Rep. Theresa Mah

Filed: 3/24/2017

 

 


 

 


 
10000HB3503ham001LRB100 08809 RJF 24310 a

1
AMENDMENT TO HOUSE BILL 3503

2    AMENDMENT NO. ______. Amend House Bill 3503 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Utilities Act is amended by changing
5Section 22-501 as follows:
 
6    (220 ILCS 5/22-501)
7    Sec. 22-501. Customer service and privacy protection. All
8cable or video providers in this State shall comply with the
9following customer service requirements and privacy
10protections. The provisions of this Act shall not apply to an
11incumbent cable operator prior to January 1, 2008. For purposes
12of this paragraph, an incumbent cable operator means a person
13or entity that provided cable services in a particular area
14under a franchise agreement with a local unit of government
15pursuant to Section 11-42-11 of the Illinois Municipal Code or
16Section 5-1095 of the Counties Code on January 1, 2007. A

 

 

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1master antenna television, satellite master antenna
2television, direct broadcast satellite, multipoint
3distribution service, and other provider of video programming
4shall only be subject to the provisions of this Article to the
5extent permitted by federal law.
6    The following definitions apply to the terms used in this
7Article:
8    "Basic cable or video service" means any service offering
9or tier that includes the retransmission of local television
10broadcast signals.
11    "Cable or video provider" means any person or entity
12providing cable service or video service pursuant to
13authorization under (i) the Cable and Video Competition Law of
142007; (ii) Section 11-42-11 of the Illinois Municipal Code;
15(iii) Section 5-1095 of the Counties Code; or (iv) a master
16antenna television, satellite master antenna television,
17direct broadcast satellite, multipoint distribution services,
18and other providers of video programming, whatever their
19technology. A cable or video provider shall not include a
20landlord providing only broadcast video programming to a
21single-family home or other residential dwelling consisting of
224 units or less.
23    "Franchise" has the same meaning as found in 47 U.S.C.
24522(9).
25    "Local unit of government" means a city, village,
26incorporated town, or a county.

 

 

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1    "Normal business hours" means those hours during which most
2similar businesses in the geographic area of the local unit of
3government are open to serve customers. In all cases, "normal
4business hours" must include some evening hours at least one
5night per week or some weekend hours.
6    "Normal operating conditions" means those service
7conditions that are within the control of cable or video
8providers. Those conditions that are not within the control of
9cable or video providers include, but are not limited to,
10natural disasters, civil disturbances, power outages,
11telephone network outages, and severe or unusual weather
12conditions. Those conditions that are ordinarily within the
13control of cable or video providers include, but are not
14limited to, special promotions, pay-per-view events, rate
15increases, regular peak or seasonal demand periods, and
16maintenance or upgrade of the cable service or video service
17network.
18    "Service interruption" means the loss of picture or sound
19on one or more cable service or video service on one or more
20cable or video channels.
21    "Service line drop" means the point of connection between a
22premises and the cable or video network that enables the
23premises to receive cable service or video service.
24    (a) General customer service standards:
25        (1) Cable or video providers shall establish general
26    standards related to customer service, which shall

 

 

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1    include, but not be limited to, installation,
2    disconnection, service and repair obligations; appointment
3    hours and employee ID requirements; customer service
4    telephone numbers and hours; procedures for billing,
5    charges, deposits, refunds, and credits; procedures for
6    termination of service; notice of deletion of programming
7    service; changes related to transmission of programming;
8    changes or increases in rates; the use and availability of
9    parental control or lock-out devices; the use and
10    availability of an A/B switch if applicable; complaint
11    procedures and procedures for bill dispute resolution; a
12    description of the rights and remedies available to
13    consumers if the cable or video provider does not
14    materially meet its customer service standards; and
15    special services for customers with visual, hearing, or
16    mobility disabilities.
17        (2) Cable or video providers' rates for each level of
18    service, rules, regulations, and policies related to its
19    cable service or video service described in paragraph (1)
20    of this subsection (a) must be made available to the public
21    and displayed clearly and conspicuously on the cable or
22    video provider's site on the Internet. If a promotional
23    price or a price for a specified period of time is offered,
24    the cable or video provider shall display the price at the
25    end of the promotional period or specified period of time
26    clearly and conspicuously with the display of the

 

 

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1    promotional price or price for a specified period of time.
2    The cable or video provider shall provide this information
3    upon request.
4        (3) Cable or video providers shall provide notice
5    concerning their general customer service standards to all
6    customers. This notice shall be offered when service is
7    first activated and upon request thereafter. The
8    information in the notice shall also be available on the
9    cable or video providers' websites and shall include all of
10    the information specified in paragraph (1) of this
11    subsection (a), as well as the following: a listing of
12    services offered by the cable or video providers, which
13    shall clearly describe programming for all services and all
14    levels of service; the rates for all services and levels of
15    service; a telephone number through which customers may
16    subscribe to, change, or terminate service, request
17    customer service, or seek general or billing information;
18    instructions on the use of the cable or video services; and
19    a description of rights and remedies that the cable or
20    video providers shall make available to their customers if
21    they do not materially meet the general customer service
22    standards described in this Act.
23    (b) General customer service obligations:
24        (1) Cable or video providers shall render reasonably
25    efficient service, promptly make repairs, and interrupt
26    service only as necessary and for good cause, during

 

 

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1    periods of minimum use of the system and for no more than
2    24 hours.
3        (2) All service representatives or any other person who
4    contacts customers or potential customers on behalf of the
5    cable or video provider shall have a visible identification
6    card with their name and photograph and shall orally
7    identify themselves upon first contact with the customer.
8    Customer service representatives shall orally identify
9    themselves to callers immediately following the greeting
10    during each telephone contact with the public.
11        (3) The cable or video providers shall: (i) maintain a
12    customer service facility within the boundaries of a local
13    unit of government staffed by customer service
14    representatives that have the capacity to accept payment,
15    adjust bills, and respond to repair, installation,
16    reconnection, disconnection, or other service calls and
17    distribute or receive converter boxes, remote control
18    units, digital stereo units, or other equipment related to
19    the provision of cable or video service; (ii) provide
20    customers with bill payment facilities through retail,
21    financial, or other commercial institutions located within
22    the boundaries of a local unit of government; (iii) provide
23    an address, toll-free telephone number or electronic
24    address to accept bill payments and correspondence and
25    provide secure collection boxes for the receipt of bill
26    payments and the return of equipment, provided that if a

 

 

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1    cable or video provider provides secure collection boxes,
2    it shall provide a printed receipt when items are
3    deposited; or (iv) provide an address, toll-free telephone
4    number, or electronic address to accept bill payments and
5    correspondence and provide a method for customers to return
6    equipment to the cable or video provider at no cost to the
7    customer.
8        (4) In each contact with a customer, the service
9    representatives or any other person who contacts customers
10    or potential customers on behalf of the cable or video
11    provider shall state the estimated cost of the service,
12    repair, or installation orally prior to delivery of the
13    service or before any work is performed, shall provide the
14    customer with an oral statement of the total charges before
15    terminating the telephone call or other contact in which a
16    service is ordered, whether in-person or over the Internet,
17    and shall provide a written statement of the total charges
18    before leaving the location at which the work was
19    performed. In the event that the cost of service is a
20    promotional price or is for a limited period of time, the
21    cost of service at the end of the promotion or limited
22    period of time shall be disclosed.
23        (5) Cable or video providers shall provide customers a
24    minimum of 30 days' written notice before increasing rates
25    or eliminating transmission of programming and shall
26    submit the notice of any rate increase to the local unit of

 

 

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1    government in advance of distribution to customers,
2    provided that the cable or video provider is not in
3    violation of this provision if the elimination of
4    transmission of programming was outside the control of the
5    provider, in which case the provider shall use reasonable
6    efforts to provide as much notice as possible, and any rate
7    decrease related to the elimination of transmission of
8    programming shall be applied to the date of the change.
9        (6) Cable or video providers shall provide clear visual
10    and audio reception that meets or exceeds applicable
11    Federal Communications Commission technical standards. If
12    a customer experiences poor video or audio reception due to
13    the equipment of the cable or video provider, the cable or
14    video provider shall promptly repair the problem at its own
15    expense.
16    (c) Bills, payment, and termination:
17        (1) Cable or video providers shall render monthly bills
18    that are clear, accurate, and understandable.
19        (2) Every residential customer who pays bills directly
20    to the cable or video provider shall have at least 28 days
21    from the date of the bill to pay the listed charges.
22        (3) Customer payments shall be posted promptly. When
23    the payment is sent by United States mail, payment is
24    considered paid on the date it is postmarked.
25        (4) Cable or video providers may not terminate
26    residential service for nonpayment of a bill unless the

 

 

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1    cable or video provider furnishes notice of the delinquency
2    and impending termination at least 15 days prior to the
3    proposed termination. Notice of proposed termination shall
4    be mailed, postage prepaid, to the customer to whom service
5    is billed. Notice of proposed termination shall not be
6    mailed until the 24th day after the date of the bill for
7    services. Notice of delinquency and impending termination
8    may be part of a billing statement only if the notice is
9    designed to be conspicuous. The cable or video providers
10    may not assess a late fee prior to the 24th day after the
11    date of the bill for service.
12        (5) Every notice of impending termination shall
13    include all of the following: the name and address of
14    customer; the amount of the delinquency; the date on which
15    payment is required to avoid termination; and the telephone
16    number of the cable or video provider's service
17    representative to make payment arrangements and to provide
18    additional information about the charges for failure to
19    return equipment and for reconnection, if any.
20        (6) Service may only be terminated on days when the
21    customer is able to reach a service representative of the
22    cable or video providers, either in person or by telephone.
23        (7) Any service terminated by a cable or video provider
24    without good cause shall be restored without any
25    reconnection fee, charge, or penalty; good cause for
26    termination includes, but is not limited to, failure to pay

 

 

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1    a bill by the date specified in the notice of impending
2    termination, payment by check for which there are
3    insufficient funds, theft of service, abuse of equipment or
4    personnel, or other similar subscriber actions.
5        (8) Cable or video providers shall cease charging a
6    customer for any or all services within one business day
7    after it receives a request to immediately terminate
8    service or on the day requested by the customer if such a
9    date is at least 5 days from the date requested by the
10    customer. Nothing in this subsection (c) shall prohibit the
11    provider from billing for charges that the customer incurs
12    prior to the date of termination. Cable or video providers
13    shall issue a credit no later than the customer's next
14    billing cycle following the determination that a credit is
15    warranted. Cable or video providers shall issue a refund or
16    return a deposit promptly, but not later than either the
17    customer's next billing cycle following resolution of the
18    request or 30 days, whichever is earlier, or the return of
19    equipment, if any, whichever is later.
20        (9) The customers or subscribers of a cable or video
21    provider shall be allowed to disconnect their service at
22    any time within the first 30 days after subscribing to or
23    upgrading the service. Within this 30-day period, cable or
24    video providers shall not charge or impose any fees or
25    penalties on the customer for disconnecting service,
26    including, but not limited to, any installation charge or

 

 

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1    the imposition of an early termination charge, except the
2    cable or video provider may impose a charge or fee to
3    offset any rebates or credits received by the customer and
4    may impose monthly service or maintenance charges,
5    including pay-per-view and premium services charges,
6    during such 30-day period.
7        (10) Cable or video providers shall cease charging
8    customers for modems and routers, whether rented together
9    or separately, when the customer has paid to the provider
10    the wholesale cost of the modem or router, or modem and
11    router if rented together, plus a reasonable mark-up not to
12    exceed 5% of the modem, router, or modem and router
13    wholesale cost to the provider. Cable and video providers
14    shall provide notice regarding the discontinuance of
15    rental charges to the customer in each billing statement.
16    The notice shall include a disclosure of rights and
17    responsibilities relating to the maintenance of modems and
18    routers.
19    (d) Response to customer inquiries:
20        (1) Cable or video providers will maintain a toll-free
21    telephone access line that is available to customers 24
22    hours a day, 7 days a week to accept calls regarding
23    installation, termination, service, and complaints.
24    Trained, knowledgeable, qualified service representatives
25    of the cable or video providers will be available to
26    respond to customer telephone inquiries during normal

 

 

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1    business hours. Customer service representatives shall be
2    able to provide credit, waive fees, schedule appointments,
3    and change billing cycles. Any difficulties that cannot be
4    resolved by the customer service representatives shall be
5    referred to a supervisor who shall make his or her best
6    efforts to resolve the issue immediately. If the supervisor
7    does not resolve the issue to the customer's satisfaction,
8    the customer shall be informed of the cable or video
9    provider's complaint procedures and procedures for billing
10    dispute resolution and given a description of the rights
11    and remedies available to customers to enforce the terms of
12    this Article, including the customer's rights to have the
13    complaint reviewed by the local unit of government, to
14    request mediation, and to review in a court of competent
15    jurisdiction.
16        (2) After normal business hours, the access line may be
17    answered by a service or an automated response system,
18    including an answering machine. Inquiries received by
19    telephone or e-mail after normal business hours shall be
20    responded to by a trained service representative on the
21    next business day. The cable or video provider shall
22    respond to a written billing inquiry within 10 days of
23    receipt of the inquiry.
24        (3) Cable or video providers shall provide customers
25    seeking non-standard installations with a total
26    installation cost estimate and an estimated date of

 

 

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1    completion. The actual charge to the customer shall not
2    exceed the estimated cost without the written consent of
3    the customer.
4        (4) If the cable or video provider receives notice that
5    an unsafe condition exists with respect to its equipment,
6    it shall investigate such condition immediately and shall
7    take such measures as are necessary to remove or eliminate
8    the unsafe condition. The cable or video provider shall
9    inform the local unit of government promptly, but no later
10    than 2 hours after it receives notification of an unsafe
11    condition that it has not remedied.
12        (5) Under normal operating conditions, telephone
13    answer time by the cable or video provider's customer
14    representative, including wait time, shall not exceed 30
15    seconds when the connection is made. If the call needs to
16    be transferred, transfer time shall not exceed 30 seconds.
17    These standards shall be met no less than 90% of the time
18    under normal operating conditions, measured on a quarterly
19    basis. The cable or video provider shall not be required to
20    acquire equipment or perform surveys to measure compliance
21    with these telephone answering standards unless an
22    historical record of complaints indicates a clear failure
23    to comply.
24        (6) Under normal operating conditions, the cable or
25    video provider's customers will receive a busy signal less
26    than 3% of the time.

 

 

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1    (e) Under normal operating conditions, each of the
2following standards related to installations, outages, and
3service calls will be met no less than 95% of the time measured
4on a quarterly basis:
5        (1) Standard installations will be performed within 7
6    business days after an order has been placed. "Standard"
7    installations are those that are located up to 125 feet
8    from the existing distribution system.
9        (2) Excluding conditions beyond the control of the
10    cable or video providers, the cable or video providers will
11    begin working on "service interruptions" promptly and in no
12    event later than 24 hours after the interruption is
13    reported by the customer or otherwise becomes known to the
14    cable or video providers. Cable or video providers must
15    begin actions to correct other service problems the next
16    business day after notification of the service problem and
17    correct the problem.
18        (3) The "appointment window" alternatives for
19    installations, service calls, and other installation
20    activities will be either a specific time or, at a maximum,
21    a 4-hour time block during evening, weekend, and normal
22    business hours. The cable or video provider may schedule
23    service calls and other installation activities outside of
24    these hours for the express convenience of the customer.
25        (4) Cable or video providers may not cancel an
26    appointment with a customer after the close of business on

 

 

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1    the business day prior to the scheduled appointment. If the
2    cable or video provider's representative is running late
3    for an appointment with a customer and will not be able to
4    keep the appointment as scheduled, the customer will be
5    contacted. The appointment will be rescheduled, as
6    necessary, at a time that is convenient for the customer,
7    even if the rescheduled appointment is not within normal
8    business hours.
9    (f) Public benefit obligation:
10        (1) All cable or video providers offering service
11    pursuant to the Cable and Video Competition Law of 2007,
12    the Illinois Municipal Code, or the Counties Code shall
13    provide a free service line drop and free basic service to
14    all current and future public buildings within their
15    footprint, including, but not limited to, all local unit of
16    government buildings, public libraries, and public primary
17    and secondary schools, whether owned or leased by that
18    local unit of government ("eligible buildings"). Such
19    service shall be used in a manner consistent with the
20    government purpose for the eligible building and shall not
21    be resold.
22        (2) This obligation only applies to those cable or
23    video service providers whose cable service or video
24    service systems pass eligible buildings and its cable or
25    video service is generally available to residential
26    subscribers in the same local unit of government in which

 

 

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1    the eligible building is located. The burden of providing
2    such service at each eligible building shall be shared by
3    all cable and video providers whose systems pass the
4    eligible buildings in an equitable and competitively
5    neutral manner, and nothing herein shall require
6    duplicative installations by more than one cable or video
7    provider at each eligible building. Cable or video
8    providers operating in a local unit of government shall
9    meet as necessary and determine who will provide service to
10    eligible buildings under this subsection (f). If the cable
11    or video providers are unable to reach an agreement, they
12    shall meet with the local unit of government, which shall
13    determine which cable or video providers will serve each
14    eligible building. The local unit of government shall bear
15    the costs of any inside wiring or video equipment costs not
16    ordinarily provided as part of the cable or video
17    provider's basic offering.
18    (g) After the cable or video providers have offered service
19for one year, the cable or video providers shall make an annual
20report to the Commission, to the local unit of government, and
21to the Attorney General that it is meeting the standards
22specified in this Article, identifying the number of complaints
23it received over the prior year in the State and specifying the
24number of complaints related to each of the following: (1)
25billing, charges, refunds, and credits; (2) installation or
26termination of service; (3) quality of service and repair; (4)

 

 

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1programming; and (5) miscellaneous complaints that do not fall
2within these categories.
3    (h) To the extent consistent with federal law, cable or
4video providers shall offer the lowest-cost basic cable or
5video service as a stand-alone service to residential customers
6at reasonable rates. Cable or video providers shall not require
7the subscription to any service other than the lowest-cost
8basic service or to any telecommunications or information
9service, as a condition of access to cable or video service,
10including programming offered on a per channel or per program
11basis. Cable or video providers shall not discriminate between
12subscribers to the lowest-cost basic service, subscribers to
13other cable services or video services, and other subscribers
14with regard to the rates charged for cable or video programming
15offered on a per channel or per program basis.
16    (i) To the extent consistent with federal law, cable or
17video providers shall ensure that charges for changes in the
18subscriber's selection of services or equipment shall be based
19on the cost of such change and shall not exceed nominal amounts
20when the system's configuration permits changes in service tier
21selection to be effected solely by coded entry on a computer
22terminal or by other similarly simple method.
23    (j) To the extent consistent with federal law, cable or
24video providers shall have a rate structure for the provision
25of cable or video service that is uniform throughout the area
26within the boundaries of the local unit of government. This

 

 

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1subsection (j) is not intended to prohibit bulk discounts to
2multiple dwelling units or to prohibit reasonable discounts to
3senior citizens or other economically disadvantaged groups.
4    (k) To the extent consistent with federal law, cable or
5video providers shall not charge a subscriber for any service
6or equipment that the subscriber has not affirmatively
7requested or affirmatively agreed to by name. For purposes of
8this subsection (k), a subscriber's failure to refuse a cable
9or video provider's proposal to provide service or equipment
10shall not be deemed to be an affirmative request for such
11service or equipment.
12    (l) No contract or service agreement containing an early
13termination clause offering residential cable or video
14services or any bundle including such services shall be for a
15term longer than 2 years. Any contract or service offering with
16a term of service that contains an early termination fee shall
17limit the early termination fee to not more than the value of
18any additional goods or services provided with the cable or
19video services, the amount of the discount reflected in the
20price for cable services or video services for the period
21during which the consumer benefited from the discount, or a
22declining fee based on the remainder of the contract term.
23    (m) Cable or video providers shall not discriminate in the
24provision of services for the hearing and visually impaired,
25and shall comply with the accessibility requirements of 47
26U.S.C. 613. Cable or video providers shall deliver and pick-up

 

 

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1or provide customers with pre-paid shipping and packaging for
2the return of converters and other necessary equipment at the
3home of customers with disabilities. Cable or video providers
4shall provide free use of a converter or remote control unit to
5mobility impaired customers.
6    (n)(1) To the extent consistent with federal law, cable or
7video providers shall comply with the provisions of 47 U.S.C.
8532(h) and (j). The cable or video providers shall not exercise
9any editorial control over any video programming provided
10pursuant to this Section, or in any other way consider the
11content of such programming, except that a cable or video
12provider may refuse to transmit any leased access program or
13portion of a leased access program that contains obscenity,
14indecency, or nudity and may consider such content to the
15minimum extent necessary to establish a reasonable price for
16the commercial use of designated channel capacity by an
17unaffiliated person. This subsection (n) shall permit cable or
18video providers to enforce prospectively a written and
19published policy of prohibiting programming that the cable or
20video provider reasonably believes describes or depicts sexual
21or excretory activities or organs in a patently offensive
22manner as measured by contemporary community standards.
23        (2) Upon customer request, the cable or video provider
24    shall, without charge, fully scramble or otherwise fully
25    block the audio and video programming of each channel
26    carrying such programming so that a person who is not a

 

 

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1    subscriber does not receive the channel or programming.
2        (3) In providing sexually explicit adult programming
3    or other programming that is indecent on any channel of its
4    service primarily dedicated to sexually oriented
5    programming, the cable or video provider shall fully
6    scramble or otherwise fully block the video and audio
7    portion of such channel so that a person who is not a
8    subscriber to such channel or programming does not receive
9    it.
10        (4) Scramble means to rearrange the content of the
11    signal of the programming so that the programming cannot be
12    viewed or heard in an understandable manner.
13    (o) Cable or video providers will maintain a listing,
14specific to the level of street address, of the areas where its
15cable or video services are available. Customers who inquire
16about purchasing cable or video service shall be informed about
17whether the cable or video provider's cable or video services
18are currently available to them at their specific location.
19    (p) Cable or video providers shall not disclose the name,
20address, telephone number or other personally identifying
21information of a cable service or video service customer to be
22used in mailing lists or to be used for other commercial
23purposes not reasonably related to the conduct of its business
24unless the cable or video provider has provided to the customer
25a notice, separately or included in any other customer service
26notice, that clearly and conspicuously describes the

 

 

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1customer's ability to prohibit the disclosure. Cable or video
2providers shall provide an address and telephone number for a
3customer to use without a toll charge to prevent disclosure of
4the customer's name and address in mailing lists or for other
5commercial purposes not reasonably related to the conduct of
6its business to other businesses or affiliates of the cable or
7video provider. Cable or video providers shall comply with the
8consumer privacy requirements of Section 26-4.5 of the Criminal
9Code of 2012, the Restricted Call Registry Act, and 47 U.S.C.
10551 that are in effect as of June 30, 2007 (the effective date
11of Public Act 95-9) and as amended thereafter.
12    (q) Cable or video providers shall implement an informal
13process for handling inquiries from local units of government
14and customers concerning billing issues, service issues,
15privacy concerns, and other consumer complaints. In the event
16that an issue is not resolved through this informal process, a
17local unit of government or the customer may request nonbinding
18mediation with the cable or video provider, with each party to
19bear its own costs of such mediation. Selection of the mediator
20will be by mutual agreement, and preference will be given to
21mediation services that do not charge the consumer for their
22services. In the event that the informal process does not
23produce a satisfactory result to the customer or the local unit
24of government, enforcement may be pursued as provided in
25subdivision (4) of subsection (r) of this Section.
26    (r) The Attorney General and the local unit of government

 

 

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1may enforce all of the customer service and privacy protection
2standards of this Section with respect to complaints received
3from residents within the local unit of government's
4jurisdiction, but it may not adopt or seek to enforce any
5additional or different customer service or performance
6standards under any other authority or provision of law.
7        (1) The local unit of government may, by ordinance,
8    provide a schedule of penalties for any material breach of
9    this Section by cable or video providers in addition to the
10    penalties provided herein. No monetary penalties shall be
11    assessed for a material breach if it is out of the
12    reasonable control of the cable or video providers or its
13    affiliate. Monetary penalties adopted in an ordinance
14    pursuant to this Section shall apply on a competitively
15    neutral basis to all providers of cable service or video
16    service within the local unit of government's
17    jurisdiction. In no event shall the penalties imposed under
18    this subsection (r) exceed $750 for each day of the
19    material breach, and these penalties shall not exceed
20    $25,000 for each occurrence of a material breach per
21    customer.
22        (2) For purposes of this Section, "material breach"
23    means any substantial failure of a cable or video service
24    provider to comply with service quality and other standards
25    specified in any provision of this Act. The Attorney
26    General or the local unit of government shall give the

 

 

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1    cable or video provider written notice of any alleged
2    material breaches of this Act and allow such provider at
3    least 30 days from receipt of the notice to remedy the
4    specified material breach.
5        (3) A material breach, for the purposes of assessing
6    penalties, shall be deemed to have occurred for each day
7    that a material breach has not been remedied by the cable
8    service or video service provider after the expiration of
9    the period specified in subdivision (2) of this subsection
10    (r) in each local unit of government's jurisdiction,
11    irrespective of the number of customers affected.
12        (4) Any customer, the Attorney General, or a local unit
13    of government may pursue alleged violations of this Act by
14    the cable or video provider in a court of competent
15    jurisdiction. A cable or video provider may seek judicial
16    review of a decision of a local unit of government imposing
17    penalties in a court of competent jurisdiction. No local
18    unit of government shall be subject to suit for damages or
19    other relief based upon its action in connection with its
20    enforcement or review of any of the terms, conditions, and
21    rights contained in this Act except a court may require the
22    return of any penalty it finds was not properly assessed or
23    imposed.
24    (s) Cable or video providers shall credit customers for
25violations in the amounts stated herein. The credits shall be
26applied on the statement issued to the customer for the next

 

 

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1monthly billing cycle following the violation or following the
2discovery of the violation. Cable or video providers are
3responsible for providing the credits described herein and the
4customer is under no obligation to request the credit. If the
5customer is no longer taking service from the cable or video
6provider, the credit amount will be refunded to the customer by
7check within 30 days of the termination of service. A local
8unit of government may, by ordinance, adopt a schedule of
9credits payable directly to customers for breach of the
10customer service standards and obligations contained in this
11Article, provided the schedule of customer credits applies on a
12competitively neutral basis to all providers of cable service
13or video service in the local unit of government's jurisdiction
14and the credits are not greater than the credits provided in
15this Section.
16        (1) Failure to keep an appointment or to notify the
17    customer prior to the close of business on the business day
18    prior to the scheduled appointment: $25.00.
19        (2) Violation of customer service and billing
20    standards in subsections (c) and (d) of this Section:
21    $25.00 per occurrence.
22        (3) Violation of the bundling rules in subsection (h)
23    of this Section: $25.00 per month.
24    (t) The enforcement powers granted to the Attorney General
25in Article XXI of this Act shall apply to this Article, except
26that the Attorney General may not seek penalties for violation

 

 

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1of this Article other than in the amounts specified herein.
2Nothing in this Section shall limit or affect the powers of the
3Attorney General to enforce the provisions of Article XXI of
4this Act or the Consumer Fraud and Deceptive Business Practices
5Act.
6    (u) This Article applies to all cable and video providers
7in the State, including but not limited to those operating
8under a local franchise as that term is used in 47 U.S.C.
9522(9), those operating under authorization pursuant to
10Section 11-42-11 of the Illinois Municipal Code, those
11operating under authorization pursuant to Section 5-1095 of the
12Counties Code, and those operating under a State-issued
13authorization pursuant to Article XXI of this Act.
14(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
1598-45, eff. 6-28-13.)".