Office of the Governor
207 State House
Springfield, Illinois 62706
Bruce Rauner
Governor
July 1, 2017
To the Honorable Members of
The Illinois House of Representatives,
100th General Assembly:
Today I return House Bill 1811, an amendment to Department of State Police Law of the Civil Administrative Code, Emergency Telephone System Act and the Public Utilities Act, with specific recommendations to ensure that critical 9-1-1 services continue without a massive tax hike on Illinois families and businesses.
9-1-1 dispatch centers are the backbone of our public safety system. Our dispatchers are dedicated public servants who are available 24 hours a day, seven days a week to help our citizens in times of crisis. Essential 9-1-1 services are set to expire on July 1, 2017 under the current provisions of the Emergency Telephone System Act and Article XIII (Telecommunications) and Article XXI (Cable and Video) of the Public Utilities Act. This sunset process on important services has been used extensively by politicians in Illinois as a way to exert periodic pressure to extract benefits for political insiders. The majority in the General Assembly waited until the last moment to send this 9-1-1 service reauthorization bill to my desk. Unfortunately, those lawmakers also inserted a major tax hike into this bill, a tax that’s both excessive and unwarranted, and that I strongly oppose. The tax hike is large for the people of Illinois, but it’s particularly massive for the people of Chicago. Chicago 9-1-1 fees are already the highest in America. This extreme increase is unfair and indefensible. But the majority in the General Assembly is using the threat of cancellation of 9-1-1 services on Saturday as leverage to force this tax hike through over my opposition.
This mean-spirited strategy has been employed by the majority repeatedly over the years, most prominently in the current budget impasse: holding innocent people, our most vulnerable residents and essential services hostage as leverage to force excessive, unwarranted tax hikes onto the people of Illinois. This practice must stop.
Therefore, pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 1811, entitled “AN ACT concerning regulation”, with the following specific recommendations for change:
On Page 1, by deleting lines 4 through 23 ; and
By deleting pages 2 through 8; and
On page 9, by deleting lines 1 through 5; and
On page 9, by replacing lines 6 through 9 with the following:
“Section 5. The Emergency Telephone System Act is reenacted as follows and is amended by repealing Section 99.”; and
By replacing page 9 line 10 through page 95 line 17 with the following:
“(50 ILCS 750/0.01)
(from Ch. 134, par. 30.01) |
(50
ILCS 750/1) (from Ch. 134, par. 31) |
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(50 ILCS
750/2) (from Ch. 134, par. 32) |
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(2) allows telephone subscribers to provide |
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(3) collects a variety of formatted data relevant to |
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(4) allows for information to be entered by telephone |
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(5) automatically displays data provided by telephone |
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(6) supports the delivery of telephone subscriber |
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(7) works across all 9-1-1 call taking equipment and |
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(8) may be used to collect information pursuant to an |
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"Interconnected
voice over Internet protocol provider" or "Interconnected VoIP
provider" has the meaning given to that term under Section 13-235 of the
Public Utilities Act. |
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(50 ILCS 750/3)
(from Ch. 134, par. 33) |
(50
ILCS 750/4) (from Ch. 134, par. 34) |
(50
ILCS 750/5) (from Ch. 134, par. 35) |
(50
ILCS 750/6) (from Ch. 134, par. 36) |
(50
ILCS 750/6.1) (from Ch. 134, par. 36.1) |
(50
ILCS 750/7) (from Ch. 134, par. 37) |
(50
ILCS 750/8) (from Ch. 134, par. 38) |
(50 ILCS 750/10)
(from Ch. 134, par. 40) |
(50
ILCS 750/10.1) (from Ch. 134, par. 40.1) |
(50
ILCS 750/10.2) (from Ch. 134, par. 40.2) |
(50
ILCS 750/10.3) |
(50
ILCS 750/11) (from Ch. 134, par. 41) |
(50
ILCS 750/12) (from Ch. 134, par. 42) |
(50 ILCS 750/14)
(from Ch. 134, par. 44) |
(50
ILCS 750/15) (from Ch. 134, par. 45) |
(50
ILCS 750/15.1) (from Ch. 134, par. 45.1) |
(50
ILCS 750/15.2) (from Ch. 134, par. 45.2) |
(50
ILCS 750/15.2a) (from Ch. 134, par. 45.2a) |
(50
ILCS 750/15.2b) |
(50
ILCS 750/15.2c) |
(50
ILCS 750/15.3) (from Ch. 134, par. 45.3) |
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(ii) in a municipality with a population, prior to |
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(iii) in a municipality with a population, as of |
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(iv) for an advanced service provisioned trunk line |
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(50
ILCS 750/15.3a) |
(50
ILCS 750/15.4) (from Ch. 134, par. 45.4) |
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(3) Receiving moneys from the surcharge imposed |
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(4)
Authorizing all disbursements from the fund. |
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(6)
(Blank). |
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(50 ILCS 750/15.4a) |
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(2) In any county with a population of at least |
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(3) In any county with a population of at least |
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(4) In any county with a population of less than |
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(5) In any county with a population of less than |
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(6) Any 9-1-1 Authority that does not have a PSAP |
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(7) The corporate authorities of each county that has |
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(b)
By July 1, 2016, each county required to consolidate pursuant to paragraph
(7) of subsection (a) of this Section and each 9-1-1 Authority required to
consolidate pursuant to paragraphs (1) through (6) of subsection (a) of this
Section shall file a plan for consolidation or a request for a waiver
pursuant to subsection (c) of this Section with the Division of 9-1-1. Within
60 calendar days of receiving a consolidation plan, the Statewide 9-1-1
Advisory Board shall hold at least one public hearing on the plan and provide
a recommendation to the Administrator. Notice of the hearing shall be
provided to the respective entity to which the plan applies. Within 90
calendar days of receiving a consolidation plan, the Administrator shall
approve the plan, approve the plan as modified, or grant a waiver pursuant to
subsection (c) of this Section. In making his or her decision, the
Administrator shall consider any recommendation from the Statewide 9-1-1
Advisory Board regarding the plan. If the Administrator does not follow the
recommendation of the Board, the Administrator shall provide a written
explanation for the deviation in his or her decision. The deadlines provided
in this subsection may be extended upon agreement between the Administrator
and entity which submitted the plan. |
(50
ILCS 750/15.4b) |
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(2) reducing the infrastructure required to |
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(3) promoting cost savings from resource sharing |
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(4) facilitating interoperability and resiliency |
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(5) reducing the number of 9-1-1 systems or |
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(6) cost saving resulting from 9-1-1 system |
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(7) expanding E9-1-1 service coverage as a result |
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Priority
shall be given first to counties not providing 9-1-1 service as of January 1,
2016, and next to other entities consolidating as required under Section
15.4a of this Act. |
(50
ILCS 750/15.5) |
(50
ILCS 750/15.6) |
(50
ILCS 750/15.6a) |
(50
ILCS 750/15.6b) |
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(4)
a hosted solution with redundancy built in; and |
(50
ILCS 750/15.7) |
(50
ILCS 750/15.8) |
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(2) correctional institutions and facilities as |
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(c)
An entity that violates this Section is guilty of a business offense and
shall be fined not less than $1,000 and not more than $5,000. |
(50
ILCS 750/16) (from Ch. 134, par. 46) |
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(50 ILCS 750/19) |
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(2) The Executive Director of the Commission, or his |
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(3)
Nine members appointed by the Governor as follows: |
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(B) one member representing the Illinois chapter |
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(C) one member representing a county 9-1-1 system |
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(D) one member representing a county 9-1-1 system |
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(E) one member representing a county 9-1-1 system |
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(F) one member representing a municipality with a |
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(G) one member representing the Illinois |
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(H) one member representing the Illinois |
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(I) one member representing the Illinois Fire |
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The
Governor shall appoint the following non-voting members: (i) one member
representing an incumbent local exchange 9-1-1 system provider; (ii) one
member representing a non-incumbent local exchange 9-1-1 system provider;
(iii) one member representing a large wireless carrier; (iv) one member
representing a small wireless carrier; and (v) one member representing the
Illinois Telecommunications Association. |
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(2) make recommendations to the Governor and the |
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(3) exercise all other powers and duties provided in |
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(e)
The Statewide 9-1-1 Advisory Board shall submit to the General Assembly a
report by March 1 of each year providing an update on the transition to a
statewide 9-1-1 system and recommending any legislative action. |
(50
ILCS 750/20) |
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(2) Each wireless carrier shall impose and collect a |
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(b)
State and local taxes shall not apply to the surcharges imposed under this
Section. |
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(2) an amount equal to the product of 1% and the sum |
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A
penalty imposed in accordance with this subsection (f) for a portion of a
month during which the carrier pays the delinquent amount in full shall be
prorated for each day of that month that the delinquent amount was paid in
full. Any penalty imposed under this subsection (f) is in addition to the
amount of the delinquency and is in addition to any other penalty imposed
under this Section. |
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(2) an amount equal to the product of $0.01 and the |
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A
penalty imposed in accordance with this subsection (g) for a portion of a
month during which the carrier provides the number of subscribers by zip code
as required under subsection (e) of this Section shall be prorated for each
day of that month during which the carrier had not provided the number of
subscribers by zip code as required under subsection (e) of this Section. Any
penalty imposed under this subsection (g) is in addition to any other penalty
imposed under this Section. |
(50
ILCS 750/30) |
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(2) 9-1-1 surcharges assessed under Section 20 of |
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(3) Prepaid wireless 9-1-1 surcharges assessed under |
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(4) Any appropriations, grants, or gifts made to the |
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(5) Any income from interest, premiums, gains, or |
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(6) Money from any other source that is deposited in |
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(b)
Subject to appropriation, the Department shall distribute the 9-1-1
surcharges monthly as follows: |
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(A) $0.013 shall be distributed monthly in equal |
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(B) $0.033 shall be transferred by the |
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(C) $0.007 shall be used to cover the |
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(2) After disbursements under paragraph (1) of this |
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(A)
The Fund will pay monthly to: |
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(ii) county qualified governmental entities |
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(iii) counties without 9-1-1 service that had |
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(B) All 9-1-1 network costs for systems outside |
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(C) All expenses incurred by the Administrator |
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(D) Funds may be held in reserve by the Statewide |
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(E) All remaining funds per remit month shall be |
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(c)
The moneys deposited into the Statewide 9-1-1 Fund under this Section shall
not be subject to administrative charges or chargebacks unless otherwise
authorized by this Act. |
(50
ILCS 750/35) |
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(3) The repayment of any moneys advanced for the |
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(4) The charges for Automatic Number Identification |
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(5) The non-recurring charges related to installation |
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(6) The acquisition and installation, or the |
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(7) Other products and services necessary for the |
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(8) The defraying of expenses incurred to implement |
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(9) The implementation of a computer aided dispatch |
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(10) The design, implementation, operation, |
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Moneys
in the Statewide 9-1-1 Fund may also be transferred to a participating fire
protection district to reimburse volunteer firefighters who man remote
telephone switching facilities when dedicated 9-1-1 lines are down. |
(50
ILCS 750/40) |
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(2) operating expenses, capital expenditures, and |
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(3) such other financial information that is relevant |
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The
emergency telephone system board, qualified governmental entity, or unit of
local government is responsible for any costs associated with auditing such
financial statements. The Department shall post the audited financial statements
on the Department's website. |
(50
ILCS 750/45) |
(50
ILCS 750/50) |
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(2) Whether administrative costs charged to the funds |
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(3) Whether the procedures for making disbursements |
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(4) The status of the implementation of statewide |
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The
Illinois Commerce Commission, the Department of State Police, and any other
entity or person that may have information relevant to the audit shall
cooperate fully and promptly with the Office of the Auditor General in
conducting the audit. The Auditor General shall commence the audit as soon as
possible and distribute the report upon completion in accordance with Section
3-14 of the Illinois State Auditing Act. |
(50
ILCS 750/55) |
(50
ILCS 750/60) |
(50
ILCS 750/75) |
On page 95, by replacing lines 20 through 24 with the following:
“(a) The General Assembly finds and declares that this
amendatory Act of the 100th General Assembly manifests the
intention of the General Assembly to extend the repeal of this
Act and have this Act continue in effect.”; and
By deleting page 96, line 14 through page 102 line 13; and
On page 102, by replacing lines 14 through 18 with the following:
“Section 10. The Public Utilities Act is amended by reenacting Articles XIII and XXI as follows and by repealing Sections 13-1200 and 21-1601.”; and
By replacing page 102 line 19 through page 304 line 14 with the following:
(220 ILCS 5/Art. XIII heading) ARTICLE XIII. TELECOMMUNICATIONS |
(220
ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100) |
(220
ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101) |
(220
ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102) |
(220
ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103) |
(220
ILCS 5/13-201) (from Ch. 111 2/3, par. 13-201) |
(220
ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202) |
(220
ILCS 5/13-202.5) |
(220
ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203) |
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(b) telephone or telecommunications answering |
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(c) community antenna television service which is |
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The
Commission may, by rulemaking, exclude (1) private line service which is not
directly or indirectly used for the origination or termination of switched
telecommunications service, (2) cellular radio service, (3) high-speed point-to-point
data transmission at or above 9.6 kilobits, or (4) the provision of
telecommunications service by a company or person otherwise subject to
Section 13-202 (c) to a telecommunications carrier, which is incidental to
the provision of service subject to Section 13-202 (c), from active
regulatory oversight to the extent it finds, after notice, hearing and
comment that such exclusion is consistent with the public interest and the
purposes and policies of this Article. To the extent that the Commission has
excluded cellular radio service from active regulatory oversight for any
provider of cellular radio service in this State pursuant to this Section,
the Commission shall exclude all other providers of cellular radio service in
the State from active regulatory oversight without an additional rulemaking
proceeding where there are 2 or more certified providers of cellular radio
service in a geographic area. |
(220
ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204) |
(220
ILCS 5/13-205) (from Ch. 111 2/3, par. 13-205) |
(220
ILCS 5/13-206) (from Ch. 111 2/3, par. 13-206) |
(220
ILCS 5/13-207) (from Ch. 111 2/3, par. 13-207) |
(220
ILCS 5/13-208) (from Ch. 111 2/3, par. 13-208) |
(220
ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209) |
(220
ILCS 5/13-210) (from Ch. 111 2/3, par. 13-210) |
(220
ILCS 5/13-211) (from Ch. 111 2/3, par. 13-211) |
(220
ILCS 5/13-212) (from Ch. 111 2/3, par. 13-212) |
(220
ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213) |
(220
ILCS 5/13-214) (from Ch. 111 2/3, par. 13-214) |
(220
ILCS 5/13-215) (from Ch. 111 2/3, par. 13-215) |
(220
ILCS 5/13-216) |
(220
ILCS 5/13-217) |
(220
ILCS 5/13-218) |
(220
ILCS 5/13-219) |
(220
ILCS 5/13-220) |
(220
ILCS 5/13-230) |
(220
ILCS 5/13-231) |
(220
ILCS 5/13-232) |
(220
ILCS 5/13-233) |
(220
ILCS 5/13-234) |
(220
ILCS 5/13-235) |
(220
ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301) |
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(b)
(blank); |
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(d) investigate the necessity of and, if appropriate, |
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(2)
In any order creating a fund pursuant to paragraph (d) of subsection (1), the
Commission, after notice and hearing, shall: |
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(b) Identify all implicit subsidies contained in |
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(c) Establish an affordable price for the supported |
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(Source: P.A. 96-927, eff. 6-15-10.) |
(220
ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1) |
(220
ILCS 5/13-301.2) |
(220
ILCS 5/13-301.3) |
(220
ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302) |
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(2) residential calls to points within an untimed |
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(3) a low income residential Universal Service |
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(b)
In formulating the criteria for the low income residential Universal Service
Assistance Program referred to in paragraph (3) of subsection (a), the
Commission shall consider the desirability of various alternatives, including
a reduction of the access line charge or connection charge for eligible
customers. |
(220
ILCS 5/13-303) |
(220
ILCS 5/13-303.5) |
(220
ILCS 5/13-304) |
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(2) the presence or absence of due diligence on the |
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(3) any economic benefits accrued by the violator |
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(4) the amount of monetary penalty that will serve to |
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(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. |
(220
ILCS 5/13-305) |
(220
ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401) |
(220
ILCS 5/13-401.1) |
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(2) the provider's address and telephone number, |
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(3) a description of the provider's dispute |
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(4) a description of each exchange of a local |
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A
provider must notify the Commission of any change in the information
identified in paragraphs (1), (2), (3), or (4) of this subsection (a) within
5 business days after any such change. |
(220
ILCS 5/13-402) (from Ch. 111 2/3, par. 13-402) |
(220 ILCS
5/13-403) (from Ch. 111 2/3, par. 13-403) |
(220
ILCS 5/13-404) (from Ch. 111 2/3, par. 13-404) |
(220
ILCS 5/13-404.1) |
(220
ILCS 5/13-404.2) |
(220
ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405) |
(220
ILCS 5/13-405.1) (from Ch. 111 2/3, par. 13-405.1) |
(220
ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406) |
(220
ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407) |
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(2) the services offered by these firms to both |
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(3) the extent to which customers and other providers |
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(4) the technologies or methods by which these firms |
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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 certificated telecommunications carriers, registered Interconnected VoIP
providers, and Facilities-based Providers of Broadband Connections to End
User Locations 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 broadband market, along with the status of competition and
deployment of telecommunications services and broadband services to consumers
in the State. |
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"End user" includes a residential, business, |
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"Facilities-based Provider of Broadband Connections |
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(i) It owns the portion of the physical facility |
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(ii) It obtains unbundled network elements |
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(iii) It provisions or equips a broadband |
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"Facilities-based Provider of Broadband Connections |
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(Source: P.A. 96-927, eff. 6-15-10.) |
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(220 ILCS
5/13-501) (from Ch. 111 2/3, par. 13-501) |
(220
ILCS 5/13-501.5) |
(220
ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502) |
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(2) the availability of functionally equivalent |
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(3) the existence of economic, technological, or any |
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(4) the extent to which other telecommunications |
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(5) any other factors that may affect competition and |
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(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. |
(220
ILCS 5/13-502.5) |
(220
ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503) |
(220
ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504) |
(220
ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505) |
(220 ILCS
5/13-505.2) (from Ch. 111 2/3, par. 13-505.2) |
(220
ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3) |
(220
ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4) |
(220
ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5) |
(220
ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6) |
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(220 ILCS
5/13-506.1) (from Ch. 111 2/3, par. 13-506.1) |
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(5)
enhance economic development of the State; and |
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(3) responds to changes in technology and the |
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(4) constitutes a more appropriate form of regulation |
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(5) specifically identifies how ratepayers will |
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(6) will maintain the quality and availability of |
||
|
||
(7) will not unduly or unreasonably prejudice or |
||
|
||
(c)
An alternative regulation plan approved under this Section shall provide, as
a condition for Commission approval of the plan, that for the first 3 years
the plan is in effect, basic residence service rates shall be no higher than
those rates in effect 180 days before the filing of the plan. This provision
shall not be used as a justification or rationale for an increase in basic
service rates for any other customer class. For purposes of this Section,
"basic residence service rates" shall mean monthly recurring
charges for the telecommunications carrier's lowest priced primary residence
network access lines, along with any associated untimed or flat rate local
usage charges. Nothing in this subsection (c) shall preclude the Commission
from approving an alternative regulation plan that results in rate reductions
provided all the requirements of subsection (b) are satisfied by the plan. |
(220
ILCS 5/13-506.2) |
||
|
||
(2) "Basic local exchange service" means either a |
||
|
||
(3) "Existing customer" means a residential customer |
||
|
||
(4) "New customer" means a residential customer who |
||
|
||
(b)
Election for market regulation. Notwithstanding any other provision of this
Act, an Electing Provider may elect to have the rates, terms, and conditions
of its competitive retail telecommunications services solely determined and
regulated pursuant to the terms of this Section by filing written notice of
its election for market regulation with the Commission. The notice of
election shall designate the geographic area of the Electing Provider's service
territory where the market regulation shall apply, either on a state-wide
basis or in one or more specified Market Service Areas ("MSA") or
Exchange areas. An Electing Provider shall not make an election for market
regulation under this Section unless it commits in its written notice of
election for market regulation to fulfill the conditions and requirements in
this Section in each geographic area in which market regulation is elected.
Immediately upon filing the notice of election for market regulation, the
Electing Provider shall be subject to the jurisdiction of the Commission to
the extent expressly provided in this Section. |
||
|
||
(2) For those geographic areas in which residential |
||
|
||
(3) If an Electing Provider was previously subject to |
||
|
||
(4) The service packages described in Section 13-518 |
||
|
||
(5) Where a service, or its functional equivalent, or |
||
|
||
(6) Notwithstanding any other provision of this Act, |
||
|
||
(d)
Consumer choice safe harbor options. |
||
|
||
(A) A basic package, which shall consist of a |
||
|
||
(B) An extra package, which shall consist of |
||
|
||
(C) A plus package, which shall consist of |
||
|
||
(2) Subject to subdivision (d)(8) of this Section, |
||
|
||
(3) To the extent that the requirements in Section |
||
|
||
(4) Subject to subdivision (d)(8) of this Section, an |
||
|
||
(5) Subject to subdivision (d)(8) of this Section, an |
||
|
||
(6) Subject to subdivision (d)(8) of this Section, an |
||
|
||
(7) The Commission shall have the power, after notice |
||
|
||
(8) On and after the effective date of this |
||
|
||
(e)
Service quality and customer credits for basic local exchange service. |
||
|
||
(A) Install basic local exchange service within 5 |
||
|
||
(B) Restore basic local exchange service for the |
||
|
||
(C) Keep all repair and installation appointments |
||
|
||
(D) Inform a customer when a repair or |
||
|
||
(2) Customers shall be credited by the Electing |
||
|
||
(A) If an Electing Provider fails to repair an |
||
|
||
(B) If an Electing Provider fails to install |
||
|
||
(C) If an Electing Provider fails to keep a |
||
|
||
(D) Credits required by this subsection do not |
||
|
||
(i) occurs as a result of a negligent or |
||
|
||
(ii) occurs as a result of a malfunction of |
||
|
||
(iii) occurs as a result of, or is extended |
||
|
||
(iv) is extended by the Electing Provider's |
||
|
||
(v) occurs as a result of a customer request |
||
|
||
(vi) occurs as a result of an Electing |
||
|
||
(vii) occurs as a result of a lack of |
||
|
||
(3) Each Electing Provider shall provide to the |
||
|
||
(A) With regard to credits due in accordance with |
||
|
||
(i) the total dollar amount of any customer |
||
|
||
(ii) the number of credits issued for |
||
|
||
(iii) the number of credits issued for |
||
|
||
(iv) the number of credits issued for repairs |
||
|
||
(v) the number of credits used for repairs |
||
|
||
(vi) the number of credits issued for repairs |
||
|
||
(vii) the number of exemptions claimed for |
||
|
||
(B) With regard to credits due in accordance with |
||
|
||
(i) the total dollar amount of any customer |
||
|
||
(ii) the number of installations after 5 |
||
|
||
(iii) the number of installations after 10 |
||
|
||
(iv) the number of installations after 11 |
||
|
||
(v) the number of exemptions claimed for |
||
|
||
(C) With regard to credits due in accordance with |
||
|
||
(i) the total dollar amount of any customer |
||
|
||
(ii) the number of any customers receiving |
||
|
||
(iii) the number of exemptions claimed for |
||
|
||
(D) The Electing Provider's annual report |
||
|
||
(4) It is the intent of the General Assembly that the |
||
|
||
(5) An Electing Provider in each of the MSA or |
||
|
||
(f)
Commission jurisdiction over competitive retail telecommunications services.
Except as otherwise expressly stated in this Section, the Commission shall
thereafter have no jurisdiction or authority over any aspect of competitive
retail telecommunications service of an Electing Provider in those geographic
areas included in the Electing Provider's notice of election pursuant to
subsection (b) of this Section or of a retail telecommunications service
classified as competitive pursuant to Section 13-502 or subdivision (c)(5) of
this Section, heretofore subject to the jurisdiction of the Commission,
including but not limited to, any requirements of this Article related to the
terms, conditions, rates, quality of service, availability, classification or
any other aspect of any competitive retail telecommunications services. No
telecommunications carrier shall commit any unfair or deceptive act or
practice in connection with any aspect of the offering or provision of any
competitive retail telecommunications service. Nothing in this Article shall
limit or affect any provisions in the Consumer Fraud and Deceptive Business
Practices Act with respect to any unfair or deceptive act or practice by a
telecommunications carrier. |
||
|
||
(2) Nothing in paragraph (1) of this subsection (g) |
||
|
||
(3) The Commission shall have no authority to order |
||
|
||
(4) The Commission's authority under this subsection |
||
|
||
(h)
Safety of service equipment and facilities. |
||
|
||
(2) The Commission is authorized to conduct an |
||
|
||
(i)
(Blank). |
(220
ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507) |
(220
ILCS 5/13-507.1) |
(220
ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508) |
(220
ILCS 5/13-508.1) (from Ch. 111 2/3, par. 13-508.1) |
(220
ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509) |
(220
ILCS 5/13-510) (from Ch. 111 2/3, par. 13-510) |
(220 ILCS
5/13-512) |
(220
ILCS 5/13-513) |
(220
ILCS 5/13-514) |
||
|
||
(2) unreasonably impairing the speed, quality, or |
||
|
||
(3) unreasonably denying a request of another |
||
|
||
(4) unreasonably delaying access in connecting |
||
|
||
(5) unreasonably refusing or delaying access by any |
||
|
||
(6) unreasonably acting or failing to act in a manner |
||
|
||
(7) unreasonably failing to offer services to |
||
|
||
(8) violating the terms of or unreasonably delaying |
||
|
||
(9) unreasonably refusing or delaying access to or |
||
|
||
(10) unreasonably failing to offer network elements |
||
|
||
(11)
violating the obligations of Section 13-801; and |
||
|
||
(Source: P.A. 98-45, eff. 6-28-13.) |
(220
ILCS 5/13-515) |
||
|
||
(2) A complaint filed under this subsection shall |
||
|
||
(3) Reasonable discovery specific to the issue of the |
||
|
||
(4) An answer and any other responsive pleading to |
||
|
||
(5) If the answer or responsive pleading raises the |
||
|
||
(6) A pre-hearing conference shall be held within 14 |
||
|
||
(7) The hearing shall commence within 30 days of the |
||
|
||
(8) Any party may file a petition requesting the |
||
|
||
(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. |
||
|
||
(2) the allegations and other factual contentions |
||
|
||
(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, 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. |
(220
ILCS 5/13-516) |
||
|
||
(2) Notwithstanding any other provision of this Act, |
||
|
||
(3) The Commission shall award damages, attorney's |
||
|
||
(b)
The Commission may waive penalties imposed under subdivision (a)(2) if it makes
a written finding as to its reasons for waiving the penalty. Reasons for
waiving a penalty shall include, but not be limited to, technological
infeasibility and acts of God. |
(220
ILCS 5/13-517) |
||
|
||
(B) to avoid imposing a requirement that is |
||
|
||
(C) to avoid imposing a requirement that is |
||
|
||
(D) to avoid imposing a requirement that is |
||
|
||
(2) is consistent with the public interest, |
||
|
||
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. |
(220
ILCS 5/13-518) |
||
|
||
(2) A flat rate package, which shall consist of |
||
|
||
(3) An enhanced flat rate package, which shall |
||
|
||
(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. |
(220
ILCS 5/13-519) |
(220
ILCS 5/13-601) (from Ch. 111 2/3, par. 13-601) |
(220
ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701) |
(220
ILCS 5/13-702) (from Ch. 111 2/3, par. 13-702) |
(220
ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703) |
(220
ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704) |
(220
ILCS 5/13-705) (from Ch. 111 2/3, par. 13-705) |
(220
ILCS 5/13-706) (from Ch. 111 2/3, par. 13-706) |
(220
ILCS 5/13-707) (from Ch. 111 2/3, par. 13-707) |
(220 ILCS 5/13-709) |
(220
ILCS 5/13-712) |
||
|
||
(A) services that employ advanced |
||
|
||
(B)
vertical services; |
||
|
||
(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.
|
||
|
||
(2) Restore basic local exchange service for a |
||
|
||
(3) Keep all repair and installation appointments for |
||
|
||
(4) Inform a customer when a repair or installation |
||
|
||
(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: |
||
|
||
(2) If a carrier fails to install basic local |
||
|
||
(3) If a carrier fails to keep a scheduled repair or |
||
|
||
(4) If the violation of a basic local exchange |
||
|
||
(5)
(Blank). |
||
|
||
(i) occurs as a result of a negligent or willful |
||
|
||
(ii) occurs as a result of a malfunction of |
||
|
||
(iii) occurs as a result of, or is extended by, |
||
|
||
(iv) is extended by the carrier's inability to |
||
|
||
(v) occurs as a result of a customer request to |
||
|
||
(vi) occurs as a result of a carrier's right to |
||
|
||
(vii) occurs as a result of a lack of facilities |
||
|
||
(7) The provisions of this subsection are cumulative |
||
|
||
(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 30 hours, carrier response to customer calls, trouble
reports, and missed repair and installation commitments. |
(220
ILCS 5/13-713) |
(220
ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801) |
||
|
||
(A) for the transmission and routing of local |
||
|
||
(B) at any technically feasible point within the |
||
|
||
(C) that is at least equal in quality and |
||
|
||
(2) An incumbent local exchange carrier shall make |
||
|
||
(c)
Collocation. An incumbent local exchange carrier shall provide for physical
or virtual collocation of any type of equipment for interconnection or access
to network elements at the premises of the incumbent local exchange carrier
on just, reasonable, and nondiscriminatory rates, terms, and conditions. The
equipment shall include, but is not limited to, optical transmission
equipment, multiplexers, remote switching modules, and cross-connects between
the facilities or equipment of other collocated carriers. The equipment shall
also include microwave transmission facilities on the exterior and interior
of the incumbent local exchange carrier's premises used for interconnection
to, or for access to network elements of, the incumbent local exchange
carrier or a collocated carrier, unless the incumbent local exchange carrier
demonstrates to the Commission that it is not practical due to technical
reasons or space limitations. An incumbent local exchange carrier shall
allow, and provide for, the most reasonably direct and efficient
cross-connects, that are consistent with safety and network reliability
standards, between the facilities of collocated carriers. An incumbent local
exchange carrier shall also allow, and provide for, cross connects between a
noncollocated telecommunications carrier's network elements platform, or a
noncollocated telecommunications carrier's transport facilities, and the
facilities of any collocated carrier, consistent with safety and network
reliability standards. |
||
|
||
(2) An incumbent local exchange carrier shall not |
||
|
||
(3) Upon request, an incumbent local exchange carrier |
||
|
||
The incumbent local exchange carrier shall be |
||
|
||
(4) A telecommunications carrier may use a network |
||
|
||
(5) The Commission shall establish maximum time |
||
|
||
In measuring the incumbent local exchange carrier's |
||
|
||
(6) When a telecommunications carrier requests a |
||
|
||
Absent a contrary agreement between the |
||
|
||
(e)
Operations support systems. The Commission shall establish minimum standards
with just, reasonable, and nondiscriminatory rates, terms, and conditions for
the preordering, ordering, provisioning, maintenance and repair, and billing
functions of the incumbent local exchange carrier's operations support
systems provided to other telecommunications carriers. |
(220 ILCS 5/13-802.1)
Sec. 13-802.1. Depreciation; examination and audit;
agreement conditions; federal Telecommunications Act of 1996.
(a) In performing any cost analysis authorized pursuant
to this Act, the Commission may ascertain and determine and by order fix the
proper and adequate rate of depreciation of the property for a
telecommunications carrier for the purpose of such cost analysis.
(b) The Commission may provide for the examination and
audit of all accounts. Items subject to the Commission's regulatory
requirements shall be so allocated in the manner prescribed by the Commission.
The officers and employees of the Commission shall have the authority under the
direction of the Commission to inspect and examine any and all books, accounts,
papers, records, and memoranda kept by the telecommunications carrier.
(c) The Commission is authorized to adopt rules and
regulations concerning the conditions to be contained in and become a part of
contracts for noncompetitive telecommunications services in a manner consistent
with this Act and federal law.
(d) The Commission shall have the authority to, and
shall engage in, all state regulatory actions needed to implement and enforce
the federal Telecommunications Act of 1996 consistent with federal law,
including, but not limited to, the negotiation, arbitration, implementation,
resolution of disputes and enforcement of interconnection agreements arising
under Sections 251 and 252 of the federal Telecommunications Act of 1996.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-804) |
||
|
||
(B) the Commission shall have the authority to |
||
|
||
(C) the Commission shall have the authority to |
||
|
||
(D) the Commission shall have the authority to |
||
|
||
(E) the Commission shall have the authority to access |
||
|
||
Except
to the extent expressly permitted by and consistent with federal law, the
regulations of the Federal Communications Commission, this Article, Article
XXI or XXII of this Act, or this amendatory Act of the 96th General Assembly,
the Commission shall not regulate the rates, terms, conditions, quality of
service, availability, classification, or any other aspect of service
regarding (i) broadband services, (ii) Interconnected VoIP services, (iii)
information services, as defined in 47 U.S.C. 153(20) on the effective date
of this amendatory Act of the 96th General Assembly or as amended thereafter,
or (iv) wireless services, including, but not limited to, private radio
service, public mobile service, or commercial mobile service, as those terms
are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of
the 96th General Assembly or as amended thereafter. |
(220
ILCS 5/13-900) |
||
|
||
"9-1-1 system provider" means any person, |
||
|
||
"Emergency Telephone System Board" has the same |
||
|
||
"Public safety agency personnel" means personnel |
||
|
||
(c)
Except as otherwise provided in this Section, beginning July 1, 2010, it is
unlawful for any 9-1-1 system provider to offer or provide or seek to offer
or provide to any emergency telephone system board or 9-1-1 system, or agent,
representative, or designee thereof, any network and database service used or
intended to be used by any emergency telephone system board or 9-1-1 system
for the purpose of answering, transferring, or relaying requests for
emergency services, or dispatching public safety agency personnel in response
to requests for emergency services, unless the 9-1-1 system provider has
applied for and received a Certificate of 9-1-1 System Provider Authority
from the Commission. The Commission shall approve an application for a
Certificate of 9-1-1 System Provider Authority upon a showing by the
applicant, and a finding by the Commission, after notice and hearing, that
the applicant possesses sufficient technical, financial, and managerial
resources and abilities to provide network service and database services that
it seeks authority to provide in its application for service authority, in a
safe, continuous, and uninterrupted manner. |
(220
ILCS 5/13-900.1) |
(220
ILCS 5/13-900.2) |
||
|
||
(2) by January 1, 2012, each telecommunications |
||
|
||
(3) by July 1, 2012, each telecommunications carrier |
||
|
||
Following
24 months after the effective date of this amendatory Act of the 96th General
Assembly, each telecommunications carrier must continue to set its intrastate
switched access rates to mirror its interstate switched access rates and rate
structure. For purposes of this Section, the rate for intrastate switched
access service means the composite, per-minute rate for that service,
including all applicable fixed and traffic-sensitive charges, including, but
not limited to, carrier common line charges. |
(220
ILCS 5/13-900.3) |
||
(220
ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901) |
||
|
||
(2) "Aggregator" means any person or entity that is |
||
|
||
(3) "Operator services" means any telecommunications |
||
|
||
(A) automatic completion with billing to the |
||
|
||
(B) completion through an access code or a |
||
|
||
(C) completion in association with directory |
||
|
||
(b)
The Commission shall, by rule or order, adopt and enforce operating
requirements for the provision of operator-assisted services. The rules shall
apply to operator service providers and to aggregators. The rules shall be
compatible with the rules adopted by the Federal Communications Commission
under the federal Telephone Operator Consumer Services Improvement Act of
1990. These requirements shall address, but not necessarily be limited to,
the following: |
||
|
||
(2) restrictions on billing and charges for operator |
||
|
||
(3) restrictions on "call splashing" as that term is |
||
|
||
(4) access to other telecommunications carriers by |
||
|
||
(5) the appropriate routing and handling of emergency |
||
|
||
(6) the enforcement of these rules through tariffs |
||
|
||
(c)
The Commission shall adopt any rule necessary to make rules previously
adopted under this Section compatible with the rules of the Federal Communications
Commission no later than one year after the effective date of this amendatory
Act of 1993. |
(220 ILCS 5/13-902) |
||
|
||
(2) "Executing carrier" means any telecommunications |
||
|
||
(3) "Authorized carrier" means any telecommunications |
||
|
||
(4) "Unauthorized carrier" means any |
||
|
||
(5) "Unauthorized change" means a change in a |
||
|
||
(6)
"Subscriber" means: |
||
|
||
(B) any adult person authorized by such party to |
||
|
||
(C) any person contractually or otherwise |
||
|
||
This
Section does not apply to retail business subscribers served by more than 20
lines. |
||
|
||
(2) No submitting carrier shall submit a change on |
||
|
||
(A)
authorization from the subscriber; and |
||
|
||
The
submitting carrier shall maintain and preserve records of verification of
subscriber authorization for a minimum period of 2 years after obtaining such
verification. |
||
|
||
(4) Commercial mobile radio services (CMRS) providers |
||
|
||
(5) Where a telecommunications carrier is selling |
||
|
||
(6) No telecommunications carrier shall submit a |
||
|
||
(A) The telecommunications carrier has obtained |
||
|
||
(B) The telecommunications carrier has obtained |
||
|
||
(C) An appropriately qualified independent third |
||
|
||
(7) Methods of third party verification. Automated |
||
|
||
(8) Carrier initiation of third party verification. A |
||
|
||
(9) Requirements for content and format of third |
||
|
||
(10) Other requirements for third party verification. |
||
|
||
(11) Telecommunications carriers must provide |
||
|
||
(d)
Letter of agency form and content. |
||
|
||
(2) The letter of agency shall be a separate document |
||
|
||
(3) The letter of agency shall not be combined on the |
||
|
||
(4) Notwithstanding paragraphs (2) and (3) of this |
||
|
||
(5) At a minimum, the letter of agency must be |
||
|
||
(A) The subscriber's billing name and address and |
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(B) The decision to change the preferred carrier |
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(C) That the subscriber designates (insert the |
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(D) That the subscriber understands that only one |
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(E) That the subscriber may consult with the |
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(6) Any carrier designated in a letter of agency as a |
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(7) Letters of agency shall not suggest or require |
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(8) If any portion of a letter of agency is |
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(9) Letters of agency submitted with an |
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(10) A telecommunications carrier shall submit a |
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(11) If a telecommunications carrier uses a letter of |
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(e)
A switch in a subscriber's selection of a provider of telecommunications
service that complies with the rules promulgated by the Federal
Communications Commission and any amendments thereto shall be deemed to be in
compliance with the provisions of this Section. |
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(2) Require the violating telecommunications carrier |
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(3) Require the violating telecommunications carrier |
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(4) Require the violating telecommunications carrier |
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(5)
Issue a cease and desist order. |
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(Source: P.A. 92-22, eff. 6-30-01.) |
(220
ILCS 5/13-903) |
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(2) "Telecommunications carrier" has the meaning |
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(b)
Applicability of Section. This Section does not apply to: |
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(2) message telecommunications charges that are |
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(3) telecommunications services available on a |
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(c)
Requirements for billing authorized charges. A telecommunications carrier
shall meet all of the following requirements before submitting charges for
any product or service to be billed on any subscriber's telephone bill: |
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(2) Obtain subscriber authorization. The subscriber |
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(d)
Verification or notification. Except in subscriber-initiated transactions
with a certificated telecommunications carrier for which the
telecommunications carrier has the appropriate documentation, the telecommunications
carrier, after obtaining the subscriber's authorization in the required
manner, shall either verify the authorization or notify the subscriber as
follows: |
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(i) operates from a facility physically |
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(ii) is not directly or indirectly managed, |
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(iii) does not derive commissions or |
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(B) The third-party verification agent shall |
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(i) the subscriber's name, address, and the |
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(ii) that the person speaking to the third |
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(iii) that the subscriber wishes to purchase |
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(iv) that the subscriber understands that the |
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(v) the name and customer service telephone |
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(C) The telecommunications carrier shall retain, |
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(2) Notification. Written notification shall be |
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(A) the telecommunications carrier shall mail a |
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(B) the letter shall be a separate document sent |
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(C) the letter shall be printed with 10-point or |
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(D) the letter shall contain a toll-free |
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(E) the telecommunications carrier shall retain, |
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(F) written notification can be provided via |
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(e)
Unauthorized charges. |
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(A) notify the product or service provider to |
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(B) remove the unauthorized charge from the |
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(C) refund or credit to the subscriber all money |
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(f)
The Commission shall promulgate any rules necessary to ensure that
subscribers are not billed on the telephone bill for products or services in
a manner not in compliance with this Section. The rules promulgated under
this Section shall comport with the rules, if any, promulgated by the
Attorney General pursuant to the Consumer Fraud and Deceptive Business
Practices Act and with any rules promulgated by the Federal Communications
Commission or Federal Trade Commission. |
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(2) Require the violating carrier to refund or cancel |
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(3)
Issue a cease and desist order. |
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(Source: P.A. 98-756, eff. 7-16-14.)”; and |
On page 304, by replacing lines 17 through 21 with the following:
“(a) The General Assembly finds and declares that this
amendatory Act of the 100th General Assembly manifests the
intention of the General Assembly to extend the repeal of this
Article and have this Article continue in effect.”; and
By replacing page 305 line 11 through page 367, line 25 with the following:
(220 ILCS 5/Art. XXI heading) ARTICLE XXI. CABLE AND VIDEO COMPETITION (Source: P.A. 95-9, eff. 6-30-07.) |
(220
ILCS 5/21-100) |
(220
ILCS 5/21-101) |
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(b) Cable services and video services bring important |
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(c) Competitive cable service and video service |
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(d) Although there has been some competitive entry |
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(e) The provision of competitive cable services and |
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(f) The State authorization process and uniform |
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(g) Providing an incumbent cable or video service |
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(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(220
ILCS 5/21-101.1) |
(220
ILCS 5/21-201) |
(220
ILCS 5/21-301) |
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||
(3) An incumbent cable operator that elects to |
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||
(d)
For purposes of this Article, the Commission shall be the franchising
authority for cable service or video service providers that apply for and
obtain a State-issued authorization under this Article with regard to the
footprint covered by such authorization. Notwithstanding any other provision
of this Article, holders using telecommunications facilities to provide cable
service or video service are not obligated to provide that service outside
the holder's telecommunications service area. |
(220
ILCS 5/21-401) |
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(2) That the applicant agrees to comply with all |
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||
(3) That the applicant agrees to comply with all |
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||
(4) An exact description of the cable service or |
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||
(5) The location and telephone number of the |
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|
||
(6) A certification that the applicant has |
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||
(7) The expected date that cable service or video |
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(8) For any entity that received State-issued |
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The
application shall include adequate assurance that the applicant possesses the
financial, managerial, legal, and technical qualifications necessary to
construct and operate the proposed system, to promptly repair any damage to
the public right-of-way caused by the applicant, and to pay the cost of
removal of its facilities. To accomplish these requirements, the applicant
may, at the time the applicant seeks to use the public rights-of-way in that
jurisdiction, be required by the State of Illinois or later be required by
the local unit of government, or both, to post a bond, produce a certificate
of insurance, or otherwise demonstrate its financial responsibility. |
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||
(2) A grant of authority to use, occupy, and |
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||
(3) A statement that the grant of authority is |
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||
(e-5)
The Commission shall notify a local unit of government within 3 business days
of the grant of any authorization within a service area footprint if that
authorization includes any part of the local unit of government's jurisdictional
boundaries and state whether the holder will be providing video service or
cable service under the authorization. |
(220
ILCS 5/21-601) |
(220
ILCS 5/21-701) |
(220
ILCS 5/21-801) |
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||
(ii) Event-based charges for cable service or |
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|
||
(iii) Rental of set-top boxes and other cable |
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|
||
(iv) Service charges related to the provision of |
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|
||
(v) Administrative charges related to the |
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|
||
(vi) Late payment fees or charges, insufficient |
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|
||
(vii) A pro rata portion of all revenue derived |
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|
||
(viii) Compensation received by the holder that |
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|
||
(ix) In the case of a cable service or video |
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|
||
(x) The service provider fee permitted by |
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|
||
(2) Gross revenues do not include any of the |
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|
||
(i) Revenues not actually received, even if |
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|
||
(ii) Refunds, discounts, or other price |
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|
||
(iii) Regardless of whether the services are |
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|
||
(iv) The sale of cable services or video |
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|
||
(v) Any tax or fee of general applicability |
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|
||
(vi)
Security deposits collected from subscribers. |
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|
||
(3) Revenue of an affiliate of a holder shall be |
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|
||
(d)(1)
Except for a holder providing cable service that is subject to the fee in
subsection (i) of this Section, the holder shall pay to the local unit of
government or the entity designated by that local unit of government to
manage public, education, and government access, upon request as support for
public, education, and government access, a fee equal to no less than (i) 1%
of gross revenues or (ii) if greater, the percentage of gross revenues that
incumbent cable operators pay to the local unit of government or its designee
for public, education, and government access support in the local unit of
government's jurisdiction. For purposes of item (ii) of paragraph (1) of this
subsection (d), the percentage of gross revenues that all incumbent cable
operators pay shall be equal to the annual sum of the payments that incumbent
cable operators in the service area are obligated to pay by franchises and
agreements or by contracts with the local government designee for public,
education and government access in effect on January 1, 2007, including the
total of any lump sum payments required to be made over the term of each
franchise or agreement divided by the number of years of the applicable term,
divided by the annual sum of such incumbent cable operator's or operators'
gross revenues during the immediately prior calendar year. The sum of
payments includes any payments that an incumbent cable operator is required
to pay pursuant to item (3) of subsection (c) of Section 21-301. |
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|
||
(2) the local unit of government shall impose any fee |
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|
||
(3) the fee may not exceed 1% of gross revenue; if, |
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|
||
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) |
(220
ILCS 5/21-901) |
(220
ILCS 5/21-1001) |
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|
||
(2)
Access to a building. |
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|
||
(d)
If a local unit of government imposes a permit fee on incumbent cable
operators, it may impose a permit fee on the holder only to the extent it
imposes such a fee on incumbent cable operators. In all other cases, these
fees may not exceed the actual, direct costs incurred by the local unit of government
for issuing the relevant permit. In no event may a fee under this Section be
levied if the holder already has paid a permit fee of any kind in connection
with the same activity that would otherwise be covered by the permit fee
under this Section provided no additional equipment, work, function, or other
burden is added to the existing activity for which the permit was issued. |
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|
||
(2) The holder shall comply with a local unit of |
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|
||
(3) The holder's construction practices shall be in |
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|
||
(4) The holder shall not interfere with the local |
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|
||
(5) The holder shall comply with all local units of |
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|
||
(6) The holder shall maintain insurance or provide |
||
|
||
(7) The holder shall reimburse all reasonable |
||
|
||
(8) The holder shall indemnify and hold harmless the |
||
|
||
(9) The holder, upon request, shall provide the local |
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|
||
(Source: P.A. 99-6, eff. 6-29-15.) |
(220
ILCS 5/21-1101) |
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|
||
(2) Barriers to competition arising from existing |
||
|
||
(3) The inability to access developments or buildings |
||
|
||
(4)
Natural disasters. |
||
|
||
(2) which portions of subsection (g) of this Section |
||
|
||
(3) the number of days it has been delayed or the |
||
|
||
(i)
The factors in subsection (g) of this Section may be considered by the
Attorney General or by a court of competent jurisdiction in determining
whether the holder is in violation of this Article. |
||
|
||
(B) The number of households in the holder's |
||
|
||
(C) The number of households in the holder's |
||
|
||
(D) The number of households in the holder's |
||
|
||
(2)
Low-income household information: |
||
|
||
(B) The number of low-income households in the |
||
|
||
(C) The number of low-income households in the |
||
|
||
(D) The number of low-income households in the |
||
|
||
(j-5)
The requirements of subsection (c) of this Section shall be satisfied upon
the filing of an annual report with the Commission in compliance with
subsection (j) of this Section, including an annual report filed prior to
this amendatory Act of the 98th General Assembly, that demonstrates the
holder of the authorization has satisfied the requirements of subsection (c)
of this Section for each of the service areas in which it provides access to
its cable service or video service in the State. Notwithstanding the
continued application of this Article to the holder, upon satisfaction of the
requirements of subsection (c) of this Section, only the requirements of
subsection (a) of this Section 21-1101 of this Act and the following
reporting requirements shall continue to apply to such holder: |
||
|
||
(B) The number of households in the holder's |
||
|
||
(C) The number of households in the holder's |
||
|
||
(D) The number of households in the holder's |
||
|
||
(E) The exchanges or local units of government in |
||
|
||
(2)
Low-income household information: |
||
|
||
(B) The number of low-income households in the |
||
|
||
(C) The number of low-income households in the |
||
|
||
(D) The number of low-income households in the |
||
|
||
(j-10)
The requirements of subsection (d) of this Section shall be satisfied upon
the filing of an annual report with the Commission in compliance with
subsection (j) of this Section, including an annual report filed prior to
this amendatory Act of the 98th General Assembly, that demonstrates the
holder of the authorization has satisfied the requirements of subsection (d)
of this Section for each of the service areas in which it provides access to
its cable service or video service in the State. Notwithstanding the
continued application of this Article to the holder, upon satisfaction of the
requirements of subsection (d) of this Section, only the requirements of
subsection (a) of this Section and the following reporting requirements shall
continue to apply to such holder: |
||
|
||
(B) The number of households in the holder's |
||
|
||
(C) The exchanges or local units of government in |
||
|
||
(2)
Low-income household information: |
||
|
||
(B) The number of low-income households in the |
||
|
||
(k)
The Commission, within 30 days of receiving the first report from holders
under this Section, and annually no later than July 1 thereafter, shall
submit to the General Assembly a report that includes, based on year-end
data, the information submitted by holders pursuant to subdivisions (1) and
(2) of subsections (j), (j-5), and (j-10) of this Section. The Commission
shall make this report available to any member of the public or any local
unit of government upon request. All information submitted to the Commission
and designated by holders as confidential and proprietary shall be subject to
the disclosure provisions in subsection (c) of Section 21-401 of this Act. No
individually identifiable customer information shall be subject to public
disclosure. |
(220
ILCS 5/21-1201) |
(220
ILCS 5/21-1301) |
||
|
||
(2) examine, under oath, any person who possesses |
||
|
||
(3) examine any record, book, document, account, or |
||
|
||
(c)
If the Attorney General determines that there is a reason to believe that a
holder has violated or is about to violate this Article, the Attorney General
may bring an action in a court of competent jurisdiction in the name of the
People of the State against the holder to obtain temporary, preliminary, or
permanent injunctive relief and civil penalties for any act, policy, or
practice by the holder that violates this Article. |
||
|
||
(2) The holder's State-issued authorization may be |
||
|
||
(3) If the holder is in violation of Section 21-1101 |
||
|
||
(4) Nothing in this Section shall limit or affect the |
||
|
||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(220
ILCS 5/21-1401) |
(220
ILCS 5/21-1501) |
(220
ILCS 5/21-1502) |
||
|
||
(2) If the cable operator was an incumbent cable |
||
|
||
(3) If the cable operator was not an incumbent cable |
||
|
||
(4) In seeking a renewal under this Section, the |
||
|
||
(A) the number of subscribers within the |
||
|
||
(B) the number of eligible local government |
||
|
||
(C) the statistical records of performance under |
||
|
||
(D) cable system improvement and construction |
||
|
||
(E) the proposed level of support for public, |
||
|
||
(Source: P.A. 98-45, eff. 6-28-13.)”; and |
On page 368, by replacing lines 3 through 7 with the following:
“(a) The General Assembly finds and declares that this
amendatory Act of the 100th General Assembly manifests the
intention of the General Assembly to extend the repeal of this
Article and have this Article continue in effect.”; and
On page 368, by deleting lines 22 through 25.
With these changes, House Bill 1811 will have my approval. I respectfully request your concurrence.