State of Illinois
90th General Assembly

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[ Introduced ][ 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      providers shall be repealed from July  1,  1997  to  July  1,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.
SB949 Engrossed                                LRB9001713LDdv
 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 8        (This Section is scheduled to be repealed July 1, 1999.)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 9-252.1, and Articles X  and
20    XI   of   this  Act  are  fully  and  equally  applicable  to
21    competitive telecommunications rates and  services,  and  the
22    regulation 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25        (This Section is scheduled to be repealed July 1, 1997.)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
SB949 Engrossed             -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
SB949 Engrossed             -3-                LRB9001713LDdv
 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  access  codes including, but not limited to
 9        800, 888, 950, and 10XXX numbers;
10             (5)  the  appropriate  routing   and   handling   of
11        emergency calls;
12             (6)  the  enforcement of these rules through tariffs
13        for operator services and by a requirement that  operator
14        service  providers  withhold  payment  of compensation to
15        aggregators that have been found to  be  noncomplying  by
16        the Commission.
17        (c)  The  Commission  shall  adopt  any rule necessary to
18    make rules previously adopted under this  Section  compatible
19    with  the  rules  of the Federal Communications Commission no
20    later  than  one  year  after  the  effective  date  of  this
21    amendatory Act of 1993.
22        (d)  A violation of any rule adopted  by  the  Commission
23    under  subsection (b) is a business offense subject to a fine
24    of not less than $1,000 nor more than $5,000.   In  addition,
25    the  Commission  may,  after  notice  and  hearing, order any
26    telecommunications  carrier  to  terminate  service  to   any
27    aggregator found to have violated any rule.
28        (e)  This Section is repealed on July 1, 1999 1997.
29    (Source: P.A. 88-382.)
30        Section  99.  Effective date.  This Act takes effect upon
31    becoming law.

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