TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
PART 733 PROVISION OF ADVANCED TELECOMMUNICATIONS SERVICES
SECTION 733.100 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)]