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91_HB4055 LRB9111025JSpc 1 AN ACT to amend the Public Utilities Act in relation to 2 telecommunications regulation. 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 Sections 3-105, 3-112, 4-402, 5-109, 13-101, 13-103, 7 13-202, 13-203, 13-502, 13-504, 13-505.1, 13-505.2, 13-505.3, 8 13-505.4, 13-505.5, 13-505.6, 13-512, and 13-803 as follows: 9 (220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105) 10 Sec. 3-105. Public utility. "Public utility" means and 11 includes, except where otherwise expressly provided in this 12 Section, every corporation, company, limited liability 13 company, association, joint stock company or association, 14 firm, partnership or individual, their lessees, trustees, or 15 receivers appointed by any court whatsoever that owns, 16 controls, operates or manages, within this State, directly or 17 indirectly, for public use, any plant, equipment or property 18 used or to be used for or in connection with, or owns or 19 controls any franchise, license, permit or right to engage 20 in: 21 a. the production, storage, transmission, sale, 22 delivery or furnishing of heat, cold, power, electricity, 23 water, or light, except when used solely for 24 communications purposes; 25 b. the disposal of sewerage; or 26 c. the conveyance of oil or gas by pipe line. 27 "Public utility" does not include, however: 28 1. (Blank)
public utilities that are owned and29 operated by any political subdivision, public institution30 of higher education or municipal corporation of this31 State, or public utilities that are owned by such-2- LRB9111025JSpc 1 political subdivision, public institution of higher2 education, or municipal corporation and operated by any3 of its lessees or operating agents; 4 2. water companies which are purely mutual 5 concerns, having no rates or charges for services, but 6 paying the operating expenses by assessment upon the 7 members of such a company and no other person; 8 3. electric cooperatives as defined in Section 9 3-119; 10 4. residential natural gas cooperatives that are 11 not-for-profit corporations established for the purpose 12 of administering and operating, on a cooperative basis, 13 the furnishing of natural gas to residences for the 14 benefit of their members who are residential consumers of 15 natural gas. For entities qualifying as residential 16 natural gas cooperatives and recognized by the Illinois 17 Commerce Commission as such, the State shall guarantee 18 legally binding contracts entered into by residential 19 natural gas cooperatives for the express purpose of 20 acquiring natural gas supplies for their members. The 21 Illinois Commerce Commission shall establish rules and 22 regulations providing for such guarantees. The total 23 liability of the State in providing all such guarantees 24 shall not at any time exceed $1,000,000, nor shall the 25 State provide such a guarantee to a residential natural 26 gas cooperative for more than 3 consecutive years; 27 5. sewage disposal companies which provide sewage 28 disposal services on a mutual basis without establishing 29 rates or charges for services, but paying the operating 30 expenses by assessment upon the members of the company 31 and no others; 32 6. (Blank); 33 7. cogeneration facilities, small power production 34 facilities, and other qualifying facilities, as defined -3- LRB9111025JSpc 1 in the Public Utility Regulatory Policies Act and 2 regulations promulgated thereunder, except to the extent 3 State regulatory jurisdiction and action is required or 4 authorized by federal law, regulations, regulatory 5 decisions or the decisions of federal or State courts of 6 competent jurisdiction; 7 8. the ownership or operation of a facility that 8 sells compressed natural gas at retail to the public for 9 use only as a motor vehicle fuel and the selling of 10 compressed natural gas at retail to the public for use 11 only as a motor vehicle fuel; and 12 9. alternative retail electric suppliers as defined 13 in Article XVI. 14 (Source: P.A. 89-42, eff. 1-1-96; 90-561, eff. 12-16-97.) 15 (220 ILCS 5/3-112) (from Ch. 111 2/3, par. 3-112) 16 Sec. 3-112. "Company," when used in connection with a 17 public utility, includes any corporation, company, limited 18 liability company, association, joint stock company or 19 association, firm, partnership or individual, their lessees, 20 trustees, or receivers appointed by any court whatsoever, 21 owning, holding, operating, controlling or managing such a 22 public utility, but not municipal corporations. "Company" 23 when used other than in connection with a public utility, 24 includes any corporation, company, limited liability company, 25 association, joint stock company or association, firm, or 26 partnership , but does not include municipal corporations. 27 (Source: P.A. 88-480.) 28 (220 ILCS 5/4-402) (from Ch. 111 2/3, par. 4-402) 29 Sec. 4-402. This amendatory Act of 1985 shall not affect30 pending actions or proceedings, civil or criminal, in any31 court or other tribunal brought by or against the People of32 the State of Illinois or the Illinois Commerce Commission or-4- LRB9111025JSpc 1 by any other person, firm or corporation under the provisions2 of this Act or any other Act establishing or conferring power3 on the Commission, nor abate any causes of action arising4 thereunder, but the same may be instituted, prosecuted and5 defended with the same effect as though this amendatory Act6 had not been passed. Any investigation, hearing or7 proceeding, instituted or conducted by the Commission prior8 to the taking effect of this amendatory Act shall be9 conducted and continued to a final determination by the10 Commission with the same effect as if this amendatory Act had11 not been passed.12 All findings, orders, decisions, rules and regulations 13 issued or promulgated by the Commission under this Act or any 14 other Act establishing or conferring power on the Commission, 15 shall continue in force; and the Commission hereby created 16 shall have all powers with respect to said findings, orders, 17 decisions, rules and regulations as though said findings, 18 orders, decisions, rules and regulations had been made, 19 issued or promulgated by the Commission under this amendatory 20 Act. Notwithstanding the provisions of this Section, where 21 applicable, the Commission shall amend its findings, orders, 22 decisions, rules and regulations to conform to the provisions 23 of this Act as soon as practicable after the effective date. 24 (Source: P.A. 84-617.) 25 (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109) 26 Sec. 5-109. Each public utility in the State shall each 27 year furnish to the Commission, in such form as the 28 Commission shall require, annual reports as to all the items 29 mentioned in the preceding sections of this article, and in 30 addition such other items, whether of a nature similar to 31 those therein enumerated or otherwise, as the Commission may 32 prescribe. Such annual reports shall contain all the required 33 information for the period to twelve months ending on the -5- LRB9111025JSpc 1 thirtieth day of June in each year, or ending on the 2 thirty-first day of December in each year, as the Commission 3 may by order prescribe for each class of public utilities, 4 and shall be filed with the Commission at its office in 5 Springfield within three months after the close of the year 6 for which the report is made. The Commission shall have7 authority to require any public utility to file monthly8 reports of earnings and expenses of such utility, and to file9 other periodical or special, or both periodical and special10 reports concerning any matter about which the Commission is11 authorized by law to keep itself informed. All reports shall12 be under oath.13 When any report is erroneous or defective or appears to 14 the Commission to be erroneous or defective, the Commission 15 may notify the public utility to amend such report within 16 thirty days, and before or after the termination of such 17 period the Commission may examine the officers, agents, or 18 employees, and books, records, accounts, vouchers, plant, 19 equipment and property of such public utility, and correct 20 such items in the report as upon such examination the 21 Commission may find defective or erroneous. 22 All reports made to the Commission by any public utility 23 shall be treated as confidential and proprietary consistent 24 with Section 4-404 and the contents thereof shall be open to25 public inspection, unless otherwise ordered by the26 Commission. Such reports shall be preserved in the office of27 the Commission. 28 Any public utility which fails to make and file any 29 report called for by the Commission within the time 30 specified; or to make specific answer to any question 31 propounded by the Commission within thirty days from the time 32 it is lawfully required to do so, or within such further 33 time, not to exceed ninety days, as may in its discretion be 34 allowed by the Commission, shall forfeit up to $100 for each -6- LRB9111025JSpc 1 and every day it may so be in default if the utility collects 2 less than $100,000 annually in gross revenue; and if the 3 utility collects $100,000 or more annually in gross revenue, 4 it shall forfeit $100 per day for each and every day it is in 5 default. 6 Any person who wilfully makes any false return orreport 7 to the Commission, or to any member, officer or employee 8 thereof, and any person who aids or abets such person shall 9 be guilty of a Class A misdemeanor. 10 (Source: P.A. 84-617.) 11 (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101) 12 (Section scheduled to be repealed on July 1, 2001) 13 Sec. 13-101. Except to the extent specified in this 14 Section or modified or supplemented by the specific 15 provisions of this Article, the Sections of this Act 16 pertaining to public utilities, public utility rates and 17 services, and the regulation thereof, are fully and equally 18 applicable to noncompetitive telecommunications rates and 19 services, and the regulation thereof, except where the 20 context clearly renders such provisions inapplicable and 21 except with respect to Sections 7-101, 7-102, 8-101, 8-401, 22 8-505, 9-224, and 9-241. Except to the extent modified or 23 supplemented by the specific provisions of this Article, 24 Articles I through V, Sections 8-301, 8-505,9-221, 9-222, 25 9-222.1, and 9-222.2, 9-250, and 9-252.1,and Articles X and 26 XI of this Act are fully and equally applicable to 27 competitive telecommunications rates and services, and the 28 regulation thereof. 29 (Source: P.A. 90-38, eff. 6-27-97.) 30 (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103) 31 (Section scheduled to be repealed on July 1, 2001) 32 Sec. 13-103. Policy. Consistent with its findings, the -7- LRB9111025JSpc 1 General Assembly declares that it is the policy of the State 2 of Illinois that: 3 (a) telecommunications services should be available to 4 all Illinois citizens at just, reasonable, and affordable 5 rates and that such services should be provided as widely and 6 economically as possible in sufficient variety, quality, 7 quantity and reliability to satisfy the public interest; 8 (b) consistent with the protection of consumers of 9 telecommunications services and the furtherance of other 10 public interest goals, competition in all telecommunications 11 service markets should be pursued as a substitute for 12 regulation in determining the variety, quality and price of 13 telecommunications services and that the economic burdens of 14 regulation should be reduced to the extent possible 15 consistent with the furtherance of market competition and 16 protection of the public interest; 17 (c) all necessary and appropriate modifications to State 18 regulation of telecommunications carriers and services should 19 be implemented without unnecessary disruption to the 20 telecommunications infrastructure system or to consumers of 21 telecommunications services and that it is necessary and 22 appropriate to establish rules to encourage and ensure 23 orderly transitions in the development of markets for all 24 telecommunications services; 25 (d) the consumers of telecommunications services and 26 facilities provided by persons or companies subject to 27 regulation pursuant to this Act and Article should be 28 required to pay only reasonable and non-discriminatory rates 29 or charges and that in no case should rates or charges for 30 non-competitive telecommunications services be below the 31 long-run service incremental cost of such services in 32 aggregate include any portion of the cost of providing33 competitive telecommunications services, as defined in34 Section 13-209, or the cost of any nonregulated activities; -8- LRB9111025JSpc 1 (e) the regulatory policies and procedures provided in 2 this Article are established in recognition of the changing 3 nature of the telecommunications industry and therefore 4 should be subject to systematic legislative review to ensure 5 that the public benefits intended to result from such 6 policies and procedures are fully realized; and 7 (f) development of and prudent investment in advanced 8 telecommunications services and networks that foster economic 9 development of the State should be encouraged through the 10 implementation and enforcement of policies that promote 11 effective and sustained competition in all telecommunications 12 service markets and that apply regulation evenhandedly to all 13 certified telecommunications providers. 14 (Source: P.A. 90-185, eff. 7-23-97.) 15 (220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202) 16 (Section scheduled to be repealed on July 1, 2001) 17 Sec. 13-202. "Telecommunications carrier" means and 18 includes every corporation, company, association, joint stock 19 company or association, firm, partnership or individual, 20 their lessees, trustees or receivers appointed by any court 21 whatsoever that owns, controls, operates or manages, within 22 this State, directly or indirectly, for public use, any 23 plant, equipment or property used or to be used for or in 24 connection with, or owns or controls any franchise, license, 25 permit or right to engage in the provision of, 26 telecommunications services between points within the State 27 which are specified by the user. Telecommunications carrier 28 does not include, however: 29 (a) (Blank) telecommunications carriers that are owned30 and operated by any political subdivision, public or private31 institution of higher education or municipal corporation of32 this State, for their own use, or telecommunications carriers33 that are owned by such political subdivision, public or-9- LRB9111025JSpc 1 private institution of higher education, or municipal2 corporation and operated by any of its lessees or operating3 agents, for their own use; 4 (b) telecommunications carriers which are purely mutual 5 concerns, having no rates or charges for services, but paying 6 the operating expenses by assessment upon the members of such 7 a company and no other person but does include telephone or 8 telecommunications cooperatives as defined in Section 13-212; 9 (c) a company or person which provides 10 telecommunications services solely to itself and its 11 affiliates or members or between points in the same building, 12 or between closely located buildings, affiliated through 13 substantial common ownership, control or development; or 14 (d) a company or person engaged in the delivery of 15 community antenna television services as described in 16 subdivision (c) of Section 13-203, except with respect to the 17 provision of telecommunications services by that company or 18 person. 19 (Source: P.A. 87-856.) 20 (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203) 21 (Section scheduled to be repealed on July 1, 2001) 22 Sec. 13-203. Telecommunications service. 23 "Telecommunications service" means the provision or 24 offering for rent, sale or lease, or in exchange for other 25 value received, of the transmittal of information, by means 26 of electromagnetic, including light, transmission with or 27 without benefit of any closed transmission medium, including 28 all instrumentalities, facilities, apparatus, and services 29 (including the collection, storage, forwarding, switching, 30 and delivery of such information) used to provide such 31 transmission and also includes access and interconnection 32 arrangements and services. 33 "Telecommunications service" does not include, however: -10- LRB9111025JSpc 1 (a) the rent, sale, or lease, or exchange for other 2 value received, of customer premises equipment except for 3 customer premises equipment owned or provided by a 4 telecommunications carrier and used for answering 911 5 calls, and except for customer premises equipment 6 provided under Section 13-703; 7 (b) telephone or telecommunications answering 8 services, paging services, and physical pickup and 9 delivery incidental to the provision of information 10 transmitted through electromagnetic, including light, 11 transmission; 12 (c) community antenna television service which is 13 operated to perform for hire the service of receiving and 14 distributing video and audio program signals by wire, 15 cable or other means to members of the public who 16 subscribe to such service, to the extent that such 17 service is utilized solely for the one-way distribution 18 of such entertainment services with no more than 19 incidental subscriber interaction required for the 20 selection of such entertainment service; .21 (d) local exchange or interexchange private line 22 services; 23 (e) advanced telecommunications service having the 24 capability of supporting 2 way broadband communications 25 at a bandwidth of 200 kilobits per second or greater; 26 (f) internet and internet access where "internet" 27 refers to the global information system that is logically 28 linked together by a globally unique address space based 29 on the Internet Protocol or its subsequent 30 extensions/follow-ons and is able to support 31 communications using the Transmission Control 32 Protocol/Internet Protocol suite or its subsequent 33 extensions/follow-ons, and/or other Internet 34 Protocol-compatible protocols; -11- LRB9111025JSpc 1 (g) the provision of white or yellow page 2 directories and listings, such that no revenues from such 3 services shall be attributed to any telecommunications 4 service for any purpose whatsoever; and 5 (h) cellular radio service. 6 The Commission may, by rulemaking, exclude (1) private7 line service which is not directly or indirectly used for the8 origination or termination of switched telecommunications9 service, (2) cellular radio service, (3) high-speed10 point-to-point data transmission at or above 9.6 kilobits, or11 (4) the provision of telecommunications service by a company12 or person otherwise subject to Section 13-202 (c) to a13 telecommunications carrier, which is incidental to the14 provision of service subject to Section 13-202 (c), from15 active regulatory oversight to the extent it finds, after16 notice, hearing and comment that such exclusion is consistent17 with the public interest and the purposes and policies of18 this Article. To the extent that the Commission has excluded19 cellular radio service from active regulatory oversight for20 any provider of cellular radio service in this State pursuant21 to this Section, the Commission shall exclude all other22 providers of cellular radio service in the State from active23 regulatory oversight without an additional rulemaking24 proceeding where there are 2 or more certified providers of25 cellular radio service in a geographic area.26 (Source: P.A. 90-185, eff. 7-23-97.) 27 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502) 28 (Section scheduled to be repealed on July 1, 2001) 29 Sec. 13-502. Classification of services. 30 (a) All telecommunications services offered or provided 31 under tariffby telecommunications carriers shall be 32 classified as either competitive or noncompetitive. A 33 telecommunications carrier may offer or provide either -12- LRB9111025JSpc 1 competitive or noncompetitive telecommunications services, or 2 both, subject to proper certification and other applicable 3 provisions of this Article. Any tariff filed with the 4 Commission as required by Section 13-501 shall indicate 5 whether the service to be offered or provided is competitive 6 or noncompetitive. 7 (b) A service shall be classified as competitive only 8 if, and only to the extent that, for some identifiable class 9 or group of customers in an exchange, group of exchanges, or 10 some other clearly defined geographical area, such service, 11 or its functional equivalent, or a substitute service, is 12 reasonably available from more than one provider, whether or 13 not any such provider is a telecommunications carrier subject 14 to regulation under this Act. All telecommunications services 15 not properly classified as competitive shall be classified as 16 noncompetitive. The Commission shall have the power to 17 investigate the propriety of any classification of a 18 telecommunications service on its own motion and shall 19 investigate upon complaint. In any hearing or investigation, 20 the burden of proof as to the proper classification of any 21 service shall rest upon the telecommunications carrier 22 providing the service. After notice and hearing, the 23 Commission shall order the proper classification of any 24 service in whole or in part. The Commission shall make its 25 determination and issue its final order no later than 180 26 days from the date such hearing or investigation is 27 initiated. If the Commission enters into a hearing upon 28 complaint and if the Commission fails to issue an order 29 within that period, the complaint shall be deemed granted 30 unless the Commission, the complainant, and the 31 telecommunications carrier providing the service agree to 32 extend the time period. In no event shall evidence of market 33 share or other metrics-based tests be deemed material or 34 relevant to the proper classification of a service. -13- LRB9111025JSpc 1 (c) No tariff classifying a new telecommunications 2 service as competitive or reclassifying a previously 3 noncompetitive telecommunications service as competitive, 4 which is filed by a telecommunications carrier which also 5 offers or provides noncompetitive telecommunications service, 6 shall be effective unless and until such telecommunications 7 carrier offering or providing, or seeking to offer or 8 provide, such proposed competitive service prepares and files 9 a study of the long-run service incremental cost underlying 10 such service and demonstrates that the tariffed rates and 11 charges for the service and any relevant group of services 12 that includes the proposed competitive service and for which 13 resources are used in common solely by that group of services 14 are not less than the long-run service incremental cost of 15 providing the service and each relevant group of services. 16 Such study shall be given proprietary treatment by the 17 Commission at the request of such carrier if any other 18 provider of the competitive service, its functional 19 equivalent, or a substitute service in the geographical area 20 described by the proposed tariff has not filed, or has not 21 been required to file, such a study. 22 (d) In the event any telecommunications service has been 23 classified and filed as competitive by the telecommunications 24 carrier, and has been offered or provided on such basis, and 25 the Commission subsequently determines after investigation 26 that such classification improperly included services which 27 were in fact noncompetitive, the Commission shall have the 28 power to determine and order refunds to customers for any 29 overcharges which may have resulted from the improper 30 classification , or to order such other remedies provided to31 it under this Act, or to seek an appropriate remedy or relief32 in a court of competent jurisdiction. 33 (e) If no hearing or investigation regarding the 34 propriety of a competitive classification of a -14- LRB9111025JSpc 1 telecommunications service is initiated within 180 days after 2 a telecommunications carrier files a tariff listing such 3 telecommunications service as competitive, no refunds to 4 customers for any overcharges which may result from an 5 improper classification shall be ordered for the period from 6 the time the telecommunications carrier filed such tariff 7 listing the service as competitive up to the time an 8 investigation of the service classification is initiated by 9 the Commission's own motion or the filing of a complaint. 10 Where a hearing or an investigation regarding the propriety 11 of a telecommunications service classification as competitive 12 is initiated after 180 days from the filing of the tariff, 13 the period subject to refund for improper classification 14 shall begin on the date such investigation or hearing is 15 initiated by the filing of a Commission motion or a 16 complaint. 17 (Source: P.A. 90-185, eff. 7-23-97.) 18 (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504) 19 (Section scheduled to be repealed on July 1, 2001) 20 Sec. 13-504. Application of ratemaking provisions of 21 Article IX. 22 (a) Except where the context clearly renders such 23 provisions inapplicable, the ratemaking provisions of Article 24 IX of this Act relating to public utilities are fully and 25 equally applicable to the rates, charges, tariffs and 26 classifications for the offer or provision of noncompetitive 27 telecommunications services. However, the ratemaking 28 provisions do not apply to any proposed change in rates or 29 charges, any proposed change in any classification or tariff 30 resulting in a change in rates or charges, or the 31 establishment of new services and rates therefor for a 32 noncompetitive local exchange telecommunications service 33 offered or provided by a local exchange telecommunications -15- LRB9111025JSpc 1 carrier with no more than 35,000 subscriber access lines. 2 Proposed changes in rates, charges, classifications, or 3 tariffs meeting these criteria shall be permitted upon the 4 filing of the proposed tariff and 30 days notice to the 5 Commission and all potentially affected customers. The 6 proposed changes shall not be subject to suspension. The 7 Commission shall investigate whether any proposed change is 8 just and reasonable only if a telecommunications carrier that 9 is a customer of the local exchange telecommunications 10 carrier or 10% of the potentially affected access line 11 subscribers of the local exchange telecommunications carrier 12 shall file a petition or complaint requesting an 13 investigation of the proposed changes. When the 14 telecommunications carrier or 10% of the potentially affected 15 access line subscribers of a local exchange 16 telecommunications carrier file a complaint, the Commission 17 shall, after notice and hearing, have the power and duty to 18 establish the rates, charges, classifications, or tariffs it 19 finds to be just and reasonable. 20 (b) Subsection (c) of Section 13-502 and Sections 21 13-505.1, 13-505.4, 13-505.6, and 13-507 of this Article do 22 not apply to rates or charges or proposed changes in rates or 23 charges for applicable competitive or interexchange services 24 when offered or provided by a local exchange 25 telecommunications carrier with no more than 35,000 26 subscriber access lines. In addition, Sections 13-514,27 13-515, and 13-516 do not apply to telecommunications28 carriers with no more than 35,000 subscriber access lines.29 The Commission may require telecommunications carriers with 30 no more than 35,000 subscriber access lines to furnish 31 information that the Commission deems necessary for a 32 determination that rates and charges for any competitive 33 telecommunications service are just and reasonable. 34 (c) For a local exchange telecommunications carrier with -16- LRB9111025JSpc 1 no more than 35,000 access lines, the Commission shall 2 consider and adjust, as appropriate, a local exchange 3 telecommunications carrier's depreciation rates only in 4 ratemaking proceedings. 5 (d) Article VI and Sections 7-101 and 7-102 of Article 6 VII of this Act pertaining to public utilities, public 7 utility rates and services, and the regulation thereof are 8 not applicable to local exchange telecommunication carriers 9 with no more than 35,000 subscriber access lines. 10 (Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.) 11 (220 ILCS 5/13-505.1) (from Ch. 111 2/3, par. 13-505.1) 12 (Section scheduled to be repealed on July 1, 2001) 13 Sec. 13-505.1. Imputation. 14 (a) This Section applies only to a telecommunications15 carrier that provides both competitive and noncompetitive16 services.If a carrier provides noncompetitive services or 17 noncompetitive service elements to other telecommunications 18 carriers for the provision by the other carriers of 19 competitive services, switched interexchange services, or 20 interexchange private line services or to other persons with 21 which the telecommunications carrier also competes for the 22 provision by those other persons of information or enhanced 23 telecommunications services, as defined by the Federal 24 Communications Commission, then the telecommunications 25 carrier shall satisfy an imputation test for each of its own 26 competitive services, switched interexchange services, or 27 interexchange private line services, that utilize the same or 28 functionally equivalent noncompetitive services or 29 noncompetitive service elements. The purpose of the 30 imputation test is to determine whether the aggregate revenue 31 for each service exceeds the costs, as defined in this 32 Section, to be imputed for each service based on the 33 telecommunications carrier's own routing arrangements. The -17- LRB9111025JSpc 1 portion of a service consisting of residence untimed calls 2 shall be excluded from the imputation test. The imputed 3 costs of a service for purposes of this test shall be defined 4 as the sum of: 5 (1) specifically tariffed premium rates for the 6 noncompetitive services or noncompetitive service 7 elements, or their functional equivalent, that are 8 utilized to provide the service; 9 (2) the long-run service incremental costs of 10 facilities and functionalities that are utilized but not 11 specifically tariffed; and 12 (3) any other identifiable, long-run service 13 incremental costs associated with the provision of the 14 service. 15 (b) (Blank). Notwithstanding the provisions of16 subsection (a), if a telecommunications carrier permits other17 telecommunications carriers to purchase interexchange private18 line services, except those provided under contract or other19 form of agreement pursuant to the provisions of Section20 13-509, under the same tariffed rates, terms, and conditions21 as any other customer, then such interexchange private line22 services provided by the telecommunications carrier shall not23 be subject to the imputation test required in this Section.24 (Source: P.A. 87-856.) 25 (220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2) 26 (Section scheduled to be repealed on July 1, 2001) 27 Sec. 13-505.2. Nondiscrimination in the provision of 28 telecommunications noncompetitiveservices. A 29 telecommunications carrier that offers both noncompetitive30 and competitive servicesshall offer telecommunications the31 noncompetitiveservices under the same rates, terms, and 32 conditions without unreasonable discrimination to all 33 persons, including all telecommunications carriers and -18- LRB9111025JSpc 1 competitors. Unreasonable discrimination shall not be deemed 2 to include differing terms and conditions that are in 3 response to competition in the telecommunications 4 marketplace. A telecommunications carrier that offers a5 noncompetitive service together with any optional feature or6 functionality shall offer the noncompetitive service together7 with each optional feature or functionality under the same8 rates, terms, and conditions without unreasonable9 discrimination to all persons, including all10 telecommunications carriers and competitors.11 (Source: P.A. 87-856.) 12 (220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3) 13 (Section scheduled to be repealed on July 1, 2001) 14 Sec. 13-505.3. Services for resale. A 15 telecommunications carrier that offers both noncompetitive16 and competitive servicesshall offer all noncompetitive17 services, together with each applicable optional feature or 18 functionality, subject to resale ; however, the Commission may19 determine under Article IX of this Act that certain20 noncompetitive services, together with each applicable21 optional feature or functionality, that are offered to22 residence customers under different rates, charges, terms, or23 conditions than to other customers should not be subject to24 resale under the rates, charges, terms, or conditions25 available only to residence customers. 26 (Source: P.A. 87-856.) 27 (220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4) 28 (Section scheduled to be repealed on July 1, 2001) 29 Sec. 13-505.4. Provision of noncompetitive services. 30 (a) A telecommunications carrier that offers or provides 31 a noncompetitive service, service element, feature, or 32 functionality ("covered service") on a separate, stand-alone -19- LRB9111025JSpc 1 basis to any customer shall provide that covered service ,2 service element, feature, or functionalitypursuant to tariff 3 to all persons, including all telecommunications carriers and 4 competitors, in accordance with the provisions of this 5 Article and provided that where such covered service is 6 requested by or on behalf of a carrier or competitor, such 7 covered service is necessary and its failure to be provided 8 would substantially impair the ability of the requestor to 9 provide a telecommunications service. 10 (b) A telecommunications carrier that offers or provides 11 a noncompetitive service, service element, feature, or 12 functionality to any customer as part of an offering of 13 competitive services pursuant to tariff or contract shall 14 publicly disclose the offering or provisioning of the 15 noncompetitive service, service element, feature, or 16 functionality by filing with the Commission information that 17 generally describes the offering or provisioning and that 18 shows the rates, terms, and conditions of the noncompetitive 19 service, service element, feature, or functionality. The 20 information shall be filed with the Commission concurrently 21 with the filing of the tariff or not more than 10 days 22 following the customer's acceptance of the offering in a 23 contract. 24 (Source: P.A. 87-856.) 25 (220 ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5) 26 (Section scheduled to be repealed on July 1, 2001) 27 Sec. 13-505.5. Requests for new noncompetitive services. 28 Any party may petition the Commission to request the 29 provision of a noncompetitive service not currently provided 30 by a telecommunications local exchangecarrier within its 31 service territory. The Commission shall grant the petition, 32 if provided thatit can be demonstrated that the provisioning 33 of the requested service is technically and economically -20- LRB9111025JSpc 1 practicable considering demand for the service, that the 2 service is necessary, that failure to provide the service 3 would substantially impair the petitioner's ability to 4 provide a telecommunication service, and absent a finding5 that provision of the service is otherwiseand failure to 6 provide the service would be contrary to the public interest. 7 The Commission shall render its decision within 180 days 8 after the filing of the petition unless extension of the time 9 period is agreed to by all the parties to the proceeding. 10 The petitioner shall at all times during the proceeding have 11 the burden of proof. 12 (Source: P.A. 87-856.) 13 (220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6) 14 (Section scheduled to be repealed on July 1, 2001) 15 Sec. 13-505.6. Unbundling of noncompetitive services. A 16 telecommunications carrier that provides both noncompetitive17 and competitive telecommunications servicesshall provide all 18 noncompetitive telecommunications services on an unbundled 19 basis to the same extent the Federal Communications 20 Commission requires that carrier to unbundle the same 21 services provided under its jurisdiction. The Illinois 22 Commerce Commission may require additional unbundling of 23 noncompetitive telecommunications services over which it has 24 jurisdiction based on a determination, after notice and 25 hearing, that additional unbundling is necessary, that 26 failure to provide it will substantially impair the ability 27 of another telecommunications carrier to provide a 28 telecommunications service, and that such unbundling is in 29 the public interest and is consistent with the policy goals 30 and other provisions of this Act. 31 (Source: P.A. 87-856.) 32 (220 ILCS 5/13-512) -21- LRB9111025JSpc 1 (Section scheduled to be repealed on July 1, 2001) 2 Sec. 13-512. Rules; review. The Commission shall have 3 general rulemaking authority to make rules necessary to 4 enforce this Article. However, not later than 270 days after 5 the effective date of this amendatory Act of 1997, and every 6 2 years thereafter, the Commission shall review all rules 7 issued under this Article that apply to the operations or 8 activities of anytelecommunications carriers carrier. The 9 Commission shall, after notice and hearing, repeal or modify 10 any rule it determines to be no longer in the public interest 11 as the result of the reasonable availability of competitive 12 telecommunications services. As part of the review, the 13 Commission shall ensure that all rules not repealed are 14 equally applicable to all telecommunications carriers and 15 that any waiver of a rule as to any carrier shall apply 16 equally to all other carriers. The Commission shall provide 17 a report to the Legislature after each 2-year review period 18 summarizing the review process undertaken and certifying the 19 equal application of its rules to telecommunications 20 carriers. 21 (Source: P.A. 90-185, eff. 7-23-97.) 22 (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803) 23 (Section scheduled to be repealed on July 1, 2001) 24 Sec. 13-803. Repealer. The provisions of this Article 25 XIII are repealed effective July 1, 2005 2001. 26 (Source: P.A. 90-185, eff. 7-23-97.) 27 (220 ILCS 5/13-507 rep.) 28 (220 ILCS 5/13-601 rep.) 29 Section 10. The Public Utilities Act is amended by 30 repealing Sections 13-507 and 13-601. 31 Section 99. Effective date. This Act takes effect upon -22- LRB9111025JSpc 1 becoming law. -23- LRB9111025JSpc 1 INDEX 2 Statutes amended in order of appearance 3 220 ILCS 5/3-105 from Ch. 111 2/3, par. 3-105 4 220 ILCS 5/3-112 from Ch. 111 2/3, par. 3-112 5 220 ILCS 5/4-402 from Ch. 111 2/3, par. 4-402 6 220 ILCS 5/5-109 from Ch. 111 2/3, par. 5-109 7 220 ILCS 5/13-101 from Ch. 111 2/3, par. 13-101 8 220 ILCS 5/13-103 from Ch. 111 2/3, par. 13-103 9 220 ILCS 5/13-202 from Ch. 111 2/3, par. 13-202 10 220 ILCS 5/13-203 from Ch. 111 2/3, par. 13-203 11 220 ILCS 5/13-502 from Ch. 111 2/3, par. 13-502 12 220 ILCS 5/13-504 from Ch. 111 2/3, par. 13-504 13 220 ILCS 5/13-505.1 from Ch. 111 2/3, par. 13-505.1 14 220 ILCS 5/13-505.2 from Ch. 111 2/3, par. 13-505.2 15 220 ILCS 5/13-505.3 from Ch. 111 2/3, par. 13-505.3 16 220 ILCS 5/13-505.4 from Ch. 111 2/3, par. 13-505.4 17 220 ILCS 5/13-505.5 from Ch. 111 2/3, par. 13-505.5 18 220 ILCS 5/13-505.6 from Ch. 111 2/3, par. 13-505.6 19 220 ILCS 5/13-512 20 220 ILCS 5/13-803 from Ch. 111 2/3, par. 13-803 21 220 ILCS 5/13-507 rep. 22 220 ILCS 5/13-601 rep.
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