Illinois General Assembly - Full Text of SB0486
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Full Text of SB0486  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/23/2021, by Sen. Bill Cunningham


220 ILCS 5/13-1200
220 ILCS 5/21-401
220 ILCS 5/21-1601

    Amends the Public Utilities Act. Extends the repeal dates of the Telecommunications Article and the Cable and Video Competition Article from December 31, 2021 to December 31, 2026. Provides that any cable service or video service authorization issued by the Illinois Commerce Commission will expire on December 31, 2029 (rather than December 31, 2024). Effective immediately.

LRB102 04104 SPS 14121 b





SB0486LRB102 04104 SPS 14121 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 13-1200, 21-401, and 21-1601 as follows:
6    (220 ILCS 5/13-1200)
7    (Section scheduled to be repealed on December 31, 2021)
8    Sec. 13-1200. Repealer. This Article is repealed December
931, 2026 2021.
10(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
11    (220 ILCS 5/21-401)
12    (Section scheduled to be repealed on December 31, 2021)
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



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1pursuant to either (i) the Cable and Video Competition Law of
22007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
3Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
45-1095 of the Counties Code (55 ILCS 5/5-1095).
5    (2) Nothing in this Section shall prohibit a local unit of
6government from granting a permit to a person or entity for the
7use of the public rights-of-way to install or construct
8facilities to provide cable service or video service, at its
9sole discretion. No unit of local government shall be liable
10for denial or delay of a permit prior to the issuance of a
11State-issued authorization.
12    (b) The application to the Commission for State-issued
13authorization shall contain a completed affidavit submitted by
14the applicant and signed by an officer or general partner of
15the applicant affirming all of the following:
16        (1) That the applicant has filed or will timely file
17    with the Federal Communications Commission all forms
18    required by that agency in advance of offering cable
19    service or video service in this State.
20        (2) That the applicant agrees to comply with all
21    applicable federal and State statutes and regulations.
22        (3) That the applicant agrees to comply with all
23    applicable local unit of government regulations.
24        (4) An exact description of the cable service or video
25    service area where the cable service or video service will
26    be offered during the term of the State-issued



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



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



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1    providing cable service under the State-issued
2    authorization.
3    The application shall include adequate assurance that the
4applicant possesses the financial, managerial, legal, and
5technical qualifications necessary to construct and operate
6the proposed system, to promptly repair any damage to the
7public right-of-way caused by the applicant, and to pay the
8cost of removal of its facilities. To accomplish these
9requirements, the applicant may, at the time the applicant
10seeks to use the public rights-of-way in that jurisdiction, be
11required by the State of Illinois or later be required by the
12local unit of government, or both, to post a bond, produce a
13certificate of insurance, or otherwise demonstrate its
14financial responsibility.
15    The application shall include the applicant's general
16standards related to customer service required by Section
1722-501 of this Act, which shall include, but not be limited to,
18installation, disconnection, service and repair obligations;
19appointment hours; employee ID requirements; customer service
20telephone numbers and hours; procedures for billing, charges,
21deposits, refunds, and credits; procedures for termination of
22service; notice of deletion of programming service and changes
23related to transmission of programming or changes or increases
24in rates; use and availability of parental control or lock-out
25devices; complaint procedures and procedures for bill dispute
26resolution and a description of the rights and remedies



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1available to consumers if the holder does not materially meet
2their customer service standards; and special services for
3customers with visual, hearing, or mobility disabilities.
4    (c)(1) The applicant may designate information that it
5submits in its application or subsequent reports as
6confidential or proprietary, provided that the applicant
7states the reasons the confidential designation is necessary.
8The Commission shall provide adequate protection for such
9information pursuant to Section 4-404 of this Act. If the
10Commission, a local unit of government, or any other party
11seeks public disclosure of information designated as
12confidential, the Commission shall consider the confidential
13designation in a proceeding under the Illinois Administrative
14Procedure Act, and the burden of proof to demonstrate that the
15designated information is confidential shall be upon the
16applicant. Designated information shall remain confidential
17pending the Commission's determination of whether the
18information is entitled to confidential treatment. Information
19designated as confidential shall be provided to local units of
20government for purposes of assessing compliance with this
21Article as permitted under a Protective Order issued by the
22Commission pursuant to the Commission's rules and to the
23Attorney General pursuant to Section 6.5 of the Attorney
24General Act (15 ILCS 205/6.5). Information designated as
25confidential under this Section or determined to be
26confidential upon Commission review shall only be disclosed



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1pursuant to a valid and enforceable subpoena or court order or
2as required by the Freedom of Information Act. Nothing herein
3shall delay the application approval timeframes set forth in
4this Article.
5    (2) Information regarding the location of video services
6that have been or are being offered to the public and aggregate
7information included in the reports required by this Article
8shall not be designated or treated as confidential.
9    (d)(1) The Commission shall post all applications it
10receives under this Article on its web site within 5 business
12    (2) The Commission shall notify an applicant for a cable
13service or video service authorization whether the applicant's
14application and affidavit are complete on or before the 15th
15business day after the applicant submits the application. If
16the application and affidavit are not complete, the Commission
17shall state in its notice all of the reasons the application or
18affidavit are incomplete, and the applicant shall resubmit a
19complete application. The Commission shall have 30 days after
20submission by the applicant of a complete application and
21affidavit to issue the service authorization. If the
22Commission does not notify the applicant regarding the
23completeness of the application and affidavit or issue the
24service authorization within the time periods required under
25this subsection, the application and affidavit shall be
26considered complete and the service authorization issued upon



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1the expiration of the 30th day.
2    (e) Any authorization issued by the Commission will expire
3on December 31, 2029 2024 and shall contain or include all of
4the following:
5        (1) A grant of authority, including an authorization
6    issued prior to this amendatory Act of the 98th General
7    Assembly, to provide cable service or video service in the
8    service area footprint as requested in the application,
9    subject to the provisions of this Article in existence on
10    the date the grant of authority was issued, and any
11    modifications to this Article enacted at any time prior to
12    the date in Section 21-1601 of this Act, and to the laws of
13    the State and the ordinances, rules, and regulations of
14    the local units of government.
15        (2) A grant of authority to use, occupy, and construct
16    facilities in the public rights-of-way for the delivery of
17    cable service or video service in the service area
18    footprint, subject to the laws, ordinances, rules, or
19    regulations of this State and local units of governments.
20        (3) A statement that the grant of authority is subject
21    to lawful operation of the cable service or video service
22    by the applicant, its affiliated entities, or its
23    successors-in-interest.
24    (e-5) The Commission shall notify a local unit of
25government within 3 business days of the grant of any
26authorization within a service area footprint if that



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



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



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1Administrative Procedure Act, or any other law or regulation
2to conduct proceedings, other than as provided in subsection
3(c), or has to promulgate rules or regulations. The Commission
4shall not have the authority to limit or expand the
5obligations and requirements provided in this Section or to
6regulate or control a person or entity to the extent that
7person or entity is providing cable service or video service,
8except as provided in this Article.
9(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
10    (220 ILCS 5/21-1601)
11    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
12this Article are repealed December 31, 2026 2021.
13(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.