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92_HB0779 LRB9205376JSpc 1 AN ACT relating to telecommunications. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by 5 changing Sections 13-504 and 13-505 as follows: 6 (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504) 7 (Section scheduled to be repealed on July 1, 2001) 8 Sec. 13-504. Application of ratemaking provisions of 9 Article IX. 10 (a) Except where the context clearly renders such 11 provisions inapplicable, the ratemaking provisions of Article 12 IX of this Act relating to public utilities are fully and 13 equally applicable to the rates, charges, tariffs and 14 classifications for the offer or provision of noncompetitive 15 telecommunications services. However, the ratemaking 16 provisions do not apply to any proposed change in rates or 17 charges, any proposed change in any classification or tariff 18 resulting in a change in rates or charges, or the 19 establishment of new services and rates therefor for a 20 noncompetitive local exchange telecommunications service 21 offered or provided by a local exchange telecommunications 22 carrier with no more than 35,000 subscriber access lines. 23 Proposed changes in rates, charges, classifications, or 24 tariffs meeting these criteria shall be permitted upon the 25 filing of the proposed tariff and 60
30days notice to the 26 Commission and all potentially affected customers by mail 27 with the customer's billing statement. The proposed changes 28 shall not be subject to suspension. The Commission shall 29 investigate whether any proposed change is just and 30 reasonable only if a telecommunications carrier that is a 31 customer of the local exchange telecommunications carrier or -2- LRB9205376JSpc 1 10% of the potentially affected access line subscribers of 2 the local exchange telecommunications carrier shall file a 3 petition or complaint requesting an investigation of the 4 proposed changes. When the telecommunications carrier or 10% 5 of the potentially affected access line subscribers of a 6 local exchange telecommunications carrier file a complaint, 7 the Commission shall, after notice and hearing, have the 8 power and duty to establish the rates, charges, 9 classifications, or tariffs it finds to be just and 10 reasonable. A telecommunications carrier subject to the 11 notice requirements of this Section must provide notified 12 customers with a toll-free telephone number to call regarding 13 the rate increase. 14 (b) Subsection (c) of Section 13-502 and Sections 15 13-505.1, 13-505.4, 13-505.6, and 13-507 of this Article do 16 not apply to rates or charges or proposed changes in rates or 17 charges for applicable competitive or interexchange services 18 when offered or provided by a local exchange 19 telecommunications carrier with no more than 35,000 20 subscriber access lines. In addition, Sections 13-514, 21 13-515, and 13-516 do not apply to telecommunications 22 carriers with no more than 35,000 subscriber access lines. 23 The Commission may require telecommunications carriers with 24 no more than 35,000 subscriber access lines to furnish 25 information that the Commission deems necessary for a 26 determination that rates and charges for any competitive 27 telecommunications service are just and reasonable. 28 (c) For a local exchange telecommunications carrier with 29 no more than 35,000 access lines, the Commission shall 30 consider and adjust, as appropriate, a local exchange 31 telecommunications carrier's depreciation rates only in 32 ratemaking proceedings. 33 (d) Article VI and Sections 7-101 and 7-102 of Article 34 VII of this Act pertaining to public utilities, public -3- LRB9205376JSpc 1 utility rates and services, and the regulation thereof are 2 not applicable to local exchange telecommunication carriers 3 with no more than 35,000 subscriber access lines. 4 (Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.) 5 (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505) 6 (Section scheduled to be repealed on July 1, 2001) 7 Sec. 13-505. Rate changes; competitive services. 8 (a) Any proposed increase or decrease in rates or 9 charges, or proposed change in any classification or tariff 10 resulting in an increase or decrease in rates or charges, for 11 a competitive telecommunications service shall be permitted 12 upon the filing of the proposed rate, charge, classification, 13 or tariff. PriorNotice of an increase shall be given to all 14 potentially affected customers at least 60 days before the 15 effective date of the increase by mail with the customer's 16 billing statement , publication in a newspaper of general17 circulation, or equivalent means of notice. A 18 telecommunications carrier subject to the notice requirements 19 of this Section must provide notified customers with a 20 toll-free telephone number to call regarding the rate 21 increase. 22 (b) If a hearing is held pursuant to Section 9-250 23 regarding the reasonableness of an increase in the rates or 24 charges of a competitive local exchange service, then the 25 telecommunications carrier providing the service shall have 26 the burden of proof to establish the justness and 27 reasonableness of the proposed rate or charge. 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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