Section 732.5  Application of Part

 

This Part shall apply to all telecommunications carriers providing basic local exchange service as defined in Section 13-712 of the Public Utilities Act, except that this Part is not applicable to:

 

a)        telephone cooperatives as defined in Section 13-212 of the Act, pursuant to Section 13-701 of the Act;

 

b)        Electing Providers as defined in Section 13-506.2(a)(1) of the Act; and

 

c)        local exchange telecommunications service as defined in Section 13-204 of the Act, and classified as competitive pursuant to either Section 13-502 or Section 13-506.2(c)(5) of the Act.

 

(Source:  Amended at 39 Ill. Reg. 360, effective December 22, 2014)

 

Section 732.10  Definitions

 

When used in this Part, the listed terms will have the definitions given in this Section.

 

            "Act" means the Public Utilities Act [220 ILCS 5].

 

            "Alternative telephone service" means, except where technically impracticable, a wireless telephone capable of making local calls, and may also include, but is not limited to, call forwarding, voice mail, or paging services. [220 ILCS 5/13-712(b)(1)]

 

            "Appointment" means an arrangement made by a telecommunications carrier to meet a customer within an agreed 4 hour window.

 

            "Basic local exchange service" means residential and business lines used for local exchange telecommunications service as defined in Section 13-204 of the Act, excluding: services that employ advanced telecommunications capability as defined in section 706(c)(1) of the federal Telecommunications Act of 1996; vertical services; company official lines; and records work only. [220 ILCS 5/13-712(b)(2)]

 

            "Basic local exchange service installation" means the installation of basic local exchange service whereby the physical connecting and diagnostic testing of a local loop results in the provisioning of dial tone to the requesting customer's network interface device.  It includes move orders and orders for additional lines.

 

            "Commission" means the Illinois Commerce Commission.

 

            "Customer" means any person, building owner, firm, partnership, corporation, municipality, cooperative, organization, governmental agency, etc., provided with local exchange carrier telecommunications services as defined in Section 13-204 of the Act. "Customer" may also be referred to as "end user".

 

            "Emergency situation" means a single event that causes an interruption of service or installations affecting end users of a local exchange carrier. The emergency situation shall begin with the first end user whose service is interrupted by the single event and shall end with the restoration or installation of the service of all affected end users. The term "single event" shall include:

 

            a declaration made by the applicable State or federal governmental agency that the area served by the local exchange carrier is either a State or federal disaster area; or

 

            an act of third parties, including acts of terrorism, vandalism, riot, civil unrest, or war, or acts of parties that are not agents, employees or contractors of the local exchange carrier; or

 

            a severe storm, tornado, earthquake, flood or fire, including any severe storm, tornado, earthquake, flood or fire that prevents the local exchange carrier from restoring service due to impassable roads, downed power lines, or the closing off of affected areas by public safety officials.

 

            The term "emergency situation" shall not include:

 

            a single event caused by high temperature conditions alone; or

 

            a single event caused, or exacerbated in scope and duration, by acts or omissions of the local exchange carrier, its agents, employees or contractors or by the condition of facilities, equipment, or premises owned or operated by the local exchange carrier; or

 

            any service interruption that occurs during a single event listed above, but are not caused by those single events; or

 

            a single event that the local exchange carrier could have reasonably foreseen and taken precaution to prevent; provided, however, that in no event shall a local exchange carrier be required to undertake precautions that are technically infeasible or economically prohibitive.

 

This Part shall be construed as being content neutral as to whether a strike or other work stoppage is an "emergency situation".  In the event of a strike or other work stoppage, the local exchange carrier's obligation to pay customer credits shall, in the absence of a decision by a court of competent jurisdiction, be determined by the Commission on a case-by-case basis based upon the individual factual circumstances of each strike or other work stoppage.  In making such a determination, and notwithstanding the definition of "emergency situation" above, the Commission shall not presume that a strike or other work stoppage is an act of an employee or of the local exchange carrier.

 

            "Link Up" means the Link Up Assistance program defined and established at 47 CFR 54.411 et seq., as amended. [220 ILCS 5/13-712(b)(3)]

 

            "Monthly recurring charge" means monthly access/usage rate, end user common line charge, and tariffed vertical services.

 

            "Out of service" means that, after reporting an out of service condition to the local exchange carrier, the customer still has no dial tone, cannot be called, or cannot call out.  This defined term excludes call blocking or any other intentional alteration to an end user's calling or call receiving ability.

 

            "Repair" means the restoration of out of service conditions as well as correction of service-affecting conditions.

 

            "Telecommunications carrier" or "carrier" means a telecommunications carrier as that term is defined in Section 13-202 of the Act [220 ILCS 5/13-202] that is providing local exchange telecommunications service as defined in Section 13-204 of the Act.

 

(Source:  Amended at 35 Ill. Reg. 6334, effective April 1, 2011)

 

Section 732.20  Local Exchange Service Obligations

 

Each telecommunications carrier must do all of the following:

 

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. 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 subsection does not apply to the migration of a customer between telecommunications carriers, so long as the customer maintains dial tone.

 

b)         Restore basic local exchange service for a customer within 30 hours after receiving notice that a customer is out of service, including those service disruptions that occur when a customer switches existing basic local exchange service from one carrier to another.

 

c)         Keep all repair and installation appointments for basic local exchange service, when a customer premises visit requires a customer to be present.

 

d)         Inform a customer when a repair or installation appointment requires the customer to be present. [220 ILCS 5/13-712(d)]

 

e)         At the time installation, repair or an appointment is requested, inform the customer of its duty to install, repair, and meet appointments within the specific timeframes set forth in this Part, as relevant to the customer's request.  Additionally, the telecommunications carrier shall inform the customer at the time a request for installation, repair and/or an appointment is made, whether or not the telecommunications carrier has the requisite information to complete the request.  If the telecommunications carrier requires additional information or is waiting for the customer to provide information before the installation, repair, and appointment can be completed, the customer shall be informed at the time the request is made that the order is incomplete and what information is needed from the customer to complete the order.  Telecommunications carriers that install service through multiple platforms and that need additional information at the time of a customer request for installation shall inform the customer by telephone not later than 2 business days after the receipt of the installation request of its duty to install service by a specific date.

 

(Source:  Amended at 36 Ill. Reg. 15013, effective October 1, 2012)

 

Section 732.30  Customer Credits

 

A telecommunications carrier shall credit customers for violations of the basic local exchange service quality standards described in Section 732.20 of this Part. 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 and shall be identified as a "Service Quality Credit" or "S.Q. Credit".  The telecommunications carrier may provide additional detail regarding the service quality credit if it wishes.

 

a)         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.  A pro-rata portion shall be based upon a 30-day month. 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 either alternative telephone service or an additional credit of $20 per day.

 

b)         If a carrier fails to install basic local exchange service as required under Section 732.20(a), 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.

 

c)         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 (c) does not apply when the carrier provides the customer with 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.

 

d)         Credits required by this Section do not apply if the violation of a service quality standard:

 

1)         occurs as a result of a negligent or willful act on the part of the customer;

 

2)         occurs as a result of a malfunction of customer-owned telephone equipment or inside wiring;

 

3)         occurs as a result of, or is extended by, an emergency situation;

 

4)         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;

 

5)         occurs as a result of a customer request to change the scheduled appointment, provided that the violation is not further extended by the carrier;

 

6)         occurs as a result of a carrier's right to refuse service to a customer as provided in 83 Ill. Adm. Code 735; or

 

7)         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.

 

e)         The provisions of this Section 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. [220 ILCS 5/13-712(e)]

 

(Source:  Amended at 36 Ill. Reg. 15013, effective October 1, 2012)

 

Section 732.35  ILEC-CLEC Reimbursement Mechanism

 

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 (for purposes of this Section 732.35, the "retail carrier") shall credit the customer as provided in this Section.  The carrier causing the violation (for purposes of this Section 732.35, the "wholesale carrier") shall reimburse the carrier providing retail service the amount credited the customer.  Such reimbursement by wholesale carrier to retail carrier shall be known as a recourse credit.  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.  [220 ILCS 5/13-712]

 

(Source:  Amended at 35 Ill. Reg. 6334, effective April 1, 2011)

 

Section 732.40  Filing of Tariffs

 

Carriers offering basic local exchange service shall be fully subject to the requirements of this Part and shall file tariffs to implement the requirements of this Part.  These carriers shall track customer eligibility for credits , and the tariffs filed pursuant to this Section shall provide for the credits required by this Part.

 

(Source:  Amended at 35 Ill. Reg. 6334, effective April 1, 2011)

 

Section 732.50  Customer Education

 

a)         Each telecommunications carrier shall include in the informational pages in the front portion of regularly published telephone directories educational material(s) about the requirements to install, repair, and meet appointments within the specified amount of time, the availability and issuance of customer credits and alternative telephone service, and the applicable exemptions. This information shall be of a similar level of detail as that set forth in Section 13-712 of the Act [220 ILCS 5/13-712].  Telecommunications carriers that do not publish their own directories shall take steps to ensure that the directory that lists their customers contains the required information.  Until such time as a telecommunications carrier's directory contains such educational materials, the telecommunications carrier shall utilize at least once each quarter bill inserts, bill messages, or direct mailings containing a detailed description of the identified information. The bill inserts, bill messages, or direct mailings shall also indicate that this information will appear in the telecommunications carrier's next directory.

 

b)         Following a telecommunications carrier's publication of its directory containing the educational materials described in subsection (a), each telecommunications carrier shall also include on its bill to each customer at least twice each year the following bill message: "The law obligates all telecommunications carriers to provide installation and repair in a timely manner.  Credits or other remedies may be available for delays in repair, installation or missed appointments."  The biannual bill message shall also direct customers to the directory for more information.

 

c)         Educational material(s) shall be prominently displayed, clear, accurate and printed in bold and type of sufficient size and readability.  The Consumer Services Division of the Commission shall develop and post on the Commission's website standard minimum education material language that may be used by telecommunications carriers in their directories and bill inserts, bill messages, or direct mailings.  Any telecommunications carrier who does not use the language posted on the Commission's website shall use language substantially similar to that suggested by the Consumer Services Division.  Each telecommunications carrier shall also provide a forum or forums for continuous public education that may include, but not be limited to, company web site(s), voice response unit(s), or information posted in public location(s).

 

(Source:  Amended at 26 Ill. Reg. 10465, effective July 1, 2002)

 

Section 732.60  Reporting

 

a)         All reports required to be submitted to either the Staff or to the Commission under this Part 732 shall be certified by an authorized agent of the reporting carrier.  All such reports will be public records available for inspection, copying, and posting to the Commission's website.

 

b)         Each telecommunications carrier shall provide to the Commission, on a quarterly basis and in a form suitable for posting on the Commission's website, a report that includes monthly performance data for basic local exchange service obligations as required to be collected and reported pursuant to this Part.  The report shall be provided to the Commission within 30 days after the end of each calendar quarter. The monthly performance data shall be disaggregated for each customer class in each geographic area for which the telecommunications carrier internally monitored performance data as of March 2, 2001.  The report shall include, at a minimum:

 

1)         With regard to credits due in accordance with Section 732.30(a) (Out of Service More than 30 Hours):

 

A)        Total dollar amount of any customer credits paid;

 

B)        Number of credits issued for repairs between 30-48 hours;

 

C)        Number of credits issued for repairs between 48-72 hours;

 

D)        Number of credits issued for repairs between 72-96 hours;

 

E)        Number of credits used for repairs between 96-120 hours;

 

F)         Number of credits issued for repairs greater than 120 hours; and

 

G)        Number of exemptions claimed for each of the categories identified in Section 732.30(e).

 

2)         With regard to credits due in accordance with Section 732.30(b) (Failure to Install Basic Local Exchange Service):

 

A)        Total dollar amount of any customer credits paid;

 

B)        Number of installations after 5 business days;

 

C)        Number of installations after 10 business days;

 

D)        Number of installations after 11 business days; and

 

E)        Number of exemptions claimed for each of the categories identified in Section 732.30(e).

 

3)         With regard to credits due in accordance with Section 732.30(c) (Missed Appointments):

 

A)        Total dollar amount of any customer credits paid;

 

B)        Number of any customers receiving credits; and

 

C)        Number of exemptions claimed for each of the categories identified in Section 732.30(e).

 

(Source:  Amended at 36 Ill. Reg. 15013, effective October 1, 2012)