Section 733.10  Applicability

This Part applies to Incumbent Local Exchange Carriers (ILECs) subject to the requirements of Section 13-517 of the Public Utilities Act [220 ILCS 5/13-517].  Pursuant to Section 13-506.2(k) of the Act, Section 13-517 of the Public Utilities Act does not apply to electing providers, as that term is defined in Section 13-506.2(a)(1) of the Act.

(Source:  Amended at 36 Ill. Reg. 3891, effective March 1, 2012)

Section 733.20 Definitions

Terms used in this Part have the following meanings:

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

“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 5/13-517(c)]

"Commission" means the Illinois Commerce Commission.

“Customer” means a customer of an incumbent local exchange carrier (ILEC) that is an end user (as defined in Section 13-217 of the Act [220 ILCS 5/13-217]) provided with a telecommunications service by either the ILEC or by another local exchange carrier through network facilities of the ILEC, provided that the network facilities of the ILEC utilized by the other local exchange carrier are capable of delivering advanced telecommunications services. An end user provided telecommunications service at multiple locations is considered a customer at each location.

“Incumbent local exchange carrier” or "ILEC" means the same as the term is defined in Section 13-202.5 of the Act [220 ILCS 5/13-202.5].

Section 733.30  Provision of Advanced Telecommunications Services

Every ILEC shall offer or provide advanced telecommunications services to not less than 80% of its customers by January 1, 2005. [220 ILCS 5/13-517(a)]

Section 733.40 Monitoring

a)         Every ILEC shall report to the Commission information concerning its deployment of advanced telecommunications services. The required information shall be provided annually by March 1. The information provided shall include:

1)         The total number of customers of the ILEC;

2)         The total number of ILEC customers offered advanced telecommunications services;

3)         The total number of ILEC customers actually provided advanced telecommunications services;

4)         A description of all technologies used to offer or provide advanced telecommunications services;

5)         The number of ILEC customers offered advanced telecommunications services identified by each technology, where more than one technology is employed; and

6)         The number of ILEC customers actually provided advanced telecommunications services identified by each technology, where more than one technology is employed.

b)         The requirements of subsection (a) shall not apply to an ILEC that has been granted a full waiver of the obligations of Section 13-517(a) of the Act for the duration of the waiver.

Section 733.100  Waiver

a)         The Commission is authorized to grant a full or partial waiver of the require­ments of Section 13-517(a) of the Act upon verified petition of any ILEC that demonstrates that full compliance with the requirements of Section 13-517(a) of the Act 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 effect without hearing.

b)         The Commission shall grant such petition for waiver 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. [220 ILCS 5/13-517(b)]

Section 733.105  Application of Waiver Standards

a)         In determining whether the requested waiver is necessary to avoid a significant adverse economic impact on users of telecommunications services generally, the factors which may be considered by the Commission include, but are not limited to, the following:

1)         the impact on the quality of telecommunications services provided by the ILEC to users of telecommunications services;

2)         the impact on the rates of telecommunications services provided by the ILEC to users of telecommunications services;

3)         the impact on the availability of existing and new telecommunications services provided by the ILEC to users of telecommunications services;

b)        In determining whether the requested waiver is necessary to avoid imposing a requirement that is unduly economically burdensome, the factors which may be considered by the Commission include, but are not limited to, the following:

1)         the ability of the ILEC to attract capital on its Illinois jurisdictional investment or to raise capital on reasonable terms;

2)         the impact on the ILEC's ability to compete in Illinois telecommunications markets;

3)         the impact on the ILEC's ability to innovate.

c)         In determining whether the requested waiver is necessary to avoid imposing a requirement that is technically infeasible, the factors which may be considered by the Commission include, but are not limited to, the following:

1)         limits of available technology;

2)         impacts on network reliability;

3)         public health and safety;

4)         the impact on the ILEC's telecommunications network design, interoperability, and architecture;

5)         equipment safety.

d)        For purposes of subsection (c), a determination of technical infeasibility does not include consideration of economic, accounting, billing, space, or site concerns, except that space and site concerns may be considered in circumstances where there is no possibility of expanding the space available.

e)         In determining whether the requested waiver is necessary to avoid imposing a requirement that is otherwise impractical to implement in exchange with low population density, the factors which may be considered by the Commission include, but are not limited to, the following:

1)         the estimated demand for advanced services in each exchange;

2)         the exchange population density measured by customers per square mile, access lines per square mile, or other relevant measures;

3)         the distribution of customers or access lines within the exchange;

4)         the availability of advanced telecommunications services from other providers.

Section 733.110  Notice of Application for Waiver

An ILEC seeking a full or partial waiver of the requirements of Section 13-517(a) of the Act shall notify all potentially affected customers in its service area. Notification shall be made via a direct mailing to all potentially affected customers of the ILEC prior to the filing of a petition. The direct mail notice shall state the reasons for the waiver request, state the anticipated effect of the waiver request on those customers, and inform those customers of the opportunity to request a hearing on the waiver request at the Commission.

Section 733.120  Deadline for Application for Waiver

An ILEC seeking a waiver of the requirements of Section 13-517(a) of the Act by January 1, 2005 shall file an application for waiver no later than July 1, 2004.

Section 733.130  Application for Waiver

a)         An ILEC may petition under Section 13-517(b) of the Act [220 ILCS 5/13-517(b) for a full or partial waiver of the requirements of Section 13-517(a) of the Act.

b)         A verified petition for a waiver submitted pursuant to Section 13-517(b) of the Act shall include, at a minimum, the following information:

1)         A description of the ILEC’s service territory for which waiver is sought, identification of each exchange for which waiver is sought, and the number of potentially affected customers;

2)         The identification of the specific conditions or provisions of Section 13-517(b) under which waiver is sought;

3)         All information required by Section 733.40, utilizing the most recent information available as of the date the petition is filed; and

4)         A copy of notices required by Section 733.110.

c)         Applicants requesting a full waiver of the requirements of Section 13-517(a) pursuant to the terms of Section 13-517(b)(1)(A), 13-517(b)(1)(B), or 13-517(b)(1)(D) of the Act [220 ILCS 5/13-517(b)(1)(A), (B), and (D)] shall provide, in addition to the information required under subsection (b), the following information:

1)         Projected costs of providing the advanced telecommunications services required by Section 13-517(a) of the Act in its entire serving territory;

2)         Projected revenues associated with provision of the advanced telecommunications services required by Section 13-517(a) of the Act in its entire serving territory;

3)         Pro-forma financial statements both with and without the effects of providing the advanced telecommunications services required by Section 13-517(a) of the Act; and

4)         The principal assumptions used in preparing the information required by subsections (c)(1)-(3).

d)         Applicants requesting a partial waiver of the requirements of Section 13-517(a) pursuant to the terms of Section 13-517(b)(1)(A), 13-517(b)(1)(B), or 13-517(b)(1)(D) of the Act shall provide, in addition to the information required under subsection (b), the following information:

1)         Projected costs of providing the advanced telecommunications services required by Section 13-517(a) of the Act for those exchanges, territories, or customers for which a waiver is requested;

2)         Projected revenues associated with provision of the advanced telecommunications services required by Section 13-517(a) of the Act for those exchanges, territories, or customers for which a waiver is requested;

3)         Pro-forma financial statements both with the effects of full compliance with Section 13-517(a) of the Act and with the effects of the requested partial waiver of the requirements of Section 13-517(a) of the Act; and

4)         The principal assumptions used in preparing the information required by subsections (d)(1)-(3).

e)         Applicants requesting a full or partial waiver of requirements of Section 13-517(a) of the Act pursuant to the terms of Section 13-517(b)(1)(C) of the Act [220 ILCS 5/13-517(b)(1)(C)] shall provide, in addition to the information required by subsection (b), a description of any technical factors that prevent advanced ser­vices from being deployed. This description shall include, but not be limited to, a description and technical analysis of outside plant facilities and central office equipment.

Section 733.140  Prepared Direct Testimony

At the time it files its verified petition for waiver, each ILEC shall file the prepared direct tes­timony of all witnesses and all exhibits the ILEC intends to rely upon to support its waiver request. For each exchange for which a waiver is sought, the ILEC’s prepared direct testimony shall include, at a minimum, the following information:

a)         A presentation of all reasons and arguments supporting its waiver request; and

b)         A description of all reports, studies, forecasts, projections, and other documentary material that the ILEC relies upon to support its waiver request.

Section 733.150  Commission Action Upon Petition

The Commission shall act upon any petition filed under Section 13-517(b) of the Act within 180 days after receiving the petition. [220 ILCS 5/13-517(b)]

Section 733.160  Reconsideration of Waiver

a)         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 Section 13-517(b)(2) of the Act, the Commission shall by order rescind such waiver, in whole or in part.

b)         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 Section 13-517 of the Act. [220 ILCS 5/13-517]