Full Text of HB6425 96th General Assembly
HB6425ham002 96TH GENERAL ASSEMBLY
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Rep. Kevin A. McCarthy
Filed: 4/23/2010
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| AMENDMENT TO HOUSE BILL 6425
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| AMENDMENT NO. ______. Amend House Bill 6425 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The High Speed Internet Services and | 5 |
| Information Technology Act is amended by changing Sections 20 | 6 |
| and 25 as follows: | 7 |
| (20 ILCS 661/20)
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| Sec. 20. Duties of the enlisted nonprofit organization. | 9 |
| (a) The high speed Internet deployment strategy and demand | 10 |
| creation initiative to be performed by the nonprofit | 11 |
| organization shall include, but not be limited to, the | 12 |
| following actions: | 13 |
| (1) Create a geographic statewide inventory of high | 14 |
| speed Internet service and other relevant broadband and | 15 |
| information technology services. The inventory shall: | 16 |
| (A) identify geographic gaps in high speed |
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| Internet service through a method of GIS mapping of | 2 |
| service availability and GIS analysis at the census | 3 |
| block level; and | 4 |
| (B) provide a baseline assessment of statewide | 5 |
| high speed Internet deployment in terms of percentage | 6 |
| of Illinois households with high speed Internet | 7 |
| availability ; and . | 8 |
| (C) collect the following information from | 9 |
| Facilities-based Providers of Broadband Connections to | 10 |
| End User Locations: | 11 |
| (i) the number and type of Facilities-based | 12 |
| Providers of Broadband Connections to End User | 13 |
| Locations within the State; | 14 |
| (ii) the services offered by these firms to | 15 |
| both retail and wholesale customers; | 16 |
| (iii) the extent to which customers and other | 17 |
| providers are purchasing the firms' services; and | 18 |
| (iv) the technologies or methods by which | 19 |
| these firms provide these services, including | 20 |
| descriptions of technologies in place and under | 21 |
| development, and the degree to which firms rely on | 22 |
| other wholesale providers to provide service to | 23 |
| their own customers. | 24 |
| For the purposes of item (C), "Facilities-based | 25 |
| Providers of Broadband Connections to End User | 26 |
| Locations" shall have the same meaning as that term is |
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| defined in Section 13-407 of the Public Utilities Act. | 2 |
| (2) Track and identify, through customer interviews | 3 |
| and surveys and other publicly available sources, | 4 |
| statewide residential and business adoption of high speed | 5 |
| Internet, computers, and related information technology | 6 |
| and any barriers to adoption. | 7 |
| (3) Build and facilitate in each county or designated | 8 |
| region a local technology planning team with members | 9 |
| representing a cross section of the community, including, | 10 |
| but not limited to, representatives of business, K-12 | 11 |
| education, health care, libraries, higher education, | 12 |
| community-based organizations, local government, tourism, | 13 |
| parks and recreation, and agriculture. Each team shall | 14 |
| benchmark technology use across relevant community | 15 |
| sectors, set goals for improved technology use within each | 16 |
| sector, and develop a plan for achieving its goals, with | 17 |
| specific recommendations for online application | 18 |
| development and demand creation. | 19 |
| (4) Collaborate with high speed Internet providers and | 20 |
| technology companies to encourage deployment and use, | 21 |
| especially in underserved areas, by aggregating local | 22 |
| demand, mapping analysis, and creating market intelligence | 23 |
| to improve the business case for providers to deploy. | 24 |
| (5) Collaborate with the Department in developing a | 25 |
| program to increase computer ownership and broadband | 26 |
| access for disenfranchised populations across the State. |
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| The program may include grants to local community | 2 |
| technology centers that provide technology training, | 3 |
| promote computer ownership, and increase broadband access. | 4 |
| (6) Collaborate with the Department and the Illinois | 5 |
| Commerce Commission regarding the collection of any | 6 |
| information required by this Section that the Department | 7 |
| and the Illinois Commerce Commission deems necessary to | 8 |
| assist in monitoring and analyzing the broadband markets | 9 |
| and the status of competition and deployment of broadband | 10 |
| services to consumers in the State, including the format of | 11 |
| information requested. | 12 |
| (b) The nonprofit organization may apply for federal grants | 13 |
| consistent with the objectives of this Act. | 14 |
| (c) The Department of Commerce and Economic Opportunity | 15 |
| shall use the funds in the High Speed Internet Services and | 16 |
| Information Technology Fund to (1) provide grants to the | 17 |
| nonprofit organization enlisted under this Act and (2) for any | 18 |
| costs incurred by the Department to administer this Act. | 19 |
| (d) The nonprofit organization shall have the power to | 20 |
| obtain or to raise funds other than the grants received from | 21 |
| the Department under this Act. | 22 |
| (e) The nonprofit organization and its Board of Directors | 23 |
| shall exist separately and independently from the Department | 24 |
| and any other governmental entity, but shall cooperate with | 25 |
| other public or private entities it deems appropriate in | 26 |
| carrying out its duties. |
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| (f) Notwithstanding anything in this Act or any other Act | 2 |
| to the contrary, any information that is designated | 3 |
| confidential or proprietary by an entity providing the | 4 |
| information to the nonprofit organization or any other entity | 5 |
| to accomplish the objectives of this Act shall be deemed | 6 |
| confidential, proprietary, and a trade secret and treated by | 7 |
| the nonprofit organization or anyone else possessing the | 8 |
| information as such and shall not be disclosed. | 9 |
| (g) The nonprofit organization shall provide a report to | 10 |
| the Commission on Government Forecasting and Accountability on | 11 |
| an annual basis for the first 3 complete State fiscal years | 12 |
| following its enlistment.
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| (Source: P.A. 95-684, eff. 10-19-07.) | 14 |
| (20 ILCS 661/25)
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| Sec. 25. Scope of authority. Nothing in this Act shall be | 16 |
| construed as giving the Department of Commerce and Economic | 17 |
| Opportunity, the nonprofit organization, or other entities any | 18 |
| additional authority, regulatory or otherwise, over providers | 19 |
| of telecommunications, broadband, and information technology. | 20 |
| However, the Department shall have the authority to require | 21 |
| Facilities-based Providers of Broadband Connections to End | 22 |
| User Locations to provide information pursuant to subsection | 23 |
| (a) of Section 20. Upon request, any and all information | 24 |
| collected pursuant to subsection (a) of Section 20 that is | 25 |
| provided to the enlisted nonprofit organization shall be |
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| provided to the Department.
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| (Source: P.A. 95-684, eff. 10-19-07.) | 3 |
| Section 10. The Public Utilities Act is amended by changing | 4 |
| Sections 13-101, 13-202, 13-301, 13-406, 13-407, 13-503, | 5 |
| 13-505, 13-509, 13-703, 13-704, 13-712, and 13-1200 and by | 6 |
| adding Sections 13-234, 13-235, 13-236, 13-401.1, 13-506.2, | 7 |
| 13-804, 13-900.1, and 13-900.2 as follows:
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| (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
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| (Section scheduled to be repealed on July 1, 2010)
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| Sec. 13-101.
Application of Act to telecommunications | 11 |
| rates and
services. Except to the extent modified or | 12 |
| supplemented by the
specific provisions of this Article, the | 13 |
| Sections of this Act pertaining to
public utilities, public | 14 |
| utility rates and services, and the regulation
thereof, are | 15 |
| fully and equally applicable to noncompetitive
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| telecommunications rates and services, and the regulation | 17 |
| thereof, except
where the context clearly renders such | 18 |
| provisions inapplicable. Except to
the extent modified or | 19 |
| supplemented by the specific provisions of this
Article, | 20 |
| Articles I through V, Sections 8-301, 8-305, 8-502, 8-503, | 21 |
| 8-505, 8-509, 8-509.5, 8-510,
9-221, 9-222,
9-222.1,
9-222.2, | 22 |
| 9-250, and 9-252.1, and Article Articles X and XI of this Act
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| are fully and equally applicable to
competitive | 24 |
| telecommunications rates and services, and the regulation
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| thereof except that Section 9-250 shall not apply to | 2 |
| competitive retail telecommunications services ; in addition, | 3 |
| as to competitive telecommunications rates and
services, and | 4 |
| the regulation thereof, and with the exception of competitive | 5 |
| retail telecommunications service rates and services, all | 6 |
| rules and regulations
made by a telecommunications carrier | 7 |
| affecting or pertaining to its
charges or service to the public | 8 |
| shall be just and reasonable ,
provided that nothing in this | 9 |
| Section shall be construed to prevent
a telecommunications | 10 |
| carrier from accepting payment
electronically or by the use of | 11 |
| a customer-preferred financially
accredited credit or debit | 12 |
| methodology .
As of the effective date of this amendatory Act of | 13 |
| the 92nd General
Assembly,
Sections 4-202, 4-203,
and
5-202 of | 14 |
| this Act shall cease to apply to telecommunications rates and
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| services.
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| (Source: P.A. 92-22, eff. 6-30-01 .)
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| (220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
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| (Section scheduled to be repealed on July 1, 2010)
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| Sec. 13-202.
"Telecommunications carrier" means and | 20 |
| includes every
corporation, company, association, joint stock | 21 |
| company or association,
firm, partnership or individual, their | 22 |
| lessees, trustees or receivers
appointed by any court | 23 |
| whatsoever that owns, controls, operates or manages,
within | 24 |
| this State, directly or indirectly, for public use, any plant,
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| equipment or property used or to be used for or in connection |
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| with, or owns
or controls any franchise, license, permit or | 2 |
| right to engage in the
provision of, telecommunications | 3 |
| services between points within the State
which are specified by | 4 |
| the user. "Telecommunications carrier" includes an Electing | 5 |
| Provider, as defined in Section 13-506.2. Telecommunications | 6 |
| carrier does not
include, however:
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| (a) telecommunications carriers that are owned and | 8 |
| operated by any
political subdivision, public or private | 9 |
| institution of higher education or
municipal corporation of | 10 |
| this State, for their own use, or
telecommunications carriers | 11 |
| that are owned by such political subdivision,
public or private | 12 |
| institution of higher education, or municipal corporation
and | 13 |
| operated by any of its lessees or operating agents, for their | 14 |
| own use;
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| (b) telecommunications carriers which are purely mutual | 16 |
| concerns, having
no rates or charges for services, but paying | 17 |
| the operating expenses by
assessment upon the members of such a | 18 |
| company and no other person but does
include telephone or | 19 |
| telecommunications cooperatives as defined in
Section 13-212;
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| (c) a company or person which provides telecommunications | 21 |
| services solely to
itself and its affiliates or members or | 22 |
| between points in the same building,
or between closely located | 23 |
| buildings, affiliated through substantial
common ownership, | 24 |
| control or development; or
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| (d) a company or person engaged in the delivery of | 26 |
| community antenna
television services as described in |
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| subdivision (c) of Section 13-203,
except with respect to the | 2 |
| provision of telecommunications services by that
company or | 3 |
| person.
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| (Source: P.A. 87-856 .)
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| (220 ILCS 5/13-234 new) | 6 |
| (Section scheduled to be repealed on July 1, 2010) | 7 |
| Sec. 13-234. Interconnected voice over Internet protocol | 8 |
| service. "Interconnected voice over Internet protocol service" | 9 |
| or "Interconnected VoIP service" has the meaning prescribed in | 10 |
| 47 CFR 9.3 as defined on the effective date of this amendatory | 11 |
| Act of the 96th General Assembly or as the amended thereafter. | 12 |
| (220 ILCS 5/13-235 new) | 13 |
| (Section scheduled to be repealed on July 1, 2010) | 14 |
| Sec. 13-235. Interconnected voice over Internet protocol | 15 |
| provider. "Interconnected voice over Internet protocol | 16 |
| provider" or "Interconnected VoIP provider" means and includes | 17 |
| every corporation, company, association, joint stock company | 18 |
| or association, firm, partnership, or individual, their | 19 |
| lessees, trustees, or receivers appointed by any court | 20 |
| whatsoever that owns, controls, operates, manages, or provides | 21 |
| within this State, directly or indirectly, Interconnected | 22 |
| voice over Internet protocol service. | 23 |
| (220 ILCS 5/13-236 new) |
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| (Section scheduled to be repealed on July 1, 2010) | 2 |
| Sec. 13-236. Internet protocol enabled service. "Internet | 3 |
| protocol enabled service" means any service, capability, | 4 |
| functionality, or application provided using Internet Protocol | 5 |
| that enables an end user to send or receive a voice, data, or | 6 |
| video communication in Internet protocol format.
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| (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
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| (Section scheduled to be repealed on July 1, 2010)
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| Sec. 13-301. Duties of the Commission. | 10 |
| (1) Consistent with the findings and policy established in
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| paragraph (a) of Section 13-102 and paragraph (a) of Section | 12 |
| 13-103, and
in order to ensure the attainment of such policies, | 13 |
| the Commission shall:
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| (a) participate in all federal programs intended to | 15 |
| preserve or extend
universal telecommunications service, | 16 |
| unless such programs would place cost
burdens on Illinois | 17 |
| customers of telecommunications services in excess of
the | 18 |
| benefits they would receive through participation, | 19 |
| provided, however,
the Commission shall not approve or | 20 |
| permit the imposition of any surcharge
or other fee | 21 |
| designed to subsidize or provide a waiver for subscriber | 22 |
| line
charges; and shall report on such programs together | 23 |
| with an assessment of
their adequacy and the advisability | 24 |
| of participating therein in its annual
report to the | 25 |
| General Assembly, or more often as necessary;
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| (b) (Blank) establish a program to monitor the level of | 2 |
| telecommunications
subscriber connection within each | 3 |
| exchange in Illinois, and shall report
the results of such | 4 |
| monitoring and any actions it has taken or recommends
be | 5 |
| taken to maintain and increase such levels in its annual | 6 |
| report to the
General Assembly, or more often if necessary ;
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| (c) order all telecommunications carriers offering or | 8 |
| providing local
exchange telecommunications service to | 9 |
| propose low-cost or budget service
tariffs and any other | 10 |
| rate design or pricing mechanisms designed to
facilitate | 11 |
| customer access to such telecommunications service, | 12 |
| provided services by any telecommunications carrier at the | 13 |
| rates, terms, and conditions specified in Section 13-506.2 | 14 |
| or Section 13-518 of this Article shall constitute | 15 |
| compliance with this Section. A telecommunications carrier | 16 |
| may seek Commission approval of other low-cost or budget | 17 |
| service tariffs or rate design or pricing mechanisms to | 18 |
| comply with this Section and shall
after notice and | 19 |
| hearing, implement any such proposals which it finds
likely | 20 |
| to achieve such purpose ;
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| (d) investigate the necessity of and, if appropriate, | 22 |
| establish a universal service support fund
from which local | 23 |
| exchange telecommunications
carriers
who pursuant to the | 24 |
| Twenty-Seventh Interim Order of the Commission in Docket
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| No. 83-0142 or the orders of the Commission in Docket No. | 26 |
| 97-0621 and Docket
No.
98-0679
received funding and whose |
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| economic costs of providing
services for which universal | 2 |
| service support may be made available exceed
the
affordable | 3 |
| rate established by the Commission for such services may be
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| eligible to receive
support, less any federal universal | 5 |
| service support received for the same or
similar costs
of | 6 |
| providing the supported services; provided, however, that | 7 |
| if a universal
service support
fund is established, the | 8 |
| Commission shall require that all costs of the fund be
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| recovered
from all local exchange and interexchange | 10 |
| telecommunications carriers
certificated in
Illinois and | 11 |
| all providers of Interconnected VoIP providers registered | 12 |
| in Illinois on a competitively neutral and | 13 |
| nondiscriminatory basis. Interconnected VoIP service shall | 14 |
| not be considered an intrastate telecommunications service | 15 |
| for the purposes of this subsection, unless defined as such | 16 |
| under federal law or Federal Communications Commission | 17 |
| regulation. For purposes of determining Interconnected | 18 |
| VoIP service revenues subject to the monthly assessment | 19 |
| under this Section, providers of Interconnected VoIP | 20 |
| service may use the results of a company-specific traffic | 21 |
| study or the inverse of the Federal Communications | 22 |
| Commission's federal universal service fund safe harbor in | 23 |
| a manner that is consistent with the methodology each | 24 |
| provider uses to determine its contributions to the federal | 25 |
| universal service fund. In
establishing any such
universal | 26 |
| service support fund, the Commission shall, in addition to |
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| the
determination of
costs for supported services, | 2 |
| consider and make findings pursuant to subsection (2) | 3 |
| paragraphs
(1), (2), and
(4) of item (e) of this Section. | 4 |
| Proxy cost, as determined by the
Commission, may be
used | 5 |
| for this purpose. In determining cost recovery for any | 6 |
| universal service
support fund, the Commission shall not | 7 |
| permit recovery of such costs from
another certificated | 8 |
| carrier for any service purchased and used solely as an
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| input to a service provided to such certificated carrier's | 10 |
| retail customers . ; and
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| (2) (e) investigate the necessity of and, if appropriate, | 12 |
| establish a
universal
service support
fund in addition to any | 13 |
| fund that may be established pursuant to item (d)
of this
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| Section; provided, however, that if a telecommunications | 15 |
| carrier receives
universal
service support pursuant to item (d) | 16 |
| of this Section, that
telecommunications carrier
shall not | 17 |
| receive universal service support pursuant to this item.
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| Recipients of any
universal service support funding created by | 19 |
| this item shall be
"eligible"
telecommunications carriers, as | 20 |
| designated by the Commission in accordance with
47
U.S.C. | 21 |
| 214(e)(2). Eligible telecommunications carriers providing | 22 |
| local
exchange
telecommunications service
may be eligible to | 23 |
| receive support for such services, less any federal
universal | 24 |
| service support
received for the same or similar costs of | 25 |
| providing the supported services.
If a fund is established, the
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| Commission
shall require that the costs of such fund be |
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| recovered from all
telecommunications
carriers, with the | 2 |
| exception of wireless carriers who are providers of two-way
| 3 |
| cellular
telecommunications service and who have not been | 4 |
| designated as eligible
telecommunications carriers, on a | 5 |
| competitively neutral and non-discriminatory
basis. In
any | 6 |
| order creating a fund pursuant to this item, the Commission, | 7 |
| after
notice and
hearing, shall:
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| (a) (1) Define the group of services to be declared | 9 |
| "supported
telecommunications
services" that constitute | 10 |
| "universal service". This group of services shall,
at a
| 11 |
| minimum, include those services as defined by the Federal | 12 |
| Communications
Commission and as from time to time amended. | 13 |
| In addition, the Commission
shall consider the range of | 14 |
| services currently offered by telecommunications
carriers | 15 |
| offering local exchange telecommunications service, the | 16 |
| existing rate
structures for the supported | 17 |
| telecommunications services, and the
telecommunications | 18 |
| needs of Illinois consumers in determining the supported
| 19 |
| telecommunications services.
The Commission shall, from | 20 |
| time to time or upon request, review and, if
appropriate, | 21 |
| revise the group of Illinois supported telecommunications | 22 |
| services
and the terms of the fund to reflect changes or | 23 |
| enhancements in
telecommunications needs, technologies, | 24 |
| and available services.
| 25 |
| (b) (2) Identify all implicit subsidies contained in | 26 |
| rates or charges of
incumbent local exchange
carriers, |
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| including all subsidies in interexchange access charges, | 2 |
| and
determine how
such subsidies can be made explicit by
| 3 |
| the creation of the fund.
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| (3) Identify the incumbent local exchange carriers' | 5 |
| economic costs of
providing the
supported | 6 |
| telecommunications services.
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| (c) (4) Establish an affordable price for the supported | 8 |
| telecommunications
services for
the respective incumbent | 9 |
| local exchange carrier. The affordable price shall
be no | 10 |
| less than
the rates in effect at the time the Commission | 11 |
| creates a fund
pursuant to this item. The Commission may | 12 |
| establish and utilize indices
or
models for updating the | 13 |
| affordable price for supported telecommunications
| 14 |
| services.
| 15 |
| (5) Identify the telecommunications carriers from whom | 16 |
| the costs of the
fund
shall be recovered and the mechanism | 17 |
| to be used to determine and establish a
competitively | 18 |
| neutral and non-discriminatory funding basis. From time to | 19 |
| time,
or upon request, the Commission shall consider | 20 |
| whether, based upon changes in
technology or other factors, | 21 |
| additional telecommunications providers should
contribute | 22 |
| to the fund. The Commission shall establish the basis upon | 23 |
| which
telecommunications carriers contributing to the fund | 24 |
| shall recover
contributions
on a competitively neutral and | 25 |
| non-discriminatory basis.
In determining cost recovery for | 26 |
| any universal support fund, the Commission
shall not permit |
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| recovery of such costs from another certificated carrier | 2 |
| for
any service purchased and used solely as an input to a | 3 |
| service provided to such
certificated carriers' retail | 4 |
| customers.
| 5 |
| (6) Approve a plan for the administration and operation | 6 |
| of the fund by a
neutral third party consistent with the | 7 |
| requirements of this item.
| 8 |
| No fund shall be created pursuant to this item until | 9 |
| existing
implicit
subsidies,
including, but not limited to, | 10 |
| those subsidies contained in interexchange
access
charges, | 11 |
| have been identified and eliminated through revisions to rates | 12 |
| or
charges.
Prior to May 1, 2000, such revisions to rates or | 13 |
| charges to eliminate implicit
subsidies shall occur | 14 |
| contemporaneously with any funding established pursuant
to | 15 |
| this item. However, if the Commission does not establish a | 16 |
| universal
service support fund by May 1, 2000, the Commission | 17 |
| shall not be prevented from
entering an order or taking other | 18 |
| actions to reduce or eliminate existing
subsidies as well as | 19 |
| considering the effect of such reduction or elimination on
| 20 |
| local exchange carriers.
| 21 |
| Any telecommunications carrier providing local exchange
| 22 |
| telecommunications service which offers to its local exchange | 23 |
| customers a
choice of two or more local exchange | 24 |
| telecommunications service offerings
shall provide, to any | 25 |
| such customer requesting it, once a year without
charge, a | 26 |
| report describing which local exchange telecommunications |
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| service
offering would result in the lowest bill for such | 2 |
| customer's local exchange
service, based on such customer's | 3 |
| calling pattern and usage for the
previous 6 months. At least | 4 |
| once a year, each such carrier shall provide a
notice to each | 5 |
| of its local exchange telecommunications service customers
| 6 |
| describing the availability of this report and the specific | 7 |
| procedures by
which customers may receive it. Such report shall | 8 |
| only be available to
current and future customers who have | 9 |
| received at least 6 months of
continuous local exchange service | 10 |
| from such carrier.
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| (Source: P.A. 91-636, eff. 8-20-99 .)
| 12 |
| (220 ILCS 5/13-401.1 new) | 13 |
| (Section scheduled to be repealed on July 1, 2010) | 14 |
| Sec. 13-401.1. Interconnected voice over Internet protocol | 15 |
| (VoIP) service provider registration. | 16 |
| (a) An Interconnected VoIP provider providing fixed or | 17 |
| non-nomadic service in Illinois on December 1, 2010 shall | 18 |
| register with the Commission no later than January 1, 2011. All | 19 |
| other Interconnected VoIP providers providing fixed or | 20 |
| non-nomadic service in Illinois shall register with the | 21 |
| Commission at least 30 days before providing service in | 22 |
| Illinois. The Commission shall prescribe a registration form no | 23 |
| later than October 1, 2010. The registration form prescribed by | 24 |
| the Commission shall only require the following information: | 25 |
| (1) the provider's legal name and any name under which |
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09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| the provider does or will do business in Illinois, as | 2 |
| authorized by the Secretary of State; | 3 |
| (2) the provider's address and telephone number, along | 4 |
| with contact information for the person responsible for | 5 |
| ongoing communications with the Commission; | 6 |
| (3) a description of the provider's dispute resolution | 7 |
| process and, if any, the telephone number to initiate the | 8 |
| dispute resolution process; and | 9 |
| (4) a description of each exchange of a local exchange | 10 |
| company, in whole or in part, or the cities, towns, or | 11 |
| geographic areas, in whole or in part, in which the | 12 |
| provider is offering or proposes to offer Interconnected | 13 |
| VoIP service. | 14 |
| A provider must notify the Commission of any change in the | 15 |
| information identified in paragraphs (1), (2), (3), or (4) of | 16 |
| this subsection (a) within 5 business days after any such | 17 |
| change. | 18 |
| (b) A provider shall charge and collect from its end-user | 19 |
| customers, and remit to the appropriate authority, fees and | 20 |
| surcharges in the same manner as are charged and collected upon | 21 |
| end-user customers of local exchange telecommunications | 22 |
| service and remitted by local exchange telecommunications | 23 |
| companies for local enhanced 9-1-1 surcharges. | 24 |
| (c) A provider may designate information that it submits in | 25 |
| its registration form or subsequent reports as confidential or | 26 |
| proprietary, provided that the provider states the reasons the |
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09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| confidential designation is necessary. The Commission shall | 2 |
| provide adequate protection for such information pursuant to | 3 |
| Section 4-404 of this Act. If the Commission or any other party | 4 |
| seeks public disclosure of information designated as | 5 |
| confidential, the Commission shall consider the confidential | 6 |
| designation in a proceeding under the Illinois Administrative | 7 |
| Procedure Act, and the burden of proof to demonstrate that the | 8 |
| designated information is confidential shall be upon the | 9 |
| provider. Designated information shall remain confidential | 10 |
| pending the Commission's determination of whether the | 11 |
| information is entitled to confidential treatment. Information | 12 |
| designated as confidential shall be provided to local units of | 13 |
| government for purposes of assessing compliance with this | 14 |
| Article as permitted under a protective order issued by the | 15 |
| Commission pursuant to the Commission's rules and to the | 16 |
| Attorney General pursuant to Section 6.5 of the Attorney | 17 |
| General Act. Information designated as confidential under this | 18 |
| Section or determined to be confidential upon Commission review | 19 |
| shall only be disclosed pursuant to a valid and enforceable | 20 |
| subpoena or court order or as required by the Freedom of | 21 |
| Information Act. | 22 |
| (d) Notwithstanding any other provision of law to the | 23 |
| contrary, the Commission shall have the authority, after notice | 24 |
| and hearing, to revoke or suspend the registration of any | 25 |
| provider who fails to comply with the requirements of this | 26 |
| Section.
|
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|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
|
| 1 |
| (220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
| 2 |
| (Section scheduled to be repealed on July 1, 2010)
| 3 |
| Sec. 13-406. Abandonment of service. No telecommunications | 4 |
| carrier offering or providing
noncompetitive | 5 |
| telecommunications service pursuant to a valid
Certificate of | 6 |
| Service Authority or certificate of public convenience and
| 7 |
| necessity shall discontinue or abandon such service once | 8 |
| initiated until
and unless it shall demonstrate, and the | 9 |
| Commission finds, after notice and
hearing, that such | 10 |
| discontinuance or abandonment will not deprive customers
of any | 11 |
| necessary or essential telecommunications service or access | 12 |
| thereto
and is not otherwise contrary to the public interest. | 13 |
| No
telecommunications carrier offering or providing | 14 |
| competitive
telecommunications service to an identifiable | 15 |
| class or group of customers shall completely discontinue or | 16 |
| abandon such service once
initiated except upon 30 days notice | 17 |
| to the Commission and affected
customers. The Commission may, | 18 |
| upon its own motion or upon complaint,
investigate the proposed | 19 |
| discontinuance or abandonment of a competitive
| 20 |
| telecommunications service and may, after notice and hearing, | 21 |
| prohibit such
proposed discontinuance or abandonment if the | 22 |
| Commission finds that it
would be contrary to the public | 23 |
| interest. If the Commission does not provide notice of a | 24 |
| hearing within 60 calendar days after the notification or holds | 25 |
| a hearing and fails to find that the proposed discontinuation |
|
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09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| or abandonment would be contrary to the public interest, the | 2 |
| provider may discontinue or abandon such service after | 3 |
| providing at least 30 days notice to affected customers.
| 4 |
| (Source: P.A. 84-1063 .)
| 5 |
| (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
| 6 |
| (Section scheduled to be repealed on July 1, 2010)
| 7 |
| Sec. 13-407. Commission study and report. The Commission | 8 |
| shall monitor
and analyze patterns of
entry and exit and | 9 |
| changes in patterns of entry
and exit for each relevant
market | 10 |
| for telecommunications services, including emerging high speed
| 11 |
| telecommunications markets and broadband services. The | 12 |
| Commission , and shall include its findings
together with | 13 |
| appropriate recommendations for legislative action in its
| 14 |
| annual report to the General Assembly. The Commission shall | 15 |
| provide an analysis of entry and exit, along with changes in | 16 |
| patterns of entry and exit, for broadband services in its | 17 |
| annual report to the General Assembly.
| 18 |
| In preparing its annual report, the Commission shall obtain | 19 |
| any information on broadband services that has been collected | 20 |
| or is in the possession of the Department of Commerce and | 21 |
| Economic Opportunity pursuant to the High Speed Internet | 22 |
| Services and Information Technology Act. The Commission shall | 23 |
| coordinate with the Department of Commerce and Economic | 24 |
| Opportunity in collecting information to avoid a duplication of | 25 |
| efforts. |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| The Commission shall also monitor and analyze the status
of | 2 |
| deployment of services to consumers, and any resulting "digital | 3 |
| divisions"
between consumers, including any changes or trends | 4 |
| therein. The
Commission shall include its findings together | 5 |
| with appropriate recommendations
for legislative action in its | 6 |
| annual report to the General Assembly. In
preparing this | 7 |
| analysis the Commission shall evaluate information
provided by | 8 |
| certificated telecommunications carriers , registered | 9 |
| Interconnected VoIP providers, and Facilities-based Providers | 10 |
| of Broadband Connections to End User Locations that pertains to | 11 |
| the state of
competition in telecommunications markets | 12 |
| including, but not limited to:
| 13 |
| (1) the number and type of firms providing | 14 |
| telecommunications services and ,
including broadband | 15 |
| telecommunications services, within the State;
| 16 |
| (2) the telecommunications services offered by these | 17 |
| firms to both retail
and wholesale customers;
| 18 |
| (3) the extent to which customers and other providers | 19 |
| are purchasing the
firms' telecommunications services; and
| 20 |
| (4) the technologies or methods by which these firms | 21 |
| provide these
services, including descriptions of | 22 |
| technologies in place and under
development, and the degree | 23 |
| to which firms rely on other wholesale providers to
provide | 24 |
| service to their own customers . ; and
| 25 |
| (5) the tariffed retail and wholesale prices for | 26 |
| services provided by
these firms.
|
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09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| The Commission shall at a minimum assess the variability in | 2 |
| this
information according to geography, examining variability | 3 |
| by exchange,
wirecenter, or zip code, and by
customer class, | 4 |
| examining, at a minimum, the variability between residential
| 5 |
| and small, medium, and large business customers. The Commission | 6 |
| shall
provide an analysis of market trends by collecting this | 7 |
| information from certificated telecommunications carriers, | 8 |
| registered Interconnected VoIP providers, and registered | 9 |
| Facilities-based Providers of Broadband Connections to End | 10 |
| User Locations firms
providing telecommunications services | 11 |
| within the State. The Commission shall
also collect all | 12 |
| information, in a format determined by the Commission, that
the | 13 |
| Commission deems necessary to assist in monitoring and | 14 |
| analyzing the
telecommunications markets and broadband market, | 15 |
| along with and the status of competition and deployment of
| 16 |
| telecommunications services and broadband services to | 17 |
| consumers in the State.
| 18 |
| Notwithstanding any other provision in this Act, | 19 |
| certificated telecommunications carriers, registered | 20 |
| Interconnected VoIP providers, and Facilities-based Providers | 21 |
| of Broadband Connections to End User Locations shall report to | 22 |
| the Commission any information requested by the Commission that | 23 |
| the Commission deems necessary to perform its responsibilities | 24 |
| under this Section. The Commission may coordinate and work with | 25 |
| the Department of Commerce and Economic Opportunity to avoid | 26 |
| duplication of collection of information that is collected |
|
|
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09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| pursuant to the High Speed Internet Services and Information | 2 |
| Technology Act. | 3 |
| For the purposes of this Section: | 4 |
| (1) "Broadband connections" include wired lines or | 5 |
| wireless channels that enable the end user to receive | 6 |
| information from or send information to the Internet at | 7 |
| information transfer rates exceeding 200 kbps in at least | 8 |
| one direction. | 9 |
| (2) "End user" includes a residential, business, | 10 |
| institutional, or government entity who uses broadband | 11 |
| services for its own purposes and who does not resell such | 12 |
| services to other entities or incorporate such services | 13 |
| into retail Internet-access services. For purposes of this | 14 |
| Section, an Internet Service Provider (ISP) is not an end | 15 |
| user of a broadband connection. | 16 |
| (3) "Facilities-based Provider of Broadband | 17 |
| Connections to End User Locations" means an entity that | 18 |
| meets any of the following conditions: | 19 |
| (1) It owns the portion of the physical facility | 20 |
| that terminates at the end user location. | 21 |
| (2) It obtains unbundled network elements (UNEs), | 22 |
| special access lines, or other leased facilities that | 23 |
| terminate at the end user location and provisions or | 24 |
| equips them as broadband. | 25 |
| (3) It provisions or equips a broadband wireless | 26 |
| channel to the end user location over licensed or |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| unlicensed spectrum. | 2 |
| "Facilities-based Provider of Broadband Connections to | 3 |
| End User Locations" does not include providers of | 4 |
| terrestrial fixed wireless services (such as Wi-Fi and | 5 |
| other wireless Ethernet, or wireless local area network, | 6 |
| applications) that only enable local distribution and | 7 |
| sharing of a premises broadband facility and does not | 8 |
| include air-to-ground services. | 9 |
| (Source: P.A. 92-22, eff. 6-30-01 .)
| 10 |
| (220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
| 11 |
| (Section scheduled to be repealed on July 1, 2010)
| 12 |
| Sec. 13-503. Information available to the public. With | 13 |
| respect to rates or other charges made, demanded or
received | 14 |
| for any telecommunications service offered, provided or to be
| 15 |
| provided, whether such service is competitive or | 16 |
| noncompetitive,
telecommunications carriers shall comply with | 17 |
| the publication and filing
provisions of Sections 9-101, 9-102, | 18 |
| and 9-103. Telecommunications carriers shall make all tariffs | 19 |
| available electronically to the public upon request. A | 20 |
| telecommunications carrier's website shall, if applicable, | 21 |
| provide in a conspicuous manner information on the rates, | 22 |
| charges, terms, and conditions of service available and a | 23 |
| toll-free telephone number the person may use to contact an | 24 |
| agent for assistance with obtaining rate or other charge | 25 |
| information or the terms and conditions of service.
|
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
|
| 1 |
| (Source: P.A. 84-1063 .)
| 2 |
| (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
| 3 |
| (Section scheduled to be repealed on July 1, 2010)
| 4 |
| Sec. 13-505. Rate changes; competitive services. (a) Any | 5 |
| proposed increase or decrease in rates or charges, or proposed
| 6 |
| change in any
classification or tariff resulting in an increase | 7 |
| or decrease in
rates or charges, for
a competitive | 8 |
| telecommunications service shall be permitted upon the filing
| 9 |
| of the proposed rate, charge, classification, or tariff. Notice | 10 |
| Prior notice of an
increase shall be given , no later than the | 11 |
| prior billing cycle, to
all potentially affected customers by | 12 |
| mail, publication in a newspaper of
general circulation, or | 13 |
| equivalent means of notice , including electronic if the | 14 |
| customer has elected electronic billing .
| 15 |
| (b) If a hearing is held pursuant to Section 9-250 | 16 |
| regarding the
reasonableness of an increase in the rates or | 17 |
| charges of a competitive
local exchange service, then the | 18 |
| telecommunications carrier providing the
service shall have | 19 |
| the burden of proof to establish the justness and
| 20 |
| reasonableness of the proposed rate or charge.
| 21 |
| (Source: P.A. 90-185, eff. 7-23-97 .)
| 22 |
| (220 ILCS 5/13-506.2 new) | 23 |
| (Section scheduled to be repealed on July 1, 2010) | 24 |
| Sec. 13-506.2. Market regulation for competitive retail |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| services. | 2 |
| (a) Definitions. As used in this Section: | 3 |
| (1) "Electing Provider" means a telecommunications | 4 |
| carrier that is subject to either rate regulation pursuant | 5 |
| to Section 13-504 or Section 13-505 or alternative | 6 |
| regulation pursuant to Section 13-506.1 and that elects to | 7 |
| have the rates, terms, and conditions of its competitive | 8 |
| retail telecommunications services solely determined and | 9 |
| regulated pursuant to the terms of this Article. | 10 |
| (2) "Basic local exchange service" means either a | 11 |
| stand-alone residence network access line and per-call | 12 |
| usage or, for any geographic area in which such stand-alone | 13 |
| service is not offered, a stand-alone flat rate residence | 14 |
| network access line for which local calls are not charged | 15 |
| for frequency or duration. | 16 |
| (b) Election for market regulation.
Notwithstanding any | 17 |
| other provision of this Act, an Electing Provider may elect to | 18 |
| have the rates, terms, and conditions of its competitive retail | 19 |
| telecommunications services solely determined and regulated | 20 |
| pursuant to the terms of this Section by filing written notice | 21 |
| of its election for market regulation with the Commission. The | 22 |
| notice of election shall designate the geographic area of the | 23 |
| Electing Provider's service territory where the market | 24 |
| regulation shall apply, either on a state-wide basis or in one | 25 |
| or more specified Market Service Areas ("MSA") or Exchange | 26 |
| areas. An Electing Provider shall not make an election for |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| market regulation under this Section unless it commits in its | 2 |
| written notice of election for market regulation to fulfill the | 3 |
| conditions and requirements in this Section in each geographic | 4 |
| area in which market regulation is elected. Immediately upon | 5 |
| filing the notice of election for market regulation, the | 6 |
| Electing Provider shall be subject to the jurisdiction of the | 7 |
| Commission to the extent expressly provided in this Article. | 8 |
| (c) Competitive classification. Market regulation shall | 9 |
| only be available for competitive retail telecommunications | 10 |
| services as provided in this subsection. | 11 |
| (1) For geographic areas in which telecommunications | 12 |
| services provided by the Electing Provider were classified | 13 |
| as competitive either through legislative action or a | 14 |
| tariff filing pursuant to Section 13-502 prior to January | 15 |
| 1, 2010, and that are included in the Electing Provider's | 16 |
| notice of election pursuant to subsection (b) of this | 17 |
| Section, such services, and all recurring and nonrecurring | 18 |
| charges associated with, related to or used in connection | 19 |
| with such services, shall be classified as competitive | 20 |
| without further Commission review. For services classified | 21 |
| as competitive pursuant to this subsection, the | 22 |
| requirements or conditions in any order or decision | 23 |
| rendered by the Commission pursuant to Section 13-502 prior | 24 |
| to the effective date of this amendatory Act of the 96th | 25 |
| General Assembly, except for the commitments made by the | 26 |
| Electing Provider in such order or decision concerning the |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| optional packages required in subsection (d) of this | 2 |
| Section and basic local exchange service as defined in this | 3 |
| Section, shall no longer be in effect and no Commission | 4 |
| investigation, review, or proceeding under Section 13-502 | 5 |
| shall be continued, conducted, or maintained with respect | 6 |
| to such services, charges, requirements, or conditions. | 7 |
| (2) For those geographic areas in which residential | 8 |
| local exchange telecommunications services have not been | 9 |
| classified as competitive as of the effective date of this | 10 |
| amendatory Act of the 96th General Assembly, all | 11 |
| telecommunications services provided to residential and | 12 |
| business end users by an Electing Provider in the | 13 |
| geographic area that is included in its notice of election | 14 |
| pursuant to subsection (b) shall be classified as | 15 |
| competitive for purposes of this Article without further | 16 |
| Commission review. | 17 |
| (3) If an Electing Provider was previously subject to | 18 |
| alternative regulation pursuant to Section 13-506.1 of | 19 |
| this Article, the alternative regulation plan shall | 20 |
| terminate in whole for all services subject to that plan | 21 |
| and be of no force or effect, without further Commission | 22 |
| review or action, when the Electing Provider's residential | 23 |
| local exchange telecommunications service in each MSA in | 24 |
| its telecommunications service area in the State has been | 25 |
| classified as competitive pursuant to either subdivision | 26 |
| (c)(1) or (c)(2) of this Section. |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| (4) The service packages described in Section 13-518 | 2 |
| shall be classified as competitive for purposes of this | 3 |
| Section if offered by an Electing Provider in a geographic | 4 |
| area in which local exchange telecommunications service | 5 |
| has been classified as competitive pursuant to either | 6 |
| subdivision (c)(1) or (c)(2) of this Section. | 7 |
| (d) Consumer choice safe harbor options. | 8 |
| (1) Through July 1, 2013, an Electing Provider in each | 9 |
| of the MSA or Exchange areas classified as competitive | 10 |
| pursuant to subdivision (c)(1) or (c)(2) of this Section | 11 |
| shall offer to all residential customers who choose to | 12 |
| subscribe the following optional packages of services | 13 |
| priced at the same rate levels in effect on January 1, 2010 | 14 |
| (A) A basic package, which shall consist of a | 15 |
| stand-alone residential network access line and 30 | 16 |
| local calls. If the Electing Provider offers a | 17 |
| stand-alone residential access line and local usage on | 18 |
| a per call basis, the price for the basic package shall | 19 |
| be the Electing Provider's applicable price in effect | 20 |
| on January 1, 2010 for the sum of a residential access | 21 |
| line and 30 local calls, additional calls over 30 calls | 22 |
| shall be provided at the current per call rate. | 23 |
| However, this basic package is not required if | 24 |
| stand-alone residential network access lines or | 25 |
| per-call local usage are not offered by the Electing | 26 |
| Provider in the geographic area on January 1, 2010. |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| (B) An extra package, which shall consist of | 2 |
| residential basic local exchange network access line | 3 |
| and unlimited local calls. The price for the extra | 4 |
| package shall be the Electing Provider's applicable | 5 |
| price in effect on January 1, 2010 for a residential | 6 |
| access line with unlimited local calls. | 7 |
| (C) A plus package, which shall consist of | 8 |
| residential basic local exchange network access line, | 9 |
| unlimited local calls, and the customer's choice of 2 | 10 |
| vertical services. The term "vertical services" as | 11 |
| used in this subsection, includes, but is not limited | 12 |
| to, call waiting, call forwarding, 3-way calling, | 13 |
| caller ID, call tracing, automatic callback, repeat | 14 |
| dialing, and voicemail. The price for the plus package | 15 |
| shall be the Electing Provider's applicable price in | 16 |
| effect on January 1, 2010 for the sum of a residential | 17 |
| access line with unlimited local calls and 2 times the | 18 |
| average price for the vertical features included in the | 19 |
| package. | 20 |
| (2) For those geographic areas in which local exchange | 21 |
| telecommunications services were classified as competitive | 22 |
| on the effective date of this amendatory Act of the 96th | 23 |
| General Assembly an Electing Provider in each such MSA or | 24 |
| Exchange area shall be subject to the same terms and | 25 |
| conditions as provided in commitments made by the Electing | 26 |
| Provider in connection with such previous competitive |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
|
| 1 |
| classifications, which shall apply with equal force under | 2 |
| this Section, except as follows: (i) the limits on price | 3 |
| increases on the optional packages required by this Section | 4 |
| shall be extended until July 1, 2013 and (ii) the price for | 5 |
| the extra package required by subsection (d)(1)(B) shall be | 6 |
| reduced by one dollar from the price in effect on January | 7 |
| 1, 2010. In addition, if an Electing Provider obtains a | 8 |
| competitive classification pursuant to subsection (c)(1) | 9 |
| and (c)(2), the price for the optional packages shall be | 10 |
| determined in such area in compliance with subsection | 11 |
| (d)(1), except the price for the plus package required by | 12 |
| subsection (d)(1) C) shall be the lower of the price for | 13 |
| such area or the price of the plus package in effect on | 14 |
| January 1, 2010 for areas classified as competitive | 15 |
| pursuant to subsection (c)(1). | 16 |
| (3) To the extent that the requirements in Section | 17 |
| 13-518 applied to a telecommunications carrier prior to the | 18 |
| effective date of this Section and that telecommunications | 19 |
| carrier becomes an Electing Provider in accordance with the | 20 |
| provisions of this Section, the requirements in Section | 21 |
| 13-518 shall cease to apply to that Electing Provider in | 22 |
| those geographic areas included in the Electing Provider's | 23 |
| notice of election pursuant to subsection (b) of this | 24 |
| Section. | 25 |
| (4) An Electing Provider shall make the optional | 26 |
| packages required by this subsection and stand-alone |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
|
| 1 |
| residential network access lines and local usage, where | 2 |
| offered, readily available to the public by providing | 3 |
| information, in a clear manner, to residential customers. | 4 |
| Information shall be made available on a website, and an | 5 |
| Electing Provider shall provide notification to its | 6 |
| customers every 6 months, provided that notification may | 7 |
| consist of a bill page message that provides an objective | 8 |
| description of the safe harbor options that includes a | 9 |
| telephone number and website address where the customer may | 10 |
| obtain additional information about the packages from the | 11 |
| Electing Provider. The optional packages shall be offered | 12 |
| on a monthly basis with no term of service requirement. An | 13 |
| Electing Provider shall allow online electronic ordering | 14 |
| of the optional packages and stand alone residential | 15 |
| network access lines and local usage, where offered, on its | 16 |
| website in a manner similar to the online electronic | 17 |
| ordering of its other residential services. An Electing | 18 |
| Provider shall comply with the Commission's existing | 19 |
| rules, regulations, and notices regarding medical | 20 |
| conditions, disconnection of service, and refusal of | 21 |
| service when offering or providing the optional packages | 22 |
| required by this subsection (d) and stand-alone | 23 |
| residential network access lines. The Commission shall | 24 |
| have the power, after notice and hearing as provided in | 25 |
| this Article, upon complaint or upon its own motion, to | 26 |
| take corrective action if the requirements of this Section |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
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| 1 |
| are not complied with by an Electing Provider. | 2 |
| (e) Service quality and customer credits for basic local | 3 |
| exchange service. | 4 |
| (1) An Electing Provider shall meet the following | 5 |
| service quality standards in providing basic local | 6 |
| exchange service, which for purposes of this subsection | 7 |
| (e), includes both basic local exchange service and the | 8 |
| consumer choice safe harbor options required by subsection | 9 |
| (d) of this Section. | 10 |
| (A) Install basic local exchange service within 5 | 11 |
| business days after receipt of an order from the | 12 |
| customer unless the customer requests an installation | 13 |
| date that is beyond 5 business days after placing the | 14 |
| order for basic service and to inform the customer of | 15 |
| the Electing Provider's duty to install service within | 16 |
| this timeframe. If installation of service is | 17 |
| requested on or by a date more than 5 business days in | 18 |
| the future, the Electing Provider shall install | 19 |
| service by the date requested. | 20 |
| (B) Restore basic local exchange service for the | 21 |
| customer within 30 hours after receiving notice that | 22 |
| the customer is out of service. | 23 |
| (C) Keep all repair and installation appointments | 24 |
| for basic local exchange service if a customer premises | 25 |
| visit requires a customer to be present. The | 26 |
| appointment window shall be either a specific time or, |
|
|
|
09600HB6425ham002 |
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LRB096 21053 AMC 40613 a |
|
| 1 |
| at a maximum, a 4-hour time block during evening, | 2 |
| weekend, and normal business hours. | 3 |
| (D) Inform a customer when a repair or installation | 4 |
| appointment requires the customer to be present. | 5 |
| (2) Customers shall be credited by the Electing | 6 |
| Provider for violations of basic local exchange service | 7 |
| quality standards described in subdivision (e)(1) of this | 8 |
| Section. The credits shall be applied automatically on the | 9 |
| statement issued to the customer for the next monthly | 10 |
| billing cycle following the violation or following the | 11 |
| discovery of the violation. The next monthly billing cycle | 12 |
| following the violation or the discovery of the violation | 13 |
| means the billing cycle immediately following the billing | 14 |
| cycle in process at the time of the violation or discovery | 15 |
| of the violation, provided the total time between the | 16 |
| violation or discovery of the violation and the issuance of | 17 |
| the credit shall not exceed 60 calendar days. The Electing | 18 |
| Provider is responsible for providing the credits and the | 19 |
| customer is under no obligation to request such credits. | 20 |
| The following credits shall apply: | 21 |
| (A) If an Electing Provider fails to repair an | 22 |
| out-of-service condition for basic local exchange | 23 |
| service within 30 hours, the Electing Provider shall | 24 |
| provide a credit to the customer. If the service | 25 |
| disruption is for more than 30 hours, but not more than | 26 |
| 48 hours, the credit must be equal to a pro-rata |
|
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| 1 |
| portion of the monthly recurring charges for all basic | 2 |
| local exchange services disrupted. If the service | 3 |
| disruption is for more than 48 hours, but not more than | 4 |
| 72 hours, the credit must be equal to at least 33% of | 5 |
| one month's recurring charges for all local services | 6 |
| disrupted. If the service disruption is for more than | 7 |
| 72 hours, but not more than 96 hours, the credit must | 8 |
| be equal to at least 67% of one month's recurring | 9 |
| charges for all basic local exchange services | 10 |
| disrupted. If the service disruption is for more than | 11 |
| 96 hours, but not more than 120 hours, the credit must | 12 |
| be equal to one month's recurring charges for all basic | 13 |
| local exchange services disrupted. For each day or | 14 |
| portion thereof that the service disruption continues | 15 |
| beyond the initial 120-hour period, the Electing | 16 |
| Provider shall also provide an additional credit of $20 | 17 |
| per calendar day. | 18 |
| (B) If an Electing Provider fails to install basic | 19 |
| local exchange service as required under subdivision | 20 |
| (e)(1) of this Section, the Electing Provider shall | 21 |
| waive 50% of any installation charges, or in the | 22 |
| absence of an installation charge or where | 23 |
| installation is pursuant to the Link Up program, the | 24 |
| Electing Provider shall provide a credit of $25. If an | 25 |
| Electing Provider fails to install service within 10 | 26 |
| business days after the service application is placed, |
|
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| 1 |
| or fails to install service within 5 business days | 2 |
| after the customer's requested installation date, if | 3 |
| the requested date was more than 5 business days after | 4 |
| the date of the order, the Electing Provider shall | 5 |
| waive 100% of the installation charge, or in the | 6 |
| absence of an installation charge or where | 7 |
| installation is provided pursuant to the Link Up | 8 |
| program, the Electing Provider shall provide a credit | 9 |
| of $50. For each day that the failure to install | 10 |
| service continues beyond the initial 10 business days, | 11 |
| or beyond 5 business days after the customer's | 12 |
| requested installation date, if the requested date was | 13 |
| more than 5 business days after the date of the order, | 14 |
| the Electing Provider shall also provide an additional | 15 |
| credit of $20 per calendar day until the basic local | 16 |
| exchange service is installed. | 17 |
| (C) If an Electing Provider fails to keep a | 18 |
| scheduled repair or installation appointment when a | 19 |
| customer premises visit requires a customer to be | 20 |
| present as required under subdivision (e)(1) of this | 21 |
| Section, the Electing Provider shall credit the | 22 |
| customer $25 per missed appointment. A credit required | 23 |
| by this subdivision does not apply when the Electing | 24 |
| Provider provides the customer notice of its inability | 25 |
| to keep the appointment no later than 8:00 pm of the | 26 |
| day prior to the scheduled date of the appointment. |
|
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| (D) Credits required by this subsection do not | 2 |
| apply if the violation of a service quality standard: | 3 |
| (i) occurs as a result of a negligent or | 4 |
| willful act on the part of the customer; | 5 |
| (ii) occurs as a result of a malfunction of | 6 |
| customer-owned telephone equipment or inside | 7 |
| wiring; | 8 |
| (iii) occurs as a result of, or is extended by, | 9 |
| an emergency situation as defined in 83 Ill. Adm. | 10 |
| Code 732.10; | 11 |
| (iv) is extended by the Electing Provider's | 12 |
| inability to gain access to the customer's | 13 |
| premises due to the customer missing an | 14 |
| appointment, provided that the violation is not | 15 |
| further extended by the Electing Provider; | 16 |
| (v) occurs as a result of a customer request to | 17 |
| change the scheduled appointment, provided that | 18 |
| the violation is not further extended by the | 19 |
| Electing Provider; | 20 |
| (vi) occurs as a result of an Electing | 21 |
| Provider's right to refuse service to a customer as | 22 |
| provided in Commission rules; or | 23 |
| (vii) occurs as a result of a lack of | 24 |
| facilities where a customer requests service at a | 25 |
| geographically remote location, where a customer | 26 |
| requests service in a geographic area where the |
|
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| Electing Provider is not currently offering | 2 |
| service, or where there are insufficient | 3 |
| facilities to meet the customer's request for | 4 |
| service, subject to an Electing Provider's | 5 |
| obligation for reasonable facilities planning. | 6 |
| (3) Each Electing Provider shall provide to the | 7 |
| Commission on April 1, 2012, and annually no later than | 8 |
| April 1 thereafter, in a form suitable for posting on the | 9 |
| Commission's website, a public report that includes the | 10 |
| following data for basic local exchange service quality of | 11 |
| service: | 12 |
| (A) With regard to credits due in accordance with | 13 |
| subdivision (e)(2)(A) as a result of out-of-service | 14 |
| conditions lasting more than 30 hours: | 15 |
| (i) the total dollar amount of any customer | 16 |
| credits paid; | 17 |
| (ii) the number of credits issued for repairs | 18 |
| between 30 and 48 hours; | 19 |
| (iii) the number of credits issued for repairs | 20 |
| between 49 and 72 hours; | 21 |
| (iv) the number of credits issued for repairs | 22 |
| between 73 and 96 hours; | 23 |
| (v) the number of credits used for repairs | 24 |
| between 97 and 120 hours; | 25 |
| (vi) the number of credits issued for repairs | 26 |
| greater than 120 hours; and |
|
|
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| (vii) the number of exemptions claimed for | 2 |
| each of the categories identified in subdivision | 3 |
| (e)(2)(D). | 4 |
| (B) With regard to credits due in accordance with | 5 |
| subdivision (e)(2)(B) as a result of failure to install | 6 |
| basic local exchange service: | 7 |
| (i) the total dollar amount of any customer | 8 |
| credits paid; | 9 |
| (ii) the number of installations after 5 | 10 |
| business days; | 11 |
| (iii) the number of installations after 10 | 12 |
| business days; | 13 |
| (iv) the number of installations after 11 | 14 |
| business days; and | 15 |
| (v) the number of exemptions claimed for each | 16 |
| of the categories identified in subdivision | 17 |
| (e)(2)(D). | 18 |
| (C) With regard to credits due in accordance with | 19 |
| subdivision (e)(2)(C) as a result of missed | 20 |
| appointments: | 21 |
| (i) the total dollar amount of any customer | 22 |
| credits paid; | 23 |
| (ii) the number of any customers receiving | 24 |
| credits; and | 25 |
| (iii) the number of exemptions claimed for | 26 |
| each of the categories identified in subdivision |
|
|
|
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| (e)(2)(D). | 2 |
| (D) The Electing Provider's annual report required | 3 |
| by this subsection shall also include, for | 4 |
| informational reporting, the performance data | 5 |
| described in subdivisions (e)(2)(A), (e)(2)(B), and | 6 |
| (e)(2)(C), and trouble reports per 100 access lines | 7 |
| calculated using the Commission's existing applicable | 8 |
| rules and regulations for such measures, but not | 9 |
| including the existing requirements for service | 10 |
| standards. | 11 |
| (4) It is the intent of the General Assembly that the | 12 |
| service quality rules and customer credits in this | 13 |
| subsection (e) of this Section and other enforcement | 14 |
| mechanisms, including fines and penalties authorized by | 15 |
| Section 13-305, shall apply on a nondiscriminatory basis to | 16 |
| all Electing Providers. Accordingly, notwithstanding any | 17 |
| provision of any service quality rules promulgated by the | 18 |
| Commission, any alternative regulation plan adopted by the | 19 |
| Commission, or any other order of the Commission, any | 20 |
| Electing Provider that is subject to any other order of the | 21 |
| Commission and that violates or fails to comply with the | 22 |
| service quality standards promulgated pursuant to this | 23 |
| subsection (e) or any other order of the Commission shall | 24 |
| not be subject to any fines, penalties, customer credits, | 25 |
| or enforcement mechanisms other than such fines or | 26 |
| penalties or customer credits as may be imposed by the |
|
|
|
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| 1 |
| Commission in accordance with the provisions of this | 2 |
| subsection (e) and Section 13-305, which are to be | 3 |
| generally applicable to all Electing Providers. The amount | 4 |
| of any fines or penalties imposed by the Commission for | 5 |
| failure to comply with the requirements of this subsection | 6 |
| (e) shall be an appropriate amount, taking into account, at | 7 |
| a minimum, the Electing Provider's gross annual intrastate | 8 |
| revenue; the frequency, duration, and recurrence of the | 9 |
| violation; and the relative harm caused to the affected | 10 |
| customers or other users of the network. In imposing fines | 11 |
| and penalties, the Commission shall take into account | 12 |
| compensation or credits paid by the Electing Provider to | 13 |
| its customers pursuant to this subsection (e) in | 14 |
| compensation for any violation found pursuant to this | 15 |
| subsection (e), and in any event the fine or penalty shall | 16 |
| not exceed an amount equal to the maximum amount of a civil | 17 |
| penalty that may be imposed under Section 13-305. | 18 |
| (f) Commission jurisdiction upon election for market | 19 |
| regulation. Except as otherwise expressly stated in this | 20 |
| Section, the Commission shall thereafter have no jurisdiction | 21 |
| or authority over any aspect of competitive retail | 22 |
| telecommunications service of an Electing Provider in those | 23 |
| geographic areas included in the Electing Provider's notice of | 24 |
| election pursuant to subsection (c) of this Section, heretofore | 25 |
| subject to the jurisdiction of the Commission, including but | 26 |
| not limited to, any requirements of this Article related to the |
|
|
|
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| 1 |
| terms, conditions, rates, quality of service, availability, | 2 |
| classification or any other aspect of any of the Electing | 3 |
| Provider's competitive retail telecommunications services. No | 4 |
| Electing Provider shall commit any unfair or deceptive act or | 5 |
| practice in connection with any aspect of the offering or | 6 |
| provision of any competitive retail telecommunications | 7 |
| service. Nothing in this Article shall limit or affect any | 8 |
| provisions in the Consumer Fraud and Deceptive Business | 9 |
| Practices Act with respect to any unfair or deceptive act or | 10 |
| practice by an Electing Provider. | 11 |
| (g) Commission authority over access services upon | 12 |
| election for market regulation. | 13 |
| (1) As part of its Notice of Election for Market | 14 |
| Regulation, the Electing Provider shall reduce its | 15 |
| intrastate switched access rates to rates no higher than | 16 |
| its interstate switched access rates in 4 installments. The | 17 |
| first reduction must be made 30 days after submission of | 18 |
| its complete application for Notice of Election for Market | 19 |
| Regulation, and the Electing Provider must reduce its | 20 |
| intrastate switched access rates by an amount equal to 33% | 21 |
| of the difference between its current intrastate switched | 22 |
| access rates and its current interstate switched access | 23 |
| rates. The second reduction must be made no later than one | 24 |
| year after the first reduction, and the Electing Provider | 25 |
| must reduce its then current intrastate switched access | 26 |
| rates by an amount equal to 50% of the difference between |
|
|
|
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| 1 |
| its then current intrastate switched access rates and its | 2 |
| then current interstate switched access rates. The third | 3 |
| reduction must be made no later than one year after the | 4 |
| second reduction, and the Electing Provider must reduce its | 5 |
| then current intrastate switched access rates by an amount | 6 |
| equal to 50% of the difference between its then current | 7 |
| intrastate switched access rate and its then current | 8 |
| interstate switched access rates. The fourth reduction | 9 |
| must be made no longer than one year after the third | 10 |
| reduction, and the Electing Provider must reduce its | 11 |
| intrastate switched access rate to mirror its then current | 12 |
| interstate switched access rates and rate structure. | 13 |
| Following the fourth reduction, each Electing Provider | 14 |
| must continue to set its intrastate switched access rates | 15 |
| to mirror its interstate switched access rates and rate | 16 |
| structure. For purposes of this subsection, the rate for | 17 |
| intrastate switched access service means the composite, | 18 |
| per-minute rate for that service, including all applicable | 19 |
| fixed and traffic-sensitive charges, including, but not | 20 |
| limited to, carrier common line charges. | 21 |
| (2) Nothing in paragraph (1) of this subsection (g) | 22 |
| prohibits an Electing Provider from electing to offer | 23 |
| intrastate switched access service at rates lower than its | 24 |
| interstate switched access rates. | 25 |
| (3) The Commission shall have no authority to order an | 26 |
| Electing Provider to set its rates for intrastate switched |
|
|
|
09600HB6425ham002 |
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| 1 |
| access at a level lower than its interstate switched access | 2 |
| rates. | 3 |
| (4) The Commission's authority under this subsection | 4 |
| (g) shall only apply to Electing Providers under Market | 5 |
| Regulation. The Commission's authority over switched | 6 |
| access services for all other carriers is retained under | 7 |
| Section 13-900.2 of this Act. | 8 |
| (h) Safety of service equipment and facilities. | 9 |
| (1) An Electing Provider shall furnish, provide, and | 10 |
| maintain such service instrumentalities, equipment, and | 11 |
| facilities as shall promote the safety, health, comfort, | 12 |
| and convenience of its patrons, employees, and public and | 13 |
| as shall be in all respects adequate, reliable, and | 14 |
| efficient without discrimination or delay. Every Electing | 15 |
| Provider shall provide service and facilities that are in | 16 |
| all respects environmentally safe. | 17 |
| (2) The Commission is authorized to conduct an | 18 |
| investigation of any Electing Provider or part thereof. The | 19 |
| investigation may examine the reasonableness, prudence, or | 20 |
| efficiency of any aspect of the Electing Provider's | 21 |
| operations or functions that may affect the adequacy, | 22 |
| safety, efficiency, or reliability of telecommunications | 23 |
| service. The Commission may conduct or order an | 24 |
| investigation only when it has reasonable grounds to | 25 |
| believe that the investigation is necessary to assure that | 26 |
| the Electing Provider is providing adequate, efficient, |
|
|
|
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| reliable, and safe service. The Commission shall, before | 2 |
| initiating any such investigation, issue an order | 3 |
| describing the grounds for the investigation and the | 4 |
| appropriate scope and nature of the investigation, which | 5 |
| shall be reasonably related to the grounds relied upon by | 6 |
| the Commission in its order. | 7 |
| (i) Tariffs. No Electing Provider shall offer or provide | 8 |
| telecommunications service unless and until a tariff is filed | 9 |
| with the Commission that describes the nature of the service, | 10 |
| applicable rates and other charges, terms, and conditions of | 11 |
| service and the exchange, exchanges, or other geographical area | 12 |
| or areas in which the service shall be offered or provided. The | 13 |
| Commission may prescribe the form of such tariff and any | 14 |
| additional data or information that shall be included in the | 15 |
| form. Revenue received from an Electing Provider pursuant to | 16 |
| such tariffs shall be gross revenue for purposes of Section | 17 |
| 2-202 of this Act. | 18 |
| (j) Application of Article VII. The provisions of Sections | 19 |
| 7-101, 7-102, 7-103, 7-104, 7-204, 7-205, and 7-206 of this Act | 20 |
| are applicable to an Electing Provider offering or providing | 21 |
| retail telecommunications service, and the Commission's | 22 |
| regulation thereof, except that (1) the approval of contracts | 23 |
| and arrangements with affiliated interests required by | 24 |
| paragraph (3) of Section 7-101 shall not apply to such | 25 |
| telecommunications carriers provided that, except as provided | 26 |
| in item (2), those contracts and arrangements shall be filed |
|
|
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| 1 |
| with the Commission; (2) affiliated interest contracts or | 2 |
| arrangements entered into by such telecommunications carriers | 3 |
| where the increased obligation thereunder does not exceed the | 4 |
| lesser of $5,000,000 or 5% of such carrier's prior annual | 5 |
| revenue from noncompetitive services are not required to be | 6 |
| filed with the Commission; and (3) any consent and approval of | 7 |
| the Commission required by Section 7-102 is not required for | 8 |
| the sale, lease, assignment, or transfer by any Electing | 9 |
| Provider of any real property that is not necessary or useful | 10 |
| in the performance of its duties to the public. | 11 |
| (k) Notwithstanding other provisions of this Section, the | 12 |
| Commission retains its existing authority to enforce the | 13 |
| provisions, conditions, and requirements of the following | 14 |
| Sections of this Article: 13-101, 13-103, 13-201, 13-301, | 15 |
| 13.301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, | 16 |
| 13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, | 17 |
| 13-404.2, 13-405, 13-406, 13-501.5, 13-505, 13-509 13-510, | 18 |
| 13-512, 13-513, 13-514, 13-515, 13-516, 13-519, 13-702, | 19 |
| 13-703, 13-704, 13-705, 13-706, 13-707, 13-709, 13-713, | 20 |
| 13-801, 13-804, 13-900, 13-900.1, 13-900.2, 13-901, 13-902, | 21 |
| and 13-903, which are fully and equally applicable to Electing | 22 |
| Providers subject to the provisions of this Section. On the | 23 |
| effective date of this amendatory Act of the 96th General | 24 |
| Assembly, the following Sections of this Article shall cease to | 25 |
| apply to Electing Providers: 13-302, 13-405.1, 13-501, 13-502, | 26 |
| 13-502.5, 13-503, 13-504, 13-505.2, 13-505.3, 13-505.4, |
|
|
|
09600HB6425ham002 |
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| 1 |
| 13-505.5, 13-505.6, 13-506.1, 13-507, 13-507.1, 13-508, | 2 |
| 13-508.1, 13-517, 13-518, 13-601, 13-701, and 13-712.
| 3 |
| (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
| 4 |
| (Section scheduled to be repealed on July 1, 2010)
| 5 |
| Sec. 13-509.
Agreements for provisions of competitive | 6 |
| telecommunications
services differing from tariffs. A | 7 |
| telecommunications carrier may negotiate
with customers or
| 8 |
| prospective customers to provide competitive | 9 |
| telecommunications service, and in
so
doing, may offer or agree | 10 |
| to provide such service on such terms and for
such rates or | 11 |
| charges as are reasonable, without regard to any
tariffs
it may | 12 |
| have filed with the Commission with respect to
such services. | 13 |
| Upon request of the Commission Within 30 days after executing | 14 |
| any such agreement ,
the telecommunications carrier shall | 15 |
| submit to the Commission written
notice of a list of any such | 16 |
| agreements (which list may be filed
electronically) within the | 17 |
| past year . The notice shall identify the general nature
of all | 18 |
| such agreements , the parties to each agreement, and a general
| 19 |
| description of
differences between each agreement and the | 20 |
| related tariff . A copy of each such
agreement and any cost | 21 |
| support required to be filed with the agreement by some
other | 22 |
| Section of this Act shall be provided to the Commission
within | 23 |
| 10 business days after a request for review of the agreement is | 24 |
| made by
the Commission or is made to the Commission
by another | 25 |
| telecommunications carrier or by a party to such agreement .
|
|
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| 1 |
| Upon submitting notice to the Commission of any such agreement, | 2 |
| the
telecommunications carrier shall thereafter provide | 3 |
| service according to the
terms thereof, unless the Commission | 4 |
| finds, after notice and hearing, that
the continued provision | 5 |
| of service pursuant to such agreement
would substantially and | 6 |
| adversely affect the financial integrity of the
| 7 |
| telecommunications carrier or would violate any other
| 8 |
| provision of this Act.
| 9 |
| Any agreement or notice entered into or submitted pursuant | 10 |
| to the
provisions of this Section may, in the Commission's | 11 |
| discretion, be accorded
proprietary treatment.
| 12 |
| (Source: P.A. 92-22, eff. 6-30-01; 93-245, eff. 7-22-03 .)
| 13 |
| (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
| 14 |
| (Section scheduled to be repealed on July 1, 2010)
| 15 |
| Sec. 13-703.
(a) The Commission shall design and implement | 16 |
| a program
whereby each telecommunications carrier providing | 17 |
| local exchange service
shall provide a telecommunications | 18 |
| device capable of servicing the needs of
those persons with a | 19 |
| hearing or speech disability together with a
single party line, | 20 |
| at no charge additional to the basic exchange rate, to
any | 21 |
| subscriber who is certified as having a hearing or speech | 22 |
| disability by a
licensed physician, speech-language | 23 |
| pathologist, audiologist or a qualified
State agency and to any | 24 |
| subscriber which is an organization serving the needs
of those | 25 |
| persons with a hearing or speech disability as determined and
|
|
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09600HB6425ham002 |
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| 1 |
| specified by the Commission pursuant to subsection (d).
| 2 |
| (b) The Commission shall design and implement a program, | 3 |
| whereby each
telecommunications carrier providing local | 4 |
| exchange service shall provide a
telecommunications relay | 5 |
| system, using third party intervention to connect
those persons | 6 |
| having a hearing or speech disability with persons of normal
| 7 |
| hearing by way of intercommunications devices and the telephone | 8 |
| system, making
available reasonable access to all phases of | 9 |
| public telephone service to
persons who have a hearing or | 10 |
| speech disability. In order to design a
telecommunications | 11 |
| relay system which will meet the requirements of those
persons | 12 |
| with a hearing or speech disability available at a reasonable | 13 |
| cost, the
Commission shall initiate an investigation and | 14 |
| conduct public hearings to
determine the most cost-effective | 15 |
| method of providing telecommunications relay
service to those | 16 |
| persons who have a hearing or speech disability when using
| 17 |
| telecommunications devices and therein solicit the advice, | 18 |
| counsel, and
physical assistance of Statewide nonprofit | 19 |
| consumer organizations that serve
persons with hearing or | 20 |
| speech disabilities in such hearings and during the
development | 21 |
| and implementation of the system. The Commission shall phase
in | 22 |
| this program, on a geographical basis, as soon as is | 23 |
| practicable, but
no later than June 30, 1990.
| 24 |
| (c) The Commission shall establish a rate recovery | 25 |
| mechanism,
authorizing charges in an amount to be determined by | 26 |
| the Commission
for each line of a subscriber to allow |
|
|
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| 1 |
| telecommunications carriers
providing local exchange service | 2 |
| to recover costs as they are incurred
under this Section.
| 3 |
| (d) The Commission shall determine and specify those | 4 |
| organizations serving
the needs of those persons having a | 5 |
| hearing or speech disability that shall
receive a | 6 |
| telecommunications device and in which offices the equipment | 7 |
| shall be
installed in the case of an organization having more | 8 |
| than one office. For the
purposes of this Section, | 9 |
| "organizations serving the needs of those persons
with hearing | 10 |
| or speech disabilities" means centers for independent living as
| 11 |
| described in Section 12a of the Disabled Persons Rehabilitation | 12 |
| Act and
not-for-profit organizations whose primary purpose is | 13 |
| serving the needs of
those persons with hearing or speech | 14 |
| disabilities. The Commission shall direct
the | 15 |
| telecommunications carriers subject to its jurisdiction and | 16 |
| this
Section to comply with its determinations and | 17 |
| specifications in this regard.
| 18 |
| (e) As used in this Section, the phrase "telecommunications | 19 |
| carrier
providing local exchange service" includes, without | 20 |
| otherwise limiting the
meaning of the term, telecommunications | 21 |
| carriers which are purely mutual
concerns, having no rates or | 22 |
| charges for services, but paying the operating
expenses by | 23 |
| assessment upon the members of such a company and no other
| 24 |
| person.
| 25 |
| (f) Interconnected VoIP service providers in Illinois | 26 |
| shall collect and remit assessments determined in accordance |
|
|
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| 1 |
| with this Section in a competitively neutral manner in the same | 2 |
| manner as a telecommunications carrier providing local | 3 |
| exchange service. Interconnected VoIP services shall not be | 4 |
| considered an intrastate telecommunications service for the | 5 |
| purposes of this Section, unless defined as such under federal | 6 |
| law or Federal Communications Commission regulation. | 7 |
| (Source: P.A. 88-497 .)
| 8 |
| (220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
| 9 |
| (Section scheduled to be repealed on July 1, 2010)
| 10 |
| Sec. 13-704.
Each page of a billing statement which sets | 11 |
| forth charges
assessed against a customer by a | 12 |
| telecommunications carrier for
telecommunications service | 13 |
| shall reflect the telephone number or customer
account number | 14 |
| to which the charges are being billed. If a telecommunications | 15 |
| carrier offers electronic billing, customers may elect to have | 16 |
| their bills sent electronically. Such bills shall be | 17 |
| transmitted with instructions for payment. Information sent | 18 |
| electronically shall be deemed to satisfy any requirement in | 19 |
| this Section that such information be printed or written on a | 20 |
| customer bill. Bills may be paid electronically or by the use | 21 |
| of a customer-preferred financially accredited credit or debit | 22 |
| methodology. The billing statement
shall also contain a | 23 |
| separate bill identifying the amount charged as an
| 24 |
| infrastructure maintenance fee.
| 25 |
| (Source: P.A. 90-154, eff. 1-1-98 .)
|
|
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| 1 |
| (220 ILCS 5/13-712)
| 2 |
| (Section scheduled to be repealed on July 1, 2010)
| 3 |
| Sec. 13-712. Basic local exchange service quality; | 4 |
| customer credits.
| 5 |
| (a) It is the intent of the General Assembly that every | 6 |
| telecommunications
carrier meet
minimum service quality | 7 |
| standards in providing basic local exchange service on
a | 8 |
| non-discriminatory basis to all classes of customers.
| 9 |
| (b) Definitions:
| 10 |
| (1) (Blank) "Alternative telephone service" means, | 11 |
| except where technically
impracticable, a
wireless | 12 |
| telephone capable of making local calls, and may also | 13 |
| include, but is
not
limited to, call forwarding, voice | 14 |
| mail, or paging services .
| 15 |
| (2) "Basic local exchange service" means residential | 16 |
| and business lines
used
for local
exchange | 17 |
| telecommunications service as defined in Section 13-204 of | 18 |
| this Act,
excluding:
| 19 |
| (A) services that employ advanced | 20 |
| telecommunications capability as
defined
in Section | 21 |
| 706(c)(1) of the federal Telecommunications Act of | 22 |
| 1996;
| 23 |
| (B) vertical services;
| 24 |
| (C) company official lines; and
| 25 |
| (D) records work only.
|
|
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| 1 |
| (3) "Link Up" refers to the Link Up Assistance program | 2 |
| defined and
established
at 47
C.F.R. Section 54.411 et seq. | 3 |
| as amended.
| 4 |
| (c) The Commission shall promulgate service quality rules
| 5 |
| for basic local exchange service, which may include fines, | 6 |
| penalties, customer
credits, and other enforcement mechanisms. | 7 |
| In developing such service quality
rules, the Commission shall | 8 |
| consider, at a minimum, the carrier's gross annual
intrastate | 9 |
| revenue; the frequency, duration, and recurrence of the | 10 |
| violation;
and the relative harm caused to the affected | 11 |
| customer or other users of the
network. In imposing fines, the | 12 |
| Commission shall take into account
compensation or credits paid | 13 |
| by the telecommunications carrier to its customers
pursuant to | 14 |
| this Section in compensation for the violation found pursuant | 15 |
| to
this Section. These rules shall become effective within one | 16 |
| year after the
effective date of this amendatory Act of the | 17 |
| 92nd General Assembly.
| 18 |
| (d) The rules shall, at a minimum, require each | 19 |
| telecommunications carrier
to do all of the following:
| 20 |
| (1) Install basic local exchange service within 5 | 21 |
| business days after
receipt
of an
order from the customer | 22 |
| unless the customer requests an installation date that
is
| 23 |
| beyond 5 business days after placing the order for basic | 24 |
| service and to inform
the customer of its duty to install | 25 |
| service within this timeframe. If
installation
of
service | 26 |
| is requested on or by a date more than 5 business days in |
|
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| 1 |
| the future,
the
telecommunications carrier shall install | 2 |
| service by the date requested. A
telecommunications | 3 |
| carrier offering basic local exchange service utilizing | 4 |
| the
network or network elements of another carrier shall | 5 |
| install new lines for
basic local exchange service within 3 | 6 |
| business days after provisioning of the
line or lines by | 7 |
| the carrier whose network or network elements are being
| 8 |
| utilized is complete. This
subdivision (d)(1) does not | 9 |
| apply to the migration of a customer between
| 10 |
| telecommunications carriers, so long as the customer | 11 |
| maintains dial tone.
| 12 |
| (2) Restore basic local exchange service for a customer | 13 |
| within 24 hours of
receiving
notice that a customer is out | 14 |
| of service. This provision applies to service
disruptions | 15 |
| that occur when a customer switches existing basic local | 16 |
| exchange
service from one carrier to another.
| 17 |
| (3) Keep all repair and installation appointments for | 18 |
| basic local exchange
service,
when a customer premises | 19 |
| visit requires a customer to be present.
| 20 |
| (4) Inform a customer when a repair or installation | 21 |
| appointment requires
the customer to be present.
| 22 |
| (e) The rules shall include provisions for customers to be
| 23 |
| credited by the
telecommunications carrier for violations of | 24 |
| basic local exchange service
quality
standards as described in | 25 |
| subsection (d).
The credits shall be applied on the statement | 26 |
| issued to the
customer for the next monthly billing cycle |
|
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| 1 |
| following the violation or
following the discovery of the | 2 |
| violation.
The performance levels established in subsection | 3 |
| (c) are solely for the
purposes
of consumer credits and shall | 4 |
| not be used as performance levels for the
purposes of
assessing | 5 |
| penalties under Section 13-305.
At a minimum, the rules shall
| 6 |
| include the following:
| 7 |
| (1) If a carrier fails to repair an out-of-service | 8 |
| condition for basic
local
exchange service within 30 24 | 9 |
| hours, the carrier shall provide a credit to
the customer. | 10 |
| If the service disruption is for 48 hours or less, the
| 11 |
| credit must be equal to a pro-rata portion of the monthly | 12 |
| recurring charges for
all
local services disrupted. If the | 13 |
| service disruption is for more than 48
hours, but not more | 14 |
| than 72 hours, the credit must be equal to at least
33% of | 15 |
| one month's recurring charges for all local services | 16 |
| disrupted. If the
service disruption is for more than 72 | 17 |
| hours, but not more than 96
hours, the credit must be equal | 18 |
| to at least 67% of one month's
recurring charges for all | 19 |
| local services disrupted. If the service disruption
is for
| 20 |
| more than 96 hours, but not more than 120 hours, the credit | 21 |
| must be equal to
one month's recurring charges for all
| 22 |
| local
services disrupted. For each day or portion thereof | 23 |
| that the service
disruption continues beyond
the initial | 24 |
| 120-hour period, the carrier shall also provide either | 25 |
| alternative
telephone service or
an additional credit of | 26 |
| $20 per day , at the customers option .
|
|
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| (2) If a carrier fails to install basic local exchange | 2 |
| service as required
under subdivision (d)(1),
the carrier | 3 |
| shall waive 50% of
any installation charges, or in the | 4 |
| absence of an installation charge or where
installation is | 5 |
| pursuant to the Link Up
program, the carrier shall provide | 6 |
| a credit of $25. If a carrier fails to
install service | 7 |
| within 10 business days after the service application is
| 8 |
| placed, or fails to install service within 5 business days | 9 |
| after the customer's
requested installation date, if the | 10 |
| requested date was more than 5 business
days after the date | 11 |
| of the order, the carrier shall waive 100% of the
| 12 |
| installation charge, or in the absence of an installation | 13 |
| charge or where
installation is provided pursuant to the | 14 |
| Link Up program, the carrier shall
provide a credit of $50. | 15 |
| For each day that the failure to install service
continues | 16 |
| beyond the initial 10 business days, or beyond 5 business | 17 |
| days after
the customer's requested installation date, if | 18 |
| the requested date was more than
5 business days after the | 19 |
| date of the order, the
carrier shall also provide either | 20 |
| alternative telephone service or an
additional credit of | 21 |
| $20 per day , at the customer's option until service is
| 22 |
| installed.
| 23 |
| (3) If a carrier fails to keep a scheduled repair or | 24 |
| installation
appointment when a customer premises visit | 25 |
| requires a customer to be present,
the carrier shall credit | 26 |
| the customer $50 per missed appointment.
A credit required |
|
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| 1 |
| by this subsection does not apply when the carrier provides
| 2 |
| the customer with 24-hour notice of its inability to keep | 3 |
| the appointment.
| 4 |
| (4) If the violation of a basic local exchange service | 5 |
| quality standard is
caused by a carrier other than the | 6 |
| carrier providing retail
service to the customer, the
| 7 |
| carrier providing retail service to the customer shall | 8 |
| credit the customer as
provided
in this Section. The | 9 |
| carrier causing the violation shall
reimburse the carrier | 10 |
| providing retail service the amount credited the
customer.
| 11 |
| When applicable, an interconnection agreement shall govern | 12 |
| compensation between
the carrier causing the violation, in | 13 |
| whole or in part, and the retail carrier
providing the | 14 |
| credit to the customer.
| 15 |
| (5) (Blank) When alternative telephone service is | 16 |
| appropriate, the customer may
select one of the alternative | 17 |
| telephone services offered by the carrier. The
alternative | 18 |
| telephone service shall be provided at no
cost to the | 19 |
| customer for the provision of local service .
| 20 |
| (6) Credits required by this subsection do not apply if | 21 |
| the violation of a
service
quality standard:
| 22 |
| (i) occurs as a result of a negligent or willful | 23 |
| act on the part of the
customer;
| 24 |
| (ii) occurs as a result of a malfunction of | 25 |
| customer-owned telephone
equipment or inside wiring;
| 26 |
| (iii) occurs as a result of, or is extended by, an |
|
|
|
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| 1 |
| emergency situation
as defined in
Commission rules;
| 2 |
| (iv) is extended by the carrier's inability to gain | 3 |
| access to the
customer's
premises due to the customer | 4 |
| missing an appointment, provided that the
violation is | 5 |
| not further extended by the carrier;
| 6 |
| (v) occurs as a result of a customer request to | 7 |
| change the scheduled
appointment, provided
that the | 8 |
| violation is not further extended by the carrier;
| 9 |
| (vi) occurs as a result of a carrier's right to | 10 |
| refuse service to a
customer as provided in Commission | 11 |
| rules; or
| 12 |
| (vii) occurs as a result of a lack of facilities | 13 |
| where a customer
requests service at a geographically
| 14 |
| remote location, a customer requests service in a | 15 |
| geographic area where the
carrier is not currently | 16 |
| offering service, or there are insufficient facilities
| 17 |
| to meet the customer's request for service, subject to | 18 |
| a carrier's obligation
for reasonable facilities | 19 |
| planning.
| 20 |
| (7) The provisions of this subsection are cumulative | 21 |
| and shall not in any
way
diminish or replace other civil or | 22 |
| administrative remedies available to a
customer
or a class | 23 |
| of customers.
| 24 |
| (f) The rules shall require each telecommunications | 25 |
| carrier to provide to
the Commission, on
a quarterly basis and | 26 |
| in a form suitable for posting on the Commission's
website, a |
|
|
|
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LRB096 21053 AMC 40613 a |
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| 1 |
| public
report that includes performance data for basic local | 2 |
| exchange service quality
of service.
The performance data shall | 3 |
| be disaggregated for each geographic area and each
customer | 4 |
| class of the
State for
which the telecommunications carrier | 5 |
| internally monitored performance data as
of a date
120 days | 6 |
| preceding the effective date of this amendatory Act of the 92nd
| 7 |
| General Assembly. The report shall
include, at
a minimum, | 8 |
| performance data on basic local exchange service | 9 |
| installations,
lines out of
service for more than 24 hours, | 10 |
| carrier response to customer calls, trouble
reports, and
missed | 11 |
| repair and installation commitments.
| 12 |
| (g) The Commission shall establish and implement carrier to | 13 |
| carrier
wholesale service
quality rules and establish remedies | 14 |
| to ensure enforcement of the rules.
| 15 |
| (Source: P.A. 92-22, eff. 6-30-01 .)
| 16 |
| (220 ILCS 5/13-804 new) | 17 |
| (Section scheduled to be repealed on July 1, 2010) | 18 |
| Sec. 13-804. Broadband investment. Increased investment | 19 |
| into broadband infrastructure is critical to the economic | 20 |
| development of this State and a key component to the retention | 21 |
| of existing jobs and the creation of new jobs. The removal of | 22 |
| regulatory uncertainty will attract greater private-sector | 23 |
| investment in broadband infrastructure. Notwithstanding other | 24 |
| provisions of this Article: | 25 |
| (A) the Commission shall have the authority to certify |
|
|
|
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| 1 |
| providers of wireless services, including, but not limited | 2 |
| to, private radio service, public mobile service, or | 3 |
| commercial mobile service, as those terms are defined in 47 | 4 |
| U.S.C. 332 on the effective date of this amendatory Act of | 5 |
| the 96th General Assembly or as amended thereafter, to | 6 |
| provide telecommunications services in Illinois; | 7 |
| (B) the Commission shall have the authority to certify | 8 |
| providers of wireless services, including, but not limited | 9 |
| to, private radio service, public mobile service, or | 10 |
| commercial mobile service, as those terms are defined in 47 | 11 |
| U.S.C. 332 on the effective date of this amendatory Act of | 12 |
| the 96th General Assembly or as amended thereafter, as | 13 |
| eligible telecommunications carriers in Illinois, as that | 14 |
| term has the meaning prescribed in 47 U.S.C. 214 on the | 15 |
| effective date of this amendatory Act of the 96th General | 16 |
| Assembly or as amended thereafter; | 17 |
| (C) the Commission shall have the authority to register | 18 |
| providers of fixed or non-nomadic Interconnected VoIP | 19 |
| service as Interconnected VoIP service providers in | 20 |
| Illinois in accordance with Section 401.1 of this Article; | 21 |
| (D) the Commission shall have the authority to require | 22 |
| providers of Interconnected VoIP service to participate in | 23 |
| universal service support programs and in hearing and | 24 |
| speech disability programs, as those terms are defined in | 25 |
| this Article; and | 26 |
| (E) the Commission shall have the authority to require |
|
|
|
09600HB6425ham002 |
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| 1 |
| certificated telecommunications carriers, registered | 2 |
| Interconnected VoIP providers, and Facilities-based | 3 |
| Providers of Broadband Connections to End User Locations to | 4 |
| provide information pursuant to Section 13-407. | 5 |
| Except to the extent permitted by and consistent with | 6 |
| federal law, the regulations of the Federal Communications | 7 |
| Commission, this Article, or Article XXI or XXII of this Act, | 8 |
| the Commission shall not regulate the rates, terms, conditions, | 9 |
| quality of service, availability, classification, or any other | 10 |
| aspect of service regarding (i) broadband services, (ii) | 11 |
| Internet Protocol enabled services, including Interconnected | 12 |
| VoIP service, (iii) information services, as defined in 47 | 13 |
| U.S.C. 153(20) on the effective date of this amendatory Act of | 14 |
| the 96th General Assembly or as amended thereafter, or (iv) | 15 |
| wireless services, including, but not limited to, private radio | 16 |
| service, public mobile service, or commercial mobile service, | 17 |
| as those terms are defined in 47 U.S.C. 332 on the effective | 18 |
| date of this amendatory Act of the 96th General Assembly or as | 19 |
| amended thereafter. | 20 |
| (220 ILCS 5/13-900.1 new) | 21 |
| (Section scheduled to be repealed on July 1, 2010) | 22 |
| Sec. 13-900.1. Authority over 9-1-1 rates and terms of | 23 |
| service. Notwithstanding any other provision of this Article, | 24 |
| the Commission retains its full authority over the rates and | 25 |
| service quality as they apply to 9-1-1 system providers, |
|
|
|
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|
| 1 |
| including the Commission's existing authority over | 2 |
| interconnection with 9-1-1 system providers and 9-1-1 systems. | 3 |
| The rates, terms, and conditions for 9-1-1 service shall be | 4 |
| tariffed and shall be provided in the manner prescribed by this | 5 |
| Act and shall be subject to the applicable laws, including | 6 |
| rules or regulations adopted and orders issued by the | 7 |
| Commission or the Federal Communications Commission. The | 8 |
| Commission retains this full authority regardless of the | 9 |
| technologies utilized or deployed by 9-1-1 system providers. | 10 |
| (220 ILCS 5/13-900.2 new) | 11 |
| (Section scheduled to be repealed on July 1, 2010) | 12 |
| Sec. 13-900.2. Access services. | 13 |
| (a) This Section shall apply to switched access rates | 14 |
| charged by all carriers other than Electing Providers as | 15 |
| provided in subsection (b) of Section 13-506.2 of this Act. | 16 |
| (b) Except as otherwise provided in subsection (c) of this | 17 |
| Section, the rates of any telecommunications carrier, | 18 |
| including, but not limited to, competitive local exchange | 19 |
| carriers, providing intrastate switched access service shall | 20 |
| be no higher than the carrier's rates for interstate switched | 21 |
| access service. For purposes of this Section, the intrastate | 22 |
| switched access rates of a carrier shall be considered to be no | 23 |
| higher than its interstate switched access rates if the | 24 |
| carrier's intrastate rates are no higher than its interstate | 25 |
| rates within 30 days after the effective date of this |
|
|
|
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LRB096 21053 AMC 40613 a |
|
| 1 |
| amendatory Act of the 96th General Assembly or, in the event a | 2 |
| carrier's interstate switched access rates are reduced, within | 3 |
| one day after the interstate access rate reduction takes | 4 |
| effect. For purposes of this Section, the rate for intrastate | 5 |
| switched access service means the composite, per-minute rate | 6 |
| for that service, including all applicable fixed and | 7 |
| traffic-sensitive charges, including, but not limited to, | 8 |
| carrier common line charges. | 9 |
| (c) Subsection (b) of this Section shall not apply to | 10 |
| incumbent local exchange carriers serving 35,000 or fewer | 11 |
| access lines. | 12 |
| (d) Nothing in subsection (b) of this Section prohibits a | 13 |
| telecommunications carrier from electing to offer intrastate | 14 |
| switched access service at rates lower than its interstate | 15 |
| rates. | 16 |
| (e) The Commission shall have no authority to order a | 17 |
| telecommunications carrier to set its rates for intrastate | 18 |
| switched access at a level lower than its interstate switched | 19 |
| access rates. | 20 |
| (220 ILCS 5/13-1200) | 21 |
| (Section scheduled to be repealed on July 1, 2010) | 22 |
| Sec. 13-1200. Repealer. This Article is repealed July 1, | 23 |
| 2013 2010 . | 24 |
| (Source: P.A. 95-9, eff. 6-30-07; 96-24, eff. 6-30-09.)
|
|
|
|
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|
| 1 |
| (220 ILCS 5/13-402.1 rep.) | 2 |
| (220 ILCS 5/13-408 rep.) | 3 |
| (220 ILCS 5/13-409 rep.) | 4 |
| (220 ILCS 5/13-505.1 rep.) | 5 |
| (220 ILCS 5/13-505.7 rep.) | 6 |
| (220 ILCS 5/13-506 rep.) | 7 |
| (220 ILCS 5/13-511 rep.) | 8 |
| (220 ILCS 5/13-802 rep.) | 9 |
| Section 15. The Public Utilities Act is amended by | 10 |
| repealing Sections 13-402.1, 13-408, 13-409, 13-505.1, | 11 |
| 13-505.7, 13-506, 13-511, and 13-802. | 12 |
| Section 90. Nothing in this amendatory Act of the 96th | 13 |
| General Assembly shall be construed or interpreted to abate, | 14 |
| suspend, alter, or otherwise affect (i) any decision or (ii) | 15 |
| any condition that is rendered by the Illinois Commerce | 16 |
| Commission pursuant to Section 7-204 of the Illinois Public | 17 |
| Utilities Act between April 1, 2010 and July 1, 2010. | 18 |
| Section 99. Effective date. This Act takes effect upon | 19 |
| becoming law.".
|
|