TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 758
PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE
SECTION 758.10 DEFINITIONS
Section 758.10 Definitions
When used in this Part, the
listed terms will have the definitions given in this Section.
"Act"
means the Public Utilities Act [220 ILCS 5].
"Commission"
means the Illinois Commerce Commission.
"Customer"
means any person, building owner, firm, partnership, corporation, municipality,
cooperative, organization, governmental agency, etc., provided with local
exchange carrier telecommunications services as defined in Section 13-204 of
the Act [220 ILCS 5/13-204]. "Customer" may also be referred to as
"end-user".
"Department"
means the Department of Commerce and Community Affairs (DCCA).
"Program"
means the Program to foster the elimination of the digital divide established
pursuant to Section 13-301.2 of the Act [220 ILCS 5/13-301.2].
"Telecommunications
carrier" or "carrier" means a telecommunications carrier as that
term is defined in Section 13-202 of the Act [220 ILCS 5/13-202] that is providing
local exchange telecommunications service as defined in Section 13-204 of the
Act.
 | TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 758
PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE
SECTION 758.20 DISPUTE PROCEDURES
Section 758.20 Dispute
Procedures
Disputes arising under this Part
shall be governed by 83 Ill. Adm. Code 735.190 and 735.200.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 758
PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE
SECTION 758.30 SERVICE REQUIREMENT
Section 758.30 Service
Requirement
a) Each telecommunications carrier shall participate in the
notification, collection, and remittance of the monthly voluntary contributions
to support the Program.
b) By August 14, 2002, each telecommunications carrier shall file
with the Commission a tariff pursuant to Section 13-301.2 of the Act for the
provision of the Program.
c) All voluntary contributions received by a telecommunications
carrier under Section 758.50 shall be forwarded to the Department for deposit
into the Digital Divide Elimination Fund.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 758
PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE
SECTION 758.40 CONTRIBUTION SOLICITATION AND PROGRAM PUBLICITY
Section 758.40 Contribution
Solicitation and Program Publicity
All telecommunications carriers
shall publicize the Program to encourage contributions.
a) Annually, each telecommunications carrier shall notify its
customers that they may elect to participate in the funding of the Program by
electing to contribute, on a monthly basis, a fixed amount to be included in
the monthly bills until cancelled by the customers.
b) The customer notification specified in subsection (a) of this
Section shall be in the form of a paper or electronic insert or message in the
customers bill. The document, as proposed by the Department, shall specify
fixed monthly amounts from which customers wishing to contribute may choose. In
addition, the document shall contain a telephone number, postcard, mailing
address, or e-mail address, if available, that the customer may use to contact
the telecommunications carrier in order to initiate monthly contribution
billing.
c) On an ongoing basis, the Department shall advertise the
program.
d) Telecommunication carrier's directories may include an
explanation of the Program as proposed by the Department.
e) The telecommunications carrier shall inform customers verbally
or in written format that they may contribute to the Program with all orders
for new service installation.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 758
PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE
SECTION 758.50 CONTRIBUTIONS
Section 758.50 Contributions
a) Customers wishing to participate in the funding of the Program
may do so by electing to contribute, on a monthly basis, a fixed amount to be
included by the telecommunications carrier on the customer's monthly bill. This
contribution shall not reduce the customer's total amount due for
telecommunications services or other charges appearing on the bill.
b) This contribution will be a line item on the bill and
identified as the "Digital Divide Fund.
c) Customers may elect to contribute $.50, $1, $2, $5, $10, $15,
or $25 per month per line.
d) Contributions shall be collected on a recurring basis each
month from the customer's bill and remittance shall be reported and transferred
to the Department or its designee as required by Section 758.60.
e) Customers may elect to discontinue or change the amount of the
monthly contribution on their bill at any time upon providing at least 30 days
notice by telephone, mail, or e-mail, if available, to the telecommunications
carrier.
f) Contributions other than those provided for in subsection (c)
of this Section above shall be made directly to the Department or its designee.
g) By September 30, 2002, telecommunications carriers shall
provide customers the ability and the opportunity to make the elections
referred to in subsections (c) and (f) of this Section on the bill inserts
required by Section 758.40.
h) Failure by the customer in any month to remit the entire
billed amount may reduce the contribution accordingly.
i) There are no other funding requirements on any party or
individual for the Program beyond those in this Section.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 758
PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE
SECTION 758.60 TELECOMMUNICATIONS CARRIER REMITTANCE
Section 758.60
Telecommunications Carrier Remittance
a) Each telecommunications carrier shall report and remit all
donations received during the quarter within 30 days after the end of each
calendar quarter to the Department or its designee. All donations collected
through the end of the quarter shall be remitted to the Department or its
designee through a check or other means as agreed to by the Department or its
designee made out to the Department of Commerce and Community Affairs or its
designee, as directed by the Department. In the event that no donations are
collected during a quarter, a quarterly report shall be submitted to the
Department or its designee certifying that zero voluntary donations were
received.
b) The quarterly telecommunications carrier reports to the
Department shall include, at a minimum, the following information:
1) Name, address, telephone number, contact person and Federal
Employee Identification Number (FEIN) for the reporting telecommunications
carrier.
2) The quarter amount collected, remittance check number or
identification of another means of deposit, an assurance certifying that the
payment includes all voluntary contributions for the quarter and that the
information on the report is accurate and has been properly recorded, and a
signature from an authorized employee of the telecommunications carrier.
3) The total number of customers making a contribution.
| TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 758
PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE
SECTION 758.70 MONITORING OF TELECOMMUNICATIONS CARRIERS
Section 758.70 Monitoring of
Telecommunications Carriers
a) Telecommunications carriers shall exercise reasonable internal
control to ensure compliance with and monitoring of this Part.
b) The Commission may, upon complaint, its own motion, or a
petition from the Department or its designee, require Commission staff to
review, examine, and evaluate telecommunications carriers' books and records to
determine compliance with the requirements specified in Section 758.60 of this
Part.
c) At a minimum, telecommunications carriers shall maintain
records sufficient to substantiate the data contained in the quarterly reports
submitted to the Department or its designee pursuant to Section 758.60 of this
Part.
d) Each telecommunication carrier's internal auditors and/or
chief financial officer and/or responsible in-state officer shall annually
certify to the Commission that the amount of voluntary contributions reported
and remitted are correct.
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