(220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-801. Incumbent local exchange carrier obligations.
(a) This Section provides
additional State requirements contemplated by, but not inconsistent with,
Section
261(c) of the federal Telecommunications Act of 1996, and not preempted by
orders of the Federal Communications Commission.
A telecommunications carrier not subject to regulation under an alternative
regulation plan pursuant to Section 13-506.1
of this Act shall not be subject to the provisions of this Section, to the
extent that this Section imposes requirements or obligations upon the
telecommunications carrier that exceed or are more stringent than those
obligations imposed by Section 251 of the federal Telecommunications Act of
1996 and regulations promulgated thereunder.
An incumbent local exchange carrier shall provide a requesting
telecommunications carrier with interconnection, collocation, network elements,
and
access to operations support systems on just, reasonable, and nondiscriminatory
rates,
terms, and
conditions to enable the provision of any and all existing and new
telecommunications
services within the LATA, including, but not limited to, local exchange and
exchange
access. The Commission shall require the incumbent local exchange carrier to
provide
interconnection, collocation, and network elements in any manner technically
feasible to
the fullest extent possible to implement the maximum development of competitive
telecommunications services offerings. As used in this Section, to the extent
that
interconnection, collocation, or network elements have been deployed for or by
the
incumbent local exchange carrier or one of its wireline local exchange
affiliates in any
jurisdiction, it shall be presumed that such is technically feasible in
Illinois.
(b) Interconnection.
(1) An incumbent local exchange carrier shall provide |
| for the facilities and equipment of any requesting telecommunications carrier's interconnection with the incumbent local exchange carrier's network on just, reasonable, and nondiscriminatory rates, terms, and conditions:
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(A) for the transmission and routing of local
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| exchange, and exchange access telecommunications services;
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(B) at any technically feasible point within the
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| incumbent local exchange carrier's network; however, the incumbent local exchange carrier may not require the requesting carrier to interconnect at more than one technically feasible point within a LATA; and
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(C) that is at least equal in quality and
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| functionality to that provided by the incumbent local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the incumbent local exchange carrier provides interconnection.
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(2) An incumbent local exchange carrier shall make
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| available to any requesting telecommunications carrier, to the extent technically feasible, those services, facilities, or interconnection agreements or arrangements that the incumbent local exchange carrier or any of its incumbent local exchange subsidiaries or affiliates offers in another state under the terms and conditions, but not the stated rates, negotiated pursuant to Section 252 of the federal Telecommunications Act of 1996. Rates shall be established in accordance with the requirements of subsection (g) of this Section. An incumbent local exchange carrier shall also make available to any requesting telecommunications carrier, to the extent technically feasible, and subject to the unbundling provisions of Section 251(d)(2) of the federal Telecommunications Act of 1996, those unbundled network element or interconnection agreements or arrangements that a local exchange carrier affiliate of the incumbent local exchange carrier obtains in another state from the incumbent local exchange carrier in that state, under the terms and conditions, but not the stated rates, obtained through negotiation, or through an arbitration initiated by the affiliate, pursuant to Section 252 of the federal Telecommunications Act of 1996. Rates shall be established in accordance with the requirements of subsection (g) of this Section.
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(c) Collocation. An incumbent local exchange carrier shall provide for
physical
or virtual collocation of any type of equipment for interconnection or access
to network
elements at the premises of the incumbent local exchange carrier on just,
reasonable, and
nondiscriminatory rates, terms, and conditions. The equipment shall include,
but is not
limited to, optical transmission equipment, multiplexers, remote switching
modules, and
cross-connects between the facilities or equipment of other collocated
carriers. The
equipment shall also include microwave transmission facilities on the exterior
and interior of
the incumbent local exchange carrier's premises used for interconnection to, or
for
access to network elements of, the incumbent local exchange carrier or a
collocated
carrier, unless the incumbent local exchange carrier demonstrates to the
Commission that
it is not practical due to technical reasons or space limitations. An
incumbent local
exchange carrier shall allow, and provide for, the most reasonably direct and
efficient
cross-connects, that are consistent with safety and network reliability
standards, between
the facilities of collocated carriers. An incumbent local exchange carrier
shall also allow,
and provide for, cross connects between a noncollocated telecommunications
carrier's
network elements platform, or a noncollocated telecommunications carrier's
transport
facilities, and the facilities of any collocated carrier, consistent with
safety and network
reliability standards.
(d) Network elements. The incumbent local exchange carrier shall provide to
any
requesting telecommunications carrier, for the provision of an existing or a
new
telecommunications service, nondiscriminatory access to network elements on any
unbundled or bundled basis, as requested, at any technically feasible point on just,
reasonable, and nondiscriminatory rates, terms, and conditions.
(1) An incumbent local exchange carrier shall provide
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| unbundled network elements in a manner that allows requesting telecommunications carriers to combine those network elements to provide a telecommunications service.
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(2) An incumbent local exchange carrier shall not
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| separate network elements that are currently combined, except at the explicit direction of the requesting carrier.
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(3) Upon request, an incumbent local exchange carrier
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| shall combine any sequence of unbundled network elements that it ordinarily combines for itself, including but not limited to, unbundled network elements identified in The Draft of the Proposed Ameritech Illinois 271 Amendment (I2A) found in Schedule SJA-4 attached to Exhibit 3.1 filed by Illinois Bell Telephone Company on or about March 28, 2001 with the Illinois Commerce Commission under Illinois Commerce Commission Docket Number 00-0700. The Commission shall determine those network elements the incumbent local exchange carrier ordinarily combines for itself if there is a dispute between the incumbent local exchange carrier and the requesting telecommunications carrier under this subdivision of this Section of this Act.
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The incumbent local exchange carrier shall be
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| entitled to recover from the requesting telecommunications carrier any just and reasonable special construction costs incurred in combining such unbundled network elements (i) if such costs are not already included in the established price of providing the network elements, (ii) if the incumbent local exchange carrier charges such costs to its retail telecommunications end users, and (iii) if fully disclosed in advance to the requesting telecommunications carrier. The Commission shall determine whether the incumbent local exchange carrier is entitled to any special construction costs if there is a dispute between the incumbent local exchange carrier and the requesting telecommunications carrier under this subdivision of this Section of this Act.
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(4) A telecommunications carrier may use a network
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| elements platform consisting solely of combined network elements of the incumbent local exchange carrier to provide end to end telecommunications service for the provision of existing and new local exchange, interexchange that includes local, local toll, and intraLATA toll, and exchange access telecommunications services within the LATA to its end users or payphone service providers without the requesting telecommunications carrier's provision or use of any other facilities or functionalities.
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(5) The Commission shall establish maximum time
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| periods for the incumbent local exchange carrier's provision of network elements. The maximum time period shall be no longer than the time period for the incumbent local exchange carrier's provision of comparable retail telecommunications services utilizing those network elements. The Commission may establish a maximum time period for a particular network element that is shorter than for a comparable retail telecommunications service offered by the incumbent local exchange carrier if a requesting telecommunications carrier establishes that it shall perform other functions or activities after receipt of the particular network element to provide telecommunications services to end users. The burden of proof for establishing a maximum time period for a particular network element that is shorter than for a comparable retail telecommunications service offered by the incumbent local exchange carrier shall be on the requesting telecommunications carrier. Notwithstanding any other provision of this Article, unless and until the Commission establishes by rule or order a different specific maximum time interval, the maximum time intervals shall not exceed 5 business days for the provision of unbundled loops, both digital and analog, 10 business days for the conditioning of unbundled loops or for existing combinations of network elements for an end user that has existing local exchange telecommunications service, and one business day for the provision of the high frequency portion of the loop (line-sharing) for at least 95% of the requests of each requesting telecommunications carrier for each month.
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In measuring the incumbent local exchange carrier's
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| actual performance, the Commission shall ensure that occurrences beyond the control of the incumbent local exchange carrier that adversely affect the incumbent local exchange carrier's performance are excluded when determining actual performance levels. Such occurrences shall be determined by the Commission, but at a minimum must include work stoppage or other labor actions and acts of war. Exclusions shall also be made for performance that is governed by agreements approved by the Commission and containing timeframes for the same or similar measures or for when a requesting telecommunications carrier requests a longer time interval.
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(6) When a telecommunications carrier requests a
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| network elements platform referred to in subdivision (d)(4) of this Section, without the need for field work outside of the central office, for an end user that has existing local exchange telecommunications service provided by an incumbent local exchange carrier, or by another telecommunications carrier through the incumbent local exchange carrier's network elements platform, unless otherwise agreed by the telecommunications carriers, the incumbent local exchange carrier shall provide the requesting telecommunications carrier with the requested network elements platform within 3 business days for at least 95% of the requests for each requesting telecommunications carrier for each month. A requesting telecommunications carrier may order the network elements platform as is for an end user that has such existing local exchange service without changing any of the features previously selected by the end user. The incumbent local exchange carrier shall provide the requested network elements platform without any disruption to the end user's services.
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Absent a contrary agreement between the
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| telecommunications carriers entered into after the effective date of this amendatory Act of the 92nd General Assembly, as of 12:01 a.m. on the third business day after placing the order for a network elements platform, the requesting telecommunications carrier shall be the presubscribed primary local exchange carrier for that end user line and shall be entitled to receive, or to direct the disposition of, all revenues for all services utilizing the network elements in the platform, unless it is established that the end user of the existing local exchange service did not authorize the requesting telecommunications carrier to make the request.
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(e) Operations support systems. The Commission shall establish minimum
standards
with just, reasonable, and nondiscriminatory rates, terms, and conditions for
the
preordering, ordering, provisioning, maintenance and repair, and billing
functions of the
incumbent local exchange carrier's operations support systems provided to other
telecommunications carriers.
(f) Resale. An incumbent local exchange carrier shall offer all retail
telecommunications services, that the incumbent local exchange carrier provides
at retail
to subscribers who are not telecommunications carriers, within the LATA,
together with
each applicable optional feature or functionality, subject to resale at
wholesale rates
without imposing any unreasonable or discriminatory conditions or limitations.
Wholesale rates shall be based on the retail rates charged to end users for the
telecommunications service requested, excluding the portion thereof
attributable to any
marketing, billing, collection, and other costs avoided by the local exchange
carrier.
The Commission may determine under Article IX of this Act that certain
noncompetitive services, together with each applicable optional feature or
functionality, that are offered to residence customers under different rates,
charges, terms, or conditions than to other customers should not be subject to
resale under the rates, charges, terms, or conditions available only to
residence customers.
(g) Cost based rates. Interconnection, collocation, network elements, and
operations
support systems shall be provided by the incumbent local exchange carrier to
requesting
telecommunications carriers at cost based rates. The immediate implementation
and
provisioning of interconnection, collocation, network elements, and operations
support
systems shall not be delayed due to any lack of determination by the Commission
as to
the cost based rates. When cost based rates have not been established, within
30 days after
the filing of a petition for the setting of interim rates, or after the
Commission's own
motion, the Commission shall provide for interim rates that shall remain in
full force and
effect until the cost based rate determination is made, or the interim rate is
modified, by
the Commission.
(h) Rural exemption. This Section does not apply to certain rural telephone
companies as
described in 47 U.S.C. 251(f).
(i) Schedule of rates. A telecommunications carrier may request the
incumbent
local exchange carrier to provide a schedule of rates listing each of the rate
elements of
the incumbent local exchange carrier that pertains to a proposed order
identified by the
requesting telecommunications carrier for any of the matters covered in this
Section. The
incumbent local exchange carrier shall deliver the requested schedule of rates
to the
requesting telecommunications carrier within 2 business days for 95% of the
requests for each requesting carrier
(j) Special access circuits. Other than as provided in subdivision
(d)(4) of this Section
for the network elements platform described in that subdivision, nothing in
this amendatory Act of the 92nd General Assembly is intended to require or
prohibit the substitution of switched or special access services by or with a
combination of network elements nor address the Illinois Commerce Commission's
jurisdiction or authority in this area.
(k) The Commission shall determine any matters in dispute between the
incumbent local exchange carrier and the requesting carrier pursuant to Section
13-515 of this Act.
(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-804) (Section scheduled to be repealed on December 31, 2026) Sec. 13-804. Broadband investment. Increased investment into broadband infrastructure is critical to the economic development of this State and a key component to the retention of existing jobs and the creation of new jobs. The removal of regulatory uncertainty will attract greater private-sector investment in broadband infrastructure. Notwithstanding other provisions of this Article: (A) the Commission shall have the authority to |
| certify providers of wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, to provide telecommunications services in Illinois;
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(B) the Commission shall have the authority to
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| certify providers of wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, as eligible telecommunications carriers in Illinois, as that term has the meaning prescribed in 47 U.S.C. 214 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter;
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(C) the Commission shall have the authority to
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| register providers of fixed or non-nomadic Interconnected VoIP service as Interconnected VoIP service providers in Illinois in accordance with Section 401.1 of this Article;
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(D) the Commission shall have the authority to
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| require providers of Interconnected VoIP service to participate in hearing and speech disability programs; and
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(E) the Commission shall have the authority to access
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| information provided to the non-profit organization under Section 20 of the High Speed Internet Services and Information Technology Act, provided the Commission enters into a proprietary and confidentiality agreement governing such information.
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Except to the extent expressly permitted by and consistent with federal law, the regulations of the Federal Communications Commission, this Article, Article XXI or XXII of this Act, or this amendatory Act of the 96th General Assembly, the Commission shall not regulate the rates, terms, conditions, quality of service, availability, classification, or any other aspect of service regarding (i) broadband services, (ii) Interconnected VoIP services, (iii) information services, as defined in 47 U.S.C. 153(20) on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, or (iv) wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter.
(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-901. Operator service provider.
(a) For the purposes of this Section:
(1) "Operator service provider" means every |
| telecommunications carrier that provides operator services or any other person or entity that the Commission determines is providing operator services.
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(2) "Aggregator" means any person or entity that is
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| not an operator service provider and that in the ordinary course of its operations makes telephones available to the public or to transient users of its premises including, but not limited to, a hotel, motel, hospital, or university for telephone calls between points within this State that are specified by the user using an operator service provider.
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(3) "Operator services" means any telecommunications
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| service that includes, as a component, any automatic or live assistance to a consumer to arrange for billing or completion, or both, of a telephone call between points within this State that are specified by the user through a method other than:
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(A) automatic completion with billing to the
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| telephone from which the call originated;
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(B) completion through an access code or a
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| proprietory account number used by the consumer, with billing to an account previously established with the carrier by the consumer; or
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(C) completion in association with directory
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(b) The Commission shall, by rule or order, adopt and enforce
operating requirements for the provision of operator-assisted services.
The rules shall apply to operator service providers and to aggregators. The
rules shall be compatible with the rules adopted by the Federal Communications
Commission under the federal Telephone Operator Consumer Services Improvement
Act of 1990. These requirements shall address, but not necessarily be limited
to, the following:
(1) oral and written notification of the identity of
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| the operator service provider and the availability of information regarding operator service provider rates, collection methods, and complaint resolution methods;
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(2) restrictions on billing and charges for operator
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(3) restrictions on "call splashing" as that term is
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| defined in 47 C.F.R. Section 64.708;
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(4) access to other telecommunications carriers by
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| the use of access codes including, but not limited to 800, 888, 950, and 10XXX numbers;
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(5) the appropriate routing and handling of emergency
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(6) the enforcement of these rules through tariffs
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| for operator services and by a requirement that operator service providers withhold payment of compensation to aggregators that have been found to be noncomplying by the Commission.
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(c) The Commission shall adopt any rule necessary to make rules previously
adopted under this Section compatible with the rules of the Federal
Communications Commission no later than one year after the effective date of
this amendatory Act of 1993.
(d) A violation of any rule adopted by the Commission under subsection (b)
is a business offense subject to a fine of not less than $1,000 nor more than
$5,000. In addition, the Commission may, after notice and hearing, order any
telecommunications carrier to terminate service to any aggregator found to have
violated any rule.
(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-902)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-902. Authorization and verification of a subscriber's change in
telecommunications
carrier.
(a) Definitions; scope.
(1) "Submitting carrier" means any telecommunications |
| carrier that requests on behalf of a subscriber that the subscriber's telecommunications carrier be changed and seeks to provide retail services to the end user subscriber.
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(2) "Executing carrier" means any telecommunications
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| carrier that effects a request that a subscriber's telecommunications carrier be changed.
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(3) "Authorized carrier" means any telecommunications
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| carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service with the subscriber's authorization verified in accordance with the procedures specified in this Section.
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(4) "Unauthorized carrier" means any
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| telecommunications carrier that submits a change, on behalf of a subscriber, in the subscriber's selection of a provider of telecommunications service but fails to obtain the subscriber's authorization verified in accordance with the procedures specified in this Section.
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(5) "Unauthorized change" means a change in a
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| subscriber's selection of a provider of telecommunications service that was made without authorization verified in accordance with the verification procedures specified in this Section.
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(6) "Subscriber" means:
(A) the party identified in the account records
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| of a common carrier as responsible for payment of the telephone bill;
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(B) any adult person authorized by such party to
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| change telecommunications services or to charge services to the account; or
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(C) any person contractually or otherwise
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| lawfully authorized to represent such party.
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This Section does not apply to retail business subscribers served by
more than 20 lines.
(b) Authorization from the subscriber. "Authorization" means an express,
affirmative
act by a subscriber agreeing to the change in the subscriber's
telecommunications carrier to
another carrier. A subscriber's telecommunications service shall be provided
by the
telecommunications carrier selected by the subscriber.
(c) Authorization and verification of orders for telecommunications service.
(1) No telecommunications carrier shall submit or
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| execute a change on behalf of a subscriber in the subscriber's selection of a provider of telecommunications service except in accordance with the procedures prescribed in this subsection.
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(2) No submitting carrier shall submit a change on
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| the behalf of a subscriber in the subscriber's selection of a provider of telecommunications service prior to obtaining:
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(A) authorization from the subscriber; and
(B) verification of that authorization in
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| accordance with the procedures prescribed in this Section.
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The submitting carrier shall maintain and preserve
records of verification of subscriber authorization for a minimum period of 2
years after obtaining such verification.
(3) An executing carrier shall not verify the
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| submission of a change in a subscriber's selection of a provider of telecommunications service received from a submitting carrier. For an executing carrier, compliance with the procedures described in this Section shall be defined as prompt execution, without any unreasonable delay, of changes that have been verified by a submitting carrier.
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(4) Commercial mobile radio services (CMRS) providers
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| shall be excluded from the verification requirements of this Section as long as they are not required to provide equal access to common carriers for the provision of telephone toll services, in accordance with 47 U.S.C. 332(c)(8).
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(5) Where a telecommunications carrier is selling
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| more than one type of telecommunications service (e.g., local exchange, intraLATA/intrastate toll, interLATA/interstate toll, and international toll), that carrier must obtain separate authorization from the subscriber for each service sold, although the authorizations may be made within the same solicitation. Each authorization must be verified separately from any other authorizations obtained in the same solicitation. Each authorization must be verified in accordance with the verification procedures prescribed in this Section.
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(6) No telecommunications carrier shall submit a
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| preferred carrier change order unless and until the order has been confirmed in accordance with one of the following procedures:
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(A) The telecommunications carrier has obtained
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| the subscriber's written or electronically signed authorization in a form that meets the requirements of subsection (d).
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(B) The telecommunications carrier has obtained
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| the subscriber's electronic authorization to submit the preferred carrier change order. Such authorization must be placed from the telephone number or numbers on which the preferred carrier is to be changed and must confirm the information in subsections (b) and (c) of this Section. Telecommunications carriers electing to confirm sales electronically shall establish one or more toll-free telephone numbers exclusively for that purpose. Calls to the toll-free telephone numbers must connect a subscriber to a voice response unit, or similar mechanism, that records the required information regarding the preferred carrier change, including automatically recording the originating automatic number identification.
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(C) An appropriately qualified independent third
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| party has obtained, in accordance with the procedures set forth in paragraphs (7) through (10) of this subsection, the subscriber's oral authorization to submit the preferred carrier change order that confirms and includes appropriate verification data. The independent third party must not be owned, managed, controlled, or directed by the carrier or the carrier's marketing agent; must not have any financial incentive to confirm preferred carrier change orders for the carrier or the carrier's marketing agent; and must operate in a location physically separate from the carrier or the carrier's marketing agent.
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(7) Methods of third party verification. Automated
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| third party verification systems and three-way conference calls may be used for verification purposes so long as the requirements of paragraphs (8) through (10) of this subsection are satisfied.
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(8) Carrier initiation of third party verification. A
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| carrier or a carrier's sales representative initiating a three-way conference call or a call through an automated verification system must drop off the call once the three-way connection has been established.
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(9) Requirements for content and format of third
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| party verification. All third party verification methods shall elicit, at a minimum, the identity of the subscriber; confirmation that the person on the call is authorized to make the carrier change; confirmation that the person on the call wants to make the carrier change; the names of the carriers affected by the change; the telephone numbers to be switched; and the types of service involved. Third party verifiers may not market the carrier's services by providing additional information, including information regarding preferred carrier freeze procedures.
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(10) Other requirements for third party verification.
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| All third party verifications shall be conducted in the same language that was used in the underlying sales transaction and shall be recorded in their entirety. In accordance with the procedures set forth in paragraph (2)(B) of this subsection, submitting carriers shall maintain and preserve audio records of verification of subscriber authorization for a minimum period of 2 years after obtaining such verification. Automated systems must provide consumers with an option to speak with a live person at any time during the call.
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(11) Telecommunications carriers must provide
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| subscribers the option of using one of the authorization and verification procedures specified in paragraph (6) of this subsection in addition to an electronically signed authorization and verification procedure under paragraph (6)(A) of this subsection.
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(d) Letter of agency form and content.
(1) A telecommunications carrier may use a written or
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| electronically signed letter of agency to obtain authorization or verification, or both, of a subscriber's request to change his or her preferred carrier selection. A letter of agency that does not conform with this Section is invalid for purposes of this Section.
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(2) The letter of agency shall be a separate document
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| (or an easily separable document) or located on a separate screen or webpage containing only the authorizing language described in paragraph (5) of this subsection having the sole purpose of authorizing a telecommunications carrier to initiate a preferred carrier change. The letter of agency must be signed and dated by the subscriber to the telephone line or lines requesting the preferred carrier change.
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(3) The letter of agency shall not be combined on the
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| same document, screen, or webpage with inducements of any kind.
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(4) Notwithstanding paragraphs (2) and (3) of this
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| subsection, the letter of agency may be combined with checks that contain only the required letter of agency language as prescribed in paragraph (5) of this subsection and the necessary information to make the check a negotiable instrument. The letter of agency check shall not contain any promotional language or material. The letter of agency check shall contain in easily readable, bold-face type on the front of the check, a notice that the subscriber is authorizing a preferred carrier change by signing the check. The letter of agency language shall be placed near the signature line on the back of the check.
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(5) At a minimum, the letter of agency must be
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| printed with a type of sufficient size and readability to be clearly legible and must contain clear and unambiguous language that confirms:
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(A) The subscriber's billing name and address and
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| each telephone number to be covered by the preferred carrier change order;
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(B) The decision to change the preferred carrier
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| from the current telecommunications carrier to the soliciting telecommunications carrier;
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(C) That the subscriber designates (insert the
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| name of the submitting carrier) to act as the subscriber's agent for the preferred carrier change;
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(D) That the subscriber understands that only one
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| telecommunications carrier may be designated as the subscriber's interstate or interLATA preferred interexchange carrier for any one telephone number. To the extent that a jurisdiction allows the selection of additional preferred carriers (e.g., local exchange, intraLATA/intrastate toll, interLATA/interstate toll, or international interexchange) the letter of agency must contain separate statements regarding those choices, although a separate letter of agency for each choice is not necessary; and
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(E) That the subscriber may consult with the
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| carrier as to whether a fee will apply to the change in the subscriber's preferred carrier.
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(6) Any carrier designated in a letter of agency as a
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| preferred carrier must be the carrier directly setting the rates for the subscriber.
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(7) Letters of agency shall not suggest or require
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| that a subscriber take some action in order to retain the subscriber's current telecommunications carrier.
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(8) If any portion of a letter of agency is
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| translated into another language then all portions of the letter of agency must be translated into that language. Every letter of agency must be translated into the same language as any promotional materials, oral descriptions, or instructions provided with the letter of agency.
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(9) Letters of agency submitted with an
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| electronically signed authorization must include the consumer disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act.
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(10) A telecommunications carrier shall submit a
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| preferred carrier change order on behalf of a subscriber within no more than 60 days after obtaining a written or electronically signed letter of agency.
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(11) If a telecommunications carrier uses a letter of
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| agency, the carrier shall send a letter to the subscriber using first class mail, postage prepaid, no later than 10 days after the telecommunications carrier submitting the change in the subscriber's telecommunications carrier is on notice that the change has occurred. The letter must inform the subscriber of the details of the telecommunications carrier change and provide the subscriber with a toll free number to call should the subscriber wish to cancel the change.
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(e) A switch in a subscriber's selection of a provider of telecommunications
service that
complies with the rules promulgated by the Federal Communications Commission
and any
amendments thereto shall be deemed to be in compliance with the provisions of
this Section.
(f) The Commission shall promulgate any rules necessary to administer this
Section.
The rules promulgated under this Section shall comport with the rules, if any,
promulgated by
the Attorney General pursuant to the Consumer Fraud and Deceptive Business
Practices Act
and with any rules promulgated by the Federal Communications Commission.
(g) Complaints may be filed with the Commission under this Section by a
subscriber
whose telecommunications service has been provided by an unauthorized
telecommunications
carrier as a result of an unreasonable delay, by a subscriber whose
telecommunications carrier
has been changed to another telecommunications carrier in a manner not in
compliance with
this Section,
by a subscriber's authorized telecommunications carrier that has been removed
as a
subscriber's telecommunications carrier in a manner not in compliance with this
Section, by
a subscriber's
authorized submitting carrier whose change order was delayed unreasonably, or
by the
Commission on its own motion. Upon filing of the complaint, the parties may
mutually agree
to submit the complaint to the Commission's established mediation process.
Remedies in the
mediation process may include, but shall not be limited to, the remedies set
forth in this
subsection. In its discretion, the Commission may deny the availability of the
mediation
process and submit the complaint to hearings. If the complaint is not
submitted to mediation
or if no agreement is reached during the mediation process, hearings shall be
held on the
complaint. If, after notice and hearing, the Commission finds that a
telecommunications carrier
has violated this Section or a rule promulgated under this Section, the
Commission may in its
discretion do any one or more of the following:
(1) Require the violating telecommunications carrier
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| to refund to the subscriber all fees and charges collected from the subscriber for services up to the time the subscriber receives written notice of the fact that the violating carrier is providing telecommunications service to the subscriber, including notice on the subscriber's bill. For unreasonable delays wherein telecommunications service is provided by an unauthorized carrier, the Commission may require the violating carrier to refund to the subscriber all fees and charges collected from the subscriber during the unreasonable delay. The Commission may order the remedial action outlined in this subsection only to the extent that the same remedial action is allowed pursuant to rules or regulations promulgated by the Federal Communications Commission.
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|
(2) Require the violating telecommunications carrier
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| to refund to the subscriber charges collected in excess of those that would have been charged by the subscriber's authorized telecommunications carrier.
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|
(3) Require the violating telecommunications carrier
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| to pay to the subscriber's authorized telecommunications carrier the amount the authorized telecommunications carrier would have collected for the telecommunications service. The Commission is authorized to reduce this payment by any amount already paid by the violating telecommunications carrier to the subscriber's authorized telecommunications carrier for those telecommunications services.
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|
(4) Require the violating telecommunications carrier
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| to pay a fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section.
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|
(5) Issue a cease and desist order.
(6) For a pattern of violation of this Section or for
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| intentionally violating a cease and desist order, revoke the violating telecommunications carrier's certificate of service authority.
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|
(Source: P.A. 100-20, eff. 7-1-17 .)
|
(220 ILCS 5/13-903)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-903. Authorization, verification or notification, and dispute
resolution for
covered product and service charges on the telephone bill. (a) Definitions. As used in this Section:
(1) "Subscriber" means a telecommunications carrier's |
| retail business customer served by not more than 20 lines or a retail residential customer.
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|
(2) "Telecommunications carrier" has the meaning
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| given in Section 13-202 of the Public Utilities Act and includes agents and employees of a telecommunications carrier, except that "telecommunications carrier" does not include a provider of commercial mobile radio services (as defined by 47 U.S.C. 332(d)(1)).
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|
(b) Applicability of Section. This Section does not apply to:
(1) changes in a subscriber's local exchange
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| telecommunications service or interexchange telecommunications service;
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|
(2) message telecommunications charges that are
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| initiated by dialing 1+, 0+, 0-, 1010XXX, or collect calls and charges for video services if the service provider has the necessary call detail record to establish the billing for the call or service; and
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|
(3) telecommunications services available on a
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| subscriber's line when the subscriber activates and pays for the services on a per use basis.
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|
(c) Requirements for billing authorized charges. A telecommunications
carrier shall
meet all of the following requirements before submitting charges for any
product or service to
be billed on any subscriber's telephone bill:
(1) Inform the subscriber. The telecommunications
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| carrier offering the product or service must thoroughly inform the subscriber of the product or service being offered, including all associated charges, and explicitly inform the subscriber that the associated charges for the product or service will appear on the subscriber's telephone bill.
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|
(2) Obtain subscriber authorization. The subscriber
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| must have clearly and explicitly consented to obtaining the product or service offered and to having the associated charges appear on the subscriber's telephone bill. The consent must be verified by the service provider in accordance with subsection (d) of this Section. A record of the consent must be maintained by the telecommunications carrier offering the product or service for at least 24 months immediately after the consent and verification were obtained.
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|
(d) Verification or notification. Except in subscriber-initiated
transactions with a
certificated telecommunications carrier for which the telecommunications
carrier has the
appropriate documentation, the telecommunications carrier, after obtaining the
subscriber's
authorization in the required manner, shall either verify the authorization or
notify the
subscriber as follows:
(1) Independent third-party verification:
(A) Verification shall be obtained by an
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| independent third party that:
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|
(i) operates from a facility physically
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| separate from that of the telecommunications carrier;
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|
(ii) is not directly or indirectly managed,
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| controlled, directed, or owned wholly or in part by the telecommunications carrier or the carrier's marketing agent; and
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|
(iii) does not derive commissions or
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| compensation based upon the number of sales confirmed.
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|
(B) The third-party verification agent shall
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| state, and shall obtain the subscriber's acknowledgment of, the following disclosures:
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|
(i) the subscriber's name, address, and the
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| telephone numbers of all telephone lines that will be charged for the product or service of the telecommunications carrier;
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|
(ii) that the person speaking to the third
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| party verification agent is in fact the subscriber;
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|
(iii) that the subscriber wishes to purchase
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| the product or service of the telecommunications carrier and is agreeing to do so;
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|
(iv) that the subscriber understands that the
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| charges for the product or service of the telecommunications carrier will appear on the subscriber's telephone bill; and
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|
(v) the name and customer service telephone
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| number of the telecommunications carrier.
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|
(C) The telecommunications carrier shall retain,
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| electronically or otherwise, proof of the verification of sales for a minimum of 24 months.
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|
(2) Notification. Written notification shall be
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|
(A) the telecommunications carrier shall mail a
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| letter to the subscriber using first class mail, postage prepaid, no later than 10 days after initiation of the product or service;
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|
(B) the letter shall be a separate document sent
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| for the sole purpose of describing the product or service of the telecommunications carrier;
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|
(C) the letter shall be printed with 10-point or
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| larger type and clearly and conspicuously disclose the material terms and conditions of the offer of the telecommunications carrier, as described in paragraph (1) of subsection (c);
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|
(D) the letter shall contain a toll-free
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| telephone number the subscriber can call to cancel the product or service;
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|
(E) the telecommunications carrier shall retain,
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| electronically or otherwise, proof of written notification for a minimum of 24 months; and
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|
(F) written notification can be provided via
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| electronic mail if consumers are given the disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act.
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|
(e) Unauthorized charges.
(1) Responsibilities of the billing
|
| telecommunications carrier for unauthorized charges. If a subscriber's telephone bill is charged for any product or service without proper subscriber authorization and verification or notification of authorization in compliance with this Section, the telecommunications carrier that billed the subscriber, on its knowledge or notification of any unauthorized charge, shall promptly, but not later than 45 days after the date of the knowledge or notification of an unauthorized charge:
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|
(A) notify the product or service provider to
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| immediately cease charging the subscriber for the unauthorized product or service;
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|
(B) remove the unauthorized charge from the
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|
(C) refund or credit to the subscriber all money
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| that the subscriber has paid for any unauthorized charge.
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|
(f) The Commission shall promulgate any rules necessary to ensure that
subscribers are
not billed on the telephone bill for products or services in a manner not in
compliance with this
Section. The rules promulgated under this Section shall comport with the
rules, if any,
promulgated by the Attorney General pursuant to the Consumer Fraud and
Deceptive Business
Practices Act and with any rules promulgated by the Federal Communications
Commission or
Federal Trade Commission.
(g) Complaints may be filed with the Commission under this Section by a
subscriber
who has been billed on the telephone bill for products or services not in
compliance with this
Section or by the Commission on its own motion. Upon filing of the complaint,
the parties
may mutually agree to submit the complaint to the Commission's established
mediation
process. Remedies in the mediation process may include, but shall not be
limited to, the
remedies set forth in paragraphs (1) through (4) of this subsection. In its
discretion, the
Commission may deny the availability of the mediation process and submit the
complaint to
hearings. If the complaint is not submitted to mediation or if no agreement is
reached during
the mediation process, hearings shall be held on the complaint pursuant to
Article X of this
Act. If after notice and hearing, the Commission finds that a
telecommunications carrier has
violated this Section or a rule promulgated under this Section, the Commission
may in its
discretion order any one or more of the following:
(1) Require the violating telecommunications carrier
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| to pay a fine of up to $1,000 into the Public Utility Fund for each repeated and intentional violation of this Section.
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|
(2) Require the violating carrier to refund or cancel
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| all charges for products or services not billed in compliance with this Section.
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|
(3) Issue a cease and desist order.
(4) For a pattern of violation of this Section or for
|
| intentionally violating a cease and desist order, revoke the violating telecommunications carrier's certificate of service authority.
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|
(Source: P.A. 100-20, eff. 7-1-17 .)
|
(220 ILCS 5/15-401)
Sec. 15-401. Licensing.
(a) No person shall operate
as a common carrier by pipeline unless the person
possesses a certificate in good standing authorizing it to operate as a
common carrier by pipeline. No
person shall begin or continue construction of a
pipeline or other facility, other than the repair or
replacement of an existing pipeline or facility, for use
in operations as a common carrier by pipeline unless the
person possesses a certificate in good standing.
(b) Requirements for issuance. The Commission,
after a hearing, shall grant an application for a
certificate authorizing operations as a common carrier by
pipeline, in whole or in part, to the extent that it
finds that the application was properly filed; a public
need for the service exists; the applicant is fit,
willing, and able to provide the service in compliance
with this Act, Commission regulations, and orders; and the
public convenience and necessity requires issuance of the
certificate. Evidence encompassing
any of the factors described in items (1) through (9) of this subsection (b) that is
submitted by the applicant, any other party, or the Commission's staff shall also be
considered by the Commission in determining whether a public need for the service
exists under either current or expected conditions. The changes in this subsection (b) are
intended to be confirmatory of existing law.
In its determination of public convenience and necessity for a proposed
pipeline or facility designed or intended to transport crude oil and any
alternate locations for such proposed pipeline or facility,
the Commission shall consider, but not be limited to, the following:
(1) any evidence presented by the Illinois |
| Environmental Protection Agency regarding the environmental impact of the proposed pipeline or other facility;
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|
(2) any evidence presented by the Illinois
|
| Department of Transportation regarding the impact of the proposed pipeline or facility on traffic safety, road construction, or other transportation issues;
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|
(3) any evidence presented by the Department of
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| Natural Resources regarding the impact of the proposed pipeline or facility on any conservation areas, forest preserves, wildlife preserves, wetlands, or any other natural resource;
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|
(4) any evidence of the effect of the pipeline upon
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| the economy, infrastructure, and public safety presented by local governmental units that will be affected by the proposed pipeline or facility;
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|
(5) any evidence of the effect of the pipeline upon
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| property values presented by property owners who will be affected by the proposed pipeline or facility, provided that the Commission need not hear evidence as to the actual valuation of property such as that as would be presented to and determined by the courts under the Eminent Domain Act;
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|
(6) any evidence presented by the Department of
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| Commerce and Economic Opportunity regarding the current and future local, State-wide, or regional economic effect, direct or indirect, of the proposed pipeline or facility including, but not limited to, property values, employment rates, and residential and business development;
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|
(7) any evidence addressing the factors described in
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| items (1) through (9) of this subsection (b) or other relevant factors that is presented by any other State agency, the applicant, a party, or other entity that participates in the proceeding, including evidence presented by the Commission's staff;
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|
(8) any evidence presented by a State agency or unit
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| of State or local government as to the current and future national, State-wide, or regional economic effects of the proposed pipeline, direct or indirect, as they affect residents or businesses in Illinois, including, but not limited to, such impacts as the ability of manufacturers in Illinois to meet public demand for related services and products and to compete in the national and regional economies, improved access of suppliers to regional and national shipping grids, the ability of the State to access funds made available for energy infrastructure by the federal government, mitigation of foreseeable spikes in price affecting Illinois residents or businesses due to sudden changes in supply or transportation capacity, and the likelihood that the proposed construction will substantially encourage related investment in the State's energy infrastructure and the creation of energy related jobs; and
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|
(9) any evidence presented by any State or federal
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| governmental entity as to how the proposed pipeline or facility will affect the security, stability, and reliability of energy in the State or in the region.
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|
In its written order, the Commission shall address all of the evidence
presented, and if the order is contrary to any of the evidence, the Commission
shall state the reasons for its determination with regard to that evidence.
(c) An application filed pursuant to this Section may request either that the Commission review and approve a specific route for a pipeline, or that the Commission review and approve a project route width that identifies the areas in which the pipeline would be located, with such width ranging from the minimum width required for a pipeline right-of-way up to 500 feet in width. The purpose for allowing the option of review and approval of a project route width is to provide increased flexibility during the construction process to accommodate specific landowner requests, avoid environmentally sensitive areas, or address special environmental permitting requirements.
(d) A common carrier by pipeline may request any other approvals as may be needed from the Commission for completion of the pipeline under Article VIII or any other Article or Section of this Act at the same time, and as part of the same application, as its request for a certificate of good standing under this Section. The Commission's rules shall ensure that notice of such a consolidated application is provided within 30 days after filing to the landowners along a proposed project route, or to the potentially affected landowners within a proposed project route width, using the notification procedures set forth in the Commission's rules. If a consolidated application is submitted, then the requests shall be heard on a consolidated basis and a decision on all issues shall be entered within the time frames stated in subsection (e) of this Section. In such a consolidated proceeding, the Commission may consider evidence relating to the same factors identified in items (1) through (9) of subsection (b) of this Section in granting authority under Section 8-503 of this Act. If the Commission grants approval of a project route width as opposed to a specific project route, then the common carrier by pipeline must, as it finalizes the actual pipeline alignment within the project route width, file its final list of affected landowners with the Commission at least 14 days in advance of beginning construction on any tract within the project route width and also provide the Commission with at least 14 days notice before filing a complaint for eminent domain in the circuit court with regard to any tract within the project route width.
(e) The Commission shall make its determination on any application filed pursuant to this Section and issue its final order within one year after the date that the application is filed unless an extension is granted as provided in this subsection (e). The Commission may extend the one-year time period for issuing a final order on an application filed pursuant to this Section up to an additional 6 months if it finds, following the filing of initial testimony by the parties to the proceeding, that due to the number of affected landowners and other parties in the proceeding and the complexity of the contested issues before it, additional time is needed to ensure a complete review of the evidence. If an extension is granted, then the schedule for the proceeding shall not be further extended beyond this 6-month period, and the Commission shall issue its final order within the 6-month extension period. The Commission shall also have the power to establish an expedited schedule for making its determination on an application filed pursuant to this Section in less than one year if it finds that the public interest requires the setting of such an expedited schedule.
(f) Within 6 months after the Commission's entry of an order approving either a specific
route or a project route width under this Section, the common carrier by pipeline that
receives such order may file supplemental applications for minor route deviations outside
the approved project route width, allowing for additions or changes to the approved
route to address environmental concerns encountered during construction or to
accommodate landowner requests. Notice of a supplemental application shall be
provided to any State agency that appeared in the original proceeding or immediately
affected landowner at the time such supplemental application is filed. The route
deviations shall be approved by the Commission within 45 days, unless a written
objection is filed to the supplemental application within 20 days after the date such
supplemental application is filed. Hearings on any such supplemental application shall
be limited to the reasonableness of the specific variance proposed, and the issues of
public need or public convenience or necessity for the project or fitness of the applicant
shall not be reopened in the supplemental proceeding.
(g) The rules of the Commission may include additional options for expediting the issuance of permits and certificates under this Section. Such rules may provide that, in the event that an applicant elects to use an option provided for in such rules; (1) the applicant must request the use of the expedited process at the time of filing its application for a license or permit with the Commission; (2) the Commission may engage experts and procure additional administrative resources that are reasonably necessary for implementing the expedited process; and (3) the applicant must bear any additional costs incurred by the Commission as a result of the applicant's use of such expedited process.
(h) Duties and obligations of common carriers by
pipeline. Each common carrier by pipeline shall provide
adequate service to the public at reasonable rates and
without discrimination.
(Source: P.A. 97-405, eff. 8-16-11.)
|
(220 ILCS 5/16-102)
Sec. 16-102. Definitions. For the purposes of this
Article the following terms shall be defined as set forth in
this Section.
"Alternative retail electric supplier" means every
person, cooperative, corporation, municipal corporation,
company, association, joint stock company or association,
firm, partnership, individual, or other entity, their lessees,
trustees, or receivers appointed by any court whatsoever, that
offers electric power or energy for sale, lease or in exchange
for other value received to one or more retail customers, or
that engages in the delivery or furnishing of electric power
or energy to such retail customers, and shall include, without
limitation, resellers, aggregators and power marketers, but
shall not include (i) electric utilities (or any agent of the
electric utility to the extent the electric utility provides
tariffed services to retail customers through that agent),
(ii) any electric cooperative or municipal system as defined
in Section 17-100 to the extent that the electric cooperative
or municipal system is serving retail customers within any
area in which it is or would be entitled to provide service
under the law in effect immediately prior to the effective
date of this amendatory Act of 1997, (iii) a public utility
that is owned and operated by any public institution of higher
education of this State, or a public utility that is owned by
such public institution of higher education and operated by
any of its lessees or operating agents, within any area in
which it is or would be entitled to provide service under the
law in effect immediately prior to the effective date of this
amendatory Act of 1997, (iv) a retail customer to the extent
that customer obtains its electric power and energy from that customer's
own cogeneration or self-generation facilities, (v) an
entity that owns, operates, sells, or arranges for the installation of
a customer's own cogeneration or self-generation facilities, but only to
the extent the entity is engaged in
owning,
selling or arranging for the installation of such facility,
or operating the facility
on behalf of such customer, provided however that any such
third party owner or operator of a facility built after
January 1, 1999, complies with the labor provisions of Section 16-128(a) as
though
such third party were an alternative retail
electric supplier,
or (vi) an industrial or
manufacturing customer that owns
its own
distribution facilities, to the extent that the customer provides service from
that distribution system to a third-party contractor located on the customer's
premises that is integrally and predominantly engaged in the customer's
industrial or
manufacturing process; provided, that if the industrial or manufacturing
customer has elected delivery services, the customer shall pay transition
charges applicable to the electric power and energy consumed by the third-party
contractor unless such charges are otherwise paid by the third party
contractor, which shall be calculated based on the usage of, and the base rates
or the contract rates applicable to, the third-party contractor in accordance
with Section 16-102.
An entity that furnishes the service of charging electric vehicles does not and shall not be deemed to sell electricity and is not and shall not be deemed an alternative retail electric supplier, and is not subject to regulation as such under this Act notwithstanding the basis on which the service is provided or billed. If, however, the entity is otherwise deemed an alternative retail electric supplier under this Act, or is otherwise subject to regulation under this Act, then that entity is not exempt from and remains subject to the otherwise applicable provisions of this Act. The installation, maintenance, and repair of an electric vehicle charging station shall comply with the requirements of subsection (a) of Section 16-128 and Section 16-128A of this Act. For purposes of this Section, the term "electric vehicles" has the
meaning ascribed to that term in Section 10 of the Electric Vehicle
Act. "Base rates" means the rates for those tariffed services that the electric
utility is required to offer pursuant to subsection (a) of Section 16-103 and
that were identified in a rate order for collection of the electric
utility's base rate revenue requirement, excluding (i) separate automatic
rate adjustment riders then in effect, (ii) special or negotiated contract
rates, (iii) delivery services tariffs filed pursuant to Section 16-108, (iv)
real-time pricing, or (v) tariffs that were in effect prior to October 1, 1996
and that based charges for services on an index or average of other utilities'
charges, but including (vi) any subsequent redesign of such rates for
tariffed
services that is authorized by the Commission after notice and hearing.
"Competitive service" includes (i) any service that
has been declared to be competitive pursuant to Section
16-113 of this Act, (ii) contract service, and (iii) services,
other than tariffed services, that are related to, but not
necessary for, the provision of electric power and energy or delivery services.
"Contract service" means (1) services, including the
provision of electric power and energy or other services, that
are provided by mutual agreement between an electric utility
and a retail customer that is located in the electric
utility's service area, provided that, delivery services shall
not be a contract service until such services are declared
competitive pursuant to Section 16-113; and also means (2) the
provision of electric power and energy by an electric utility
to retail customers outside the electric utility's service
area pursuant to Section 16-116. Provided, however, contract
service does not include electric utility services provided
pursuant to (i) contracts that retail customers are required
to execute as a condition of receiving tariffed services, or
(ii) special or negotiated rate contracts for electric utility
services that were entered into between an electric utility
and a retail customer prior to the effective date of this
amendatory Act of 1997 and filed with the Commission.
"Delivery services" means those services provided by the
electric utility that are necessary in order for the
transmission and distribution systems to function so that
retail customers located in the electric utility's service
area can receive electric power and energy from suppliers
other than the electric utility, and shall include, without
limitation, standard metering and billing services.
"Electric utility" means a public utility, as defined in
Section 3-105 of this Act, that has a franchise, license,
permit or right to furnish or sell electricity to retail
customers within a service area.
"Mandatory transition period" means the period from the
effective date of this amendatory Act of 1997 through January
1, 2007.
"Municipal system" shall have the meaning set forth in
Section 17-100.
"Real-time pricing" means tariffed retail charges for delivered electric
power and energy that vary
hour-to-hour and are determined from wholesale market prices using a methodology approved by the Illinois Commerce Commission.
"Retail customer" means a single entity using electric
power or energy at a single premises and that (A) either (i)
is receiving or is eligible to receive tariffed services from
an electric utility, or (ii) that is served by a municipal system or electric
cooperative within any area in which the
municipal system or electric cooperative is or would be
entitled to provide service under the law in effect
immediately prior to the effective date of this amendatory Act
of 1997, or (B) an entity which on the effective date of this
Act was receiving electric service from a public utility and
(i) was engaged in the practice of resale and redistribution
of such electricity within a building prior to January 2,
1957, or (ii) was providing lighting services to tenants in a
multi-occupancy building, but only to the extent such resale,
redistribution or lighting service is authorized by the
electric utility's tariffs that were on file with the
Commission on the effective date of this Act.
"Service area" means (i) the geographic area within which
an electric utility was lawfully entitled to provide electric
power and energy to retail customers as of the effective date
of this amendatory Act of 1997, and includes (ii) the location
of any retail customer to which the electric utility was
lawfully providing electric utility services on such effective
date.
"Small commercial retail customer" means those
nonresidential retail customers of an electric utility
consuming 15,000 kilowatt-hours or less of electricity
annually in its service area.
"Tariffed service" means services provided to retail
customers by an electric utility as defined by its rates on
file with the Commission pursuant to the provisions of Article
IX of this Act, but shall not include competitive services.
"Transition charge" means a charge expressed in cents
per kilowatt-hour that is calculated for a customer or class
of customers as follows for each year in which an electric
utility is entitled to recover transition charges as provided
in Section 16-108:
(1) the amount of revenue that an electric utility |
| would receive from the retail customer or customers if it were serving such customers' electric power and energy requirements as a tariffed service based on (A) all of the customers' actual usage during the 3 years ending 90 days prior to the date on which such customers were first eligible for delivery services pursuant to Section 16-104, and (B) on (i) the base rates in effect on October 1, 1996 (adjusted for the reductions required by subsection (b) of Section 16-111, for any reduction resulting from a rate decrease under Section 16-101(b), for any restatement of base rates made in conjunction with an elimination of the fuel adjustment clause pursuant to subsection (b), (d), or (f) of Section 9-220 and for any removal of decommissioning costs from base rates pursuant to Section 16-114) and any separate automatic rate adjustment riders (other than a decommissioning rate as defined in Section 16-114) under which the customers were receiving or, had they been customers, would have received electric power and energy from the electric utility during the year immediately preceding the date on which such customers were first eligible for delivery service pursuant to Section 16-104, or (ii) to the extent applicable, any contract rates, including contracts or rates for consolidated or aggregated billing, under which such customers were receiving electric power and energy from the electric utility during such year;
|
|
(2) less the amount of revenue, other than revenue
|
| from transition charges and decommissioning rates, that the electric utility would receive from such retail customers for delivery services provided by the electric utility, assuming such customers were taking delivery services for all of their usage, based on the delivery services tariffs in effect during the year for which the transition charge is being calculated and on the usage identified in paragraph (1);
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|
(3) less the market value for the electric power and
|
| energy that the electric utility would have used to supply all of such customers' electric power and energy requirements, as a tariffed service, based on the usage identified in paragraph (1), with such market value determined in accordance with Section 16-112 of this Act;
|
|
(4) less the following amount which represents the
|
| amount to be attributed to new revenue sources and cost reductions by the electric utility through the end of the period for which transition costs are recovered pursuant to Section 16-108, referred to in this Article XVI as a "mitigation factor":
|
|
(A) for nonresidential retail customers, an
|
| amount equal to the greater of (i) 0.5 cents per kilowatt-hour during the period October 1, 1999 through December 31, 2004, 0.6 cents per kilowatt-hour in calendar year 2005, and 0.9 cents per kilowatt-hour in calendar year 2006, multiplied in each year by the usage identified in paragraph (1), or (ii) an amount equal to the following percentages of the amount produced by applying the applicable base rates (adjusted as described in subparagraph (1)(B)) or contract rate to the usage identified in paragraph (1): 8% for the period October 1, 1999 through December 31, 2002, 10% in calendar years 2003 and 2004, 11% in calendar year 2005 and 12% in calendar year 2006; and
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|
(B) for residential retail customers, an amount
|
| equal to the following percentages of the amount produced by applying the base rates in effect on October 1, 1996 (adjusted as described in subparagraph (1)(B)) to the usage identified in paragraph (1): (i) 6% from May 1, 2002 through December 31, 2002, (ii) 7% in calendar years 2003 and 2004, (iii) 8% in calendar year 2005, and (iv) 10% in calendar year 2006;
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|
(5) divided by the usage of such customers identified
|
|
provided that the transition charge shall never be less than
zero.
"Unbundled service" means a component or constituent part
of a tariffed service which the electric utility subsequently
offers separately to its customers.
(Source: P.A. 97-1128, eff. 8-28-12.)
|