SB1381 100TH GENERAL ASSEMBLY

LRB100 08310 RJF 18414 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1381

Introduced 2/9/2017, by Sen. Bill Cunningham - James F. Clayborne, Jr. - Christine Radogno - Michael E. Hastings - Michael Connelly, et al.

SYNOPSIS AS INTRODUCED:

220 ILCS 5/13-102	from Ch. 111 2/3, par. 13-102
220 ILCS 5/13-103	from Ch. 111 2/3, par. 13-103
220 ILCS 5/13-406	from Ch. 111 2/3, par. 13-406
220 ILCS 5/13-406.1 new
220 ILCS 5/21-401
220 ILCS 5/13-1200 rep.
220 ILCS 5/21-1601 rep.

Amends the Public Utilities Act. Adds provisions to the Telecommunications Article concerning the transition of Large Electing Providers to Internet Protocol-based networks and service. Provides that beginning July 1, 2017, a Large Electing Provider may cease to offer and provide a telecommunications service to an identifiable class or group of customers, other than voice telecommunications service to residential customers, upon 60 days' notice to the Commission and affected customers. Provides that beginning July 1, 2017, a Large Electing Provider, may cease to offer and provide voice telecommunications service to an identifiable class or group of residential customers subject to compliance with specified requirements. Repeals language that provides for the repeal of the Telecommunications Article of the Public Utilities Act on July 1, 2017. Removes the December 31, 2020 expiration date for an Illinois Commerce Commission-issued authorization to offer or provide cable or video service. Repeals language that provides for the repeal of specified Sections of the Cable and Video Competition Article of the Illinois Public Utilities Act on July 1, 2017. Defines terms and makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the 2017 High-speed Internet Investment and Telecommunications Modernization Act for Job Creation and Public Safety.

Section 5. The Public Utilities Act is amended by changing Sections 13-102, 13-103, 13-406, and 21-401 and by adding Section 13-406.1 as follows:

(220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)

(Section scheduled to be repealed on July 1, 2017)

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)

(Section scheduled to be repealed on July 1, 2017)

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 5/13-406) (from Ch. 111 2/3, par. 13-406)

(Section scheduled to be repealed on July 1, 2017)

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) Consistent with the findings of paragraphs (h) through (l) of Section 13-102, which recognize the benefits of the transition from 20th century traditional circuit switched and other legacy telephone networks and services to modern 21st century next generation Internet Protocol-based (IP-based) networks and services, the General Assembly enacts this Section as a means of furthering the policy goals of paragraph (g) of Section 13-103, by providing relief from outdated regulations that require continued investment in legacy circuit switched networks from which Illinois consumers have largely transitioned, while at the same time ensuring access to quality alternative voice service and emergency communications.

(b) 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 at the customer's residence on the date the Large Electing Provider sends its second notice under paragraph (3) of subsection (d) of this Section of its intent to cease offering and providing such service.

"Large Electing Provider" means an Electing Provider, as defined in Section 13-506.2, that reported in its annual competition report for the year 2016 filed with the Commission pursuant to Section 13-407 and 83 Ill. Adm. Code 793 that it provided at least 700,000 access lines to end users.

"New customer" means a residential customer who is not subscribing to a telecommunications service provided by the Large Electing Provider at the customer's residence on the date the Large Electing Provider sends its second notice under paragraph (3) of subsection (d) of this Section of its intent to cease offering and providing such 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.

"Willing provider" means a provider that voluntarily participates in the request for service process.

(c) Beginning July 1, 2017, a Large Electing Provider may, to the extent permitted by and consistent with federal law, cease to offer and provide a telecommunications service to an identifiable class or group of customers, other than voice telecommunications service to residential customers, upon 60 days' notice to the Commission and affected customers.

(d) Beginning July 1, 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, for the purposes of this subsection referred to as "requested service", subject to compliance with the following requirements:

(1) At the same time that it gives 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 each of the Large Electing Provider's customers within each affected local exchange, 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 electronic billing.

(2) Upon approval by the Federal Communications Commission of its request to discontinue the interstate-access component of the requested service, the Large Electing Provider may cease to offer and provide the requested service to new customers immediately upon the filing of a notice with the Commission pursuant to subparagraph (A) of paragraph (3) of this subsection.

(3) Upon approval of by the Federal Communications Commission of its request to discontinue the interstate-access component of the requested service, the Large Electing Provider shall, at least 90 days before ceasing to offer or provide such service to an existing customer, do the following:

(A) file a notice of the cessation of the requested service with the Commission; and

(B) provide notice of the cessation of the requested service to each of the Large Electing Provider's existing customers within the local exchange by first-class mail or within customer bills delivered by mail or equivalent means of notice, including electronic means if the customer has elected electronic billing. The notice provided under this subparagraph must 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.

(4) After July 1, 2017, and only in an area for which a Large Electing Provider has given notice of cessation of the requested service to existing customers under paragraph (3) of this subsection, 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 with reliable access to 9-1-1 to that customer. For the purposes of this paragraph, existing customers who make such a request are referred to as "requesting existing customers".

(A) In response to all requests under this paragraph (4), the Commission shall conduct a single investigation to be commenced 75 days after receipt of notice under paragraph (3) of this subsection and completed within 90 days after commencement.

(i) If, as a result of the investigation, the Commission finds that service from at least one provider offering alternative voice service with 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 the requesting existing customers for which such finding is made, the Large Electing Provider may cease to offer or provide the requested service.

(ii) If, as a result of the investigation, the Commission finds that service from at least one provider offering alternative voice service with reliable access to 9-1-1 through any technology or medium is not available to one or more requesting existing customers, the Commission may declare by order that an emergency exists with respect to the requesting existing customers for which such finding is made.

(iii) If, within 90 days after commencement of the investigation, the Commission does not issue an order as described in subdivision (i) or (ii) of this subparagraph (A) with respect to one or more requesting existing customers, the Commission shall be deemed to have found that at least one provider offering alternative voice service with reliable access to 9-1-1 through any technology or medium is available to such requesting existing customers and the Large Electing Provider may cease to offer or provide service to such requesting existing customers.

(B) If the Commission declares an emergency under subdivision (ii) of subparagraph (A) of this paragraph (4) 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 with reliable access to 9-1-1 to such requesting existing customers. 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 with reliable access to 9-1-1, including, without limitation, Voice over Internet Protocol services and wireless services.

(i) If the Commission, within 90 days after the issuance of the order finding that an emergency exists, determines that another provider is willing and capable of providing alternative voice service with reliable access to 9-1-1 to those requesting existing customers for which an emergency has been declared, the Commission shall declare by order that, with respect to the requesting existing customers for which such finding is made, the Large Electing Provider may cease to offer or provide the requested service.

(ii) If the Commission, within 90 days after the issuance of the order finding that an emergency exists, determines that no other provider is willing and capable of providing alternative voice service with reliable access to 9-1-1 to those requesting existing customers for which an emergency has been declared, the Commission may issue an order requiring the Large Electing Provider to provide alternative voice service with reliable access to 9-1-1 to such requesting existing customers utilizing any form of technology capable of providing alternative voice service with reliable access to 9-1-1, including, without limitation, 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.

(iii) If, within 90 days after the issuance of the order finding that an emergency exists, the Commission does not issue an order as described in either subdivision (i) or subdivision (ii) of this subparagraph with respect to one or more requesting existing customers for which an emergency has been declared, the Commission shall be deemed to have found that at least one provider offering alternative voice service with reliable access to 9-1-1 through any technology or medium is available to such requesting existing customers and the Large Electing Provider may cease to offer or provide service to such requesting existing customers.

(C) Subject to the provisions of subdivision (iii) of subparagraph (A) and subdivision (iii) of subparagraph (B), the Large Electing Provider shall not cease to offer or provide the requested service to (i) any requesting existing customer prior to the completion of the investigation under subparagraph (A) of paragraph (4) of this subsection; or (ii) any requesting existing customer for which an emergency has been declared prior to completion of the request for service process under subparagraph (B) of paragraph (4) of this subsection. A request by an existing customer for an investigation and any related investigation or proceeding related to a request for service under paragraph (4) of this subsection shall not, however, prevent the Large Electing Provider from ceasing to offer or provide the requested service to existing customers other than requesting existing customers in accordance the provisions of paragraph (3) of this subsection during the pendency of the investigation or proceeding related to request for service.

(5) Notwithstanding any other provision of this Act, and except as expressly authorized by this subsection, 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 pursuant to subsection (c) or this subsection.

(220 ILCS 5/21-401)

(Section scheduled to be repealed on July 1, 2017)

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, 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 5/13-1200 rep.)

(220 ILCS 5/21-1601 rep.)

Section 10. The Public Utilities Act is amended by repealing Sections 13-1200 and 21-1601.

Section 99. Effective date. This Act takes effect upon becoming law.