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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | |||||||||||||||||||
5 | Section 22-501 as follows: | |||||||||||||||||||
6 | (220 ILCS 5/22-501) | |||||||||||||||||||
7 | Sec. 22-501. Customer service and privacy protection. All | |||||||||||||||||||
8 | cable or video providers in this State shall comply with the | |||||||||||||||||||
9 | following customer service requirements and privacy | |||||||||||||||||||
10 | protections. The provisions of this Act shall not apply to an | |||||||||||||||||||
11 | incumbent cable operator prior to January 1, 2008. For | |||||||||||||||||||
12 | purposes of this paragraph, an incumbent cable operator means | |||||||||||||||||||
13 | a person or entity that provided cable services in a | |||||||||||||||||||
14 | particular area under a franchise agreement with a local unit | |||||||||||||||||||
15 | of government pursuant to Section 11-42-11 of the Illinois
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16 | Municipal Code or Section 5-1095 of the Counties Code on | |||||||||||||||||||
17 | January 1, 2007.
A master antenna television, satellite master | |||||||||||||||||||
18 | antenna television, direct broadcast satellite, multipoint | |||||||||||||||||||
19 | distribution service, and other provider of video programming | |||||||||||||||||||
20 | shall only be subject to the provisions of this Article to the | |||||||||||||||||||
21 | extent permitted by federal law. | |||||||||||||||||||
22 | The following definitions apply to the terms used in this | |||||||||||||||||||
23 | Article: |
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1 | "Basic cable or video service" means any service offering | ||||||
2 | or tier that
includes the retransmission of local television | ||||||
3 | broadcast signals. | ||||||
4 | "Cable or video provider" means any person or entity | ||||||
5 | providing cable service or video service pursuant to | ||||||
6 | authorization under (i) the Cable and Video Competition Law of | ||||||
7 | 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; | ||||||
8 | (iii) Section 5-1095 of the Counties Code; or (iv) a master | ||||||
9 | antenna television, satellite master antenna television, | ||||||
10 | direct broadcast satellite, multipoint distribution services, | ||||||
11 | and other providers of video programming, whatever their | ||||||
12 | technology. A cable or video provider shall not include a | ||||||
13 | landlord providing only broadcast video programming to a | ||||||
14 | single-family home or other residential dwelling consisting of | ||||||
15 | 4
units or less. | ||||||
16 | "Franchise" has the same meaning as found in 47 U.S.C. | ||||||
17 | 522(9). | ||||||
18 | "Local unit of government" means a city, village, | ||||||
19 | incorporated town, or a county. | ||||||
20 | "Normal business hours" means those hours during which | ||||||
21 | most similar businesses in the geographic area of the local | ||||||
22 | unit of government are open to serve customers. In all cases, | ||||||
23 | "normal business hours" must include some evening hours at | ||||||
24 | least one night per week or some weekend hours. | ||||||
25 | "Normal operating conditions" means those service | ||||||
26 | conditions that are within the control of cable or video |
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1 | providers. Those conditions that are not within the control of | ||||||
2 | cable or video providers include, but are not limited to, | ||||||
3 | natural disasters, civil disturbances, power outages, | ||||||
4 | telephone network outages, and severe or unusual weather | ||||||
5 | conditions. Those conditions that are ordinarily within the | ||||||
6 | control of cable or video providers include, but are not | ||||||
7 | limited to, special promotions, pay-per-view events, rate | ||||||
8 | increases, regular peak or seasonal demand periods, and | ||||||
9 | maintenance or upgrade of the cable service or video service | ||||||
10 | network. | ||||||
11 | "Service interruption" means the loss of picture or sound | ||||||
12 | on one or more cable service or video service on one or more | ||||||
13 | cable or video channels. | ||||||
14 | "Service line drop" means the point of connection between | ||||||
15 | a premises and the cable or video network that enables the | ||||||
16 | premises to receive cable service or video service. | ||||||
17 | (a) General customer service standards: | ||||||
18 | (1) Cable or video providers shall establish general | ||||||
19 | standards related to customer service, which shall | ||||||
20 | include, but not be limited to, installation, | ||||||
21 | disconnection, service and repair obligations; appointment | ||||||
22 | hours and employee ID requirements; customer service | ||||||
23 | telephone numbers and hours; procedures for billing, | ||||||
24 | charges, deposits, refunds, and credits; procedures for | ||||||
25 | termination of service; notice of deletion of programming | ||||||
26 | service; changes related to transmission of programming; |
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1 | changes or increases in rates; the use and availability of | ||||||
2 | parental control or lock-out devices; the use and | ||||||
3 | availability of an A/B switch if applicable; complaint | ||||||
4 | procedures and procedures for bill dispute resolution; a | ||||||
5 | description of the rights and remedies available to | ||||||
6 | consumers if the cable or video provider does not | ||||||
7 | materially meet its
customer service standards; and | ||||||
8 | special services for customers with visual, hearing, or | ||||||
9 | mobility disabilities. | ||||||
10 | (2) Cable or video providers' rates for each level of | ||||||
11 | service, rules, regulations, and policies related to its | ||||||
12 | cable service or video service described in paragraph (1) | ||||||
13 | of this subsection (a)
must be made available to the | ||||||
14 | public and displayed clearly and conspicuously on the | ||||||
15 | cable or video provider's site on the Internet. If a | ||||||
16 | promotional price or a price for a specified period of | ||||||
17 | time is offered, the cable or video provider shall display | ||||||
18 | the price at the end of the promotional period or | ||||||
19 | specified period of time clearly and conspicuously with | ||||||
20 | the display of the promotional price or price for a | ||||||
21 | specified period of time. The cable or video provider | ||||||
22 | shall provide this information upon request. | ||||||
23 | (3) Cable or video providers shall provide notice | ||||||
24 | concerning their general customer service standards to all | ||||||
25 | customers. This notice shall be offered when service is | ||||||
26 | first activated and upon request thereafter. The |
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1 | information in the notice shall also be available on the | ||||||
2 | cable or video providers' websites and shall include all | ||||||
3 | of the information specified in paragraph (1) of this | ||||||
4 | subsection (a), as well as the following: a listing of | ||||||
5 | services offered by the cable or video providers, which | ||||||
6 | shall clearly describe programming for all services and | ||||||
7 | all levels of service; the rates for all services and | ||||||
8 | levels of service; a telephone number
through which | ||||||
9 | customers may subscribe to, change, or terminate service, | ||||||
10 | request customer service, or seek general or billing | ||||||
11 | information; instructions on the use of the cable or video | ||||||
12 | services; and a description of rights and remedies that | ||||||
13 | the cable or video providers shall make available to their | ||||||
14 | customers if they do not materially meet the general | ||||||
15 | customer service standards described in this Act. | ||||||
16 | (b) General customer service obligations: | ||||||
17 | (1) Cable or video providers shall render reasonably | ||||||
18 | efficient service, promptly make repairs, and interrupt | ||||||
19 | service only as necessary and for good cause, during | ||||||
20 | periods of minimum use of the system and for no more than | ||||||
21 | 24 hours. | ||||||
22 | (2) All service representatives or any other person | ||||||
23 | who contacts customers or potential customers on behalf of | ||||||
24 | the cable or video provider shall have a visible | ||||||
25 | identification card with their name and photograph and | ||||||
26 | shall orally identify themselves upon first contact with |
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1 | the customer. Customer service representatives shall | ||||||
2 | orally identify themselves to callers immediately | ||||||
3 | following the greeting during each telephone contact with | ||||||
4 | the public. | ||||||
5 | (3) The cable or video providers shall: (i) maintain a | ||||||
6 | customer service facility within the boundaries of a local | ||||||
7 | unit of government staffed by customer service | ||||||
8 | representatives that have the capacity to accept payment, | ||||||
9 | adjust bills, and respond to repair, installation, | ||||||
10 | reconnection, disconnection, or other service calls and | ||||||
11 | distribute or receive converter boxes, remote control | ||||||
12 | units, digital stereo units, or other equipment related to | ||||||
13 | the provision of cable or video service; (ii) provide | ||||||
14 | customers with bill payment facilities through retail, | ||||||
15 | financial, or other commercial institutions located within | ||||||
16 | the boundaries of a local unit of government; (iii) | ||||||
17 | provide an address, toll-free telephone number or | ||||||
18 | electronic address to accept bill payments and | ||||||
19 | correspondence and provide secure collection boxes for the | ||||||
20 | receipt of bill payments and the return of equipment, | ||||||
21 | provided that if a cable or video provider provides secure | ||||||
22 | collection boxes, it shall provide a printed receipt when | ||||||
23 | items are deposited; or (iv) provide an address, toll-free | ||||||
24 | telephone number, or electronic address to accept bill | ||||||
25 | payments and correspondence and provide a method for | ||||||
26 | customers to return equipment to the cable or video |
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1 | provider at no cost to the customer. | ||||||
2 | (4) In each contact with a customer, the service | ||||||
3 | representatives or any other person who contacts customers | ||||||
4 | or potential customers on behalf of the cable or video | ||||||
5 | provider shall state the estimated cost of the service, | ||||||
6 | repair, or installation orally prior to delivery of the | ||||||
7 | service or before any work is performed, shall provide the | ||||||
8 | customer with an oral statement of the total charges | ||||||
9 | before terminating the telephone call or other contact in | ||||||
10 | which a service is ordered, whether in-person or over the | ||||||
11 | Internet, and shall provide a written statement of the | ||||||
12 | total charges before leaving the location at which the | ||||||
13 | work was performed. In the event that the cost of service | ||||||
14 | is a promotional price or is for a limited period of time, | ||||||
15 | the cost of service at the end of the promotion or limited | ||||||
16 | period of time shall be disclosed. | ||||||
17 | (5) Cable or video providers shall provide customers a | ||||||
18 | minimum of 30 days' written notice before increasing rates | ||||||
19 | or eliminating transmission of programming and shall | ||||||
20 | submit the notice of any rate increase to the local unit of | ||||||
21 | government in advance of distribution to customers, | ||||||
22 | provided that the cable or video provider is not in | ||||||
23 | violation of this provision if the elimination of | ||||||
24 | transmission of programming was outside the control of the | ||||||
25 | provider, in which case the provider shall use reasonable | ||||||
26 | efforts to provide as much notice as possible, and any |
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1 | rate decrease related to the elimination of transmission | ||||||
2 | of programming shall be applied to the date of the change. | ||||||
3 | (6) Cable or video providers shall provide clear | ||||||
4 | visual and audio reception that meets or exceeds | ||||||
5 | applicable Federal Communications Commission technical | ||||||
6 | standards. If a customer experiences poor video or audio | ||||||
7 | reception due to the equipment of the cable or video | ||||||
8 | provider, the cable or video provider shall promptly | ||||||
9 | repair the problem at its own expense. | ||||||
10 | (c) Bills, payment, and termination: | ||||||
11 | (1) Cable or video providers shall render monthly | ||||||
12 | bills that are clear, accurate, and understandable. | ||||||
13 | (2) Every residential customer who pays bills directly | ||||||
14 | to the cable or video provider shall have at least 28 days | ||||||
15 | from the date of the bill to pay the listed charges. | ||||||
16 | (3) Customer payments shall be posted promptly. When | ||||||
17 | the payment is sent by United States mail, payment is | ||||||
18 | considered paid on the date it is postmarked. | ||||||
19 | (4) Cable or video providers may not terminate | ||||||
20 | residential service for nonpayment of a bill unless the | ||||||
21 | cable or video provider furnishes notice of the | ||||||
22 | delinquency and impending termination at least 15 days | ||||||
23 | prior to the proposed termination. Notice of proposed | ||||||
24 | termination shall be mailed, postage prepaid, to the | ||||||
25 | customer to whom service is billed. Notice of proposed | ||||||
26 | termination shall not be mailed until the 24th day after |
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1 | the date of the bill for services. Notice of delinquency | ||||||
2 | and impending termination may be part of a billing | ||||||
3 | statement only if the notice is designed to be | ||||||
4 | conspicuous. The cable or video providers may not assess a | ||||||
5 | late fee prior to the 24th day after the date of the bill | ||||||
6 | for service. | ||||||
7 | (5) Every notice of impending termination shall | ||||||
8 | include all of the following: the name and address of | ||||||
9 | customer; the amount of the delinquency; the date on which | ||||||
10 | payment is required to avoid termination; and the | ||||||
11 | telephone number of the cable or video provider's service | ||||||
12 | representative to make payment arrangements and to provide | ||||||
13 | additional information about the charges for failure to | ||||||
14 | return equipment and for reconnection, if any. | ||||||
15 | (6) Service may only be terminated on days when the | ||||||
16 | customer is able to reach a service representative of the | ||||||
17 | cable or video providers, either in person or by | ||||||
18 | telephone. | ||||||
19 | (7) Any service terminated by a cable or video | ||||||
20 | provider without good cause shall be restored without any | ||||||
21 | reconnection fee, charge, or penalty; good cause for | ||||||
22 | termination includes, but is not limited to, failure to | ||||||
23 | pay a bill by the date specified in the notice of impending | ||||||
24 | termination, payment by check for which there are | ||||||
25 | insufficient funds, theft of service, abuse of equipment | ||||||
26 | or personnel, or other similar subscriber actions. |
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1 | (8) Cable or video providers shall cease charging a | ||||||
2 | customer for any or all services within one
business day | ||||||
3 | after it receives a request to immediately terminate | ||||||
4 | service or on the day requested by the customer if such a | ||||||
5 | date is at least 5 days from the date requested by the | ||||||
6 | customer. Nothing in this subsection (c) shall prohibit | ||||||
7 | the provider from billing for charges that the customer | ||||||
8 | incurs prior to the date of termination. Cable or video | ||||||
9 | providers shall issue a credit no later than the | ||||||
10 | customer's next billing cycle following the determination | ||||||
11 | that a credit is warranted. Cable or video providers shall | ||||||
12 | issue a refund or return a deposit promptly, but not later | ||||||
13 | than either the customer's next billing cycle following | ||||||
14 | resolution of the request or 30 days, whichever is | ||||||
15 | earlier, or the return of equipment, if any, whichever is | ||||||
16 | later. | ||||||
17 | (9) The customers or subscribers of a cable or video | ||||||
18 | provider shall be allowed to disconnect their service at | ||||||
19 | any time within the first 30 days after subscribing to or | ||||||
20 | upgrading the service. Within this 30-day period, cable or | ||||||
21 | video providers shall not charge or impose any fees or | ||||||
22 | penalties on the customer for disconnecting service, | ||||||
23 | including, but not limited to, any installation charge or | ||||||
24 | the imposition of an early termination charge, except the | ||||||
25 | cable or video provider may impose a charge or fee to | ||||||
26 | offset any rebates or credits received by the customer and |
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1 | may impose monthly service or maintenance charges, | ||||||
2 | including pay-per-view and premium services charges, | ||||||
3 | during such 30-day period. | ||||||
4 | (10) Cable or video providers shall cease charging | ||||||
5 | customers for modems and routers, whether rented together | ||||||
6 | or separately, when the customer has paid to the provider | ||||||
7 | the wholesale cost of the modem or router, or modem and | ||||||
8 | router if rented together, plus a reasonable mark-up not | ||||||
9 | to exceed 5% of the modem, router, or modem and router | ||||||
10 | wholesale cost to the provider. Cable and video providers | ||||||
11 | shall provide notice regarding the discontinuance of | ||||||
12 | rental charges to the customer in each billing statement. | ||||||
13 | The notice shall include a disclosure of rights and | ||||||
14 | responsibilities relating to the maintenance of modems and | ||||||
15 | routers. | ||||||
16 | (d) Response to customer inquiries: | ||||||
17 | (1) Cable or video providers will maintain a toll-free | ||||||
18 | telephone access line that is
available to customers 24 | ||||||
19 | hours a day, 7
days a week to accept calls regarding | ||||||
20 | installation, termination, service, and complaints. | ||||||
21 | Trained, knowledgeable, qualified service representatives | ||||||
22 | of the cable or video providers will be available to | ||||||
23 | respond to customer telephone inquiries during normal | ||||||
24 | business hours. Customer service representatives shall be | ||||||
25 | able to provide credit, waive fees, schedule appointments, | ||||||
26 | and change billing cycles. Any difficulties that cannot be |
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1 | resolved by the customer service representatives shall be | ||||||
2 | referred to a supervisor who shall make his or her best | ||||||
3 | efforts to resolve the issue immediately. If the | ||||||
4 | supervisor does not resolve the issue to the customer's | ||||||
5 | satisfaction, the customer shall be informed of the cable | ||||||
6 | or video provider's complaint procedures and procedures | ||||||
7 | for billing dispute resolution and given a description of | ||||||
8 | the rights and remedies available to customers to enforce | ||||||
9 | the terms of this Article, including the customer's rights | ||||||
10 | to have the complaint reviewed by the local unit of | ||||||
11 | government, to request mediation, and to review in a court | ||||||
12 | of competent jurisdiction. | ||||||
13 | (2) After normal business hours, the access line may | ||||||
14 | be answered by a service or an automated response system, | ||||||
15 | including an answering machine. Inquiries received by | ||||||
16 | telephone or e-mail after normal business hours shall be | ||||||
17 | responded to by a trained service representative on the | ||||||
18 | next business day. The cable or video provider shall | ||||||
19 | respond to a written billing inquiry within 10 days of | ||||||
20 | receipt of the inquiry. | ||||||
21 | (3) Cable or video providers shall provide customers | ||||||
22 | seeking non-standard installations with a total | ||||||
23 | installation cost estimate and an estimated date of | ||||||
24 | completion. The actual charge to the customer shall not | ||||||
25 | exceed the estimated cost without the written consent of | ||||||
26 | the customer. |
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1 | (4) If the cable or video provider receives notice | ||||||
2 | that an unsafe condition exists with respect to its | ||||||
3 | equipment, it shall investigate such condition immediately | ||||||
4 | and shall take such measures as are necessary to remove or | ||||||
5 | eliminate the unsafe condition. The cable or video | ||||||
6 | provider shall inform the local unit of government | ||||||
7 | promptly, but no later than 2 hours after it receives | ||||||
8 | notification of an unsafe condition that it has not | ||||||
9 | remedied. | ||||||
10 | (5) Under normal operating conditions, telephone | ||||||
11 | answer time by the cable or video provider's customer | ||||||
12 | representative, including wait time, shall not exceed 30 | ||||||
13 | seconds when the connection is made. If the call needs to | ||||||
14 | be transferred, transfer time shall not exceed 30 seconds. | ||||||
15 | These standards shall be met no less than 90% of the time | ||||||
16 | under normal operating conditions, measured on a quarterly | ||||||
17 | basis. The cable or video provider shall not be required | ||||||
18 | to acquire equipment or perform surveys to measure | ||||||
19 | compliance with these telephone answering standards unless | ||||||
20 | an historical record of complaints indicates a clear | ||||||
21 | failure to comply. | ||||||
22 | (6) Under normal operating conditions, the cable or | ||||||
23 | video provider's customers will receive a busy signal less | ||||||
24 | than 3% of the time. | ||||||
25 | (e) Under normal operating conditions, each of the | ||||||
26 | following standards related to installations, outages, and |
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1 | service calls will be met no less than 95% of the time measured | ||||||
2 | on a quarterly basis: | ||||||
3 | (1) Standard installations will be performed within 7 | ||||||
4 | business days after an order has been placed. "Standard" | ||||||
5 | installations are those that are located up to 125 feet | ||||||
6 | from the existing distribution system. | ||||||
7 | (2) Excluding conditions beyond the control of the | ||||||
8 | cable or video providers, the cable or video providers | ||||||
9 | will begin working on "service interruptions" promptly and | ||||||
10 | in no event later than 24 hours after the interruption is | ||||||
11 | reported by the customer or otherwise becomes known to the | ||||||
12 | cable or video providers. Cable or video providers must | ||||||
13 | begin actions to correct other service problems the next | ||||||
14 | business day after notification of the service problem and | ||||||
15 | correct the problem. | ||||||
16 | (3) The "appointment window" alternatives for | ||||||
17 | installations, service calls, and other installation | ||||||
18 | activities will be either a specific time or, at a | ||||||
19 | maximum, a 4-hour
time block during evening, weekend, and | ||||||
20 | normal business hours. The cable or video provider may | ||||||
21 | schedule service calls and other installation activities | ||||||
22 | outside of these hours for the express convenience of the | ||||||
23 | customer. | ||||||
24 | (4) Cable or video providers may not cancel an | ||||||
25 | appointment with a customer after the close of business on | ||||||
26 | the business day prior to the scheduled appointment. If |
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1 | the cable or video provider's representative is running | ||||||
2 | late for an appointment with a customer and will not be | ||||||
3 | able to keep the appointment as scheduled, the customer | ||||||
4 | will be contacted. The appointment will be rescheduled, as | ||||||
5 | necessary, at a time that
is convenient for the customer, | ||||||
6 | even if the rescheduled appointment is not within normal | ||||||
7 | business hours. | ||||||
8 | (f) Public benefit obligation: | ||||||
9 | (1) All cable or video providers offering service | ||||||
10 | pursuant to the Cable and Video Competition Law of 2007, | ||||||
11 | the Illinois Municipal Code, or the Counties Code shall | ||||||
12 | provide a free service line drop and free basic service to | ||||||
13 | all current and future public buildings within their | ||||||
14 | footprint, including, but not limited to, all local unit | ||||||
15 | of government buildings, public libraries, and public | ||||||
16 | primary and secondary schools, whether owned or leased by | ||||||
17 | that local unit of government ("eligible buildings"). Such | ||||||
18 | service shall be used in a manner consistent with the | ||||||
19 | government purpose for the eligible building and shall not | ||||||
20 | be resold. | ||||||
21 | (2) This obligation only applies to those cable or | ||||||
22 | video service providers whose cable service or video | ||||||
23 | service systems pass eligible buildings and its cable or | ||||||
24 | video service is generally available to residential | ||||||
25 | subscribers in the same local unit of government in which | ||||||
26 | the eligible building is located. The burden of providing |
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1 | such service at each eligible building shall be shared by | ||||||
2 | all cable and video providers whose systems pass the | ||||||
3 | eligible buildings in an equitable and competitively | ||||||
4 | neutral manner, and nothing herein shall require | ||||||
5 | duplicative installations by more than one cable or video | ||||||
6 | provider at each eligible building. Cable or video | ||||||
7 | providers operating in a local unit of government shall | ||||||
8 | meet as necessary and determine who will provide service | ||||||
9 | to eligible buildings under this subsection (f). If the | ||||||
10 | cable or video providers are unable to reach an agreement, | ||||||
11 | they shall meet with the local unit of government, which | ||||||
12 | shall determine which cable or video providers will serve | ||||||
13 | each eligible building. The local unit of government shall | ||||||
14 | bear the costs of any inside wiring or video equipment | ||||||
15 | costs not ordinarily provided as part of the cable or | ||||||
16 | video provider's basic offering. | ||||||
17 | (g) After the cable or video providers have offered | ||||||
18 | service for one year, the cable or video providers shall make | ||||||
19 | an annual report to the Commission, to the local unit of | ||||||
20 | government, and to the Attorney General that it is meeting the | ||||||
21 | standards specified in this Article, identifying the number of | ||||||
22 | complaints it received over the prior year in the State and | ||||||
23 | specifying the number of complaints related to each of the | ||||||
24 | following: (1) billing, charges, refunds, and credits; (2) | ||||||
25 | installation or termination of service; (3) quality of service | ||||||
26 | and repair; (4) programming; and (5) miscellaneous complaints |
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1 | that do not fall within these categories. | ||||||
2 | (h) To the extent consistent with federal law, cable or | ||||||
3 | video providers shall offer the lowest-cost basic cable or | ||||||
4 | video service as a stand-alone service to residential | ||||||
5 | customers at reasonable rates. Cable or video providers shall | ||||||
6 | not require the subscription to any service other than the | ||||||
7 | lowest-cost basic service or to any telecommunications or | ||||||
8 | information service, as a condition of access to cable or | ||||||
9 | video service, including programming offered on a per channel | ||||||
10 | or per program basis. Cable or video providers shall not | ||||||
11 | discriminate between subscribers to the lowest-cost basic | ||||||
12 | service, subscribers to other cable services or video | ||||||
13 | services, and other subscribers with regard to the rates | ||||||
14 | charged for cable or video programming offered on a per | ||||||
15 | channel or per program basis. | ||||||
16 | (i) To the extent consistent with federal law, cable or | ||||||
17 | video providers shall ensure that charges for changes in the | ||||||
18 | subscriber's selection of services or equipment shall be based | ||||||
19 | on the cost of such change and shall not exceed nominal amounts | ||||||
20 | when the system's configuration permits changes in service | ||||||
21 | tier selection to be effected solely by coded entry on a | ||||||
22 | computer terminal or by other similarly simple method. | ||||||
23 | (j) To the extent consistent with federal law, cable or | ||||||
24 | video providers shall have a rate structure for the provision | ||||||
25 | of cable or video service that is uniform throughout the area | ||||||
26 | within the boundaries of the local unit of government. This |
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1 | subsection (j) is not intended to prohibit bulk discounts to | ||||||
2 | multiple dwelling units or to prohibit reasonable discounts to | ||||||
3 | senior citizens or other economically disadvantaged groups. | ||||||
4 | (k) To the extent consistent with federal law, cable or | ||||||
5 | video providers shall not charge a subscriber for any service | ||||||
6 | or equipment that the subscriber has not affirmatively | ||||||
7 | requested or affirmatively agreed to by name. For purposes of | ||||||
8 | this subsection (k), a subscriber's failure to refuse a cable | ||||||
9 | or video provider's proposal to provide service or equipment | ||||||
10 | shall not be deemed to be an affirmative request for such | ||||||
11 | service or equipment. | ||||||
12 | (l) No contract or service agreement containing an early | ||||||
13 | termination clause offering residential cable or video | ||||||
14 | services or any bundle including such services shall be for a | ||||||
15 | term longer than 2 years. Any contract or service offering | ||||||
16 | with a term of service that contains an early termination fee | ||||||
17 | shall limit the early termination fee to not more than the | ||||||
18 | value of any additional goods or services provided with the | ||||||
19 | cable or video services, the amount of the discount reflected | ||||||
20 | in the price for cable services or video services for the | ||||||
21 | period during which the consumer benefited from the discount, | ||||||
22 | or a declining fee based on the remainder of the contract term. | ||||||
23 | (m) Cable or video providers shall not discriminate in the | ||||||
24 | provision of services for the hearing and visually impaired, | ||||||
25 | and shall comply with the accessibility requirements of 47 | ||||||
26 | U.S.C. 613. Cable or video providers shall deliver and pick-up |
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1 | or provide customers with pre-paid shipping and packaging for | ||||||
2 | the return of converters and other necessary equipment at the | ||||||
3 | home of customers with disabilities. Cable or video providers | ||||||
4 | shall provide free use of a converter or remote control unit to | ||||||
5 | mobility impaired customers. | ||||||
6 | (n)(1) To the extent consistent with federal law, cable or | ||||||
7 | video providers shall comply with the provisions of 47 U.S.C. | ||||||
8 | 532(h) and (j). The cable or video providers shall not | ||||||
9 | exercise any editorial control over any video programming | ||||||
10 | provided pursuant to this Section, or in any other way | ||||||
11 | consider the content of such programming, except that a cable | ||||||
12 | or video provider may refuse to transmit any leased access | ||||||
13 | program or portion of a leased access program that
contains | ||||||
14 | obscenity, indecency, or nudity and may consider such content | ||||||
15 | to the minimum extent necessary to establish a reasonable | ||||||
16 | price for the commercial use of designated channel capacity by | ||||||
17 | an unaffiliated person. This subsection (n) shall permit cable | ||||||
18 | or video providers to enforce prospectively a written and | ||||||
19 | published policy of prohibiting programming that the cable or | ||||||
20 | video provider reasonably believes describes or depicts sexual | ||||||
21 | or excretory activities or organs in a patently offensive | ||||||
22 | manner as measured by contemporary community standards. | ||||||
23 | (2) Upon customer request, the cable or video provider | ||||||
24 | shall, without charge, fully scramble or otherwise fully | ||||||
25 | block the audio and video programming of each channel | ||||||
26 | carrying such programming so that a person who is not a |
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1 | subscriber does not receive the channel or programming. | ||||||
2 | (3) In providing sexually explicit adult programming | ||||||
3 | or other programming that is indecent on any channel of | ||||||
4 | its service primarily dedicated to sexually oriented | ||||||
5 | programming, the cable or video provider shall fully | ||||||
6 | scramble or otherwise fully block the video and audio | ||||||
7 | portion of such channel so that a person who is
not a | ||||||
8 | subscriber to such channel or programming does not receive | ||||||
9 | it. | ||||||
10 | (4) Scramble means to rearrange the content of the | ||||||
11 | signal of the programming so that the programming cannot | ||||||
12 | be viewed or heard in an understandable manner. | ||||||
13 | (o) Cable or video providers will maintain a listing, | ||||||
14 | specific to the level of street address, of the areas where its | ||||||
15 | cable or video services are available. Customers who inquire | ||||||
16 | about purchasing cable or video service shall be informed | ||||||
17 | about whether the cable or video provider's cable or video | ||||||
18 | services are currently available to them at their specific | ||||||
19 | location. | ||||||
20 | (p) Cable or video providers shall not disclose the name, | ||||||
21 | address, telephone number or other personally identifying | ||||||
22 | information of a cable service or video service customer to be | ||||||
23 | used in mailing lists or to be used for other commercial | ||||||
24 | purposes not reasonably related to the conduct of its business | ||||||
25 | unless the cable or video provider has provided to the | ||||||
26 | customer a notice, separately or included in any other |
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1 | customer service notice, that clearly and conspicuously | ||||||
2 | describes the customer's ability to prohibit the disclosure. | ||||||
3 | Cable or video providers shall provide an address and | ||||||
4 | telephone number for a customer to use without a toll charge to | ||||||
5 | prevent disclosure of the customer's name and address in | ||||||
6 | mailing lists or for other commercial purposes not reasonably | ||||||
7 | related to the conduct of its business to other businesses or | ||||||
8 | affiliates of the cable or video provider. Cable or video | ||||||
9 | providers shall comply with the consumer privacy requirements | ||||||
10 | of Section 26-4.5 of the Criminal Code of 2012, the Restricted | ||||||
11 | Call Registry Act, and 47 U.S.C. 551 that are in effect as of | ||||||
12 | June 30, 2007 (the effective date of Public Act 95-9)
and as | ||||||
13 | amended thereafter. | ||||||
14 | (q) Cable or video providers shall implement an informal | ||||||
15 | process for handling inquiries from local units of government | ||||||
16 | and customers concerning billing issues, service issues, | ||||||
17 | privacy concerns, and other consumer complaints. In the event | ||||||
18 | that an issue is not resolved through this informal process, a | ||||||
19 | local unit of government or the customer may request | ||||||
20 | nonbinding mediation with the cable or video provider, with | ||||||
21 | each party to bear its own costs of such mediation. Selection | ||||||
22 | of the mediator will be by mutual agreement, and preference | ||||||
23 | will be given to mediation services that do not charge the | ||||||
24 | consumer for their services. In the event that the informal | ||||||
25 | process does not produce a satisfactory result to the customer | ||||||
26 | or the local unit of government, enforcement may be pursued as |
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| |||||||
1 | provided in subdivision (4) of subsection (r) of this Section. | ||||||
2 | (r) The Attorney General and the local unit of government | ||||||
3 | may enforce all of the customer service and privacy protection | ||||||
4 | standards of this Section with respect to complaints received | ||||||
5 | from residents within the local unit of government's | ||||||
6 | jurisdiction, but it may not adopt or seek to enforce any | ||||||
7 | additional or different customer service or performance | ||||||
8 | standards under any other authority or provision of law. | ||||||
9 | (1) The local unit of government may, by ordinance, | ||||||
10 | provide a schedule of penalties for any material breach of | ||||||
11 | this Section by cable or video providers in addition to | ||||||
12 | the penalties provided herein. No monetary penalties shall | ||||||
13 | be assessed for a material breach if it is out of the | ||||||
14 | reasonable control of the cable or video providers or its | ||||||
15 | affiliate. Monetary penalties adopted in an ordinance | ||||||
16 | pursuant to this Section shall apply on a competitively | ||||||
17 | neutral basis to all providers of cable service or video | ||||||
18 | service within the local unit of government's | ||||||
19 | jurisdiction. In
no event shall the penalties imposed | ||||||
20 | under this subsection (r) exceed $750 for each day of the | ||||||
21 | material breach, and these penalties shall not exceed | ||||||
22 | $25,000 for each occurrence of a material breach per | ||||||
23 | customer. | ||||||
24 | (2) For purposes of this Section, "material breach" | ||||||
25 | means any substantial
failure of a cable or video service | ||||||
26 | provider to comply with service quality and other |
| |||||||
| |||||||
1 | standards specified in any provision of this Act. The | ||||||
2 | Attorney General or the local unit of government shall | ||||||
3 | give the cable or video provider written notice of any | ||||||
4 | alleged material breaches of this Act and allow such | ||||||
5 | provider at least 30 days from receipt of the notice to | ||||||
6 | remedy the specified material breach. | ||||||
7 | (3) A material breach, for the purposes of assessing | ||||||
8 | penalties, shall be deemed to have occurred for each day | ||||||
9 | that a material breach has not been remedied by the cable | ||||||
10 | service or video service provider after the expiration of | ||||||
11 | the period specified in subdivision (2) of this subsection | ||||||
12 | (r)
in each local unit of government's jurisdiction, | ||||||
13 | irrespective of the number of customers affected. | ||||||
14 | (4) Any customer, the Attorney General, or a local | ||||||
15 | unit of government may pursue alleged violations of this | ||||||
16 | Act by the cable or video provider in a court of competent | ||||||
17 | jurisdiction. A cable or video provider may seek judicial | ||||||
18 | review of a decision of a local unit of government | ||||||
19 | imposing penalties in a court of competent jurisdiction. | ||||||
20 | No local unit of government shall be subject to suit for | ||||||
21 | damages or other relief based upon its action in | ||||||
22 | connection with its enforcement or review of any of the | ||||||
23 | terms, conditions, and rights contained in this Act except | ||||||
24 | a court may require the return of any penalty it finds was | ||||||
25 | not properly assessed or imposed. | ||||||
26 | (s) Cable or video providers shall credit customers for |
| |||||||
| |||||||
1 | violations in the amounts stated herein. The credits shall be | ||||||
2 | applied on the statement issued to the customer for the next | ||||||
3 | monthly billing cycle following the violation or following the | ||||||
4 | discovery of the violation. Cable or video providers are | ||||||
5 | responsible for providing the credits described herein and the | ||||||
6 | customer is under no obligation to request the credit. If the | ||||||
7 | customer is no longer taking service from the cable or video | ||||||
8 | provider, the credit amount will be refunded to the customer | ||||||
9 | by check within 30 days of the termination of service. A local | ||||||
10 | unit of government may, by ordinance, adopt a schedule of | ||||||
11 | credits payable directly to customers for breach of the | ||||||
12 | customer service standards and obligations contained in this | ||||||
13 | Article, provided the schedule of customer credits applies on | ||||||
14 | a competitively neutral basis to all providers of cable | ||||||
15 | service or video service in the local unit of government's | ||||||
16 | jurisdiction and the credits are not greater than the credits | ||||||
17 | provided in this Section. | ||||||
18 | (1) Failure to keep an appointment or to notify the | ||||||
19 | customer prior to the close of business on the business | ||||||
20 | day prior to the scheduled appointment: $25.00. | ||||||
21 | (2) Violation of customer service and billing | ||||||
22 | standards in subsections (c) and (d) of this Section: | ||||||
23 | $25.00 per occurrence. | ||||||
24 | (3) Violation of the bundling rules in subsection
(h) | ||||||
25 | of this Section: $25.00 per month. | ||||||
26 | (t) The enforcement powers granted to the Attorney General |
| |||||||
| |||||||
1 | in Article XXI of this
Act shall apply to this Article, except | ||||||
2 | that the Attorney General may not seek penalties for violation | ||||||
3 | of this Article
other than in the amounts specified herein. | ||||||
4 | Nothing in this Section shall limit or affect the powers of the | ||||||
5 | Attorney General to enforce the provisions of Article XXI
of | ||||||
6 | this
Act or the Consumer Fraud and Deceptive Business | ||||||
7 | Practices Act. | ||||||
8 | (u) This Article
applies to all cable and video providers | ||||||
9 | in the State, including but not limited to those operating | ||||||
10 | under a local franchise as that term is used in 47 U.S.C. | ||||||
11 | 522(9), those operating under authorization pursuant to | ||||||
12 | Section 11-42-11 of the Illinois Municipal Code, those | ||||||
13 | operating under authorization pursuant to Section 5-1095 of | ||||||
14 | the Counties Code, and those operating under a State-issued | ||||||
15 | authorization pursuant to Article XXI of this
Act.
| ||||||
16 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
17 | 98-45, eff. 6-28-13.)
|