AUTHORITY: Implementing Sections 13-101, 13-304, 13-305, and 13-712 and authorized by Section 10-101 of the Public Utilities Act [220 ILCS 5/13-101, 13-304, 13-305, 13-712, and 10-101].

SOURCE: Adopted at 32 Ill. Reg. 18935, effective December 1, 2008; amended at 38 Ill. Reg. 21064, effective October 23, 2014; amended at 41 Ill. Reg. 4737, effective April 19, 2017; amended at 47 Ill. Reg. 1667, effective January 18, 2023.

SUBPART A: GENERAL

 

Section 736.100  Application of Part

 

This Part shall apply to all wireless eligible telecommunication carriers (WETCs) offering or providing either competitive or noncompetitive telecommunications services as defined in Sections 13-209 and 13-210 of the Public Utilities Act [220 ILCS 5/13-209, 13-210].  This Part shall only apply to the relationship between a serving WETC and its end user.  This Part shall not apply to the relationship between a serving WETC that provides wholesale facilities or services to another serving WETC for provisioning of services to its retail end user customers. For WETCs that are designated as ETC providers for the sole purpose of receiving federal universal service Lifeline support, this Part shall only apply to the Lifeline Supported Services of those WETCs.

 

(Source:  Amended at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.105  Definitions

 

As used in this Part, the following terms shall have these definitions:

 

"Act" means the Public Utilities Act [220 ILCS 5].

 

"Commission" means the Illinois Commerce Commission.

 

"Customer" means any person, building owner, firm, partnership, corporation, municipality, cooperative, organization, governmental agency, etc., provided with WETC telecommunications services as defined in Section 13-204 of the Act [220 ILCS 5/13-204].  "Customer" may also be referred to as "end user."

 

"End user" means any person, building owner, firm, partnership, corporation, municipality, cooperative, organization, governmental agency, etc., provided with WETC regulated telecommunications service for consumption, not for resale, as defined in Section 13-204 of the Act [220 ILCS 5/13-204].  "End user" may also be referred to as "customer."

 

"Lifeline" means the retail local service offering defined and established at 47 CFR 54.401 as of February 6, 2013.  This incorporation does not include any later amendments or editions.

 

"Map" means a drawing showing a geographical area in which a WETC furnishes regulated telecommunications services.

 

"Regulated telecommunications service" means the ability to transmit and receive voice service over the WETC's network at the end user's residence or business location, as identified by the billing or designated address of the account.  Regulated telecommunications service refers to Commission regulation, and does not include WETC network performance in other service territories (e.g., roaming) or from other cellular towers at locations away from the billing or designated address.

 

"Wireless Eligible Telecommunications Carrier" or "WETC" means a wireless telecommunications carrier that has been designated by the Commission as eligible to receive federal universal service funds.

 

(Source:  Amended at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.110  Waiver

 

The Commission, on application of a company, customer, applicant, or end user or on its own motion, may grant a temporary or permanent waiver from this Part, or any subsections contained in this Part, in individual cases where the Commission finds, after notice and hearing, that:

 

a)         The provision from which the waiver is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the waiver; and

 

c)         The rule from which the waiver is granted would, as applied to the particular case, be unreasonable or unnecessarily burdensome.

 

Section 736.115  Reporting (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.120  Enforcement

 

Upon complaint or its own motion, the Commission may find, pursuant to a proceeding conducted under the authority of Section 10-101 of the Public Utilities Act [220 ILCS 5/10-101], that a WETC has not met the requirements or standards established in this Part.  Upon such a finding, the Commission may impose monetary penalties in its discretion under the authority granted it under the Act or choose to withdraw or withhold its positive recommendation, certification or designation to the Federal Communications Commission (FCC) regarding the WETC's eligibility to receive universal service funding.

SUBPART B: ENGINEERING

 

Section 736.300  Construction and Maintenance of Plant and Equipment (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.305  Emergency Operation

 

a)         Each WETC shall make provisions to meet emergencies resulting from failures of commercial or power service, sudden and prolonged increases in traffic, illness of personnel, fire, storm, or other natural disasters.  Each WETC shall inform employees as to procedures to be followed in the event of emergency in order to prevent or minimize interruption or impairment of regulated telecommunications service.

 

b)         Each WETC shall maintain a reasonable amount of back-up power to ensure functionality without an external power source, be able to reroute traffic around damaged facilities, and be capable of managing traffic spikes resulting from emergency situations.

 

(Source:  Amended at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.310  Incorporation of National Codes and Standards (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

SUBPART C: STANDARDS OF QUALITY OF SERVICE

 

Section 736.500  Adequacy of Service

 

Each WETC shall comply with the service quality and consumer protection provisions contained in the Wireless Association^® (CTIA) Consumer Code for Wireless Service (CTIA Code).  The Commission adopts the version in effect on August 24, 2015.  The CTIA Code may be viewed on the Commission's web site at:  http://www.icc.illinois.gov. 

 

(Source:  Amended at 41 Ill. Reg. 4737, effective April 19, 2017)

 

Section 736.505  Answering Time (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.510  Interoffice Trunks (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.515  Dropped Calls and Signal Strength (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.520  Service Outages and Notification (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.525  Installation Requests − Failure to Provide Service (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.530  Trouble Reports (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.540  Directory Notification (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

SUBPART D: OTHER WETC REQUIREMENTS

 

Section 736.550  Obligation to Serve (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.555  WETC Service Area

 

a)         Each WETC shall file with the Commission:

 

1)         a list of exchanges for which it is granted ETC status. If a WETC's Commission-defined ETC service area includes a portion of an exchange, but less than the entire exchange, then that exchange shall be included on the exchange list and shall be identified as being served "in part", or

 

2)         a list of census blocks for which it is granted ETC status.

 

b)         Each WETC shall file with the Commission a map of its designated ETC service area, in accordance with the WETC's ETC designation.

 

c)         Each map shall show the boundary lines of the WETC's Commission designated ETC service area. ETC service area boundaries shall be identified according to:

 

1)         labeled rate exchange areas (exchanges) for all exchanges included in their entirety within the ETC service area. Any exchange served only in part shall have the ETC service area boundary displayed by section lines, waterways, railroads or roads for any portion of that boundary located on section lines, waterways, railroads or roads. Any portion of the boundary line not located on section lines, waterways, railroads or roads shall be displayed by appropriate measurement to an identifiable location; or

 

2)         labeled census blocks.

 

d)         The name of the WETC filing the map shall be placed at the top left corner of the map, and the words "(Name of carrier) ETC Service Area Boundary Map" shall be placed at the right top corner of the map.  The first filing of a map shall display the word "Original" immediately below the words "(Name of carrier) ETC Service Area Boundary Map".  If the map is subsequently refiled, the words "First Revision" shall replace the word "Original", and on each subsequent refiling the next higher number shall replace the number preceding the word "Revision" on the previous map filed.  The docket number and the date of the order granting ETC Status shall also appear at the right top corner of the map.

 

e)         Each WETC shall maintain and make available for public inspection a map of its ETC service area consistent with all requirements of this Part.

 

(Source:  Amended at 47 Ill. Reg. 1667, effective January 18, 2023)

 

Section 736.610  Customer Billing (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.620  Deferred Payment Agreements (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.630  Applicants for Service (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.640  Present Customers (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.650  Deposits (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.660  Discontinuance or Refusal of Service (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.670  Illness Provision (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.680  Payment for Service (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.685  Past Due Bills (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.690  Service Restoration Charge (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.695  Dispute Procedures (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.700  Commission Complaint Procedures (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.705  Second Language (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)

 

Section 736.710  Customer Information Booklet (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)




Section 736.APPENDIX A   Notice of Discontinuance of Service (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)




 

Section 736.APPENDIX B   Requirements to Avoid Shutoff of Service in the Event of Illness (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 21064, effective October 23, 2014)