HB 4661

Abstract

Amends the Public Utilities Act. Provides that no electric utility shall establish or maintain any unreasonable difference as to rates or other charges, services, contractual terms, or facilities for access to or the use of its utility infrastructure by another person or for any other purpose. Amends the Electric Service Customer Choice and Rate Relief Law of 1997. Prohibits an electric utility in a county with a population of 3,000,000 or more from authorizing any other person or granting any other person the right, by agreement, lease, license, or otherwise, to access, control, use, or operate any electric utility's infrastructure, facilities, or assets of any kind or to deliver or provide to the electric utility's retail customers or any other person's customers, broadband services, Voice over Internet Protocol (VoIP) services, telecommunications services, or cable or video programming services. Specifies, however, that an electric utility in a county with a population of 3,000,000 or more may authorize or grant another person the right to access or use the electric utility's infrastructure, facilities, or assets, including, but not limited to, middle mile infrastructure, to facilitate the delivery of broadband services to Illinois residential and commercial customers on the condition that the access to and use of that electric utility's infrastructure, facilities, and assets (A) be granted on a non-discriminatory, non-exclusive, and competitively neutral basis; and (B) comply with all other State and federal laws, rules, and regulations, including, but not limited to, all applicable safety codes and requirements. Provides that, if there is any dispute regarding the terms, rates, or conditions of access to or use of the electric utility's infrastructure, facilities, and assets to facilitate the delivery of broadband services to Illinois residential and commercial customers, then the Commission shall hear and decide the dispute upon petition of any party. Provides that nothing in the amendatory Act shall be construed to alter or diminish the rights or obligations of any person nor shall it be deemed to conflict with the federal Pole Attachment Act. Specifies that these prohibitions become inoperative after December 31, 2027. Defines terms. Effective immediately. House Floor Amendment No. 1 Provides that an electric utility in a county with a population of 3,000,000 or more (rather than any electric utility) shall not establish or maintain any unreasonable difference as to rates or other charges, services, contractual terms, or facilities for access to, or the use of, its utility infrastructure by another person or for any other purpose. Provides that nothing in the amendatory Act shall be construed to authorize any electric utility in a county with a population of 3,000,000 or more to consent to, or grant to, any other person by agreement, lease, license, or otherwise, the right to access, occupy, or use any infrastructure, facility, easement, or asset of any kind not owned by the electric utility.