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90_HB0714ham001
LRB9000613JSgcam02
1 AMENDMENT TO HOUSE BILL 714
2 AMENDMENT NO. . Amend House Bill 714 by replacing
3 the title with the following:
4 "AN ACT to amend the Public Utilities Act by changing
5 Sections 13-101, 13-502, 13-505, and 13-509 and adding
6 Section 13-104."; and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Public Utilities Act is amended by
10 changing Sections 13-101, 13-502, 13-505, and 13-509 and
11 adding Section 13-104 as follows:
12 (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
13 (This Section is scheduled to be repealed July 1, 1999.)
14 Sec. 13-101. Except to the extent modified or
15 supplemented by the specific provisions of this Article, the
16 Sections of this Act pertaining to public utilities, public
17 utility rates and services, and the regulation thereof, are
18 fully and equally applicable to noncompetitive
19 telecommunications rates and services, and the regulation
20 thereof, except where the context clearly renders such
21 provisions inapplicable. Except to the extent modified or
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1 supplemented by the specific provisions of this Article,
2 Articles I through V, Sections 9-221, 9-222, 9-222.1, and
3 9-222.2 and 9-250, Articles X and XI of this Act are fully
4 and equally applicable to competitive telecommunications
5 rates and services, and the regulation thereof.
6 (Source: P.A. 86-101.)
7 (220 ILCS 5/13-104 new)
8 Sec. 13-104. Packaging. Nothing in this Act shall be
9 construed to prohibit the packaging or bundling of any
10 telecommunications services, provided that the prices for the
11 packages or bundles of telecommunications services shall
12 satisfy on an aggregate basis any cost standards pursuant to
13 Sections 13-502 and 13-505.1 of this Act for the
14 telecommunications services that are included in the packages
15 or bundles and, provided further, that rates for the
16 individual service in the package continue to equal or exceed
17 their long run service incremental cost. Further, the price
18 for the package may not be below the prices for
19 noncompetitive unbundled elements that a competitor generally
20 utilizes in providing a like package to its customers.
21 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
22 (This Section is scheduled to be repealed July 1, 1999.)
23 Sec. 13-502. Classification of services.
24 (a) All telecommunications services offered or provided
25 under tariff by telecommunications carriers shall be
26 classified as either competitive or noncompetitive. A
27 telecommunications carrier may offer or provide either
28 competitive or noncompetitive telecommunications services, or
29 both, subject to proper certification and other applicable
30 provisions of this Article. Any tariff filed with the
31 Commission as required by Section 13-501 shall indicate
32 whether the service to be offered or provided is competitive
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1 or noncompetitive.
2 (b) A service shall be classified as competitive only
3 if, and only to the extent that, for some identifiable class
4 or group of customers in an exchange, group of exchanges, or
5 some other clearly defined geographical area, such service,
6 or its functional equivalent, or a substitute service, is
7 reasonably available from more than one provider, whether or
8 not any such provider is a telecommunications carrier subject
9 to regulation under this Act. All telecommunications services
10 not properly classified as competitive shall be classified as
11 noncompetitive. The Commission shall have the power to
12 investigate the propriety of any classification of a
13 telecommunications service on its own motion and shall
14 investigate upon complaint. After notice and hearing, the
15 Commission shall order the proper classification of any
16 service in whole or in part. To the extent the Commission
17 elects to investigate the propriety of a competitive
18 classification, the Commission must complete its
19 investigation and issue its final order with respect to the
20 classification within 180 days of the filing of the initial
21 tariff classifying a service as competitive and in the case
22 of a complaint, within 180 days from the filing of the
23 complaint. If the Commission fails to initiate an
24 investigation and issue its final order within the 180 day
25 period, the classification shall be The Commission shall make
26 its determination and issue its final order no later than 180
27 days from the date such hearing or investigation is
28 initiated. If the Commission enters into a hearing upon
29 complaint and if the Commission fails to issue an order
30 within that period, the complaint shall be deemed granted
31 unless the Commission, the complainant, and the
32 telecommunications carrier providing the service agree to
33 extend the time period. A complaint regarding the propriety
34 of a classification must be filed within 2 years after the
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1 tariff classifying the service is filed.
2 (c) No tariff classifying a new telecommunications
3 service as competitive or reclassifying a previously
4 noncompetitive telecommunications service as competitive,
5 which is filed by a telecommunications carrier which also
6 offers or provides noncompetitive telecommunications service,
7 shall be effective unless and until such telecommunications
8 carrier offering or providing, or seeking to offer or
9 provide, such proposed competitive service prepares and files
10 a study of the long-run service incremental cost underlying
11 such service and demonstrates that the tariffed rates and
12 charges for the service and any relevant group of services
13 that includes the proposed competitive service and for which
14 resources are used in common solely by that group of services
15 are not less than the long-run service incremental cost of
16 providing the service and each relevant group of services.
17 Such study shall be given proprietary treatment by the
18 Commission at the request of such carrier if any other
19 provider of the competitive service, its functional
20 equivalent, or a substitute service in the geographical area
21 described by the proposed tariff has not filed, or has not
22 been required to file, such a study.
23 (d) In the event any telecommunications service has been
24 classified and filed as competitive by the telecommunications
25 carrier, and has been offered or provided on such basis, and
26 the Commission subsequently determines after investigation
27 that such classification improperly included services which
28 were in fact noncompetitive, the Commission shall have the
29 power to determine and order refunds to customers for any
30 overcharges which may have resulted from the improper
31 classification, or to order such other remedies provided to
32 it under this Act, or to seek an appropriate remedy or relief
33 in a court of competent jurisdiction.
34 (e) Any telecommunications carrier which seeks to file a
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1 tariff classifying a new telecommunications service as
2 competitive or reclassifying a previously noncompetitive
3 telecommunications service as competitive may, instead of
4 filing such new tariff and offering and providing such
5 service as competitive subject to refund, apply to the
6 Commission, prior to offering or providing such service as
7 competitive, for an order finding that the proposed tariff is
8 proper and consistent with law. Any telecommunications
9 carrier applying for Commission approval pursuant to this
10 paragraph (e) shall provide timely and effective notice of
11 its application and proposed tariff to potentially affected
12 providers and customers in a manner to be determined by the
13 Commission.
14 Upon such application and notice, the Commission may make
15 its findings without hearing within 21 days of the filing of
16 the application and may allow such tariff to take immediate
17 effect thereafter if there is no request for hearing by
18 potentially affected providers or customers. The Commission
19 shall, however, enter into hearings to determine the
20 propriety and legality of the proposed tariffs upon such
21 request or if the Commission, in its discretion, believes
22 such hearings are necessary.
23 If the Commission enters into hearings upon the
24 application, it shall issue a final order within 180 days of
25 such application, and, if the Commission fails to issue an
26 order within such period, the application shall be deemed
27 granted, unless, however, the Commission, the applicant and
28 all parties to the hearing agree to extend such time period.
29 The Commission shall have the power to issue an interim order
30 allowing the proposed tariff to take effect during the 180
31 day period subject to refund and such other conditions as the
32 Commission may provide.
33 (Source: P.A. 87-856.)
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1 (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
2 (This Section is scheduled to be repealed July 1, 1999.)
3 Sec. 13-505. Rate changes; competitive services.
4 Proposed changes in rates or charges, or any classification
5 or tariff provision affecting rates or charges, for any
6 competitive telecommunications service, shall be treated
7 pursuant to this Section as follows: (a) Any proposed
8 increase or decrease in rates or charges, or proposed change
9 in any classification or tariff resulting in an increase or a
10 decrease in rates or charges, for a competitive
11 telecommunications service shall be permitted upon the filing
12 of the proposed rate, charge, classification, or tariff.;
13 (b) any proposed increase in rates or charges, or proposed
14 change in any classification or tariff resulting in an
15 increase in rates or charges, for a competitive
16 telecommunications service shall be permitted by the filing
17 of the proposed rate, charge, classification, or tariff and
18 shall become effective 14 days after its filing. Prior
19 notice shall also be given to all potentially affected
20 customers by mail, publication in a newspaper of general
21 circulation, or equivalent means of notice.; and
22 (c) if a hearing is held pursuant to Section 9-250
23 regarding the reasonableness of an increase in the rates or
24 charges of a competitive local exchange service, then the
25 telecommunications carrier providing the service shall have
26 the burden of proof to establish the justness and
27 reasonableness of the proposed rate or charge.
28 (Source: P.A. 87-856.)
29 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
30 (This Section is scheduled to be repealed July 1, 1999.)
31 Sec. 13-509. Agreements for provision of service
32 differing from tariffs. A telecommunications carrier may
33 file a model contract for any competitive telecommunications
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1 service, which includes and specifically describes a range,
2 band, formula, or standard for rates and charges, and
3 practices, rules, regulations, terms, and conditions under
4 which the carrier will offer the services, without regard to
5 any tariffs the carrier may have filed with the Commission
6 with respect to those services. A telecommunications
7 carrier offering or providing competitive telecommunications
8 service may negotiate with customers or prospective customers
9 to provide competitive telecommunications services for the
10 provision by it of such service, and in so doing, may offer
11 or agree to provide such service on such terms and for such
12 rates or charges as it deems reasonable, without regard to
13 any tariffs it may have filed with the Commission with
14 respect to such services. From time to time, but not less
15 than once a month Within 10 days after concluding any such
16 agreement, the telecommunications carrier shall file either a
17 copy of all contracts any contract or memoranda memorandum of
18 understanding for the provision of telecommunications
19 service, including which shall include the rates or other
20 charges, practices, rules, or regulations applicable to the
21 agreed provision of such service, or a letter identifying all
22 such agreements and certifying that the rates, charges,
23 practices, rules, and regulations are consistent with the
24 model contract filed with the Commission with respect to the
25 service. Upon filing a its contract, or memorandum, or
26 letter, the telecommunications carrier shall thereafter
27 provide service according to the filed terms thereof, unless
28 the Commission finds, after notice and hearing, that the
29 continued provision of service pursuant to such contract or
30 memorandum would substantially and adversely affect the
31 financial integrity of the telecommunications carrier or
32 would cause the cross-subsidization of any competitive
33 service by any noncompetitive service.
34 Any model contract contract or memorandum entered into or
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1 and filed pursuant to the provisions of this Section may, in
2 the Commission's discretion, be accorded proprietary
3 treatment.
4 (Source: P.A. 84-1063.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".