(220 ILCS 5/10-101.1)
Sec. 10-101.1. Mediation; arbitration; case management.
(a) It is the intent of the General Assembly that proceedings before the
Commission shall be concluded as expeditiously as is possible consistent with
the right of the parties to the due process of law and protection of
the
public interest. It is further the intent of the General Assembly to permit and
encourage voluntary mediation and voluntary binding arbitration of disputes
arising under this Act.
(b) Nothing in this Act shall prevent parties to contested cases brought
before the Commission from resolving those cases, or other disputes arising
under this Act, in part or in their entirety, by agreement of all parties, by
compromise and settlement, or by voluntary mediation; provided, however, that
nothing in this Section shall limit the Commission's authority to conduct such
investigations and enter such orders as it shall deem necessary to enforce the
provisions of this Act or otherwise protect the public interest. Evidence of
conduct or statements made by a party in furtherance of voluntary mediation or
in compromise negotiations is not admissible as evidence should the matter
subsequently be heard by the Commission; provided, however that evidence
otherwise discoverable is not excluded or deemed inadmissible merely because
it is presented in the course of voluntary mediation or compromise
negotiations.
No civil penalty shall be imposed upon parties that reach an agreement pursuant
to the mediation procedures in this Section.
(c) The Commission shall prescribe by rule such procedures and facilities
as are necessary to permit parties to resolve disputes through voluntary
mediation prior to the filing of, or at any point during, the pendency of a
contested matter. Parties to disputes arising under this Act are encouraged to
submit disputes to the Commission for voluntary mediation, which shall not
be binding upon the parties. Submission of a dispute to voluntary mediation
shall
not compromise the right of any party to bring action under this Act.
(d) In any contested case before the Commission, at the Commission's or administrative law judge's
direction or on motion of any party, a case management
conference may be held at such time in the proceeding prior to evidentiary
hearing as the administrative law judge deems proper. Prior to the conference, when
directed to do so, all parties shall file a case management memorandum that
addresses items (1) through (9) as directed by the administrative law judge.
At the conference, the following shall be considered:
(1) the identification and simplification of the |
| issues; provided, however, that the identification of issues by a party shall not foreclose that party from raising such other meritorious issues as that party might subsequently identify;
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(2) amendments to the pleadings;
(3) the possibility of obtaining admissions of fact
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| and of documents which will avoid unnecessary proof;
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(4) limitations on discovery including:
(A) the area of expertise and the number of
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| witnesses who will likely be called; provided, however, that the identification of witnesses by a party shall not foreclose that party from producing such other witnesses as that party might subsequently identify; and
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(B) schedules for responses to and completion of
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| discovery; provided, however, that such responses shall under no circumstances be provided later than 28 days after such discovery or requests are served, unless the administrative law judge shall order or the parties agree to some other time period for response;
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(5) the possibility of settlement and scheduling of a
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(6) the advisability of alternative dispute
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| resolution including, but not limited to, mediation or arbitration;
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(7) the date on which the matter should be ready for
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| evidentiary hearing and the likely duration of the hearing;
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(8) the advisability of holding subsequent case
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| management conferences; and
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(9) any other matters that may aid in the disposition
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(e) The Commission is hereby authorized, if requested by all parties to
any complaint brought under this Act, to arbitrate the complaint and to enter a
binding arbitration award disposing of the complaint. The Commission shall
prescribe by rule procedures for arbitration.
(Source: P.A. 100-840, eff. 8-13-18.)
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(220 ILCS 5/10-110) (from Ch. 111 2/3, par. 10-110)
Sec. 10-110.
At the time fixed for any hearing upon a complaint, the
complainant and the person or corporation complained of, and such persons
or corporations as the Commission may allow to intervene, shall be entitled
to be heard and to introduce evidence. The Commission shall issue process
to enforce the attendance of all necessary witnesses. At the conclusion of
such hearing the Commission shall make and render findings concerning the
subject matter and facts inquired into and enter its order based thereon. A
copy of such order, certified under the seal of the Commission, shall be
served upon the person or corporation complained of, or his or its
attorney, which order shall, of its own force, take effect and become
operative twenty days after the service thereof, except as otherwise
provided, and shall continue in force either for a period which may be
designated therein or until changed or abrogated by the Commission. Where
an order cannot, in the judgment of the Commission, be complied with within
twenty days, the Commission may prescribe such additional time as in its
judgment is reasonably necessary to comply with the order, and may, on
application and for good cause shown, extend the time for compliance fixed
in its order. A full and complete record shall be preserved of all
proceedings had before the Commission, or any member thereof, or any administrative law judge, on any formal hearing had, and all testimony shall
be taken down by a stenographer appointed by the Commission, and the
parties shall be entitled to be heard in person or by attorney.
In any proceeding involving a public
utility in which the lawfulness of any of its rates or other charges shall
be called in question by any person or corporation furnishing a commodity
or service in competition with said public utility at prices or charges not
subject to regulation, the Commission may investigate the competitive
prices or other charges demanded or received by such person or corporation
for such commodity or service, including the rates or other charges
applicable to the transportation thereof. The Commission may, on its own
motion or that of any party to such proceeding, issue subpoenas to secure
the appearance of witnesses or the production of books, papers, accounts
and documents necessary to ascertain the prices, rates or other charges for
such commodity or service or for the transportation thereof, and shall
dismiss from such proceeding any party failing to comply with a subpoena so
issued.
In case of an appeal from any order or decision of the Commission, under
the terms of Sections 10-201 and 10-202 of this Act, a transcript of such
testimony, together with all exhibits or copies thereof introduced and all
information secured by the Commission on its own initiative and considered
by it in rendering its order or decision (and required by this Act to be
made a part of its records) and of the pleadings, records and proceedings
in the case, including transcripts of Commission meetings prepared in accordance with Section 10-102 of this Act, shall constitute the record of the Commission: Provided, that
on appeal from an order or decision of the Commission, the person or
corporation taking the appeal and the Commission may stipulate that a
certain question or certain questions alone and a specified portion only of
the evidence shall be certified to the court for its judgment, whereupon
such stipulation and the question or questions and the evidence therein
specified shall constitute the record on appeal.
Copies of all official documents and orders filed or deposited according
to law in the office of the Commission, certified by the Chairman of
the Commission or his or her designee to be true
copies of the originals, under
the official seal of the Commission, shall be evidence in like manner as
the originals.
In any matter concerning which the Commission is authorized to hold a
hearing, upon complaint or application or upon its own motion, notice shall
be given to the public utility and to such other interested persons as the
Commission shall deem necessary in the manner provided in
Section 10-108, and the hearing shall be conducted in like manner as if
complaint
had been made to or by the Commission. But nothing in this Act shall be
taken to limit or restrict the power of the Commission, summarily, of its
own motion, with or without notice, to conduct any investigations or
inquiries authorized by this Act, in such manner and by such means as it
may deem proper, and to take such action as it may deem necessary in
connection therewith. With respect to any rules, regulations, decisions or
orders which the Commission is authorized to issue without a hearing, and
so issues, any public utility or other person or corporation affected
thereby and deeming such rules, regulations, decisions or orders, or any of
them, improper, unreasonable or contrary to law, may apply for a hearing
thereon, setting forth specifically in such application every ground of
objection which the applicant desires to urge against such rule,
regulation, decision or order. The Commission may, in its discretion, grant
or deny the application, and a hearing, if had, shall be subject to the
provisions of this and the preceding Sections.
(Source: P.A. 100-840, eff. 8-13-18.)
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(220 ILCS 5/10-113) (from Ch. 111 2/3, par. 10-113)
Sec. 10-113.
Rescission or hearing of order.
(a) Anything in this Act to the contrary notwithstanding, the
Commission may at any time, upon notice to the public utility affected, and
after opportunity to be heard as provided in the case of complaints,
rescind, alter or amend any rule, regulation, order or decision made by it.
Any order rescinding, altering or amending a prior rule, regulation, order
or decision shall, when served upon the public utility affected, have the
same effect as is herein provided for original rules, regulations, orders
or decisions. Within 30 days after the service of any rule or regulation,
order or decision of the Commission any party to the action or proceeding
may apply for a rehearing in respect to any matter determined in said
action or proceeding and specified in the application for rehearing. The
Commission shall receive and consider such application and shall grant or
deny such application in whole or in part within 20 days from the date of
the receipt thereof by the Commission. In case the application for
rehearing is granted in whole or in part the Commission shall proceed as
promptly as possible to consider such rehearing as allowed. No appeal shall
be allowed from any rule, regulation, order or decision of the Commission
unless and until an application for a rehearing thereof shall first have
been filed with and finally disposed of by the Commission: provided,
however, that in case the Commission shall fail to grant or deny an
application for a rehearing in whole or in part within 20 days from the
date of the receipt thereof, or shall fail to enter a final order upon
rehearing within 150 days after such rehearing is granted, the application
for rehearing shall be deemed to have been denied and finally disposed of,
and an order to that effect shall be deemed to have been served, for the
purpose of an appeal from the rule, regulation, order or decision covered
by such application. No person or corporation in any appeal shall urge or
rely upon any grounds not set forth in such application for a rehearing
before the Commission. An application for rehearing shall not excuse any
corporation or person from complying with and obeying any rule, regulation,
order or decision or any requirement of any rule, regulation, order or
decision of the Commission theretofore made, or operate in any manner to
stay or postpone the enforcement thereof, except in such cases and upon
such terms as the Commission may by order direct. If, after such rehearing
and consideration of all the facts, including those arising since the
making of the rule, regulation, order or decision, the Commission shall be
of the opinion that the original rule, regulation, order or decision or any
part thereof is in any respect unjust or unwarranted, or should be changed,
the Commission may rescind, alter or amend the same. A rule, regulation,
order or decision made after such rehearing, rescinding, altering or
amending the original rule, regulation, order or decision shall have the
same force and effect as an original rule, regulation, order or decision,
but shall not affect any right or the enforcement of any right arising from
or by virtue of the original rule, regulation, order or decision unless so
ordered by the Commission. Only one rehearing shall be granted by the
Commission; but this shall not be construed to prevent any party from
filing a petition setting up a new and different state of facts after 2
years, and invoking the action of the Commission thereon.
(b) Notwithstanding any contrary or inconsistent provision in the Illinois
Administrative Procedure Act, the Commission may, in accordance with this
Section, make a change in a rule or regulation adopted or modified pursuant to
Section 5-40 of the Illinois Administrative Procedure Act, upon consideration
of an application for rehearing of the Commission's order directing that the
rule or regulation be filed with the Secretary of State and published in the
Illinois Register pursuant to subsection (d) of Section 5-40. The Commission
shall provide the parties to the original hearing in which the rule was adopted
or modified no less than 7 days notice to provide responses to the change the
Commission proposes to make. Any such change shall be based upon evidence
submitted in the record in the original hearing or in the rehearing. If the
Commission makes such a substantive change in the rule or regulation pursuant
to this subsection, it shall provide notice of the amendment to the rule or
regulation to the Joint Committee on Administrative Rules in accordance with
subsection (c) of Section 5-40, and shall thereafter comply with the
requirements of subsection (d) of Section 5-40 with respect to the rule or
regulation as amended. The running of the time period specified in subsection
(e) of Section 5-40 of the Illinois Administrative Procedure Act for completing
a rulemaking proceeding shall be tolled for the period of time necessary for
the Commission to receive and consider an application for rehearing and to
conduct any proceedings on rehearing, provided, that such tolling shall not
serve to extend any of the time periods provided for in subsection (a) of this
Section.
(Source: P.A. 90-561, eff. 12-16-97.)
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(220 ILCS 5/10-201) (from Ch. 111 2/3, par. 10-201)
Sec. 10-201. (a) Jurisdiction. Within 35 days from the date that
a copy of the order or decision sought to be reviewed was served upon the party
affected by any order or decision of the Commission refusing an application for
a rehearing of any rule, regulation, order or decision of the Commission,
including any order granting or denying interim rate relief, or within 35 days
from the date that a copy of the order or decision sought to be reviewed was
served upon the party affected by any final order or decision of the Commission
upon and after a rehearing of any rule, regulation, order or decision of the
Commission, including any order granting or denying interim rate relief, any
person or corporation affected by such rule, regulation, order or decision, may
appeal to the appellate court of the judicial district in which the subject
matter of the hearing is situated, or if the subject matter of the hearing is
situated in more than one district, then of any one of such districts, for the
purpose of having the reasonableness or lawfulness of the rule, regulation,
order or decision inquired into and determined.
The court first acquiring jurisdiction of any appeal from any rule,
regulation, order or decision shall have and retain jurisdiction of such appeal
and of all further appeals from the same rule, regulation, order or decision
until such appeal is disposed of in such appellate court.
(b) Pleadings and record. No proceeding to contest any rule,
regulation, decision or order which the Commission is authorized to issue
without a hearing and has so issued shall be brought in any court unless
application shall have been first made to the Commission for a hearing
thereon and until after such application has been acted upon by the
Commission, nor shall any person or corporation in any court urge or rely
upon any grounds not set forth in such application for a hearing before the
Commission, but the Commission shall decide the questions presented by the
application with all possible expedition consistent with the duties of the
Commission. The party taking such an appeal shall file with the Commission
written notice of the appeal. The Commission, upon the
filing of such notice of appeal, shall, within 5 days thereafter, file with
the clerk of the appellate court to which such appeal is taken a certified
copy of the order appealed. The Commission shall prepare a copy of the transcript
of the evidence, including exhibits and transcripts of Commission meetings prepared in accordance with Section 10-102 of this Act, or any portion of the record designated in a stipulation that only
certain questions are involved on appeal, which stipulation is to be
included in the record provided for in Section 10-110. The Commission shall
certify the record and file the same with the clerk of the appellate court to
which such appeal is taken within 35 days of the filing of the notice of appeal. The party serving such notice of appeal shall,
within 5 days after the service of such notice upon the Commission, file a
copy of the notice, with proof of service, with the clerk of the court to
which such appeal is taken, and thereupon the appellate court shall have
jurisdiction over the appeal. The appeal shall be heard according to the
rules governing other civil cases, so far as the same are applicable.
(c) No appellate court shall permit a
party affected by any rule, regulation, order or decision of the Commission
to intervene or become a party plaintiff or appellant in such court who has
not taken an appeal from such rule, regulation, order or decision in the
manner as herein provided.
(d) No new or additional evidence may be introduced in any
proceeding upon appeal from a rule, regulation, order or decision of the
Commission, issued or confirmed after a hearing, but the appeal shall be
heard on the record of the Commission as certified by it. The findings and
conclusions of the Commission on questions of fact shall be held prima
facie to be true and as found by the Commission; rules, regulations, orders
or decisions of the Commission shall be held to be prima facie reasonable,
and the burden of proof upon all issues raised by the appeal shall
be upon the person or corporation appealing from such rules, regulations,
orders or decisions.
(e) Powers and duties of reviewing court:
(i) An appellate court to which any such appeal is |
| taken shall have the power, and it shall be its duty, to hear and determine such appeal with all convenient speed. Any proceeding in any court in this State directly affecting a rule, regulation, order or decision of the Commission, or to which the Commission is a party, shall have priority in hearing and determination over all other civil proceedings pending in such court, excepting election contests.
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(ii) If it appears that the Commission failed to
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| receive evidence properly proffered, on a hearing or a rehearing, or an application therefor, the court shall remand the case, in whole or in part, to the Commission with instructions to receive the testimony so proffered and rejected, and to enter a new order based upon the evidence theretofore taken, and such new evidence as it is directed to receive, unless it shall appear that such new evidence would not be controlling, in which case the court shall so find in its order. If the court remands only part of the Commission's rule, regulation, order or decision, it shall determine without delay the lawfulness and reasonableness of any independent portions of the rule, regulation, order or decision subject to appeal.
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(iii) If the court determines that the Commission's
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| rule, regulation, order or decision does not contain findings or analysis sufficient to allow an informed judicial review thereof, the court shall remand the rule, regulation, order or decision, in whole or in part, with instructions to the Commission to make the necessary findings or analysis.
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(iv) The court shall reverse a Commission rule,
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| regulation, order or decision, in whole or in part, if it finds that:
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A. The findings of the Commission are not
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| supported by substantial evidence based on the entire record of evidence presented to or before the Commission for and against such rule, regulation, order or decision; or
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B. The rule, regulation, order or decision is
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| without the jurisdiction of the Commission; or
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C. The rule, regulation, order or decision is in
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| violation of the State or federal constitution or laws; or
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D. The proceedings or manner by which the
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| Commission considered and decided its rule, regulation, order or decision were in violation of the State or federal constitution or laws, to the prejudice of the appellant.
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(v) The court may affirm or reverse the rule,
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| regulation, order or decision of the Commission in whole or in part, or remand the decision in whole or in part where a hearing has been held before the Commission, and state the questions requiring further hearings or proceedings and give such other instructions as may be proper.
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(vi) When the court remands a rule, regulation, order
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| or decision of the Commission, in whole or in part, the Commission shall enter its final order with respect to the remanded rule, regulation, order or decision no later than 6 months after the date of issuance of the court's mandate. The Commission shall enter its final order, with respect to any remanded matter pending before it on the effective date of this amendatory Act of 1988, no later than 6 months after the effective date of this amendatory Act of 1988. However, when the court mandates, or grants an extension of time which the court determines to be necessary for, the taking of additional evidence, the Commission shall enter an interim order within 6 months after the issuance of the mandate (or within 6 months after the effective date of this amendatory Act of 1988 in the case of a remanded matter pending before it on the effective date of this amendatory Act of 1988), and the Commission shall enter its final order within 5 months after the date the interim order was entered.
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(f) When no appeal is taken from a rule, regulation, order or decision of
the Commission, as herein provided, parties affected by such rule,
regulation, order or decision, shall be deemed to have waived the right to
have the merits of the controversy reviewed by a court and there shall be
no trial of the merits of any controversy in which such rule, regulation,
order or decision was made, by any court to which application may be made
for the enforcement of the same, or in any other judicial proceedings.
(Source: P.A. 100-840, eff. 8-13-18.)
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(220 ILCS 5/10-204) (from Ch. 111 2/3, par. 10-204)
Sec. 10-204.
(a) The pendency of an appeal shall not of itself stay or
suspend the operation of the rule, regulation, order or decision of the
Commission, but during the pendency of the appeal the reviewing court may
in its discretion stay or suspend, in whole or in part, the operation of
the Commission's rule, regulation, order or decision.
Any stocks or stock certificates, bonds, notes, or other evidence of
indebtedness issued pursuant to and in accordance with an order of the
Commission shall be valid and binding in accordance with their terms
notwithstanding such order of the Commission is later vacated, modified, or
otherwise held to be wholly or partly invalid unless operation of such order
of the Commission has been stayed or suspended by the
reviewing court prior to such issuance.
(b) No order so staying or suspending a rule, regulation, order or decision
of the Commission shall be made by the court otherwise than upon 3 days'
notice to the Commission and after a hearing, and if the rule, regulation,
order or decision of the Commission is suspended, the order suspending the
same shall contain a specific finding based upon evidence submitted to the
court, and identified by reference thereto, that great or irreparable
damage would otherwise result to the petitioner, and specifying the nature
of the damage.
(c) In case the rule, regulation, order or decision of the Commission is
stayed or suspended, the order of the court shall not become effective
until a suspending bond shall first have been executed and filed with, and
approved by the Commission (or approved, on review, by the court) payable
to the people of the State of Illinois, and sufficient in amount and
security to insure the prompt payment, by the party petitioning for the
review, of all damages caused by the delay in the enforcement of the rule,
regulation, order or decision of the Commission, and of all moneys which
any person or corporation may be compelled to pay, pending the review
proceedings, for transportation, transmission, product, commodity or
service in excess of the charges fixed by the rule, regulation, order or
decision of the Commission, in case said rule, regulation, order or
decision is sustained. However, no bond shall be required in the case of
any stay or suspension granted on application of the State or people of the
State, represented by the Attorney General or Public Counsel, or of any
city or other governmental body. The court in case it stays or suspends the
rule, regulation, order or
decision of the Commission in any manner affecting rates or other charges or
classifications, may in its discretion, also by order direct the public
utility affected to pay into court, from time to time thereto to be
impounded until the final decision of the case or into some bank or trust
company paying interest on deposits, under such conditions as the court may
prescribe, all sums of money which it may collect from any corporation or
person in excess of the sum such corporation or person would have been
compelled to pay if the rule, regulation, order or decision of the
Commission had not been stayed or suspended.
(d) When any rate or other charge has been in force for any length of time
exceeding one year, and that rate or other charge is advanced by the public
utility and the order of the Commission reinstates that prior rate or
other charge, in whole or in part, no suspending order shall be allowed in
any case from the reinstating order pending the final determination of the
case in the reviewing court, pending the final determination
by such reviewing court.
(Source: P.A. 100-840, eff. 8-13-18.)
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(220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102) (Section scheduled to be repealed on January 1, 2030) Sec. 13-102. Findings. With respect to telecommunications services, as herein defined, the General Assembly finds that: (a) universally available and widely affordable |
| telecommunications services are essential to the health, welfare and prosperity of all Illinois citizens;
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(b) federal regulatory and judicial rulings in the
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| 1980s caused a restructuring of the telecommunications industry and opened some aspects of the industry to competitive entry, thereby necessitating revision of State telecommunications regulatory policies and practices;
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(c) revisions in telecommunications regulatory
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| policies and practices in Illinois beginning in the mid-1980s brought the benefits of competition to consumers in many telecommunications markets, but not in local exchange telecommunications service markets;
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(d) the federal Telecommunications Act of 1996
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| established the goal of opening all telecommunications service markets to competition and accords to the states the responsibility to establish and enforce policies necessary to attain that goal;
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(e) it is in the immediate interest of the People of
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| the State of Illinois for the State to exercise its rights within the new framework of federal telecommunications policy to ensure that the economic benefits of competition in all telecommunications service markets are realized as effectively as possible;
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(f) the competitive offering of all
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| telecommunications services will increase innovation and efficiency in the provision of telecommunications services and may lead to reduced prices for consumers, increased investment in communications infrastructure, the creation of new jobs, and the attraction of new businesses to Illinois;
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(g) protection of the public interest requires
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| changes in the regulation of telecommunications carriers and services to ensure, to the maximum feasible extent, the reasonable and timely development of effective competition in all telecommunications service markets;
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(h) Illinois residents rely on today's modern wired
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| and wireless Internet Protocol (IP) networks and services to improve their lives by connecting them to school and college degrees, work and job opportunities, family and friends, information, and entertainment, as well as emergency responders and public safety officials; Illinois businesses rely on these modern IP networks and services to compete in a global marketplace by expanding their customer base, managing inventory and operations more efficiently, and offering customers specialized and personalized products and services; without question, Illinois residents and our State's economy rely profoundly on the modern wired and wireless IP networks and services in our State;
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(i) the transition from 20th century traditional
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| circuit switched and other legacy telephone services to modern 21st century next generation Internet Protocol (IP) services is taking place at an extraordinary pace as Illinois consumers are upgrading to home communications service using IP technology, including high speed Internet, Voice over Internet Protocol, and wireless service;
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(j) this rapid transition to IP-based communications
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| has dramatically transformed the way people communicate and has provided significant benefits to consumers in the form of innovative functionalities resulting from the seamless convergence of voice, video, and text, benefits realized by the General Assembly when it chose to transition its own telecommunications system to an all IP communications network in 2016;
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(k) the benefits of the transition to IP-based
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| networks and services were also recognized by the General Assembly in 2015 through the enactment of legislation requiring that every 9-1-1 emergency system in Illinois provide Next Generation 9-1-1 service by July 1, 2020, and requiring that the Next Generation 9-1-1 network must be an IP-based platform; and
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(l) completing the transition to all IP-based
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| networks and technologies is in the public interest because it will promote continued innovation, consumer benefits, increased efficiencies, and increased investment in IP-based networks and services.
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(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103) (Section scheduled to be repealed on January 1, 2030) Sec. 13-103. Policy. Consistent with its findings, the General Assembly declares that it is the policy of the State of Illinois that: (a) telecommunications services should be available |
| to all Illinois citizens at just, reasonable, and affordable rates and that such services should be provided as widely and economically as possible in sufficient variety, quality, quantity and reliability to satisfy the public interest;
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(b) consistent with the protection of consumers of
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| telecommunications services and the furtherance of other public interest goals, competition in all telecommunications service markets should be pursued as a substitute for regulation in determining the variety, quality and price of telecommunications services and that the economic burdens of regulation should be reduced to the extent possible consistent with the furtherance of market competition and protection of the public interest;
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(c) all necessary and appropriate modifications to
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| State regulation of telecommunications carriers and services should be implemented without unnecessary disruption to the telecommunications infrastructure system or to consumers of telecommunications services and that it is necessary and appropriate to establish rules to encourage and ensure orderly transitions in the development of markets for all telecommunications services;
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(d) the consumers of telecommunications services and
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| facilities provided by persons or companies subject to regulation pursuant to this Act and Article should be required to pay only reasonable and non-discriminatory rates or charges and that in no case should rates or charges for non-competitive telecommunications services include any portion of the cost of providing competitive telecommunications services, as defined in Section 13-209, or the cost of any nonregulated activities;
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(e) the regulatory policies and procedures provided
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| in this Article are established in recognition of the changing nature of the telecommunications industry and therefore should be subject to systematic legislative review to ensure that the public benefits intended to result from such policies and procedures are fully realized;
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(f) development of and prudent investment in advanced
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| telecommunications services and networks that foster economic development of the State should be encouraged through the implementation and enforcement of policies that promote effective and sustained competition in all telecommunications service markets; and
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(g) completion of the transition to modern IP-based
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| networks should be encouraged through relief from the outdated regulations that require continued investment in legacy circuit switched networks from which Illinois consumers have largely transitioned, while at the same time ensuring that consumers have access to available alternative services that provide quality voice service and access to emergency communications.
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(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202) (Section scheduled to be repealed on January 1, 2030) Sec. 13-202. "Telecommunications carrier" means and includes every corporation, company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees or receivers appointed by any court whatsoever that owns, controls, operates or manages, within this State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in the provision of, telecommunications services between points within the State which are specified by the user. "Telecommunications carrier" includes an Electing Provider, as defined in Section 13-506.2. Telecommunications carrier does not include, however: (a) telecommunications carriers that are owned and |
| operated by any political subdivision, public or private institution of higher education or municipal corporation of this State, for their own use, or telecommunications carriers that are owned by such political subdivision, public or private institution of higher education, or municipal corporation and operated by any of its lessees or operating agents, for their own use;
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(b) telecommunications carriers which are purely
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| mutual concerns, having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person but does include telephone or telecommunications cooperatives as defined in Section 13-212;
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(c) a company or person which provides
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| telecommunications services solely to itself and its affiliates or members or between points in the same building, or between closely located buildings, affiliated through substantial common ownership, control or development; or
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(d) a company or person engaged in the delivery of
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| community antenna television services as described in subdivision (c) of Section 13-203, except with respect to the provision of telecommunications services by that company or person.
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(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203) (Section scheduled to be repealed on January 1, 2030) Sec. 13-203. Telecommunications service. "Telecommunications service" means the provision or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of information, by means of electromagnetic, including light, transmission with or without benefit of any closed transmission medium, including all instrumentalities, facilities, apparatus, and services (including the collection, storage, forwarding, switching, and delivery of such information) used to provide such transmission and also includes access and interconnection arrangements and services. "Telecommunications service" does not include, however: (a) the rent, sale, or lease, or exchange for other |
| value received, of customer premises equipment except for customer premises equipment owned or provided by a telecommunications carrier and used for answering 911 calls, and except for customer premises equipment provided under Section 13-703;
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(b) telephone or telecommunications answering
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| services, paging services, and physical pickup and delivery incidental to the provision of information transmitted through electromagnetic, including light, transmission;
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(c) community antenna television service which is
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| operated to perform for hire the service of receiving and distributing video and audio program signals by wire, cable or other means to members of the public who subscribe to such service, to the extent that such service is utilized solely for the one-way distribution of such entertainment services with no more than incidental subscriber interaction required for the selection of such entertainment service.
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The Commission may, by rulemaking, exclude (1) private line service which is not directly or indirectly used for the origination or termination of switched telecommunications service, (2) cellular radio service, (3) high-speed point-to-point data transmission at or above 9.6 kilobits, or (4) the provision of telecommunications service by a company or person otherwise subject to Section 13-202 (c) to a telecommunications carrier, which is incidental to the provision of service subject to Section 13-202 (c), from active regulatory oversight to the extent it finds, after notice, hearing and comment that such exclusion is consistent with the public interest and the purposes and policies of this Article. To the extent that the Commission has excluded cellular radio service from active regulatory oversight for any provider of cellular radio service in this State pursuant to this Section, the Commission shall exclude all other providers of cellular radio service in the State from active regulatory oversight without an additional rulemaking proceeding where there are 2 or more certified providers of cellular radio service in a geographic area.
(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301) (Section scheduled to be repealed on January 1, 2030) Sec. 13-301. Duties of the Commission. (1) Consistent with the findings and policy established in paragraph (a) of Section 13-102 and paragraph (a) of Section 13-103, and in order to ensure the attainment of such policies, the Commission shall: (a) participate in all federal programs intended to |
| preserve or extend universal telecommunications service, unless such programs would place cost burdens on Illinois customers of telecommunications services in excess of the benefits they would receive through participation, provided, however, the Commission shall not approve or permit the imposition of any surcharge or other fee designed to subsidize or provide a waiver for subscriber line charges; and shall report on such programs together with an assessment of their adequacy and the advisability of participating therein in its annual report to the General Assembly, or more often as necessary;
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(b) (blank);
(c) order all telecommunications carriers offering or
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| providing local exchange telecommunications service to propose low-cost or budget service tariffs and any other rate design or pricing mechanisms designed to facilitate customer access to such telecommunications service, provided that services offered by any telecommunications carrier at the rates, terms, and conditions specified in Section 13-506.2 or Section 13-518 of this Article shall constitute compliance with this Section. A telecommunications carrier may seek Commission approval of other low-cost or budget service tariffs or rate design or pricing mechanisms to comply with this Section;
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(d) investigate the necessity of and, if appropriate,
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| establish a universal service support fund from which local exchange telecommunications carriers who pursuant to the Twenty-Seventh Interim Order of the Commission in Docket No. 83-0142 or the orders of the Commission in Docket No. 97-0621 and Docket No. 98-0679 received funding and whose economic costs of providing services for which universal service support may be made available exceed the affordable rate established by the Commission for such services may be eligible to receive support, less any federal universal service support received for the same or similar costs of providing the supported services; provided, however, that if a universal service support fund is established, the Commission shall require that all costs of the fund be recovered from all local exchange and interexchange telecommunications carriers certificated in Illinois on a competitively neutral and nondiscriminatory basis. In establishing any such universal service support fund, the Commission shall, in addition to the determination of costs for supported services, consider and make findings pursuant to subsection (2) of this Section. Proxy cost, as determined by the Commission, may be used for this purpose. In determining cost recovery for any universal service support fund, the Commission shall not permit recovery of such costs from another certificated carrier for any service purchased and used solely as an input to a service provided to such certificated carrier's retail customers.
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(2) In any order creating a fund pursuant to paragraph (d) of subsection (1), the Commission, after notice and hearing, shall:
(a) Define the group of services to be declared
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| "supported telecommunications services" that constitute "universal service". This group of services shall, at a minimum, include those services as defined by the Federal Communications Commission and as from time to time amended. In addition, the Commission shall consider the range of services currently offered by telecommunications carriers offering local exchange telecommunications service, the existing rate structures for the supported telecommunications services, and the telecommunications needs of Illinois consumers in determining the supported telecommunications services. The Commission shall, from time to time or upon request, review and, if appropriate, revise the group of Illinois supported telecommunications services and the terms of the fund to reflect changes or enhancements in telecommunications needs, technologies, and available services.
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(b) Identify all implicit subsidies contained in
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| rates or charges of incumbent local exchange carriers, including all subsidies in interexchange access charges, and determine how such subsidies can be made explicit by the creation of the fund.
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(c) Establish an affordable price for the supported
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| telecommunications services for the respective incumbent local exchange carrier. The affordable price shall be no less than the rates in effect at the time the Commission creates a fund pursuant to this item. The Commission may establish and utilize indices or models for updating the affordable price for supported telecommunications services.
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(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-304) (Section scheduled to be repealed on January 1, 2030) Sec. 13-304. Action to recover civil penalties. (a) The Commission shall assess and collect all civil penalties established under this Act against telecommunications carriers, corporations other than telecommunications carriers, and persons acting as telecommunications carriers. Except for the penalties provided under Section 2-202, civil penalties may be assessed only after notice and opportunity to be heard. Any such civil penalty may be compromised by the Commission. In determining the amount of the civil penalty to be assessed, or the amount of the civil penalty to be compromised, the Commission is authorized to consider any matters of record in aggravation or mitigation of the penalty, including but not limited to the following: (1) the duration and gravity of the violation of the |
| Act, the rules, or the order of the Commission;
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(2) the presence or absence of due diligence on the
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| part of the violator in attempting either to comply with requirements of the Act, the rules, or the order of the Commission, or to secure lawful relief from those requirements;
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(3) any economic benefits accrued by the violator
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| because of the delay in compliance with requirements of the Act, the rules, or the order of the Commission; and
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(4) the amount of monetary penalty that will serve to
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| deter further violations by the violator and to otherwise aid in enhancing voluntary compliance with the Act, the rules, or the order of the Commission by the violator and other persons similarly subject to the Act.
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(b) If timely judicial review of a Commission order that imposes a civil penalty is taken by a telecommunications carrier, a corporation other than a telecommunications carrier, or a person acting as a telecommunications carrier on whom or on which the civil penalty has been imposed, the reviewing court shall enter a judgment on all amounts upon affirmance of the Commission order. If timely judicial review is not taken and the civil penalty remains unpaid for 60 days after service of the order, the Commission in its discretion may either begin revocation proceedings or bring suit to recover the penalties. Unless stayed by a reviewing court, interest shall accrue from the 60th day after the date of service of the Commission order to the date full payment is received by the Commission.
(c) Actions to recover delinquent civil penalties under this Section shall be brought in the name of the People of the State of Illinois in the circuit court in and for the county in which the cause, or some part thereof, arose, or in which the entity complained of resides. The action shall be commenced and prosecuted to final judgement by the Commission. In any such action, all interest incurred up to the time of final court judgment may be recovered in that action. In all such actions, the procedure and rules of evidence shall be the same as in ordinary civil actions, except as otherwise herein provided. Any such action may be compromised or discontinued on application of the Commission upon such terms as the court shall approve and order.
(d) Civil penalties related to the late filing of reports, taxes, or other filings shall be paid into the State treasury to the credit of the Public Utility Fund. Except as otherwise provided in this Act, all other fines and civil penalties shall be paid into the State treasury to the credit of the General Revenue Fund.
(Source: P.A. 100-20, eff. 7-1-17 .)
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(220 ILCS 5/13-305) (Section scheduled to be repealed on January 1, 2030) Sec. 13-305. Amount of civil penalty. A telecommunications carrier, any corporation other than a telecommunications carrier, or any person acting as a telecommunications carrier that violates or fails to comply with any provisions of this Act or that fails to obey, observe, or comply with any order, decision, rule, regulation, direction, or requirement, or any part or provision thereof, of the Commission, made or issued under authority of this Act, in a case in which a civil penalty is not otherwise provided for in this Act, but excepting Section 5-202 of the Act, shall be subject to a civil penalty imposed in the manner provided in Section 13-304 of no more than $30,000 or 0.00825% of the carrier's gross intrastate annual telecommunications revenue, whichever is greater, for each offense unless the violator has fewer than 35,000 subscriber access lines, in which case the civil penalty may not exceed $2,000 for each offense. A telecommunications carrier subject to administrative penalties resulting from a final Commission order approving an intercorporate transaction entered pursuant to Section 7-204 of this Act shall be subject to penalties under this Section imposed for the same conduct only to the extent that such penalties exceed those imposed by the final Commission order. Every violation of the provisions of this Act or of any order, decision, rule, regulation, direction, or requirement of the Commission, or any part or provision thereof, by any corporation or person, is a separate and distinct offense. Penalties under this Section shall attach and begin to accrue from the day after written notice is delivered to such party or parties that they are in violation of or have failed to comply with this Act or an order, decision, rule, regulation, direction, or requirement of the Commission, or part or provision thereof. In case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. In construing and enforcing the provisions of this Act relating to penalties, the act, omission, or failure of any officer, agent, or employee of any telecommunications carrier or of any person acting within the scope of his or her duties or employment shall in every case be deemed to be the act, omission, or failure of such telecommunications carrier or person. If the party who has violated or failed to comply with this Act or an order, decision, rule, regulation, direction, or requirement of the Commission, or any part or provision thereof, fails to seek timely review pursuant to Sections 10-113 and 10-201 of this Act, the party shall, upon expiration of the statutory time limit, be subject to the civil penalty provision of this Section. Twenty percent of all moneys collected under this Section shall be deposited into the Digital Divide Elimination Fund and 20% of all moneys collected under this Section shall be deposited into the Digital Divide Elimination Infrastructure Fund. (Source: P.A. 100-20, eff. 7-1-17 .) |
(220 ILCS 5/13-406.1) (Section scheduled to be repealed on January 1, 2030) Sec. 13-406.1. Large Electing Provider transition to IP-based networks and service. (a) As used in this Section: "Alternative voice service" means service that includes all of the applicable functionalities for voice telephony services described in 47 CFR 54.101(a). "Existing customer" means a residential customer of the Large Electing Provider who is subscribing to a telecommunications service on the date the Large Electing Provider sends its notice under paragraph (1) of subsection (c) of this Section of its intent to cease offering and providing service. For purposes of this Section, a residential customer of the Large Electing Provider whose service has been temporarily suspended, but not finally terminated as of the date that the Large Electing Provider sends that notice, shall be deemed to be an "existing customer". "Large Electing Provider" means an Electing Provider, as defined in Section 13-506.2 of this Act, that (i) reported in its annual competition report for the year 2016 filed with the Commission under Section 13-407 of this Act and 83 Ill. Adm. Code 793 that it provided at least 700,000 access lines to end users; and (ii) is affiliated with a provider of commercial mobile radio service, as defined in 47 CFR 20.3, as of January 1, 2017. "New customer" means a residential customer who is not subscribing to a telecommunications service provided by the Large Electing Provider on the date the Large Electing Provider sends its notice under paragraph (1) of subsection (c) of this Section of its intent to cease offering and providing that service. "Provider" includes every corporation, company, association, firm, partnership, and individual and their lessees, trustees, or receivers appointed by a court that sell or offer to sell an alternative voice service. "Reliable access to 9-1-1" means access to 9-1-1 that complies with the applicable rules, regulations, and guidelines established by the Federal Communications Commission and the applicable provisions of the Emergency Telephone System Act and implementing rules. "Willing provider" means a provider that voluntarily participates in the request for service process. (b) Beginning June 30, 2017, a Large Electing Provider may, to the extent permitted by and consistent with federal law, including, as applicable, approval by the Federal Communications Commission of the discontinuance of the interstate-access component of a telecommunications service, cease to offer and provide a telecommunications service to an identifiable class or group of customers, other than voice telecommunications service to residential customers or a telecommunications service to a class of customers under subsection (b-5) of this Section, upon 60 days' notice to the Commission and affected customers. (b-5) Notwithstanding any provision to the contrary in this Section 13-406.1, beginning December 31, 2021, a Large Electing Provider may, to the extent permitted by and consistent with federal law, including, if applicable, approval by the Federal Communications Commission of the discontinuance of the interstate-access component of a telecommunication service, cease to offer and provide a telecommunications service to one or more of the following classes or groups of customers upon 60 days' notice to the Commission and affected customers: (1) electric utilities, as defined in Section 16-102 of this Act; (2) public utilities, as defined in Section 3-105 of this Act, that offers natural gas or water services; (3) electric, gas, and water utilities that are excluded from the definition of public utility under paragraph (1) of subsection (b) of Section 3-105 of this Act; (4) water companies as described in paragraph (2) of subsection (b) of Section 3-105 of this Act; (5) natural gas cooperatives as described in paragraph (4) of subsection (b) of Section 3-105 of this Act; (6) electric cooperatives as defined in Section 3-119 of this Act; (7) entities engaged in the commercial generation of electric power and energy; (8) the functional divisions of public agencies, as defined in Section 2 of the Emergency Telephone System Act, that provide police or firefighting services; and (9) 9-1-1 Authorities, as defined in Section 2 of the Emergency Telephone System Act; provided that the date shall be extended to December 21, 2022, for (i) an electric utility, as defined in Section 16-102 of this Act, that serves more than 3 million customers in the State; and (ii) an entity engaged in the commercial generation of electric power and energy that operates one or more nuclear power plants in the State. (c) Beginning June 30, 2017, a Large Electing Provider may, to the extent permitted by and consistent with federal law, cease to offer and provide voice telecommunications service to an identifiable class or group of residential customers, which, for the purposes of this subsection (c), shall be referred to as "requested service", subject to compliance with the following requirements: (1) No less than 255 days prior to providing notice |
| to the Federal Communications Commission of its intent to discontinue the interstate-access component of the requested service, the Large Electing Provider shall:
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(A) file a notice of the proposed cessation of
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| the requested service with the Commission, which shall include a statement that the Large Electing Provider will comply with any service discontinuance rules and regulations of the Federal Communications Commission pertaining to compatibility of alternative voice services with medical monitoring devices; and
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(B) provide notice of the proposed cessation of
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| the requested service to each of the Large Electing Provider's existing customers within the affected geographic area by first-class mail separate from customer bills. If the customer has elected to receive electronic billing, the notice shall be sent electronically and by first-class mail separate from customer bills. The notice provided under this subparagraph (B) shall describe the requested service, identify the earliest date on which the Large Electing Provider intends to cease offering or providing the telecommunications service, provide a telephone number by which the existing customer may contact a service representative of the Large Electing Provider, and provide a telephone number by which the existing customer may contact the Commission's Consumer Services Division. The notice shall also include the following statement in English and in Spanish:
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"If you do not believe that an alternative
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| voice service including reliable access to 9-1-1 is available to you, from either [name of Large Electing Provider] or another provider of wired or wireless voice service where you live, you have the right to request the Illinois Commerce Commission to investigate the availability of alternative voice service including reliable access to 9-1-1. To do so, you must submit such a request either in writing or by signing and returning a copy of this notice, no later than (insert date), 60 days after the date of the notice to the following address:
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Chief Clerk of the Illinois Commerce Commission
527 East Capitol Avenue
Springfield, Illinois 62706
You must include in your request a reference
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| to the notice you received from [Large Electing Provider's name] and the date of notice.".
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Thirty days following the date of notice, the
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| Large Electing Provider shall provide each customer to which the notice was sent a follow-up notice containing the same information and reminding customers of the deadline for requesting the Commission to investigate alternative voice service with access to 9-1-1.
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(2) After June 30, 2017, and only in a geographic
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| area for which a Large Electing Provider has provided notice of proposed cessation of the requested service to existing customers under paragraph (1) of this subsection (c), an existing customer of that provider may, within 60 days after issuance of such notice, request the Commission to investigate the availability of alternative voice service including reliable access to 9-1-1 to that customer. For the purposes of this paragraph (2), existing customers who make such a request are referred to as "requesting existing customers". The Large Electing Provider may cease to offer or provide the requested service to existing customers who do not make a request for investigation beginning 30 days after issuance of the notice required by paragraph (5) of this subsection (c).
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(A) In response to all requests and
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| investigations under this paragraph (2), the Commission shall conduct a single investigation to be commenced 75 days after the receipt of notice under paragraph (1) of this subsection (c), and completed within 135 days after commencement. The Commission shall, within 135 days after commencement of the investigation, make one of the findings described in subdivisions (i) and (ii) of this subparagraph (A) for each requesting existing customer.
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(i) If, as a result of the investigation, the
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| Commission finds that service from at least one provider offering alternative voice service including reliable access to 9-1-1 through any technology or medium is available to one or more requesting existing customers, the Commission shall declare by order that, with respect to each requesting existing customer for which such a finding is made, the Large Electing Provider may cease to offer or provide the requested service beginning 30 days after the issuance of the notice required by paragraph (5) of this subsection (c).
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(ii) If, as a result of the investigation,
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| the Commission finds that service from at least one provider offering alternative voice service, including reliable access to 9-1-1, through any technology or medium is not available to one or more requesting existing customers, the Commission shall declare by order that an emergency exists with respect to each requesting existing customer for which such a finding is made.
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(B) If the Commission declares an emergency under
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| subdivision (ii) of subparagraph (A) of this paragraph (2) with respect to one or more requesting existing customers, the Commission shall conduct a request for service process to identify a willing provider of alternative voice service including reliable access to 9-1-1. A provider shall not be required to participate in the request for service process. The willing provider may utilize any form of technology that is capable of providing alternative voice service including reliable access to 9-1-1, including, without limitation, Voice over Internet Protocol services and wireless services. The Commission shall, within 45 days after the issuance of an order finding that an emergency exists, make one of the determinations described in subdivisions (i) and (ii) of this subparagraph (B) for each requesting existing customer for which an emergency has been declared.
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(i) If the Commission determines that another
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| provider is willing and capable of providing alternative voice service including reliable access to 9-1-1 to one or more requesting existing customers for which an emergency has been declared, the Commission shall declare by order that, with respect to each requesting existing customer for which such a determination is made, the Large Electing Provider may cease to offer or provide the requested service beginning 30 days after the issuance of the notice required by paragraph (5) of this Section.
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(ii) If the Commission determines that for
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| one or more of the requesting existing customers for which an emergency has been declared there is no other provider willing and capable of providing alternative voice service including reliable access to 9-1-1, the Commission shall issue an order requiring the Large Electing Provider to provide alternative voice service including reliable access to 9-1-1 to each requesting existing customer utilizing any form of technology capable of providing alternative voice service including reliable access to 9-1-1, including, without limitation, continuation of the requested service, Voice over Internet Protocol services, and wireless services, until another willing provider is available. A Large Electing Provider may fulfill the requirement through an affiliate or another provider. The Large Electing Provider may request that such an order be rescinded upon a showing that an alternative voice service including reliable access to 9-1-1 has become available to the requesting existing customer from another provider.
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(3) If the Commission receives no requests for
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| investigation from any existing customer under paragraph (2) of this subsection (c) within 60 days after issuance of the notice under paragraph (1) of this subsection (c), the Commission shall provide written notice to the Large Electing Provider of that fact no later than 75 days after receipt of notice under paragraph (1) of this subsection (c). Notwithstanding any provision of this subsection (c) to the contrary, if no existing customer requests an investigation under paragraph (2) of this subsection (c), the Large Electing Provider may immediately provide the notice to the Federal Communications Commission as described in paragraph (4) of this subsection (c).
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(4) At the same time that it provides notice to the
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| Federal Communications Commission of its intent to discontinue the interstate-access component of the requested service, the Large Electing Provider shall:
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(A) file a notice of proposal to cease to offer
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| and provide the requested service with the Commission; and
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(B) provide a notice of proposal to cease to
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| offer and provide the requested service to existing customers and new customers receiving the service at the time of the notice within each affected geographic area, with the notice made by first-class mail or within customer bills delivered by mail or equivalent means of notice, including electronic means if the customer has elected to receive electronic billing. The notice provided under this subparagraph (B) shall include a brief description of the requested service, the date on which the Large Electing Provider intends to cease offering or providing the telecommunications service, and a statement as required by 47 CFR 63.71 that describes the process by which the customer may submit comments to the Federal Communications Commission.
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(5) Upon approval by the Federal Communications
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| Commission of its request to discontinue the interstate-access component of the requested service and subject to the requirements of any order issued by the Commission under subdivision (ii) of subparagraph (B) of paragraph (2) of this subsection (c), the Large Electing Provider may immediately cease to offer the requested service to all customers not receiving the service on the date of the Federal Communications Commission's approval and may cease to offer and provide the requested service to all customers receiving the service at the time of the Federal Communications Commission's approval upon 30 days' notice to the Commission and affected customers. Notice to affected customers under this paragraph (5) shall be provided by first-class mail separate from customer bills. The notice provided under this paragraph (5) shall describe the requested service, identify the date on which the Large Electing Provider intends to cease offering or providing the telecommunications service, and provide a telephone number by which the existing customer may contact a service representative of the Large Electing Provider.
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(6) The notices provided for in paragraph (1) of this
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| subsection (c) are not required as a prerequisite for the Large Electing Provider to cease to offer or provide a telecommunications service in a geographic area where there are no residential customers taking service from the Large Electing Provider on the date that the Large Electing Provider files notice to the Federal Communications Commission of its intent to discontinue the interstate-access component of the requested service in that geographic area.
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(7) For a period of 45 days following the date of a
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| notice issued under paragraph (5) of this Section, an existing customer (i) who is located in the affected geographic area subject to that notice; (ii) who was receiving the requested service as of the date of the Federal Communications Commission's approval of the Large Electing Provider's request to discontinue the interstate-access component of the requested service; (iii) who did not make a timely request for investigation under paragraph (2) of this subsection (c); and (iv) whose service will be or has been discontinued under paragraph (5), may request assistance from the Large Electing Provider in identifying providers of alternative voice service including reliable access to 9-1-1. Within 15 days of the request, the Large Electing Provider shall provide the customer with a list of alternative voice service providers.
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(8) Notwithstanding any other provision of this Act,
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| except as expressly authorized by this subsection (c), the Commission may not, upon its own motion or upon complaint, investigate, suspend, disapprove, condition, or otherwise regulate the cessation of a telecommunications service to an identifiable class or group of customers once initiated by a Large Electing Provider under subsection (b) or (b-5) of this Section or this subsection (c).
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(Source: P.A. 100-20, eff. 7-1-17; 100-719, eff. 8-3-18 .)
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(220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502) (Section scheduled to be repealed on January 1, 2030) Sec. 13-502. Classification of services. (a) All telecommunications services offered or provided under tariff by telecommunications carriers shall be classified as either competitive or noncompetitive. A telecommunications carrier may offer or provide either competitive or noncompetitive telecommunications services, or both, subject to proper certification and other applicable provisions of this Article. Any tariff filed with the Commission as required by Section 13-501 shall indicate whether the service to be offered or provided is competitive or noncompetitive. (b) A service shall be classified as competitive only if, and only to the extent that, for some identifiable class or group of customers in an exchange, group of exchanges, or some other clearly defined geographical area, such service, or its functional equivalent, or a substitute service, is reasonably available from more than one provider, whether or not any such provider is a telecommunications carrier subject to regulation under this Act. All telecommunications services not properly classified as competitive shall be classified as noncompetitive. The Commission shall have the power to investigate the propriety of any classification of a telecommunications service on its own motion and shall investigate upon complaint. In any hearing or investigation, the burden of proof as to the proper classification of any service shall rest upon the telecommunications carrier providing the service. After notice and hearing, the Commission shall order the proper classification of any service in whole or in part. The Commission shall make its determination and issue its final order no later than 180 days from the date such hearing or investigation is initiated. If the Commission enters into a hearing upon complaint and if the Commission fails to issue an order within that period, the complaint shall be deemed granted unless the Commission, the complainant, and the telecommunications carrier providing the service agree to extend the time period. (c) In determining whether a service should be reclassified as competitive, the Commission shall, at a minimum, consider the following factors: (1) the number, size, and geographic distribution of |
| other providers of the service;
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(2) the availability of functionally equivalent
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| services in the relevant geographic area and the ability of telecommunications carriers or other persons to make the same, equivalent, or substitutable service readily available in the relevant market at comparable rates, terms, and conditions;
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(3) the existence of economic, technological, or any
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| other barriers to entry into, or exit from, the relevant market;
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(4) the extent to which other telecommunications
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| companies must rely upon the service of another telecommunications carrier to provide telecommunications service; and
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(5) any other factors that may affect competition and
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| the public interest that the Commission deems appropriate.
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(d) No tariff classifying a new telecommunications service as competitive or reclassifying a previously noncompetitive telecommunications service as competitive, which is filed by a telecommunications carrier which also offers or provides noncompetitive telecommunications service, shall be effective unless and until such telecommunications carrier offering or providing, or seeking to offer or provide, such proposed competitive service prepares and files a study of the long-run service incremental cost underlying such service and demonstrates that the tariffed rates and charges for the service and any relevant group of services that includes the proposed competitive service and for which resources are used in common solely by that group of services are not less than the long-run service incremental cost of providing the service and each relevant group of services. Such study shall be given proprietary treatment by the Commission at the request of such carrier if any other provider of the competitive service, its functional equivalent, or a substitute service in the geographical area described by the proposed tariff has not filed, or has not been required to file, such a study.
(e) In the event any telecommunications service has been classified and filed as competitive by the telecommunications carrier, and has been offered or provided on such basis, and the Commission subsequently determines after investigation that such classification improperly included services which were in fact noncompetitive, the Commission shall have the power to determine and order refunds to customers for any overcharges which may have resulted from the improper classification, or to order such other remedies provided to it under this Act, or to seek an appropriate remedy or relief in a court of competent jurisdiction.
(f) If no hearing or investigation regarding the propriety of a competitive classification of a telecommunications service is initiated within 180 days after a telecommunications carrier files a tariff listing such telecommunications service as competitive, no refunds to customers for any overcharges which may result from an improper classification shall be ordered for the period from the time the telecommunications carrier filed such tariff listing the service as competitive up to the time an investigation of the service classification is initiated by the Commission's own motion or the filing of a complaint. Where a hearing or an investigation regarding the propriety of a telecommunications service classification as competitive is initiated after 180 days from the filing of the tariff, the period subject to refund for improper classification shall begin on the date such investigation or hearing is initiated by the filing of a Commission motion or a complaint.
(Source: P.A. 100-20, eff. 7-1-17 .)
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