Section 785.65  Compliance

a)         Existing carriers shall have one (1) year after the effective date of this Part to comply with all Sections excluding 785.55.  Carriers having more than 40 switching sites shall be allowed two (2) years to complete all work other than that which is specified in Section 785.55, except that in no event shall a carrier bring into compliance each year fewer than forty (40) facilities or 50% of its total facilities, whichever is greater.

b)         Existing carriers have four (4) years after the effective date of this Part to achieve 100% compliance with Section 785.55.  By the end of two (2) years after the effective date of this Part, the companies and carriers shall have no less than forty (40) facilities or 50% of their total facilities, whichever is greater, in compliance.

c)         Within ninety (90) days after the effective date of this Part, all carriers shall submit an implementation schedule indicating the name, address, and date of scheduled compliance as required in subsections 785.65(a) and (b).  Thereafter, until facilities of a carrier are in compliance, each carrier shall submit, at six (6) month intervals, an updated implementation schedule showing location-name, address, completions and projected completions.  Schedules and interval updates shall be filed with the Chief Clerk of the Illinois Commerce Commission.

d)         If waiver from any of the requirements herein is desired in any particular case, the Agencies will consider the application for such waiver when accompanied by a full statement setting forth the conditions existing and the reasons why such waiver is desired.  In considering such requests for waivers, factors that the Agencies shall consider include economic impacts of compliance, costs and rate consequences, and service interruption potential. It is understood that any waiver so granted shall apply only to the particular case covered by the application, and waiver shall not be extended to other cases unless specifically granted by the Agencies.

e)         Application for waiver shall be made to the Illinois Commerce Commission pursuant to 83 Ill. Adm. Code Part 200.  The Illinois Commerce Commission shall coordinate the waiver review process with the Agencies.