220 ILCS 5/13-301.3
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article XIII - Telecommunications

(Section scheduled to be repealed on December 31, 2026)Sec. 13-301.3. Digital Divide Elimination Infrastructure Program.(a) The Digital Divide Elimination Infrastructure Fund is created as a  special  fund in the State treasury. All moneys in the Fund shall be used, subject to  appropriation, by the Commission to fund (i) the construction of facilities  specified in  Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic Information Act. The Commission may accept private  and  public funds, including federal funds, for deposit into the Fund. Earnings  attributable to  moneys in the Fund shall be deposited into the Fund.(b) The Commission shall adopt rules under which it will make grants out of  funds appropriated from the Digital Divide Elimination Infrastructure Fund to  eligible  entities as specified in the rules for the construction of high-speed data  transmission  facilities in eligible areas  of the State.  For purposes of determining whether an area is an eligible  area, the Commission shall consider, among other things, whether (i) in such  area, advanced telecommunications services, as defined in subsection (c) of  Section 13-517 of this Act, are under-provided to residential or small business  end users, either directly or indirectly through an Internet Service Provider,  (ii) such area has a low population density, and (iii) such area has not yet  developed a competitive market for advanced services.  In addition, if an  entity seeking a grant of funds from the Digital Divide Elimination  Infrastructure Fund is an incumbent local exchange carrier having the duty to  serve  such area, and the obligation to provide advanced services to such area  pursuant to  Section 13-517 of this Act, the entity shall demonstrate that it has sought  and obtained an exemption from such  obligation  pursuant to subsection (b) of Section 13-517.  Any entity seeking a grant of  funds from the Digital Divide Elimination Infrastructure Fund shall demonstrate  to the Commission that the grant shall be used for the construction of  high-speed data transmission facilities in an eligible area and demonstrate  that it satisfies  all other requirements of the Commission's rules.  The  Commission shall determine the information that it deems necessary to award  grants pursuant to this Section.(c) The rules of the Commission shall provide for the competitive selection  of  recipients of grant funds available from the Digital Divide Elimination  Infrastructure Fund  pursuant to the Illinois Procurement Code. Grants shall be awarded to bidders  chosen  on the basis of the criteria established in such rules.(d) All entities awarded grant moneys under this Section shall maintain all  records required by Commission rule for the period of time specified in the  rules. Such  records shall be subject to audit by the Commission, by any auditor appointed  by the  State, or by any State officer authorized to conduct audits.  (Source: P.A. 100-20, eff. 7-1-17.)