Illinois General Assembly - Full Text of SB1564
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Full Text of SB1564  102nd General Assembly

SB1564 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1564

 

Introduced 2/26/2021, by Sen. Celina Villanueva

 

SYNOPSIS AS INTRODUCED:
 
220 ILCS 5/21-201
220 ILCS 5/21-1101

    Amends the Public Utilities Act. Provides that the holder of a State-issued authorization shall not impose data caps on broadband service provided to households. Provides that "data caps" means a limit on the amount of bits or the speed at which a user of broadband service may upload or download bits during a period of time.


LRB102 16513 SPS 21907 b

 

 

A BILL FOR

 

SB1564LRB102 16513 SPS 21907 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Public Utilities Act is amended by changing
5Sections 21-201 and 21-1101 as follows:
 
6    (220 ILCS 5/21-201)
7    (Section scheduled to be repealed on December 31, 2021)
8    Sec. 21-201. Definitions. As used in this Article:
9    (a) "Access" means that the cable or video provider is
10capable of providing cable services or video services at the
11household address using any technology, other than
12direct-to-home satellite service, that provides 2-way
13broadband Internet capability and video programming, content,
14and functionality, regardless of whether any customer has
15ordered service or whether the owner or landlord or other
16responsible person has granted access to the household. If
17more than one technology is used, the technologies shall
18provide similar 2-way broadband Internet accessibility and
19similar video programming.
20    (b) "Basic cable or video service" means any cable or
21video service offering or tier that includes the
22retransmission of local television broadcast signals.
23    (c) "Broadband service" means a high speed service

 

 

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1connection to the public Internet capable of supporting, in at
2least one direction, a speed in excess of 200 kilobits per
3second (kbps) to the network demarcation point at the
4subscriber's premises.
5    (d) "Cable operator" means that term as defined in item
6(5) of 47 U.S.C. 522.
7    (e) "Cable service" means that term as defined in item (6)
8of 47 U.S.C. 522.
9    (f) "Cable system" means that term as defined in item (7)
10of 47 U.S.C. 522.
11    (g) "Commission" means the Illinois Commerce Commission.
12    (h) "Competitive cable service or video service provider"
13means a person or entity that is providing or seeks to provide
14cable service or video service in an area where there is at
15least one incumbent cable operator.
16    (h-5) "Data caps" means a limit on the amount of bits or
17the speed at which a user of broadband service may upload or
18download bits during a period of time.
19    (i) "Designated market area" means a designated market
20area, as determined by Nielsen Media Research and published in
21the 1999-2000 Nielsen Station Index Directory and Nielsen
22Station Index United States Television Household Estimates or
23any successor publication. For any designated market area that
24crosses State lines, only households in the portion of the
25designated market area that is located within the holder's
26telecommunications service area in the State where access to

 

 

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1video service will be offered shall be considered.
2    (j) "Footprint" means the geographic area designated by
3the cable service or video service provider as the geographic
4area in which it will offer cable services or video services
5during the period of its State-issued authorization. Each
6footprint shall be identified in terms of either (i)
7exchanges, as that term is defined in Section 13-206 of this
8Act; (ii) a collection of United States Census Bureau Block
9numbers (13 digit); (iii) if the area is smaller than the areas
10identified in either (i) or (ii), by geographic information
11system digital boundaries meeting or exceeding national map
12accuracy standards; or (iv) local units of government.
13    (k) "Holder" means a person or entity that has received
14authorization to offer or provide cable or video service from
15the Commission pursuant to Section 21-401 of this Article.
16    (l) "Household" means a house, an apartment, a mobile
17home, a group of rooms, or a single room that is intended for
18occupancy as separate living quarters. Separate living
19quarters are those in which the occupants live and eat
20separately from any other persons in the building and that
21have direct access from the outside of the building or through
22a common hall. This definition is consistent with the United
23States Census Bureau, as that definition may be amended
24thereafter.
25    (m) "Incumbent cable operator" means a person or entity
26that provided cable services or video services in a particular

 

 

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1area under a franchise agreement with a local unit of
2government pursuant to Section 11-42-11 of the Illinois
3Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the
4Counties Code (55 ILCS 5/5-1095) on January 1, 2007.
5    (n) "Local franchising authority" means the local unit of
6government that has or requires a franchise with a cable
7operator, a provider of cable services, or a provider of video
8services to construct or operate a cable or video system or to
9offer cable services or video services under Section 11-42-11
10of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section
115-1095 of the Counties Code (55 ILCS 5/5-1095).
12    (o) "Local unit of government" means a city, village,
13incorporated town, or county.
14    (p) "Low-income household" means those residential
15households located within the holder's existing telephone
16service area where the average annual household income is less
17than $35,000, based on the United States Census Bureau
18estimates adjusted annually to reflect rates of change and
19distribution.
20    (q) "Public rights-of-way" means the areas on, below, or
21above a public roadway, highway, street, public sidewalk,
22alley, waterway, or utility easements dedicated for compatible
23uses.
24    (r) "Service" means the provision of cable service or
25video service to subscribers and the interaction of
26subscribers with the person or entity that has received

 

 

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1authorization to offer or provide cable or video service from
2the Commission pursuant to Section 21-401 of this Act.
3    (s) "Service provider fee" means the amount paid under
4Section 21-801 of this Act by the holder to a municipality, or
5in the case of an unincorporated service area to a county, for
6service areas within its territorial jurisdiction, but under
7no circumstances shall the service provider fee be paid to
8more than one local unit of government for the same portion of
9the holder's service area.
10    (t) "Telecommunications service area" means the area
11designated by the Commission as the area in which a
12telecommunications company was obligated to provide
13non-competitive local telephone service as of February 8, 1996
14as incorporated into Section 13-202.5 of this Act.
15    (u) "Video programming" means that term as defined in item
16(20) of 47 U.S.C. 522.
17    (v) "Video service" means video programming and subscriber
18interaction, if any, that is required for the selection or use
19of such video programming services, and that is provided
20through wireline facilities located at least in part in the
21public rights-of-way without regard to delivery technology,
22including Internet protocol technology. This definition does
23not include any video programming provided by a commercial
24mobile service provider defined in subsection (d) of 47 U.S.C.
25332 or any video programming provided solely as part of, and
26via, service that enables users to access content,

 

 

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1information, electronic mail, or other services offered over
2the public Internet.
3(Source: P.A. 100-20, eff. 7-1-17.)
 
4    (220 ILCS 5/21-1101)
5    (Section scheduled to be repealed on December 31, 2021)
6    Sec. 21-1101. Requirements to provide video services.
7    (a) The holder of a State-issued authorization shall not
8deny access to cable service or video service to any potential
9residential subscribers because of the race or income of the
10residents in the local area in which the potential subscribers
11reside.
12    (b) (Blank).
13    (c)(1) If the holder of a State-issued authorization is
14using telecommunications facilities to provide cable or video
15service and has more than 1,000,000 telecommunications access
16lines in this State, the holder shall provide access to its
17cable or video service to a number of households equal to at
18least 35% of the households in the holder's telecommunications
19service area in the State within 3 years after the date a
20holder receives a State-issued authorization from the
21Commission and to a number not less than 50% of these
22households within 5 years after the date a holder receives a
23State-issued authorization from the Commission; provided that
24the holder of a State-issued authorization is not required to
25meet the 50% requirement in this paragraph (1) until 2 years

 

 

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1after at least 15% of the households with access to the
2holder's video service subscribe to the service for 6
3consecutive months.
4    The holder's obligation to provide such access in the
5State shall be distributed, as the holder determines, within 3
6designated market areas, one in each of the northeastern,
7central, and southwestern portions of the holder's
8telecommunications service area in the State. The designated
9market area for the northeastern portion shall consist of 2
10separate and distinct reporting areas: (i) a city with more
11than 1,000,000 inhabitants, and (ii) all other local units of
12government on a combined basis within such designated market
13area in which it offers video service.
14    If any state, in which a holder subject to this subsection
15(c) or one of its affiliates provides or seeks to provide cable
16or video service, adopts a law permitting state-issued
17authorization or statewide franchises to provide cable or
18video service that requires a cable or video provider to offer
19service to more than 35% of the households in the cable or
20video provider's service area in that state within 3 years,
21holders subject to this subsection (c) shall provide service
22in this State to the same percentage of households within 3
23years of adoption of such law in that state.
24    Furthermore, if any state, in which a holder subject to
25this subsection (c) or one of its affiliates provides or seeks
26to provide cable or video service, adopts a law requiring a

 

 

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1holder of a state-issued authorization or statewide franchises
2to offer cable or video service to more than 35% of its
3households if less than 15% of the households with access to
4the holder's video service subscribe to the service for 6
5consecutive months, then as a precondition to further
6build-out, holders subject to this subsection (c) shall be
7subject to the same percentage of service subscription in
8meeting its obligation to provide service to 50% of the
9households in this State.
10    (2) Within 3 years after the date a holder receives a
11State-issued authorization from the Commission, at least 30%
12of the total households with access to the holder's cable or
13video service shall be low-income.
14    Within each designated market area listed in paragraph (1)
15of this subsection (c), the holder's obligation to offer
16service to low-income households shall be measured by each
17exchange, as that term is defined in Section 13-206 of this Act
18in which the holder chooses to provide cable or video service.
19The holder is under no obligation to serve or provide access to
20an entire exchange; however, in addition to the statewide
21obligation to provide low-income access provided by this
22Section, in each exchange in which the holder chooses to
23provide cable or video service, the holder shall provide
24access to a percentage of low-income households that is at
25least equal to the percentage of the total low-income
26households within that exchange.

 

 

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1    (d)(1) All other holders shall only provide access to one
2or more exchanges, as that term is defined in Section 13-206 of
3this Act, or to local units of government and shall provide
4access to their cable or video service to a number of
5households equal to 35% of the households in the exchange or
6local unit of government within 3 years after the date a holder
7receives a State-issued authorization from the Commission and
8to a number not less than 50% of these households within 5
9years after the date a holder receives a State-issued
10authorization from the Commission, provided that if the holder
11is an incumbent cable operator or any successor-in-interest
12company, it shall be obligated to provide access to cable or
13video services within the jurisdiction of a local unit of
14government at the same levels required by the local
15franchising authorities for that local unit of government on
16June 30, 2007 (the effective date of Public Act 95-9).
17    (2) Within 3 years after the date a holder receives a
18State-issued authorization from the Commission, at least 30%
19of the total households with access to the holder's cable or
20video service shall be low-income.
21    Within each designated exchange, as that term is defined
22in Section 13-206 of this Act, or local unit of government
23listed in paragraph (1) of this subsection (d), the holder's
24obligation to offer service to low-income households shall be
25measured by each exchange or local unit of government in which
26the holder chooses to provide cable or video service. Except

 

 

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1as provided in paragraph (1) of this subsection (d), the
2holder is under no obligation to serve or provide access to an
3entire exchange or local unit of government; however, in
4addition to the statewide obligation to provide low-income
5access provided by this Section, in each exchange or local
6unit of government in which the holder chooses to provide
7cable or video service, the holder shall provide access to a
8percentage of low-income households that is at least equal to
9the percentage of the total low-income households within that
10exchange or local unit of government.
11    (e) A holder subject to subsection (c) of this Section
12shall provide wireline broadband service, defined as wireline
13service, capable of supporting, in at least one direction, a
14speed in excess of 200 kilobits per second (kbps), to the
15network demarcation point at the subscriber's premises, to a
16number of households equal to 90% of the households in the
17holder's telecommunications service area by December 31, 2008,
18or shall pay within 30 days of December 31, 2008 a sum of
19$15,000,000 to the Digital Divide Elimination Infrastructure
20Fund established pursuant to Section 13-301.3 of this Act, or
21any successor fund established by the General Assembly. In
22that event the holder is required to make a payment pursuant to
23this subsection (e), the holder shall have no further
24accounting for this payment, which shall be used in any part of
25the State for the purposes established in the Digital Divide
26Elimination Infrastructure Fund or for broadband deployment.

 

 

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1    (f) The holder of a State-issued authorization may satisfy
2the requirements of subsections (c) and (d) of this Section
3through the use of any technology, which shall not include
4direct-to-home satellite service, that offers service,
5functionality, and content that is demonstrably similar to
6that provided through the holder's video service system.
7    (g) In any investigation into or complaint alleging that
8the holder of a State-issued authorization has failed to meet
9the requirements of this Section, the following factors may be
10considered in justification or mitigation or as justification
11for an extension of time to meet the requirements of
12subsections (c) and (d) of this Section:
13        (1) The inability to obtain access to public and
14    private rights-of-way under reasonable terms and
15    conditions.
16        (2) Barriers to competition arising from existing
17    exclusive service arrangements in developments or
18    buildings.
19        (3) The inability to access developments or buildings
20    using reasonable technical solutions under commercially
21    reasonable terms and conditions.
22        (4) Natural disasters.
23        (5) Other factors beyond the control of the holder.
24    (h) If the holder relies on the factors identified in
25subsection (g) of this Section in response to an investigation
26or complaint, the holder shall demonstrate the following:

 

 

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1        (1) what substantial effort the holder of a
2    State-issued authorization has taken to meet the
3    requirements of subsection (a) or (c) of this Section;
4        (2) which portions of subsection (g) of this Section
5    apply; and
6        (3) the number of days it has been delayed or the
7    requirements it cannot perform as a consequence of
8    subsection (g) of this Section.
9    (i) The factors in subsection (g) of this Section may be
10considered by the Attorney General or by a court of competent
11jurisdiction in determining whether the holder is in violation
12of this Article.
13    (j) Every holder of a State-issued authorization, no later
14than April 1, 2009, and annually no later than April 1
15thereafter, shall report to the Commission for each of the
16service areas as described in subsections (c) and (d) of this
17Section in which it provides access to its video service in the
18State, the following information:
19        (1) Cable service and video service information:
20            (A) The number of households in the holder's
21        telecommunications service area within each designated
22        market area as described in subsection (c) of this
23        Section or exchange or local unit of government as
24        described in subsection (d) of this Section in which
25        it offers video service.
26            (B) The number of households in the holder's

 

 

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1        telecommunications service area within each designated
2        market area as described in subsection (c) of this
3        Section or exchange or local unit of government as
4        described in subsection (d) of this Section that are
5        offered access to video service by the holder.
6            (C) The number of households in the holder's
7        telecommunications service area in the State.
8            (D) The number of households in the holder's
9        telecommunications service area in the State that are
10        offered access to video service by the holder.
11        (2) Low-income household information:
12            (A) The number of low-income households in the
13        holder's telecommunications service area within each
14        designated market area as described in subsection (c)
15        of this Section, as further identified in terms of
16        exchanges, or exchange or local unit of government as
17        described in subsection (d) of this Section in which
18        it offers video service.
19            (B) The number of low-income households in the
20        holder's telecommunications service area within each
21        designated market area as described in subsection (c)
22        of this Section, as further identified in terms of
23        exchanges, or exchange or local unit of government as
24        described in subsection (d) of this Section in the
25        State that are offered access to video service by the
26        holder.

 

 

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1            (C) The number of low-income households in the
2        holder's telecommunications service area in the State.
3            (D) The number of low-income households in the
4        holder's telecommunications service area in the State
5        that are offered access to video service by the
6        holder.
7    (j-5) The requirements of subsection (c) of this Section
8shall be satisfied upon the filing of an annual report with the
9Commission in compliance with subsection (j) of this Section,
10including an annual report filed prior to this amendatory Act
11of the 98th General Assembly, that demonstrates the holder of
12the authorization has satisfied the requirements of subsection
13(c) of this Section for each of the service areas in which it
14provides access to its cable service or video service in the
15State. Notwithstanding the continued application of this
16Article to the holder, upon satisfaction of the requirements
17of subsection (c) of this Section, only the requirements of
18subsection (a) of this Section 21-1101 of this Act and the
19following reporting requirements shall continue to apply to
20such holder:
21        (1) Cable service and video service information:
22            (A) The number of households in the holder's
23        telecommunications service area within each designated
24        market area in which it offers cable service or video
25        service.
26            (B) The number of households in the holder's

 

 

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1        telecommunications service area within each designated
2        market area that are offered access to cable service
3        or video service by the holder.
4            (C) The number of households in the holder's
5        telecommunications service area in the State.
6            (D) The number of households in the holder's
7        telecommunications service area in the State that are
8        offered access to cable service or video service by
9        the holder.
10            (E) The exchanges or local units of government in
11        which the holder added cable service or video service
12        in the prior year.
13        (2) Low-income household information:
14            (A) The number of low-income households in the
15        holder's telecommunications service area within each
16        designated market area in which it offers video
17        service.
18            (B) The number of low-income households in the
19        holder's telecommunications service area within each
20        designated market area that are offered access to
21        video service by the holder.
22            (C) The number of low-income households in the
23        holder's telecommunications service area in the State.
24            (D) The number of low-income households in the
25        holder's telecommunications service area in the State
26        that are offered access to video service by the

 

 

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1        holder.
2    (j-10) The requirements of subsection (d) of this Section
3shall be satisfied upon the filing of an annual report with the
4Commission in compliance with subsection (j) of this Section,
5including an annual report filed prior to this amendatory Act
6of the 98th General Assembly, that demonstrates the holder of
7the authorization has satisfied the requirements of subsection
8(d) of this Section for each of the service areas in which it
9provides access to its cable service or video service in the
10State. Notwithstanding the continued application of this
11Article to the holder, upon satisfaction of the requirements
12of subsection (d) of this Section, only the requirements of
13subsection (a) of this Section and the following reporting
14requirements shall continue to apply to such holder:
15        (1) Cable service and video service information:
16            (A) The number of households in the holder's
17        footprint in which it offers cable service or video
18        service.
19            (B) The number of households in the holder's
20        footprint that are offered access to cable service or
21        video service by the holder.
22            (C) The exchanges or local units of government in
23        which the holder added cable service or video service
24        in the prior year.
25        (2) Low-income household information:
26            (A) The number of low-income households in the

 

 

SB1564- 17 -LRB102 16513 SPS 21907 b

1        holder's footprint in which it offers cable service or
2        video service.
3            (B) The number of low-income households in the
4        holder's footprint that are offered access to cable
5        service or video service by the holder.
6    (k) The Commission, within 30 days of receiving the first
7report from holders under this Section, and annually no later
8than July 1 thereafter, shall submit to the General Assembly a
9report that includes, based on year-end data, the information
10submitted by holders pursuant to subdivisions (1) and (2) of
11subsections (j), (j-5), and (j-10) of this Section. The
12Commission shall make this report available to any member of
13the public or any local unit of government upon request. All
14information submitted to the Commission and designated by
15holders as confidential and proprietary shall be subject to
16the disclosure provisions in subsection (c) of Section 21-401
17of this Act. No individually identifiable customer information
18shall be subject to public disclosure.
19    (l) The holder of a State-issued authorization shall not
20impose data caps on broadband service provided to households.
21(Source: P.A. 100-20, eff. 7-1-17.)