Rep. Brandon W. Phelps
Filed: 5/29/2017
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1 | AMENDMENT TO SENATE BILL 1839
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2 | AMENDMENT NO. ______. Amend Senate Bill 1839 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Emergency Telephone System Act is amended | ||||||
5 | by changing Sections 15.3, 15.3a, and 99 as follows:
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6 | (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
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7 | (Section scheduled to be repealed on July 1, 2017)
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8 | Sec. 15.3. Local non-wireless surcharge. | ||||||
9 | (a) Except as provided in subsection (l) of this Section, | ||||||
10 | the corporate authorities of any municipality or any
county | ||||||
11 | may, subject to the limitations of subsections (c), (d), and | ||||||
12 | (h),
and in addition to any tax levied pursuant to the | ||||||
13 | Simplified Municipal
Telecommunications Tax Act, impose a | ||||||
14 | monthly surcharge on billed subscribers
of network connection | ||||||
15 | provided by telecommunication carriers engaged in the
business | ||||||
16 | of transmitting messages by means of electricity originating |
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1 | within
the corporate limits of the municipality or county | ||||||
2 | imposing the surcharge at
a rate per network connection | ||||||
3 | determined in accordance with subsection (c), however the | ||||||
4 | monthly surcharge shall not apply to a network connection | ||||||
5 | provided for use with pay telephone services.
Provided, | ||||||
6 | however, that where multiple voice grade communications | ||||||
7 | channels
are connected between the subscriber's premises and a | ||||||
8 | public switched network
through private branch exchange (PBX) | ||||||
9 | or centrex type service, a municipality
imposing a surcharge at | ||||||
10 | a rate per network connection, as determined in
accordance with | ||||||
11 | this Act, shall impose: | ||||||
12 | (i) in a municipality with a population of 500,000 or | ||||||
13 | less or in any county, 5 such surcharges per network
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14 | connection, as determined in accordance with Section 2 | ||||||
15 | subsections (a) and (d) of
Section 2.12 of this Act, for | ||||||
16 | both regular service and advanced service provisioned | ||||||
17 | trunk lines; | ||||||
18 | (ii) in a municipality with a population, prior to | ||||||
19 | March 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
20 | connection, as determined in accordance
with Section 2 | ||||||
21 | subsections (a) and (d) of Section 2.12 of this Act, for | ||||||
22 | both regular service and advanced
service provisioned | ||||||
23 | trunk lines; | ||||||
24 | (iii) in a municipality with a population, as of March | ||||||
25 | 1, 2010, of 500,000 or more, 5 surcharges per network | ||||||
26 | connection, as determined in
accordance with Section 2 |
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1 | subsections (a) and (d) of Section 2.12 of this Act, for | ||||||
2 | regular service
provisioned trunk lines, and 12 surcharges | ||||||
3 | per network connection, as determined in accordance
with | ||||||
4 | Section 2 subsections (a) and (d) of Section 2.12 of this | ||||||
5 | Act, for advanced service provisioned trunk
lines, except | ||||||
6 | where an advanced service provisioned trunk line supports | ||||||
7 | at least 2 but fewer
than 23 simultaneous voice grade calls | ||||||
8 | ("VGC's"), a telecommunication carrier may
elect to impose | ||||||
9 | fewer than 12 surcharges per trunk line as provided in | ||||||
10 | subsection (iv)
of this Section; or | ||||||
11 | (iv) for an advanced service provisioned trunk line | ||||||
12 | connected between the
subscriber's premises and the public | ||||||
13 | switched network through a P.B.X., where the advanced
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14 | service provisioned trunk line is capable of transporting | ||||||
15 | at least 2 but fewer than 23
simultaneous VGC's per trunk | ||||||
16 | line, the telecommunications carrier collecting the | ||||||
17 | surcharge
may elect to impose surcharges in accordance with | ||||||
18 | the table provided in this Section, without limiting
any | ||||||
19 | telecommunications carrier's obligations to otherwise keep | ||||||
20 | and maintain records. Any
telecommunications carrier | ||||||
21 | electing to impose fewer than 12 surcharges per an advanced
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22 | service provisioned trunk line shall keep and maintain | ||||||
23 | records adequately to demonstrate the
VGC capability of | ||||||
24 | each advanced service provisioned trunk line with fewer | ||||||
25 | than 12
surcharges imposed, provided that 12 surcharges | ||||||
26 | shall be imposed on an advanced service
provisioned trunk |
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1 | line regardless of the VGC capability where a | |||||||||||||||||||||
2 | telecommunications carrier
cannot demonstrate the VGC | |||||||||||||||||||||
3 | capability of the advanced service provisioned trunk line.
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8 | Subsections (i), (ii), (iii), and (iv) are not intended to | |||||||||||||||||||||
9 | make any change in the meaning of this Section, but are | |||||||||||||||||||||
10 | intended to remove possible ambiguity, thereby confirming the | |||||||||||||||||||||
11 | intent of paragraph (a) as it existed prior to and following | |||||||||||||||||||||
12 | the effective date of this amendatory Act of the 97th General | |||||||||||||||||||||
13 | Assembly. | |||||||||||||||||||||
14 | For mobile telecommunications services, if a surcharge is | |||||||||||||||||||||
15 | imposed it shall be
imposed based upon the municipality or | |||||||||||||||||||||
16 | county that encompasses the customer's
place of primary use as | |||||||||||||||||||||
17 | defined in the Mobile Telecommunications Sourcing
Conformity | |||||||||||||||||||||
18 | Act. A municipality may enter into an intergovernmental
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19 | agreement with any county in which it is partially located, | |||||||||||||||||||||
20 | when the county
has adopted an ordinance to impose a surcharge | |||||||||||||||||||||
21 | as provided in subsection
(c), to include that portion of the | |||||||||||||||||||||
22 | municipality lying outside the county
in that county's | |||||||||||||||||||||
23 | surcharge referendum. If the county's surcharge
referendum is | |||||||||||||||||||||
24 | approved, the portion of the municipality identified in the
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1 | intergovernmental agreement shall automatically be | ||||||
2 | disconnected from the
county in which it lies and connected to | ||||||
3 | the county which approved the
referendum for purposes of a | ||||||
4 | surcharge on telecommunications carriers.
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5 | (b) For purposes of computing the surcharge imposed by | ||||||
6 | subsection (a),
the network connections to which the surcharge | ||||||
7 | shall apply shall be those
in-service network connections, | ||||||
8 | other than those network connections
assigned to the | ||||||
9 | municipality or county, where the service address for each
such | ||||||
10 | network connection or connections is located within the | ||||||
11 | corporate
limits of the municipality or county levying the | ||||||
12 | surcharge. Except for mobile
telecommunication services, the | ||||||
13 | "service address" shall mean the location of
the primary use of | ||||||
14 | the network connection or connections. For mobile
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15 | telecommunication services, "service address" means the | ||||||
16 | customer's place of
primary use as defined in the Mobile | ||||||
17 | Telecommunications Sourcing Conformity
Act.
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18 | (c) Upon the passage of an ordinance to impose a surcharge | ||||||
19 | under this
Section the clerk of the municipality or county | ||||||
20 | shall certify the question
of whether the surcharge may be | ||||||
21 | imposed to the proper election authority
who shall submit the | ||||||
22 | public question to the electors of the municipality or
county | ||||||
23 | in accordance with the general election law; provided that such
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24 | question shall not be submitted at a consolidated primary | ||||||
25 | election. The
public question shall be in substantially the | ||||||
26 | following form:
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1 | -------------------------------------------------------------
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2 | Shall the county (or city, village
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3 | or incorporated town) of ..... impose YES
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4 | a surcharge of up to ...ยข per month per
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5 | network connection, which surcharge will
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6 | be added to the monthly bill you receive ------------------
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7 | for telephone or telecommunications
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8 | charges, for the purpose of installing
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9 | (or improving) a 9-1-1 Emergency NO
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10 | Telephone System?
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11 | -------------------------------------------------------------
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12 | If a majority of the votes cast upon the public question | ||||||
13 | are in favor
thereof, the surcharge shall be imposed.
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14 | However, if a Joint Emergency Telephone System Board is to | ||||||
15 | be created
pursuant to an intergovernmental agreement under | ||||||
16 | Section 15.4, the
ordinance to impose the surcharge shall be | ||||||
17 | subject to the approval of a
majority of the total number of | ||||||
18 | votes cast upon the public question by the
electors of all of | ||||||
19 | the municipalities or counties, or combination thereof,
that | ||||||
20 | are parties to the intergovernmental agreement.
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21 | The referendum requirement of this subsection (c) shall not | ||||||
22 | apply
to any municipality with a population over 500,000 or to | ||||||
23 | any
county in which a proposition as to whether a sophisticated | ||||||
24 | 9-1-1 Emergency
Telephone System should be installed in the | ||||||
25 | county, at a cost not to
exceed a specified monthly amount per | ||||||
26 | network connection, has previously
been approved by a majority |
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1 | of the electors of the county voting on the
proposition at an | ||||||
2 | election conducted before the effective date of this
amendatory | ||||||
3 | Act of 1987.
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4 | (d) A county may not impose a surcharge, unless requested | ||||||
5 | by a
municipality, in any incorporated area which has | ||||||
6 | previously approved a
surcharge as provided in subsection (c) | ||||||
7 | or in any incorporated area where
the corporate authorities of | ||||||
8 | the municipality have previously entered into
a binding | ||||||
9 | contract or letter of intent with a telecommunications carrier | ||||||
10 | to
provide sophisticated 9-1-1 service through municipal | ||||||
11 | funds.
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12 | (e) A municipality or county may at any time by ordinance | ||||||
13 | change the
rate of the surcharge imposed under this Section if | ||||||
14 | the new rate does not
exceed the rate specified in the | ||||||
15 | referendum held pursuant to subsection (c).
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16 | (f) The surcharge authorized by this Section shall be | ||||||
17 | collected from
the subscriber by the telecommunications | ||||||
18 | carrier providing the subscriber
the network connection as a | ||||||
19 | separately stated item on the subscriber's bill.
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20 | (g) The amount of surcharge collected by the | ||||||
21 | telecommunications carrier
shall be paid to the particular | ||||||
22 | municipality or county or Joint Emergency
Telephone System | ||||||
23 | Board not later than 30 days after the surcharge is
collected, | ||||||
24 | net of any network or other 9-1-1 or sophisticated 9-1-1 system
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25 | charges then due the particular telecommunications carrier, as | ||||||
26 | shown on an
itemized bill. The telecommunications carrier |
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1 | collecting the surcharge
shall also be entitled to deduct 3% of | ||||||
2 | the gross amount of surcharge
collected to reimburse the | ||||||
3 | telecommunications carrier for the expense of
accounting and | ||||||
4 | collecting the surcharge.
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5 | (h) Except as expressly provided in subsection (a) of this | ||||||
6 | Section, on or after the effective date of this amendatory Act | ||||||
7 | of the 98th General Assembly and until July 1, 2017, a | ||||||
8 | municipality with a population of 500,000 or more shall not | ||||||
9 | impose a monthly surcharge per network connection in excess of | ||||||
10 | the highest monthly surcharge imposed as of December 31, 2020 | ||||||
11 | January 1, 2014 by any county or municipality under subsection | ||||||
12 | (c) of this Section. On or after December 31, 2020 July 1, | ||||||
13 | 2017 , a
municipality with a population over 500,000 may not | ||||||
14 | impose a
monthly surcharge in excess of $2.50
per network | ||||||
15 | connection.
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16 | (i) Any municipality or county or joint emergency telephone | ||||||
17 | system
board that has imposed a surcharge pursuant to this | ||||||
18 | Section prior to the
effective date of this amendatory Act of | ||||||
19 | 1990 shall hereafter impose the
surcharge in accordance with | ||||||
20 | subsection (b) of this Section.
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21 | (j) The corporate authorities of any municipality or county | ||||||
22 | may issue,
in accordance with Illinois law, bonds, notes or | ||||||
23 | other obligations secured
in whole or in part by the proceeds | ||||||
24 | of the surcharge described in this
Section.
The State of | ||||||
25 | Illinois pledges and agrees that it will not limit or alter
the | ||||||
26 | rights and powers vested in municipalities and counties by this |
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1 | Section
to impose the surcharge so as to impair the terms of or | ||||||
2 | affect the
security for bonds, notes or other obligations | ||||||
3 | secured in whole or in part
with the proceeds of the surcharge | ||||||
4 | described in this Section. The pledge and agreement set forth | ||||||
5 | in this Section survive the termination of the surcharge under | ||||||
6 | subsection (l) by virtue of the replacement of the surcharge | ||||||
7 | monies guaranteed under Section 20; the State of Illinois | ||||||
8 | pledges and agrees that it will not limit or alter the rights | ||||||
9 | vested in municipalities and counties to the surcharge | ||||||
10 | replacement funds guaranteed under Section 20 so as to impair | ||||||
11 | the terms of or affect the security for bonds, notes or other | ||||||
12 | obligations secured in whole or in part with the proceeds of | ||||||
13 | the surcharge described in this Section.
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14 | (k) Any surcharge collected by or imposed on a | ||||||
15 | telecommunications
carrier pursuant to this Section shall be | ||||||
16 | held to be a special fund in
trust for the municipality, county | ||||||
17 | or Joint Emergency Telephone Board
imposing the surcharge. | ||||||
18 | Except for the 3% deduction provided in subsection
(g) above, | ||||||
19 | the special fund shall not be subject to the claims of
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20 | creditors of the telecommunication carrier.
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21 | (l) On and after the effective date of this amendatory Act | ||||||
22 | of the 99th General Assembly, no county or municipality, other | ||||||
23 | than a municipality with a population over 500,000, may impose | ||||||
24 | a monthly surcharge under this Section in excess of the amount | ||||||
25 | imposed by it on the effective date of this Act. Any surcharge | ||||||
26 | imposed pursuant to this Section by a county or municipality, |
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1 | other than a municipality with a population in excess of | ||||||
2 | 500,000, shall cease to be imposed on January 1, 2016. | ||||||
3 | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
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4 | (50 ILCS 750/15.3a) | ||||||
5 | (Section scheduled to be repealed on July 1, 2017) | ||||||
6 | Sec. 15.3a. Local wireless surcharge. | ||||||
7 | (a) Notwithstanding any other provision of this Act, a unit | ||||||
8 | of local government or emergency telephone system board | ||||||
9 | providing wireless 9-1-1 service and imposing and collecting a | ||||||
10 | wireless carrier surcharge prior to July 1, 1998 may continue | ||||||
11 | its practices of imposing and collecting its wireless carrier | ||||||
12 | surcharge, but, except as provided in subsection (b) of this | ||||||
13 | Section, in no event shall that monthly surcharge exceed $2.50 | ||||||
14 | per commercial mobile radio service (CMRS) connection or | ||||||
15 | in-service telephone number billed on a monthly basis. For | ||||||
16 | mobile telecommunications services provided on and after | ||||||
17 | August 1, 2002, any surcharge imposed shall be imposed based | ||||||
18 | upon the municipality or county that encompasses the customer's | ||||||
19 | place of primary use as defined in the Mobile | ||||||
20 | Telecommunications Sourcing Conformity Act. | ||||||
21 | (b) Until December 31, 2020 July 1, 2017 , the corporate | ||||||
22 | authorities of a municipality with a population in excess of | ||||||
23 | 500,000 on the effective date of this amendatory Act of the | ||||||
24 | 99th General Assembly may by ordinance continue to impose and | ||||||
25 | collect a monthly surcharge per commercial mobile radio service |
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1 | (CMRS) connection or in-service telephone number billed on a | ||||||
2 | monthly basis that does not exceed the highest monthly | ||||||
3 | surcharge imposed as of January 1, 2014 by any county or | ||||||
4 | municipality under subsection (c) of Section 15.3 of this Act. | ||||||
5 | On or after December 31, 2020 July 1, 2017 , the municipality | ||||||
6 | may continue imposing and collecting its wireless carrier | ||||||
7 | surcharge as provided in and subject to the limitations of | ||||||
8 | subsection (a) of this Section. | ||||||
9 | (c) In addition to any other lawful purpose, a municipality | ||||||
10 | with a population over 500,000 may use the moneys collected | ||||||
11 | under this Section for any anti-terrorism or emergency | ||||||
12 | preparedness measures, including, but not limited to, | ||||||
13 | preparedness planning, providing local matching funds for | ||||||
14 | federal or State grants, personnel training, and specialized | ||||||
15 | equipment, including surveillance cameras, as needed to deal | ||||||
16 | with natural and terrorist-inspired emergency situations or | ||||||
17 | events.
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18 | (Source: P.A. 99-6, eff. 1-1-16 .) | ||||||
19 | (50 ILCS 750/99) | ||||||
20 | (Section scheduled to be repealed on July 1, 2017) | ||||||
21 | Sec. 99. Repealer. This Act is repealed on December 31, | ||||||
22 | 2020 July 1, 2017 .
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23 | (Source: P.A. 99-6, eff. 6-29-15.) | ||||||
24 | Section 15. The Prepaid Wireless 9-1-1 Surcharge Act is |
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1 | amended by changing Section 15 as follows: | ||||||
2 | (50 ILCS 753/15)
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3 | Sec. 15. Prepaid wireless 9-1-1 surcharge. | ||||||
4 | (a) Until September 30, 2015, there is hereby imposed on | ||||||
5 | consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail | ||||||
6 | transaction. Beginning October 1, 2015, the prepaid wireless | ||||||
7 | 9-1-1 surcharge shall be 3% per retail transaction.
The | ||||||
8 | surcharge authorized by this subsection (a) does not apply in a | ||||||
9 | home rule municipality having a population in excess of | ||||||
10 | 500,000. | ||||||
11 | (a-5) On or after the effective date of this amendatory Act | ||||||
12 | of the 98th General Assembly and until December 31, 2020 July | ||||||
13 | 1, 2017, a home rule municipality having a population in excess | ||||||
14 | of 500,000 on the effective date of this amendatory Act may | ||||||
15 | impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per | ||||||
16 | retail transaction sourced to that jurisdiction and collected | ||||||
17 | and remitted in accordance with the provisions of subsection | ||||||
18 | (b-5) of this Section. On or after December 31, 2020 July 1, | ||||||
19 | 2017 , a home rule municipality having a population in excess of | ||||||
20 | 500,000 on the effective date of this Act may only impose a | ||||||
21 | prepaid wireless 9-1-1 surcharge not to exceed 7% per retail | ||||||
22 | transaction sourced to that jurisdiction and collected and | ||||||
23 | remitted in accordance with the provisions of subsection (b-5). | ||||||
24 | (b) The prepaid wireless 9-1-1 surcharge shall be collected | ||||||
25 | by the seller from the consumer with respect to each retail |
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1 | transaction occurring in this State and shall be remitted to | ||||||
2 | the Department by the seller as provided in this Act. The | ||||||
3 | amount of the prepaid wireless 9-1-1 surcharge shall be | ||||||
4 | separately stated as a distinct item apart from the charge for | ||||||
5 | the prepaid wireless telecommunications service on an invoice, | ||||||
6 | receipt, or other similar document that is provided to the | ||||||
7 | consumer by the seller or shall be otherwise disclosed to the | ||||||
8 | consumer.
If the seller does not separately state the surcharge | ||||||
9 | as a distinct item to the consumer as provided in this Section, | ||||||
10 | then the seller shall maintain books and records as required by | ||||||
11 | this Act which clearly identify the amount of the 9-1-1 | ||||||
12 | surcharge for retail transactions. | ||||||
13 | For purposes of this subsection (b), a retail transaction | ||||||
14 | occurs in this State if (i) the retail transaction is made in | ||||||
15 | person by a consumer at the seller's business location and the | ||||||
16 | business is located within the State; (ii) the seller is a | ||||||
17 | provider and sells prepaid wireless telecommunications service | ||||||
18 | to a consumer located in Illinois; (iii) the retail transaction | ||||||
19 | is treated as occurring in this State for purposes of the | ||||||
20 | Retailers' Occupation Tax Act; or (iv) a seller that is | ||||||
21 | included within the definition of a "retailer maintaining a | ||||||
22 | place of business in this State" under Section 2 of the Use Tax | ||||||
23 | Act makes a sale of prepaid wireless telecommunications service | ||||||
24 | to a consumer located in Illinois. In the case of a retail | ||||||
25 | transaction which does not occur in person at a seller's | ||||||
26 | business location, if a consumer uses a credit card to purchase |
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1 | prepaid wireless telecommunications service on-line or over | ||||||
2 | the telephone, and no product is shipped to the consumer, the | ||||||
3 | transaction occurs in this State if the billing address for the | ||||||
4 | consumer's credit card is in this State. | ||||||
5 | (b-5) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
6 | subsection (a-5) of this Section shall be collected by the | ||||||
7 | seller from the consumer with respect to each retail | ||||||
8 | transaction occurring in the municipality imposing the | ||||||
9 | surcharge. The amount of the prepaid wireless 9-1-1 surcharge | ||||||
10 | shall be separately stated on an invoice, receipt, or other | ||||||
11 | similar document that is provided to the consumer by the seller | ||||||
12 | or shall be otherwise disclosed to the consumer. If the seller | ||||||
13 | does not separately state the surcharge as a distinct item to | ||||||
14 | the consumer as provided in this Section, then the seller shall | ||||||
15 | maintain books and records as required by this Act which | ||||||
16 | clearly identify the amount of the 9-1-1 surcharge for retail | ||||||
17 | transactions. | ||||||
18 | For purposes of this subsection (b-5), a retail transaction | ||||||
19 | occurs in the municipality if (i) the retail transaction is | ||||||
20 | made in person by a consumer at the seller's business location | ||||||
21 | and the business is located within the municipality; (ii) the | ||||||
22 | seller is a provider and sells prepaid wireless | ||||||
23 | telecommunications service to a consumer located in the | ||||||
24 | municipality; (iii) the retail transaction is treated as | ||||||
25 | occurring in the municipality for purposes of the Retailers' | ||||||
26 | Occupation Tax Act; or (iv) a seller that is included within |
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1 | the definition of a "retailer maintaining a place of business | ||||||
2 | in this State" under Section 2 of the Use Tax Act makes a sale | ||||||
3 | of prepaid wireless telecommunications service to a consumer | ||||||
4 | located in the municipality. In the case of a retail | ||||||
5 | transaction which does not occur in person at a seller's | ||||||
6 | business location, if a consumer uses a credit card to purchase | ||||||
7 | prepaid wireless telecommunications service on-line or over | ||||||
8 | the telephone, and no product is shipped to the consumer, the | ||||||
9 | transaction occurs in the municipality if the billing address | ||||||
10 | for the consumer's credit card is in the municipality. | ||||||
11 | (c) The prepaid wireless 9-1-1 surcharge is imposed on the | ||||||
12 | consumer and not on any provider. The seller shall be liable to | ||||||
13 | remit all prepaid wireless 9-1-1 surcharges that the seller | ||||||
14 | collects from consumers as provided in Section 20, including | ||||||
15 | all such surcharges that the seller is deemed to collect where | ||||||
16 | the amount of the surcharge has not been separately stated on | ||||||
17 | an invoice, receipt, or other similar document provided to the | ||||||
18 | consumer by the seller.
The surcharge collected or deemed | ||||||
19 | collected by a seller shall constitute a debt owed by the | ||||||
20 | seller to this State, and any such surcharge actually collected | ||||||
21 | shall be held in trust for the benefit of the Department. | ||||||
22 | For purposes of this subsection (c), the surcharge shall | ||||||
23 | not be imposed or collected from entities that have an active | ||||||
24 | tax exemption identification number issued by the Department | ||||||
25 | under Section 1g of the Retailers' Occupation Tax Act. | ||||||
26 | (d) The amount of the prepaid wireless 9-1-1 surcharge that |
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1 | is collected by a seller from a consumer, if such amount is | ||||||
2 | separately stated on an invoice, receipt, or other similar | ||||||
3 | document provided to the consumer by the seller, shall not be | ||||||
4 | included in the base for measuring any tax, fee, surcharge, or | ||||||
5 | other charge that is imposed by this State, any political | ||||||
6 | subdivision of this State, or any intergovernmental agency.
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7 | (e) (Blank).
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8 | (e-5) Any changes in the rate of the surcharge imposed by a | ||||||
9 | municipality under the authority granted in subsection (a-5) of | ||||||
10 | this Section shall be effective on the first day of the first | ||||||
11 | calendar month to occur at least 60 days after the enactment of | ||||||
12 | the change. The Department shall provide not less than 30 days' | ||||||
13 | notice of the increase or reduction in the rate of such | ||||||
14 | surcharge on the Department's website. | ||||||
15 | (f) When prepaid wireless telecommunications service is | ||||||
16 | sold with one or more other products or services for a single, | ||||||
17 | non-itemized price, then the percentage specified in | ||||||
18 | subsection (a) or (a-5) of this Section 15 shall be applied to | ||||||
19 | the entire non-itemized price unless the seller elects to apply | ||||||
20 | the percentage to (i) the dollar amount of the prepaid wireless | ||||||
21 | telecommunications service if that dollar amount is disclosed | ||||||
22 | to the consumer or (ii) the portion of the price that is | ||||||
23 | attributable to the prepaid wireless telecommunications | ||||||
24 | service if the retailer can identify that portion by reasonable | ||||||
25 | and verifiable standards from its books and records that are | ||||||
26 | kept in the regular course of business for other purposes, |
| |||||||
| |||||||
1 | including, but not limited to, books and records that are kept | ||||||
2 | for non-tax purposes. However, if a minimal amount of prepaid | ||||||
3 | wireless telecommunications service is sold with a prepaid | ||||||
4 | wireless device for a single, non-itemized price, then the | ||||||
5 | seller may elect not to apply the percentage specified in | ||||||
6 | subsection (a) or (a-5) of this Section 15 to such transaction. | ||||||
7 | For purposes of this subsection, an amount of service | ||||||
8 | denominated as 10 minutes or less or $5 or less is considered | ||||||
9 | minimal.
| ||||||
10 | (g) The prepaid wireless 9-1-1 surcharge imposed under | ||||||
11 | subsections (a) and (a-5) of this Section is not imposed on the | ||||||
12 | provider or the consumer for wireless Lifeline service where | ||||||
13 | the consumer does not pay the provider for the service. Where | ||||||
14 | the consumer purchases from the provider optional minutes, | ||||||
15 | texts, or other services in addition to the federally funded | ||||||
16 | Lifeline benefit, a consumer must pay the prepaid wireless | ||||||
17 | 9-1-1 surcharge, and it must be collected by the seller | ||||||
18 | according to subsection (b-5). | ||||||
19 | (Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.) | ||||||
20 | Section 20. The Public Utilities Act is amended by changing | ||||||
21 | Sections 13-506.2, 13-1200, 21-1601, 21-401, and 21-1601 as | ||||||
22 | follows: | ||||||
23 | (220 ILCS 5/13-506.2) | ||||||
24 | (Section scheduled to be repealed on July 1, 2017) |
| |||||||
| |||||||
1 | Sec. 13-506.2. Market regulation for competitive retail | ||||||
2 | services. | ||||||
3 | (a) Definitions. As used in this Section: | ||||||
4 | (1) "Electing Provider" means a telecommunications | ||||||
5 | carrier that is subject to either rate regulation pursuant | ||||||
6 | to Section 13-504 or Section 13-505 or alternative | ||||||
7 | regulation pursuant to Section 13-506.1 and that elects to | ||||||
8 | have the rates, terms, and conditions of its competitive | ||||||
9 | retail telecommunications services solely determined and | ||||||
10 | regulated pursuant to the terms of this Article. | ||||||
11 | (2) "Basic local exchange service" means either a | ||||||
12 | stand-alone residence network access line and per-call | ||||||
13 | usage or, for any geographic area in which such stand-alone | ||||||
14 | service is not offered, a stand-alone flat rate residence | ||||||
15 | network access line for which local calls are not charged | ||||||
16 | for frequency or duration. Extended Area Service shall be | ||||||
17 | included in basic local exchange service. | ||||||
18 | (3) "Existing customer" means a residential customer | ||||||
19 | who was subscribing to one of the optional packages | ||||||
20 | described in subsection (d) of this Section as of the | ||||||
21 | effective date of this amendatory Act of the 99th General | ||||||
22 | Assembly. A customer who was subscribing to one of the | ||||||
23 | optional packages on that date but stops subscribing | ||||||
24 | thereafter shall not be considered an "existing customer" | ||||||
25 | as of the date the customer stopped subscribing to the | ||||||
26 | optional package, unless the stoppage is temporary and |
| |||||||
| |||||||
1 | caused by the customer changing service address locations, | ||||||
2 | or unless the customer resumes subscribing and is eligible | ||||||
3 | to receive discounts on monthly telephone service under the | ||||||
4 | federal Lifeline program, 47 C.F.R. Part 54, Subpart E. | ||||||
5 | (4) "New customer" means a residential customer who was | ||||||
6 | not subscribing to one of the optional packages described | ||||||
7 | in subsection (d) of this Section as of the effective date | ||||||
8 | of this amendatory Act of the 99th General Assembly and who | ||||||
9 | is eligible to receive discounts on monthly telephone | ||||||
10 | service under the federal Lifeline program, 47 C.F.R. Part | ||||||
11 | 54, Subpart E. | ||||||
12 | (b) Election for market regulation.
Notwithstanding any | ||||||
13 | other provision of this Act, an Electing Provider may elect to | ||||||
14 | have the rates, terms, and conditions of its competitive retail | ||||||
15 | telecommunications services solely determined and regulated | ||||||
16 | pursuant to the terms of this Section by filing written notice | ||||||
17 | of its election for market regulation with the Commission. The | ||||||
18 | notice of election shall designate the geographic area of the | ||||||
19 | Electing Provider's service territory where the market | ||||||
20 | regulation shall apply, either on a state-wide basis or in one | ||||||
21 | or more specified Market Service Areas ("MSA") or Exchange | ||||||
22 | areas. An Electing Provider shall not make an election for | ||||||
23 | market regulation under this Section unless it commits in its | ||||||
24 | written notice of election for market regulation to fulfill the | ||||||
25 | conditions and requirements in this Section in each geographic | ||||||
26 | area in which market regulation is elected. Immediately upon |
| |||||||
| |||||||
1 | filing the notice of election for market regulation, the | ||||||
2 | Electing Provider shall be subject to the jurisdiction of the | ||||||
3 | Commission to the extent expressly provided in this Section. | ||||||
4 | (c) Competitive classification. Market regulation shall be | ||||||
5 | available for competitive retail telecommunications services | ||||||
6 | as provided in this subsection. | ||||||
7 | (1) For geographic areas in which telecommunications | ||||||
8 | services provided by the Electing Provider were classified | ||||||
9 | as competitive either through legislative action or a | ||||||
10 | tariff filing pursuant to Section 13-502 prior to January | ||||||
11 | 1, 2010, and that are included in the Electing Provider's | ||||||
12 | notice of election pursuant to subsection (b) of this | ||||||
13 | Section, such services, and all recurring and nonrecurring | ||||||
14 | charges associated with, related to or used in connection | ||||||
15 | with such services, shall be classified as competitive | ||||||
16 | without further Commission review. For services classified | ||||||
17 | as competitive pursuant to this subsection, the | ||||||
18 | requirements or conditions in any order or decision | ||||||
19 | rendered by the Commission pursuant to Section 13-502 prior | ||||||
20 | to the effective date of this amendatory Act of the 96th | ||||||
21 | General Assembly, except for the commitments made by the | ||||||
22 | Electing Provider in such order or decision concerning the | ||||||
23 | optional packages required in subsection (d) of this | ||||||
24 | Section and basic local exchange service as defined in this | ||||||
25 | Section, shall no longer be in effect and no Commission | ||||||
26 | investigation, review, or proceeding under Section 13-502 |
| |||||||
| |||||||
1 | shall be continued, conducted, or maintained with respect | ||||||
2 | to such services, charges, requirements, or conditions. If | ||||||
3 | an Electing Provider has ceased providing optional | ||||||
4 | packages to customers pursuant to subdivision (d)(8) of | ||||||
5 | this Section, the commitments made by the Electing Provider | ||||||
6 | in such order or decision concerning the optional packages | ||||||
7 | under subsection (d) of this Section shall no longer be in | ||||||
8 | effect and no Commission investigation, review, or | ||||||
9 | proceeding under Section 13-502 shall be continued, | ||||||
10 | conducted, or maintained with respect to such packages. | ||||||
11 | (2) For those geographic areas in which residential | ||||||
12 | local exchange telecommunications services have not been | ||||||
13 | classified as competitive as of the effective date of this | ||||||
14 | amendatory Act of the 96th General Assembly, all | ||||||
15 | telecommunications services provided to residential and | ||||||
16 | business end users by an Electing Provider in the | ||||||
17 | geographic area that is included in its notice of election | ||||||
18 | pursuant to subsection (b) shall be classified as | ||||||
19 | competitive for purposes of this Article without further | ||||||
20 | Commission review. | ||||||
21 | (3) If an Electing Provider was previously subject to | ||||||
22 | alternative regulation pursuant to Section 13-506.1 of | ||||||
23 | this Article, the alternative regulation plan shall | ||||||
24 | terminate in whole for all services subject to that plan | ||||||
25 | and be of no force or effect, without further Commission | ||||||
26 | review or action, when the Electing Provider's residential |
| |||||||
| |||||||
1 | local exchange telecommunications service in each MSA in | ||||||
2 | its telecommunications service area in the State has been | ||||||
3 | classified as competitive pursuant to either subdivision | ||||||
4 | (c)(1) or (c)(2) of this Section. | ||||||
5 | (4) The service packages described in Section 13-518 | ||||||
6 | shall be classified as competitive for purposes of this | ||||||
7 | Section if offered by an Electing Provider in a geographic | ||||||
8 | area in which local exchange telecommunications service | ||||||
9 | has been classified as competitive pursuant to either | ||||||
10 | subdivision (c)(1) or (c)(2) of this Section. | ||||||
11 | (5) Where a service, or its functional equivalent, or a | ||||||
12 | substitute service offered by a carrier that is not an | ||||||
13 | Electing Provider or the incumbent local exchange carrier | ||||||
14 | for that area is also being offered by an Electing Provider | ||||||
15 | for some identifiable class or group of customers in an | ||||||
16 | exchange, group of exchanges, or some other clearly defined | ||||||
17 | geographical area, the service offered by a carrier that is | ||||||
18 | not an Electing Provider or the incumbent local exchange | ||||||
19 | carrier for that area shall be classified as competitive | ||||||
20 | without further Commission review. | ||||||
21 | (6) Notwithstanding any other provision of this Act, | ||||||
22 | retail telecommunications services classified as | ||||||
23 | competitive pursuant to Section 13-502 or subdivision | ||||||
24 | (c)(5) of this Section shall have their rates, terms, and | ||||||
25 | conditions solely determined and regulated pursuant to the | ||||||
26 | terms of this Section in the same manner and to the same |
| |||||||
| |||||||
1 | extent as the competitive retail telecommunications | ||||||
2 | services of an Electing Provider, except that subsections | ||||||
3 | (d), (g), and (j) of this Section shall not apply to a | ||||||
4 | carrier that is not an Electing Provider or to the | ||||||
5 | competitive telecommunications services of a carrier that | ||||||
6 | is not an Electing Provider. The access services of a | ||||||
7 | carrier that is not an Electing Provider shall remain | ||||||
8 | subject to Section 13-900.2. The requirements in | ||||||
9 | subdivision (e)(3) of this Section shall not apply to | ||||||
10 | retail telecommunications services classified as | ||||||
11 | competitive pursuant to Section 13-502 or subdivision | ||||||
12 | (c)(5) of this Section, except that, upon request from the | ||||||
13 | Commission, the telecommunications carrier providing | ||||||
14 | competitive retail telecommunications services shall | ||||||
15 | provide a report showing the number of credits and | ||||||
16 | exemptions for the requested time period. | ||||||
17 | (d) Consumer choice safe harbor options. | ||||||
18 | (1) Subject to subdivision (d)(8) of this Section, an | ||||||
19 | Electing Provider in each of the MSA or Exchange areas | ||||||
20 | classified as competitive pursuant to subdivision (c)(1) | ||||||
21 | or (c)(2) of this Section shall offer to all residential | ||||||
22 | customers who choose to subscribe the following optional | ||||||
23 | packages of services priced at the same rate levels in | ||||||
24 | effect on January 1, 2010: | ||||||
25 | (A) A basic package, which shall consist of a | ||||||
26 | stand-alone residential network access line and 30 |
| |||||||
| |||||||
1 | local calls. If the Electing Provider offers a | ||||||
2 | stand-alone residential access line and local usage on | ||||||
3 | a per call basis, the price for the basic package shall | ||||||
4 | be the Electing Provider's applicable price in effect | ||||||
5 | on January 1, 2010 for the sum of a residential access | ||||||
6 | line and 30 local calls, additional calls over 30 calls | ||||||
7 | shall be provided at the current per call rate. | ||||||
8 | However, this basic package is not required if | ||||||
9 | stand-alone residential network access lines or | ||||||
10 | per-call local usage are not offered by the Electing | ||||||
11 | Provider in the geographic area on January 1, 2010 or | ||||||
12 | if the Electing Provider has not increased its | ||||||
13 | stand-alone network access line and local usage rates, | ||||||
14 | including Extended Area Service rates, since January | ||||||
15 | 1, 2010. | ||||||
16 | (B) An extra package, which shall consist of | ||||||
17 | residential basic local exchange network access line | ||||||
18 | and unlimited local calls. The price for the extra | ||||||
19 | package shall be the Electing Provider's applicable | ||||||
20 | price in effect on January 1, 2010 for a residential | ||||||
21 | access line with unlimited local calls. | ||||||
22 | (C) A plus package, which shall consist of | ||||||
23 | residential basic local exchange network access line, | ||||||
24 | unlimited local calls, and the customer's choice of 2 | ||||||
25 | vertical services offered by the Electing Provider. | ||||||
26 | The term "vertical services" as used in this |
| |||||||
| |||||||
1 | subsection, includes, but is not limited to, call | ||||||
2 | waiting, call forwarding, 3-way calling, caller ID, | ||||||
3 | call tracing, automatic callback, repeat dialing, and | ||||||
4 | voicemail. The price for the plus package shall be the | ||||||
5 | Electing Provider's applicable price in effect on | ||||||
6 | January 1, 2010 for the sum of a residential access | ||||||
7 | line with unlimited local calls and 2 times the average | ||||||
8 | price for the vertical features included in the | ||||||
9 | package. | ||||||
10 | (2) Subject to subdivision (d)(8) of this Section, for | ||||||
11 | those geographic areas in which local exchange | ||||||
12 | telecommunications services were classified as competitive | ||||||
13 | on the effective date of this amendatory Act of the 96th | ||||||
14 | General Assembly, an Electing Provider in each such MSA or | ||||||
15 | Exchange area shall be subject to the same terms and | ||||||
16 | conditions as provided in commitments made by the Electing | ||||||
17 | Provider in connection with such previous competitive | ||||||
18 | classifications, which shall apply with equal force under | ||||||
19 | this Section, except as follows: (i) the limits on price | ||||||
20 | increases on the optional packages required by this Section | ||||||
21 | shall be extended consistent with subsection (d)(1) of this | ||||||
22 | Section and (ii) the price for the extra package required | ||||||
23 | by subsection (d)(1)(B) shall be reduced by one dollar from | ||||||
24 | the price in effect on January 1, 2010. In addition, if an | ||||||
25 | Electing Provider obtains a competitive classification | ||||||
26 | pursuant to subsection (c)(1) and (c)(2), the price for the |
| |||||||
| |||||||
1 | optional packages shall be determined in such area in | ||||||
2 | compliance with subsection (d)(1), except the price for the | ||||||
3 | plus package required by subsection (d)(1) (C) shall be the | ||||||
4 | lower of the price for such area or the price of the plus | ||||||
5 | package in effect on January 1, 2010 for areas classified | ||||||
6 | as competitive pursuant to subsection (c)(1). | ||||||
7 | (3) To the extent that the requirements in Section | ||||||
8 | 13-518 applied to a telecommunications carrier prior to the | ||||||
9 | effective date of this Section and that telecommunications | ||||||
10 | carrier becomes an Electing Provider in accordance with the | ||||||
11 | provisions of this Section, the requirements in Section | ||||||
12 | 13-518 shall cease to apply to that Electing Provider in | ||||||
13 | those geographic areas included in the Electing Provider's | ||||||
14 | notice of election pursuant to subsection (b) of this | ||||||
15 | Section. | ||||||
16 | (4) Subject to subdivision (d)(8) of this Section, an | ||||||
17 | Electing Provider shall make the optional packages | ||||||
18 | required by this subsection and stand-alone residential | ||||||
19 | network access lines and local usage, where offered, | ||||||
20 | readily available to the public by providing information, | ||||||
21 | in a clear manner, to residential customers. Information | ||||||
22 | shall be made available on a website, and an Electing | ||||||
23 | Provider shall provide notification to its customers every | ||||||
24 | 6 months, provided that notification may consist of a bill | ||||||
25 | page message that provides an objective description of the | ||||||
26 | safe harbor options that includes a telephone number and |
| |||||||
| |||||||
1 | website address where the customer may obtain additional | ||||||
2 | information about the packages from the Electing Provider. | ||||||
3 | The optional packages shall be offered on a monthly basis | ||||||
4 | with no term of service requirement. An Electing Provider | ||||||
5 | shall allow online electronic ordering of the optional | ||||||
6 | packages and stand-alone residential network access lines | ||||||
7 | and local usage, where offered, on its website in a manner | ||||||
8 | similar to the online electronic ordering of its other | ||||||
9 | residential services. | ||||||
10 | (5) Subject to subdivision (d)(8) of this Section, an | ||||||
11 | Electing Provider shall comply with the Commission's | ||||||
12 | existing rules, regulations, and notices in Title 83, Part | ||||||
13 | 735 of the Illinois Administrative Code when offering or | ||||||
14 | providing the optional packages required by this | ||||||
15 | subsection (d) and stand-alone residential network access | ||||||
16 | lines. | ||||||
17 | (6) Subject to subdivision (d)(8) of this Section, an | ||||||
18 | Electing Provider shall provide to the Commission | ||||||
19 | semi-annual subscribership reports as of June 30 and | ||||||
20 | December 31 that contain the number of its customers | ||||||
21 | subscribing to each of the consumer choice safe harbor | ||||||
22 | packages required by subsection (d)(1) of this Section and | ||||||
23 | the number of its customers subscribing to retail | ||||||
24 | residential basic local exchange service as defined in | ||||||
25 | subsection (a)(2) of this Section. The first semi-annual | ||||||
26 | reports shall be made on April 1, 2011 for December 31, |
| |||||||
| |||||||
1 | 2010, and on September 1, 2011 for June 30, 2011, and | ||||||
2 | semi-annually on April 1 and September 1 thereafter. Such | ||||||
3 | subscribership information shall be accorded confidential | ||||||
4 | and proprietary treatment upon request by the Electing | ||||||
5 | Provider. | ||||||
6 | (7) The Commission shall have the power, after notice | ||||||
7 | and hearing as provided in this Article, upon complaint or | ||||||
8 | upon its own motion, to take corrective action if the | ||||||
9 | requirements of this Section are not complied with by an | ||||||
10 | Electing Provider. | ||||||
11 | (8) On and after the effective date of this amendatory | ||||||
12 | Act of the 99th General Assembly, an Electing Provider | ||||||
13 | shall continue to offer and provide the optional packages | ||||||
14 | described in this subsection (d) to existing customers and | ||||||
15 | new customers. On and after December 31, 2020 July 1, 2017 , | ||||||
16 | an Electing Provider may immediately stop offering the | ||||||
17 | optional packages described in this subsection (d) and, | ||||||
18 | upon providing two notices to affected customers and to the | ||||||
19 | Commission, may stop providing the optional packages | ||||||
20 | described in this subsection (d) to all customers who | ||||||
21 | subscribe to one of the optional packages. The first notice | ||||||
22 | shall be provided at least 90 days before the date upon | ||||||
23 | which the Electing Provider intends to stop providing the | ||||||
24 | optional packages, and the second notice must be provided | ||||||
25 | at least 30 days before that date. The first notice shall | ||||||
26 | not be provided prior to December 31, 2020 July 1, 2017 . |
| |||||||
| |||||||
1 | Each notice must identify the date on which the Electing | ||||||
2 | Provider intends to stop providing the optional packages, | ||||||
3 | at least one alternative service available to the customer, | ||||||
4 | and a telephone number by which the customer may contact a | ||||||
5 | service representative of the Electing Provider. After | ||||||
6 | December 31, 2020 July 1, 2017 with respect to new | ||||||
7 | customers, and upon the expiration of the second notice | ||||||
8 | period with respect to customers who were subscribing to | ||||||
9 | one of the optional packages, subdivisions (d)(1), (d)(2), | ||||||
10 | (d)(4), (d)(5), (d)(6), and (d)(7) of this Section shall | ||||||
11 | not apply to the Electing Provider. Notwithstanding any | ||||||
12 | other provision of this Article, an Electing Provider that | ||||||
13 | has ceased providing the optional packages under this | ||||||
14 | subdivision (d)(8) is not subject to Section 13-301(1)(c) | ||||||
15 | of this Act. Notwithstanding any other provision of this | ||||||
16 | Act, and subject to subdivision (d)(7) of this Section, the | ||||||
17 | Commission's authority over the discontinuance of the | ||||||
18 | optional packages described in this subsection (d) by an | ||||||
19 | Electing Provider shall be governed solely by this | ||||||
20 | subsection (d)(8). | ||||||
21 | (e) Service quality and customer credits for basic local | ||||||
22 | exchange service. | ||||||
23 | (1) An Electing Provider shall meet the following | ||||||
24 | service quality standards in providing basic local | ||||||
25 | exchange service, which for purposes of this subsection | ||||||
26 | (e), includes both basic local exchange service and any |
| |||||||
| |||||||
1 | consumer choice safe harbor options that may be required by | ||||||
2 | subsection (d) of this Section. | ||||||
3 | (A) Install basic local exchange service within 5 | ||||||
4 | business days after receipt of an order from the | ||||||
5 | customer unless the customer requests an installation | ||||||
6 | date that is beyond 5 business days after placing the | ||||||
7 | order for basic service and to inform the customer of | ||||||
8 | the Electing Provider's duty to install service within | ||||||
9 | this timeframe. If installation of service is | ||||||
10 | requested on or by a date more than 5 business days in | ||||||
11 | the future, the Electing Provider shall install | ||||||
12 | service by the date requested. | ||||||
13 | (B) Restore basic local exchange service for the | ||||||
14 | customer within 30 hours after receiving notice that | ||||||
15 | the customer is out of service. | ||||||
16 | (C) Keep all repair and installation appointments | ||||||
17 | for basic local exchange service if a customer premises | ||||||
18 | visit requires a customer to be present. The | ||||||
19 | appointment window shall be either a specific time or, | ||||||
20 | at a maximum, a 4-hour time block during evening, | ||||||
21 | weekend, and normal business hours. | ||||||
22 | (D) Inform a customer when a repair or installation | ||||||
23 | appointment requires the customer to be present. | ||||||
24 | (2) Customers shall be credited by the Electing | ||||||
25 | Provider for violations of basic local exchange service | ||||||
26 | quality standards described in subdivision (e)(1) of this |
| |||||||
| |||||||
1 | Section. The credits shall be applied automatically on the | ||||||
2 | statement issued to the customer for the next monthly | ||||||
3 | billing cycle following the violation or following the | ||||||
4 | discovery of the violation. The next monthly billing cycle | ||||||
5 | following the violation or the discovery of the violation | ||||||
6 | means the billing cycle immediately following the billing | ||||||
7 | cycle in process at the time of the violation or discovery | ||||||
8 | of the violation, provided the total time between the | ||||||
9 | violation or discovery of the violation and the issuance of | ||||||
10 | the credit shall not exceed 60 calendar days. The Electing | ||||||
11 | Provider is responsible for providing the credits and the | ||||||
12 | customer is under no obligation to request such credits. | ||||||
13 | The following credits shall apply: | ||||||
14 | (A) If an Electing Provider fails to repair an | ||||||
15 | out-of-service condition for basic local exchange | ||||||
16 | service within 30 hours, the Electing Provider shall | ||||||
17 | provide a credit to the customer. If the service | ||||||
18 | disruption is for more than 30 hours, but not more than | ||||||
19 | 48 hours, the credit must be equal to a pro-rata | ||||||
20 | portion of the monthly recurring charges for all basic | ||||||
21 | local exchange services disrupted. If the service | ||||||
22 | disruption is for more than 48 hours, but not more than | ||||||
23 | 72 hours, the credit must be equal to at least 33% of | ||||||
24 | one month's recurring charges for all local services | ||||||
25 | disrupted. If the service disruption is for more than | ||||||
26 | 72 hours, but not more than 96 hours, the credit must |
| |||||||
| |||||||
1 | be equal to at least 67% of one month's recurring | ||||||
2 | charges for all basic local exchange services | ||||||
3 | disrupted. If the service disruption is for more than | ||||||
4 | 96 hours, but not more than 120 hours, the credit must | ||||||
5 | be equal to one month's recurring charges for all basic | ||||||
6 | local exchange services disrupted. For each day or | ||||||
7 | portion thereof that the service disruption continues | ||||||
8 | beyond the initial 120-hour period, the Electing | ||||||
9 | Provider shall also provide an additional credit of $20 | ||||||
10 | per calendar day. | ||||||
11 | (B) If an Electing Provider fails to install basic | ||||||
12 | local exchange service as required under subdivision | ||||||
13 | (e)(1) of this Section, the Electing Provider shall | ||||||
14 | waive 50% of any installation charges, or in the | ||||||
15 | absence of an installation charge or where | ||||||
16 | installation is pursuant to the Link Up program, the | ||||||
17 | Electing Provider shall provide a credit of $25. If an | ||||||
18 | Electing Provider fails to install service within 10 | ||||||
19 | business days after the service application is placed, | ||||||
20 | or fails to install service within 5 business days | ||||||
21 | after the customer's requested installation date, if | ||||||
22 | the requested date was more than 5 business days after | ||||||
23 | the date of the order, the Electing Provider shall | ||||||
24 | waive 100% of the installation charge, or in the | ||||||
25 | absence of an installation charge or where | ||||||
26 | installation is provided pursuant to the Link Up |
| |||||||
| |||||||
1 | program, the Electing Provider shall provide a credit | ||||||
2 | of $50. For each day that the failure to install | ||||||
3 | service continues beyond the initial 10 business days, | ||||||
4 | or beyond 5 business days after the customer's | ||||||
5 | requested installation date, if the requested date was | ||||||
6 | more than 5 business days after the date of the order, | ||||||
7 | the Electing Provider shall also provide an additional | ||||||
8 | credit of $20 per calendar day until the basic local | ||||||
9 | exchange service is installed. | ||||||
10 | (C) If an Electing Provider fails to keep a | ||||||
11 | scheduled repair or installation appointment when a | ||||||
12 | customer premises visit requires a customer to be | ||||||
13 | present as required under subdivision (e)(1) of this | ||||||
14 | Section, the Electing Provider shall credit the | ||||||
15 | customer $25 per missed appointment. A credit required | ||||||
16 | by this subdivision does not apply when the Electing | ||||||
17 | Provider provides the customer notice of its inability | ||||||
18 | to keep the appointment no later than 8:00 pm of the | ||||||
19 | day prior to the scheduled date of the appointment. | ||||||
20 | (D) Credits required by this subsection do not | ||||||
21 | apply if the violation of a service quality standard: | ||||||
22 | (i) occurs as a result of a negligent or | ||||||
23 | willful act on the part of the customer; | ||||||
24 | (ii) occurs as a result of a malfunction of | ||||||
25 | customer-owned telephone equipment or inside | ||||||
26 | wiring; |
| |||||||
| |||||||
1 | (iii) occurs as a result of, or is extended by, | ||||||
2 | an emergency situation as defined in 83 Ill. Adm. | ||||||
3 | Code 732.10; | ||||||
4 | (iv) is extended by the Electing Provider's | ||||||
5 | inability to gain access to the customer's | ||||||
6 | premises due to the customer missing an | ||||||
7 | appointment, provided that the violation is not | ||||||
8 | further extended by the Electing Provider; | ||||||
9 | (v) occurs as a result of a customer request to | ||||||
10 | change the scheduled appointment, provided that | ||||||
11 | the violation is not further extended by the | ||||||
12 | Electing Provider; | ||||||
13 | (vi) occurs as a result of an Electing | ||||||
14 | Provider's right to refuse service to a customer as | ||||||
15 | provided in Commission rules; or | ||||||
16 | (vii) occurs as a result of a lack of | ||||||
17 | facilities where a customer requests service at a | ||||||
18 | geographically remote location, where a customer | ||||||
19 | requests service in a geographic area where the | ||||||
20 | Electing Provider is not currently offering | ||||||
21 | service, or where there are insufficient | ||||||
22 | facilities to meet the customer's request for | ||||||
23 | service, subject to an Electing Provider's | ||||||
24 | obligation for reasonable facilities planning. | ||||||
25 | (3) Each Electing Provider shall provide to the | ||||||
26 | Commission on a quarterly basis and in a form suitable for |
| |||||||
| |||||||
1 | posting on the Commission's website in conformance with the | ||||||
2 | rules adopted by the Commission and in effect on April 1, | ||||||
3 | 2010, a public report that includes the following data for | ||||||
4 | basic local exchange service quality of service: | ||||||
5 | (A) With regard to credits due in accordance with | ||||||
6 | subdivision (e)(2)(A) as a result of out-of-service | ||||||
7 | conditions lasting more than 30 hours: | ||||||
8 | (i) the total dollar amount of any customer | ||||||
9 | credits paid; | ||||||
10 | (ii) the number of credits issued for repairs | ||||||
11 | between 30 and 48 hours; | ||||||
12 | (iii) the number of credits issued for repairs | ||||||
13 | between 49 and 72 hours; | ||||||
14 | (iv) the number of credits issued for repairs | ||||||
15 | between 73 and 96 hours; | ||||||
16 | (v) the number of credits used for repairs | ||||||
17 | between 97 and 120 hours; | ||||||
18 | (vi) the number of credits issued for repairs | ||||||
19 | greater than 120 hours; and | ||||||
20 | (vii) the number of exemptions claimed for | ||||||
21 | each of the categories identified in subdivision | ||||||
22 | (e)(2)(D). | ||||||
23 | (B) With regard to credits due in accordance with | ||||||
24 | subdivision (e)(2)(B) as a result of failure to install | ||||||
25 | basic local exchange service: | ||||||
26 | (i) the total dollar amount of any customer |
| |||||||
| |||||||
1 | credits paid; | ||||||
2 | (ii) the number of installations after 5 | ||||||
3 | business days; | ||||||
4 | (iii) the number of installations after 10 | ||||||
5 | business days; | ||||||
6 | (iv) the number of installations after 11 | ||||||
7 | business days; and | ||||||
8 | (v) the number of exemptions claimed for each | ||||||
9 | of the categories identified in subdivision | ||||||
10 | (e)(2)(D). | ||||||
11 | (C) With regard to credits due in accordance with | ||||||
12 | subdivision (e)(2)(C) as a result of missed | ||||||
13 | appointments: | ||||||
14 | (i) the total dollar amount of any customer | ||||||
15 | credits paid; | ||||||
16 | (ii) the number of any customers receiving | ||||||
17 | credits; and | ||||||
18 | (iii) the number of exemptions claimed for | ||||||
19 | each of the categories identified in subdivision | ||||||
20 | (e)(2)(D). | ||||||
21 | (D) The Electing Provider's annual report required | ||||||
22 | by this subsection shall also include, for | ||||||
23 | informational reporting, the performance data | ||||||
24 | described in subdivisions (e)(2)(A), (e)(2)(B), and | ||||||
25 | (e)(2)(C), and trouble reports per 100 access lines | ||||||
26 | calculated using the Commission's existing applicable |
| |||||||
| |||||||
1 | rules and regulations for such measures, including the | ||||||
2 | requirements for service standards established in this | ||||||
3 | Section. | ||||||
4 | (4) It is the intent of the General Assembly that the | ||||||
5 | service quality rules and customer credits in this | ||||||
6 | subsection (e) of this Section and other enforcement | ||||||
7 | mechanisms, including fines and penalties authorized by | ||||||
8 | Section 13-305, shall apply on a nondiscriminatory basis to | ||||||
9 | all Electing Providers. Accordingly, notwithstanding any | ||||||
10 | provision of any service quality rules promulgated by the | ||||||
11 | Commission, any alternative regulation plan adopted by the | ||||||
12 | Commission, or any other order of the Commission, any | ||||||
13 | Electing Provider that is subject to any other order of the | ||||||
14 | Commission and that violates or fails to comply with the | ||||||
15 | service quality standards promulgated pursuant to this | ||||||
16 | subsection (e) or any other order of the Commission shall | ||||||
17 | not be subject to any fines, penalties, customer credits, | ||||||
18 | or enforcement mechanisms other than such fines or | ||||||
19 | penalties or customer credits as may be imposed by the | ||||||
20 | Commission in accordance with the provisions of this | ||||||
21 | subsection (e) and Section 13-305, which are to be | ||||||
22 | generally applicable to all Electing Providers. The amount | ||||||
23 | of any fines or penalties imposed by the Commission for | ||||||
24 | failure to comply with the requirements of this subsection | ||||||
25 | (e) shall be an appropriate amount, taking into account, at | ||||||
26 | a minimum, the Electing Provider's gross annual intrastate |
| |||||||
| |||||||
1 | revenue; the frequency, duration, and recurrence of the | ||||||
2 | violation; and the relative harm caused to the affected | ||||||
3 | customers or other users of the network. In imposing fines | ||||||
4 | and penalties, the Commission shall take into account | ||||||
5 | compensation or credits paid by the Electing Provider to | ||||||
6 | its customers pursuant to this subsection (e) in | ||||||
7 | compensation for any violation found pursuant to this | ||||||
8 | subsection (e), and in any event the fine or penalty shall | ||||||
9 | not exceed an amount equal to the maximum amount of a civil | ||||||
10 | penalty that may be imposed under Section 13-305. | ||||||
11 | (5) An Electing Provider in each of the MSA or Exchange | ||||||
12 | areas classified as competitive pursuant to subsection (c) | ||||||
13 | of this Section shall fulfill the requirements in | ||||||
14 | subdivision (e)(3) of this Section for 3 years after its | ||||||
15 | notice of election becomes effective. After such 3 years, | ||||||
16 | the requirements in subdivision (e)(3) of this Section | ||||||
17 | shall not apply to such Electing Provider, except that, | ||||||
18 | upon request from the Commission, the Electing Provider | ||||||
19 | shall provide a report showing the number of credits and | ||||||
20 | exemptions for the requested time period. | ||||||
21 | (f) Commission jurisdiction over competitive retail | ||||||
22 | telecommunications services. Except as otherwise expressly | ||||||
23 | stated in this Section, the Commission shall thereafter have no | ||||||
24 | jurisdiction or authority over any aspect of competitive retail | ||||||
25 | telecommunications service of an Electing Provider in those | ||||||
26 | geographic areas included in the Electing Provider's notice of |
| |||||||
| |||||||
1 | election pursuant to subsection (b) of this Section or of a | ||||||
2 | retail telecommunications service classified as competitive | ||||||
3 | pursuant to Section 13-502 or subdivision (c)(5) of this | ||||||
4 | Section, heretofore subject to the jurisdiction of the | ||||||
5 | Commission, including but not limited to, any requirements of | ||||||
6 | this Article related to the terms, conditions, rates, quality | ||||||
7 | of service, availability, classification or any other aspect of | ||||||
8 | any competitive retail telecommunications services. No | ||||||
9 | telecommunications carrier shall commit any unfair or | ||||||
10 | deceptive act or practice in connection with any aspect of the | ||||||
11 | offering or provision of any competitive retail | ||||||
12 | telecommunications service. Nothing in this Article shall | ||||||
13 | limit or affect any provisions in the Consumer Fraud and | ||||||
14 | Deceptive Business Practices Act with respect to any unfair or | ||||||
15 | deceptive act or practice by a telecommunications carrier. | ||||||
16 | (g) Commission authority over access services upon | ||||||
17 | election for market regulation. | ||||||
18 | (1) As part of its Notice of Election for Market | ||||||
19 | Regulation, the Electing Provider shall reduce its | ||||||
20 | intrastate switched access rates to rates no higher than | ||||||
21 | its interstate switched access rates in 4 installments. The | ||||||
22 | first reduction must be made 30 days after submission of | ||||||
23 | its complete application for Notice of Election for Market | ||||||
24 | Regulation, and the Electing Provider must reduce its | ||||||
25 | intrastate switched access rates by an amount equal to 33% | ||||||
26 | of the difference between its current intrastate switched |
| |||||||
| |||||||
1 | access rates and its current interstate switched access | ||||||
2 | rates. The second reduction must be made no later than one | ||||||
3 | year after the first reduction, and the Electing Provider | ||||||
4 | must reduce its then current intrastate switched access | ||||||
5 | rates by an amount equal to 41% of the difference between | ||||||
6 | its then current intrastate switched access rates and its | ||||||
7 | then current interstate switched access rates. The third | ||||||
8 | reduction must be made no later than one year after the | ||||||
9 | second reduction, and the Electing Provider must reduce its | ||||||
10 | then current intrastate switched access rates by an amount | ||||||
11 | equal to 50% of the difference between its then current | ||||||
12 | intrastate switched access rate and its then current | ||||||
13 | interstate switched access rates. The fourth reduction | ||||||
14 | must be made on or before June 30, 2013, and the Electing | ||||||
15 | Provider must reduce its intrastate switched access rate to | ||||||
16 | mirror its then current interstate switched access rates | ||||||
17 | and rate structure. Following the fourth reduction, each | ||||||
18 | Electing Provider must continue to set its intrastate | ||||||
19 | switched access rates to mirror its interstate switched | ||||||
20 | access rates and rate structure. For purposes of this | ||||||
21 | subsection, the rate for intrastate switched access | ||||||
22 | service means the composite, per-minute rate for that | ||||||
23 | service, including all applicable fixed and | ||||||
24 | traffic-sensitive charges, including, but not limited to, | ||||||
25 | carrier common line charges. | ||||||
26 | (2) Nothing in paragraph (1) of this subsection (g) |
| |||||||
| |||||||
1 | prohibits an Electing Provider from electing to offer | ||||||
2 | intrastate switched access service at rates lower than its | ||||||
3 | interstate switched access rates. | ||||||
4 | (3) The Commission shall have no authority to order an | ||||||
5 | Electing Provider to set its rates for intrastate switched | ||||||
6 | access at a level lower than its interstate switched access | ||||||
7 | rates. | ||||||
8 | (4) The Commission's authority under this subsection | ||||||
9 | (g) shall only apply to Electing Providers under Market | ||||||
10 | Regulation. The Commission's authority over switched | ||||||
11 | access services for all other carriers is retained under | ||||||
12 | Section 13-900.2 of this Act. | ||||||
13 | (h) Safety of service equipment and facilities. | ||||||
14 | (1) An Electing Provider shall furnish, provide, and | ||||||
15 | maintain such service instrumentalities, equipment, and | ||||||
16 | facilities as shall promote the safety, health, comfort, | ||||||
17 | and convenience of its patrons, employees, and public and | ||||||
18 | as shall be in all respects adequate, reliable, and | ||||||
19 | efficient without discrimination or delay. Every Electing | ||||||
20 | Provider shall provide service and facilities that are in | ||||||
21 | all respects environmentally safe. | ||||||
22 | (2) The Commission is authorized to conduct an | ||||||
23 | investigation of any Electing Provider or part thereof. The | ||||||
24 | investigation may examine the reasonableness, prudence, or | ||||||
25 | efficiency of any aspect of the Electing Provider's | ||||||
26 | operations or functions that may affect the adequacy, |
| |||||||
| |||||||
1 | safety, efficiency, or reliability of telecommunications | ||||||
2 | service. The Commission may conduct or order an | ||||||
3 | investigation only when it has reasonable grounds to | ||||||
4 | believe that the investigation is necessary to assure that | ||||||
5 | the Electing Provider is providing adequate, efficient, | ||||||
6 | reliable, and safe service. The Commission shall, before | ||||||
7 | initiating any such investigation, issue an order | ||||||
8 | describing the grounds for the investigation and the | ||||||
9 | appropriate scope and nature of the investigation, which | ||||||
10 | shall be reasonably related to the grounds relied upon by | ||||||
11 | the Commission in its order. | ||||||
12 | (i) (Blank). | ||||||
13 | (j) Application of Article VII. The provisions of Sections | ||||||
14 | 7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are | ||||||
15 | applicable to an Electing Provider offering or providing retail | ||||||
16 | telecommunications service, and the Commission's regulation | ||||||
17 | thereof, except that (1) the approval of contracts and | ||||||
18 | arrangements with affiliated interests required by paragraph | ||||||
19 | (3) of Section 7-101 shall not apply to such telecommunications | ||||||
20 | carriers provided that, except as provided in item (2), those | ||||||
21 | contracts and arrangements shall be filed with the Commission; | ||||||
22 | (2) affiliated interest contracts or arrangements entered into | ||||||
23 | by such telecommunications carriers where the increased | ||||||
24 | obligation thereunder does not exceed the lesser of $5,000,000 | ||||||
25 | or 5% of such carrier's prior annual revenue from | ||||||
26 | noncompetitive services are not required to be filed with the |
| |||||||
| |||||||
1 | Commission; and (3) any consent and approval of the Commission | ||||||
2 | required by Section 7-102 is not required for the sale, lease, | ||||||
3 | assignment, or transfer by any Electing Provider of any | ||||||
4 | property that is not necessary or useful in the performance of | ||||||
5 | its duties to the public. | ||||||
6 | (k) Notwithstanding other provisions of this Section, the | ||||||
7 | Commission retains its existing authority to enforce the | ||||||
8 | provisions, conditions, and requirements of the following | ||||||
9 | Sections of this Article: 13-101, 13-103, 13-201, 13-301, | ||||||
10 | 13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, | ||||||
11 | 13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, | ||||||
12 | 13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503, | ||||||
13 | 13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, | ||||||
14 | 13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, | ||||||
15 | 13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, | ||||||
16 | 13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully | ||||||
17 | and equally applicable to Electing Providers and to | ||||||
18 | telecommunications carriers providing retail | ||||||
19 | telecommunications service classified as competitive pursuant | ||||||
20 | to Section 13-502 or subdivision (c)(5) of this Section subject | ||||||
21 | to the provisions of this Section. On the effective date of | ||||||
22 | this amendatory Act of the 98th General Assembly, the following | ||||||
23 | Sections of this Article shall cease to apply to Electing | ||||||
24 | Providers and to telecommunications carriers providing retail | ||||||
25 | telecommunications service classified as competitive pursuant | ||||||
26 | to Section 13-502 or subdivision (c)(5) of this Section: |
| |||||||
| |||||||
1 | 13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2, | ||||||
2 | 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507, | ||||||
3 | 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701, | ||||||
4 | and 13-712.
| ||||||
5 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | ||||||
6 | (220 ILCS 5/13-1200) | ||||||
7 | (Section scheduled to be repealed on July 1, 2017) | ||||||
8 | Sec. 13-1200. Repealer. This Article is repealed December | ||||||
9 | 31, 2020 July 1, 2017 . | ||||||
10 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | ||||||
11 | (220 ILCS 5/21-401) | ||||||
12 | (Section scheduled to be repealed on July 1, 2017) | ||||||
13 | Sec. 21-401. Applications. | ||||||
14 | (a)(1) A person or entity seeking to provide cable service | ||||||
15 | or video service pursuant to this Article shall not use the | ||||||
16 | public rights-of-way for the installation or construction of | ||||||
17 | facilities for the provision of cable service or video service | ||||||
18 | or offer cable service or video service until it has obtained a | ||||||
19 | State-issued authorization to offer or provide cable or video | ||||||
20 | service under this Section, except as provided for in item (2) | ||||||
21 | of this subsection (a). All cable or video providers offering | ||||||
22 | or providing service in this State shall have authorization | ||||||
23 | pursuant to either (i) the Cable and Video Competition Law of | ||||||
24 | 2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the |
| |||||||
| |||||||
1 | Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section | ||||||
2 | 5-1095 of the Counties Code (55 ILCS 5/5-1095). | ||||||
3 | (2) Nothing in this Section shall prohibit a local unit of | ||||||
4 | government from granting a permit to a person or entity for the | ||||||
5 | use of the public rights-of-way to install or construct | ||||||
6 | facilities to provide cable service or video service, at its | ||||||
7 | sole discretion. No unit of local government shall be liable | ||||||
8 | for denial or delay of a permit prior to the issuance of a | ||||||
9 | State-issued authorization. | ||||||
10 | (b) The application to the Commission for State-issued | ||||||
11 | authorization shall contain a completed affidavit submitted by | ||||||
12 | the applicant and signed by an officer or general partner of | ||||||
13 | the applicant affirming all of the following: | ||||||
14 | (1) That the applicant has filed or will timely file | ||||||
15 | with the Federal Communications Commission all forms | ||||||
16 | required by that agency in advance of offering cable | ||||||
17 | service or video service in this State. | ||||||
18 | (2) That the applicant agrees to comply with all | ||||||
19 | applicable federal and State statutes and regulations. | ||||||
20 | (3) That the applicant agrees to comply with all | ||||||
21 | applicable local unit of government regulations. | ||||||
22 | (4) An exact description of the cable service or video | ||||||
23 | service area where the cable service or video service will | ||||||
24 | be offered during the term of the State-issued | ||||||
25 | authorization. The service area shall be identified in | ||||||
26 | terms of either (i) exchanges, as that term is defined in |
| |||||||
| |||||||
1 | Section 13-206 of this Act; (ii) a collection of United | ||||||
2 | States Census Bureau Block numbers (13 digit); (iii) if the | ||||||
3 | area is smaller than the areas identified in either (i) or | ||||||
4 | (ii), by geographic information system digital boundaries | ||||||
5 | meeting or exceeding national map accuracy standards; or | ||||||
6 | (iv) local unit of government. The description shall | ||||||
7 | include the number of low-income households within the | ||||||
8 | service area or footprint. If an applicant is an incumbent | ||||||
9 | cable operator, the incumbent cable operator and any | ||||||
10 | successor-in-interest shall be obligated to provide access | ||||||
11 | to cable services or video services within any local units | ||||||
12 | of government at the same levels required by the local | ||||||
13 | franchising authorities for the local unit of government on | ||||||
14 | June 30, 2007
(the effective date of Public Act 95-9),
and | ||||||
15 | its application shall provide a description of an area no | ||||||
16 | smaller than the service areas contained in its franchise | ||||||
17 | or franchises
within the jurisdiction of the local unit of | ||||||
18 | government in which it seeks to offer cable or video | ||||||
19 | service. | ||||||
20 | (5) The location and telephone number of the | ||||||
21 | applicant's principal place of business within this State | ||||||
22 | and the names of the applicant's principal executive | ||||||
23 | officers who are responsible for communications concerning | ||||||
24 | the application and the services to be offered pursuant to | ||||||
25 | the application, the applicant's legal name, and any name | ||||||
26 | or names under which the applicant does or will provide |
| |||||||
| |||||||
1 | cable services or video services in this State. | ||||||
2 | (6) A certification that the applicant has | ||||||
3 | concurrently delivered a copy of the application to all | ||||||
4 | local units of government that include all or any part of | ||||||
5 | the service area identified in item (4) of this subsection | ||||||
6 | (b)
within such local unit of government's jurisdictional | ||||||
7 | boundaries. | ||||||
8 | (7) The expected date that cable service or video | ||||||
9 | service will be initially offered in the area identified in | ||||||
10 | item (4) of this subsection (b). In the event that a holder | ||||||
11 | does not offer cable services or video services within 3
| ||||||
12 | months after the expected date, it shall amend its | ||||||
13 | application and update the expected date service will be | ||||||
14 | offered and explain the delay in offering cable services or | ||||||
15 | video services. | ||||||
16 | (8) For any entity that received State-issued | ||||||
17 | authorization prior to this amendatory Act of the 98th | ||||||
18 | General Assembly as a cable operator and that intends to | ||||||
19 | proceed as a cable operator under this Article, the entity | ||||||
20 | shall file a written affidavit with the Commission and | ||||||
21 | shall serve a copy of the affidavit with any local units of | ||||||
22 | government affected by the authorization within 30 days | ||||||
23 | after the effective date of this amendatory Act of the 98th | ||||||
24 | General Assembly stating that the holder will be providing | ||||||
25 | cable service under the State-issued authorization. | ||||||
26 | The application shall include adequate assurance that the |
| |||||||
| |||||||
1 | applicant possesses the financial, managerial, legal, and | ||||||
2 | technical qualifications necessary to construct and operate | ||||||
3 | the proposed system, to promptly repair any damage to the | ||||||
4 | public right-of-way caused by the applicant, and to pay the | ||||||
5 | cost of removal of its facilities. To accomplish these | ||||||
6 | requirements, the applicant may, at the time the applicant | ||||||
7 | seeks to use the public rights-of-way in that jurisdiction, be | ||||||
8 | required by the State of Illinois or
later be required by the | ||||||
9 | local unit of government, or both, to post a bond, produce a | ||||||
10 | certificate of insurance, or otherwise demonstrate its | ||||||
11 | financial responsibility. | ||||||
12 | The application shall include the applicant's general | ||||||
13 | standards related to customer service required by Section | ||||||
14 | 22-501 of this Act, which shall include, but not be limited to, | ||||||
15 | installation, disconnection, service and repair obligations; | ||||||
16 | appointment hours; employee ID requirements; customer service | ||||||
17 | telephone numbers and hours; procedures for billing, charges, | ||||||
18 | deposits, refunds, and credits; procedures for termination of | ||||||
19 | service; notice of deletion of programming service and changes | ||||||
20 | related to transmission of programming or changes or increases | ||||||
21 | in rates; use and availability of parental control or lock-out | ||||||
22 | devices; complaint procedures and procedures for bill dispute | ||||||
23 | resolution and a description of the rights and remedies | ||||||
24 | available to consumers if the holder does not materially meet | ||||||
25 | their customer service standards; and special services for | ||||||
26 | customers with visual, hearing, or mobility disabilities. |
| |||||||
| |||||||
1 | (c)(1) The applicant may designate information that it | ||||||
2 | submits in its application or subsequent reports as | ||||||
3 | confidential or proprietary, provided that the applicant | ||||||
4 | states the reasons the confidential designation is necessary. | ||||||
5 | The Commission shall provide adequate protection for such | ||||||
6 | information pursuant to Section 4-404 of this Act. If the | ||||||
7 | Commission, a local unit of government, or any other party | ||||||
8 | seeks public disclosure of information designated as | ||||||
9 | confidential, the Commission shall consider the confidential | ||||||
10 | designation in a proceeding under the Illinois Administrative | ||||||
11 | Procedure
Act, and the burden of proof to demonstrate that the | ||||||
12 | designated information is confidential shall be upon the | ||||||
13 | applicant. Designated information shall remain confidential | ||||||
14 | pending the Commission's determination of whether the | ||||||
15 | information is entitled to confidential treatment. Information | ||||||
16 | designated as confidential shall be provided to local units of | ||||||
17 | government for purposes of assessing compliance with this | ||||||
18 | Article as permitted under a Protective Order issued by the | ||||||
19 | Commission pursuant to the Commission's rules and to the | ||||||
20 | Attorney General pursuant to Section 6.5 of the Attorney | ||||||
21 | General Act
(15 ILCS 205/6.5). Information designated as | ||||||
22 | confidential under this Section or determined to be | ||||||
23 | confidential upon Commission review shall only be disclosed | ||||||
24 | pursuant to a valid and enforceable subpoena or court order or | ||||||
25 | as required by the Freedom of Information Act. Nothing herein | ||||||
26 | shall delay the application approval timeframes set forth in |
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1 | this Article. | ||||||
2 | (2) Information regarding the location of video services | ||||||
3 | that have been or are being offered to the public and aggregate | ||||||
4 | information included in the reports required by this Article | ||||||
5 | shall not be designated or treated as confidential. | ||||||
6 | (d)(1) The Commission shall post all applications it | ||||||
7 | receives under this Article on its web site within 5
business | ||||||
8 | days. | ||||||
9 | (2) The Commission shall notify an applicant for a cable | ||||||
10 | service or video service authorization whether the applicant's | ||||||
11 | application and affidavit are complete on or before the 15th | ||||||
12 | business day after the applicant submits the application. If | ||||||
13 | the application and affidavit are not complete, the Commission | ||||||
14 | shall state in its notice all of the reasons the application or | ||||||
15 | affidavit are incomplete, and the applicant shall resubmit a | ||||||
16 | complete application. The Commission shall have 30 days after | ||||||
17 | submission by the applicant of a complete application and | ||||||
18 | affidavit to issue the service authorization. If the Commission | ||||||
19 | does not notify the applicant regarding the completeness of the | ||||||
20 | application and affidavit or issue the service authorization | ||||||
21 | within the time periods required under this subsection, the | ||||||
22 | application and affidavit shall be considered complete and the | ||||||
23 | service authorization issued upon the expiration of the 30th | ||||||
24 | day. | ||||||
25 | (e) Any authorization issued by the Commission will expire | ||||||
26 | on December 31, 2023 2020 and shall contain or include all of |
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1 | the following: | ||||||
2 | (1) A grant of authority, including an authorization | ||||||
3 | issued prior to this amendatory Act of the 98th General | ||||||
4 | Assembly, to provide cable service or video service in the | ||||||
5 | service area footprint as requested in the application, | ||||||
6 | subject to the provisions of this Article in existence on | ||||||
7 | the date the grant of authority was issued, and any | ||||||
8 | modifications to this Article enacted at any time prior to | ||||||
9 | the date in Section 21-1601 of this Act, and to the laws of | ||||||
10 | the State and the ordinances, rules, and regulations of the | ||||||
11 | local units of government. | ||||||
12 | (2) A grant of authority to use, occupy, and construct | ||||||
13 | facilities in the public rights-of-way for the delivery of | ||||||
14 | cable service or video service in the service area | ||||||
15 | footprint, subject to the laws, ordinances, rules, or | ||||||
16 | regulations of this State and local units of governments. | ||||||
17 | (3) A statement that the grant of authority is subject | ||||||
18 | to lawful operation of the cable service or video service | ||||||
19 | by the applicant, its affiliated entities, or its | ||||||
20 | successors-in-interest. | ||||||
21 | (e-5) The Commission shall notify a local unit of | ||||||
22 | government within 3
business days of the grant of any | ||||||
23 | authorization within a service area footprint if that | ||||||
24 | authorization includes any part of the local unit of | ||||||
25 | government's jurisdictional boundaries and state whether the | ||||||
26 | holder will be providing video service or cable service under |
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1 | the authorization. | ||||||
2 | (f) The authorization issued pursuant to this Section
by | ||||||
3 | the Commission may be transferred to any successor-in-interest | ||||||
4 | to the applicant to which it is initially granted without | ||||||
5 | further Commission action if the successor-in-interest (i) | ||||||
6 | submits an application and the information required by | ||||||
7 | subsection (b) of this Section
for the successor-in-interest | ||||||
8 | and (ii) is not in violation of this Article or of any federal, | ||||||
9 | State, or local law, ordinance, rule, or regulation. A | ||||||
10 | successor-in-interest shall file its application and notice of | ||||||
11 | transfer with the Commission and the relevant local units of | ||||||
12 | government no less than 15
business days prior to the | ||||||
13 | completion of the transfer. The Commission is not required or | ||||||
14 | authorized to act upon the notice of transfer; however, the | ||||||
15 | transfer is not effective until the Commission approves the | ||||||
16 | successor-in-interest's application. A local unit of | ||||||
17 | government or the Attorney General may seek to bar a transfer | ||||||
18 | of ownership by filing suit in a court of competent | ||||||
19 | jurisdiction predicated on the existence of a material and | ||||||
20 | continuing breach of this Article by the holder, a pattern of | ||||||
21 | noncompliance with customer service standards by the potential | ||||||
22 | successor-in-interest, or the insolvency of the potential | ||||||
23 | successor-in-interest. If a transfer is made when there are | ||||||
24 | violations of this Article or of any federal, State, or local | ||||||
25 | law, ordinance, rule, or regulation, the successor-in-interest | ||||||
26 | shall be subject to 3
times the penalties provided for in this |
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1 | Article. | ||||||
2 | (g) The authorization issued pursuant to this Section by | ||||||
3 | the Commission may be terminated, or its cable service or video | ||||||
4 | service area footprint may be modified, by the cable service | ||||||
5 | provider or video service provider by submitting notice to the | ||||||
6 | Commission and to the relevant local unit of government | ||||||
7 | containing a description of the change on the same terms as the | ||||||
8 | initial description pursuant to item (4) of subsection (b) of | ||||||
9 | this Section. The Commission is not required or authorized to | ||||||
10 | act upon that notice. It shall be a violation of this Article | ||||||
11 | for a holder to discriminate against potential residential | ||||||
12 | subscribers because of the race or income of the residents in | ||||||
13 | the local area in which the group resides by terminating or | ||||||
14 | modifying its cable service or video service area footprint. It | ||||||
15 | shall be a violation of this Article for a holder to terminate | ||||||
16 | or modify its cable service or video service area footprint if | ||||||
17 | it leaves an area with no cable service or video service from | ||||||
18 | any provider. | ||||||
19 | (h) The Commission's authority to administer this Article | ||||||
20 | is limited to the powers and duties explicitly provided under | ||||||
21 | this Article. Its authority under this Article does not include | ||||||
22 | or limit the powers and duties that the Commission has under | ||||||
23 | the other Articles of this Act, the Illinois Administrative | ||||||
24 | Procedure Act,
or any other law or regulation to conduct | ||||||
25 | proceedings, other than as provided in subsection (c), or has | ||||||
26 | to promulgate rules or regulations. The Commission shall not |
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1 | have the authority to limit or expand the obligations and | ||||||
2 | requirements provided in this Section or to regulate or control | ||||||
3 | a person or entity to the extent that person or entity is | ||||||
4 | providing cable service or video service, except as provided in | ||||||
5 | this Article.
| ||||||
6 | (Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, | ||||||
7 | eff. 6-29-15.) | ||||||
8 | (220 ILCS 5/21-1601)
| ||||||
9 | Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of | ||||||
10 | this Article are repealed December 31, 2020 July 1, 2017 .
| ||||||
11 | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
|