Full Text of SB1381 100th General Assembly
SB1381eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as the 2017 | 5 | | High-speed Internet Investment and Telecommunications | 6 | | Modernization Act for Job Creation and Public Safety. | 7 | | Section 5. The Public Utilities Act is amended by changing | 8 | | Sections 13-102, 13-103, 13-301.1, 13-406, and 21-401 and by | 9 | | adding Section 13-406.1 as follows:
| 10 | | (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
| 11 | | (Section scheduled to be repealed on July 1, 2017)
| 12 | | Sec. 13-102. Findings. With respect to telecommunications | 13 | | services, as
herein defined, the General Assembly finds that:
| 14 | | (a) universally available and widely affordable | 15 | | telecommunications
services are essential to the health, | 16 | | welfare and prosperity of all Illinois
citizens;
| 17 | | (b) federal regulatory and judicial rulings in the 1980s | 18 | | caused a
restructuring of the telecommunications industry and | 19 | | opened some
aspects of the industry to competitive entry, | 20 | | thereby necessitating
revision of State telecommunications | 21 | | regulatory policies and practices;
| 22 | | (c) revisions in telecommunications regulatory policies |
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| 1 | | and practices in
Illinois beginning in the mid-1980s brought | 2 | | the benefits of competition to
consumers in many | 3 | | telecommunications markets, but not in local exchange
| 4 | | telecommunications service markets;
| 5 | | (d) the federal Telecommunications Act of 1996 established | 6 | | the goal of
opening all telecommunications service markets to | 7 | | competition and
accords to the states the responsibility to | 8 | | establish and enforce
policies necessary to attain that goal;
| 9 | | (e) it is in the immediate interest of the People of the | 10 | | State of Illinois
for the State to exercise its rights within | 11 | | the new framework of federal
telecommunications policy to | 12 | | ensure that the economic benefits of competition
in all | 13 | | telecommunications service markets are realized as
effectively | 14 | | as possible;
| 15 | | (f) the competitive offering of all telecommunications | 16 | | services
will increase innovation and efficiency in the | 17 | | provision of
telecommunications services and may lead to | 18 | | reduced prices for consumers,
increased investment in | 19 | | communications infrastructure, the creation of new
jobs, and | 20 | | the attraction of new businesses to Illinois; and
| 21 | | (g) protection of the public interest requires changes in | 22 | | the regulation of
telecommunications carriers and services to | 23 | | ensure, to the maximum feasible
extent, the reasonable and | 24 | | timely development of effective competition in all
| 25 | | telecommunications service markets ; .
| 26 | | (h) Illinois residents rely on today's modern wired and |
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| 1 | | wireless Internet Protocol (IP) networks and services to | 2 | | improve their lives by connecting them to school and college | 3 | | degrees, work and job opportunities, family and friends, | 4 | | information, and entertainment, as well as emergency | 5 | | responders and public safety officials; Illinois businesses | 6 | | rely on these modern IP networks and services to compete in a | 7 | | global marketplace by expanding their customer base, managing | 8 | | inventory and operations more efficiently, and offering | 9 | | customers specialized and personalized products and services; | 10 | | without question, Illinois residents and our State's economy | 11 | | rely profoundly on the modern wired and wireless IP networks | 12 | | and services in our State; | 13 | | (i) the transition from 20th century traditional circuit | 14 | | switched and other legacy telephone services to modern 21st | 15 | | century next generation Internet Protocol (IP) services is | 16 | | taking place at an extraordinary pace as Illinois consumers are | 17 | | upgrading to home communications service using IP technology, | 18 | | including high speed Internet, Voice over Internet Protocol, | 19 | | and wireless service; | 20 | | (j) this rapid transition to IP-based communications has | 21 | | dramatically transformed the way people communicate and has | 22 | | provided significant benefits to consumers in the form of | 23 | | innovative functionalities resulting from the seamless | 24 | | convergence of voice, video, and text, benefits realized by the | 25 | | General Assembly when it chose to transition its own | 26 | | telecommunications system to an all IP communications network |
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| 1 | | in 2016; | 2 | | (k) the benefits of the transition to IP-based networks and | 3 | | services were also recognized by the General Assembly in 2015 | 4 | | through the enactment of legislation requiring that every 9-1-1 | 5 | | emergency system in Illinois provide Next Generation 9-1-1 | 6 | | service by July 1, 2020 and requiring that the Next Generation | 7 | | 9-1-1 network must be an IP-based platform; and | 8 | | (l) completing the transition to all IP-based networks and | 9 | | technologies is in the public interest because it will promote | 10 | | continued innovation, consumer benefits, increased | 11 | | efficiencies, and increased investment in IP-based networks | 12 | | and services. | 13 | | (Source: P.A. 90-185, eff. 7-23-97 .)
| 14 | | (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
| 15 | | (Section scheduled to be repealed on July 1, 2017)
| 16 | | Sec. 13-103. Policy. Consistent with its findings, the | 17 | | General Assembly
declares that it is the policy of the State of | 18 | | Illinois that:
| 19 | | (a) telecommunications services should be
available to all | 20 | | Illinois
citizens at just, reasonable, and affordable rates and | 21 | | that such services
should be provided as widely and | 22 | | economically as possible in sufficient
variety, quality, | 23 | | quantity and reliability to satisfy the public interest;
| 24 | | (b) consistent with the protection of consumers of
| 25 | | telecommunications services and the furtherance of other |
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| 1 | | public interest
goals, competition in all telecommunications | 2 | | service markets should be
pursued as a
substitute for | 3 | | regulation in determining the variety, quality and price
of | 4 | | telecommunications services and that the economic burdens of | 5 | | regulation
should be reduced to the extent possible consistent | 6 | | with the furtherance of
market competition and protection of | 7 | | the
public interest;
| 8 | | (c) all necessary and appropriate modifications to State | 9 | | regulation of
telecommunications carriers and services should | 10 | | be implemented without
unnecessary disruption to the | 11 | | telecommunications
infrastructure
system or to consumers of
| 12 | | telecommunications services and that it is necessary and | 13 | | appropriate to
establish rules to encourage and ensure orderly
| 14 | | transitions in the development of markets for all
| 15 | | telecommunications services;
| 16 | | (d) the consumers of telecommunications services and | 17 | | facilities provided
by persons or companies subject to | 18 | | regulation pursuant to this Act and Article
should be required | 19 | | to pay only reasonable and non-discriminatory rates or
charges | 20 | | and that in no case should rates or charges for non-competitive
| 21 | | telecommunications services include any portion of the cost of | 22 | | providing
competitive telecommunications services, as defined | 23 | | in Section 13-209, or
the cost of any nonregulated activities;
| 24 | | (e) the regulatory policies and procedures provided in this | 25 | | Article are
established in recognition of the changing nature | 26 | | of the telecommunications
industry and therefore should be |
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| 1 | | subject to systematic legislative review to
ensure that the | 2 | | public benefits intended to result from such policies and
| 3 | | procedures are fully realized; and
| 4 | | (f) development of and prudent investment in advanced
| 5 | | telecommunications services and networks that foster economic | 6 | | development
of the State
should be encouraged through the | 7 | | implementation and enforcement of policies
that promote | 8 | | effective and sustained competition in all
telecommunications | 9 | | service markets ; and .
| 10 | | (g) completion of the transition to modern IP-based | 11 | | networks should be encouraged through relief from the outdated | 12 | | regulations that require continued investment in legacy | 13 | | circuit switched networks from which Illinois consumers have | 14 | | largely transitioned, while at the same time ensuring that | 15 | | consumers have access to available alternative services that | 16 | | provide quality voice service and access to emergency | 17 | | communications. | 18 | | (Source: P.A. 90-185, eff. 7-23-97 .)
| 19 | | (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
| 20 | | (Section scheduled to be repealed on July 1, 2017)
| 21 | | Sec. 13-301.1. Universal Telephone Service Assistance | 22 | | Program.
| 23 | | (a) The Commission shall by rule or regulation establish a | 24 | | Universal
Telephone Service Assistance Program for low income | 25 | | residential customers.
The program shall provide for a |
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| 1 | | reduction of access line charges, a
reduction of connection | 2 | | charges, or any other alternative assistance or program to | 3 | | increase
accessibility to telephone service and broadband | 4 | | Internet access service that the Commission deems advisable
| 5 | | subject to the availability of funds for the program as | 6 | | provided in subsections
subsection (d) and (e) . The Commission | 7 | | shall establish eligibility
requirements
for benefits under | 8 | | the program.
| 9 | | (b) The Commission shall adopt rules providing for enhanced | 10 | | enrollment for
eligible consumers to receive lifeline service. | 11 | | Enhanced enrollment may
include, but is not limited to, joint | 12 | | marketing, joint application, or joint
processing with the | 13 | | Low-Income Home Energy Assistance Program, the Medicaid
| 14 | | Program, and the Food Stamp Program. The Department of Human | 15 | | Services, the
Department of Healthcare and Family Services, and | 16 | | the Department of Commerce and Economic Opportunity,
upon | 17 | | request of the Commission, shall assist in the adoption and | 18 | | implementation
of those rules. The Commission and the | 19 | | Department of Human Services, the
Department of Healthcare and | 20 | | Family Services, and the Department of Commerce and Economic | 21 | | Opportunity
may enter into memoranda of understanding | 22 | | establishing the respective duties of
the Commission and the | 23 | | Departments in relation to enhanced enrollment.
| 24 | | (c) In this Section : , | 25 | | "Lifeline "lifeline service" means a retail local | 26 | | service
offering described by 47 CFR C.F.R. Section |
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| 1 | | 54.401(a), as amended.
| 2 | | (d) The Commission shall require by rule or regulation that | 3 | | each
telecommunications carrier providing local exchange | 4 | | telecommunications
services notify its customers that if the | 5 | | customer wishes to participate in
the funding of the Universal | 6 | | Telephone Service Assistance Program he may do
so by electing | 7 | | to contribute, on a monthly basis, a fixed amount that will
be | 8 | | included in the customer's monthly bill. The customer may cease
| 9 | | contributing at any time upon providing notice to the | 10 | | telecommunications
carrier providing local exchange | 11 | | telecommunications services. The notice
shall state that any | 12 | | contribution made will not reduce the customer's bill
for | 13 | | telecommunications services. Failure to remit the amount of | 14 | | increased
payment will reduce the contribution accordingly. | 15 | | The Commission shall
specify the monthly fixed amount or | 16 | | amounts that customers wishing to
contribute to the funding of | 17 | | the Universal Telephone Service Assistance
Program may choose | 18 | | from in making their contributions. Every
telecommunications | 19 | | carrier providing local exchange telecommunications
services | 20 | | shall remit the amounts contributed in accordance with the | 21 | | terms
of the Universal Telephone Service Assistance Program.
| 22 | | (e) Amounts collected and remitted under subsection (d) | 23 | | may, to the extent the Commission deems advisable, be used for | 24 | | funding a program to be administered by the entity designated | 25 | | by the Commission as administrator of the Universal Telephone | 26 | | Service Assistance Program for educating and assisting |
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| 1 | | low-income residential customers with a transition to Internet | 2 | | protocol-based networks and services. This program may | 3 | | include, but need not be limited to, measures designed to | 4 | | notify and educate residential customers regarding the | 5 | | availability of alternative voice services with access to | 6 | | 9-1-1, access to and use of broadband Internet access service, | 7 | | and pricing options. | 8 | | (Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07 .)
| 9 | | (220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
| 10 | | (Section scheduled to be repealed on July 1, 2017)
| 11 | | Sec. 13-406. Abandonment of service. No telecommunications | 12 | | carrier offering or providing
noncompetitive | 13 | | telecommunications service pursuant to a valid
Certificate of | 14 | | Service Authority or certificate of public convenience and
| 15 | | necessity shall discontinue or abandon such service once | 16 | | initiated until
and unless it shall demonstrate, and the | 17 | | Commission finds, after notice and
hearing, that such | 18 | | discontinuance or abandonment will not deprive customers
of any | 19 | | necessary or essential telecommunications service or access | 20 | | thereto
and is not otherwise contrary to the public interest. | 21 | | No
telecommunications carrier offering or providing | 22 | | competitive
telecommunications service shall completely | 23 | | discontinue or abandon such service to an identifiable class or | 24 | | group of customers once
initiated except upon 60 days notice to | 25 | | the Commission and affected
customers. The Commission may, upon |
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| 1 | | its own motion or upon complaint,
investigate the proposed | 2 | | discontinuance or abandonment of a competitive
| 3 | | telecommunications service and may, after notice and hearing, | 4 | | prohibit such
proposed discontinuance or abandonment if the | 5 | | Commission finds that it
would be contrary to the public | 6 | | interest. If the Commission does not provide notice of a | 7 | | hearing within 60 calendar days after the notification or holds | 8 | | a hearing and fails to find that the proposed discontinuation | 9 | | or abandonment would be contrary to the public interest, the | 10 | | provider may discontinue or abandon such service after | 11 | | providing at least 30 days notice to affected customers. This | 12 | | Section does not apply to a Large Electing Provider proceeding | 13 | | under Section 13-406.1.
| 14 | | (Source: P.A. 96-927, eff. 6-15-10 .)
| 15 | | (220 ILCS 5/13-406.1 new) | 16 | | Sec. 13-406.1. Large Electing Provider transition to | 17 | | IP-based networks and service. | 18 | | (a) As used in this Section: | 19 | | "Alternative voice service" means service that includes | 20 | | all of the applicable functionalities for voice telephony | 21 | | services described in 47 CFR 54.101(a). | 22 | | "Existing customer" means a residential customer of the | 23 | | Large Electing Provider who is subscribing to a | 24 | | telecommunications service on the date the Large Electing | 25 | | Provider sends its notice under paragraph (1) of subsection (c) |
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| 1 | | of this Section of its intent to cease offering and providing | 2 | | service. For purposes of this Section, a residential customer | 3 | | of the Large Electing Provider whose service has been | 4 | | temporarily suspended, but not finally terminated as of the | 5 | | date that the Large Electing Provider sends such notice, shall | 6 | | be deemed to be an "existing customer". | 7 | | "Large Electing Provider" means an Electing Provider, as | 8 | | defined in Section 13-506.2 of this Act, that reported in its | 9 | | annual competition report for the year 2016 filed with the | 10 | | Commission under Section 13-407 of this Act and 83 Ill. Adm. | 11 | | Code 793 that it provided at least 700,000 access lines to end | 12 | | users. | 13 | | "New customer" means a residential customer who is not | 14 | | subscribing to a telecommunications service provided by the | 15 | | Large Electing Provider on the date the Large Electing Provider | 16 | | sends its notice under paragraph (1) of subsection (c) of this | 17 | | Section of its intent to cease offering and providing such | 18 | | service. | 19 | | "Provider" includes every corporation, company, | 20 | | association, firm, partnership, and individual and their | 21 | | lessees, trustees, or receivers appointed by any court that | 22 | | sell or offer to sell an alternative voice service. | 23 | | "Reliable access to 9-1-1" means access to 9-1-1 that | 24 | | complies with the applicable rules, regulations, and | 25 | | guidelines established by the Federal Communications | 26 | | Commission and the applicable provisions of the Emergency |
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| 1 | | Telephone System Act and implementing rules. | 2 | | "Willing provider" means a provider that voluntarily | 3 | | participates in the request for service process. | 4 | | (b) Beginning June 30, 2017, a Large Electing Provider may, | 5 | | to the extent permitted by and consistent with federal law, | 6 | | including, as applicable, approval by the Federal | 7 | | Communications Commission of the discontinuance of the | 8 | | interstate-access component of a telecommunications service, | 9 | | cease to offer and provide a telecommunications service to an | 10 | | identifiable class or group of customers, other than voice | 11 | | telecommunications service to residential customers, upon 60 | 12 | | days' notice to the Commission and affected customers. | 13 | | (c) Beginning June 30, 2017, a Large Electing Provider may, | 14 | | to the extent permitted by and consistent with federal law, | 15 | | cease to offer and provide voice telecommunications service to | 16 | | an identifiable class or group of residential customers, which, | 17 | | for the purposes of this subsection (c), shall be referred to | 18 | | as "requested service", subject to compliance with the | 19 | | following requirements: | 20 | | (1) No less than 255 days prior to providing notice to | 21 | | the Federal Communications Commission of its intent to | 22 | | discontinue the interstate-access component of the | 23 | | requested service, the Large Electing Provider shall: | 24 | | (A) file a notice of the proposed cessation of the | 25 | | requested service with the Commission; and | 26 | | (B) provide notice of the proposed cessation of the |
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| 1 | | requested service to each of the Large Electing | 2 | | Provider's existing customers within the affected | 3 | | geographic area by first-class mail separate from | 4 | | customer bills. If the customer has elected to receive | 5 | | electronic billing, the notice shall be sent | 6 | | electronically and by first-class mail separate from | 7 | | customer bills. The notice provided under this | 8 | | subparagraph (B) must describe the requested service, | 9 | | identify the earliest date on which the Large Electing | 10 | | Provider intends to cease offering or providing the | 11 | | telecommunications service, provide a telephone number | 12 | | by which the existing customer may contact a service | 13 | | representative of the Large Electing Provider, and | 14 | | provide a telephone number by which the existing | 15 | | customer may contact the Commission's Consumer | 16 | | Services Division. The notice shall also include the | 17 | | following statement: | 18 | | "If you do not believe that an alternative | 19 | | voice service including reliable access to 9-1-1 | 20 | | is available to you, from either [name of Large | 21 | | Electing Provider] or another provider of wired or | 22 | | wireless voice service where you live, you have the | 23 | | right to request the Illinois Commerce Commission | 24 | | to investigate the availability of alternative | 25 | | voice service including reliable access to 9-1-1. | 26 | | To do so, you must submit such a request in either |
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| 1 | | writing or by signing and returning a copy of this | 2 | | notice, no later than (insert date), 60 days after | 3 | | the date of the notice to the following address: | 4 | | Chief Clerk of the Illinois Commerce Commission | 5 | | 527 East Capitol Avenue | 6 | | Springfield, Illinois 62706 | 7 | | You must include in your request a reference to | 8 | | the notice you received from [Large Electing | 9 | | Provider's name] and the date of notice.". | 10 | | Thirty days following the date of notice, the Large | 11 | | Electing Provider shall provide each customer to which | 12 | | the notice was sent a follow-up notice containing the | 13 | | same information and reminding customers of the | 14 | | deadline for requesting the Commission to investigate | 15 | | alternative voice service with access to 9-1-1. | 16 | | (2) After June 30, 2017, and only in a geographic area | 17 | | for which a Large Electing Provider has provided notice of | 18 | | proposed cessation of the requested service to existing | 19 | | customers under paragraph (1) of this subsection (c), an | 20 | | existing customer of that provider may, within 60 days | 21 | | after issuance of such notice, request the Commission to | 22 | | investigate the availability of alternative voice service | 23 | | including reliable access to 9-1-1 to that customer. For | 24 | | the purposes of this paragraph (2), existing customers who | 25 | | make such a request are referred to as "requesting existing | 26 | | customers". The Large Electing Provider may cease to offer |
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| 1 | | or provide the requested service to existing customers who | 2 | | do not make a request for investigation beginning 30 days | 3 | | after issuance of the notice required by paragraph (5) of | 4 | | this subsection (c). | 5 | | (A) In response to all requests and investigations | 6 | | under this paragraph (2), the Commission shall conduct | 7 | | a single investigation to be commenced 75 days after | 8 | | the receipt of notice under paragraph (1) of this | 9 | | subsection (c), and completed within 135 days after | 10 | | commencement. The Commission shall, within 135 days | 11 | | after commencement of the investigation, make one of | 12 | | the findings described in subdivisions (i) and (ii) of | 13 | | this subparagraph (A) for each requesting existing | 14 | | customer. | 15 | | (i) If, as a result of the investigation, the | 16 | | Commission finds that service from at least one | 17 | | provider offering alternative voice service | 18 | | including reliable access to 9-1-1 through any | 19 | | technology or medium is available to one or more | 20 | | requesting existing customers, the Commission | 21 | | shall declare by order that, with respect to each | 22 | | requesting existing customer for which such a | 23 | | finding is made, the Large Electing Provider may | 24 | | cease to offer or provide the requested service | 25 | | beginning 30 days after the issuance of the notice | 26 | | required by paragraph (5) of this subsection (c). |
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| 1 | | (ii) If, as a result of the investigation, the | 2 | | Commission finds that service from at least one | 3 | | provider offering alternative voice service, | 4 | | including reliable access to 9-1-1, through any | 5 | | technology or medium is not available to one or | 6 | | more requesting existing customers, the Commission | 7 | | shall declare by order that an emergency exists | 8 | | with respect to each requesting existing customer | 9 | | for which such a finding is made. | 10 | | (B) If the Commission declares an emergency under | 11 | | subdivision (ii) of subparagraph (A) of this paragraph | 12 | | (2) with respect to one or more requesting existing | 13 | | customers, the Commission shall conduct a request for | 14 | | service process to identify a willing provider of | 15 | | alternative voice service including reliable access to | 16 | | 9-1-1. A provider shall not be required to participate | 17 | | in the request for service process. The willing | 18 | | provider may utilize any form of technology that is | 19 | | capable of providing alternative voice service | 20 | | including reliable access to 9-1-1, including, without | 21 | | limitation, Voice over Internet Protocol services and | 22 | | wireless services. The Commission shall, within 45 | 23 | | days after the issuance of an order finding that an | 24 | | emergency exists, make one of the determinations | 25 | | described in subdivisions (i) and (ii) of this | 26 | | subparagraph (B) for each requesting existing customer |
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| 1 | | for which an emergency has been declared. | 2 | | (i) If the Commission determines that another | 3 | | provider is willing and capable of providing | 4 | | alternative voice service including reliable | 5 | | access to 9-1-1 to one or more requesting existing | 6 | | customers for which an emergency has been | 7 | | declared, the Commission shall declare by order | 8 | | that, with respect to each requesting existing | 9 | | customer for which such a determination is made, | 10 | | the Large Electing Provider may cease to offer or | 11 | | provide the requested service beginning 30 days | 12 | | after the issuance of the notice required by | 13 | | paragraph (5) of this Section. | 14 | | (ii) If the Commission determines that for one | 15 | | or more of the requesting existing customers for | 16 | | which an emergency has been declared there is no | 17 | | other provider willing and capable of providing | 18 | | alternative voice service including reliable | 19 | | access to 9-1-1, the Commission shall issue an | 20 | | order requiring the Large Electing Provider to | 21 | | provide alternative voice service including | 22 | | reliable access to 9-1-1 to each such requesting | 23 | | existing customer utilizing any form of technology | 24 | | capable of providing alternative voice service | 25 | | including reliable access to 9-1-1, including, | 26 | | without limitation, continuation of the requested |
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| 1 | | service, Voice over Internet Protocol services, | 2 | | and wireless services, until another willing | 3 | | provider is available. A Large Electing Provider | 4 | | may fulfill the requirement through an affiliate | 5 | | or another provider. The Large Electing Provider | 6 | | may request that such an order be rescinded upon a | 7 | | showing that an alternative voice service | 8 | | including reliable access to 9-1-1 has become | 9 | | available to the requesting existing customer from | 10 | | another provider. | 11 | | (3) If the Commission receives no requests for | 12 | | investigation from any existing customer under paragraph | 13 | | (2) of this subsection (c) within 60 days after issuance of | 14 | | the notice under paragraph (1) of this subsection (c), the | 15 | | Commission shall provide written notice to the Large | 16 | | Electing Provider of that fact no later than 75 days after | 17 | | receipt of notice under paragraph (1) of this subsection | 18 | | (c). Notwithstanding any provision of this subsection (c) | 19 | | to the contrary, if no existing customer requests an | 20 | | investigation under paragraph (2) of this subsection (c), | 21 | | the Large Electing Provider may immediately provide the | 22 | | notice to the Federal Communications Commission as | 23 | | described in paragraph (4) of this subsection (c). | 24 | | (4) At the same time that it provides notice to the | 25 | | Federal Communications Commission of its intent to | 26 | | discontinue the interstate-access component of the |
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| 1 | | requested service, the Large Electing Provider shall: | 2 | | (A) file a notice of proposal to cease to offer and | 3 | | provide the requested service with the Commission; and | 4 | | (B) provide a notice of proposal to cease to offer | 5 | | and provide the requested service to existing | 6 | | customers and new customers receiving the service at | 7 | | the time of the notice within each affected geographic | 8 | | area, with the notice made by first-class mail or | 9 | | within customer bills delivered by mail or equivalent | 10 | | means of notice, including electronic means if the | 11 | | customer has elected to receive electronic billing. | 12 | | The notice provided under this subparagraph (B) must | 13 | | include a brief description of the requested service, | 14 | | the date on which the Large Electing Provider intends | 15 | | to cease offering or providing the telecommunications | 16 | | service, and a statement as required by 47 CFR 63.71 | 17 | | that describes the process by which the customer may | 18 | | submit comments to the Federal Communications | 19 | | Commission. | 20 | | (5) Upon approval by the Federal Communications | 21 | | Commission of its request to discontinue the | 22 | | interstate-access component of the requested service and | 23 | | subject to the requirements of any order issued by the | 24 | | Commission under subdivision (ii) of subparagraph (B) of | 25 | | paragraph (2) of this subsection (c), the Large Electing | 26 | | Provider may immediately cease to offer the requested |
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| 1 | | service to all customers not receiving the service on the | 2 | | date of the Federal Communications Commission's approval | 3 | | and may cease to offer and provide the requested service to | 4 | | all customers receiving the service at the time of the | 5 | | Federal Communications Commission's approval upon 30 days' | 6 | | notice to the Commission and affected customers. Notice to | 7 | | affected customers under this paragraph (5) shall be | 8 | | provided by first-class mail separate from customer bills. | 9 | | The notice provided under this paragraph (5) must describe | 10 | | the requested service, identify the date on which the Large | 11 | | Electing Provider intends to cease offering or providing | 12 | | the telecommunications service, and provide a telephone | 13 | | number by which the existing customer may contact a service | 14 | | representative of the Large Electing Provider. | 15 | | (6) The notices provided for in paragraph (1) of this | 16 | | subsection (c) are not required as a prerequisite for the | 17 | | Large Electing Provider to cease to offer or provide a | 18 | | telecommunications service in a geographic area where | 19 | | there are no residential customers taking service from the | 20 | | Large Electing Provider on the date that the Large Electing | 21 | | Provider files notice to the Federal Communications | 22 | | Commission of its intent to discontinue the | 23 | | interstate-access component of the requested service in | 24 | | such a geographic area. | 25 | | (7) For a period of 45 days following the date of a | 26 | | notice issued pursuant to paragraph (5) of this Section, |
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| 1 | | any existing customer (i) who is located in the affected | 2 | | geographic area subject to that notice; (ii) who was | 3 | | receiving the requested service as of the date of the | 4 | | Federal Communications Commission's approval of the Large | 5 | | Electing Provider's request to discontinue the | 6 | | interstate-access component of the requested service; | 7 | | (iii) who did not make a timely request for investigation | 8 | | pursuant to paragraph (2) of this Section; and (iv) whose | 9 | | service will be or has been discontinued pursuant to | 10 | | paragraph (5), may request assistance from the Large | 11 | | Electing Provider in identifying providers of alternative | 12 | | voice service including reliable access to 9-1-1. Within 15 | 13 | | days of the request, the Large Electing Provider shall | 14 | | provide the customer with a list of alternative voice | 15 | | service providers. | 16 | | (8) Notwithstanding any other provision of this Act, | 17 | | except as expressly authorized by this subsection (c), the | 18 | | Commission may not, upon its own motion or upon complaint, | 19 | | investigate, suspend, disapprove, condition, or otherwise | 20 | | regulate the cessation of a telecommunications service to | 21 | | an identifiable class or group of customers once initiated | 22 | | by a Large Electing Provider under subsection (b) or this | 23 | | subsection (c). | 24 | | (220 ILCS 5/21-401) | 25 | | (Section scheduled to be repealed on July 1, 2017) |
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| 1 | | Sec. 21-401. Applications. | 2 | | (a)(1) A person or entity seeking to provide cable service | 3 | | or video service pursuant to this Article shall not use the | 4 | | public rights-of-way for the installation or construction of | 5 | | facilities for the provision of cable service or video service | 6 | | or offer cable service or video service until it has obtained a | 7 | | State-issued authorization to offer or provide cable or video | 8 | | service under this Section, except as provided for in item (2) | 9 | | of this subsection (a). All cable or video providers offering | 10 | | or providing service in this State shall have authorization | 11 | | pursuant to either (i) the Cable and Video Competition Law of | 12 | | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the | 13 | | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section | 14 | | 5-1095 of the Counties Code (55 ILCS 5/5-1095). | 15 | | (2) Nothing in this Section shall prohibit a local unit of | 16 | | government from granting a permit to a person or entity for the | 17 | | use of the public rights-of-way to install or construct | 18 | | facilities to provide cable service or video service, at its | 19 | | sole discretion. No unit of local government shall be liable | 20 | | for denial or delay of a permit prior to the issuance of a | 21 | | State-issued authorization. | 22 | | (b) The application to the Commission for State-issued | 23 | | authorization shall contain a completed affidavit submitted by | 24 | | the applicant and signed by an officer or general partner of | 25 | | the applicant affirming all of the following: | 26 | | (1) That the applicant has filed or will timely file |
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| 1 | | with the Federal Communications Commission all forms | 2 | | required by that agency in advance of offering cable | 3 | | service or video service in this State. | 4 | | (2) That the applicant agrees to comply with all | 5 | | applicable federal and State statutes and regulations. | 6 | | (3) That the applicant agrees to comply with all | 7 | | applicable local unit of government regulations. | 8 | | (4) An exact description of the cable service or video | 9 | | service area where the cable service or video service will | 10 | | be offered during the term of the State-issued | 11 | | authorization. The service area shall be identified in | 12 | | terms of either (i) exchanges, as that term is defined in | 13 | | Section 13-206 of this Act; (ii) a collection of United | 14 | | States Census Bureau Block numbers (13 digit); (iii) if the | 15 | | area is smaller than the areas identified in either (i) or | 16 | | (ii), by geographic information system digital boundaries | 17 | | meeting or exceeding national map accuracy standards; or | 18 | | (iv) local unit of government. The description shall | 19 | | include the number of low-income households within the | 20 | | service area or footprint. If an applicant is an incumbent | 21 | | cable operator, the incumbent cable operator and any | 22 | | successor-in-interest shall be obligated to provide access | 23 | | to cable services or video services within any local units | 24 | | of government at the same levels required by the local | 25 | | franchising authorities for the local unit of government on | 26 | | June 30, 2007
(the effective date of Public Act 95-9),
and |
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| 1 | | its application shall provide a description of an area no | 2 | | smaller than the service areas contained in its franchise | 3 | | or franchises
within the jurisdiction of the local unit of | 4 | | government in which it seeks to offer cable or video | 5 | | service. | 6 | | (5) The location and telephone number of the | 7 | | applicant's principal place of business within this State | 8 | | and the names of the applicant's principal executive | 9 | | officers who are responsible for communications concerning | 10 | | the application and the services to be offered pursuant to | 11 | | the application, the applicant's legal name, and any name | 12 | | or names under which the applicant does or will provide | 13 | | cable services or video services in this State. | 14 | | (6) A certification that the applicant has | 15 | | concurrently delivered a copy of the application to all | 16 | | local units of government that include all or any part of | 17 | | the service area identified in item (4) of this subsection | 18 | | (b)
within such local unit of government's jurisdictional | 19 | | boundaries. | 20 | | (7) The expected date that cable service or video | 21 | | service will be initially offered in the area identified in | 22 | | item (4) of this subsection (b). In the event that a holder | 23 | | does not offer cable services or video services within 3
| 24 | | months after the expected date, it shall amend its | 25 | | application and update the expected date service will be | 26 | | offered and explain the delay in offering cable services or |
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| 1 | | video services. | 2 | | (8) For any entity that received State-issued | 3 | | authorization prior to this amendatory Act of the 98th | 4 | | General Assembly as a cable operator and that intends to | 5 | | proceed as a cable operator under this Article, the entity | 6 | | shall file a written affidavit with the Commission and | 7 | | shall serve a copy of the affidavit with any local units of | 8 | | government affected by the authorization within 30 days | 9 | | after the effective date of this amendatory Act of the 98th | 10 | | General Assembly stating that the holder will be providing | 11 | | cable service under the State-issued authorization. | 12 | | The application shall include adequate assurance that the | 13 | | applicant possesses the financial, managerial, legal, and | 14 | | technical qualifications necessary to construct and operate | 15 | | the proposed system, to promptly repair any damage to the | 16 | | public right-of-way caused by the applicant, and to pay the | 17 | | cost of removal of its facilities. To accomplish these | 18 | | requirements, the applicant may, at the time the applicant | 19 | | seeks to use the public rights-of-way in that jurisdiction, be | 20 | | required by the State of Illinois or
later be required by the | 21 | | local unit of government, or both, to post a bond, produce a | 22 | | certificate of insurance, or otherwise demonstrate its | 23 | | financial responsibility. | 24 | | The application shall include the applicant's general | 25 | | standards related to customer service required by Section | 26 | | 22-501 of this Act, which shall include, but not be limited to, |
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| 1 | | installation, disconnection, service and repair obligations; | 2 | | appointment hours; employee ID requirements; customer service | 3 | | telephone numbers and hours; procedures for billing, charges, | 4 | | deposits, refunds, and credits; procedures for termination of | 5 | | service; notice of deletion of programming service and changes | 6 | | related to transmission of programming or changes or increases | 7 | | in rates; use and availability of parental control or lock-out | 8 | | devices; complaint procedures and procedures for bill dispute | 9 | | resolution and a description of the rights and remedies | 10 | | available to consumers if the holder does not materially meet | 11 | | their customer service standards; and special services for | 12 | | customers with visual, hearing, or mobility disabilities. | 13 | | (c)(1) The applicant may designate information that it | 14 | | submits in its application or subsequent reports as | 15 | | confidential or proprietary, provided that the applicant | 16 | | states the reasons the confidential designation is necessary. | 17 | | The Commission shall provide adequate protection for such | 18 | | information pursuant to Section 4-404 of this Act. If the | 19 | | Commission, a local unit of government, or any other party | 20 | | seeks public disclosure of information designated as | 21 | | confidential, the Commission shall consider the confidential | 22 | | designation in a proceeding under the Illinois Administrative | 23 | | Procedure
Act, and the burden of proof to demonstrate that the | 24 | | designated information is confidential shall be upon the | 25 | | applicant. Designated information shall remain confidential | 26 | | pending the Commission's determination of whether the |
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| 1 | | information is entitled to confidential treatment. Information | 2 | | designated as confidential shall be provided to local units of | 3 | | government for purposes of assessing compliance with this | 4 | | Article as permitted under a Protective Order issued by the | 5 | | Commission pursuant to the Commission's rules and to the | 6 | | Attorney General pursuant to Section 6.5 of the Attorney | 7 | | General Act
(15 ILCS 205/6.5). Information designated as | 8 | | confidential under this Section or determined to be | 9 | | confidential upon Commission review shall only be disclosed | 10 | | pursuant to a valid and enforceable subpoena or court order or | 11 | | as required by the Freedom of Information Act. Nothing herein | 12 | | shall delay the application approval timeframes set forth in | 13 | | this Article. | 14 | | (2) Information regarding the location of video services | 15 | | that have been or are being offered to the public and aggregate | 16 | | information included in the reports required by this Article | 17 | | shall not be designated or treated as confidential. | 18 | | (d)(1) The Commission shall post all applications it | 19 | | receives under this Article on its web site within 5
business | 20 | | days. | 21 | | (2) The Commission shall notify an applicant for a cable | 22 | | service or video service authorization whether the applicant's | 23 | | application and affidavit are complete on or before the 15th | 24 | | business day after the applicant submits the application. If | 25 | | the application and affidavit are not complete, the Commission | 26 | | shall state in its notice all of the reasons the application or |
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| 1 | | affidavit are incomplete, and the applicant shall resubmit a | 2 | | complete application. The Commission shall have 30 days after | 3 | | submission by the applicant of a complete application and | 4 | | affidavit to issue the service authorization. If the Commission | 5 | | does not notify the applicant regarding the completeness of the | 6 | | application and affidavit or issue the service authorization | 7 | | within the time periods required under this subsection, the | 8 | | application and affidavit shall be considered complete and the | 9 | | service authorization issued upon the expiration of the 30th | 10 | | day. | 11 | | (e) Any authorization issued by the Commission will expire | 12 | | on December 31, 2020 and shall contain or include all of the | 13 | | following: | 14 | | (1) A grant of authority, including an authorization | 15 | | issued prior to this amendatory Act of the 98th General | 16 | | Assembly, to provide cable service or video service in the | 17 | | service area footprint as requested in the application, | 18 | | subject to the provisions of this Article in existence on | 19 | | the date the grant of authority was issued, and any | 20 | | modifications to this Article enacted at any time prior to | 21 | | the date in Section 21-1601 of this Act, and to the laws of | 22 | | the State and the ordinances, rules, and regulations of the | 23 | | local units of government. | 24 | | (2) A grant of authority to use, occupy, and construct | 25 | | facilities in the public rights-of-way for the delivery of | 26 | | cable service or video service in the service area |
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| 1 | | footprint, subject to the laws, ordinances, rules, or | 2 | | regulations of this State and local units of governments. | 3 | | (3) A statement that the grant of authority is subject | 4 | | to lawful operation of the cable service or video service | 5 | | by the applicant, its affiliated entities, or its | 6 | | successors-in-interest. | 7 | | (e-5) The Commission shall notify a local unit of | 8 | | government within 3
business days of the grant of any | 9 | | authorization within a service area footprint if that | 10 | | authorization includes any part of the local unit of | 11 | | government's jurisdictional boundaries and state whether the | 12 | | holder will be providing video service or cable service under | 13 | | the authorization. | 14 | | (f) The authorization issued pursuant to this Section
by | 15 | | the Commission may be transferred to any successor-in-interest | 16 | | to the applicant to which it is initially granted without | 17 | | further Commission action if the successor-in-interest (i) | 18 | | submits an application and the information required by | 19 | | subsection (b) of this Section
for the successor-in-interest | 20 | | and (ii) is not in violation of this Article or of any federal, | 21 | | State, or local law, ordinance, rule, or regulation. A | 22 | | successor-in-interest shall file its application and notice of | 23 | | transfer with the Commission and the relevant local units of | 24 | | government no less than 15
business days prior to the | 25 | | completion of the transfer. The Commission is not required or | 26 | | authorized to act upon the notice of transfer; however, the |
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| 1 | | transfer is not effective until the Commission approves the | 2 | | successor-in-interest's application. A local unit of | 3 | | government or the Attorney General may seek to bar a transfer | 4 | | of ownership by filing suit in a court of competent | 5 | | jurisdiction predicated on the existence of a material and | 6 | | continuing breach of this Article by the holder, a pattern of | 7 | | noncompliance with customer service standards by the potential | 8 | | successor-in-interest, or the insolvency of the potential | 9 | | successor-in-interest. If a transfer is made when there are | 10 | | violations of this Article or of any federal, State, or local | 11 | | law, ordinance, rule, or regulation, the successor-in-interest | 12 | | shall be subject to 3
times the penalties provided for in this | 13 | | Article. | 14 | | (g) The authorization issued pursuant to this Section by | 15 | | the Commission may be terminated, or its cable service or video | 16 | | service area footprint may be modified, by the cable service | 17 | | provider or video service provider by submitting notice to the | 18 | | Commission and to the relevant local unit of government | 19 | | containing a description of the change on the same terms as the | 20 | | initial description pursuant to item (4) of subsection (b) of | 21 | | this Section. The Commission is not required or authorized to | 22 | | act upon that notice. It shall be a violation of this Article | 23 | | for a holder to discriminate against potential residential | 24 | | subscribers because of the race or income of the residents in | 25 | | the local area in which the group resides by terminating or | 26 | | modifying its cable service or video service area footprint. It |
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| 1 | | shall be a violation of this Article for a holder to terminate | 2 | | or modify its cable service or video service area footprint if | 3 | | it leaves an area with no cable service or video service from | 4 | | any provider. | 5 | | (h) The Commission's authority to administer this Article | 6 | | is limited to the powers and duties explicitly provided under | 7 | | this Article. Its authority under this Article does not include | 8 | | or limit the powers and duties that the Commission has under | 9 | | the other Articles of this Act, the Illinois Administrative | 10 | | Procedure Act,
or any other law or regulation to conduct | 11 | | proceedings, other than as provided in subsection (c), or has | 12 | | to promulgate rules or regulations. The Commission shall not | 13 | | have the authority to limit or expand the obligations and | 14 | | requirements provided in this Section or to regulate or control | 15 | | a person or entity to the extent that person or entity is | 16 | | providing cable service or video service, except as provided in | 17 | | this Article.
| 18 | | (Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, | 19 | | eff. 6-29-15.) | 20 | | (220 ILCS 5/13-1200 rep.) | 21 | | (220 ILCS 5/21-1601 rep.) | 22 | | Section 10. The Public Utilities Act is amended by | 23 | | repealing Sections 13-1200 and 21-1601.
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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