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Public Act 100-0020 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Freedom of Information Act is amended by | ||||
changing Section 7.5 as follows: | ||||
(5 ILCS 140/7.5) | ||||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||||
by the statutes referenced below, the following shall be exempt | ||||
from inspection and copying: | ||||
(a) All information determined to be confidential | ||||
under Section 4002 of the Technology Advancement and | ||||
Development Act. | ||||
(b) Library circulation and order records identifying | ||||
library users with specific materials under the Library | ||||
Records Confidentiality Act. | ||||
(c) Applications, related documents, and medical | ||||
records received by the Experimental Organ Transplantation | ||||
Procedures Board and any and all documents or other records | ||||
prepared by the Experimental Organ Transplantation | ||||
Procedures Board or its staff relating to applications it | ||||
has received. | ||||
(d) Information and records held by the Department of | ||||
Public Health and its authorized representatives relating |
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. | ||
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by wireless | ||
carriers under the Wireless Emergency Telephone System | ||
Safety Act. |
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse | ||
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of |
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Records Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. | ||
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
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(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Authority due to its administration | ||
of the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under Brian's Law. | ||
(v) Names and information of people who have applied |
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry | ||
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services |
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement | ||
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) (dd) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, | ||
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; | ||
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; | ||
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. | ||
8-19-16; revised 9-1-16.) | ||
Section 5. The Department of State Police Law of the
Civil | ||
Administrative Code of Illinois is amended by changing Sections | ||
2605-52 and 2605-475 as follows: | ||
(20 ILCS 2605/2605-52) | ||
Sec. 2605-52. Office of the Statewide 9-1-1 Administrator. | ||
(a) There shall be established an Office of the Statewide |
9-1-1 Administrator within the Department. Beginning January | ||
1, 2016, the Office of the Statewide 9-1-1 Administrator shall | ||
be responsible for developing, implementing, and overseeing a | ||
uniform statewide 9-1-1 system for all areas of the State | ||
outside of municipalities having a population over 500,000. | ||
(b) The Governor shall appoint, with the advice and consent | ||
of the Senate, a Statewide 9-1-1 Administrator. The | ||
Administrator shall serve for a term of 2 years, and until a | ||
successor is appointed and qualified; except that the term of | ||
the first 9-1-1 Administrator appointed under this Act shall | ||
expire on the third Monday in January, 2017. The Administrator | ||
shall not hold any other remunerative public office. The | ||
Administrator shall receive an annual salary as set by the | ||
Governor.
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(c) The Department, from appropriations made to it for that | ||
purpose, shall make grants to 9-1-1 Authorities for the purpose | ||
of defraying costs associated with 9-1-1 system consolidations | ||
awarded by the Administrator under Section 15.4b of the | ||
Emergency Telephone System Act. | ||
(Source: P.A. 99-6, eff. 6-29-15.)
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(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
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Sec. 2605-475. Wireless Emergency Telephone System Safety | ||
Act. The Department and Statewide 9-1-1 Administrator shall To | ||
exercise the powers and perform the duties specifically | ||
assigned to each
the Department under the Wireless Emergency |
Telephone System Safety Act with respect
to the development and | ||
improvement of emergency communications procedures and
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facilities in such a manner as to facilitate a quick response | ||
to any person
calling the number "9-1-1" seeking police, fire, | ||
medical, or other emergency
services through a wireless carrier | ||
as defined in Section 10 of the Wireless
Emergency Telephone | ||
Safety Act . Nothing in the Wireless Emergency Telephone System
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Safety Act shall require the Department of Illinois State | ||
Police to provide
wireless enhanced 9-1-1 services.
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(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
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Section 10. The State Finance Act is amended by changing | ||
Section 8.37 as follows:
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(30 ILCS 105/8.37)
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Sec. 8.37. State Police Wireless Service Emergency Fund.
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(a) The State Police Wireless Service Emergency Fund is | ||
created as
a special fund in the State Treasury.
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(b) Grants or surcharge funds allocated to the Department | ||
of State Police from the Statewide 9-1-1 Wireless Service
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Emergency Fund shall be deposited into the State Police | ||
Wireless Service
Emergency Fund and shall be used in accordance | ||
with Section 30 20 of the Wireless
Emergency Telephone System | ||
Safety Act.
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(c) On July 1, 1999, the State Comptroller and State | ||
Treasurer shall
transfer $1,300,000 from the General Revenue |
Fund to the State Police Wireless
Service Emergency Fund. On | ||
June 30, 2003 the State Comptroller and State
Treasurer shall | ||
transfer $1,300,000 from the State Police Wireless Service
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Emergency Fund to the General Revenue Fund.
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(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
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Section 15. The Emergency Telephone System Act is reenacted | ||
and is amended by changing Sections 2, 8, 10, 10.3, 12, 14, | ||
15.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6a, 19, 20, 30, 35, 40, 55, | ||
and 99 and by adding Sections 17.5 and 80 as follows:
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(50 ILCS 750/Act title)
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An Act in relation to the designation of an emergency
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telephone number for use throughout the State.
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(50 ILCS 750/0.01) (from Ch. 134, par. 30.01)
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Sec. 0.01.
This Act shall be known and may be cited as the | ||
"Emergency
Telephone System Act".
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(Source: P.A. 85-978 .)
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(50 ILCS 750/1) (from Ch. 134, par. 31)
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Sec. 1.
The General Assembly finds and declares that it is | ||
in the public
interest to shorten the time required for a | ||
citizen to request and receive
emergency aid. There currently | ||
exist thousands of different emergency
phone numbers | ||
throughout the state, and present telephone exchange
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boundaries and central office service areas do not necessarily | ||
correspond
to public safety and political boundaries. | ||
Provision
of a single, primary three-digit emergency number | ||
through which emergency
services can be quickly and efficiently | ||
obtained would provide a significant
contribution to law | ||
enforcement and other public service efforts by making
it less | ||
difficult to quickly notify public safety personnel. Such a
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simplified means of procuring emergency services will result in | ||
the saving
of life, a reduction in the destruction of property, | ||
quicker apprehension
of criminals, and ultimately the saving of | ||
money. The General Assembly
further finds and declares that the | ||
establishment
of a uniform, statewide emergency number is a | ||
matter of statewide
concern and interest to all inhabitants and | ||
citizens of this State. It is the
purpose of this Act to | ||
establish the number "9-1-1" as the primary emergency
telephone | ||
number for use in this State and to encourage units of local
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government and combinations of such units to develop and | ||
improve emergency
communication procedures and facilities in | ||
such a manner as to be able to quickly respond
to any person | ||
calling the telephone number "9-1-1" seeking
police, fire, | ||
medical, rescue, and other emergency services.
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(Source: P.A. 85-978 .)
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(50 ILCS 750/2) (from Ch. 134, par. 32)
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Sec. 2. Definitions. As used in this Act, unless the | ||
context otherwise requires: |
"9-1-1 network" means the network used for the delivery of | ||
9-1-1 calls and messages over dedicated and redundant | ||
facilities to a primary or backup 9-1-1 PSAP that meets P.01 | ||
grade of service standards for basic 9-1-1 and enhanced 9-1-1 | ||
services or meets national I3 industry call delivery standards | ||
for Next Generation 9-1-1 services. | ||
"9-1-1 system" means the geographic area that has been | ||
granted an order of authority by the Commission or the | ||
Statewide 9-1-1 Administrator to use "9-1-1" as the primary | ||
emergency telephone number. | ||
"9-1-1 Authority" includes an Emergency Telephone System | ||
Board, Joint Emergency Telephone System Board, and a qualified | ||
governmental entity. "9-1-1 Authority" includes the Department | ||
of State Police only to the extent it provides 9-1-1 services | ||
under this Act. | ||
"Administrator" means the Statewide 9-1-1 Administrator. | ||
"Advanced service" means any telecommunications service | ||
with or without dynamic bandwidth allocation, including, but | ||
not limited to, ISDN Primary Rate Interface (PRI), that, | ||
through the use of a DS-1, T-1, or other similar un-channelized | ||
or multi-channel transmission facility, is capable of | ||
transporting either the subscriber's inter-premises voice | ||
telecommunications services to the public switched network or | ||
the subscriber's 9-1-1 calls to the public agency. | ||
"ALI" or "automatic location identification" means, in an | ||
E9-1-1 system, the automatic display at the public safety |
answering point of the caller's telephone number, the address | ||
or location of the telephone, and supplementary emergency | ||
services information. | ||
"ANI" or "automatic number identification" means the | ||
automatic display of the 9-1-1 calling party's number on the | ||
PSAP monitor. | ||
"Automatic alarm" and "automatic alerting device" mean any | ||
device that will access the 9-1-1 system for emergency services | ||
upon activation. | ||
"Backup PSAP" means a public safety answering point that | ||
serves as an alternate to the PSAP for enhanced systems and is | ||
at a different location and operates independently from the | ||
PSAP. A backup PSAP may accept overflow calls from the PSAP or | ||
be activated if the primary PSAP is disabled. | ||
"Board" means an Emergency Telephone System Board or a | ||
Joint Emergency Telephone System Board created pursuant to | ||
Section 15.4. | ||
"Carrier" includes a telecommunications carrier and a | ||
wireless carrier. | ||
"Commission" means the Illinois Commerce Commission. | ||
"Computer aided dispatch" or "CAD" means a computer-based | ||
system that aids PSAP telecommunicators by automating selected | ||
dispatching and recordkeeping activities database maintained | ||
by the public safety agency or public safety answering point | ||
used in conjunction with 9-1-1 caller data . | ||
"Direct dispatch method" means a 9-1-1 service that |
provides for the direct dispatch by a PSAP telecommunicator of | ||
the appropriate unit upon receipt of an emergency call and the | ||
decision as to the proper action to be taken. | ||
"Department" means the Department of State Police. | ||
"DS-1, T-1, or similar un-channelized or multi-channel | ||
transmission facility" means a facility that can transmit and | ||
receive a bit rate of at least 1.544 megabits per second | ||
(Mbps). | ||
"Dynamic bandwidth allocation" means the ability of the | ||
facility or customer to drop and add channels, or adjust | ||
bandwidth, when needed in real time for voice or data purposes. | ||
"Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone | ||
system that includes dedicated network switching , database and | ||
PSAP premise elements capable of providing automatic location | ||
identification data, selective routing, database, ALI, ANI, | ||
selective transfer, fixed transfer, and a call back number , | ||
including any enhanced 9-1-1 service so designated by the | ||
Federal Communications Commission in its report and order in WC | ||
Dockets Nos. 04-36 and 05-196, or any successor proceeding . | ||
"ETSB" means an emergency telephone system board appointed | ||
by the corporate authorities of any county or municipality that | ||
provides for the management and operation of a 9-1-1 system. | ||
"Hearing-impaired individual" means a person with a | ||
permanent hearing loss who can regularly and routinely | ||
communicate by telephone only through the aid of devices which | ||
can send and receive written messages over the telephone |
network. | ||
"Hosted supplemental 9-1-1 service" means a database | ||
service that: | ||
(1) electronically provides information to 9-1-1 call | ||
takers when a call is placed to 9-1-1; | ||
(2) allows telephone subscribers to provide | ||
information to 9-1-1 to be used in emergency scenarios; | ||
(3) collects a variety of formatted data relevant to | ||
9-1-1 and first responder needs, which may include, but is | ||
not limited to, photographs of the telephone subscribers, | ||
physical descriptions, medical information, household | ||
data, and emergency contacts; | ||
(4) allows for information to be entered by telephone | ||
subscribers through a secure website where they can elect | ||
to provide as little or as much information as they choose; | ||
(5) automatically displays data provided by telephone | ||
subscribers to 9-1-1 call takers for all types of | ||
telephones when a call is placed to 9-1-1 from a registered | ||
and confirmed phone number; | ||
(6) supports the delivery of telephone subscriber | ||
information through a secure internet connection to all | ||
emergency telephone system boards; | ||
(7) works across all 9-1-1 call taking equipment and | ||
allows for the easy transfer of information into a computer | ||
aided dispatch system; and | ||
(8) may be used to collect information pursuant to an |
Illinois Premise Alert Program as defined in the Illinois | ||
Premise Alert Program (PAP) Act. | ||
"Interconnected voice over Internet protocol provider" or | ||
"Interconnected VoIP provider" has the meaning given to that | ||
term under Section 13-235 of the Public Utilities Act. | ||
"Joint ETSB" means a Joint Emergency Telephone System Board | ||
established by intergovernmental agreement of two or more | ||
municipalities or counties, or a combination thereof, to | ||
provide for the management and operation of a 9-1-1 system. | ||
"Local public agency" means any unit of local government or | ||
special purpose district located in whole or in part within | ||
this State that provides or has authority to provide | ||
firefighting, police, ambulance, medical, or other emergency | ||
services. | ||
"Mechanical dialer" means any device that either manually | ||
or remotely triggers a dialing device to access the 9-1-1 | ||
system. | ||
"Master Street Address Guide" or "MSAG" is a database of | ||
street names and house ranges within their associated | ||
communities defining emergency service zones (ESZs) and their | ||
associated emergency service numbers (ESNs) to enable proper | ||
routing of 9-1-1 calls means the computerized geographical | ||
database that consists of all street and address data within a | ||
9-1-1 system . | ||
"Mobile telephone number" or "MTN" means the telephone | ||
number assigned to a wireless telephone at the time of initial |
activation. | ||
"Network connections" means the number of voice grade | ||
communications channels directly between a subscriber and a | ||
telecommunications carrier's public switched network, without | ||
the intervention of any other telecommunications carrier's | ||
switched network, which would be required to carry the | ||
subscriber's inter-premises traffic and which connection | ||
either (1) is capable of providing access through the public | ||
switched network to a 9-1-1 Emergency Telephone System, if one | ||
exists, or (2) if no system exists at the time a surcharge is | ||
imposed under Section 15.3, that would be capable of providing | ||
access through the public switched network to the local 9-1-1 | ||
Emergency Telephone System if one existed. Where multiple voice | ||
grade communications channels are connected to a | ||
telecommunications carrier's public switched network through a | ||
private branch exchange (PBX) service, there shall be | ||
determined to be one network connection for each trunk line | ||
capable of transporting either the subscriber's inter-premises | ||
traffic to the public switched network or the subscriber's | ||
9-1-1 calls to the public agency. Where multiple voice grade | ||
communications channels are connected to a telecommunications | ||
carrier's public switched network through centrex type | ||
service, the number of network connections shall be equal to | ||
the number of PBX trunk equivalents for the subscriber's | ||
service or other multiple voice grade communication channels | ||
facility , as determined by reference to any generally |
applicable exchange access service tariff filed by the | ||
subscriber's telecommunications carrier with the Commission. | ||
"Network costs" means those recurring costs that directly | ||
relate to the operation of the 9-1-1 network as determined by | ||
the Statewide 9-1-1 Administrator with the advice of the | ||
Statewide 9-1-1 Advisory Board, which may include including , | ||
but need not be limited to, some or all of the following: costs | ||
for interoffice trunks, selective routing charges, transfer | ||
lines and toll charges for 9-1-1 services, Automatic Location | ||
Information (ALI) database charges, call box trunk circuit | ||
(including central office only and not including extensions to | ||
fire stations), independent local exchange carrier charges and | ||
non-system provider charges, carrier charges for third party | ||
database for on-site customer premises equipment, back-up PSAP | ||
trunks for non-system providers, periodic database updates as | ||
provided by carrier (also known as "ALI data dump"), regional | ||
ALI storage charges, circuits for call delivery (fiber or | ||
circuit connection), NG9-1-1 costs, and all associated fees, | ||
taxes, and surcharges on each invoice. "Network costs" shall | ||
not include radio circuits or toll charges that are other than | ||
for 9-1-1 services. | ||
"Next generation 9-1-1" or "NG9-1-1" means an Internet | ||
Protocol-based (IP-based) system comprised of managed ESInets, | ||
functional elements and applications, and databases that | ||
replicate traditional E9-1-1 features and functions and | ||
provide additional capabilities. "NG9-1-1" systems are |
designed to provide access to emergency services from all | ||
connected communications sources, and provide multimedia data | ||
capabilities for PSAPs and other emergency services | ||
organizations. | ||
"NG9-1-1 costs" means those recurring costs that directly | ||
relate to the Next Generation 9-1-1 service as determined by | ||
the Statewide 9-1-1 Advisory Board, including, but not limited | ||
to, costs for Emergency System Routing Proxy (ESRP), Emergency | ||
Call Routing Function/Location Validation Function (ECRF/LVF), | ||
Spatial Information Function (SIF), the Border Control | ||
Function (BCF), and the Emergency Services Internet Protocol | ||
networks (ESInets), legacy network gateways, and all | ||
associated fees, taxes, and surcharges on each invoice. | ||
"Private branch exchange" or "PBX" means a private | ||
telephone system and associated equipment located on the user's | ||
property that provides communications between internal | ||
stations and external networks. | ||
"Private business switch service" means a | ||
telecommunications service including centrex type service and | ||
PBX service, even though key telephone systems or equivalent | ||
telephone systems registered with the Federal Communications | ||
Commission under 47 C.F.R. Part 68 are directly connected to | ||
centrex type and PBX systems providing 9-1-1 services equipped | ||
for switched local network connections or 9-1-1 system access | ||
to business end users through a private telephone switch. | ||
"Private business switch service" means network and |
premises based systems including a VoIP, Centrex type service, | ||
or PBX service, even though does not include key telephone | ||
systems or equivalent telephone systems registered with the | ||
Federal Communications Commission under 47 C.F.R. Part 68 are | ||
directly connected to Centrex when not used in conjunction with | ||
centrex type and PBX systems. "Private business switch service" | ||
does not include key telephone systems or equivalent telephone | ||
systems registered with the Federal Communications Commission | ||
under 47 C.F.R. Part 68 when not used in conjunction with a | ||
VoIP, Centrex type, or PBX systems. "Private business switch | ||
service" typically includes, but is not limited to, private | ||
businesses, corporations, and industries where the | ||
telecommunications service is primarily for conducting | ||
business. | ||
"Private residential switch service" means network and | ||
premise based systems a telecommunications service including a | ||
VoIP, Centrex centrex type service , or and PBX service or , even | ||
though key telephone systems or equivalent telephone systems | ||
registered with the Federal Communications Commission under 47 | ||
C.F.R. Part 68 that are directly connected to a VoIP, Centrex | ||
centrex type service, or and PBX systems providing 9-1-1 | ||
services equipped for switched local network connections or | ||
9-1-1 system access to residential end users through a private | ||
telephone switch. "Private residential switch service" does | ||
not include key telephone systems or equivalent telephone | ||
systems registered with the Federal Communications Commission |
under 47 C.F.R. Part 68 when not used in conjunction with a | ||
VoIP, Centrex centrex type , or and PBX systems. "Private | ||
residential switch service" typically includes, but is not | ||
limited to, apartment complexes, condominiums, and campus or | ||
university environments where shared tenant service is | ||
provided and where the usage of the telecommunications service | ||
is primarily residential. | ||
"Public agency" means the State, and any unit of local | ||
government or special purpose district located in whole or in | ||
part within this State, that provides or has authority to | ||
provide firefighting, police, ambulance, medical, or other | ||
emergency services. | ||
"Public safety agency" means a functional division of a | ||
public agency that provides firefighting, police, medical, or | ||
other emergency services to respond to and manage emergency | ||
incidents . For the purpose of providing wireless service to | ||
users of 9-1-1 emergency services, as expressly provided for in | ||
this Act, the Department of State Police may be considered a | ||
public safety agency. | ||
"Public safety answering point" or "PSAP" is a set of | ||
call-takers authorized by a governing body and operating under | ||
common management that receive 9-1-1 calls and asynchronous | ||
event notifications for a defined geographic area and processes | ||
those calls and events according to a specified operational | ||
policy means the initial answering location of an emergency | ||
call . |
"Qualified governmental entity" means a unit of local | ||
government authorized to provide 9-1-1 services pursuant to | ||
this Act where no emergency telephone system board exists. | ||
"Referral method" means a 9-1-1 service in which the PSAP | ||
telecommunicator provides the calling party with the telephone | ||
number of the appropriate public safety agency or other | ||
provider of emergency services. | ||
"Regular service" means any telecommunications service, | ||
other than advanced service, that is capable of transporting | ||
either the subscriber's inter-premises voice | ||
telecommunications services to the public switched network or | ||
the subscriber's 9-1-1 calls to the public agency. | ||
"Relay method" means a 9-1-1 service in which the PSAP | ||
telecommunicator takes the pertinent information from a caller | ||
and relays that information to the appropriate public safety | ||
agency or other provider of emergency services. | ||
"Remit period" means the billing period, one month in | ||
duration, for which a wireless carrier remits a surcharge and | ||
provides subscriber information by zip code to the Department, | ||
in accordance with Section 20 of this Act. | ||
"Secondary Answering Point" or "SAP" means a location, | ||
other than a PSAP, that is able to receive the voice, data, and | ||
call back number of E9-1-1 or NG9-1-1 emergency calls | ||
transferred from a PSAP and completes the call taking process | ||
by dispatching police, medical, fire, or other emergency | ||
responders. |
"Statewide wireless emergency 9-1-1 system" means all | ||
areas of the State where an emergency telephone system board | ||
or, in the absence of an emergency telephone system board, a | ||
qualified governmental entity, has not declared its intention | ||
for one or more of its public safety answering points to serve | ||
as a primary wireless 9-1-1 public safety answering point for | ||
its jurisdiction. The operator of the statewide wireless | ||
emergency 9-1-1 system shall be the Department of State Police. | ||
"System" means the communications equipment and related | ||
software applications required to produce a response by the | ||
appropriate emergency public safety agency or other provider of | ||
emergency services as a result of an emergency call being | ||
placed to 9-1-1. | ||
"System provider" means the contracted entity providing | ||
9-1-1 network and database services. | ||
"Telecommunications carrier" means those entities included | ||
within the definition specified in Section 13-202 of the Public | ||
Utilities Act, and includes those carriers acting as resellers | ||
of telecommunications services. "Telecommunications carrier" | ||
includes telephone systems operating as mutual concerns. | ||
"Telecommunications carrier" does not include a wireless | ||
carrier. | ||
"Telecommunications technology" means equipment that can | ||
send and receive written messages over the telephone network. | ||
"Transfer method" means a 9-1-1 service in which the PSAP | ||
telecommunicator receiving a call transfers that call to the |
appropriate public safety agency or other provider of emergency | ||
services. | ||
"Transmitting messages" shall have the meaning given to | ||
that term under Section 8-11-2 of the Illinois Municipal Code. | ||
"Trunk line" means a transmission path, or group of | ||
transmission paths, connecting a subscriber's PBX to a | ||
telecommunications carrier's public switched network. In the | ||
case of regular service, each voice grade communications | ||
channel or equivalent amount of bandwidth capable of | ||
transporting either the subscriber's inter-premises voice | ||
telecommunications services to the public switched network or | ||
the subscriber's 9-1-1 calls to the public agency shall be | ||
considered a trunk line, even if it is bundled with other | ||
channels or additional bandwidth. In the case of advanced | ||
service, each DS-1, T-1, or other similar un-channelized or | ||
multi-channel transmission facility that is capable of | ||
transporting either the subscriber's inter-premises voice | ||
telecommunications services to the public switched network or | ||
the subscriber's 9-1-1 calls to the public agency shall be | ||
considered a single trunk line, even if it contains multiple | ||
voice grade communications channels or otherwise supports 2 or | ||
more voice grade calls at a time; provided, however, that each | ||
additional increment of up to 24 voice grade channels 1.544 | ||
Mbps of transmission capacity that is capable of transporting | ||
either the subscriber's inter-premises voice | ||
telecommunications services to the public switched network or |
the subscriber's 9-1-1 calls to the public agency shall be | ||
considered an additional trunk line. | ||
"Unmanned backup PSAP" means a public safety answering | ||
point that serves as an alternate to the PSAP at an alternate | ||
location and is typically unmanned but can be activated if the | ||
primary PSAP is disabled. | ||
"Virtual answering point" or "VAP" means a temporary or | ||
nonpermanent location that is capable of receiving an emergency | ||
call, contains a fully functional worksite that is not bound to | ||
a specific location, but rather is portable and scalable, | ||
connecting emergency call takers or dispatchers to the work | ||
process, and is capable of completing the call dispatching | ||
process. | ||
"Voice-impaired individual" means a person with a | ||
permanent speech disability which precludes oral | ||
communication, who can regularly and routinely communicate by | ||
telephone only through the aid of devices which can send and | ||
receive written messages over the telephone network. | ||
"Wireless carrier" means a provider of two-way cellular, | ||
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial | ||
Mobile Radio Service (CMRS), Wireless Communications Service | ||
(WCS), or other Commercial Mobile Radio Service (CMRS), as | ||
defined by the Federal Communications Commission, offering | ||
radio communications that may provide fixed, mobile, radio | ||
location, or satellite communication services to individuals | ||
or businesses within its assigned spectrum block and |
geographical area or that offers real-time, two-way voice | ||
service that is interconnected with the public switched | ||
network, including a reseller of such service. | ||
"Wireless enhanced 9-1-1" means the ability to relay the | ||
telephone number of the originator of a 9-1-1 call and location | ||
information from any mobile handset or text telephone device | ||
accessing the wireless system to the designated wireless public | ||
safety answering point as set forth in the order of the Federal | ||
Communications Commission, FCC Docket No. 94-102, adopted June | ||
12, 1996, with an effective date of October 1, 1996, and any | ||
subsequent amendment thereto. | ||
"Wireless public safety answering point" means the | ||
functional division of a 9-1-1 authority accepting wireless | ||
9-1-1 calls. | ||
"Wireless subscriber" means an individual or entity to whom | ||
a wireless service account or number has been assigned by a | ||
wireless carrier, other than an account or number associated | ||
with prepaid wireless telecommunication service.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/3) (from Ch. 134, par. 33)
| ||
Sec. 3.
(a) By July 1, 2017, every local public agency | ||
shall be within the jurisdiction of a 9-1-1 system.
| ||
(b) By July 1, 2020, every 9-1-1 system in Illinois shall | ||
provide Next Generation 9-1-1 service. | ||
(c) Nothing in this Act shall be construed to prohibit or
|
discourage in any way the formation of multijurisdictional or | ||
regional
systems, and any system established pursuant to this | ||
Act may include the
territory of more than one public agency or | ||
may include a segment of the
territory of a public agency.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/4) (from Ch. 134, par. 34)
| ||
Sec. 4.
Every system shall include police, firefighting, | ||
and emergency medical and
ambulance services, and may include | ||
other emergency services. The system may incorporate private
| ||
ambulance service. In those areas in which a public safety | ||
agency of the State
provides such emergency services, the | ||
system shall include such public safety agencies.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/5) (from Ch. 134, par. 35)
| ||
Sec. 5.
The digits "9-1-1" shall be the primary emergency | ||
telephone
number within the system, but a public agency or | ||
public safety agency
shall maintain a separate secondary seven | ||
digit emergency
backup number for at least six months after the | ||
"9-1-1" system is
established and in operation, and shall | ||
maintain a separate number for
nonemergency telephone calls.
| ||
(Source: P.A. 85-978 .)
| ||
(50 ILCS 750/6) (from Ch. 134, par. 36)
| ||
Sec. 6. Capabilities of system; pay telephones. All systems |
shall be
designed to meet the specific
requirements of each | ||
community and public agency served by the system.
Every system | ||
shall be designed to have
the capability of utilizing the | ||
direct dispatch method, relay method, transfer method, or | ||
referral method in response to emergency calls. The
General | ||
Assembly finds and declares that the most critical aspect of | ||
the
design of any system is the procedure established for | ||
handling a
telephone request for emergency services.
| ||
In addition, to maximize efficiency and utilization of the | ||
system,
all pay telephones within each system shall
enable a | ||
caller to dial "9-1-1" for emergency services without the
| ||
necessity of inserting a coin. This paragraph does not apply to | ||
pay
telephones
located in penal
institutions, as defined in | ||
Section 2-14 of the Criminal Code of 2012, that
have
been | ||
designated for the exclusive use of committed persons.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
| ||
Sec. 6.1.
Every 9-1-1 system shall be
readily accessible to | ||
hearing-impaired and voice-impaired individuals
through the | ||
use of telecommunications technology for hearing-impaired and
| ||
speech-impaired individuals.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/7) (from Ch. 134, par. 37)
| ||
Sec. 7.
The General Assembly finds that, because of |
overlapping
jurisdiction of public agencies, public safety | ||
agencies and telephone
service areas, the Administrator, with | ||
the advice and recommendation of the Statewide 9-1-1 Advisory | ||
Board, shall establish a general overview or plan
to effectuate | ||
the purposes of this Act within the time frame provided in
this | ||
Act. In order to insure that proper preparation and | ||
implementation
of emergency telephone systems are accomplished | ||
by all public agencies as required under this Act, the | ||
Department, with the
advice and assistance of
the Attorney | ||
General, shall secure compliance by public agencies as
provided | ||
in this Act.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/8) (from Ch. 134, par. 38)
| ||
Sec. 8.
The Administrator, with the advice and | ||
recommendation of the Statewide 9-1-1 Advisory Board, shall | ||
coordinate the implementation of systems established under | ||
this Act. To assist with this coordination, all systems | ||
authorized to operate under this Act shall register with the | ||
Administrator information regarding its composition and | ||
organization, including, but not limited to, identification of | ||
all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs. | ||
The Department may adopt rules for the administration of this | ||
Section.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
|
(50 ILCS 750/10) (from Ch. 134, par. 40) | ||
Sec. 10. (a) The Administrator, with the advice and | ||
recommendation of the Statewide 9-1-1 Advisory Board, shall | ||
establish uniform technical and operational standards for all | ||
9-1-1 systems in Illinois. All findings, orders, decisions, | ||
rules, and regulations issued or promulgated by the Commission | ||
under this Act or any other Act establishing or conferring | ||
power on the Commission with respect to emergency | ||
telecommunications services, shall continue in force. | ||
Notwithstanding the provisions of this Section, where | ||
applicable, the Administrator shall, with the advice and | ||
recommendation of the Statewide 9-1-1 Advisory Board, amend the | ||
Commission's findings, orders, decisions, rules, and | ||
regulations to conform to the specific provisions of this Act | ||
as soon as practicable after the effective date of this | ||
amendatory Act of the 99th General Assembly. | ||
(b) The Department may adopt emergency rules necessary to | ||
implement the provisions of this amendatory Act of the 99th | ||
General Assembly under subsection (t) of Section 5-45 of the | ||
Illinois Administrative Procedure Act. | ||
(c) Nothing in this Act shall deprive the Commission of any | ||
authority to regulate the provision by telecommunication | ||
carriers or 9-1-1 system service providers of | ||
telecommunication or other services under the Public Utilities | ||
Act. | ||
(d) For rules that implicate both the regulation of 9-1-1 |
authorities under this Act and the regulation of | ||
telecommunication carriers and 9-1-1 system service providers | ||
under the Public Utilities Act, the Department and the | ||
Commission may adopt joint rules necessary for implementation. | ||
(e) Any findings, orders, or decisions of the Administrator | ||
under this Section shall be deemed a final administrative | ||
decision and shall be subject to judicial review under the | ||
Administrative Review Law. | ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/10.1) (from Ch. 134, par. 40.1)
| ||
Sec. 10.1. Confidentiality.
| ||
(a) 9-1-1 information consisting of names, addresses and
| ||
telephone numbers of telephone customers whose listings are not | ||
published
in directories or listed in Directory Assistance | ||
Offices is confidential.
Except as provided in subsection (b), | ||
information shall be provided on a
call-by-call basis only for | ||
the purpose
of responding to emergency calls. For the purposes | ||
of this subsection (a),
"emergency" means a
situation in which | ||
property or human life is in jeopardy and the prompt
| ||
notification of the public safety agency is essential.
| ||
(b) 9-1-1 information, including information described in | ||
subsection (a),
may be used by a public safety agency for the | ||
purpose of placing out-going
emergency calls.
| ||
(c) Nothing in this Section prohibits a municipality with a | ||
population
of
more than 500,000 from using 9-1-1 information, |
including information described
in subsection (a), for the | ||
purpose of responding to calls made to a
non-emergency | ||
telephone system that is under the supervision and control of a
| ||
public safety agency and that shares all or some facilities | ||
with an emergency
telephone system.
| ||
(d) Any public safety agency that uses 9-1-1 information | ||
for the purposes of
subsection (b) must establish methods and | ||
procedures that ensure the
confidentiality of information as | ||
required by subsection (a).
| ||
(e) Divulging confidential information in violation of | ||
this Section is a
Class A misdemeanor.
| ||
(Source: P.A. 92-383, eff. 1-1-02 .)
| ||
(50 ILCS 750/10.2) (from Ch. 134, par. 40.2)
| ||
Sec. 10.2.
The Emergency Telephone System Board and the | ||
Chairman of the County Board in any county
implementing a 9-1-1 | ||
system shall ensure that all
areas of the county are included | ||
in the system.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/10.3)
| ||
Sec. 10.3. Notice of address change. The Emergency | ||
Telephone System Board or qualified governmental entity
in
any
| ||
county implementing a 9-1-1 system that changes any person's | ||
address (when the
person
whose address has changed has not | ||
moved to a new residence) shall notify
the person (i) of the |
person's new address and (ii) that the person should
contact | ||
the local
election authority to determine if the person should | ||
re-register to vote.
| ||
(Source: P.A. 90-664, eff. 7-30-98 .)
| ||
(50 ILCS 750/11) (from Ch. 134, par. 41) | ||
Sec. 11. All local public agencies operating a 9-1-1 system | ||
shall operate under a plan that has been filed with and | ||
approved by the Commission prior to January 1, 2016, or the | ||
Administrator. Plans filed under this Section shall conform to | ||
minimum standards
established pursuant to Section 10. | ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/12) (from Ch. 134, par. 42)
| ||
Sec. 12.
The Attorney General may, on in behalf of the | ||
Department or on his
own initiative, commence judicial | ||
proceedings to enforce compliance by any
public agency or | ||
public utility providing telephone service with this Act.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/14) (from Ch. 134, par. 44)
| ||
Sec. 14.
The General Assembly declares that a major purpose | ||
of in enacting this Act is to ensure that 9-1-1 systems have | ||
redundant methods of dispatch for: (1) each public safety | ||
agency within its jurisdiction, herein known as participating | ||
agencies; and (2) 9-1-1 systems whose jurisdictional |
boundaries are contiguous, herein known as adjacent 9-1-1 | ||
systems, when an emergency request for service is received for | ||
a public safety agency that needs to be dispatched by the | ||
adjacent 9-1-1 system. Another primary purpose of this Section | ||
is to
eliminate instances in which a public safety agency | ||
responding emergency service refuses , once dispatched, to | ||
render aid to the
requester because the requester is outside of | ||
the jurisdictional boundaries
of the public safety agency | ||
emergency service . Therefore, in implementing a 9-1-1 system | ||
systems under this Act, all 9-1-1 authorities
public agencies | ||
in a single system shall enter into call handling and aid | ||
outside jurisdictional boundaries agreements with each | ||
participating agency and adjacent 9-1-1 system a joint
powers | ||
agreement or any other form of written cooperative agreement | ||
which
is applicable when need
arises on a day-to-day basis. | ||
Certified notification of the continuation
of such agreements | ||
shall be made among the involved parties on an annual
basis. In | ||
addition, such agreements shall be entered
into between public | ||
agencies and public safety agencies which are
part of different | ||
systems but whose jurisdictional boundaries are contiguous . | ||
The
agreements shall provide a primary and secondary means of | ||
dispatch. It must also provide that, once an emergency unit is | ||
dispatched in response
to a request through the system, such | ||
unit shall render its services to the requesting
party without | ||
regard to whether the unit is operating outside its
normal | ||
jurisdictional boundaries. Certified notification of the
|
continuation of call handling and aid outside jurisdictional | ||
boundaries agreements shall be made among the involved parties | ||
on an annual basis.
| ||
(Source: P.A. 86-101 .)
| ||
(50 ILCS 750/15) (from Ch. 134, par. 45)
| ||
Sec. 15.
Copies of the annual certified notification of | ||
continuing
agreement required by Section 14 shall be filed with
| ||
the Attorney General and the Administrator. All such agreements
| ||
shall be so filed prior to the 31st day of January. The | ||
Attorney General shall commence
judicial proceedings to | ||
enforce compliance with this Section and Section 14, where
a | ||
public agency or public safety agency has failed to timely | ||
enter into
such agreement or file copies thereof.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)
| ||
Sec. 15.1. Public body; exemption from civil liability for | ||
developing or
operating emergency telephone system. | ||
(a) In no event shall a
public agency, the Commission, the | ||
Statewide 9-1-1 Advisory Board, the Administrator, the | ||
Department of State Police, public safety agency, public safety | ||
answering point, emergency
telephone system board, or unit of | ||
local government assuming the duties of an
emergency telephone | ||
system board, or carrier, or its officers, employees, assigns, | ||
or agents be liable for any civil damages or criminal liability |
that directly or indirectly results from, or is caused by, any | ||
act or omission in the development, design, installation, | ||
operation, maintenance, performance, or provision of 9-1-1 | ||
service required by this Act, unless the act or omission | ||
constitutes gross negligence, recklessness, or intentional | ||
misconduct.
| ||
A unit of local government, the Commission, the Statewide | ||
9-1-1 Advisory Board, the Administrator, the Department of | ||
State Police, public safety agency, public safety answering | ||
point, emergency telephone system board, or carrier, or its | ||
officers, employees, assigns, or agents, shall not be liable | ||
for any form of civil damages or criminal liability that | ||
directly or indirectly results from, or is caused by, the | ||
release of subscriber information to any governmental entity as | ||
required under the provisions of this Act, unless the release | ||
constitutes gross negligence, recklessness, or intentional | ||
misconduct. | ||
(b) Exemption from civil liability for emergency | ||
instructions is as provided
in the Good Samaritan Act.
| ||
(c) This Section may not be offered as a defense in any | ||
judicial
proceeding brought by the Attorney General under | ||
Section 12 to compel
compliance with this Act.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
| ||
Sec. 15.2.
Any person calling the number "911" for the |
purpose of making a
false alarm or complaint and reporting | ||
false information is subject to the
provisions of Section 26-1 | ||
of the Criminal Code of 2012.
| ||
(Source: P.A. 97-1150, eff. 1-25-13 .)
| ||
(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
| ||
Sec. 15.2a. The installation of or connection to a | ||
telephone
company's network of any automatic alarm, automatic | ||
alerting
device, or mechanical dialer that causes the number | ||
9-1-1 to
be dialed in order to directly access emergency | ||
services is
prohibited in a 9-1-1 system. | ||
This Section does not apply to a person who connects to a | ||
9-1-1 network using automatic crash notification technology | ||
subject to an established protocol. | ||
This Section does not apply to devices used to enable | ||
access to the 9-1-1 system for cognitively-impaired or special | ||
needs persons or for persons with disabilities in an emergency | ||
situation reported by a caregiver after initiating a missing | ||
person's report. The device must have the capability to be | ||
activated and controlled remotely by trained personnel at a | ||
service center to prevent falsely activated or repeated calls | ||
to the 9-1-1 system in a single incident. The device must have | ||
the technical capability to generate location information to | ||
the 9-1-1 system. Under no circumstances shall a device be sold | ||
for use in a geographical jurisdiction where the 9-1-1 system | ||
has not deployed wireless phase II location technology. The |
alerting device shall also provide for either 2-way | ||
communication or send a pre-recorded message to a 9-1-1 | ||
provider explaining the nature of the emergency so that the | ||
9-1-1 provider will be able to dispatch the appropriate | ||
emergency responder. | ||
Violation of this Section is
a Class A misdemeanor. A | ||
second or subsequent violation of this
Section is a Class 4 | ||
felony.
| ||
(Source: P.A. 99-143, eff. 7-27-15.)
| ||
(50 ILCS 750/15.2b)
| ||
Sec. 15.2b. Emergency telephone number; advertising. No | ||
person or private
entity may advertise or otherwise publicize | ||
the availability of services
provided by a specific provider | ||
and indicate that a consumer should obtain
access to services | ||
provided by a specific provider by use of the emergency
| ||
telephone number (9-1-1).
| ||
(Source: P.A. 88-497 .)
| ||
(50 ILCS 750/15.2c) | ||
Sec. 15.2c. Call boxes. No carrier shall be required to | ||
provide a call box. For purposes of this Section, the term | ||
"call box" means a device that is normally mounted to an | ||
outside wall of the serving telecommunications carrier central | ||
office and designed to provide emergency on-site answering by | ||
authorized personnel at the central office location in the |
event a central office is isolated from the 9-1-1 network.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
| ||
Sec. 15.3. Local non-wireless surcharge. | ||
(a) Except as provided in subsection (l) of this Section, | ||
the corporate authorities of any municipality or any
county | ||
may, subject to the limitations of subsections (c), (d), and | ||
(h),
and in addition to any tax levied pursuant to the | ||
Simplified Municipal
Telecommunications Tax Act, impose a | ||
monthly surcharge on billed subscribers
of network connection | ||
provided by telecommunication carriers engaged in the
business | ||
of transmitting messages by means of electricity originating | ||
within
the corporate limits of the municipality or county | ||
imposing the surcharge at
a rate per network connection | ||
determined in accordance with subsection (c), however the | ||
monthly surcharge shall not apply to a network connection | ||
provided for use with pay telephone services.
Provided, | ||
however, that where multiple voice grade communications | ||
channels
are connected between the subscriber's premises and a | ||
public switched network
through private branch exchange (PBX) | ||
or centrex type service, a municipality
imposing a surcharge at | ||
a rate per network connection, as determined in
accordance with | ||
this Act, shall impose: | ||
(i) in a municipality with a population of 500,000 or | ||
less or in any county, 5 such surcharges per network
|
connection, as defined under Section 2 determined in | ||
accordance with subsections (a) and (d) of
Section 2.12 of | ||
this Act, for both regular service and advanced service | ||
provisioned trunk lines; | ||
(ii) in a municipality with a population, prior to | ||
March 1, 2010, of 500,000 or more, 5 surcharges per network | ||
connection, as defined under Section 2 determined in | ||
accordance
with subsections (a) and (d) of Section 2.12 of | ||
this Act, for both regular service and advanced
service | ||
provisioned trunk lines; | ||
(iii) in a municipality with a population, as of March | ||
1, 2010, of 500,000 or more, 5 surcharges per network | ||
connection, as defined under Section 2 determined in
| ||
accordance with subsections (a) and (d) of Section 2.12 of | ||
this Act, for regular service
provisioned trunk lines, and | ||
12 surcharges per network connection, as defined under | ||
Section 2 determined in accordance
with subsections (a) and | ||
(d) of Section 2.12 of this Act, for advanced service | ||
provisioned trunk
lines, except where an advanced service | ||
provisioned trunk line supports at least 2 but fewer
than | ||
23 simultaneous voice grade calls ("VGC's"), a | ||
telecommunication carrier may
elect to impose fewer than 12 | ||
surcharges per trunk line as provided in subsection (iv)
of | ||
this Section; or | ||
(iv) for an advanced service provisioned trunk line | ||
connected between the
subscriber's premises and the public |
switched network through a P.B.X., where the advanced
| ||||||||||||||
service provisioned trunk line is capable of transporting | ||||||||||||||
at least 2 but fewer than 23
simultaneous VGC's per trunk | ||||||||||||||
line, the telecommunications carrier collecting the | ||||||||||||||
surcharge
may elect to impose surcharges in accordance with | ||||||||||||||
the table provided in this Section, without limiting
any | ||||||||||||||
telecommunications carrier's obligations to otherwise keep | ||||||||||||||
and maintain records. Any
telecommunications carrier | ||||||||||||||
electing to impose fewer than 12 surcharges per an advanced
| ||||||||||||||
service provisioned trunk line shall keep and maintain | ||||||||||||||
records adequately to demonstrate the
VGC capability of | ||||||||||||||
each advanced service provisioned trunk line with fewer | ||||||||||||||
than 12
surcharges imposed, provided that 12 surcharges | ||||||||||||||
shall be imposed on an advanced service
provisioned trunk | ||||||||||||||
line regardless of the VGC capability where a | ||||||||||||||
telecommunications carrier
cannot demonstrate the VGC | ||||||||||||||
capability of the advanced service provisioned trunk line.
| ||||||||||||||
| ||||||||||||||
Subsections (i), (ii), (iii), and (iv) are not intended to | ||||||||||||||
make any change in the meaning of this Section, but are | ||||||||||||||
intended to remove possible ambiguity, thereby confirming the |
intent of paragraph (a) as it existed prior to and following | ||
the effective date of this amendatory Act of the 97th General | ||
Assembly. | ||
For mobile telecommunications services, if a surcharge is | ||
imposed it shall be
imposed based upon the municipality or | ||
county that encompasses the customer's
place of primary use as | ||
defined in the Mobile Telecommunications Sourcing
Conformity | ||
Act. A municipality may enter into an intergovernmental
| ||
agreement with any county in which it is partially located, | ||
when the county
has adopted an ordinance to impose a surcharge | ||
as provided in subsection
(c), to include that portion of the | ||
municipality lying outside the county
in that county's | ||
surcharge referendum. If the county's surcharge
referendum is | ||
approved, the portion of the municipality identified in the
| ||
intergovernmental agreement shall automatically be | ||
disconnected from the
county in which it lies and connected to | ||
the county which approved the
referendum for purposes of a | ||
surcharge on telecommunications carriers.
| ||
(b) For purposes of computing the surcharge imposed by | ||
subsection (a),
the network connections to which the surcharge | ||
shall apply shall be those
in-service network connections, | ||
other than those network connections
assigned to the | ||
municipality or county, where the service address for each
such | ||
network connection or connections is located within the | ||
corporate
limits of the municipality or county levying the | ||
surcharge. Except for mobile
telecommunication services, the |
"service address" shall mean the location of
the primary use of | ||
the network connection or connections. For mobile
| ||
telecommunication services, "service address" means the | ||
customer's place of
primary use as defined in the Mobile | ||
Telecommunications Sourcing Conformity
Act.
| ||
(c) Upon the passage of an ordinance to impose a surcharge | ||
under this
Section the clerk of the municipality or county | ||
shall certify the question
of whether the surcharge may be | ||
imposed to the proper election authority
who shall submit the | ||
public question to the electors of the municipality or
county | ||
in accordance with the general election law; provided that such
| ||
question shall not be submitted at a consolidated primary | ||
election. The
public question shall be in substantially the | ||
following form:
| ||
-------------------------------------------------------------
| ||
Shall the county (or city, village
| ||
or incorporated town) of ..... impose YES
| ||
a surcharge of up to ...¢ per month per
| ||
network connection, which surcharge will
| ||
be added to the monthly bill you receive ------------------
| ||
for telephone or telecommunications
| ||
charges, for the purpose of installing
| ||
(or improving) a 9-1-1 Emergency NO
| ||
Telephone System?
| ||
-------------------------------------------------------------
| ||
If a majority of the votes cast upon the public question |
are in favor
thereof, the surcharge shall be imposed.
| ||
However, if a Joint Emergency Telephone System Board is to | ||
be created
pursuant to an intergovernmental agreement under | ||
Section 15.4, the
ordinance to impose the surcharge shall be | ||
subject to the approval of a
majority of the total number of | ||
votes cast upon the public question by the
electors of all of | ||
the municipalities or counties, or combination thereof,
that | ||
are parties to the intergovernmental agreement.
| ||
The referendum requirement of this subsection (c) shall not | ||
apply
to any municipality with a population over 500,000 or to | ||
any
county in which a proposition as to whether a sophisticated | ||
9-1-1 Emergency
Telephone System should be installed in the | ||
county, at a cost not to
exceed a specified monthly amount per | ||
network connection, has previously
been approved by a majority | ||
of the electors of the county voting on the
proposition at an | ||
election conducted before the effective date of this
amendatory | ||
Act of 1987.
| ||
(d) A county may not impose a surcharge, unless requested | ||
by a
municipality, in any incorporated area which has | ||
previously approved a
surcharge as provided in subsection (c) | ||
or in any incorporated area where
the corporate authorities of | ||
the municipality have previously entered into
a binding | ||
contract or letter of intent with a telecommunications carrier | ||
to
provide sophisticated 9-1-1 service through municipal | ||
funds.
| ||
(e) A municipality or county may at any time by ordinance |
change the
rate of the surcharge imposed under this Section if | ||
the new rate does not
exceed the rate specified in the | ||
referendum held pursuant to subsection (c).
| ||
(f) The surcharge authorized by this Section shall be | ||
collected from
the subscriber by the telecommunications | ||
carrier providing the subscriber
the network connection as a | ||
separately stated item on the subscriber's bill.
| ||
(g) The amount of surcharge collected by the | ||
telecommunications carrier
shall be paid to the particular | ||
municipality or county or Joint Emergency
Telephone System | ||
Board not later than 30 days after the surcharge is
collected, | ||
net of any network or other 9-1-1 or sophisticated 9-1-1 system
| ||
charges then due the particular telecommunications carrier, as | ||
shown on an
itemized bill. The telecommunications carrier | ||
collecting the surcharge
shall also be entitled to deduct 3% of | ||
the gross amount of surcharge
collected to reimburse the | ||
telecommunications carrier for the expense of
accounting and | ||
collecting the surcharge.
| ||
(h) Except as expressly provided in subsection (a) of this | ||
Section, on or after the effective date of this amendatory Act | ||
of the 98th General Assembly and until December 31, 2017, July | ||
1, 2017, a municipality with a population of 500,000 or more | ||
shall not impose a monthly surcharge per network connection in | ||
excess of the highest monthly surcharge imposed as of January | ||
1, 2014 by any county or municipality under subsection (c) of | ||
this Section. Beginning January 1, 2018 and until December 31, |
2020, a municipality with a population over 500,000 may not | ||
impose a monthly surcharge in excess of $5.00 per network | ||
connection. On or after January 1, 2021, July 1, 2017, a
| ||
municipality with a population over 500,000 may not impose a
| ||
monthly surcharge in excess of $2.50
per network connection.
| ||
(i) Any municipality or county or joint emergency telephone | ||
system
board that has imposed a surcharge pursuant to this | ||
Section prior to the
effective date of this amendatory Act of | ||
1990 shall hereafter impose the
surcharge in accordance with | ||
subsection (b) of this Section.
| ||
(j) The corporate authorities of any municipality or county | ||
may issue,
in accordance with Illinois law, bonds, notes or | ||
other obligations secured
in whole or in part by the proceeds | ||
of the surcharge described in this
Section.
The State of | ||
Illinois pledges and agrees that it will not limit or alter
the | ||
rights and powers vested in municipalities and counties by this | ||
Section
to impose the surcharge so as to impair the terms of or | ||
affect the
security for bonds, notes or other obligations | ||
secured in whole or in part
with the proceeds of the surcharge | ||
described in this Section. The pledge and agreement set forth | ||
in this Section survive the termination of the surcharge under | ||
subsection (l) by virtue of the replacement of the surcharge | ||
monies guaranteed under Section 20; the State of Illinois | ||
pledges and agrees that it will not limit or alter the rights | ||
vested in municipalities and counties to the surcharge | ||
replacement funds guaranteed under Section 20 so as to impair |
the terms of or affect the security for bonds, notes or other | ||
obligations secured in whole or in part with the proceeds of | ||
the surcharge described in this Section.
| ||
(k) Any surcharge collected by or imposed on a | ||
telecommunications
carrier pursuant to this Section shall be | ||
held to be a special fund in
trust for the municipality, county | ||
or Joint Emergency Telephone Board
imposing the surcharge. | ||
Except for the 3% deduction provided in subsection
(g) above, | ||
the special fund shall not be subject to the claims of
| ||
creditors of the telecommunication carrier.
| ||
(l) On and after the effective date of this amendatory Act | ||
of the 99th General Assembly, no county or municipality, other | ||
than a municipality with a population over 500,000, may impose | ||
a monthly surcharge under this Section in excess of the amount | ||
imposed by it on the effective date of this Act. Any surcharge | ||
imposed pursuant to this Section by a county or municipality, | ||
other than a municipality with a population in excess of | ||
500,000, shall cease to be imposed on January 1, 2016. | ||
(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
| ||
(50 ILCS 750/15.3a) | ||
Sec. 15.3a. Local wireless surcharge. | ||
(a) Notwithstanding any other provision of this Act, a unit | ||
of local government or emergency telephone system board | ||
providing wireless 9-1-1 service and imposing and collecting a | ||
wireless carrier surcharge prior to July 1, 1998 may continue |
its practices of imposing and collecting its wireless carrier | ||
surcharge, but, except as provided in subsection (b) of this | ||
Section, in no event shall that monthly surcharge exceed $2.50 | ||
per commercial mobile radio service (CMRS) connection or | ||
in-service telephone number billed on a monthly basis. For | ||
mobile telecommunications services provided on and after | ||
August 1, 2002, any surcharge imposed shall be imposed based | ||
upon the municipality or county that encompasses the customer's | ||
place of primary use as defined in the Mobile | ||
Telecommunications Sourcing Conformity Act. | ||
(b) Until December 31, 2017, July 1, 2017, the corporate | ||
authorities of a municipality with a population in excess of | ||
500,000 on the effective date of this amendatory Act of the | ||
99th General Assembly may by ordinance continue to impose and | ||
collect a monthly surcharge per commercial mobile radio service | ||
(CMRS) connection or in-service telephone number billed on a | ||
monthly basis that does not exceed the highest monthly | ||
surcharge imposed as of January 1, 2014 by any county or | ||
municipality under subsection (c) of Section 15.3 of this Act. | ||
Beginning January 1, 2018, and until December 31, 2020, a | ||
municipality with a population in excess of 500,000 may by | ||
ordinance continue to impose and collect a monthly surcharge | ||
per commercial mobile radio service (CMRS) connection or | ||
in-service telephone number billed on a monthly basis that does | ||
not exceed $5.00. On or after January 1, 2021, July 1, 2017, | ||
the municipality may continue imposing and collecting its |
wireless carrier surcharge as provided in and subject to the | ||
limitations of subsection (a) of this Section. | ||
(c) In addition to any other lawful purpose, a municipality | ||
with a population over 500,000 may use the moneys collected | ||
under this Section for any anti-terrorism or emergency | ||
preparedness measures, including, but not limited to, | ||
preparedness planning, providing local matching funds for | ||
federal or State grants, personnel training, and specialized | ||
equipment, including surveillance cameras, as needed to deal | ||
with natural and terrorist-inspired emergency situations or | ||
events.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/15.4) (from Ch. 134, par. 45.4) | ||
Sec. 15.4. Emergency Telephone System Board; powers. | ||
(a) Except as provided in subsection (e) of this Section, | ||
the corporate authorities of any county or municipality
may | ||
establish an Emergency
Telephone System Board. | ||
The corporate authorities shall provide for the
manner of | ||
appointment and the number of members of the Board, provided | ||
that
the board shall consist of not fewer than 5 members, one | ||
of whom
must be a
public member who is a resident of the local | ||
exchange service territory
included in the 9-1-1 coverage area, | ||
one of whom (in counties with a
population less than 100,000) | ||
may be a member of the county
board, and
at least 3 of whom | ||
shall be representative of the 9-1-1 public safety agencies,
|
including but not limited to police departments, fire | ||
departments, emergency
medical services providers, and | ||
emergency services and disaster agencies, and
appointed on the | ||
basis of their ability or experience. In counties with a | ||
population of more than 100,000 but less than 2,000,000, a | ||
member of the county board may serve on the Emergency Telephone | ||
System Board. Elected officials, including members of a county | ||
board, are
also eligible to serve on the board. Members of the | ||
board shall serve without
compensation but shall be reimbursed | ||
for their actual and necessary
expenses. Any 2 or more | ||
municipalities, counties, or combination thereof,
may, instead | ||
of establishing
individual boards, establish by | ||
intergovernmental agreement a Joint
Emergency Telephone System | ||
Board pursuant to this Section. The manner of
appointment of | ||
such a joint board shall be prescribed in the agreement. On or | ||
after the effective date of this amendatory Act of the 100th | ||
General Assembly, any new intergovernmental agreement entered | ||
into to establish or join a Joint Emergency Telephone System | ||
Board shall provide for the appointment of a PSAP | ||
representative to the board. | ||
Upon the effective date of this amendatory Act of the 98th | ||
General Assembly, appointed members of the Emergency Telephone | ||
System Board shall serve staggered 3-year terms if: (1) the | ||
Board serves a county with a population of 100,000 or less; and | ||
(2) appointments, on the effective date of this amendatory Act | ||
of the 98th General Assembly, are not for a stated term. The |
corporate authorities of the county or municipality shall | ||
assign terms to the board members serving on the effective date | ||
of this amendatory Act of the 98th General Assembly in the | ||
following manner: (1) one-third of board members' terms shall | ||
expire on January 1, 2015; (2) one-third of board members' | ||
terms shall expire on January 1, 2016; and (3) remaining board | ||
members' terms shall expire on January 1, 2017. Board members | ||
may be re-appointed upon the expiration of their terms by the | ||
corporate authorities of the county or municipality. | ||
The corporate authorities of a county or municipality may, | ||
by a vote of the majority of the members elected, remove an | ||
Emergency Telephone System Board member for misconduct, | ||
official misconduct, or neglect of office. | ||
(b) The powers and duties of the board shall be defined by | ||
ordinance
of the municipality or county, or by | ||
intergovernmental agreement in the
case of a joint board. The | ||
powers and duties shall include, but need not
be limited to the | ||
following: | ||
(1) Planning a 9-1-1 system. | ||
(2) Coordinating and supervising the implementation, | ||
upgrading, or
maintenance of the system, including the | ||
establishment of equipment
specifications and coding | ||
systems. | ||
(3) Receiving moneys
from the surcharge imposed under | ||
Section 15.3, or disbursed to it under Section 30, and
from | ||
any other source, for deposit into the Emergency Telephone |
System Fund. | ||
(4) Authorizing all disbursements from the fund. | ||
(5) Hiring any staff necessary for the implementation | ||
or upgrade of the
system. | ||
(6) (Blank). | ||
(c) All moneys
received by a board pursuant to a surcharge | ||
imposed under
Section 15.3, or disbursed to it under Section | ||
30, shall be deposited into a separate interest-bearing
| ||
Emergency Telephone System Fund account. The treasurer of the | ||
municipality or
county that has established the board or, in | ||
the case of a joint board, any
municipal or county treasurer | ||
designated in the intergovernmental agreement,
shall be | ||
custodian of the fund. All interest accruing on the fund shall | ||
remain
in the fund. No expenditures may be made from such fund | ||
except upon the
direction of the board by resolution passed by | ||
a majority of all members of the
board. | ||
(d) The board shall complete a Master Street Address Guide | ||
database before implementation of the
9-1-1 system. The error | ||
ratio of the database shall not at any time
exceed 1% of the | ||
total database. | ||
(e) On and after January 1, 2016, no municipality or county | ||
may create an Emergency Telephone System Board unless the board | ||
is a Joint Emergency Telephone System Board. The corporate | ||
authorities of any county or municipality entering into an | ||
intergovernmental agreement to create or join a Joint Emergency | ||
Telephone System Board shall rescind an the ordinance or |
ordinances creating a single the original Emergency Telephone | ||
System Board and shall eliminate the single Emergency Telephone | ||
System Board, effective upon the creation of the Joint | ||
Emergency Telephone System Board , with regulatory approval by | ||
the Administrator, or joining of the Joint Emergency Telephone | ||
System Board. Nothing in this Section shall be construed to | ||
require the dissolution of an Emergency Telephone System Board | ||
that is not succeeded by a Joint Emergency Telephone System | ||
Board or is not required to consolidate under Section 15.4a of | ||
this Act. | ||
(f) Within one year after the effective date of this | ||
amendatory Act of the 100th General Assembly, any corporate | ||
authorities of a county or municipality, other than a | ||
municipality with a population of more than 500,000, operating | ||
a 9-1-1 system without an Emergency Telephone System Board or | ||
Joint Emergency Telephone System Board shall create or join a | ||
Joint Emergency Telephone System Board. | ||
(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/15.4a) | ||
Sec. 15.4a. Consolidation. | ||
(a) By July 1, 2017, and except as otherwise provided in | ||
this Section, Emergency Telephone System Boards, Joint | ||
Emergency Telephone System Boards, qualified governmental | ||
entities, and PSAPs shall be consolidated as follows, subject | ||
to subsections (b) and (c) of this Section: |
(1) In any county with a population of at least 250,000 | ||
that has a single Emergency Telephone System Board, or | ||
qualified governmental entity and more than 2 PSAPs, shall | ||
reduce the number of PSAPs by at least 50% or to 2 PSAPs, | ||
whichever is greater. Nothing in this paragraph shall | ||
preclude consolidation resulting in one PSAP in the county. | ||
(2) In any county with a population of at least 250,000 | ||
that has more than one Emergency Telephone System Board, | ||
Joint Emergency Telephone System Board, or qualified | ||
governmental entity, any 9-1-1 Authority serving a | ||
population of less than 25,000 shall be consolidated such | ||
that no 9-1-1 Authority in the county serves a population | ||
of less than 25,000. | ||
(3) In any county with a population of at least 250,000 | ||
but less than 1,000,000 that has more than one Emergency | ||
Telephone System Board, Joint Emergency Telephone System | ||
Board, or qualified governmental entity, each 9-1-1 | ||
Authority shall reduce the number of PSAPs by at least 50% | ||
or to 2 PSAPs, whichever is greater. Nothing in this | ||
paragraph shall preclude consolidation of a 9-1-1 | ||
Authority into a Joint Emergency Telephone System Board, | ||
and nothing in this paragraph shall preclude consolidation | ||
resulting in one PSAP in the county. | ||
(4) In any county with a population of less than | ||
250,000 that has a single Emergency Telephone System Board | ||
or qualified governmental entity and more than 2 PSAPs, the |
9-1-1 Authority shall reduce the number of PSAPs by at | ||
least 50% or to 2 PSAPs, whichever is greater. Nothing in | ||
this paragraph shall preclude consolidation resulting in | ||
one PSAP in the county. | ||
(5) In any county with a population of less than | ||
250,000 that has more than one Emergency Telephone System | ||
Board, Joint Emergency Telephone System Board, or | ||
qualified governmental entity and more than 2 PSAPS, the | ||
9-1-1 Authorities shall be consolidated into a single joint | ||
board, and the number of PSAPs shall be reduced by at least | ||
50% or to 2 PSAPs, whichever is greater. Nothing in this | ||
paragraph shall preclude consolidation resulting in one | ||
PSAP in the county. | ||
(6) Any 9-1-1 Authority that does not have a PSAP | ||
within its jurisdiction shall be consolidated through an | ||
intergovernmental agreement with an existing 9-1-1 | ||
Authority that has a PSAP to create a Joint Emergency | ||
Telephone Board. | ||
(7) The corporate authorities of each county that has | ||
no 9-1-1 service as of January 1, 2016 shall provide | ||
enhanced 9-1-1 wireline and wireless enhanced 9-1-1 | ||
service for that county by either (i) entering into an | ||
intergovernmental agreement with an existing Emergency | ||
Telephone System Board to create a new Joint Emergency | ||
Telephone System Board, or (ii) entering into an | ||
intergovernmental agreement with the corporate authorities |
that have created an existing Joint Emergency Telephone | ||
System Board. | ||
(b) By July 1, 2016, each county required to consolidate | ||
pursuant to paragraph (7) of subsection (a) of this Section and | ||
each 9-1-1 Authority required to consolidate pursuant to | ||
paragraphs (1) through (6) of subsection (a) of this Section | ||
shall file a plan for consolidation or a request for a waiver | ||
pursuant to subsection (c) of this Section with the Office | ||
Division of the Statewide 9-1-1 Administrator . | ||
(1) No county or 9-1-1 Authority may avoid the | ||
requirements of this Section by converting primary PSAPs to | ||
secondary or virtual answering points. Any county or 9-1-1 | ||
Authority not in compliance with this Section shall be | ||
ineligible to receive consolidation grant funds issued | ||
under Section 15.4b of this Act or monthly disbursements | ||
otherwise due under Section 30 of this Act, until the | ||
county or 9-1-1 Authority is in compliance. | ||
(2) Within 60 calendar days of receiving a | ||
consolidation plan, the Statewide 9-1-1 Advisory Board | ||
shall hold at least one public hearing on the plan and | ||
provide a recommendation to the Administrator. Notice of | ||
the hearing shall be provided to the respective entity to | ||
which the plan applies. | ||
(3) Within 90 calendar days of receiving a | ||
consolidation plan, the Administrator shall approve the | ||
plan, approve the plan as modified, or grant a waiver |
pursuant to subsection (c) of this Section. In making his | ||
or her decision, the Administrator shall consider any | ||
recommendation from the Statewide 9-1-1 Advisory Board | ||
regarding the plan. If the Administrator does not follow | ||
the recommendation of the Board, the Administrator shall | ||
provide a written explanation for the deviation in his or | ||
her decision. | ||
(4) The deadlines provided in this subsection may be | ||
extended upon agreement between the Administrator and | ||
entity which submitted the plan. | ||
(c) A waiver from a consolidation required under subsection | ||
(a) of this Section may be granted if the Administrator finds | ||
that the consolidation will result in a substantial threat to | ||
public safety, is economically unreasonable, or is technically | ||
infeasible. | ||
(d) Any decision of the Administrator under this Section | ||
shall be deemed a final administrative decision and shall be | ||
subject to judicial review under the Administrative Review Law.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/15.4b) | ||
Sec. 15.4b. Consolidation grants. | ||
(a) The Administrator, with the advice and recommendation | ||
of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1 | ||
System Consolidation Grant Program to defray costs associated | ||
with 9-1-1 system consolidation of systems outside of a |
municipality with a population in excess of 500,000. The | ||
awarded grants will be used to offset non-recurring costs | ||
associated with the consolidation of 9-1-1 systems and shall | ||
not be used for ongoing operating costs associated with the | ||
consolidated system. The Department, in consultation with the | ||
Administrator and the Statewide 9-1-1 Advisory Board, shall | ||
adopt rules defining the grant process and criteria for issuing | ||
the grants. The grants should be awarded based on criteria that | ||
include, but are not limited to: | ||
(1) reducing the number of transfers of a 9-1-1 call; | ||
(2) reducing the infrastructure required to adequately | ||
provide 9-1-1 network services; | ||
(3) promoting cost savings from resource sharing among | ||
9-1-1 systems; | ||
(4) facilitating interoperability and resiliency for | ||
the receipt of 9-1-1 calls; | ||
(5) reducing the number of 9-1-1 systems or reducing | ||
the number of PSAPs within a 9-1-1 system; | ||
(6) cost saving resulting from 9-1-1 system | ||
consolidation; and | ||
(7) expanding E9-1-1 service coverage as a result of | ||
9-1-1 system consolidation including to areas without | ||
E9-1-1 service. | ||
Priority shall be given first to counties not providing | ||
9-1-1 service as of January 1, 2016, and next to other entities | ||
consolidating as required under Section 15.4a of this Act. |
(b) The 9-1-1 System Consolidation Grant application, as | ||
defined by Department rules, shall be submitted electronically | ||
to the Administrator starting January 2, 2016, and every | ||
January 2 thereafter. The application shall include a modified | ||
9-1-1 system plan as required by this Act in support of the | ||
consolidation plan. The Administrator shall have until June 30, | ||
2016 and every June 30 thereafter to approve 9-1-1 System | ||
Consolidation grants and modified 9-1-1 system plans. Payment | ||
under the approved 9-1-1 System Consolidation grants shall be | ||
contingent upon the final approval of a modified 9-1-1 system | ||
plan. | ||
(c) Existing and previously completed consolidation | ||
projects shall be eligible to apply for reimbursement of costs | ||
related to the consolidation incurred between 2010 and the | ||
State fiscal year of the application. | ||
(d) The 9-1-1 systems that receive grants under this | ||
Section shall provide a report detailing grant fund usage to | ||
the Administrator pursuant to Section 40 of this Act.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/15.5)
| ||
Sec. 15.5. Private residential switch service 9-1-1
| ||
service. | ||
(a) After June 30, 1995, an entity that provides or | ||
operates private
residential switch service and provides | ||
telecommunications facilities or
services to residents shall |
provide to those residential end users the same
level of 9-1-1 | ||
service as the public agency and the telecommunications carrier
| ||
are providing to other residential end users of the local 9-1-1 | ||
system. This
service shall include, but not be limited to, the | ||
capability to identify the
telephone number, extension number, | ||
and the physical location that is the
source
of the call to the | ||
number designated as the emergency telephone number.
| ||
(b) The private residential switch operator is responsible | ||
for forwarding
end user automatic location identification | ||
record information to the 9-1-1
system
provider according to | ||
the format, frequency, and procedures established by that
| ||
system provider.
| ||
(c) This Act does not apply to any PBX telephone extension | ||
that uses radio
transmissions to convey electrical signals | ||
directly between the telephone
extension and the serving PBX.
| ||
(d) An entity that violates this Section is guilty of a | ||
business
offense
and shall be fined not less than $1,000 and | ||
not more than $5,000.
| ||
(e) Nothing in this Section shall be
construed to preclude | ||
the Attorney General on behalf of the Department or on
his or | ||
her own initiative, or any other interested person, from | ||
seeking
judicial relief, by mandamus, injunction, or | ||
otherwise, to compel compliance
with this Section.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/15.6)
|
Sec. 15.6. Enhanced 9-1-1 service; business service.
| ||
(a) After June 30, 2000, or within 18 months after enhanced | ||
9-1-1 service
becomes available, any entity that installs or | ||
operates a private business
switch service and provides | ||
telecommunications facilities or services to
businesses shall | ||
assure that the system is connected to the public switched
| ||
network in a manner that calls to 9-1-1 result in automatic | ||
number and location
identification. For buildings having their | ||
own street address and containing
workspace of 40,000 square | ||
feet or less, location identification shall include
the | ||
building's street address. For buildings having their own | ||
street
address and containing workspace of more than 40,000 | ||
square feet, location
identification shall include the | ||
building's street address and one distinct
location | ||
identification per 40,000 square feet of workspace. Separate
| ||
buildings containing workspace of 40,000 square feet or less | ||
having a common
public street address shall have a distinct | ||
location identification for each
building in addition to the | ||
street address.
| ||
(b) Exemptions. Buildings containing workspace of more | ||
than 40,000 square
feet are exempt from the multiple location | ||
identification requirements of
subsection (a) if the building | ||
maintains, at all times, alternative and
adequate means of | ||
signaling and responding to emergencies. Those means shall
| ||
include, but not be limited to, a telephone system that | ||
provides the physical
location of 9-1-1 calls coming from |
within the building. Health care
facilities are presumed to | ||
meet the requirements of this paragraph if the
facilities are | ||
staffed with medical or nursing personnel 24 hours per day and
| ||
if an alternative means of providing information about the | ||
source of an
emergency call exists. Buildings under this | ||
exemption must provide 9-1-1
service that provides the | ||
building's street address.
| ||
Buildings containing workspace of more than 40,000 square | ||
feet are exempt
from subsection (a) if the building maintains, | ||
at all times, alternative and
adequate means of signaling and | ||
responding to emergencies, including a
telephone system that | ||
provides the location of a 9-1-1 call coming from within
the | ||
building, and the building is serviced by its own medical, fire | ||
and
security personnel. Buildings under this exemption are | ||
subject to emergency
phone system certification by the | ||
Administrator.
| ||
Buildings in communities not serviced by enhanced 9-1-1 | ||
service are exempt
from subsection (a).
| ||
Correctional institutions and facilities, as defined in | ||
subsection (d) of
Section 3-1-2 of the Unified Code of | ||
Corrections, are exempt from subsection
(a).
| ||
(c) This Act does not apply to any PBX telephone extension | ||
that uses radio
transmissions to convey electrical signals | ||
directly between the telephone
extension and the serving PBX.
| ||
(d) An entity that violates this Section is guilty of a | ||
business
offense and shall be fined not less than $1,000 and |
not more than $5,000.
| ||
(e) Nothing in this Section shall be
construed to preclude | ||
the Attorney General on behalf of the Department or on
his or | ||
her own initiative, or any other interested person, from | ||
seeking
judicial relief, by mandamus, injunction, or | ||
otherwise, to compel compliance
with this Section.
| ||
(f) The Department may promulgate rules for the | ||
administration of this
Section.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/15.6a) | ||
Sec. 15.6a. Wireless emergency 9-1-1 service. | ||
(a) The digits "9-1-1" shall be the designated emergency | ||
telephone number within the wireless system. | ||
(b) The Department may set non-discriminatory and uniform | ||
technical and operational standards consistent with the rules | ||
of the Federal Communications Commission for directing calls to | ||
authorized public safety answering points. These standards | ||
shall not in any way prescribe the technology or manner a | ||
wireless carrier shall use to deliver wireless 9-1-1 or | ||
wireless E9-1-1 calls, and these standards shall not exceed the | ||
requirements set by the Federal Communications Commission; | ||
however, standards for directing calls to the authorized public | ||
safety answering point shall be included. The authority given | ||
to the Department in this Section is limited to setting | ||
standards as set forth herein and does not constitute authority |
to regulate wireless carriers. | ||
(c) For the purpose of providing wireless 9-1-1 emergency | ||
services, an emergency telephone system board or, in the | ||
absence of an emergency telephone system board, a qualified | ||
governmental entity, may declare its intention for one or more | ||
of its public safety answering points to serve as a primary | ||
wireless 9-1-1 public safety answering point for its | ||
jurisdiction by notifying the Administrator in writing within 6 | ||
months after receiving its authority to operate a 9-1-1 system | ||
under this Act. In addition, 2 or more emergency telephone | ||
system boards or qualified governmental entities may, by virtue | ||
of an intergovernmental agreement, provide wireless 9-1-1 | ||
service. Until the jurisdiction comes into compliance with | ||
Section 15.4a of this Act, the The Department of State Police | ||
shall be the primary wireless 9-1-1 public safety answering | ||
point for any jurisdiction that did not provide notice to the | ||
Illinois Commerce Commission and the Department prior to | ||
January 1, 2016. | ||
(d) The Administrator, upon a request from a qualified | ||
governmental entity or an emergency telephone system board and | ||
with the advice and recommendation of the Statewide 9-1-1 | ||
Advisory Board, may grant authority to the emergency telephone | ||
system board or a qualified governmental entity to provide | ||
wireless 9-1-1 service in areas for which the Department has | ||
accepted wireless 9-1-1 responsibility. The Administrator | ||
shall maintain a current list of all 9-1-1 systems and |
qualified governmental entities providing wireless 9-1-1 | ||
service under this Act.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/15.6b) | ||
Sec. 15.6b. Next Generation 9-1-1 service. | ||
(a) The Administrator, with the advice and recommendation | ||
of the Statewide 9-1-1 Advisory Board, shall develop and | ||
implement a plan for a statewide Next Generation 9-1-1 network. | ||
The Next Generation 9-1-1 network must be an Internet | ||
protocol-based platform that at a minimum provides: | ||
(1) improved 9-1-1 call delivery; | ||
(2) enhanced interoperability; | ||
(3) increased ease of communication between 9-1-1 | ||
service providers, allowing immediate transfer of 9-1-1 | ||
calls, caller information, photos, and other data | ||
statewide; | ||
(4) a hosted solution with redundancy built in; and | ||
(5) compliance with NENA Standards i3 Solution 08-003. | ||
(b) By July 1, 2016, the Administrator, with the advice and | ||
recommendation of the Statewide 9-1-1 Advisory Board, shall | ||
design and issue a competitive request for a proposal to secure | ||
the services of a consultant to complete a feasibility study on | ||
the implementation of a statewide Next Generation 9-1-1 network | ||
in Illinois. By July 1, 2017, the consultant shall complete the | ||
feasibility study and make recommendations as to the |
appropriate procurement approach for developing a statewide | ||
Next Generation 9-1-1 network. | ||
(c) Within 12 months of the final report from the | ||
consultant under subsection (b) of this Section, the Department | ||
shall procure and finalize a contract with a vendor certified | ||
under Section 13-900 of the Public Utilities Act to establish a | ||
statewide Next Generation 9-1-1 network. By July 1, 2020, the | ||
vendor shall implement a Next Generation 9-1-1 network that | ||
allows 9-1-1 systems providing 9-1-1 service to Illinois | ||
residents to access the system utilizing their current | ||
infrastructure if it meets the standards adopted by the | ||
Department.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/15.7) | ||
Sec. 15.7. Compliance with certification of 9-1-1 system | ||
providers by the Illinois Commerce Commission. In addition to | ||
the requirements of this Act, all 9-1-1 system providers must | ||
comply with the requirements of Section 13-900 of the Public | ||
Utilities Act.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/15.8) | ||
Sec. 15.8. 9-1-1 dialing from a business. | ||
(a) Any entity that installs or operates a private business | ||
switch service and provides telecommunications facilities or |
services to businesses shall ensure that all systems installed | ||
on or after July 1, 2015 (the effective date of Public Act | ||
98-875) are connected to the public switched network in a | ||
manner such that when a user dials "9-1-1", the emergency call | ||
connects to the 9-1-1 system without first dialing any number | ||
or set of numbers. | ||
(b) The requirements of this Section do not apply to: | ||
(1) any entity certified by the Illinois Commerce | ||
Commission to operate a Private Emergency Answering Point | ||
as defined in 83 Ill. Adm. Code 726.105; or | ||
(2) correctional institutions and facilities as | ||
defined in subsection (d) of Section 3-1-2 of the Unified | ||
Code of Corrections. | ||
(c) An entity that violates this Section is guilty of a | ||
business offense and shall be fined not less than $1,000 and | ||
not more than $5,000.
| ||
(Source: P.A. 98-875, eff. 7-1-15; 99-6, eff. 1-1-16 .)
| ||
(50 ILCS 750/16) (from Ch. 134, par. 46)
| ||
Sec. 16. This Act takes effect July 1, 1975. | ||
(Source: P.A. 79-1092 .)
| ||
(50 ILCS 750/17.5 new) | ||
Sec. 17.5. 9-1-1 call transfer, forward, or relay. | ||
(a) The General Assembly finds the following: | ||
(1) Some 9-1-1 systems throughout this State do not |
have a procedure in place to manually transfer, forward, or | ||
relay 9-1-1 calls originating within one 9-1-1 system's | ||
jurisdiction, but which should properly be answered and | ||
dispatched by another 9-1-1 system, to the appropriate | ||
9-1-1 system for answering and dispatch of first | ||
responders. | ||
(2) On January 1, 2016, the General Assembly gave | ||
oversight authority of 9-1-1 systems to the Department of | ||
State Police. | ||
(3) Since that date, the Department of State Police has | ||
authorized individual 9-1-1 systems in counties and | ||
municipalities to implement and upgrade enhanced 9-1-1 | ||
systems throughout the State. | ||
(b) The Department shall prepare a directory of all | ||
authorized 9-1-1 systems in the State. The directory shall | ||
include an emergency 24/7 10-digit telephone number for all | ||
primary public safety answering points located in each 9-1-1 | ||
system to which 9-1-1 calls from another jurisdiction can be | ||
transferred. This directory shall be made available to each | ||
9-1-1 authority for its use in establishing standard operating | ||
procedures regarding calls outside its 9-1-1 jurisdiction. | ||
(c) Each 9-1-1 system shall provide the Department with the | ||
following information: | ||
(1) The name of the PSAP, a list of every participating | ||
agency, and the county the PSAP is in, including college | ||
and university public safety entities. |
(2) The 24/7 10-digit emergency telephone number and | ||
email address for the dispatch agency to which 9-1-1 calls | ||
originating in another 9-1-1 jurisdiction can be | ||
transferred or by which the PSAP can be contacted via email | ||
to exchange information. Each 9-1-1 system shall provide | ||
the Department with any changes to the participating | ||
agencies and this number and email address immediately upon | ||
the change occurring. Each 9-1-1 system shall provide the | ||
PSAP information, the 24/7 10-digit emergency telephone | ||
number and email address to the Manager of the Department's | ||
9-1-1 Program within 30 days of the effective date of this | ||
amendatory Act of the 100th General Assembly. | ||
(3) The standard operating procedure describing the | ||
manner in which the 9-1-1 system will transfer, forward, or | ||
relay 9-1-1 calls originating within its jurisdiction, but | ||
which should properly be answered and dispatched by another | ||
9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1 | ||
system shall provide the standard operating procedures to | ||
the Manager of the Department's 9-1-1 Program within 180 | ||
days after the effective date of this amendatory Act of the | ||
100th General Assembly. | ||
(50 ILCS 750/19) | ||
Sec. 19. Statewide 9-1-1 Advisory Board. | ||
(a) Beginning July 1, 2015, there is created the Statewide | ||
9-1-1 Advisory Board within the Department of State Police. The |
Board shall consist of the following 11 voting members: | ||
(1) The Director of the State Police, or his or her | ||
designee, who shall serve as chairman. | ||
(2) The Executive Director of the Commission, or his or | ||
her designee. | ||
(3) Nine members appointed by the Governor as follows: | ||
(A) one member representing the Illinois chapter | ||
of the National Emergency Number Association, or his or | ||
her designee; | ||
(B) one member representing the Illinois chapter | ||
of the Association of Public-Safety Communications | ||
Officials, or his or her designee; | ||
(C) one member representing a county 9-1-1 system | ||
from a county with a population of less than 50,000; | ||
(D) one member representing a county 9-1-1 system | ||
from a county with a population between 50,000 and | ||
250,000; | ||
(E) one member representing a county 9-1-1 system | ||
from a county with a population of more than 250,000; | ||
(F) one member representing a municipality with a | ||
population of less than 500,000 in a county with a | ||
population in excess of 2,000,000; | ||
(G) one member representing the Illinois | ||
Association of Chiefs of Police; | ||
(H) one member representing the Illinois Sheriffs' | ||
Association; and |
(I) one member representing the Illinois Fire | ||
Chiefs Association. | ||
The Governor shall appoint the following non-voting | ||
members: (i) one member representing an incumbent local | ||
exchange 9-1-1 system provider; (ii) one member representing a | ||
non-incumbent local exchange 9-1-1 system provider; (iii) one | ||
member representing a large wireless carrier; (iv) one member | ||
representing an incumbent local exchange a small wireless | ||
carrier; and (v) one member representing the Illinois | ||
Telecommunications Association ; (vi) one member representing | ||
the Cable Television and Communication Association of | ||
Illinois; and (vii) one member representing the Illinois State | ||
Ambulance Association . The Speaker of the House of | ||
Representatives, the Minority Leader of the House of | ||
Representatives, the President of the Senate, and the Minority | ||
Leader of the Senate may each appoint a member of the General | ||
Assembly to temporarily serve as a non-voting member of the | ||
Board during the 12 months prior to the repeal date of this Act | ||
to discuss legislative initiatives of the Board. | ||
(b) The Governor shall make initial appointments to the | ||
Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the | ||
voting members appointed by the Governor shall serve an initial | ||
term of 2 years, and the remaining voting members appointed by | ||
the Governor shall serve an initial term of 3 years. | ||
Thereafter, each appointment by the Governor shall be for a | ||
term of 3 years. Non-voting members shall serve for a term of 3 |
years. Vacancies shall be filled in the same manner as the | ||
original appointment. Persons appointed to fill a vacancy shall | ||
serve for the balance of the unexpired term. | ||
Members of the Statewide 9-1-1 Advisory Board shall serve | ||
without compensation. | ||
(c) The 9-1-1 Services Advisory Board, as constituted on | ||
June 1, 2015 without the legislative members, shall serve in | ||
the role of the Statewide 9-1-1 Advisory Board until all | ||
appointments of voting members have been made by the Governor | ||
under subsection (a) of this Section. | ||
(d) The Statewide 9-1-1 Advisory Board shall: | ||
(1) advise the Department of State Police and the | ||
Statewide 9-1-1 Administrator on the oversight of 9-1-1 | ||
systems and the development and implementation of a uniform | ||
statewide 9-1-1 system; | ||
(2) make recommendations to the Governor and the | ||
General Assembly regarding improvements to 9-1-1 services | ||
throughout the State; and | ||
(3) exercise all other powers and duties provided in | ||
this Act. | ||
(e) The Statewide 9-1-1 Advisory Board shall submit to the | ||
General Assembly a report by March 1 of each year providing an | ||
update on the transition to a statewide 9-1-1 system and | ||
recommending any legislative action. | ||
(f) The Department of State Police shall provide | ||
administrative support to the Statewide 9-1-1 Advisory Board.
|
(Source: P.A. 99-6, eff. 6-29-15.) | ||
(50 ILCS 750/20) | ||
Sec. 20. Statewide surcharge. | ||
(a) On and after January 1, 2016, and except with respect | ||
to those customers who are subject to surcharges as provided in | ||
Sections 15.3 and 15.3a of this Act, a monthly surcharge shall | ||
be imposed on all customers of telecommunications carriers and | ||
wireless carriers as follows: | ||
(1) Each telecommunications carrier shall impose a | ||
monthly surcharge of $0.87 per network connection; | ||
provided, however, the monthly surcharge shall not apply to | ||
a network connection provided for use with pay telephone | ||
services. Where multiple voice grade communications | ||
channels are connected between the subscriber's premises | ||
and a public switched network through private branch | ||
exchange (PBX) , or centrex type service , or other multiple | ||
voice grade communication channels facility, there shall | ||
be imposed 5 such surcharges per network connection for | ||
both regular service and advanced service provisioned | ||
trunk lines. Until December 31, 2017, the surcharge shall | ||
be $0.87 per network connection and on and after January 1, | ||
2018, the surcharge shall be $1.50 per network connection. | ||
(2) Each wireless carrier shall impose and collect a | ||
monthly surcharge of $0.87 per CMRS connection that either | ||
has a telephone number within an area code assigned to |
Illinois by the North American Numbering Plan | ||
Administrator or has a billing address in this State. Until | ||
December 31, 2017, the surcharge shall be $0.87 per | ||
connection and on and after January 1, 2018, the surcharge | ||
shall be $1.50 per connection. | ||
(b) State and local taxes shall not apply to the surcharges | ||
imposed under this Section. | ||
(c) The surcharges imposed by this Section shall be stated | ||
as a separately stated item on subscriber bills. | ||
(d) The telecommunications carrier collecting the | ||
surcharge may deduct and retain an amount not to exceed shall | ||
also be entitled to deduct 3% of the gross amount of surcharge | ||
collected to reimburse the telecommunications carrier for the | ||
expense of accounting and collecting the surcharge. On and | ||
after July 1, 2022, the wireless carrier collecting a surcharge | ||
under this Section may deduct and retain an amount not to | ||
exceed shall be entitled to deduct up to 3% of the gross amount | ||
of the surcharge collected to reimburse the wireless carrier | ||
for the expense of accounting and collecting the surcharge. | ||
(e) Surcharges imposed under this Section shall be | ||
collected by the carriers and shall be remitted to the | ||
Department , within 30 days of collection, remitted, either by | ||
check or electronic funds transfer, by the end of the next | ||
calendar month after the calendar month in which it was | ||
collected to the Department for deposit into the Statewide | ||
9-1-1 Fund. Carriers are not required to remit surcharge moneys |
that are billed to subscribers but not yet collected. | ||
The first remittance by wireless carriers shall include the | ||
number of subscribers by zip code, and the 9-digit zip code if | ||
currently being used or later implemented by the carrier, that | ||
shall be the means by which the Department shall determine | ||
distributions from the Statewide 9-1-1 Fund. This information | ||
shall be updated at least once each year. Any carrier that | ||
fails to provide the zip code information required under this | ||
subsection (e) shall be subject to the penalty set forth in | ||
subsection (g) of this Section. | ||
(f) If, within 8 calendar 5 business days after it is due | ||
under subsection (e) of this Section, a carrier does not remit | ||
the surcharge or any portion thereof required under this | ||
Section, then the surcharge or portion thereof shall be deemed | ||
delinquent until paid in full, and the Department may impose a | ||
penalty against the carrier in an amount equal to the greater | ||
of: | ||
(1) $25 for each month or portion of a month from the | ||
time an amount becomes delinquent until the amount is paid | ||
in full; or | ||
(2) an amount equal to the product of 1% and the sum of | ||
all delinquent amounts for each month or portion of a month | ||
that the delinquent amounts remain unpaid. | ||
A penalty imposed in accordance with this subsection (f) | ||
for a portion of a month during which the carrier pays the | ||
delinquent amount in full shall be prorated for each day of |
that month that the delinquent amount was paid in full. Any | ||
penalty imposed under this subsection (f) is in addition to the | ||
amount of the delinquency and is in addition to any other | ||
penalty imposed under this Section. | ||
(g) If, within 8 calendar 5 business days after it is due, | ||
a wireless carrier does not provide the number of subscribers | ||
by zip code as required under subsection (e) of this Section, | ||
then the report is deemed delinquent and the Department may | ||
impose a penalty against the carrier in an amount equal to the | ||
greater of: | ||
(1) $25 for each month or portion of a month that the | ||
report is delinquent; or | ||
(2) an amount equal to the product of $0.01 and the | ||
number of subscribers served by the carrier for each month | ||
or portion of a month that the delinquent report is not | ||
provided . | ||
A penalty imposed in accordance with this subsection (g) | ||
for a portion of a month during which the carrier provides the | ||
number of subscribers by zip code as required under subsection | ||
(e) of this Section shall be prorated for each day of that | ||
month during which the carrier had not provided the number of | ||
subscribers by zip code as required under subsection (e) of | ||
this Section. Any penalty imposed under this subsection (g) is | ||
in addition to any other penalty imposed under this Section. | ||
(h) A penalty imposed and collected in accordance with | ||
subsection (f) or (g) of this Section shall be deposited into |
the Statewide 9-1-1 Fund for distribution according to Section | ||
30 of this Act. | ||
(i) The Department may enforce the collection of any | ||
delinquent amount and any penalty due and unpaid under this | ||
Section by legal action or in any other manner by which the | ||
collection of debts due the State of Illinois may be enforced | ||
under the laws of this State. The Department may excuse the | ||
payment of any penalty imposed under this Section if the | ||
Administrator determines that the enforcement of this penalty | ||
is unjust. | ||
(j) Notwithstanding any provision of law to the contrary, | ||
nothing shall impair the right of wireless carriers to recover | ||
compliance costs for all emergency communications services | ||
that are not reimbursed out of the Wireless Carrier | ||
Reimbursement Fund directly from their wireless subscribers by | ||
line-item charges on the wireless subscriber's bill. Those | ||
compliance costs include all costs incurred by wireless | ||
carriers in complying with local, State, and federal regulatory | ||
or legislative mandates that require the transmission and | ||
receipt of emergency communications to and from the general | ||
public, including, but not limited to, E9-1-1.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/30) | ||
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement. | ||
(a) A special fund in the State treasury known as the |
Wireless Service Emergency Fund shall be renamed the Statewide | ||
9-1-1 Fund. Any appropriations made from the Wireless Service | ||
Emergency Fund shall be payable from the Statewide 9-1-1 Fund. | ||
The Fund shall consist of the following: | ||
(1) 9-1-1 wireless surcharges assessed under the | ||
Wireless Emergency Telephone Safety Act. | ||
(2) 9-1-1 surcharges assessed under Section 20 of this | ||
Act. | ||
(3) Prepaid wireless 9-1-1 surcharges assessed under | ||
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
(4) Any appropriations, grants, or gifts made to the | ||
Fund. | ||
(5) Any income from interest, premiums, gains, or other | ||
earnings on moneys in the Fund. | ||
(6) Money from any other source that is deposited in or | ||
transferred to the Fund. | ||
(b) Subject to appropriation and availability of funds , the | ||
Department shall distribute the 9-1-1 surcharges monthly as | ||
follows: | ||
(1) From each surcharge collected and remitted under | ||
Section 20 of this Act: | ||
(A) $0.013 shall be distributed monthly in equal | ||
amounts to each County Emergency Telephone System | ||
Board or qualified governmental entity in counties | ||
with a population under 100,000 according to the most | ||
recent census data which is authorized to serve as a |
primary wireless 9-1-1 public safety answering point | ||
for the county and to provide wireless 9-1-1 service as | ||
prescribed by subsection (b) of Section 15.6a of this | ||
Act, and which does provide such service. | ||
(B) $0.033 shall be transferred by the Comptroller | ||
at the direction of the Department to the Wireless | ||
Carrier Reimbursement Fund until June 30, 2017; from | ||
July 1, 2017 through June 30, 2018, $0.026 shall be | ||
transferred; from July 1, 2018 through June 30, 2019, | ||
$0.020 shall be transferred; from July 1, 2019, through | ||
June 30, 2020, $0.013 shall be transferred; from July | ||
1, 2020 through June 30, 2021, $0.007 will be | ||
transferred; and after June 30, 2021, no transfer shall | ||
be made to the Wireless Carrier Reimbursement Fund. | ||
(C) Until December 31, 2017, $0.007 and on and | ||
after January 1, 2018, $0.017 shall be used to cover | ||
the Department's administrative costs. | ||
(D) Beginning January 1, 2018, until June 30, 2020, | ||
$0.12, and on and after July 1, 2020, $0.04 shall be | ||
used to make monthly proportional grants to the | ||
appropriate 9-1-1 Authority currently taking wireless | ||
9-1-1 based upon the United States Postal Zip Code of | ||
the billing addresses of subscribers wireless | ||
carriers. | ||
(E) Until June 30, 2020, $0.05 shall be used by the | ||
Department for grants for NG9-1-1 expenses, with |
priority given to 9-1-1 Authorities that provide 9-1-1 | ||
service within the territory of a Large Electing | ||
Provider as defined in Section 13-406.1 of the Public | ||
Utilities Act. | ||
(F) On and after July 1, 2020, $0.13 shall be used | ||
for the implementation of and continuing expenses for | ||
the Statewide NG9-1-1 system. | ||
(2) After disbursements under paragraph (1) of this | ||
subsection (b), all remaining funds in the Statewide 9-1-1 | ||
Fund shall be disbursed in the following priority order: | ||
(A) The Fund shall will pay monthly to: | ||
(i) the 9-1-1 Authorities that imposed | ||
surcharges under Section 15.3 of this Act and were | ||
required to report to the Illinois Commerce | ||
Commission under Section 27 of the Wireless | ||
Emergency Telephone Safety Act on October 1, 2014, | ||
except a 9-1-1 Authority in a municipality with a | ||
population in excess of 500,000, an amount equal to | ||
the average monthly wireline and VoIP surcharge | ||
revenue attributable to the most recent 12-month | ||
period reported to the Department under that | ||
Section for the October 1, 2014 filing, subject to | ||
the power of the Department to investigate the | ||
amount reported and adjust the number by order | ||
under Article X of the Public Utilities Act, so | ||
that the monthly amount paid under this item |
accurately reflects one-twelfth of the aggregate | ||
wireline and VoIP surcharge revenue properly | ||
attributable to the most recent 12-month period | ||
reported to the Commission; or | ||
(ii) county qualified governmental entities | ||
that did not impose a surcharge under Section 15.3 | ||
as of December 31, 2015, and counties that did not | ||
impose a surcharge as of June 30, 2015, an amount | ||
equivalent to their population multiplied by .37 | ||
multiplied by the rate of $0.69; counties that are | ||
not county qualified governmental entities and | ||
that did not impose a surcharge as of December 31, | ||
2015, shall not begin to receive the payment | ||
provided for in this subsection until E9-1-1 and | ||
wireless E9-1-1 services are provided within their | ||
counties; or | ||
(iii) counties without 9-1-1 service that had | ||
a surcharge in place by December 31, 2015, an | ||
amount equivalent to their population multiplied | ||
by .37 multiplied by their surcharge rate as | ||
established by the referendum. | ||
(B) All 9-1-1 network costs for systems outside of | ||
municipalities with a population of at least 500,000 | ||
shall be paid by the Department directly to the | ||
vendors. | ||
(C) All expenses incurred by the Administrator and |
the Statewide 9-1-1 Advisory Board and costs | ||
associated with procurement under Section 15.6b | ||
including requests for information and requests for | ||
proposals. | ||
(D) Funds may be held in reserve by the Statewide | ||
9-1-1 Advisory Board and disbursed by the Department | ||
for grants under Section 15.4b of this Act Sections | ||
15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5 | ||
million per year in State fiscal years 2016 and 2017; | ||
up to $20 $13.5 million in State fiscal year 2018; up | ||
to $20.9 $14.4 million in State fiscal year 2019; up to | ||
$15.3 million in State fiscal year 2020; up to $16.2 | ||
million in State fiscal year 2021; up to $23.1 million | ||
in State fiscal year 2022; and up to $17.0 million per | ||
year for State fiscal year 2023 and each year | ||
thereafter. The amount held in reserve in State fiscal | ||
years 2018 and 2019 shall not be less than $6.5 | ||
million. Disbursements under this subparagraph (D) | ||
shall be prioritized as follows: (i) consolidation | ||
grants prioritized under subsection (a) of Section | ||
15.4b of this Act; (ii) NG9-1-1 expenses; and (iii) | ||
consolidation grants under Section 15.4b of this Act | ||
for consolidation expenses incurred between January 1, | ||
2010, and January 1, 2016. | ||
(E) All remaining funds per remit month shall be | ||
used to make monthly proportional grants to the |
appropriate 9-1-1 Authority currently taking wireless | ||
9-1-1 based upon the United States Postal Zip Code of | ||
the billing addresses of subscribers of wireless | ||
carriers. | ||
(c) The moneys deposited into the Statewide 9-1-1 Fund | ||
under this Section shall not be subject to administrative | ||
charges or chargebacks unless otherwise authorized by this Act. | ||
(d) Whenever two or more 9-1-1 Authorities consolidate, the | ||
resulting Joint Emergency Telephone System Board shall be | ||
entitled to the monthly payments that had theretofore been made | ||
to each consolidating 9-1-1 Authority. Any reserves held by any | ||
consolidating 9-1-1 Authority shall be transferred to the | ||
resulting Joint Emergency Telephone System Board. Whenever a | ||
county that has no 9-1-1 service as of January 1, 2016 enters | ||
into an agreement to consolidate to create or join a Joint | ||
Emergency Telephone System Board, the Joint Emergency | ||
Telephone System Board shall be entitled to the monthly | ||
payments that would have otherwise been paid to the county if | ||
it had provided 9-1-1 service.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/35) | ||
Sec. 35. 9-1-1 surcharge; allowable expenditures. Except | ||
as otherwise provided in this Act, expenditures from surcharge | ||
revenues received under this Act may be made by municipalities, | ||
counties, and 9-1-1 Authorities only to pay for the costs |
associated with the following: | ||
(1) The design of the Emergency Telephone System. | ||
(2) The coding of an initial Master Street Address | ||
Guide database, and update and maintenance thereof. | ||
(3) The repayment of any moneys advanced for the | ||
implementation of the system. | ||
(4) The charges for Automatic Number Identification | ||
and Automatic Location Identification equipment, a | ||
computer aided dispatch system that records, maintains, | ||
and integrates information, mobile data transmitters | ||
equipped with automatic vehicle locators, and maintenance, | ||
replacement, and update thereof to increase operational | ||
efficiency and improve the provision of emergency | ||
services. | ||
(5) The non-recurring charges related to installation | ||
of the Emergency Telephone System. | ||
(6) The initial acquisition and installation, or the | ||
reimbursement of costs therefor to other governmental | ||
bodies that have incurred those costs, of road or street | ||
signs that are essential to the implementation of the | ||
Emergency Telephone System and that are not duplicative of | ||
signs that are the responsibility of the jurisdiction | ||
charged with maintaining road and street signs. Funds may | ||
not be used for ongoing expenses associated with road or | ||
street sign maintenance and replacement. | ||
(7) Other products and services necessary for the |
implementation, upgrade, and maintenance of the system and | ||
any other purpose related to the operation of the system, | ||
including costs attributable directly to the construction, | ||
leasing, or maintenance of any buildings or facilities or | ||
costs of personnel attributable directly to the operation | ||
of the system. Costs attributable directly to the operation | ||
of an emergency telephone system do not include the costs | ||
of public safety agency personnel who are and equipment | ||
that is dispatched in response to an emergency call. | ||
(8) The defraying of expenses incurred to implement | ||
Next Generation 9-1-1, subject to the conditions set forth | ||
in this Act. | ||
(9) The implementation of a computer aided dispatch | ||
system or hosted supplemental 9-1-1 services. | ||
(10) The design, implementation, operation, | ||
maintenance, or upgrade of wireless 9-1-1 , or E9-1-1 , or | ||
NG9-1-1 emergency services and public safety answering | ||
points. | ||
Moneys in the Statewide 9-1-1 Fund may also be transferred | ||
to a participating fire protection district to reimburse | ||
volunteer firefighters who man remote telephone switching | ||
facilities when dedicated 9-1-1 lines are down. | ||
In the case of a municipality with a population over | ||
500,000, moneys may also be used for any anti-terrorism or | ||
emergency preparedness measures, including, but not limited | ||
to, preparedness planning, providing local matching funds for |
federal or State grants, personnel training, and specialized | ||
equipment, including surveillance cameras, as needed to deal | ||
with natural and terrorist-inspired emergency situations or | ||
events.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/40) | ||
Sec. 40. Financial reports. | ||
(a) The Department shall create uniform accounting | ||
procedures, with such modification as may be required to give | ||
effect to statutory provisions applicable only to | ||
municipalities with a population in excess of 500,000, that any | ||
emergency telephone system board, qualified governmental | ||
entity, or unit of local government receiving surcharge money | ||
pursuant to Section 15.3, 15.3a, or 30 of this Act must follow. | ||
(b) By January 31, 2018, and every January 31 thereafter | ||
October 1, 2016, and every October 1 thereafter , each emergency | ||
telephone system board, qualified governmental entity, or unit | ||
of local government receiving surcharge money pursuant to | ||
Section 15.3, 15.3a, or 30 shall report to the Department | ||
audited financial statements showing total revenue and | ||
expenditures for the period beginning with the end of the | ||
period covered by the last submitted report through the end of | ||
the previous calendar year previous fiscal year in a form and | ||
manner as prescribed by the Department. Such financial | ||
information shall include: |
(1) a detailed summary of revenue from all sources | ||
including, but not limited to, local, State, federal, and | ||
private revenues, and any other funds received; | ||
(2) all expenditures made during the reporting period | ||
from distributions under this Act; operating expenses, | ||
capital expenditures, and cash balances; and | ||
(3) call data and statistics, when available, from the | ||
reporting period, as specified by the Department and | ||
collected in accordance with any reporting method | ||
established or required such other financial information | ||
that is relevant to the provision of 9-1-1 services as | ||
determined by the Department ; . | ||
(4) all costs associated with dispatching appropriate | ||
public safety agencies to respond to 9-1-1 calls received | ||
by the PSAP; and | ||
(5) all funding sources and amounts of funding used for | ||
costs described in paragraph (4) of this subsection (b). | ||
The emergency telephone system board, qualified | ||
governmental entity, or unit of local government is responsible | ||
for any costs associated with auditing such financial | ||
statements. The Department shall post the audited financial | ||
statements on the Department's website. | ||
(c) Along with its audited financial statement, each | ||
emergency telephone system board, qualified governmental | ||
entity, or unit of local government receiving a grant under | ||
Section 15.4b of this Act shall include a report of the amount |
of grant moneys received and how the grant moneys were used. In | ||
case of a conflict between this requirement and the Grant | ||
Accountability and Transparency Act, or with the rules of the | ||
Governor's Office of Management and Budget adopted thereunder, | ||
that Act and those rules shall control. | ||
(d) If an emergency telephone system board or qualified | ||
governmental entity that receives funds from the Statewide | ||
9-1-1 Fund fails to file the 9-1-1 system financial reports as | ||
required under this Section, the Department shall suspend and | ||
withhold monthly disbursements otherwise due to the emergency | ||
telephone system board or qualified governmental entity under | ||
Section 30 of this Act until the report is filed. | ||
Any monthly disbursements that have been withheld for 12 | ||
months or more shall be forfeited by the emergency telephone | ||
system board or qualified governmental entity and shall be | ||
distributed proportionally by the Department to compliant | ||
emergency telephone system boards and qualified governmental | ||
entities that receive funds from the Statewide 9-1-1 Fund. | ||
Any emergency telephone system board or qualified | ||
governmental entity not in compliance with this Section shall | ||
be ineligible to receive any consolidation grant or | ||
infrastructure grant issued under this Act. | ||
(e) The Department may adopt emergency rules necessary to | ||
implement the provisions of this Section.
| ||
(f) Any findings or decisions of the Department under this | ||
Section shall be deemed a final administrative decision and |
shall be subject to judicial review under the Administrative | ||
Review Law. | ||
(g) Beginning October 1, 2017, the Department shall provide | ||
a quarterly report to the Board of its expenditures from the | ||
Statewide 9-1-1 Fund for the prior fiscal quarter. | ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/45) | ||
Sec. 45. Wireless Carrier Reimbursement Fund. | ||
(a) A special fund in the State treasury known as the | ||
Wireless Carrier Reimbursement Fund, which was created | ||
previously under Section 30 of the Wireless Emergency Telephone | ||
Safety Act, shall continue in existence without interruption | ||
notwithstanding the repeal of that Act. Moneys in the Wireless | ||
Carrier Reimbursement Fund may be used, subject to | ||
appropriation, only (i) to reimburse wireless carriers for all | ||
of their costs incurred in complying with the applicable | ||
provisions of Federal Communications Commission wireless | ||
enhanced 9-1-1 service mandates, and (ii) to pay the reasonable | ||
and necessary costs of the Illinois Commerce Commission in | ||
exercising its rights, duties, powers, and functions under this | ||
Act. This reimbursement to wireless carriers may include, but | ||
need not be limited to, the cost of designing, upgrading, | ||
purchasing, leasing, programming, installing, testing, and | ||
maintaining necessary data, hardware, and software and | ||
associated operating and administrative costs and overhead. |
(b) To recover costs from the Wireless Carrier | ||
Reimbursement Fund, the wireless carrier shall submit sworn | ||
invoices to the Illinois Commerce Commission. In no event may | ||
any invoice for payment be approved for (i) costs that are not | ||
related to compliance with the requirements established by the | ||
wireless enhanced 9-1-1 mandates of the Federal Communications | ||
Commission, or (ii) costs with respect to any wireless enhanced | ||
9-1-1 service that is not operable at the time the invoice is | ||
submitted. | ||
(c) If in any month the total amount of invoices submitted | ||
to the Illinois Commerce Commission and approved for payment | ||
exceeds the amount available in the Wireless Carrier | ||
Reimbursement Fund, wireless carriers that have invoices | ||
approved for payment shall receive a pro-rata share of the | ||
amount available in the Wireless Carrier Reimbursement Fund | ||
based on the relative amount of their approved invoices | ||
available that month, and the balance of the payments shall be | ||
carried into the following months until all of the approved | ||
payments are made. | ||
(d) A wireless carrier may not receive payment from the | ||
Wireless Carrier Reimbursement Fund for its costs of providing | ||
wireless enhanced 9-1-1 services in an area when a unit of | ||
local government or emergency telephone system board provides | ||
wireless 9-1-1 services in that area and was imposing and | ||
collecting a wireless carrier surcharge prior to July 1, 1998. | ||
(e) The Illinois Commerce Commission shall maintain |
detailed records of all receipts and disbursements and shall | ||
provide an annual accounting of all receipts and disbursements | ||
to the Auditor General. | ||
(f) The Illinois Commerce Commission must annually review | ||
the balance in the Wireless Carrier Reimbursement Fund as of | ||
June 30 of each year and shall direct the Comptroller to | ||
transfer into the Statewide 9-1-1 Fund for distribution in | ||
accordance with subsection (b) of Section 30 of this Act any | ||
amount in excess of outstanding invoices as of June 30 of each | ||
year. | ||
(g) The Illinois Commerce Commission shall adopt rules to | ||
govern the reimbursement process.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/50) | ||
Sec. 50. Fund audits. The Auditor General shall conduct as | ||
a part of its bi-annual audit, an audit of the Statewide 9-1-1 | ||
Fund and the Wireless Carrier Reimbursement Fund for compliance | ||
with the requirements of this Act. The audit shall include, but | ||
not be limited to, the following determinations: | ||
(1) Whether detailed records of all receipts and | ||
disbursements from the Statewide 9-1-1 Fund and the | ||
Wireless Carrier Reimbursement Fund are being maintained. | ||
(2) Whether administrative costs charged to the funds | ||
are adequately documented and are reasonable. | ||
(3) Whether the procedures for making disbursements |
and grants and providing reimbursements in accordance with | ||
the Act are adequate. | ||
(4) The status of the implementation of statewide 9-1-1 | ||
service and Next Generation 9-1-1 service in Illinois. | ||
The Illinois Commerce Commission, the Department of State | ||
Police, and any other entity or person that may have | ||
information relevant to the audit shall cooperate fully and | ||
promptly with the Office of the Auditor General in conducting | ||
the audit. The Auditor General shall commence the audit as soon | ||
as possible and distribute the report upon completion in | ||
accordance with Section 3-14 of the Illinois State Auditing | ||
Act.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/55) | ||
Sec. 55. Public disclosure. Because of the highly | ||
competitive nature of the wireless telephone industry, public | ||
disclosure of information about surcharge moneys paid by | ||
wireless carriers could have the effect of stifling competition | ||
to the detriment of the public and the delivery of wireless | ||
9-1-1 services. Therefore, the Illinois Commerce Commission, | ||
the Department of State Police, governmental agencies, and | ||
individuals with access to that information shall take | ||
appropriate steps to prevent public disclosure of this | ||
information. Information and data supporting the amount and | ||
distribution of surcharge moneys collected and remitted by an |
individual wireless carrier shall be deemed exempt information | ||
for purposes of the Freedom of Information Act and shall not be | ||
publicly disclosed. The gross amount paid by all carriers shall | ||
not be deemed exempt and may be publicly disclosed.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/60) | ||
Sec. 60. Interconnected VoIP providers. Interconnected | ||
VoIP providers in Illinois shall be subject in a competitively | ||
neutral manner to the same provisions of this Act as are | ||
provided for telecommunications carriers. Interconnected VoIP | ||
services shall not be considered an intrastate | ||
telecommunications service for the purposes of this Act in a | ||
manner inconsistent with federal law or Federal Communications | ||
Commission regulation.
| ||
(Source: P.A. 99-6, eff. 1-1-16 .) | ||
(50 ILCS 750/75) | ||
Sec. 75. Transfer of rights, functions, powers, duties, and | ||
property to Department of State Police; rules and standards; | ||
savings provisions. | ||
(a) On January 1, 2016, the rights, functions, powers, and | ||
duties of the Illinois Commerce Commission as set forth in this | ||
Act and the Wireless Emergency Telephone Safety Act existing | ||
prior to January 1, 2016, are transferred to and shall be | ||
exercised by the Department of State Police. On or before |
January 1, 2016, the Commission shall transfer and deliver to | ||
the Department all books, records, documents, property (real | ||
and personal), unexpended appropriations, and pending business | ||
pertaining to the rights, powers, duties, and functions | ||
transferred to the Department under Public Act 99-6. | ||
(b) The rules and standards of the Commission that are in | ||
effect on January 1, 2016 and that pertain to the rights, | ||
powers, duties, and functions transferred to the Department | ||
under Public Act 99-6 shall become the rules and standards of | ||
the Department on January 1, 2016, and shall continue in effect | ||
until amended or repealed by the Department. | ||
Any rules pertaining to the rights, powers, duties, and | ||
functions transferred to the Department under Public Act 99-6 | ||
that have been proposed by the Commission but have not taken | ||
effect or been finally adopted by January 1, 2016, shall become | ||
proposed rules of the Department on January 1, 2016, and any | ||
rulemaking procedures that have already been completed by the | ||
Commission for those proposed rules need not be repealed. | ||
As soon as it is practical after January 1, 2016, the | ||
Department shall revise and clarify the rules transferred to it | ||
under Public Act 99-6 to reflect the transfer of rights, | ||
powers, duties, and functions effected by Public Act 99-6 using | ||
the procedures for recodification of rules available under the | ||
Illinois Administrative Procedure Act, except that existing | ||
title, part, and section numbering for the affected rules may | ||
be retained. The Department may propose and adopt under the |
Illinois Administrative Procedure Act any other rules | ||
necessary to consolidate and clarify those rules. | ||
(c) The rights, powers, duties, and functions transferred | ||
to the Department by Public Act 99-6 shall be vested in and | ||
exercised by the Department subject to the provisions of this | ||
Act and the Wireless Emergency Telephone Safety Act. An act | ||
done by the Department or an officer, employee, or agent of the | ||
Department in the exercise of the transferred rights, powers, | ||
duties, and functions shall have the same legal effect as if | ||
done by the Commission or an officer, employee, or agent of the | ||
Commission. | ||
The transfer of rights, powers, duties, and functions to | ||
the Department under Public Act 99-6 does not invalidate any | ||
previous action taken by or in respect to the Commission, its | ||
officers, employees, or agents. References to the Commission or | ||
its officers, employees, or agents in any document, contract, | ||
agreement, or law shall, in appropriate contexts, be deemed to | ||
refer to the Department or its officers, employees, or agents. | ||
The transfer of rights, powers, duties, and functions to | ||
the Department under Public Act 99-6 does not affect any | ||
person's rights, obligations, or duties, including any civil or | ||
criminal penalties applicable thereto, arising out of those | ||
transferred rights, powers, duties, and functions. | ||
Public Act 99-6 does not affect any act done, ratified, or | ||
cancelled, any right occurring or established, or any action or | ||
proceeding commenced in an administrative, civil, or criminal |
case before January 1, 2016. Any such action or proceeding that | ||
pertains to a right, power, duty, or function transferred to | ||
the Department under Public Act 99-6 that is pending on that | ||
date may be prosecuted, defended, or continued by the | ||
Commission. | ||
For the purposes of Section 9b of the State Finance Act, | ||
the Department is the successor to the Commission with respect | ||
to the rights, duties, powers, and functions transferred by | ||
Public Act 99-6. | ||
(d) The Department is authorized to enter into an | ||
intergovernmental agreement with the Commission for the | ||
purpose of having the Commission assist the Department and the | ||
Statewide 9-1-1 Administrator in carrying out their duties and | ||
functions under this Act. The agreement may provide for funding | ||
for the Commission for its assistance to the Department and the | ||
Statewide 9-1-1 Administrator.
| ||
(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16.) | ||
(50 ILCS 750/80 new) | ||
Sec. 80. Continuation of Act; validation. | ||
(a) The General Assembly finds and declares that this | ||
amendatory Act of the 100th General Assembly manifests the | ||
intention of the General Assembly to extend the repeal of this | ||
Act and have this Act continue in effect until December 31, | ||
2020. | ||
(b) This Section shall be deemed to have been in continuous |
effect since July 1, 2017 and it shall continue to be in effect | ||
henceforward until it is otherwise lawfully repealed. All | ||
previously enacted amendments to this Act taking effect on or | ||
after July 1, 2017, are hereby validated. All actions taken in | ||
reliance on or under this Act by the Department of State Police | ||
or any other person or entity are hereby validated. | ||
(c) In order to ensure the continuing effectiveness of this | ||
Act, it is set forth in full and reenacted by this amendatory | ||
Act of the 100th General Assembly. Striking and underscoring | ||
are used only to show changes being made to the base text. This | ||
reenactment is intended as a continuation of this Act. It is | ||
not intended to supersede any amendment to this Act that is | ||
enacted by the 100th General Assembly. | ||
(50 ILCS 750/99) | ||
Sec. 99. Repealer. This Act is repealed on December 31, | ||
2020 July 1, 2017 .
| ||
(Source: P.A. 99-6, eff. 6-29-15.) | ||
Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is | ||
amended by changing Section 15 as follows: | ||
(50 ILCS 753/15)
| ||
Sec. 15. Prepaid wireless 9-1-1 surcharge. | ||
(a) Until September 30, 2015, there is hereby imposed on | ||
consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail |
transaction. Beginning October 1, 2015, the prepaid wireless | ||
9-1-1 surcharge shall be 3% per retail transaction.
The | ||
surcharge authorized by this subsection (a) does not apply in a | ||
home rule municipality having a population in excess of | ||
500,000. | ||
(a-5) On or after the effective date of this amendatory Act | ||
of the 98th General Assembly and until December 31, 2020, July | ||
1, 2017, a home rule municipality having a population in excess | ||
of 500,000 on the effective date of this amendatory Act may | ||
impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per | ||
retail transaction sourced to that jurisdiction and collected | ||
and remitted in accordance with the provisions of subsection | ||
(b-5) of this Section. On or after January 1, 2021, July 1, | ||
2017, a home rule municipality having a population in excess of | ||
500,000 on the effective date of this Act may only impose a | ||
prepaid wireless 9-1-1 surcharge not to exceed 7% per retail | ||
transaction sourced to that jurisdiction and collected and | ||
remitted in accordance with the provisions of subsection (b-5). | ||
(b) The prepaid wireless 9-1-1 surcharge shall be collected | ||
by the seller from the consumer with respect to each retail | ||
transaction occurring in this State and shall be remitted to | ||
the Department by the seller as provided in this Act. The | ||
amount of the prepaid wireless 9-1-1 surcharge shall be | ||
separately stated as a distinct item apart from the charge for | ||
the prepaid wireless telecommunications service on an invoice, | ||
receipt, or other similar document that is provided to the |
consumer by the seller or shall be otherwise disclosed to the | ||
consumer.
If the seller does not separately state the surcharge | ||
as a distinct item to the consumer as provided in this Section, | ||
then the seller shall maintain books and records as required by | ||
this Act which clearly identify the amount of the 9-1-1 | ||
surcharge for retail transactions. | ||
For purposes of this subsection (b), a retail transaction | ||
occurs in this State if (i) the retail transaction is made in | ||
person by a consumer at the seller's business location and the | ||
business is located within the State; (ii) the seller is a | ||
provider and sells prepaid wireless telecommunications service | ||
to a consumer located in Illinois; (iii) the retail transaction | ||
is treated as occurring in this State for purposes of the | ||
Retailers' Occupation Tax Act; or (iv) a seller that is | ||
included within the definition of a "retailer maintaining a | ||
place of business in this State" under Section 2 of the Use Tax | ||
Act makes a sale of prepaid wireless telecommunications service | ||
to a consumer located in Illinois. In the case of a retail | ||
transaction which does not occur in person at a seller's | ||
business location, if a consumer uses a credit card to purchase | ||
prepaid wireless telecommunications service on-line or over | ||
the telephone, and no product is shipped to the consumer, the | ||
transaction occurs in this State if the billing address for the | ||
consumer's credit card is in this State. | ||
(b-5) The prepaid wireless 9-1-1 surcharge imposed under | ||
subsection (a-5) of this Section shall be collected by the |
seller from the consumer with respect to each retail | ||
transaction occurring in the municipality imposing the | ||
surcharge. The amount of the prepaid wireless 9-1-1 surcharge | ||
shall be separately stated on an invoice, receipt, or other | ||
similar document that is provided to the consumer by the seller | ||
or shall be otherwise disclosed to the consumer. If the seller | ||
does not separately state the surcharge as a distinct item to | ||
the consumer as provided in this Section, then the seller shall | ||
maintain books and records as required by this Act which | ||
clearly identify the amount of the 9-1-1 surcharge for retail | ||
transactions. | ||
For purposes of this subsection (b-5), a retail transaction | ||
occurs in the municipality if (i) the retail transaction is | ||
made in person by a consumer at the seller's business location | ||
and the business is located within the municipality; (ii) the | ||
seller is a provider and sells prepaid wireless | ||
telecommunications service to a consumer located in the | ||
municipality; (iii) the retail transaction is treated as | ||
occurring in the municipality for purposes of the Retailers' | ||
Occupation Tax Act; or (iv) a seller that is included within | ||
the definition of a "retailer maintaining a place of business | ||
in this State" under Section 2 of the Use Tax Act makes a sale | ||
of prepaid wireless telecommunications service to a consumer | ||
located in the municipality. In the case of a retail | ||
transaction which does not occur in person at a seller's | ||
business location, if a consumer uses a credit card to purchase |
prepaid wireless telecommunications service on-line or over | ||
the telephone, and no product is shipped to the consumer, the | ||
transaction occurs in the municipality if the billing address | ||
for the consumer's credit card is in the municipality. | ||
(c) The prepaid wireless 9-1-1 surcharge is imposed on the | ||
consumer and not on any provider. The seller shall be liable to | ||
remit all prepaid wireless 9-1-1 surcharges that the seller | ||
collects from consumers as provided in Section 20, including | ||
all such surcharges that the seller is deemed to collect where | ||
the amount of the surcharge has not been separately stated on | ||
an invoice, receipt, or other similar document provided to the | ||
consumer by the seller.
The surcharge collected or deemed | ||
collected by a seller shall constitute a debt owed by the | ||
seller to this State, and any such surcharge actually collected | ||
shall be held in trust for the benefit of the Department. | ||
For purposes of this subsection (c), the surcharge shall | ||
not be imposed or collected from entities that have an active | ||
tax exemption identification number issued by the Department | ||
under Section 1g of the Retailers' Occupation Tax Act. | ||
(d) The amount of the prepaid wireless 9-1-1 surcharge that | ||
is collected by a seller from a consumer, if such amount is | ||
separately stated on an invoice, receipt, or other similar | ||
document provided to the consumer by the seller, shall not be | ||
included in the base for measuring any tax, fee, surcharge, or | ||
other charge that is imposed by this State, any political | ||
subdivision of this State, or any intergovernmental agency.
|
(e) (Blank).
| ||
(e-5) Any changes in the rate of the surcharge imposed by a | ||
municipality under the authority granted in subsection (a-5) of | ||
this Section shall be effective on the first day of the first | ||
calendar month to occur at least 60 days after the enactment of | ||
the change. The Department shall provide not less than 30 days' | ||
notice of the increase or reduction in the rate of such | ||
surcharge on the Department's website. | ||
(f) When prepaid wireless telecommunications service is | ||
sold with one or more other products or services for a single, | ||
non-itemized price, then the percentage specified in | ||
subsection (a) or (a-5) of this Section 15 shall be applied to | ||
the entire non-itemized price unless the seller elects to apply | ||
the percentage to (i) the dollar amount of the prepaid wireless | ||
telecommunications service if that dollar amount is disclosed | ||
to the consumer or (ii) the portion of the price that is | ||
attributable to the prepaid wireless telecommunications | ||
service if the retailer can identify that portion by reasonable | ||
and verifiable standards from its books and records that are | ||
kept in the regular course of business for other purposes, | ||
including, but not limited to, books and records that are kept | ||
for non-tax purposes. However, if a minimal amount of prepaid | ||
wireless telecommunications service is sold with a prepaid | ||
wireless device for a single, non-itemized price, then the | ||
seller may elect not to apply the percentage specified in | ||
subsection (a) or (a-5) of this Section 15 to such transaction. |
For purposes of this subsection, an amount of service | ||
denominated as 10 minutes or less or $5 or less is considered | ||
minimal.
| ||
(g) The prepaid wireless 9-1-1 surcharge imposed under | ||
subsections (a) and (a-5) of this Section is not imposed on the | ||
provider or the consumer for wireless Lifeline service where | ||
the consumer does not pay the provider for the service. Where | ||
the consumer purchases from the provider optional minutes, | ||
texts, or other services in addition to the federally funded | ||
Lifeline benefit, a consumer must pay the prepaid wireless | ||
9-1-1 surcharge, and it must be collected by the seller | ||
according to subsection (b-5). | ||
(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.) | ||
Section 25. The Public Utilities Act is amended by | ||
reenacting Articles XIII and XXI, by changing Sections 13-102, | ||
13-103, 13-230, 13-301.1, 13-406, 13-703, 13-1200, 21-401, and | ||
21-1601, and by adding Sections 13-406.1, 13-904, and 21-1503 | ||
as follows:
| ||
(220 ILCS 5/Art. XIII heading) | ||
ARTICLE XIII. TELECOMMUNICATIONS
| ||
(220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)
| ||
Sec. 13-100.
This Article shall be known and may be cited | ||
as the
Universal Telephone Service Protection Law of 1985.
|
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
| ||
Sec. 13-101. Application of Act to telecommunications | ||
rates and
services. The Sections of this Act pertaining to
| ||
public utilities, public utility rates and services, and the | ||
regulation
thereof, are fully and equally applicable to | ||
noncompetitive
telecommunications rates and services, and the | ||
regulation thereof, except to the extent modified or | ||
supplemented by the
specific provisions of this Article or
| ||
where the context clearly renders such provisions | ||
inapplicable. Articles I through IV, Sections 5-101, 5-106, | ||
5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501, | ||
8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510,
9-221, 9-222,
| ||
9-222.1,
9-222.2, 9-241, 9-250, and 9-252.1, and Article X of | ||
this Act
are fully and equally applicable to the noncompetitive | ||
and competitive services of an Electing Provider and to
| ||
competitive telecommunications rates and services, and the | ||
regulation
thereof except that Section 5-109 shall apply to the | ||
services of an Electing Provider and to competitive | ||
telecommunications rates and services only to the extent that | ||
the Commission requires annual reports authorized by Section | ||
5-109, provided the telecommunications provider may use | ||
generally accepted accounting practices or accounting systems | ||
it uses for financial reporting purposes in the annual report, | ||
and except that Sections 8-505 and 9-250 shall not apply to |
competitive retail telecommunications services and Sections | ||
8-501 and 9-241 shall not apply to competitive services; in | ||
addition, as to competitive telecommunications rates and
| ||
services, and the regulation thereof, and with the exception of | ||
competitive retail telecommunications service rates and | ||
services, all rules and regulations
made by a | ||
telecommunications carrier affecting or pertaining to its
| ||
charges or service shall be just and reasonable.
As of the | ||
effective date of this amendatory Act of the 92nd General
| ||
Assembly,
Sections 4-202, 4-203,
and
5-202 of this Act shall | ||
cease to apply to telecommunications rates and
services.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
| ||
Sec. 13-102. Findings. With respect to telecommunications | ||
services, as
herein defined, the General Assembly finds that:
| ||
(a) universally available and widely affordable | ||
telecommunications
services are essential to the health, | ||
welfare and prosperity of all Illinois
citizens;
| ||
(b) federal regulatory and judicial rulings in the 1980s | ||
caused a
restructuring of the telecommunications industry and | ||
opened some
aspects of the industry to competitive entry, | ||
thereby necessitating
revision of State telecommunications | ||
regulatory policies and practices;
| ||
(c) revisions in telecommunications regulatory policies | ||
and practices in
Illinois beginning in the mid-1980s brought |
the benefits of competition to
consumers in many | ||
telecommunications markets, but not in local exchange
| ||
telecommunications service markets;
| ||
(d) the federal Telecommunications Act of 1996 established | ||
the goal of
opening all telecommunications service markets to | ||
competition and
accords to the states the responsibility to | ||
establish and enforce
policies necessary to attain that goal;
| ||
(e) it is in the immediate interest of the People of the | ||
State of Illinois
for the State to exercise its rights within | ||
the new framework of federal
telecommunications policy to | ||
ensure that the economic benefits of competition
in all | ||
telecommunications service markets are realized as
effectively | ||
as possible;
| ||
(f) the competitive offering of all telecommunications | ||
services
will increase innovation and efficiency in the | ||
provision of
telecommunications services and may lead to | ||
reduced prices for consumers,
increased investment in | ||
communications infrastructure, the creation of new
jobs, and | ||
the attraction of new businesses to Illinois; and
| ||
(g) protection of the public interest requires changes in | ||
the regulation of
telecommunications carriers and services to | ||
ensure, to the maximum feasible
extent, the reasonable and | ||
timely development of effective competition in all
| ||
telecommunications service markets ; .
| ||
(h) Illinois residents rely on today's modern wired and | ||
wireless Internet Protocol (IP) networks and services to |
improve their lives by connecting them to school and college | ||
degrees, work and job opportunities, family and friends, | ||
information, and entertainment, as well as emergency | ||
responders and public safety officials; Illinois businesses | ||
rely on these modern IP networks and services to compete in a | ||
global marketplace by expanding their customer base, managing | ||
inventory and operations more efficiently, and offering | ||
customers specialized and personalized products and services; | ||
without question, Illinois residents and our State's economy | ||
rely profoundly on the modern wired and wireless IP networks | ||
and services in our State; | ||
(i) the transition from 20th century traditional circuit | ||
switched and other legacy telephone services to modern 21st | ||
century next generation Internet Protocol (IP) services is | ||
taking place at an extraordinary pace as Illinois consumers are | ||
upgrading to home communications service using IP technology, | ||
including high speed Internet, Voice over Internet Protocol, | ||
and wireless service; | ||
(j) this rapid transition to IP-based communications has | ||
dramatically transformed the way people communicate and has | ||
provided significant benefits to consumers in the form of | ||
innovative functionalities resulting from the seamless | ||
convergence of voice, video, and text, benefits realized by the | ||
General Assembly when it chose to transition its own | ||
telecommunications system to an all IP communications network | ||
in 2016; |
(k) the benefits of the transition to IP-based networks and | ||
services were also recognized by the General Assembly in 2015 | ||
through the enactment of legislation requiring that every 9-1-1 | ||
emergency system in Illinois provide Next Generation 9-1-1 | ||
service by July 1, 2020, and requiring that the Next Generation | ||
9-1-1 network must be an IP-based platform; and | ||
(l) completing the transition to all IP-based networks and | ||
technologies is in the public interest because it will promote | ||
continued innovation, consumer benefits, increased | ||
efficiencies, and increased investment in IP-based networks | ||
and services. | ||
(Source: P.A. 90-185, eff. 7-23-97 .)
| ||
(220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
| ||
Sec. 13-103. Policy. Consistent with its findings, the | ||
General Assembly
declares that it is the policy of the State of | ||
Illinois that:
| ||
(a) telecommunications services should be
available to all | ||
Illinois
citizens at just, reasonable, and affordable rates and | ||
that such services
should be provided as widely and | ||
economically as possible in sufficient
variety, quality, | ||
quantity and reliability to satisfy the public interest;
| ||
(b) consistent with the protection of consumers of
| ||
telecommunications services and the furtherance of other | ||
public interest
goals, competition in all telecommunications | ||
service markets should be
pursued as a
substitute for |
regulation in determining the variety, quality and price
of | ||
telecommunications services and that the economic burdens of | ||
regulation
should be reduced to the extent possible consistent | ||
with the furtherance of
market competition and protection of | ||
the
public interest;
| ||
(c) all necessary and appropriate modifications to State | ||
regulation of
telecommunications carriers and services should | ||
be implemented without
unnecessary disruption to the | ||
telecommunications
infrastructure
system or to consumers of
| ||
telecommunications services and that it is necessary and | ||
appropriate to
establish rules to encourage and ensure orderly
| ||
transitions in the development of markets for all
| ||
telecommunications services;
| ||
(d) the consumers of telecommunications services and | ||
facilities provided
by persons or companies subject to | ||
regulation pursuant to this Act and Article
should be required | ||
to pay only reasonable and non-discriminatory rates or
charges | ||
and that in no case should rates or charges for non-competitive
| ||
telecommunications services include any portion of the cost of | ||
providing
competitive telecommunications services, as defined | ||
in Section 13-209, or
the cost of any nonregulated activities;
| ||
(e) the regulatory policies and procedures provided in this | ||
Article are
established in recognition of the changing nature | ||
of the telecommunications
industry and therefore should be | ||
subject to systematic legislative review to
ensure that the | ||
public benefits intended to result from such policies and
|
procedures are fully realized; and
| ||
(f) development of and prudent investment in advanced
| ||
telecommunications services and networks that foster economic | ||
development
of the State
should be encouraged through the | ||
implementation and enforcement of policies
that promote | ||
effective and sustained competition in all
telecommunications | ||
service markets ; and .
| ||
(g) completion of the transition to modern IP-based | ||
networks should be encouraged through relief from the outdated | ||
regulations that require continued investment in legacy | ||
circuit switched networks from which Illinois consumers have | ||
largely transitioned, while at the same time ensuring that | ||
consumers have access to available alternative services that | ||
provide quality voice service and access to emergency | ||
communications. | ||
(Source: P.A. 90-185, eff. 7-23-97 .)
| ||
(220 ILCS 5/13-201) (from Ch. 111 2/3, par. 13-201)
| ||
Sec. 13-201.
Unless otherwise specified, the terms set | ||
forth in
the following Sections preceding Section 13-301 of | ||
this Article are
used in this Act and Article as herein | ||
defined.
| ||
(Source: P.A. 85-1405 .)
| ||
(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
| ||
Sec. 13-202.
"Telecommunications carrier" means and |
includes every
corporation, company, association, joint stock | ||
company or association,
firm, partnership or individual, their | ||
lessees, trustees or receivers
appointed by any court | ||
whatsoever that owns, controls, operates or manages,
within | ||
this State, directly or indirectly, for public use, any plant,
| ||
equipment or property used or to be used for or in connection | ||
with, or owns
or controls any franchise, license, permit or | ||
right to engage in the
provision of, telecommunications | ||
services between points within the State
which are specified by | ||
the user. "Telecommunications carrier" includes an Electing | ||
Provider, as defined in Section 13-506.2. Telecommunications | ||
carrier does not
include, however:
| ||
(a) telecommunications carriers that are owned and | ||
operated by any
political subdivision, public or private | ||
institution of higher education or
municipal corporation of | ||
this State, for their own use, or
telecommunications carriers | ||
that are owned by such political subdivision,
public or private | ||
institution of higher education, or municipal corporation
and | ||
operated by any of its lessees or operating agents, for their | ||
own use;
| ||
(b) telecommunications carriers which are purely mutual | ||
concerns, having
no rates or charges for services, but paying | ||
the operating expenses by
assessment upon the members of such a | ||
company and no other person but does
include telephone or | ||
telecommunications cooperatives as defined in
Section 13-212;
| ||
(c) a company or person which provides telecommunications |
services solely to
itself and its affiliates or members or | ||
between points in the same building,
or between closely located | ||
buildings, affiliated through substantial
common ownership, | ||
control or development; or
| ||
(d) a company or person engaged in the delivery of | ||
community antenna
television services as described in | ||
subdivision (c) of Section 13-203,
except with respect to the | ||
provision of telecommunications services by that
company or | ||
person.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .)
| ||
(220 ILCS 5/13-202.5)
| ||
Sec. 13-202.5. Incumbent local exchange carrier. | ||
"Incumbent local
exchange carrier" means, with respect to an | ||
area, the telecommunications
carrier that
provided | ||
noncompetitive local exchange telecommunications service in | ||
that
area on
February 8, 1996, and on that date was deemed a | ||
member of the exchange
carrier
association pursuant to 47 | ||
C.F.R. 69.601(b), and includes its successors,
assigns, and
| ||
affiliates.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
| ||
Sec. 13-203. Telecommunications service.
| ||
"Telecommunications service"
means the provision or | ||
offering for rent, sale or lease, or in exchange for
other |
value received, of the transmittal of information, by means of
| ||
electromagnetic, including light, transmission with or without | ||
benefit of
any closed transmission medium, including all | ||
instrumentalities,
facilities, apparatus, and services | ||
(including the collection, storage,
forwarding, switching, and | ||
delivery of such information) used to provide
such transmission | ||
and also includes access and interconnection arrangements
and | ||
services.
| ||
"Telecommunications service" does not include, however:
| ||
(a) the rent, sale, or lease, or exchange for other | ||
value received, of
customer premises equipment except for | ||
customer premises equipment owned or
provided by a | ||
telecommunications carrier and used for answering 911 | ||
calls,
and except for customer premises equipment provided | ||
under Section 13-703;
| ||
(b) telephone or telecommunications answering | ||
services, paging services,
and physical pickup and | ||
delivery incidental to the provision of information
| ||
transmitted through electromagnetic, including light, | ||
transmission;
| ||
(c) community antenna television service which is | ||
operated to perform
for hire the service of receiving and | ||
distributing video and audio program
signals by wire, cable | ||
or other means to members of the public who
subscribe to | ||
such service, to the extent that such service is utilized
| ||
solely for the one-way distribution of such entertainment |
services with no
more than incidental subscriber | ||
interaction required for the selection of
such | ||
entertainment service.
| ||
The Commission may, by rulemaking, exclude (1) private line | ||
service which
is not directly or indirectly used for the | ||
origination or termination of
switched telecommunications | ||
service, (2) cellular radio service, (3)
high-speed | ||
point-to-point data transmission at or above 9.6 kilobits, or
| ||
(4) the provision of telecommunications service by a company or | ||
person
otherwise subject to Section 13-202 (c) to a | ||
telecommunications carrier,
which is incidental to the | ||
provision of service subject to Section 13-202 (c),
from active | ||
regulatory oversight to the extent it finds, after notice, | ||
hearing
and comment that such exclusion is consistent with the | ||
public interest and
the purposes and policies of this Article. | ||
To the extent that the
Commission has excluded cellular radio | ||
service from active regulatory
oversight for any provider of | ||
cellular radio service in this State pursuant
to this Section, | ||
the Commission shall exclude all other providers of
cellular | ||
radio service in the State from active regulatory oversight
| ||
without an additional rulemaking proceeding where there are 2 | ||
or more
certified providers of cellular radio service in a | ||
geographic area.
| ||
(Source: P.A. 90-185, eff. 7-23-97 .)
| ||
(220 ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204)
|
Sec. 13-204.
"Local Exchange Telecommunications Service" | ||
means
telecommunications service between points within an | ||
exchange, as defined in
Section 13-206, or the provision of | ||
telecommunications service for the
origination or termination | ||
of switched telecommunications services.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-205) (from Ch. 111 2/3, par. 13-205)
| ||
Sec. 13-205.
"Interexchange Telecommunications Service" | ||
means
telecommunications service between points in two or more | ||
exchanges.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-206) (from Ch. 111 2/3, par. 13-206)
| ||
Sec. 13-206. Exchange. "Exchange" means a geographical | ||
area for the
administration of telecommunications services, | ||
established and described by
the tariff of a telecommunications | ||
carrier providing local exchange
telecommunications service, | ||
and consisting of one or more contiguous
central offices, | ||
together with associated facilities used in providing such
| ||
local exchange telecommunications service. To the extent | ||
practicable, a
municipality, city, or village shall not be | ||
located in more than one
exchange unless the municipality, | ||
city, or village is located in more than
one exchange through | ||
annexation that occurs after the establishment of the
exchange | ||
boundary.
|
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-207) (from Ch. 111 2/3, par. 13-207)
| ||
Sec. 13-207.
"Local Access and Transport Area (LATA)" means | ||
a
geographical area designated by the Modification of Final | ||
Judgment in U.S.
v. Western Electric Co., Inc., 552 F. Supp. | ||
131 (D.D.C. 1982), as modified
from time to time.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-208) (from Ch. 111 2/3, par. 13-208)
| ||
Sec. 13-208.
"Market Service Area (MSA)" means a | ||
geographical area
consisting of one or more exchanges, defined | ||
by the Commission for the
administration of tariffs, services | ||
and other regulatory obligations. The
term Market Service Area | ||
includes those areas previously designated by
the Commission.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209)
| ||
Sec. 13-209.
"Competitive Telecommunications Service" | ||
means a
telecommunications service, its functional equivalent | ||
or a substitute
service, which, for some identifiable class or | ||
group of customers in an
exchange, group of exchanges, or some | ||
other clearly defined geographical
area, is reasonably | ||
available from more than one provider, whether or not
such | ||
provider is a telecommunications carrier subject to regulation | ||
under
this Act. A telecommunications service may be competitive |
for the entire
state, some geographical area therein, including | ||
an exchange or set of
exchanges, or for a specific customer or | ||
class or group of customers, but
only to the extent consistent | ||
with this definition.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-210) (from Ch. 111 2/3, par. 13-210)
| ||
Sec. 13-210.
"Noncompetitive Telecommunications Service" | ||
means a
telecommunications service other than a competitive | ||
service as defined in
Section 13-209.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-211) (from Ch. 111 2/3, par. 13-211)
| ||
Sec. 13-211.
"Resale of Telecommunications Service" means | ||
the offering
or provision of telecommunications service | ||
primarily through the use of
services or facilities owned or | ||
provided by a separate telecommunications
carrier.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-212) (from Ch. 111 2/3, par. 13-212)
| ||
Sec. 13-212.
"Telephone or Telecommunications Cooperative" | ||
means any
Illinois corporation organized on a cooperative basis | ||
for the furnishing of
telephone or telecommunications service.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213)
|
Sec. 13-213.
"Hearing-aid compatible telephone" means a | ||
telephone so
equipped that it can activate an inductive | ||
coupling hearing-aid or which
will provide an alternative | ||
technology that provides equally effective
telephone service | ||
and which will provide equipment necessary for the
hearing | ||
impaired to use generally available telecommunications | ||
services
effectively or without assistance.
| ||
(Source: P.A. 85-1405 .)
| ||
(220 ILCS 5/13-214) (from Ch. 111 2/3, par. 13-214)
| ||
Sec. 13-214.
(a) "Public mobile services" means | ||
air-to-ground radio
telephone services, cellular radio | ||
telecommunications services, offshore
radio, rural radio | ||
service, public land mobile telephone service and other
common | ||
carrier radio communications services.
| ||
(b) "Private radio services" means private land mobile | ||
radio services
and other communications services characterized | ||
by the Commission as
private radio services.
| ||
(Source: P.A. 85-1405 .)
| ||
(220 ILCS 5/13-215) (from Ch. 111 2/3, par. 13-215)
| ||
Sec. 13-215.
(a) "Essential telephones" means all coin | ||
operated
telephones in any public or semi-public location, | ||
telephones provided for
emergency use, a reasonable percentage | ||
of telephones in hotels, motels,
hospitals and nursing homes | ||
and a reasonable percentage of credit card
operated telephones |
in any group of such telephones.
| ||
(b) "Emergency use telephones" includes all telephones | ||
intended
primarily to save persons from bodily injury, theft or | ||
life threatening
situations. This definition includes, but is | ||
not limited to telephones in
elevators, on highways and | ||
telephones to alert police, a fire department or
other | ||
emergency service providers.
| ||
(Source: P.A. 85-1405 .)
| ||
(220 ILCS 5/13-216)
| ||
Sec. 13-216. Network element. "Network element" means a
| ||
facility or equipment used in the provision of a | ||
telecommunications service.
The term also includes features, | ||
functions, and capabilities that are provided
by means of the | ||
facility or equipment, including, but not limited to,
| ||
subscriber
numbers, databases, signaling systems, and | ||
information sufficient for billing
and collection or used in | ||
the transmission, routing, or other provision of a
| ||
telecommunications service.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-217)
| ||
Sec. 13-217. End user. "End user" means any person, | ||
corporation,
partnership,
firm, municipality, cooperative, | ||
organization, governmental agency, building
owner, or
other | ||
entity provided with a telecommunications service for its own |
consumption
and not
for resale.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-218)
| ||
Sec. 13-218. Business end user. "Business end user" means | ||
(1) an end user
engaged
primarily or substantially in a paid | ||
commercial, professional, or institutional
activity; (2)
an | ||
end user provided telecommunications service in a commercial, | ||
professional,
or
institutional location, or other location | ||
serving primarily or substantially as
a site of an
activity for | ||
pay; (3) an end user whose telecommunications service is listed | ||
as
the
principal or only number for a business in any yellow | ||
pages directory; (4) an
end user
whose telecommunications | ||
service is used to conduct promotions, solicitations,
or market
| ||
research for which compensation or reimbursement is paid or | ||
provided; provided,
however, that the use of | ||
telecommunications service, without compensation or
| ||
reimbursement, for a charitable or civic purpose shall not | ||
constitute business
use of a
telecommunications service.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-219)
| ||
Sec. 13-219. Residential end user. "Residential end user" | ||
means an end
user other
than a business end user.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
|
(220 ILCS 5/13-220)
| ||
Sec. 13-220. Retail telecommunications service. "Retail | ||
telecommunications
service"
means a telecommunications service | ||
sold to an end user. "Retail
telecommunications
service" does | ||
not include a telecommunications service provided by a
| ||
telecommunications
carrier to a telecommunications carrier, | ||
including to itself, as a component
of, or for the
provision | ||
of, telecommunications service. A business retail | ||
telecommunications
service is
a retail telecommunications | ||
service provided to a business end user. A
residential retail
| ||
telecommunications service is a retail telecommunications | ||
service provided to a
residential end user.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-230) | ||
Sec. 13-230. Prepaid calling service. "Prepaid calling | ||
service" means telecommunications service that must be paid for | ||
in advance by an end user, enables the end user to originate | ||
calls using an access number or authorization code, whether | ||
manually or electronically dialed, and is sold in predetermined | ||
units or dollars of which the number declines with use in a | ||
known amount. A prepaid calling service call is a call made by | ||
an end user using prepaid calling service. "Prepaid calling | ||
service" does not include a wireless telecommunications | ||
service that allows a caller to dial 9-1-1 to access the 9-1-1 | ||
system, which service must be paid for in advance, and is sold |
in predetermined units or dollars and the amount declines with | ||
use in a known amount prepaid wireless telecommunications | ||
service as defined in Section 10 of the Wireless Emergency | ||
Telephone Safety Act .
| ||
(Source: P.A. 97-463, eff. 1-1-12 .) | ||
(220 ILCS 5/13-231) | ||
Sec. 13-231. Prepaid calling service provider. "Prepaid | ||
calling service provider" means and includes every | ||
corporation, company, association, joint stock company or | ||
association, firm, partnership, or individual and their | ||
lessees, trustees, or receivers appointed by any court | ||
whatsoever that contracts directly with a telecommunications | ||
carrier to resell or offers to resell telecommunications | ||
service as prepaid calling service to one or more distributors, | ||
prepaid calling resellers, prepaid calling service retailers, | ||
or end users.
| ||
(Source: P.A. 93-1002, eff. 1-1-05 .) | ||
(220 ILCS 5/13-232) | ||
Sec. 13-232. Prepaid calling service retailer. "Prepaid | ||
calling service retailer" means and includes every | ||
corporation, company, association, joint stock company or | ||
association, firm, partnership, or individual and their | ||
lessees, trustees, or receivers appointed by any court | ||
whatsoever that sells or offers to sell prepaid calling service |
directly to one or more end users.
| ||
(Source: P.A. 93-1002, eff. 1-1-05 .) | ||
(220 ILCS 5/13-233) | ||
Sec. 13-233. Prepaid calling service reseller. "Prepaid | ||
calling service reseller" means and includes every | ||
corporation, company, association, joint stock company or | ||
association, firm, partnership, or individual and their | ||
lessees, trustees, or receivers appointed by any court | ||
whatsoever that purchases prepaid calling services from a | ||
prepaid calling service provider or distributor and sells those | ||
services to one or more distributors of prepaid calling | ||
services or to one or more prepaid calling service retailers.
| ||
(Source: P.A. 93-1002, eff. 1-1-05 .) | ||
(220 ILCS 5/13-234) | ||
Sec. 13-234. Interconnected voice over Internet protocol | ||
service. "Interconnected voice over Internet protocol service" | ||
or "Interconnected VoIP service" has the meaning prescribed in | ||
47 CFR 9.3 as defined on the effective date of this amendatory | ||
Act of the 96th General Assembly or as amended thereafter.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .) | ||
(220 ILCS 5/13-235) | ||
Sec. 13-235. Interconnected voice over Internet protocol | ||
provider. "Interconnected voice over Internet protocol |
provider" or "Interconnected VoIP provider" means and includes | ||
every corporation, company, association, joint stock company | ||
or association, firm, partnership, or individual, their | ||
lessees, trustees, or receivers appointed by any court | ||
whatsoever that owns, controls, operates, manages, or provides | ||
within this State, directly or indirectly, Interconnected | ||
voice over Internet protocol service.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .)
| ||
(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
| ||
Sec. 13-301. Duties of the Commission. | ||
(1) Consistent with the findings and policy established in
| ||
paragraph (a) of Section 13-102 and paragraph (a) of Section | ||
13-103, and
in order to ensure the attainment of such policies, | ||
the Commission shall:
| ||
(a) participate in all federal programs intended to | ||
preserve or extend
universal telecommunications service, | ||
unless such programs would place cost
burdens on Illinois | ||
customers of telecommunications services in excess of
the | ||
benefits they would receive through participation, | ||
provided, however,
the Commission shall not approve or | ||
permit the imposition of any surcharge
or other fee | ||
designed to subsidize or provide a waiver for subscriber | ||
line
charges; and shall report on such programs together | ||
with an assessment of
their adequacy and the advisability | ||
of participating therein in its annual
report to the |
General Assembly, or more often as necessary;
| ||
(b) (blank);
| ||
(c) order all telecommunications carriers offering or | ||
providing local
exchange telecommunications service to | ||
propose low-cost or budget service
tariffs and any other | ||
rate design or pricing mechanisms designed to
facilitate | ||
customer access to such telecommunications service, | ||
provided that services offered by any telecommunications | ||
carrier at the rates, terms, and conditions specified in | ||
Section 13-506.2 or Section 13-518 of this Article shall | ||
constitute compliance with this Section. A | ||
telecommunications carrier may seek Commission approval of | ||
other low-cost or budget service tariffs or rate design or | ||
pricing mechanisms to comply with this Section;
| ||
(d) investigate the necessity of and, if appropriate, | ||
establish a universal service support fund
from which local | ||
exchange telecommunications
carriers
who pursuant to the | ||
Twenty-Seventh Interim Order of the Commission in Docket
| ||
No. 83-0142 or the orders of the Commission in Docket No. | ||
97-0621 and Docket
No.
98-0679
received funding and whose | ||
economic costs of providing
services for which universal | ||
service support may be made available exceed
the
affordable | ||
rate established by the Commission for such services may be
| ||
eligible to receive
support, less any federal universal | ||
service support received for the same or
similar costs
of | ||
providing the supported services; provided, however, that |
if a universal
service support
fund is established, the | ||
Commission shall require that all costs of the fund be
| ||
recovered
from all local exchange and interexchange | ||
telecommunications carriers
certificated in
Illinois on a | ||
competitively neutral and nondiscriminatory basis. In
| ||
establishing any such
universal service support fund, the | ||
Commission shall, in addition to the
determination of
costs | ||
for supported services, consider and make findings | ||
pursuant to subsection (2) of this Section. Proxy cost, as | ||
determined by the
Commission, may be
used for this purpose. | ||
In determining cost recovery for any universal service
| ||
support fund, the Commission shall not permit recovery of | ||
such costs from
another certificated carrier for any | ||
service purchased and used solely as an
input to a service | ||
provided to such certificated carrier's retail customers.
| ||
(2) In
any order creating a fund pursuant to paragraph (d) | ||
of subsection (1), the Commission, after
notice and
hearing, | ||
shall:
| ||
(a) Define the group of services to be declared | ||
"supported
telecommunications
services" that constitute | ||
"universal service". This group of services shall,
at a
| ||
minimum, include those services as defined by the Federal | ||
Communications
Commission and as from time to time amended. | ||
In addition, the Commission
shall consider the range of | ||
services currently offered by telecommunications
carriers | ||
offering local exchange telecommunications service, the |
existing rate
structures for the supported | ||
telecommunications services, and the
telecommunications | ||
needs of Illinois consumers in determining the supported
| ||
telecommunications services.
The Commission shall, from | ||
time to time or upon request, review and, if
appropriate, | ||
revise the group of Illinois supported telecommunications | ||
services
and the terms of the fund to reflect changes or | ||
enhancements in
telecommunications needs, technologies, | ||
and available services.
| ||
(b) Identify all implicit subsidies contained in rates | ||
or charges of
incumbent local exchange
carriers, including | ||
all subsidies in interexchange access charges, and
| ||
determine how
such subsidies can be made explicit by
the | ||
creation of the fund.
| ||
(c) Establish an affordable price for the supported | ||
telecommunications
services for
the respective incumbent | ||
local exchange carrier. The affordable price shall
be no | ||
less than
the rates in effect at the time the Commission | ||
creates a fund
pursuant to this item. The Commission may | ||
establish and utilize indices
or
models for updating the | ||
affordable price for supported telecommunications
| ||
services.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .)
| ||
(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
| ||
Sec. 13-301.1. Universal Telephone Service Assistance |
Program.
| ||
(a) The Commission shall by rule or regulation establish a | ||
Universal
Telephone Service Assistance Program for low income | ||
residential customers.
The program shall provide for a | ||
reduction of access line charges, a
reduction of connection | ||
charges, or any other alternative assistance or program to | ||
increase
accessibility to telephone service and broadband | ||
Internet access service that the Commission deems advisable
| ||
subject to the availability of funds for the program as | ||
provided in subsections
subsection (d) and (e) . The Commission | ||
shall establish eligibility
requirements
for benefits under | ||
the program.
| ||
(b) The Commission shall adopt rules providing for enhanced | ||
enrollment for
eligible consumers to receive lifeline service. | ||
Enhanced enrollment may
include, but is not limited to, joint | ||
marketing, joint application, or joint
processing with the | ||
Low-Income Home Energy Assistance Program, the Medicaid
| ||
Program, and the Food Stamp Program. The Department of Human | ||
Services, the
Department of Healthcare and Family Services, and | ||
the Department of Commerce and Economic Opportunity,
upon | ||
request of the Commission, shall assist in the adoption and | ||
implementation
of those rules. The Commission and the | ||
Department of Human Services, the
Department of Healthcare and | ||
Family Services, and the Department of Commerce and Economic | ||
Opportunity
may enter into memoranda of understanding | ||
establishing the respective duties of
the Commission and the |
Departments in relation to enhanced enrollment.
| ||
(c) In this Section : , | ||
"Lifeline "lifeline service" means a retail local | ||
service
offering described by 47 CFR C.F.R. Section | ||
54.401(a), as amended.
| ||
(d) The Commission shall require by rule or regulation that | ||
each
telecommunications carrier providing local exchange | ||
telecommunications
services notify its customers that if the | ||
customer wishes to participate in
the funding of the Universal | ||
Telephone Service Assistance Program he may do
so by electing | ||
to contribute, on a monthly basis, a fixed amount that will
be | ||
included in the customer's monthly bill. The customer may cease
| ||
contributing at any time upon providing notice to the | ||
telecommunications
carrier providing local exchange | ||
telecommunications services. The notice
shall state that any | ||
contribution made will not reduce the customer's bill
for | ||
telecommunications services. Failure to remit the amount of | ||
increased
payment will reduce the contribution accordingly. | ||
The Commission shall
specify the monthly fixed amount or | ||
amounts that customers wishing to
contribute to the funding of | ||
the Universal Telephone Service Assistance
Program may choose | ||
from in making their contributions. Every
telecommunications | ||
carrier providing local exchange telecommunications
services | ||
shall remit the amounts contributed in accordance with the | ||
terms
of the Universal Telephone Service Assistance Program.
| ||
(e) Amounts collected and remitted under subsection (d) |
may, to the extent the Commission deems advisable, be used for | ||
funding a program to be administered by the entity designated | ||
by the Commission as administrator of the Universal Telephone | ||
Service Assistance Program for educating and assisting | ||
low-income residential customers with a transition to Internet | ||
protocol-based networks and services. This program may | ||
include, but need not be limited to, measures designed to | ||
notify and educate residential customers regarding the | ||
availability of alternative voice services with access to | ||
9-1-1, access to and use of broadband Internet access service, | ||
and pricing options. | ||
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07 .)"; | ||
and
| ||
(220 ILCS 5/13-301.2)
| ||
Sec. 13-301.2. Program to Foster Elimination of the Digital | ||
Divide. The Commission shall require by rule that each
| ||
telecommunications carrier providing local exchange | ||
telecommunications
service notify its end-user customers that | ||
if the customer wishes to
participate in the funding of the | ||
Program to Foster Elimination of the Digital
Divide he or she | ||
may do so by electing to contribute, on a monthly basis, a
| ||
fixed
amount that will be included in the customer's monthly | ||
bill. The obligations
imposed in this Section shall not be | ||
imposed upon a telecommunications carrier
for any of its | ||
end-users subscribing to the services listed below: (1) private
|
line service which is not directly or indirectly used for the | ||
origination or
termination of switched telecommunications | ||
service, (2) cellular radio service,
(3) high-speed | ||
point-to-point data transmission at or above 9.6 kilobits, (4)
| ||
the provision of telecommunications service by a company or | ||
person otherwise
subject to subsection (c) of Section 13-202 to | ||
a telecommunications carrier,
which is
incidental to the | ||
provision of service subject to subsection (c) of Section
| ||
13-202; (5) pay
telephone service; or (6) interexchange | ||
telecommunications service.
The customer
may
cease | ||
contributing at any time upon providing notice to the | ||
telecommunications
carrier. The notice shall state that any | ||
contribution made will not reduce the
customer's bill for | ||
telecommunications services. Failure to remit the amount
of | ||
increased payment will reduce the contribution accordingly. | ||
The Commission
shall specify the monthly fixed amount or | ||
amounts that customers wishing to
contribute to the funding of | ||
the Program to Foster Elimination of the Digital
Divide may | ||
choose from in making their contributions. A | ||
telecommunications
carrier subject to this obligation shall | ||
remit the amounts contributed by
its customers to the | ||
Department
of Commerce and Economic Opportunity for deposit in | ||
the Digital Divide Elimination
Fund at the intervals specified | ||
in the Commission rules.
| ||
(Source: P.A. 93-358, eff. 1-1-04; 94-793, eff. 5-19-06 .)
|
(220 ILCS 5/13-301.3)
| ||
Sec. 13-301.3. Digital Divide Elimination Infrastructure | ||
Program.
| ||
(a) The Digital Divide Elimination Infrastructure Fund is | ||
created as a
special
fund in the State treasury. All moneys in | ||
the Fund shall be used, subject to
appropriation, by the | ||
Commission to fund (i) the construction of facilities
specified | ||
in
Commission rules adopted under this Section and (ii) the | ||
accessible electronic information program, as provided in | ||
Section 20 of the Accessible Electronic Information Act. The | ||
Commission may accept private
and
public funds, including | ||
federal funds, for deposit into the Fund. Earnings
attributable | ||
to
moneys in the Fund shall be deposited into the Fund.
| ||
(b) The Commission shall adopt rules under which it will | ||
make grants out of
funds appropriated from the Digital Divide | ||
Elimination Infrastructure Fund to
eligible
entities as | ||
specified in the rules for the construction of high-speed data
| ||
transmission
facilities in eligible areas
of the State. For | ||
purposes of determining whether an area is an eligible
area, | ||
the Commission shall consider, among other things, whether (i) | ||
in such
area, advanced telecommunications services, as defined | ||
in subsection (c) of
Section 13-517 of this Act, are | ||
under-provided to residential or small business
end users, | ||
either directly or indirectly through an Internet Service | ||
Provider,
(ii) such area has a low population density, and | ||
(iii) such area has not yet
developed a competitive market for |
advanced services. In addition, if an
entity seeking a grant of | ||
funds from the Digital Divide Elimination
Infrastructure Fund | ||
is an incumbent local exchange carrier having the duty to
serve
| ||
such area, and the obligation to provide advanced services to | ||
such area
pursuant to
Section 13-517 of this Act, the entity | ||
shall demonstrate that it has sought
and obtained an exemption | ||
from such
obligation
pursuant to subsection (b) of Section | ||
13-517. Any entity seeking a grant of
funds from the Digital | ||
Divide Elimination Infrastructure Fund shall demonstrate
to | ||
the Commission that the grant shall be used for the | ||
construction of
high-speed data transmission facilities in an | ||
eligible area and demonstrate
that it satisfies all other | ||
requirements of the Commission's rules. The
Commission shall | ||
determine the information that it deems necessary to award
| ||
grants pursuant to this Section.
| ||
(c) The rules of the Commission shall provide for the | ||
competitive selection
of
recipients of grant funds available | ||
from the Digital Divide Elimination
Infrastructure Fund
| ||
pursuant to the Illinois Procurement Code. Grants shall be | ||
awarded to bidders
chosen
on the basis of the criteria | ||
established in such rules.
| ||
(d) All entities awarded grant moneys under this Section | ||
shall maintain all
records required by Commission rule for the | ||
period of time specified in the
rules. Such
records shall be | ||
subject to audit by the Commission, by any auditor appointed
by | ||
the
State, or by any State officer authorized to conduct |
audits.
| ||
(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03; | ||
93-797, eff. 7-22-04 .)
| ||
(220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302)
| ||
Sec. 13-302.
(a) No telecommunications carrier shall | ||
implement a local
measured service calling plan which does not | ||
include one of the following
elements:
| ||
(1) the residential customer has the option of a flat | ||
rate local calling
service under which local calls are not | ||
charged for frequency or duration; or
| ||
(2) residential calls to points within an untimed | ||
calling zone approved by
the Commission are not charged for | ||
duration; or
| ||
(3) a low income residential Universal Service | ||
Assistance Program, which
meets criteria set forth by the | ||
Commission, is available.
| ||
(b) In formulating the criteria for the low income | ||
residential Universal
Service Assistance Program referred to | ||
in paragraph (3) of subsection (a),
the Commission shall | ||
consider the desirability of various alternatives,
including a | ||
reduction of the access line charge or connection charge for
| ||
eligible customers.
| ||
(c) For local measured service plans implemented prior to | ||
the effective
date of this amendatory Act of 1987 which do not | ||
contain one of the
elements specified in paragraph (1) or (2) |
of subsection (a) of this Section,
the Commission shall order | ||
the telecommunications carrier having such a
plan to include | ||
one of the elements specified in paragraph (1) or (2) of
| ||
subsection (a) of this Section by January 1, 1989.
| ||
(Source: P.A. 85-1286 .)
| ||
(220 ILCS 5/13-303)
| ||
Sec. 13-303. Action to enforce law or orders. Whenever the | ||
Commission
is of the opinion that a telecommunications carrier | ||
is failing or
omitting, or is about to fail or omit, to do | ||
anything required of it by law or
by an order, decision, rule, | ||
regulation, direction, or requirement of the
Commission or is | ||
doing or permitting anything to be done, or is about to do
| ||
anything or is about to permit anything to be done, contrary to | ||
or in violation
of law or an order, decision, rule, regulation, | ||
direction, or requirement of
the Commission, the Commission | ||
shall file an action or proceeding in the
circuit court in and | ||
for the county in which the case or some part thereof
arose or | ||
in which the telecommunications carrier complained of has its
| ||
principal place of business,
in the name of the People of the | ||
State of Illinois for the purpose of
having the violation or | ||
threatened violation stopped and prevented either by
mandamus | ||
or injunction. The Commission may express its opinion in a | ||
resolution
based upon whatever factual information has come to | ||
its attention and may
issue the resolution ex parte and without | ||
holding any administrative hearing
before bringing suit. |
Except in cases involving an imminent threat to the
public | ||
health and safety, no such resolution shall be adopted until 48 | ||
hours
after the telecommunications carrier has been given | ||
notice of (i) the substance
of the alleged violation, including | ||
citation to the law, order, decision, rule,
regulation, or | ||
direction of the Commission alleged to have been violated and
| ||
(ii) the time and the date of the meeting at which such | ||
resolution will first
be before the Commission for | ||
consideration.
| ||
The Commission shall file the action or proceeding by | ||
complaint in the
circuit court alleging the violation or | ||
threatened violation complained of
and praying for appropriate | ||
relief by way of mandamus or injunction. It shall
be the duty | ||
of the court to specify a time, not exceeding 20 days
after the | ||
service of the copy of the complaint, within which the
| ||
telecommunications carrier complained of must answer the | ||
complaint, and in the
meantime the telecommunications carrier | ||
may be restrained. In case of default
in answer or after | ||
answer, the court shall immediately inquire into the facts
and | ||
circumstances of the case. The telecommunications carrier and | ||
persons that
the court may
deem necessary or proper may be | ||
joined as parties. The final judgment in any
action or | ||
proceeding shall either dismiss the action or proceeding or | ||
grant
relief by mandamus or injunction as prayed for in the | ||
complaint, or in such
modified or other form as will afford | ||
appropriate relief in the court's
judgment.
|
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-303.5)
| ||
Sec. 13-303.5. Injunctive relief. If, after a hearing, the | ||
Commission
determines that a telecommunications carrier has | ||
violated this Act or a
Commission order or rule, any | ||
telecommunications carrier adversely affected by
the
violation | ||
may seek injunctive relief in circuit court.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-304)
| ||
Sec. 13-304. Action to recover civil penalties.
| ||
(a) The Commission shall assess and collect all civil | ||
penalties established
under this Act against
| ||
telecommunications carriers, corporations other than | ||
telecommunications
carriers, and persons acting as | ||
telecommunications carriers.
Except for the penalties provided | ||
under
Section 2-202, civil penalties may be assessed only after | ||
notice and
opportunity to be heard. Any such civil penalty may | ||
be compromised by the
Commission. In determining the amount of | ||
the civil penalty to be assessed, or
the amount of the civil | ||
penalty to be compromised, the Commission is authorized
to | ||
consider any matters of record in aggravation or mitigation of | ||
the penalty,
including but not limited to the following:
| ||
(1) the duration and gravity of the violation of the | ||
Act, the rules,
or the order of the Commission;
|
(2) the presence or absence of due diligence on the | ||
part of the violator
in attempting either to comply with | ||
requirements of the Act, the rules,
or the order of the | ||
Commission, or to secure lawful relief from those
| ||
requirements;
| ||
(3) any economic benefits accrued by the violator | ||
because of the delay in
compliance with requirements of the | ||
Act, the rules, or the order of the
Commission; and
| ||
(4) the amount of monetary penalty that will serve to | ||
deter further
violations by the violator and to otherwise | ||
aid in enhancing voluntary
compliance with the Act, the | ||
rules, or the order of the Commission by the
violator and | ||
other persons similarly subject to the Act.
| ||
(b) If timely judicial review of a Commission order that | ||
imposes a civil
penalty is taken by a telecommunications | ||
carrier, a corporation other than a
telecommunications | ||
carrier,
or a person acting as a telecommunications carrier on | ||
whom or on which the
civil penalty has been imposed, the | ||
reviewing court shall enter a judgment on
all amounts upon | ||
affirmance of the Commission order. If timely judicial review
| ||
is not taken and the civil penalty remains unpaid for 60 days | ||
after service of
the order, the Commission in its discretion | ||
may either begin revocation
proceedings or bring suit to | ||
recover the penalties. Unless stayed by a
reviewing court, | ||
interest shall accrue from the 60th day after the date of
| ||
service of the Commission order to the date full payment is |
received by the
Commission.
| ||
(c) Actions to recover delinquent civil penalties under | ||
this Section shall
be brought in the name of the People of the | ||
State of Illinois in the circuit
court in and for the county in | ||
which the cause, or some part thereof, arose, or
in which the | ||
entity complained
of resides. The action shall be commenced and | ||
prosecuted to final judgement by
the Commission. In any such | ||
action, all interest incurred up to the time of
final court | ||
judgment may be recovered in that action. In all such actions, | ||
the
procedure and rules of evidence shall be the same as in | ||
ordinary civil actions,
except as otherwise herein provided. | ||
Any such action may be compromised or
discontinued on | ||
application of the Commission upon such terms as the court
| ||
shall approve and order.
| ||
(d) Civil penalties related to the late filing of reports, | ||
taxes, or other
filings shall be paid into the State treasury | ||
to the credit of the Public
Utility Fund. Except as otherwise | ||
provided in this Act, all other fines and
civil penalties shall | ||
be paid into the State treasury to the credit of the
General | ||
Revenue Fund.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-305)
| ||
Sec. 13-305. Amount of civil penalty. A telecommunications | ||
carrier, any
corporation other than a
telecommunications | ||
carrier, or any person acting as a telecommunications
carrier |
that violates or fails to comply with any provisions of this | ||
Act or
that fails to obey, observe, or comply with any order, | ||
decision, rule,
regulation, direction, or requirement, or any | ||
part or provision thereof, of the
Commission, made or issued | ||
under authority of this Act, in a case in which a
civil penalty | ||
is not otherwise provided for in this Act, but excepting | ||
Section
5-202 of the Act, shall be subject to a civil penalty | ||
imposed in the manner
provided in Section 13-304 of no more | ||
than $30,000 or 0.00825% of the carrier's
gross intrastate | ||
annual telecommunications revenue, whichever is greater, for
| ||
each offense unless the violator has fewer than 35,000 | ||
subscriber access lines,
in which case the civil penalty may | ||
not exceed $2,000 for each offense.
| ||
A telecommunications carrier subject to administrative | ||
penalties resulting
from a final Commission order approving an | ||
intercorporate transaction entered
pursuant to Section 7-204 | ||
of this Act shall be subject to penalties under this
Section | ||
imposed for the same conduct only to the extent that such | ||
penalties
exceed those imposed by the final Commission order.
| ||
Every violation of the provisions of this Act or of any | ||
order, decision,
rule, regulation, direction, or requirement | ||
of the Commission, or any part or
provision thereof, by any | ||
corporation or person, is a separate and distinct
offense.
| ||
Penalties
under this Section shall attach and begin to accrue | ||
from the day after written
notice is delivered to such party or | ||
parties that they are in violation of or
have failed to
comply |
with this Act or an order, decision, rule,
regulation, | ||
direction, or requirement of the Commission, or part or | ||
provision
thereof.
In case of a continuing violation, each | ||
day's continuance
thereof
shall be a separate and distinct | ||
offense.
| ||
In construing and enforcing the provisions of this Act | ||
relating to penalties,
the act, omission, or failure of any | ||
officer, agent, or employee of any
telecommunications carrier | ||
or of any person acting within the scope of his or
her duties | ||
or employment shall in every case be deemed to be the act,
| ||
omission, or failure of such telecommunications carrier or | ||
person.
| ||
If the party who has violated or failed to comply with this | ||
Act or an order,
decision, rule, regulation, direction, or | ||
requirement of the Commission, or any
part or provision | ||
thereof, fails to seek timely review pursuant to Sections
| ||
10-113 and 10-201 of this Act, the party shall, upon expiration | ||
of the
statutory time limit, be subject to the civil penalty | ||
provision of this
Section.
| ||
Twenty percent of all moneys collected under this Section | ||
shall be deposited
into the Digital Divide Elimination Fund and | ||
20% of all moneys collected under
this Section shall be | ||
deposited into the Digital Divide Elimination
Infrastructure | ||
Fund.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
|
(220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
| ||
Sec. 13-401. Certificate of Service Authority.
| ||
(a) No telecommunications carrier not possessing a | ||
certificate of public
convenience and necessity or certificate | ||
of authority from the Commission
at the time this Article goes | ||
into effect shall transact any business in
this State until it | ||
shall have obtained a certificate of service authority
from the | ||
Commission pursuant to the provisions of this Article.
| ||
No telecommunications carrier offering or providing, or | ||
seeking to offer
or provide, any interexchange | ||
telecommunications service shall do so until
it has applied for | ||
and received a Certificate of Interexchange Service
Authority | ||
pursuant to the provisions of Section 13-403. No
| ||
telecommunications carrier offering or providing, or seeking | ||
to offer or
provide, any local exchange telecommunications | ||
service shall do so until it
has applied for and received a | ||
Certificate of Exchange Service Authority
pursuant to the | ||
provisions of Section 13-405.
| ||
Notwithstanding Sections 13-403, 13-404, and 13-405, the | ||
Commission
shall approve a cellular radio application for a | ||
Certificate of Service
Authority without a hearing upon a | ||
showing by the cellular applicant that
the Federal | ||
Communications Commission has issued to it a construction
| ||
permit or an operating license to construct or operate a | ||
cellular radio
system in the area as defined by the Federal | ||
Communications Commission, or
portion of the area, for which |
the carrier seeks a Certificate of Service
Authority.
| ||
No Certificate of Service Authority issued by the | ||
Commission shall be
construed as granting a monopoly or | ||
exclusive privilege, immunity or
franchise. The issuance of a | ||
Certificate of Service Authority to any
telecommunications | ||
carrier shall not preclude the Commission from issuing
| ||
additional Certificates of Service Authority to other | ||
telecommunications
carriers providing the same or equivalent | ||
service or serving the same
geographical area or customers as | ||
any previously certified carrier, except
to the extent | ||
otherwise provided by Sections 13-403 and 13-405.
| ||
Any certificate of public convenience and necessity | ||
granted by the
Commission to a telecommunications carrier prior | ||
to the effective date of
this Article shall remain in full | ||
force and effect, and such carriers need
not apply for a | ||
Certificate of Service Authority in order to continue
offering | ||
or providing service to the extent authorized in such | ||
certificate
of public convenience and necessity. Any such | ||
carrier, however, prior to
substantially altering the nature or | ||
scope of services provided under a
certificate of public | ||
convenience and necessity, or adding or expanding
services | ||
beyond the authority contained in such certificate, must apply | ||
for
a Certificate of Service Authority for such alterations or | ||
additions
pursuant to the provisions of this Article.
| ||
The Commission shall review and modify the terms of any
| ||
certificate of public convenience and necessity issued to a
|
telecommunications carrier prior to the effective date of this | ||
Article in
order to ensure its conformity with the requirements | ||
and policies of this
Article. Any Certificate of Service | ||
Authority may be altered or modified by
the Commission, after | ||
notice and hearing, upon its own motion or upon
application of | ||
the person or company affected. Unless exercised within a
| ||
period of two years from the issuance thereof, authority | ||
conferred by a
Certificate of Service Authority shall be null | ||
and void.
| ||
(b) The Commission may issue a temporary Certificate which | ||
shall remain
in force not to exceed one year in cases of | ||
emergency, to assure maintenance
of adequate service or to | ||
serve particular customers, without notice and
hearing, | ||
pending the determination of an application for a Certificate, | ||
and
may by regulation exempt from the requirements of this | ||
Section temporary
acts or operations for which the issuance of | ||
a certificate is not necessary
in the public interest and which | ||
will not be required therefor.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-401.1) | ||
Sec. 13-401.1. Interconnected voice over Internet protocol | ||
(VoIP) service provider registration. | ||
(a) An Interconnected VoIP provider providing fixed or | ||
non-nomadic service in Illinois on December 1, 2010 shall | ||
register with the Commission no later than January 1, 2011. All |
other Interconnected VoIP providers providing fixed or | ||
non-nomadic service in Illinois shall register with the | ||
Commission at least 30 days before providing service in | ||
Illinois. The Commission shall prescribe a registration form no | ||
later than October 1, 2010. The registration form prescribed by | ||
the Commission shall only require the following information: | ||
(1) the provider's legal name and any name under which | ||
the provider does or will do business in Illinois, as | ||
authorized by the Secretary of State; | ||
(2) the provider's address and telephone number, along | ||
with contact information for the person responsible for | ||
ongoing communications with the Commission; | ||
(3) a description of the provider's dispute resolution | ||
process and, if any, the telephone number to initiate the | ||
dispute resolution process; and | ||
(4) a description of each exchange of a local exchange | ||
company, in whole or in part, or the cities, towns, or | ||
geographic areas, in whole or in part, in which the | ||
provider is offering or proposes to offer Interconnected | ||
VoIP service. | ||
A provider must notify the Commission of any change in the | ||
information identified in paragraphs (1), (2), (3), or (4) of | ||
this subsection (a) within 5 business days after any such | ||
change. | ||
(b) A provider shall charge and collect from its end-user | ||
customers, and remit to the appropriate authority, fees and |
surcharges in the same manner as are charged and collected upon | ||
end-user customers of local exchange telecommunications | ||
service and remitted by local exchange telecommunications | ||
companies for local enhanced 9-1-1 surcharges. | ||
(c) A provider may designate information that it submits in | ||
its registration form or subsequent reports as confidential or | ||
proprietary, provided that the provider states the reasons the | ||
confidential designation is necessary. The Commission shall | ||
provide adequate protection for such information pursuant to | ||
Section 4-404 of this Act. If the Commission or any other party | ||
seeks public disclosure of information designated as | ||
confidential, the Commission shall consider the confidential | ||
designation in a proceeding under the Illinois Administrative | ||
Procedure Act, and the burden of proof to demonstrate that the | ||
designated information is confidential shall be upon the | ||
provider. Designated information shall remain confidential | ||
pending the Commission's determination of whether the | ||
information is entitled to confidential treatment. Information | ||
designated as confidential shall be provided to local units of | ||
government for purposes of assessing compliance with this | ||
Article as permitted under a protective order issued by the | ||
Commission pursuant to the Commission's rules and to the | ||
Attorney General pursuant to Section 6.5 of the Attorney | ||
General Act. Information designated as confidential under this | ||
Section or determined to be confidential upon Commission review | ||
shall only be disclosed pursuant to a valid and enforceable |
subpoena or court order or as required by the Freedom of | ||
Information Act. | ||
(d) Notwithstanding any other provision of law to the | ||
contrary, the Commission shall have the authority, after notice | ||
and hearing, to revoke or suspend the registration of any | ||
provider that fails to comply with the requirements of this | ||
Section. | ||
(e) The provisions of this Section are severable under | ||
Section 1.31 of the Statute on Statutes.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .)
| ||
(220 ILCS 5/13-402) (from Ch. 111 2/3, par. 13-402)
| ||
Sec. 13-402.
The Commission is authorized, in connection | ||
with the
issuance or modification of a Certificate of | ||
Interexchange Service
Authority or the modification of a | ||
certificate of public convenience and
necessity for | ||
interexchange telecommunications service, to waive or modify
| ||
the application of its rules, general orders, procedures or | ||
notice
requirements when such action will reduce the economic | ||
burdens of
regulation and such waiver or modification is not | ||
inconsistent with the law
or the purposes and policies of this | ||
Article.
| ||
Any such waiver or modification granted to any | ||
interexchange
telecommunications carrier which has, or any | ||
group of such carriers any one
of which has annual revenues | ||
exceeding $10,000,000 shall be
automatically applied fully and |
equally to all such carriers with annual
revenues exceeding | ||
$10,000,000 unless the Commission specifically finds,
after | ||
notice to all such carriers and a hearing, that restricting the
| ||
application of such waiver or modification to only one such | ||
carrier or some
group of such carriers is consistent with and | ||
would promote the purposes
and policies of this Article and the | ||
protection of telecommunications
customers.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
| ||
Sec. 13-403. Interexchange service authority; approval. | ||
The
Commission shall approve an application for a
Certificate | ||
of Interexchange Service Authority only upon a showing by the
| ||
applicant, and a finding by the Commission, after notice and | ||
hearing, that
the applicant possesses sufficient technical, | ||
financial and managerial
resources and abilities to provide | ||
interexchange telecommunications
service. The removal from | ||
this Section of the dialing restrictions by
this amendatory Act | ||
of 1992 does not create any legislative presumption for
or | ||
against intra-Market Service Area presubscription or changes | ||
in
intra-Market Service Area dialing arrangements related to | ||
the
implementation of that presubscription, but simply vests | ||
jurisdiction in
the Illinois Commerce Commission to consider | ||
after notice and hearing the
issue of presubscription in | ||
accordance with the policy goals outlined in
Section 13-103.
| ||
The Commission shall have authority to alter the boundaries |
of Market
Service Areas when such alteration is consistent with | ||
the public interest
and the purposes and policies of this | ||
Article. A
determination by the Commission with respect to | ||
Market Service
Area boundaries shall not modify or affect the | ||
rights or obligations of any
telecommunications carrier with | ||
respect to any consent decree or agreement
with the United | ||
States Department of Justice, including, but not limited
to, | ||
the Modification of Final Judgment in United States v. Western | ||
Electric
Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from | ||
time to
time.
| ||
(Source: P.A. 91-357, eff. 7-29-99 .)
| ||
(220 ILCS 5/13-404) (from Ch. 111 2/3, par. 13-404)
| ||
Sec. 13-404.
Any telecommunications carrier offering or | ||
providing the
resale of either local exchange or interexchange | ||
telecommunications service
must first obtain a Certificate of | ||
Service Authority. The Commission shall
approve an application | ||
for a Certificate for the resale of local exchange
or | ||
interexchange telecommunications service upon a showing by the
| ||
applicant, and a finding by the Commission, after notice and | ||
hearing, that
the applicant possesses sufficient technical, | ||
financial and managerial
resources and abilities to provide the | ||
resale of telecommunications service.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-404.1) |
Sec. 13-404.1. Prepaid calling service authority; rules. | ||
(a) The General Assembly finds that it is necessary to | ||
require the certification of prepaid calling service providers | ||
to protect and promote against fraud the legitimate business | ||
interests of persons or entities currently providing prepaid | ||
calling service to Illinois end users and Illinois end users | ||
who purchase these services. | ||
(b) On and after July 1, 2005, it shall be unlawful for any | ||
prepaid calling service provider to offer or provide or seek to | ||
offer or provide to any distributor, prepaid calling service | ||
reseller, prepaid calling service retailer, or end user any | ||
prepaid calling service unless the prepaid calling service | ||
provider has applied for and received a Certificate of Prepaid | ||
Calling Service Provider Authority from the Commission. The | ||
Commission shall approve an application for a Certificate of | ||
Prepaid Calling Service Provider Authority upon a showing by | ||
the applicant, and a finding by the Commission, after notice | ||
and hearing, that the applicant possesses sufficient | ||
technical, financial, and managerial resources and abilities | ||
to provide prepaid calling services. The Commission shall | ||
approve an application for a Certificate of Prepaid Calling | ||
Service Provider Authority without a hearing upon a showing by | ||
the applicant that the Commission has issued an appropriate | ||
Certificate of Service Authority (whether a Certificate of | ||
Interexchange Service Authority or Certificate of Exchange | ||
Service Authority or both) to the applicant or the |
telecommunications carrier whose service the applicant is | ||
seeking to resell, provided that the telecommunications | ||
carrier remains in good standing with the Commission. The | ||
Commission may adopt rules necessary for the administration of | ||
this subsection. | ||
(c) Upon issuance of a Certificate of Prepaid Calling | ||
Service Provider Authority to a prepaid calling service | ||
provider, the Commission shall post a list that contains the | ||
full legal name of the prepaid service provider, the docket | ||
number of the provider's certification proceeding, and the | ||
toll-free customer service number of the certified prepaid | ||
calling service provider on the Commission's web site on a link | ||
solely dedicated to prepaid calling service providers. If the | ||
certified prepaid calling service provider changes its | ||
toll-free customer service number, it is the duty of the | ||
certified prepaid calling service provider to provide the | ||
Commission with notice of the change and with the provider's | ||
new toll-free customer service number at least 24 hours prior | ||
to changing its toll-free customer service number. The | ||
Commission may adopt rules that further define the | ||
administration of this subsection.
| ||
(d) Any and all enforcement authority granted to the | ||
Commission under this Article over any Certificate of Service | ||
Authority shall apply equally and without limitation to | ||
Certificates of Prepaid Calling Service Provider Authority.
| ||
(Source: P.A. 93-1002, eff. 1-1-05 .) |
(220 ILCS 5/13-404.2) | ||
Sec. 13-404.2. Prepaid calling service standards. The | ||
Commission, by rule, may establish and implement minimum | ||
service quality standards for prepaid calling service. The | ||
rules may include, but are not limited to, requiring access to | ||
a live customer service attendant through the customer service | ||
number, reporting requirements, fines, penalties, customer | ||
credits, remedies, and other enforcement mechanisms to ensure | ||
compliance with the service quality standards.
| ||
(Source: P.A. 93-1002, eff. 1-1-05 .)
| ||
(220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)
| ||
Sec. 13-405. Local exchange service authority; approval. | ||
The Commission
shall approve an application for a
Certificate | ||
of Exchange Service Authority only upon a showing by the
| ||
applicant, and a finding by the Commission, after notice and | ||
hearing, that the
applicant possesses sufficient technical, | ||
financial, and
managerial resources and abilities to provide | ||
local exchange
telecommunications service.
| ||
(Source: P.A. 90-185, eff. 7-23-97 .)
| ||
(220 ILCS 5/13-405.1) (from Ch. 111 2/3, par. 13-405.1)
| ||
Sec. 13-405.1. Interexchange services; incidental local | ||
service. Whether or not a telecommunications carrier is | ||
certified to offer
or provide local exchange |
telecommunications service, nothing in
Section 13-405 shall be | ||
construed to require the withdrawal or
prevent the offering of | ||
interexchange services merely because
incidental use of such | ||
service by the customer for local exchange
telecommunications | ||
service is possible.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
| ||
Sec. 13-406. Abandonment of service. No telecommunications | ||
carrier offering or providing
noncompetitive | ||
telecommunications service pursuant to a valid
Certificate of | ||
Service Authority or certificate of public convenience and
| ||
necessity shall discontinue or abandon such service once | ||
initiated until
and unless it shall demonstrate, and the | ||
Commission finds, after notice and
hearing, that such | ||
discontinuance or abandonment will not deprive customers
of any | ||
necessary or essential telecommunications service or access | ||
thereto
and is not otherwise contrary to the public interest. | ||
No
telecommunications carrier offering or providing | ||
competitive
telecommunications service shall completely | ||
discontinue or abandon such service to an identifiable class or | ||
group of customers once
initiated except upon 60 days notice to | ||
the Commission and affected
customers. The Commission may, upon | ||
its own motion or upon complaint,
investigate the proposed | ||
discontinuance or abandonment of a competitive
| ||
telecommunications service and may, after notice and hearing, |
prohibit such
proposed discontinuance or abandonment if the | ||
Commission finds that it
would be contrary to the public | ||
interest. If the Commission does not provide notice of a | ||
hearing within 60 calendar days after the notification or holds | ||
a hearing and fails to find that the proposed discontinuation | ||
or abandonment would be contrary to the public interest, the | ||
provider may discontinue or abandon such service after | ||
providing at least 30 days notice to affected customers. This | ||
Section does not apply to a Large Electing Provider proceeding | ||
under Section 13-406.1.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .)
| ||
(220 ILCS 5/13-406.1 new) | ||
Sec. 13-406.1. Large Electing Provider transition to | ||
IP-based networks and service. | ||
(a) As used in this Section: | ||
"Alternative voice service" means service that includes | ||
all of the applicable functionalities for voice telephony | ||
services described in 47 CFR 54.101(a). | ||
"Existing customer" means a residential customer of the | ||
Large Electing Provider who is subscribing to a | ||
telecommunications service on the date the Large Electing | ||
Provider sends its notice under paragraph (1) of subsection (c) | ||
of this Section of its intent to cease offering and providing | ||
service. For purposes of this Section, a residential customer | ||
of the Large Electing Provider whose service has been |
temporarily suspended, but not finally terminated as of the | ||
date that the Large Electing Provider sends that notice, shall | ||
be deemed to be an "existing customer". | ||
"Large Electing Provider" means an Electing Provider, as | ||
defined in Section 13-506.2 of this Act, that (i) reported in | ||
its annual competition report for the year 2016 filed with the | ||
Commission under Section 13-407 of this Act and 83 Ill. Adm. | ||
Code 793 that it provided at least 700,000 access lines to end | ||
users; and (ii) is affiliated with a provider of commercial | ||
mobile radio service, as defined in 47 CFR 20.3, as of January | ||
1, 2017. | ||
"New customer" means a residential customer who is not | ||
subscribing to a telecommunications service provided by the | ||
Large Electing Provider on the date the Large Electing Provider | ||
sends its notice under paragraph (1) of subsection (c) of this | ||
Section of its intent to cease offering and providing that | ||
service. | ||
"Provider" includes every corporation, company, | ||
association, firm, partnership, and individual and their | ||
lessees, trustees, or receivers appointed by a court that sell | ||
or offer to sell an alternative voice service. | ||
"Reliable access to 9-1-1" means access to 9-1-1 that | ||
complies with the applicable rules, regulations, and | ||
guidelines established by the Federal Communications | ||
Commission and the applicable provisions of the Emergency | ||
Telephone System Act and implementing rules. |
"Willing provider" means a provider that voluntarily | ||
participates in the request for service process. | ||
(b) Beginning June 30, 2017, a Large Electing Provider may, | ||
to the extent permitted by and consistent with federal law, | ||
including, as applicable, approval by the Federal | ||
Communications Commission of the discontinuance of the | ||
interstate-access component of a telecommunications service, | ||
cease to offer and provide a telecommunications service to an | ||
identifiable class or group of customers, other than voice | ||
telecommunications service to residential customers or a | ||
telecommunications service to a class of customers under | ||
subsection (b-5) of this Section, upon 60 days' notice to the | ||
Commission and affected customers. | ||
(b-5) Notwithstanding any provision to the contrary in this | ||
Section 13-406.1, beginning December 31, 2021, a Large Electing | ||
Provider may, to the extent permitted by and consistent with | ||
federal law, including, if applicable, approval by the Federal | ||
Communications Commission of the discontinuance of the | ||
interstate-access component of a telecommunication service, | ||
cease to offer and provide a telecommunications service to one | ||
or more of the following classes or groups of customers upon 60 | ||
days' notice to the Commission and affected customers: (1) | ||
electric utilities, as defined in Section 16-102 of this Act; | ||
(2) public utilities, as defined in Section 3-105 of this Act, | ||
that offers natural gas or water services; (3) electric, gas, | ||
and water utilities that are excluded from the definition of |
public utility under paragraph (1) of subsection (b) of Section | ||
3-105 of this Act; (4) water companies as described in | ||
paragraph (2) of subsection (b) of Section 3-105 of this Act; | ||
(5) natural gas cooperatives as described in paragraph (4) of | ||
subsection (b) of Section 3-105 of this Act; (6) electric | ||
cooperatives as defined in Section 3-119 of this Act; (7) | ||
entities engaged in the commercial generation of electric power | ||
and energy; (8) the functional divisions of public agencies, as | ||
defined in Section 2 of the Emergency Telephone System Act, | ||
that provide police or firefighting services; and (9) 9-1-1 | ||
Authorities, as defined in Section 2 of the Emergency Telephone | ||
System Act; provided that the date shall be extended to | ||
December 21, 2022, for (i) an electric utility, as defined in | ||
Section 16-102 of this Act, that serves more than 3 million | ||
customers in the State; and (ii) an entity engaged in the | ||
commercial generation of electric power and energy that | ||
operates one or more nuclear power plants in the State. | ||
(c) Beginning June 30, 2017, a Large Electing Provider may, | ||
to the extent permitted by and consistent with federal law, | ||
cease to offer and provide voice telecommunications service to | ||
an identifiable class or group of residential customers, which, | ||
for the purposes of this subsection (c), shall be referred to | ||
as "requested service", subject to compliance with the | ||
following requirements: | ||
(1) No less than 255 days prior to providing notice to | ||
the Federal Communications Commission of its intent to |
discontinue the interstate-access component of the | ||
requested service, the Large Electing Provider shall: | ||
(A) file a notice of the proposed cessation of the | ||
requested service with the Commission, which shall | ||
include a statement that the Large Electing Provider | ||
will comply with any service discontinuance rules and | ||
regulations of the Federal Communications Commission | ||
pertaining to compatibility of alternative voice | ||
services with medical monitoring devices; and | ||
(B) provide notice of the proposed cessation of the | ||
requested service to each of the Large Electing | ||
Provider's existing customers within the affected | ||
geographic area by first-class mail separate from | ||
customer bills. If the customer has elected to receive | ||
electronic billing, the notice shall be sent | ||
electronically and by first-class mail separate from | ||
customer bills. The notice provided under this | ||
subparagraph (B) shall describe the requested service, | ||
identify the earliest date on which the Large Electing | ||
Provider intends to cease offering or providing the | ||
telecommunications service, provide a telephone number | ||
by which the existing customer may contact a service | ||
representative of the Large Electing Provider, and | ||
provide a telephone number by which the existing | ||
customer may contact the Commission's Consumer | ||
Services Division. The notice shall also include the |
following statement: | ||
"If you do not believe that an alternative | ||
voice service including reliable access to 9-1-1 | ||
is available to you, from either [name of Large | ||
Electing Provider] or another provider of wired or | ||
wireless voice service where you live, you have the | ||
right to request the Illinois Commerce Commission | ||
to investigate the availability of alternative | ||
voice service including reliable access to 9-1-1. | ||
To do so, you must submit such a request either in | ||
writing or by signing and returning a copy of this | ||
notice, no later than (insert date), 60 days after | ||
the date of the notice to the following address: | ||
Chief Clerk of the Illinois Commerce Commission | ||
527 East Capitol Avenue | ||
Springfield, Illinois 62706 | ||
You must include in your request a reference to | ||
the notice you received from [Large Electing | ||
Provider's name] and the date of notice.". | ||
Thirty days following the date of notice, the Large | ||
Electing Provider shall provide each customer to which | ||
the notice was sent a follow-up notice containing the | ||
same information and reminding customers of the | ||
deadline for requesting the Commission to investigate | ||
alternative voice service with access to 9-1-1. | ||
(2) After June 30, 2017, and only in a geographic area |
for which a Large Electing Provider has provided notice of | ||
proposed cessation of the requested service to existing | ||
customers under paragraph (1) of this subsection (c), an | ||
existing customer of that provider may, within 60 days | ||
after issuance of such notice, request the Commission to | ||
investigate the availability of alternative voice service | ||
including reliable access to 9-1-1 to that customer. For | ||
the purposes of this paragraph (2), existing customers who | ||
make such a request are referred to as "requesting existing | ||
customers". The Large Electing Provider may cease to offer | ||
or provide the requested service to existing customers who | ||
do not make a request for investigation beginning 30 days | ||
after issuance of the notice required by paragraph (5) of | ||
this subsection (c). | ||
(A) In response to all requests and investigations | ||
under this paragraph (2), the Commission shall conduct | ||
a single investigation to be commenced 75 days after | ||
the receipt of notice under paragraph (1) of this | ||
subsection (c), and completed within 135 days after | ||
commencement. The Commission shall, within 135 days | ||
after commencement of the investigation, make one of | ||
the findings described in subdivisions (i) and (ii) of | ||
this subparagraph (A) for each requesting existing | ||
customer. | ||
(i) If, as a result of the investigation, the | ||
Commission finds that service from at least one |
provider offering alternative voice service | ||
including reliable access to 9-1-1 through any | ||
technology or medium is available to one or more | ||
requesting existing customers, the Commission | ||
shall declare by order that, with respect to each | ||
requesting existing customer for which such a | ||
finding is made, the Large Electing Provider may | ||
cease to offer or provide the requested service | ||
beginning 30 days after the issuance of the notice | ||
required by paragraph (5) of this subsection (c). | ||
(ii) If, as a result of the investigation, the | ||
Commission finds that service from at least one | ||
provider offering alternative voice service, | ||
including reliable access to 9-1-1, through any | ||
technology or medium is not available to one or | ||
more requesting existing customers, the Commission | ||
shall declare by order that an emergency exists | ||
with respect to each requesting existing customer | ||
for which such a finding is made. | ||
(B) If the Commission declares an emergency under | ||
subdivision (ii) of subparagraph (A) of this paragraph | ||
(2) with respect to one or more requesting existing | ||
customers, the Commission shall conduct a request for | ||
service process to identify a willing provider of | ||
alternative voice service including reliable access to | ||
9-1-1. A provider shall not be required to participate |
in the request for service process. The willing | ||
provider may utilize any form of technology that is | ||
capable of providing alternative voice service | ||
including reliable access to 9-1-1, including, without | ||
limitation, Voice over Internet Protocol services and | ||
wireless services. The Commission shall, within 45 | ||
days after the issuance of an order finding that an | ||
emergency exists, make one of the determinations | ||
described in subdivisions (i) and (ii) of this | ||
subparagraph (B) for each requesting existing customer | ||
for which an emergency has been declared. | ||
(i) If the Commission determines that another | ||
provider is willing and capable of providing | ||
alternative voice service including reliable | ||
access to 9-1-1 to one or more requesting existing | ||
customers for which an emergency has been | ||
declared, the Commission shall declare by order | ||
that, with respect to each requesting existing | ||
customer for which such a determination is made, | ||
the Large Electing Provider may cease to offer or | ||
provide the requested service beginning 30 days | ||
after the issuance of the notice required by | ||
paragraph (5) of this Section. | ||
(ii) If the Commission determines that for one | ||
or more of the requesting existing customers for | ||
which an emergency has been declared there is no |
other provider willing and capable of providing | ||
alternative voice service including reliable | ||
access to 9-1-1, the Commission shall issue an | ||
order requiring the Large Electing Provider to | ||
provide alternative voice service including | ||
reliable access to 9-1-1 to each requesting | ||
existing customer utilizing any form of technology | ||
capable of providing alternative voice service | ||
including reliable access to 9-1-1, including, | ||
without limitation, continuation of the requested | ||
service, Voice over Internet Protocol services, | ||
and wireless services, until another willing | ||
provider is available. A Large Electing Provider | ||
may fulfill the requirement through an affiliate | ||
or another provider. The Large Electing Provider | ||
may request that such an order be rescinded upon a | ||
showing that an alternative voice service | ||
including reliable access to 9-1-1 has become | ||
available to the requesting existing customer from | ||
another provider. | ||
(3) If the Commission receives no requests for | ||
investigation from any existing customer under paragraph | ||
(2) of this subsection (c) within 60 days after issuance of | ||
the notice under paragraph (1) of this subsection (c), the | ||
Commission shall provide written notice to the Large | ||
Electing Provider of that fact no later than 75 days after |
receipt of notice under paragraph (1) of this subsection | ||
(c). Notwithstanding any provision of this subsection (c) | ||
to the contrary, if no existing customer requests an | ||
investigation under paragraph (2) of this subsection (c), | ||
the Large Electing Provider may immediately provide the | ||
notice to the Federal Communications Commission as | ||
described in paragraph (4) of this subsection (c). | ||
(4) At the same time that it provides notice to the | ||
Federal Communications Commission of its intent to | ||
discontinue the interstate-access component of the | ||
requested service, the Large Electing Provider shall: | ||
(A) file a notice of proposal to cease to offer and | ||
provide the requested service with the Commission; and | ||
(B) provide a notice of proposal to cease to offer | ||
and provide the requested service to existing | ||
customers and new customers receiving the service at | ||
the time of the notice within each affected geographic | ||
area, with the notice made by first-class mail or | ||
within customer bills delivered by mail or equivalent | ||
means of notice, including electronic means if the | ||
customer has elected to receive electronic billing. | ||
The notice provided under this subparagraph (B) shall | ||
include a brief description of the requested service, | ||
the date on which the Large Electing Provider intends | ||
to cease offering or providing the telecommunications | ||
service, and a statement as required by 47 CFR 63.71 |
that describes the process by which the customer may | ||
submit comments to the Federal Communications | ||
Commission. | ||
(5) Upon approval by the Federal Communications | ||
Commission of its request to discontinue the | ||
interstate-access component of the requested service and | ||
subject to the requirements of any order issued by the | ||
Commission under subdivision (ii) of subparagraph (B) of | ||
paragraph (2) of this subsection (c), the Large Electing | ||
Provider may immediately cease to offer the requested | ||
service to all customers not receiving the service on the | ||
date of the Federal Communications Commission's approval | ||
and may cease to offer and provide the requested service to | ||
all customers receiving the service at the time of the | ||
Federal Communications Commission's approval upon 30 days' | ||
notice to the Commission and affected customers. Notice to | ||
affected customers under this paragraph (5) shall be | ||
provided by first-class mail separate from customer bills. | ||
The notice provided under this paragraph (5) shall describe | ||
the requested service, identify the date on which the Large | ||
Electing Provider intends to cease offering or providing | ||
the telecommunications service, and provide a telephone | ||
number by which the existing customer may contact a service | ||
representative of the Large Electing Provider. | ||
(6) The notices provided for in paragraph (1) of this | ||
subsection (c) are not required as a prerequisite for the |
Large Electing Provider to cease to offer or provide a | ||
telecommunications service in a geographic area where | ||
there are no residential customers taking service from the | ||
Large Electing Provider on the date that the Large Electing | ||
Provider files notice to the Federal Communications | ||
Commission of its intent to discontinue the | ||
interstate-access component of the requested service in | ||
that geographic area. | ||
(7) For a period of 45 days following the date of a | ||
notice issued under paragraph (5) of this Section, an | ||
existing customer (i) who is located in the affected | ||
geographic area subject to that notice; (ii) who was | ||
receiving the requested service as of the date of the | ||
Federal Communications Commission's approval of the Large | ||
Electing Provider's request to discontinue the | ||
interstate-access component of the requested service; | ||
(iii) who did not make a timely request for investigation | ||
under paragraph (2) of this subsection (c); and (iv) whose | ||
service will be or has been discontinued under paragraph | ||
(5), may request assistance from the Large Electing | ||
Provider in identifying providers of alternative voice | ||
service including reliable access to 9-1-1. Within 15 days | ||
of the request, the Large Electing Provider shall provide | ||
the customer with a list of alternative voice service | ||
providers. | ||
(8) Notwithstanding any other provision of this Act, |
except as expressly authorized by this subsection (c), the | ||
Commission may not, upon its own motion or upon complaint, | ||
investigate, suspend, disapprove, condition, or otherwise | ||
regulate the cessation of a telecommunications service to | ||
an identifiable class or group of customers once initiated | ||
by a Large Electing Provider under subsection (b) or (b-5) | ||
of this Section or this subsection (c).
| ||
(220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
| ||
Sec. 13-407. Commission study and report. The Commission | ||
shall monitor
and analyze patterns of
entry and exit and | ||
changes in patterns of entry
and exit for each relevant
market | ||
for telecommunications services, including emerging high speed
| ||
telecommunications markets and broadband services. The | ||
Commission shall include its findings
together with | ||
appropriate recommendations for legislative action in its
| ||
annual report to the General Assembly. The Commission shall | ||
provide an analysis of entry and exit, along with changes in | ||
patterns of entry and exit, for broadband services in its | ||
annual report to the General Assembly.
| ||
In preparing its annual report, the Commission may obtain | ||
any information on broadband services that has been collected | ||
or is in the possession of the Department of Commerce and | ||
Economic Opportunity pursuant to the High Speed Internet | ||
Services and Information Technology Act. The Commission shall | ||
coordinate with the Department of Commerce and Economic |
Opportunity in collecting information to avoid a duplication of | ||
efforts. | ||
The Commission shall also monitor and analyze the status
of | ||
deployment of services to consumers, and any resulting "digital | ||
divisions"
between consumers, including any changes or trends | ||
therein. The
Commission shall include its findings together | ||
with appropriate recommendations
for legislative action in its | ||
annual report to the General Assembly. In
preparing this | ||
analysis the Commission shall evaluate information
provided by | ||
certificated telecommunications carriers, registered | ||
Interconnected VoIP providers, and Facilities-based Providers | ||
of Broadband Connections to End User Locations that pertains to | ||
the state of
competition in telecommunications markets | ||
including, but not limited to:
| ||
(1) the number and type of firms providing | ||
telecommunications services and broadband services, within | ||
the State;
| ||
(2) the services offered by these firms to both retail
| ||
and wholesale customers;
| ||
(3) the extent to which customers and other providers | ||
are purchasing the
firms' services; and
| ||
(4) the technologies or methods by which these firms | ||
provide these
services, including descriptions of | ||
technologies in place and under
development, and the degree | ||
to which firms rely on other wholesale providers to
provide | ||
service to their own customers.
|
The Commission shall at a minimum assess the variability in | ||
this
information according to geography, examining variability | ||
by exchange,
wirecenter, or zip code, and by
customer class, | ||
examining, at a minimum, the variability between residential
| ||
and small, medium, and large business customers. The Commission | ||
shall
provide an analysis of market trends by collecting this | ||
information from certificated telecommunications carriers, | ||
registered Interconnected VoIP providers, and Facilities-based | ||
Providers of Broadband Connections to End User Locations within | ||
the State. The Commission shall
also collect all information, | ||
in a format determined by the Commission, that
the Commission | ||
deems necessary to assist in monitoring and analyzing the
| ||
telecommunications markets and broadband market, along with | ||
the status of competition and deployment of
telecommunications | ||
services and broadband services to consumers in the State.
| ||
Notwithstanding any other provision of this Act, | ||
certificated telecommunications carriers and registered | ||
Interconnected VoIP providers shall report to the Commission | ||
such information, with the exception of broadband information, | ||
requested by the Commission necessary to satisfy the reporting | ||
requirements of items (1) through (4) of this Section.
The | ||
Commission may coordinate and work with the Department of | ||
Commerce and Economic Opportunity to avoid duplication of | ||
collection of information that is collected pursuant to the | ||
High Speed Internet Services and Information Technology Act. | ||
For the purposes of this Section: |
"Broadband connections" include wired lines or | ||
wireless channels that enable the end user to receive | ||
information from or send information to the Internet at | ||
information transfer rates exceeding 200 kbps in at least | ||
one direction. | ||
"End user" includes a residential, business, | ||
institutional, or government entity who uses broadband | ||
services for its own purposes and who does not resell such | ||
services to other entities or incorporate such services | ||
into retail Internet-access services. For purposes of this | ||
Section, an Internet Service Provider (ISP) is not an end | ||
user of a broadband connection. | ||
"Facilities-based Provider of Broadband Connections to | ||
End User Locations" means an entity that meets any of the | ||
following conditions: | ||
(i) It owns the portion of the physical facility | ||
that terminates at the end user location. | ||
(ii) It obtains unbundled network elements (UNEs), | ||
special access lines, or other leased facilities that | ||
terminate at the end user location and provisions or | ||
equips them as broadband. | ||
(iii) It provisions or equips a broadband wireless | ||
channel to the end user location over licensed or | ||
unlicensed spectrum. | ||
"Facilities-based Provider of Broadband Connections to | ||
End User Locations" does not include providers of |
terrestrial fixed wireless services (such as Wi-Fi and | ||
other wireless Ethernet, or wireless local area network, | ||
applications) that only enable local distribution and | ||
sharing of a premises broadband facility and does not | ||
include air-to-ground services. | ||
(Source: P.A. 96-927, eff. 6-15-10 .)
| ||
(220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
| ||
Sec. 13-501. Tariff; filing.
| ||
(a) No telecommunications carrier shall offer or provide | ||
noncompetitive
telecommunications service, telecommunications | ||
service subject to subsection (g) of Section 13-506.2 or | ||
Section 13-900.1 or 13-900.2 of this Act, or telecommunications | ||
service referred to in an interconnection agreement as a | ||
tariffed service unless and until a tariff is filed with the
| ||
Commission which describes the nature of the service, | ||
applicable rates and
other charges, terms and conditions of | ||
service, and the exchange, exchanges
or other geographical area | ||
or areas in which the service shall be offered
or provided. The | ||
Commission may prescribe the form of such tariff and any
| ||
additional data or information which shall be included therein.
| ||
(b) After a hearing regarding a telecommunications service | ||
subject to subsection (a) of this Section, the Commission has | ||
the discretion to impose an
interim or permanent tariff on a | ||
telecommunications carrier as part
of the order in
the case. | ||
When a tariff is imposed as part of the order in a case, the
|
tariff shall remain
in full force and effect until a compliance | ||
tariff, or superseding
tariff, is filed by the
| ||
telecommunications carrier and, after notice to the parties in | ||
the case and
after a
compliance hearing is held, is found by | ||
the Commission to be in compliance with
the
Commission's order.
| ||
(c) A telecommunications carrier shall offer or provide | ||
telecommunications service that is not subject to subsection | ||
(a) of this Section pursuant to either a tariff filed with the | ||
Commission or a written service offering that shall be | ||
available on the telecommunications carrier's website as | ||
required by Section 13-503 of this Act and that describes the | ||
nature of the service, applicable rates and other charges, | ||
terms and conditions of service. Revenue from competitive | ||
retail telecommunications service received by a | ||
telecommunications carrier pursuant to either a tariff or a | ||
written service offering shall be gross revenue for purposes of | ||
Section 2-202 of this Act. | ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-501.5)
| ||
Sec. 13-501.5. Directory assistance service for the blind. | ||
A
telecommunications carrier that provides directory | ||
assistance service shall
provide in its
tariffs or its written | ||
service offering pursuant to subsection (c) of Section 13-501 | ||
of this Act for that service that directory assistance shall be | ||
provided at no
charge to its
customers who are legally blind
|
for telephone numbers of customers located within
the same | ||
calling area, as described in the telecommunications carrier's
| ||
tariff.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
| ||
Sec. 13-502. Classification of services.
| ||
(a) All telecommunications services offered or provided
| ||
under tariff by telecommunications carriers shall be | ||
classified as either
competitive or noncompetitive. A | ||
telecommunications carrier may offer or
provide either | ||
competitive or noncompetitive telecommunications services, or
| ||
both, subject to proper certification and other applicable | ||
provisions of
this Article. Any tariff filed with the | ||
Commission as required by Section
13-501 shall indicate whether | ||
the service to be offered or provided is
competitive or | ||
noncompetitive.
| ||
(b) A service shall be classified as competitive only if, | ||
and only to the
extent that, for some identifiable class or | ||
group of customers in an
exchange, group of exchanges, or some | ||
other clearly defined geographical
area, such service, or its | ||
functional equivalent, or a substitute service,
is reasonably | ||
available from more than one provider, whether or not any
such | ||
provider is a telecommunications carrier subject to regulation | ||
under
this Act. All telecommunications services not properly | ||
classified as
competitive shall be classified as |
noncompetitive. The Commission shall
have the power to | ||
investigate the propriety of any classification of a
| ||
telecommunications service on its own motion and shall | ||
investigate upon
complaint. In any hearing or investigation, | ||
the burden of proof as to the
proper classification of any | ||
service shall rest upon the telecommunications
carrier | ||
providing the service. After notice and hearing, the Commission
| ||
shall order the proper
classification of any service in whole | ||
or in part. The Commission shall
make its determination and | ||
issue its final order no later than 180 days
from the date such | ||
hearing or investigation is initiated. If the Commission
enters | ||
into a hearing upon complaint and if the Commission fails to | ||
issue
an order within that period, the complaint shall be | ||
deemed granted unless
the Commission, the complainant, and the | ||
telecommunications carrier
providing the service agree to | ||
extend the time period.
| ||
(c) In determining whether a service should be reclassified | ||
as
competitive, the Commission shall, at a minimum, consider | ||
the following
factors:
| ||
(1) the number, size, and geographic distribution of | ||
other providers of
the
service;
| ||
(2) the availability of functionally equivalent | ||
services in the relevant
geographic area and the ability of | ||
telecommunications carriers or other
persons
to make the | ||
same, equivalent, or substitutable service readily | ||
available in the
relevant market at comparable rates, |
terms, and conditions;
| ||
(3) the existence of economic, technological, or any | ||
other barriers to
entry into, or exit from, the relevant | ||
market;
| ||
(4) the extent to which other telecommunications | ||
companies must rely upon
the service of another | ||
telecommunications carrier to provide telecommunications
| ||
service; and
| ||
(5) any other factors that may affect competition and | ||
the public interest
that the Commission deems appropriate.
| ||
(d) No tariff classifying a new telecommunications service | ||
as
competitive or
reclassifying a previously noncompetitive | ||
telecommunications service as
competitive, which is filed by a | ||
telecommunications carrier which also
offers or provides | ||
noncompetitive telecommunications service, shall be
effective | ||
unless and until such telecommunications carrier offering or
| ||
providing, or seeking to offer or provide, such proposed | ||
competitive
service prepares and files a study of the long-run | ||
service incremental cost
underlying such service and | ||
demonstrates that the tariffed rates and
charges for the | ||
service and any relevant group of services that includes
the | ||
proposed competitive service and for which resources are used | ||
in common
solely by that group of services are not less than | ||
the long-run service
incremental cost of providing the service | ||
and each relevant group of services.
Such study shall be given | ||
proprietary treatment by the Commission at the
request of such |
carrier if any other provider of the competitive service,
its | ||
functional equivalent, or a substitute service in the | ||
geographical area
described by the proposed tariff has not | ||
filed, or has not been required to
file, such a study.
| ||
(e) In the event any telecommunications service has been
| ||
classified and
filed as competitive by the telecommunications | ||
carrier, and has been
offered or provided on such basis, and | ||
the Commission subsequently
determines after investigation | ||
that such classification improperly included
services which | ||
were in fact noncompetitive, the Commission shall have the
| ||
power to determine and order refunds to customers for any | ||
overcharges which
may have resulted from the improper | ||
classification, or to order such other
remedies provided to it | ||
under this Act, or to seek an appropriate remedy or
relief in a | ||
court of competent jurisdiction.
| ||
(f) If no hearing or investigation regarding the propriety | ||
of a
competitive
classification of a telecommunications | ||
service is initiated within 180 days
after a
telecommunications | ||
carrier files a tariff listing such telecommunications
service | ||
as competitive, no refunds to customers for any overcharges | ||
which may
result from an improper classification shall be | ||
ordered for the period from the
time the telecommunications | ||
carrier filed such tariff listing the service as
competitive up | ||
to the time an investigation of the service classification is
| ||
initiated by the Commission's own motion or the filing of a | ||
complaint. Where a
hearing or an investigation regarding the |
propriety of a telecommunications
service classification as | ||
competitive is initiated after 180 days from the
filing of the | ||
tariff, the period subject to refund for improper | ||
classification
shall begin on the date such investigation or | ||
hearing is initiated by the
filing of a Commission motion or a | ||
complaint.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-502.5)
| ||
Sec. 13-502.5. Services alleged to be improperly | ||
classified.
| ||
(a) Any action or proceeding pending before the Commission | ||
upon the
effective date of this amendatory Act of the 92nd | ||
General Assembly in which it
is alleged that a | ||
telecommunications carrier has improperly classified services
| ||
as competitive, other than a case pertaining to Section | ||
13-506.1,
shall be abated and shall not be maintained or | ||
continued.
| ||
(b) All retail telecommunications services provided to | ||
business end users by
any telecommunications carrier subject, | ||
as of May 1, 2001, to alternative
regulation
under an | ||
alternative regulation plan pursuant to Section 13-506.1 of | ||
this Act
shall be
classified as competitive as of the effective | ||
date of this amendatory Act of
the 92nd
General Assembly | ||
without further Commission review. Rates for retail
| ||
telecommunications services provided to business end users |
with 4 or fewer
access lines
shall not exceed the rates the | ||
carrier charged for those services on May 1,
2001. This
| ||
restriction upon the rates of retail telecommunications | ||
services provided to business end
users shall remain in force | ||
and effect through July 1, 2005; provided, however, that
| ||
nothing in this Section shall be construed to prohibit | ||
reduction of those rates. Rates for
retail telecommunications | ||
services provided to business end users with 5 or
more access
| ||
lines shall not be subject to the restrictions set forth in | ||
this subsection.
| ||
(c) All retail vertical services, as defined herein, that | ||
are provided by a
telecommunications carrier subject, as of May | ||
1, 2001, to alternative
regulation under an
alternative | ||
regulation plan pursuant to Section 13-506.1 of this Act shall | ||
be
classified as
competitive as of June 1, 2003 without further | ||
Commission review. Retail
vertical
services shall include, for | ||
purposes of this Section, services available on a
subscriber's
| ||
telephone line that the subscriber pays for on a periodic or | ||
per use basis, but
shall not
include caller identification and | ||
call waiting.
| ||
(d) Any action or proceeding before the Commission upon the | ||
effective date
of this amendatory Act of the 92nd General | ||
Assembly, in which it is alleged
that a telecommunications | ||
carrier has improperly classified services as
competitive, | ||
other than a case pertaining to Section 13-506.1, shall be | ||
abated
and the services the classification of which is at issue
|
shall
be deemed
either competitive or noncompetitive as set | ||
forth in this Section. Any
telecommunications carrier subject | ||
to an action or proceeding in which it is
alleged that the | ||
telecommunications carrier has improperly classified services
| ||
as competitive shall be deemed liable to refund, and shall | ||
refund, the sum of
$90,000,000 to that class or those classes | ||
of its customers that were alleged
to have paid rates in excess | ||
of noncompetitive rates as the result of the
alleged improper | ||
classification. The telecommunications carrier shall make
the | ||
refund no later than 120 days after the effective date of this | ||
amendatory
Act of the 92nd General Assembly.
| ||
(e) Any telecommunications carrier subject to an action or | ||
proceeding in
which
it is alleged that the telecommunications | ||
carrier has improperly classified
services as competitive | ||
shall also pay the sum of $15,000,000 to the Digital
Divide | ||
Elimination Fund established pursuant to Section 5-20 of the | ||
Eliminate
the Digital Divide Law, and shall further pay the sum | ||
of $15,000,000 to the
Digital Divide Elimination | ||
Infrastructure Fund established pursuant to Section
13-301.3 | ||
of this Act. The telecommunications carrier shall make each of | ||
these
payments
in 3 installments of $5,000,000, payable on July | ||
1 of 2002, 2003, and 2004.
The
telecommunications carrier shall | ||
have no further
accounting for these payments, which shall be | ||
used for the purposes established
in the Eliminate the Digital | ||
Divide Law.
| ||
(f) All other services shall be classified pursuant to |
Section 13-502 of
this
Act.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
| ||
Sec. 13-503. Information available to the public. With | ||
respect to rates or other charges made, demanded, or
received | ||
for any telecommunications service offered, provided, or to be
| ||
provided, that is subject to subsection (a) of Section 13-501 | ||
of this Act,
telecommunications carriers shall comply with the | ||
publication and filing
provisions of Sections 9-101, 9-102, | ||
9-102.1, and 9-201 of this Act. Except for the provision of | ||
services offered or provided by payphone providers pursuant to | ||
a tariff, telecommunications carriers shall make all tariffs | ||
and all written service offerings for competitive | ||
telecommunications service available electronically to the | ||
public without requiring a password or other means of | ||
registration. A telecommunications carrier's website shall, if | ||
applicable, provide in a conspicuous manner information on the | ||
rates, charges, terms, and conditions of service available and | ||
a toll-free telephone number that may be used to contact an | ||
agent for assistance with obtaining rate or other charge | ||
information or the terms and conditions of service.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
| ||
Sec. 13-504. Application of ratemaking provisions of |
Article IX.
| ||
(a) Except where the context clearly renders such | ||
provisions
inapplicable, the ratemaking provisions of Article | ||
IX of this Act relating
to public utilities are fully and | ||
equally applicable to the rates, charges,
tariffs and | ||
classifications for the offer or provision of noncompetitive
| ||
telecommunications services. However, the ratemaking | ||
provisions do not apply to
any proposed change in rates or | ||
charges, any proposed change in any
classification or tariff | ||
resulting in a change in rates or charges, or the
establishment | ||
of new services and rates therefor for
a noncompetitive local | ||
exchange telecommunications service offered or provided
by a | ||
local exchange telecommunications carrier with no more than | ||
35,000
subscriber access lines. Proposed changes in rates, | ||
charges,
classifications, or tariffs meeting these criteria | ||
shall be permitted upon
the filing of the proposed tariff and | ||
30 days notice to the Commission and
all potentially affected | ||
customers. The proposed changes shall not be
subject to | ||
suspension. The Commission shall investigate whether any | ||
proposed
change is just and reasonable only if a | ||
telecommunications
carrier that is
a customer of the local | ||
exchange telecommunications carrier or 10% of the potentially | ||
affected access line subscribers of the
local exchange | ||
telecommunications carrier shall file a petition or
complaint | ||
requesting an investigation of the proposed
changes. When the
| ||
telecommunications carrier or 10% of the
potentially
affected |
access line subscribers of a local exchange telecommunications
| ||
carrier file a complaint, the Commission shall, after notice | ||
and hearing,
have the power and duty to establish the rates, | ||
charges, classifications,
or tariffs it finds to be just and | ||
reasonable.
| ||
(b) Subsection (c) of Section 13-502 and Sections 13-505.1, | ||
13-505.4,
13-505.6, and 13-507 of this Article do not
apply to | ||
rates or charges or proposed changes in rates or charges for
| ||
applicable competitive or interexchange services when offered | ||
or provided
by a local exchange telecommunications carrier with | ||
no more than 35,000
subscriber access lines. In addition, | ||
Sections 13-514, 13-515, and 13-516 do
not apply to | ||
telecommunications carriers with no more than 35,000 | ||
subscriber
access
lines. The Commission may require | ||
telecommunications
carriers with no more than 35,000 | ||
subscriber access lines to
furnish
information that the | ||
Commission deems necessary for a determination that
rates and | ||
charges for any competitive telecommunications service are
| ||
just and reasonable.
| ||
(c) For a local exchange telecommunications carrier with no | ||
more than
35,000 access lines, the Commission shall consider | ||
and adjust,
as
appropriate, a local exchange | ||
telecommunications carrier's depreciation
rates only in | ||
ratemaking proceedings.
| ||
(d) Article VI and Sections 7-101 and 7-102 of Article VII | ||
of this Act
pertaining to public utilities, public utility |
rates and services, and the
regulation thereof are not | ||
applicable to local exchange telecommunication
carriers with | ||
no more than 35,000 subscriber access lines.
| ||
(Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97 .)
| ||
(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
| ||
Sec. 13-505. Rate changes; competitive services. Any | ||
proposed increase or decrease in rates or charges, or proposed
| ||
change in any
classification, written service offering, or | ||
tariff resulting in an increase or decrease in
rates or | ||
charges, for
a competitive telecommunications service shall be | ||
permitted upon the filing with the Commission or posting on the | ||
telecommunications carrier's website
of the proposed rate, | ||
charge, classification, written service offering, or tariff | ||
pursuant to Section 13-501 of this Act. Notice of an
increase | ||
shall be given, no later than the prior billing cycle, to
all | ||
potentially affected customers by mail or equivalent means of | ||
notice, including electronic if the customer has elected | ||
electronic billing. Additional notice by publication in a | ||
newspaper of
general circulation may also be given.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)
| ||
Sec. 13-505.2.
Nondiscrimination in the provision of | ||
noncompetitive
services. A telecommunications carrier that | ||
offers both noncompetitive and
competitive services shall |
offer the noncompetitive services under the same
rates, terms, | ||
and conditions without unreasonable discrimination to all
| ||
persons, including all telecommunications carriers and | ||
competitors.
A telecommunications carrier that offers a | ||
noncompetitive service together
with any optional feature or | ||
functionality shall offer the
noncompetitive service together | ||
with each optional feature or
functionality under the same | ||
rates, terms, and conditions without
unreasonable | ||
discrimination to all persons, including all
| ||
telecommunications carriers and competitors.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3)
| ||
Sec. 13-505.3. Services for resale. A telecommunications | ||
carrier that
offers both noncompetitive and competitive | ||
services shall offer all
noncompetitive services, together | ||
with each applicable optional feature or
functionality, | ||
subject to resale; however, the Commission may determine
under | ||
Article IX of this Act that certain noncompetitive services, | ||
together
with each applicable optional feature or | ||
functionality, that are offered to
residence customers under | ||
different rates, charges, terms, or conditions
than to other | ||
customers should not be subject to resale under the rates,
| ||
charges, terms, or conditions available only to residence | ||
customers.
| ||
(Source: P.A. 87-856 .)
|
(220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
| ||
Sec. 13-505.4. Provision of noncompetitive services.
| ||
(a) A telecommunications carrier that offers or provides a
| ||
noncompetitive service, service element, feature, or | ||
functionality on a
separate, stand-alone basis to any customer | ||
shall provide that service,
service element, feature, or | ||
functionality pursuant to tariff to all
persons, including all | ||
telecommunications carriers and competitors, in
accordance | ||
with the provisions of this Article.
| ||
(b) A telecommunications carrier that offers or provides a
| ||
noncompetitive service, service element, feature, or | ||
functionality to any
customer as part of an offering of | ||
competitive services pursuant to tariff
or contract shall | ||
publicly disclose the offering or provisioning of the
| ||
noncompetitive service, service element, feature, or | ||
functionality by
filing with the Commission information that | ||
generally describes the
offering or provisioning and that shows | ||
the rates, terms, and conditions of
the noncompetitive service, | ||
service element, feature, or functionality.
The information | ||
shall be filed with the Commission concurrently with the
filing | ||
of the tariff or not more than 10 days following the customer's
| ||
acceptance of the offering in a contract. | ||
(c) A telecommunications carrier that is not subject to | ||
regulation under an alternative regulation plan pursuant to | ||
Section 13-506.1 of this Act may reduce the rate or charge for |
a noncompetitive service, service element, feature, or | ||
functionality offered to customers on a separate, stand-alone | ||
basis or as part of a bundled service offering by filing with | ||
the Commission a tariff that shows the reduced rate or charge | ||
and all applicable terms and conditions of the noncompetitive | ||
service, service element, feature, or functionality or bundled | ||
offering. The reduction of rates or charges shall be permitted | ||
upon the filing of the proposed rate, charge, classification, | ||
tariff, or bundled offering. The total price of a bundled | ||
offering shall not attribute any portion of the charge to | ||
services subject to the jurisdiction of the Commission and | ||
shall not be binding on the Commission in any proceeding under | ||
Article IX of this Act to set the revenue requirement or to set | ||
just and reasonable rates for services subject to the | ||
jurisdiction of the Commission. Prices for bundles shall not be | ||
subject to Section 13-505.1 of this Act. For purposes of this | ||
subsection (c), a bundle is a group of services offered | ||
together for a fixed price where at least one of the services | ||
is an interLATA service as that term is defined in 47 U.S.C. | ||
153(21), a cable service or a video service, a community | ||
antenna television service, a satellite broadcast service, a | ||
public mobile service as defined in Section 13-214 of this Act, | ||
or an advanced telecommunications service as "advanced | ||
telecommunications services" is defined in Section 13-517 of | ||
this Act.
| ||
(Source: P.A. 95-9, eff. 6-30-07 .)
|
(220 ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5)
| ||
Sec. 13-505.5. Requests for new noncompetitive services. | ||
Any party may
petition the Commission to request the provision | ||
of a noncompetitive
service not currently provided by a local | ||
exchange carrier within its
service territory. The Commission | ||
shall grant the petition, provided that
it can be demonstrated | ||
that the provisioning of the requested service is
technically | ||
and economically practicable considering demand for the
| ||
service, and absent a finding that provision of the service is | ||
otherwise
contrary to the public interest. The Commission shall | ||
render its decision
within 180 days after the filing of the | ||
petition unless extension of the
time period is agreed to by | ||
all the parties to the proceeding.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6)
| ||
Sec. 13-505.6. Unbundling of noncompetitive services. A
| ||
telecommunications carrier that provides both noncompetitive | ||
and
competitive telecommunications services shall provide all | ||
noncompetitive
telecommunications services on an unbundled | ||
basis to the same extent the
Federal Communications Commission | ||
requires that carrier to unbundle the
same services provided | ||
under its jurisdiction. The Illinois Commerce
Commission may | ||
require additional unbundling of noncompetitive
| ||
telecommunications services over which it has jurisdiction |
based on a
determination, after notice and hearing, that | ||
additional unbundling is in
the public interest and is | ||
consistent with the policy goals and other
provisions of this | ||
Act.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
| ||
Sec. 13-506.1. Alternative forms of regulation for | ||
noncompetitive services.
| ||
(a) Notwithstanding any of the ratemaking provisions of | ||
this Article or
Article IX that are deemed to require rate of | ||
return regulation, the
Commission may implement alternative | ||
forms of regulation in order to
establish just and reasonable | ||
rates for noncompetitive telecommunications
services | ||
including, but not limited to, price regulation, earnings | ||
sharing,
rate moratoria, or a network modernization plan. The | ||
Commission is
authorized to adopt different forms of regulation | ||
to fit the particular
characteristics of different | ||
telecommunications carriers and their service
areas.
| ||
In addition to the public policy goals declared in Section | ||
13-103, the
Commission shall consider, in determining the | ||
appropriateness of any
alternative form of regulation, whether | ||
it will:
| ||
(1) reduce regulatory delay and costs over time;
| ||
(2) encourage innovation in services;
| ||
(3) promote efficiency;
|
(4) facilitate the broad dissemination of technical | ||
improvements to
all classes of ratepayers;
| ||
(5) enhance economic development of the State; and
| ||
(6) provide for fair, just, and reasonable rates.
| ||
(b) A telecommunications carrier providing noncompetitive
| ||
telecommunications services may petition the Commission to | ||
regulate the
rates or charges of its noncompetitive services | ||
under an alternative form
of regulation. The | ||
telecommunications carrier shall submit with its
petition its | ||
plan for an alternative form of regulation. The Commission
| ||
shall review and may modify or reject the carrier's proposed | ||
plan. The
Commission also may initiate consideration of | ||
alternative
forms of regulation for a telecommunications | ||
carrier on its own motion.
The Commission may approve the plan | ||
or modified plan and authorize its
implementation only if it | ||
finds, after notice and hearing, that the plan or
modified plan | ||
at a minimum:
| ||
(1) is in the public interest;
| ||
(2) will produce fair, just, and reasonable rates for
| ||
telecommunications services;
| ||
(3) responds to changes in technology and the structure | ||
of the
telecommunications industry that are, in fact, | ||
occurring;
| ||
(4) constitutes a more appropriate form of regulation | ||
based on the
Commission's overall consideration of the | ||
policy goals set forth in
Section 13-103 and this Section;
|
(5) specifically identifies how ratepayers will | ||
benefit from any
efficiency gains, cost savings arising out | ||
of the regulatory change, and
improvements in productivity | ||
due to technological change;
| ||
(6) will maintain the quality and availability of | ||
telecommunications
services; and
| ||
(7) will not unduly or unreasonably prejudice or | ||
disadvantage any
particular customer class, including | ||
telecommunications carriers.
| ||
(c) An alternative regulation plan approved under this | ||
Section shall
provide, as a condition for Commission approval | ||
of the plan, that for the
first 3 years the plan is in effect, | ||
basic residence service rates shall be
no higher than those | ||
rates in effect 180 days before the filing of the
plan. This | ||
provision shall not be used as a justification or rationale for
| ||
an increase in basic service rates for any other customer | ||
class. For
purposes of this Section, "basic residence service | ||
rates" shall mean
monthly recurring charges for the | ||
telecommunications carrier's lowest
priced primary residence | ||
network access lines, along
with any associated untimed or flat | ||
rate local usage charges. Nothing in
this subsection (c) shall | ||
preclude the Commission from approving an
alternative | ||
regulation plan that results in rate reductions
provided all | ||
the requirements of subsection (b) are satisfied by the plan.
| ||
(d) Any alternative form of regulation granted for a | ||
multi-year period
under this Section shall provide for annual |
or more frequent reporting to
the Commission to document that | ||
the requirements of the plan are being
properly implemented.
| ||
(e) Upon petition by the telecommunications carrier or any | ||
other person
or upon its own motion, the Commission may rescind | ||
its approval of an
alternative form of regulation if, after | ||
notice and hearing, it finds that
the conditions set forth in | ||
subsection (b) of this Section can no longer be
satisfied. Any | ||
person may file a complaint alleging that the rates charged
by | ||
a telecommunications carrier under an alternative form of | ||
regulation are
unfair, unjust, unreasonable, unduly | ||
discriminatory, or are otherwise not
consistent with the | ||
requirements of this Article; provided, that the
complainant | ||
shall bear the burden of proving the allegations in the | ||
complaint.
| ||
(f) Nothing in this Section shall be construed to authorize | ||
the
Commission to render Sections 9-241, 9-250, and 13-505.2 | ||
inapplicable to
noncompetitive services.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-506.2) | ||
Sec. 13-506.2. Market regulation for competitive retail | ||
services. | ||
(a) Definitions. As used in this Section: | ||
(1) "Electing Provider" means a telecommunications | ||
carrier that is subject to either rate regulation pursuant | ||
to Section 13-504 or Section 13-505 or alternative |
regulation pursuant to Section 13-506.1 and that elects to | ||
have the rates, terms, and conditions of its competitive | ||
retail telecommunications services solely determined and | ||
regulated pursuant to the terms of this Article. | ||
(2) "Basic local exchange service" means either a | ||
stand-alone residence network access line and per-call | ||
usage or, for any geographic area in which such stand-alone | ||
service is not offered, a stand-alone flat rate residence | ||
network access line for which local calls are not charged | ||
for frequency or duration. Extended Area Service shall be | ||
included in basic local exchange service. | ||
(3) "Existing customer" means a residential customer | ||
who was subscribing to one of the optional packages | ||
described in subsection (d) of this Section as of the | ||
effective date of this amendatory Act of the 99th General | ||
Assembly. A customer who was subscribing to one of the | ||
optional packages on that date but stops subscribing | ||
thereafter shall not be considered an "existing customer" | ||
as of the date the customer stopped subscribing to the | ||
optional package, unless the stoppage is temporary and | ||
caused by the customer changing service address locations, | ||
or unless the customer resumes subscribing and is eligible | ||
to receive discounts on monthly telephone service under the | ||
federal Lifeline program, 47 C.F.R. Part 54, Subpart E. | ||
(4) "New customer" means a residential customer who was | ||
not subscribing to one of the optional packages described |
in subsection (d) of this Section as of the effective date | ||
of this amendatory Act of the 99th General Assembly and who | ||
is eligible to receive discounts on monthly telephone | ||
service under the federal Lifeline program, 47 C.F.R. Part | ||
54, Subpart E. | ||
(b) Election for market regulation.
Notwithstanding any | ||
other provision of this Act, an Electing Provider may elect to | ||
have the rates, terms, and conditions of its competitive retail | ||
telecommunications services solely determined and regulated | ||
pursuant to the terms of this Section by filing written notice | ||
of its election for market regulation with the Commission. The | ||
notice of election shall designate the geographic area of the | ||
Electing Provider's service territory where the market | ||
regulation shall apply, either on a state-wide basis or in one | ||
or more specified Market Service Areas ("MSA") or Exchange | ||
areas. An Electing Provider shall not make an election for | ||
market regulation under this Section unless it commits in its | ||
written notice of election for market regulation to fulfill the | ||
conditions and requirements in this Section in each geographic | ||
area in which market regulation is elected. Immediately upon | ||
filing the notice of election for market regulation, the | ||
Electing Provider shall be subject to the jurisdiction of the | ||
Commission to the extent expressly provided in this Section. | ||
(c) Competitive classification. Market regulation shall be | ||
available for competitive retail telecommunications services | ||
as provided in this subsection. |
(1) For geographic areas in which telecommunications | ||
services provided by the Electing Provider were classified | ||
as competitive either through legislative action or a | ||
tariff filing pursuant to Section 13-502 prior to January | ||
1, 2010, and that are included in the Electing Provider's | ||
notice of election pursuant to subsection (b) of this | ||
Section, such services, and all recurring and nonrecurring | ||
charges associated with, related to or used in connection | ||
with such services, shall be classified as competitive | ||
without further Commission review. For services classified | ||
as competitive pursuant to this subsection, the | ||
requirements or conditions in any order or decision | ||
rendered by the Commission pursuant to Section 13-502 prior | ||
to the effective date of this amendatory Act of the 96th | ||
General Assembly, except for the commitments made by the | ||
Electing Provider in such order or decision concerning the | ||
optional packages required in subsection (d) of this | ||
Section and basic local exchange service as defined in this | ||
Section, shall no longer be in effect and no Commission | ||
investigation, review, or proceeding under Section 13-502 | ||
shall be continued, conducted, or maintained with respect | ||
to such services, charges, requirements, or conditions. If | ||
an Electing Provider has ceased providing optional | ||
packages to customers pursuant to subdivision (d)(8) of | ||
this Section, the commitments made by the Electing Provider | ||
in such order or decision concerning the optional packages |
under subsection (d) of this Section shall no longer be in | ||
effect and no Commission investigation, review, or | ||
proceeding under Section 13-502 shall be continued, | ||
conducted, or maintained with respect to such packages. | ||
(2) For those geographic areas in which residential | ||
local exchange telecommunications services have not been | ||
classified as competitive as of the effective date of this | ||
amendatory Act of the 96th General Assembly, all | ||
telecommunications services provided to residential and | ||
business end users by an Electing Provider in the | ||
geographic area that is included in its notice of election | ||
pursuant to subsection (b) shall be classified as | ||
competitive for purposes of this Article without further | ||
Commission review. | ||
(3) If an Electing Provider was previously subject to | ||
alternative regulation pursuant to Section 13-506.1 of | ||
this Article, the alternative regulation plan shall | ||
terminate in whole for all services subject to that plan | ||
and be of no force or effect, without further Commission | ||
review or action, when the Electing Provider's residential | ||
local exchange telecommunications service in each MSA in | ||
its telecommunications service area in the State has been | ||
classified as competitive pursuant to either subdivision | ||
(c)(1) or (c)(2) of this Section. | ||
(4) The service packages described in Section 13-518 | ||
shall be classified as competitive for purposes of this |
Section if offered by an Electing Provider in a geographic | ||
area in which local exchange telecommunications service | ||
has been classified as competitive pursuant to either | ||
subdivision (c)(1) or (c)(2) of this Section. | ||
(5) Where a service, or its functional equivalent, or a | ||
substitute service offered by a carrier that is not an | ||
Electing Provider or the incumbent local exchange carrier | ||
for that area is also being offered by an Electing Provider | ||
for some identifiable class or group of customers in an | ||
exchange, group of exchanges, or some other clearly defined | ||
geographical area, the service offered by a carrier that is | ||
not an Electing Provider or the incumbent local exchange | ||
carrier for that area shall be classified as competitive | ||
without further Commission review. | ||
(6) Notwithstanding any other provision of this Act, | ||
retail telecommunications services classified as | ||
competitive pursuant to Section 13-502 or subdivision | ||
(c)(5) of this Section shall have their rates, terms, and | ||
conditions solely determined and regulated pursuant to the | ||
terms of this Section in the same manner and to the same | ||
extent as the competitive retail telecommunications | ||
services of an Electing Provider, except that subsections | ||
(d), (g), and (j) of this Section shall not apply to a | ||
carrier that is not an Electing Provider or to the | ||
competitive telecommunications services of a carrier that | ||
is not an Electing Provider. The access services of a |
carrier that is not an Electing Provider shall remain | ||
subject to Section 13-900.2. The requirements in | ||
subdivision (e)(3) of this Section shall not apply to | ||
retail telecommunications services classified as | ||
competitive pursuant to Section 13-502 or subdivision | ||
(c)(5) of this Section, except that, upon request from the | ||
Commission, the telecommunications carrier providing | ||
competitive retail telecommunications services shall | ||
provide a report showing the number of credits and | ||
exemptions for the requested time period. | ||
(d) Consumer choice safe harbor options. | ||
(1) Subject to subdivision (d)(8) of this Section, an | ||
Electing Provider in each of the MSA or Exchange areas | ||
classified as competitive pursuant to subdivision (c)(1) | ||
or (c)(2) of this Section shall offer to all residential | ||
customers who choose to subscribe the following optional | ||
packages of services priced at the same rate levels in | ||
effect on January 1, 2010: | ||
(A) A basic package, which shall consist of a | ||
stand-alone residential network access line and 30 | ||
local calls. If the Electing Provider offers a | ||
stand-alone residential access line and local usage on | ||
a per call basis, the price for the basic package shall | ||
be the Electing Provider's applicable price in effect | ||
on January 1, 2010 for the sum of a residential access | ||
line and 30 local calls, additional calls over 30 calls |
shall be provided at the current per call rate. | ||
However, this basic package is not required if | ||
stand-alone residential network access lines or | ||
per-call local usage are not offered by the Electing | ||
Provider in the geographic area on January 1, 2010 or | ||
if the Electing Provider has not increased its | ||
stand-alone network access line and local usage rates, | ||
including Extended Area Service rates, since January | ||
1, 2010. | ||
(B) An extra package, which shall consist of | ||
residential basic local exchange network access line | ||
and unlimited local calls. The price for the extra | ||
package shall be the Electing Provider's applicable | ||
price in effect on January 1, 2010 for a residential | ||
access line with unlimited local calls. | ||
(C) A plus package, which shall consist of | ||
residential basic local exchange network access line, | ||
unlimited local calls, and the customer's choice of 2 | ||
vertical services offered by the Electing Provider. | ||
The term "vertical services" as used in this | ||
subsection, includes, but is not limited to, call | ||
waiting, call forwarding, 3-way calling, caller ID, | ||
call tracing, automatic callback, repeat dialing, and | ||
voicemail. The price for the plus package shall be the | ||
Electing Provider's applicable price in effect on | ||
January 1, 2010 for the sum of a residential access |
line with unlimited local calls and 2 times the average | ||
price for the vertical features included in the | ||
package. | ||
(2) Subject to subdivision (d)(8) of this Section, for | ||
those geographic areas in which local exchange | ||
telecommunications services were classified as competitive | ||
on the effective date of this amendatory Act of the 96th | ||
General Assembly, an Electing Provider in each such MSA or | ||
Exchange area shall be subject to the same terms and | ||
conditions as provided in commitments made by the Electing | ||
Provider in connection with such previous competitive | ||
classifications, which shall apply with equal force under | ||
this Section, except as follows: (i) the limits on price | ||
increases on the optional packages required by this Section | ||
shall be extended consistent with subsection (d)(1) of this | ||
Section and (ii) the price for the extra package required | ||
by subsection (d)(1)(B) shall be reduced by one dollar from | ||
the price in effect on January 1, 2010. In addition, if an | ||
Electing Provider obtains a competitive classification | ||
pursuant to subsection (c)(1) and (c)(2), the price for the | ||
optional packages shall be determined in such area in | ||
compliance with subsection (d)(1), except the price for the | ||
plus package required by subsection (d)(1) (C) shall be the | ||
lower of the price for such area or the price of the plus | ||
package in effect on January 1, 2010 for areas classified | ||
as competitive pursuant to subsection (c)(1). |
(3) To the extent that the requirements in Section | ||
13-518 applied to a telecommunications carrier prior to the | ||
effective date of this Section and that telecommunications | ||
carrier becomes an Electing Provider in accordance with the | ||
provisions of this Section, the requirements in Section | ||
13-518 shall cease to apply to that Electing Provider in | ||
those geographic areas included in the Electing Provider's | ||
notice of election pursuant to subsection (b) of this | ||
Section. | ||
(4) Subject to subdivision (d)(8) of this Section, an | ||
Electing Provider shall make the optional packages | ||
required by this subsection and stand-alone residential | ||
network access lines and local usage, where offered, | ||
readily available to the public by providing information, | ||
in a clear manner, to residential customers. Information | ||
shall be made available on a website, and an Electing | ||
Provider shall provide notification to its customers every | ||
6 months, provided that notification may consist of a bill | ||
page message that provides an objective description of the | ||
safe harbor options that includes a telephone number and | ||
website address where the customer may obtain additional | ||
information about the packages from the Electing Provider. | ||
The optional packages shall be offered on a monthly basis | ||
with no term of service requirement. An Electing Provider | ||
shall allow online electronic ordering of the optional | ||
packages and stand-alone residential network access lines |
and local usage, where offered, on its website in a manner | ||
similar to the online electronic ordering of its other | ||
residential services. | ||
(5) Subject to subdivision (d)(8) of this Section, an | ||
Electing Provider shall comply with the Commission's | ||
existing rules, regulations, and notices in Title 83, Part | ||
735 of the Illinois Administrative Code when offering or | ||
providing the optional packages required by this | ||
subsection (d) and stand-alone residential network access | ||
lines. | ||
(6) Subject to subdivision (d)(8) of this Section, an | ||
Electing Provider shall provide to the Commission | ||
semi-annual subscribership reports as of June 30 and | ||
December 31 that contain the number of its customers | ||
subscribing to each of the consumer choice safe harbor | ||
packages required by subsection (d)(1) of this Section and | ||
the number of its customers subscribing to retail | ||
residential basic local exchange service as defined in | ||
subsection (a)(2) of this Section. The first semi-annual | ||
reports shall be made on April 1, 2011 for December 31, | ||
2010, and on September 1, 2011 for June 30, 2011, and | ||
semi-annually on April 1 and September 1 thereafter. Such | ||
subscribership information shall be accorded confidential | ||
and proprietary treatment upon request by the Electing | ||
Provider. | ||
(7) The Commission shall have the power, after notice |
and hearing as provided in this Article, upon complaint or | ||
upon its own motion, to take corrective action if the | ||
requirements of this Section are not complied with by an | ||
Electing Provider. | ||
(8) On and after the effective date of this amendatory | ||
Act of the 99th General Assembly, an Electing Provider | ||
shall continue to offer and provide the optional packages | ||
described in this subsection (d) to existing customers and | ||
new customers. On and after July 1, 2017, an Electing | ||
Provider may immediately stop offering the optional | ||
packages described in this subsection (d) and, upon | ||
providing two notices to affected customers and to the | ||
Commission, may stop providing the optional packages | ||
described in this subsection (d) to all customers who | ||
subscribe to one of the optional packages. The first notice | ||
shall be provided at least 90 days before the date upon | ||
which the Electing Provider intends to stop providing the | ||
optional packages, and the second notice must be provided | ||
at least 30 days before that date. The first notice shall | ||
not be provided prior to July 1, 2017. Each notice must | ||
identify the date on which the Electing Provider intends to | ||
stop providing the optional packages, at least one | ||
alternative service available to the customer, and a | ||
telephone number by which the customer may contact a | ||
service representative of the Electing Provider. After | ||
July 1, 2017 with respect to new customers, and upon the |
expiration of the second notice period with respect to | ||
customers who were subscribing to one of the optional | ||
packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5), | ||
(d)(6), and (d)(7) of this Section shall not apply to the | ||
Electing Provider. Notwithstanding any other provision of | ||
this Article, an Electing Provider that has ceased | ||
providing the optional packages under this subdivision | ||
(d)(8) is not subject to Section 13-301(1)(c) of this Act. | ||
Notwithstanding any other provision of this Act, and | ||
subject to subdivision (d)(7) of this Section, the | ||
Commission's authority over the discontinuance of the | ||
optional packages described in this subsection (d) by an | ||
Electing Provider shall be governed solely by this | ||
subsection (d)(8). | ||
(e) Service quality and customer credits for basic local | ||
exchange service. | ||
(1) An Electing Provider shall meet the following | ||
service quality standards in providing basic local | ||
exchange service, which for purposes of this subsection | ||
(e), includes both basic local exchange service and any | ||
consumer choice safe harbor options that may be required by | ||
subsection (d) of this Section. | ||
(A) Install basic local exchange service within 5 | ||
business days after receipt of an order from the | ||
customer unless the customer requests an installation | ||
date that is beyond 5 business days after placing the |
order for basic service and to inform the customer of | ||
the Electing Provider's duty to install service within | ||
this timeframe. If installation of service is | ||
requested on or by a date more than 5 business days in | ||
the future, the Electing Provider shall install | ||
service by the date requested. | ||
(B) Restore basic local exchange service for the | ||
customer within 30 hours after receiving notice that | ||
the customer is out of service. | ||
(C) Keep all repair and installation appointments | ||
for basic local exchange service if a customer premises | ||
visit requires a customer to be present. The | ||
appointment window shall be either a specific time or, | ||
at a maximum, a 4-hour time block during evening, | ||
weekend, and normal business hours. | ||
(D) Inform a customer when a repair or installation | ||
appointment requires the customer to be present. | ||
(2) Customers shall be credited by the Electing | ||
Provider for violations of basic local exchange service | ||
quality standards described in subdivision (e)(1) of this | ||
Section. The credits shall be applied automatically on the | ||
statement issued to the customer for the next monthly | ||
billing cycle following the violation or following the | ||
discovery of the violation. The next monthly billing cycle | ||
following the violation or the discovery of the violation | ||
means the billing cycle immediately following the billing |
cycle in process at the time of the violation or discovery | ||
of the violation, provided the total time between the | ||
violation or discovery of the violation and the issuance of | ||
the credit shall not exceed 60 calendar days. The Electing | ||
Provider is responsible for providing the credits and the | ||
customer is under no obligation to request such credits. | ||
The following credits shall apply: | ||
(A) If an Electing Provider fails to repair an | ||
out-of-service condition for basic local exchange | ||
service within 30 hours, the Electing Provider shall | ||
provide a credit to the customer. If the service | ||
disruption is for more than 30 hours, but not more than | ||
48 hours, the credit must be equal to a pro-rata | ||
portion of the monthly recurring charges for all basic | ||
local exchange services disrupted. If the service | ||
disruption is for more than 48 hours, but not more than | ||
72 hours, the credit must be equal to at least 33% of | ||
one month's recurring charges for all local services | ||
disrupted. If the service disruption is for more than | ||
72 hours, but not more than 96 hours, the credit must | ||
be equal to at least 67% of one month's recurring | ||
charges for all basic local exchange services | ||
disrupted. If the service disruption is for more than | ||
96 hours, but not more than 120 hours, the credit must | ||
be equal to one month's recurring charges for all basic | ||
local exchange services disrupted. For each day or |
portion thereof that the service disruption continues | ||
beyond the initial 120-hour period, the Electing | ||
Provider shall also provide an additional credit of $20 | ||
per calendar day. | ||
(B) If an Electing Provider fails to install basic | ||
local exchange service as required under subdivision | ||
(e)(1) of this Section, the Electing Provider shall | ||
waive 50% of any installation charges, or in the | ||
absence of an installation charge or where | ||
installation is pursuant to the Link Up program, the | ||
Electing Provider shall provide a credit of $25. If an | ||
Electing Provider fails to install service within 10 | ||
business days after the service application is placed, | ||
or fails to install service within 5 business days | ||
after the customer's requested installation date, if | ||
the requested date was more than 5 business days after | ||
the date of the order, the Electing Provider shall | ||
waive 100% of the installation charge, or in the | ||
absence of an installation charge or where | ||
installation is provided pursuant to the Link Up | ||
program, the Electing Provider shall provide a credit | ||
of $50. For each day that the failure to install | ||
service continues beyond the initial 10 business days, | ||
or beyond 5 business days after the customer's | ||
requested installation date, if the requested date was | ||
more than 5 business days after the date of the order, |
the Electing Provider shall also provide an additional | ||
credit of $20 per calendar day until the basic local | ||
exchange service is installed. | ||
(C) If an Electing Provider fails to keep a | ||
scheduled repair or installation appointment when a | ||
customer premises visit requires a customer to be | ||
present as required under subdivision (e)(1) of this | ||
Section, the Electing Provider shall credit the | ||
customer $25 per missed appointment. A credit required | ||
by this subdivision does not apply when the Electing | ||
Provider provides the customer notice of its inability | ||
to keep the appointment no later than 8:00 pm of the | ||
day prior to the scheduled date of the appointment. | ||
(D) Credits required by this subsection do not | ||
apply if the violation of a service quality standard: | ||
(i) occurs as a result of a negligent or | ||
willful act on the part of the customer; | ||
(ii) occurs as a result of a malfunction of | ||
customer-owned telephone equipment or inside | ||
wiring; | ||
(iii) occurs as a result of, or is extended by, | ||
an emergency situation as defined in 83 Ill. Adm. | ||
Code 732.10; | ||
(iv) is extended by the Electing Provider's | ||
inability to gain access to the customer's | ||
premises due to the customer missing an |
appointment, provided that the violation is not | ||
further extended by the Electing Provider; | ||
(v) occurs as a result of a customer request to | ||
change the scheduled appointment, provided that | ||
the violation is not further extended by the | ||
Electing Provider; | ||
(vi) occurs as a result of an Electing | ||
Provider's right to refuse service to a customer as | ||
provided in Commission rules; or | ||
(vii) occurs as a result of a lack of | ||
facilities where a customer requests service at a | ||
geographically remote location, where a customer | ||
requests service in a geographic area where the | ||
Electing Provider is not currently offering | ||
service, or where there are insufficient | ||
facilities to meet the customer's request for | ||
service, subject to an Electing Provider's | ||
obligation for reasonable facilities planning. | ||
(3) Each Electing Provider shall provide to the | ||
Commission on a quarterly basis and in a form suitable for | ||
posting on the Commission's website in conformance with the | ||
rules adopted by the Commission and in effect on April 1, | ||
2010, a public report that includes the following data for | ||
basic local exchange service quality of service: | ||
(A) With regard to credits due in accordance with | ||
subdivision (e)(2)(A) as a result of out-of-service |
conditions lasting more than 30 hours: | ||
(i) the total dollar amount of any customer | ||
credits paid; | ||
(ii) the number of credits issued for repairs | ||
between 30 and 48 hours; | ||
(iii) the number of credits issued for repairs | ||
between 49 and 72 hours; | ||
(iv) the number of credits issued for repairs | ||
between 73 and 96 hours; | ||
(v) the number of credits used for repairs | ||
between 97 and 120 hours; | ||
(vi) the number of credits issued for repairs | ||
greater than 120 hours; and | ||
(vii) the number of exemptions claimed for | ||
each of the categories identified in subdivision | ||
(e)(2)(D). | ||
(B) With regard to credits due in accordance with | ||
subdivision (e)(2)(B) as a result of failure to install | ||
basic local exchange service: | ||
(i) the total dollar amount of any customer | ||
credits paid; | ||
(ii) the number of installations after 5 | ||
business days; | ||
(iii) the number of installations after 10 | ||
business days; | ||
(iv) the number of installations after 11 |
business days; and | ||
(v) the number of exemptions claimed for each | ||
of the categories identified in subdivision | ||
(e)(2)(D). | ||
(C) With regard to credits due in accordance with | ||
subdivision (e)(2)(C) as a result of missed | ||
appointments: | ||
(i) the total dollar amount of any customer | ||
credits paid; | ||
(ii) the number of any customers receiving | ||
credits; and | ||
(iii) the number of exemptions claimed for | ||
each of the categories identified in subdivision | ||
(e)(2)(D). | ||
(D) The Electing Provider's annual report required | ||
by this subsection shall also include, for | ||
informational reporting, the performance data | ||
described in subdivisions (e)(2)(A), (e)(2)(B), and | ||
(e)(2)(C), and trouble reports per 100 access lines | ||
calculated using the Commission's existing applicable | ||
rules and regulations for such measures, including the | ||
requirements for service standards established in this | ||
Section. | ||
(4) It is the intent of the General Assembly that the | ||
service quality rules and customer credits in this | ||
subsection (e) of this Section and other enforcement |
mechanisms, including fines and penalties authorized by | ||
Section 13-305, shall apply on a nondiscriminatory basis to | ||
all Electing Providers. Accordingly, notwithstanding any | ||
provision of any service quality rules promulgated by the | ||
Commission, any alternative regulation plan adopted by the | ||
Commission, or any other order of the Commission, any | ||
Electing Provider that is subject to any other order of the | ||
Commission and that violates or fails to comply with the | ||
service quality standards promulgated pursuant to this | ||
subsection (e) or any other order of the Commission shall | ||
not be subject to any fines, penalties, customer credits, | ||
or enforcement mechanisms other than such fines or | ||
penalties or customer credits as may be imposed by the | ||
Commission in accordance with the provisions of this | ||
subsection (e) and Section 13-305, which are to be | ||
generally applicable to all Electing Providers. The amount | ||
of any fines or penalties imposed by the Commission for | ||
failure to comply with the requirements of this subsection | ||
(e) shall be an appropriate amount, taking into account, at | ||
a minimum, the Electing Provider's gross annual intrastate | ||
revenue; the frequency, duration, and recurrence of the | ||
violation; and the relative harm caused to the affected | ||
customers or other users of the network. In imposing fines | ||
and penalties, the Commission shall take into account | ||
compensation or credits paid by the Electing Provider to | ||
its customers pursuant to this subsection (e) in |
compensation for any violation found pursuant to this | ||
subsection (e), and in any event the fine or penalty shall | ||
not exceed an amount equal to the maximum amount of a civil | ||
penalty that may be imposed under Section 13-305. | ||
(5) An Electing Provider in each of the MSA or Exchange | ||
areas classified as competitive pursuant to subsection (c) | ||
of this Section shall fulfill the requirements in | ||
subdivision (e)(3) of this Section for 3 years after its | ||
notice of election becomes effective. After such 3 years, | ||
the requirements in subdivision (e)(3) of this Section | ||
shall not apply to such Electing Provider, except that, | ||
upon request from the Commission, the Electing Provider | ||
shall provide a report showing the number of credits and | ||
exemptions for the requested time period. | ||
(f) Commission jurisdiction over competitive retail | ||
telecommunications services. Except as otherwise expressly | ||
stated in this Section, the Commission shall thereafter have no | ||
jurisdiction or authority over any aspect of competitive retail | ||
telecommunications service of an Electing Provider in those | ||
geographic areas included in the Electing Provider's notice of | ||
election pursuant to subsection (b) of this Section or of a | ||
retail telecommunications service classified as competitive | ||
pursuant to Section 13-502 or subdivision (c)(5) of this | ||
Section, heretofore subject to the jurisdiction of the | ||
Commission, including but not limited to, any requirements of | ||
this Article related to the terms, conditions, rates, quality |
of service, availability, classification or any other aspect of | ||
any competitive retail telecommunications services. No | ||
telecommunications carrier shall commit any unfair or | ||
deceptive act or practice in connection with any aspect of the | ||
offering or provision of any competitive retail | ||
telecommunications service. Nothing in this Article shall | ||
limit or affect any provisions in the Consumer Fraud and | ||
Deceptive Business Practices Act with respect to any unfair or | ||
deceptive act or practice by a telecommunications carrier. | ||
(g) Commission authority over access services upon | ||
election for market regulation. | ||
(1) As part of its Notice of Election for Market | ||
Regulation, the Electing Provider shall reduce its | ||
intrastate switched access rates to rates no higher than | ||
its interstate switched access rates in 4 installments. The | ||
first reduction must be made 30 days after submission of | ||
its complete application for Notice of Election for Market | ||
Regulation, and the Electing Provider must reduce its | ||
intrastate switched access rates by an amount equal to 33% | ||
of the difference between its current intrastate switched | ||
access rates and its current interstate switched access | ||
rates. The second reduction must be made no later than one | ||
year after the first reduction, and the Electing Provider | ||
must reduce its then current intrastate switched access | ||
rates by an amount equal to 41% of the difference between | ||
its then current intrastate switched access rates and its |
then current interstate switched access rates. The third | ||
reduction must be made no later than one year after the | ||
second reduction, and the Electing Provider must reduce its | ||
then current intrastate switched access rates by an amount | ||
equal to 50% of the difference between its then current | ||
intrastate switched access rate and its then current | ||
interstate switched access rates. The fourth reduction | ||
must be made on or before June 30, 2013, and the Electing | ||
Provider must reduce its intrastate switched access rate to | ||
mirror its then current interstate switched access rates | ||
and rate structure. Following the fourth reduction, each | ||
Electing Provider must continue to set its intrastate | ||
switched access rates to mirror its interstate switched | ||
access rates and rate structure. For purposes of this | ||
subsection, the rate for intrastate switched access | ||
service means the composite, per-minute rate for that | ||
service, including all applicable fixed and | ||
traffic-sensitive charges, including, but not limited to, | ||
carrier common line charges. | ||
(2) Nothing in paragraph (1) of this subsection (g) | ||
prohibits an Electing Provider from electing to offer | ||
intrastate switched access service at rates lower than its | ||
interstate switched access rates. | ||
(3) The Commission shall have no authority to order an | ||
Electing Provider to set its rates for intrastate switched | ||
access at a level lower than its interstate switched access |
rates. | ||
(4) The Commission's authority under this subsection | ||
(g) shall only apply to Electing Providers under Market | ||
Regulation. The Commission's authority over switched | ||
access services for all other carriers is retained under | ||
Section 13-900.2 of this Act. | ||
(h) Safety of service equipment and facilities. | ||
(1) An Electing Provider shall furnish, provide, and | ||
maintain such service instrumentalities, equipment, and | ||
facilities as shall promote the safety, health, comfort, | ||
and convenience of its patrons, employees, and public and | ||
as shall be in all respects adequate, reliable, and | ||
efficient without discrimination or delay. Every Electing | ||
Provider shall provide service and facilities that are in | ||
all respects environmentally safe. | ||
(2) The Commission is authorized to conduct an | ||
investigation of any Electing Provider or part thereof. The | ||
investigation may examine the reasonableness, prudence, or | ||
efficiency of any aspect of the Electing Provider's | ||
operations or functions that may affect the adequacy, | ||
safety, efficiency, or reliability of telecommunications | ||
service. The Commission may conduct or order an | ||
investigation only when it has reasonable grounds to | ||
believe that the investigation is necessary to assure that | ||
the Electing Provider is providing adequate, efficient, | ||
reliable, and safe service. The Commission shall, before |
initiating any such investigation, issue an order | ||
describing the grounds for the investigation and the | ||
appropriate scope and nature of the investigation, which | ||
shall be reasonably related to the grounds relied upon by | ||
the Commission in its order. | ||
(i) (Blank). | ||
(j) Application of Article VII. The provisions of Sections | ||
7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are | ||
applicable to an Electing Provider offering or providing retail | ||
telecommunications service, and the Commission's regulation | ||
thereof, except that (1) the approval of contracts and | ||
arrangements with affiliated interests required by paragraph | ||
(3) of Section 7-101 shall not apply to such telecommunications | ||
carriers provided that, except as provided in item (2), those | ||
contracts and arrangements shall be filed with the Commission; | ||
(2) affiliated interest contracts or arrangements entered into | ||
by such telecommunications carriers where the increased | ||
obligation thereunder does not exceed the lesser of $5,000,000 | ||
or 5% of such carrier's prior annual revenue from | ||
noncompetitive services are not required to be filed with the | ||
Commission; and (3) any consent and approval of the Commission | ||
required by Section 7-102 is not required for the sale, lease, | ||
assignment, or transfer by any Electing Provider of any | ||
property that is not necessary or useful in the performance of | ||
its duties to the public. | ||
(k) Notwithstanding other provisions of this Section, the |
Commission retains its existing authority to enforce the | ||
provisions, conditions, and requirements of the following | ||
Sections of this Article: 13-101, 13-103, 13-201, 13-301, | ||
13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, | ||
13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, | ||
13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503, | ||
13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, | ||
13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, | ||
13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, | ||
13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully | ||
and equally applicable to Electing Providers and to | ||
telecommunications carriers providing retail | ||
telecommunications service classified as competitive pursuant | ||
to Section 13-502 or subdivision (c)(5) of this Section subject | ||
to the provisions of this Section. On the effective date of | ||
this amendatory Act of the 98th General Assembly, the following | ||
Sections of this Article shall cease to apply to Electing | ||
Providers and to telecommunications carriers providing retail | ||
telecommunications service classified as competitive pursuant | ||
to Section 13-502 or subdivision (c)(5) of this Section: | ||
13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2, | ||
13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507, | ||
13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701, | ||
and 13-712.
| ||
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
|
(220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)
| ||
Sec. 13-507.
In any proceeding permitting, approving, | ||
investigating, or
establishing rates, charges, | ||
classifications, or tariffs for
telecommunications services | ||
offered or provided by a telecommunications
carrier that offers | ||
or provides both noncompetitive and competitive
services, the | ||
Commission shall not allow any subsidy of competitive
services | ||
or nonregulated activities by noncompetitive services. In the
| ||
event that facilities are utilized or expenses are incurred for | ||
the
provision of both competitive and noncompetitive services, | ||
the Commission
shall apportion the facilities and expenses | ||
between noncompetitive services
in the aggregate and | ||
competitive services in the aggregate and shall allow or
| ||
establish rates or charges for the noncompetitive services | ||
which reflect
only that portion of the facilities or expenses | ||
that it finds to be
properly and reasonably apportioned to | ||
noncompetitive services. An
apportionment of facilities or | ||
expenses between competitive and
noncompetitive services, | ||
together with any corresponding rate changes,
shall be made in | ||
general rate proceedings and in other proceedings,
including | ||
service classification proceedings, that are necessary to | ||
ensure
against any subsidy of competitive services by | ||
noncompetitive services. The
Commission shall have the power to | ||
take or require such action as is
necessary to ensure that | ||
rates or charges for noncompetitive services
reflect only the | ||
value of facilities, or portion thereof, used and useful,
and |
the expenses or portion thereof reasonably and prudently | ||
incurred, for
the provision of the noncompetitive services. The | ||
Commission may, in such
event, also establish, by rule, any | ||
additional procedures, rules,
regulations, or mechanisms | ||
necessary to identify and properly account for
the value or | ||
amount of such facilities or expenses.
| ||
The Commission may establish, by rule, appropriate methods | ||
for ensuring
against cross-subsidization between competitive | ||
services and noncompetitive
services as required under this | ||
Article, including appropriate methods for
calculating the | ||
long-run service incremental costs of providing any
| ||
telecommunications service and, when appropriate, group of | ||
services and
methods for apportioning between noncompetitive | ||
services in the aggregate
and competitive services in the | ||
aggregate the value of facilities utilized
and expenses | ||
incurred to provide both competitive and noncompetitive
| ||
services, for example, common overheads that are not accounted | ||
for in the
long-run service incremental costs of individual | ||
services or groups of
services. The Commission may order any | ||
telecommunications carrier to
conduct a long-run service | ||
incremental cost study and to provide the
results thereof to | ||
the Commission. Any cost study provided to the
Commission | ||
pursuant to the provisions of this Section may, in the
| ||
Commission's discretion, be accorded proprietary treatment. In | ||
addition to
the requirements of subsection (c) of Section | ||
13-502 and of Section
13-505.1 applicable to the rates and |
charges for individual competitive
services, the aggregate | ||
gross revenues of all competitive services shall be
equal to or | ||
greater than the sum of the long-run service incremental costs
| ||
for all competitive services as a group and the value of
other | ||
facilities and expenses apportioned to competitive services as | ||
a
group under this Section.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-507.1) | ||
Sec. 13-507.1. In any proceeding permitting, approving, | ||
investigating, or establishing rates, charges, | ||
classifications, or tariffs for telecommunications services | ||
classified as noncompetitive offered or provided by an | ||
incumbent local exchange carrier as that term is defined in | ||
Section 13-202.1 of this
Act, the Commission shall not allow | ||
any subsidy of Internet services, cable services, or video | ||
services by the rates or charges for local exchange | ||
telecommunications services, including local services | ||
classified as noncompetitive.
| ||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .)
| ||
(220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
| ||
Sec. 13-508.
The Commission is authorized, after notice and | ||
hearing, to
order a telecommunications carrier which offers or | ||
provides both
competitive and noncompetitive | ||
telecommunications service to establish a
fully separated |
subsidiary to provide all or part of such competitive
service | ||
where:
| ||
(a) no less costly means is available and effective in | ||
fully and
properly identifying and allocating costs between | ||
such carrier's competitive
and noncompetitive | ||
telecommunications services; and
| ||
(b) the incremental cost of establishing and maintaining | ||
such subsidiary
would not require increases in rates or charges | ||
to levels which would
effectively preclude the offer or | ||
provision of the affected competitive
telecommunications | ||
service.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-508.1) (from Ch. 111 2/3, par. 13-508.1)
| ||
Sec. 13-508.1.
Separate subsidiary requirement for certain | ||
electronic
publishing. A telecommunications carrier
that | ||
offers or provides both competitive and noncompetitive | ||
services shall
not provide (1) electronically published news, | ||
feature, or entertainment
material of the type generally | ||
published in newspapers, or (2) electronic
advertising | ||
services, except through a fully separated subsidiary;
| ||
provided, however, that a telecommunications carrier shall be | ||
allowed to
resell, without editing the content, news, feature, | ||
or entertainment
material of the type generally published in | ||
newspapers that it purchases
from an unaffiliated entity or | ||
from a separate subsidiary to the extent the
separate |
subsidiary makes that material available to all other persons
| ||
under the same rates, terms, and conditions. Nothing in this | ||
Section shall
prohibit a telecommunications carrier from | ||
electronic advertising of its
own regulated services or from | ||
providing tariffed telecommunications
services to a separate | ||
subsidiary or an unaffiliated entity that provides
| ||
electronically published news, feature, or entertainment | ||
material or
electronic advertising services.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
| ||
Sec. 13-509. Agreements for provisions of competitive | ||
telecommunications
services differing from tariffs or written | ||
service offerings. A telecommunications carrier may negotiate
| ||
with customers or
prospective customers to provide competitive | ||
telecommunications service, and in
so
doing, may offer or agree | ||
to provide such service on such terms and for
such rates or | ||
charges as are reasonable, without regard to any
tariffs
it may | ||
have filed with the Commission or written service offerings | ||
posted on the telecommunications carrier's website pursuant to | ||
Section 13-501(c) of this Act with respect to
such services. | ||
Upon request of the Commission,
the telecommunications carrier | ||
shall submit to the Commission written
notice of a list of any | ||
such agreements (which list may be filed
electronically) within | ||
the past year. The notice shall identify the general nature
of | ||
all such agreements. A copy of each such
agreement shall be |
provided to the Commission
within 10 business days after a | ||
request for review of the agreement is made by
the Commission | ||
or is made to the Commission
by another telecommunications | ||
carrier or by a party to such agreement.
| ||
Any agreement or notice entered into or submitted pursuant | ||
to the
provisions of this Section may, in the Commission's | ||
discretion, be accorded
proprietary treatment.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-510) (from Ch. 111 2/3, par. 13-510)
| ||
Sec. 13-510. Compensation of payphone providers. Any | ||
telecommunications
carrier using the facilities or services of | ||
a payphone
provider shall pay the provider just and reasonable | ||
compensation for the use
of those facilities or services to | ||
complete billable operator services
calls and for any other use | ||
that the Commission determines appropriate
consistent with the | ||
provisions of this Act. The compensation shall be
determined by | ||
the Commission subject to the provisions of this Act. This
| ||
Section shall not apply to the extent a telecommunications | ||
carrier and a
payphone provider have reached their own written | ||
compensation agreement.
| ||
(Source: P.A. 87-856 .)
| ||
(220 ILCS 5/13-512)
| ||
Sec. 13-512. Rules; review. The Commission shall have | ||
general rulemaking
authority to make rules necessary to enforce |
this Article. However, not later
than 270 days after the | ||
effective date of this amendatory Act of 1997, and
every 2 | ||
years thereafter, the Commission shall review all rules issued | ||
under
this Article that apply to the operations or activities | ||
of any
telecommunications carrier. The Commission shall, after | ||
notice and hearing,
repeal or modify any rule it determines to | ||
be no longer in the public interest
as the result of the | ||
reasonable availability of competitive telecommunications
| ||
services.
| ||
(Source: P.A. 90-185, eff. 7-23-97 .)
| ||
(220 ILCS 5/13-513)
| ||
Sec. 13-513. Waiver of rules. A telecommunications carrier | ||
may petition
for waiver of the application of a rule issued | ||
pursuant to this Act. The
burden of proof in establishing the | ||
right to a waiver shall be upon the
petitioner. The petition | ||
shall include a demonstration that the waiver would
not harm | ||
consumers and would not impede the development or operation of | ||
a
competitive market. Upon such demonstration, the Commission | ||
may waive the
application of a rule, but not the application of | ||
a provision of this Act. The
Commission may conduct an | ||
investigation of the petition on its own motion or at
the | ||
request of a potentially affected person. If no investigation | ||
is
conducted, the waiver shall be deemed granted 30 days after | ||
the petition is
filed.
| ||
(Source: P.A. 90-185, eff. 7-23-97 .)
|
(220 ILCS 5/13-514)
| ||
Sec. 13-514. Prohibited actions of telecommunications | ||
carriers. A
telecommunications carrier shall not knowingly | ||
impede the
development of competition in any | ||
telecommunications service
market. The following prohibited | ||
actions are considered per se impediments to
the
development of | ||
competition; however, the Commission is not limited in any
| ||
manner to these enumerated impediments and may consider other | ||
actions which
impede competition to be prohibited:
| ||
(1) unreasonably refusing or delaying interconnections | ||
or collocation or
providing inferior
connections to | ||
another telecommunications carrier;
| ||
(2) unreasonably impairing the speed, quality, or | ||
efficiency of services
used
by another telecommunications | ||
carrier;
| ||
(3) unreasonably denying a request of another provider | ||
for
information regarding the technical design and | ||
features,
geographic coverage, information necessary for | ||
the design of equipment, and
traffic capabilities of the | ||
local
exchange network except for proprietary information | ||
unless such information is
subject to a proprietary | ||
agreement or protective order;
| ||
(4) unreasonably delaying access in connecting another | ||
telecommunications
carrier to the local exchange network | ||
whose product or service requires novel
or specialized
|
access requirements;
| ||
(5) unreasonably refusing or delaying access by any | ||
person to another
telecommunications carrier;
| ||
(6) unreasonably acting or failing to act in a manner | ||
that has a substantial
adverse effect on the ability of | ||
another telecommunications
carrier to provide service to | ||
its customers;
| ||
(7) unreasonably failing to offer services to | ||
customers in a local exchange,
where a telecommunications | ||
carrier is certificated to provide
service and has entered | ||
into an interconnection agreement
for the provision of | ||
local exchange telecommunications
services, with the | ||
intent to delay or impede the ability of the
incumbent | ||
local exchange telecommunications carrier to
provide | ||
inter-LATA telecommunications services;
| ||
(8) violating the terms of or unreasonably delaying | ||
implementation of an
interconnection agreement entered | ||
into pursuant to Section 252 of the federal
| ||
Telecommunications Act of 1996;
| ||
(9) unreasonably refusing or delaying access to or | ||
provision of
operation support systems to another | ||
telecommunications carrier or providing
inferior operation | ||
support systems to another telecommunications carrier;
| ||
(10) unreasonably failing to offer network elements | ||
that the Commission or
the Federal Communications | ||
Commission has determined must be offered on an
unbundled |
basis to another telecommunications carrier in a manner | ||
consistent
with the Commission's or Federal Communications | ||
Commission's orders or rules
requiring such offerings;
| ||
(11) violating the obligations of Section 13-801; and
| ||
(12) violating an order of the Commission regarding | ||
matters between
telecommunications
carriers.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-515)
| ||
Sec. 13-515. Enforcement.
| ||
(a) The following expedited procedures shall be used
to | ||
enforce the provisions of Section 13-514 of this
Act, provided | ||
that, for a violation of paragraph (8) of Section 13-514 to | ||
qualify for the expedited procedures of this Section, the | ||
violation must be in a manner that unreasonably delays, | ||
increases the cost, or impedes the availability of | ||
telecommunications services to consumers. However, the
| ||
Commission, the complainant, and the respondent may mutually | ||
agree to adjust
the
procedures established in this Section.
| ||
(b) (Blank).
| ||
(c) No complaint may be filed under this Section until the
| ||
complainant has first notified the respondent of the alleged
| ||
violation and offered the respondent
48 hours to correct the | ||
situation. Provision of notice and the
opportunity to correct | ||
the situation creates a rebuttable presumption of
knowledge | ||
under Section 13-514.
After the filing of a complaint under |
this Section, the parties may agree to
follow the mediation | ||
process under Section 10-101.1 of this Act. The time
periods | ||
specified in subdivision (d)(7) of this Section shall be tolled
| ||
during the time
spent in mediation under Section 10-101.1.
| ||
(d) A telecommunications carrier may file a complaint with | ||
the
Commission alleging a violation of Section 13-514 in
| ||
accordance with this subsection:
| ||
(1) The complaint shall be filed with the Chief Clerk | ||
of the
Commission and shall be served in hand upon the
| ||
respondent, the executive director, and the general
| ||
counsel of the Commission at the time of the filing.
| ||
(2) A complaint filed under this subsection shall | ||
include a
statement that the requirements of subsection (c)
| ||
have been fulfilled and that the respondent did not
correct | ||
the situation as requested.
| ||
(3) Reasonable discovery specific to the issue of the | ||
complaint may
commence upon filing of the complaint.
| ||
Requests for discovery must be served in hand and
responses | ||
to discovery must be provided in hand to
the requester | ||
within 14 days after a request for
discovery is made.
| ||
(4) An answer and any other responsive pleading to the
| ||
complaint shall be filed with the Commission and
served in | ||
hand at the same time upon the
complainant, the executive | ||
director, and the general
counsel of the Commission within | ||
7 days after the
date on which the complaint is filed.
| ||
(5) If the answer or responsive pleading raises the |
issue that the
complaint violates subsection (i) of this | ||
Section, the complainant may file a
reply to
such | ||
allegation within 3 days after actual service of such | ||
answer or responsive
pleading. Within 4 days after the time | ||
for filing a reply has expired, the
hearing officer or | ||
arbitrator shall either issue a written decision | ||
dismissing
the complaint as frivolous in violation of | ||
subsection (i) of this Section
including the
reasons for | ||
such disposition or shall issue an order directing that the
| ||
complaint shall proceed.
| ||
(6) A pre-hearing conference shall be held within 14 | ||
days
after the date on which the complaint is filed.
| ||
(7) The hearing shall commence within 30 days of the
| ||
date on which the complaint is filed. The hearing may
be | ||
conducted by a hearing examiner or by an
arbitrator. | ||
Parties and the Commission staff shall be
entitled to | ||
present evidence and legal argument in oral
or written form | ||
as deemed appropriate by the hearing examiner or | ||
arbitrator.
The hearing examiner or arbitrator shall issue
| ||
a written decision within 60 days after the date on
which | ||
the complaint is filed. The decision shall
include reasons | ||
for the disposition of the complaint
and, if a violation of | ||
Section 13-514 is found, directions
and a deadline for | ||
correction of the violation.
| ||
(8) Any party may file a petition requesting the | ||
Commission to review
the decision of the hearing examiner |
or arbitrator within 5 days of such
decision. Any party may | ||
file a response to a petition for review within 3
business | ||
days after actual service of the petition. After the time | ||
for filing
of the petition for review, but no later than 15 | ||
days after the decision of the
hearing examiner or | ||
arbitrator, the Commission shall decide to adopt the
| ||
decision of the hearing examiner or arbitrator or shall | ||
issue its own final
order.
| ||
(e) If the alleged violation has a substantial adverse | ||
effect
on the ability of the complainant to provide service to
| ||
customers, the complainant may include in its complaint a
| ||
request for an order for emergency relief. The
Commission, | ||
acting through its designated hearing
examiner or arbitrator, | ||
shall act upon such a request
within 2 business days of the | ||
filing of the complaint. An order for
emergency relief may be | ||
granted, without an evidentiary
hearing, upon a verified | ||
factual showing that the party
seeking relief will likely | ||
succeed on the merits, that the
party will suffer irreparable | ||
harm in its ability to serve
customers if emergency relief is | ||
not granted, and that the
order is in the public interest. An | ||
order for emergency
relief shall include a finding that the | ||
requirements of this
subsection have been fulfilled and shall | ||
specify the
directives that must be fulfilled by the respondent | ||
and
deadlines for meeting those directives. The decision of
the | ||
hearing examiner or arbitrator to grant or deny
emergency | ||
relief shall be considered an order of the
Commission unless |
the Commission enters its own order within 2 calendar days of
| ||
the decision of the hearing examiner or arbitrator. The order | ||
for emergency
relief may require
the responding party to act or | ||
refrain from acting so as to
protect the provision of | ||
competitive service offerings to
customers. Any action | ||
required by an emergency relief
order must be technically | ||
feasible and economically reasonable and the
respondent
must be | ||
given a reasonable period of time to comply with
the order.
| ||
(f) The Commission is authorized to obtain outside | ||
resources
including, but not limited to, arbitrators and | ||
consultants for
the purposes of the hearings authorized by this | ||
Section.
Any arbitrator or consultant obtained by the | ||
Commission
shall be approved by both parties to the hearing.
| ||
The cost of such outside resources including, but not limited | ||
to, arbitrators
and consultants shall be borne by the parties. | ||
The Commission shall review
the bill for reasonableness and | ||
assess the parties for reasonable costs
dividing the costs | ||
according to the resolution of the complaint brought under
this | ||
Section. Such costs shall be paid by the parties directly to | ||
the
arbitrators, consultants, and other providers of outside | ||
resources within 60
days after receiving notice of the | ||
assessments from the Commission. Interest
at the statutory rate | ||
shall accrue after expiration of the 60-day period. The
| ||
Commission, arbitrators, consultants, or other providers of | ||
outside
resources may apply to a court of competent | ||
jurisdiction for an order
requiring payment.
|
(g) The Commission shall assess the parties under this | ||
subsection for
all of the
Commission's costs of investigation | ||
and conduct of the
proceedings brought under this Section | ||
including, but not limited to, the
prorated salaries of staff, | ||
attorneys, hearing examiners, and support
personnel and | ||
including any travel and per diem, directly attributable to the
| ||
complaint brought pursuant to this Section, but excluding those | ||
costs provided
for in subsection (f), dividing the costs | ||
according to the resolution of
the complaint brought under this | ||
Section. All
assessments made under this subsection shall be | ||
paid into the Public
Utility Fund within
60 days after | ||
receiving notice of the assessments from the
Commission. | ||
Interest at the statutory rate shall accrue after
the | ||
expiration of the 60 day period. The Commission is
authorized | ||
to apply to a court of competent jurisdiction for an
order | ||
requiring payment.
| ||
(h) If the Commission determines that there is an imminent
| ||
threat to competition or to the public interest, the
Commission | ||
may, notwithstanding any other provision of this Act, seek
| ||
temporary, preliminary, or permanent
injunctive relief from a | ||
court of competent jurisdiction either
prior to or after the | ||
hearing.
| ||
(i) A party shall not bring or defend a proceeding brought | ||
under
this Section or assert or controvert an issue in a | ||
proceeding brought under
this Section, unless
there is a | ||
non-frivolous basis for doing so. By presenting a
pleading, |
written motion, or other paper in complaint or
defense of the | ||
actions or inaction of a party under this
Section, a party is | ||
certifying to the Commission that to the
best of that party's | ||
knowledge, information, and belief,
formed after a reasonable | ||
inquiry of the subject matter of the
complaint or defense, that | ||
the complaint or defense is well
grounded in law and fact, and | ||
under the circumstances:
| ||
(1) it is not being presented to harass the other | ||
party,
cause unnecessary delay in the provision of
| ||
competitive telecommunications services to
consumers, or | ||
create needless increases in the cost of
litigation; and
| ||
(2) the allegations and other factual contentions have
| ||
evidentiary support or, if specifically so identified, are
| ||
likely to have evidentiary support after reasonable
| ||
opportunity for further investigation or discovery as | ||
defined herein.
| ||
(j) If, after notice and a reasonable opportunity to | ||
respond,
the Commission determines that subsection (i) has been
| ||
violated, the Commission shall impose appropriate
sanctions | ||
upon the party or parties that have violated
subsection (i) or | ||
are responsible for the violation. The
sanctions shall be not | ||
more than $30,000, plus the
amount of expenses accrued by the | ||
Commission for
conducting the hearing. Payment of sanctions | ||
imposed under this subsection
shall be made to the Common | ||
School Fund within 30 days of
imposition of such sanctions.
| ||
(k) An appeal of a Commission Order made pursuant to this
|
Section shall not effectuate a stay of the Order unless a court
| ||
of competent jurisdiction specifically finds that the party
| ||
seeking the stay will likely succeed on the merits, that the | ||
party
will suffer irreparable harm without the stay, and that | ||
the stay is
in the public interest.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-516)
| ||
Sec. 13-516. Enforcement remedies for prohibited actions | ||
by
telecommunications
carriers. | ||
(a) In addition to any other provision of this Act, all of | ||
the following
remedies
may be applied for violations of Section | ||
13-514, provided that, for a violation of paragraph (8) of | ||
Section 13-514 to qualify for the remedies in this Section, the | ||
violation must be in a manner that unreasonably delays, | ||
increases the cost, or impedes the availability of | ||
telecommunications services to consumers:
| ||
(1) A Commission order directing the violating | ||
telecommunications carrier
to cease and desist from | ||
violating the Act or a Commission order or rule.
| ||
(2) Notwithstanding any other provision of this Act, | ||
for a second
and any subsequent violation of Section 13-514 | ||
committed by a
telecommunications carrier after the | ||
effective date of this amendatory Act of
the 92nd General | ||
Assembly, the
Commission may impose penalties of up to | ||
$30,000
or 0.00825% of the telecommunications carrier's |
gross intrastate annual
telecommunications
revenue, | ||
whichever is greater,
per violation unless the | ||
telecommunications carrier has fewer than 35,000
| ||
subscriber access
lines, in which case the civil penalty | ||
may not exceed $2,000 per violation.
The second and any | ||
subsequent violation of Section 13-514 need not be of the
| ||
same nature or provision of the Section for a penalty to be | ||
imposed.
Matters resolved through voluntary mediation | ||
pursuant to Section 10-101.1
shall not be considered as a | ||
violation of Section 13-514 in computing
eligibility for | ||
imposition of a penalty under this subdivision (a)(2).
Each | ||
day of a continuing offense shall be treated as a
separate | ||
violation for purposes of levying any penalty under this
| ||
Section. The period for which the penalty shall be levied | ||
shall
commence on the day the
telecommunications carrier | ||
first violated Section 13-514 or on the day of the
notice | ||
provided to the telecommunications carrier pursuant to | ||
subsection (c) of
Section 13-515, whichever is later, and | ||
shall continue until
the telecommunications carrier is in | ||
compliance with the
Commission order.
In assessing a | ||
penalty under this subdivision (a)(2), the Commission may
| ||
consider mitigating factors, including those specified in | ||
items (1) through (4)
of subsection (a) of Section 13-304.
| ||
(3) The Commission shall award damages, attorney's | ||
fees, and costs to
any telecommunications carrier that was | ||
subjected to a violation of
Section 13-514.
|
(b) The Commission may waive penalties imposed under | ||
subdivision (a)(2)
if it makes a written finding as to its | ||
reasons for waiving the
penalty. Reasons for waiving a penalty | ||
shall
include, but not be
limited
to, technological | ||
infeasibility and acts of God.
| ||
(c) The Commission shall establish by rule procedures for | ||
the imposition of
remedies under subsection (a) that, at a | ||
minimum, provide for
notice, hearing and a written order | ||
relating to the imposition of remedies.
| ||
(d) Unless enforcement of an order entered by the | ||
Commission under Section
13-515 otherwise directs or is stayed | ||
by the Commission or by an appellate
court reviewing the | ||
Commission's order, at any time after 30
days from the entry of | ||
the order, either the Commission, or the
telecommunications | ||
carrier found by the Commission to have been subjected to
a | ||
violation of Section 13-514, or both, is authorized to petition | ||
a court of
competent jurisdiction for an order at law or in | ||
equity requiring enforcement
of the Commission order. The court | ||
shall determine (1) whether the Commission
entered the order | ||
identified in the petition and (2) whether the violating
| ||
telecommunications carrier has complied with the Commission's | ||
order. A
certified copy of a Commission order shall be prima | ||
facie evidence that the
Commission entered the order so | ||
certified. Pending the court's resolution of
the petition, the | ||
court may award temporary or preliminary injunctive relief,
or | ||
such other equitable relief as may be necessary, to effectively |
implement
and
enforce the Commission's order in a timely | ||
manner.
| ||
If after a hearing the court finds that the Commission | ||
entered the order
identified in the petition and that the | ||
violating telecommunications carrier
has not complied with the | ||
Commission's order, the court shall enter judgment
requiring | ||
the violating telecommunications carrier to comply with the
| ||
Commission's order and order such relief at law or in equity as | ||
the court deems
necessary to effectively implement and enforce | ||
the Commission's order in a
timely manner. The court shall also | ||
award to the petitioner, or petitioners,
attorney's fees and | ||
costs, which shall be taxed and collected as part of the
costs | ||
of the case.
| ||
If the court finds that the violating telecommunications
| ||
carrier has failed to comply with the timely payment of | ||
damages, attorney's
fees, or costs ordered by the Commission, | ||
the court shall order the
violating telecommunications carrier | ||
to pay to the telecommunications carrier
or carriers awarded | ||
the damages, fees, or costs by the Commission
additional | ||
damages for the sake of example and by way of punishment for | ||
the
failure to timely comply with the order of the Commission, | ||
unless the court
finds a reasonable basis for the violating | ||
telecommunications carrier's failure
to make timely payment | ||
according to the Commission's order, in which instance
the | ||
court shall establish a new date for payment to be made.
| ||
(e) Payment of damages, attorney's fees, and costs imposed
|
under subsection (a) shall be made
within 30 days after | ||
issuance of the Commission order imposing the penalties,
| ||
damages, attorney's fees, or costs, unless otherwise directed | ||
by the Commission
or a reviewing court under an appeal taken | ||
pursuant to Article X. Payment of
penalties imposed under | ||
subsection (a) shall be made
to the Common School Fund within | ||
30 days of issuance of the Commission order
imposing the | ||
penalties.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-517)
| ||
Sec. 13-517. Provision of advanced telecommunications | ||
services.
| ||
(a) Every Incumbent Local Exchange Carrier | ||
(telecommunications carrier that
offers or provides a | ||
noncompetitive telecommunications service) shall offer or
| ||
provide advanced telecommunications services to not less than | ||
80% of its
customers by January 1, 2005.
| ||
(b) The Commission is authorized to grant a full or partial | ||
waiver of the
requirements of this Section upon verified | ||
petition of any Incumbent Local
Exchange Carrier ("ILEC") which | ||
demonstrates that full compliance with the
requirements of this | ||
Section would be unduly economically burdensome or
technically | ||
infeasible or otherwise impractical in exchanges with low
| ||
population density. Notice of any such petition must be given | ||
to all
potentially affected customers. If no potentially |
affected customer requests
the opportunity for a hearing on the | ||
waiver petition, the Commission may, in
its discretion, allow | ||
the waiver request to take effect without hearing. The
| ||
Commission shall grant such petition to the extent that, and | ||
for such duration
as, the Commission determines that such | ||
waiver:
| ||
(1) is necessary:
| ||
(A) to avoid a significant adverse economic impact | ||
on users of
telecommunications services generally;
| ||
(B) to avoid imposing a requirement that is unduly | ||
economically
burdensome;
| ||
(C) to avoid imposing a requirement that is | ||
technically infeasible;
or
| ||
(D) to avoid imposing a requirement that is | ||
otherwise impractical
to implement in exchanges with | ||
low population density; and
| ||
(2) is consistent with the public interest, | ||
convenience, and necessity.
| ||
The Commission shall act upon any petition filed under this | ||
subsection within
180 days after receiving such petition. The | ||
Commission may by rule establish
standards for granting any | ||
waiver of the requirements of this Section. The
Commission may, | ||
upon complaint or on its own motion, hold a hearing to
| ||
reconsider its grant of a waiver in whole or in part. In the | ||
event that the
Commission, following hearing, determines that | ||
the affected ILEC no longer
meets the requirements of item (2) |
of this subsection, the Commission shall
by order rescind such | ||
waiver, in whole or in part. In the event and to the
degree the | ||
Commission rescinds such waiver, the Commission shall | ||
establish an
implementation schedule for compliance with the | ||
requirements of this Section.
| ||
(c) As used in this Section, "advanced telecommunications | ||
services" means
services capable of
supporting, in at least one | ||
direction, a speed in excess of 200 kilobits per
second (kbps) | ||
to the network demarcation point at the subscriber's premises.
| ||
(Source: P.A. 97-813, eff. 7-13-12 .)
| ||
(220 ILCS 5/13-518)
| ||
Sec. 13-518. Optional service packages.
| ||
(a) It is the intent of this Section to provide unlimited | ||
local service
packages at prices that will result in savings | ||
for the average consumer.
Each telecommunications carrier that | ||
provides
competitive and noncompetitive services, and that is | ||
subject to an alternative
regulation plan pursuant to Section | ||
13-506.1 of this Article, shall provide, in
addition to such | ||
other services as it offers, the following optional packages
of | ||
services for a fixed monthly rate, which, along with the terms | ||
and
conditions thereof, the Commission shall review, pursuant | ||
to Article IX of this
Act, to determine whether such rates, | ||
terms, and conditions are fair, just, and
reasonable.
| ||
(1) A budget package, which shall consist of | ||
residential access service
and unlimited local calls.
|
(2) A flat rate package, which shall consist of | ||
residential access
service, unlimited local calls, and the | ||
customer's choice of 2 vertical
services as defined in this | ||
Section.
| ||
(3) An enhanced flat rate package, which shall consist | ||
of residential
access service for 2 lines, unlimited local | ||
calls, the customer's choice of
2 vertical services as | ||
defined in this Section, and unlimited local toll
service.
| ||
(b) Nothing in this Section or this Act shall be construed | ||
to prohibit any
telecommunications carrier subject to this | ||
Section from charging customers who
elect to take one of the | ||
groups of services offered pursuant to this Section,
any | ||
applicable surcharges, fees, and taxes.
| ||
(c) The term "vertical services", when used in this | ||
Section, includes,
but is not necessarily limited to, call | ||
waiting, call forwarding, 3-way
calling, caller ID, call | ||
tracing, automatic callback, repeat dialing, and
voicemail.
| ||
(d) The service packages described in this Section shall be | ||
defined as
noncompetitive services.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-519)
| ||
Sec. 13-519. Fire alarm; discontinuance of service. When
a | ||
telecommunications
carrier initiates a discontinuance of | ||
service on a known emergency system or
fire alarm
system that | ||
is required by the local authority to be a dedicated phone line
|
circuit to the central dispatch of the fire department or fire | ||
protection
district or, if applicable, the police department, | ||
the telecommunications
carrier shall also transmit a copy of | ||
the
written notice of discontinuance to that local authority.
| ||
(Source: P.A. 93-412, eff. 1-1-04 .)
| ||
(220 ILCS 5/13-601) (from Ch. 111 2/3, par. 13-601)
| ||
Sec. 13-601. Application of Article VII. The provisions of | ||
Article VII
of this Act are applicable only to | ||
telecommunications carriers offering or
providing | ||
noncompetitive telecommunications service, and the | ||
Commission's
regulation thereof, except that (1) the approval | ||
of contracts and arrangements
with affiliated interests | ||
required by paragraph (3) of Section 7-101 shall not
apply to | ||
such telecommunications carriers provided that, except as | ||
provided in
item (2), those contracts and arrangements shall be | ||
filed with the Commission
and (2) affiliated interest contracts | ||
or arrangements entered into by such
telecommunications | ||
carriers where the increased obligation thereunder does not
| ||
exceed the lesser of $5,000,000 or 5% of such carrier's prior | ||
annual revenue
from noncompetitive services are not required to | ||
be filed with the Commission.
| ||
(Source: P.A. 89-440, eff. 12-15-95 .)
| ||
(220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)
| ||
Sec. 13-701. Notwithstanding any other provision of this |
Act to the
contrary, the Commission has no power to supervise | ||
or control any telephone
cooperative as respects assessment | ||
schedules or local service rates made or
charged by such a | ||
cooperative on a nondiscriminatory basis. In addition,
the | ||
Commission has no power to inquire into, or require the | ||
submission of,
the terms, conditions or agreements by or under | ||
which telephone
cooperatives are financed. A telephone | ||
cooperative shall file with the
Commission either a copy of the | ||
annual financial report required by the
Rural Electrification | ||
Administration, or the annual financial report
required of | ||
other public utilities. | ||
Sections 13-712 and 13-713 of this Act do not apply to | ||
telephone cooperatives.
| ||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .)
| ||
(220 ILCS 5/13-702) (from Ch. 111 2/3, par. 13-702)
| ||
Sec. 13-702.
Every telecommunications carrier operating in | ||
this State
shall receive, transmit and deliver, without | ||
discrimination or delay, the
conversations, messages or other | ||
transmissions of every other
telecommunications carrier with | ||
which a joint rate has been established or
with whose line a | ||
physical connection may have been made.
| ||
(Source: P.A. 84-1063 .)
| ||
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| ||
Sec. 13-703.
(a) The Commission shall design and implement |
a program
whereby each telecommunications carrier providing | ||
local exchange service
shall provide a telecommunications | ||
device capable of servicing the needs of
those persons with a | ||
hearing or speech disability together with a
single party line, | ||
at no charge additional to the basic exchange rate, to
any | ||
subscriber who is certified as having a hearing or speech | ||
disability by a hearing care professional, as defined in the | ||
Hearing Instrument Consumer Protection Act, a speech-language | ||
pathologist, or a qualified
State agency and to any subscriber | ||
which is an organization serving the needs
of those persons | ||
with a hearing or speech disability as determined and
specified | ||
by the Commission pursuant to subsection (d).
| ||
(b) The Commission shall design and implement a program, | ||
whereby each
telecommunications carrier providing local | ||
exchange service shall provide a
telecommunications relay | ||
system, using third party intervention to connect
those persons | ||
having a hearing or speech disability with persons of normal
| ||
hearing by way of intercommunications devices and the telephone | ||
system, making
available reasonable access to all phases of | ||
public telephone service to
persons who have a hearing or | ||
speech disability. In order to design a
telecommunications | ||
relay system which will meet the requirements of those
persons | ||
with a hearing or speech disability available at a reasonable | ||
cost, the
Commission shall initiate an investigation and | ||
conduct public hearings to
determine the most cost-effective | ||
method of providing telecommunications relay
service to those |
persons who have a hearing or speech disability when using
| ||
telecommunications devices and therein solicit the advice, | ||
counsel, and
physical assistance of Statewide nonprofit | ||
consumer organizations that serve
persons with hearing or | ||
speech disabilities in such hearings and during the
development | ||
and implementation of the system. The Commission shall phase
in | ||
this program, on a geographical basis, as soon as is | ||
practicable, but
no later than June 30, 1990.
| ||
(c) The Commission shall establish a competitively neutral | ||
rate recovery mechanism that establishes charges in an amount | ||
to be determined by the Commission
for each line of a | ||
subscriber to allow telecommunications carriers
providing | ||
local exchange service to recover costs as they are incurred
| ||
under this Section. Beginning no later than April 1, 2016, and | ||
on a yearly basis thereafter, the Commission shall initiate a | ||
proceeding to establish the competitively neutral amount to be | ||
charged or assessed to subscribers of telecommunications | ||
carriers and wireless carriers, Interconnected VoIP service | ||
providers, and consumers of prepaid wireless | ||
telecommunications service in a manner consistent with this | ||
subsection (c) and subsection (f) of this Section. The | ||
Commission shall issue its order establishing the | ||
competitively neutral amount to be charged or assessed to | ||
subscribers of telecommunications carriers and wireless | ||
carriers, Interconnected VoIP service providers, and | ||
purchasers of prepaid wireless telecommunications service on |
or prior to June 1 of each year, and such amount shall take | ||
effect June 1 of each year.
| ||
Telecommunications carriers, wireless carriers, | ||
Interconnected VoIP service providers, and sellers of prepaid | ||
wireless telecommunications service shall have 60 days from the | ||
date the Commission files its order to implement the new rate | ||
established by the order. | ||
(d) The Commission shall determine and specify those | ||
organizations serving
the needs of those persons having a | ||
hearing or speech disability that shall
receive a | ||
telecommunications device and in which offices the equipment | ||
shall be
installed in the case of an organization having more | ||
than one office. For the
purposes of this Section, | ||
"organizations serving the needs of those persons
with hearing | ||
or speech disabilities" means centers for independent living as
| ||
described in Section 12a of the Rehabilitation of Persons with | ||
Disabilities Act and
not-for-profit organizations whose | ||
primary purpose is serving the needs of
those persons with | ||
hearing or speech disabilities. The Commission shall direct
the | ||
telecommunications carriers subject to its jurisdiction and | ||
this
Section to comply with its determinations and | ||
specifications in this regard.
| ||
(e) As used in this Section: | ||
"Prepaid wireless telecommunications service" has the | ||
meaning given to that term under Section 10 of the Prepaid | ||
Wireless 9-1-1 Surcharge Act. |
"Retail transaction" has the meaning given to that term | ||
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
"Seller" has the meaning given to that term under Section | ||
10 of the Prepaid Wireless 9-1-1 Surcharge Act. | ||
"Telecommunications carrier
providing local exchange | ||
service" includes, without otherwise limiting the
meaning of | ||
the term, telecommunications carriers which are purely mutual
| ||
concerns, having no rates or charges for services, but paying | ||
the operating
expenses by assessment upon the members of such a | ||
company and no other
person.
| ||
"Wireless carrier" has the meaning given to that term under | ||
Section 2 10 of the Wireless Emergency Telephone System Safety | ||
Act. | ||
(f) Interconnected VoIP service providers, sellers of | ||
prepaid wireless telecommunications service, and wireless | ||
carriers in Illinois shall collect and remit assessments | ||
determined in accordance with this Section in a competitively | ||
neutral manner in the same manner as a telecommunications | ||
carrier providing local exchange service. However, the | ||
assessment imposed on consumers of prepaid wireless | ||
telecommunications service shall be collected by the seller | ||
from the consumer and imposed per retail transaction as a | ||
percentage of that retail transaction on all retail | ||
transactions occurring in this State. The assessment on | ||
subscribers of wireless carriers and consumers of prepaid | ||
wireless telecommunications service shall not be imposed or |
collected prior to June 1, 2016. | ||
Sellers of prepaid wireless telecommunications service | ||
shall remit the assessments to the Department of Revenue on the | ||
same form and in the same manner which they remit the fee | ||
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For | ||
the purposes of display on the consumers' receipts, the rates | ||
of the fee collected under the Prepaid Wireless 9-1-1 Surcharge | ||
Act and the assessment under this Section may be combined. In | ||
administration and enforcement of this Section, the provisions | ||
of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge | ||
Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of | ||
Section 15 and subsections (c) and (e) of Section 20 of the | ||
Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 | ||
(the effective date of Public Act 99-6), the seller shall be | ||
permitted to deduct and retain 3% of the assessments that are | ||
collected by the seller from consumers and that are remitted | ||
and timely filed with the Department) that are not inconsistent | ||
with this Section, shall apply, as far as practicable, to the | ||
subject matter of this Section to the same extent as if those | ||
provisions were included in this Section. The Department shall | ||
deposit all assessments and penalties collected under this | ||
Section into the Illinois Telecommunications Access | ||
Corporation Fund, a special fund created in the State treasury. | ||
On or before the 25th day of each calendar month, the | ||
Department shall prepare and certify to the Comptroller the | ||
amount available to the Commission for distribution out of the |
Illinois Telecommunications Access Corporation Fund. The | ||
amount certified shall be the amount (not including credit | ||
memoranda) collected during the second preceding calendar | ||
month by the Department, plus an amount the Department | ||
determines is necessary to offset any amounts which were | ||
erroneously paid to a different taxing body or fund. The amount | ||
paid to the Illinois Telecommunications Access Corporation | ||
Fund shall not include any amount equal to the amount of | ||
refunds made during the second preceding calendar month by the | ||
Department to retailers under this Section or any amount that | ||
the Department determines is necessary to offset any amounts | ||
which were payable to a different taxing body or fund but were | ||
erroneously paid to the Illinois Telecommunications Access | ||
Corporation Fund. The Commission shall distribute all the funds | ||
to the Illinois Telecommunications Access Corporation and the | ||
funds may only be used in accordance with the provisions of | ||
this Section. The Department shall deduct 2% of all amounts | ||
deposited in the Illinois Telecommunications Access | ||
Corporation Fund during every year of remitted assessments. Of | ||
the 2% deducted by the Department, one-half shall be | ||
transferred into the Tax Compliance and Administration Fund to | ||
reimburse the Department for its direct costs of administering | ||
the collection and remittance of the assessment. The remaining | ||
one-half shall be transferred into the Public Utility Fund to | ||
reimburse the Commission for its costs of distributing to the | ||
Illinois Telecommunications Access Corporation the amount |
certified by the Department for distribution. The amount to be | ||
charged or assessed under subsections (c) and (f) is not | ||
imposed on a provider or the consumer for wireless Lifeline | ||
service where the consumer does not pay the provider for the | ||
service. Where the consumer purchases from the provider | ||
optional minutes, texts, or other services in addition to the | ||
federally funded Lifeline benefit, a consumer must pay the | ||
charge or assessment, and it must be collected by the seller | ||
according to this subsection (f). | ||
Interconnected VoIP services shall not be considered an | ||
intrastate telecommunications service for the purposes of this | ||
Section in a manner inconsistent with federal law or Federal | ||
Communications Commission regulation. | ||
(g) The provisions of this Section are severable under | ||
Section 1.31 of the Statute on Statutes. | ||
(h) The Commission may adopt rules necessary to implement | ||
this Section. | ||
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642, | ||
eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17; | ||
revised 2-15-17.)
| ||
(220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
| ||
Sec. 13-704.
Each page of a billing statement which sets | ||
forth charges
assessed against a customer by a | ||
telecommunications carrier for
telecommunications service | ||
shall reflect the telephone number or customer
account number |
to which the charges are being billed. If a telecommunications | ||
carrier offers electronic billing, customers may elect to have | ||
their bills sent electronically. Such bills shall be | ||
transmitted with instructions for payment. Information sent | ||
electronically shall be deemed to satisfy any requirement in | ||
this Section that such information be printed or written on a | ||
customer bill. Bills may be paid electronically or by the use | ||
of a customer-preferred financially accredited credit or debit | ||
methodology.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .)
| ||
(220 ILCS 5/13-705) (from Ch. 111 2/3, par. 13-705)
| ||
Sec. 13-705.
Every telephone directory distributed after | ||
July 1, 1990
to the general public in this State which lists | ||
the calling numbers of
telephones, of any telephone exchange | ||
located in this State, shall also
contain a listing, at no | ||
additional charge, of any special calling number
assigned to | ||
any telecommunication device for the deaf in use within the
| ||
geographic area of coverage for the directory, unless the | ||
telephone company
is notified by the telecommunication device | ||
subscriber that the subscriber
does not wish the TDD number to | ||
be listed in the directory. Such listing
shall include, but is | ||
not limited to, residential, commercial and
governmental | ||
numbers with telecommunication device access and shall include
| ||
a designation if the device is for print or display | ||
communication only or
if it also accommodates voice |
transmission. In addition to the
aforementioned requirements | ||
each telephone directory so distributed
shall also contain a | ||
listing of any city and county emergency services and
any | ||
police telecommunication device for the deaf calling numbers in | ||
the
coverage area within this State which is included in the | ||
directory as well
as the listing of the Illinois State Police | ||
emergency telecommunication
device for the deaf calling number | ||
in Springfield. This emergency numbers
listing shall be | ||
preceded by the words "Emergency Assistance for Deaf
Persons" | ||
which shall be as legible and printed in the same size as all
| ||
other emergency subheadings on the page; provided, that the | ||
provisions of
this Section do not apply to those directories | ||
distributed solely for
business advertising purposes, commonly | ||
known as classified directories.
| ||
(Source: P.A. 85-1404 .)
| ||
(220 ILCS 5/13-706) (from Ch. 111 2/3, par. 13-706)
| ||
Sec. 13-706.
Except as provided in Section 13-707 of this | ||
Act, all essential
telephones, all coin-operated phones and all | ||
emergency telephones sold,
rented or distributed by any other | ||
means in this State after July 1, 1990
shall be hearing-aid | ||
compatible. The provisions of this Section shall not
apply to | ||
any telephone that is manufactured before July 1, 1989.
| ||
(Source: P.A. 85-1440 .)
| ||
(220 ILCS 5/13-707) (from Ch. 111 2/3, par. 13-707)
|
Sec. 13-707.
The following telephones shall be exempt from | ||
the
requirements of Section 13-706 of this Act: telephones used | ||
with public
mobile services; telephones used with private radio | ||
services; and cordless
telephones. The exemption provided in | ||
this Section shall not apply with
respect to cordless | ||
telephones manufactured or imported more than 3 years
after | ||
September 19, 1988. The Commission shall periodically
assess | ||
the appropriateness of continuing in effect the exemptions | ||
provided
herein for public mobile service and private radio | ||
service telephones and
report their findings to the General | ||
Assembly.
| ||
(Source: P.A. 85-1440 .)
| ||
(220 ILCS 5/13-709)
| ||
Sec. 13-709. Orders of correction.
| ||
(a) A telecommunications carrier shall
comply with orders | ||
of correction issued by the Department of Public Health
under | ||
Section 5 of the Illinois Plumbing License Law.
| ||
(b) Upon receiving notification from the Department of | ||
Public Health that a
telecommunications carrier has failed to | ||
comply with an order of correction,
the Illinois Commerce | ||
Commission shall enforce the order.
| ||
(c) The good faith compliance by a
telecommunications | ||
carrier with
an order of the Department of Public Health or | ||
Illinois Commerce Commission to
terminate service
pursuant to
| ||
Section 5 of the Illinois Plumbing License Law
shall constitute |
a complete defense to any civil
action brought
against the | ||
telecommunications carrier arising from the termination of
| ||
service.
| ||
(Source: P.A. 91-184, eff. 1-1-00 .)
| ||
(220 ILCS 5/13-712)
| ||
Sec. 13-712. Basic local exchange service quality; | ||
customer credits.
| ||
(a) It is the intent of the General Assembly that every | ||
telecommunications
carrier meet
minimum service quality | ||
standards in providing noncompetitive basic local exchange | ||
service on
a non-discriminatory basis to all classes of | ||
customers.
| ||
(b) Definitions:
| ||
(1) (Blank).
| ||
(2) "Basic local exchange service" means residential | ||
and business lines
used
for local
exchange | ||
telecommunications service as defined in Section 13-204 of | ||
this Act, that have not been classified as competitive | ||
pursuant to either Section 13-502 or subdivision (c)(5) of | ||
Section 13-506.2 of this Act,
excluding:
| ||
(A) services that employ advanced | ||
telecommunications capability as
defined
in Section | ||
706(c)(1) of the federal Telecommunications Act of | ||
1996;
| ||
(B) vertical services;
|
(C) company official lines; and
| ||
(D) records work only.
| ||
(3) "Link Up" refers to the Link Up Assistance program | ||
defined and
established
at 47
C.F.R. Section 54.411 et seq. | ||
as amended.
| ||
(c) The Commission shall promulgate service quality rules
| ||
for basic local exchange service, which may include fines, | ||
penalties, customer
credits, and other enforcement mechanisms. | ||
In developing such service quality
rules, the Commission shall | ||
consider, at a minimum, the carrier's gross annual
intrastate | ||
revenue; the frequency, duration, and recurrence of the | ||
violation;
and the relative harm caused to the affected | ||
customer or other users of the
network. In imposing fines, the | ||
Commission shall take into account
compensation or credits paid | ||
by the telecommunications carrier to its customers
pursuant to | ||
this Section in compensation for the violation found pursuant | ||
to
this Section. These rules shall become effective within one | ||
year after the
effective date of this amendatory Act of the | ||
92nd General Assembly.
| ||
(d) The rules shall, at a minimum, require each | ||
telecommunications carrier
to do all of the following:
| ||
(1) Install basic local exchange service within 5 | ||
business days after
receipt
of an
order from the customer | ||
unless the customer requests an installation date that
is
| ||
beyond 5 business days after placing the order for basic | ||
service and to inform
the customer of its duty to install |
service within this timeframe. If
installation
of
service | ||
is requested on or by a date more than 5 business days in | ||
the future,
the
telecommunications carrier shall install | ||
service by the date requested. A
telecommunications | ||
carrier offering basic local exchange service utilizing | ||
the
network or network elements of another carrier shall | ||
install new lines for
basic local exchange service within 3 | ||
business days after provisioning of the
line or lines by | ||
the carrier whose network or network elements are being
| ||
utilized is complete. This
subdivision (d)(1) does not | ||
apply to the migration of a customer between
| ||
telecommunications carriers, so long as the customer | ||
maintains dial tone.
| ||
(2) Restore basic local exchange service for a customer | ||
within 30 hours of
receiving
notice that a customer is out | ||
of service. This provision applies to service
disruptions | ||
that occur when a customer switches existing basic local | ||
exchange
service from one carrier to another.
| ||
(3) Keep all repair and installation appointments for | ||
basic local exchange
service,
when a customer premises | ||
visit requires a customer to be present.
| ||
(4) Inform a customer when a repair or installation | ||
appointment requires
the customer to be present.
| ||
(e) The rules shall include provisions for customers to be
| ||
credited by the
telecommunications carrier for violations of | ||
basic local exchange service
quality
standards as described in |
subsection (d).
The credits shall be applied on the statement | ||
issued to the
customer for the next monthly billing cycle | ||
following the violation or
following the discovery of the | ||
violation.
The performance levels established in subsection | ||
(c) are solely for the
purposes
of consumer credits and shall | ||
not be used as performance levels for the
purposes of
assessing | ||
penalties under Section 13-305.
At a minimum, the rules shall
| ||
include the following:
| ||
(1) If a carrier fails to repair an out-of-service | ||
condition for basic
local
exchange service within 30 hours, | ||
the carrier shall provide a credit to
the customer. If the | ||
service disruption is for over 30 hours but less than 48 | ||
hours, the
credit must be equal to a pro-rata portion of | ||
the monthly recurring charges for
all
local services | ||
disrupted. If the service disruption is for more than 48
| ||
hours, but not more than 72 hours, the credit must be equal | ||
to at least
33% of one month's recurring charges for all | ||
local services disrupted. If the
service disruption is for | ||
more than 72 hours, but not more than 96
hours, the credit | ||
must be equal to at least 67% of one month's
recurring | ||
charges for all local services disrupted. If the service | ||
disruption
is for
more than 96 hours, but not more than 120 | ||
hours, the credit must be equal to
one month's recurring | ||
charges for all
local
services disrupted. For each day or | ||
portion thereof that the service
disruption continues | ||
beyond
the initial 120-hour period, the carrier shall also |
provide
an additional credit of $20 per day.
| ||
(2) If a carrier fails to install basic local exchange | ||
service as required
under subdivision (d)(1),
the carrier | ||
shall waive 50% of
any installation charges, or in the | ||
absence of an installation charge or where
installation is | ||
pursuant to the Link Up
program, the carrier shall provide | ||
a credit of $25. If a carrier fails to
install service | ||
within 10 business days after the service application is
| ||
placed, or fails to install service within 5 business days | ||
after the customer's
requested installation date, if the | ||
requested date was more than 5 business
days after the date | ||
of the order, the carrier shall waive 100% of the
| ||
installation charge, or in the absence of an installation | ||
charge or where
installation is provided pursuant to the | ||
Link Up program, the carrier shall
provide a credit of $50. | ||
For each day that the failure to install service
continues | ||
beyond the initial 10 business days, or beyond 5 business | ||
days after
the customer's requested installation date, if | ||
the requested date was more than
5 business days after the | ||
date of the order, the
carrier shall also provide an
| ||
additional credit of $20 per day until service is
| ||
installed.
| ||
(3) If a carrier fails to keep a scheduled repair or | ||
installation
appointment when a customer premises visit | ||
requires a customer to be present,
the carrier shall credit | ||
the customer $25 per missed appointment.
A credit required |
by this subsection does not apply when the carrier provides
| ||
the customer notice of its inability to keep the | ||
appointment no later than 8 p.m. of the day prior to the | ||
scheduled date of the appointment.
| ||
(4) If the violation of a basic local exchange service | ||
quality standard is
caused by a carrier other than the | ||
carrier providing retail
service to the customer, the
| ||
carrier providing retail service to the customer shall | ||
credit the customer as
provided
in this Section. The | ||
carrier causing the violation shall
reimburse the carrier | ||
providing retail service the amount credited the
customer.
| ||
When applicable, an interconnection agreement shall govern | ||
compensation between
the carrier causing the violation, in | ||
whole or in part, and the retail carrier
providing the | ||
credit to the customer.
| ||
(5) (Blank).
| ||
(6) Credits required by this subsection do not apply if | ||
the violation of a
service
quality standard:
| ||
(i) occurs as a result of a negligent or willful | ||
act on the part of the
customer;
| ||
(ii) occurs as a result of a malfunction of | ||
customer-owned telephone
equipment or inside wiring;
| ||
(iii) occurs as a result of, or is extended by, an | ||
emergency situation
as defined in
Commission rules;
| ||
(iv) is extended by the carrier's inability to gain | ||
access to the
customer's
premises due to the customer |
missing an appointment, provided that the
violation is | ||
not further extended by the carrier;
| ||
(v) occurs as a result of a customer request to | ||
change the scheduled
appointment, provided
that the | ||
violation is not further extended by the carrier;
| ||
(vi) occurs as a result of a carrier's right to | ||
refuse service to a
customer as provided in Commission | ||
rules; or
| ||
(vii) occurs as a result of a lack of facilities | ||
where a customer
requests service at a geographically
| ||
remote location, a customer requests service in a | ||
geographic area where the
carrier is not currently | ||
offering service, or there are insufficient facilities
| ||
to meet the customer's request for service, subject to | ||
a carrier's obligation
for reasonable facilities | ||
planning.
| ||
(7) The provisions of this subsection are cumulative | ||
and shall not in any
way
diminish or replace other civil or | ||
administrative remedies available to a
customer
or a class | ||
of customers.
| ||
(f) The rules shall require each telecommunications | ||
carrier to provide to
the Commission, on
a quarterly basis and | ||
in a form suitable for posting on the Commission's
website, a | ||
public
report that includes performance data for basic local | ||
exchange service quality
of service.
The performance data shall | ||
be disaggregated for each geographic area and each
customer |
class of the
State for
which the telecommunications carrier | ||
internally monitored performance data as
of a date
120 days | ||
preceding the effective date of this amendatory Act of the 92nd
| ||
General Assembly. The report shall
include, at
a minimum, | ||
performance data on basic local exchange service | ||
installations,
lines out of
service for more than 30 hours, | ||
carrier response to customer calls, trouble
reports, and
missed | ||
repair and installation commitments.
| ||
(g) The Commission shall establish and implement carrier to | ||
carrier
wholesale service
quality rules and establish remedies | ||
to ensure enforcement of the rules.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .)
| ||
(220 ILCS 5/13-713)
| ||
Sec. 13-713. Consumer complaint resolution process.
| ||
(a) It is the intent of the General Assembly
that consumer | ||
complaints against
telecommunications carriers shall be | ||
concluded as expeditiously as possible
consistent with the | ||
rights of the parties thereto to the due process of law
and | ||
protection of the public interest.
| ||
(b) The Commission shall promulgate rules that permit | ||
parties
to resolve disputes through mediation. A consumer may | ||
request mediation upon
completion of the Commission's informal | ||
complaint process and prior to the
initiation of a formal | ||
complaint as described in Commission rules.
| ||
(c) A residential consumer or business
consumer with fewer |
than 20 lines shall have the right to request mediation for
| ||
resolution of a dispute with a telecommunications carrier. The | ||
carrier shall
be required to participate in mediation at the | ||
consumer's request.
| ||
(d) The Commission may retain the services of an | ||
independent neutral
mediator or trained Commission staff to | ||
facilitate resolution of the consumer
dispute. The mediation | ||
process must be completed no later than 45 days after
the | ||
consumer requests mediation.
| ||
(e) If the parties reach agreement, the agreement shall be | ||
reduced to
writing at the conclusion of the mediation. The | ||
writing shall contain mutual
conditions, payment arrangements, | ||
or other terms that resolve the dispute in
its
entirety. If the | ||
parties are unable to reach agreement or after 45 days,
| ||
whichever occurs first, the consumer may file a formal | ||
complaint with the
Commission as described in Commission rules.
| ||
(f) If either the consumer or the carrier fails to abide by | ||
the terms of the
settlement agreement, either party may | ||
exercise any rights it may have as
specified in the terms of | ||
the agreement or as provided in Commission rules.
| ||
(g) All notes, writings and settlement discussions related | ||
to the mediation
shall be exempt from discovery and shall be | ||
inadmissible in any agency or court
proceeding.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
|
Sec. 13-801. Incumbent local exchange carrier obligations.
| ||
(a) This Section provides
additional State requirements | ||
contemplated by, but not inconsistent with,
Section
261(c) of | ||
the federal Telecommunications Act of 1996, and not preempted | ||
by
orders of the Federal Communications Commission.
A | ||
telecommunications carrier not subject to regulation under an | ||
alternative
regulation plan pursuant to Section 13-506.1
of | ||
this Act shall not be subject to the provisions of this | ||
Section, to the
extent that this Section imposes requirements | ||
or obligations upon the
telecommunications carrier that exceed | ||
or are more stringent than those
obligations imposed by Section | ||
251 of the federal Telecommunications Act of
1996 and | ||
regulations promulgated thereunder.
| ||
An incumbent local exchange carrier shall provide a | ||
requesting
telecommunications carrier with interconnection, | ||
collocation, network elements,
and
access to operations | ||
support systems on just, reasonable, and nondiscriminatory
| ||
rates,
terms, and
conditions to enable the provision of any and | ||
all existing and new
telecommunications
services within the | ||
LATA, including, but not limited to, local exchange and
| ||
exchange
access. The Commission shall require the incumbent | ||
local exchange carrier to
provide
interconnection, | ||
collocation, and network elements in any manner technically
| ||
feasible to
the fullest extent possible to implement the | ||
maximum development of competitive
telecommunications services | ||
offerings. As used in this Section, to the extent
that
|
interconnection, collocation, or network elements have been | ||
deployed for or by
the
incumbent local exchange carrier or one | ||
of its wireline local exchange
affiliates in any
jurisdiction, | ||
it shall be presumed that such is technically feasible in
| ||
Illinois.
| ||
(b) Interconnection.
| ||
(1) An incumbent local exchange carrier shall
provide | ||
for
the facilities and equipment of any requesting | ||
telecommunications carrier's
interconnection with the | ||
incumbent local exchange carrier's network on just,
| ||
reasonable,
and nondiscriminatory rates, terms, and | ||
conditions:
| ||
(A) for the transmission and routing of local | ||
exchange, and exchange
access
telecommunications | ||
services;
| ||
(B) at any technically feasible point within the | ||
incumbent local
exchange
carrier's
network; however, | ||
the incumbent local exchange carrier may not require | ||
the
requesting carrier to interconnect at more than one | ||
technically feasible point
within a LATA; and
| ||
(C) that is at least equal in quality and | ||
functionality to that
provided
by
the
incumbent local | ||
exchange carrier to itself or to any subsidiary, | ||
affiliate, or
any other party
to which the incumbent | ||
local exchange carrier provides interconnection.
| ||
(2) An incumbent local exchange carrier shall make |
available to any
requesting
telecommunications carrier, to | ||
the extent technically feasible, those services,
| ||
facilities, or
interconnection agreements or arrangements | ||
that the incumbent local exchange
carrier or
any of its | ||
incumbent local exchange subsidiaries or affiliates offers | ||
in
another state under
the terms and conditions, but not | ||
the stated rates, negotiated pursuant to
Section 252 of
the | ||
federal Telecommunications Act of 1996. Rates shall be | ||
established in
accordance
with the requirements of | ||
subsection (g) of this Section. An incumbent local
exchange
| ||
carrier shall
also make available to any requesting | ||
telecommunications carrier, to the extent
technically | ||
feasible, and subject to the unbundling provisions of | ||
Section
251(d)(2) of the
federal Telecommunications Act of | ||
1996, those unbundled network element or
interconnection | ||
agreements or arrangements that a local exchange carrier
| ||
affiliate
of the
incumbent local exchange carrier obtains | ||
in another state from the incumbent
local
exchange carrier | ||
in that state, under the terms and conditions, but not the
| ||
stated rates,
obtained through negotiation, or through an | ||
arbitration initiated by the
affiliate, pursuant
to | ||
Section 252 of the federal Telecommunications Act of 1996. | ||
Rates shall be
established
in accordance with the | ||
requirements of subsection (g) of this Section.
| ||
(c) Collocation. An incumbent local exchange carrier shall | ||
provide for
physical
or virtual collocation of any type of |
equipment for interconnection or access
to network
elements at | ||
the premises of the incumbent local exchange carrier on just,
| ||
reasonable, and
nondiscriminatory rates, terms, and | ||
conditions. The equipment shall include,
but is not
limited to, | ||
optical transmission equipment, multiplexers, remote switching
| ||
modules, and
cross-connects between the facilities or | ||
equipment of other collocated
carriers. The
equipment shall | ||
also include microwave transmission facilities on the exterior
| ||
and interior of
the incumbent local exchange carrier's premises | ||
used for interconnection to, or
for
access to network elements | ||
of, the incumbent local exchange carrier or a
collocated
| ||
carrier, unless the incumbent local exchange carrier | ||
demonstrates to the
Commission that
it is not practical due to | ||
technical reasons or space limitations. An
incumbent local
| ||
exchange carrier shall allow, and provide for, the most | ||
reasonably direct and
efficient
cross-connects, that are | ||
consistent with safety and network reliability
standards, | ||
between
the facilities of collocated carriers. An incumbent | ||
local exchange carrier
shall also allow,
and provide for, cross | ||
connects between a noncollocated telecommunications
carrier's
| ||
network elements platform, or a noncollocated | ||
telecommunications carrier's
transport
facilities, and the | ||
facilities of any collocated carrier, consistent with
safety | ||
and network
reliability standards.
| ||
(d) Network elements. The incumbent local exchange carrier | ||
shall provide to
any
requesting telecommunications carrier, |
for the provision of an existing or a
new
telecommunications | ||
service, nondiscriminatory access to network elements on any
| ||
unbundled or bundled basis, as requested, at any technically | ||
feasible point on just,
reasonable, and nondiscriminatory | ||
rates, terms, and conditions.
| ||
(1) An incumbent local exchange carrier shall provide | ||
unbundled network
elements in a
manner that allows | ||
requesting telecommunications carriers to combine those
| ||
network
elements to provide a telecommunications service.
| ||
(2) An incumbent local exchange carrier shall not | ||
separate network
elements that are
currently combined, | ||
except at the explicit direction of the requesting carrier.
| ||
(3) Upon request, an incumbent local exchange carrier | ||
shall combine any
sequence
of unbundled network elements | ||
that it ordinarily combines for itself, including
but not
| ||
limited to, unbundled network elements identified in The | ||
Draft of the Proposed
Ameritech Illinois 271 Amendment | ||
(I2A) found in Schedule SJA-4 attached to
Exhibit 3.1 filed | ||
by Illinois Bell Telephone Company on or about March 28, | ||
2001
with the Illinois Commerce Commission under Illinois | ||
Commerce Commission
Docket Number 00-0700. The Commission | ||
shall determine those network
elements the incumbent local | ||
exchange carrier ordinarily combines for itself if
there is | ||
a dispute between the incumbent local exchange carrier and | ||
the
requesting telecommunications carrier under this | ||
subdivision of this Section of
this Act.
|
The incumbent local exchange carrier shall be entitled | ||
to recover from the
requesting telecommunications carrier | ||
any just and reasonable special
construction costs | ||
incurred in combining such unbundled network elements (i) | ||
if
such costs are not already included in the established | ||
price of providing the
network elements, (ii) if the | ||
incumbent local exchange carrier charges such
costs
to its | ||
retail telecommunications end users, and (iii) if fully | ||
disclosed in
advance to
the requesting telecommunications | ||
carrier. The Commission shall determine
whether the | ||
incumbent
local exchange carrier is entitled to any special | ||
construction costs if there
is a
dispute between the | ||
incumbent local exchange carrier and the requesting
| ||
telecommunications carrier
under this subdivision of this | ||
Section of this Act.
| ||
(4) A telecommunications carrier may use a network | ||
elements platform
consisting solely
of combined network | ||
elements of the incumbent local exchange carrier to provide
| ||
end to
end telecommunications service for the provision of | ||
existing and new local
exchange,
interexchange that | ||
includes local, local toll, and intraLATA toll, and | ||
exchange
access
telecommunications services within the | ||
LATA to its end users or payphone
service providers without | ||
the requesting
telecommunications carrier's provision or | ||
use of any other facilities or
functionalities.
| ||
(5) The Commission shall establish maximum time |
periods for the incumbent
local
exchange carrier's | ||
provision of network elements. The maximum time period
| ||
shall be
no longer than the time period for the incumbent | ||
local exchange carrier's
provision of
comparable retail | ||
telecommunications services utilizing those network | ||
elements.
The
Commission may establish a maximum time | ||
period for a particular network element
that
is shorter | ||
than for a comparable retail telecommunications service | ||
offered by
the
incumbent local exchange carrier if a | ||
requesting telecommunications carrier
establishes
that it | ||
shall perform other functions or activities after receipt | ||
of the
particular network
element to provide | ||
telecommunications services to end users. The burden of
| ||
proof for
establishing a maximum time period for a | ||
particular network element that is
shorter than
for a | ||
comparable retail telecommunications service offered by | ||
the incumbent
local
exchange carrier shall be on the | ||
requesting telecommunications carrier.
Notwithstanding
any | ||
other provision of this Article, unless and until the | ||
Commission
establishes by rule or order a different | ||
specific maximum time interval, the
maximum time intervals | ||
shall not exceed 5 business days for the provision of
| ||
unbundled
loops,
both digital and analog, 10 business days | ||
for the conditioning of unbundled
loops or for
existing | ||
combinations of network elements for an end user that has | ||
existing
local
exchange telecommunications service, and |
one business day for the provision
of the high
frequency | ||
portion of the loop (line-sharing) for at least 95% of the
| ||
requests of each
requesting telecommunications carrier for | ||
each month.
| ||
In measuring the incumbent local exchange carrier's | ||
actual performance, the
Commission
shall ensure that | ||
occurrences beyond the control of the incumbent local
| ||
exchange
carrier
that adversely affect the incumbent local | ||
exchange carrier's performance are
excluded when | ||
determining actual performance levels. Such occurrences | ||
shall
be
determined by the Commission, but at a minimum | ||
must include work stoppage or
other
labor actions and acts | ||
of war. Exclusions shall also be made for
performance that
| ||
is governed by agreements approved by the Commission and | ||
containing timeframes
for
the same or similar measures or | ||
for when a requesting telecommunications
carrier requests | ||
a longer time interval.
| ||
(6) When a telecommunications carrier requests a | ||
network elements
platform
referred to in subdivision | ||
(d)(4) of this Section, without the need for field
work | ||
outside of
the central
office, for an end user that has | ||
existing local exchange telecommunications
service
| ||
provided by an incumbent local exchange carrier, or by | ||
another
telecommunications
carrier through the incumbent | ||
local exchange carrier's network elements
platform, unless
| ||
otherwise agreed by the telecommunications carriers, the |
incumbent local
exchange
carrier shall provide the | ||
requesting telecommunications carrier with the
requested
| ||
network elements platform within 3 business days for at | ||
least 95% of the
requests for
each requesting | ||
telecommunications carrier for each month. A requesting
| ||
telecommunications carrier may order the network elements | ||
platform as is for an
end user
that has such existing local | ||
exchange service without changing any of the
features
| ||
previously selected by the end user. The incumbent local | ||
exchange carrier
shall provide
the requested network | ||
elements platform without any disruption to the end
user's
| ||
services.
| ||
Absent a contrary agreement between the | ||
telecommunications carriers entered
into
after the | ||
effective date of this amendatory Act of the 92nd General | ||
Assembly,
as
of
12:01
a.m. on the third business day after | ||
placing the order for a network elements
platform,
the | ||
requesting telecommunications carrier shall be the | ||
presubscribed primary
local
exchange carrier for that end | ||
user line and shall be entitled to receive, or to
direct | ||
the
disposition of, all revenues for all services utilizing | ||
the network elements in
the platform,
unless it is | ||
established that the end user of the existing local | ||
exchange
service did not
authorize the requesting | ||
telecommunications carrier to make the request.
| ||
(e) Operations support systems. The Commission shall |
establish minimum
standards
with just, reasonable, and | ||
nondiscriminatory rates, terms, and conditions for
the
| ||
preordering, ordering, provisioning, maintenance and repair, | ||
and billing
functions of the
incumbent local exchange carrier's | ||
operations support systems provided to other
| ||
telecommunications carriers.
| ||
(f) Resale. An incumbent local exchange carrier shall offer | ||
all retail
telecommunications services, that the incumbent | ||
local exchange carrier provides
at retail
to subscribers who | ||
are not telecommunications carriers, within the LATA,
together | ||
with
each applicable optional feature or functionality, | ||
subject to resale at
wholesale rates
without imposing any | ||
unreasonable or discriminatory conditions or limitations.
| ||
Wholesale rates shall be based on the retail rates charged to | ||
end users for the
telecommunications service requested, | ||
excluding the portion thereof
attributable to any
marketing, | ||
billing, collection, and other costs avoided by the local | ||
exchange
carrier.
The Commission may determine under Article IX | ||
of this Act that certain
noncompetitive services, together with | ||
each applicable optional feature or
functionality, that are | ||
offered to residence customers under different rates,
charges, | ||
terms, or conditions than to other customers should not be | ||
subject to
resale under the rates, charges, terms, or | ||
conditions available only to
residence customers.
| ||
(g) Cost based rates. Interconnection, collocation, | ||
network elements, and
operations
support systems shall be |
provided by the incumbent local exchange carrier to
requesting
| ||
telecommunications carriers at cost based rates. The immediate | ||
implementation
and
provisioning of interconnection, | ||
collocation, network elements, and operations
support
systems | ||
shall not be delayed due to any lack of determination by the | ||
Commission
as to
the cost based rates. When cost based rates | ||
have not been established, within
30 days after
the filing of a | ||
petition for the setting of interim rates, or after the
| ||
Commission's own
motion, the Commission shall provide for | ||
interim rates that shall remain in
full force and
effect until | ||
the cost based rate determination is made, or the interim rate | ||
is
modified, by
the Commission.
| ||
(h) Rural exemption. This Section does not apply to certain | ||
rural telephone
companies as
described in 47 U.S.C. 251(f).
| ||
(i) Schedule of rates. A telecommunications carrier may | ||
request the
incumbent
local exchange carrier to provide a | ||
schedule of rates listing each of the rate
elements of
the | ||
incumbent local exchange carrier that pertains to a proposed | ||
order
identified by the
requesting telecommunications carrier | ||
for any of the matters covered in this
Section. The
incumbent | ||
local exchange carrier shall deliver the requested schedule of | ||
rates
to the
requesting telecommunications carrier within 2 | ||
business days for 95% of the
requests for each requesting | ||
carrier
| ||
(j) Special access circuits. Other than as provided in | ||
subdivision
(d)(4) of this Section
for the network elements |
platform described in that subdivision, nothing in
this | ||
amendatory Act of the 92nd General Assembly is intended to | ||
require or
prohibit the substitution of switched or special | ||
access services by or with a
combination of network elements | ||
nor address the Illinois Commerce Commission's
jurisdiction or | ||
authority in this area.
| ||
(k) The Commission shall determine any matters in dispute | ||
between the
incumbent local exchange carrier and the requesting | ||
carrier pursuant to Section
13-515 of this Act.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-802.1) | ||
Sec. 13-802.1. Depreciation; examination and audit; | ||
agreement conditions; federal Telecommunications Act of 1996. | ||
(a) In performing any cost analysis authorized pursuant to | ||
this Act, the Commission may ascertain and determine and by | ||
order fix the proper and adequate rate of depreciation of the | ||
property for a telecommunications carrier for the purpose of | ||
such cost analysis. | ||
(b) The Commission may provide for the examination and | ||
audit of all accounts. Items subject to the Commission's | ||
regulatory requirements shall be so allocated in the manner | ||
prescribed by the Commission. The officers and employees of the | ||
Commission shall have the authority under the direction of the | ||
Commission to inspect and examine any and all books, accounts, | ||
papers, records, and memoranda kept by the telecommunications |
carrier. | ||
(c) The Commission is authorized to adopt rules and | ||
regulations concerning the conditions to be contained in and | ||
become a part of contracts for noncompetitive | ||
telecommunications services in a manner consistent with this | ||
Act and federal law. | ||
(d) The Commission shall have the authority to, and shall | ||
engage in, all state regulatory actions needed to implement and | ||
enforce the federal Telecommunications Act of 1996 consistent | ||
with federal law, including, but not limited to, the | ||
negotiation, arbitration, implementation, resolution of | ||
disputes and enforcement of interconnection agreements arising | ||
under Sections 251 and 252 of the federal Telecommunications | ||
Act of 1996.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .) | ||
(220 ILCS 5/13-804) | ||
Sec. 13-804. Broadband investment. Increased investment | ||
into broadband infrastructure is critical to the economic | ||
development of this State and a key component to the retention | ||
of existing jobs and the creation of new jobs. The removal of | ||
regulatory uncertainty will attract greater private-sector | ||
investment in broadband infrastructure. Notwithstanding other | ||
provisions of this Article: | ||
(A) the Commission shall have the authority to certify | ||
providers of wireless services, including, but not limited |
to, private radio service, public mobile service, or | ||
commercial mobile service, as those terms are defined in 47 | ||
U.S.C. 332 on the effective date of this amendatory Act of | ||
the 96th General Assembly or as amended thereafter, to | ||
provide telecommunications services in Illinois; | ||
(B) the Commission shall have the authority to certify | ||
providers of wireless services, including, but not limited | ||
to, private radio service, public mobile service, or | ||
commercial mobile service, as those terms are defined in 47 | ||
U.S.C. 332 on the effective date of this amendatory Act of | ||
the 96th General Assembly or as amended thereafter, as | ||
eligible telecommunications carriers in Illinois, as that | ||
term has the meaning prescribed in 47 U.S.C. 214 on the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly or as amended thereafter; | ||
(C) the Commission shall have the authority to register | ||
providers of fixed or non-nomadic Interconnected VoIP | ||
service as Interconnected VoIP service providers in | ||
Illinois in accordance with Section 401.1 of this Article; | ||
(D) the Commission shall have the authority to require | ||
providers of Interconnected VoIP service to participate in | ||
hearing and speech disability programs; and | ||
(E) the Commission shall have the authority to access | ||
information provided to the non-profit organization under | ||
Section 20 of the High Speed Internet Services and | ||
Information Technology Act, provided the Commission enters |
into a proprietary and confidentiality agreement governing | ||
such information. | ||
Except to the extent expressly permitted by and consistent | ||
with federal law, the regulations of the Federal Communications | ||
Commission, this Article, Article XXI or XXII of this Act, or | ||
this amendatory Act of the 96th General Assembly, the | ||
Commission shall not regulate the rates, terms, conditions, | ||
quality of service, availability, classification, or any other | ||
aspect of service regarding (i) broadband services, (ii) | ||
Interconnected VoIP services, (iii) information services, as | ||
defined in 47 U.S.C. 153(20) on the effective date of this | ||
amendatory Act of the 96th General Assembly or as amended | ||
thereafter, or (iv) wireless services, including, but not | ||
limited to, private radio service, public mobile service, or | ||
commercial mobile service, as those terms are defined in 47 | ||
U.S.C. 332 on the effective date of this amendatory Act of the | ||
96th General Assembly or as amended thereafter.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .) | ||
(220 ILCS 5/13-900) | ||
Sec. 13-900. Authority to serve as 9-1-1 system provider; | ||
rules. | ||
(a) The General Assembly finds that it is necessary to | ||
require the certification of 9-1-1 system providers to ensure | ||
the safety of the lives and property of Illinoisans and | ||
Illinois businesses, and to otherwise protect and promote the |
public safety, health, and welfare of the citizens of this | ||
State and their property. | ||
(b) For purposes of this Section: | ||
"9-1-1 system" has the same meaning as that term is | ||
defined in Section 2.19 of the Emergency Telephone System | ||
Act. | ||
"9-1-1 system provider" means any person, corporation, | ||
limited liability company, partnership, sole | ||
proprietorship, or entity of any description whatever that | ||
acts as a system provider within the meaning of Section | ||
2.18 of the Emergency Telephone System Act. | ||
"Emergency Telephone System Board" has the same | ||
meaning as that term is defined in Sections 2.11 and 15.4 | ||
of the Emergency Telephone System Act. | ||
"Public safety agency personnel" means personnel | ||
employed by a public safety agency, as that term is defined | ||
in Section 2.02 of the Emergency Telephone System Act, | ||
whose responsibilities include responding to requests for | ||
emergency services. | ||
(c) Except as otherwise provided in this Section, beginning | ||
July 1, 2010, it is unlawful for any 9-1-1 system provider to | ||
offer or provide or seek to offer or provide to any emergency | ||
telephone system board or 9-1-1 system, or agent, | ||
representative, or designee thereof, any network and database | ||
service used or intended to be used by any emergency telephone | ||
system board or 9-1-1 system for the purpose of answering, |
transferring, or relaying requests for emergency services, or | ||
dispatching public safety agency personnel in response to | ||
requests for emergency services, unless the 9-1-1 system | ||
provider has applied for and received a Certificate of 9-1-1 | ||
System Provider Authority from the Commission. The Commission | ||
shall approve an application for a Certificate of 9-1-1 System | ||
Provider Authority upon a showing by the applicant, and a | ||
finding by the Commission, after notice and hearing, that the | ||
applicant possesses sufficient technical, financial, and | ||
managerial resources and abilities to provide network service | ||
and database services that it seeks authority to provide in its | ||
application for service authority, in a safe, continuous, and | ||
uninterrupted manner. | ||
(d) No incumbent local exchange carrier that provides, as | ||
of the effective date of this amendatory Act of the 96th | ||
General Assembly, any 9-1-1 network and 9-1-1 database service | ||
used or intended to be used by any Emergency Telephone System | ||
Board or 9-1-1 system, shall be required to obtain a | ||
Certificate of 9-1-1 System Provider Authority under this | ||
Section. No entity that possesses, as of the effective date of | ||
this amendatory Act of the 96th General Assembly, a Certificate | ||
of Service Authority and provides 9-1-1 network and 9-1-1 | ||
database services to any incumbent local exchange carrier as of | ||
the effective date of this amendatory Act of the 96th General | ||
Assembly shall be required to obtain a Certificate of 9-1-1 | ||
System Provider Authority under this Section. |
(e) Any and all enforcement authority granted to the | ||
Commission under this Section shall apply exclusively to 9-1-1 | ||
system providers granted a Certificate of Service Authority | ||
under this Section and shall not apply to incumbent local | ||
exchange carriers that are providing 9-1-1 service as of the | ||
effective date of this amendatory Act of the 96th General | ||
Assembly.
| ||
(Source: P.A. 96-25, eff. 6-30-09 .) | ||
(220 ILCS 5/13-900.1) | ||
Sec. 13-900.1. Authority over 9-1-1 rates and terms of | ||
service. Notwithstanding any other provision of this Article, | ||
the Commission retains its full authority over the rates and | ||
service quality as they apply to 9-1-1 system providers, | ||
including the Commission's existing authority over | ||
interconnection with 9-1-1 system providers and 9-1-1 systems. | ||
The rates, terms, and conditions for 9-1-1 service shall be | ||
tariffed and shall be provided in the manner prescribed by this | ||
Act and shall be subject to the applicable laws, including | ||
rules or regulations adopted and orders issued by the | ||
Commission or the Federal Communications Commission. The | ||
Commission retains this full authority regardless of the | ||
technologies utilized or deployed by 9-1-1 system providers.
| ||
(Source: P.A. 96-927, eff. 6-15-10; 97-333, eff. 8-12-11 .) | ||
(220 ILCS 5/13-900.2) |
Sec. 13-900.2. Access services. | ||
(a) This Section shall apply to switched access rates | ||
charged by all carriers other than Electing Providers whose | ||
switched access rates are governed by subsection (g) of Section | ||
13-506.2 of this Act. | ||
(b) Except as otherwise provided in subsection (c) of this | ||
Section, the rates of any telecommunications carrier, | ||
including, but not limited to, competitive local exchange | ||
carriers, providing intrastate switched access service shall | ||
be reduced to rates no higher than the carrier's rates for | ||
interstate switched access service as follows: | ||
(1) by January 1, 2011, each telecommunications | ||
carrier must reduce its intrastate switched access rates by | ||
an amount equal to 50% of the difference between its then | ||
current intrastate switched access rates and its then | ||
current interstate switched access rates; | ||
(2) by January 1, 2012, each telecommunications | ||
carrier must further reduce its intrastate switched access | ||
rates by an amount equal to 50% of the difference between | ||
its then current intrastate switched access rates and its | ||
then current interstate switched access rates; | ||
(3) by July 1, 2012, each telecommunications carrier | ||
must reduce its intrastate switched access rates to mirror | ||
its then current interstate switched access rates and rate | ||
structure. | ||
Following 24 months after the effective date of this |
amendatory Act of the 96th General Assembly, each | ||
telecommunications carrier must continue to set its intrastate | ||
switched access rates to mirror its interstate switched access | ||
rates and rate structure. For purposes of this Section, the | ||
rate for intrastate switched access service means the | ||
composite, per-minute rate for that service, including all | ||
applicable fixed and traffic-sensitive charges, including, but | ||
not limited to, carrier common line charges. | ||
(c) Subsection (b) of this Section shall not apply to | ||
incumbent local exchange carriers serving 35,000 or fewer | ||
access lines. | ||
(d) Nothing in subsection (b) of this Section prohibits a | ||
telecommunications carrier from electing to offer intrastate | ||
switched access service at rates lower than its interstate | ||
rates. | ||
(e) The Commission shall have no authority to order a | ||
telecommunications carrier to set its rates for intrastate | ||
switched access at a level lower than its interstate switched | ||
access rates.
| ||
(Source: P.A. 96-927, eff. 6-15-10 .)
| ||
(220 ILCS 5/13-900.3)
| ||
Sec. 13-900.3. Regulatory flexibility for 9-1-1 system | ||
providers. | ||
(a) For purposes of this Section, "Regional Pilot Project" | ||
to implement next generation 9-1-1 has the same meaning as that |
term is defined in Section 2.22 of the Emergency Telephone | ||
System Act. | ||
(b)
For the limited purpose of a Regional Pilot Project to | ||
implement next generation 9-1-1, as defined in Section 13-900 | ||
of this Article, the Commission may forbear from applying any | ||
rule or provision of Section 13-900 as it applies to | ||
implementation of the Regional Pilot Project to implement next | ||
generation 9-1-1 if the Commission determines, after notice and | ||
hearing, that:
(1) enforcement of the rule is not necessary to | ||
ensure the development and improvement of emergency | ||
communication procedures and facilities in such a manner as to | ||
be able to quickly respond to any person requesting 9-1-1 | ||
services from police, fire, medical, rescue, and other | ||
emergency services;
(2) enforcement of the rule or provision is | ||
not necessary for the protection of consumers; and
(3) | ||
forbearance from applying such provisions or rules is | ||
consistent with the public interest.
The Commission may | ||
exercise such forbearance with respect to one, and only one, | ||
Regional Pilot Project as authorized by Sections 10 and 11 of | ||
the Emergency Telephone Systems Act to implement next | ||
generation 9-1-1.
| ||
(Source: P.A. 96-1443, eff. 8-20-10; 97-333, eff. 8-12-11 .)
| ||
(220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
| ||
Sec. 13-901. Operator Service Provider.
| ||
(a) For the purposes of this Section:
|
(1) "Operator service provider" means every | ||
telecommunications
carrier that provides operator services | ||
or any other person or entity that the
Commission | ||
determines is providing operator services.
| ||
(2) "Aggregator" means any person or entity that is not | ||
an operator
service provider and that in the ordinary | ||
course of its operations
makes telephones available to the | ||
public or to transient users of its
premises including, but | ||
not limited to, a hotel, motel, hospital, or
university for | ||
telephone calls between points within this State that are
| ||
specified by the user using an operator service provider.
| ||
(3) "Operator services" means any telecommunications | ||
service that
includes, as a component, any automatic or | ||
live assistance to a consumer to
arrange for billing or | ||
completion, or both, of a telephone call between points
| ||
within this State that are specified by the user through a | ||
method other than:
| ||
(A) automatic completion with billing to the | ||
telephone from which the
call originated;
| ||
(B) completion through an access code or a | ||
proprietory account number
used by the consumer, with | ||
billing to an account previously established with
the | ||
carrier by the consumer; or
| ||
(C) completion in association with directory | ||
assistance services.
| ||
(b) The Commission shall, by rule or order, adopt and |
enforce
operating requirements for the provision of | ||
operator-assisted services.
The rules shall apply to operator | ||
service providers and to aggregators. The
rules shall be | ||
compatible with the rules adopted by the Federal Communications
| ||
Commission under the federal Telephone Operator Consumer | ||
Services Improvement
Act of 1990. These requirements shall | ||
address, but not necessarily be limited
to, the following:
| ||
(1) oral and written notification of the identity of | ||
the operator
service provider and the availability of | ||
information regarding operator
service provider rates, | ||
collection methods, and complaint resolution methods;
| ||
(2) restrictions on billing and charges for operator | ||
services;
| ||
(3) restrictions on "call splashing" as that term is | ||
defined in 47
C.F.R. Section 64.708;
| ||
(4) access to other telecommunications carriers by the | ||
use of access
codes including, but not limited to 800, 888, | ||
950,
and 10XXX numbers;
| ||
(5) the appropriate routing and handling of emergency | ||
calls;
| ||
(6) the enforcement of these rules through
tariffs for | ||
operator services and by a requirement that operator | ||
service
providers withhold payment of compensation to | ||
aggregators that have been found
to be noncomplying by the | ||
Commission.
| ||
(c) The Commission shall adopt any rule necessary to make |
rules previously
adopted under this Section compatible with the | ||
rules of the Federal
Communications Commission no later than | ||
one year after the effective date of
this amendatory Act of | ||
1993.
| ||
(d) A violation of any rule adopted by the Commission under | ||
subsection (b)
is a business offense subject to a fine of not | ||
less than $1,000 nor more than
$5,000. In addition, the | ||
Commission may, after notice and hearing, order any
| ||
telecommunications carrier to terminate service to any | ||
aggregator found to have
violated any rule.
| ||
(Source: P.A. 90-38, eff. 6-27-97; 91-49, eff. 6-30-99 .)
| ||
(220 ILCS 5/13-902)
| ||
Sec. 13-902.
Authorization and verification of a | ||
subscriber's change in
telecommunications
carrier.
| ||
(a) Definitions; scope.
| ||
(1) "Submitting carrier" means any telecommunications
| ||
carrier that
requests on behalf of a subscriber that the | ||
subscriber's telecommunications
carrier be
changed and | ||
seeks to provide retail services to the end user | ||
subscriber.
| ||
(2) "Executing carrier" means any telecommunications | ||
carrier
that
effects a request that a subscriber's | ||
telecommunications carrier be changed.
| ||
(3) "Authorized carrier" means any telecommunications
| ||
carrier that
submits a change, on behalf of a subscriber, |
in the subscriber's selection of a
provider of
| ||
telecommunications service with the subscriber's | ||
authorization verified in
accordance
with the procedures | ||
specified in this Section.
| ||
(4) "Unauthorized carrier" means any | ||
telecommunications
carrier
that submits a change, on | ||
behalf of a subscriber, in the subscriber's selection
of a
| ||
provider of telecommunications service but fails to obtain | ||
the subscriber's
authorization
verified in accordance with | ||
the procedures specified in this Section.
| ||
(5) "Unauthorized change" means a change in a | ||
subscriber's selection
of a
provider of telecommunications | ||
service that was made without authorization
verified in
| ||
accordance with the verification procedures specified in | ||
this Section.
| ||
(6) "Subscriber" means:
| ||
(A) the party identified in the account records of | ||
a common carrier as
responsible for payment of the | ||
telephone bill;
| ||
(B) any adult person authorized by such party to | ||
change
telecommunications services or to charge | ||
services to the account; or
| ||
(C) any person contractually or otherwise lawfully | ||
authorized to
represent such party.
| ||
This Section does not apply to retail business subscribers | ||
served by
more than 20 lines.
|
(b) Authorization from the subscriber. "Authorization" | ||
means an express,
affirmative
act by a subscriber agreeing to | ||
the change in the subscriber's
telecommunications carrier to
| ||
another carrier. A subscriber's telecommunications service | ||
shall be provided
by the
telecommunications carrier selected by | ||
the subscriber.
| ||
(c) Authorization and verification of orders for | ||
telecommunications service.
| ||
(1) No telecommunications carrier shall submit or | ||
execute a change on
behalf
of a subscriber in the | ||
subscriber's selection of a provider of
telecommunications | ||
service
except in accordance with the procedures | ||
prescribed in this subsection.
| ||
(2) No submitting carrier shall submit a change on the | ||
behalf of a
subscriber in
the subscriber's selection of a | ||
provider of telecommunications service prior
to obtaining:
| ||
(A) authorization from the subscriber; and
| ||
(B) verification of that authorization in | ||
accordance with the procedures
prescribed in this | ||
Section.
| ||
The submitting carrier shall maintain and preserve
records | ||
of verification of subscriber authorization for a minimum | ||
period of 2
years after obtaining such verification.
| ||
(3) An executing carrier shall not verify the | ||
submission of a change in a
subscriber's selection of a | ||
provider of telecommunications service received
from a
|
submitting carrier. For an executing carrier, compliance | ||
with the procedures
described in
this Section shall be | ||
defined as prompt execution, without any unreasonable
| ||
delay, of
changes that have been verified by a submitting | ||
carrier.
| ||
(4) Commercial mobile radio services (CMRS) providers | ||
shall be excluded
from
the verification requirements of | ||
this Section as long as they are not required
to provide | ||
equal
access to common carriers for the provision of | ||
telephone toll services, in
accordance
with 47 U.S.C. | ||
332(c)(8).
| ||
(5) Where a telecommunications carrier is selling more | ||
than one type of
telecommunications service (e.g., local | ||
exchange, intraLATA/intrastate toll,
interLATA/interstate | ||
toll, and international toll), that carrier must obtain
| ||
separate
authorization from the subscriber for each | ||
service sold, although the
authorizations may
be made | ||
within the same solicitation. Each authorization must be | ||
verified
separately
from any other authorizations obtained | ||
in the same solicitation. Each
authorization must
be | ||
verified in accordance with the verification procedures | ||
prescribed in this
Section.
| ||
(6) No telecommunications carrier shall submit a | ||
preferred carrier change
order
unless and until the order | ||
has been confirmed in accordance with one of the
following
| ||
procedures:
|
(A) The telecommunications carrier has obtained | ||
the subscriber's written
or electronically signed | ||
authorization in a form that meets the requirements of
| ||
subsection (d).
| ||
(B) The telecommunications carrier has obtained | ||
the subscriber's
electronic authorization to submit | ||
the preferred carrier change order. Such
authorization | ||
must be placed from the telephone number or numbers on | ||
which the
preferred carrier is to be changed and must | ||
confirm the information in
subsections (b) and (c) of | ||
this Section. Telecommunications carriers electing
to
| ||
confirm sales electronically shall establish one or | ||
more toll-free telephone
numbers exclusively for that | ||
purpose. Calls to the toll-free telephone
numbers must | ||
connect a
subscriber to a voice response unit, or | ||
similar mechanism, that records the
required | ||
information regarding the preferred carrier change, | ||
including
automatically recording the originating | ||
automatic number identification.
| ||
(C) An appropriately qualified independent third | ||
party has obtained, in
accordance with the procedures | ||
set forth in paragraphs (7) through (10) of this
| ||
subsection, the subscriber's oral authorization to | ||
submit the preferred carrier
change order that | ||
confirms and includes appropriate verification data. | ||
The
independent third party must not be owned, managed, |
controlled, or directed by
the carrier or the carrier's | ||
marketing agent; must not have any financial
incentive
| ||
to confirm preferred carrier change orders for the | ||
carrier or the carrier's
marketing agent; and must | ||
operate in a location physically separate from the
| ||
carrier or the carrier's marketing agent.
| ||
(7) Methods of third party verification. Automated | ||
third party
verification
systems and three-way conference | ||
calls may be used for verification purposes so
long as
the | ||
requirements of paragraphs (8) through (10) of this | ||
subsection
are satisfied.
| ||
(8) Carrier initiation of third party verification. A | ||
carrier or a
carrier's sales
representative initiating a | ||
three-way conference call or a call through an
automated
| ||
verification system must drop off the call once the | ||
three-way connection has
been
established.
| ||
(9) Requirements for content and format of third party | ||
verification. All
third
party verification methods shall | ||
elicit, at a minimum, the identity of the
subscriber;
| ||
confirmation that the person on the call is authorized to | ||
make the carrier
change;
confirmation that the person on | ||
the call wants to make the carrier change; the
names of
the | ||
carriers affected by the change; the telephone numbers to | ||
be switched; and
the types
of service involved. Third party | ||
verifiers may not market the carrier's
services by
| ||
providing additional information, including information |
regarding preferred
carrier
freeze procedures.
| ||
(10) Other requirements for third party verification. | ||
All third party
verifications
shall be conducted in the | ||
same language that was used in the underlying sales
| ||
transaction
and shall be recorded in their entirety. In | ||
accordance with the procedures set
forth in
paragraph | ||
(2)(B) of this subsection, submitting carriers shall | ||
maintain and
preserve
audio records of verification of | ||
subscriber authorization for a minimum period
of 2
years | ||
after obtaining such verification. Automated systems must | ||
provide
consumers with
an option to speak with a live | ||
person at any time during the call.
| ||
(11) Telecommunications carriers must provide | ||
subscribers the option of
using
one of the authorization | ||
and verification procedures specified in paragraph (6)
of | ||
this
subsection in addition to an electronically signed | ||
authorization and
verification
procedure under paragraph | ||
(6)(A) of this subsection.
| ||
(d) Letter of agency form and content.
| ||
(1) A telecommunications carrier may use a written or | ||
electronically
signed letter
of agency to obtain | ||
authorization or verification, or both, of a subscriber's
| ||
request
to change
his or her preferred carrier selection. A | ||
letter of agency that does not
conform with this
Section is | ||
invalid for purposes of this Section.
| ||
(2) The letter of agency shall be a separate document |
(or an easily
separable
document) or located on a separate | ||
screen or webpage containing only the
authorizing
language | ||
described in paragraph (5) of this subsection having the | ||
sole purpose
of
authorizing a telecommunications carrier | ||
to initiate a preferred carrier
change. The letter
of | ||
agency must be signed and dated by the subscriber to the | ||
telephone line or
lines
requesting
the preferred carrier | ||
change.
| ||
(3) The letter of agency shall not be combined on the | ||
same document,
screen, or
webpage with inducements of any | ||
kind.
| ||
(4) Notwithstanding paragraphs (2) and (3) of this | ||
subsection, the letter
of agency
may be combined with | ||
checks that contain only the required letter of agency
| ||
language as
prescribed in paragraph (5) of this subsection | ||
and the necessary information to
make the
check a | ||
negotiable instrument. The letter of agency check shall not | ||
contain any
promotional language or material. The letter of | ||
agency check shall contain in
easily
readable, bold-face | ||
type on the front of the check, a notice that the
| ||
subscriber is
authorizing a preferred carrier change by | ||
signing the check. The letter of
agency
language shall be | ||
placed near the signature line on the back of the check.
| ||
(5) At a minimum, the letter of agency must be printed | ||
with a type of
sufficient
size and readability to be | ||
clearly legible and must contain clear and
unambiguous
|
language that confirms:
| ||
(A) The subscriber's billing name and address and | ||
each telephone number
to be covered by the preferred | ||
carrier change order;
| ||
(B) The decision to change the preferred carrier | ||
from the current
telecommunications carrier to the | ||
soliciting telecommunications carrier;
| ||
(C) That the subscriber designates (insert the | ||
name of the submitting
carrier) to act as the | ||
subscriber's agent for the preferred carrier change;
| ||
(D) That the subscriber understands that only one | ||
telecommunications
carrier may be designated as the | ||
subscriber's interstate or interLATA preferred
| ||
interexchange carrier for any one telephone number. To | ||
the extent that a
jurisdiction allows the selection of | ||
additional preferred carriers (e.g., local
exchange, | ||
intraLATA/intrastate toll, interLATA/interstate toll, | ||
or
international
interexchange) the letter of agency | ||
must contain separate statements regarding
those | ||
choices, although a separate letter of agency for each | ||
choice is not
necessary; and
| ||
(E) That the subscriber may consult with the | ||
carrier as to whether a fee
will apply to the change in | ||
the subscriber's preferred carrier.
| ||
(6) Any carrier designated in a letter of agency as a | ||
preferred carrier
must be the
carrier directly setting the |
rates for the subscriber.
| ||
(7) Letters of agency shall not suggest or require that | ||
a subscriber take
some
action in order to retain the | ||
subscriber's current telecommunications carrier.
| ||
(8) If any portion of a letter of agency is translated | ||
into another
language
then all
portions of the letter of | ||
agency must be translated into that language. Every
letter | ||
of
agency must be translated into the same language as any | ||
promotional materials,
oral
descriptions, or instructions | ||
provided with the letter of agency.
| ||
(9) Letters of agency submitted with an electronically | ||
signed
authorization
must
include the consumer disclosures | ||
required by Section 101(c) of the Electronic
Signatures
in | ||
Global and National Commerce Act.
| ||
(10) A telecommunications carrier shall submit a | ||
preferred carrier change
order
on behalf of a subscriber | ||
within no more than 60 days after obtaining a written
or
| ||
electronically signed letter of agency.
| ||
(11) If a telecommunications carrier uses a letter of | ||
agency, the carrier
shall send
a letter to the subscriber | ||
using first class mail, postage prepaid, no later
than 10 | ||
days
after the telecommunications carrier submitting the | ||
change in the subscriber's
telecommunications carrier is | ||
on notice that the change has occurred. The
letter must
| ||
inform the subscriber of the details of the | ||
telecommunications carrier change
and
provide the |
subscriber with a toll free number to call should the | ||
subscriber
wish to
cancel the change.
| ||
(e) A switch in a subscriber's selection of a provider of | ||
telecommunications
service that
complies with the rules | ||
promulgated by the Federal Communications Commission
and any
| ||
amendments thereto shall be deemed to be in compliance with the | ||
provisions of
this Section.
| ||
(f) The Commission shall promulgate any rules necessary to | ||
administer this
Section.
The rules promulgated under this | ||
Section shall comport with the rules, if any,
promulgated by
| ||
the Attorney General pursuant to the Consumer Fraud and | ||
Deceptive Business
Practices Act
and with any rules promulgated | ||
by the Federal Communications Commission.
| ||
(g) Complaints may be filed with the Commission under this | ||
Section by a
subscriber
whose telecommunications service has | ||
been provided by an unauthorized
telecommunications
carrier as | ||
a result of an unreasonable delay, by a subscriber whose
| ||
telecommunications carrier
has been changed to another | ||
telecommunications carrier in a manner not in
compliance with
| ||
this Section,
by a subscriber's authorized telecommunications | ||
carrier that has been removed
as a
subscriber's | ||
telecommunications carrier in a manner not in compliance with | ||
this
Section, by
a subscriber's
authorized submitting carrier | ||
whose change order was delayed unreasonably, or
by the
| ||
Commission on its own motion. Upon filing of the complaint, the | ||
parties may
mutually agree
to submit the complaint to the |
Commission's established mediation process.
Remedies in the
| ||
mediation process may include, but shall not be limited to, the | ||
remedies set
forth in this
subsection. In its discretion, the | ||
Commission may deny the availability of the
mediation
process | ||
and submit the complaint to hearings. If the complaint is not
| ||
submitted to mediation
or if no agreement is reached during the | ||
mediation process, hearings shall be
held on the
complaint. If, | ||
after notice and hearing, the Commission finds that a
| ||
telecommunications carrier
has violated this Section or a rule | ||
promulgated under this Section, the
Commission may in its
| ||
discretion do any one or more of the following:
| ||
(1) Require the violating telecommunications carrier | ||
to refund to the
subscriber
all fees and charges collected | ||
from the subscriber for services up to the time
the
| ||
subscriber receives written notice of the fact that the | ||
violating carrier is
providing
telecommunications service | ||
to the subscriber, including notice
on the subscriber's | ||
bill.
For unreasonable delays wherein telecommunications | ||
service is provided by an
unauthorized carrier, the | ||
Commission may require the violating carrier to
refund to | ||
the
subscriber all fees and charges collected from the | ||
subscriber during the
unreasonable
delay. The Commission | ||
may order the remedial action outlined in this
subsection | ||
only
to the extent that the same remedial action is allowed | ||
pursuant to rules or
regulations
promulgated by the Federal | ||
Communications Commission.
|
(2) Require the violating telecommunications carrier | ||
to refund to the
subscriber
charges collected in excess of | ||
those that would have been charged by the
subscriber's
| ||
authorized telecommunications carrier.
| ||
(3) Require the violating telecommunications carrier | ||
to pay to the
subscriber's
authorized telecommunications | ||
carrier the amount the authorized
telecommunications
| ||
carrier would have collected for the telecommunications | ||
service. The
Commission is
authorized to reduce this | ||
payment by any amount already paid by the violating
| ||
telecommunications carrier to the subscriber's authorized | ||
telecommunications
carrier for
those telecommunications | ||
services.
| ||
(4) Require the violating telecommunications carrier | ||
to pay a fine of up
to $1,000
into the Public Utility Fund | ||
for each repeated and intentional violation of
this | ||
Section.
| ||
(5) Issue a cease and desist order.
| ||
(6) For a pattern of violation of this Section or for | ||
intentionally
violating a
cease and
desist order, revoke | ||
the violating telecommunications carrier's certificate of
| ||
service authority.
| ||
(Source: P.A. 92-22, eff. 6-30-01 .)
| ||
(220 ILCS 5/13-903)
| ||
Sec. 13-903. Authorization, verification or notification, |
and dispute
resolution for
covered product and service charges | ||
on the telephone bill. | ||
(a) Definitions. As used in this Section:
| ||
(1) "Subscriber" means a
telecommunications
carrier's | ||
retail business customer served by not more than 20 lines | ||
or a retail
residential
customer.
| ||
(2) "Telecommunications carrier" has the
meaning given | ||
in Section 13-202 of the Public Utilities Act and includes | ||
agents
and
employees of a telecommunications carrier, | ||
except that "telecommunications
carrier"
does not include | ||
a provider of commercial mobile radio services (as defined | ||
by
47
U.S.C. 332(d)(1)).
| ||
(b) Applicability of Section. This Section does not apply | ||
to:
| ||
(1) changes in a subscriber's local exchange | ||
telecommunications service
or interexchange | ||
telecommunications service;
| ||
(2) message telecommunications charges that are | ||
initiated by dialing 1+,
0+, 0-, 1010XXX, or collect calls | ||
and charges for video services if the service
provider has | ||
the necessary call detail record to establish the billing | ||
for the
call or
service; and
| ||
(3) telecommunications services available on a | ||
subscriber's line when the
subscriber activates and pays | ||
for the services on a per use basis.
| ||
(c) Requirements for billing authorized charges. A |
telecommunications
carrier shall
meet all of the following | ||
requirements before submitting charges for any
product or | ||
service to
be billed on any subscriber's telephone bill:
| ||
(1) Inform the subscriber. The telecommunications | ||
carrier offering the
product
or service must thoroughly | ||
inform the subscriber of the product or service
being
| ||
offered, including all associated charges, and explicitly | ||
inform the
subscriber that
the associated charges for the | ||
product or service will appear on the
subscriber's
| ||
telephone bill.
| ||
(2) Obtain subscriber authorization. The subscriber | ||
must have clearly and
explicitly
consented to obtaining the | ||
product or service offered and to having the
associated | ||
charges
appear on the subscriber's telephone bill. The | ||
consent must be verified by the
service
provider in | ||
accordance with subsection (d) of this Section. A record of | ||
the
consent must
be maintained by the telecommunications | ||
carrier offering the product or service
for at
least 24 | ||
months immediately after the consent and verification were | ||
obtained.
| ||
(d) Verification or notification. Except in | ||
subscriber-initiated
transactions with a
certificated | ||
telecommunications carrier for which the telecommunications
| ||
carrier has the
appropriate documentation, the | ||
telecommunications carrier, after obtaining the
subscriber's
| ||
authorization in the required manner, shall either verify the |
authorization or
notify the
subscriber as follows:
| ||
(1) Independent third-party verification:
| ||
(A) Verification shall be obtained by an | ||
independent third party
that:
| ||
(i) operates from a facility physically | ||
separate from that
of the telecommunications | ||
carrier;
| ||
(ii) is not directly or indirectly managed, | ||
controlled,
directed, or owned wholly or in part by | ||
the telecommunications
carrier or the carrier's | ||
marketing agent; and
| ||
(iii) does not derive commissions or | ||
compensation based
upon the number of sales | ||
confirmed.
| ||
(B) The third-party verification agent shall | ||
state, and shall
obtain the subscriber's | ||
acknowledgment of, the following disclosures:
| ||
(i) the subscriber's name, address, and the | ||
telephone
numbers of all telephone lines that will | ||
be charged for the
product or service of the | ||
telecommunications carrier;
| ||
(ii) that the person speaking to the third | ||
party verification
agent is in fact the | ||
subscriber;
| ||
(iii) that the subscriber wishes to purchase | ||
the product or
service of the telecommunications |
carrier and is agreeing to do so;
| ||
(iv) that the subscriber understands that the | ||
charges for the
product or service of the | ||
telecommunications carrier will appear
on the | ||
subscriber's telephone bill; and
| ||
(v) the name and customer service telephone | ||
number of
the telecommunications carrier.
| ||
(C) The telecommunications carrier shall retain, | ||
electronically
or otherwise, proof of the verification | ||
of sales for a minimum of 24
months.
| ||
(2) Notification. Written notification shall be | ||
provided as follows:
| ||
(A) the telecommunications carrier shall mail a | ||
letter to the
subscriber using first class mail, | ||
postage prepaid, no later than 10 days
after initiation | ||
of the product or service;
| ||
(B) the letter shall be a separate document sent | ||
for the sole
purpose of describing the product or | ||
service of the telecommunications
carrier;
| ||
(C) the letter shall be printed with 10-point or | ||
larger type and
clearly and conspicuously disclose the | ||
material terms and conditions of
the offer of the | ||
telecommunications carrier, as described in paragraph | ||
(1)
of subsection (c);
| ||
(D) the letter shall contain a toll-free telephone | ||
number the
subscriber can call to cancel the product or |
service;
| ||
(E) the telecommunications carrier shall retain, | ||
electronically
or otherwise, proof of written | ||
notification for a minimum of 24 months; and
| ||
(F) written notification can be provided via | ||
electronic mail if
consumers are given the disclosures | ||
required by Section 101(c) of the
Electronic | ||
Signatures in Global and National Commerce Act.
| ||
(e) Unauthorized charges.
| ||
(1) Responsibilities of the billing telecommunications | ||
carrier for
unauthorized
charges. If a subscriber's | ||
telephone bill is charged for any product or
service | ||
without
proper subscriber authorization and verification | ||
or notification of
authorization in
compliance with this | ||
Section, the telecommunications carrier that billed the
| ||
subscriber,
on its knowledge or notification of any | ||
unauthorized charge, shall promptly,
but not later
than 45 | ||
days after the date of the knowledge or notification of an | ||
unauthorized
charge:
| ||
(A) notify the product or service provider to | ||
immediately cease charging
the subscriber for the | ||
unauthorized product or service;
| ||
(B) remove the unauthorized charge from the | ||
subscriber's bill; and
| ||
(C) refund or credit to the subscriber all money | ||
that the subscriber has
paid for any unauthorized |
charge.
| ||
(f) The Commission shall promulgate any rules necessary to | ||
ensure that
subscribers are
not billed on the telephone bill | ||
for products or services in a manner not in
compliance with | ||
this
Section. The rules promulgated under this Section shall | ||
comport with the
rules, if any,
promulgated by the Attorney | ||
General pursuant to the Consumer Fraud and
Deceptive Business
| ||
Practices Act and with any rules promulgated by the Federal | ||
Communications
Commission or
Federal Trade Commission.
| ||
(g) Complaints may be filed with the Commission under this | ||
Section by a
subscriber
who has been billed on the telephone | ||
bill for products or services not in
compliance with this
| ||
Section or by the Commission on its own motion. Upon filing of | ||
the complaint,
the parties
may mutually agree to submit the | ||
complaint to the Commission's established
mediation
process. | ||
Remedies in the mediation process may include, but shall not be
| ||
limited to, the
remedies set forth in paragraphs (1) through | ||
(4) of this subsection. In its
discretion, the
Commission may | ||
deny the availability of the mediation process and submit the
| ||
complaint to
hearings. If the complaint is not submitted to | ||
mediation or if no agreement is
reached during
the mediation | ||
process, hearings shall be held on the complaint pursuant to
| ||
Article X of this
Act. If after notice and hearing, the | ||
Commission finds that a
telecommunications carrier has
| ||
violated this Section or a rule promulgated under this Section, | ||
the Commission
may in its
discretion order any one or more of |
the following:
| ||
(1) Require the violating telecommunications carrier | ||
to pay a fine of up
to $1,000
into the Public Utility Fund | ||
for each repeated and intentional violation of
this | ||
Section.
| ||
(2) Require the violating carrier to refund or cancel | ||
all charges for
products
or
services not billed in | ||
compliance with this Section.
| ||
(3) Issue a cease and desist order.
| ||
(4) For a pattern of violation of this Section or for | ||
intentionally
violating a
cease
and desist order, revoke | ||
the violating telecommunications carrier's certificate
of | ||
service
authority.
| ||
(Source: P.A. 98-756, eff. 7-16-14 .)
| ||
(220 ILCS 5/13-904 new) | ||
Sec. 13-904. Continuation of Article; validation. | ||
(a) The General Assembly finds and declares that this | ||
amendatory Act of the 100th General Assembly manifests the | ||
intention of the General Assembly to extend the repeal of this | ||
Article and have this Article continue in effect until December | ||
31, 2020. | ||
(b) This Article shall be deemed to have been in continuous | ||
effect since July 1, 2017 and it shall continue to be in effect | ||
henceforward until it is otherwise lawfully repealed. All | ||
previously enacted amendments to this Article taking effect on |
or after July 1, 2017, are hereby validated. All actions taken | ||
in reliance on or under this Article by the Illinois Commerce | ||
Commission or any other person or entity are hereby validated. | ||
(c) In order to ensure the continuing effectiveness of this | ||
Article, it is set forth in full and reenacted by this | ||
amendatory Act of the 100th General Assembly. Striking and | ||
underscoring are used only to show changes being made to the | ||
base text. This reenactment is intended as a continuation of | ||
this Article. It is not intended to supersede any amendment to | ||
this Article that is enacted by the 100th General Assembly. | ||
(220 ILCS 5/13-1200) | ||
Sec. 13-1200. Repealer. This Article is repealed December | ||
31, 2020 July 1, 2017 . | ||
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | ||
(220 ILCS 5/Art. XXI heading)
| ||
ARTICLE XXI. CABLE AND VIDEO COMPETITION
| ||
(Source: P.A. 95-9, eff. 6-30-07 .) | ||
(220 ILCS 5/21-100) | ||
Sec. 21-100. Short title. This Article may be cited as the | ||
Cable and Video Competition Law of 2007.
| ||
(Source: P.A. 95-9, eff. 6-30-07 .) | ||
(220 ILCS 5/21-101) |
Sec. 21-101. Findings. With respect to cable and video | ||
competition, the General Assembly finds that: | ||
(a) The economy in the State of Illinois will be | ||
enhanced by investment in new communications, cable | ||
services, and video services infrastructure, including | ||
broadband facilities, fiber optic, and Internet protocol | ||
technologies. | ||
(b) Cable services and video services bring important | ||
daily benefits to Illinois consumers by providing news, | ||
education, and entertainment. | ||
(c) Competitive cable service and video service | ||
providers are capable of providing new video programming | ||
services and competition to Illinois consumers and of | ||
decreasing the prices for video programming services paid | ||
by Illinois consumers. | ||
(d) Although there has been some competitive entry into | ||
the facilities-based video programming market since | ||
current franchising requirements in this State were | ||
enacted, further entry by facilities-based providers could | ||
benefit consumers, provided cable and video services are | ||
equitably available to all Illinois consumers at | ||
reasonable prices. | ||
(e) The provision of competitive cable services and | ||
video services is a matter of statewide concern that | ||
extends beyond the boundaries of individual local units of | ||
government. Notwithstanding the foregoing, public |
rights-of-way are limited resources over which the | ||
municipality has a custodial duty to ensure that they are | ||
used, repaired, and maintained in a manner that best serves | ||
the public interest. | ||
(f) The State authorization process and uniform | ||
standards and procedures in this Article are intended to | ||
enable rapid and widespread entry by competitive | ||
providers, which will bring to Illinois consumers the | ||
benefits of video competition, including providing | ||
consumers with more choice, lower prices, higher speed and | ||
more advanced Internet access, more diverse and varied | ||
news, public information, education, and entertainment | ||
programming, and will bring to this State and its local | ||
units of government the benefits of new infrastructure | ||
investment, job growth, and innovation in broadband and | ||
Internet protocol technologies and deployment. | ||
(g) Providing an incumbent cable or video service | ||
provider with the option to secure a State-issued | ||
authorization through the termination of existing cable | ||
franchises between incumbent cable and video service | ||
providers and any local franchising authority is part of | ||
the new regulatory framework established by this Article. | ||
This Article is intended to best ensure equal treatment and | ||
parity among providers and technologies.
| ||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) |
(220 ILCS 5/21-101.1) | ||
Sec. 21-101.1. Applicability. The provisions of Public Act | ||
95-9
shall apply only to a holder of a cable service or video | ||
service authorization issued by the Commission pursuant to this | ||
Article, and shall not apply to any person or entity that | ||
provides cable television services under a cable television | ||
franchise issued by any municipality or county pursuant to | ||
Section 11-42-11 of the Illinois Municipal Code (65 ILCS | ||
5/11-42-11) or Section 5-1095 of the Counties Code (55 ILCS | ||
5/5-1095), unless specifically provided for herein. A local | ||
unit of government that has an existing agreement for the | ||
provision of video services with a company or entity that uses | ||
its telecommunications facilities to provide video service as | ||
of May 30, 2007 may continue to operate under that agreement or | ||
may, at its discretion, terminate the existing agreement and | ||
require the video provider to obtain a State-issued | ||
authorization under this Article.
| ||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) | ||
(220 ILCS 5/21-201) | ||
Sec. 21-201. Definitions. As used in this Article: | ||
(a) "Access" means that the cable or video provider is | ||
capable of providing cable services or video services at the | ||
household address using any technology, other than | ||
direct-to-home satellite service, that
provides 2-way
| ||
broadband Internet capability and video programming, content, |
and functionality, regardless of whether any customer has | ||
ordered service or whether the owner or landlord or other | ||
responsible person has granted access to the household. If more | ||
than one technology is used, the technologies shall provide | ||
similar 2-way
broadband Internet accessibility and similar | ||
video programming. | ||
(b) "Basic cable or video service" means any cable or video | ||
service offering or tier that
includes the retransmission of | ||
local television broadcast signals. | ||
(c) "Broadband service" means a high speed service | ||
connection to the public Internet capable of supporting, in at | ||
least one direction, a speed in excess of 200 kilobits per | ||
second (kbps) to the network demarcation point at the | ||
subscriber's premises. | ||
(d) "Cable operator" means that term as defined in item (5) | ||
of 47 U.S.C. 522. | ||
(e) "Cable service" means that term as defined in item (6) | ||
of 47 U.S.C. 522. | ||
(f) "Cable system" means that term as defined in item (7) | ||
of 47 U.S.C. 522. | ||
(g) "Commission" means the Illinois Commerce Commission. | ||
(h) "Competitive cable service or video service provider" | ||
means a person or entity that is providing or seeks to provide | ||
cable service or video service in an area where there is at | ||
least one incumbent cable operator. | ||
(i) "Designated market area" means a designated market |
area, as determined by Nielsen Media Research and published in | ||
the 1999-2000 Nielsen Station Index Directory and Nielsen | ||
Station Index United States Television Household Estimates or | ||
any successor publication. For any designated market area that | ||
crosses State lines, only households in the portion of the | ||
designated market area that is located within the holder's | ||
telecommunications service area in the State where access to | ||
video service will be offered shall be considered. | ||
(j) "Footprint" means the geographic area designated by the | ||
cable service or video service provider as the geographic area | ||
in which it will offer cable services or video services during | ||
the period of its State-issued authorization. Each footprint | ||
shall be identified in terms of either (i) exchanges, as that | ||
term is defined in Section 13-206 of this Act; (ii) a | ||
collection of United States Census Bureau Block numbers (13 | ||
digit); (iii) if the area is smaller than the areas identified | ||
in either (i) or (ii), by geographic information system digital | ||
boundaries meeting or exceeding national map accuracy | ||
standards; or (iv) local units of government. | ||
(k) "Holder" means a person or entity that has received | ||
authorization to offer or provide cable or video service from | ||
the Commission pursuant to Section 21-401 of this Article. | ||
(l) "Household" means a house, an apartment, a mobile home, | ||
a group of rooms, or a single room that is intended for | ||
occupancy as separate living quarters. Separate living | ||
quarters are those in which the occupants live and eat |
separately from any other persons in the building and that
have | ||
direct access from the outside of the building or through a | ||
common hall. This definition is consistent with the United | ||
States Census Bureau, as that definition may be amended | ||
thereafter. | ||
(m) "Incumbent cable operator" means a person or entity | ||
that provided cable services or video services in a particular | ||
area under a franchise agreement with a local unit of | ||
government pursuant to Section 11-42-11 of the Illinois | ||
Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the | ||
Counties Code (55 ILCS 5/5-1095) on January 1, 2007. | ||
(n) "Local franchising authority" means the local unit of | ||
government that has or requires a franchise with a cable | ||
operator, a provider of cable services, or a provider of video | ||
services to construct or operate a cable or video system or to | ||
offer cable services or video services under Section 11-42-11 | ||
of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section | ||
5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||
(o) "Local unit of government" means a city, village, | ||
incorporated town, or county. | ||
(p) "Low-income household" means those residential | ||
households located within the holder's existing telephone | ||
service area where the average annual household income is less | ||
than $35,000, based on the United States Census Bureau | ||
estimates adjusted annually to reflect rates of change and | ||
distribution. |
(q) "Public rights-of-way" means the areas on, below, or | ||
above a public roadway, highway, street, public sidewalk, | ||
alley, waterway, or utility easements dedicated for compatible | ||
uses. | ||
(r) "Service" means the provision of cable service
or video | ||
service
to subscribers and the interaction of subscribers with | ||
the person or entity that has received authorization to offer | ||
or provide cable or video service from the Commission pursuant | ||
to Section 21-401 of this Act. | ||
(s) "Service provider fee" means the amount paid under | ||
Section 21-801 of this Act
by the holder to a municipality, or | ||
in the case of an unincorporated service area to a county, for | ||
service areas within its territorial jurisdiction, but under no | ||
circumstances shall the service provider fee be paid to more | ||
than one local unit of government for the same portion of the | ||
holder's service area. | ||
(t) "Telecommunications service area" means the area | ||
designated by the Commission as the area in which a | ||
telecommunications company was obligated to provide | ||
non-competitive local telephone service as of February 8, 1996 | ||
as incorporated into Section 13-202.5 of this Act. | ||
(u) "Video programming" means that term as defined in item | ||
(20) of 47 U.S.C. 522. | ||
(v) "Video service" means video programming and subscriber | ||
interaction, if any, that is required for the selection or use | ||
of such video programming services, and that
is provided |
through wireline facilities located at least in part in the | ||
public rights-of-way without regard to delivery technology, | ||
including Internet protocol technology. This definition does | ||
not include any video programming provided by a commercial | ||
mobile service provider defined in subsection (d) of 47 U.S.C. | ||
332
or any video programming provided solely as part of, and | ||
via, service that enables users to access content, information, | ||
electronic mail, or other services offered over the public | ||
Internet. | ||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) | ||
(220 ILCS 5/21-301)
| ||
Sec. 21-301. Eligibility. | ||
(a) A person or entity seeking to provide cable service or | ||
video service in this State after June 30, 2007 (the effective | ||
date of Public Act 95-9)
shall either (1) obtain a State-issued | ||
authorization pursuant to Section 21-401
of the Public | ||
Utilities
Act (220 ILCS 5/21-401); (2) obtain authorization | ||
pursuant to Section 11-42-11 of the Illinois Municipal Code (65 | ||
ILCS 5/11-42-11); or (3) obtain authorization pursuant to | ||
Section 5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||
(b) An incumbent cable operator shall be eligible to apply | ||
for a State-issued authorization as provided in subsection (c) | ||
of this Section. Upon expiration of its current franchise | ||
agreement, an incumbent cable operator may obtain State | ||
authorization from the Commission pursuant to this Article or |
may pursue a franchise renewal with the appropriate local | ||
franchise authority under State and federal law. An incumbent | ||
cable operator and any successor-in-interest that receives a | ||
State-issued authorization shall be obligated to provide | ||
access to cable services or video services within any local | ||
unit of government at the same levels required by the local | ||
franchising authorities for the local unit of government on | ||
June 30, 2007 (the effective date of Public Act 95-9). | ||
(c)(1) An incumbent cable operator may elect to terminate | ||
its agreement with the local franchising authority and obtain a | ||
State-issued authorization by providing written notice to the | ||
Commission and the affected local franchising authority and any | ||
entity authorized by that franchising authority to manage | ||
public, education, and government access at least 180 days | ||
prior to its filing an application for a State-issued | ||
authorization. The existing agreement shall be terminated on | ||
the date that the Commission issues the State-issued | ||
authorization. | ||
(2) An incumbent cable operator that elects to | ||
terminate an existing agreement with a local franchising | ||
authority under this Section is responsible for remitting | ||
to the affected local franchising authority and any entity | ||
designated by that local franchising authority to manage | ||
public, education, and government access before the 46th | ||
day after the date the agreement is terminated any accrued | ||
but unpaid fees due under the terminated agreement. If that |
incumbent cable operator has credit remaining from prepaid | ||
franchise fees, such amount of the remaining credit may be | ||
deducted from any future fees the incumbent cable operator | ||
must pay to the local franchising authority pursuant to | ||
subsection (b) of Section 21-801 of this Act. | ||
(3) An incumbent cable operator that elects to | ||
terminate an existing agreement with a local franchising | ||
authority under this Section shall pay the affected local | ||
franchising authority and any entity designated by that | ||
franchising authority to manage public, education, and | ||
government access, at the time that they would have been | ||
due, all monetary payments for public, education, or | ||
government access that would have been due during the | ||
remaining term of the agreement had it not been terminated | ||
as provided in this paragraph. All payments made by an | ||
incumbent cable operator pursuant to the previous sentence | ||
of this paragraph may be credited against the fees that | ||
that operator owes under item (1) of subsection (d) of | ||
Section 21-801
of this Act. | ||
(d) For purposes of this Article, the Commission shall be | ||
the franchising authority for cable service or video service | ||
providers that apply for and obtain a State-issued | ||
authorization under this Article with regard to the footprint | ||
covered by such authorization. Notwithstanding any other | ||
provision of this Article, holders using telecommunications | ||
facilities to provide cable service or video service are not |
obligated to provide that service outside the holder's | ||
telecommunications service area. | ||
(e) Any person or entity that applies for and obtains a | ||
State-issued authorization under this Article shall not be | ||
subject to Section 11-42-11 of the Illinois Municipal Code (65 | ||
ILCS 5/11-42-11) or Section 5-1095 of the Counties Code (55 | ||
ILCS 5/5-1095), except as provided in this Article. Except as | ||
provided under this Article, neither the Commission nor any | ||
local unit of government may require a person or entity that | ||
has applied for and obtained a State-issued authorization to | ||
obtain a separate franchise or pay any franchise fee on cable | ||
service or video service.
| ||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) | ||
(220 ILCS 5/21-401) | ||
Sec. 21-401. Applications. | ||
(a)(1) A person or entity seeking to provide cable service | ||
or video service pursuant to this Article shall not use the | ||
public rights-of-way for the installation or construction of | ||
facilities for the provision of cable service or video service | ||
or offer cable service or video service until it has obtained a | ||
State-issued authorization to offer or provide cable or video | ||
service under this Section, except as provided for in item (2) | ||
of this subsection (a). All cable or video providers offering | ||
or providing service in this State shall have authorization | ||
pursuant to either (i) the Cable and Video Competition Law of |
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the | ||
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section | ||
5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||
(2) Nothing in this Section shall prohibit a local unit of | ||
government from granting a permit to a person or entity for the | ||
use of the public rights-of-way to install or construct | ||
facilities to provide cable service or video service, at its | ||
sole discretion. No unit of local government shall be liable | ||
for denial or delay of a permit prior to the issuance of a | ||
State-issued authorization. | ||
(b) The application to the Commission for State-issued | ||
authorization shall contain a completed affidavit submitted by | ||
the applicant and signed by an officer or general partner of | ||
the applicant affirming all of the following: | ||
(1) That the applicant has filed or will timely file | ||
with the Federal Communications Commission all forms | ||
required by that agency in advance of offering cable | ||
service or video service in this State. | ||
(2) That the applicant agrees to comply with all | ||
applicable federal and State statutes and regulations. | ||
(3) That the applicant agrees to comply with all | ||
applicable local unit of government regulations. | ||
(4) An exact description of the cable service or video | ||
service area where the cable service or video service will | ||
be offered during the term of the State-issued | ||
authorization. The service area shall be identified in |
terms of either (i) exchanges, as that term is defined in | ||
Section 13-206 of this Act; (ii) a collection of United | ||
States Census Bureau Block numbers (13 digit); (iii) if the | ||
area is smaller than the areas identified in either (i) or | ||
(ii), by geographic information system digital boundaries | ||
meeting or exceeding national map accuracy standards; or | ||
(iv) local unit of government. The description shall | ||
include the number of low-income households within the | ||
service area or footprint. If an applicant is an incumbent | ||
cable operator, the incumbent cable operator and any | ||
successor-in-interest shall be obligated to provide access | ||
to cable services or video services within any local units | ||
of government at the same levels required by the local | ||
franchising authorities for the local unit of government on | ||
June 30, 2007
(the effective date of Public Act 95-9),
and | ||
its application shall provide a description of an area no | ||
smaller than the service areas contained in its franchise | ||
or franchises
within the jurisdiction of the local unit of | ||
government in which it seeks to offer cable or video | ||
service. | ||
(5) The location and telephone number of the | ||
applicant's principal place of business within this State | ||
and the names of the applicant's principal executive | ||
officers who are responsible for communications concerning | ||
the application and the services to be offered pursuant to | ||
the application, the applicant's legal name, and any name |
or names under which the applicant does or will provide | ||
cable services or video services in this State. | ||
(6) A certification that the applicant has | ||
concurrently delivered a copy of the application to all | ||
local units of government that include all or any part of | ||
the service area identified in item (4) of this subsection | ||
(b)
within such local unit of government's jurisdictional | ||
boundaries. | ||
(7) The expected date that cable service or video | ||
service will be initially offered in the area identified in | ||
item (4) of this subsection (b). In the event that a holder | ||
does not offer cable services or video services within 3
| ||
months after the expected date, it shall amend its | ||
application and update the expected date service will be | ||
offered and explain the delay in offering cable services or | ||
video services. | ||
(8) For any entity that received State-issued | ||
authorization prior to this amendatory Act of the 98th | ||
General Assembly as a cable operator and that intends to | ||
proceed as a cable operator under this Article, the entity | ||
shall file a written affidavit with the Commission and | ||
shall serve a copy of the affidavit with any local units of | ||
government affected by the authorization within 30 days | ||
after the effective date of this amendatory Act of the 98th | ||
General Assembly stating that the holder will be providing | ||
cable service under the State-issued authorization. |
The application shall include adequate assurance that the | ||
applicant possesses the financial, managerial, legal, and | ||
technical qualifications necessary to construct and operate | ||
the proposed system, to promptly repair any damage to the | ||
public right-of-way caused by the applicant, and to pay the | ||
cost of removal of its facilities. To accomplish these | ||
requirements, the applicant may, at the time the applicant | ||
seeks to use the public rights-of-way in that jurisdiction, be | ||
required by the State of Illinois or
later be required by the | ||
local unit of government, or both, to post a bond, produce a | ||
certificate of insurance, or otherwise demonstrate its | ||
financial responsibility. | ||
The application shall include the applicant's general | ||
standards related to customer service required by Section | ||
22-501 of this Act, which shall include, but not be limited to, | ||
installation, disconnection, service and repair obligations; | ||
appointment hours; employee ID requirements; customer service | ||
telephone numbers and hours; procedures for billing, charges, | ||
deposits, refunds, and credits; procedures for termination of | ||
service; notice of deletion of programming service and changes | ||
related to transmission of programming or changes or increases | ||
in rates; use and availability of parental control or lock-out | ||
devices; complaint procedures and procedures for bill dispute | ||
resolution and a description of the rights and remedies | ||
available to consumers if the holder does not materially meet | ||
their customer service standards; and special services for |
customers with visual, hearing, or mobility disabilities. | ||
(c)(1) The applicant may designate information that it | ||
submits in its application or subsequent reports as | ||
confidential or proprietary, provided that the applicant | ||
states the reasons the confidential designation is necessary. | ||
The Commission shall provide adequate protection for such | ||
information pursuant to Section 4-404 of this Act. If the | ||
Commission, a local unit of government, or any other party | ||
seeks public disclosure of information designated as | ||
confidential, the Commission shall consider the confidential | ||
designation in a proceeding under the Illinois Administrative | ||
Procedure
Act, and the burden of proof to demonstrate that the | ||
designated information is confidential shall be upon the | ||
applicant. Designated information shall remain confidential | ||
pending the Commission's determination of whether the | ||
information is entitled to confidential treatment. Information | ||
designated as confidential shall be provided to local units of | ||
government for purposes of assessing compliance with this | ||
Article as permitted under a Protective Order issued by the | ||
Commission pursuant to the Commission's rules and to the | ||
Attorney General pursuant to Section 6.5 of the Attorney | ||
General Act
(15 ILCS 205/6.5). Information designated as | ||
confidential under this Section or determined to be | ||
confidential upon Commission review shall only be disclosed | ||
pursuant to a valid and enforceable subpoena or court order or | ||
as required by the Freedom of Information Act. Nothing herein |
shall delay the application approval timeframes set forth in | ||
this Article. | ||
(2) Information regarding the location of video services | ||
that have been or are being offered to the public and aggregate | ||
information included in the reports required by this Article | ||
shall not be designated or treated as confidential. | ||
(d)(1) The Commission shall post all applications it | ||
receives under this Article on its web site within 5
business | ||
days. | ||
(2) The Commission shall notify an applicant for a cable | ||
service or video service authorization whether the applicant's | ||
application and affidavit are complete on or before the 15th | ||
business day after the applicant submits the application. If | ||
the application and affidavit are not complete, the Commission | ||
shall state in its notice all of the reasons the application or | ||
affidavit are incomplete, and the applicant shall resubmit a | ||
complete application. The Commission shall have 30 days after | ||
submission by the applicant of a complete application and | ||
affidavit to issue the service authorization. If the Commission | ||
does not notify the applicant regarding the completeness of the | ||
application and affidavit or issue the service authorization | ||
within the time periods required under this subsection, the | ||
application and affidavit shall be considered complete and the | ||
service authorization issued upon the expiration of the 30th | ||
day. | ||
(e) Any authorization issued by the Commission will expire |
on December 31, 2023 2020 and shall contain or include all of | ||
the following: | ||
(1) A grant of authority, including an authorization | ||
issued prior to this amendatory Act of the 98th General | ||
Assembly, to provide cable service or video service in the | ||
service area footprint as requested in the application, | ||
subject to the provisions of this Article in existence on | ||
the date the grant of authority was issued, and any | ||
modifications to this Article enacted at any time prior to | ||
the date in Section 21-1601 of this Act, and to the laws of | ||
the State and the ordinances, rules, and regulations of the | ||
local units of government. | ||
(2) A grant of authority to use, occupy, and construct | ||
facilities in the public rights-of-way for the delivery of | ||
cable service or video service in the service area | ||
footprint, subject to the laws, ordinances, rules, or | ||
regulations of this State and local units of governments. | ||
(3) A statement that the grant of authority is subject | ||
to lawful operation of the cable service or video service | ||
by the applicant, its affiliated entities, or its | ||
successors-in-interest. | ||
(e-5) The Commission shall notify a local unit of | ||
government within 3
business days of the grant of any | ||
authorization within a service area footprint if that | ||
authorization includes any part of the local unit of | ||
government's jurisdictional boundaries and state whether the |
holder will be providing video service or cable service under | ||
the authorization. | ||
(f) The authorization issued pursuant to this Section
by | ||
the Commission may be transferred to any successor-in-interest | ||
to the applicant to which it is initially granted without | ||
further Commission action if the successor-in-interest (i) | ||
submits an application and the information required by | ||
subsection (b) of this Section
for the successor-in-interest | ||
and (ii) is not in violation of this Article or of any federal, | ||
State, or local law, ordinance, rule, or regulation. A | ||
successor-in-interest shall file its application and notice of | ||
transfer with the Commission and the relevant local units of | ||
government no less than 15
business days prior to the | ||
completion of the transfer. The Commission is not required or | ||
authorized to act upon the notice of transfer; however, the | ||
transfer is not effective until the Commission approves the | ||
successor-in-interest's application. A local unit of | ||
government or the Attorney General may seek to bar a transfer | ||
of ownership by filing suit in a court of competent | ||
jurisdiction predicated on the existence of a material and | ||
continuing breach of this Article by the holder, a pattern of | ||
noncompliance with customer service standards by the potential | ||
successor-in-interest, or the insolvency of the potential | ||
successor-in-interest. If a transfer is made when there are | ||
violations of this Article or of any federal, State, or local | ||
law, ordinance, rule, or regulation, the successor-in-interest |
shall be subject to 3
times the penalties provided for in this | ||
Article. | ||
(g) The authorization issued pursuant to this Section by | ||
the Commission may be terminated, or its cable service or video | ||
service area footprint may be modified, by the cable service | ||
provider or video service provider by submitting notice to the | ||
Commission and to the relevant local unit of government | ||
containing a description of the change on the same terms as the | ||
initial description pursuant to item (4) of subsection (b) of | ||
this Section. The Commission is not required or authorized to | ||
act upon that notice. It shall be a violation of this Article | ||
for a holder to discriminate against potential residential | ||
subscribers because of the race or income of the residents in | ||
the local area in which the group resides by terminating or | ||
modifying its cable service or video service area footprint. It | ||
shall be a violation of this Article for a holder to terminate | ||
or modify its cable service or video service area footprint if | ||
it leaves an area with no cable service or video service from | ||
any provider. | ||
(h) The Commission's authority to administer this Article | ||
is limited to the powers and duties explicitly provided under | ||
this Article. Its authority under this Article does not include | ||
or limit the powers and duties that the Commission has under | ||
the other Articles of this Act, the Illinois Administrative | ||
Procedure Act,
or any other law or regulation to conduct | ||
proceedings, other than as provided in subsection (c), or has |
to promulgate rules or regulations. The Commission shall not | ||
have the authority to limit or expand the obligations and | ||
requirements provided in this Section or to regulate or control | ||
a person or entity to the extent that person or entity is | ||
providing cable service or video service, except as provided in | ||
this Article.
| ||
(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, | ||
eff. 6-29-15.) | ||
(220 ILCS 5/21-601) | ||
Sec. 21-601. Public, education, and government access. For | ||
the purposes of this Section, "programming" means content | ||
produced or provided by any person, group, governmental agency, | ||
or noncommercial public or private agency or organization. | ||
(a) Not later than 90 days after a request by the local | ||
unit of government or its designee that has received notice | ||
under subsection (a) of Section 21-801
of this Act, the holder | ||
shall (i) designate the same amount of capacity on its network | ||
to provide for public, education, and government access use as | ||
the incumbent cable operator is required to designate under its | ||
franchise terms in effect with a local unit of government on | ||
January 1, 2007 and (ii) retransmit to its subscribers the same | ||
number of public, education, and government access channels as | ||
the incumbent cable operator was retransmitting to subscribers | ||
on January 1, 2007. | ||
(b) If the local unit of government produces or maintains |
the public education or government programming in a manner or | ||
form that is compatible with the holder's network, it shall | ||
transmit such programming to the holder in that form provided | ||
that form permits
the holder to satisfy the requirements of | ||
subsection (c) of this Section. If the local unit of government | ||
does not produce or maintain such programming in that manner or | ||
form, then the holder shall be responsible for any changes in | ||
the form of the transmission necessary to make public, | ||
education, and government programming compatible with the | ||
technology or protocol used by the holder to deliver services. | ||
The holder shall receive programming from the local unit of | ||
government (or the local unit of government's public, | ||
education, and government programming providers) and transmit | ||
that public, education, and government programming directly to | ||
the holder's subscribers within the local unit of government's | ||
jurisdiction at no cost to the local unit of government or the | ||
public, education, and government programming providers. If | ||
the holder is required to change the form of the transmission, | ||
the local unit of government or its designee shall provide | ||
reasonable access to the holder to allow the holder to transmit | ||
the public, education, and government programming in an | ||
economical manner subject to the requirements of subsection (c) | ||
of this Section. | ||
(c) The holder shall provide to subscribers public, | ||
education, and government access channel capacity at | ||
equivalent visual and audio quality and equivalent |
functionality, from the viewing perspective of the subscriber, | ||
to that of commercial channels carried on the holder's basic | ||
cable or video service offerings or tiers without the need for | ||
any equipment other than the equipment necessary to receive the | ||
holder's basic cable or video service offerings or tiers. | ||
(d) The holder and an incumbent cable operator shall | ||
negotiate in good faith to interconnect their networks, if | ||
needed, for the purpose of providing public, education, and | ||
government programming. Interconnection may be accomplished by | ||
direct cable, microwave link, satellite, or other reasonable | ||
method of connection. The holder and the incumbent cable | ||
operator shall provide interconnection of the public, | ||
education, and government channels on reasonable terms and | ||
conditions and may not withhold the interconnection. If a | ||
holder and an incumbent cable operator cannot reach a mutually | ||
acceptable interconnection agreement, the local unit of | ||
government may require the incumbent cable operator to allow | ||
the holder to interconnect its network with the incumbent cable | ||
operator's network at a technically feasible point on their | ||
networks. If no technically feasible point for interconnection | ||
is available, the holder and an incumbent cable operator shall | ||
each make an interconnection available to the public, | ||
education, and government channel originators at their local | ||
origination points and shall provide the facilities necessary | ||
for the interconnection. The cost of any interconnection shall | ||
be borne by the holder unless otherwise agreed to by the |
parties. The interconnection required by this subsection shall | ||
be completed within the 90-day deadline set forth in subsection | ||
(a) of this Section. | ||
(e) The public, education, and government channels shall be | ||
for the exclusive use of the local unit of government or its | ||
designee to provide public, education, and government | ||
programming. The public, education, and government channels | ||
shall be used only for noncommercial purposes. However, | ||
advertising, underwriting, or sponsorship recognition may be | ||
carried on the channels for the purpose of funding public, | ||
education, and government access related activities. | ||
(f) Public, education, and government channels shall all be | ||
carried on the holder's basic cable or video service offerings | ||
or tiers. To the extent feasible, the public, education, and | ||
government channels shall not be separated numerically from | ||
other channels carried on the holder's basic cable or video | ||
service offerings or tiers, and the channel numbers for the | ||
public, education, and government channels shall be the same | ||
channel numbers used by the incumbent cable operator, unless | ||
prohibited by federal law. After the initial designation of | ||
public, education, and government channel numbers, the channel | ||
numbers shall not be changed without the agreement of the local | ||
unit of government or the entity to which the local unit of | ||
government has assigned responsibility for managing public, | ||
education, and government access channels, unless the change is | ||
required by federal law. Each channel shall be capable of |
carrying a National Television System Committee (NTSC) | ||
television signal. | ||
(g) The holder shall provide a listing of public, | ||
education, and government channels on channel cards and menus | ||
provided to subscribers in a manner equivalent to other | ||
channels if the holder uses such cards and menus. Further, the | ||
holder shall provide a listing of public, education, and | ||
government programming on its electronic program guide if such | ||
a guide is utilized by the holder. It is the public, education, | ||
and government entity's responsibility to provide the holder or | ||
its designated agent, as determined by the holder, with program | ||
schedules and information in a timely manner. | ||
(h) If less than 3
public, education, and government | ||
channels are provided within the local unit of government as of | ||
January 1, 2007, a local unit of government whose jurisdiction | ||
lies within the authorized service area of the holder may | ||
initially request the holder to designate sufficient capacity | ||
for up to 3
public, education, and government channels. A local | ||
unit of government or its designee that seeks to add additional | ||
capacity shall give the holder a written notification | ||
specifying the number of additional channels to be used, | ||
specifying the number of channels in actual use, and verifying | ||
that the additional channels requested will be put into actual | ||
use. | ||
(i) The holder shall, within 90 days of a request by the | ||
local unit of government or its designated public, education, |
or government access entity, provide sufficient capacity for an | ||
additional channel for public, education, and government | ||
access when the programming on a given access channel exceeds | ||
40 hours per week as measured on a quarterly basis. The | ||
additional channel shall not be used for any purpose other than | ||
for carrying additional public, education, or government | ||
access programming. | ||
(j) The public, education, and government access | ||
programmer is solely responsible for the content that it | ||
provides over designated public, education, or government | ||
channels. A holder shall not exercise any editorial control | ||
over any programming on any channel designed for public, | ||
education, or government use or on any other channel required | ||
by law or a binding agreement with the local unit of | ||
government. | ||
(k) A holder shall not be subject to any civil or criminal | ||
liability for any program carried on any channel designated for | ||
public, education, or government use. | ||
(l) A court of competent jurisdiction shall have exclusive | ||
jurisdiction to enforce any requirement under this Section or | ||
resolve any dispute regarding the requirements set forth in | ||
this Section, and no provider of cable service or video service | ||
may be barred from providing service or be required to | ||
terminate service as a result of that dispute or enforcement | ||
action.
| ||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) |
(220 ILCS 5/21-701) | ||
Sec. 21-701. Emergency alert system. The holder shall | ||
comply with all applicable requirements of the Federal | ||
Communications Commission involving the distribution and | ||
notification of federal, State, and local emergency messages | ||
over the emergency alert system applicable to cable operators. | ||
The holder will provide a requesting local unit of government | ||
with sufficient information regarding how to submit, via | ||
telephone or web listing, a local emergency alert for | ||
distribution over its cable or video network. To the extent | ||
that a local unit of government requires incumbent cable | ||
operators to provide emergency alert system messages or | ||
services in excess of the requirements of this Section, the | ||
holder shall comply with any such additional requirements | ||
within the jurisdiction of the local franchising authority. The | ||
holder may provide a local emergency alert to an area larger | ||
than the boundaries of the local unit of government issuing the | ||
emergency alert.
| ||
(Source: P.A. 95-9, eff. 6-30-07 .) | ||
(220 ILCS 5/21-801) | ||
Sec. 21-801. Applicable fees payable to the local unit of | ||
government. | ||
(a) Prior to offering cable service or video service in a | ||
local unit of government's jurisdiction, a holder shall notify |
the local unit of government. The notice shall be given to the | ||
local unit of government at least 10 days before the holder | ||
begins to offer cable service or video service within the | ||
boundaries of that local unit of government. | ||
(b) In any local unit of government in which a holder | ||
offers cable service or video service on a commercial basis, | ||
the holder shall be liable for and pay the service provider fee | ||
to the local unit of government. The local unit of government | ||
shall adopt an ordinance imposing such a fee. The holder's | ||
liability for the fee shall commence on the first day of the | ||
calendar month that is at least 30 days after the holder | ||
receives such ordinance. For any such ordinance adopted on or | ||
after the effective date of this amendatory Act of the 99th | ||
General Assembly, the holder's liability shall commence on the | ||
first day of the calendar month that is at least 30 days after | ||
the adoption of such ordinance. The ordinance shall be sent by | ||
mail, postage prepaid, to the address listed on the holder's | ||
application provided to the local unit of government pursuant | ||
to item (6) of subsection (b) of Section 21-401 of this Act. | ||
The fee authorized by this Section shall be 5% of gross | ||
revenues or the same as the fee paid to the local unit of | ||
government by any incumbent cable operator providing cable | ||
service. The payment of the service provider fee shall be due | ||
on a quarterly basis, 45 days after the close of the calendar | ||
quarter. If mailed, the fee is considered paid on the date it | ||
is postmarked. Except as provided in this Article, the local |
unit of government may not demand any additional fees or | ||
charges from the holder and may not demand the use of any other | ||
calculation method other than allowed under this Article. | ||
(c) For purposes of this Article, "gross revenues" means | ||
all consideration of any kind or nature, including, without | ||
limitation, cash, credits, property, and in-kind contributions | ||
received by the holder for the operation of a cable or video | ||
system to provide cable service or video service within the | ||
holder's cable service or video service area within the local | ||
unit of government's jurisdiction. | ||
(1) Gross revenues shall include the following: | ||
(i) Recurring charges for cable service or video | ||
service. | ||
(ii) Event-based charges for cable service or | ||
video service, including, but not limited to, | ||
pay-per-view and video-on-demand charges. | ||
(iii) Rental of set-top
boxes and other cable | ||
service or video service equipment. | ||
(iv) Service charges related to the provision of | ||
cable service or video service, including, but not | ||
limited to, activation, installation, and repair | ||
charges. | ||
(v) Administrative charges related to the | ||
provision of cable service or video service, including | ||
but not limited to service order and service | ||
termination charges. |
(vi) Late payment fees or charges, insufficient | ||
funds check charges, and other charges assessed to | ||
recover the costs of collecting delinquent payments. | ||
(vii) A pro rata portion of all revenue derived by | ||
the holder or its affiliates pursuant to compensation | ||
arrangements for advertising or for promotion or | ||
exhibition of any products or services derived from the | ||
operation of the holder's network to provide cable | ||
service or video service within the local unit of | ||
government's jurisdiction. The allocation shall be | ||
based on the number of subscribers in the local unit of | ||
government divided by the total number of subscribers | ||
in relation to the relevant regional or national | ||
compensation arrangement. | ||
(viii) Compensation received by the holder that is | ||
derived from the operation of the holder's network to | ||
provide cable service or video service with respect to | ||
commissions that are received by the holder as | ||
compensation for promotion or exhibition of any | ||
products or services on the holder's network, such as a | ||
"home shopping" or similar channel, subject to item | ||
(ix) of this paragraph (1). | ||
(ix) In the case of a cable service or video | ||
service that is bundled or integrated functionally | ||
with other services, capabilities, or applications, | ||
the portion of the holder's revenue attributable to the |
other services, capabilities, or applications shall be | ||
included in gross revenue unless the holder can | ||
reasonably identify the division or exclusion of the | ||
revenue from its books and records that are kept in the | ||
regular course of business. | ||
(x) The service provider fee permitted by | ||
subsection (b) of this Section. | ||
(2) Gross revenues do not include any of the following: | ||
(i) Revenues not actually received, even if | ||
billed, such as bad debt, subject to item (vi) of | ||
paragraph (1) of this subsection (c). | ||
(ii) Refunds, discounts, or other price | ||
adjustments that reduce the amount of gross revenues | ||
received by the holder of the State-issued | ||
authorization to the extent the refund, rebate, | ||
credit, or discount is attributable to cable service or | ||
video service. | ||
(iii) Regardless of whether the services are | ||
bundled, packaged, or functionally integrated with | ||
cable service or video service, any revenues received | ||
from services not classified as cable service or video | ||
service, including, without limitation, revenue | ||
received from telecommunications services, information | ||
services, or the provision of directory or Internet | ||
advertising, including yellow pages, white pages, | ||
banner advertisement, and electronic publishing, or |
any other revenues attributed by the holder to noncable | ||
service or nonvideo service in accordance with the | ||
holder's books and records and records kept in the | ||
regular course of business and any applicable laws, | ||
rules, regulations, standards, or orders. | ||
(iv) The sale of cable services or video services | ||
for resale in which the purchaser is required to | ||
collect the service provider fee from the purchaser's | ||
subscribers to the extent the purchaser certifies in | ||
writing that it will resell the service within the | ||
local unit of government's jurisdiction and pay the fee | ||
permitted by subsection (b) of this Section
with | ||
respect to the service. | ||
(v) Any tax or fee of general applicability imposed | ||
upon the subscribers or the transaction by a city, | ||
State, federal, or any other governmental entity and | ||
collected by the holder of the State-issued | ||
authorization and required to be remitted to the taxing | ||
entity, including sales and use taxes. | ||
(vi) Security deposits collected from subscribers. | ||
(vii) Amounts paid by subscribers to "home | ||
shopping" or similar vendors for merchandise sold | ||
through any home shopping channel offered as part of | ||
the cable service or video service. | ||
(3) Revenue of an affiliate of a holder shall be | ||
included in the calculation of gross revenues to the extent |
the treatment of the revenue as revenue of the affiliate | ||
rather than the holder has the effect of evading the | ||
payment of the fee permitted by subsection (b) of this | ||
Section
which would otherwise be paid by the cable service | ||
or video service. | ||
(d)(1) Except for a holder providing cable service that is | ||
subject to the fee in subsection (i) of this Section, the | ||
holder shall pay to the local unit of government or the entity | ||
designated by that local unit of government to manage public, | ||
education, and government access, upon request as support for | ||
public, education, and government access, a fee equal to no | ||
less than (i) 1% of gross revenues or (ii) if greater, the | ||
percentage of gross revenues that incumbent cable operators pay | ||
to the local unit of government or its designee for public, | ||
education, and government access support in the local unit of | ||
government's jurisdiction. For purposes of item (ii) of | ||
paragraph (1) of this subsection (d), the percentage of gross | ||
revenues that all incumbent cable operators pay shall be equal | ||
to the annual sum of the payments that incumbent cable | ||
operators in the service area are obligated to pay by | ||
franchises and agreements or by contracts with the local | ||
government designee for public, education and government | ||
access in effect on January 1, 2007, including the total of any | ||
lump sum payments required to be made over the term of each | ||
franchise or agreement divided by the number of years of the | ||
applicable term, divided by the annual sum of such incumbent |
cable operator's or operators'
gross revenues during the | ||
immediately prior calendar year. The sum of payments includes | ||
any payments that an incumbent cable operator is required to | ||
pay pursuant to item (3) of subsection (c) of Section 21-301. | ||
(2) A local unit of government may require all holders of a | ||
State-issued authorization and all cable operators franchised | ||
by that local unit of government on June 30, 2007 (the | ||
effective date of this Section)
in the franchise area to | ||
provide to the local unit of government, or to the entity | ||
designated by that local unit of government to manage public, | ||
education, and government access, information sufficient to | ||
calculate the public, education, and government access | ||
equivalent fee and any credits under paragraph (1) of this | ||
subsection (d). | ||
(3) The fee shall be due on a quarterly basis and paid 45 | ||
days after the close of the calendar quarter. Each payment | ||
shall include a statement explaining the basis for the | ||
calculation of the fee. If mailed, the fee is considered paid | ||
on the date it is postmarked. The liability of the holder for | ||
payment of the fee under this subsection shall commence on the | ||
same date as the payment of the service provider fee pursuant | ||
to subsection (b) of this Section. | ||
(e) The holder may identify and collect the amount of the | ||
service provider fee as a separate line item on the regular | ||
bill of each subscriber. | ||
(f) The holder may identify and collect the amount of the |
public, education, and government programming support fee as a | ||
separate line item on the regular bill of each subscriber. | ||
(g) All determinations and computations under this Section | ||
shall be made pursuant to the definition of gross revenues set | ||
forth in this Section and shall be made pursuant to generally | ||
accepted accounting principles. | ||
(h) Nothing contained in this Article shall be construed to | ||
exempt a holder from any tax that is or may later be imposed by | ||
the local unit of government, including any tax that is or may | ||
later be required to be paid by or through the holder with | ||
respect to cable service or video service. A State-issued | ||
authorization shall not affect any requirement of the holder | ||
with respect to payment of the local unit of government's | ||
simplified municipal telecommunications tax or any other tax as | ||
it applies to any telephone service provided by the holder. A | ||
State-issued authorization shall not affect any requirement of | ||
the holder with respect to payment of the local unit of | ||
government's 911 or E911 fees, taxes, or charges.
| ||
(i) Except for a municipality having a population of | ||
2,000,000 or more, the fee imposed under paragraph (1) of | ||
subsection (d) by a local unit of government against a holder | ||
who is a cable operator shall be as follows: | ||
(1) the fee shall be collected and paid only for | ||
capital costs that are considered lawful under Subchapter | ||
VI of the federal Communications Act of 1934, as amended, | ||
and as implemented by the Federal Communications |
Commission; | ||
(2) the local unit of government shall impose any fee | ||
by ordinance; and | ||
(3) the fee may not exceed 1% of gross revenue; if, | ||
however, on the date that an incumbent cable operator files | ||
an application under Section 21-401, the incumbent cable | ||
operator is operating under a franchise agreement that | ||
imposes a fee for support for capital costs for public, | ||
education, and government access facilities obligations in | ||
excess of 1% of gross revenue, then the cable operator | ||
shall continue to provide support for capital costs for | ||
public, education, and government access facilities | ||
obligations at the rate stated in such agreement. | ||
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | ||
(220 ILCS 5/21-901) | ||
Sec. 21-901. Audits. | ||
(a) A
holder
that
has
received
State-issued
authorization
| ||
under
this
Article
is
subject
to
an
audit
of
its
service
| ||
provider
fees
derived
from
the
provision
of
cable
or
video
| ||
services
to
subscribers
within
any
part
of
the
local
unit
of
| ||
government
which
is
located
in
the
holder's
service
territory.
| ||
Any
such
audit
shall
be
conducted
by
the
local
unit
of
| ||
government
or
its
agent
for
the
sole
purpose
of
determining
any
| ||
overpayment
or
underpayment
of
the
holder's
service
provider
| ||
fee
to
the
local
unit
of
government. |
(b) Beginning
on
or
after
the
effective
date
of
this
| ||
amendatory
Act
of
the
99th
General
Assembly,
any
audit
| ||
conducted
pursuant
to
this
Section
by
a
local
government
shall
| ||
be
governed
by
Section
11-42-11.05
of
the
Illinois Municipal
| ||
Code
or
Section
5-1095.1
of
the
Counties
Code.
| ||
(Source: P.A. 99-6, eff. 6-29-15.) | ||
(220 ILCS 5/21-1001) | ||
Sec. 21-1001. Local unit of government authority. | ||
(a) The holder of a State-issued authorization shall comply | ||
with all the applicable construction and technical standards | ||
and right-of-way occupancy standards set forth in a local unit | ||
of government's code of ordinances relating to the use of | ||
public rights-of-way, pole attachments, permit obligations, | ||
indemnification, performance bonds, penalties, or liquidated | ||
damages. The applicable requirements for a holder that is using | ||
its existing telecommunications network or constructing a | ||
telecommunications network shall be the same requirements that | ||
the local unit of government imposes on telecommunications | ||
providers in its jurisdiction. The applicable requirements for | ||
a holder that is using or constructing a cable system shall be | ||
the same requirements the local unit of government imposes on | ||
other cable operators in its jurisdiction. | ||
(b) A local unit of government shall allow the holder to | ||
install, construct, operate, maintain, and remove a cable | ||
service, video service, or telecommunications network within a |
public right-of-way and shall provide the holder with open, | ||
comparable, nondiscriminatory, and competitively neutral | ||
access to the public right-of-way on the same terms applicable | ||
to other cable service or video service providers or cable | ||
operators in its jurisdiction. Notwithstanding any other | ||
provisions of law, if a local unit of government is permitted | ||
by law to require the holder of a State authorization to seek a | ||
permit to install, construct, operate, maintain, or remove its | ||
cable service, video service, or telecommunications network | ||
within a public right-of-way, those permits shall be deemed | ||
granted within 45 days after being submitted, if not otherwise | ||
acted upon by the local unit of government, provided the holder | ||
complies with the requirements applicable to the holder in its | ||
jurisdiction. | ||
(c) A local unit of government may impose reasonable terms, | ||
but it may not discriminate against the holder with respect to | ||
any of the following: | ||
(1) The authorization or placement of a cable service, | ||
video service, or telecommunications network or equipment | ||
in public rights-of-way. | ||
(2) Access to a building. | ||
(3) A local unit of government utility pole attachment. | ||
(d) If a local unit of government imposes a permit fee on | ||
incumbent cable operators, it may impose a permit fee on the | ||
holder only to the extent it imposes such a fee on incumbent | ||
cable operators. In all other cases, these fees may not exceed |
the actual, direct costs incurred by the local unit of | ||
government for issuing the relevant permit. In no event may a | ||
fee under this Section be levied if the holder already has paid | ||
a permit fee of any kind in connection with the same activity | ||
that would otherwise be covered by the permit fee under this | ||
Section provided no additional equipment, work, function, or | ||
other burden is added to the existing activity for which the | ||
permit was issued. | ||
(e) Nothing in this Article shall affect the rights that | ||
any holder has under Section 4 of the Telephone Line Right of | ||
Way Act (220 ILCS 65/4). | ||
(f) In addition to the other requirements in this Section, | ||
if the holder installs, upgrades, constructs, operates, | ||
maintains, and removes facilities or equipment within a public | ||
right-of-way to provide cable service or video service, it | ||
shall comply with the following: | ||
(1) The holder must locate its equipment in the | ||
right-of-way as to cause only minimum interference with the | ||
use of streets, alleys, and other public ways and places, | ||
and to cause only minimum impact upon and interference with | ||
the rights and reasonable convenience of property owners | ||
who adjoin any of the said streets, alleys, or other public | ||
ways. No fixtures shall be placed in any public ways in | ||
such a manner to interfere with the usual travel on such | ||
public ways, nor
shall such fixtures or equipment limit the | ||
visibility of vehicular or
pedestrian traffic, or both. |
(2) The holder shall comply with a local unit of | ||
government's reasonable requests to place equipment on | ||
public property where possible and promptly comply with | ||
local unit of government direction with respect to the | ||
location and screening of equipment and facilities. In | ||
constructing or upgrading its cable or video network in the | ||
right-of-way, the holder shall use the smallest suitable | ||
equipment enclosures and power pedestals and cabinets then | ||
in use by the holder for the application. | ||
(3) The holder's construction practices shall be in | ||
accordance with all applicable Sections of the | ||
Occupational Safety and Health Act of 1970, as amended, as | ||
well as all applicable State laws, including the
Civil | ||
Administrative Code of Illinois, and local codes, where | ||
applicable, as adopted by the local unit of government. All | ||
installation of electronic equipment shall be of a | ||
permanent nature, durable, and, where applicable, | ||
installed in accordance with the provisions of the National | ||
Electrical Safety Code of the National Bureau of Standards | ||
and National Electrical Code of the National Board of Fire | ||
Underwriters. | ||
(4) The holder shall not interfere with the local unit | ||
of government's performance of public works. Nothing in the | ||
State-issued authorization shall be in preference or | ||
hindrance to the right of the local unit of government to | ||
perform or carry on any public works or public improvements |
of any kind. The holder expressly agrees that it shall, at | ||
its own expense, protect, support, temporarily disconnect, | ||
relocate in the same street or other public place, or | ||
remove from such street or other public place any of the | ||
network, system, facilities, or equipment when required to | ||
do so by the local unit of government because of necessary | ||
public health, safety, and welfare improvements. In the | ||
event a holder and other users of a public right-of-way, | ||
including incumbent cable operators or utilities, are | ||
required to relocate and compensation is paid to the users | ||
of such public right-of-way, such parties shall be treated | ||
equally with respect to such compensation. | ||
(5) The holder shall comply with all local units of | ||
government inspection requirements. The making of | ||
post-construction, subsequent or
periodic inspections, or | ||
both, or the failure to do so shall not operate to relieve | ||
the holder of any responsibility, obligation, or | ||
liability. | ||
(6) The holder shall maintain insurance or provide | ||
evidence of self insurance as required by an applicable | ||
ordinance of the local unit of government. | ||
(7) The holder shall reimburse all reasonable | ||
make-ready expenses, including aerial and underground | ||
installation expenses requested by the holder to the local | ||
unit of government within 30
days of billing to the holder, | ||
provided that such charges shall be at the same rates as |
charges to others for the same or similar services. | ||
(8) The holder shall indemnify and hold harmless the | ||
local unit of government and all boards, officers, | ||
employees, and representatives thereof from all claims, | ||
demands, causes of action, liability, judgments, costs and | ||
expenses, or losses for injury or death to persons or | ||
damage to property owned by, and Worker's Compensation | ||
claims against any parties indemnified herein, arising out | ||
of, caused by, or as a result of the holder's construction, | ||
lines, cable, erection, maintenance, use or presence of, or | ||
removal of any poles, wires, conduit, appurtenances | ||
thereto, or equipment or attachments thereto. The holder, | ||
however, shall not indemnify the local unit of government | ||
for any liabilities, damages, cost, and expense resulting | ||
from the willful misconduct, or negligence of the local | ||
unit of government, its officers, employees, and agents. | ||
The obligations imposed pursuant to this Section by a local | ||
unit of government shall be competitively neutral. | ||
(9) The holder, upon request, shall provide the local | ||
unit of government with information describing the | ||
location of the cable service or video service facilities | ||
and equipment located in the unit of local government's | ||
rights-of-way pursuant to its State-issued authorization. | ||
If designated by the holder as confidential, such | ||
information provided pursuant to this subsection shall be | ||
exempt from inspection and copying under the Freedom of |
Information Act and shall not be disclosed by the unit of | ||
local government to any third party without the written | ||
consent of the holder.
| ||
(Source: P.A. 99-6, eff. 6-29-15.) | ||
(220 ILCS 5/21-1101) | ||
Sec. 21-1101. Requirements to provide video services. | ||
(a) The holder of a State-issued authorization shall not | ||
deny access to cable service or video service to any potential | ||
residential subscribers because of the race or income of the | ||
residents in the local area in which the potential subscribers | ||
reside. | ||
(b) (Blank). | ||
(c)(1) If the holder of a State-issued authorization is | ||
using telecommunications facilities to provide cable or video | ||
service and has more than 1,000,000 telecommunications access | ||
lines in this State, the holder shall provide access to its | ||
cable or video service to a number of households equal to at | ||
least 35% of the households in the holder's telecommunications | ||
service area in the State within 3 years after the date a | ||
holder receives a State-issued authorization from the | ||
Commission and to a number not less than 50% of these | ||
households within 5 years after the date a holder receives a | ||
State-issued authorization from the Commission; provided that | ||
the holder of a State-issued authorization is not required to | ||
meet the 50% requirement in this paragraph (1)
until 2 years |
after at least 15% of the households with access to the | ||
holder's video service subscribe to the service for 6 | ||
consecutive months. | ||
The holder's obligation to provide such access in the State | ||
shall be distributed, as the holder determines, within 3
| ||
designated market areas, one in each of the northeastern, | ||
central, and southwestern portions of the holder's | ||
telecommunications service area in the State. The designated | ||
market area for the northeastern portion shall consist of 2
| ||
separate and distinct reporting areas: (i) a city with more | ||
than 1,000,000 inhabitants, and (ii) all other local units of | ||
government on a combined basis within such designated market | ||
area in which it offers video service. | ||
If any state, in which a holder subject to this subsection | ||
(c) or one of its affiliates provides or seeks to provide cable | ||
or video service, adopts a law permitting state-issued | ||
authorization or statewide franchises to provide cable or video | ||
service that requires a cable or video provider to offer | ||
service to more than 35% of the households in the cable or | ||
video provider's service area in that state within 3 years, | ||
holders subject to this subsection (c) shall provide service in | ||
this State to the same percentage of households within 3 years | ||
of adoption of such law in that state. | ||
Furthermore, if any state, in which a holder subject to | ||
this subsection (c) or one of its affiliates provides or seeks | ||
to provide cable or video service, adopts a law requiring a |
holder of a state-issued authorization or statewide franchises | ||
to offer cable or video service to more than 35% of its | ||
households if less than 15% of the households with access to | ||
the holder's video service subscribe to the service for 6 | ||
consecutive months, then as a precondition to further | ||
build-out, holders subject to this subsection (c) shall be | ||
subject to the same percentage of service subscription in | ||
meeting its obligation to provide service to 50% of the | ||
households in this State.
| ||
(2) Within 3 years after the date a holder receives a | ||
State-issued authorization from the Commission, at least 30% of | ||
the total households with access to the holder's cable or video | ||
service shall be low-income. | ||
Within each designated market area listed in paragraph (1) | ||
of this subsection (c), the holder's obligation to offer | ||
service to low-income households shall be measured by each | ||
exchange, as that term is defined in Section 13-206 of this
Act | ||
in which the holder chooses to provide cable or video service. | ||
The holder is under no obligation to serve or provide access to | ||
an entire exchange; however, in addition to the statewide | ||
obligation to provide low-income access provided by this | ||
Section, in each exchange in which the holder chooses to | ||
provide cable or video service, the holder shall provide access | ||
to a percentage of low-income households that is at least equal | ||
to the percentage of the total low-income households within | ||
that exchange. |
(d)(1) All other holders shall only provide access to one | ||
or more exchanges, as that term is defined in Section 13-206 of | ||
this
Act, or to local units of government and shall provide | ||
access to their cable or video service to a number of | ||
households equal to 35% of the households in the exchange or | ||
local unit of government within 3 years after the date a holder | ||
receives a State-issued authorization from the Commission and | ||
to a number not less than 50% of these households within 5 | ||
years after the date a holder receives a State-issued | ||
authorization from the Commission, provided that if the holder | ||
is an incumbent cable operator or any successor-in-interest | ||
company, it shall be obligated to provide access to cable or | ||
video services within the jurisdiction of a local unit of | ||
government at the same levels required by the local franchising | ||
authorities for that local unit of government on June 30, 2007 | ||
(the effective date of Public Act 95-9). | ||
(2) Within 3 years after the date a holder receives a | ||
State-issued authorization from the Commission, at least 30% of | ||
the total households with access to the holder's cable or video | ||
service shall be low-income. | ||
Within each designated exchange, as that term is defined in | ||
Section 13-206 of this
Act, or local unit of government listed | ||
in paragraph (1) of this subsection (d), the holder's | ||
obligation to offer service to low-income households shall be | ||
measured by each exchange or local unit of government in which | ||
the holder chooses to provide cable or video service. Except as |
provided in paragraph (1) of this subsection (d), the holder is | ||
under no obligation to serve or provide access to an entire | ||
exchange or local unit of government; however, in addition to | ||
the statewide obligation to provide low-income access provided | ||
by this Section, in each exchange or local unit of government | ||
in which the holder chooses to provide cable or video service, | ||
the holder shall provide access to a percentage of low-income | ||
households that is at least equal to the percentage of the | ||
total low-income households within that exchange or local unit | ||
of government. | ||
(e) A holder subject to subsection (c) of this Section | ||
shall provide wireline broadband service, defined as wireline | ||
service, capable of supporting, in at least one direction, a | ||
speed in excess of 200 kilobits per second (kbps), to the | ||
network demarcation point at the subscriber's premises, to a | ||
number of households equal to 90% of the households in the | ||
holder's telecommunications service area by December 31, 2008, | ||
or shall pay within 30 days of December 31, 2008 a sum of | ||
$15,000,000 to the Digital Divide Elimination Infrastructure | ||
Fund established pursuant to Section 13-301.3 of this Act, or | ||
any successor fund established by the General Assembly. In that | ||
event the holder is required to make a payment pursuant to this | ||
subsection (e), the holder shall have no further accounting for | ||
this payment, which shall be used in any part of the State for | ||
the purposes established in the Digital Divide Elimination | ||
Infrastructure Fund or for broadband deployment. |
(f) The holder of a State-issued authorization may satisfy | ||
the requirements of subsections (c) and (d) of this Section | ||
through the use of any technology, which shall not include | ||
direct-to-home satellite service, that offers service, | ||
functionality, and content that is demonstrably similar to that | ||
provided through the holder's video service system. | ||
(g) In any investigation into or complaint alleging that | ||
the holder of a State-issued authorization has failed to meet | ||
the requirements of this Section, the following factors may be | ||
considered in justification or mitigation or as justification | ||
for an extension of time to meet the requirements of | ||
subsections (c) and (d) of this Section: | ||
(1) The inability to obtain access to public and | ||
private rights-of-way under reasonable terms and | ||
conditions. | ||
(2) Barriers to competition arising from existing | ||
exclusive service arrangements in developments or | ||
buildings. | ||
(3) The inability to access developments or buildings | ||
using reasonable technical solutions under commercially | ||
reasonable terms and conditions. | ||
(4) Natural disasters. | ||
(5) Other factors beyond the control of the holder. | ||
(h) If the holder relies on the factors identified in | ||
subsection (g) of this Section in response to an investigation | ||
or complaint, the holder shall demonstrate the following: |
(1) what substantial effort the holder of a | ||
State-issued authorization has taken to meet the | ||
requirements of subsection
(a) or (c) of this Section; | ||
(2) which portions of subsection (g) of this Section | ||
apply; and | ||
(3) the number of days it has been delayed or the | ||
requirements it cannot perform as a consequence of | ||
subsection (g) of this Section. | ||
(i) The factors in subsection (g) of this Section may be | ||
considered by the Attorney General or by a court of competent | ||
jurisdiction in determining whether the holder is in violation | ||
of this Article. | ||
(j) Every holder of a State-issued authorization, no later | ||
than April 1, 2009, and annually no later than April 1 | ||
thereafter, shall report to the Commission for each of the | ||
service areas as described in subsections (c) and (d) of this | ||
Section in which it provides access to its video service in the | ||
State, the following information: | ||
(1) Cable service and video service information: | ||
(A) The number of households in the holder's | ||
telecommunications service area within each designated | ||
market area as described in subsection (c) of this | ||
Section or exchange or local unit of government as | ||
described in subsection (d) of this Section in which it | ||
offers video service. | ||
(B) The number of households in the holder's |
telecommunications service area within each designated | ||
market area as described in subsection (c) of this | ||
Section or exchange or local unit of government as | ||
described in subsection (d) of this Section that are | ||
offered access to video service by the holder. | ||
(C) The number of households in the holder's | ||
telecommunications service area in the State. | ||
(D) The number of households in the holder's | ||
telecommunications service area in the State that are | ||
offered access to video service by the holder. | ||
(2) Low-income household information: | ||
(A) The number of low-income households in the | ||
holder's telecommunications service area within each | ||
designated market area as described in subsection (c) | ||
of this Section, as further identified in terms of | ||
exchanges, or exchange or local unit of government as | ||
described in subsection (d) of this Section in which it | ||
offers video service. | ||
(B) The number of low-income households in the | ||
holder's telecommunications service area within each | ||
designated market area as described in subsection (c) | ||
of this Section, as further identified in terms of | ||
exchanges, or exchange or local unit of government as | ||
described in subsection (d) of this Section in the | ||
State that are offered access to video service by the | ||
holder. |
(C) The number of low-income households in the | ||
holder's telecommunications service area in the State. | ||
(D) The number of low-income households in the | ||
holder's telecommunications service area in the State | ||
that are offered access to video service by the holder. | ||
(j-5) The requirements of subsection (c) of this Section | ||
shall be satisfied upon the filing of an annual report with the | ||
Commission in compliance with subsection (j) of this Section, | ||
including an annual report filed prior to this amendatory Act | ||
of the 98th General Assembly, that demonstrates the holder of | ||
the authorization has satisfied the requirements of subsection | ||
(c) of this Section for each of the service areas in which it | ||
provides access to its cable service or video service in the | ||
State. Notwithstanding the continued application of this | ||
Article to the holder, upon satisfaction of the requirements of | ||
subsection (c) of this Section, only the requirements of | ||
subsection (a) of this Section 21-1101 of this Act and the | ||
following reporting requirements shall continue to apply to | ||
such holder: | ||
(1) Cable service and video service information: | ||
(A) The number of households in the holder's | ||
telecommunications service area within each designated | ||
market area in which it offers cable service or video | ||
service. | ||
(B) The number of households in the holder's | ||
telecommunications service area within each designated |
market area that are offered access to cable service or | ||
video service by the holder. | ||
(C) The number of households in the holder's | ||
telecommunications service area in the State. | ||
(D) The number of households in the holder's | ||
telecommunications service area in the State that are | ||
offered access to cable service or video service by the | ||
holder. | ||
(E) The exchanges or local units of government in | ||
which the holder added cable service or video service | ||
in the prior year. | ||
(2) Low-income household information: | ||
(A) The number of low-income households in the | ||
holder's telecommunications service area within each | ||
designated market area in which it offers video | ||
service. | ||
(B) The number of low-income households in the | ||
holder's telecommunications service area within each | ||
designated market area that are offered access to video | ||
service by the holder. | ||
(C) The number of low-income households in the | ||
holder's telecommunications service area in the State. | ||
(D) The number of low-income households in the | ||
holder's telecommunications service area in the State | ||
that are offered access to video service by the holder. | ||
(j-10) The requirements of subsection (d) of this Section |
shall be satisfied upon the filing of an annual report with the | ||
Commission in compliance with subsection (j) of this Section, | ||
including an annual report filed prior to this amendatory Act | ||
of the 98th General Assembly, that demonstrates the holder of | ||
the authorization has satisfied the requirements of subsection | ||
(d) of this Section for each of the service areas in which it | ||
provides access to its cable service or video service in the | ||
State. Notwithstanding the continued application of this | ||
Article to the holder, upon satisfaction of the requirements of | ||
subsection (d) of this Section, only the requirements of | ||
subsection (a) of this Section and the following reporting | ||
requirements shall continue to apply to such holder: | ||
(1) Cable service and video service information: | ||
(A) The number of households in the holder's | ||
footprint in which it offers cable service or video | ||
service. | ||
(B) The number of households in the holder's | ||
footprint that are offered access to cable service or | ||
video service by the holder. | ||
(C) The exchanges or local units of government in | ||
which the holder added cable service or video service | ||
in the prior year. | ||
(2) Low-income household information: | ||
(A) The number of low-income households in the | ||
holder's footprint in which it offers cable service or | ||
video service. |
(B) The number of low-income households in the | ||
holder's footprint that are offered access to cable | ||
service or video service by the holder. | ||
(k) The Commission, within 30 days of receiving the first | ||
report from holders under this Section, and annually no later | ||
than July 1 thereafter, shall submit to the General Assembly a | ||
report that includes, based on year-end data, the information | ||
submitted by holders pursuant to subdivisions (1) and (2) of | ||
subsections (j), (j-5), and (j-10)
of this Section. The | ||
Commission shall make this report available to any member of | ||
the public or any local unit of government upon request. All | ||
information submitted to the Commission and designated by | ||
holders as confidential and proprietary shall be subject to the | ||
disclosure provisions in subsection (c) of Section 21-401 of | ||
this Act. No individually identifiable customer information | ||
shall be subject to public disclosure.
| ||
(Source: P.A. 98-45, eff. 6-28-13 .) | ||
(220 ILCS 5/21-1201) | ||
Sec. 21-1201. Multiple-unit dwellings; interference with | ||
holder prohibited. | ||
(a) Neither the owner of any multiple-unit residential | ||
dwelling nor an agent or representative nor an assignee, | ||
grantee, licensee, or similar holders of rights, including | ||
easements, in any multiple-unit residential dwelling (the | ||
"owner, agent or representative") shall unreasonably interfere |
with the right of any tenant or lawful resident thereof to | ||
receive cable service or video service installation or | ||
maintenance from a holder of a State-issued authorization, or | ||
related service that includes, but is not limited to, voice | ||
service, Internet access or other broadband services (alone or | ||
in combination) provided over the holder's cable services or | ||
video services facilities; provided, however, the owner, | ||
agent, or representative may require just and reasonable | ||
compensation from the holder for its access to and use of such | ||
property to provide installation, operation, maintenance, or | ||
removal of such cable service or video service or related | ||
services. For purposes of this Section, "access to and use of | ||
such property" shall be provided in a nondiscriminatory manner | ||
to all cable and video providers offering or providing services | ||
at such property and includes common areas of such | ||
multiple-unit dwelling, inside wire in the individual unit of | ||
any tenant or lawful resident thereof that orders or receives | ||
such service and the right to use and connect to building | ||
infrastructure, including but not limited to existing cables, | ||
wiring, conduit or inner duct, to provide cable service or | ||
video service or related services. If there is a dispute | ||
regarding the just compensation for such access and use, the | ||
owner, agent, or representative shall obtain the payment of | ||
just compensation from the holder pursuant to the process and | ||
procedures applicable to an owner and franchisee in subsections | ||
(c), (d), and (e) of Section 11-42-11.1 of the Illinois |
Municipal Code (65 ILCS 5/11-42-11.1). | ||
(b) Neither the owner of any multiple-unit residential | ||
dwelling nor an agent or representative shall ask, demand, or | ||
receive any additional payment, service, or gratuity in any | ||
form from any tenant or lawful resident thereof as a condition | ||
for permitting or cooperating with the installation of a cable | ||
service or video service or related services to the dwelling | ||
unit occupied by a tenant or resident requesting such service. | ||
(c) Neither the owner of any multiple-unit residential | ||
dwelling nor an agent or representative shall penalize, charge, | ||
or surcharge a tenant or resident, forfeit or threaten to | ||
forfeit any right of such tenant or resident, or discriminate | ||
in any way against such tenant or resident who requests or | ||
receives cable service or video service or related services | ||
from a holder. | ||
(d) Nothing in this Section shall prohibit the owner of any | ||
multiple-unit residential dwelling nor an agent or | ||
representative from requiring that a holder's facilities | ||
conform to reasonable conditions necessary to protect safety, | ||
functioning, appearance, and value of premises or the | ||
convenience and safety of persons or property. | ||
(e) The owner of any multiple-unit residential dwelling or | ||
an agent or representative may require a holder to agree to | ||
indemnify the owner, or his agents or representatives, for | ||
damages or from liability for damages caused by the | ||
installation, operation, maintenance, or removal of cable |
service or video service facilities.
| ||
(f) For purposes of this Section, "multiple-unit dwelling" | ||
or "such property" means a multiple dwelling unit building | ||
(such as an apartment building, condominium building, or | ||
cooperative) and any other centrally managed residential real | ||
estate development (such as a gated community, mobile home | ||
park, or garden apartment); provided however, that | ||
multiple-unit dwelling shall not include time share units, | ||
academic campuses and dormitories, military bases, hotels, | ||
rooming houses, prisons, jails, halfway houses, nursing homes | ||
or other assisted living facilities, and hospitals. | ||
(Source: P.A. 98-45, eff. 6-28-13 .) | ||
(220 ILCS 5/21-1301) | ||
Sec. 21-1301. Enforcement; penalties. | ||
(a) The Attorney General is responsible for administering | ||
and ensuring holders' compliance with this Article, provided | ||
that nothing in this Article shall deprive local units of | ||
government of the right to enforce applicable rights and | ||
obligations. | ||
(b) The Attorney General may conduct an investigation | ||
regarding possible violations by holders of this Article | ||
including, without limitation, the issuance of subpoenas to: | ||
(1) require the holder to file a statement or report or | ||
to answer interrogatories in writing as to all information | ||
relevant to the alleged violations; |
(2) examine, under oath, any person who possesses | ||
knowledge or information related to the alleged | ||
violations; and | ||
(3) examine any record, book, document, account, or | ||
paper related to the alleged violation. | ||
(c) If the Attorney General determines that there is a | ||
reason to believe that a holder has violated or is about to | ||
violate this Article, the Attorney General may bring an action | ||
in a court of competent jurisdiction in the name of the People | ||
of the State against the holder to obtain temporary, | ||
preliminary, or permanent injunctive relief and civil | ||
penalties for any act, policy, or practice by the holder that | ||
violates this Article. | ||
(d) If a court orders a holder to make payments to the | ||
Attorney General and the payments are to be used for the | ||
operations of the Office of the Attorney General or if a holder | ||
agrees to make payments to the Attorney General for the | ||
operations of the Office of the Attorney General as part of an | ||
Assurance of Voluntary Compliance, then the moneys paid under | ||
any of the conditions described in this subsection (d) shall be | ||
deposited into the Attorney General Court Ordered and Voluntary | ||
Compliance Payment Projects Fund. Moneys in the Fund shall be | ||
used, subject to appropriation, for the performance of any | ||
function pertaining to the exercise of the duties to the | ||
Attorney General, including, but not limited to, enforcement of | ||
any law of this State and conducting public education programs; |
however, any moneys in the Fund that are required by the court | ||
to be used for a particular purpose shall be used for that | ||
purpose. | ||
(e) In an action against a holder brought pursuant to this | ||
Article, the Attorney General may seek the assessment of one or | ||
more of the following civil monetary penalties in any action | ||
filed under this Article where the holder violates this Article | ||
and does not remedy the violation within 30 days of notice by | ||
the Attorney General: | ||
(1) Any holder that violates or fails to comply with | ||
any of the provisions of this Article or of its | ||
State-issued authorization shall be subject to a civil | ||
penalty of up to $30,000 for each and every offense, or | ||
0.00825%
of the holder's gross revenues, as defined in | ||
Section 21-801 of this Act, whichever is greater. Every | ||
violation of the provisions of this Article by a holder is | ||
a separate and distinct offense, provided that if the same | ||
act or omission violates more than one provision of this | ||
Article, only one penalty or cumulative penalty may be | ||
imposed for such act or omission. In the case of a | ||
continuing violation, each day's continuance thereof shall | ||
be a separate and distinct offense, provided that the | ||
cumulative penalty for any continuing violation shall not | ||
exceed $500,000 per year, and provided further that these | ||
limits shall not apply where the violation was intentional | ||
and either (i) created substantial risk to the safety of |
the cable service or video service provider's employees or | ||
customers or the public or (ii) was intended to cause | ||
economic benefits to accrue to the violator. | ||
(2) The holder's State-issued authorization may be | ||
suspended or revoked if the holder fails to comply with the | ||
provisions of this Article after a reasonable time to | ||
achieve compliance has passed. | ||
(3) If the holder is in violation of Section 21-1101 of | ||
this Act, in addition to any other remedies provided by | ||
law, a fine not to exceed 3% of the holder's total monthly | ||
gross revenue, as that term is defined in this Article, | ||
shall be imposed for each month from the date of violation | ||
until the date that compliance is achieved. | ||
(4) Nothing in this Section shall limit or affect the | ||
powers of the Attorney General to enforce the provisions of | ||
this Article, Section 22-501 of this Act, or the Consumer | ||
Fraud and Deceptive Business Practices Act.
| ||
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08 .) | ||
(220 ILCS 5/21-1401) | ||
Sec. 21-1401. Home rule. | ||
(a) The provisions of this Article are a limitation of home | ||
rule powers under subsection (i) of Section 6 of Article VII of | ||
the Illinois Constitution. | ||
(b) Nothing in this Article shall be construed to limit or | ||
deny a home rule unit's power to tax as set forth in Section 6 |
of Article VII of the Illinois Constitution.
| ||
(Source: P.A. 95-9, eff. 6-30-07 .) | ||
(220 ILCS 5/21-1501)
| ||
Sec. 21-1501. Except as otherwise provided in this Article, | ||
this Article shall be enforced only by a court of competent | ||
jurisdiction.
| ||
(Source: P.A. 95-9, eff. 6-30-07 .) | ||
(220 ILCS 5/21-1502) | ||
Sec. 21-1502. Renewal upon repeal of Article. This Section | ||
shall apply only to holders who received their State-issued | ||
authorization as a cable operator. In the event this Article 21 | ||
is repealed, the cable operator may seek a renewal under 47 | ||
U.S.C. 546 subject to the following: | ||
(1) Each municipality or county in which a cable | ||
operator provided service under the State-issued | ||
authorization shall be the franchising authority with | ||
respect to any right of renewal under 47 U.S.C. 546 and the | ||
provisions of this Section shall apply during the renewal | ||
process. | ||
(2) If the cable operator was an incumbent cable | ||
operator in the local unit of government immediately prior | ||
to obtaining a State-issued authorization, then the terms | ||
of the local franchise agreement under which the incumbent | ||
cable operator operated shall be effective until the later |
of: (A) the expiration of what would have been the | ||
remaining term of the agreement at the time of the | ||
termination of the local franchise agreement pursuant to | ||
subsection (c) of Section 21-301 of this Act or (B) the | ||
expiration of the renewal process under 47 U.S.C. 546. | ||
(3) If the cable operator was not an incumbent cable | ||
operator in the service territory immediately prior to the | ||
issuance of the State-issued authorization, then the | ||
State-issued authorization shall continue in effect until | ||
the expiration of the renewal process under 47 U.S.C. 546. | ||
(4) In seeking a renewal under this Section, the cable | ||
operator must provide the following information to the | ||
local franchising authority: | ||
(A) the number of subscribers within the franchise | ||
area; | ||
(B) the number of eligible local government | ||
buildings that have access to cable services; | ||
(C) the statistical records of performance under | ||
the standards established by the Cable and Video | ||
Customer Protection Law; | ||
(D) cable system improvement and construction | ||
plans during the term of the proposed franchise; and | ||
(E) the proposed level of support for public, | ||
educational, and governmental access programming.
| ||
(Source: P.A. 98-45, eff. 6-28-13.) |
(220 ILCS 5/21-1503 new) | ||
Sec. 21-1503. Continuation of Article; validation. | ||
(a) The General Assembly finds and declares that this | ||
amendatory Act of the 100th General Assembly manifests the | ||
intention of the General Assembly to extend the repeal of this | ||
Article and have this Article continue in effect until December | ||
31, 2020. | ||
(b) This Article shall be deemed to have been in continuous | ||
effect since July 1, 2017 and it shall continue to be in effect | ||
henceforward until it is otherwise lawfully repealed. All | ||
previously enacted amendments to this Article taking effect on | ||
or after July 1, 2017, are hereby validated. All actions taken | ||
in reliance on or under this Article by the Illinois Commerce | ||
Commission or any other person or entity are hereby validated. | ||
(c) In order to ensure the continuing effectiveness of this | ||
Article, it is set forth in full and reenacted by this | ||
amendatory Act of the 100th General Assembly. Striking and | ||
underscoring are used only to show changes being made to the | ||
base text. This reenactment is intended as a continuation of | ||
this Article. It is not intended to supersede any amendment to | ||
this Article that is enacted by the 100th General Assembly. | ||
(220 ILCS 5/21-1601)
| ||
Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of | ||
this Article are repealed December 31, 2020 July 1, 2017 .
| ||
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
|
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|