Illinois General Assembly - Full Text of HB5139
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Full Text of HB5139  101st General Assembly




State of Illinois
2019 and 2020


Introduced , by Rep. Lawrence Walsh, Jr.


220 ILCS 5/13-1200
220 ILCS 5/21-401
220 ILCS 5/21-1601

    Amends the Public Utilities Act. Extends the repeal date of the Cable and Video Competition Law of 2007 from December 31, 2020 to December 31, 2025. Extends the expiration date of Illinois Commerce Commission authorizations to provide cable and video services from December 31, 2023 to December 31, 2028. Extends the repeal date of the Universal Telephone Service Protection Law of 1985 from December 31, 2020 to December 31, 2025. Effective immediately.

LRB101 15182 SPS 64338 b





HB5139LRB101 15182 SPS 64338 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Utilities Act is amended by changing
5Section 13-1200 as follows:
6    (220 ILCS 5/13-1200)
7    (Section scheduled to be repealed on December 31, 2020)
8    Sec. 13-1200. Repealer. This Article is repealed December
931, 2025 2020.
10(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
11    Section 10. The Public Utilities Act is amended by changing
12Sections 21-401 and 21-1601 as follows:
13    (220 ILCS 5/21-401)
14    (Section scheduled to be repealed on December 31, 2020)
15    Sec. 21-401. Applications.
16    (a)(1) A person or entity seeking to provide cable service
17or video service pursuant to this Article shall not use the
18public rights-of-way for the installation or construction of
19facilities for the provision of cable service or video service
20or offer cable service or video service until it has obtained a
21State-issued authorization to offer or provide cable or video



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1service under this Section, except as provided for in item (2)
2of this subsection (a). All cable or video providers offering
3or providing service in this State shall have authorization
4pursuant to either (i) the Cable and Video Competition Law of
52007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
6Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
75-1095 of the Counties Code (55 ILCS 5/5-1095).
8    (2) Nothing in this Section shall prohibit a local unit of
9government from granting a permit to a person or entity for the
10use of the public rights-of-way to install or construct
11facilities to provide cable service or video service, at its
12sole discretion. No unit of local government shall be liable
13for denial or delay of a permit prior to the issuance of a
14State-issued authorization.
15    (b) The application to the Commission for State-issued
16authorization shall contain a completed affidavit submitted by
17the applicant and signed by an officer or general partner of
18the applicant affirming all of the following:
19        (1) That the applicant has filed or will timely file
20    with the Federal Communications Commission all forms
21    required by that agency in advance of offering cable
22    service or video service in this State.
23        (2) That the applicant agrees to comply with all
24    applicable federal and State statutes and regulations.
25        (3) That the applicant agrees to comply with all
26    applicable local unit of government regulations.



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1        (4) An exact description of the cable service or video
2    service area where the cable service or video service will
3    be offered during the term of the State-issued
4    authorization. The service area shall be identified in
5    terms of either (i) exchanges, as that term is defined in
6    Section 13-206 of this Act; (ii) a collection of United
7    States Census Bureau Block numbers (13 digit); (iii) if the
8    area is smaller than the areas identified in either (i) or
9    (ii), by geographic information system digital boundaries
10    meeting or exceeding national map accuracy standards; or
11    (iv) local unit of government. The description shall
12    include the number of low-income households within the
13    service area or footprint. If an applicant is an incumbent
14    cable operator, the incumbent cable operator and any
15    successor-in-interest shall be obligated to provide access
16    to cable services or video services within any local units
17    of government at the same levels required by the local
18    franchising authorities for the local unit of government on
19    June 30, 2007 (the effective date of Public Act 95-9), and
20    its application shall provide a description of an area no
21    smaller than the service areas contained in its franchise
22    or franchises within the jurisdiction of the local unit of
23    government in which it seeks to offer cable or video
24    service.
25        (5) The location and telephone number of the
26    applicant's principal place of business within this State



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1    and the names of the applicant's principal executive
2    officers who are responsible for communications concerning
3    the application and the services to be offered pursuant to
4    the application, the applicant's legal name, and any name
5    or names under which the applicant does or will provide
6    cable services or video services in this State.
7        (6) A certification that the applicant has
8    concurrently delivered a copy of the application to all
9    local units of government that include all or any part of
10    the service area identified in item (4) of this subsection
11    (b) within such local unit of government's jurisdictional
12    boundaries.
13        (7) The expected date that cable service or video
14    service will be initially offered in the area identified in
15    item (4) of this subsection (b). In the event that a holder
16    does not offer cable services or video services within 3
17    months after the expected date, it shall amend its
18    application and update the expected date service will be
19    offered and explain the delay in offering cable services or
20    video services.
21        (8) For any entity that received State-issued
22    authorization prior to this amendatory Act of the 98th
23    General Assembly as a cable operator and that intends to
24    proceed as a cable operator under this Article, the entity
25    shall file a written affidavit with the Commission and
26    shall serve a copy of the affidavit with any local units of



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1    government affected by the authorization within 30 days
2    after the effective date of this amendatory Act of the 98th
3    General Assembly stating that the holder will be providing
4    cable service under the State-issued authorization.
5    The application shall include adequate assurance that the
6applicant possesses the financial, managerial, legal, and
7technical qualifications necessary to construct and operate
8the proposed system, to promptly repair any damage to the
9public right-of-way caused by the applicant, and to pay the
10cost of removal of its facilities. To accomplish these
11requirements, the applicant may, at the time the applicant
12seeks to use the public rights-of-way in that jurisdiction, be
13required by the State of Illinois or later be required by the
14local unit of government, or both, to post a bond, produce a
15certificate of insurance, or otherwise demonstrate its
16financial responsibility.
17    The application shall include the applicant's general
18standards related to customer service required by Section
1922-501 of this Act, which shall include, but not be limited to,
20installation, disconnection, service and repair obligations;
21appointment hours; employee ID requirements; customer service
22telephone numbers and hours; procedures for billing, charges,
23deposits, refunds, and credits; procedures for termination of
24service; notice of deletion of programming service and changes
25related to transmission of programming or changes or increases
26in rates; use and availability of parental control or lock-out



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1devices; complaint procedures and procedures for bill dispute
2resolution and a description of the rights and remedies
3available to consumers if the holder does not materially meet
4their customer service standards; and special services for
5customers with visual, hearing, or mobility disabilities.
6    (c)(1) The applicant may designate information that it
7submits in its application or subsequent reports as
8confidential or proprietary, provided that the applicant
9states the reasons the confidential designation is necessary.
10The Commission shall provide adequate protection for such
11information pursuant to Section 4-404 of this Act. If the
12Commission, a local unit of government, or any other party
13seeks public disclosure of information designated as
14confidential, the Commission shall consider the confidential
15designation in a proceeding under the Illinois Administrative
16Procedure Act, and the burden of proof to demonstrate that the
17designated information is confidential shall be upon the
18applicant. Designated information shall remain confidential
19pending the Commission's determination of whether the
20information is entitled to confidential treatment. Information
21designated as confidential shall be provided to local units of
22government for purposes of assessing compliance with this
23Article as permitted under a Protective Order issued by the
24Commission pursuant to the Commission's rules and to the
25Attorney General pursuant to Section 6.5 of the Attorney
26General Act (15 ILCS 205/6.5). Information designated as



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1confidential under this Section or determined to be
2confidential upon Commission review shall only be disclosed
3pursuant to a valid and enforceable subpoena or court order or
4as required by the Freedom of Information Act. Nothing herein
5shall delay the application approval timeframes set forth in
6this Article.
7    (2) Information regarding the location of video services
8that have been or are being offered to the public and aggregate
9information included in the reports required by this Article
10shall not be designated or treated as confidential.
11    (d)(1) The Commission shall post all applications it
12receives under this Article on its web site within 5 business
14    (2) The Commission shall notify an applicant for a cable
15service or video service authorization whether the applicant's
16application and affidavit are complete on or before the 15th
17business day after the applicant submits the application. If
18the application and affidavit are not complete, the Commission
19shall state in its notice all of the reasons the application or
20affidavit are incomplete, and the applicant shall resubmit a
21complete application. The Commission shall have 30 days after
22submission by the applicant of a complete application and
23affidavit to issue the service authorization. If the Commission
24does not notify the applicant regarding the completeness of the
25application and affidavit or issue the service authorization
26within the time periods required under this subsection, the



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1application and affidavit shall be considered complete and the
2service authorization issued upon the expiration of the 30th
4    (e) Any authorization issued by the Commission will expire
5on December 31, 2028 2023 and shall contain or include all of
6the following:
7        (1) A grant of authority, including an authorization
8    issued prior to this amendatory Act of the 98th General
9    Assembly, to provide cable service or video service in the
10    service area footprint as requested in the application,
11    subject to the provisions of this Article in existence on
12    the date the grant of authority was issued, and any
13    modifications to this Article enacted at any time prior to
14    the date in Section 21-1601 of this Act, and to the laws of
15    the State and the ordinances, rules, and regulations of the
16    local units of government.
17        (2) A grant of authority to use, occupy, and construct
18    facilities in the public rights-of-way for the delivery of
19    cable service or video service in the service area
20    footprint, subject to the laws, ordinances, rules, or
21    regulations of this State and local units of governments.
22        (3) A statement that the grant of authority is subject
23    to lawful operation of the cable service or video service
24    by the applicant, its affiliated entities, or its
25    successors-in-interest.
26    (e-5) The Commission shall notify a local unit of



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1government within 3 business days of the grant of any
2authorization within a service area footprint if that
3authorization includes any part of the local unit of
4government's jurisdictional boundaries and state whether the
5holder will be providing video service or cable service under
6the authorization.
7    (f) The authorization issued pursuant to this Section by
8the Commission may be transferred to any successor-in-interest
9to the applicant to which it is initially granted without
10further Commission action if the successor-in-interest (i)
11submits an application and the information required by
12subsection (b) of this Section for the successor-in-interest
13and (ii) is not in violation of this Article or of any federal,
14State, or local law, ordinance, rule, or regulation. A
15successor-in-interest shall file its application and notice of
16transfer with the Commission and the relevant local units of
17government no less than 15 business days prior to the
18completion of the transfer. The Commission is not required or
19authorized to act upon the notice of transfer; however, the
20transfer is not effective until the Commission approves the
21successor-in-interest's application. A local unit of
22government or the Attorney General may seek to bar a transfer
23of ownership by filing suit in a court of competent
24jurisdiction predicated on the existence of a material and
25continuing breach of this Article by the holder, a pattern of
26noncompliance with customer service standards by the potential



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1successor-in-interest, or the insolvency of the potential
2successor-in-interest. If a transfer is made when there are
3violations of this Article or of any federal, State, or local
4law, ordinance, rule, or regulation, the successor-in-interest
5shall be subject to 3 times the penalties provided for in this
7    (g) The authorization issued pursuant to this Section by
8the Commission may be terminated, or its cable service or video
9service area footprint may be modified, by the cable service
10provider or video service provider by submitting notice to the
11Commission and to the relevant local unit of government
12containing a description of the change on the same terms as the
13initial description pursuant to item (4) of subsection (b) of
14this Section. The Commission is not required or authorized to
15act upon that notice. It shall be a violation of this Article
16for a holder to discriminate against potential residential
17subscribers because of the race or income of the residents in
18the local area in which the group resides by terminating or
19modifying its cable service or video service area footprint. It
20shall be a violation of this Article for a holder to terminate
21or modify its cable service or video service area footprint if
22it leaves an area with no cable service or video service from
23any provider.
24    (h) The Commission's authority to administer this Article
25is limited to the powers and duties explicitly provided under
26this Article. Its authority under this Article does not include



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1or limit the powers and duties that the Commission has under
2the other Articles of this Act, the Illinois Administrative
3Procedure Act, or any other law or regulation to conduct
4proceedings, other than as provided in subsection (c), or has
5to promulgate rules or regulations. The Commission shall not
6have the authority to limit or expand the obligations and
7requirements provided in this Section or to regulate or control
8a person or entity to the extent that person or entity is
9providing cable service or video service, except as provided in
10this Article.
11(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
12    (220 ILCS 5/21-1601)
13    (Section scheduled to be repealed on December 31, 2020)
14    Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
15this Article are repealed December 31, 2025 2020.
16(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
17    Section 99. Effective date. This Act takes effect upon
18becoming law.