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92_SB0605 LRB9202706JSpc 1 AN ACT concerning provision of telecommunications 2 services. 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 8-301, 13-301, 13-302, 13-501, 13-502, 7 13-514, 13-515, and 13-902 as follows: 8 (220 ILCS 5/8-301) (from Ch. 111 2/3, par. 8-301) 9 Sec. 8-301. Service standards. The Commission shall 10 have power to ascertain, determine and fix for each kind of 11 public utility, except for telecommunications carriers 12 providing only competitive services, suitable and convenient 13 standard commercial units of service, product or commodity, 14 which units shall be lawful units for the purposes of this 15 Act; to ascertain, determine and fix adequate and serviceable 16 standards for the measurements of quantity, quality, 17 pressure, initial voltage or other condition pertaining to 18 the performing of its service or to the furnishing of its 19 product or commodity by any public utility, and to prescribe 20 reasonable regulations for examining, measuring and testing 21 such service, product or commodity, and to establish 22 reasonable rules, regulations, specifications and standards 23 to secure the accuracy of all meters and appliances for 24 examining, measuring or testing such service, product or 25 commodity. The Commission may purchase such materials, 26 apparatus and standard measuring instruments as it deems 27 necessary to carry out the provisions of this Section. 28 The Commission shall provide for the inspection of the 29 manner in which every public utility conforms to the 30 reasonable regulations prescribed by the Commission for 31 examining, measuring and testing its service, product or -2- LRB9202706JSpc 1 commodity, and the Commission may supplement such inspections 2 by examining, measuring and testing the service, product or 3 commodity of any public utility. Any consumer or user may 4 have tested any appliance for examining, measuring or testing 5 any such service, product or commodity upon payment of the 6 fees fixed by the Commission. The Commission shall declare 7 and establish reasonable fees to be paid for examining and 8 testing such appliances on the request of consumers or users, 9 the fee to be paid by the consumer or user at the time of his 10 request, but to be repaid to the consumer or user by the 11 public utility if the measuring appliance be found 12 unreasonably defective or incorrect to the disadvantage of 13 the consumer or user. 14 The Commission, its officers, agents, experts or 15 inspectors and employees shall have power to enter upon any 16 premises occupied by any public utility for the purpose of 17 making the examinations and tests provided in the Act, and 18 set up and use on such premises, any apparatus and appliances 19 and occupy reasonable space therefor. 20 All fees collected by the Commission under this Section 21 shall be paid promptly after the receipt of the same, 22 accompanied by a detailed statement of the same, into the 23 Public Utility Fund in the State treasury. 24 (Source: P.A. 84-617.) 25 (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301) 26 (Section scheduled to be repealed on July 1, 2001) 27 Sec. 13-301. Commission duties. Consistent with the 28 findings and policy established in paragraph (a) of Section 29 13-102 and paragraph (a) of Section 13-103, and in order to 30 ensure the attainment of such policies, the Commission shall: 31 (a) participate in all federal programs intended to 32 preserve or extend universal telecommunications service, 33 unless such programs would place cost burdens on Illinois -3- LRB9202706JSpc 1 customers of telecommunications services in excess of the 2 benefits they would receive through participation, provided, 3 however, the Commission shall not approve or permit the 4 imposition of any surcharge or other fee designed to 5 subsidize or provide a waiver for subscriber line charges; 6 and shall report on such programs together with an assessment 7 of their adequacy and the advisability of participating 8 therein in its annual report to the General Assembly, or more 9 often as necessary; 10 (b) establish a program to monitor the level of 11 telecommunications subscriber connection within each exchange 12 in Illinois, and shall report the results of such monitoring 13 and any actions it has taken or recommends be taken to 14 maintain and increase such levels in its annual report to the 15 General Assembly, or more often if necessary; 16 (c) order all telecommunications carriers offering or 17 providing local exchange telecommunications service to 18 propose low-cost or budget service tariffs and any other rate 19 design or pricing mechanisms designed to facilitate customer 20 access to such telecommunications service, and shall after 21 notice and hearing, implement any such proposals which it 22 finds likely to achieve such purpose; 23 (d) investigate the necessity of and, if appropriate, 24 establish a universal service support fund from which local 25 exchange telecommunications carriers who pursuant to the 26 Twenty-Seventh Interim Order of the Commission in Docket No. 27 83-0142 or the orders of the Commission in Docket No. 97-0621 28 and Docket No. 98-0679 received funding and whose economic 29 costs of providing services for which universal service 30 support may be made available exceed the affordable rate 31 established by the Commission for such services may be 32 eligible to receive support, less any federal universal 33 service support received for the same or similar costs of 34 providing the supported services; provided, however, that if -4- LRB9202706JSpc 1 a universal service support fund is established, the 2 Commission shall require that all costs of the fund be 3 recovered from all local exchange and interexchange 4 telecommunications carriers certificated in Illinois on a 5 competitively neutral and nondiscriminatory basis. In 6 establishing any such universal service support fund, the 7 Commission shall, in addition to the determination of costs 8 for supported services, consider and make findings pursuant 9 to paragraphs (1), (2), and (4) of item (e) of this Section. 10 Proxy cost, as determined by the Commission, may be used for 11 this purpose. In determining cost recovery for any universal 12 service support fund, the Commission shall not permit 13 recovery of such costs from another certificated carrier for 14 any service purchased and used solely as an input to a 15 service provided to such certificated carrier's retail 16 customers; and 17 (e) investigate the necessity of and, if appropriate, 18 establish a universal service support fund in addition to any 19 fund that may be established pursuant to item (d) of this 20 Section; provided, however, that if a telecommunications 21 carrier receives universal service support pursuant to item 22 (d) of this Section, that telecommunications carrier shall 23 not receive universal service support pursuant to this item. 24 Recipients of any universal service support funding created 25 by this item shall be "eligible" telecommunications carriers, 26 as designated by the Commission in accordance with 47 U.S.C. 27 214(e)(2). Eligible telecommunications carriers providing 28 local exchange telecommunications service may be eligible to 29 receive support for such services, less any federal universal 30 service support received for the same or similar costs of 31 providing the supported services. If a fund is established, 32 the Commission shall require that the costs of such fund be 33 recovered from all telecommunications carriers, with the 34 exception of wireless carriers who are providers of two-way -5- LRB9202706JSpc 1 cellular telecommunications service and who have not been 2 designated as eligible telecommunications carriers, on a 3 competitively neutral and non-discriminatory basis. In any 4 order creating a fund pursuant to this item, the Commission, 5 after notice and hearing, shall: 6 (1) Define the group of services to be declared 7 "supported telecommunications services" that constitute 8 "universal service". This group of services shall, at a 9 minimum, include those services as defined by the Federal 10 Communications Commission and as from time to time 11 amended. In addition, the Commission shall consider the 12 range of services currently offered by telecommunications 13 carriers offering local exchange telecommunications 14 service, the existing rate structures for the supported 15 telecommunications services, and the telecommunications 16 needs of Illinois consumers in determining the supported 17 telecommunications services. The Commission shall, from 18 time to time or upon request, review and, if appropriate, 19 revise the group of Illinois supported telecommunications 20 services and the terms of the fund to reflect changes or 21 enhancements in telecommunications needs, technologies, 22 and available services. 23 (2) Identify all implicit subsidies contained in 24 rates or charges of incumbent local exchange carriers, 25 including all subsidies in interexchange access charges, 26 and determine how such subsidies can be made explicit by 27 the creation of the fund. 28 (3) Identify the incumbent local exchange carriers' 29 economic costs of providing the supported 30 telecommunications services. 31 (4) Establish an affordable price for the supported 32 telecommunications services for the respective incumbent 33 local exchange carrier. The affordable price shall be no 34 less than the rates in effect at the time the Commission -6- LRB9202706JSpc 1 creates a fund pursuant to this item. The Commission may 2 establish and utilize indices or models for updating the 3 affordable price for supported telecommunications 4 services. 5 (5) Identify the telecommunications carriers from 6 whom the costs of the fund shall be recovered and the 7 mechanism to be used to determine and establish a 8 competitively neutral and non-discriminatory funding 9 basis. From time to time, or upon request, the 10 Commission shall consider whether, based upon changes in 11 technology or other factors, additional 12 telecommunications providers should contribute to the 13 fund. The Commission shall establish the basis upon 14 which telecommunications carriers contributing to the 15 fund shall recover contributions on a competitively 16 neutral and non-discriminatory basis. In determining 17 cost recovery for any universal support fund, the 18 Commission shall not permit recovery of such costs from 19 another certificated carrier for any service purchased 20 and used solely as an input to a service provided to such 21 certificated carriers' retail customers. 22 (6) Approve a plan for the administration and 23 operation of the fund by a neutral third party consistent 24 with the requirements of this item. 25 No fund shall be created pursuant to this item until 26 existing implicit subsidies, including, but not limited to, 27 those subsidies contained in interexchange access charges, 28 have been identified and eliminated through revisions to 29 rates or charges. Prior to May 1, 2000, such revisions to 30 rates or charges to eliminate implicit subsidies shall occur 31 contemporaneously with any funding established pursuant to 32 this item. However, if the Commission does not establish a 33 universal service support fund by May 1, 2000, the Commission 34 shall not be prevented from entering an order or taking other -7- LRB9202706JSpc 1 actions to reduce or eliminate existing subsidies as well as 2 considering the effect of such reduction or elimination on 3 local exchange carriers. 4
Any telecommunications carrier providing local exchange5 telecommunications service which offers to its local exchange6 customers a choice of two or more local exchange7 telecommunications service offerings shall provide, to any8 such customer requesting it, once a year without charge, a9 report describing which local exchange telecommunications10 service offering would result in the lowest bill for such11 customer's local exchange service, based on such customer's12 calling pattern and usage for the previous 6 months. At13 least once a year, each such carrier shall provide a notice14 to each of its local exchange telecommunications service15 customers describing the availability of this report and the16 specific procedures by which customers may receive it. Such17 report shall only be available to current and future18 customers who have received at least 6 months of continuous19 local exchange service from such carrier.20 (Source: P.A. 91-636, eff. 8-20-99.) 21 (220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302) 22 (Section scheduled to be repealed on July 1, 2001) 23 Sec. 13-302. Local measured service calling plans. 24 (a) No telecommunications carrier providing 25 non-competitive services shall implement a local measured 26 service calling plan which does not include one of the 27 following elements: 28 (1) the residential customer has the option of a 29 flat rate local calling service under which local calls 30 are not charged for frequency or duration; or 31 (2) residential calls to points within an untimed 32 calling zone approved by the Commission are not charged 33 for duration; or -8- LRB9202706JSpc 1 (3) a low income residential Universal Service 2 Assistance Program, which meets criteria set forth by the 3 Commission, is available. 4 (b) In formulating the criteria for the low income 5 residential Universal Service Assistance Program referred to 6 in paragraph (3) of Subsection (a), the Commission shall 7 consider the desirability of various alternatives, including 8 a reduction of the access line charge or connection charge 9 for eligible customers. 10 (c) For local measured service plans implemented prior 11 to the effective date of this amendatory Act of 1987 which do 12 not contain one of the elements specified in paragraph (1) or 13 (2) of subsection (a) of this Section, the Commission shall 14 order the telecommunications carrier having such a plan to 15 include one of the elements specified in paragraph (1) or (2) 16 of subsection (a) of this Section by January 1, 1989. 17 (Source: P.A. 85-1286.) 18 (220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501) 19 (Section scheduled to be repealed on July 1, 2001) 20 Sec. 13-501. Tariff filing. No telecommunications 21 carrier shall offer or provide telecommunications service 22 unless and until a tariff is filed with the Commission which 23 describes the nature of the service, applicable rates and 24 other charges, terms and conditions of service, and the 25 exchange, exchanges or other geographical area or areas in 26 which the service shall be offered or provided. The 27 Commission may prescribe the form of such tariff and any 28 additional data or information which shall be included 29 therein. Telecommunications carriers must file tariffs for 30 all telecommunication services provided including unbundled 31 network elements provided pursuant to the federal 32 Telecommunications Act of 1996 and the Commission's authority 33 to require additional unbundling under Section 13-505.6. -9- LRB9202706JSpc 1 Telecommunications carriers may purchase unbundled network 2 elements under a telecommunications utility tariff, an 3 interconnection agreement, or both. 4 (Source: P.A. 84-1063.) 5 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502) 6 (Section scheduled to be repealed on July 1, 2001) 7 Sec. 13-502. Classification of services. 8 (a) All telecommunications services offered or provided 9 under tariff by telecommunications carriers shall be 10 classified as either competitive or noncompetitive. A 11 telecommunications carrier may offer or provide either 12 competitive or noncompetitive telecommunications services, or 13 both, subject to proper certification and other applicable 14 provisions of this Article. Any tariff filed with the 15 Commission as required by Section 13-501 shall indicate 16 whether the service to be offered or provided is competitive 17 or noncompetitive. 18 (b) A service shall be classified as competitive only 19 if, and only to the extent that, for some identifiable class 20 or group of customers in an exchange, group of exchanges, or 21 some other clearly defined geographical area, such service, 22 or its functional equivalent, or a substitute service, is 23 reasonably available from more than one provider, whether or 24 not any such provider is a telecommunications carrier subject 25 to regulation under this Act. All telecommunications services 26 not properly classified as competitive shall be classified as 27 noncompetitive. The Commission shall have the power to 28 investigate the propriety of any classification of a 29 telecommunications service on its own motion and shall 30 investigate upon complaint. In any hearing or investigation, 31 the burden of proof as to the proper classification of any 32 service shall rest upon the telecommunications carrier 33 providing the service. After notice and hearing, the -10- LRB9202706JSpc 1 Commission shall order the proper classification of any 2 service in whole or in part. The Commission shall make its 3 determination and issue its final order no later than 180 4 days from the date such hearing or investigation is 5 initiated. If the Commission enters into a hearing upon 6 complaint and if the Commission fails to issue an order 7 within that period, the complaint shall be deemed granted 8 unless the Commission, the complainant, and the 9 telecommunications carrier providing the service agree to 10 extend the time period. 11 The factors that the Commission must consider in 12 determining whether a service is a competitive 13 telecommunications service are: 14 (1) the number and size of telecommunications 15 carriers or other persons providing the same, equivalent, 16 or substitutable service in the relevant market; 17 (2) the extent to which the same, equivalent, or 18 substitute service is available in the relevant market; 19 (3) the ability of customers in the relevant market 20 to obtain the same, equivalent, or substitutable services 21 at comparable rates, terms, and conditions; 22 (4) the ability of telecommunications carriers or 23 other persons to make the same, equivalent, or 24 substitutable service readily available in the relevant 25 market at comparable rates, terms, and conditions; 26 (5) the relevant market power of each 27 telecommunications carrier or other person providing the 28 same, equivalent, or substitutable service in the 29 relevant market and any apparent trends in how the market 30 power of each telecommunications carrier may change in 31 the future; 32 (6) any affiliation of any telecommunications 33 carrier providing the service in the relevant market 34 which may affect competition; and -11- LRB9202706JSpc 1 (7) the existence of any significant barrier to the 2 entry or exit of a provider of the service in the 3 relevant market. 4 (c) No tariff classifying a new telecommunications 5 service as competitive or reclassifying a previously 6 noncompetitive telecommunications service as competitive, 7 which is filed by a telecommunications carrier which also 8 offers or provides noncompetitive telecommunications service, 9 shall be effective unless and until such telecommunications 10 carrier offering or providing, or seeking to offer or 11 provide, such proposed competitive service prepares and files 12 a study of the long-run service incremental cost underlying 13 such service and demonstrates that the tariffed rates and 14 charges for the service and any relevant group of services 15 that includes the proposed competitive service and for which 16 resources are used in common solely by that group of services 17 are not less than the long-run service incremental cost of 18 providing the service and each relevant group of services. 19 Such study shall be given proprietary treatment by the 20 Commission at the request of such carrier if any other 21 provider of the competitive service, its functional 22 equivalent, or a substitute service in the geographical area 23 described by the proposed tariff has not filed, or has not 24 been required to file, such a study. 25 (d) In the event any telecommunications service has been 26 classified and filed as competitive by the telecommunications 27 carrier, and has been offered or provided on such basis, and 28 the Commission subsequently determines after investigation 29 that such classification improperly included services which 30 were in fact noncompetitive, the Commission shall have the 31 power to determine and order refunds to customers for any 32 overcharges which may have resulted from the improper 33 classification, or to order such other remedies provided to 34 it under this Act, or to seek an appropriate remedy or relief -12- LRB9202706JSpc 1 in a court of competent jurisdiction. 2 (e) If no hearing or investigation regarding the 3 propriety of a competitive classification of a 4 telecommunications service is initiated within 180 days after 5 a telecommunications carrier files a tariff listing such 6 telecommunications service as competitive, no refunds to 7 customers for any overcharges which may result from an 8 improper classification shall be ordered for the period from 9 the time the telecommunications carrier filed such tariff 10 listing the service as competitive up to the time an 11 investigation of the service classification is initiated by 12 the Commission's own motion or the filing of a complaint. 13 Where a hearing or an investigation regarding the propriety 14 of a telecommunications service classification as competitive 15 is initiated after 180 days from the filing of the tariff, 16 the period subject to refund for improper classification 17 shall begin on the date such investigation or hearing is 18 initiated by the filing of a Commission motion or a 19 complaint. 20 (Source: P.A. 90-185, eff. 7-23-97.) 21 (220 ILCS 5/13-514) 22 (Section scheduled to be repealed on July 1, 2001) 23 Sec. 13-514. Prohibited actions of telecommunications 24 carriers. A telecommunications carrier shall not knowingly 25 impede the development of competition in any 26 telecommunications service market. The following prohibited 27 actions are considered per se impediments to the development 28 of competition; however, the Commission is not limited in any 29 manner to these enumerated impediments and may consider other 30 actions which impede competition to be prohibited: 31 (1) unreasonably refusing or delaying interconnections 32 or providing inferior connections to another 33 telecommunications carrier; -13- LRB9202706JSpc 1 (2) unreasonably impairing the speed, quality, or 2 efficiency of services used by another telecommunications 3 carrier; 4 (3) unreasonably denying a request of another provider 5 for information regarding the technical design and features, 6 geographic coverage, information necessary for the design of 7 equipment, and traffic capabilities of the local exchange 8 network except for proprietary information unless such 9 information is subject to a proprietary agreement or 10 protective order; 11 (4) unreasonably delaying access in connecting another 12 telecommunications carrier to the local exchange network 13 whose product or service requires novel or specialized access 14 requirements; 15 (5) unreasonably refusing or delaying access by any 16 person to another telecommunications carrier; 17 (6) unreasonably acting or failing to act in a manner 18 that has a substantial adverse effect on the ability of 19 another telecommunications carrier to provide service to its 20 customers; 21 (7) unreasonably failing to offer services to customers 22 in a local exchange, where a telecommunications carrier is 23 certificated to provide service and has entered into an 24 interconnection agreement for the provision of local exchange 25 telecommunications services, with the intent to delay or 26 impede the ability of the incumbent local exchange 27 telecommunications carrier to provide inter-LATA 28 telecommunications services; and29 (8) violating the terms of or unreasonably delaying 30 implementation of an interconnection agreement entered into 31 pursuant to Section 252 of the federal Telecommunications Act 32 of 1996 in a manner that unreasonably delays or impedes the 33 availability of telecommunications services to consumers; 34 and .-14- LRB9202706JSpc 1 (9) refusing to provide combinations of unbundled 2 network elements to competitive local exchange carriers 3 including combinations of unbundled network elements to new 4 customers and customers obtaining additional lines. 5 (Source: P.A. 90-185, eff. 7-23-97.) 6 (220 ILCS 5/13-515) 7 (Section scheduled to be repealed on July 1, 2001) 8 Sec. 13-515. Enforcement. 9 (a) The following expedited procedures shall be used to 10 enforce the provisions of Section 13-514 of this Act except11 as provided in subsection (b). However, the Commission, the 12 complainant, and the respondent may mutually agree to adjust 13 the procedures established in this Section. If the14 Commission determines, pursuant to subsection (b), that the15 procedural provisions of this Section do not apply, the16 complaint shall continue pursuant to the general complaint17 provisions of Article X.18 (b) (Blank) The provisions of this Section shall not19 apply to an allegation of a violation of item (8) of Section20 13-514 by a Bell operating company, as defined in Section 321 of the federal Telecommunications Act of 1996, unless and22 until such company or its affiliate is authorized to provide23 inter-LATA services under Section 271(d) of the federal24 Telecommunications Act of 1996; provided, however, that a25 complaint setting forth a separate independent basis for a26 violation of Section 13-514 may proceed under this Section27 notwithstanding that the alleged acts or omissions may also28 constitute a violation of item (8) of Section 13-514. 29 (c) No complaint may be filed under this Section until 30 the complainant has first notified the respondent of the 31 alleged violation and offered the respondent 48 hours to 32 correct the situation. Provision of notice and the 33 opportunity to correct the situation creates a rebuttable -15- LRB9202706JSpc 1 presumption of knowledge under Section 13-514. 2 (d) A telecommunications carrier may file a complaint 3 with the Commission alleging a violation of Section 13-514 in 4 accordance with this subsection: 5 (1) The complaint shall be filed with the Chief 6 Clerk of the Commission and shall be served in hand upon 7 the respondent, the executive director, and the general 8 counsel of the Commission at the time of the filing. 9 (2) A complaint filed under this subsection shall 10 include a statement that the requirements of subsection 11 (c) have been fulfilled and that the respondent did not 12 correct the situation as requested. 13 (3) Reasonable discovery specific to the issue of 14 the complaint may commence upon filing of the complaint. 15 Requests for discovery must be served in hand and 16 responses to discovery must be provided in hand to the 17 requester within 14 days after a request for discovery is 18 made. 19 (4) An answer and any other responsive pleading to 20 the complaint shall be filed with the Commission and 21 served in hand at the same time upon the complainant, the 22 executive director, and the general counsel of the 23 Commission within 7 days after the date on which the 24 complaint is filed. 25 (5) If the answer or responsive pleading raises the 26 issue that the complaint violates subsection (i) of this 27 Section, the complainant may file a reply to such 28 allegation within 3 days after actual service of such 29 answer or responsive pleading. Within 4 days after the 30 time for filing a reply has expired, the hearing officer 31 or arbitrator shall either issue a written decision 32 dismissing the complaint as frivolous in violation of 33 subsection (i) of this Section including the reasons for 34 such disposition or shall issue an order directing that -16- LRB9202706JSpc 1 the complaint shall proceed. 2 (6) A pre-hearing conference shall be held within 3 14 days after the date on which the complaint is filed. 4 (7) The hearing shall commence within 30 days of 5 the date on which the complaint is filed. The hearing 6 may be conducted by a hearing examiner or by an 7 arbitrator. Parties and the Commission staff shall be 8 entitled to present evidence and legal argument in oral 9 or written form as deemed appropriate by the hearing 10 examiner or arbitrator. The hearing examiner or 11 arbitrator shall issue a written decision within 60 days 12 after the date on which the complaint is filed. The 13 decision shall include reasons for the disposition of the 14 complaint and, if a violation of Section 13-514 is found, 15 directions and a deadline for correction of the 16 violation. 17 (8) Any party may file a petition requesting the 18 Commission to review the decision of the hearing examiner 19 or arbitrator within 5 days of such decision. Any party 20 may file a response to a petition for review within 3 21 business days after actual service of the petition. 22 After the time for filing of the petition for review, but 23 no later than 15 days after the decision of the hearing 24 examiner or arbitrator, the Commission shall decide to 25 adopt the decision of the hearing examiner or arbitrator 26 or shall issue its own final order. 27 (e) If the alleged violation has a substantial adverse 28 effect on the ability of the complainant to provide service 29 to customers, the complainant may include in its complaint a 30 request for an order for emergency relief. The Commission, 31 acting through its designated hearing examiner or arbitrator, 32 shall act upon such a request within 2 business days of the 33 filing of the complaint. An order for emergency relief may 34 be granted, without an evidentiary hearing, upon a verified -17- LRB9202706JSpc 1 factual showing that the party seeking relief will likely 2 succeed on the merits, that the party will suffer irreparable 3 harm in its ability to serve customers if emergency relief is 4 not granted, and that the order is in the public interest. 5 An order for emergency relief shall include a finding that 6 the requirements of this subsection have been fulfilled and 7 shall specify the directives that must be fulfilled by the 8 respondent and deadlines for meeting those directives. The 9 decision of the hearing examiner or arbitrator to grant or 10 deny emergency relief shall be considered an order of the 11 Commission unless the Commission enters its own order within 12 2 calendar days of the decision of the hearing examiner or 13 arbitrator. The order for emergency relief may require the 14 responding party to act or refrain from acting so as to 15 protect the provision of competitive service offerings to 16 customers. Any action required by an emergency relief order 17 must be technically feasible and economically reasonable and 18 the respondent must be given a reasonable period of time to 19 comply with the order. 20 (f) The Commission is authorized to obtain outside 21 resources including, but not limited to, arbitrators and 22 consultants for the purposes of the hearings authorized by 23 this Section. Any arbitrator or consultant obtained by the 24 Commission shall be approved by both parties to the hearing. 25 The cost of such outside resources including, but not limited 26 to, arbitrators and consultants shall be borne by the 27 parties. The Commission shall review the bill for 28 reasonableness and assess the parties for reasonable costs 29 dividing the costs according to the resolution of the 30 complaint brought under this Section. Such costs shall be 31 paid by the parties directly to the arbitrators, consultants, 32 and other providers of outside resources within 60 days after 33 receiving notice of the assessments from the Commission. 34 Interest at the statutory rate shall accrue after expiration -18- LRB9202706JSpc 1 of the 60-day period. The Commission, arbitrators, 2 consultants, or other providers of outside resources may 3 apply to a court of competent jurisdiction for an order 4 requiring payment. 5 (g) The Commission shall assess the parties under this 6 subsection for all of the Commission's costs of investigation 7 and conduct of the proceedings brought under this Section 8 including, but not limited to, the prorated salaries of 9 staff, attorneys, hearing examiners, and support personnel 10 and including any travel and per diem, directly attributable 11 to the complaint brought pursuant to this Section, but 12 excluding those costs provided for in subsection (f), 13 dividing the costs according to the resolution of the 14 complaint brought under this Section. All assessments made 15 under this subsection shall be paid into the Public Utility 16 Fund within 60 days after receiving notice of the assessments 17 from the Commission. Interest at the statutory rate shall 18 accrue after the expiration of the 60 day period. The 19 Commission is authorized to apply to a court of competent 20 jurisdiction for an order requiring payment. 21 (h) If the Commission determines that there is an 22 imminent threat to competition or to the public interest, the 23 Commission may, notwithstanding any other provision of this 24 Act, seek temporary, preliminary, or permanent injunctive 25 relief from a court of competent jurisdiction either prior to 26 or after the hearing. 27 (i) A party shall not bring or defend a proceeding 28 brought under this Section or assert or controvert an issue 29 in a proceeding brought under this Section, unless there is a 30 non-frivolous basis for doing so. By presenting a pleading, 31 written motion, or other paper in complaint or defense of the 32 actions or inaction of a party under this Section, a party is 33 certifying to the Commission that to the best of that party's 34 knowledge, information, and belief, formed after a reasonable -19- LRB9202706JSpc 1 inquiry of the subject matter of the complaint or defense, 2 that the complaint or defense is well grounded in law and 3 fact, and under the circumstances: 4 (1) it is not being presented to harass the other 5 party, cause unnecessary delay in the provision of 6 competitive telecommunications services to consumers, or 7 create needless increases in the cost of litigation; and 8 (2) the allegations and other factual contentions 9 have evidentiary support or, if specifically so 10 identified, are likely to have evidentiary support after 11 reasonable opportunity for further investigation or 12 discovery as defined herein. 13 (j) If, after notice and a reasonable opportunity to 14 respond, the Commission determines that subsection (i) has 15 been violated, the Commission shall impose appropriate 16 sanctions upon the party or parties that have violated 17 subsection (i) or are responsible for the violation. The 18 sanctions shall be not more than $7,500, plus the amount of 19 expenses accrued by the Commission for conducting the 20 hearing. Payment of sanctions imposed under this subsection 21 shall be made to the Common School Fund within 30 days of 22 imposition of such sanctions. 23 (k) An appeal of a Commission Order made pursuant to 24 this Section shall not effectuate a stay of the Order unless 25 a court of competent jurisdiction specifically finds that the 26 party seeking the stay will likely succeed on the merits, 27 that the party will suffer irreparable harm without the stay, 28 and that the stay is in the public interest. 29 (l) The Commission has the authority to establish 30 additional expedited procedures for complaints or other 31 actions affecting competition in the telecommunications 32 markets that are not brought to enforce Section 13-514. 33 Examples of disputes for which the Commission can establish 34 expedited procedures include, but are not limited to, the -20- LRB9202706JSpc 1 following: 2 (1) collocation space disputes; and 3 (2) adoption of interconnection and tariff terms 4 and conditions into an interconnection agreement under 5 Section 252 of the Federal Telecommunications Act of 6 1996. 7 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) 8 (220 ILCS 5/13-902) 9 (Section scheduled to be repealed on July 1, 2001) 10 Sec. 13-902. Rules for verification of a subscriber's 11 change in telecommunications carrier or addition to a 12 subscriber's service. 13 (a) As used in this Section, "subscriber" means a 14 telecommunications carrier's retail business customer served 15 by not more than 20 lines or a retail residential customer, 16 and "telecommunications carrier" has the meaning given in 17 Section 13-202 of the Public Utilities Act, except that 18 "telecommunications carrier" does not include a provider of 19 commercial mobile radio services (as defined by 47 U.S.C. 20 332(d)(1)). 21 (b) A subscriber's presubscription of a primary exchange 22 or interexchange telecommunications carrier may not be 23 switched to another telecommunications carrier without the 24 subscriber's authorization. 25 (c) A telecommunications carrier shall not effectuate a 26 change to a subscriber's telecommunications services by 27 providing an additional telecommunications service that 28 results in an additional monthly charge to the subscriber 29 (herein referred to as an "additional telecommunications 30 service") without following the subscriber notification 31 procedures set forth in this Section. An "additional 32 telecommunications service" does not include making available 33 any additional telecommunications services on a subscriber's -21- LRB9202706JSpc 1 line when the subscriber activates and pays for the services 2 on a per use basis. 3 (d) It is the responsibility of the company or carrier 4 requesting a change in a subscriber's telecommunications 5 carrier to obtain the subscriber's authorization for the 6 change whenever the company or carrier acts as a subscriber's 7 agent with respect to the change. 8 (e) A company or telecommunications carrier submitting a 9 change in a subscriber's primary exchange or interexchange 10 telecommunications carrier as described in subsection (d) 11 shall be solely responsible for providing written notice of 12 the change to the subscriber in accordance with this Section, 13 or for obtaining verification of the subscriber's assent to 14 the change in accordance with this Section. In addition, a 15 telecommunications carrier that provides any additional 16 telecommunications service to a subscriber shall be solely 17 responsible for providing written notice of the additional 18 telecommunications service to the subscriber in accordance 19 with this Section, or for obtaining verification of the 20 subscriber's assent to the additional telecommunications 21 service in accordance with this Section. 22 (1) If the company or telecommunications carrier 23 elects to provide written notice in accordance with this 24 Section, the notice shall be provided as follows: 25 (A) A letter to the subscriber must be mailed 26 using first class mail, postage prepaid, no later 27 than 10 days after the telecommunications carrier 28 submitting the change in the subscriber's primary 29 exchange or interexchange telecommunications carrier 30 is on notice that the change has occurred or no 31 later than 10 days after initiation of an additional 32 telecommunications service has occurred. 33 (B) The letter must be a separate document 34 sent for the sole purpose of describing the changes -22- LRB9202706JSpc 1 or additions authorized by the subscriber. 2 (C) The letter must be printed with 10 point 3 or larger type and contain clear and plain language 4 that confirms the details of a change in the 5 presubscribed telecommunications carrier or of the 6 addition of the telecommunications service and 7 provides the subscriber with a toll free number to 8 call should the subscriber wish to cancel the change 9 or make additional changes. 10 (2) If the company or telecommunications carrier 11 elects to obtain verification in accordance with this 12 Section, verification shall be obtained as follows: 13 (A) Verification shall be obtained by an 14 independent third-party that: 15 (i) operates from a facility physically 16 separate from that of the telecommunications 17 carrier or company seeking the change or 18 addition of service; 19 (ii) is not directly or indirectly 20 managed, controlled, directed, or owned wholly 21 or in part by the telecommunications carrier or 22 company seeking the change or addition of 23 telecommunications services; 24 (iii) does not derive commissions or 25 compensation based upon the number of sales, 26 changes, or additions confirmed; and 27 (iv) shall retain records of the 28 confirmation of sales or changes for 24 months. 29 (B) The third-party verification agent shall 30 state to the subscriber, and shall obtain the 31 subscriber's acknowledgement to, the following 32 disclosures: 33 (i) the consumer's name , address,and the 34 telephone numbers of all telephone lines that -23- LRB9202706JSpc 1 will be changed or to which additional 2 telecommunications services will be added; 3 (ii) the names of the telecommunications 4 carrier or company that is replacing the 5 previous presubscribed telecommunications 6 carrier or adding a telecommunications service 7 to the subscriber's account and, where 8 applicable, the name of the carriers being 9 replaced; 10 (iii) in cases where verification is 11 sought for the subscriber's presubscribed 12 telecommunications carrier, that for each line 13 the subscriber can designate only one 14 presubscribed telecommunications carrier to 15 handle each of the subscriber's local, long 16 distance, or local toll service depending upon 17 which presubscribed telecommunications service 18 or services are being verified; and 19 (iv) the fact that a fee may be imposed 20 on the subscriber for the change of primary 21 exchange or interexchange telecommunications 22 carriers or that a monthly recurring fee may be 23 charged for the additional service, if that is 24 the case. 25 (C) The third-party verification agent shall 26 obtain verification no later than 17 3days after 27 the carrier submitting a change in the subscriber's 28 primary exchange or interexchange telecommunications 29 carrier is on notice that the change has occurred or 30 no later than 17 3days after initiation of an 31 additional telecommunications service has occurred. 32 (D) The telecommunications company or carrier 33 seeking to implement the change in service or 34 additional service may connect the subscriber to the -24- LRB9202706JSpc 1 verification agent, provided that all of the 2 requirements for verification by a third party as 3 set forth in this Section are otherwise complied 4 with fully. 5 (3) The verification or notice requirements 6 described in this subsection shall apply to all changes 7 to a subscriber's presubscription of a primary exchange 8 or interexchange telecommunications carrier, whether the 9 change was initiated through an inbound call initiated by 10 the customer or outbound telemarketing. Where a 11 subscriber's telecommunications services are changed by 12 the provision of an additional telecommunications 13 service, the verification or notice requirements 14 described in this subsection shall apply if the change 15 was initiated through outbound telemarketing. Where a 16 subscriber's telecommunications services are changed by 17 the provision of an additional telecommunications service 18 and the change was initiated through inbound 19 telemarketing, the telecommunications carrier shall 20 comply with all rules or regulations promulgated by the 21 Federal Communications Commission. 22 (4) Verifications conducted or obtained in a manner 23 not in compliance with this Section or notice given in a 24 manner not in compliance with this Section shall be void 25 and without effect. 26 (f) The Commission shall promulgate any rules necessary 27 to ensure that the primary exchange or interexchange 28 telecommunications carrier of a subscriber is not changed to 29 another telecommunications carrier or that an additional 30 telecommunications service is not added without the 31 subscriber's authorization. The rules promulgated under this 32 Section shall comport with the rules, if any, promulgated by 33 the Attorney General pursuant to the Consumer Fraud and 34 Deceptive Business Practices Act and with any rules -25- LRB9202706JSpc 1 promulgated by the Federal Communications Commission. 2 (g) Complaints may be filed with the Commission under 3 this Section by a subscriber whose primary exchange or 4 interexchange carrier has been changed to another 5 telecommunications carrier without authorization or who has 6 been provided an additional telecommunications service not 7 ordered by the subscriber, by a telecommunications carrier 8 that has been removed as a subscriber's primary exchange or 9 interexchange telecommunications carrier without 10 authorization, or by the Commission on its own motion. Upon 11 filing of the complaint, the parties may mutually agree to 12 submit the complaint to the Commission's established 13 mediation process. Remedies in the mediation process may 14 include, but shall not be limited to, the remedies set forth 15 in paragraphs (1) through (5) of this subsection. In its 16 discretion, the Commission may deny the availability of the 17 mediation process and submit the complaint to hearings. If 18 the complaint is not submitted to mediation or if no 19 agreement is reached during the mediation process, hearings 20 shall be held on the complaint pursuant to Article 10 of this 21 Act. If after notice and hearing, the Commission finds that 22 a telecommunications carrier has violated this Section or a 23 rule promulgated under this Section, the Commission may in 24 its discretion order any one or more of the following: 25 (1) In case of an unauthorized change in a 26 subscriber's primary exchange or interexchange 27 telecommunications carrier, require the violating 28 telecommunications carrier to refund to the subscriber 29 all fees and charges collected from the subscriber for 30 services up to the time the subscriber receives written 31 notice of the fact that the violating carrier is 32 providing telecommunications service to the subscriber. 33 For a carrier that elects to provide written notice of a 34 change in a subscriber's primary exchange or -26- LRB9202706JSpc 1 interexchange carrier, notice consistent with paragraph 2 (1) of subsection (e) shall be deemed to be receipt of 3 notice by the subscriber for purposes of this paragraph. 4 For a carrier that elects to obtain verification of a 5 change in a subscriber's primary exchange or 6 interexchange carrier consistent with paragraph (2) of 7 subsection (e) of this Section, either the first 8 correspondence from the carrier that notifies the 9 customer of the change or the subscriber's first bill for 10 services, whichever is mailed first, shall be deemed to 11 be receipt of notice by the subscriber for purposes of 12 this paragraph. The Commission may order the remedial 13 action outlined in this subsection only to the extent 14 that the same remedial action is allowed pursuant to 15 rules or regulations promulgated by the Federal 16 Communications Commission. 17 (2) In case of an unauthorized change in the 18 primary exchange or interexchange telecommunications 19 carrier, require the violating telecommunications carrier 20 to refund to the subscriber charges collected in excess 21 of those that would have been charged by the subscriber's 22 chosen telecommunications carrier. 23 (3) In case of an unauthorized change in the 24 primary exchange or interexchange telecommunications 25 carrier, require the violating telecommunications carrier 26 to pay to the subscriber's chosen telecommunications 27 carrier the amount the chosen telecommunications carrier 28 would have collected for the telecommunications service. 29 The Commission is authorized to reduce this payment by 30 any amount already paid by the violating 31 telecommunications carrier to the subscriber's chosen 32 telecommunications carrier for those telecommunications 33 services. 34 (4) Require the violating telecommunications -27- LRB9202706JSpc 1 carrier to pay a fine of up to $1,000 into the Public 2 Utility Fund for each repeated and intentional violation 3 of this Section. 4 (5) In the case of an unauthorized additional 5 telecommunications service, require the violating carrier 6 to refund or cancel all charges for telecommunications 7 services or products provided without a subscriber's 8 authorization. 9 (6) Issue a cease and desist order. 10 (7) For a pattern of violation of this Section or 11 for intentionally violating a cease and desist order, 12 revoke the violating telecommunications carrier's 13 certificate of service authority. 14 (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.) 15 Section 99. Effective date. This Act takes effect July 16 1, 2001.
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