Illinois General Assembly - Full Text of HB2380
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Full Text of HB2380  102nd General Assembly

HB2380ham003 102ND GENERAL ASSEMBLY

Rep. Lawrence Walsh, Jr.

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2380

2    AMENDMENT NO. ______. Amend House Bill 2380, on page 1,
3line 5, by replacing "and 21-1601" with "21-1601, and 22-501";
4and
 
5on page 11, immediately below line 13, by inserting the
6following:
 
7    "(220 ILCS 5/22-501)
8    Sec. 22-501. Customer service and privacy protection. All
9cable or video providers in this State shall comply with the
10following customer service requirements and privacy
11protections. The provisions of this Act shall not apply to an
12incumbent cable operator prior to January 1, 2008. For
13purposes of this paragraph, an incumbent cable operator means
14a person or entity that provided cable services in a
15particular area under a franchise agreement with a local unit
16of government pursuant to Section 11-42-11 of the Illinois

 

 

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1Municipal Code or Section 5-1095 of the Counties Code on
2January 1, 2007. A master antenna television, satellite master
3antenna television, direct broadcast satellite, multipoint
4distribution service, and other provider of video programming
5shall only be subject to the provisions of this Article to the
6extent permitted by federal law.
7    The following definitions apply to the terms used in this
8Article:
9    "Basic cable or video service" means any service offering
10or tier that includes the retransmission of local television
11broadcast signals.
12    "Cable or video provider" means any person or entity
13providing cable service or video service pursuant to
14authorization under (i) the Cable and Video Competition Law of
152007; (ii) Section 11-42-11 of the Illinois Municipal Code;
16(iii) Section 5-1095 of the Counties Code; or (iv) a master
17antenna television, satellite master antenna television,
18direct broadcast satellite, multipoint distribution services,
19and other providers of video programming, whatever their
20technology. A cable or video provider shall not include a
21landlord providing only broadcast video programming to a
22single-family home or other residential dwelling consisting of
234 units or less.
24    "Franchise" has the same meaning as found in 47 U.S.C.
25522(9).
26    "Local unit of government" means a city, village,

 

 

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1incorporated town, or a county.
2    "Normal business hours" means those hours during which
3most similar businesses in the geographic area of the local
4unit of government are open to serve customers. In all cases,
5"normal business hours" must include some evening hours at
6least one night per week or some weekend hours.
7    "Normal operating conditions" means those service
8conditions that are within the control of cable or video
9providers. Those conditions that are not within the control of
10cable or video providers include, but are not limited to,
11natural disasters, civil disturbances, power outages,
12telephone network outages, and severe or unusual weather
13conditions. Those conditions that are ordinarily within the
14control of cable or video providers include, but are not
15limited to, special promotions, pay-per-view events, rate
16increases, regular peak or seasonal demand periods, and
17maintenance or upgrade of the cable service or video service
18network.
19    "Service interruption" means the loss of picture or sound
20on one or more cable service or video service on one or more
21cable or video channels.
22    "Service line drop" means the point of connection between
23a premises and the cable or video network that enables the
24premises to receive cable service or video service.
25    (a) General customer service standards:
26        (1) Cable or video providers shall establish general

 

 

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1    standards related to customer service, which shall
2    include, but not be limited to, installation,
3    disconnection, service and repair obligations; appointment
4    hours and employee ID requirements; customer service
5    telephone numbers and hours; procedures for billing,
6    charges, deposits, refunds, and credits; procedures for
7    termination of service; notice of deletion of programming
8    service; changes related to transmission of programming;
9    changes or increases in rates; the use and availability of
10    parental control or lock-out devices; the use and
11    availability of an A/B switch if applicable; complaint
12    procedures and procedures for bill dispute resolution; a
13    description of the rights and remedies available to
14    consumers if the cable or video provider does not
15    materially meet its customer service standards; and
16    special services for customers with visual, hearing, or
17    mobility disabilities.
18        (2) Cable or video providers' rates for each level of
19    service, rules, regulations, and policies related to its
20    cable service or video service described in paragraph (1)
21    of this subsection (a) must be made available to the
22    public and displayed clearly and conspicuously on the
23    cable or video provider's site on the Internet. If a
24    promotional price or a price for a specified period of
25    time is offered, the cable or video provider shall display
26    the price at the end of the promotional period or

 

 

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1    specified period of time clearly and conspicuously with
2    the display of the promotional price or price for a
3    specified period of time. The cable or video provider
4    shall provide this information upon request.
5        (3) Cable or video providers shall provide notice
6    concerning their general customer service standards to all
7    customers. This notice shall be offered when service is
8    first activated and upon request thereafter. The
9    information in the notice shall also be available on the
10    cable or video providers' websites and shall include all
11    of the information specified in paragraph (1) of this
12    subsection (a), as well as the following: a listing of
13    services offered by the cable or video providers, which
14    shall clearly describe programming for all services and
15    all levels of service; the rates for all services and
16    levels of service; a telephone number through which
17    customers may subscribe to, change, or terminate service,
18    request customer service, or seek general or billing
19    information; instructions on the use of the cable or video
20    services; and a description of rights and remedies that
21    the cable or video providers shall make available to their
22    customers if they do not materially meet the general
23    customer service standards described in this Act.
24    (b) General customer service obligations:
25        (1) Cable or video providers shall render reasonably
26    efficient service, promptly make repairs, and interrupt

 

 

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1    service only as necessary and for good cause, during
2    periods of minimum use of the system and for no more than
3    24 hours.
4        (2) All service representatives or any other person
5    who contacts customers or potential customers on behalf of
6    the cable or video provider shall have a visible
7    identification card with their name and photograph and
8    shall orally identify themselves upon first contact with
9    the customer. Customer service representatives shall
10    orally identify themselves to callers immediately
11    following the greeting during each telephone contact with
12    the public.
13        (3) The cable or video providers shall: (i) maintain a
14    customer service facility within the boundaries of a local
15    unit of government staffed by customer service
16    representatives that have the capacity to accept payment,
17    adjust bills, and respond to repair, installation,
18    reconnection, disconnection, or other service calls and
19    distribute or receive converter boxes, remote control
20    units, digital stereo units, or other equipment related to
21    the provision of cable or video service; (ii) provide
22    customers with bill payment facilities through retail,
23    financial, or other commercial institutions located within
24    the boundaries of a local unit of government; (iii)
25    provide an address, toll-free telephone number or
26    electronic address to accept bill payments and

 

 

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1    correspondence and provide secure collection boxes for the
2    receipt of bill payments and the return of equipment,
3    provided that if a cable or video provider provides secure
4    collection boxes, it shall provide a printed receipt when
5    items are deposited; or (iv) provide an address, toll-free
6    telephone number, or electronic address to accept bill
7    payments and correspondence and provide a method for
8    customers to return equipment to the cable or video
9    provider at no cost to the customer.
10        (4) In each contact with a customer, the service
11    representatives or any other person who contacts customers
12    or potential customers on behalf of the cable or video
13    provider shall state the estimated cost of the service,
14    repair, or installation orally prior to delivery of the
15    service or before any work is performed, shall provide the
16    customer with an oral statement of the total charges
17    before terminating the telephone call or other contact in
18    which a service is ordered, whether in-person or over the
19    Internet, and shall provide a written statement of the
20    total charges before leaving the location at which the
21    work was performed. In the event that the cost of service
22    is a promotional price or is for a limited period of time,
23    the cost of service at the end of the promotion or limited
24    period of time shall be disclosed.
25        (5) Cable or video providers shall provide customers a
26    minimum of 30 days' written notice before increasing rates

 

 

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1    or eliminating transmission of programming and shall
2    submit the notice of any rate increase to the local unit of
3    government in advance of distribution to customers,
4    provided that the cable or video provider is not in
5    violation of this provision if the elimination of
6    transmission of programming was outside the control of the
7    provider, in which case the provider shall use reasonable
8    efforts to provide as much notice as possible, and any
9    rate decrease related to the elimination of transmission
10    of programming shall be applied to the date of the change.
11        (6) Cable or video providers shall provide clear
12    visual and audio reception that meets or exceeds
13    applicable Federal Communications Commission technical
14    standards. If a customer experiences poor video or audio
15    reception due to the equipment of the cable or video
16    provider, the cable or video provider shall promptly
17    repair the problem at its own expense.
18    (c) Bills, payment, and termination:
19        (1) Cable or video providers shall render monthly
20    bills that are clear, accurate, and understandable.
21        (2) Every residential customer who pays bills directly
22    to the cable or video provider shall have at least 28 days
23    from the date of the bill to pay the listed charges.
24        (3) Customer payments shall be posted promptly. When
25    the payment is sent by United States mail, payment is
26    considered paid on the date it is postmarked.

 

 

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1        (4) Cable or video providers may not terminate
2    residential service for nonpayment of a bill unless the
3    cable or video provider furnishes notice of the
4    delinquency and impending termination at least 15 days
5    prior to the proposed termination. Notice of proposed
6    termination shall be provided in electronic format or
7    mailed, postage prepaid, to the customer to whom service
8    is billed. Notice of proposed termination shall not be
9    delivered or mailed until the 24th day after the date of
10    the bill for services. Notice of delinquency and impending
11    termination may be part of a billing statement only if the
12    notice is designed to be conspicuous. The cable or video
13    providers may not assess a late fee prior to the 24th day
14    after the date of the bill for service.
15        (5) Every notice of impending termination shall
16    include all of the following: the name and address of
17    customer; the amount of the delinquency; the date on which
18    payment is required to avoid termination; and the
19    telephone number of the cable or video provider's service
20    representative to make payment arrangements and to provide
21    additional information about the charges for failure to
22    return equipment and for reconnection, if any.
23        (6) Service may only be terminated on days when the
24    customer is able to reach a service representative of the
25    cable or video providers, either in person or by
26    telephone.

 

 

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1        (7) Any service terminated by a cable or video
2    provider without good cause shall be restored without any
3    reconnection fee, charge, or penalty; good cause for
4    termination includes, but is not limited to, failure to
5    pay a bill by the date specified in the notice of impending
6    termination, payment by check for which there are
7    insufficient funds, theft of service, abuse of equipment
8    or personnel, or other similar subscriber actions.
9        (8) Cable or video providers shall cease charging a
10    customer for any or all services within one business day
11    after it receives a request to immediately terminate
12    service or on the day requested by the customer if such a
13    date is at least 5 days from the date requested by the
14    customer. Nothing in this subsection (c) shall prohibit
15    the provider from billing for charges that the customer
16    incurs prior to the date of termination. Cable or video
17    providers shall issue a credit no later than the
18    customer's next billing cycle following the determination
19    that a credit is warranted. Cable or video providers shall
20    issue a refund or return a deposit promptly, but not later
21    than either the customer's next billing cycle following
22    resolution of the request or 30 days, whichever is
23    earlier, or the return of equipment, if any, whichever is
24    later.
25        (9) The customers or subscribers of a cable or video
26    provider shall be allowed to disconnect their service at

 

 

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1    any time within the first 30 days after subscribing to or
2    upgrading the service. Within this 30-day period, cable or
3    video providers shall not charge or impose any fees or
4    penalties on the customer for disconnecting service,
5    including, but not limited to, any installation charge or
6    the imposition of an early termination charge, except the
7    cable or video provider may impose a charge or fee to
8    offset any rebates or credits received by the customer and
9    may impose monthly service or maintenance charges,
10    including pay-per-view and premium services charges,
11    during such 30-day period.
12    (d) Response to customer inquiries:
13        (1) Cable or video providers will maintain a toll-free
14    telephone access line that is available to customers 24
15    hours a day, 7 days a week to accept calls regarding
16    installation, termination, service, and complaints.
17    Trained, knowledgeable, qualified service representatives
18    of the cable or video providers will be available to
19    respond to customer telephone inquiries during normal
20    business hours. Customer service representatives shall be
21    able to provide credit, waive fees, schedule appointments,
22    and change billing cycles. Any difficulties that cannot be
23    resolved by the customer service representatives shall be
24    referred to a supervisor who shall make his or her best
25    efforts to resolve the issue immediately. If the
26    supervisor does not resolve the issue to the customer's

 

 

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1    satisfaction, the customer shall be informed of the cable
2    or video provider's complaint procedures and procedures
3    for billing dispute resolution and given a description of
4    the rights and remedies available to customers to enforce
5    the terms of this Article, including the customer's rights
6    to have the complaint reviewed by the local unit of
7    government, to request mediation, and to review in a court
8    of competent jurisdiction.
9        (2) After normal business hours, the access line may
10    be answered by a service or an automated response system,
11    including an answering machine. Inquiries received by
12    telephone or e-mail after normal business hours shall be
13    responded to by a trained service representative on the
14    next business day. The cable or video provider shall
15    respond to a written billing inquiry within 10 days of
16    receipt of the inquiry.
17        (3) Cable or video providers shall provide customers
18    seeking non-standard installations with a total
19    installation cost estimate and an estimated date of
20    completion. The actual charge to the customer shall not
21    exceed the estimated cost without the written consent of
22    the customer.
23        (4) If the cable or video provider receives notice
24    that an unsafe condition exists with respect to its
25    equipment, it shall investigate such condition immediately
26    and shall take such measures as are necessary to remove or

 

 

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1    eliminate the unsafe condition. The cable or video
2    provider shall inform the local unit of government
3    promptly, but no later than 2 hours after it receives
4    notification of an unsafe condition that it has not
5    remedied.
6        (5) Under normal operating conditions, telephone
7    answer time by the cable or video provider's customer
8    representative, including wait time, shall not exceed 30
9    seconds when the connection is made. If the call needs to
10    be transferred, transfer time shall not exceed 30 seconds.
11    These standards shall be met no less than 90% of the time
12    under normal operating conditions, measured on a quarterly
13    basis. The cable or video provider shall not be required
14    to acquire equipment or perform surveys to measure
15    compliance with these telephone answering standards unless
16    an historical record of complaints indicates a clear
17    failure to comply.
18        (6) Under normal operating conditions, the cable or
19    video provider's customers will receive a busy signal less
20    than 3% of the time.
21    (e) Under normal operating conditions, each of the
22following standards related to installations, outages, and
23service calls will be met no less than 95% of the time measured
24on a quarterly basis:
25        (1) Standard installations will be performed within 7
26    business days after an order has been placed. "Standard"

 

 

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1    installations are those that are located up to 125 feet
2    from the existing distribution system.
3        (2) Excluding conditions beyond the control of the
4    cable or video providers, the cable or video providers
5    will begin working on "service interruptions" promptly and
6    in no event later than 24 hours after the interruption is
7    reported by the customer or otherwise becomes known to the
8    cable or video providers. Cable or video providers must
9    begin actions to correct other service problems the next
10    business day after notification of the service problem and
11    correct the problem.
12        (3) The "appointment window" alternatives for
13    installations, service calls, and other installation
14    activities will be either a specific time or, at a
15    maximum, a 4-hour time block during evening, weekend, and
16    normal business hours. The cable or video provider may
17    schedule service calls and other installation activities
18    outside of these hours for the express convenience of the
19    customer.
20        (4) Cable or video providers may not cancel an
21    appointment with a customer after the close of business on
22    the business day prior to the scheduled appointment. If
23    the cable or video provider's representative is running
24    late for an appointment with a customer and will not be
25    able to keep the appointment as scheduled, the customer
26    will be contacted. The appointment will be rescheduled, as

 

 

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1    necessary, at a time that is convenient for the customer,
2    even if the rescheduled appointment is not within normal
3    business hours.
4    (f) Public benefit obligation:
5        (1) All cable or video providers offering service
6    pursuant to the Cable and Video Competition Law of 2007,
7    the Illinois Municipal Code, or the Counties Code shall
8    provide a free service line drop and free basic service to
9    all current and future public buildings within their
10    footprint, including, but not limited to, all local unit
11    of government buildings, public libraries, and public
12    primary and secondary schools, whether owned or leased by
13    that local unit of government ("eligible buildings"). Such
14    service shall be used in a manner consistent with the
15    government purpose for the eligible building and shall not
16    be resold.
17        (2) This obligation only applies to those cable or
18    video service providers whose cable service or video
19    service systems pass eligible buildings and its cable or
20    video service is generally available to residential
21    subscribers in the same local unit of government in which
22    the eligible building is located. The burden of providing
23    such service at each eligible building shall be shared by
24    all cable and video providers whose systems pass the
25    eligible buildings in an equitable and competitively
26    neutral manner, and nothing herein shall require

 

 

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1    duplicative installations by more than one cable or video
2    provider at each eligible building. Cable or video
3    providers operating in a local unit of government shall
4    meet as necessary and determine who will provide service
5    to eligible buildings under this subsection (f). If the
6    cable or video providers are unable to reach an agreement,
7    they shall meet with the local unit of government, which
8    shall determine which cable or video providers will serve
9    each eligible building. The local unit of government shall
10    bear the costs of any inside wiring or video equipment
11    costs not ordinarily provided as part of the cable or
12    video provider's basic offering.
13    (g) After the cable or video providers have offered
14service for one year, the cable or video providers shall make
15an annual report to the Commission, to the local unit of
16government, and to the Attorney General that it is meeting the
17standards specified in this Article, identifying the number of
18complaints it received over the prior year in the State and
19specifying the number of complaints related to each of the
20following: (1) billing, charges, refunds, and credits; (2)
21installation or termination of service; (3) quality of service
22and repair; (4) programming; and (5) miscellaneous complaints
23that do not fall within these categories.
24    (h) To the extent consistent with federal law, cable or
25video providers shall offer the lowest-cost basic cable or
26video service as a stand-alone service to residential

 

 

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1customers at reasonable rates. Cable or video providers shall
2not require the subscription to any service other than the
3lowest-cost basic service or to any telecommunications or
4information service, as a condition of access to cable or
5video service, including programming offered on a per channel
6or per program basis. Cable or video providers shall not
7discriminate between subscribers to the lowest-cost basic
8service, subscribers to other cable services or video
9services, and other subscribers with regard to the rates
10charged for cable or video programming offered on a per
11channel or per program basis.
12    (i) To the extent consistent with federal law, cable or
13video providers shall ensure that charges for changes in the
14subscriber's selection of services or equipment shall be based
15on the cost of such change and shall not exceed nominal amounts
16when the system's configuration permits changes in service
17tier selection to be effected solely by coded entry on a
18computer terminal or by other similarly simple method.
19    (j) To the extent consistent with federal law, cable or
20video providers shall have a rate structure for the provision
21of cable or video service that is uniform throughout the area
22within the boundaries of the local unit of government. This
23subsection (j) is not intended to prohibit bulk discounts to
24multiple dwelling units or to prohibit reasonable discounts to
25senior citizens or other economically disadvantaged groups.
26    (k) To the extent consistent with federal law, cable or

 

 

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1video providers shall not charge a subscriber for any service
2or equipment that the subscriber has not affirmatively
3requested or affirmatively agreed to by name. For purposes of
4this subsection (k), a subscriber's failure to refuse a cable
5or video provider's proposal to provide service or equipment
6shall not be deemed to be an affirmative request for such
7service or equipment.
8    (l) No contract or service agreement containing an early
9termination clause offering residential cable or video
10services or any bundle including such services shall be for a
11term longer than 2 years. Any contract or service offering
12with a term of service that contains an early termination fee
13shall limit the early termination fee to not more than the
14value of any additional goods or services provided with the
15cable or video services, the amount of the discount reflected
16in the price for cable services or video services for the
17period during which the consumer benefited from the discount,
18or a declining fee based on the remainder of the contract term.
19    (m) Cable or video providers shall not discriminate in the
20provision of services for the hearing and visually impaired,
21and shall comply with the accessibility requirements of 47
22U.S.C. 613. Cable or video providers shall deliver and pick-up
23or provide customers with pre-paid shipping and packaging for
24the return of converters and other necessary equipment at the
25home of customers with disabilities. Cable or video providers
26shall provide free use of a converter or remote control unit to

 

 

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1mobility impaired customers.
2    (n)(1) To the extent consistent with federal law, cable or
3video providers shall comply with the provisions of 47 U.S.C.
4532(h) and (j). The cable or video providers shall not
5exercise any editorial control over any video programming
6provided pursuant to this Section, or in any other way
7consider the content of such programming, except that a cable
8or video provider may refuse to transmit any leased access
9program or portion of a leased access program that contains
10obscenity, indecency, or nudity and may consider such content
11to the minimum extent necessary to establish a reasonable
12price for the commercial use of designated channel capacity by
13an unaffiliated person. This subsection (n) shall permit cable
14or video providers to enforce prospectively a written and
15published policy of prohibiting programming that the cable or
16video provider reasonably believes describes or depicts sexual
17or excretory activities or organs in a patently offensive
18manner as measured by contemporary community standards.
19        (2) Upon customer request, the cable or video provider
20    shall, without charge, fully scramble or otherwise fully
21    block the audio and video programming of each channel
22    carrying such programming so that a person who is not a
23    subscriber does not receive the channel or programming.
24        (3) In providing sexually explicit adult programming
25    or other programming that is indecent on any channel of
26    its service primarily dedicated to sexually oriented

 

 

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1    programming, the cable or video provider shall fully
2    scramble or otherwise fully block the video and audio
3    portion of such channel so that a person who is not a
4    subscriber to such channel or programming does not receive
5    it.
6        (4) Scramble means to rearrange the content of the
7    signal of the programming so that the programming cannot
8    be viewed or heard in an understandable manner.
9    (o) Cable or video providers will maintain a listing,
10specific to the level of street address, of the areas where its
11cable or video services are available. Customers who inquire
12about purchasing cable or video service shall be informed
13about whether the cable or video provider's cable or video
14services are currently available to them at their specific
15location.
16    (p) Cable or video providers shall not disclose the name,
17address, telephone number or other personally identifying
18information of a cable service or video service customer to be
19used in mailing lists or to be used for other commercial
20purposes not reasonably related to the conduct of its business
21unless the cable or video provider has provided to the
22customer a notice, separately or included in any other
23customer service notice, that clearly and conspicuously
24describes the customer's ability to prohibit the disclosure.
25Cable or video providers shall provide an address and
26telephone number for a customer to use without a toll charge to

 

 

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1prevent disclosure of the customer's name and address in
2mailing lists or for other commercial purposes not reasonably
3related to the conduct of its business to other businesses or
4affiliates of the cable or video provider. Cable or video
5providers shall comply with the consumer privacy requirements
6of Section 26-4.5 of the Criminal Code of 2012, the Restricted
7Call Registry Act, and 47 U.S.C. 551 that are in effect as of
8June 30, 2007 (the effective date of Public Act 95-9) and as
9amended thereafter.
10    (q) Cable or video providers shall implement an informal
11process for handling inquiries from local units of government
12and customers concerning billing issues, service issues,
13privacy concerns, and other consumer complaints. In the event
14that an issue is not resolved through this informal process, a
15local unit of government or the customer may request
16nonbinding mediation with the cable or video provider, with
17each party to bear its own costs of such mediation. Selection
18of the mediator will be by mutual agreement, and preference
19will be given to mediation services that do not charge the
20consumer for their services. In the event that the informal
21process does not produce a satisfactory result to the customer
22or the local unit of government, enforcement may be pursued as
23provided in subdivision (4) of subsection (r) of this Section.
24    (r) The Attorney General and the local unit of government
25may enforce all of the customer service and privacy protection
26standards of this Section with respect to complaints received

 

 

10200HB2380ham003- 22 -LRB102 02861 AMC 25695 a

1from residents within the local unit of government's
2jurisdiction, but it may not adopt or seek to enforce any
3additional or different customer service or performance
4standards under any other authority or provision of law.
5        (1) The local unit of government may, by ordinance,
6    provide a schedule of penalties for any material breach of
7    this Section by cable or video providers in addition to
8    the penalties provided herein. No monetary penalties shall
9    be assessed for a material breach if it is out of the
10    reasonable control of the cable or video providers or its
11    affiliate. Monetary penalties adopted in an ordinance
12    pursuant to this Section shall apply on a competitively
13    neutral basis to all providers of cable service or video
14    service within the local unit of government's
15    jurisdiction. In no event shall the penalties imposed
16    under this subsection (r) exceed $750 for each day of the
17    material breach, and these penalties shall not exceed
18    $25,000 for each occurrence of a material breach per
19    customer.
20        (2) For purposes of this Section, "material breach"
21    means any substantial failure of a cable or video service
22    provider to comply with service quality and other
23    standards specified in any provision of this Act. The
24    Attorney General or the local unit of government shall
25    give the cable or video provider written notice of any
26    alleged material breaches of this Act and allow such

 

 

10200HB2380ham003- 23 -LRB102 02861 AMC 25695 a

1    provider at least 30 days from receipt of the notice to
2    remedy the specified material breach.
3        (3) A material breach, for the purposes of assessing
4    penalties, shall be deemed to have occurred for each day
5    that a material breach has not been remedied by the cable
6    service or video service provider after the expiration of
7    the period specified in subdivision (2) of this subsection
8    (r) in each local unit of government's jurisdiction,
9    irrespective of the number of customers affected.
10        (4) Any customer, the Attorney General, or a local
11    unit of government may pursue alleged violations of this
12    Act by the cable or video provider in a court of competent
13    jurisdiction. A cable or video provider may seek judicial
14    review of a decision of a local unit of government
15    imposing penalties in a court of competent jurisdiction.
16    No local unit of government shall be subject to suit for
17    damages or other relief based upon its action in
18    connection with its enforcement or review of any of the
19    terms, conditions, and rights contained in this Act except
20    a court may require the return of any penalty it finds was
21    not properly assessed or imposed.
22    (s) Cable or video providers shall credit customers for
23violations in the amounts stated herein. The credits shall be
24applied on the statement issued to the customer for the next
25monthly billing cycle following the violation or following the
26discovery of the violation. Cable or video providers are

 

 

10200HB2380ham003- 24 -LRB102 02861 AMC 25695 a

1responsible for providing the credits described herein and the
2customer is under no obligation to request the credit. If the
3customer is no longer taking service from the cable or video
4provider, the credit amount will be refunded to the customer
5by check within 30 days of the termination of service. A local
6unit of government may, by ordinance, adopt a schedule of
7credits payable directly to customers for breach of the
8customer service standards and obligations contained in this
9Article, provided the schedule of customer credits applies on
10a competitively neutral basis to all providers of cable
11service or video service in the local unit of government's
12jurisdiction and the credits are not greater than the credits
13provided in this Section.
14        (1) Failure to keep an appointment or to notify the
15    customer prior to the close of business on the business
16    day prior to the scheduled appointment: $25.00.
17        (2) Violation of customer service and billing
18    standards in subsections (c) and (d) of this Section:
19    $25.00 per occurrence.
20        (3) Violation of the bundling rules in subsection (h)
21    of this Section: $25.00 per month.
22    (t) The enforcement powers granted to the Attorney General
23in Article XXI of this Act shall apply to this Article, except
24that the Attorney General may not seek penalties for violation
25of this Article other than in the amounts specified herein.
26Nothing in this Section shall limit or affect the powers of the

 

 

10200HB2380ham003- 25 -LRB102 02861 AMC 25695 a

1Attorney General to enforce the provisions of Article XXI of
2this Act or the Consumer Fraud and Deceptive Business
3Practices Act.
4    (u) This Article applies to all cable and video providers
5in the State, including but not limited to those operating
6under a local franchise as that term is used in 47 U.S.C.
7522(9), those operating under authorization pursuant to
8Section 11-42-11 of the Illinois Municipal Code, those
9operating under authorization pursuant to Section 5-1095 of
10the Counties Code, and those operating under a State-issued
11authorization pursuant to Article XXI of this Act.
12(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
1398-45, eff. 6-28-13.)".