Sen. Sue Rezin

Filed: 3/9/2018

 

 


 

 


 
10000SB3131sam001LRB100 19958 SMS 37261 a

1
AMENDMENT TO SENATE BILL 3131

2    AMENDMENT NO. ______. Amend Senate Bill 3131 on page 5, by
3replacing "and 16-111" with "16-111, and 22-501"; and
 
4on page 220, immediately below line 20, by inserting the
5following:
 
6    "(220 ILCS 5/22-501)
7    Sec. 22-501. Customer service and privacy protection. All
8cable or video providers in this State shall comply with the
9following customer service requirements and privacy
10protections. The provisions of this Act shall not apply to an
11incumbent cable operator prior to January 1, 2008. For purposes
12of this paragraph, an incumbent cable operator means a person
13or entity that provided cable services in a particular area
14under a franchise agreement with a local unit of government
15pursuant to Section 11-42-11 of the Illinois Municipal Code or
16Section 5-1095 of the Counties Code on January 1, 2007. A

 

 

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1master antenna television, satellite master antenna
2television, direct broadcast satellite, multipoint
3distribution service, and other provider of video programming
4shall only be subject to the provisions of this Article to the
5extent permitted by federal law.
6    The following definitions apply to the terms used in this
7Article:
8    "Basic cable or video service" means any service offering
9or tier that includes the retransmission of local television
10broadcast signals.
11    "Cable or video provider" means any person or entity
12providing cable service or video service pursuant to
13authorization under (i) the Cable and Video Competition Law of
142007; (ii) Section 11-42-11 of the Illinois Municipal Code;
15(iii) Section 5-1095 of the Counties Code; or (iv) a master
16antenna television, satellite master antenna television,
17direct broadcast satellite, multipoint distribution services,
18and other providers of video programming, whatever their
19technology. A cable or video provider shall not include a
20landlord providing only broadcast video programming to a
21single-family home or other residential dwelling consisting of
224 units or less.
23    "Franchise" has the same meaning as found in 47 U.S.C.
24522(9).
25    "Local unit of government" means a city, village,
26incorporated town, or a county.

 

 

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1    "Normal business hours" means those hours during which most
2similar businesses in the geographic area of the local unit of
3government are open to serve customers. In all cases, "normal
4business hours" must include some evening hours at least one
5night per week or some weekend hours.
6    "Normal operating conditions" means those service
7conditions that are within the control of cable or video
8providers. Those conditions that are not within the control of
9cable or video providers include, but are not limited to,
10natural disasters, civil disturbances, power outages,
11telephone network outages, and severe or unusual weather
12conditions. Those conditions that are ordinarily within the
13control of cable or video providers include, but are not
14limited to, special promotions, pay-per-view events, rate
15increases, regular peak or seasonal demand periods, and
16maintenance or upgrade of the cable service or video service
17network.
18    "Service interruption" means the loss of picture or sound
19on one or more cable service or video service on one or more
20cable or video channels.
21    "Service line drop" means the point of connection between a
22premises and the cable or video network that enables the
23premises to receive cable service or video service.
24    (a) General customer service standards:
25        (1) Cable or video providers shall establish general
26    standards related to customer service, which shall

 

 

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1    include, but not be limited to, installation,
2    disconnection, service and repair obligations; appointment
3    hours and employee ID requirements; customer service
4    telephone numbers and hours; procedures for billing,
5    charges, deposits, refunds, and credits; procedures for
6    termination of service; notice of deletion of programming
7    service; changes related to transmission of programming;
8    changes or increases in rates; the use and availability of
9    parental control or lock-out devices; the use and
10    availability of an A/B switch if applicable; complaint
11    procedures and procedures for bill dispute resolution; a
12    description of the rights and remedies available to
13    consumers if the cable or video provider does not
14    materially meet its customer service standards; and
15    special services for customers with visual, hearing, or
16    mobility disabilities.
17        (2) Cable or video providers' rates for each level of
18    service, rules, regulations, and policies related to its
19    cable service or video service described in paragraph (1)
20    of this subsection (a) must be made available to the public
21    and displayed clearly and conspicuously on the cable or
22    video provider's site on the Internet. If a promotional
23    price or a price for a specified period of time is offered,
24    the cable or video provider shall display the price at the
25    end of the promotional period or specified period of time
26    clearly and conspicuously with the display of the

 

 

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1    promotional price or price for a specified period of time.
2    The cable or video provider shall provide this information
3    upon request.
4        (3) Cable or video providers shall provide notice
5    concerning their general customer service standards to all
6    customers. This notice shall be offered when service is
7    first activated and upon request thereafter. The
8    information in the notice shall also be available on the
9    cable or video providers' websites and shall include all of
10    the information specified in paragraph (1) of this
11    subsection (a), as well as the following: a listing of
12    services offered by the cable or video providers, which
13    shall clearly describe programming for all services and all
14    levels of service; the rates for all services and levels of
15    service; a telephone number through which customers may
16    subscribe to, change, or terminate service, request
17    customer service, or seek general or billing information;
18    instructions on the use of the cable or video services; and
19    a description of rights and remedies that the cable or
20    video providers shall make available to their customers if
21    they do not materially meet the general customer service
22    standards described in this Act.
23    (b) General customer service obligations:
24        (1) Cable or video providers shall render reasonably
25    efficient service, promptly make repairs, and interrupt
26    service only as necessary and for good cause, during

 

 

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1    periods of minimum use of the system and for no more than
2    24 hours.
3        (2) All service representatives or any other person who
4    contacts customers or potential customers on behalf of the
5    cable or video provider shall have a visible identification
6    card with their name and photograph and shall orally
7    identify themselves upon first contact with the customer.
8    Customer service representatives shall orally identify
9    themselves to callers immediately following the greeting
10    during each telephone contact with the public.
11        (3) The cable or video providers shall: (i) maintain a
12    customer service facility within the boundaries of a local
13    unit of government staffed by customer service
14    representatives that have the capacity to accept payment,
15    adjust bills, and respond to repair, installation,
16    reconnection, disconnection, or other service calls and
17    distribute or receive converter boxes, remote control
18    units, digital stereo units, or other equipment related to
19    the provision of cable or video service; (ii) provide
20    customers with bill payment facilities through retail,
21    financial, or other commercial institutions located within
22    the boundaries of a local unit of government; (iii) provide
23    an address, toll-free telephone number or electronic
24    address to accept bill payments and correspondence and
25    provide secure collection boxes for the receipt of bill
26    payments and the return of equipment, provided that if a

 

 

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1    cable or video provider provides secure collection boxes,
2    it shall provide a printed receipt when items are
3    deposited; or (iv) provide an address, toll-free telephone
4    number, or electronic address to accept bill payments and
5    correspondence and provide a method for customers to return
6    equipment to the cable or video provider at no cost to the
7    customer.
8        (4) In each contact with a customer, the service
9    representatives or any other person who contacts customers
10    or potential customers on behalf of the cable or video
11    provider shall state the estimated cost of the service,
12    repair, or installation orally prior to delivery of the
13    service or before any work is performed, shall provide the
14    customer with an oral statement of the total charges before
15    terminating the telephone call or other contact in which a
16    service is ordered, whether in-person or over the Internet,
17    and shall provide a written statement of the total charges
18    before leaving the location at which the work was
19    performed. In the event that the cost of service is a
20    promotional price or is for a limited period of time, the
21    cost of service at the end of the promotion or limited
22    period of time shall be disclosed.
23        (5) Cable or video providers shall provide customers a
24    minimum of 30 days' written notice before increasing rates
25    or eliminating transmission of programming and shall
26    submit the notice of any rate increase to the local unit of

 

 

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1    government in advance of distribution to customers,
2    provided that the cable or video provider is not in
3    violation of this provision if the elimination of
4    transmission of programming was outside the control of the
5    provider, in which case the provider shall use reasonable
6    efforts to provide as much notice as possible, and any rate
7    decrease related to the elimination of transmission of
8    programming shall be applied to the date of the change.
9        (6) Cable or video providers shall provide clear visual
10    and audio reception that meets or exceeds applicable
11    Federal Communications Commission technical standards. If
12    a customer experiences poor video or audio reception due to
13    the equipment of the cable or video provider, the cable or
14    video provider shall promptly repair the problem at its own
15    expense.
16    (c) Bills, payment, and termination:
17        (1) Cable or video providers shall render monthly bills
18    that are clear, accurate, and understandable.
19        (2) Every residential customer who pays bills directly
20    to the cable or video provider shall have at least 24 28
21    days from the date of the bill to pay the listed charges.
22        (3) Customer payments shall be posted promptly. When
23    the payment is sent by United States mail, payment is
24    considered paid on the date it is postmarked.
25        (4) Cable or video providers may not terminate
26    residential service for nonpayment of a bill unless the

 

 

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1    cable or video provider furnishes notice of the delinquency
2    and impending termination at least 15 days prior to the
3    proposed termination. Notice of proposed termination shall
4    be mailed, postage prepaid, to the customer to whom service
5    is billed. Notice of proposed termination shall not be
6    mailed until the 24th day after the date of the bill for
7    services. Notice of delinquency and impending termination
8    may be part of a billing statement only if the notice is
9    designed to be conspicuous. The cable or video providers
10    may not assess a late fee prior to the 24th day after the
11    date of the bill for service.
12        (5) Every notice of impending termination shall
13    include all of the following: the name and address of
14    customer; the amount of the delinquency; the date on which
15    payment is required to avoid termination; and the telephone
16    number of the cable or video provider's service
17    representative to make payment arrangements and to provide
18    additional information about the charges for failure to
19    return equipment and for reconnection, if any.
20        (6) Service may only be terminated on days when the
21    customer is able to reach a service representative of the
22    cable or video providers, either in person or by telephone.
23        (7) Any service terminated by a cable or video provider
24    without good cause shall be restored without any
25    reconnection fee, charge, or penalty; good cause for
26    termination includes, but is not limited to, failure to pay

 

 

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1    a bill by the date specified in the notice of impending
2    termination, payment by check for which there are
3    insufficient funds, theft of service, abuse of equipment or
4    personnel, or other similar subscriber actions.
5        (8) Cable or video providers shall cease charging a
6    customer for any or all services within one business day
7    after it receives a request to immediately terminate
8    service or on the day requested by the customer if such a
9    date is at least 5 days from the date requested by the
10    customer. Nothing in this subsection (c) shall prohibit the
11    provider from billing for charges that the customer incurs
12    prior to the date of termination. Cable or video providers
13    shall issue a credit no later than the customer's next
14    billing cycle following the determination that a credit is
15    warranted. Cable or video providers shall issue a refund or
16    return a deposit promptly, but not later than either the
17    customer's next billing cycle following resolution of the
18    request or 30 days, whichever is earlier, or the return of
19    equipment, if any, whichever is later.
20        (9) The customers or subscribers of a cable or video
21    provider shall be allowed to disconnect their service at
22    any time within the first 30 days after subscribing to or
23    upgrading the service. Within this 30-day period, cable or
24    video providers shall not charge or impose any fees or
25    penalties on the customer for disconnecting service,
26    including, but not limited to, any installation charge or

 

 

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1    the imposition of an early termination charge, except the
2    cable or video provider may impose a charge or fee to
3    offset any rebates or credits received by the customer and
4    may impose monthly service or maintenance charges,
5    including pay-per-view and premium services charges,
6    during such 30-day period.
7    (d) Response to customer inquiries:
8        (1) Cable or video providers will maintain a toll-free
9    telephone access line that is available to customers 24
10    hours a day, 7 days a week to accept calls regarding
11    installation, termination, service, and complaints.
12    Trained, knowledgeable, qualified service representatives
13    of the cable or video providers will be available to
14    respond to customer telephone inquiries during normal
15    business hours. Customer service representatives shall be
16    able to provide credit, waive fees, schedule appointments,
17    and change billing cycles. Any difficulties that cannot be
18    resolved by the customer service representatives shall be
19    referred to a supervisor who shall make his or her best
20    efforts to resolve the issue immediately. If the supervisor
21    does not resolve the issue to the customer's satisfaction,
22    the customer shall be informed of the cable or video
23    provider's complaint procedures and procedures for billing
24    dispute resolution and given a description of the rights
25    and remedies available to customers to enforce the terms of
26    this Article, including the customer's rights to have the

 

 

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1    complaint reviewed by the local unit of government, to
2    request mediation, and to review in a court of competent
3    jurisdiction.
4        (2) After normal business hours, the access line may be
5    answered by a service or an automated response system,
6    including an answering machine. Inquiries received by
7    telephone or e-mail after normal business hours shall be
8    responded to by a trained service representative on the
9    next business day. The cable or video provider shall
10    respond to a written billing inquiry within 10 days of
11    receipt of the inquiry.
12        (3) Cable or video providers shall provide customers
13    seeking non-standard installations with a total
14    installation cost estimate and an estimated date of
15    completion. The actual charge to the customer shall not
16    exceed the estimated cost without the written consent of
17    the customer.
18        (4) If the cable or video provider receives notice that
19    an unsafe condition exists with respect to its equipment,
20    it shall investigate such condition immediately and shall
21    take such measures as are necessary to remove or eliminate
22    the unsafe condition. The cable or video provider shall
23    inform the local unit of government promptly, but no later
24    than 2 hours after it receives notification of an unsafe
25    condition that it has not remedied.
26        (5) Under normal operating conditions, telephone

 

 

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1    answer time by the cable or video provider's customer
2    representative, including wait time, shall not exceed 30
3    seconds when the connection is made. If the call needs to
4    be transferred, transfer time shall not exceed 30 seconds.
5    These standards shall be met no less than 90% of the time
6    under normal operating conditions, measured on a quarterly
7    basis. The cable or video provider shall not be required to
8    acquire equipment or perform surveys to measure compliance
9    with these telephone answering standards unless an
10    historical record of complaints indicates a clear failure
11    to comply.
12        (6) Under normal operating conditions, the cable or
13    video provider's customers will receive a busy signal less
14    than 3% of the time.
15    (e) Under normal operating conditions, each of the
16following standards related to installations, outages, and
17service calls will be met no less than 95% of the time measured
18on a quarterly basis:
19        (1) Standard installations will be performed within 7
20    business days after an order has been placed. "Standard"
21    installations are those that are located up to 125 feet
22    from the existing distribution system.
23        (2) Excluding conditions beyond the control of the
24    cable or video providers, the cable or video providers will
25    begin working on "service interruptions" promptly and in no
26    event later than 24 hours after the interruption is

 

 

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1    reported by the customer or otherwise becomes known to the
2    cable or video providers. Cable or video providers must
3    begin actions to correct other service problems the next
4    business day after notification of the service problem and
5    correct the problem.
6        (3) The "appointment window" alternatives for
7    installations, service calls, and other installation
8    activities will be either a specific time or, at a maximum,
9    a 4-hour time block during evening, weekend, and normal
10    business hours. The cable or video provider may schedule
11    service calls and other installation activities outside of
12    these hours for the express convenience of the customer.
13        (4) Cable or video providers may not cancel an
14    appointment with a customer after the close of business on
15    the business day prior to the scheduled appointment. If the
16    cable or video provider's representative is running late
17    for an appointment with a customer and will not be able to
18    keep the appointment as scheduled, the customer will be
19    contacted. The appointment will be rescheduled, as
20    necessary, at a time that is convenient for the customer,
21    even if the rescheduled appointment is not within normal
22    business hours.
23    (f) Public benefit obligation:
24        (1) All cable or video providers offering service
25    pursuant to the Cable and Video Competition Law of 2007,
26    the Illinois Municipal Code, or the Counties Code shall

 

 

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1    provide a free service line drop and free basic service to
2    all current and future public buildings within their
3    footprint, including, but not limited to, all local unit of
4    government buildings, public libraries, and public primary
5    and secondary schools, whether owned or leased by that
6    local unit of government ("eligible buildings"). Such
7    service shall be used in a manner consistent with the
8    government purpose for the eligible building and shall not
9    be resold.
10        (2) This obligation only applies to those cable or
11    video service providers whose cable service or video
12    service systems pass eligible buildings and its cable or
13    video service is generally available to residential
14    subscribers in the same local unit of government in which
15    the eligible building is located. The burden of providing
16    such service at each eligible building shall be shared by
17    all cable and video providers whose systems pass the
18    eligible buildings in an equitable and competitively
19    neutral manner, and nothing herein shall require
20    duplicative installations by more than one cable or video
21    provider at each eligible building. Cable or video
22    providers operating in a local unit of government shall
23    meet as necessary and determine who will provide service to
24    eligible buildings under this subsection (f). If the cable
25    or video providers are unable to reach an agreement, they
26    shall meet with the local unit of government, which shall

 

 

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1    determine which cable or video providers will serve each
2    eligible building. The local unit of government shall bear
3    the costs of any inside wiring or video equipment costs not
4    ordinarily provided as part of the cable or video
5    provider's basic offering.
6    (g) After the cable or video providers have offered service
7for one year, the cable or video providers shall make an annual
8report to the Commission, to the local unit of government, and
9to the Attorney General that it is meeting the standards
10specified in this Article, identifying the number of complaints
11it received over the prior year in the State and specifying the
12number of complaints related to each of the following: (1)
13billing, charges, refunds, and credits; (2) installation or
14termination of service; (3) quality of service and repair; (4)
15programming; and (5) miscellaneous complaints that do not fall
16within these categories.
17    (h) To the extent consistent with federal law, cable or
18video providers shall offer the lowest-cost basic cable or
19video service as a stand-alone service to residential customers
20at reasonable rates. Cable or video providers shall not require
21the subscription to any service other than the lowest-cost
22basic service or to any telecommunications or information
23service, as a condition of access to cable or video service,
24including programming offered on a per channel or per program
25basis. Cable or video providers shall not discriminate between
26subscribers to the lowest-cost basic service, subscribers to

 

 

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1other cable services or video services, and other subscribers
2with regard to the rates charged for cable or video programming
3offered on a per channel or per program basis.
4    (i) To the extent consistent with federal law, cable or
5video providers shall ensure that charges for changes in the
6subscriber's selection of services or equipment shall be based
7on the cost of such change and shall not exceed nominal amounts
8when the system's configuration permits changes in service tier
9selection to be effected solely by coded entry on a computer
10terminal or by other similarly simple method.
11    (j) To the extent consistent with federal law, cable or
12video providers shall have a rate structure for the provision
13of cable or video service that is uniform throughout the area
14within the boundaries of the local unit of government. This
15subsection (j) is not intended to prohibit bulk discounts to
16multiple dwelling units or to prohibit reasonable discounts to
17senior citizens or other economically disadvantaged groups.
18    (k) To the extent consistent with federal law, cable or
19video providers shall not charge a subscriber for any service
20or equipment that the subscriber has not affirmatively
21requested or affirmatively agreed to by name. For purposes of
22this subsection (k), a subscriber's failure to refuse a cable
23or video provider's proposal to provide service or equipment
24shall not be deemed to be an affirmative request for such
25service or equipment.
26    (l) No contract or service agreement containing an early

 

 

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1termination clause offering residential cable or video
2services or any bundle including such services shall be for a
3term longer than 2 years. Any contract or service offering with
4a term of service that contains an early termination fee shall
5limit the early termination fee to not more than the value of
6any additional goods or services provided with the cable or
7video services, the amount of the discount reflected in the
8price for cable services or video services for the period
9during which the consumer benefited from the discount, or a
10declining fee based on the remainder of the contract term.
11    (m) Cable or video providers shall not discriminate in the
12provision of services for the hearing and visually impaired,
13and shall comply with the accessibility requirements of 47
14U.S.C. 613. Cable or video providers shall deliver and pick-up
15or provide customers with pre-paid shipping and packaging for
16the return of converters and other necessary equipment at the
17home of customers with disabilities. Cable or video providers
18shall provide free use of a converter or remote control unit to
19mobility impaired customers.
20    (n)(1) To the extent consistent with federal law, cable or
21video providers shall comply with the provisions of 47 U.S.C.
22532(h) and (j). The cable or video providers shall not exercise
23any editorial control over any video programming provided
24pursuant to this Section, or in any other way consider the
25content of such programming, except that a cable or video
26provider may refuse to transmit any leased access program or

 

 

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1portion of a leased access program that contains obscenity,
2indecency, or nudity and may consider such content to the
3minimum extent necessary to establish a reasonable price for
4the commercial use of designated channel capacity by an
5unaffiliated person. This subsection (n) shall permit cable or
6video providers to enforce prospectively a written and
7published policy of prohibiting programming that the cable or
8video provider reasonably believes describes or depicts sexual
9or excretory activities or organs in a patently offensive
10manner as measured by contemporary community standards.
11        (2) Upon customer request, the cable or video provider
12    shall, without charge, fully scramble or otherwise fully
13    block the audio and video programming of each channel
14    carrying such programming so that a person who is not a
15    subscriber does not receive the channel or programming.
16        (3) In providing sexually explicit adult programming
17    or other programming that is indecent on any channel of its
18    service primarily dedicated to sexually oriented
19    programming, the cable or video provider shall fully
20    scramble or otherwise fully block the video and audio
21    portion of such channel so that a person who is not a
22    subscriber to such channel or programming does not receive
23    it.
24        (4) Scramble means to rearrange the content of the
25    signal of the programming so that the programming cannot be
26    viewed or heard in an understandable manner.

 

 

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1    (o) Cable or video providers will maintain a listing,
2specific to the level of street address, of the areas where its
3cable or video services are available. Customers who inquire
4about purchasing cable or video service shall be informed about
5whether the cable or video provider's cable or video services
6are currently available to them at their specific location.
7    (p) Cable or video providers shall not disclose the name,
8address, telephone number or other personally identifying
9information of a cable service or video service customer to be
10used in mailing lists or to be used for other commercial
11purposes not reasonably related to the conduct of its business
12unless the cable or video provider has provided to the customer
13a notice, separately or included in any other customer service
14notice, that clearly and conspicuously describes the
15customer's ability to prohibit the disclosure. Cable or video
16providers shall provide an address and telephone number for a
17customer to use without a toll charge to prevent disclosure of
18the customer's name and address in mailing lists or for other
19commercial purposes not reasonably related to the conduct of
20its business to other businesses or affiliates of the cable or
21video provider. Cable or video providers shall comply with the
22consumer privacy requirements of Section 26-4.5 of the Criminal
23Code of 2012, the Restricted Call Registry Act, and 47 U.S.C.
24551 that are in effect as of June 30, 2007 (the effective date
25of Public Act 95-9) and as amended thereafter.
26    (q) Cable or video providers shall implement an informal

 

 

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1process for handling inquiries from local units of government
2and customers concerning billing issues, service issues,
3privacy concerns, and other consumer complaints. In the event
4that an issue is not resolved through this informal process, a
5local unit of government or the customer may request nonbinding
6mediation with the cable or video provider, with each party to
7bear its own costs of such mediation. Selection of the mediator
8will be by mutual agreement, and preference will be given to
9mediation services that do not charge the consumer for their
10services. In the event that the informal process does not
11produce a satisfactory result to the customer or the local unit
12of government, enforcement may be pursued as provided in
13subdivision (4) of subsection (r) of this Section.
14    (r) The Attorney General and the local unit of government
15may enforce all of the customer service and privacy protection
16standards of this Section with respect to complaints received
17from residents within the local unit of government's
18jurisdiction, but it may not adopt or seek to enforce any
19additional or different customer service or performance
20standards under any other authority or provision of law.
21        (1) The local unit of government may, by ordinance,
22    provide a schedule of penalties for any material breach of
23    this Section by cable or video providers in addition to the
24    penalties provided herein. No monetary penalties shall be
25    assessed for a material breach if it is out of the
26    reasonable control of the cable or video providers or its

 

 

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1    affiliate. Monetary penalties adopted in an ordinance
2    pursuant to this Section shall apply on a competitively
3    neutral basis to all providers of cable service or video
4    service within the local unit of government's
5    jurisdiction. In no event shall the penalties imposed under
6    this subsection (r) exceed $750 for each day of the
7    material breach, and these penalties shall not exceed
8    $25,000 for each occurrence of a material breach per
9    customer.
10        (2) For purposes of this Section, "material breach"
11    means any substantial failure of a cable or video service
12    provider to comply with service quality and other standards
13    specified in any provision of this Act. The Attorney
14    General or the local unit of government shall give the
15    cable or video provider written notice of any alleged
16    material breaches of this Act and allow such provider at
17    least 30 days from receipt of the notice to remedy the
18    specified material breach.
19        (3) A material breach, for the purposes of assessing
20    penalties, shall be deemed to have occurred for each day
21    that a material breach has not been remedied by the cable
22    service or video service provider after the expiration of
23    the period specified in subdivision (2) of this subsection
24    (r) in each local unit of government's jurisdiction,
25    irrespective of the number of customers affected.
26        (4) Any customer, the Attorney General, or a local unit

 

 

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1    of government may pursue alleged violations of this Act by
2    the cable or video provider in a court of competent
3    jurisdiction. A cable or video provider may seek judicial
4    review of a decision of a local unit of government imposing
5    penalties in a court of competent jurisdiction. No local
6    unit of government shall be subject to suit for damages or
7    other relief based upon its action in connection with its
8    enforcement or review of any of the terms, conditions, and
9    rights contained in this Act except a court may require the
10    return of any penalty it finds was not properly assessed or
11    imposed.
12    (s) Cable or video providers shall credit customers for
13violations in the amounts stated herein. The credits shall be
14applied on the statement issued to the customer for the next
15monthly billing cycle following the violation or following the
16discovery of the violation. Cable or video providers are
17responsible for providing the credits described herein and the
18customer is under no obligation to request the credit. If the
19customer is no longer taking service from the cable or video
20provider, the credit amount will be refunded to the customer by
21check within 30 days of the termination of service. A local
22unit of government may, by ordinance, adopt a schedule of
23credits payable directly to customers for breach of the
24customer service standards and obligations contained in this
25Article, provided the schedule of customer credits applies on a
26competitively neutral basis to all providers of cable service

 

 

10000SB3131sam001- 24 -LRB100 19958 SMS 37261 a

1or video service in the local unit of government's jurisdiction
2and the credits are not greater than the credits provided in
3this Section.
4        (1) Failure to keep an appointment or to notify the
5    customer prior to the close of business on the business day
6    prior to the scheduled appointment: $25.00.
7        (2) Violation of customer service and billing
8    standards in subsections (c) and (d) of this Section:
9    $25.00 per occurrence.
10        (3) Violation of the bundling rules in subsection (h)
11    of this Section: $25.00 per month.
12    (t) The enforcement powers granted to the Attorney General
13in Article XXI of this Act shall apply to this Article, except
14that the Attorney General may not seek penalties for violation
15of this Article other than in the amounts specified herein.
16Nothing in this Section shall limit or affect the powers of the
17Attorney General to enforce the provisions of Article XXI of
18this Act or the Consumer Fraud and Deceptive Business Practices
19Act.
20    (u) This Article applies to all cable and video providers
21in the State, including but not limited to those operating
22under a local franchise as that term is used in 47 U.S.C.
23522(9), those operating under authorization pursuant to
24Section 11-42-11 of the Illinois Municipal Code, those
25operating under authorization pursuant to Section 5-1095 of the
26Counties Code, and those operating under a State-issued

 

 

10000SB3131sam001- 25 -LRB100 19958 SMS 37261 a

1authorization pursuant to Article XXI of this Act.
2(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
398-45, eff. 6-28-13.)".