093_HB1452eng

 
HB1452 Engrossed                     LRB093 03561 LRD 03590 b

 1        AN ACT in relation to public utilities.

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

 4        Section 5.   The  Public  Utilities  Act  is  amended  by
 5    changing Section 13-502.5 as follows:

 6        (220 ILCS 5/13-502.5)
 7        (Section scheduled to be repealed on July 1, 2005)
 8        Sec.   13-502.5.   Services   alleged  to  be  improperly
 9    classified.
10        (a)  Any  action  or  proceeding   pending   before   the
11    Commission  upon the effective date of this amendatory Act of
12    the 92nd General Assembly in  which  it  is  alleged  that  a
13    telecommunications carrier has improperly classified services
14    as  competitive,  other  than  a  case  pertaining to Section
15    13-506.1, shall be abated and  shall  not  be  maintained  or
16    continued.
17        (b)  All  retail  telecommunications services provided to
18    business end users by any telecommunications carrier subject,
19    as of  May  1,  2001,  to  alternative  regulation  under  an
20    alternative  regulation  plan pursuant to Section 13-506.1 of
21    this Act  shall  be  classified  as  competitive  as  of  the
22    effective  date  of  this  amendatory Act of the 92nd General
23    Assembly without further Commission review. Rates for  retail
24    telecommunications  services  provided  to business end users
25    with 4 or fewer access lines shall not exceed the  rates  the
26    carrier  charged  for  those  services  on  May 1, 2001. This
27    restriction  upon  the  rates  of  retail  telecommunications
28    services provided to business end users shall remain in force
29    and effect through July  1,  2005;  provided,  however,  that
30    nothing  in  this  Section  shall  be  construed  to prohibit
31    reduction of those rates. Rates for retail telecommunications
 
HB1452 Engrossed            -2-      LRB093 03561 LRD 03590 b
 1    services provided to business end users with 5 or more access
 2    lines shall not be subject to the restrictions set  forth  in
 3    this subsection.
 4        The  Commission  shall  report to the General Assembly no
 5    later  than  April  1,  2004   whether   rates   for   retail
 6    telecommunications   services   provided   by  all  incumbent
 7    telecommunications carriers providing services in Illinois to
 8    business end users with 4 or fewer access lines have declined
 9    or increased since this  Section  was  added  by  Public  Act
10    92-22.
11        (c)  All  retail  vertical  services,  as defined herein,
12    that are provided by a telecommunications carrier subject, as
13    of  May  1,  2001,  to  alternative   regulation   under   an
14    alternative  regulation  plan pursuant to Section 13-506.1 of
15    this Act shall be classified as competitive  as  of  June  1,
16    2003  without  further  Commission  review.  Retail  vertical
17    services   shall  include,  for  purposes  of  this  Section,
18    services available on a subscriber's telephone line that  the
19    subscriber pays for on a periodic or per use basis, but shall
20    not include caller identification and call waiting.
21        (d)  Any  action or proceeding before the Commission upon
22    the effective date of this amendatory Act of the 92nd General
23    Assembly, in which it is alleged  that  a  telecommunications
24    carrier  has  improperly  classified services as competitive,
25    other than a case pertaining to Section  13-506.1,  shall  be
26    abated  and  the  services  the classification of which is at
27    issue shall be deemed either competitive or noncompetitive as
28    set forth in this  Section.  Any  telecommunications  carrier
29    subject  to  an  action  or proceeding in which it is alleged
30    that the telecommunications carrier has improperly classified
31    services as competitive shall be deemed liable to refund, and
32    shall refund, the sum of $90,000,000 to that class  or  those
33    classes of its customers that were alleged to have paid rates
34    in  excess  of  noncompetitive  rates  as  the  result of the
 
HB1452 Engrossed            -3-      LRB093 03561 LRD 03590 b
 1    alleged  improper  classification.   The   telecommunications
 2    carrier  shall  make  the refund no later than 120 days after
 3    the effective date of this amendatory Act of the 92nd General
 4    Assembly.
 5        (e)  Any telecommunications carrier subject to an  action
 6    or   proceeding   in   which   it   is   alleged   that   the
 7    telecommunications carrier has improperly classified services
 8    as  competitive  shall also pay the sum of $15,000,000 to the
 9    Digital  Divide  Elimination  Fund  established  pursuant  to
10    Section 5-20 of the Eliminate the  Digital  Divide  Law,  and
11    shall  further  pay  the  sum  of  $15,000,000 to the Digital
12    Divide Elimination Infrastructure Fund  established  pursuant
13    to  Section  13-301.3  of  this  Act.  The telecommunications
14    carrier shall make each of these payments in  3  installments
15    of $5,000,000, payable on July 1 of 2002, 2003, and 2004. The
16    telecommunications  carrier  shall have no further accounting
17    for these payments, which shall  be  used  for  the  purposes
18    established in the Eliminate the Digital Divide Law.
19        (f)  All  other  services shall be classified pursuant to
20    Section 13-502 of this Act.
21    (Source: P.A. 92-22, eff. 6-30-01.)

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.