HB2074ham003 95TH GENERAL ASSEMBLY

Rep. Patrick J Verschoore

Filed: 5/13/2008

09500HB2074ham003 LRB095 01542 MJR 50816 a

AMENDMENT TO HOUSE BILL 2074

AMENDMENT NO. ______. Amend House Bill 2074 by replacing everything after the enacting clause with the following:

"Section 5. The Public Utilities Act is amended by adding Sections 13-905 and 13-905.5 and by changing Section 21-1101 as follows:

(220 ILCS 5/13-905 new)

Sec. 13-905. Mandatory overtime by telecommunications carrier employees.

(a) A telecommunications carrier must maintain staffing levels, as they existed on January 1, 2005, for employees who maintain and repair all types of telecommunications access facilities, including cable and auxiliary equipment.

(b) A telecommunications carrier shall not require mandatory overtime if staffing levels fall below levels specified in subsection (a) of this Section, except in the case of catastrophic events, such as a natural disaster or emergency situation declared by the State.

(c) If a telecommunications carrier believes that an emergency exists and that it must require mandatory overtime, then the telecommunications carrier must provide written notice to the Commission within 5 days after requiring the mandatory overtime, detailing (i) the reason for the mandatory overtime, (ii) the number of employees required to work overtime, and (iii) the length or projected length of time that overtime work was or is necessary. The telecommunications carrier must also file notice with the Commission within 5 days after completing mandatory overtime.

(d) If a telecommunications carrier violates this Section by either failing to file notice with the Commission or by failing to comply with subsection (a) of this Section and requires mandatory overtime without necessity, then the telecommunications carrier must pay a $10,000 fine to the Commission for each employee that worked mandatory overtime in violation of this Section.

(220 ILCS 5/13-905.5 new)

Sec. 13-905.5. Employee meetings; employer's opinion prohibited.

(a) For purposes of this Section:

"Employee" means any person engaged in service to an employer, as that term is defined in this Section.

"Employer" means a holder or incumbent cable operator, as those terms are defined in Section 21-201 of this Act.

"Labor organization" means any organization that exists for the purpose, in whole or in part, of collective bargaining or of dealing with employers concerning grievances, terms or conditions of employment, or of other mutual aid or protection in connection with employment.

(b) An employer shall not require an employee to attend a meeting of which the primary purpose is to communicate the employer's opinion concerning labor organizations.

(220 ILCS 5/21-1101)

(Section scheduled to be repealed on October 1, 2013)

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)(1) If the holder is using telecommunications facilities to provide cable or video service and has 1,000,000 or less telecommunications access lines in this State, but more than 300,000 telecommunications access lines in this State, the holder shall provide : (1) Provide access to its cable or video service to a number of households equal to at least 25% of its telecommunications access lines in this State within 3 years after the date a holder receives a State-issued authorization from the Commission and to a number not less than 35% of these households within 5 years after the date a holder receives a State-issued authorization from the Commission; provided, however, that the holder of a State-issued authorization is not required to meet the 35% requirement in this paragraph (1) subsection 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 three different designated market areas.

(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 identified in paragraph (1) of this subsection (b) (b)(1), 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 the Public Utilities 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.

(3) The number of telecommunication access lines in this Section shall be based on the number of access lines that exist as of June 30, 2007 (the effective date of Public Act 95-9) this amendatory Act of the 95th General Assembly.

A holder of a State-issued authorization shall provide the Commission with a service area footprint, as defined in subsection (j) of Section 21-201 of this Article, or a list of municipalities included in the service area footprint within 60 days after receiving authorization or 60 days after the effective date of this amendatory Act of the 95th General Assembly, whichever is later. The information shall also be provided to the public. If a holder of a State-issued authorization deems the footprint to be proprietary information or refuses to disclose a footprint or list of municipalities, then the holder shall provide access to its cable or video service to a number of households equal to at least 50% of the households in the holder's telecommunications service area in the State within 3 years after the date the holder receives a State-issued authorization from the Commission and to a number not less than 65% of these households within 5 years after the date the holder receives a State-issued authorization from the Commission; provided, however, that the holder of a State-issued authorization is not required to meet the 65% requirement in subsection (c) of this Section 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.

(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 : (1)(A) 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, however, that the holder of a State-issued authorization is not required to meet the 50% requirement in this paragraph (1) subsection 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 three 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 two 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. A holder of a State-issued authorization shall provide the Commission with a service area footprint, as defined in subsection (j) of Section 21-201 of this Article, or a list of municipalities included in the service area footprint within 60 days after receiving authorization or 60 days after the effective date of this amendatory Act of the 95th General Assembly. The information shall also be provided to the public. If a holder of a State-issued authorization deems the footprint to be proprietary information or refuses to disclose a footprint or list of municipalities, then the holder shall provide access to its cable or video service to a number of households equal to at least 50% of the households in the holder's telecommunications service area in the State within 3 years after the date the holder receives a State-issued authorization from the Commission and to a number not less than 65% of these households within 5 years after the date the holder receives a State-issued authorization from the Commission; provided, however, that the holder of a State-issued authorization is not required to meet the 65% requirement in this subsection (c) 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.

(B) 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) (c)(1), 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 the Public Utilities 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 the Public Utilities 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, however, 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) this amendatory Act of the 95th General Assembly.

(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 the Public Utilities Act, or local unit of government listed in paragraph (1) of this subsection (d) (d)(1), 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) (d)(1), 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.

A holder of a State-issued authorization shall provide the Commission with a service area footprint, as defined in subsection (j) of Section 21-201 of this Article, or a list of municipalities included in the service area footprint within 60 days after receiving authorization or 60 days after the effective date of this amendatory Act of the 95th General Assembly. The information shall also be provided to the public. If a holder of a State-issued authorization deems the footprint to be proprietary information or refuses to disclose a footprint or list of municipalities, then the holder shall provide access to its cable or video service to a number of households equal to at least 50% of the households in the holder's telecommunications service area in the State within 3 years after the date the holder receives a State-issued authorization from the Commission and to a number not less than 65% of these households within 5 years after the date the holder receives a State-issued authorization from the Commission; provided, however, that the holder of a State-issued authorization is not required to meet the 65% requirement in subsection (c) of this Section 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.

(e) A holder subject to subsection (c) of this Section 21-1101(c) 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 Article XIII 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 (b), (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 , which 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 (b), (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 subsections (a), (b), 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 (b), (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 subsections (b) and (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 subsections (b) and (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 subsections (b) and (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 subsections (b) and (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.

(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 subsection (j) subsections (j)(1) and (j)(2) 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 21-401(c). No individually identifiable customer information shall be subject to public disclosure.

(Source: P.A. 95-9, eff. 6-30-07; revised 7-9-07.)

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