State of Illinois
92nd General Assembly

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 1        AN ACT concerning telecommunications.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Public Utilities Act is amended by adding
 5    Section 13-904 as follows:

 6        (220 ILCS 5/13-904 new)
 7        (Section scheduled to be repealed July 1, 2005)
 8        Sec. 13-904.  Marketing practices.
 9        (a)  No  telecommunications  carrier  shall   commit   an
10    unfair,  deceptive,  or  unconscionable  act  or  practice in
11    connection with a consumer transaction.  Without limiting the
12    scope  of  this  Section,  the   act   or   practice   of   a
13    telecommunications carrier is deceptive if the carrier:
14             (1)  fails  to  clearly  highlight,  in  written  or
15        printed   advertising   or  promotional  literature,  any
16        material    exclusions,    reservations,     limitations,
17        modifications,  or  conditions  associated  with  special
18        offers or promotions;
19             (2)  fails    to    place    material    exclusions,
20        reservations,  limitations,  modifications, or conditions
21        within close proximity to the words stating such  special
22        offer or promotion;
23             (3)  fails to clearly state all specific exclusions,
24        reservations,  limitations,  modifications, or conditions
25        when  making   offers   through   radio   or   television
26        advertisement; or
27             (4)  advertises  or  offers  goods  or  services  as
28        "free"  when the cost of the "free" offer is passed on to
29        the consumer by raising the tariffed price of  the  goods
30        or services that must be purchased in connection with the
31        "free" offer.
                            -2-                LRB9214428JSpc
 1        (b)  Telecommunications   carriers   shall  use  positive
 2    subscriber enrollment for all services for  which  a  monthly
 3    recurring charge would apply.
 4        (c)  When  an  applicant for new access line service or a
 5    current    subscriber    applying    for    an     additional
 6    telecommunications   service  contacts  a  telecommunications
 7    carrier, the carrier, during the conversation, shall:
 8             (1)  for all regulated  telecommunication  services,
 9        explain   the   services  being  offered  (including  any
10        limitations  or  restrictions)  and  the  rates  for  the
11        services,  including:  all  nonrecurring   charges;   the
12        minimum  monthly  charge,  if  applicable;  the rates per
13        usage increments; taxes; and surcharges;
14             (2)  for  local  exchange  services,   provide   all
15        necessary  information for the applicant or subscriber to
16        obtain the most economical local  service  conforming  to
17        the customer's stated needs, including:
18                  (A)  immediate  disclosure of the price for any
19             basic service offering  suggested  by  the  provider
20             and,  if applicable, an offer to explain other basic
21             service offerings and rates;
22                  (B)  an estimate of any special  charge  levied
23             on  the  basis  of  actual  cost  for  items such as
24             extraordinary    construction,    maintenance,    or
25             replacement costs or expenses, overtime work at  the
26             customer's  request,  and  special installations and
27             equipment,  as  well  as  the  option,  if  any,  to
28             contract with sources other  than  the  provider  to
29             perform the work;
30                  (C)  an estimate of the initial billing for all
31             monthly local service (including any partial monthly
32             amounts); and
33                  (D)  the   option   to  spread  local  exchange
34             telephone service installation charges over a period
                            -3-                LRB9214428JSpc
 1             of 3 months.
 2        (d)  Telecommunications carriers providing local service,
 3    when offering bundled service packages,  shall  explain  that
 4    each  service  or feature within the package may be purchased
 5    individually, list each service and feature contained in  the
 6    package,  and,  upon  subscriber  request, provide individual
 7    rates for each service or feature.
 8        (e)  When a subscriber calls a telecommunications carrier
 9    to  request  information  about  a  specific  local  exchange
10    service or feature, to report service problems,  or  to  make
11    payment  arrangements,  the carrier shall not engage in sales
12    practices until the  provider  first  confirms  that  it  has
13    completely  responded  to  the  subscriber's concern.  Upon a
14    subscriber's request, the carrier shall discontinue the sales
15    discussion.

16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.

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