093_SB1594

 
                                     LRB093 11077 LRD 11789 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 13-712 as follows:

 6        (220 ILCS 5/13-712)
 7        (Section scheduled to be repealed on July 1, 2005)
 8        Sec.  13-712.  Basic  local  exchange  service   quality;
 9    customer credits.
10        (a)  It  is the intent of the General Assembly that every
11    telecommunications  carrier  meet  minimum  service   quality
12    standards  in  providing  basic  local  exchange service on a
13    non-discriminatory basis to all classes of customers.
14        (b)  Definitions:
15             (1)  "Alternative telephone service"  means,  except
16        where  technically  impracticable,  a  wireless telephone
17        capable of making local calls, and may also include,  but
18        is not limited to, call forwarding, voice mail, or paging
19        services.
20             (2)  "Basic    local    exchange    service"   means
21        residential and business lines used  for  local  exchange
22        telecommunications  service  as defined in Section 13-204
23        of this Act, excluding:
24                  (A)  services     that     employ      advanced
25             telecommunications  capability as defined in Section
26             706(c)(1) of the federal Telecommunications  Act  of
27             1996;
28                  (B)  vertical services;
29                  (C)  company official lines; and
30                  (D)  records work only.
31             (3)  "Link  Up"  refers  to  the  Link Up Assistance
 
                            -2-      LRB093 11077 LRD 11789 b
 1        program defined and  established  at  47  C.F.R.  Section
 2        54.411 et seq. as amended.
 3        (c)  The  Commission  shall  promulgate  service  quality
 4    rules  for  basic  local  exchange service, which may include
 5    fines, penalties, customer  credits,  and  other  enforcement
 6    mechanisms.   In  developing  such service quality rules, the
 7    Commission shall consider, at a minimum, the carrier's  gross
 8    annual  intrastate  revenue;  the  frequency,  duration,  and
 9    recurrence  of the violation; and the relative harm caused to
10    the affected customer or other  users  of  the  network.   In
11    imposing  fines,  the  Commission  shall  take  into  account
12    compensation   or  credits  paid  by  the  telecommunications
13    carrier  to  its  customers  pursuant  to  this  Section   in
14    compensation   for  the  violation  found  pursuant  to  this
15    Section.  These rules shall become effective within one  year
16    after  the  effective date of this amendatory Act of the 92nd
17    General Assembly.
18        (d)  The  rules  shall,  at  a  minimum,   require   each
19    telecommunications carrier to do all of the following:
20             (1)  Install  basic  local exchange service within 5
21        business days after receipt of an order from the customer
22        unless the customer requests an installation date that is
23        beyond 5 business days after placing the order for  basic
24        service and to inform the customer of its duty to install
25        service   within  this  timeframe.   If  installation  of
26        service is requested on or by a date more than 5 business
27        days in the future, the telecommunications carrier  shall
28        install    service    by    the    date   requested.    A
29        telecommunications carrier offering basic local  exchange
30        service  utilizing  the  network  or  network elements of
31        another carrier shall install new lines for  basic  local
32        exchange   service   within   3   business   days   after
33        provisioning  of  the  line or lines by the carrier whose
34        network  or  network  elements  are  being  utilized   is
 
                            -3-      LRB093 11077 LRD 11789 b
 1        complete.   This subdivision (d)(1) does not apply to the
 2        migration  of  a  customer   between   telecommunications
 3        carriers, so long as the customer maintains dial tone.
 4             (2)  Restore  basic  local  exchange  service  for a
 5        customer within 24  hours  of  receiving  notice  that  a
 6        customer  is  out  of service.  This provision applies to
 7        service disruptions that occur when a  customer  switches
 8        existing basic local exchange service from one carrier to
 9        another.
10             (3)  Keep  all  repair and installation appointments
11        for  basic  local  exchange  service,  when  a   customer
12        premises visit requires a customer to be present.
13             (4)  Inform a customer when a repair or installation
14        appointment requires the customer to be present.
15        (e)  The  rules shall include provisions for customers to
16    be credited by the telecommunications carrier for  violations
17    of   basic   local  exchange  service  quality  standards  as
18    described in subsection (d). The credits shall be applied  on
19    the  statement  issued  to  the customer for the next monthly
20    billing  cycle  following  the  violation  or  following  the
21    discovery  of   the   violation.   The   performance   levels
22    established  in subsection (c) are solely for the purposes of
23    consumer credits and shall not be used as performance  levels
24    for the purposes of assessing penalties under Section 13-305.
25    At a minimum, the rules shall include the following:
26             (1)  If  a carrier fails to repair an out-of-service
27        condition for basic  local  exchange  service  within  24
28        hours,   the  carrier  shall  provide  a  credit  to  the
29        customer. If the service disruption is for  48  hours  or
30        less,  the  credit must be equal to a pro-rata portion of
31        the monthly recurring  charges  for  all  local  services
32        disrupted.  If the service disruption is for more than 48
33        hours,  but  not  more  than 72 hours, the credit must be
34        equal to at least 33% of one  month's  recurring  charges
 
                            -4-      LRB093 11077 LRD 11789 b
 1        for   all  local  services  disrupted.   If  the  service
 2        disruption is for more than 72 hours, but not  more  than
 3        96 hours, the credit must be equal to at least 67% of one
 4        month's   recurring   charges   for  all  local  services
 5        disrupted.  If the service disruption is for more than 96
 6        hours, but not more than 120 hours, the  credit  must  be
 7        equal  to  one  month's  recurring  charges for all local
 8        services disrupted.  For each day or portion thereof that
 9        the  service  disruption  continues  beyond  the  initial
10        120-hour period, the carrier shall  also  provide  either
11        alternative  telephone service or an additional credit of
12        $20 per day, at the customers option.
13             (2)  If a  carrier  fails  to  install  basic  local
14        exchange  service  as  required under subdivision (d)(1),
15        the carrier shall waive 50% of any installation  charges,
16        or  in  the  absence  of  an installation charge or where
17        installation is pursuant to  the  Link  Up  program,  the
18        carrier  shall  provide  a  credit  of $25.  If a carrier
19        fails to install service within 10  business  days  after
20        the  service  application  is placed, or fails to install
21        service within  5  business  days  after  the  customer's
22        requested  installation  date,  if the requested date was
23        more than 5 business days after the date  of  the  order,
24        the  carrier shall waive 100% of the installation charge,
25        or in the absence of  an  installation  charge  or  where
26        installation is provided pursuant to the Link Up program,
27        the  carrier shall provide a credit of $50.  For each day
28        that the failure to install service continues beyond  the
29        initial 10 business days, or beyond 5 business days after
30        the   customer's  requested  installation  date,  if  the
31        requested date was more than 5 business  days  after  the
32        date  of the order, the carrier shall also provide either
33        alternative telephone service or an additional credit  of
34        $20  per  day,  at the customer's option until service is
 
                            -5-      LRB093 11077 LRD 11789 b
 1        installed.
 2             (3)  If a carrier fails to keep a  scheduled  repair
 3        or  installation  appointment  when  a  customer premises
 4        visit requires a customer  to  be  present,  the  carrier
 5        shall  credit  the customer $50 per missed appointment. A
 6        credit required by this subsection does  not  apply  when
 7        the  carrier provides the customer with 24-hour notice of
 8        its inability to keep the appointment.
 9             (4)  If the violation  of  a  basic  local  exchange
10        service  quality  standard  is  caused by a carrier other
11        than  the  carrier  providing  retail  service   to   the
12        customer,  the  carrier  providing  retail service to the
13        customer shall credit the customer as  provided  in  this
14        Section.   The   carrier   causing  the  violation  shall
15        reimburse the carrier providing retail service the amount
16        credited    the    customer.    When    applicable,    an
17        interconnection  agreement  shall   govern   compensation
18        between the carrier causing the violation, in whole or in
19        part,  and the retail carrier providing the credit to the
20        customer.
21             (5)  When   alternative   telephone    service    is
22        appropriate,   the   customer   may  select  one  of  the
23        alternative telephone services offered  by  the  carrier.
24        The alternative telephone service shall be provided at no
25        cost to the customer for the provision of local service.
26             (6)  Credits  required  by  this  subsection  do not
27        apply if the violation of a service quality standard:
28                  (i)  occurs as  a  result  of  a  negligent  or
29             willful act on the part of the customer;
30                  (ii)  occurs  as  a  result of a malfunction of
31             customer-owned telephone equipment or inside wiring;
32                  (iii)  occurs as a result of,  or  is  extended
33             by,  an emergency situation as defined in Commission
34             rules, provided that, for the purpose of  this  item
 
                            -6-      LRB093 11077 LRD 11789 b
 1             (iii),  the  term  "emergency  situation"  does  not
 2             include a work stoppage;
 3                  (iv)  is extended by the carrier's inability to
 4             gain  access  to  the customer's premises due to the
 5             customer missing an appointment, provided  that  the
 6             violation is not further extended by the carrier;
 7                  (v)  occurs  as  a result of a customer request
 8             to change the scheduled appointment,  provided  that
 9             the   violation  is  not  further  extended  by  the
10             carrier;
11                  (vi)  occurs as a result of a  carrier's  right
12             to  refuse  service  to  a  customer  as provided in
13             Commission rules; or
14                  (vii)  occurs  as  a  result  of  a   lack   of
15             facilities  where  a  customer requests service at a
16             geographically remote location, a customer  requests
17             service  in  a  geographic area where the carrier is
18             not  currently  offering  service,  or   there   are
19             insufficient   facilities  to  meet  the  customer's
20             request  for  service,  subject   to   a   carrier's
21             obligation for reasonable facilities planning.
22             (7)  The   provisions   of   this   subsection   are
23        cumulative  and  shall not in any way diminish or replace
24        other civil or administrative  remedies  available  to  a
25        customer or a class of customers.
26        (f)  The  rules  shall  require  each  telecommunications
27    carrier  to  provide  to the Commission, on a quarterly basis
28    and in a  form  suitable  for  posting  on  the  Commission's
29    website,  a  public report that includes performance data for
30    basic  local  exchange  service  quality  of   service.   The
31    performance  data  shall be disaggregated for each geographic
32    area and each customer class  of  the  State  for  which  the
33    telecommunications  carrier  internally monitored performance
34    data as of a date 120 days preceding the  effective  date  of
 
                            -7-      LRB093 11077 LRD 11789 b
 1    this  amendatory Act of the 92nd General Assembly. The report
 2    shall include, at a minimum, performance data on basic  local
 3    exchange service installations, lines out of service for more
 4    than  24  hours,  carrier response to customer calls, trouble
 5    reports, and missed repair and installation commitments.
 6        (g)  The Commission shall establish and implement carrier
 7    to carrier wholesale  service  quality  rules  and  establish
 8    remedies to ensure enforcement of the rules.
 9    (Source: P.A. 92-22, eff. 6-30-01.)