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1     AN ACT concerning utilities.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Public Utilities Act is amended by adding
5 Sections 13-230, 13-231, 13-232, 13-233, 13-404.1, and
6 13-404.2 as follows:
 
7     (220 ILCS 5/13-230 new)
8     Sec. 13-230. Prepaid calling service. "Prepaid calling
9 service" means telecommunications service that must be paid for
10 in advance by an end user, enables the end user to originate
11 calls using an access number or authorization code, whether
12 manually or electronically dialed, and is sold in predetermined
13 units or dollars of which the number declines with use in a
14 known amount. A prepaid calling service call is a call made by
15 an end user using prepaid calling service. "Prepaid calling
16 service" does not include prepaid wireless telephone service as
17 defined in Section 10 of the Wireless Emergency Telephone
18 Safety Act.
 
19     (220 ILCS 5/13-231 new)
20     Sec. 13-231. Prepaid calling service provider. "Prepaid
21 calling service provider" means and includes every
22 corporation, company, association, joint stock company or
23 association, firm, partnership, or individual and their
24 lessees, trustees, or receivers appointed by any court
25 whatsoever that contracts directly with a telecommunications
26 carrier to resell or offers to resell telecommunications
27 service as prepaid calling service to one or more distributors,
28 prepaid calling resellers, prepaid calling service retailers,
29 or end users.
 
30     (220 ILCS 5/13-232 new)

 

 

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1     Sec. 13-232. Prepaid calling service retailer. "Prepaid
2 calling service retailer" means and includes every
3 corporation, company, association, joint stock company or
4 association, firm, partnership, or individual and their
5 lessees, trustees, or receivers appointed by any court
6 whatsoever that sells or offers to sell prepaid calling service
7 directly to one or more end users.
 
8     (220 ILCS 5/13-233 new)
9     Sec. 13-233. Prepaid calling service reseller. "Prepaid
10 calling service reseller" means and includes every
11 corporation, company, association, joint stock company or
12 association, firm, partnership, or individual and their
13 lessees, trustees, or receivers appointed by any court
14 whatsoever that purchases prepaid calling services from a
15 prepaid calling service provider or distributor and sells those
16 services to one or more distributors of prepaid calling
17 services or to one or more prepaid calling service retailers.
 
18     (220 ILCS 5/13-404.1 new)
19     Sec. 13-404.1. Prepaid calling service authority; rules.
20     (a) The General Assembly finds that it is necessary to
21 require the certification of prepaid calling service providers
22 to protect and promote against fraud the legitimate business
23 interests of persons or entities currently providing prepaid
24 calling service to Illinois end users and Illinois end users
25 who purchase these services.
26     (b) On and after July 1, 2005, it shall be unlawful for any
27 prepaid calling service provider to offer or provide or seek to
28 offer or provide to any distributor, prepaid calling service
29 reseller, prepaid calling service retailer, or end user any
30 prepaid calling service unless the prepaid calling service
31 provider has applied for and received a Certificate of Prepaid
32 Calling Service Provider Authority from the Commission. The
33 Commission shall approve an application for a Certificate of
34 Prepaid Calling Service Provider Authority upon a showing by

 

 

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1 the applicant, and a finding by the Commission, after notice
2 and hearing, that the applicant possesses sufficient
3 technical, financial, and managerial resources and abilities
4 to provide prepaid calling services. The Commission shall
5 approve an application for a Certificate of Prepaid Calling
6 Service Provider Authority without a hearing upon a showing by
7 the applicant that the Commission has issued an appropriate
8 Certificate of Service Authority (whether a Certificate of
9 Interexchange Service Authority or Certificate of Exchange
10 Service Authority or both) to the applicant or the
11 telecommunications carrier whose service the applicant is
12 seeking to resell, provided that the telecommunications
13 carrier remains in good standing with the Commission. The
14 Commission may adopt rules necessary for the administration of
15 this subsection.
16     (c) Upon issuance of a Certificate of Prepaid Calling
17 Service Provider Authority to a prepaid calling service
18 provider, the Commission shall post a list that contains the
19 full legal name of the prepaid service provider, the docket
20 number of the provider's certification proceeding, and the
21 toll-free customer service number of the certified prepaid
22 calling service provider on the Commission's web site on a link
23 solely dedicated to prepaid calling service providers. If the
24 certified prepaid calling service provider changes its
25 toll-free customer service number, it is the duty of the
26 certified prepaid calling service provider to provide the
27 Commission with notice of the change and with the provider's
28 new toll-free customer service number at least 24 hours prior
29 to changing its toll-free customer service number. The
30 Commission may adopt rules that further define the
31 administration of this subsection.
32     (d) Any and all enforcement authority granted to the
33 Commission under this Article over any Certificate of Service
34 Authority shall apply equally and without limitation to
35 Certificates of Prepaid Calling Service Provider Authority.
 

 

 

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1     (220 ILCS 5/13-404.2 new)
2     Sec. 13-404.2. Prepaid calling service standards. The
3 Commission, by rule, may establish and implement minimum
4 service quality standards for prepaid calling service. The
5 rules may include, but are not limited to, requiring access to
6 a live customer service attendant through the customer service
7 number, reporting requirements, fines, penalties, customer
8 credits, remedies, and other enforcement mechanisms to ensure
9 compliance with the service quality standards.
 
10     Section 10. The Consumer Fraud and Deceptive Business
11 Practices Act is amended by adding Section 2QQ as follows:
 
12     (815 ILCS 505/2QQ new)
13     Sec. 2QQ. Prepaid calling service.
14     (a) For purposes of this Section 2QQ, the terms "Prepaid
15 Calling Service", "Prepaid Calling Service Provider", "Prepaid
16 Calling Service Retailer", and "Prepaid Calling Service
17 Reseller" shall have the same definitions as those in Sections
18 13-230, 13-231, 13-232, and 13-233, respectively, of the Public
19 Utilities Act.
20     For the purposes of this Section, "international preferred
21 destination" means a prepaid calling service that advertises a
22 specific international destination either on the card, the
23 packaging material accompanying the card, or through an
24 offering of sale of the service.
25     (b) On and after July 1, 2005, it is an unlawful practice
26 under this Act for any prepaid calling service provider or
27 prepaid calling service reseller to sell or offer to sell
28 prepaid calling service to any prepaid calling service retailer
29 unless the prepaid calling service provider has applied for and
30 received a Certificate of Prepaid Calling Service Provider
31 Authority from the Illinois Commerce Commission pursuant to the
32 Public Utilities Act and the prepaid calling service provider
33 or prepaid calling service reseller shows proof of the prepaid
34 calling service provider's Certificate of Prepaid Calling

 

 

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1 Service Provider Authority to the prepaid calling service
2 retailer.
3     (c) On and after July 1, 2005, it is an unlawful practice
4 under this Act for any prepaid calling service retailer to sell
5 or offer to sell prepaid calling service to any consumer unless
6 the prepaid calling service retailer retains proof of
7 certification of the prepaid calling service provider by the
8 Illinois Commerce Commission pursuant to the Public Utilities
9 Act. The prepaid calling service retailer must retain proof of
10 certification for one year or the duration of the contract with
11 the reseller, whichever is longer. A prepaid calling service
12 retailer with multiple locations selling prepaid calling cards
13 under contract with a prepaid calling service provider may keep
14 the certification at a central location provided, however, that
15 the prepaid calling service retailer make a copy of the
16 certification available upon reasonable request within 48
17 hours.
18     (d) On and after July 1, 2005, no prepaid calling service
19 provider or prepaid calling service reseller shall sell or
20 offer to sell prepaid calling service, as those terms are
21 defined in Article XIII of the Public Utilities Act, to any
22 Illinois consumer, either directly or through a prepaid calling
23 service retailer, unless the following disclosures are made
24 clearly and conspicuously:
25         (1) At a minimum, the following terms and conditions
26     shall be disclosed clearly and conspicuously on the prepaid
27     calling card, if applicable:
28             (A) the full name of the Prepaid Calling Service
29         Provider as certificated by the Illinois Commerce
30         Commission;
31             (B) the toll-free customer service number;
32             (C) an access number that is toll-free or a number
33         local to the prepaid calling retailer; and
34             (D) the refund policy or a statement that the
35         refund policy is located on the packaging materials.
36         (2) At a minimum, all the material terms and conditions

 

 

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1     pertaining to the specific prepaid calling card shall be
2     disclosed clearly and conspicuously on the packaging
3     materials accompanying the prepaid calling card including,
4     but not limited to, the following, if applicable:
5             (A) the value of the card in minutes or the
6         domestic rate per minute of the card;
7             (B) all surcharges and fees applicable to the use
8         of the domestic prepaid calling service;
9             (C) all applicable rates for international
10         preferred destinations;
11             (D) all applicable surcharges and fees for
12         international preferred destinations;
13             (E) a disclosure statement indicating that all
14         rates, surcharges, and fees applicable to
15         international calls are available through the
16         toll-free customer service number and a statement
17         disclosing if international rates vary from domestic
18         rates; and
19             (F) the expiration policy.
20         (3) At a minimum, the following information shall be
21     disclosed clearly and conspicuously and accurately through
22     the toll-free customer service telephone number through
23     which the customer is able to speak with a live customer
24     service representative:
25             (A) the Illinois Commerce Commission certificate
26         number of the Prepaid Calling Service Provider;
27             (B) all applicable rates, terms, surcharges, and
28         fees for domestic and international calls;
29             (C) all information necessary to determine the
30         cost of a given call;
31             (D) the balance of use in the consumer's account;
32         and
33             (E) the applicable expiration date or period.
34     The disclosures required under this subsection (d) do not
35 apply to the recharging of dollars or minutes to a previously
36 purchased card allowing prepaid calling service.