093_HB1452

 
                                     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 7        (Section scheduled to be repealed on July 1, 2005)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
 
                            -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  January  1,  2004  whether  rates   for   retail
 6    telecommunications  services  provided  to business end users
 7    with 4 or fewer access lines have declined or increased since
 8    this Section was added by Public Act 92-22.
 9        (c)  All retail vertical  services,  as  defined  herein,
10    that are provided by a telecommunications carrier subject, as
11    of   May   1,   2001,  to  alternative  regulation  under  an
12    alternative regulation plan pursuant to Section  13-506.1  of
13    this  Act  shall  be  classified as competitive as of June 1,
14    2003  without  further  Commission  review.  Retail  vertical
15    services  shall  include,  for  purposes  of  this   Section,
16    services  available on a subscriber's telephone line that the
17    subscriber pays for on a periodic or per use basis, but shall
18    not include caller identification and call waiting.
19        (d)  Any action or proceeding before the Commission  upon
20    the effective date of this amendatory Act of the 92nd General
21    Assembly,  in  which  it is alleged that a telecommunications
22    carrier has improperly classified  services  as  competitive,
23    other  than  a  case pertaining to Section 13-506.1, shall be
24    abated and the services the classification  of  which  is  at
25    issue shall be deemed either competitive or noncompetitive as
26    set  forth  in  this  Section. Any telecommunications carrier
27    subject to an action or proceeding in  which  it  is  alleged
28    that the telecommunications carrier has improperly classified
29    services as competitive shall be deemed liable to refund, and
30    shall  refund,  the sum of $90,000,000 to that class or those
31    classes of its customers that were alleged to have paid rates
32    in excess of  noncompetitive  rates  as  the  result  of  the
33    alleged   improper   classification.  The  telecommunications
34    carrier shall make the refund no later than  120  days  after
 
                            -3-      LRB093 03561 LRD 03590 b
 1    the effective date of this amendatory Act of the 92nd General
 2    Assembly.
 3        (e)  Any  telecommunications carrier subject to an action
 4    or   proceeding   in   which   it   is   alleged   that   the
 5    telecommunications carrier has improperly classified services
 6    as competitive shall also pay the sum of $15,000,000  to  the
 7    Digital  Divide  Elimination  Fund  established  pursuant  to
 8    Section  5-20  of  the  Eliminate the Digital Divide Law, and
 9    shall further pay the  sum  of  $15,000,000  to  the  Digital
10    Divide  Elimination  Infrastructure Fund established pursuant
11    to Section  13-301.3  of  this  Act.  The  telecommunications
12    carrier  shall  make each of these payments in 3 installments
13    of $5,000,000, payable on July 1 of 2002, 2003, and 2004. The
14    telecommunications carrier shall have no  further  accounting
15    for  these  payments,  which  shall  be used for the purposes
16    established in the Eliminate the Digital Divide Law.
17        (f)  All other services shall be classified  pursuant  to
18    Section 13-502 of this Act.
19    (Source: P.A. 92-22, eff. 6-30-01.)

20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.