State of Illinois
92nd General Assembly

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 1        AN  ACT  to  amend  the  Public Utilities Act by changing
 2    Sections 13-506.1, 13-508, 13-515,  13-516,  and  13-803  and
 3    adding Sections 13-202.1 and 13-408.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section  5.  The  Public  Utilities  Act  is  amended  by
 7    changing  Sections  13-506.1,  13-508,  13-515,  13-516,  and
 8    13-803 and adding Sections 13-202.1 and 13-408 as follows:

 9        (220 ILCS 5/13-202.1 new)
10        Sec.   13-202.1.  Incumbent   local   exchange   carrier.
11    "Incumbent local exchange carrier" means, with respect to  an
12    area, the local exchange carrier, including its successors or
13    assigns,  that  provided  telephone  exchange service in that
14    area on February 8, 1996 and on that date was deemed to be  a
15    member  of  the  exchange  carrier association pursuant to 47
16    C.F.R. 69.601(b).

17        (220 ILCS 5/13-408 new)
18        Sec. 13-408.  Duties of telecommunications carriers.
19        (a)  A  telecommunications  carrier  shall  comply   with
20    applicable  federal  laws  and federal regulations, orders of
21    the Federal Communications  Commission,  and  orders  of  the
22    Illinois  Commerce  Commission.  The  duty to comply with any
23    federal regulation or order shall not  obviate  the  duty  to
24    comply with a rule or order of the Commission.
25        A telecommunications carrier has the duty to interconnect
26    directly  or  indirectly with the facilities and equipment of
27    other telecommunications carriers and the duty not to install
28    network features, functions,  or  capabilities  that  do  not
29    comply with the guidelines and standards established pursuant
30    to 47 U.S.C. 255 and 256.
                            -2-               SRS92SB0008SBap
 1        (b)  A local exchange carrier has the following duties:
 2             (1)  the  duty  not  to  prohibit, and not to impose
 3        unreasonable or discriminatory conditions or  limitations
 4        on, the resale of its telecommunications services;
 5             (2)  the  duty to provide, to the extent technically
 6        feasible,   number   portability   in   accordance   with
 7        requirements prescribed  by  the  Federal  Communications
 8        Commission;
 9             (3)  the duty to provide dialing parity to competing
10        providers  of telecommunications services and the duty to
11        permit all of those providers to  have  nondiscriminatory
12        access to telephone numbers, operator services, directory
13        assistance,  and  directory listing, with no unreasonable
14        dialing delays;
15             (4)  the duty to afford access to the poles,  ducts,
16        conduits,  and  rights-of-way of the carrier to competing
17        providers of telecommunications services on rates, terms,
18        and conditions that are consistent with 47 U.S.C. 224;
19             (5)  the duty to establish  reciprocal  compensation
20        arrangements   for   the  transport  and  termination  of
21        telecommunications.
22        (c)  An incumbent local exchange  carrier  also  has  the
23    following additional duties:
24             (1)  The   duty  to  negotiate  in  good  faith,  in
25        accordance with 47 U.S.C. 252, the particular  terms  and
26        conditions  of agreements to fulfill the duties described
27        in paragraphs (1) through (5) of subsection (b)  of  this
28        Section   and   in   this   subsection.   The  requesting
29        telecommunications carrier also has the duty to negotiate
30        in  good  faith  the  terms  and  conditions   of   those
31        agreements.
32             (2)  The  duty  to  provide,  for the facilities and
33        equipment of any requesting  telecommunications  carrier,
34        interconnection   with   the   local  exchange  carrier's
                            -3-               SRS92SB0008SBap
 1        network:
 2                  (A)  for  the  transmission  and   routing   of
 3             telephone exchange service and exchange access;
 4                  (B)  at  any  technically feasible point within
 5             the carrier's network;
 6                  (C)  that is at least equal in quality to  that
 7             provided  by the local exchange carrier to itself or
 8             to any subsidiary,  affiliate,  or  other  party  to
 9             which the carrier provides interconnection; and
10                  (D)  on  rates,  terms, and conditions that are
11             just,   reasonable,   and   nondiscriminatory,    in
12             accordance  with  the  terms  and  conditions of the
13             agreement and the requirements of this  Section  and
14             47 U.S.C. 252.
15                       (i)  An  incumbent  local exchange carrier
16                  shall   develop   and   implement   performance
17                  measurements  designed  to  (1)   measure   the
18                  quality  of  service  it  provides to competing
19                  local exchange carriers and (2) to ensure  that
20                  the  quality  of  service  it provides to those
21                  carriers is at least equal to  the  service  it
22                  provides  to  itself, its subsidiaries, and its
23                  affiliates.  The Commission shall establish and
24                  publish a  list  of  performance  measurements,
25                  which  shall  include  all  of  the performance
26                  measurements  required  to  be  used   by   the
27                  Commission   pursuant   to  I.C.C.  Docket  No.
28                  98-0555,  issued  on  September  23,  1999.  An
29                  incumbent local exchange carrier's  failure  to
30                  implement  one or more performance measurements
31                  or its failure to meet the benchmark  level  of
32                  service  prescribed  in one or more performance
33                  measurements  shall  result   in   payment   of
34                  liquidated  damages  not to exceed $90,000,000.
                            -4-               SRS92SB0008SBap
 1                  The Commission shall determine the distribution
 2                  of  any   fines   and   the   calculation   and
 3                  distribution of any liquidated damages.
 4                       (ii)  An  incumbent local exchange carrier
 5                  shall make available to any requesting  carrier
 6                  in  Illinois  interconnection arrangements that
 7                  the incumbent local exchange carrier or any  of
 8                  its subsidiaries or affiliates offer or provide
 9                  in   other  states.  Incumbent  local  exchange
10                  carriers   shall   also   make   available   to
11                  requesting carriers in Illinois interconnection
12                  arrangements that any of  its  subsidiaries  or
13                  affiliates has obtained in another state.
14             (3)  The   duty   to   provide,  to  any  requesting
15        telecommunications  carrier  for  the  provision   of   a
16        telecommunications  service,  nondiscriminatory access to
17        network elements on an unbundled basis at any technically
18        feasible point on rates, terms, and conditions  that  are
19        just,  reasonable,  and  nondiscriminatory  in accordance
20        with the terms and conditions of the  agreement  and  the
21        requirements  of  this  Section  and  47  U.S.C.  252. An
22        incumbent local  exchange  carrier  shall  provide  those
23        unbundled  network  elements  in  a  manner  that  allows
24        requesting carriers to combine those elements in order to
25        provide telecommunications service.
26                       (i)  An  incumbent  local exchange carrier
27                  shall provide a carrier  purchasing  access  to
28                  unbundled    network    elements    with    the
29                  pre-ordering,      ordering,      provisioning,
30                  maintenance  and  repair, and billing functions
31                  of  the  incumbent  local  exchange   carrier's
32                  operations   support  systems.   The  incumbent
33                  local exchange carrier shall provide access  to
34                  its  operations  support systems at parity with
                            -5-               SRS92SB0008SBap
 1                  the  incumbent  local  exchange  carrier's  own
 2                  access  to  its  operations  support   systems.
 3                  Parity   access  to  incumbent  local  exchange
 4                  carrier operations support systems must be made
 5                  available to any requesting  carrier  no  later
 6                  than January 1, 2002.
 7             (4)  The  duty  (A) to offer for resale at wholesale
 8        rates any telecommunications  service  that  the  carrier
 9        provides   at   retail   to   subscribers   who  are  not
10        telecommunications carriers and (B) not to prohibit,  and
11        not  to  impose unreasonable or discriminatory conditions
12        or limitations on, the resale of that  telecommunications
13        service,  except  that  the  Illinois Commerce Commission
14        may,  consistent  with  regulations  prescribed  by   the
15        Federal  Communications  Commission,  prohibit a reseller
16        that obtains  at  wholesale  rates  a  telecommunications
17        service that is available at retail only to a category of
18        subscribers  from  offering  that  service to a different
19        category of subscribers.
20             (5)  The duty to provide reasonable public notice of
21        changes in the information necessary for the transmission
22        and  routing  of  services  using  that  local   exchange
23        carrier's facilities or networks, as well as of any other
24        changes  that would affect the inter-operability of those
25        facilities and networks.
26             (6)  The duty  to  provide,  on  rates,  terms,  and
27        conditions     that    are    just,    reasonable,    and
28        nondiscriminatory, for physical collocation of  equipment
29        necessary  for  interconnection  or  access  to unbundled
30        network elements at the premises of  the  local  exchange
31        carrier,  except that the carrier may provide for virtual
32        collocation if the local exchange carrier demonstrates to
33        the   Illinois   Commerce   Commission   that    physical
34        collocation  is  not  practical  for technical reasons or
                            -6-               SRS92SB0008SBap
 1        because of space limitations.
 2        (d)  The exemption for certain rural telephone  companies
 3    as  described in 47 U.S.C. 251(f) is adopted and incorporated
 4    by reference.
 5        (e)  The Commission may approve a  deadline,  other  than
 6    the  deadline provided in this Section, for compliance with a
 7    requirement of this Section by a  telecommunications  carrier
 8    with  fewer  than  35,000  access  lines  in  Illinois if the
 9    Commission finds, after notice and hearing,  that  compliance
10    with  a  deadline  provided  in this Section would impair the
11    ability of  the  petitioning  carrier  to  meet  its  service
12    obligations,  however,  the  Commission  may  not  approve  a
13    deadline  for compliance with any requirement of this Section
14    that is later than January 1, 2003.
15        (f)  The Commission shall submit a report to the  General
16    Assembly  no  later than 180 days after the effective date of
17    this amendatory Act of the 91st General  Assembly,  and  each
18    180  days  thereafter  through the end of calendar year 2003,
19    describing  the  extent  to  which  each   telecommunications
20    carrier  certificated  to provide service in this State is in
21    compliance with each of the  requirements  of  this  Section.
22    The  report  shall  also  describe  the  nature,  status, and
23    disposition of  any  complaints  filed  with  the  Commission
24    concerning  both  failure  to  comply  with  this  Section or
25    violations of Section 13-514.

26        (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
27        (Section scheduled to be repealed on July 1, 2001)
28        Sec.  13-506.1.  Alternative  forms  of  regulation   for
29    noncompetitive services.
30        (a)  Notwithstanding  any of the ratemaking provisions of
31    this Article or Article IX that are deemed to require rate of
32    return regulation, the Commission may  implement  alternative
33    forms of regulation in order to establish just and reasonable
                            -7-               SRS92SB0008SBap
 1    rates    for   noncompetitive   telecommunications   services
 2    including, but not limited  to,  price  regulation,  earnings
 3    sharing,  rate  moratoria,  or  a network modernization plan.
 4    The Commission is authorized  to  adopt  different  forms  of
 5    regulation to fit the particular characteristics of different
 6    telecommunications carriers and their service areas.
 7        In  addition  to  the  public  policy  goals  declared in
 8    Section 13-103, the Commission shall consider, in determining
 9    the appropriateness of any alternative  form  of  regulation,
10    whether it will:
11             (1)  reduce regulatory delay and costs over time;
12             (2)  encourage innovation in services;
13             (3)  promote efficiency;
14             (4)  facilitate the broad dissemination of technical
15        improvements to all classes of ratepayers;
16             (5)  enhance economic development of the State; and
17             (6)  provide for fair, just, and reasonable rates.
18        (b)  A      telecommunications      carrier     providing
19    noncompetitive telecommunications services may  petition  the
20    Commission   to   regulate   the  rates  or  charges  of  its
21    noncompetitive  services  under  an   alternative   form   of
22    regulation.  The telecommunications carrier shall submit with
23    its  petition its plan for an alternative form of regulation.
24    The Commission shall review and  may  modify  or  reject  the
25    carrier's  proposed  plan.   The Commission also may initiate
26    consideration  of  alternative  forms  of  regulation  for  a
27    telecommunications carrier on its own motion. The  Commission
28    may  approve  the  plan  or  modified  plan and authorize its
29    implementation only if it finds, after  notice  and  hearing,
30    that the plan or modified plan at a minimum:
31             (1)  is in the public interest;
32             (2)  will  produce  fair, just, and reasonable rates
33        for telecommunications services;
34             (3)  responds  to  changes  in  technology  and  the
                            -8-               SRS92SB0008SBap
 1        structure of the telecommunications industry that are, in
 2        fact, occurring;
 3             (4)  constitutes  a   more   appropriate   form   of
 4        regulation    based    on    the   Commission's   overall
 5        consideration of the policy goals set  forth  in  Section
 6        13-103 and this Section;
 7             (5)  specifically  identifies  how  ratepayers  will
 8        benefit  from  any efficiency gains, cost savings arising
 9        out  of  the  regulatory  change,  and  improvements   in
10        productivity due to technological change;
11             (6)  will  maintain  the quality and availability of
12        telecommunications services; and
13             (7)  will not unduly or  unreasonably  prejudice  or
14        disadvantage  any  particular  customer  class, including
15        telecommunications carriers.
16        (c)  An alternative regulation plan approved  under  this
17    Section shall provide, as a condition for Commission approval
18    of  the  plan,  that  for  the  first  3 years the plan is in
19    effect, basic residence service rates shall be no higher than
20    those rates in effect 180 days before the filing of the plan.
21    This provision shall  not  be  used  as  a  justification  or
22    rationale  for  an  increase  in  basic service rates for any
23    other customer class.  For purposes of this  Section,  "basic
24    residence service rates" shall mean monthly recurring charges
25    for  the  telecommunications  carrier's lowest priced primary
26    residence network access lines,  along  with  any  associated
27    untimed  or  flat  rate local usage charges.  Nothing in this
28    subsection (c) shall preclude the Commission  from  approving
29    an   alternative   regulation   plan  that  results  in  rate
30    reductions provided all the requirements  of  subsection  (b)
31    are satisfied by the plan.
32        (d)  Any  alternative  form  of  regulation granted for a
33    multi-year period under this Section shall provide for annual
34    or more frequent reporting to the Commission to document that
                            -9-               SRS92SB0008SBap
 1    the requirements of the plan are being properly implemented.
 2        (e)  Upon petition by the telecommunications  carrier  or
 3    any  other  person or upon its own motion, the Commission may
 4    rescind its approval of an alternative form of regulation if,
 5    after notice and hearing, it finds that  the  conditions  set
 6    forth  in  subsection  (b)  of  this Section can no longer be
 7    satisfied.  Any person may file a complaint alleging that the
 8    rates  charged  by  a  telecommunications  carrier  under  an
 9    alternative  form   of   regulation   are   unfair,   unjust,
10    unreasonable,  unduly  discriminatory,  or  are otherwise not
11    consistent with the requirements of this  Article;  provided,
12    that  the  complainant  shall  bear the burden of proving the
13    allegations in the complaint.
14        (f)  Nothing  in  this  Section  shall  be  construed  to
15    authorize the Commission to render Sections 9-241, 9-250, and
16    13-505.2 inapplicable to noncompetitive services.
17        (g)  If an incumbent  local  exchange  carrier  fails  to
18    comply  with  any  of  the  effective requirements of Section
19    13-408,  that  carrier  may  not  be   regulated   under   an
20    alternative  form  of  regulation.   The  Commission  may not
21    approve an alternative regulation plan for an incumbent local
22    exchange carrier not in compliance with Section 13-408.   For
23    an  incumbent  local exchange carrier in violation of Section
24    13-408 and operating under  an  already-approved  alternative
25    regulation plan, the Commission shall immediately impose rate
26    of  return regulation and commence a rate proceeding pursuant
27    to Section 9-201 to determine just and reasonable rates.
28    (Source: P.A. 87-856.)

29        (220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
30        (Section scheduled to be repealed on July 1, 2001)
31        Sec. 13-508.  (a)  The Commission  is  authorized,  after
32    notice  and  hearing,  to  order a telecommunications carrier
33    which offers or provides both competitive and  noncompetitive
                            -10-              SRS92SB0008SBap
 1    telecommunications  service  to  establish  a fully separated
 2    subsidiary to provide all or part of such competitive service
 3    where:
 4             (1)(a)  no  less  costly  means  is  available   and
 5        effective   in   fully   and   properly  identifying  and
 6        allocating costs between such carrier's  competitive  and
 7        noncompetitive telecommunications services; and
 8             (2)(b)  the  incremental  cost  of  establishing and
 9        maintaining such subsidiary would not  require  increases
10        in  rates  or  charges  to levels which would effectively
11        preclude  the  offer  or  provision   of   the   affected
12        competitive telecommunications service.
13        (b) The Commission shall, after notice and hearing, order
14    structural  separation of an incumbent local exchange carrier
15    if, after January 1, 2002, the carrier is not  in  compliance
16    with   Section   13-408.   Structural  separation  means  the
17    separation of an incumbent local exchange  carrier's  network
18    element   facilities,   services,   and   business   into  an
19    independent, publicly-owned company separate and  apart  from
20    the incumbent local exchange carrier's retail services.
21    (Source: P.A. 84-1063.)

22        (220 ILCS 5/13-515)
23        (Section scheduled to be repealed on July 1, 2001)
24        Sec. 13-515.  Enforcement.
25        (a)  The  following expedited procedures shall be used to
26    enforce the provisions of Sections Section 13-408 and  13-514
27    of  this  Act except as provided in subsection (b).  However,
28    the Commission,  the  complainant,  and  the  respondent  may
29    mutually  agree  to adjust the procedures established in this
30    Section.   If  the   Commission   determines,   pursuant   to
31    subsection  (b),  that  the  procedural  provisions  of  this
32    Section  do  not apply, the complaint shall continue pursuant
33    to the general complaint provisions of Article X.
                            -11-              SRS92SB0008SBap
 1        (b)  (Blank).  The provisions of this Section  shall  not
 2    apply  to an allegation of a violation of item (8) of Section
 3    13-514 by a Bell operating company, as defined in  Section  3
 4    of  the  federal  Telecommunications  Act of 1996, unless and
 5    until such company or its affiliate is authorized to  provide
 6    inter-LATA  services  under  Section  271(d)  of  the federal
 7    Telecommunications Act of 1996;  provided,  however,  that  a
 8    complaint  setting  forth  a separate independent basis for a
 9    violation of Section 13-514 may proceed  under  this  Section
10    notwithstanding  that  the alleged acts or omissions may also
11    constitute a violation of item (8) of Section 13-514.
12        (c)  No complaint may be filed under this  Section  until
13    the  complainant  has  first  notified  the respondent of the
14    alleged violation and offered  the  respondent  48  hours  to
15    correct   the   situation.    Provision  of  notice  and  the
16    opportunity to correct the  situation  creates  a  rebuttable
17    presumption of knowledge under Section 13-514.
18        (d)  A  telecommunications  carrier  may file a complaint
19    with the Commission alleging a violation of Section 13-514 in
20    accordance with this subsection:
21             (1)  The complaint shall be  filed  with  the  Chief
22        Clerk  of the Commission and shall be served in hand upon
23        the respondent, the executive director, and  the  general
24        counsel of the Commission at the time of the filing.
25             (2)  A  complaint  filed under this subsection shall
26        include a statement that the requirements  of  subsection
27        (c)  have  been fulfilled and that the respondent did not
28        correct the situation as requested.
29             (3)  Reasonable discovery specific to the  issue  of
30        the complaint may commence upon filing of the complaint.
31        Requests  for  discovery  must  be  served  in  hand  and
32        responses  to  discovery  must be provided in hand to the
33        requester within 14 days after a request for discovery is
34        made.
                            -12-              SRS92SB0008SBap
 1             (4)  An answer and any other responsive pleading  to
 2        the  complaint  shall  be  filed  with the Commission and
 3        served in hand at the same time upon the complainant, the
 4        executive  director,  and  the  general  counsel  of  the
 5        Commission within 7 days after  the  date  on  which  the
 6        complaint is filed.
 7             (5)  If the answer or responsive pleading raises the
 8        issue  that the complaint violates subsection (i) of this
 9        Section,  the  complainant  may  file  a  reply  to  such
10        allegation within 3 days after  actual  service  of  such
11        answer  or  responsive pleading.  Within 4 days after the
12        time for filing a reply has expired, the hearing  officer
13        or  arbitrator  shall  either  issue  a  written decision
14        dismissing the complaint as  frivolous  in  violation  of
15        subsection  (i) of this Section including the reasons for
16        such disposition or shall issue an order  directing  that
17        the complaint shall proceed.
18             (6)  A  pre-hearing  conference shall be held within
19        14 days after the date on which the complaint is filed.
20             (7)  The hearing shall commence within  30  days  of
21        the  date  on  which the complaint is filed.  The hearing
22        may  be  conducted  by  a  hearing  examiner  or  by   an
23        arbitrator.   Parties  and  the Commission staff shall be
24        entitled to present evidence and legal argument  in  oral
25        or  written  form  as  deemed  appropriate by the hearing
26        examiner  or  arbitrator.   The   hearing   examiner   or
27        arbitrator  shall issue a written decision within 60 days
28        after the date on which  the  complaint  is  filed.   The
29        decision shall include reasons for the disposition of the
30        complaint and, if a violation of Section 13-514 is found,
31        directions   and   a   deadline  for  correction  of  the
32        violation.
33             (8)  Any party may file a  petition  requesting  the
34        Commission to review the decision of the hearing examiner
                            -13-              SRS92SB0008SBap
 1        or  arbitrator within 5 days of such decision.  Any party
 2        may file a response to a petition  for  review  within  3
 3        business  days  after  actual  service  of  the petition.
 4        After the time for filing of the petition for review, but
 5        no later than 15 days after the decision of  the  hearing
 6        examiner  or  arbitrator,  the Commission shall decide to
 7        adopt the decision of the hearing examiner or  arbitrator
 8        or shall issue its own final order.
 9        (e)  If  the  alleged violation has a substantial adverse
10    effect on the ability of the complainant to  provide  service
11    to  customers, the complainant may include in its complaint a
12    request for an order for emergency relief.   The  Commission,
13    acting through its designated hearing examiner or arbitrator,
14    shall  act  upon such a request within 2 business days of the
15    filing of the complaint.  An order for emergency  relief  may
16    be  granted,  without an evidentiary hearing, upon a verified
17    factual showing that the party  seeking  relief  will  likely
18    succeed on the merits, that the party will suffer irreparable
19    harm in its ability to serve customers if emergency relief is
20    not  granted,  and  that the order is in the public interest.
21    An order for emergency relief shall include  a  finding  that
22    the  requirements  of this subsection have been fulfilled and
23    shall specify the directives that must be  fulfilled  by  the
24    respondent  and  deadlines for meeting those directives.  The
25    decision of the hearing examiner or arbitrator  to  grant  or
26    deny  emergency  relief  shall  be considered an order of the
27    Commission unless the Commission enters its own order  within
28    2  calendar  days  of the decision of the hearing examiner or
29    arbitrator.  The order for emergency relief may  require  the
30    responding  party  to  act  or  refrain  from acting so as to
31    protect the provision of  competitive  service  offerings  to
32    customers.   Any action required by an emergency relief order
33    must be technically feasible and economically reasonable  and
34    the  respondent  must be given a reasonable period of time to
                            -14-              SRS92SB0008SBap
 1    comply with the order.
 2        (f)  The  Commission  is  authorized  to  obtain  outside
 3    resources including, but  not  limited  to,  arbitrators  and
 4    consultants  for  the  purposes of the hearings authorized by
 5    this Section.  Any arbitrator or consultant obtained  by  the
 6    Commission  shall be approved by both parties to the hearing.
 7    The cost of such outside resources including, but not limited
 8    to,  arbitrators  and  consultants  shall  be  borne  by  the
 9    parties.   The  Commission  shall   review   the   bill   for
10    reasonableness  and  assess  the parties for reasonable costs
11    dividing  the  costs  according  to  the  resolution  of  the
12    complaint brought under this Section.  Such  costs  shall  be
13    paid by the parties directly to the arbitrators, consultants,
14    and other providers of outside resources within 60 days after
15    receiving  notice  of  the  assessments  from the Commission.
16    Interest at the statutory rate shall accrue after  expiration
17    of   the   60-day   period.    The  Commission,  arbitrators,
18    consultants, or other  providers  of  outside  resources  may
19    apply  to  a  court  of  competent  jurisdiction for an order
20    requiring payment.
21        (g)  The Commission shall assess the parties  under  this
22    subsection for all of the Commission's costs of investigation
23    and  conduct  of  the  proceedings brought under this Section
24    including, but not  limited  to,  the  prorated  salaries  of
25    staff,  attorneys,  hearing  examiners, and support personnel
26    and including any travel and per diem, directly  attributable
27    to  the  complaint  brought  pursuant  to  this  Section, but
28    excluding  those  costs  provided  for  in  subsection   (f),
29    dividing  the  costs  according  to  the  resolution  of  the
30    complaint  brought  under this Section.  All assessments made
31    under this subsection shall be paid into the  Public  Utility
32    Fund within 60 days after receiving notice of the assessments
33    from  the  Commission.   Interest at the statutory rate shall
34    accrue after the  expiration  of  the  60  day  period.   The
                            -15-              SRS92SB0008SBap
 1    Commission  is  authorized  to  apply to a court of competent
 2    jurisdiction for an order requiring payment.
 3        (h)  If  the  Commission  determines  that  there  is  an
 4    imminent threat to competition or to the public interest, the
 5    Commission may, notwithstanding any other provision  of  this
 6    Act,  seek  temporary,  preliminary,  or permanent injunctive
 7    relief from a court of competent jurisdiction either prior to
 8    or after the hearing.
 9        (i)  A party shall  not  bring  or  defend  a  proceeding
10    brought  under  this Section or assert or controvert an issue
11    in a proceeding brought under this Section, unless there is a
12    non-frivolous basis for doing so.  By presenting a  pleading,
13    written motion, or other paper in complaint or defense of the
14    actions or inaction of a party under this Section, a party is
15    certifying to the Commission that to the best of that party's
16    knowledge, information, and belief, formed after a reasonable
17    inquiry  of  the  subject matter of the complaint or defense,
18    that the complaint or defense is well  grounded  in  law  and
19    fact, and under the circumstances:
20             (1)  it  is  not being presented to harass the other
21        party,  cause  unnecessary  delay  in  the  provision  of
22        competitive telecommunications services to consumers,  or
23        create needless increases in the cost of litigation; and
24             (2)  the  allegations  and other factual contentions
25        have  evidentiary  support   or,   if   specifically   so
26        identified,  are likely to have evidentiary support after
27        reasonable  opportunity  for  further  investigation   or
28        discovery as defined herein.
29        (j)  If,  after  notice  and  a reasonable opportunity to
30    respond, the Commission determines that  subsection  (i)  has
31    been   violated,  the  Commission  shall  impose  appropriate
32    sanctions upon  the  party  or  parties  that  have  violated
33    subsection  (i)  or  are  responsible for the violation.  The
34    sanctions shall be not more than $7,500, plus the  amount  of
                            -16-              SRS92SB0008SBap
 1    expenses   accrued  by  the  Commission  for  conducting  the
 2    hearing.  Payment of sanctions imposed under this  subsection
 3    shall  be  made  to  the Common School Fund within 30 days of
 4    imposition of such sanctions.
 5        (k)  An appeal of a Commission  Order  made  pursuant  to
 6    this  Section shall not effectuate a stay of the Order unless
 7    a court of competent jurisdiction specifically finds that the
 8    party seeking the stay will likely  succeed  on  the  merits,
 9    that the party will suffer irreparable harm without the stay,
10    and that the stay is in the public interest.
11    (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)

12        (220 ILCS 5/13-516)
13        (Section scheduled to be repealed on July 1, 2001)
14        Sec.  13-516.  Penalties  for  violation  of a Commission
15    order relating to prohibited  actions  of  telecommunications
16    carriers.
17        (a)  Notwithstanding  any  other  provision  of this Act,
18    upon  a  finding  of  a  violation  of  Section  13-515,  the
19    Commission  may  impose  penalties  of  up  to  $30,000   per
20    violation  and  upon  a  finding  of  a  violation of Section
21    13-408,  the  Commission  may  impose  penalties  of  up   to
22    $1,000,000 per violation of a final order or emergency relief
23    order  issued  pursuant  to Section 13-515 of this Act.  Each
24    day of a continuing offense shall be treated  as  a  separate
25    violation  for  purposes  of  levying  any penalty under this
26    Section.  The period for which the fine shall be levied shall
27    commence on the day the Commission order requires  compliance
28    with  the  order  and  shall  continue  until the party is in
29    compliance with the Commission order.
30        (b)  The Commission may  waive  penalties  imposed  under
31    subsection  (a)  if  it  makes  a  written  finding as to its
32    reasons for waiving the fine.  Reasons  for  waiving  a  fine
33    shall   include,   but   not  be  limited  to,  technological
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 1    infeasibility and acts of God.
 2        (c)  The Commission shall establish  by  rule  procedures
 3    for the imposition of penalties under subsection (a) that, at
 4    a  minimum,  provide  for notice, hearing and a written order
 5    relating to the imposition of penalties.
 6        (d)  The Commission is authorized to apply to a court  of
 7    competent  jurisdiction  for  an  order  requiring payment of
 8    penalties imposed under subsection (a).
 9        (e)  Payment of penalties imposed  under  subsection  (a)
10    shall  be  made  to  the Common School Fund within 30 days of
11    issuance of the Commission order imposing the penalties.
12    (Source: P.A. 90-185, eff. 7-23-97.)

13        (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803)
14        (Section scheduled to be repealed on July 1, 2001)
15        Sec. 13-803.  Repealer. The provisions  of  this  Article
16    XIII are repealed effective July 1, 2006 2001.
17    (Source: P.A. 90-185, eff. 7-23-97.)

18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.

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