State of Illinois
90th General Assembly

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[ Engrossed ][ Enrolled ][ Senate Amendment 001 ]


      220 ILCS 5/13-101         from Ch. 111 2/3, par. 13-101
      220 ILCS 5/13-901         from Ch. 111 2/3, par. 13-901
          Amends the Public Utilities Act.  Makes the  Commission's
      authority  to promulgate certain kinds of rules also apply to
      competitive  telecommunications  rates  and  services.    The
      affected  subjects  include:  standards  for the accuracy and
      measurement of  the  services  provided;  health  and  safety
      standards  for  employees,  customers and the general public;
      and the payment  of  refunds  and  interest  on  overcharges.
      Changes  the date that provisions concerning operator service
      providers shall be repealed from July  1,  1997  to  July  1,
      1999.  Effective immediately.
 1        AN  ACT  to  amend  the  Public Utilities Act by changing
 2    Sections 13-101 and 13-901.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Public  Utilities  Act  is  amended by
 6    changing Sections 13-101 and 13-901 as follows:
 7        (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
 8        (This Section is scheduled to be repealed July 1, 1999.)
 9        Sec.  13-101.   Except  to   the   extent   modified   or
10    supplemented  by the specific provisions of this Article, the
11    Sections of this Act pertaining to public  utilities,  public
12    utility  rates  and services, and the regulation thereof, are
13    fully    and    equally    applicable    to    noncompetitive
14    telecommunications rates and  services,  and  the  regulation
15    thereof,  except  where  the  context  clearly  renders  such
16    provisions  inapplicable.   Except  to the extent modified or
17    supplemented by the  specific  provisions  of  this  Article,
18    Articles  I  through  V, Sections 8-301, 8-505, 9-221, 9-222,
19    9-222.1, 9-222.2, and 9-250, and 9-252, and Articles X and XI
20    of this Act are fully and equally applicable  to  competitive
21    telecommunications  rates  and  services,  and the regulation
22    thereof.
23    (Source: P.A. 86-101.)
24        (220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
25        (This Section is scheduled to be repealed July 1, 1997.)
26        Sec. 13-901.  Operator Service Provider.
27        (a)  For the purposes of this Section:
28             (1)  "Operator   service   provider"   means   every
29        telecommunications   carrier   that   provides   operator
30        services  or  any  other  person  or  entity   that   the
                            -2-                LRB9001713LDdv
 1        Commission determines is providing operator services.
 2             (2)  "Aggregator" means any person or entity that is
 3        not an operator service provider and that in the ordinary
 4        course  of  its  operations makes telephones available to
 5        the  public  or  to  transient  users  of  its   premises
 6        including,  but not limited to, a hotel, motel, hospital,
 7        or university for telephone calls between  points  within
 8        this  State  that  are  specified  by  the  user using an
 9        operator service provider.
10             (3)  "Operator       services"       means       any
11        telecommunications service that includes, as a component,
12        any automatic or live assistance to a consumer to arrange
13        for billing or completion, or both, of a  telephone  call
14        between  points  within  this State that are specified by
15        the user through a method other than:
16                  (A)  automatic completion with billing  to  the
17             telephone from which the call originated;
18                  (B)  completion  through  an  access  code or a
19             proprietory account number  used  by  the  consumer,
20             with  billing  to  an account previously established
21             with the carrier by the consumer; or
22                  (C)  completion in association  with  directory
23             assistance services.
24        (b)  The  Commission  shall,  by rule or order, adopt and
25    enforce  operating  requirements   for   the   provision   of
26    operator-assisted services. The rules shall apply to operator
27    service  providers  and  to  aggregators.  The rules shall be
28    compatible  with  the   rules    adopted   by   the   Federal
29    Communications   Commission   under   the  federal  Telephone
30    Operator Consumer Services Improvement  Act  of  1990.  These
31    requirements  shall  address,  but not necessarily be limited
32    to, the following:
33             (1)  oral and written notification of  the  identity
34        of  the operator service provider and the availability of
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 1        information regarding operator  service  provider  rates,
 2        collection methods, and complaint resolution methods;
 3             (2)  restrictions   on   billing   and  charges  for
 4        operator services;
 5             (3)  restrictions on "call splashing" as  that  term
 6        is defined in 47 C.F.R. Section 64.708;
 7             (4)  access  to other telecommunications carriers by
 8        the use of 800, 950, and 10XXX numbers;
 9             (5)  the  appropriate  routing   and   handling   of
10        emergency calls;
11             (6)  the  enforcement of these rules through tariffs
12        for operator services and by a requirement that  operator
13        service  providers  withhold  payment  of compensation to
14        aggregators that have been found to  be  noncomplying  by
15        the Commission.
16        (c)  The  Commission  shall  adopt  any rule necessary to
17    make rules previously adopted under this  Section  compatible
18    with  the  rules  of the Federal Communications Commission no
19    later  than  one  year  after  the  effective  date  of  this
20    amendatory Act of 1993.
21        (d)  A violation of any rule adopted  by  the  Commission
22    under  subsection (b) is a business offense subject to a fine
23    of not less than $1,000 nor more than $5,000.   In  addition,
24    the  Commission  may,  after  notice  and  hearing, order any
25    telecommunications  carrier  to  terminate  service  to   any
26    aggregator found to have violated any rule.
27        (e)  This Section is repealed on July 1, 1999 1997.
28    (Source: P.A. 88-382.)
29        Section  99.  Effective date.  This Act takes effect upon
30    becoming law.

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