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91_SB0384
LRB9102437JSpc
1 AN ACT to amend the Public Utilities Act by changing
2 Section 13-515.
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 Section 13-515 as follows:
7 (220 ILCS 5/13-515)
8 (Section scheduled to be repealed on July 1, 2001)
9 Sec. 13-515. Enforcement.
10 (a) The following expedited procedures shall be used to
11 enforce the provisions of Section 13-514 of this Act except
12 as provided in subsection (b). However, the Commission, the
13 complainant, and the respondent may mutually agree to adjust
14 the procedures established in this Section. If the
15 Commission determines, pursuant to subsection (b), that the
16 procedural provisions of this Section do not apply, the
17 complaint shall continue pursuant to the general complaint
18 provisions of Article X.
19 (b) The provisions of this Section shall not apply to an
20 allegation of a violation of item (8) of Section 13-514 by a
21 Bell operating company, as defined in Section 3 of the
22 federal Telecommunications Act of 1996, unless and until such
23 company or its affiliate is authorized to provide inter-LATA
24 services under Section 271(d) of the federal
25 Telecommunications Act of 1996; provided, however, that a
26 complaint setting forth a separate independent basis for a
27 violation of Section 13-514 may proceed under this Section
28 notwithstanding that the alleged acts or omissions may also
29 constitute a violation of item (8) of Section 13-514.
30 (c) No complaint may be filed under this Section until
31 the complainant has first notified the respondent of the
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1 alleged violation and offered the respondent 48 hours to
2 correct the situation. Provision of notice and the
3 opportunity to correct the situation creates a rebuttable
4 presumption of knowledge under Section 13-514.
5 (d) A telecommunications carrier may file a complaint
6 with the Commission alleging a violation of Section 13-514 in
7 accordance with this subsection:
8 (1) The complaint shall be filed with the Chief
9 Clerk of the Commission and shall be served in hand upon
10 the respondent, the executive director, and the general
11 counsel of the Commission at the time of the filing.
12 (2) A complaint filed under this subsection shall
13 include a statement that the requirements of subsection
14 (c) have been fulfilled and that the respondent did not
15 correct the situation as requested.
16 (3) Reasonable discovery specific to the issue of
17 the complaint may commence upon filing of the complaint.
18 Requests for discovery must be served in hand and
19 responses to discovery must be provided in hand to the
20 requester within 14 days after a request for discovery is
21 made.
22 (4) An answer and any other responsive pleading to
23 the complaint shall be filed with the Commission and
24 served in hand at the same time upon the complainant, the
25 executive director, and the general counsel of the
26 Commission within 7 days after the date on which the
27 complaint is filed.
28 (5) If the answer or responsive pleading raises the
29 issue that the complaint violates subsection (i) of this
30 Section, the complainant may file a reply to such
31 allegation within 3 days after actual service of such
32 answer or responsive pleading. Within 4 days after the
33 time for filing a reply has expired, the hearing officer
34 or arbitrator shall either issue a written decision
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1 dismissing the complaint as frivolous in violation of
2 subsection (i) of this Section including the reasons for
3 such disposition or shall issue an order directing that
4 the complaint shall proceed.
5 (6) A pre-hearing conference shall be held within
6 14 days after the date on which the complaint is filed.
7 (7) The hearing shall commence within 30 days of
8 the date on which the complaint is filed. The hearing
9 may be conducted by a hearing examiner or by an
10 arbitrator. Parties and the Commission staff shall be
11 entitled to present evidence and legal argument in oral
12 or written form as deemed appropriate by the hearing
13 examiner or arbitrator. The hearing examiner or
14 arbitrator shall issue a written decision within 60 days
15 after the date on which the complaint is filed. The
16 decision shall include reasons for the disposition of the
17 complaint and, if a violation of Section 13-514 is found,
18 directions and a deadline for correction of the
19 violation. In addition, the decision shall include a
20 monetary award for reasonable attorneys fees. The
21 Commission or the complainant may apply to a court of
22 competent jurisdiction for an order requiring payment.
23 This remedy shall be in addition to the remedies set
24 forth in Section 13-516.
25 (8) Any party may file a petition requesting the
26 Commission to review the decision of the hearing examiner
27 or arbitrator within 5 days of such decision. Any party
28 may file a response to a petition for review within 3
29 business days after actual service of the petition.
30 After the time for filing of the petition for review, but
31 no later than 15 days after the decision of the hearing
32 examiner or arbitrator, the Commission shall decide to
33 adopt the decision of the hearing examiner or arbitrator
34 or shall issue its own final order.
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1 (e) If the alleged violation has a substantial adverse
2 effect on the ability of the complainant to provide service
3 to customers, the complainant may include in its complaint a
4 request for an order for emergency relief. The Commission,
5 acting through its designated hearing examiner or arbitrator,
6 shall act upon such a request within 2 business days of the
7 filing of the complaint. An order for emergency relief may
8 be granted, without an evidentiary hearing, upon a verified
9 factual showing that the party seeking relief will likely
10 succeed on the merits, that the party will suffer irreparable
11 harm in its ability to serve customers if emergency relief is
12 not granted, and that the order is in the public interest.
13 An order for emergency relief shall include a finding that
14 the requirements of this subsection have been fulfilled and
15 shall specify the directives that must be fulfilled by the
16 respondent and deadlines for meeting those directives. The
17 decision of the hearing examiner or arbitrator to grant or
18 deny emergency relief shall be considered an order of the
19 Commission unless the Commission enters its own order within
20 2 calendar days of the decision of the hearing examiner or
21 arbitrator. The order for emergency relief may require the
22 responding party to act or refrain from acting so as to
23 protect the provision of competitive service offerings to
24 customers. Any action required by an emergency relief order
25 must be technically feasible and economically reasonable and
26 the respondent must be given a reasonable period of time to
27 comply with the order.
28 (f) The Commission is authorized to obtain outside
29 resources including, but not limited to, arbitrators and
30 consultants for the purposes of the hearings authorized by
31 this Section. Any arbitrator or consultant obtained by the
32 Commission shall be approved by both parties to the hearing.
33 The cost of such outside resources including, but not limited
34 to, arbitrators and consultants shall be borne by the
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1 parties. The Commission shall review the bill for
2 reasonableness and assess the parties for reasonable costs
3 dividing the costs according to the resolution of the
4 complaint brought under this Section. Such costs shall be
5 paid by the parties directly to the arbitrators, consultants,
6 and other providers of outside resources within 60 days after
7 receiving notice of the assessments from the Commission.
8 Interest at the statutory rate shall accrue after expiration
9 of the 60-day period. The Commission, arbitrators,
10 consultants, or other providers of outside resources may
11 apply to a court of competent jurisdiction for an order
12 requiring payment.
13 (g) The Commission shall assess the parties under this
14 subsection for all of the Commission's costs of investigation
15 and conduct of the proceedings brought under this Section
16 including, but not limited to, the prorated salaries of
17 staff, attorneys, hearing examiners, and support personnel
18 and including any travel and per diem, directly attributable
19 to the complaint brought pursuant to this Section, but
20 excluding those costs provided for in subsection (f),
21 dividing the costs according to the resolution of the
22 complaint brought under this Section. All assessments made
23 under this subsection shall be paid into the Public Utility
24 Fund within 60 days after receiving notice of the assessments
25 from the Commission. Interest at the statutory rate shall
26 accrue after the expiration of the 60 day period. The
27 Commission is authorized to apply to a court of competent
28 jurisdiction for an order requiring payment.
29 (h) If the Commission determines that there is an
30 imminent threat to competition or to the public interest, the
31 Commission may, notwithstanding any other provision of this
32 Act, seek temporary, preliminary, or permanent injunctive
33 relief from a court of competent jurisdiction either prior to
34 or after the hearing.
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1 (i) A party shall not bring or defend a proceeding
2 brought under this Section or assert or controvert an issue
3 in a proceeding brought under this Section, unless there is a
4 non-frivolous basis for doing so. By presenting a pleading,
5 written motion, or other paper in complaint or defense of the
6 actions or inaction of a party under this Section, a party is
7 certifying to the Commission that to the best of that party's
8 knowledge, information, and belief, formed after a reasonable
9 inquiry of the subject matter of the complaint or defense,
10 that the complaint or defense is well grounded in law and
11 fact, and under the circumstances:
12 (1) it is not being presented to harass the other
13 party, cause unnecessary delay in the provision of
14 competitive telecommunications services to consumers, or
15 create needless increases in the cost of litigation; and
16 (2) the allegations and other factual contentions
17 have evidentiary support or, if specifically so
18 identified, are likely to have evidentiary support after
19 reasonable opportunity for further investigation or
20 discovery as defined herein.
21 (j) If, after notice and a reasonable opportunity to
22 respond, the Commission determines that subsection (i) has
23 been violated, the Commission shall impose appropriate
24 sanctions upon the party or parties that have violated
25 subsection (i) or are responsible for the violation. The
26 sanctions shall be not more than $7,500, plus the amount of
27 expenses accrued by the Commission for conducting the
28 hearing. Payment of sanctions imposed under this subsection
29 shall be made to the Common School Fund within 30 days of
30 imposition of such sanctions.
31 (k) An appeal of a Commission Order made pursuant to
32 this Section shall not effectuate a stay of the Order unless
33 a court of competent jurisdiction specifically finds that the
34 party seeking the stay will likely succeed on the merits,
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1 that the party will suffer irreparable harm without the stay,
2 and that the stay is in the public interest.
3 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)