State of Illinois
91st General Assembly
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91_SB1665

 
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 1        AN  ACT  to  amend  the  Public Utilities Act by changing
 2    Sections 13-506.1, 13-508, 13-515,  13-516,  and  13-803  and
 3    adding Sections 13-202.1 and 13-408.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section  5.  The  Public  Utilities  Act  is  amended  by
 7    changing  Sections  13-506.1,  13-508,  13-515,  13-516,  and
 8    13-803 and adding Sections 13-202.1 and 13-408 as follows:

 9        (220 ILCS 5/13-202.1 new)
10        Sec.   13-202.1.  Incumbent   local   exchange   carrier.
11    "Incumbent local exchange carrier" means, with respect to  an
12    area, the local exchange carrier, including its successors or
13    assigns,  that  provided  telephone  exchange service in that
14    area on February 8, 1996 and on that date was deemed to be  a
15    member  of  the  exchange  carrier association pursuant to 47
16    C.F.R. 69.601(b).

17        (220 ILCS 5/13-408 new)
18        Sec. 13-408.  Duties of telecommunications carriers.
19        (a)  A  telecommunications  carrier  shall  comply   with
20    applicable  federal  laws  and federal regulations, orders of
21    the Federal Communications  Commission,  and  orders  of  the
22    Illinois  Commerce  Commission.  The  duty to comply with any
23    federal regulation or order shall not  obviate  the  duty  to
24    comply with a rule or order of the Commission.
25        A telecommunications carrier has the duty to interconnect
26    directly  or  indirectly with the facilities and equipment of
27    other telecommunications carriers and the duty not to install
28    network features, functions,  or  capabilities  that  do  not
29    comply with the guidelines and standards established pursuant
30    to 47 U.S.C. 255 and 256.
 
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 1        (b)  A local exchange carrier has the following duties:
 2             (1)  the  duty  not  to  prohibit, and not to impose
 3        unreasonable or discriminatory conditions or  limitations
 4        on, the resale of its telecommunications services;
 5             (2)  the  duty to provide, to the extent technically
 6        feasible,   number   portability   in   accordance   with
 7        requirements prescribed  by  the  Federal  Communications
 8        Commission;
 9             (3)  the duty to provide dialing parity to competing
10        providers  of telecommunications services and the duty to
11        permit all of those providers to  have  nondiscriminatory
12        access to telephone numbers, operator services, directory
13        assistance,  and  directory listing, with no unreasonable
14        dialing delays;
15             (4)  the duty to afford access to the poles,  ducts,
16        conduits,  and  rights-of-way of the carrier to competing
17        providers of telecommunications services on rates, terms,
18        and conditions that are consistent with 47 U.S.C. 224;
19             (5)  the duty to establish  reciprocal  compensation
20        arrangements   for   the  transport  and  termination  of
21        telecommunications.
22        (c)  An incumbent local exchange  carrier  also  has  the
23    following additional duties:
24             (1)  The   duty  to  negotiate  in  good  faith,  in
25        accordance with 47 U.S.C. 252, the particular  terms  and
26        conditions  of agreements to fulfill the duties described
27        in paragraphs (1) through (5) of subsection (b)  of  this
28        Section   and   in   this   subsection.   The  requesting
29        telecommunications carrier also has the duty to negotiate
30        in  good  faith  the  terms  and  conditions   of   those
31        agreements.
32             (2)  The  duty  to  provide,  for the facilities and
33        equipment of any requesting  telecommunications  carrier,
34        interconnection   with   the   local  exchange  carrier's
 
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 1        network:
 2                  (A)  for  the  transmission  and   routing   of
 3             telephone exchange service and exchange access;
 4                  (B)  at  any  technically feasible point within
 5             the carrier's network;
 6                  (C)  that is at least equal in quality to  that
 7             provided  by the local exchange carrier to itself or
 8             to any subsidiary,  affiliate,  or  other  party  to
 9             which the carrier provides interconnection; and
10                  (D)  on  rates,  terms, and conditions that are
11             just,   reasonable,   and   nondiscriminatory,    in
12             accordance  with  the  terms  and  conditions of the
13             agreement and the requirements of this  Section  and
14             47 U.S.C. 252.
15                       (i)  An  incumbent  local exchange carrier
16                  shall   develop   and   implement   performance
17                  measurements  designed  to  (1)   measure   the
18                  quality  of  service  it  provides to competing
19                  local exchange carriers and (2) to ensure  that
20                  the  quality  of  service  it provides to those
21                  carriers is at least equal to  the  service  it
22                  provides  to  itself, its subsidiaries, and its
23                  affiliates.  The Commission shall establish and
24                  publish a  list  of  performance  measurements,
25                  which  shall  include  all  of  the performance
26                  measurements  required  to  be  used   by   the
27                  Commission   pursuant   to  I.C.C.  Docket  No.
28                  98-0555, issued on  September  23,  1999.   All
29                  performance   measurements   mandated   by  the
30                  Commission shall be fully implemented no  later
31                  than  June  1, 2000.  The Commission shall make
32                  the determination as to  whether  all  required
33                  performance   measurements   have   been  fully
34                  implemented by June  1,  2000.    An  incumbent
 
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 1                  local   exchange   carrier   shall   be   fined
 2                  $30,000,000   for   failure  to  implement  all
 3                  performance measurements by June 1,  2000.   An
 4                  incumbent  local  exchange carrier's failure to
 5                  implement one or more performance  measurements
 6                  or  its  failure to meet the benchmark level of
 7                  service prescribed in one or  more  performance
 8                  measurements   shall   result   in  payment  of
 9                  liquidated damages not to  exceed  $90,000,000.
10                  The Commission shall determine the distribution
11                  of   any   fines   and   the   calculation  and
12                  distribution of any liquidated damages.
13                       (ii)  An incumbent local exchange  carrier
14                  shall  make available to any requesting carrier
15                  in Illinois interconnection  arrangements  that
16                  the  incumbent local exchange carrier or any of
17                  its subsidiaries or affiliates offer or provide
18                  in  other  states.  Incumbent  local   exchange
19                  carriers   shall   also   make   available   to
20                  requesting carriers in Illinois interconnection
21                  arrangements  that  any  of its subsidiaries or
22                  affiliates has obtained in another state. These
23                  interconnection provisions shall  be  available
24                  in Illinois no later than June 1, 2000.
25             (3)  The   duty   to   provide,  to  any  requesting
26        telecommunications  carrier  for  the  provision   of   a
27        telecommunications  service,  nondiscriminatory access to
28        network elements on an unbundled basis at any technically
29        feasible point on rates, terms, and conditions  that  are
30        just,  reasonable,  and  nondiscriminatory  in accordance
31        with the terms and conditions of the  agreement  and  the
32        requirements  of  this  Section  and  47  U.S.C.  252. An
33        incumbent local  exchange  carrier  shall  provide  those
34        unbundled  network  elements  in  a  manner  that  allows
 
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 1        requesting carriers to combine those elements in order to
 2        provide telecommunications service.
 3                       (i)  An  incumbent  local exchange carrier
 4                  shall provide a carrier  purchasing  access  to
 5                  unbundled    network    elements    with    the
 6                  pre-ordering,      ordering,      provisioning,
 7                  maintenance  and  repair, and billing functions
 8                  of  the  incumbent  local  exchange   carrier's
 9                  operations   support  systems.   The  incumbent
10                  local exchange carrier shall provide access  to
11                  its  operations  support systems at parity with
12                  the  incumbent  local  exchange  carrier's  own
13                  access  to  its  operations  support   systems.
14                  Parity   access  to  incumbent  local  exchange
15                  carrier operations support systems must be made
16                  available to any requesting  carrier  no  later
17                  than January 1, 2002.
18             (4)  The  duty  (A) to offer for resale at wholesale
19        rates any telecommunications  service  that  the  carrier
20        provides   at   retail   to   subscribers   who  are  not
21        telecommunications carriers and (B) not to prohibit,  and
22        not  to  impose unreasonable or discriminatory conditions
23        or limitations on, the resale of that  telecommunications
24        service,  except  that  the  Illinois Commerce Commission
25        may,  consistent  with  regulations  prescribed  by   the
26        Federal  Communications  Commission,  prohibit a reseller
27        that obtains  at  wholesale  rates  a  telecommunications
28        service that is available at retail only to a category of
29        subscribers  from  offering  that  service to a different
30        category of subscribers.
31             (5)  The duty to provide reasonable public notice of
32        changes in the information necessary for the transmission
33        and  routing  of  services  using  that  local   exchange
34        carrier's facilities or networks, as well as of any other
 
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 1        changes  that would affect the inter-operability of those
 2        facilities and networks.
 3             (6)  The duty  to  provide,  on  rates,  terms,  and
 4        conditions     that    are    just,    reasonable,    and
 5        nondiscriminatory, for physical collocation of  equipment
 6        necessary  for  interconnection  or  access  to unbundled
 7        network elements at the premises of  the  local  exchange
 8        carrier,  except that the carrier may provide for virtual
 9        collocation if the local exchange carrier demonstrates to
10        the   Illinois   Commerce   Commission   that    physical
11        collocation  is  not  practical  for technical reasons or
12        because of space limitations.
13        (d)  The exemption for certain rural telephone  companies
14    as  described in 47 U.S.C. 251(f) is adopted and incorporated
15    by reference.
16        (e)  The Commission may approve a  deadline,  other  than
17    the  deadline provided in this Section, for compliance with a
18    requirement of this Section by a  telecommunications  carrier
19    with  fewer  than  1,000,000  access lines in Illinois if the
20    Commission finds, after notice and hearing,  that  compliance
21    with  a  deadline  provided  in this Section would impair the
22    ability of  the  petitioning  carrier  to  meet  its  service
23    obligations,  however,  the  Commission  may  not  approve  a
24    deadline  for compliance with any requirement of this Section
25    that is later than January 1, 2003.
26        (f)  The Commission shall submit a report to the  General
27    Assembly  no  later than 180 days after the effective date of
28    this amendatory Act of the 91st General  Assembly,  and  each
29    180  days  thereafter  through the end of calendar year 2003,
30    describing  the  extent  to  which  each   telecommunications
31    carrier  certificated  to provide service in this State is in
32    compliance with each of the  requirements  of  this  Section.
33    The  report  shall  also  describe  the  nature,  status, and
34    disposition of  any  complaints  filed  with  the  Commission
 
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 1    concerning  both  failure  to  comply  with  this  Section or
 2    violations of Section 13-514.

 3        (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
 4        (Section scheduled to be repealed on July 1, 2001)
 5        Sec.  13-506.1.  Alternative  forms  of  regulation   for
 6    noncompetitive services.
 7        (a)  Notwithstanding  any of the ratemaking provisions of
 8    this Article or Article IX that are deemed to require rate of
 9    return regulation, the Commission may  implement  alternative
10    forms of regulation in order to establish just and reasonable
11    rates    for   noncompetitive   telecommunications   services
12    including, but not limited  to,  price  regulation,  earnings
13    sharing,  rate  moratoria,  or  a network modernization plan.
14    The Commission is authorized  to  adopt  different  forms  of
15    regulation to fit the particular characteristics of different
16    telecommunications carriers and their service areas.
17        In  addition  to  the  public  policy  goals  declared in
18    Section 13-103, the Commission shall consider, in determining
19    the appropriateness of any alternative  form  of  regulation,
20    whether it will:
21             (1)  reduce regulatory delay and costs over time;
22             (2)  encourage innovation in services;
23             (3)  promote efficiency;
24             (4)  facilitate the broad dissemination of technical
25        improvements to all classes of ratepayers;
26             (5)  enhance economic development of the State; and
27             (6)  provide for fair, just, and reasonable rates.
28        (b)  A      telecommunications      carrier     providing
29    noncompetitive telecommunications services may  petition  the
30    Commission   to   regulate   the  rates  or  charges  of  its
31    noncompetitive  services  under  an   alternative   form   of
32    regulation.  The telecommunications carrier shall submit with
33    its  petition its plan for an alternative form of regulation.
 
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 1    The Commission shall review and  may  modify  or  reject  the
 2    carrier's  proposed  plan.   The Commission also may initiate
 3    consideration  of  alternative  forms  of  regulation  for  a
 4    telecommunications carrier on its own motion. The  Commission
 5    may  approve  the  plan  or  modified  plan and authorize its
 6    implementation only if it finds, after  notice  and  hearing,
 7    that the plan or modified plan at a minimum:
 8             (1)  is in the public interest;
 9             (2)  will  produce  fair, just, and reasonable rates
10        for telecommunications services;
11             (3)  responds  to  changes  in  technology  and  the
12        structure of the telecommunications industry that are, in
13        fact, occurring;
14             (4)  constitutes  a   more   appropriate   form   of
15        regulation    based    on    the   Commission's   overall
16        consideration of the policy goals set  forth  in  Section
17        13-103 and this Section;
18             (5)  specifically  identifies  how  ratepayers  will
19        benefit  from  any efficiency gains, cost savings arising
20        out  of  the  regulatory  change,  and  improvements   in
21        productivity due to technological change;
22             (6)  will  maintain  the quality and availability of
23        telecommunications services; and
24             (7)  will not unduly or  unreasonably  prejudice  or
25        disadvantage  any  particular  customer  class, including
26        telecommunications carriers.
27        (c)  An alternative regulation plan approved  under  this
28    Section shall provide, as a condition for Commission approval
29    of  the  plan,  that  for  the  first  3 years the plan is in
30    effect, basic residence service rates shall be no higher than
31    those rates in effect 180 days before the filing of the plan.
32    This provision shall  not  be  used  as  a  justification  or
33    rationale  for  an  increase  in  basic service rates for any
34    other customer class.  For purposes of this  Section,  "basic
 
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 1    residence service rates" shall mean monthly recurring charges
 2    for  the  telecommunications  carrier's lowest priced primary
 3    residence network access lines,  along  with  any  associated
 4    untimed  or  flat  rate local usage charges.  Nothing in this
 5    subsection (c) shall preclude the Commission  from  approving
 6    an   alternative   regulation   plan  that  results  in  rate
 7    reductions provided all the requirements  of  subsection  (b)
 8    are satisfied by the plan.
 9        (d)  Any  alternative  form  of  regulation granted for a
10    multi-year period under this Section shall provide for annual
11    or more frequent reporting to the Commission to document that
12    the requirements of the plan are being properly implemented.
13        (e)  Upon petition by the telecommunications  carrier  or
14    any  other  person or upon its own motion, the Commission may
15    rescind its approval of an alternative form of regulation if,
16    after notice and hearing, it finds that  the  conditions  set
17    forth  in  subsection  (b)  of  this Section can no longer be
18    satisfied.  Any person may file a complaint alleging that the
19    rates  charged  by  a  telecommunications  carrier  under  an
20    alternative  form   of   regulation   are   unfair,   unjust,
21    unreasonable,  unduly  discriminatory,  or  are otherwise not
22    consistent with the requirements of this  Article;  provided,
23    that  the  complainant  shall  bear the burden of proving the
24    allegations in the complaint.
25        (f)  Nothing  in  this  Section  shall  be  construed  to
26    authorize the Commission to render Sections 9-241, 9-250, and
27    13-505.2 inapplicable to noncompetitive services.
28        (g)  If an incumbent  local  exchange  carrier  fails  to
29    comply  with  any  of  the  effective requirements of Section
30    13-408,  that  carrier  may  not  be   regulated   under   an
31    alternative  form  of  regulation.   The  Commission  may not
32    approve an alternative regulation plan for an incumbent local
33    exchange carrier not in compliance with Section 13-408.   For
34    an  incumbent  local exchange carrier in violation of Section
 
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 1    13-408 and operating under  an  already-approved  alternative
 2    regulation plan, the Commission shall immediately impose rate
 3    of  return regulation and commence a rate proceeding pursuant
 4    to Section 9-201 to determine just and reasonable rates.
 5    (Source: P.A. 87-856.)

 6        (220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
 7        (Section scheduled to be repealed on July 1, 2001)
 8        Sec. 13-508.  (a)  The Commission  is  authorized,  after
 9    notice  and  hearing,  to  order a telecommunications carrier
10    which offers or provides both competitive and  noncompetitive
11    telecommunications  service  to  establish  a fully separated
12    subsidiary to provide all or part of such competitive service
13    where:
14             (1)(a)  no  less  costly  means  is  available   and
15        effective   in   fully   and   properly  identifying  and
16        allocating costs between such carrier's  competitive  and
17        noncompetitive telecommunications services; and
18             (2)(b)  the  incremental  cost  of  establishing and
19        maintaining such subsidiary would not  require  increases
20        in  rates  or  charges  to levels which would effectively
21        preclude  the  offer  or  provision   of   the   affected
22        competitive telecommunications service.
23        (b) The Commission shall, after notice and hearing, order
24    structural  separation of an incumbent local exchange carrier
25    if, after January 1, 2002, the carrier is not  in  compliance
26    with   Section   13-408.   Structural  separation  means  the
27    separation of an incumbent local exchange  carrier's  network
28    element   facilities,   services,   and   business   into  an
29    independent, publicly-owned company separate and  apart  from
30    the incumbent local exchange carrier's retail services.
31    (Source: P.A. 84-1063.)

32        (220 ILCS 5/13-515)
 
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 1        (Section scheduled to be repealed on July 1, 2001)
 2        Sec. 13-515.  Enforcement.
 3        (a)  The  following expedited procedures shall be used to
 4    enforce the provisions of Sections Section 13-408 and  13-514
 5    of  this  Act except as provided in subsection (b).  However,
 6    the Commission,  the  complainant,  and  the  respondent  may
 7    mutually  agree  to adjust the procedures established in this
 8    Section.   If  the   Commission   determines,   pursuant   to
 9    subsection  (b),  that  the  procedural  provisions  of  this
10    Section  do  not apply, the complaint shall continue pursuant
11    to the general complaint provisions of Article X.
12        (b)  (Blank).  The provisions of this Section  shall  not
13    apply  to an allegation of a violation of item (8) of Section
14    13-514 by a Bell operating company, as defined in  Section  3
15    of  the  federal  Telecommunications  Act of 1996, unless and
16    until such company or its affiliate is authorized to  provide
17    inter-LATA  services  under  Section  271(d)  of  the federal
18    Telecommunications Act of 1996;  provided,  however,  that  a
19    complaint  setting  forth  a separate independent basis for a
20    violation of Section 13-514 may proceed  under  this  Section
21    notwithstanding  that  the alleged acts or omissions may also
22    constitute a violation of item (8) of Section 13-514.
23        (c)  No complaint may be filed under this  Section  until
24    the  complainant  has  first  notified  the respondent of the
25    alleged violation and offered  the  respondent  48  hours  to
26    correct   the   situation.    Provision  of  notice  and  the
27    opportunity to correct the  situation  creates  a  rebuttable
28    presumption of knowledge under Section 13-514.
29        (d)  A  telecommunications  carrier  may file a complaint
30    with the Commission alleging a violation of Section 13-514 in
31    accordance with this subsection:
32             (1)  The complaint shall be  filed  with  the  Chief
33        Clerk  of the Commission and shall be served in hand upon
34        the respondent, the executive director, and  the  general
 
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 1        counsel of the Commission at the time of the filing.
 2             (2)  A  complaint  filed under this subsection shall
 3        include a statement that the requirements  of  subsection
 4        (c)  have  been fulfilled and that the respondent did not
 5        correct the situation as requested.
 6             (3)  Reasonable discovery specific to the  issue  of
 7        the complaint may commence upon filing of the complaint.
 8        Requests  for  discovery  must  be  served  in  hand  and
 9        responses  to  discovery  must be provided in hand to the
10        requester within 14 days after a request for discovery is
11        made.
12             (4)  An answer and any other responsive pleading  to
13        the  complaint  shall  be  filed  with the Commission and
14        served in hand at the same time upon the complainant, the
15        executive  director,  and  the  general  counsel  of  the
16        Commission within 7 days after  the  date  on  which  the
17        complaint is filed.
18             (5)  If the answer or responsive pleading raises the
19        issue  that the complaint violates subsection (i) of this
20        Section,  the  complainant  may  file  a  reply  to  such
21        allegation within 3 days after  actual  service  of  such
22        answer  or  responsive pleading.  Within 4 days after the
23        time for filing a reply has expired, the hearing  officer
24        or  arbitrator  shall  either  issue  a  written decision
25        dismissing the complaint as  frivolous  in  violation  of
26        subsection  (i) of this Section including the reasons for
27        such disposition or shall issue an order  directing  that
28        the complaint shall proceed.
29             (6)  A  pre-hearing  conference shall be held within
30        14 days after the date on which the complaint is filed.
31             (7)  The hearing shall commence within  30  days  of
32        the  date  on  which the complaint is filed.  The hearing
33        may  be  conducted  by  a  hearing  examiner  or  by   an
34        arbitrator.   Parties  and  the Commission staff shall be
 
                            -13-               LRB9112800JSpc
 1        entitled to present evidence and legal argument  in  oral
 2        or  written  form  as  deemed  appropriate by the hearing
 3        examiner  or  arbitrator.   The   hearing   examiner   or
 4        arbitrator  shall issue a written decision within 60 days
 5        after the date on which  the  complaint  is  filed.   The
 6        decision shall include reasons for the disposition of the
 7        complaint and, if a violation of Section 13-514 is found,
 8        directions   and   a   deadline  for  correction  of  the
 9        violation.
10             (8)  Any party may file a  petition  requesting  the
11        Commission to review the decision of the hearing examiner
12        or  arbitrator within 5 days of such decision.  Any party
13        may file a response to a petition  for  review  within  3
14        business  days  after  actual  service  of  the petition.
15        After the time for filing of the petition for review, but
16        no later than 15 days after the decision of  the  hearing
17        examiner  or  arbitrator,  the Commission shall decide to
18        adopt the decision of the hearing examiner or  arbitrator
19        or shall issue its own final order.
20        (e)  If  the  alleged violation has a substantial adverse
21    effect on the ability of the complainant to  provide  service
22    to  customers, the complainant may include in its complaint a
23    request for an order for emergency relief.   The  Commission,
24    acting through its designated hearing examiner or arbitrator,
25    shall  act  upon such a request within 2 business days of the
26    filing of the complaint.  An order for emergency  relief  may
27    be  granted,  without an evidentiary hearing, upon a verified
28    factual showing that the party  seeking  relief  will  likely
29    succeed on the merits, that the party will suffer irreparable
30    harm in its ability to serve customers if emergency relief is
31    not  granted,  and  that the order is in the public interest.
32    An order for emergency relief shall include  a  finding  that
33    the  requirements  of this subsection have been fulfilled and
34    shall specify the directives that must be  fulfilled  by  the
 
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 1    respondent  and  deadlines for meeting those directives.  The
 2    decision of the hearing examiner or arbitrator  to  grant  or
 3    deny  emergency  relief  shall  be considered an order of the
 4    Commission unless the Commission enters its own order  within
 5    2  calendar  days  of the decision of the hearing examiner or
 6    arbitrator.  The order for emergency relief may  require  the
 7    responding  party  to  act  or  refrain  from acting so as to
 8    protect the provision of  competitive  service  offerings  to
 9    customers.   Any action required by an emergency relief order
10    must be technically feasible and economically reasonable  and
11    the  respondent  must be given a reasonable period of time to
12    comply with the order.
13        (f)  The  Commission  is  authorized  to  obtain  outside
14    resources including, but  not  limited  to,  arbitrators  and
15    consultants  for  the  purposes of the hearings authorized by
16    this Section.  Any arbitrator or consultant obtained  by  the
17    Commission  shall be approved by both parties to the hearing.
18    The cost of such outside resources including, but not limited
19    to,  arbitrators  and  consultants  shall  be  borne  by  the
20    parties.   The  Commission  shall   review   the   bill   for
21    reasonableness  and  assess  the parties for reasonable costs
22    dividing  the  costs  according  to  the  resolution  of  the
23    complaint brought under this Section.  Such  costs  shall  be
24    paid by the parties directly to the arbitrators, consultants,
25    and other providers of outside resources within 60 days after
26    receiving  notice  of  the  assessments  from the Commission.
27    Interest at the statutory rate shall accrue after  expiration
28    of   the   60-day   period.    The  Commission,  arbitrators,
29    consultants, or other  providers  of  outside  resources  may
30    apply  to  a  court  of  competent  jurisdiction for an order
31    requiring payment.
32        (g)  The Commission shall assess the parties  under  this
33    subsection for all of the Commission's costs of investigation
34    and  conduct  of  the  proceedings brought under this Section
 
                            -15-               LRB9112800JSpc
 1    including, but not  limited  to,  the  prorated  salaries  of
 2    staff,  attorneys,  hearing  examiners, and support personnel
 3    and including any travel and per diem, directly  attributable
 4    to  the  complaint  brought  pursuant  to  this  Section, but
 5    excluding  those  costs  provided  for  in  subsection   (f),
 6    dividing  the  costs  according  to  the  resolution  of  the
 7    complaint  brought  under this Section.  All assessments made
 8    under this subsection shall be paid into the  Public  Utility
 9    Fund within 60 days after receiving notice of the assessments
10    from  the  Commission.   Interest at the statutory rate shall
11    accrue after the  expiration  of  the  60  day  period.   The
12    Commission  is  authorized  to  apply to a court of competent
13    jurisdiction for an order requiring payment.
14        (h)  If  the  Commission  determines  that  there  is  an
15    imminent threat to competition or to the public interest, the
16    Commission may, notwithstanding any other provision  of  this
17    Act,  seek  temporary,  preliminary,  or permanent injunctive
18    relief from a court of competent jurisdiction either prior to
19    or after the hearing.
20        (i)  A party shall  not  bring  or  defend  a  proceeding
21    brought  under  this Section or assert or controvert an issue
22    in a proceeding brought under this Section, unless there is a
23    non-frivolous basis for doing so.  By presenting a  pleading,
24    written motion, or other paper in complaint or defense of the
25    actions or inaction of a party under this Section, a party is
26    certifying to the Commission that to the best of that party's
27    knowledge, information, and belief, formed after a reasonable
28    inquiry  of  the  subject matter of the complaint or defense,
29    that the complaint or defense is well  grounded  in  law  and
30    fact, and under the circumstances:
31             (1)  it  is  not being presented to harass the other
32        party,  cause  unnecessary  delay  in  the  provision  of
33        competitive telecommunications services to consumers,  or
34        create needless increases in the cost of litigation; and
 
                            -16-               LRB9112800JSpc
 1             (2)  the  allegations  and other factual contentions
 2        have  evidentiary  support   or,   if   specifically   so
 3        identified,  are likely to have evidentiary support after
 4        reasonable  opportunity  for  further  investigation   or
 5        discovery as defined herein.
 6        (j)  If,  after  notice  and  a reasonable opportunity to
 7    respond, the Commission determines that  subsection  (i)  has
 8    been   violated,  the  Commission  shall  impose  appropriate
 9    sanctions upon  the  party  or  parties  that  have  violated
10    subsection  (i)  or  are  responsible for the violation.  The
11    sanctions shall be not more than $7,500, plus the  amount  of
12    expenses   accrued  by  the  Commission  for  conducting  the
13    hearing.  Payment of sanctions imposed under this  subsection
14    shall  be  made  to  the Common School Fund within 30 days of
15    imposition of such sanctions.
16        (k)  An appeal of a Commission  Order  made  pursuant  to
17    this  Section shall not effectuate a stay of the Order unless
18    a court of competent jurisdiction specifically finds that the
19    party seeking the stay will likely  succeed  on  the  merits,
20    that the party will suffer irreparable harm without the stay,
21    and that the stay is in the public interest.
22    (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)

23        (220 ILCS 5/13-516)
24        (Section scheduled to be repealed on July 1, 2001)
25        Sec.  13-516.  Penalties  for  violation  of a Commission
26    order relating to prohibited  actions  of  telecommunications
27    carriers.
28        (a)  Notwithstanding  any  other  provision  of this Act,
29    upon  a  finding  of  a  violation  of  Section  13-515,  the
30    Commission  may  impose  penalties  of  up  to  $30,000   per
31    violation  and  upon  a  finding  of  a  violation of Section
32    13-408,  the  Commission  may  impose  penalties  of  up   to
33    $1,000,000 per violation of a final order or emergency relief
 
                            -17-               LRB9112800JSpc
 1    order  issued  pursuant  to Section 13-515 of this Act.  Each
 2    day of a continuing offense shall be treated  as  a  separate
 3    violation  for  purposes  of  levying  any penalty under this
 4    Section.  The period for which the fine shall be levied shall
 5    commence on the day the Commission order requires  compliance
 6    with  the  order  and  shall  continue  until the party is in
 7    compliance with the Commission order.
 8        (b)  The Commission may  waive  penalties  imposed  under
 9    subsection  (a)  if  it  makes  a  written  finding as to its
10    reasons for waiving the fine.  Reasons  for  waiving  a  fine
11    shall   include,   but   not  be  limited  to,  technological
12    infeasibility and acts of God.
13        (c)  The Commission shall establish  by  rule  procedures
14    for the imposition of penalties under subsection (a) that, at
15    a  minimum,  provide  for notice, hearing and a written order
16    relating to the imposition of penalties.
17        (d)  The Commission is authorized to apply to a court  of
18    competent  jurisdiction  for  an  order  requiring payment of
19    penalties imposed under subsection (a).
20        (e)  Payment of penalties imposed  under  subsection  (a)
21    shall  be  made  to  the Common School Fund within 30 days of
22    issuance of the Commission order imposing the penalties.
23    (Source: P.A. 90-185, eff. 7-23-97.)

24        (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803)
25        (Section scheduled to be repealed on July 1, 2001)
26        Sec. 13-803.  Repealer. The provisions  of  this  Article
27    XIII are repealed effective July 1, 2006 2001.
28    (Source: P.A. 90-185, eff. 7-23-97.)

29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.

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