SB 3173

Abstract

Amends the Counties Code and the Illinois Municipal Code. Provides that a county or municipality may undertake local broadband projects and the provision of services in connection with local broadband projects, may lease infrastructure that it owns or controls relating to local broadband projects or services, may aggregate customers or demand for broadband services, and may apply for and receive funds or technical assistance to undertake local broadband projects to address the level of broadband access available to its businesses and residents. Provides that, to the extent that it seeks to serve as a retail provider of telecommunications services, the county or municipality must obtain appropriate certification from the Illinois Commerce Commission as a telecommunications carrier. Provides that certification of a county or municipality serving as a retail provider of telecommunication services is an exclusive power and function of the State. Amends the Public Utilities Act to make a conforming change. Senate Committee Amendment No. 1 Deletes reference to: 65 ILCS 5/11-117-15 new 220 ILCS 5/13-202 Replaces everything after the enacting clause. Amends the Counties Code. Provides that a county may lease, license, or otherwise grant access to and use of infrastructure, including fiber optic cables, that the county owns or controls to public or private entities to facilitate the delivery of broadband services on the condition that the lease, license, access, or use: (1) be granted on a nondiscriminatory, nonexclusive, and competitively neutral basis; and (2) comply with all other State and federal laws, rules, and regulations, including, but not limited to, all applicable safety codes and requirements. Provides that the provisions apply to leases, licenses, or other agreements entered into, amended, or renewed on or after the effective date of the amendatory Act. House Floor Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill, but adds that nothing in the provisions shall be construed to authorize a county to lease, license, or otherwise grant access to or use of infrastructure that the county does not own or control to public or private entities to facilitate the delivery of broadband services.