Rep. Brandon W. Phelps

Filed: 5/29/2017

 

 


 

 


 
10000SB1839ham002LRB100 06226 RJF 27247 a

1
AMENDMENT TO SENATE BILL 1839

2    AMENDMENT NO. ______. Amend Senate Bill 1839 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Emergency Telephone System Act is amended
5by changing Sections 15.3, 15.3a, and 99 as follows:
 
6    (50 ILCS 750/15.3)  (from Ch. 134, par. 45.3)
7    (Section scheduled to be repealed on July 1, 2017)
8    Sec. 15.3. Local non-wireless surcharge.
9    (a) Except as provided in subsection (l) of this Section,
10the corporate authorities of any municipality or any county
11may, subject to the limitations of subsections (c), (d), and
12(h), and in addition to any tax levied pursuant to the
13Simplified Municipal Telecommunications Tax Act, impose a
14monthly surcharge on billed subscribers of network connection
15provided by telecommunication carriers engaged in the business
16of transmitting messages by means of electricity originating

 

 

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1within the corporate limits of the municipality or county
2imposing the surcharge at a rate per network connection
3determined in accordance with subsection (c), however the
4monthly surcharge shall not apply to a network connection
5provided for use with pay telephone services. Provided,
6however, that where multiple voice grade communications
7channels are connected between the subscriber's premises and a
8public switched network through private branch exchange (PBX)
9or centrex type service, a municipality imposing a surcharge at
10a rate per network connection, as determined in accordance with
11this Act, shall impose:
12        (i) in a municipality with a population of 500,000 or
13    less or in any county, 5 such surcharges per network
14    connection, as determined in accordance with Section 2
15    subsections (a) and (d) of Section 2.12 of this Act, for
16    both regular service and advanced service provisioned
17    trunk lines;
18        (ii) in a municipality with a population, prior to
19    March 1, 2010, of 500,000 or more, 5 surcharges per network
20    connection, as determined in accordance with Section 2
21    subsections (a) and (d) of Section 2.12 of this Act, for
22    both regular service and advanced service provisioned
23    trunk lines;
24        (iii) in a municipality with a population, as of March
25    1, 2010, of 500,000 or more, 5 surcharges per network
26    connection, as determined in accordance with Section 2

 

 

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1    subsections (a) and (d) of Section 2.12 of this Act, for
2    regular service provisioned trunk lines, and 12 surcharges
3    per network connection, as determined in accordance with
4    Section 2 subsections (a) and (d) of Section 2.12 of this
5    Act, for advanced service provisioned trunk lines, except
6    where an advanced service provisioned trunk line supports
7    at least 2 but fewer than 23 simultaneous voice grade calls
8    ("VGC's"), a telecommunication carrier may elect to impose
9    fewer than 12 surcharges per trunk line as provided in
10    subsection (iv) of this Section; or
11        (iv) for an advanced service provisioned trunk line
12    connected between the subscriber's premises and the public
13    switched network through a P.B.X., where the advanced
14    service provisioned trunk line is capable of transporting
15    at least 2 but fewer than 23 simultaneous VGC's per trunk
16    line, the telecommunications carrier collecting the
17    surcharge may elect to impose surcharges in accordance with
18    the table provided in this Section, without limiting any
19    telecommunications carrier's obligations to otherwise keep
20    and maintain records. Any telecommunications carrier
21    electing to impose fewer than 12 surcharges per an advanced
22    service provisioned trunk line shall keep and maintain
23    records adequately to demonstrate the VGC capability of
24    each advanced service provisioned trunk line with fewer
25    than 12 surcharges imposed, provided that 12 surcharges
26    shall be imposed on an advanced service provisioned trunk

 

 

 

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1    line regardless of the VGC capability where a
2    telecommunications carrier cannot demonstrate the VGC
3    capability of the advanced service provisioned trunk line.
 
4Facility VGC's 911 Surcharges
5Advanced service provisioned trunk line 18-23 12
6Advanced service provisioned trunk line 12-17 10
7Advanced service provisioned trunk line 2-11 8
8    Subsections (i), (ii), (iii), and (iv) are not intended to
9make any change in the meaning of this Section, but are
10intended to remove possible ambiguity, thereby confirming the
11intent of paragraph (a) as it existed prior to and following
12the effective date of this amendatory Act of the 97th General
13Assembly.
14    For mobile telecommunications services, if a surcharge is
15imposed it shall be imposed based upon the municipality or
16county that encompasses the customer's place of primary use as
17defined in the Mobile Telecommunications Sourcing Conformity
18Act. A municipality may enter into an intergovernmental
19agreement with any county in which it is partially located,
20when the county has adopted an ordinance to impose a surcharge
21as provided in subsection (c), to include that portion of the
22municipality lying outside the county in that county's
23surcharge referendum. If the county's surcharge referendum is
24approved, the portion of the municipality identified in the

 

 

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1intergovernmental agreement shall automatically be
2disconnected from the county in which it lies and connected to
3the county which approved the referendum for purposes of a
4surcharge on telecommunications carriers.
5    (b) For purposes of computing the surcharge imposed by
6subsection (a), the network connections to which the surcharge
7shall apply shall be those in-service network connections,
8other than those network connections assigned to the
9municipality or county, where the service address for each such
10network connection or connections is located within the
11corporate limits of the municipality or county levying the
12surcharge. Except for mobile telecommunication services, the
13"service address" shall mean the location of the primary use of
14the network connection or connections. For mobile
15telecommunication services, "service address" means the
16customer's place of primary use as defined in the Mobile
17Telecommunications Sourcing Conformity Act.
18    (c) Upon the passage of an ordinance to impose a surcharge
19under this Section the clerk of the municipality or county
20shall certify the question of whether the surcharge may be
21imposed to the proper election authority who shall submit the
22public question to the electors of the municipality or county
23in accordance with the general election law; provided that such
24question shall not be submitted at a consolidated primary
25election. The public question shall be in substantially the
26following form:

 

 

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1-------------------------------------------------------------
2    Shall the county (or city, village
3or incorporated town) of ..... impose          YES
4a surcharge of up to ... per month per
5network connection, which surcharge will
6be added to the monthly bill you receive   ------------------
7for telephone or telecommunications
8charges, for the purpose of installing
9(or improving) a 9-1-1 Emergency               NO
10Telephone System?
11-------------------------------------------------------------
12    If a majority of the votes cast upon the public question
13are in favor thereof, the surcharge shall be imposed.
14    However, if a Joint Emergency Telephone System Board is to
15be created pursuant to an intergovernmental agreement under
16Section 15.4, the ordinance to impose the surcharge shall be
17subject to the approval of a majority of the total number of
18votes cast upon the public question by the electors of all of
19the municipalities or counties, or combination thereof, that
20are parties to the intergovernmental agreement.
21    The referendum requirement of this subsection (c) shall not
22apply to any municipality with a population over 500,000 or to
23any county in which a proposition as to whether a sophisticated
249-1-1 Emergency Telephone System should be installed in the
25county, at a cost not to exceed a specified monthly amount per
26network connection, has previously been approved by a majority

 

 

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1of the electors of the county voting on the proposition at an
2election conducted before the effective date of this amendatory
3Act of 1987.
4    (d) A county may not impose a surcharge, unless requested
5by a municipality, in any incorporated area which has
6previously approved a surcharge as provided in subsection (c)
7or in any incorporated area where the corporate authorities of
8the municipality have previously entered into a binding
9contract or letter of intent with a telecommunications carrier
10to provide sophisticated 9-1-1 service through municipal
11funds.
12    (e) A municipality or county may at any time by ordinance
13change the rate of the surcharge imposed under this Section if
14the new rate does not exceed the rate specified in the
15referendum held pursuant to subsection (c).
16    (f) The surcharge authorized by this Section shall be
17collected from the subscriber by the telecommunications
18carrier providing the subscriber the network connection as a
19separately stated item on the subscriber's bill.
20    (g) The amount of surcharge collected by the
21telecommunications carrier shall be paid to the particular
22municipality or county or Joint Emergency Telephone System
23Board not later than 30 days after the surcharge is collected,
24net of any network or other 9-1-1 or sophisticated 9-1-1 system
25charges then due the particular telecommunications carrier, as
26shown on an itemized bill. The telecommunications carrier

 

 

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1collecting the surcharge shall also be entitled to deduct 3% of
2the gross amount of surcharge collected to reimburse the
3telecommunications carrier for the expense of accounting and
4collecting the surcharge.
5    (h) Except as expressly provided in subsection (a) of this
6Section, on or after the effective date of this amendatory Act
7of the 98th General Assembly and until July 1, 2017, a
8municipality with a population of 500,000 or more shall not
9impose a monthly surcharge per network connection in excess of
10the highest monthly surcharge imposed as of December 31, 2020
11January 1, 2014 by any county or municipality under subsection
12(c) of this Section. On or after December 31, 2020 July 1,
132017, a municipality with a population over 500,000 may not
14impose a monthly surcharge in excess of $2.50 per network
15connection.
16    (i) Any municipality or county or joint emergency telephone
17system board that has imposed a surcharge pursuant to this
18Section prior to the effective date of this amendatory Act of
191990 shall hereafter impose the surcharge in accordance with
20subsection (b) of this Section.
21    (j) The corporate authorities of any municipality or county
22may issue, in accordance with Illinois law, bonds, notes or
23other obligations secured in whole or in part by the proceeds
24of the surcharge described in this Section. The State of
25Illinois pledges and agrees that it will not limit or alter the
26rights and powers vested in municipalities and counties by this

 

 

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1Section to impose the surcharge so as to impair the terms of or
2affect the security for bonds, notes or other obligations
3secured in whole or in part with the proceeds of the surcharge
4described in this Section. The pledge and agreement set forth
5in this Section survive the termination of the surcharge under
6subsection (l) by virtue of the replacement of the surcharge
7monies guaranteed under Section 20; the State of Illinois
8pledges and agrees that it will not limit or alter the rights
9vested in municipalities and counties to the surcharge
10replacement funds guaranteed under Section 20 so as to impair
11the terms of or affect the security for bonds, notes or other
12obligations secured in whole or in part with the proceeds of
13the surcharge described in this Section.
14    (k) Any surcharge collected by or imposed on a
15telecommunications carrier pursuant to this Section shall be
16held to be a special fund in trust for the municipality, county
17or Joint Emergency Telephone Board imposing the surcharge.
18Except for the 3% deduction provided in subsection (g) above,
19the special fund shall not be subject to the claims of
20creditors of the telecommunication carrier.
21    (l) On and after the effective date of this amendatory Act
22of the 99th General Assembly, no county or municipality, other
23than a municipality with a population over 500,000, may impose
24a monthly surcharge under this Section in excess of the amount
25imposed by it on the effective date of this Act. Any surcharge
26imposed pursuant to this Section by a county or municipality,

 

 

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1other than a municipality with a population in excess of
2500,000, shall cease to be imposed on January 1, 2016.
3(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
4    (50 ILCS 750/15.3a)
5    (Section scheduled to be repealed on July 1, 2017)
6    Sec. 15.3a. Local wireless surcharge.
7    (a) Notwithstanding any other provision of this Act, a unit
8of local government or emergency telephone system board
9providing wireless 9-1-1 service and imposing and collecting a
10wireless carrier surcharge prior to July 1, 1998 may continue
11its practices of imposing and collecting its wireless carrier
12surcharge, but, except as provided in subsection (b) of this
13Section, in no event shall that monthly surcharge exceed $2.50
14per commercial mobile radio service (CMRS) connection or
15in-service telephone number billed on a monthly basis. For
16mobile telecommunications services provided on and after
17August 1, 2002, any surcharge imposed shall be imposed based
18upon the municipality or county that encompasses the customer's
19place of primary use as defined in the Mobile
20Telecommunications Sourcing Conformity Act.
21    (b) Until December 31, 2020 July 1, 2017, the corporate
22authorities of a municipality with a population in excess of
23500,000 on the effective date of this amendatory Act of the
2499th General Assembly may by ordinance continue to impose and
25collect a monthly surcharge per commercial mobile radio service

 

 

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1(CMRS) connection or in-service telephone number billed on a
2monthly basis that does not exceed the highest monthly
3surcharge imposed as of January 1, 2014 by any county or
4municipality under subsection (c) of Section 15.3 of this Act.
5On or after December 31, 2020 July 1, 2017, the municipality
6may continue imposing and collecting its wireless carrier
7surcharge as provided in and subject to the limitations of
8subsection (a) of this Section.
9    (c) In addition to any other lawful purpose, a municipality
10with a population over 500,000 may use the moneys collected
11under this Section for any anti-terrorism or emergency
12preparedness measures, including, but not limited to,
13preparedness planning, providing local matching funds for
14federal or State grants, personnel training, and specialized
15equipment, including surveillance cameras, as needed to deal
16with natural and terrorist-inspired emergency situations or
17events.
18(Source: P.A. 99-6, eff. 1-1-16.)
 
19    (50 ILCS 750/99)
20    (Section scheduled to be repealed on July 1, 2017)
21    Sec. 99. Repealer. This Act is repealed on December 31,
222020 July 1, 2017.
23(Source: P.A. 99-6, eff. 6-29-15.)
 
24    Section 15. The Prepaid Wireless 9-1-1 Surcharge Act is

 

 

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1amended by changing Section 15 as follows:
 
2    (50 ILCS 753/15)
3    Sec. 15. Prepaid wireless 9-1-1 surcharge.
4    (a) Until September 30, 2015, there is hereby imposed on
5consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail
6transaction. Beginning October 1, 2015, the prepaid wireless
79-1-1 surcharge shall be 3% per retail transaction. The
8surcharge authorized by this subsection (a) does not apply in a
9home rule municipality having a population in excess of
10500,000.
11    (a-5) On or after the effective date of this amendatory Act
12of the 98th General Assembly and until December 31, 2020 July
131, 2017, a home rule municipality having a population in excess
14of 500,000 on the effective date of this amendatory Act may
15impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
16retail transaction sourced to that jurisdiction and collected
17and remitted in accordance with the provisions of subsection
18(b-5) of this Section. On or after December 31, 2020 July 1,
192017, a home rule municipality having a population in excess of
20500,000 on the effective date of this Act may only impose a
21prepaid wireless 9-1-1 surcharge not to exceed 7% per retail
22transaction sourced to that jurisdiction and collected and
23remitted in accordance with the provisions of subsection (b-5).
24    (b) The prepaid wireless 9-1-1 surcharge shall be collected
25by the seller from the consumer with respect to each retail

 

 

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1transaction occurring in this State and shall be remitted to
2the Department by the seller as provided in this Act. The
3amount of the prepaid wireless 9-1-1 surcharge shall be
4separately stated as a distinct item apart from the charge for
5the prepaid wireless telecommunications service on an invoice,
6receipt, or other similar document that is provided to the
7consumer by the seller or shall be otherwise disclosed to the
8consumer. If the seller does not separately state the surcharge
9as a distinct item to the consumer as provided in this Section,
10then the seller shall maintain books and records as required by
11this Act which clearly identify the amount of the 9-1-1
12surcharge for retail transactions.
13    For purposes of this subsection (b), a retail transaction
14occurs in this State if (i) the retail transaction is made in
15person by a consumer at the seller's business location and the
16business is located within the State; (ii) the seller is a
17provider and sells prepaid wireless telecommunications service
18to a consumer located in Illinois; (iii) the retail transaction
19is treated as occurring in this State for purposes of the
20Retailers' Occupation Tax Act; or (iv) a seller that is
21included within the definition of a "retailer maintaining a
22place of business in this State" under Section 2 of the Use Tax
23Act makes a sale of prepaid wireless telecommunications service
24to a consumer located in Illinois. In the case of a retail
25transaction which does not occur in person at a seller's
26business location, if a consumer uses a credit card to purchase

 

 

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1prepaid wireless telecommunications service on-line or over
2the telephone, and no product is shipped to the consumer, the
3transaction occurs in this State if the billing address for the
4consumer's credit card is in this State.
5    (b-5) The prepaid wireless 9-1-1 surcharge imposed under
6subsection (a-5) of this Section shall be collected by the
7seller from the consumer with respect to each retail
8transaction occurring in the municipality imposing the
9surcharge. The amount of the prepaid wireless 9-1-1 surcharge
10shall be separately stated on an invoice, receipt, or other
11similar document that is provided to the consumer by the seller
12or shall be otherwise disclosed to the consumer. If the seller
13does not separately state the surcharge as a distinct item to
14the consumer as provided in this Section, then the seller shall
15maintain books and records as required by this Act which
16clearly identify the amount of the 9-1-1 surcharge for retail
17transactions.
18    For purposes of this subsection (b-5), a retail transaction
19occurs in the municipality if (i) the retail transaction is
20made in person by a consumer at the seller's business location
21and the business is located within the municipality; (ii) the
22seller is a provider and sells prepaid wireless
23telecommunications service to a consumer located in the
24municipality; (iii) the retail transaction is treated as
25occurring in the municipality for purposes of the Retailers'
26Occupation Tax Act; or (iv) a seller that is included within

 

 

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1the definition of a "retailer maintaining a place of business
2in this State" under Section 2 of the Use Tax Act makes a sale
3of prepaid wireless telecommunications service to a consumer
4located in the municipality. In the case of a retail
5transaction which does not occur in person at a seller's
6business location, if a consumer uses a credit card to purchase
7prepaid wireless telecommunications service on-line or over
8the telephone, and no product is shipped to the consumer, the
9transaction occurs in the municipality if the billing address
10for the consumer's credit card is in the municipality.
11    (c) The prepaid wireless 9-1-1 surcharge is imposed on the
12consumer and not on any provider. The seller shall be liable to
13remit all prepaid wireless 9-1-1 surcharges that the seller
14collects from consumers as provided in Section 20, including
15all such surcharges that the seller is deemed to collect where
16the amount of the surcharge has not been separately stated on
17an invoice, receipt, or other similar document provided to the
18consumer by the seller. The surcharge collected or deemed
19collected by a seller shall constitute a debt owed by the
20seller to this State, and any such surcharge actually collected
21shall be held in trust for the benefit of the Department.
22    For purposes of this subsection (c), the surcharge shall
23not be imposed or collected from entities that have an active
24tax exemption identification number issued by the Department
25under Section 1g of the Retailers' Occupation Tax Act.
26    (d) The amount of the prepaid wireless 9-1-1 surcharge that

 

 

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1is collected by a seller from a consumer, if such amount is
2separately stated on an invoice, receipt, or other similar
3document provided to the consumer by the seller, shall not be
4included in the base for measuring any tax, fee, surcharge, or
5other charge that is imposed by this State, any political
6subdivision of this State, or any intergovernmental agency.
7    (e) (Blank).
8    (e-5) Any changes in the rate of the surcharge imposed by a
9municipality under the authority granted in subsection (a-5) of
10this Section shall be effective on the first day of the first
11calendar month to occur at least 60 days after the enactment of
12the change. The Department shall provide not less than 30 days'
13notice of the increase or reduction in the rate of such
14surcharge on the Department's website.
15    (f) When prepaid wireless telecommunications service is
16sold with one or more other products or services for a single,
17non-itemized price, then the percentage specified in
18subsection (a) or (a-5) of this Section 15 shall be applied to
19the entire non-itemized price unless the seller elects to apply
20the percentage to (i) the dollar amount of the prepaid wireless
21telecommunications service if that dollar amount is disclosed
22to the consumer or (ii) the portion of the price that is
23attributable to the prepaid wireless telecommunications
24service if the retailer can identify that portion by reasonable
25and verifiable standards from its books and records that are
26kept in the regular course of business for other purposes,

 

 

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1including, but not limited to, books and records that are kept
2for non-tax purposes. However, if a minimal amount of prepaid
3wireless telecommunications service is sold with a prepaid
4wireless device for a single, non-itemized price, then the
5seller may elect not to apply the percentage specified in
6subsection (a) or (a-5) of this Section 15 to such transaction.
7For purposes of this subsection, an amount of service
8denominated as 10 minutes or less or $5 or less is considered
9minimal.
10    (g) The prepaid wireless 9-1-1 surcharge imposed under
11subsections (a) and (a-5) of this Section is not imposed on the
12provider or the consumer for wireless Lifeline service where
13the consumer does not pay the provider for the service. Where
14the consumer purchases from the provider optional minutes,
15texts, or other services in addition to the federally funded
16Lifeline benefit, a consumer must pay the prepaid wireless
179-1-1 surcharge, and it must be collected by the seller
18according to subsection (b-5).
19(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
20    Section 20. The Public Utilities Act is amended by changing
21Sections 13-506.2, 13-1200, 21-1601, 21-401, and 21-1601 as
22follows:
 
23    (220 ILCS 5/13-506.2)
24    (Section scheduled to be repealed on July 1, 2017)

 

 

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1    Sec. 13-506.2. Market regulation for competitive retail
2services.
3    (a) Definitions. As used in this Section:
4        (1) "Electing Provider" means a telecommunications
5    carrier that is subject to either rate regulation pursuant
6    to Section 13-504 or Section 13-505 or alternative
7    regulation pursuant to Section 13-506.1 and that elects to
8    have the rates, terms, and conditions of its competitive
9    retail telecommunications services solely determined and
10    regulated pursuant to the terms of this Article.
11        (2) "Basic local exchange service" means either a
12    stand-alone residence network access line and per-call
13    usage or, for any geographic area in which such stand-alone
14    service is not offered, a stand-alone flat rate residence
15    network access line for which local calls are not charged
16    for frequency or duration. Extended Area Service shall be
17    included in basic local exchange service.
18        (3) "Existing customer" means a residential customer
19    who was subscribing to one of the optional packages
20    described in subsection (d) of this Section as of the
21    effective date of this amendatory Act of the 99th General
22    Assembly. A customer who was subscribing to one of the
23    optional packages on that date but stops subscribing
24    thereafter shall not be considered an "existing customer"
25    as of the date the customer stopped subscribing to the
26    optional package, unless the stoppage is temporary and

 

 

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1    caused by the customer changing service address locations,
2    or unless the customer resumes subscribing and is eligible
3    to receive discounts on monthly telephone service under the
4    federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
5        (4) "New customer" means a residential customer who was
6    not subscribing to one of the optional packages described
7    in subsection (d) of this Section as of the effective date
8    of this amendatory Act of the 99th General Assembly and who
9    is eligible to receive discounts on monthly telephone
10    service under the federal Lifeline program, 47 C.F.R. Part
11    54, Subpart E.
12    (b) Election for market regulation. Notwithstanding any
13other provision of this Act, an Electing Provider may elect to
14have the rates, terms, and conditions of its competitive retail
15telecommunications services solely determined and regulated
16pursuant to the terms of this Section by filing written notice
17of its election for market regulation with the Commission. The
18notice of election shall designate the geographic area of the
19Electing Provider's service territory where the market
20regulation shall apply, either on a state-wide basis or in one
21or more specified Market Service Areas ("MSA") or Exchange
22areas. An Electing Provider shall not make an election for
23market regulation under this Section unless it commits in its
24written notice of election for market regulation to fulfill the
25conditions and requirements in this Section in each geographic
26area in which market regulation is elected. Immediately upon

 

 

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1filing the notice of election for market regulation, the
2Electing Provider shall be subject to the jurisdiction of the
3Commission to the extent expressly provided in this Section.
4    (c) Competitive classification. Market regulation shall be
5available for competitive retail telecommunications services
6as provided in this subsection.
7        (1) For geographic areas in which telecommunications
8    services provided by the Electing Provider were classified
9    as competitive either through legislative action or a
10    tariff filing pursuant to Section 13-502 prior to January
11    1, 2010, and that are included in the Electing Provider's
12    notice of election pursuant to subsection (b) of this
13    Section, such services, and all recurring and nonrecurring
14    charges associated with, related to or used in connection
15    with such services, shall be classified as competitive
16    without further Commission review. For services classified
17    as competitive pursuant to this subsection, the
18    requirements or conditions in any order or decision
19    rendered by the Commission pursuant to Section 13-502 prior
20    to the effective date of this amendatory Act of the 96th
21    General Assembly, except for the commitments made by the
22    Electing Provider in such order or decision concerning the
23    optional packages required in subsection (d) of this
24    Section and basic local exchange service as defined in this
25    Section, shall no longer be in effect and no Commission
26    investigation, review, or proceeding under Section 13-502

 

 

10000SB1839ham002- 21 -LRB100 06226 RJF 27247 a

1    shall be continued, conducted, or maintained with respect
2    to such services, charges, requirements, or conditions. If
3    an Electing Provider has ceased providing optional
4    packages to customers pursuant to subdivision (d)(8) of
5    this Section, the commitments made by the Electing Provider
6    in such order or decision concerning the optional packages
7    under subsection (d) of this Section shall no longer be in
8    effect and no Commission investigation, review, or
9    proceeding under Section 13-502 shall be continued,
10    conducted, or maintained with respect to such packages.
11        (2) For those geographic areas in which residential
12    local exchange telecommunications services have not been
13    classified as competitive as of the effective date of this
14    amendatory Act of the 96th General Assembly, all
15    telecommunications services provided to residential and
16    business end users by an Electing Provider in the
17    geographic area that is included in its notice of election
18    pursuant to subsection (b) shall be classified as
19    competitive for purposes of this Article without further
20    Commission review.
21        (3) If an Electing Provider was previously subject to
22    alternative regulation pursuant to Section 13-506.1 of
23    this Article, the alternative regulation plan shall
24    terminate in whole for all services subject to that plan
25    and be of no force or effect, without further Commission
26    review or action, when the Electing Provider's residential

 

 

10000SB1839ham002- 22 -LRB100 06226 RJF 27247 a

1    local exchange telecommunications service in each MSA in
2    its telecommunications service area in the State has been
3    classified as competitive pursuant to either subdivision
4    (c)(1) or (c)(2) of this Section.
5        (4) The service packages described in Section 13-518
6    shall be classified as competitive for purposes of this
7    Section if offered by an Electing Provider in a geographic
8    area in which local exchange telecommunications service
9    has been classified as competitive pursuant to either
10    subdivision (c)(1) or (c)(2) of this Section.
11        (5) Where a service, or its functional equivalent, or a
12    substitute service offered by a carrier that is not an
13    Electing Provider or the incumbent local exchange carrier
14    for that area is also being offered by an Electing Provider
15    for some identifiable class or group of customers in an
16    exchange, group of exchanges, or some other clearly defined
17    geographical area, the service offered by a carrier that is
18    not an Electing Provider or the incumbent local exchange
19    carrier for that area shall be classified as competitive
20    without further Commission review.
21        (6) Notwithstanding any other provision of this Act,
22    retail telecommunications services classified as
23    competitive pursuant to Section 13-502 or subdivision
24    (c)(5) of this Section shall have their rates, terms, and
25    conditions solely determined and regulated pursuant to the
26    terms of this Section in the same manner and to the same

 

 

10000SB1839ham002- 23 -LRB100 06226 RJF 27247 a

1    extent as the competitive retail telecommunications
2    services of an Electing Provider, except that subsections
3    (d), (g), and (j) of this Section shall not apply to a
4    carrier that is not an Electing Provider or to the
5    competitive telecommunications services of a carrier that
6    is not an Electing Provider. The access services of a
7    carrier that is not an Electing Provider shall remain
8    subject to Section 13-900.2. The requirements in
9    subdivision (e)(3) of this Section shall not apply to
10    retail telecommunications services classified as
11    competitive pursuant to Section 13-502 or subdivision
12    (c)(5) of this Section, except that, upon request from the
13    Commission, the telecommunications carrier providing
14    competitive retail telecommunications services shall
15    provide a report showing the number of credits and
16    exemptions for the requested time period.
17    (d) Consumer choice safe harbor options.
18        (1) Subject to subdivision (d)(8) of this Section, an
19    Electing Provider in each of the MSA or Exchange areas
20    classified as competitive pursuant to subdivision (c)(1)
21    or (c)(2) of this Section shall offer to all residential
22    customers who choose to subscribe the following optional
23    packages of services priced at the same rate levels in
24    effect on January 1, 2010:
25            (A) A basic package, which shall consist of a
26        stand-alone residential network access line and 30

 

 

10000SB1839ham002- 24 -LRB100 06226 RJF 27247 a

1        local calls. If the Electing Provider offers a
2        stand-alone residential access line and local usage on
3        a per call basis, the price for the basic package shall
4        be the Electing Provider's applicable price in effect
5        on January 1, 2010 for the sum of a residential access
6        line and 30 local calls, additional calls over 30 calls
7        shall be provided at the current per call rate.
8        However, this basic package is not required if
9        stand-alone residential network access lines or
10        per-call local usage are not offered by the Electing
11        Provider in the geographic area on January 1, 2010 or
12        if the Electing Provider has not increased its
13        stand-alone network access line and local usage rates,
14        including Extended Area Service rates, since January
15        1, 2010.
16            (B) An extra package, which shall consist of
17        residential basic local exchange network access line
18        and unlimited local calls. The price for the extra
19        package shall be the Electing Provider's applicable
20        price in effect on January 1, 2010 for a residential
21        access line with unlimited local calls.
22            (C) A plus package, which shall consist of
23        residential basic local exchange network access line,
24        unlimited local calls, and the customer's choice of 2
25        vertical services offered by the Electing Provider.
26        The term "vertical services" as used in this

 

 

10000SB1839ham002- 25 -LRB100 06226 RJF 27247 a

1        subsection, includes, but is not limited to, call
2        waiting, call forwarding, 3-way calling, caller ID,
3        call tracing, automatic callback, repeat dialing, and
4        voicemail. The price for the plus package shall be the
5        Electing Provider's applicable price in effect on
6        January 1, 2010 for the sum of a residential access
7        line with unlimited local calls and 2 times the average
8        price for the vertical features included in the
9        package.
10        (2) Subject to subdivision (d)(8) of this Section, for
11    those geographic areas in which local exchange
12    telecommunications services were classified as competitive
13    on the effective date of this amendatory Act of the 96th
14    General Assembly, an Electing Provider in each such MSA or
15    Exchange area shall be subject to the same terms and
16    conditions as provided in commitments made by the Electing
17    Provider in connection with such previous competitive
18    classifications, which shall apply with equal force under
19    this Section, except as follows: (i) the limits on price
20    increases on the optional packages required by this Section
21    shall be extended consistent with subsection (d)(1) of this
22    Section and (ii) the price for the extra package required
23    by subsection (d)(1)(B) shall be reduced by one dollar from
24    the price in effect on January 1, 2010. In addition, if an
25    Electing Provider obtains a competitive classification
26    pursuant to subsection (c)(1) and (c)(2), the price for the

 

 

10000SB1839ham002- 26 -LRB100 06226 RJF 27247 a

1    optional packages shall be determined in such area in
2    compliance with subsection (d)(1), except the price for the
3    plus package required by subsection (d)(1) (C) shall be the
4    lower of the price for such area or the price of the plus
5    package in effect on January 1, 2010 for areas classified
6    as competitive pursuant to subsection (c)(1).
7        (3) To the extent that the requirements in Section
8    13-518 applied to a telecommunications carrier prior to the
9    effective date of this Section and that telecommunications
10    carrier becomes an Electing Provider in accordance with the
11    provisions of this Section, the requirements in Section
12    13-518 shall cease to apply to that Electing Provider in
13    those geographic areas included in the Electing Provider's
14    notice of election pursuant to subsection (b) of this
15    Section.
16        (4) Subject to subdivision (d)(8) of this Section, an
17    Electing Provider shall make the optional packages
18    required by this subsection and stand-alone residential
19    network access lines and local usage, where offered,
20    readily available to the public by providing information,
21    in a clear manner, to residential customers. Information
22    shall be made available on a website, and an Electing
23    Provider shall provide notification to its customers every
24    6 months, provided that notification may consist of a bill
25    page message that provides an objective description of the
26    safe harbor options that includes a telephone number and

 

 

10000SB1839ham002- 27 -LRB100 06226 RJF 27247 a

1    website address where the customer may obtain additional
2    information about the packages from the Electing Provider.
3    The optional packages shall be offered on a monthly basis
4    with no term of service requirement. An Electing Provider
5    shall allow online electronic ordering of the optional
6    packages and stand-alone residential network access lines
7    and local usage, where offered, on its website in a manner
8    similar to the online electronic ordering of its other
9    residential services.
10        (5) Subject to subdivision (d)(8) of this Section, an
11    Electing Provider shall comply with the Commission's
12    existing rules, regulations, and notices in Title 83, Part
13    735 of the Illinois Administrative Code when offering or
14    providing the optional packages required by this
15    subsection (d) and stand-alone residential network access
16    lines.
17        (6) Subject to subdivision (d)(8) of this Section, an
18    Electing Provider shall provide to the Commission
19    semi-annual subscribership reports as of June 30 and
20    December 31 that contain the number of its customers
21    subscribing to each of the consumer choice safe harbor
22    packages required by subsection (d)(1) of this Section and
23    the number of its customers subscribing to retail
24    residential basic local exchange service as defined in
25    subsection (a)(2) of this Section. The first semi-annual
26    reports shall be made on April 1, 2011 for December 31,

 

 

10000SB1839ham002- 28 -LRB100 06226 RJF 27247 a

1    2010, and on September 1, 2011 for June 30, 2011, and
2    semi-annually on April 1 and September 1 thereafter. Such
3    subscribership information shall be accorded confidential
4    and proprietary treatment upon request by the Electing
5    Provider.
6        (7) The Commission shall have the power, after notice
7    and hearing as provided in this Article, upon complaint or
8    upon its own motion, to take corrective action if the
9    requirements of this Section are not complied with by an
10    Electing Provider.
11        (8) On and after the effective date of this amendatory
12    Act of the 99th General Assembly, an Electing Provider
13    shall continue to offer and provide the optional packages
14    described in this subsection (d) to existing customers and
15    new customers. On and after December 31, 2020 July 1, 2017,
16    an Electing Provider may immediately stop offering the
17    optional packages described in this subsection (d) and,
18    upon providing two notices to affected customers and to the
19    Commission, may stop providing the optional packages
20    described in this subsection (d) to all customers who
21    subscribe to one of the optional packages. The first notice
22    shall be provided at least 90 days before the date upon
23    which the Electing Provider intends to stop providing the
24    optional packages, and the second notice must be provided
25    at least 30 days before that date. The first notice shall
26    not be provided prior to December 31, 2020 July 1, 2017.

 

 

10000SB1839ham002- 29 -LRB100 06226 RJF 27247 a

1    Each notice must identify the date on which the Electing
2    Provider intends to stop providing the optional packages,
3    at least one alternative service available to the customer,
4    and a telephone number by which the customer may contact a
5    service representative of the Electing Provider. After
6    December 31, 2020 July 1, 2017 with respect to new
7    customers, and upon the expiration of the second notice
8    period with respect to customers who were subscribing to
9    one of the optional packages, subdivisions (d)(1), (d)(2),
10    (d)(4), (d)(5), (d)(6), and (d)(7) of this Section shall
11    not apply to the Electing Provider. Notwithstanding any
12    other provision of this Article, an Electing Provider that
13    has ceased providing the optional packages under this
14    subdivision (d)(8) is not subject to Section 13-301(1)(c)
15    of this Act. Notwithstanding any other provision of this
16    Act, and subject to subdivision (d)(7) of this Section, the
17    Commission's authority over the discontinuance of the
18    optional packages described in this subsection (d) by an
19    Electing Provider shall be governed solely by this
20    subsection (d)(8).
21    (e) Service quality and customer credits for basic local
22exchange service.
23        (1) An Electing Provider shall meet the following
24    service quality standards in providing basic local
25    exchange service, which for purposes of this subsection
26    (e), includes both basic local exchange service and any

 

 

10000SB1839ham002- 30 -LRB100 06226 RJF 27247 a

1    consumer choice safe harbor options that may be required by
2    subsection (d) of this Section.
3            (A) Install basic local exchange service within 5
4        business days after receipt of an order from the
5        customer unless the customer requests an installation
6        date that is beyond 5 business days after placing the
7        order for basic service and to inform the customer of
8        the Electing Provider's duty to install service within
9        this timeframe. If installation of service is
10        requested on or by a date more than 5 business days in
11        the future, the Electing Provider shall install
12        service by the date requested.
13            (B) Restore basic local exchange service for the
14        customer within 30 hours after receiving notice that
15        the customer is out of service.
16            (C) Keep all repair and installation appointments
17        for basic local exchange service if a customer premises
18        visit requires a customer to be present. The
19        appointment window shall be either a specific time or,
20        at a maximum, a 4-hour time block during evening,
21        weekend, and normal business hours.
22            (D) Inform a customer when a repair or installation
23        appointment requires the customer to be present.
24        (2) Customers shall be credited by the Electing
25    Provider for violations of basic local exchange service
26    quality standards described in subdivision (e)(1) of this

 

 

10000SB1839ham002- 31 -LRB100 06226 RJF 27247 a

1    Section. The credits shall be applied automatically on the
2    statement issued to the customer for the next monthly
3    billing cycle following the violation or following the
4    discovery of the violation. The next monthly billing cycle
5    following the violation or the discovery of the violation
6    means the billing cycle immediately following the billing
7    cycle in process at the time of the violation or discovery
8    of the violation, provided the total time between the
9    violation or discovery of the violation and the issuance of
10    the credit shall not exceed 60 calendar days. The Electing
11    Provider is responsible for providing the credits and the
12    customer is under no obligation to request such credits.
13    The following credits shall apply:
14            (A) If an Electing Provider fails to repair an
15        out-of-service condition for basic local exchange
16        service within 30 hours, the Electing Provider shall
17        provide a credit to the customer. If the service
18        disruption is for more than 30 hours, but not more than
19        48 hours, the credit must be equal to a pro-rata
20        portion of the monthly recurring charges for all basic
21        local exchange services disrupted. If the service
22        disruption is for more than 48 hours, but not more than
23        72 hours, the credit must be equal to at least 33% of
24        one month's recurring charges for all local services
25        disrupted. If the service disruption is for more than
26        72 hours, but not more than 96 hours, the credit must

 

 

10000SB1839ham002- 32 -LRB100 06226 RJF 27247 a

1        be equal to at least 67% of one month's recurring
2        charges for all basic local exchange services
3        disrupted. If the service disruption is for more than
4        96 hours, but not more than 120 hours, the credit must
5        be equal to one month's recurring charges for all basic
6        local exchange services disrupted. For each day or
7        portion thereof that the service disruption continues
8        beyond the initial 120-hour period, the Electing
9        Provider shall also provide an additional credit of $20
10        per calendar day.
11            (B) If an Electing Provider fails to install basic
12        local exchange service as required under subdivision
13        (e)(1) of this Section, the Electing Provider shall
14        waive 50% of any installation charges, or in the
15        absence of an installation charge or where
16        installation is pursuant to the Link Up program, the
17        Electing Provider shall provide a credit of $25. If an
18        Electing Provider fails to install service within 10
19        business days after the service application is placed,
20        or fails to install service within 5 business days
21        after the customer's requested installation date, if
22        the requested date was more than 5 business days after
23        the date of the order, the Electing Provider shall
24        waive 100% of the installation charge, or in the
25        absence of an installation charge or where
26        installation is provided pursuant to the Link Up

 

 

10000SB1839ham002- 33 -LRB100 06226 RJF 27247 a

1        program, the Electing Provider shall provide a credit
2        of $50. For each day that the failure to install
3        service continues beyond the initial 10 business days,
4        or beyond 5 business days after the customer's
5        requested installation date, if the requested date was
6        more than 5 business days after the date of the order,
7        the Electing Provider shall also provide an additional
8        credit of $20 per calendar day until the basic local
9        exchange service is installed.
10            (C) If an Electing Provider fails to keep a
11        scheduled repair or installation appointment when a
12        customer premises visit requires a customer to be
13        present as required under subdivision (e)(1) of this
14        Section, the Electing Provider shall credit the
15        customer $25 per missed appointment. A credit required
16        by this subdivision does not apply when the Electing
17        Provider provides the customer notice of its inability
18        to keep the appointment no later than 8:00 pm of the
19        day prior to the scheduled date of the appointment.
20            (D) Credits required by this subsection do not
21        apply if the violation of a service quality standard:
22                (i) occurs as a result of a negligent or
23            willful act on the part of the customer;
24                (ii) occurs as a result of a malfunction of
25            customer-owned telephone equipment or inside
26            wiring;

 

 

10000SB1839ham002- 34 -LRB100 06226 RJF 27247 a

1                (iii) occurs as a result of, or is extended by,
2            an emergency situation as defined in 83 Ill. Adm.
3            Code 732.10;
4                (iv) is extended by the Electing Provider's
5            inability to gain access to the customer's
6            premises due to the customer missing an
7            appointment, provided that the violation is not
8            further extended by the Electing Provider;
9                (v) occurs as a result of a customer request to
10            change the scheduled appointment, provided that
11            the violation is not further extended by the
12            Electing Provider;
13                (vi) occurs as a result of an Electing
14            Provider's right to refuse service to a customer as
15            provided in Commission rules; or
16                (vii) occurs as a result of a lack of
17            facilities where a customer requests service at a
18            geographically remote location, where a customer
19            requests service in a geographic area where the
20            Electing Provider is not currently offering
21            service, or where there are insufficient
22            facilities to meet the customer's request for
23            service, subject to an Electing Provider's
24            obligation for reasonable facilities planning.
25        (3) Each Electing Provider shall provide to the
26    Commission on a quarterly basis and in a form suitable for

 

 

10000SB1839ham002- 35 -LRB100 06226 RJF 27247 a

1    posting on the Commission's website in conformance with the
2    rules adopted by the Commission and in effect on April 1,
3    2010, a public report that includes the following data for
4    basic local exchange service quality of service:
5            (A) With regard to credits due in accordance with
6        subdivision (e)(2)(A) as a result of out-of-service
7        conditions lasting more than 30 hours:
8                (i) the total dollar amount of any customer
9            credits paid;
10                (ii) the number of credits issued for repairs
11            between 30 and 48 hours;
12                (iii) the number of credits issued for repairs
13            between 49 and 72 hours;
14                (iv) the number of credits issued for repairs
15            between 73 and 96 hours;
16                (v) the number of credits used for repairs
17            between 97 and 120 hours;
18                (vi) the number of credits issued for repairs
19            greater than 120 hours; and
20                (vii) the number of exemptions claimed for
21            each of the categories identified in subdivision
22            (e)(2)(D).
23            (B) With regard to credits due in accordance with
24        subdivision (e)(2)(B) as a result of failure to install
25        basic local exchange service:
26                (i) the total dollar amount of any customer

 

 

10000SB1839ham002- 36 -LRB100 06226 RJF 27247 a

1            credits paid;
2                (ii) the number of installations after 5
3            business days;
4                (iii) the number of installations after 10
5            business days;
6                (iv) the number of installations after 11
7            business days; and
8                (v) the number of exemptions claimed for each
9            of the categories identified in subdivision
10            (e)(2)(D).
11            (C) With regard to credits due in accordance with
12        subdivision (e)(2)(C) as a result of missed
13        appointments:
14                (i) the total dollar amount of any customer
15            credits paid;
16                (ii) the number of any customers receiving
17            credits; and
18                (iii) the number of exemptions claimed for
19            each of the categories identified in subdivision
20            (e)(2)(D).
21            (D) The Electing Provider's annual report required
22        by this subsection shall also include, for
23        informational reporting, the performance data
24        described in subdivisions (e)(2)(A), (e)(2)(B), and
25        (e)(2)(C), and trouble reports per 100 access lines
26        calculated using the Commission's existing applicable

 

 

10000SB1839ham002- 37 -LRB100 06226 RJF 27247 a

1        rules and regulations for such measures, including the
2        requirements for service standards established in this
3        Section.
4        (4) It is the intent of the General Assembly that the
5    service quality rules and customer credits in this
6    subsection (e) of this Section and other enforcement
7    mechanisms, including fines and penalties authorized by
8    Section 13-305, shall apply on a nondiscriminatory basis to
9    all Electing Providers. Accordingly, notwithstanding any
10    provision of any service quality rules promulgated by the
11    Commission, any alternative regulation plan adopted by the
12    Commission, or any other order of the Commission, any
13    Electing Provider that is subject to any other order of the
14    Commission and that violates or fails to comply with the
15    service quality standards promulgated pursuant to this
16    subsection (e) or any other order of the Commission shall
17    not be subject to any fines, penalties, customer credits,
18    or enforcement mechanisms other than such fines or
19    penalties or customer credits as may be imposed by the
20    Commission in accordance with the provisions of this
21    subsection (e) and Section 13-305, which are to be
22    generally applicable to all Electing Providers. The amount
23    of any fines or penalties imposed by the Commission for
24    failure to comply with the requirements of this subsection
25    (e) shall be an appropriate amount, taking into account, at
26    a minimum, the Electing Provider's gross annual intrastate

 

 

10000SB1839ham002- 38 -LRB100 06226 RJF 27247 a

1    revenue; the frequency, duration, and recurrence of the
2    violation; and the relative harm caused to the affected
3    customers or other users of the network. In imposing fines
4    and penalties, the Commission shall take into account
5    compensation or credits paid by the Electing Provider to
6    its customers pursuant to this subsection (e) in
7    compensation for any violation found pursuant to this
8    subsection (e), and in any event the fine or penalty shall
9    not exceed an amount equal to the maximum amount of a civil
10    penalty that may be imposed under Section 13-305.
11        (5) An Electing Provider in each of the MSA or Exchange
12    areas classified as competitive pursuant to subsection (c)
13    of this Section shall fulfill the requirements in
14    subdivision (e)(3) of this Section for 3 years after its
15    notice of election becomes effective. After such 3 years,
16    the requirements in subdivision (e)(3) of this Section
17    shall not apply to such Electing Provider, except that,
18    upon request from the Commission, the Electing Provider
19    shall provide a report showing the number of credits and
20    exemptions for the requested time period.
21    (f) Commission jurisdiction over competitive retail
22telecommunications services. Except as otherwise expressly
23stated in this Section, the Commission shall thereafter have no
24jurisdiction or authority over any aspect of competitive retail
25telecommunications service of an Electing Provider in those
26geographic areas included in the Electing Provider's notice of

 

 

10000SB1839ham002- 39 -LRB100 06226 RJF 27247 a

1election pursuant to subsection (b) of this Section or of a
2retail telecommunications service classified as competitive
3pursuant to Section 13-502 or subdivision (c)(5) of this
4Section, heretofore subject to the jurisdiction of the
5Commission, including but not limited to, any requirements of
6this Article related to the terms, conditions, rates, quality
7of service, availability, classification or any other aspect of
8any competitive retail telecommunications services. No
9telecommunications carrier shall commit any unfair or
10deceptive act or practice in connection with any aspect of the
11offering or provision of any competitive retail
12telecommunications service. Nothing in this Article shall
13limit or affect any provisions in the Consumer Fraud and
14Deceptive Business Practices Act with respect to any unfair or
15deceptive act or practice by a telecommunications carrier.
16    (g) Commission authority over access services upon
17election for market regulation.
18        (1) As part of its Notice of Election for Market
19    Regulation, the Electing Provider shall reduce its
20    intrastate switched access rates to rates no higher than
21    its interstate switched access rates in 4 installments. The
22    first reduction must be made 30 days after submission of
23    its complete application for Notice of Election for Market
24    Regulation, and the Electing Provider must reduce its
25    intrastate switched access rates by an amount equal to 33%
26    of the difference between its current intrastate switched

 

 

10000SB1839ham002- 40 -LRB100 06226 RJF 27247 a

1    access rates and its current interstate switched access
2    rates. The second reduction must be made no later than one
3    year after the first reduction, and the Electing Provider
4    must reduce its then current intrastate switched access
5    rates by an amount equal to 41% of the difference between
6    its then current intrastate switched access rates and its
7    then current interstate switched access rates. The third
8    reduction must be made no later than one year after the
9    second reduction, and the Electing Provider must reduce its
10    then current intrastate switched access rates by an amount
11    equal to 50% of the difference between its then current
12    intrastate switched access rate and its then current
13    interstate switched access rates. The fourth reduction
14    must be made on or before June 30, 2013, and the Electing
15    Provider must reduce its intrastate switched access rate to
16    mirror its then current interstate switched access rates
17    and rate structure. Following the fourth reduction, each
18    Electing Provider must continue to set its intrastate
19    switched access rates to mirror its interstate switched
20    access rates and rate structure. For purposes of this
21    subsection, the rate for intrastate switched access
22    service means the composite, per-minute rate for that
23    service, including all applicable fixed and
24    traffic-sensitive charges, including, but not limited to,
25    carrier common line charges.
26        (2) Nothing in paragraph (1) of this subsection (g)

 

 

10000SB1839ham002- 41 -LRB100 06226 RJF 27247 a

1    prohibits an Electing Provider from electing to offer
2    intrastate switched access service at rates lower than its
3    interstate switched access rates.
4        (3) The Commission shall have no authority to order an
5    Electing Provider to set its rates for intrastate switched
6    access at a level lower than its interstate switched access
7    rates.
8        (4) The Commission's authority under this subsection
9    (g) shall only apply to Electing Providers under Market
10    Regulation. The Commission's authority over switched
11    access services for all other carriers is retained under
12    Section 13-900.2 of this Act.
13    (h) Safety of service equipment and facilities.
14        (1) An Electing Provider shall furnish, provide, and
15    maintain such service instrumentalities, equipment, and
16    facilities as shall promote the safety, health, comfort,
17    and convenience of its patrons, employees, and public and
18    as shall be in all respects adequate, reliable, and
19    efficient without discrimination or delay. Every Electing
20    Provider shall provide service and facilities that are in
21    all respects environmentally safe.
22        (2) The Commission is authorized to conduct an
23    investigation of any Electing Provider or part thereof. The
24    investigation may examine the reasonableness, prudence, or
25    efficiency of any aspect of the Electing Provider's
26    operations or functions that may affect the adequacy,

 

 

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1    safety, efficiency, or reliability of telecommunications
2    service. The Commission may conduct or order an
3    investigation only when it has reasonable grounds to
4    believe that the investigation is necessary to assure that
5    the Electing Provider is providing adequate, efficient,
6    reliable, and safe service. The Commission shall, before
7    initiating any such investigation, issue an order
8    describing the grounds for the investigation and the
9    appropriate scope and nature of the investigation, which
10    shall be reasonably related to the grounds relied upon by
11    the Commission in its order.
12    (i) (Blank).
13    (j) Application of Article VII. The provisions of Sections
147-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
15applicable to an Electing Provider offering or providing retail
16telecommunications service, and the Commission's regulation
17thereof, except that (1) the approval of contracts and
18arrangements with affiliated interests required by paragraph
19(3) of Section 7-101 shall not apply to such telecommunications
20carriers provided that, except as provided in item (2), those
21contracts and arrangements shall be filed with the Commission;
22(2) affiliated interest contracts or arrangements entered into
23by such telecommunications carriers where the increased
24obligation thereunder does not exceed the lesser of $5,000,000
25or 5% of such carrier's prior annual revenue from
26noncompetitive services are not required to be filed with the

 

 

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1Commission; and (3) any consent and approval of the Commission
2required by Section 7-102 is not required for the sale, lease,
3assignment, or transfer by any Electing Provider of any
4property that is not necessary or useful in the performance of
5its duties to the public.
6    (k) Notwithstanding other provisions of this Section, the
7Commission retains its existing authority to enforce the
8provisions, conditions, and requirements of the following
9Sections of this Article: 13-101, 13-103, 13-201, 13-301,
1013-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
1113-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
1213-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
1313-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
1413-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
1513-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
1613-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
17and equally applicable to Electing Providers and to
18telecommunications carriers providing retail
19telecommunications service classified as competitive pursuant
20to Section 13-502 or subdivision (c)(5) of this Section subject
21to the provisions of this Section. On the effective date of
22this amendatory Act of the 98th General Assembly, the following
23Sections of this Article shall cease to apply to Electing
24Providers and to telecommunications carriers providing retail
25telecommunications service classified as competitive pursuant
26to Section 13-502 or subdivision (c)(5) of this Section:

 

 

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113-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
213-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
313-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
4and 13-712.
5(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
 
6    (220 ILCS 5/13-1200)
7    (Section scheduled to be repealed on July 1, 2017)
8    Sec. 13-1200. Repealer. This Article is repealed December
931, 2020 July 1, 2017.
10(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
 
11    (220 ILCS 5/21-401)
12    (Section scheduled to be repealed on July 1, 2017)
13    Sec. 21-401. Applications.
14    (a)(1) A person or entity seeking to provide cable service
15or video service pursuant to this Article shall not use the
16public rights-of-way for the installation or construction of
17facilities for the provision of cable service or video service
18or offer cable service or video service until it has obtained a
19State-issued authorization to offer or provide cable or video
20service under this Section, except as provided for in item (2)
21of this subsection (a). All cable or video providers offering
22or providing service in this State shall have authorization
23pursuant to either (i) the Cable and Video Competition Law of
242007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the

 

 

10000SB1839ham002- 45 -LRB100 06226 RJF 27247 a

1Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
25-1095 of the Counties Code (55 ILCS 5/5-1095).
3    (2) Nothing in this Section shall prohibit a local unit of
4government from granting a permit to a person or entity for the
5use of the public rights-of-way to install or construct
6facilities to provide cable service or video service, at its
7sole discretion. No unit of local government shall be liable
8for denial or delay of a permit prior to the issuance of a
9State-issued authorization.
10    (b) The application to the Commission for State-issued
11authorization shall contain a completed affidavit submitted by
12the applicant and signed by an officer or general partner of
13the applicant affirming all of the following:
14        (1) That the applicant has filed or will timely file
15    with the Federal Communications Commission all forms
16    required by that agency in advance of offering cable
17    service or video service in this State.
18        (2) That the applicant agrees to comply with all
19    applicable federal and State statutes and regulations.
20        (3) That the applicant agrees to comply with all
21    applicable local unit of government regulations.
22        (4) An exact description of the cable service or video
23    service area where the cable service or video service will
24    be offered during the term of the State-issued
25    authorization. The service area shall be identified in
26    terms of either (i) exchanges, as that term is defined in

 

 

10000SB1839ham002- 46 -LRB100 06226 RJF 27247 a

1    Section 13-206 of this Act; (ii) a collection of United
2    States Census Bureau Block numbers (13 digit); (iii) if the
3    area is smaller than the areas identified in either (i) or
4    (ii), by geographic information system digital boundaries
5    meeting or exceeding national map accuracy standards; or
6    (iv) local unit of government. The description shall
7    include the number of low-income households within the
8    service area or footprint. If an applicant is an incumbent
9    cable operator, the incumbent cable operator and any
10    successor-in-interest shall be obligated to provide access
11    to cable services or video services within any local units
12    of government at the same levels required by the local
13    franchising authorities for the local unit of government on
14    June 30, 2007 (the effective date of Public Act 95-9), and
15    its application shall provide a description of an area no
16    smaller than the service areas contained in its franchise
17    or franchises within the jurisdiction of the local unit of
18    government in which it seeks to offer cable or video
19    service.
20        (5) The location and telephone number of the
21    applicant's principal place of business within this State
22    and the names of the applicant's principal executive
23    officers who are responsible for communications concerning
24    the application and the services to be offered pursuant to
25    the application, the applicant's legal name, and any name
26    or names under which the applicant does or will provide

 

 

10000SB1839ham002- 47 -LRB100 06226 RJF 27247 a

1    cable services or video services in this State.
2        (6) A certification that the applicant has
3    concurrently delivered a copy of the application to all
4    local units of government that include all or any part of
5    the service area identified in item (4) of this subsection
6    (b) within such local unit of government's jurisdictional
7    boundaries.
8        (7) The expected date that cable service or video
9    service will be initially offered in the area identified in
10    item (4) of this subsection (b). In the event that a holder
11    does not offer cable services or video services within 3
12    months after the expected date, it shall amend its
13    application and update the expected date service will be
14    offered and explain the delay in offering cable services or
15    video services.
16        (8) For any entity that received State-issued
17    authorization prior to this amendatory Act of the 98th
18    General Assembly as a cable operator and that intends to
19    proceed as a cable operator under this Article, the entity
20    shall file a written affidavit with the Commission and
21    shall serve a copy of the affidavit with any local units of
22    government affected by the authorization within 30 days
23    after the effective date of this amendatory Act of the 98th
24    General Assembly stating that the holder will be providing
25    cable service under the State-issued authorization.
26    The application shall include adequate assurance that the

 

 

10000SB1839ham002- 48 -LRB100 06226 RJF 27247 a

1applicant possesses the financial, managerial, legal, and
2technical qualifications necessary to construct and operate
3the proposed system, to promptly repair any damage to the
4public right-of-way caused by the applicant, and to pay the
5cost of removal of its facilities. To accomplish these
6requirements, the applicant may, at the time the applicant
7seeks to use the public rights-of-way in that jurisdiction, be
8required by the State of Illinois or later be required by the
9local unit of government, or both, to post a bond, produce a
10certificate of insurance, or otherwise demonstrate its
11financial responsibility.
12    The application shall include the applicant's general
13standards related to customer service required by Section
1422-501 of this Act, which shall include, but not be limited to,
15installation, disconnection, service and repair obligations;
16appointment hours; employee ID requirements; customer service
17telephone numbers and hours; procedures for billing, charges,
18deposits, refunds, and credits; procedures for termination of
19service; notice of deletion of programming service and changes
20related to transmission of programming or changes or increases
21in rates; use and availability of parental control or lock-out
22devices; complaint procedures and procedures for bill dispute
23resolution and a description of the rights and remedies
24available to consumers if the holder does not materially meet
25their customer service standards; and special services for
26customers with visual, hearing, or mobility disabilities.

 

 

10000SB1839ham002- 49 -LRB100 06226 RJF 27247 a

1    (c)(1) The applicant may designate information that it
2submits in its application or subsequent reports as
3confidential or proprietary, provided that the applicant
4states the reasons the confidential designation is necessary.
5The Commission shall provide adequate protection for such
6information pursuant to Section 4-404 of this Act. If the
7Commission, a local unit of government, or any other party
8seeks public disclosure of information designated as
9confidential, the Commission shall consider the confidential
10designation in a proceeding under the Illinois Administrative
11Procedure Act, and the burden of proof to demonstrate that the
12designated information is confidential shall be upon the
13applicant. Designated information shall remain confidential
14pending the Commission's determination of whether the
15information is entitled to confidential treatment. Information
16designated as confidential shall be provided to local units of
17government for purposes of assessing compliance with this
18Article as permitted under a Protective Order issued by the
19Commission pursuant to the Commission's rules and to the
20Attorney General pursuant to Section 6.5 of the Attorney
21General Act (15 ILCS 205/6.5). Information designated as
22confidential under this Section or determined to be
23confidential upon Commission review shall only be disclosed
24pursuant to a valid and enforceable subpoena or court order or
25as required by the Freedom of Information Act. Nothing herein
26shall delay the application approval timeframes set forth in

 

 

10000SB1839ham002- 50 -LRB100 06226 RJF 27247 a

1this Article.
2    (2) Information regarding the location of video services
3that have been or are being offered to the public and aggregate
4information included in the reports required by this Article
5shall not be designated or treated as confidential.
6    (d)(1) The Commission shall post all applications it
7receives under this Article on its web site within 5 business
8days.
9    (2) The Commission shall notify an applicant for a cable
10service or video service authorization whether the applicant's
11application and affidavit are complete on or before the 15th
12business day after the applicant submits the application. If
13the application and affidavit are not complete, the Commission
14shall state in its notice all of the reasons the application or
15affidavit are incomplete, and the applicant shall resubmit a
16complete application. The Commission shall have 30 days after
17submission by the applicant of a complete application and
18affidavit to issue the service authorization. If the Commission
19does not notify the applicant regarding the completeness of the
20application and affidavit or issue the service authorization
21within the time periods required under this subsection, the
22application and affidavit shall be considered complete and the
23service authorization issued upon the expiration of the 30th
24day.
25    (e) Any authorization issued by the Commission will expire
26on December 31, 2023 2020 and shall contain or include all of

 

 

10000SB1839ham002- 51 -LRB100 06226 RJF 27247 a

1the following:
2        (1) A grant of authority, including an authorization
3    issued prior to this amendatory Act of the 98th General
4    Assembly, to provide cable service or video service in the
5    service area footprint as requested in the application,
6    subject to the provisions of this Article in existence on
7    the date the grant of authority was issued, and any
8    modifications to this Article enacted at any time prior to
9    the date in Section 21-1601 of this Act, and to the laws of
10    the State and the ordinances, rules, and regulations of the
11    local units of government.
12        (2) A grant of authority to use, occupy, and construct
13    facilities in the public rights-of-way for the delivery of
14    cable service or video service in the service area
15    footprint, subject to the laws, ordinances, rules, or
16    regulations of this State and local units of governments.
17        (3) A statement that the grant of authority is subject
18    to lawful operation of the cable service or video service
19    by the applicant, its affiliated entities, or its
20    successors-in-interest.
21    (e-5) The Commission shall notify a local unit of
22government within 3 business days of the grant of any
23authorization within a service area footprint if that
24authorization includes any part of the local unit of
25government's jurisdictional boundaries and state whether the
26holder will be providing video service or cable service under

 

 

10000SB1839ham002- 52 -LRB100 06226 RJF 27247 a

1the authorization.
2    (f) The authorization issued pursuant to this Section by
3the Commission may be transferred to any successor-in-interest
4to the applicant to which it is initially granted without
5further Commission action if the successor-in-interest (i)
6submits an application and the information required by
7subsection (b) of this Section for the successor-in-interest
8and (ii) is not in violation of this Article or of any federal,
9State, or local law, ordinance, rule, or regulation. A
10successor-in-interest shall file its application and notice of
11transfer with the Commission and the relevant local units of
12government no less than 15 business days prior to the
13completion of the transfer. The Commission is not required or
14authorized to act upon the notice of transfer; however, the
15transfer is not effective until the Commission approves the
16successor-in-interest's application. A local unit of
17government or the Attorney General may seek to bar a transfer
18of ownership by filing suit in a court of competent
19jurisdiction predicated on the existence of a material and
20continuing breach of this Article by the holder, a pattern of
21noncompliance with customer service standards by the potential
22successor-in-interest, or the insolvency of the potential
23successor-in-interest. If a transfer is made when there are
24violations of this Article or of any federal, State, or local
25law, ordinance, rule, or regulation, the successor-in-interest
26shall be subject to 3 times the penalties provided for in this

 

 

10000SB1839ham002- 53 -LRB100 06226 RJF 27247 a

1Article.
2    (g) The authorization issued pursuant to this Section by
3the Commission may be terminated, or its cable service or video
4service area footprint may be modified, by the cable service
5provider or video service provider by submitting notice to the
6Commission and to the relevant local unit of government
7containing a description of the change on the same terms as the
8initial description pursuant to item (4) of subsection (b) of
9this Section. The Commission is not required or authorized to
10act upon that notice. It shall be a violation of this Article
11for a holder to discriminate against potential residential
12subscribers because of the race or income of the residents in
13the local area in which the group resides by terminating or
14modifying its cable service or video service area footprint. It
15shall be a violation of this Article for a holder to terminate
16or modify its cable service or video service area footprint if
17it leaves an area with no cable service or video service from
18any provider.
19    (h) The Commission's authority to administer this Article
20is limited to the powers and duties explicitly provided under
21this Article. Its authority under this Article does not include
22or limit the powers and duties that the Commission has under
23the other Articles of this Act, the Illinois Administrative
24Procedure Act, or any other law or regulation to conduct
25proceedings, other than as provided in subsection (c), or has
26to promulgate rules or regulations. The Commission shall not

 

 

10000SB1839ham002- 54 -LRB100 06226 RJF 27247 a

1have the authority to limit or expand the obligations and
2requirements provided in this Section or to regulate or control
3a person or entity to the extent that person or entity is
4providing cable service or video service, except as provided in
5this Article.
6(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6,
7eff. 6-29-15.)
 
8    (220 ILCS 5/21-1601)
9    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
10this Article are repealed December 31, 2020 July 1, 2017.
11(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".