Primeco Personal Communications, L.P. v. Illinois Commerce Commission

196 Ill. 2d 70 (Ill. 2001) · Supreme Court of Illinois · March 29, 2001 · No. Nos. 89075, 89084

Summary

The Illinois Supreme Court considered whether the municipal infrastructure maintenance fee imposed under the Telecommunications Municipal Infrastructure Maintenance Fee Act violated the Illinois Constitution's uniformity clause. The court held that the fee was unconstitutional as applied to wireless telecommunications providers that did not use public rights-of-way, but declined to invalidate the statute facially. The court partially affirmed the circuit court's judgment and did not address the plaintiffs' remaining claims.

Holdings

  1. The municipal infrastructure maintenance fee violates article IX, section 2, of the Illinois Constitution as applied to telecommunications retailers that do not own, operate, or maintain infrastructure in public rights-of-way.
  2. The municipal infrastructure maintenance fee is not facially invalid; it is invalid only to the extent that it applies to telecommunications retailers that do not own, operate, or maintain infrastructure in public rights-of-way.
  3. The court declined to address the plaintiffs' cross-appeal concerning counts II and III because the resolution of those issues could not affect the disposition of the controversy before the court.

Questions Presented

  1. Whether imposing the municipal infrastructure maintenance fee on wireless telecommunications retailers that do not own, operate, or maintain infrastructure in public rights-of-way creates an unreasonable classification under article IX, section 2, of the Illinois Constitution.
  2. Whether the municipal infrastructure maintenance fee was facially invalid rather than invalid only as applied to the wireless plaintiffs.
  3. Whether the court should reach the plaintiffs' separate uniformity-clause challenge concerning PBX and Centrex entities or their vagueness challenge to section 13-511 of the Public Utilities Act.

Disposition

affirmed

Cases Cited (21)

  • City of Springfield v. Inter-State Independent Telephone & Telegraph Co., 279 Ill. 324, 116 N.E. 631 (1917)(followed)
  • Milwaukee Safeguard Insurance Co. v. Selcke, 179 Ill. 2d 94, 688 N.E.2d 68 (1997)(followed)
  • Allegro Services, Ltd. v. Metropolitan Pier & Exposition Authority, 172 Ill. 2d 243, 665 N.E.2d 1246 (1996)(followed)
  • Searle Pharmaceuticals, Inc. v. Department of Revenue, 117 Ill. 2d 454, 512 N.E.2d 1240 (1987)(followed)
  • Geja's Cafe v. Metropolitan Pier & Exposition Authority, 153 Ill. 2d 239, 606 N.E.2d 1212 (1992)(followed)
  • Triple A Services, Inc. v. Rice, 131 Ill. 2d 217, 545 N.E.2d 706 (1989)(followed)
  • Brown v. Kirk, 64 Ill. 2d 144, 355 N.E.2d 12 (1976)(followed)
  • Atkins v. Deere & Co., 177 Ill. 2d 222, 685 N.E.2d 342 (1997)(followed)
  • Edwards v. Pope, 4 Ill. 465 (1842)(followed)
  • Michigan Avenue National Bank v. County of Cook, 191 Ill. 2d 493, 732 N.E.2d 528 (2000)(followed)

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