Full Text of SB2072 100th General Assembly
SB2072sam001 100TH GENERAL ASSEMBLY | Sen. Wm. Sam McCann Filed: 5/11/2017
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| 1 | | AMENDMENT TO SENATE BILL 2072
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2072 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Utilities Act is amended by changing | 5 | | Sections 13-506.2 and 13-1200 as follows: | 6 | | (220 ILCS 5/13-506.2) | 7 | | (Section scheduled to be repealed on July 1, 2017) | 8 | | Sec. 13-506.2. Market regulation regulation for | 9 | | competitive retail services. | 10 | | (a) Definitions. As used in this Section: | 11 | | (1) "Electing Provider" means a telecommunications | 12 | | carrier that is subject to either rate regulation pursuant | 13 | | to Section 13-504 or Section 13-505 or alternative | 14 | | regulation pursuant to Section 13-506.1 and that elects to | 15 | | have the rates, terms, and conditions of its competitive | 16 | | retail telecommunications services solely determined and |
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| 1 | | regulated pursuant to the terms of this Article. | 2 | | (2) "Basic local exchange service" means either a | 3 | | stand-alone residence network access line and per-call | 4 | | usage or, for any geographic area in which such stand-alone | 5 | | service is not offered, a stand-alone flat rate residence | 6 | | network access line for which local calls are not charged | 7 | | for frequency or duration. Extended Area Service shall be | 8 | | included in basic local exchange service. | 9 | | (3) "Existing customer" means a residential customer | 10 | | who was subscribing to one of the optional packages | 11 | | described in subsection (d) of this Section as of the | 12 | | effective date of this amendatory Act of the 99th General | 13 | | Assembly. A customer who was subscribing to one of the | 14 | | optional packages on that date but stops subscribing | 15 | | thereafter shall not be considered an "existing customer" | 16 | | as of the date the customer stopped subscribing to the | 17 | | optional package, unless the stoppage is temporary and | 18 | | caused by the customer changing service address locations, | 19 | | or unless the customer resumes subscribing and is eligible | 20 | | to receive discounts on monthly telephone service under the | 21 | | federal Lifeline program, 47 C.F.R. Part 54, Subpart E. | 22 | | (4) "New customer" means a residential customer who was | 23 | | not subscribing to one of the optional packages described | 24 | | in subsection (d) of this Section as of the effective date | 25 | | of this amendatory Act of the 99th General Assembly and who | 26 | | is eligible to receive discounts on monthly telephone |
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| 1 | | service under the federal Lifeline program, 47 C.F.R. Part | 2 | | 54, Subpart E. | 3 | | (b) Election for market regulation.
Notwithstanding any | 4 | | other provision of this Act, an Electing Provider may elect to | 5 | | have the rates, terms, and conditions of its competitive retail | 6 | | telecommunications services solely determined and regulated | 7 | | pursuant to the terms of this Section by filing written notice | 8 | | of its election for market regulation with the Commission. The | 9 | | notice of election shall designate the geographic area of the | 10 | | Electing Provider's service territory where the market | 11 | | regulation shall apply, either on a state-wide basis or in one | 12 | | or more specified Market Service Areas ("MSA") or Exchange | 13 | | areas. An Electing Provider shall not make an election for | 14 | | market regulation under this Section unless it commits in its | 15 | | written notice of election for market regulation to fulfill the | 16 | | conditions and requirements in this Section in each geographic | 17 | | area in which market regulation is elected. Immediately upon | 18 | | filing the notice of election for market regulation, the | 19 | | Electing Provider shall be subject to the jurisdiction of the | 20 | | Commission to the extent expressly provided in this Section. | 21 | | (c) Competitive classification. Market regulation shall be | 22 | | available for competitive retail telecommunications services | 23 | | as provided in this subsection. | 24 | | (1) For geographic areas in which telecommunications | 25 | | services provided by the Electing Provider were classified | 26 | | as competitive either through legislative action or a |
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| 1 | | tariff filing pursuant to Section 13-502 prior to January | 2 | | 1, 2010, and that are included in the Electing Provider's | 3 | | notice of election pursuant to subsection (b) of this | 4 | | Section, such services, and all recurring and nonrecurring | 5 | | charges associated with, related to or used in connection | 6 | | with such services, shall be classified as competitive | 7 | | without further Commission review. For services classified | 8 | | as competitive pursuant to this subsection, the | 9 | | requirements or conditions in any order or decision | 10 | | rendered by the Commission pursuant to Section 13-502 prior | 11 | | to the effective date of this amendatory Act of the 96th | 12 | | General Assembly, except for the commitments made by the | 13 | | Electing Provider in such order or decision concerning the | 14 | | optional packages required in subsection (d) of this | 15 | | Section and basic local exchange service as defined in this | 16 | | Section, shall no longer be in effect and no Commission | 17 | | investigation, review, or proceeding under Section 13-502 | 18 | | shall be continued, conducted, or maintained with respect | 19 | | to such services, charges, requirements, or conditions. If | 20 | | an Electing Provider has ceased providing optional | 21 | | packages to customers pursuant to subdivision (d)(8) of | 22 | | this Section, the commitments made by the Electing Provider | 23 | | in such order or decision concerning the optional packages | 24 | | under subsection (d) of this Section shall no longer be in | 25 | | effect and no Commission investigation, review, or | 26 | | proceeding under Section 13-502 shall be continued, |
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| 1 | | conducted, or maintained with respect to such packages. | 2 | | (2) For those geographic areas in which residential | 3 | | local exchange telecommunications services have not been | 4 | | classified as competitive as of the effective date of this | 5 | | amendatory Act of the 96th General Assembly, all | 6 | | telecommunications services provided to residential and | 7 | | business end users by an Electing Provider in the | 8 | | geographic area that is included in its notice of election | 9 | | pursuant to subsection (b) shall be classified as | 10 | | competitive for purposes of this Article without further | 11 | | Commission review. | 12 | | (3) If an Electing Provider was previously subject to | 13 | | alternative regulation pursuant to Section 13-506.1 of | 14 | | this Article, the alternative regulation plan shall | 15 | | terminate in whole for all services subject to that plan | 16 | | and be of no force or effect, without further Commission | 17 | | review or action, when the Electing Provider's residential | 18 | | local exchange telecommunications service in each MSA in | 19 | | its telecommunications service area in the State has been | 20 | | classified as competitive pursuant to either subdivision | 21 | | (c)(1) or (c)(2) of this Section. | 22 | | (4) The service packages described in Section 13-518 | 23 | | shall be classified as competitive for purposes of this | 24 | | Section if offered by an Electing Provider in a geographic | 25 | | area in which local exchange telecommunications service | 26 | | has been classified as competitive pursuant to either |
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| 1 | | subdivision (c)(1) or (c)(2) of this Section. | 2 | | (5) Where a service, or its functional equivalent, or a | 3 | | substitute service offered by a carrier that is not an | 4 | | Electing Provider or the incumbent local exchange carrier | 5 | | for that area is also being offered by an Electing Provider | 6 | | for some identifiable class or group of customers in an | 7 | | exchange, group of exchanges, or some other clearly defined | 8 | | geographical area, the service offered by a carrier that is | 9 | | not an Electing Provider or the incumbent local exchange | 10 | | carrier for that area shall be classified as competitive | 11 | | without further Commission review. | 12 | | (6) Notwithstanding any other provision of this Act, | 13 | | retail telecommunications services classified as | 14 | | competitive pursuant to Section 13-502 or subdivision | 15 | | (c)(5) of this Section shall have their rates, terms, and | 16 | | conditions solely determined and regulated pursuant to the | 17 | | terms of this Section in the same manner and to the same | 18 | | extent as the competitive retail telecommunications | 19 | | services of an Electing Provider, except that subsections | 20 | | (d), (g), and (j) of this Section shall not apply to a | 21 | | carrier that is not an Electing Provider or to the | 22 | | competitive telecommunications services of a carrier that | 23 | | is not an Electing Provider. The access services of a | 24 | | carrier that is not an Electing Provider shall remain | 25 | | subject to Section 13-900.2. The requirements in | 26 | | subdivision (e)(3) of this Section shall not apply to |
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| 1 | | retail telecommunications services classified as | 2 | | competitive pursuant to Section 13-502 or subdivision | 3 | | (c)(5) of this Section, except that, upon request from the | 4 | | Commission, the telecommunications carrier providing | 5 | | competitive retail telecommunications services shall | 6 | | provide a report showing the number of credits and | 7 | | exemptions for the requested time period. | 8 | | (d) Consumer choice safe harbor options. | 9 | | (1) Subject to subdivision (d)(8) of this Section, an | 10 | | Electing Provider in each of the MSA or Exchange areas | 11 | | classified as competitive pursuant to subdivision (c)(1) | 12 | | or (c)(2) of this Section shall offer to all residential | 13 | | customers who choose to subscribe the following optional | 14 | | packages of services priced at the same rate levels in | 15 | | effect on January 1, 2010: | 16 | | (A) A basic package, which shall consist of a | 17 | | stand-alone residential network access line and 30 | 18 | | local calls. If the Electing Provider offers a | 19 | | stand-alone residential access line and local usage on | 20 | | a per call basis, the price for the basic package shall | 21 | | be the Electing Provider's applicable price in effect | 22 | | on January 1, 2010 for the sum of a residential access | 23 | | line and 30 local calls, additional calls over 30 calls | 24 | | shall be provided at the current per call rate. | 25 | | However, this basic package is not required if | 26 | | stand-alone residential network access lines or |
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| 1 | | per-call local usage are not offered by the Electing | 2 | | Provider in the geographic area on January 1, 2010 or | 3 | | if the Electing Provider has not increased its | 4 | | stand-alone network access line and local usage rates, | 5 | | including Extended Area Service rates, since January | 6 | | 1, 2010. | 7 | | (B) An extra package, which shall consist of | 8 | | residential basic local exchange network access line | 9 | | and unlimited local calls. The price for the extra | 10 | | package shall be the Electing Provider's applicable | 11 | | price in effect on January 1, 2010 for a residential | 12 | | access line with unlimited local calls. | 13 | | (C) A plus package, which shall consist of | 14 | | residential basic local exchange network access line, | 15 | | unlimited local calls, and the customer's choice of 2 | 16 | | vertical services offered by the Electing Provider. | 17 | | The term "vertical services" as used in this | 18 | | subsection, includes, but is not limited to, call | 19 | | waiting, call forwarding, 3-way calling, caller ID, | 20 | | call tracing, automatic callback, repeat dialing, and | 21 | | voicemail. The price for the plus package shall be the | 22 | | Electing Provider's applicable price in effect on | 23 | | January 1, 2010 for the sum of a residential access | 24 | | line with unlimited local calls and 2 times the average | 25 | | price for the vertical features included in the | 26 | | package. |
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| 1 | | (2) Subject to subdivision (d)(8) of this Section, for | 2 | | those geographic areas in which local exchange | 3 | | telecommunications services were classified as competitive | 4 | | on the effective date of this amendatory Act of the 96th | 5 | | General Assembly, an Electing Provider in each such MSA or | 6 | | Exchange area shall be subject to the same terms and | 7 | | conditions as provided in commitments made by the Electing | 8 | | Provider in connection with such previous competitive | 9 | | classifications, which shall apply with equal force under | 10 | | this Section, except as follows: (i) the limits on price | 11 | | increases on the optional packages required by this Section | 12 | | shall be extended consistent with subsection (d)(1) of this | 13 | | Section and (ii) the price for the extra package required | 14 | | by subsection (d)(1)(B) shall be reduced by one dollar from | 15 | | the price in effect on January 1, 2010. In addition, if an | 16 | | Electing Provider obtains a competitive classification | 17 | | pursuant to subsection (c)(1) and (c)(2), the price for the | 18 | | optional packages shall be determined in such area in | 19 | | compliance with subsection (d)(1), except the price for the | 20 | | plus package required by subsection (d)(1) (C) shall be the | 21 | | lower of the price for such area or the price of the plus | 22 | | package in effect on January 1, 2010 for areas classified | 23 | | as competitive pursuant to subsection (c)(1). | 24 | | (3) To the extent that the requirements in Section | 25 | | 13-518 applied to a telecommunications carrier prior to the | 26 | | effective date of this Section and that telecommunications |
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| 1 | | carrier becomes an Electing Provider in accordance with the | 2 | | provisions of this Section, the requirements in Section | 3 | | 13-518 shall cease to apply to that Electing Provider in | 4 | | those geographic areas included in the Electing Provider's | 5 | | notice of election pursuant to subsection (b) of this | 6 | | Section. | 7 | | (4) Subject to subdivision (d)(8) of this Section, an | 8 | | Electing Provider shall make the optional packages | 9 | | required by this subsection and stand-alone residential | 10 | | network access lines and local usage, where offered, | 11 | | readily available to the public by providing information, | 12 | | in a clear manner, to residential customers. Information | 13 | | shall be made available on a website, and an Electing | 14 | | Provider shall provide notification to its customers every | 15 | | 6 months, provided that notification may consist of a bill | 16 | | page message that provides an objective description of the | 17 | | safe harbor options that includes a telephone number and | 18 | | website address where the customer may obtain additional | 19 | | information about the packages from the Electing Provider. | 20 | | The optional packages shall be offered on a monthly basis | 21 | | with no term of service requirement. An Electing Provider | 22 | | shall allow online electronic ordering of the optional | 23 | | packages and stand-alone residential network access lines | 24 | | and local usage, where offered, on its website in a manner | 25 | | similar to the online electronic ordering of its other | 26 | | residential services. |
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| 1 | | (5) Subject to subdivision (d)(8) of this Section, an | 2 | | Electing Provider shall comply with the Commission's | 3 | | existing rules, regulations, and notices in Title 83, Part | 4 | | 735 of the Illinois Administrative Code when offering or | 5 | | providing the optional packages required by this | 6 | | subsection (d) and stand-alone residential network access | 7 | | lines. | 8 | | (6) Subject to subdivision (d)(8) of this Section, an | 9 | | Electing Provider shall provide to the Commission | 10 | | semi-annual subscribership reports as of June 30 and | 11 | | December 31 that contain the number of its customers | 12 | | subscribing to each of the consumer choice safe harbor | 13 | | packages required by subsection (d)(1) of this Section and | 14 | | the number of its customers subscribing to retail | 15 | | residential basic local exchange service as defined in | 16 | | subsection (a)(2) of this Section. The first semi-annual | 17 | | reports shall be made on April 1, 2011 for December 31, | 18 | | 2010, and on September 1, 2011 for June 30, 2011, and | 19 | | semi-annually on April 1 and September 1 thereafter. Such | 20 | | subscribership information shall be accorded confidential | 21 | | and proprietary treatment upon request by the Electing | 22 | | Provider. | 23 | | (7) The Commission shall have the power, after notice | 24 | | and hearing as provided in this Article, upon complaint or | 25 | | upon its own motion, to take corrective action if the | 26 | | requirements of this Section are not complied with by an |
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| 1 | | Electing Provider. | 2 | | (8) On and after the effective date of this amendatory | 3 | | Act of the 99th General Assembly, an Electing Provider | 4 | | shall continue to offer and provide the optional packages | 5 | | described in this subsection (d) to existing customers and | 6 | | new customers. On and after July 1, 2017, an Electing | 7 | | Provider may immediately stop offering the optional | 8 | | packages described in this subsection (d) and, upon | 9 | | providing two notices to affected customers and to the | 10 | | Commission, may stop providing the optional packages | 11 | | described in this subsection (d) to all customers who | 12 | | subscribe to one of the optional packages. The first notice | 13 | | shall be provided at least 90 days before the date upon | 14 | | which the Electing Provider intends to stop providing the | 15 | | optional packages, and the second notice must be provided | 16 | | at least 30 days before that date. The first notice shall | 17 | | not be provided prior to July 1, 2017. Each notice must | 18 | | identify the date on which the Electing Provider intends to | 19 | | stop providing the optional packages, at least one | 20 | | alternative service available to the customer, and a | 21 | | telephone number by which the customer may contact a | 22 | | service representative of the Electing Provider. After | 23 | | July 1, 2017 with respect to new customers, and upon the | 24 | | expiration of the second notice period with respect to | 25 | | customers who were subscribing to one of the optional | 26 | | packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5), |
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| 1 | | (d)(6), and (d)(7) of this Section shall not apply to the | 2 | | Electing Provider. Notwithstanding any other provision of | 3 | | this Article, an Electing Provider that has ceased | 4 | | providing the optional packages under this subdivision | 5 | | (d)(8) is not subject to Section 13-301(1)(c) of this Act. | 6 | | Notwithstanding any other provision of this Act, and | 7 | | subject to subdivision (d)(7) of this Section, the | 8 | | Commission's authority over the discontinuance of the | 9 | | optional packages described in this subsection (d) by an | 10 | | Electing Provider shall be governed solely by this | 11 | | subsection (d)(8). | 12 | | (e) Service quality and customer credits for basic local | 13 | | exchange service. | 14 | | (1) An Electing Provider shall meet the following | 15 | | service quality standards in providing basic local | 16 | | exchange service, which for purposes of this subsection | 17 | | (e), includes both basic local exchange service and any | 18 | | consumer choice safe harbor options that may be required by | 19 | | subsection (d) of this Section. | 20 | | (A) Install basic local exchange service within 5 | 21 | | business days after receipt of an order from the | 22 | | customer unless the customer requests an installation | 23 | | date that is beyond 5 business days after placing the | 24 | | order for basic service and to inform the customer of | 25 | | the Electing Provider's duty to install service within | 26 | | this timeframe. If installation of service is |
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| 1 | | requested on or by a date more than 5 business days in | 2 | | the future, the Electing Provider shall install | 3 | | service by the date requested. | 4 | | (B) Restore basic local exchange service for the | 5 | | customer within 30 hours after receiving notice that | 6 | | the customer is out of service. | 7 | | (C) Keep all repair and installation appointments | 8 | | for basic local exchange service if a customer premises | 9 | | visit requires a customer to be present. The | 10 | | appointment window shall be either a specific time or, | 11 | | at a maximum, a 4-hour time block during evening, | 12 | | weekend, and normal business hours. | 13 | | (D) Inform a customer when a repair or installation | 14 | | appointment requires the customer to be present. | 15 | | (2) Customers shall be credited by the Electing | 16 | | Provider for violations of basic local exchange service | 17 | | quality standards described in subdivision (e)(1) of this | 18 | | Section. The credits shall be applied automatically on the | 19 | | statement issued to the customer for the next monthly | 20 | | billing cycle following the violation or following the | 21 | | discovery of the violation. The next monthly billing cycle | 22 | | following the violation or the discovery of the violation | 23 | | means the billing cycle immediately following the billing | 24 | | cycle in process at the time of the violation or discovery | 25 | | of the violation, provided the total time between the | 26 | | violation or discovery of the violation and the issuance of |
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| 1 | | the credit shall not exceed 60 calendar days. The Electing | 2 | | Provider is responsible for providing the credits and the | 3 | | customer is under no obligation to request such credits. | 4 | | The following credits shall apply: | 5 | | (A) If an Electing Provider fails to repair an | 6 | | out-of-service condition for basic local exchange | 7 | | service within 30 hours, the Electing Provider shall | 8 | | provide a credit to the customer. If the service | 9 | | disruption is for more than 30 hours, but not more than | 10 | | 48 hours, the credit must be equal to a pro-rata | 11 | | portion of the monthly recurring charges for all basic | 12 | | local exchange services disrupted. If the service | 13 | | disruption is for more than 48 hours, but not more than | 14 | | 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 | 17 | | 72 hours, but not more than 96 hours, the credit must | 18 | | be equal to at least 67% of one month's recurring | 19 | | charges for all basic local exchange services | 20 | | disrupted. If the service disruption is for more than | 21 | | 96 hours, but not more than 120 hours, the credit must | 22 | | be equal to one month's recurring charges for all basic | 23 | | local exchange services disrupted. For each day or | 24 | | portion thereof that the service disruption continues | 25 | | beyond the initial 120-hour period, the Electing | 26 | | Provider shall also provide an additional credit of $20 |
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| 1 | | per calendar day. | 2 | | (B) If an Electing Provider fails to install basic | 3 | | local exchange service as required under subdivision | 4 | | (e)(1) of this Section, the Electing Provider shall | 5 | | waive 50% of any installation charges, or in the | 6 | | absence of an installation charge or where | 7 | | installation is pursuant to the Link Up program, the | 8 | | Electing Provider shall provide a credit of $25. If an | 9 | | Electing Provider fails to install service within 10 | 10 | | business days after the service application is placed, | 11 | | or fails to install service within 5 business days | 12 | | after the customer's requested installation date, if | 13 | | the requested date was more than 5 business days after | 14 | | the date of the order, the Electing Provider shall | 15 | | waive 100% of the installation charge, or in the | 16 | | absence of an installation charge or where | 17 | | installation is provided pursuant to the Link Up | 18 | | program, the Electing Provider shall provide a credit | 19 | | of $50. For each day that the failure to install | 20 | | service continues beyond the initial 10 business days, | 21 | | or beyond 5 business days after the customer's | 22 | | requested installation date, if the requested date was | 23 | | more than 5 business days after the date of the order, | 24 | | the Electing Provider shall also provide an additional | 25 | | credit of $20 per calendar day until the basic local | 26 | | exchange service is installed. |
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| 1 | | (C) If an Electing Provider fails to keep a | 2 | | scheduled repair or installation appointment when a | 3 | | customer premises visit requires a customer to be | 4 | | present as required under subdivision (e)(1) of this | 5 | | Section, the Electing Provider shall credit the | 6 | | customer $25 per missed appointment. A credit required | 7 | | by this subdivision does not apply when the Electing | 8 | | Provider provides the customer notice of its inability | 9 | | to keep the appointment no later than 8:00 pm of the | 10 | | day prior to the scheduled date of the appointment. | 11 | | (D) Credits required by this subsection do not | 12 | | apply if the violation of a service quality standard: | 13 | | (i) occurs as a result of a negligent or | 14 | | willful act on the part of the customer; | 15 | | (ii) occurs as a result of a malfunction of | 16 | | customer-owned telephone equipment or inside | 17 | | wiring; | 18 | | (iii) occurs as a result of, or is extended by, | 19 | | an emergency situation as defined in 83 Ill. Adm. | 20 | | Code 732.10; | 21 | | (iv) is extended by the Electing Provider's | 22 | | inability to gain access to the customer's | 23 | | premises due to the customer missing an | 24 | | appointment, provided that the violation is not | 25 | | further extended by the Electing Provider; | 26 | | (v) occurs as a result of a customer request to |
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| 1 | | change the scheduled appointment, provided that | 2 | | the violation is not further extended by the | 3 | | Electing Provider; | 4 | | (vi) occurs as a result of an Electing | 5 | | Provider's right to refuse service to a customer as | 6 | | provided in Commission rules; or | 7 | | (vii) occurs as a result of a lack of | 8 | | facilities where a customer requests service at a | 9 | | geographically remote location, where a customer | 10 | | requests service in a geographic area where the | 11 | | Electing Provider is not currently offering | 12 | | service, or where there are insufficient | 13 | | facilities to meet the customer's request for | 14 | | service, subject to an Electing Provider's | 15 | | obligation for reasonable facilities planning. | 16 | | (3) Each Electing Provider shall provide to the | 17 | | Commission on a quarterly basis and in a form suitable for | 18 | | posting on the Commission's website in conformance with the | 19 | | rules adopted by the Commission and in effect on April 1, | 20 | | 2010, a public report that includes the following data for | 21 | | basic local exchange service quality of service: | 22 | | (A) With regard to credits due in accordance with | 23 | | subdivision (e)(2)(A) as a result of out-of-service | 24 | | conditions lasting more than 30 hours: | 25 | | (i) the total dollar amount of any customer | 26 | | credits paid; |
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| 1 | | (ii) the number of credits issued for repairs | 2 | | between 30 and 48 hours; | 3 | | (iii) the number of credits issued for repairs | 4 | | between 49 and 72 hours; | 5 | | (iv) the number of credits issued for repairs | 6 | | between 73 and 96 hours; | 7 | | (v) the number of credits used for repairs | 8 | | between 97 and 120 hours; | 9 | | (vi) the number of credits issued for repairs | 10 | | greater than 120 hours; and | 11 | | (vii) the number of exemptions claimed for | 12 | | each of the categories identified in subdivision | 13 | | (e)(2)(D). | 14 | | (B) With regard to credits due in accordance with | 15 | | subdivision (e)(2)(B) as a result of failure to install | 16 | | basic local exchange service: | 17 | | (i) the total dollar amount of any customer | 18 | | credits paid; | 19 | | (ii) the number of installations after 5 | 20 | | business days; | 21 | | (iii) the number of installations after 10 | 22 | | business days; | 23 | | (iv) the number of installations after 11 | 24 | | business days; and | 25 | | (v) the number of exemptions claimed for each | 26 | | of the categories identified in subdivision |
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| 1 | | (e)(2)(D). | 2 | | (C) With regard to credits due in accordance with | 3 | | subdivision (e)(2)(C) as a result of missed | 4 | | appointments: | 5 | | (i) the total dollar amount of any customer | 6 | | credits paid; | 7 | | (ii) the number of any customers receiving | 8 | | credits; and | 9 | | (iii) the number of exemptions claimed for | 10 | | each of the categories identified in subdivision | 11 | | (e)(2)(D). | 12 | | (D) The Electing Provider's annual report required | 13 | | by this subsection shall also include, for | 14 | | informational reporting, the performance data | 15 | | described in subdivisions (e)(2)(A), (e)(2)(B), and | 16 | | (e)(2)(C), and trouble reports per 100 access lines | 17 | | calculated using the Commission's existing applicable | 18 | | rules and regulations for such measures, including the | 19 | | requirements for service standards established in this | 20 | | Section. | 21 | | (4) It is the intent of the General Assembly that the | 22 | | service quality rules and customer credits in this | 23 | | subsection (e) of this Section and other enforcement | 24 | | mechanisms, including fines and penalties authorized by | 25 | | Section 13-305, shall apply on a nondiscriminatory basis to | 26 | | all Electing Providers. Accordingly, notwithstanding any |
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| 1 | | provision of any service quality rules promulgated by the | 2 | | Commission, any alternative regulation plan adopted by the | 3 | | Commission, or any other order of the Commission, any | 4 | | Electing Provider that is subject to any other order of the | 5 | | Commission and that violates or fails to comply with the | 6 | | service quality standards promulgated pursuant to this | 7 | | subsection (e) or any other order of the Commission shall | 8 | | not be subject to any fines, penalties, customer credits, | 9 | | or enforcement mechanisms other than such fines or | 10 | | penalties or customer credits as may be imposed by the | 11 | | Commission in accordance with the provisions of this | 12 | | subsection (e) and Section 13-305, which are to be | 13 | | generally applicable to all Electing Providers. The amount | 14 | | of any fines or penalties imposed by the Commission for | 15 | | failure to comply with the requirements of this subsection | 16 | | (e) shall be an appropriate amount, taking into account, at | 17 | | a minimum, the Electing Provider's gross annual intrastate | 18 | | revenue; the frequency, duration, and recurrence of the | 19 | | violation; and the relative harm caused to the affected | 20 | | customers or other users of the network. In imposing fines | 21 | | and penalties, the Commission shall take into account | 22 | | compensation or credits paid by the Electing Provider to | 23 | | its customers pursuant to this subsection (e) in | 24 | | compensation for any violation found pursuant to this | 25 | | subsection (e), and in any event the fine or penalty shall | 26 | | not exceed an amount equal to the maximum amount of a civil |
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| 1 | | penalty that may be imposed under Section 13-305. | 2 | | (5) An Electing Provider in each of the MSA or Exchange | 3 | | areas classified as competitive pursuant to subsection (c) | 4 | | of this Section shall fulfill the requirements in | 5 | | subdivision (e)(3) of this Section for 3 years after its | 6 | | notice of election becomes effective. After such 3 years, | 7 | | the requirements in subdivision (e)(3) of this Section | 8 | | shall not apply to such Electing Provider, except that, | 9 | | upon request from the Commission, the Electing Provider | 10 | | shall provide a report showing the number of credits and | 11 | | exemptions for the requested time period. | 12 | | (e-5) In addition to the provisions of subsection (e), an | 13 | | Electing Provider that has at any time been subject to | 14 | | Condition One of the order issued by the Commission on April | 15 | | 21, 2010 in Docket 09-0268 shall be subject to the provisions | 16 | | of Title 83 of Parts 730 and 732 of the Illinois Administrative | 17 | | Code. | 18 | | (f) Commission jurisdiction over competitive retail | 19 | | telecommunications services. Except as otherwise expressly | 20 | | stated in this Section, the Commission shall thereafter have no | 21 | | jurisdiction 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 (b) of this Section or of a | 25 | | retail telecommunications service classified as competitive | 26 | | pursuant to Section 13-502 or subdivision (c)(5) of this |
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| 1 | | Section, heretofore subject to the jurisdiction of the | 2 | | Commission, including but not limited to, any requirements of | 3 | | this Article related to the terms, conditions, rates, quality | 4 | | of service, availability, classification or any other aspect of | 5 | | any competitive retail telecommunications services. No | 6 | | telecommunications carrier shall commit any unfair or | 7 | | deceptive act or practice in connection with any aspect of the | 8 | | offering or provision of any competitive retail | 9 | | telecommunications service. Nothing in this Article shall | 10 | | limit or affect any provisions in the Consumer Fraud and | 11 | | Deceptive Business Practices Act with respect to any unfair or | 12 | | deceptive act or practice by a telecommunications carrier. | 13 | | (g) Commission authority over access services upon | 14 | | election for market regulation. | 15 | | (1) As part of its Notice of Election for Market | 16 | | Regulation, the Electing Provider shall reduce its | 17 | | intrastate switched access rates to rates no higher than | 18 | | its interstate switched access rates in 4 installments. The | 19 | | first reduction must be made 30 days after submission of | 20 | | its complete application for Notice of Election for Market | 21 | | Regulation, and the Electing Provider must reduce its | 22 | | intrastate switched access rates by an amount equal to 33% | 23 | | of the difference between its current intrastate switched | 24 | | access rates and its current interstate switched access | 25 | | rates. The second reduction must be made no later than one | 26 | | year after the first reduction, and the Electing Provider |
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| 1 | | must reduce its then current intrastate switched access | 2 | | rates by an amount equal to 41% of the difference between | 3 | | its then current intrastate switched access rates and its | 4 | | then current interstate switched access rates. The third | 5 | | reduction must be made no later than one year after the | 6 | | second reduction, and the Electing Provider must reduce its | 7 | | then current intrastate switched access rates by an amount | 8 | | equal to 50% of the difference between its then current | 9 | | intrastate switched access rate and its then current | 10 | | interstate switched access rates. The fourth reduction | 11 | | must be made on or before June 30, 2013, and the Electing | 12 | | Provider must reduce its intrastate switched access rate to | 13 | | mirror its then current interstate switched access rates | 14 | | and rate structure. Following the fourth reduction, each | 15 | | Electing Provider must continue to set its intrastate | 16 | | switched access rates to mirror its interstate switched | 17 | | access rates and rate structure. For purposes of this | 18 | | subsection, the rate for intrastate switched access | 19 | | service means the composite, per-minute rate for that | 20 | | service, including all applicable fixed and | 21 | | traffic-sensitive charges, including, but not limited to, | 22 | | carrier common line charges. | 23 | | (2) Nothing in paragraph (1) of this subsection (g) | 24 | | prohibits an Electing Provider from electing to offer | 25 | | intrastate switched access service at rates lower than its | 26 | | interstate switched access rates. |
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| 1 | | (3) The Commission shall have no authority to order an | 2 | | Electing Provider to set its rates for intrastate switched | 3 | | access at a level lower than its interstate switched access | 4 | | rates. | 5 | | (4) The Commission's authority under this subsection | 6 | | (g) shall only apply to Electing Providers under Market | 7 | | Regulation. The Commission's authority over switched | 8 | | access services for all other carriers is retained under | 9 | | Section 13-900.2 of this Act. | 10 | | (h) Safety of service equipment and facilities. | 11 | | (1) An Electing Provider shall furnish, provide, and | 12 | | maintain such service instrumentalities, equipment, and | 13 | | facilities as shall promote the safety, health, comfort, | 14 | | and convenience of its patrons, employees, and public and | 15 | | as shall be in all respects adequate, reliable, and | 16 | | efficient without discrimination or delay. Every Electing | 17 | | Provider shall provide service and facilities that are in | 18 | | all respects environmentally safe. | 19 | | (2) The Commission is authorized to conduct an | 20 | | investigation of any Electing Provider or part thereof. The | 21 | | investigation may examine the reasonableness, prudence, or | 22 | | efficiency of any aspect of the Electing Provider's | 23 | | operations or functions that may affect the adequacy, | 24 | | safety, efficiency, or reliability of telecommunications | 25 | | service. The Commission may conduct or order an | 26 | | investigation only when it has reasonable grounds to |
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| 1 | | believe that the investigation is necessary to assure that | 2 | | the Electing Provider is providing adequate, efficient, | 3 | | reliable, and safe service. The Commission shall, before | 4 | | initiating any such investigation, issue an order | 5 | | describing the grounds for the investigation and the | 6 | | appropriate scope and nature of the investigation, which | 7 | | shall be reasonably related to the grounds relied upon by | 8 | | the Commission in its order. | 9 | | (i) (Blank). | 10 | | (j) Application of Article VII. The provisions of Sections | 11 | | 7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are | 12 | | applicable to an Electing Provider offering or providing retail | 13 | | telecommunications service, and the Commission's regulation | 14 | | thereof, except that (1) the approval of contracts and | 15 | | arrangements with affiliated interests required by paragraph | 16 | | (3) of Section 7-101 shall not apply to such telecommunications | 17 | | carriers provided that, except as provided in item (2), those | 18 | | contracts and arrangements shall be filed with the Commission; | 19 | | (2) affiliated interest contracts or arrangements entered into | 20 | | by such telecommunications carriers where the increased | 21 | | obligation thereunder does not exceed the lesser of $5,000,000 | 22 | | or 5% of such carrier's prior annual revenue from | 23 | | noncompetitive services are not required to be filed with the | 24 | | Commission; and (3) any consent and approval of the Commission | 25 | | required by Section 7-102 is not required for the sale, lease, | 26 | | assignment, or transfer by any Electing Provider of any |
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| 1 | | property that is not necessary or useful in the performance of | 2 | | its duties to the public. | 3 | | (k) Notwithstanding other provisions of this Section, the | 4 | | Commission retains its existing authority to enforce the | 5 | | provisions, conditions, and requirements of the following | 6 | | Sections of this Article: 13-101, 13-103, 13-201, 13-301, | 7 | | 13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, | 8 | | 13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, | 9 | | 13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503, | 10 | | 13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, | 11 | | 13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, | 12 | | 13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, | 13 | | 13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully | 14 | | and equally applicable to Electing Providers and to | 15 | | telecommunications carriers providing retail | 16 | | telecommunications service classified as competitive pursuant | 17 | | to Section 13-502 or subdivision (c)(5) of this Section subject | 18 | | to the provisions of this Section. On the effective date of | 19 | | this amendatory Act of the 98th General Assembly, the following | 20 | | Sections of this Article shall cease to apply to Electing | 21 | | Providers and to telecommunications carriers providing retail | 22 | | telecommunications service classified as competitive pursuant | 23 | | to Section 13-502 or subdivision (c)(5) of this Section: | 24 | | 13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2, | 25 | | 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507, | 26 | | 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701, |
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| 1 | | and 13-712.
| 2 | | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.) | 3 | | (220 ILCS 5/13-1200) | 4 | | (Section scheduled to be repealed on July 1, 2017) | 5 | | Sec. 13-1200. Repealer. This Article is repealed July 1, | 6 | | 2020 2017 . | 7 | | (Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)".
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