Public Act 90-0574 of the 90th General Assembly
Public Act 90-0574
HB0263 Enrolled LRB9000755JSgc
AN ACT to amend the Public Utilities Act in relation to
telecommunications services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by
changing Sections 13-506, 13-509, and 13-515 as follows:
(220 ILCS 5/13-506)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-506. Tariffs for competitive telecommunications
services.
(a) Telecommunications carriers may file proposed
tariffs for any competitive telecommunications service which
includes and specifically describes a range, band, formula,
or standard within which or by which a change in rates or
charges for such telecommunications service could be made
without prior notice or prior Commission approval, provided
that any and all rates or charges within the band or range,
or determinable by the operation of the formula or standard,
are consistent with the public interest and the purpose and
policies of this Article and Act, and are likely to remain so
for the foreseeable forseeable future. To the extent any
proposed band or range encompasses rates or charges which are
not consistent with the public interest and the purposes and
policies of this Article and Act or otherwise fully proper,
or any proposed formula or standard determines rates or
charges which are not consistent with the purposes and
policies of this Article and Act or otherwise fully proper,
the Commission after notice and hearing shall have the power
to modify the level, scope, or limits of such band or range,
and to modify or limit the operation of such formula or
standard, as necessary, to ensure that rates or charges
resulting therefrom are consistent with the purposes and
policies of this Article and Act and fully proper, and likely
to remain so in the foreseeable forseeable future.
(b) The Commission may require a telecommunications
carrier to file a variable tariff as described in paragraph
(a) for any or all competitive telecommunications services
which are offered or provided by such carrier, if the
Commission finds, after notice and hearing, that the
determination of rates or charges for such service by a
tariff would improve the Commission's ability to effectively
regulate such rates or charges and that such improvement is
required by the public interest. Any such tariff required by
the Commission shall be approved only if it is also
consistent with the provisions of paragraph (a) of this
Section.
(c) After When the Commission approves a variable tariff
filed, as proposed or modified pursuant to this Section
becomes effective, the telecommunications carrier shall place
such tariff in effect thereafter and such tariff shall
determine the rates and or charges for services according to
the provisions thereof.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-509. Agreements for provisions of competitive
telecommunications services differing from tariffs. A
telecommunications carrier may negotiate with customers or
prospective customers to provide competitive
telecommunications service, and in so doing, may offer or
agree to provide such service on such terms and for such
rates or charges as are reasonable, without regard to any
tariffs it may have filed with the Commission with respect to
such services. Within 10 business days after executing any
such agreement, the telecommunications carrier shall file any
contract or memorandum of understanding for the provision of
telecommunications service, which shall include the rates or
other charges, practices, rules or regulations applicable to
the agreed provision of such service. Any cost support
required to be filed with for the agreement by some other
Section of this Act shall be filed within 30 calendar days
after executing any such agreement. Where the agreement
contains the same rates, charges, practices, rules, and
regulations found in a single contract or memorandum already
filed by the telecommunications carrier with the Commission,
instead of filing the contract or memorandum, the
telecommunications carrier may elect to file a letter
identifying the new agreement and specifically referencing
the contract or memorandum already on file with the
Commission which contains the same provisions. A single
letter may be used to file more than one new agreement. Upon
filing its contract or memorandum, or letter, the
telecommunications carrier shall thereafter provide service
according to the terms thereof, unless the Commission finds,
after notice and hearing, that the continued provision of
service pursuant to such contract or memorandum would
substantially and adversely affect the financial integrity of
the telecommunications carrier or would violate any other
provision of this Act.
Any contract or memorandum entered into and filed
pursuant to the provisions of this Section may, in the
Commission's discretion, be accorded proprietary treatment.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-515)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-515. Enforcement.
(a) The following expedited procedures Commission shall
be used to enforce the provisions of Section 13-514 of this
Act except as provided in subsection (b). However, Unless
the Commission, the complainant, and the respondent may
parties otherwise mutually agree to adjust, the Commission
shall use the procedures established set forth in this
Section. If the Commission determines, pursuant to
subsection (b), that the procedural provisions of this
Section do not apply, the complaint shall continue pursuant
to the general complaint provisions of Article X for the
review of complaints relating to violations of Section
13-514.
(b) The provisions of this Section shall not apply to an
allegation of a violation of item (8) of Section 13-514 by
interconnection agreements with a Bell operating company, as
defined in Section 3 of the federal Telecommunications Act of
1996, unless and until the date such company or its affiliate
is authorized to provide inter-LATA services under Section
271(d) of the federal Telecommunications that Act of 1996;
provided, however, that a complaint setting forth a separate
independent basis for a violation of Section 13-514 may
proceed under this Section notwithstanding that the alleged
acts or omissions may also constitute a violation of item (8)
of Section 13-514.
(c) No complaint may be filed under this Section until
the complainant has first notified the respondent of the
alleged violation and offered the respondent 48 hours to
correct the situation. Provision of notice and the
opportunity to correct the situation creates a rebuttable
presumption of knowledge under Section 13-514.
(d) A telecommunications carrier may file a complaint
with the Commission alleging a violation of Section 13-514 in
accordance with this subsection:
(1) The complaint shall be filed with the Chief
Clerk of the Commission and shall be served in hand upon
the respondent, the executive director, and the general
counsel of the Commission at the time of the filing.
(2) A complaint filed under this subsection shall
include a statement that the requirements of subsection
(c) have been fulfilled and that the respondent did not
correct the situation as requested.
(3) Reasonable discovery specific to the issue of
the complaint may commence upon filing of the complaint.
Requests for discovery must be served in hand and
responses to discovery must be provided in hand to the
requester within 14 days after a request for discovery is
made.
(4) An answer and any other responsive pleading to
the complaint shall be filed with the Commission and
served in hand at the same time upon the complainant, the
executive director, and the general counsel of the
Commission within 7 days after the date on which the
complaint is filed.
(5) If the answer or responsive pleading raises the
issue that the complaint violates subsection (i) of this
Section, the complainant may file a reply to such
allegation within 3 days after actual service of such
answer or responsive pleading. Within 4 days after the
time for filing a reply has expired, the hearing officer
or arbitrator shall either issue a written decision
dismissing the complaint as frivolous in violation of
subsection (i) of this Section including the reasons for
such disposition or shall issue an order directing that
the complaint shall proceed. A determination as to
reasonable grounds for the complaint and, if appropriate,
a directive for legal notice of a hearing shall be made
within 3 days after the date on which the answer is
filed.
(6) A pre-hearing conference shall be held within
14 days after the date on which the complaint is filed.
(7) The hearing shall commence within 30 days of
the date on which the complaint is filed. The hearing
may be conducted by a hearing examiner or by an
arbitrator. Parties and the Commission staff shall be
entitled to present evidence and legal argument in oral
or written form as deemed appropriate by the hearing
examiner or arbitrator. The hearing examiner or
arbitrator shall issue a written decision within 60 days
after the date on which the complaint is filed. The
decision shall include reasons for the disposition of the
complaint and, if a violation of Section 13-514 is found,
directions and a deadline for correction of the
violation. The decision of the hearing examiner or
arbitrator shall be considered a final order of the
Commission after 10 days unless the Commission enters its
own final order within 10 days of the decision of the
hearing examiner or arbitrator.
(8) Any party may file a petition requesting the
Commission to review the decision of the hearing examiner
or arbitrator within 5 days of such decision. Any party
may file a response to a petition for review within 3
business days after actual service of the petition.
After the time for filing of the petition for review, but
no later than 15 days after the decision of the hearing
examiner or arbitrator, the Commission shall decide to
adopt the decision of the hearing examiner or arbitrator
or shall issue its own final order.
(e) If the alleged violation has a substantial adverse
effect on the ability of the complainant to provide service
to customers, the complainant may include in its complaint a
request for an order for emergency relief. The Commission,
acting through its designated hearing examiner or arbitrator,
shall act upon such a request within 2 business days of the
filing of the complaint. An order for emergency relief may
be granted, without an evidentiary hearing, upon a verified
factual showing that the party seeking relief will likely
succeed on the merits, that the party will suffer irreparable
harm in its ability to serve customers if emergency relief is
not granted, and that the order is in the public interest.
An order for emergency relief shall include a finding that
the requirements of this subsection have been fulfilled and
shall specify the directives that must be fulfilled by the
respondent and deadlines for meeting those directives. The
decision of the hearing examiner or arbitrator to grant or
deny emergency relief shall be considered an order of the
Commission unless the Commission enters its own order within
2 calendar days of the decision of the hearing examiner or
arbitrator. The order for emergency relief may require the
responding party to act or refrain from acting so as to
protect the provision of competitive service offerings to
customers. Any action required by an emergency relief order
must be technically feasible and economically reasonable and
the respondent must be given a reasonable period of time to
comply with the order.
(f) The Commission is authorized to obtain outside
resources including, but not limited to, arbitrators and
consultants for the purposes of the hearings authorized by
this Section. Any arbitrator or consultant obtained by the
Commission shall be approved by both parties to the hearing.
The cost of such outside resources including, but not limited
to, arbitrators and consultants shall be borne by the
parties. The Commission shall review the bill for
reasonableness and assess the parties for reasonable costs
dividing the costs according to the resolution of the
complaint brought under this Section. Such costs shall be
paid by the parties directly to the arbitrators, consultants,
and other providers of outside resources within 60 days after
receiving notice of the assessments from the Commission.
Interest at the statutory rate shall accrue after expiration
of the 60-day period. The Commission, arbitrators,
consultants, or other providers of outside resources may
apply to a court of competent jurisdiction for an order
requiring payment.
(g) The Commission shall assess the parties under this
subsection for all of the Commission's costs of investigation
and conduct of the proceedings brought under this Section
including, but not limited to, the prorated salaries of
staff, attorneys, hearing examiners, and support personnel
and including any travel and per diem, directly attributable
to the complaint brought pursuant to this Section, but
excluding those costs provided for in subsection (f),
dividing the costs according to the resolution of the
complaint brought under this Section. All assessments made
under this subsection shall be paid into the Public Utility
Fund within 60 days after receiving notice of the assessments
from the Commission. Interest at the statutory rate shall
accrue after the expiration of the 60 day period. The
Commission is authorized to apply to a court of competent
jurisdiction for an order requiring payment.
(h) If the Commission determines that there is an
imminent threat to competition or to the public interest, the
Commission may, notwithstanding any other provision of this
Act, seek temporary, preliminary, or permanent injunctive
relief from a court of competent jurisdiction either prior to
or after the hearing.
(i) A party shall not bring or defend a proceeding
brought under this Section or assert or controvert an issue
in a proceeding brought under this Section, unless there is a
non-frivolous basis for doing so. By presenting a pleading,
written motion, or other paper in complaint or defense of the
actions or inaction of a party under this Section, a party is
certifying to the Commission that to the best of that party's
knowledge, information, and belief, formed after a reasonable
inquiry of the subject matter of the complaint or defense,
that the complaint or defense is well grounded in law and
fact, and under the circumstances:
(1) it is not being presented to harass the other
party, cause unnecessary delay in the provision of
competitive telecommunications services to consumers, or
create needless increases in the cost of litigation; and
(2) the allegations and other factual contentions
have evidentiary support or, if specifically so
identified, are likely to have evidentiary support after
reasonable opportunity for further investigation or
discovery as defined herein.
(j) If, after notice and a reasonable opportunity to
respond, the Commission determines that subsection (i) has
been violated, the Commission shall impose appropriate
sanctions upon the party or parties that have violated
subsection (i) or are responsible for the violation. The
sanctions shall be not more than $7,500, plus the amount of
expenses accrued by the Commission for conducting the
hearing. Payment of sanctions imposed under this subsection
shall be made to the Common School Fund within 30 days of
imposition of such sanctions.
(k) An appeal of a Commission Order made pursuant to
this Section shall not effectuate a stay of the Order unless
a court of competent jurisdiction specifically finds that the
party seeking the stay will likely succeed on the merits,
that the party will suffer irreparable harm without the stay,
and that the stay is in the public interest.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-505.7 rep.)
Section 10. The Public Utilities Act is amended by
repealing Section 13-505.7 as added by Public Act 90-185.
Section 99. Effective date. This Act takes effect upon
becoming law.