Sen. Bill Cunningham

Filed: 5/22/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1381 as follows:
3on page 1, line 8, after "13-103,", by inserting "13-301.1,";
5on page 6, immediately below line 18, by inserting the
7    "(220 ILCS 5/13-301.1)  (from Ch. 111 2/3, par. 13-301.1)
8    (Section scheduled to be repealed on July 1, 2017)
9    Sec. 13-301.1. Universal Telephone Service Assistance
11    (a) The Commission shall by rule or regulation establish a
12Universal Telephone Service Assistance Program for low income
13residential customers. The program shall provide for a
14reduction of access line charges, a reduction of connection
15charges, or any other alternative assistance or program to



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1increase accessibility to telephone service and broadband
2Internet access service that the Commission deems advisable
3subject to the availability of funds for the program as
4provided in subsections subsection (d) and (e). The Commission
5shall establish eligibility requirements for benefits under
6the program.
7    (b) The Commission shall adopt rules providing for enhanced
8enrollment for eligible consumers to receive lifeline service.
9Enhanced enrollment may include, but is not limited to, joint
10marketing, joint application, or joint processing with the
11Low-Income Home Energy Assistance Program, the Medicaid
12Program, and the Food Stamp Program. The Department of Human
13Services, the Department of Healthcare and Family Services, and
14the Department of Commerce and Economic Opportunity, upon
15request of the Commission, shall assist in the adoption and
16implementation of those rules. The Commission and the
17Department of Human Services, the Department of Healthcare and
18Family Services, and the Department of Commerce and Economic
19Opportunity may enter into memoranda of understanding
20establishing the respective duties of the Commission and the
21Departments in relation to enhanced enrollment.
22    (c) In this Section: ,
23        "Lifeline "lifeline service" means a retail local
24    service offering described by 47 CFR C.F.R. Section
25    54.401(a), as amended.
26    (d) The Commission shall require by rule or regulation that



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



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1include, but need not be limited to, measures designed to
2notify and educate residential customers regarding the
3availability of alternative voice services with access to
49-1-1, access to and use of broadband Internet access service,
5and pricing options.
6(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)";
8by replacing line 25 on page 7 through line 18 on page 16 with
9the following:
10    "(220 ILCS 5/13-406.1 new)
11    Sec. 13-406.1. Large Electing Provider transition to
12IP-based networks and service.
13    (a) As used in this Section:
14    "Alternative voice service" means service that includes
15all of the applicable functionalities for voice telephony
16services described in 47 CFR 54.101(a).
17    "Existing customer" means a residential customer of the
18Large Electing Provider who is subscribing to a
19telecommunications service on the date the Large Electing
20Provider sends its notice under paragraph (1) of subsection (c)
21of this Section of its intent to cease offering and providing
22service. For purposes of this Section, a residential customer
23of the Large Electing Provider whose service has been
24temporarily suspended, but not finally terminated as of the



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1date that the Large Electing Provider sends such notice, shall
2be deemed to be an "existing customer".
3    "Large Electing Provider" means an Electing Provider, as
4defined in Section 13-506.2 of this Act, that reported in its
5annual competition report for the year 2016 filed with the
6Commission under Section 13-407 of this Act and 83 Ill. Adm.
7Code 793 that it provided at least 700,000 access lines to end
9    "New customer" means a residential customer who is not
10subscribing to a telecommunications service provided by the
11Large Electing Provider on the date the Large Electing Provider
12sends its notice under paragraph (1) of subsection (c) of this
13Section of its intent to cease offering and providing such
15    "Provider" includes every corporation, company,
16association, firm, partnership, and individual and their
17lessees, trustees, or receivers appointed by any court that
18sell or offer to sell an alternative voice service.
19    "Reliable access to 9-1-1" means access to 9-1-1 that
20complies with the applicable rules, regulations, and
21guidelines established by the Federal Communications
22Commission and the applicable provisions of the Emergency
23Telephone System Act and implementing rules.
24    "Willing provider" means a provider that voluntarily
25participates in the request for service process.
26    (b) Beginning June 30, 2017, a Large Electing Provider may,



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1to the extent permitted by and consistent with federal law,
2including, as applicable, approval by the Federal
3Communications Commission of the discontinuance of the
4interstate-access component of a telecommunications service,
5cease to offer and provide a telecommunications service to an
6identifiable class or group of customers, other than voice
7telecommunications service to residential customers, upon 60
8days' notice to the Commission and affected customers.
9    (c) Beginning June 30, 2017, a Large Electing Provider may,
10to the extent permitted by and consistent with federal law,
11cease to offer and provide voice telecommunications service to
12an identifiable class or group of residential customers, which,
13for the purposes of this subsection (c), shall be referred to
14as "requested service", subject to compliance with the
15following requirements:
16        (1) No less than 255 days prior to providing notice to
17    the Federal Communications Commission of its intent to
18    discontinue the interstate-access component of the
19    requested service, the Large Electing Provider shall:
20            (A) file a notice of the proposed cessation of the
21        requested service with the Commission; and
22            (B) provide notice of the proposed cessation of the
23        requested service to each of the Large Electing
24        Provider's existing customers within the affected
25        geographic area by first-class mail separate from
26        customer bills. If the customer has elected to receive



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1        electronic billing, the notice shall be sent
2        electronically and by first-class mail separate from
3        customer bills. The notice provided under this
4        subparagraph (B) must describe the requested service,
5        identify the earliest date on which the Large Electing
6        Provider intends to cease offering or providing the
7        telecommunications service, provide a telephone number
8        by which the existing customer may contact a service
9        representative of the Large Electing Provider, and
10        provide a telephone number by which the existing
11        customer may contact the Commission's Consumer
12        Services Division. The notice shall also include the
13        following statement:
14                "If you do not believe that an alternative
15            voice service including reliable access to 9-1-1
16            is available to you, from either [name of Large
17            Electing Provider] or another provider of wired or
18            wireless voice service where you live, you have the
19            right to request the Illinois Commerce Commission
20            to investigate the availability of alternative
21            voice service including reliable access to 9-1-1.
22            To do so, you must submit such a request in either
23            writing or by signing and returning a copy of this
24            notice, no later than (insert date), 60 days after
25            the date of the notice to the following address:
26            Chief Clerk of the Illinois Commerce Commission



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1            527 East Capitol Avenue
2            Springfield, Illinois 62706
3                You must include in your request a reference to
4            the notice you received from [Large Electing
5            Provider's name] and the date of notice.".
6            Thirty days following the date of notice, the Large
7        Electing Provider shall provide each customer to which
8        the notice was sent a follow-up notice containing the
9        same information and reminding customers of the
10        deadline for requesting the Commission to investigate
11        alternative voice service with access to 9-1-1.
12        (2) After June 30, 2017, and only in a geographic area
13    for which a Large Electing Provider has provided notice of
14    proposed cessation of the requested service to existing
15    customers under paragraph (1) of this subsection (c), an
16    existing customer of that provider may, within 60 days
17    after issuance of such notice, request the Commission to
18    investigate the availability of alternative voice service
19    including reliable access to 9-1-1 to that customer. For
20    the purposes of this paragraph (2), existing customers who
21    make such a request are referred to as "requesting existing
22    customers". The Large Electing Provider may cease to offer
23    or provide the requested service to existing customers who
24    do not make a request for investigation beginning 30 days
25    after issuance of the notice required by paragraph (5) of
26    this subsection (c).



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1            (A) In response to all requests and investigations
2        under this paragraph (2), the Commission shall conduct
3        a single investigation to be commenced 75 days after
4        the receipt of notice under paragraph (1) of this
5        subsection (c), and completed within 135 days after
6        commencement. The Commission shall, within 135 days
7        after commencement of the investigation, make one of
8        the findings described in subdivisions (i) and (ii) of
9        this subparagraph (A) for each requesting existing
10        customer.
11                (i) If, as a result of the investigation, the
12            Commission finds that service from at least one
13            provider offering alternative voice service
14            including reliable access to 9-1-1 through any
15            technology or medium is available to one or more
16            requesting existing customers, the Commission
17            shall declare by order that, with respect to each
18            requesting existing customer for which such a
19            finding is made, the Large Electing Provider may
20            cease to offer or provide the requested service
21            beginning 30 days after the issuance of the notice
22            required by paragraph (5) of this subsection (c).
23                (ii) If, as a result of the investigation, the
24            Commission finds that service from at least one
25            provider offering alternative voice service,
26            including reliable access to 9-1-1, through any



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



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



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1            or another provider. The Large Electing Provider
2            may request that such an order be rescinded upon a
3            showing that an alternative voice service
4            including reliable access to 9-1-1 has become
5            available to the requesting existing customer from
6            another provider.
7        (3) If the Commission receives no requests for
8    investigation from any existing customer under paragraph
9    (2) of this subsection (c) within 60 days after issuance of
10    the notice under paragraph (1) of this subsection (c), the
11    Commission shall provide written notice to the Large
12    Electing Provider of that fact no later than 75 days after
13    receipt of notice under paragraph (1) of this subsection
14    (c). Notwithstanding any provision of this subsection (c)
15    to the contrary, if no existing customer requests an
16    investigation under paragraph (2) of this subsection (c),
17    the Large Electing Provider may immediately provide the
18    notice to the Federal Communications Commission as
19    described in paragraph (4) of this subsection (c).
20        (4) At the same time that it provides notice to the
21    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 proposal to cease to offer and
25        provide the requested service with the Commission; and
26            (B) provide a notice of proposal to cease to offer



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1        and provide the requested service to existing
2        customers and new customers receiving the service at
3        the time of the notice within each affected geographic
4        area, with the notice made by first-class mail or
5        within customer bills delivered by mail or equivalent
6        means of notice, including electronic means if the
7        customer has elected to receive electronic billing.
8        The notice provided under this subparagraph (B) must
9        include a brief description of the requested service,
10        the date on which the Large Electing Provider intends
11        to cease offering or providing the telecommunications
12        service, and a statement as required by 47 CFR 63.71
13        that describes the process by which the customer may
14        submit comments to the Federal Communications
15        Commission.
16        (5) Upon approval by the Federal Communications
17    Commission of its request to discontinue the
18    interstate-access component of the requested service and
19    subject to the requirements of any order issued by the
20    Commission under subdivision (ii) of subparagraph (B) of
21    paragraph (2) of this subsection (c), the Large Electing
22    Provider may immediately cease to offer the requested
23    service to all customers not receiving the service on the
24    date of the Federal Communications Commission's approval
25    and may cease to offer and provide the requested service to
26    all customers receiving the service at the time of the



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



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1    Electing Provider's request to discontinue the
2    interstate-access component of the requested service;
3    (iii) who did not make a timely request for investigation
4    pursuant to paragraph (2) of this Section; and (iv) whose
5    service will be or has been discontinued pursuant paragraph
6    (5), may request assistance from the Large Electing
7    Provider in identifying providers of alternative voice
8    service including reliable access to 9-1-1. Within 15 days
9    of the request, the Large Electing Provider shall provide
10    the customer with a list of alternative voice service
11    providers.
12        (8) Notwithstanding any other provision of this Act,
13    except as expressly authorized by this subsection (c), the
14    Commission may not, upon its own motion or upon complaint,
15    investigate, suspend, disapprove, condition, or otherwise
16    regulate the cessation of a telecommunications service to
17    an identifiable class or group of customers once initiated
18    by a Large Electing Provider under subsection (b) or this
19    subsection (c).".