Sen. Bill Cunningham

Filed: 6/27/2017

 

 


 

 


 
10000HB1811sam003LRB100 08000 SLF 27779 a

1
AMENDMENT TO HOUSE BILL 1811

2    AMENDMENT NO. ______. Amend House Bill 1811, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 3. The Freedom of Information Act is amended by
6changing Section 7.5 as follows:
 
7    (5 ILCS 140/7.5)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be exempt
10from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.

 

 

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1        (c) Applications, related documents, and medical
2    records received by the Experimental Organ Transplantation
3    Procedures Board and any and all documents or other records
4    prepared by the Experimental Organ Transplantation
5    Procedures Board or its staff relating to applications it
6    has received.
7        (d) Information and records held by the Department of
8    Public Health and its authorized representatives relating
9    to known or suspected cases of sexually transmissible
10    disease or any information the disclosure of which is
11    restricted under the Illinois Sexually Transmissible
12    Disease Control Act.
13        (e) Information the disclosure of which is exempted
14    under Section 30 of the Radon Industry Licensing Act.
15        (f) Firm performance evaluations under Section 55 of
16    the Architectural, Engineering, and Land Surveying
17    Qualifications Based Selection Act.
18        (g) Information the disclosure of which is restricted
19    and exempted under Section 50 of the Illinois Prepaid
20    Tuition Act.
21        (h) Information the disclosure of which is exempted
22    under the State Officials and Employees Ethics Act, and
23    records of any lawfully created State or local inspector
24    general's office that would be exempt if created or
25    obtained by an Executive Inspector General's office under
26    that Act.

 

 

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1        (i) Information contained in a local emergency energy
2    plan submitted to a municipality in accordance with a local
3    emergency energy plan ordinance that is adopted under
4    Section 11-21.5-5 of the Illinois Municipal Code.
5        (j) Information and data concerning the distribution
6    of surcharge moneys collected and remitted by wireless
7    carriers under the Wireless Emergency Telephone System
8    Safety Act.
9        (k) Law enforcement officer identification information
10    or driver identification information compiled by a law
11    enforcement agency or the Department of Transportation
12    under Section 11-212 of the Illinois Vehicle Code.
13        (l) Records and information provided to a residential
14    health care facility resident sexual assault and death
15    review team or the Executive Council under the Abuse
16    Prevention Review Team Act.
17        (m) Information provided to the predatory lending
18    database created pursuant to Article 3 of the Residential
19    Real Property Disclosure Act, except to the extent
20    authorized under that Article.
21        (n) Defense budgets and petitions for certification of
22    compensation and expenses for court appointed trial
23    counsel as provided under Sections 10 and 15 of the Capital
24    Crimes Litigation Act. This subsection (n) shall apply
25    until the conclusion of the trial of the case, even if the
26    prosecution chooses not to pursue the death penalty prior

 

 

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1    to trial or sentencing.
2        (o) Information that is prohibited from being
3    disclosed under Section 4 of the Illinois Health and
4    Hazardous Substances Registry Act.
5        (p) Security portions of system safety program plans,
6    investigation reports, surveys, schedules, lists, data, or
7    information compiled, collected, or prepared by or for the
8    Regional Transportation Authority under Section 2.11 of
9    the Regional Transportation Authority Act or the St. Clair
10    County Transit District under the Bi-State Transit Safety
11    Act.
12        (q) Information prohibited from being disclosed by the
13    Personnel Records Review Act.
14        (r) Information prohibited from being disclosed by the
15    Illinois School Student Records Act.
16        (s) Information the disclosure of which is restricted
17    under Section 5-108 of the Public Utilities Act.
18        (t) All identified or deidentified health information
19    in the form of health data or medical records contained in,
20    stored in, submitted to, transferred by, or released from
21    the Illinois Health Information Exchange, and identified
22    or deidentified health information in the form of health
23    data and medical records of the Illinois Health Information
24    Exchange in the possession of the Illinois Health
25    Information Exchange Authority due to its administration
26    of the Illinois Health Information Exchange. The terms

 

 

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1    "identified" and "deidentified" shall be given the same
2    meaning as in the Health Insurance Portability and
3    Accountability Act of 1996, Public Law 104-191, or any
4    subsequent amendments thereto, and any regulations
5    promulgated thereunder.
6        (u) Records and information provided to an independent
7    team of experts under Brian's Law.
8        (v) Names and information of people who have applied
9    for or received Firearm Owner's Identification Cards under
10    the Firearm Owners Identification Card Act or applied for
11    or received a concealed carry license under the Firearm
12    Concealed Carry Act, unless otherwise authorized by the
13    Firearm Concealed Carry Act; and databases under the
14    Firearm Concealed Carry Act, records of the Concealed Carry
15    Licensing Review Board under the Firearm Concealed Carry
16    Act, and law enforcement agency objections under the
17    Firearm Concealed Carry Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

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1    information about the identity and administrative finding
2    against any caregiver of a verified and substantiated
3    decision of abuse, neglect, or financial exploitation of an
4    eligible adult maintained in the Registry established
5    under Section 7.5 of the Adult Protective Services Act.
6        (z) Records and information provided to a fatality
7    review team or the Illinois Fatality Review Team Advisory
8    Council under Section 15 of the Adult Protective Services
9    Act.
10        (aa) Information which is exempted from disclosure
11    under Section 2.37 of the Wildlife Code.
12        (bb) Information which is or was prohibited from
13    disclosure by the Juvenile Court Act of 1987.
14        (cc) Recordings made under the Law Enforcement
15    Officer-Worn Body Camera Act, except to the extent
16    authorized under that Act.
17        (dd) Information that is prohibited from being
18    disclosed under Section 45 of the Condominium and Common
19    Interest Community Ombudsperson Act.
20        (ee) (dd) Information that is exempted from disclosure
21    under Section 30.1 of the Pharmacy Practice Act.
22(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
23eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
2499-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
2599-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
268-19-16; revised 9-1-16.)
 

 

 

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1    Section 5. The Department of State Police Law of the Civil
2Administrative Code of Illinois is amended by changing Sections
32605-52 and 2605-475 as follows:
 
4    (20 ILCS 2605/2605-52)
5    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
6    (a) There shall be established an Office of the Statewide
79-1-1 Administrator within the Department. Beginning January
81, 2016, the Office of the Statewide 9-1-1 Administrator shall
9be responsible for developing, implementing, and overseeing a
10uniform statewide 9-1-1 system for all areas of the State
11outside of municipalities having a population over 500,000.
12    (b) The Governor shall appoint, with the advice and consent
13of the Senate, a Statewide 9-1-1 Administrator. The
14Administrator shall serve for a term of 2 years, and until a
15successor is appointed and qualified; except that the term of
16the first 9-1-1 Administrator appointed under this Act shall
17expire on the third Monday in January, 2017. The Administrator
18shall not hold any other remunerative public office. The
19Administrator shall receive an annual salary as set by the
20Governor.
21    (c) The Department, from appropriations made to it for that
22purpose, shall make grants to 9-1-1 Authorities for the purpose
23of defraying costs associated with 9-1-1 system consolidations
24awarded by the Administrator under Section 15.4b of the

 

 

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1Emergency Telephone System Act.
2(Source: P.A. 99-6, eff. 6-29-15.)
 
3    (20 ILCS 2605/2605-475)  (was 20 ILCS 2605/55a in part)
4    Sec. 2605-475. Wireless Emergency Telephone System Safety
5Act. The Department and Statewide 9-1-1 Administrator shall To
6exercise the powers and perform the duties specifically
7assigned to each the Department under the Wireless Emergency
8Telephone System Safety Act with respect to the development and
9improvement of emergency communications procedures and
10facilities in such a manner as to facilitate a quick response
11to any person calling the number "9-1-1" seeking police, fire,
12medical, or other emergency services through a wireless carrier
13as defined in Section 10 of the Wireless Emergency Telephone
14Safety Act. Nothing in the Wireless Emergency Telephone System
15Safety Act shall require the Department of Illinois State
16Police to provide wireless enhanced 9-1-1 services.
17(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
18    Section 10. The State Finance Act is amended by changing
19Section 8.37 as follows:
 
20    (30 ILCS 105/8.37)
21    Sec. 8.37. State Police Wireless Service Emergency Fund.
22    (a) The State Police Wireless Service Emergency Fund is
23created as a special fund in the State Treasury.

 

 

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1    (b) Grants or surcharge funds allocated to the Department
2of State Police from the Statewide 9-1-1 Wireless Service
3Emergency Fund shall be deposited into the State Police
4Wireless Service Emergency Fund and shall be used in accordance
5with Section 30 20 of the Wireless Emergency Telephone System
6Safety Act.
7    (c) On July 1, 1999, the State Comptroller and State
8Treasurer shall transfer $1,300,000 from the General Revenue
9Fund to the State Police Wireless Service Emergency Fund. On
10June 30, 2003 the State Comptroller and State Treasurer shall
11transfer $1,300,000 from the State Police Wireless Service
12Emergency Fund to the General Revenue Fund.
13(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
 
14    Section 15. The Emergency Telephone System Act is reenacted
15and is amended by changing Sections 2, 8, 10, 10.3, 12, 14,
1615.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6a, 19, 20, 30, 35, 40, 55,
17and 99 and by adding Sections 17.5 and 80 as follows:
 
18    (50 ILCS 750/Act title)
19An Act in relation to the designation of an emergency
20telephone number for use throughout the State.
 
21    (50 ILCS 750/0.01)  (from Ch. 134, par. 30.01)
22    Sec. 0.01. This Act shall be known and may be cited as the
23"Emergency Telephone System Act".

 

 

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1(Source: P.A. 85-978.)
 
2    (50 ILCS 750/1)  (from Ch. 134, par. 31)
3    Sec. 1. The General Assembly finds and declares that it is
4in the public interest to shorten the time required for a
5citizen to request and receive emergency aid. There currently
6exist thousands of different emergency phone numbers
7throughout the state, and present telephone exchange
8boundaries and central office service areas do not necessarily
9correspond to public safety and political boundaries.
10Provision of a single, primary three-digit emergency number
11through which emergency services can be quickly and efficiently
12obtained would provide a significant contribution to law
13enforcement and other public service efforts by making it less
14difficult to quickly notify public safety personnel. Such a
15simplified means of procuring emergency services will result in
16the saving of life, a reduction in the destruction of property,
17quicker apprehension of criminals, and ultimately the saving of
18money. The General Assembly further finds and declares that the
19establishment of a uniform, statewide emergency number is a
20matter of statewide concern and interest to all inhabitants and
21citizens of this State. It is the purpose of this Act to
22establish the number "9-1-1" as the primary emergency telephone
23number for use in this State and to encourage units of local
24government and combinations of such units to develop and
25improve emergency communication procedures and facilities in

 

 

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1such a manner as to be able to quickly respond to any person
2calling the telephone number "9-1-1" seeking police, fire,
3medical, rescue, and other emergency services.
4(Source: P.A. 85-978.)
 
5    (50 ILCS 750/2)  (from Ch. 134, par. 32)
6    Sec. 2. Definitions. As used in this Act, unless the
7context otherwise requires:
8    "9-1-1 network" means the network used for the delivery of
99-1-1 calls and messages over dedicated and redundant
10facilities to a primary or backup 9-1-1 PSAP that meets P.01
11grade of service standards for basic 9-1-1 and enhanced 9-1-1
12services or meets national I3 industry call delivery standards
13for Next Generation 9-1-1 services.
14    "9-1-1 system" means the geographic area that has been
15granted an order of authority by the Commission or the
16Statewide 9-1-1 Administrator to use "9-1-1" as the primary
17emergency telephone number.
18    "9-1-1 Authority" includes an Emergency Telephone System
19Board, Joint Emergency Telephone System Board, and a qualified
20governmental entity. "9-1-1 Authority" includes the Department
21of State Police only to the extent it provides 9-1-1 services
22under this Act.
23    "Administrator" means the Statewide 9-1-1 Administrator.
24    "Advanced service" means any telecommunications service
25with or without dynamic bandwidth allocation, including, but

 

 

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1not limited to, ISDN Primary Rate Interface (PRI), that,
2through the use of a DS-1, T-1, or other similar un-channelized
3or multi-channel transmission facility, is capable of
4transporting either the subscriber's inter-premises voice
5telecommunications services to the public switched network or
6the subscriber's 9-1-1 calls to the public agency.
7    "ALI" or "automatic location identification" means, in an
8E9-1-1 system, the automatic display at the public safety
9answering point of the caller's telephone number, the address
10or location of the telephone, and supplementary emergency
11services information.
12    "ANI" or "automatic number identification" means the
13automatic display of the 9-1-1 calling party's number on the
14PSAP monitor.
15    "Automatic alarm" and "automatic alerting device" mean any
16device that will access the 9-1-1 system for emergency services
17upon activation.
18    "Backup PSAP" means a public safety answering point that
19serves as an alternate to the PSAP for enhanced systems and is
20at a different location and operates independently from the
21PSAP. A backup PSAP may accept overflow calls from the PSAP or
22be activated if the primary PSAP is disabled.
23    "Board" means an Emergency Telephone System Board or a
24Joint Emergency Telephone System Board created pursuant to
25Section 15.4.
26    "Carrier" includes a telecommunications carrier and a

 

 

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1wireless carrier.
2    "Commission" means the Illinois Commerce Commission.
3    "Computer aided dispatch" or "CAD" means a computer-based
4system that aids PSAP telecommunicators by automating selected
5dispatching and recordkeeping activities database maintained
6by the public safety agency or public safety answering point
7used in conjunction with 9-1-1 caller data.
8    "Direct dispatch method" means a 9-1-1 service that
9provides for the direct dispatch by a PSAP telecommunicator of
10the appropriate unit upon receipt of an emergency call and the
11decision as to the proper action to be taken.
12    "Department" means the Department of State Police.
13    "DS-1, T-1, or similar un-channelized or multi-channel
14transmission facility" means a facility that can transmit and
15receive a bit rate of at least 1.544 megabits per second
16(Mbps).
17    "Dynamic bandwidth allocation" means the ability of the
18facility or customer to drop and add channels, or adjust
19bandwidth, when needed in real time for voice or data purposes.
20    "Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone
21system that includes dedicated network switching, database and
22PSAP premise elements capable of providing automatic location
23identification data, selective routing, database, ALI, ANI,
24selective transfer, fixed transfer, and a call back number,
25including any enhanced 9-1-1 service so designated by the
26Federal Communications Commission in its report and order in WC

 

 

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1Dockets Nos. 04-36 and 05-196, or any successor proceeding.
2    "ETSB" means an emergency telephone system board appointed
3by the corporate authorities of any county or municipality that
4provides for the management and operation of a 9-1-1 system.
5    "Hearing-impaired individual" means a person with a
6permanent hearing loss who can regularly and routinely
7communicate by telephone only through the aid of devices which
8can send and receive written messages over the telephone
9network.
10    "Hosted supplemental 9-1-1 service" means a database
11service that:
12        (1) electronically provides information to 9-1-1 call
13    takers when a call is placed to 9-1-1;
14        (2) allows telephone subscribers to provide
15    information to 9-1-1 to be used in emergency scenarios;
16        (3) collects a variety of formatted data relevant to
17    9-1-1 and first responder needs, which may include, but is
18    not limited to, photographs of the telephone subscribers,
19    physical descriptions, medical information, household
20    data, and emergency contacts;
21        (4) allows for information to be entered by telephone
22    subscribers through a secure website where they can elect
23    to provide as little or as much information as they choose;
24        (5) automatically displays data provided by telephone
25    subscribers to 9-1-1 call takers for all types of
26    telephones when a call is placed to 9-1-1 from a registered

 

 

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1    and confirmed phone number;
2        (6) supports the delivery of telephone subscriber
3    information through a secure internet connection to all
4    emergency telephone system boards;
5        (7) works across all 9-1-1 call taking equipment and
6    allows for the easy transfer of information into a computer
7    aided dispatch system; and
8        (8) may be used to collect information pursuant to an
9    Illinois Premise Alert Program as defined in the Illinois
10    Premise Alert Program (PAP) Act.
11    "Interconnected voice over Internet protocol provider" or
12"Interconnected VoIP provider" has the meaning given to that
13term under Section 13-235 of the Public Utilities Act.
14    "Joint ETSB" means a Joint Emergency Telephone System Board
15established by intergovernmental agreement of two or more
16municipalities or counties, or a combination thereof, to
17provide for the management and operation of a 9-1-1 system.
18    "Local public agency" means any unit of local government or
19special purpose district located in whole or in part within
20this State that provides or has authority to provide
21firefighting, police, ambulance, medical, or other emergency
22services.
23    "Mechanical dialer" means any device that either manually
24or remotely triggers a dialing device to access the 9-1-1
25system.
26    "Master Street Address Guide" or "MSAG" is a database of

 

 

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1street names and house ranges within their associated
2communities defining emergency service zones (ESZs) and their
3associated emergency service numbers (ESNs) to enable proper
4routing of 9-1-1 calls means the computerized geographical
5database that consists of all street and address data within a
69-1-1 system.
7    "Mobile telephone number" or "MTN" means the telephone
8number assigned to a wireless telephone at the time of initial
9activation.
10    "Network connections" means the number of voice grade
11communications channels directly between a subscriber and a
12telecommunications carrier's public switched network, without
13the intervention of any other telecommunications carrier's
14switched network, which would be required to carry the
15subscriber's inter-premises traffic and which connection
16either (1) is capable of providing access through the public
17switched network to a 9-1-1 Emergency Telephone System, if one
18exists, or (2) if no system exists at the time a surcharge is
19imposed under Section 15.3, that would be capable of providing
20access through the public switched network to the local 9-1-1
21Emergency Telephone System if one existed. Where multiple voice
22grade communications channels are connected to a
23telecommunications carrier's public switched network through a
24private branch exchange (PBX) service, there shall be
25determined to be one network connection for each trunk line
26capable of transporting either the subscriber's inter-premises

 

 

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1traffic to the public switched network or the subscriber's
29-1-1 calls to the public agency. Where multiple voice grade
3communications channels are connected to a telecommunications
4carrier's public switched network through centrex type
5service, the number of network connections shall be equal to
6the number of PBX trunk equivalents for the subscriber's
7service or other multiple voice grade communication channels
8facility, as determined by reference to any generally
9applicable exchange access service tariff filed by the
10subscriber's telecommunications carrier with the Commission.
11    "Network costs" means those recurring costs that directly
12relate to the operation of the 9-1-1 network as determined by
13the Statewide 9-1-1 Administrator with the advice of the
14Statewide 9-1-1 Advisory Board, which may include including,
15but need not be limited to, some or all of the following: costs
16for interoffice trunks, selective routing charges, transfer
17lines and toll charges for 9-1-1 services, Automatic Location
18Information (ALI) database charges, call box trunk circuit
19(including central office only and not including extensions to
20fire stations), independent local exchange carrier charges and
21non-system provider charges, carrier charges for third party
22database for on-site customer premises equipment, back-up PSAP
23trunks for non-system providers, periodic database updates as
24provided by carrier (also known as "ALI data dump"), regional
25ALI storage charges, circuits for call delivery (fiber or
26circuit connection), NG9-1-1 costs, and all associated fees,

 

 

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1taxes, and surcharges on each invoice. "Network costs" shall
2not include radio circuits or toll charges that are other than
3for 9-1-1 services.
4    "Next generation 9-1-1" or "NG9-1-1" means an Internet
5Protocol-based (IP-based) system comprised of managed ESInets,
6functional elements and applications, and databases that
7replicate traditional E9-1-1 features and functions and
8provide additional capabilities. "NG9-1-1" systems are
9designed to provide access to emergency services from all
10connected communications sources, and provide multimedia data
11capabilities for PSAPs and other emergency services
12organizations.
13    "NG9-1-1 costs" means those recurring costs that directly
14relate to the Next Generation 9-1-1 service as determined by
15the Statewide 9-1-1 Advisory Board, including, but not limited
16to, costs for Emergency System Routing Proxy (ESRP), Emergency
17Call Routing Function/Location Validation Function (ECRF/LVF),
18Spatial Information Function (SIF), the Border Control
19Function (BCF), and the Emergency Services Internet Protocol
20networks (ESInets), legacy network gateways, and all
21associated fees, taxes, and surcharges on each invoice.
22    "Private branch exchange" or "PBX" means a private
23telephone system and associated equipment located on the user's
24property that provides communications between internal
25stations and external networks.
26    "Private business switch service" means a

 

 

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1telecommunications service including centrex type service and
2PBX service, even though key telephone systems or equivalent
3telephone systems registered with the Federal Communications
4Commission under 47 C.F.R. Part 68 are directly connected to
5centrex type and PBX systems providing 9-1-1 services equipped
6for switched local network connections or 9-1-1 system access
7to business end users through a private telephone switch.
8    "Private business switch service" means network and
9premises based systems including a VoIP, Centrex type service,
10or PBX service, even though does not include key telephone
11systems or equivalent telephone systems registered with the
12Federal Communications Commission under 47 C.F.R. Part 68 are
13directly connected to Centrex when not used in conjunction with
14centrex type and PBX systems. "Private business switch service"
15does not include key telephone systems or equivalent telephone
16systems registered with the Federal Communications Commission
17under 47 C.F.R. Part 68 when not used in conjunction with a
18VoIP, Centrex type, or PBX systems. "Private business switch
19service" typically includes, but is not limited to, private
20businesses, corporations, and industries where the
21telecommunications service is primarily for conducting
22business.
23    "Private residential switch service" means network and
24premise based systems a telecommunications service including a
25VoIP, Centrex centrex type service, or and PBX service or , even
26though key telephone systems or equivalent telephone systems

 

 

10000HB1811sam003- 20 -LRB100 08000 SLF 27779 a

1registered with the Federal Communications Commission under 47
2C.F.R. Part 68 that are directly connected to a VoIP, Centrex
3centrex type service, or and PBX systems providing 9-1-1
4services equipped for switched local network connections or
59-1-1 system access to residential end users through a private
6telephone switch. "Private residential switch service" does
7not include key telephone systems or equivalent telephone
8systems registered with the Federal Communications Commission
9under 47 C.F.R. Part 68 when not used in conjunction with a
10VoIP, Centrex centrex type, or and PBX systems. "Private
11residential switch service" typically includes, but is not
12limited to, apartment complexes, condominiums, and campus or
13university environments where shared tenant service is
14provided and where the usage of the telecommunications service
15is primarily residential.
16    "Public agency" means the State, and any unit of local
17government or special purpose district located in whole or in
18part within this State, that provides or has authority to
19provide firefighting, police, ambulance, medical, or other
20emergency services.
21    "Public safety agency" means a functional division of a
22public agency that provides firefighting, police, medical, or
23other emergency services to respond to and manage emergency
24incidents. For the purpose of providing wireless service to
25users of 9-1-1 emergency services, as expressly provided for in
26this Act, the Department of State Police may be considered a

 

 

10000HB1811sam003- 21 -LRB100 08000 SLF 27779 a

1public safety agency.
2    "Public safety answering point" or "PSAP" is a set of
3call-takers authorized by a governing body and operating under
4common management that receive 9-1-1 calls and asynchronous
5event notifications for a defined geographic area and processes
6those calls and events according to a specified operational
7policy means the initial answering location of an emergency
8call.
9    "Qualified governmental entity" means a unit of local
10government authorized to provide 9-1-1 services pursuant to
11this Act where no emergency telephone system board exists.
12    "Referral method" means a 9-1-1 service in which the PSAP
13telecommunicator provides the calling party with the telephone
14number of the appropriate public safety agency or other
15provider of emergency services.
16    "Regular service" means any telecommunications service,
17other than advanced service, that is capable of transporting
18either the subscriber's inter-premises voice
19telecommunications services to the public switched network or
20the subscriber's 9-1-1 calls to the public agency.
21    "Relay method" means a 9-1-1 service in which the PSAP
22telecommunicator takes the pertinent information from a caller
23and relays that information to the appropriate public safety
24agency or other provider of emergency services.
25    "Remit period" means the billing period, one month in
26duration, for which a wireless carrier remits a surcharge and

 

 

10000HB1811sam003- 22 -LRB100 08000 SLF 27779 a

1provides subscriber information by zip code to the Department,
2in accordance with Section 20 of this Act.
3    "Secondary Answering Point" or "SAP" means a location,
4other than a PSAP, that is able to receive the voice, data, and
5call back number of E9-1-1 or NG9-1-1 emergency calls
6transferred from a PSAP and completes the call taking process
7by dispatching police, medical, fire, or other emergency
8responders.
9    "Statewide wireless emergency 9-1-1 system" means all
10areas of the State where an emergency telephone system board
11or, in the absence of an emergency telephone system board, a
12qualified governmental entity, has not declared its intention
13for one or more of its public safety answering points to serve
14as a primary wireless 9-1-1 public safety answering point for
15its jurisdiction. The operator of the statewide wireless
16emergency 9-1-1 system shall be the Department of State Police.
17    "System" means the communications equipment and related
18software applications required to produce a response by the
19appropriate emergency public safety agency or other provider of
20emergency services as a result of an emergency call being
21placed to 9-1-1.
22    "System provider" means the contracted entity providing
239-1-1 network and database services.
24    "Telecommunications carrier" means those entities included
25within the definition specified in Section 13-202 of the Public
26Utilities Act, and includes those carriers acting as resellers

 

 

10000HB1811sam003- 23 -LRB100 08000 SLF 27779 a

1of telecommunications services. "Telecommunications carrier"
2includes telephone systems operating as mutual concerns.
3"Telecommunications carrier" does not include a wireless
4carrier.
5    "Telecommunications technology" means equipment that can
6send and receive written messages over the telephone network.
7    "Transfer method" means a 9-1-1 service in which the PSAP
8telecommunicator receiving a call transfers that call to the
9appropriate public safety agency or other provider of emergency
10services.
11    "Transmitting messages" shall have the meaning given to
12that term under Section 8-11-2 of the Illinois Municipal Code.
13    "Trunk line" means a transmission path, or group of
14transmission paths, connecting a subscriber's PBX to a
15telecommunications carrier's public switched network. In the
16case of regular service, each voice grade communications
17channel or equivalent amount of bandwidth capable of
18transporting either the subscriber's inter-premises voice
19telecommunications services to the public switched network or
20the subscriber's 9-1-1 calls to the public agency shall be
21considered a trunk line, even if it is bundled with other
22channels or additional bandwidth. In the case of advanced
23service, each DS-1, T-1, or other similar un-channelized or
24multi-channel transmission facility that is capable of
25transporting either the subscriber's inter-premises voice
26telecommunications services to the public switched network or

 

 

10000HB1811sam003- 24 -LRB100 08000 SLF 27779 a

1the subscriber's 9-1-1 calls to the public agency shall be
2considered a single trunk line, even if it contains multiple
3voice grade communications channels or otherwise supports 2 or
4more voice grade calls at a time; provided, however, that each
5additional increment of up to 24 voice grade channels 1.544
6Mbps of transmission capacity that is capable of transporting
7either the subscriber's inter-premises voice
8telecommunications services to the public switched network or
9the subscriber's 9-1-1 calls to the public agency shall be
10considered an additional trunk line.
11    "Unmanned backup PSAP" means a public safety answering
12point that serves as an alternate to the PSAP at an alternate
13location and is typically unmanned but can be activated if the
14primary PSAP is disabled.
15    "Virtual answering point" or "VAP" means a temporary or
16nonpermanent location that is capable of receiving an emergency
17call, contains a fully functional worksite that is not bound to
18a specific location, but rather is portable and scalable,
19connecting emergency call takers or dispatchers to the work
20process, and is capable of completing the call dispatching
21process.
22    "Voice-impaired individual" means a person with a
23permanent speech disability which precludes oral
24communication, who can regularly and routinely communicate by
25telephone only through the aid of devices which can send and
26receive written messages over the telephone network.

 

 

10000HB1811sam003- 25 -LRB100 08000 SLF 27779 a

1    "Wireless carrier" means a provider of two-way cellular,
2broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
3Mobile Radio Service (CMRS), Wireless Communications Service
4(WCS), or other Commercial Mobile Radio Service (CMRS), as
5defined by the Federal Communications Commission, offering
6radio communications that may provide fixed, mobile, radio
7location, or satellite communication services to individuals
8or businesses within its assigned spectrum block and
9geographical area or that offers real-time, two-way voice
10service that is interconnected with the public switched
11network, including a reseller of such service.
12    "Wireless enhanced 9-1-1" means the ability to relay the
13telephone number of the originator of a 9-1-1 call and location
14information from any mobile handset or text telephone device
15accessing the wireless system to the designated wireless public
16safety answering point as set forth in the order of the Federal
17Communications Commission, FCC Docket No. 94-102, adopted June
1812, 1996, with an effective date of October 1, 1996, and any
19subsequent amendment thereto.
20    "Wireless public safety answering point" means the
21functional division of a 9-1-1 authority accepting wireless
229-1-1 calls.
23    "Wireless subscriber" means an individual or entity to whom
24a wireless service account or number has been assigned by a
25wireless carrier, other than an account or number associated
26with prepaid wireless telecommunication service.

 

 

10000HB1811sam003- 26 -LRB100 08000 SLF 27779 a

1(Source: P.A. 99-6, eff. 1-1-16.)
 
2    (50 ILCS 750/3)  (from Ch. 134, par. 33)
3    Sec. 3. (a) By July 1, 2017, every local public agency
4shall be within the jurisdiction of a 9-1-1 system.
5    (b) By July 1, 2020, every 9-1-1 system in Illinois shall
6provide Next Generation 9-1-1 service.
7    (c) Nothing in this Act shall be construed to prohibit or
8discourage in any way the formation of multijurisdictional or
9regional systems, and any system established pursuant to this
10Act may include the territory of more than one public agency or
11may include a segment of the territory of a public agency.
12(Source: P.A. 99-6, eff. 1-1-16.)
 
13    (50 ILCS 750/4)  (from Ch. 134, par. 34)
14    Sec. 4. Every system shall include police, firefighting,
15and emergency medical and ambulance services, and may include
16other emergency services. The system may incorporate private
17ambulance service. In those areas in which a public safety
18agency of the State provides such emergency services, the
19system shall include such public safety agencies.
20(Source: P.A. 99-6, eff. 1-1-16.)
 
21    (50 ILCS 750/5)  (from Ch. 134, par. 35)
22    Sec. 5. The digits "9-1-1" shall be the primary emergency
23telephone number within the system, but a public agency or

 

 

10000HB1811sam003- 27 -LRB100 08000 SLF 27779 a

1public safety agency shall maintain a separate secondary seven
2digit emergency backup number for at least six months after the
3"9-1-1" system is established and in operation, and shall
4maintain a separate number for nonemergency telephone calls.
5(Source: P.A. 85-978.)
 
6    (50 ILCS 750/6)  (from Ch. 134, par. 36)
7    Sec. 6. Capabilities of system; pay telephones. All systems
8shall be designed to meet the specific requirements of each
9community and public agency served by the system. Every system
10shall be designed to have the capability of utilizing the
11direct dispatch method, relay method, transfer method, or
12referral method in response to emergency calls. The General
13Assembly finds and declares that the most critical aspect of
14the design of any system is the procedure established for
15handling a telephone request for emergency services.
16    In addition, to maximize efficiency and utilization of the
17system, all pay telephones within each system shall enable a
18caller to dial "9-1-1" for emergency services without the
19necessity of inserting a coin. This paragraph does not apply to
20pay telephones located in penal institutions, as defined in
21Section 2-14 of the Criminal Code of 2012, that have been
22designated for the exclusive use of committed persons.
23(Source: P.A. 99-6, eff. 1-1-16.)
 
24    (50 ILCS 750/6.1)  (from Ch. 134, par. 36.1)

 

 

10000HB1811sam003- 28 -LRB100 08000 SLF 27779 a

1    Sec. 6.1. Every 9-1-1 system shall be readily accessible to
2hearing-impaired and voice-impaired individuals through the
3use of telecommunications technology for hearing-impaired and
4speech-impaired individuals.
5(Source: P.A. 99-6, eff. 1-1-16.)
 
6    (50 ILCS 750/7)  (from Ch. 134, par. 37)
7    Sec. 7. The General Assembly finds that, because of
8overlapping jurisdiction of public agencies, public safety
9agencies and telephone service areas, the Administrator, with
10the advice and recommendation of the Statewide 9-1-1 Advisory
11Board, shall establish a general overview or plan to effectuate
12the purposes of this Act within the time frame provided in this
13Act. In order to insure that proper preparation and
14implementation of emergency telephone systems are accomplished
15by all public agencies as required under this Act, the
16Department, with the advice and assistance of the Attorney
17General, shall secure compliance by public agencies as provided
18in this Act.
19(Source: P.A. 99-6, eff. 1-1-16.)
 
20    (50 ILCS 750/8)  (from Ch. 134, par. 38)
21    Sec. 8. The Administrator, with the advice and
22recommendation of the Statewide 9-1-1 Advisory Board, shall
23coordinate the implementation of systems established under
24this Act. To assist with this coordination, all systems

 

 

10000HB1811sam003- 29 -LRB100 08000 SLF 27779 a

1authorized to operate under this Act shall register with the
2Administrator information regarding its composition and
3organization, including, but not limited to, identification of
4all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs.
5The Department may adopt rules for the administration of this
6Section.
7(Source: P.A. 99-6, eff. 1-1-16.)
 
8    (50 ILCS 750/10)  (from Ch. 134, par. 40)
9    Sec. 10. (a) The Administrator, with the advice and
10recommendation of the Statewide 9-1-1 Advisory Board, shall
11establish uniform technical and operational standards for all
129-1-1 systems in Illinois. All findings, orders, decisions,
13rules, and regulations issued or promulgated by the Commission
14under this Act or any other Act establishing or conferring
15power on the Commission with respect to emergency
16telecommunications services, shall continue in force.
17Notwithstanding the provisions of this Section, where
18applicable, the Administrator shall, with the advice and
19recommendation of the Statewide 9-1-1 Advisory Board, amend the
20Commission's findings, orders, decisions, rules, and
21regulations to conform to the specific provisions of this Act
22as soon as practicable after the effective date of this
23amendatory Act of the 99th General Assembly.
24    (b) The Department may adopt emergency rules necessary to
25implement the provisions of this amendatory Act of the 99th

 

 

10000HB1811sam003- 30 -LRB100 08000 SLF 27779 a

1General Assembly under subsection (t) of Section 5-45 of the
2Illinois Administrative Procedure Act.
3    (c) Nothing in this Act shall deprive the Commission of any
4authority to regulate the provision by telecommunication
5carriers or 9-1-1 system service providers of
6telecommunication or other services under the Public Utilities
7Act.
8    (d) For rules that implicate both the regulation of 9-1-1
9authorities under this Act and the regulation of
10telecommunication carriers and 9-1-1 system service providers
11under the Public Utilities Act, the Department and the
12Commission may adopt joint rules necessary for implementation.
13    (e) Any findings, orders, or decisions of the Administrator
14under this Section shall be deemed a final administrative
15decision and shall be subject to judicial review under the
16Administrative Review Law.
17(Source: P.A. 99-6, eff. 1-1-16.)
 
18    (50 ILCS 750/10.1)  (from Ch. 134, par. 40.1)
19    Sec. 10.1. Confidentiality.
20    (a) 9-1-1 information consisting of names, addresses and
21telephone numbers of telephone customers whose listings are not
22published in directories or listed in Directory Assistance
23Offices is confidential. Except as provided in subsection (b),
24information shall be provided on a call-by-call basis only for
25the purpose of responding to emergency calls. For the purposes

 

 

10000HB1811sam003- 31 -LRB100 08000 SLF 27779 a

1of this subsection (a), "emergency" means a situation in which
2property or human life is in jeopardy and the prompt
3notification of the public safety agency is essential.
4    (b) 9-1-1 information, including information described in
5subsection (a), may be used by a public safety agency for the
6purpose of placing out-going emergency calls.
7    (c) Nothing in this Section prohibits a municipality with a
8population of more than 500,000 from using 9-1-1 information,
9including information described in subsection (a), for the
10purpose of responding to calls made to a non-emergency
11telephone system that is under the supervision and control of a
12public safety agency and that shares all or some facilities
13with an emergency telephone system.
14    (d) Any public safety agency that uses 9-1-1 information
15for the purposes of subsection (b) must establish methods and
16procedures that ensure the confidentiality of information as
17required by subsection (a).
18    (e) Divulging confidential information in violation of
19this Section is a Class A misdemeanor.
20(Source: P.A. 92-383, eff. 1-1-02.)
 
21    (50 ILCS 750/10.2)  (from Ch. 134, par. 40.2)
22    Sec. 10.2. The Emergency Telephone System Board and the
23Chairman of the County Board in any county implementing a 9-1-1
24system shall ensure that all areas of the county are included
25in the system.

 

 

10000HB1811sam003- 32 -LRB100 08000 SLF 27779 a

1(Source: P.A. 99-6, eff. 1-1-16.)
 
2    (50 ILCS 750/10.3)
3    Sec. 10.3. Notice of address change. The Emergency
4Telephone System Board or qualified governmental entity in any
5county implementing a 9-1-1 system that changes any person's
6address (when the person whose address has changed has not
7moved to a new residence) shall notify the person (i) of the
8person's new address and (ii) that the person should contact
9the local election authority to determine if the person should
10re-register to vote.
11(Source: P.A. 90-664, eff. 7-30-98.)
 
12    (50 ILCS 750/11)  (from Ch. 134, par. 41)
13    Sec. 11. All local public agencies operating a 9-1-1 system
14shall operate under a plan that has been filed with and
15approved by the Commission prior to January 1, 2016, or the
16Administrator. Plans filed under this Section shall conform to
17minimum standards established pursuant to Section 10.
18(Source: P.A. 99-6, eff. 1-1-16.)
 
19    (50 ILCS 750/12)  (from Ch. 134, par. 42)
20    Sec. 12. The Attorney General may, on in behalf of the
21Department or on his own initiative, commence judicial
22proceedings to enforce compliance by any public agency or
23public utility providing telephone service with this Act.

 

 

10000HB1811sam003- 33 -LRB100 08000 SLF 27779 a

1(Source: P.A. 99-6, eff. 1-1-16.)
 
2    (50 ILCS 750/14)  (from Ch. 134, par. 44)
3    Sec. 14. The General Assembly declares that a major purpose
4of in enacting this Act is to ensure that 9-1-1 systems have
5redundant methods of dispatch for: (1) each public safety
6agency within its jurisdiction, herein known as participating
7agencies; and (2) 9-1-1 systems whose jurisdictional
8boundaries are contiguous, herein known as adjacent 9-1-1
9systems, when an emergency request for service is received for
10a public safety agency that needs to be dispatched by the
11adjacent 9-1-1 system. Another primary purpose of this Section
12is to eliminate instances in which a public safety agency
13responding emergency service refuses, once dispatched, to
14render aid to the requester because the requester is outside of
15the jurisdictional boundaries of the public safety agency
16emergency service. Therefore, in implementing a 9-1-1 system
17systems under this Act, all 9-1-1 authorities public agencies
18in a single system shall enter into call handling and aid
19outside jurisdictional boundaries agreements with each
20participating agency and adjacent 9-1-1 system a joint powers
21agreement or any other form of written cooperative agreement
22which is applicable when need arises on a day-to-day basis.
23Certified notification of the continuation of such agreements
24shall be made among the involved parties on an annual basis. In
25addition, such agreements shall be entered into between public

 

 

10000HB1811sam003- 34 -LRB100 08000 SLF 27779 a

1agencies and public safety agencies which are part of different
2systems but whose jurisdictional boundaries are contiguous.
3The agreements shall provide a primary and secondary means of
4dispatch. It must also provide that, once an emergency unit is
5dispatched in response to a request through the system, such
6unit shall render its services to the requesting party without
7regard to whether the unit is operating outside its normal
8jurisdictional boundaries. Certified notification of the
9continuation of call handling and aid outside jurisdictional
10boundaries agreements shall be made among the involved parties
11on an annual basis.
12(Source: P.A. 86-101.)
 
13    (50 ILCS 750/15)  (from Ch. 134, par. 45)
14    Sec. 15. Copies of the annual certified notification of
15continuing agreement required by Section 14 shall be filed with
16the Attorney General and the Administrator. All such agreements
17shall be so filed prior to the 31st day of January. The
18Attorney General shall commence judicial proceedings to
19enforce compliance with this Section and Section 14, where a
20public agency or public safety agency has failed to timely
21enter into such agreement or file copies thereof.
22(Source: P.A. 99-6, eff. 1-1-16.)
 
23    (50 ILCS 750/15.1)  (from Ch. 134, par. 45.1)
24    Sec. 15.1. Public body; exemption from civil liability for

 

 

10000HB1811sam003- 35 -LRB100 08000 SLF 27779 a

1developing or operating emergency telephone system.
2    (a) In no event shall a public agency, the Commission, the
3Statewide 9-1-1 Advisory Board, the Administrator, the
4Department of State Police, public safety agency, public safety
5answering point, emergency telephone system board, or unit of
6local government assuming the duties of an emergency telephone
7system board, or carrier, or its officers, employees, assigns,
8or agents be liable for any civil damages or criminal liability
9that directly or indirectly results from, or is caused by, any
10act or omission in the development, design, installation,
11operation, maintenance, performance, or provision of 9-1-1
12service required by this Act, unless the act or omission
13constitutes gross negligence, recklessness, or intentional
14misconduct.
15    A unit of local government, the Commission, the Statewide
169-1-1 Advisory Board, the Administrator, the Department of
17State Police, public safety agency, public safety answering
18point, emergency telephone system board, or carrier, or its
19officers, employees, assigns, or agents, shall not be liable
20for any form of civil damages or criminal liability that
21directly or indirectly results from, or is caused by, the
22release of subscriber information to any governmental entity as
23required under the provisions of this Act, unless the release
24constitutes gross negligence, recklessness, or intentional
25misconduct.
26    (b) Exemption from civil liability for emergency

 

 

10000HB1811sam003- 36 -LRB100 08000 SLF 27779 a

1instructions is as provided in the Good Samaritan Act.
2    (c) This Section may not be offered as a defense in any
3judicial proceeding brought by the Attorney General under
4Section 12 to compel compliance with this Act.
5(Source: P.A. 99-6, eff. 1-1-16.)
 
6    (50 ILCS 750/15.2)  (from Ch. 134, par. 45.2)
7    Sec. 15.2. Any person calling the number "911" for the
8purpose of making a false alarm or complaint and reporting
9false information is subject to the provisions of Section 26-1
10of the Criminal Code of 2012.
11(Source: P.A. 97-1150, eff. 1-25-13.)
 
12    (50 ILCS 750/15.2a)  (from Ch. 134, par. 45.2a)
13    Sec. 15.2a. The installation of or connection to a
14telephone company's network of any automatic alarm, automatic
15alerting device, or mechanical dialer that causes the number
169-1-1 to be dialed in order to directly access emergency
17services is prohibited in a 9-1-1 system.
18    This Section does not apply to a person who connects to a
199-1-1 network using automatic crash notification technology
20subject to an established protocol.
21    This Section does not apply to devices used to enable
22access to the 9-1-1 system for cognitively-impaired or special
23needs persons or for persons with disabilities in an emergency
24situation reported by a caregiver after initiating a missing

 

 

10000HB1811sam003- 37 -LRB100 08000 SLF 27779 a

1person's report. The device must have the capability to be
2activated and controlled remotely by trained personnel at a
3service center to prevent falsely activated or repeated calls
4to the 9-1-1 system in a single incident. The device must have
5the technical capability to generate location information to
6the 9-1-1 system. Under no circumstances shall a device be sold
7for use in a geographical jurisdiction where the 9-1-1 system
8has not deployed wireless phase II location technology. The
9alerting device shall also provide for either 2-way
10communication or send a pre-recorded message to a 9-1-1
11provider explaining the nature of the emergency so that the
129-1-1 provider will be able to dispatch the appropriate
13emergency responder.
14    Violation of this Section is a Class A misdemeanor. A
15second or subsequent violation of this Section is a Class 4
16felony.
17(Source: P.A. 99-143, eff. 7-27-15.)
 
18    (50 ILCS 750/15.2b)
19    Sec. 15.2b. Emergency telephone number; advertising. No
20person or private entity may advertise or otherwise publicize
21the availability of services provided by a specific provider
22and indicate that a consumer should obtain access to services
23provided by a specific provider by use of the emergency
24telephone number (9-1-1).
25(Source: P.A. 88-497.)
 

 

 

10000HB1811sam003- 38 -LRB100 08000 SLF 27779 a

1    (50 ILCS 750/15.2c)
2    Sec. 15.2c. Call boxes. No carrier shall be required to
3provide a call box. For purposes of this Section, the term
4"call box" means a device that is normally mounted to an
5outside wall of the serving telecommunications carrier central
6office and designed to provide emergency on-site answering by
7authorized personnel at the central office location in the
8event a central office is isolated from the 9-1-1 network.
9(Source: P.A. 99-6, eff. 1-1-16.)
 
10    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
11    Sec. 15.3. Local non-wireless surcharge.
12    (a) Except as provided in subsection (l) of this Section,
13the corporate authorities of any municipality or any county
14may, subject to the limitations of subsections (c), (d), and
15(h), and in addition to any tax levied pursuant to the
16Simplified Municipal Telecommunications Tax Act, impose a
17monthly surcharge on billed subscribers of network connection
18provided by telecommunication carriers engaged in the business
19of transmitting messages by means of electricity originating
20within the corporate limits of the municipality or county
21imposing the surcharge at a rate per network connection
22determined in accordance with subsection (c), however the
23monthly surcharge shall not apply to a network connection
24provided for use with pay telephone services. Provided,

 

 

10000HB1811sam003- 39 -LRB100 08000 SLF 27779 a

1however, that where multiple voice grade communications
2channels are connected between the subscriber's premises and a
3public switched network through private branch exchange (PBX)
4or centrex type service, a municipality imposing a surcharge at
5a rate per network connection, as determined in accordance with
6this Act, shall impose:
7        (i) in a municipality with a population of 500,000 or
8    less or in any county, 5 such surcharges per network
9    connection, as defined under Section 2 determined in
10    accordance with subsections (a) and (d) of Section 2.12 of
11    this Act, for both regular service and advanced service
12    provisioned trunk lines;
13        (ii) in a municipality with a population, prior to
14    March 1, 2010, of 500,000 or more, 5 surcharges per network
15    connection, as defined under Section 2 determined in
16    accordance with subsections (a) and (d) of Section 2.12 of
17    this Act, for both regular service and advanced service
18    provisioned trunk lines;
19        (iii) in a municipality with a population, as of March
20    1, 2010, of 500,000 or more, 5 surcharges per network
21    connection, as defined under Section 2 determined in
22    accordance with subsections (a) and (d) of Section 2.12 of
23    this Act, for regular service provisioned trunk lines, and
24    12 surcharges per network connection, as defined under
25    Section 2 determined in accordance with subsections (a) and
26    (d) of Section 2.12 of this Act, for advanced service

 

 

10000HB1811sam003- 40 -LRB100 08000 SLF 27779 a

1    provisioned trunk lines, except where an advanced service
2    provisioned trunk line supports at least 2 but fewer than
3    23 simultaneous voice grade calls ("VGC's"), a
4    telecommunication carrier may elect to impose fewer than 12
5    surcharges per trunk line as provided in subsection (iv) of
6    this Section; or
7        (iv) for an advanced service provisioned trunk line
8    connected between the subscriber's premises and the public
9    switched network through a P.B.X., where the advanced
10    service provisioned trunk line is capable of transporting
11    at least 2 but fewer than 23 simultaneous VGC's per trunk
12    line, the telecommunications carrier collecting the
13    surcharge may elect to impose surcharges in accordance with
14    the table provided in this Section, without limiting any
15    telecommunications carrier's obligations to otherwise keep
16    and maintain records. Any telecommunications carrier
17    electing to impose fewer than 12 surcharges per an advanced
18    service provisioned trunk line shall keep and maintain
19    records adequately to demonstrate the VGC capability of
20    each advanced service provisioned trunk line with fewer
21    than 12 surcharges imposed, provided that 12 surcharges
22    shall be imposed on an advanced service provisioned trunk
23    line regardless of the VGC capability where a
24    telecommunications carrier cannot demonstrate the VGC
25    capability of the advanced service provisioned trunk line.
 

 

 

 

10000HB1811sam003- 41 -LRB100 08000 SLF 27779 a

1Facility VGC's 911 Surcharges
2Advanced service provisioned trunk line 18-23 12
3Advanced service provisioned trunk line 12-17 10
4Advanced service provisioned trunk line 2-11 8
5    Subsections (i), (ii), (iii), and (iv) are not intended to
6make any change in the meaning of this Section, but are
7intended to remove possible ambiguity, thereby confirming the
8intent of paragraph (a) as it existed prior to and following
9the effective date of this amendatory Act of the 97th General
10Assembly.
11    For mobile telecommunications services, if a surcharge is
12imposed it shall be imposed based upon the municipality or
13county that encompasses the customer's place of primary use as
14defined in the Mobile Telecommunications Sourcing Conformity
15Act. A municipality may enter into an intergovernmental
16agreement with any county in which it is partially located,
17when the county has adopted an ordinance to impose a surcharge
18as provided in subsection (c), to include that portion of the
19municipality lying outside the county in that county's
20surcharge referendum. If the county's surcharge referendum is
21approved, the portion of the municipality identified in the
22intergovernmental agreement shall automatically be
23disconnected from the county in which it lies and connected to
24the county which approved the referendum for purposes of a
25surcharge on telecommunications carriers.

 

 

10000HB1811sam003- 42 -LRB100 08000 SLF 27779 a

1    (b) For purposes of computing the surcharge imposed by
2subsection (a), the network connections to which the surcharge
3shall apply shall be those in-service network connections,
4other than those network connections assigned to the
5municipality or county, where the service address for each such
6network connection or connections is located within the
7corporate limits of the municipality or county levying the
8surcharge. Except for mobile telecommunication services, the
9"service address" shall mean the location of the primary use of
10the network connection or connections. For mobile
11telecommunication services, "service address" means the
12customer's place of primary use as defined in the Mobile
13Telecommunications Sourcing Conformity Act.
14    (c) Upon the passage of an ordinance to impose a surcharge
15under this Section the clerk of the municipality or county
16shall certify the question of whether the surcharge may be
17imposed to the proper election authority who shall submit the
18public question to the electors of the municipality or county
19in accordance with the general election law; provided that such
20question shall not be submitted at a consolidated primary
21election. The public question shall be in substantially the
22following form:
23-------------------------------------------------------------
24    Shall the county (or city, village
25or incorporated town) of ..... impose          YES
26a surcharge of up to ... per month per

 

 

10000HB1811sam003- 43 -LRB100 08000 SLF 27779 a

1network connection, which surcharge will
2be added to the monthly bill you receive   ------------------
3for telephone or telecommunications
4charges, for the purpose of installing
5(or improving) a 9-1-1 Emergency               NO
6Telephone System?
7-------------------------------------------------------------
8    If a majority of the votes cast upon the public question
9are in favor thereof, the surcharge shall be imposed.
10    However, if a Joint Emergency Telephone System Board is to
11be created pursuant to an intergovernmental agreement under
12Section 15.4, the ordinance to impose the surcharge shall be
13subject to the approval of a majority of the total number of
14votes cast upon the public question by the electors of all of
15the municipalities or counties, or combination thereof, that
16are parties to the intergovernmental agreement.
17    The referendum requirement of this subsection (c) shall not
18apply to any municipality with a population over 500,000 or to
19any county in which a proposition as to whether a sophisticated
209-1-1 Emergency Telephone System should be installed in the
21county, at a cost not to exceed a specified monthly amount per
22network connection, has previously been approved by a majority
23of the electors of the county voting on the proposition at an
24election conducted before the effective date of this amendatory
25Act of 1987.
26    (d) A county may not impose a surcharge, unless requested

 

 

10000HB1811sam003- 44 -LRB100 08000 SLF 27779 a

1by a municipality, in any incorporated area which has
2previously approved a surcharge as provided in subsection (c)
3or in any incorporated area where the corporate authorities of
4the municipality have previously entered into a binding
5contract or letter of intent with a telecommunications carrier
6to provide sophisticated 9-1-1 service through municipal
7funds.
8    (e) A municipality or county may at any time by ordinance
9change the rate of the surcharge imposed under this Section if
10the new rate does not exceed the rate specified in the
11referendum held pursuant to subsection (c).
12    (f) The surcharge authorized by this Section shall be
13collected from the subscriber by the telecommunications
14carrier providing the subscriber the network connection as a
15separately stated item on the subscriber's bill.
16    (g) The amount of surcharge collected by the
17telecommunications carrier shall be paid to the particular
18municipality or county or Joint Emergency Telephone System
19Board not later than 30 days after the surcharge is collected,
20net of any network or other 9-1-1 or sophisticated 9-1-1 system
21charges then due the particular telecommunications carrier, as
22shown on an itemized bill. The telecommunications carrier
23collecting the surcharge shall also be entitled to deduct 3% of
24the gross amount of surcharge collected to reimburse the
25telecommunications carrier for the expense of accounting and
26collecting the surcharge.

 

 

10000HB1811sam003- 45 -LRB100 08000 SLF 27779 a

1    (h) Except as expressly provided in subsection (a) of this
2Section, on or after the effective date of this amendatory Act
3of the 98th General Assembly and until December 31, 2017, July
41, 2017, a municipality with a population of 500,000 or more
5shall not impose a monthly surcharge per network connection in
6excess of the highest monthly surcharge imposed as of January
71, 2014 by any county or municipality under subsection (c) of
8this Section. Beginning January 1, 2018 and until December 31,
92020, a municipality with a population over 500,000 may not
10impose a monthly surcharge in excess of $5.00 per network
11connection. On or after January 1, 2021, July 1, 2017, a
12municipality with a population over 500,000 may not impose a
13monthly surcharge in excess of $2.50 per network connection.
14    (i) Any municipality or county or joint emergency telephone
15system board that has imposed a surcharge pursuant to this
16Section prior to the effective date of this amendatory Act of
171990 shall hereafter impose the surcharge in accordance with
18subsection (b) of this Section.
19    (j) The corporate authorities of any municipality or county
20may issue, in accordance with Illinois law, bonds, notes or
21other obligations secured in whole or in part by the proceeds
22of the surcharge described in this Section. The State of
23Illinois pledges and agrees that it will not limit or alter the
24rights and powers vested in municipalities and counties by this
25Section to impose the surcharge so as to impair the terms of or
26affect the security for bonds, notes or other obligations

 

 

10000HB1811sam003- 46 -LRB100 08000 SLF 27779 a

1secured in whole or in part with the proceeds of the surcharge
2described in this Section. The pledge and agreement set forth
3in this Section survive the termination of the surcharge under
4subsection (l) by virtue of the replacement of the surcharge
5monies guaranteed under Section 20; the State of Illinois
6pledges and agrees that it will not limit or alter the rights
7vested in municipalities and counties to the surcharge
8replacement funds guaranteed under Section 20 so as to impair
9the terms of or affect the security for bonds, notes or other
10obligations secured in whole or in part with the proceeds of
11the surcharge described in this Section.
12    (k) Any surcharge collected by or imposed on a
13telecommunications carrier pursuant to this Section shall be
14held to be a special fund in trust for the municipality, county
15or Joint Emergency Telephone Board imposing the surcharge.
16Except for the 3% deduction provided in subsection (g) above,
17the special fund shall not be subject to the claims of
18creditors of the telecommunication carrier.
19    (l) On and after the effective date of this amendatory Act
20of the 99th General Assembly, no county or municipality, other
21than a municipality with a population over 500,000, may impose
22a monthly surcharge under this Section in excess of the amount
23imposed by it on the effective date of this Act. Any surcharge
24imposed pursuant to this Section by a county or municipality,
25other than a municipality with a population in excess of
26500,000, shall cease to be imposed on January 1, 2016.

 

 

10000HB1811sam003- 47 -LRB100 08000 SLF 27779 a

1(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
2    (50 ILCS 750/15.3a)
3    Sec. 15.3a. Local wireless surcharge.
4    (a) Notwithstanding any other provision of this Act, a unit
5of local government or emergency telephone system board
6providing wireless 9-1-1 service and imposing and collecting a
7wireless carrier surcharge prior to July 1, 1998 may continue
8its practices of imposing and collecting its wireless carrier
9surcharge, but, except as provided in subsection (b) of this
10Section, in no event shall that monthly surcharge exceed $2.50
11per commercial mobile radio service (CMRS) connection or
12in-service telephone number billed on a monthly basis. For
13mobile telecommunications services provided on and after
14August 1, 2002, any surcharge imposed shall be imposed based
15upon the municipality or county that encompasses the customer's
16place of primary use as defined in the Mobile
17Telecommunications Sourcing Conformity Act.
18    (b) Until December 31, 2017, July 1, 2017, the corporate
19authorities of a municipality with a population in excess of
20500,000 on the effective date of this amendatory Act of the
2199th General Assembly may by ordinance continue to impose and
22collect a monthly surcharge per commercial mobile radio service
23(CMRS) connection or in-service telephone number billed on a
24monthly basis that does not exceed the highest monthly
25surcharge imposed as of January 1, 2014 by any county or

 

 

10000HB1811sam003- 48 -LRB100 08000 SLF 27779 a

1municipality under subsection (c) of Section 15.3 of this Act.
2Beginning January 1, 2018, and until December 31, 2020, a
3municipality with a population in excess of 500,000 may by
4ordinance continue to impose and collect a monthly surcharge
5per commercial mobile radio service (CMRS) connection or
6in-service telephone number billed on a monthly basis that does
7not exceed $5.00. On or after January 1, 2021, July 1, 2017,
8the municipality may continue imposing and collecting its
9wireless carrier surcharge as provided in and subject to the
10limitations of subsection (a) of this Section.
11    (c) In addition to any other lawful purpose, a municipality
12with a population over 500,000 may use the moneys collected
13under this Section for any anti-terrorism or emergency
14preparedness measures, including, but not limited to,
15preparedness planning, providing local matching funds for
16federal or State grants, personnel training, and specialized
17equipment, including surveillance cameras, as needed to deal
18with natural and terrorist-inspired emergency situations or
19events.
20(Source: P.A. 99-6, eff. 1-1-16.)
 
21    (50 ILCS 750/15.4)  (from Ch. 134, par. 45.4)
22    Sec. 15.4. Emergency Telephone System Board; powers.
23    (a) Except as provided in subsection (e) of this Section,
24the corporate authorities of any county or municipality may
25establish an Emergency Telephone System Board.

 

 

10000HB1811sam003- 49 -LRB100 08000 SLF 27779 a

1    The corporate authorities shall provide for the manner of
2appointment and the number of members of the Board, provided
3that the board shall consist of not fewer than 5 members, one
4of whom must be a public member who is a resident of the local
5exchange service territory included in the 9-1-1 coverage area,
6one of whom (in counties with a population less than 100,000)
7may be a member of the county board, and at least 3 of whom
8shall be representative of the 9-1-1 public safety agencies,
9including but not limited to police departments, fire
10departments, emergency medical services providers, and
11emergency services and disaster agencies, and appointed on the
12basis of their ability or experience. In counties with a
13population of more than 100,000 but less than 2,000,000, a
14member of the county board may serve on the Emergency Telephone
15System Board. Elected officials, including members of a county
16board, are also eligible to serve on the board. Members of the
17board shall serve without compensation but shall be reimbursed
18for their actual and necessary expenses. Any 2 or more
19municipalities, counties, or combination thereof, may, instead
20of establishing individual boards, establish by
21intergovernmental agreement a Joint Emergency Telephone System
22Board pursuant to this Section. The manner of appointment of
23such a joint board shall be prescribed in the agreement. On or
24after the effective date of this amendatory Act of the 100th
25General Assembly, any new intergovernmental agreement entered
26into to establish or join a Joint Emergency Telephone System

 

 

10000HB1811sam003- 50 -LRB100 08000 SLF 27779 a

1Board shall provide for the appointment of a PSAP
2representative to the board.
3    Upon the effective date of this amendatory Act of the 98th
4General Assembly, appointed members of the Emergency Telephone
5System Board shall serve staggered 3-year terms if: (1) the
6Board serves a county with a population of 100,000 or less; and
7(2) appointments, on the effective date of this amendatory Act
8of the 98th General Assembly, are not for a stated term. The
9corporate authorities of the county or municipality shall
10assign terms to the board members serving on the effective date
11of this amendatory Act of the 98th General Assembly in the
12following manner: (1) one-third of board members' terms shall
13expire on January 1, 2015; (2) one-third of board members'
14terms shall expire on January 1, 2016; and (3) remaining board
15members' terms shall expire on January 1, 2017. Board members
16may be re-appointed upon the expiration of their terms by the
17corporate authorities of the county or municipality.
18    The corporate authorities of a county or municipality may,
19by a vote of the majority of the members elected, remove an
20Emergency Telephone System Board member for misconduct,
21official misconduct, or neglect of office.
22    (b) The powers and duties of the board shall be defined by
23ordinance of the municipality or county, or by
24intergovernmental agreement in the case of a joint board. The
25powers and duties shall include, but need not be limited to the
26following:

 

 

10000HB1811sam003- 51 -LRB100 08000 SLF 27779 a

1        (1) Planning a 9-1-1 system.
2        (2) Coordinating and supervising the implementation,
3    upgrading, or maintenance of the system, including the
4    establishment of equipment specifications and coding
5    systems.
6        (3) Receiving moneys from the surcharge imposed under
7    Section 15.3, or disbursed to it under Section 30, and from
8    any other source, for deposit into the Emergency Telephone
9    System Fund.
10        (4) Authorizing all disbursements from the fund.
11        (5) Hiring any staff necessary for the implementation
12    or upgrade of the system.
13        (6) (Blank).
14    (c) All moneys received by a board pursuant to a surcharge
15imposed under Section 15.3, or disbursed to it under Section
1630, shall be deposited into a separate interest-bearing
17Emergency Telephone System Fund account. The treasurer of the
18municipality or county that has established the board or, in
19the case of a joint board, any municipal or county treasurer
20designated in the intergovernmental agreement, shall be
21custodian of the fund. All interest accruing on the fund shall
22remain in the fund. No expenditures may be made from such fund
23except upon the direction of the board by resolution passed by
24a majority of all members of the board.
25    (d) The board shall complete a Master Street Address Guide
26database before implementation of the 9-1-1 system. The error

 

 

10000HB1811sam003- 52 -LRB100 08000 SLF 27779 a

1ratio of the database shall not at any time exceed 1% of the
2total database.
3    (e) On and after January 1, 2016, no municipality or county
4may create an Emergency Telephone System Board unless the board
5is a Joint Emergency Telephone System Board. The corporate
6authorities of any county or municipality entering into an
7intergovernmental agreement to create or join a Joint Emergency
8Telephone System Board shall rescind an the ordinance or
9ordinances creating a single the original Emergency Telephone
10System Board and shall eliminate the single Emergency Telephone
11System Board, effective upon the creation of the Joint
12Emergency Telephone System Board, with regulatory approval by
13the Administrator, or joining of the Joint Emergency Telephone
14System Board. Nothing in this Section shall be construed to
15require the dissolution of an Emergency Telephone System Board
16that is not succeeded by a Joint Emergency Telephone System
17Board or is not required to consolidate under Section 15.4a of
18this Act.
19    (f) Within one year after the effective date of this
20amendatory Act of the 100th General Assembly, any corporate
21authorities of a county or municipality, other than a
22municipality with a population of more than 500,000, operating
23a 9-1-1 system without an Emergency Telephone System Board or
24Joint Emergency Telephone System Board shall create or join a
25Joint Emergency Telephone System Board.
26(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.)
 

 

 

10000HB1811sam003- 53 -LRB100 08000 SLF 27779 a

1    (50 ILCS 750/15.4a)
2    Sec. 15.4a. Consolidation.
3    (a) By July 1, 2017, and except as otherwise provided in
4this Section, Emergency Telephone System Boards, Joint
5Emergency Telephone System Boards, qualified governmental
6entities, and PSAPs shall be consolidated as follows, subject
7to subsections (b) and (c) of this Section:
8        (1) In any county with a population of at least 250,000
9    that has a single Emergency Telephone System Board, or
10    qualified governmental entity and more than 2 PSAPs, shall
11    reduce the number of PSAPs by at least 50% or to 2 PSAPs,
12    whichever is greater. Nothing in this paragraph shall
13    preclude consolidation resulting in one PSAP in the county.
14        (2) In any county with a population of at least 250,000
15    that has more than one Emergency Telephone System Board,
16    Joint Emergency Telephone System Board, or qualified
17    governmental entity, any 9-1-1 Authority serving a
18    population of less than 25,000 shall be consolidated such
19    that no 9-1-1 Authority in the county serves a population
20    of less than 25,000.
21        (3) In any county with a population of at least 250,000
22    but less than 1,000,000 that has more than one Emergency
23    Telephone System Board, Joint Emergency Telephone System
24    Board, or qualified governmental entity, each 9-1-1
25    Authority shall reduce the number of PSAPs by at least 50%

 

 

10000HB1811sam003- 54 -LRB100 08000 SLF 27779 a

1    or to 2 PSAPs, whichever is greater. Nothing in this
2    paragraph shall preclude consolidation of a 9-1-1
3    Authority into a Joint Emergency Telephone System Board,
4    and nothing in this paragraph shall preclude consolidation
5    resulting in one PSAP in the county.
6        (4) In any county with a population of less than
7    250,000 that has a single Emergency Telephone System Board
8    or qualified governmental entity and more than 2 PSAPs, the
9    9-1-1 Authority shall reduce the number of PSAPs by at
10    least 50% or to 2 PSAPs, whichever is greater. Nothing in
11    this paragraph shall preclude consolidation resulting in
12    one PSAP in the county.
13        (5) In any county with a population of less than
14    250,000 that has more than one Emergency Telephone System
15    Board, Joint Emergency Telephone System Board, or
16    qualified governmental entity and more than 2 PSAPS, the
17    9-1-1 Authorities shall be consolidated into a single joint
18    board, and the number of PSAPs shall be reduced by at least
19    50% or to 2 PSAPs, whichever is greater. Nothing in this
20    paragraph shall preclude consolidation resulting in one
21    PSAP in the county.
22        (6) Any 9-1-1 Authority that does not have a PSAP
23    within its jurisdiction shall be consolidated through an
24    intergovernmental agreement with an existing 9-1-1
25    Authority that has a PSAP to create a Joint Emergency
26    Telephone Board.

 

 

10000HB1811sam003- 55 -LRB100 08000 SLF 27779 a

1        (7) The corporate authorities of each county that has
2    no 9-1-1 service as of January 1, 2016 shall provide
3    enhanced 9-1-1 wireline and wireless enhanced 9-1-1
4    service for that county by either (i) entering into an
5    intergovernmental agreement with an existing Emergency
6    Telephone System Board to create a new Joint Emergency
7    Telephone System Board, or (ii) entering into an
8    intergovernmental agreement with the corporate authorities
9    that have created an existing Joint Emergency Telephone
10    System Board.
11    (b) By July 1, 2016, each county required to consolidate
12pursuant to paragraph (7) of subsection (a) of this Section and
13each 9-1-1 Authority required to consolidate pursuant to
14paragraphs (1) through (6) of subsection (a) of this Section
15shall file a plan for consolidation or a request for a waiver
16pursuant to subsection (c) of this Section with the Office
17Division of the Statewide 9-1-1 Administrator.
18        (1) No county or 9-1-1 Authority may avoid the
19    requirements of this Section by converting primary PSAPs to
20    secondary or virtual answering points. Any county or 9-1-1
21    Authority not in compliance with this Section shall be
22    ineligible to receive consolidation grant funds issued
23    under Section 15.4b of this Act or monthly disbursements
24    otherwise due under Section 30 of this Act, until the
25    county or 9-1-1 Authority is in compliance.
26        (2) Within 60 calendar days of receiving a

 

 

10000HB1811sam003- 56 -LRB100 08000 SLF 27779 a

1    consolidation plan, the Statewide 9-1-1 Advisory Board
2    shall hold at least one public hearing on the plan and
3    provide a recommendation to the Administrator. Notice of
4    the hearing shall be provided to the respective entity to
5    which the plan applies.
6        (3) Within 90 calendar days of receiving a
7    consolidation plan, the Administrator shall approve the
8    plan, approve the plan as modified, or grant a waiver
9    pursuant to subsection (c) of this Section. In making his
10    or her decision, the Administrator shall consider any
11    recommendation from the Statewide 9-1-1 Advisory Board
12    regarding the plan. If the Administrator does not follow
13    the recommendation of the Board, the Administrator shall
14    provide a written explanation for the deviation in his or
15    her decision.
16        (4) The deadlines provided in this subsection may be
17    extended upon agreement between the Administrator and
18    entity which submitted the plan.
19    (c) A waiver from a consolidation required under subsection
20(a) of this Section may be granted if the Administrator finds
21that the consolidation will result in a substantial threat to
22public safety, is economically unreasonable, or is technically
23infeasible.
24    (d) Any decision of the Administrator under this Section
25shall be deemed a final administrative decision and shall be
26subject to judicial review under the Administrative Review Law.

 

 

10000HB1811sam003- 57 -LRB100 08000 SLF 27779 a

1(Source: P.A. 99-6, eff. 1-1-16.)
 
2    (50 ILCS 750/15.4b)
3    Sec. 15.4b. Consolidation grants.
4    (a) The Administrator, with the advice and recommendation
5of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
6System Consolidation Grant Program to defray costs associated
7with 9-1-1 system consolidation of systems outside of a
8municipality with a population in excess of 500,000. The
9awarded grants will be used to offset non-recurring costs
10associated with the consolidation of 9-1-1 systems and shall
11not be used for ongoing operating costs associated with the
12consolidated system. The Department, in consultation with the
13Administrator and the Statewide 9-1-1 Advisory Board, shall
14adopt rules defining the grant process and criteria for issuing
15the grants. The grants should be awarded based on criteria that
16include, but are not limited to:
17        (1) reducing the number of transfers of a 9-1-1 call;
18        (2) reducing the infrastructure required to adequately
19    provide 9-1-1 network services;
20        (3) promoting cost savings from resource sharing among
21    9-1-1 systems;
22        (4) facilitating interoperability and resiliency for
23    the receipt of 9-1-1 calls;
24        (5) reducing the number of 9-1-1 systems or reducing
25    the number of PSAPs within a 9-1-1 system;

 

 

10000HB1811sam003- 58 -LRB100 08000 SLF 27779 a

1        (6) cost saving resulting from 9-1-1 system
2    consolidation; and
3        (7) expanding E9-1-1 service coverage as a result of
4    9-1-1 system consolidation including to areas without
5    E9-1-1 service.
6    Priority shall be given first to counties not providing
79-1-1 service as of January 1, 2016, and next to other entities
8consolidating as required under Section 15.4a of this Act.
9    (b) The 9-1-1 System Consolidation Grant application, as
10defined by Department rules, shall be submitted electronically
11to the Administrator starting January 2, 2016, and every
12January 2 thereafter. The application shall include a modified
139-1-1 system plan as required by this Act in support of the
14consolidation plan. The Administrator shall have until June 30,
152016 and every June 30 thereafter to approve 9-1-1 System
16Consolidation grants and modified 9-1-1 system plans. Payment
17under the approved 9-1-1 System Consolidation grants shall be
18contingent upon the final approval of a modified 9-1-1 system
19plan.
20    (c) Existing and previously completed consolidation
21projects shall be eligible to apply for reimbursement of costs
22related to the consolidation incurred between 2010 and the
23State fiscal year of the application.
24    (d) The 9-1-1 systems that receive grants under this
25Section shall provide a report detailing grant fund usage to
26the Administrator pursuant to Section 40 of this Act.

 

 

10000HB1811sam003- 59 -LRB100 08000 SLF 27779 a

1(Source: P.A. 99-6, eff. 1-1-16.)
 
2    (50 ILCS 750/15.5)
3    Sec. 15.5. Private residential switch service 9-1-1
4service.
5    (a) After June 30, 1995, an entity that provides or
6operates private residential switch service and provides
7telecommunications facilities or services to residents shall
8provide to those residential end users the same level of 9-1-1
9service as the public agency and the telecommunications carrier
10are providing to other residential end users of the local 9-1-1
11system. This service shall include, but not be limited to, the
12capability to identify the telephone number, extension number,
13and the physical location that is the source of the call to the
14number designated as the emergency telephone number.
15    (b) The private residential switch operator is responsible
16for forwarding end user automatic location identification
17record information to the 9-1-1 system provider according to
18the format, frequency, and procedures established by that
19system provider.
20    (c) This Act does not apply to any PBX telephone extension
21that uses radio transmissions to convey electrical signals
22directly between the telephone extension and the serving PBX.
23    (d) An entity that violates this Section is guilty of a
24business offense and shall be fined not less than $1,000 and
25not more than $5,000.

 

 

10000HB1811sam003- 60 -LRB100 08000 SLF 27779 a

1    (e) Nothing in this Section shall be construed to preclude
2the Attorney General on behalf of the Department or on his or
3her own initiative, or any other interested person, from
4seeking judicial relief, by mandamus, injunction, or
5otherwise, to compel compliance with this Section.
6(Source: P.A. 99-6, eff. 1-1-16.)
 
7    (50 ILCS 750/15.6)
8    Sec. 15.6. Enhanced 9-1-1 service; business service.
9    (a) After June 30, 2000, or within 18 months after enhanced
109-1-1 service becomes available, any entity that installs or
11operates a private business switch service and provides
12telecommunications facilities or services to businesses shall
13assure that the system is connected to the public switched
14network in a manner that calls to 9-1-1 result in automatic
15number and location identification. For buildings having their
16own street address and containing workspace of 40,000 square
17feet or less, location identification shall include the
18building's street address. For buildings having their own
19street address and containing workspace of more than 40,000
20square feet, location identification shall include the
21building's street address and one distinct location
22identification per 40,000 square feet of workspace. Separate
23buildings containing workspace of 40,000 square feet or less
24having a common public street address shall have a distinct
25location identification for each building in addition to the

 

 

10000HB1811sam003- 61 -LRB100 08000 SLF 27779 a

1street address.
2    (b) Exemptions. Buildings containing workspace of more
3than 40,000 square feet are exempt from the multiple location
4identification requirements of subsection (a) if the building
5maintains, at all times, alternative and adequate means of
6signaling and responding to emergencies. Those means shall
7include, but not be limited to, a telephone system that
8provides the physical location of 9-1-1 calls coming from
9within the building. Health care facilities are presumed to
10meet the requirements of this paragraph if the facilities are
11staffed with medical or nursing personnel 24 hours per day and
12if an alternative means of providing information about the
13source of an emergency call exists. Buildings under this
14exemption must provide 9-1-1 service that provides the
15building's street address.
16    Buildings containing workspace of more than 40,000 square
17feet are exempt from subsection (a) if the building maintains,
18at all times, alternative and adequate means of signaling and
19responding to emergencies, including a telephone system that
20provides the location of a 9-1-1 call coming from within the
21building, and the building is serviced by its own medical, fire
22and security personnel. Buildings under this exemption are
23subject to emergency phone system certification by the
24Administrator.
25    Buildings in communities not serviced by enhanced 9-1-1
26service are exempt from subsection (a).

 

 

10000HB1811sam003- 62 -LRB100 08000 SLF 27779 a

1    Correctional institutions and facilities, as defined in
2subsection (d) of Section 3-1-2 of the Unified Code of
3Corrections, are exempt from subsection (a).
4    (c) This Act does not apply to any PBX telephone extension
5that uses radio transmissions to convey electrical signals
6directly between the telephone extension and the serving PBX.
7    (d) An entity that violates this Section is guilty of a
8business offense and shall be fined not less than $1,000 and
9not more than $5,000.
10    (e) Nothing in this Section shall be construed to preclude
11the Attorney General on behalf of the Department or on his or
12her own initiative, or any other interested person, from
13seeking judicial relief, by mandamus, injunction, or
14otherwise, to compel compliance with this Section.
15    (f) The Department may promulgate rules for the
16administration of this Section.
17(Source: P.A. 99-6, eff. 1-1-16.)
 
18    (50 ILCS 750/15.6a)
19    Sec. 15.6a. Wireless emergency 9-1-1 service.
20    (a) The digits "9-1-1" shall be the designated emergency
21telephone number within the wireless system.
22    (b) The Department may set non-discriminatory and uniform
23technical and operational standards consistent with the rules
24of the Federal Communications Commission for directing calls to
25authorized public safety answering points. These standards

 

 

10000HB1811sam003- 63 -LRB100 08000 SLF 27779 a

1shall not in any way prescribe the technology or manner a
2wireless carrier shall use to deliver wireless 9-1-1 or
3wireless E9-1-1 calls, and these standards shall not exceed the
4requirements set by the Federal Communications Commission;
5however, standards for directing calls to the authorized public
6safety answering point shall be included. The authority given
7to the Department in this Section is limited to setting
8standards as set forth herein and does not constitute authority
9to regulate wireless carriers.
10    (c) For the purpose of providing wireless 9-1-1 emergency
11services, an emergency telephone system board or, in the
12absence of an emergency telephone system board, a qualified
13governmental entity, may declare its intention for one or more
14of its public safety answering points to serve as a primary
15wireless 9-1-1 public safety answering point for its
16jurisdiction by notifying the Administrator in writing within 6
17months after receiving its authority to operate a 9-1-1 system
18under this Act. In addition, 2 or more emergency telephone
19system boards or qualified governmental entities may, by virtue
20of an intergovernmental agreement, provide wireless 9-1-1
21service. Until the jurisdiction comes into compliance with
22Section 15.4a of this Act, the The Department of State Police
23shall be the primary wireless 9-1-1 public safety answering
24point for any jurisdiction that did not provide notice to the
25Illinois Commerce Commission and the Department prior to
26January 1, 2016.

 

 

10000HB1811sam003- 64 -LRB100 08000 SLF 27779 a

1    (d) The Administrator, upon a request from a qualified
2governmental entity or an emergency telephone system board and
3with the advice and recommendation of the Statewide 9-1-1
4Advisory Board, may grant authority to the emergency telephone
5system board or a qualified governmental entity to provide
6wireless 9-1-1 service in areas for which the Department has
7accepted wireless 9-1-1 responsibility. The Administrator
8shall maintain a current list of all 9-1-1 systems and
9qualified governmental entities providing wireless 9-1-1
10service under this Act.
11(Source: P.A. 99-6, eff. 1-1-16.)
 
12    (50 ILCS 750/15.6b)
13    Sec. 15.6b. Next Generation 9-1-1 service.
14    (a) The Administrator, with the advice and recommendation
15of the Statewide 9-1-1 Advisory Board, shall develop and
16implement a plan for a statewide Next Generation 9-1-1 network.
17The Next Generation 9-1-1 network must be an Internet
18protocol-based platform that at a minimum provides:
19        (1) improved 9-1-1 call delivery;
20        (2) enhanced interoperability;
21        (3) increased ease of communication between 9-1-1
22    service providers, allowing immediate transfer of 9-1-1
23    calls, caller information, photos, and other data
24    statewide;
25        (4) a hosted solution with redundancy built in; and

 

 

10000HB1811sam003- 65 -LRB100 08000 SLF 27779 a

1        (5) compliance with NENA Standards i3 Solution 08-003.
2    (b) By July 1, 2016, the Administrator, with the advice and
3recommendation of the Statewide 9-1-1 Advisory Board, shall
4design and issue a competitive request for a proposal to secure
5the services of a consultant to complete a feasibility study on
6the implementation of a statewide Next Generation 9-1-1 network
7in Illinois. By July 1, 2017, the consultant shall complete the
8feasibility study and make recommendations as to the
9appropriate procurement approach for developing a statewide
10Next Generation 9-1-1 network.
11    (c) Within 12 months of the final report from the
12consultant under subsection (b) of this Section, the Department
13shall procure and finalize a contract with a vendor certified
14under Section 13-900 of the Public Utilities Act to establish a
15statewide Next Generation 9-1-1 network. By July 1, 2020, the
16vendor shall implement a Next Generation 9-1-1 network that
17allows 9-1-1 systems providing 9-1-1 service to Illinois
18residents to access the system utilizing their current
19infrastructure if it meets the standards adopted by the
20Department.
21(Source: P.A. 99-6, eff. 1-1-16.)
 
22    (50 ILCS 750/15.7)
23    Sec. 15.7. Compliance with certification of 9-1-1 system
24providers by the Illinois Commerce Commission. In addition to
25the requirements of this Act, all 9-1-1 system providers must

 

 

10000HB1811sam003- 66 -LRB100 08000 SLF 27779 a

1comply with the requirements of Section 13-900 of the Public
2Utilities Act.
3(Source: P.A. 99-6, eff. 1-1-16.)
 
4    (50 ILCS 750/15.8)
5    Sec. 15.8. 9-1-1 dialing from a business.
6    (a) Any entity that installs or operates a private business
7switch service and provides telecommunications facilities or
8services to businesses shall ensure that all systems installed
9on or after July 1, 2015 (the effective date of Public Act
1098-875) are connected to the public switched network in a
11manner such that when a user dials "9-1-1", the emergency call
12connects to the 9-1-1 system without first dialing any number
13or set of numbers.
14    (b) The requirements of this Section do not apply to:
15        (1) any entity certified by the Illinois Commerce
16    Commission to operate a Private Emergency Answering Point
17    as defined in 83 Ill. Adm. Code 726.105; or
18        (2) correctional institutions and facilities as
19    defined in subsection (d) of Section 3-1-2 of the Unified
20    Code of Corrections.
21    (c) An entity that violates this Section is guilty of a
22business offense and shall be fined not less than $1,000 and
23not more than $5,000.
24(Source: P.A. 98-875, eff. 7-1-15; 99-6, eff. 1-1-16.)
 

 

 

10000HB1811sam003- 67 -LRB100 08000 SLF 27779 a

1    (50 ILCS 750/16)  (from Ch. 134, par. 46)
2    Sec. 16. This Act takes effect July 1, 1975.
3(Source: P.A. 79-1092.)
 
4    (50 ILCS 750/17.5 new)
5    Sec. 17.5. 9-1-1 call transfer, forward, or relay.
6    (a) The General Assembly finds the following:
7        (1) Some 9-1-1 systems throughout this State do not
8    have a procedure in place to manually transfer, forward, or
9    relay 9-1-1 calls originating within one 9-1-1 system's
10    jurisdiction, but which should properly be answered and
11    dispatched by another 9-1-1 system, to the appropriate
12    9-1-1 system for answering and dispatch of first
13    responders.
14        (2) On January 1, 2016, the General Assembly gave
15    oversight authority of 9-1-1 systems to the Department of
16    State Police.
17        (3) Since that date, the Department of State Police has
18    authorized individual 9-1-1 systems in counties and
19    municipalities to implement and upgrade enhanced 9-1-1
20    systems throughout the State.
21    (b) The Department shall prepare a directory of all
22authorized 9-1-1 systems in the State. The directory shall
23include an emergency 24/7 10-digit telephone number for all
24primary public safety answering points located in each 9-1-1
25system to which 9-1-1 calls from another jurisdiction can be

 

 

10000HB1811sam003- 68 -LRB100 08000 SLF 27779 a

1transferred. This directory shall be made available to each
29-1-1 authority for its use in establishing standard operating
3procedures regarding calls outside its 9-1-1 jurisdiction.
4    (c) Each 9-1-1 system shall provide the Department with the
5following information:
6        (1) The name of the PSAP, a list of every participating
7    agency, and the county the PSAP is in, including college
8    and university public safety entities.
9        (2) The 24/7 10-digit emergency telephone number and
10    email address for the dispatch agency to which 9-1-1 calls
11    originating in another 9-1-1 jurisdiction can be
12    transferred or by which the PSAP can be contacted via email
13    to exchange information. Each 9-1-1 system shall provide
14    the Department with any changes to the participating
15    agencies and this number and email address immediately upon
16    the change occurring. Each 9-1-1 system shall provide the
17    PSAP information, the 24/7 10-digit emergency telephone
18    number and email address to the Manager of the Department's
19    9-1-1 Program within 30 days of the effective date of this
20    amendatory Act of the 100th General Assembly.
21        (3) The standard operating procedure describing the
22    manner in which the 9-1-1 system will transfer, forward, or
23    relay 9-1-1 calls originating within its jurisdiction, but
24    which should properly be answered and dispatched by another
25    9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1
26    system shall provide the standard operating procedures to

 

 

10000HB1811sam003- 69 -LRB100 08000 SLF 27779 a

1    the Manager of the Department's 9-1-1 Program within 180
2    days after the effective date of this amendatory Act of the
3    100th General Assembly.
 
4    (50 ILCS 750/19)
5    Sec. 19. Statewide 9-1-1 Advisory Board.
6    (a) Beginning July 1, 2015, there is created the Statewide
79-1-1 Advisory Board within the Department of State Police. The
8Board shall consist of the following 11 voting members:
9        (1) The Director of the State Police, or his or her
10    designee, who shall serve as chairman.
11        (2) The Executive Director of the Commission, or his or
12    her designee.
13        (3) Nine members appointed by the Governor as follows:
14            (A) one member representing the Illinois chapter
15        of the National Emergency Number Association, or his or
16        her designee;
17            (B) one member representing the Illinois chapter
18        of the Association of Public-Safety Communications
19        Officials, or his or her designee;
20            (C) one member representing a county 9-1-1 system
21        from a county with a population of less than 50,000;
22            (D) one member representing a county 9-1-1 system
23        from a county with a population between 50,000 and
24        250,000;
25            (E) one member representing a county 9-1-1 system

 

 

10000HB1811sam003- 70 -LRB100 08000 SLF 27779 a

1        from a county with a population of more than 250,000;
2            (F) one member representing a municipality with a
3        population of less than 500,000 in a county with a
4        population in excess of 2,000,000;
5            (G) one member representing the Illinois
6        Association of Chiefs of Police;
7            (H) one member representing the Illinois Sheriffs'
8        Association; and
9            (I) one member representing the Illinois Fire
10        Chiefs Association.
11    The Governor shall appoint the following non-voting
12members: (i) one member representing an incumbent local
13exchange 9-1-1 system provider; (ii) one member representing a
14non-incumbent local exchange 9-1-1 system provider; (iii) one
15member representing a large wireless carrier; (iv) one member
16representing an incumbent local exchange a small wireless
17carrier; and (v) one member representing the Illinois
18Telecommunications Association; (vi) one member representing
19the Cable Television and Communication Association of
20Illinois; and (vii) one member representing the Illinois State
21Ambulance Association. The Speaker of the House of
22Representatives, the Minority Leader of the House of
23Representatives, the President of the Senate, and the Minority
24Leader of the Senate may each appoint a member of the General
25Assembly to temporarily serve as a non-voting member of the
26Board during the 12 months prior to the repeal date of this Act

 

 

10000HB1811sam003- 71 -LRB100 08000 SLF 27779 a

1to discuss legislative initiatives of the Board.
2    (b) The Governor shall make initial appointments to the
3Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
4voting members appointed by the Governor shall serve an initial
5term of 2 years, and the remaining voting members appointed by
6the Governor shall serve an initial term of 3 years.
7Thereafter, each appointment by the Governor shall be for a
8term of 3 years. Non-voting members shall serve for a term of 3
9years. Vacancies shall be filled in the same manner as the
10original appointment. Persons appointed to fill a vacancy shall
11serve for the balance of the unexpired term.
12    Members of the Statewide 9-1-1 Advisory Board shall serve
13without compensation.
14    (c) The 9-1-1 Services Advisory Board, as constituted on
15June 1, 2015 without the legislative members, shall serve in
16the role of the Statewide 9-1-1 Advisory Board until all
17appointments of voting members have been made by the Governor
18under subsection (a) of this Section.
19    (d) The Statewide 9-1-1 Advisory Board shall:
20        (1) advise the Department of State Police and the
21    Statewide 9-1-1 Administrator on the oversight of 9-1-1
22    systems and the development and implementation of a uniform
23    statewide 9-1-1 system;
24        (2) make recommendations to the Governor and the
25    General Assembly regarding improvements to 9-1-1 services
26    throughout the State; and

 

 

10000HB1811sam003- 72 -LRB100 08000 SLF 27779 a

1        (3) exercise all other powers and duties provided in
2    this Act.
3    (e) The Statewide 9-1-1 Advisory Board shall submit to the
4General Assembly a report by March 1 of each year providing an
5update on the transition to a statewide 9-1-1 system and
6recommending any legislative action.
7    (f) The Department of State Police shall provide
8administrative support to the Statewide 9-1-1 Advisory Board.
9(Source: P.A. 99-6, eff. 6-29-15.)
 
10    (50 ILCS 750/20)
11    Sec. 20. Statewide surcharge.
12    (a) On and after January 1, 2016, and except with respect
13to those customers who are subject to surcharges as provided in
14Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
15be imposed on all customers of telecommunications carriers and
16wireless carriers as follows:
17        (1) Each telecommunications carrier shall impose a
18    monthly surcharge of $0.87 per network connection;
19    provided, however, the monthly surcharge shall not apply to
20    a network connection provided for use with pay telephone
21    services. Where multiple voice grade communications
22    channels are connected between the subscriber's premises
23    and a public switched network through private branch
24    exchange (PBX), or centrex type service, or other multiple
25    voice grade communication channels facility, there shall

 

 

10000HB1811sam003- 73 -LRB100 08000 SLF 27779 a

1    be imposed 5 such surcharges per network connection for
2    both regular service and advanced service provisioned
3    trunk lines. Until December 31, 2017, the surcharge shall
4    be $0.87 per network connection and on and after January 1,
5    2018, the surcharge shall be $1.50 per network connection.
6        (2) Each wireless carrier shall impose and collect a
7    monthly surcharge of $0.87 per CMRS connection that either
8    has a telephone number within an area code assigned to
9    Illinois by the North American Numbering Plan
10    Administrator or has a billing address in this State. Until
11    December 31, 2017, the surcharge shall be $0.87 per
12    connection and on and after January 1, 2018, the surcharge
13    shall be $1.50 per connection.
14    (b) State and local taxes shall not apply to the surcharges
15imposed under this Section.
16    (c) The surcharges imposed by this Section shall be stated
17as a separately stated item on subscriber bills.
18    (d) The telecommunications carrier collecting the
19surcharge may deduct and retain an amount not to exceed shall
20also be entitled to deduct 3% of the gross amount of surcharge
21collected to reimburse the telecommunications carrier for the
22expense of accounting and collecting the surcharge. On and
23after July 1, 2022, the wireless carrier collecting a surcharge
24under this Section may deduct and retain an amount not to
25exceed shall be entitled to deduct up to 3% of the gross amount
26of the surcharge collected to reimburse the wireless carrier

 

 

10000HB1811sam003- 74 -LRB100 08000 SLF 27779 a

1for the expense of accounting and collecting the surcharge.
2    (e) Surcharges imposed under this Section shall be
3collected by the carriers and shall be remitted to the
4Department, within 30 days of collection, remitted, either by
5check or electronic funds transfer, by the end of the next
6calendar month after the calendar month in which it was
7collected to the Department for deposit into the Statewide
89-1-1 Fund. Carriers are not required to remit surcharge moneys
9that are billed to subscribers but not yet collected.
10    The first remittance by wireless carriers shall include the
11number of subscribers by zip code, and the 9-digit zip code if
12currently being used or later implemented by the carrier, that
13shall be the means by which the Department shall determine
14distributions from the Statewide 9-1-1 Fund. This information
15shall be updated at least once each year. Any carrier that
16fails to provide the zip code information required under this
17subsection (e) shall be subject to the penalty set forth in
18subsection (g) of this Section.
19    (f) If, within 8 calendar 5 business days after it is due
20under subsection (e) of this Section, a carrier does not remit
21the surcharge or any portion thereof required under this
22Section, then the surcharge or portion thereof shall be deemed
23delinquent until paid in full, and the Department may impose a
24penalty against the carrier in an amount equal to the greater
25of:
26        (1) $25 for each month or portion of a month from the

 

 

10000HB1811sam003- 75 -LRB100 08000 SLF 27779 a

1    time an amount becomes delinquent until the amount is paid
2    in full; or
3        (2) an amount equal to the product of 1% and the sum of
4    all delinquent amounts for each month or portion of a month
5    that the delinquent amounts remain unpaid.
6    A penalty imposed in accordance with this subsection (f)
7for a portion of a month during which the carrier pays the
8delinquent amount in full shall be prorated for each day of
9that month that the delinquent amount was paid in full. Any
10penalty imposed under this subsection (f) is in addition to the
11amount of the delinquency and is in addition to any other
12penalty imposed under this Section.
13    (g) If, within 8 calendar 5 business days after it is due,
14a wireless carrier does not provide the number of subscribers
15by zip code as required under subsection (e) of this Section,
16then the report is deemed delinquent and the Department may
17impose a penalty against the carrier in an amount equal to the
18greater of:
19        (1) $25 for each month or portion of a month that the
20    report is delinquent; or
21        (2) an amount equal to the product of $0.01 and the
22    number of subscribers served by the carrier for each month
23    or portion of a month that the delinquent report is not
24    provided.
25    A penalty imposed in accordance with this subsection (g)
26for a portion of a month during which the carrier provides the

 

 

10000HB1811sam003- 76 -LRB100 08000 SLF 27779 a

1number of subscribers by zip code as required under subsection
2(e) of this Section shall be prorated for each day of that
3month during which the carrier had not provided the number of
4subscribers by zip code as required under subsection (e) of
5this Section. Any penalty imposed under this subsection (g) is
6in addition to any other penalty imposed under this Section.
7    (h) A penalty imposed and collected in accordance with
8subsection (f) or (g) of this Section shall be deposited into
9the Statewide 9-1-1 Fund for distribution according to Section
1030 of this Act.
11    (i) The Department may enforce the collection of any
12delinquent amount and any penalty due and unpaid under this
13Section by legal action or in any other manner by which the
14collection of debts due the State of Illinois may be enforced
15under the laws of this State. The Department may excuse the
16payment of any penalty imposed under this Section if the
17Administrator determines that the enforcement of this penalty
18is unjust.
19    (j) Notwithstanding any provision of law to the contrary,
20nothing shall impair the right of wireless carriers to recover
21compliance costs for all emergency communications services
22that are not reimbursed out of the Wireless Carrier
23Reimbursement Fund directly from their wireless subscribers by
24line-item charges on the wireless subscriber's bill. Those
25compliance costs include all costs incurred by wireless
26carriers in complying with local, State, and federal regulatory

 

 

10000HB1811sam003- 77 -LRB100 08000 SLF 27779 a

1or legislative mandates that require the transmission and
2receipt of emergency communications to and from the general
3public, including, but not limited to, E9-1-1.
4(Source: P.A. 99-6, eff. 1-1-16.)
 
5    (50 ILCS 750/30)
6    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
7    (a) A special fund in the State treasury known as the
8Wireless Service Emergency Fund shall be renamed the Statewide
99-1-1 Fund. Any appropriations made from the Wireless Service
10Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
11The Fund shall consist of the following:
12        (1) 9-1-1 wireless surcharges assessed under the
13    Wireless Emergency Telephone Safety Act.
14        (2) 9-1-1 surcharges assessed under Section 20 of this
15    Act.
16        (3) Prepaid wireless 9-1-1 surcharges assessed under
17    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
18        (4) Any appropriations, grants, or gifts made to the
19    Fund.
20        (5) Any income from interest, premiums, gains, or other
21    earnings on moneys in the Fund.
22        (6) Money from any other source that is deposited in or
23    transferred to the Fund.
24    (b) Subject to appropriation and availability of funds, the
25Department shall distribute the 9-1-1 surcharges monthly as

 

 

10000HB1811sam003- 78 -LRB100 08000 SLF 27779 a

1follows:
2        (1) From each surcharge collected and remitted under
3    Section 20 of this Act:
4            (A) $0.013 shall be distributed monthly in equal
5        amounts to each County Emergency Telephone System
6        Board or qualified governmental entity in counties
7        with a population under 100,000 according to the most
8        recent census data which is authorized to serve as a
9        primary wireless 9-1-1 public safety answering point
10        for the county and to provide wireless 9-1-1 service as
11        prescribed by subsection (b) of Section 15.6a of this
12        Act, and which does provide such service.
13            (B) $0.033 shall be transferred by the Comptroller
14        at the direction of the Department to the Wireless
15        Carrier Reimbursement Fund until June 30, 2017; from
16        July 1, 2017 through June 30, 2018, $0.026 shall be
17        transferred; from July 1, 2018 through June 30, 2019,
18        $0.020 shall be transferred; from July 1, 2019, through
19        June 30, 2020, $0.013 shall be transferred; from July
20        1, 2020 through June 30, 2021, $0.007 will be
21        transferred; and after June 30, 2021, no transfer shall
22        be made to the Wireless Carrier Reimbursement Fund.
23            (C) Until December 31, 2017, $0.007 and on and
24        after January 1, 2018, $0.017 shall be used to cover
25        the Department's administrative costs.
26            (D) Beginning January 1, 2018, until June 30, 2020,

 

 

10000HB1811sam003- 79 -LRB100 08000 SLF 27779 a

1        $0.12, and on and after July 1, 2020, $0.04 shall be
2        used to make monthly proportional grants to the
3        appropriate 9-1-1 Authority currently taking wireless
4        9-1-1 based upon the United States Postal Zip Code of
5        the billing addresses of subscribers wireless
6        carriers.
7            (E) Until June 30, 2020, $0.05 shall be used by the
8        Department for grants for NG9-1-1 expenses, with
9        priority given to 9-1-1 Authorities that provide 9-1-1
10        service within the territory of a Large Electing
11        Provider as defined in Section 13-406.1 of the Public
12        Utilities Act.
13            (F) On and after July 1, 2020, $0.13 shall be used
14        for the implementation of and continuing expenses for
15        the Statewide NG9-1-1 system.
16        (2) After disbursements under paragraph (1) of this
17    subsection (b), all remaining funds in the Statewide 9-1-1
18    Fund shall be disbursed in the following priority order:
19            (A) The Fund shall will pay monthly to:
20                (i) the 9-1-1 Authorities that imposed
21            surcharges under Section 15.3 of this Act and were
22            required to report to the Illinois Commerce
23            Commission under Section 27 of the Wireless
24            Emergency Telephone Safety Act on October 1, 2014,
25            except a 9-1-1 Authority in a municipality with a
26            population in excess of 500,000, an amount equal to

 

 

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1            the average monthly wireline and VoIP surcharge
2            revenue attributable to the most recent 12-month
3            period reported to the Department under that
4            Section for the October 1, 2014 filing, subject to
5            the power of the Department to investigate the
6            amount reported and adjust the number by order
7            under Article X of the Public Utilities Act, so
8            that the monthly amount paid under this item
9            accurately reflects one-twelfth of the aggregate
10            wireline and VoIP surcharge revenue properly
11            attributable to the most recent 12-month period
12            reported to the Commission; or
13                (ii) county qualified governmental entities
14            that did not impose a surcharge under Section 15.3
15            as of December 31, 2015, and counties that did not
16            impose a surcharge as of June 30, 2015, an amount
17            equivalent to their population multiplied by .37
18            multiplied by the rate of $0.69; counties that are
19            not county qualified governmental entities and
20            that did not impose a surcharge as of December 31,
21            2015, shall not begin to receive the payment
22            provided for in this subsection until E9-1-1 and
23            wireless E9-1-1 services are provided within their
24            counties; or
25                (iii) counties without 9-1-1 service that had
26            a surcharge in place by December 31, 2015, an

 

 

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1            amount equivalent to their population multiplied
2            by .37 multiplied by their surcharge rate as
3            established by the referendum.
4            (B) All 9-1-1 network costs for systems outside of
5        municipalities with a population of at least 500,000
6        shall be paid by the Department directly to the
7        vendors.
8            (C) All expenses incurred by the Administrator and
9        the Statewide 9-1-1 Advisory Board and costs
10        associated with procurement under Section 15.6b
11        including requests for information and requests for
12        proposals.
13            (D) Funds may be held in reserve by the Statewide
14        9-1-1 Advisory Board and disbursed by the Department
15        for grants under Section 15.4b of this Act Sections
16        15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5
17        million per year in State fiscal years 2016 and 2017;
18        up to $20 $13.5 million in State fiscal year 2018; up
19        to $20.9 $14.4 million in State fiscal year 2019; up to
20        $15.3 million in State fiscal year 2020; up to $16.2
21        million in State fiscal year 2021; up to $23.1 million
22        in State fiscal year 2022; and up to $17.0 million per
23        year for State fiscal year 2023 and each year
24        thereafter. The amount held in reserve in State fiscal
25        years 2018 and 2019 shall not be less than $6.5
26        million. Disbursements under this subparagraph (D)

 

 

10000HB1811sam003- 82 -LRB100 08000 SLF 27779 a

1        shall be prioritized as follows: (i) consolidation
2        grants prioritized under subsection (a) of Section
3        15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)
4        consolidation grants under Section 15.4b of this Act
5        for consolidation expenses incurred between January 1,
6        2010, and January 1, 2016.
7            (E) All remaining funds per remit month shall be
8        used to make monthly proportional grants to the
9        appropriate 9-1-1 Authority currently taking wireless
10        9-1-1 based upon the United States Postal Zip Code of
11        the billing addresses of subscribers of wireless
12        carriers.
13    (c) The moneys deposited into the Statewide 9-1-1 Fund
14under this Section shall not be subject to administrative
15charges or chargebacks unless otherwise authorized by this Act.
16    (d) Whenever two or more 9-1-1 Authorities consolidate, the
17resulting Joint Emergency Telephone System Board shall be
18entitled to the monthly payments that had theretofore been made
19to each consolidating 9-1-1 Authority. Any reserves held by any
20consolidating 9-1-1 Authority shall be transferred to the
21resulting Joint Emergency Telephone System Board. Whenever a
22county that has no 9-1-1 service as of January 1, 2016 enters
23into an agreement to consolidate to create or join a Joint
24Emergency Telephone System Board, the Joint Emergency
25Telephone System Board shall be entitled to the monthly
26payments that would have otherwise been paid to the county if

 

 

10000HB1811sam003- 83 -LRB100 08000 SLF 27779 a

1it had provided 9-1-1 service.
2(Source: P.A. 99-6, eff. 1-1-16.)
 
3    (50 ILCS 750/35)
4    Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
5as otherwise provided in this Act, expenditures from surcharge
6revenues received under this Act may be made by municipalities,
7counties, and 9-1-1 Authorities only to pay for the costs
8associated with the following:
9        (1) The design of the Emergency Telephone System.
10        (2) The coding of an initial Master Street Address
11    Guide database, and update and maintenance thereof.
12        (3) The repayment of any moneys advanced for the
13    implementation of the system.
14        (4) The charges for Automatic Number Identification
15    and Automatic Location Identification equipment, a
16    computer aided dispatch system that records, maintains,
17    and integrates information, mobile data transmitters
18    equipped with automatic vehicle locators, and maintenance,
19    replacement, and update thereof to increase operational
20    efficiency and improve the provision of emergency
21    services.
22        (5) The non-recurring charges related to installation
23    of the Emergency Telephone System.
24        (6) The initial acquisition and installation, or the
25    reimbursement of costs therefor to other governmental

 

 

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1    bodies that have incurred those costs, of road or street
2    signs that are essential to the implementation of the
3    Emergency Telephone System and that are not duplicative of
4    signs that are the responsibility of the jurisdiction
5    charged with maintaining road and street signs. Funds may
6    not be used for ongoing expenses associated with road or
7    street sign maintenance and replacement.
8        (7) Other products and services necessary for the
9    implementation, upgrade, and maintenance of the system and
10    any other purpose related to the operation of the system,
11    including costs attributable directly to the construction,
12    leasing, or maintenance of any buildings or facilities or
13    costs of personnel attributable directly to the operation
14    of the system. Costs attributable directly to the operation
15    of an emergency telephone system do not include the costs
16    of public safety agency personnel who are and equipment
17    that is dispatched in response to an emergency call.
18        (8) The defraying of expenses incurred to implement
19    Next Generation 9-1-1, subject to the conditions set forth
20    in this Act.
21        (9) The implementation of a computer aided dispatch
22    system or hosted supplemental 9-1-1 services.
23        (10) The design, implementation, operation,
24    maintenance, or upgrade of wireless 9-1-1, or E9-1-1, or
25    NG9-1-1 emergency services and public safety answering
26    points.

 

 

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1    Moneys in the Statewide 9-1-1 Fund may also be transferred
2to a participating fire protection district to reimburse
3volunteer firefighters who man remote telephone switching
4facilities when dedicated 9-1-1 lines are down.
5    In the case of a municipality with a population over
6500,000, moneys may also be used for any anti-terrorism or
7emergency preparedness measures, including, but not limited
8to, preparedness planning, providing local matching funds for
9federal or State grants, personnel training, and specialized
10equipment, including surveillance cameras, as needed to deal
11with natural and terrorist-inspired emergency situations or
12events.
13(Source: P.A. 99-6, eff. 1-1-16.)
 
14    (50 ILCS 750/40)
15    Sec. 40. Financial reports.
16    (a) The Department shall create uniform accounting
17procedures, with such modification as may be required to give
18effect to statutory provisions applicable only to
19municipalities with a population in excess of 500,000, that any
20emergency telephone system board, qualified governmental
21entity, or unit of local government receiving surcharge money
22pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
23    (b) By January 31, 2018, and every January 31 thereafter
24October 1, 2016, and every October 1 thereafter, each emergency
25telephone system board, qualified governmental entity, or unit

 

 

10000HB1811sam003- 86 -LRB100 08000 SLF 27779 a

1of local government receiving surcharge money pursuant to
2Section 15.3, 15.3a, or 30 shall report to the Department
3audited financial statements showing total revenue and
4expenditures for the period beginning with the end of the
5period covered by the last submitted report through the end of
6the previous calendar year previous fiscal year in a form and
7manner as prescribed by the Department. Such financial
8information shall include:
9        (1) a detailed summary of revenue from all sources
10    including, but not limited to, local, State, federal, and
11    private revenues, and any other funds received;
12        (2) all expenditures made during the reporting period
13    from distributions under this Act; operating expenses,
14    capital expenditures, and cash balances; and
15        (3) call data and statistics, when available, from the
16    reporting period, as specified by the Department and
17    collected in accordance with any reporting method
18    established or required such other financial information
19    that is relevant to the provision of 9-1-1 services as
20    determined by the Department; .
21        (4) all costs associated with dispatching appropriate
22    public safety agencies to respond to 9-1-1 calls received
23    by the PSAP; and
24        (5) all funding sources and amounts of funding used for
25    costs described in paragraph (4) of this subsection (b).
26    The emergency telephone system board, qualified

 

 

10000HB1811sam003- 87 -LRB100 08000 SLF 27779 a

1governmental entity, or unit of local government is responsible
2for any costs associated with auditing such financial
3statements. The Department shall post the audited financial
4statements on the Department's website.
5    (c) Along with its audited financial statement, each
6emergency telephone system board, qualified governmental
7entity, or unit of local government receiving a grant under
8Section 15.4b of this Act shall include a report of the amount
9of grant moneys received and how the grant moneys were used. In
10case of a conflict between this requirement and the Grant
11Accountability and Transparency Act, or with the rules of the
12Governor's Office of Management and Budget adopted thereunder,
13that Act and those rules shall control.
14    (d) If an emergency telephone system board or qualified
15governmental entity that receives funds from the Statewide
169-1-1 Fund fails to file the 9-1-1 system financial reports as
17required under this Section, the Department shall suspend and
18withhold monthly disbursements otherwise due to the emergency
19telephone system board or qualified governmental entity under
20Section 30 of this Act until the report is filed.
21    Any monthly disbursements that have been withheld for 12
22months or more shall be forfeited by the emergency telephone
23system board or qualified governmental entity and shall be
24distributed proportionally by the Department to compliant
25emergency telephone system boards and qualified governmental
26entities that receive funds from the Statewide 9-1-1 Fund.

 

 

10000HB1811sam003- 88 -LRB100 08000 SLF 27779 a

1    Any emergency telephone system board or qualified
2governmental entity not in compliance with this Section shall
3be ineligible to receive any consolidation grant or
4infrastructure grant issued under this Act.
5    (e) The Department may adopt emergency rules necessary to
6implement the provisions of this Section.
7    (f) Any findings or decisions of the Department under this
8Section shall be deemed a final administrative decision and
9shall be subject to judicial review under the Administrative
10Review Law.
11    (g) Beginning October 1, 2017, the Department shall provide
12a quarterly report to the Board of its expenditures from the
13Statewide 9-1-1 Fund for the prior fiscal quarter.
14(Source: P.A. 99-6, eff. 1-1-16.)
 
15    (50 ILCS 750/45)
16    Sec. 45. Wireless Carrier Reimbursement Fund.
17    (a) A special fund in the State treasury known as the
18Wireless Carrier Reimbursement Fund, which was created
19previously under Section 30 of the Wireless Emergency Telephone
20Safety Act, shall continue in existence without interruption
21notwithstanding the repeal of that Act. Moneys in the Wireless
22Carrier Reimbursement Fund may be used, subject to
23appropriation, only (i) to reimburse wireless carriers for all
24of their costs incurred in complying with the applicable
25provisions of Federal Communications Commission wireless

 

 

10000HB1811sam003- 89 -LRB100 08000 SLF 27779 a

1enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
2and necessary costs of the Illinois Commerce Commission in
3exercising its rights, duties, powers, and functions under this
4Act. This reimbursement to wireless carriers may include, but
5need not be limited to, the cost of designing, upgrading,
6purchasing, leasing, programming, installing, testing, and
7maintaining necessary data, hardware, and software and
8associated operating and administrative costs and overhead.
9    (b) To recover costs from the Wireless Carrier
10Reimbursement Fund, the wireless carrier shall submit sworn
11invoices to the Illinois Commerce Commission. In no event may
12any invoice for payment be approved for (i) costs that are not
13related to compliance with the requirements established by the
14wireless enhanced 9-1-1 mandates of the Federal Communications
15Commission, or (ii) costs with respect to any wireless enhanced
169-1-1 service that is not operable at the time the invoice is
17submitted.
18    (c) If in any month the total amount of invoices submitted
19to the Illinois Commerce Commission and approved for payment
20exceeds the amount available in the Wireless Carrier
21Reimbursement Fund, wireless carriers that have invoices
22approved for payment shall receive a pro-rata share of the
23amount available in the Wireless Carrier Reimbursement Fund
24based on the relative amount of their approved invoices
25available that month, and the balance of the payments shall be
26carried into the following months until all of the approved

 

 

10000HB1811sam003- 90 -LRB100 08000 SLF 27779 a

1payments are made.
2    (d) A wireless carrier may not receive payment from the
3Wireless Carrier Reimbursement Fund for its costs of providing
4wireless enhanced 9-1-1 services in an area when a unit of
5local government or emergency telephone system board provides
6wireless 9-1-1 services in that area and was imposing and
7collecting a wireless carrier surcharge prior to July 1, 1998.
8    (e) The Illinois Commerce Commission shall maintain
9detailed records of all receipts and disbursements and shall
10provide an annual accounting of all receipts and disbursements
11to the Auditor General.
12    (f) The Illinois Commerce Commission must annually review
13the balance in the Wireless Carrier Reimbursement Fund as of
14June 30 of each year and shall direct the Comptroller to
15transfer into the Statewide 9-1-1 Fund for distribution in
16accordance with subsection (b) of Section 30 of this Act any
17amount in excess of outstanding invoices as of June 30 of each
18year.
19    (g) The Illinois Commerce Commission shall adopt rules to
20govern the reimbursement process.
21(Source: P.A. 99-6, eff. 1-1-16.)
 
22    (50 ILCS 750/50)
23    Sec. 50. Fund audits. The Auditor General shall conduct as
24a part of its bi-annual audit, an audit of the Statewide 9-1-1
25Fund and the Wireless Carrier Reimbursement Fund for compliance

 

 

10000HB1811sam003- 91 -LRB100 08000 SLF 27779 a

1with the requirements of this Act. The audit shall include, but
2not be limited to, the following determinations:
3        (1) Whether detailed records of all receipts and
4    disbursements from the Statewide 9-1-1 Fund and the
5    Wireless Carrier Reimbursement Fund are being maintained.
6        (2) Whether administrative costs charged to the funds
7    are adequately documented and are reasonable.
8        (3) Whether the procedures for making disbursements
9    and grants and providing reimbursements in accordance with
10    the Act are adequate.
11        (4) The status of the implementation of statewide 9-1-1
12    service and Next Generation 9-1-1 service in Illinois.
13    The Illinois Commerce Commission, the Department of State
14Police, and any other entity or person that may have
15information relevant to the audit shall cooperate fully and
16promptly with the Office of the Auditor General in conducting
17the audit. The Auditor General shall commence the audit as soon
18as possible and distribute the report upon completion in
19accordance with Section 3-14 of the Illinois State Auditing
20Act.
21(Source: P.A. 99-6, eff. 1-1-16.)
 
22    (50 ILCS 750/55)
23    Sec. 55. Public disclosure. Because of the highly
24competitive nature of the wireless telephone industry, public
25disclosure of information about surcharge moneys paid by

 

 

10000HB1811sam003- 92 -LRB100 08000 SLF 27779 a

1wireless carriers could have the effect of stifling competition
2to the detriment of the public and the delivery of wireless
39-1-1 services. Therefore, the Illinois Commerce Commission,
4the Department of State Police, governmental agencies, and
5individuals with access to that information shall take
6appropriate steps to prevent public disclosure of this
7information. Information and data supporting the amount and
8distribution of surcharge moneys collected and remitted by an
9individual wireless carrier shall be deemed exempt information
10for purposes of the Freedom of Information Act and shall not be
11publicly disclosed. The gross amount paid by all carriers shall
12not be deemed exempt and may be publicly disclosed.
13(Source: P.A. 99-6, eff. 1-1-16.)
 
14    (50 ILCS 750/60)
15    Sec. 60. Interconnected VoIP providers. Interconnected
16VoIP providers in Illinois shall be subject in a competitively
17neutral manner to the same provisions of this Act as are
18provided for telecommunications carriers. Interconnected VoIP
19services shall not be considered an intrastate
20telecommunications service for the purposes of this Act in a
21manner inconsistent with federal law or Federal Communications
22Commission regulation.
23(Source: P.A. 99-6, eff. 1-1-16.)
 
24    (50 ILCS 750/75)

 

 

10000HB1811sam003- 93 -LRB100 08000 SLF 27779 a

1    Sec. 75. Transfer of rights, functions, powers, duties, and
2property to Department of State Police; rules and standards;
3savings provisions.
4    (a) On January 1, 2016, the rights, functions, powers, and
5duties of the Illinois Commerce Commission as set forth in this
6Act and the Wireless Emergency Telephone Safety Act existing
7prior to January 1, 2016, are transferred to and shall be
8exercised by the Department of State Police. On or before
9January 1, 2016, the Commission shall transfer and deliver to
10the Department all books, records, documents, property (real
11and personal), unexpended appropriations, and pending business
12pertaining to the rights, powers, duties, and functions
13transferred to the Department under Public Act 99-6.
14    (b) The rules and standards of the Commission that are in
15effect on January 1, 2016 and that pertain to the rights,
16powers, duties, and functions transferred to the Department
17under Public Act 99-6 shall become the rules and standards of
18the Department on January 1, 2016, and shall continue in effect
19until amended or repealed by the Department.
20    Any rules pertaining to the rights, powers, duties, and
21functions transferred to the Department under Public Act 99-6
22that have been proposed by the Commission but have not taken
23effect or been finally adopted by January 1, 2016, shall become
24proposed rules of the Department on January 1, 2016, and any
25rulemaking procedures that have already been completed by the
26Commission for those proposed rules need not be repealed.

 

 

10000HB1811sam003- 94 -LRB100 08000 SLF 27779 a

1    As soon as it is practical after January 1, 2016, the
2Department shall revise and clarify the rules transferred to it
3under Public Act 99-6 to reflect the transfer of rights,
4powers, duties, and functions effected by Public Act 99-6 using
5the procedures for recodification of rules available under the
6Illinois Administrative Procedure Act, except that existing
7title, part, and section numbering for the affected rules may
8be retained. The Department may propose and adopt under the
9Illinois Administrative Procedure Act any other rules
10necessary to consolidate and clarify those rules.
11    (c) The rights, powers, duties, and functions transferred
12to the Department by Public Act 99-6 shall be vested in and
13exercised by the Department subject to the provisions of this
14Act and the Wireless Emergency Telephone Safety Act. An act
15done by the Department or an officer, employee, or agent of the
16Department in the exercise of the transferred rights, powers,
17duties, and functions shall have the same legal effect as if
18done by the Commission or an officer, employee, or agent of the
19Commission.
20    The transfer of rights, powers, duties, and functions to
21the Department under Public Act 99-6 does not invalidate any
22previous action taken by or in respect to the Commission, its
23officers, employees, or agents. References to the Commission or
24its officers, employees, or agents in any document, contract,
25agreement, or law shall, in appropriate contexts, be deemed to
26refer to the Department or its officers, employees, or agents.

 

 

10000HB1811sam003- 95 -LRB100 08000 SLF 27779 a

1    The transfer of rights, powers, duties, and functions to
2the Department under Public Act 99-6 does not affect any
3person's rights, obligations, or duties, including any civil or
4criminal penalties applicable thereto, arising out of those
5transferred rights, powers, duties, and functions.
6    Public Act 99-6 does not affect any act done, ratified, or
7cancelled, any right occurring or established, or any action or
8proceeding commenced in an administrative, civil, or criminal
9case before January 1, 2016. Any such action or proceeding that
10pertains to a right, power, duty, or function transferred to
11the Department under Public Act 99-6 that is pending on that
12date may be prosecuted, defended, or continued by the
13Commission.
14    For the purposes of Section 9b of the State Finance Act,
15the Department is the successor to the Commission with respect
16to the rights, duties, powers, and functions transferred by
17Public Act 99-6.
18    (d) The Department is authorized to enter into an
19intergovernmental agreement with the Commission for the
20purpose of having the Commission assist the Department and the
21Statewide 9-1-1 Administrator in carrying out their duties and
22functions under this Act. The agreement may provide for funding
23for the Commission for its assistance to the Department and the
24Statewide 9-1-1 Administrator.
25(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16.)
 

 

 

10000HB1811sam003- 96 -LRB100 08000 SLF 27779 a

1    (50 ILCS 750/80 new)
2    Sec. 80. Continuation of Act; validation.
3    (a) The General Assembly finds and declares that this
4amendatory Act of the 100th General Assembly manifests the
5intention of the General Assembly to extend the repeal of this
6Act and have this Act continue in effect until December 31,
72020.
8    (b) This Section shall be deemed to have been in continuous
9effect since July 1, 2017 and it shall continue to be in effect
10henceforward until it is otherwise lawfully repealed. All
11previously enacted amendments to this Act taking effect on or
12after July 1, 2017, are hereby validated. All actions taken in
13reliance on or under this Act by the Department of State Police
14or any other person or entity are hereby validated.
15    (c) In order to ensure the continuing effectiveness of this
16Act, it is set forth in full and reenacted by this amendatory
17Act of the 100th General Assembly. Striking and underscoring
18are used only to show changes being made to the base text. This
19reenactment is intended as a continuation of this Act. It is
20not intended to supersede any amendment to this Act that is
21enacted by the 100th General Assembly.
 
22    (50 ILCS 750/99)
23    Sec. 99. Repealer. This Act is repealed on December 31,
242020 July 1, 2017.
25(Source: P.A. 99-6, eff. 6-29-15.)
 

 

 

10000HB1811sam003- 97 -LRB100 08000 SLF 27779 a

1    Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
2amended by changing Section 15 as follows:
 
3    (50 ILCS 753/15)
4    Sec. 15. Prepaid wireless 9-1-1 surcharge.
5    (a) Until September 30, 2015, there is hereby imposed on
6consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail
7transaction. Beginning October 1, 2015, the prepaid wireless
89-1-1 surcharge shall be 3% per retail transaction. The
9surcharge authorized by this subsection (a) does not apply in a
10home rule municipality having a population in excess of
11500,000.
12    (a-5) On or after the effective date of this amendatory Act
13of the 98th General Assembly and until December 31, 2020, July
141, 2017, a home rule municipality having a population in excess
15of 500,000 on the effective date of this amendatory Act may
16impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
17retail transaction sourced to that jurisdiction and collected
18and remitted in accordance with the provisions of subsection
19(b-5) of this Section. On or after January 1, 2021, July 1,
202017, a home rule municipality having a population in excess of
21500,000 on the effective date of this Act may only impose a
22prepaid wireless 9-1-1 surcharge not to exceed 7% per retail
23transaction sourced to that jurisdiction and collected and
24remitted in accordance with the provisions of subsection (b-5).

 

 

10000HB1811sam003- 98 -LRB100 08000 SLF 27779 a

1    (b) The prepaid wireless 9-1-1 surcharge shall be collected
2by the seller from the consumer with respect to each retail
3transaction occurring in this State and shall be remitted to
4the Department by the seller as provided in this Act. The
5amount of the prepaid wireless 9-1-1 surcharge shall be
6separately stated as a distinct item apart from the charge for
7the prepaid wireless telecommunications service on an invoice,
8receipt, or other similar document that is provided to the
9consumer by the seller or shall be otherwise disclosed to the
10consumer. If the seller does not separately state the surcharge
11as a distinct item to the consumer as provided in this Section,
12then the seller shall maintain books and records as required by
13this Act which clearly identify the amount of the 9-1-1
14surcharge for retail transactions.
15    For purposes of this subsection (b), a retail transaction
16occurs in this State if (i) the retail transaction is made in
17person by a consumer at the seller's business location and the
18business is located within the State; (ii) the seller is a
19provider and sells prepaid wireless telecommunications service
20to a consumer located in Illinois; (iii) the retail transaction
21is treated as occurring in this State for purposes of the
22Retailers' Occupation Tax Act; or (iv) a seller that is
23included within the definition of a "retailer maintaining a
24place of business in this State" under Section 2 of the Use Tax
25Act makes a sale of prepaid wireless telecommunications service
26to a consumer located in Illinois. In the case of a retail

 

 

10000HB1811sam003- 99 -LRB100 08000 SLF 27779 a

1transaction which does not occur in person at a seller's
2business location, if a consumer uses a credit card to purchase
3prepaid wireless telecommunications service on-line or over
4the telephone, and no product is shipped to the consumer, the
5transaction occurs in this State if the billing address for the
6consumer's credit card is in this State.
7    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
8subsection (a-5) of this Section shall be collected by the
9seller from the consumer with respect to each retail
10transaction occurring in the municipality imposing the
11surcharge. The amount of the prepaid wireless 9-1-1 surcharge
12shall be separately stated on an invoice, receipt, or other
13similar document that is provided to the consumer by the seller
14or shall be otherwise disclosed to the consumer. If the seller
15does not separately state the surcharge as a distinct item to
16the consumer as provided in this Section, then the seller shall
17maintain books and records as required by this Act which
18clearly identify the amount of the 9-1-1 surcharge for retail
19transactions.
20    For purposes of this subsection (b-5), a retail transaction
21occurs in the municipality if (i) the retail transaction is
22made in person by a consumer at the seller's business location
23and the business is located within the municipality; (ii) the
24seller is a provider and sells prepaid wireless
25telecommunications service to a consumer located in the
26municipality; (iii) the retail transaction is treated as

 

 

10000HB1811sam003- 100 -LRB100 08000 SLF 27779 a

1occurring in the municipality for purposes of the Retailers'
2Occupation Tax Act; or (iv) a seller that is included within
3the definition of a "retailer maintaining a place of business
4in this State" under Section 2 of the Use Tax Act makes a sale
5of prepaid wireless telecommunications service to a consumer
6located in the municipality. In the case of a retail
7transaction which does not occur in person at a seller's
8business location, if a consumer uses a credit card to purchase
9prepaid wireless telecommunications service on-line or over
10the telephone, and no product is shipped to the consumer, the
11transaction occurs in the municipality if the billing address
12for the consumer's credit card is in the municipality.
13    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
14consumer and not on any provider. The seller shall be liable to
15remit all prepaid wireless 9-1-1 surcharges that the seller
16collects from consumers as provided in Section 20, including
17all such surcharges that the seller is deemed to collect where
18the amount of the surcharge has not been separately stated on
19an invoice, receipt, or other similar document provided to the
20consumer by the seller. The surcharge collected or deemed
21collected by a seller shall constitute a debt owed by the
22seller to this State, and any such surcharge actually collected
23shall be held in trust for the benefit of the Department.
24    For purposes of this subsection (c), the surcharge shall
25not be imposed or collected from entities that have an active
26tax exemption identification number issued by the Department

 

 

10000HB1811sam003- 101 -LRB100 08000 SLF 27779 a

1under Section 1g of the Retailers' Occupation Tax Act.
2    (d) The amount of the prepaid wireless 9-1-1 surcharge that
3is collected by a seller from a consumer, if such amount is
4separately stated on an invoice, receipt, or other similar
5document provided to the consumer by the seller, shall not be
6included in the base for measuring any tax, fee, surcharge, or
7other charge that is imposed by this State, any political
8subdivision of this State, or any intergovernmental agency.
9    (e) (Blank).
10    (e-5) Any changes in the rate of the surcharge imposed by a
11municipality under the authority granted in subsection (a-5) of
12this Section shall be effective on the first day of the first
13calendar month to occur at least 60 days after the enactment of
14the change. The Department shall provide not less than 30 days'
15notice of the increase or reduction in the rate of such
16surcharge on the Department's website.
17    (f) When prepaid wireless telecommunications service is
18sold with one or more other products or services for a single,
19non-itemized price, then the percentage specified in
20subsection (a) or (a-5) of this Section 15 shall be applied to
21the entire non-itemized price unless the seller elects to apply
22the percentage to (i) the dollar amount of the prepaid wireless
23telecommunications service if that dollar amount is disclosed
24to the consumer or (ii) the portion of the price that is
25attributable to the prepaid wireless telecommunications
26service if the retailer can identify that portion by reasonable

 

 

10000HB1811sam003- 102 -LRB100 08000 SLF 27779 a

1and verifiable standards from its books and records that are
2kept in the regular course of business for other purposes,
3including, but not limited to, books and records that are kept
4for non-tax purposes. However, if a minimal amount of prepaid
5wireless telecommunications service is sold with a prepaid
6wireless device for a single, non-itemized price, then the
7seller may elect not to apply the percentage specified in
8subsection (a) or (a-5) of this Section 15 to such transaction.
9For purposes of this subsection, an amount of service
10denominated as 10 minutes or less or $5 or less is considered
11minimal.
12    (g) The prepaid wireless 9-1-1 surcharge imposed under
13subsections (a) and (a-5) of this Section is not imposed on the
14provider or the consumer for wireless Lifeline service where
15the consumer does not pay the provider for the service. Where
16the consumer purchases from the provider optional minutes,
17texts, or other services in addition to the federally funded
18Lifeline benefit, a consumer must pay the prepaid wireless
199-1-1 surcharge, and it must be collected by the seller
20according to subsection (b-5).
21(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
22    Section 25. The Public Utilities Act is amended by
23reenacting Articles XIII and XXI, by changing Sections 13-102,
2413-103, 13-230, 13-301.1, 13-406, 13-703, 13-1200, 21-401, and
2521-1601, and by adding Sections 13-406.1, 13-904, and 21-1503

 

 

10000HB1811sam003- 103 -LRB100 08000 SLF 27779 a

1as follows:
 
2    (220 ILCS 5/Art. XIII heading)
3
ARTICLE XIII. TELECOMMUNICATIONS

 
4    (220 ILCS 5/13-100)  (from Ch. 111 2/3, par. 13-100)
5    Sec. 13-100. This Article shall be known and may be cited
6as the Universal Telephone Service Protection Law of 1985.
7(Source: P.A. 84-1063.)
 
8    (220 ILCS 5/13-101)  (from Ch. 111 2/3, par. 13-101)
9    Sec. 13-101. Application of Act to telecommunications
10rates and services. The Sections of this Act pertaining to
11public utilities, public utility rates and services, and the
12regulation thereof, are fully and equally applicable to
13noncompetitive telecommunications rates and services, and the
14regulation thereof, except to the extent modified or
15supplemented by the specific provisions of this Article or
16where the context clearly renders such provisions
17inapplicable. Articles I through IV, Sections 5-101, 5-106,
185-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501,
198-502, 8-503, 8-505, 8-509, 8-509.5, 8-510, 9-221, 9-222,
209-222.1, 9-222.2, 9-241, 9-250, and 9-252.1, and Article X of
21this Act are fully and equally applicable to the noncompetitive
22and competitive services of an Electing Provider and to
23competitive telecommunications rates and services, and the

 

 

10000HB1811sam003- 104 -LRB100 08000 SLF 27779 a

1regulation thereof except that Section 5-109 shall apply to the
2services of an Electing Provider and to competitive
3telecommunications rates and services only to the extent that
4the Commission requires annual reports authorized by Section
55-109, provided the telecommunications provider may use
6generally accepted accounting practices or accounting systems
7it uses for financial reporting purposes in the annual report,
8and except that Sections 8-505 and 9-250 shall not apply to
9competitive retail telecommunications services and Sections
108-501 and 9-241 shall not apply to competitive services; in
11addition, as to competitive telecommunications rates and
12services, and the regulation thereof, and with the exception of
13competitive retail telecommunications service rates and
14services, all rules and regulations made by a
15telecommunications carrier affecting or pertaining to its
16charges or service shall be just and reasonable. As of the
17effective date of this amendatory Act of the 92nd General
18Assembly, Sections 4-202, 4-203, and 5-202 of this Act shall
19cease to apply to telecommunications rates and services.
20(Source: P.A. 98-45, eff. 6-28-13.)
 
21    (220 ILCS 5/13-102)  (from Ch. 111 2/3, par. 13-102)
22    Sec. 13-102. Findings. With respect to telecommunications
23services, as herein defined, the General Assembly finds that:
24    (a) universally available and widely affordable
25telecommunications services are essential to the health,

 

 

10000HB1811sam003- 105 -LRB100 08000 SLF 27779 a

1welfare and prosperity of all Illinois citizens;
2    (b) federal regulatory and judicial rulings in the 1980s
3caused a restructuring of the telecommunications industry and
4opened some aspects of the industry to competitive entry,
5thereby necessitating revision of State telecommunications
6regulatory policies and practices;
7    (c) revisions in telecommunications regulatory policies
8and practices in Illinois beginning in the mid-1980s brought
9the benefits of competition to consumers in many
10telecommunications markets, but not in local exchange
11telecommunications service markets;
12    (d) the federal Telecommunications Act of 1996 established
13the goal of opening all telecommunications service markets to
14competition and accords to the states the responsibility to
15establish and enforce policies necessary to attain that goal;
16    (e) it is in the immediate interest of the People of the
17State of Illinois for the State to exercise its rights within
18the new framework of federal telecommunications policy to
19ensure that the economic benefits of competition in all
20telecommunications service markets are realized as effectively
21as possible;
22    (f) the competitive offering of all telecommunications
23services will increase innovation and efficiency in the
24provision of telecommunications services and may lead to
25reduced prices for consumers, increased investment in
26communications infrastructure, the creation of new jobs, and

 

 

10000HB1811sam003- 106 -LRB100 08000 SLF 27779 a

1the attraction of new businesses to Illinois; and
2    (g) protection of the public interest requires changes in
3the regulation of telecommunications carriers and services to
4ensure, to the maximum feasible extent, the reasonable and
5timely development of effective competition in all
6telecommunications service markets; .
7    (h) Illinois residents rely on today's modern wired and
8wireless Internet Protocol (IP) networks and services to
9improve their lives by connecting them to school and college
10degrees, work and job opportunities, family and friends,
11information, and entertainment, as well as emergency
12responders and public safety officials; Illinois businesses
13rely on these modern IP networks and services to compete in a
14global marketplace by expanding their customer base, managing
15inventory and operations more efficiently, and offering
16customers specialized and personalized products and services;
17without question, Illinois residents and our State's economy
18rely profoundly on the modern wired and wireless IP networks
19and services in our State;
20    (i) the transition from 20th century traditional circuit
21switched and other legacy telephone services to modern 21st
22century next generation Internet Protocol (IP) services is
23taking place at an extraordinary pace as Illinois consumers are
24upgrading to home communications service using IP technology,
25including high speed Internet, Voice over Internet Protocol,
26and wireless service;

 

 

10000HB1811sam003- 107 -LRB100 08000 SLF 27779 a

1    (j) this rapid transition to IP-based communications has
2dramatically transformed the way people communicate and has
3provided significant benefits to consumers in the form of
4innovative functionalities resulting from the seamless
5convergence of voice, video, and text, benefits realized by the
6General Assembly when it chose to transition its own
7telecommunications system to an all IP communications network
8in 2016;
9    (k) the benefits of the transition to IP-based networks and
10services were also recognized by the General Assembly in 2015
11through the enactment of legislation requiring that every 9-1-1
12emergency system in Illinois provide Next Generation 9-1-1
13service by July 1, 2020, and requiring that the Next Generation
149-1-1 network must be an IP-based platform; and
15    (l) completing the transition to all IP-based networks and
16technologies is in the public interest because it will promote
17continued innovation, consumer benefits, increased
18efficiencies, and increased investment in IP-based networks
19and services.
20(Source: P.A. 90-185, eff. 7-23-97.)
 
21    (220 ILCS 5/13-103)  (from Ch. 111 2/3, par. 13-103)
22    Sec. 13-103. Policy. Consistent with its findings, the
23General Assembly declares that it is the policy of the State of
24Illinois that:
25    (a) telecommunications services should be available to all

 

 

10000HB1811sam003- 108 -LRB100 08000 SLF 27779 a

1Illinois citizens at just, reasonable, and affordable rates and
2that such services should be provided as widely and
3economically as possible in sufficient variety, quality,
4quantity and reliability to satisfy the public interest;
5    (b) consistent with the protection of consumers of
6telecommunications services and the furtherance of other
7public interest goals, competition in all telecommunications
8service markets should be pursued as a substitute for
9regulation in determining the variety, quality and price of
10telecommunications services and that the economic burdens of
11regulation should be reduced to the extent possible consistent
12with the furtherance of market competition and protection of
13the public interest;
14    (c) all necessary and appropriate modifications to State
15regulation of telecommunications carriers and services should
16be implemented without unnecessary disruption to the
17telecommunications infrastructure system or to consumers of
18telecommunications services and that it is necessary and
19appropriate to establish rules to encourage and ensure orderly
20transitions in the development of markets for all
21telecommunications services;
22    (d) the consumers of telecommunications services and
23facilities provided by persons or companies subject to
24regulation pursuant to this Act and Article should be required
25to pay only reasonable and non-discriminatory rates or charges
26and that in no case should rates or charges for non-competitive

 

 

10000HB1811sam003- 109 -LRB100 08000 SLF 27779 a

1telecommunications services include any portion of the cost of
2providing competitive telecommunications services, as defined
3in Section 13-209, or the cost of any nonregulated activities;
4    (e) the regulatory policies and procedures provided in this
5Article are established in recognition of the changing nature
6of the telecommunications industry and therefore should be
7subject to systematic legislative review to ensure that the
8public benefits intended to result from such policies and
9procedures are fully realized; and
10    (f) development of and prudent investment in advanced
11telecommunications services and networks that foster economic
12development of the State should be encouraged through the
13implementation and enforcement of policies that promote
14effective and sustained competition in all telecommunications
15service markets; and .
16    (g) completion of the transition to modern IP-based
17networks should be encouraged through relief from the outdated
18regulations that require continued investment in legacy
19circuit switched networks from which Illinois consumers have
20largely transitioned, while at the same time ensuring that
21consumers have access to available alternative services that
22provide quality voice service and access to emergency
23communications.
24(Source: P.A. 90-185, eff. 7-23-97.)
 
25    (220 ILCS 5/13-201)  (from Ch. 111 2/3, par. 13-201)

 

 

10000HB1811sam003- 110 -LRB100 08000 SLF 27779 a

1    Sec. 13-201. Unless otherwise specified, the terms set
2forth in the following Sections preceding Section 13-301 of
3this Article are used in this Act and Article as herein
4defined.
5(Source: P.A. 85-1405.)
 
6    (220 ILCS 5/13-202)  (from Ch. 111 2/3, par. 13-202)
7    Sec. 13-202. "Telecommunications carrier" means and
8includes every corporation, company, association, joint stock
9company or association, firm, partnership or individual, their
10lessees, trustees or receivers appointed by any court
11whatsoever that owns, controls, operates or manages, within
12this State, directly or indirectly, for public use, any plant,
13equipment or property used or to be used for or in connection
14with, or owns or controls any franchise, license, permit or
15right to engage in the provision of, telecommunications
16services between points within the State which are specified by
17the user. "Telecommunications carrier" includes an Electing
18Provider, as defined in Section 13-506.2. Telecommunications
19carrier does not include, however:
20    (a) telecommunications carriers that are owned and
21operated by any political subdivision, public or private
22institution of higher education or municipal corporation of
23this State, for their own use, or telecommunications carriers
24that are owned by such political subdivision, public or private
25institution of higher education, or municipal corporation and

 

 

10000HB1811sam003- 111 -LRB100 08000 SLF 27779 a

1operated by any of its lessees or operating agents, for their
2own use;
3    (b) telecommunications carriers which are purely mutual
4concerns, having no rates or charges for services, but paying
5the operating expenses by assessment upon the members of such a
6company and no other person but does include telephone or
7telecommunications cooperatives as defined in Section 13-212;
8    (c) a company or person which provides telecommunications
9services solely to itself and its affiliates or members or
10between points in the same building, or between closely located
11buildings, affiliated through substantial common ownership,
12control or development; or
13    (d) a company or person engaged in the delivery of
14community antenna television services as described in
15subdivision (c) of Section 13-203, except with respect to the
16provision of telecommunications services by that company or
17person.
18(Source: P.A. 96-927, eff. 6-15-10.)
 
19    (220 ILCS 5/13-202.5)
20    Sec. 13-202.5. Incumbent local exchange carrier.
21"Incumbent local exchange carrier" means, with respect to an
22area, the telecommunications carrier that provided
23noncompetitive local exchange telecommunications service in
24that area on February 8, 1996, and on that date was deemed a
25member of the exchange carrier association pursuant to 47

 

 

10000HB1811sam003- 112 -LRB100 08000 SLF 27779 a

1C.F.R. 69.601(b), and includes its successors, assigns, and
2affiliates.
3(Source: P.A. 92-22, eff. 6-30-01.)
 
4    (220 ILCS 5/13-203)  (from Ch. 111 2/3, par. 13-203)
5    Sec. 13-203. Telecommunications service.
6    "Telecommunications service" means the provision or
7offering for rent, sale or lease, or in exchange for other
8value received, of the transmittal of information, by means of
9electromagnetic, including light, transmission with or without
10benefit of any closed transmission medium, including all
11instrumentalities, facilities, apparatus, and services
12(including the collection, storage, forwarding, switching, and
13delivery of such information) used to provide such transmission
14and also includes access and interconnection arrangements and
15services.
16    "Telecommunications service" does not include, however:
17        (a) the rent, sale, or lease, or exchange for other
18    value received, of customer premises equipment except for
19    customer premises equipment owned or provided by a
20    telecommunications carrier and used for answering 911
21    calls, and except for customer premises equipment provided
22    under Section 13-703;
23        (b) telephone or telecommunications answering
24    services, paging services, and physical pickup and
25    delivery incidental to the provision of information

 

 

10000HB1811sam003- 113 -LRB100 08000 SLF 27779 a

1    transmitted through electromagnetic, including light,
2    transmission;
3        (c) community antenna television service which is
4    operated to perform for hire the service of receiving and
5    distributing video and audio program signals by wire, cable
6    or other means to members of the public who subscribe to
7    such service, to the extent that such service is utilized
8    solely for the one-way distribution of such entertainment
9    services with no more than incidental subscriber
10    interaction required for the selection of such
11    entertainment service.
12    The Commission may, by rulemaking, exclude (1) private line
13service which is not directly or indirectly used for the
14origination or termination of switched telecommunications
15service, (2) cellular radio service, (3) high-speed
16point-to-point data transmission at or above 9.6 kilobits, or
17(4) the provision of telecommunications service by a company or
18person otherwise subject to Section 13-202 (c) to a
19telecommunications carrier, which is incidental to the
20provision of service subject to Section 13-202 (c), from active
21regulatory oversight to the extent it finds, after notice,
22hearing and comment that such exclusion is consistent with the
23public interest and the purposes and policies of this Article.
24To the extent that the Commission has excluded cellular radio
25service from active regulatory oversight for any provider of
26cellular radio service in this State pursuant to this Section,

 

 

10000HB1811sam003- 114 -LRB100 08000 SLF 27779 a

1the Commission shall exclude all other providers of cellular
2radio service in the State from active regulatory oversight
3without an additional rulemaking proceeding where there are 2
4or more certified providers of cellular radio service in a
5geographic area.
6(Source: P.A. 90-185, eff. 7-23-97.)
 
7    (220 ILCS 5/13-204)  (from Ch. 111 2/3, par. 13-204)
8    Sec. 13-204. "Local Exchange Telecommunications Service"
9means telecommunications service between points within an
10exchange, as defined in Section 13-206, or the provision of
11telecommunications service for the origination or termination
12of switched telecommunications services.
13(Source: P.A. 84-1063.)
 
14    (220 ILCS 5/13-205)  (from Ch. 111 2/3, par. 13-205)
15    Sec. 13-205. "Interexchange Telecommunications Service"
16means telecommunications service between points in two or more
17exchanges.
18(Source: P.A. 84-1063.)
 
19    (220 ILCS 5/13-206)  (from Ch. 111 2/3, par. 13-206)
20    Sec. 13-206. Exchange. "Exchange" means a geographical
21area for the administration of telecommunications services,
22established and described by the tariff of a telecommunications
23carrier providing local exchange telecommunications service,

 

 

10000HB1811sam003- 115 -LRB100 08000 SLF 27779 a

1and consisting of one or more contiguous central offices,
2together with associated facilities used in providing such
3local exchange telecommunications service. To the extent
4practicable, a municipality, city, or village shall not be
5located in more than one exchange unless the municipality,
6city, or village is located in more than one exchange through
7annexation that occurs after the establishment of the exchange
8boundary.
9(Source: P.A. 87-856.)
 
10    (220 ILCS 5/13-207)  (from Ch. 111 2/3, par. 13-207)
11    Sec. 13-207. "Local Access and Transport Area (LATA)" means
12a geographical area designated by the Modification of Final
13Judgment in U.S. v. Western Electric Co., Inc., 552 F. Supp.
14131 (D.D.C. 1982), as modified from time to time.
15(Source: P.A. 84-1063.)
 
16    (220 ILCS 5/13-208)  (from Ch. 111 2/3, par. 13-208)
17    Sec. 13-208. "Market Service Area (MSA)" means a
18geographical area consisting of one or more exchanges, defined
19by the Commission for the administration of tariffs, services
20and other regulatory obligations. The term Market Service Area
21includes those areas previously designated by the Commission.
22(Source: P.A. 84-1063.)
 
23    (220 ILCS 5/13-209)  (from Ch. 111 2/3, par. 13-209)

 

 

10000HB1811sam003- 116 -LRB100 08000 SLF 27779 a

1    Sec. 13-209. "Competitive Telecommunications Service"
2means a telecommunications service, its functional equivalent
3or a substitute service, which, for some identifiable class or
4group of customers in an exchange, group of exchanges, or some
5other clearly defined geographical area, is reasonably
6available from more than one provider, whether or not such
7provider is a telecommunications carrier subject to regulation
8under this Act. A telecommunications service may be competitive
9for the entire state, some geographical area therein, including
10an exchange or set of exchanges, or for a specific customer or
11class or group of customers, but only to the extent consistent
12with this definition.
13(Source: P.A. 84-1063.)
 
14    (220 ILCS 5/13-210)  (from Ch. 111 2/3, par. 13-210)
15    Sec. 13-210. "Noncompetitive Telecommunications Service"
16means a telecommunications service other than a competitive
17service as defined in Section 13-209.
18(Source: P.A. 84-1063.)
 
19    (220 ILCS 5/13-211)  (from Ch. 111 2/3, par. 13-211)
20    Sec. 13-211. "Resale of Telecommunications Service" means
21the offering or provision of telecommunications service
22primarily through the use of services or facilities owned or
23provided by a separate telecommunications carrier.
24(Source: P.A. 84-1063.)
 

 

 

10000HB1811sam003- 117 -LRB100 08000 SLF 27779 a

1    (220 ILCS 5/13-212)  (from Ch. 111 2/3, par. 13-212)
2    Sec. 13-212. "Telephone or Telecommunications Cooperative"
3means any Illinois corporation organized on a cooperative basis
4for the furnishing of telephone or telecommunications service.
5(Source: P.A. 84-1063.)
 
6    (220 ILCS 5/13-213)  (from Ch. 111 2/3, par. 13-213)
7    Sec. 13-213. "Hearing-aid compatible telephone" means a
8telephone so equipped that it can activate an inductive
9coupling hearing-aid or which will provide an alternative
10technology that provides equally effective telephone service
11and which will provide equipment necessary for the hearing
12impaired to use generally available telecommunications
13services effectively or without assistance.
14(Source: P.A. 85-1405.)
 
15    (220 ILCS 5/13-214)  (from Ch. 111 2/3, par. 13-214)
16    Sec. 13-214. (a) "Public mobile services" means
17air-to-ground radio telephone services, cellular radio
18telecommunications services, offshore radio, rural radio
19service, public land mobile telephone service and other common
20carrier radio communications services.
21    (b) "Private radio services" means private land mobile
22radio services and other communications services characterized
23by the Commission as private radio services.

 

 

10000HB1811sam003- 118 -LRB100 08000 SLF 27779 a

1(Source: P.A. 85-1405.)
 
2    (220 ILCS 5/13-215)  (from Ch. 111 2/3, par. 13-215)
3    Sec. 13-215. (a) "Essential telephones" means all coin
4operated telephones in any public or semi-public location,
5telephones provided for emergency use, a reasonable percentage
6of telephones in hotels, motels, hospitals and nursing homes
7and a reasonable percentage of credit card operated telephones
8in any group of such telephones.
9    (b) "Emergency use telephones" includes all telephones
10intended primarily to save persons from bodily injury, theft or
11life threatening situations. This definition includes, but is
12not limited to telephones in elevators, on highways and
13telephones to alert police, a fire department or other
14emergency service providers.
15(Source: P.A. 85-1405.)
 
16    (220 ILCS 5/13-216)
17    Sec. 13-216. Network element. "Network element" means a
18facility or equipment used in the provision of a
19telecommunications service. The term also includes features,
20functions, and capabilities that are provided by means of the
21facility or equipment, including, but not limited to,
22subscriber numbers, databases, signaling systems, and
23information sufficient for billing and collection or used in
24the transmission, routing, or other provision of a

 

 

10000HB1811sam003- 119 -LRB100 08000 SLF 27779 a

1telecommunications service.
2(Source: P.A. 92-22, eff. 6-30-01.)
 
3    (220 ILCS 5/13-217)
4    Sec. 13-217. End user. "End user" means any person,
5corporation, partnership, firm, municipality, cooperative,
6organization, governmental agency, building owner, or other
7entity provided with a telecommunications service for its own
8consumption and not for resale.
9(Source: P.A. 92-22, eff. 6-30-01.)
 
10    (220 ILCS 5/13-218)
11    Sec. 13-218. Business end user. "Business end user" means
12(1) an end user engaged primarily or substantially in a paid
13commercial, professional, or institutional activity; (2) an
14end user provided telecommunications service in a commercial,
15professional, or institutional location, or other location
16serving primarily or substantially as a site of an activity for
17pay; (3) an end user whose telecommunications service is listed
18as the principal or only number for a business in any yellow
19pages directory; (4) an end user whose telecommunications
20service is used to conduct promotions, solicitations, or market
21research for which compensation or reimbursement is paid or
22provided; provided, however, that the use of
23telecommunications service, without compensation or
24reimbursement, for a charitable or civic purpose shall not

 

 

10000HB1811sam003- 120 -LRB100 08000 SLF 27779 a

1constitute business use of a telecommunications service.
2(Source: P.A. 92-22, eff. 6-30-01.)
 
3    (220 ILCS 5/13-219)
4    Sec. 13-219. Residential end user. "Residential end user"
5means an end user other than a business end user.
6(Source: P.A. 92-22, eff. 6-30-01.)
 
7    (220 ILCS 5/13-220)
8    Sec. 13-220. Retail telecommunications service. "Retail
9telecommunications service" means a telecommunications service
10sold to an end user. "Retail telecommunications service" does
11not include a telecommunications service provided by a
12telecommunications carrier to a telecommunications carrier,
13including to itself, as a component of, or for the provision
14of, telecommunications service. A business retail
15telecommunications service is a retail telecommunications
16service provided to a business end user. A residential retail
17telecommunications service is a retail telecommunications
18service provided to a residential end user.
19(Source: P.A. 92-22, eff. 6-30-01.)
 
20    (220 ILCS 5/13-230)
21    Sec. 13-230. Prepaid calling service. "Prepaid calling
22service" means telecommunications service that must be paid for
23in advance by an end user, enables the end user to originate

 

 

10000HB1811sam003- 121 -LRB100 08000 SLF 27779 a

1calls using an access number or authorization code, whether
2manually or electronically dialed, and is sold in predetermined
3units or dollars of which the number declines with use in a
4known amount. A prepaid calling service call is a call made by
5an end user using prepaid calling service. "Prepaid calling
6service" does not include a wireless telecommunications
7service that allows a caller to dial 9-1-1 to access the 9-1-1
8system, which service must be paid for in advance, and is sold
9in predetermined units or dollars and the amount declines with
10use in a known amount prepaid wireless telecommunications
11service as defined in Section 10 of the Wireless Emergency
12Telephone Safety Act.
13(Source: P.A. 97-463, eff. 1-1-12.)
 
14    (220 ILCS 5/13-231)
15    Sec. 13-231. Prepaid calling service provider. "Prepaid
16calling service provider" means and includes every
17corporation, company, association, joint stock company or
18association, firm, partnership, or individual and their
19lessees, trustees, or receivers appointed by any court
20whatsoever that contracts directly with a telecommunications
21carrier to resell or offers to resell telecommunications
22service as prepaid calling service to one or more distributors,
23prepaid calling resellers, prepaid calling service retailers,
24or end users.
25(Source: P.A. 93-1002, eff. 1-1-05.)
 

 

 

10000HB1811sam003- 122 -LRB100 08000 SLF 27779 a

1    (220 ILCS 5/13-232)
2    Sec. 13-232. Prepaid calling service retailer. "Prepaid
3calling service retailer" means and includes every
4corporation, company, association, joint stock company or
5association, firm, partnership, or individual and their
6lessees, trustees, or receivers appointed by any court
7whatsoever that sells or offers to sell prepaid calling service
8directly to one or more end users.
9(Source: P.A. 93-1002, eff. 1-1-05.)
 
10    (220 ILCS 5/13-233)
11    Sec. 13-233. Prepaid calling service reseller. "Prepaid
12calling service reseller" means and includes every
13corporation, company, association, joint stock company or
14association, firm, partnership, or individual and their
15lessees, trustees, or receivers appointed by any court
16whatsoever that purchases prepaid calling services from a
17prepaid calling service provider or distributor and sells those
18services to one or more distributors of prepaid calling
19services or to one or more prepaid calling service retailers.
20(Source: P.A. 93-1002, eff. 1-1-05.)
 
21    (220 ILCS 5/13-234)
22    Sec. 13-234. Interconnected voice over Internet protocol
23service. "Interconnected voice over Internet protocol service"

 

 

10000HB1811sam003- 123 -LRB100 08000 SLF 27779 a

1or "Interconnected VoIP service" has the meaning prescribed in
247 CFR 9.3 as defined on the effective date of this amendatory
3Act of the 96th General Assembly or as amended thereafter.
4(Source: P.A. 96-927, eff. 6-15-10.)
 
5    (220 ILCS 5/13-235)
6    Sec. 13-235. Interconnected voice over Internet protocol
7provider. "Interconnected voice over Internet protocol
8provider" or "Interconnected VoIP provider" means and includes
9every corporation, company, association, joint stock company
10or association, firm, partnership, or individual, their
11lessees, trustees, or receivers appointed by any court
12whatsoever that owns, controls, operates, manages, or provides
13within this State, directly or indirectly, Interconnected
14voice over Internet protocol service.
15(Source: P.A. 96-927, eff. 6-15-10.)
 
16    (220 ILCS 5/13-301)  (from Ch. 111 2/3, par. 13-301)
17    Sec. 13-301. Duties of the Commission.
18    (1) Consistent with the findings and policy established in
19paragraph (a) of Section 13-102 and paragraph (a) of Section
2013-103, and in order to ensure the attainment of such policies,
21the Commission shall:
22        (a) participate in all federal programs intended to
23    preserve or extend universal telecommunications service,
24    unless such programs would place cost burdens on Illinois

 

 

10000HB1811sam003- 124 -LRB100 08000 SLF 27779 a

1    customers of telecommunications services in excess of the
2    benefits they would receive through participation,
3    provided, however, the Commission shall not approve or
4    permit the imposition of any surcharge or other fee
5    designed to subsidize or provide a waiver for subscriber
6    line charges; and shall report on such programs together
7    with an assessment of their adequacy and the advisability
8    of participating therein in its annual report to the
9    General Assembly, or more often as necessary;
10        (b) (blank);
11        (c) order all telecommunications carriers offering or
12    providing local exchange telecommunications service to
13    propose low-cost or budget service tariffs and any other
14    rate design or pricing mechanisms designed to facilitate
15    customer access to such telecommunications service,
16    provided that services offered by any telecommunications
17    carrier at the rates, terms, and conditions specified in
18    Section 13-506.2 or Section 13-518 of this Article shall
19    constitute compliance with this Section. A
20    telecommunications carrier may seek Commission approval of
21    other low-cost or budget service tariffs or rate design or
22    pricing mechanisms to comply with this Section;
23        (d) investigate the necessity of and, if appropriate,
24    establish a universal service support fund from which local
25    exchange telecommunications carriers who pursuant to the
26    Twenty-Seventh Interim Order of the Commission in Docket

 

 

10000HB1811sam003- 125 -LRB100 08000 SLF 27779 a

1    No. 83-0142 or the orders of the Commission in Docket No.
2    97-0621 and Docket No. 98-0679 received funding and whose
3    economic costs of providing services for which universal
4    service support may be made available exceed the affordable
5    rate established by the Commission for such services may be
6    eligible to receive support, less any federal universal
7    service support received for the same or similar costs of
8    providing the supported services; provided, however, that
9    if a universal service support fund is established, the
10    Commission shall require that all costs of the fund be
11    recovered from all local exchange and interexchange
12    telecommunications carriers certificated in Illinois on a
13    competitively neutral and nondiscriminatory basis. In
14    establishing any such universal service support fund, the
15    Commission shall, in addition to the determination of costs
16    for supported services, consider and make findings
17    pursuant to subsection (2) of this Section. Proxy cost, as
18    determined by the Commission, may be used for this purpose.
19    In determining cost recovery for any universal service
20    support fund, the Commission shall not permit recovery of
21    such costs from another certificated carrier for any
22    service purchased and used solely as an input to a service
23    provided to such certificated carrier's retail customers.
24    (2) In any order creating a fund pursuant to paragraph (d)
25of subsection (1), the Commission, after notice and hearing,
26shall:

 

 

10000HB1811sam003- 126 -LRB100 08000 SLF 27779 a

1        (a) Define the group of services to be declared
2    "supported telecommunications services" that constitute
3    "universal service". This group of services shall, at a
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
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.
18        (b) Identify all implicit subsidies contained in rates
19    or charges of incumbent local exchange carriers, including
20    all subsidies in interexchange access charges, and
21    determine how such subsidies can be made explicit by the
22    creation of the fund.
23        (c) Establish an affordable price for the supported
24    telecommunications services for the respective incumbent
25    local exchange carrier. The affordable price shall be no
26    less than the rates in effect at the time the Commission

 

 

10000HB1811sam003- 127 -LRB100 08000 SLF 27779 a

1    creates a fund pursuant to this item. The Commission may
2    establish and utilize indices or models for updating the
3    affordable price for supported telecommunications
4    services.
5(Source: P.A. 96-927, eff. 6-15-10.)
 
6    (220 ILCS 5/13-301.1)  (from Ch. 111 2/3, par. 13-301.1)
7    Sec. 13-301.1. Universal Telephone Service Assistance
8Program.
9    (a) The Commission shall by rule or regulation establish a
10Universal Telephone Service Assistance Program for low income
11residential customers. The program shall provide for a
12reduction of access line charges, a reduction of connection
13charges, or any other alternative assistance or program to
14increase accessibility to telephone service and broadband
15Internet access service that the Commission deems advisable
16subject to the availability of funds for the program as
17provided in subsections subsection (d) and (e). The Commission
18shall establish eligibility requirements for benefits under
19the program.
20    (b) The Commission shall adopt rules providing for enhanced
21enrollment for eligible consumers to receive lifeline service.
22Enhanced enrollment may include, but is not limited to, joint
23marketing, joint application, or joint processing with the
24Low-Income Home Energy Assistance Program, the Medicaid
25Program, and the Food Stamp Program. The Department of Human

 

 

10000HB1811sam003- 128 -LRB100 08000 SLF 27779 a

1Services, the Department of Healthcare and Family Services, and
2the Department of Commerce and Economic Opportunity, upon
3request of the Commission, shall assist in the adoption and
4implementation of those rules. The Commission and the
5Department of Human Services, the Department of Healthcare and
6Family Services, and the Department of Commerce and Economic
7Opportunity may enter into memoranda of understanding
8establishing the respective duties of the Commission and the
9Departments in relation to enhanced enrollment.
10    (c) In this Section: ,
11        "Lifeline "lifeline service" means a retail local
12    service offering described by 47 CFR C.F.R. Section
13    54.401(a), as amended.
14    (d) The Commission shall require by rule or regulation that
15each telecommunications carrier providing local exchange
16telecommunications services notify its customers that if the
17customer wishes to participate in the funding of the Universal
18Telephone Service Assistance Program he may do so by electing
19to contribute, on a monthly basis, a fixed amount that will be
20included in the customer's monthly bill. The customer may cease
21contributing at any time upon providing notice to the
22telecommunications carrier providing local exchange
23telecommunications services. The notice shall state that any
24contribution made will not reduce the customer's bill for
25telecommunications services. Failure to remit the amount of
26increased payment will reduce the contribution accordingly.

 

 

10000HB1811sam003- 129 -LRB100 08000 SLF 27779 a

1The Commission shall specify the monthly fixed amount or
2amounts that customers wishing to contribute to the funding of
3the Universal Telephone Service Assistance Program may choose
4from in making their contributions. Every telecommunications
5carrier providing local exchange telecommunications services
6shall remit the amounts contributed in accordance with the
7terms of the Universal Telephone Service Assistance Program.
8    (e) Amounts collected and remitted under subsection (d)
9may, to the extent the Commission deems advisable, be used for
10funding a program to be administered by the entity designated
11by the Commission as administrator of the Universal Telephone
12Service Assistance Program for educating and assisting
13low-income residential customers with a transition to Internet
14protocol-based networks and services. This program may
15include, but need not be limited to, measures designed to
16notify and educate residential customers regarding the
17availability of alternative voice services with access to
189-1-1, access to and use of broadband Internet access service,
19and pricing options.
20(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)";
21and
 
22    (220 ILCS 5/13-301.2)
23    Sec. 13-301.2. Program to Foster Elimination of the Digital
24Divide. The Commission shall require by rule that each
25telecommunications carrier providing local exchange

 

 

10000HB1811sam003- 130 -LRB100 08000 SLF 27779 a

1telecommunications service notify its end-user customers that
2if the customer wishes to participate in the funding of the
3Program to Foster Elimination of the Digital Divide he or she
4may do so by electing to contribute, on a monthly basis, a
5fixed amount that will be included in the customer's monthly
6bill. The obligations imposed in this Section shall not be
7imposed upon a telecommunications carrier for any of its
8end-users subscribing to the services listed below: (1) private
9line service which is not directly or indirectly used for the
10origination or termination of switched telecommunications
11service, (2) cellular radio service, (3) high-speed
12point-to-point data transmission at or above 9.6 kilobits, (4)
13the provision of telecommunications service by a company or
14person otherwise subject to subsection (c) of Section 13-202 to
15a telecommunications carrier, which is incidental to the
16provision of service subject to subsection (c) of Section
1713-202; (5) pay telephone service; or (6) interexchange
18telecommunications service. The customer may cease
19contributing at any time upon providing notice to the
20telecommunications carrier. The notice shall state that any
21contribution made will not reduce the customer's bill for
22telecommunications services. Failure to remit the amount of
23increased payment will reduce the contribution accordingly.
24The Commission shall specify the monthly fixed amount or
25amounts that customers wishing to contribute to the funding of
26the Program to Foster Elimination of the Digital Divide may

 

 

10000HB1811sam003- 131 -LRB100 08000 SLF 27779 a

1choose from in making their contributions. A
2telecommunications carrier subject to this obligation shall
3remit the amounts contributed by its customers to the
4Department of Commerce and Economic Opportunity for deposit in
5the Digital Divide Elimination Fund at the intervals specified
6in the Commission rules.
7(Source: P.A. 93-358, eff. 1-1-04; 94-793, eff. 5-19-06.)
 
8    (220 ILCS 5/13-301.3)
9    Sec. 13-301.3. Digital Divide Elimination Infrastructure
10Program.
11    (a) The Digital Divide Elimination Infrastructure Fund is
12created as a special fund in the State treasury. All moneys in
13the Fund shall be used, subject to appropriation, by the
14Commission to fund (i) the construction of facilities specified
15in Commission rules adopted under this Section and (ii) the
16accessible electronic information program, as provided in
17Section 20 of the Accessible Electronic Information Act. The
18Commission may accept private and public funds, including
19federal funds, for deposit into the Fund. Earnings attributable
20to moneys in the Fund shall be deposited into the Fund.
21    (b) The Commission shall adopt rules under which it will
22make grants out of funds appropriated from the Digital Divide
23Elimination Infrastructure Fund to eligible entities as
24specified in the rules for the construction of high-speed data
25transmission facilities in eligible areas of the State. For

 

 

10000HB1811sam003- 132 -LRB100 08000 SLF 27779 a

1purposes of determining whether an area is an eligible area,
2the Commission shall consider, among other things, whether (i)
3in such area, advanced telecommunications services, as defined
4in subsection (c) of Section 13-517 of this Act, are
5under-provided to residential or small business end users,
6either directly or indirectly through an Internet Service
7Provider, (ii) such area has a low population density, and
8(iii) such area has not yet developed a competitive market for
9advanced services. In addition, if an entity seeking a grant of
10funds from the Digital Divide Elimination Infrastructure Fund
11is an incumbent local exchange carrier having the duty to serve
12such area, and the obligation to provide advanced services to
13such area pursuant to Section 13-517 of this Act, the entity
14shall demonstrate that it has sought and obtained an exemption
15from such obligation pursuant to subsection (b) of Section
1613-517. Any entity seeking a grant of funds from the Digital
17Divide Elimination Infrastructure Fund shall demonstrate to
18the Commission that the grant shall be used for the
19construction of high-speed data transmission facilities in an
20eligible area and demonstrate that it satisfies all other
21requirements of the Commission's rules. The Commission shall
22determine the information that it deems necessary to award
23grants pursuant to this Section.
24    (c) The rules of the Commission shall provide for the
25competitive selection of recipients of grant funds available
26from the Digital Divide Elimination Infrastructure Fund

 

 

10000HB1811sam003- 133 -LRB100 08000 SLF 27779 a

1pursuant to the Illinois Procurement Code. Grants shall be
2awarded to bidders chosen on the basis of the criteria
3established in such rules.
4    (d) All entities awarded grant moneys under this Section
5shall maintain all records required by Commission rule for the
6period of time specified in the rules. Such records shall be
7subject to audit by the Commission, by any auditor appointed by
8the State, or by any State officer authorized to conduct
9audits.
10(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03;
1193-797, eff. 7-22-04.)
 
12    (220 ILCS 5/13-302)  (from Ch. 111 2/3, par. 13-302)
13    Sec. 13-302. (a) No telecommunications carrier shall
14implement a local measured service calling plan which does not
15include one of the following elements:
16        (1) the residential customer has the option of a flat
17    rate local calling service under which local calls are not
18    charged for frequency or duration; or
19        (2) residential calls to points within an untimed
20    calling zone approved by the Commission are not charged for
21    duration; or
22        (3) a low income residential Universal Service
23    Assistance Program, which meets criteria set forth by the
24    Commission, is available.
25    (b) In formulating the criteria for the low income

 

 

10000HB1811sam003- 134 -LRB100 08000 SLF 27779 a

1residential Universal Service Assistance Program referred to
2in paragraph (3) of subsection (a), the Commission shall
3consider the desirability of various alternatives, including a
4reduction of the access line charge or connection charge for
5eligible customers.
6    (c) For local measured service plans implemented prior to
7the effective date of this amendatory Act of 1987 which do not
8contain one of the elements specified in paragraph (1) or (2)
9of subsection (a) of this Section, the Commission shall order
10the telecommunications carrier having such a plan to include
11one of the elements specified in paragraph (1) or (2) of
12subsection (a) of this Section by January 1, 1989.
13(Source: P.A. 85-1286.)
 
14    (220 ILCS 5/13-303)
15    Sec. 13-303. Action to enforce law or orders. Whenever the
16Commission is of the opinion that a telecommunications carrier
17is failing or omitting, or is about to fail or omit, to do
18anything required of it by law or by an order, decision, rule,
19regulation, direction, or requirement of the Commission or is
20doing or permitting anything to be done, or is about to do
21anything or is about to permit anything to be done, contrary to
22or in violation of law or an order, decision, rule, regulation,
23direction, or requirement of the Commission, the Commission
24shall file an action or proceeding in the circuit court in and
25for the county in which the case or some part thereof arose or

 

 

10000HB1811sam003- 135 -LRB100 08000 SLF 27779 a

1in which the telecommunications carrier complained of has its
2principal place of business, in the name of the People of the
3State of Illinois for the purpose of having the violation or
4threatened violation stopped and prevented either by mandamus
5or injunction. The Commission may express its opinion in a
6resolution based upon whatever factual information has come to
7its attention and may issue the resolution ex parte and without
8holding any administrative hearing before bringing suit.
9Except in cases involving an imminent threat to the public
10health and safety, no such resolution shall be adopted until 48
11hours after the telecommunications carrier has been given
12notice of (i) the substance of the alleged violation, including
13citation to the law, order, decision, rule, regulation, or
14direction of the Commission alleged to have been violated and
15(ii) the time and the date of the meeting at which such
16resolution will first be before the Commission for
17consideration.
18    The Commission shall file the action or proceeding by
19complaint in the circuit court alleging the violation or
20threatened violation complained of and praying for appropriate
21relief by way of mandamus or injunction. It shall be the duty
22of the court to specify a time, not exceeding 20 days after the
23service of the copy of the complaint, within which the
24telecommunications carrier complained of must answer the
25complaint, and in the meantime the telecommunications carrier
26may be restrained. In case of default in answer or after

 

 

10000HB1811sam003- 136 -LRB100 08000 SLF 27779 a

1answer, the court shall immediately inquire into the facts and
2circumstances of the case. The telecommunications carrier and
3persons that the court may deem necessary or proper may be
4joined as parties. The final judgment in any action or
5proceeding shall either dismiss the action or proceeding or
6grant relief by mandamus or injunction as prayed for in the
7complaint, or in such modified or other form as will afford
8appropriate relief in the court's judgment.
9(Source: P.A. 92-22, eff. 6-30-01.)
 
10    (220 ILCS 5/13-303.5)
11    Sec. 13-303.5. Injunctive relief. If, after a hearing, the
12Commission determines that a telecommunications carrier has
13violated this Act or a Commission order or rule, any
14telecommunications carrier adversely affected by the violation
15may seek injunctive relief in circuit court.
16(Source: P.A. 92-22, eff. 6-30-01.)
 
17    (220 ILCS 5/13-304)
18    Sec. 13-304. Action to recover civil penalties.
19    (a) The Commission shall assess and collect all civil
20penalties established under this Act against
21telecommunications carriers, corporations other than
22telecommunications carriers, and persons acting as
23telecommunications carriers. Except for the penalties provided
24under Section 2-202, civil penalties may be assessed only after

 

 

10000HB1811sam003- 137 -LRB100 08000 SLF 27779 a

1notice and opportunity to be heard. Any such civil penalty may
2be compromised by the Commission. In determining the amount of
3the civil penalty to be assessed, or the amount of the civil
4penalty to be compromised, the Commission is authorized to
5consider any matters of record in aggravation or mitigation of
6the penalty, including but not limited to the following:
7        (1) the duration and gravity of the violation of the
8    Act, the rules, or the order of the Commission;
9        (2) the presence or absence of due diligence on the
10    part of the violator in attempting either to comply with
11    requirements of the Act, the rules, or the order of the
12    Commission, or to secure lawful relief from those
13    requirements;
14        (3) any economic benefits accrued by the violator
15    because of the delay in compliance with requirements of the
16    Act, the rules, or the order of the Commission; and
17        (4) the amount of monetary penalty that will serve to
18    deter further violations by the violator and to otherwise
19    aid in enhancing voluntary compliance with the Act, the
20    rules, or the order of the Commission by the violator and
21    other persons similarly subject to the Act.
22    (b) If timely judicial review of a Commission order that
23imposes a civil penalty is taken by a telecommunications
24carrier, a corporation other than a telecommunications
25carrier, or a person acting as a telecommunications carrier on
26whom or on which the civil penalty has been imposed, the

 

 

10000HB1811sam003- 138 -LRB100 08000 SLF 27779 a

1reviewing court shall enter a judgment on all amounts upon
2affirmance of the Commission order. If timely judicial review
3is not taken and the civil penalty remains unpaid for 60 days
4after service of the order, the Commission in its discretion
5may either begin revocation proceedings or bring suit to
6recover the penalties. Unless stayed by a reviewing court,
7interest shall accrue from the 60th day after the date of
8service of the Commission order to the date full payment is
9received by the Commission.
10    (c) Actions to recover delinquent civil penalties under
11this Section shall be brought in the name of the People of the
12State of Illinois in the circuit court in and for the county in
13which the cause, or some part thereof, arose, or in which the
14entity complained of resides. The action shall be commenced and
15prosecuted to final judgement by the Commission. In any such
16action, all interest incurred up to the time of final court
17judgment may be recovered in that action. In all such actions,
18the procedure and rules of evidence shall be the same as in
19ordinary civil actions, except as otherwise herein provided.
20Any such action may be compromised or discontinued on
21application of the Commission upon such terms as the court
22shall approve and order.
23    (d) Civil penalties related to the late filing of reports,
24taxes, or other filings shall be paid into the State treasury
25to the credit of the Public Utility Fund. Except as otherwise
26provided in this Act, all other fines and civil penalties shall

 

 

10000HB1811sam003- 139 -LRB100 08000 SLF 27779 a

1be paid into the State treasury to the credit of the General
2Revenue Fund.
3(Source: P.A. 92-22, eff. 6-30-01.)
 
4    (220 ILCS 5/13-305)
5    Sec. 13-305. Amount of civil penalty. A telecommunications
6carrier, any corporation other than a telecommunications
7carrier, or any person acting as a telecommunications carrier
8that violates or fails to comply with any provisions of this
9Act or that fails to obey, observe, or comply with any order,
10decision, rule, regulation, direction, or requirement, or any
11part or provision thereof, of the Commission, made or issued
12under authority of this Act, in a case in which a civil penalty
13is not otherwise provided for in this Act, but excepting
14Section 5-202 of the Act, shall be subject to a civil penalty
15imposed in the manner provided in Section 13-304 of no more
16than $30,000 or 0.00825% of the carrier's gross intrastate
17annual telecommunications revenue, whichever is greater, for
18each offense unless the violator has fewer than 35,000
19subscriber access lines, in which case the civil penalty may
20not exceed $2,000 for each offense.
21    A telecommunications carrier subject to administrative
22penalties resulting from a final Commission order approving an
23intercorporate transaction entered pursuant to Section 7-204
24of this Act shall be subject to penalties under this Section
25imposed for the same conduct only to the extent that such

 

 

10000HB1811sam003- 140 -LRB100 08000 SLF 27779 a

1penalties exceed those imposed by the final Commission order.
2    Every violation of the provisions of this Act or of any
3order, decision, rule, regulation, direction, or requirement
4of the Commission, or any part or provision thereof, by any
5corporation or person, is a separate and distinct offense.
6Penalties under this Section shall attach and begin to accrue
7from the day after written notice is delivered to such party or
8parties that they are in violation of or have failed to comply
9with this Act or an order, decision, rule, regulation,
10direction, or requirement of the Commission, or part or
11provision thereof. In case of a continuing violation, each
12day's continuance thereof shall be a separate and distinct
13offense.
14    In construing and enforcing the provisions of this Act
15relating to penalties, the act, omission, or failure of any
16officer, agent, or employee of any telecommunications carrier
17or of any person acting within the scope of his or her duties
18or employment shall in every case be deemed to be the act,
19omission, or failure of such telecommunications carrier or
20person.
21    If the party who has violated or failed to comply with this
22Act or an order, decision, rule, regulation, direction, or
23requirement of the Commission, or any part or provision
24thereof, fails to seek timely review pursuant to Sections
2510-113 and 10-201 of this Act, the party shall, upon expiration
26of the statutory time limit, be subject to the civil penalty

 

 

10000HB1811sam003- 141 -LRB100 08000 SLF 27779 a

1provision of this Section.
2    Twenty percent of all moneys collected under this Section
3shall be deposited into the Digital Divide Elimination Fund and
420% of all moneys collected under this Section shall be
5deposited into the Digital Divide Elimination Infrastructure
6Fund.
7(Source: P.A. 92-22, eff. 6-30-01.)
 
8    (220 ILCS 5/13-401)  (from Ch. 111 2/3, par. 13-401)
9    Sec. 13-401. Certificate of Service Authority.
10    (a) No telecommunications carrier not possessing a
11certificate of public convenience and necessity or certificate
12of authority from the Commission at the time this Article goes
13into effect shall transact any business in this State until it
14shall have obtained a certificate of service authority from the
15Commission pursuant to the provisions of this Article.
16    No telecommunications carrier offering or providing, or
17seeking to offer or provide, any interexchange
18telecommunications service shall do so until it has applied for
19and received a Certificate of Interexchange Service Authority
20pursuant to the provisions of Section 13-403. No
21telecommunications carrier offering or providing, or seeking
22to offer or provide, any local exchange telecommunications
23service shall do so until it has applied for and received a
24Certificate of Exchange Service Authority pursuant to the
25provisions of Section 13-405.

 

 

10000HB1811sam003- 142 -LRB100 08000 SLF 27779 a

1    Notwithstanding Sections 13-403, 13-404, and 13-405, the
2Commission shall approve a cellular radio application for a
3Certificate of Service Authority without a hearing upon a
4showing by the cellular applicant that the Federal
5Communications Commission has issued to it a construction
6permit or an operating license to construct or operate a
7cellular radio system in the area as defined by the Federal
8Communications Commission, or portion of the area, for which
9the carrier seeks a Certificate of Service Authority.
10    No Certificate of Service Authority issued by the
11Commission shall be construed as granting a monopoly or
12exclusive privilege, immunity or franchise. The issuance of a
13Certificate of Service Authority to any telecommunications
14carrier shall not preclude the Commission from issuing
15additional Certificates of Service Authority to other
16telecommunications carriers providing the same or equivalent
17service or serving the same geographical area or customers as
18any previously certified carrier, except to the extent
19otherwise provided by Sections 13-403 and 13-405.
20    Any certificate of public convenience and necessity
21granted by the Commission to a telecommunications carrier prior
22to the effective date of this Article shall remain in full
23force and effect, and such carriers need not apply for a
24Certificate of Service Authority in order to continue offering
25or providing service to the extent authorized in such
26certificate of public convenience and necessity. Any such

 

 

10000HB1811sam003- 143 -LRB100 08000 SLF 27779 a

1carrier, however, prior to substantially altering the nature or
2scope of services provided under a certificate of public
3convenience and necessity, or adding or expanding services
4beyond the authority contained in such certificate, must apply
5for a Certificate of Service Authority for such alterations or
6additions pursuant to the provisions of this Article.
7    The Commission shall review and modify the terms of any
8certificate of public convenience and necessity issued to a
9telecommunications carrier prior to the effective date of this
10Article in order to ensure its conformity with the requirements
11and policies of this Article. Any Certificate of Service
12Authority may be altered or modified by the Commission, after
13notice and hearing, upon its own motion or upon application of
14the person or company affected. Unless exercised within a
15period of two years from the issuance thereof, authority
16conferred by a Certificate of Service Authority shall be null
17and void.
18    (b) The Commission may issue a temporary Certificate which
19shall remain in force not to exceed one year in cases of
20emergency, to assure maintenance of adequate service or to
21serve particular customers, without notice and hearing,
22pending the determination of an application for a Certificate,
23and may by regulation exempt from the requirements of this
24Section temporary acts or operations for which the issuance of
25a certificate is not necessary in the public interest and which
26will not be required therefor.

 

 

10000HB1811sam003- 144 -LRB100 08000 SLF 27779 a

1(Source: P.A. 87-856.)
 
2    (220 ILCS 5/13-401.1)
3    Sec. 13-401.1. Interconnected voice over Internet protocol
4(VoIP) service provider registration.
5    (a) An Interconnected VoIP provider providing fixed or
6non-nomadic service in Illinois on December 1, 2010 shall
7register with the Commission no later than January 1, 2011. All
8other Interconnected VoIP providers providing fixed or
9non-nomadic service in Illinois shall register with the
10Commission at least 30 days before providing service in
11Illinois. The Commission shall prescribe a registration form no
12later than October 1, 2010. The registration form prescribed by
13the Commission shall only require the following information:
14        (1) the provider's legal name and any name under which
15    the provider does or will do business in Illinois, as
16    authorized by the Secretary of State;
17        (2) the provider's address and telephone number, along
18    with contact information for the person responsible for
19    ongoing communications with the Commission;
20        (3) a description of the provider's dispute resolution
21    process and, if any, the telephone number to initiate the
22    dispute resolution process; and
23        (4) a description of each exchange of a local exchange
24    company, in whole or in part, or the cities, towns, or
25    geographic areas, in whole or in part, in which the

 

 

10000HB1811sam003- 145 -LRB100 08000 SLF 27779 a

1    provider is offering or proposes to offer Interconnected
2    VoIP service.
3    A provider must notify the Commission of any change in the
4information identified in paragraphs (1), (2), (3), or (4) of
5this subsection (a) within 5 business days after any such
6change.
7    (b) A provider shall charge and collect from its end-user
8customers, and remit to the appropriate authority, fees and
9surcharges in the same manner as are charged and collected upon
10end-user customers of local exchange telecommunications
11service and remitted by local exchange telecommunications
12companies for local enhanced 9-1-1 surcharges.
13    (c) A provider may designate information that it submits in
14its registration form or subsequent reports as confidential or
15proprietary, provided that the provider states the reasons the
16confidential designation is necessary. The Commission shall
17provide adequate protection for such information pursuant to
18Section 4-404 of this Act. If the Commission or any other party
19seeks public disclosure of information designated as
20confidential, the Commission shall consider the confidential
21designation in a proceeding under the Illinois Administrative
22Procedure Act, and the burden of proof to demonstrate that the
23designated information is confidential shall be upon the
24provider. Designated information shall remain confidential
25pending the Commission's determination of whether the
26information is entitled to confidential treatment. Information

 

 

10000HB1811sam003- 146 -LRB100 08000 SLF 27779 a

1designated as confidential shall be provided to local units of
2government for purposes of assessing compliance with this
3Article as permitted under a protective order issued by the
4Commission pursuant to the Commission's rules and to the
5Attorney General pursuant to Section 6.5 of the Attorney
6General Act. Information designated as confidential under this
7Section or determined to be confidential upon Commission review
8shall only be disclosed pursuant to a valid and enforceable
9subpoena or court order or as required by the Freedom of
10Information Act.
11    (d) Notwithstanding any other provision of law to the
12contrary, the Commission shall have the authority, after notice
13and hearing, to revoke or suspend the registration of any
14provider that fails to comply with the requirements of this
15Section.
16    (e) The provisions of this Section are severable under
17Section 1.31 of the Statute on Statutes.
18(Source: P.A. 96-927, eff. 6-15-10.)
 
19    (220 ILCS 5/13-402)  (from Ch. 111 2/3, par. 13-402)
20    Sec. 13-402. The Commission is authorized, in connection
21with the issuance or modification of a Certificate of
22Interexchange Service Authority or the modification of a
23certificate of public convenience and necessity for
24interexchange telecommunications service, to waive or modify
25the application of its rules, general orders, procedures or

 

 

10000HB1811sam003- 147 -LRB100 08000 SLF 27779 a

1notice requirements when such action will reduce the economic
2burdens of regulation and such waiver or modification is not
3inconsistent with the law or the purposes and policies of this
4Article.
5    Any such waiver or modification granted to any
6interexchange telecommunications carrier which has, or any
7group of such carriers any one of which has annual revenues
8exceeding $10,000,000 shall be automatically applied fully and
9equally to all such carriers with annual revenues exceeding
10$10,000,000 unless the Commission specifically finds, after
11notice to all such carriers and a hearing, that restricting the
12application of such waiver or modification to only one such
13carrier or some group of such carriers is consistent with and
14would promote the purposes and policies of this Article and the
15protection of telecommunications customers.
16(Source: P.A. 84-1063.)
 
17    (220 ILCS 5/13-403)  (from Ch. 111 2/3, par. 13-403)
18    Sec. 13-403. Interexchange service authority; approval.
19The Commission shall approve an application for a Certificate
20of Interexchange Service Authority only upon a showing by the
21applicant, and a finding by the Commission, after notice and
22hearing, that the applicant possesses sufficient technical,
23financial and managerial resources and abilities to provide
24interexchange telecommunications service. The removal from
25this Section of the dialing restrictions by this amendatory Act

 

 

10000HB1811sam003- 148 -LRB100 08000 SLF 27779 a

1of 1992 does not create any legislative presumption for or
2against intra-Market Service Area presubscription or changes
3in intra-Market Service Area dialing arrangements related to
4the implementation of that presubscription, but simply vests
5jurisdiction in the Illinois Commerce Commission to consider
6after notice and hearing the issue of presubscription in
7accordance with the policy goals outlined in Section 13-103.
8    The Commission shall have authority to alter the boundaries
9of Market Service Areas when such alteration is consistent with
10the public interest and the purposes and policies of this
11Article. A determination by the Commission with respect to
12Market Service Area boundaries shall not modify or affect the
13rights or obligations of any telecommunications carrier with
14respect to any consent decree or agreement with the United
15States Department of Justice, including, but not limited to,
16the Modification of Final Judgment in United States v. Western
17Electric Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from
18time to time.
19(Source: P.A. 91-357, eff. 7-29-99.)
 
20    (220 ILCS 5/13-404)  (from Ch. 111 2/3, par. 13-404)
21    Sec. 13-404. Any telecommunications carrier offering or
22providing the resale of either local exchange or interexchange
23telecommunications service must first obtain a Certificate of
24Service Authority. The Commission shall approve an application
25for a Certificate for the resale of local exchange or

 

 

10000HB1811sam003- 149 -LRB100 08000 SLF 27779 a

1interexchange telecommunications service upon a showing by the
2applicant, and a finding by the Commission, after notice and
3hearing, that the applicant possesses sufficient technical,
4financial and managerial resources and abilities to provide the
5resale of telecommunications service.
6(Source: P.A. 84-1063.)
 
7    (220 ILCS 5/13-404.1)
8    Sec. 13-404.1. Prepaid calling service authority; rules.
9    (a) The General Assembly finds that it is necessary to
10require the certification of prepaid calling service providers
11to protect and promote against fraud the legitimate business
12interests of persons or entities currently providing prepaid
13calling service to Illinois end users and Illinois end users
14who purchase these services.
15    (b) On and after July 1, 2005, it shall be unlawful for any
16prepaid calling service provider to offer or provide or seek to
17offer or provide to any distributor, prepaid calling service
18reseller, prepaid calling service retailer, or end user any
19prepaid calling service unless the prepaid calling service
20provider has applied for and received a Certificate of Prepaid
21Calling Service Provider Authority from the Commission. The
22Commission shall approve an application for a Certificate of
23Prepaid Calling Service Provider Authority upon a showing by
24the applicant, and a finding by the Commission, after notice
25and hearing, that the applicant possesses sufficient

 

 

10000HB1811sam003- 150 -LRB100 08000 SLF 27779 a

1technical, financial, and managerial resources and abilities
2to provide prepaid calling services. The Commission shall
3approve an application for a Certificate of Prepaid Calling
4Service Provider Authority without a hearing upon a showing by
5the applicant that the Commission has issued an appropriate
6Certificate of Service Authority (whether a Certificate of
7Interexchange Service Authority or Certificate of Exchange
8Service Authority or both) to the applicant or the
9telecommunications carrier whose service the applicant is
10seeking to resell, provided that the telecommunications
11carrier remains in good standing with the Commission. The
12Commission may adopt rules necessary for the administration of
13this subsection.
14    (c) Upon issuance of a Certificate of Prepaid Calling
15Service Provider Authority to a prepaid calling service
16provider, the Commission shall post a list that contains the
17full legal name of the prepaid service provider, the docket
18number of the provider's certification proceeding, and the
19toll-free customer service number of the certified prepaid
20calling service provider on the Commission's web site on a link
21solely dedicated to prepaid calling service providers. If the
22certified prepaid calling service provider changes its
23toll-free customer service number, it is the duty of the
24certified prepaid calling service provider to provide the
25Commission with notice of the change and with the provider's
26new toll-free customer service number at least 24 hours prior

 

 

10000HB1811sam003- 151 -LRB100 08000 SLF 27779 a

1to changing its toll-free customer service number. The
2Commission may adopt rules that further define the
3administration of this subsection.
4    (d) Any and all enforcement authority granted to the
5Commission under this Article over any Certificate of Service
6Authority shall apply equally and without limitation to
7Certificates of Prepaid Calling Service Provider Authority.
8(Source: P.A. 93-1002, eff. 1-1-05.)
 
9    (220 ILCS 5/13-404.2)
10    Sec. 13-404.2. Prepaid calling service standards. The
11Commission, by rule, may establish and implement minimum
12service quality standards for prepaid calling service. The
13rules may include, but are not limited to, requiring access to
14a live customer service attendant through the customer service
15number, reporting requirements, fines, penalties, customer
16credits, remedies, and other enforcement mechanisms to ensure
17compliance with the service quality standards.
18(Source: P.A. 93-1002, eff. 1-1-05.)
 
19    (220 ILCS 5/13-405)  (from Ch. 111 2/3, par. 13-405)
20    Sec. 13-405. Local exchange service authority; approval.
21The Commission shall approve an application for a Certificate
22of Exchange Service Authority only upon a showing by the
23applicant, and a finding by the Commission, after notice and
24hearing, that the applicant possesses sufficient technical,

 

 

10000HB1811sam003- 152 -LRB100 08000 SLF 27779 a

1financial, and managerial resources and abilities to provide
2local exchange telecommunications service.
3(Source: P.A. 90-185, eff. 7-23-97.)
 
4    (220 ILCS 5/13-405.1)  (from Ch. 111 2/3, par. 13-405.1)
5    Sec. 13-405.1. Interexchange services; incidental local
6service. Whether or not a telecommunications carrier is
7certified to offer or provide local exchange
8telecommunications service, nothing in Section 13-405 shall be
9construed to require the withdrawal or prevent the offering of
10interexchange services merely because incidental use of such
11service by the customer for local exchange telecommunications
12service is possible.
13(Source: P.A. 87-856.)
 
14    (220 ILCS 5/13-406)  (from Ch. 111 2/3, par. 13-406)
15    Sec. 13-406. Abandonment of service. No telecommunications
16carrier offering or providing noncompetitive
17telecommunications service pursuant to a valid Certificate of
18Service Authority or certificate of public convenience and
19necessity shall discontinue or abandon such service once
20initiated until and unless it shall demonstrate, and the
21Commission finds, after notice and hearing, that such
22discontinuance or abandonment will not deprive customers of any
23necessary or essential telecommunications service or access
24thereto and is not otherwise contrary to the public interest.

 

 

10000HB1811sam003- 153 -LRB100 08000 SLF 27779 a

1No telecommunications carrier offering or providing
2competitive telecommunications service shall completely
3discontinue or abandon such service to an identifiable class or
4group of customers once initiated except upon 60 days notice to
5the Commission and affected customers. The Commission may, upon
6its own motion or upon complaint, investigate the proposed
7discontinuance or abandonment of a competitive
8telecommunications service and may, after notice and hearing,
9prohibit such proposed discontinuance or abandonment if the
10Commission finds that it would be contrary to the public
11interest. If the Commission does not provide notice of a
12hearing within 60 calendar days after the notification or holds
13a hearing and fails to find that the proposed discontinuation
14or abandonment would be contrary to the public interest, the
15provider may discontinue or abandon such service after
16providing at least 30 days notice to affected customers. This
17Section does not apply to a Large Electing Provider proceeding
18under Section 13-406.1.
19(Source: P.A. 96-927, eff. 6-15-10.)
 
20    (220 ILCS 5/13-406.1 new)
21    Sec. 13-406.1. Large Electing Provider transition to
22IP-based networks and service.
23    (a) As used in this Section:
24    "Alternative voice service" means service that includes
25all of the applicable functionalities for voice telephony

 

 

10000HB1811sam003- 154 -LRB100 08000 SLF 27779 a

1services described in 47 CFR 54.101(a).
2    "Existing customer" means a residential customer of the
3Large Electing Provider who is subscribing to a
4telecommunications service on the date the Large Electing
5Provider sends its notice under paragraph (1) of subsection (c)
6of this Section of its intent to cease offering and providing
7service. For purposes of this Section, a residential customer
8of the Large Electing Provider whose service has been
9temporarily suspended, but not finally terminated as of the
10date that the Large Electing Provider sends that notice, shall
11be deemed to be an "existing customer".
12    "Large Electing Provider" means an Electing Provider, as
13defined in Section 13-506.2 of this Act, that (i) reported in
14its annual competition report for the year 2016 filed with the
15Commission under Section 13-407 of this Act and 83 Ill. Adm.
16Code 793 that it provided at least 700,000 access lines to end
17users; and (ii) is affiliated with a provider of commercial
18mobile radio service, as defined in 47 CFR 20.3, as of January
191, 2017.
20    "New customer" means a residential customer who is not
21subscribing to a telecommunications service provided by the
22Large Electing Provider on the date the Large Electing Provider
23sends its notice under paragraph (1) of subsection (c) of this
24Section of its intent to cease offering and providing that
25service.
26    "Provider" includes every corporation, company,

 

 

10000HB1811sam003- 155 -LRB100 08000 SLF 27779 a

1association, firm, partnership, and individual and their
2lessees, trustees, or receivers appointed by a court that sell
3or offer to sell an alternative voice service.
4    "Reliable access to 9-1-1" means access to 9-1-1 that
5complies with the applicable rules, regulations, and
6guidelines established by the Federal Communications
7Commission and the applicable provisions of the Emergency
8Telephone System Act and implementing rules.
9    "Willing provider" means a provider that voluntarily
10participates in the request for service process.
11    (b) Beginning June 30, 2017, a Large Electing Provider may,
12to the extent permitted by and consistent with federal law,
13including, as applicable, approval by the Federal
14Communications Commission of the discontinuance of the
15interstate-access component of a telecommunications service,
16cease to offer and provide a telecommunications service to an
17identifiable class or group of customers, other than voice
18telecommunications service to residential customers or a
19telecommunications service to a class of customers under
20subsection (b-5) of this Section, upon 60 days' notice to the
21Commission and affected customers.
22    (b-5) Notwithstanding any provision to the contrary in this
23Section 13-406.1, beginning December 31, 2021, a Large Electing
24Provider may, to the extent permitted by and consistent with
25federal law, including, if applicable, approval by the Federal
26Communications Commission of the discontinuance of the

 

 

10000HB1811sam003- 156 -LRB100 08000 SLF 27779 a

1interstate-access component of a telecommunication service,
2cease to offer and provide a telecommunications service to one
3or more of the following classes or groups of customers upon 60
4days' notice to the Commission and affected customers: (1)
5electric utilities, as defined in Section 16-102 of this Act;
6(2) public utilities, as defined in Section 3-105 of this Act,
7that offers natural gas or water services; (3) electric, gas,
8and water utilities that are excluded from the definition of
9public utility under paragraph (1) of subsection (b) of Section
103-105 of this Act; (4) water companies as described in
11paragraph (2) of subsection (b) of Section 3-105 of this Act;
12(5) natural gas cooperatives as described in paragraph (4) of
13subsection (b) of Section 3-105 of this Act; (6) electric
14cooperatives as defined in Section 3-119 of this Act; (7)
15entities engaged in the commercial generation of electric power
16and energy; (8) the functional divisions of public agencies, as
17defined in Section 2 of the Emergency Telephone System Act,
18that provide police or firefighting services; and (9) 9-1-1
19Authorities, as defined in Section 2 of the Emergency Telephone
20System Act; provided that the date shall be extended to
21December 21, 2022, for (i) an electric utility, as defined in
22Section 16-102 of this Act, that serves more than 3 million
23customers in the State; and (ii) an entity engaged in the
24commercial generation of electric power and energy that
25operates one or more nuclear power plants in the State.
26    (c) Beginning June 30, 2017, a Large Electing Provider may,

 

 

10000HB1811sam003- 157 -LRB100 08000 SLF 27779 a

1to the extent permitted by and consistent with federal law,
2cease to offer and provide voice telecommunications service to
3an identifiable class or group of residential customers, which,
4for the purposes of this subsection (c), shall be referred to
5as "requested service", subject to compliance with the
6following requirements:
7        (1) No less than 255 days prior to providing notice to
8    the Federal Communications Commission of its intent to
9    discontinue the interstate-access component of the
10    requested service, the Large Electing Provider shall:
11            (A) file a notice of the proposed cessation of the
12        requested service with the Commission, which shall
13        include a statement that the Large Electing Provider
14        will comply with any service discontinuance rules and
15        regulations of the Federal Communications Commission
16        pertaining to compatibility of alternative voice
17        services with medical monitoring devices; and
18            (B) provide notice of the proposed cessation of the
19        requested service to each of the Large Electing
20        Provider's existing customers within the affected
21        geographic area by first-class mail separate from
22        customer bills. If the customer has elected to receive
23        electronic billing, the notice shall be sent
24        electronically and by first-class mail separate from
25        customer bills. The notice provided under this
26        subparagraph (B) shall describe the requested service,

 

 

10000HB1811sam003- 158 -LRB100 08000 SLF 27779 a

1        identify the earliest date on which the Large Electing
2        Provider intends to cease offering or providing the
3        telecommunications service, provide a telephone number
4        by which the existing customer may contact a service
5        representative of the Large Electing Provider, and
6        provide a telephone number by which the existing
7        customer may contact the Commission's Consumer
8        Services Division. The notice shall also include the
9        following statement:
10                "If you do not believe that an alternative
11            voice service including reliable access to 9-1-1
12            is available to you, from either [name of Large
13            Electing Provider] or another provider of wired or
14            wireless voice service where you live, you have the
15            right to request the Illinois Commerce Commission
16            to investigate the availability of alternative
17            voice service including reliable access to 9-1-1.
18            To do so, you must submit such a request either in
19            writing or by signing and returning a copy of this
20            notice, no later than (insert date), 60 days after
21            the date of the notice to the following address:
22            Chief Clerk of the Illinois Commerce Commission
23            527 East Capitol Avenue
24            Springfield, Illinois 62706
25                You must include in your request a reference to
26            the notice you received from [Large Electing

 

 

10000HB1811sam003- 159 -LRB100 08000 SLF 27779 a

1            Provider's name] and the date of notice.".
2            Thirty days following the date of notice, the Large
3        Electing Provider shall provide each customer to which
4        the notice was sent a follow-up notice containing the
5        same information and reminding customers of the
6        deadline for requesting the Commission to investigate
7        alternative voice service with access to 9-1-1.
8        (2) After June 30, 2017, and only in a geographic area
9    for which a Large Electing Provider has provided notice of
10    proposed cessation of the requested service to existing
11    customers under paragraph (1) of this subsection (c), an
12    existing customer of that provider may, within 60 days
13    after issuance of such notice, request the Commission to
14    investigate the availability of alternative voice service
15    including reliable access to 9-1-1 to that customer. For
16    the purposes of this paragraph (2), existing customers who
17    make such a request are referred to as "requesting existing
18    customers". The Large Electing Provider may cease to offer
19    or provide the requested service to existing customers who
20    do not make a request for investigation beginning 30 days
21    after issuance of the notice required by paragraph (5) of
22    this subsection (c).
23            (A) In response to all requests and investigations
24        under this paragraph (2), the Commission shall conduct
25        a single investigation to be commenced 75 days after
26        the receipt of notice under paragraph (1) of this

 

 

10000HB1811sam003- 160 -LRB100 08000 SLF 27779 a

1        subsection (c), and completed within 135 days after
2        commencement. The Commission shall, within 135 days
3        after commencement of the investigation, make one of
4        the findings described in subdivisions (i) and (ii) of
5        this subparagraph (A) for each requesting existing
6        customer.
7                (i) If, as a result of the investigation, the
8            Commission finds that service from at least one
9            provider offering alternative voice service
10            including reliable access to 9-1-1 through any
11            technology or medium is available to one or more
12            requesting existing customers, the Commission
13            shall declare by order that, with respect to each
14            requesting existing customer for which such a
15            finding is made, the Large Electing Provider may
16            cease to offer or provide the requested service
17            beginning 30 days after the issuance of the notice
18            required by paragraph (5) of this subsection (c).
19                (ii) If, as a result of the investigation, the
20            Commission finds that service from at least one
21            provider offering alternative voice service,
22            including reliable access to 9-1-1, through any
23            technology or medium is not available to one or
24            more requesting existing customers, the Commission
25            shall declare by order that an emergency exists
26            with respect to each requesting existing customer

 

 

10000HB1811sam003- 161 -LRB100 08000 SLF 27779 a

1            for which such a finding is made.
2            (B) If the Commission declares an emergency under
3        subdivision (ii) of subparagraph (A) of this paragraph
4        (2) with respect to one or more requesting existing
5        customers, the Commission shall conduct a request for
6        service process to identify a willing provider of
7        alternative voice service including reliable access to
8        9-1-1. A provider shall not be required to participate
9        in the request for service process. The willing
10        provider may utilize any form of technology that is
11        capable of providing alternative voice service
12        including reliable access to 9-1-1, including, without
13        limitation, Voice over Internet Protocol services and
14        wireless services. The Commission shall, within 45
15        days after the issuance of an order finding that an
16        emergency exists, make one of the determinations
17        described in subdivisions (i) and (ii) of this
18        subparagraph (B) for each requesting existing customer
19        for which an emergency has been declared.
20                (i) If the Commission determines that another
21            provider is willing and capable of providing
22            alternative voice service including reliable
23            access to 9-1-1 to one or more requesting existing
24            customers for which an emergency has been
25            declared, the Commission shall declare by order
26            that, with respect to each requesting existing

 

 

10000HB1811sam003- 162 -LRB100 08000 SLF 27779 a

1            customer for which such a determination is made,
2            the Large Electing Provider may cease to offer or
3            provide the requested service beginning 30 days
4            after the issuance of the notice required by
5            paragraph (5) of this Section.
6                (ii) If the Commission determines that for one
7            or more of the requesting existing customers for
8            which an emergency has been declared there is no
9            other provider willing and capable of providing
10            alternative voice service including reliable
11            access to 9-1-1, the Commission shall issue an
12            order requiring the Large Electing Provider to
13            provide alternative voice service including
14            reliable access to 9-1-1 to each requesting
15            existing customer utilizing any form of technology
16            capable of providing alternative voice service
17            including reliable access to 9-1-1, including,
18            without limitation, continuation of the requested
19            service, Voice over Internet Protocol services,
20            and wireless services, until another willing
21            provider is available. A Large Electing Provider
22            may fulfill the requirement through an affiliate
23            or another provider. The Large Electing Provider
24            may request that such an order be rescinded upon a
25            showing that an alternative voice service
26            including reliable access to 9-1-1 has become

 

 

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1            available to the requesting existing customer from
2            another provider.
3        (3) If the Commission receives no requests for
4    investigation from any existing customer under paragraph
5    (2) of this subsection (c) within 60 days after issuance of
6    the notice under paragraph (1) of this subsection (c), the
7    Commission shall provide written notice to the Large
8    Electing Provider of that fact no later than 75 days after
9    receipt of notice under paragraph (1) of this subsection
10    (c). Notwithstanding any provision of this subsection (c)
11    to the contrary, if no existing customer requests an
12    investigation under paragraph (2) of this subsection (c),
13    the Large Electing Provider may immediately provide the
14    notice to the Federal Communications Commission as
15    described in paragraph (4) of this subsection (c).
16        (4) At the same time that it provides notice to the
17    Federal Communications Commission of its intent to
18    discontinue the interstate-access component of the
19    requested service, the Large Electing Provider shall:
20            (A) file a notice of proposal to cease to offer and
21        provide the requested service with the Commission; and
22            (B) provide a notice of proposal to cease to offer
23        and provide the requested service to existing
24        customers and new customers receiving the service at
25        the time of the notice within each affected geographic
26        area, with the notice made by first-class mail or

 

 

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1        within customer bills delivered by mail or equivalent
2        means of notice, including electronic means if the
3        customer has elected to receive electronic billing.
4        The notice provided under this subparagraph (B) shall
5        include a brief description of the requested service,
6        the date on which the Large Electing Provider intends
7        to cease offering or providing the telecommunications
8        service, and a statement as required by 47 CFR 63.71
9        that describes the process by which the customer may
10        submit comments to the Federal Communications
11        Commission.
12        (5) Upon approval by the Federal Communications
13    Commission of its request to discontinue the
14    interstate-access component of the requested service and
15    subject to the requirements of any order issued by the
16    Commission under subdivision (ii) of subparagraph (B) of
17    paragraph (2) of this subsection (c), the Large Electing
18    Provider may immediately cease to offer the requested
19    service to all customers not receiving the service on the
20    date of the Federal Communications Commission's approval
21    and may cease to offer and provide the requested service to
22    all customers receiving the service at the time of the
23    Federal Communications Commission's approval upon 30 days'
24    notice to the Commission and affected customers. Notice to
25    affected customers under this paragraph (5) shall be
26    provided by first-class mail separate from customer bills.

 

 

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1    The notice provided under this paragraph (5) shall describe
2    the requested service, identify the date on which the Large
3    Electing Provider intends to cease offering or providing
4    the telecommunications service, and provide a telephone
5    number by which the existing customer may contact a service
6    representative of the Large Electing Provider.
7        (6) The notices provided for in paragraph (1) of this
8    subsection (c) are not required as a prerequisite for the
9    Large Electing Provider to cease to offer or provide a
10    telecommunications service in a geographic area where
11    there are no residential customers taking service from the
12    Large Electing Provider on the date that the Large Electing
13    Provider files notice to the Federal Communications
14    Commission of its intent to discontinue the
15    interstate-access component of the requested service in
16    that geographic area.
17        (7) For a period of 45 days following the date of a
18    notice issued under paragraph (5) of this Section, an
19    existing customer (i) who is located in the affected
20    geographic area subject to that notice; (ii) who was
21    receiving the requested service as of the date of the
22    Federal Communications Commission's approval of the Large
23    Electing Provider's request to discontinue the
24    interstate-access component of the requested service;
25    (iii) who did not make a timely request for investigation
26    under paragraph (2) of this subsection (c); and (iv) whose

 

 

10000HB1811sam003- 166 -LRB100 08000 SLF 27779 a

1    service will be or has been discontinued under paragraph
2    (5), may request assistance from the Large Electing
3    Provider in identifying providers of alternative voice
4    service including reliable access to 9-1-1. Within 15 days
5    of the request, the Large Electing Provider shall provide
6    the customer with a list of alternative voice service
7    providers.
8        (8) Notwithstanding any other provision of this Act,
9    except as expressly authorized by this subsection (c), the
10    Commission may not, upon its own motion or upon complaint,
11    investigate, suspend, disapprove, condition, or otherwise
12    regulate the cessation of a telecommunications service to
13    an identifiable class or group of customers once initiated
14    by a Large Electing Provider under subsection (b) or (b-5)
15    of this Section or this subsection (c).
 
16    (220 ILCS 5/13-407)  (from Ch. 111 2/3, par. 13-407)
17    Sec. 13-407. Commission study and report. The Commission
18shall monitor and analyze patterns of entry and exit and
19changes in patterns of entry and exit for each relevant market
20for telecommunications services, including emerging high speed
21telecommunications markets and broadband services. The
22Commission shall include its findings together with
23appropriate recommendations for legislative action in its
24annual report to the General Assembly. The Commission shall
25provide an analysis of entry and exit, along with changes in

 

 

10000HB1811sam003- 167 -LRB100 08000 SLF 27779 a

1patterns of entry and exit, for broadband services in its
2annual report to the General Assembly.
3    In preparing its annual report, the Commission may obtain
4any information on broadband services that has been collected
5or is in the possession of the Department of Commerce and
6Economic Opportunity pursuant to the High Speed Internet
7Services and Information Technology Act. The Commission shall
8coordinate with the Department of Commerce and Economic
9Opportunity in collecting information to avoid a duplication of
10efforts.
11    The Commission shall also monitor and analyze the status of
12deployment of services to consumers, and any resulting "digital
13divisions" between consumers, including any changes or trends
14therein. The Commission shall include its findings together
15with appropriate recommendations for legislative action in its
16annual report to the General Assembly. In preparing this
17analysis the Commission shall evaluate information provided by
18certificated telecommunications carriers, registered
19Interconnected VoIP providers, and Facilities-based Providers
20of Broadband Connections to End User Locations that pertains to
21the state of competition in telecommunications markets
22including, but not limited to:
23        (1) the number and type of firms providing
24    telecommunications services and broadband services, within
25    the State;
26        (2) the services offered by these firms to both retail

 

 

10000HB1811sam003- 168 -LRB100 08000 SLF 27779 a

1    and wholesale customers;
2        (3) the extent to which customers and other providers
3    are purchasing the firms' services; and
4        (4) the technologies or methods by which these firms
5    provide these services, including descriptions of
6    technologies in place and under development, and the degree
7    to which firms rely on other wholesale providers to provide
8    service to their own customers.
9    The Commission shall at a minimum assess the variability in
10this information according to geography, examining variability
11by exchange, wirecenter, or zip code, and by customer class,
12examining, at a minimum, the variability between residential
13and small, medium, and large business customers. The Commission
14shall provide an analysis of market trends by collecting this
15information from certificated telecommunications carriers,
16registered Interconnected VoIP providers, and Facilities-based
17Providers of Broadband Connections to End User Locations within
18the State. The Commission shall also collect all information,
19in a format determined by the Commission, that the Commission
20deems necessary to assist in monitoring and analyzing the
21telecommunications markets and broadband market, along with
22the status of competition and deployment of telecommunications
23services and broadband services to consumers in the State.
24    Notwithstanding any other provision of this Act,
25certificated telecommunications carriers and registered
26Interconnected VoIP providers shall report to the Commission

 

 

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1such information, with the exception of broadband information,
2requested by the Commission necessary to satisfy the reporting
3requirements of items (1) through (4) of this Section. The
4Commission may coordinate and work with the Department of
5Commerce and Economic Opportunity to avoid duplication of
6collection of information that is collected pursuant to the
7High Speed Internet Services and Information Technology Act.
8    For the purposes of this Section:
9        "Broadband connections" include wired lines or
10    wireless channels that enable the end user to receive
11    information from or send information to the Internet at
12    information transfer rates exceeding 200 kbps in at least
13    one direction.
14        "End user" includes a residential, business,
15    institutional, or government entity who uses broadband
16    services for its own purposes and who does not resell such
17    services to other entities or incorporate such services
18    into retail Internet-access services. For purposes of this
19    Section, an Internet Service Provider (ISP) is not an end
20    user of a broadband connection.
21        "Facilities-based Provider of Broadband Connections to
22    End User Locations" means an entity that meets any of the
23    following conditions:
24            (i) It owns the portion of the physical facility
25        that terminates at the end user location.
26            (ii) It obtains unbundled network elements (UNEs),

 

 

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1        special access lines, or other leased facilities that
2        terminate at the end user location and provisions or
3        equips them as broadband.
4            (iii) It provisions or equips a broadband wireless
5        channel to the end user location over licensed or
6        unlicensed spectrum.
7        "Facilities-based Provider of Broadband Connections to
8    End User Locations" does not include providers of
9    terrestrial fixed wireless services (such as Wi-Fi and
10    other wireless Ethernet, or wireless local area network,
11    applications) that only enable local distribution and
12    sharing of a premises broadband facility and does not
13    include air-to-ground services.
14(Source: P.A. 96-927, eff. 6-15-10.)
 
15    (220 ILCS 5/13-501)  (from Ch. 111 2/3, par. 13-501)
16    Sec. 13-501. Tariff; filing.
17    (a) No telecommunications carrier shall offer or provide
18noncompetitive telecommunications service, telecommunications
19service subject to subsection (g) of Section 13-506.2 or
20Section 13-900.1 or 13-900.2 of this Act, or telecommunications
21service referred to in an interconnection agreement as a
22tariffed service unless and until a tariff is filed with the
23Commission which describes the nature of the service,
24applicable rates and other charges, terms and conditions of
25service, and the exchange, exchanges or other geographical area

 

 

10000HB1811sam003- 171 -LRB100 08000 SLF 27779 a

1or areas in which the service shall be offered or provided. The
2Commission may prescribe the form of such tariff and any
3additional data or information which shall be included therein.
4    (b) After a hearing regarding a telecommunications service
5subject to subsection (a) of this Section, the Commission has
6the discretion to impose an interim or permanent tariff on a
7telecommunications carrier as part of the order in the case.
8When a tariff is imposed as part of the order in a case, the
9tariff shall remain in full force and effect until a compliance
10tariff, or superseding tariff, is filed by the
11telecommunications carrier and, after notice to the parties in
12the case and after a compliance hearing is held, is found by
13the Commission to be in compliance with the Commission's order.
14    (c) A telecommunications carrier shall offer or provide
15telecommunications service that is not subject to subsection
16(a) of this Section pursuant to either a tariff filed with the
17Commission or a written service offering that shall be
18available on the telecommunications carrier's website as
19required by Section 13-503 of this Act and that describes the
20nature of the service, applicable rates and other charges,
21terms and conditions of service. Revenue from competitive
22retail telecommunications service received by a
23telecommunications carrier pursuant to either a tariff or a
24written service offering shall be gross revenue for purposes of
25Section 2-202 of this Act.
26(Source: P.A. 98-45, eff. 6-28-13.)
 

 

 

10000HB1811sam003- 172 -LRB100 08000 SLF 27779 a

1    (220 ILCS 5/13-501.5)
2    Sec. 13-501.5. Directory assistance service for the blind.
3A telecommunications carrier that provides directory
4assistance service shall provide in its tariffs or its written
5service offering pursuant to subsection (c) of Section 13-501
6of this Act for that service that directory assistance shall be
7provided at no charge to its customers who are legally blind
8for telephone numbers of customers located within the same
9calling area, as described in the telecommunications carrier's
10tariff.
11(Source: P.A. 98-45, eff. 6-28-13.)
 
12    (220 ILCS 5/13-502)  (from Ch. 111 2/3, par. 13-502)
13    Sec. 13-502. Classification of services.
14    (a) All telecommunications services offered or provided
15under tariff by telecommunications carriers shall be
16classified as either competitive or noncompetitive. A
17telecommunications carrier may offer or provide either
18competitive or noncompetitive telecommunications services, or
19both, subject to proper certification and other applicable
20provisions of this Article. Any tariff filed with the
21Commission as required by Section 13-501 shall indicate whether
22the service to be offered or provided is competitive or
23noncompetitive.
24    (b) A service shall be classified as competitive only if,

 

 

10000HB1811sam003- 173 -LRB100 08000 SLF 27779 a

1and only to the extent that, for some identifiable class or
2group of customers in an exchange, group of exchanges, or some
3other clearly defined geographical area, such service, or its
4functional equivalent, or a substitute service, is reasonably
5available from more than one provider, whether or not any such
6provider is a telecommunications carrier subject to regulation
7under this Act. All telecommunications services not properly
8classified as competitive shall be classified as
9noncompetitive. The Commission shall have the power to
10investigate the propriety of any classification of a
11telecommunications service on its own motion and shall
12investigate upon complaint. In any hearing or investigation,
13the burden of proof as to the proper classification of any
14service shall rest upon the telecommunications carrier
15providing the service. After notice and hearing, the Commission
16shall order the proper classification of any service in whole
17or in part. The Commission shall make its determination and
18issue its final order no later than 180 days from the date such
19hearing or investigation is initiated. If the Commission enters
20into a hearing upon complaint and if the Commission fails to
21issue an order within that period, the complaint shall be
22deemed granted unless the Commission, the complainant, and the
23telecommunications carrier providing the service agree to
24extend the time period.
25    (c) In determining whether a service should be reclassified
26as competitive, the Commission shall, at a minimum, consider

 

 

10000HB1811sam003- 174 -LRB100 08000 SLF 27779 a

1the following factors:
2        (1) the number, size, and geographic distribution of
3    other providers of the service;
4        (2) the availability of functionally equivalent
5    services in the relevant geographic area and the ability of
6    telecommunications carriers or other persons to make the
7    same, equivalent, or substitutable service readily
8    available in the relevant market at comparable rates,
9    terms, and conditions;
10        (3) the existence of economic, technological, or any
11    other barriers to entry into, or exit from, the relevant
12    market;
13        (4) the extent to which other telecommunications
14    companies must rely upon the service of another
15    telecommunications carrier to provide telecommunications
16    service; and
17        (5) any other factors that may affect competition and
18    the public interest that the Commission deems appropriate.
19    (d) No tariff classifying a new telecommunications service
20as competitive or reclassifying a previously noncompetitive
21telecommunications service as competitive, which is filed by a
22telecommunications carrier which also offers or provides
23noncompetitive telecommunications service, shall be effective
24unless and until such telecommunications carrier offering or
25providing, or seeking to offer or provide, such proposed
26competitive service prepares and files a study of the long-run

 

 

10000HB1811sam003- 175 -LRB100 08000 SLF 27779 a

1service incremental cost underlying such service and
2demonstrates that the tariffed rates and charges for the
3service and any relevant group of services that includes the
4proposed competitive service and for which resources are used
5in common solely by that group of services are not less than
6the long-run service incremental cost of providing the service
7and each relevant group of services. Such study shall be given
8proprietary treatment by the Commission at the request of such
9carrier if any other provider of the competitive service, its
10functional equivalent, or a substitute service in the
11geographical area described by the proposed tariff has not
12filed, or has not been required to file, such a study.
13    (e) In the event any telecommunications service has been
14classified and filed as competitive by the telecommunications
15carrier, and has been offered or provided on such basis, and
16the Commission subsequently determines after investigation
17that such classification improperly included services which
18were in fact noncompetitive, the Commission shall have the
19power to determine and order refunds to customers for any
20overcharges which may have resulted from the improper
21classification, or to order such other remedies provided to it
22under this Act, or to seek an appropriate remedy or relief in a
23court of competent jurisdiction.
24    (f) If no hearing or investigation regarding the propriety
25of a competitive classification of a telecommunications
26service is initiated within 180 days after a telecommunications

 

 

10000HB1811sam003- 176 -LRB100 08000 SLF 27779 a

1carrier files a tariff listing such telecommunications service
2as competitive, no refunds to customers for any overcharges
3which may result from an improper classification shall be
4ordered for the period from the time the telecommunications
5carrier filed such tariff listing the service as competitive up
6to the time an investigation of the service classification is
7initiated by the Commission's own motion or the filing of a
8complaint. Where a hearing or an investigation regarding the
9propriety of a telecommunications service classification as
10competitive is initiated after 180 days from the filing of the
11tariff, the period subject to refund for improper
12classification shall begin on the date such investigation or
13hearing is initiated by the filing of a Commission motion or a
14complaint.
15(Source: P.A. 92-22, eff. 6-30-01.)
 
16    (220 ILCS 5/13-502.5)
17    Sec. 13-502.5. Services alleged to be improperly
18classified.
19    (a) Any action or proceeding pending before the Commission
20upon the effective date of this amendatory Act of the 92nd
21General Assembly in which it is alleged that a
22telecommunications carrier has improperly classified services
23as competitive, other than a case pertaining to Section
2413-506.1, shall be abated and shall not be maintained or
25continued.

 

 

10000HB1811sam003- 177 -LRB100 08000 SLF 27779 a

1    (b) All retail telecommunications services provided to
2business end users by any telecommunications carrier subject,
3as of May 1, 2001, to alternative regulation under an
4alternative regulation plan pursuant to Section 13-506.1 of
5this Act shall be classified as competitive as of the effective
6date of this amendatory Act of the 92nd General Assembly
7without further Commission review. Rates for retail
8telecommunications services provided to business end users
9with 4 or fewer access lines shall not exceed the rates the
10carrier charged for those services on May 1, 2001. This
11restriction upon the rates of retail telecommunications
12services provided to business end users shall remain in force
13and effect through July 1, 2005; provided, however, that
14nothing in this Section shall be construed to prohibit
15reduction of those rates. Rates for retail telecommunications
16services provided to business end users with 5 or more access
17lines shall not be subject to the restrictions set forth in
18this subsection.
19    (c) All retail vertical services, as defined herein, that
20are provided by a telecommunications carrier subject, as of May
211, 2001, to alternative regulation under an alternative
22regulation plan pursuant to Section 13-506.1 of this Act shall
23be classified as competitive as of June 1, 2003 without further
24Commission review. Retail vertical services shall include, for
25purposes of this Section, services available on a subscriber's
26telephone line that the subscriber pays for on a periodic or

 

 

10000HB1811sam003- 178 -LRB100 08000 SLF 27779 a

1per use basis, but shall not include caller identification and
2call waiting.
3    (d) Any action or proceeding before the Commission upon the
4effective date of this amendatory Act of the 92nd General
5Assembly, in which it is alleged that a telecommunications
6carrier has improperly classified services as competitive,
7other than a case pertaining to Section 13-506.1, shall be
8abated and the services the classification of which is at issue
9shall be deemed either competitive or noncompetitive as set
10forth in this Section. Any telecommunications carrier subject
11to an action or proceeding in which it is alleged that the
12telecommunications carrier has improperly classified services
13as competitive shall be deemed liable to refund, and shall
14refund, the sum of $90,000,000 to that class or those classes
15of its customers that were alleged to have paid rates in excess
16of noncompetitive rates as the result of the alleged improper
17classification. The telecommunications carrier shall make the
18refund no later than 120 days after the effective date of this
19amendatory Act of the 92nd General Assembly.
20    (e) Any telecommunications carrier subject to an action or
21proceeding in which it is alleged that the telecommunications
22carrier has improperly classified services as competitive
23shall also pay the sum of $15,000,000 to the Digital Divide
24Elimination Fund established pursuant to Section 5-20 of the
25Eliminate the Digital Divide Law, and shall further pay the sum
26of $15,000,000 to the Digital Divide Elimination

 

 

10000HB1811sam003- 179 -LRB100 08000 SLF 27779 a

1Infrastructure Fund established pursuant to Section 13-301.3
2of this Act. The telecommunications carrier shall make each of
3these payments in 3 installments of $5,000,000, payable on July
41 of 2002, 2003, and 2004. The telecommunications carrier shall
5have no further accounting for these payments, which shall be
6used for the purposes established in the Eliminate the Digital
7Divide Law.
8    (f) All other services shall be classified pursuant to
9Section 13-502 of this Act.
10(Source: P.A. 92-22, eff. 6-30-01.)
 
11    (220 ILCS 5/13-503)  (from Ch. 111 2/3, par. 13-503)
12    Sec. 13-503. Information available to the public. With
13respect to rates or other charges made, demanded, or received
14for any telecommunications service offered, provided, or to be
15provided, that is subject to subsection (a) of Section 13-501
16of this Act, telecommunications carriers shall comply with the
17publication and filing provisions of Sections 9-101, 9-102,
189-102.1, and 9-201 of this Act. Except for the provision of
19services offered or provided by payphone providers pursuant to
20a tariff, telecommunications carriers shall make all tariffs
21and all written service offerings for competitive
22telecommunications service available electronically to the
23public without requiring a password or other means of
24registration. A telecommunications carrier's website shall, if
25applicable, provide in a conspicuous manner information on the

 

 

10000HB1811sam003- 180 -LRB100 08000 SLF 27779 a

1rates, charges, terms, and conditions of service available and
2a toll-free telephone number that may be used to contact an
3agent for assistance with obtaining rate or other charge
4information or the terms and conditions of service.
5(Source: P.A. 98-45, eff. 6-28-13.)
 
6    (220 ILCS 5/13-504)  (from Ch. 111 2/3, par. 13-504)
7    Sec. 13-504. Application of ratemaking provisions of
8Article IX.
9    (a) Except where the context clearly renders such
10provisions inapplicable, the ratemaking provisions of Article
11IX of this Act relating to public utilities are fully and
12equally applicable to the rates, charges, tariffs and
13classifications for the offer or provision of noncompetitive
14telecommunications services. However, the ratemaking
15provisions do not apply to any proposed change in rates or
16charges, any proposed change in any classification or tariff
17resulting in a change in rates or charges, or the establishment
18of new services and rates therefor for a noncompetitive local
19exchange telecommunications service offered or provided by a
20local exchange telecommunications carrier with no more than
2135,000 subscriber access lines. Proposed changes in rates,
22charges, classifications, or tariffs meeting these criteria
23shall be permitted upon the filing of the proposed tariff and
2430 days notice to the Commission and all potentially affected
25customers. The proposed changes shall not be subject to

 

 

10000HB1811sam003- 181 -LRB100 08000 SLF 27779 a

1suspension. The Commission shall investigate whether any
2proposed change is just and reasonable only if a
3telecommunications carrier that is a customer of the local
4exchange telecommunications carrier or 10% of the potentially
5affected access line subscribers of the local exchange
6telecommunications carrier shall file a petition or complaint
7requesting an investigation of the proposed changes. When the
8telecommunications carrier or 10% of the potentially affected
9access line subscribers of a local exchange telecommunications
10carrier file a complaint, the Commission shall, after notice
11and hearing, have the power and duty to establish the rates,
12charges, classifications, or tariffs it finds to be just and
13reasonable.
14    (b) Subsection (c) of Section 13-502 and Sections 13-505.1,
1513-505.4, 13-505.6, and 13-507 of this Article do not apply to
16rates or charges or proposed changes in rates or charges for
17applicable competitive or interexchange services when offered
18or provided by a local exchange telecommunications carrier with
19no more than 35,000 subscriber access lines. In addition,
20Sections 13-514, 13-515, and 13-516 do not apply to
21telecommunications carriers with no more than 35,000
22subscriber access lines. The Commission may require
23telecommunications carriers with no more than 35,000
24subscriber access lines to furnish information that the
25Commission deems necessary for a determination that rates and
26charges for any competitive telecommunications service are

 

 

10000HB1811sam003- 182 -LRB100 08000 SLF 27779 a

1just and reasonable.
2    (c) For a local exchange telecommunications carrier with no
3more than 35,000 access lines, the Commission shall consider
4and adjust, as appropriate, a local exchange
5telecommunications carrier's depreciation rates only in
6ratemaking proceedings.
7    (d) Article VI and Sections 7-101 and 7-102 of Article VII
8of this Act pertaining to public utilities, public utility
9rates and services, and the regulation thereof are not
10applicable to local exchange telecommunication carriers with
11no more than 35,000 subscriber access lines.
12(Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.)
 
13    (220 ILCS 5/13-505)  (from Ch. 111 2/3, par. 13-505)
14    Sec. 13-505. Rate changes; competitive services. Any
15proposed increase or decrease in rates or charges, or proposed
16change in any classification, written service offering, or
17tariff resulting in an increase or decrease in rates or
18charges, for a competitive telecommunications service shall be
19permitted upon the filing with the Commission or posting on the
20telecommunications carrier's website of the proposed rate,
21charge, classification, written service offering, or tariff
22pursuant to Section 13-501 of this Act. Notice of an increase
23shall be given, no later than the prior billing cycle, to all
24potentially affected customers by mail or equivalent means of
25notice, including electronic if the customer has elected

 

 

10000HB1811sam003- 183 -LRB100 08000 SLF 27779 a

1electronic billing. Additional notice by publication in a
2newspaper of general circulation may also be given.
3(Source: P.A. 98-45, eff. 6-28-13.)
 
4    (220 ILCS 5/13-505.2)  (from Ch. 111 2/3, par. 13-505.2)
5    Sec. 13-505.2. Nondiscrimination in the provision of
6noncompetitive services. A telecommunications carrier that
7offers both noncompetitive and competitive services shall
8offer the noncompetitive services under the same rates, terms,
9and conditions without unreasonable discrimination to all
10persons, including all telecommunications carriers and
11competitors. A telecommunications carrier that offers a
12noncompetitive service together with any optional feature or
13functionality shall offer the noncompetitive service together
14with each optional feature or functionality under the same
15rates, terms, and conditions without unreasonable
16discrimination to all persons, including all
17telecommunications carriers and competitors.
18(Source: P.A. 87-856.)
 
19    (220 ILCS 5/13-505.3)  (from Ch. 111 2/3, par. 13-505.3)
20    Sec. 13-505.3. Services for resale. A telecommunications
21carrier that offers both noncompetitive and competitive
22services shall offer all noncompetitive services, together
23with each applicable optional feature or functionality,
24subject to resale; however, the Commission may determine under

 

 

10000HB1811sam003- 184 -LRB100 08000 SLF 27779 a

1Article IX of this Act that certain noncompetitive services,
2together with each applicable optional feature or
3functionality, that are offered to residence customers under
4different rates, charges, terms, or conditions than to other
5customers should not be subject to resale under the rates,
6charges, terms, or conditions available only to residence
7customers.
8(Source: P.A. 87-856.)
 
9    (220 ILCS 5/13-505.4)  (from Ch. 111 2/3, par. 13-505.4)
10    Sec. 13-505.4. Provision of noncompetitive services.
11    (a) A telecommunications carrier that offers or provides a
12noncompetitive service, service element, feature, or
13functionality on a separate, stand-alone basis to any customer
14shall provide that service, service element, feature, or
15functionality pursuant to tariff to all persons, including all
16telecommunications carriers and competitors, in accordance
17with the provisions of this Article.
18    (b) A telecommunications carrier that offers or provides a
19noncompetitive service, service element, feature, or
20functionality to any customer as part of an offering of
21competitive services pursuant to tariff or contract shall
22publicly disclose the offering or provisioning of the
23noncompetitive service, service element, feature, or
24functionality by filing with the Commission information that
25generally describes the offering or provisioning and that shows

 

 

10000HB1811sam003- 185 -LRB100 08000 SLF 27779 a

1the rates, terms, and conditions of the noncompetitive service,
2service element, feature, or functionality. The information
3shall be filed with the Commission concurrently with the filing
4of the tariff or not more than 10 days following the customer's
5acceptance of the offering in a contract.
6    (c) A telecommunications carrier that is not subject to
7regulation under an alternative regulation plan pursuant to
8Section 13-506.1 of this Act may reduce the rate or charge for
9a noncompetitive service, service element, feature, or
10functionality offered to customers on a separate, stand-alone
11basis or as part of a bundled service offering by filing with
12the Commission a tariff that shows the reduced rate or charge
13and all applicable terms and conditions of the noncompetitive
14service, service element, feature, or functionality or bundled
15offering. The reduction of rates or charges shall be permitted
16upon the filing of the proposed rate, charge, classification,
17tariff, or bundled offering. The total price of a bundled
18offering shall not attribute any portion of the charge to
19services subject to the jurisdiction of the Commission and
20shall not be binding on the Commission in any proceeding under
21Article IX of this Act to set the revenue requirement or to set
22just and reasonable rates for services subject to the
23jurisdiction of the Commission. Prices for bundles shall not be
24subject to Section 13-505.1 of this Act. For purposes of this
25subsection (c), a bundle is a group of services offered
26together for a fixed price where at least one of the services

 

 

10000HB1811sam003- 186 -LRB100 08000 SLF 27779 a

1is an interLATA service as that term is defined in 47 U.S.C.
2153(21), a cable service or a video service, a community
3antenna television service, a satellite broadcast service, a
4public mobile service as defined in Section 13-214 of this Act,
5or an advanced telecommunications service as "advanced
6telecommunications services" is defined in Section 13-517 of
7this Act.
8(Source: P.A. 95-9, eff. 6-30-07.)
 
9    (220 ILCS 5/13-505.5)  (from Ch. 111 2/3, par. 13-505.5)
10    Sec. 13-505.5. Requests for new noncompetitive services.
11Any party may petition the Commission to request the provision
12of a noncompetitive service not currently provided by a local
13exchange carrier within its service territory. The Commission
14shall grant the petition, provided that it can be demonstrated
15that the provisioning of the requested service is technically
16and economically practicable considering demand for the
17service, and absent a finding that provision of the service is
18otherwise contrary to the public interest. The Commission shall
19render its decision within 180 days after the filing of the
20petition unless extension of the time period is agreed to by
21all the parties to the proceeding.
22(Source: P.A. 87-856.)
 
23    (220 ILCS 5/13-505.6)  (from Ch. 111 2/3, par. 13-505.6)
24    Sec. 13-505.6. Unbundling of noncompetitive services. A

 

 

10000HB1811sam003- 187 -LRB100 08000 SLF 27779 a

1telecommunications carrier that provides both noncompetitive
2and competitive telecommunications services shall provide all
3noncompetitive telecommunications services on an unbundled
4basis to the same extent the Federal Communications Commission
5requires that carrier to unbundle the same services provided
6under its jurisdiction. The Illinois Commerce Commission may
7require additional unbundling of noncompetitive
8telecommunications services over which it has jurisdiction
9based on a determination, after notice and hearing, that
10additional unbundling is in the public interest and is
11consistent with the policy goals and other provisions of this
12Act.
13(Source: P.A. 87-856.)
 
14    (220 ILCS 5/13-506.1)  (from Ch. 111 2/3, par. 13-506.1)
15    Sec. 13-506.1. Alternative forms of regulation for
16noncompetitive services.
17    (a) Notwithstanding any of the ratemaking provisions of
18this Article or Article IX that are deemed to require rate of
19return regulation, the Commission may implement alternative
20forms of regulation in order to establish just and reasonable
21rates for noncompetitive telecommunications services
22including, but not limited to, price regulation, earnings
23sharing, rate moratoria, or a network modernization plan. The
24Commission is authorized to adopt different forms of regulation
25to fit the particular characteristics of different

 

 

10000HB1811sam003- 188 -LRB100 08000 SLF 27779 a

1telecommunications carriers and their service areas.
2    In addition to the public policy goals declared in Section
313-103, the Commission shall consider, in determining the
4appropriateness of any alternative form of regulation, whether
5it will:
6        (1) reduce regulatory delay and costs over time;
7        (2) encourage innovation in services;
8        (3) promote efficiency;
9        (4) facilitate the broad dissemination of technical
10    improvements to all classes of ratepayers;
11        (5) enhance economic development of the State; and
12        (6) provide for fair, just, and reasonable rates.
13    (b) A telecommunications carrier providing noncompetitive
14telecommunications services may petition the Commission to
15regulate the rates or charges of its noncompetitive services
16under an alternative form of regulation. The
17telecommunications carrier shall submit with its petition its
18plan for an alternative form of regulation. The Commission
19shall review and may modify or reject the carrier's proposed
20plan. The Commission also may initiate consideration of
21alternative forms of regulation for a telecommunications
22carrier on its own motion. The Commission may approve the plan
23or modified plan and authorize its implementation only if it
24finds, after notice and hearing, that the plan or modified plan
25at a minimum:
26        (1) is in the public interest;

 

 

10000HB1811sam003- 189 -LRB100 08000 SLF 27779 a

1        (2) will produce fair, just, and reasonable rates for
2    telecommunications services;
3        (3) responds to changes in technology and the structure
4    of the telecommunications industry that are, in fact,
5    occurring;
6        (4) constitutes a more appropriate form of regulation
7    based on the Commission's overall consideration of the
8    policy goals set forth in Section 13-103 and this Section;
9        (5) specifically identifies how ratepayers will
10    benefit from any efficiency gains, cost savings arising out
11    of the regulatory change, and improvements in productivity
12    due to technological change;
13        (6) will maintain the quality and availability of
14    telecommunications services; and
15        (7) will not unduly or unreasonably prejudice or
16    disadvantage any particular customer class, including
17    telecommunications carriers.
18    (c) An alternative regulation plan approved under this
19Section shall provide, as a condition for Commission approval
20of the plan, that for the first 3 years the plan is in effect,
21basic residence service rates shall be no higher than those
22rates in effect 180 days before the filing of the plan. This
23provision shall not be used as a justification or rationale for
24an increase in basic service rates for any other customer
25class. For purposes of this Section, "basic residence service
26rates" shall mean monthly recurring charges for the

 

 

10000HB1811sam003- 190 -LRB100 08000 SLF 27779 a

1telecommunications carrier's lowest priced primary residence
2network access lines, along with any associated untimed or flat
3rate local usage charges. Nothing in this subsection (c) shall
4preclude the Commission from approving an alternative
5regulation plan that results in rate reductions provided all
6the requirements of subsection (b) are satisfied by the plan.
7    (d) Any alternative form of regulation granted for a
8multi-year period under this Section shall provide for annual
9or more frequent reporting to the Commission to document that
10the requirements of the plan are being properly implemented.
11    (e) Upon petition by the telecommunications carrier or any
12other person or upon its own motion, the Commission may rescind
13its approval of an alternative form of regulation if, after
14notice and hearing, it finds that the conditions set forth in
15subsection (b) of this Section can no longer be satisfied. Any
16person may file a complaint alleging that the rates charged by
17a telecommunications carrier under an alternative form of
18regulation are unfair, unjust, unreasonable, unduly
19discriminatory, or are otherwise not consistent with the
20requirements of this Article; provided, that the complainant
21shall bear the burden of proving the allegations in the
22complaint.
23    (f) Nothing in this Section shall be construed to authorize
24the Commission to render Sections 9-241, 9-250, and 13-505.2
25inapplicable to noncompetitive services.
26(Source: P.A. 87-856.)
 

 

 

10000HB1811sam003- 191 -LRB100 08000 SLF 27779 a

1    (220 ILCS 5/13-506.2)
2    Sec. 13-506.2. Market regulation for competitive retail
3services.
4    (a) Definitions. As used in this Section:
5        (1) "Electing Provider" means a telecommunications
6    carrier that is subject to either rate regulation pursuant
7    to Section 13-504 or Section 13-505 or alternative
8    regulation pursuant to Section 13-506.1 and that elects to
9    have the rates, terms, and conditions of its competitive
10    retail telecommunications services solely determined and
11    regulated pursuant to the terms of this Article.
12        (2) "Basic local exchange service" means either a
13    stand-alone residence network access line and per-call
14    usage or, for any geographic area in which such stand-alone
15    service is not offered, a stand-alone flat rate residence
16    network access line for which local calls are not charged
17    for frequency or duration. Extended Area Service shall be
18    included in basic local exchange service.
19        (3) "Existing customer" means a residential customer
20    who was subscribing to one of the optional packages
21    described in subsection (d) of this Section as of the
22    effective date of this amendatory Act of the 99th General
23    Assembly. A customer who was subscribing to one of the
24    optional packages on that date but stops subscribing
25    thereafter shall not be considered an "existing customer"

 

 

10000HB1811sam003- 192 -LRB100 08000 SLF 27779 a

1    as of the date the customer stopped subscribing to the
2    optional package, unless the stoppage is temporary and
3    caused by the customer changing service address locations,
4    or unless the customer resumes subscribing and is eligible
5    to receive discounts on monthly telephone service under the
6    federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
7        (4) "New customer" means a residential customer who was
8    not subscribing to one of the optional packages described
9    in subsection (d) of this Section as of the effective date
10    of this amendatory Act of the 99th General Assembly and who
11    is eligible to receive discounts on monthly telephone
12    service under the federal Lifeline program, 47 C.F.R. Part
13    54, Subpart E.
14    (b) Election for market regulation. Notwithstanding any
15other provision of this Act, an Electing Provider may elect to
16have the rates, terms, and conditions of its competitive retail
17telecommunications services solely determined and regulated
18pursuant to the terms of this Section by filing written notice
19of its election for market regulation with the Commission. The
20notice of election shall designate the geographic area of the
21Electing Provider's service territory where the market
22regulation shall apply, either on a state-wide basis or in one
23or more specified Market Service Areas ("MSA") or Exchange
24areas. An Electing Provider shall not make an election for
25market regulation under this Section unless it commits in its
26written notice of election for market regulation to fulfill the

 

 

10000HB1811sam003- 193 -LRB100 08000 SLF 27779 a

1conditions and requirements in this Section in each geographic
2area in which market regulation is elected. Immediately upon
3filing the notice of election for market regulation, the
4Electing Provider shall be subject to the jurisdiction of the
5Commission to the extent expressly provided in this Section.
6    (c) Competitive classification. Market regulation shall be
7available for competitive retail telecommunications services
8as provided in this subsection.
9        (1) For geographic areas in which telecommunications
10    services provided by the Electing Provider were classified
11    as competitive either through legislative action or a
12    tariff filing pursuant to Section 13-502 prior to January
13    1, 2010, and that are included in the Electing Provider's
14    notice of election pursuant to subsection (b) of this
15    Section, such services, and all recurring and nonrecurring
16    charges associated with, related to or used in connection
17    with such services, shall be classified as competitive
18    without further Commission review. For services classified
19    as competitive pursuant to this subsection, the
20    requirements or conditions in any order or decision
21    rendered by the Commission pursuant to Section 13-502 prior
22    to the effective date of this amendatory Act of the 96th
23    General Assembly, except for the commitments made by the
24    Electing Provider in such order or decision concerning the
25    optional packages required in subsection (d) of this
26    Section and basic local exchange service as defined in this

 

 

10000HB1811sam003- 194 -LRB100 08000 SLF 27779 a

1    Section, shall no longer be in effect and no Commission
2    investigation, review, or proceeding under Section 13-502
3    shall be continued, conducted, or maintained with respect
4    to such services, charges, requirements, or conditions. If
5    an Electing Provider has ceased providing optional
6    packages to customers pursuant to subdivision (d)(8) of
7    this Section, the commitments made by the Electing Provider
8    in such order or decision concerning the optional packages
9    under subsection (d) of this Section shall no longer be in
10    effect and no Commission investigation, review, or
11    proceeding under Section 13-502 shall be continued,
12    conducted, or maintained with respect to such packages.
13        (2) For those geographic areas in which residential
14    local exchange telecommunications services have not been
15    classified as competitive as of the effective date of this
16    amendatory Act of the 96th General Assembly, all
17    telecommunications services provided to residential and
18    business end users by an Electing Provider in the
19    geographic area that is included in its notice of election
20    pursuant to subsection (b) shall be classified as
21    competitive for purposes of this Article without further
22    Commission review.
23        (3) If an Electing Provider was previously subject to
24    alternative regulation pursuant to Section 13-506.1 of
25    this Article, the alternative regulation plan shall
26    terminate in whole for all services subject to that plan

 

 

10000HB1811sam003- 195 -LRB100 08000 SLF 27779 a

1    and be of no force or effect, without further Commission
2    review or action, when the Electing Provider's residential
3    local exchange telecommunications service in each MSA in
4    its telecommunications service area in the State has been
5    classified as competitive pursuant to either subdivision
6    (c)(1) or (c)(2) of this Section.
7        (4) The service packages described in Section 13-518
8    shall be classified as competitive for purposes of this
9    Section if offered by an Electing Provider in a geographic
10    area in which local exchange telecommunications service
11    has been classified as competitive pursuant to either
12    subdivision (c)(1) or (c)(2) of this Section.
13        (5) Where a service, or its functional equivalent, or a
14    substitute service offered by a carrier that is not an
15    Electing Provider or the incumbent local exchange carrier
16    for that area is also being offered by an Electing Provider
17    for some identifiable class or group of customers in an
18    exchange, group of exchanges, or some other clearly defined
19    geographical area, the service offered by a carrier that is
20    not an Electing Provider or the incumbent local exchange
21    carrier for that area shall be classified as competitive
22    without further Commission review.
23        (6) Notwithstanding any other provision of this Act,
24    retail telecommunications services classified as
25    competitive pursuant to Section 13-502 or subdivision
26    (c)(5) of this Section shall have their rates, terms, and

 

 

10000HB1811sam003- 196 -LRB100 08000 SLF 27779 a

1    conditions solely determined and regulated pursuant to the
2    terms of this Section in the same manner and to the same
3    extent as the competitive retail telecommunications
4    services of an Electing Provider, except that subsections
5    (d), (g), and (j) of this Section shall not apply to a
6    carrier that is not an Electing Provider or to the
7    competitive telecommunications services of a carrier that
8    is not an Electing Provider. The access services of a
9    carrier that is not an Electing Provider shall remain
10    subject to Section 13-900.2. The requirements in
11    subdivision (e)(3) of this Section shall not apply to
12    retail telecommunications services classified as
13    competitive pursuant to Section 13-502 or subdivision
14    (c)(5) of this Section, except that, upon request from the
15    Commission, the telecommunications carrier providing
16    competitive retail telecommunications services shall
17    provide a report showing the number of credits and
18    exemptions for the requested time period.
19    (d) Consumer choice safe harbor options.
20        (1) Subject to subdivision (d)(8) of this Section, an
21    Electing Provider in each of the MSA or Exchange areas
22    classified as competitive pursuant to subdivision (c)(1)
23    or (c)(2) of this Section shall offer to all residential
24    customers who choose to subscribe the following optional
25    packages of services priced at the same rate levels in
26    effect on January 1, 2010:

 

 

10000HB1811sam003- 197 -LRB100 08000 SLF 27779 a

1            (A) A basic package, which shall consist of a
2        stand-alone residential network access line and 30
3        local calls. If the Electing Provider offers a
4        stand-alone residential access line and local usage on
5        a per call basis, the price for the basic package shall
6        be the Electing Provider's applicable price in effect
7        on January 1, 2010 for the sum of a residential access
8        line and 30 local calls, additional calls over 30 calls
9        shall be provided at the current per call rate.
10        However, this basic package is not required if
11        stand-alone residential network access lines or
12        per-call local usage are not offered by the Electing
13        Provider in the geographic area on January 1, 2010 or
14        if the Electing Provider has not increased its
15        stand-alone network access line and local usage rates,
16        including Extended Area Service rates, since January
17        1, 2010.
18            (B) An extra package, which shall consist of
19        residential basic local exchange network access line
20        and unlimited local calls. The price for the extra
21        package shall be the Electing Provider's applicable
22        price in effect on January 1, 2010 for a residential
23        access line with unlimited local calls.
24            (C) A plus package, which shall consist of
25        residential basic local exchange network access line,
26        unlimited local calls, and the customer's choice of 2

 

 

10000HB1811sam003- 198 -LRB100 08000 SLF 27779 a

1        vertical services offered by the Electing Provider.
2        The term "vertical services" as used in this
3        subsection, includes, but is not limited to, call
4        waiting, call forwarding, 3-way calling, caller ID,
5        call tracing, automatic callback, repeat dialing, and
6        voicemail. The price for the plus package shall be the
7        Electing Provider's applicable price in effect on
8        January 1, 2010 for the sum of a residential access
9        line with unlimited local calls and 2 times the average
10        price for the vertical features included in the
11        package.
12        (2) Subject to subdivision (d)(8) of this Section, for
13    those geographic areas in which local exchange
14    telecommunications services were classified as competitive
15    on the effective date of this amendatory Act of the 96th
16    General Assembly, an Electing Provider in each such MSA or
17    Exchange area shall be subject to the same terms and
18    conditions as provided in commitments made by the Electing
19    Provider in connection with such previous competitive
20    classifications, which shall apply with equal force under
21    this Section, except as follows: (i) the limits on price
22    increases on the optional packages required by this Section
23    shall be extended consistent with subsection (d)(1) of this
24    Section and (ii) the price for the extra package required
25    by subsection (d)(1)(B) shall be reduced by one dollar from
26    the price in effect on January 1, 2010. In addition, if an

 

 

10000HB1811sam003- 199 -LRB100 08000 SLF 27779 a

1    Electing Provider obtains a competitive classification
2    pursuant to subsection (c)(1) and (c)(2), the price for the
3    optional packages shall be determined in such area in
4    compliance with subsection (d)(1), except the price for the
5    plus package required by subsection (d)(1) (C) shall be the
6    lower of the price for such area or the price of the plus
7    package in effect on January 1, 2010 for areas classified
8    as competitive pursuant to subsection (c)(1).
9        (3) To the extent that the requirements in Section
10    13-518 applied to a telecommunications carrier prior to the
11    effective date of this Section and that telecommunications
12    carrier becomes an Electing Provider in accordance with the
13    provisions of this Section, the requirements in Section
14    13-518 shall cease to apply to that Electing Provider in
15    those geographic areas included in the Electing Provider's
16    notice of election pursuant to subsection (b) of this
17    Section.
18        (4) Subject to subdivision (d)(8) of this Section, an
19    Electing Provider shall make the optional packages
20    required by this subsection and stand-alone residential
21    network access lines and local usage, where offered,
22    readily available to the public by providing information,
23    in a clear manner, to residential customers. Information
24    shall be made available on a website, and an Electing
25    Provider shall provide notification to its customers every
26    6 months, provided that notification may consist of a bill

 

 

10000HB1811sam003- 200 -LRB100 08000 SLF 27779 a

1    page message that provides an objective description of the
2    safe harbor options that includes a telephone number and
3    website address where the customer may obtain additional
4    information about the packages from the Electing Provider.
5    The optional packages shall be offered on a monthly basis
6    with no term of service requirement. An Electing Provider
7    shall allow online electronic ordering of the optional
8    packages and stand-alone residential network access lines
9    and local usage, where offered, on its website in a manner
10    similar to the online electronic ordering of its other
11    residential services.
12        (5) Subject to subdivision (d)(8) of this Section, an
13    Electing Provider shall comply with the Commission's
14    existing rules, regulations, and notices in Title 83, Part
15    735 of the Illinois Administrative Code when offering or
16    providing the optional packages required by this
17    subsection (d) and stand-alone residential network access
18    lines.
19        (6) Subject to subdivision (d)(8) of this Section, an
20    Electing Provider shall provide to the Commission
21    semi-annual subscribership reports as of June 30 and
22    December 31 that contain the number of its customers
23    subscribing to each of the consumer choice safe harbor
24    packages required by subsection (d)(1) of this Section and
25    the number of its customers subscribing to retail
26    residential basic local exchange service as defined in

 

 

10000HB1811sam003- 201 -LRB100 08000 SLF 27779 a

1    subsection (a)(2) of this Section. The first semi-annual
2    reports shall be made on April 1, 2011 for December 31,
3    2010, and on September 1, 2011 for June 30, 2011, and
4    semi-annually on April 1 and September 1 thereafter. Such
5    subscribership information shall be accorded confidential
6    and proprietary treatment upon request by the Electing
7    Provider.
8        (7) The Commission shall have the power, after notice
9    and hearing as provided in this Article, upon complaint or
10    upon its own motion, to take corrective action if the
11    requirements of this Section are not complied with by an
12    Electing Provider.
13        (8) On and after the effective date of this amendatory
14    Act of the 99th General Assembly, an Electing Provider
15    shall continue to offer and provide the optional packages
16    described in this subsection (d) to existing customers and
17    new customers. On and after July 1, 2017, an Electing
18    Provider may immediately stop offering the optional
19    packages described in this subsection (d) and, upon
20    providing two notices to affected customers and to the
21    Commission, may stop providing the optional packages
22    described in this subsection (d) to all customers who
23    subscribe to one of the optional packages. The first notice
24    shall be provided at least 90 days before the date upon
25    which the Electing Provider intends to stop providing the
26    optional packages, and the second notice must be provided

 

 

10000HB1811sam003- 202 -LRB100 08000 SLF 27779 a

1    at least 30 days before that date. The first notice shall
2    not be provided prior to July 1, 2017. Each notice must
3    identify the date on which the Electing Provider intends to
4    stop providing the optional packages, at least one
5    alternative service available to the customer, and a
6    telephone number by which the customer may contact a
7    service representative of the Electing Provider. After
8    July 1, 2017 with respect to new customers, and upon the
9    expiration of the second notice period with respect to
10    customers who were subscribing to one of the optional
11    packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
12    (d)(6), and (d)(7) of this Section shall not apply to the
13    Electing Provider. Notwithstanding any other provision of
14    this Article, an Electing Provider that has ceased
15    providing the optional packages under this subdivision
16    (d)(8) is not subject to Section 13-301(1)(c) of this Act.
17    Notwithstanding any other provision of this Act, and
18    subject to subdivision (d)(7) of this Section, the
19    Commission's authority over the discontinuance of the
20    optional packages described in this subsection (d) by an
21    Electing Provider shall be governed solely by this
22    subsection (d)(8).
23    (e) Service quality and customer credits for basic local
24exchange service.
25        (1) An Electing Provider shall meet the following
26    service quality standards in providing basic local

 

 

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1    exchange service, which for purposes of this subsection
2    (e), includes both basic local exchange service and any
3    consumer choice safe harbor options that may be required by
4    subsection (d) of this Section.
5            (A) Install basic local exchange service within 5
6        business days after receipt of an order from the
7        customer unless the customer requests an installation
8        date that is beyond 5 business days after placing the
9        order for basic service and to inform the customer of
10        the Electing Provider's duty to install service within
11        this timeframe. If installation of service is
12        requested on or by a date more than 5 business days in
13        the future, the Electing Provider shall install
14        service by the date requested.
15            (B) Restore basic local exchange service for the
16        customer within 30 hours after receiving notice that
17        the customer is out of service.
18            (C) Keep all repair and installation appointments
19        for basic local exchange service if a customer premises
20        visit requires a customer to be present. The
21        appointment window shall be either a specific time or,
22        at a maximum, a 4-hour time block during evening,
23        weekend, and normal business hours.
24            (D) Inform a customer when a repair or installation
25        appointment requires the customer to be present.
26        (2) Customers shall be credited by the Electing

 

 

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1    Provider for violations of basic local exchange service
2    quality standards described in subdivision (e)(1) of this
3    Section. The credits shall be applied automatically on the
4    statement issued to the customer for the next monthly
5    billing cycle following the violation or following the
6    discovery of the violation. The next monthly billing cycle
7    following the violation or the discovery of the violation
8    means the billing cycle immediately following the billing
9    cycle in process at the time of the violation or discovery
10    of the violation, provided the total time between the
11    violation or discovery of the violation and the issuance of
12    the credit shall not exceed 60 calendar days. The Electing
13    Provider is responsible for providing the credits and the
14    customer is under no obligation to request such credits.
15    The following credits shall apply:
16            (A) If an Electing Provider fails to repair an
17        out-of-service condition for basic local exchange
18        service within 30 hours, the Electing Provider shall
19        provide a credit to the customer. If the service
20        disruption is for more than 30 hours, but not more than
21        48 hours, the credit must be equal to a pro-rata
22        portion of the monthly recurring charges for all basic
23        local exchange services disrupted. If the service
24        disruption is for more than 48 hours, but not more than
25        72 hours, the credit must be equal to at least 33% of
26        one month's recurring charges for all local services

 

 

10000HB1811sam003- 205 -LRB100 08000 SLF 27779 a

1        disrupted. If the service disruption is for more than
2        72 hours, but not more than 96 hours, the credit must
3        be equal to at least 67% of one month's recurring
4        charges for all basic local exchange services
5        disrupted. If the service disruption is for more than
6        96 hours, but not more than 120 hours, the credit must
7        be equal to one month's recurring charges for all basic
8        local exchange services disrupted. For each day or
9        portion thereof that the service disruption continues
10        beyond the initial 120-hour period, the Electing
11        Provider shall also provide an additional credit of $20
12        per calendar day.
13            (B) If an Electing Provider fails to install basic
14        local exchange service as required under subdivision
15        (e)(1) of this Section, the Electing Provider shall
16        waive 50% of any installation charges, or in the
17        absence of an installation charge or where
18        installation is pursuant to the Link Up program, the
19        Electing Provider shall provide a credit of $25. If an
20        Electing Provider fails to install service within 10
21        business days after the service application is placed,
22        or fails to install service within 5 business days
23        after the customer's requested installation date, if
24        the requested date was more than 5 business days after
25        the date of the order, the Electing Provider shall
26        waive 100% of the installation charge, or in the

 

 

10000HB1811sam003- 206 -LRB100 08000 SLF 27779 a

1        absence of an installation charge or where
2        installation is provided pursuant to the Link Up
3        program, the Electing Provider shall provide a credit
4        of $50. For each day that the failure to install
5        service continues beyond the initial 10 business days,
6        or beyond 5 business days after the customer's
7        requested installation date, if the requested date was
8        more than 5 business days after the date of the order,
9        the Electing Provider shall also provide an additional
10        credit of $20 per calendar day until the basic local
11        exchange service is installed.
12            (C) If an Electing Provider fails to keep a
13        scheduled repair or installation appointment when a
14        customer premises visit requires a customer to be
15        present as required under subdivision (e)(1) of this
16        Section, the Electing Provider shall credit the
17        customer $25 per missed appointment. A credit required
18        by this subdivision does not apply when the Electing
19        Provider provides the customer notice of its inability
20        to keep the appointment no later than 8:00 pm of the
21        day prior to the scheduled date of the appointment.
22            (D) Credits required by this subsection do not
23        apply if the violation of a service quality standard:
24                (i) occurs as a result of a negligent or
25            willful act on the part of the customer;
26                (ii) occurs as a result of a malfunction of

 

 

10000HB1811sam003- 207 -LRB100 08000 SLF 27779 a

1            customer-owned telephone equipment or inside
2            wiring;
3                (iii) occurs as a result of, or is extended by,
4            an emergency situation as defined in 83 Ill. Adm.
5            Code 732.10;
6                (iv) is extended by the Electing Provider's
7            inability to gain access to the customer's
8            premises due to the customer missing an
9            appointment, provided that the violation is not
10            further extended by the Electing Provider;
11                (v) occurs as a result of a customer request to
12            change the scheduled appointment, provided that
13            the violation is not further extended by the
14            Electing Provider;
15                (vi) occurs as a result of an Electing
16            Provider's right to refuse service to a customer as
17            provided in Commission rules; or
18                (vii) occurs as a result of a lack of
19            facilities where a customer requests service at a
20            geographically remote location, where a customer
21            requests service in a geographic area where the
22            Electing Provider is not currently offering
23            service, or where there are insufficient
24            facilities to meet the customer's request for
25            service, subject to an Electing Provider's
26            obligation for reasonable facilities planning.

 

 

10000HB1811sam003- 208 -LRB100 08000 SLF 27779 a

1        (3) Each Electing Provider shall provide to the
2    Commission on a quarterly basis and in a form suitable for
3    posting on the Commission's website in conformance with the
4    rules adopted by the Commission and in effect on April 1,
5    2010, a public report that includes the following data for
6    basic local exchange service quality of service:
7            (A) With regard to credits due in accordance with
8        subdivision (e)(2)(A) as a result of out-of-service
9        conditions lasting more than 30 hours:
10                (i) the total dollar amount of any customer
11            credits paid;
12                (ii) the number of credits issued for repairs
13            between 30 and 48 hours;
14                (iii) the number of credits issued for repairs
15            between 49 and 72 hours;
16                (iv) the number of credits issued for repairs
17            between 73 and 96 hours;
18                (v) the number of credits used for repairs
19            between 97 and 120 hours;
20                (vi) the number of credits issued for repairs
21            greater than 120 hours; and
22                (vii) the number of exemptions claimed for
23            each of the categories identified in subdivision
24            (e)(2)(D).
25            (B) With regard to credits due in accordance with
26        subdivision (e)(2)(B) as a result of failure to install

 

 

10000HB1811sam003- 209 -LRB100 08000 SLF 27779 a

1        basic local exchange service:
2                (i) the total dollar amount of any customer
3            credits paid;
4                (ii) the number of installations after 5
5            business days;
6                (iii) the number of installations after 10
7            business days;
8                (iv) the number of installations after 11
9            business days; and
10                (v) the number of exemptions claimed for each
11            of the categories identified in subdivision
12            (e)(2)(D).
13            (C) With regard to credits due in accordance with
14        subdivision (e)(2)(C) as a result of missed
15        appointments:
16                (i) the total dollar amount of any customer
17            credits paid;
18                (ii) the number of any customers receiving
19            credits; and
20                (iii) the number of exemptions claimed for
21            each of the categories identified in subdivision
22            (e)(2)(D).
23            (D) The Electing Provider's annual report required
24        by this subsection shall also include, for
25        informational reporting, the performance data
26        described in subdivisions (e)(2)(A), (e)(2)(B), and

 

 

10000HB1811sam003- 210 -LRB100 08000 SLF 27779 a

1        (e)(2)(C), and trouble reports per 100 access lines
2        calculated using the Commission's existing applicable
3        rules and regulations for such measures, including the
4        requirements for service standards established in this
5        Section.
6        (4) It is the intent of the General Assembly that the
7    service quality rules and customer credits in this
8    subsection (e) of this Section and other enforcement
9    mechanisms, including fines and penalties authorized by
10    Section 13-305, shall apply on a nondiscriminatory basis to
11    all Electing Providers. Accordingly, notwithstanding any
12    provision of any service quality rules promulgated by the
13    Commission, any alternative regulation plan adopted by the
14    Commission, or any other order of the Commission, any
15    Electing Provider that is subject to any other order of the
16    Commission and that violates or fails to comply with the
17    service quality standards promulgated pursuant to this
18    subsection (e) or any other order of the Commission shall
19    not be subject to any fines, penalties, customer credits,
20    or enforcement mechanisms other than such fines or
21    penalties or customer credits as may be imposed by the
22    Commission in accordance with the provisions of this
23    subsection (e) and Section 13-305, which are to be
24    generally applicable to all Electing Providers. The amount
25    of any fines or penalties imposed by the Commission for
26    failure to comply with the requirements of this subsection

 

 

10000HB1811sam003- 211 -LRB100 08000 SLF 27779 a

1    (e) shall be an appropriate amount, taking into account, at
2    a minimum, the Electing Provider's gross annual intrastate
3    revenue; the frequency, duration, and recurrence of the
4    violation; and the relative harm caused to the affected
5    customers or other users of the network. In imposing fines
6    and penalties, the Commission shall take into account
7    compensation or credits paid by the Electing Provider to
8    its customers pursuant to this subsection (e) in
9    compensation for any violation found pursuant to this
10    subsection (e), and in any event the fine or penalty shall
11    not exceed an amount equal to the maximum amount of a civil
12    penalty that may be imposed under Section 13-305.
13        (5) An Electing Provider in each of the MSA or Exchange
14    areas classified as competitive pursuant to subsection (c)
15    of this Section shall fulfill the requirements in
16    subdivision (e)(3) of this Section for 3 years after its
17    notice of election becomes effective. After such 3 years,
18    the requirements in subdivision (e)(3) of this Section
19    shall not apply to such Electing Provider, except that,
20    upon request from the Commission, the Electing Provider
21    shall provide a report showing the number of credits and
22    exemptions for the requested time period.
23    (f) Commission jurisdiction over competitive retail
24telecommunications services. Except as otherwise expressly
25stated in this Section, the Commission shall thereafter have no
26jurisdiction or authority over any aspect of competitive retail

 

 

10000HB1811sam003- 212 -LRB100 08000 SLF 27779 a

1telecommunications service of an Electing Provider in those
2geographic areas included in the Electing Provider's notice of
3election pursuant to subsection (b) of this Section or of a
4retail telecommunications service classified as competitive
5pursuant to Section 13-502 or subdivision (c)(5) of this
6Section, heretofore subject to the jurisdiction of the
7Commission, including but not limited to, any requirements of
8this Article related to the terms, conditions, rates, quality
9of service, availability, classification or any other aspect of
10any competitive retail telecommunications services. No
11telecommunications carrier shall commit any unfair or
12deceptive act or practice in connection with any aspect of the
13offering or provision of any competitive retail
14telecommunications service. Nothing in this Article shall
15limit or affect any provisions in the Consumer Fraud and
16Deceptive Business Practices Act with respect to any unfair or
17deceptive act or practice by a telecommunications carrier.
18    (g) Commission authority over access services upon
19election for market regulation.
20        (1) As part of its Notice of Election for Market
21    Regulation, the Electing Provider shall reduce its
22    intrastate switched access rates to rates no higher than
23    its interstate switched access rates in 4 installments. The
24    first reduction must be made 30 days after submission of
25    its complete application for Notice of Election for Market
26    Regulation, and the Electing Provider must reduce its

 

 

10000HB1811sam003- 213 -LRB100 08000 SLF 27779 a

1    intrastate switched access rates by an amount equal to 33%
2    of the difference between its current intrastate switched
3    access rates and its current interstate switched access
4    rates. The second reduction must be made no later than one
5    year after the first reduction, and the Electing Provider
6    must reduce its then current intrastate switched access
7    rates by an amount equal to 41% of the difference between
8    its then current intrastate switched access rates and its
9    then current interstate switched access rates. The third
10    reduction must be made no later than one year after the
11    second reduction, and the Electing Provider must reduce its
12    then current intrastate switched access rates by an amount
13    equal to 50% of the difference between its then current
14    intrastate switched access rate and its then current
15    interstate switched access rates. The fourth reduction
16    must be made on or before June 30, 2013, and the Electing
17    Provider must reduce its intrastate switched access rate to
18    mirror its then current interstate switched access rates
19    and rate structure. Following the fourth reduction, each
20    Electing Provider must continue to set its intrastate
21    switched access rates to mirror its interstate switched
22    access rates and rate structure. For purposes of this
23    subsection, the rate for intrastate switched access
24    service means the composite, per-minute rate for that
25    service, including all applicable fixed and
26    traffic-sensitive charges, including, but not limited to,

 

 

10000HB1811sam003- 214 -LRB100 08000 SLF 27779 a

1    carrier common line charges.
2        (2) Nothing in paragraph (1) of this subsection (g)
3    prohibits an Electing Provider from electing to offer
4    intrastate switched access service at rates lower than its
5    interstate switched access rates.
6        (3) The Commission shall have no authority to order an
7    Electing Provider to set its rates for intrastate switched
8    access at a level lower than its interstate switched access
9    rates.
10        (4) The Commission's authority under this subsection
11    (g) shall only apply to Electing Providers under Market
12    Regulation. The Commission's authority over switched
13    access services for all other carriers is retained under
14    Section 13-900.2 of this Act.
15    (h) Safety of service equipment and facilities.
16        (1) An Electing Provider shall furnish, provide, and
17    maintain such service instrumentalities, equipment, and
18    facilities as shall promote the safety, health, comfort,
19    and convenience of its patrons, employees, and public and
20    as shall be in all respects adequate, reliable, and
21    efficient without discrimination or delay. Every Electing
22    Provider shall provide service and facilities that are in
23    all respects environmentally safe.
24        (2) The Commission is authorized to conduct an
25    investigation of any Electing Provider or part thereof. The
26    investigation may examine the reasonableness, prudence, or