Rep. Brandon W. Phelps

Filed: 5/29/2017

 

 


 

 


 
10000SB1839ham003LRB100 06226 RJF 27271 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7    (Section scheduled to be repealed on July 1, 2017)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

 

 

10000SB1839ham003- 2 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 3 -LRB100 06226 RJF 27271 a

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

 

 

 

10000SB1839ham003- 4 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 5 -LRB100 06226 RJF 27271 a

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:

 

 

10000SB1839ham003- 6 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 7 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 8 -LRB100 06226 RJF 27271 a

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 December 31, 2020 July
81, 2017, a municipality with a population of 500,000 or more
9shall not impose a monthly surcharge per network connection in
10excess of the highest monthly surcharge imposed as of January
111, 2014 by any county or municipality under subsection (c) of
12this Section. On or after December 31, 2020 July 1, 2017, a
13municipality with a population over 500,000 may not impose a
14monthly surcharge in excess of $2.50 per network connection.
15    (i) Any municipality or county or joint emergency telephone
16system board that has imposed a surcharge pursuant to this
17Section prior to the effective date of this amendatory Act of
181990 shall hereafter impose the surcharge in accordance with
19subsection (b) of this Section.
20    (j) The corporate authorities of any municipality or county
21may issue, in accordance with Illinois law, bonds, notes or
22other obligations secured in whole or in part by the proceeds
23of the surcharge described in this Section. The State of
24Illinois pledges and agrees that it will not limit or alter the
25rights and powers vested in municipalities and counties by this
26Section to impose the surcharge so as to impair the terms of or

 

 

10000SB1839ham003- 9 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 10 -LRB100 06226 RJF 27271 a

1500,000, shall cease to be imposed on January 1, 2016.
2(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
3    (50 ILCS 750/15.3a)
4    (Section scheduled to be repealed on July 1, 2017)
5    Sec. 15.3a. Local wireless surcharge.
6    (a) Notwithstanding any other provision of this Act, a unit
7of local government or emergency telephone system board
8providing wireless 9-1-1 service and imposing and collecting a
9wireless carrier surcharge prior to July 1, 1998 may continue
10its practices of imposing and collecting its wireless carrier
11surcharge, but, except as provided in subsection (b) of this
12Section, in no event shall that monthly surcharge exceed $2.50
13per commercial mobile radio service (CMRS) connection or
14in-service telephone number billed on a monthly basis. For
15mobile telecommunications services provided on and after
16August 1, 2002, any surcharge imposed shall be imposed based
17upon the municipality or county that encompasses the customer's
18place of primary use as defined in the Mobile
19Telecommunications Sourcing Conformity Act.
20    (b) Until December 31, 2020 July 1, 2017, the corporate
21authorities of a municipality with a population in excess of
22500,000 on the effective date of this amendatory Act of the
2399th General Assembly may by ordinance continue to impose and
24collect a monthly surcharge per commercial mobile radio service
25(CMRS) connection or in-service telephone number billed on a

 

 

10000SB1839ham003- 11 -LRB100 06226 RJF 27271 a

1monthly basis that does not exceed the highest monthly
2surcharge imposed as of January 1, 2014 by any county or
3municipality under subsection (c) of Section 15.3 of this Act.
4On or after December 31, 2020 July 1, 2017, the municipality
5may continue imposing and collecting its wireless carrier
6surcharge as provided in and subject to the limitations of
7subsection (a) of this Section.
8    (c) In addition to any other lawful purpose, a municipality
9with a population over 500,000 may use the moneys collected
10under this Section for any anti-terrorism or emergency
11preparedness measures, including, but not limited to,
12preparedness planning, providing local matching funds for
13federal or State grants, personnel training, and specialized
14equipment, including surveillance cameras, as needed to deal
15with natural and terrorist-inspired emergency situations or
16events.
17(Source: P.A. 99-6, eff. 1-1-16.)
 
18    (50 ILCS 750/99)
19    (Section scheduled to be repealed on July 1, 2017)
20    Sec. 99. Repealer. This Act is repealed on December 31,
212020 July 1, 2017.
22(Source: P.A. 99-6, eff. 6-29-15.)
 
23    Section 15. The Prepaid Wireless 9-1-1 Surcharge Act is
24amended by changing Section 15 as follows:
 

 

 

10000SB1839ham003- 12 -LRB100 06226 RJF 27271 a

1    (50 ILCS 753/15)
2    Sec. 15. Prepaid wireless 9-1-1 surcharge.
3    (a) Until September 30, 2015, there is hereby imposed on
4consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail
5transaction. Beginning October 1, 2015, the prepaid wireless
69-1-1 surcharge shall be 3% per retail transaction. The
7surcharge authorized by this subsection (a) does not apply in a
8home rule municipality having a population in excess of
9500,000.
10    (a-5) On or after the effective date of this amendatory Act
11of the 98th General Assembly and until December 31, 2020 July
121, 2017, a home rule municipality having a population in excess
13of 500,000 on the effective date of this amendatory Act may
14impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
15retail transaction sourced to that jurisdiction and collected
16and remitted in accordance with the provisions of subsection
17(b-5) of this Section. On or after December 31, 2020 July 1,
182017, a home rule municipality having a population in excess of
19500,000 on the effective date of this Act may only impose a
20prepaid wireless 9-1-1 surcharge not to exceed 7% per retail
21transaction sourced to that jurisdiction and collected and
22remitted in accordance with the provisions of subsection (b-5).
23    (b) The prepaid wireless 9-1-1 surcharge shall be collected
24by the seller from the consumer with respect to each retail
25transaction occurring in this State and shall be remitted to

 

 

10000SB1839ham003- 13 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 14 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 15 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 16 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 17 -LRB100 06226 RJF 27271 a

1for non-tax purposes. However, if a minimal amount of prepaid
2wireless telecommunications service is sold with a prepaid
3wireless device for a single, non-itemized price, then the
4seller may elect not to apply the percentage specified in
5subsection (a) or (a-5) of this Section 15 to such transaction.
6For purposes of this subsection, an amount of service
7denominated as 10 minutes or less or $5 or less is considered
8minimal.
9    (g) The prepaid wireless 9-1-1 surcharge imposed under
10subsections (a) and (a-5) of this Section is not imposed on the
11provider or the consumer for wireless Lifeline service where
12the consumer does not pay the provider for the service. Where
13the consumer purchases from the provider optional minutes,
14texts, or other services in addition to the federally funded
15Lifeline benefit, a consumer must pay the prepaid wireless
169-1-1 surcharge, and it must be collected by the seller
17according to subsection (b-5).
18(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
 
19    Section 20. The Public Utilities Act is amended by changing
20Sections 13-1200, 21-1601, 21-401, and 21-1601 as follows:
 
21    (220 ILCS 5/13-1200)
22    (Section scheduled to be repealed on July 1, 2017)
23    Sec. 13-1200. Repealer. This Article is repealed December
2431, 2020 July 1, 2017.

 

 

10000SB1839ham003- 18 -LRB100 06226 RJF 27271 a

1(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
 
2    (220 ILCS 5/21-401)
3    (Section scheduled to be repealed on July 1, 2017)
4    Sec. 21-401. Applications.
5    (a)(1) A person or entity seeking to provide cable service
6or video service pursuant to this Article shall not use the
7public rights-of-way for the installation or construction of
8facilities for the provision of cable service or video service
9or offer cable service or video service until it has obtained a
10State-issued authorization to offer or provide cable or video
11service under this Section, except as provided for in item (2)
12of this subsection (a). All cable or video providers offering
13or providing service in this State shall have authorization
14pursuant to either (i) the Cable and Video Competition Law of
152007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
16Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
175-1095 of the Counties Code (55 ILCS 5/5-1095).
18    (2) Nothing in this Section shall prohibit a local unit of
19government from granting a permit to a person or entity for the
20use of the public rights-of-way to install or construct
21facilities to provide cable service or video service, at its
22sole discretion. No unit of local government shall be liable
23for denial or delay of a permit prior to the issuance of a
24State-issued authorization.
25    (b) The application to the Commission for State-issued

 

 

10000SB1839ham003- 19 -LRB100 06226 RJF 27271 a

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

 

 

10000SB1839ham003- 20 -LRB100 06226 RJF 27271 a

1    to cable services or video services within any local units
2    of government at the same levels required by the local
3    franchising authorities for the local unit of government on
4    June 30, 2007 (the effective date of Public Act 95-9), and
5    its application shall provide a description of an area no
6    smaller than the service areas contained in its franchise
7    or franchises within the jurisdiction of the local unit of
8    government in which it seeks to offer cable or video
9    service.
10        (5) The location and telephone number of the
11    applicant's principal place of business within this State
12    and the names of the applicant's principal executive
13    officers who are responsible for communications concerning
14    the application and the services to be offered pursuant to
15    the application, the applicant's legal name, and any name
16    or names under which the applicant does or will provide
17    cable services or video services in this State.
18        (6) A certification that the applicant has
19    concurrently delivered a copy of the application to all
20    local units of government that include all or any part of
21    the service area identified in item (4) of this subsection
22    (b) within such local unit of government's jurisdictional
23    boundaries.
24        (7) The expected date that cable service or video
25    service will be initially offered in the area identified in
26    item (4) of this subsection (b). In the event that a holder

 

 

10000SB1839ham003- 21 -LRB100 06226 RJF 27271 a

1    does not offer cable services or video services within 3
2    months after the expected date, it shall amend its
3    application and update the expected date service will be
4    offered and explain the delay in offering cable services or
5    video services.
6        (8) For any entity that received State-issued
7    authorization prior to this amendatory Act of the 98th
8    General Assembly as a cable operator and that intends to
9    proceed as a cable operator under this Article, the entity
10    shall file a written affidavit with the Commission and
11    shall serve a copy of the affidavit with any local units of
12    government affected by the authorization within 30 days
13    after the effective date of this amendatory Act of the 98th
14    General Assembly stating that the holder will be providing
15    cable service under the State-issued authorization.
16    The application shall include adequate assurance that the
17applicant possesses the financial, managerial, legal, and
18technical qualifications necessary to construct and operate
19the proposed system, to promptly repair any damage to the
20public right-of-way caused by the applicant, and to pay the
21cost of removal of its facilities. To accomplish these
22requirements, the applicant may, at the time the applicant
23seeks to use the public rights-of-way in that jurisdiction, be
24required by the State of Illinois or later be required by the
25local unit of government, or both, to post a bond, produce a
26certificate of insurance, or otherwise demonstrate its

 

 

10000SB1839ham003- 22 -LRB100 06226 RJF 27271 a

1financial responsibility.
2    The application shall include the applicant's general
3standards related to customer service required by Section
422-501 of this Act, which shall include, but not be limited to,
5installation, disconnection, service and repair obligations;
6appointment hours; employee ID requirements; customer service
7telephone numbers and hours; procedures for billing, charges,
8deposits, refunds, and credits; procedures for termination of
9service; notice of deletion of programming service and changes
10related to transmission of programming or changes or increases
11in rates; use and availability of parental control or lock-out
12devices; complaint procedures and procedures for bill dispute
13resolution and a description of the rights and remedies
14available to consumers if the holder does not materially meet
15their customer service standards; and special services for
16customers with visual, hearing, or mobility disabilities.
17    (c)(1) The applicant may designate information that it
18submits in its application or subsequent reports as
19confidential or proprietary, provided that the applicant
20states the reasons the confidential designation is necessary.
21The Commission shall provide adequate protection for such
22information pursuant to Section 4-404 of this Act. If the
23Commission, a local unit of government, or any other party
24seeks public disclosure of information designated as
25confidential, the Commission shall consider the confidential
26designation in a proceeding under the Illinois Administrative

 

 

10000SB1839ham003- 23 -LRB100 06226 RJF 27271 a

1Procedure Act, and the burden of proof to demonstrate that the
2designated information is confidential shall be upon the
3applicant. Designated information shall remain confidential
4pending the Commission's determination of whether the
5information is entitled to confidential treatment. Information
6designated as confidential shall be provided to local units of
7government for purposes of assessing compliance with this
8Article as permitted under a Protective Order issued by the
9Commission pursuant to the Commission's rules and to the
10Attorney General pursuant to Section 6.5 of the Attorney
11General Act (15 ILCS 205/6.5). Information designated as
12confidential under this Section or determined to be
13confidential upon Commission review shall only be disclosed
14pursuant to a valid and enforceable subpoena or court order or
15as required by the Freedom of Information Act. Nothing herein
16shall delay the application approval timeframes set forth in
17this Article.
18    (2) Information regarding the location of video services
19that have been or are being offered to the public and aggregate
20information included in the reports required by this Article
21shall not be designated or treated as confidential.
22    (d)(1) The Commission shall post all applications it
23receives under this Article on its web site within 5 business
24days.
25    (2) The Commission shall notify an applicant for a cable
26service or video service authorization whether the applicant's

 

 

10000SB1839ham003- 24 -LRB100 06226 RJF 27271 a

1application and affidavit are complete on or before the 15th
2business day after the applicant submits the application. If
3the application and affidavit are not complete, the Commission
4shall state in its notice all of the reasons the application or
5affidavit are incomplete, and the applicant shall resubmit a
6complete application. The Commission shall have 30 days after
7submission by the applicant of a complete application and
8affidavit to issue the service authorization. If the Commission
9does not notify the applicant regarding the completeness of the
10application and affidavit or issue the service authorization
11within the time periods required under this subsection, the
12application and affidavit shall be considered complete and the
13service authorization issued upon the expiration of the 30th
14day.
15    (e) Any authorization issued by the Commission will expire
16on December 31, 2023 2020 and shall contain or include all of
17the following:
18        (1) A grant of authority, including an authorization
19    issued prior to this amendatory Act of the 98th General
20    Assembly, to provide cable service or video service in the
21    service area footprint as requested in the application,
22    subject to the provisions of this Article in existence on
23    the date the grant of authority was issued, and any
24    modifications to this Article enacted at any time prior to
25    the date in Section 21-1601 of this Act, and to the laws of
26    the State and the ordinances, rules, and regulations of the

 

 

10000SB1839ham003- 25 -LRB100 06226 RJF 27271 a

1    local units of government.
2        (2) A grant of authority to use, occupy, and construct
3    facilities in the public rights-of-way for the delivery of
4    cable service or video service in the service area
5    footprint, subject to the laws, ordinances, rules, or
6    regulations of this State and local units of governments.
7        (3) A statement that the grant of authority is subject
8    to lawful operation of the cable service or video service
9    by the applicant, its affiliated entities, or its
10    successors-in-interest.
11    (e-5) The Commission shall notify a local unit of
12government within 3 business days of the grant of any
13authorization within a service area footprint if that
14authorization includes any part of the local unit of
15government's jurisdictional boundaries and state whether the
16holder will be providing video service or cable service under
17the authorization.
18    (f) The authorization issued pursuant to this Section by
19the Commission may be transferred to any successor-in-interest
20to the applicant to which it is initially granted without
21further Commission action if the successor-in-interest (i)
22submits an application and the information required by
23subsection (b) of this Section for the successor-in-interest
24and (ii) is not in violation of this Article or of any federal,
25State, or local law, ordinance, rule, or regulation. A
26successor-in-interest shall file its application and notice of

 

 

10000SB1839ham003- 26 -LRB100 06226 RJF 27271 a

1transfer with the Commission and the relevant local units of
2government no less than 15 business days prior to the
3completion of the transfer. The Commission is not required or
4authorized to act upon the notice of transfer; however, the
5transfer is not effective until the Commission approves the
6successor-in-interest's application. A local unit of
7government or the Attorney General may seek to bar a transfer
8of ownership by filing suit in a court of competent
9jurisdiction predicated on the existence of a material and
10continuing breach of this Article by the holder, a pattern of
11noncompliance with customer service standards by the potential
12successor-in-interest, or the insolvency of the potential
13successor-in-interest. If a transfer is made when there are
14violations of this Article or of any federal, State, or local
15law, ordinance, rule, or regulation, the successor-in-interest
16shall be subject to 3 times the penalties provided for in this
17Article.
18    (g) The authorization issued pursuant to this Section by
19the Commission may be terminated, or its cable service or video
20service area footprint may be modified, by the cable service
21provider or video service provider by submitting notice to the
22Commission and to the relevant local unit of government
23containing a description of the change on the same terms as the
24initial description pursuant to item (4) of subsection (b) of
25this Section. The Commission is not required or authorized to
26act upon that notice. It shall be a violation of this Article

 

 

10000SB1839ham003- 27 -LRB100 06226 RJF 27271 a

1for a holder to discriminate against potential residential
2subscribers because of the race or income of the residents in
3the local area in which the group resides by terminating or
4modifying its cable service or video service area footprint. It
5shall be a violation of this Article for a holder to terminate
6or modify its cable service or video service area footprint if
7it leaves an area with no cable service or video service from
8any provider.
9    (h) The Commission's authority to administer this Article
10is limited to the powers and duties explicitly provided under
11this Article. Its authority under this Article does not include
12or limit the powers and duties that the Commission has under
13the other Articles of this Act, the Illinois Administrative
14Procedure Act, or any other law or regulation to conduct
15proceedings, other than as provided in subsection (c), or has
16to promulgate rules or regulations. The Commission shall not
17have the authority to limit or expand the obligations and
18requirements provided in this Section or to regulate or control
19a person or entity to the extent that person or entity is
20providing cable service or video service, except as provided in
21this Article.
22(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6,
23eff. 6-29-15.)
 
24    (220 ILCS 5/21-1601)
25    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of

 

 

10000SB1839ham003- 28 -LRB100 06226 RJF 27271 a

1this Article are repealed December 31, 2020 July 1, 2017.
2(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".