Bill Text: IL SB0107 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-06-15 - Public Act . . . . . . . . . 96-0927 [SB0107 Detail]
Download: Illinois-2009-SB0107-Enrolled.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The High Speed Internet Services and Information | ||||||
5 | Technology Act is amended by changing Sections 20 and 25 as | ||||||
6 | follows:
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7 | (20 ILCS 661/20)
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8 | Sec. 20. Duties of the enlisted nonprofit organization. | ||||||
9 | (a) The high speed Internet deployment strategy and demand | ||||||
10 | creation initiative to be performed by the nonprofit | ||||||
11 | organization shall include, but not be limited to, the | ||||||
12 | following actions: | ||||||
13 | (1) Create a geographic statewide inventory of high | ||||||
14 | speed Internet service and other relevant broadband and | ||||||
15 | information technology services. The inventory shall: | ||||||
16 | (A) identify geographic gaps in high speed | ||||||
17 | Internet service through a method of GIS mapping of | ||||||
18 | service availability and GIS analysis at the census | ||||||
19 | block level; and | ||||||
20 | (B) provide a baseline assessment of statewide | ||||||
21 | high speed Internet deployment in terms of percentage | ||||||
22 | of Illinois households with high speed Internet | ||||||
23 | availability ; and . |
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1 | (C) collect from Facilities-based Providers of | ||||||
2 | Broadband Connections to End User Locations the | ||||||
3 | information provided pursuant to the agreements | ||||||
4 | entered into with the non-profit organization as of the | ||||||
5 | effective date of this amendatory Act of the 96th | ||||||
6 | General Assembly or similar information from | ||||||
7 | Facilities-based Providers of Broadband Connections to | ||||||
8 | End User Locations that do not have the agreements on | ||||||
9 | said date. | ||||||
10 | For the purposes of item (C), "Facilities-based | ||||||
11 | Providers of Broadband Connections to End User | ||||||
12 | Locations" shall have the same meaning as that term is | ||||||
13 | defined in Section 13-407 of the Public Utilities Act. | ||||||
14 | (2) Track and identify, through customer interviews | ||||||
15 | and surveys and other publicly available sources, | ||||||
16 | statewide residential and business adoption of high speed | ||||||
17 | Internet, computers, and related information technology | ||||||
18 | and any barriers to adoption. | ||||||
19 | (3) Build and facilitate in each county or designated | ||||||
20 | region a local technology planning team with members | ||||||
21 | representing a cross section of the community, including, | ||||||
22 | but not limited to, representatives of business, K-12 | ||||||
23 | education, health care, libraries, higher education, | ||||||
24 | community-based organizations, local government, tourism, | ||||||
25 | parks and recreation, and agriculture. Each team shall | ||||||
26 | benchmark technology use across relevant community |
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1 | sectors, set goals for improved technology use within each | ||||||
2 | sector, and develop a plan for achieving its goals, with | ||||||
3 | specific recommendations for online application | ||||||
4 | development and demand creation. | ||||||
5 | (4) Collaborate with high speed Internet providers and | ||||||
6 | technology companies to encourage deployment and use, | ||||||
7 | especially in underserved areas, by aggregating local | ||||||
8 | demand, mapping analysis, and creating market intelligence | ||||||
9 | to improve the business case for providers to deploy. | ||||||
10 | (5) Collaborate with the Department in developing a | ||||||
11 | program to increase computer ownership and broadband | ||||||
12 | access for disenfranchised populations across the State. | ||||||
13 | The program may include grants to local community | ||||||
14 | technology centers that provide technology training, | ||||||
15 | promote computer ownership, and increase broadband access. | ||||||
16 | (6) Collaborate with the Department and the Illinois | ||||||
17 | Commerce Commission regarding the collection of the | ||||||
18 | information required by this Section to assist in | ||||||
19 | monitoring and analyzing the broadband markets and the | ||||||
20 | status of competition and deployment of broadband services | ||||||
21 | to consumers in the State, including the format of | ||||||
22 | information requested, provided the Commission enters into | ||||||
23 | the proprietary and confidentiality agreements governing | ||||||
24 | such information. | ||||||
25 | (b) The nonprofit organization may apply for federal grants | ||||||
26 | consistent with the objectives of this Act. |
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1 | (c) The Department of Commerce and Economic Opportunity | ||||||
2 | shall use the funds in the High Speed Internet Services and | ||||||
3 | Information Technology Fund to (1) provide grants to the | ||||||
4 | nonprofit organization enlisted under this Act and (2) for any | ||||||
5 | costs incurred by the Department to administer this Act. | ||||||
6 | (d) The nonprofit organization shall have the power to | ||||||
7 | obtain or to raise funds other than the grants received from | ||||||
8 | the Department under this Act. | ||||||
9 | (e) The nonprofit organization and its Board of Directors | ||||||
10 | shall exist separately and independently from the Department | ||||||
11 | and any other governmental entity, but shall cooperate with | ||||||
12 | other public or private entities it deems appropriate in | ||||||
13 | carrying out its duties. | ||||||
14 | (f) Notwithstanding anything in this Act or any other Act | ||||||
15 | to the contrary, any information that is designated | ||||||
16 | confidential or proprietary by an entity providing the | ||||||
17 | information to the nonprofit organization or any other entity | ||||||
18 | to accomplish the objectives of this Act shall be deemed | ||||||
19 | confidential, proprietary, and a trade secret and treated by | ||||||
20 | the nonprofit organization or anyone else possessing the | ||||||
21 | information as such and shall not be disclosed. | ||||||
22 | (g) The nonprofit organization shall provide a report to | ||||||
23 | the Commission on Government Forecasting and Accountability on | ||||||
24 | an annual basis for the first 3 complete State fiscal years | ||||||
25 | following its enlistment.
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26 | (Source: P.A. 95-684, eff. 10-19-07.)
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1 | (20 ILCS 661/25)
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2 | Sec. 25. Scope of authority. Nothing in this Act shall be | ||||||
3 | construed as giving the Department of Commerce and Economic | ||||||
4 | Opportunity, the nonprofit organization, or other entities any | ||||||
5 | additional authority, regulatory or otherwise, over providers | ||||||
6 | of telecommunications, broadband, and information technology. | ||||||
7 | However, the Department shall have the authority to require | ||||||
8 | Facilities-based Providers of Broadband Connections to End | ||||||
9 | User Locations to provide information pursuant to subsection | ||||||
10 | (c) of Section 20. Upon request, any and all information | ||||||
11 | collected pursuant to subsection (c) of Section 20 that is | ||||||
12 | provided to the enlisted nonprofit organization shall be | ||||||
13 | provided to the Department, provided the Department enters into | ||||||
14 | the proprietary and confidentiality agreements governing such | ||||||
15 | information.
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16 | (Source: P.A. 95-684, eff. 10-19-07.)
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17 | Section 10. The Public Utilities Act is amended by changing | ||||||
18 | Sections 13-101, 13-202, 13-301, 13-406, 13-407, 13-503, | ||||||
19 | 13-505, 13-509, 13-703, 13-704, 13-712, 13-1200, and 22-501 and | ||||||
20 | by adding Sections 13-234, 13-235, 13-401.1, 13-506.2, 13-804, | ||||||
21 | 13-900.1, and 13-900.2 as follows:
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22 | (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
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23 | (Section scheduled to be repealed on July 1, 2010)
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1 | Sec. 13-101.
Application of Act to telecommunications | ||||||
2 | rates and
services. Except to the extent modified or | ||||||
3 | supplemented by the
specific provisions of this Article, the | ||||||
4 | Sections of this Act pertaining to
public utilities, public | ||||||
5 | utility rates and services, and the regulation
thereof, are | ||||||
6 | fully and equally applicable to noncompetitive
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7 | telecommunications rates and services, and the regulation | ||||||
8 | thereof, except
where the context clearly renders such | ||||||
9 | provisions inapplicable. Except to
the extent modified or | ||||||
10 | supplemented by the specific provisions of this
Article, | ||||||
11 | Articles I through V, Sections 8-301, 8-305, 8-502, 8-503, | ||||||
12 | 8-505, 8-509, 8-509.5, 8-510,
9-221, 9-222,
9-222.1,
9-222.2, | ||||||
13 | 9-250, and 9-252.1, and Article Articles X and XI of this Act
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14 | are fully and equally applicable to
competitive | ||||||
15 | telecommunications rates and services, and the regulation
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16 | thereof except that Section 9-250 shall not apply to | ||||||
17 | competitive retail telecommunications services ; in addition, | ||||||
18 | as to competitive telecommunications rates and
services, and | ||||||
19 | the regulation thereof, and with the exception of competitive | ||||||
20 | retail telecommunications service rates and services, all | ||||||
21 | rules and regulations
made by a telecommunications carrier | ||||||
22 | affecting or pertaining to its
charges or service to the public | ||||||
23 | shall be just and reasonable ,
provided that nothing in this | ||||||
24 | Section shall be construed to prevent
a telecommunications | ||||||
25 | carrier from accepting payment
electronically or by the use of | ||||||
26 | a customer-preferred financially
accredited credit or debit |
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1 | methodology .
As of the effective date of this amendatory Act of | ||||||
2 | the 92nd General
Assembly,
Sections 4-202, 4-203,
and
5-202 of | ||||||
3 | this Act shall cease to apply to telecommunications rates and
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4 | services.
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5 | (Source: P.A. 92-22, eff. 6-30-01 .)
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6 | (220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
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7 | (Section scheduled to be repealed on July 1, 2010)
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8 | Sec. 13-202.
"Telecommunications carrier" means and | ||||||
9 | includes every
corporation, company, association, joint stock | ||||||
10 | company or association,
firm, partnership or individual, their | ||||||
11 | lessees, trustees or receivers
appointed by any court | ||||||
12 | whatsoever that owns, controls, operates or manages,
within | ||||||
13 | this State, directly or indirectly, for public use, any plant,
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14 | equipment or property used or to be used for or in connection | ||||||
15 | with, or owns
or controls any franchise, license, permit or | ||||||
16 | right to engage in the
provision of, telecommunications | ||||||
17 | services between points within the State
which are specified by | ||||||
18 | the user. "Telecommunications carrier" includes an Electing | ||||||
19 | Provider, as defined in Section 13-506.2. Telecommunications | ||||||
20 | carrier does not
include, however:
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21 | (a) telecommunications carriers that are owned and | ||||||
22 | operated by any
political subdivision, public or private | ||||||
23 | institution of higher education or
municipal corporation of | ||||||
24 | this State, for their own use, or
telecommunications carriers | ||||||
25 | that are owned by such political subdivision,
public or private |
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1 | institution of higher education, or municipal corporation
and | ||||||
2 | operated by any of its lessees or operating agents, for their | ||||||
3 | own use;
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4 | (b) telecommunications carriers which are purely mutual | ||||||
5 | concerns, having
no rates or charges for services, but paying | ||||||
6 | the operating expenses by
assessment upon the members of such a | ||||||
7 | company and no other person but does
include telephone or | ||||||
8 | telecommunications cooperatives as defined in
Section 13-212;
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9 | (c) a company or person which provides telecommunications | ||||||
10 | services solely to
itself and its affiliates or members or | ||||||
11 | between points in the same building,
or between closely located | ||||||
12 | buildings, affiliated through substantial
common ownership, | ||||||
13 | control or development; or
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14 | (d) a company or person engaged in the delivery of | ||||||
15 | community antenna
television services as described in | ||||||
16 | subdivision (c) of Section 13-203,
except with respect to the | ||||||
17 | provision of telecommunications services by that
company or | ||||||
18 | person.
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19 | (Source: P.A. 87-856 .)
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20 | (220 ILCS 5/13-234 new) | ||||||
21 | (Section scheduled to be repealed on July 1, 2010) | ||||||
22 | Sec. 13-234. Interconnected voice over Internet protocol | ||||||
23 | service. "Interconnected voice over Internet protocol service" | ||||||
24 | or "Interconnected VoIP service" has the meaning prescribed in | ||||||
25 | 47 CFR 9.3 as defined on the effective date of this amendatory |
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1 | Act of the 96th General Assembly or as amended thereafter.
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2 | (220 ILCS 5/13-235 new) | ||||||
3 | (Section scheduled to be repealed on July 1, 2010) | ||||||
4 | Sec. 13-235. Interconnected voice over Internet protocol | ||||||
5 | provider. "Interconnected voice over Internet protocol | ||||||
6 | provider" or "Interconnected VoIP provider" means and includes | ||||||
7 | every corporation, company, association, joint stock company | ||||||
8 | or association, firm, partnership, or individual, their | ||||||
9 | lessees, trustees, or receivers appointed by any court | ||||||
10 | whatsoever that owns, controls, operates, manages, or provides | ||||||
11 | within this State, directly or indirectly, Interconnected | ||||||
12 | voice over Internet protocol service.
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13 | (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
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14 | (Section scheduled to be repealed on July 1, 2010)
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15 | Sec. 13-301. Duties of the Commission. | ||||||
16 | (1) Consistent with the findings and policy established in
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17 | paragraph (a) of Section 13-102 and paragraph (a) of Section | ||||||
18 | 13-103, and
in order to ensure the attainment of such policies, | ||||||
19 | the Commission shall:
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20 | (a) participate in all federal programs intended to | ||||||
21 | preserve or extend
universal telecommunications service, | ||||||
22 | unless such programs would place cost
burdens on Illinois | ||||||
23 | customers of telecommunications services in excess of
the | ||||||
24 | benefits they would receive through participation, |
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1 | provided, however,
the Commission shall not approve or | ||||||
2 | permit the imposition of any surcharge
or other fee | ||||||
3 | designed to subsidize or provide a waiver for subscriber | ||||||
4 | line
charges; and shall report on such programs together | ||||||
5 | with an assessment of
their adequacy and the advisability | ||||||
6 | of participating therein in its annual
report to the | ||||||
7 | General Assembly, or more often as necessary;
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8 | (b) (Blank) establish a program to monitor the level of | ||||||
9 | telecommunications
subscriber connection within each | ||||||
10 | exchange in Illinois, and shall report
the results of such | ||||||
11 | monitoring and any actions it has taken or recommends
be | ||||||
12 | taken to maintain and increase such levels in its annual | ||||||
13 | report to the
General Assembly, or more often if necessary ;
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14 | (c) order all telecommunications carriers offering or | ||||||
15 | providing local
exchange telecommunications service to | ||||||
16 | propose low-cost or budget service
tariffs and any other | ||||||
17 | rate design or pricing mechanisms designed to
facilitate | ||||||
18 | customer access to such telecommunications service, | ||||||
19 | provided that services offered by any telecommunications | ||||||
20 | carrier at the rates, terms, and conditions specified in | ||||||
21 | Section 13-506.2 or Section 13-518 of this Article shall | ||||||
22 | constitute compliance with this Section. A | ||||||
23 | telecommunications carrier may seek Commission approval of | ||||||
24 | other low-cost or budget service tariffs or rate design or | ||||||
25 | pricing mechanisms to comply with this Section and shall
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26 | after notice and hearing, implement any such proposals |
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1 | which it finds
likely to achieve such purpose ;
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2 | (d) investigate the necessity of and, if appropriate, | ||||||
3 | establish a universal service support fund
from which local | ||||||
4 | exchange telecommunications
carriers
who pursuant to the | ||||||
5 | Twenty-Seventh Interim Order of the Commission in Docket
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6 | No. 83-0142 or the orders of the Commission in Docket No. | ||||||
7 | 97-0621 and Docket
No.
98-0679
received funding and whose | ||||||
8 | economic costs of providing
services for which universal | ||||||
9 | service support may be made available exceed
the
affordable | ||||||
10 | rate established by the Commission for such services may be
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11 | eligible to receive
support, less any federal universal | ||||||
12 | service support received for the same or
similar costs
of | ||||||
13 | providing the supported services; provided, however, that | ||||||
14 | if a universal
service support
fund is established, the | ||||||
15 | Commission shall require that all costs of the fund be
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16 | recovered
from all local exchange and interexchange | ||||||
17 | telecommunications carriers
certificated in
Illinois on a | ||||||
18 | competitively neutral and nondiscriminatory basis. In
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19 | establishing any such
universal service support fund, the | ||||||
20 | Commission shall, in addition to the
determination of
costs | ||||||
21 | for supported services, consider and make findings | ||||||
22 | pursuant to subsection (2) paragraphs
(1), (2), and
(4) of | ||||||
23 | item (e) of this Section. Proxy cost, as determined by the
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24 | Commission, may be
used for this purpose. In determining | ||||||
25 | cost recovery for any universal service
support fund, the | ||||||
26 | Commission shall not permit recovery of such costs from
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1 | another certificated carrier for any service purchased and | ||||||
2 | used solely as an
input to a service provided to such | ||||||
3 | certificated carrier's retail customers . ; and
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4 | (2) (e) investigate the necessity of and, if appropriate, | ||||||
5 | establish a
universal
service support
fund in addition to any | ||||||
6 | fund that may be established pursuant to item (d)
of this
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7 | Section; provided, however, that if a telecommunications | ||||||
8 | carrier receives
universal
service support pursuant to item (d) | ||||||
9 | of this Section, that
telecommunications carrier
shall not | ||||||
10 | receive universal service support pursuant to this item.
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11 | Recipients of any
universal service support funding created by | ||||||
12 | this item shall be
"eligible"
telecommunications carriers, as | ||||||
13 | designated by the Commission in accordance with
47
U.S.C. | ||||||
14 | 214(e)(2). Eligible telecommunications carriers providing | ||||||
15 | local
exchange
telecommunications service
may be eligible to | ||||||
16 | receive support for such services, less any federal
universal | ||||||
17 | service support
received for the same or similar costs of | ||||||
18 | providing the supported services.
If a fund is established, the
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19 | Commission
shall require that the costs of such fund be | ||||||
20 | recovered from all
telecommunications
carriers, with the | ||||||
21 | exception of wireless carriers who are providers of two-way
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22 | cellular
telecommunications service and who have not been | ||||||
23 | designated as eligible
telecommunications carriers, on a | ||||||
24 | competitively neutral and non-discriminatory
basis. In
any | ||||||
25 | order creating a fund pursuant to paragraph (d) of subsection | ||||||
26 | (1) this item , the Commission, after
notice and
hearing, shall:
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1 | (a) (1) Define the group of services to be declared | ||||||
2 | "supported
telecommunications
services" that constitute | ||||||
3 | "universal service". This group of services shall,
at a
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4 | minimum, include those services as defined by the Federal | ||||||
5 | Communications
Commission and as from time to time amended. | ||||||
6 | In addition, the Commission
shall consider the range of | ||||||
7 | services currently offered by telecommunications
carriers | ||||||
8 | offering local exchange telecommunications service, the | ||||||
9 | existing rate
structures for the supported | ||||||
10 | telecommunications services, and the
telecommunications | ||||||
11 | needs of Illinois consumers in determining the supported
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12 | telecommunications services.
The Commission shall, from | ||||||
13 | time to time or upon request, review and, if
appropriate, | ||||||
14 | revise the group of Illinois supported telecommunications | ||||||
15 | services
and the terms of the fund to reflect changes or | ||||||
16 | enhancements in
telecommunications needs, technologies, | ||||||
17 | and available services.
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18 | (b) (2) Identify all implicit subsidies contained in | ||||||
19 | rates or charges of
incumbent local exchange
carriers, | ||||||
20 | including all subsidies in interexchange access charges, | ||||||
21 | and
determine how
such subsidies can be made explicit by
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22 | the creation of the fund.
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23 | (3) Identify the incumbent local exchange carriers' | ||||||
24 | economic costs of
providing the
supported | ||||||
25 | telecommunications services.
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26 | (c) (4) Establish an affordable price for the supported |
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1 | telecommunications
services for
the respective incumbent | ||||||
2 | local exchange carrier. The affordable price shall
be no | ||||||
3 | less than
the rates in effect at the time the Commission | ||||||
4 | creates a fund
pursuant to this item. The Commission may | ||||||
5 | establish and utilize indices
or
models for updating the | ||||||
6 | affordable price for supported telecommunications
| ||||||
7 | services.
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8 | (5) Identify the telecommunications carriers from whom | ||||||
9 | the costs of the
fund
shall be recovered and the mechanism | ||||||
10 | to be used to determine and establish a
competitively | ||||||
11 | neutral and non-discriminatory funding basis. From time to | ||||||
12 | time,
or upon request, the Commission shall consider | ||||||
13 | whether, based upon changes in
technology or other factors, | ||||||
14 | additional telecommunications providers should
contribute | ||||||
15 | to the fund. The Commission shall establish the basis upon | ||||||
16 | which
telecommunications carriers contributing to the fund | ||||||
17 | shall recover
contributions
on a competitively neutral and | ||||||
18 | non-discriminatory basis.
In determining cost recovery for | ||||||
19 | any universal support fund, the Commission
shall not permit | ||||||
20 | recovery of such costs from another certificated carrier | ||||||
21 | for
any service purchased and used solely as an input to a | ||||||
22 | service provided to such
certificated carriers' retail | ||||||
23 | customers.
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24 | (6) Approve a plan for the administration and operation | ||||||
25 | of the fund by a
neutral third party consistent with the | ||||||
26 | requirements of this item.
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1 | No fund shall be created pursuant to this item until | ||||||
2 | existing
implicit
subsidies,
including, but not limited to, | ||||||
3 | those subsidies contained in interexchange
access
charges, | ||||||
4 | have been identified and eliminated through revisions to rates | ||||||
5 | or
charges.
Prior to May 1, 2000, such revisions to rates or | ||||||
6 | charges to eliminate implicit
subsidies shall occur | ||||||
7 | contemporaneously with any funding established pursuant
to | ||||||
8 | this item. However, if the Commission does not establish a | ||||||
9 | universal
service support fund by May 1, 2000, the Commission | ||||||
10 | shall not be prevented from
entering an order or taking other | ||||||
11 | actions to reduce or eliminate existing
subsidies as well as | ||||||
12 | considering the effect of such reduction or elimination on
| ||||||
13 | local exchange carriers.
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14 | Any telecommunications carrier providing local exchange
| ||||||
15 | telecommunications service which offers to its local exchange | ||||||
16 | customers a
choice of two or more local exchange | ||||||
17 | telecommunications service offerings
shall provide, to any | ||||||
18 | such customer requesting it, once a year without
charge, a | ||||||
19 | report describing which local exchange telecommunications | ||||||
20 | service
offering would result in the lowest bill for such | ||||||
21 | customer's local exchange
service, based on such customer's | ||||||
22 | calling pattern and usage for the
previous 6 months. At least | ||||||
23 | once a year, each such carrier shall provide a
notice to each | ||||||
24 | of its local exchange telecommunications service customers
| ||||||
25 | describing the availability of this report and the specific | ||||||
26 | procedures by
which customers may receive it. Such report shall |
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1 | only be available to
current and future customers who have | ||||||
2 | received at least 6 months of
continuous local exchange service | ||||||
3 | from such carrier.
| ||||||
4 | (Source: P.A. 91-636, eff. 8-20-99 .)
| ||||||
5 | (220 ILCS 5/13-401.1 new) | ||||||
6 | (Section scheduled to be repealed on July 1, 2010) | ||||||
7 | Sec. 13-401.1. Interconnected voice over Internet protocol | ||||||
8 | (VoIP) service provider registration. | ||||||
9 | (a) An Interconnected VoIP provider providing fixed or | ||||||
10 | non-nomadic service in Illinois on December 1, 2010 shall | ||||||
11 | register with the Commission no later than January 1, 2011. All | ||||||
12 | other Interconnected VoIP providers providing fixed or | ||||||
13 | non-nomadic service in Illinois shall register with the | ||||||
14 | Commission at least 30 days before providing service in | ||||||
15 | Illinois. The Commission shall prescribe a registration form no | ||||||
16 | later than October 1, 2010. The registration form prescribed by | ||||||
17 | the Commission shall only require the following information: | ||||||
18 | (1) the provider's legal name and any name under which | ||||||
19 | the provider does or will do business in Illinois, as | ||||||
20 | authorized by the Secretary of State; | ||||||
21 | (2) the provider's address and telephone number, along | ||||||
22 | with contact information for the person responsible for | ||||||
23 | ongoing communications with the Commission; | ||||||
24 | (3) a description of the provider's dispute resolution | ||||||
25 | process and, if any, the telephone number to initiate the |
| |||||||
| |||||||
1 | dispute resolution process; and | ||||||
2 | (4) a description of each exchange of a local exchange | ||||||
3 | company, in whole or in part, or the cities, towns, or | ||||||
4 | geographic areas, in whole or in part, in which the | ||||||
5 | provider is offering or proposes to offer Interconnected | ||||||
6 | VoIP service. | ||||||
7 | A provider must notify the Commission of any change in the | ||||||
8 | information identified in paragraphs (1), (2), (3), or (4) of | ||||||
9 | this subsection (a) within 5 business days after any such | ||||||
10 | change. | ||||||
11 | (b) A provider shall charge and collect from its end-user | ||||||
12 | customers, and remit to the appropriate authority, fees and | ||||||
13 | surcharges in the same manner as are charged and collected upon | ||||||
14 | end-user customers of local exchange telecommunications | ||||||
15 | service and remitted by local exchange telecommunications | ||||||
16 | companies for local enhanced 9-1-1 surcharges. | ||||||
17 | (c) A provider may designate information that it submits in | ||||||
18 | its registration form or subsequent reports as confidential or | ||||||
19 | proprietary, provided that the provider states the reasons the | ||||||
20 | confidential designation is necessary. The Commission shall | ||||||
21 | provide adequate protection for such information pursuant to | ||||||
22 | Section 4-404 of this Act. If the Commission or any other party | ||||||
23 | seeks public disclosure of information designated as | ||||||
24 | confidential, the Commission shall consider the confidential | ||||||
25 | designation in a proceeding under the Illinois Administrative | ||||||
26 | Procedure Act, and the burden of proof to demonstrate that the |
| |||||||
| |||||||
1 | designated information is confidential shall be upon the | ||||||
2 | provider. Designated information shall remain confidential | ||||||
3 | pending the Commission's determination of whether the | ||||||
4 | information is entitled to confidential treatment. Information | ||||||
5 | designated as confidential shall be provided to local units of | ||||||
6 | government for purposes of assessing compliance with this | ||||||
7 | Article as permitted under a protective order issued by the | ||||||
8 | Commission pursuant to the Commission's rules and to the | ||||||
9 | Attorney General pursuant to Section 6.5 of the Attorney | ||||||
10 | General Act. Information designated as confidential under this | ||||||
11 | Section or determined to be confidential upon Commission review | ||||||
12 | shall only be disclosed pursuant to a valid and enforceable | ||||||
13 | subpoena or court order or as required by the Freedom of | ||||||
14 | Information Act. | ||||||
15 | (d) Notwithstanding any other provision of law to the | ||||||
16 | contrary, the Commission shall have the authority, after notice | ||||||
17 | and hearing, to revoke or suspend the registration of any | ||||||
18 | provider that fails to comply with the requirements of this | ||||||
19 | Section. | ||||||
20 | (e) The provisions of this Section are severable under | ||||||
21 | Section 1.31 of the Statute on Statutes.
| ||||||
22 | (220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
| ||||||
23 | (Section scheduled to be repealed on July 1, 2010)
| ||||||
24 | Sec. 13-406. Abandonment of service. No telecommunications | ||||||
25 | carrier offering or providing
noncompetitive |
| |||||||
| |||||||
1 | telecommunications service pursuant to a valid
Certificate of | ||||||
2 | Service Authority or certificate of public convenience and
| ||||||
3 | necessity shall discontinue or abandon such service once | ||||||
4 | initiated until
and unless it shall demonstrate, and the | ||||||
5 | Commission finds, after notice and
hearing, that such | ||||||
6 | discontinuance or abandonment will not deprive customers
of any | ||||||
7 | necessary or essential telecommunications service or access | ||||||
8 | thereto
and is not otherwise contrary to the public interest. | ||||||
9 | No
telecommunications carrier offering or providing | ||||||
10 | competitive
telecommunications service shall completely | ||||||
11 | discontinue or abandon such service to an identifiable class or | ||||||
12 | group of customers once
initiated except upon 60 30 days notice | ||||||
13 | to the Commission and affected
customers. The Commission may, | ||||||
14 | upon its own motion or upon complaint,
investigate the proposed | ||||||
15 | discontinuance or abandonment of a competitive
| ||||||
16 | telecommunications service and may, after notice and hearing, | ||||||
17 | prohibit such
proposed discontinuance or abandonment if the | ||||||
18 | Commission finds that it
would be contrary to the public | ||||||
19 | interest. If the Commission does not provide notice of a | ||||||
20 | hearing within 60 calendar days after the notification or holds | ||||||
21 | a hearing and fails to find that the proposed discontinuation | ||||||
22 | or abandonment would be contrary to the public interest, the | ||||||
23 | provider may discontinue or abandon such service after | ||||||
24 | providing at least 30 days notice to affected customers.
| ||||||
25 | (Source: P.A. 84-1063 .)
|
| |||||||
| |||||||
1 | (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
| ||||||
2 | (Section scheduled to be repealed on July 1, 2010)
| ||||||
3 | Sec. 13-407. Commission study and report. The Commission | ||||||
4 | shall monitor
and analyze patterns of
entry and exit and | ||||||
5 | changes in patterns of entry
and exit for each relevant
market | ||||||
6 | for telecommunications services, including emerging high speed
| ||||||
7 | telecommunications markets and broadband services. The | ||||||
8 | Commission , and shall include its findings
together with | ||||||
9 | appropriate recommendations for legislative action in its
| ||||||
10 | annual report to the General Assembly. The Commission shall | ||||||
11 | provide an analysis of entry and exit, along with changes in | ||||||
12 | patterns of entry and exit, for broadband services in its | ||||||
13 | annual report to the General Assembly.
| ||||||
14 | In preparing its annual report, the Commission may obtain | ||||||
15 | any information on broadband services that has been collected | ||||||
16 | or is in the possession of the Department of Commerce and | ||||||
17 | Economic Opportunity pursuant to the High Speed Internet | ||||||
18 | Services and Information Technology Act. The Commission shall | ||||||
19 | coordinate with the Department of Commerce and Economic | ||||||
20 | Opportunity in collecting information to avoid a duplication of | ||||||
21 | efforts. | ||||||
22 | The Commission shall also monitor and analyze the status
of | ||||||
23 | deployment of services to consumers, and any resulting "digital | ||||||
24 | divisions"
between consumers, including any changes or trends | ||||||
25 | therein. The
Commission shall include its findings together | ||||||
26 | with appropriate recommendations
for legislative action in its |
| |||||||
| |||||||
1 | annual report to the General Assembly. In
preparing this | ||||||
2 | analysis the Commission shall evaluate information
provided by | ||||||
3 | certificated telecommunications carriers , registered | ||||||
4 | Interconnected VoIP providers, and Facilities-based Providers | ||||||
5 | of Broadband Connections to End User Locations that pertains to | ||||||
6 | the state of
competition in telecommunications markets | ||||||
7 | including, but not limited to:
| ||||||
8 | (1) the number and type of firms providing | ||||||
9 | telecommunications services and ,
including broadband | ||||||
10 | telecommunications services, within the State;
| ||||||
11 | (2) the telecommunications services offered by these | ||||||
12 | firms to both retail
and wholesale customers;
| ||||||
13 | (3) the extent to which customers and other providers | ||||||
14 | are purchasing the
firms' telecommunications services; and
| ||||||
15 | (4) the technologies or methods by which these firms | ||||||
16 | provide these
services, including descriptions of | ||||||
17 | technologies in place and under
development, and the degree | ||||||
18 | to which firms rely on other wholesale providers to
provide | ||||||
19 | service to their own customers . ; and
| ||||||
20 | (5) the tariffed retail and wholesale prices for | ||||||
21 | services provided by
these firms.
| ||||||
22 | The Commission shall at a minimum assess the variability in | ||||||
23 | this
information according to geography, examining variability | ||||||
24 | by exchange,
wirecenter, or zip code, and by
customer class, | ||||||
25 | examining, at a minimum, the variability between residential
| ||||||
26 | and small, medium, and large business customers. The Commission |
| |||||||
| |||||||
1 | shall
provide an analysis of market trends by collecting this | ||||||
2 | information from certificated telecommunications carriers, | ||||||
3 | registered Interconnected VoIP providers, and Facilities-based | ||||||
4 | Providers of Broadband Connections to End User Locations firms
| ||||||
5 | providing telecommunications services within the State. The | ||||||
6 | Commission shall
also collect all information, in a format | ||||||
7 | determined by the Commission, that
the Commission deems | ||||||
8 | necessary to assist in monitoring and analyzing the
| ||||||
9 | telecommunications markets and broadband market, along with | ||||||
10 | and the status of competition and deployment of
| ||||||
11 | telecommunications services and broadband services to | ||||||
12 | consumers in the State.
| ||||||
13 | Notwithstanding any other provision of this Act, | ||||||
14 | certificated telecommunications carriers and registered | ||||||
15 | Interconnected VoIP providers shall report to the Commission | ||||||
16 | such information, with the exception of broadband information, | ||||||
17 | requested by the Commission necessary to satisfy the reporting | ||||||
18 | requirements of items (1) through (4) of this Section.
The | ||||||
19 | Commission may coordinate and work with the Department of | ||||||
20 | Commerce and Economic Opportunity to avoid duplication of | ||||||
21 | collection of information that is collected pursuant to the | ||||||
22 | High Speed Internet Services and Information Technology Act. | ||||||
23 | For the purposes of this Section: | ||||||
24 | "Broadband connections" include wired lines or | ||||||
25 | wireless channels that enable the end user to receive | ||||||
26 | information from or send information to the Internet at |
| |||||||
| |||||||
1 | information transfer rates exceeding 200 kbps in at least | ||||||
2 | one direction. | ||||||
3 | "End user" includes a residential, business, | ||||||
4 | institutional, or government entity who uses broadband | ||||||
5 | services for its own purposes and who does not resell such | ||||||
6 | services to other entities or incorporate such services | ||||||
7 | into retail Internet-access services. For purposes of this | ||||||
8 | Section, an Internet Service Provider (ISP) is not an end | ||||||
9 | user of a broadband connection. | ||||||
10 | "Facilities-based Provider of Broadband Connections to | ||||||
11 | End User Locations" means an entity that meets any of the | ||||||
12 | following conditions: | ||||||
13 | (i) It owns the portion of the physical facility | ||||||
14 | that terminates at the end user location. | ||||||
15 | (ii) It obtains unbundled network elements (UNEs), | ||||||
16 | special access lines, or other leased facilities that | ||||||
17 | terminate at the end user location and provisions or | ||||||
18 | equips them as broadband. | ||||||
19 | (iii) It provisions or equips a broadband wireless | ||||||
20 | channel to the end user location over licensed or | ||||||
21 | unlicensed spectrum. | ||||||
22 | "Facilities-based Provider of Broadband Connections to | ||||||
23 | End User Locations" does not include providers of | ||||||
24 | terrestrial fixed wireless services (such as Wi-Fi and | ||||||
25 | other wireless Ethernet, or wireless local area network, | ||||||
26 | applications) that only enable local distribution and |
| |||||||
| |||||||
1 | sharing of a premises broadband facility and does not | ||||||
2 | include air-to-ground services. | ||||||
3 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
4 | (220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
| ||||||
5 | (Section scheduled to be repealed on July 1, 2010)
| ||||||
6 | Sec. 13-503. Information available to the public. With | ||||||
7 | respect to rates or other charges made, demanded or
received | ||||||
8 | for any telecommunications service offered, provided or to be
| ||||||
9 | provided, whether such service is competitive or | ||||||
10 | noncompetitive,
telecommunications carriers shall comply with | ||||||
11 | the publication and filing
provisions of Sections 9-101, 9-102, | ||||||
12 | and 9-103. Telecommunications carriers shall make all tariffs | ||||||
13 | available electronically to the public without requiring a | ||||||
14 | password or other means of registration. A telecommunications | ||||||
15 | carrier's website shall, if applicable, provide in a | ||||||
16 | conspicuous manner information on the rates, charges, terms, | ||||||
17 | and conditions of service available and a toll-free telephone | ||||||
18 | number that may be used to contact an agent for assistance with | ||||||
19 | obtaining rate or other charge information or the terms and | ||||||
20 | conditions of service.
| ||||||
21 | (Source: P.A. 84-1063 .)
| ||||||
22 | (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
| ||||||
23 | (Section scheduled to be repealed on July 1, 2010)
| ||||||
24 | Sec. 13-505. Rate changes; competitive services. (a) Any |
| |||||||
| |||||||
1 | proposed increase or decrease in rates or charges, or proposed
| ||||||
2 | change in any
classification or tariff resulting in an increase | ||||||
3 | or decrease in
rates or charges, for
a competitive | ||||||
4 | telecommunications service shall be permitted upon the filing
| ||||||
5 | of the proposed rate, charge, classification, or tariff. Notice | ||||||
6 | Prior notice of an
increase shall be given , no later than the | ||||||
7 | prior billing cycle, to
all potentially affected customers by | ||||||
8 | mail, publication in a newspaper of
general circulation, or | ||||||
9 | equivalent means of notice , including electronic if the | ||||||
10 | customer has elected electronic billing .
| ||||||
11 | (b) If a hearing is held pursuant to Section 9-250 | ||||||
12 | regarding the
reasonableness of an increase in the rates or | ||||||
13 | charges of a competitive
local exchange service, then the | ||||||
14 | telecommunications carrier providing the
service shall have | ||||||
15 | the burden of proof to establish the justness and
| ||||||
16 | reasonableness of the proposed rate or charge.
| ||||||
17 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
18 | (220 ILCS 5/13-506.2 new) | ||||||
19 | (Section scheduled to be repealed on July 1, 2010) | ||||||
20 | Sec. 13-506.2. Market regulation for competitive retail | ||||||
21 | services. | ||||||
22 | (a) Definitions. As used in this Section: | ||||||
23 | (1) "Electing Provider" means a telecommunications | ||||||
24 | carrier that is subject to either rate regulation pursuant | ||||||
25 | to Section 13-504 or Section 13-505 or alternative |
| |||||||
| |||||||
1 | regulation pursuant to Section 13-506.1 and that elects to | ||||||
2 | have the rates, terms, and conditions of its competitive | ||||||
3 | retail telecommunications services solely determined and | ||||||
4 | regulated pursuant to the terms of this Article. | ||||||
5 | (2) "Basic local exchange service" means either a | ||||||
6 | stand-alone residence network access line and per-call | ||||||
7 | usage or, for any geographic area in which such stand-alone | ||||||
8 | service is not offered, a stand-alone flat rate residence | ||||||
9 | network access line for which local calls are not charged | ||||||
10 | for frequency or duration. Extended Area Service shall be | ||||||
11 | included in basic local exchange service. | ||||||
12 | (b) Election for market regulation.
Notwithstanding any | ||||||
13 | other provision of this Act, an Electing Provider may elect to | ||||||
14 | have the rates, terms, and conditions of its competitive retail | ||||||
15 | telecommunications services solely determined and regulated | ||||||
16 | pursuant to the terms of this Section by filing written notice | ||||||
17 | of its election for market regulation with the Commission. The | ||||||
18 | notice of election shall designate the geographic area of the | ||||||
19 | Electing Provider's service territory where the market | ||||||
20 | regulation shall apply, either on a state-wide basis or in one | ||||||
21 | or more specified Market Service Areas ("MSA") or Exchange | ||||||
22 | areas. An Electing Provider shall not make an election for | ||||||
23 | market regulation under this Section unless it commits in its | ||||||
24 | written notice of election for market regulation to fulfill the | ||||||
25 | conditions and requirements in this Section in each geographic | ||||||
26 | area in which market regulation is elected. Immediately upon |
| |||||||
| |||||||
1 | filing the notice of election for market regulation, the | ||||||
2 | Electing Provider shall be subject to the jurisdiction of the | ||||||
3 | Commission to the extent expressly provided in this Section. | ||||||
4 | (c) Competitive classification. Market regulation shall | ||||||
5 | only be available for competitive retail telecommunications | ||||||
6 | services as provided in this subsection. | ||||||
7 | (1) For geographic areas in which telecommunications | ||||||
8 | services provided by the Electing Provider were classified | ||||||
9 | as competitive either through legislative action or a | ||||||
10 | tariff filing pursuant to Section 13-502 prior to January | ||||||
11 | 1, 2010, and that are included in the Electing Provider's | ||||||
12 | notice of election pursuant to subsection (b) of this | ||||||
13 | Section, such services, and all recurring and nonrecurring | ||||||
14 | charges associated with, related to or used in connection | ||||||
15 | with such services, shall be classified as competitive | ||||||
16 | without further Commission review. For services classified | ||||||
17 | as competitive pursuant to this subsection, the | ||||||
18 | requirements or conditions in any order or decision | ||||||
19 | rendered by the Commission pursuant to Section 13-502 prior | ||||||
20 | to the effective date of this amendatory Act of the 96th | ||||||
21 | General Assembly, except for the commitments made by the | ||||||
22 | Electing Provider in such order or decision concerning the | ||||||
23 | optional packages required in subsection (d) of this | ||||||
24 | Section and basic local exchange service as defined in this | ||||||
25 | Section, shall no longer be in effect and no Commission | ||||||
26 | investigation, review, or proceeding under Section 13-502 |
| |||||||
| |||||||
1 | shall be continued, conducted, or maintained with respect | ||||||
2 | to such services, charges, requirements, or conditions. | ||||||
3 | (2) For those geographic areas in which residential | ||||||
4 | local exchange telecommunications services have not been | ||||||
5 | classified as competitive as of the effective date of this | ||||||
6 | amendatory Act of the 96th General Assembly, all | ||||||
7 | telecommunications services provided to residential and | ||||||
8 | business end users by an Electing Provider in the | ||||||
9 | geographic area that is included in its notice of election | ||||||
10 | pursuant to subsection (b) shall be classified as | ||||||
11 | competitive for purposes of this Article without further | ||||||
12 | Commission review. | ||||||
13 | (3) If an Electing Provider was previously subject to | ||||||
14 | alternative regulation pursuant to Section 13-506.1 of | ||||||
15 | this Article, the alternative regulation plan shall | ||||||
16 | terminate in whole for all services subject to that plan | ||||||
17 | and be of no force or effect, without further Commission | ||||||
18 | review or action, when the Electing Provider's residential | ||||||
19 | local exchange telecommunications service in each MSA in | ||||||
20 | its telecommunications service area in the State has been | ||||||
21 | classified as competitive pursuant to either subdivision | ||||||
22 | (c)(1) or (c)(2) of this Section. | ||||||
23 | (4) The service packages described in Section 13-518 | ||||||
24 | shall be classified as competitive for purposes of this | ||||||
25 | Section if offered by an Electing Provider in a geographic | ||||||
26 | area in which local exchange telecommunications service |
| |||||||
| |||||||
1 | has been classified as competitive pursuant to either | ||||||
2 | subdivision (c)(1) or (c)(2) of this Section. | ||||||
3 | (d) Consumer choice safe harbor options. | ||||||
4 | (1) An Electing Provider in each of the MSA or Exchange | ||||||
5 | areas classified as competitive pursuant to subdivision | ||||||
6 | (c)(1) or (c)(2) of this Section shall offer to all | ||||||
7 | residential customers who choose to subscribe the | ||||||
8 | following optional packages of services priced at the same | ||||||
9 | rate levels in effect on January 1, 2010: | ||||||
10 | (A) A basic package, which shall consist of a | ||||||
11 | stand-alone residential network access line and 30 | ||||||
12 | local calls. If the Electing Provider offers a | ||||||
13 | stand-alone residential access line and local usage on | ||||||
14 | a per call basis, the price for the basic package shall | ||||||
15 | be the Electing Provider's applicable price in effect | ||||||
16 | on January 1, 2010 for the sum of a residential access | ||||||
17 | line and 30 local calls, additional calls over 30 calls | ||||||
18 | shall be provided at the current per call rate. | ||||||
19 | However, this basic package is not required if | ||||||
20 | stand-alone residential network access lines or | ||||||
21 | per-call local usage are not offered by the Electing | ||||||
22 | Provider in the geographic area on January 1, 2010 or | ||||||
23 | if the Electing Provider has not increased its | ||||||
24 | stand-alone network access line and local usage rates, | ||||||
25 | including Extended Area Service rates, since January | ||||||
26 | 1, 2010. |
| |||||||
| |||||||
1 | (B) An extra package, which shall consist of | ||||||
2 | residential basic local exchange network access line | ||||||
3 | and unlimited local calls. The price for the extra | ||||||
4 | package shall be the Electing Provider's applicable | ||||||
5 | price in effect on January 1, 2010 for a residential | ||||||
6 | access line with unlimited local calls. | ||||||
7 | (C) A plus package, which shall consist of | ||||||
8 | residential basic local exchange network access line, | ||||||
9 | unlimited local calls, and the customer's choice of 2 | ||||||
10 | vertical services offered by the Electing Provider. | ||||||
11 | The term "vertical services" as used in this | ||||||
12 | subsection, includes, but is not limited to, call | ||||||
13 | waiting, call forwarding, 3-way calling, caller ID, | ||||||
14 | call tracing, automatic callback, repeat dialing, and | ||||||
15 | voicemail. The price for the plus package shall be the | ||||||
16 | Electing Provider's applicable price in effect on | ||||||
17 | January 1, 2010 for the sum of a residential access | ||||||
18 | line with unlimited local calls and 2 times the average | ||||||
19 | price for the vertical features included in the | ||||||
20 | package. | ||||||
21 | (2) For those geographic areas in which local exchange | ||||||
22 | telecommunications services were classified as competitive | ||||||
23 | on the effective date of this amendatory Act of the 96th | ||||||
24 | General Assembly, an Electing Provider in each such MSA or | ||||||
25 | Exchange area shall be subject to the same terms and | ||||||
26 | conditions as provided in commitments made by the Electing |
| |||||||
| |||||||
1 | Provider in connection with such previous competitive | ||||||
2 | classifications, which shall apply with equal force under | ||||||
3 | this Section, except as follows: (i) the limits on price | ||||||
4 | increases on the optional packages required by this Section | ||||||
5 | shall be extended consistent with subsection (d)(1) of this | ||||||
6 | Section and (ii) the price for the extra package required | ||||||
7 | by subsection (d)(1)(B) shall be reduced by one dollar from | ||||||
8 | the price in effect on January 1, 2010. In addition, if an | ||||||
9 | Electing Provider obtains a competitive classification | ||||||
10 | pursuant to subsection (c)(1) and (c)(2), the price for the | ||||||
11 | optional packages shall be determined in such area in | ||||||
12 | compliance with subsection (d)(1), except the price for the | ||||||
13 | plus package required by subsection (d)(1) (C) shall be the | ||||||
14 | lower of the price for such area or the price of the plus | ||||||
15 | package in effect on January 1, 2010 for areas classified | ||||||
16 | as competitive pursuant to subsection (c)(1). | ||||||
17 | (3) To the extent that the requirements in Section | ||||||
18 | 13-518 applied to a telecommunications carrier prior to the | ||||||
19 | effective date of this Section and that telecommunications | ||||||
20 | carrier becomes an Electing Provider in accordance with the | ||||||
21 | provisions of this Section, the requirements in Section | ||||||
22 | 13-518 shall cease to apply to that Electing Provider in | ||||||
23 | those geographic areas included in the Electing Provider's | ||||||
24 | notice of election pursuant to subsection (b) of this | ||||||
25 | Section. | ||||||
26 | (4) An Electing Provider shall make the optional |
| |||||||
| |||||||
1 | packages required by this subsection and stand-alone | ||||||
2 | residential network access lines and local usage, where | ||||||
3 | offered, readily available to the public by providing | ||||||
4 | information, in a clear manner, to residential customers. | ||||||
5 | Information shall be made available on a website, and an | ||||||
6 | Electing Provider shall provide notification to its | ||||||
7 | customers every 6 months, provided that notification may | ||||||
8 | consist of a bill page message that provides an objective | ||||||
9 | description of the safe harbor options that includes a | ||||||
10 | telephone number and website address where the customer may | ||||||
11 | obtain additional information about the packages from the | ||||||
12 | Electing Provider. The optional packages shall be offered | ||||||
13 | on a monthly basis with no term of service requirement. An | ||||||
14 | Electing Provider shall allow online electronic ordering | ||||||
15 | of the optional packages and stand-alone residential | ||||||
16 | network access lines and local usage, where offered, on its | ||||||
17 | website in a manner similar to the online electronic | ||||||
18 | ordering of its other residential services. | ||||||
19 | (5) An Electing Provider shall comply with the | ||||||
20 | Commission's existing rules, regulations, and notices in | ||||||
21 | Title 83, Part 735 of the Illinois Administrative Code when | ||||||
22 | offering or providing the optional packages required by | ||||||
23 | this subsection (d) and stand-alone residential network | ||||||
24 | access lines. | ||||||
25 | (6) An Electing Provider shall provide to the | ||||||
26 | Commission semi-annual subscribership reports as of June |
| |||||||
| |||||||
1 | 30 and December 31 that contain the number of its customers | ||||||
2 | subscribing to each of the consumer choice safe harbor | ||||||
3 | packages required by subsection (d)(1) of this Section and | ||||||
4 | the number of its customers subscribing to retail | ||||||
5 | residential basic local exchange service as defined in | ||||||
6 | subsection (a)(2) of this Section. The first semi-annual | ||||||
7 | reports shall be made on April 1, 2011 for December 31, | ||||||
8 | 2010, and on September 1, 2011 for June 30, 2011, and | ||||||
9 | semi-annually on April 1 and September 1 thereafter. Such | ||||||
10 | subscribership information shall be accorded confidential | ||||||
11 | and proprietary treatment upon request by the Electing | ||||||
12 | Provider. | ||||||
13 | (7) The Commission shall have the power, after notice | ||||||
14 | and hearing as provided in this Article, upon complaint or | ||||||
15 | upon its own motion, to take corrective action if the | ||||||
16 | requirements of this Section are not complied with by an | ||||||
17 | Electing Provider. | ||||||
18 | (e) Service quality and customer credits for basic local | ||||||
19 | exchange service. | ||||||
20 | (1) An Electing Provider shall meet the following | ||||||
21 | service quality standards in providing basic local | ||||||
22 | exchange service, which for purposes of this subsection | ||||||
23 | (e), includes both basic local exchange service and the | ||||||
24 | consumer choice safe harbor options required by subsection | ||||||
25 | (d) of this Section. | ||||||
26 | (A) Install basic local exchange service within 5 |
| |||||||
| |||||||
1 | business days after receipt of an order from the | ||||||
2 | customer unless the customer requests an installation | ||||||
3 | date that is beyond 5 business days after placing the | ||||||
4 | order for basic service and to inform the customer of | ||||||
5 | the Electing Provider's duty to install service within | ||||||
6 | this timeframe. If installation of service is | ||||||
7 | requested on or by a date more than 5 business days in | ||||||
8 | the future, the Electing Provider shall install | ||||||
9 | service by the date requested. | ||||||
10 | (B) Restore basic local exchange service for the | ||||||
11 | customer within 30 hours after receiving notice that | ||||||
12 | the customer is out of service. | ||||||
13 | (C) Keep all repair and installation appointments | ||||||
14 | for basic local exchange service if a customer premises | ||||||
15 | visit requires a customer to be present. The | ||||||
16 | appointment window shall be either a specific time or, | ||||||
17 | at a maximum, a 4-hour time block during evening, | ||||||
18 | weekend, and normal business hours. | ||||||
19 | (D) Inform a customer when a repair or installation | ||||||
20 | appointment requires the customer to be present. | ||||||
21 | (2) Customers shall be credited by the Electing | ||||||
22 | Provider for violations of basic local exchange service | ||||||
23 | quality standards described in subdivision (e)(1) of this | ||||||
24 | Section. The credits shall be applied automatically on the | ||||||
25 | statement issued to the customer for the next monthly | ||||||
26 | billing cycle following the violation or following the |
| |||||||
| |||||||
1 | discovery of the violation. The next monthly billing cycle | ||||||
2 | following the violation or the discovery of the violation | ||||||
3 | means the billing cycle immediately following the billing | ||||||
4 | cycle in process at the time of the violation or discovery | ||||||
5 | of the violation, provided the total time between the | ||||||
6 | violation or discovery of the violation and the issuance of | ||||||
7 | the credit shall not exceed 60 calendar days. The Electing | ||||||
8 | Provider is responsible for providing the credits and the | ||||||
9 | customer is under no obligation to request such credits. | ||||||
10 | The following credits shall apply: | ||||||
11 | (A) If an Electing Provider fails to repair an | ||||||
12 | out-of-service condition for basic local exchange | ||||||
13 | service within 30 hours, the Electing Provider shall | ||||||
14 | provide a credit to the customer. If the service | ||||||
15 | disruption is for more than 30 hours, but not more than | ||||||
16 | 48 hours, the credit must be equal to a pro-rata | ||||||
17 | portion of the monthly recurring charges for all basic | ||||||
18 | local exchange services disrupted. If the service | ||||||
19 | disruption is for more than 48 hours, but not more than | ||||||
20 | 72 hours, the credit must be equal to at least 33% of | ||||||
21 | one month's recurring charges for all local services | ||||||
22 | disrupted. If the service disruption is for more than | ||||||
23 | 72 hours, but not more than 96 hours, the credit must | ||||||
24 | be equal to at least 67% of one month's recurring | ||||||
25 | charges for all basic local exchange services | ||||||
26 | disrupted. If the service disruption is for more than |
| |||||||
| |||||||
1 | 96 hours, but not more than 120 hours, the credit must | ||||||
2 | be equal to one month's recurring charges for all basic | ||||||
3 | local exchange services disrupted. For each day or | ||||||
4 | portion thereof that the service disruption continues | ||||||
5 | beyond the initial 120-hour period, the Electing | ||||||
6 | Provider shall also provide an additional credit of $20 | ||||||
7 | per calendar day. | ||||||
8 | (B) If an Electing Provider fails to install basic | ||||||
9 | local exchange service as required under subdivision | ||||||
10 | (e)(1) of this Section, the Electing Provider shall | ||||||
11 | waive 50% of any installation charges, or in the | ||||||
12 | absence of an installation charge or where | ||||||
13 | installation is pursuant to the Link Up program, the | ||||||
14 | Electing Provider shall provide a credit of $25. If an | ||||||
15 | Electing Provider fails to install service within 10 | ||||||
16 | business days after the service application is placed, | ||||||
17 | or fails to install service within 5 business days | ||||||
18 | after the customer's requested installation date, if | ||||||
19 | the requested date was more than 5 business days after | ||||||
20 | the date of the order, the Electing Provider shall | ||||||
21 | waive 100% of the installation charge, or in the | ||||||
22 | absence of an installation charge or where | ||||||
23 | installation is provided pursuant to the Link Up | ||||||
24 | program, the Electing Provider shall provide a credit | ||||||
25 | of $50. For each day that the failure to install | ||||||
26 | service continues beyond the initial 10 business days, |
| |||||||
| |||||||
1 | or beyond 5 business days after the customer's | ||||||
2 | requested installation date, if the requested date was | ||||||
3 | more than 5 business days after the date of the order, | ||||||
4 | the Electing Provider shall also provide an additional | ||||||
5 | credit of $20 per calendar day until the basic local | ||||||
6 | exchange service is installed. | ||||||
7 | (C) If an Electing Provider fails to keep a | ||||||
8 | scheduled repair or installation appointment when a | ||||||
9 | customer premises visit requires a customer to be | ||||||
10 | present as required under subdivision (e)(1) of this | ||||||
11 | Section, the Electing Provider shall credit the | ||||||
12 | customer $25 per missed appointment. A credit required | ||||||
13 | by this subdivision does not apply when the Electing | ||||||
14 | Provider provides the customer notice of its inability | ||||||
15 | to keep the appointment no later than 8:00 pm of the | ||||||
16 | day prior to the scheduled date of the appointment. | ||||||
17 | (D) Credits required by this subsection do not | ||||||
18 | apply if the violation of a service quality standard: | ||||||
19 | (i) occurs as a result of a negligent or | ||||||
20 | willful act on the part of the customer; | ||||||
21 | (ii) occurs as a result of a malfunction of | ||||||
22 | customer-owned telephone equipment or inside | ||||||
23 | wiring; | ||||||
24 | (iii) occurs as a result of, or is extended by, | ||||||
25 | an emergency situation as defined in 83 Ill. Adm. | ||||||
26 | Code 732.10; |
| |||||||
| |||||||
1 | (iv) is extended by the Electing Provider's | ||||||
2 | inability to gain access to the customer's | ||||||
3 | premises due to the customer missing an | ||||||
4 | appointment, provided that the violation is not | ||||||
5 | further extended by the Electing Provider; | ||||||
6 | (v) occurs as a result of a customer request to | ||||||
7 | change the scheduled appointment, provided that | ||||||
8 | the violation is not further extended by the | ||||||
9 | Electing Provider; | ||||||
10 | (vi) occurs as a result of an Electing | ||||||
11 | Provider's right to refuse service to a customer as | ||||||
12 | provided in Commission rules; or | ||||||
13 | (vii) occurs as a result of a lack of | ||||||
14 | facilities where a customer requests service at a | ||||||
15 | geographically remote location, where a customer | ||||||
16 | requests service in a geographic area where the | ||||||
17 | Electing Provider is not currently offering | ||||||
18 | service, or where there are insufficient | ||||||
19 | facilities to meet the customer's request for | ||||||
20 | service, subject to an Electing Provider's | ||||||
21 | obligation for reasonable facilities planning. | ||||||
22 | (3) Each Electing Provider shall provide to the | ||||||
23 | Commission on a quarterly basis and in a form suitable for | ||||||
24 | posting on the Commission's website in conformance with the | ||||||
25 | rules adopted by the Commission and in effect on April 1, | ||||||
26 | 2010, a public report that includes the following data for |
| |||||||
| |||||||
1 | basic local exchange service quality of service: | ||||||
2 | (A) With regard to credits due in accordance with | ||||||
3 | subdivision (e)(2)(A) as a result of out-of-service | ||||||
4 | conditions lasting more than 30 hours: | ||||||
5 | (i) the total dollar amount of any customer | ||||||
6 | credits paid; | ||||||
7 | (ii) the number of credits issued for repairs | ||||||
8 | between 30 and 48 hours; | ||||||
9 | (iii) the number of credits issued for repairs | ||||||
10 | between 49 and 72 hours; | ||||||
11 | (iv) the number of credits issued for repairs | ||||||
12 | between 73 and 96 hours; | ||||||
13 | (v) the number of credits used for repairs | ||||||
14 | between 97 and 120 hours; | ||||||
15 | (vi) the number of credits issued for repairs | ||||||
16 | greater than 120 hours; and | ||||||
17 | (vii) the number of exemptions claimed for | ||||||
18 | each of the categories identified in subdivision | ||||||
19 | (e)(2)(D). | ||||||
20 | (B) With regard to credits due in accordance with | ||||||
21 | subdivision (e)(2)(B) as a result of failure to install | ||||||
22 | basic local exchange service: | ||||||
23 | (i) the total dollar amount of any customer | ||||||
24 | credits paid; | ||||||
25 | (ii) the number of installations after 5 | ||||||
26 | business days; |
| |||||||
| |||||||
1 | (iii) the number of installations after 10 | ||||||
2 | business days; | ||||||
3 | (iv) the number of installations after 11 | ||||||
4 | business days; and | ||||||
5 | (v) the number of exemptions claimed for each | ||||||
6 | of the categories identified in subdivision | ||||||
7 | (e)(2)(D). | ||||||
8 | (C) With regard to credits due in accordance with | ||||||
9 | subdivision (e)(2)(C) as a result of missed | ||||||
10 | appointments: | ||||||
11 | (i) the total dollar amount of any customer | ||||||
12 | credits paid; | ||||||
13 | (ii) the number of any customers receiving | ||||||
14 | credits; and | ||||||
15 | (iii) the number of exemptions claimed for | ||||||
16 | each of the categories identified in subdivision | ||||||
17 | (e)(2)(D). | ||||||
18 | (D) The Electing Provider's annual report required | ||||||
19 | by this subsection shall also include, for | ||||||
20 | informational reporting, the performance data | ||||||
21 | described in subdivisions (e)(2)(A), (e)(2)(B), and | ||||||
22 | (e)(2)(C), and trouble reports per 100 access lines | ||||||
23 | calculated using the Commission's existing applicable | ||||||
24 | rules and regulations for such measures, including the | ||||||
25 | requirements for service standards established in this | ||||||
26 | Section. |
| |||||||
| |||||||
1 | (4) It is the intent of the General Assembly that the | ||||||
2 | service quality rules and customer credits in this | ||||||
3 | subsection (e) of this Section and other enforcement | ||||||
4 | mechanisms, including fines and penalties authorized by | ||||||
5 | Section 13-305, shall apply on a nondiscriminatory basis to | ||||||
6 | all Electing Providers. Accordingly, notwithstanding any | ||||||
7 | provision of any service quality rules promulgated by the | ||||||
8 | Commission, any alternative regulation plan adopted by the | ||||||
9 | Commission, or any other order of the Commission, any | ||||||
10 | Electing Provider that is subject to any other order of the | ||||||
11 | Commission and that violates or fails to comply with the | ||||||
12 | service quality standards promulgated pursuant to this | ||||||
13 | subsection (e) or any other order of the Commission shall | ||||||
14 | not be subject to any fines, penalties, customer credits, | ||||||
15 | or enforcement mechanisms other than such fines or | ||||||
16 | penalties or customer credits as may be imposed by the | ||||||
17 | Commission in accordance with the provisions of this | ||||||
18 | subsection (e) and Section 13-305, which are to be | ||||||
19 | generally applicable to all Electing Providers. The amount | ||||||
20 | of any fines or penalties imposed by the Commission for | ||||||
21 | failure to comply with the requirements of this subsection | ||||||
22 | (e) shall be an appropriate amount, taking into account, at | ||||||
23 | a minimum, the Electing Provider's gross annual intrastate | ||||||
24 | revenue; the frequency, duration, and recurrence of the | ||||||
25 | violation; and the relative harm caused to the affected | ||||||
26 | customers or other users of the network. In imposing fines |
| |||||||
| |||||||
1 | and penalties, the Commission shall take into account | ||||||
2 | compensation or credits paid by the Electing Provider to | ||||||
3 | its customers pursuant to this subsection (e) in | ||||||
4 | compensation for any violation found pursuant to this | ||||||
5 | subsection (e), and in any event the fine or penalty shall | ||||||
6 | not exceed an amount equal to the maximum amount of a civil | ||||||
7 | penalty that may be imposed under Section 13-305. | ||||||
8 | (f) Commission jurisdiction upon election for market | ||||||
9 | regulation. Except as otherwise expressly stated in this | ||||||
10 | Section, the Commission shall thereafter have no jurisdiction | ||||||
11 | or authority over any aspect of competitive retail | ||||||
12 | telecommunications service of an Electing Provider in those | ||||||
13 | geographic areas included in the Electing Provider's notice of | ||||||
14 | election pursuant to subsection (b) of this Section, heretofore | ||||||
15 | subject to the jurisdiction of the Commission, including but | ||||||
16 | not limited to, any requirements of this Article related to the | ||||||
17 | terms, conditions, rates, quality of service, availability, | ||||||
18 | classification or any other aspect of any of the Electing | ||||||
19 | Provider's competitive retail telecommunications services. No | ||||||
20 | Electing Provider shall commit any unfair or deceptive act or | ||||||
21 | practice in connection with any aspect of the offering or | ||||||
22 | provision of any competitive retail telecommunications | ||||||
23 | service. Nothing in this Article shall limit or affect any | ||||||
24 | provisions in the Consumer Fraud and Deceptive Business | ||||||
25 | Practices Act with respect to any unfair or deceptive act or | ||||||
26 | practice by an Electing Provider. |
| |||||||
| |||||||
1 | (g) Commission authority over access services upon | ||||||
2 | election for market regulation. | ||||||
3 | (1) As part of its Notice of Election for Market | ||||||
4 | Regulation, the Electing Provider shall reduce its | ||||||
5 | intrastate switched access rates to rates no higher than | ||||||
6 | its interstate switched access rates in 4 installments. The | ||||||
7 | first reduction must be made 30 days after submission of | ||||||
8 | its complete application for Notice of Election for Market | ||||||
9 | Regulation, and the Electing Provider must reduce its | ||||||
10 | intrastate switched access rates by an amount equal to 33% | ||||||
11 | of the difference between its current intrastate switched | ||||||
12 | access rates and its current interstate switched access | ||||||
13 | rates. The second reduction must be made no later than one | ||||||
14 | year after the first reduction, and the Electing Provider | ||||||
15 | must reduce its then current intrastate switched access | ||||||
16 | rates by an amount equal to 41% of the difference between | ||||||
17 | its then current intrastate switched access rates and its | ||||||
18 | then current interstate switched access rates. The third | ||||||
19 | reduction must be made no later than one year after the | ||||||
20 | second reduction, and the Electing Provider must reduce its | ||||||
21 | then current intrastate switched access rates by an amount | ||||||
22 | equal to 50% of the difference between its then current | ||||||
23 | intrastate switched access rate and its then current | ||||||
24 | interstate switched access rates. The fourth reduction | ||||||
25 | must be made on or before June 30, 2013, and the Electing | ||||||
26 | Provider must reduce its intrastate switched access rate to |
| |||||||
| |||||||
1 | mirror its then current interstate switched access rates | ||||||
2 | and rate structure. Following the fourth reduction, each | ||||||
3 | Electing Provider must continue to set its intrastate | ||||||
4 | switched access rates to mirror its interstate switched | ||||||
5 | access rates and rate structure. For purposes of this | ||||||
6 | subsection, the rate for intrastate switched access | ||||||
7 | service means the composite, per-minute rate for that | ||||||
8 | service, including all applicable fixed and | ||||||
9 | traffic-sensitive charges, including, but not limited to, | ||||||
10 | carrier common line charges. | ||||||
11 | (2) Nothing in paragraph (1) of this subsection (g) | ||||||
12 | prohibits an Electing Provider from electing to offer | ||||||
13 | intrastate switched access service at rates lower than its | ||||||
14 | interstate switched access rates. | ||||||
15 | (3) The Commission shall have no authority to order an | ||||||
16 | Electing Provider to set its rates for intrastate switched | ||||||
17 | access at a level lower than its interstate switched access | ||||||
18 | rates. | ||||||
19 | (4) The Commission's authority under this subsection | ||||||
20 | (g) shall only apply to Electing Providers under Market | ||||||
21 | Regulation. The Commission's authority over switched | ||||||
22 | access services for all other carriers is retained under | ||||||
23 | Section 13-900.2 of this Act. | ||||||
24 | (h) Safety of service equipment and facilities. | ||||||
25 | (1) An Electing Provider shall furnish, provide, and | ||||||
26 | maintain such service instrumentalities, equipment, and |
| |||||||
| |||||||
1 | facilities as shall promote the safety, health, comfort, | ||||||
2 | and convenience of its patrons, employees, and public and | ||||||
3 | as shall be in all respects adequate, reliable, and | ||||||
4 | efficient without discrimination or delay. Every Electing | ||||||
5 | Provider shall provide service and facilities that are in | ||||||
6 | all respects environmentally safe. | ||||||
7 | (2) The Commission is authorized to conduct an | ||||||
8 | investigation of any Electing Provider or part thereof. The | ||||||
9 | investigation may examine the reasonableness, prudence, or | ||||||
10 | efficiency of any aspect of the Electing Provider's | ||||||
11 | operations or functions that may affect the adequacy, | ||||||
12 | safety, efficiency, or reliability of telecommunications | ||||||
13 | service. The Commission may conduct or order an | ||||||
14 | investigation only when it has reasonable grounds to | ||||||
15 | believe that the investigation is necessary to assure that | ||||||
16 | the Electing Provider is providing adequate, efficient, | ||||||
17 | reliable, and safe service. The Commission shall, before | ||||||
18 | initiating any such investigation, issue an order | ||||||
19 | describing the grounds for the investigation and the | ||||||
20 | appropriate scope and nature of the investigation, which | ||||||
21 | shall be reasonably related to the grounds relied upon by | ||||||
22 | the Commission in its order. | ||||||
23 | (i) Tariffs. No Electing Provider shall offer or provide | ||||||
24 | telecommunications service unless and until a tariff is filed | ||||||
25 | with the Commission that describes the nature of the service, | ||||||
26 | applicable rates and other charges, terms, and conditions of |
| |||||||
| |||||||
1 | service and the exchange, exchanges, or other geographical area | ||||||
2 | or areas in which the service shall be offered or provided. The | ||||||
3 | Commission may prescribe the form of such tariff and any | ||||||
4 | additional data or information that shall be included in the | ||||||
5 | form. Revenue from retail competitive services received from an | ||||||
6 | Electing Provider pursuant to such tariffs shall be gross | ||||||
7 | revenue for purposes of Section 2-202 of this Act. | ||||||
8 | (j) Application of Article VII. The provisions of Sections | ||||||
9 | 7-101, 7-102, 7-103, 7-104, 7-204, 7-205, and 7-206 of this Act | ||||||
10 | are applicable to an Electing Provider offering or providing | ||||||
11 | retail telecommunications service, and the Commission's | ||||||
12 | regulation thereof, except that (1) the approval of contracts | ||||||
13 | and arrangements with affiliated interests required by | ||||||
14 | paragraph (3) of Section 7-101 shall not apply to such | ||||||
15 | telecommunications carriers provided that, except as provided | ||||||
16 | in item (2), those contracts and arrangements shall be filed | ||||||
17 | with the Commission; (2) affiliated interest contracts or | ||||||
18 | arrangements entered into by such telecommunications carriers | ||||||
19 | where the increased obligation thereunder does not exceed the | ||||||
20 | lesser of $5,000,000 or 5% of such carrier's prior annual | ||||||
21 | revenue from noncompetitive services are not required to be | ||||||
22 | filed with the Commission; and (3) any consent and approval of | ||||||
23 | the Commission required by Section 7-102 is not required for | ||||||
24 | the sale, lease, assignment, or transfer by any Electing | ||||||
25 | Provider of any real property that is not necessary or useful | ||||||
26 | in the performance of its duties to the public. |
| |||||||
| |||||||
1 | (k) Notwithstanding other provisions of this Section, the | ||||||
2 | Commission retains its existing authority to enforce the | ||||||
3 | provisions, conditions, and requirements of the following | ||||||
4 | Sections of this Article: 13-101, 13-103, 13-201, 13-301, | ||||||
5 | 13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, | ||||||
6 | 13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, | ||||||
7 | 13-404.2, 13-405, 13-406, 13-501.5, 13-505, 13-509, 13-510, | ||||||
8 | 13-512, 13-513, 13-514, 13-515, 13-516, 13-519, 13-702, | ||||||
9 | 13-703, 13-704, 13-705, 13-706, 13-707, 13-709, 13-713, | ||||||
10 | 13-801, 13-804, 13-900, 13-900.1, 13-900.2, 13-901, 13-902, | ||||||
11 | and 13-903, which are fully and equally applicable to Electing | ||||||
12 | Providers subject to the provisions of this Section. On the | ||||||
13 | effective date of this amendatory Act of the 96th General | ||||||
14 | Assembly, the following Sections of this Article shall cease to | ||||||
15 | apply to Electing Providers: 13-302, 13-405.1, 13-501, 13-502, | ||||||
16 | 13-502.5, 13-503, 13-504, 13-505.2, 13-505.3, 13-505.4, | ||||||
17 | 13-505.5, 13-505.6, 13-506.1, 13-507, 13-507.1, 13-508, | ||||||
18 | 13-508.1, 13-517, 13-518, 13-601, 13-701, and 13-712.
| ||||||
19 | (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
| ||||||
20 | (Section scheduled to be repealed on July 1, 2010)
| ||||||
21 | Sec. 13-509.
Agreements for provisions of competitive | ||||||
22 | telecommunications
services differing from tariffs. A | ||||||
23 | telecommunications carrier may negotiate
with customers or
| ||||||
24 | prospective customers to provide competitive | ||||||
25 | telecommunications service, and in
so
doing, may offer or agree |
| |||||||
| |||||||
1 | to provide such service on such terms and for
such rates or | ||||||
2 | charges as are reasonable, without regard to any
tariffs
it may | ||||||
3 | have filed with the Commission with respect to
such services. | ||||||
4 | Upon request of the Commission Within 30 days after executing | ||||||
5 | any such agreement ,
the telecommunications carrier shall | ||||||
6 | submit to the Commission written
notice of a list of any such | ||||||
7 | agreements (which list may be filed
electronically) within the | ||||||
8 | past year . The notice shall identify the general nature
of all | ||||||
9 | such agreements , the parties to each agreement, and a general
| ||||||
10 | description of
differences between each agreement and the | ||||||
11 | related tariff . A copy of each such
agreement and any cost | ||||||
12 | support required to be filed with the agreement by some
other | ||||||
13 | Section of this Act shall be provided to the Commission
within | ||||||
14 | 10 business days after a request for review of the agreement is | ||||||
15 | made by
the Commission or is made to the Commission
by another | ||||||
16 | telecommunications carrier or by a party to such agreement .
| ||||||
17 | Upon submitting notice to the Commission of any such agreement, | ||||||
18 | the
telecommunications carrier shall thereafter provide | ||||||
19 | service according to the
terms thereof, unless the Commission | ||||||
20 | finds, after notice and hearing, that
the continued provision | ||||||
21 | of service pursuant to such agreement
would substantially and | ||||||
22 | adversely affect the financial integrity of the
| ||||||
23 | telecommunications carrier or would violate any other
| ||||||
24 | provision of this Act.
| ||||||
25 | Any agreement or notice entered into or submitted pursuant | ||||||
26 | to the
provisions of this Section may, in the Commission's |
| |||||||
| |||||||
1 | discretion, be accorded
proprietary treatment.
| ||||||
2 | (Source: P.A. 92-22, eff. 6-30-01; 93-245, eff. 7-22-03 .)
| ||||||
3 | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| ||||||
4 | (Section scheduled to be repealed on July 1, 2010)
| ||||||
5 | Sec. 13-703.
(a) The Commission shall design and implement | ||||||
6 | a program
whereby each telecommunications carrier providing | ||||||
7 | local exchange service
shall provide a telecommunications | ||||||
8 | device capable of servicing the needs of
those persons with a | ||||||
9 | hearing or speech disability together with a
single party line, | ||||||
10 | at no charge additional to the basic exchange rate, to
any | ||||||
11 | subscriber who is certified as having a hearing or speech | ||||||
12 | disability by a
licensed physician, speech-language | ||||||
13 | pathologist, audiologist or a qualified
State agency and to any | ||||||
14 | subscriber which is an organization serving the needs
of those | ||||||
15 | persons with a hearing or speech disability as determined and
| ||||||
16 | specified by the Commission pursuant to subsection (d).
| ||||||
17 | (b) The Commission shall design and implement a program, | ||||||
18 | whereby each
telecommunications carrier providing local | ||||||
19 | exchange service shall provide a
telecommunications relay | ||||||
20 | system, using third party intervention to connect
those persons | ||||||
21 | having a hearing or speech disability with persons of normal
| ||||||
22 | hearing by way of intercommunications devices and the telephone | ||||||
23 | system, making
available reasonable access to all phases of | ||||||
24 | public telephone service to
persons who have a hearing or | ||||||
25 | speech disability. In order to design a
telecommunications |
| |||||||
| |||||||
1 | relay system which will meet the requirements of those
persons | ||||||
2 | with a hearing or speech disability available at a reasonable | ||||||
3 | cost, the
Commission shall initiate an investigation and | ||||||
4 | conduct public hearings to
determine the most cost-effective | ||||||
5 | method of providing telecommunications relay
service to those | ||||||
6 | persons who have a hearing or speech disability when using
| ||||||
7 | telecommunications devices and therein solicit the advice, | ||||||
8 | counsel, and
physical assistance of Statewide nonprofit | ||||||
9 | consumer organizations that serve
persons with hearing or | ||||||
10 | speech disabilities in such hearings and during the
development | ||||||
11 | and implementation of the system. The Commission shall phase
in | ||||||
12 | this program, on a geographical basis, as soon as is | ||||||
13 | practicable, but
no later than June 30, 1990.
| ||||||
14 | (c) The Commission shall establish a rate recovery | ||||||
15 | mechanism,
authorizing charges in an amount to be determined by | ||||||
16 | the Commission
for each line of a subscriber to allow | ||||||
17 | telecommunications carriers
providing local exchange service | ||||||
18 | to recover costs as they are incurred
under this Section.
| ||||||
19 | (d) The Commission shall determine and specify those | ||||||
20 | organizations serving
the needs of those persons having a | ||||||
21 | hearing or speech disability that shall
receive a | ||||||
22 | telecommunications device and in which offices the equipment | ||||||
23 | shall be
installed in the case of an organization having more | ||||||
24 | than one office. For the
purposes of this Section, | ||||||
25 | "organizations serving the needs of those persons
with hearing | ||||||
26 | or speech disabilities" means centers for independent living as
|
| |||||||
| |||||||
1 | described in Section 12a of the Disabled Persons Rehabilitation | ||||||
2 | Act and
not-for-profit organizations whose primary purpose is | ||||||
3 | serving the needs of
those persons with hearing or speech | ||||||
4 | disabilities. The Commission shall direct
the | ||||||
5 | telecommunications carriers subject to its jurisdiction and | ||||||
6 | this
Section to comply with its determinations and | ||||||
7 | specifications in this regard.
| ||||||
8 | (e) As used in this Section, the phrase "telecommunications | ||||||
9 | carrier
providing local exchange service" includes, without | ||||||
10 | otherwise limiting the
meaning of the term, telecommunications | ||||||
11 | carriers which are purely mutual
concerns, having no rates or | ||||||
12 | charges for services, but paying the operating
expenses by | ||||||
13 | assessment upon the members of such a company and no other
| ||||||
14 | person.
| ||||||
15 | (f) Interconnected VoIP service providers in Illinois | ||||||
16 | shall collect and remit assessments determined in accordance | ||||||
17 | with this Section in a competitively neutral manner in the same | ||||||
18 | manner as a telecommunications carrier providing local | ||||||
19 | exchange service. Interconnected VoIP services shall not be | ||||||
20 | considered an intrastate telecommunications service for the | ||||||
21 | purposes of this Section in a manner inconsistent with federal | ||||||
22 | law or Federal Communications Commission regulation. | ||||||
23 | (g) The provisions of this Section are severable under | ||||||
24 | Section 1.31 of the Statute on Statutes. | ||||||
25 | (Source: P.A. 88-497 .)
|
| |||||||
| |||||||
1 | (220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
| ||||||
2 | (Section scheduled to be repealed on July 1, 2010)
| ||||||
3 | Sec. 13-704.
Each page of a billing statement which sets | ||||||
4 | forth charges
assessed against a customer by a | ||||||
5 | telecommunications carrier for
telecommunications service | ||||||
6 | shall reflect the telephone number or customer
account number | ||||||
7 | to which the charges are being billed. If a telecommunications | ||||||
8 | carrier offers electronic billing, customers may elect to have | ||||||
9 | their bills sent electronically. Such bills shall be | ||||||
10 | transmitted with instructions for payment. Information sent | ||||||
11 | electronically shall be deemed to satisfy any requirement in | ||||||
12 | this Section that such information be printed or written on a | ||||||
13 | customer bill. Bills may be paid electronically or by the use | ||||||
14 | of a customer-preferred financially accredited credit or debit | ||||||
15 | methodology. The billing statement
shall also contain a | ||||||
16 | separate bill identifying the amount charged as an
| ||||||
17 | infrastructure maintenance fee.
| ||||||
18 | (Source: P.A. 90-154, eff. 1-1-98 .)
| ||||||
19 | (220 ILCS 5/13-712)
| ||||||
20 | (Section scheduled to be repealed on July 1, 2010)
| ||||||
21 | Sec. 13-712. Basic local exchange service quality; | ||||||
22 | customer credits.
| ||||||
23 | (a) It is the intent of the General Assembly that every | ||||||
24 | telecommunications
carrier meet
minimum service quality | ||||||
25 | standards in providing basic local exchange service on
a |
| |||||||
| |||||||
1 | non-discriminatory basis to all classes of customers.
| ||||||
2 | (b) Definitions:
| ||||||
3 | (1) (Blank) "Alternative telephone service" means, | ||||||
4 | except where technically
impracticable, a
wireless | ||||||
5 | telephone capable of making local calls, and may also | ||||||
6 | include, but is
not
limited to, call forwarding, voice | ||||||
7 | mail, or paging services .
| ||||||
8 | (2) "Basic local exchange service" means residential | ||||||
9 | and business lines
used
for local
exchange | ||||||
10 | telecommunications service as defined in Section 13-204 of | ||||||
11 | this Act,
excluding:
| ||||||
12 | (A) services that employ advanced | ||||||
13 | telecommunications capability as
defined
in Section | ||||||
14 | 706(c)(1) of the federal Telecommunications Act of | ||||||
15 | 1996;
| ||||||
16 | (B) vertical services;
| ||||||
17 | (C) company official lines; and
| ||||||
18 | (D) records work only.
| ||||||
19 | (3) "Link Up" refers to the Link Up Assistance program | ||||||
20 | defined and
established
at 47
C.F.R. Section 54.411 et seq. | ||||||
21 | as amended.
| ||||||
22 | (c) The Commission shall promulgate service quality rules
| ||||||
23 | for basic local exchange service, which may include fines, | ||||||
24 | penalties, customer
credits, and other enforcement mechanisms. | ||||||
25 | In developing such service quality
rules, the Commission shall | ||||||
26 | consider, at a minimum, the carrier's gross annual
intrastate |
| |||||||
| |||||||
1 | revenue; the frequency, duration, and recurrence of the | ||||||
2 | violation;
and the relative harm caused to the affected | ||||||
3 | customer or other users of the
network. In imposing fines, the | ||||||
4 | Commission shall take into account
compensation or credits paid | ||||||
5 | by the telecommunications carrier to its customers
pursuant to | ||||||
6 | this Section in compensation for the violation found pursuant | ||||||
7 | to
this Section. These rules shall become effective within one | ||||||
8 | year after the
effective date of this amendatory Act of the | ||||||
9 | 92nd General Assembly.
| ||||||
10 | (d) The rules shall, at a minimum, require each | ||||||
11 | telecommunications carrier
to do all of the following:
| ||||||
12 | (1) Install basic local exchange service within 5 | ||||||
13 | business days after
receipt
of an
order from the customer | ||||||
14 | unless the customer requests an installation date that
is
| ||||||
15 | beyond 5 business days after placing the order for basic | ||||||
16 | service and to inform
the customer of its duty to install | ||||||
17 | service within this timeframe. If
installation
of
service | ||||||
18 | is requested on or by a date more than 5 business days in | ||||||
19 | the future,
the
telecommunications carrier shall install | ||||||
20 | service by the date requested. A
telecommunications | ||||||
21 | carrier offering basic local exchange service utilizing | ||||||
22 | the
network or network elements of another carrier shall | ||||||
23 | install new lines for
basic local exchange service within 3 | ||||||
24 | business days after provisioning of the
line or lines by | ||||||
25 | the carrier whose network or network elements are being
| ||||||
26 | utilized is complete. This
subdivision (d)(1) does not |
| |||||||
| |||||||
1 | apply to the migration of a customer between
| ||||||
2 | telecommunications carriers, so long as the customer | ||||||
3 | maintains dial tone.
| ||||||
4 | (2) Restore basic local exchange service for a customer | ||||||
5 | within 30 24 hours of
receiving
notice that a customer is | ||||||
6 | out of service. This provision applies to service
| ||||||
7 | disruptions that occur when a customer switches existing | ||||||
8 | basic local exchange
service from one carrier to another.
| ||||||
9 | (3) Keep all repair and installation appointments for | ||||||
10 | basic local exchange
service,
when a customer premises | ||||||
11 | visit requires a customer to be present.
| ||||||
12 | (4) Inform a customer when a repair or installation | ||||||
13 | appointment requires
the customer to be present.
| ||||||
14 | (e) The rules shall include provisions for customers to be
| ||||||
15 | credited by the
telecommunications carrier for violations of | ||||||
16 | basic local exchange service
quality
standards as described in | ||||||
17 | subsection (d).
The credits shall be applied on the statement | ||||||
18 | issued to the
customer for the next monthly billing cycle | ||||||
19 | following the violation or
following the discovery of the | ||||||
20 | violation.
The performance levels established in subsection | ||||||
21 | (c) are solely for the
purposes
of consumer credits and shall | ||||||
22 | not be used as performance levels for the
purposes of
assessing | ||||||
23 | penalties under Section 13-305.
At a minimum, the rules shall
| ||||||
24 | include the following:
| ||||||
25 | (1) If a carrier fails to repair an out-of-service | ||||||
26 | condition for basic
local
exchange service within 30 24 |
| |||||||
| |||||||
1 | hours, the carrier shall provide a credit to
the customer. | ||||||
2 | If the service disruption is for over 30 hours but less | ||||||
3 | than 48 hours or less , the
credit must be equal to a | ||||||
4 | pro-rata portion of the monthly recurring charges for
all
| ||||||
5 | local services disrupted. If the service disruption is for | ||||||
6 | more than 48
hours, but not more than 72 hours, the credit | ||||||
7 | must be equal to at least
33% of one month's recurring | ||||||
8 | charges for all local services disrupted. If the
service | ||||||
9 | disruption is for more than 72 hours, but not more than 96
| ||||||
10 | hours, the credit must be equal to at least 67% of one | ||||||
11 | month's
recurring charges for all local services | ||||||
12 | disrupted. If the service disruption
is for
more than 96 | ||||||
13 | hours, but not more than 120 hours, the credit must be | ||||||
14 | equal to
one month's recurring charges for all
local
| ||||||
15 | services disrupted. For each day or portion thereof that | ||||||
16 | the service
disruption continues beyond
the initial | ||||||
17 | 120-hour period, the carrier shall also provide either | ||||||
18 | alternative
telephone service or
an additional credit of | ||||||
19 | $20 per day , at the customers option .
| ||||||
20 | (2) If a carrier fails to install basic local exchange | ||||||
21 | service as required
under subdivision (d)(1),
the carrier | ||||||
22 | shall waive 50% of
any installation charges, or in the | ||||||
23 | absence of an installation charge or where
installation is | ||||||
24 | pursuant to the Link Up
program, the carrier shall provide | ||||||
25 | a credit of $25. If a carrier fails to
install service | ||||||
26 | within 10 business days after the service application is
|
| |||||||
| |||||||
1 | placed, or fails to install service within 5 business days | ||||||
2 | after the customer's
requested installation date, if the | ||||||
3 | requested date was more than 5 business
days after the date | ||||||
4 | of the order, the carrier shall waive 100% of the
| ||||||
5 | installation charge, or in the absence of an installation | ||||||
6 | charge or where
installation is provided pursuant to the | ||||||
7 | Link Up program, the carrier shall
provide a credit of $50. | ||||||
8 | For each day that the failure to install service
continues | ||||||
9 | beyond the initial 10 business days, or beyond 5 business | ||||||
10 | days after
the customer's requested installation date, if | ||||||
11 | the requested date was more than
5 business days after the | ||||||
12 | date of the order, the
carrier shall also provide either | ||||||
13 | alternative telephone service or an
additional credit of | ||||||
14 | $20 per day , at the customer's option until service is
| ||||||
15 | installed.
| ||||||
16 | (3) If a carrier fails to keep a scheduled repair or | ||||||
17 | installation
appointment when a customer premises visit | ||||||
18 | requires a customer to be present,
the carrier shall credit | ||||||
19 | the customer $25 $50 per missed appointment.
A credit | ||||||
20 | required by this subsection does not apply when the carrier | ||||||
21 | provides
the customer with 24-hour notice of its inability | ||||||
22 | to keep the appointment no later than 8 p.m. of the day | ||||||
23 | prior to the scheduled date of the appointment .
| ||||||
24 | (4) If the violation of a basic local exchange service | ||||||
25 | quality standard is
caused by a carrier other than the | ||||||
26 | carrier providing retail
service to the customer, the
|
| |||||||
| |||||||
1 | carrier providing retail service to the customer shall | ||||||
2 | credit the customer as
provided
in this Section. The | ||||||
3 | carrier causing the violation shall
reimburse the carrier | ||||||
4 | providing retail service the amount credited the
customer.
| ||||||
5 | When applicable, an interconnection agreement shall govern | ||||||
6 | compensation between
the carrier causing the violation, in | ||||||
7 | whole or in part, and the retail carrier
providing the | ||||||
8 | credit to the customer.
| ||||||
9 | (5) (Blank) When alternative telephone service is | ||||||
10 | appropriate, the customer may
select one of the alternative | ||||||
11 | telephone services offered by the carrier. The
alternative | ||||||
12 | telephone service shall be provided at no
cost to the | ||||||
13 | customer for the provision of local service .
| ||||||
14 | (6) Credits required by this subsection do not apply if | ||||||
15 | the violation of a
service
quality standard:
| ||||||
16 | (i) occurs as a result of a negligent or willful | ||||||
17 | act on the part of the
customer;
| ||||||
18 | (ii) occurs as a result of a malfunction of | ||||||
19 | customer-owned telephone
equipment or inside wiring;
| ||||||
20 | (iii) occurs as a result of, or is extended by, an | ||||||
21 | emergency situation
as defined in
Commission rules;
| ||||||
22 | (iv) is extended by the carrier's inability to gain | ||||||
23 | access to the
customer's
premises due to the customer | ||||||
24 | missing an appointment, provided that the
violation is | ||||||
25 | not further extended by the carrier;
| ||||||
26 | (v) occurs as a result of a customer request to |
| |||||||
| |||||||
1 | change the scheduled
appointment, provided
that the | ||||||
2 | violation is not further extended by the carrier;
| ||||||
3 | (vi) occurs as a result of a carrier's right to | ||||||
4 | refuse service to a
customer as provided in Commission | ||||||
5 | rules; or
| ||||||
6 | (vii) occurs as a result of a lack of facilities | ||||||
7 | where a customer
requests service at a geographically
| ||||||
8 | remote location, a customer requests service in a | ||||||
9 | geographic area where the
carrier is not currently | ||||||
10 | offering service, or there are insufficient facilities
| ||||||
11 | to meet the customer's request for service, subject to | ||||||
12 | a carrier's obligation
for reasonable facilities | ||||||
13 | planning.
| ||||||
14 | (7) The provisions of this subsection are cumulative | ||||||
15 | and shall not in any
way
diminish or replace other civil or | ||||||
16 | administrative remedies available to a
customer
or a class | ||||||
17 | of customers.
| ||||||
18 | (f) The rules shall require each telecommunications | ||||||
19 | carrier to provide to
the Commission, on
a quarterly basis and | ||||||
20 | in a form suitable for posting on the Commission's
website, a | ||||||
21 | public
report that includes performance data for basic local | ||||||
22 | exchange service quality
of service.
The performance data shall | ||||||
23 | be disaggregated for each geographic area and each
customer | ||||||
24 | class of the
State for
which the telecommunications carrier | ||||||
25 | internally monitored performance data as
of a date
120 days | ||||||
26 | preceding the effective date of this amendatory Act of the 92nd
|
| |||||||
| |||||||
1 | General Assembly. The report shall
include, at
a minimum, | ||||||
2 | performance data on basic local exchange service | ||||||
3 | installations,
lines out of
service for more than 30 24 hours, | ||||||
4 | carrier response to customer calls, trouble
reports, and
missed | ||||||
5 | repair and installation commitments.
| ||||||
6 | (g) The Commission shall establish and implement carrier to | ||||||
7 | carrier
wholesale service
quality rules and establish remedies | ||||||
8 | to ensure enforcement of the rules.
| ||||||
9 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
10 | (220 ILCS 5/13-804 new) | ||||||
11 | (Section scheduled to be repealed on July 1, 2010) | ||||||
12 | Sec. 13-804. Broadband investment. Increased investment | ||||||
13 | into broadband infrastructure is critical to the economic | ||||||
14 | development of this State and a key component to the retention | ||||||
15 | of existing jobs and the creation of new jobs. The removal of | ||||||
16 | regulatory uncertainty will attract greater private-sector | ||||||
17 | investment in broadband infrastructure. Notwithstanding other | ||||||
18 | provisions of this Article: | ||||||
19 | (A) the Commission shall have the authority to certify | ||||||
20 | providers of wireless services, including, but not limited | ||||||
21 | to, private radio service, public mobile service, or | ||||||
22 | commercial mobile service, as those terms are defined in 47 | ||||||
23 | U.S.C. 332 on the effective date of this amendatory Act of | ||||||
24 | the 96th General Assembly or as amended thereafter, to | ||||||
25 | provide telecommunications services in Illinois; |
| |||||||
| |||||||
1 | (B) the Commission shall have the authority to certify | ||||||
2 | providers of wireless services, including, but not limited | ||||||
3 | to, private radio service, public mobile service, or | ||||||
4 | commercial mobile service, as those terms are defined in 47 | ||||||
5 | U.S.C. 332 on the effective date of this amendatory Act of | ||||||
6 | the 96th General Assembly or as amended thereafter, as | ||||||
7 | eligible telecommunications carriers in Illinois, as that | ||||||
8 | term has the meaning prescribed in 47 U.S.C. 214 on the | ||||||
9 | effective date of this amendatory Act of the 96th General | ||||||
10 | Assembly or as amended thereafter; | ||||||
11 | (C) the Commission shall have the authority to register | ||||||
12 | providers of fixed or non-nomadic Interconnected VoIP | ||||||
13 | service as Interconnected VoIP service providers in | ||||||
14 | Illinois in accordance with Section 401.1 of this Article; | ||||||
15 | (D) the Commission shall have the authority to require | ||||||
16 | providers of Interconnected VoIP service to participate in | ||||||
17 | hearing and speech disability programs; and | ||||||
18 | (E) the Commission shall have the authority to access | ||||||
19 | information provided to the non-profit organization under | ||||||
20 | Section 20 of the High Speed Internet Services and | ||||||
21 | Information Technology Act, provided the Commission enters | ||||||
22 | into a proprietary and confidentiality agreement governing | ||||||
23 | such information. | ||||||
24 | Except to the extent expressly permitted by and consistent | ||||||
25 | with federal law, the regulations of the Federal Communications | ||||||
26 | Commission, this Article, Article XXI or XXII of this Act, or |
| |||||||
| |||||||
1 | this amendatory Act of the 96th General Assembly, the | ||||||
2 | Commission shall not regulate the rates, terms, conditions, | ||||||
3 | quality of service, availability, classification, or any other | ||||||
4 | aspect of service regarding (i) broadband services, (ii) | ||||||
5 | Interconnected VoIP services, (iii) information services, as | ||||||
6 | defined in 47 U.S.C. 153(20) on the effective date of this | ||||||
7 | amendatory Act of the 96th General Assembly or as amended | ||||||
8 | thereafter, or (iv) wireless services, including, but not | ||||||
9 | limited to, private radio service, public mobile service, or | ||||||
10 | commercial mobile service, as those terms are defined in 47 | ||||||
11 | U.S.C. 332 on the effective date of this amendatory Act of the | ||||||
12 | 96th General Assembly or as amended thereafter.
| ||||||
13 | (220 ILCS 5/13-900.1 new) | ||||||
14 | (Section scheduled to be repealed on July 1, 2010) | ||||||
15 | Sec. 13-900.1. Authority over 9-1-1 rates and terms of | ||||||
16 | service. Notwithstanding any other provision of this Article, | ||||||
17 | the Commission retains its full authority over the rates and | ||||||
18 | service quality as they apply to 9-1-1 system providers, | ||||||
19 | including the Commission's existing authority over | ||||||
20 | interconnection with 9-1-1 system providers and 9-1-1 systems. | ||||||
21 | The rates, terms, and conditions for 9-1-1 service shall be | ||||||
22 | tariffed and shall be provided in the manner prescribed by this | ||||||
23 | Act and shall be subject to the applicable laws, including | ||||||
24 | rules or regulations adopted and orders issued by the | ||||||
25 | Commission or the Federal Communications Commission. The |
| |||||||
| |||||||
1 | Commission retains this full authority regardless of the | ||||||
2 | technologies utilized or deployed by 9-1-1 system providers.
| ||||||
3 | (220 ILCS 5/13-900.2 new) | ||||||
4 | (Section scheduled to be repealed on July 1, 2010) | ||||||
5 | Sec. 13-900.2. Access services. | ||||||
6 | (a) This Section shall apply to switched access rates | ||||||
7 | charged by all carriers other than Electing Providers whose | ||||||
8 | switched access rates are governed by subsection (g) of Section | ||||||
9 | 13-506.2 of this Act. | ||||||
10 | (b) Except as otherwise provided in subsection (c) of this | ||||||
11 | Section, the rates of any telecommunications carrier, | ||||||
12 | including, but not limited to, competitive local exchange | ||||||
13 | carriers, providing intrastate switched access service shall | ||||||
14 | be reduced to rates no higher than the carrier's rates for | ||||||
15 | interstate switched access service as follows: | ||||||
16 | (1) by January 1, 2011, each telecommunications | ||||||
17 | carrier must reduce its intrastate switched access rates by | ||||||
18 | an amount equal to 50% of the difference between its then | ||||||
19 | current intrastate switched access rates and its then | ||||||
20 | current interstate switched access rates; | ||||||
21 | (2) by January 1, 2012, each telecommunications | ||||||
22 | carrier must further reduce its intrastate switched access | ||||||
23 | rates by an amount equal to 50% of the difference between | ||||||
24 | its then current intrastate switched access rates and its | ||||||
25 | then current interstate switched access rates; |
| |||||||
| |||||||
1 | (3) by July 1, 2012, each telecommunications carrier | ||||||
2 | must reduce its intrastate switched access rates to mirror | ||||||
3 | its then current interstate switched access rates and rate | ||||||
4 | structure. | ||||||
5 | Following 24 months after the effective date of this | ||||||
6 | amendatory Act of the 96th General Assembly, each | ||||||
7 | telecommunications carrier must continue to set its intrastate | ||||||
8 | switched access rates to mirror its interstate switched access | ||||||
9 | rates and rate structure. For purposes of this Section, the | ||||||
10 | rate for intrastate switched access service means the | ||||||
11 | composite, per-minute rate for that service, including all | ||||||
12 | applicable fixed and traffic-sensitive charges, including, but | ||||||
13 | not limited to, carrier common line charges. | ||||||
14 | (c) Subsection (b) of this Section shall not apply to | ||||||
15 | incumbent local exchange carriers serving 35,000 or fewer | ||||||
16 | access lines. | ||||||
17 | (d) Nothing in subsection (b) of this Section prohibits a | ||||||
18 | telecommunications carrier from electing to offer intrastate | ||||||
19 | switched access service at rates lower than its interstate | ||||||
20 | rates. | ||||||
21 | (e) The Commission shall have no authority to order a | ||||||
22 | telecommunications carrier to set its rates for intrastate | ||||||
23 | switched access at a level lower than its interstate switched | ||||||
24 | access rates.
| ||||||
25 | (220 ILCS 5/13-1200) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on July 1, 2010) | ||||||
2 | Sec. 13-1200. Repealer. This Article is repealed July 1, | ||||||
3 | 2013 2010 . | ||||||
4 | (Source: P.A. 95-9, eff. 6-30-07; 96-24, eff. 6-30-09.)
| ||||||
5 | (220 ILCS 5/22-501) | ||||||
6 | Sec. 22-501. Customer service and privacy protection. All | ||||||
7 | cable or video providers in this State shall comply with the | ||||||
8 | following customer service requirements and privacy | ||||||
9 | protections. The provisions of this Act shall not apply to an | ||||||
10 | incumbent cable operator prior to January 1, 2008. For purposes | ||||||
11 | of this paragraph, an incumbent cable operator means a person | ||||||
12 | or entity that provided cable services in a particular area | ||||||
13 | under a franchise agreement with a local unit of government | ||||||
14 | pursuant to Section 11-42-11 of the Illinois
Municipal Code or | ||||||
15 | Section 5-1095 of the Counties Code on January 1, 2007.
A | ||||||
16 | master antenna television, satellite master antenna | ||||||
17 | television, direct broadcast satellite, multipoint | ||||||
18 | distribution service, and other provider of video programming | ||||||
19 | shall only be subject to the provisions of this Article to the | ||||||
20 | extent permitted by federal law. | ||||||
21 | The following definitions apply to the terms used in this | ||||||
22 | Article: | ||||||
23 | "Basic cable or video service" means any service offering | ||||||
24 | or tier that
includes the retransmission of local television | ||||||
25 | broadcast signals. |
| |||||||
| |||||||
1 | "Cable or video provider" means any person or entity | ||||||
2 | providing cable service or video service pursuant to | ||||||
3 | authorization under (i) the Cable and Video Competition Law of | ||||||
4 | 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; | ||||||
5 | (iii) Section 5-1095 of the Counties Code; or (iv) a master | ||||||
6 | antenna television, satellite master antenna television, | ||||||
7 | direct broadcast satellite, multipoint distribution services, | ||||||
8 | and other providers of video programming, whatever their | ||||||
9 | technology. A cable or video provider shall not include a | ||||||
10 | landlord providing only broadcast video programming to a | ||||||
11 | single-family home or other residential dwelling consisting of | ||||||
12 | 4
units or less. | ||||||
13 | "Franchise" has the same meaning as found in 47 U.S.C. | ||||||
14 | 522(9). | ||||||
15 | "Local unit of government" means a city, village, | ||||||
16 | incorporated town, or a county. | ||||||
17 | "Normal business hours" means those hours during which most | ||||||
18 | similar businesses in the geographic area of the local unit of | ||||||
19 | government are open to serve customers. In all cases, "normal | ||||||
20 | business hours" must include some evening hours at least one | ||||||
21 | night per week or some weekend hours. | ||||||
22 | "Normal operating conditions" means those service | ||||||
23 | conditions that are within the control of cable or video | ||||||
24 | providers. Those conditions that are not within the control of | ||||||
25 | cable or video providers include, but are not limited to, | ||||||
26 | natural disasters, civil disturbances, power outages, |
| |||||||
| |||||||
1 | telephone network outages, and severe or unusual weather | ||||||
2 | conditions. Those conditions that are ordinarily within the | ||||||
3 | control of cable or video providers include, but are not | ||||||
4 | limited to, special promotions, pay-per-view events, rate | ||||||
5 | increases, regular peak or seasonal demand periods, and | ||||||
6 | maintenance or upgrade of the cable service or video service | ||||||
7 | network. | ||||||
8 | "Service interruption" means the loss of picture or sound | ||||||
9 | on one or more cable service or video service on one or more | ||||||
10 | cable or video channels. | ||||||
11 | "Service line drop" means the point of connection between a | ||||||
12 | premises and the cable or video network that enables the | ||||||
13 | premises to receive cable service or video service. | ||||||
14 | (a) General customer service standards: | ||||||
15 | (1) Cable or video providers shall establish general | ||||||
16 | standards related to customer service, which shall | ||||||
17 | include, but not be limited to, installation, | ||||||
18 | disconnection, service and repair obligations; appointment | ||||||
19 | hours and employee ID requirements; customer service | ||||||
20 | telephone numbers and hours; procedures for billing, | ||||||
21 | charges, deposits, refunds, and credits; procedures for | ||||||
22 | termination of service; notice of deletion of programming | ||||||
23 | service; changes related to transmission of programming; | ||||||
24 | changes or increases in rates; the use and availability of | ||||||
25 | parental control or lock-out devices; the use and | ||||||
26 | availability of an A/B switch if applicable; complaint |
| |||||||
| |||||||
1 | procedures and procedures for bill dispute resolution; a | ||||||
2 | description of the rights and remedies available to | ||||||
3 | consumers if the cable or video provider does not | ||||||
4 | materially meet its
customer service standards; and | ||||||
5 | special services for customers with visual, hearing, or | ||||||
6 | mobility disabilities. | ||||||
7 | (2) Cable or video providers' rates for each level of | ||||||
8 | service, rules, regulations, and policies related to its | ||||||
9 | cable service or video service described in paragraph (1) | ||||||
10 | of this subsection (a)
must be made available to the public | ||||||
11 | and displayed clearly and conspicuously on the cable or | ||||||
12 | video provider's site on the Internet. If a promotional | ||||||
13 | price or a price for a specified period of time is offered, | ||||||
14 | the cable or video provider shall display the price at the | ||||||
15 | end of the promotional period or specified period of time | ||||||
16 | clearly and conspicuously with the display of the | ||||||
17 | promotional price or price for a specified period of time. | ||||||
18 | The cable or video provider shall provide this information | ||||||
19 | upon request. | ||||||
20 | (3) Cable or video providers shall provide notice | ||||||
21 | concerning their general customer service standards to all | ||||||
22 | customers. This notice shall be offered when service is | ||||||
23 | first activated and annually thereafter. The information | ||||||
24 | in the notice shall include all of the information | ||||||
25 | specified in paragraph (1) of this subsection (a), as well | ||||||
26 | as the following: a listing of services offered by the |
| |||||||
| |||||||
1 | cable or video providers, which shall clearly describe | ||||||
2 | programming for all services and all levels of service; the | ||||||
3 | rates for all services and levels of service; a telephone | ||||||
4 | number
through which customers may subscribe to, change, or | ||||||
5 | terminate service, request customer service, or seek | ||||||
6 | general or billing information; instructions on the use of | ||||||
7 | the cable or video services; and a description of rights | ||||||
8 | and remedies that the cable or video providers shall make | ||||||
9 | available to their customers if they do not materially meet | ||||||
10 | the general customer service standards described in this | ||||||
11 | Act. | ||||||
12 | (b) General customer service obligations: | ||||||
13 | (1) Cable or video providers shall render reasonably | ||||||
14 | efficient service, promptly make repairs, and interrupt | ||||||
15 | service only as necessary and for good cause, during | ||||||
16 | periods of minimum use of the system and for no more than | ||||||
17 | 24 hours. | ||||||
18 | (2) All service representatives or any other person who | ||||||
19 | contacts customers or potential customers on behalf of the | ||||||
20 | cable or video provider shall have a visible identification | ||||||
21 | card with their name and photograph and shall orally | ||||||
22 | identify themselves upon first contact with the customer. | ||||||
23 | Customer service representatives shall orally identify | ||||||
24 | themselves to callers immediately following the greeting | ||||||
25 | during each telephone contact with the public. | ||||||
26 | (3) The cable or video providers shall: (i) maintain a |
| |||||||
| |||||||
1 | customer service facility within the boundaries of a local | ||||||
2 | unit of government staffed by customer service | ||||||
3 | representatives that have the capacity to accept payment, | ||||||
4 | adjust bills, and respond to repair, installation, | ||||||
5 | reconnection, disconnection, or other service calls and | ||||||
6 | distribute or receive converter boxes, remote control | ||||||
7 | units, digital stereo units, or other equipment related to | ||||||
8 | the provision of cable or video service; (ii) provide | ||||||
9 | customers with bill payment facilities through retail, | ||||||
10 | financial, or other commercial institutions located within | ||||||
11 | the boundaries of a local unit of government; (iii) provide | ||||||
12 | an address, toll-free telephone number or electronic | ||||||
13 | address to accept bill payments and correspondence and | ||||||
14 | provide secure collection boxes for the receipt of bill | ||||||
15 | payments and the return of equipment, provided that if a | ||||||
16 | cable or video provider provides secure collection boxes, | ||||||
17 | it shall provide a printed receipt when items are | ||||||
18 | deposited; or (iv) provide an address, toll-free telephone | ||||||
19 | number, or electronic address to accept bill payments and | ||||||
20 | correspondence and provide a method for customers to return | ||||||
21 | equipment to the cable or video provider at no cost to the | ||||||
22 | customer. | ||||||
23 | (4) In each contact with a customer, the service | ||||||
24 | representatives or any other person who contacts customers | ||||||
25 | or potential customers on behalf of the cable or video | ||||||
26 | provider shall state the estimated cost of the service, |
| |||||||
| |||||||
1 | repair, or installation orally prior to delivery of the | ||||||
2 | service or before any work is performed, shall provide the | ||||||
3 | customer with an oral statement of the total charges before | ||||||
4 | terminating the telephone call or other contact in which a | ||||||
5 | service is ordered, whether in-person or over the Internet, | ||||||
6 | and shall provide a written statement of the total charges | ||||||
7 | before leaving the location at which the work was | ||||||
8 | performed. In the event that the cost of service is a | ||||||
9 | promotional price or is for a limited period of time, the | ||||||
10 | cost of service at the end of the promotion or limited | ||||||
11 | period of time shall be disclosed. | ||||||
12 | (5) Cable or video providers shall provide customers a | ||||||
13 | minimum of 30 days' written notice before increasing rates | ||||||
14 | or eliminating transmission of programming and shall | ||||||
15 | submit the notice to the local unit of government in | ||||||
16 | advance of distribution to customers, provided that the | ||||||
17 | cable or video provider is not in violation of this | ||||||
18 | provision if the elimination of transmission of | ||||||
19 | programming was outside the control of the provider, in | ||||||
20 | which case the provider shall use reasonable efforts to | ||||||
21 | provide as much notice as possible, and any rate decrease | ||||||
22 | related to the elimination of transmission of programming | ||||||
23 | shall be applied to the date of the change. | ||||||
24 | (6) Cable or video providers shall provide clear visual | ||||||
25 | and audio reception that meets or exceeds applicable | ||||||
26 | Federal Communications Commission technical standards. If |
| |||||||
| |||||||
1 | a customer experiences poor video or audio reception due to | ||||||
2 | the equipment of the cable or video provider, the cable or | ||||||
3 | video provider shall promptly repair the problem at its own | ||||||
4 | expense. | ||||||
5 | (c) Bills, payment, and termination: | ||||||
6 | (1) Cable or video providers shall render monthly bills | ||||||
7 | that are clear, accurate, and understandable. | ||||||
8 | (2) Every residential customer who pays bills directly | ||||||
9 | to the cable or video provider shall have at least 28 days | ||||||
10 | from the date of the bill to pay the listed charges. | ||||||
11 | (3) Customer payments shall be posted promptly. When | ||||||
12 | the payment is sent by United States mail, payment is | ||||||
13 | considered paid on the date it is postmarked. | ||||||
14 | (4) Cable or video providers may not terminate | ||||||
15 | residential service for nonpayment of a bill unless the | ||||||
16 | cable or video provider furnishes notice of the delinquency | ||||||
17 | and impending termination at least 21 days prior to the | ||||||
18 | proposed termination. Notice of proposed termination shall | ||||||
19 | be mailed, postage prepaid, to the customer to whom service | ||||||
20 | is billed. Notice of proposed termination shall not be | ||||||
21 | mailed until the 29th day after the date of the bill for | ||||||
22 | services. Notice of delinquency and impending termination | ||||||
23 | may be part of a billing statement only if the notice is | ||||||
24 | presented in a different color than the bill and is | ||||||
25 | designed to be conspicuous. The cable or video providers | ||||||
26 | may not assess a late fee prior to the 29th day after the |
| |||||||
| |||||||
1 | date of the bill for service. | ||||||
2 | (5) Every notice of impending termination shall | ||||||
3 | include all of the following: the name and address of | ||||||
4 | customer; the amount of the delinquency; the date on which | ||||||
5 | payment is required to avoid termination; and the telephone | ||||||
6 | number of the cable or video provider's service | ||||||
7 | representative to make payment arrangements and to provide | ||||||
8 | additional information about the charges for failure to | ||||||
9 | return equipment and for reconnection, if any. No customer | ||||||
10 | may be charged a fee for termination or disconnection of | ||||||
11 | service, irrespective of whether the customer initiated | ||||||
12 | termination or disconnection or the cable or video provider | ||||||
13 | initiated termination or disconnection. | ||||||
14 | (6) Service may only be terminated on days when the | ||||||
15 | customer is able to reach a service representative of the | ||||||
16 | cable or video providers, either in person or by telephone. | ||||||
17 | (7) Any service terminated by a cable or video provider | ||||||
18 | without good cause shall be restored without any | ||||||
19 | reconnection fee, charge, or penalty; good cause for | ||||||
20 | termination includes, but is not limited to, failure to pay | ||||||
21 | a bill by the date specified in the notice of impending | ||||||
22 | termination, payment by check for which there are | ||||||
23 | insufficient funds, theft of service, abuse of equipment or | ||||||
24 | personnel, or other similar subscriber actions. | ||||||
25 | (8) Cable or video providers shall cease charging a | ||||||
26 | customer for any or all services within one
business day |
| |||||||
| |||||||
1 | after it receives a request to immediately terminate | ||||||
2 | service or on the day requested by the customer if such a | ||||||
3 | date is at least 5 days from the date requested by the | ||||||
4 | customer. Nothing in this subsection (c) shall prohibit the | ||||||
5 | provider from billing for charges that the customer incurs | ||||||
6 | prior to the date of termination. Cable or video providers | ||||||
7 | shall issue a credit or a refund or return a deposit within | ||||||
8 | 10 business days after the close of the customer's billing | ||||||
9 | cycle following the request for termination or the return | ||||||
10 | of equipment, if any, whichever is later. | ||||||
11 | (9) The customers or subscribers of a cable or video | ||||||
12 | provider shall be allowed to disconnect their service at | ||||||
13 | any time within the first 60 days after subscribing to or | ||||||
14 | upgrading the service. Within this 60-day period, cable or | ||||||
15 | video providers shall not charge or impose any fees or | ||||||
16 | penalties on the customer for disconnecting service, | ||||||
17 | including, but not limited to, any installation charge or | ||||||
18 | the imposition of an early termination charge, except the | ||||||
19 | cable or video provider may impose a charge or fee to | ||||||
20 | offset any rebates or credits received by the customer and | ||||||
21 | may impose monthly service or maintenance charges, | ||||||
22 | including pay-per-view and premium services charges, | ||||||
23 | during such 60-day period. | ||||||
24 | (10) Cable and video providers shall guarantee | ||||||
25 | customer satisfaction for new or upgraded service and the | ||||||
26 | customer shall receive a pro-rata credit in an amount equal |
| |||||||
| |||||||
1 | to the pro-rata charge for the remaining days of service | ||||||
2 | being disconnected or replaced upon the customers request | ||||||
3 | if the customer is dissatisfied with the service and | ||||||
4 | requests to discontinue the service within the first 60 | ||||||
5 | days after subscribing to the upgraded service. | ||||||
6 | (d) Response to customer inquiries: | ||||||
7 | (1) Cable or video providers will maintain a toll-free | ||||||
8 | telephone access line that is
available to customers 24 | ||||||
9 | hours a day, 7
days a week to accept calls regarding | ||||||
10 | installation, termination, service, and complaints. | ||||||
11 | Trained, knowledgeable, qualified service representatives | ||||||
12 | of the cable or video providers will be available to | ||||||
13 | respond to customer telephone inquiries during normal | ||||||
14 | business hours. Customer service representatives shall be | ||||||
15 | able to provide credit, waive fees, schedule appointments, | ||||||
16 | and change billing cycles. Any difficulties that cannot be | ||||||
17 | resolved by the customer service representatives shall be | ||||||
18 | referred to a supervisor who shall make his or her best | ||||||
19 | efforts to resolve the issue immediately. If the supervisor | ||||||
20 | does not resolve the issue to the customer's satisfaction, | ||||||
21 | the customer shall be informed of the cable or video | ||||||
22 | provider's complaint procedures and procedures for billing | ||||||
23 | dispute resolution and given a description of the rights | ||||||
24 | and remedies available to customers to enforce the terms of | ||||||
25 | this Article, including the customer's rights to have the | ||||||
26 | complaint reviewed by the local unit of government, to |
| |||||||
| |||||||
1 | request mediation, and to review in a court of competent | ||||||
2 | jurisdiction. | ||||||
3 | (2) After normal business hours, the access line may be | ||||||
4 | answered by a service or an automated response system, | ||||||
5 | including an answering machine. Inquiries received by | ||||||
6 | telephone or e-mail after normal business hours shall be | ||||||
7 | responded to by a trained service representative on the | ||||||
8 | next business day. The cable or video provider shall | ||||||
9 | respond to a written billing inquiry within 10 days of | ||||||
10 | receipt of the inquiry. | ||||||
11 | (3) Cable or video providers shall provide customers | ||||||
12 | seeking non-standard installations with a total | ||||||
13 | installation cost estimate and an estimated date of | ||||||
14 | completion. The actual charge to the customer shall not | ||||||
15 | exceed 10% of the estimated cost without the written | ||||||
16 | consent of the customer. | ||||||
17 | (4) If the cable or video provider receives notice that | ||||||
18 | an unsafe condition exists with respect to its equipment, | ||||||
19 | it shall investigate such condition immediately and shall | ||||||
20 | take such measures as are necessary to remove or eliminate | ||||||
21 | the unsafe condition. The cable or video provider shall | ||||||
22 | inform the local unit of government promptly, but no later | ||||||
23 | than 2 hours after it receives notification of an unsafe | ||||||
24 | condition that it has not remedied. | ||||||
25 | (5) Under normal operating conditions, telephone | ||||||
26 | answer time by the cable or video provider's customer |
| |||||||
| |||||||
1 | representative, including wait time, shall not exceed 30 | ||||||
2 | seconds when the connection is made. If the call needs to | ||||||
3 | be transferred, transfer time shall not exceed 30 seconds. | ||||||
4 | These standards shall be met no less than 90% of the time | ||||||
5 | under normal operating conditions, measured on a quarterly | ||||||
6 | basis. | ||||||
7 | (6) Under normal operating conditions, the cable or | ||||||
8 | video provider's customers will receive a busy signal less | ||||||
9 | than 3% of the time. | ||||||
10 | (e) Under normal operating conditions, each of the | ||||||
11 | following standards related to installations, outages, and | ||||||
12 | service calls will be met no less than 95% of the time measured | ||||||
13 | on a quarterly basis: | ||||||
14 | (1) Standard installations will be performed within 7 | ||||||
15 | business days after an order has been placed. "Standard" | ||||||
16 | installations are those that are located up to 125 feet | ||||||
17 | from the existing distribution system. | ||||||
18 | (2) Excluding conditions beyond the control of the | ||||||
19 | cable or video providers, the cable or video providers will | ||||||
20 | begin working on "service interruptions" promptly and in no | ||||||
21 | event later than 24 hours after the interruption is | ||||||
22 | reported by the customer or otherwise becomes known to the | ||||||
23 | cable or video providers. Cable or video providers must | ||||||
24 | begin actions to correct other service problems the next | ||||||
25 | business day after notification of the service problem and | ||||||
26 | correct the problem within 48 hours after the interruption |
| |||||||
| |||||||
1 | is reported by the customer 95% of the time, measured on a | ||||||
2 | quarterly basis. | ||||||
3 | (3) The "appointment window" alternatives for | ||||||
4 | installations, service calls, and other installation | ||||||
5 | activities will be either a specific time or, at a maximum, | ||||||
6 | a 4-hour
time block during evening, weekend, and normal | ||||||
7 | business hours. The cable or video provider may schedule | ||||||
8 | service calls and other installation activities outside of | ||||||
9 | these hours for the express convenience of the customer. | ||||||
10 | (4) Cable or video providers may not cancel an | ||||||
11 | appointment with a customer after 5:00 p.m. on the business | ||||||
12 | day prior to the scheduled appointment. If the cable or | ||||||
13 | video provider's representative is running late for an | ||||||
14 | appointment with a customer and will not be able to keep | ||||||
15 | the appointment as scheduled, the customer will be | ||||||
16 | contacted. The appointment will be rescheduled, as | ||||||
17 | necessary, at a time that
is convenient for the customer, | ||||||
18 | even if the rescheduled appointment is not within normal | ||||||
19 | business hours. | ||||||
20 | (f) Public benefit obligation: | ||||||
21 | (1) All cable or video providers offering service | ||||||
22 | pursuant to the Cable and Video Competition Law of 2007, | ||||||
23 | the Illinois Municipal Code, or the Counties Code shall | ||||||
24 | provide a free service line drop and free basic service to | ||||||
25 | all current and future public buildings within their | ||||||
26 | footprint, including, but not limited to, all local unit of |
| |||||||
| |||||||
1 | government buildings, public libraries, and public primary | ||||||
2 | and secondary schools, whether owned or leased by that | ||||||
3 | local unit of government ("eligible buildings"). Such | ||||||
4 | service shall be used in a manner consistent with the | ||||||
5 | government purpose for the eligible building and shall not | ||||||
6 | be resold. | ||||||
7 | (2) This obligation only applies to those cable or | ||||||
8 | video service providers whose cable service or video | ||||||
9 | service systems pass eligible buildings and its cable or | ||||||
10 | video service is generally available to residential | ||||||
11 | subscribers in the same local unit of government in which | ||||||
12 | the eligible building is located. The burden of providing | ||||||
13 | such service at each eligible building shall be shared by | ||||||
14 | all cable and video providers whose systems pass the | ||||||
15 | eligible buildings in an equitable and competitively | ||||||
16 | neutral manner, and nothing herein shall require | ||||||
17 | duplicative installations by more than one cable or video | ||||||
18 | provider at each eligible building. Cable or video | ||||||
19 | providers operating in a local unit of government shall | ||||||
20 | meet as necessary and determine who will provide service to | ||||||
21 | eligible buildings under this subsection (f). If the cable | ||||||
22 | or video providers are unable to reach an agreement, they | ||||||
23 | shall meet with the local unit of government, which shall | ||||||
24 | determine which cable or video providers will serve each | ||||||
25 | eligible building. The local unit of government shall bear | ||||||
26 | the costs of any inside wiring or video equipment costs not |
| |||||||
| |||||||
1 | ordinarily provided as part of the cable or video | ||||||
2 | provider's basic offering. | ||||||
3 | (g) After the cable or video providers have offered service | ||||||
4 | for one year, the cable or video providers shall make an annual | ||||||
5 | report to the Commission, to the local unit of government, and | ||||||
6 | to the Attorney General that it is meeting the standards | ||||||
7 | specified in this Article, identifying the number of complaints | ||||||
8 | it received over the prior year in the State and specifying the | ||||||
9 | number of complaints related to each of the following: (1) | ||||||
10 | billing, charges, refunds, and credits; (2) installation or | ||||||
11 | termination of service; (3) quality of service and repair; (4) | ||||||
12 | programming; and (5) miscellaneous complaints that do not fall | ||||||
13 | within these categories. Thereafter, the cable or video | ||||||
14 | providers shall also provide, upon request by the local unit of | ||||||
15 | government where service is offered and to the Attorney | ||||||
16 | General, an annual public report that includes performance data | ||||||
17 | described in subdivisions (5) and (6) of subsection (d) and | ||||||
18 | subdivisions (1) and (2) of subsection (e)
of this Section for | ||||||
19 | cable services or video services. The performance data shall be | ||||||
20 | disaggregated for each requesting local unit of government or | ||||||
21 | local exchange, as that term is defined in Section 13-206 of | ||||||
22 | this
Act, in which the cable or video providers have customers. | ||||||
23 | (h) To the extent consistent with federal law, cable or | ||||||
24 | video providers shall offer the lowest-cost basic cable or | ||||||
25 | video service as a stand-alone service to residential customers | ||||||
26 | at reasonable rates. Cable or video providers shall not require |
| |||||||
| |||||||
1 | the subscription to any service other than the lowest-cost | ||||||
2 | basic service or to any telecommunications or information | ||||||
3 | service, as a condition of access to cable or video service, | ||||||
4 | including programming offered on a per channel or per program | ||||||
5 | basis. Cable or video providers shall not discriminate between | ||||||
6 | subscribers to the lowest-cost basic service, subscribers to | ||||||
7 | other cable services or video services, and other subscribers | ||||||
8 | with regard to the rates charged for cable or video programming | ||||||
9 | offered on a per channel or per program basis. | ||||||
10 | (i) To the extent consistent with federal law, cable or | ||||||
11 | video providers shall ensure that charges for changes in the | ||||||
12 | subscriber's selection of services or equipment shall be based | ||||||
13 | on the cost of such change and shall not exceed nominal amounts | ||||||
14 | when the system's configuration permits changes in service tier | ||||||
15 | selection to be effected solely by coded entry on a computer | ||||||
16 | terminal or by other similarly simple method. | ||||||
17 | (j) To the extent consistent with federal law, cable or | ||||||
18 | video providers shall have a rate structure for the provision | ||||||
19 | of cable or video service that is uniform throughout the area | ||||||
20 | within the boundaries of the local unit of government. This | ||||||
21 | subsection (j) is not intended to prohibit bulk discounts to | ||||||
22 | multiple dwelling units or to prohibit reasonable discounts to | ||||||
23 | senior citizens or other economically disadvantaged groups. | ||||||
24 | (k) To the extent consistent with federal law, cable or | ||||||
25 | video providers shall not charge a subscriber for any service | ||||||
26 | or equipment that the subscriber has not affirmatively |
| |||||||
| |||||||
1 | requested by name. For purposes of this subsection (k), a | ||||||
2 | subscriber's failure to refuse a cable or video provider's | ||||||
3 | proposal to provide service or equipment shall not be deemed to | ||||||
4 | be an affirmative request for such service or equipment. | ||||||
5 | (l) No contract or service agreement containing an early | ||||||
6 | termination clause offering residential cable services or | ||||||
7 | video services or any bundle including such services shall be | ||||||
8 | for a term longer than 2 years one year . Any contract or | ||||||
9 | service offering with a term of service that contains an early | ||||||
10 | termination fee shall limit the early termination fee to not | ||||||
11 | more than the value of any additional goods or services | ||||||
12 | provided with the cable or video services, the amount of the | ||||||
13 | discount reflected in the price for cable services or video | ||||||
14 | services for the period during which the consumer benefited | ||||||
15 | from the discount , or a declining fee based on the remainder of | ||||||
16 | the contract term . | ||||||
17 | (m) Cable or video providers shall not discriminate in the | ||||||
18 | provision of services for the hearing and visually impaired, | ||||||
19 | and shall comply with the accessibility requirements of 47 | ||||||
20 | U.S.C. 613. Cable or video providers shall deliver and pick-up | ||||||
21 | or provide customers with pre-paid shipping and packaging for | ||||||
22 | the return of converters and other necessary equipment at the | ||||||
23 | home of customers with disabilities. Cable or video providers | ||||||
24 | shall provide free use of a converter or remote control unit to | ||||||
25 | mobility impaired customers. | ||||||
26 | (n)(1) To the extent consistent with federal law, cable or |
| |||||||
| |||||||
1 | video providers shall comply with the provisions of 47 U.S.C. | ||||||
2 | 532(h) and (j). The cable or video providers shall not exercise | ||||||
3 | any editorial control over any video programming provided | ||||||
4 | pursuant to this Section, or in any other way consider the | ||||||
5 | content of such programming, except that a cable or video | ||||||
6 | provider may refuse to transmit any leased access program or | ||||||
7 | portion of a leased access program that
contains obscenity, | ||||||
8 | indecency, or nudity and may consider such content to the | ||||||
9 | minimum extent necessary to establish a reasonable price for | ||||||
10 | the commercial use of designated channel capacity by an | ||||||
11 | unaffiliated person. This subsection (n) shall permit cable or | ||||||
12 | video providers to enforce prospectively a written and | ||||||
13 | published policy of prohibiting programming that the cable or | ||||||
14 | video provider reasonably believes describes or depicts sexual | ||||||
15 | or excretory activities or organs in a patently offensive | ||||||
16 | manner as measured by contemporary community standards. | ||||||
17 | (2) Upon customer request, the cable or video provider | ||||||
18 | shall, without charge, fully scramble or otherwise fully | ||||||
19 | block the audio and video programming of each channel | ||||||
20 | carrying such programming so that a person who is not a | ||||||
21 | subscriber does not receive the channel or programming. | ||||||
22 | (3) In providing sexually explicit adult programming | ||||||
23 | or other programming that is indecent on any channel of its | ||||||
24 | service primarily dedicated to sexually oriented | ||||||
25 | programming, the cable or video provider shall fully | ||||||
26 | scramble or otherwise fully block the video and audio |
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1 | portion of such channel so that a person who is
not a | ||||||
2 | subscriber to such channel or programming does not receive | ||||||
3 | it. | ||||||
4 | (4) Scramble means to rearrange the content of the | ||||||
5 | signal of the programming so that the programming cannot be | ||||||
6 | viewed or heard in an understandable manner. | ||||||
7 | (o) Cable or video providers will maintain a listing, | ||||||
8 | specific to the level of street address, of the areas where its | ||||||
9 | cable or video services are available. Customers who inquire | ||||||
10 | about purchasing cable or video service shall be informed about | ||||||
11 | whether the cable or video provider's cable or video services | ||||||
12 | are currently available to them at their specific location. | ||||||
13 | (p) Cable or video providers shall not disclose the name, | ||||||
14 | address, telephone number or other personally identifying | ||||||
15 | information of a cable service or video service customer to be | ||||||
16 | used in mailing lists or to be used for other commercial | ||||||
17 | purposes not reasonably related to the conduct of its business | ||||||
18 | unless the cable or video provider has provided to the customer | ||||||
19 | a notice, separately or included in any other customer service | ||||||
20 | notice, that clearly and conspicuously describes the | ||||||
21 | customer's ability to prohibit the disclosure. Cable or video | ||||||
22 | providers shall provide an address and telephone number for a | ||||||
23 | customer to use without a toll charge to prevent disclosure of | ||||||
24 | the customer's name and address in mailing lists or for other | ||||||
25 | commercial purposes not reasonably related to the conduct of | ||||||
26 | its business to other businesses or affiliates of the cable or |
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1 | video provider. Cable or video providers shall comply with the | ||||||
2 | consumer privacy requirements of the Communications Consumer | ||||||
3 | Privacy Act, the Restricted Call Registry Act, and 47 U.S.C. | ||||||
4 | 551 that are in effect as of June 30, 2007 (the effective date | ||||||
5 | of Public Act 95-9)
and as amended thereafter. | ||||||
6 | (q) Cable or video providers shall implement an informal | ||||||
7 | process for handling inquiries from local units of government | ||||||
8 | and customers concerning billing issues, service issues, | ||||||
9 | privacy concerns, and other consumer complaints. In the event | ||||||
10 | that an issue is not resolved through this informal process, a | ||||||
11 | local unit of government or the customer may request nonbinding | ||||||
12 | mediation with the cable or video provider, with each party to | ||||||
13 | bear its own costs of such mediation. Selection of the mediator | ||||||
14 | will be by mutual agreement, and preference will be given to | ||||||
15 | mediation services that do not charge the consumer for their | ||||||
16 | services. In the event that the informal process does not | ||||||
17 | produce a satisfactory result to the customer or the local unit | ||||||
18 | of government, enforcement may be pursued as provided in | ||||||
19 | subdivision (4) of subsection (r) of this Section. | ||||||
20 | (r) The Attorney General and the local unit of government | ||||||
21 | may enforce all of the customer service and privacy protection | ||||||
22 | standards of this Section with respect to complaints received | ||||||
23 | from residents within the local unit of government's | ||||||
24 | jurisdiction, but it may not adopt or seek to enforce any | ||||||
25 | additional or different customer service or performance | ||||||
26 | standards under any other authority or provision of law. |
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1 | (1) The local unit of government may, by ordinance, | ||||||
2 | provide a schedule of penalties for any material breach of | ||||||
3 | this Section by cable or video providers in addition to the | ||||||
4 | penalties provided herein. No monetary penalties shall be | ||||||
5 | assessed for a material breach if it is out of the | ||||||
6 | reasonable control of the cable or video providers or its | ||||||
7 | affiliate. Monetary penalties adopted in an ordinance | ||||||
8 | pursuant to this Section shall apply on a competitively | ||||||
9 | neutral basis to all providers of cable service or video | ||||||
10 | service within the local unit of government's | ||||||
11 | jurisdiction. In
no event shall the penalties imposed under | ||||||
12 | this subsection (r) exceed $750 for each day of the | ||||||
13 | material breach, and these penalties shall not exceed | ||||||
14 | $25,000 for each occurrence of a material breach per | ||||||
15 | customer. | ||||||
16 | (2) For purposes of this Section, "material breach" | ||||||
17 | means any substantial
failure of a cable or video service | ||||||
18 | provider to comply with service quality and other standards | ||||||
19 | specified in any provision of this Act. The Attorney | ||||||
20 | General or the local unit of government shall give the | ||||||
21 | cable or video provider written notice of any alleged | ||||||
22 | material breaches of this Act and allow such provider at | ||||||
23 | least 30 days from receipt of the notice to remedy the | ||||||
24 | specified material breach. | ||||||
25 | (3) A material breach, for the purposes of assessing | ||||||
26 | penalties, shall be deemed to have occurred for each day |
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1 | that a material breach has not been remedied by the cable | ||||||
2 | service or video service provider after the expiration of | ||||||
3 | the period specified in subdivision (2) of this subsection | ||||||
4 | (r)
in each local unit of government's jurisdiction, | ||||||
5 | irrespective of the number of customers affected. | ||||||
6 | (4) Any customer, the Attorney General, or a local unit | ||||||
7 | of government may pursue alleged violations of this Act by | ||||||
8 | the cable or video provider in a court of competent | ||||||
9 | jurisdiction. A cable or video provider may seek judicial | ||||||
10 | review of a decision of a local unit of government imposing | ||||||
11 | penalties in a court of competent jurisdiction. No local | ||||||
12 | unit of government shall be subject to suit for damages or | ||||||
13 | other relief based upon its action in connection with its | ||||||
14 | enforcement or review of any of the terms, conditions, and | ||||||
15 | rights contained in this Act except a court may require the | ||||||
16 | return of any penalty it finds was not properly assessed or | ||||||
17 | imposed. | ||||||
18 | (s) Cable or video providers shall credit customers for | ||||||
19 | violations in the amounts stated herein. The credits shall be | ||||||
20 | applied on the statement issued to the customer for the next | ||||||
21 | monthly billing cycle following the violation or following the | ||||||
22 | discovery of the violation. Cable or video providers are | ||||||
23 | responsible for providing the credits described herein and the | ||||||
24 | customer is under no obligation to request the credit. If the | ||||||
25 | customer is no longer taking service from the cable or video | ||||||
26 | provider, the credit amount will be refunded to the customer by |
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1 | check within 30 days of the termination of service. A local | ||||||
2 | unit of government may, by ordinance, adopt a schedule of | ||||||
3 | credits payable directly to customers for breach of the | ||||||
4 | customer service standards and obligations contained in this | ||||||
5 | Article, provided the schedule of customer credits applies on a | ||||||
6 | competitively neutral basis to all providers of cable service | ||||||
7 | or video service in the local unit of government's jurisdiction | ||||||
8 | and the credits are not greater than the credits provided in | ||||||
9 | this Section. | ||||||
10 | (1) Failure to provide notice of customer service | ||||||
11 | standards upon initiation of service: $25.00. | ||||||
12 | (2) Failure to install service within 7 days: Waiver of | ||||||
13 | 50% of the installation fee or the monthly fee for the | ||||||
14 | lowest-cost basic service, whichever is greater. Failure | ||||||
15 | to install service within 14 days: Waiver of 100% of the | ||||||
16 | installation fee or the monthly fee for the lowest-cost | ||||||
17 | basic service, whichever is greater. | ||||||
18 | (3) Failure to remedy service interruptions or poor | ||||||
19 | video or audio service quality within 48 hours: Pro-rata | ||||||
20 | credit of total regular monthly charges equal to the number | ||||||
21 | of days of the service interruption. | ||||||
22 | (4) Failure to keep an appointment or to notify the | ||||||
23 | customer prior to the close of business on the business day | ||||||
24 | prior to the scheduled appointment: $25.00. | ||||||
25 | (5) Violation of privacy protections: $150.00. | ||||||
26 | (6) Failure to comply with scrambling requirements: |
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| |||||||
1 | $50.00 per month. | ||||||
2 | (7) Violation of customer service and billing | ||||||
3 | standards in subsections (c) and (d) of this Section: | ||||||
4 | $25.00 per occurrence. | ||||||
5 | (8) Violation of the bundling rules in subsection
(h) | ||||||
6 | of this Section: $25.00 per month. | ||||||
7 | (t) The enforcement powers granted to the Attorney General | ||||||
8 | in Article XXI of this
Act shall apply to this Article, except | ||||||
9 | that the Attorney General may not seek penalties for violation | ||||||
10 | of this Article
other than in the amounts specified herein. | ||||||
11 | Nothing in this Section shall limit or affect the powers of the | ||||||
12 | Attorney General to enforce the provisions of Article XXI
of | ||||||
13 | this
Act or the Consumer Fraud and Deceptive Business Practices | ||||||
14 | Act. | ||||||
15 | (u) This Article
applies to all cable and video providers | ||||||
16 | in the State, including but not limited to those operating | ||||||
17 | under a local franchise as that term is used in 47 U.S.C. | ||||||
18 | 522(9), those operating under authorization pursuant to | ||||||
19 | Section 11-42-11 of the Illinois Municipal Code, those | ||||||
20 | operating under authorization pursuant to Section 5-1095 of the | ||||||
21 | Counties Code, and those operating under a State-issued | ||||||
22 | authorization pursuant to Article XXI of this
Act.
| ||||||
23 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
| ||||||
24 | (220 ILCS 5/13-402.1 rep.) | ||||||
25 | (220 ILCS 5/13-408 rep.) |
| |||||||
| |||||||
1 | (220 ILCS 5/13-409 rep.) | ||||||
2 | (220 ILCS 5/13-505.1 rep.) | ||||||
3 | (220 ILCS 5/13-505.7 rep.) | ||||||
4 | (220 ILCS 5/13-506 rep.) | ||||||
5 | (220 ILCS 5/13-511 rep.) | ||||||
6 | (220 ILCS 5/13-802 rep.) | ||||||
7 | Section 15. The Public Utilities Act is amended by | ||||||
8 | repealing Sections 13-402.1, 13-408, 13-409, 13-505.1, | ||||||
9 | 13-505.7, 13-506, 13-511, and 13-802.
| ||||||
10 | Section 90. Nothing in this amendatory Act of the 96th | ||||||
11 | General Assembly shall be construed or interpreted to abate, | ||||||
12 | suspend, alter, or otherwise affect (i) any decision or (ii) | ||||||
13 | any condition that is rendered by the Illinois Commerce | ||||||
14 | Commission pursuant to Section 7-204 of the Illinois Public | ||||||
15 | Utilities Act between April 1, 2010 and July 1, 2010.
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16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 |