SB1381 EngrossedLRB100 08310 RJF 18414 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the 2017
5High-speed Internet Investment and Telecommunications
6Modernization Act for Job Creation and Public Safety.
7    Section 5. The Public Utilities Act is amended by changing
8Sections 13-102, 13-103, 13-301.1, 13-406, and 21-401 and by
9adding Section 13-406.1 as follows:
10    (220 ILCS 5/13-102)  (from Ch. 111 2/3, par. 13-102)
11    (Section scheduled to be repealed on July 1, 2017)
12    Sec. 13-102. Findings. With respect to telecommunications
13services, as herein defined, the General Assembly finds that:
14    (a) universally available and widely affordable
15telecommunications services are essential to the health,
16welfare and prosperity of all Illinois citizens;
17    (b) federal regulatory and judicial rulings in the 1980s
18caused a restructuring of the telecommunications industry and
19opened some aspects of the industry to competitive entry,
20thereby necessitating revision of State telecommunications
21regulatory policies and practices;
22    (c) revisions in telecommunications regulatory policies



SB1381 Engrossed- 2 -LRB100 08310 RJF 18414 b

1and practices in Illinois beginning in the mid-1980s brought
2the benefits of competition to consumers in many
3telecommunications markets, but not in local exchange
4telecommunications service markets;
5    (d) the federal Telecommunications Act of 1996 established
6the goal of opening all telecommunications service markets to
7competition and accords to the states the responsibility to
8establish and enforce policies necessary to attain that goal;
9    (e) it is in the immediate interest of the People of the
10State of Illinois for the State to exercise its rights within
11the new framework of federal telecommunications policy to
12ensure that the economic benefits of competition in all
13telecommunications service markets are realized as effectively
14as possible;
15    (f) the competitive offering of all telecommunications
16services will increase innovation and efficiency in the
17provision of telecommunications services and may lead to
18reduced prices for consumers, increased investment in
19communications infrastructure, the creation of new jobs, and
20the attraction of new businesses to Illinois; and
21    (g) protection of the public interest requires changes in
22the regulation of telecommunications carriers and services to
23ensure, to the maximum feasible extent, the reasonable and
24timely development of effective competition in all
25telecommunications service markets; .
26    (h) Illinois residents rely on today's modern wired and



SB1381 Engrossed- 3 -LRB100 08310 RJF 18414 b

1wireless Internet Protocol (IP) networks and services to
2improve their lives by connecting them to school and college
3degrees, work and job opportunities, family and friends,
4information, and entertainment, as well as emergency
5responders and public safety officials; Illinois businesses
6rely on these modern IP networks and services to compete in a
7global marketplace by expanding their customer base, managing
8inventory and operations more efficiently, and offering
9customers specialized and personalized products and services;
10without question, Illinois residents and our State's economy
11rely profoundly on the modern wired and wireless IP networks
12and services in our State;
13    (i) the transition from 20th century traditional circuit
14switched and other legacy telephone services to modern 21st
15century next generation Internet Protocol (IP) services is
16taking place at an extraordinary pace as Illinois consumers are
17upgrading to home communications service using IP technology,
18including high speed Internet, Voice over Internet Protocol,
19and wireless service;
20    (j) this rapid transition to IP-based communications has
21dramatically transformed the way people communicate and has
22provided significant benefits to consumers in the form of
23innovative functionalities resulting from the seamless
24convergence of voice, video, and text, benefits realized by the
25General Assembly when it chose to transition its own
26telecommunications system to an all IP communications network



SB1381 Engrossed- 4 -LRB100 08310 RJF 18414 b

1in 2016;
2    (k) the benefits of the transition to IP-based networks and
3services were also recognized by the General Assembly in 2015
4through the enactment of legislation requiring that every 9-1-1
5emergency system in Illinois provide Next Generation 9-1-1
6service by July 1, 2020 and requiring that the Next Generation
79-1-1 network must be an IP-based platform; and
8    (l) completing the transition to all IP-based networks and
9technologies is in the public interest because it will promote
10continued innovation, consumer benefits, increased
11efficiencies, and increased investment in IP-based networks
12and services.
13(Source: P.A. 90-185, eff. 7-23-97.)
14    (220 ILCS 5/13-103)  (from Ch. 111 2/3, par. 13-103)
15    (Section scheduled to be repealed on July 1, 2017)
16    Sec. 13-103. Policy. Consistent with its findings, the
17General Assembly declares that it is the policy of the State of
18Illinois that:
19    (a) telecommunications services should be available to all
20Illinois citizens at just, reasonable, and affordable rates and
21that such services should be provided as widely and
22economically as possible in sufficient variety, quality,
23quantity and reliability to satisfy the public interest;
24    (b) consistent with the protection of consumers of
25telecommunications services and the furtherance of other



SB1381 Engrossed- 5 -LRB100 08310 RJF 18414 b

1public interest goals, competition in all telecommunications
2service markets should be pursued as a substitute for
3regulation in determining the variety, quality and price of
4telecommunications services and that the economic burdens of
5regulation should be reduced to the extent possible consistent
6with the furtherance of market competition and protection of
7the public interest;
8    (c) all necessary and appropriate modifications to State
9regulation of telecommunications carriers and services should
10be implemented without unnecessary disruption to the
11telecommunications infrastructure system or to consumers of
12telecommunications services and that it is necessary and
13appropriate to establish rules to encourage and ensure orderly
14transitions in the development of markets for all
15telecommunications services;
16    (d) the consumers of telecommunications services and
17facilities provided by persons or companies subject to
18regulation pursuant to this Act and Article should be required
19to pay only reasonable and non-discriminatory rates or charges
20and that in no case should rates or charges for non-competitive
21telecommunications services include any portion of the cost of
22providing competitive telecommunications services, as defined
23in Section 13-209, or the cost of any nonregulated activities;
24    (e) the regulatory policies and procedures provided in this
25Article are established in recognition of the changing nature
26of the telecommunications industry and therefore should be



SB1381 Engrossed- 6 -LRB100 08310 RJF 18414 b

1subject to systematic legislative review to ensure that the
2public benefits intended to result from such policies and
3procedures are fully realized; and
4    (f) development of and prudent investment in advanced
5telecommunications services and networks that foster economic
6development of the State should be encouraged through the
7implementation and enforcement of policies that promote
8effective and sustained competition in all telecommunications
9service markets; and .
10    (g) completion of the transition to modern IP-based
11networks should be encouraged through relief from the outdated
12regulations that require continued investment in legacy
13circuit switched networks from which Illinois consumers have
14largely transitioned, while at the same time ensuring that
15consumers have access to available alternative services that
16provide quality voice service and access to emergency
18(Source: P.A. 90-185, eff. 7-23-97.)
19    (220 ILCS 5/13-301.1)  (from Ch. 111 2/3, par. 13-301.1)
20    (Section scheduled to be repealed on July 1, 2017)
21    Sec. 13-301.1. Universal Telephone Service Assistance
23    (a) The Commission shall by rule or regulation establish a
24Universal Telephone Service Assistance Program for low income
25residential customers. The program shall provide for a



SB1381 Engrossed- 7 -LRB100 08310 RJF 18414 b

1reduction of access line charges, a reduction of connection
2charges, or any other alternative assistance or program to
3increase accessibility to telephone service and broadband
4Internet access service that the Commission deems advisable
5subject to the availability of funds for the program as
6provided in subsections subsection (d) and (e). The Commission
7shall establish eligibility requirements for benefits under
8the program.
9    (b) The Commission shall adopt rules providing for enhanced
10enrollment for eligible consumers to receive lifeline service.
11Enhanced enrollment may include, but is not limited to, joint
12marketing, joint application, or joint processing with the
13Low-Income Home Energy Assistance Program, the Medicaid
14Program, and the Food Stamp Program. The Department of Human
15Services, the Department of Healthcare and Family Services, and
16the Department of Commerce and Economic Opportunity, upon
17request of the Commission, shall assist in the adoption and
18implementation of those rules. The Commission and the
19Department of Human Services, the Department of Healthcare and
20Family Services, and the Department of Commerce and Economic
21Opportunity may enter into memoranda of understanding
22establishing the respective duties of the Commission and the
23Departments in relation to enhanced enrollment.
24    (c) In this Section: ,
25        "Lifeline "lifeline service" means a retail local
26    service offering described by 47 CFR C.F.R. Section



SB1381 Engrossed- 8 -LRB100 08310 RJF 18414 b

1    54.401(a), as amended.
2    (d) The Commission shall require by rule or regulation that
3each telecommunications carrier providing local exchange
4telecommunications services notify its customers that if the
5customer wishes to participate in the funding of the Universal
6Telephone Service Assistance Program he may do so by electing
7to contribute, on a monthly basis, a fixed amount that will be
8included in the customer's monthly bill. The customer may cease
9contributing at any time upon providing notice to the
10telecommunications carrier providing local exchange
11telecommunications services. The notice shall state that any
12contribution made will not reduce the customer's bill for
13telecommunications services. Failure to remit the amount of
14increased payment will reduce the contribution accordingly.
15The Commission shall specify the monthly fixed amount or
16amounts that customers wishing to contribute to the funding of
17the Universal Telephone Service Assistance Program may choose
18from in making their contributions. Every telecommunications
19carrier providing local exchange telecommunications services
20shall remit the amounts contributed in accordance with the
21terms of the Universal Telephone Service Assistance Program.
22    (e) Amounts collected and remitted under subsection (d)
23may, to the extent the Commission deems advisable, be used for
24funding a program to be administered by the entity designated
25by the Commission as administrator of the Universal Telephone
26Service Assistance Program for educating and assisting



SB1381 Engrossed- 9 -LRB100 08310 RJF 18414 b

1low-income residential customers with a transition to Internet
2protocol-based networks and services. This program may
3include, but need not be limited to, measures designed to
4notify and educate residential customers regarding the
5availability of alternative voice services with access to
69-1-1, access to and use of broadband Internet access service,
7and pricing options.
8(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)
9    (220 ILCS 5/13-406)  (from Ch. 111 2/3, par. 13-406)
10    (Section scheduled to be repealed on July 1, 2017)
11    Sec. 13-406. Abandonment of service. No telecommunications
12carrier offering or providing noncompetitive
13telecommunications service pursuant to a valid Certificate of
14Service Authority or certificate of public convenience and
15necessity shall discontinue or abandon such service once
16initiated until and unless it shall demonstrate, and the
17Commission finds, after notice and hearing, that such
18discontinuance or abandonment will not deprive customers of any
19necessary or essential telecommunications service or access
20thereto and is not otherwise contrary to the public interest.
21No telecommunications carrier offering or providing
22competitive telecommunications service shall completely
23discontinue or abandon such service to an identifiable class or
24group of customers once initiated except upon 60 days notice to
25the Commission and affected customers. The Commission may, upon



SB1381 Engrossed- 10 -LRB100 08310 RJF 18414 b

1its own motion or upon complaint, investigate the proposed
2discontinuance or abandonment of a competitive
3telecommunications service and may, after notice and hearing,
4prohibit such proposed discontinuance or abandonment if the
5Commission finds that it would be contrary to the public
6interest. If the Commission does not provide notice of a
7hearing within 60 calendar days after the notification or holds
8a hearing and fails to find that the proposed discontinuation
9or abandonment would be contrary to the public interest, the
10provider may discontinue or abandon such service after
11providing at least 30 days notice to affected customers. This
12Section does not apply to a Large Electing Provider proceeding
13under Section 13-406.1.
14(Source: P.A. 96-927, eff. 6-15-10.)
15    (220 ILCS 5/13-406.1 new)
16    Sec. 13-406.1. Large Electing Provider transition to
17IP-based networks and service.
18    (a) As used in this Section:
19    "Alternative voice service" means service that includes
20all of the applicable functionalities for voice telephony
21services described in 47 CFR 54.101(a).
22    "Existing customer" means a residential customer of the
23Large Electing Provider who is subscribing to a
24telecommunications service on the date the Large Electing
25Provider sends its notice under paragraph (1) of subsection (c)



SB1381 Engrossed- 11 -LRB100 08310 RJF 18414 b

1of this Section of its intent to cease offering and providing
2service. For purposes of this Section, a residential customer
3of the Large Electing Provider whose service has been
4temporarily suspended, but not finally terminated as of the
5date that the Large Electing Provider sends such notice, shall
6be deemed to be an "existing customer".
7    "Large Electing Provider" means an Electing Provider, as
8defined in Section 13-506.2 of this Act, that reported in its
9annual competition report for the year 2016 filed with the
10Commission under Section 13-407 of this Act and 83 Ill. Adm.
11Code 793 that it provided at least 700,000 access lines to end
13    "New customer" means a residential customer who is not
14subscribing to a telecommunications service provided by the
15Large Electing Provider on the date the Large Electing Provider
16sends its notice under paragraph (1) of subsection (c) of this
17Section of its intent to cease offering and providing such
19    "Provider" includes every corporation, company,
20association, firm, partnership, and individual and their
21lessees, trustees, or receivers appointed by any court that
22sell or offer to sell an alternative voice service.
23    "Reliable access to 9-1-1" means access to 9-1-1 that
24complies with the applicable rules, regulations, and
25guidelines established by the Federal Communications
26Commission and the applicable provisions of the Emergency



SB1381 Engrossed- 12 -LRB100 08310 RJF 18414 b

1Telephone System Act and implementing rules.
2    "Willing provider" means a provider that voluntarily
3participates in the request for service process.
4    (b) Beginning June 30, 2017, a Large Electing Provider may,
5to the extent permitted by and consistent with federal law,
6including, as applicable, approval by the Federal
7Communications Commission of the discontinuance of the
8interstate-access component of a telecommunications service,
9cease to offer and provide a telecommunications service to an
10identifiable class or group of customers, other than voice
11telecommunications service to residential customers, upon 60
12days' notice to the Commission and affected customers.
13    (c) Beginning June 30, 2017, a Large Electing Provider may,
14to the extent permitted by and consistent with federal law,
15cease to offer and provide voice telecommunications service to
16an identifiable class or group of residential customers, which,
17for the purposes of this subsection (c), shall be referred to
18as "requested service", subject to compliance with the
19following requirements:
20        (1) No less than 255 days prior to providing notice to
21    the Federal Communications Commission of its intent to
22    discontinue the interstate-access component of the
23    requested service, the Large Electing Provider shall:
24            (A) file a notice of the proposed cessation of the
25        requested service with the Commission; and
26            (B) provide notice of the proposed cessation of the



SB1381 Engrossed- 13 -LRB100 08310 RJF 18414 b

1        requested service to each of the Large Electing
2        Provider's existing customers within the affected
3        geographic area by first-class mail separate from
4        customer bills. If the customer has elected to receive
5        electronic billing, the notice shall be sent
6        electronically and by first-class mail separate from
7        customer bills. The notice provided under this
8        subparagraph (B) must describe the requested service,
9        identify the earliest date on which the Large Electing
10        Provider intends to cease offering or providing the
11        telecommunications service, provide a telephone number
12        by which the existing customer may contact a service
13        representative of the Large Electing Provider, and
14        provide a telephone number by which the existing
15        customer may contact the Commission's Consumer
16        Services Division. The notice shall also include the
17        following statement:
18                "If you do not believe that an alternative
19            voice service including reliable access to 9-1-1
20            is available to you, from either [name of Large
21            Electing Provider] or another provider of wired or
22            wireless voice service where you live, you have the
23            right to request the Illinois Commerce Commission
24            to investigate the availability of alternative
25            voice service including reliable access to 9-1-1.
26            To do so, you must submit such a request in either



SB1381 Engrossed- 14 -LRB100 08310 RJF 18414 b

1            writing or by signing and returning a copy of this
2            notice, no later than (insert date), 60 days after
3            the date of the notice to the following address:
4            Chief Clerk of the Illinois Commerce Commission
5            527 East Capitol Avenue
6            Springfield, Illinois 62706
7                You must include in your request a reference to
8            the notice you received from [Large Electing
9            Provider's name] and the date of notice.".
10            Thirty days following the date of notice, the Large
11        Electing Provider shall provide each customer to which
12        the notice was sent a follow-up notice containing the
13        same information and reminding customers of the
14        deadline for requesting the Commission to investigate
15        alternative voice service with access to 9-1-1.
16        (2) After June 30, 2017, and only in a geographic area
17    for which a Large Electing Provider has provided notice of
18    proposed cessation of the requested service to existing
19    customers under paragraph (1) of this subsection (c), an
20    existing customer of that provider may, within 60 days
21    after issuance of such notice, request the Commission to
22    investigate the availability of alternative voice service
23    including reliable access to 9-1-1 to that customer. For
24    the purposes of this paragraph (2), existing customers who
25    make such a request are referred to as "requesting existing
26    customers". The Large Electing Provider may cease to offer



SB1381 Engrossed- 15 -LRB100 08310 RJF 18414 b

1    or provide the requested service to existing customers who
2    do not make a request for investigation beginning 30 days
3    after issuance of the notice required by paragraph (5) of
4    this subsection (c).
5            (A) In response to all requests and investigations
6        under this paragraph (2), the Commission shall conduct
7        a single investigation to be commenced 75 days after
8        the receipt of notice under paragraph (1) of this
9        subsection (c), and completed within 135 days after
10        commencement. The Commission shall, within 135 days
11        after commencement of the investigation, make one of
12        the findings described in subdivisions (i) and (ii) of
13        this subparagraph (A) for each requesting existing
14        customer.
15                (i) If, as a result of the investigation, the
16            Commission finds that service from at least one
17            provider offering alternative voice service
18            including reliable access to 9-1-1 through any
19            technology or medium is available to one or more
20            requesting existing customers, the Commission
21            shall declare by order that, with respect to each
22            requesting existing customer for which such a
23            finding is made, the Large Electing Provider may
24            cease to offer or provide the requested service
25            beginning 30 days after the issuance of the notice
26            required by paragraph (5) of this subsection (c).



SB1381 Engrossed- 16 -LRB100 08310 RJF 18414 b

1                (ii) If, as a result of the investigation, the
2            Commission finds that service from at least one
3            provider offering alternative voice service,
4            including reliable access to 9-1-1, through any
5            technology or medium is not available to one or
6            more requesting existing customers, the Commission
7            shall declare by order that an emergency exists
8            with respect to each requesting existing customer
9            for which such a finding is made.
10            (B) If the Commission declares an emergency under
11        subdivision (ii) of subparagraph (A) of this paragraph
12        (2) with respect to one or more requesting existing
13        customers, the Commission shall conduct a request for
14        service process to identify a willing provider of
15        alternative voice service including reliable access to
16        9-1-1. A provider shall not be required to participate
17        in the request for service process. The willing
18        provider may utilize any form of technology that is
19        capable of providing alternative voice service
20        including reliable access to 9-1-1, including, without
21        limitation, Voice over Internet Protocol services and
22        wireless services. The Commission shall, within 45
23        days after the issuance of an order finding that an
24        emergency exists, make one of the determinations
25        described in subdivisions (i) and (ii) of this
26        subparagraph (B) for each requesting existing customer



SB1381 Engrossed- 17 -LRB100 08310 RJF 18414 b

1        for which an emergency has been declared.
2                (i) If the Commission determines that another
3            provider is willing and capable of providing
4            alternative voice service including reliable
5            access to 9-1-1 to one or more requesting existing
6            customers for which an emergency has been
7            declared, the Commission shall declare by order
8            that, with respect to each requesting existing
9            customer for which such a determination is made,
10            the Large Electing Provider may cease to offer or
11            provide the requested service beginning 30 days
12            after the issuance of the notice required by
13            paragraph (5) of this Section.
14                (ii) If the Commission determines that for one
15            or more of the requesting existing customers for
16            which an emergency has been declared there is no
17            other provider willing and capable of providing
18            alternative voice service including reliable
19            access to 9-1-1, the Commission shall issue an
20            order requiring the Large Electing Provider to
21            provide alternative voice service including
22            reliable access to 9-1-1 to each such requesting
23            existing customer utilizing any form of technology
24            capable of providing alternative voice service
25            including reliable access to 9-1-1, including,
26            without limitation, continuation of the requested



SB1381 Engrossed- 18 -LRB100 08310 RJF 18414 b

1            service, Voice over Internet Protocol services,
2            and wireless services, until another willing
3            provider is available. A Large Electing Provider
4            may fulfill the requirement through an affiliate
5            or another provider. The Large Electing Provider
6            may request that such an order be rescinded upon a
7            showing that an alternative voice service
8            including reliable access to 9-1-1 has become
9            available to the requesting existing customer from
10            another provider.
11        (3) If the Commission receives no requests for
12    investigation from any existing customer under paragraph
13    (2) of this subsection (c) within 60 days after issuance of
14    the notice under paragraph (1) of this subsection (c), the
15    Commission shall provide written notice to the Large
16    Electing Provider of that fact no later than 75 days after
17    receipt of notice under paragraph (1) of this subsection
18    (c). Notwithstanding any provision of this subsection (c)
19    to the contrary, if no existing customer requests an
20    investigation under paragraph (2) of this subsection (c),
21    the Large Electing Provider may immediately provide the
22    notice to the Federal Communications Commission as
23    described in paragraph (4) of this subsection (c).
24        (4) At the same time that it provides notice to the
25    Federal Communications Commission of its intent to
26    discontinue the interstate-access component of the



SB1381 Engrossed- 19 -LRB100 08310 RJF 18414 b

1    requested service, the Large Electing Provider shall:
2            (A) file a notice of proposal to cease to offer and
3        provide the requested service with the Commission; and
4            (B) provide a notice of proposal to cease to offer
5        and provide the requested service to existing
6        customers and new customers receiving the service at
7        the time of the notice within each affected geographic
8        area, with the notice made by first-class mail or
9        within customer bills delivered by mail or equivalent
10        means of notice, including electronic means if the
11        customer has elected to receive electronic billing.
12        The notice provided under this subparagraph (B) must
13        include a brief description of the requested service,
14        the date on which the Large Electing Provider intends
15        to cease offering or providing the telecommunications
16        service, and a statement as required by 47 CFR 63.71
17        that describes the process by which the customer may
18        submit comments to the Federal Communications
19        Commission.
20        (5) Upon approval by the Federal Communications
21    Commission of its request to discontinue the
22    interstate-access component of the requested service and
23    subject to the requirements of any order issued by the
24    Commission under subdivision (ii) of subparagraph (B) of
25    paragraph (2) of this subsection (c), the Large Electing
26    Provider may immediately cease to offer the requested



SB1381 Engrossed- 20 -LRB100 08310 RJF 18414 b

1    service to all customers not receiving the service on the
2    date of the Federal Communications Commission's approval
3    and may cease to offer and provide the requested service to
4    all customers receiving the service at the time of the
5    Federal Communications Commission's approval upon 30 days'
6    notice to the Commission and affected customers. Notice to
7    affected customers under this paragraph (5) shall be
8    provided by first-class mail separate from customer bills.
9    The notice provided under this paragraph (5) must describe
10    the requested service, identify the date on which the Large
11    Electing Provider intends to cease offering or providing
12    the telecommunications service, and provide a telephone
13    number by which the existing customer may contact a service
14    representative of the Large Electing Provider.
15        (6) The notices provided for in paragraph (1) of this
16    subsection (c) are not required as a prerequisite for the
17    Large Electing Provider to cease to offer or provide a
18    telecommunications service in a geographic area where
19    there are no residential customers taking service from the
20    Large Electing Provider on the date that the Large Electing
21    Provider files notice to the Federal Communications
22    Commission of its intent to discontinue the
23    interstate-access component of the requested service in
24    such a geographic area.
25        (7) For a period of 45 days following the date of a
26    notice issued pursuant to paragraph (5) of this Section,



SB1381 Engrossed- 21 -LRB100 08310 RJF 18414 b

1    any existing customer (i) who is located in the affected
2    geographic area subject to that notice; (ii) who was
3    receiving the requested service as of the date of the
4    Federal Communications Commission's approval of the Large
5    Electing Provider's request to discontinue the
6    interstate-access component of the requested service;
7    (iii) who did not make a timely request for investigation
8    pursuant to paragraph (2) of this Section; and (iv) whose
9    service will be or has been discontinued pursuant to
10    paragraph (5), may request assistance from the Large
11    Electing Provider in identifying providers of alternative
12    voice service including reliable access to 9-1-1. Within 15
13    days of the request, the Large Electing Provider shall
14    provide the customer with a list of alternative voice
15    service providers.
16        (8) Notwithstanding any other provision of this Act,
17    except as expressly authorized by this subsection (c), the
18    Commission may not, upon its own motion or upon complaint,
19    investigate, suspend, disapprove, condition, or otherwise
20    regulate the cessation of a telecommunications service to
21    an identifiable class or group of customers once initiated
22    by a Large Electing Provider under subsection (b) or this
23    subsection (c).
24    (220 ILCS 5/21-401)
25    (Section scheduled to be repealed on July 1, 2017)



SB1381 Engrossed- 22 -LRB100 08310 RJF 18414 b

1    Sec. 21-401. Applications.
2    (a)(1) A person or entity seeking to provide cable service
3or video service pursuant to this Article shall not use the
4public rights-of-way for the installation or construction of
5facilities for the provision of cable service or video service
6or offer cable service or video service until it has obtained a
7State-issued authorization to offer or provide cable or video
8service under this Section, except as provided for in item (2)
9of this subsection (a). All cable or video providers offering
10or providing service in this State shall have authorization
11pursuant to either (i) the Cable and Video Competition Law of
122007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
13Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
145-1095 of the Counties Code (55 ILCS 5/5-1095).
15    (2) Nothing in this Section shall prohibit a local unit of
16government from granting a permit to a person or entity for the
17use of the public rights-of-way to install or construct
18facilities to provide cable service or video service, at its
19sole discretion. No unit of local government shall be liable
20for denial or delay of a permit prior to the issuance of a
21State-issued authorization.
22    (b) The application to the Commission for State-issued
23authorization shall contain a completed affidavit submitted by
24the applicant and signed by an officer or general partner of
25the applicant affirming all of the following:
26        (1) That the applicant has filed or will timely file



SB1381 Engrossed- 23 -LRB100 08310 RJF 18414 b

1    with the Federal Communications Commission all forms
2    required by that agency in advance of offering cable
3    service or video service in this State.
4        (2) That the applicant agrees to comply with all
5    applicable federal and State statutes and regulations.
6        (3) That the applicant agrees to comply with all
7    applicable local unit of government regulations.
8        (4) An exact description of the cable service or video
9    service area where the cable service or video service will
10    be offered during the term of the State-issued
11    authorization. The service area shall be identified in
12    terms of either (i) exchanges, as that term is defined in
13    Section 13-206 of this Act; (ii) a collection of United
14    States Census Bureau Block numbers (13 digit); (iii) if the
15    area is smaller than the areas identified in either (i) or
16    (ii), by geographic information system digital boundaries
17    meeting or exceeding national map accuracy standards; or
18    (iv) local unit of government. The description shall
19    include the number of low-income households within the
20    service area or footprint. If an applicant is an incumbent
21    cable operator, the incumbent cable operator and any
22    successor-in-interest shall be obligated to provide access
23    to cable services or video services within any local units
24    of government at the same levels required by the local
25    franchising authorities for the local unit of government on
26    June 30, 2007 (the effective date of Public Act 95-9), and



SB1381 Engrossed- 24 -LRB100 08310 RJF 18414 b

1    its application shall provide a description of an area no
2    smaller than the service areas contained in its franchise
3    or franchises within the jurisdiction of the local unit of
4    government in which it seeks to offer cable or video
5    service.
6        (5) The location and telephone number of the
7    applicant's principal place of business within this State
8    and the names of the applicant's principal executive
9    officers who are responsible for communications concerning
10    the application and the services to be offered pursuant to
11    the application, the applicant's legal name, and any name
12    or names under which the applicant does or will provide
13    cable services or video services in this State.
14        (6) A certification that the applicant has
15    concurrently delivered a copy of the application to all
16    local units of government that include all or any part of
17    the service area identified in item (4) of this subsection
18    (b) within such local unit of government's jurisdictional
19    boundaries.
20        (7) The expected date that cable service or video
21    service will be initially offered in the area identified in
22    item (4) of this subsection (b). In the event that a holder
23    does not offer cable services or video services within 3
24    months after the expected date, it shall amend its
25    application and update the expected date service will be
26    offered and explain the delay in offering cable services or



SB1381 Engrossed- 25 -LRB100 08310 RJF 18414 b

1    video services.
2        (8) For any entity that received State-issued
3    authorization prior to this amendatory Act of the 98th
4    General Assembly as a cable operator and that intends to
5    proceed as a cable operator under this Article, the entity
6    shall file a written affidavit with the Commission and
7    shall serve a copy of the affidavit with any local units of
8    government affected by the authorization within 30 days
9    after the effective date of this amendatory Act of the 98th
10    General Assembly stating that the holder will be providing
11    cable service under the State-issued authorization.
12    The application shall include adequate assurance that the
13applicant possesses the financial, managerial, legal, and
14technical qualifications necessary to construct and operate
15the proposed system, to promptly repair any damage to the
16public right-of-way caused by the applicant, and to pay the
17cost of removal of its facilities. To accomplish these
18requirements, the applicant may, at the time the applicant
19seeks to use the public rights-of-way in that jurisdiction, be
20required by the State of Illinois or later be required by the
21local unit of government, or both, to post a bond, produce a
22certificate of insurance, or otherwise demonstrate its
23financial responsibility.
24    The application shall include the applicant's general
25standards related to customer service required by Section
2622-501 of this Act, which shall include, but not be limited to,



SB1381 Engrossed- 26 -LRB100 08310 RJF 18414 b

1installation, disconnection, service and repair obligations;
2appointment hours; employee ID requirements; customer service
3telephone numbers and hours; procedures for billing, charges,
4deposits, refunds, and credits; procedures for termination of
5service; notice of deletion of programming service and changes
6related to transmission of programming or changes or increases
7in rates; use and availability of parental control or lock-out
8devices; complaint procedures and procedures for bill dispute
9resolution and a description of the rights and remedies
10available to consumers if the holder does not materially meet
11their customer service standards; and special services for
12customers with visual, hearing, or mobility disabilities.
13    (c)(1) The applicant may designate information that it
14submits in its application or subsequent reports as
15confidential or proprietary, provided that the applicant
16states the reasons the confidential designation is necessary.
17The Commission shall provide adequate protection for such
18information pursuant to Section 4-404 of this Act. If the
19Commission, a local unit of government, or any other party
20seeks public disclosure of information designated as
21confidential, the Commission shall consider the confidential
22designation in a proceeding under the Illinois Administrative
23Procedure Act, and the burden of proof to demonstrate that the
24designated information is confidential shall be upon the
25applicant. Designated information shall remain confidential
26pending the Commission's determination of whether the



SB1381 Engrossed- 27 -LRB100 08310 RJF 18414 b

1information is entitled to confidential treatment. Information
2designated as confidential shall be provided to local units of
3government for purposes of assessing compliance with this
4Article as permitted under a Protective Order issued by the
5Commission pursuant to the Commission's rules and to the
6Attorney General pursuant to Section 6.5 of the Attorney
7General Act (15 ILCS 205/6.5). Information designated as
8confidential under this Section or determined to be
9confidential upon Commission review shall only be disclosed
10pursuant to a valid and enforceable subpoena or court order or
11as required by the Freedom of Information Act. Nothing herein
12shall delay the application approval timeframes set forth in
13this Article.
14    (2) Information regarding the location of video services
15that have been or are being offered to the public and aggregate
16information included in the reports required by this Article
17shall not be designated or treated as confidential.
18    (d)(1) The Commission shall post all applications it
19receives under this Article on its web site within 5 business
21    (2) The Commission shall notify an applicant for a cable
22service or video service authorization whether the applicant's
23application and affidavit are complete on or before the 15th
24business day after the applicant submits the application. If
25the application and affidavit are not complete, the Commission
26shall state in its notice all of the reasons the application or



SB1381 Engrossed- 28 -LRB100 08310 RJF 18414 b

1affidavit are incomplete, and the applicant shall resubmit a
2complete application. The Commission shall have 30 days after
3submission by the applicant of a complete application and
4affidavit to issue the service authorization. If the Commission
5does not notify the applicant regarding the completeness of the
6application and affidavit or issue the service authorization
7within the time periods required under this subsection, the
8application and affidavit shall be considered complete and the
9service authorization issued upon the expiration of the 30th
11    (e) Any authorization issued by the Commission will expire
12on December 31, 2020 and shall contain or include all of the
14        (1) A grant of authority, including an authorization
15    issued prior to this amendatory Act of the 98th General
16    Assembly, to provide cable service or video service in the
17    service area footprint as requested in the application,
18    subject to the provisions of this Article in existence on
19    the date the grant of authority was issued, and any
20    modifications to this Article enacted at any time prior to
21    the date in Section 21-1601 of this Act, and to the laws of
22    the State and the ordinances, rules, and regulations of the
23    local units of government.
24        (2) A grant of authority to use, occupy, and construct
25    facilities in the public rights-of-way for the delivery of
26    cable service or video service in the service area



SB1381 Engrossed- 29 -LRB100 08310 RJF 18414 b

1    footprint, subject to the laws, ordinances, rules, or
2    regulations of this State and local units of governments.
3        (3) A statement that the grant of authority is subject
4    to lawful operation of the cable service or video service
5    by the applicant, its affiliated entities, or its
6    successors-in-interest.
7    (e-5) The Commission shall notify a local unit of
8government within 3 business days of the grant of any
9authorization within a service area footprint if that
10authorization includes any part of the local unit of
11government's jurisdictional boundaries and state whether the
12holder will be providing video service or cable service under
13the authorization.
14    (f) The authorization issued pursuant to this Section by
15the Commission may be transferred to any successor-in-interest
16to the applicant to which it is initially granted without
17further Commission action if the successor-in-interest (i)
18submits an application and the information required by
19subsection (b) of this Section for the successor-in-interest
20and (ii) is not in violation of this Article or of any federal,
21State, or local law, ordinance, rule, or regulation. A
22successor-in-interest shall file its application and notice of
23transfer with the Commission and the relevant local units of
24government no less than 15 business days prior to the
25completion of the transfer. The Commission is not required or
26authorized to act upon the notice of transfer; however, the



SB1381 Engrossed- 30 -LRB100 08310 RJF 18414 b

1transfer is not effective until the Commission approves the
2successor-in-interest's application. A local unit of
3government or the Attorney General may seek to bar a transfer
4of ownership by filing suit in a court of competent
5jurisdiction predicated on the existence of a material and
6continuing breach of this Article by the holder, a pattern of
7noncompliance with customer service standards by the potential
8successor-in-interest, or the insolvency of the potential
9successor-in-interest. If a transfer is made when there are
10violations of this Article or of any federal, State, or local
11law, ordinance, rule, or regulation, the successor-in-interest
12shall be subject to 3 times the penalties provided for in this
14    (g) The authorization issued pursuant to this Section by
15the Commission may be terminated, or its cable service or video
16service area footprint may be modified, by the cable service
17provider or video service provider by submitting notice to the
18Commission and to the relevant local unit of government
19containing a description of the change on the same terms as the
20initial description pursuant to item (4) of subsection (b) of
21this Section. The Commission is not required or authorized to
22act upon that notice. It shall be a violation of this Article
23for a holder to discriminate against potential residential
24subscribers because of the race or income of the residents in
25the local area in which the group resides by terminating or
26modifying its cable service or video service area footprint. It



SB1381 Engrossed- 31 -LRB100 08310 RJF 18414 b

1shall be a violation of this Article for a holder to terminate
2or modify its cable service or video service area footprint if
3it leaves an area with no cable service or video service from
4any provider.
5    (h) The Commission's authority to administer this Article
6is limited to the powers and duties explicitly provided under
7this Article. Its authority under this Article does not include
8or limit the powers and duties that the Commission has under
9the other Articles of this Act, the Illinois Administrative
10Procedure Act, or any other law or regulation to conduct
11proceedings, other than as provided in subsection (c), or has
12to promulgate rules or regulations. The Commission shall not
13have the authority to limit or expand the obligations and
14requirements provided in this Section or to regulate or control
15a person or entity to the extent that person or entity is
16providing cable service or video service, except as provided in
17this Article.
18(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6,
19eff. 6-29-15.)
20    (220 ILCS 5/13-1200 rep.)
21    (220 ILCS 5/21-1601 rep.)
22    Section 10. The Public Utilities Act is amended by
23repealing Sections 13-1200 and 21-1601.
24    Section 99. Effective date. This Act takes effect upon
25becoming law.