Rep. Michael J. Zalewski

Filed: 4/23/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1187

2    AMENDMENT NO. ______. Amend House Bill 1187 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Small Wireless Facilities Deployment Act is
5amended by changing Section 7 as follows:
 
6    (50 ILCS 835/7)
7    (This Section may contain text from a Public Act with a
8delayed effective date)
9    (Section scheduled to be repealed on June 1, 2021)
10    Sec. 7. Applicability. This Act does not apply to a
11municipality: (i) located in whole or in part within a county
12with a population of 3,000,000 or more that has adopted an
13ordinance that regulates the collocation, siting, or placement
14of small wireless facilities on or before April 18, 2018; or
15(ii) with a population between 110,000 and 120,000 with a
16population of 1,000,000 or more.

 

 

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1(Source: P.A. 100-585, eff. 6-1-18.)
 
2    Section 10. The Public Utilities Act is amended by changing
3Section 13-406.1 as follows:
 
4    (220 ILCS 5/13-406.1)
5    (Section scheduled to be repealed on December 31, 2020)
6    Sec. 13-406.1. Large Electing Provider transition to
7IP-based networks and service.
8    (a) As used in this Section:
9    "Alternative voice service" means service that includes
10all of the applicable functionalities for voice telephony
11services described in 47 CFR 54.101(a).
12    "Existing customer" means a residential customer of the
13Large Electing Provider who is subscribing to a
14telecommunications service on the date the Large Electing
15Provider sends its notice under paragraph (1) of subsection (c)
16of this Section of its intent to cease offering and providing
17service. For purposes of this Section, a residential customer
18of the Large Electing Provider whose service has been
19temporarily suspended, but not finally terminated as of the
20date that the Large Electing Provider sends that notice, shall
21be deemed to be an "existing customer".
22    "Large Electing Provider" means an Electing Provider, as
23defined in Section 13-506.2 of this Act, that (i) reported in
24its annual competition report for the year 2016 filed with the

 

 

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1Commission under Section 13-407 of this Act and 83 Ill. Adm.
2Code 793 that it provided at least 25,000 700,000 access lines
3to end users; and that did not itself, or by an affiliate,
4receive funding from the universal service support fund
5established by the Commission under item (d) of subsection (1)
6of Section 13-301 (ii) is affiliated with a provider of
7commercial mobile radio service, as defined in 47 CFR 20.3, as
8of January 1, 2017.
9    "New customer" means a residential customer who is not
10subscribing to a telecommunications service provided by the
11Large Electing Provider on the date the Large Electing Provider
12sends its notice under paragraph (1) of subsection (c) of this
13Section of its intent to cease offering and providing that
14service.
15    "Provider" includes every corporation, company,
16association, firm, partnership, and individual and their
17lessees, trustees, or receivers appointed by a court that sell
18or offer to sell an alternative voice service.
19    "Reliable access to 9-1-1" means access to 9-1-1 that
20complies with the applicable rules, regulations, and
21guidelines established by the Federal Communications
22Commission and the applicable provisions of the Emergency
23Telephone System Act and implementing rules.
24    "Willing provider" means a provider that voluntarily
25participates in the request for service process.
26    (b) Beginning June 30, 2017, a Large Electing Provider may,

 

 

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1to the extent permitted by and consistent with federal law,
2including, as applicable, approval by the Federal
3Communications Commission of the discontinuance of the
4interstate-access component of a telecommunications service,
5cease to offer and provide a telecommunications service to an
6identifiable class or group of customers, other than voice
7telecommunications service to residential customers or a
8telecommunications service to a class of customers under
9subsection (b-5) of this Section, upon 60 days' notice to the
10Commission and affected customers.
11    (b-5) Notwithstanding any provision to the contrary in this
12Section 13-406.1, beginning December 31, 2021, a Large Electing
13Provider may, to the extent permitted by and consistent with
14federal law, including, if applicable, approval by the Federal
15Communications Commission of the discontinuance of the
16interstate-access component of a telecommunication service,
17cease to offer and provide a telecommunications service to one
18or more of the following classes or groups of customers upon 60
19days' notice to the Commission and affected customers: (1)
20electric utilities, as defined in Section 16-102 of this Act;
21(2) public utilities, as defined in Section 3-105 of this Act,
22that offers natural gas or water services; (3) electric, gas,
23and water utilities that are excluded from the definition of
24public utility under paragraph (1) of subsection (b) of Section
253-105 of this Act; (4) water companies as described in
26paragraph (2) of subsection (b) of Section 3-105 of this Act;

 

 

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1(5) natural gas cooperatives as described in paragraph (4) of
2subsection (b) of Section 3-105 of this Act; (6) electric
3cooperatives as defined in Section 3-119 of this Act; (7)
4entities engaged in the commercial generation of electric power
5and energy; (8) the functional divisions of public agencies, as
6defined in Section 2 of the Emergency Telephone System Act,
7that provide police or firefighting services; and (9) 9-1-1
8Authorities, as defined in Section 2 of the Emergency Telephone
9System Act; provided that the date shall be extended to
10December 21, 2022, for (i) an electric utility, as defined in
11Section 16-102 of this Act, that serves more than 3 million
12customers in the State; and (ii) an entity engaged in the
13commercial generation of electric power and energy that
14operates one or more nuclear power plants in the State.
15    (c) Beginning June 30, 2017, a Large Electing Provider may,
16to the extent permitted by and consistent with federal law,
17cease to offer and provide voice telecommunications service to
18an identifiable class or group of residential customers, which,
19for the purposes of this subsection (c), shall be referred to
20as "requested service", subject to compliance with the
21following requirements:
22        (1) No less than 255 days prior to providing notice to
23    the Federal Communications Commission of its intent to
24    discontinue the interstate-access component of the
25    requested service, the Large Electing Provider shall:
26            (A) file a notice of the proposed cessation of the

 

 

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1        requested service with the Commission, which shall
2        include a statement that the Large Electing Provider
3        will comply with any service discontinuance rules and
4        regulations of the Federal Communications Commission
5        pertaining to compatibility of alternative voice
6        services with medical monitoring devices; and
7            (B) provide notice of the proposed cessation of the
8        requested service to each of the Large Electing
9        Provider's existing customers within the affected
10        geographic area by first-class mail separate from
11        customer bills. If the customer has elected to receive
12        electronic billing, the notice shall be sent
13        electronically and by first-class mail separate from
14        customer bills. The notice provided under this
15        subparagraph (B) shall describe the requested service,
16        identify the earliest date on which the Large Electing
17        Provider intends to cease offering or providing the
18        telecommunications service, provide a telephone number
19        by which the existing customer may contact a service
20        representative of the Large Electing Provider, and
21        provide a telephone number by which the existing
22        customer may contact the Commission's Consumer
23        Services Division. The notice shall also include the
24        following statement:
25                "If you do not believe that an alternative
26            voice service including reliable access to 9-1-1

 

 

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1            is available to you, from either [name of Large
2            Electing Provider] or another provider of wired or
3            wireless voice service where you live, you have the
4            right to request the Illinois Commerce Commission
5            to investigate the availability of alternative
6            voice service including reliable access to 9-1-1.
7            To do so, you must submit such a request either in
8            writing or by signing and returning a copy of this
9            notice, no later than (insert date), 60 days after
10            the date of the notice to the following address:
11            Chief Clerk of the Illinois Commerce Commission
12            527 East Capitol Avenue
13            Springfield, Illinois 62706
14                You must include in your request a reference to
15            the notice you received from [Large Electing
16            Provider's name] and the date of notice.".
17            Thirty days following the date of notice, the Large
18        Electing Provider shall provide each customer to which
19        the notice was sent a follow-up notice containing the
20        same information and reminding customers of the
21        deadline for requesting the Commission to investigate
22        alternative voice service with access to 9-1-1.
23        (2) After June 30, 2017, and only in a geographic area
24    for which a Large Electing Provider has provided notice of
25    proposed cessation of the requested service to existing
26    customers under paragraph (1) of this subsection (c), an

 

 

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1    existing customer of that provider may, within 60 days
2    after issuance of such notice, request the Commission to
3    investigate the availability of alternative voice service
4    including reliable access to 9-1-1 to that customer. For
5    the purposes of this paragraph (2), existing customers who
6    make such a request are referred to as "requesting existing
7    customers". The Large Electing Provider may cease to offer
8    or provide the requested service to existing customers who
9    do not make a request for investigation beginning 30 days
10    after issuance of the notice required by paragraph (5) of
11    this subsection (c).
12            (A) In response to all requests and investigations
13        under this paragraph (2), the Commission shall conduct
14        a single investigation to be commenced 75 days after
15        the receipt of notice under paragraph (1) of this
16        subsection (c), and completed within 135 days after
17        commencement. The Commission shall, within 135 days
18        after commencement of the investigation, make one of
19        the findings described in subdivisions (i) and (ii) of
20        this subparagraph (A) for each requesting existing
21        customer.
22                (i) If, as a result of the investigation, the
23            Commission finds that service from at least one
24            provider offering alternative voice service
25            including reliable access to 9-1-1 through any
26            technology or medium is available to one or more

 

 

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1            requesting existing customers, the Commission
2            shall declare by order that, with respect to each
3            requesting existing customer for which such a
4            finding is made, the Large Electing Provider may
5            cease to offer or provide the requested service
6            beginning 30 days after the issuance of the notice
7            required by paragraph (5) of this subsection (c).
8                (ii) If, as a result of the investigation, the
9            Commission finds that service from at least one
10            provider offering alternative voice service,
11            including reliable access to 9-1-1, through any
12            technology or medium is not available to one or
13            more requesting existing customers, the Commission
14            shall declare by order that an emergency exists
15            with respect to each requesting existing customer
16            for which such a finding is made.
17            (B) If the Commission declares an emergency under
18        subdivision (ii) of subparagraph (A) of this paragraph
19        (2) with respect to one or more requesting existing
20        customers, the Commission shall conduct a request for
21        service process to identify a willing provider of
22        alternative voice service including reliable access to
23        9-1-1. A provider shall not be required to participate
24        in the request for service process. The willing
25        provider may utilize any form of technology that is
26        capable of providing alternative voice service

 

 

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1        including reliable access to 9-1-1, including, without
2        limitation, Voice over Internet Protocol services and
3        wireless services. The Commission shall, within 45
4        days after the issuance of an order finding that an
5        emergency exists, make one of the determinations
6        described in subdivisions (i) and (ii) of this
7        subparagraph (B) for each requesting existing customer
8        for which an emergency has been declared.
9                (i) If the Commission determines that another
10            provider is willing and capable of providing
11            alternative voice service including reliable
12            access to 9-1-1 to one or more requesting existing
13            customers for which an emergency has been
14            declared, the Commission shall declare by order
15            that, with respect to each requesting existing
16            customer for which such a determination is made,
17            the Large Electing Provider may cease to offer or
18            provide the requested service beginning 30 days
19            after the issuance of the notice required by
20            paragraph (5) of this Section.
21                (ii) If the Commission determines that for one
22            or more of the requesting existing customers for
23            which an emergency has been declared there is no
24            other provider willing and capable of providing
25            alternative voice service including reliable
26            access to 9-1-1, the Commission shall issue an

 

 

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1            order requiring the Large Electing Provider to
2            provide alternative voice service including
3            reliable access to 9-1-1 to each requesting
4            existing customer utilizing any form of technology
5            capable of providing alternative voice service
6            including reliable access to 9-1-1, including,
7            without limitation, continuation of the requested
8            service, Voice over Internet Protocol services,
9            and wireless services, until another willing
10            provider is available. A Large Electing Provider
11            may fulfill the requirement through an affiliate
12            or another provider. The Large Electing Provider
13            may request that such an order be rescinded upon a
14            showing that an alternative voice service
15            including reliable access to 9-1-1 has become
16            available to the requesting existing customer from
17            another provider.
18        (3) If the Commission receives no requests for
19    investigation from any existing customer under paragraph
20    (2) of this subsection (c) within 60 days after issuance of
21    the notice under paragraph (1) of this subsection (c), the
22    Commission shall provide written notice to the Large
23    Electing Provider of that fact no later than 75 days after
24    receipt of notice under paragraph (1) of this subsection
25    (c). Notwithstanding any provision of this subsection (c)
26    to the contrary, if no existing customer requests an

 

 

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1    investigation under paragraph (2) of this subsection (c),
2    the Large Electing Provider may immediately provide the
3    notice to the Federal Communications Commission as
4    described in paragraph (4) of this subsection (c).
5        (4) At the same time that it provides notice to the
6    Federal Communications Commission of its intent to
7    discontinue the interstate-access component of the
8    requested service, the Large Electing Provider shall:
9            (A) file a notice of proposal to cease to offer and
10        provide the requested service with the Commission; and
11            (B) provide a notice of proposal to cease to offer
12        and provide the requested service to existing
13        customers and new customers receiving the service at
14        the time of the notice within each affected geographic
15        area, with the notice made by first-class mail or
16        within customer bills delivered by mail or equivalent
17        means of notice, including electronic means if the
18        customer has elected to receive electronic billing.
19        The notice provided under this subparagraph (B) shall
20        include a brief description of the requested service,
21        the date on which the Large Electing Provider intends
22        to cease offering or providing the telecommunications
23        service, and a statement as required by 47 CFR 63.71
24        that describes the process by which the customer may
25        submit comments to the Federal Communications
26        Commission.

 

 

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1        (5) Upon approval by the Federal Communications
2    Commission of its request to discontinue the
3    interstate-access component of the requested service and
4    subject to the requirements of any order issued by the
5    Commission under subdivision (ii) of subparagraph (B) of
6    paragraph (2) of this subsection (c), the Large Electing
7    Provider may immediately cease to offer the requested
8    service to all customers not receiving the service on the
9    date of the Federal Communications Commission's approval
10    and may cease to offer and provide the requested service to
11    all customers receiving the service at the time of the
12    Federal Communications Commission's approval upon 30 days'
13    notice to the Commission and affected customers. Notice to
14    affected customers under this paragraph (5) shall be
15    provided by first-class mail separate from customer bills.
16    The notice provided under this paragraph (5) shall describe
17    the requested service, identify the date on which the Large
18    Electing Provider intends to cease offering or providing
19    the telecommunications service, and provide a telephone
20    number by which the existing customer may contact a service
21    representative of the Large Electing Provider.
22        (6) The notices provided for in paragraph (1) of this
23    subsection (c) are not required as a prerequisite for the
24    Large Electing Provider to cease to offer or provide a
25    telecommunications service in a geographic area where
26    there are no residential customers taking service from the

 

 

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1    Large Electing Provider on the date that the Large Electing
2    Provider files notice to the Federal Communications
3    Commission of its intent to discontinue the
4    interstate-access component of the requested service in
5    that geographic area.
6        (7) For a period of 45 days following the date of a
7    notice issued under paragraph (5) of this Section, an
8    existing customer (i) who is located in the affected
9    geographic area subject to that notice; (ii) who was
10    receiving the requested service as of the date of the
11    Federal Communications Commission's approval of the Large
12    Electing Provider's request to discontinue the
13    interstate-access component of the requested service;
14    (iii) who did not make a timely request for investigation
15    under paragraph (2) of this subsection (c); and (iv) whose
16    service will be or has been discontinued under paragraph
17    (5), may request assistance from the Large Electing
18    Provider in identifying providers of alternative voice
19    service including reliable access to 9-1-1. Within 15 days
20    of the request, the Large Electing Provider shall provide
21    the customer with a list of alternative voice service
22    providers.
23        (8) Notwithstanding any other provision of this Act,
24    except as expressly authorized by this subsection (c), the
25    Commission may not, upon its own motion or upon complaint,
26    investigate, suspend, disapprove, condition, or otherwise

 

 

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1    regulate the cessation of a telecommunications service to
2    an identifiable class or group of customers once initiated
3    by a Large Electing Provider under subsection (b) or (b-5)
4    of this Section or this subsection (c).
5(Source: P.A. 100-20, eff. 7-1-17.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law, except that Section 5 takes effect upon becoming
8law or on June 1, 2018 (the effective date of Public Act
9100-585), whichever is later.".