AUTHORITY: Implementing Sections 13-501, 13-502, 13-503, 13-504 and 13-505 of, and authorized by Section 10-101 of, the Public Utilities Act [220 ILCS 5/13-501, 13-502, 13-503, 13-504, 13-505 and 10-101].

SOURCE: Emergency rules adopted at 10 Ill. Reg. 765, effective January 1, 1986, for a maximum of 150 days; adopted at 10 Ill. Reg. 10515, effective May 30, 1986; amended at 11 Ill. Reg. 8988, effective May 1, 1987; amended at 17 Ill. Reg. 10258, effective July 1, 1993; amended at 23 Ill. Reg. 1597, effective February 1, 1999; amended at 36 Ill. Reg. 15048, effective October 1, 2012; amended at 38 Ill. Reg. 22045, effective November 17, 2014.

SUBPART A: GENERAL PROVISIONS

 

Section 745.10  Applicability

 

This Part applies to all telecommunications carriers subject to regulation by the Illinois Commerce Commission  (Commission) under the provisions of Article XIII of the Public Utilities Act [220 ILCS 5/Art. XIII].

 

(Source:  Amended at 23 Ill. Reg. 1597, effective February 1, 1999)

 

Section 745.15  Definitions

 

            "Act" means the Public Utilities Act [220 ILCS 5].

 

            "Competitive telecommunications service" means the same as the definition in Section 13-209 of the Act.

 

"Electing Provider" means an Electing Provider as defined in Section 13-506.2(a)(1) of the Act.

 

"Prepaid calling service" means the same as defined in Section 13-230 of the Act.

 

(Source:  Amended at 36 Ill. Reg. 15048, effective October 1, 2012)

 

Section 745.20  General Filing Requirements

 

a)         No telecommunications carrier shall offer or provide noncompetitive telecommunications service, telecommunications service subject to Section 13-506.2(g), 13-900.1 or 13-900.2 of the Act, or telecommunications service referred to in an interconnection agreement as a tariffed service, unless and until a tariff is filed with the Commission which complies with this Part and 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.  (Section 13-501(a) of the Act)

 

b)         A telecommunications carrier shall offer or provide telecommunications service that is not subject to Section 13-501(a) of the Act and subsection (a) of this Section pursuant to either a tariff filed with the Commission or a written service offering that shall be available on the telecommunications carrier's website as required by Section 13-503 of the Act and that describes the nature of the service, applicable rates and other charges, terms and conditions of service. (Section 13-501(c) of the Act)

 

c)         As required by Section 13-503 of the Act, with respect to rates or other charges made, demanded or received for any telecommunications service offered, provided or to be provided that is subject to Section 13-501(a) of the Act and subsection (a) of this Section, telecommunications carriers shall comply with the publication and filing provisions of Sections 9-101, 9-102, 9-102.1 and 9-201 of the Act.

 

d)         As required by Section 13-503 of the Act, except for the provision of services offered or provided by payphone providers pursuant to a tariff, telecommunications carriers shall make all tariffs and all written service offerings for competitive telecommunications service available electronically to the public without requiring a password or other means of registration. 

 

(Source:  Amended at 38 Ill. Reg. 22045, effective November 17, 2014)

 

Section 745.30  Classification of Tariffs

 

a)         Any tariff filed with the Commission shall clearly indicate whether the service to be offered or provided is competitive or noncompetitive. Tariffs for noncompetitive services shall comply with Subpart B of this Part, and tariffs for competitive services shall comply with Subpart C of this Part.

 

b)         All tariffs shall state whether the service to be provided is an interexchange telecommunications service, a local exchange telecommunications service, a prepaid calling service, a customer owned pay telephone service, or some combination of these services.

 

(Source:  Amended at 36 Ill. Reg. 15048, effective October 1, 2012)

 

Section 745.40  Temporary Corrections

 

a)         If, upon the presentation of tariffs for filing, an error is discovered either by the filing telecommunications carrier or the Staff of the Commission, the filing carrier may either temporarily correct or authorize Commission Staff to correct the following types of errors:

 

1)         company name;

 

2)         incorrect sheet revision numbers;

 

3)         incorrect issue and/or effective dates; or

 

4)         coding errors.

 

b)         These temporary corrections shall necessitate the filing carrier to submit corrected pages either by hand or by overnight mail delivery.

 

c)         A maximum of six unique errors per tariff filing may be corrected.  Any filing containing an excess of six unique errors shall be rejected.

 

(Source:  Amended at 36 Ill. Reg. 15048, effective October 1, 2012)

SUBPART B: NONCOMPETITIVE TARIFFS

 

Section 745.100  Filing Requirements for Noncompetitive Tariffs

 

a)         In addition to the requirements imposed by Subpart A and Section 745.230, telecommunications carriers shall, with respect to tariffs for noncompetitive services, comply with the requirements imposed by Article XIII of the Public Utilities Act and by 83 Ill. Adm. Code 255.30 and 285.

 

b)         With respect to tariffs for noncompetitive service, a telecommunications carrier shall provide notice of the filing of a general rate increase, as defined in 83 Ill. Adm. Code 255.10, by:

 

1)         providing notice in accordance with 83 Ill. Adm. Code 255.20(f); or

 

2)         providing notice, no later than 10 days following the filing, to potentially affected customers by letters, post cards, bill messages or electronic mail.

 

c)         With respect to tariffs for noncompetitive service, a telecommunications carrier shall provide notice of the filing of a change other than a general rate increase, as defined in 83 Ill. Adm. Code 255.10, by:

 

1)         providing notice in accordance with 83 Ill. Adm. Code 255.20(b);

 

2)         providing notice to potentially affected customers by letters, post cards, bill messages, or electronic mail; or

 

3)         posting notice of the change in a conspicuous location on the page of the carrier's website where the tariff is located.

 

(Source:  Amended at 38 Ill. Reg. 22045, effective November 17, 2014)

 

Section 745.110  Simplified Noncompetitive Tariff Filings Under Section 13-504

 

a)         The simplified ratemaking provisions of Section 13-504 of the Act shall only apply to any proposed change in rates or charges, or proposed change in any classification of tariff resulting in a change in rates or charges. All other proposed changes shall be filed in accordance with the requirements of Article IX of the Act.

 

b)         Local exchange telecommunications carriers that file proposed tariffs pursuant to the simplified procedure set forth in Section 13-504 of the Act shall give 30 days notice to the Commission and all potentially affected customers (Section 13-504 of the Act).

 

c)         Form of Notice

 

1)         The local exchange telecommunications carrier shall provide notice to all existing customers whose currently billed rates or charges will be different as a result of the proposed tariff by mailing this notice, postage prepaid, three days prior to the date that the proposed tariff is filed with the Commission.  Such notice shall be substantially in the form of Exhibit B of this Part and shall contain all of the information provided for in that Exhibit.

 

2)         Notice to all other customers of the local exchange telecommunications carrier shall be by notice published in a secular newspaper of general circulation (that has been regularly published for at least 6 months prior to the publication of such notice) in the area served by the carrier. Notice shall be published no later than the day on which the proposed tariff is filed with the Commission. Such notice shall be substantially in the form of Exhibit B and shall contain all of the information provided for in that Exhibit.

 

(Source:  Amended at 17 Ill. Reg. 10258, effective July 1, 1993)

SUBPART C: COMPETITIVE TARIFFS

 

Section 745.200  Filing Requirements for Competitive Tariffs

 

a)         Telecommunications carriers shall, with respect to tariffs filed pursuant to Sections of the Act under which competitive telecommunications services are to be offered or provided, comply with the requirements imposed on public utilities by 83 Ill. Adm. Code 255.30 (except subsections (i) and (j)).

 

b)         All tariffs classifying a service as competitive shall clearly state that they are being filed pursuant to Section 13-502(b) or 13-506.2 of the Act.

 

c)         All such tariffs classifying a service as competitive, with the exception of competitive retail telecommunications services provided under Section 13-506.2 of the Act, shall be accompanied by a verified statement (see 83 Ill. Adm. Code 200.130) that:

 

1)         specifically alleges that, for some identifiable class or group of customers in an exchange, group of exchanges, or some other clearly defined geographical area, that service, or its functional equivalent, or a substitute service, is reasonably available from more than one provider, whether or not the provider is a telecommunications carrier subject to regulation under the Act;

 

2)         specifically identifies, through the use of descriptions, maps or equivalent means, the identifiable class or group of customers in an exchange, group of exchanges or other clearly defined geographical area for which the classification is made;

 

3)         specifically describes the service, its functional equivalent, or the substitute service for which classification is being made; and

 

4)         specifies:

 

A)        one or more entities that provide the same service, its functional equivalent, or a substitute service; and

 

B)        the identifiable class or group of customers in an exchange, group of exchanges or other clearly defined geographical area to whom the service is offered by that entity or entities.

 

d)         Tariffs filed pursuant to Section 13-502(b) or 13-506.2 of the Act take effect immediately upon filing.

 

(Source:  Amended at 38 Ill. Reg. 22045, effective November 17, 2014)

 

Section 745.210  Additional Provisions Concerning Tariffs Filed Under Section 13-502(e)  (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 1597, effective February 1, 1999)

 

Section 745.220  Post-filing Proceedings Under Section 13-502(e) (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 1597, effective February 1, 1999)

 

Section 745.221  Rate Changes for Competitive Services

 

a)         Requirements for proposed changes in rates for competitive services are found in Section 13-505 of the Act.

 

b)         Notice of an increase shall be given, no later than the prior billing cycle, to all potentially affected customers by mail or equivalent means of notice, including electronic if the customer has elected electronic billing. Additional notice by publication in a newspaper of general circulation may also be given. (Section 13‑505 of the Act)

 

(Source:  Amended at 38 Ill. Reg. 22045, effective November 17, 2014)

 

Section 745.225  Interim Orders  (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 1597, effective February 1, 1999)

 

Section 745.230  Information Available to the Public

 

As required by Section 13-503 of the Act, each telecommunications carrier that maintains a website shall provide, in conspicuous manner, information on the rates, charges, terms, and conditions of service available and a toll-free telephone number that may be used to contact an agent for assistance with obtaining rate or other charge information or the terms and conditions of service. (Section 13-503)

 

(Source:  Added at 36 Ill. Reg. 15048, effective October 1, 2012)

SUBPART D: RECLASSIFICATION OF SERVICES

 

Section 745.300  Reclassification

 

a)         If the Commission enters into a hearing upon complaint pursuant to Section 13-502(b) of the Act regarding the propriety of any classification, the complaint is deemed granted if the Commission fails to issue an order within 180 days from the date such hearing is initiated.  For purposes of complaints filed under Section 13-502(b), failure of the Commission to issue an order within 180 days shall result in the reclassification of the service that is the subject of the complaint.

 

b)         Pursuant to Section 13-502(b) of the Act, the Commission, the applicant, and all parties to the hearing may agree to extend such 180 day time period.

 

(Source:  Added at 17 Ill. Reg. 10258, effective July 1, 1993)

 

Section 745.EXHIBIT A  Notice of Competitive Tariff Filing Under Section 13-502(e)  (Repealed)

 

(Source:  Repealed at 23 Ill. Reg. 1597, effective February 1, 1999)




Section 745.EXHIBIT B   Notice of Simplified Noncompetitive Tariff Filing under Section 13-504

 

				(Date)
To the customers of							:
		(Company)
The	(Company)		hereby gives notice that on		(Date)	it will file a

proposed tariff that makes a change in its rates, charges, or classifications resulting in a change in rates or charges for local exchange telecommunications service pursuant to Section 13-504 of the Public Utilities Act.

 

(1)       (State whether the change is in rates, charges, classification, rule or regulation.)

 

(2)       (Give present and proposed rates so consumer can determine the effect on his or her bill.)

 

(3)       (Give area or exchange that is affected by tariff filing.)

 

This proposed tariff will become effective 30 days after it is filed with the Illinois Commerce Commission.   The Commission must investigate whether the proposed change is just and reasonable if a telecommunications carrier that is a customer of the local exchange telecommunications carrier or 10 percent of the potentially affected subscribers of the company file a petition or complaint with the Chief Clerk of the Commission requesting an investigation.

 

 

Additional information concerning this filing may be obtained from
	(Company)		,	(Address)
at		(Telephone No.)		, or from the Chief Clerk, Illinois Commerce

Commission, 527 East Capitol Avenue,  Springfield, Illinois, 62701, (217)782-7434.

 

 

 

	(Signature)
	(Title)

 

(Source:  Amended at 36 Ill. Reg. 15048, effective October 1, 2012)