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90_SB0700sam002
SRS90SB0700JJcham03
1 AMENDMENT TO SENATE BILL 700
2 AMENDMENT NO. . Amend Senate Bill 700, AS AMENDED,
3 by replacing the title with the following:
4 "AN ACT relating to competition in the telecommunications
5 industry amending named Acts."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Administrative Procedure Act is
9 amended by changing Section 1-5 as follows:
10 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
11 Sec. 1-5. Applicability.
12 (a) This Act applies to every agency as defined in this
13 Act. Beginning January 1, 1978, in case of conflict between
14 the provisions of this Act and the Act creating or conferring
15 power on an agency, this Act shall control. If, however, an
16 agency has existing procedures on July 1, 1977, specifically
17 for contested cases or licensing, those existing provisions
18 control, except that this exception respecting contested
19 cases and licensing does not apply if the Act creating or
20 conferring power on the agency adopts by express reference
21 the provisions of this Act. Where the Act creating or
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1 conferring power on an agency establishes administrative
2 procedures not covered by this Act, those procedures shall
3 remain in effect.
4 (b) The provisions of this Act do not apply to (i)
5 preliminary hearings, investigations, or practices where no
6 final determinations affecting State funding are made by the
7 State Board of Education, (ii) legal opinions issued under
8 Section 2-3.7 of the School Code, (iii) as to State colleges
9 and universities, their disciplinary and grievance
10 proceedings, academic irregularity and capricious grading
11 proceedings, and admission standards and procedures, and (iv)
12 the class specifications for positions and individual
13 position descriptions prepared and maintained under the
14 Personnel Code. Those class specifications shall, however,
15 be made reasonably available to the public for inspection and
16 copying. The provisions of this Act do not apply to hearings
17 under Section 20 of the Uniform Disposition of Unclaimed
18 Property Act.
19 (c) Section 5-35 of this Act relating to procedures for
20 rulemaking does not apply to the following:
21 (1) Rules adopted by the Pollution Control Board
22 that, in accordance with Section 7.2 of the Environmental
23 Protection Act, are identical in substance to federal
24 regulations or amendments to those regulations
25 implementing the following: Sections 3001, 3002, 3003,
26 3004, 3005, and 9003 of the Solid Waste Disposal Act;
27 Section 105 of the Comprehensive Environmental Response,
28 Compensation, and Liability Act of 1980; Sections 307(b),
29 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
30 Water Pollution Control Act; and Sections 1412(b),
31 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
32 Water Act.
33 (2) Rules adopted by the Pollution Control Board
34 that establish or amend standards for the emission of
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1 hydrocarbons and carbon monoxide from gasoline powered
2 motor vehicles subject to inspection under Section
3 13A-105 of the Vehicle Emissions Inspection Law and rules
4 adopted under Section 13B-20 of the Vehicle Emissions
5 Inspection Law of 1995.
6 (3) Procedural rules adopted by the Pollution
7 Control Board governing requests for exceptions under
8 Section 14.2 of the Environmental Protection Act.
9 (4) The Pollution Control Board's grant, pursuant
10 to an adjudicatory determination, of an adjusted standard
11 for persons who can justify an adjustment consistent with
12 subsection (a) of Section 27 of the Environmental
13 Protection Act.
14 (5) Rules adopted by the Pollution Control Board
15 that are identical in substance to the regulations
16 adopted by the Office of the State Fire Marshal under
17 clause (ii) of paragraph (b) of subsection (3) of Section
18 2 of the Gasoline Storage Act.
19 (d) Pay rates established under Section 8a of the
20 Personnel Code shall be amended or repealed pursuant to the
21 process set forth in Section 5-50 within 30 days after it
22 becomes necessary to do so due to a conflict between the
23 rates and the terms of a collective bargaining agreement
24 covering the compensation of an employee subject to that
25 Code.
26 (e) Section 10-45 of this Act shall not apply to any
27 hearing, proceeding, or investigation conducted under Section
28 13-515 of the Public Utilities Act.
29 (Source: P.A. 87-823; 88-533.)
30 Section 10. The Public Utilities Act is amended by
31 changing Sections 10-111, 13-102, 13-103, 13-203, 13-405,
32 13-502, 13-504, 13-505, 13-509 and 13-803 and adding
33 Sections 13-505.7, 13-506, 13-512, 13-513, 13-514, 13-515,
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1 and 13-516 as follows:
2 (220 ILCS 5/10-111) (from Ch. 111 2/3, par. 10-111)
3 Sec. 10-111. In any hearing, proceeding, investigation or
4 rulemaking conducted by the Commission, the Commission,
5 commissioner or hearing examiner presiding, shall, after the
6 close of evidentiary hearings, prepare a recommended or
7 tentative decision, finding or order including a statement of
8 findings and conclusions and the reasons or basis therefor,
9 on all the material issues of fact, law or discretion
10 presented on the record. Such recommended or tentative
11 decision, finding or order shall be served on all parties who
12 shall be entitled to a reasonable opportunity to respond
13 thereto, either in briefs or comments otherwise to be filed
14 or separately. The recommended or tentative decision, finding
15 or order and any responses thereto, shall be included in the
16 record for decision. This Section shall not apply to any
17 hearing, proceeding, or investigation conducted under Section
18 13-515.
19 (Source: P.A. 84-617.)
20 (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
21 (This Section is scheduled to be repealed July 1, 1999.)
22 Sec. 13-102. Findings. With respect to
23 telecommunications services, as herein defined, the General
24 Assembly finds that:
25 (a) universally available and widely affordable
26 telecommunications services are essential to the health,
27 welfare and prosperity of all Illinois citizens;
28 (b) recent federal regulatory and judicial rulings in
29 the 1980s have caused a restructuring of the
30 telecommunications industry and have opened some aspects of
31 the industry to competitive entry, thereby necessitating
32 revision of State telecommunications regulatory policies and
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1 practices;
2 (c) revisions in telecommunications regulatory policies
3 and practices in Illinois beginning in the mid-1980s brought
4 the benefits of competition to consumers in many
5 telecommunications markets, but not in local exchange
6 telecommunications service markets;
7 (d) the federal Telecommunications Act of 1996
8 established the goal of opening all telecommunications
9 service markets to competition and accords to the states the
10 responsibility to establish and enforce policies necessary to
11 attain that goal;
12 (e) it is in the immediate interest of the People of the
13 State of Illinois for the State to exercise its rights within
14 the new framework of federal telecommunications policy to
15 ensure that the economic benefits of competition in all
16 telecommunications service markets are realized as
17 effectively as possible;
18 (f) (c) the competitive offering of all
19 telecommunications services will increase may create the
20 potential for increased innovation and efficiency in the
21 provision of telecommunications services and may lead to
22 reduced prices for consumers, increased investment in
23 communications infrastructure, the creation of new jobs, and
24 the attraction of new businesses to Illinois; and
25 (g) (d) protection of the public interest requires
26 changes in the continued regulation of telecommunications
27 carriers and services to ensure, to the maximum feasible
28 extent, the reasonable and timely development of effective
29 competition in all telecommunications service markets for the
30 foreseeable future.
31 (Source: P.A. 84-1063.)
32 (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
33 (This Section is scheduled to be repealed July 1, 1999.)
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1 Sec. 13-103. Policy. Consistent with its findings, the
2 General Assembly declares that it is the policy of the State
3 of Illinois that:
4 (a) telecommunications services should be available to
5 all Illinois citizens at just, reasonable, and affordable
6 rates and that such services should be provided as widely and
7 economically as possible in sufficient variety, quality,
8 quantity and reliability to satisfy the public interest;
9 (b) when consistent with the protection of consumers of
10 telecommunications services and the furtherance of other
11 public interest goals, competition in all telecommunications
12 service markets should be pursued permitted to function as a
13 substitute for certain aspects of regulation in determining
14 the variety, quality and price of telecommunications services
15 and that the economic burdens of regulation should be reduced
16 to the extent possible consistent with the furtherance of
17 market competition and protection of the public interest;
18 (c) all necessary and appropriate modifications to State
19 regulation of telecommunications carriers and services should
20 be implemented without unnecessary disruption to the
21 telecommunications infrastructure system or to consumers of
22 telecommunications services and that it is necessary and
23 appropriate to establish rules to encourage and ensure a
24 reasonable period of time to permit preparation for orderly
25 transitions in the development provision of markets for all
26 telecommunications services;
27 (d) the consumers of telecommunications services and
28 facilities provided by persons or companies subject to
29 regulation pursuant to this Act and Article should be
30 required to pay only reasonable and non-discriminatory rates
31 or charges and that in no case should rates or charges for
32 non-competitive telecommunications services include any
33 portion of the cost of providing competitive
34 telecommunications services, as defined in Section 13-209, or
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1 the cost of any nonregulated activities;
2 (e) the regulatory policies and procedures provided in
3 this Article are established in recognition of the changing
4 nature of the telecommunications industry and therefore
5 should be subject to systematic legislative review to ensure
6 that the public benefits intended to result from such
7 policies and procedures are fully realized; and
8 (f) development of and prudent investment in advanced
9 telecommunications services and networks that foster economic
10 development of the State should be encouraged through the
11 implementation and enforcement of policies that promote
12 effective and sustained competition in all telecommunications
13 service markets.
14 (Source: P.A. 87-856.)
15 (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
16 (This Section is scheduled to be repealed July 1, 1999.)
17 Sec. 13-203. Telecommunications service.
18 "Telecommunications service" means the provision or offering
19 for rent, sale or lease, or in exchange for other value
20 received, of the transmittal of information, by means of
21 electromagnetic, including light, transmission with or
22 without benefit of any closed transmission medium, including
23 all instrumentalities, facilities, apparatus, and services
24 (including the collection, storage, forwarding, switching,
25 and delivery of such information) used to provide such
26 transmission and also includes access and interconnection
27 arrangements and services.
28 "Telecommunications service" does not include, however:
29 (a) the rent, sale, or lease, or exchange for other
30 value received, of customer premises equipment except for
31 customer premises equipment owned or provided by a
32 telecommunications carrier and used for answering 911
33 calls, and except for customer premises equipment
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1 provided under Section 13-703;
2 (b) telephone or telecommunications answering
3 services, paging services, and physical pickup and
4 delivery incidental to the provision of information
5 transmitted through electromagnetic, including light,
6 transmission;
7 (c) community antenna television service which is
8 operated to perform for hire the service of receiving and
9 distributing video and audio program signals by wire,
10 cable or other means to members of the public who
11 subscribe to such service, to the extent that such
12 service is utilized solely for the one-way distribution
13 of such entertainment services with no more than
14 incidental subscriber interaction required for the
15 selection of such entertainment service.
16 The Commission may, by rulemaking, exclude (1) private
17 line service which is not directly or indirectly used for the
18 origination or termination of switched telecommunications
19 service, (2) cellular radio service, (3) high-speed
20 point-to-point data transmission at or above 9.6 kilobits, or
21 (4) the provision of telecommunications service by a company
22 or person otherwise subject to Section 13-202 (c) to a
23 telecommunications carrier, which is incidental to the
24 provision of service subject to Section 13-202 (c), from
25 active regulatory oversight to the extent it finds, after
26 notice, hearing and comment that such exclusion is consistent
27 with the public interest and the purposes and policies of
28 this Article. To the extent that the Commission has excluded
29 cellular radio service from active regulatory oversight for
30 any provider of cellular radio service in this State pursuant
31 to this Section, the Commission shall exclude all other
32 providers of cellular radio service in the State from active
33 regulatory oversight without an additional rulemaking
34 proceeding where there are 2 or more certified providers of
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1 cellular radio service in a geographic area.
2 (Source: P.A. 87-856.)
3 (220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)
4 (This Section is scheduled to be repealed July 1, 1999.)
5 Sec. 13-405. Local exchange service authority; approval.
6 The Commission shall approve an application for a Certificate
7 of Exchange Service Authority only upon a showing by the
8 applicant, and a finding by the Commission, after notice and
9 hearing, that:
10 (a) the applicant possesses sufficient technical,
11 financial, and managerial resources and abilities to
12 provide local exchange telecommunications service.; and
13 (b) that the exercise of the Certificate's
14 authority by the applicant would not adversely affect
15 prices, network design, or the financial viability of the
16 principal provider of local exchange telecommunications
17 service.
18 The Commission shall not approve or issue a Certificate
19 of Exchange Service Authority to more than one
20 telecommunications carrier for any exchange prior to January
21 1, 1989; provided, however, that a Certificate of Exchange
22 Service Authority may be issued before such time, subject to
23 appropriate Commission approval, pursuant to this Section, to
24 any telecommunications carrier providing predominantly direct
25 nonswitched access service between a customer or user and any
26 telecommunications carrier providing inter-MSA, inter-LATA or
27 inter-state telecommunications service, or between such
28 telecommunications carriers, for the purpose of providing
29 such direct access service.
30 (Source: P.A. 84-1063.)
31 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
32 (This Section is scheduled to be repealed July 1, 1999.)
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1 Sec. 13-502. Classification of services.
2 (a) All telecommunications services offered or provided
3 under tariff by telecommunications carriers shall be
4 classified as either competitive or noncompetitive. A
5 telecommunications carrier may offer or provide either
6 competitive or noncompetitive telecommunications services, or
7 both, subject to proper certification and other applicable
8 provisions of this Article. Any tariff filed with the
9 Commission as required by Section 13-501 shall indicate
10 whether the service to be offered or provided is competitive
11 or noncompetitive.
12 (b) A service shall be classified as competitive only
13 if, and only to the extent that, for some identifiable class
14 or group of customers in an exchange, group of exchanges, or
15 some other clearly defined geographical area, such service,
16 or its functional equivalent, or a substitute service, is
17 reasonably available from more than one provider, whether or
18 not any such provider is a telecommunications carrier subject
19 to regulation under this Act. All telecommunications services
20 not properly classified as competitive shall be classified as
21 noncompetitive. The Commission shall have the power to
22 investigate the propriety of any classification of a
23 telecommunications service on its own motion and shall
24 investigate upon complaint. In any hearing or investigation,
25 the burden of proof as to the proper classification of any
26 service shall rest upon the telecommunications carrier
27 providing the service. After notice and hearing, the
28 Commission shall order the proper classification of any
29 service in whole or in part. The Commission shall make its
30 determination and issue its final order no later than 180
31 days from the date such hearing or investigation is
32 initiated. If the Commission enters into a hearing upon
33 complaint and if the Commission fails to issue an order
34 within that period, the complaint shall be deemed granted
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1 unless the Commission, the complainant, and the
2 telecommunications carrier providing the service agree to
3 extend the time period.
4 (c) No tariff classifying a new telecommunications
5 service as competitive or reclassifying a previously
6 noncompetitive telecommunications service as competitive,
7 which is filed by a telecommunications carrier which also
8 offers or provides noncompetitive telecommunications service,
9 shall be effective unless and until such telecommunications
10 carrier offering or providing, or seeking to offer or
11 provide, such proposed competitive service prepares and files
12 a study of the long-run service incremental cost underlying
13 such service and demonstrates that the tariffed rates and
14 charges for the service and any relevant group of services
15 that includes the proposed competitive service and for which
16 resources are used in common solely by that group of services
17 are not less than the long-run service incremental cost of
18 providing the service and each relevant group of services.
19 Such study shall be given proprietary treatment by the
20 Commission at the request of such carrier if any other
21 provider of the competitive service, its functional
22 equivalent, or a substitute service in the geographical area
23 described by the proposed tariff has not filed, or has not
24 been required to file, such a study.
25 (d) In the event any telecommunications service has been
26 classified and filed as competitive by the telecommunications
27 carrier, and has been offered or provided on such basis, and
28 the Commission subsequently determines after investigation
29 that such classification improperly included services which
30 were in fact noncompetitive, the Commission shall have the
31 power to determine and order refunds to customers for any
32 overcharges which may have resulted from the improper
33 classification, or to order such other remedies provided to
34 it under this Act, or to seek an appropriate remedy or relief
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1 in a court of competent jurisdiction.
2 (e) Any telecommunications carrier which seeks to file a
3 tariff classifying a new telecommunications service as
4 competitive or reclassifying a previously noncompetitive
5 telecommunications service as competitive may, instead of
6 filing such new tariff and offering and providing such
7 service as competitive subject to refund, apply to the
8 Commission, prior to offering or providing such service as
9 competitive, for an order finding that the proposed tariff is
10 proper and consistent with law. Any telecommunications
11 carrier applying for Commission approval pursuant to this
12 paragraph (e) shall provide timely and effective notice of
13 its application and proposed tariff to potentially affected
14 providers and customers in a manner to be determined by the
15 Commission.
16 Upon such application and notice, the Commission may make
17 its findings without hearing within 21 days of the filing of
18 the application and may allow such tariff to take immediate
19 effect thereafter if there is no request for hearing by
20 potentially affected providers or customers. The Commission
21 shall, however, enter into hearings to determine the
22 propriety and legality of the proposed tariffs upon such
23 request or if the Commission, in its discretion, believes
24 such hearings are necessary.
25 If the Commission enters into hearings upon the
26 application, it shall issue a final order within 180 days of
27 such application, and, if the Commission fails to issue an
28 order within such period, the application shall be deemed
29 granted, unless, however, the Commission, the applicant and
30 all parties to the hearing agree to extend such time period.
31 The Commission shall have the power to issue an interim order
32 allowing the proposed tariff to take effect during the 180
33 day period subject to refund and such other conditions as the
34 Commission may provide. If no hearing or investigation
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1 regarding the propriety of a competitive classification of a
2 telecommunications service is initiated within 180 days after
3 a telecommunications carrier files a tariff listing such
4 telecommunications service as competitive, no refunds to
5 customers for any overcharges which may result from an
6 improper classification shall be ordered for the period from
7 the time the telecommunications carrier filed such tariff
8 listing the service as competitive up to the time an
9 investigation of the service classification is initiated by
10 the Commission's own motion or the filing of a complaint.
11 Where a hearing or an investigation regarding the propriety
12 of a telecommunications service classification as competitive
13 is initiated after 180 days from the filing of the tariff,
14 the period subject to refund for improper classification
15 shall begin on the date such investigation or hearing is
16 initiated by the filing of a Commission motion or a
17 complaint.
18 (Source: P.A. 87-856.)
19 (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
20 (This Section is scheduled to be repealed July 1, 1999.)
21 Sec. 13-504. Application of ratemaking provisions of
22 Article IX.
23 (a) Except where the context clearly renders such
24 provisions inapplicable, the ratemaking provisions of Article
25 IX of this Act relating to public utilities are fully and
26 equally applicable to the rates, charges, tariffs and
27 classifications for the offer or provision of noncompetitive
28 telecommunications services. However, the ratemaking
29 provisions do not apply to any proposed change in rates or
30 charges, any proposed change in any classification or tariff
31 resulting in a change in rates or charges, or the
32 establishment of new services and rates therefor for a
33 noncompetitive local exchange telecommunications service
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1 offered or provided by a local exchange telecommunications
2 carrier with no more than 35,000 subscriber access lines.
3 Proposed changes in rates, charges, classifications, or
4 tariffs meeting these criteria shall be permitted upon the
5 filing of the proposed tariff and 30 days notice to the
6 Commission and all potentially affected customers. The
7 proposed changes shall not be subject to suspension. The
8 Commission shall investigate whether any proposed change is
9 just and reasonable only if a telecommunications carrier that
10 is a customer of the local exchange telecommunications
11 carrier or 10% of the potentially affected access line
12 subscribers of the local exchange telecommunications carrier
13 shall file a petition or complaint requesting an
14 investigation of the proposed changes. When the
15 telecommunications carrier or 10% of the potentially affected
16 access line subscribers of a local exchange
17 telecommunications carrier file a complaint, the Commission
18 shall, after notice and hearing, have the power and duty to
19 establish the rates, charges, classifications, or tariffs it
20 finds to be just and reasonable.
21 (b) Subsection (c) of Section 13-502 and Sections
22 13-505.1, 13-505.4, 13-505.6, and 13-507 of this Article do
23 not apply to rates or charges or proposed changes in rates or
24 charges for applicable competitive or interexchange services
25 when offered or provided by a local exchange
26 telecommunications carrier with no more than 35,000
27 subscriber access lines. In addition, Sections 13-514,
28 13-515, and 13-516 do not apply to telecommunications
29 carriers with no more than 35,000 subscriber access lines.
30 The Commission may require telecommunications carriers with
31 no more than 35,000 subscriber access lines to furnish
32 information that the Commission deems necessary for a
33 determination that rates and charges for any competitive
34 telecommunications service are just and reasonable.
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1 (c) For a local exchange telecommunications carrier with
2 no more than 35,000 access lines, the Commission shall
3 consider and adjust, as appropriate, a local exchange
4 telecommunications carrier's depreciation rates only in
5 ratemaking proceedings.
6 (d) Article VI and Sections 7-101 and 7-102 of Article
7 VII of this Act pertaining to public utilities, public
8 utility rates and services, and the regulation thereof are
9 not applicable to local exchange telecommunication carriers
10 with no more than 35,000 subscriber access lines.
11 (Source: P.A. 89-139, eff. 1-1-96.)
12 (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
13 (This Section is scheduled to be repealed July 1, 1999.)
14 Sec. 13-505. Rate changes; competitive services.
15 Proposed changes in rates or charges, or any classification
16 or tariff provision affecting rates or charges, for any
17 competitive telecommunications service, shall be treated
18 pursuant to this Section as follows:
19 (a) Any proposed increase or decrease in rates or
20 charges, or proposed change in any classification or tariff
21 resulting in an increase or a decrease in rates or charges,
22 for a competitive telecommunications service shall be
23 permitted upon the filing of the proposed rate, charge,
24 classification, or tariff.;
25 (b) any proposed increase in rates or charges, or
26 proposed change in any classification or tariff resulting in
27 an increase in rates or charges, for a competitive
28 telecommunications service shall be permitted by the filing
29 of the proposed rate, charge, classification, or tariff and
30 shall become effective 14 days after its filing. Prior
31 notice of an increase shall also be given to all potentially
32 affected customers by mail, publication in a newspaper of
33 general circulation, or equivalent means of notice; and.
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1 (b)(c) If a hearing is held pursuant to Section 9-250
2 regarding the reasonableness of an increase in the rates or
3 charges of a competitive local exchange service, then the
4 telecommunications carrier providing the service shall have
5 the burden of proof to establish the justness and
6 reasonableness of the proposed rate or charge.
7 (Source: P.A. 87-856.)
8 (220 ILCS 5/13-505.7 new)
9 Sec. 13-505.7. Bundling. Nothing in this Act shall
10 prohibit the bundling of any telecommunications services,
11 provided that for a telecommunications carrier that provides
12 both noncompetitive and competitive services the price for a
13 bundle of telecommunications services shall not be less than
14 the aggregate of the unbundled prices of the
15 telecommunications services offered in the bundle.
16 (220 ILCS 5/13-506 new)
17 Sec. 13-506. Tariffs for competitive telecommunications
18 services. (a) Telecommunications carriers may file proposed
19 tariffs for any competitive telecommunications service which
20 includes and specifically describes a range, band, formula,
21 or standard within which or by which a change in rates or
22 charges for such telecommunications service could be made
23 without prior notice or prior Commission approval, provided
24 that any and all rates or charges within the band or range,
25 or determinable by the operation of the formula or standard,
26 are consistent with the public interest and the purpose and
27 policies of this Article and Act, and are likely to remain so
28 for the forseeable future. To the extent any proposed band
29 or range encompasses rates or charges which are not
30 consistent with the public interest and the purposes and
31 policies of this Article and Act or otherwise fully proper,
32 or any proposed formula or standard determines rates or
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1 charges which are not consistent with the purposes and
2 policies of this Article and Act or otherwise fully proper,
3 the Commission after notice and hearing shall have the power
4 to modify the level, scope, or limits of such band or range,
5 and to modify or limit the operation of such formula or
6 standard, as necessary, to ensure that rates or charges
7 resulting therefrom are consistent with the purposes and
8 policies of this Article and Act and fully proper, and likely
9 to remain so in the forseeable future.
10 (b) The Commission may require a telecommunications
11 carrier to file a variable tariff as described in paragraph
12 (a) for any or all competitive telecommunications services
13 which are offered or provide by such carrier, if the
14 Commission finds, after notice and hearing, that the
15 determination of rates or charges for such service by a
16 tariff would improve the Commission's ability to effectively
17 regulate such rates or charges and that such improvement is
18 required by the public interest. Any such tariff required by
19 the Commission shall be approved only if it is also
20 consistent with the provisions of paragraph (a) of this
21 Section.
22 (c) When the Commission approves a variable tariff, as
23 proposed or modified pursuant to this Section, the
24 telecommunications carrier shall place such tariff in effect
25 thereafter and such tariff shall determine rates or charges
26 according to the provisions thereof.
27 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
28 (This Section is scheduled to be repealed July 1, 1999.)
29 Sec. 13-509. Agreements for provisions of competitive
30 telecommunications services differing from tariffs. A
31 telecommunications carrier offering or providing competitive
32 telecommunications service may negotiate with customers or
33 prospective customers to provide competitive
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1 telecommunications service for the provision by it of such
2 service, and in so doing, may offer or agree to provide such
3 service on such terms and for such rates or charges as it
4 deems are reasonable, without regard to any tariffs it may
5 have filed with the Commission with respect to such services.
6 Within 10 business days after concluding executing any such
7 agreement, the telecommunications carrier shall file any
8 contract or memorandum of understanding for the provision of
9 telecommunications service, which shall include the rates or
10 other charges, practices, rules or regulations applicable to
11 the agreed provision of such service. Cost support for the
12 agreement shall be filed within 30 calendar days after
13 executing any such agreement. Where the agreement contains
14 the same rates, charges, practices, rules, and regulations
15 found in a single contract or memorandum already filed by the
16 telecommunications carrier with the Commission, instead of
17 filing the contract or memorandum, the telecommunications
18 carrier may elect to file a letter identifying the new
19 agreement and specifically referencing the contract or
20 memorandum already on file with the Commission which contains
21 the same provisions. A single letter may be used to file
22 more than one new agreement. Upon filing its contract or
23 memorandum, or letter, the telecommunications carrier shall
24 thereafter provide service according to the terms thereof,
25 unless the Commission finds, after notice and hearing, that
26 the continued provision of service pursuant to such contract
27 or memorandum would substantially and adversely affect the
28 financial integrity of the telecommunications carrier or
29 would cause the cross-subsidization of any competitive
30 service by any noncompetitive service violate any other
31 provision of this Act.
32 Any contract or memorandum entered into and filed
33 pursuant to the provisions of this Section may, in the
34 Commission's discretion, be accorded proprietary treatment.
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1 (Source: P.A. 84-1063.)
2 (220 ILCS 5/13-512 new)
3 (This Section is scheduled to be repealed July 1, 1999.)
4 Sec. 13-512. Rules; review. The Commission shall have
5 general rulemaking authority to make rules necessary to
6 enforce this Article. However, not later than 270 days after
7 the effective date of this amendatory Act of 1997, and every
8 2 years thereafter, the Commission shall review all rules
9 issued under this Article that apply to the operations or
10 activities of any telecommunications carrier. The Commission
11 shall, after notice and hearing, repeal or modify any rule it
12 determines to be no longer in the public interest as the
13 result of the reasonable availability of competitive
14 telecommunications services.
15 (220 ILCS 5/13-513 new)
16 (This Section is scheduled to be repealed July 1, 1999.)
17 Sec. 13-513. Waiver of rules. A telecommunications
18 carrier may petition for waiver of the application of a rule
19 issued pursuant to this Act. The burden of proof in
20 establishing the right to a waiver shall be upon the
21 petitioner. The petition shall include a demonstration that
22 the waiver would not harm consumers and would not impede the
23 development or operation of a competitive market. Upon such
24 demonstration, the Commission may waive the application of a
25 rule, but not the application of a provision of this Act.
26 The Commission may conduct an investigation of the petition
27 on its own motion or at the request of a potentially affected
28 person. If no investigation is conducted, the waiver shall
29 be deemed granted 30 days after the petition if filed.
30 (220 ILCS 5/13-514 new)
31 (This Section is scheduled to be repealed July 1, 1999.)
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1 Sec. 13-514. Prohibited Actions of Telecommunications
2 Carriers. A telecommunications carrier shall not knowingly
3 impede the development of competition in any
4 telecommunications service market. The following prohibited
5 actions are considered per se impediments to the development
6 of competition; however, the Commission is not limited in any
7 manner to these enumerated impediments and may consider other
8 actions which impede competition to be prohibited:
9 (1) unreasonably refusing or delaying interconnections
10 or providing inferior connections to another
11 telecommunications carrier;
12 (2) unreasonably impairing the speed, quality, or
13 efficiency of services used by another telecommunications
14 carrier;
15 (3) unreasonably denying a request of another provider
16 for information regarding the technical design and features,
17 geographic coverage, information necessary for the design of
18 equipment, and traffic capabilities of the local exchange
19 network except for proprietary information unless such
20 information is subject to a proprietary agreement or
21 protective order;
22 (4) unreasonably delaying access in connecting another
23 telecommunications carrier to the local exchange network
24 whose product or service requires novel or specialized access
25 requirements;
26 (5) unreasonably refusing or delaying access by any
27 person to another telecommunications carrier;
28 (6) unreasonably acting or failing to act in a manner
29 that has a substantial adverse effect on the ability of
30 another telecommunications carrier to provide service to its
31 customers;
32 (7) unreasonably failing to offer services to customers
33 in a local exchange, where a telecommunications carrier is
34 certificated to provide service and has entered into an
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1 interconnection agreement for the provision of local exchange
2 telecommunications services, with the intent to delay or
3 impede the ability of the incumbent local exchange
4 telecommunications carrier to provide inter-LATA
5 telecommunications services; and
6 (8) violating the terms of or unreasonably delaying
7 implementation of an interconnection agreement entered into
8 pursuant to Section 252 of the federal Telecommunications Act
9 of 1996 in a manner that unreasonably delays or impedes the
10 availability of telecommunications services to consumers.
11 (220 ILCS 5/13-515 new)
12 (This Section is scheduled to be repealed July 1, 1999.)
13 Sec. 13-515. Enforcement.
14 (a) The Commission shall enforce the provisions of
15 Section 13-514 of this Act. Unless the Commission and the
16 parties otherwise mutually agree, the Commission shall use
17 the procedures set forth in this Section for the review of
18 complaints relating to violations of Section 13-514.
19 (b) This Section shall not apply to interconnection
20 agreements with a Bell operating company as defined in
21 Section 3 of the federal Telecommunications Act of 1996
22 unless and until the date such company or its affiliate is
23 authorized to provide inter-LATA services under Section
24 271(d) of that Act.
25 (c) No complaint may be filed under this Section until
26 the complainant has first notified the respondent of the
27 alleged violation and offered the respondent 48 hours to
28 correct the situation. Provision of notice and the
29 opportunity to correct the situation creates a rebuttable
30 presumption of knowledge under Section 13-514.
31 (d) A telecommunications carrier may file a complaint
32 with the Commission alleging a violation of Section 13-514 in
33 accordance with this subsection:
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1 (1) The complaint shall be filed with the Chief
2 Clerk of the Commission and shall be served in hand upon
3 the respondent, the executive director, and the general
4 counsel of the Commission at the time of the filing.
5 (2) A complaint filed under this subsection shall
6 include a statement that the requirements of subsection
7 (c) have been fulfilled and that the respondent did not
8 correct the situation as requested.
9 (3) Reasonable discovery specific to the issue of
10 the complaint may commence upon filing of the complaint.
11 Requests for discovery must be served in hand and
12 responses to discovery must be provided in hand to the
13 requester within 14 days after a request for discovery is
14 made.
15 (4) An answer and any other responsive pleading to
16 the complaint shall be filed with the Commission and
17 served in hand at the same time upon the complainant, the
18 executive director, and the general counsel of the
19 Commission within 7 days after the date on which the
20 complaint is filed.
21 (5) A determination as to reasonable grounds for
22 the complaint and, if appropriate, a directive for legal
23 notice of a hearing shall be made within 3 days after the
24 date on which the answer is filed.
25 (6) A pre-hearing conference shall be held within
26 14 days after the date on which the complaint is filed.
27 (7) The hearing shall commence within 30 days of
28 the date on which the complaint is filed. The hearing
29 may be conducted by a hearing examiner or by an
30 arbitrator. Parties and the Commission staff shall be
31 entitled to present evidence and legal argument in oral
32 or written form as deemed appropriate by the hearing
33 examiner or arbitrator. The hearing examiner or
34 arbitrator shall issue a written decision within 60 days
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1 after the date on which the complaint is filed. The
2 decision shall include reasons for the disposition of the
3 complaint and, if a violation of Section 13-514 is found,
4 directions and a deadline for correction of the
5 violation. The decision of the hearing examiner or
6 arbitrator shall be considered a final order of the
7 Commission after 10 days unless the Commission enters its
8 own final order within 10 days of the decision of the
9 hearing examiner or arbitrator.
10 (e) If the alleged violation has a substantial adverse
11 effect on the ability of the complainant to provide service
12 to customers, the complainant may include in its complaint a
13 request for an order for emergency relief. The Commission,
14 acting through its designated hearing examiner or arbitrator,
15 shall act upon such a request within 2 business days of the
16 filing of the complaint. An order for emergency relief may
17 be granted, without an evidentiary hearing, upon a verified
18 factual showing that the party seeking relief will likely
19 succeed on the merits, that the party will suffer irreparable
20 harm in its ability to serve customers if emergency relief is
21 not granted, and that the order is in the public interest.
22 An order for emergency relief shall include a finding that
23 the requirements of this subsection have been fulfilled and
24 shall specify the directives that must be fulfilled by the
25 respondent and deadlines for meeting those directives. The
26 decision of the hearing examiner or arbitrator to grant or
27 deny emergency relief shall be considered an order of the
28 Commission unless the Commission enters its own order within
29 2 calendar days of the decision of the hearing examiner or
30 arbitrator. The order for emergency relief may require the
31 responding party to act or refrain from acting so as to
32 protect the provision of competitive service offerings to
33 customers. Any action required by an emergency relief order
34 must be technically feasible and economically reasonable and
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1 the respondent must be given a reasonable period of time to
2 comply with the order.
3 (f) The Commission is authorized to obtain outside
4 resources including, but not limited to, arbitrators and
5 consultants for the purposes of the hearings authorized by
6 this Section. Any arbitrator or consultant obtained by the
7 Commission shall be approved by both parties to the hearing.
8 (g) The Commission shall assess the parties for the
9 Commission's costs of investigation and conduct of the
10 proceedings, dividing the costs according to the resolution
11 of the complaint brought under this Section. All assessments
12 shall be paid into the Public Utility Fund within 60 days
13 after receiving notice of the assessments from the
14 Commission. Interest at the statutory rate shall accrue
15 after the expiration of the 60 day period. The Commission is
16 authorized to apply to a court of competent jurisdiction for
17 an order requiring payment.
18 (h) If the Commission determines that there is an
19 imminent threat to competition or to the public interest, the
20 Commission may, notwithstanding any other provision of this
21 Act, seek temporary, preliminary, or permanent injunctive
22 relief from a court of competent jurisdiction either prior to
23 or after the hearing.
24 (i) A party shall not bring or defend a proceeding
25 brought under this Section or assert or controvert an issue
26 in a proceeding brought under this Section, unless there is a
27 non-frivolous basis for doing so. By presenting a pleading,
28 written motion, or other paper in complaint or defense of the
29 actions or inaction of a party under this Section, a party is
30 certifying to the Commission that to the best of that party's
31 knowledge, information, and belief, formed after a reasonable
32 inquiry of the subject matter of the complaint or defense,
33 that the complaint or defense is well grounded in law and
34 fact, and under the circumstances:
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1 (1) it is not being presented to harass the other
2 party, cause unnecessary delay in the provision of
3 competitive telecommunications services to consumers, or
4 create needless increases in the cost of litigation; and
5 (2) the allegations and other factual contentions
6 have evidentiary support or, if specifically so
7 identified, are likely to have evidentiary support after
8 reasonable opportunity for further investigation or
9 discovery as defined herein.
10 (j) If, after notice and a reasonable opportunity to
11 respond, the Commission determines that subsection (i) has
12 been violated, the Commission shall impose appropriate
13 sanctions upon the party or parties that have violated
14 Subsection (i) or are responsible for the violation. The
15 sanctions shall be not more than $7,500, plus the amount of
16 expenses accrued by the Commission for conducting the
17 hearing. Payment of sanctions imposed under this subsection
18 shall be made to the Common School Fund within 30 days of
19 imposition of such sanctions.
20 (k) An appeal of a Commission Order made pursuant to
21 this Section shall not effectuate a stay of the Order unless
22 a court of competent jurisdiction specifically finds that the
23 party seeking the stay will likely succeed on the merits,
24 that the party will suffer irreparable harm without the stay,
25 and that the stay is in the public interest.
26 (220 ILCS 5/13-516 new)
27 (This Section is scheduled to be repealed July 1, 1999.)
28 Sec. 13-516. Penalties for violation of a Commission
29 order relating to prohibited actions of telecommunications
30 carriers.
31 (a) Notwithstanding any other provision of this Act, the
32 Commission may impose penalties of up to $30,000 per
33 violation of a final order or emergency relief order issued
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1 pursuant to Section 13-515 of this Act. Each day of a
2 continuing offense shall be treated as a separate violation
3 for purposes of levying any penalty under this Section. The
4 period for which the fine shall be levied shall commence on
5 the day the Commission order requires compliance with the
6 order and shall continue until the party is in compliance
7 with the Commission order.
8 (b) The Commission may waive penalties imposed under
9 subsection (a) if it makes a written finding as to its
10 reasons for waiving the fine. Reasons for waiving a fine
11 shall include, but not be limited to, technological
12 infeasibility and acts of God.
13 (c) The Commission shall establish by rule procedures
14 for the imposition of penalties under subsection (a) that, at
15 a minimum, provide for notice, hearing and a written order
16 relating to the imposition of penalties.
17 (d) The Commission is authorized to apply to a court of
18 competent jurisdiction for an order requiring payment of
19 penalties imposed under subsection (a).
20 (e) Payment of penalties imposed under subsection (a)
21 shall be made to the Common School Fund within 30 days of
22 issuance of the Commission order imposing the penalties.
23 (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803)
24 (This Section is scheduled to be repealed July 1, 1999.)
25 Sec. 13-803. Repealer. The provisions of this Article
26 XIII are repealed effective July 1, 2001 1999.
27 (Source: P.A. 86-1475; 87-821; 87-856.)
28 Section 15. The Illinois Antitrust Act is amended by
29 changing Section 5 as follows:
30 (740 ILCS 10/5) (from Ch. 38, par. 60-5)
31 Sec. 5. No provisions of this Act shall be construed to
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1 make illegal:
2 (1) the activities of any labor organization or of
3 individual members thereof which are directed solely to labor
4 objectives which are legitimate under the laws of either the
5 State of Illinois or the United States;
6 (2) the activities of any agricultural or horticultural
7 cooperative organization, whether incorporated or
8 unincorporated, or of individual members thereof, which are
9 directed solely to objectives of such cooperative
10 organizations which are legitimate under the laws of either
11 the State of Illinois or the United States;
12 (3) the activities of any public utility or
13 telecommunications carrier, as defined in Section Sections
14 3-105 and 13-202 of the Public Utilities Act to the extent
15 that such activities are subject to the jurisdiction of the
16 Illinois Commerce Commission, or to the activities of
17 telephone mutual concerns referred to in Section 13-202 of
18 the Public Utilities Act to the extent such activities relate
19 to the providing and maintenance of telephone service to
20 owners and customers;
21 (4) The activities of a telecommunications carrier, as
22 defined in Section 13-202 of the Public Utilities Act, to the
23 extent those activities relate to the provision of
24 noncompetitive telecommunications services under the Public
25 Utilities Act and are subject to the jurisdiction of the
26 Illinois Commerce Commission or to the activities of
27 telephone mutual concerns referred to in Section 13-202 of
28 the Public Utilities Act to the extent those activities
29 relate to the provision and maintenance of telephone service
30 to owners and customers;
31 (5) (4) the activities (including, but not limited to,
32 the making of or participating in joint underwriting or joint
33 reinsurance arrangement) of any insurer, insurance agent,
34 insurance broker, independent insurance adjuster or rating
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1 organization to the extent that such activities are subject
2 to regulation by the Director of Insurance of this State
3 under, or are permitted or are authorized by, the Insurance
4 Code or any other law of this State;
5 (6) (5) the religious and charitable activities of any
6 not-for-profit corporation, trust or organization established
7 exclusively for religious or charitable purposes, or for both
8 purposes;
9 (7) (6) the activities of any not-for-profit corporation
10 organized to provide telephone service on a mutual or
11 co-operative basis or electrification on a co-operative
12 basis, to the extent such activities relate to the marketing
13 and distribution of telephone or electrical service to owners
14 and customers;
15 (8) (7) the activities engaged in by securities dealers
16 who are (i) licensed by the State of Illinois or (ii) members
17 of the National Association of Securities Dealers or (iii)
18 members of any National Securities Exchange registered with
19 the Securities and Exchange Commission under the Securities
20 Exchange Act of 1934, as amended, in the course of their
21 business of offering, selling, buying and selling, or
22 otherwise trading in or underwriting securities, as agent,
23 broker, or principal, and activities of any National
24 Securities Exchange so registered, including the
25 establishment of commission rates and schedules of charges;
26 (9) (8) the activities of any board of trade designated
27 as a "contract market" by the Secretary of Agriculture of the
28 United States pursuant to Section 5 of the Commodity Exchange
29 Act, as amended;
30 (10) (9) the activities of any motor carrier, rail
31 carrier, or common carrier by pipeline, as defined in the
32 Common Carrier by Pipeline The Illinois Commercial
33 Transportation Law of the Public Utilities Act The Illinois
34 Vehicle Code, as amended, to the extent that such activities
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1 are permitted or authorized by the Act or are subject to
2 regulation by the Illinois Commerce Commission;
3 (11) (10) the activities of any state or national bank
4 to the extent that such activities are regulated or
5 supervised by officers of the state or federal government
6 under the banking laws of this State or the United States;
7 (12) (11) the activities of any state or federal savings
8 and loan association to the extent that such activities are
9 regulated or supervised by officers of the state or federal
10 government under the savings and loan laws of this State or
11 the United States;
12 (13) (12) the activities of any bona fide not-for-profit
13 association, society or board, of attorneys, practitioners of
14 medicine, architects, engineers, land surveyors or real
15 estate brokers licensed and regulated by an agency of the
16 State of Illinois, in recommending schedules of suggested
17 fees, rates or commissions for use solely as guidelines in
18 determining charges for professional and technical services;
19 (14) (13) Conduct involving trade or commerce (other
20 than import trade or import commerce) with foreign nations
21 unless:
22 (a) such conduct has a direct, substantial, and
23 reasonably foreseeable effect:
24 (i) on trade or commerce which is not trade or commerce
25 with foreign nations, or on import trade or import commerce
26 with foreign nations; or
27 (ii) on export trade or export commerce with foreign
28 nations of a person engaged in such trade or commerce in the
29 United States; and
30 (b) such effect gives rise to a claim under the
31 provisions of this Act, other than this subsection (14) (13).
32 (c) If this Act applies to conduct referred to in this
33 subsection (14) (13) only because of the provisions of
34 paragraph (a)(ii), then this Act shall apply to such conduct
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1 only for injury to export business in the United States which
2 affects this State; or
3 (15) (14) the activities of a unit of local government
4 or school district and the activities of the employees,
5 agents and officers of a unit of local government or school
6 district.
7 (Source: P.A. 85-553.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".