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Public Act 92-0022
HB2900 Enrolled LRB9202399JSpc
AN ACT relating to telecommunications.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Attorney General Act is amended by
changing Section 6.5 as follows:
(15 ILCS 205/6.5)
Sec. 6.5. Consumer Utilities Unit.
(a) The General Assembly finds that the health, welfare,
and prosperity of all Illinois citizens, and the public's
interest in adequate, safe, reliable, cost-effective electric
and telecommunications services, requires effective public
representation by the Attorney General to protect the rights
and interests of the public in the provision of all elements
of electric and telecommunications service both during and
after the transition to a competitive market, and that to
ensure that the benefits of competition in the provision of
both electric and telecommunications services to all
consumers are attained, there shall be created within the
Office of the Attorney General a Consumer Utilities Unit.
(b) As used in this Section: "Electric services" means
services sold by an electric service provider. "Electric
service provider" shall mean anyone who sells, contracts to
sell, or markets electric power, generation, distribution,
transmission, or services (including metering and billing) in
connection therewith. Electric service providers shall
include any electric utility and any alternative retail
electric supplier as defined in Section 16-102 of the Public
Utilities Act.
(b-5) As used in this Section: "Telecommunications
services" means services sold by a telecommunications
carrier, as provided for in Section 13-203 of the Public
Utilities Act. "Telecommunications carrier" means anyone who
sells, contracts to sell, or markets telecommunications
services, whether noncompetitive or competitive, including
access services, interconnection services, or any services in
connection therewith. Telecommunications carriers include
any carrier as defined in Section 13-202 of the Public
Utilities Act.
(c) There is created within the Office of the Attorney
General a Consumer Utilities Unit, consisting of Assistant
Attorneys General appointed by the Attorney General, who,
together with such other staff as is deemed necessary by the
Attorney General, shall have the power and duty on behalf of
the people of the State to intervene in, initiate, enforce,
and defend all legal proceedings on matters relating to the
provision, marketing, and sale of electric and
telecommunications service whenever the Attorney General
determines that such action is necessary to promote or
protect the rights and interest of all Illinois citizens,
classes of customers, and users of electric and
telecommunications services.
(d) In addition to the investigative and enforcement
powers available to the Attorney General, including without
limitation those under the Consumer Fraud and Deceptive
Business Practices Act and the Illinois Antitrust Act, the
Attorney General shall be a party as a matter of right to all
proceedings, investigations, and related matters involving
the provision of electric services and to those proceedings,
investigations, and related matters involving the provision
of telecommunications services before the Illinois Commerce
Commission and shall, upon request, have access to and the
use of all files, records, data, and documents in the
possession or control of the Commission, which material the
Attorney General's office shall maintain as confidential, to
be used for law enforcement purposes only, which material may
be shared with other law enforcement officials. Nothing in
this Section is intended to take away or limit any of the
powers the Attorney General has pursuant to common law or
other statutory law.
(Source: P.A. 90-561, eff. 12-16-97.)
Section 10. The State Finance Act is amended by adding
Sections 5.545 and 5.546 as follows:
(30 ILCS 105/5.545 new)
Sec. 5.545. The Digital Divide Elimination Fund.
(30 ILCS 105/5.546 new)
Sec. 5.546. The Digital Divide Elimination
Infrastructure Fund.
Section 15. The Eliminate the Digital Divide Law is
amended by changing Section 5-30 and adding Section 5-20 as
follows:
(30 ILCS 780/5-20 new)
Sec. 5-20. Digital Divide Elimination Fund. The Digital
Divide Elimination Fund is created as a special fund in the
State treasury. All moneys in the Fund shall be used, subject
to appropriation by the General Assembly, by the Department
for grants made under Section 5-30 of this Act.
(30 ILCS 780/5-30)
Sec. 5-30. Community Technology Center Grant Program.
(a) Subject to appropriation, the Department shall
administer the Community Technology Center Grant Program
under which the Department shall make grants in accordance
with this Article for planning, establishment,
administration, and expansion of Community Technology Centers
and for assisting public hospitals, libraries, and park
districts in eliminating the digital divide. The purposes of
the grants shall include, but not be limited to, volunteer
recruitment and management, training and instruction,
infrastructure, and related goods and services for Community
Technology Centers and public hospitals, libraries, and park
districts. The total amount of grants under this Section in
fiscal year 2001 shall not exceed $2,000,000, except that
this limit on grants shall not apply to grants funded by
appropriations from the Digital Divide Elimination Fund. No
Community Technology Center may receive a grant of more than
$50,000 under this Section in a particular fiscal year.
(b) Public hospitals, libraries, park districts, and
State educational agencies, local educational agencies,
institutions of higher education, and other public and
private nonprofit or for-profit agencies and organizations
are eligible to receive grants under this Program, provided
that a local educational agency or public or private
educational agency or organization must, in order to be
eligible to receive grants under this Program, provide
computer access and educational services using information
technology to the public at one or more of its educational
buildings or facilities at least 12 hours each week. A group
of eligible entities is also eligible to receive a grant if
the group follows the procedures for group applications in 34
CFR 75.127-129 of the Education Department General
Administrative Regulations.
To be eligible to apply for a grant, a Community
Technology Center, public hospital, library, or park district
must serve a community in which not less than 40% 50% of the
students are eligible for a free or reduced price lunch
under the national school lunch program or in which not less
than 30% 40% of the students are eligible for a free lunch
under the national school lunch program; however, if funding
is insufficient to approve all grant applications for a
particular fiscal year, the Department may impose a higher
minimum percentage threshold for that fiscal year.
Determinations of communities and determinations of the
percentage of students in a community who are eligible for a
free or reduced price lunch under the national school lunch
program shall be in accordance with rules adopted by the
Department.
Any entities that have received a Community Technology
Center grant under the federal Community Technology Centers
Program are also eligible to apply for grants under this
Program.
The Department shall provide assistance to Community
Technology Centers in making those determinations for
purposes of applying for grants.
(c) Grant applications shall be submitted to the
Department not later than March 15 for the next fiscal year.
(d) The Department shall adopt rules setting forth the
required form and contents of grant applications.
(e) There is created the Digital Divide Elimination
Advisory Committee. The advisory committee shall consist of
5 members appointed one each by the Governor, the President
of the Senate, the Senate Minority Leader, the Speaker of the
House, and the House Minority Leader. The members of the
advisory committee shall receive no compensation for their
services as members of the advisory committee but may be
reimbursed for their actual expenses incurred in serving on
the advisory committee. The Digital Divide Elimination
Advisory Committee shall advise the Department in
establishing criteria and priorities for identifying
recipients of grants under this Act. The advisory committee
shall obtain advice from the technology industry regarding
current technological standards. The advisory committee
shall seek any available federal funding.
(Source: P.A. 91-704, eff. 7-1-00.)
Section 20. The Public Utilities Act is amended by
changing Sections 1-102, 2-101, 2-202, 8-101, 9-230, 13-101,
13-301.1, 13-407, 13-501, 13-502, 13-509, 13-514, 13-515,
13-516, 13-801, and 13-902 and adding Sections 10-101.1,
13-202.5, 13-216, 13-217, 13-218, 13-219, 13-220, 13-301.2,
13-301.3, 13-303, 13-303.5, 13-304, 13-305, 13-502.5, 13-517,
13-518, 13-712, 13-713, 13-903, and 13-1200 as follows:
(220 ILCS 5/1-102) (from Ch. 111 2/3, par. 1-102)
Sec. 1-102. Findings and Intent. The General Assembly
finds that the health, welfare and prosperity of all Illinois
citizens require the provision of adequate, efficient,
reliable, environmentally safe and least-cost public utility
services at prices which accurately reflect the long-term
cost of such services and which are equitable to all
citizens. It is therefore declared to be the policy of the
State that public utilities shall continue to be regulated
effectively and comprehensively. It is further declared that
the goals and objectives of such regulation shall be to
ensure
(a) Efficiency: the provision of reliable energy
services at the least possible cost to the citizens of
the State; in such manner that:
(i) physical, human and financial resources
are allocated efficiently;
(ii) all supply and demand options are
considered and evaluated using comparable terms and
methods in order to determine how utilities shall
meet their customers' demands for public utility
services at the least cost;
(iii) utilities are allowed a sufficient
return on investment so as to enable them to attract
capital in financial markets at competitive rates;
(iv) tariff rates for the sale of various
public utility services are authorized such that
they accurately reflect the cost of delivering those
services and allow utilities to recover the total
costs prudently and reasonably incurred;
(v) variation in costs by customer class and
time of use is taken into consideration in
authorizing rates for each class.
(b) Environmental Quality: the protection of the
environment from the adverse external costs of public
utility services so that
(i) environmental costs of proposed actions
having a significant impact on the environment and
the environmental impact of the alternatives are
identified, documented and considered in the
regulatory process;
(ii) the prudently and reasonably incurred
costs of environmental controls are recovered.
(c) Reliability: the ability of utilities to
provide consumers with public utility services under
varying demand conditions in such manner that suppliers
of public utility services are able to provide service at
varying levels of economic reliability giving appropriate
consideration to the costs likely to be incurred as a
result of service interruptions, and to the costs of
increasing or maintaining current levels of reliability
consistent with commitments to consumers.
(d) Equity: the fair treatment of consumers and
investors in order that
(i) the public health, safety and welfare
shall be protected;
(ii) the application of rates is based on
public understandability and acceptance of the
reasonableness of the rate structure and level;
(iii) the cost of supplying public utility
services is allocated to those who cause the costs
to be incurred;
(iv) if factors other than cost of service are
considered in regulatory decisions, the rationale
for these actions is set forth;
(v) regulation allows for orderly transition
periods to accommodate changes in public utility
service markets;
(vi) regulation does not result in undue or
sustained adverse impact on utility earnings;
(vii) the impacts of regulatory actions on all
sectors of the State are carefully weighed;
(viii) the rates for utility services are
affordable and therefore preserve the availability
of such services to all citizens.
It is further declared to be the policy of the State that
this Act shall not apply in relation to motor carriers and
rail carriers as defined in the Illinois Commercial
Transportation Law, or to the Commission in the regulation of
such carriers.
Nothing in this Act shall be construed to limit,
restrict, or mitigate in any way the power and authority of
the State's Attorneys or the Attorney General under the
Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 89-42, eff. 1-1-96.)
(220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
Sec. 2-101. Commerce Commission created. There is
created an Illinois Commerce Commission consisting of 5
members not more than 3 of whom shall be members of the same
political party at the time of appointment. The Governor
shall appoint the members of such Commission by and with the
advice and consent of the Senate. In case of a vacancy in
such office during the recess of the Senate the Governor
shall make a temporary appointment until the next meeting of
the Senate, when he shall nominate some person to fill such
office; and any person so nominated who is confirmed by the
Senate, shall hold his office during the remainder of the
term and until his successor shall be appointed and
qualified. Each member of the Commission shall hold office
for a term of 5 years from the third Monday in January of the
year in which his predecessor's term expires.
Notwithstanding any provision of this Section to the
contrary, the term of office of each member of the Commission
is terminated on the effective date of this amendatory Act of
1995, but the incumbent members shall continue to exercise
all of the powers and be subject to all of the duties of
members of the Commission until their respective successors
are appointed and qualified. Of the members initially
appointed under the provisions of this amendatory Act of
1995, one member shall be appointed for a term of office
which shall expire on the third Monday of January, 1997; 2
members shall be appointed for terms of office which shall
expire on the third Monday of January, 1998; one member shall
be appointed for a term of office which shall expire on the
third Monday of January, 1999; and one member shall be
appointed for a term of office which shall expire on the
third Monday of January, 2000. Each respective successor
shall be appointed for a term of 5 years from the third
Monday of January of the year in which his predecessor's term
expires in accordance with the provisions of the first
paragraph of this Section.
Each member shall serve until his successor is appointed
and qualified, except that if the Senate refuses to consent
to the appointment of any member, such office shall be
deemed vacant, and within 2 weeks of the date the Senate
refuses to consent to the reappointment of any member, such
member shall vacate such office. The Governor shall from time
to time designate the member of the Commission who shall be
its chairman. Consistent with the provisions of this Act, the
Chairman shall be the chief executive officer of the
Commission for the purpose of ensuring that the Commission's
policies are properly executed.
If there is no vacancy on the Commission, 4 members of
the Commission shall constitute a quorum to transact
business; otherwise, a majority of the Commission shall
constitute a quorum to transact business, and but no vacancy
shall impair the right of the remaining commissioners to
exercise all of the powers of the Commission.; and Every
finding, order, or decision approved by a majority of the
members of the Commission shall be deemed to be the finding,
order, or decision of the Commission.
(Source: P.A. 89-429, eff. 12-15-95.)
(220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
Sec. 2-202. Policy; Public Utility Fund; tax.
(a) It is declared to be the public policy of this State
that in order to maintain and foster the effective regulation
of public utilities under this Act in the interests of the
People of the State of Illinois and the public utilities as
well, the public utilities subject to regulation under this
Act and which enjoy the privilege of operating as public
utilities in this State, shall bear the expense of
administering this Act by means of a tax on such privilege
measured by the annual gross revenue of such public utilities
in the manner provided in this Section. For purposes of this
Section, "expense of administering this Act" includes any
costs incident to studies, whether made by the Commission or
under contract entered into by the Commission, concerning
environmental pollution problems caused or contributed to by
public utilities and the means for eliminating or abating
those problems. Such proceeds shall be deposited in the
Public Utility Fund in the State treasury.
(b) All of the ordinary and contingent expenses of the
Commission incident to the administration of this Act shall
be paid out of the Public Utility Fund except the
compensation of the members of the Commission which shall be
paid from the General Revenue Fund. Notwithstanding other
provisions of this Act to the contrary, the ordinary and
contingent expenses of the Commission incident to the
administration of the Illinois Commercial Transportation Law
may be paid from appropriations from the Public Utility Fund
through the end of fiscal year 1986.
(c) A tax is imposed upon each public utility subject to
the provisions of this Act equal to .08% of its gross revenue
for each calendar year commencing with the calendar year
beginning January 1, 1982, except that the Commission may, by
rule, establish a different rate no greater than 0.1%. For
purposes of this Section, "gross revenue" shall not include
revenue from the production, transmission, distribution,
sale, delivery, or furnishing of electricity. "Gross revenue"
shall not include amounts paid by telecommunications
retailers under the Telecommunications Municipal
Infrastructure Maintenance Fee Act.
(d) Annual gross revenue returns shall be filed in
accordance with paragraph (1) or (2) of this subsection (d).
(1) Except as provided in paragraph (2) of this
subsection (d), on or before January 10 of each year each
public utility subject to the provisions of this Act
shall file with the Commission an estimated annual gross
revenue return containing an estimate of the amount of
its gross revenue for the calendar year commencing
January 1 of said year and a statement of the amount of
tax due for said calendar year on the basis of that
estimate. Public utilities may also file revised returns
containing updated estimates and updated amounts of tax
due during the calendar year. These revised returns, if
filed, shall form the basis for quarterly payments due
during the remainder of the calendar year. In addition,
on or before March 31 February 15 of each year, each
public utility shall file an amended return showing the
actual amount of gross revenues shown by the company's
books and records as of December 31 of the previous year.
Forms and instructions for such estimated, revised, and
amended returns shall be devised and supplied by the
Commission.
(2) Beginning with returns due after January 1,
2002 1993, the requirements of paragraph (1) of this
subsection (d) shall not apply to any public utility in
any calendar year for which the total tax the public
utility owes under this Section is less than $10,000
$1,000. For such public utilities with respect to such
years, the public utility shall file with the Commission,
on or before March January 31 of the following year, an
annual gross revenue return for the year and a statement
of the amount of tax due for that year on the basis of
such a return. Forms and instructions for such returns
and corrected returns shall be devised and supplied by
the Commission.
(e) All returns submitted to the Commission by a public
utility as provided in this subsection (e) or subsection (d)
of this Section shall contain or be verified by a written
declaration by an appropriate officer of the public utility
that the return is made under the penalties of perjury. The
Commission may audit each such return submitted and may,
under the provisions of Section 5-101 of this Act, take such
measures as are necessary to ascertain the correctness of the
returns submitted. The Commission has the power to direct the
filing of a corrected return by any utility which has filed
an incorrect return and to direct the filing of a return by
any utility which has failed to submit a return. A
taxpayer's signing a fraudulent return under this Section is
perjury, as defined in Section 32-2 of the Criminal Code of
1961.
(f) (1) For all public utilities subject to paragraph
(1) of subsection (d), at least one quarter of the annual
amount of tax due under subsection (c) shall be paid to the
Commission on or before the tenth day of January, April,
July, and October of the calendar year subject to tax. In
the event that an adjustment in the amount of tax due should
be necessary as a result of the filing of an amended or
corrected return under subsection (d) or subsection (e) of
this Section, the amount of any deficiency shall be paid by
the public utility together with the amended or corrected
return and the amount of any excess shall, after the filing
of a claim for credit by the public utility, be returned to
the public utility in the form of a credit memorandum in the
amount of such excess or be refunded to the public utility in
accordance with the provisions of subsection (k) of this
Section. However, if such deficiency or excess is less than
$1, then the public utility need not pay the deficiency and
may not claim a credit.
(2) Any public utility subject to paragraph (2) of
subsection (d) shall pay the amount of tax due under
subsection (c) on or before March January 31 next following
the end of the calendar year subject to tax. In the event
that an adjustment in the amount of tax due should be
necessary as a result of the filing of a corrected return
under subsection (e), the amount of any deficiency shall be
paid by the public utility at the time the corrected return
is filed. Any excess tax payment by the public utility shall
be returned to it after the filing of a claim for credit, in
the form of a credit memorandum in the amount of the excess.
However, if such deficiency or excess is less than $1, the
public utility need not pay the deficiency and may not claim
a credit.
(g) Each installment or required payment of the tax
imposed by subsection (c) becomes delinquent at midnight of
the date that it is due. Failure to make a payment as
required by this Section shall result in the imposition of a
late payment penalty, an underestimation penalty, or both, as
provided by this subsection. The late payment penalty shall
be the greater of:
(1) $25 for each month or portion of a month that
the installment or required payment is unpaid or
(2) an amount equal to the difference between what
should have been paid on the due date, based upon the
most recently filed estimated, annual, or amended return
estimate, and what was actually paid, times 1%, for each
month or portion of a month that the installment or
required payment goes unpaid. This penalty may be
assessed as soon as the installment or required payment
becomes delinquent.
The underestimation penalty shall apply to those public
utilities subject to paragraph (1) of subsection (d) and
shall be calculated after the filing of the amended return.
It shall be imposed if the amount actually paid on any of the
dates specified in subsection (f) is not equal to at least
one-fourth of the amount actually due for the year, and shall
equal the greater of:
(1) $25 for each month or portion of a month that
the amount due is unpaid or
(2) an amount equal to the difference between what
should have been paid, based on the amended return, and
what was actually paid as of the date specified in
subsection (f), times a percentage equal to 1/12 of the
sum of 10% and the percentage most recently established
by the Commission for interest to be paid on customer
deposits under 83 Ill. Adm. Code 280.70(e)(1), for each
month or portion of a month that the amount due goes
unpaid, except that no underestimation penalty shall be
assessed if the amount actually paid on or before each of
the dates specified in subsection (f) was based on an
estimate of gross revenues at least equal to the actual
gross revenues for the previous year. The Commission may
enforce the collection of any delinquent installment or
payment, or portion thereof by legal action or in any
other manner by which the collection of debts due the
State of Illinois may be enforced under the laws of this
State. The executive director or his designee may excuse
the payment of an assessed penalty or a portion of an
assessed penalty if he determines that enforced
collection of the penalty as assessed would be unjust.
(h) All sums collected by the Commission under the
provisions of this Section shall be paid promptly after the
receipt of the same, accompanied by a detailed statement
thereof, into the Public Utility Fund in the State treasury.
(i) During the month of October of each odd-numbered
year the Commission shall:
(1) determine the amount of all moneys deposited in
the Public Utility Fund during the preceding fiscal
biennium plus the balance, if any, in that fund at the
beginning of that biennium;
(2) determine the sum total of the following items:
(A) all moneys expended or obligated against
appropriations made from the Public Utility Fund during
the preceding fiscal biennium, plus (B) the sum of the
credit memoranda then outstanding against the Public
Utility Fund, if any; and
(3) determine the amount, if any, by which the sum
determined as provided in item (1) exceeds the amount
determined as provided in item (2).
If the amount determined as provided in item (3) of this
subsection exceeds $5,000,000 $2,500,000, the Commission
shall then compute the proportionate amount, if any, which
(x) the tax paid hereunder by each utility during the
preceding biennium, and (y) the amount paid into the Public
Utility Fund during the preceding biennium by the Department
of Revenue pursuant to Sections 2-9 and 2-11 of the
Electricity Excise Tax Law, bears to the difference between
the amount determined as provided in item (3) of this
subsection (i) and $5,000,000 $2,500,000. The Commission
shall cause the proportionate amount determined with respect
to payments made under the Electricity Excise Tax Law to be
transferred into the General Revenue Fund in the State
Treasury, and notify each public utility that it may file
during the 3 month period after the date of notification a
claim for credit for the proportionate amount determined with
respect to payments made hereunder by the public utility. If
the proportionate amount is less than $10, no notification
will be sent by the Commission, and no right to a claim
exists as to that amount. Upon the filing of a claim for
credit within the period provided, the Commission shall issue
a credit memorandum in such amount to such public utility.
Any claim for credit filed after the period provided for in
this Section is void.
(j) Credit memoranda issued pursuant to subsection (f)
and credit memoranda issued after notification and filing
pursuant to subsection (i) may be applied for the 2 year
period from the date of issuance, against the payment of any
amount due during that period under the tax imposed by
subsection (c), or, subject to reasonable rule of the
Commission including requirement of notification, may be
assigned to any other public utility subject to regulation
under this Act. Any application of credit memoranda after the
period provided for in this Section is void.
(k) The chairman or executive director may make refund
of fees, taxes or other charges whenever he shall determine
that the person or public utility will not be liable for
payment of such fees, taxes or charges during the next 24
months and he determines that the issuance of a credit
memorandum would be unjust.
(Source: P.A. 90-561, eff. 8-1-98; 90-562, 12-16-97; 90-655,
eff. 7-30-98.)
(220 ILCS 5/8-101) (from Ch. 111 2/3, par. 8-101)
Sec. 8-101. Duties of public utilities;
nondiscrimination. A Every public utility shall furnish,
provide, and maintain such service instrumentalities,
equipment, and facilities as shall promote the safety,
health, comfort, and convenience of its patrons, employees,
and public and as shall be in all respects adequate,
efficient, just, and reasonable.
All rules and regulations made by a public utility
affecting or pertaining to its charges or service to the
public shall be just and reasonable.
A Every public utility shall, upon reasonable notice,
furnish to all persons who may apply therefor and be
reasonably entitled thereto, suitable facilities and service,
without discrimination and without delay.
Nothing in this Section shall be construed to prevent a
public utility from accepting payment electronically or by
the use of a customer-preferred financially accredited credit
or debit methodology.
(Source: P.A. 84-617.)
(220 ILCS 5/9-230) (from Ch. 111 2/3, par. 9-230)
Sec. 9-230. Rate of return; financial involvement with
nonutility or unregulated companies. In determining a
reasonable rate of return upon investment for any public
utility in any proceeding to establish rates or charges, the
Commission shall not include any (i) incremental risk, (ii)
or increased cost of capital, or (iii) after May 31, 2003,
revenue or expense attributed to telephone directory
operations, which is the direct or indirect result of the
public utility's affiliation with unregulated or nonutility
companies.
(Source: P.A. 84-617.)
(220 ILCS 5/10-101.1 new)
Sec. 10-101.1. Mediation; arbitration; case management.
(a) It is the intent of the General Assembly that
proceedings before the Commission shall be concluded as
expeditiously as is possible consistent with the right of the
parties to the due process of law and protection of the
public interest. It is further the intent of the General
Assembly to permit and encourage voluntary mediation and
voluntary binding arbitration of disputes arising under this
Act.
(b) Nothing in this Act shall prevent parties to
contested cases brought before the Commission from resolving
those cases, or other disputes arising under this Act, in
part or in their entirety, by agreement of all parties, by
compromise and settlement, or by voluntary mediation;
provided, however, that nothing in this Section shall limit
the Commission's authority to conduct such investigations and
enter such orders as it shall deem necessary to enforce the
provisions of this Act or otherwise protect the public
interest. Evidence of conduct or statements made by a party
in furtherance of voluntary mediation or in compromise
negotiations is not admissible as evidence should the matter
subsequently be heard by the Commission; provided, however
that evidence otherwise discoverable is not excluded or
deemed inadmissible merely because it is presented in the
course of voluntary mediation or compromise negotiations. No
civil penalty shall be imposed upon parties that reach an
agreement pursuant to the mediation procedures in this
Section.
(c) The Commission shall prescribe by rule such
procedures and facilities as are necessary to permit parties
to resolve disputes through voluntary mediation prior to the
filing of, or at any point during, the pendency of a
contested matter. Parties to disputes arising under this Act
are encouraged to submit disputes to the Commission for
voluntary mediation, which shall not be binding upon the
parties. Submission of a dispute to voluntary mediation shall
not compromise the right of any party to bring action under
this Act.
(d) In any contested case before the Commission, at the
Commission's or hearing examiner's direction or on motion of
any party, a case management conference may be held at such
time in the proceeding prior to evidentiary hearing as the
hearing examiner deems proper. Prior to the conference, when
directed to do so, all parties shall file a case management
memorandum that addresses items (1) through (9) as directed
by the hearing examiner. At the conference, the following
shall be considered:
(1) the identification and simplification of the
issues; provided, however, that the identification of
issues by a party shall not foreclose that party from
raising such other meritorious issues as that party might
subsequently identify;
(2) amendments to the pleadings;
(3) the possibility of obtaining admissions of fact
and of documents which will avoid unnecessary proof;
(4) limitations on discovery including:
(A) the area of expertise and the number of
witnesses who will likely be called; provided,
however, that the identification of witnesses by a
party shall not foreclose that party from producing
such other witnesses as that party might
subsequently identify; and
(B) schedules for responses to and completion
of discovery; provided, however, that such responses
shall under no circumstances be provided later than
28 days after such discovery or requests are served,
unless the hearing examiner shall order or the
parties agree to some other time period for
response;
(5) the possibility of settlement and scheduling of
a settlement conference;
(6) the advisability of alternative dispute
resolution including, but not limited to, mediation or
arbitration;
(7) the date on which the matter should be ready
for evidentiary hearing and the likely duration of the
hearing;
(8) the advisability of holding subsequent case
management conferences; and
(9) any other matters that may aid in the
disposition of the action.
(e) The Commission is hereby authorized, if requested by
all parties to any complaint brought under this Act, to
arbitrate the complaint and to enter a binding arbitration
award disposing of the complaint. The Commission shall
prescribe by rule procedures for arbitration.
(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-101. Application of Act to telecommunications
rates and services. Except to the extent modified or
supplemented by the specific provisions of this Article, the
Sections of this Act pertaining to public utilities, public
utility rates and services, and the regulation thereof, are
fully and equally applicable to noncompetitive
telecommunications rates and services, and the regulation
thereof, except where the context clearly renders such
provisions inapplicable. Except to the extent modified or
supplemented by the specific provisions of this Article,
Articles I through V, Sections 8-301, 8-505, 9-221, 9-222,
9-222.1, 9-222.2, 9-250, and 9-252.1, and Articles X and XI
of this Act are fully and equally applicable to competitive
telecommunications rates and services, and the regulation
thereof; in addition, as to competitive telecommunications
rates and services, and the regulation thereof, all rules and
regulations made by a telecommunications carrier affecting or
pertaining to its charges or service to the public shall be
just and reasonable, provided that nothing in this Section
shall be construed to prevent a telecommunications carrier
from accepting payment electronically or by the use of a
customer-preferred financially accredited credit or debit
methodology. As of the effective date of this amendatory Act
of the 92nd General Assembly, Sections 4-202, 4-203, and
5-202 of this Act shall cease to apply to telecommunications
rates and services.
(Source: P.A. 90-38, eff. 6-27-97.)
(220 ILCS 5/13-202.5 new)
Sec. 13-202.5. Incumbent local exchange carrier.
"Incumbent local exchange carrier" means, with respect to an
area, the telecommunications carrier that provided
noncompetitive local exchange telecommunications service in
that area on February 8, 1996, and on that date was deemed a
member of the exchange carrier association pursuant to 47
C.F.R. 69.601(b), and includes its successors, assigns, and
affiliates.
(220 ILCS 5/13-216 new)
Sec. 13-216. Network element. "Network element" means a
facility or equipment used in the provision of a
telecommunications service. The term also includes features,
functions, and capabilities that are provided by means of the
facility or equipment, including, but not limited to,
subscriber numbers, databases, signaling systems, and
information sufficient for billing and collection or used in
the transmission, routing, or other provision of a
telecommunications service.
(220 ILCS 5/13-217 new)
Sec. 13-217. End user. "End user" means any person,
corporation, partnership, firm, municipality, cooperative,
organization, governmental agency, building owner, or other
entity provided with a telecommunications service for its own
consumption and not for resale.
(220 ILCS 5/13-218 new)
Sec. 13-218. Business end user. "Business end user"
means (1) an end user engaged primarily or substantially in a
paid commercial, professional, or institutional activity; (2)
an end user provided telecommunications service in a
commercial, professional, or institutional location, or other
location serving primarily or substantially as a site of an
activity for pay; (3) an end user whose telecommunications
service is listed as the principal or only number for a
business in any yellow pages directory; (4) an end user whose
telecommunications service is used to conduct promotions,
solicitations, or market research for which compensation or
reimbursement is paid or provided; provided, however, that
the use of telecommunications service, without compensation
or reimbursement, for a charitable or civic purpose shall not
constitute business use of a telecommunications service.
(220 ILCS 5/13-219 new)
Sec. 13-219. Residential end user. "Residential end
user" means an end user other than a business end user.
(220 ILCS 5/13-220 new)
Sec. 13-220. Retail telecommunications service. "Retail
telecommunications service" means a telecommunications
service sold to an end user. "Retail telecommunications
service" does not include a telecommunications service
provided by a telecommunications carrier to a
telecommunications carrier, including to itself, as a
component of, or for the provision of, telecommunications
service. A business retail telecommunications service is a
retail telecommunications service provided to a business end
user. A residential retail telecommunications service is a
retail telecommunications service provided to a residential
end user.
(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-301.1. Universal Telephone Service Assistance
Program.
(a) The Commission shall by rule or regulation establish
a Universal Telephone Service Assistance Program for low
income residential customers. The program shall provide for a
reduction of access line charges, a reduction of connection
charges, or any other alternative to increase accessibility
to telephone service that the Commission deems advisable
subject to the availability of funds for the program as
provided in subsection (d) (b). The Commission shall
establish eligibility requirements for benefits under the
program.
(b) The Commission shall adopt rules providing for
enhanced enrollment for eligible consumers to receive
lifeline service. Enhanced enrollment may include, but is
not limited to, joint marketing, joint application, or joint
processing with the Low-Income Home Energy Assistance
Program, the Medicaid Program, and the Food Stamp Program.
The Department of Human Services, the Department of Public
Aid, and the Department of Commerce and Community Affairs,
upon request of the Commission, shall assist in the adoption
and implementation of those rules. The Commission and the
Department of Human Services, the Department of Public Aid,
and the Department of Commerce and Community Affairs may
enter into memoranda of understanding establishing the
respective duties of the Commission and the Departments in
relation to enhanced enrollment.
(c) In this Section, "lifeline service" means a retail
local service offering described by 47 C.F.R. Section
54.401(a), as amended.
(d) (b) The Commission shall require by rule or
regulation that each telecommunications carrier providing
local exchange telecommunications services notify its
customers that if the customer wishes to participate in the
funding of the Universal Telephone Service Assistance Program
he may do so by electing to contribute, on a monthly basis, a
fixed amount that will be included in the customer's monthly
bill. The customer may cease contributing at any time upon
providing notice to the telecommunications carrier providing
local exchange telecommunications services. The notice shall
state that any contribution made will not reduce the
customer's bill for telecommunications services. Failure to
remit the amount of increased payment will reduce the
contribution accordingly. The Commission shall specify the
monthly fixed amount or amounts that customers wishing to
contribute to the funding of the Universal Telephone Service
Assistance Program may choose from in making their
contributions. Every telecommunications carrier providing
local exchange telecommunications services shall remit the
amounts contributed in accordance with the terms of the
Universal Telephone Service Assistance Program.
(Source: P.A. 87-750; 90-372, eff. 7-1-98.)
(220 ILCS 5/13-301.2 new)
Sec. 13-301.2. Program to Foster Elimination of the
Digital Divide. The Commission shall require by rule that
each telecommunications carrier notify its customers that if
the customer wishes to participate in the funding of the
Program to Foster Elimination of the Digital Divide he or she
may do so by electing to contribute, on a monthly basis, a
fixed amount that will be included in the customer's monthly
bill. The customer may cease contributing at any time upon
providing notice to the telecommunications carrier. The
notice shall state that any contribution made will not reduce
the customer's bill for telecommunications services. Failure
to remit the amount of increased payment will reduce the
contribution accordingly. The Commission shall specify the
monthly fixed amount or amounts that customers wishing to
contribute to the funding of the Program to Foster
Elimination of the Digital Divide may choose from in making
their contributions. A telecommunications carrier shall
remit the amounts contributed by its customers to the
Department of Commerce and Community Affairs for deposit in
the Digital Divide Elimination Fund at the intervals
specified in the Commission rules.
(220 ILCS 5/13-301.3 new)
Sec. 13-301.3. Digital Divide Elimination Infrastructure
Program.
(a) The Digital Divide Elimination Infrastructure Fund
is created as a special fund in the State treasury. All
moneys in the Fund shall be used, subject to appropriation,
by the Commission to fund the construction of facilities
specified in Commission rules adopted under this Section. The
Commission may accept private and public funds, including
federal funds, for deposit into the Fund. Earnings
attributable to moneys in the Fund shall be deposited into
the Fund.
(b) The Commission shall adopt rules under which it will
make grants out of funds appropriated from the Digital Divide
Elimination Infrastructure Fund to eligible entities as
specified in the rules for the construction of high-speed
data transmission facilities in areas of the State for which
the incumbent local exchange carrier having the duty to serve
such area, and the obligation to provide advanced services to
such area pursuant to Section 13-517 of this Act, has sought
and obtained an exemption from such obligation based upon a
Commission finding that provision of such advanced services
to customers in such area is either unduly economically
burdensome or will impose a significant adverse economic
impact on users of telecommunications services generally.
(c) The rules of the Commission shall provide for the
competitive selection of recipients of grant funds available
from the Digital Divide Elimination Infrastructure Fund
pursuant to the Illinois Procurement Code. Grants shall be
awarded to bidders chosen on the basis of the criteria
established in such rules.
(d) All entities awarded grant moneys under this Section
shall maintain all records required by Commission rule for
the period of time specified in the rules. Such records shall
be subject to audit by the Commission, by any auditor
appointed by the State, or by any State officer authorized to
conduct audits.
(220 ILCS 5/13-303 new)
Sec. 13-303. Action to enforce law or orders. Whenever
the Commission is of the opinion that a telecommunications
carrier is failing or omitting, or is about to fail or omit,
to do anything required of it by law or by an order,
decision, rule, regulation, direction, or requirement of the
Commission or is doing or permitting anything to be done, or
is about to do anything or is about to permit anything to be
done, contrary to or in violation of law or an order,
decision, rule, regulation, direction, or requirement of the
Commission, the Commission shall file an action or proceeding
in the circuit court in and for the county in which the case
or some part thereof arose or in which the telecommunications
carrier complained of has its principal place of business, in
the name of the People of the State of Illinois for the
purpose of having the violation or threatened violation
stopped and prevented either by mandamus or injunction. The
Commission may express its opinion in a resolution based upon
whatever factual information has come to its attention and
may issue the resolution ex parte and without holding any
administrative hearing before bringing suit. Except in cases
involving an imminent threat to the public health and safety,
no such resolution shall be adopted until 48 hours after the
telecommunications carrier has been given notice of (i) the
substance of the alleged violation, including citation to the
law, order, decision, rule, regulation, or direction of the
Commission alleged to have been violated and (ii) the time
and the date of the meeting at which such resolution will
first be before the Commission for consideration.
The Commission shall file the action or proceeding by
complaint in the circuit court alleging the violation or
threatened violation complained of and praying for
appropriate relief by way of mandamus or injunction. It
shall be the duty of the court to specify a time, not
exceeding 20 days after the service of the copy of the
complaint, within which the telecommunications carrier
complained of must answer the complaint, and in the meantime
the telecommunications carrier may be restrained. In case of
default in answer or after answer, the court shall
immediately inquire into the facts and circumstances of the
case. The telecommunications carrier and persons that the
court may deem necessary or proper may be joined as parties.
The final judgment in any action or proceeding shall either
dismiss the action or proceeding or grant relief by mandamus
or injunction as prayed for in the complaint, or in such
modified or other form as will afford appropriate relief in
the court's judgment.
(220 ILCS 5/13-303.5 new)
Sec. 13-303.5. Injunctive relief. If, after a hearing,
the Commission determines that a telecommunications carrier
has violated this Act or a Commission order or rule, any
telecommunications carrier adversely affected by the
violation may seek injunctive relief in circuit court.
(220 ILCS 5/13-304 new)
Sec. 13-304. Action to recover civil penalties.
(a) The Commission shall assess and collect all civil
penalties established under this Act against
telecommunications carriers, corporations other than
telecommunications carriers, and persons acting as
telecommunications carriers. Except for the penalties
provided under Section 2-202, civil penalties may be assessed
only after notice and opportunity to be heard. Any such
civil penalty may be compromised by the Commission. In
determining the amount of the civil penalty to be assessed,
or the amount of the civil penalty to be compromised, the
Commission is authorized to consider any matters of record in
aggravation or mitigation of the penalty, including but not
limited to the following:
(1) the duration and gravity of the violation of
the Act, the rules, or the order of the Commission;
(2) the presence or absence of due diligence on the
part of the violator in attempting either to comply with
requirements of the Act, the rules, or the order of the
Commission, or to secure lawful relief from those
requirements;
(3) any economic benefits accrued by the violator
because of the delay in compliance with requirements of
the Act, the rules, or the order of the Commission; and
(4) the amount of monetary penalty that will serve
to deter further violations by the violator and to
otherwise aid in enhancing voluntary compliance with the
Act, the rules, or the order of the Commission by the
violator and other persons similarly subject to the Act.
(b) If timely judicial review of a Commission order that
imposes a civil penalty is taken by a telecommunications
carrier, a corporation other than a telecommunications
carrier, or a person acting as a telecommunications carrier
on whom or on which the civil penalty has been imposed, the
reviewing court shall enter a judgment on all amounts upon
affirmance of the Commission order. If timely judicial
review is not taken and the civil penalty remains unpaid for
60 days after service of the order, the Commission in its
discretion may either begin revocation proceedings or bring
suit to recover the penalties. Unless stayed by a reviewing
court, interest shall accrue from the 60th day after the date
of service of the Commission order to the date full payment
is received by the Commission.
(c) Actions to recover delinquent civil penalties under
this Section shall be brought in the name of the People of
the State of Illinois in the circuit court in and for the
county in which the cause, or some part thereof, arose, or in
which the entity complained of resides. The action shall be
commenced and prosecuted to final judgement by the
Commission. In any such action, all interest incurred up to
the time of final court judgment may be recovered in that
action. In all such actions, the procedure and rules of
evidence shall be the same as in ordinary civil actions,
except as otherwise herein provided. Any such action may be
compromised or discontinued on application of the Commission
upon such terms as the court shall approve and order.
(d) Civil penalties related to the late filing of
reports, taxes, or other filings shall be paid into the State
treasury to the credit of the Public Utility Fund. Except as
otherwise provided in this Act, all other fines and civil
penalties shall be paid into the State treasury to the credit
of the General Revenue Fund.
(220 ILCS 5/13-305 new)
Sec. 13-305. Amount of civil penalty. A
telecommunications carrier, any corporation other than a
telecommunications carrier, or any person acting as a
telecommunications carrier that violates or fails to comply
with any provisions of this Act or that fails to obey,
observe, or comply with any order, decision, rule,
regulation, direction, or requirement, or any part or
provision thereof, of the Commission, made or issued under
authority of this Act, in a case in which a civil penalty is
not otherwise provided for in this Act, but excepting Section
5-202 of the Act, shall be subject to a civil penalty imposed
in the manner provided in Section 13-304 of no more than
$30,000 or 0.00825% of the carrier's gross intrastate annual
telecommunications revenue, whichever is greater, for each
offense unless the violator has fewer than 35,000 subscriber
access lines, in which case the civil penalty may not exceed
$2,000 for each offense.
A telecommunications carrier subject to administrative
penalties resulting from a final Commission order approving
an intercorporate transaction entered pursuant to Section
7-204 of this Act shall be subject to penalties under this
Section imposed for the same conduct only to the extent that
such penalties exceed those imposed by the final Commission
order.
Every violation of the provisions of this Act or of any
order, decision, rule, regulation, direction, or requirement
of the Commission, or any part or provision thereof, by any
corporation or person, is a separate and distinct offense.
Penalties under this Section shall attach and begin to accrue
from the day after written notice is delivered to such party
or parties that they are in violation of or have failed to
comply with this Act or an order, decision, rule, regulation,
direction, or requirement of the Commission, or part or
provision thereof. In case of a continuing violation, each
day's continuance thereof shall be a separate and distinct
offense.
In construing and enforcing the provisions of this Act
relating to penalties, the act, omission, or failure of any
officer, agent, or employee of any telecommunications carrier
or of any person acting within the scope of his or her duties
or employment shall in every case be deemed to be the act,
omission, or failure of such telecommunications carrier or
person.
If the party who has violated or failed to comply with
this Act or an order, decision, rule, regulation, direction,
or requirement of the Commission, or any part or provision
thereof, fails to seek timely review pursuant to Sections
10-113 and 10-201 of this Act, the party shall, upon
expiration of the statutory time limit, be subject to the
civil penalty provision of this Section.
Twenty percent of all moneys collected under this Section
shall be deposited into the Digital Divide Elimination Fund
and 20% of all moneys collected under this Section shall be
deposited into the Digital Divide Elimination Infrastructure
Fund.
(220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-407. Commission study and report. The Commission
shall monitor and analyze patterns of entry and exit, and
changes in patterns of applications for entry and exit, for
each relevant market for telecommunications services,
including emerging high speed telecommunications markets, and
shall include its findings together with appropriate
recommendations for legislative action in its annual report
to the General Assembly.
The Commission shall also monitor and analyze the status
of deployment of services to consumers, and any resulting
"digital divisions" between consumers, including any changes
or trends therein. The Commission shall include its findings
together with appropriate recommendations for legislative
action in its annual report to the General Assembly. In
preparing this analysis the Commission shall evaluate
information provided by telecommunications carriers that
pertains to the state of competition in telecommunications
markets including, but not limited to:
(1) the number and type of firms providing
telecommunications services, including broadband
telecommunications services, within the State;
(2) the telecommunications services offered by
these firms to both retail and wholesale customers;
(3) the extent to which customers and other
providers are purchasing the firms' telecommunications
services;
(4) the technologies or methods by which these
firms provide these services, including descriptions of
technologies in place and under development, and the
degree to which firms rely on other wholesale providers
to provide service to their own customers; and
(5) the tariffed retail and wholesale prices for
services provided by these firms.
The Commission shall at a minimum assess the variability
in this information according to geography, examining
variability by exchange, wirecenter, or zip code, and by
customer class, examining, at a minimum, the variability
between residential and small, medium, and large business
customers. The Commission shall provide an analysis of
market trends by collecting this information from firms
providing telecommunications services within the State. The
Commission shall also collect all information, in a format
determined by the Commission, that the Commission deems
necessary to assist in monitoring and analyzing the
telecommunications markets and the status of competition and
deployment of telecommunications services to consumers in the
State.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-501. Tariff; filing.
(a) No telecommunications carrier shall offer or provide
telecommunications service unless and until a tariff is filed
with the Commission which describes the nature of the
service, applicable rates and other charges, terms and
conditions of service, and the exchange, exchanges or other
geographical area or areas in which the service shall be
offered or provided. The Commission may prescribe the form
of such tariff and any additional data or information which
shall be included therein.
(b) After a hearing, the Commission has the discretion
to impose an interim or permanent tariff on a
telecommunications carrier as part of the order in the case.
When a tariff is imposed as part of the order in a case, the
tariff shall remain in full force and effect until a
compliance tariff, or superseding tariff, is filed by the
telecommunications carrier and, after notice to the parties
in the case and after a compliance hearing is held, is found
by the Commission to be in compliance with the Commission's
order.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-502. Classification of services.
(a) All telecommunications services offered or provided
under tariff by telecommunications carriers shall be
classified as either competitive or noncompetitive. A
telecommunications carrier may offer or provide either
competitive or noncompetitive telecommunications services, or
both, subject to proper certification and other applicable
provisions of this Article. Any tariff filed with the
Commission as required by Section 13-501 shall indicate
whether the service to be offered or provided is competitive
or noncompetitive.
(b) A service shall be classified as competitive only
if, and only to the extent that, for some identifiable class
or group of customers in an exchange, group of exchanges, or
some other clearly defined geographical area, such service,
or its functional equivalent, or a substitute service, is
reasonably available from more than one provider, whether or
not any such provider is a telecommunications carrier subject
to regulation under this Act. All telecommunications services
not properly classified as competitive shall be classified as
noncompetitive. The Commission shall have the power to
investigate the propriety of any classification of a
telecommunications service on its own motion and shall
investigate upon complaint. In any hearing or investigation,
the burden of proof as to the proper classification of any
service shall rest upon the telecommunications carrier
providing the service. After notice and hearing, the
Commission shall order the proper classification of any
service in whole or in part. The Commission shall make its
determination and issue its final order no later than 180
days from the date such hearing or investigation is
initiated. If the Commission enters into a hearing upon
complaint and if the Commission fails to issue an order
within that period, the complaint shall be deemed granted
unless the Commission, the complainant, and the
telecommunications carrier providing the service agree to
extend the time period.
(c) In determining whether a service should be
reclassified as competitive, the Commission shall, at a
minimum, consider the following factors:
(1) the number, size, and geographic distribution
of other providers of the service;
(2) the availability of functionally equivalent
services in the relevant geographic area and the ability
of telecommunications carriers or other persons to make
the same, equivalent, or substitutable service readily
available in the relevant market at comparable rates,
terms, and conditions;
(3) the existence of economic, technological, or
any other barriers to entry into, or exit from, the
relevant market;
(4) the extent to which other telecommunications
companies must rely upon the service of another
telecommunications carrier to provide telecommunications
service; and
(5) any other factors that may affect competition
and the public interest that the Commission deems
appropriate.
(d) No tariff classifying a new telecommunications
service as competitive or reclassifying a previously
noncompetitive telecommunications service as competitive,
which is filed by a telecommunications carrier which also
offers or provides noncompetitive telecommunications service,
shall be effective unless and until such telecommunications
carrier offering or providing, or seeking to offer or
provide, such proposed competitive service prepares and files
a study of the long-run service incremental cost underlying
such service and demonstrates that the tariffed rates and
charges for the service and any relevant group of services
that includes the proposed competitive service and for which
resources are used in common solely by that group of services
are not less than the long-run service incremental cost of
providing the service and each relevant group of services.
Such study shall be given proprietary treatment by the
Commission at the request of such carrier if any other
provider of the competitive service, its functional
equivalent, or a substitute service in the geographical area
described by the proposed tariff has not filed, or has not
been required to file, such a study.
(e) (d) In the event any telecommunications service has
been classified and filed as competitive by the
telecommunications carrier, and has been offered or provided
on such basis, and the Commission subsequently determines
after investigation that such classification improperly
included services which were in fact noncompetitive, the
Commission shall have the power to determine and order
refunds to customers for any overcharges which may have
resulted from the improper classification, or to order such
other remedies provided to it under this Act, or to seek an
appropriate remedy or relief in a court of competent
jurisdiction.
(f) (e) If no hearing or investigation regarding the
propriety of a competitive classification of a
telecommunications service is initiated within 180 days after
a telecommunications carrier files a tariff listing such
telecommunications service as competitive, no refunds to
customers for any overcharges which may result from an
improper classification shall be ordered for the period from
the time the telecommunications carrier filed such tariff
listing the service as competitive up to the time an
investigation of the service classification is initiated by
the Commission's own motion or the filing of a complaint.
Where a hearing or an investigation regarding the propriety
of a telecommunications service classification as competitive
is initiated after 180 days from the filing of the tariff,
the period subject to refund for improper classification
shall begin on the date such investigation or hearing is
initiated by the filing of a Commission motion or a
complaint.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-502.5 new)
Sec. 13-502.5. Services alleged to be improperly
classified.
(a) Any action or proceeding pending before the
Commission upon the effective date of this amendatory Act of
the 92nd General Assembly in which it is alleged that a
telecommunications carrier has improperly classified services
as competitive, other than a case pertaining to Section
13-506.1, shall be abated and shall not be maintained or
continued.
(b) All retail telecommunications services provided to
business end users by any telecommunications carrier subject,
as of May 1, 2001, to alternative regulation under an
alternative regulation plan pursuant to Section 13-506.1 of
this Act shall be classified as competitive as of the
effective date of this amendatory Act of the 92nd General
Assembly without further Commission review. Rates for retail
telecommunications services provided to business end users
with 4 or fewer access lines shall not exceed the rates the
carrier charged for those services on May 1, 2001. This
restriction upon the rates of retail telecommunications
services provided to business end users shall remain in force
and effect through July 1, 2005; provided, however, that
nothing in this Section shall be construed to prohibit
reduction of those rates. Rates for retail telecommunications
services provided to business end users with 5 or more access
lines shall not be subject to the restrictions set forth in
this subsection.
(c) All retail vertical services, as defined herein,
that are provided by a telecommunications carrier subject, as
of May 1, 2001, to alternative regulation under an
alternative regulation plan pursuant to Section 13-506.1 of
this Act shall be classified as competitive as of June 1,
2003 without further Commission review. Retail vertical
services shall include, for purposes of this Section,
services available on a subscriber's telephone line that the
subscriber pays for on a periodic or per use basis, but shall
not include caller identification and call waiting.
(d) Any action or proceeding before the Commission upon
the effective date of this amendatory Act of the 92nd General
Assembly, in which it is alleged that a telecommunications
carrier has improperly classified services as competitive,
other than a case pertaining to Section 13-506.1, shall be
abated and the services the classification of which is at
issue shall be deemed either competitive or noncompetitive as
set forth in this Section. Any telecommunications carrier
subject to an action or proceeding in which it is alleged
that the telecommunications carrier has improperly classified
services as competitive shall be deemed liable to refund, and
shall refund, the sum of $90,000,000 to that class or those
classes of its customers that were alleged to have paid rates
in excess of noncompetitive rates as the result of the
alleged improper classification. The telecommunications
carrier shall make the refund no later than 120 days after
the effective date of this amendatory Act of the 92nd General
Assembly.
(e) Any telecommunications carrier subject to an action
or proceeding in which it is alleged that the
telecommunications carrier has improperly classified services
as competitive shall also pay the sum of $15,000,000 to the
Digital Divide Elimination Fund established pursuant to
Section 5-20 of the Eliminate the Digital Divide Law, and
shall further pay the sum of $15,000,000 to the Digital
Divide Elimination Infrastructure Fund established pursuant
to Section 13-301.3 of this Act. The telecommunications
carrier shall make each of these payments in 3 installments
of $5,000,000, payable on July 1 of 2002, 2003, and 2004.
The telecommunications carrier shall have no further
accounting for these payments, which shall be used for the
purposes established in the Eliminate the Digital Divide Law.
(f) All other services shall be classified pursuant to
Section 13-502 of this Act.
(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 30 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 the agreement by some other Section
of this Act shall be filed within 30 business 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; 90-574, eff. 3-20-98.)
(220 ILCS 5/13-514)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-514. Prohibited Actions of Telecommunications
Carriers. A telecommunications carrier shall not knowingly
impede the development of competition in any
telecommunications service market. The following prohibited
actions are considered per se impediments to the development
of competition; however, the Commission is not limited in any
manner to these enumerated impediments and may consider other
actions which impede competition to be prohibited:
(1) unreasonably refusing or delaying interconnections
or collocation or providing inferior connections to another
telecommunications carrier;
(2) unreasonably impairing the speed, quality, or
efficiency of services used by another telecommunications
carrier;
(3) unreasonably denying a request of another provider
for information regarding the technical design and features,
geographic coverage, information necessary for the design of
equipment, and traffic capabilities of the local exchange
network except for proprietary information unless such
information is subject to a proprietary agreement or
protective order;
(4) unreasonably delaying access in connecting another
telecommunications carrier to the local exchange network
whose product or service requires novel or specialized access
requirements;
(5) unreasonably refusing or delaying access by any
person to another telecommunications carrier;
(6) unreasonably acting or failing to act in a manner
that has a substantial adverse effect on the ability of
another telecommunications carrier to provide service to its
customers;
(7) unreasonably failing to offer services to customers
in a local exchange, where a telecommunications carrier is
certificated to provide service and has entered into an
interconnection agreement for the provision of local exchange
telecommunications services, with the intent to delay or
impede the ability of the incumbent local exchange
telecommunications carrier to provide inter-LATA
telecommunications services; and
(8) violating the terms of or unreasonably delaying
implementation of an interconnection agreement entered into
pursuant to Section 252 of the federal Telecommunications Act
of 1996 in a manner that unreasonably delays, increases the
cost, or impedes the availability of telecommunications
services to consumers;.
(9) unreasonably refusing or delaying access to or
provision of operation support systems to another
telecommunications carrier or providing inferior operation
support systems to another telecommunications carrier;
(10) unreasonably failing to offer network elements that
the Commission or the Federal Communications Commission has
determined must be offered on an unbundled basis to another
telecommunications carrier in a manner consistent with the
Commission's or Federal Communications Commission's orders or
rules requiring such offerings;
(11) violating the obligations of Section 13-801; and
(12) violating an order of the Commission regarding
matters between telecommunications carriers.
(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 shall be used to
enforce the provisions of Section 13-514 of this Act except
as provided in subsection (b). However, the Commission, the
complainant, and the respondent may mutually agree to adjust
the procedures established 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.
(b) (Blank). The provisions of this Section shall not
apply to an allegation of a violation of item (8) of Section
13-514 by a Bell operating company, as defined in Section 3
of the federal Telecommunications Act of 1996, unless and
until such company or its affiliate is authorized to provide
inter-LATA services under Section 271(d) of the federal
Telecommunications 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. After the
filing of a complaint under this Section, the parties may
agree to follow the mediation process under Section 10-101.1
of this Act. The time periods specified in subdivision
(d)(7) of this Section shall be tolled during the time spent
in mediation under Section 10-101.1.
(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.
(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.
(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 $30,000 $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; 90-574, eff. 3-20-98.)
(220 ILCS 5/13-516)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-516. Enforcement remedies Penalties for violation
of a Commission order relating to prohibited actions by of
telecommunications carriers.
(a) In addition to any other provision of this Act, all
of the following remedies may be applied for violations of
Section 13-514:
(1) A Commission order directing the violating
telecommunications carrier to cease and desist from
violating the Act or a Commission order or rule.
(2) Notwithstanding any other provision of this
Act, for a second and any subsequent violation of Section
13-514 committed by a telecommunications carrier after
the effective date of this amendatory Act of the 92nd
General Assembly, the Commission may impose penalties of
up to $30,000 or 0.00825% of the telecommunications
carrier's gross intrastate annual telecommunications
revenue, whichever is greater, per violation unless the
telecommunications carrier has fewer than 35,000
subscriber access lines, in which case the civil penalty
may not exceed $2,000 per violation. The second and any
subsequent violation of Section 13-514 need not be of the
same nature or provision of the Section for a penalty to
be imposed of a final order or emergency relief order
issued pursuant to Section 13-515 of this Act. Matters
resolved through voluntary mediation pursuant to Section
10-101.1 shall not be considered as a violation of
Section 13-514 in computing eligibility for imposition of
a penalty under this subdivision (a)(2). Each day of a
continuing offense shall be treated as a separate
violation for purposes of levying any penalty under this
Section. The period for which the penalty fine shall be
levied shall commence on the day the telecommunications
carrier first violated Section 13-514 or on the day of
the notice provided to the telecommunications carrier
pursuant to subsection (c) of Section 13-515, whichever
is later, Commission order requires compliance with the
order and shall continue until the telecommunications
carrier party is in compliance with the Commission order.
In assessing a penalty under this subdivision (a)(2), the
Commission may consider mitigating factors, including
those specified in items (1) through (4) of subsection
(a) of Section 13-304.
(3) The Commission shall award damages, attorney's
fees, and costs to any telecommunications carrier that
was subjected to a violation of Section 13-514.
(b) The Commission may waive penalties imposed under
subdivision subsection (a)(2) if it makes a written finding
as to its reasons for waiving the penalty fine. Reasons for
waiving a penalty fine shall include, but not be limited to,
technological infeasibility and acts of God.
(c) The Commission shall establish by rule procedures
for the imposition of remedies penalties under subsection (a)
that, at a minimum, provide for notice, hearing and a written
order relating to the imposition of remedies penalties.
(d) Unless enforcement of an order entered by the
Commission under Section 13-515 otherwise directs or is
stayed by the Commission or by an appellate court reviewing
the Commission's order, at any time after 30 days from the
entry of the order, either the Commission, or the
telecommunications carrier found by the Commission to have
been subjected to a violation of Section 13-514, or both, is
authorized to petition a court of competent jurisdiction for
an order at law or in equity requiring enforcement of the
Commission order. The court shall determine (1) whether the
Commission entered the order identified in the petition and
(2) whether the violating telecommunications carrier has
complied with the Commission's order. A certified copy of a
Commission order shall be prima facie evidence that the
Commission entered the order so certified. Pending the
court's resolution of the petition, the court may award
temporary or preliminary injunctive relief, or such other
equitable relief as may be necessary, to effectively
implement and enforce the Commission's order in a timely
manner.
If after a hearing the court finds that the Commission
entered the order identified in the petition and that the
violating telecommunications carrier has not complied with
the Commission's order, the court shall enter judgment
requiring the violating telecommunications carrier to comply
with the Commission's order and order such relief at law or
in equity as the court deems necessary to effectively
implement and enforce the Commission's order in a timely
manner. The court shall also award to the petitioner, or
petitioners, attorney's fees and costs, which shall be taxed
and collected as part of the costs of the case.
If the court finds that the violating telecommunications
carrier has failed to comply with the timely payment of
damages, attorney's fees, or costs ordered by the Commission,
the court shall order the violating telecommunications
carrier to pay to the telecommunications carrier or carriers
awarded the damages, fees, or costs by the Commission
additional damages for the sake of example and by way of
punishment for the failure to timely comply with the order of
the Commission, unless the court finds a reasonable basis for
the violating telecommunications carrier's failure to make
timely payment according to the Commission's order, in which
instance the court shall establish a new date for payment to
be made. The Commission is authorized to apply to a court of
competent jurisdiction for an order requiring payment of
penalties imposed under subsection (a).
(e) Payment of damages, attorney's fees, and costs
penalties imposed under subsection (a) shall be made within
30 days after issuance of the Commission order imposing the
penalties, damages, attorney's fees, or costs, unless
otherwise directed by the Commission or a reviewing court
under an appeal taken pursuant to Article X. Payment of
penalties imposed under subsection (a) shall be made to the
Common School Fund within 30 days of issuance of the
Commission order imposing the penalties.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-517 new)
Sec. 13-517. Provision of advanced telecommunications
services.
(a) Every Incumbent Local Exchange Carrier
(telecommunications carrier that offers or provides a
noncompetitive telecommunications service) shall offer or
provide advanced telecommunications services to not less than
80% of its customers by January 1, 2005.
(b) The Commission is authorized to grant a full or
partial waiver of the requirements of this Section upon
verified petition of any Incumbent Local Exchange Carrier
("ILEC") which demonstrates that full compliance with the
requirements of this Section would be unduly economically
burdensome or technically infeasible or otherwise impractical
in exchanges with low population density. Notice of any such
petition must be given to all potentially affected customers.
If no potentially affected customer requests the opportunity
for a hearing on the waiver petition, the Commission may, in
its discretion, allow the waiver request to take affect
without hearing. The Commission shall grant such petition to
the extent that, and for such duration as, the Commission
determines that such waiver:
(1) is necessary:
(A) to avoid a significant adverse economic
impact on users of telecommunications services
generally;
(B) to avoid imposing a requirement that is
unduly economically burdensome;
(C) to avoid imposing a requirement that is
technically infeasible; or
(D) to avoid imposing a requirement that is
otherwise impractical to implement in exchanges with
low population density; and
(2) is consistent with the public interest,
convenience, and necessity.
The Commission shall act upon any petition filed under this
subsection within 180 days after receiving such petition.
The Commission may by rule establish standards for granting
any waiver of the requirements of this Section. The
Commission may, upon complaint or on its own motion, hold a
hearing to reconsider its grant of a waiver in whole or in
part. In the event that the Commission, following hearing,
determines that the affected ILEC no longer meets the
requirements of item (2) of this subsection, the Commission
shall by order rescind such waiver, in whole or in part. In
the event and to the degree the Commission rescinds such
waiver, the Commission shall establish an implementation
schedule for compliance with the requirements of this
Section.
(c) As used in this Section, "advanced
telecommunications services" means services capable of
supporting, in at least one direction, a speed in excess of
200 kilobits per second (kbps) to the network demarcation
point at the subscriber's premises.
(220 ILCS 5/13-518 new)
Sec. 13-518. Optional service packages.
(a) It is the intent of this Section to provide
unlimited local service packages at prices that will result
in savings for the average consumer. Each telecommunications
carrier that provides competitive and noncompetitive
services, and that is subject to an alternative regulation
plan pursuant to Section 13-506.1 of this Article, shall
provide, in addition to such other services as it offers, the
following optional packages of services for a fixed monthly
rate, which, along with the terms and conditions thereof, the
Commission shall review, pursuant to Article IX of this Act,
to determine whether such rates, terms, and conditions are
fair, just, and reasonable.
(1) A budget package, which shall consist of
residential access service and unlimited local calls.
(2) A flat rate package, which shall consist of
residential access service, unlimited local calls, and
the customer's choice of 2 vertical services as defined
in this Section.
(3) An enhanced flat rate package, which shall
consist of residential access service for 2 lines,
unlimited local calls, the customer's choice of 2
vertical services as defined in this Section, and
unlimited local toll service.
(b) Nothing in this Section or this Act shall be
construed to prohibit any telecommunications carrier subject
to this Section from charging customers who elect to take one
of the groups of services offered pursuant to this Section,
any applicable surcharges, fees, and taxes.
(c) The term "vertical services", when used in this
Section, includes, but is not necessarily limited to, call
waiting, call forwarding, 3-way calling, caller ID, call
tracing, automatic callback, repeat dialing, and voicemail.
(d) The service packages described in this Section shall
be defined as noncompetitive services.
(220 ILCS 5/13-712 new)
Sec. 13-712. Basic local exchange service quality;
customer credits.
(a) It is the intent of the General Assembly that every
telecommunications carrier meet minimum service quality
standards in providing basic local exchange service on a
non-discriminatory basis to all classes of customers.
(b) Definitions:
(1) "Alternative telephone service" means, except
where technically impracticable, a wireless telephone
capable of making local calls, and may also include, but
is not limited to, call forwarding, voice mail, or paging
services.
(2) "Basic local exchange service" means
residential and business lines used for local exchange
telecommunications service as defined in Section 13-204
of this Act, excluding:
(A) services that employ advanced
telecommunications capability as defined in Section
706(c)(1) of the federal Telecommunications Act of
1996;
(B) vertical services;
(C) company official lines; and
(D) records work only.
(3) "Link Up" refers to the Link Up Assistance
program defined and established at 47 C.F.R. Section
54.411 et seq. as amended.
(c) The Commission shall promulgate service quality
rules for basic local exchange service, which may include
fines, penalties, customer credits, and other enforcement
mechanisms. In developing such service quality rules, the
Commission shall consider, at a minimum, the carrier's gross
annual intrastate revenue; the frequency, duration, and
recurrence of the violation; and the relative harm caused to
the affected customer or other users of the network. In
imposing fines, the Commission shall take into account
compensation or credits paid by the telecommunications
carrier to its customers pursuant to this Section in
compensation for the violation found pursuant to this
Section. These rules shall become effective within one year
after the effective date of this amendatory Act of the 92nd
General Assembly.
(d) The rules shall, at a minimum, require each
telecommunications carrier to do all of the following:
(1) Install basic local exchange service within 5
business days after receipt of an order from the customer
unless the customer requests an installation date that is
beyond 5 business days after placing the order for basic
service and to inform the customer of its duty to install
service within this timeframe. If installation of
service is requested on or by a date more than 5 business
days in the future, the telecommunications carrier shall
install service by the date requested. A
telecommunications carrier offering basic local exchange
service utilizing the network or network elements of
another carrier shall install new lines for basic local
exchange service within 3 business days after
provisioning of the line or lines by the carrier whose
network or network elements are being utilized is
complete. This subdivision (d)(1) does not apply to the
migration of a customer between telecommunications
carriers, so long as the customer maintains dial tone.
(2) Restore basic local exchange service for a
customer within 24 hours of receiving notice that a
customer is out of service. This provision applies to
service disruptions that occur when a customer switches
existing basic local exchange service from one carrier to
another.
(3) Keep all repair and installation appointments
for basic local exchange service, when a customer
premises visit requires a customer to be present.
(4) Inform a customer when a repair or installation
appointment requires the customer to be present.
(e) The rules shall include provisions for customers to
be credited by the telecommunications carrier for violations
of basic local exchange service quality standards as
described in subsection (d). The credits shall be applied on
the statement issued to the customer for the next monthly
billing cycle following the violation or following the
discovery of the violation. The performance levels
established in subsection (c) are solely for the purposes of
consumer credits and shall not be used as performance levels
for the purposes of assessing penalties under Section 13-305.
At a minimum, the rules shall include the following:
(1) If a carrier fails to repair an out-of-service
condition for basic local exchange service within 24
hours, the carrier shall provide a credit to the
customer. If the service disruption is for 48 hours or
less, the credit must be equal to a pro-rata portion of
the monthly recurring charges for all local services
disrupted. If the service disruption is for more than 48
hours, but not more than 72 hours, the credit must be
equal to at least 33% of one month's recurring charges
for all local services disrupted. If the service
disruption is for more than 72 hours, but not more than
96 hours, the credit must be equal to at least 67% of one
month's recurring charges for all local services
disrupted. If the service disruption is for more than 96
hours, but not more than 120 hours, the credit must be
equal to one month's recurring charges for all local
services disrupted. For each day or portion thereof that
the service disruption continues beyond the initial
120-hour period, the carrier shall also provide either
alternative telephone service or an additional credit of
$20 per day, at the customers option.
(2) If a carrier fails to install basic local
exchange service as required under subdivision (d)(1),
the carrier shall waive 50% of any installation charges,
or in the absence of an installation charge or where
installation is pursuant to the Link Up program, the
carrier shall provide a credit of $25. If a carrier
fails to install service within 10 business days after
the service application is placed, or fails to install
service within 5 business days after the customer's
requested installation date, if the requested date was
more than 5 business days after the date of the order,
the carrier shall waive 100% of the installation charge,
or in the absence of an installation charge or where
installation is provided pursuant to the Link Up program,
the carrier shall provide a credit of $50. For each day
that the failure to install service continues beyond the
initial 10 business days, or beyond 5 business days after
the customer's requested installation date, if the
requested date was more than 5 business days after the
date of the order, the carrier shall also provide either
alternative telephone service or an additional credit of
$20 per day, at the customer's option until service is
installed.
(3) If a carrier fails to keep a scheduled repair
or installation appointment when a customer premises
visit requires a customer to be present, the carrier
shall credit the customer $50 per missed appointment. A
credit required by this subsection does not apply when
the carrier provides the customer with 24-hour notice of
its inability to keep the appointment.
(4) If the violation of a basic local exchange
service quality standard is caused by a carrier other
than the carrier providing retail service to the
customer, the carrier providing retail service to the
customer shall credit the customer as provided in this
Section. The carrier causing the violation shall
reimburse the carrier providing retail service the amount
credited the customer. When applicable, an
interconnection agreement shall govern compensation
between the carrier causing the violation, in whole or in
part, and the retail carrier providing the credit to the
customer.
(5) When alternative telephone service is
appropriate, the customer may select one of the
alternative telephone services offered by the carrier.
The alternative telephone service shall be provided at no
cost to the customer for the provision of local service.
(6) Credits required by this subsection do not
apply if the violation of a service quality standard:
(i) occurs as a result of a negligent or
willful act on the part of the customer;
(ii) occurs as a result of a malfunction of
customer-owned telephone equipment or inside wiring;
(iii) occurs as a result of, or is extended
by, an emergency situation as defined in Commission
rules;
(iv) is extended by the carrier's inability to
gain access to the customer's premises due to the
customer missing an appointment, provided that the
violation is not further extended by the carrier;
(v) occurs as a result of a customer request
to change the scheduled appointment, provided that
the violation is not further extended by the
carrier;
(vi) occurs as a result of a carrier's right
to refuse service to a customer as provided in
Commission rules; or
(vii) occurs as a result of a lack of
facilities where a customer requests service at a
geographically remote location, a customer requests
service in a geographic area where the carrier is
not currently offering service, or there are
insufficient facilities to meet the customer's
request for service, subject to a carrier's
obligation for reasonable facilities planning.
(7) The provisions of this subsection are
cumulative and shall not in any way diminish or replace
other civil or administrative remedies available to a
customer or a class of customers.
(f) The rules shall require each telecommunications
carrier to provide to the Commission, on a quarterly basis
and in a form suitable for posting on the Commission's
website, a public report that includes performance data for
basic local exchange service quality of service. The
performance data shall be disaggregated for each geographic
area and each customer class of the State for which the
telecommunications carrier internally monitored performance
data as of a date 120 days preceding the effective date of
this amendatory Act of the 92nd General Assembly. The report
shall include, at a minimum, performance data on basic local
exchange service installations, lines out of service for more
than 24 hours, carrier response to customer calls, trouble
reports, and missed repair and installation commitments.
(g) The Commission shall establish and implement carrier
to carrier wholesale service quality rules and establish
remedies to ensure enforcement of the rules.
(220 ILCS 5/13-713 new)
Sec. 13-713. Consumer complaint resolution process.
(a) It is the intent of the General Assembly that
consumer complaints against telecommunications carriers shall
be concluded as expeditiously as possible consistent with the
rights of the parties thereto to the due process of law and
protection of the public interest.
(b) The Commission shall promulgate rules that permit
parties to resolve disputes through mediation. A consumer
may request mediation upon completion of the Commission's
informal complaint process and prior to the initiation of a
formal complaint as described in Commission rules.
(c) A residential consumer or business consumer with
fewer than 20 lines shall have the right to request mediation
for resolution of a dispute with a telecommunications
carrier. The carrier shall be required to participate in
mediation at the consumer's request.
(d) The Commission may retain the services of an
independent neutral mediator or trained Commission staff to
facilitate resolution of the consumer dispute. The mediation
process must be completed no later than 45 days after the
consumer requests mediation.
(e) If the parties reach agreement, the agreement shall
be reduced to writing at the conclusion of the mediation.
The writing shall contain mutual conditions, payment
arrangements, or other terms that resolve the dispute in its
entirety. If the parties are unable to reach agreement or
after 45 days, whichever occurs first, the consumer may file
a formal complaint with the Commission as described in
Commission rules.
(f) If either the consumer or the carrier fails to abide
by the terms of the settlement agreement, either party may
exercise any rights it may have as specified in the terms of
the agreement or as provided in Commission rules.
(g) All notes, writings and settlement discussions
related to the mediation shall be exempt from discovery and
shall be inadmissible in any agency or court proceeding.
(220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
(Section scheduled to be repealed on July 1, 2001)
Sec. 13-801. Incumbent local exchange carrier
obligations.
(a) This Section provides additional State requirements
contemplated by, but not inconsistent with, Section 261(c) of
the federal Telecommunications Act of 1996, and not preempted
by orders of the Federal Communications Commission. A
telecommunications carrier not subject to regulation under an
alternative regulation plan pursuant to Section 13-506.1 of
this Act shall not be subject to the provisions of this
Section, to the extent that this Section imposes requirements
or obligations upon the telecommunications carrier that
exceed or are more stringent than those obligations imposed
by Section 251 of the federal Telecommunications Act of 1996
and regulations promulgated thereunder.
An incumbent local exchange carrier shall provide a
requesting telecommunications carrier with interconnection,
collocation, network elements, and access to operations
support systems on just, reasonable, and nondiscriminatory
rates, terms, and conditions to enable the provision of any
and all existing and new telecommunications services within
the LATA, including, but not limited to, local exchange and
exchange access. The Commission shall require the incumbent
local exchange carrier to provide interconnection,
collocation, and network elements in any manner technically
feasible to the fullest extent possible to implement the
maximum development of competitive telecommunications
services offerings. As used in this Section, to the extent
that interconnection, collocation, or network elements have
been deployed for or by the incumbent local exchange carrier
or one of its wireline local exchange affiliates in any
jurisdiction, it shall be presumed that such is technically
feasible in Illinois.
(b) Interconnection.
(1) An incumbent local exchange carrier shall
provide for the facilities and equipment of any
requesting telecommunications carrier's interconnection
with the incumbent local exchange carrier's network on
just, reasonable, and nondiscriminatory rates, terms, and
conditions:
(A) for the transmission and routing of local
exchange, and exchange access telecommunications
services;
(B) at any technically feasible point within
the incumbent local exchange carrier's network;
however, the incumbent local exchange carrier may
not require the requesting carrier to interconnect
at more than one technically fea