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90_SB1543 220 ILCS 5/13-902 Amends the Public Utilities Act. Establishes conditions under which a change in telecommunications services provided or a change in the provider of services may be made with respect to a subscriber. Effective immediately. LRB9011123JSgc LRB9011123JSgc 1 AN ACT concerning subscription to telecommunications 2 services, amending a named Act. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Public Utilities Act is amended by 6 changing Section 13-902 as follows: 7 (220 ILCS 5/13-902) 8 (Section scheduled to be repealed on July 1, 2001) 9 Sec. 13-902. Rules for verification of a subscriber's 10 change in telecommunications carrier. 11 (a) A subscriber of a telecommunications carrier may not 12 be switched to another telecommunications carrier without the 13 subscriber's authorization. 14 (b) A telecommunications carrier shall not effectuate a 15 change to a subscriber's telecommunications services by 16 providing an additional residential telecommunications 17 service that results in a recurring additional monthly charge 18 to the subscriber (herein referred to as an "additional 19 residential telecommunications service") without following 20 the notification procedures set forth in this Section. An 21 "additional telecommunications service" does not include 22 making available any additional telecommunications services 23 on a subscriber's line when the subscriber activates and pays 24 for the services on a per use basis, nor does it include 25 changes to a subscriber's bill caused by changes in taxes, 26 changes in subscriber locations, or preferred carrier change 27 charges. 28 (c) It is the responsibility of the company or carrier 29 requesting a change in a subscriber's telecommunications 30 carrier to obtain the subscriber's authorization for the 31 change whenever the company or carrier acts as a subscriber's -2- LRB9011123JSgc 1 agent with respect to the change. 2 (d) A company or carrier requesting a change in a 3 subscriber's telecommunications carrier as described in 4 subsection (c) shall be solely responsible for providing 5 written notice of the change to the subscriber in accordance 6 with this Section. In addition, a telecommunications carrier 7 that provides any additional residential telecommunications 8 services to a subscriber shall be solely responsible for 9 providing written notice of the additional residential 10 telecommunications services to the subscriber in accordance 11 with this Section. The notice shall be provided as follows: 12 (1) A letter to the subscriber must be mailed using 13 first class mail, postage prepaid, no later than 72 hours 14 after implementation of a change in the subscriber's 15 telecommunications carrier or the installation of the 16 addition of any residential telecommunications services. 17 (2) The letter must be a separate document sent for 18 the sole purpose of describing the changes or additions 19 authorized by the subscriber. 20 (3) The letter must be printed with 10 point or 21 larger type and contain clear and plain language that 22 confirms the details of a change in carrier or the 23 addition of residential telecommunications services and 24 provides the subscriber with a toll free number to call 25 should the subscriber wish to delete services or make 26 additional changes. 27 (e) The Commission shall promulgate any rules necessary 28 to ensure that a subscriber of a telecommunications carrier 29 is not switched to another telecommunications carrier or that 30 additions are not made to a subscriber's residential 31 telecommunications services without the subscriber's 32 authorization. The rules promulgated under this Section 33 shall comport with the rules and orders issued pursuant to 34 Section 2DD of the Consumer Fraud and Deceptive Business -3- LRB9011123JSgc 1 Practices Act. 2 (f) Complaints may be filed with the Commission under 3 this Section by a subscriber who has been switched to another 4 telecommunications carrier without authorization or has been 5 provided residential telecommunications services not ordered 6 by the subscriber by a telecommunications carrier that has 7 been removed as a subscriber's telecommunications carrier 8 without authorization. The Commission may initiate an 9 investigation or hearing on its own motion. Hearings shall 10 be held pursuant to Article 10 of this Act. If after notice 11 and hearing, the Commission finds that a telecommunications 12 carrier has violated this Section or a rule promulgated under 13 this Section, the Commission may in its discretion: 14 (1) In case of an unauthorized switch to a 15 telecommunications carrier, require the violating 16 telecommunications carrier to refund to the subscriber 17 charges collected in excess of those that would have been 18 charged by the subscriber's chosen telecommunications 19 carrier. 20 (2) In case of an unauthorized switch to a 21 telecommunications carrier, require the violating 22 telecommunications carrier to pay to the subscriber's 23 chosen telecommunications carrier the amount the chosen 24 telecommunications carrier would have collected for the 25 telecommunications service. 26 (3) Require the violating telecommunications 27 carrier to pay a fine of up to $1,000 into the Public 28 Utility Fund for each repeated and wilful violation of 29 this Section. 30 (4) In the case of the unauthorized addition of 31 telecommunications services, require a violating carrier 32 to refund all charges for telecommunications products and 33 services provided without a subscriber's authorization. 34 (5) Issue a cease and desist order. -4- LRB9011123JSgc 1 (6) For a pattern of violation of this Section, the 2 Commission may revoke the violating telecommunications 3 carrier's certificate of service authority.
The4 Commission may adopt rules prescribing procedures for the5 verification of a change in a subscriber's selection of a6 telecommunications carrier for the provision of7 telecommunications service, whether local exchange or8 interexchange. The rules shall be compatible with the9 verification procedures established by the Federal10 Communications Commission under the Communications Act of11 1996.12 (Source: P.A. 89-497, eff. 6-27-96.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.
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