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(220 ILCS 5/13-517)
(Section scheduled to be repealed on July 1, 2017)
Provision of advanced telecommunications services.
(a) Every Incumbent Local Exchange Carrier (telecommunications carrier that
offers or provides a noncompetitive telecommunications service) shall offer or
provide advanced telecommunications services to not less than 80% of its
customers by January 1, 2005.
(b) The Commission is authorized to grant a full or partial waiver of the
requirements of this Section upon verified petition of any Incumbent Local
Exchange Carrier ("ILEC") which demonstrates that full compliance with the
requirements of this Section would be unduly economically burdensome or
technically infeasible or otherwise impractical in exchanges with low
population density. Notice of any such petition must be given to all
potentially affected customers. If no potentially affected customer requests
the opportunity for a hearing on the waiver petition, the Commission may, in
its discretion, allow the waiver request to take effect without hearing. The
Commission shall grant such petition to the extent that, and for such duration
as, the Commission determines that such waiver:
(1) is necessary:
(A) to avoid a significant adverse economic
impact on users of telecommunications services generally;
(B) to avoid imposing a requirement that is
unduly economically burdensome;
(C) to avoid imposing a requirement that is
technically infeasible; or
(D) to avoid imposing a requirement that is
otherwise impractical to implement in exchanges with low population density; and
(2) is consistent with the public interest,
convenience, and necessity.
The Commission shall act upon any petition filed under this subsection within
180 days after receiving such petition. The Commission may by rule establish
standards for granting any waiver of the requirements of this Section. The
Commission may, upon complaint or on its own motion, hold a hearing to
reconsider its grant of a waiver in whole or in part. In the event that the
Commission, following hearing, determines that the affected ILEC no longer
meets the requirements of item (2) of this subsection, the Commission shall
by order rescind such waiver, in whole or in part. In the event and to the
degree the Commission rescinds such waiver, the Commission shall establish an
implementation schedule for compliance with the requirements of this Section.
(c) As used in this Section, "advanced telecommunications services" means
services capable of
supporting, in at least one direction, a speed in excess of 200 kilobits per
second (kbps) to the network demarcation point at the subscriber's premises.
(Source: P.A. 97-813, eff. 7-13-12