(220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-507.
In any proceeding permitting, approving, investigating, or
establishing rates, charges, classifications, or tariffs for
telecommunications services offered or provided by a telecommunications
carrier that offers or provides both noncompetitive and competitive
services, the Commission shall not allow any subsidy of competitive
services or nonregulated activities by noncompetitive services. In the
event that facilities are utilized or expenses are incurred for the
provision of both competitive and noncompetitive services, the Commission
shall apportion the facilities and expenses between noncompetitive services
in the aggregate and competitive services in the aggregate and shall allow or
establish rates or charges for the noncompetitive services which reflect
only that portion of the facilities or expenses that it finds to be
properly and reasonably apportioned to noncompetitive services. An
apportionment of facilities or expenses between competitive and
noncompetitive services, together with any corresponding rate changes,
shall be made in general rate proceedings and in other proceedings,
including service classification proceedings, that are necessary to ensure
against any subsidy of competitive services by noncompetitive services. The
Commission shall have the power to take or require such action as is
necessary to ensure that rates or charges for noncompetitive services
reflect only the value of facilities, or portion thereof, used and useful,
and the expenses or portion thereof reasonably and prudently incurred, for
the provision of the noncompetitive services. The Commission may, in such
event, also establish, by rule, any additional procedures, rules,
regulations, or mechanisms necessary to identify and properly account for
the value or amount of such facilities or expenses.
The Commission may establish, by rule, appropriate methods for ensuring
against cross-subsidization between competitive services and noncompetitive
services as required under this Article, including appropriate methods for
calculating the long-run service incremental costs of providing any
telecommunications service and, when appropriate, group of services and
methods for apportioning between noncompetitive services in the aggregate
and competitive services in the aggregate the value of facilities utilized
and expenses incurred to provide both competitive and noncompetitive
services, for example, common overheads that are not accounted for in the
long-run service incremental costs of individual services or groups of
services. The Commission may order any telecommunications carrier to
conduct a long-run service incremental cost study and to provide the
results thereof to the Commission. Any cost study provided to the
Commission pursuant to the provisions of this Section may, in the
Commission's discretion, be accorded proprietary treatment. In addition to
the requirements of subsection (c) of Section 13-502 and of Section
13-505.1 applicable to the rates and charges for individual competitive
services, the aggregate gross revenues of all competitive services shall be
equal to or greater than the sum of the long-run service incremental costs
for all competitive services as a group and the value of
other facilities and expenses apportioned to competitive services as a
group under this Section.
(Source: P.A. 100-20, eff. 7-1-17.)
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