Full Text of HB2074 95th General Assembly
HB2074ham001 95TH GENERAL ASSEMBLY
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Rep. Patrick J Verschoore
Filed: 5/1/2008
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| AMENDMENT TO HOUSE BILL 2074
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| AMENDMENT NO. ______. Amend House Bill 2074 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Public Utilities Act is amended by adding | 5 |
| Sections 16-128.5 and 16-128.7 and by changing Section 21-1101 | 6 |
| as follows: | 7 |
| (220 ILCS 5/16-128.5 new)
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| Sec. 16-128.5. Mandatory overtime by utility employees. | 9 |
| (a) A utility that has telecommunications access lines in | 10 |
| this State must maintain staffing levels, as they existed on | 11 |
| January 1, 2005, for employees who maintain and repair all | 12 |
| types of telecommunications access facilities, including cable | 13 |
| and auxiliary equipment. | 14 |
| (b) A utility that has telecommunications access lines in | 15 |
| this State shall not require mandatory overtime if staffing | 16 |
| levels fall below levels specified in subsection (a) of this |
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| Section, except in the case of catastrophic events, such as a | 2 |
| natural disaster or emergency situation declared by the State. | 3 |
| (c) If a utility that has telecommunications access lines | 4 |
| in this State believes an emergency exists and must require | 5 |
| mandatory overtime, then the utility must provide written | 6 |
| notice to the Commission within 5 days after requiring the | 7 |
| mandatory overtime detailing (i) the reason for the mandatory | 8 |
| overtime, (ii) the number of employees required work overtime, | 9 |
| and (iii) the projected length of the time that overtime work | 10 |
| is necessary. The utility must also file notice with the | 11 |
| Commission within 5 days after completing mandatory overtime. | 12 |
| (d) If a utility that has telecommunications access lines | 13 |
| in this State violates this Section by either failing to file | 14 |
| notice with the Commission or by failing to comply with | 15 |
| subsection (a) of this Section and requires mandatory overtime | 16 |
| without necessity, then the company must pay a $10,000 fine to | 17 |
| the Commission for each employee that worked mandatory overtime | 18 |
| in violation of this Section. | 19 |
| (220 ILCS 5/16-128.7 new)
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| Sec. 16-128.7. Employee meetings; employer's opinion | 21 |
| prohibited. | 22 |
| (a) For purposes of this Section: | 23 |
| "Employee" means any person engaged in service to an | 24 |
| employer authorized to do business in this State under this | 25 |
| Act. |
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| "Employer" means a person engaged in business in the State | 2 |
| under this Act that has at least 150 employees. | 3 |
| "Labor organization" means any organization that exists | 4 |
| for the purpose, in whole or in part, of collective bargaining | 5 |
| or of dealing with employers concerning grievances, terms or | 6 |
| conditions of employment, or of other mutual aid or protection | 7 |
| in connection with employment. | 8 |
| (b) An employer shall not mandate an employee to attend a | 9 |
| meeting the primary purpose of which is to communicate the | 10 |
| employer's opinion concerning labor organizations. | 11 |
| (220 ILCS 5/21-1101) | 12 |
| (Section scheduled to be repealed on October 1, 2013) | 13 |
| Sec. 21-1101. Requirements to provide video services. | 14 |
| (a) The holder of a State-issued authorization shall not | 15 |
| deny access to cable service or video service to any potential | 16 |
| residential subscribers because of the race or income of the | 17 |
| residents in the local area in which the potential subscribers | 18 |
| reside. | 19 |
| (b) (1) If the holder is using telecommunications | 20 |
| facilities to provide cable or video service and has 1,000,000 | 21 |
| or less telecommunications access lines in this State, but more | 22 |
| than 300,000 telecommunications access lines in this State, the | 23 |
| holder shall provide : (1) Provide access to its cable or video | 24 |
| service to a number of households equal to at least 25% of its | 25 |
| telecommunications access lines in this State within 3 years |
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| after the date a holder receives a State-issued authorization | 2 |
| from the Commission and to a number not less than 35% of these | 3 |
| households within 5 years after the date a holder receives a | 4 |
| State-issued authorization from the Commission; provided , | 5 |
| however, that the holder of a State-issued authorization is not | 6 |
| required to meet the 35% requirement in this paragraph (1) | 7 |
| subsection until 2 years after at least 15% of the households | 8 |
| with access to the holder's video service subscribe to the | 9 |
| service for 6 consecutive months. The holder's obligation to | 10 |
| provide such access in the State shall be distributed, as the | 11 |
| holder determines, within 3 three different designated market | 12 |
| areas. | 13 |
| (2) Within 3 years after the date a holder receives a | 14 |
| State-issued authorization from the Commission , at least | 15 |
| 30% of the total households with access to the holder's | 16 |
| cable or video service shall be low-income. | 17 |
| Within each designated market area identified in | 18 |
| paragraph (1) of this subsection (b) (b)(1) , the holder's | 19 |
| obligation to offer service to low-income households shall | 20 |
| be measured by each exchange, as that term is defined in | 21 |
| Section 13-206 of this the Public Utilities Act, in which | 22 |
| the holder chooses to provide cable or video service. The | 23 |
| holder is under no obligation to serve or provide access to | 24 |
| an entire exchange; however, in addition to the statewide | 25 |
| obligation to provide low-income access provided by this | 26 |
| Section, in each exchange in which the holder chooses to |
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| provide cable or video service, the holder shall provide | 2 |
| access to a percentage of low-income households that is at | 3 |
| least equal to the percentage of the total low-income | 4 |
| households within that exchange. | 5 |
| (3) The number of telecommunication access lines in | 6 |
| this Section shall be based on the number of access lines | 7 |
| that exist as of June 30, 2007 ( the effective date of | 8 |
| Public Act 95-9) this amendatory Act of the 95th General | 9 |
| Assembly . | 10 |
| A holder of a State-issued authorization shall provide the | 11 |
| Commission with a service area footprint, as defined in | 12 |
| subsection (j) of Section 21-201 of this Article, or a list of | 13 |
| municipalities included in the service area footprint within 60 | 14 |
| days after receiving authorization or 60 days after the | 15 |
| effective date of this amendatory Act of the 95th General | 16 |
| Assembly. The information shall be provided to the public. If a | 17 |
| holder of a State-issued authorization deems the footprint to | 18 |
| be proprietary information or refuses to disclose a footprint | 19 |
| or list of municipalities, then the holder shall provide access | 20 |
| to its cable or video service to a number of households equal | 21 |
| to at least 50% of the households in the holder's | 22 |
| telecommunications service area in the State within 3 years | 23 |
| after the date a holder receives a State-issued authorization | 24 |
| from the Commission and to a number not less than 65% of these | 25 |
| households within 5 years after the date a holder receives a | 26 |
| State-issued authorization from the Commission; provided, |
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| however, that the holder of a State-issued authorization is not | 2 |
| required to meet the 65% requirement in subsection (c) of this | 3 |
| Section until 2 years after at least 15% of the households with | 4 |
| access to the holder's video service subscribe to the service | 5 |
| for 6 consecutive months. | 6 |
| (c) (1) If the holder of a State-issued authorization is | 7 |
| using telecommunications facilities to provide cable or video | 8 |
| service and has more than 1,000,000 telecommunications access | 9 |
| lines in this State, the holder shall provide : (1)(A) Provide | 10 |
| access to its cable or video service to a number of households | 11 |
| equal to at least 35% of the households in the holder's | 12 |
| telecommunications service area in the State within 3 years | 13 |
| after the date a holder receives a State-issued authorization | 14 |
| from the Commission and to a number not less than 50% of these | 15 |
| households within 5 years after the date a holder receives a | 16 |
| State-issued authorization from the Commission; provided , | 17 |
| however, that the holder of a State-issued authorization is not | 18 |
| required to meet the 50% requirement in this paragraph (1) | 19 |
| subsection until 2 years after at least 15% of the households | 20 |
| with access to the holder's video service subscribe to the | 21 |
| service for 6 consecutive months. | 22 |
| The holder's obligation to provide such access in the State | 23 |
| shall be distributed, as the holder determines, within 3 three | 24 |
| designated market areas, one in each of the northeastern, | 25 |
| central , and southwestern portions of the holder's | 26 |
| telecommunications service area in the State. The designated |
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| market area for the northeastern portion shall consist of 2 two | 2 |
| separate and distinct reporting areas: ( i) a city with more | 3 |
| than 1,000,000 inhabitants, and ( ii) all other local units of | 4 |
| government on a combined basis within such designated market | 5 |
| area in which it offers video service. A holder of a | 6 |
| State-issued authorization shall provide the Commission with a | 7 |
| service area footprint, as defined in subsection (j) of Section | 8 |
| 21-201 of this Article, or a list of municipalities included in | 9 |
| the service area footprint within 60 days after receiving | 10 |
| authorization or 60 days after the effective date of this | 11 |
| amendatory Act of the 95th General Assembly. The information | 12 |
| shall be provided to the public. If a holder of a State-issued | 13 |
| authorization deems the footprint to be proprietary | 14 |
| information or refuses to disclose a footprint or list of | 15 |
| municipalities, then the holder shall provide access to its | 16 |
| cable or video service to a number of households equal to at | 17 |
| least 50% of the households in the holder's telecommunications | 18 |
| service area in the State within 3 years after the date a | 19 |
| holder receives a State-issued authorization from the | 20 |
| Commission and to a number not less than 65% of these | 21 |
| households within 5 years after the date a holder receives a | 22 |
| State-issued authorization from the Commission; provided, | 23 |
| however, that the holder of a State-issued authorization is not | 24 |
| required to meet the 65% requirement in this subsection (c) | 25 |
| until 2 years after at least 15% of the households with access | 26 |
| to the holder's video service subscribe to the service for 6 |
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| consecutive months. | 2 |
| (B) If any state, in which a holder subject to this | 3 |
| subsection (c) or one of its affiliates provides or seeks to | 4 |
| provide cable or video service, adopts a law permitting | 5 |
| state-issued authorization or statewide franchises to provide | 6 |
| cable or video service that requires a cable or video provider | 7 |
| to offer service to more than 35% of the households in the | 8 |
| cable or video provider's service area in that state within 3 | 9 |
| years, holders subject to this subsection (c) shall provide | 10 |
| service in this State to the same percentage of households | 11 |
| within 3 years of adoption of such law in that state. | 12 |
| Furthermore, if any state, in which a holder subject to | 13 |
| this subsection (c) or one of its affiliates provides or seeks | 14 |
| to provide cable or video service, adopts a law requiring a | 15 |
| holder of a state-issued authorization or statewide franchises | 16 |
| to offer cable or video service to more than 35% of its | 17 |
| households if less than 15% of the households with access to | 18 |
| the holder's video service subscribe to the service for 6 | 19 |
| consecutive months, then as a precondition to further | 20 |
| build-out, holders subject to this subsection (c) shall be | 21 |
| subject to the same percentage of service subscription in | 22 |
| meeting its obligation to provide service to 50% of the | 23 |
| households in this State.
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| (2) Within 3 years after the date a holder receives a | 25 |
| State-issued authorization from the Commission , at least | 26 |
| 30% of the total households with access to the holder's |
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| cable or video service shall be low-income. | 2 |
| Within each designated market area listed in paragraph | 3 |
| (1) of this subsection (c) (c)(1) , the holder's obligation | 4 |
| to offer service to low-income households shall be measured | 5 |
| by each exchange, as that term is defined in Section 13-206 | 6 |
| of this the Public Utilities Act in which the holder | 7 |
| chooses to provide cable or video service. The holder is | 8 |
| under no obligation to serve or provide access to an entire | 9 |
| exchange; however, in addition to the statewide obligation | 10 |
| to provide low-income access provided by this Section, in | 11 |
| each exchange in which the holder chooses to provide cable | 12 |
| or video service, the holder shall provide access to a | 13 |
| percentage of low-income households that is at least equal | 14 |
| to the percentage of the total low-income households within | 15 |
| that exchange. | 16 |
| (d)(1) All other holders shall only provide access to one | 17 |
| or more exchanges, as that term is defined in Section 13-206 of | 18 |
| this the Public Utilities Act, or to local units of government | 19 |
| and shall provide access to their cable or video service to a | 20 |
| number of households equal to 35% of the households in the | 21 |
| exchange or local unit of government within 3 years after the | 22 |
| date a holder receives a State-issued authorization from the | 23 |
| Commission and to a number not less than 50% of these | 24 |
| households within 5 years after the date a holder receives a | 25 |
| State-issued authorization from the Commission, provided , | 26 |
| however, that if the holder is an incumbent cable operator or |
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| any successor-in-interest company, it shall be obligated to | 2 |
| provide access to cable or video services within the | 3 |
| jurisdiction of a local unit of government at the same levels | 4 |
| required by the local franchising authorities for that local | 5 |
| unit of government on June 30, 2007 ( the effective date of | 6 |
| Public Act 95-9) this amendatory Act of the 95th General | 7 |
| Assembly . | 8 |
| (2) Within 3 years after the date a holder receives a | 9 |
| State-issued authorization from the Commission, at least | 10 |
| 30% of the total households with access to the holder's | 11 |
| cable or video service shall be low-income. | 12 |
| Within each designated exchange, as that term is | 13 |
| defined in Section 13-206 of this the Public Utilities Act, | 14 |
| or local unit of government listed in paragraph (1) of this | 15 |
| subsection (d) (d)(1) , the holder's obligation to offer | 16 |
| service to low-income households shall be measured by each | 17 |
| exchange or local unit of government in which the holder | 18 |
| chooses to provide cable or video service. Except as | 19 |
| provided in paragraph (1) of this subsection (d) (d)(1) , | 20 |
| the holder is under no obligation to serve or provide | 21 |
| access to an entire exchange or local unit of government; | 22 |
| however, in addition to the statewide obligation to provide | 23 |
| low-income access provided by this Section, in each | 24 |
| exchange or local unit of government in which the holder | 25 |
| chooses to provide cable or video service, the holder shall | 26 |
| provide access to a percentage of low-income households |
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| that is at least equal to the percentage of the total | 2 |
| low-income households within that exchange or local unit of | 3 |
| government. | 4 |
| A holder of a State-issued authorization shall provide the | 5 |
| Commission with a service area footprint, as defined in | 6 |
| subsection (j) of Section 21-201 of this Article, or a list of | 7 |
| municipalities included in the service area footprint within 60 | 8 |
| days after receiving authorization or 60 days after the | 9 |
| effective date of this amendatory Act of the 95th General | 10 |
| Assembly. The information shall be provided to the public. If a | 11 |
| holder of a State-issued authorization deems the footprint to | 12 |
| be proprietary information or refuses to disclose a footprint | 13 |
| or list of municipalities, then the holder shall provide access | 14 |
| to its cable or video service to a number of households equal | 15 |
| to at least 50% of the households in the holder's | 16 |
| telecommunications service area in the State within 3 years | 17 |
| after the date a holder receives a State-issued authorization | 18 |
| from the Commission and to a number not less than 65% of these | 19 |
| households within 5 years after the date a holder receives a | 20 |
| State-issued authorization from the Commission; provided, | 21 |
| however, that the holder of a State-issued authorization is not | 22 |
| required to meet the 65% requirement in subsection (c) of this | 23 |
| Section until 2 years after at least 15% of the households with | 24 |
| access to the holder's video service subscribe to the service | 25 |
| for 6 consecutive months. | 26 |
| (e) A holder subject to subsection (c) of this Section |
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| 21-1101(c) shall provide wireline broadband service, defined | 2 |
| as wireline service , capable of supporting, in at least one | 3 |
| direction, a speed in excess of 200 kilobits per second (kbps), | 4 |
| to the network demarcation point at the subscriber's premises, | 5 |
| to a number of households equal to 90% of the households in the | 6 |
| holder's telecommunications service area by December 31, 2008, | 7 |
| or shall pay within 30 days of December 31, 2008 a sum of | 8 |
| $15,000,000 to the Digital Divide Elimination Infrastructure | 9 |
| Fund established pursuant to Section 13-301.3 of Article XIII | 10 |
| of this Act, or any successor fund established by the General | 11 |
| Assembly. In that event the holder is required to make a | 12 |
| payment pursuant to this subsection (e) , the holder shall have | 13 |
| no further accounting for this payment, which shall be used in | 14 |
| any part of the State for the purposes established in the | 15 |
| Digital Divide Elimination Infrastructure Fund or for | 16 |
| broadband deployment. | 17 |
| (f) The holder of a State-issued authorization may satisfy | 18 |
| the requirements of subsections (b), (c) , and (d) of this | 19 |
| Section through the use of any technology, which shall not | 20 |
| include direct-to-home satellite service, that offers service, | 21 |
| functionality, and content that , which is demonstrably similar | 22 |
| to that provided through the holder's video service system. | 23 |
| (g) In any investigation into or complaint alleging that | 24 |
| the holder of a State-issued authorization has failed to meet | 25 |
| the requirements of this Section, the following factors may be | 26 |
| considered in justification or mitigation or as justification |
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| for an extension of time to meet the requirements of | 2 |
| subsections (b), (c) , and (d) of this Section: | 3 |
| (1) The inability to obtain access to public and | 4 |
| private rights-of-way under reasonable terms and | 5 |
| conditions. | 6 |
| (2) Barriers to competition arising from existing | 7 |
| exclusive service arrangements in developments or | 8 |
| buildings. | 9 |
| (3) The inability to access developments or buildings | 10 |
| using reasonable technical solutions under commercially | 11 |
| reasonable terms and conditions. | 12 |
| (4) Natural disasters. | 13 |
| (5) Other factors beyond the control of the holder. | 14 |
| (h) If the holder relies on the factors identified in | 15 |
| subsection (g) of this Section in response to an investigation | 16 |
| or complaint, the holder shall demonstrate the following : | 17 |
| (1) what substantial effort the holder of a | 18 |
| State-issued authorization has taken to meet the | 19 |
| requirements of subsection subsections (a), (b) , or (c) of | 20 |
| this Section; | 21 |
| (2) which portions of subsection (g) of this Section | 22 |
| apply; and | 23 |
| (3) the number of days it has been delayed or the | 24 |
| requirements it cannot perform as a consequence of | 25 |
| subsection (g) of this Section. | 26 |
| (i) The factors in subsection (g) of this Section may be |
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| considered by the Attorney General or by a court of competent | 2 |
| jurisdiction in determining whether the holder is in violation | 3 |
| of this Article. | 4 |
| (j) Every holder of a State-issued authorization, no later | 5 |
| than April 1, 2009, and annually no later than April 1 | 6 |
| thereafter, shall report to the Commission for each of the | 7 |
| service areas as described in subsections (b), (c) , and (d) of | 8 |
| this Section in which it provides access to its video service | 9 |
| in the State, the following information: | 10 |
| (1) Cable service and video service information: | 11 |
| (A) The number of households in the holder's | 12 |
| telecommunications service area within each designated | 13 |
| market area as described in subsections (b) and (c) of | 14 |
| this Section or exchange or local unit of government as | 15 |
| described in subsection (d) of this Section in which it | 16 |
| offers video service. | 17 |
| (B) The number of households in the holder's | 18 |
| telecommunications service area within each designated | 19 |
| market area as described in subsections (b) and (c) of | 20 |
| this Section or exchange or local unit of government as | 21 |
| described in subsection (d) of this Section that are | 22 |
| offered access to video service by the holder. | 23 |
| (C) The number of households in the holder's | 24 |
| telecommunications service area in the State. | 25 |
| (D) The number of households in the holder's | 26 |
| telecommunications service area in the State that are |
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| offered access to video service by the holder. | 2 |
| (2) Low-income household information: | 3 |
| (A) The number of low-income households in the | 4 |
| holder's telecommunications service area within each | 5 |
| designated market area as described in subsections (b) | 6 |
| and (c) of this Section, as further identified in terms | 7 |
| of exchanges, or exchange or local unit of government | 8 |
| as described in subsection (d) of this Section , in | 9 |
| which it offers video service. | 10 |
| (B) The number of low-income households in the | 11 |
| holder's telecommunications service area within each | 12 |
| designated market area as described in subsections (b) | 13 |
| and (c) of this Section, as further identified in terms | 14 |
| of exchanges, or exchange or local unit of government | 15 |
| as described in subsection (d) of this Section in the | 16 |
| State , that are offered access to video service by the | 17 |
| holder. | 18 |
| (C) The number of low-income households in the | 19 |
| holder's telecommunications service area in the State. | 20 |
| (D) The number of low-income households in the | 21 |
| holder's telecommunications service area in the State | 22 |
| that are offered access to video service by the holder. | 23 |
| (k) The Commission, within 30 days of receiving the first | 24 |
| report from holders under this Section, and annually no later | 25 |
| than July 1 thereafter, shall submit to the General Assembly a | 26 |
| report that includes, based on year-end data, the information |
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| submitted by holders pursuant to subdivisions (1) and (2) of | 2 |
| subsection (j) subsections (j)(1) and (j)(2) of this Section. | 3 |
| The Commission shall make this report available to any member | 4 |
| of the public or any local unit of government upon request. All | 5 |
| information submitted to the Commission and designated by | 6 |
| holders as confidential and proprietary shall be subject to the | 7 |
| disclosure provisions in subsection (c) of Section 21-401 of | 8 |
| this Act 21-401(c) . No individually identifiable customer | 9 |
| information shall be subject to public disclosure.
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| (Source: P.A. 95-9, eff. 6-30-07; revised 7-9-07.)
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
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