Sen. Bill Cunningham
Filed: 6/27/2017
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1811
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1811, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 3. The Freedom of Information Act is amended by | ||||||
6 | changing Section 7.5 as follows: | ||||||
7 | (5 ILCS 140/7.5) | ||||||
8 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
9 | by the statutes referenced below, the following shall be exempt | ||||||
10 | from inspection and copying: | ||||||
11 | (a) All information determined to be confidential | ||||||
12 | under Section 4002 of the Technology Advancement and | ||||||
13 | Development Act. | ||||||
14 | (b) Library circulation and order records identifying | ||||||
15 | library users with specific materials under the Library | ||||||
16 | Records Confidentiality Act. |
| |||||||
| |||||||
1 | (c) Applications, related documents, and medical | ||||||
2 | records received by the Experimental Organ Transplantation | ||||||
3 | Procedures Board and any and all documents or other records | ||||||
4 | prepared by the Experimental Organ Transplantation | ||||||
5 | Procedures Board or its staff relating to applications it | ||||||
6 | has received. | ||||||
7 | (d) Information and records held by the Department of | ||||||
8 | Public Health and its authorized representatives relating | ||||||
9 | to known or suspected cases of sexually transmissible | ||||||
10 | disease or any information the disclosure of which is | ||||||
11 | restricted under the Illinois Sexually Transmissible | ||||||
12 | Disease Control Act. | ||||||
13 | (e) Information the disclosure of which is exempted | ||||||
14 | under Section 30 of the Radon Industry Licensing Act. | ||||||
15 | (f) Firm performance evaluations under Section 55 of | ||||||
16 | the Architectural, Engineering, and Land Surveying | ||||||
17 | Qualifications Based Selection Act. | ||||||
18 | (g) Information the disclosure of which is restricted | ||||||
19 | and exempted under Section 50 of the Illinois Prepaid | ||||||
20 | Tuition Act. | ||||||
21 | (h) Information the disclosure of which is exempted | ||||||
22 | under the State Officials and Employees Ethics Act, and | ||||||
23 | records of any lawfully created State or local inspector | ||||||
24 | general's office that would be exempt if created or | ||||||
25 | obtained by an Executive Inspector General's office under | ||||||
26 | that Act. |
| |||||||
| |||||||
1 | (i) Information contained in a local emergency energy | ||||||
2 | plan submitted to a municipality in accordance with a local | ||||||
3 | emergency energy plan ordinance that is adopted under | ||||||
4 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
5 | (j) Information and data concerning the distribution | ||||||
6 | of surcharge moneys collected and remitted by wireless | ||||||
7 | carriers under the Wireless Emergency Telephone System | ||||||
8 | Safety Act. | ||||||
9 | (k) Law enforcement officer identification information | ||||||
10 | or driver identification information compiled by a law | ||||||
11 | enforcement agency or the Department of Transportation | ||||||
12 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
13 | (l) Records and information provided to a residential | ||||||
14 | health care facility resident sexual assault and death | ||||||
15 | review team or the Executive Council under the Abuse | ||||||
16 | Prevention Review Team Act. | ||||||
17 | (m) Information provided to the predatory lending | ||||||
18 | database created pursuant to Article 3 of the Residential | ||||||
19 | Real Property Disclosure Act, except to the extent | ||||||
20 | authorized under that Article. | ||||||
21 | (n) Defense budgets and petitions for certification of | ||||||
22 | compensation and expenses for court appointed trial | ||||||
23 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
24 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
25 | until the conclusion of the trial of the case, even if the | ||||||
26 | prosecution chooses not to pursue the death penalty prior |
| |||||||
| |||||||
1 | to trial or sentencing. | ||||||
2 | (o) Information that is prohibited from being | ||||||
3 | disclosed under Section 4 of the Illinois Health and | ||||||
4 | Hazardous Substances Registry Act. | ||||||
5 | (p) Security portions of system safety program plans, | ||||||
6 | investigation reports, surveys, schedules, lists, data, or | ||||||
7 | information compiled, collected, or prepared by or for the | ||||||
8 | Regional Transportation Authority under Section 2.11 of | ||||||
9 | the Regional Transportation Authority Act or the St. Clair | ||||||
10 | County Transit District under the Bi-State Transit Safety | ||||||
11 | Act. | ||||||
12 | (q) Information prohibited from being disclosed by the | ||||||
13 | Personnel Records Review Act. | ||||||
14 | (r) Information prohibited from being disclosed by the | ||||||
15 | Illinois School Student Records Act. | ||||||
16 | (s) Information the disclosure of which is restricted | ||||||
17 | under Section 5-108 of the Public Utilities Act.
| ||||||
18 | (t) All identified or deidentified health information | ||||||
19 | in the form of health data or medical records contained in, | ||||||
20 | stored in, submitted to, transferred by, or released from | ||||||
21 | the Illinois Health Information Exchange, and identified | ||||||
22 | or deidentified health information in the form of health | ||||||
23 | data and medical records of the Illinois Health Information | ||||||
24 | Exchange in the possession of the Illinois Health | ||||||
25 | Information Exchange Authority due to its administration | ||||||
26 | of the Illinois Health Information Exchange. The terms |
| |||||||
| |||||||
1 | "identified" and "deidentified" shall be given the same | ||||||
2 | meaning as in the Health Insurance Portability and | ||||||
3 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
4 | subsequent amendments thereto, and any regulations | ||||||
5 | promulgated thereunder. | ||||||
6 | (u) Records and information provided to an independent | ||||||
7 | team of experts under Brian's Law. | ||||||
8 | (v) Names and information of people who have applied | ||||||
9 | for or received Firearm Owner's Identification Cards under | ||||||
10 | the Firearm Owners Identification Card Act or applied for | ||||||
11 | or received a concealed carry license under the Firearm | ||||||
12 | Concealed Carry Act, unless otherwise authorized by the | ||||||
13 | Firearm Concealed Carry Act; and databases under the | ||||||
14 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
15 | Licensing Review Board under the Firearm Concealed Carry | ||||||
16 | Act, and law enforcement agency objections under the | ||||||
17 | Firearm Concealed Carry Act. | ||||||
18 | (w) Personally identifiable information which is | ||||||
19 | exempted from disclosure under subsection (g) of Section | ||||||
20 | 19.1 of the Toll Highway Act. | ||||||
21 | (x) Information which is exempted from disclosure | ||||||
22 | under Section 5-1014.3 of the Counties Code or Section | ||||||
23 | 8-11-21 of the Illinois Municipal Code. | ||||||
24 | (y) Confidential information under the Adult | ||||||
25 | Protective Services Act and its predecessor enabling | ||||||
26 | statute, the Elder Abuse and Neglect Act, including |
| |||||||
| |||||||
1 | information about the identity and administrative finding | ||||||
2 | against any caregiver of a verified and substantiated | ||||||
3 | decision of abuse, neglect, or financial exploitation of an | ||||||
4 | eligible adult maintained in the Registry established | ||||||
5 | under Section 7.5 of the Adult Protective Services Act. | ||||||
6 | (z) Records and information provided to a fatality | ||||||
7 | review team or the Illinois Fatality Review Team Advisory | ||||||
8 | Council under Section 15 of the Adult Protective Services | ||||||
9 | Act. | ||||||
10 | (aa) Information which is exempted from disclosure | ||||||
11 | under Section 2.37 of the Wildlife Code. | ||||||
12 | (bb) Information which is or was prohibited from | ||||||
13 | disclosure by the Juvenile Court Act of 1987. | ||||||
14 | (cc) Recordings made under the Law Enforcement | ||||||
15 | Officer-Worn Body Camera Act, except to the extent | ||||||
16 | authorized under that Act. | ||||||
17 | (dd) Information that is prohibited from being | ||||||
18 | disclosed under Section 45 of the Condominium and Common | ||||||
19 | Interest Community Ombudsperson Act. | ||||||
20 | (ee) (dd) Information that is exempted from disclosure | ||||||
21 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
22 | (Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||||||
23 | eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||||||
24 | 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||||||
25 | 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||||||
26 | 8-19-16; revised 9-1-16.) |
| |||||||
| |||||||
1 | Section 5. The Department of State Police Law of the
Civil | ||||||
2 | Administrative Code of Illinois is amended by changing Sections | ||||||
3 | 2605-52 and 2605-475 as follows: | ||||||
4 | (20 ILCS 2605/2605-52) | ||||||
5 | Sec. 2605-52. Office of the Statewide 9-1-1 Administrator. | ||||||
6 | (a) There shall be established an Office of the Statewide | ||||||
7 | 9-1-1 Administrator within the Department. Beginning January | ||||||
8 | 1, 2016, the Office of the Statewide 9-1-1 Administrator shall | ||||||
9 | be responsible for developing, implementing, and overseeing a | ||||||
10 | uniform statewide 9-1-1 system for all areas of the State | ||||||
11 | outside of municipalities having a population over 500,000. | ||||||
12 | (b) The Governor shall appoint, with the advice and consent | ||||||
13 | of the Senate, a Statewide 9-1-1 Administrator. The | ||||||
14 | Administrator shall serve for a term of 2 years, and until a | ||||||
15 | successor is appointed and qualified; except that the term of | ||||||
16 | the first 9-1-1 Administrator appointed under this Act shall | ||||||
17 | expire on the third Monday in January, 2017. The Administrator | ||||||
18 | shall not hold any other remunerative public office. The | ||||||
19 | Administrator shall receive an annual salary as set by the | ||||||
20 | Governor.
| ||||||
21 | (c) The Department, from appropriations made to it for that | ||||||
22 | purpose, shall make grants to 9-1-1 Authorities for the purpose | ||||||
23 | of defraying costs associated with 9-1-1 system consolidations | ||||||
24 | awarded by the Administrator under Section 15.4b of the |
| |||||||
| |||||||
1 | Emergency Telephone System Act. | ||||||
2 | (Source: P.A. 99-6, eff. 6-29-15.)
| ||||||
3 | (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
| ||||||
4 | Sec. 2605-475. Wireless Emergency Telephone System Safety | ||||||
5 | Act. The Department and Statewide 9-1-1 Administrator shall To | ||||||
6 | exercise the powers and perform the duties specifically | ||||||
7 | assigned to each
the Department under the Wireless Emergency | ||||||
8 | Telephone System Safety Act with respect
to the development and | ||||||
9 | improvement of emergency communications procedures and
| ||||||
10 | facilities in such a manner as to facilitate a quick response | ||||||
11 | to any person
calling the number "9-1-1" seeking police, fire, | ||||||
12 | medical, or other emergency
services through a wireless carrier | ||||||
13 | as defined in Section 10 of the Wireless
Emergency Telephone | ||||||
14 | Safety Act . Nothing in the Wireless Emergency Telephone System
| ||||||
15 | Safety Act shall require the Department of Illinois State | ||||||
16 | Police to provide
wireless enhanced 9-1-1 services.
| ||||||
17 | (Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
| ||||||
18 | Section 10. The State Finance Act is amended by changing | ||||||
19 | Section 8.37 as follows:
| ||||||
20 | (30 ILCS 105/8.37)
| ||||||
21 | Sec. 8.37. State Police Wireless Service Emergency Fund.
| ||||||
22 | (a) The State Police Wireless Service Emergency Fund is | ||||||
23 | created as
a special fund in the State Treasury.
|
| |||||||
| |||||||
1 | (b) Grants or surcharge funds allocated to the Department | ||||||
2 | of State Police from the Statewide 9-1-1 Wireless Service
| ||||||
3 | Emergency Fund shall be deposited into the State Police | ||||||
4 | Wireless Service
Emergency Fund and shall be used in accordance | ||||||
5 | with Section 30 20 of the Wireless
Emergency Telephone System | ||||||
6 | Safety Act.
| ||||||
7 | (c) On July 1, 1999, the State Comptroller and State | ||||||
8 | Treasurer shall
transfer $1,300,000 from the General Revenue | ||||||
9 | Fund to the State Police Wireless
Service Emergency Fund. On | ||||||
10 | June 30, 2003 the State Comptroller and State
Treasurer shall | ||||||
11 | transfer $1,300,000 from the State Police Wireless Service
| ||||||
12 | Emergency Fund to the General Revenue Fund.
| ||||||
13 | (Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
| ||||||
14 | Section 15. The Emergency Telephone System Act is reenacted | ||||||
15 | and is amended by changing Sections 2, 8, 10, 10.3, 12, 14, | ||||||
16 | 15.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6a, 19, 20, 30, 35, 40, 55, | ||||||
17 | and 99 and by adding Sections 17.5 and 80 as follows:
| ||||||
18 | (50 ILCS 750/Act title)
| ||||||
19 | An Act in relation to the designation of an emergency
| ||||||
20 | telephone number for use throughout the State.
| ||||||
21 | (50 ILCS 750/0.01) (from Ch. 134, par. 30.01)
| ||||||
22 | Sec. 0.01.
This Act shall be known and may be cited as the | ||||||
23 | "Emergency
Telephone System Act".
|
| |||||||
| |||||||
1 | (Source: P.A. 85-978 .)
| ||||||
2 | (50 ILCS 750/1) (from Ch. 134, par. 31)
| ||||||
3 | Sec. 1.
The General Assembly finds and declares that it is | ||||||
4 | in the public
interest to shorten the time required for a | ||||||
5 | citizen to request and receive
emergency aid. There currently | ||||||
6 | exist thousands of different emergency
phone numbers | ||||||
7 | throughout the state, and present telephone exchange
| ||||||
8 | boundaries and central office service areas do not necessarily | ||||||
9 | correspond
to public safety and political boundaries. | ||||||
10 | Provision
of a single, primary three-digit emergency number | ||||||
11 | through which emergency
services can be quickly and efficiently | ||||||
12 | obtained would provide a significant
contribution to law | ||||||
13 | enforcement and other public service efforts by making
it less | ||||||
14 | difficult to quickly notify public safety personnel. Such a
| ||||||
15 | simplified means of procuring emergency services will result in | ||||||
16 | the saving
of life, a reduction in the destruction of property, | ||||||
17 | quicker apprehension
of criminals, and ultimately the saving of | ||||||
18 | money. The General Assembly
further finds and declares that the | ||||||
19 | establishment
of a uniform, statewide emergency number is a | ||||||
20 | matter of statewide
concern and interest to all inhabitants and | ||||||
21 | citizens of this State. It is the
purpose of this Act to | ||||||
22 | establish the number "9-1-1" as the primary emergency
telephone | ||||||
23 | number for use in this State and to encourage units of local
| ||||||
24 | government and combinations of such units to develop and | ||||||
25 | improve emergency
communication procedures and facilities in |
| |||||||
| |||||||
1 | such a manner as to be able to quickly respond
to any person | ||||||
2 | calling the telephone number "9-1-1" seeking
police, fire, | ||||||
3 | medical, rescue, and other emergency services.
| ||||||
4 | (Source: P.A. 85-978 .)
| ||||||
5 | (50 ILCS 750/2) (from Ch. 134, par. 32)
| ||||||
6 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
7 | context otherwise requires: | ||||||
8 | "9-1-1 network" means the network used for the delivery of | ||||||
9 | 9-1-1 calls and messages over dedicated and redundant | ||||||
10 | facilities to a primary or backup 9-1-1 PSAP that meets P.01 | ||||||
11 | grade of service standards for basic 9-1-1 and enhanced 9-1-1 | ||||||
12 | services or meets national I3 industry call delivery standards | ||||||
13 | for Next Generation 9-1-1 services. | ||||||
14 | "9-1-1 system" means the geographic area that has been | ||||||
15 | granted an order of authority by the Commission or the | ||||||
16 | Statewide 9-1-1 Administrator to use "9-1-1" as the primary | ||||||
17 | emergency telephone number. | ||||||
18 | "9-1-1 Authority" includes an Emergency Telephone System | ||||||
19 | Board, Joint Emergency Telephone System Board, and a qualified | ||||||
20 | governmental entity. "9-1-1 Authority" includes the Department | ||||||
21 | of State Police only to the extent it provides 9-1-1 services | ||||||
22 | under this Act. | ||||||
23 | "Administrator" means the Statewide 9-1-1 Administrator. | ||||||
24 | "Advanced service" means any telecommunications service | ||||||
25 | with or without dynamic bandwidth allocation, including, but |
| |||||||
| |||||||
1 | not limited to, ISDN Primary Rate Interface (PRI), that, | ||||||
2 | through the use of a DS-1, T-1, or other similar un-channelized | ||||||
3 | or multi-channel transmission facility, is capable of | ||||||
4 | transporting either the subscriber's inter-premises voice | ||||||
5 | telecommunications services to the public switched network or | ||||||
6 | the subscriber's 9-1-1 calls to the public agency. | ||||||
7 | "ALI" or "automatic location identification" means, in an | ||||||
8 | E9-1-1 system, the automatic display at the public safety | ||||||
9 | answering point of the caller's telephone number, the address | ||||||
10 | or location of the telephone, and supplementary emergency | ||||||
11 | services information. | ||||||
12 | "ANI" or "automatic number identification" means the | ||||||
13 | automatic display of the 9-1-1 calling party's number on the | ||||||
14 | PSAP monitor. | ||||||
15 | "Automatic alarm" and "automatic alerting device" mean any | ||||||
16 | device that will access the 9-1-1 system for emergency services | ||||||
17 | upon activation. | ||||||
18 | "Backup PSAP" means a public safety answering point that | ||||||
19 | serves as an alternate to the PSAP for enhanced systems and is | ||||||
20 | at a different location and operates independently from the | ||||||
21 | PSAP. A backup PSAP may accept overflow calls from the PSAP or | ||||||
22 | be activated if the primary PSAP is disabled. | ||||||
23 | "Board" means an Emergency Telephone System Board or a | ||||||
24 | Joint Emergency Telephone System Board created pursuant to | ||||||
25 | Section 15.4. | ||||||
26 | "Carrier" includes a telecommunications carrier and a |
| |||||||
| |||||||
1 | wireless carrier. | ||||||
2 | "Commission" means the Illinois Commerce Commission. | ||||||
3 | "Computer aided dispatch" or "CAD" means a computer-based | ||||||
4 | system that aids PSAP telecommunicators by automating selected | ||||||
5 | dispatching and recordkeeping activities database maintained | ||||||
6 | by the public safety agency or public safety answering point | ||||||
7 | used in conjunction with 9-1-1 caller data . | ||||||
8 | "Direct dispatch method" means a 9-1-1 service that | ||||||
9 | provides for the direct dispatch by a PSAP telecommunicator of | ||||||
10 | the appropriate unit upon receipt of an emergency call and the | ||||||
11 | decision as to the proper action to be taken. | ||||||
12 | "Department" means the Department of State Police. | ||||||
13 | "DS-1, T-1, or similar un-channelized or multi-channel | ||||||
14 | transmission facility" means a facility that can transmit and | ||||||
15 | receive a bit rate of at least 1.544 megabits per second | ||||||
16 | (Mbps). | ||||||
17 | "Dynamic bandwidth allocation" means the ability of the | ||||||
18 | facility or customer to drop and add channels, or adjust | ||||||
19 | bandwidth, when needed in real time for voice or data purposes. | ||||||
20 | "Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone | ||||||
21 | system that includes dedicated network switching , database and | ||||||
22 | PSAP premise elements capable of providing automatic location | ||||||
23 | identification data, selective routing, database, ALI, ANI, | ||||||
24 | selective transfer, fixed transfer, and a call back number , | ||||||
25 | including any enhanced 9-1-1 service so designated by the | ||||||
26 | Federal Communications Commission in its report and order in WC |
| |||||||
| |||||||
1 | Dockets Nos. 04-36 and 05-196, or any successor proceeding . | ||||||
2 | "ETSB" means an emergency telephone system board appointed | ||||||
3 | by the corporate authorities of any county or municipality that | ||||||
4 | provides for the management and operation of a 9-1-1 system. | ||||||
5 | "Hearing-impaired individual" means a person with a | ||||||
6 | permanent hearing loss who can regularly and routinely | ||||||
7 | communicate by telephone only through the aid of devices which | ||||||
8 | can send and receive written messages over the telephone | ||||||
9 | network. | ||||||
10 | "Hosted supplemental 9-1-1 service" means a database | ||||||
11 | service that: | ||||||
12 | (1) electronically provides information to 9-1-1 call | ||||||
13 | takers when a call is placed to 9-1-1; | ||||||
14 | (2) allows telephone subscribers to provide | ||||||
15 | information to 9-1-1 to be used in emergency scenarios; | ||||||
16 | (3) collects a variety of formatted data relevant to | ||||||
17 | 9-1-1 and first responder needs, which may include, but is | ||||||
18 | not limited to, photographs of the telephone subscribers, | ||||||
19 | physical descriptions, medical information, household | ||||||
20 | data, and emergency contacts; | ||||||
21 | (4) allows for information to be entered by telephone | ||||||
22 | subscribers through a secure website where they can elect | ||||||
23 | to provide as little or as much information as they choose; | ||||||
24 | (5) automatically displays data provided by telephone | ||||||
25 | subscribers to 9-1-1 call takers for all types of | ||||||
26 | telephones when a call is placed to 9-1-1 from a registered |
| |||||||
| |||||||
1 | and confirmed phone number; | ||||||
2 | (6) supports the delivery of telephone subscriber | ||||||
3 | information through a secure internet connection to all | ||||||
4 | emergency telephone system boards; | ||||||
5 | (7) works across all 9-1-1 call taking equipment and | ||||||
6 | allows for the easy transfer of information into a computer | ||||||
7 | aided dispatch system; and | ||||||
8 | (8) may be used to collect information pursuant to an | ||||||
9 | Illinois Premise Alert Program as defined in the Illinois | ||||||
10 | Premise Alert Program (PAP) Act. | ||||||
11 | "Interconnected voice over Internet protocol provider" or | ||||||
12 | "Interconnected VoIP provider" has the meaning given to that | ||||||
13 | term under Section 13-235 of the Public Utilities Act. | ||||||
14 | "Joint ETSB" means a Joint Emergency Telephone System Board | ||||||
15 | established by intergovernmental agreement of two or more | ||||||
16 | municipalities or counties, or a combination thereof, to | ||||||
17 | provide for the management and operation of a 9-1-1 system. | ||||||
18 | "Local public agency" means any unit of local government or | ||||||
19 | special purpose district located in whole or in part within | ||||||
20 | this State that provides or has authority to provide | ||||||
21 | firefighting, police, ambulance, medical, or other emergency | ||||||
22 | services. | ||||||
23 | "Mechanical dialer" means any device that either manually | ||||||
24 | or remotely triggers a dialing device to access the 9-1-1 | ||||||
25 | system. | ||||||
26 | "Master Street Address Guide" or "MSAG" is a database of |
| |||||||
| |||||||
1 | street names and house ranges within their associated | ||||||
2 | communities defining emergency service zones (ESZs) and their | ||||||
3 | associated emergency service numbers (ESNs) to enable proper | ||||||
4 | routing of 9-1-1 calls means the computerized geographical | ||||||
5 | database that consists of all street and address data within a | ||||||
6 | 9-1-1 system . | ||||||
7 | "Mobile telephone number" or "MTN" means the telephone | ||||||
8 | number assigned to a wireless telephone at the time of initial | ||||||
9 | activation. | ||||||
10 | "Network connections" means the number of voice grade | ||||||
11 | communications channels directly between a subscriber and a | ||||||
12 | telecommunications carrier's public switched network, without | ||||||
13 | the intervention of any other telecommunications carrier's | ||||||
14 | switched network, which would be required to carry the | ||||||
15 | subscriber's inter-premises traffic and which connection | ||||||
16 | either (1) is capable of providing access through the public | ||||||
17 | switched network to a 9-1-1 Emergency Telephone System, if one | ||||||
18 | exists, or (2) if no system exists at the time a surcharge is | ||||||
19 | imposed under Section 15.3, that would be capable of providing | ||||||
20 | access through the public switched network to the local 9-1-1 | ||||||
21 | Emergency Telephone System if one existed. Where multiple voice | ||||||
22 | grade communications channels are connected to a | ||||||
23 | telecommunications carrier's public switched network through a | ||||||
24 | private branch exchange (PBX) service, there shall be | ||||||
25 | determined to be one network connection for each trunk line | ||||||
26 | capable of transporting either the subscriber's inter-premises |
| |||||||
| |||||||
1 | traffic to the public switched network or the subscriber's | ||||||
2 | 9-1-1 calls to the public agency. Where multiple voice grade | ||||||
3 | communications channels are connected to a telecommunications | ||||||
4 | carrier's public switched network through centrex type | ||||||
5 | service, the number of network connections shall be equal to | ||||||
6 | the number of PBX trunk equivalents for the subscriber's | ||||||
7 | service or other multiple voice grade communication channels | ||||||
8 | facility , as determined by reference to any generally | ||||||
9 | applicable exchange access service tariff filed by the | ||||||
10 | subscriber's telecommunications carrier with the Commission. | ||||||
11 | "Network costs" means those recurring costs that directly | ||||||
12 | relate to the operation of the 9-1-1 network as determined by | ||||||
13 | the Statewide 9-1-1 Administrator with the advice of the | ||||||
14 | Statewide 9-1-1 Advisory Board, which may include including , | ||||||
15 | but need not be limited to, some or all of the following: costs | ||||||
16 | for interoffice trunks, selective routing charges, transfer | ||||||
17 | lines and toll charges for 9-1-1 services, Automatic Location | ||||||
18 | Information (ALI) database charges, call box trunk circuit | ||||||
19 | (including central office only and not including extensions to | ||||||
20 | fire stations), independent local exchange carrier charges and | ||||||
21 | non-system provider charges, carrier charges for third party | ||||||
22 | database for on-site customer premises equipment, back-up PSAP | ||||||
23 | trunks for non-system providers, periodic database updates as | ||||||
24 | provided by carrier (also known as "ALI data dump"), regional | ||||||
25 | ALI storage charges, circuits for call delivery (fiber or | ||||||
26 | circuit connection), NG9-1-1 costs, and all associated fees, |
| |||||||
| |||||||
1 | taxes, and surcharges on each invoice. "Network costs" shall | ||||||
2 | not include radio circuits or toll charges that are other than | ||||||
3 | for 9-1-1 services. | ||||||
4 | "Next generation 9-1-1" or "NG9-1-1" means an Internet | ||||||
5 | Protocol-based (IP-based) system comprised of managed ESInets, | ||||||
6 | functional elements and applications, and databases that | ||||||
7 | replicate traditional E9-1-1 features and functions and | ||||||
8 | provide additional capabilities. "NG9-1-1" systems are | ||||||
9 | designed to provide access to emergency services from all | ||||||
10 | connected communications sources, and provide multimedia data | ||||||
11 | capabilities for PSAPs and other emergency services | ||||||
12 | organizations. | ||||||
13 | "NG9-1-1 costs" means those recurring costs that directly | ||||||
14 | relate to the Next Generation 9-1-1 service as determined by | ||||||
15 | the Statewide 9-1-1 Advisory Board, including, but not limited | ||||||
16 | to, costs for Emergency System Routing Proxy (ESRP), Emergency | ||||||
17 | Call Routing Function/Location Validation Function (ECRF/LVF), | ||||||
18 | Spatial Information Function (SIF), the Border Control | ||||||
19 | Function (BCF), and the Emergency Services Internet Protocol | ||||||
20 | networks (ESInets), legacy network gateways, and all | ||||||
21 | associated fees, taxes, and surcharges on each invoice. | ||||||
22 | "Private branch exchange" or "PBX" means a private | ||||||
23 | telephone system and associated equipment located on the user's | ||||||
24 | property that provides communications between internal | ||||||
25 | stations and external networks. | ||||||
26 | "Private business switch service" means a |
| |||||||
| |||||||
1 | telecommunications service including centrex type service and | ||||||
2 | PBX service, even though key telephone systems or equivalent | ||||||
3 | telephone systems registered with the Federal Communications | ||||||
4 | Commission under 47 C.F.R. Part 68 are directly connected to | ||||||
5 | centrex type and PBX systems providing 9-1-1 services equipped | ||||||
6 | for switched local network connections or 9-1-1 system access | ||||||
7 | to business end users through a private telephone switch. | ||||||
8 | "Private business switch service" means network and | ||||||
9 | premises based systems including a VoIP, Centrex type service, | ||||||
10 | or PBX service, even though does not include key telephone | ||||||
11 | systems or equivalent telephone systems registered with the | ||||||
12 | Federal Communications Commission under 47 C.F.R. Part 68 are | ||||||
13 | directly connected to Centrex when not used in conjunction with | ||||||
14 | centrex type and PBX systems. "Private business switch service" | ||||||
15 | does not include key telephone systems or equivalent telephone | ||||||
16 | systems registered with the Federal Communications Commission | ||||||
17 | under 47 C.F.R. Part 68 when not used in conjunction with a | ||||||
18 | VoIP, Centrex type, or PBX systems. "Private business switch | ||||||
19 | service" typically includes, but is not limited to, private | ||||||
20 | businesses, corporations, and industries where the | ||||||
21 | telecommunications service is primarily for conducting | ||||||
22 | business. | ||||||
23 | "Private residential switch service" means network and | ||||||
24 | premise based systems a telecommunications service including a | ||||||
25 | VoIP, Centrex centrex type service , or and PBX service or , even | ||||||
26 | though key telephone systems or equivalent telephone systems |
| |||||||
| |||||||
1 | registered with the Federal Communications Commission under 47 | ||||||
2 | C.F.R. Part 68 that are directly connected to a VoIP, Centrex | ||||||
3 | centrex type service, or and PBX systems providing 9-1-1 | ||||||
4 | services equipped for switched local network connections or | ||||||
5 | 9-1-1 system access to residential end users through a private | ||||||
6 | telephone switch. "Private residential switch service" does | ||||||
7 | not include key telephone systems or equivalent telephone | ||||||
8 | systems registered with the Federal Communications Commission | ||||||
9 | under 47 C.F.R. Part 68 when not used in conjunction with a | ||||||
10 | VoIP, Centrex centrex type , or and PBX systems. "Private | ||||||
11 | residential switch service" typically includes, but is not | ||||||
12 | limited to, apartment complexes, condominiums, and campus or | ||||||
13 | university environments where shared tenant service is | ||||||
14 | provided and where the usage of the telecommunications service | ||||||
15 | is primarily residential. | ||||||
16 | "Public agency" means the State, and any unit of local | ||||||
17 | government or special purpose district located in whole or in | ||||||
18 | part within this State, that provides or has authority to | ||||||
19 | provide firefighting, police, ambulance, medical, or other | ||||||
20 | emergency services. | ||||||
21 | "Public safety agency" means a functional division of a | ||||||
22 | public agency that provides firefighting, police, medical, or | ||||||
23 | other emergency services to respond to and manage emergency | ||||||
24 | incidents . For the purpose of providing wireless service to | ||||||
25 | users of 9-1-1 emergency services, as expressly provided for in | ||||||
26 | this Act, the Department of State Police may be considered a |
| |||||||
| |||||||
1 | public safety agency. | ||||||
2 | "Public safety answering point" or "PSAP" is a set of | ||||||
3 | call-takers authorized by a governing body and operating under | ||||||
4 | common management that receive 9-1-1 calls and asynchronous | ||||||
5 | event notifications for a defined geographic area and processes | ||||||
6 | those calls and events according to a specified operational | ||||||
7 | policy means the initial answering location of an emergency | ||||||
8 | call . | ||||||
9 | "Qualified governmental entity" means a unit of local | ||||||
10 | government authorized to provide 9-1-1 services pursuant to | ||||||
11 | this Act where no emergency telephone system board exists. | ||||||
12 | "Referral method" means a 9-1-1 service in which the PSAP | ||||||
13 | telecommunicator provides the calling party with the telephone | ||||||
14 | number of the appropriate public safety agency or other | ||||||
15 | provider of emergency services. | ||||||
16 | "Regular service" means any telecommunications service, | ||||||
17 | other than advanced service, that is capable of transporting | ||||||
18 | either the subscriber's inter-premises voice | ||||||
19 | telecommunications services to the public switched network or | ||||||
20 | the subscriber's 9-1-1 calls to the public agency. | ||||||
21 | "Relay method" means a 9-1-1 service in which the PSAP | ||||||
22 | telecommunicator takes the pertinent information from a caller | ||||||
23 | and relays that information to the appropriate public safety | ||||||
24 | agency or other provider of emergency services. | ||||||
25 | "Remit period" means the billing period, one month in | ||||||
26 | duration, for which a wireless carrier remits a surcharge and |
| |||||||
| |||||||
1 | provides subscriber information by zip code to the Department, | ||||||
2 | in accordance with Section 20 of this Act. | ||||||
3 | "Secondary Answering Point" or "SAP" means a location, | ||||||
4 | other than a PSAP, that is able to receive the voice, data, and | ||||||
5 | call back number of E9-1-1 or NG9-1-1 emergency calls | ||||||
6 | transferred from a PSAP and completes the call taking process | ||||||
7 | by dispatching police, medical, fire, or other emergency | ||||||
8 | responders. | ||||||
9 | "Statewide wireless emergency 9-1-1 system" means all | ||||||
10 | areas of the State where an emergency telephone system board | ||||||
11 | or, in the absence of an emergency telephone system board, a | ||||||
12 | qualified governmental entity, has not declared its intention | ||||||
13 | for one or more of its public safety answering points to serve | ||||||
14 | as a primary wireless 9-1-1 public safety answering point for | ||||||
15 | its jurisdiction. The operator of the statewide wireless | ||||||
16 | emergency 9-1-1 system shall be the Department of State Police. | ||||||
17 | "System" means the communications equipment and related | ||||||
18 | software applications required to produce a response by the | ||||||
19 | appropriate emergency public safety agency or other provider of | ||||||
20 | emergency services as a result of an emergency call being | ||||||
21 | placed to 9-1-1. | ||||||
22 | "System provider" means the contracted entity providing | ||||||
23 | 9-1-1 network and database services. | ||||||
24 | "Telecommunications carrier" means those entities included | ||||||
25 | within the definition specified in Section 13-202 of the Public | ||||||
26 | Utilities Act, and includes those carriers acting as resellers |
| |||||||
| |||||||
1 | of telecommunications services. "Telecommunications carrier" | ||||||
2 | includes telephone systems operating as mutual concerns. | ||||||
3 | "Telecommunications carrier" does not include a wireless | ||||||
4 | carrier. | ||||||
5 | "Telecommunications technology" means equipment that can | ||||||
6 | send and receive written messages over the telephone network. | ||||||
7 | "Transfer method" means a 9-1-1 service in which the PSAP | ||||||
8 | telecommunicator receiving a call transfers that call to the | ||||||
9 | appropriate public safety agency or other provider of emergency | ||||||
10 | services. | ||||||
11 | "Transmitting messages" shall have the meaning given to | ||||||
12 | that term under Section 8-11-2 of the Illinois Municipal Code. | ||||||
13 | "Trunk line" means a transmission path, or group of | ||||||
14 | transmission paths, connecting a subscriber's PBX to a | ||||||
15 | telecommunications carrier's public switched network. In the | ||||||
16 | case of regular service, each voice grade communications | ||||||
17 | channel or equivalent amount of bandwidth capable of | ||||||
18 | transporting either the subscriber's inter-premises voice | ||||||
19 | telecommunications services to the public switched network or | ||||||
20 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
21 | considered a trunk line, even if it is bundled with other | ||||||
22 | channels or additional bandwidth. In the case of advanced | ||||||
23 | service, each DS-1, T-1, or other similar un-channelized or | ||||||
24 | multi-channel transmission facility that is capable of | ||||||
25 | transporting either the subscriber's inter-premises voice | ||||||
26 | telecommunications services to the public switched network or |
| |||||||
| |||||||
1 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
2 | considered a single trunk line, even if it contains multiple | ||||||
3 | voice grade communications channels or otherwise supports 2 or | ||||||
4 | more voice grade calls at a time; provided, however, that each | ||||||
5 | additional increment of up to 24 voice grade channels 1.544 | ||||||
6 | Mbps of transmission capacity that is capable of transporting | ||||||
7 | either the subscriber's inter-premises voice | ||||||
8 | telecommunications services to the public switched network or | ||||||
9 | the subscriber's 9-1-1 calls to the public agency shall be | ||||||
10 | considered an additional trunk line. | ||||||
11 | "Unmanned backup PSAP" means a public safety answering | ||||||
12 | point that serves as an alternate to the PSAP at an alternate | ||||||
13 | location and is typically unmanned but can be activated if the | ||||||
14 | primary PSAP is disabled. | ||||||
15 | "Virtual answering point" or "VAP" means a temporary or | ||||||
16 | nonpermanent location that is capable of receiving an emergency | ||||||
17 | call, contains a fully functional worksite that is not bound to | ||||||
18 | a specific location, but rather is portable and scalable, | ||||||
19 | connecting emergency call takers or dispatchers to the work | ||||||
20 | process, and is capable of completing the call dispatching | ||||||
21 | process. | ||||||
22 | "Voice-impaired individual" means a person with a | ||||||
23 | permanent speech disability which precludes oral | ||||||
24 | communication, who can regularly and routinely communicate by | ||||||
25 | telephone only through the aid of devices which can send and | ||||||
26 | receive written messages over the telephone network. |
| |||||||
| |||||||
1 | "Wireless carrier" means a provider of two-way cellular, | ||||||
2 | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | ||||||
3 | Mobile Radio Service (CMRS), Wireless Communications Service | ||||||
4 | (WCS), or other Commercial Mobile Radio Service (CMRS), as | ||||||
5 | defined by the Federal Communications Commission, offering | ||||||
6 | radio communications that may provide fixed, mobile, radio | ||||||
7 | location, or satellite communication services to individuals | ||||||
8 | or businesses within its assigned spectrum block and | ||||||
9 | geographical area or that offers real-time, two-way voice | ||||||
10 | service that is interconnected with the public switched | ||||||
11 | network, including a reseller of such service. | ||||||
12 | "Wireless enhanced 9-1-1" means the ability to relay the | ||||||
13 | telephone number of the originator of a 9-1-1 call and location | ||||||
14 | information from any mobile handset or text telephone device | ||||||
15 | accessing the wireless system to the designated wireless public | ||||||
16 | safety answering point as set forth in the order of the Federal | ||||||
17 | Communications Commission, FCC Docket No. 94-102, adopted June | ||||||
18 | 12, 1996, with an effective date of October 1, 1996, and any | ||||||
19 | subsequent amendment thereto. | ||||||
20 | "Wireless public safety answering point" means the | ||||||
21 | functional division of a 9-1-1 authority accepting wireless | ||||||
22 | 9-1-1 calls. | ||||||
23 | "Wireless subscriber" means an individual or entity to whom | ||||||
24 | a wireless service account or number has been assigned by a | ||||||
25 | wireless carrier, other than an account or number associated | ||||||
26 | with prepaid wireless telecommunication service.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
2 | (50 ILCS 750/3) (from Ch. 134, par. 33)
| ||||||
3 | Sec. 3.
(a) By July 1, 2017, every local public agency | ||||||
4 | shall be within the jurisdiction of a 9-1-1 system.
| ||||||
5 | (b) By July 1, 2020, every 9-1-1 system in Illinois shall | ||||||
6 | provide Next Generation 9-1-1 service. | ||||||
7 | (c) Nothing in this Act shall be construed to prohibit or
| ||||||
8 | discourage in any way the formation of multijurisdictional or | ||||||
9 | regional
systems, and any system established pursuant to this | ||||||
10 | Act may include the
territory of more than one public agency or | ||||||
11 | may include a segment of the
territory of a public agency.
| ||||||
12 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
13 | (50 ILCS 750/4) (from Ch. 134, par. 34)
| ||||||
14 | Sec. 4.
Every system shall include police, firefighting, | ||||||
15 | and emergency medical and
ambulance services, and may include | ||||||
16 | other emergency services. The system may incorporate private
| ||||||
17 | ambulance service. In those areas in which a public safety | ||||||
18 | agency of the State
provides such emergency services, the | ||||||
19 | system shall include such public safety agencies.
| ||||||
20 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
21 | (50 ILCS 750/5) (from Ch. 134, par. 35)
| ||||||
22 | Sec. 5.
The digits "9-1-1" shall be the primary emergency | ||||||
23 | telephone
number within the system, but a public agency or |
| |||||||
| |||||||
1 | public safety agency
shall maintain a separate secondary seven | ||||||
2 | digit emergency
backup number for at least six months after the | ||||||
3 | "9-1-1" system is
established and in operation, and shall | ||||||
4 | maintain a separate number for
nonemergency telephone calls.
| ||||||
5 | (Source: P.A. 85-978 .)
| ||||||
6 | (50 ILCS 750/6) (from Ch. 134, par. 36)
| ||||||
7 | Sec. 6. Capabilities of system; pay telephones. All systems | ||||||
8 | shall be
designed to meet the specific
requirements of each | ||||||
9 | community and public agency served by the system.
Every system | ||||||
10 | shall be designed to have
the capability of utilizing the | ||||||
11 | direct dispatch method, relay method, transfer method, or | ||||||
12 | referral method in response to emergency calls. The
General | ||||||
13 | Assembly finds and declares that the most critical aspect of | ||||||
14 | the
design of any system is the procedure established for | ||||||
15 | handling a
telephone request for emergency services.
| ||||||
16 | In addition, to maximize efficiency and utilization of the | ||||||
17 | system,
all pay telephones within each system shall
enable a | ||||||
18 | caller to dial "9-1-1" for emergency services without the
| ||||||
19 | necessity of inserting a coin. This paragraph does not apply to | ||||||
20 | pay
telephones
located in penal
institutions, as defined in | ||||||
21 | Section 2-14 of the Criminal Code of 2012, that
have
been | ||||||
22 | designated for the exclusive use of committed persons.
| ||||||
23 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
24 | (50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
|
| |||||||
| |||||||
1 | Sec. 6.1.
Every 9-1-1 system shall be
readily accessible to | ||||||
2 | hearing-impaired and voice-impaired individuals
through the | ||||||
3 | use of telecommunications technology for hearing-impaired and
| ||||||
4 | speech-impaired individuals.
| ||||||
5 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
6 | (50 ILCS 750/7) (from Ch. 134, par. 37)
| ||||||
7 | Sec. 7.
The General Assembly finds that, because of | ||||||
8 | overlapping
jurisdiction of public agencies, public safety | ||||||
9 | agencies and telephone
service areas, the Administrator, with | ||||||
10 | the advice and recommendation of the Statewide 9-1-1 Advisory | ||||||
11 | Board, shall establish a general overview or plan
to effectuate | ||||||
12 | the purposes of this Act within the time frame provided in
this | ||||||
13 | Act. In order to insure that proper preparation and | ||||||
14 | implementation
of emergency telephone systems are accomplished | ||||||
15 | by all public agencies as required under this Act, the | ||||||
16 | Department, with the
advice and assistance of
the Attorney | ||||||
17 | General, shall secure compliance by public agencies as
provided | ||||||
18 | in this Act.
| ||||||
19 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
20 | (50 ILCS 750/8) (from Ch. 134, par. 38)
| ||||||
21 | Sec. 8.
The Administrator, with the advice and | ||||||
22 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
23 | coordinate the implementation of systems established under | ||||||
24 | this Act. To assist with this coordination, all systems |
| |||||||
| |||||||
1 | authorized to operate under this Act shall register with the | ||||||
2 | Administrator information regarding its composition and | ||||||
3 | organization, including, but not limited to, identification of | ||||||
4 | all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs. | ||||||
5 | The Department may adopt rules for the administration of this | ||||||
6 | Section.
| ||||||
7 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
8 | (50 ILCS 750/10) (from Ch. 134, par. 40) | ||||||
9 | Sec. 10. (a) The Administrator, with the advice and | ||||||
10 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
11 | establish uniform technical and operational standards for all | ||||||
12 | 9-1-1 systems in Illinois. All findings, orders, decisions, | ||||||
13 | rules, and regulations issued or promulgated by the Commission | ||||||
14 | under this Act or any other Act establishing or conferring | ||||||
15 | power on the Commission with respect to emergency | ||||||
16 | telecommunications services, shall continue in force. | ||||||
17 | Notwithstanding the provisions of this Section, where | ||||||
18 | applicable, the Administrator shall, with the advice and | ||||||
19 | recommendation of the Statewide 9-1-1 Advisory Board, amend the | ||||||
20 | Commission's findings, orders, decisions, rules, and | ||||||
21 | regulations to conform to the specific provisions of this Act | ||||||
22 | as soon as practicable after the effective date of this | ||||||
23 | amendatory Act of the 99th General Assembly. | ||||||
24 | (b) The Department may adopt emergency rules necessary to | ||||||
25 | implement the provisions of this amendatory Act of the 99th |
| |||||||
| |||||||
1 | General Assembly under subsection (t) of Section 5-45 of the | ||||||
2 | Illinois Administrative Procedure Act. | ||||||
3 | (c) Nothing in this Act shall deprive the Commission of any | ||||||
4 | authority to regulate the provision by telecommunication | ||||||
5 | carriers or 9-1-1 system service providers of | ||||||
6 | telecommunication or other services under the Public Utilities | ||||||
7 | Act. | ||||||
8 | (d) For rules that implicate both the regulation of 9-1-1 | ||||||
9 | authorities under this Act and the regulation of | ||||||
10 | telecommunication carriers and 9-1-1 system service providers | ||||||
11 | under the Public Utilities Act, the Department and the | ||||||
12 | Commission may adopt joint rules necessary for implementation. | ||||||
13 | (e) Any findings, orders, or decisions of the Administrator | ||||||
14 | under this Section shall be deemed a final administrative | ||||||
15 | decision and shall be subject to judicial review under the | ||||||
16 | Administrative Review Law. | ||||||
17 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
18 | (50 ILCS 750/10.1) (from Ch. 134, par. 40.1)
| ||||||
19 | Sec. 10.1. Confidentiality.
| ||||||
20 | (a) 9-1-1 information consisting of names, addresses and
| ||||||
21 | telephone numbers of telephone customers whose listings are not | ||||||
22 | published
in directories or listed in Directory Assistance | ||||||
23 | Offices is confidential.
Except as provided in subsection (b), | ||||||
24 | information shall be provided on a
call-by-call basis only for | ||||||
25 | the purpose
of responding to emergency calls. For the purposes |
| |||||||
| |||||||
1 | of this subsection (a),
"emergency" means a
situation in which | ||||||
2 | property or human life is in jeopardy and the prompt
| ||||||
3 | notification of the public safety agency is essential.
| ||||||
4 | (b) 9-1-1 information, including information described in | ||||||
5 | subsection (a),
may be used by a public safety agency for the | ||||||
6 | purpose of placing out-going
emergency calls.
| ||||||
7 | (c) Nothing in this Section prohibits a municipality with a | ||||||
8 | population
of
more than 500,000 from using 9-1-1 information, | ||||||
9 | including information described
in subsection (a), for the | ||||||
10 | purpose of responding to calls made to a
non-emergency | ||||||
11 | telephone system that is under the supervision and control of a
| ||||||
12 | public safety agency and that shares all or some facilities | ||||||
13 | with an emergency
telephone system.
| ||||||
14 | (d) Any public safety agency that uses 9-1-1 information | ||||||
15 | for the purposes of
subsection (b) must establish methods and | ||||||
16 | procedures that ensure the
confidentiality of information as | ||||||
17 | required by subsection (a).
| ||||||
18 | (e) Divulging confidential information in violation of | ||||||
19 | this Section is a
Class A misdemeanor.
| ||||||
20 | (Source: P.A. 92-383, eff. 1-1-02 .)
| ||||||
21 | (50 ILCS 750/10.2) (from Ch. 134, par. 40.2)
| ||||||
22 | Sec. 10.2.
The Emergency Telephone System Board and the | ||||||
23 | Chairman of the County Board in any county
implementing a 9-1-1 | ||||||
24 | system shall ensure that all
areas of the county are included | ||||||
25 | in the system.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
2 | (50 ILCS 750/10.3)
| ||||||
3 | Sec. 10.3. Notice of address change. The Emergency | ||||||
4 | Telephone System Board or qualified governmental entity
in
any
| ||||||
5 | county implementing a 9-1-1 system that changes any person's | ||||||
6 | address (when the
person
whose address has changed has not | ||||||
7 | moved to a new residence) shall notify
the person (i) of the | ||||||
8 | person's new address and (ii) that the person should
contact | ||||||
9 | the local
election authority to determine if the person should | ||||||
10 | re-register to vote.
| ||||||
11 | (Source: P.A. 90-664, eff. 7-30-98 .)
| ||||||
12 | (50 ILCS 750/11) (from Ch. 134, par. 41) | ||||||
13 | Sec. 11. All local public agencies operating a 9-1-1 system | ||||||
14 | shall operate under a plan that has been filed with and | ||||||
15 | approved by the Commission prior to January 1, 2016, or the | ||||||
16 | Administrator. Plans filed under this Section shall conform to | ||||||
17 | minimum standards
established pursuant to Section 10. | ||||||
18 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
19 | (50 ILCS 750/12) (from Ch. 134, par. 42)
| ||||||
20 | Sec. 12.
The Attorney General may, on in behalf of the | ||||||
21 | Department or on his
own initiative, commence judicial | ||||||
22 | proceedings to enforce compliance by any
public agency or | ||||||
23 | public utility providing telephone service with this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
2 | (50 ILCS 750/14) (from Ch. 134, par. 44)
| ||||||
3 | Sec. 14.
The General Assembly declares that a major purpose | ||||||
4 | of in enacting this Act is to ensure that 9-1-1 systems have | ||||||
5 | redundant methods of dispatch for: (1) each public safety | ||||||
6 | agency within its jurisdiction, herein known as participating | ||||||
7 | agencies; and (2) 9-1-1 systems whose jurisdictional | ||||||
8 | boundaries are contiguous, herein known as adjacent 9-1-1 | ||||||
9 | systems, when an emergency request for service is received for | ||||||
10 | a public safety agency that needs to be dispatched by the | ||||||
11 | adjacent 9-1-1 system. Another primary purpose of this Section | ||||||
12 | is to
eliminate instances in which a public safety agency | ||||||
13 | responding emergency service refuses , once dispatched, to | ||||||
14 | render aid to the
requester because the requester is outside of | ||||||
15 | the jurisdictional boundaries
of the public safety agency | ||||||
16 | emergency service . Therefore, in implementing a 9-1-1 system | ||||||
17 | systems under this Act, all 9-1-1 authorities
public agencies | ||||||
18 | in a single system shall enter into call handling and aid | ||||||
19 | outside jurisdictional boundaries agreements with each | ||||||
20 | participating agency and adjacent 9-1-1 system a joint
powers | ||||||
21 | agreement or any other form of written cooperative agreement | ||||||
22 | which
is applicable when need
arises on a day-to-day basis. | ||||||
23 | Certified notification of the continuation
of such agreements | ||||||
24 | shall be made among the involved parties on an annual
basis. In | ||||||
25 | addition, such agreements shall be entered
into between public |
| |||||||
| |||||||
1 | agencies and public safety agencies which are
part of different | ||||||
2 | systems but whose jurisdictional boundaries are contiguous . | ||||||
3 | The
agreements shall provide a primary and secondary means of | ||||||
4 | dispatch. It must also provide that, once an emergency unit is | ||||||
5 | dispatched in response
to a request through the system, such | ||||||
6 | unit shall render its services to the requesting
party without | ||||||
7 | regard to whether the unit is operating outside its
normal | ||||||
8 | jurisdictional boundaries. Certified notification of the
| ||||||
9 | continuation of call handling and aid outside jurisdictional | ||||||
10 | boundaries agreements shall be made among the involved parties | ||||||
11 | on an annual basis.
| ||||||
12 | (Source: P.A. 86-101 .)
| ||||||
13 | (50 ILCS 750/15) (from Ch. 134, par. 45)
| ||||||
14 | Sec. 15.
Copies of the annual certified notification of | ||||||
15 | continuing
agreement required by Section 14 shall be filed with
| ||||||
16 | the Attorney General and the Administrator. All such agreements
| ||||||
17 | shall be so filed prior to the 31st day of January. The | ||||||
18 | Attorney General shall commence
judicial proceedings to | ||||||
19 | enforce compliance with this Section and Section 14, where
a | ||||||
20 | public agency or public safety agency has failed to timely | ||||||
21 | enter into
such agreement or file copies thereof.
| ||||||
22 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
23 | (50 ILCS 750/15.1) (from Ch. 134, par. 45.1)
| ||||||
24 | Sec. 15.1. Public body; exemption from civil liability for |
| |||||||
| |||||||
1 | developing or
operating emergency telephone system. | ||||||
2 | (a) In no event shall a
public agency, the Commission, the | ||||||
3 | Statewide 9-1-1 Advisory Board, the Administrator, the | ||||||
4 | Department of State Police, public safety agency, public safety | ||||||
5 | answering point, emergency
telephone system board, or unit of | ||||||
6 | local government assuming the duties of an
emergency telephone | ||||||
7 | system board, or carrier, or its officers, employees, assigns, | ||||||
8 | or agents be liable for any civil damages or criminal liability | ||||||
9 | that directly or indirectly results from, or is caused by, any | ||||||
10 | act or omission in the development, design, installation, | ||||||
11 | operation, maintenance, performance, or provision of 9-1-1 | ||||||
12 | service required by this Act, unless the act or omission | ||||||
13 | constitutes gross negligence, recklessness, or intentional | ||||||
14 | misconduct.
| ||||||
15 | A unit of local government, the Commission, the Statewide | ||||||
16 | 9-1-1 Advisory Board, the Administrator, the Department of | ||||||
17 | State Police, public safety agency, public safety answering | ||||||
18 | point, emergency telephone system board, or carrier, or its | ||||||
19 | officers, employees, assigns, or agents, shall not be liable | ||||||
20 | for any form of civil damages or criminal liability that | ||||||
21 | directly or indirectly results from, or is caused by, the | ||||||
22 | release of subscriber information to any governmental entity as | ||||||
23 | required under the provisions of this Act, unless the release | ||||||
24 | constitutes gross negligence, recklessness, or intentional | ||||||
25 | misconduct. | ||||||
26 | (b) Exemption from civil liability for emergency |
| |||||||
| |||||||
1 | instructions is as provided
in the Good Samaritan Act.
| ||||||
2 | (c) This Section may not be offered as a defense in any | ||||||
3 | judicial
proceeding brought by the Attorney General under | ||||||
4 | Section 12 to compel
compliance with this Act.
| ||||||
5 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
6 | (50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
| ||||||
7 | Sec. 15.2.
Any person calling the number "911" for the | ||||||
8 | purpose of making a
false alarm or complaint and reporting | ||||||
9 | false information is subject to the
provisions of Section 26-1 | ||||||
10 | of the Criminal Code of 2012.
| ||||||
11 | (Source: P.A. 97-1150, eff. 1-25-13 .)
| ||||||
12 | (50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
| ||||||
13 | Sec. 15.2a. The installation of or connection to a | ||||||
14 | telephone
company's network of any automatic alarm, automatic | ||||||
15 | alerting
device, or mechanical dialer that causes the number | ||||||
16 | 9-1-1 to
be dialed in order to directly access emergency | ||||||
17 | services is
prohibited in a 9-1-1 system. | ||||||
18 | This Section does not apply to a person who connects to a | ||||||
19 | 9-1-1 network using automatic crash notification technology | ||||||
20 | subject to an established protocol. | ||||||
21 | This Section does not apply to devices used to enable | ||||||
22 | access to the 9-1-1 system for cognitively-impaired or special | ||||||
23 | needs persons or for persons with disabilities in an emergency | ||||||
24 | situation reported by a caregiver after initiating a missing |
| |||||||
| |||||||
1 | person's report. The device must have the capability to be | ||||||
2 | activated and controlled remotely by trained personnel at a | ||||||
3 | service center to prevent falsely activated or repeated calls | ||||||
4 | to the 9-1-1 system in a single incident. The device must have | ||||||
5 | the technical capability to generate location information to | ||||||
6 | the 9-1-1 system. Under no circumstances shall a device be sold | ||||||
7 | for use in a geographical jurisdiction where the 9-1-1 system | ||||||
8 | has not deployed wireless phase II location technology. The | ||||||
9 | alerting device shall also provide for either 2-way | ||||||
10 | communication or send a pre-recorded message to a 9-1-1 | ||||||
11 | provider explaining the nature of the emergency so that the | ||||||
12 | 9-1-1 provider will be able to dispatch the appropriate | ||||||
13 | emergency responder. | ||||||
14 | Violation of this Section is
a Class A misdemeanor. A | ||||||
15 | second or subsequent violation of this
Section is a Class 4 | ||||||
16 | felony.
| ||||||
17 | (Source: P.A. 99-143, eff. 7-27-15.)
| ||||||
18 | (50 ILCS 750/15.2b)
| ||||||
19 | Sec. 15.2b. Emergency telephone number; advertising. No | ||||||
20 | person or private
entity may advertise or otherwise publicize | ||||||
21 | the availability of services
provided by a specific provider | ||||||
22 | and indicate that a consumer should obtain
access to services | ||||||
23 | provided by a specific provider by use of the emergency
| ||||||
24 | telephone number (9-1-1).
| ||||||
25 | (Source: P.A. 88-497 .)
|
| |||||||
| |||||||
1 | (50 ILCS 750/15.2c) | ||||||
2 | Sec. 15.2c. Call boxes. No carrier shall be required to | ||||||
3 | provide a call box. For purposes of this Section, the term | ||||||
4 | "call box" means a device that is normally mounted to an | ||||||
5 | outside wall of the serving telecommunications carrier central | ||||||
6 | office and designed to provide emergency on-site answering by | ||||||
7 | authorized personnel at the central office location in the | ||||||
8 | event a central office is isolated from the 9-1-1 network.
| ||||||
9 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
10 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| ||||||
11 | Sec. 15.3. Local non-wireless surcharge. | ||||||
12 | (a) Except as provided in subsection (l) of this Section, | ||||||
13 | the corporate authorities of any municipality or any
county | ||||||
14 | may, subject to the limitations of subsections (c), (d), and | ||||||
15 | (h),
and in addition to any tax levied pursuant to the | ||||||
16 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
17 | monthly surcharge on billed subscribers
of network connection | ||||||
18 | provided by telecommunication carriers engaged in the
business | ||||||
19 | of transmitting messages by means of electricity originating | ||||||
20 | within
the corporate limits of the municipality or county | ||||||
21 | imposing the surcharge at
a rate per network connection | ||||||
22 | determined in accordance with subsection (c), however the | ||||||
23 | monthly surcharge shall not apply to a network connection | ||||||
24 | provided for use with pay telephone services.
Provided, |
| |||||||
| |||||||
1 | however, that where multiple voice grade communications | ||||||
2 | channels
are connected between the subscriber's premises and a | ||||||
3 | public switched network
through private branch exchange (PBX) | ||||||
4 | or centrex type service, a municipality
imposing a surcharge at | ||||||
5 | a rate per network connection, as determined in
accordance with | ||||||
6 | this Act, shall impose: | ||||||
7 | (i) in a municipality with a population of 500,000 or | ||||||
8 | less or in any county, 5 such surcharges per network
| ||||||
9 | connection, as defined under Section 2 determined in | ||||||
10 | accordance with subsections (a) and (d) of
Section 2.12 of | ||||||
11 | this Act, for both regular service and advanced service | ||||||
12 | provisioned trunk lines; | ||||||
13 | (ii) in a municipality with a population, prior to | ||||||
14 | March 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
15 | connection, as defined under Section 2 determined in | ||||||
16 | accordance
with subsections (a) and (d) of Section 2.12 of | ||||||
17 | this Act, for both regular service and advanced
service | ||||||
18 | provisioned trunk lines; | ||||||
19 | (iii) in a municipality with a population, as of March | ||||||
20 | 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
21 | connection, as defined under Section 2 determined in
| ||||||
22 | accordance with subsections (a) and (d) of Section 2.12 of | ||||||
23 | this Act, for regular service
provisioned trunk lines, and | ||||||
24 | 12 surcharges per network connection, as defined under | ||||||
25 | Section 2 determined in accordance
with subsections (a) and | ||||||
26 | (d) of Section 2.12 of this Act, for advanced service |
| |||||||
| |||||||
1 | provisioned trunk
lines, except where an advanced service | ||||||
2 | provisioned trunk line supports at least 2 but fewer
than | ||||||
3 | 23 simultaneous voice grade calls ("VGC's"), a | ||||||
4 | telecommunication carrier may
elect to impose fewer than 12 | ||||||
5 | surcharges per trunk line as provided in subsection (iv)
of | ||||||
6 | this Section; or | ||||||
7 | (iv) for an advanced service provisioned trunk line | ||||||
8 | connected between the
subscriber's premises and the public | ||||||
9 | switched network through a P.B.X., where the advanced
| ||||||
10 | service provisioned trunk line is capable of transporting | ||||||
11 | at least 2 but fewer than 23
simultaneous VGC's per trunk | ||||||
12 | line, the telecommunications carrier collecting the | ||||||
13 | surcharge
may elect to impose surcharges in accordance with | ||||||
14 | the table provided in this Section, without limiting
any | ||||||
15 | telecommunications carrier's obligations to otherwise keep | ||||||
16 | and maintain records. Any
telecommunications carrier | ||||||
17 | electing to impose fewer than 12 surcharges per an advanced
| ||||||
18 | service provisioned trunk line shall keep and maintain | ||||||
19 | records adequately to demonstrate the
VGC capability of | ||||||
20 | each advanced service provisioned trunk line with fewer | ||||||
21 | than 12
surcharges imposed, provided that 12 surcharges | ||||||
22 | shall be imposed on an advanced service
provisioned trunk | ||||||
23 | line regardless of the VGC capability where a | ||||||
24 | telecommunications carrier
cannot demonstrate the VGC | ||||||
25 | capability of the advanced service provisioned trunk line.
| ||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
5 | Subsections (i), (ii), (iii), and (iv) are not intended to | |||||||||||||||||||||
6 | make any change in the meaning of this Section, but are | |||||||||||||||||||||
7 | intended to remove possible ambiguity, thereby confirming the | |||||||||||||||||||||
8 | intent of paragraph (a) as it existed prior to and following | |||||||||||||||||||||
9 | the effective date of this amendatory Act of the 97th General | |||||||||||||||||||||
10 | Assembly. | |||||||||||||||||||||
11 | For mobile telecommunications services, if a surcharge is | |||||||||||||||||||||
12 | imposed it shall be
imposed based upon the municipality or | |||||||||||||||||||||
13 | county that encompasses the customer's
place of primary use as | |||||||||||||||||||||
14 | defined in the Mobile Telecommunications Sourcing
Conformity | |||||||||||||||||||||
15 | Act. A municipality may enter into an intergovernmental
| |||||||||||||||||||||
16 | agreement with any county in which it is partially located, | |||||||||||||||||||||
17 | when the county
has adopted an ordinance to impose a surcharge | |||||||||||||||||||||
18 | as provided in subsection
(c), to include that portion of the | |||||||||||||||||||||
19 | municipality lying outside the county
in that county's | |||||||||||||||||||||
20 | surcharge referendum. If the county's surcharge
referendum is | |||||||||||||||||||||
21 | approved, the portion of the municipality identified in the
| |||||||||||||||||||||
22 | intergovernmental agreement shall automatically be | |||||||||||||||||||||
23 | disconnected from the
county in which it lies and connected to | |||||||||||||||||||||
24 | the county which approved the
referendum for purposes of a | |||||||||||||||||||||
25 | surcharge on telecommunications carriers.
|
| |||||||
| |||||||
1 | (b) For purposes of computing the surcharge imposed by | ||||||
2 | subsection (a),
the network connections to which the surcharge | ||||||
3 | shall apply shall be those
in-service network connections, | ||||||
4 | other than those network connections
assigned to the | ||||||
5 | municipality or county, where the service address for each
such | ||||||
6 | network connection or connections is located within the | ||||||
7 | corporate
limits of the municipality or county levying the | ||||||
8 | surcharge. Except for mobile
telecommunication services, the | ||||||
9 | "service address" shall mean the location of
the primary use of | ||||||
10 | the network connection or connections. For mobile
| ||||||
11 | telecommunication services, "service address" means the | ||||||
12 | customer's place of
primary use as defined in the Mobile | ||||||
13 | Telecommunications Sourcing Conformity
Act.
| ||||||
14 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
15 | under this
Section the clerk of the municipality or county | ||||||
16 | shall certify the question
of whether the surcharge may be | ||||||
17 | imposed to the proper election authority
who shall submit the | ||||||
18 | public question to the electors of the municipality or
county | ||||||
19 | in accordance with the general election law; provided that such
| ||||||
20 | question shall not be submitted at a consolidated primary | ||||||
21 | election. The
public question shall be in substantially the | ||||||
22 | following form:
| ||||||
23 | -------------------------------------------------------------
| ||||||
24 | Shall the county (or city, village
| ||||||
25 | or incorporated town) of ..... impose YES
| ||||||
26 | a surcharge of up to ...¢ per month per
|
| |||||||
| |||||||
1 | network connection, which surcharge will
| ||||||
2 | be added to the monthly bill you receive ------------------
| ||||||
3 | for telephone or telecommunications
| ||||||
4 | charges, for the purpose of installing
| ||||||
5 | (or improving) a 9-1-1 Emergency NO
| ||||||
6 | Telephone System?
| ||||||
7 | -------------------------------------------------------------
| ||||||
8 | If a majority of the votes cast upon the public question | ||||||
9 | are in favor
thereof, the surcharge shall be imposed.
| ||||||
10 | However, if a Joint Emergency Telephone System Board is to | ||||||
11 | be created
pursuant to an intergovernmental agreement under | ||||||
12 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
13 | subject to the approval of a
majority of the total number of | ||||||
14 | votes cast upon the public question by the
electors of all of | ||||||
15 | the municipalities or counties, or combination thereof,
that | ||||||
16 | are parties to the intergovernmental agreement.
| ||||||
17 | The referendum requirement of this subsection (c) shall not | ||||||
18 | apply
to any municipality with a population over 500,000 or to | ||||||
19 | any
county in which a proposition as to whether a sophisticated | ||||||
20 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
21 | county, at a cost not to
exceed a specified monthly amount per | ||||||
22 | network connection, has previously
been approved by a majority | ||||||
23 | of the electors of the county voting on the
proposition at an | ||||||
24 | election conducted before the effective date of this
amendatory | ||||||
25 | Act of 1987.
| ||||||
26 | (d) A county may not impose a surcharge, unless requested |
| |||||||
| |||||||
1 | by a
municipality, in any incorporated area which has | ||||||
2 | previously approved a
surcharge as provided in subsection (c) | ||||||
3 | or in any incorporated area where
the corporate authorities of | ||||||
4 | the municipality have previously entered into
a binding | ||||||
5 | contract or letter of intent with a telecommunications carrier | ||||||
6 | to
provide sophisticated 9-1-1 service through municipal | ||||||
7 | funds.
| ||||||
8 | (e) A municipality or county may at any time by ordinance | ||||||
9 | change the
rate of the surcharge imposed under this Section if | ||||||
10 | the new rate does not
exceed the rate specified in the | ||||||
11 | referendum held pursuant to subsection (c).
| ||||||
12 | (f) The surcharge authorized by this Section shall be | ||||||
13 | collected from
the subscriber by the telecommunications | ||||||
14 | carrier providing the subscriber
the network connection as a | ||||||
15 | separately stated item on the subscriber's bill.
| ||||||
16 | (g) The amount of surcharge collected by the | ||||||
17 | telecommunications carrier
shall be paid to the particular | ||||||
18 | municipality or county or Joint Emergency
Telephone System | ||||||
19 | Board not later than 30 days after the surcharge is
collected, | ||||||
20 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
| ||||||
21 | charges then due the particular telecommunications carrier, as | ||||||
22 | shown on an
itemized bill. The telecommunications carrier | ||||||
23 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
24 | the gross amount of surcharge
collected to reimburse the | ||||||
25 | telecommunications carrier for the expense of
accounting and | ||||||
26 | collecting the surcharge.
|
| |||||||
| |||||||
1 | (h) Except as expressly provided in subsection (a) of this | ||||||
2 | Section, on or after the effective date of this amendatory Act | ||||||
3 | of the 98th General Assembly and until December 31, 2017, July | ||||||
4 | 1, 2017, a municipality with a population of 500,000 or more | ||||||
5 | shall not impose a monthly surcharge per network connection in | ||||||
6 | excess of the highest monthly surcharge imposed as of January | ||||||
7 | 1, 2014 by any county or municipality under subsection (c) of | ||||||
8 | this Section. Beginning January 1, 2018 and until December 31, | ||||||
9 | 2020, a municipality with a population over 500,000 may not | ||||||
10 | impose a monthly surcharge in excess of $5.00 per network | ||||||
11 | connection. On or after January 1, 2021, July 1, 2017, a
| ||||||
12 | municipality with a population over 500,000 may not impose a
| ||||||
13 | monthly surcharge in excess of $2.50
per network connection.
| ||||||
14 | (i) Any municipality or county or joint emergency telephone | ||||||
15 | system
board that has imposed a surcharge pursuant to this | ||||||
16 | Section prior to the
effective date of this amendatory Act of | ||||||
17 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
18 | subsection (b) of this Section.
| ||||||
19 | (j) The corporate authorities of any municipality or county | ||||||
20 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
21 | other obligations secured
in whole or in part by the proceeds | ||||||
22 | of the surcharge described in this
Section.
The State of | ||||||
23 | Illinois pledges and agrees that it will not limit or alter
the | ||||||
24 | rights and powers vested in municipalities and counties by this | ||||||
25 | Section
to impose the surcharge so as to impair the terms of or | ||||||
26 | affect the
security for bonds, notes or other obligations |
| |||||||
| |||||||
1 | secured in whole or in part
with the proceeds of the surcharge | ||||||
2 | described in this Section. The pledge and agreement set forth | ||||||
3 | in this Section survive the termination of the surcharge under | ||||||
4 | subsection (l) by virtue of the replacement of the surcharge | ||||||
5 | monies guaranteed under Section 20; the State of Illinois | ||||||
6 | pledges and agrees that it will not limit or alter the rights | ||||||
7 | vested in municipalities and counties to the surcharge | ||||||
8 | replacement funds guaranteed under Section 20 so as to impair | ||||||
9 | the terms of or affect the security for bonds, notes or other | ||||||
10 | obligations secured in whole or in part with the proceeds of | ||||||
11 | the surcharge described in this Section.
| ||||||
12 | (k) Any surcharge collected by or imposed on a | ||||||
13 | telecommunications
carrier pursuant to this Section shall be | ||||||
14 | held to be a special fund in
trust for the municipality, county | ||||||
15 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
16 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
17 | the special fund shall not be subject to the claims of
| ||||||
18 | creditors of the telecommunication carrier.
| ||||||
19 | (l) On and after the effective date of this amendatory Act | ||||||
20 | of the 99th General Assembly, no county or municipality, other | ||||||
21 | than a municipality with a population over 500,000, may impose | ||||||
22 | a monthly surcharge under this Section in excess of the amount | ||||||
23 | imposed by it on the effective date of this Act. Any surcharge | ||||||
24 | imposed pursuant to this Section by a county or municipality, | ||||||
25 | other than a municipality with a population in excess of | ||||||
26 | 500,000, shall cease to be imposed on January 1, 2016. |
| |||||||
| |||||||
1 | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
| ||||||
2 | (50 ILCS 750/15.3a) | ||||||
3 | Sec. 15.3a. Local wireless surcharge. | ||||||
4 | (a) Notwithstanding any other provision of this Act, a unit | ||||||
5 | of local government or emergency telephone system board | ||||||
6 | providing wireless 9-1-1 service and imposing and collecting a | ||||||
7 | wireless carrier surcharge prior to July 1, 1998 may continue | ||||||
8 | its practices of imposing and collecting its wireless carrier | ||||||
9 | surcharge, but, except as provided in subsection (b) of this | ||||||
10 | Section, in no event shall that monthly surcharge exceed $2.50 | ||||||
11 | per commercial mobile radio service (CMRS) connection or | ||||||
12 | in-service telephone number billed on a monthly basis. For | ||||||
13 | mobile telecommunications services provided on and after | ||||||
14 | August 1, 2002, any surcharge imposed shall be imposed based | ||||||
15 | upon the municipality or county that encompasses the customer's | ||||||
16 | place of primary use as defined in the Mobile | ||||||
17 | Telecommunications Sourcing Conformity Act. | ||||||
18 | (b) Until December 31, 2017, July 1, 2017, the corporate | ||||||
19 | authorities of a municipality with a population in excess of | ||||||
20 | 500,000 on the effective date of this amendatory Act of the | ||||||
21 | 99th General Assembly may by ordinance continue to impose and | ||||||
22 | collect a monthly surcharge per commercial mobile radio service | ||||||
23 | (CMRS) connection or in-service telephone number billed on a | ||||||
24 | monthly basis that does not exceed the highest monthly | ||||||
25 | surcharge imposed as of January 1, 2014 by any county or |
| |||||||
| |||||||
1 | municipality under subsection (c) of Section 15.3 of this Act. | ||||||
2 | Beginning January 1, 2018, and until December 31, 2020, a | ||||||
3 | municipality with a population in excess of 500,000 may by | ||||||
4 | ordinance continue to impose and collect a monthly surcharge | ||||||
5 | per commercial mobile radio service (CMRS) connection or | ||||||
6 | in-service telephone number billed on a monthly basis that does | ||||||
7 | not exceed $5.00. On or after January 1, 2021, July 1, 2017, | ||||||
8 | the municipality may continue imposing and collecting its | ||||||
9 | wireless carrier surcharge as provided in and subject to the | ||||||
10 | limitations of subsection (a) of this Section. | ||||||
11 | (c) In addition to any other lawful purpose, a municipality | ||||||
12 | with a population over 500,000 may use the moneys collected | ||||||
13 | under this Section for any anti-terrorism or emergency | ||||||
14 | preparedness measures, including, but not limited to, | ||||||
15 | preparedness planning, providing local matching funds for | ||||||
16 | federal or State grants, personnel training, and specialized | ||||||
17 | equipment, including surveillance cameras, as needed to deal | ||||||
18 | with natural and terrorist-inspired emergency situations or | ||||||
19 | events.
| ||||||
20 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
21 | (50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | ||||||
22 | Sec. 15.4. Emergency Telephone System Board; powers. | ||||||
23 | (a) Except as provided in subsection (e) of this Section, | ||||||
24 | the corporate authorities of any county or municipality
may | ||||||
25 | establish an Emergency
Telephone System Board. |
| |||||||
| |||||||
1 | The corporate authorities shall provide for the
manner of | ||||||
2 | appointment and the number of members of the Board, provided | ||||||
3 | that
the board shall consist of not fewer than 5 members, one | ||||||
4 | of whom
must be a
public member who is a resident of the local | ||||||
5 | exchange service territory
included in the 9-1-1 coverage area, | ||||||
6 | one of whom (in counties with a
population less than 100,000) | ||||||
7 | may be a member of the county
board, and
at least 3 of whom | ||||||
8 | shall be representative of the 9-1-1 public safety agencies,
| ||||||
9 | including but not limited to police departments, fire | ||||||
10 | departments, emergency
medical services providers, and | ||||||
11 | emergency services and disaster agencies, and
appointed on the | ||||||
12 | basis of their ability or experience. In counties with a | ||||||
13 | population of more than 100,000 but less than 2,000,000, a | ||||||
14 | member of the county board may serve on the Emergency Telephone | ||||||
15 | System Board. Elected officials, including members of a county | ||||||
16 | board, are
also eligible to serve on the board. Members of the | ||||||
17 | board shall serve without
compensation but shall be reimbursed | ||||||
18 | for their actual and necessary
expenses. Any 2 or more | ||||||
19 | municipalities, counties, or combination thereof,
may, instead | ||||||
20 | of establishing
individual boards, establish by | ||||||
21 | intergovernmental agreement a Joint
Emergency Telephone System | ||||||
22 | Board pursuant to this Section. The manner of
appointment of | ||||||
23 | such a joint board shall be prescribed in the agreement. On or | ||||||
24 | after the effective date of this amendatory Act of the 100th | ||||||
25 | General Assembly, any new intergovernmental agreement entered | ||||||
26 | into to establish or join a Joint Emergency Telephone System |
| |||||||
| |||||||
1 | Board shall provide for the appointment of a PSAP | ||||||
2 | representative to the board. | ||||||
3 | Upon the effective date of this amendatory Act of the 98th | ||||||
4 | General Assembly, appointed members of the Emergency Telephone | ||||||
5 | System Board shall serve staggered 3-year terms if: (1) the | ||||||
6 | Board serves a county with a population of 100,000 or less; and | ||||||
7 | (2) appointments, on the effective date of this amendatory Act | ||||||
8 | of the 98th General Assembly, are not for a stated term. The | ||||||
9 | corporate authorities of the county or municipality shall | ||||||
10 | assign terms to the board members serving on the effective date | ||||||
11 | of this amendatory Act of the 98th General Assembly in the | ||||||
12 | following manner: (1) one-third of board members' terms shall | ||||||
13 | expire on January 1, 2015; (2) one-third of board members' | ||||||
14 | terms shall expire on January 1, 2016; and (3) remaining board | ||||||
15 | members' terms shall expire on January 1, 2017. Board members | ||||||
16 | may be re-appointed upon the expiration of their terms by the | ||||||
17 | corporate authorities of the county or municipality. | ||||||
18 | The corporate authorities of a county or municipality may, | ||||||
19 | by a vote of the majority of the members elected, remove an | ||||||
20 | Emergency Telephone System Board member for misconduct, | ||||||
21 | official misconduct, or neglect of office. | ||||||
22 | (b) The powers and duties of the board shall be defined by | ||||||
23 | ordinance
of the municipality or county, or by | ||||||
24 | intergovernmental agreement in the
case of a joint board. The | ||||||
25 | powers and duties shall include, but need not
be limited to the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (1) Planning a 9-1-1 system. | ||||||
2 | (2) Coordinating and supervising the implementation, | ||||||
3 | upgrading, or
maintenance of the system, including the | ||||||
4 | establishment of equipment
specifications and coding | ||||||
5 | systems. | ||||||
6 | (3) Receiving moneys
from the surcharge imposed under | ||||||
7 | Section 15.3, or disbursed to it under Section 30, and
from | ||||||
8 | any other source, for deposit into the Emergency Telephone | ||||||
9 | System Fund. | ||||||
10 | (4) Authorizing all disbursements from the fund. | ||||||
11 | (5) Hiring any staff necessary for the implementation | ||||||
12 | or upgrade of the
system. | ||||||
13 | (6) (Blank). | ||||||
14 | (c) All moneys
received by a board pursuant to a surcharge | ||||||
15 | imposed under
Section 15.3, or disbursed to it under Section | ||||||
16 | 30, shall be deposited into a separate interest-bearing
| ||||||
17 | Emergency Telephone System Fund account. The treasurer of the | ||||||
18 | municipality or
county that has established the board or, in | ||||||
19 | the case of a joint board, any
municipal or county treasurer | ||||||
20 | designated in the intergovernmental agreement,
shall be | ||||||
21 | custodian of the fund. All interest accruing on the fund shall | ||||||
22 | remain
in the fund. No expenditures may be made from such fund | ||||||
23 | except upon the
direction of the board by resolution passed by | ||||||
24 | a majority of all members of the
board. | ||||||
25 | (d) The board shall complete a Master Street Address Guide | ||||||
26 | database before implementation of the
9-1-1 system. The error |
| |||||||
| |||||||
1 | ratio of the database shall not at any time
exceed 1% of the | ||||||
2 | total database. | ||||||
3 | (e) On and after January 1, 2016, no municipality or county | ||||||
4 | may create an Emergency Telephone System Board unless the board | ||||||
5 | is a Joint Emergency Telephone System Board. The corporate | ||||||
6 | authorities of any county or municipality entering into an | ||||||
7 | intergovernmental agreement to create or join a Joint Emergency | ||||||
8 | Telephone System Board shall rescind an the ordinance or | ||||||
9 | ordinances creating a single the original Emergency Telephone | ||||||
10 | System Board and shall eliminate the single Emergency Telephone | ||||||
11 | System Board, effective upon the creation of the Joint | ||||||
12 | Emergency Telephone System Board , with regulatory approval by | ||||||
13 | the Administrator, or joining of the Joint Emergency Telephone | ||||||
14 | System Board. Nothing in this Section shall be construed to | ||||||
15 | require the dissolution of an Emergency Telephone System Board | ||||||
16 | that is not succeeded by a Joint Emergency Telephone System | ||||||
17 | Board or is not required to consolidate under Section 15.4a of | ||||||
18 | this Act. | ||||||
19 | (f) Within one year after the effective date of this | ||||||
20 | amendatory Act of the 100th General Assembly, any corporate | ||||||
21 | authorities of a county or municipality, other than a | ||||||
22 | municipality with a population of more than 500,000, operating | ||||||
23 | a 9-1-1 system without an Emergency Telephone System Board or | ||||||
24 | Joint Emergency Telephone System Board shall create or join a | ||||||
25 | Joint Emergency Telephone System Board. | ||||||
26 | (Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16 .) |
| |||||||
| |||||||
1 | (50 ILCS 750/15.4a) | ||||||
2 | Sec. 15.4a. Consolidation. | ||||||
3 | (a) By July 1, 2017, and except as otherwise provided in | ||||||
4 | this Section, Emergency Telephone System Boards, Joint | ||||||
5 | Emergency Telephone System Boards, qualified governmental | ||||||
6 | entities, and PSAPs shall be consolidated as follows, subject | ||||||
7 | to subsections (b) and (c) of this Section: | ||||||
8 | (1) In any county with a population of at least 250,000 | ||||||
9 | that has a single Emergency Telephone System Board, or | ||||||
10 | qualified governmental entity and more than 2 PSAPs, shall | ||||||
11 | reduce the number of PSAPs by at least 50% or to 2 PSAPs, | ||||||
12 | whichever is greater. Nothing in this paragraph shall | ||||||
13 | preclude consolidation resulting in one PSAP in the county. | ||||||
14 | (2) In any county with a population of at least 250,000 | ||||||
15 | that has more than one Emergency Telephone System Board, | ||||||
16 | Joint Emergency Telephone System Board, or qualified | ||||||
17 | governmental entity, any 9-1-1 Authority serving a | ||||||
18 | population of less than 25,000 shall be consolidated such | ||||||
19 | that no 9-1-1 Authority in the county serves a population | ||||||
20 | of less than 25,000. | ||||||
21 | (3) In any county with a population of at least 250,000 | ||||||
22 | but less than 1,000,000 that has more than one Emergency | ||||||
23 | Telephone System Board, Joint Emergency Telephone System | ||||||
24 | Board, or qualified governmental entity, each 9-1-1 | ||||||
25 | Authority shall reduce the number of PSAPs by at least 50% |
| |||||||
| |||||||
1 | or to 2 PSAPs, whichever is greater. Nothing in this | ||||||
2 | paragraph shall preclude consolidation of a 9-1-1 | ||||||
3 | Authority into a Joint Emergency Telephone System Board, | ||||||
4 | and nothing in this paragraph shall preclude consolidation | ||||||
5 | resulting in one PSAP in the county. | ||||||
6 | (4) In any county with a population of less than | ||||||
7 | 250,000 that has a single Emergency Telephone System Board | ||||||
8 | or qualified governmental entity and more than 2 PSAPs, the | ||||||
9 | 9-1-1 Authority shall reduce the number of PSAPs by at | ||||||
10 | least 50% or to 2 PSAPs, whichever is greater. Nothing in | ||||||
11 | this paragraph shall preclude consolidation resulting in | ||||||
12 | one PSAP in the county. | ||||||
13 | (5) In any county with a population of less than | ||||||
14 | 250,000 that has more than one Emergency Telephone System | ||||||
15 | Board, Joint Emergency Telephone System Board, or | ||||||
16 | qualified governmental entity and more than 2 PSAPS, the | ||||||
17 | 9-1-1 Authorities shall be consolidated into a single joint | ||||||
18 | board, and the number of PSAPs shall be reduced by at least | ||||||
19 | 50% or to 2 PSAPs, whichever is greater. Nothing in this | ||||||
20 | paragraph shall preclude consolidation resulting in one | ||||||
21 | PSAP in the county. | ||||||
22 | (6) Any 9-1-1 Authority that does not have a PSAP | ||||||
23 | within its jurisdiction shall be consolidated through an | ||||||
24 | intergovernmental agreement with an existing 9-1-1 | ||||||
25 | Authority that has a PSAP to create a Joint Emergency | ||||||
26 | Telephone Board. |
| |||||||
| |||||||
1 | (7) The corporate authorities of each county that has | ||||||
2 | no 9-1-1 service as of January 1, 2016 shall provide | ||||||
3 | enhanced 9-1-1 wireline and wireless enhanced 9-1-1 | ||||||
4 | service for that county by either (i) entering into an | ||||||
5 | intergovernmental agreement with an existing Emergency | ||||||
6 | Telephone System Board to create a new Joint Emergency | ||||||
7 | Telephone System Board, or (ii) entering into an | ||||||
8 | intergovernmental agreement with the corporate authorities | ||||||
9 | that have created an existing Joint Emergency Telephone | ||||||
10 | System Board. | ||||||
11 | (b) By July 1, 2016, each county required to consolidate | ||||||
12 | pursuant to paragraph (7) of subsection (a) of this Section and | ||||||
13 | each 9-1-1 Authority required to consolidate pursuant to | ||||||
14 | paragraphs (1) through (6) of subsection (a) of this Section | ||||||
15 | shall file a plan for consolidation or a request for a waiver | ||||||
16 | pursuant to subsection (c) of this Section with the Office | ||||||
17 | Division of the Statewide 9-1-1 Administrator . | ||||||
18 | (1) No county or 9-1-1 Authority may avoid the | ||||||
19 | requirements of this Section by converting primary PSAPs to | ||||||
20 | secondary or virtual answering points. Any county or 9-1-1 | ||||||
21 | Authority not in compliance with this Section shall be | ||||||
22 | ineligible to receive consolidation grant funds issued | ||||||
23 | under Section 15.4b of this Act or monthly disbursements | ||||||
24 | otherwise due under Section 30 of this Act, until the | ||||||
25 | county or 9-1-1 Authority is in compliance. | ||||||
26 | (2) Within 60 calendar days of receiving a |
| |||||||
| |||||||
1 | consolidation plan, the Statewide 9-1-1 Advisory Board | ||||||
2 | shall hold at least one public hearing on the plan and | ||||||
3 | provide a recommendation to the Administrator. Notice of | ||||||
4 | the hearing shall be provided to the respective entity to | ||||||
5 | which the plan applies. | ||||||
6 | (3) Within 90 calendar days of receiving a | ||||||
7 | consolidation plan, the Administrator shall approve the | ||||||
8 | plan, approve the plan as modified, or grant a waiver | ||||||
9 | pursuant to subsection (c) of this Section. In making his | ||||||
10 | or her decision, the Administrator shall consider any | ||||||
11 | recommendation from the Statewide 9-1-1 Advisory Board | ||||||
12 | regarding the plan. If the Administrator does not follow | ||||||
13 | the recommendation of the Board, the Administrator shall | ||||||
14 | provide a written explanation for the deviation in his or | ||||||
15 | her decision. | ||||||
16 | (4) The deadlines provided in this subsection may be | ||||||
17 | extended upon agreement between the Administrator and | ||||||
18 | entity which submitted the plan. | ||||||
19 | (c) A waiver from a consolidation required under subsection | ||||||
20 | (a) of this Section may be granted if the Administrator finds | ||||||
21 | that the consolidation will result in a substantial threat to | ||||||
22 | public safety, is economically unreasonable, or is technically | ||||||
23 | infeasible. | ||||||
24 | (d) Any decision of the Administrator under this Section | ||||||
25 | shall be deemed a final administrative decision and shall be | ||||||
26 | subject to judicial review under the Administrative Review Law.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
2 | (50 ILCS 750/15.4b) | ||||||
3 | Sec. 15.4b. Consolidation grants. | ||||||
4 | (a) The Administrator, with the advice and recommendation | ||||||
5 | of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1 | ||||||
6 | System Consolidation Grant Program to defray costs associated | ||||||
7 | with 9-1-1 system consolidation of systems outside of a | ||||||
8 | municipality with a population in excess of 500,000. The | ||||||
9 | awarded grants will be used to offset non-recurring costs | ||||||
10 | associated with the consolidation of 9-1-1 systems and shall | ||||||
11 | not be used for ongoing operating costs associated with the | ||||||
12 | consolidated system. The Department, in consultation with the | ||||||
13 | Administrator and the Statewide 9-1-1 Advisory Board, shall | ||||||
14 | adopt rules defining the grant process and criteria for issuing | ||||||
15 | the grants. The grants should be awarded based on criteria that | ||||||
16 | include, but are not limited to: | ||||||
17 | (1) reducing the number of transfers of a 9-1-1 call; | ||||||
18 | (2) reducing the infrastructure required to adequately | ||||||
19 | provide 9-1-1 network services; | ||||||
20 | (3) promoting cost savings from resource sharing among | ||||||
21 | 9-1-1 systems; | ||||||
22 | (4) facilitating interoperability and resiliency for | ||||||
23 | the receipt of 9-1-1 calls; | ||||||
24 | (5) reducing the number of 9-1-1 systems or reducing | ||||||
25 | the number of PSAPs within a 9-1-1 system; |
| |||||||
| |||||||
1 | (6) cost saving resulting from 9-1-1 system | ||||||
2 | consolidation; and | ||||||
3 | (7) expanding E9-1-1 service coverage as a result of | ||||||
4 | 9-1-1 system consolidation including to areas without | ||||||
5 | E9-1-1 service. | ||||||
6 | Priority shall be given first to counties not providing | ||||||
7 | 9-1-1 service as of January 1, 2016, and next to other entities | ||||||
8 | consolidating as required under Section 15.4a of this Act. | ||||||
9 | (b) The 9-1-1 System Consolidation Grant application, as | ||||||
10 | defined by Department rules, shall be submitted electronically | ||||||
11 | to the Administrator starting January 2, 2016, and every | ||||||
12 | January 2 thereafter. The application shall include a modified | ||||||
13 | 9-1-1 system plan as required by this Act in support of the | ||||||
14 | consolidation plan. The Administrator shall have until June 30, | ||||||
15 | 2016 and every June 30 thereafter to approve 9-1-1 System | ||||||
16 | Consolidation grants and modified 9-1-1 system plans. Payment | ||||||
17 | under the approved 9-1-1 System Consolidation grants shall be | ||||||
18 | contingent upon the final approval of a modified 9-1-1 system | ||||||
19 | plan. | ||||||
20 | (c) Existing and previously completed consolidation | ||||||
21 | projects shall be eligible to apply for reimbursement of costs | ||||||
22 | related to the consolidation incurred between 2010 and the | ||||||
23 | State fiscal year of the application. | ||||||
24 | (d) The 9-1-1 systems that receive grants under this | ||||||
25 | Section shall provide a report detailing grant fund usage to | ||||||
26 | the Administrator pursuant to Section 40 of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
2 | (50 ILCS 750/15.5)
| ||||||
3 | Sec. 15.5. Private residential switch service 9-1-1
| ||||||
4 | service. | ||||||
5 | (a) After June 30, 1995, an entity that provides or | ||||||
6 | operates private
residential switch service and provides | ||||||
7 | telecommunications facilities or
services to residents shall | ||||||
8 | provide to those residential end users the same
level of 9-1-1 | ||||||
9 | service as the public agency and the telecommunications carrier
| ||||||
10 | are providing to other residential end users of the local 9-1-1 | ||||||
11 | system. This
service shall include, but not be limited to, the | ||||||
12 | capability to identify the
telephone number, extension number, | ||||||
13 | and the physical location that is the
source
of the call to the | ||||||
14 | number designated as the emergency telephone number.
| ||||||
15 | (b) The private residential switch operator is responsible | ||||||
16 | for forwarding
end user automatic location identification | ||||||
17 | record information to the 9-1-1
system
provider according to | ||||||
18 | the format, frequency, and procedures established by that
| ||||||
19 | system provider.
| ||||||
20 | (c) This Act does not apply to any PBX telephone extension | ||||||
21 | that uses radio
transmissions to convey electrical signals | ||||||
22 | directly between the telephone
extension and the serving PBX.
| ||||||
23 | (d) An entity that violates this Section is guilty of a | ||||||
24 | business
offense
and shall be fined not less than $1,000 and | ||||||
25 | not more than $5,000.
|
| |||||||
| |||||||
1 | (e) Nothing in this Section shall be
construed to preclude | ||||||
2 | the Attorney General on behalf of the Department or on
his or | ||||||
3 | her own initiative, or any other interested person, from | ||||||
4 | seeking
judicial relief, by mandamus, injunction, or | ||||||
5 | otherwise, to compel compliance
with this Section.
| ||||||
6 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
7 | (50 ILCS 750/15.6)
| ||||||
8 | Sec. 15.6. Enhanced 9-1-1 service; business service.
| ||||||
9 | (a) After June 30, 2000, or within 18 months after enhanced | ||||||
10 | 9-1-1 service
becomes available, any entity that installs or | ||||||
11 | operates a private business
switch service and provides | ||||||
12 | telecommunications facilities or services to
businesses shall | ||||||
13 | assure that the system is connected to the public switched
| ||||||
14 | network in a manner that calls to 9-1-1 result in automatic | ||||||
15 | number and location
identification. For buildings having their | ||||||
16 | own street address and containing
workspace of 40,000 square | ||||||
17 | feet or less, location identification shall include
the | ||||||
18 | building's street address. For buildings having their own | ||||||
19 | street
address and containing workspace of more than 40,000 | ||||||
20 | square feet, location
identification shall include the | ||||||
21 | building's street address and one distinct
location | ||||||
22 | identification per 40,000 square feet of workspace. Separate
| ||||||
23 | buildings containing workspace of 40,000 square feet or less | ||||||
24 | having a common
public street address shall have a distinct | ||||||
25 | location identification for each
building in addition to the |
| |||||||
| |||||||
1 | street address.
| ||||||
2 | (b) Exemptions. Buildings containing workspace of more | ||||||
3 | than 40,000 square
feet are exempt from the multiple location | ||||||
4 | identification requirements of
subsection (a) if the building | ||||||
5 | maintains, at all times, alternative and
adequate means of | ||||||
6 | signaling and responding to emergencies. Those means shall
| ||||||
7 | include, but not be limited to, a telephone system that | ||||||
8 | provides the physical
location of 9-1-1 calls coming from | ||||||
9 | within the building. Health care
facilities are presumed to | ||||||
10 | meet the requirements of this paragraph if the
facilities are | ||||||
11 | staffed with medical or nursing personnel 24 hours per day and
| ||||||
12 | if an alternative means of providing information about the | ||||||
13 | source of an
emergency call exists. Buildings under this | ||||||
14 | exemption must provide 9-1-1
service that provides the | ||||||
15 | building's street address.
| ||||||
16 | Buildings containing workspace of more than 40,000 square | ||||||
17 | feet are exempt
from subsection (a) if the building maintains, | ||||||
18 | at all times, alternative and
adequate means of signaling and | ||||||
19 | responding to emergencies, including a
telephone system that | ||||||
20 | provides the location of a 9-1-1 call coming from within
the | ||||||
21 | building, and the building is serviced by its own medical, fire | ||||||
22 | and
security personnel. Buildings under this exemption are | ||||||
23 | subject to emergency
phone system certification by the | ||||||
24 | Administrator.
| ||||||
25 | Buildings in communities not serviced by enhanced 9-1-1 | ||||||
26 | service are exempt
from subsection (a).
|
| |||||||
| |||||||
1 | Correctional institutions and facilities, as defined in | ||||||
2 | subsection (d) of
Section 3-1-2 of the Unified Code of | ||||||
3 | Corrections, are exempt from subsection
(a).
| ||||||
4 | (c) This Act does not apply to any PBX telephone extension | ||||||
5 | that uses radio
transmissions to convey electrical signals | ||||||
6 | directly between the telephone
extension and the serving PBX.
| ||||||
7 | (d) An entity that violates this Section is guilty of a | ||||||
8 | business
offense and shall be fined not less than $1,000 and | ||||||
9 | not more than $5,000.
| ||||||
10 | (e) Nothing in this Section shall be
construed to preclude | ||||||
11 | the Attorney General on behalf of the Department or on
his or | ||||||
12 | her own initiative, or any other interested person, from | ||||||
13 | seeking
judicial relief, by mandamus, injunction, or | ||||||
14 | otherwise, to compel compliance
with this Section.
| ||||||
15 | (f) The Department may promulgate rules for the | ||||||
16 | administration of this
Section.
| ||||||
17 | (Source: P.A. 99-6, eff. 1-1-16 .)
| ||||||
18 | (50 ILCS 750/15.6a) | ||||||
19 | Sec. 15.6a. Wireless emergency 9-1-1 service. | ||||||
20 | (a) The digits "9-1-1" shall be the designated emergency | ||||||
21 | telephone number within the wireless system. | ||||||
22 | (b) The Department may set non-discriminatory and uniform | ||||||
23 | technical and operational standards consistent with the rules | ||||||
24 | of the Federal Communications Commission for directing calls to | ||||||
25 | authorized public safety answering points. These standards |
| |||||||
| |||||||
1 | shall not in any way prescribe the technology or manner a | ||||||
2 | wireless carrier shall use to deliver wireless 9-1-1 or | ||||||
3 | wireless E9-1-1 calls, and these standards shall not exceed the | ||||||
4 | requirements set by the Federal Communications Commission; | ||||||
5 | however, standards for directing calls to the authorized public | ||||||
6 | safety answering point shall be included. The authority given | ||||||
7 | to the Department in this Section is limited to setting | ||||||
8 | standards as set forth herein and does not constitute authority | ||||||
9 | to regulate wireless carriers. | ||||||
10 | (c) For the purpose of providing wireless 9-1-1 emergency | ||||||
11 | services, an emergency telephone system board or, in the | ||||||
12 | absence of an emergency telephone system board, a qualified | ||||||
13 | governmental entity, may declare its intention for one or more | ||||||
14 | of its public safety answering points to serve as a primary | ||||||
15 | wireless 9-1-1 public safety answering point for its | ||||||
16 | jurisdiction by notifying the Administrator in writing within 6 | ||||||
17 | months after receiving its authority to operate a 9-1-1 system | ||||||
18 | under this Act. In addition, 2 or more emergency telephone | ||||||
19 | system boards or qualified governmental entities may, by virtue | ||||||
20 | of an intergovernmental agreement, provide wireless 9-1-1 | ||||||
21 | service. Until the jurisdiction comes into compliance with | ||||||
22 | Section 15.4a of this Act, the The Department of State Police | ||||||
23 | shall be the primary wireless 9-1-1 public safety answering | ||||||
24 | point for any jurisdiction that did not provide notice to the | ||||||
25 | Illinois Commerce Commission and the Department prior to | ||||||
26 | January 1, 2016. |
| |||||||
| |||||||
1 | (d) The Administrator, upon a request from a qualified | ||||||
2 | governmental entity or an emergency telephone system board and | ||||||
3 | with the advice and recommendation of the Statewide 9-1-1 | ||||||
4 | Advisory Board, may grant authority to the emergency telephone | ||||||
5 | system board or a qualified governmental entity to provide | ||||||
6 | wireless 9-1-1 service in areas for which the Department has | ||||||
7 | accepted wireless 9-1-1 responsibility. The Administrator | ||||||
8 | shall maintain a current list of all 9-1-1 systems and | ||||||
9 | qualified governmental entities providing wireless 9-1-1 | ||||||
10 | service under this Act.
| ||||||
11 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
12 | (50 ILCS 750/15.6b) | ||||||
13 | Sec. 15.6b. Next Generation 9-1-1 service. | ||||||
14 | (a) The Administrator, with the advice and recommendation | ||||||
15 | of the Statewide 9-1-1 Advisory Board, shall develop and | ||||||
16 | implement a plan for a statewide Next Generation 9-1-1 network. | ||||||
17 | The Next Generation 9-1-1 network must be an Internet | ||||||
18 | protocol-based platform that at a minimum provides: | ||||||
19 | (1) improved 9-1-1 call delivery; | ||||||
20 | (2) enhanced interoperability; | ||||||
21 | (3) increased ease of communication between 9-1-1 | ||||||
22 | service providers, allowing immediate transfer of 9-1-1 | ||||||
23 | calls, caller information, photos, and other data | ||||||
24 | statewide; | ||||||
25 | (4) a hosted solution with redundancy built in; and |
| |||||||
| |||||||
1 | (5) compliance with NENA Standards i3 Solution 08-003. | ||||||
2 | (b) By July 1, 2016, the Administrator, with the advice and | ||||||
3 | recommendation of the Statewide 9-1-1 Advisory Board, shall | ||||||
4 | design and issue a competitive request for a proposal to secure | ||||||
5 | the services of a consultant to complete a feasibility study on | ||||||
6 | the implementation of a statewide Next Generation 9-1-1 network | ||||||
7 | in Illinois. By July 1, 2017, the consultant shall complete the | ||||||
8 | feasibility study and make recommendations as to the | ||||||
9 | appropriate procurement approach for developing a statewide | ||||||
10 | Next Generation 9-1-1 network. | ||||||
11 | (c) Within 12 months of the final report from the | ||||||
12 | consultant under subsection (b) of this Section, the Department | ||||||
13 | shall procure and finalize a contract with a vendor certified | ||||||
14 | under Section 13-900 of the Public Utilities Act to establish a | ||||||
15 | statewide Next Generation 9-1-1 network. By July 1, 2020, the | ||||||
16 | vendor shall implement a Next Generation 9-1-1 network that | ||||||
17 | allows 9-1-1 systems providing 9-1-1 service to Illinois | ||||||
18 | residents to access the system utilizing their current | ||||||
19 | infrastructure if it meets the standards adopted by the | ||||||
20 | Department.
| ||||||
21 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
22 | (50 ILCS 750/15.7) | ||||||
23 | Sec. 15.7. Compliance with certification of 9-1-1 system | ||||||
24 | providers by the Illinois Commerce Commission. In addition to | ||||||
25 | the requirements of this Act, all 9-1-1 system providers must |
| |||||||
| |||||||
1 | comply with the requirements of Section 13-900 of the Public | ||||||
2 | Utilities Act.
| ||||||
3 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
4 | (50 ILCS 750/15.8) | ||||||
5 | Sec. 15.8. 9-1-1 dialing from a business. | ||||||
6 | (a) Any entity that installs or operates a private business | ||||||
7 | switch service and provides telecommunications facilities or | ||||||
8 | services to businesses shall ensure that all systems installed | ||||||
9 | on or after July 1, 2015 (the effective date of Public Act | ||||||
10 | 98-875) are connected to the public switched network in a | ||||||
11 | manner such that when a user dials "9-1-1", the emergency call | ||||||
12 | connects to the 9-1-1 system without first dialing any number | ||||||
13 | or set of numbers. | ||||||
14 | (b) The requirements of this Section do not apply to: | ||||||
15 | (1) any entity certified by the Illinois Commerce | ||||||
16 | Commission to operate a Private Emergency Answering Point | ||||||
17 | as defined in 83 Ill. Adm. Code 726.105; or | ||||||
18 | (2) correctional institutions and facilities as | ||||||
19 | defined in subsection (d) of Section 3-1-2 of the Unified | ||||||
20 | Code of Corrections. | ||||||
21 | (c) An entity that violates this Section is guilty of a | ||||||
22 | business offense and shall be fined not less than $1,000 and | ||||||
23 | not more than $5,000.
| ||||||
24 | (Source: P.A. 98-875, eff. 7-1-15; 99-6, eff. 1-1-16 .)
|
| |||||||
| |||||||
1 | (50 ILCS 750/16) (from Ch. 134, par. 46)
| ||||||
2 | Sec. 16. This Act takes effect July 1, 1975. | ||||||
3 | (Source: P.A. 79-1092 .)
| ||||||
4 | (50 ILCS 750/17.5 new) | ||||||
5 | Sec. 17.5. 9-1-1 call transfer, forward, or relay. | ||||||
6 | (a) The General Assembly finds the following: | ||||||
7 | (1) Some 9-1-1 systems throughout this State do not | ||||||
8 | have a procedure in place to manually transfer, forward, or | ||||||
9 | relay 9-1-1 calls originating within one 9-1-1 system's | ||||||
10 | jurisdiction, but which should properly be answered and | ||||||
11 | dispatched by another 9-1-1 system, to the appropriate | ||||||
12 | 9-1-1 system for answering and dispatch of first | ||||||
13 | responders. | ||||||
14 | (2) On January 1, 2016, the General Assembly gave | ||||||
15 | oversight authority of 9-1-1 systems to the Department of | ||||||
16 | State Police. | ||||||
17 | (3) Since that date, the Department of State Police has | ||||||
18 | authorized individual 9-1-1 systems in counties and | ||||||
19 | municipalities to implement and upgrade enhanced 9-1-1 | ||||||
20 | systems throughout the State. | ||||||
21 | (b) The Department shall prepare a directory of all | ||||||
22 | authorized 9-1-1 systems in the State. The directory shall | ||||||
23 | include an emergency 24/7 10-digit telephone number for all | ||||||
24 | primary public safety answering points located in each 9-1-1 | ||||||
25 | system to which 9-1-1 calls from another jurisdiction can be |
| |||||||
| |||||||
1 | transferred. This directory shall be made available to each | ||||||
2 | 9-1-1 authority for its use in establishing standard operating | ||||||
3 | procedures regarding calls outside its 9-1-1 jurisdiction. | ||||||
4 | (c) Each 9-1-1 system shall provide the Department with the | ||||||
5 | following information: | ||||||
6 | (1) The name of the PSAP, a list of every participating | ||||||
7 | agency, and the county the PSAP is in, including college | ||||||
8 | and university public safety entities. | ||||||
9 | (2) The 24/7 10-digit emergency telephone number and | ||||||
10 | email address for the dispatch agency to which 9-1-1 calls | ||||||
11 | originating in another 9-1-1 jurisdiction can be | ||||||
12 | transferred or by which the PSAP can be contacted via email | ||||||
13 | to exchange information. Each 9-1-1 system shall provide | ||||||
14 | the Department with any changes to the participating | ||||||
15 | agencies and this number and email address immediately upon | ||||||
16 | the change occurring. Each 9-1-1 system shall provide the | ||||||
17 | PSAP information, the 24/7 10-digit emergency telephone | ||||||
18 | number and email address to the Manager of the Department's | ||||||
19 | 9-1-1 Program within 30 days of the effective date of this | ||||||
20 | amendatory Act of the 100th General Assembly. | ||||||
21 | (3) The standard operating procedure describing the | ||||||
22 | manner in which the 9-1-1 system will transfer, forward, or | ||||||
23 | relay 9-1-1 calls originating within its jurisdiction, but | ||||||
24 | which should properly be answered and dispatched by another | ||||||
25 | 9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1 | ||||||
26 | system shall provide the standard operating procedures to |
| |||||||
| |||||||
1 | the Manager of the Department's 9-1-1 Program within 180 | ||||||
2 | days after the effective date of this amendatory Act of the | ||||||
3 | 100th General Assembly. | ||||||
4 | (50 ILCS 750/19) | ||||||
5 | Sec. 19. Statewide 9-1-1 Advisory Board. | ||||||
6 | (a) Beginning July 1, 2015, there is created the Statewide | ||||||
7 | 9-1-1 Advisory Board within the Department of State Police. The | ||||||
8 | Board shall consist of the following 11 voting members: | ||||||
9 | (1) The Director of the State Police, or his or her | ||||||
10 | designee, who shall serve as chairman. | ||||||
11 | (2) The Executive Director of the Commission, or his or | ||||||
12 | her designee. | ||||||
13 | (3) Nine members appointed by the Governor as follows: | ||||||
14 | (A) one member representing the Illinois chapter | ||||||
15 | of the National Emergency Number Association, or his or | ||||||
16 | her designee; | ||||||
17 | (B) one member representing the Illinois chapter | ||||||
18 | of the Association of Public-Safety Communications | ||||||
19 | Officials, or his or her designee; | ||||||
20 | (C) one member representing a county 9-1-1 system | ||||||
21 | from a county with a population of less than 50,000; | ||||||
22 | (D) one member representing a county 9-1-1 system | ||||||
23 | from a county with a population between 50,000 and | ||||||
24 | 250,000; | ||||||
25 | (E) one member representing a county 9-1-1 system |
| |||||||
| |||||||
1 | from a county with a population of more than 250,000; | ||||||
2 | (F) one member representing a municipality with a | ||||||
3 | population of less than 500,000 in a county with a | ||||||
4 | population in excess of 2,000,000; | ||||||
5 | (G) one member representing the Illinois | ||||||
6 | Association of Chiefs of Police; | ||||||
7 | (H) one member representing the Illinois Sheriffs' | ||||||
8 | Association; and | ||||||
9 | (I) one member representing the Illinois Fire | ||||||
10 | Chiefs Association. | ||||||
11 | The Governor shall appoint the following non-voting | ||||||
12 | members: (i) one member representing an incumbent local | ||||||
13 | exchange 9-1-1 system provider; (ii) one member representing a | ||||||
14 | non-incumbent local exchange 9-1-1 system provider; (iii) one | ||||||
15 | member representing a large wireless carrier; (iv) one member | ||||||
16 | representing an incumbent local exchange a small wireless | ||||||
17 | carrier; and (v) one member representing the Illinois | ||||||
18 | Telecommunications Association ; (vi) one member representing | ||||||
19 | the Cable Television and Communication Association of | ||||||
20 | Illinois; and (vii) one member representing the Illinois State | ||||||
21 | Ambulance Association . The Speaker of the House of | ||||||
22 | Representatives, the Minority Leader of the House of | ||||||
23 | Representatives, the President of the Senate, and the Minority | ||||||
24 | Leader of the Senate may each appoint a member of the General | ||||||
25 | Assembly to temporarily serve as a non-voting member of the | ||||||
26 | Board during the 12 months prior to the repeal date of this Act |
| |||||||
| |||||||
1 | to discuss legislative initiatives of the Board. | ||||||
2 | (b) The Governor shall make initial appointments to the | ||||||
3 | Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the | ||||||
4 | voting members appointed by the Governor shall serve an initial | ||||||
5 | term of 2 years, and the remaining voting members appointed by | ||||||
6 | the Governor shall serve an initial term of 3 years. | ||||||
7 | Thereafter, each appointment by the Governor shall be for a | ||||||
8 | term of 3 years. Non-voting members shall serve for a term of 3 | ||||||
9 | years. Vacancies shall be filled in the same manner as the | ||||||
10 | original appointment. Persons appointed to fill a vacancy shall | ||||||
11 | serve for the balance of the unexpired term. | ||||||
12 | Members of the Statewide 9-1-1 Advisory Board shall serve | ||||||
13 | without compensation. | ||||||
14 | (c) The 9-1-1 Services Advisory Board, as constituted on | ||||||
15 | June 1, 2015 without the legislative members, shall serve in | ||||||
16 | the role of the Statewide 9-1-1 Advisory Board until all | ||||||
17 | appointments of voting members have been made by the Governor | ||||||
18 | under subsection (a) of this Section. | ||||||
19 | (d) The Statewide 9-1-1 Advisory Board shall: | ||||||
20 | (1) advise the Department of State Police and the | ||||||
21 | Statewide 9-1-1 Administrator on the oversight of 9-1-1 | ||||||
22 | systems and the development and implementation of a uniform | ||||||
23 | statewide 9-1-1 system; | ||||||
24 | (2) make recommendations to the Governor and the | ||||||
25 | General Assembly regarding improvements to 9-1-1 services | ||||||
26 | throughout the State; and |
| |||||||
| |||||||
1 | (3) exercise all other powers and duties provided in | ||||||
2 | this Act. | ||||||
3 | (e) The Statewide 9-1-1 Advisory Board shall submit to the | ||||||
4 | General Assembly a report by March 1 of each year providing an | ||||||
5 | update on the transition to a statewide 9-1-1 system and | ||||||
6 | recommending any legislative action. | ||||||
7 | (f) The Department of State Police shall provide | ||||||
8 | administrative support to the Statewide 9-1-1 Advisory Board.
| ||||||
9 | (Source: P.A. 99-6, eff. 6-29-15.) | ||||||
10 | (50 ILCS 750/20) | ||||||
11 | Sec. 20. Statewide surcharge. | ||||||
12 | (a) On and after January 1, 2016, and except with respect | ||||||
13 | to those customers who are subject to surcharges as provided in | ||||||
14 | Sections 15.3 and 15.3a of this Act, a monthly surcharge shall | ||||||
15 | be imposed on all customers of telecommunications carriers and | ||||||
16 | wireless carriers as follows: | ||||||
17 | (1) Each telecommunications carrier shall impose a | ||||||
18 | monthly surcharge of $0.87 per network connection; | ||||||
19 | provided, however, the monthly surcharge shall not apply to | ||||||
20 | a network connection provided for use with pay telephone | ||||||
21 | services. Where multiple voice grade communications | ||||||
22 | channels are connected between the subscriber's premises | ||||||
23 | and a public switched network through private branch | ||||||
24 | exchange (PBX) , or centrex type service , or other multiple | ||||||
25 | voice grade communication channels facility, there shall |
| |||||||
| |||||||
1 | be imposed 5 such surcharges per network connection for | ||||||
2 | both regular service and advanced service provisioned | ||||||
3 | trunk lines. Until December 31, 2017, the surcharge shall | ||||||
4 | be $0.87 per network connection and on and after January 1, | ||||||
5 | 2018, the surcharge shall be $1.50 per network connection. | ||||||
6 | (2) Each wireless carrier shall impose and collect a | ||||||
7 | monthly surcharge of $0.87 per CMRS connection that either | ||||||
8 | has a telephone number within an area code assigned to | ||||||
9 | Illinois by the North American Numbering Plan | ||||||
10 | Administrator or has a billing address in this State. Until | ||||||
11 | December 31, 2017, the surcharge shall be $0.87 per | ||||||
12 | connection and on and after January 1, 2018, the surcharge | ||||||
13 | shall be $1.50 per connection. | ||||||
14 | (b) State and local taxes shall not apply to the surcharges | ||||||
15 | imposed under this Section. | ||||||
16 | (c) The surcharges imposed by this Section shall be stated | ||||||
17 | as a separately stated item on subscriber bills. | ||||||
18 | (d) The telecommunications carrier collecting the | ||||||
19 | surcharge may deduct and retain an amount not to exceed shall | ||||||
20 | also be entitled to deduct 3% of the gross amount of surcharge | ||||||
21 | collected to reimburse the telecommunications carrier for the | ||||||
22 | expense of accounting and collecting the surcharge. On and | ||||||
23 | after July 1, 2022, the wireless carrier collecting a surcharge | ||||||
24 | under this Section may deduct and retain an amount not to | ||||||
25 | exceed shall be entitled to deduct up to 3% of the gross amount | ||||||
26 | of the surcharge collected to reimburse the wireless carrier |
| |||||||
| |||||||
1 | for the expense of accounting and collecting the surcharge. | ||||||
2 | (e) Surcharges imposed under this Section shall be | ||||||
3 | collected by the carriers and shall be remitted to the | ||||||
4 | Department , within 30 days of collection, remitted, either by | ||||||
5 | check or electronic funds transfer, by the end of the next | ||||||
6 | calendar month after the calendar month in which it was | ||||||
7 | collected to the Department for deposit into the Statewide | ||||||
8 | 9-1-1 Fund. Carriers are not required to remit surcharge moneys | ||||||
9 | that are billed to subscribers but not yet collected. | ||||||
10 | The first remittance by wireless carriers shall include the | ||||||
11 | number of subscribers by zip code, and the 9-digit zip code if | ||||||
12 | currently being used or later implemented by the carrier, that | ||||||
13 | shall be the means by which the Department shall determine | ||||||
14 | distributions from the Statewide 9-1-1 Fund. This information | ||||||
15 | shall be updated at least once each year. Any carrier that | ||||||
16 | fails to provide the zip code information required under this | ||||||
17 | subsection (e) shall be subject to the penalty set forth in | ||||||
18 | subsection (g) of this Section. | ||||||
19 | (f) If, within 8 calendar 5 business days after it is due | ||||||
20 | under subsection (e) of this Section, a carrier does not remit | ||||||
21 | the surcharge or any portion thereof required under this | ||||||
22 | Section, then the surcharge or portion thereof shall be deemed | ||||||
23 | delinquent until paid in full, and the Department may impose a | ||||||
24 | penalty against the carrier in an amount equal to the greater | ||||||
25 | of: | ||||||
26 | (1) $25 for each month or portion of a month from the |
| |||||||
| |||||||
1 | time an amount becomes delinquent until the amount is paid | ||||||
2 | in full; or | ||||||
3 | (2) an amount equal to the product of 1% and the sum of | ||||||
4 | all delinquent amounts for each month or portion of a month | ||||||
5 | that the delinquent amounts remain unpaid. | ||||||
6 | A penalty imposed in accordance with this subsection (f) | ||||||
7 | for a portion of a month during which the carrier pays the | ||||||
8 | delinquent amount in full shall be prorated for each day of | ||||||
9 | that month that the delinquent amount was paid in full. Any | ||||||
10 | penalty imposed under this subsection (f) is in addition to the | ||||||
11 | amount of the delinquency and is in addition to any other | ||||||
12 | penalty imposed under this Section. | ||||||
13 | (g) If, within 8 calendar 5 business days after it is due, | ||||||
14 | a wireless carrier does not provide the number of subscribers | ||||||
15 | by zip code as required under subsection (e) of this Section, | ||||||
16 | then the report is deemed delinquent and the Department may | ||||||
17 | impose a penalty against the carrier in an amount equal to the | ||||||
18 | greater of: | ||||||
19 | (1) $25 for each month or portion of a month that the | ||||||
20 | report is delinquent; or | ||||||
21 | (2) an amount equal to the product of $0.01 and the | ||||||
22 | number of subscribers served by the carrier for each month | ||||||
23 | or portion of a month that the delinquent report is not | ||||||
24 | provided . | ||||||
25 | A penalty imposed in accordance with this subsection (g) | ||||||
26 | for a portion of a month during which the carrier provides the |
| |||||||
| |||||||
1 | number of subscribers by zip code as required under subsection | ||||||
2 | (e) of this Section shall be prorated for each day of that | ||||||
3 | month during which the carrier had not provided the number of | ||||||
4 | subscribers by zip code as required under subsection (e) of | ||||||
5 | this Section. Any penalty imposed under this subsection (g) is | ||||||
6 | in addition to any other penalty imposed under this Section. | ||||||
7 | (h) A penalty imposed and collected in accordance with | ||||||
8 | subsection (f) or (g) of this Section shall be deposited into | ||||||
9 | the Statewide 9-1-1 Fund for distribution according to Section | ||||||
10 | 30 of this Act. | ||||||
11 | (i) The Department may enforce the collection of any | ||||||
12 | delinquent amount and any penalty due and unpaid under this | ||||||
13 | Section by legal action or in any other manner by which the | ||||||
14 | collection of debts due the State of Illinois may be enforced | ||||||
15 | under the laws of this State. The Department may excuse the | ||||||
16 | payment of any penalty imposed under this Section if the | ||||||
17 | Administrator determines that the enforcement of this penalty | ||||||
18 | is unjust. | ||||||
19 | (j) Notwithstanding any provision of law to the contrary, | ||||||
20 | nothing shall impair the right of wireless carriers to recover | ||||||
21 | compliance costs for all emergency communications services | ||||||
22 | that are not reimbursed out of the Wireless Carrier | ||||||
23 | Reimbursement Fund directly from their wireless subscribers by | ||||||
24 | line-item charges on the wireless subscriber's bill. Those | ||||||
25 | compliance costs include all costs incurred by wireless | ||||||
26 | carriers in complying with local, State, and federal regulatory |
| |||||||
| |||||||
1 | or legislative mandates that require the transmission and | ||||||
2 | receipt of emergency communications to and from the general | ||||||
3 | public, including, but not limited to, E9-1-1.
| ||||||
4 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
5 | (50 ILCS 750/30) | ||||||
6 | Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||||||
7 | (a) A special fund in the State treasury known as the | ||||||
8 | Wireless Service Emergency Fund shall be renamed the Statewide | ||||||
9 | 9-1-1 Fund. Any appropriations made from the Wireless Service | ||||||
10 | Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||||||
11 | The Fund shall consist of the following: | ||||||
12 | (1) 9-1-1 wireless surcharges assessed under the | ||||||
13 | Wireless Emergency Telephone Safety Act. | ||||||
14 | (2) 9-1-1 surcharges assessed under Section 20 of this | ||||||
15 | Act. | ||||||
16 | (3) Prepaid wireless 9-1-1 surcharges assessed under | ||||||
17 | Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
18 | (4) Any appropriations, grants, or gifts made to the | ||||||
19 | Fund. | ||||||
20 | (5) Any income from interest, premiums, gains, or other | ||||||
21 | earnings on moneys in the Fund. | ||||||
22 | (6) Money from any other source that is deposited in or | ||||||
23 | transferred to the Fund. | ||||||
24 | (b) Subject to appropriation and availability of funds , the | ||||||
25 | Department shall distribute the 9-1-1 surcharges monthly as |
| |||||||
| |||||||
1 | follows: | ||||||
2 | (1) From each surcharge collected and remitted under | ||||||
3 | Section 20 of this Act: | ||||||
4 | (A) $0.013 shall be distributed monthly in equal | ||||||
5 | amounts to each County Emergency Telephone System | ||||||
6 | Board or qualified governmental entity in counties | ||||||
7 | with a population under 100,000 according to the most | ||||||
8 | recent census data which is authorized to serve as a | ||||||
9 | primary wireless 9-1-1 public safety answering point | ||||||
10 | for the county and to provide wireless 9-1-1 service as | ||||||
11 | prescribed by subsection (b) of Section 15.6a of this | ||||||
12 | Act, and which does provide such service. | ||||||
13 | (B) $0.033 shall be transferred by the Comptroller | ||||||
14 | at the direction of the Department to the Wireless | ||||||
15 | Carrier Reimbursement Fund until June 30, 2017; from | ||||||
16 | July 1, 2017 through June 30, 2018, $0.026 shall be | ||||||
17 | transferred; from July 1, 2018 through June 30, 2019, | ||||||
18 | $0.020 shall be transferred; from July 1, 2019, through | ||||||
19 | June 30, 2020, $0.013 shall be transferred; from July | ||||||
20 | 1, 2020 through June 30, 2021, $0.007 will be | ||||||
21 | transferred; and after June 30, 2021, no transfer shall | ||||||
22 | be made to the Wireless Carrier Reimbursement Fund. | ||||||
23 | (C) Until December 31, 2017, $0.007 and on and | ||||||
24 | after January 1, 2018, $0.017 shall be used to cover | ||||||
25 | the Department's administrative costs. | ||||||
26 | (D) Beginning January 1, 2018, until June 30, 2020, |
| |||||||
| |||||||
1 | $0.12, and on and after July 1, 2020, $0.04 shall be | ||||||
2 | used to make monthly proportional grants to the | ||||||
3 | appropriate 9-1-1 Authority currently taking wireless | ||||||
4 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
5 | the billing addresses of subscribers wireless | ||||||
6 | carriers. | ||||||
7 | (E) Until June 30, 2020, $0.05 shall be used by the | ||||||
8 | Department for grants for NG9-1-1 expenses, with | ||||||
9 | priority given to 9-1-1 Authorities that provide 9-1-1 | ||||||
10 | service within the territory of a Large Electing | ||||||
11 | Provider as defined in Section 13-406.1 of the Public | ||||||
12 | Utilities Act. | ||||||
13 | (F) On and after July 1, 2020, $0.13 shall be used | ||||||
14 | for the implementation of and continuing expenses for | ||||||
15 | the Statewide NG9-1-1 system. | ||||||
16 | (2) After disbursements under paragraph (1) of this | ||||||
17 | subsection (b), all remaining funds in the Statewide 9-1-1 | ||||||
18 | Fund shall be disbursed in the following priority order: | ||||||
19 | (A) The Fund shall will pay monthly to: | ||||||
20 | (i) the 9-1-1 Authorities that imposed | ||||||
21 | surcharges under Section 15.3 of this Act and were | ||||||
22 | required to report to the Illinois Commerce | ||||||
23 | Commission under Section 27 of the Wireless | ||||||
24 | Emergency Telephone Safety Act on October 1, 2014, | ||||||
25 | except a 9-1-1 Authority in a municipality with a | ||||||
26 | population in excess of 500,000, an amount equal to |
| |||||||
| |||||||
1 | the average monthly wireline and VoIP surcharge | ||||||
2 | revenue attributable to the most recent 12-month | ||||||
3 | period reported to the Department under that | ||||||
4 | Section for the October 1, 2014 filing, subject to | ||||||
5 | the power of the Department to investigate the | ||||||
6 | amount reported and adjust the number by order | ||||||
7 | under Article X of the Public Utilities Act, so | ||||||
8 | that the monthly amount paid under this item | ||||||
9 | accurately reflects one-twelfth of the aggregate | ||||||
10 | wireline and VoIP surcharge revenue properly | ||||||
11 | attributable to the most recent 12-month period | ||||||
12 | reported to the Commission; or | ||||||
13 | (ii) county qualified governmental entities | ||||||
14 | that did not impose a surcharge under Section 15.3 | ||||||
15 | as of December 31, 2015, and counties that did not | ||||||
16 | impose a surcharge as of June 30, 2015, an amount | ||||||
17 | equivalent to their population multiplied by .37 | ||||||
18 | multiplied by the rate of $0.69; counties that are | ||||||
19 | not county qualified governmental entities and | ||||||
20 | that did not impose a surcharge as of December 31, | ||||||
21 | 2015, shall not begin to receive the payment | ||||||
22 | provided for in this subsection until E9-1-1 and | ||||||
23 | wireless E9-1-1 services are provided within their | ||||||
24 | counties; or | ||||||
25 | (iii) counties without 9-1-1 service that had | ||||||
26 | a surcharge in place by December 31, 2015, an |
| |||||||
| |||||||
1 | amount equivalent to their population multiplied | ||||||
2 | by .37 multiplied by their surcharge rate as | ||||||
3 | established by the referendum. | ||||||
4 | (B) All 9-1-1 network costs for systems outside of | ||||||
5 | municipalities with a population of at least 500,000 | ||||||
6 | shall be paid by the Department directly to the | ||||||
7 | vendors. | ||||||
8 | (C) All expenses incurred by the Administrator and | ||||||
9 | the Statewide 9-1-1 Advisory Board and costs | ||||||
10 | associated with procurement under Section 15.6b | ||||||
11 | including requests for information and requests for | ||||||
12 | proposals. | ||||||
13 | (D) Funds may be held in reserve by the Statewide | ||||||
14 | 9-1-1 Advisory Board and disbursed by the Department | ||||||
15 | for grants under Section 15.4b of this Act Sections | ||||||
16 | 15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5 | ||||||
17 | million per year in State fiscal years 2016 and 2017; | ||||||
18 | up to $20 $13.5 million in State fiscal year 2018; up | ||||||
19 | to $20.9 $14.4 million in State fiscal year 2019; up to | ||||||
20 | $15.3 million in State fiscal year 2020; up to $16.2 | ||||||
21 | million in State fiscal year 2021; up to $23.1 million | ||||||
22 | in State fiscal year 2022; and up to $17.0 million per | ||||||
23 | year for State fiscal year 2023 and each year | ||||||
24 | thereafter. The amount held in reserve in State fiscal | ||||||
25 | years 2018 and 2019 shall not be less than $6.5 | ||||||
26 | million. Disbursements under this subparagraph (D) |
| |||||||
| |||||||
1 | shall be prioritized as follows: (i) consolidation | ||||||
2 | grants prioritized under subsection (a) of Section | ||||||
3 | 15.4b of this Act; (ii) NG9-1-1 expenses; and (iii) | ||||||
4 | consolidation grants under Section 15.4b of this Act | ||||||
5 | for consolidation expenses incurred between January 1, | ||||||
6 | 2010, and January 1, 2016. | ||||||
7 | (E) All remaining funds per remit month shall be | ||||||
8 | used to make monthly proportional grants to the | ||||||
9 | appropriate 9-1-1 Authority currently taking wireless | ||||||
10 | 9-1-1 based upon the United States Postal Zip Code of | ||||||
11 | the billing addresses of subscribers of wireless | ||||||
12 | carriers. | ||||||
13 | (c) The moneys deposited into the Statewide 9-1-1 Fund | ||||||
14 | under this Section shall not be subject to administrative | ||||||
15 | charges or chargebacks unless otherwise authorized by this Act. | ||||||
16 | (d) Whenever two or more 9-1-1 Authorities consolidate, the | ||||||
17 | resulting Joint Emergency Telephone System Board shall be | ||||||
18 | entitled to the monthly payments that had theretofore been made | ||||||
19 | to each consolidating 9-1-1 Authority. Any reserves held by any | ||||||
20 | consolidating 9-1-1 Authority shall be transferred to the | ||||||
21 | resulting Joint Emergency Telephone System Board. Whenever a | ||||||
22 | county that has no 9-1-1 service as of January 1, 2016 enters | ||||||
23 | into an agreement to consolidate to create or join a Joint | ||||||
24 | Emergency Telephone System Board, the Joint Emergency | ||||||
25 | Telephone System Board shall be entitled to the monthly | ||||||
26 | payments that would have otherwise been paid to the county if |
| |||||||
| |||||||
1 | it had provided 9-1-1 service.
| ||||||
2 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
3 | (50 ILCS 750/35) | ||||||
4 | Sec. 35. 9-1-1 surcharge; allowable expenditures. Except | ||||||
5 | as otherwise provided in this Act, expenditures from surcharge | ||||||
6 | revenues received under this Act may be made by municipalities, | ||||||
7 | counties, and 9-1-1 Authorities only to pay for the costs | ||||||
8 | associated with the following: | ||||||
9 | (1) The design of the Emergency Telephone System. | ||||||
10 | (2) The coding of an initial Master Street Address | ||||||
11 | Guide database, and update and maintenance thereof. | ||||||
12 | (3) The repayment of any moneys advanced for the | ||||||
13 | implementation of the system. | ||||||
14 | (4) The charges for Automatic Number Identification | ||||||
15 | and Automatic Location Identification equipment, a | ||||||
16 | computer aided dispatch system that records, maintains, | ||||||
17 | and integrates information, mobile data transmitters | ||||||
18 | equipped with automatic vehicle locators, and maintenance, | ||||||
19 | replacement, and update thereof to increase operational | ||||||
20 | efficiency and improve the provision of emergency | ||||||
21 | services. | ||||||
22 | (5) The non-recurring charges related to installation | ||||||
23 | of the Emergency Telephone System. | ||||||
24 | (6) The initial acquisition and installation, or the | ||||||
25 | reimbursement of costs therefor to other governmental |
| |||||||
| |||||||
1 | bodies that have incurred those costs, of road or street | ||||||
2 | signs that are essential to the implementation of the | ||||||
3 | Emergency Telephone System and that are not duplicative of | ||||||
4 | signs that are the responsibility of the jurisdiction | ||||||
5 | charged with maintaining road and street signs. Funds may | ||||||
6 | not be used for ongoing expenses associated with road or | ||||||
7 | street sign maintenance and replacement. | ||||||
8 | (7) Other products and services necessary for the | ||||||
9 | implementation, upgrade, and maintenance of the system and | ||||||
10 | any other purpose related to the operation of the system, | ||||||
11 | including costs attributable directly to the construction, | ||||||
12 | leasing, or maintenance of any buildings or facilities or | ||||||
13 | costs of personnel attributable directly to the operation | ||||||
14 | of the system. Costs attributable directly to the operation | ||||||
15 | of an emergency telephone system do not include the costs | ||||||
16 | of public safety agency personnel who are and equipment | ||||||
17 | that is dispatched in response to an emergency call. | ||||||
18 | (8) The defraying of expenses incurred to implement | ||||||
19 | Next Generation 9-1-1, subject to the conditions set forth | ||||||
20 | in this Act. | ||||||
21 | (9) The implementation of a computer aided dispatch | ||||||
22 | system or hosted supplemental 9-1-1 services. | ||||||
23 | (10) The design, implementation, operation, | ||||||
24 | maintenance, or upgrade of wireless 9-1-1 , or E9-1-1 , or | ||||||
25 | NG9-1-1 emergency services and public safety answering | ||||||
26 | points. |
| |||||||
| |||||||
1 | Moneys in the Statewide 9-1-1 Fund may also be transferred | ||||||
2 | to a participating fire protection district to reimburse | ||||||
3 | volunteer firefighters who man remote telephone switching | ||||||
4 | facilities when dedicated 9-1-1 lines are down. | ||||||
5 | In the case of a municipality with a population over | ||||||
6 | 500,000, moneys may also be used for any anti-terrorism or | ||||||
7 | emergency preparedness measures, including, but not limited | ||||||
8 | to, preparedness planning, providing local matching funds for | ||||||
9 | federal or State grants, personnel training, and specialized | ||||||
10 | equipment, including surveillance cameras, as needed to deal | ||||||
11 | with natural and terrorist-inspired emergency situations or | ||||||
12 | events.
| ||||||
13 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
14 | (50 ILCS 750/40) | ||||||
15 | Sec. 40. Financial reports. | ||||||
16 | (a) The Department shall create uniform accounting | ||||||
17 | procedures, with such modification as may be required to give | ||||||
18 | effect to statutory provisions applicable only to | ||||||
19 | municipalities with a population in excess of 500,000, that any | ||||||
20 | emergency telephone system board, qualified governmental | ||||||
21 | entity, or unit of local government receiving surcharge money | ||||||
22 | pursuant to Section 15.3, 15.3a, or 30 of this Act must follow. | ||||||
23 | (b) By January 31, 2018, and every January 31 thereafter | ||||||
24 | October 1, 2016, and every October 1 thereafter , each emergency | ||||||
25 | telephone system board, qualified governmental entity, or unit |
| |||||||
| |||||||
1 | of local government receiving surcharge money pursuant to | ||||||
2 | Section 15.3, 15.3a, or 30 shall report to the Department | ||||||
3 | audited financial statements showing total revenue and | ||||||
4 | expenditures for the period beginning with the end of the | ||||||
5 | period covered by the last submitted report through the end of | ||||||
6 | the previous calendar year previous fiscal year in a form and | ||||||
7 | manner as prescribed by the Department. Such financial | ||||||
8 | information shall include: | ||||||
9 | (1) a detailed summary of revenue from all sources | ||||||
10 | including, but not limited to, local, State, federal, and | ||||||
11 | private revenues, and any other funds received; | ||||||
12 | (2) all expenditures made during the reporting period | ||||||
13 | from distributions under this Act; operating expenses, | ||||||
14 | capital expenditures, and cash balances; and | ||||||
15 | (3) call data and statistics, when available, from the | ||||||
16 | reporting period, as specified by the Department and | ||||||
17 | collected in accordance with any reporting method | ||||||
18 | established or required such other financial information | ||||||
19 | that is relevant to the provision of 9-1-1 services as | ||||||
20 | determined by the Department ; . | ||||||
21 | (4) all costs associated with dispatching appropriate | ||||||
22 | public safety agencies to respond to 9-1-1 calls received | ||||||
23 | by the PSAP; and | ||||||
24 | (5) all funding sources and amounts of funding used for | ||||||
25 | costs described in paragraph (4) of this subsection (b). | ||||||
26 | The emergency telephone system board, qualified |
| |||||||
| |||||||
1 | governmental entity, or unit of local government is responsible | ||||||
2 | for any costs associated with auditing such financial | ||||||
3 | statements. The Department shall post the audited financial | ||||||
4 | statements on the Department's website. | ||||||
5 | (c) Along with its audited financial statement, each | ||||||
6 | emergency telephone system board, qualified governmental | ||||||
7 | entity, or unit of local government receiving a grant under | ||||||
8 | Section 15.4b of this Act shall include a report of the amount | ||||||
9 | of grant moneys received and how the grant moneys were used. In | ||||||
10 | case of a conflict between this requirement and the Grant | ||||||
11 | Accountability and Transparency Act, or with the rules of the | ||||||
12 | Governor's Office of Management and Budget adopted thereunder, | ||||||
13 | that Act and those rules shall control. | ||||||
14 | (d) If an emergency telephone system board or qualified | ||||||
15 | governmental entity that receives funds from the Statewide | ||||||
16 | 9-1-1 Fund fails to file the 9-1-1 system financial reports as | ||||||
17 | required under this Section, the Department shall suspend and | ||||||
18 | withhold monthly disbursements otherwise due to the emergency | ||||||
19 | telephone system board or qualified governmental entity under | ||||||
20 | Section 30 of this Act until the report is filed. | ||||||
21 | Any monthly disbursements that have been withheld for 12 | ||||||
22 | months or more shall be forfeited by the emergency telephone | ||||||
23 | system board or qualified governmental entity and shall be | ||||||
24 | distributed proportionally by the Department to compliant | ||||||
25 | emergency telephone system boards and qualified governmental | ||||||
26 | entities that receive funds from the Statewide 9-1-1 Fund. |
| |||||||
| |||||||
1 | Any emergency telephone system board or qualified | ||||||
2 | governmental entity not in compliance with this Section shall | ||||||
3 | be ineligible to receive any consolidation grant or | ||||||
4 | infrastructure grant issued under this Act. | ||||||
5 | (e) The Department may adopt emergency rules necessary to | ||||||
6 | implement the provisions of this Section.
| ||||||
7 | (f) Any findings or decisions of the Department under this | ||||||
8 | Section shall be deemed a final administrative decision and | ||||||
9 | shall be subject to judicial review under the Administrative | ||||||
10 | Review Law. | ||||||
11 | (g) Beginning October 1, 2017, the Department shall provide | ||||||
12 | a quarterly report to the Board of its expenditures from the | ||||||
13 | Statewide 9-1-1 Fund for the prior fiscal quarter. | ||||||
14 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
15 | (50 ILCS 750/45) | ||||||
16 | Sec. 45. Wireless Carrier Reimbursement Fund. | ||||||
17 | (a) A special fund in the State treasury known as the | ||||||
18 | Wireless Carrier Reimbursement Fund, which was created | ||||||
19 | previously under Section 30 of the Wireless Emergency Telephone | ||||||
20 | Safety Act, shall continue in existence without interruption | ||||||
21 | notwithstanding the repeal of that Act. Moneys in the Wireless | ||||||
22 | Carrier Reimbursement Fund may be used, subject to | ||||||
23 | appropriation, only (i) to reimburse wireless carriers for all | ||||||
24 | of their costs incurred in complying with the applicable | ||||||
25 | provisions of Federal Communications Commission wireless |
| |||||||
| |||||||
1 | enhanced 9-1-1 service mandates, and (ii) to pay the reasonable | ||||||
2 | and necessary costs of the Illinois Commerce Commission in | ||||||
3 | exercising its rights, duties, powers, and functions under this | ||||||
4 | Act. This reimbursement to wireless carriers may include, but | ||||||
5 | need not be limited to, the cost of designing, upgrading, | ||||||
6 | purchasing, leasing, programming, installing, testing, and | ||||||
7 | maintaining necessary data, hardware, and software and | ||||||
8 | associated operating and administrative costs and overhead. | ||||||
9 | (b) To recover costs from the Wireless Carrier | ||||||
10 | Reimbursement Fund, the wireless carrier shall submit sworn | ||||||
11 | invoices to the Illinois Commerce Commission. In no event may | ||||||
12 | any invoice for payment be approved for (i) costs that are not | ||||||
13 | related to compliance with the requirements established by the | ||||||
14 | wireless enhanced 9-1-1 mandates of the Federal Communications | ||||||
15 | Commission, or (ii) costs with respect to any wireless enhanced | ||||||
16 | 9-1-1 service that is not operable at the time the invoice is | ||||||
17 | submitted. | ||||||
18 | (c) If in any month the total amount of invoices submitted | ||||||
19 | to the Illinois Commerce Commission and approved for payment | ||||||
20 | exceeds the amount available in the Wireless Carrier | ||||||
21 | Reimbursement Fund, wireless carriers that have invoices | ||||||
22 | approved for payment shall receive a pro-rata share of the | ||||||
23 | amount available in the Wireless Carrier Reimbursement Fund | ||||||
24 | based on the relative amount of their approved invoices | ||||||
25 | available that month, and the balance of the payments shall be | ||||||
26 | carried into the following months until all of the approved |
| |||||||
| |||||||
1 | payments are made. | ||||||
2 | (d) A wireless carrier may not receive payment from the | ||||||
3 | Wireless Carrier Reimbursement Fund for its costs of providing | ||||||
4 | wireless enhanced 9-1-1 services in an area when a unit of | ||||||
5 | local government or emergency telephone system board provides | ||||||
6 | wireless 9-1-1 services in that area and was imposing and | ||||||
7 | collecting a wireless carrier surcharge prior to July 1, 1998. | ||||||
8 | (e) The Illinois Commerce Commission shall maintain | ||||||
9 | detailed records of all receipts and disbursements and shall | ||||||
10 | provide an annual accounting of all receipts and disbursements | ||||||
11 | to the Auditor General. | ||||||
12 | (f) The Illinois Commerce Commission must annually review | ||||||
13 | the balance in the Wireless Carrier Reimbursement Fund as of | ||||||
14 | June 30 of each year and shall direct the Comptroller to | ||||||
15 | transfer into the Statewide 9-1-1 Fund for distribution in | ||||||
16 | accordance with subsection (b) of Section 30 of this Act any | ||||||
17 | amount in excess of outstanding invoices as of June 30 of each | ||||||
18 | year. | ||||||
19 | (g) The Illinois Commerce Commission shall adopt rules to | ||||||
20 | govern the reimbursement process.
| ||||||
21 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
22 | (50 ILCS 750/50) | ||||||
23 | Sec. 50. Fund audits. The Auditor General shall conduct as | ||||||
24 | a part of its bi-annual audit, an audit of the Statewide 9-1-1 | ||||||
25 | Fund and the Wireless Carrier Reimbursement Fund for compliance |
| |||||||
| |||||||
1 | with the requirements of this Act. The audit shall include, but | ||||||
2 | not be limited to, the following determinations: | ||||||
3 | (1) Whether detailed records of all receipts and | ||||||
4 | disbursements from the Statewide 9-1-1 Fund and the | ||||||
5 | Wireless Carrier Reimbursement Fund are being maintained. | ||||||
6 | (2) Whether administrative costs charged to the funds | ||||||
7 | are adequately documented and are reasonable. | ||||||
8 | (3) Whether the procedures for making disbursements | ||||||
9 | and grants and providing reimbursements in accordance with | ||||||
10 | the Act are adequate. | ||||||
11 | (4) The status of the implementation of statewide 9-1-1 | ||||||
12 | service and Next Generation 9-1-1 service in Illinois. | ||||||
13 | The Illinois Commerce Commission, the Department of State | ||||||
14 | Police, and any other entity or person that may have | ||||||
15 | information relevant to the audit shall cooperate fully and | ||||||
16 | promptly with the Office of the Auditor General in conducting | ||||||
17 | the audit. The Auditor General shall commence the audit as soon | ||||||
18 | as possible and distribute the report upon completion in | ||||||
19 | accordance with Section 3-14 of the Illinois State Auditing | ||||||
20 | Act.
| ||||||
21 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
22 | (50 ILCS 750/55) | ||||||
23 | Sec. 55. Public disclosure. Because of the highly | ||||||
24 | competitive nature of the wireless telephone industry, public | ||||||
25 | disclosure of information about surcharge moneys paid by |
| |||||||
| |||||||
1 | wireless carriers could have the effect of stifling competition | ||||||
2 | to the detriment of the public and the delivery of wireless | ||||||
3 | 9-1-1 services. Therefore, the Illinois Commerce Commission, | ||||||
4 | the Department of State Police, governmental agencies, and | ||||||
5 | individuals with access to that information shall take | ||||||
6 | appropriate steps to prevent public disclosure of this | ||||||
7 | information. Information and data supporting the amount and | ||||||
8 | distribution of surcharge moneys collected and remitted by an | ||||||
9 | individual wireless carrier shall be deemed exempt information | ||||||
10 | for purposes of the Freedom of Information Act and shall not be | ||||||
11 | publicly disclosed. The gross amount paid by all carriers shall | ||||||
12 | not be deemed exempt and may be publicly disclosed.
| ||||||
13 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
14 | (50 ILCS 750/60) | ||||||
15 | Sec. 60. Interconnected VoIP providers. Interconnected | ||||||
16 | VoIP providers in Illinois shall be subject in a competitively | ||||||
17 | neutral manner to the same provisions of this Act as are | ||||||
18 | provided for telecommunications carriers. Interconnected VoIP | ||||||
19 | services shall not be considered an intrastate | ||||||
20 | telecommunications service for the purposes of this Act in a | ||||||
21 | manner inconsistent with federal law or Federal Communications | ||||||
22 | Commission regulation.
| ||||||
23 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
24 | (50 ILCS 750/75) |
| |||||||
| |||||||
1 | Sec. 75. Transfer of rights, functions, powers, duties, and | ||||||
2 | property to Department of State Police; rules and standards; | ||||||
3 | savings provisions. | ||||||
4 | (a) On January 1, 2016, the rights, functions, powers, and | ||||||
5 | duties of the Illinois Commerce Commission as set forth in this | ||||||
6 | Act and the Wireless Emergency Telephone Safety Act existing | ||||||
7 | prior to January 1, 2016, are transferred to and shall be | ||||||
8 | exercised by the Department of State Police. On or before | ||||||
9 | January 1, 2016, the Commission shall transfer and deliver to | ||||||
10 | the Department all books, records, documents, property (real | ||||||
11 | and personal), unexpended appropriations, and pending business | ||||||
12 | pertaining to the rights, powers, duties, and functions | ||||||
13 | transferred to the Department under Public Act 99-6. | ||||||
14 | (b) The rules and standards of the Commission that are in | ||||||
15 | effect on January 1, 2016 and that pertain to the rights, | ||||||
16 | powers, duties, and functions transferred to the Department | ||||||
17 | under Public Act 99-6 shall become the rules and standards of | ||||||
18 | the Department on January 1, 2016, and shall continue in effect | ||||||
19 | until amended or repealed by the Department. | ||||||
20 | Any rules pertaining to the rights, powers, duties, and | ||||||
21 | functions transferred to the Department under Public Act 99-6 | ||||||
22 | that have been proposed by the Commission but have not taken | ||||||
23 | effect or been finally adopted by January 1, 2016, shall become | ||||||
24 | proposed rules of the Department on January 1, 2016, and any | ||||||
25 | rulemaking procedures that have already been completed by the | ||||||
26 | Commission for those proposed rules need not be repealed. |
| |||||||
| |||||||
1 | As soon as it is practical after January 1, 2016, the | ||||||
2 | Department shall revise and clarify the rules transferred to it | ||||||
3 | under Public Act 99-6 to reflect the transfer of rights, | ||||||
4 | powers, duties, and functions effected by Public Act 99-6 using | ||||||
5 | the procedures for recodification of rules available under the | ||||||
6 | Illinois Administrative Procedure Act, except that existing | ||||||
7 | title, part, and section numbering for the affected rules may | ||||||
8 | be retained. The Department may propose and adopt under the | ||||||
9 | Illinois Administrative Procedure Act any other rules | ||||||
10 | necessary to consolidate and clarify those rules. | ||||||
11 | (c) The rights, powers, duties, and functions transferred | ||||||
12 | to the Department by Public Act 99-6 shall be vested in and | ||||||
13 | exercised by the Department subject to the provisions of this | ||||||
14 | Act and the Wireless Emergency Telephone Safety Act. An act | ||||||
15 | done by the Department or an officer, employee, or agent of the | ||||||
16 | Department in the exercise of the transferred rights, powers, | ||||||
17 | duties, and functions shall have the same legal effect as if | ||||||
18 | done by the Commission or an officer, employee, or agent of the | ||||||
19 | Commission. | ||||||
20 | The transfer of rights, powers, duties, and functions to | ||||||
21 | the Department under Public Act 99-6 does not invalidate any | ||||||
22 | previous action taken by or in respect to the Commission, its | ||||||
23 | officers, employees, or agents. References to the Commission or | ||||||
24 | its officers, employees, or agents in any document, contract, | ||||||
25 | agreement, or law shall, in appropriate contexts, be deemed to | ||||||
26 | refer to the Department or its officers, employees, or agents. |
| |||||||
| |||||||
1 | The transfer of rights, powers, duties, and functions to | ||||||
2 | the Department under Public Act 99-6 does not affect any | ||||||
3 | person's rights, obligations, or duties, including any civil or | ||||||
4 | criminal penalties applicable thereto, arising out of those | ||||||
5 | transferred rights, powers, duties, and functions. | ||||||
6 | Public Act 99-6 does not affect any act done, ratified, or | ||||||
7 | cancelled, any right occurring or established, or any action or | ||||||
8 | proceeding commenced in an administrative, civil, or criminal | ||||||
9 | case before January 1, 2016. Any such action or proceeding that | ||||||
10 | pertains to a right, power, duty, or function transferred to | ||||||
11 | the Department under Public Act 99-6 that is pending on that | ||||||
12 | date may be prosecuted, defended, or continued by the | ||||||
13 | Commission. | ||||||
14 | For the purposes of Section 9b of the State Finance Act, | ||||||
15 | the Department is the successor to the Commission with respect | ||||||
16 | to the rights, duties, powers, and functions transferred by | ||||||
17 | Public Act 99-6. | ||||||
18 | (d) The Department is authorized to enter into an | ||||||
19 | intergovernmental agreement with the Commission for the | ||||||
20 | purpose of having the Commission assist the Department and the | ||||||
21 | Statewide 9-1-1 Administrator in carrying out their duties and | ||||||
22 | functions under this Act. The agreement may provide for funding | ||||||
23 | for the Commission for its assistance to the Department and the | ||||||
24 | Statewide 9-1-1 Administrator.
| ||||||
25 | (Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16.) |
| |||||||
| |||||||
1 | (50 ILCS 750/80 new) | ||||||
2 | Sec. 80. Continuation of Act; validation. | ||||||
3 | (a) The General Assembly finds and declares that this | ||||||
4 | amendatory Act of the 100th General Assembly manifests the | ||||||
5 | intention of the General Assembly to extend the repeal of this | ||||||
6 | Act and have this Act continue in effect until December 31, | ||||||
7 | 2020. | ||||||
8 | (b) This Section shall be deemed to have been in continuous | ||||||
9 | effect since July 1, 2017 and it shall continue to be in effect | ||||||
10 | henceforward until it is otherwise lawfully repealed. All | ||||||
11 | previously enacted amendments to this Act taking effect on or | ||||||
12 | after July 1, 2017, are hereby validated. All actions taken in | ||||||
13 | reliance on or under this Act by the Department of State Police | ||||||
14 | or any other person or entity are hereby validated. | ||||||
15 | (c) In order to ensure the continuing effectiveness of this | ||||||
16 | Act, it is set forth in full and reenacted by this amendatory | ||||||
17 | Act of the 100th General Assembly. Striking and underscoring | ||||||
18 | are used only to show changes being made to the base text. This | ||||||
19 | reenactment is intended as a continuation of this Act. It is | ||||||
20 | not intended to supersede any amendment to this Act that is | ||||||
21 | enacted by the 100th General Assembly. | ||||||
22 | (50 ILCS 750/99) | ||||||
23 | Sec. 99. Repealer. This Act is repealed on December 31, | ||||||
24 | 2020 July 1, 2017 .
| ||||||
25 | (Source: P.A. 99-6, eff. 6-29-15.) |
| |||||||
| |||||||
1 | Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is | ||||||
2 | amended by changing Section 15 as follows: | ||||||
3 | (50 ILCS 753/15)
| ||||||
4 | Sec. 15. Prepaid wireless 9-1-1 surcharge. | ||||||
5 | (a) Until September 30, 2015, there is hereby imposed on | ||||||
6 | consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail | ||||||
7 | transaction. Beginning October 1, 2015, the prepaid wireless | ||||||
8 | 9-1-1 surcharge shall be 3% per retail transaction.
The | ||||||
9 | surcharge authorized by this subsection (a) does not apply in a | ||||||
10 | home rule municipality having a population in excess of | ||||||
11 | 500,000. | ||||||
12 | (a-5) On or after the effective date of this amendatory Act | ||||||
13 | of the 98th General Assembly and until December 31, 2020, July | ||||||
14 | 1, 2017, a home rule municipality having a population in excess | ||||||
15 | of 500,000 on the effective date of this amendatory Act may | ||||||
16 | impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per | ||||||
17 | retail transaction sourced to that jurisdiction and collected | ||||||
18 | and remitted in accordance with the provisions of subsection | ||||||
19 | (b-5) of this Section. On or after January 1, 2021, July 1, | ||||||
20 | 2017, a home rule municipality having a population in excess of | ||||||
21 | 500,000 on the effective date of this Act may only impose a | ||||||
22 | prepaid wireless 9-1-1 surcharge not to exceed 7% per retail | ||||||
23 | transaction sourced to that jurisdiction and collected and | ||||||
24 | remitted in accordance with the provisions of subsection (b-5). |
| |||||||
| |||||||
1 | (b) The prepaid wireless 9-1-1 surcharge shall be collected | ||||||
2 | by the seller from the consumer with respect to each retail | ||||||
3 | transaction occurring in this State and shall be remitted to | ||||||
4 | the Department by the seller as provided in this Act. The | ||||||
5 | amount of the prepaid wireless 9-1-1 surcharge shall be | ||||||
6 | separately stated as a distinct item apart from the charge for | ||||||
7 | the prepaid wireless telecommunications service on an invoice, | ||||||
8 | receipt, or other similar document that is provided to the | ||||||
9 | consumer by the seller or shall be otherwise disclosed to the | ||||||
10 | consumer.
If the seller does not separately state the surcharge | ||||||
11 | as a distinct item to the consumer as provided in this Section, | ||||||
12 | then the seller shall maintain books and records as required by | ||||||
13 | this Act which clearly identify the amount of the 9-1-1 | ||||||
14 | surcharge for retail transactions. | ||||||
15 | For purposes of this subsection (b), a retail transaction | ||||||
16 | occurs in this State if (i) the retail transaction is made in | ||||||
17 | person by a consumer at the seller's business location and the | ||||||
18 | business is located within the State; (ii) the seller is a | ||||||
19 | provider and sells prepaid wireless telecommunications service | ||||||
20 | to a consumer located in Illinois; (iii) the retail transaction | ||||||
21 | is treated as occurring in this State for purposes of the | ||||||
22 | Retailers' Occupation Tax Act; or (iv) a seller that is | ||||||
23 | included within the definition of a "retailer maintaining a | ||||||
24 | place of business in this State" under Section 2 of the Use Tax | ||||||
25 | Act makes a sale of prepaid wireless telecommunications service | ||||||
26 | to a consumer located in Illinois. In the case of a retail |
| |||||||
| |||||||
1 | transaction which does not occur in person at a seller's | ||||||
2 | business location, if a consumer uses a credit card to purchase | ||||||
3 | prepaid wireless telecommunications service on-line or over | ||||||
4 | the telephone, and no product is shipped to the consumer, the | ||||||
5 | transaction occurs in this State if the billing address for the | ||||||
6 | consumer's credit card is in this State. | ||||||
7 | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
8 | subsection (a-5) of this Section shall be collected by the | ||||||
9 | seller from the consumer with respect to each retail | ||||||
10 | transaction occurring in the municipality imposing the | ||||||
11 | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | ||||||
12 | shall be separately stated on an invoice, receipt, or other | ||||||
13 | similar document that is provided to the consumer by the seller | ||||||
14 | or shall be otherwise disclosed to the consumer. If the seller | ||||||
15 | does not separately state the surcharge as a distinct item to | ||||||
16 | the consumer as provided in this Section, then the seller shall | ||||||
17 | maintain books and records as required by this Act which | ||||||
18 | clearly identify the amount of the 9-1-1 surcharge for retail | ||||||
19 | transactions. | ||||||
20 | For purposes of this subsection (b-5), a retail transaction | ||||||
21 | occurs in the municipality if (i) the retail transaction is | ||||||
22 | made in person by a consumer at the seller's business location | ||||||
23 | and the business is located within the municipality; (ii) the | ||||||
24 | seller is a provider and sells prepaid wireless | ||||||
25 | telecommunications service to a consumer located in the | ||||||
26 | municipality; (iii) the retail transaction is treated as |
| |||||||
| |||||||
1 | occurring in the municipality for purposes of the Retailers' | ||||||
2 | Occupation Tax Act; or (iv) a seller that is included within | ||||||
3 | the definition of a "retailer maintaining a place of business | ||||||
4 | in this State" under Section 2 of the Use Tax Act makes a sale | ||||||
5 | of prepaid wireless telecommunications service to a consumer | ||||||
6 | located in the municipality. In the case of a retail | ||||||
7 | transaction which does not occur in person at a seller's | ||||||
8 | business location, if a consumer uses a credit card to purchase | ||||||
9 | prepaid wireless telecommunications service on-line or over | ||||||
10 | the telephone, and no product is shipped to the consumer, the | ||||||
11 | transaction occurs in the municipality if the billing address | ||||||
12 | for the consumer's credit card is in the municipality. | ||||||
13 | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | ||||||
14 | consumer and not on any provider. The seller shall be liable to | ||||||
15 | remit all prepaid wireless 9-1-1 surcharges that the seller | ||||||
16 | collects from consumers as provided in Section 20, including | ||||||
17 | all such surcharges that the seller is deemed to collect where | ||||||
18 | the amount of the surcharge has not been separately stated on | ||||||
19 | an invoice, receipt, or other similar document provided to the | ||||||
20 | consumer by the seller.
The surcharge collected or deemed | ||||||
21 | collected by a seller shall constitute a debt owed by the | ||||||
22 | seller to this State, and any such surcharge actually collected | ||||||
23 | shall be held in trust for the benefit of the Department. | ||||||
24 | For purposes of this subsection (c), the surcharge shall | ||||||
25 | not be imposed or collected from entities that have an active | ||||||
26 | tax exemption identification number issued by the Department |
| |||||||
| |||||||
1 | under Section 1g of the Retailers' Occupation Tax Act. | ||||||
2 | (d) The amount of the prepaid wireless 9-1-1 surcharge that | ||||||
3 | is collected by a seller from a consumer, if such amount is | ||||||
4 | separately stated on an invoice, receipt, or other similar | ||||||
5 | document provided to the consumer by the seller, shall not be | ||||||
6 | included in the base for measuring any tax, fee, surcharge, or | ||||||
7 | other charge that is imposed by this State, any political | ||||||
8 | subdivision of this State, or any intergovernmental agency.
| ||||||
9 | (e) (Blank).
| ||||||
10 | (e-5) Any changes in the rate of the surcharge imposed by a | ||||||
11 | municipality under the authority granted in subsection (a-5) of | ||||||
12 | this Section shall be effective on the first day of the first | ||||||
13 | calendar month to occur at least 60 days after the enactment of | ||||||
14 | the change. The Department shall provide not less than 30 days' | ||||||
15 | notice of the increase or reduction in the rate of such | ||||||
16 | surcharge on the Department's website. | ||||||
17 | (f) When prepaid wireless telecommunications service is | ||||||
18 | sold with one or more other products or services for a single, | ||||||
19 | non-itemized price, then the percentage specified in | ||||||
20 | subsection (a) or (a-5) of this Section 15 shall be applied to | ||||||
21 | the entire non-itemized price unless the seller elects to apply | ||||||
22 | the percentage to (i) the dollar amount of the prepaid wireless | ||||||
23 | telecommunications service if that dollar amount is disclosed | ||||||
24 | to the consumer or (ii) the portion of the price that is | ||||||
25 | attributable to the prepaid wireless telecommunications | ||||||
26 | service if the retailer can identify that portion by reasonable |
| |||||||
| |||||||
1 | and verifiable standards from its books and records that are | ||||||
2 | kept in the regular course of business for other purposes, | ||||||
3 | including, but not limited to, books and records that are kept | ||||||
4 | for non-tax purposes. However, if a minimal amount of prepaid | ||||||
5 | wireless telecommunications service is sold with a prepaid | ||||||
6 | wireless device for a single, non-itemized price, then the | ||||||
7 | seller may elect not to apply the percentage specified in | ||||||
8 | subsection (a) or (a-5) of this Section 15 to such transaction. | ||||||
9 | For purposes of this subsection, an amount of service | ||||||
10 | denominated as 10 minutes or less or $5 or less is considered | ||||||
11 | minimal.
| ||||||
12 | (g) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
13 | subsections (a) and (a-5) of this Section is not imposed on the | ||||||
14 | provider or the consumer for wireless Lifeline service where | ||||||
15 | the consumer does not pay the provider for the service. Where | ||||||
16 | the consumer purchases from the provider optional minutes, | ||||||
17 | texts, or other services in addition to the federally funded | ||||||
18 | Lifeline benefit, a consumer must pay the prepaid wireless | ||||||
19 | 9-1-1 surcharge, and it must be collected by the seller | ||||||
20 | according to subsection (b-5). | ||||||
21 | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.) | ||||||
22 | Section 25. The Public Utilities Act is amended by | ||||||
23 | reenacting Articles XIII and XXI, by changing Sections 13-102, | ||||||
24 | 13-103, 13-230, 13-301.1, 13-406, 13-703, 13-1200, 21-401, and | ||||||
25 | 21-1601, and by adding Sections 13-406.1, 13-904, and 21-1503 |
| |||||||
| |||||||
1 | as follows:
| ||||||
2 | (220 ILCS 5/Art. XIII heading) | ||||||
3 | ARTICLE XIII. TELECOMMUNICATIONS
| ||||||
4 | (220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)
| ||||||
5 | Sec. 13-100.
This Article shall be known and may be cited | ||||||
6 | as the
Universal Telephone Service Protection Law of 1985.
| ||||||
7 | (Source: P.A. 84-1063 .)
| ||||||
8 | (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
| ||||||
9 | Sec. 13-101. Application of Act to telecommunications | ||||||
10 | rates and
services. The Sections of this Act pertaining to
| ||||||
11 | public utilities, public utility rates and services, and the | ||||||
12 | regulation
thereof, are fully and equally applicable to | ||||||
13 | noncompetitive
telecommunications rates and services, and the | ||||||
14 | regulation thereof, except to the extent modified or | ||||||
15 | supplemented by the
specific provisions of this Article or
| ||||||
16 | where the context clearly renders such provisions | ||||||
17 | inapplicable. Articles I through IV, Sections 5-101, 5-106, | ||||||
18 | 5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501, | ||||||
19 | 8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510,
9-221, 9-222,
| ||||||
20 | 9-222.1,
9-222.2, 9-241, 9-250, and 9-252.1, and Article X of | ||||||
21 | this Act
are fully and equally applicable to the noncompetitive | ||||||
22 | and competitive services of an Electing Provider and to
| ||||||
23 | competitive telecommunications rates and services, and the |
| |||||||
| |||||||
1 | regulation
thereof except that Section 5-109 shall apply to the | ||||||
2 | services of an Electing Provider and to competitive | ||||||
3 | telecommunications rates and services only to the extent that | ||||||
4 | the Commission requires annual reports authorized by Section | ||||||
5 | 5-109, provided the telecommunications provider may use | ||||||
6 | generally accepted accounting practices or accounting systems | ||||||
7 | it uses for financial reporting purposes in the annual report, | ||||||
8 | and except that Sections 8-505 and 9-250 shall not apply to | ||||||
9 | competitive retail telecommunications services and Sections | ||||||
10 | 8-501 and 9-241 shall not apply to competitive services; in | ||||||
11 | addition, as to competitive telecommunications rates and
| ||||||
12 | services, and the regulation thereof, and with the exception of | ||||||
13 | competitive retail telecommunications service rates and | ||||||
14 | services, all rules and regulations
made by a | ||||||
15 | telecommunications carrier affecting or pertaining to its
| ||||||
16 | charges or service shall be just and reasonable.
As of the | ||||||
17 | effective date of this amendatory Act of the 92nd General
| ||||||
18 | Assembly,
Sections 4-202, 4-203,
and
5-202 of this Act shall | ||||||
19 | cease to apply to telecommunications rates and
services.
| ||||||
20 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
21 | (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
| ||||||
22 | Sec. 13-102. Findings. With respect to telecommunications | ||||||
23 | services, as
herein defined, the General Assembly finds that:
| ||||||
24 | (a) universally available and widely affordable | ||||||
25 | telecommunications
services are essential to the health, |
| |||||||
| |||||||
1 | welfare and prosperity of all Illinois
citizens;
| ||||||
2 | (b) federal regulatory and judicial rulings in the 1980s | ||||||
3 | caused a
restructuring of the telecommunications industry and | ||||||
4 | opened some
aspects of the industry to competitive entry, | ||||||
5 | thereby necessitating
revision of State telecommunications | ||||||
6 | regulatory policies and practices;
| ||||||
7 | (c) revisions in telecommunications regulatory policies | ||||||
8 | and practices in
Illinois beginning in the mid-1980s brought | ||||||
9 | the benefits of competition to
consumers in many | ||||||
10 | telecommunications markets, but not in local exchange
| ||||||
11 | telecommunications service markets;
| ||||||
12 | (d) the federal Telecommunications Act of 1996 established | ||||||
13 | the goal of
opening all telecommunications service markets to | ||||||
14 | competition and
accords to the states the responsibility to | ||||||
15 | establish and enforce
policies necessary to attain that goal;
| ||||||
16 | (e) it is in the immediate interest of the People of the | ||||||
17 | State of Illinois
for the State to exercise its rights within | ||||||
18 | the new framework of federal
telecommunications policy to | ||||||
19 | ensure that the economic benefits of competition
in all | ||||||
20 | telecommunications service markets are realized as
effectively | ||||||
21 | as possible;
| ||||||
22 | (f) the competitive offering of all telecommunications | ||||||
23 | services
will increase innovation and efficiency in the | ||||||
24 | provision of
telecommunications services and may lead to | ||||||
25 | reduced prices for consumers,
increased investment in | ||||||
26 | communications infrastructure, the creation of new
jobs, and |
| |||||||
| |||||||
1 | the attraction of new businesses to Illinois; and
| ||||||
2 | (g) protection of the public interest requires changes in | ||||||
3 | the regulation of
telecommunications carriers and services to | ||||||
4 | ensure, to the maximum feasible
extent, the reasonable and | ||||||
5 | timely development of effective competition in all
| ||||||
6 | telecommunications service markets ; .
| ||||||
7 | (h) Illinois residents rely on today's modern wired and | ||||||
8 | wireless Internet Protocol (IP) networks and services to | ||||||
9 | improve their lives by connecting them to school and college | ||||||
10 | degrees, work and job opportunities, family and friends, | ||||||
11 | information, and entertainment, as well as emergency | ||||||
12 | responders and public safety officials; Illinois businesses | ||||||
13 | rely on these modern IP networks and services to compete in a | ||||||
14 | global marketplace by expanding their customer base, managing | ||||||
15 | inventory and operations more efficiently, and offering | ||||||
16 | customers specialized and personalized products and services; | ||||||
17 | without question, Illinois residents and our State's economy | ||||||
18 | rely profoundly on the modern wired and wireless IP networks | ||||||
19 | and services in our State; | ||||||
20 | (i) the transition from 20th century traditional circuit | ||||||
21 | switched and other legacy telephone services to modern 21st | ||||||
22 | century next generation Internet Protocol (IP) services is | ||||||
23 | taking place at an extraordinary pace as Illinois consumers are | ||||||
24 | upgrading to home communications service using IP technology, | ||||||
25 | including high speed Internet, Voice over Internet Protocol, | ||||||
26 | and wireless service; |
| |||||||
| |||||||
1 | (j) this rapid transition to IP-based communications has | ||||||
2 | dramatically transformed the way people communicate and has | ||||||
3 | provided significant benefits to consumers in the form of | ||||||
4 | innovative functionalities resulting from the seamless | ||||||
5 | convergence of voice, video, and text, benefits realized by the | ||||||
6 | General Assembly when it chose to transition its own | ||||||
7 | telecommunications system to an all IP communications network | ||||||
8 | in 2016; | ||||||
9 | (k) the benefits of the transition to IP-based networks and | ||||||
10 | services were also recognized by the General Assembly in 2015 | ||||||
11 | through the enactment of legislation requiring that every 9-1-1 | ||||||
12 | emergency system in Illinois provide Next Generation 9-1-1 | ||||||
13 | service by July 1, 2020, and requiring that the Next Generation | ||||||
14 | 9-1-1 network must be an IP-based platform; and | ||||||
15 | (l) completing the transition to all IP-based networks and | ||||||
16 | technologies is in the public interest because it will promote | ||||||
17 | continued innovation, consumer benefits, increased | ||||||
18 | efficiencies, and increased investment in IP-based networks | ||||||
19 | and services. | ||||||
20 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
21 | (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
| ||||||
22 | Sec. 13-103. Policy. Consistent with its findings, the | ||||||
23 | General Assembly
declares that it is the policy of the State of | ||||||
24 | Illinois that:
| ||||||
25 | (a) telecommunications services should be
available to all |
| |||||||
| |||||||
1 | Illinois
citizens at just, reasonable, and affordable rates and | ||||||
2 | that such services
should be provided as widely and | ||||||
3 | economically as possible in sufficient
variety, quality, | ||||||
4 | quantity and reliability to satisfy the public interest;
| ||||||
5 | (b) consistent with the protection of consumers of
| ||||||
6 | telecommunications services and the furtherance of other | ||||||
7 | public interest
goals, competition in all telecommunications | ||||||
8 | service markets should be
pursued as a
substitute for | ||||||
9 | regulation in determining the variety, quality and price
of | ||||||
10 | telecommunications services and that the economic burdens of | ||||||
11 | regulation
should be reduced to the extent possible consistent | ||||||
12 | with the furtherance of
market competition and protection of | ||||||
13 | the
public interest;
| ||||||
14 | (c) all necessary and appropriate modifications to State | ||||||
15 | regulation of
telecommunications carriers and services should | ||||||
16 | be implemented without
unnecessary disruption to the | ||||||
17 | telecommunications
infrastructure
system or to consumers of
| ||||||
18 | telecommunications services and that it is necessary and | ||||||
19 | appropriate to
establish rules to encourage and ensure orderly
| ||||||
20 | transitions in the development of markets for all
| ||||||
21 | telecommunications services;
| ||||||
22 | (d) the consumers of telecommunications services and | ||||||
23 | facilities provided
by persons or companies subject to | ||||||
24 | regulation pursuant to this Act and Article
should be required | ||||||
25 | to pay only reasonable and non-discriminatory rates or
charges | ||||||
26 | and that in no case should rates or charges for non-competitive
|
| |||||||
| |||||||
1 | telecommunications services include any portion of the cost of | ||||||
2 | providing
competitive telecommunications services, as defined | ||||||
3 | in Section 13-209, or
the cost of any nonregulated activities;
| ||||||
4 | (e) the regulatory policies and procedures provided in this | ||||||
5 | Article are
established in recognition of the changing nature | ||||||
6 | of the telecommunications
industry and therefore should be | ||||||
7 | subject to systematic legislative review to
ensure that the | ||||||
8 | public benefits intended to result from such policies and
| ||||||
9 | procedures are fully realized; and
| ||||||
10 | (f) development of and prudent investment in advanced
| ||||||
11 | telecommunications services and networks that foster economic | ||||||
12 | development
of the State
should be encouraged through the | ||||||
13 | implementation and enforcement of policies
that promote | ||||||
14 | effective and sustained competition in all
telecommunications | ||||||
15 | service markets ; and .
| ||||||
16 | (g) completion of the transition to modern IP-based | ||||||
17 | networks should be encouraged through relief from the outdated | ||||||
18 | regulations that require continued investment in legacy | ||||||
19 | circuit switched networks from which Illinois consumers have | ||||||
20 | largely transitioned, while at the same time ensuring that | ||||||
21 | consumers have access to available alternative services that | ||||||
22 | provide quality voice service and access to emergency | ||||||
23 | communications. | ||||||
24 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
25 | (220 ILCS 5/13-201) (from Ch. 111 2/3, par. 13-201)
|
| |||||||
| |||||||
1 | Sec. 13-201.
Unless otherwise specified, the terms set | ||||||
2 | forth in
the following Sections preceding Section 13-301 of | ||||||
3 | this Article are
used in this Act and Article as herein | ||||||
4 | defined.
| ||||||
5 | (Source: P.A. 85-1405 .)
| ||||||
6 | (220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
| ||||||
7 | Sec. 13-202.
"Telecommunications carrier" means and | ||||||
8 | includes every
corporation, company, association, joint stock | ||||||
9 | company or association,
firm, partnership or individual, their | ||||||
10 | lessees, trustees or receivers
appointed by any court | ||||||
11 | whatsoever that owns, controls, operates or manages,
within | ||||||
12 | this State, directly or indirectly, for public use, any plant,
| ||||||
13 | equipment or property used or to be used for or in connection | ||||||
14 | with, or owns
or controls any franchise, license, permit or | ||||||
15 | right to engage in the
provision of, telecommunications | ||||||
16 | services between points within the State
which are specified by | ||||||
17 | the user. "Telecommunications carrier" includes an Electing | ||||||
18 | Provider, as defined in Section 13-506.2. Telecommunications | ||||||
19 | carrier does not
include, however:
| ||||||
20 | (a) telecommunications carriers that are owned and | ||||||
21 | operated by any
political subdivision, public or private | ||||||
22 | institution of higher education or
municipal corporation of | ||||||
23 | this State, for their own use, or
telecommunications carriers | ||||||
24 | that are owned by such political subdivision,
public or private | ||||||
25 | institution of higher education, or municipal corporation
and |
| |||||||
| |||||||
1 | operated by any of its lessees or operating agents, for their | ||||||
2 | own use;
| ||||||
3 | (b) telecommunications carriers which are purely mutual | ||||||
4 | concerns, having
no rates or charges for services, but paying | ||||||
5 | the operating expenses by
assessment upon the members of such a | ||||||
6 | company and no other person but does
include telephone or | ||||||
7 | telecommunications cooperatives as defined in
Section 13-212;
| ||||||
8 | (c) a company or person which provides telecommunications | ||||||
9 | services solely to
itself and its affiliates or members or | ||||||
10 | between points in the same building,
or between closely located | ||||||
11 | buildings, affiliated through substantial
common ownership, | ||||||
12 | control or development; or
| ||||||
13 | (d) a company or person engaged in the delivery of | ||||||
14 | community antenna
television services as described in | ||||||
15 | subdivision (c) of Section 13-203,
except with respect to the | ||||||
16 | provision of telecommunications services by that
company or | ||||||
17 | person.
| ||||||
18 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
19 | (220 ILCS 5/13-202.5)
| ||||||
20 | Sec. 13-202.5. Incumbent local exchange carrier. | ||||||
21 | "Incumbent local
exchange carrier" means, with respect to an | ||||||
22 | area, the telecommunications
carrier that
provided | ||||||
23 | noncompetitive local exchange telecommunications service in | ||||||
24 | that
area on
February 8, 1996, and on that date was deemed a | ||||||
25 | member of the exchange
carrier
association pursuant to 47 |
| |||||||
| |||||||
1 | C.F.R. 69.601(b), and includes its successors,
assigns, and
| ||||||
2 | affiliates.
| ||||||
3 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
4 | (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
| ||||||
5 | Sec. 13-203. Telecommunications service.
| ||||||
6 | "Telecommunications service"
means the provision or | ||||||
7 | offering for rent, sale or lease, or in exchange for
other | ||||||
8 | value received, of the transmittal of information, by means of
| ||||||
9 | electromagnetic, including light, transmission with or without | ||||||
10 | benefit of
any closed transmission medium, including all | ||||||
11 | instrumentalities,
facilities, apparatus, and services | ||||||
12 | (including the collection, storage,
forwarding, switching, and | ||||||
13 | delivery of such information) used to provide
such transmission | ||||||
14 | and also includes access and interconnection arrangements
and | ||||||
15 | services.
| ||||||
16 | "Telecommunications service" does not include, however:
| ||||||
17 | (a) the rent, sale, or lease, or exchange for other | ||||||
18 | value received, of
customer premises equipment except for | ||||||
19 | customer premises equipment owned or
provided by a | ||||||
20 | telecommunications carrier and used for answering 911 | ||||||
21 | calls,
and except for customer premises equipment provided | ||||||
22 | under Section 13-703;
| ||||||
23 | (b) telephone or telecommunications answering | ||||||
24 | services, paging services,
and physical pickup and | ||||||
25 | delivery incidental to the provision of information
|
| |||||||
| |||||||
1 | transmitted through electromagnetic, including light, | ||||||
2 | transmission;
| ||||||
3 | (c) community antenna television service which is | ||||||
4 | operated to perform
for hire the service of receiving and | ||||||
5 | distributing video and audio program
signals by wire, cable | ||||||
6 | or other means to members of the public who
subscribe to | ||||||
7 | such service, to the extent that such service is utilized
| ||||||
8 | solely for the one-way distribution of such entertainment | ||||||
9 | services with no
more than incidental subscriber | ||||||
10 | interaction required for the selection of
such | ||||||
11 | entertainment service.
| ||||||
12 | The Commission may, by rulemaking, exclude (1) private line | ||||||
13 | service which
is not directly or indirectly used for the | ||||||
14 | origination or termination of
switched telecommunications | ||||||
15 | service, (2) cellular radio service, (3)
high-speed | ||||||
16 | point-to-point data transmission at or above 9.6 kilobits, or
| ||||||
17 | (4) the provision of telecommunications service by a company or | ||||||
18 | person
otherwise subject to Section 13-202 (c) to a | ||||||
19 | telecommunications carrier,
which is incidental to the | ||||||
20 | provision of service subject to Section 13-202 (c),
from active | ||||||
21 | regulatory oversight to the extent it finds, after notice, | ||||||
22 | hearing
and comment that such exclusion is consistent with the | ||||||
23 | public interest and
the purposes and policies of this Article. | ||||||
24 | To the extent that the
Commission has excluded cellular radio | ||||||
25 | service from active regulatory
oversight for any provider of | ||||||
26 | cellular radio service in this State pursuant
to this Section, |
| |||||||
| |||||||
1 | the Commission shall exclude all other providers of
cellular | ||||||
2 | radio service in the State from active regulatory oversight
| ||||||
3 | without an additional rulemaking proceeding where there are 2 | ||||||
4 | or more
certified providers of cellular radio service in a | ||||||
5 | geographic area.
| ||||||
6 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
7 | (220 ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204)
| ||||||
8 | Sec. 13-204.
"Local Exchange Telecommunications Service" | ||||||
9 | means
telecommunications service between points within an | ||||||
10 | exchange, as defined in
Section 13-206, or the provision of | ||||||
11 | telecommunications service for the
origination or termination | ||||||
12 | of switched telecommunications services.
| ||||||
13 | (Source: P.A. 84-1063 .)
| ||||||
14 | (220 ILCS 5/13-205) (from Ch. 111 2/3, par. 13-205)
| ||||||
15 | Sec. 13-205.
"Interexchange Telecommunications Service" | ||||||
16 | means
telecommunications service between points in two or more | ||||||
17 | exchanges.
| ||||||
18 | (Source: P.A. 84-1063 .)
| ||||||
19 | (220 ILCS 5/13-206) (from Ch. 111 2/3, par. 13-206)
| ||||||
20 | Sec. 13-206. Exchange. "Exchange" means a geographical | ||||||
21 | area for the
administration of telecommunications services, | ||||||
22 | established and described by
the tariff of a telecommunications | ||||||
23 | carrier providing local exchange
telecommunications service, |
| |||||||
| |||||||
1 | and consisting of one or more contiguous
central offices, | ||||||
2 | together with associated facilities used in providing such
| ||||||
3 | local exchange telecommunications service. To the extent | ||||||
4 | practicable, a
municipality, city, or village shall not be | ||||||
5 | located in more than one
exchange unless the municipality, | ||||||
6 | city, or village is located in more than
one exchange through | ||||||
7 | annexation that occurs after the establishment of the
exchange | ||||||
8 | boundary.
| ||||||
9 | (Source: P.A. 87-856 .)
| ||||||
10 | (220 ILCS 5/13-207) (from Ch. 111 2/3, par. 13-207)
| ||||||
11 | Sec. 13-207.
"Local Access and Transport Area (LATA)" means | ||||||
12 | a
geographical area designated by the Modification of Final | ||||||
13 | Judgment in U.S.
v. Western Electric Co., Inc., 552 F. Supp. | ||||||
14 | 131 (D.D.C. 1982), as modified
from time to time.
| ||||||
15 | (Source: P.A. 84-1063 .)
| ||||||
16 | (220 ILCS 5/13-208) (from Ch. 111 2/3, par. 13-208)
| ||||||
17 | Sec. 13-208.
"Market Service Area (MSA)" means a | ||||||
18 | geographical area
consisting of one or more exchanges, defined | ||||||
19 | by the Commission for the
administration of tariffs, services | ||||||
20 | and other regulatory obligations. The
term Market Service Area | ||||||
21 | includes those areas previously designated by
the Commission.
| ||||||
22 | (Source: P.A. 84-1063 .)
| ||||||
23 | (220 ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209)
|
| |||||||
| |||||||
1 | Sec. 13-209.
"Competitive Telecommunications Service" | ||||||
2 | means a
telecommunications service, its functional equivalent | ||||||
3 | or a substitute
service, which, for some identifiable class or | ||||||
4 | group of customers in an
exchange, group of exchanges, or some | ||||||
5 | other clearly defined geographical
area, is reasonably | ||||||
6 | available from more than one provider, whether or not
such | ||||||
7 | provider is a telecommunications carrier subject to regulation | ||||||
8 | under
this Act. A telecommunications service may be competitive | ||||||
9 | for the entire
state, some geographical area therein, including | ||||||
10 | an exchange or set of
exchanges, or for a specific customer or | ||||||
11 | class or group of customers, but
only to the extent consistent | ||||||
12 | with this definition.
| ||||||
13 | (Source: P.A. 84-1063 .)
| ||||||
14 | (220 ILCS 5/13-210) (from Ch. 111 2/3, par. 13-210)
| ||||||
15 | Sec. 13-210.
"Noncompetitive Telecommunications Service" | ||||||
16 | means a
telecommunications service other than a competitive | ||||||
17 | service as defined in
Section 13-209.
| ||||||
18 | (Source: P.A. 84-1063 .)
| ||||||
19 | (220 ILCS 5/13-211) (from Ch. 111 2/3, par. 13-211)
| ||||||
20 | Sec. 13-211.
"Resale of Telecommunications Service" means | ||||||
21 | the offering
or provision of telecommunications service | ||||||
22 | primarily through the use of
services or facilities owned or | ||||||
23 | provided by a separate telecommunications
carrier.
| ||||||
24 | (Source: P.A. 84-1063 .)
|
| |||||||
| |||||||
1 | (220 ILCS 5/13-212) (from Ch. 111 2/3, par. 13-212)
| ||||||
2 | Sec. 13-212.
"Telephone or Telecommunications Cooperative" | ||||||
3 | means any
Illinois corporation organized on a cooperative basis | ||||||
4 | for the furnishing of
telephone or telecommunications service.
| ||||||
5 | (Source: P.A. 84-1063 .)
| ||||||
6 | (220 ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213)
| ||||||
7 | Sec. 13-213.
"Hearing-aid compatible telephone" means a | ||||||
8 | telephone so
equipped that it can activate an inductive | ||||||
9 | coupling hearing-aid or which
will provide an alternative | ||||||
10 | technology that provides equally effective
telephone service | ||||||
11 | and which will provide equipment necessary for the
hearing | ||||||
12 | impaired to use generally available telecommunications | ||||||
13 | services
effectively or without assistance.
| ||||||
14 | (Source: P.A. 85-1405 .)
| ||||||
15 | (220 ILCS 5/13-214) (from Ch. 111 2/3, par. 13-214)
| ||||||
16 | Sec. 13-214.
(a) "Public mobile services" means | ||||||
17 | air-to-ground radio
telephone services, cellular radio | ||||||
18 | telecommunications services, offshore
radio, rural radio | ||||||
19 | service, public land mobile telephone service and other
common | ||||||
20 | carrier radio communications services.
| ||||||
21 | (b) "Private radio services" means private land mobile | ||||||
22 | radio services
and other communications services characterized | ||||||
23 | by the Commission as
private radio services.
|
| |||||||
| |||||||
1 | (Source: P.A. 85-1405 .)
| ||||||
2 | (220 ILCS 5/13-215) (from Ch. 111 2/3, par. 13-215)
| ||||||
3 | Sec. 13-215.
(a) "Essential telephones" means all coin | ||||||
4 | operated
telephones in any public or semi-public location, | ||||||
5 | telephones provided for
emergency use, a reasonable percentage | ||||||
6 | of telephones in hotels, motels,
hospitals and nursing homes | ||||||
7 | and a reasonable percentage of credit card
operated telephones | ||||||
8 | in any group of such telephones.
| ||||||
9 | (b) "Emergency use telephones" includes all telephones | ||||||
10 | intended
primarily to save persons from bodily injury, theft or | ||||||
11 | life threatening
situations. This definition includes, but is | ||||||
12 | not limited to telephones in
elevators, on highways and | ||||||
13 | telephones to alert police, a fire department or
other | ||||||
14 | emergency service providers.
| ||||||
15 | (Source: P.A. 85-1405 .)
| ||||||
16 | (220 ILCS 5/13-216)
| ||||||
17 | Sec. 13-216. Network element. "Network element" means a
| ||||||
18 | facility or equipment used in the provision of a | ||||||
19 | telecommunications service.
The term also includes features, | ||||||
20 | functions, and capabilities that are provided
by means of the | ||||||
21 | facility or equipment, including, but not limited to,
| ||||||
22 | subscriber
numbers, databases, signaling systems, and | ||||||
23 | information sufficient for billing
and collection or used in | ||||||
24 | the transmission, routing, or other provision of a
|
| |||||||
| |||||||
1 | telecommunications service.
| ||||||
2 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
3 | (220 ILCS 5/13-217)
| ||||||
4 | Sec. 13-217. End user. "End user" means any person, | ||||||
5 | corporation,
partnership,
firm, municipality, cooperative, | ||||||
6 | organization, governmental agency, building
owner, or
other | ||||||
7 | entity provided with a telecommunications service for its own | ||||||
8 | consumption
and not
for resale.
| ||||||
9 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
10 | (220 ILCS 5/13-218)
| ||||||
11 | Sec. 13-218. Business end user. "Business end user" means | ||||||
12 | (1) an end user
engaged
primarily or substantially in a paid | ||||||
13 | commercial, professional, or institutional
activity; (2)
an | ||||||
14 | end user provided telecommunications service in a commercial, | ||||||
15 | professional,
or
institutional location, or other location | ||||||
16 | serving primarily or substantially as
a site of an
activity for | ||||||
17 | pay; (3) an end user whose telecommunications service is listed | ||||||
18 | as
the
principal or only number for a business in any yellow | ||||||
19 | pages directory; (4) an
end user
whose telecommunications | ||||||
20 | service is used to conduct promotions, solicitations,
or market
| ||||||
21 | research for which compensation or reimbursement is paid or | ||||||
22 | provided; provided,
however, that the use of | ||||||
23 | telecommunications service, without compensation or
| ||||||
24 | reimbursement, for a charitable or civic purpose shall not |
| |||||||
| |||||||
1 | constitute business
use of a
telecommunications service.
| ||||||
2 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
3 | (220 ILCS 5/13-219)
| ||||||
4 | Sec. 13-219. Residential end user. "Residential end user" | ||||||
5 | means an end
user other
than a business end user.
| ||||||
6 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
7 | (220 ILCS 5/13-220)
| ||||||
8 | Sec. 13-220. Retail telecommunications service. "Retail | ||||||
9 | telecommunications
service"
means a telecommunications service | ||||||
10 | sold to an end user. "Retail
telecommunications
service" does | ||||||
11 | not include a telecommunications service provided by a
| ||||||
12 | telecommunications
carrier to a telecommunications carrier, | ||||||
13 | including to itself, as a component
of, or for the
provision | ||||||
14 | of, telecommunications service. A business retail | ||||||
15 | telecommunications
service is
a retail telecommunications | ||||||
16 | service provided to a business end user. A
residential retail
| ||||||
17 | telecommunications service is a retail telecommunications | ||||||
18 | service provided to a
residential end user.
| ||||||
19 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
20 | (220 ILCS 5/13-230) | ||||||
21 | Sec. 13-230. Prepaid calling service. "Prepaid calling | ||||||
22 | service" means telecommunications service that must be paid for | ||||||
23 | in advance by an end user, enables the end user to originate |
| |||||||
| |||||||
1 | calls using an access number or authorization code, whether | ||||||
2 | manually or electronically dialed, and is sold in predetermined | ||||||
3 | units or dollars of which the number declines with use in a | ||||||
4 | known amount. A prepaid calling service call is a call made by | ||||||
5 | an end user using prepaid calling service. "Prepaid calling | ||||||
6 | service" does not include a wireless telecommunications | ||||||
7 | service that allows a caller to dial 9-1-1 to access the 9-1-1 | ||||||
8 | system, which service must be paid for in advance, and is sold | ||||||
9 | in predetermined units or dollars and the amount declines with | ||||||
10 | use in a known amount prepaid wireless telecommunications | ||||||
11 | service as defined in Section 10 of the Wireless Emergency | ||||||
12 | Telephone Safety Act .
| ||||||
13 | (Source: P.A. 97-463, eff. 1-1-12 .) | ||||||
14 | (220 ILCS 5/13-231) | ||||||
15 | Sec. 13-231. Prepaid calling service provider. "Prepaid | ||||||
16 | calling service provider" means and includes every | ||||||
17 | corporation, company, association, joint stock company or | ||||||
18 | association, firm, partnership, or individual and their | ||||||
19 | lessees, trustees, or receivers appointed by any court | ||||||
20 | whatsoever that contracts directly with a telecommunications | ||||||
21 | carrier to resell or offers to resell telecommunications | ||||||
22 | service as prepaid calling service to one or more distributors, | ||||||
23 | prepaid calling resellers, prepaid calling service retailers, | ||||||
24 | or end users.
| ||||||
25 | (Source: P.A. 93-1002, eff. 1-1-05 .) |
| |||||||
| |||||||
1 | (220 ILCS 5/13-232) | ||||||
2 | Sec. 13-232. Prepaid calling service retailer. "Prepaid | ||||||
3 | calling service retailer" means and includes every | ||||||
4 | corporation, company, association, joint stock company or | ||||||
5 | association, firm, partnership, or individual and their | ||||||
6 | lessees, trustees, or receivers appointed by any court | ||||||
7 | whatsoever that sells or offers to sell prepaid calling service | ||||||
8 | directly to one or more end users.
| ||||||
9 | (Source: P.A. 93-1002, eff. 1-1-05 .) | ||||||
10 | (220 ILCS 5/13-233) | ||||||
11 | Sec. 13-233. Prepaid calling service reseller. "Prepaid | ||||||
12 | calling service reseller" means and includes every | ||||||
13 | corporation, company, association, joint stock company or | ||||||
14 | association, firm, partnership, or individual and their | ||||||
15 | lessees, trustees, or receivers appointed by any court | ||||||
16 | whatsoever that purchases prepaid calling services from a | ||||||
17 | prepaid calling service provider or distributor and sells those | ||||||
18 | services to one or more distributors of prepaid calling | ||||||
19 | services or to one or more prepaid calling service retailers.
| ||||||
20 | (Source: P.A. 93-1002, eff. 1-1-05 .) | ||||||
21 | (220 ILCS 5/13-234) | ||||||
22 | Sec. 13-234. Interconnected voice over Internet protocol | ||||||
23 | service. "Interconnected voice over Internet protocol service" |
| |||||||
| |||||||
1 | or "Interconnected VoIP service" has the meaning prescribed in | ||||||
2 | 47 CFR 9.3 as defined on the effective date of this amendatory | ||||||
3 | Act of the 96th General Assembly or as amended thereafter.
| ||||||
4 | (Source: P.A. 96-927, eff. 6-15-10 .) | ||||||
5 | (220 ILCS 5/13-235) | ||||||
6 | Sec. 13-235. Interconnected voice over Internet protocol | ||||||
7 | provider. "Interconnected voice over Internet protocol | ||||||
8 | provider" or "Interconnected VoIP provider" means and includes | ||||||
9 | every corporation, company, association, joint stock company | ||||||
10 | or association, firm, partnership, or individual, their | ||||||
11 | lessees, trustees, or receivers appointed by any court | ||||||
12 | whatsoever that owns, controls, operates, manages, or provides | ||||||
13 | within this State, directly or indirectly, Interconnected | ||||||
14 | voice over Internet protocol service.
| ||||||
15 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
16 | (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
| ||||||
17 | Sec. 13-301. Duties of the Commission. | ||||||
18 | (1) Consistent with the findings and policy established in
| ||||||
19 | paragraph (a) of Section 13-102 and paragraph (a) of Section | ||||||
20 | 13-103, and
in order to ensure the attainment of such policies, | ||||||
21 | the Commission shall:
| ||||||
22 | (a) participate in all federal programs intended to | ||||||
23 | preserve or extend
universal telecommunications service, | ||||||
24 | unless such programs would place cost
burdens on Illinois |
| |||||||
| |||||||
1 | customers of telecommunications services in excess of
the | ||||||
2 | benefits they would receive through participation, | ||||||
3 | provided, however,
the Commission shall not approve or | ||||||
4 | permit the imposition of any surcharge
or other fee | ||||||
5 | designed to subsidize or provide a waiver for subscriber | ||||||
6 | line
charges; and shall report on such programs together | ||||||
7 | with an assessment of
their adequacy and the advisability | ||||||
8 | of participating therein in its annual
report to the | ||||||
9 | General Assembly, or more often as necessary;
| ||||||
10 | (b) (blank);
| ||||||
11 | (c) order all telecommunications carriers offering or | ||||||
12 | providing local
exchange telecommunications service to | ||||||
13 | propose low-cost or budget service
tariffs and any other | ||||||
14 | rate design or pricing mechanisms designed to
facilitate | ||||||
15 | customer access to such telecommunications service, | ||||||
16 | provided that services offered by any telecommunications | ||||||
17 | carrier at the rates, terms, and conditions specified in | ||||||
18 | Section 13-506.2 or Section 13-518 of this Article shall | ||||||
19 | constitute compliance with this Section. A | ||||||
20 | telecommunications carrier may seek Commission approval of | ||||||
21 | other low-cost or budget service tariffs or rate design or | ||||||
22 | pricing mechanisms to comply with this Section;
| ||||||
23 | (d) investigate the necessity of and, if appropriate, | ||||||
24 | establish a universal service support fund
from which local | ||||||
25 | exchange telecommunications
carriers
who pursuant to the | ||||||
26 | Twenty-Seventh Interim Order of the Commission in Docket
|
| |||||||
| |||||||
1 | No. 83-0142 or the orders of the Commission in Docket No. | ||||||
2 | 97-0621 and Docket
No.
98-0679
received funding and whose | ||||||
3 | economic costs of providing
services for which universal | ||||||
4 | service support may be made available exceed
the
affordable | ||||||
5 | rate established by the Commission for such services may be
| ||||||
6 | eligible to receive
support, less any federal universal | ||||||
7 | service support received for the same or
similar costs
of | ||||||
8 | providing the supported services; provided, however, that | ||||||
9 | if a universal
service support
fund is established, the | ||||||
10 | Commission shall require that all costs of the fund be
| ||||||
11 | recovered
from all local exchange and interexchange | ||||||
12 | telecommunications carriers
certificated in
Illinois on a | ||||||
13 | competitively neutral and nondiscriminatory basis. In
| ||||||
14 | establishing any such
universal service support fund, the | ||||||
15 | Commission shall, in addition to the
determination of
costs | ||||||
16 | for supported services, consider and make findings | ||||||
17 | pursuant to subsection (2) of this Section. Proxy cost, as | ||||||
18 | determined by the
Commission, may be
used for this purpose. | ||||||
19 | In determining cost recovery for any universal service
| ||||||
20 | support fund, the Commission shall not permit recovery of | ||||||
21 | such costs from
another certificated carrier for any | ||||||
22 | service purchased and used solely as an
input to a service | ||||||
23 | provided to such certificated carrier's retail customers.
| ||||||
24 | (2) In
any order creating a fund pursuant to paragraph (d) | ||||||
25 | of subsection (1), the Commission, after
notice and
hearing, | ||||||
26 | shall:
|
| |||||||
| |||||||
1 | (a) Define the group of services to be declared | ||||||
2 | "supported
telecommunications
services" that constitute | ||||||
3 | "universal service". This group of services shall,
at a
| ||||||
4 | minimum, include those services as defined by the Federal | ||||||
5 | Communications
Commission and as from time to time amended. | ||||||
6 | In addition, the Commission
shall consider the range of | ||||||
7 | services currently offered by telecommunications
carriers | ||||||
8 | offering local exchange telecommunications service, the | ||||||
9 | existing rate
structures for the supported | ||||||
10 | telecommunications services, and the
telecommunications | ||||||
11 | needs of Illinois consumers in determining the supported
| ||||||
12 | telecommunications services.
The Commission shall, from | ||||||
13 | time to time or upon request, review and, if
appropriate, | ||||||
14 | revise the group of Illinois supported telecommunications | ||||||
15 | services
and the terms of the fund to reflect changes or | ||||||
16 | enhancements in
telecommunications needs, technologies, | ||||||
17 | and available services.
| ||||||
18 | (b) Identify all implicit subsidies contained in rates | ||||||
19 | or charges of
incumbent local exchange
carriers, including | ||||||
20 | all subsidies in interexchange access charges, and
| ||||||
21 | determine how
such subsidies can be made explicit by
the | ||||||
22 | creation of the fund.
| ||||||
23 | (c) Establish an affordable price for the supported | ||||||
24 | telecommunications
services for
the respective incumbent | ||||||
25 | local exchange carrier. The affordable price shall
be no | ||||||
26 | less than
the rates in effect at the time the Commission |
| |||||||
| |||||||
1 | creates a fund
pursuant to this item. The Commission may | ||||||
2 | establish and utilize indices
or
models for updating the | ||||||
3 | affordable price for supported telecommunications
| ||||||
4 | services.
| ||||||
5 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
6 | (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
| ||||||
7 | Sec. 13-301.1. Universal Telephone Service Assistance | ||||||
8 | Program.
| ||||||
9 | (a) The Commission shall by rule or regulation establish a | ||||||
10 | Universal
Telephone Service Assistance Program for low income | ||||||
11 | residential customers.
The program shall provide for a | ||||||
12 | reduction of access line charges, a
reduction of connection | ||||||
13 | charges, or any other alternative assistance or program to | ||||||
14 | increase
accessibility to telephone service and broadband | ||||||
15 | Internet access service that the Commission deems advisable
| ||||||
16 | subject to the availability of funds for the program as | ||||||
17 | provided in subsections
subsection (d) and (e) . The Commission | ||||||
18 | shall establish eligibility
requirements
for benefits under | ||||||
19 | the program.
| ||||||
20 | (b) The Commission shall adopt rules providing for enhanced | ||||||
21 | enrollment for
eligible consumers to receive lifeline service. | ||||||
22 | Enhanced enrollment may
include, but is not limited to, joint | ||||||
23 | marketing, joint application, or joint
processing with the | ||||||
24 | Low-Income Home Energy Assistance Program, the Medicaid
| ||||||
25 | Program, and the Food Stamp Program. The Department of Human |
| |||||||
| |||||||
1 | Services, the
Department of Healthcare and Family Services, and | ||||||
2 | the Department of Commerce and Economic Opportunity,
upon | ||||||
3 | request of the Commission, shall assist in the adoption and | ||||||
4 | implementation
of those rules. The Commission and the | ||||||
5 | Department of Human Services, the
Department of Healthcare and | ||||||
6 | Family Services, and the Department of Commerce and Economic | ||||||
7 | Opportunity
may enter into memoranda of understanding | ||||||
8 | establishing the respective duties of
the Commission and the | ||||||
9 | Departments in relation to enhanced enrollment.
| ||||||
10 | (c) In this Section : , | ||||||
11 | "Lifeline "lifeline service" means a retail local | ||||||
12 | service
offering described by 47 CFR C.F.R. Section | ||||||
13 | 54.401(a), as amended.
| ||||||
14 | (d) The Commission shall require by rule or regulation that | ||||||
15 | each
telecommunications carrier providing local exchange | ||||||
16 | telecommunications
services notify its customers that if the | ||||||
17 | customer wishes to participate in
the funding of the Universal | ||||||
18 | Telephone Service Assistance Program he may do
so by electing | ||||||
19 | to contribute, on a monthly basis, a fixed amount that will
be | ||||||
20 | included in the customer's monthly bill. The customer may cease
| ||||||
21 | contributing at any time upon providing notice to the | ||||||
22 | telecommunications
carrier providing local exchange | ||||||
23 | telecommunications services. The notice
shall state that any | ||||||
24 | contribution made will not reduce the customer's bill
for | ||||||
25 | telecommunications services. Failure to remit the amount of | ||||||
26 | increased
payment will reduce the contribution accordingly. |
| |||||||
| |||||||
1 | The Commission shall
specify the monthly fixed amount or | ||||||
2 | amounts that customers wishing to
contribute to the funding of | ||||||
3 | the Universal Telephone Service Assistance
Program may choose | ||||||
4 | from in making their contributions. Every
telecommunications | ||||||
5 | carrier providing local exchange telecommunications
services | ||||||
6 | shall remit the amounts contributed in accordance with the | ||||||
7 | terms
of the Universal Telephone Service Assistance Program.
| ||||||
8 | (e) Amounts collected and remitted under subsection (d) | ||||||
9 | may, to the extent the Commission deems advisable, be used for | ||||||
10 | funding a program to be administered by the entity designated | ||||||
11 | by the Commission as administrator of the Universal Telephone | ||||||
12 | Service Assistance Program for educating and assisting | ||||||
13 | low-income residential customers with a transition to Internet | ||||||
14 | protocol-based networks and services. This program may | ||||||
15 | include, but need not be limited to, measures designed to | ||||||
16 | notify and educate residential customers regarding the | ||||||
17 | availability of alternative voice services with access to | ||||||
18 | 9-1-1, access to and use of broadband Internet access service, | ||||||
19 | and pricing options. | ||||||
20 | (Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07 .)"; | ||||||
21 | and
| ||||||
22 | (220 ILCS 5/13-301.2)
| ||||||
23 | Sec. 13-301.2. Program to Foster Elimination of the Digital | ||||||
24 | Divide. The Commission shall require by rule that each
| ||||||
25 | telecommunications carrier providing local exchange |
| |||||||
| |||||||
1 | telecommunications
service notify its end-user customers that | ||||||
2 | if the customer wishes to
participate in the funding of the | ||||||
3 | Program to Foster Elimination of the Digital
Divide he or she | ||||||
4 | may do so by electing to contribute, on a monthly basis, a
| ||||||
5 | fixed
amount that will be included in the customer's monthly | ||||||
6 | bill. The obligations
imposed in this Section shall not be | ||||||
7 | imposed upon a telecommunications carrier
for any of its | ||||||
8 | end-users subscribing to the services listed below: (1) private
| ||||||
9 | line service which is not directly or indirectly used for the | ||||||
10 | origination or
termination of switched telecommunications | ||||||
11 | service, (2) cellular radio service,
(3) high-speed | ||||||
12 | point-to-point data transmission at or above 9.6 kilobits, (4)
| ||||||
13 | the provision of telecommunications service by a company or | ||||||
14 | person otherwise
subject to subsection (c) of Section 13-202 to | ||||||
15 | a telecommunications carrier,
which is
incidental to the | ||||||
16 | provision of service subject to subsection (c) of Section
| ||||||
17 | 13-202; (5) pay
telephone service; or (6) interexchange | ||||||
18 | telecommunications service.
The customer
may
cease | ||||||
19 | contributing at any time upon providing notice to the | ||||||
20 | telecommunications
carrier. The notice shall state that any | ||||||
21 | contribution made will not reduce the
customer's bill for | ||||||
22 | telecommunications services. Failure to remit the amount
of | ||||||
23 | increased payment will reduce the contribution accordingly. | ||||||
24 | The Commission
shall specify the monthly fixed amount or | ||||||
25 | amounts that customers wishing to
contribute to the funding of | ||||||
26 | the Program to Foster Elimination of the Digital
Divide may |
| |||||||
| |||||||
1 | choose from in making their contributions. A | ||||||
2 | telecommunications
carrier subject to this obligation shall | ||||||
3 | remit the amounts contributed by
its customers to the | ||||||
4 | Department
of Commerce and Economic Opportunity for deposit in | ||||||
5 | the Digital Divide Elimination
Fund at the intervals specified | ||||||
6 | in the Commission rules.
| ||||||
7 | (Source: P.A. 93-358, eff. 1-1-04; 94-793, eff. 5-19-06 .)
| ||||||
8 | (220 ILCS 5/13-301.3)
| ||||||
9 | Sec. 13-301.3. Digital Divide Elimination Infrastructure | ||||||
10 | Program.
| ||||||
11 | (a) The Digital Divide Elimination Infrastructure Fund is | ||||||
12 | created as a
special
fund in the State treasury. All moneys in | ||||||
13 | the Fund shall be used, subject to
appropriation, by the | ||||||
14 | Commission to fund (i) the construction of facilities
specified | ||||||
15 | in
Commission rules adopted under this Section and (ii) the | ||||||
16 | accessible electronic information program, as provided in | ||||||
17 | Section 20 of the Accessible Electronic Information Act. The | ||||||
18 | Commission may accept private
and
public funds, including | ||||||
19 | federal funds, for deposit into the Fund. Earnings
attributable | ||||||
20 | to
moneys in the Fund shall be deposited into the Fund.
| ||||||
21 | (b) The Commission shall adopt rules under which it will | ||||||
22 | make grants out of
funds appropriated from the Digital Divide | ||||||
23 | Elimination Infrastructure Fund to
eligible
entities as | ||||||
24 | specified in the rules for the construction of high-speed data
| ||||||
25 | transmission
facilities in eligible areas
of the State. For |
| |||||||
| |||||||
1 | purposes of determining whether an area is an eligible
area, | ||||||
2 | the Commission shall consider, among other things, whether (i) | ||||||
3 | in such
area, advanced telecommunications services, as defined | ||||||
4 | in subsection (c) of
Section 13-517 of this Act, are | ||||||
5 | under-provided to residential or small business
end users, | ||||||
6 | either directly or indirectly through an Internet Service | ||||||
7 | Provider,
(ii) such area has a low population density, and | ||||||
8 | (iii) such area has not yet
developed a competitive market for | ||||||
9 | advanced services. In addition, if an
entity seeking a grant of | ||||||
10 | funds from the Digital Divide Elimination
Infrastructure Fund | ||||||
11 | is an incumbent local exchange carrier having the duty to
serve
| ||||||
12 | such area, and the obligation to provide advanced services to | ||||||
13 | such area
pursuant to
Section 13-517 of this Act, the entity | ||||||
14 | shall demonstrate that it has sought
and obtained an exemption | ||||||
15 | from such
obligation
pursuant to subsection (b) of Section | ||||||
16 | 13-517. Any entity seeking a grant of
funds from the Digital | ||||||
17 | Divide Elimination Infrastructure Fund shall demonstrate
to | ||||||
18 | the Commission that the grant shall be used for the | ||||||
19 | construction of
high-speed data transmission facilities in an | ||||||
20 | eligible area and demonstrate
that it satisfies all other | ||||||
21 | requirements of the Commission's rules. The
Commission shall | ||||||
22 | determine the information that it deems necessary to award
| ||||||
23 | grants pursuant to this Section.
| ||||||
24 | (c) The rules of the Commission shall provide for the | ||||||
25 | competitive selection
of
recipients of grant funds available | ||||||
26 | from the Digital Divide Elimination
Infrastructure Fund
|
| |||||||
| |||||||
1 | pursuant to the Illinois Procurement Code. Grants shall be | ||||||
2 | awarded to bidders
chosen
on the basis of the criteria | ||||||
3 | established in such rules.
| ||||||
4 | (d) All entities awarded grant moneys under this Section | ||||||
5 | shall maintain all
records required by Commission rule for the | ||||||
6 | period of time specified in the
rules. Such
records shall be | ||||||
7 | subject to audit by the Commission, by any auditor appointed
by | ||||||
8 | the
State, or by any State officer authorized to conduct | ||||||
9 | audits.
| ||||||
10 | (Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03; | ||||||
11 | 93-797, eff. 7-22-04 .)
| ||||||
12 | (220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302)
| ||||||
13 | Sec. 13-302.
(a) No telecommunications carrier shall | ||||||
14 | implement a local
measured service calling plan which does not | ||||||
15 | include one of the following
elements:
| ||||||
16 | (1) the residential customer has the option of a flat | ||||||
17 | rate local calling
service under which local calls are not | ||||||
18 | charged for frequency or duration; or
| ||||||
19 | (2) residential calls to points within an untimed | ||||||
20 | calling zone approved by
the Commission are not charged for | ||||||
21 | duration; or
| ||||||
22 | (3) a low income residential Universal Service | ||||||
23 | Assistance Program, which
meets criteria set forth by the | ||||||
24 | Commission, is available.
| ||||||
25 | (b) In formulating the criteria for the low income |
| |||||||
| |||||||
1 | residential Universal
Service Assistance Program referred to | ||||||
2 | in paragraph (3) of subsection (a),
the Commission shall | ||||||
3 | consider the desirability of various alternatives,
including a | ||||||
4 | reduction of the access line charge or connection charge for
| ||||||
5 | eligible customers.
| ||||||
6 | (c) For local measured service plans implemented prior to | ||||||
7 | the effective
date of this amendatory Act of 1987 which do not | ||||||
8 | contain one of the
elements specified in paragraph (1) or (2) | ||||||
9 | of subsection (a) of this Section,
the Commission shall order | ||||||
10 | the telecommunications carrier having such a
plan to include | ||||||
11 | one of the elements specified in paragraph (1) or (2) of
| ||||||
12 | subsection (a) of this Section by January 1, 1989.
| ||||||
13 | (Source: P.A. 85-1286 .)
| ||||||
14 | (220 ILCS 5/13-303)
| ||||||
15 | Sec. 13-303. Action to enforce law or orders. Whenever the | ||||||
16 | Commission
is of the opinion that a telecommunications carrier | ||||||
17 | is failing or
omitting, or is about to fail or omit, to do | ||||||
18 | anything required of it by law or
by an order, decision, rule, | ||||||
19 | regulation, direction, or requirement of the
Commission or is | ||||||
20 | doing or permitting anything to be done, or is about to do
| ||||||
21 | anything or is about to permit anything to be done, contrary to | ||||||
22 | or in violation
of law or an order, decision, rule, regulation, | ||||||
23 | direction, or requirement of
the Commission, the Commission | ||||||
24 | shall file an action or proceeding in the
circuit court in and | ||||||
25 | for the county in which the case or some part thereof
arose or |
| |||||||
| |||||||
1 | in which the telecommunications carrier complained of has its
| ||||||
2 | principal place of business,
in the name of the People of the | ||||||
3 | State of Illinois for the purpose of
having the violation or | ||||||
4 | threatened violation stopped and prevented either by
mandamus | ||||||
5 | or injunction. The Commission may express its opinion in a | ||||||
6 | resolution
based upon whatever factual information has come to | ||||||
7 | its attention and may
issue the resolution ex parte and without | ||||||
8 | holding any administrative hearing
before bringing suit. | ||||||
9 | Except in cases involving an imminent threat to the
public | ||||||
10 | health and safety, no such resolution shall be adopted until 48 | ||||||
11 | hours
after the telecommunications carrier has been given | ||||||
12 | notice of (i) the substance
of the alleged violation, including | ||||||
13 | citation to the law, order, decision, rule,
regulation, or | ||||||
14 | direction of the Commission alleged to have been violated and
| ||||||
15 | (ii) the time and the date of the meeting at which such | ||||||
16 | resolution will first
be before the Commission for | ||||||
17 | consideration.
| ||||||
18 | The Commission shall file the action or proceeding by | ||||||
19 | complaint in the
circuit court alleging the violation or | ||||||
20 | threatened violation complained of
and praying for appropriate | ||||||
21 | relief by way of mandamus or injunction. It shall
be the duty | ||||||
22 | of the court to specify a time, not exceeding 20 days
after the | ||||||
23 | service of the copy of the complaint, within which the
| ||||||
24 | telecommunications carrier complained of must answer the | ||||||
25 | complaint, and in the
meantime the telecommunications carrier | ||||||
26 | may be restrained. In case of default
in answer or after |
| |||||||
| |||||||
1 | answer, the court shall immediately inquire into the facts
and | ||||||
2 | circumstances of the case. The telecommunications carrier and | ||||||
3 | persons that
the court may
deem necessary or proper may be | ||||||
4 | joined as parties. The final judgment in any
action or | ||||||
5 | proceeding shall either dismiss the action or proceeding or | ||||||
6 | grant
relief by mandamus or injunction as prayed for in the | ||||||
7 | complaint, or in such
modified or other form as will afford | ||||||
8 | appropriate relief in the court's
judgment.
| ||||||
9 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
10 | (220 ILCS 5/13-303.5)
| ||||||
11 | Sec. 13-303.5. Injunctive relief. If, after a hearing, the | ||||||
12 | Commission
determines that a telecommunications carrier has | ||||||
13 | violated this Act or a
Commission order or rule, any | ||||||
14 | telecommunications carrier adversely affected by
the
violation | ||||||
15 | may seek injunctive relief in circuit court.
| ||||||
16 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
17 | (220 ILCS 5/13-304)
| ||||||
18 | Sec. 13-304. Action to recover civil penalties.
| ||||||
19 | (a) The Commission shall assess and collect all civil | ||||||
20 | penalties established
under this Act against
| ||||||
21 | telecommunications carriers, corporations other than | ||||||
22 | telecommunications
carriers, and persons acting as | ||||||
23 | telecommunications carriers.
Except for the penalties provided | ||||||
24 | under
Section 2-202, civil penalties may be assessed only after |
| |||||||
| |||||||
1 | notice and
opportunity to be heard. Any such civil penalty may | ||||||
2 | be compromised by the
Commission. In determining the amount of | ||||||
3 | the civil penalty to be assessed, or
the amount of the civil | ||||||
4 | penalty to be compromised, the Commission is authorized
to | ||||||
5 | consider any matters of record in aggravation or mitigation of | ||||||
6 | the penalty,
including but not limited to the following:
| ||||||
7 | (1) the duration and gravity of the violation of the | ||||||
8 | Act, the rules,
or the order of the Commission;
| ||||||
9 | (2) the presence or absence of due diligence on the | ||||||
10 | part of the violator
in attempting either to comply with | ||||||
11 | requirements of the Act, the rules,
or the order of the | ||||||
12 | Commission, or to secure lawful relief from those
| ||||||
13 | requirements;
| ||||||
14 | (3) any economic benefits accrued by the violator | ||||||
15 | because of the delay in
compliance with requirements of the | ||||||
16 | Act, the rules, or the order of the
Commission; and
| ||||||
17 | (4) the amount of monetary penalty that will serve to | ||||||
18 | deter further
violations by the violator and to otherwise | ||||||
19 | aid in enhancing voluntary
compliance with the Act, the | ||||||
20 | rules, or the order of the Commission by the
violator and | ||||||
21 | other persons similarly subject to the Act.
| ||||||
22 | (b) If timely judicial review of a Commission order that | ||||||
23 | imposes a civil
penalty is taken by a telecommunications | ||||||
24 | carrier, a corporation other than a
telecommunications | ||||||
25 | carrier,
or a person acting as a telecommunications carrier on | ||||||
26 | whom or on which the
civil penalty has been imposed, the |
| |||||||
| |||||||
1 | reviewing court shall enter a judgment on
all amounts upon | ||||||
2 | affirmance of the Commission order. If timely judicial review
| ||||||
3 | is not taken and the civil penalty remains unpaid for 60 days | ||||||
4 | after service of
the order, the Commission in its discretion | ||||||
5 | may either begin revocation
proceedings or bring suit to | ||||||
6 | recover the penalties. Unless stayed by a
reviewing court, | ||||||
7 | interest shall accrue from the 60th day after the date of
| ||||||
8 | service of the Commission order to the date full payment is | ||||||
9 | received by the
Commission.
| ||||||
10 | (c) Actions to recover delinquent civil penalties under | ||||||
11 | this Section shall
be brought in the name of the People of the | ||||||
12 | State of Illinois in the circuit
court in and for the county in | ||||||
13 | which the cause, or some part thereof, arose, or
in which the | ||||||
14 | entity complained
of resides. The action shall be commenced and | ||||||
15 | prosecuted to final judgement by
the Commission. In any such | ||||||
16 | action, all interest incurred up to the time of
final court | ||||||
17 | judgment may be recovered in that action. In all such actions, | ||||||
18 | the
procedure and rules of evidence shall be the same as in | ||||||
19 | ordinary civil actions,
except as otherwise herein provided. | ||||||
20 | Any such action may be compromised or
discontinued on | ||||||
21 | application of the Commission upon such terms as the court
| ||||||
22 | shall approve and order.
| ||||||
23 | (d) Civil penalties related to the late filing of reports, | ||||||
24 | taxes, or other
filings shall be paid into the State treasury | ||||||
25 | to the credit of the Public
Utility Fund. Except as otherwise | ||||||
26 | provided in this Act, all other fines and
civil penalties shall |
| |||||||
| |||||||
1 | be paid into the State treasury to the credit of the
General | ||||||
2 | Revenue Fund.
| ||||||
3 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
4 | (220 ILCS 5/13-305)
| ||||||
5 | Sec. 13-305. Amount of civil penalty. A telecommunications | ||||||
6 | carrier, any
corporation other than a
telecommunications | ||||||
7 | carrier, or any person acting as a telecommunications
carrier | ||||||
8 | that violates or fails to comply with any provisions of this | ||||||
9 | Act or
that fails to obey, observe, or comply with any order, | ||||||
10 | decision, rule,
regulation, direction, or requirement, or any | ||||||
11 | part or provision thereof, of the
Commission, made or issued | ||||||
12 | under authority of this Act, in a case in which a
civil penalty | ||||||
13 | is not otherwise provided for in this Act, but excepting | ||||||
14 | Section
5-202 of the Act, shall be subject to a civil penalty | ||||||
15 | imposed in the manner
provided in Section 13-304 of no more | ||||||
16 | than $30,000 or 0.00825% of the carrier's
gross intrastate | ||||||
17 | annual telecommunications revenue, whichever is greater, for
| ||||||
18 | each offense unless the violator has fewer than 35,000 | ||||||
19 | subscriber access lines,
in which case the civil penalty may | ||||||
20 | not exceed $2,000 for each offense.
| ||||||
21 | A telecommunications carrier subject to administrative | ||||||
22 | penalties resulting
from a final Commission order approving an | ||||||
23 | intercorporate transaction entered
pursuant to Section 7-204 | ||||||
24 | of this Act shall be subject to penalties under this
Section | ||||||
25 | imposed for the same conduct only to the extent that such |
| |||||||
| |||||||
1 | penalties
exceed those imposed by the final Commission order.
| ||||||
2 | Every violation of the provisions of this Act or of any | ||||||
3 | order, decision,
rule, regulation, direction, or requirement | ||||||
4 | of the Commission, or any part or
provision thereof, by any | ||||||
5 | corporation or person, is a separate and distinct
offense.
| ||||||
6 | Penalties
under this Section shall attach and begin to accrue | ||||||
7 | from the day after written
notice is delivered to such party or | ||||||
8 | parties that they are in violation of or
have failed to
comply | ||||||
9 | with this Act or an order, decision, rule,
regulation, | ||||||
10 | direction, or requirement of the Commission, or part or | ||||||
11 | provision
thereof.
In case of a continuing violation, each | ||||||
12 | day's continuance
thereof
shall be a separate and distinct | ||||||
13 | offense.
| ||||||
14 | In construing and enforcing the provisions of this Act | ||||||
15 | relating to penalties,
the act, omission, or failure of any | ||||||
16 | officer, agent, or employee of any
telecommunications carrier | ||||||
17 | or of any person acting within the scope of his or
her duties | ||||||
18 | or employment shall in every case be deemed to be the act,
| ||||||
19 | omission, or failure of such telecommunications carrier or | ||||||
20 | person.
| ||||||
21 | If the party who has violated or failed to comply with this | ||||||
22 | Act or an order,
decision, rule, regulation, direction, or | ||||||
23 | requirement of the Commission, or any
part or provision | ||||||
24 | thereof, fails to seek timely review pursuant to Sections
| ||||||
25 | 10-113 and 10-201 of this Act, the party shall, upon expiration | ||||||
26 | of the
statutory time limit, be subject to the civil penalty |
| |||||||
| |||||||
1 | provision of this
Section.
| ||||||
2 | Twenty percent of all moneys collected under this Section | ||||||
3 | shall be deposited
into the Digital Divide Elimination Fund and | ||||||
4 | 20% of all moneys collected under
this Section shall be | ||||||
5 | deposited into the Digital Divide Elimination
Infrastructure | ||||||
6 | Fund.
| ||||||
7 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
8 | (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
| ||||||
9 | Sec. 13-401. Certificate of Service Authority.
| ||||||
10 | (a) No telecommunications carrier not possessing a | ||||||
11 | certificate of public
convenience and necessity or certificate | ||||||
12 | of authority from the Commission
at the time this Article goes | ||||||
13 | into effect shall transact any business in
this State until it | ||||||
14 | shall have obtained a certificate of service authority
from the | ||||||
15 | Commission pursuant to the provisions of this Article.
| ||||||
16 | No telecommunications carrier offering or providing, or | ||||||
17 | seeking to offer
or provide, any interexchange | ||||||
18 | telecommunications service shall do so until
it has applied for | ||||||
19 | and received a Certificate of Interexchange Service
Authority | ||||||
20 | pursuant to the provisions of Section 13-403. No
| ||||||
21 | telecommunications carrier offering or providing, or seeking | ||||||
22 | to offer or
provide, any local exchange telecommunications | ||||||
23 | service shall do so until it
has applied for and received a | ||||||
24 | Certificate of Exchange Service Authority
pursuant to the | ||||||
25 | provisions of Section 13-405.
|
| |||||||
| |||||||
1 | Notwithstanding Sections 13-403, 13-404, and 13-405, the | ||||||
2 | Commission
shall approve a cellular radio application for a | ||||||
3 | Certificate of Service
Authority without a hearing upon a | ||||||
4 | showing by the cellular applicant that
the Federal | ||||||
5 | Communications Commission has issued to it a construction
| ||||||
6 | permit or an operating license to construct or operate a | ||||||
7 | cellular radio
system in the area as defined by the Federal | ||||||
8 | Communications Commission, or
portion of the area, for which | ||||||
9 | the carrier seeks a Certificate of Service
Authority.
| ||||||
10 | No Certificate of Service Authority issued by the | ||||||
11 | Commission shall be
construed as granting a monopoly or | ||||||
12 | exclusive privilege, immunity or
franchise. The issuance of a | ||||||
13 | Certificate of Service Authority to any
telecommunications | ||||||
14 | carrier shall not preclude the Commission from issuing
| ||||||
15 | additional Certificates of Service Authority to other | ||||||
16 | telecommunications
carriers providing the same or equivalent | ||||||
17 | service or serving the same
geographical area or customers as | ||||||
18 | any previously certified carrier, except
to the extent | ||||||
19 | otherwise provided by Sections 13-403 and 13-405.
| ||||||
20 | Any certificate of public convenience and necessity | ||||||
21 | granted by the
Commission to a telecommunications carrier prior | ||||||
22 | to the effective date of
this Article shall remain in full | ||||||
23 | force and effect, and such carriers need
not apply for a | ||||||
24 | Certificate of Service Authority in order to continue
offering | ||||||
25 | or providing service to the extent authorized in such | ||||||
26 | certificate
of public convenience and necessity. Any such |
| |||||||
| |||||||
1 | carrier, however, prior to
substantially altering the nature or | ||||||
2 | scope of services provided under a
certificate of public | ||||||
3 | convenience and necessity, or adding or expanding
services | ||||||
4 | beyond the authority contained in such certificate, must apply | ||||||
5 | for
a Certificate of Service Authority for such alterations or | ||||||
6 | additions
pursuant to the provisions of this Article.
| ||||||
7 | The Commission shall review and modify the terms of any
| ||||||
8 | certificate of public convenience and necessity issued to a
| ||||||
9 | telecommunications carrier prior to the effective date of this | ||||||
10 | Article in
order to ensure its conformity with the requirements | ||||||
11 | and policies of this
Article. Any Certificate of Service | ||||||
12 | Authority may be altered or modified by
the Commission, after | ||||||
13 | notice and hearing, upon its own motion or upon
application of | ||||||
14 | the person or company affected. Unless exercised within a
| ||||||
15 | period of two years from the issuance thereof, authority | ||||||
16 | conferred by a
Certificate of Service Authority shall be null | ||||||
17 | and void.
| ||||||
18 | (b) The Commission may issue a temporary Certificate which | ||||||
19 | shall remain
in force not to exceed one year in cases of | ||||||
20 | emergency, to assure maintenance
of adequate service or to | ||||||
21 | serve particular customers, without notice and
hearing, | ||||||
22 | pending the determination of an application for a Certificate, | ||||||
23 | and
may by regulation exempt from the requirements of this | ||||||
24 | Section temporary
acts or operations for which the issuance of | ||||||
25 | a certificate is not necessary
in the public interest and which | ||||||
26 | will not be required therefor.
|
| |||||||
| |||||||
1 | (Source: P.A. 87-856 .)
| ||||||
2 | (220 ILCS 5/13-401.1) | ||||||
3 | Sec. 13-401.1. Interconnected voice over Internet protocol | ||||||
4 | (VoIP) service provider registration. | ||||||
5 | (a) An Interconnected VoIP provider providing fixed or | ||||||
6 | non-nomadic service in Illinois on December 1, 2010 shall | ||||||
7 | register with the Commission no later than January 1, 2011. All | ||||||
8 | other Interconnected VoIP providers providing fixed or | ||||||
9 | non-nomadic service in Illinois shall register with the | ||||||
10 | Commission at least 30 days before providing service in | ||||||
11 | Illinois. The Commission shall prescribe a registration form no | ||||||
12 | later than October 1, 2010. The registration form prescribed by | ||||||
13 | the Commission shall only require the following information: | ||||||
14 | (1) the provider's legal name and any name under which | ||||||
15 | the provider does or will do business in Illinois, as | ||||||
16 | authorized by the Secretary of State; | ||||||
17 | (2) the provider's address and telephone number, along | ||||||
18 | with contact information for the person responsible for | ||||||
19 | ongoing communications with the Commission; | ||||||
20 | (3) a description of the provider's dispute resolution | ||||||
21 | process and, if any, the telephone number to initiate the | ||||||
22 | dispute resolution process; and | ||||||
23 | (4) a description of each exchange of a local exchange | ||||||
24 | company, in whole or in part, or the cities, towns, or | ||||||
25 | geographic areas, in whole or in part, in which the |
| |||||||
| |||||||
1 | provider is offering or proposes to offer Interconnected | ||||||
2 | VoIP service. | ||||||
3 | A provider must notify the Commission of any change in the | ||||||
4 | information identified in paragraphs (1), (2), (3), or (4) of | ||||||
5 | this subsection (a) within 5 business days after any such | ||||||
6 | change. | ||||||
7 | (b) A provider shall charge and collect from its end-user | ||||||
8 | customers, and remit to the appropriate authority, fees and | ||||||
9 | surcharges in the same manner as are charged and collected upon | ||||||
10 | end-user customers of local exchange telecommunications | ||||||
11 | service and remitted by local exchange telecommunications | ||||||
12 | companies for local enhanced 9-1-1 surcharges. | ||||||
13 | (c) A provider may designate information that it submits in | ||||||
14 | its registration form or subsequent reports as confidential or | ||||||
15 | proprietary, provided that the provider states the reasons the | ||||||
16 | confidential designation is necessary. The Commission shall | ||||||
17 | provide adequate protection for such information pursuant to | ||||||
18 | Section 4-404 of this Act. If the Commission or any other party | ||||||
19 | seeks public disclosure of information designated as | ||||||
20 | confidential, the Commission shall consider the confidential | ||||||
21 | designation in a proceeding under the Illinois Administrative | ||||||
22 | Procedure Act, and the burden of proof to demonstrate that the | ||||||
23 | designated information is confidential shall be upon the | ||||||
24 | provider. Designated information shall remain confidential | ||||||
25 | pending the Commission's determination of whether the | ||||||
26 | information is entitled to confidential treatment. Information |
| |||||||
| |||||||
1 | designated as confidential shall be provided to local units of | ||||||
2 | government for purposes of assessing compliance with this | ||||||
3 | Article as permitted under a protective order issued by the | ||||||
4 | Commission pursuant to the Commission's rules and to the | ||||||
5 | Attorney General pursuant to Section 6.5 of the Attorney | ||||||
6 | General Act. Information designated as confidential under this | ||||||
7 | Section or determined to be confidential upon Commission review | ||||||
8 | shall only be disclosed pursuant to a valid and enforceable | ||||||
9 | subpoena or court order or as required by the Freedom of | ||||||
10 | Information Act. | ||||||
11 | (d) Notwithstanding any other provision of law to the | ||||||
12 | contrary, the Commission shall have the authority, after notice | ||||||
13 | and hearing, to revoke or suspend the registration of any | ||||||
14 | provider that fails to comply with the requirements of this | ||||||
15 | Section. | ||||||
16 | (e) The provisions of this Section are severable under | ||||||
17 | Section 1.31 of the Statute on Statutes.
| ||||||
18 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
19 | (220 ILCS 5/13-402) (from Ch. 111 2/3, par. 13-402)
| ||||||
20 | Sec. 13-402.
The Commission is authorized, in connection | ||||||
21 | with the
issuance or modification of a Certificate of | ||||||
22 | Interexchange Service
Authority or the modification of a | ||||||
23 | certificate of public convenience and
necessity for | ||||||
24 | interexchange telecommunications service, to waive or modify
| ||||||
25 | the application of its rules, general orders, procedures or |
| |||||||
| |||||||
1 | notice
requirements when such action will reduce the economic | ||||||
2 | burdens of
regulation and such waiver or modification is not | ||||||
3 | inconsistent with the law
or the purposes and policies of this | ||||||
4 | Article.
| ||||||
5 | Any such waiver or modification granted to any | ||||||
6 | interexchange
telecommunications carrier which has, or any | ||||||
7 | group of such carriers any one
of which has annual revenues | ||||||
8 | exceeding $10,000,000 shall be
automatically applied fully and | ||||||
9 | equally to all such carriers with annual
revenues exceeding | ||||||
10 | $10,000,000 unless the Commission specifically finds,
after | ||||||
11 | notice to all such carriers and a hearing, that restricting the
| ||||||
12 | application of such waiver or modification to only one such | ||||||
13 | carrier or some
group of such carriers is consistent with and | ||||||
14 | would promote the purposes
and policies of this Article and the | ||||||
15 | protection of telecommunications
customers.
| ||||||
16 | (Source: P.A. 84-1063 .)
| ||||||
17 | (220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
| ||||||
18 | Sec. 13-403. Interexchange service authority; approval. | ||||||
19 | The
Commission shall approve an application for a
Certificate | ||||||
20 | of Interexchange Service Authority only upon a showing by the
| ||||||
21 | applicant, and a finding by the Commission, after notice and | ||||||
22 | hearing, that
the applicant possesses sufficient technical, | ||||||
23 | financial and managerial
resources and abilities to provide | ||||||
24 | interexchange telecommunications
service. The removal from | ||||||
25 | this Section of the dialing restrictions by
this amendatory Act |
| |||||||
| |||||||
1 | of 1992 does not create any legislative presumption for
or | ||||||
2 | against intra-Market Service Area presubscription or changes | ||||||
3 | in
intra-Market Service Area dialing arrangements related to | ||||||
4 | the
implementation of that presubscription, but simply vests | ||||||
5 | jurisdiction in
the Illinois Commerce Commission to consider | ||||||
6 | after notice and hearing the
issue of presubscription in | ||||||
7 | accordance with the policy goals outlined in
Section 13-103.
| ||||||
8 | The Commission shall have authority to alter the boundaries | ||||||
9 | of Market
Service Areas when such alteration is consistent with | ||||||
10 | the public interest
and the purposes and policies of this | ||||||
11 | Article. A
determination by the Commission with respect to | ||||||
12 | Market Service
Area boundaries shall not modify or affect the | ||||||
13 | rights or obligations of any
telecommunications carrier with | ||||||
14 | respect to any consent decree or agreement
with the United | ||||||
15 | States Department of Justice, including, but not limited
to, | ||||||
16 | the Modification of Final Judgment in United States v. Western | ||||||
17 | Electric
Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from | ||||||
18 | time to
time.
| ||||||
19 | (Source: P.A. 91-357, eff. 7-29-99 .)
| ||||||
20 | (220 ILCS 5/13-404) (from Ch. 111 2/3, par. 13-404)
| ||||||
21 | Sec. 13-404.
Any telecommunications carrier offering or | ||||||
22 | providing the
resale of either local exchange or interexchange | ||||||
23 | telecommunications service
must first obtain a Certificate of | ||||||
24 | Service Authority. The Commission shall
approve an application | ||||||
25 | for a Certificate for the resale of local exchange
or |
| |||||||
| |||||||
1 | interexchange telecommunications service upon a showing by the
| ||||||
2 | applicant, and a finding by the Commission, after notice and | ||||||
3 | hearing, that
the applicant possesses sufficient technical, | ||||||
4 | financial and managerial
resources and abilities to provide the | ||||||
5 | resale of telecommunications service.
| ||||||
6 | (Source: P.A. 84-1063 .)
| ||||||
7 | (220 ILCS 5/13-404.1) | ||||||
8 | Sec. 13-404.1. Prepaid calling service authority; rules. | ||||||
9 | (a) The General Assembly finds that it is necessary to | ||||||
10 | require the certification of prepaid calling service providers | ||||||
11 | to protect and promote against fraud the legitimate business | ||||||
12 | interests of persons or entities currently providing prepaid | ||||||
13 | calling service to Illinois end users and Illinois end users | ||||||
14 | who purchase these services. | ||||||
15 | (b) On and after July 1, 2005, it shall be unlawful for any | ||||||
16 | prepaid calling service provider to offer or provide or seek to | ||||||
17 | offer or provide to any distributor, prepaid calling service | ||||||
18 | reseller, prepaid calling service retailer, or end user any | ||||||
19 | prepaid calling service unless the prepaid calling service | ||||||
20 | provider has applied for and received a Certificate of Prepaid | ||||||
21 | Calling Service Provider Authority from the Commission. The | ||||||
22 | Commission shall approve an application for a Certificate of | ||||||
23 | Prepaid Calling Service Provider Authority upon a showing by | ||||||
24 | the applicant, and a finding by the Commission, after notice | ||||||
25 | and hearing, that the applicant possesses sufficient |
| |||||||
| |||||||
1 | technical, financial, and managerial resources and abilities | ||||||
2 | to provide prepaid calling services. The Commission shall | ||||||
3 | approve an application for a Certificate of Prepaid Calling | ||||||
4 | Service Provider Authority without a hearing upon a showing by | ||||||
5 | the applicant that the Commission has issued an appropriate | ||||||
6 | Certificate of Service Authority (whether a Certificate of | ||||||
7 | Interexchange Service Authority or Certificate of Exchange | ||||||
8 | Service Authority or both) to the applicant or the | ||||||
9 | telecommunications carrier whose service the applicant is | ||||||
10 | seeking to resell, provided that the telecommunications | ||||||
11 | carrier remains in good standing with the Commission. The | ||||||
12 | Commission may adopt rules necessary for the administration of | ||||||
13 | this subsection. | ||||||
14 | (c) Upon issuance of a Certificate of Prepaid Calling | ||||||
15 | Service Provider Authority to a prepaid calling service | ||||||
16 | provider, the Commission shall post a list that contains the | ||||||
17 | full legal name of the prepaid service provider, the docket | ||||||
18 | number of the provider's certification proceeding, and the | ||||||
19 | toll-free customer service number of the certified prepaid | ||||||
20 | calling service provider on the Commission's web site on a link | ||||||
21 | solely dedicated to prepaid calling service providers. If the | ||||||
22 | certified prepaid calling service provider changes its | ||||||
23 | toll-free customer service number, it is the duty of the | ||||||
24 | certified prepaid calling service provider to provide the | ||||||
25 | Commission with notice of the change and with the provider's | ||||||
26 | new toll-free customer service number at least 24 hours prior |
| |||||||
| |||||||
1 | to changing its toll-free customer service number. The | ||||||
2 | Commission may adopt rules that further define the | ||||||
3 | administration of this subsection.
| ||||||
4 | (d) Any and all enforcement authority granted to the | ||||||
5 | Commission under this Article over any Certificate of Service | ||||||
6 | Authority shall apply equally and without limitation to | ||||||
7 | Certificates of Prepaid Calling Service Provider Authority.
| ||||||
8 | (Source: P.A. 93-1002, eff. 1-1-05 .) | ||||||
9 | (220 ILCS 5/13-404.2) | ||||||
10 | Sec. 13-404.2. Prepaid calling service standards. The | ||||||
11 | Commission, by rule, may establish and implement minimum | ||||||
12 | service quality standards for prepaid calling service. The | ||||||
13 | rules may include, but are not limited to, requiring access to | ||||||
14 | a live customer service attendant through the customer service | ||||||
15 | number, reporting requirements, fines, penalties, customer | ||||||
16 | credits, remedies, and other enforcement mechanisms to ensure | ||||||
17 | compliance with the service quality standards.
| ||||||
18 | (Source: P.A. 93-1002, eff. 1-1-05 .)
| ||||||
19 | (220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)
| ||||||
20 | Sec. 13-405. Local exchange service authority; approval. | ||||||
21 | The Commission
shall approve an application for a
Certificate | ||||||
22 | of Exchange Service Authority only upon a showing by the
| ||||||
23 | applicant, and a finding by the Commission, after notice and | ||||||
24 | hearing, that the
applicant possesses sufficient technical, |
| |||||||
| |||||||
1 | financial, and
managerial resources and abilities to provide | ||||||
2 | local exchange
telecommunications service.
| ||||||
3 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
4 | (220 ILCS 5/13-405.1) (from Ch. 111 2/3, par. 13-405.1)
| ||||||
5 | Sec. 13-405.1. Interexchange services; incidental local | ||||||
6 | service. Whether or not a telecommunications carrier is | ||||||
7 | certified to offer
or provide local exchange | ||||||
8 | telecommunications service, nothing in
Section 13-405 shall be | ||||||
9 | construed to require the withdrawal or
prevent the offering of | ||||||
10 | interexchange services merely because
incidental use of such | ||||||
11 | service by the customer for local exchange
telecommunications | ||||||
12 | service is possible.
| ||||||
13 | (Source: P.A. 87-856 .)
| ||||||
14 | (220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
| ||||||
15 | Sec. 13-406. Abandonment of service. No telecommunications | ||||||
16 | carrier offering or providing
noncompetitive | ||||||
17 | telecommunications service pursuant to a valid
Certificate of | ||||||
18 | Service Authority or certificate of public convenience and
| ||||||
19 | necessity shall discontinue or abandon such service once | ||||||
20 | initiated until
and unless it shall demonstrate, and the | ||||||
21 | Commission finds, after notice and
hearing, that such | ||||||
22 | discontinuance or abandonment will not deprive customers
of any | ||||||
23 | necessary or essential telecommunications service or access | ||||||
24 | thereto
and is not otherwise contrary to the public interest. |
| |||||||
| |||||||
1 | No
telecommunications carrier offering or providing | ||||||
2 | competitive
telecommunications service shall completely | ||||||
3 | discontinue or abandon such service to an identifiable class or | ||||||
4 | group of customers once
initiated except upon 60 days notice to | ||||||
5 | the Commission and affected
customers. The Commission may, upon | ||||||
6 | its own motion or upon complaint,
investigate the proposed | ||||||
7 | discontinuance or abandonment of a competitive
| ||||||
8 | telecommunications service and may, after notice and hearing, | ||||||
9 | prohibit such
proposed discontinuance or abandonment if the | ||||||
10 | Commission finds that it
would be contrary to the public | ||||||
11 | interest. If the Commission does not provide notice of a | ||||||
12 | hearing within 60 calendar days after the notification or holds | ||||||
13 | a hearing and fails to find that the proposed discontinuation | ||||||
14 | or abandonment would be contrary to the public interest, the | ||||||
15 | provider may discontinue or abandon such service after | ||||||
16 | providing at least 30 days notice to affected customers. This | ||||||
17 | Section does not apply to a Large Electing Provider proceeding | ||||||
18 | under Section 13-406.1.
| ||||||
19 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
20 | (220 ILCS 5/13-406.1 new) | ||||||
21 | Sec. 13-406.1. Large Electing Provider transition to | ||||||
22 | IP-based networks and service. | ||||||
23 | (a) As used in this Section: | ||||||
24 | "Alternative voice service" means service that includes | ||||||
25 | all of the applicable functionalities for voice telephony |
| |||||||
| |||||||
1 | services described in 47 CFR 54.101(a). | ||||||
2 | "Existing customer" means a residential customer of the | ||||||
3 | Large Electing Provider who is subscribing to a | ||||||
4 | telecommunications service on the date the Large Electing | ||||||
5 | Provider sends its notice under paragraph (1) of subsection (c) | ||||||
6 | of this Section of its intent to cease offering and providing | ||||||
7 | service. For purposes of this Section, a residential customer | ||||||
8 | of the Large Electing Provider whose service has been | ||||||
9 | temporarily suspended, but not finally terminated as of the | ||||||
10 | date that the Large Electing Provider sends that notice, shall | ||||||
11 | be deemed to be an "existing customer". | ||||||
12 | "Large Electing Provider" means an Electing Provider, as | ||||||
13 | defined in Section 13-506.2 of this Act, that (i) reported in | ||||||
14 | its annual competition report for the year 2016 filed with the | ||||||
15 | Commission under Section 13-407 of this Act and 83 Ill. Adm. | ||||||
16 | Code 793 that it provided at least 700,000 access lines to end | ||||||
17 | users; and (ii) is affiliated with a provider of commercial | ||||||
18 | mobile radio service, as defined in 47 CFR 20.3, as of January | ||||||
19 | 1, 2017. | ||||||
20 | "New customer" means a residential customer who is not | ||||||
21 | subscribing to a telecommunications service provided by the | ||||||
22 | Large Electing Provider on the date the Large Electing Provider | ||||||
23 | sends its notice under paragraph (1) of subsection (c) of this | ||||||
24 | Section of its intent to cease offering and providing that | ||||||
25 | service. | ||||||
26 | "Provider" includes every corporation, company, |
| |||||||
| |||||||
1 | association, firm, partnership, and individual and their | ||||||
2 | lessees, trustees, or receivers appointed by a court that sell | ||||||
3 | or offer to sell an alternative voice service. | ||||||
4 | "Reliable access to 9-1-1" means access to 9-1-1 that | ||||||
5 | complies with the applicable rules, regulations, and | ||||||
6 | guidelines established by the Federal Communications | ||||||
7 | Commission and the applicable provisions of the Emergency | ||||||
8 | Telephone System Act and implementing rules. | ||||||
9 | "Willing provider" means a provider that voluntarily | ||||||
10 | participates in the request for service process. | ||||||
11 | (b) Beginning June 30, 2017, a Large Electing Provider may, | ||||||
12 | to the extent permitted by and consistent with federal law, | ||||||
13 | including, as applicable, approval by the Federal | ||||||
14 | Communications Commission of the discontinuance of the | ||||||
15 | interstate-access component of a telecommunications service, | ||||||
16 | cease to offer and provide a telecommunications service to an | ||||||
17 | identifiable class or group of customers, other than voice | ||||||
18 | telecommunications service to residential customers or a | ||||||
19 | telecommunications service to a class of customers under | ||||||
20 | subsection (b-5) of this Section, upon 60 days' notice to the | ||||||
21 | Commission and affected customers. | ||||||
22 | (b-5) Notwithstanding any provision to the contrary in this | ||||||
23 | Section 13-406.1, beginning December 31, 2021, a Large Electing | ||||||
24 | Provider may, to the extent permitted by and consistent with | ||||||
25 | federal law, including, if applicable, approval by the Federal | ||||||
26 | Communications Commission of the discontinuance of the |
| |||||||
| |||||||
1 | interstate-access component of a telecommunication service, | ||||||
2 | cease to offer and provide a telecommunications service to one | ||||||
3 | or more of the following classes or groups of customers upon 60 | ||||||
4 | days' notice to the Commission and affected customers: (1) | ||||||
5 | electric utilities, as defined in Section 16-102 of this Act; | ||||||
6 | (2) public utilities, as defined in Section 3-105 of this Act, | ||||||
7 | that offers natural gas or water services; (3) electric, gas, | ||||||
8 | and water utilities that are excluded from the definition of | ||||||
9 | public utility under paragraph (1) of subsection (b) of Section | ||||||
10 | 3-105 of this Act; (4) water companies as described in | ||||||
11 | paragraph (2) of subsection (b) of Section 3-105 of this Act; | ||||||
12 | (5) natural gas cooperatives as described in paragraph (4) of | ||||||
13 | subsection (b) of Section 3-105 of this Act; (6) electric | ||||||
14 | cooperatives as defined in Section 3-119 of this Act; (7) | ||||||
15 | entities engaged in the commercial generation of electric power | ||||||
16 | and energy; (8) the functional divisions of public agencies, as | ||||||
17 | defined in Section 2 of the Emergency Telephone System Act, | ||||||
18 | that provide police or firefighting services; and (9) 9-1-1 | ||||||
19 | Authorities, as defined in Section 2 of the Emergency Telephone | ||||||
20 | System Act; provided that the date shall be extended to | ||||||
21 | December 21, 2022, for (i) an electric utility, as defined in | ||||||
22 | Section 16-102 of this Act, that serves more than 3 million | ||||||
23 | customers in the State; and (ii) an entity engaged in the | ||||||
24 | commercial generation of electric power and energy that | ||||||
25 | operates one or more nuclear power plants in the State. | ||||||
26 | (c) Beginning June 30, 2017, a Large Electing Provider may, |
| |||||||
| |||||||
1 | to the extent permitted by and consistent with federal law, | ||||||
2 | cease to offer and provide voice telecommunications service to | ||||||
3 | an identifiable class or group of residential customers, which, | ||||||
4 | for the purposes of this subsection (c), shall be referred to | ||||||
5 | as "requested service", subject to compliance with the | ||||||
6 | following requirements: | ||||||
7 | (1) No less than 255 days prior to providing notice to | ||||||
8 | the Federal Communications Commission of its intent to | ||||||
9 | discontinue the interstate-access component of the | ||||||
10 | requested service, the Large Electing Provider shall: | ||||||
11 | (A) file a notice of the proposed cessation of the | ||||||
12 | requested service with the Commission, which shall | ||||||
13 | include a statement that the Large Electing Provider | ||||||
14 | will comply with any service discontinuance rules and | ||||||
15 | regulations of the Federal Communications Commission | ||||||
16 | pertaining to compatibility of alternative voice | ||||||
17 | services with medical monitoring devices; and | ||||||
18 | (B) provide notice of the proposed cessation of the | ||||||
19 | requested service to each of the Large Electing | ||||||
20 | Provider's existing customers within the affected | ||||||
21 | geographic area by first-class mail separate from | ||||||
22 | customer bills. If the customer has elected to receive | ||||||
23 | electronic billing, the notice shall be sent | ||||||
24 | electronically and by first-class mail separate from | ||||||
25 | customer bills. The notice provided under this | ||||||
26 | subparagraph (B) shall describe the requested service, |
| |||||||
| |||||||
1 | identify the earliest date on which the Large Electing | ||||||
2 | Provider intends to cease offering or providing the | ||||||
3 | telecommunications service, provide a telephone number | ||||||
4 | by which the existing customer may contact a service | ||||||
5 | representative of the Large Electing Provider, and | ||||||
6 | provide a telephone number by which the existing | ||||||
7 | customer may contact the Commission's Consumer | ||||||
8 | Services Division. The notice shall also include the | ||||||
9 | following statement: | ||||||
10 | "If you do not believe that an alternative | ||||||
11 | voice service including reliable access to 9-1-1 | ||||||
12 | is available to you, from either [name of Large | ||||||
13 | Electing Provider] or another provider of wired or | ||||||
14 | wireless voice service where you live, you have the | ||||||
15 | right to request the Illinois Commerce Commission | ||||||
16 | to investigate the availability of alternative | ||||||
17 | voice service including reliable access to 9-1-1. | ||||||
18 | To do so, you must submit such a request either in | ||||||
19 | writing or by signing and returning a copy of this | ||||||
20 | notice, no later than (insert date), 60 days after | ||||||
21 | the date of the notice to the following address: | ||||||
22 | Chief Clerk of the Illinois Commerce Commission | ||||||
23 | 527 East Capitol Avenue | ||||||
24 | Springfield, Illinois 62706 | ||||||
25 | You must include in your request a reference to | ||||||
26 | the notice you received from [Large Electing |
| |||||||
| |||||||
1 | Provider's name] and the date of notice.". | ||||||
2 | Thirty days following the date of notice, the Large | ||||||
3 | Electing Provider shall provide each customer to which | ||||||
4 | the notice was sent a follow-up notice containing the | ||||||
5 | same information and reminding customers of the | ||||||
6 | deadline for requesting the Commission to investigate | ||||||
7 | alternative voice service with access to 9-1-1. | ||||||
8 | (2) After June 30, 2017, and only in a geographic area | ||||||
9 | for which a Large Electing Provider has provided notice of | ||||||
10 | proposed cessation of the requested service to existing | ||||||
11 | customers under paragraph (1) of this subsection (c), an | ||||||
12 | existing customer of that provider may, within 60 days | ||||||
13 | after issuance of such notice, request the Commission to | ||||||
14 | investigate the availability of alternative voice service | ||||||
15 | including reliable access to 9-1-1 to that customer. For | ||||||
16 | the purposes of this paragraph (2), existing customers who | ||||||
17 | make such a request are referred to as "requesting existing | ||||||
18 | customers". The Large Electing Provider may cease to offer | ||||||
19 | or provide the requested service to existing customers who | ||||||
20 | do not make a request for investigation beginning 30 days | ||||||
21 | after issuance of the notice required by paragraph (5) of | ||||||
22 | this subsection (c). | ||||||
23 | (A) In response to all requests and investigations | ||||||
24 | under this paragraph (2), the Commission shall conduct | ||||||
25 | a single investigation to be commenced 75 days after | ||||||
26 | the receipt of notice under paragraph (1) of this |
| |||||||
| |||||||
1 | subsection (c), and completed within 135 days after | ||||||
2 | commencement. The Commission shall, within 135 days | ||||||
3 | after commencement of the investigation, make one of | ||||||
4 | the findings described in subdivisions (i) and (ii) of | ||||||
5 | this subparagraph (A) for each requesting existing | ||||||
6 | customer. | ||||||
7 | (i) If, as a result of the investigation, the | ||||||
8 | Commission finds that service from at least one | ||||||
9 | provider offering alternative voice service | ||||||
10 | including reliable access to 9-1-1 through any | ||||||
11 | technology or medium is available to one or more | ||||||
12 | requesting existing customers, the Commission | ||||||
13 | shall declare by order that, with respect to each | ||||||
14 | requesting existing customer for which such a | ||||||
15 | finding is made, the Large Electing Provider may | ||||||
16 | cease to offer or provide the requested service | ||||||
17 | beginning 30 days after the issuance of the notice | ||||||
18 | required by paragraph (5) of this subsection (c). | ||||||
19 | (ii) If, as a result of the investigation, the | ||||||
20 | Commission finds that service from at least one | ||||||
21 | provider offering alternative voice service, | ||||||
22 | including reliable access to 9-1-1, through any | ||||||
23 | technology or medium is not available to one or | ||||||
24 | more requesting existing customers, the Commission | ||||||
25 | shall declare by order that an emergency exists | ||||||
26 | with respect to each requesting existing customer |
| |||||||
| |||||||
1 | for which such a finding is made. | ||||||
2 | (B) If the Commission declares an emergency under | ||||||
3 | subdivision (ii) of subparagraph (A) of this paragraph | ||||||
4 | (2) with respect to one or more requesting existing | ||||||
5 | customers, the Commission shall conduct a request for | ||||||
6 | service process to identify a willing provider of | ||||||
7 | alternative voice service including reliable access to | ||||||
8 | 9-1-1. A provider shall not be required to participate | ||||||
9 | in the request for service process. The willing | ||||||
10 | provider may utilize any form of technology that is | ||||||
11 | capable of providing alternative voice service | ||||||
12 | including reliable access to 9-1-1, including, without | ||||||
13 | limitation, Voice over Internet Protocol services and | ||||||
14 | wireless services. The Commission shall, within 45 | ||||||
15 | days after the issuance of an order finding that an | ||||||
16 | emergency exists, make one of the determinations | ||||||
17 | described in subdivisions (i) and (ii) of this | ||||||
18 | subparagraph (B) for each requesting existing customer | ||||||
19 | for which an emergency has been declared. | ||||||
20 | (i) If the Commission determines that another | ||||||
21 | provider is willing and capable of providing | ||||||
22 | alternative voice service including reliable | ||||||
23 | access to 9-1-1 to one or more requesting existing | ||||||
24 | customers for which an emergency has been | ||||||
25 | declared, the Commission shall declare by order | ||||||
26 | that, with respect to each requesting existing |
| |||||||
| |||||||
1 | customer for which such a determination is made, | ||||||
2 | the Large Electing Provider may cease to offer or | ||||||
3 | provide the requested service beginning 30 days | ||||||
4 | after the issuance of the notice required by | ||||||
5 | paragraph (5) of this Section. | ||||||
6 | (ii) If the Commission determines that for one | ||||||
7 | or more of the requesting existing customers for | ||||||
8 | which an emergency has been declared there is no | ||||||
9 | other provider willing and capable of providing | ||||||
10 | alternative voice service including reliable | ||||||
11 | access to 9-1-1, the Commission shall issue an | ||||||
12 | order requiring the Large Electing Provider to | ||||||
13 | provide alternative voice service including | ||||||
14 | reliable access to 9-1-1 to each requesting | ||||||
15 | existing customer utilizing any form of technology | ||||||
16 | capable of providing alternative voice service | ||||||
17 | including reliable access to 9-1-1, including, | ||||||
18 | without limitation, continuation of the requested | ||||||
19 | service, Voice over Internet Protocol services, | ||||||
20 | and wireless services, until another willing | ||||||
21 | provider is available. A Large Electing Provider | ||||||
22 | may fulfill the requirement through an affiliate | ||||||
23 | or another provider. The Large Electing Provider | ||||||
24 | may request that such an order be rescinded upon a | ||||||
25 | showing that an alternative voice service | ||||||
26 | including reliable access to 9-1-1 has become |
| |||||||
| |||||||
1 | available to the requesting existing customer from | ||||||
2 | another provider. | ||||||
3 | (3) If the Commission receives no requests for | ||||||
4 | investigation from any existing customer under paragraph | ||||||
5 | (2) of this subsection (c) within 60 days after issuance of | ||||||
6 | the notice under paragraph (1) of this subsection (c), the | ||||||
7 | Commission shall provide written notice to the Large | ||||||
8 | Electing Provider of that fact no later than 75 days after | ||||||
9 | receipt of notice under paragraph (1) of this subsection | ||||||
10 | (c). Notwithstanding any provision of this subsection (c) | ||||||
11 | to the contrary, if no existing customer requests an | ||||||
12 | investigation under paragraph (2) of this subsection (c), | ||||||
13 | the Large Electing Provider may immediately provide the | ||||||
14 | notice to the Federal Communications Commission as | ||||||
15 | described in paragraph (4) of this subsection (c). | ||||||
16 | (4) At the same time that it provides notice to the | ||||||
17 | Federal Communications Commission of its intent to | ||||||
18 | discontinue the interstate-access component of the | ||||||
19 | requested service, the Large Electing Provider shall: | ||||||
20 | (A) file a notice of proposal to cease to offer and | ||||||
21 | provide the requested service with the Commission; and | ||||||
22 | (B) provide a notice of proposal to cease to offer | ||||||
23 | and provide the requested service to existing | ||||||
24 | customers and new customers receiving the service at | ||||||
25 | the time of the notice within each affected geographic | ||||||
26 | area, with the notice made by first-class mail or |
| |||||||
| |||||||
1 | within customer bills delivered by mail or equivalent | ||||||
2 | means of notice, including electronic means if the | ||||||
3 | customer has elected to receive electronic billing. | ||||||
4 | The notice provided under this subparagraph (B) shall | ||||||
5 | include a brief description of the requested service, | ||||||
6 | the date on which the Large Electing Provider intends | ||||||
7 | to cease offering or providing the telecommunications | ||||||
8 | service, and a statement as required by 47 CFR 63.71 | ||||||
9 | that describes the process by which the customer may | ||||||
10 | submit comments to the Federal Communications | ||||||
11 | Commission. | ||||||
12 | (5) Upon approval by the Federal Communications | ||||||
13 | Commission of its request to discontinue the | ||||||
14 | interstate-access component of the requested service and | ||||||
15 | subject to the requirements of any order issued by the | ||||||
16 | Commission under subdivision (ii) of subparagraph (B) of | ||||||
17 | paragraph (2) of this subsection (c), the Large Electing | ||||||
18 | Provider may immediately cease to offer the requested | ||||||
19 | service to all customers not receiving the service on the | ||||||
20 | date of the Federal Communications Commission's approval | ||||||
21 | and may cease to offer and provide the requested service to | ||||||
22 | all customers receiving the service at the time of the | ||||||
23 | Federal Communications Commission's approval upon 30 days' | ||||||
24 | notice to the Commission and affected customers. Notice to | ||||||
25 | affected customers under this paragraph (5) shall be | ||||||
26 | provided by first-class mail separate from customer bills. |
| |||||||
| |||||||
1 | The notice provided under this paragraph (5) shall describe | ||||||
2 | the requested service, identify the date on which the Large | ||||||
3 | Electing Provider intends to cease offering or providing | ||||||
4 | the telecommunications service, and provide a telephone | ||||||
5 | number by which the existing customer may contact a service | ||||||
6 | representative of the Large Electing Provider. | ||||||
7 | (6) The notices provided for in paragraph (1) of this | ||||||
8 | subsection (c) are not required as a prerequisite for the | ||||||
9 | Large Electing Provider to cease to offer or provide a | ||||||
10 | telecommunications service in a geographic area where | ||||||
11 | there are no residential customers taking service from the | ||||||
12 | Large Electing Provider on the date that the Large Electing | ||||||
13 | Provider files notice to the Federal Communications | ||||||
14 | Commission of its intent to discontinue the | ||||||
15 | interstate-access component of the requested service in | ||||||
16 | that geographic area. | ||||||
17 | (7) For a period of 45 days following the date of a | ||||||
18 | notice issued under paragraph (5) of this Section, an | ||||||
19 | existing customer (i) who is located in the affected | ||||||
20 | geographic area subject to that notice; (ii) who was | ||||||
21 | receiving the requested service as of the date of the | ||||||
22 | Federal Communications Commission's approval of the Large | ||||||
23 | Electing Provider's request to discontinue the | ||||||
24 | interstate-access component of the requested service; | ||||||
25 | (iii) who did not make a timely request for investigation | ||||||
26 | under paragraph (2) of this subsection (c); and (iv) whose |
| |||||||
| |||||||
1 | service will be or has been discontinued under paragraph | ||||||
2 | (5), may request assistance from the Large Electing | ||||||
3 | Provider in identifying providers of alternative voice | ||||||
4 | service including reliable access to 9-1-1. Within 15 days | ||||||
5 | of the request, the Large Electing Provider shall provide | ||||||
6 | the customer with a list of alternative voice service | ||||||
7 | providers. | ||||||
8 | (8) Notwithstanding any other provision of this Act, | ||||||
9 | except as expressly authorized by this subsection (c), the | ||||||
10 | Commission may not, upon its own motion or upon complaint, | ||||||
11 | investigate, suspend, disapprove, condition, or otherwise | ||||||
12 | regulate the cessation of a telecommunications service to | ||||||
13 | an identifiable class or group of customers once initiated | ||||||
14 | by a Large Electing Provider under subsection (b) or (b-5) | ||||||
15 | of this Section or this subsection (c).
| ||||||
16 | (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
| ||||||
17 | Sec. 13-407. Commission study and report. The Commission | ||||||
18 | shall monitor
and analyze patterns of
entry and exit and | ||||||
19 | changes in patterns of entry
and exit for each relevant
market | ||||||
20 | for telecommunications services, including emerging high speed
| ||||||
21 | telecommunications markets and broadband services. The | ||||||
22 | Commission shall include its findings
together with | ||||||
23 | appropriate recommendations for legislative action in its
| ||||||
24 | annual report to the General Assembly. The Commission shall | ||||||
25 | provide an analysis of entry and exit, along with changes in |
| |||||||
| |||||||
1 | patterns of entry and exit, for broadband services in its | ||||||
2 | annual report to the General Assembly.
| ||||||
3 | In preparing its annual report, the Commission may obtain | ||||||
4 | any information on broadband services that has been collected | ||||||
5 | or is in the possession of the Department of Commerce and | ||||||
6 | Economic Opportunity pursuant to the High Speed Internet | ||||||
7 | Services and Information Technology Act. The Commission shall | ||||||
8 | coordinate with the Department of Commerce and Economic | ||||||
9 | Opportunity in collecting information to avoid a duplication of | ||||||
10 | efforts. | ||||||
11 | The Commission shall also monitor and analyze the status
of | ||||||
12 | deployment of services to consumers, and any resulting "digital | ||||||
13 | divisions"
between consumers, including any changes or trends | ||||||
14 | therein. The
Commission shall include its findings together | ||||||
15 | with appropriate recommendations
for legislative action in its | ||||||
16 | annual report to the General Assembly. In
preparing this | ||||||
17 | analysis the Commission shall evaluate information
provided by | ||||||
18 | certificated telecommunications carriers, registered | ||||||
19 | Interconnected VoIP providers, and Facilities-based Providers | ||||||
20 | of Broadband Connections to End User Locations that pertains to | ||||||
21 | the state of
competition in telecommunications markets | ||||||
22 | including, but not limited to:
| ||||||
23 | (1) the number and type of firms providing | ||||||
24 | telecommunications services and broadband services, within | ||||||
25 | the State;
| ||||||
26 | (2) the services offered by these firms to both retail
|
| |||||||
| |||||||
1 | and wholesale customers;
| ||||||
2 | (3) the extent to which customers and other providers | ||||||
3 | are purchasing the
firms' services; and
| ||||||
4 | (4) the technologies or methods by which these firms | ||||||
5 | provide these
services, including descriptions of | ||||||
6 | technologies in place and under
development, and the degree | ||||||
7 | to which firms rely on other wholesale providers to
provide | ||||||
8 | service to their own customers.
| ||||||
9 | The Commission shall at a minimum assess the variability in | ||||||
10 | this
information according to geography, examining variability | ||||||
11 | by exchange,
wirecenter, or zip code, and by
customer class, | ||||||
12 | examining, at a minimum, the variability between residential
| ||||||
13 | and small, medium, and large business customers. The Commission | ||||||
14 | shall
provide an analysis of market trends by collecting this | ||||||
15 | information from certificated telecommunications carriers, | ||||||
16 | registered Interconnected VoIP providers, and Facilities-based | ||||||
17 | Providers of Broadband Connections to End User Locations within | ||||||
18 | the State. The Commission shall
also collect all information, | ||||||
19 | in a format determined by the Commission, that
the Commission | ||||||
20 | deems necessary to assist in monitoring and analyzing the
| ||||||
21 | telecommunications markets and broadband market, along with | ||||||
22 | the status of competition and deployment of
telecommunications | ||||||
23 | services and broadband services to consumers in the State.
| ||||||
24 | Notwithstanding any other provision of this Act, | ||||||
25 | certificated telecommunications carriers and registered | ||||||
26 | Interconnected VoIP providers shall report to the Commission |
| |||||||
| |||||||
1 | such information, with the exception of broadband information, | ||||||
2 | requested by the Commission necessary to satisfy the reporting | ||||||
3 | requirements of items (1) through (4) of this Section.
The | ||||||
4 | Commission may coordinate and work with the Department of | ||||||
5 | Commerce and Economic Opportunity to avoid duplication of | ||||||
6 | collection of information that is collected pursuant to the | ||||||
7 | High Speed Internet Services and Information Technology Act. | ||||||
8 | For the purposes of this Section: | ||||||
9 | "Broadband connections" include wired lines or | ||||||
10 | wireless channels that enable the end user to receive | ||||||
11 | information from or send information to the Internet at | ||||||
12 | information transfer rates exceeding 200 kbps in at least | ||||||
13 | one direction. | ||||||
14 | "End user" includes a residential, business, | ||||||
15 | institutional, or government entity who uses broadband | ||||||
16 | services for its own purposes and who does not resell such | ||||||
17 | services to other entities or incorporate such services | ||||||
18 | into retail Internet-access services. For purposes of this | ||||||
19 | Section, an Internet Service Provider (ISP) is not an end | ||||||
20 | user of a broadband connection. | ||||||
21 | "Facilities-based Provider of Broadband Connections to | ||||||
22 | End User Locations" means an entity that meets any of the | ||||||
23 | following conditions: | ||||||
24 | (i) It owns the portion of the physical facility | ||||||
25 | that terminates at the end user location. | ||||||
26 | (ii) It obtains unbundled network elements (UNEs), |
| |||||||
| |||||||
1 | special access lines, or other leased facilities that | ||||||
2 | terminate at the end user location and provisions or | ||||||
3 | equips them as broadband. | ||||||
4 | (iii) It provisions or equips a broadband wireless | ||||||
5 | channel to the end user location over licensed or | ||||||
6 | unlicensed spectrum. | ||||||
7 | "Facilities-based Provider of Broadband Connections to | ||||||
8 | End User Locations" does not include providers of | ||||||
9 | terrestrial fixed wireless services (such as Wi-Fi and | ||||||
10 | other wireless Ethernet, or wireless local area network, | ||||||
11 | applications) that only enable local distribution and | ||||||
12 | sharing of a premises broadband facility and does not | ||||||
13 | include air-to-ground services. | ||||||
14 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
15 | (220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
| ||||||
16 | Sec. 13-501. Tariff; filing.
| ||||||
17 | (a) No telecommunications carrier shall offer or provide | ||||||
18 | noncompetitive
telecommunications service, telecommunications | ||||||
19 | service subject to subsection (g) of Section 13-506.2 or | ||||||
20 | Section 13-900.1 or 13-900.2 of this Act, or telecommunications | ||||||
21 | service referred to in an interconnection agreement as a | ||||||
22 | tariffed service unless and until a tariff is filed with the
| ||||||
23 | Commission which describes the nature of the service, | ||||||
24 | applicable rates and
other charges, terms and conditions of | ||||||
25 | service, and the exchange, exchanges
or other geographical area |
| |||||||
| |||||||
1 | or areas in which the service shall be offered
or provided. The | ||||||
2 | Commission may prescribe the form of such tariff and any
| ||||||
3 | additional data or information which shall be included therein.
| ||||||
4 | (b) After a hearing regarding a telecommunications service | ||||||
5 | subject to subsection (a) of this Section, the Commission has | ||||||
6 | the discretion to impose an
interim or permanent tariff on a | ||||||
7 | telecommunications carrier as part
of the order in
the case. | ||||||
8 | When a tariff is imposed as part of the order in a case, the
| ||||||
9 | tariff shall remain
in full force and effect until a compliance | ||||||
10 | tariff, or superseding
tariff, is filed by the
| ||||||
11 | telecommunications carrier and, after notice to the parties in | ||||||
12 | the case and
after a
compliance hearing is held, is found by | ||||||
13 | the Commission to be in compliance with
the
Commission's order.
| ||||||
14 | (c) A telecommunications carrier shall offer or provide | ||||||
15 | telecommunications service that is not subject to subsection | ||||||
16 | (a) of this Section pursuant to either a tariff filed with the | ||||||
17 | Commission or a written service offering that shall be | ||||||
18 | available on the telecommunications carrier's website as | ||||||
19 | required by Section 13-503 of this Act and that describes the | ||||||
20 | nature of the service, applicable rates and other charges, | ||||||
21 | terms and conditions of service. Revenue from competitive | ||||||
22 | retail telecommunications service received by a | ||||||
23 | telecommunications carrier pursuant to either a tariff or a | ||||||
24 | written service offering shall be gross revenue for purposes of | ||||||
25 | Section 2-202 of this Act. | ||||||
26 | (Source: P.A. 98-45, eff. 6-28-13 .)
|
| |||||||
| |||||||
1 | (220 ILCS 5/13-501.5)
| ||||||
2 | Sec. 13-501.5. Directory assistance service for the blind. | ||||||
3 | A
telecommunications carrier that provides directory | ||||||
4 | assistance service shall
provide in its
tariffs or its written | ||||||
5 | service offering pursuant to subsection (c) of Section 13-501 | ||||||
6 | of this Act for that service that directory assistance shall be | ||||||
7 | provided at no
charge to its
customers who are legally blind
| ||||||
8 | for telephone numbers of customers located within
the same | ||||||
9 | calling area, as described in the telecommunications carrier's
| ||||||
10 | tariff.
| ||||||
11 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
12 | (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
| ||||||
13 | Sec. 13-502. Classification of services.
| ||||||
14 | (a) All telecommunications services offered or provided
| ||||||
15 | under tariff by telecommunications carriers shall be | ||||||
16 | classified as either
competitive or noncompetitive. A | ||||||
17 | telecommunications carrier may offer or
provide either | ||||||
18 | competitive or noncompetitive telecommunications services, or
| ||||||
19 | both, subject to proper certification and other applicable | ||||||
20 | provisions of
this Article. Any tariff filed with the | ||||||
21 | Commission as required by Section
13-501 shall indicate whether | ||||||
22 | the service to be offered or provided is
competitive or | ||||||
23 | noncompetitive.
| ||||||
24 | (b) A service shall be classified as competitive only if, |
| |||||||
| |||||||
1 | and only to the
extent that, for some identifiable class or | ||||||
2 | group of customers in an
exchange, group of exchanges, or some | ||||||
3 | other clearly defined geographical
area, such service, or its | ||||||
4 | functional equivalent, or a substitute service,
is reasonably | ||||||
5 | available from more than one provider, whether or not any
such | ||||||
6 | provider is a telecommunications carrier subject to regulation | ||||||
7 | under
this Act. All telecommunications services not properly | ||||||
8 | classified as
competitive shall be classified as | ||||||
9 | noncompetitive. The Commission shall
have the power to | ||||||
10 | investigate the propriety of any classification of a
| ||||||
11 | telecommunications service on its own motion and shall | ||||||
12 | investigate upon
complaint. In any hearing or investigation, | ||||||
13 | the burden of proof as to the
proper classification of any | ||||||
14 | service shall rest upon the telecommunications
carrier | ||||||
15 | providing the service. After notice and hearing, the Commission
| ||||||
16 | shall order the proper
classification of any service in whole | ||||||
17 | or in part. The Commission shall
make its determination and | ||||||
18 | issue its final order no later than 180 days
from the date such | ||||||
19 | hearing or investigation is initiated. If the Commission
enters | ||||||
20 | into a hearing upon complaint and if the Commission fails to | ||||||
21 | issue
an order within that period, the complaint shall be | ||||||
22 | deemed granted unless
the Commission, the complainant, and the | ||||||
23 | telecommunications carrier
providing the service agree to | ||||||
24 | extend the time period.
| ||||||
25 | (c) In determining whether a service should be reclassified | ||||||
26 | as
competitive, the Commission shall, at a minimum, consider |
| |||||||
| |||||||
1 | the following
factors:
| ||||||
2 | (1) the number, size, and geographic distribution of | ||||||
3 | other providers of
the
service;
| ||||||
4 | (2) the availability of functionally equivalent | ||||||
5 | services in the relevant
geographic area and the ability of | ||||||
6 | telecommunications carriers or other
persons
to make the | ||||||
7 | same, equivalent, or substitutable service readily | ||||||
8 | available in the
relevant market at comparable rates, | ||||||
9 | terms, and conditions;
| ||||||
10 | (3) the existence of economic, technological, or any | ||||||
11 | other barriers to
entry into, or exit from, the relevant | ||||||
12 | market;
| ||||||
13 | (4) the extent to which other telecommunications | ||||||
14 | companies must rely upon
the service of another | ||||||
15 | telecommunications carrier to provide telecommunications
| ||||||
16 | service; and
| ||||||
17 | (5) any other factors that may affect competition and | ||||||
18 | the public interest
that the Commission deems appropriate.
| ||||||
19 | (d) No tariff classifying a new telecommunications service | ||||||
20 | as
competitive or
reclassifying a previously noncompetitive | ||||||
21 | telecommunications service as
competitive, which is filed by a | ||||||
22 | telecommunications carrier which also
offers or provides | ||||||
23 | noncompetitive telecommunications service, shall be
effective | ||||||
24 | unless and until such telecommunications carrier offering or
| ||||||
25 | providing, or seeking to offer or provide, such proposed | ||||||
26 | competitive
service prepares and files a study of the long-run |
| |||||||
| |||||||
1 | service incremental cost
underlying such service and | ||||||
2 | demonstrates that the tariffed rates and
charges for the | ||||||
3 | service and any relevant group of services that includes
the | ||||||
4 | proposed competitive service and for which resources are used | ||||||
5 | in common
solely by that group of services are not less than | ||||||
6 | the long-run service
incremental cost of providing the service | ||||||
7 | and each relevant group of services.
Such study shall be given | ||||||
8 | proprietary treatment by the Commission at the
request of such | ||||||
9 | carrier if any other provider of the competitive service,
its | ||||||
10 | functional equivalent, or a substitute service in the | ||||||
11 | geographical area
described by the proposed tariff has not | ||||||
12 | filed, or has not been required to
file, such a study.
| ||||||
13 | (e) In the event any telecommunications service has been
| ||||||
14 | classified and
filed as competitive by the telecommunications | ||||||
15 | carrier, and has been
offered or provided on such basis, and | ||||||
16 | the Commission subsequently
determines after investigation | ||||||
17 | that such classification improperly included
services which | ||||||
18 | were in fact noncompetitive, the Commission shall have the
| ||||||
19 | power to determine and order refunds to customers for any | ||||||
20 | overcharges which
may have resulted from the improper | ||||||
21 | classification, or to order such other
remedies provided to it | ||||||
22 | under this Act, or to seek an appropriate remedy or
relief in a | ||||||
23 | court of competent jurisdiction.
| ||||||
24 | (f) If no hearing or investigation regarding the propriety | ||||||
25 | of a
competitive
classification of a telecommunications | ||||||
26 | service is initiated within 180 days
after a
telecommunications |
| |||||||
| |||||||
1 | carrier files a tariff listing such telecommunications
service | ||||||
2 | as competitive, no refunds to customers for any overcharges | ||||||
3 | which may
result from an improper classification shall be | ||||||
4 | ordered for the period from the
time the telecommunications | ||||||
5 | carrier filed such tariff listing the service as
competitive up | ||||||
6 | to the time an investigation of the service classification is
| ||||||
7 | initiated by the Commission's own motion or the filing of a | ||||||
8 | complaint. Where a
hearing or an investigation regarding the | ||||||
9 | propriety of a telecommunications
service classification as | ||||||
10 | competitive is initiated after 180 days from the
filing of the | ||||||
11 | tariff, the period subject to refund for improper | ||||||
12 | classification
shall begin on the date such investigation or | ||||||
13 | hearing is initiated by the
filing of a Commission motion or a | ||||||
14 | complaint.
| ||||||
15 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
16 | (220 ILCS 5/13-502.5)
| ||||||
17 | Sec. 13-502.5. Services alleged to be improperly | ||||||
18 | classified.
| ||||||
19 | (a) Any action or proceeding pending before the Commission | ||||||
20 | upon the
effective date of this amendatory Act of the 92nd | ||||||
21 | General Assembly in which it
is alleged that a | ||||||
22 | telecommunications carrier has improperly classified services
| ||||||
23 | as competitive, other than a case pertaining to Section | ||||||
24 | 13-506.1,
shall be abated and shall not be maintained or | ||||||
25 | continued.
|
| |||||||
| |||||||
1 | (b) All retail telecommunications services provided to | ||||||
2 | business end users by
any telecommunications carrier subject, | ||||||
3 | as of May 1, 2001, to alternative
regulation
under an | ||||||
4 | alternative regulation plan pursuant to Section 13-506.1 of | ||||||
5 | this Act
shall be
classified as competitive as of the effective | ||||||
6 | date of this amendatory Act of
the 92nd
General Assembly | ||||||
7 | without further Commission review. Rates for retail
| ||||||
8 | telecommunications services provided to business end users | ||||||
9 | with 4 or fewer
access lines
shall not exceed the rates the | ||||||
10 | carrier charged for those services on May 1,
2001. This
| ||||||
11 | restriction upon the rates of retail telecommunications | ||||||
12 | services provided to business end
users shall remain in force | ||||||
13 | and effect through July 1, 2005; provided, however, that
| ||||||
14 | nothing in this Section shall be construed to prohibit | ||||||
15 | reduction of those rates. Rates for
retail telecommunications | ||||||
16 | services provided to business end users with 5 or
more access
| ||||||
17 | lines shall not be subject to the restrictions set forth in | ||||||
18 | this subsection.
| ||||||
19 | (c) All retail vertical services, as defined herein, that | ||||||
20 | are provided by a
telecommunications carrier subject, as of May | ||||||
21 | 1, 2001, to alternative
regulation under an
alternative | ||||||
22 | regulation plan pursuant to Section 13-506.1 of this Act shall | ||||||
23 | be
classified as
competitive as of June 1, 2003 without further | ||||||
24 | Commission review. Retail
vertical
services shall include, for | ||||||
25 | purposes of this Section, services available on a
subscriber's
| ||||||
26 | telephone line that the subscriber pays for on a periodic or |
| |||||||
| |||||||
1 | per use basis, but
shall not
include caller identification and | ||||||
2 | call waiting.
| ||||||
3 | (d) Any action or proceeding before the Commission upon the | ||||||
4 | effective date
of this amendatory Act of the 92nd General | ||||||
5 | Assembly, in which it is alleged
that a telecommunications | ||||||
6 | carrier has improperly classified services as
competitive, | ||||||
7 | other than a case pertaining to Section 13-506.1, shall be | ||||||
8 | abated
and the services the classification of which is at issue
| ||||||
9 | shall
be deemed
either competitive or noncompetitive as set | ||||||
10 | forth in this Section. Any
telecommunications carrier subject | ||||||
11 | to an action or proceeding in which it is
alleged that the | ||||||
12 | telecommunications carrier has improperly classified services
| ||||||
13 | as competitive shall be deemed liable to refund, and shall | ||||||
14 | refund, the sum of
$90,000,000 to that class or those classes | ||||||
15 | of its customers that were alleged
to have paid rates in excess | ||||||
16 | of noncompetitive rates as the result of the
alleged improper | ||||||
17 | classification. The telecommunications carrier shall make
the | ||||||
18 | refund no later than 120 days after the effective date of this | ||||||
19 | amendatory
Act of the 92nd General Assembly.
| ||||||
20 | (e) Any telecommunications carrier subject to an action or | ||||||
21 | proceeding in
which
it is alleged that the telecommunications | ||||||
22 | carrier has improperly classified
services as competitive | ||||||
23 | shall also pay the sum of $15,000,000 to the Digital
Divide | ||||||
24 | Elimination Fund established pursuant to Section 5-20 of the | ||||||
25 | Eliminate
the Digital Divide Law, and shall further pay the sum | ||||||
26 | of $15,000,000 to the
Digital Divide Elimination |
| |||||||
| |||||||
1 | Infrastructure Fund established pursuant to Section
13-301.3 | ||||||
2 | of this Act. The telecommunications carrier shall make each of | ||||||
3 | these
payments
in 3 installments of $5,000,000, payable on July | ||||||
4 | 1 of 2002, 2003, and 2004.
The
telecommunications carrier shall | ||||||
5 | have no further
accounting for these payments, which shall be | ||||||
6 | used for the purposes established
in the Eliminate the Digital | ||||||
7 | Divide Law.
| ||||||
8 | (f) All other services shall be classified pursuant to | ||||||
9 | Section 13-502 of
this
Act.
| ||||||
10 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
11 | (220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
| ||||||
12 | Sec. 13-503. Information available to the public. With | ||||||
13 | respect to rates or other charges made, demanded, or
received | ||||||
14 | for any telecommunications service offered, provided, or to be
| ||||||
15 | provided, that is subject to subsection (a) of Section 13-501 | ||||||
16 | of this Act,
telecommunications carriers shall comply with the | ||||||
17 | publication and filing
provisions of Sections 9-101, 9-102, | ||||||
18 | 9-102.1, and 9-201 of this Act. Except for the provision of | ||||||
19 | services offered or provided by payphone providers pursuant to | ||||||
20 | a tariff, telecommunications carriers shall make all tariffs | ||||||
21 | and all written service offerings for competitive | ||||||
22 | telecommunications service available electronically to the | ||||||
23 | public without requiring a password or other means of | ||||||
24 | registration. A telecommunications carrier's website shall, if | ||||||
25 | applicable, provide in a conspicuous manner information on the |
| |||||||
| |||||||
1 | rates, charges, terms, and conditions of service available and | ||||||
2 | a toll-free telephone number that may be used to contact an | ||||||
3 | agent for assistance with obtaining rate or other charge | ||||||
4 | information or the terms and conditions of service.
| ||||||
5 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
6 | (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
| ||||||
7 | Sec. 13-504. Application of ratemaking provisions of | ||||||
8 | Article IX.
| ||||||
9 | (a) Except where the context clearly renders such | ||||||
10 | provisions
inapplicable, the ratemaking provisions of Article | ||||||
11 | IX of this Act relating
to public utilities are fully and | ||||||
12 | equally applicable to the rates, charges,
tariffs and | ||||||
13 | classifications for the offer or provision of noncompetitive
| ||||||
14 | telecommunications services. However, the ratemaking | ||||||
15 | provisions do not apply to
any proposed change in rates or | ||||||
16 | charges, any proposed change in any
classification or tariff | ||||||
17 | resulting in a change in rates or charges, or the
establishment | ||||||
18 | of new services and rates therefor for
a noncompetitive local | ||||||
19 | exchange telecommunications service offered or provided
by a | ||||||
20 | local exchange telecommunications carrier with no more than | ||||||
21 | 35,000
subscriber access lines. Proposed changes in rates, | ||||||
22 | charges,
classifications, or tariffs meeting these criteria | ||||||
23 | shall be permitted upon
the filing of the proposed tariff and | ||||||
24 | 30 days notice to the Commission and
all potentially affected | ||||||
25 | customers. The proposed changes shall not be
subject to |
| |||||||
| |||||||
1 | suspension. The Commission shall investigate whether any | ||||||
2 | proposed
change is just and reasonable only if a | ||||||
3 | telecommunications
carrier that is
a customer of the local | ||||||
4 | exchange telecommunications carrier or 10% of the potentially | ||||||
5 | affected access line subscribers of the
local exchange | ||||||
6 | telecommunications carrier shall file a petition or
complaint | ||||||
7 | requesting an investigation of the proposed
changes. When the
| ||||||
8 | telecommunications carrier or 10% of the
potentially
affected | ||||||
9 | access line subscribers of a local exchange telecommunications
| ||||||
10 | carrier file a complaint, the Commission shall, after notice | ||||||
11 | and hearing,
have the power and duty to establish the rates, | ||||||
12 | charges, classifications,
or tariffs it finds to be just and | ||||||
13 | reasonable.
| ||||||
14 | (b) Subsection (c) of Section 13-502 and Sections 13-505.1, | ||||||
15 | 13-505.4,
13-505.6, and 13-507 of this Article do not
apply to | ||||||
16 | rates or charges or proposed changes in rates or charges for
| ||||||
17 | applicable competitive or interexchange services when offered | ||||||
18 | or provided
by a local exchange telecommunications carrier with | ||||||
19 | no more than 35,000
subscriber access lines. In addition, | ||||||
20 | Sections 13-514, 13-515, and 13-516 do
not apply to | ||||||
21 | telecommunications carriers with no more than 35,000 | ||||||
22 | subscriber
access
lines. The Commission may require | ||||||
23 | telecommunications
carriers with no more than 35,000 | ||||||
24 | subscriber access lines to
furnish
information that the | ||||||
25 | Commission deems necessary for a determination that
rates and | ||||||
26 | charges for any competitive telecommunications service are
|
| |||||||
| |||||||
1 | just and reasonable.
| ||||||
2 | (c) For a local exchange telecommunications carrier with no | ||||||
3 | more than
35,000 access lines, the Commission shall consider | ||||||
4 | and adjust,
as
appropriate, a local exchange | ||||||
5 | telecommunications carrier's depreciation
rates only in | ||||||
6 | ratemaking proceedings.
| ||||||
7 | (d) Article VI and Sections 7-101 and 7-102 of Article VII | ||||||
8 | of this Act
pertaining to public utilities, public utility | ||||||
9 | rates and services, and the
regulation thereof are not | ||||||
10 | applicable to local exchange telecommunication
carriers with | ||||||
11 | no more than 35,000 subscriber access lines.
| ||||||
12 | (Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97 .)
| ||||||
13 | (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
| ||||||
14 | Sec. 13-505. Rate changes; competitive services. Any | ||||||
15 | proposed increase or decrease in rates or charges, or proposed
| ||||||
16 | change in any
classification, written service offering, or | ||||||
17 | tariff resulting in an increase or decrease in
rates or | ||||||
18 | charges, for
a competitive telecommunications service shall be | ||||||
19 | permitted upon the filing with the Commission or posting on the | ||||||
20 | telecommunications carrier's website
of the proposed rate, | ||||||
21 | charge, classification, written service offering, or tariff | ||||||
22 | pursuant to Section 13-501 of this Act. Notice of an
increase | ||||||
23 | shall be given, no later than the prior billing cycle, to
all | ||||||
24 | potentially affected customers by mail or equivalent means of | ||||||
25 | notice, including electronic if the customer has elected |
| |||||||
| |||||||
1 | electronic billing. Additional notice by publication in a | ||||||
2 | newspaper of
general circulation may also be given.
| ||||||
3 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
4 | (220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)
| ||||||
5 | Sec. 13-505.2.
Nondiscrimination in the provision of | ||||||
6 | noncompetitive
services. A telecommunications carrier that | ||||||
7 | offers both noncompetitive and
competitive services shall | ||||||
8 | offer the noncompetitive services under the same
rates, terms, | ||||||
9 | and conditions without unreasonable discrimination to all
| ||||||
10 | persons, including all telecommunications carriers and | ||||||
11 | competitors.
A telecommunications carrier that offers a | ||||||
12 | noncompetitive service together
with any optional feature or | ||||||
13 | functionality shall offer the
noncompetitive service together | ||||||
14 | with each optional feature or
functionality under the same | ||||||
15 | rates, terms, and conditions without
unreasonable | ||||||
16 | discrimination to all persons, including all
| ||||||
17 | telecommunications carriers and competitors.
| ||||||
18 | (Source: P.A. 87-856 .)
| ||||||
19 | (220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3)
| ||||||
20 | Sec. 13-505.3. Services for resale. A telecommunications | ||||||
21 | carrier that
offers both noncompetitive and competitive | ||||||
22 | services shall offer all
noncompetitive services, together | ||||||
23 | with each applicable optional feature or
functionality, | ||||||
24 | subject to resale; however, the Commission may determine
under |
| |||||||
| |||||||
1 | Article IX of this Act that certain noncompetitive services, | ||||||
2 | together
with each applicable optional feature or | ||||||
3 | functionality, that are offered to
residence customers under | ||||||
4 | different rates, charges, terms, or conditions
than to other | ||||||
5 | customers should not be subject to resale under the rates,
| ||||||
6 | charges, terms, or conditions available only to residence | ||||||
7 | customers.
| ||||||
8 | (Source: P.A. 87-856 .)
| ||||||
9 | (220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
| ||||||
10 | Sec. 13-505.4. Provision of noncompetitive services.
| ||||||
11 | (a) A telecommunications carrier that offers or provides a
| ||||||
12 | noncompetitive service, service element, feature, or | ||||||
13 | functionality on a
separate, stand-alone basis to any customer | ||||||
14 | shall provide that service,
service element, feature, or | ||||||
15 | functionality pursuant to tariff to all
persons, including all | ||||||
16 | telecommunications carriers and competitors, in
accordance | ||||||
17 | with the provisions of this Article.
| ||||||
18 | (b) A telecommunications carrier that offers or provides a
| ||||||
19 | noncompetitive service, service element, feature, or | ||||||
20 | functionality to any
customer as part of an offering of | ||||||
21 | competitive services pursuant to tariff
or contract shall | ||||||
22 | publicly disclose the offering or provisioning of the
| ||||||
23 | noncompetitive service, service element, feature, or | ||||||
24 | functionality by
filing with the Commission information that | ||||||
25 | generally describes the
offering or provisioning and that shows |
| |||||||
| |||||||
1 | the rates, terms, and conditions of
the noncompetitive service, | ||||||
2 | service element, feature, or functionality.
The information | ||||||
3 | shall be filed with the Commission concurrently with the
filing | ||||||
4 | of the tariff or not more than 10 days following the customer's
| ||||||
5 | acceptance of the offering in a contract. | ||||||
6 | (c) A telecommunications carrier that is not subject to | ||||||
7 | regulation under an alternative regulation plan pursuant to | ||||||
8 | Section 13-506.1 of this Act may reduce the rate or charge for | ||||||
9 | a noncompetitive service, service element, feature, or | ||||||
10 | functionality offered to customers on a separate, stand-alone | ||||||
11 | basis or as part of a bundled service offering by filing with | ||||||
12 | the Commission a tariff that shows the reduced rate or charge | ||||||
13 | and all applicable terms and conditions of the noncompetitive | ||||||
14 | service, service element, feature, or functionality or bundled | ||||||
15 | offering. The reduction of rates or charges shall be permitted | ||||||
16 | upon the filing of the proposed rate, charge, classification, | ||||||
17 | tariff, or bundled offering. The total price of a bundled | ||||||
18 | offering shall not attribute any portion of the charge to | ||||||
19 | services subject to the jurisdiction of the Commission and | ||||||
20 | shall not be binding on the Commission in any proceeding under | ||||||
21 | Article IX of this Act to set the revenue requirement or to set | ||||||
22 | just and reasonable rates for services subject to the | ||||||
23 | jurisdiction of the Commission. Prices for bundles shall not be | ||||||
24 | subject to Section 13-505.1 of this Act. For purposes of this | ||||||
25 | subsection (c), a bundle is a group of services offered | ||||||
26 | together for a fixed price where at least one of the services |
| |||||||
| |||||||
1 | is an interLATA service as that term is defined in 47 U.S.C. | ||||||
2 | 153(21), a cable service or a video service, a community | ||||||
3 | antenna television service, a satellite broadcast service, a | ||||||
4 | public mobile service as defined in Section 13-214 of this Act, | ||||||
5 | or an advanced telecommunications service as "advanced | ||||||
6 | telecommunications services" is defined in Section 13-517 of | ||||||
7 | this Act.
| ||||||
8 | (Source: P.A. 95-9, eff. 6-30-07 .)
| ||||||
9 | (220 ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5)
| ||||||
10 | Sec. 13-505.5. Requests for new noncompetitive services. | ||||||
11 | Any party may
petition the Commission to request the provision | ||||||
12 | of a noncompetitive
service not currently provided by a local | ||||||
13 | exchange carrier within its
service territory. The Commission | ||||||
14 | shall grant the petition, provided that
it can be demonstrated | ||||||
15 | that the provisioning of the requested service is
technically | ||||||
16 | and economically practicable considering demand for the
| ||||||
17 | service, and absent a finding that provision of the service is | ||||||
18 | otherwise
contrary to the public interest. The Commission shall | ||||||
19 | render its decision
within 180 days after the filing of the | ||||||
20 | petition unless extension of the
time period is agreed to by | ||||||
21 | all the parties to the proceeding.
| ||||||
22 | (Source: P.A. 87-856 .)
| ||||||
23 | (220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6)
| ||||||
24 | Sec. 13-505.6. Unbundling of noncompetitive services. A
|
| |||||||
| |||||||
1 | telecommunications carrier that provides both noncompetitive | ||||||
2 | and
competitive telecommunications services shall provide all | ||||||
3 | noncompetitive
telecommunications services on an unbundled | ||||||
4 | basis to the same extent the
Federal Communications Commission | ||||||
5 | requires that carrier to unbundle the
same services provided | ||||||
6 | under its jurisdiction. The Illinois Commerce
Commission may | ||||||
7 | require additional unbundling of noncompetitive
| ||||||
8 | telecommunications services over which it has jurisdiction | ||||||
9 | based on a
determination, after notice and hearing, that | ||||||
10 | additional unbundling is in
the public interest and is | ||||||
11 | consistent with the policy goals and other
provisions of this | ||||||
12 | Act.
| ||||||
13 | (Source: P.A. 87-856 .)
| ||||||
14 | (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
| ||||||
15 | Sec. 13-506.1. Alternative forms of regulation for | ||||||
16 | noncompetitive services.
| ||||||
17 | (a) Notwithstanding any of the ratemaking provisions of | ||||||
18 | this Article or
Article IX that are deemed to require rate of | ||||||
19 | return regulation, the
Commission may implement alternative | ||||||
20 | forms of regulation in order to
establish just and reasonable | ||||||
21 | rates for noncompetitive telecommunications
services | ||||||
22 | including, but not limited to, price regulation, earnings | ||||||
23 | sharing,
rate moratoria, or a network modernization plan. The | ||||||
24 | Commission is
authorized to adopt different forms of regulation | ||||||
25 | to fit the particular
characteristics of different |
| |||||||
| |||||||
1 | telecommunications carriers and their service
areas.
| ||||||
2 | In addition to the public policy goals declared in Section | ||||||
3 | 13-103, the
Commission shall consider, in determining the | ||||||
4 | appropriateness of any
alternative form of regulation, whether | ||||||
5 | it will:
| ||||||
6 | (1) reduce regulatory delay and costs over time;
| ||||||
7 | (2) encourage innovation in services;
| ||||||
8 | (3) promote efficiency;
| ||||||
9 | (4) facilitate the broad dissemination of technical | ||||||
10 | improvements to
all classes of ratepayers;
| ||||||
11 | (5) enhance economic development of the State; and
| ||||||
12 | (6) provide for fair, just, and reasonable rates.
| ||||||
13 | (b) A telecommunications carrier providing noncompetitive
| ||||||
14 | telecommunications services may petition the Commission to | ||||||
15 | regulate the
rates or charges of its noncompetitive services | ||||||
16 | under an alternative form
of regulation. The | ||||||
17 | telecommunications carrier shall submit with its
petition its | ||||||
18 | plan for an alternative form of regulation. The Commission
| ||||||
19 | shall review and may modify or reject the carrier's proposed | ||||||
20 | plan. The
Commission also may initiate consideration of | ||||||
21 | alternative
forms of regulation for a telecommunications | ||||||
22 | carrier on its own motion.
The Commission may approve the plan | ||||||
23 | or modified plan and authorize its
implementation only if it | ||||||
24 | finds, after notice and hearing, that the plan or
modified plan | ||||||
25 | at a minimum:
| ||||||
26 | (1) is in the public interest;
|
| |||||||
| |||||||
1 | (2) will produce fair, just, and reasonable rates for
| ||||||
2 | telecommunications services;
| ||||||
3 | (3) responds to changes in technology and the structure | ||||||
4 | of the
telecommunications industry that are, in fact, | ||||||
5 | occurring;
| ||||||
6 | (4) constitutes a more appropriate form of regulation | ||||||
7 | based on the
Commission's overall consideration of the | ||||||
8 | policy goals set forth in
Section 13-103 and this Section;
| ||||||
9 | (5) specifically identifies how ratepayers will | ||||||
10 | benefit from any
efficiency gains, cost savings arising out | ||||||
11 | of the regulatory change, and
improvements in productivity | ||||||
12 | due to technological change;
| ||||||
13 | (6) will maintain the quality and availability of | ||||||
14 | telecommunications
services; and
| ||||||
15 | (7) will not unduly or unreasonably prejudice or | ||||||
16 | disadvantage any
particular customer class, including | ||||||
17 | telecommunications carriers.
| ||||||
18 | (c) An alternative regulation plan approved under this | ||||||
19 | Section shall
provide, as a condition for Commission approval | ||||||
20 | of the plan, that for the
first 3 years the plan is in effect, | ||||||
21 | basic residence service rates shall be
no higher than those | ||||||
22 | rates in effect 180 days before the filing of the
plan. This | ||||||
23 | provision shall not be used as a justification or rationale for
| ||||||
24 | an increase in basic service rates for any other customer | ||||||
25 | class. For
purposes of this Section, "basic residence service | ||||||
26 | rates" shall mean
monthly recurring charges for the |
| |||||||
| |||||||
1 | telecommunications carrier's lowest
priced primary residence | ||||||
2 | network access lines, along
with any associated untimed or flat | ||||||
3 | rate local usage charges. Nothing in
this subsection (c) shall | ||||||
4 | preclude the Commission from approving an
alternative | ||||||
5 | regulation plan that results in rate reductions
provided all | ||||||
6 | the requirements of subsection (b) are satisfied by the plan.
| ||||||
7 | (d) Any alternative form of regulation granted for a | ||||||
8 | multi-year period
under this Section shall provide for annual | ||||||
9 | or more frequent reporting to
the Commission to document that | ||||||
10 | the requirements of the plan are being
properly implemented.
| ||||||
11 | (e) Upon petition by the telecommunications carrier or any | ||||||
12 | other person
or upon its own motion, the Commission may rescind | ||||||
13 | its approval of an
alternative form of regulation if, after | ||||||
14 | notice and hearing, it finds that
the conditions set forth in | ||||||
15 | subsection (b) of this Section can no longer be
satisfied. Any | ||||||
16 | person may file a complaint alleging that the rates charged
by | ||||||
17 | a telecommunications carrier under an alternative form of | ||||||
18 | regulation are
unfair, unjust, unreasonable, unduly | ||||||
19 | discriminatory, or are otherwise not
consistent with the | ||||||
20 | requirements of this Article; provided, that the
complainant | ||||||
21 | shall bear the burden of proving the allegations in the | ||||||
22 | complaint.
| ||||||
23 | (f) Nothing in this Section shall be construed to authorize | ||||||
24 | the
Commission to render Sections 9-241, 9-250, and 13-505.2 | ||||||
25 | inapplicable to
noncompetitive services.
| ||||||
26 | (Source: P.A. 87-856 .)
|
| |||||||
| |||||||
1 | (220 ILCS 5/13-506.2) | ||||||
2 | Sec. 13-506.2. Market regulation for competitive retail | ||||||
3 | services. | ||||||
4 | (a) Definitions. As used in this Section: | ||||||
5 | (1) "Electing Provider" means a telecommunications | ||||||
6 | carrier that is subject to either rate regulation pursuant | ||||||
7 | to Section 13-504 or Section 13-505 or alternative | ||||||
8 | regulation pursuant to Section 13-506.1 and that elects to | ||||||
9 | have the rates, terms, and conditions of its competitive | ||||||
10 | retail telecommunications services solely determined and | ||||||
11 | regulated pursuant to the terms of this Article. | ||||||
12 | (2) "Basic local exchange service" means either a | ||||||
13 | stand-alone residence network access line and per-call | ||||||
14 | usage or, for any geographic area in which such stand-alone | ||||||
15 | service is not offered, a stand-alone flat rate residence | ||||||
16 | network access line for which local calls are not charged | ||||||
17 | for frequency or duration. Extended Area Service shall be | ||||||
18 | included in basic local exchange service. | ||||||
19 | (3) "Existing customer" means a residential customer | ||||||
20 | who was subscribing to one of the optional packages | ||||||
21 | described in subsection (d) of this Section as of the | ||||||
22 | effective date of this amendatory Act of the 99th General | ||||||
23 | Assembly. A customer who was subscribing to one of the | ||||||
24 | optional packages on that date but stops subscribing | ||||||
25 | thereafter shall not be considered an "existing customer" |
| |||||||
| |||||||
1 | as of the date the customer stopped subscribing to the | ||||||
2 | optional package, unless the stoppage is temporary and | ||||||
3 | caused by the customer changing service address locations, | ||||||
4 | or unless the customer resumes subscribing and is eligible | ||||||
5 | to receive discounts on monthly telephone service under the | ||||||
6 | federal Lifeline program, 47 C.F.R. Part 54, Subpart E. | ||||||
7 | (4) "New customer" means a residential customer who was | ||||||
8 | not subscribing to one of the optional packages described | ||||||
9 | in subsection (d) of this Section as of the effective date | ||||||
10 | of this amendatory Act of the 99th General Assembly and who | ||||||
11 | is eligible to receive discounts on monthly telephone | ||||||
12 | service under the federal Lifeline program, 47 C.F.R. Part | ||||||
13 | 54, Subpart E. | ||||||
14 | (b) Election for market regulation.
Notwithstanding any | ||||||
15 | other provision of this Act, an Electing Provider may elect to | ||||||
16 | have the rates, terms, and conditions of its competitive retail | ||||||
17 | telecommunications services solely determined and regulated | ||||||
18 | pursuant to the terms of this Section by filing written notice | ||||||
19 | of its election for market regulation with the Commission. The | ||||||
20 | notice of election shall designate the geographic area of the | ||||||
21 | Electing Provider's service territory where the market | ||||||
22 | regulation shall apply, either on a state-wide basis or in one | ||||||
23 | or more specified Market Service Areas ("MSA") or Exchange | ||||||
24 | areas. An Electing Provider shall not make an election for | ||||||
25 | market regulation under this Section unless it commits in its | ||||||
26 | written notice of election for market regulation to fulfill the |
| |||||||
| |||||||
1 | conditions and requirements in this Section in each geographic | ||||||
2 | area in which market regulation is elected. Immediately upon | ||||||
3 | filing the notice of election for market regulation, the | ||||||
4 | Electing Provider shall be subject to the jurisdiction of the | ||||||
5 | Commission to the extent expressly provided in this Section. | ||||||
6 | (c) Competitive classification. Market regulation shall be | ||||||
7 | available for competitive retail telecommunications services | ||||||
8 | as provided in this subsection. | ||||||
9 | (1) For geographic areas in which telecommunications | ||||||
10 | services provided by the Electing Provider were classified | ||||||
11 | as competitive either through legislative action or a | ||||||
12 | tariff filing pursuant to Section 13-502 prior to January | ||||||
13 | 1, 2010, and that are included in the Electing Provider's | ||||||
14 | notice of election pursuant to subsection (b) of this | ||||||
15 | Section, such services, and all recurring and nonrecurring | ||||||
16 | charges associated with, related to or used in connection | ||||||
17 | with such services, shall be classified as competitive | ||||||
18 | without further Commission review. For services classified | ||||||
19 | as competitive pursuant to this subsection, the | ||||||
20 | requirements or conditions in any order or decision | ||||||
21 | rendered by the Commission pursuant to Section 13-502 prior | ||||||
22 | to the effective date of this amendatory Act of the 96th | ||||||
23 | General Assembly, except for the commitments made by the | ||||||
24 | Electing Provider in such order or decision concerning the | ||||||
25 | optional packages required in subsection (d) of this | ||||||
26 | Section and basic local exchange service as defined in this |
| |||||||
| |||||||
1 | Section, shall no longer be in effect and no Commission | ||||||
2 | investigation, review, or proceeding under Section 13-502 | ||||||
3 | shall be continued, conducted, or maintained with respect | ||||||
4 | to such services, charges, requirements, or conditions. If | ||||||
5 | an Electing Provider has ceased providing optional | ||||||
6 | packages to customers pursuant to subdivision (d)(8) of | ||||||
7 | this Section, the commitments made by the Electing Provider | ||||||
8 | in such order or decision concerning the optional packages | ||||||
9 | under subsection (d) of this Section shall no longer be in | ||||||
10 | effect and no Commission investigation, review, or | ||||||
11 | proceeding under Section 13-502 shall be continued, | ||||||
12 | conducted, or maintained with respect to such packages. | ||||||
13 | (2) For those geographic areas in which residential | ||||||
14 | local exchange telecommunications services have not been | ||||||
15 | classified as competitive as of the effective date of this | ||||||
16 | amendatory Act of the 96th General Assembly, all | ||||||
17 | telecommunications services provided to residential and | ||||||
18 | business end users by an Electing Provider in the | ||||||
19 | geographic area that is included in its notice of election | ||||||
20 | pursuant to subsection (b) shall be classified as | ||||||
21 | competitive for purposes of this Article without further | ||||||
22 | Commission review. | ||||||
23 | (3) If an Electing Provider was previously subject to | ||||||
24 | alternative regulation pursuant to Section 13-506.1 of | ||||||
25 | this Article, the alternative regulation plan shall | ||||||
26 | terminate in whole for all services subject to that plan |
| |||||||
| |||||||
1 | and be of no force or effect, without further Commission | ||||||
2 | review or action, when the Electing Provider's residential | ||||||
3 | local exchange telecommunications service in each MSA in | ||||||
4 | its telecommunications service area in the State has been | ||||||
5 | classified as competitive pursuant to either subdivision | ||||||
6 | (c)(1) or (c)(2) of this Section. | ||||||
7 | (4) The service packages described in Section 13-518 | ||||||
8 | shall be classified as competitive for purposes of this | ||||||
9 | Section if offered by an Electing Provider in a geographic | ||||||
10 | area in which local exchange telecommunications service | ||||||
11 | has been classified as competitive pursuant to either | ||||||
12 | subdivision (c)(1) or (c)(2) of this Section. | ||||||
13 | (5) Where a service, or its functional equivalent, or a | ||||||
14 | substitute service offered by a carrier that is not an | ||||||
15 | Electing Provider or the incumbent local exchange carrier | ||||||
16 | for that area is also being offered by an Electing Provider | ||||||
17 | for some identifiable class or group of customers in an | ||||||
18 | exchange, group of exchanges, or some other clearly defined | ||||||
19 | geographical area, the service offered by a carrier that is | ||||||
20 | not an Electing Provider or the incumbent local exchange | ||||||
21 | carrier for that area shall be classified as competitive | ||||||
22 | without further Commission review. | ||||||
23 | (6) Notwithstanding any other provision of this Act, | ||||||
24 | retail telecommunications services classified as | ||||||
25 | competitive pursuant to Section 13-502 or subdivision | ||||||
26 | (c)(5) of this Section shall have their rates, terms, and |
| |||||||
| |||||||
1 | conditions solely determined and regulated pursuant to the | ||||||
2 | terms of this Section in the same manner and to the same | ||||||
3 | extent as the competitive retail telecommunications | ||||||
4 | services of an Electing Provider, except that subsections | ||||||
5 | (d), (g), and (j) of this Section shall not apply to a | ||||||
6 | carrier that is not an Electing Provider or to the | ||||||
7 | competitive telecommunications services of a carrier that | ||||||
8 | is not an Electing Provider. The access services of a | ||||||
9 | carrier that is not an Electing Provider shall remain | ||||||
10 | subject to Section 13-900.2. The requirements in | ||||||
11 | subdivision (e)(3) of this Section shall not apply to | ||||||
12 | retail telecommunications services classified as | ||||||
13 | competitive pursuant to Section 13-502 or subdivision | ||||||
14 | (c)(5) of this Section, except that, upon request from the | ||||||
15 | Commission, the telecommunications carrier providing | ||||||
16 | competitive retail telecommunications services shall | ||||||
17 | provide a report showing the number of credits and | ||||||
18 | exemptions for the requested time period. | ||||||
19 | (d) Consumer choice safe harbor options. | ||||||
20 | (1) Subject to subdivision (d)(8) of this Section, an | ||||||
21 | Electing Provider in each of the MSA or Exchange areas | ||||||
22 | classified as competitive pursuant to subdivision (c)(1) | ||||||
23 | or (c)(2) of this Section shall offer to all residential | ||||||
24 | customers who choose to subscribe the following optional | ||||||
25 | packages of services priced at the same rate levels in | ||||||
26 | effect on January 1, 2010: |
| |||||||
| |||||||
1 | (A) A basic package, which shall consist of a | ||||||
2 | stand-alone residential network access line and 30 | ||||||
3 | local calls. If the Electing Provider offers a | ||||||
4 | stand-alone residential access line and local usage on | ||||||
5 | a per call basis, the price for the basic package shall | ||||||
6 | be the Electing Provider's applicable price in effect | ||||||
7 | on January 1, 2010 for the sum of a residential access | ||||||
8 | line and 30 local calls, additional calls over 30 calls | ||||||
9 | shall be provided at the current per call rate. | ||||||
10 | However, this basic package is not required if | ||||||
11 | stand-alone residential network access lines or | ||||||
12 | per-call local usage are not offered by the Electing | ||||||
13 | Provider in the geographic area on January 1, 2010 or | ||||||
14 | if the Electing Provider has not increased its | ||||||
15 | stand-alone network access line and local usage rates, | ||||||
16 | including Extended Area Service rates, since January | ||||||
17 | 1, 2010. | ||||||
18 | (B) An extra package, which shall consist of | ||||||
19 | residential basic local exchange network access line | ||||||
20 | and unlimited local calls. The price for the extra | ||||||
21 | package shall be the Electing Provider's applicable | ||||||
22 | price in effect on January 1, 2010 for a residential | ||||||
23 | access line with unlimited local calls. | ||||||
24 | (C) A plus package, which shall consist of | ||||||
25 | residential basic local exchange network access line, | ||||||
26 | unlimited local calls, and the customer's choice of 2 |
| |||||||
| |||||||
1 | vertical services offered by the Electing Provider. | ||||||
2 | The term "vertical services" as used in this | ||||||
3 | subsection, includes, but is not limited to, call | ||||||
4 | waiting, call forwarding, 3-way calling, caller ID, | ||||||
5 | call tracing, automatic callback, repeat dialing, and | ||||||
6 | voicemail. The price for the plus package shall be the | ||||||
7 | Electing Provider's applicable price in effect on | ||||||
8 | January 1, 2010 for the sum of a residential access | ||||||
9 | line with unlimited local calls and 2 times the average | ||||||
10 | price for the vertical features included in the | ||||||
11 | package. | ||||||
12 | (2) Subject to subdivision (d)(8) of this Section, for | ||||||
13 | those geographic areas in which local exchange | ||||||
14 | telecommunications services were classified as competitive | ||||||
15 | on the effective date of this amendatory Act of the 96th | ||||||
16 | General Assembly, an Electing Provider in each such MSA or | ||||||
17 | Exchange area shall be subject to the same terms and | ||||||
18 | conditions as provided in commitments made by the Electing | ||||||
19 | Provider in connection with such previous competitive | ||||||
20 | classifications, which shall apply with equal force under | ||||||
21 | this Section, except as follows: (i) the limits on price | ||||||
22 | increases on the optional packages required by this Section | ||||||
23 | shall be extended consistent with subsection (d)(1) of this | ||||||
24 | Section and (ii) the price for the extra package required | ||||||
25 | by subsection (d)(1)(B) shall be reduced by one dollar from | ||||||
26 | the price in effect on January 1, 2010. In addition, if an |
| |||||||
| |||||||
1 | Electing Provider obtains a competitive classification | ||||||
2 | pursuant to subsection (c)(1) and (c)(2), the price for the | ||||||
3 | optional packages shall be determined in such area in | ||||||
4 | compliance with subsection (d)(1), except the price for the | ||||||
5 | plus package required by subsection (d)(1) (C) shall be the | ||||||
6 | lower of the price for such area or the price of the plus | ||||||
7 | package in effect on January 1, 2010 for areas classified | ||||||
8 | as competitive pursuant to subsection (c)(1). | ||||||
9 | (3) To the extent that the requirements in Section | ||||||
10 | 13-518 applied to a telecommunications carrier prior to the | ||||||
11 | effective date of this Section and that telecommunications | ||||||
12 | carrier becomes an Electing Provider in accordance with the | ||||||
13 | provisions of this Section, the requirements in Section | ||||||
14 | 13-518 shall cease to apply to that Electing Provider in | ||||||
15 | those geographic areas included in the Electing Provider's | ||||||
16 | notice of election pursuant to subsection (b) of this | ||||||
17 | Section. | ||||||
18 | (4) Subject to subdivision (d)(8) of this Section, an | ||||||
19 | Electing Provider shall make the optional packages | ||||||
20 | required by this subsection and stand-alone residential | ||||||
21 | network access lines and local usage, where offered, | ||||||
22 | readily available to the public by providing information, | ||||||
23 | in a clear manner, to residential customers. Information | ||||||
24 | shall be made available on a website, and an Electing | ||||||
25 | Provider shall provide notification to its customers every | ||||||
26 | 6 months, provided that notification may consist of a bill |
| |||||||
| |||||||
1 | page message that provides an objective description of the | ||||||
2 | safe harbor options that includes a telephone number and | ||||||
3 | website address where the customer may obtain additional | ||||||
4 | information about the packages from the Electing Provider. | ||||||
5 | The optional packages shall be offered on a monthly basis | ||||||
6 | with no term of service requirement. An Electing Provider | ||||||
7 | shall allow online electronic ordering of the optional | ||||||
8 | packages and stand-alone residential network access lines | ||||||
9 | and local usage, where offered, on its website in a manner | ||||||
10 | similar to the online electronic ordering of its other | ||||||
11 | residential services. | ||||||
12 | (5) Subject to subdivision (d)(8) of this Section, an | ||||||
13 | Electing Provider shall comply with the Commission's | ||||||
14 | existing rules, regulations, and notices in Title 83, Part | ||||||
15 | 735 of the Illinois Administrative Code when offering or | ||||||
16 | providing the optional packages required by this | ||||||
17 | subsection (d) and stand-alone residential network access | ||||||
18 | lines. | ||||||
19 | (6) Subject to subdivision (d)(8) of this Section, an | ||||||
20 | Electing Provider shall provide to the Commission | ||||||
21 | semi-annual subscribership reports as of June 30 and | ||||||
22 | December 31 that contain the number of its customers | ||||||
23 | subscribing to each of the consumer choice safe harbor | ||||||
24 | packages required by subsection (d)(1) of this Section and | ||||||
25 | the number of its customers subscribing to retail | ||||||
26 | residential basic local exchange service as defined in |
| |||||||
| |||||||
1 | subsection (a)(2) of this Section. The first semi-annual | ||||||
2 | reports shall be made on April 1, 2011 for December 31, | ||||||
3 | 2010, and on September 1, 2011 for June 30, 2011, and | ||||||
4 | semi-annually on April 1 and September 1 thereafter. Such | ||||||
5 | subscribership information shall be accorded confidential | ||||||
6 | and proprietary treatment upon request by the Electing | ||||||
7 | Provider. | ||||||
8 | (7) The Commission shall have the power, after notice | ||||||
9 | and hearing as provided in this Article, upon complaint or | ||||||
10 | upon its own motion, to take corrective action if the | ||||||
11 | requirements of this Section are not complied with by an | ||||||
12 | Electing Provider. | ||||||
13 | (8) On and after the effective date of this amendatory | ||||||
14 | Act of the 99th General Assembly, an Electing Provider | ||||||
15 | shall continue to offer and provide the optional packages | ||||||
16 | described in this subsection (d) to existing customers and | ||||||
17 | new customers. On and after July 1, 2017, an Electing | ||||||
18 | Provider may immediately stop offering the optional | ||||||
19 | packages described in this subsection (d) and, upon | ||||||
20 | providing two notices to affected customers and to the | ||||||
21 | Commission, may stop providing the optional packages | ||||||
22 | described in this subsection (d) to all customers who | ||||||
23 | subscribe to one of the optional packages. The first notice | ||||||
24 | shall be provided at least 90 days before the date upon | ||||||
25 | which the Electing Provider intends to stop providing the | ||||||
26 | optional packages, and the second notice must be provided |
| |||||||
| |||||||
1 | at least 30 days before that date. The first notice shall | ||||||
2 | not be provided prior to July 1, 2017. Each notice must | ||||||
3 | identify the date on which the Electing Provider intends to | ||||||
4 | stop providing the optional packages, at least one | ||||||
5 | alternative service available to the customer, and a | ||||||
6 | telephone number by which the customer may contact a | ||||||
7 | service representative of the Electing Provider. After | ||||||
8 | July 1, 2017 with respect to new customers, and upon the | ||||||
9 | expiration of the second notice period with respect to | ||||||
10 | customers who were subscribing to one of the optional | ||||||
11 | packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5), | ||||||
12 | (d)(6), and (d)(7) of this Section shall not apply to the | ||||||
13 | Electing Provider. Notwithstanding any other provision of | ||||||
14 | this Article, an Electing Provider that has ceased | ||||||
15 | providing the optional packages under this subdivision | ||||||
16 | (d)(8) is not subject to Section 13-301(1)(c) of this Act. | ||||||
17 | Notwithstanding any other provision of this Act, and | ||||||
18 | subject to subdivision (d)(7) of this Section, the | ||||||
19 | Commission's authority over the discontinuance of the | ||||||
20 | optional packages described in this subsection (d) by an | ||||||
21 | Electing Provider shall be governed solely by this | ||||||
22 | subsection (d)(8). | ||||||
23 | (e) Service quality and customer credits for basic local | ||||||
24 | exchange service. | ||||||
25 | (1) An Electing Provider shall meet the following | ||||||
26 | service quality standards in providing basic local |
| |||||||
| |||||||
1 | exchange service, which for purposes of this subsection | ||||||
2 | (e), includes both basic local exchange service and any | ||||||
3 | consumer choice safe harbor options that may be required by | ||||||
4 | subsection (d) of this Section. | ||||||
5 | (A) Install basic local exchange service within 5 | ||||||
6 | business days after receipt of an order from the | ||||||
7 | customer unless the customer requests an installation | ||||||
8 | date that is beyond 5 business days after placing the | ||||||
9 | order for basic service and to inform the customer of | ||||||
10 | the Electing Provider's duty to install service within | ||||||
11 | this timeframe. If installation of service is | ||||||
12 | requested on or by a date more than 5 business days in | ||||||
13 | the future, the Electing Provider shall install | ||||||
14 | service by the date requested. | ||||||
15 | (B) Restore basic local exchange service for the | ||||||
16 | customer within 30 hours after receiving notice that | ||||||
17 | the customer is out of service. | ||||||
18 | (C) Keep all repair and installation appointments | ||||||
19 | for basic local exchange service if a customer premises | ||||||
20 | visit requires a customer to be present. The | ||||||
21 | appointment window shall be either a specific time or, | ||||||
22 | at a maximum, a 4-hour time block during evening, | ||||||
23 | weekend, and normal business hours. | ||||||
24 | (D) Inform a customer when a repair or installation | ||||||
25 | appointment requires the customer to be present. | ||||||
26 | (2) Customers shall be credited by the Electing |
| |||||||
| |||||||
1 | Provider for violations of basic local exchange service | ||||||
2 | quality standards described in subdivision (e)(1) of this | ||||||
3 | Section. The credits shall be applied automatically on the | ||||||
4 | statement issued to the customer for the next monthly | ||||||
5 | billing cycle following the violation or following the | ||||||
6 | discovery of the violation. The next monthly billing cycle | ||||||
7 | following the violation or the discovery of the violation | ||||||
8 | means the billing cycle immediately following the billing | ||||||
9 | cycle in process at the time of the violation or discovery | ||||||
10 | of the violation, provided the total time between the | ||||||
11 | violation or discovery of the violation and the issuance of | ||||||
12 | the credit shall not exceed 60 calendar days. The Electing | ||||||
13 | Provider is responsible for providing the credits and the | ||||||
14 | customer is under no obligation to request such credits. | ||||||
15 | The following credits shall apply: | ||||||
16 | (A) If an Electing Provider fails to repair an | ||||||
17 | out-of-service condition for basic local exchange | ||||||
18 | service within 30 hours, the Electing Provider shall | ||||||
19 | provide a credit to the customer. If the service | ||||||
20 | disruption is for more than 30 hours, but not more than | ||||||
21 | 48 hours, the credit must be equal to a pro-rata | ||||||
22 | portion of the monthly recurring charges for all basic | ||||||
23 | local exchange services disrupted. If the service | ||||||
24 | disruption is for more than 48 hours, but not more than | ||||||
25 | 72 hours, the credit must be equal to at least 33% of | ||||||
26 | one month's recurring charges for all local services |
| |||||||
| |||||||
1 | disrupted. If the service disruption is for more than | ||||||
2 | 72 hours, but not more than 96 hours, the credit must | ||||||
3 | be equal to at least 67% of one month's recurring | ||||||
4 | charges for all basic local exchange services | ||||||
5 | disrupted. If the service disruption is for more than | ||||||
6 | 96 hours, but not more than 120 hours, the credit must | ||||||
7 | be equal to one month's recurring charges for all basic | ||||||
8 | local exchange services disrupted. For each day or | ||||||
9 | portion thereof that the service disruption continues | ||||||
10 | beyond the initial 120-hour period, the Electing | ||||||
11 | Provider shall also provide an additional credit of $20 | ||||||
12 | per calendar day. | ||||||
13 | (B) If an Electing Provider fails to install basic | ||||||
14 | local exchange service as required under subdivision | ||||||
15 | (e)(1) of this Section, the Electing Provider shall | ||||||
16 | waive 50% of any installation charges, or in the | ||||||
17 | absence of an installation charge or where | ||||||
18 | installation is pursuant to the Link Up program, the | ||||||
19 | Electing Provider shall provide a credit of $25. If an | ||||||
20 | Electing Provider fails to install service within 10 | ||||||
21 | business days after the service application is placed, | ||||||
22 | or fails to install service within 5 business days | ||||||
23 | after the customer's requested installation date, if | ||||||
24 | the requested date was more than 5 business days after | ||||||
25 | the date of the order, the Electing Provider shall | ||||||
26 | waive 100% of the installation charge, or in the |
| |||||||
| |||||||
1 | absence of an installation charge or where | ||||||
2 | installation is provided pursuant to the Link Up | ||||||
3 | program, the Electing Provider shall provide a credit | ||||||
4 | of $50. For each day that the failure to install | ||||||
5 | service continues beyond the initial 10 business days, | ||||||
6 | or beyond 5 business days after the customer's | ||||||
7 | requested installation date, if the requested date was | ||||||
8 | more than 5 business days after the date of the order, | ||||||
9 | the Electing Provider shall also provide an additional | ||||||
10 | credit of $20 per calendar day until the basic local | ||||||
11 | exchange service is installed. | ||||||
12 | (C) If an Electing Provider fails to keep a | ||||||
13 | scheduled repair or installation appointment when a | ||||||
14 | customer premises visit requires a customer to be | ||||||
15 | present as required under subdivision (e)(1) of this | ||||||
16 | Section, the Electing Provider shall credit the | ||||||
17 | customer $25 per missed appointment. A credit required | ||||||
18 | by this subdivision does not apply when the Electing | ||||||
19 | Provider provides the customer notice of its inability | ||||||
20 | to keep the appointment no later than 8:00 pm of the | ||||||
21 | day prior to the scheduled date of the appointment. | ||||||
22 | (D) Credits required by this subsection do not | ||||||
23 | apply if the violation of a service quality standard: | ||||||
24 | (i) occurs as a result of a negligent or | ||||||
25 | willful act on the part of the customer; | ||||||
26 | (ii) occurs as a result of a malfunction of |
| |||||||
| |||||||
1 | customer-owned telephone equipment or inside | ||||||
2 | wiring; | ||||||
3 | (iii) occurs as a result of, or is extended by, | ||||||
4 | an emergency situation as defined in 83 Ill. Adm. | ||||||
5 | Code 732.10; | ||||||
6 | (iv) is extended by the Electing Provider's | ||||||
7 | inability to gain access to the customer's | ||||||
8 | premises due to the customer missing an | ||||||
9 | appointment, provided that the violation is not | ||||||
10 | further extended by the Electing Provider; | ||||||
11 | (v) occurs as a result of a customer request to | ||||||
12 | change the scheduled appointment, provided that | ||||||
13 | the violation is not further extended by the | ||||||
14 | Electing Provider; | ||||||
15 | (vi) occurs as a result of an Electing | ||||||
16 | Provider's right to refuse service to a customer as | ||||||
17 | provided in Commission rules; or | ||||||
18 | (vii) occurs as a result of a lack of | ||||||
19 | facilities where a customer requests service at a | ||||||
20 | geographically remote location, where a customer | ||||||
21 | requests service in a geographic area where the | ||||||
22 | Electing Provider is not currently offering | ||||||
23 | service, or where there are insufficient | ||||||
24 | facilities to meet the customer's request for | ||||||
25 | service, subject to an Electing Provider's | ||||||
26 | obligation for reasonable facilities planning. |
| |||||||
| |||||||
1 | (3) Each Electing Provider shall provide to the | ||||||
2 | Commission on a quarterly basis and in a form suitable for | ||||||
3 | posting on the Commission's website in conformance with the | ||||||
4 | rules adopted by the Commission and in effect on April 1, | ||||||
5 | 2010, a public report that includes the following data for | ||||||
6 | basic local exchange service quality of service: | ||||||
7 | (A) With regard to credits due in accordance with | ||||||
8 | subdivision (e)(2)(A) as a result of out-of-service | ||||||
9 | conditions lasting more than 30 hours: | ||||||
10 | (i) the total dollar amount of any customer | ||||||
11 | credits paid; | ||||||
12 | (ii) the number of credits issued for repairs | ||||||
13 | between 30 and 48 hours; | ||||||
14 | (iii) the number of credits issued for repairs | ||||||
15 | between 49 and 72 hours; | ||||||
16 | (iv) the number of credits issued for repairs | ||||||
17 | between 73 and 96 hours; | ||||||
18 | (v) the number of credits used for repairs | ||||||
19 | between 97 and 120 hours; | ||||||
20 | (vi) the number of credits issued for repairs | ||||||
21 | greater than 120 hours; and | ||||||
22 | (vii) the number of exemptions claimed for | ||||||
23 | each of the categories identified in subdivision | ||||||
24 | (e)(2)(D). | ||||||
25 | (B) With regard to credits due in accordance with | ||||||
26 | subdivision (e)(2)(B) as a result of failure to install |
| |||||||
| |||||||
1 | basic local exchange service: | ||||||
2 | (i) the total dollar amount of any customer | ||||||
3 | credits paid; | ||||||
4 | (ii) the number of installations after 5 | ||||||
5 | business days; | ||||||
6 | (iii) the number of installations after 10 | ||||||
7 | business days; | ||||||
8 | (iv) the number of installations after 11 | ||||||
9 | business days; and | ||||||
10 | (v) the number of exemptions claimed for each | ||||||
11 | of the categories identified in subdivision | ||||||
12 | (e)(2)(D). | ||||||
13 | (C) With regard to credits due in accordance with | ||||||
14 | subdivision (e)(2)(C) as a result of missed | ||||||
15 | appointments: | ||||||
16 | (i) the total dollar amount of any customer | ||||||
17 | credits paid; | ||||||
18 | (ii) the number of any customers receiving | ||||||
19 | credits; and | ||||||
20 | (iii) the number of exemptions claimed for | ||||||
21 | each of the categories identified in subdivision | ||||||
22 | (e)(2)(D). | ||||||
23 | (D) The Electing Provider's annual report required | ||||||
24 | by this subsection shall also include, for | ||||||
25 | informational reporting, the performance data | ||||||
26 | described in subdivisions (e)(2)(A), (e)(2)(B), and |
| |||||||
| |||||||
1 | (e)(2)(C), and trouble reports per 100 access lines | ||||||
2 | calculated using the Commission's existing applicable | ||||||
3 | rules and regulations for such measures, including the | ||||||
4 | requirements for service standards established in this | ||||||
5 | Section. | ||||||
6 | (4) It is the intent of the General Assembly that the | ||||||
7 | service quality rules and customer credits in this | ||||||
8 | subsection (e) of this Section and other enforcement | ||||||
9 | mechanisms, including fines and penalties authorized by | ||||||
10 | Section 13-305, shall apply on a nondiscriminatory basis to | ||||||
11 | all Electing Providers. Accordingly, notwithstanding any | ||||||
12 | provision of any service quality rules promulgated by the | ||||||
13 | Commission, any alternative regulation plan adopted by the | ||||||
14 | Commission, or any other order of the Commission, any | ||||||
15 | Electing Provider that is subject to any other order of the | ||||||
16 | Commission and that violates or fails to comply with the | ||||||
17 | service quality standards promulgated pursuant to this | ||||||
18 | subsection (e) or any other order of the Commission shall | ||||||
19 | not be subject to any fines, penalties, customer credits, | ||||||
20 | or enforcement mechanisms other than such fines or | ||||||
21 | penalties or customer credits as may be imposed by the | ||||||
22 | Commission in accordance with the provisions of this | ||||||
23 | subsection (e) and Section 13-305, which are to be | ||||||
24 | generally applicable to all Electing Providers. The amount | ||||||
25 | of any fines or penalties imposed by the Commission for | ||||||
26 | failure to comply with the requirements of this subsection |
| |||||||
| |||||||
1 | (e) shall be an appropriate amount, taking into account, at | ||||||
2 | a minimum, the Electing Provider's gross annual intrastate | ||||||
3 | revenue; the frequency, duration, and recurrence of the | ||||||
4 | violation; and the relative harm caused to the affected | ||||||
5 | customers or other users of the network. In imposing fines | ||||||
6 | and penalties, the Commission shall take into account | ||||||
7 | compensation or credits paid by the Electing Provider to | ||||||
8 | its customers pursuant to this subsection (e) in | ||||||
9 | compensation for any violation found pursuant to this | ||||||
10 | subsection (e), and in any event the fine or penalty shall | ||||||
11 | not exceed an amount equal to the maximum amount of a civil | ||||||
12 | penalty that may be imposed under Section 13-305. | ||||||
13 | (5) An Electing Provider in each of the MSA or Exchange | ||||||
14 | areas classified as competitive pursuant to subsection (c) | ||||||
15 | of this Section shall fulfill the requirements in | ||||||
16 | subdivision (e)(3) of this Section for 3 years after its | ||||||
17 | notice of election becomes effective. After such 3 years, | ||||||
18 | the requirements in subdivision (e)(3) of this Section | ||||||
19 | shall not apply to such Electing Provider, except that, | ||||||
20 | upon request from the Commission, the Electing Provider | ||||||
21 | shall provide a report showing the number of credits and | ||||||
22 | exemptions for the requested time period. | ||||||
23 | (f) Commission jurisdiction over competitive retail | ||||||
24 | telecommunications services. Except as otherwise expressly | ||||||
25 | stated in this Section, the Commission shall thereafter have no | ||||||
26 | jurisdiction or authority over any aspect of competitive retail |
| |||||||
| |||||||
1 | telecommunications service of an Electing Provider in those | ||||||
2 | geographic areas included in the Electing Provider's notice of | ||||||
3 | election pursuant to subsection (b) of this Section or of a | ||||||
4 | retail telecommunications service classified as competitive | ||||||
5 | pursuant to Section 13-502 or subdivision (c)(5) of this | ||||||
6 | Section, heretofore subject to the jurisdiction of the | ||||||
7 | Commission, including but not limited to, any requirements of | ||||||
8 | this Article related to the terms, conditions, rates, quality | ||||||
9 | of service, availability, classification or any other aspect of | ||||||
10 | any competitive retail telecommunications services. No | ||||||
11 | telecommunications carrier shall commit any unfair or | ||||||
12 | deceptive act or practice in connection with any aspect of the | ||||||
13 | offering or provision of any competitive retail | ||||||
14 | telecommunications service. Nothing in this Article shall | ||||||
15 | limit or affect any provisions in the Consumer Fraud and | ||||||
16 | Deceptive Business Practices Act with respect to any unfair or | ||||||
17 | deceptive act or practice by a telecommunications carrier. | ||||||
18 | (g) Commission authority over access services upon | ||||||
19 | election for market regulation. | ||||||
20 | (1) As part of its Notice of Election for Market | ||||||
21 | Regulation, the Electing Provider shall reduce its | ||||||
22 | intrastate switched access rates to rates no higher than | ||||||
23 | its interstate switched access rates in 4 installments. The | ||||||
24 | first reduction must be made 30 days after submission of | ||||||
25 | its complete application for Notice of Election for Market | ||||||
26 | Regulation, and the Electing Provider must reduce its |
| |||||||
| |||||||
1 | intrastate switched access rates by an amount equal to 33% | ||||||
2 | of the difference between its current intrastate switched | ||||||
3 | access rates and its current interstate switched access | ||||||
4 | rates. The second reduction must be made no later than one | ||||||
5 | year after the first reduction, and the Electing Provider | ||||||
6 | must reduce its then current intrastate switched access | ||||||
7 | rates by an amount equal to 41% of the difference between | ||||||
8 | its then current intrastate switched access rates and its | ||||||
9 | then current interstate switched access rates. The third | ||||||
10 | reduction must be made no later than one year after the | ||||||
11 | second reduction, and the Electing Provider must reduce its | ||||||
12 | then current intrastate switched access rates by an amount | ||||||
13 | equal to 50% of the difference between its then current | ||||||
14 | intrastate switched access rate and its then current | ||||||
15 | interstate switched access rates. The fourth reduction | ||||||
16 | must be made on or before June 30, 2013, and the Electing | ||||||
17 | Provider must reduce its intrastate switched access rate to | ||||||
18 | mirror its then current interstate switched access rates | ||||||
19 | and rate structure. Following the fourth reduction, each | ||||||
20 | Electing Provider must continue to set its intrastate | ||||||
21 | switched access rates to mirror its interstate switched | ||||||
22 | access rates and rate structure. For purposes of this | ||||||
23 | subsection, the rate for intrastate switched access | ||||||
24 | service means the composite, per-minute rate for that | ||||||
25 | service, including all applicable fixed and | ||||||
26 | traffic-sensitive charges, including, but not limited to, |
| |||||||
| |||||||
1 | carrier common line charges. | ||||||
2 | (2) Nothing in paragraph (1) of this subsection (g) | ||||||
3 | prohibits an Electing Provider from electing to offer | ||||||
4 | intrastate switched access service at rates lower than its | ||||||
5 | interstate switched access rates. | ||||||
6 | (3) The Commission shall have no authority to order an | ||||||
7 | Electing Provider to set its rates for intrastate switched | ||||||
8 | access at a level lower than its interstate switched access | ||||||
9 | rates. | ||||||
10 | (4) The Commission's authority under this subsection | ||||||
11 | (g) shall only apply to Electing Providers under Market | ||||||
12 | Regulation. The Commission's authority over switched | ||||||
13 | access services for all other carriers is retained under | ||||||
14 | Section 13-900.2 of this Act. | ||||||
15 | (h) Safety of service equipment and facilities. | ||||||
16 | (1) An Electing Provider shall furnish, provide, and | ||||||
17 | maintain such service instrumentalities, equipment, and | ||||||
18 | facilities as shall promote the safety, health, comfort, | ||||||
19 | and convenience of its patrons, employees, and public and | ||||||
20 | as shall be in all respects adequate, reliable, and | ||||||
21 | efficient without discrimination or delay. Every Electing | ||||||
22 | Provider shall provide service and facilities that are in | ||||||
23 | all respects environmentally safe. | ||||||
24 | (2) The Commission is authorized to conduct an | ||||||
25 | investigation of any Electing Provider or part thereof. The | ||||||
26 | investigation may examine the reasonableness, prudence, or |
| |||||||
| |||||||
1 | efficiency of any aspect of the Electing Provider's | ||||||
2 | operations or functions that may affect the adequacy, | ||||||
3 | safety, efficiency, or reliability of telecommunications | ||||||
4 | service. The Commission may conduct or order an | ||||||
5 | investigation only when it has reasonable grounds to | ||||||
6 | believe that the investigation is necessary to assure that | ||||||
7 | the Electing Provider is providing adequate, efficient, | ||||||
8 | reliable, and safe service. The Commission shall, before | ||||||
9 | initiating any such investigation, issue an order | ||||||
10 | describing the grounds for the investigation and the | ||||||
11 | appropriate scope and nature of the investigation, which | ||||||
12 | shall be reasonably related to the grounds relied upon by | ||||||
13 | the Commission in its order. | ||||||
14 | (i) (Blank). | ||||||
15 | (j) Application of Article VII. The provisions of Sections | ||||||
16 | 7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are | ||||||
17 | applicable to an Electing Provider offering or providing retail | ||||||
18 | telecommunications service, and the Commission's regulation | ||||||
19 | thereof, except that (1) the approval of contracts and | ||||||
20 | arrangements with affiliated interests required by paragraph | ||||||
21 | (3) of Section 7-101 shall not apply to such telecommunications | ||||||
22 | carriers provided that, except as provided in item (2), those | ||||||
23 | contracts and arrangements shall be filed with the Commission; | ||||||
24 | (2) affiliated interest contracts or arrangements entered into | ||||||
25 | by such telecommunications carriers where the increased | ||||||
26 | obligation thereunder does not exceed the lesser of $5,000,000 |
| |||||||
| |||||||
1 | or 5% of such carrier's prior annual revenue from | ||||||
2 | noncompetitive services are not required to be filed with the | ||||||
3 | Commission; and (3) any consent and approval of the Commission | ||||||
4 | required by Section 7-102 is not required for the sale, lease, | ||||||
5 | assignment, or transfer by any Electing Provider of any | ||||||
6 | property that is not necessary or useful in the performance of | ||||||
7 | its duties to the public. | ||||||
8 | (k) Notwithstanding other provisions of this Section, the | ||||||
9 | Commission retains its existing authority to enforce the | ||||||
10 | provisions, conditions, and requirements of the following | ||||||
11 | Sections of this Article: 13-101, 13-103, 13-201, 13-301, | ||||||
12 | 13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, | ||||||
13 | 13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, | ||||||
14 | 13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503, | ||||||
15 | 13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, | ||||||
16 | 13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, | ||||||
17 | 13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, | ||||||
18 | 13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully | ||||||
19 | and equally applicable to Electing Providers and to | ||||||
20 | telecommunications carriers providing retail | ||||||
21 | telecommunications service classified as competitive pursuant | ||||||
22 | to Section 13-502 or subdivision (c)(5) of this Section subject | ||||||
23 | to the provisions of this Section. On the effective date of | ||||||
24 | this amendatory Act of the 98th General Assembly, the following | ||||||
25 | Sections of this Article shall cease to apply to Electing | ||||||
26 | Providers and to telecommunications carriers providing retail |
| |||||||
| |||||||
1 | telecommunications service classified as competitive pursuant | ||||||
2 | to Section 13-502 or subdivision (c)(5) of this Section: | ||||||
3 | 13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2, | ||||||
4 | 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507, | ||||||
5 | 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701, | ||||||
6 | and 13-712.
| ||||||
7 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
| ||||||
8 | (220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)
| ||||||
9 | Sec. 13-507.
In any proceeding permitting, approving, | ||||||
10 | investigating, or
establishing rates, charges, | ||||||
11 | classifications, or tariffs for
telecommunications services | ||||||
12 | offered or provided by a telecommunications
carrier that offers | ||||||
13 | or provides both noncompetitive and competitive
services, the | ||||||
14 | Commission shall not allow any subsidy of competitive
services | ||||||
15 | or nonregulated activities by noncompetitive services. In the
| ||||||
16 | event that facilities are utilized or expenses are incurred for | ||||||
17 | the
provision of both competitive and noncompetitive services, | ||||||
18 | the Commission
shall apportion the facilities and expenses | ||||||
19 | between noncompetitive services
in the aggregate and | ||||||
20 | competitive services in the aggregate and shall allow or
| ||||||
21 | establish rates or charges for the noncompetitive services | ||||||
22 | which reflect
only that portion of the facilities or expenses | ||||||
23 | that it finds to be
properly and reasonably apportioned to | ||||||
24 | noncompetitive services. An
apportionment of facilities or | ||||||
25 | expenses between competitive and
noncompetitive services, |
| |||||||
| |||||||
1 | together with any corresponding rate changes,
shall be made in | ||||||
2 | general rate proceedings and in other proceedings,
including | ||||||
3 | service classification proceedings, that are necessary to | ||||||
4 | ensure
against any subsidy of competitive services by | ||||||
5 | noncompetitive services. The
Commission shall have the power to | ||||||
6 | take or require such action as is
necessary to ensure that | ||||||
7 | rates or charges for noncompetitive services
reflect only the | ||||||
8 | value of facilities, or portion thereof, used and useful,
and | ||||||
9 | the expenses or portion thereof reasonably and prudently | ||||||
10 | incurred, for
the provision of the noncompetitive services. The | ||||||
11 | Commission may, in such
event, also establish, by rule, any | ||||||
12 | additional procedures, rules,
regulations, or mechanisms | ||||||
13 | necessary to identify and properly account for
the value or | ||||||
14 | amount of such facilities or expenses.
| ||||||
15 | The Commission may establish, by rule, appropriate methods | ||||||
16 | for ensuring
against cross-subsidization between competitive | ||||||
17 | services and noncompetitive
services as required under this | ||||||
18 | Article, including appropriate methods for
calculating the | ||||||
19 | long-run service incremental costs of providing any
| ||||||
20 | telecommunications service and, when appropriate, group of | ||||||
21 | services and
methods for apportioning between noncompetitive | ||||||
22 | services in the aggregate
and competitive services in the | ||||||
23 | aggregate the value of facilities utilized
and expenses | ||||||
24 | incurred to provide both competitive and noncompetitive
| ||||||
25 | services, for example, common overheads that are not accounted | ||||||
26 | for in the
long-run service incremental costs of individual |
| |||||||
| |||||||
1 | services or groups of
services. The Commission may order any | ||||||
2 | telecommunications carrier to
conduct a long-run service | ||||||
3 | incremental cost study and to provide the
results thereof to | ||||||
4 | the Commission. Any cost study provided to the
Commission | ||||||
5 | pursuant to the provisions of this Section may, in the
| ||||||
6 | Commission's discretion, be accorded proprietary treatment. In | ||||||
7 | addition to
the requirements of subsection (c) of Section | ||||||
8 | 13-502 and of Section
13-505.1 applicable to the rates and | ||||||
9 | charges for individual competitive
services, the aggregate | ||||||
10 | gross revenues of all competitive services shall be
equal to or | ||||||
11 | greater than the sum of the long-run service incremental costs
| ||||||
12 | for all competitive services as a group and the value of
other | ||||||
13 | facilities and expenses apportioned to competitive services as | ||||||
14 | a
group under this Section.
| ||||||
15 | (Source: P.A. 87-856 .)
| ||||||
16 | (220 ILCS 5/13-507.1) | ||||||
17 | Sec. 13-507.1. In any proceeding permitting, approving, | ||||||
18 | investigating, or establishing rates, charges, | ||||||
19 | classifications, or tariffs for telecommunications services | ||||||
20 | classified as noncompetitive offered or provided by an | ||||||
21 | incumbent local exchange carrier as that term is defined in | ||||||
22 | Section 13-202.1 of this
Act, the Commission shall not allow | ||||||
23 | any subsidy of Internet services, cable services, or video | ||||||
24 | services by the rates or charges for local exchange | ||||||
25 | telecommunications services, including local services |
| |||||||
| |||||||
1 | classified as noncompetitive.
| ||||||
2 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .)
| ||||||
3 | (220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
| ||||||
4 | Sec. 13-508.
The Commission is authorized, after notice and | ||||||
5 | hearing, to
order a telecommunications carrier which offers or | ||||||
6 | provides both
competitive and noncompetitive | ||||||
7 | telecommunications service to establish a
fully separated | ||||||
8 | subsidiary to provide all or part of such competitive
service | ||||||
9 | where:
| ||||||
10 | (a) no less costly means is available and effective in | ||||||
11 | fully and
properly identifying and allocating costs between | ||||||
12 | such carrier's competitive
and noncompetitive | ||||||
13 | telecommunications services; and
| ||||||
14 | (b) the incremental cost of establishing and maintaining | ||||||
15 | such subsidiary
would not require increases in rates or charges | ||||||
16 | to levels which would
effectively preclude the offer or | ||||||
17 | provision of the affected competitive
telecommunications | ||||||
18 | service.
| ||||||
19 | (Source: P.A. 84-1063 .)
| ||||||
20 | (220 ILCS 5/13-508.1) (from Ch. 111 2/3, par. 13-508.1)
| ||||||
21 | Sec. 13-508.1.
Separate subsidiary requirement for certain | ||||||
22 | electronic
publishing. A telecommunications carrier
that | ||||||
23 | offers or provides both competitive and noncompetitive | ||||||
24 | services shall
not provide (1) electronically published news, |
| |||||||
| |||||||
1 | feature, or entertainment
material of the type generally | ||||||
2 | published in newspapers, or (2) electronic
advertising | ||||||
3 | services, except through a fully separated subsidiary;
| ||||||
4 | provided, however, that a telecommunications carrier shall be | ||||||
5 | allowed to
resell, without editing the content, news, feature, | ||||||
6 | or entertainment
material of the type generally published in | ||||||
7 | newspapers that it purchases
from an unaffiliated entity or | ||||||
8 | from a separate subsidiary to the extent the
separate | ||||||
9 | subsidiary makes that material available to all other persons
| ||||||
10 | under the same rates, terms, and conditions. Nothing in this | ||||||
11 | Section shall
prohibit a telecommunications carrier from | ||||||
12 | electronic advertising of its
own regulated services or from | ||||||
13 | providing tariffed telecommunications
services to a separate | ||||||
14 | subsidiary or an unaffiliated entity that provides
| ||||||
15 | electronically published news, feature, or entertainment | ||||||
16 | material or
electronic advertising services.
| ||||||
17 | (Source: P.A. 87-856 .)
| ||||||
18 | (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
| ||||||
19 | Sec. 13-509. Agreements for provisions of competitive | ||||||
20 | telecommunications
services differing from tariffs or written | ||||||
21 | service offerings. A telecommunications carrier may negotiate
| ||||||
22 | with customers or
prospective customers to provide competitive | ||||||
23 | telecommunications service, and in
so
doing, may offer or agree | ||||||
24 | to provide such service on such terms and for
such rates or | ||||||
25 | charges as are reasonable, without regard to any
tariffs
it may |
| |||||||
| |||||||
1 | have filed with the Commission or written service offerings | ||||||
2 | posted on the telecommunications carrier's website pursuant to | ||||||
3 | Section 13-501(c) of this Act with respect to
such services. | ||||||
4 | Upon request of the Commission,
the telecommunications carrier | ||||||
5 | shall submit to the Commission written
notice of a list of any | ||||||
6 | such agreements (which list may be filed
electronically) within | ||||||
7 | the past year. The notice shall identify the general nature
of | ||||||
8 | all such agreements. A copy of each such
agreement shall be | ||||||
9 | provided to the Commission
within 10 business days after a | ||||||
10 | request for review of the agreement is made by
the Commission | ||||||
11 | or is made to the Commission
by another telecommunications | ||||||
12 | carrier or by a party to such agreement.
| ||||||
13 | Any agreement or notice entered into or submitted pursuant | ||||||
14 | to the
provisions of this Section may, in the Commission's | ||||||
15 | discretion, be accorded
proprietary treatment.
| ||||||
16 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
17 | (220 ILCS 5/13-510) (from Ch. 111 2/3, par. 13-510)
| ||||||
18 | Sec. 13-510. Compensation of payphone providers. Any | ||||||
19 | telecommunications
carrier using the facilities or services of | ||||||
20 | a payphone
provider shall pay the provider just and reasonable | ||||||
21 | compensation for the use
of those facilities or services to | ||||||
22 | complete billable operator services
calls and for any other use | ||||||
23 | that the Commission determines appropriate
consistent with the | ||||||
24 | provisions of this Act. The compensation shall be
determined by | ||||||
25 | the Commission subject to the provisions of this Act. This
|
| |||||||
| |||||||
1 | Section shall not apply to the extent a telecommunications | ||||||
2 | carrier and a
payphone provider have reached their own written | ||||||
3 | compensation agreement.
| ||||||
4 | (Source: P.A. 87-856 .)
| ||||||
5 | (220 ILCS 5/13-512)
| ||||||
6 | Sec. 13-512. Rules; review. The Commission shall have | ||||||
7 | general rulemaking
authority to make rules necessary to enforce | ||||||
8 | this Article. However, not later
than 270 days after the | ||||||
9 | effective date of this amendatory Act of 1997, and
every 2 | ||||||
10 | years thereafter, the Commission shall review all rules issued | ||||||
11 | under
this Article that apply to the operations or activities | ||||||
12 | of any
telecommunications carrier. The Commission shall, after | ||||||
13 | notice and hearing,
repeal or modify any rule it determines to | ||||||
14 | be no longer in the public interest
as the result of the | ||||||
15 | reasonable availability of competitive telecommunications
| ||||||
16 | services.
| ||||||
17 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
18 | (220 ILCS 5/13-513)
| ||||||
19 | Sec. 13-513. Waiver of rules. A telecommunications carrier | ||||||
20 | may petition
for waiver of the application of a rule issued | ||||||
21 | pursuant to this Act. The
burden of proof in establishing the | ||||||
22 | right to a waiver shall be upon the
petitioner. The petition | ||||||
23 | shall include a demonstration that the waiver would
not harm | ||||||
24 | consumers and would not impede the development or operation of |
| |||||||
| |||||||
1 | a
competitive market. Upon such demonstration, the Commission | ||||||
2 | may waive the
application of a rule, but not the application of | ||||||
3 | a provision of this Act. The
Commission may conduct an | ||||||
4 | investigation of the petition on its own motion or at
the | ||||||
5 | request of a potentially affected person. If no investigation | ||||||
6 | is
conducted, the waiver shall be deemed granted 30 days after | ||||||
7 | the petition is
filed.
| ||||||
8 | (Source: P.A. 90-185, eff. 7-23-97 .)
| ||||||
9 | (220 ILCS 5/13-514)
| ||||||
10 | Sec. 13-514. Prohibited actions of telecommunications | ||||||
11 | carriers. A
telecommunications carrier shall not knowingly | ||||||
12 | impede the
development of competition in any | ||||||
13 | telecommunications service
market. The following prohibited | ||||||
14 | actions are considered per se impediments to
the
development of | ||||||
15 | competition; however, the Commission is not limited in any
| ||||||
16 | manner to these enumerated impediments and may consider other | ||||||
17 | actions which
impede competition to be prohibited:
| ||||||
18 | (1) unreasonably refusing or delaying interconnections | ||||||
19 | or collocation or
providing inferior
connections to | ||||||
20 | another telecommunications carrier;
| ||||||
21 | (2) unreasonably impairing the speed, quality, or | ||||||
22 | efficiency of services
used
by another telecommunications | ||||||
23 | carrier;
| ||||||
24 | (3) unreasonably denying a request of another provider | ||||||
25 | for
information regarding the technical design and |
| |||||||
| |||||||
1 | features,
geographic coverage, information necessary for | ||||||
2 | the design of equipment, and
traffic capabilities of the | ||||||
3 | local
exchange network except for proprietary information | ||||||
4 | unless such information is
subject to a proprietary | ||||||
5 | agreement or protective order;
| ||||||
6 | (4) unreasonably delaying access in connecting another | ||||||
7 | telecommunications
carrier to the local exchange network | ||||||
8 | whose product or service requires novel
or specialized
| ||||||
9 | access requirements;
| ||||||
10 | (5) unreasonably refusing or delaying access by any | ||||||
11 | person to another
telecommunications carrier;
| ||||||
12 | (6) unreasonably acting or failing to act in a manner | ||||||
13 | that has a substantial
adverse effect on the ability of | ||||||
14 | another telecommunications
carrier to provide service to | ||||||
15 | its customers;
| ||||||
16 | (7) unreasonably failing to offer services to | ||||||
17 | customers in a local exchange,
where a telecommunications | ||||||
18 | carrier is certificated to provide
service and has entered | ||||||
19 | into an interconnection agreement
for the provision of | ||||||
20 | local exchange telecommunications
services, with the | ||||||
21 | intent to delay or impede the ability of the
incumbent | ||||||
22 | local exchange telecommunications carrier to
provide | ||||||
23 | inter-LATA telecommunications services;
| ||||||
24 | (8) violating the terms of or unreasonably delaying | ||||||
25 | implementation of an
interconnection agreement entered | ||||||
26 | into pursuant to Section 252 of the federal
|
| |||||||
| |||||||
1 | Telecommunications Act of 1996;
| ||||||
2 | (9) unreasonably refusing or delaying access to or | ||||||
3 | provision of
operation support systems to another | ||||||
4 | telecommunications carrier or providing
inferior operation | ||||||
5 | support systems to another telecommunications carrier;
| ||||||
6 | (10) unreasonably failing to offer network elements | ||||||
7 | that the Commission or
the Federal Communications | ||||||
8 | Commission has determined must be offered on an
unbundled | ||||||
9 | basis to another telecommunications carrier in a manner | ||||||
10 | consistent
with the Commission's or Federal Communications | ||||||
11 | Commission's orders or rules
requiring such offerings;
| ||||||
12 | (11) violating the obligations of Section 13-801; and
| ||||||
13 | (12) violating an order of the Commission regarding | ||||||
14 | matters between
telecommunications
carriers.
| ||||||
15 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
16 | (220 ILCS 5/13-515)
| ||||||
17 | Sec. 13-515. Enforcement.
| ||||||
18 | (a) The following expedited procedures shall be used
to | ||||||
19 | enforce the provisions of Section 13-514 of this
Act, provided | ||||||
20 | that, for a violation of paragraph (8) of Section 13-514 to | ||||||
21 | qualify for the expedited procedures of this Section, the | ||||||
22 | violation must be in a manner that unreasonably delays, | ||||||
23 | increases the cost, or impedes the availability of | ||||||
24 | telecommunications services to consumers. However, the
| ||||||
25 | Commission, the complainant, and the respondent may mutually |
| |||||||
| |||||||
1 | agree to adjust
the
procedures established in this Section.
| ||||||
2 | (b) (Blank).
| ||||||
3 | (c) No complaint may be filed under this Section until the
| ||||||
4 | complainant has first notified the respondent of the alleged
| ||||||
5 | violation and offered the respondent
48 hours to correct the | ||||||
6 | situation. Provision of notice and the
opportunity to correct | ||||||
7 | the situation creates a rebuttable presumption of
knowledge | ||||||
8 | under Section 13-514.
After the filing of a complaint under | ||||||
9 | this Section, the parties may agree to
follow the mediation | ||||||
10 | process under Section 10-101.1 of this Act. The time
periods | ||||||
11 | specified in subdivision (d)(7) of this Section shall be tolled
| ||||||
12 | during the time
spent in mediation under Section 10-101.1.
| ||||||
13 | (d) A telecommunications carrier may file a complaint with | ||||||
14 | the
Commission alleging a violation of Section 13-514 in
| ||||||
15 | accordance with this subsection:
| ||||||
16 | (1) The complaint shall be filed with the Chief Clerk | ||||||
17 | of the
Commission and shall be served in hand upon the
| ||||||
18 | respondent, the executive director, and the general
| ||||||
19 | counsel of the Commission at the time of the filing.
| ||||||
20 | (2) A complaint filed under this subsection shall | ||||||
21 | include a
statement that the requirements of subsection (c)
| ||||||
22 | have been fulfilled and that the respondent did not
correct | ||||||
23 | the situation as requested.
| ||||||
24 | (3) Reasonable discovery specific to the issue of the | ||||||
25 | complaint may
commence upon filing of the complaint.
| ||||||
26 | Requests for discovery must be served in hand and
responses |
| |||||||
| |||||||
1 | to discovery must be provided in hand to
the requester | ||||||
2 | within 14 days after a request for
discovery is made.
| ||||||
3 | (4) An answer and any other responsive pleading to the
| ||||||
4 | complaint shall be filed with the Commission and
served in | ||||||
5 | hand at the same time upon the
complainant, the executive | ||||||
6 | director, and the general
counsel of the Commission within | ||||||
7 | 7 days after the
date on which the complaint is filed.
| ||||||
8 | (5) If the answer or responsive pleading raises the | ||||||
9 | issue that the
complaint violates subsection (i) of this | ||||||
10 | Section, the complainant may file a
reply to
such | ||||||
11 | allegation within 3 days after actual service of such | ||||||
12 | answer or responsive
pleading. Within 4 days after the time | ||||||
13 | for filing a reply has expired, the
hearing officer or | ||||||
14 | arbitrator shall either issue a written decision | ||||||
15 | dismissing
the complaint as frivolous in violation of | ||||||
16 | subsection (i) of this Section
including the
reasons for | ||||||
17 | such disposition or shall issue an order directing that the
| ||||||
18 | complaint shall proceed.
| ||||||
19 | (6) A pre-hearing conference shall be held within 14 | ||||||
20 | days
after the date on which the complaint is filed.
| ||||||
21 | (7) The hearing shall commence within 30 days of the
| ||||||
22 | date on which the complaint is filed. The hearing may
be | ||||||
23 | conducted by a hearing examiner or by an
arbitrator. | ||||||
24 | Parties and the Commission staff shall be
entitled to | ||||||
25 | present evidence and legal argument in oral
or written form | ||||||
26 | as deemed appropriate by the hearing examiner or |
| |||||||
| |||||||
1 | arbitrator.
The hearing examiner or arbitrator shall issue
| ||||||
2 | a written decision within 60 days after the date on
which | ||||||
3 | the complaint is filed. The decision shall
include reasons | ||||||
4 | for the disposition of the complaint
and, if a violation of | ||||||
5 | Section 13-514 is found, directions
and a deadline for | ||||||
6 | correction of the violation.
| ||||||
7 | (8) Any party may file a petition requesting the | ||||||
8 | Commission to review
the decision of the hearing examiner | ||||||
9 | or arbitrator within 5 days of such
decision. Any party may | ||||||
10 | file a response to a petition for review within 3
business | ||||||
11 | days after actual service of the petition. After the time | ||||||
12 | for filing
of the petition for review, but no later than 15 | ||||||
13 | days after the decision of the
hearing examiner or | ||||||
14 | arbitrator, the Commission shall decide to adopt the
| ||||||
15 | decision of the hearing examiner or arbitrator or shall | ||||||
16 | issue its own final
order.
| ||||||
17 | (e) If the alleged violation has a substantial adverse | ||||||
18 | effect
on the ability of the complainant to provide service to
| ||||||
19 | customers, the complainant may include in its complaint a
| ||||||
20 | request for an order for emergency relief. The
Commission, | ||||||
21 | acting through its designated hearing
examiner or arbitrator, | ||||||
22 | shall act upon such a request
within 2 business days of the | ||||||
23 | filing of the complaint. An order for
emergency relief may be | ||||||
24 | granted, without an evidentiary
hearing, upon a verified | ||||||
25 | factual showing that the party
seeking relief will likely | ||||||
26 | succeed on the merits, that the
party will suffer irreparable |
| |||||||
| |||||||
1 | harm in its ability to serve
customers if emergency relief is | ||||||
2 | not granted, and that the
order is in the public interest. An | ||||||
3 | order for emergency
relief shall include a finding that the | ||||||
4 | requirements of this
subsection have been fulfilled and shall | ||||||
5 | specify the
directives that must be fulfilled by the respondent | ||||||
6 | and
deadlines for meeting those directives. The decision of
the | ||||||
7 | hearing examiner or arbitrator to grant or deny
emergency | ||||||
8 | relief shall be considered an order of the
Commission unless | ||||||
9 | the Commission enters its own order within 2 calendar days of
| ||||||
10 | the decision of the hearing examiner or arbitrator. The order | ||||||
11 | for emergency
relief may require
the responding party to act or | ||||||
12 | refrain from acting so as to
protect the provision of | ||||||
13 | competitive service offerings to
customers. Any action | ||||||
14 | required by an emergency relief
order must be technically | ||||||
15 | feasible and economically reasonable and the
respondent
must be | ||||||
16 | given a reasonable period of time to comply with
the order.
| ||||||
17 | (f) The Commission is authorized to obtain outside | ||||||
18 | resources
including, but not limited to, arbitrators and | ||||||
19 | consultants for
the purposes of the hearings authorized by this | ||||||
20 | Section.
Any arbitrator or consultant obtained by the | ||||||
21 | Commission
shall be approved by both parties to the hearing.
| ||||||
22 | The cost of such outside resources including, but not limited | ||||||
23 | to, arbitrators
and consultants shall be borne by the parties. | ||||||
24 | The Commission shall review
the bill for reasonableness and | ||||||
25 | assess the parties for reasonable costs
dividing the costs | ||||||
26 | according to the resolution of the complaint brought under
this |
| |||||||
| |||||||
1 | Section. Such costs shall be paid by the parties directly to | ||||||
2 | the
arbitrators, consultants, and other providers of outside | ||||||
3 | resources within 60
days after receiving notice of the | ||||||
4 | assessments from the Commission. Interest
at the statutory rate | ||||||
5 | shall accrue after expiration of the 60-day period. The
| ||||||
6 | Commission, arbitrators, consultants, or other providers of | ||||||
7 | outside
resources may apply to a court of competent | ||||||
8 | jurisdiction for an order
requiring payment.
| ||||||
9 | (g) The Commission shall assess the parties under this | ||||||
10 | subsection for
all of the
Commission's costs of investigation | ||||||
11 | and conduct of the
proceedings brought under this Section | ||||||
12 | including, but not limited to, the
prorated salaries of staff, | ||||||
13 | attorneys, hearing examiners, and support
personnel and | ||||||
14 | including any travel and per diem, directly attributable to the
| ||||||
15 | complaint brought pursuant to this Section, but excluding those | ||||||
16 | costs provided
for in subsection (f), dividing the costs | ||||||
17 | according to the resolution of
the complaint brought under this | ||||||
18 | Section. All
assessments made under this subsection shall be | ||||||
19 | paid into the Public
Utility Fund within
60 days after | ||||||
20 | receiving notice of the assessments from the
Commission. | ||||||
21 | Interest at the statutory rate shall accrue after
the | ||||||
22 | expiration of the 60 day period. The Commission is
authorized | ||||||
23 | to apply to a court of competent jurisdiction for an
order | ||||||
24 | requiring payment.
| ||||||
25 | (h) If the Commission determines that there is an imminent
| ||||||
26 | threat to competition or to the public interest, the
Commission |
| |||||||
| |||||||
1 | may, notwithstanding any other provision of this Act, seek
| ||||||
2 | temporary, preliminary, or permanent
injunctive relief from a | ||||||
3 | court of competent jurisdiction either
prior to or after the | ||||||
4 | hearing.
| ||||||
5 | (i) A party shall not bring or defend a proceeding brought | ||||||
6 | under
this Section or assert or controvert an issue in a | ||||||
7 | proceeding brought under
this Section, unless
there is a | ||||||
8 | non-frivolous basis for doing so. By presenting a
pleading, | ||||||
9 | written motion, or other paper in complaint or
defense of the | ||||||
10 | actions or inaction of a party under this
Section, a party is | ||||||
11 | certifying to the Commission that to the
best of that party's | ||||||
12 | knowledge, information, and belief,
formed after a reasonable | ||||||
13 | inquiry of the subject matter of the
complaint or defense, that | ||||||
14 | the complaint or defense is well
grounded in law and fact, and | ||||||
15 | under the circumstances:
| ||||||
16 | (1) it is not being presented to harass the other | ||||||
17 | party,
cause unnecessary delay in the provision of
| ||||||
18 | competitive telecommunications services to
consumers, or | ||||||
19 | create needless increases in the cost of
litigation; and
| ||||||
20 | (2) the allegations and other factual contentions have
| ||||||
21 | evidentiary support or, if specifically so identified, are
| ||||||
22 | likely to have evidentiary support after reasonable
| ||||||
23 | opportunity for further investigation or discovery as | ||||||
24 | defined herein.
| ||||||
25 | (j) If, after notice and a reasonable opportunity to | ||||||
26 | respond,
the Commission determines that subsection (i) has been
|
| |||||||
| |||||||
1 | violated, the Commission shall impose appropriate
sanctions | ||||||
2 | upon the party or parties that have violated
subsection (i) or | ||||||
3 | are responsible for the violation. The
sanctions shall be not | ||||||
4 | more than $30,000, plus the
amount of expenses accrued by the | ||||||
5 | Commission for
conducting the hearing. Payment of sanctions | ||||||
6 | imposed under this subsection
shall be made to the Common | ||||||
7 | School Fund within 30 days of
imposition of such sanctions.
| ||||||
8 | (k) An appeal of a Commission Order made pursuant to this
| ||||||
9 | Section shall not effectuate a stay of the Order unless a court
| ||||||
10 | of competent jurisdiction specifically finds that the party
| ||||||
11 | seeking the stay will likely succeed on the merits, that the | ||||||
12 | party
will suffer irreparable harm without the stay, and that | ||||||
13 | the stay is
in the public interest.
| ||||||
14 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
15 | (220 ILCS 5/13-516)
| ||||||
16 | Sec. 13-516. Enforcement remedies for prohibited actions | ||||||
17 | by
telecommunications
carriers. | ||||||
18 | (a) In addition to any other provision of this Act, all of | ||||||
19 | the following
remedies
may be applied for violations of Section | ||||||
20 | 13-514, provided that, for a violation of paragraph (8) of | ||||||
21 | Section 13-514 to qualify for the remedies in this Section, the | ||||||
22 | violation must be in a manner that unreasonably delays, | ||||||
23 | increases the cost, or impedes the availability of | ||||||
24 | telecommunications services to consumers:
| ||||||
25 | (1) A Commission order directing the violating |
| |||||||
| |||||||
1 | telecommunications carrier
to cease and desist from | ||||||
2 | violating the Act or a Commission order or rule.
| ||||||
3 | (2) Notwithstanding any other provision of this Act, | ||||||
4 | for a second
and any subsequent violation of Section 13-514 | ||||||
5 | committed by a
telecommunications carrier after the | ||||||
6 | effective date of this amendatory Act of
the 92nd General | ||||||
7 | Assembly, the
Commission may impose penalties of up to | ||||||
8 | $30,000
or 0.00825% of the telecommunications carrier's | ||||||
9 | gross intrastate annual
telecommunications
revenue, | ||||||
10 | whichever is greater,
per violation unless the | ||||||
11 | telecommunications carrier has fewer than 35,000
| ||||||
12 | subscriber access
lines, in which case the civil penalty | ||||||
13 | may not exceed $2,000 per violation.
The second and any | ||||||
14 | subsequent violation of Section 13-514 need not be of the
| ||||||
15 | same nature or provision of the Section for a penalty to be | ||||||
16 | imposed.
Matters resolved through voluntary mediation | ||||||
17 | pursuant to Section 10-101.1
shall not be considered as a | ||||||
18 | violation of Section 13-514 in computing
eligibility for | ||||||
19 | imposition of a penalty under this subdivision (a)(2).
Each | ||||||
20 | day of a continuing offense shall be treated as a
separate | ||||||
21 | violation for purposes of levying any penalty under this
| ||||||
22 | Section. The period for which the penalty shall be levied | ||||||
23 | shall
commence on the day the
telecommunications carrier | ||||||
24 | first violated Section 13-514 or on the day of the
notice | ||||||
25 | provided to the telecommunications carrier pursuant to | ||||||
26 | subsection (c) of
Section 13-515, whichever is later, and |
| |||||||
| |||||||
1 | shall continue until
the telecommunications carrier is in | ||||||
2 | compliance with the
Commission order.
In assessing a | ||||||
3 | penalty under this subdivision (a)(2), the Commission may
| ||||||
4 | consider mitigating factors, including those specified in | ||||||
5 | items (1) through (4)
of subsection (a) of Section 13-304.
| ||||||
6 | (3) The Commission shall award damages, attorney's | ||||||
7 | fees, and costs to
any telecommunications carrier that was | ||||||
8 | subjected to a violation of
Section 13-514.
| ||||||
9 | (b) The Commission may waive penalties imposed under | ||||||
10 | subdivision (a)(2)
if it makes a written finding as to its | ||||||
11 | reasons for waiving the
penalty. Reasons for waiving a penalty | ||||||
12 | shall
include, but not be
limited
to, technological | ||||||
13 | infeasibility and acts of God.
| ||||||
14 | (c) The Commission shall establish by rule procedures for | ||||||
15 | the imposition of
remedies under subsection (a) that, at a | ||||||
16 | minimum, provide for
notice, hearing and a written order | ||||||
17 | relating to the imposition of remedies.
| ||||||
18 | (d) Unless enforcement of an order entered by the | ||||||
19 | Commission under Section
13-515 otherwise directs or is stayed | ||||||
20 | by the Commission or by an appellate
court reviewing the | ||||||
21 | Commission's order, at any time after 30
days from the entry of | ||||||
22 | the order, either the Commission, or the
telecommunications | ||||||
23 | carrier found by the Commission to have been subjected to
a | ||||||
24 | violation of Section 13-514, or both, is authorized to petition | ||||||
25 | a court of
competent jurisdiction for an order at law or in | ||||||
26 | equity requiring enforcement
of the Commission order. The court |
| |||||||
| |||||||
1 | shall determine (1) whether the Commission
entered the order | ||||||
2 | identified in the petition and (2) whether the violating
| ||||||
3 | telecommunications carrier has complied with the Commission's | ||||||
4 | order. A
certified copy of a Commission order shall be prima | ||||||
5 | facie evidence that the
Commission entered the order so | ||||||
6 | certified. Pending the court's resolution of
the petition, the | ||||||
7 | court may award temporary or preliminary injunctive relief,
or | ||||||
8 | such other equitable relief as may be necessary, to effectively | ||||||
9 | implement
and
enforce the Commission's order in a timely | ||||||
10 | manner.
| ||||||
11 | If after a hearing the court finds that the Commission | ||||||
12 | entered the order
identified in the petition and that the | ||||||
13 | violating telecommunications carrier
has not complied with the | ||||||
14 | Commission's order, the court shall enter judgment
requiring | ||||||
15 | the violating telecommunications carrier to comply with the
| ||||||
16 | Commission's order and order such relief at law or in equity as | ||||||
17 | the court deems
necessary to effectively implement and enforce | ||||||
18 | the Commission's order in a
timely manner. The court shall also | ||||||
19 | award to the petitioner, or petitioners,
attorney's fees and | ||||||
20 | costs, which shall be taxed and collected as part of the
costs | ||||||
21 | of the case.
| ||||||
22 | If the court finds that the violating telecommunications
| ||||||
23 | carrier has failed to comply with the timely payment of | ||||||
24 | damages, attorney's
fees, or costs ordered by the Commission, | ||||||
25 | the court shall order the
violating telecommunications carrier | ||||||
26 | to pay to the telecommunications carrier
or carriers awarded |
| |||||||
| |||||||
1 | the damages, fees, or costs by the Commission
additional | ||||||
2 | damages for the sake of example and by way of punishment for | ||||||
3 | the
failure to timely comply with the order of the Commission, | ||||||
4 | unless the court
finds a reasonable basis for the violating | ||||||
5 | telecommunications carrier's failure
to make timely payment | ||||||
6 | according to the Commission's order, in which instance
the | ||||||
7 | court shall establish a new date for payment to be made.
| ||||||
8 | (e) Payment of damages, attorney's fees, and costs imposed
| ||||||
9 | under subsection (a) shall be made
within 30 days after | ||||||
10 | issuance of the Commission order imposing the penalties,
| ||||||
11 | damages, attorney's fees, or costs, unless otherwise directed | ||||||
12 | by the Commission
or a reviewing court under an appeal taken | ||||||
13 | pursuant to Article X. Payment of
penalties imposed under | ||||||
14 | subsection (a) shall be made
to the Common School Fund within | ||||||
15 | 30 days of issuance of the Commission order
imposing the | ||||||
16 | penalties.
| ||||||
17 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
18 | (220 ILCS 5/13-517)
| ||||||
19 | Sec. 13-517. Provision of advanced telecommunications | ||||||
20 | services.
| ||||||
21 | (a) Every Incumbent Local Exchange Carrier | ||||||
22 | (telecommunications carrier that
offers or provides a | ||||||
23 | noncompetitive telecommunications service) shall offer or
| ||||||
24 | provide advanced telecommunications services to not less than | ||||||
25 | 80% of its
customers by January 1, 2005.
|
| |||||||
| |||||||
1 | (b) The Commission is authorized to grant a full or partial | ||||||
2 | waiver of the
requirements of this Section upon verified | ||||||
3 | petition of any Incumbent Local
Exchange Carrier ("ILEC") which | ||||||
4 | demonstrates that full compliance with the
requirements of this | ||||||
5 | Section would be unduly economically burdensome or
technically | ||||||
6 | infeasible or otherwise impractical in exchanges with low
| ||||||
7 | population density. Notice of any such petition must be given | ||||||
8 | to all
potentially affected customers. If no potentially | ||||||
9 | affected customer requests
the opportunity for a hearing on the | ||||||
10 | waiver petition, the Commission may, in
its discretion, allow | ||||||
11 | the waiver request to take effect without hearing. The
| ||||||
12 | Commission shall grant such petition to the extent that, and | ||||||
13 | for such duration
as, the Commission determines that such | ||||||
14 | waiver:
| ||||||
15 | (1) is necessary:
| ||||||
16 | (A) to avoid a significant adverse economic impact | ||||||
17 | on users of
telecommunications services generally;
| ||||||
18 | (B) to avoid imposing a requirement that is unduly | ||||||
19 | economically
burdensome;
| ||||||
20 | (C) to avoid imposing a requirement that is | ||||||
21 | technically infeasible;
or
| ||||||
22 | (D) to avoid imposing a requirement that is | ||||||
23 | otherwise impractical
to implement in exchanges with | ||||||
24 | low population density; and
| ||||||
25 | (2) is consistent with the public interest, | ||||||
26 | convenience, and necessity.
|
| |||||||
| |||||||
1 | The Commission shall act upon any petition filed under this | ||||||
2 | subsection within
180 days after receiving such petition. The | ||||||
3 | Commission may by rule establish
standards for granting any | ||||||
4 | waiver of the requirements of this Section. The
Commission may, | ||||||
5 | upon complaint or on its own motion, hold a hearing to
| ||||||
6 | reconsider its grant of a waiver in whole or in part. In the | ||||||
7 | event that the
Commission, following hearing, determines that | ||||||
8 | the affected ILEC no longer
meets the requirements of item (2) | ||||||
9 | of this subsection, the Commission shall
by order rescind such | ||||||
10 | waiver, in whole or in part. In the event and to the
degree the | ||||||
11 | Commission rescinds such waiver, the Commission shall | ||||||
12 | establish an
implementation schedule for compliance with the | ||||||
13 | requirements of this Section.
| ||||||
14 | (c) As used in this Section, "advanced telecommunications | ||||||
15 | services" means
services capable of
supporting, in at least one | ||||||
16 | direction, a speed in excess of 200 kilobits per
second (kbps) | ||||||
17 | to the network demarcation point at the subscriber's premises.
| ||||||
18 | (Source: P.A. 97-813, eff. 7-13-12 .)
| ||||||
19 | (220 ILCS 5/13-518)
| ||||||
20 | Sec. 13-518. Optional service packages.
| ||||||
21 | (a) It is the intent of this Section to provide unlimited | ||||||
22 | local service
packages at prices that will result in savings | ||||||
23 | for the average consumer.
Each telecommunications carrier that | ||||||
24 | provides
competitive and noncompetitive services, and that is | ||||||
25 | subject to an alternative
regulation plan pursuant to Section |
| |||||||
| |||||||
1 | 13-506.1 of this Article, shall provide, in
addition to such | ||||||
2 | other services as it offers, the following optional packages
of | ||||||
3 | services for a fixed monthly rate, which, along with the terms | ||||||
4 | and
conditions thereof, the Commission shall review, pursuant | ||||||
5 | to Article IX of this
Act, to determine whether such rates, | ||||||
6 | terms, and conditions are fair, just, and
reasonable.
| ||||||
7 | (1) A budget package, which shall consist of | ||||||
8 | residential access service
and unlimited local calls.
| ||||||
9 | (2) A flat rate package, which shall consist of | ||||||
10 | residential access
service, unlimited local calls, and the | ||||||
11 | customer's choice of 2 vertical
services as defined in this | ||||||
12 | Section.
| ||||||
13 | (3) An enhanced flat rate package, which shall consist | ||||||
14 | of residential
access service for 2 lines, unlimited local | ||||||
15 | calls, the customer's choice of
2 vertical services as | ||||||
16 | defined in this Section, and unlimited local toll
service.
| ||||||
17 | (b) Nothing in this Section or this Act shall be construed | ||||||
18 | to prohibit any
telecommunications carrier subject to this | ||||||
19 | Section from charging customers who
elect to take one of the | ||||||
20 | groups of services offered pursuant to this Section,
any | ||||||
21 | applicable surcharges, fees, and taxes.
| ||||||
22 | (c) The term "vertical services", when used in this | ||||||
23 | Section, includes,
but is not necessarily limited to, call | ||||||
24 | waiting, call forwarding, 3-way
calling, caller ID, call | ||||||
25 | tracing, automatic callback, repeat dialing, and
voicemail.
| ||||||
26 | (d) The service packages described in this Section shall be |
| |||||||
| |||||||
1 | defined as
noncompetitive services.
| ||||||
2 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
3 | (220 ILCS 5/13-519)
| ||||||
4 | Sec. 13-519. Fire alarm; discontinuance of service. When
a | ||||||
5 | telecommunications
carrier initiates a discontinuance of | ||||||
6 | service on a known emergency system or
fire alarm
system that | ||||||
7 | is required by the local authority to be a dedicated phone line
| ||||||
8 | circuit to the central dispatch of the fire department or fire | ||||||
9 | protection
district or, if applicable, the police department, | ||||||
10 | the telecommunications
carrier shall also transmit a copy of | ||||||
11 | the
written notice of discontinuance to that local authority.
| ||||||
12 | (Source: P.A. 93-412, eff. 1-1-04 .)
| ||||||
13 | (220 ILCS 5/13-601) (from Ch. 111 2/3, par. 13-601)
| ||||||
14 | Sec. 13-601. Application of Article VII. The provisions of | ||||||
15 | Article VII
of this Act are applicable only to | ||||||
16 | telecommunications carriers offering or
providing | ||||||
17 | noncompetitive telecommunications service, and the | ||||||
18 | Commission's
regulation thereof, except that (1) the approval | ||||||
19 | of contracts and arrangements
with affiliated interests | ||||||
20 | required by paragraph (3) of Section 7-101 shall not
apply to | ||||||
21 | such telecommunications carriers provided that, except as | ||||||
22 | provided in
item (2), those contracts and arrangements shall be | ||||||
23 | filed with the Commission
and (2) affiliated interest contracts | ||||||
24 | or arrangements entered into by such
telecommunications |
| |||||||
| |||||||
1 | carriers where the increased obligation thereunder does not
| ||||||
2 | exceed the lesser of $5,000,000 or 5% of such carrier's prior | ||||||
3 | annual revenue
from noncompetitive services are not required to | ||||||
4 | be filed with the Commission.
| ||||||
5 | (Source: P.A. 89-440, eff. 12-15-95 .)
| ||||||
6 | (220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)
| ||||||
7 | Sec. 13-701. Notwithstanding any other provision of this | ||||||
8 | Act to the
contrary, the Commission has no power to supervise | ||||||
9 | or control any telephone
cooperative as respects assessment | ||||||
10 | schedules or local service rates made or
charged by such a | ||||||
11 | cooperative on a nondiscriminatory basis. In addition,
the | ||||||
12 | Commission has no power to inquire into, or require the | ||||||
13 | submission of,
the terms, conditions or agreements by or under | ||||||
14 | which telephone
cooperatives are financed. A telephone | ||||||
15 | cooperative shall file with the
Commission either a copy of the | ||||||
16 | annual financial report required by the
Rural Electrification | ||||||
17 | Administration, or the annual financial report
required of | ||||||
18 | other public utilities. | ||||||
19 | Sections 13-712 and 13-713 of this Act do not apply to | ||||||
20 | telephone cooperatives.
| ||||||
21 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .)
| ||||||
22 | (220 ILCS 5/13-702) (from Ch. 111 2/3, par. 13-702)
| ||||||
23 | Sec. 13-702.
Every telecommunications carrier operating in | ||||||
24 | this State
shall receive, transmit and deliver, without |
| |||||||
| |||||||
1 | discrimination or delay, the
conversations, messages or other | ||||||
2 | transmissions of every other
telecommunications carrier with | ||||||
3 | which a joint rate has been established or
with whose line a | ||||||
4 | physical connection may have been made.
| ||||||
5 | (Source: P.A. 84-1063 .)
| ||||||
6 | (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| ||||||
7 | Sec. 13-703.
(a) The Commission shall design and implement | ||||||
8 | a program
whereby each telecommunications carrier providing | ||||||
9 | local exchange service
shall provide a telecommunications | ||||||
10 | device capable of servicing the needs of
those persons with a | ||||||
11 | hearing or speech disability together with a
single party line, | ||||||
12 | at no charge additional to the basic exchange rate, to
any | ||||||
13 | subscriber who is certified as having a hearing or speech | ||||||
14 | disability by a hearing care professional, as defined in the | ||||||
15 | Hearing Instrument Consumer Protection Act, a speech-language | ||||||
16 | pathologist, or a qualified
State agency and to any subscriber | ||||||
17 | which is an organization serving the needs
of those persons | ||||||
18 | with a hearing or speech disability as determined and
specified | ||||||
19 | by the Commission pursuant to subsection (d).
| ||||||
20 | (b) The Commission shall design and implement a program, | ||||||
21 | whereby each
telecommunications carrier providing local | ||||||
22 | exchange service shall provide a
telecommunications relay | ||||||
23 | system, using third party intervention to connect
those persons | ||||||
24 | having a hearing or speech disability with persons of normal
| ||||||
25 | hearing by way of intercommunications devices and the telephone |
| |||||||
| |||||||
1 | system, making
available reasonable access to all phases of | ||||||
2 | public telephone service to
persons who have a hearing or | ||||||
3 | speech disability. In order to design a
telecommunications | ||||||
4 | relay system which will meet the requirements of those
persons | ||||||
5 | with a hearing or speech disability available at a reasonable | ||||||
6 | cost, the
Commission shall initiate an investigation and | ||||||
7 | conduct public hearings to
determine the most cost-effective | ||||||
8 | method of providing telecommunications relay
service to those | ||||||
9 | persons who have a hearing or speech disability when using
| ||||||
10 | telecommunications devices and therein solicit the advice, | ||||||
11 | counsel, and
physical assistance of Statewide nonprofit | ||||||
12 | consumer organizations that serve
persons with hearing or | ||||||
13 | speech disabilities in such hearings and during the
development | ||||||
14 | and implementation of the system. The Commission shall phase
in | ||||||
15 | this program, on a geographical basis, as soon as is | ||||||
16 | practicable, but
no later than June 30, 1990.
| ||||||
17 | (c) The Commission shall establish a competitively neutral | ||||||
18 | rate recovery mechanism that establishes charges in an amount | ||||||
19 | to be determined by the Commission
for each line of a | ||||||
20 | subscriber to allow telecommunications carriers
providing | ||||||
21 | local exchange service to recover costs as they are incurred
| ||||||
22 | under this Section. Beginning no later than April 1, 2016, and | ||||||
23 | on a yearly basis thereafter, the Commission shall initiate a | ||||||
24 | proceeding to establish the competitively neutral amount to be | ||||||
25 | charged or assessed to subscribers of telecommunications | ||||||
26 | carriers and wireless carriers, Interconnected VoIP service |
| |||||||
| |||||||
1 | providers, and consumers of prepaid wireless | ||||||
2 | telecommunications service in a manner consistent with this | ||||||
3 | subsection (c) and subsection (f) of this Section. The | ||||||
4 | Commission shall issue its order establishing the | ||||||
5 | competitively neutral amount to be charged or assessed to | ||||||
6 | subscribers of telecommunications carriers and wireless | ||||||
7 | carriers, Interconnected VoIP service providers, and | ||||||
8 | purchasers of prepaid wireless telecommunications service on | ||||||
9 | or prior to June 1 of each year, and such amount shall take | ||||||
10 | effect June 1 of each year.
| ||||||
11 | Telecommunications carriers, wireless carriers, | ||||||
12 | Interconnected VoIP service providers, and sellers of prepaid | ||||||
13 | wireless telecommunications service shall have 60 days from the | ||||||
14 | date the Commission files its order to implement the new rate | ||||||
15 | established by the order. | ||||||
16 | (d) The Commission shall determine and specify those | ||||||
17 | organizations serving
the needs of those persons having a | ||||||
18 | hearing or speech disability that shall
receive a | ||||||
19 | telecommunications device and in which offices the equipment | ||||||
20 | shall be
installed in the case of an organization having more | ||||||
21 | than one office. For the
purposes of this Section, | ||||||
22 | "organizations serving the needs of those persons
with hearing | ||||||
23 | or speech disabilities" means centers for independent living as
| ||||||
24 | described in Section 12a of the Rehabilitation of Persons with | ||||||
25 | Disabilities Act and
not-for-profit organizations whose | ||||||
26 | primary purpose is serving the needs of
those persons with |
| |||||||
| |||||||
1 | hearing or speech disabilities. The Commission shall direct
the | ||||||
2 | telecommunications carriers subject to its jurisdiction and | ||||||
3 | this
Section to comply with its determinations and | ||||||
4 | specifications in this regard.
| ||||||
5 | (e) As used in this Section: | ||||||
6 | "Prepaid wireless telecommunications service" has the | ||||||
7 | meaning given to that term under Section 10 of the Prepaid | ||||||
8 | Wireless 9-1-1 Surcharge Act. | ||||||
9 | "Retail transaction" has the meaning given to that term | ||||||
10 | under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
11 | "Seller" has the meaning given to that term under Section | ||||||
12 | 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||||||
13 | "Telecommunications carrier
providing local exchange | ||||||
14 | service" includes, without otherwise limiting the
meaning of | ||||||
15 | the term, telecommunications carriers which are purely mutual
| ||||||
16 | concerns, having no rates or charges for services, but paying | ||||||
17 | the operating
expenses by assessment upon the members of such a | ||||||
18 | company and no other
person.
| ||||||
19 | "Wireless carrier" has the meaning given to that term under | ||||||
20 | Section 2 10 of the Wireless Emergency Telephone System Safety | ||||||
21 | Act. | ||||||
22 | (f) Interconnected VoIP service providers, sellers of | ||||||
23 | prepaid wireless telecommunications service, and wireless | ||||||
24 | carriers in Illinois shall collect and remit assessments | ||||||
25 | determined in accordance with this Section in a competitively | ||||||
26 | neutral manner in the same manner as a telecommunications |
| |||||||
| |||||||
1 | carrier providing local exchange service. However, the | ||||||
2 | assessment imposed on consumers of prepaid wireless | ||||||
3 | telecommunications service shall be collected by the seller | ||||||
4 | from the consumer and imposed per retail transaction as a | ||||||
5 | percentage of that retail transaction on all retail | ||||||
6 | transactions occurring in this State. The assessment on | ||||||
7 | subscribers of wireless carriers and consumers of prepaid | ||||||
8 | wireless telecommunications service shall not be imposed or | ||||||
9 | collected prior to June 1, 2016. | ||||||
10 | Sellers of prepaid wireless telecommunications service | ||||||
11 | shall remit the assessments to the Department of Revenue on the | ||||||
12 | same form and in the same manner which they remit the fee | ||||||
13 | collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | ||||||
14 | the purposes of display on the consumers' receipts, the rates | ||||||
15 | of the fee collected under the Prepaid Wireless 9-1-1 Surcharge | ||||||
16 | Act and the assessment under this Section may be combined. In | ||||||
17 | administration and enforcement of this Section, the provisions | ||||||
18 | of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge | ||||||
19 | Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of | ||||||
20 | Section 15 and subsections (c) and (e) of Section 20 of the | ||||||
21 | Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 | ||||||
22 | (the effective date of Public Act 99-6), the seller shall be | ||||||
23 | permitted to deduct and retain 3% of the assessments that are | ||||||
24 | collected by the seller from consumers and that are remitted | ||||||
25 | and timely filed with the Department) that are not inconsistent | ||||||
26 | with this Section, shall apply, as far as practicable, to the |
| |||||||
| |||||||
1 | subject matter of this Section to the same extent as if those | ||||||
2 | provisions were included in this Section. The Department shall | ||||||
3 | deposit all assessments and penalties collected under this | ||||||
4 | Section into the Illinois Telecommunications Access | ||||||
5 | Corporation Fund, a special fund created in the State treasury. | ||||||
6 | On or before the 25th day of each calendar month, the | ||||||
7 | Department shall prepare and certify to the Comptroller the | ||||||
8 | amount available to the Commission for distribution out of the | ||||||
9 | Illinois Telecommunications Access Corporation Fund. The | ||||||
10 | amount certified shall be the amount (not including credit | ||||||
11 | memoranda) collected during the second preceding calendar | ||||||
12 | month by the Department, plus an amount the Department | ||||||
13 | determines is necessary to offset any amounts which were | ||||||
14 | erroneously paid to a different taxing body or fund. The amount | ||||||
15 | paid to the Illinois Telecommunications Access Corporation | ||||||
16 | Fund shall not include any amount equal to the amount of | ||||||
17 | refunds made during the second preceding calendar month by the | ||||||
18 | Department to retailers under this Section or any amount that | ||||||
19 | the Department determines is necessary to offset any amounts | ||||||
20 | which were payable to a different taxing body or fund but were | ||||||
21 | erroneously paid to the Illinois Telecommunications Access | ||||||
22 | Corporation Fund. The Commission shall distribute all the funds | ||||||
23 | to the Illinois Telecommunications Access Corporation and the | ||||||
24 | funds may only be used in accordance with the provisions of | ||||||
25 | this Section. The Department shall deduct 2% of all amounts | ||||||
26 | deposited in the Illinois Telecommunications Access |
| |||||||
| |||||||
1 | Corporation Fund during every year of remitted assessments. Of | ||||||
2 | the 2% deducted by the Department, one-half shall be | ||||||
3 | transferred into the Tax Compliance and Administration Fund to | ||||||
4 | reimburse the Department for its direct costs of administering | ||||||
5 | the collection and remittance of the assessment. The remaining | ||||||
6 | one-half shall be transferred into the Public Utility Fund to | ||||||
7 | reimburse the Commission for its costs of distributing to the | ||||||
8 | Illinois Telecommunications Access Corporation the amount | ||||||
9 | certified by the Department for distribution. The amount to be | ||||||
10 | charged or assessed under subsections (c) and (f) is not | ||||||
11 | imposed on a provider or the consumer for wireless Lifeline | ||||||
12 | service where the consumer does not pay the provider for the | ||||||
13 | service. Where the consumer purchases from the provider | ||||||
14 | optional minutes, texts, or other services in addition to the | ||||||
15 | federally funded Lifeline benefit, a consumer must pay the | ||||||
16 | charge or assessment, and it must be collected by the seller | ||||||
17 | according to this subsection (f). | ||||||
18 | Interconnected VoIP services shall not be considered an | ||||||
19 | intrastate telecommunications service for the purposes of this | ||||||
20 | Section in a manner inconsistent with federal law or Federal | ||||||
21 | Communications Commission regulation. | ||||||
22 | (g) The provisions of this Section are severable under | ||||||
23 | Section 1.31 of the Statute on Statutes. | ||||||
24 | (h) The Commission may adopt rules necessary to implement | ||||||
25 | this Section. | ||||||
26 | (Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642, |
| |||||||
| |||||||
1 | eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17; | ||||||
2 | revised 2-15-17.)
| ||||||
3 | (220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
| ||||||
4 | Sec. 13-704.
Each page of a billing statement which sets | ||||||
5 | forth charges
assessed against a customer by a | ||||||
6 | telecommunications carrier for
telecommunications service | ||||||
7 | shall reflect the telephone number or customer
account number | ||||||
8 | to which the charges are being billed. If a telecommunications | ||||||
9 | carrier offers electronic billing, customers may elect to have | ||||||
10 | their bills sent electronically. Such bills shall be | ||||||
11 | transmitted with instructions for payment. Information sent | ||||||
12 | electronically shall be deemed to satisfy any requirement in | ||||||
13 | this Section that such information be printed or written on a | ||||||
14 | customer bill. Bills may be paid electronically or by the use | ||||||
15 | of a customer-preferred financially accredited credit or debit | ||||||
16 | methodology.
| ||||||
17 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
18 | (220 ILCS 5/13-705) (from Ch. 111 2/3, par. 13-705)
| ||||||
19 | Sec. 13-705.
Every telephone directory distributed after | ||||||
20 | July 1, 1990
to the general public in this State which lists | ||||||
21 | the calling numbers of
telephones, of any telephone exchange | ||||||
22 | located in this State, shall also
contain a listing, at no | ||||||
23 | additional charge, of any special calling number
assigned to | ||||||
24 | any telecommunication device for the deaf in use within the
|
| |||||||
| |||||||
1 | geographic area of coverage for the directory, unless the | ||||||
2 | telephone company
is notified by the telecommunication device | ||||||
3 | subscriber that the subscriber
does not wish the TDD number to | ||||||
4 | be listed in the directory. Such listing
shall include, but is | ||||||
5 | not limited to, residential, commercial and
governmental | ||||||
6 | numbers with telecommunication device access and shall include
| ||||||
7 | a designation if the device is for print or display | ||||||
8 | communication only or
if it also accommodates voice | ||||||
9 | transmission. In addition to the
aforementioned requirements | ||||||
10 | each telephone directory so distributed
shall also contain a | ||||||
11 | listing of any city and county emergency services and
any | ||||||
12 | police telecommunication device for the deaf calling numbers in | ||||||
13 | the
coverage area within this State which is included in the | ||||||
14 | directory as well
as the listing of the Illinois State Police | ||||||
15 | emergency telecommunication
device for the deaf calling number | ||||||
16 | in Springfield. This emergency numbers
listing shall be | ||||||
17 | preceded by the words "Emergency Assistance for Deaf
Persons" | ||||||
18 | which shall be as legible and printed in the same size as all
| ||||||
19 | other emergency subheadings on the page; provided, that the | ||||||
20 | provisions of
this Section do not apply to those directories | ||||||
21 | distributed solely for
business advertising purposes, commonly | ||||||
22 | known as classified directories.
| ||||||
23 | (Source: P.A. 85-1404 .)
| ||||||
24 | (220 ILCS 5/13-706) (from Ch. 111 2/3, par. 13-706)
| ||||||
25 | Sec. 13-706.
Except as provided in Section 13-707 of this |
| |||||||
| |||||||
1 | Act, all essential
telephones, all coin-operated phones and all | ||||||
2 | emergency telephones sold,
rented or distributed by any other | ||||||
3 | means in this State after July 1, 1990
shall be hearing-aid | ||||||
4 | compatible. The provisions of this Section shall not
apply to | ||||||
5 | any telephone that is manufactured before July 1, 1989.
| ||||||
6 | (Source: P.A. 85-1440 .)
| ||||||
7 | (220 ILCS 5/13-707) (from Ch. 111 2/3, par. 13-707)
| ||||||
8 | Sec. 13-707.
The following telephones shall be exempt from | ||||||
9 | the
requirements of Section 13-706 of this Act: telephones used | ||||||
10 | with public
mobile services; telephones used with private radio | ||||||
11 | services; and cordless
telephones. The exemption provided in | ||||||
12 | this Section shall not apply with
respect to cordless | ||||||
13 | telephones manufactured or imported more than 3 years
after | ||||||
14 | September 19, 1988. The Commission shall periodically
assess | ||||||
15 | the appropriateness of continuing in effect the exemptions | ||||||
16 | provided
herein for public mobile service and private radio | ||||||
17 | service telephones and
report their findings to the General | ||||||
18 | Assembly.
| ||||||
19 | (Source: P.A. 85-1440 .)
| ||||||
20 | (220 ILCS 5/13-709)
| ||||||
21 | Sec. 13-709. Orders of correction.
| ||||||
22 | (a) A telecommunications carrier shall
comply with orders | ||||||
23 | of correction issued by the Department of Public Health
under | ||||||
24 | Section 5 of the Illinois Plumbing License Law.
|
| |||||||
| |||||||
1 | (b) Upon receiving notification from the Department of | ||||||
2 | Public Health that a
telecommunications carrier has failed to | ||||||
3 | comply with an order of correction,
the Illinois Commerce | ||||||
4 | Commission shall enforce the order.
| ||||||
5 | (c) The good faith compliance by a
telecommunications | ||||||
6 | carrier with
an order of the Department of Public Health or | ||||||
7 | Illinois Commerce Commission to
terminate service
pursuant to
| ||||||
8 | Section 5 of the Illinois Plumbing License Law
shall constitute | ||||||
9 | a complete defense to any civil
action brought
against the | ||||||
10 | telecommunications carrier arising from the termination of
| ||||||
11 | service.
| ||||||
12 | (Source: P.A. 91-184, eff. 1-1-00 .)
| ||||||
13 | (220 ILCS 5/13-712)
| ||||||
14 | Sec. 13-712. Basic local exchange service quality; | ||||||
15 | customer credits.
| ||||||
16 | (a) It is the intent of the General Assembly that every | ||||||
17 | telecommunications
carrier meet
minimum service quality | ||||||
18 | standards in providing noncompetitive basic local exchange | ||||||
19 | service on
a non-discriminatory basis to all classes of | ||||||
20 | customers.
| ||||||
21 | (b) Definitions:
| ||||||
22 | (1) (Blank).
| ||||||
23 | (2) "Basic local exchange service" means residential | ||||||
24 | and business lines
used
for local
exchange | ||||||
25 | telecommunications service as defined in Section 13-204 of |
| |||||||
| |||||||
1 | this Act, that have not been classified as competitive | ||||||
2 | pursuant to either Section 13-502 or subdivision (c)(5) of | ||||||
3 | Section 13-506.2 of this Act,
excluding:
| ||||||
4 | (A) services that employ advanced | ||||||
5 | telecommunications capability as
defined
in Section | ||||||
6 | 706(c)(1) of the federal Telecommunications Act of | ||||||
7 | 1996;
| ||||||
8 | (B) vertical services;
| ||||||
9 | (C) company official lines; and
| ||||||
10 | (D) records work only.
| ||||||
11 | (3) "Link Up" refers to the Link Up Assistance program | ||||||
12 | defined and
established
at 47
C.F.R. Section 54.411 et seq. | ||||||
13 | as amended.
| ||||||
14 | (c) The Commission shall promulgate service quality rules
| ||||||
15 | for basic local exchange service, which may include fines, | ||||||
16 | penalties, customer
credits, and other enforcement mechanisms. | ||||||
17 | In developing such service quality
rules, the Commission shall | ||||||
18 | consider, at a minimum, the carrier's gross annual
intrastate | ||||||
19 | revenue; the frequency, duration, and recurrence of the | ||||||
20 | violation;
and the relative harm caused to the affected | ||||||
21 | customer or other users of the
network. In imposing fines, the | ||||||
22 | Commission shall take into account
compensation or credits paid | ||||||
23 | by the telecommunications carrier to its customers
pursuant to | ||||||
24 | this Section in compensation for the violation found pursuant | ||||||
25 | to
this Section. These rules shall become effective within one | ||||||
26 | year after the
effective date of this amendatory Act of the |
| |||||||
| |||||||
1 | 92nd General Assembly.
| ||||||
2 | (d) The rules shall, at a minimum, require each | ||||||
3 | telecommunications carrier
to do all of the following:
| ||||||
4 | (1) Install basic local exchange service within 5 | ||||||
5 | business days after
receipt
of an
order from the customer | ||||||
6 | unless the customer requests an installation date that
is
| ||||||
7 | beyond 5 business days after placing the order for basic | ||||||
8 | service and to inform
the customer of its duty to install | ||||||
9 | service within this timeframe. If
installation
of
service | ||||||
10 | is requested on or by a date more than 5 business days in | ||||||
11 | the future,
the
telecommunications carrier shall install | ||||||
12 | service by the date requested. A
telecommunications | ||||||
13 | carrier offering basic local exchange service utilizing | ||||||
14 | the
network or network elements of another carrier shall | ||||||
15 | install new lines for
basic local exchange service within 3 | ||||||
16 | business days after provisioning of the
line or lines by | ||||||
17 | the carrier whose network or network elements are being
| ||||||
18 | utilized is complete. This
subdivision (d)(1) does not | ||||||
19 | apply to the migration of a customer between
| ||||||
20 | telecommunications carriers, so long as the customer | ||||||
21 | maintains dial tone.
| ||||||
22 | (2) Restore basic local exchange service for a customer | ||||||
23 | within 30 hours of
receiving
notice that a customer is out | ||||||
24 | of service. This provision applies to service
disruptions | ||||||
25 | that occur when a customer switches existing basic local | ||||||
26 | exchange
service from one carrier to another.
|
| |||||||
| |||||||
1 | (3) Keep all repair and installation appointments for | ||||||
2 | basic local exchange
service,
when a customer premises | ||||||
3 | visit requires a customer to be present.
| ||||||
4 | (4) Inform a customer when a repair or installation | ||||||
5 | appointment requires
the customer to be present.
| ||||||
6 | (e) The rules shall include provisions for customers to be
| ||||||
7 | credited by the
telecommunications carrier for violations of | ||||||
8 | basic local exchange service
quality
standards as described in | ||||||
9 | subsection (d).
The credits shall be applied on the statement | ||||||
10 | issued to the
customer for the next monthly billing cycle | ||||||
11 | following the violation or
following the discovery of the | ||||||
12 | violation.
The performance levels established in subsection | ||||||
13 | (c) are solely for the
purposes
of consumer credits and shall | ||||||
14 | not be used as performance levels for the
purposes of
assessing | ||||||
15 | penalties under Section 13-305.
At a minimum, the rules shall
| ||||||
16 | include the following:
| ||||||
17 | (1) If a carrier fails to repair an out-of-service | ||||||
18 | condition for basic
local
exchange service within 30 hours, | ||||||
19 | the carrier shall provide a credit to
the customer. If the | ||||||
20 | service disruption is for over 30 hours but less than 48 | ||||||
21 | hours, the
credit must be equal to a pro-rata portion of | ||||||
22 | the monthly recurring charges for
all
local services | ||||||
23 | disrupted. If the service disruption is for more than 48
| ||||||
24 | hours, but not more than 72 hours, the credit must be equal | ||||||
25 | to at least
33% of one month's recurring charges for all | ||||||
26 | local services disrupted. If the
service disruption is for |
| |||||||
| |||||||
1 | more than 72 hours, but not more than 96
hours, the credit | ||||||
2 | must be equal to at least 67% of one month's
recurring | ||||||
3 | charges for all local services disrupted. If the service | ||||||
4 | disruption
is for
more than 96 hours, but not more than 120 | ||||||
5 | hours, the credit must be equal to
one month's recurring | ||||||
6 | charges for all
local
services disrupted. For each day or | ||||||
7 | portion thereof that the service
disruption continues | ||||||
8 | beyond
the initial 120-hour period, the carrier shall also | ||||||
9 | provide
an additional credit of $20 per day.
| ||||||
10 | (2) If a carrier fails to install basic local exchange | ||||||
11 | service as required
under subdivision (d)(1),
the carrier | ||||||
12 | shall waive 50% of
any installation charges, or in the | ||||||
13 | absence of an installation charge or where
installation is | ||||||
14 | pursuant to the Link Up
program, the carrier shall provide | ||||||
15 | a credit of $25. If a carrier fails to
install service | ||||||
16 | within 10 business days after the service application is
| ||||||
17 | placed, or fails to install service within 5 business days | ||||||
18 | after the customer's
requested installation date, if the | ||||||
19 | requested date was more than 5 business
days after the date | ||||||
20 | of the order, the carrier shall waive 100% of the
| ||||||
21 | installation charge, or in the absence of an installation | ||||||
22 | charge or where
installation is provided pursuant to the | ||||||
23 | Link Up program, the carrier shall
provide a credit of $50. | ||||||
24 | For each day that the failure to install service
continues | ||||||
25 | beyond the initial 10 business days, or beyond 5 business | ||||||
26 | days after
the customer's requested installation date, if |
| |||||||
| |||||||
1 | the requested date was more than
5 business days after the | ||||||
2 | date of the order, the
carrier shall also provide an
| ||||||
3 | additional credit of $20 per day until service is
| ||||||
4 | installed.
| ||||||
5 | (3) If a carrier fails to keep a scheduled repair or | ||||||
6 | installation
appointment when a customer premises visit | ||||||
7 | requires a customer to be present,
the carrier shall credit | ||||||
8 | the customer $25 per missed appointment.
A credit required | ||||||
9 | by this subsection does not apply when the carrier provides
| ||||||
10 | the customer notice of its inability to keep the | ||||||
11 | appointment no later than 8 p.m. of the day prior to the | ||||||
12 | scheduled date of the appointment.
| ||||||
13 | (4) If the violation of a basic local exchange service | ||||||
14 | quality standard is
caused by a carrier other than the | ||||||
15 | carrier providing retail
service to the customer, the
| ||||||
16 | carrier providing retail service to the customer shall | ||||||
17 | credit the customer as
provided
in this Section. The | ||||||
18 | carrier causing the violation shall
reimburse the carrier | ||||||
19 | providing retail service the amount credited the
customer.
| ||||||
20 | When applicable, an interconnection agreement shall govern | ||||||
21 | compensation between
the carrier causing the violation, in | ||||||
22 | whole or in part, and the retail carrier
providing the | ||||||
23 | credit to the customer.
| ||||||
24 | (5) (Blank).
| ||||||
25 | (6) Credits required by this subsection do not apply if | ||||||
26 | the violation of a
service
quality standard:
|
| |||||||
| |||||||
1 | (i) occurs as a result of a negligent or willful | ||||||
2 | act on the part of the
customer;
| ||||||
3 | (ii) occurs as a result of a malfunction of | ||||||
4 | customer-owned telephone
equipment or inside wiring;
| ||||||
5 | (iii) occurs as a result of, or is extended by, an | ||||||
6 | emergency situation
as defined in
Commission rules;
| ||||||
7 | (iv) is extended by the carrier's inability to gain | ||||||
8 | access to the
customer's
premises due to the customer | ||||||
9 | missing an appointment, provided that the
violation is | ||||||
10 | not further extended by the carrier;
| ||||||
11 | (v) occurs as a result of a customer request to | ||||||
12 | change the scheduled
appointment, provided
that the | ||||||
13 | violation is not further extended by the carrier;
| ||||||
14 | (vi) occurs as a result of a carrier's right to | ||||||
15 | refuse service to a
customer as provided in Commission | ||||||
16 | rules; or
| ||||||
17 | (vii) occurs as a result of a lack of facilities | ||||||
18 | where a customer
requests service at a geographically
| ||||||
19 | remote location, a customer requests service in a | ||||||
20 | geographic area where the
carrier is not currently | ||||||
21 | offering service, or there are insufficient facilities
| ||||||
22 | to meet the customer's request for service, subject to | ||||||
23 | a carrier's obligation
for reasonable facilities | ||||||
24 | planning.
| ||||||
25 | (7) The provisions of this subsection are cumulative | ||||||
26 | and shall not in any
way
diminish or replace other civil or |
| |||||||
| |||||||
1 | administrative remedies available to a
customer
or a class | ||||||
2 | of customers.
| ||||||
3 | (f) The rules shall require each telecommunications | ||||||
4 | carrier to provide to
the Commission, on
a quarterly basis and | ||||||
5 | in a form suitable for posting on the Commission's
website, a | ||||||
6 | public
report that includes performance data for basic local | ||||||
7 | exchange service quality
of service.
The performance data shall | ||||||
8 | be disaggregated for each geographic area and each
customer | ||||||
9 | class of the
State for
which the telecommunications carrier | ||||||
10 | internally monitored performance data as
of a date
120 days | ||||||
11 | preceding the effective date of this amendatory Act of the 92nd
| ||||||
12 | General Assembly. The report shall
include, at
a minimum, | ||||||
13 | performance data on basic local exchange service | ||||||
14 | installations,
lines out of
service for more than 30 hours, | ||||||
15 | carrier response to customer calls, trouble
reports, and
missed | ||||||
16 | repair and installation commitments.
| ||||||
17 | (g) The Commission shall establish and implement carrier to | ||||||
18 | carrier
wholesale service
quality rules and establish remedies | ||||||
19 | to ensure enforcement of the rules.
| ||||||
20 | (Source: P.A. 98-45, eff. 6-28-13 .)
| ||||||
21 | (220 ILCS 5/13-713)
| ||||||
22 | Sec. 13-713. Consumer complaint resolution process.
| ||||||
23 | (a) It is the intent of the General Assembly
that consumer | ||||||
24 | complaints against
telecommunications carriers shall be | ||||||
25 | concluded as expeditiously as possible
consistent with the |
| |||||||
| |||||||
1 | rights of the parties thereto to the due process of law
and | ||||||
2 | protection of the public interest.
| ||||||
3 | (b) The Commission shall promulgate rules that permit | ||||||
4 | parties
to resolve disputes through mediation. A consumer may | ||||||
5 | request mediation upon
completion of the Commission's informal | ||||||
6 | complaint process and prior to the
initiation of a formal | ||||||
7 | complaint as described in Commission rules.
| ||||||
8 | (c) A residential consumer or business
consumer with fewer | ||||||
9 | than 20 lines shall have the right to request mediation for
| ||||||
10 | resolution of a dispute with a telecommunications carrier. The | ||||||
11 | carrier shall
be required to participate in mediation at the | ||||||
12 | consumer's request.
| ||||||
13 | (d) The Commission may retain the services of an | ||||||
14 | independent neutral
mediator or trained Commission staff to | ||||||
15 | facilitate resolution of the consumer
dispute. The mediation | ||||||
16 | process must be completed no later than 45 days after
the | ||||||
17 | consumer requests mediation.
| ||||||
18 | (e) If the parties reach agreement, the agreement shall be | ||||||
19 | reduced to
writing at the conclusion of the mediation. The | ||||||
20 | writing shall contain mutual
conditions, payment arrangements, | ||||||
21 | or other terms that resolve the dispute in
its
entirety. If the | ||||||
22 | parties are unable to reach agreement or after 45 days,
| ||||||
23 | whichever occurs first, the consumer may file a formal | ||||||
24 | complaint with the
Commission as described in Commission rules.
| ||||||
25 | (f) If either the consumer or the carrier fails to abide by | ||||||
26 | the terms of the
settlement agreement, either party may |
| |||||||
| |||||||
1 | exercise any rights it may have as
specified in the terms of | ||||||
2 | the agreement or as provided in Commission rules.
| ||||||
3 | (g) All notes, writings and settlement discussions related | ||||||
4 | to the mediation
shall be exempt from discovery and shall be | ||||||
5 | inadmissible in any agency or court
proceeding.
| ||||||
6 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
7 | (220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
| ||||||
8 | Sec. 13-801. Incumbent local exchange carrier obligations.
| ||||||
9 | (a) This Section provides
additional State requirements | ||||||
10 | contemplated by, but not inconsistent with,
Section
261(c) of | ||||||
11 | the federal Telecommunications Act of 1996, and not preempted | ||||||
12 | by
orders of the Federal Communications Commission.
A | ||||||
13 | telecommunications carrier not subject to regulation under an | ||||||
14 | alternative
regulation plan pursuant to Section 13-506.1
of | ||||||
15 | this Act shall not be subject to the provisions of this | ||||||
16 | Section, to the
extent that this Section imposes requirements | ||||||
17 | or obligations upon the
telecommunications carrier that exceed | ||||||
18 | or are more stringent than those
obligations imposed by Section | ||||||
19 | 251 of the federal Telecommunications Act of
1996 and | ||||||
20 | regulations promulgated thereunder.
| ||||||
21 | An incumbent local exchange carrier shall provide a | ||||||
22 | requesting
telecommunications carrier with interconnection, | ||||||
23 | collocation, network elements,
and
access to operations | ||||||
24 | support systems on just, reasonable, and nondiscriminatory
| ||||||
25 | rates,
terms, and
conditions to enable the provision of any and |
| |||||||
| |||||||
1 | all existing and new
telecommunications
services within the | ||||||
2 | LATA, including, but not limited to, local exchange and
| ||||||
3 | exchange
access. The Commission shall require the incumbent | ||||||
4 | local exchange carrier to
provide
interconnection, | ||||||
5 | collocation, and network elements in any manner technically
| ||||||
6 | feasible to
the fullest extent possible to implement the | ||||||
7 | maximum development of competitive
telecommunications services | ||||||
8 | offerings. As used in this Section, to the extent
that
| ||||||
9 | interconnection, collocation, or network elements have been | ||||||
10 | deployed for or by
the
incumbent local exchange carrier or one | ||||||
11 | of its wireline local exchange
affiliates in any
jurisdiction, | ||||||
12 | it shall be presumed that such is technically feasible in
| ||||||
13 | Illinois.
| ||||||
14 | (b) Interconnection.
| ||||||
15 | (1) An incumbent local exchange carrier shall
provide | ||||||
16 | for
the facilities and equipment of any requesting | ||||||
17 | telecommunications carrier's
interconnection with the | ||||||
18 | incumbent local exchange carrier's network on just,
| ||||||
19 | reasonable,
and nondiscriminatory rates, terms, and | ||||||
20 | conditions:
| ||||||
21 | (A) for the transmission and routing of local | ||||||
22 | exchange, and exchange
access
telecommunications | ||||||
23 | services;
| ||||||
24 | (B) at any technically feasible point within the | ||||||
25 | incumbent local
exchange
carrier's
network; however, | ||||||
26 | the incumbent local exchange carrier may not require |
| |||||||
| |||||||
1 | the
requesting carrier to interconnect at more than one | ||||||
2 | technically feasible point
within a LATA; and
| ||||||
3 | (C) that is at least equal in quality and | ||||||
4 | functionality to that
provided
by
the
incumbent local | ||||||
5 | exchange carrier to itself or to any subsidiary, | ||||||
6 | affiliate, or
any other party
to which the incumbent | ||||||
7 | local exchange carrier provides interconnection.
| ||||||
8 | (2) An incumbent local exchange carrier shall make | ||||||
9 | available to any
requesting
telecommunications carrier, to | ||||||
10 | the extent technically feasible, those services,
| ||||||
11 | facilities, or
interconnection agreements or arrangements | ||||||
12 | that the incumbent local exchange
carrier or
any of its | ||||||
13 | incumbent local exchange subsidiaries or affiliates offers | ||||||
14 | in
another state under
the terms and conditions, but not | ||||||
15 | the stated rates, negotiated pursuant to
Section 252 of
the | ||||||
16 | federal Telecommunications Act of 1996. Rates shall be | ||||||
17 | established in
accordance
with the requirements of | ||||||
18 | subsection (g) of this Section. An incumbent local
exchange
| ||||||
19 | carrier shall
also make available to any requesting | ||||||
20 | telecommunications carrier, to the extent
technically | ||||||
21 | feasible, and subject to the unbundling provisions of | ||||||
22 | Section
251(d)(2) of the
federal Telecommunications Act of | ||||||
23 | 1996, those unbundled network element or
interconnection | ||||||
24 | agreements or arrangements that a local exchange carrier
| ||||||
25 | affiliate
of the
incumbent local exchange carrier obtains | ||||||
26 | in another state from the incumbent
local
exchange carrier |
| |||||||
| |||||||
1 | in that state, under the terms and conditions, but not the
| ||||||
2 | stated rates,
obtained through negotiation, or through an | ||||||
3 | arbitration initiated by the
affiliate, pursuant
to | ||||||
4 | Section 252 of the federal Telecommunications Act of 1996. | ||||||
5 | Rates shall be
established
in accordance with the | ||||||
6 | requirements of subsection (g) of this Section.
| ||||||
7 | (c) Collocation. An incumbent local exchange carrier shall | ||||||
8 | provide for
physical
or virtual collocation of any type of | ||||||
9 | equipment for interconnection or access
to network
elements at | ||||||
10 | the premises of the incumbent local exchange carrier on just,
| ||||||
11 | reasonable, and
nondiscriminatory rates, terms, and | ||||||
12 | conditions. The equipment shall include,
but is not
limited to, | ||||||
13 | optical transmission equipment, multiplexers, remote switching
| ||||||
14 | modules, and
cross-connects between the facilities or | ||||||
15 | equipment of other collocated
carriers. The
equipment shall | ||||||
16 | also include microwave transmission facilities on the exterior
| ||||||
17 | and interior of
the incumbent local exchange carrier's premises | ||||||
18 | used for interconnection to, or
for
access to network elements | ||||||
19 | of, the incumbent local exchange carrier or a
collocated
| ||||||
20 | carrier, unless the incumbent local exchange carrier | ||||||
21 | demonstrates to the
Commission that
it is not practical due to | ||||||
22 | technical reasons or space limitations. An
incumbent local
| ||||||
23 | exchange carrier shall allow, and provide for, the most | ||||||
24 | reasonably direct and
efficient
cross-connects, that are | ||||||
25 | consistent with safety and network reliability
standards, | ||||||
26 | between
the facilities of collocated carriers. An incumbent |
| |||||||
| |||||||
1 | local exchange carrier
shall also allow,
and provide for, cross | ||||||
2 | connects between a noncollocated telecommunications
carrier's
| ||||||
3 | network elements platform, or a noncollocated | ||||||
4 | telecommunications carrier's
transport
facilities, and the | ||||||
5 | facilities of any collocated carrier, consistent with
safety | ||||||
6 | and network
reliability standards.
| ||||||
7 | (d) Network elements. The incumbent local exchange carrier | ||||||
8 | shall provide to
any
requesting telecommunications carrier, | ||||||
9 | for the provision of an existing or a
new
telecommunications | ||||||
10 | service, nondiscriminatory access to network elements on any
| ||||||
11 | unbundled or bundled basis, as requested, at any technically | ||||||
12 | feasible point on just,
reasonable, and nondiscriminatory | ||||||
13 | rates, terms, and conditions.
| ||||||
14 | (1) An incumbent local exchange carrier shall provide | ||||||
15 | unbundled network
elements in a
manner that allows | ||||||
16 | requesting telecommunications carriers to combine those
| ||||||
17 | network
elements to provide a telecommunications service.
| ||||||
18 | (2) An incumbent local exchange carrier shall not | ||||||
19 | separate network
elements that are
currently combined, | ||||||
20 | except at the explicit direction of the requesting carrier.
| ||||||
21 | (3) Upon request, an incumbent local exchange carrier | ||||||
22 | shall combine any
sequence
of unbundled network elements | ||||||
23 | that it ordinarily combines for itself, including
but not
| ||||||
24 | limited to, unbundled network elements identified in The | ||||||
25 | Draft of the Proposed
Ameritech Illinois 271 Amendment | ||||||
26 | (I2A) found in Schedule SJA-4 attached to
Exhibit 3.1 filed |
| |||||||
| |||||||
1 | by Illinois Bell Telephone Company on or about March 28, | ||||||
2 | 2001
with the Illinois Commerce Commission under Illinois | ||||||
3 | Commerce Commission
Docket Number 00-0700. The Commission | ||||||
4 | shall determine those network
elements the incumbent local | ||||||
5 | exchange carrier ordinarily combines for itself if
there is | ||||||
6 | a dispute between the incumbent local exchange carrier and | ||||||
7 | the
requesting telecommunications carrier under this | ||||||
8 | subdivision of this Section of
this Act.
| ||||||
9 | The incumbent local exchange carrier shall be entitled | ||||||
10 | to recover from the
requesting telecommunications carrier | ||||||
11 | any just and reasonable special
construction costs | ||||||
12 | incurred in combining such unbundled network elements (i) | ||||||
13 | if
such costs are not already included in the established | ||||||
14 | price of providing the
network elements, (ii) if the | ||||||
15 | incumbent local exchange carrier charges such
costs
to its | ||||||
16 | retail telecommunications end users, and (iii) if fully | ||||||
17 | disclosed in
advance to
the requesting telecommunications | ||||||
18 | carrier. The Commission shall determine
whether the | ||||||
19 | incumbent
local exchange carrier is entitled to any special | ||||||
20 | construction costs if there
is a
dispute between the | ||||||
21 | incumbent local exchange carrier and the requesting
| ||||||
22 | telecommunications carrier
under this subdivision of this | ||||||
23 | Section of this Act.
| ||||||
24 | (4) A telecommunications carrier may use a network | ||||||
25 | elements platform
consisting solely
of combined network | ||||||
26 | elements of the incumbent local exchange carrier to provide
|
| |||||||
| |||||||
1 | end to
end telecommunications service for the provision of | ||||||
2 | existing and new local
exchange,
interexchange that | ||||||
3 | includes local, local toll, and intraLATA toll, and | ||||||
4 | exchange
access
telecommunications services within the | ||||||
5 | LATA to its end users or payphone
service providers without | ||||||
6 | the requesting
telecommunications carrier's provision or | ||||||
7 | use of any other facilities or
functionalities.
| ||||||
8 | (5) The Commission shall establish maximum time | ||||||
9 | periods for the incumbent
local
exchange carrier's | ||||||
10 | provision of network elements. The maximum time period
| ||||||
11 | shall be
no longer than the time period for the incumbent | ||||||
12 | local exchange carrier's
provision of
comparable retail | ||||||
13 | telecommunications services utilizing those network | ||||||
14 | elements.
The
Commission may establish a maximum time | ||||||
15 | period for a particular network element
that
is shorter | ||||||
16 | than for a comparable retail telecommunications service | ||||||
17 | offered by
the
incumbent local exchange carrier if a | ||||||
18 | requesting telecommunications carrier
establishes
that it | ||||||
19 | shall perform other functions or activities after receipt | ||||||
20 | of the
particular network
element to provide | ||||||
21 | telecommunications services to end users. The burden of
| ||||||
22 | proof for
establishing a maximum time period for a | ||||||
23 | particular network element that is
shorter than
for a | ||||||
24 | comparable retail telecommunications service offered by | ||||||
25 | the incumbent
local
exchange carrier shall be on the | ||||||
26 | requesting telecommunications carrier.
Notwithstanding
any |
| |||||||
| |||||||
1 | other provision of this Article, unless and until the | ||||||
2 | Commission
establishes by rule or order a different | ||||||
3 | specific maximum time interval, the
maximum time intervals | ||||||
4 | shall not exceed 5 business days for the provision of
| ||||||
5 | unbundled
loops,
both digital and analog, 10 business days | ||||||
6 | for the conditioning of unbundled
loops or for
existing | ||||||
7 | combinations of network elements for an end user that has | ||||||
8 | existing
local
exchange telecommunications service, and | ||||||
9 | one business day for the provision
of the high
frequency | ||||||
10 | portion of the loop (line-sharing) for at least 95% of the
| ||||||
11 | requests of each
requesting telecommunications carrier for | ||||||
12 | each month.
| ||||||
13 | In measuring the incumbent local exchange carrier's | ||||||
14 | actual performance, the
Commission
shall ensure that | ||||||
15 | occurrences beyond the control of the incumbent local
| ||||||
16 | exchange
carrier
that adversely affect the incumbent local | ||||||
17 | exchange carrier's performance are
excluded when | ||||||
18 | determining actual performance levels. Such occurrences | ||||||
19 | shall
be
determined by the Commission, but at a minimum | ||||||
20 | must include work stoppage or
other
labor actions and acts | ||||||
21 | of war. Exclusions shall also be made for
performance that
| ||||||
22 | is governed by agreements approved by the Commission and | ||||||
23 | containing timeframes
for
the same or similar measures or | ||||||
24 | for when a requesting telecommunications
carrier requests | ||||||
25 | a longer time interval.
| ||||||
26 | (6) When a telecommunications carrier requests a |
| |||||||
| |||||||
1 | network elements
platform
referred to in subdivision | ||||||
2 | (d)(4) of this Section, without the need for field
work | ||||||
3 | outside of
the central
office, for an end user that has | ||||||
4 | existing local exchange telecommunications
service
| ||||||
5 | provided by an incumbent local exchange carrier, or by | ||||||
6 | another
telecommunications
carrier through the incumbent | ||||||
7 | local exchange carrier's network elements
platform, unless
| ||||||
8 | otherwise agreed by the telecommunications carriers, the | ||||||
9 | incumbent local
exchange
carrier shall provide the | ||||||
10 | requesting telecommunications carrier with the
requested
| ||||||
11 | network elements platform within 3 business days for at | ||||||
12 | least 95% of the
requests for
each requesting | ||||||
13 | telecommunications carrier for each month. A requesting
| ||||||
14 | telecommunications carrier may order the network elements | ||||||
15 | platform as is for an
end user
that has such existing local | ||||||
16 | exchange service without changing any of the
features
| ||||||
17 | previously selected by the end user. The incumbent local | ||||||
18 | exchange carrier
shall provide
the requested network | ||||||
19 | elements platform without any disruption to the end
user's
| ||||||
20 | services.
| ||||||
21 | Absent a contrary agreement between the | ||||||
22 | telecommunications carriers entered
into
after the | ||||||
23 | effective date of this amendatory Act of the 92nd General | ||||||
24 | Assembly,
as
of
12:01
a.m. on the third business day after | ||||||
25 | placing the order for a network elements
platform,
the | ||||||
26 | requesting telecommunications carrier shall be the |
| |||||||
| |||||||
1 | presubscribed primary
local
exchange carrier for that end | ||||||
2 | user line and shall be entitled to receive, or to
direct | ||||||
3 | the
disposition of, all revenues for all services utilizing | ||||||
4 | the network elements in
the platform,
unless it is | ||||||
5 | established that the end user of the existing local | ||||||
6 | exchange
service did not
authorize the requesting | ||||||
7 | telecommunications carrier to make the request.
| ||||||
8 | (e) Operations support systems. The Commission shall | ||||||
9 | establish minimum
standards
with just, reasonable, and | ||||||
10 | nondiscriminatory rates, terms, and conditions for
the
| ||||||
11 | preordering, ordering, provisioning, maintenance and repair, | ||||||
12 | and billing
functions of the
incumbent local exchange carrier's | ||||||
13 | operations support systems provided to other
| ||||||
14 | telecommunications carriers.
| ||||||
15 | (f) Resale. An incumbent local exchange carrier shall offer | ||||||
16 | all retail
telecommunications services, that the incumbent | ||||||
17 | local exchange carrier provides
at retail
to subscribers who | ||||||
18 | are not telecommunications carriers, within the LATA,
together | ||||||
19 | with
each applicable optional feature or functionality, | ||||||
20 | subject to resale at
wholesale rates
without imposing any | ||||||
21 | unreasonable or discriminatory conditions or limitations.
| ||||||
22 | Wholesale rates shall be based on the retail rates charged to | ||||||
23 | end users for the
telecommunications service requested, | ||||||
24 | excluding the portion thereof
attributable to any
marketing, | ||||||
25 | billing, collection, and other costs avoided by the local | ||||||
26 | exchange
carrier.
The Commission may determine under Article IX |
| |||||||
| |||||||
1 | of this Act that certain
noncompetitive services, together with | ||||||
2 | each applicable optional feature or
functionality, that are | ||||||
3 | offered to residence customers under different rates,
charges, | ||||||
4 | terms, or conditions than to other customers should not be | ||||||
5 | subject to
resale under the rates, charges, terms, or | ||||||
6 | conditions available only to
residence customers.
| ||||||
7 | (g) Cost based rates. Interconnection, collocation, | ||||||
8 | network elements, and
operations
support systems shall be | ||||||
9 | provided by the incumbent local exchange carrier to
requesting
| ||||||
10 | telecommunications carriers at cost based rates. The immediate | ||||||
11 | implementation
and
provisioning of interconnection, | ||||||
12 | collocation, network elements, and operations
support
systems | ||||||
13 | shall not be delayed due to any lack of determination by the | ||||||
14 | Commission
as to
the cost based rates. When cost based rates | ||||||
15 | have not been established, within
30 days after
the filing of a | ||||||
16 | petition for the setting of interim rates, or after the
| ||||||
17 | Commission's own
motion, the Commission shall provide for | ||||||
18 | interim rates that shall remain in
full force and
effect until | ||||||
19 | the cost based rate determination is made, or the interim rate | ||||||
20 | is
modified, by
the Commission.
| ||||||
21 | (h) Rural exemption. This Section does not apply to certain | ||||||
22 | rural telephone
companies as
described in 47 U.S.C. 251(f).
| ||||||
23 | (i) Schedule of rates. A telecommunications carrier may | ||||||
24 | request the
incumbent
local exchange carrier to provide a | ||||||
25 | schedule of rates listing each of the rate
elements of
the | ||||||
26 | incumbent local exchange carrier that pertains to a proposed |
| |||||||
| |||||||
1 | order
identified by the
requesting telecommunications carrier | ||||||
2 | for any of the matters covered in this
Section. The
incumbent | ||||||
3 | local exchange carrier shall deliver the requested schedule of | ||||||
4 | rates
to the
requesting telecommunications carrier within 2 | ||||||
5 | business days for 95% of the
requests for each requesting | ||||||
6 | carrier
| ||||||
7 | (j) Special access circuits. Other than as provided in | ||||||
8 | subdivision
(d)(4) of this Section
for the network elements | ||||||
9 | platform described in that subdivision, nothing in
this | ||||||
10 | amendatory Act of the 92nd General Assembly is intended to | ||||||
11 | require or
prohibit the substitution of switched or special | ||||||
12 | access services by or with a
combination of network elements | ||||||
13 | nor address the Illinois Commerce Commission's
jurisdiction or | ||||||
14 | authority in this area.
| ||||||
15 | (k) The Commission shall determine any matters in dispute | ||||||
16 | between the
incumbent local exchange carrier and the requesting | ||||||
17 | carrier pursuant to Section
13-515 of this Act.
| ||||||
18 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
19 | (220 ILCS 5/13-802.1) | ||||||
20 | Sec. 13-802.1. Depreciation; examination and audit; | ||||||
21 | agreement conditions; federal Telecommunications Act of 1996. | ||||||
22 | (a) In performing any cost analysis authorized pursuant to | ||||||
23 | this Act, the Commission may ascertain and determine and by | ||||||
24 | order fix the proper and adequate rate of depreciation of the | ||||||
25 | property for a telecommunications carrier for the purpose of |
| |||||||
| |||||||
1 | such cost analysis. | ||||||
2 | (b) The Commission may provide for the examination and | ||||||
3 | audit of all accounts. Items subject to the Commission's | ||||||
4 | regulatory requirements shall be so allocated in the manner | ||||||
5 | prescribed by the Commission. The officers and employees of the | ||||||
6 | Commission shall have the authority under the direction of the | ||||||
7 | Commission to inspect and examine any and all books, accounts, | ||||||
8 | papers, records, and memoranda kept by the telecommunications | ||||||
9 | carrier. | ||||||
10 | (c) The Commission is authorized to adopt rules and | ||||||
11 | regulations concerning the conditions to be contained in and | ||||||
12 | become a part of contracts for noncompetitive | ||||||
13 | telecommunications services in a manner consistent with this | ||||||
14 | Act and federal law. | ||||||
15 | (d) The Commission shall have the authority to, and shall | ||||||
16 | engage in, all state regulatory actions needed to implement and | ||||||
17 | enforce the federal Telecommunications Act of 1996 consistent | ||||||
18 | with federal law, including, but not limited to, the | ||||||
19 | negotiation, arbitration, implementation, resolution of | ||||||
20 | disputes and enforcement of interconnection agreements arising | ||||||
21 | under Sections 251 and 252 of the federal Telecommunications | ||||||
22 | Act of 1996.
| ||||||
23 | (Source: P.A. 98-45, eff. 6-28-13 .) | ||||||
24 | (220 ILCS 5/13-804) | ||||||
25 | Sec. 13-804. Broadband investment. Increased investment |
| |||||||
| |||||||
1 | into broadband infrastructure is critical to the economic | ||||||
2 | development of this State and a key component to the retention | ||||||
3 | of existing jobs and the creation of new jobs. The removal of | ||||||
4 | regulatory uncertainty will attract greater private-sector | ||||||
5 | investment in broadband infrastructure. Notwithstanding other | ||||||
6 | provisions of this Article: | ||||||
7 | (A) the Commission shall have the authority to certify | ||||||
8 | providers of wireless services, including, but not limited | ||||||
9 | to, private radio service, public mobile service, or | ||||||
10 | commercial mobile service, as those terms are defined in 47 | ||||||
11 | U.S.C. 332 on the effective date of this amendatory Act of | ||||||
12 | the 96th General Assembly or as amended thereafter, to | ||||||
13 | provide telecommunications services in Illinois; | ||||||
14 | (B) the Commission shall have the authority to certify | ||||||
15 | providers of wireless services, including, but not limited | ||||||
16 | to, private radio service, public mobile service, or | ||||||
17 | commercial mobile service, as those terms are defined in 47 | ||||||
18 | U.S.C. 332 on the effective date of this amendatory Act of | ||||||
19 | the 96th General Assembly or as amended thereafter, as | ||||||
20 | eligible telecommunications carriers in Illinois, as that | ||||||
21 | term has the meaning prescribed in 47 U.S.C. 214 on the | ||||||
22 | effective date of this amendatory Act of the 96th General | ||||||
23 | Assembly or as amended thereafter; | ||||||
24 | (C) the Commission shall have the authority to register | ||||||
25 | providers of fixed or non-nomadic Interconnected VoIP | ||||||
26 | service as Interconnected VoIP service providers in |
| |||||||
| |||||||
1 | Illinois in accordance with Section 401.1 of this Article; | ||||||
2 | (D) the Commission shall have the authority to require | ||||||
3 | providers of Interconnected VoIP service to participate in | ||||||
4 | hearing and speech disability programs; and | ||||||
5 | (E) the Commission shall have the authority to access | ||||||
6 | information provided to the non-profit organization under | ||||||
7 | Section 20 of the High Speed Internet Services and | ||||||
8 | Information Technology Act, provided the Commission enters | ||||||
9 | into a proprietary and confidentiality agreement governing | ||||||
10 | such information. | ||||||
11 | Except to the extent expressly permitted by and consistent | ||||||
12 | with federal law, the regulations of the Federal Communications | ||||||
13 | Commission, this Article, Article XXI or XXII of this Act, or | ||||||
14 | this amendatory Act of the 96th General Assembly, the | ||||||
15 | Commission shall not regulate the rates, terms, conditions, | ||||||
16 | quality of service, availability, classification, or any other | ||||||
17 | aspect of service regarding (i) broadband services, (ii) | ||||||
18 | Interconnected VoIP services, (iii) information services, as | ||||||
19 | defined in 47 U.S.C. 153(20) on the effective date of this | ||||||
20 | amendatory Act of the 96th General Assembly or as amended | ||||||
21 | thereafter, or (iv) wireless services, including, but not | ||||||
22 | limited to, private radio service, public mobile service, or | ||||||
23 | commercial mobile service, as those terms are defined in 47 | ||||||
24 | U.S.C. 332 on the effective date of this amendatory Act of the | ||||||
25 | 96th General Assembly or as amended thereafter.
| ||||||
26 | (Source: P.A. 96-927, eff. 6-15-10 .) |
| |||||||
| |||||||
1 | (220 ILCS 5/13-900) | ||||||
2 | Sec. 13-900. Authority to serve as 9-1-1 system provider; | ||||||
3 | rules. | ||||||
4 | (a) The General Assembly finds that it is necessary to | ||||||
5 | require the certification of 9-1-1 system providers to ensure | ||||||
6 | the safety of the lives and property of Illinoisans and | ||||||
7 | Illinois businesses, and to otherwise protect and promote the | ||||||
8 | public safety, health, and welfare of the citizens of this | ||||||
9 | State and their property. | ||||||
10 | (b) For purposes of this Section: | ||||||
11 | "9-1-1 system" has the same meaning as that term is | ||||||
12 | defined in Section 2.19 of the Emergency Telephone System | ||||||
13 | Act. | ||||||
14 | "9-1-1 system provider" means any person, corporation, | ||||||
15 | limited liability company, partnership, sole | ||||||
16 | proprietorship, or entity of any description whatever that | ||||||
17 | acts as a system provider within the meaning of Section | ||||||
18 | 2.18 of the Emergency Telephone System Act. | ||||||
19 | "Emergency Telephone System Board" has the same | ||||||
20 | meaning as that term is defined in Sections 2.11 and 15.4 | ||||||
21 | of the Emergency Telephone System Act. | ||||||
22 | "Public safety agency personnel" means personnel | ||||||
23 | employed by a public safety agency, as that term is defined | ||||||
24 | in Section 2.02 of the Emergency Telephone System Act, | ||||||
25 | whose responsibilities include responding to requests for |
| |||||||
| |||||||
1 | emergency services. | ||||||
2 | (c) Except as otherwise provided in this Section, beginning | ||||||
3 | July 1, 2010, it is unlawful for any 9-1-1 system provider to | ||||||
4 | offer or provide or seek to offer or provide to any emergency | ||||||
5 | telephone system board or 9-1-1 system, or agent, | ||||||
6 | representative, or designee thereof, any network and database | ||||||
7 | service used or intended to be used by any emergency telephone | ||||||
8 | system board or 9-1-1 system for the purpose of answering, | ||||||
9 | transferring, or relaying requests for emergency services, or | ||||||
10 | dispatching public safety agency personnel in response to | ||||||
11 | requests for emergency services, unless the 9-1-1 system | ||||||
12 | provider has applied for and received a Certificate of 9-1-1 | ||||||
13 | System Provider Authority from the Commission. The Commission | ||||||
14 | shall approve an application for a Certificate of 9-1-1 System | ||||||
15 | Provider Authority upon a showing by the applicant, and a | ||||||
16 | finding by the Commission, after notice and hearing, that the | ||||||
17 | applicant possesses sufficient technical, financial, and | ||||||
18 | managerial resources and abilities to provide network service | ||||||
19 | and database services that it seeks authority to provide in its | ||||||
20 | application for service authority, in a safe, continuous, and | ||||||
21 | uninterrupted manner. | ||||||
22 | (d) No incumbent local exchange carrier that provides, as | ||||||
23 | of the effective date of this amendatory Act of the 96th | ||||||
24 | General Assembly, any 9-1-1 network and 9-1-1 database service | ||||||
25 | used or intended to be used by any Emergency Telephone System | ||||||
26 | Board or 9-1-1 system, shall be required to obtain a |
| |||||||
| |||||||
1 | Certificate of 9-1-1 System Provider Authority under this | ||||||
2 | Section. No entity that possesses, as of the effective date of | ||||||
3 | this amendatory Act of the 96th General Assembly, a Certificate | ||||||
4 | of Service Authority and provides 9-1-1 network and 9-1-1 | ||||||
5 | database services to any incumbent local exchange carrier as of | ||||||
6 | the effective date of this amendatory Act of the 96th General | ||||||
7 | Assembly shall be required to obtain a Certificate of 9-1-1 | ||||||
8 | System Provider Authority under this Section. | ||||||
9 | (e) Any and all enforcement authority granted to the | ||||||
10 | Commission under this Section shall apply exclusively to 9-1-1 | ||||||
11 | system providers granted a Certificate of Service Authority | ||||||
12 | under this Section and shall not apply to incumbent local | ||||||
13 | exchange carriers that are providing 9-1-1 service as of the | ||||||
14 | effective date of this amendatory Act of the 96th General | ||||||
15 | Assembly.
| ||||||
16 | (Source: P.A. 96-25, eff. 6-30-09 .) | ||||||
17 | (220 ILCS 5/13-900.1) | ||||||
18 | Sec. 13-900.1. Authority over 9-1-1 rates and terms of | ||||||
19 | service. Notwithstanding any other provision of this Article, | ||||||
20 | the Commission retains its full authority over the rates and | ||||||
21 | service quality as they apply to 9-1-1 system providers, | ||||||
22 | including the Commission's existing authority over | ||||||
23 | interconnection with 9-1-1 system providers and 9-1-1 systems. | ||||||
24 | The rates, terms, and conditions for 9-1-1 service shall be | ||||||
25 | tariffed and shall be provided in the manner prescribed by this |
| |||||||
| |||||||
1 | Act and shall be subject to the applicable laws, including | ||||||
2 | rules or regulations adopted and orders issued by the | ||||||
3 | Commission or the Federal Communications Commission. The | ||||||
4 | Commission retains this full authority regardless of the | ||||||
5 | technologies utilized or deployed by 9-1-1 system providers.
| ||||||
6 | (Source: P.A. 96-927, eff. 6-15-10; 97-333, eff. 8-12-11 .) | ||||||
7 | (220 ILCS 5/13-900.2) | ||||||
8 | Sec. 13-900.2. Access services. | ||||||
9 | (a) This Section shall apply to switched access rates | ||||||
10 | charged by all carriers other than Electing Providers whose | ||||||
11 | switched access rates are governed by subsection (g) of Section | ||||||
12 | 13-506.2 of this Act. | ||||||
13 | (b) Except as otherwise provided in subsection (c) of this | ||||||
14 | Section, the rates of any telecommunications carrier, | ||||||
15 | including, but not limited to, competitive local exchange | ||||||
16 | carriers, providing intrastate switched access service shall | ||||||
17 | be reduced to rates no higher than the carrier's rates for | ||||||
18 | interstate switched access service as follows: | ||||||
19 | (1) by January 1, 2011, each telecommunications | ||||||
20 | carrier must reduce its intrastate switched access rates by | ||||||
21 | an amount equal to 50% of the difference between its then | ||||||
22 | current intrastate switched access rates and its then | ||||||
23 | current interstate switched access rates; | ||||||
24 | (2) by January 1, 2012, each telecommunications | ||||||
25 | carrier must further reduce its intrastate switched access |
| |||||||
| |||||||
1 | rates by an amount equal to 50% of the difference between | ||||||
2 | its then current intrastate switched access rates and its | ||||||
3 | then current interstate switched access rates; | ||||||
4 | (3) by July 1, 2012, each telecommunications carrier | ||||||
5 | must reduce its intrastate switched access rates to mirror | ||||||
6 | its then current interstate switched access rates and rate | ||||||
7 | structure. | ||||||
8 | Following 24 months after the effective date of this | ||||||
9 | amendatory Act of the 96th General Assembly, each | ||||||
10 | telecommunications carrier must continue to set its intrastate | ||||||
11 | switched access rates to mirror its interstate switched access | ||||||
12 | rates and rate structure. For purposes of this Section, the | ||||||
13 | rate for intrastate switched access service means the | ||||||
14 | composite, per-minute rate for that service, including all | ||||||
15 | applicable fixed and traffic-sensitive charges, including, but | ||||||
16 | not limited to, carrier common line charges. | ||||||
17 | (c) Subsection (b) of this Section shall not apply to | ||||||
18 | incumbent local exchange carriers serving 35,000 or fewer | ||||||
19 | access lines. | ||||||
20 | (d) Nothing in subsection (b) of this Section prohibits a | ||||||
21 | telecommunications carrier from electing to offer intrastate | ||||||
22 | switched access service at rates lower than its interstate | ||||||
23 | rates. | ||||||
24 | (e) The Commission shall have no authority to order a | ||||||
25 | telecommunications carrier to set its rates for intrastate | ||||||
26 | switched access at a level lower than its interstate switched |
| |||||||
| |||||||
1 | access rates.
| ||||||
2 | (Source: P.A. 96-927, eff. 6-15-10 .)
| ||||||
3 | (220 ILCS 5/13-900.3)
| ||||||
4 | Sec. 13-900.3. Regulatory flexibility for 9-1-1 system | ||||||
5 | providers. | ||||||
6 | (a) For purposes of this Section, "Regional Pilot Project" | ||||||
7 | to implement next generation 9-1-1 has the same meaning as that | ||||||
8 | term is defined in Section 2.22 of the Emergency Telephone | ||||||
9 | System Act. | ||||||
10 | (b)
For the limited purpose of a Regional Pilot Project to | ||||||
11 | implement next generation 9-1-1, as defined in Section 13-900 | ||||||
12 | of this Article, the Commission may forbear from applying any | ||||||
13 | rule or provision of Section 13-900 as it applies to | ||||||
14 | implementation of the Regional Pilot Project to implement next | ||||||
15 | generation 9-1-1 if the Commission determines, after notice and | ||||||
16 | hearing, that:
(1) enforcement of the rule is not necessary to | ||||||
17 | ensure the development and improvement of emergency | ||||||
18 | communication procedures and facilities in such a manner as to | ||||||
19 | be able to quickly respond to any person requesting 9-1-1 | ||||||
20 | services from police, fire, medical, rescue, and other | ||||||
21 | emergency services;
(2) enforcement of the rule or provision is | ||||||
22 | not necessary for the protection of consumers; and
(3) | ||||||
23 | forbearance from applying such provisions or rules is | ||||||
24 | consistent with the public interest.
The Commission may | ||||||
25 | exercise such forbearance with respect to one, and only one, |
| |||||||
| |||||||
1 | Regional Pilot Project as authorized by Sections 10 and 11 of | ||||||
2 | the Emergency Telephone Systems Act to implement next | ||||||
3 | generation 9-1-1.
| ||||||
4 | (Source: P.A. 96-1443, eff. 8-20-10; 97-333, eff. 8-12-11 .)
| ||||||
5 | (220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
| ||||||
6 | Sec. 13-901. Operator Service Provider.
| ||||||
7 | (a) For the purposes of this Section:
| ||||||
8 | (1) "Operator service provider" means every | ||||||
9 | telecommunications
carrier that provides operator services | ||||||
10 | or any other person or entity that the
Commission | ||||||
11 | determines is providing operator services.
| ||||||
12 | (2) "Aggregator" means any person or entity that is not | ||||||
13 | an operator
service provider and that in the ordinary | ||||||
14 | course of its operations
makes telephones available to the | ||||||
15 | public or to transient users of its
premises including, but | ||||||
16 | not limited to, a hotel, motel, hospital, or
university for | ||||||
17 | telephone calls between points within this State that are
| ||||||
18 | specified by the user using an operator service provider.
| ||||||
19 | (3) "Operator services" means any telecommunications | ||||||
20 | service that
includes, as a component, any automatic or | ||||||
21 | live assistance to a consumer to
arrange for billing or | ||||||
22 | completion, or both, of a telephone call between points
| ||||||
23 | within this State that are specified by the user through a | ||||||
24 | method other than:
| ||||||
25 | (A) automatic completion with billing to the |
| |||||||
| |||||||
1 | telephone from which the
call originated;
| ||||||
2 | (B) completion through an access code or a | ||||||
3 | proprietory account number
used by the consumer, with | ||||||
4 | billing to an account previously established with
the | ||||||
5 | carrier by the consumer; or
| ||||||
6 | (C) completion in association with directory | ||||||
7 | assistance services.
| ||||||
8 | (b) The Commission shall, by rule or order, adopt and | ||||||
9 | enforce
operating requirements for the provision of | ||||||
10 | operator-assisted services.
The rules shall apply to operator | ||||||
11 | service providers and to aggregators. The
rules shall be | ||||||
12 | compatible with the rules adopted by the Federal Communications
| ||||||
13 | Commission under the federal Telephone Operator Consumer | ||||||
14 | Services Improvement
Act of 1990. These requirements shall | ||||||
15 | address, but not necessarily be limited
to, the following:
| ||||||
16 | (1) oral and written notification of the identity of | ||||||
17 | the operator
service provider and the availability of | ||||||
18 | information regarding operator
service provider rates, | ||||||
19 | collection methods, and complaint resolution methods;
| ||||||
20 | (2) restrictions on billing and charges for operator | ||||||
21 | services;
| ||||||
22 | (3) restrictions on "call splashing" as that term is | ||||||
23 | defined in 47
C.F.R. Section 64.708;
| ||||||
24 | (4) access to other telecommunications carriers by the | ||||||
25 | use of access
codes including, but not limited to 800, 888, | ||||||
26 | 950,
and 10XXX numbers;
|
| |||||||
| |||||||
1 | (5) the appropriate routing and handling of emergency | ||||||
2 | calls;
| ||||||
3 | (6) the enforcement of these rules through
tariffs for | ||||||
4 | operator services and by a requirement that operator | ||||||
5 | service
providers withhold payment of compensation to | ||||||
6 | aggregators that have been found
to be noncomplying by the | ||||||
7 | Commission.
| ||||||
8 | (c) The Commission shall adopt any rule necessary to make | ||||||
9 | rules previously
adopted under this Section compatible with the | ||||||
10 | rules of the Federal
Communications Commission no later than | ||||||
11 | one year after the effective date of
this amendatory Act of | ||||||
12 | 1993.
| ||||||
13 | (d) A violation of any rule adopted by the Commission under | ||||||
14 | subsection (b)
is a business offense subject to a fine of not | ||||||
15 | less than $1,000 nor more than
$5,000. In addition, the | ||||||
16 | Commission may, after notice and hearing, order any
| ||||||
17 | telecommunications carrier to terminate service to any | ||||||
18 | aggregator found to have
violated any rule.
| ||||||
19 | (Source: P.A. 90-38, eff. 6-27-97; 91-49, eff. 6-30-99 .)
| ||||||
20 | (220 ILCS 5/13-902)
| ||||||
21 | Sec. 13-902.
Authorization and verification of a | ||||||
22 | subscriber's change in
telecommunications
carrier.
| ||||||
23 | (a) Definitions; scope.
| ||||||
24 | (1) "Submitting carrier" means any telecommunications
| ||||||
25 | carrier that
requests on behalf of a subscriber that the |
| |||||||
| |||||||
1 | subscriber's telecommunications
carrier be
changed and | ||||||
2 | seeks to provide retail services to the end user | ||||||
3 | subscriber.
| ||||||
4 | (2) "Executing carrier" means any telecommunications | ||||||
5 | carrier
that
effects a request that a subscriber's | ||||||
6 | telecommunications carrier be changed.
| ||||||
7 | (3) "Authorized carrier" means any telecommunications
| ||||||
8 | carrier that
submits a change, on behalf of a subscriber, | ||||||
9 | in the subscriber's selection of a
provider of
| ||||||
10 | telecommunications service with the subscriber's | ||||||
11 | authorization verified in
accordance
with the procedures | ||||||
12 | specified in this Section.
| ||||||
13 | (4) "Unauthorized carrier" means any | ||||||
14 | telecommunications
carrier
that submits a change, on | ||||||
15 | behalf of a subscriber, in the subscriber's selection
of a
| ||||||
16 | provider of telecommunications service but fails to obtain | ||||||
17 | the subscriber's
authorization
verified in accordance with | ||||||
18 | the procedures specified in this Section.
| ||||||
19 | (5) "Unauthorized change" means a change in a | ||||||
20 | subscriber's selection
of a
provider of telecommunications | ||||||
21 | service that was made without authorization
verified in
| ||||||
22 | accordance with the verification procedures specified in | ||||||
23 | this Section.
| ||||||
24 | (6) "Subscriber" means:
| ||||||
25 | (A) the party identified in the account records of | ||||||
26 | a common carrier as
responsible for payment of the |
| |||||||
| |||||||
1 | telephone bill;
| ||||||
2 | (B) any adult person authorized by such party to | ||||||
3 | change
telecommunications services or to charge | ||||||
4 | services to the account; or
| ||||||
5 | (C) any person contractually or otherwise lawfully | ||||||
6 | authorized to
represent such party.
| ||||||
7 | This Section does not apply to retail business subscribers | ||||||
8 | served by
more than 20 lines.
| ||||||
9 | (b) Authorization from the subscriber. "Authorization" | ||||||
10 | means an express,
affirmative
act by a subscriber agreeing to | ||||||
11 | the change in the subscriber's
telecommunications carrier to
| ||||||
12 | another carrier. A subscriber's telecommunications service | ||||||
13 | shall be provided
by the
telecommunications carrier selected by | ||||||
14 | the subscriber.
| ||||||
15 | (c) Authorization and verification of orders for | ||||||
16 | telecommunications service.
| ||||||
17 | (1) No telecommunications carrier shall submit or | ||||||
18 | execute a change on
behalf
of a subscriber in the | ||||||
19 | subscriber's selection of a provider of
telecommunications | ||||||
20 | service
except in accordance with the procedures | ||||||
21 | prescribed in this subsection.
| ||||||
22 | (2) No submitting carrier shall submit a change on the | ||||||
23 | behalf of a
subscriber in
the subscriber's selection of a | ||||||
24 | provider of telecommunications service prior
to obtaining:
| ||||||
25 | (A) authorization from the subscriber; and
| ||||||
26 | (B) verification of that authorization in |
| |||||||
| |||||||
1 | accordance with the procedures
prescribed in this | ||||||
2 | Section.
| ||||||
3 | The submitting carrier shall maintain and preserve
records | ||||||
4 | of verification of subscriber authorization for a minimum | ||||||
5 | period of 2
years after obtaining such verification.
| ||||||
6 | (3) An executing carrier shall not verify the | ||||||
7 | submission of a change in a
subscriber's selection of a | ||||||
8 | provider of telecommunications service received
from a
| ||||||
9 | submitting carrier. For an executing carrier, compliance | ||||||
10 | with the procedures
described in
this Section shall be | ||||||
11 | defined as prompt execution, without any unreasonable
| ||||||
12 | delay, of
changes that have been verified by a submitting | ||||||
13 | carrier.
| ||||||
14 | (4) Commercial mobile radio services (CMRS) providers | ||||||
15 | shall be excluded
from
the verification requirements of | ||||||
16 | this Section as long as they are not required
to provide | ||||||
17 | equal
access to common carriers for the provision of | ||||||
18 | telephone toll services, in
accordance
with 47 U.S.C. | ||||||
19 | 332(c)(8).
| ||||||
20 | (5) Where a telecommunications carrier is selling more | ||||||
21 | than one type of
telecommunications service (e.g., local | ||||||
22 | exchange, intraLATA/intrastate toll,
interLATA/interstate | ||||||
23 | toll, and international toll), that carrier must obtain
| ||||||
24 | separate
authorization from the subscriber for each | ||||||
25 | service sold, although the
authorizations may
be made | ||||||
26 | within the same solicitation. Each authorization must be |
| |||||||
| |||||||
1 | verified
separately
from any other authorizations obtained | ||||||
2 | in the same solicitation. Each
authorization must
be | ||||||
3 | verified in accordance with the verification procedures | ||||||
4 | prescribed in this
Section.
| ||||||
5 | (6) No telecommunications carrier shall submit a | ||||||
6 | preferred carrier change
order
unless and until the order | ||||||
7 | has been confirmed in accordance with one of the
following
| ||||||
8 | procedures:
| ||||||
9 | (A) The telecommunications carrier has obtained | ||||||
10 | the subscriber's written
or electronically signed | ||||||
11 | authorization in a form that meets the requirements of
| ||||||
12 | subsection (d).
| ||||||
13 | (B) The telecommunications carrier has obtained | ||||||
14 | the subscriber's
electronic authorization to submit | ||||||
15 | the preferred carrier change order. Such
authorization | ||||||
16 | must be placed from the telephone number or numbers on | ||||||
17 | which the
preferred carrier is to be changed and must | ||||||
18 | confirm the information in
subsections (b) and (c) of | ||||||
19 | this Section. Telecommunications carriers electing
to
| ||||||
20 | confirm sales electronically shall establish one or | ||||||
21 | more toll-free telephone
numbers exclusively for that | ||||||
22 | purpose. Calls to the toll-free telephone
numbers must | ||||||
23 | connect a
subscriber to a voice response unit, or | ||||||
24 | similar mechanism, that records the
required | ||||||
25 | information regarding the preferred carrier change, | ||||||
26 | including
automatically recording the originating |
| |||||||
| |||||||
1 | automatic number identification.
| ||||||
2 | (C) An appropriately qualified independent third | ||||||
3 | party has obtained, in
accordance with the procedures | ||||||
4 | set forth in paragraphs (7) through (10) of this
| ||||||
5 | subsection, the subscriber's oral authorization to | ||||||
6 | submit the preferred carrier
change order that | ||||||
7 | confirms and includes appropriate verification data. | ||||||
8 | The
independent third party must not be owned, managed, | ||||||
9 | controlled, or directed by
the carrier or the carrier's | ||||||
10 | marketing agent; must not have any financial
incentive
| ||||||
11 | to confirm preferred carrier change orders for the | ||||||
12 | carrier or the carrier's
marketing agent; and must | ||||||
13 | operate in a location physically separate from the
| ||||||
14 | carrier or the carrier's marketing agent.
| ||||||
15 | (7) Methods of third party verification. Automated | ||||||
16 | third party
verification
systems and three-way conference | ||||||
17 | calls may be used for verification purposes so
long as
the | ||||||
18 | requirements of paragraphs (8) through (10) of this | ||||||
19 | subsection
are satisfied.
| ||||||
20 | (8) Carrier initiation of third party verification. A | ||||||
21 | carrier or a
carrier's sales
representative initiating a | ||||||
22 | three-way conference call or a call through an
automated
| ||||||
23 | verification system must drop off the call once the | ||||||
24 | three-way connection has
been
established.
| ||||||
25 | (9) Requirements for content and format of third party | ||||||
26 | verification. All
third
party verification methods shall |
| |||||||
| |||||||
1 | elicit, at a minimum, the identity of the
subscriber;
| ||||||
2 | confirmation that the person on the call is authorized to | ||||||
3 | make the carrier
change;
confirmation that the person on | ||||||
4 | the call wants to make the carrier change; the
names of
the | ||||||
5 | carriers affected by the change; the telephone numbers to | ||||||
6 | be switched; and
the types
of service involved. Third party | ||||||
7 | verifiers may not market the carrier's
services by
| ||||||
8 | providing additional information, including information | ||||||
9 | regarding preferred
carrier
freeze procedures.
| ||||||
10 | (10) Other requirements for third party verification. | ||||||
11 | All third party
verifications
shall be conducted in the | ||||||
12 | same language that was used in the underlying sales
| ||||||
13 | transaction
and shall be recorded in their entirety. In | ||||||
14 | accordance with the procedures set
forth in
paragraph | ||||||
15 | (2)(B) of this subsection, submitting carriers shall | ||||||
16 | maintain and
preserve
audio records of verification of | ||||||
17 | subscriber authorization for a minimum period
of 2
years | ||||||
18 | after obtaining such verification. Automated systems must | ||||||
19 | provide
consumers with
an option to speak with a live | ||||||
20 | person at any time during the call.
| ||||||
21 | (11) Telecommunications carriers must provide | ||||||
22 | subscribers the option of
using
one of the authorization | ||||||
23 | and verification procedures specified in paragraph (6)
of | ||||||
24 | this
subsection in addition to an electronically signed | ||||||
25 | authorization and
verification
procedure under paragraph | ||||||
26 | (6)(A) of this subsection.
|
| |||||||
| |||||||
1 | (d) Letter of agency form and content.
| ||||||
2 | (1) A telecommunications carrier may use a written or | ||||||
3 | electronically
signed letter
of agency to obtain | ||||||
4 | authorization or verification, or both, of a subscriber's
| ||||||
5 | request
to change
his or her preferred carrier selection. A | ||||||
6 | letter of agency that does not
conform with this
Section is | ||||||
7 | invalid for purposes of this Section.
| ||||||
8 | (2) The letter of agency shall be a separate document | ||||||
9 | (or an easily
separable
document) or located on a separate | ||||||
10 | screen or webpage containing only the
authorizing
language | ||||||
11 | described in paragraph (5) of this subsection having the | ||||||
12 | sole purpose
of
authorizing a telecommunications carrier | ||||||
13 | to initiate a preferred carrier
change. The letter
of | ||||||
14 | agency must be signed and dated by the subscriber to the | ||||||
15 | telephone line or
lines
requesting
the preferred carrier | ||||||
16 | change.
| ||||||
17 | (3) The letter of agency shall not be combined on the | ||||||
18 | same document,
screen, or
webpage with inducements of any | ||||||
19 | kind.
| ||||||
20 | (4) Notwithstanding paragraphs (2) and (3) of this | ||||||
21 | subsection, the letter
of agency
may be combined with | ||||||
22 | checks that contain only the required letter of agency
| ||||||
23 | language as
prescribed in paragraph (5) of this subsection | ||||||
24 | and the necessary information to
make the
check a | ||||||
25 | negotiable instrument. The letter of agency check shall not | ||||||
26 | contain any
promotional language or material. The letter of |
| |||||||
| |||||||
1 | agency check shall contain in
easily
readable, bold-face | ||||||
2 | type on the front of the check, a notice that the
| ||||||
3 | subscriber is
authorizing a preferred carrier change by | ||||||
4 | signing the check. The letter of
agency
language shall be | ||||||
5 | placed near the signature line on the back of the check.
| ||||||
6 | (5) At a minimum, the letter of agency must be printed | ||||||
7 | with a type of
sufficient
size and readability to be | ||||||
8 | clearly legible and must contain clear and
unambiguous
| ||||||
9 | language that confirms:
| ||||||
10 | (A) The subscriber's billing name and address and | ||||||
11 | each telephone number
to be covered by the preferred | ||||||
12 | carrier change order;
| ||||||
13 | (B) The decision to change the preferred carrier | ||||||
14 | from the current
telecommunications carrier to the | ||||||
15 | soliciting telecommunications carrier;
| ||||||
16 | (C) That the subscriber designates (insert the | ||||||
17 | name of the submitting
carrier) to act as the | ||||||
18 | subscriber's agent for the preferred carrier change;
| ||||||
19 | (D) That the subscriber understands that only one | ||||||
20 | telecommunications
carrier may be designated as the | ||||||
21 | subscriber's interstate or interLATA preferred
| ||||||
22 | interexchange carrier for any one telephone number. To | ||||||
23 | the extent that a
jurisdiction allows the selection of | ||||||
24 | additional preferred carriers (e.g., local
exchange, | ||||||
25 | intraLATA/intrastate toll, interLATA/interstate toll, | ||||||
26 | or
international
interexchange) the letter of agency |
| |||||||
| |||||||
1 | must contain separate statements regarding
those | ||||||
2 | choices, although a separate letter of agency for each | ||||||
3 | choice is not
necessary; and
| ||||||
4 | (E) That the subscriber may consult with the | ||||||
5 | carrier as to whether a fee
will apply to the change in | ||||||
6 | the subscriber's preferred carrier.
| ||||||
7 | (6) Any carrier designated in a letter of agency as a | ||||||
8 | preferred carrier
must be the
carrier directly setting the | ||||||
9 | rates for the subscriber.
| ||||||
10 | (7) Letters of agency shall not suggest or require that | ||||||
11 | a subscriber take
some
action in order to retain the | ||||||
12 | subscriber's current telecommunications carrier.
| ||||||
13 | (8) If any portion of a letter of agency is translated | ||||||
14 | into another
language
then all
portions of the letter of | ||||||
15 | agency must be translated into that language. Every
letter | ||||||
16 | of
agency must be translated into the same language as any | ||||||
17 | promotional materials,
oral
descriptions, or instructions | ||||||
18 | provided with the letter of agency.
| ||||||
19 | (9) Letters of agency submitted with an electronically | ||||||
20 | signed
authorization
must
include the consumer disclosures | ||||||
21 | required by Section 101(c) of the Electronic
Signatures
in | ||||||
22 | Global and National Commerce Act.
| ||||||
23 | (10) A telecommunications carrier shall submit a | ||||||
24 | preferred carrier change
order
on behalf of a subscriber | ||||||
25 | within no more than 60 days after obtaining a written
or
| ||||||
26 | electronically signed letter of agency.
|
| |||||||
| |||||||
1 | (11) If a telecommunications carrier uses a letter of | ||||||
2 | agency, the carrier
shall send
a letter to the subscriber | ||||||
3 | using first class mail, postage prepaid, no later
than 10 | ||||||
4 | days
after the telecommunications carrier submitting the | ||||||
5 | change in the subscriber's
telecommunications carrier is | ||||||
6 | on notice that the change has occurred. The
letter must
| ||||||
7 | inform the subscriber of the details of the | ||||||
8 | telecommunications carrier change
and
provide the | ||||||
9 | subscriber with a toll free number to call should the | ||||||
10 | subscriber
wish to
cancel the change.
| ||||||
11 | (e) A switch in a subscriber's selection of a provider of | ||||||
12 | telecommunications
service that
complies with the rules | ||||||
13 | promulgated by the Federal Communications Commission
and any
| ||||||
14 | amendments thereto shall be deemed to be in compliance with the | ||||||
15 | provisions of
this Section.
| ||||||
16 | (f) The Commission shall promulgate any rules necessary to | ||||||
17 | administer this
Section.
The rules promulgated under this | ||||||
18 | Section shall comport with the rules, if any,
promulgated by
| ||||||
19 | the Attorney General pursuant to the Consumer Fraud and | ||||||
20 | Deceptive Business
Practices Act
and with any rules promulgated | ||||||
21 | by the Federal Communications Commission.
| ||||||
22 | (g) Complaints may be filed with the Commission under this | ||||||
23 | Section by a
subscriber
whose telecommunications service has | ||||||
24 | been provided by an unauthorized
telecommunications
carrier as | ||||||
25 | a result of an unreasonable delay, by a subscriber whose
| ||||||
26 | telecommunications carrier
has been changed to another |
| |||||||
| |||||||
1 | telecommunications carrier in a manner not in
compliance with
| ||||||
2 | this Section,
by a subscriber's authorized telecommunications | ||||||
3 | carrier that has been removed
as a
subscriber's | ||||||
4 | telecommunications carrier in a manner not in compliance with | ||||||
5 | this
Section, by
a subscriber's
authorized submitting carrier | ||||||
6 | whose change order was delayed unreasonably, or
by the
| ||||||
7 | Commission on its own motion. Upon filing of the complaint, the | ||||||
8 | parties may
mutually agree
to submit the complaint to the | ||||||
9 | Commission's established mediation process.
Remedies in the
| ||||||
10 | mediation process may include, but shall not be limited to, the | ||||||
11 | remedies set
forth in this
subsection. In its discretion, the | ||||||
12 | Commission may deny the availability of the
mediation
process | ||||||
13 | and submit the complaint to hearings. If the complaint is not
| ||||||
14 | submitted to mediation
or if no agreement is reached during the | ||||||
15 | mediation process, hearings shall be
held on the
complaint. If, | ||||||
16 | after notice and hearing, the Commission finds that a
| ||||||
17 | telecommunications carrier
has violated this Section or a rule | ||||||
18 | promulgated under this Section, the
Commission may in its
| ||||||
19 | discretion do any one or more of the following:
| ||||||
20 | (1) Require the violating telecommunications carrier | ||||||
21 | to refund to the
subscriber
all fees and charges collected | ||||||
22 | from the subscriber for services up to the time
the
| ||||||
23 | subscriber receives written notice of the fact that the | ||||||
24 | violating carrier is
providing
telecommunications service | ||||||
25 | to the subscriber, including notice
on the subscriber's | ||||||
26 | bill.
For unreasonable delays wherein telecommunications |
| |||||||
| |||||||
1 | service is provided by an
unauthorized carrier, the | ||||||
2 | Commission may require the violating carrier to
refund to | ||||||
3 | the
subscriber all fees and charges collected from the | ||||||
4 | subscriber during the
unreasonable
delay. The Commission | ||||||
5 | may order the remedial action outlined in this
subsection | ||||||
6 | only
to the extent that the same remedial action is allowed | ||||||
7 | pursuant to rules or
regulations
promulgated by the Federal | ||||||
8 | Communications Commission.
| ||||||
9 | (2) Require the violating telecommunications carrier | ||||||
10 | to refund to the
subscriber
charges collected in excess of | ||||||
11 | those that would have been charged by the
subscriber's
| ||||||
12 | authorized telecommunications carrier.
| ||||||
13 | (3) Require the violating telecommunications carrier | ||||||
14 | to pay to the
subscriber's
authorized telecommunications | ||||||
15 | carrier the amount the authorized
telecommunications
| ||||||
16 | carrier would have collected for the telecommunications | ||||||
17 | service. The
Commission is
authorized to reduce this | ||||||
18 | payment by any amount already paid by the violating
| ||||||
19 | telecommunications carrier to the subscriber's authorized | ||||||
20 | telecommunications
carrier for
those telecommunications | ||||||
21 | services.
| ||||||
22 | (4) Require the violating telecommunications carrier | ||||||
23 | to pay a fine of up
to $1,000
into the Public Utility Fund | ||||||
24 | for each repeated and intentional violation of
this | ||||||
25 | Section.
| ||||||
26 | (5) Issue a cease and desist order.
|
| |||||||
| |||||||
1 | (6) For a pattern of violation of this Section or for | ||||||
2 | intentionally
violating a
cease and
desist order, revoke | ||||||
3 | the violating telecommunications carrier's certificate of
| ||||||
4 | service authority.
| ||||||
5 | (Source: P.A. 92-22, eff. 6-30-01 .)
| ||||||
6 | (220 ILCS 5/13-903)
| ||||||
7 | Sec. 13-903. Authorization, verification or notification, | ||||||
8 | and dispute
resolution for
covered product and service charges | ||||||
9 | on the telephone bill. | ||||||
10 | (a) Definitions. As used in this Section:
| ||||||
11 | (1) "Subscriber" means a
telecommunications
carrier's | ||||||
12 | retail business customer served by not more than 20 lines | ||||||
13 | or a retail
residential
customer.
| ||||||
14 | (2) "Telecommunications carrier" has the
meaning given | ||||||
15 | in Section 13-202 of the Public Utilities Act and includes | ||||||
16 | agents
and
employees of a telecommunications carrier, | ||||||
17 | except that "telecommunications
carrier"
does not include | ||||||
18 | a provider of commercial mobile radio services (as defined | ||||||
19 | by
47
U.S.C. 332(d)(1)).
| ||||||
20 | (b) Applicability of Section. This Section does not apply | ||||||
21 | to:
| ||||||
22 | (1) changes in a subscriber's local exchange | ||||||
23 | telecommunications service
or interexchange | ||||||
24 | telecommunications service;
| ||||||
25 | (2) message telecommunications charges that are |
| |||||||
| |||||||
1 | initiated by dialing 1+,
0+, 0-, 1010XXX, or collect calls | ||||||
2 | and charges for video services if the service
provider has | ||||||
3 | the necessary call detail record to establish the billing | ||||||
4 | for the
call or
service; and
| ||||||
5 | (3) telecommunications services available on a | ||||||
6 | subscriber's line when the
subscriber activates and pays | ||||||
7 | for the services on a per use basis.
| ||||||
8 | (c) Requirements for billing authorized charges. A | ||||||
9 | telecommunications
carrier shall
meet all of the following | ||||||
10 | requirements before submitting charges for any
product or | ||||||
11 | service to
be billed on any subscriber's telephone bill:
| ||||||
12 | (1) Inform the subscriber. The telecommunications | ||||||
13 | carrier offering the
product
or service must thoroughly | ||||||
14 | inform the subscriber of the product or service
being
| ||||||
15 | offered, including all associated charges, and explicitly | ||||||
16 | inform the
subscriber that
the associated charges for the | ||||||
17 | product or service will appear on the
subscriber's
| ||||||
18 | telephone bill.
| ||||||
19 | (2) Obtain subscriber authorization. The subscriber | ||||||
20 | must have clearly and
explicitly
consented to obtaining the | ||||||
21 | product or service offered and to having the
associated | ||||||
22 | charges
appear on the subscriber's telephone bill. The | ||||||
23 | consent must be verified by the
service
provider in | ||||||
24 | accordance with subsection (d) of this Section. A record of | ||||||
25 | the
consent must
be maintained by the telecommunications | ||||||
26 | carrier offering the product or service
for at
least 24 |
| |||||||
| |||||||
1 | months immediately after the consent and verification were | ||||||
2 | obtained.
| ||||||
3 | (d) Verification or notification. Except in | ||||||
4 | subscriber-initiated
transactions with a
certificated | ||||||
5 | telecommunications carrier for which the telecommunications
| ||||||
6 | carrier has the
appropriate documentation, the | ||||||
7 | telecommunications carrier, after obtaining the
subscriber's
| ||||||
8 | authorization in the required manner, shall either verify the | ||||||
9 | authorization or
notify the
subscriber as follows:
| ||||||
10 | (1) Independent third-party verification:
| ||||||
11 | (A) Verification shall be obtained by an | ||||||
12 | independent third party
that:
| ||||||
13 | (i) operates from a facility physically | ||||||
14 | separate from that
of the telecommunications | ||||||
15 | carrier;
| ||||||
16 | (ii) is not directly or indirectly managed, | ||||||
17 | controlled,
directed, or owned wholly or in part by | ||||||
18 | the telecommunications
carrier or the carrier's | ||||||
19 | marketing agent; and
| ||||||
20 | (iii) does not derive commissions or | ||||||
21 | compensation based
upon the number of sales | ||||||
22 | confirmed.
| ||||||
23 | (B) The third-party verification agent shall | ||||||
24 | state, and shall
obtain the subscriber's | ||||||
25 | acknowledgment of, the following disclosures:
| ||||||
26 | (i) the subscriber's name, address, and the |
| |||||||
| |||||||
1 | telephone
numbers of all telephone lines that will | ||||||
2 | be charged for the
product or service of the | ||||||
3 | telecommunications carrier;
| ||||||
4 | (ii) that the person speaking to the third | ||||||
5 | party verification
agent is in fact the | ||||||
6 | subscriber;
| ||||||
7 | (iii) that the subscriber wishes to purchase | ||||||
8 | the product or
service of the telecommunications | ||||||
9 | carrier and is agreeing to do so;
| ||||||
10 | (iv) that the subscriber understands that the | ||||||
11 | charges for the
product or service of the | ||||||
12 | telecommunications carrier will appear
on the | ||||||
13 | subscriber's telephone bill; and
| ||||||
14 | (v) the name and customer service telephone | ||||||
15 | number of
the telecommunications carrier.
| ||||||
16 | (C) The telecommunications carrier shall retain, | ||||||
17 | electronically
or otherwise, proof of the verification | ||||||
18 | of sales for a minimum of 24
months.
| ||||||
19 | (2) Notification. Written notification shall be | ||||||
20 | provided as follows:
| ||||||
21 | (A) the telecommunications carrier shall mail a | ||||||
22 | letter to the
subscriber using first class mail, | ||||||
23 | postage prepaid, no later than 10 days
after initiation | ||||||
24 | of the product or service;
| ||||||
25 | (B) the letter shall be a separate document sent | ||||||
26 | for the sole
purpose of describing the product or |
| |||||||
| |||||||
1 | service of the telecommunications
carrier;
| ||||||
2 | (C) the letter shall be printed with 10-point or | ||||||
3 | larger type and
clearly and conspicuously disclose the | ||||||
4 | material terms and conditions of
the offer of the | ||||||
5 | telecommunications carrier, as described in paragraph | ||||||
6 | (1)
of subsection (c);
| ||||||
7 | (D) the letter shall contain a toll-free telephone | ||||||
8 | number the
subscriber can call to cancel the product or | ||||||
9 | service;
| ||||||
10 | (E) the telecommunications carrier shall retain, | ||||||
11 | electronically
or otherwise, proof of written | ||||||
12 | notification for a minimum of 24 months; and
| ||||||
13 | (F) written notification can be provided via | ||||||
14 | electronic mail if
consumers are given the disclosures | ||||||
15 | required by Section 101(c) of the
Electronic | ||||||
16 | Signatures in Global and National Commerce Act.
| ||||||
17 | (e) Unauthorized charges.
| ||||||
18 | (1) Responsibilities of the billing telecommunications | ||||||
19 | carrier for
unauthorized
charges. If a subscriber's | ||||||
20 | telephone bill is charged for any product or
service | ||||||
21 | without
proper subscriber authorization and verification | ||||||
22 | or notification of
authorization in
compliance with this | ||||||
23 | Section, the telecommunications carrier that billed the
| ||||||
24 | subscriber,
on its knowledge or notification of any | ||||||
25 | unauthorized charge, shall promptly,
but not later
than 45 | ||||||
26 | days after the date of the knowledge or notification of an |
| |||||||
| |||||||
1 | unauthorized
charge:
| ||||||
2 | (A) notify the product or service provider to | ||||||
3 | immediately cease charging
the subscriber for the | ||||||
4 | unauthorized product or service;
| ||||||
5 | (B) remove the unauthorized charge from the | ||||||
6 | subscriber's bill; and
| ||||||
7 | (C) refund or credit to the subscriber all money | ||||||
8 | that the subscriber has
paid for any unauthorized | ||||||
9 | charge.
| ||||||
10 | (f) The Commission shall promulgate any rules necessary to | ||||||
11 | ensure that
subscribers are
not billed on the telephone bill | ||||||
12 | for products or services in a manner not in
compliance with | ||||||
13 | this
Section. The rules promulgated under this Section shall | ||||||
14 | comport with the
rules, if any,
promulgated by the Attorney | ||||||
15 | General pursuant to the Consumer Fraud and
Deceptive Business
| ||||||
16 | Practices Act and with any rules promulgated by the Federal | ||||||
17 | Communications
Commission or
Federal Trade Commission.
| ||||||
18 | (g) Complaints may be filed with the Commission under this | ||||||
19 | Section by a
subscriber
who has been billed on the telephone | ||||||
20 | bill for products or services not in
compliance with this
| ||||||
21 | Section or by the Commission on its own motion. Upon filing of | ||||||
22 | the complaint,
the parties
may mutually agree to submit the | ||||||
23 | complaint to the Commission's established
mediation
process. | ||||||
24 | Remedies in the mediation process may include, but shall not be
| ||||||
25 | limited to, the
remedies set forth in paragraphs (1) through | ||||||
26 | (4) of this subsection. In its
discretion, the
Commission may |
| |||||||
| |||||||
1 | deny the availability of the mediation process and submit the
| ||||||
2 | complaint to
hearings. If the complaint is not submitted to | ||||||
3 | mediation or if no agreement is
reached during
the mediation | ||||||
4 | process, hearings shall be held on the complaint pursuant to
| ||||||
5 | Article X of this
Act. If after notice and hearing, the | ||||||
6 | Commission finds that a
telecommunications carrier has
| ||||||
7 | violated this Section or a rule promulgated under this Section, | ||||||
8 | the Commission
may in its
discretion order any one or more of | ||||||
9 | the following:
| ||||||
10 | (1) Require the violating telecommunications carrier | ||||||
11 | to pay a fine of up
to $1,000
into the Public Utility Fund | ||||||
12 | for each repeated and intentional violation of
this | ||||||
13 | Section.
| ||||||
14 | (2) Require the violating carrier to refund or cancel | ||||||
15 | all charges for
products
or
services not billed in | ||||||
16 | compliance with this Section.
| ||||||
17 | (3) Issue a cease and desist order.
| ||||||
18 | (4) For a pattern of violation of this Section or for | ||||||
19 | intentionally
violating a
cease
and desist order, revoke | ||||||
20 | the violating telecommunications carrier's certificate
of | ||||||
21 | service
authority.
| ||||||
22 | (Source: P.A. 98-756, eff. 7-16-14 .)
| ||||||
23 | (220 ILCS 5/13-904 new) | ||||||
24 | Sec. 13-904. Continuation of Article; validation. | ||||||
25 | (a) The General Assembly finds and declares that this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly manifests the | ||||||
2 | intention of the General Assembly to extend the repeal of this | ||||||
3 | Article and have this Article continue in effect until December | ||||||
4 | 31, 2020. | ||||||
5 | (b) This Article shall be deemed to have been in continuous | ||||||
6 | effect since July 1, 2017 and it shall continue to be in effect | ||||||
7 | henceforward until it is otherwise lawfully repealed. All | ||||||
8 | previously enacted amendments to this Article taking effect on | ||||||
9 | or after July 1, 2017, are hereby validated. All actions taken | ||||||
10 | in reliance on or under this Article by the Illinois Commerce | ||||||
11 | Commission or any other person or entity are hereby validated. | ||||||
12 | (c) In order to ensure the continuing effectiveness of this | ||||||
13 | Article, it is set forth in full and reenacted by this | ||||||
14 | amendatory Act of the 100th General Assembly. Striking and | ||||||
15 | underscoring are used only to show changes being made to the | ||||||
16 | base text. This reenactment is intended as a continuation of | ||||||
17 | this Article. It is not intended to supersede any amendment to | ||||||
18 | this Article that is enacted by the 100th General Assembly. | ||||||
19 | (220 ILCS 5/13-1200) | ||||||
20 | Sec. 13-1200. Repealer. This Article is repealed December | ||||||
21 | 31, 2020 July 1, 2017 . | ||||||
22 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | ||||||
23 | (220 ILCS 5/Art. XXI heading)
| ||||||
24 | ARTICLE XXI. CABLE AND VIDEO COMPETITION
|
| |||||||
| |||||||
1 | (Source: P.A. 95-9, eff. 6-30-07 .) | ||||||
2 | (220 ILCS 5/21-100) | ||||||
3 | Sec. 21-100. Short title. This Article may be cited as the | ||||||
4 | Cable and Video Competition Law of 2007.
| ||||||
5 | (Source: P.A. 95-9, eff. 6-30-07 .) | ||||||
6 | (220 ILCS 5/21-101) | ||||||
7 | Sec. 21-101. Findings. With respect to cable and video | ||||||
8 | competition, the General Assembly finds that: | ||||||
9 | (a) The economy in the State of Illinois will be | ||||||
10 | enhanced by investment in new communications, cable | ||||||
11 | services, and video services infrastructure, including | ||||||
12 | broadband facilities, fiber optic, and Internet protocol | ||||||
13 | technologies. | ||||||
14 | (b) Cable services and video services bring important | ||||||
15 | daily benefits to Illinois consumers by providing news, | ||||||
16 | education, and entertainment. | ||||||
17 | (c) Competitive cable service and video service | ||||||
18 | providers are capable of providing new video programming | ||||||
19 | services and competition to Illinois consumers and of | ||||||
20 | decreasing the prices for video programming services paid | ||||||
21 | by Illinois consumers. | ||||||
22 | (d) Although there has been some competitive entry into | ||||||
23 | the facilities-based video programming market since | ||||||
24 | current franchising requirements in this State were |
| |||||||
| |||||||
1 | enacted, further entry by facilities-based providers could | ||||||
2 | benefit consumers, provided cable and video services are | ||||||
3 | equitably available to all Illinois consumers at | ||||||
4 | reasonable prices. | ||||||
5 | (e) The provision of competitive cable services and | ||||||
6 | video services is a matter of statewide concern that | ||||||
7 | extends beyond the boundaries of individual local units of | ||||||
8 | government. Notwithstanding the foregoing, public | ||||||
9 | rights-of-way are limited resources over which the | ||||||
10 | municipality has a custodial duty to ensure that they are | ||||||
11 | used, repaired, and maintained in a manner that best serves | ||||||
12 | the public interest. | ||||||
13 | (f) The State authorization process and uniform | ||||||
14 | standards and procedures in this Article are intended to | ||||||
15 | enable rapid and widespread entry by competitive | ||||||
16 | providers, which will bring to Illinois consumers the | ||||||
17 | benefits of video competition, including providing | ||||||
18 | consumers with more choice, lower prices, higher speed and | ||||||
19 | more advanced Internet access, more diverse and varied | ||||||
20 | news, public information, education, and entertainment | ||||||
21 | programming, and will bring to this State and its local | ||||||
22 | units of government the benefits of new infrastructure | ||||||
23 | investment, job growth, and innovation in broadband and | ||||||
24 | Internet protocol technologies and deployment. | ||||||
25 | (g) Providing an incumbent cable or video service | ||||||
26 | provider with the option to secure a State-issued |
| |||||||
| |||||||
1 | authorization through the termination of existing cable | ||||||
2 | franchises between incumbent cable and video service | ||||||
3 | providers and any local franchising authority is part of | ||||||
4 | the new regulatory framework established by this Article. | ||||||
5 | This Article is intended to best ensure equal treatment and | ||||||
6 | parity among providers and technologies.
| ||||||
7 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) | ||||||
8 | (220 ILCS 5/21-101.1) | ||||||
9 | Sec. 21-101.1. Applicability. The provisions of Public Act | ||||||
10 | 95-9
shall apply only to a holder of a cable service or video | ||||||
11 | service authorization issued by the Commission pursuant to this | ||||||
12 | Article, and shall not apply to any person or entity that | ||||||
13 | provides cable television services under a cable television | ||||||
14 | franchise issued by any municipality or county pursuant to | ||||||
15 | Section 11-42-11 of the Illinois Municipal Code (65 ILCS | ||||||
16 | 5/11-42-11) or Section 5-1095 of the Counties Code (55 ILCS | ||||||
17 | 5/5-1095), unless specifically provided for herein. A local | ||||||
18 | unit of government that has an existing agreement for the | ||||||
19 | provision of video services with a company or entity that uses | ||||||
20 | its telecommunications facilities to provide video service as | ||||||
21 | of May 30, 2007 may continue to operate under that agreement or | ||||||
22 | may, at its discretion, terminate the existing agreement and | ||||||
23 | require the video provider to obtain a State-issued | ||||||
24 | authorization under this Article.
| ||||||
25 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) |
| |||||||
| |||||||
1 | (220 ILCS 5/21-201) | ||||||
2 | Sec. 21-201. Definitions. As used in this Article: | ||||||
3 | (a) "Access" means that the cable or video provider is | ||||||
4 | capable of providing cable services or video services at the | ||||||
5 | household address using any technology, other than | ||||||
6 | direct-to-home satellite service, that
provides 2-way
| ||||||
7 | broadband Internet capability and video programming, content, | ||||||
8 | and functionality, regardless of whether any customer has | ||||||
9 | ordered service or whether the owner or landlord or other | ||||||
10 | responsible person has granted access to the household. If more | ||||||
11 | than one technology is used, the technologies shall provide | ||||||
12 | similar 2-way
broadband Internet accessibility and similar | ||||||
13 | video programming. | ||||||
14 | (b) "Basic cable or video service" means any cable or video | ||||||
15 | service offering or tier that
includes the retransmission of | ||||||
16 | local television broadcast signals. | ||||||
17 | (c) "Broadband service" means a high speed service | ||||||
18 | connection to the public Internet capable of supporting, in at | ||||||
19 | least one direction, a speed in excess of 200 kilobits per | ||||||
20 | second (kbps) to the network demarcation point at the | ||||||
21 | subscriber's premises. | ||||||
22 | (d) "Cable operator" means that term as defined in item (5) | ||||||
23 | of 47 U.S.C. 522. | ||||||
24 | (e) "Cable service" means that term as defined in item (6) | ||||||
25 | of 47 U.S.C. 522. |
| |||||||
| |||||||
1 | (f) "Cable system" means that term as defined in item (7) | ||||||
2 | of 47 U.S.C. 522. | ||||||
3 | (g) "Commission" means the Illinois Commerce Commission. | ||||||
4 | (h) "Competitive cable service or video service provider" | ||||||
5 | means a person or entity that is providing or seeks to provide | ||||||
6 | cable service or video service in an area where there is at | ||||||
7 | least one incumbent cable operator. | ||||||
8 | (i) "Designated market area" means a designated market | ||||||
9 | area, as determined by Nielsen Media Research and published in | ||||||
10 | the 1999-2000 Nielsen Station Index Directory and Nielsen | ||||||
11 | Station Index United States Television Household Estimates or | ||||||
12 | any successor publication. For any designated market area that | ||||||
13 | crosses State lines, only households in the portion of the | ||||||
14 | designated market area that is located within the holder's | ||||||
15 | telecommunications service area in the State where access to | ||||||
16 | video service will be offered shall be considered. | ||||||
17 | (j) "Footprint" means the geographic area designated by the | ||||||
18 | cable service or video service provider as the geographic area | ||||||
19 | in which it will offer cable services or video services during | ||||||
20 | the period of its State-issued authorization. Each footprint | ||||||
21 | shall be identified in terms of either (i) exchanges, as that | ||||||
22 | term is defined in Section 13-206 of this Act; (ii) a | ||||||
23 | collection of United States Census Bureau Block numbers (13 | ||||||
24 | digit); (iii) if the area is smaller than the areas identified | ||||||
25 | in either (i) or (ii), by geographic information system digital | ||||||
26 | boundaries meeting or exceeding national map accuracy |
| |||||||
| |||||||
1 | standards; or (iv) local units of government. | ||||||
2 | (k) "Holder" means a person or entity that has received | ||||||
3 | authorization to offer or provide cable or video service from | ||||||
4 | the Commission pursuant to Section 21-401 of this Article. | ||||||
5 | (l) "Household" means a house, an apartment, a mobile home, | ||||||
6 | a group of rooms, or a single room that is intended for | ||||||
7 | occupancy as separate living quarters. Separate living | ||||||
8 | quarters are those in which the occupants live and eat | ||||||
9 | separately from any other persons in the building and that
have | ||||||
10 | direct access from the outside of the building or through a | ||||||
11 | common hall. This definition is consistent with the United | ||||||
12 | States Census Bureau, as that definition may be amended | ||||||
13 | thereafter. | ||||||
14 | (m) "Incumbent cable operator" means a person or entity | ||||||
15 | that provided cable services or video services in a particular | ||||||
16 | area under a franchise agreement with a local unit of | ||||||
17 | government pursuant to Section 11-42-11 of the Illinois | ||||||
18 | Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the | ||||||
19 | Counties Code (55 ILCS 5/5-1095) on January 1, 2007. | ||||||
20 | (n) "Local franchising authority" means the local unit of | ||||||
21 | government that has or requires a franchise with a cable | ||||||
22 | operator, a provider of cable services, or a provider of video | ||||||
23 | services to construct or operate a cable or video system or to | ||||||
24 | offer cable services or video services under Section 11-42-11 | ||||||
25 | of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section | ||||||
26 | 5-1095 of the Counties Code (55 ILCS 5/5-1095). |
| |||||||
| |||||||
1 | (o) "Local unit of government" means a city, village, | ||||||
2 | incorporated town, or county. | ||||||
3 | (p) "Low-income household" means those residential | ||||||
4 | households located within the holder's existing telephone | ||||||
5 | service area where the average annual household income is less | ||||||
6 | than $35,000, based on the United States Census Bureau | ||||||
7 | estimates adjusted annually to reflect rates of change and | ||||||
8 | distribution. | ||||||
9 | (q) "Public rights-of-way" means the areas on, below, or | ||||||
10 | above a public roadway, highway, street, public sidewalk, | ||||||
11 | alley, waterway, or utility easements dedicated for compatible | ||||||
12 | uses. | ||||||
13 | (r) "Service" means the provision of cable service
or video | ||||||
14 | service
to subscribers and the interaction of subscribers with | ||||||
15 | the person or entity that has received authorization to offer | ||||||
16 | or provide cable or video service from the Commission pursuant | ||||||
17 | to Section 21-401 of this Act. | ||||||
18 | (s) "Service provider fee" means the amount paid under | ||||||
19 | Section 21-801 of this Act
by the holder to a municipality, or | ||||||
20 | in the case of an unincorporated service area to a county, for | ||||||
21 | service areas within its territorial jurisdiction, but under no | ||||||
22 | circumstances shall the service provider fee be paid to more | ||||||
23 | than one local unit of government for the same portion of the | ||||||
24 | holder's service area. | ||||||
25 | (t) "Telecommunications service area" means the area | ||||||
26 | designated by the Commission as the area in which a |
| |||||||
| |||||||
1 | telecommunications company was obligated to provide | ||||||
2 | non-competitive local telephone service as of February 8, 1996 | ||||||
3 | as incorporated into Section 13-202.5 of this Act. | ||||||
4 | (u) "Video programming" means that term as defined in item | ||||||
5 | (20) of 47 U.S.C. 522. | ||||||
6 | (v) "Video service" means video programming and subscriber | ||||||
7 | interaction, if any, that is required for the selection or use | ||||||
8 | of such video programming services, and that
is provided | ||||||
9 | through wireline facilities located at least in part in the | ||||||
10 | public rights-of-way without regard to delivery technology, | ||||||
11 | including Internet protocol technology. This definition does | ||||||
12 | not include any video programming provided by a commercial | ||||||
13 | mobile service provider defined in subsection (d) of 47 U.S.C. | ||||||
14 | 332
or any video programming provided solely as part of, and | ||||||
15 | via, service that enables users to access content, information, | ||||||
16 | electronic mail, or other services offered over the public | ||||||
17 | Internet. | ||||||
18 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) | ||||||
19 | (220 ILCS 5/21-301)
| ||||||
20 | Sec. 21-301. Eligibility. | ||||||
21 | (a) A person or entity seeking to provide cable service or | ||||||
22 | video service in this State after June 30, 2007 (the effective | ||||||
23 | date of Public Act 95-9)
shall either (1) obtain a State-issued | ||||||
24 | authorization pursuant to Section 21-401
of the Public | ||||||
25 | Utilities
Act (220 ILCS 5/21-401); (2) obtain authorization |
| |||||||
| |||||||
1 | pursuant to Section 11-42-11 of the Illinois Municipal Code (65 | ||||||
2 | ILCS 5/11-42-11); or (3) obtain authorization pursuant to | ||||||
3 | Section 5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||||||
4 | (b) An incumbent cable operator shall be eligible to apply | ||||||
5 | for a State-issued authorization as provided in subsection (c) | ||||||
6 | of this Section. Upon expiration of its current franchise | ||||||
7 | agreement, an incumbent cable operator may obtain State | ||||||
8 | authorization from the Commission pursuant to this Article or | ||||||
9 | may pursue a franchise renewal with the appropriate local | ||||||
10 | franchise authority under State and federal law. An incumbent | ||||||
11 | cable operator and any successor-in-interest that receives a | ||||||
12 | State-issued authorization shall be obligated to provide | ||||||
13 | access to cable services or video services within any local | ||||||
14 | unit of government at the same levels required by the local | ||||||
15 | franchising authorities for the local unit of government on | ||||||
16 | June 30, 2007 (the effective date of Public Act 95-9). | ||||||
17 | (c)(1) An incumbent cable operator may elect to terminate | ||||||
18 | its agreement with the local franchising authority and obtain a | ||||||
19 | State-issued authorization by providing written notice to the | ||||||
20 | Commission and the affected local franchising authority and any | ||||||
21 | entity authorized by that franchising authority to manage | ||||||
22 | public, education, and government access at least 180 days | ||||||
23 | prior to its filing an application for a State-issued | ||||||
24 | authorization. The existing agreement shall be terminated on | ||||||
25 | the date that the Commission issues the State-issued | ||||||
26 | authorization. |
| |||||||
| |||||||
1 | (2) An incumbent cable operator that elects to | ||||||
2 | terminate an existing agreement with a local franchising | ||||||
3 | authority under this Section is responsible for remitting | ||||||
4 | to the affected local franchising authority and any entity | ||||||
5 | designated by that local franchising authority to manage | ||||||
6 | public, education, and government access before the 46th | ||||||
7 | day after the date the agreement is terminated any accrued | ||||||
8 | but unpaid fees due under the terminated agreement. If that | ||||||
9 | incumbent cable operator has credit remaining from prepaid | ||||||
10 | franchise fees, such amount of the remaining credit may be | ||||||
11 | deducted from any future fees the incumbent cable operator | ||||||
12 | must pay to the local franchising authority pursuant to | ||||||
13 | subsection (b) of Section 21-801 of this Act. | ||||||
14 | (3) An incumbent cable operator that elects to | ||||||
15 | terminate an existing agreement with a local franchising | ||||||
16 | authority under this Section shall pay the affected local | ||||||
17 | franchising authority and any entity designated by that | ||||||
18 | franchising authority to manage public, education, and | ||||||
19 | government access, at the time that they would have been | ||||||
20 | due, all monetary payments for public, education, or | ||||||
21 | government access that would have been due during the | ||||||
22 | remaining term of the agreement had it not been terminated | ||||||
23 | as provided in this paragraph. All payments made by an | ||||||
24 | incumbent cable operator pursuant to the previous sentence | ||||||
25 | of this paragraph may be credited against the fees that | ||||||
26 | that operator owes under item (1) of subsection (d) of |
| |||||||
| |||||||
1 | Section 21-801
of this Act. | ||||||
2 | (d) For purposes of this Article, the Commission shall be | ||||||
3 | the franchising authority for cable service or video service | ||||||
4 | providers that apply for and obtain a State-issued | ||||||
5 | authorization under this Article with regard to the footprint | ||||||
6 | covered by such authorization. Notwithstanding any other | ||||||
7 | provision of this Article, holders using telecommunications | ||||||
8 | facilities to provide cable service or video service are not | ||||||
9 | obligated to provide that service outside the holder's | ||||||
10 | telecommunications service area. | ||||||
11 | (e) Any person or entity that applies for and obtains a | ||||||
12 | State-issued authorization under this Article shall not be | ||||||
13 | subject to Section 11-42-11 of the Illinois Municipal Code (65 | ||||||
14 | ILCS 5/11-42-11) or Section 5-1095 of the Counties Code (55 | ||||||
15 | ILCS 5/5-1095), except as provided in this Article. Except as | ||||||
16 | provided under this Article, neither the Commission nor any | ||||||
17 | local unit of government may require a person or entity that | ||||||
18 | has applied for and obtained a State-issued authorization to | ||||||
19 | obtain a separate franchise or pay any franchise fee on cable | ||||||
20 | service or video service.
| ||||||
21 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) | ||||||
22 | (220 ILCS 5/21-401) | ||||||
23 | Sec. 21-401. Applications. | ||||||
24 | (a)(1) A person or entity seeking to provide cable service | ||||||
25 | or video service pursuant to this Article shall not use the |
| |||||||
| |||||||
1 | public rights-of-way for the installation or construction of | ||||||
2 | facilities for the provision of cable service or video service | ||||||
3 | or offer cable service or video service until it has obtained a | ||||||
4 | State-issued authorization to offer or provide cable or video | ||||||
5 | service under this Section, except as provided for in item (2) | ||||||
6 | of this subsection (a). All cable or video providers offering | ||||||
7 | or providing service in this State shall have authorization | ||||||
8 | pursuant to either (i) the Cable and Video Competition Law of | ||||||
9 | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the | ||||||
10 | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section | ||||||
11 | 5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||||||
12 | (2) Nothing in this Section shall prohibit a local unit of | ||||||
13 | government from granting a permit to a person or entity for the | ||||||
14 | use of the public rights-of-way to install or construct | ||||||
15 | facilities to provide cable service or video service, at its | ||||||
16 | sole discretion. No unit of local government shall be liable | ||||||
17 | for denial or delay of a permit prior to the issuance of a | ||||||
18 | State-issued authorization. | ||||||
19 | (b) The application to the Commission for State-issued | ||||||
20 | authorization shall contain a completed affidavit submitted by | ||||||
21 | the applicant and signed by an officer or general partner of | ||||||
22 | the applicant affirming all of the following: | ||||||
23 | (1) That the applicant has filed or will timely file | ||||||
24 | with the Federal Communications Commission all forms | ||||||
25 | required by that agency in advance of offering cable | ||||||
26 | service or video service in this State. |
| |||||||
| |||||||
1 | (2) That the applicant agrees to comply with all | ||||||
2 | applicable federal and State statutes and regulations. | ||||||
3 | (3) That the applicant agrees to comply with all | ||||||
4 | applicable local unit of government regulations. | ||||||
5 | (4) An exact description of the cable service or video | ||||||
6 | service area where the cable service or video service will | ||||||
7 | be offered during the term of the State-issued | ||||||
8 | authorization. The service area shall be identified in | ||||||
9 | terms of either (i) exchanges, as that term is defined in | ||||||
10 | Section 13-206 of this Act; (ii) a collection of United | ||||||
11 | States Census Bureau Block numbers (13 digit); (iii) if the | ||||||
12 | area is smaller than the areas identified in either (i) or | ||||||
13 | (ii), by geographic information system digital boundaries | ||||||
14 | meeting or exceeding national map accuracy standards; or | ||||||
15 | (iv) local unit of government. The description shall | ||||||
16 | include the number of low-income households within the | ||||||
17 | service area or footprint. If an applicant is an incumbent | ||||||
18 | cable operator, the incumbent cable operator and any | ||||||
19 | successor-in-interest shall be obligated to provide access | ||||||
20 | to cable services or video services within any local units | ||||||
21 | of government at the same levels required by the local | ||||||
22 | franchising authorities for the local unit of government on | ||||||
23 | June 30, 2007
(the effective date of Public Act 95-9),
and | ||||||
24 | its application shall provide a description of an area no | ||||||
25 | smaller than the service areas contained in its franchise | ||||||
26 | or franchises
within the jurisdiction of the local unit of |
| |||||||
| |||||||
1 | government in which it seeks to offer cable or video | ||||||
2 | service. | ||||||
3 | (5) The location and telephone number of the | ||||||
4 | applicant's principal place of business within this State | ||||||
5 | and the names of the applicant's principal executive | ||||||
6 | officers who are responsible for communications concerning | ||||||
7 | the application and the services to be offered pursuant to | ||||||
8 | the application, the applicant's legal name, and any name | ||||||
9 | or names under which the applicant does or will provide | ||||||
10 | cable services or video services in this State. | ||||||
11 | (6) A certification that the applicant has | ||||||
12 | concurrently delivered a copy of the application to all | ||||||
13 | local units of government that include all or any part of | ||||||
14 | the service area identified in item (4) of this subsection | ||||||
15 | (b)
within such local unit of government's jurisdictional | ||||||
16 | boundaries. | ||||||
17 | (7) The expected date that cable service or video | ||||||
18 | service will be initially offered in the area identified in | ||||||
19 | item (4) of this subsection (b). In the event that a holder | ||||||
20 | does not offer cable services or video services within 3
| ||||||
21 | months after the expected date, it shall amend its | ||||||
22 | application and update the expected date service will be | ||||||
23 | offered and explain the delay in offering cable services or | ||||||
24 | video services. | ||||||
25 | (8) For any entity that received State-issued | ||||||
26 | authorization prior to this amendatory Act of the 98th |
| |||||||
| |||||||
1 | General Assembly as a cable operator and that intends to | ||||||
2 | proceed as a cable operator under this Article, the entity | ||||||
3 | shall file a written affidavit with the Commission and | ||||||
4 | shall serve a copy of the affidavit with any local units of | ||||||
5 | government affected by the authorization within 30 days | ||||||
6 | after the effective date of this amendatory Act of the 98th | ||||||
7 | General Assembly stating that the holder will be providing | ||||||
8 | cable service under the State-issued authorization. | ||||||
9 | The application shall include adequate assurance that the | ||||||
10 | applicant possesses the financial, managerial, legal, and | ||||||
11 | technical qualifications necessary to construct and operate | ||||||
12 | the proposed system, to promptly repair any damage to the | ||||||
13 | public right-of-way caused by the applicant, and to pay the | ||||||
14 | cost of removal of its facilities. To accomplish these | ||||||
15 | requirements, the applicant may, at the time the applicant | ||||||
16 | seeks to use the public rights-of-way in that jurisdiction, be | ||||||
17 | required by the State of Illinois or
later be required by the | ||||||
18 | local unit of government, or both, to post a bond, produce a | ||||||
19 | certificate of insurance, or otherwise demonstrate its | ||||||
20 | financial responsibility. | ||||||
21 | The application shall include the applicant's general | ||||||
22 | standards related to customer service required by Section | ||||||
23 | 22-501 of this Act, which shall include, but not be limited to, | ||||||
24 | installation, disconnection, service and repair obligations; | ||||||
25 | appointment hours; employee ID requirements; customer service | ||||||
26 | telephone numbers and hours; procedures for billing, charges, |
| |||||||
| |||||||
1 | deposits, refunds, and credits; procedures for termination of | ||||||
2 | service; notice of deletion of programming service and changes | ||||||
3 | related to transmission of programming or changes or increases | ||||||
4 | in rates; use and availability of parental control or lock-out | ||||||
5 | devices; complaint procedures and procedures for bill dispute | ||||||
6 | resolution and a description of the rights and remedies | ||||||
7 | available to consumers if the holder does not materially meet | ||||||
8 | their customer service standards; and special services for | ||||||
9 | customers with visual, hearing, or mobility disabilities. | ||||||
10 | (c)(1) The applicant may designate information that it | ||||||
11 | submits in its application or subsequent reports as | ||||||
12 | confidential or proprietary, provided that the applicant | ||||||
13 | states the reasons the confidential designation is necessary. | ||||||
14 | The Commission shall provide adequate protection for such | ||||||
15 | information pursuant to Section 4-404 of this Act. If the | ||||||
16 | Commission, a local unit of government, or any other party | ||||||
17 | seeks public disclosure of information designated as | ||||||
18 | confidential, the Commission shall consider the confidential | ||||||
19 | designation in a proceeding under the Illinois Administrative | ||||||
20 | Procedure
Act, and the burden of proof to demonstrate that the | ||||||
21 | designated information is confidential shall be upon the | ||||||
22 | applicant. Designated information shall remain confidential | ||||||
23 | pending the Commission's determination of whether the | ||||||
24 | information is entitled to confidential treatment. Information | ||||||
25 | designated as confidential shall be provided to local units of | ||||||
26 | government for purposes of assessing compliance with this |
| |||||||
| |||||||
1 | Article as permitted under a Protective Order issued by the | ||||||
2 | Commission pursuant to the Commission's rules and to the | ||||||
3 | Attorney General pursuant to Section 6.5 of the Attorney | ||||||
4 | General Act
(15 ILCS 205/6.5). Information designated as | ||||||
5 | confidential under this Section or determined to be | ||||||
6 | confidential upon Commission review shall only be disclosed | ||||||
7 | pursuant to a valid and enforceable subpoena or court order or | ||||||
8 | as required by the Freedom of Information Act. Nothing herein | ||||||
9 | shall delay the application approval timeframes set forth in | ||||||
10 | this Article. | ||||||
11 | (2) Information regarding the location of video services | ||||||
12 | that have been or are being offered to the public and aggregate | ||||||
13 | information included in the reports required by this Article | ||||||
14 | shall not be designated or treated as confidential. | ||||||
15 | (d)(1) The Commission shall post all applications it | ||||||
16 | receives under this Article on its web site within 5
business | ||||||
17 | days. | ||||||
18 | (2) The Commission shall notify an applicant for a cable | ||||||
19 | service or video service authorization whether the applicant's | ||||||
20 | application and affidavit are complete on or before the 15th | ||||||
21 | business day after the applicant submits the application. If | ||||||
22 | the application and affidavit are not complete, the Commission | ||||||
23 | shall state in its notice all of the reasons the application or | ||||||
24 | affidavit are incomplete, and the applicant shall resubmit a | ||||||
25 | complete application. The Commission shall have 30 days after | ||||||
26 | submission by the applicant of a complete application and |
| |||||||
| |||||||
1 | affidavit to issue the service authorization. If the Commission | ||||||
2 | does not notify the applicant regarding the completeness of the | ||||||
3 | application and affidavit or issue the service authorization | ||||||
4 | within the time periods required under this subsection, the | ||||||
5 | application and affidavit shall be considered complete and the | ||||||
6 | service authorization issued upon the expiration of the 30th | ||||||
7 | day. | ||||||
8 | (e) Any authorization issued by the Commission will expire | ||||||
9 | on December 31, 2023 2020 and shall contain or include all of | ||||||
10 | the following: | ||||||
11 | (1) A grant of authority, including an authorization | ||||||
12 | issued prior to this amendatory Act of the 98th General | ||||||
13 | Assembly, to provide cable service or video service in the | ||||||
14 | service area footprint as requested in the application, | ||||||
15 | subject to the provisions of this Article in existence on | ||||||
16 | the date the grant of authority was issued, and any | ||||||
17 | modifications to this Article enacted at any time prior to | ||||||
18 | the date in Section 21-1601 of this Act, and to the laws of | ||||||
19 | the State and the ordinances, rules, and regulations of the | ||||||
20 | local units of government. | ||||||
21 | (2) A grant of authority to use, occupy, and construct | ||||||
22 | facilities in the public rights-of-way for the delivery of | ||||||
23 | cable service or video service in the service area | ||||||
24 | footprint, subject to the laws, ordinances, rules, or | ||||||
25 | regulations of this State and local units of governments. | ||||||
26 | (3) A statement that the grant of authority is subject |
| |||||||
| |||||||
1 | to lawful operation of the cable service or video service | ||||||
2 | by the applicant, its affiliated entities, or its | ||||||
3 | successors-in-interest. | ||||||
4 | (e-5) The Commission shall notify a local unit of | ||||||
5 | government within 3
business days of the grant of any | ||||||
6 | authorization within a service area footprint if that | ||||||
7 | authorization includes any part of the local unit of | ||||||
8 | government's jurisdictional boundaries and state whether the | ||||||
9 | holder will be providing video service or cable service under | ||||||
10 | the authorization. | ||||||
11 | (f) The authorization issued pursuant to this Section
by | ||||||
12 | the Commission may be transferred to any successor-in-interest | ||||||
13 | to the applicant to which it is initially granted without | ||||||
14 | further Commission action if the successor-in-interest (i) | ||||||
15 | submits an application and the information required by | ||||||
16 | subsection (b) of this Section
for the successor-in-interest | ||||||
17 | and (ii) is not in violation of this Article or of any federal, | ||||||
18 | State, or local law, ordinance, rule, or regulation. A | ||||||
19 | successor-in-interest shall file its application and notice of | ||||||
20 | transfer with the Commission and the relevant local units of | ||||||
21 | government no less than 15
business days prior to the | ||||||
22 | completion of the transfer. The Commission is not required or | ||||||
23 | authorized to act upon the notice of transfer; however, the | ||||||
24 | transfer is not effective until the Commission approves the | ||||||
25 | successor-in-interest's application. A local unit of | ||||||
26 | government or the Attorney General may seek to bar a transfer |
| |||||||
| |||||||
1 | of ownership by filing suit in a court of competent | ||||||
2 | jurisdiction predicated on the existence of a material and | ||||||
3 | continuing breach of this Article by the holder, a pattern of | ||||||
4 | noncompliance with customer service standards by the potential | ||||||
5 | successor-in-interest, or the insolvency of the potential | ||||||
6 | successor-in-interest. If a transfer is made when there are | ||||||
7 | violations of this Article or of any federal, State, or local | ||||||
8 | law, ordinance, rule, or regulation, the successor-in-interest | ||||||
9 | shall be subject to 3
times the penalties provided for in this | ||||||
10 | Article. | ||||||
11 | (g) The authorization issued pursuant to this Section by | ||||||
12 | the Commission may be terminated, or its cable service or video | ||||||
13 | service area footprint may be modified, by the cable service | ||||||
14 | provider or video service provider by submitting notice to the | ||||||
15 | Commission and to the relevant local unit of government | ||||||
16 | containing a description of the change on the same terms as the | ||||||
17 | initial description pursuant to item (4) of subsection (b) of | ||||||
18 | this Section. The Commission is not required or authorized to | ||||||
19 | act upon that notice. It shall be a violation of this Article | ||||||
20 | for a holder to discriminate against potential residential | ||||||
21 | subscribers because of the race or income of the residents in | ||||||
22 | the local area in which the group resides by terminating or | ||||||
23 | modifying its cable service or video service area footprint. It | ||||||
24 | shall be a violation of this Article for a holder to terminate | ||||||
25 | or modify its cable service or video service area footprint if | ||||||
26 | it leaves an area with no cable service or video service from |
| |||||||
| |||||||
1 | any provider. | ||||||
2 | (h) The Commission's authority to administer this Article | ||||||
3 | is limited to the powers and duties explicitly provided under | ||||||
4 | this Article. Its authority under this Article does not include | ||||||
5 | or limit the powers and duties that the Commission has under | ||||||
6 | the other Articles of this Act, the Illinois Administrative | ||||||
7 | Procedure Act,
or any other law or regulation to conduct | ||||||
8 | proceedings, other than as provided in subsection (c), or has | ||||||
9 | to promulgate rules or regulations. The Commission shall not | ||||||
10 | have the authority to limit or expand the obligations and | ||||||
11 | requirements provided in this Section or to regulate or control | ||||||
12 | a person or entity to the extent that person or entity is | ||||||
13 | providing cable service or video service, except as provided in | ||||||
14 | this Article.
| ||||||
15 | (Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, | ||||||
16 | eff. 6-29-15.) | ||||||
17 | (220 ILCS 5/21-601) | ||||||
18 | Sec. 21-601. Public, education, and government access. For | ||||||
19 | the purposes of this Section, "programming" means content | ||||||
20 | produced or provided by any person, group, governmental agency, | ||||||
21 | or noncommercial public or private agency or organization. | ||||||
22 | (a) Not later than 90 days after a request by the local | ||||||
23 | unit of government or its designee that has received notice | ||||||
24 | under subsection (a) of Section 21-801
of this Act, the holder | ||||||
25 | shall (i) designate the same amount of capacity on its network |
| |||||||
| |||||||
1 | to provide for public, education, and government access use as | ||||||
2 | the incumbent cable operator is required to designate under its | ||||||
3 | franchise terms in effect with a local unit of government on | ||||||
4 | January 1, 2007 and (ii) retransmit to its subscribers the same | ||||||
5 | number of public, education, and government access channels as | ||||||
6 | the incumbent cable operator was retransmitting to subscribers | ||||||
7 | on January 1, 2007. | ||||||
8 | (b) If the local unit of government produces or maintains | ||||||
9 | the public education or government programming in a manner or | ||||||
10 | form that is compatible with the holder's network, it shall | ||||||
11 | transmit such programming to the holder in that form provided | ||||||
12 | that form permits
the holder to satisfy the requirements of | ||||||
13 | subsection (c) of this Section. If the local unit of government | ||||||
14 | does not produce or maintain such programming in that manner or | ||||||
15 | form, then the holder shall be responsible for any changes in | ||||||
16 | the form of the transmission necessary to make public, | ||||||
17 | education, and government programming compatible with the | ||||||
18 | technology or protocol used by the holder to deliver services. | ||||||
19 | The holder shall receive programming from the local unit of | ||||||
20 | government (or the local unit of government's public, | ||||||
21 | education, and government programming providers) and transmit | ||||||
22 | that public, education, and government programming directly to | ||||||
23 | the holder's subscribers within the local unit of government's | ||||||
24 | jurisdiction at no cost to the local unit of government or the | ||||||
25 | public, education, and government programming providers. If | ||||||
26 | the holder is required to change the form of the transmission, |
| |||||||
| |||||||
1 | the local unit of government or its designee shall provide | ||||||
2 | reasonable access to the holder to allow the holder to transmit | ||||||
3 | the public, education, and government programming in an | ||||||
4 | economical manner subject to the requirements of subsection (c) | ||||||
5 | of this Section. | ||||||
6 | (c) The holder shall provide to subscribers public, | ||||||
7 | education, and government access channel capacity at | ||||||
8 | equivalent visual and audio quality and equivalent | ||||||
9 | functionality, from the viewing perspective of the subscriber, | ||||||
10 | to that of commercial channels carried on the holder's basic | ||||||
11 | cable or video service offerings or tiers without the need for | ||||||
12 | any equipment other than the equipment necessary to receive the | ||||||
13 | holder's basic cable or video service offerings or tiers. | ||||||
14 | (d) The holder and an incumbent cable operator shall | ||||||
15 | negotiate in good faith to interconnect their networks, if | ||||||
16 | needed, for the purpose of providing public, education, and | ||||||
17 | government programming. Interconnection may be accomplished by | ||||||
18 | direct cable, microwave link, satellite, or other reasonable | ||||||
19 | method of connection. The holder and the incumbent cable | ||||||
20 | operator shall provide interconnection of the public, | ||||||
21 | education, and government channels on reasonable terms and | ||||||
22 | conditions and may not withhold the interconnection. If a | ||||||
23 | holder and an incumbent cable operator cannot reach a mutually | ||||||
24 | acceptable interconnection agreement, the local unit of | ||||||
25 | government may require the incumbent cable operator to allow | ||||||
26 | the holder to interconnect its network with the incumbent cable |
| |||||||
| |||||||
1 | operator's network at a technically feasible point on their | ||||||
2 | networks. If no technically feasible point for interconnection | ||||||
3 | is available, the holder and an incumbent cable operator shall | ||||||
4 | each make an interconnection available to the public, | ||||||
5 | education, and government channel originators at their local | ||||||
6 | origination points and shall provide the facilities necessary | ||||||
7 | for the interconnection. The cost of any interconnection shall | ||||||
8 | be borne by the holder unless otherwise agreed to by the | ||||||
9 | parties. The interconnection required by this subsection shall | ||||||
10 | be completed within the 90-day deadline set forth in subsection | ||||||
11 | (a) of this Section. | ||||||
12 | (e) The public, education, and government channels shall be | ||||||
13 | for the exclusive use of the local unit of government or its | ||||||
14 | designee to provide public, education, and government | ||||||
15 | programming. The public, education, and government channels | ||||||
16 | shall be used only for noncommercial purposes. However, | ||||||
17 | advertising, underwriting, or sponsorship recognition may be | ||||||
18 | carried on the channels for the purpose of funding public, | ||||||
19 | education, and government access related activities. | ||||||
20 | (f) Public, education, and government channels shall all be | ||||||
21 | carried on the holder's basic cable or video service offerings | ||||||
22 | or tiers. To the extent feasible, the public, education, and | ||||||
23 | government channels shall not be separated numerically from | ||||||
24 | other channels carried on the holder's basic cable or video | ||||||
25 | service offerings or tiers, and the channel numbers for the | ||||||
26 | public, education, and government channels shall be the same |
| |||||||
| |||||||
1 | channel numbers used by the incumbent cable operator, unless | ||||||
2 | prohibited by federal law. After the initial designation of | ||||||
3 | public, education, and government channel numbers, the channel | ||||||
4 | numbers shall not be changed without the agreement of the local | ||||||
5 | unit of government or the entity to which the local unit of | ||||||
6 | government has assigned responsibility for managing public, | ||||||
7 | education, and government access channels, unless the change is | ||||||
8 | required by federal law. Each channel shall be capable of | ||||||
9 | carrying a National Television System Committee (NTSC) | ||||||
10 | television signal. | ||||||
11 | (g) The holder shall provide a listing of public, | ||||||
12 | education, and government channels on channel cards and menus | ||||||
13 | provided to subscribers in a manner equivalent to other | ||||||
14 | channels if the holder uses such cards and menus. Further, the | ||||||
15 | holder shall provide a listing of public, education, and | ||||||
16 | government programming on its electronic program guide if such | ||||||
17 | a guide is utilized by the holder. It is the public, education, | ||||||
18 | and government entity's responsibility to provide the holder or | ||||||
19 | its designated agent, as determined by the holder, with program | ||||||
20 | schedules and information in a timely manner. | ||||||
21 | (h) If less than 3
public, education, and government | ||||||
22 | channels are provided within the local unit of government as of | ||||||
23 | January 1, 2007, a local unit of government whose jurisdiction | ||||||
24 | lies within the authorized service area of the holder may | ||||||
25 | initially request the holder to designate sufficient capacity | ||||||
26 | for up to 3
public, education, and government channels. A local |
| |||||||
| |||||||
1 | unit of government or its designee that seeks to add additional | ||||||
2 | capacity shall give the holder a written notification | ||||||
3 | specifying the number of additional channels to be used, | ||||||
4 | specifying the number of channels in actual use, and verifying | ||||||
5 | that the additional channels requested will be put into actual | ||||||
6 | use. | ||||||
7 | (i) The holder shall, within 90 days of a request by the | ||||||
8 | local unit of government or its designated public, education, | ||||||
9 | or government access entity, provide sufficient capacity for an | ||||||
10 | additional channel for public, education, and government | ||||||
11 | access when the programming on a given access channel exceeds | ||||||
12 | 40 hours per week as measured on a quarterly basis. The | ||||||
13 | additional channel shall not be used for any purpose other than | ||||||
14 | for carrying additional public, education, or government | ||||||
15 | access programming. | ||||||
16 | (j) The public, education, and government access | ||||||
17 | programmer is solely responsible for the content that it | ||||||
18 | provides over designated public, education, or government | ||||||
19 | channels. A holder shall not exercise any editorial control | ||||||
20 | over any programming on any channel designed for public, | ||||||
21 | education, or government use or on any other channel required | ||||||
22 | by law or a binding agreement with the local unit of | ||||||
23 | government. | ||||||
24 | (k) A holder shall not be subject to any civil or criminal | ||||||
25 | liability for any program carried on any channel designated for | ||||||
26 | public, education, or government use. |
| |||||||
| |||||||
1 | (l) A court of competent jurisdiction shall have exclusive | ||||||
2 | jurisdiction to enforce any requirement under this Section or | ||||||
3 | resolve any dispute regarding the requirements set forth in | ||||||
4 | this Section, and no provider of cable service or video service | ||||||
5 | may be barred from providing service or be required to | ||||||
6 | terminate service as a result of that dispute or enforcement | ||||||
7 | action.
| ||||||
8 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) | ||||||
9 | (220 ILCS 5/21-701) | ||||||
10 | Sec. 21-701. Emergency alert system. The holder shall | ||||||
11 | comply with all applicable requirements of the Federal | ||||||
12 | Communications Commission involving the distribution and | ||||||
13 | notification of federal, State, and local emergency messages | ||||||
14 | over the emergency alert system applicable to cable operators. | ||||||
15 | The holder will provide a requesting local unit of government | ||||||
16 | with sufficient information regarding how to submit, via | ||||||
17 | telephone or web listing, a local emergency alert for | ||||||
18 | distribution over its cable or video network. To the extent | ||||||
19 | that a local unit of government requires incumbent cable | ||||||
20 | operators to provide emergency alert system messages or | ||||||
21 | services in excess of the requirements of this Section, the | ||||||
22 | holder shall comply with any such additional requirements | ||||||
23 | within the jurisdiction of the local franchising authority. The | ||||||
24 | holder may provide a local emergency alert to an area larger | ||||||
25 | than the boundaries of the local unit of government issuing the |
| |||||||
| |||||||
1 | emergency alert.
| ||||||
2 | (Source: P.A. 95-9, eff. 6-30-07 .) | ||||||
3 | (220 ILCS 5/21-801) | ||||||
4 | Sec. 21-801. Applicable fees payable to the local unit of | ||||||
5 | government. | ||||||
6 | (a) Prior to offering cable service or video service in a | ||||||
7 | local unit of government's jurisdiction, a holder shall notify | ||||||
8 | the local unit of government. The notice shall be given to the | ||||||
9 | local unit of government at least 10 days before the holder | ||||||
10 | begins to offer cable service or video service within the | ||||||
11 | boundaries of that local unit of government. | ||||||
12 | (b) In any local unit of government in which a holder | ||||||
13 | offers cable service or video service on a commercial basis, | ||||||
14 | the holder shall be liable for and pay the service provider fee | ||||||
15 | to the local unit of government. The local unit of government | ||||||
16 | shall adopt an ordinance imposing such a fee. The holder's | ||||||
17 | liability for the fee shall commence on the first day of the | ||||||
18 | calendar month that is at least 30 days after the holder | ||||||
19 | receives such ordinance. For any such ordinance adopted on or | ||||||
20 | after the effective date of this amendatory Act of the 99th | ||||||
21 | General Assembly, the holder's liability shall commence on the | ||||||
22 | first day of the calendar month that is at least 30 days after | ||||||
23 | the adoption of such ordinance. The ordinance shall be sent by | ||||||
24 | mail, postage prepaid, to the address listed on the holder's | ||||||
25 | application provided to the local unit of government pursuant |
| |||||||
| |||||||
1 | to item (6) of subsection (b) of Section 21-401 of this Act. | ||||||
2 | The fee authorized by this Section shall be 5% of gross | ||||||
3 | revenues or the same as the fee paid to the local unit of | ||||||
4 | government by any incumbent cable operator providing cable | ||||||
5 | service. The payment of the service provider fee shall be due | ||||||
6 | on a quarterly basis, 45 days after the close of the calendar | ||||||
7 | quarter. If mailed, the fee is considered paid on the date it | ||||||
8 | is postmarked. Except as provided in this Article, the local | ||||||
9 | unit of government may not demand any additional fees or | ||||||
10 | charges from the holder and may not demand the use of any other | ||||||
11 | calculation method other than allowed under this Article. | ||||||
12 | (c) For purposes of this Article, "gross revenues" means | ||||||
13 | all consideration of any kind or nature, including, without | ||||||
14 | limitation, cash, credits, property, and in-kind contributions | ||||||
15 | received by the holder for the operation of a cable or video | ||||||
16 | system to provide cable service or video service within the | ||||||
17 | holder's cable service or video service area within the local | ||||||
18 | unit of government's jurisdiction. | ||||||
19 | (1) Gross revenues shall include the following: | ||||||
20 | (i) Recurring charges for cable service or video | ||||||
21 | service. | ||||||
22 | (ii) Event-based charges for cable service or | ||||||
23 | video service, including, but not limited to, | ||||||
24 | pay-per-view and video-on-demand charges. | ||||||
25 | (iii) Rental of set-top
boxes and other cable | ||||||
26 | service or video service equipment. |
| |||||||
| |||||||
1 | (iv) Service charges related to the provision of | ||||||
2 | cable service or video service, including, but not | ||||||
3 | limited to, activation, installation, and repair | ||||||
4 | charges. | ||||||
5 | (v) Administrative charges related to the | ||||||
6 | provision of cable service or video service, including | ||||||
7 | but not limited to service order and service | ||||||
8 | termination charges. | ||||||
9 | (vi) Late payment fees or charges, insufficient | ||||||
10 | funds check charges, and other charges assessed to | ||||||
11 | recover the costs of collecting delinquent payments. | ||||||
12 | (vii) A pro rata portion of all revenue derived by | ||||||
13 | the holder or its affiliates pursuant to compensation | ||||||
14 | arrangements for advertising or for promotion or | ||||||
15 | exhibition of any products or services derived from the | ||||||
16 | operation of the holder's network to provide cable | ||||||
17 | service or video service within the local unit of | ||||||
18 | government's jurisdiction. The allocation shall be | ||||||
19 | based on the number of subscribers in the local unit of | ||||||
20 | government divided by the total number of subscribers | ||||||
21 | in relation to the relevant regional or national | ||||||
22 | compensation arrangement. | ||||||
23 | (viii) Compensation received by the holder that is | ||||||
24 | derived from the operation of the holder's network to | ||||||
25 | provide cable service or video service with respect to | ||||||
26 | commissions that are received by the holder as |
| |||||||
| |||||||
1 | compensation for promotion or exhibition of any | ||||||
2 | products or services on the holder's network, such as a | ||||||
3 | "home shopping" or similar channel, subject to item | ||||||
4 | (ix) of this paragraph (1). | ||||||
5 | (ix) In the case of a cable service or video | ||||||
6 | service that is bundled or integrated functionally | ||||||
7 | with other services, capabilities, or applications, | ||||||
8 | the portion of the holder's revenue attributable to the | ||||||
9 | other services, capabilities, or applications shall be | ||||||
10 | included in gross revenue unless the holder can | ||||||
11 | reasonably identify the division or exclusion of the | ||||||
12 | revenue from its books and records that are kept in the | ||||||
13 | regular course of business. | ||||||
14 | (x) The service provider fee permitted by | ||||||
15 | subsection (b) of this Section. | ||||||
16 | (2) Gross revenues do not include any of the following: | ||||||
17 | (i) Revenues not actually received, even if | ||||||
18 | billed, such as bad debt, subject to item (vi) of | ||||||
19 | paragraph (1) of this subsection (c). | ||||||
20 | (ii) Refunds, discounts, or other price | ||||||
21 | adjustments that reduce the amount of gross revenues | ||||||
22 | received by the holder of the State-issued | ||||||
23 | authorization to the extent the refund, rebate, | ||||||
24 | credit, or discount is attributable to cable service or | ||||||
25 | video service. | ||||||
26 | (iii) Regardless of whether the services are |
| |||||||
| |||||||
1 | bundled, packaged, or functionally integrated with | ||||||
2 | cable service or video service, any revenues received | ||||||
3 | from services not classified as cable service or video | ||||||
4 | service, including, without limitation, revenue | ||||||
5 | received from telecommunications services, information | ||||||
6 | services, or the provision of directory or Internet | ||||||
7 | advertising, including yellow pages, white pages, | ||||||
8 | banner advertisement, and electronic publishing, or | ||||||
9 | any other revenues attributed by the holder to noncable | ||||||
10 | service or nonvideo service in accordance with the | ||||||
11 | holder's books and records and records kept in the | ||||||
12 | regular course of business and any applicable laws, | ||||||
13 | rules, regulations, standards, or orders. | ||||||
14 | (iv) The sale of cable services or video services | ||||||
15 | for resale in which the purchaser is required to | ||||||
16 | collect the service provider fee from the purchaser's | ||||||
17 | subscribers to the extent the purchaser certifies in | ||||||
18 | writing that it will resell the service within the | ||||||
19 | local unit of government's jurisdiction and pay the fee | ||||||
20 | permitted by subsection (b) of this Section
with | ||||||
21 | respect to the service. | ||||||
22 | (v) Any tax or fee of general applicability imposed | ||||||
23 | upon the subscribers or the transaction by a city, | ||||||
24 | State, federal, or any other governmental entity and | ||||||
25 | collected by the holder of the State-issued | ||||||
26 | authorization and required to be remitted to the taxing |
| |||||||
| |||||||
1 | entity, including sales and use taxes. | ||||||
2 | (vi) Security deposits collected from subscribers. | ||||||
3 | (vii) Amounts paid by subscribers to "home | ||||||
4 | shopping" or similar vendors for merchandise sold | ||||||
5 | through any home shopping channel offered as part of | ||||||
6 | the cable service or video service. | ||||||
7 | (3) Revenue of an affiliate of a holder shall be | ||||||
8 | included in the calculation of gross revenues to the extent | ||||||
9 | the treatment of the revenue as revenue of the affiliate | ||||||
10 | rather than the holder has the effect of evading the | ||||||
11 | payment of the fee permitted by subsection (b) of this | ||||||
12 | Section
which would otherwise be paid by the cable service | ||||||
13 | or video service. | ||||||
14 | (d)(1) Except for a holder providing cable service that is | ||||||
15 | subject to the fee in subsection (i) of this Section, the | ||||||
16 | holder shall pay to the local unit of government or the entity | ||||||
17 | designated by that local unit of government to manage public, | ||||||
18 | education, and government access, upon request as support for | ||||||
19 | public, education, and government access, a fee equal to no | ||||||
20 | less than (i) 1% of gross revenues or (ii) if greater, the | ||||||
21 | percentage of gross revenues that incumbent cable operators pay | ||||||
22 | to the local unit of government or its designee for public, | ||||||
23 | education, and government access support in the local unit of | ||||||
24 | government's jurisdiction. For purposes of item (ii) of | ||||||
25 | paragraph (1) of this subsection (d), the percentage of gross | ||||||
26 | revenues that all incumbent cable operators pay shall be equal |
| |||||||
| |||||||
1 | to the annual sum of the payments that incumbent cable | ||||||
2 | operators in the service area are obligated to pay by | ||||||
3 | franchises and agreements or by contracts with the local | ||||||
4 | government designee for public, education and government | ||||||
5 | access in effect on January 1, 2007, including the total of any | ||||||
6 | lump sum payments required to be made over the term of each | ||||||
7 | franchise or agreement divided by the number of years of the | ||||||
8 | applicable term, divided by the annual sum of such incumbent | ||||||
9 | cable operator's or operators'
gross revenues during the | ||||||
10 | immediately prior calendar year. The sum of payments includes | ||||||
11 | any payments that an incumbent cable operator is required to | ||||||
12 | pay pursuant to item (3) of subsection (c) of Section 21-301. | ||||||
13 | (2) A local unit of government may require all holders of a | ||||||
14 | State-issued authorization and all cable operators franchised | ||||||
15 | by that local unit of government on June 30, 2007 (the | ||||||
16 | effective date of this Section)
in the franchise area to | ||||||
17 | provide to the local unit of government, or to the entity | ||||||
18 | designated by that local unit of government to manage public, | ||||||
19 | education, and government access, information sufficient to | ||||||
20 | calculate the public, education, and government access | ||||||
21 | equivalent fee and any credits under paragraph (1) of this | ||||||
22 | subsection (d). | ||||||
23 | (3) The fee shall be due on a quarterly basis and paid 45 | ||||||
24 | days after the close of the calendar quarter. Each payment | ||||||
25 | shall include a statement explaining the basis for the | ||||||
26 | calculation of the fee. If mailed, the fee is considered paid |
| |||||||
| |||||||
1 | on the date it is postmarked. The liability of the holder for | ||||||
2 | payment of the fee under this subsection shall commence on the | ||||||
3 | same date as the payment of the service provider fee pursuant | ||||||
4 | to subsection (b) of this Section. | ||||||
5 | (e) The holder may identify and collect the amount of the | ||||||
6 | service provider fee as a separate line item on the regular | ||||||
7 | bill of each subscriber. | ||||||
8 | (f) The holder may identify and collect the amount of the | ||||||
9 | public, education, and government programming support fee as a | ||||||
10 | separate line item on the regular bill of each subscriber. | ||||||
11 | (g) All determinations and computations under this Section | ||||||
12 | shall be made pursuant to the definition of gross revenues set | ||||||
13 | forth in this Section and shall be made pursuant to generally | ||||||
14 | accepted accounting principles. | ||||||
15 | (h) Nothing contained in this Article shall be construed to | ||||||
16 | exempt a holder from any tax that is or may later be imposed by | ||||||
17 | the local unit of government, including any tax that is or may | ||||||
18 | later be required to be paid by or through the holder with | ||||||
19 | respect to cable service or video service. A State-issued | ||||||
20 | authorization shall not affect any requirement of the holder | ||||||
21 | with respect to payment of the local unit of government's | ||||||
22 | simplified municipal telecommunications tax or any other tax as | ||||||
23 | it applies to any telephone service provided by the holder. A | ||||||
24 | State-issued authorization shall not affect any requirement of | ||||||
25 | the holder with respect to payment of the local unit of | ||||||
26 | government's 911 or E911 fees, taxes, or charges.
|
| |||||||
| |||||||
1 | (i) Except for a municipality having a population of | ||||||
2 | 2,000,000 or more, the fee imposed under paragraph (1) of | ||||||
3 | subsection (d) by a local unit of government against a holder | ||||||
4 | who is a cable operator shall be as follows: | ||||||
5 | (1) the fee shall be collected and paid only for | ||||||
6 | capital costs that are considered lawful under Subchapter | ||||||
7 | VI of the federal Communications Act of 1934, as amended, | ||||||
8 | and as implemented by the Federal Communications | ||||||
9 | Commission; | ||||||
10 | (2) the local unit of government shall impose any fee | ||||||
11 | by ordinance; and | ||||||
12 | (3) the fee may not exceed 1% of gross revenue; if, | ||||||
13 | however, on the date that an incumbent cable operator files | ||||||
14 | an application under Section 21-401, the incumbent cable | ||||||
15 | operator is operating under a franchise agreement that | ||||||
16 | imposes a fee for support for capital costs for public, | ||||||
17 | education, and government access facilities obligations in | ||||||
18 | excess of 1% of gross revenue, then the cable operator | ||||||
19 | shall continue to provide support for capital costs for | ||||||
20 | public, education, and government access facilities | ||||||
21 | obligations at the rate stated in such agreement. | ||||||
22 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | ||||||
23 | (220 ILCS 5/21-901) | ||||||
24 | Sec. 21-901. Audits. | ||||||
25 | (a) A
holder
that
has
received
State-issued
authorization
|
| |||||||
| |||||||
1 | under
this
Article
is
subject
to
an
audit
of
its
service
| ||||||
2 | provider
fees
derived
from
the
provision
of
cable
or
video
| ||||||
3 | services
to
subscribers
within
any
part
of
the
local
unit
of
| ||||||
4 | government
which
is
located
in
the
holder's
service
territory.
| ||||||
5 | Any
such
audit
shall
be
conducted
by
the
local
unit
of
| ||||||
6 | government
or
its
agent
for
the
sole
purpose
of
determining
any
| ||||||
7 | overpayment
or
underpayment
of
the
holder's
service
provider
| ||||||
8 | fee
to
the
local
unit
of
government. | ||||||
9 | (b) Beginning
on
or
after
the
effective
date
of
this
| ||||||
10 | amendatory
Act
of
the
99th
General
Assembly,
any
audit
| ||||||
11 | conducted
pursuant
to
this
Section
by
a
local
government
shall
| ||||||
12 | be
governed
by
Section
11-42-11.05
of
the
Illinois Municipal
| ||||||
13 | Code
or
Section
5-1095.1
of
the
Counties
Code.
| ||||||
14 | (Source: P.A. 99-6, eff. 6-29-15.) | ||||||
15 | (220 ILCS 5/21-1001) | ||||||
16 | Sec. 21-1001. Local unit of government authority. | ||||||
17 | (a) The holder of a State-issued authorization shall comply | ||||||
18 | with all the applicable construction and technical standards | ||||||
19 | and right-of-way occupancy standards set forth in a local unit | ||||||
20 | of government's code of ordinances relating to the use of | ||||||
21 | public rights-of-way, pole attachments, permit obligations, | ||||||
22 | indemnification, performance bonds, penalties, or liquidated | ||||||
23 | damages. The applicable requirements for a holder that is using | ||||||
24 | its existing telecommunications network or constructing a | ||||||
25 | telecommunications network shall be the same requirements that |
| |||||||
| |||||||
1 | the local unit of government imposes on telecommunications | ||||||
2 | providers in its jurisdiction. The applicable requirements for | ||||||
3 | a holder that is using or constructing a cable system shall be | ||||||
4 | the same requirements the local unit of government imposes on | ||||||
5 | other cable operators in its jurisdiction. | ||||||
6 | (b) A local unit of government shall allow the holder to | ||||||
7 | install, construct, operate, maintain, and remove a cable | ||||||
8 | service, video service, or telecommunications network within a | ||||||
9 | public right-of-way and shall provide the holder with open, | ||||||
10 | comparable, nondiscriminatory, and competitively neutral | ||||||
11 | access to the public right-of-way on the same terms applicable | ||||||
12 | to other cable service or video service providers or cable | ||||||
13 | operators in its jurisdiction. Notwithstanding any other | ||||||
14 | provisions of law, if a local unit of government is permitted | ||||||
15 | by law to require the holder of a State authorization to seek a | ||||||
16 | permit to install, construct, operate, maintain, or remove its | ||||||
17 | cable service, video service, or telecommunications network | ||||||
18 | within a public right-of-way, those permits shall be deemed | ||||||
19 | granted within 45 days after being submitted, if not otherwise | ||||||
20 | acted upon by the local unit of government, provided the holder | ||||||
21 | complies with the requirements applicable to the holder in its | ||||||
22 | jurisdiction. | ||||||
23 | (c) A local unit of government may impose reasonable terms, | ||||||
24 | but it may not discriminate against the holder with respect to | ||||||
25 | any of the following: | ||||||
26 | (1) The authorization or placement of a cable service, |
| |||||||
| |||||||
1 | video service, or telecommunications network or equipment | ||||||
2 | in public rights-of-way. | ||||||
3 | (2) Access to a building. | ||||||
4 | (3) A local unit of government utility pole attachment. | ||||||
5 | (d) If a local unit of government imposes a permit fee on | ||||||
6 | incumbent cable operators, it may impose a permit fee on the | ||||||
7 | holder only to the extent it imposes such a fee on incumbent | ||||||
8 | cable operators. In all other cases, these fees may not exceed | ||||||
9 | the actual, direct costs incurred by the local unit of | ||||||
10 | government for issuing the relevant permit. In no event may a | ||||||
11 | fee under this Section be levied if the holder already has paid | ||||||
12 | a permit fee of any kind in connection with the same activity | ||||||
13 | that would otherwise be covered by the permit fee under this | ||||||
14 | Section provided no additional equipment, work, function, or | ||||||
15 | other burden is added to the existing activity for which the | ||||||
16 | permit was issued. | ||||||
17 | (e) Nothing in this Article shall affect the rights that | ||||||
18 | any holder has under Section 4 of the Telephone Line Right of | ||||||
19 | Way Act (220 ILCS 65/4). | ||||||
20 | (f) In addition to the other requirements in this Section, | ||||||
21 | if the holder installs, upgrades, constructs, operates, | ||||||
22 | maintains, and removes facilities or equipment within a public | ||||||
23 | right-of-way to provide cable service or video service, it | ||||||
24 | shall comply with the following: | ||||||
25 | (1) The holder must locate its equipment in the | ||||||
26 | right-of-way as to cause only minimum interference with the |
| |||||||
| |||||||
1 | use of streets, alleys, and other public ways and places, | ||||||
2 | and to cause only minimum impact upon and interference with | ||||||
3 | the rights and reasonable convenience of property owners | ||||||
4 | who adjoin any of the said streets, alleys, or other public | ||||||
5 | ways. No fixtures shall be placed in any public ways in | ||||||
6 | such a manner to interfere with the usual travel on such | ||||||
7 | public ways, nor
shall such fixtures or equipment limit the | ||||||
8 | visibility of vehicular or
pedestrian traffic, or both. | ||||||
9 | (2) The holder shall comply with a local unit of | ||||||
10 | government's reasonable requests to place equipment on | ||||||
11 | public property where possible and promptly comply with | ||||||
12 | local unit of government direction with respect to the | ||||||
13 | location and screening of equipment and facilities. In | ||||||
14 | constructing or upgrading its cable or video network in the | ||||||
15 | right-of-way, the holder shall use the smallest suitable | ||||||
16 | equipment enclosures and power pedestals and cabinets then | ||||||
17 | in use by the holder for the application. | ||||||
18 | (3) The holder's construction practices shall be in | ||||||
19 | accordance with all applicable Sections of the | ||||||
20 | Occupational Safety and Health Act of 1970, as amended, as | ||||||
21 | well as all applicable State laws, including the
Civil | ||||||
22 | Administrative Code of Illinois, and local codes, where | ||||||
23 | applicable, as adopted by the local unit of government. All | ||||||
24 | installation of electronic equipment shall be of a | ||||||
25 | permanent nature, durable, and, where applicable, | ||||||
26 | installed in accordance with the provisions of the National |
| |||||||
| |||||||
1 | Electrical Safety Code of the National Bureau of Standards | ||||||
2 | and National Electrical Code of the National Board of Fire | ||||||
3 | Underwriters. | ||||||
4 | (4) The holder shall not interfere with the local unit | ||||||
5 | of government's performance of public works. Nothing in the | ||||||
6 | State-issued authorization shall be in preference or | ||||||
7 | hindrance to the right of the local unit of government to | ||||||
8 | perform or carry on any public works or public improvements | ||||||
9 | of any kind. The holder expressly agrees that it shall, at | ||||||
10 | its own expense, protect, support, temporarily disconnect, | ||||||
11 | relocate in the same street or other public place, or | ||||||
12 | remove from such street or other public place any of the | ||||||
13 | network, system, facilities, or equipment when required to | ||||||
14 | do so by the local unit of government because of necessary | ||||||
15 | public health, safety, and welfare improvements. In the | ||||||
16 | event a holder and other users of a public right-of-way, | ||||||
17 | including incumbent cable operators or utilities, are | ||||||
18 | required to relocate and compensation is paid to the users | ||||||
19 | of such public right-of-way, such parties shall be treated | ||||||
20 | equally with respect to such compensation. | ||||||
21 | (5) The holder shall comply with all local units of | ||||||
22 | government inspection requirements. The making of | ||||||
23 | post-construction, subsequent or
periodic inspections, or | ||||||
24 | both, or the failure to do so shall not operate to relieve | ||||||
25 | the holder of any responsibility, obligation, or | ||||||
26 | liability. |
| |||||||
| |||||||
1 | (6) The holder shall maintain insurance or provide | ||||||
2 | evidence of self insurance as required by an applicable | ||||||
3 | ordinance of the local unit of government. | ||||||
4 | (7) The holder shall reimburse all reasonable | ||||||
5 | make-ready expenses, including aerial and underground | ||||||
6 | installation expenses requested by the holder to the local | ||||||
7 | unit of government within 30
days of billing to the holder, | ||||||
8 | provided that such charges shall be at the same rates as | ||||||
9 | charges to others for the same or similar services. | ||||||
10 | (8) The holder shall indemnify and hold harmless the | ||||||
11 | local unit of government and all boards, officers, | ||||||
12 | employees, and representatives thereof from all claims, | ||||||
13 | demands, causes of action, liability, judgments, costs and | ||||||
14 | expenses, or losses for injury or death to persons or | ||||||
15 | damage to property owned by, and Worker's Compensation | ||||||
16 | claims against any parties indemnified herein, arising out | ||||||
17 | of, caused by, or as a result of the holder's construction, | ||||||
18 | lines, cable, erection, maintenance, use or presence of, or | ||||||
19 | removal of any poles, wires, conduit, appurtenances | ||||||
20 | thereto, or equipment or attachments thereto. The holder, | ||||||
21 | however, shall not indemnify the local unit of government | ||||||
22 | for any liabilities, damages, cost, and expense resulting | ||||||
23 | from the willful misconduct, or negligence of the local | ||||||
24 | unit of government, its officers, employees, and agents. | ||||||
25 | The obligations imposed pursuant to this Section by a local | ||||||
26 | unit of government shall be competitively neutral. |
| |||||||
| |||||||
1 | (9) The holder, upon request, shall provide the local | ||||||
2 | unit of government with information describing the | ||||||
3 | location of the cable service or video service facilities | ||||||
4 | and equipment located in the unit of local government's | ||||||
5 | rights-of-way pursuant to its State-issued authorization. | ||||||
6 | If designated by the holder as confidential, such | ||||||
7 | information provided pursuant to this subsection shall be | ||||||
8 | exempt from inspection and copying under the Freedom of | ||||||
9 | Information Act and shall not be disclosed by the unit of | ||||||
10 | local government to any third party without the written | ||||||
11 | consent of the holder.
| ||||||
12 | (Source: P.A. 99-6, eff. 6-29-15.) | ||||||
13 | (220 ILCS 5/21-1101) | ||||||
14 | Sec. 21-1101. Requirements to provide video services. | ||||||
15 | (a) The holder of a State-issued authorization shall not | ||||||
16 | deny access to cable service or video service to any potential | ||||||
17 | residential subscribers because of the race or income of the | ||||||
18 | residents in the local area in which the potential subscribers | ||||||
19 | reside. | ||||||
20 | (b) (Blank). | ||||||
21 | (c)(1) If the holder of a State-issued authorization is | ||||||
22 | using telecommunications facilities to provide cable or video | ||||||
23 | service and has more than 1,000,000 telecommunications access | ||||||
24 | lines in this State, the holder shall provide access to its | ||||||
25 | cable or video service to a number of households equal to at |
| |||||||
| |||||||
1 | least 35% of the households in the holder's telecommunications | ||||||
2 | service area in the State within 3 years after the date a | ||||||
3 | holder receives a State-issued authorization from the | ||||||
4 | Commission and to a number not less than 50% of these | ||||||
5 | households within 5 years after the date a holder receives a | ||||||
6 | State-issued authorization from the Commission; provided that | ||||||
7 | the holder of a State-issued authorization is not required to | ||||||
8 | meet the 50% requirement in this paragraph (1)
until 2 years | ||||||
9 | after at least 15% of the households with access to the | ||||||
10 | holder's video service subscribe to the service for 6 | ||||||
11 | consecutive months. | ||||||
12 | The holder's obligation to provide such access in the State | ||||||
13 | shall be distributed, as the holder determines, within 3
| ||||||
14 | designated market areas, one in each of the northeastern, | ||||||
15 | central, and southwestern portions of the holder's | ||||||
16 | telecommunications service area in the State. The designated | ||||||
17 | market area for the northeastern portion shall consist of 2
| ||||||
18 | separate and distinct reporting areas: (i) a city with more | ||||||
19 | than 1,000,000 inhabitants, and (ii) all other local units of | ||||||
20 | government on a combined basis within such designated market | ||||||
21 | area in which it offers video service. | ||||||
22 | If any state, in which a holder subject to this subsection | ||||||
23 | (c) or one of its affiliates provides or seeks to provide cable | ||||||
24 | or video service, adopts a law permitting state-issued | ||||||
25 | authorization or statewide franchises to provide cable or video | ||||||
26 | service that requires a cable or video provider to offer |
| |||||||
| |||||||
1 | service to more than 35% of the households in the cable or | ||||||
2 | video provider's service area in that state within 3 years, | ||||||
3 | holders subject to this subsection (c) shall provide service in | ||||||
4 | this State to the same percentage of households within 3 years | ||||||
5 | of adoption of such law in that state. | ||||||
6 | Furthermore, if any state, in which a holder subject to | ||||||
7 | this subsection (c) or one of its affiliates provides or seeks | ||||||
8 | to provide cable or video service, adopts a law requiring a | ||||||
9 | holder of a state-issued authorization or statewide franchises | ||||||
10 | to offer cable or video service to more than 35% of its | ||||||
11 | households if less than 15% of the households with access to | ||||||
12 | the holder's video service subscribe to the service for 6 | ||||||
13 | consecutive months, then as a precondition to further | ||||||
14 | build-out, holders subject to this subsection (c) shall be | ||||||
15 | subject to the same percentage of service subscription in | ||||||
16 | meeting its obligation to provide service to 50% of the | ||||||
17 | households in this State.
| ||||||
18 | (2) Within 3 years after the date a holder receives a | ||||||
19 | State-issued authorization from the Commission, at least 30% of | ||||||
20 | the total households with access to the holder's cable or video | ||||||
21 | service shall be low-income. | ||||||
22 | Within each designated market area listed in paragraph (1) | ||||||
23 | of this subsection (c), the holder's obligation to offer | ||||||
24 | service to low-income households shall be measured by each | ||||||
25 | exchange, as that term is defined in Section 13-206 of this
Act | ||||||
26 | in which the holder chooses to provide cable or video service. |
| |||||||
| |||||||
1 | The holder is under no obligation to serve or provide access to | ||||||
2 | an entire exchange; however, in addition to the statewide | ||||||
3 | obligation to provide low-income access provided by this | ||||||
4 | Section, in each exchange in which the holder chooses to | ||||||
5 | provide cable or video service, the holder shall provide access | ||||||
6 | to a percentage of low-income households that is at least equal | ||||||
7 | to the percentage of the total low-income households within | ||||||
8 | that exchange. | ||||||
9 | (d)(1) All other holders shall only provide access to one | ||||||
10 | or more exchanges, as that term is defined in Section 13-206 of | ||||||
11 | this
Act, or to local units of government and shall provide | ||||||
12 | access to their cable or video service to a number of | ||||||
13 | households equal to 35% of the households in the exchange or | ||||||
14 | local unit of government within 3 years after the date a holder | ||||||
15 | receives a State-issued authorization from the Commission and | ||||||
16 | to a number not less than 50% of these households within 5 | ||||||
17 | years after the date a holder receives a State-issued | ||||||
18 | authorization from the Commission, provided that if the holder | ||||||
19 | is an incumbent cable operator or any successor-in-interest | ||||||
20 | company, it shall be obligated to provide access to cable or | ||||||
21 | video services within the jurisdiction of a local unit of | ||||||
22 | government at the same levels required by the local franchising | ||||||
23 | authorities for that local unit of government on June 30, 2007 | ||||||
24 | (the effective date of Public Act 95-9). | ||||||
25 | (2) Within 3 years after the date a holder receives a | ||||||
26 | State-issued authorization from the Commission, at least 30% of |
| |||||||
| |||||||
1 | the total households with access to the holder's cable or video | ||||||
2 | service shall be low-income. | ||||||
3 | Within each designated exchange, as that term is defined in | ||||||
4 | Section 13-206 of this
Act, or local unit of government listed | ||||||
5 | in paragraph (1) of this subsection (d), the holder's | ||||||
6 | obligation to offer service to low-income households shall be | ||||||
7 | measured by each exchange or local unit of government in which | ||||||
8 | the holder chooses to provide cable or video service. Except as | ||||||
9 | provided in paragraph (1) of this subsection (d), the holder is | ||||||
10 | under no obligation to serve or provide access to an entire | ||||||
11 | exchange or local unit of government; however, in addition to | ||||||
12 | the statewide obligation to provide low-income access provided | ||||||
13 | by this Section, in each exchange or local unit of government | ||||||
14 | in which the holder chooses to provide cable or video service, | ||||||
15 | the holder shall provide access to a percentage of low-income | ||||||
16 | households that is at least equal to the percentage of the | ||||||
17 | total low-income households within that exchange or local unit | ||||||
18 | of government. | ||||||
19 | (e) A holder subject to subsection (c) of this Section | ||||||
20 | shall provide wireline broadband service, defined as wireline | ||||||
21 | service, capable of supporting, in at least one direction, a | ||||||
22 | speed in excess of 200 kilobits per second (kbps), to the | ||||||
23 | network demarcation point at the subscriber's premises, to a | ||||||
24 | number of households equal to 90% of the households in the | ||||||
25 | holder's telecommunications service area by December 31, 2008, | ||||||
26 | or shall pay within 30 days of December 31, 2008 a sum of |
| |||||||
| |||||||
1 | $15,000,000 to the Digital Divide Elimination Infrastructure | ||||||
2 | Fund established pursuant to Section 13-301.3 of this Act, or | ||||||
3 | any successor fund established by the General Assembly. In that | ||||||
4 | event the holder is required to make a payment pursuant to this | ||||||
5 | subsection (e), the holder shall have no further accounting for | ||||||
6 | this payment, which shall be used in any part of the State for | ||||||
7 | the purposes established in the Digital Divide Elimination | ||||||
8 | Infrastructure Fund or for broadband deployment. | ||||||
9 | (f) The holder of a State-issued authorization may satisfy | ||||||
10 | the requirements of subsections (c) and (d) of this Section | ||||||
11 | through the use of any technology, which shall not include | ||||||
12 | direct-to-home satellite service, that offers service, | ||||||
13 | functionality, and content that is demonstrably similar to that | ||||||
14 | provided through the holder's video service system. | ||||||
15 | (g) In any investigation into or complaint alleging that | ||||||
16 | the holder of a State-issued authorization has failed to meet | ||||||
17 | the requirements of this Section, the following factors may be | ||||||
18 | considered in justification or mitigation or as justification | ||||||
19 | for an extension of time to meet the requirements of | ||||||
20 | subsections (c) and (d) of this Section: | ||||||
21 | (1) The inability to obtain access to public and | ||||||
22 | private rights-of-way under reasonable terms and | ||||||
23 | conditions. | ||||||
24 | (2) Barriers to competition arising from existing | ||||||
25 | exclusive service arrangements in developments or | ||||||
26 | buildings. |
| |||||||
| |||||||
1 | (3) The inability to access developments or buildings | ||||||
2 | using reasonable technical solutions under commercially | ||||||
3 | reasonable terms and conditions. | ||||||
4 | (4) Natural disasters. | ||||||
5 | (5) Other factors beyond the control of the holder. | ||||||
6 | (h) If the holder relies on the factors identified in | ||||||
7 | subsection (g) of this Section in response to an investigation | ||||||
8 | or complaint, the holder shall demonstrate the following: | ||||||
9 | (1) what substantial effort the holder of a | ||||||
10 | State-issued authorization has taken to meet the | ||||||
11 | requirements of subsection
(a) or (c) of this Section; | ||||||
12 | (2) which portions of subsection (g) of this Section | ||||||
13 | apply; and | ||||||
14 | (3) the number of days it has been delayed or the | ||||||
15 | requirements it cannot perform as a consequence of | ||||||
16 | subsection (g) of this Section. | ||||||
17 | (i) The factors in subsection (g) of this Section may be | ||||||
18 | considered by the Attorney General or by a court of competent | ||||||
19 | jurisdiction in determining whether the holder is in violation | ||||||
20 | of this Article. | ||||||
21 | (j) Every holder of a State-issued authorization, no later | ||||||
22 | than April 1, 2009, and annually no later than April 1 | ||||||
23 | thereafter, shall report to the Commission for each of the | ||||||
24 | service areas as described in subsections (c) and (d) of this | ||||||
25 | Section in which it provides access to its video service in the | ||||||
26 | State, the following information: |
| |||||||
| |||||||
1 | (1) Cable service and video service information: | ||||||
2 | (A) The number of households in the holder's | ||||||
3 | telecommunications service area within each designated | ||||||
4 | market area as described in subsection (c) of this | ||||||
5 | Section or exchange or local unit of government as | ||||||
6 | described in subsection (d) of this Section in which it | ||||||
7 | offers video service. | ||||||
8 | (B) The number of households in the holder's | ||||||
9 | telecommunications service area within each designated | ||||||
10 | market area as described in subsection (c) of this | ||||||
11 | Section or exchange or local unit of government as | ||||||
12 | described in subsection (d) of this Section that are | ||||||
13 | offered access to video service by the holder. | ||||||
14 | (C) The number of households in the holder's | ||||||
15 | telecommunications service area in the State. | ||||||
16 | (D) The number of households in the holder's | ||||||
17 | telecommunications service area in the State that are | ||||||
18 | offered access to video service by the holder. | ||||||
19 | (2) Low-income household information: | ||||||
20 | (A) The number of low-income households in the | ||||||
21 | holder's telecommunications service area within each | ||||||
22 | designated market area as described in subsection (c) | ||||||
23 | of this Section, as further identified in terms of | ||||||
24 | exchanges, or exchange or local unit of government as | ||||||
25 | described in subsection (d) of this Section in which it | ||||||
26 | offers video service. |
| |||||||
| |||||||
1 | (B) The number of low-income households in the | ||||||
2 | holder's telecommunications service area within each | ||||||
3 | designated market area as described in subsection (c) | ||||||
4 | of this Section, as further identified in terms of | ||||||
5 | exchanges, or exchange or local unit of government as | ||||||
6 | described in subsection (d) of this Section in the | ||||||
7 | State that are offered access to video service by the | ||||||
8 | holder. | ||||||
9 | (C) The number of low-income households in the | ||||||
10 | holder's telecommunications service area in the State. | ||||||
11 | (D) The number of low-income households in the | ||||||
12 | holder's telecommunications service area in the State | ||||||
13 | that are offered access to video service by the holder. | ||||||
14 | (j-5) The requirements of subsection (c) of this Section | ||||||
15 | shall be satisfied upon the filing of an annual report with the | ||||||
16 | Commission in compliance with subsection (j) of this Section, | ||||||
17 | including an annual report filed prior to this amendatory Act | ||||||
18 | of the 98th General Assembly, that demonstrates the holder of | ||||||
19 | the authorization has satisfied the requirements of subsection | ||||||
20 | (c) of this Section for each of the service areas in which it | ||||||
21 | provides access to its cable service or video service in the | ||||||
22 | State. Notwithstanding the continued application of this | ||||||
23 | Article to the holder, upon satisfaction of the requirements of | ||||||
24 | subsection (c) of this Section, only the requirements of | ||||||
25 | subsection (a) of this Section 21-1101 of this Act and the | ||||||
26 | following reporting requirements shall continue to apply to |
| |||||||
| |||||||
1 | such holder: | ||||||
2 | (1) Cable service and video service information: | ||||||
3 | (A) The number of households in the holder's | ||||||
4 | telecommunications service area within each designated | ||||||
5 | market area in which it offers cable service or video | ||||||
6 | service. | ||||||
7 | (B) The number of households in the holder's | ||||||
8 | telecommunications service area within each designated | ||||||
9 | market area that are offered access to cable service or | ||||||
10 | video service by the holder. | ||||||
11 | (C) The number of households in the holder's | ||||||
12 | telecommunications service area in the State. | ||||||
13 | (D) The number of households in the holder's | ||||||
14 | telecommunications service area in the State that are | ||||||
15 | offered access to cable service or video service by the | ||||||
16 | holder. | ||||||
17 | (E) The exchanges or local units of government in | ||||||
18 | which the holder added cable service or video service | ||||||
19 | in the prior year. | ||||||
20 | (2) Low-income household information: | ||||||
21 | (A) The number of low-income households in the | ||||||
22 | holder's telecommunications service area within each | ||||||
23 | designated market area in which it offers video | ||||||
24 | service. | ||||||
25 | (B) The number of low-income households in the | ||||||
26 | holder's telecommunications service area within each |
| |||||||
| |||||||
1 | designated market area that are offered access to video | ||||||
2 | service by the holder. | ||||||
3 | (C) The number of low-income households in the | ||||||
4 | holder's telecommunications service area in the State. | ||||||
5 | (D) The number of low-income households in the | ||||||
6 | holder's telecommunications service area in the State | ||||||
7 | that are offered access to video service by the holder. | ||||||
8 | (j-10) The requirements of subsection (d) of this Section | ||||||
9 | shall be satisfied upon the filing of an annual report with the | ||||||
10 | Commission in compliance with subsection (j) of this Section, | ||||||
11 | including an annual report filed prior to this amendatory Act | ||||||
12 | of the 98th General Assembly, that demonstrates the holder of | ||||||
13 | the authorization has satisfied the requirements of subsection | ||||||
14 | (d) of this Section for each of the service areas in which it | ||||||
15 | provides access to its cable service or video service in the | ||||||
16 | State. Notwithstanding the continued application of this | ||||||
17 | Article to the holder, upon satisfaction of the requirements of | ||||||
18 | subsection (d) of this Section, only the requirements of | ||||||
19 | subsection (a) of this Section and the following reporting | ||||||
20 | requirements shall continue to apply to such holder: | ||||||
21 | (1) Cable service and video service information: | ||||||
22 | (A) The number of households in the holder's | ||||||
23 | footprint in which it offers cable service or video | ||||||
24 | service. | ||||||
25 | (B) The number of households in the holder's | ||||||
26 | footprint that are offered access to cable service or |
| |||||||
| |||||||
1 | video service by the holder. | ||||||
2 | (C) The exchanges or local units of government in | ||||||
3 | which the holder added cable service or video service | ||||||
4 | in the prior year. | ||||||
5 | (2) Low-income household information: | ||||||
6 | (A) The number of low-income households in the | ||||||
7 | holder's footprint in which it offers cable service or | ||||||
8 | video service. | ||||||
9 | (B) The number of low-income households in the | ||||||
10 | holder's footprint that are offered access to cable | ||||||
11 | service or video service by the holder. | ||||||
12 | (k) The Commission, within 30 days of receiving the first | ||||||
13 | report from holders under this Section, and annually no later | ||||||
14 | than July 1 thereafter, shall submit to the General Assembly a | ||||||
15 | report that includes, based on year-end data, the information | ||||||
16 | submitted by holders pursuant to subdivisions (1) and (2) of | ||||||
17 | subsections (j), (j-5), and (j-10)
of this Section. The | ||||||
18 | Commission shall make this report available to any member of | ||||||
19 | the public or any local unit of government upon request. All | ||||||
20 | information submitted to the Commission and designated by | ||||||
21 | holders as confidential and proprietary shall be subject to the | ||||||
22 | disclosure provisions in subsection (c) of Section 21-401 of | ||||||
23 | this Act. No individually identifiable customer information | ||||||
24 | shall be subject to public disclosure.
| ||||||
25 | (Source: P.A. 98-45, eff. 6-28-13 .) |
| |||||||
| |||||||
1 | (220 ILCS 5/21-1201) | ||||||
2 | Sec. 21-1201. Multiple-unit dwellings; interference with | ||||||
3 | holder prohibited. | ||||||
4 | (a) Neither the owner of any multiple-unit residential | ||||||
5 | dwelling nor an agent or representative nor an assignee, | ||||||
6 | grantee, licensee, or similar holders of rights, including | ||||||
7 | easements, in any multiple-unit residential dwelling (the | ||||||
8 | "owner, agent or representative") shall unreasonably interfere | ||||||
9 | with the right of any tenant or lawful resident thereof to | ||||||
10 | receive cable service or video service installation or | ||||||
11 | maintenance from a holder of a State-issued authorization, or | ||||||
12 | related service that includes, but is not limited to, voice | ||||||
13 | service, Internet access or other broadband services (alone or | ||||||
14 | in combination) provided over the holder's cable services or | ||||||
15 | video services facilities; provided, however, the owner, | ||||||
16 | agent, or representative may require just and reasonable | ||||||
17 | compensation from the holder for its access to and use of such | ||||||
18 | property to provide installation, operation, maintenance, or | ||||||
19 | removal of such cable service or video service or related | ||||||
20 | services. For purposes of this Section, "access to and use of | ||||||
21 | such property" shall be provided in a nondiscriminatory manner | ||||||
22 | to all cable and video providers offering or providing services | ||||||
23 | at such property and includes common areas of such | ||||||
24 | multiple-unit dwelling, inside wire in the individual unit of | ||||||
25 | any tenant or lawful resident thereof that orders or receives | ||||||
26 | such service and the right to use and connect to building |
| |||||||
| |||||||
1 | infrastructure, including but not limited to existing cables, | ||||||
2 | wiring, conduit or inner duct, to provide cable service or | ||||||
3 | video service or related services. If there is a dispute | ||||||
4 | regarding the just compensation for such access and use, the | ||||||
5 | owner, agent, or representative shall obtain the payment of | ||||||
6 | just compensation from the holder pursuant to the process and | ||||||
7 | procedures applicable to an owner and franchisee in subsections | ||||||
8 | (c), (d), and (e) of Section 11-42-11.1 of the Illinois | ||||||
9 | Municipal Code (65 ILCS 5/11-42-11.1). | ||||||
10 | (b) Neither the owner of any multiple-unit residential | ||||||
11 | dwelling nor an agent or representative shall ask, demand, or | ||||||
12 | receive any additional payment, service, or gratuity in any | ||||||
13 | form from any tenant or lawful resident thereof as a condition | ||||||
14 | for permitting or cooperating with the installation of a cable | ||||||
15 | service or video service or related services to the dwelling | ||||||
16 | unit occupied by a tenant or resident requesting such service. | ||||||
17 | (c) Neither the owner of any multiple-unit residential | ||||||
18 | dwelling nor an agent or representative shall penalize, charge, | ||||||
19 | or surcharge a tenant or resident, forfeit or threaten to | ||||||
20 | forfeit any right of such tenant or resident, or discriminate | ||||||
21 | in any way against such tenant or resident who requests or | ||||||
22 | receives cable service or video service or related services | ||||||
23 | from a holder. | ||||||
24 | (d) Nothing in this Section shall prohibit the owner of any | ||||||
25 | multiple-unit residential dwelling nor an agent or | ||||||
26 | representative from requiring that a holder's facilities |
| |||||||
| |||||||
1 | conform to reasonable conditions necessary to protect safety, | ||||||
2 | functioning, appearance, and value of premises or the | ||||||
3 | convenience and safety of persons or property. | ||||||
4 | (e) The owner of any multiple-unit residential dwelling or | ||||||
5 | an agent or representative may require a holder to agree to | ||||||
6 | indemnify the owner, or his agents or representatives, for | ||||||
7 | damages or from liability for damages caused by the | ||||||
8 | installation, operation, maintenance, or removal of cable | ||||||
9 | service or video service facilities.
| ||||||
10 | (f) For purposes of this Section, "multiple-unit dwelling" | ||||||
11 | or "such property" means a multiple dwelling unit building | ||||||
12 | (such as an apartment building, condominium building, or | ||||||
13 | cooperative) and any other centrally managed residential real | ||||||
14 | estate development (such as a gated community, mobile home | ||||||
15 | park, or garden apartment); provided however, that | ||||||
16 | multiple-unit dwelling shall not include time share units, | ||||||
17 | academic campuses and dormitories, military bases, hotels, | ||||||
18 | rooming houses, prisons, jails, halfway houses, nursing homes | ||||||
19 | or other assisted living facilities, and hospitals. | ||||||
20 | (Source: P.A. 98-45, eff. 6-28-13 .) | ||||||
21 | (220 ILCS 5/21-1301) | ||||||
22 | Sec. 21-1301. Enforcement; penalties. | ||||||
23 | (a) The Attorney General is responsible for administering | ||||||
24 | and ensuring holders' compliance with this Article, provided | ||||||
25 | that nothing in this Article shall deprive local units of |
| |||||||
| |||||||
1 | government of the right to enforce applicable rights and | ||||||
2 | obligations. | ||||||
3 | (b) The Attorney General may conduct an investigation | ||||||
4 | regarding possible violations by holders of this Article | ||||||
5 | including, without limitation, the issuance of subpoenas to: | ||||||
6 | (1) require the holder to file a statement or report or | ||||||
7 | to answer interrogatories in writing as to all information | ||||||
8 | relevant to the alleged violations; | ||||||
9 | (2) examine, under oath, any person who possesses | ||||||
10 | knowledge or information related to the alleged | ||||||
11 | violations; and | ||||||
12 | (3) examine any record, book, document, account, or | ||||||
13 | paper related to the alleged violation. | ||||||
14 | (c) If the Attorney General determines that there is a | ||||||
15 | reason to believe that a holder has violated or is about to | ||||||
16 | violate this Article, the Attorney General may bring an action | ||||||
17 | in a court of competent jurisdiction in the name of the People | ||||||
18 | of the State against the holder to obtain temporary, | ||||||
19 | preliminary, or permanent injunctive relief and civil | ||||||
20 | penalties for any act, policy, or practice by the holder that | ||||||
21 | violates this Article. | ||||||
22 | (d) If a court orders a holder to make payments to the | ||||||
23 | Attorney General and the payments are to be used for the | ||||||
24 | operations of the Office of the Attorney General or if a holder | ||||||
25 | agrees to make payments to the Attorney General for the | ||||||
26 | operations of the Office of the Attorney General as part of an |
| |||||||
| |||||||
1 | Assurance of Voluntary Compliance, then the moneys paid under | ||||||
2 | any of the conditions described in this subsection (d) shall be | ||||||
3 | deposited into the Attorney General Court Ordered and Voluntary | ||||||
4 | Compliance Payment Projects Fund. Moneys in the Fund shall be | ||||||
5 | used, subject to appropriation, for the performance of any | ||||||
6 | function pertaining to the exercise of the duties to the | ||||||
7 | Attorney General, including, but not limited to, enforcement of | ||||||
8 | any law of this State and conducting public education programs; | ||||||
9 | however, any moneys in the Fund that are required by the court | ||||||
10 | to be used for a particular purpose shall be used for that | ||||||
11 | purpose. | ||||||
12 | (e) In an action against a holder brought pursuant to this | ||||||
13 | Article, the Attorney General may seek the assessment of one or | ||||||
14 | more of the following civil monetary penalties in any action | ||||||
15 | filed under this Article where the holder violates this Article | ||||||
16 | and does not remedy the violation within 30 days of notice by | ||||||
17 | the Attorney General: | ||||||
18 | (1) Any holder that violates or fails to comply with | ||||||
19 | any of the provisions of this Article or of its | ||||||
20 | State-issued authorization shall be subject to a civil | ||||||
21 | penalty of up to $30,000 for each and every offense, or | ||||||
22 | 0.00825%
of the holder's gross revenues, as defined in | ||||||
23 | Section 21-801 of this Act, whichever is greater. Every | ||||||
24 | violation of the provisions of this Article by a holder is | ||||||
25 | a separate and distinct offense, provided that if the same | ||||||
26 | act or omission violates more than one provision of this |
| |||||||
| |||||||
1 | Article, only one penalty or cumulative penalty may be | ||||||
2 | imposed for such act or omission. In the case of a | ||||||
3 | continuing violation, each day's continuance thereof shall | ||||||
4 | be a separate and distinct offense, provided that the | ||||||
5 | cumulative penalty for any continuing violation shall not | ||||||
6 | exceed $500,000 per year, and provided further that these | ||||||
7 | limits shall not apply where the violation was intentional | ||||||
8 | and either (i) created substantial risk to the safety of | ||||||
9 | the cable service or video service provider's employees or | ||||||
10 | customers or the public or (ii) was intended to cause | ||||||
11 | economic benefits to accrue to the violator. | ||||||
12 | (2) The holder's State-issued authorization may be | ||||||
13 | suspended or revoked if the holder fails to comply with the | ||||||
14 | provisions of this Article after a reasonable time to | ||||||
15 | achieve compliance has passed. | ||||||
16 | (3) If the holder is in violation of Section 21-1101 of | ||||||
17 | this Act, in addition to any other remedies provided by | ||||||
18 | law, a fine not to exceed 3% of the holder's total monthly | ||||||
19 | gross revenue, as that term is defined in this Article, | ||||||
20 | shall be imposed for each month from the date of violation | ||||||
21 | until the date that compliance is achieved. | ||||||
22 | (4) Nothing in this Section shall limit or affect the | ||||||
23 | powers of the Attorney General to enforce the provisions of | ||||||
24 | this Article, Section 22-501 of this Act, or the Consumer | ||||||
25 | Fraud and Deceptive Business Practices Act.
| ||||||
26 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) |
| |||||||
| |||||||
1 | (220 ILCS 5/21-1401) | ||||||
2 | Sec. 21-1401. Home rule. | ||||||
3 | (a) The provisions of this Article are a limitation of home | ||||||
4 | rule powers under subsection (i) of Section 6 of Article VII of | ||||||
5 | the Illinois Constitution. | ||||||
6 | (b) Nothing in this Article shall be construed to limit or | ||||||
7 | deny a home rule unit's power to tax as set forth in Section 6 | ||||||
8 | of Article VII of the Illinois Constitution.
| ||||||
9 | (Source: P.A. 95-9, eff. 6-30-07 .) | ||||||
10 | (220 ILCS 5/21-1501)
| ||||||
11 | Sec. 21-1501. Except as otherwise provided in this Article, | ||||||
12 | this Article shall be enforced only by a court of competent | ||||||
13 | jurisdiction.
| ||||||
14 | (Source: P.A. 95-9, eff. 6-30-07 .) | ||||||
15 | (220 ILCS 5/21-1502) | ||||||
16 | Sec. 21-1502. Renewal upon repeal of Article. This Section | ||||||
17 | shall apply only to holders who received their State-issued | ||||||
18 | authorization as a cable operator. In the event this Article 21 | ||||||
19 | is repealed, the cable operator may seek a renewal under 47 | ||||||
20 | U.S.C. 546 subject to the following: | ||||||
21 | (1) Each municipality or county in which a cable | ||||||
22 | operator provided service under the State-issued | ||||||
23 | authorization shall be the franchising authority with |
| |||||||
| |||||||
1 | respect to any right of renewal under 47 U.S.C. 546 and the | ||||||
2 | provisions of this Section shall apply during the renewal | ||||||
3 | process. | ||||||
4 | (2) If the cable operator was an incumbent cable | ||||||
5 | operator in the local unit of government immediately prior | ||||||
6 | to obtaining a State-issued authorization, then the terms | ||||||
7 | of the local franchise agreement under which the incumbent | ||||||
8 | cable operator operated shall be effective until the later | ||||||
9 | of: (A) the expiration of what would have been the | ||||||
10 | remaining term of the agreement at the time of the | ||||||
11 | termination of the local franchise agreement pursuant to | ||||||
12 | subsection (c) of Section 21-301 of this Act or (B) the | ||||||
13 | expiration of the renewal process under 47 U.S.C. 546. | ||||||
14 | (3) If the cable operator was not an incumbent cable | ||||||
15 | operator in the service territory immediately prior to the | ||||||
16 | issuance of the State-issued authorization, then the | ||||||
17 | State-issued authorization shall continue in effect until | ||||||
18 | the expiration of the renewal process under 47 U.S.C. 546. | ||||||
19 | (4) In seeking a renewal under this Section, the cable | ||||||
20 | operator must provide the following information to the | ||||||
21 | local franchising authority: | ||||||
22 | (A) the number of subscribers within the franchise | ||||||
23 | area; | ||||||
24 | (B) the number of eligible local government | ||||||
25 | buildings that have access to cable services; | ||||||
26 | (C) the statistical records of performance under |
| |||||||
| |||||||
1 | the standards established by the Cable and Video | ||||||
2 | Customer Protection Law; | ||||||
3 | (D) cable system improvement and construction | ||||||
4 | plans during the term of the proposed franchise; and | ||||||
5 | (E) the proposed level of support for public, | ||||||
6 | educational, and governmental access programming.
| ||||||
7 | (Source: P.A. 98-45, eff. 6-28-13.) | ||||||
8 | (220 ILCS 5/21-1503 new) | ||||||
9 | Sec. 21-1503. Continuation of Article; validation. | ||||||
10 | (a) The General Assembly finds and declares that this | ||||||
11 | amendatory Act of the 100th General Assembly manifests the | ||||||
12 | intention of the General Assembly to extend the repeal of this | ||||||
13 | Article and have this Article continue in effect until December | ||||||
14 | 31, 2020. | ||||||
15 | (b) This Article shall be deemed to have been in continuous | ||||||
16 | effect since July 1, 2017 and it shall continue to be in effect | ||||||
17 | henceforward until it is otherwise lawfully repealed. All | ||||||
18 | previously enacted amendments to this Article taking effect on | ||||||
19 | or after July 1, 2017, are hereby validated. All actions taken | ||||||
20 | in reliance on or under this Article by the Illinois Commerce | ||||||
21 | Commission or any other person or entity are hereby validated. | ||||||
22 | (c) In order to ensure the continuing effectiveness of this | ||||||
23 | Article, it is set forth in full and reenacted by this | ||||||
24 | amendatory Act of the 100th General Assembly. Striking and | ||||||
25 | underscoring are used only to show changes being made to the |
| |||||||
| |||||||
1 | base text. This reenactment is intended as a continuation of | ||||||
2 | this Article. It is not intended to supersede any amendment to | ||||||
3 | this Article that is enacted by the 100th General Assembly. | ||||||
4 | (220 ILCS 5/21-1601)
| ||||||
5 | Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of | ||||||
6 | this Article are repealed December 31, 2020 July 1, 2017 .
| ||||||
7 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|