093_HB2253

 
                                     LRB093 07641 BDD 07820 b

 1        AN ACT concerning cable television.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Counties  Code  is  amended  by  adding
 5    Section 5-1096.5 as follows:

 6        (55 ILCS 5/5-1096.5 new)
 7        Sec.  5-1096.5.  Community  antenna  television  systems;
 8    consumer protection.
 9        (a) Definitions. For purposes of this Section:
10        "Normal  business  hours"  means those hours during which
11    most similar businesses in the community are  open  to  serve
12    customers. In all cases, "normal business hours" must include
13    some  evening  hours  at  least  one  night per week and some
14    weekend hours.
15        "Normal  operating  conditions"   means   those   service
16    conditions  that  are  within  the control of the franchisee.
17    Those conditions that are  not  within  the  control  of  the
18    franchisee   include,   but   are  not  limited  to,  natural
19    disasters,  civil  disturbances,  power  outages,   telephone
20    network  outages,  and  severe or unusual weather conditions.
21    Those conditions that are ordinarily within  the  control  of
22    the  franchisee  include,  but  are  not  limited to, special
23    promotions, pay-per-view events, rate increases, regular peak
24    or seasonal demand periods, and maintenance or upgrade of the
25    cable system.
26        "Outage" means a service interruption that simultaneously
27    affects 500 or more subscribers.
28        "Service interruption" or "interruption" means  the  loss
29    of  picture  or  sound  on  one  or  more  community  antenna
30    television  channels. "Service interruption" does not include
31    interruptions  deliberately  caused  by  the  franchisee  for
 
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 1    purposes of system maintenance, repair, or  testing,  if  the
 2    deliberate  interruptions  occur  between the hours of 1 a.m.
 3    and 7 a.m. and do not exceed 10 minutes in duration.
 4        (b)  Not less than  60  days  prior  to  commencement  of
 5    service  to  its first subscriber or within 60 days after the
 6    effective date of this amendatory Act  of  the  93rd  General
 7    Assembly, whichever first occurs, a franchisee must submit to
 8    the  franchising authority a detailed customer services plan.
 9    The plan  must,  without  limitation,  demonstrate  that  the
10    facilities,   personnel,  repair,  complaint  and  adjustment
11    procedures, telephone, and other information systems  of  the
12    franchisee  are  sufficient  to ensure timely, efficient, and
13    effective services to customers.  The  franchisee's  customer
14    services  plan  must be consistent with the highest standards
15    of  the  community  antenna  television  industry   and   the
16    requirements  set  forth  in  this Section. A franchisee must
17    update  the  plan  as  necessary  to  keep  it  accurate  and
18    complete.
19        A franchisee shall establish and maintain  such  business
20    offices  and  customer  service  and call centers and provide
21    personnel,  telephone  service,  and  other   equipment,   as
22    necessary,  to  ensure  the  timely, efficient, and effective
23    service to customers. Personnel required under  this  Section
24    must  include  one person designated by the franchisee to act
25    as a liaison  between  the  franchisee  and  the  franchising
26    authority  regarding  customer  service  issues. All customer
27    service and call centers  of  the  franchisee  shall  have  a
28    locally  listed,  toll-free, or collect telephone number with
29    an access line available to subscribers 24  hours  a  day,  7
30    days   a   week.  Trained  company  representatives  must  be
31    available to respond to customer telephone inquiries 24 hours
32    a day, 7 days  a  week.  All  of  the  franchisee's  customer
33    service and call center and bill payment locations that serve
34    customers  located  in the franchising authority must be open
 
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 1    at least during normal business hours and be  located  within
 2    the  franchising authority. The franchisee's business offices
 3    shall be open, at a minimum, from 9 a.m. to 5 p.m. for 6 days
 4    a week.
 5        Upon a showing of changed circumstances or for other good
 6    cause shown, the franchising authority may permit a reduction
 7    in  the  franchisee's  business  office   hours,   and   this
 8    permission may not be unreasonably withheld. Additionally, at
 9    various  times  during the day, the franchisee must cablecast
10    the address,  telephone  number,  and  office  hours  of  its
11    business offices, customer service and call centers, and bill
12    payment  locations on a local origination channel received by
13    all subscribers.
14        Under normal operating conditions, telephone answer  time
15    by  a customer representative, including wait time, shall not
16    exceed 30 seconds after the connection is made. If  the  call
17    must be transferred, transfer time may not exceed 30 seconds.
18    These  standards  must  be  met  no less than 90% of the time
19    under normal operating conditions, measured  on  a  quarterly
20    basis.  The  franchisee  shall  not  be  required  to acquire
21    equipment or perform surveys to measure compliance with these
22    telephone  answering   standards   unless   the   franchising
23    authority  determines  that a sufficient record of complaints
24    indicates a clear failure to comply. Under  normal  operating
25    conditions,  the  customer  shall  receive a busy signal less
26    than 3% of the time.
27        Under normal operating conditions, standard installations
28    must be performed within 7 business days after an  order  has
29    been  placed.  "Standard"  installations  are  those that are
30    located  within  125  feet  from  the  existing  distribution
31    system.
32        Under  normal  operating  conditions,   the   appointment
33    alternatives  for  installations,  service  calls,  and other
34    installation activities shall be either a specific  time  or,
 
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 1    at  maximum,  a  three-hour time block between the hours of 9
 2    a.m. and 5 p.m. 6 days a week.
 3        The franchisee  may  schedule  service  calls  and  other
 4    installation  activities  outside of these days and hours for
 5    the express convenience of the customer. The  franchisee  may
 6    not  cancel an appointment with a customer after the close of
 7    business  on  the  business  day  prior  to   the   scheduled
 8    appointment. If a franchisee representative is unable to keep
 9    the appointment as scheduled, the customer must be contacted.
10    The  appointment  must  be rescheduled, as necessary, for the
11    specific day and time requested by the customer. The customer
12    may request that the appointment take place  anytime  between
13    the hours of 7 a.m. and 8 p.m. on Monday through Saturday.
14        The  franchisee shall promptly respond to and resolve all
15    subscriber complaints.
16        The  franchisee  shall  maintain  records  of  subscriber
17    complaints setting forth the date and nature of the complaint
18    and any action taken in  response.  These  records  shall  be
19    available   to   the   franchising   authority   during   the
20    franchisee's  normal  business  hours and must be retained in
21    the  franchisee's  files  for  not  less  than  3  years.   A
22    statistical summary of these records shall be prepared by the
23    franchisee  and  submitted  to the franchising authority on a
24    monthly basis for the life of the franchise. Complaints shall
25    be broken out by the type of service that is the  subject  of
26    the  complaint  and  by  franchise  area  of  the franchising
27    authority.
28        The franchisee shall maintain records of all outages  and
29    reported  service  interruptions. These records must indicate
30    the type of service  interrupted,  the  estimated  number  of
31    subscribers   affected,  the  date  and  time  of  the  first
32    notification of the interruption,  the  date  and  time  that
33    service  was  restored,  the cause of the interruption, and a
34    description  of  the  corrective  action  taken.  Records  of
 
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 1    reported service interruptions shall identify  the  reporting
 2    persons  in  a manner consistent with applicable privacy law.
 3    These records must be available to the franchising  authority
 4    during  the  franchisee's  normal  business hours and must be
 5    retained in the franchisee's files for not less than 3 years.
 6        These  records  must  be  submitted  to  the  franchising
 7    authority on a monthly  basis,  commencing  12  months  after
 8    service  is  provided to the first subscriber. The franchisee
 9    shall provide these records in  paper  documentary  form,  as
10    well   as   in  any  electronic  forms  and  formats  as  the
11    franchising authority may require. The franchising  authority
12    shall    provide   service   interruption   information,   as
13    appropriate, to federal or State regulatory authorities.
14        Excluding  conditions   beyond   the   control   of   the
15    franchisee,  the  franchisee  must  begin  working on service
16    interruptions promptly and in no event later  than  24  hours
17    after  the  franchisee becomes aware of the interruption. The
18    franchisee  must  begin  actions  to  correct  other  service
19    problems the next business  day  after  notification  of  the
20    service problem.
21        The  franchisee shall provide a credit or, in the case of
22    a customer terminating service, a  refund  to  each  customer
23    that   is   subject  to  a  service  interruption  caused  by
24    conditions that are in the franchisee's control.  The  credit
25    or   refund  shall  be  for  the  entire  day  on  which  the
26    interruption  occurs  and  for  each   additional   day   the
27    interruption  continues.  The credit or refund shall apply to
28    all services interrupted.  In the  case  of  an  outage,  the
29    franchisee  shall  provide  a  credit or refund regardless of
30    whether the customer requests a credit or refund or otherwise
31    contacts  the  franchisee.  In  the   case   of   a   service
32    interruption  that  is  not part of an outage, the franchisee
33    shall provide a credit or refund if the customer  requests  a
34    credit  or  refund or otherwise contacts the franchisee about
 
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 1    the  service  interruption.  Refund  checks  must  be  issued
 2    promptly, but no later than either (i)  the  customer's  next
 3    billing cycle following resolution of the request or 30 days,
 4    whichever  is  earlier,  or  (ii)  upon  the  return  of  the
 5    equipment  supplied  by  the  franchisee  if  the  service is
 6    terminated. Credits for service must be issued no later  than
 7    the customer's next billing cycle following the determination
 8    that a credit is warranted.
 9        Prior  to  commencement  of  construction in an area, the
10    franchisee shall exercise its  best  efforts  to  inform  the
11    residents  of  the  area  of the nature and timetable for the
12    construction  and  shall  provide  the  residents  with   the
13    procedures for filing complaints.
14        At  the  time the franchisee solicits the residents of an
15    area for subscription of its services and again  upon  actual
16    installation  of  service,  the  franchisee  must provide the
17    residents with a simple written explanation of  all  products
18    and  services  offered,  the  options  for  and prices of the
19    products   and   services,   parental    lock-out    devices,
20    installation  and  service  maintenance procedures, community
21    antenna television  services  use  instructions,  programming
22    channel   positions,   billing,   late   fee   and  complaint
23    procedures, and the privacy rights  of  the  subscriber.  The
24    information and materials required by this Section shall also
25    be available in the Spanish language.
26        The  franchisee  shall  fill  all reasonable orders for a
27    standard installation of its services within 7 business  days
28    and all other reasonable orders within 30 days after the date
29    of  the  order.  An  order  is reasonable if (i) the services
30    requested  are  uniformly  available  on   the   franchisee's
31    community  antenna  television  system, (ii) the services are
32    requested in a  portion  of  the  franchise  area  where  the
33    franchisee's  community  antenna  television  system has been
34    constructed  and   activated,   (iii)   the   franchisee   in
 
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 1    cooperation with appropriate agencies can accomplish a proper
 2    physical extension of its community antenna television system
 3    to  a  person's  premises within those 7 or 30 days, and (iv)
 4    the franchisee can obtain access to the requester's premises.
 5    If the franchisee fails within the required 7 or 30  days  to
 6    provide  the  requested  service,  then  the franchisee, upon
 7    request, shall within 30 days refund any and all deposits  or
 8    advance  payments made by the requester. The franchisee shall
 9    maintain a record of all installation  requests  that  detail
10    when and what action was taken.
11        If  the franchisee or an agent of the franchisee provides
12    program guides to the franchisee's  subscribers,  the  guides
13    must  list, at a minimum, all non-must carry channels carried
14    on the franchisee's community antenna television  system  and
15    must,   to   the  extent  reasonable  as  determined  by  the
16    franchisee, list all programs carried on all  non-must  carry
17    channels.
18        Each  employee  of  the  franchisee when entering private
19    property or working on public  ways  must  wear  an  employee
20    identification card issued by the franchisee bearing the name
21    and a photograph of the employee.
22        The franchisee may not discriminate against any person in
23    the  solicitation or provision of any service or equipment on
24    the basis of age, sex, race,  color,  creed,  ethnic  origin,
25    sexual  orientation,  marital  status,  or physical or mental
26    impairment.
27        (c)  In addition to any other remedies  provided  for  in
28    this  Section  or otherwise available by law, the franchising
29    authority may  impose  monetary  penalties  if  a  franchisee
30    violates   any   provision   of  this  Section,  a  franchise
31    agreement, or any lawfully adopted  rule  or  regulation.  In
32    appropriate  circumstances,  the  franchising  authority  may
33    precede  the  issuance  of  a  notice  of  violation  with  a
34    reasonable   opportunity  for  the  franchisee  to  cure  the
 
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 1    violation. The amounts of any penalties shall be specified in
 2    the franchise agreement and shall be based on  the  following
 3    principles:  (1) penalties must exceed the financial benefits
 4    to a franchisee  delaying  or  failing  to  comply  with  the
 5    applicable requirement; (2) even where those benefits are not
 6    easily  discernible, the penalties must be sufficient to have
 7    a significant deterrent effect on a franchisee; and  (3)  the
 8    penalties  must be sufficient to protect the municipality and
 9    other affected parties against  loss  of  revenues  resulting
10    from violations.
11        A  franchise  agreement  shall  also  provide  for fines,
12    liquidated damages, and other monetary sanctions, the amounts
13    of which shall also reflect the foregoing principles.
14        Any  person  or  organization  adversely  affected  by  a
15    violation, or by a pattern and practice of violations,  shall
16    have  the  right  to sue a franchisee in a court of competent
17    jurisdiction for damages and for injunctive and other  relief
18    to require compliance with this Section or with the franchise
19    agreement.  Organizations  shall be entitled to sue on behalf
20    of themselves or their members.
21        The  remedies  provided  by  this  Section  shall  be  in
22    addition to any remedies provided by law.
23        Except in emergency situations in which immediate  relief
24    is  required,  private litigants shall notify the franchising
25    authority not less than 10 days prior to filing suit. A  suit
26    by  the franchising authority, however, shall not preempt the
27    private litigant's right to proceed.
28        It shall be unlawful for any person to attach or affix or
29    to cause to be attached or affixed any  equipment  or  device
30    that  allows  access  to  or  use  of  the  community antenna
31    television system without payment to the franchisee.
32        Any person who violates any provisions  of  this  Section
33    shall  be  subject  to  a  fine  not  to exceed $750 for each
34    offense. The fine shall be paid to the franchising authority.
 
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 1    Each day that the violation continues constitutes a  separate
 2    offense,  and  a  separate  offense  shall  be  deemed  to be
 3    committed as  to  each  affected  customer.  In  addition,  a
 4    franchisee  shall  be  subject  to the schedule of credits to
 5    customers set forth in subsection (d) of this Section.
 6        (d)  If  the  franchisee  fails  to   complete   standard
 7    installations  and  extensions  of  service  requested  by  a
 8    customer  within  7  business  days  after the order has been
 9    placed, then the  franchisee  must  give  the  customer  free
10    installation  or, if the installation fee has been waived for
11    promotional reasons, then one month's basic service for  free
12    or, for a service violation, a $15 credit.
13        If  the  franchisee  fails  to  provide customers seeking
14    non-standard installations with  a  total  installation  cost
15    estimate  and  an  estimated  date  of  completion,  then the
16    franchisee must give the customer free  installation  or,  if
17    the installation fee has been waived for promotional reasons,
18    then one month's basic service.
19        If a franchisee fails to bury all underground cable drops
20    on  residential  property  at  least 12 inches deep or if the
21    franchisee fails to complete the  work  in  no  more  than  3
22    calendar  weeks  from  the  installation, then the franchisee
23    must give all affected residents a $10 credit.
24        If a franchisee fails to  provide  to  customers  wanting
25    installation  of service within a 3-hour time block between 9
26    a.m. and 5 p.m. 6 days a week, then the franchisee must  give
27    the customer a $25 credit.
28        If  a  franchisee  cancels an appointment with a customer
29    after 5:00 p.m. on the day before the scheduled  appointment,
30    then  the franchisee must give the customer $25 credit or the
31    guarantee offered by the franchisee, whichever is greater.
32        If the franchisee cannot  keep  an  appointment  for  any
33    reason  and  fails  to contact the customer before the end of
34    the scheduled appointment and reschedule at  the  convenience
 
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 1    of the customer, then the franchisee must give the customer a
 2    $25  credit  or  the  guarantee  offered  by  the franchisee,
 3    whichever is greater.
 4        If a franchisee fails to make repairs promptly or  if  it
 5    interrupts  service other than for good cause, during periods
 6    of minimum use of the system, and for no more than 24  hours,
 7    except  where  unavoidable, then the franchisee must give one
 8    day's free service for each  day  that  there  is  a  service
 9    interruption to each customer in the affected area.
10        If   a  franchisee  fails  to  provide  clear  television
11    reception that meets or exceeds FCC technical standards, then
12    the franchisee must give each  affected  customer  one  day's
13    free  service  for  each  day  that reception falls below FCC
14    standards.
15        If a customer informs the franchisee that he  or  she  is
16    experiencing  poor video or audio reception due to franchisee
17    equipment and the franchisee fails  to  correct  the  problem
18    before  the  next  day,  unless  otherwise agreed to with the
19    customer, then the franchisee  must  give  the  customer  one
20    day's  free  service  for  each  day that the problem remains
21    uncorrected.
22        If a franchisee's customer  service  representatives  are
23    unable  to provide credit, waive fees, schedule appointments,
24    and change billing cycles or if any difficulties that  cannot
25    be  resolved  by the customer service representatives are not
26    referred to a supervisor within 24 hours, then the franchisee
27    must give the customer a $10 credit. If the supervisor  fails
28    to  make  his  or  her  best  efforts to contact the customer
29    within 4 hours and resolve the problem  within  48  hours  or
30    within  such  other  time  frame  that  is  acceptable to the
31    customer and franchisee, then the franchisee  must  give  the
32    customer a $10 credit.
33        If the franchisee fails to provide customers with a clear
34    and  concise  monthly  bill  or  if  the  franchisee fails to
 
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 1    respond to a customer's billing inquiry made by telephone  or
 2    e-mail  within  48  hours  of  receipt of the inquiry or to a
 3    written billing inquiry within 2  weeks  of  receipt  of  the
 4    inquiry,  then  the  franchisee  must give the customer a $10
 5    credit.
 6        If a franchisee fails to allow 30 days after the  date  a
 7    subscriber bill is sent before imposing an administrative fee
 8    or  if  the  fee  exceeds $1.50 per bill, then the franchisee
 9    must give the customer a $10 credit.
10        If a franchisee continues to bill for services after  the
11    day  that  a  customer  requests  disconnection of any or all
12    services or if the franchisee fails  to  issue  a  credit  or
13    refund  within  15  business  days  after  the  close  of the
14    customer's  billing  cycle  following  the  return   of   the
15    equipment  and request for disconnection, then the franchisee
16    must give the customer a $10 credit or a $10  refund  if  the
17    customer's account has closed.
18        If,  within  10 days after the termination of service for
19    any reason, a franchisee fails to repay any  deposit  with  a
20    statement  showing  accrued  interest, which must accrue at a
21    fair market rate, to the customer, then the  franchisee  must
22    give  the  customer  a  $10  credit  or  a  $10 refund if the
23    customer's account has closed.
24        If a franchisee fails to  replace  any  trees  or  shrubs
25    damaged   during   any   installation  or  repair,  then  the
26    franchisee must give the customer a $25 credit plus the costs
27    of any repairs or replacement.
28        If a franchisee fails to restore any damaged property  to
29    the  same  condition  it  was before damage occurred then the
30    franchisee must give the customer a $25 credit plus the costs
31    of any repairs or replacement.
32        If a franchisee enters onto a premises without permission
33    or fails to give notice to property  owners  before  entering
34    upon  their  premises or, in the event of an emergency, fails
 
                            -12-     LRB093 07641 BDD 07820 b
 1    to attempt to contact the property owner or legal  tenant  in
 2    person  and,  if  personal  contact  cannot be made, fails to
 3    leave a door hanger notice, then the franchise must give  the
 4    customer  a  $15  credit  plus  the  costs  of any additional
 5    repairs or reimbursement.
 6        If any franchisee  personnel  fail  to  clean  up  debris
 7    caused by the franchisee's activities at a work site or fails
 8    to  properly  dispose of cable materials, then the franchisee
 9    must give the customer a $15 credit plus  the  costs  of  any
10    cleanup and disposal of debris.
11        If  a  franchisee fails to deliver and pick up converters
12    at the home of customers with disabilities or, in the case of
13    a malfunctioning converter, the technician fails  to  provide
14    another  converter,  hook  it  up,  ensure that it is working
15    properly,  and  return  the  defective   converter   to   the
16    franchisee,  then the franchisee must give the customer a $25
17    credit.
18        If a franchisee fails to provide TDD/TYY service  through
19    trained  operators  who  can provide any assistance regularly
20    available  from  a  customer  service  representative  at  no
21    charge, then the franchisee must  give  the  customer  a  $25
22    credit.
23        If  a  franchisee  fails  to  install,  at no charge, any
24    closed captioning device  purchased  by  a  hearing  impaired
25    customer,  then  the  franchisee must give the customer a $25
26    credit.
27        If a franchisee fails to provide free use of a  converter
28    remote control unit to a mobility-impaired customer, then the
29    franchisee  must give the customer a $25 credit and provide a
30    remote control unit.
31        If a franchisee fails to provide, upon  installation  and
32    upon  a  customer's  request, information concerning: (1) the
33    products and services offered;  (2)  the  complete  range  of
34    service   options   and  prices;  (3)  the  customer  service
 
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 1    standards; (4) instruction on use of  cable  TV,  interactive
 2    TV, remote and standard VCR hookups; (5) billing, collection,
 3    and  disconnect  policies; (6) customer privacy requirements;
 4    (7) complaint procedures, containing the contact  information
 5    of  the  designated  agency  of  the franchising authority to
 6    which the complaints should be addressed;  (8)  the  use  and
 7    availability  of  A/B switch; (9) the use and availability of
 8    parental control or lock-out devices; (10)  special  services
 9    for  customers with visual, hearing or mobility disabilities;
10    (11) the days, times  of  operation,  and  locations  of  the
11    service  centers; and (12) a copy of any applicable municipal
12    ordinances, then the franchisee must give the customer a  $10
13    credit.
14        If  a  franchisee  fails  to  provide  customers  and the
15    franchising authority with written notification of any change
16    in rates, programming, or channels at least  30  days  before
17    the  date  of  the change, then the franchisee must give each
18    affected customer a $10 credit.
19        If any officer, agent, or employee of the  franchisee  or
20    any of its contractors and subcontractors in personal contact
21    with  any customer fail to have a visible identification card
22    with their name and photograph or  fail  to  orally  identify
23    themselves  upon  first  contact  with the customer, then the
24    franchisee must give the customer a $10 credit.
25        If any customer service representative of the  franchisee
26    fails  to  identify  himself  or  herself orally to customers
27    immediately following  the  greeting  during  each  telephone
28    contact  with  the  public, then the franchisee must give the
29    customer a $10 credit.
30        If any customer service  representative,  technician,  or
31    employee  of  the  franchisee in each contact with a customer
32    fails to orally state the  estimated  cost  of  any  service,
33    repair,  or  installation prior to delivery of the service or
34    before any work is performed or fails to provide the customer
 
                            -14-     LRB093 07641 BDD 07820 b
 1    with  an  oral  statement  of  the   total   charges   before
 2    terminating the telephone call or before leaving the location
 3    at  which  the  work  was performed, then the franchisee must
 4    give the customer a $10 credit.
 5        If a franchisee violates the privacy of a customer  under
 6    any  federal,  State,  or local law, then the franchisee must
 7    give the customer the choice of either a check in the  amount
 8    of $150 or a credit to customer account in the same amount.
 9        If  a franchisee receives notice that an unsafe condition
10    exists with respect to its equipment and the franchisee fails
11    to investigate the condition immediately or fails to take the
12    measures  necessary  to  remove  or  eliminate   any   unsafe
13    condition,  then  the  franchisee  must  pay  the franchising
14    authority $40 a day for each 24-hour delay in  responding  to
15    the customer safety concerns.
16        If  a franchisee fails to guarantee customer satisfaction
17    to every customer who requests new or upgraded cable  service
18    or  other  service of receiving the service and receive a pro
19    rata credit in an amount equal to the pro rata charge for the
20    remaining days of service being disconnected if the  customer
21    is  dissatisfied  with  the  service,  except  where  a  free
22    promotion  has been offered, then there shall be no charge of
23    any kind for the service or for disconnection of the service.
24    The customer shall have the opportunity  to  cancel  upgraded
25    cable service or other service within 30 days.
26        (e)  Within  60  days  after  the  effective date of this
27    amendatory Act of the 93rd General Assembly, all  franchisees
28    shall  mail  to  each  customer  a  summary  of  the customer
29    protections set forth in this Section, at no  charge  to  the
30    customer.  The  summary  shall  include the full text of this
31    Section and be  in  a  form  acceptable  to  the  franchising
32    authority.
33        (f)  The  provisions  of this Section shall supersede any
34    contradictory or inconsistent provision of State or local law
 
                            -15-     LRB093 07641 BDD 07820 b
 1    or any initial or renewal franchise agreement.
 2        (g)  A home rule unit may not regulate community  antenna
 3    television   systems   in  a  manner  inconsistent  with  the
 4    provisions of this Act. This Section is  a  limitation  under
 5    subsection  (i)  of  Section 6 of Article VII of the Illinois
 6    Constitution of the concurrent exercise by home rule units of
 7    powers and functions exercised by the State.

 8        Section 10.  The Illinois Municipal Code  is  amended  by
 9    adding Section 11-42-11.2 as follows:

10        (65 ILCS 5/11-42-11.2 new)
11        Sec.  11-42-11.2.  Community  antenna television systems;
12    consumer protection.
13        (a) Definitions. For purposes of this Section:
14        "Normal business hours" means those  hours  during  which
15    most  similar  businesses  in the community are open to serve
16    customers. In all cases, "normal business hours" must include
17    some evening hours at least  one  night  per  week  and  some
18    weekend hours.
19        "Normal   operating   conditions"   means  those  service
20    conditions that are within the  control  of  the  franchisee.
21    Those  conditions  that  are  not  within  the control of the
22    franchisee  include,  but  are  not   limited   to,   natural
23    disasters,   civil  disturbances,  power  outages,  telephone
24    network outages, and severe or  unusual  weather  conditions.
25    Those  conditions  that  are ordinarily within the control of
26    the franchisee include,  but  are  not  limited  to,  special
27    promotions, pay-per-view events, rate increases, regular peak
28    or seasonal demand periods, and maintenance or upgrade of the
29    cable system.
30        "Outage" means a service interruption that simultaneously
31    affects 500 or more subscribers.
32        "Service  interruption"  or "interruption" means the loss
 
                            -16-     LRB093 07641 BDD 07820 b
 1    of  picture  or  sound  on  one  or  more  community  antenna
 2    television channels. "Service interruption" does not  include
 3    interruptions  deliberately  caused  by  the  franchisee  for
 4    purposes  of  system  maintenance, repair, or testing, if the
 5    deliberate interruptions occur between the hours  of  1  a.m.
 6    and 7 a.m. and do not exceed 10 minutes in duration.
 7        (b)  Not  less  than  60  days  prior  to commencement of
 8    service to its first subscriber or within 60 days  after  the
 9    effective  date  of  this  amendatory Act of the 93rd General
10    Assembly, whichever first occurs, a franchisee must submit to
11    the franchising authority a detailed customer services  plan.
12    The  plan  must,  without  limitation,  demonstrate  that the
13    facilities,  personnel,  repair,  complaint  and   adjustment
14    procedures,  telephone,  and other information systems of the
15    franchisee are sufficient to ensure  timely,  efficient,  and
16    effective  services  to customers.  The franchisee's customer
17    services plan must be consistent with the  highest  standards
18    of   the   community  antenna  television  industry  and  the
19    requirements set forth in this  Section.  A  franchisee  must
20    update  the  plan  as  necessary  to  keep  it  accurate  and
21    complete.
22        A  franchisee  shall establish and maintain such business
23    offices and customer service and  call  centers  and  provide
24    personnel,   telephone   service,  and  other  equipment,  as
25    necessary, to ensure the  timely,  efficient,  and  effective
26    service  to  customers. Personnel required under this Section
27    must include one person designated by the franchisee  to  act
28    as  a  liaison  between  the  franchisee  and the franchising
29    authority regarding customer  service  issues.  All  customer
30    service  and  call  centers  of  the  franchisee shall have a
31    locally listed, toll-free, or collect telephone  number  with
32    an  access  line  available  to subscribers 24 hours a day, 7
33    days  a  week.  Trained  company  representatives   must   be
34    available to respond to customer telephone inquiries 24 hours
 
                            -17-     LRB093 07641 BDD 07820 b
 1    a  day,  7  days  a  week.  All  of the franchisee's customer
 2    service and call center and bill payment locations that serve
 3    customers located in the franchising authority must  be  open
 4    at  least  during normal business hours and be located within
 5    the franchising authority. The franchisee's business  offices
 6    shall be open, at a minimum, from 9 a.m. to 5 p.m. for 6 days
 7    a week.
 8        Upon a showing of changed circumstances or for other good
 9    cause shown, the franchising authority may permit a reduction
10    in   the   franchisee's   business  office  hours,  and  this
11    permission may not be unreasonably withheld. Additionally, at
12    various times during the day, the franchisee  must  cablecast
13    the  address,  telephone  number,  and  office  hours  of its
14    business offices, customer service and call centers, and bill
15    payment locations on a local origination channel received  by
16    all subscribers.
17        Under  normal operating conditions, telephone answer time
18    by a customer representative, including wait time, shall  not
19    exceed  30  seconds after the connection is made. If the call
20    must be transferred, transfer time may not exceed 30 seconds.
21    These standards must be met no less  than  90%  of  the  time
22    under  normal  operating  conditions, measured on a quarterly
23    basis. The  franchisee  shall  not  be  required  to  acquire
24    equipment or perform surveys to measure compliance with these
25    telephone   answering   standards   unless   the  franchising
26    authority determines that a sufficient record  of  complaints
27    indicates  a  clear failure to comply. Under normal operating
28    conditions, the customer shall receive  a  busy  signal  less
29    than 3% of the time.
30        Under normal operating conditions, standard installations
31    must  be  performed within 7 business days after an order has
32    been placed. "Standard"  installations  are  those  that  are
33    located  within  125  feet  from  the  existing  distribution
34    system.
 
                            -18-     LRB093 07641 BDD 07820 b
 1        Under   normal   operating  conditions,  the  appointment
 2    alternatives for  installations,  service  calls,  and  other
 3    installation  activities  shall be either a specific time or,
 4    at maximum, a three-hour time block between the  hours  of  9
 5    a.m. and 5 p.m. 6 days a week.
 6        The  franchisee  may  schedule  service  calls  and other
 7    installation activities outside of these days and  hours  for
 8    the  express  convenience of the customer. The franchisee may
 9    not cancel an appointment with a customer after the close  of
10    business   on   the  business  day  prior  to  the  scheduled
11    appointment. If a franchisee representative is unable to keep
12    the appointment as scheduled, the customer must be contacted.
13    The appointment must be rescheduled, as  necessary,  for  the
14    specific day and time requested by the customer. The customer
15    may  request  that the appointment take place anytime between
16    the hours of 7 a.m. and 8 p.m. on Monday through Saturday.
17        The franchisee shall promptly respond to and resolve  all
18    subscriber complaints.
19        The  franchisee  shall  maintain  records  of  subscriber
20    complaints setting forth the date and nature of the complaint
21    and  any  action  taken  in  response. These records shall be
22    available   to   the   franchising   authority   during   the
23    franchisee's normal business hours and must  be  retained  in
24    the   franchisee's  files  for  not  less  than  3  years.  A
25    statistical summary of these records shall be prepared by the
26    franchisee and submitted to the franchising  authority  on  a
27    monthly basis for the life of the franchise. Complaints shall
28    be  broken  out by the type of service that is the subject of
29    the complaint  and  by  franchise  area  of  the  franchising
30    authority.
31        The  franchisee shall maintain records of all outages and
32    reported service interruptions. These records  must  indicate
33    the  type  of  service  interrupted,  the estimated number of
34    subscribers  affected,  the  date  and  time  of  the   first
 
                            -19-     LRB093 07641 BDD 07820 b
 1    notification  of  the  interruption,  the  date and time that
 2    service was restored, the cause of the  interruption,  and  a
 3    description  of  the  corrective  action  taken.  Records  of
 4    reported  service  interruptions shall identify the reporting
 5    persons in a manner consistent with applicable  privacy  law.
 6    These  records must be available to the franchising authority
 7    during the franchisee's normal business  hours  and  must  be
 8    retained in the franchisee's files for not less than 3 years.
 9        These  records  must  be  submitted  to  the  franchising
10    authority  on  a  monthly  basis,  commencing 12 months after
11    service is provided to the first subscriber.  The  franchisee
12    shall  provide  these  records  in paper documentary form, as
13    well  as  in  any  electronic  forms  and  formats   as   the
14    franchising  authority may require. The franchising authority
15    shall   provide   service   interruption   information,    as
16    appropriate, to federal or State regulatory authorities.
17        Excluding   conditions   beyond   the   control   of  the
18    franchisee, the franchisee  must  begin  working  on  service
19    interruptions  promptly  and  in no event later than 24 hours
20    after the franchisee becomes aware of the  interruption.  The
21    franchisee  must  begin  actions  to  correct  other  service
22    problems  the  next  business  day  after notification of the
23    service problem.
24        The franchisee shall provide a credit or, in the case  of
25    a  customer  terminating  service,  a refund to each customer
26    that  is  subject  to  a  service  interruption   caused   by
27    conditions  that  are in the franchisee's control. The credit
28    or  refund  shall  be  for  the  entire  day  on  which   the
29    interruption   occurs   and   for  each  additional  day  the
30    interruption continues. The credit or refund shall  apply  to
31    all  services  interrupted.   In  the  case of an outage, the
32    franchisee shall provide a credit  or  refund  regardless  of
33    whether the customer requests a credit or refund or otherwise
34    contacts   the   franchisee.   In   the  case  of  a  service
 
                            -20-     LRB093 07641 BDD 07820 b
 1    interruption that is not part of an  outage,  the  franchisee
 2    shall  provide  a credit or refund if the customer requests a
 3    credit or refund or otherwise contacts the  franchisee  about
 4    the  service  interruption.  Refund  checks  must  be  issued
 5    promptly,  but  no  later than either (i) the customer's next
 6    billing cycle following resolution of the request or 30 days,
 7    whichever  is  earlier,  or  (ii)  upon  the  return  of  the
 8    equipment supplied  by  the  franchisee  if  the  service  is
 9    terminated.  Credits for service must be issued no later than
10    the customer's next billing cycle following the determination
11    that a credit is warranted.
12        Prior to commencement of construction  in  an  area,  the
13    franchisee  shall  exercise  its  best  efforts to inform the
14    residents of the area of the nature  and  timetable  for  the
15    construction   and  shall  provide  the  residents  with  the
16    procedures for filing complaints.
17        At the time the franchisee solicits the residents  of  an
18    area  for  subscription of its services and again upon actual
19    installation of service,  the  franchisee  must  provide  the
20    residents  with  a simple written explanation of all products
21    and services offered, the  options  for  and  prices  of  the
22    products    and    services,   parental   lock-out   devices,
23    installation and service  maintenance  procedures,  community
24    antenna  television  services  use  instructions, programming
25    channel  positions,   billing,   late   fee   and   complaint
26    procedures,  and  the  privacy  rights of the subscriber. The
27    information and materials required by this Section shall also
28    be available in the Spanish language.
29        The franchisee shall fill all  reasonable  orders  for  a
30    standard  installation of its services within 7 business days
31    and all other reasonable orders within 30 days after the date
32    of the order. An order is  reasonable  if  (i)  the  services
33    requested   are   uniformly  available  on  the  franchisee's
34    community antenna television system, (ii)  the  services  are
 
                            -21-     LRB093 07641 BDD 07820 b
 1    requested  in  a  portion  of  the  franchise  area where the
 2    franchisee's community antenna  television  system  has  been
 3    constructed   and   activated,   (iii)   the   franchisee  in
 4    cooperation with appropriate agencies can accomplish a proper
 5    physical extension of its community antenna television system
 6    to a person's premises within those 7 or 30  days,  and  (iv)
 7    the franchisee can obtain access to the requester's premises.
 8    If  the  franchisee fails within the required 7 or 30 days to
 9    provide the requested  service,  then  the  franchisee,  upon
10    request,  shall within 30 days refund any and all deposits or
11    advance payments made by the requester. The franchisee  shall
12    maintain  a  record  of all installation requests that detail
13    when and what action was taken.
14        If the franchisee or an agent of the franchisee  provides
15    program  guides  to  the franchisee's subscribers, the guides
16    must list, at a minimum, all non-must carry channels  carried
17    on  the  franchisee's community antenna television system and
18    must,  to  the  extent  reasonable  as  determined   by   the
19    franchisee,  list  all programs carried on all non-must carry
20    channels.
21        Each employee of the  franchisee  when  entering  private
22    property  or  working  on  public  ways must wear an employee
23    identification card issued by the franchisee bearing the name
24    and a photograph of the employee.
25        The franchisee may not discriminate against any person in
26    the solicitation or provision of any service or equipment  on
27    the  basis  of  age,  sex, race, color, creed, ethnic origin,
28    sexual orientation, marital status,  or  physical  or  mental
29    impairment.
30        (c)  In  addition  to  any other remedies provided for in
31    this Section or otherwise available by law,  the  franchising
32    authority  may  impose  monetary  penalties  if  a franchisee
33    violates  any  provision  of  this   Section,   a   franchise
34    agreement,  or  any  lawfully  adopted rule or regulation. In
 
                            -22-     LRB093 07641 BDD 07820 b
 1    appropriate  circumstances,  the  franchising  authority  may
 2    precede  the  issuance  of  a  notice  of  violation  with  a
 3    reasonable  opportunity  for  the  franchisee  to  cure   the
 4    violation. The amounts of any penalties shall be specified in
 5    the  franchise  agreement and shall be based on the following
 6    principles: (1) penalties must exceed the financial  benefits
 7    to  a  franchisee  delaying  or  failing  to  comply with the
 8    applicable requirement; (2) even where those benefits are not
 9    easily discernible, the penalties must be sufficient to  have
10    a  significant  deterrent effect on a franchisee; and (3) the
11    penalties must be sufficient to protect the municipality  and
12    other  affected  parties  against  loss of revenues resulting
13    from violations.
14        A franchise  agreement  shall  also  provide  for  fines,
15    liquidated damages, and other monetary sanctions, the amounts
16    of which shall also reflect the foregoing principles.
17        Any  person  or  organization  adversely  affected  by  a
18    violation,  or by a pattern and practice of violations, shall
19    have the right to sue a franchisee in a  court  of  competent
20    jurisdiction  for damages and for injunctive and other relief
21    to require compliance with this Section or with the franchise
22    agreement. Organizations shall be entitled to sue  on  behalf
23    of themselves or their members.
24        The  remedies  provided  by  this  Section  shall  be  in
25    addition to any remedies provided by law.
26        Except  in emergency situations in which immediate relief
27    is required, private litigants shall notify  the  franchising
28    authority  not less than 10 days prior to filing suit. A suit
29    by the franchising authority, however, shall not preempt  the
30    private litigant's right to proceed.
31        It shall be unlawful for any person to attach or affix or
32    to  cause  to  be attached or affixed any equipment or device
33    that allows  access  to  or  use  of  the  community  antenna
34    television system without payment to the franchisee.
 
                            -23-     LRB093 07641 BDD 07820 b
 1        Any  person  who  violates any provisions of this Section
 2    shall be subject to a  fine  not  to  exceed  $750  for  each
 3    offense. The fine shall be paid to the franchising authority.
 4    Each  day that the violation continues constitutes a separate
 5    offense, and  a  separate  offense  shall  be  deemed  to  be
 6    committed  as  to  each  affected  customer.  In  addition, a
 7    franchisee shall be subject to the  schedule  of  credits  to
 8    customers set forth in subsection (d) of this Section.
 9        (d)  If   the   franchisee  fails  to  complete  standard
10    installations  and  extensions  of  service  requested  by  a
11    customer within 7 business days  after  the  order  has  been
12    placed,  then  the  franchisee  must  give  the customer free
13    installation or, if the installation fee has been waived  for
14    promotional  reasons, then one month's basic service for free
15    or, for a service violation, a $15 credit.
16        If the franchisee  fails  to  provide  customers  seeking
17    non-standard  installations  with  a  total installation cost
18    estimate and  an  estimated  date  of  completion,  then  the
19    franchisee  must  give  the customer free installation or, if
20    the installation fee has been waived for promotional reasons,
21    then one month's basic service.
22        If a franchisee fails to bury all underground cable drops
23    on residential property at least 12 inches  deep  or  if  the
24    franchisee  fails  to  complete  the  work  in no more than 3
25    calendar weeks from the  installation,  then  the  franchisee
26    must give all affected residents a $10 credit.
27        If  a  franchisee  fails  to provide to customers wanting
28    installation of service within a 3-hour time block between  9
29    a.m.  and 5 p.m. 6 days a week, then the franchisee must give
30    the customer a $25 credit.
31        If a franchisee cancels an appointment  with  a  customer
32    after  5:00 p.m. on the day before the scheduled appointment,
33    then the franchisee must give the customer $25 credit or  the
34    guarantee offered by the franchisee, whichever is greater.
 
                            -24-     LRB093 07641 BDD 07820 b
 1        If  the  franchisee  cannot  keep  an appointment for any
 2    reason and fails to contact the customer before  the  end  of
 3    the  scheduled  appointment and reschedule at the convenience
 4    of the customer, then the franchisee must give the customer a
 5    $25 credit  or  the  guarantee  offered  by  the  franchisee,
 6    whichever is greater.
 7        If  a  franchisee fails to make repairs promptly or if it
 8    interrupts service other than for good cause, during  periods
 9    of  minimum use of the system, and for no more than 24 hours,
10    except where unavoidable, then the franchisee must  give  one
11    day's  free  service  for  each  day  that there is a service
12    interruption to each customer in the affected area.
13        If  a  franchisee  fails  to  provide  clear   television
14    reception that meets or exceeds FCC technical standards, then
15    the  franchisee  must  give  each affected customer one day's
16    free service for each day  that  reception  falls  below  FCC
17    standards.
18        If  a  customer  informs the franchisee that he or she is
19    experiencing poor video or audio reception due to  franchisee
20    equipment  and  the  franchisee  fails to correct the problem
21    before the next day, unless  otherwise  agreed  to  with  the
22    customer,  then  the  franchisee  must  give the customer one
23    day's free service for each  day  that  the  problem  remains
24    uncorrected.
25        If  a  franchisee's  customer service representatives are
26    unable to provide credit, waive fees, schedule  appointments,
27    and  change billing cycles or if any difficulties that cannot
28    be resolved by the customer service representatives  are  not
29    referred to a supervisor within 24 hours, then the franchisee
30    must  give the customer a $10 credit. If the supervisor fails
31    to make his or her  best  efforts  to  contact  the  customer
32    within  4  hours  and  resolve the problem within 48 hours or
33    within such other  time  frame  that  is  acceptable  to  the
34    customer  and  franchisee,  then the franchisee must give the
 
                            -25-     LRB093 07641 BDD 07820 b
 1    customer a $10 credit.
 2        If the franchisee fails to provide customers with a clear
 3    and concise monthly  bill  or  if  the  franchisee  fails  to
 4    respond  to a customer's billing inquiry made by telephone or
 5    e-mail within 48 hours of receipt of  the  inquiry  or  to  a
 6    written  billing  inquiry  within  2  weeks of receipt of the
 7    inquiry, then the franchisee must give  the  customer  a  $10
 8    credit.
 9        If  a  franchisee fails to allow 30 days after the date a
10    subscriber bill is sent before imposing an administrative fee
11    or if the fee exceeds $1.50 per  bill,  then  the  franchisee
12    must give the customer a $10 credit.
13        If  a franchisee continues to bill for services after the
14    day that a customer requests  disconnection  of  any  or  all
15    services  or  if  the  franchisee  fails to issue a credit or
16    refund within  15  business  days  after  the  close  of  the
17    customer's   billing   cycle  following  the  return  of  the
18    equipment and request for disconnection, then the  franchisee
19    must  give  the  customer a $10 credit or a $10 refund if the
20    customer's account has closed.
21        If, within 10 days after the termination of  service  for
22    any  reason,  a  franchisee fails to repay any deposit with a
23    statement showing accrued interest, which must  accrue  at  a
24    fair  market  rate, to the customer, then the franchisee must
25    give the customer a  $10  credit  or  a  $10  refund  if  the
26    customer's account has closed.
27        If  a  franchisee  fails  to  replace any trees or shrubs
28    damaged  during  any  installation  or   repair,   then   the
29    franchisee must give the customer a $25 credit plus the costs
30    of any repairs or replacement.
31        If  a franchisee fails to restore any damaged property to
32    the same condition it was before  damage  occurred  then  the
33    franchisee must give the customer a $25 credit plus the costs
34    of any repairs or replacement.
 
                            -26-     LRB093 07641 BDD 07820 b
 1        If a franchisee enters onto a premises without permission
 2    or  fails  to  give notice to property owners before entering
 3    upon their premises or, in the event of an  emergency,  fails
 4    to  attempt  to contact the property owner or legal tenant in
 5    person and, if personal contact  cannot  be  made,  fails  to
 6    leave  a door hanger notice, then the franchise must give the
 7    customer a $15  credit  plus  the  costs  of  any  additional
 8    repairs or reimbursement.
 9        If  any  franchisee  personnel  fail  to  clean up debris
10    caused by the franchisee's activities at a work site or fails
11    to properly dispose of cable materials, then  the  franchisee
12    must  give  the  customer  a $15 credit plus the costs of any
13    cleanup and disposal of debris.
14        If a franchisee fails to deliver and pick  up  converters
15    at the home of customers with disabilities or, in the case of
16    a  malfunctioning  converter, the technician fails to provide
17    another converter, hook it up,  ensure  that  it  is  working
18    properly,   and   return   the  defective  converter  to  the
19    franchisee, then the franchisee must give the customer a  $25
20    credit.
21        If  a franchisee fails to provide TDD/TYY service through
22    trained operators who can provide  any  assistance  regularly
23    available  from  a  customer  service  representative  at  no
24    charge,  then  the  franchisee  must  give the customer a $25
25    credit.
26        If a franchisee fails  to  install,  at  no  charge,  any
27    closed  captioning  device  purchased  by  a hearing impaired
28    customer, then the franchisee must give the  customer  a  $25
29    credit.
30        If  a franchisee fails to provide free use of a converter
31    remote control unit to a mobility-impaired customer, then the
32    franchisee must give the customer a $25 credit and provide  a
33    remote control unit.
34        If  a  franchisee fails to provide, upon installation and
 
                            -27-     LRB093 07641 BDD 07820 b
 1    upon a customer's request, information  concerning:  (1)  the
 2    products  and  services  offered;  (2)  the complete range of
 3    service  options  and  prices;  (3)  the   customer   service
 4    standards;  (4)  instruction  on use of cable TV, interactive
 5    TV, remote and standard VCR hookups; (5) billing, collection,
 6    and disconnect policies; (6) customer  privacy  requirements;
 7    (7)  complaint procedures, containing the contact information
 8    of the designated agency  of  the  franchising  authority  to
 9    which  the  complaints  should  be addressed; (8) the use and
10    availability of A/B switch; (9) the use and  availability  of
11    parental  control  or lock-out devices; (10) special services
12    for customers with visual, hearing or mobility  disabilities;
13    (11)  the  days,  times  of  operation,  and locations of the
14    service centers; and (12) a copy of any applicable  municipal
15    ordinances,  then the franchisee must give the customer a $10
16    credit.
17        If a  franchisee  fails  to  provide  customers  and  the
18    franchising authority with written notification of any change
19    in  rates,  programming,  or channels at least 30 days before
20    the date of the change, then the franchisee  must  give  each
21    affected customer a $10 credit.
22        If  any  officer, agent, or employee of the franchisee or
23    any of its contractors and subcontractors in personal contact
24    with any customer fail to have a visible identification  card
25    with  their  name  and  photograph or fail to orally identify
26    themselves upon first contact with  the  customer,  then  the
27    franchisee must give the customer a $10 credit.
28        If  any customer service representative of the franchisee
29    fails to identify himself  or  herself  orally  to  customers
30    immediately  following  the  greeting  during  each telephone
31    contact with the public, then the franchisee  must  give  the
32    customer a $10 credit.
33        If  any  customer  service representative, technician, or
34    employee of the franchisee in each contact  with  a  customer
 
                            -28-     LRB093 07641 BDD 07820 b
 1    fails  to  orally  state  the  estimated cost of any service,
 2    repair, or installation prior to delivery of the  service  or
 3    before any work is performed or fails to provide the customer
 4    with   an   oral   statement  of  the  total  charges  before
 5    terminating the telephone call or before leaving the location
 6    at which the work was performed,  then  the  franchisee  must
 7    give the customer a $10 credit.
 8        If  a franchisee violates the privacy of a customer under
 9    any federal, State, or local law, then  the  franchisee  must
10    give  the customer the choice of either a check in the amount
11    of $150 or a credit to customer account in the same amount.
12        If a franchisee receives notice that an unsafe  condition
13    exists with respect to its equipment and the franchisee fails
14    to investigate the condition immediately or fails to take the
15    measures   necessary   to  remove  or  eliminate  any  unsafe
16    condition, then  the  franchisee  must  pay  the  franchising
17    authority  $40  a day for each 24-hour delay in responding to
18    the customer safety concerns.
19        If a franchisee fails to guarantee customer  satisfaction
20    to  every customer who requests new or upgraded cable service
21    or other service of receiving the service and receive  a  pro
22    rata credit in an amount equal to the pro rata charge for the
23    remaining  days of service being disconnected if the customer
24    is  dissatisfied  with  the  service,  except  where  a  free
25    promotion has been offered, then there shall be no charge  of
26    any kind for the service or for disconnection of the service.
27    The  customer  shall  have the opportunity to cancel upgraded
28    cable service or other service within 30 days.
29        (e)  Within 60 days after  the  effective  date  of  this
30    amendatory  Act of the 93rd General Assembly, all franchisees
31    shall mail  to  each  customer  a  summary  of  the  customer
32    protections  set  forth  in this Section, at no charge to the
33    customer. The summary shall include the  full  text  of  this
34    Section  and  be  in  a  form  acceptable  to the franchising
 
                            -29-     LRB093 07641 BDD 07820 b
 1    authority.
 2        (f)  The provisions of this Section shall  supersede  any
 3    contradictory or inconsistent provision of State or local law
 4    or any initial or renewal franchise agreement.
 5        (g)  A  home rule unit may not regulate community antenna
 6    television  systems  in  a  manner  inconsistent   with   the
 7    provisions  of  this  Act. This Section is a limitation under
 8    subsection (i) of Section 6 of Article VII  of  the  Illinois
 9    Constitution of the concurrent exercise by home rule units of
10    powers and functions exercised by the State.