State of Illinois
91st General Assembly
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91_SB1879

 
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 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  and
29        operated by any political subdivision, public institution
30        of  higher  education  or  municipal  corporation of this
31        State,  or  public  utilities  that  are  owned  by  such
 
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 1        political  subdivision,  public  institution  of   higher
 2        education,  or  municipal corporation and operated by any
 3        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
 
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 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 affect
30    pending actions or proceedings, civil  or  criminal,  in  any
31    court  or  other tribunal brought by or against the People of
32    the State of Illinois or the Illinois Commerce Commission  or
 
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 1    by any other person, firm or corporation under the provisions
 2    of this Act or any other Act establishing or conferring power
 3    on  the  Commission,  nor  abate any causes of action arising
 4    thereunder, but the same may be  instituted,  prosecuted  and
 5    defended  with  the same effect as though this amendatory Act
 6    had  not  been  passed.   Any   investigation,   hearing   or
 7    proceeding,  instituted  or conducted by the Commission prior
 8    to  the  taking  effect  of  this  amendatory  Act  shall  be
 9    conducted and continued  to  a  final  determination  by  the
10    Commission with the same effect as if this amendatory Act had
11    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
 
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 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  have
 7    authority  to  require  any  public  utility  to file monthly
 8    reports of earnings and expenses of such utility, and to file
 9    other periodical or special, or both periodical  and  special
10    reports  concerning  any matter about which the Commission is
11    authorized by law to keep itself informed. All reports  shall
12    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 to
25    public  inspection,   unless   otherwise   ordered   by   the
26    Commission.  Such reports shall be preserved in the office of
27    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
 
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 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 or report
 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
 
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 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 providing
33    competitive  telecommunications  services,  as   defined   in
34    Section 13-209, or the cost of any nonregulated activities;
 
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 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 owned
30    and operated by any political subdivision, public or  private
31    institution  of  higher education or municipal corporation of
32    this State, for their own use, or telecommunications carriers
33    that are owned  by  such  political  subdivision,  public  or
 
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 1    private   institution   of  higher  education,  or  municipal
 2    corporation and operated by any of its lessees  or  operating
 3    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:
 
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 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;
 
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 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) private
 7    line service which is not directly or indirectly used for the
 8    origination or  termination  of  switched  telecommunications
 9    service,   (2)   cellular   radio   service,  (3)  high-speed
10    point-to-point data transmission at or above 9.6 kilobits, or
11    (4) the provision of telecommunications service by a  company
12    or  person  otherwise  subject  to  Section  13-202  (c) to a
13    telecommunications  carrier,  which  is  incidental  to   the
14    provision  of  service  subject  to  Section 13-202 (c), from
15    active regulatory oversight to the  extent  it  finds,  after
16    notice, hearing and comment that such exclusion is consistent
17    with  the  public  interest  and the purposes and policies of
18    this Article. To the extent that the Commission has  excluded
19    cellular  radio  service from active regulatory oversight for
20    any provider of cellular radio service in this State pursuant
21    to this Section,  the  Commission  shall  exclude  all  other
22    providers  of cellular radio service in the State from active
23    regulatory  oversight  without   an   additional   rulemaking
24    proceeding  where  there are 2 or more certified providers of
25    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   tariff   by   telecommunications  carriers  shall  be
32    classified  as  either  competitive  or  noncompetitive.    A
33    telecommunications   carrier  may  offer  or  provide  either
 
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 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.
 
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 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 to
31    it under this Act, or to seek an appropriate remedy or relief
32    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   telecommunications
28    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 telecommunications
15    carrier that provides  both  competitive  and  noncompetitive
16    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    of
16    subsection (a), if a telecommunications carrier permits other
17    telecommunications carriers to purchase interexchange private
18    line  services, except those provided under contract or other
19    form of agreement  pursuant  to  the  provisions  of  Section
20    13-509,  under the same tariffed rates, terms, and conditions
21    as any other customer, then such interexchange  private  line
22    services provided by the telecommunications carrier shall not
23    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      noncompetitive      services.       A
29    telecommunications carrier that  offers  both  noncompetitive
30    and  competitive  services shall offer telecommunications the
31    noncompetitive services 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  a
 5    noncompetitive  service together with any optional feature or
 6    functionality shall offer the noncompetitive service together
 7    with each optional feature or functionality  under  the  same
 8    rates,    terms,    and   conditions   without   unreasonable
 9    discrimination    to    all    persons,     including     all
10    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  noncompetitive
16    and  competitive  services  shall  offer  all  noncompetitive
17    services,  together  with each applicable optional feature or
18    functionality, subject to resale; however, the Commission may
19    determine  under  Article  IX  of  this  Act   that   certain
20    noncompetitive   services,   together  with  each  applicable
21    optional  feature  or  functionality,  that  are  offered  to
22    residence customers under different rates, charges, terms, or
23    conditions than to other customers should not be  subject  to
24    resale   under  the  rates,  charges,  terms,  or  conditions
25    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 functionality pursuant 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  exchange carrier within its
31    service territory.  The Commission shall grant the  petition,
32    if provided that it 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 finding
 5    that provision of the service is  otherwise  and  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  noncompetitive
17    and competitive telecommunications services shall 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  any telecommunications 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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