Full Text of HB2074 95th General Assembly
HB2074ham002 95TH GENERAL ASSEMBLY
|
Rep. Patrick J Verschoore
Filed: 5/8/2008
|
|
09500HB2074ham002 |
|
LRB095 01542 MJR 50602 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 2074
| 2 |
| AMENDMENT NO. ______. Amend House Bill 2074 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Public Utilities Act is amended by adding | 5 |
| Sections 13-905 and 13-905.5 and by changing Section 21-1101 as | 6 |
| follows: | 7 |
| (220 ILCS 5/13-905 new)
| 8 |
| Sec. 13-905. 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 |
|
|
|
09500HB2074ham002 |
- 2 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| 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 that an emergency exists and that it | 5 |
| must require mandatory overtime, then the utility must provide | 6 |
| written notice to the Commission within 5 days after requiring | 7 |
| the mandatory overtime, detailing (i) the reason for the | 8 |
| mandatory overtime, (ii) the number of employees required to | 9 |
| work overtime, and (iii) the length or projected length of time | 10 |
| that overtime work was or is necessary. The utility must also | 11 |
| file notice with the Commission within 5 days after completing | 12 |
| mandatory overtime. | 13 |
| (d) If a utility that has telecommunications access lines | 14 |
| in this State violates this Section by either failing to file | 15 |
| notice with the Commission or by failing to comply with | 16 |
| subsection (a) of this Section and requires mandatory overtime | 17 |
| without necessity, then the company must pay a $10,000 fine to | 18 |
| the Commission for each employee that worked mandatory overtime | 19 |
| in violation of this Section. | 20 |
| (220 ILCS 5/13-905.5 new)
| 21 |
| Sec. 13-905.5. Employee meetings; employer's opinion | 22 |
| prohibited. | 23 |
| (a) For purposes of this Section: | 24 |
| "Employee" means any person engaged in service to an | 25 |
| employer authorized to do business in this State under this |
|
|
|
09500HB2074ham002 |
- 3 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| Act. | 2 |
| "Employer" means a person engaged in business in the State | 3 |
| under this Act that has at least 150 employees. | 4 |
| "Labor organization" means any organization that exists | 5 |
| for the purpose, in whole or in part, of collective bargaining | 6 |
| or of dealing with employers concerning grievances, terms or | 7 |
| conditions of employment, or of other mutual aid or protection | 8 |
| in connection with employment. | 9 |
| (b) An employer shall not require an employee to attend a | 10 |
| meeting of which the primary purpose is to communicate the | 11 |
| employer's opinion concerning labor organizations. | 12 |
| (220 ILCS 5/21-1101) | 13 |
| (Section scheduled to be repealed on October 1, 2013) | 14 |
| Sec. 21-1101. Requirements to provide video services. | 15 |
| (a) The holder of a State-issued authorization shall not | 16 |
| deny access to cable service or video service to any potential | 17 |
| residential subscribers because of the race or income of the | 18 |
| residents in the local area in which the potential subscribers | 19 |
| reside. | 20 |
| (b) (1) If the holder is using telecommunications | 21 |
| facilities to provide cable or video service and has 1,000,000 | 22 |
| or less telecommunications access lines in this State, but more | 23 |
| than 300,000 telecommunications access lines in this State, the | 24 |
| holder shall provide : (1) Provide access to its cable or video | 25 |
| service to a number of households equal to at least 25% of its |
|
|
|
09500HB2074ham002 |
- 4 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| telecommunications access lines in this State within 3 years | 2 |
| after the date a holder receives a State-issued authorization | 3 |
| from the Commission and to a number not less than 35% of these | 4 |
| households within 5 years after the date a holder receives a | 5 |
| State-issued authorization from the Commission; provided , | 6 |
| however, that the holder of a State-issued authorization is not | 7 |
| required to meet the 35% requirement in this paragraph (1) | 8 |
| subsection until 2 years after at least 15% of the households | 9 |
| with access to the holder's video service subscribe to the | 10 |
| service for 6 consecutive months. The holder's obligation to | 11 |
| provide such access in the State shall be distributed, as the | 12 |
| holder determines, within 3 three different designated market | 13 |
| areas. | 14 |
| (2) Within 3 years after the date a holder receives a | 15 |
| State-issued authorization from the Commission , at least | 16 |
| 30% of the total households with access to the holder's | 17 |
| cable or video service shall be low-income. | 18 |
| Within each designated market area identified in | 19 |
| paragraph (1) of this subsection (b) (b)(1) , the holder's | 20 |
| obligation to offer service to low-income households shall | 21 |
| be measured by each exchange, as that term is defined in | 22 |
| Section 13-206 of this the Public Utilities Act, in which | 23 |
| the holder chooses to provide cable or video service. The | 24 |
| holder is under no obligation to serve or provide access to | 25 |
| an entire exchange; however, in addition to the statewide | 26 |
| obligation to provide low-income access provided by this |
|
|
|
09500HB2074ham002 |
- 5 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| Section, in each exchange in which the holder chooses to | 2 |
| provide cable or video service, the holder shall provide | 3 |
| access to a percentage of low-income households that is at | 4 |
| least equal to the percentage of the total low-income | 5 |
| households within that exchange. | 6 |
| (3) The number of telecommunication access lines in | 7 |
| this Section shall be based on the number of access lines | 8 |
| that exist as of June 30, 2007 ( the effective date of | 9 |
| Public Act 95-9) this amendatory Act of the 95th General | 10 |
| Assembly . | 11 |
| A holder of a State-issued authorization shall provide the | 12 |
| Commission with a service area footprint, as defined in | 13 |
| subsection (j) of Section 21-201 of this Article, or a list of | 14 |
| municipalities included in the service area footprint within 60 | 15 |
| days after receiving authorization or 60 days after the | 16 |
| effective date of this amendatory Act of the 95th General | 17 |
| Assembly, whichever is later. The information shall also be | 18 |
| provided to the public. If a holder of a State-issued | 19 |
| authorization deems the footprint to be proprietary | 20 |
| information or refuses to disclose a footprint or list of | 21 |
| municipalities, then the holder shall provide access to its | 22 |
| cable or video service to a number of households equal to at | 23 |
| least 50% of the households in the holder's telecommunications | 24 |
| service area in the State within 3 years after the date the | 25 |
| holder receives a State-issued authorization from the | 26 |
| Commission and to a number not less than 65% of these |
|
|
|
09500HB2074ham002 |
- 6 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| households within 5 years after the date the holder receives a | 2 |
| State-issued authorization from the Commission; provided, | 3 |
| however, that the holder of a State-issued authorization is not | 4 |
| required to meet the 65% requirement in subsection (c) of this | 5 |
| Section until 2 years after at least 15% of the households with | 6 |
| access to the holder's video service subscribe to the service | 7 |
| for 6 consecutive months. | 8 |
| (c) (1) If the holder of a State-issued authorization is | 9 |
| using telecommunications facilities to provide cable or video | 10 |
| service and has more than 1,000,000 telecommunications access | 11 |
| lines in this State, the holder shall provide : (1)(A) Provide | 12 |
| access to its cable or video service to a number of households | 13 |
| equal to at least 35% of the households in the holder's | 14 |
| telecommunications service area in the State within 3 years | 15 |
| after the date a holder receives a State-issued authorization | 16 |
| from the Commission and to a number not less than 50% of these | 17 |
| households within 5 years after the date a holder receives a | 18 |
| State-issued authorization from the Commission; provided , | 19 |
| however, that the holder of a State-issued authorization is not | 20 |
| required to meet the 50% requirement in this paragraph (1) | 21 |
| subsection until 2 years after at least 15% of the households | 22 |
| with access to the holder's video service subscribe to the | 23 |
| service for 6 consecutive months. | 24 |
| The holder's obligation to provide such access in the State | 25 |
| shall be distributed, as the holder determines, within 3 three | 26 |
| designated market areas, one in each of the northeastern, |
|
|
|
09500HB2074ham002 |
- 7 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| central , and southwestern portions of the holder's | 2 |
| telecommunications service area in the State. The designated | 3 |
| market area for the northeastern portion shall consist of 2 two | 4 |
| separate and distinct reporting areas: ( i) a city with more | 5 |
| than 1,000,000 inhabitants, and ( ii) all other local units of | 6 |
| government on a combined basis within such designated market | 7 |
| area in which it offers video service. A holder of a | 8 |
| State-issued authorization shall provide the Commission with a | 9 |
| service area footprint, as defined in subsection (j) of Section | 10 |
| 21-201 of this Article, or a list of municipalities included in | 11 |
| the service area footprint within 60 days after receiving | 12 |
| authorization or 60 days after the effective date of this | 13 |
| amendatory Act of the 95th General Assembly. The information | 14 |
| shall be provided to the public. If a holder of a State-issued | 15 |
| authorization deems the footprint to be proprietary | 16 |
| information or refuses to disclose a footprint or list of | 17 |
| municipalities, then the holder shall provide access to its | 18 |
| cable or video service to a number of households equal to at | 19 |
| least 50% of the households in the holder's telecommunications | 20 |
| service area in the State within 3 years after the date the | 21 |
| holder receives a State-issued authorization from the | 22 |
| Commission and to a number not less than 65% of these | 23 |
| households within 5 years after the date the holder receives a | 24 |
| State-issued authorization from the Commission; provided, | 25 |
| however, that the holder of a State-issued authorization is not | 26 |
| required to meet the 65% requirement in this subsection (c) |
|
|
|
09500HB2074ham002 |
- 8 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| until 2 years after at least 15% of the households with access | 2 |
| to the holder's video service subscribe to the service for 6 | 3 |
| consecutive months. | 4 |
| (B) If any state, in which a holder subject to this | 5 |
| subsection (c) or one of its affiliates provides or seeks to | 6 |
| provide cable or video service, adopts a law permitting | 7 |
| state-issued authorization or statewide franchises to provide | 8 |
| cable or video service that requires a cable or video provider | 9 |
| to offer service to more than 35% of the households in the | 10 |
| cable or video provider's service area in that state within 3 | 11 |
| years, holders subject to this subsection (c) shall provide | 12 |
| service in this State to the same percentage of households | 13 |
| within 3 years of adoption of such law in that state. | 14 |
| Furthermore, if any state, in which a holder subject to | 15 |
| this subsection (c) or one of its affiliates provides or seeks | 16 |
| to provide cable or video service, adopts a law requiring a | 17 |
| holder of a state-issued authorization or statewide franchises | 18 |
| to offer cable or video service to more than 35% of its | 19 |
| households if less than 15% of the households with access to | 20 |
| the holder's video service subscribe to the service for 6 | 21 |
| consecutive months, then as a precondition to further | 22 |
| build-out, holders subject to this subsection (c) shall be | 23 |
| subject to the same percentage of service subscription in | 24 |
| meeting its obligation to provide service to 50% of the | 25 |
| households in this State.
| 26 |
| (2) Within 3 years after the date a holder receives a |
|
|
|
09500HB2074ham002 |
- 9 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| State-issued authorization from the Commission , at least | 2 |
| 30% of the total households with access to the holder's | 3 |
| cable or video service shall be low-income. | 4 |
| Within each designated market area listed in paragraph | 5 |
| (1) of this subsection (c) (c)(1) , the holder's obligation | 6 |
| to offer service to low-income households shall be measured | 7 |
| by each exchange, as that term is defined in Section 13-206 | 8 |
| of this the Public Utilities Act in which the holder | 9 |
| chooses to provide cable or video service. The holder is | 10 |
| under no obligation to serve or provide access to an entire | 11 |
| exchange; however, in addition to the statewide obligation | 12 |
| to provide low-income access provided by this Section, in | 13 |
| each exchange in which the holder chooses to provide cable | 14 |
| or video service, the holder shall provide access to a | 15 |
| percentage of low-income households that is at least equal | 16 |
| to the percentage of the total low-income households within | 17 |
| that exchange. | 18 |
| (d)(1) All other holders shall only provide access to one | 19 |
| or more exchanges, as that term is defined in Section 13-206 of | 20 |
| this the Public Utilities Act, or to local units of government | 21 |
| and shall provide access to their cable or video service to a | 22 |
| number of households equal to 35% of the households in the | 23 |
| exchange or local unit of government within 3 years after the | 24 |
| date a holder receives a State-issued authorization from the | 25 |
| Commission and to a number not less than 50% of these | 26 |
| households within 5 years after the date a holder receives a |
|
|
|
09500HB2074ham002 |
- 10 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| State-issued authorization from the Commission, provided , | 2 |
| however, that if the holder is an incumbent cable operator or | 3 |
| any successor-in-interest company, it shall be obligated to | 4 |
| provide access to cable or video services within the | 5 |
| jurisdiction of a local unit of government at the same levels | 6 |
| required by the local franchising authorities for that local | 7 |
| unit of government on June 30, 2007 ( the effective date of | 8 |
| Public Act 95-9) this amendatory Act of the 95th General | 9 |
| Assembly . | 10 |
| (2) Within 3 years after the date a holder receives a | 11 |
| State-issued authorization from the Commission, at least | 12 |
| 30% of the total households with access to the holder's | 13 |
| cable or video service shall be low-income. | 14 |
| Within each designated exchange, as that term is | 15 |
| defined in Section 13-206 of this the Public Utilities Act, | 16 |
| or local unit of government listed in paragraph (1) of this | 17 |
| subsection (d) (d)(1) , the holder's obligation to offer | 18 |
| service to low-income households shall be measured by each | 19 |
| exchange or local unit of government in which the holder | 20 |
| chooses to provide cable or video service. Except as | 21 |
| provided in paragraph (1) of this subsection (d) (d)(1) , | 22 |
| the holder is under no obligation to serve or provide | 23 |
| access to an entire exchange or local unit of government; | 24 |
| however, in addition to the statewide obligation to provide | 25 |
| low-income access provided by this Section, in each | 26 |
| exchange or local unit of government in which the holder |
|
|
|
09500HB2074ham002 |
- 11 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| chooses to provide cable or video service, the holder shall | 2 |
| provide access to a percentage of low-income households | 3 |
| that is at least equal to the percentage of the total | 4 |
| low-income households within that exchange or local unit of | 5 |
| government. | 6 |
| A holder of a State-issued authorization shall provide | 7 |
| the Commission with a service area footprint, as defined in | 8 |
| subsection (j) of Section 21-201 of this Article, or a list | 9 |
| of municipalities included in the service area footprint | 10 |
| within 60 days after receiving authorization or 60 days | 11 |
| after the effective date of this amendatory Act of the 95th | 12 |
| General Assembly. The information shall be provided to the | 13 |
| public. If a holder of a State-issued authorization deems | 14 |
| the footprint to be proprietary information or refuses to | 15 |
| disclose a footprint or list of municipalities, then the | 16 |
| holder shall provide access to its cable or video service | 17 |
| to a number of households equal to at least 50% of the | 18 |
| households in the holder's telecommunications service area | 19 |
| in the State within 3 years after the date the holder | 20 |
| receives a State-issued authorization from the Commission | 21 |
| and to a number not less than 65% of these households | 22 |
| within 5 years after the date the holder receives a | 23 |
| State-issued authorization from the Commission; provided, | 24 |
| however, that the holder of a State-issued authorization is | 25 |
| not required to meet the 65% requirement in subsection (c) | 26 |
| of this Section until 2 years after at least 15% of the |
|
|
|
09500HB2074ham002 |
- 12 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| households with access to the holder's video service | 2 |
| subscribe to the service for 6 consecutive months. | 3 |
| (e) A holder subject to subsection (c) of this Section | 4 |
| 21-1101(c) shall provide wireline broadband service, defined | 5 |
| as wireline service , capable of supporting, in at least one | 6 |
| direction, a speed in excess of 200 kilobits per second (kbps), | 7 |
| to the network demarcation point at the subscriber's premises, | 8 |
| to a number of households equal to 90% of the households in the | 9 |
| holder's telecommunications service area by December 31, 2008, | 10 |
| or shall pay within 30 days of December 31, 2008 a sum of | 11 |
| $15,000,000 to the Digital Divide Elimination Infrastructure | 12 |
| Fund established pursuant to Section 13-301.3 of Article XIII | 13 |
| of this Act, or any successor fund established by the General | 14 |
| Assembly. In that event the holder is required to make a | 15 |
| payment pursuant to this subsection (e) , the holder shall have | 16 |
| no further accounting for this payment, which shall be used in | 17 |
| any part of the State for the purposes established in the | 18 |
| Digital Divide Elimination Infrastructure Fund or for | 19 |
| broadband deployment. | 20 |
| (f) The holder of a State-issued authorization may satisfy | 21 |
| the requirements of subsections (b), (c) , and (d) of this | 22 |
| Section through the use of any technology, which shall not | 23 |
| include direct-to-home satellite service, that offers service, | 24 |
| functionality, and content that , which is demonstrably similar | 25 |
| to that provided through the holder's video service system. | 26 |
| (g) In any investigation into or complaint alleging that |
|
|
|
09500HB2074ham002 |
- 13 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| the holder of a State-issued authorization has failed to meet | 2 |
| the requirements of this Section, the following factors may be | 3 |
| considered in justification or mitigation or as justification | 4 |
| for an extension of time to meet the requirements of | 5 |
| subsections (b), (c) , and (d) of this Section: | 6 |
| (1) The inability to obtain access to public and | 7 |
| private rights-of-way under reasonable terms and | 8 |
| conditions. | 9 |
| (2) Barriers to competition arising from existing | 10 |
| exclusive service arrangements in developments or | 11 |
| buildings. | 12 |
| (3) The inability to access developments or buildings | 13 |
| using reasonable technical solutions under commercially | 14 |
| reasonable terms and conditions. | 15 |
| (4) Natural disasters. | 16 |
| (5) Other factors beyond the control of the holder. | 17 |
| (h) If the holder relies on the factors identified in | 18 |
| subsection (g) of this Section in response to an investigation | 19 |
| or complaint, the holder shall demonstrate the following : | 20 |
| (1) what substantial effort the holder of a | 21 |
| State-issued authorization has taken to meet the | 22 |
| requirements of subsection subsections (a), (b) , or (c) of | 23 |
| this Section; | 24 |
| (2) which portions of subsection (g) of this Section | 25 |
| apply; and | 26 |
| (3) the number of days it has been delayed or the |
|
|
|
09500HB2074ham002 |
- 14 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| requirements it cannot perform as a consequence of | 2 |
| subsection (g) of this Section. | 3 |
| (i) The factors in subsection (g) of this Section may be | 4 |
| considered by the Attorney General or by a court of competent | 5 |
| jurisdiction in determining whether the holder is in violation | 6 |
| of this Article. | 7 |
| (j) Every holder of a State-issued authorization, no later | 8 |
| than April 1, 2009, and annually no later than April 1 | 9 |
| thereafter, shall report to the Commission for each of the | 10 |
| service areas as described in subsections (b), (c) , and (d) of | 11 |
| this Section in which it provides access to its video service | 12 |
| in the State, the following information: | 13 |
| (1) Cable service and video service information: | 14 |
| (A) The number of households in the holder's | 15 |
| telecommunications service area within each designated | 16 |
| market area as described in subsections (b) and (c) of | 17 |
| this Section or exchange or local unit of government as | 18 |
| described in subsection (d) of this Section in which it | 19 |
| offers video service. | 20 |
| (B) The number of households in the holder's | 21 |
| telecommunications service area within each designated | 22 |
| market area as described in subsections (b) and (c) of | 23 |
| this Section or exchange or local unit of government as | 24 |
| described in subsection (d) of this Section that are | 25 |
| offered access to video service by the holder. | 26 |
| (C) The number of households in the holder's |
|
|
|
09500HB2074ham002 |
- 15 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| telecommunications service area in the State. | 2 |
| (D) The number of households in the holder's | 3 |
| telecommunications service area in the State that are | 4 |
| offered access to video service by the holder. | 5 |
| (2) Low-income household information: | 6 |
| (A) The number of low-income households in the | 7 |
| holder's telecommunications service area within each | 8 |
| designated market area as described in subsections (b) | 9 |
| and (c) of this Section, as further identified in terms | 10 |
| of exchanges, or exchange or local unit of government | 11 |
| as described in subsection (d) of this Section , in | 12 |
| which it offers video service. | 13 |
| (B) The number of low-income households in the | 14 |
| holder's telecommunications service area within each | 15 |
| designated market area as described in subsections (b) | 16 |
| and (c) of this Section, as further identified in terms | 17 |
| of exchanges, or exchange or local unit of government | 18 |
| as described in subsection (d) of this Section in the | 19 |
| State , that are offered access to video service by the | 20 |
| holder. | 21 |
| (C) The number of low-income households in the | 22 |
| holder's telecommunications service area in the State. | 23 |
| (D) The number of low-income households in the | 24 |
| holder's telecommunications service area in the State | 25 |
| that are offered access to video service by the holder. | 26 |
| (k) The Commission, within 30 days of receiving the first |
|
|
|
09500HB2074ham002 |
- 16 - |
LRB095 01542 MJR 50602 a |
|
| 1 |
| report from holders under this Section, and annually no later | 2 |
| than July 1 thereafter, shall submit to the General Assembly a | 3 |
| report that includes, based on year-end data, the information | 4 |
| submitted by holders pursuant to subdivisions (1) and (2) of | 5 |
| subsection (j) subsections (j)(1) and (j)(2) of this Section. | 6 |
| The Commission shall make this report available to any member | 7 |
| of the public or any local unit of government upon request. All | 8 |
| information submitted to the Commission and designated by | 9 |
| holders as confidential and proprietary shall be subject to the | 10 |
| disclosure provisions in subsection (c) of Section 21-401 of | 11 |
| this Act 21-401(c) . No individually identifiable customer | 12 |
| information shall be subject to public disclosure.
| 13 |
| (Source: P.A. 95-9, eff. 6-30-07; revised 7-9-07.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
|
|