Illinois General Assembly - Full Text of HB4634
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Full Text of HB4634  103rd General Assembly



HB4634 EnrolledLRB103 36124 LNS 66215 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
5Section 13-506.2 as follows:
6    (220 ILCS 5/13-506.2)
7    (Section scheduled to be repealed on December 31, 2026)
8    Sec. 13-506.2. Market regulation for competitive retail
10    (a) Definitions. As used in this Section:
11        (1) "Electing Provider" means a telecommunications
12    carrier that is subject to either rate regulation pursuant
13    to Section 13-504 or Section 13-505 or alternative
14    regulation pursuant to Section 13-506.1 and that elects to
15    have the rates, terms, and conditions of its competitive
16    retail telecommunications services solely determined and
17    regulated pursuant to the terms of this Article.
18        (2) "Basic local exchange service" means either a
19    stand-alone residence network access line and per-call
20    usage or, for any geographic area in which such
21    stand-alone service is not offered, a stand-alone flat
22    rate residence network access line for which local calls
23    are not charged for frequency or duration. Extended Area



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1    Service shall be included in basic local exchange service.
2        (3) "Existing customer" means a residential customer
3    who was subscribing to one of the optional packages
4    described in subsection (d) of this Section as of the
5    effective date of this amendatory Act of the 99th General
6    Assembly. A customer who was subscribing to one of the
7    optional packages on that date but stops subscribing
8    thereafter shall not be considered an "existing customer"
9    as of the date the customer stopped subscribing to the
10    optional package, unless the stoppage is temporary and
11    caused by the customer changing service address locations,
12    or unless the customer resumes subscribing and is eligible
13    to receive discounts on monthly telephone service under
14    the federal Lifeline program, 47 C.F.R. Part 54, Subpart
15    E.
16        (4) "New customer" means a residential customer who
17    was not subscribing to one of the optional packages
18    described in subsection (d) of this Section as of the
19    effective date of this amendatory Act of the 99th General
20    Assembly and who is eligible to receive discounts on
21    monthly telephone service under the federal Lifeline
22    program, 47 C.F.R. Part 54, Subpart E.
23    (b) Election for market regulation. Notwithstanding any
24other provision of this Act, an Electing Provider may elect to
25have the rates, terms, and conditions of its competitive
26retail telecommunications services solely determined and



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1regulated pursuant to the terms of this Section by filing
2written notice of its election for market regulation with the
3Commission. The notice of election shall designate the
4geographic area of the Electing Provider's service territory
5where the market regulation shall apply, either on a
6state-wide basis or in one or more specified Market Service
7Areas ("MSA") or Exchange areas. An Electing Provider shall
8not make an election for market regulation under this Section
9unless it commits in its written notice of election for market
10regulation to fulfill the conditions and requirements in this
11Section in each geographic area in which market regulation is
12elected. Immediately upon filing the notice of election for
13market regulation, the Electing Provider shall be subject to
14the jurisdiction of the Commission to the extent expressly
15provided in this Section.
16    (c) Competitive classification. Market regulation shall be
17available for competitive retail telecommunications services
18as provided in this subsection.
19        (1) For geographic areas in which telecommunications
20    services provided by the Electing Provider were classified
21    as competitive either through legislative action or a
22    tariff filing pursuant to Section 13-502 prior to January
23    1, 2010, and that are included in the Electing Provider's
24    notice of election pursuant to subsection (b) of this
25    Section, such services, and all recurring and nonrecurring
26    charges associated with, related to or used in connection



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1    with such services, shall be classified as competitive
2    without further Commission review. For services classified
3    as competitive pursuant to this subsection, the
4    requirements or conditions in any order or decision
5    rendered by the Commission pursuant to Section 13-502
6    prior to the effective date of this amendatory Act of the
7    96th General Assembly, except for the commitments made by
8    the Electing Provider in such order or decision concerning
9    the optional packages required in subsection (d) of this
10    Section and basic local exchange service as defined in
11    this Section, shall no longer be in effect and no
12    Commission investigation, review, or proceeding under
13    Section 13-502 shall be continued, conducted, or
14    maintained with respect to such services, charges,
15    requirements, or conditions. If an Electing Provider has
16    ceased providing optional packages to customers pursuant
17    to subdivision (d)(8) of this Section, the commitments
18    made by the Electing Provider in such order or decision
19    concerning the optional packages under subsection (d) of
20    this Section shall no longer be in effect and no
21    Commission investigation, review, or proceeding under
22    Section 13-502 shall be continued, conducted, or
23    maintained with respect to such packages.
24        (2) For those geographic areas in which residential
25    local exchange telecommunications services have not been
26    classified as competitive as of the effective date of this



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1    amendatory Act of the 96th General Assembly, all
2    telecommunications services provided to residential and
3    business end users by an Electing Provider in the
4    geographic area that is included in its notice of election
5    pursuant to subsection (b) shall be classified as
6    competitive for purposes of this Article without further
7    Commission review.
8        (3) If an Electing Provider was previously subject to
9    alternative regulation pursuant to Section 13-506.1 of
10    this Article, the alternative regulation plan shall
11    terminate in whole for all services subject to that plan
12    and be of no force or effect, without further Commission
13    review or action, when the Electing Provider's residential
14    local exchange telecommunications service in each MSA in
15    its telecommunications service area in the State has been
16    classified as competitive pursuant to either subdivision
17    (c)(1) or (c)(2) of this Section.
18        (4) The service packages described in Section 13-518
19    shall be classified as competitive for purposes of this
20    Section if offered by an Electing Provider in a geographic
21    area in which local exchange telecommunications service
22    has been classified as competitive pursuant to either
23    subdivision (c)(1) or (c)(2) of this Section.
24        (5) Where a service, or its functional equivalent, or
25    a substitute service offered by a carrier that is not an
26    Electing Provider or the incumbent local exchange carrier



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1    for that area is also being offered by an Electing
2    Provider for some identifiable class or group of customers
3    in an exchange, group of exchanges, or some other clearly
4    defined geographical area, the service offered by a
5    carrier that is not an Electing Provider or the incumbent
6    local exchange carrier for that area shall be classified
7    as competitive without further Commission review.
8        (6) Notwithstanding any other provision of this Act,
9    retail telecommunications services classified as
10    competitive pursuant to Section 13-502 or subdivision
11    (c)(5) of this Section shall have their rates, terms, and
12    conditions solely determined and regulated pursuant to the
13    terms of this Section in the same manner and to the same
14    extent as the competitive retail telecommunications
15    services of an Electing Provider, except that subsections
16    (d), (g), and (j) of this Section shall not apply to a
17    carrier that is not an Electing Provider or to the
18    competitive telecommunications services of a carrier that
19    is not an Electing Provider. The access services of a
20    carrier that is not an Electing Provider shall remain
21    subject to Section 13-900.2. The requirements in
22    subdivision (e)(3) of this Section shall not apply to
23    retail telecommunications services classified as
24    competitive pursuant to Section 13-502 or subdivision
25    (c)(5) of this Section, except that, upon request from the
26    Commission, the telecommunications carrier providing



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1    competitive retail telecommunications services shall
2    provide a report showing the number of credits and
3    exemptions for the requested time period.
4    (d) Consumer choice safe harbor options.
5        (1) Subject to subdivision (d)(8) of this Section, an
6    Electing Provider in each of the MSA or Exchange areas
7    classified as competitive pursuant to subdivision (c)(1)
8    or (c)(2) of this Section shall offer to all residential
9    customers who choose to subscribe the following optional
10    packages of services priced at the same rate levels in
11    effect on January 1, 2010:
12            (A) A basic package, which shall consist of a
13        stand-alone residential network access line and 30
14        local calls. If the Electing Provider offers a
15        stand-alone residential access line and local usage on
16        a per call basis, the price for the basic package shall
17        be the Electing Provider's applicable price in effect
18        on January 1, 2010 for the sum of a residential access
19        line and 30 local calls, additional calls over 30
20        calls shall be provided at the current per call rate.
21        However, this basic package is not required if
22        stand-alone residential network access lines or
23        per-call local usage are not offered by the Electing
24        Provider in the geographic area on January 1, 2010 or
25        if the Electing Provider has not increased its
26        stand-alone network access line and local usage rates,



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1        including Extended Area Service rates, since January
2        1, 2010.
3            (B) An extra package, which shall consist of
4        residential basic local exchange network access line
5        and unlimited local calls. The price for the extra
6        package shall be the Electing Provider's applicable
7        price in effect on January 1, 2010 for a residential
8        access line with unlimited local calls.
9            (C) A plus package, which shall consist of
10        residential basic local exchange network access line,
11        unlimited local calls, and the customer's choice of 2
12        vertical services offered by the Electing Provider.
13        The term "vertical services" as used in this
14        subsection, includes, but is not limited to, call
15        waiting, call forwarding, 3-way calling, caller ID,
16        call tracing, automatic callback, repeat dialing, and
17        voicemail. The price for the plus package shall be the
18        Electing Provider's applicable price in effect on
19        January 1, 2010 for the sum of a residential access
20        line with unlimited local calls and 2 times the
21        average price for the vertical features included in
22        the package.
23        (2) Subject to subdivision (d)(8) of this Section, for
24    those geographic areas in which local exchange
25    telecommunications services were classified as competitive
26    on the effective date of this amendatory Act of the 96th



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1    General Assembly, an Electing Provider in each such MSA or
2    Exchange area shall be subject to the same terms and
3    conditions as provided in commitments made by the Electing
4    Provider in connection with such previous competitive
5    classifications, which shall apply with equal force under
6    this Section, except as follows: (i) the limits on price
7    increases on the optional packages required by this
8    Section shall be extended consistent with subsection
9    (d)(1) of this Section and (ii) the price for the extra
10    package required by subsection (d)(1)(B) shall be reduced
11    by one dollar from the price in effect on January 1, 2010.
12    In addition, if an Electing Provider obtains a competitive
13    classification pursuant to subsection (c)(1) and (c)(2),
14    the price for the optional packages shall be determined in
15    such area in compliance with subsection (d)(1), except the
16    price for the plus package required by subsection (d)(1)
17    (C) shall be the lower of the price for such area or the
18    price of the plus package in effect on January 1, 2010 for
19    areas classified as competitive pursuant to subsection
20    (c)(1).
21        (3) To the extent that the requirements in Section
22    13-518 applied to a telecommunications carrier prior to
23    the effective date of this Section and that
24    telecommunications carrier becomes an Electing Provider in
25    accordance with the provisions of this Section, the
26    requirements in Section 13-518 shall cease to apply to



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1    that Electing Provider in those geographic areas included
2    in the Electing Provider's notice of election pursuant to
3    subsection (b) of this Section.
4        (4) Subject to subdivision (d)(8) of this Section, an
5    Electing Provider shall make the optional packages
6    required by this subsection and stand-alone residential
7    network access lines and local usage, where offered,
8    readily available to the public by providing information,
9    in a clear manner, to residential customers. Information
10    shall be made available on a website, and an Electing
11    Provider shall provide notification to its customers every
12    6 months, provided that notification may consist of a bill
13    page message that provides an objective description of the
14    safe harbor options that includes a telephone number and
15    website address where the customer may obtain additional
16    information about the packages from the Electing Provider.
17    The optional packages shall be offered on a monthly basis
18    with no term of service requirement. An Electing Provider
19    shall allow online electronic ordering of the optional
20    packages and stand-alone residential network access lines
21    and local usage, where offered, on its website in a manner
22    similar to the online electronic ordering of its other
23    residential services.
24        (5) Subject to subdivision (d)(8) of this Section, an
25    Electing Provider shall comply with the Commission's
26    existing rules, regulations, and notices in Title 83, Part



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1    735 of the Illinois Administrative Code when offering or
2    providing the optional packages required by this
3    subsection (d) and stand-alone residential network access
4    lines.
5        (6) Subject to subdivision (d)(8) of this Section, an
6    Electing Provider shall provide to the Commission
7    semi-annual subscribership reports as of June 30 and
8    December 31 that contain the number of its customers
9    subscribing to each of the consumer choice safe harbor
10    packages required by subsection (d)(1) of this Section and
11    the number of its customers subscribing to retail
12    residential basic local exchange service as defined in
13    subsection (a)(2) of this Section. The first semi-annual
14    reports shall be made on April 1, 2011 for December 31,
15    2010, and on September 1, 2011 for June 30, 2011, and
16    semi-annually on April 1 and September 1 thereafter. Such
17    subscribership information shall be accorded confidential
18    and proprietary treatment upon request by the Electing
19    Provider.
20        (7) The Commission shall have the power, after notice
21    and hearing as provided in this Article, upon complaint or
22    upon its own motion, to take corrective action if the
23    requirements of this Section are not complied with by an
24    Electing Provider.
25        (8) On and after the effective date of this amendatory
26    Act of the 99th General Assembly, an Electing Provider



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1    shall continue to offer and provide the optional packages
2    described in this subsection (d) to existing customers and
3    new customers. On and after July 1, 2017, an Electing
4    Provider may immediately stop offering the optional
5    packages described in this subsection (d) and, upon
6    providing two notices to affected customers and to the
7    Commission, may stop providing the optional packages
8    described in this subsection (d) to all customers who
9    subscribe to one of the optional packages. The first
10    notice shall be provided at least 90 days before the date
11    upon which the Electing Provider intends to stop providing
12    the optional packages, and the second notice must be
13    provided at least 30 days before that date. The first
14    notice shall not be provided prior to July 1, 2017. Each
15    notice must identify the date on which the Electing
16    Provider intends to stop providing the optional packages,
17    at least one alternative service available to the
18    customer, and a telephone number by which the customer may
19    contact a service representative of the Electing Provider.
20    After July 1, 2017 with respect to new customers, and upon
21    the expiration of the second notice period with respect to
22    customers who were subscribing to one of the optional
23    packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
24    (d)(6), and (d)(7) of this Section shall not apply to the
25    Electing Provider. Notwithstanding any other provision of
26    this Article, an Electing Provider that has ceased



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1    providing the optional packages under this subdivision
2    (d)(8) is not subject to Section 13-301(1)(c) of this Act.
3    Notwithstanding any other provision of this Act, and
4    subject to subdivision (d)(7) of this Section, the
5    Commission's authority over the discontinuance of the
6    optional packages described in this subsection (d) by an
7    Electing Provider shall be governed solely by this
8    subsection (d)(8).
9    (e) Service quality and customer credits for basic local
10exchange service.
11        (1) An Electing Provider shall meet the following
12    service quality standards in providing basic local
13    exchange service, which for purposes of this subsection
14    (e), includes both basic local exchange service and any
15    consumer choice safe harbor options that may be required
16    by subsection (d) of this Section.
17            (A) Install basic local exchange service within 5
18        business days after receipt of an order from the
19        customer unless the customer requests an installation
20        date that is beyond 5 business days after placing the
21        order for basic service and to inform the customer of
22        the Electing Provider's duty to install service within
23        this timeframe. If installation of service is
24        requested on or by a date more than 5 business days in
25        the future, the Electing Provider shall install
26        service by the date requested.



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1            (B) Restore basic local exchange service for the
2        customer within 30 hours after receiving notice that
3        the customer is out of service.
4            (C) Keep all repair and installation appointments
5        for basic local exchange service if a customer
6        premises visit requires a customer to be present. The
7        appointment window shall be either a specific time or,
8        at a maximum, a 4-hour time block during evening,
9        weekend, and normal business hours.
10            (D) Inform a customer when a repair or
11        installation appointment requires the customer to be
12        present.
13        (2) Customers shall be credited by the Electing
14    Provider for violations of basic local exchange service
15    quality standards described in subdivision (e)(1) of this
16    Section. The credits shall be applied automatically on the
17    statement issued to the customer for the next monthly
18    billing cycle following the violation or following the
19    discovery of the violation. The next monthly billing cycle
20    following the violation or the discovery of the violation
21    means the billing cycle immediately following the billing
22    cycle in process at the time of the violation or discovery
23    of the violation, provided the total time between the
24    violation or discovery of the violation and the issuance
25    of the credit shall not exceed 60 calendar days. The
26    Electing Provider is responsible for providing the credits



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1    and the customer is under no obligation to request such
2    credits. The following credits shall apply:
3            (A) If an Electing Provider fails to repair an
4        out-of-service condition for basic local exchange
5        service within 30 hours, the Electing Provider shall
6        provide a credit to the customer. If the service
7        disruption is for more than 30 hours, but not more than
8        48 hours, the credit must be equal to a pro-rata
9        portion of the monthly recurring charges for all basic
10        local exchange services disrupted. If the service
11        disruption is for more than 48 hours, but not more than
12        72 hours, the credit must be equal to at least 33% of
13        one month's recurring charges for all local services
14        disrupted. If the service disruption is for more than
15        72 hours, but not more than 96 hours, the credit must
16        be equal to at least 67% of one month's recurring
17        charges for all basic local exchange services
18        disrupted. If the service disruption is for more than
19        96 hours, but not more than 120 hours, the credit must
20        be equal to one month's recurring charges for all
21        basic local exchange services disrupted. For each day
22        or portion thereof that the service disruption
23        continues beyond the initial 120-hour period, the
24        Electing Provider shall also provide an additional
25        credit of $20 per calendar day.
26            (B) If an Electing Provider fails to install basic



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1        local exchange service as required under subdivision
2        (e)(1) of this Section, the Electing Provider shall
3        waive 50% of any installation charges, or in the
4        absence of an installation charge or where
5        installation is pursuant to the Link Up program, the
6        Electing Provider shall provide a credit of $25. If an
7        Electing Provider fails to install service within 10
8        business days after the service application is placed,
9        or fails to install service within 5 business days
10        after the customer's requested installation date, if
11        the requested date was more than 5 business days after
12        the date of the order, the Electing Provider shall
13        waive 100% of the installation charge, or in the
14        absence of an installation charge or where
15        installation is provided pursuant to the Link Up
16        program, the Electing Provider shall provide a credit
17        of $50. For each day that the failure to install
18        service continues beyond the initial 10 business days,
19        or beyond 5 business days after the customer's
20        requested installation date, if the requested date was
21        more than 5 business days after the date of the order,
22        the Electing Provider shall also provide an additional
23        credit of $20 per calendar day until the basic local
24        exchange service is installed.
25            (C) If an Electing Provider fails to keep a
26        scheduled repair or installation appointment when a



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1        customer premises visit requires a customer to be
2        present as required under subdivision (e)(1) of this
3        Section, the Electing Provider shall credit the
4        customer $25 per missed appointment. A credit required
5        by this subdivision does not apply when the Electing
6        Provider provides the customer notice of its inability
7        to keep the appointment no later than 8:00 pm of the
8        day prior to the scheduled date of the appointment.
9            (D) Credits required by this subsection do not
10        apply if the violation of a service quality standard:
11                (i) occurs as a result of a negligent or
12            willful act on the part of the customer;
13                (ii) occurs as a result of a malfunction of
14            customer-owned telephone equipment or inside
15            wiring;
16                (iii) occurs as a result of, or is extended
17            by, an emergency situation as defined in 83 Ill.
18            Adm. Code 732.10;
19                (iv) is extended by the Electing Provider's
20            inability to gain access to the customer's
21            premises due to the customer missing an
22            appointment, provided that the violation is not
23            further extended by the Electing Provider;
24                (v) occurs as a result of a customer request
25            to change the scheduled appointment, provided that
26            the violation is not further extended by the



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1            Electing Provider;
2                (vi) occurs as a result of an Electing
3            Provider's right to refuse service to a customer
4            as provided in Commission rules; or
5                (vii) occurs as a result of a lack of
6            facilities where a customer requests service at a
7            geographically remote location, where a customer
8            requests service in a geographic area where the
9            Electing Provider is not currently offering
10            service, or where there are insufficient
11            facilities to meet the customer's request for
12            service, subject to an Electing Provider's
13            obligation for reasonable facilities planning.
14        (3) Each Electing Provider shall provide to the
15    Commission on a quarterly basis and in a form suitable for
16    posting on the Commission's website in conformance with
17    the rules adopted by the Commission and in effect on April
18    1, 2010, a public report that includes the following data
19    for basic local exchange service quality of service:
20            (A) With regard to credits due in accordance with
21        subdivision (e)(2)(A) as a result of out-of-service
22        conditions lasting more than 30 hours:
23                (i) the total dollar amount of any customer
24            credits paid;
25                (ii) the number of credits issued for repairs
26            between 30 and 48 hours;



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1                (iii) the number of credits issued for repairs
2            between 49 and 72 hours;
3                (iv) the number of credits issued for repairs
4            between 73 and 96 hours;
5                (v) the number of credits used for repairs
6            between 97 and 120 hours;
7                (vi) the number of credits issued for repairs
8            greater than 120 hours; and
9                (vii) the number of exemptions claimed for
10            each of the categories identified in subdivision
11            (e)(2)(D).
12            (B) With regard to credits due in accordance with
13        subdivision (e)(2)(B) as a result of failure to
14        install basic local exchange service:
15                (i) the total dollar amount of any customer
16            credits paid;
17                (ii) the number of installations after 5
18            business days;
19                (iii) the number of installations after 10
20            business days;
21                (iv) the number of installations after 11
22            business days; and
23                (v) the number of exemptions claimed for each
24            of the categories identified in subdivision
25            (e)(2)(D).
26            (C) With regard to credits due in accordance with



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1        subdivision (e)(2)(C) as a result of missed
2        appointments:
3                (i) the total dollar amount of any customer
4            credits paid;
5                (ii) the number of any customers receiving
6            credits; and
7                (iii) the number of exemptions claimed for
8            each of the categories identified in subdivision
9            (e)(2)(D).
10            (D) The Electing Provider's annual report required
11        by this subsection shall also include, for
12        informational reporting, the performance data
13        described in subdivisions (e)(2)(A), (e)(2)(B), and
14        (e)(2)(C), and trouble reports per 100 access lines
15        calculated using the Commission's existing applicable
16        rules and regulations for such measures, including the
17        requirements for service standards established in this
18        Section.
19        (4) It is the intent of the General Assembly that the
20    service quality rules and customer credits in this
21    subsection (e) of this Section and other enforcement
22    mechanisms, including fines and penalties authorized by
23    Section 13-305, shall apply on a nondiscriminatory basis
24    to all Electing Providers. Accordingly, notwithstanding
25    any provision of any service quality rules promulgated by
26    the Commission, any alternative regulation plan adopted by



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1    the Commission, or any other order of the Commission, any
2    Electing Provider that is subject to any other order of
3    the Commission and that violates or fails to comply with
4    the service quality standards promulgated pursuant to this
5    subsection (e) or any other order of the Commission shall
6    not be subject to any fines, penalties, customer credits,
7    or enforcement mechanisms other than such fines or
8    penalties or customer credits as may be imposed by the
9    Commission in accordance with the provisions of this
10    subsection (e) and Section 13-305, which are to be
11    generally applicable to all Electing Providers. The amount
12    of any fines or penalties imposed by the Commission for
13    failure to comply with the requirements of this subsection
14    (e) shall be an appropriate amount, taking into account,
15    at a minimum, the Electing Provider's gross annual
16    intrastate revenue; the frequency, duration, and
17    recurrence of the violation; and the relative harm caused
18    to the affected customers or other users of the network.
19    In imposing fines and penalties, the Commission shall take
20    into account compensation or credits paid by the Electing
21    Provider to its customers pursuant to this subsection (e)
22    in compensation for any violation found pursuant to this
23    subsection (e), and in any event the fine or penalty shall
24    not exceed an amount equal to the maximum amount of a civil
25    penalty that may be imposed under Section 13-305.
26        (5) An Electing Provider in each of the MSA or



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1    Exchange areas classified as competitive pursuant to
2    subsection (c) of this Section shall fulfill the
3    requirements in subdivision (e)(3) of this Section for 3
4    years after its notice of election becomes effective.
5    After such 3 years, the requirements in subdivision (e)(3)
6    of this Section shall not apply to such Electing Provider,
7    except that, upon request from the Commission, the
8    Electing Provider shall provide a report showing the
9    number of credits and exemptions for the requested time
10    period.
11    (f) Commission jurisdiction over competitive retail
12telecommunications services. Except as otherwise expressly
13stated in this Section, the Commission shall thereafter have
14no jurisdiction or authority over any aspect of competitive
15retail telecommunications service of an Electing Provider in
16those geographic areas included in the Electing Provider's
17notice of election pursuant to subsection (b) of this Section
18or of a retail telecommunications service classified as
19competitive pursuant to Section 13-502 or subdivision (c)(5)
20of this Section, heretofore subject to the jurisdiction of the
21Commission, including but not limited to, any requirements of
22this Article related to the terms, conditions, rates, quality
23of service, availability, classification or any other aspect
24of any competitive retail telecommunications services. No
25telecommunications carrier shall commit any unfair or
26deceptive act or practice in connection with any aspect of the



HB4634 Enrolled- 23 -LRB103 36124 LNS 66215 b

1offering or provision of any competitive retail
2telecommunications service. Nothing in this Article shall
3limit or affect any provisions in the Consumer Fraud and
4Deceptive Business Practices Act with respect to any unfair or
5deceptive act or practice by a telecommunications carrier.
6    (g) Commission authority over access services upon
7election for market regulation.
8        (1) As part of its Notice of Election for Market
9    Regulation, the Electing Provider shall reduce its
10    intrastate switched access rates to rates no higher than
11    its interstate switched access rates in 4 installments.
12    The first reduction must be made 30 days after submission
13    of its complete application for Notice of Election for
14    Market Regulation, and the Electing Provider must reduce
15    its intrastate switched access rates by an amount equal to
16    33% of the difference between its current intrastate
17    switched access rates and its current interstate switched
18    access rates. The second reduction must be made no later
19    than one year after the first reduction, and the Electing
20    Provider must reduce its then current intrastate switched
21    access rates by an amount equal to 41% of the difference
22    between its then current intrastate switched access rates
23    and its then current interstate switched access rates. The
24    third reduction must be made no later than one year after
25    the second reduction, and the Electing Provider must
26    reduce its then current intrastate switched access rates



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1    by an amount equal to 50% of the difference between its
2    then current intrastate switched access rate and its then
3    current interstate switched access rates. The fourth
4    reduction must be made on or before June 30, 2013, and the
5    Electing Provider must reduce its intrastate switched
6    access rate to mirror its then current interstate switched
7    access rates and rate structure. Following the fourth
8    reduction, each Electing Provider must continue to set its
9    intrastate switched access rates to mirror its interstate
10    switched access rates and rate structure. For purposes of
11    this subsection, the rate for intrastate switched access
12    service means the composite, per-minute rate for that
13    service, including all applicable fixed and
14    traffic-sensitive charges, including, but not limited to,
15    carrier common line charges.
16        (2) Nothing in paragraph (1) of this subsection (g)
17    prohibits an Electing Provider from electing to offer
18    intrastate switched access service at rates lower than its
19    interstate switched access rates.
20        (3) The Commission shall have no authority to order an
21    Electing Provider to set its rates for intrastate switched
22    access at a level lower than its interstate switched
23    access rates.
24        (4) The Commission's authority under this subsection
25    (g) shall only apply to Electing Providers under Market
26    Regulation. The Commission's authority over switched



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1    access services for all other carriers is retained under
2    Section 13-900.2 of this Act.
3    (h) Safety of service equipment and facilities.
4        (1) An Electing Provider shall furnish, provide, and
5    maintain such service instrumentalities, equipment, and
6    facilities as shall promote the safety, health, comfort,
7    and convenience of its patrons, employees, and public and
8    as shall be in all respects adequate, reliable, and
9    efficient without discrimination or delay. Every Electing
10    Provider shall provide service and facilities that are in
11    all respects environmentally safe.
12        (2) The Commission is authorized to conduct an
13    investigation of any Electing Provider or part thereof.
14    The investigation may examine the reasonableness,
15    prudence, or efficiency of any aspect of the Electing
16    Provider's operations or functions that may affect the
17    adequacy, safety, efficiency, or reliability of
18    telecommunications service. The Commission may conduct or
19    order an investigation only when it has reasonable grounds
20    to believe that the investigation is necessary to assure
21    that the Electing Provider is providing adequate,
22    efficient, reliable, and safe service. The Commission
23    shall, before initiating any such investigation, issue an
24    order describing the grounds for the investigation and the
25    appropriate scope and nature of the investigation, which
26    shall be reasonably related to the grounds relied upon by



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1    the Commission in its order.
2    (i) (Blank).
3    (j) Application of Article VII. The provisions of Sections
47-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
5applicable to an Electing Provider offering or providing
6retail telecommunications service, and the Commission's
7regulation thereof, except that (1) the approval of contracts
8and arrangements with affiliated interests required by
9paragraph (3) of Section 7-101 shall not apply to such
10telecommunications carriers provided that, except as provided
11in item (2), those contracts and arrangements shall be filed
12with the Commission; (2) affiliated interest contracts or
13arrangements entered into by such telecommunications carriers
14where the increased obligation thereunder does not exceed the
15lesser of $5,000,000 or 5% of such carrier's prior annual
16revenue from noncompetitive services are not required to be
17filed with the Commission; and (3) any consent and approval of
18the Commission required by Section 7-102 is not required for
19the sale, lease, assignment, or transfer by any Electing
20Provider of any property that is not necessary or useful in the
21performance of its duties to the public.
22    (k) Notwithstanding other provisions of this Section, the
23Commission retains its existing authority to enforce the
24provisions, conditions, and requirements of the following
25Sections of this Article: 13-101, 13-103, 13-201, 13-301,
2613-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,



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113-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
213-404.2, 13-405, 13-406, 13-501, 13-501.5, 13-503, 13-505,
313-509, 13-510, 13-512, 13-513, 13-514, 13-515, 13-516,
413-519, 13-702, 13-703, 13-704, 13-705, 13-706, 13-707,
513-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 13-900.1,
613-900.2, 13-901, 13-902, and 13-903, which are fully and
7equally applicable to Electing Providers and to
8telecommunications carriers providing retail
9telecommunications service classified as competitive pursuant
10to Section 13-502 or subdivision (c)(5) of this Section
11subject to the provisions of this Section. On the effective
12date of this amendatory Act of the 98th General Assembly, the
13following Sections of this Article shall cease to apply to
14Electing Providers and to telecommunications carriers
15providing retail telecommunications service classified as
16competitive pursuant to Section 13-502 or subdivision (c)(5)
17of this Section: 13-302, 13-405.1, 13-502, 13-502.5, 13-504,
1813-505.2, 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1,
1913-507, 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601,
2013-701, and 13-712.
21(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17;
22100-840, eff. 8-13-18.)
23    (220 ILCS 5/13-301.1 rep.)
24    Section 10. The Public Utilities Act is amended by
25repealing Section 13-301.1.