Sen. Sue Rezin

Filed: 4/6/2018

 

 


 

 


 
10000SB3131sam002LRB100 19958 SMS 37821 a

1
AMENDMENT TO SENATE BILL 3131

2    AMENDMENT NO. ______. Amend Senate Bill 3131 on page 5,
3line 15, after "2-106," by inserting "4-204,"; and
 
4on page 5, line 15, after "8-103B," by inserting "8-507,"; and
 
5on page 5, line 18, by replacing "and 16-111" with "and
622-501"; and
 
7on page 9, immediately below line 20, by inserting the
8following:
 
9    "(220 ILCS 5/4-204)  (from Ch. 111 2/3, par. 4-204)
10    Sec. 4-204. If Whenever the Commission receives notice from
11the Secretary of State that any domestic or foreign company
12corporation regulated under this Act has not paid a franchise
13tax, license fee, filing fee, or penalty required under the The
14Business Corporation Act of 1983 or under any other Illinois

 

 

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1statute pertaining to domestic or foreign corporations,
2limited liability companies, partnerships, associations, or
3other organizations , approved January 5, 1984, as amended, then
4the Commission shall institute proceedings for the revocation
5of the franchise, license, permit, or right to engage in any
6business required under this Act shall be suspended by
7operation of law or the suspension thereof until such time
8within a one year period from the date of suspension as the
9delinquent franchise tax, license fee, filing fee, or penalty
10is paid and revoked by operation of law for failure to pay the
11delinquent franchise tax, license fee, filing fee, or penalty
12within the one year suspension period.
13(Source: P.A. 84-617.)"; and
 
14on page 14, lines 18 and 19, by replacing "Section Sections
158-304, 9-242, 9-244 and" with "Sections 8-304, 9-242, 9-244
16and"; and
 
17on page 74, immediately below line 13, by inserting the
18following:
 
19    "(220 ILCS 5/8-507)  (from Ch. 111 2/3, par. 8-507)
20    Sec. 8-507. Every public utility shall file with the
21Commission, under such rules and regulations as the Commission
22may prescribe, a report of every accident occurring to or on
23its plant, equipment, or other property of such a nature to

 

 

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1endanger the safety, health or property of any person. Whenever
2any accident occasions the loss of life or limb to any person,
3such public utility shall immediately give notice to the
4Commission of the fact by the speediest means of communication,
5whether telephone, electronic notification, telegraph or post.
6    The Commission shall investigate all accidents occurring
7within this State upon the property of any public utility or
8directly or indirectly arising from or connected with its
9maintenance or operation, resulting in loss of life or injury
10to person or property and requiring, in the judgment of the
11Commission, investigation by it, and shall have the power to
12make such order or recommendation with respect thereto as in
13its judgment may seem just and reasonable. Neither the order or
14recommendation of the Commission nor any accident report filed
15with the Commission shall be admitted in evidence in any action
16for damages based on or arising out of the loss of life, or
17injury to person or property, in this Section referred to.
18(Source: P.A. 84-617; 84-1025.)"; and
 
19by deleting line 6 on page 203 through line 20 on page 220; and
 
20on page 220, immediately below line 20, by inserting the
21following:
 
22    "(220 ILCS 5/22-501)
23    Sec. 22-501. Customer service and privacy protection. All

 

 

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1cable or video providers in this State shall comply with the
2following customer service requirements and privacy
3protections. The provisions of this Act shall not apply to an
4incumbent cable operator prior to January 1, 2008. For purposes
5of this paragraph, an incumbent cable operator means a person
6or entity that provided cable services in a particular area
7under a franchise agreement with a local unit of government
8pursuant to Section 11-42-11 of the Illinois Municipal Code or
9Section 5-1095 of the Counties Code on January 1, 2007. A
10master antenna television, satellite master antenna
11television, direct broadcast satellite, multipoint
12distribution service, and other provider of video programming
13shall only be subject to the provisions of this Article to the
14extent permitted by federal law.
15    The following definitions apply to the terms used in this
16Article:
17    "Basic cable or video service" means any service offering
18or tier that includes the retransmission of local television
19broadcast signals.
20    "Cable or video provider" means any person or entity
21providing cable service or video service pursuant to
22authorization under (i) the Cable and Video Competition Law of
232007; (ii) Section 11-42-11 of the Illinois Municipal Code;
24(iii) Section 5-1095 of the Counties Code; or (iv) a master
25antenna television, satellite master antenna television,
26direct broadcast satellite, multipoint distribution services,

 

 

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1and other providers of video programming, whatever their
2technology. A cable or video provider shall not include a
3landlord providing only broadcast video programming to a
4single-family home or other residential dwelling consisting of
54 units or less.
6    "Franchise" has the same meaning as found in 47 U.S.C.
7522(9).
8    "Local unit of government" means a city, village,
9incorporated town, or a county.
10    "Normal business hours" means those hours during which most
11similar businesses in the geographic area of the local unit of
12government are open to serve customers. In all cases, "normal
13business hours" must include some evening hours at least one
14night per week or some weekend hours.
15    "Normal operating conditions" means those service
16conditions that are within the control of cable or video
17providers. Those conditions that are not within the control of
18cable or video providers include, but are not limited to,
19natural disasters, civil disturbances, power outages,
20telephone network outages, and severe or unusual weather
21conditions. Those conditions that are ordinarily within the
22control of cable or video providers include, but are not
23limited to, special promotions, pay-per-view events, rate
24increases, regular peak or seasonal demand periods, and
25maintenance or upgrade of the cable service or video service
26network.

 

 

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1    "Service interruption" means the loss of picture or sound
2on one or more cable service or video service on one or more
3cable or video channels.
4    "Service line drop" means the point of connection between a
5premises and the cable or video network that enables the
6premises to receive cable service or video service.
7    (a) General customer service standards:
8        (1) Cable or video providers shall establish general
9    standards related to customer service, which shall
10    include, but not be limited to, installation,
11    disconnection, service and repair obligations; appointment
12    hours and employee ID requirements; customer service
13    telephone numbers and hours; procedures for billing,
14    charges, deposits, refunds, and credits; procedures for
15    termination of service; notice of deletion of programming
16    service; changes related to transmission of programming;
17    changes or increases in rates; the use and availability of
18    parental control or lock-out devices; the use and
19    availability of an A/B switch if applicable; complaint
20    procedures and procedures for bill dispute resolution; a
21    description of the rights and remedies available to
22    consumers if the cable or video provider does not
23    materially meet its customer service standards; and
24    special services for customers with visual, hearing, or
25    mobility disabilities.
26        (2) Cable or video providers' rates for each level of

 

 

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1    service, rules, regulations, and policies related to its
2    cable service or video service described in paragraph (1)
3    of this subsection (a) must be made available to the public
4    and displayed clearly and conspicuously on the cable or
5    video provider's site on the Internet. If a promotional
6    price or a price for a specified period of time is offered,
7    the cable or video provider shall display the price at the
8    end of the promotional period or specified period of time
9    clearly and conspicuously with the display of the
10    promotional price or price for a specified period of time.
11    The cable or video provider shall provide this information
12    upon request.
13        (3) Cable or video providers shall provide notice
14    concerning their general customer service standards to all
15    customers. This notice shall be offered when service is
16    first activated and upon request thereafter. The
17    information in the notice shall also be available on the
18    cable or video providers' websites and shall include all of
19    the information specified in paragraph (1) of this
20    subsection (a), as well as the following: a listing of
21    services offered by the cable or video providers, which
22    shall clearly describe programming for all services and all
23    levels of service; the rates for all services and levels of
24    service; a telephone number through which customers may
25    subscribe to, change, or terminate service, request
26    customer service, or seek general or billing information;

 

 

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1    instructions on the use of the cable or video services; and
2    a description of rights and remedies that the cable or
3    video providers shall make available to their customers if
4    they do not materially meet the general customer service
5    standards described in this Act.
6    (b) General customer service obligations:
7        (1) Cable or video providers shall render reasonably
8    efficient service, promptly make repairs, and interrupt
9    service only as necessary and for good cause, during
10    periods of minimum use of the system and for no more than
11    24 hours.
12        (2) All service representatives or any other person who
13    contacts customers or potential customers on behalf of the
14    cable or video provider shall have a visible identification
15    card with their name and photograph and shall orally
16    identify themselves upon first contact with the customer.
17    Customer service representatives shall orally identify
18    themselves to callers immediately following the greeting
19    during each telephone contact with the public.
20        (3) The cable or video providers shall: (i) maintain a
21    customer service facility within the boundaries of a local
22    unit of government staffed by customer service
23    representatives that have the capacity to accept payment,
24    adjust bills, and respond to repair, installation,
25    reconnection, disconnection, or other service calls and
26    distribute or receive converter boxes, remote control

 

 

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1    units, digital stereo units, or other equipment related to
2    the provision of cable or video service; (ii) provide
3    customers with bill payment facilities through retail,
4    financial, or other commercial institutions located within
5    the boundaries of a local unit of government; (iii) provide
6    an address, toll-free telephone number or electronic
7    address to accept bill payments and correspondence and
8    provide secure collection boxes for the receipt of bill
9    payments and the return of equipment, provided that if a
10    cable or video provider provides secure collection boxes,
11    it shall provide a printed receipt when items are
12    deposited; or (iv) provide an address, toll-free telephone
13    number, or electronic address to accept bill payments and
14    correspondence and provide a method for customers to return
15    equipment to the cable or video provider at no cost to the
16    customer.
17        (4) In each contact with a customer, the service
18    representatives or any other person who contacts customers
19    or potential customers on behalf of the cable or video
20    provider shall state the estimated cost of the service,
21    repair, or installation orally prior to delivery of the
22    service or before any work is performed, shall provide the
23    customer with an oral statement of the total charges before
24    terminating the telephone call or other contact in which a
25    service is ordered, whether in-person or over the Internet,
26    and shall provide a written statement of the total charges

 

 

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1    before leaving the location at which the work was
2    performed. In the event that the cost of service is a
3    promotional price or is for a limited period of time, the
4    cost of service at the end of the promotion or limited
5    period of time shall be disclosed.
6        (5) Cable or video providers shall provide customers a
7    minimum of 30 days' written notice before increasing rates
8    or eliminating transmission of programming and shall
9    submit the notice of any rate increase to the local unit of
10    government in advance of distribution to customers,
11    provided that the cable or video provider is not in
12    violation of this provision if the elimination of
13    transmission of programming was outside the control of the
14    provider, in which case the provider shall use reasonable
15    efforts to provide as much notice as possible, and any rate
16    decrease related to the elimination of transmission of
17    programming shall be applied to the date of the change.
18        (6) Cable or video providers shall provide clear visual
19    and audio reception that meets or exceeds applicable
20    Federal Communications Commission technical standards. If
21    a customer experiences poor video or audio reception due to
22    the equipment of the cable or video provider, the cable or
23    video provider shall promptly repair the problem at its own
24    expense.
25    (c) Bills, payment, and termination:
26        (1) Cable or video providers shall render monthly bills

 

 

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1    that are clear, accurate, and understandable.
2        (2) Every residential customer who pays bills directly
3    to the cable or video provider shall have at least 23 28
4    days from the date of the bill to pay the listed charges.
5        (3) Customer payments shall be posted promptly. When
6    the payment is sent by United States mail, payment is
7    considered paid on the date it is postmarked.
8        (4) Cable or video providers may not terminate
9    residential service for nonpayment of a bill unless the
10    cable or video provider furnishes notice of the delinquency
11    and impending termination at least 15 days prior to the
12    proposed termination. Notice of proposed termination shall
13    be mailed, postage prepaid, to the customer to whom service
14    is billed. Notice of proposed termination shall not be
15    mailed until the 24th day after the date of the bill for
16    services. Notice of delinquency and impending termination
17    may be part of a billing statement only if the notice is
18    designed to be conspicuous. The cable or video providers
19    may not assess a late fee prior to the 24th day after the
20    date of the bill for service.
21        (5) Every notice of impending termination shall
22    include all of the following: the name and address of
23    customer; the amount of the delinquency; the date on which
24    payment is required to avoid termination; and the telephone
25    number of the cable or video provider's service
26    representative to make payment arrangements and to provide

 

 

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1    additional information about the charges for failure to
2    return equipment and for reconnection, if any.
3        (6) Service may only be terminated on days when the
4    customer is able to reach a service representative of the
5    cable or video providers, either in person or by telephone.
6        (7) Any service terminated by a cable or video provider
7    without good cause shall be restored without any
8    reconnection fee, charge, or penalty; good cause for
9    termination includes, but is not limited to, failure to pay
10    a bill by the date specified in the notice of impending
11    termination, payment by check for which there are
12    insufficient funds, theft of service, abuse of equipment or
13    personnel, or other similar subscriber actions.
14        (8) Cable or video providers shall cease charging a
15    customer for any or all services within one business day
16    after it receives a request to immediately terminate
17    service or on the day requested by the customer if such a
18    date is at least 5 days from the date requested by the
19    customer. Nothing in this subsection (c) shall prohibit the
20    provider from billing for charges that the customer incurs
21    prior to the date of termination. Cable or video providers
22    shall issue a credit no later than the customer's next
23    billing cycle following the determination that a credit is
24    warranted. Cable or video providers shall issue a refund or
25    return a deposit promptly, but not later than either the
26    customer's next billing cycle following resolution of the

 

 

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1    request or 30 days, whichever is earlier, or the return of
2    equipment, if any, whichever is later.
3        (9) The customers or subscribers of a cable or video
4    provider shall be allowed to disconnect their service at
5    any time within the first 30 days after subscribing to or
6    upgrading the service. Within this 30-day period, cable or
7    video providers shall not charge or impose any fees or
8    penalties on the customer for disconnecting service,
9    including, but not limited to, any installation charge or
10    the imposition of an early termination charge, except the
11    cable or video provider may impose a charge or fee to
12    offset any rebates or credits received by the customer and
13    may impose monthly service or maintenance charges,
14    including pay-per-view and premium services charges,
15    during such 30-day period.
16    (d) Response to customer inquiries:
17        (1) Cable or video providers will maintain a toll-free
18    telephone access line that is available to customers 24
19    hours a day, 7 days a week to accept calls regarding
20    installation, termination, service, and complaints.
21    Trained, knowledgeable, qualified service representatives
22    of the cable or video providers will be available to
23    respond to customer telephone inquiries during normal
24    business hours. Customer service representatives shall be
25    able to provide credit, waive fees, schedule appointments,
26    and change billing cycles. Any difficulties that cannot be

 

 

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1    resolved by the customer service representatives shall be
2    referred to a supervisor who shall make his or her best
3    efforts to resolve the issue immediately. If the supervisor
4    does not resolve the issue to the customer's satisfaction,
5    the customer shall be informed of the cable or video
6    provider's complaint procedures and procedures for billing
7    dispute resolution and given a description of the rights
8    and remedies available to customers to enforce the terms of
9    this Article, including the customer's rights to have the
10    complaint reviewed by the local unit of government, to
11    request mediation, and to review in a court of competent
12    jurisdiction.
13        (2) After normal business hours, the access line may be
14    answered by a service or an automated response system,
15    including an answering machine. Inquiries received by
16    telephone or e-mail after normal business hours shall be
17    responded to by a trained service representative on the
18    next business day. The cable or video provider shall
19    respond to a written billing inquiry within 10 days of
20    receipt of the inquiry.
21        (3) Cable or video providers shall provide customers
22    seeking non-standard installations with a total
23    installation cost estimate and an estimated date of
24    completion. The actual charge to the customer shall not
25    exceed the estimated cost without the written consent of
26    the customer.

 

 

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1        (4) If the cable or video provider receives notice that
2    an unsafe condition exists with respect to its equipment,
3    it shall investigate such condition immediately and shall
4    take such measures as are necessary to remove or eliminate
5    the unsafe condition. The cable or video provider shall
6    inform the local unit of government promptly, but no later
7    than 2 hours after it receives notification of an unsafe
8    condition that it has not remedied.
9        (5) Under normal operating conditions, telephone
10    answer time by the cable or video provider's customer
11    representative, including wait time, shall not exceed 30
12    seconds when the connection is made. If the call needs to
13    be transferred, transfer time shall not exceed 30 seconds.
14    These standards shall be met no less than 90% of the time
15    under normal operating conditions, measured on a quarterly
16    basis. The cable or video provider shall not be required to
17    acquire equipment or perform surveys to measure compliance
18    with these telephone answering standards unless an
19    historical record of complaints indicates a clear failure
20    to comply.
21        (6) Under normal operating conditions, the cable or
22    video provider's customers will receive a busy signal less
23    than 3% of the time.
24    (e) Under normal operating conditions, each of the
25following standards related to installations, outages, and
26service calls will be met no less than 95% of the time measured

 

 

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1on a quarterly basis:
2        (1) Standard installations will be performed within 7
3    business days after an order has been placed. "Standard"
4    installations are those that are located up to 125 feet
5    from the existing distribution system.
6        (2) Excluding conditions beyond the control of the
7    cable or video providers, the cable or video providers will
8    begin working on "service interruptions" promptly and in no
9    event later than 24 hours after the interruption is
10    reported by the customer or otherwise becomes known to the
11    cable or video providers. Cable or video providers must
12    begin actions to correct other service problems the next
13    business day after notification of the service problem and
14    correct the problem.
15        (3) The "appointment window" alternatives for
16    installations, service calls, and other installation
17    activities will be either a specific time or, at a maximum,
18    a 4-hour time block during evening, weekend, and normal
19    business hours. The cable or video provider may schedule
20    service calls and other installation activities outside of
21    these hours for the express convenience of the customer.
22        (4) Cable or video providers may not cancel an
23    appointment with a customer after the close of business on
24    the business day prior to the scheduled appointment. If the
25    cable or video provider's representative is running late
26    for an appointment with a customer and will not be able to

 

 

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1    keep the appointment as scheduled, the customer will be
2    contacted. The appointment will be rescheduled, as
3    necessary, at a time that is convenient for the customer,
4    even if the rescheduled appointment is not within normal
5    business hours.
6    (f) Public benefit obligation:
7        (1) All cable or video providers offering service
8    pursuant to the Cable and Video Competition Law of 2007,
9    the Illinois Municipal Code, or the Counties Code shall
10    provide a free service line drop and free basic service to
11    all current and future public buildings within their
12    footprint, including, but not limited to, all local unit of
13    government buildings, public libraries, and public primary
14    and secondary schools, whether owned or leased by that
15    local unit of government ("eligible buildings"). Such
16    service shall be used in a manner consistent with the
17    government purpose for the eligible building and shall not
18    be resold.
19        (2) This obligation only applies to those cable or
20    video service providers whose cable service or video
21    service systems pass eligible buildings and its cable or
22    video service is generally available to residential
23    subscribers in the same local unit of government in which
24    the eligible building is located. The burden of providing
25    such service at each eligible building shall be shared by
26    all cable and video providers whose systems pass the

 

 

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1    eligible buildings in an equitable and competitively
2    neutral manner, and nothing herein shall require
3    duplicative installations by more than one cable or video
4    provider at each eligible building. Cable or video
5    providers operating in a local unit of government shall
6    meet as necessary and determine who will provide service to
7    eligible buildings under this subsection (f). If the cable
8    or video providers are unable to reach an agreement, they
9    shall meet with the local unit of government, which shall
10    determine which cable or video providers will serve each
11    eligible building. The local unit of government shall bear
12    the costs of any inside wiring or video equipment costs not
13    ordinarily provided as part of the cable or video
14    provider's basic offering.
15    (g) After the cable or video providers have offered service
16for one year, the cable or video providers shall make an annual
17report to the Commission, to the local unit of government, and
18to the Attorney General that it is meeting the standards
19specified in this Article, identifying the number of complaints
20it received over the prior year in the State and specifying the
21number of complaints related to each of the following: (1)
22billing, charges, refunds, and credits; (2) installation or
23termination of service; (3) quality of service and repair; (4)
24programming; and (5) miscellaneous complaints that do not fall
25within these categories.
26    (h) To the extent consistent with federal law, cable or

 

 

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1video providers shall offer the lowest-cost basic cable or
2video service as a stand-alone service to residential customers
3at reasonable rates. Cable or video providers shall not require
4the subscription to any service other than the lowest-cost
5basic service or to any telecommunications or information
6service, as a condition of access to cable or video service,
7including programming offered on a per channel or per program
8basis. Cable or video providers shall not discriminate between
9subscribers to the lowest-cost basic service, subscribers to
10other cable services or video services, and other subscribers
11with regard to the rates charged for cable or video programming
12offered on a per channel or per program basis.
13    (i) To the extent consistent with federal law, cable or
14video providers shall ensure that charges for changes in the
15subscriber's selection of services or equipment shall be based
16on the cost of such change and shall not exceed nominal amounts
17when the system's configuration permits changes in service tier
18selection to be effected solely by coded entry on a computer
19terminal or by other similarly simple method.
20    (j) To the extent consistent with federal law, cable or
21video providers shall have a rate structure for the provision
22of cable or video service that is uniform throughout the area
23within the boundaries of the local unit of government. This
24subsection (j) is not intended to prohibit bulk discounts to
25multiple dwelling units or to prohibit reasonable discounts to
26senior citizens or other economically disadvantaged groups.

 

 

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1    (k) To the extent consistent with federal law, cable or
2video providers shall not charge a subscriber for any service
3or equipment that the subscriber has not affirmatively
4requested or affirmatively agreed to by name. For purposes of
5this subsection (k), a subscriber's failure to refuse a cable
6or video provider's proposal to provide service or equipment
7shall not be deemed to be an affirmative request for such
8service or equipment.
9    (l) No contract or service agreement containing an early
10termination clause offering residential cable or video
11services or any bundle including such services shall be for a
12term longer than 2 years. Any contract or service offering with
13a term of service that contains an early termination fee shall
14limit the early termination fee to not more than the value of
15any additional goods or services provided with the cable or
16video services, the amount of the discount reflected in the
17price for cable services or video services for the period
18during which the consumer benefited from the discount, or a
19declining fee based on the remainder of the contract term.
20    (m) Cable or video providers shall not discriminate in the
21provision of services for the hearing and visually impaired,
22and shall comply with the accessibility requirements of 47
23U.S.C. 613. Cable or video providers shall deliver and pick-up
24or provide customers with pre-paid shipping and packaging for
25the return of converters and other necessary equipment at the
26home of customers with disabilities. Cable or video providers

 

 

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1shall provide free use of a converter or remote control unit to
2mobility impaired customers.
3    (n)(1) To the extent consistent with federal law, cable or
4video providers shall comply with the provisions of 47 U.S.C.
5532(h) and (j). The cable or video providers shall not exercise
6any editorial control over any video programming provided
7pursuant to this Section, or in any other way consider the
8content of such programming, except that a cable or video
9provider may refuse to transmit any leased access program or
10portion of a leased access program that contains obscenity,
11indecency, or nudity and may consider such content to the
12minimum extent necessary to establish a reasonable price for
13the commercial use of designated channel capacity by an
14unaffiliated person. This subsection (n) shall permit cable or
15video providers to enforce prospectively a written and
16published policy of prohibiting programming that the cable or
17video provider reasonably believes describes or depicts sexual
18or excretory activities or organs in a patently offensive
19manner as measured by contemporary community standards.
20        (2) Upon customer request, the cable or video provider
21    shall, without charge, fully scramble or otherwise fully
22    block the audio and video programming of each channel
23    carrying such programming so that a person who is not a
24    subscriber does not receive the channel or programming.
25        (3) In providing sexually explicit adult programming
26    or other programming that is indecent on any channel of its

 

 

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1    service primarily dedicated to sexually oriented
2    programming, the cable or video provider shall fully
3    scramble or otherwise fully block the video and audio
4    portion of such channel so that a person who is not a
5    subscriber to such channel or programming does not receive
6    it.
7        (4) Scramble means to rearrange the content of the
8    signal of the programming so that the programming cannot be
9    viewed or heard in an understandable manner.
10    (o) Cable or video providers will maintain a listing,
11specific to the level of street address, of the areas where its
12cable or video services are available. Customers who inquire
13about purchasing cable or video service shall be informed about
14whether the cable or video provider's cable or video services
15are currently available to them at their specific location.
16    (p) Cable or video providers shall not disclose the name,
17address, telephone number or other personally identifying
18information of a cable service or video service customer to be
19used in mailing lists or to be used for other commercial
20purposes not reasonably related to the conduct of its business
21unless the cable or video provider has provided to the customer
22a notice, separately or included in any other customer service
23notice, that clearly and conspicuously describes the
24customer's ability to prohibit the disclosure. Cable or video
25providers shall provide an address and telephone number for a
26customer to use without a toll charge to prevent disclosure of

 

 

10000SB3131sam002- 23 -LRB100 19958 SMS 37821 a

1the customer's name and address in mailing lists or for other
2commercial purposes not reasonably related to the conduct of
3its business to other businesses or affiliates of the cable or
4video provider. Cable or video providers shall comply with the
5consumer privacy requirements of Section 26-4.5 of the Criminal
6Code of 2012, the Restricted Call Registry Act, and 47 U.S.C.
7551 that are in effect as of June 30, 2007 (the effective date
8of Public Act 95-9) and as amended thereafter.
9    (q) Cable or video providers shall implement an informal
10process for handling inquiries from local units of government
11and customers concerning billing issues, service issues,
12privacy concerns, and other consumer complaints. In the event
13that an issue is not resolved through this informal process, a
14local unit of government or the customer may request nonbinding
15mediation with the cable or video provider, with each party to
16bear its own costs of such mediation. Selection of the mediator
17will be by mutual agreement, and preference will be given to
18mediation services that do not charge the consumer for their
19services. In the event that the informal process does not
20produce a satisfactory result to the customer or the local unit
21of government, enforcement may be pursued as provided in
22subdivision (4) of subsection (r) of this Section.
23    (r) The Attorney General and the local unit of government
24may enforce all of the customer service and privacy protection
25standards of this Section with respect to complaints received
26from residents within the local unit of government's

 

 

10000SB3131sam002- 24 -LRB100 19958 SMS 37821 a

1jurisdiction, but it may not adopt or seek to enforce any
2additional or different customer service or performance
3standards under any other authority or provision of law.
4        (1) The local unit of government may, by ordinance,
5    provide a schedule of penalties for any material breach of
6    this Section by cable or video providers in addition to the
7    penalties provided herein. No monetary penalties shall be
8    assessed for a material breach if it is out of the
9    reasonable control of the cable or video providers or its
10    affiliate. Monetary penalties adopted in an ordinance
11    pursuant to this Section shall apply on a competitively
12    neutral basis to all providers of cable service or video
13    service within the local unit of government's
14    jurisdiction. In no event shall the penalties imposed under
15    this subsection (r) exceed $750 for each day of the
16    material breach, and these penalties shall not exceed
17    $25,000 for each occurrence of a material breach per
18    customer.
19        (2) For purposes of this Section, "material breach"
20    means any substantial failure of a cable or video service
21    provider to comply with service quality and other standards
22    specified in any provision of this Act. The Attorney
23    General or the local unit of government shall give the
24    cable or video provider written notice of any alleged
25    material breaches of this Act and allow such provider at
26    least 30 days from receipt of the notice to remedy the

 

 

10000SB3131sam002- 25 -LRB100 19958 SMS 37821 a

1    specified material breach.
2        (3) A material breach, for the purposes of assessing
3    penalties, shall be deemed to have occurred for each day
4    that a material breach has not been remedied by the cable
5    service or video service provider after the expiration of
6    the period specified in subdivision (2) of this subsection
7    (r) in each local unit of government's jurisdiction,
8    irrespective of the number of customers affected.
9        (4) Any customer, the Attorney General, or a local unit
10    of government may pursue alleged violations of this Act by
11    the cable or video provider in a court of competent
12    jurisdiction. A cable or video provider may seek judicial
13    review of a decision of a local unit of government imposing
14    penalties in a court of competent jurisdiction. No local
15    unit of government shall be subject to suit for damages or
16    other relief based upon its action in connection with its
17    enforcement or review of any of the terms, conditions, and
18    rights contained in this Act except a court may require the
19    return of any penalty it finds was not properly assessed or
20    imposed.
21    (s) Cable or video providers shall credit customers for
22violations in the amounts stated herein. The credits shall be
23applied on the statement issued to the customer for the next
24monthly billing cycle following the violation or following the
25discovery of the violation. Cable or video providers are
26responsible for providing the credits described herein and the

 

 

10000SB3131sam002- 26 -LRB100 19958 SMS 37821 a

1customer is under no obligation to request the credit. If the
2customer is no longer taking service from the cable or video
3provider, the credit amount will be refunded to the customer by
4check within 30 days of the termination of service. A local
5unit of government may, by ordinance, adopt a schedule of
6credits payable directly to customers for breach of the
7customer service standards and obligations contained in this
8Article, provided the schedule of customer credits applies on a
9competitively neutral basis to all providers of cable service
10or video service in the local unit of government's jurisdiction
11and the credits are not greater than the credits provided in
12this Section.
13        (1) Failure to keep an appointment or to notify the
14    customer prior to the close of business on the business day
15    prior to the scheduled appointment: $25.00.
16        (2) Violation of customer service and billing
17    standards in subsections (c) and (d) of this Section:
18    $25.00 per occurrence.
19        (3) Violation of the bundling rules in subsection (h)
20    of this Section: $25.00 per month.
21    (t) The enforcement powers granted to the Attorney General
22in Article XXI of this Act shall apply to this Article, except
23that the Attorney General may not seek penalties for violation
24of this Article other than in the amounts specified herein.
25Nothing in this Section shall limit or affect the powers of the
26Attorney General to enforce the provisions of Article XXI of

 

 

10000SB3131sam002- 27 -LRB100 19958 SMS 37821 a

1this Act or the Consumer Fraud and Deceptive Business Practices
2Act.
3    (u) This Article applies to all cable and video providers
4in the State, including but not limited to those operating
5under a local franchise as that term is used in 47 U.S.C.
6522(9), those operating under authorization pursuant to
7Section 11-42-11 of the Illinois Municipal Code, those
8operating under authorization pursuant to Section 5-1095 of the
9Counties Code, and those operating under a State-issued
10authorization pursuant to Article XXI of this Act.
11(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
1298-45, eff. 6-28-13.)"; and
 
13on page 221, by deleting line 3; and
 
14on page 221, line 7, by deleting "9-244,".