Full Text of SB1700 94th General Assembly
SB1700eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning regulation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Public Utilities Act is amended by changing | 5 |
| Sections 13-100, 13-101, 13-102, 13-103, 13-202.5, 13-203, | 6 |
| 13-204, 13-205, 13-209, 13-214, 13-216, 13-301, 13-305, | 7 |
| 13-401, 13-403, 13-406, 13-407, 13-501, 13-502, 13-504, | 8 |
| 13-505, 13-506, 13-506.1, 13-509, 13-514, 13-515, 13-517, | 9 |
| 13-701, 13-712, 13-801, and 13-1200 and by adding Sections | 10 |
| 13-100.5, 13-203.1, 13-203.2, 13-203.3, 13-203.4, 13-203.5, | 11 |
| 13-203.6, 13-204.5, 13-400, 13-518.1, and 13-804 as follows:
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| (220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)
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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-100. This Article shall be known and may be cited | 15 |
| as the Telecommunications Reform Act of 2005
Universal | 16 |
| Telephone Service Protection Law of 1985 .
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| (Source: P.A. 84-1063 .)
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| (220 ILCS 5/13-100.5 new)
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| Sec. 13-100.5. References to former law. References in | 20 |
| this Act or any other law, rule, regulation, or other document | 21 |
| to the Universal Telephone Service Protection Law of 1985 are | 22 |
| references to the Telecommunications Reform Act of 2005. The | 23 |
| Sections of this Act pertaining to public utilities, public | 24 |
| utility rates and services, and the regulation thereof, shall | 25 |
| not apply to public mobile services.
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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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-101. Application of Act to telecommunications | 29 |
| rates and
services. Except to the extent modified or | 30 |
| supplemented by the
specific provisions of this Article, the |
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| Sections of this Act pertaining to
public utilities, public | 2 |
| utility rates and services, and the regulation
thereof, are | 3 |
| fully and equally applicable to noncompetitive
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| telecommunications rates and services, and the regulation | 5 |
| thereof, except
where the context clearly renders such | 6 |
| provisions inapplicable. Except to
the extent modified or | 7 |
| supplemented by the specific provisions of this
Article, | 8 |
| Articles I through V, Sections
8-301, 8-505,
9-221, 9-222,
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| 9-222.1,
9-222.2, 9-250, and 9-252.1, and Article
Articles X | 10 |
| and XI of this Act
are fully and equally applicable to
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| competitive telecommunications rates and
services, and the | 12 |
| regulation
thereof ; in addition, as to competitive | 13 |
| telecommunications rates and
services, and the regulation | 14 |
| thereof, all rules and regulations
made by a telecommunications | 15 |
| carrier affecting or pertaining to its
charges or service to | 16 |
| the public shall be just and reasonable ,
provided that nothing | 17 |
| in this Section shall be construed to prevent
a | 18 |
| telecommunications carrier from accepting payment
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| electronically or by the use of a customer-preferred | 20 |
| financially
accredited credit or debit methodology.
Sections | 21 |
| 8-305, 8-401, 8-502, and 8-507 of this Act apply to the | 22 |
| price-capped telecommunications services of an incumbent local | 23 |
| exchange carrier. As of the effective date of this amendatory | 24 |
| Act of the 92nd General
Assembly,
Sections 4-202, 4-203,
and
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| 5-202 of this Act shall cease to apply to telecommunications | 26 |
| rates and
services.
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| (Source: P.A. 92-22, eff. 6-30-01.)
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| (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-102. Findings. With respect to telecommunications | 31 |
| services, as
herein defined, and the communications | 32 |
| environment that now exists in the State of Illinois, the | 33 |
| General Assembly finds that:
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| (a) universally available and widely affordable | 35 |
| telecommunications
services are essential to the health, |
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| welfare and prosperity of all Illinois
citizens;
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| (b)
federal regulatory and judicial rulings in the 1980s | 3 |
| caused a
restructuring of the telecommunications industry and | 4 |
| opened some
aspects of the industry to competitive entry, | 5 |
| thereby necessitating
revision of State telecommunications | 6 |
| regulatory policies and practices;
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| (c)
revisions in telecommunications regulatory policies | 8 |
| and practices in
Illinois beginning in the mid-1980s brought | 9 |
| the benefits of competition to
consumers in many | 10 |
| telecommunications markets, but not in local exchange
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| telecommunications service markets;
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| (d)
the federal Telecommunications Act of 1996 established | 13 |
| the goal of
opening all telecommunications service markets to | 14 |
| competition and
accords to the states certain responsibilities
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| the responsibility to establish and enforce
policies necessary | 16 |
| to attain that goal;
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| (e)
it is in the immediate interest of the People of the | 18 |
| State of Illinois
for the State to exercise its rights within | 19 |
| the new framework of federal
telecommunications policy to | 20 |
| ensure that the economic benefits of competition
in all | 21 |
| telecommunications service markets are realized as
effectively | 22 |
| as possible;
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| (e-5) since the passage of the federal Telecommunications | 24 |
| Act of 1996, national telecommunications policy has reaffirmed | 25 |
| the increased benefits of a pro-competitive de-regulatory | 26 |
| framework that provides incentives for both incumbent carriers | 27 |
| and new entrants to accelerate rapidly private sector | 28 |
| investment in advanced telecommunications and information | 29 |
| technologies in a manner that best allows for innovation and | 30 |
| sustainable facilities-based competition; | 31 |
| (e-10) significant changes in the communications industry, | 32 |
| both among incumbent telecommunications providers and by the | 33 |
| entry of new entrants, have brought the benefits of competition | 34 |
| to consumers and businesses in Illinois; | 35 |
| (e-15) advancements in and the convergence of technologies | 36 |
| that provide voice, video, and data transmission, including |
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| landline, wireless, cable, satellite, and Internet | 2 |
| transmissions involving Internet Protocol enabled services | 3 |
| (including voice, video, and data), are substantially | 4 |
| increasing consumer choice, reinventing the communications | 5 |
| industry and marketplace with unprecedented speed, and making | 6 |
| available highly competitive products and services and new | 7 |
| methods of delivering all forms of communications services; | 8 |
| (e-20) there is now significant communications competition | 9 |
| in Illinois and a continuing convergence of multiple | 10 |
| technologies, including facilities-based telecommunications | 11 |
| services, cable telephony services, wireless services, | 12 |
| advanced information services, high speed broadband transport | 13 |
| services, and Internet Protocol enabled voice, video and data | 14 |
| services;
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| (f) the continued competitive offering of all | 16 |
| telecommunications services
will increase innovation and | 17 |
| efficiency in the provision of
telecommunications services and | 18 |
| may lead to reduced prices for consumers, a wider choice of | 19 |
| services,
increased investment in communications | 20 |
| infrastructure, the creation of new
jobs, and the attraction of | 21 |
| new businesses to Illinois; and
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| (g) protection of the public interest requires changes in | 23 |
| the regulation of
telecommunications carriers and services | 24 |
| consistent with the competitive environment and convergence of | 25 |
| technologies
to ensure, to the maximum feasible
extent, the | 26 |
| reasonable and timely development of effective competition in | 27 |
| all
telecommunications service markets .
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| (Source: P.A. 90-185, eff. 7-23-97 .)
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| (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-103. Policy. Consistent with its findings, the | 32 |
| General Assembly
declares that it is the policy of the State of | 33 |
| Illinois that:
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| (a) telecommunications services should be
available to all | 35 |
| Illinois
citizens at just, reasonable, and affordable rates , |
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| provisioned over a well-maintained and reliable | 2 |
| telecommunications infrastructure system, and that such | 3 |
| services
should be provided as widely and economically as | 4 |
| possible in sufficient
variety, quality, quantity and | 5 |
| reliability to satisfy the public interest;
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| (b) consistent with the protection of consumers of
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| telecommunications services and the furtherance of other | 8 |
| public interest
goals, competition in all telecommunications | 9 |
| service markets exists and should be
pursued as a
substitute | 10 |
| for regulation in determining the variety, quality and price
of | 11 |
| telecommunications services and that the economic burdens of | 12 |
| regulation
should be reduced to the extent possible consistent | 13 |
| with the furtherance of
market competition and protection of | 14 |
| the
public interest;
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| (b-5) given the global nature of the telecommunications | 16 |
| marketplace, it is critical that the State of Illinois | 17 |
| establish and exercise its telecommunications policy within | 18 |
| the framework of federal telecommunications policy to ensure | 19 |
| that the economic benefits of competition in all communications | 20 |
| markets are maintained and enhanced;
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| (c) all necessary and appropriate modifications to State | 22 |
| regulation of
telecommunications carriers and services should | 23 |
| be implemented without
unnecessary disruption to the | 24 |
| telecommunications
infrastructure
system or to consumers of
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| telecommunications services and that it is necessary and | 26 |
| appropriate to
establish rules to encourage and ensure orderly
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| transitions in the development of markets for all
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| telecommunications services;
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| (d) the consumers of telecommunications services and | 30 |
| facilities provided
by persons or companies subject to | 31 |
| regulation pursuant to this Act and Article
should be required | 32 |
| to pay only reasonable and non-discriminatory rates or
charges | 33 |
| and that in no case should rates or charges for non-competitive
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| telecommunications services include any portion of the cost of | 35 |
| providing
competitive telecommunications services, as defined | 36 |
| in Section 13-209, or
the cost of any nonregulated activities;
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| (d-5) consumers of telecommunications services will | 2 |
| benefit from marketplace pricing flexibility, which is | 3 |
| designed to provide consumers with more services, more choice | 4 |
| and new innovations at lower overall prices and increased | 5 |
| value;
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| (e) the regulatory policies and procedures provided in this | 7 |
| Article are
established in recognition of the changing nature | 8 |
| of the communications
telecommunications
industry and | 9 |
| therefore telecommunications should be subject to systematic | 10 |
| legislative review to
ensure that the public benefits intended | 11 |
| to result from such policies and
procedures are fully realized; | 12 |
| and
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| (f) development of and prudent investment in advanced
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| telecommunications services and networks that foster economic | 15 |
| development
of the State
should be encouraged through the | 16 |
| implementation and enforcement of policies
that promote | 17 |
| effective and sustained competition in all
telecommunications | 18 |
| service markets.
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| (Source: P.A. 90-185, eff. 7-23-97 .)
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| (220 ILCS 5/13-202.5)
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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-202.5. Incumbent local exchange carrier. | 23 |
| "Incumbent local
exchange carrier" means, with respect to an | 24 |
| area, the telecommunications
carrier that
provided | 25 |
| noncompetitive local exchange telecommunications service in | 26 |
| that
area on
February 8, 1996, and on that date was deemed a | 27 |
| member of the exchange
carrier
association pursuant to 47 | 28 |
| C.F.R. 69.601(b), and includes its successors or ,
assigns , and
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| affiliates .
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| (Source: P.A. 92-22, eff. 6-30-01.)
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| (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-203. Telecommunications service.
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| "Telecommunications service"
means the offering of |
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| telecommunications for a fee directly to the public, or to such | 2 |
| classes of users as to be effectively available directly to the | 3 |
| public, regardless of the facilities used.
the provision or | 4 |
| offering for rent, sale or lease, or in exchange for
other | 5 |
| value received, of the transmittal of information, by means of
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| electromagnetic, including light, transmission with or without | 7 |
| benefit of
any closed transmission medium, including all | 8 |
| instrumentalities,
facilities, apparatus, and services | 9 |
| (including the collection, storage,
forwarding, switching, and | 10 |
| delivery of such information) used to provide
such transmission | 11 |
| and also includes access and interconnection arrangements
and | 12 |
| services.
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| "Telecommunications service" does not include, however:
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| (a) the rent, sale, or lease, or exchange for other value | 15 |
| received, of
customer premises equipment except for customer | 16 |
| premises equipment owned or
provided by a telecommunications | 17 |
| carrier and used for answering 911 calls,
and except for | 18 |
| customer premises equipment provided under Section 13-703;
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| (b) telephone or telecommunications answering services, paging | 20 |
| services,
and physical pickup and delivery incidental to the | 21 |
| provision of information
transmitted through electromagnetic, | 22 |
| including light, transmission;
(c) community antenna | 23 |
| television service which is operated to perform
for hire the | 24 |
| service of receiving and distributing video and audio program
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| signals by wire, cable or other means to members of the public | 26 |
| who
subscribe to such service, to the extent that such service | 27 |
| is utilized
solely for the one-way distribution of such | 28 |
| entertainment services with no
more than incidental subscriber | 29 |
| interaction required for the selection of
such entertainment | 30 |
| service.
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| The Commission may, by rulemaking, exclude (1) private line | 32 |
| service which
is not directly or indirectly used for the | 33 |
| origination or termination of
switched telecommunications | 34 |
| service, (2) cellular radio service, (3)
high-speed | 35 |
| point-to-point data transmission at or above 9.6 kilobits, or
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| (4) the provision of telecommunications service by a company or |
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| person
otherwise subject to Section 13-202 (c) to a | 2 |
| telecommunications carrier,
which is incidental to the | 3 |
| provision of service subject to Section 13-202 (c),
from active | 4 |
| regulatory oversight to the extent it finds, after notice, | 5 |
| hearing
and comment that such exclusion is consistent with the | 6 |
| public interest and
the purposes and policies of this Article. | 7 |
| To the extent that the
Commission has excluded cellular radio | 8 |
| service from active regulatory
oversight for any provider of | 9 |
| cellular radio service in this State pursuant
to this Section, | 10 |
| the Commission shall exclude all other providers of
cellular | 11 |
| radio service in the State from active regulatory oversight
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| without an additional rulemaking proceeding where there are 2 | 13 |
| or more
certified providers of cellular radio service in a | 14 |
| geographic area.
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| (Source: P.A. 90-185, eff. 7-23-97 .)
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| (220 ILCS 5/13-203.1 new)
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| Sec. 13-203.1. "Telecommunications" means the | 18 |
| transmission, between or among points specified by the user, of | 19 |
| information of the user's choosing, without change in the form | 20 |
| or content of the information as sent and received. | 21 |
| (220 ILCS 5/13-203.2 new)
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| Sec. 13-203.2. "Advanced service" means high speed, | 23 |
| switched, broadband, wireline telecommunications capability | 24 |
| that enables end users to originate and receive high-quality | 25 |
| voice, data, graphics or video telecommunications using any | 26 |
| technology. | 27 |
| (220 ILCS 5/13-203.3 new)
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| Sec. 13-203.3. "Broadband service" means lines (or | 29 |
| wireless channels) that terminate at an end user location, | 30 |
| connect the end user to the Internet, and carry information at | 31 |
| the end user location at information transfer rates exceeding | 32 |
| 200 kilobits per second ("kbps") in at least one direction. |
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| (220 ILCS 5/13-203.4 new)
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| Sec. 13-203.4. "Information service" means the offering of | 3 |
| a capability for generating, acquiring, storing, transforming, | 4 |
| processing, retrieving, utilizing, or making available | 5 |
| information via telecommunications, and includes electronic | 6 |
| publishing, but does not include any use of any such capability | 7 |
| for the management, control, or operation of a | 8 |
| telecommunications system or the management of a | 9 |
| telecommunications service. | 10 |
| (220 ILCS 5/13-203.5 new)
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| Sec. 13-203.5. "Internet protocol ("IP") enabled service" | 12 |
| means services and applications relying on the Internet | 13 |
| Protocol family, including the digital communications | 14 |
| capabilities of increasingly higher speeds, which use a number | 15 |
| of transmission network technologies, and which generally have | 16 |
| in common the use of the Internet protocol. | 17 |
| (220 ILCS 5/13-203.6 new)
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| Sec. 13-203.6. "Customer premises equipment" means | 19 |
| equipment employed on the premises of a person (other than a | 20 |
| carrier) to originate, route, or terminate telecommunications.
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| (220 ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204)
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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-204. "Local Exchange Telecommunications Service" | 24 |
| means
telecommunications service between points within an | 25 |
| exchange, as defined in
Section 13-206, or the provision of | 26 |
| telecommunications service for the
origination or termination | 27 |
| of switched telecommunications services , but does not include | 28 |
| public mobile services .
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| (Source: P.A. 84-1063 .)
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| (220 ILCS 5/13-204.5 new)
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| Sec. 13-204.5. "Intrastate switched access service" means | 32 |
| access to the switched network of a telecommunications carrier |
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| for the purpose of originating or terminating communications | 2 |
| between points within the State of Illinois.
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| (220 ILCS 5/13-205) (from Ch. 111 2/3, par. 13-205)
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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-205. "Interexchange Telecommunications Service" | 6 |
| means
telecommunications service between points in two or more | 7 |
| exchanges , but does not include public mobile services .
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| (Source: P.A. 84-1063 .)
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| (220 ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209)
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| (Section scheduled to be repealed on July 1, 2005)
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| Sec. 13-209. "Competitive Telecommunications Service" | 12 |
| means (i) a
telecommunications service, its functional | 13 |
| equivalent or a substitute
service, which, for some | 14 |
| identifiable class or group of customers in an
exchange, group | 15 |
| of exchanges, or some other clearly defined geographical
area, | 16 |
| is reasonably available from more than one provider, whether or | 17 |
| not
such provider is a telecommunications carrier subject to | 18 |
| regulation under
this Act or (ii) any other telecommunications | 19 |
| service classified as competitive under this Article . A | 20 |
| telecommunications service may be competitive for the entire
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| state, some geographical area therein, including an exchange or | 22 |
| set of
exchanges, or for a specific customer or class or group | 23 |
| of customers, but
only to the extent consistent with this | 24 |
| definition.
| 25 |
| (Source: P.A. 84-1063 .)
| 26 |
| (220 ILCS 5/13-214) (from Ch. 111 2/3, par. 13-214)
| 27 |
| (Section scheduled to be repealed on July 1, 2005)
| 28 |
| Sec. 13-214. (a) "Public mobile services" means | 29 |
| air-to-ground radio
telephone services, cellular radio | 30 |
| telecommunications services, offshore
radio, rural radio | 31 |
| service, public land mobile telephone service , and commercial | 32 |
| mobile services, as defined in 47 U.S.C. Section 332(d)(1)
and | 33 |
| other
common carrier radio communications services .
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| (b) "Private radio services" means private land mobile | 2 |
| radio services
and other communications services characterized | 3 |
| by the Commission as
private radio services.
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| (Source: P.A. 85-1405 .)
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| (220 ILCS 5/13-216)
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| (Section scheduled to be repealed on July 1, 2005)
| 7 |
| Sec. 13-216. Network element. "Network element" means a
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| facility or equipment used in the provision of a | 9 |
| telecommunications service.
The term also includes features, | 10 |
| functions, and capabilities that are provided
by means of the | 11 |
| facility or equipment, including, but not limited to,
| 12 |
| subscriber
numbers, databases, signaling systems, and | 13 |
| information sufficient for billing
and collection or used in | 14 |
| the transmission, routing, or other provision of a
| 15 |
| telecommunications service.
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| (Source: P.A. 92-22, eff. 6-30-01.)
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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, 2005)
| 19 |
| Sec. 13-301. Consistent with the findings and policy | 20 |
| established in
paragraph (a) of Section 13-102 and paragraph | 21 |
| (a) of Section 13-103, and
in order to ensure the attainment of | 22 |
| such policies, the Commission shall:
| 23 |
| (a) participate in all federal programs intended to | 24 |
| preserve or extend
universal telecommunications service, | 25 |
| unless such programs would place cost
burdens on Illinois | 26 |
| customers of telecommunications services in excess of
the | 27 |
| benefits they would receive through participation, provided, | 28 |
| however,
the Commission shall not approve or permit the | 29 |
| imposition of any surcharge
or other fee designed to subsidize | 30 |
| or provide a waiver for subscriber line
charges; and shall | 31 |
| report on such programs together with an assessment of
their | 32 |
| adequacy and the advisability of participating therein in its | 33 |
| annual
report to the General Assembly, or more often as | 34 |
| necessary;
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| (b) establish a program to monitor the level of | 2 |
| telecommunications
subscriber connection within each exchange | 3 |
| in Illinois, and shall report
the results of such monitoring | 4 |
| and any actions it has taken or recommends
be taken to maintain | 5 |
| and increase such levels in its annual report to the
General | 6 |
| Assembly, or more often if necessary;
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| (c) (Blank);
order all telecommunications carriers | 8 |
| offering or providing local
exchange telecommunications | 9 |
| service to propose low-cost or budget service
tariffs and any | 10 |
| other rate design or pricing mechanisms designed to
facilitate | 11 |
| customer access to such telecommunications service, and shall
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| after notice and hearing, implement any such proposals which it | 13 |
| finds
likely to achieve such purpose;
| 14 |
| (d) investigate the necessity of and, if appropriate, | 15 |
| establish a universal service support fund
from which local | 16 |
| exchange telecommunications
carriers
who pursuant to the | 17 |
| Twenty-Seventh Interim Order of the Commission in Docket
No. | 18 |
| 83-0142 or the orders of the Commission in Docket No. 97-0621 | 19 |
| and Docket
No.
98-0679
received funding and whose economic | 20 |
| costs of providing
services for which universal service support | 21 |
| may be made available exceed
the
affordable rate established by | 22 |
| the Commission for such services may be
eligible to receive
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| support, less any federal universal service support received | 24 |
| for the same or
similar costs
of providing the supported | 25 |
| services; provided, however, that if a universal
service | 26 |
| support
fund is established, the Commission shall require that | 27 |
| all costs of the fund be
recovered
from all local exchange and | 28 |
| interexchange telecommunications carriers
certificated in
| 29 |
| Illinois on a competitively neutral and nondiscriminatory | 30 |
| basis. In
establishing any such
universal service support fund, | 31 |
| the Commission shall, in addition to the
determination of
costs | 32 |
| for supported services, consider and make findings pursuant to | 33 |
| paragraphs
(1), (2), and
(4) of item (e) of this Section. Proxy | 34 |
| cost, as determined by the
Commission, may be
used for this | 35 |
| purpose. In determining cost recovery for any universal service
| 36 |
| support fund, the Commission shall not permit recovery of such |
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| costs from
another certificated carrier for any service | 2 |
| purchased and used solely as an
input to a service provided to | 3 |
| such certificated carrier's retail customers; and
| 4 |
| (e) investigate the necessity of and, if appropriate, | 5 |
| establish a
universal
service support
fund in addition to any | 6 |
| fund that may be established pursuant to item (d)
of this
| 7 |
| Section; provided, however, that if a telecommunications | 8 |
| carrier receives
universal
service support pursuant to item (d) | 9 |
| of this Section, that
telecommunications carrier
shall not | 10 |
| receive universal service support pursuant to this item.
| 11 |
| Recipients of any
universal service support funding created by | 12 |
| this item shall be
"eligible"
telecommunications carriers, as | 13 |
| designated by the Commission in accordance with
47
U.S.C. | 14 |
| 214(e)(2). Eligible telecommunications carriers providing | 15 |
| local
exchange
telecommunications service
may be eligible to | 16 |
| receive support for such services, less any federal
universal | 17 |
| service support
received for the same or similar costs of | 18 |
| providing the supported services.
If a fund is established, the
| 19 |
| Commission
shall require that the costs of such fund be | 20 |
| recovered from all
telecommunications
carriers, with the | 21 |
| exception of public mobile service providers
wireless carriers
| 22 |
| who are providers of two-way
cellular
telecommunications | 23 |
| service and who have not been designated as eligible
| 24 |
| telecommunications carriers, on a competitively neutral and | 25 |
| non-discriminatory
basis. In
any order creating a fund pursuant | 26 |
| to this item, the Commission, after
notice and
hearing, shall:
| 27 |
| (1) Define the group of services to be declared | 28 |
| "supported
telecommunications
services" that constitute | 29 |
| "universal service". This group of services shall,
at a
| 30 |
| minimum, include those services as defined by the Federal | 31 |
| Communications
Commission and as from time to time amended. | 32 |
| In addition, the Commission
shall consider the range of | 33 |
| services currently offered by telecommunications
carriers | 34 |
| offering local exchange telecommunications service, the | 35 |
| existing rate
structures for the supported | 36 |
| telecommunications services, and the
telecommunications |
|
|
|
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| 1 |
| needs of Illinois consumers in determining the supported
| 2 |
| telecommunications services.
The Commission shall, from | 3 |
| time to time or upon request, review and, if
appropriate, | 4 |
| revise the group of Illinois supported telecommunications | 5 |
| services
and the terms of the fund to reflect changes or | 6 |
| enhancements in
telecommunications needs, technologies, | 7 |
| and available services.
| 8 |
| (2) Identify all implicit subsidies contained in rates | 9 |
| or charges of
incumbent local exchange
carriers, including | 10 |
| all subsidies in interexchange access charges, and
| 11 |
| determine how
such subsidies can be made explicit by
the | 12 |
| creation of the fund.
| 13 |
| (3) Identify the incumbent local exchange carriers' | 14 |
| economic costs of
providing the
supported | 15 |
| telecommunications services.
| 16 |
| (4) Establish an affordable price for the supported | 17 |
| telecommunications
services for
the respective incumbent | 18 |
| local exchange carrier. The affordable price shall
be no | 19 |
| less than
the rates in effect at the time the Commission | 20 |
| creates a fund
pursuant to this item. The Commission may | 21 |
| establish and utilize indices
or
models for updating the | 22 |
| affordable price for supported telecommunications
| 23 |
| services.
| 24 |
| (5) Identify the telecommunications carriers from whom | 25 |
| the costs of the
fund
shall be recovered and the mechanism | 26 |
| to be used to determine and establish a
competitively | 27 |
| neutral and non-discriminatory funding basis. From time to | 28 |
| time,
or upon request, the Commission shall consider | 29 |
| whether, based upon changes in
technology or other factors, | 30 |
| additional telecommunications providers should
contribute | 31 |
| to the fund. The Commission shall establish the basis upon | 32 |
| which
telecommunications carriers contributing to the fund | 33 |
| shall recover
contributions
on a competitively neutral and | 34 |
| non-discriminatory basis.
In determining cost recovery for | 35 |
| any universal support fund, the Commission
shall not permit | 36 |
| recovery of such costs from another certificated carrier |
|
|
|
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| 1 |
| for
any service purchased and used solely as an input to a | 2 |
| service provided to such
certificated carriers' retail | 3 |
| customers.
| 4 |
| (6) Approve a plan for the administration and operation | 5 |
| of the fund by a
neutral third party consistent with the | 6 |
| requirements of this item.
| 7 |
| No fund shall be created pursuant to this item until | 8 |
| existing
implicit
subsidies,
including, but not limited to, | 9 |
| those subsidies contained in interexchange
access
charges, | 10 |
| have been identified and eliminated through revisions to rates | 11 |
| or
charges.
Prior to May 1, 2000, such revisions to rates or | 12 |
| charges to eliminate implicit
subsidies shall occur | 13 |
| contemporaneously with any funding established pursuant
to | 14 |
| this item. However, if the Commission does not establish a | 15 |
| universal
service support fund by May 1, 2000, the Commission | 16 |
| shall not be prevented from
entering an order or taking other | 17 |
| actions to reduce or eliminate existing
subsidies as well as | 18 |
| considering the effect of such reduction or elimination on
| 19 |
| local exchange carriers.
| 20 |
| Any telecommunications carrier providing local exchange
| 21 |
| telecommunications service which offers to its local exchange | 22 |
| customers a
choice of two or more local exchange | 23 |
| telecommunications service offerings to residential end users
| 24 |
| shall provide annually to its residential end users, or post on | 25 |
| its website, a list of its local exchange telecommunications | 26 |
| service offerings available to its residential end users , to | 27 |
| any such customer requesting it, once a year without
charge, a | 28 |
| report describing which local exchange telecommunications | 29 |
| service
offering would result in the lowest bill for such | 30 |
| customer's local exchange
service, based on such customer's | 31 |
| calling pattern and usage for the
previous 6 months. At least | 32 |
| once a year, each such carrier shall provide a
notice to each | 33 |
| of its local exchange telecommunications service customers
| 34 |
| describing the availability of this report and the specific | 35 |
| procedures by
which customers may receive it. Such report shall | 36 |
| only be available to
current and future customers who have |
|
|
|
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| 1 |
| received at least 6 months of
continuous local exchange service | 2 |
| from such carrier .
| 3 |
| (Source: P.A. 91-636, eff. 8-20-99 .)
| 4 |
| (220 ILCS 5/13-305)
| 5 |
| (Section scheduled to be repealed on July 1, 2005)
| 6 |
| Sec. 13-305. Amount of civil penalty. A telecommunications | 7 |
| carrier, any
corporation other than a
telecommunications | 8 |
| carrier, or any person acting as a telecommunications
carrier | 9 |
| that violates or fails to comply with any provisions of this | 10 |
| Act or
that fails to obey, observe, or comply with any order, | 11 |
| decision, rule,
regulation, direction, or requirement, or any | 12 |
| part or provision thereof, of the
Commission, made or issued | 13 |
| under authority of this Act, in a case in which a
civil penalty | 14 |
| is not otherwise provided for in this Act, but excepting | 15 |
| Section
5-202 of the Act, shall be subject to a civil penalty | 16 |
| imposed in the manner
provided in Section 13-304 of no more | 17 |
| than $30,000 or 0.00825% of the carrier's
gross intrastate | 18 |
| annual telecommunications revenue, whichever is greater, for
| 19 |
| each offense unless the violator has fewer than 35,000 | 20 |
| subscriber access lines,
in which case the civil penalty may | 21 |
| not exceed $2,000 for each offense.
| 22 |
| Notwithstanding any other provision of this Section or | 23 |
| Article, if any telecommunications carrier subject to an | 24 |
| alternative form of regulation plan that was adopted by the | 25 |
| Commission prior to the effective date of this amendatory Act | 26 |
| of the 94th General Assembly violates the retail service | 27 |
| quality rules promulgated by the Commission pursuant to Section | 28 |
| 13-712 or pursuant to such alternative form of regulation plan, | 29 |
| the Commission may impose, for any such violation by such | 30 |
| telecommunications carrier, maximum civil penalties of up to | 31 |
| $33,000 or 0.00908% of such telecommunications carrier's gross | 32 |
| intrastate annual telecommunications revenue, whichever is | 33 |
| greater. This provision for a violation by a telecommunications | 34 |
| carrier subject to an alternative form of regulation plan as of | 35 |
| the effective date of this amendatory Act of the 94th General |
|
|
|
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| 1 |
| Assembly shall remain in force and effect through July 1, 2008.
| 2 |
| A telecommunications carrier subject to administrative | 3 |
| penalties resulting
from a final Commission order approving an | 4 |
| intercorporate transaction entered
pursuant to Section 7-204 | 5 |
| of this Act shall be subject to penalties under this
Section | 6 |
| imposed for the same conduct only to the extent that such | 7 |
| penalties
exceed those imposed by the final Commission order.
| 8 |
| Every violation of the provisions of this Act or of any | 9 |
| order, decision,
rule, regulation, direction, or requirement | 10 |
| of the Commission, or any part or
provision thereof, by any | 11 |
| corporation or person, is a separate and distinct
offense.
| 12 |
| Penalties
under this Section shall attach and begin to accrue | 13 |
| from the day after written
notice is delivered to such party or | 14 |
| parties that they are in violation of or
have failed to
comply | 15 |
| with this Act or an order, decision, rule,
regulation, | 16 |
| direction, or requirement of the Commission, or part or | 17 |
| provision
thereof.
In case of a continuing violation, each | 18 |
| day's continuance
thereof
shall be a separate and distinct | 19 |
| offense.
| 20 |
| In construing and enforcing the provisions of this Act | 21 |
| relating to penalties,
the act, omission, or failure of any | 22 |
| officer, agent, or employee of any
telecommunications carrier | 23 |
| or of any person acting within the scope of his or
her duties | 24 |
| or employment shall in every case be deemed to be the act,
| 25 |
| omission, or failure of such telecommunications carrier or | 26 |
| person.
| 27 |
| If the party who has violated or failed to comply with this | 28 |
| Act or an order,
decision, rule, regulation, direction, or | 29 |
| requirement of the Commission, or any
part or provision | 30 |
| thereof, fails to seek timely review pursuant to Sections
| 31 |
| 10-113 and 10-201 of this Act, the party shall, upon expiration | 32 |
| of the
statutory time limit, be subject to the civil penalty | 33 |
| provision of this
Section.
| 34 |
| Twenty percent of all moneys collected under this Section | 35 |
| shall be deposited
into the Digital Divide Elimination Fund and | 36 |
| 20% of all moneys collected under
this Section shall be |
|
|
|
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| 1 |
| deposited into the Digital Divide Elimination
Infrastructure | 2 |
| Fund.
| 3 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 4 |
| (220 ILCS 5/13-400 new)
| 5 |
| Sec. 13-400. Commission jurisdiction prohibited.
| 6 |
| (a) The Commission shall not exercise jurisdiction over: | 7 |
| (1) advanced services, as defined in Section 13-203.2; | 8 |
| (2) broadband service, as defined in Section 13-203.3; | 9 |
| (3) any retail service not commercially available on | 10 |
| the effective date of this amendatory Act of the 94th | 11 |
| General Assembly; | 12 |
| (4) information services, as defined in Section | 13 |
| 13-203.4; | 14 |
| (5) Internet protocol ("IP") enabled services, as | 15 |
| defined in Section 13-203.5; and | 16 |
| (6) customer premises equipment, as defined in Section | 17 |
| 13-203.6.
| 18 |
| (b) Notwithstanding the provisions of subsection (a), the | 19 |
| Commission shall have jurisdiction to the extent that it has | 20 |
| been specifically delegated to the Commission by the | 21 |
| Telecommunications Act of 1996 or any successors or amendments | 22 |
| thereof or by orders of and regulations promulgated by the | 23 |
| Federal Communications Commission.
| 24 |
| (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
| 25 |
| (Section scheduled to be repealed on July 1, 2005)
| 26 |
| Sec. 13-401. Certificate of Service Authority.
| 27 |
| (a) No telecommunications carrier not possessing a | 28 |
| certificate of public
convenience and necessity or certificate | 29 |
| of authority from the Commission
at the time this Article goes | 30 |
| into effect shall transact any business in
this State until it | 31 |
| shall have obtained a certificate of service authority
from the | 32 |
| Commission pursuant to the provisions of this Article.
| 33 |
| No telecommunications carrier offering or providing, or | 34 |
| seeking to offer
or provide, any interexchange |
|
|
|
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| 1 |
| telecommunications service shall do so until
it has applied for | 2 |
| and received a Certificate of Interexchange Service
Authority | 3 |
| pursuant to the provisions of Section 13-403. No
| 4 |
| telecommunications carrier offering or providing, or seeking | 5 |
| to offer or
provide, any local exchange telecommunications | 6 |
| service shall do so until it
has applied for and received a | 7 |
| Certificate of Exchange Service Authority
pursuant to the | 8 |
| provisions of Section 13-405.
| 9 |
| Notwithstanding Sections 13-403, 13-404, and 13-405, the | 10 |
| Commission
shall approve a cellular radio application for a | 11 |
| Certificate of Service
Authority without a hearing upon a | 12 |
| showing by the cellular applicant that
the Federal | 13 |
| Communications Commission has issued to it a construction
| 14 |
| permit or an operating license to construct or operate a | 15 |
| cellular radio
system in the area as defined by the Federal | 16 |
| Communications Commission, or
portion of the area, for which | 17 |
| the carrier seeks a Certificate of Service
Authority.
| 18 |
| No Certificate of Service Authority issued by the | 19 |
| Commission shall be
construed as granting a monopoly or | 20 |
| exclusive privilege, immunity or
franchise. The issuance of a | 21 |
| Certificate of Service Authority to any
telecommunications | 22 |
| carrier shall not preclude the Commission from issuing
| 23 |
| additional Certificates of Service Authority to other | 24 |
| telecommunications
carriers providing the same or equivalent | 25 |
| service or serving the same
geographical area or customers as | 26 |
| any previously certified carrier , except
to the extent | 27 |
| otherwise provided by Sections 13-403 and 13-405 .
| 28 |
| Any certificate of public convenience and necessity | 29 |
| granted by the
Commission to a telecommunications carrier prior | 30 |
| to the effective date of
this Article shall remain in full | 31 |
| force and effect, and such carriers need
not apply for a | 32 |
| Certificate of Service Authority in order to continue
offering | 33 |
| or providing service to the extent authorized in such | 34 |
| certificate
of public convenience and necessity. Any such | 35 |
| carrier, however, prior to
substantially altering the nature or | 36 |
| scope of services provided under a
certificate of public |
|
|
|
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| 1 |
| convenience and necessity, or adding or expanding
services | 2 |
| beyond the authority contained in such certificate, must apply | 3 |
| for
a Certificate of Service Authority for such alterations or | 4 |
| additions
pursuant to the provisions of this Article.
| 5 |
| The Commission shall review and modify the terms of any
| 6 |
| certificate of public convenience and necessity issued to a
| 7 |
| telecommunications carrier prior to the effective date of this | 8 |
| Article in
order to ensure its conformity with the requirements | 9 |
| and policies of this
Article. Any Certificate of Service | 10 |
| Authority may be altered or modified by
the Commission, after | 11 |
| notice and hearing, upon its own motion or upon
application of | 12 |
| the person or company affected. Unless exercised within a
| 13 |
| period of two years from the issuance thereof, authority | 14 |
| conferred by a
Certificate of Service Authority shall be null | 15 |
| and void.
| 16 |
| (b) The Commission may issue a temporary Certificate which | 17 |
| shall remain
in force not to exceed one year in cases of | 18 |
| emergency, to assure maintenance
of adequate service or to | 19 |
| serve particular customers, without notice and
hearing, | 20 |
| pending the determination of an application for a Certificate, | 21 |
| and
may by regulation exempt from the requirements of this | 22 |
| Section temporary
acts or operations for which the issuance of | 23 |
| a certificate is not necessary
in the public interest and which | 24 |
| will not be required therefor.
| 25 |
| (Source: P.A. 87-856 .)
| 26 |
| (220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
| 27 |
| (Section scheduled to be repealed on July 1, 2005)
| 28 |
| Sec. 13-403. Interexchange service authority; approval. | 29 |
| The
Commission shall approve an application for a
Certificate | 30 |
| of Interexchange Service Authority only upon a showing by the
| 31 |
| applicant, and a finding by the Commission, after notice and | 32 |
| hearing, that
the applicant possesses sufficient technical, | 33 |
| financial and managerial
resources and abilities to provide | 34 |
| interexchange telecommunications
service. The removal from | 35 |
| this Section of the dialing restrictions by
this amendatory Act |
|
|
|
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|
| 1 |
| of 1992 does not create any legislative presumption for
or | 2 |
| against intra-Market Service Area presubscription or changes | 3 |
| in
intra-Market Service Area dialing arrangements related to | 4 |
| the
implementation of that presubscription, but simply vests | 5 |
| jurisdiction in
the Illinois Commerce Commission to consider | 6 |
| after notice and hearing the
issue of presubscription in | 7 |
| accordance with the policy goals outlined in
Section 13-103.
| 8 |
| The Commission shall have authority to alter the boundaries | 9 |
| of Market
Service Areas when such alteration is consistent with | 10 |
| the public interest
and the purposes and policies of this | 11 |
| Article. A
determination by the Commission with respect to | 12 |
| Market Service
Area boundaries shall not modify or affect the | 13 |
| rights or obligations of any
telecommunications carrier with | 14 |
| respect to any consent decree or agreement
with the United | 15 |
| States Department of Justice, including, but not limited
to, | 16 |
| the Modification of Final Judgment in United States v. Western | 17 |
| Electric
Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from | 18 |
| time to
time.
| 19 |
| (Source: P.A. 91-357, eff. 7-29-99 .)
| 20 |
| (220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
| 21 |
| (Section scheduled to be repealed on July 1, 2005)
| 22 |
| Sec. 13-406. No telecommunications carrier offering or | 23 |
| providing
noncompetitive telecommunications service pursuant | 24 |
| to a valid
Certificate of Service Authority or certificate of | 25 |
| public convenience and
necessity or price-capped competitive | 26 |
| telecommunications service pursuant to subsection (b) of | 27 |
| 13-506.1 shall discontinue or abandon such service once | 28 |
| initiated until
and unless it shall demonstrate, and the | 29 |
| Commission finds, after notice and
hearing, that such | 30 |
| discontinuance or abandonment will not deprive customers
of any | 31 |
| necessary or essential telecommunications service or access | 32 |
| thereto
and is not otherwise contrary to the public interest. | 33 |
| No
telecommunications carrier offering or providing | 34 |
| competitive
telecommunications service shall discontinue or | 35 |
| abandon such service once
initiated except upon 30 days notice |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| to the Commission and affected
customers. The Commission may, | 2 |
| upon its own motion or upon complaint,
investigate the proposed | 3 |
| discontinuance or abandonment of a competitive
| 4 |
| telecommunications service and may, after notice and hearing, | 5 |
| prohibit such
proposed discontinuance or abandonment if the | 6 |
| Commission finds that it
would be contrary to the public | 7 |
| interest.
| 8 |
| (Source: P.A. 84-1063 .)
| 9 |
| (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
| 10 |
| (Section scheduled to be repealed on July 1, 2005)
| 11 |
| Sec. 13-407. Commission study and report. The Commission | 12 |
| shall monitor
and analyze patterns of
entry and exit and | 13 |
| changes in patterns of entry
and exit for each relevant
market | 14 |
| for telecommunications services, including emerging high speed
| 15 |
| telecommunications markets and all services defined in | 16 |
| Sections 13-203.2, 13-203.3, 13-203.4, and 13-203.5 , and shall | 17 |
| include its findings
together with appropriate recommendations | 18 |
| for legislative action in its
annual report to the General | 19 |
| Assembly.
| 20 |
| The Commission shall also monitor and analyze the status
of | 21 |
| deployment of services to consumers, and any resulting "digital | 22 |
| divisions"
between consumers, including any changes or trends | 23 |
| therein. The
Commission shall include its findings together | 24 |
| with appropriate recommendations
for legislative action in its | 25 |
| annual report to the General Assembly. In
preparing this | 26 |
| analysis the Commission shall evaluate information
provided by | 27 |
| telecommunications carriers that pertains to the state of
| 28 |
| competition in telecommunications markets including, but not | 29 |
| limited to:
| 30 |
| (1) the number and type of firms providing | 31 |
| communications
telecommunications services,
including the | 32 |
| services defined in Sections 13-203.2, 13-203.3, and | 33 |
| 13-203.5
broadband telecommunications services , within the | 34 |
| State;
| 35 |
| (2) the communications
telecommunications services |
|
|
|
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| 1 |
| offered by these firms to both retail
and wholesale | 2 |
| customers;
| 3 |
| (3) the extent to which customers and other providers | 4 |
| are purchasing the
firms' communications
| 5 |
| telecommunications services;
| 6 |
| (4) the technologies or methods by which these firms | 7 |
| provide these
services, including descriptions of | 8 |
| technologies in place and under
development, and the degree | 9 |
| to which firms rely on other wholesale providers to
provide | 10 |
| service to their own customers; and
| 11 |
| (5) the tariffed retail and wholesale prices for | 12 |
| services provided by
these firms.
| 13 |
| The Commission shall at a minimum assess the variability in | 14 |
| this
information according to geography, examining variability | 15 |
| by exchange,
wirecenter, or zip code, and by
customer class, | 16 |
| examining, at a minimum, the variability between residential
| 17 |
| and small, medium, and large business customers. The Commission | 18 |
| shall
provide an analysis of market trends by collecting this | 19 |
| information from firms
providing communications
| 20 |
| telecommunications services within the State. The Commission | 21 |
| shall
also collect all information, in a format determined by | 22 |
| the Commission, that
the Commission deems necessary to assist | 23 |
| in monitoring and analyzing the communications
| 24 |
| telecommunications markets and the status of competition and | 25 |
| deployment of
communications
telecommunications services to | 26 |
| consumers in the State.
| 27 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 28 |
| (220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
| 29 |
| (Section scheduled to be repealed on July 1, 2005)
| 30 |
| Sec. 13-501. Tariff; filing.
| 31 |
| (a) No telecommunications carrier shall offer or provide
| 32 |
| telecommunications service to a residential end user unless and | 33 |
| until a tariff is filed with the
Commission which describes the | 34 |
| nature of the service, applicable rates and
other charges, | 35 |
| terms and conditions of service, and the exchange, exchanges
or |
|
|
|
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|
| 1 |
| other geographical area or areas in which the service shall be | 2 |
| offered
or provided. The Commission may prescribe the form of | 3 |
| such tariff regarding a telecommunications service offered or | 4 |
| provided to a residential end user and any
additional data or | 5 |
| information which shall be included therein. A | 6 |
| telecommunications carrier that offers or provides a | 7 |
| telecommunications service to business end users may file a | 8 |
| tariff with the Commission that describes the nature of the | 9 |
| service, applicable rates and other charges, terms and | 10 |
| conditions of service, and the exchange, exchanges or other | 11 |
| geographical area or areas in which the service will be offered | 12 |
| or provided.
| 13 |
| (b) After a hearing on noncompetitive services or a hearing | 14 |
| pursuant to subsection (d) of Section 13-505 for competitive | 15 |
| services , the Commission has the discretion to impose an
| 16 |
| interim or permanent tariff on a telecommunications carrier as | 17 |
| part
of the order in
the case. When a tariff is imposed as part | 18 |
| of the order in a case, the
tariff shall remain
in full force | 19 |
| and effect until a compliance tariff, or superseding
tariff, is | 20 |
| filed by the
telecommunications carrier and, after notice to | 21 |
| the parties in the case and
after a
compliance hearing is held, | 22 |
| is found by the Commission to be in compliance with
the
| 23 |
| Commission's order.
| 24 |
| (c) Nothing in this Section shall be construed to require a | 25 |
| telecommunications carrier to tariff special equipment and | 26 |
| service arrangements when provided to meet the unique | 27 |
| telecommunications services requirements of a small number of | 28 |
| customers.
| 29 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 30 |
| (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
| 31 |
| (Section scheduled to be repealed on July 1, 2005)
| 32 |
| Sec. 13-502. Classification of services.
| 33 |
| (a) All telecommunications services offered or provided
| 34 |
| under tariff by telecommunications carriers shall be | 35 |
| classified as either
competitive or noncompetitive. A |
|
|
|
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|
| 1 |
| telecommunications carrier may offer or
provide either | 2 |
| competitive or noncompetitive telecommunications services, or
| 3 |
| both, subject to proper certification and other applicable | 4 |
| provisions of
this Article. Any tariff filed with the | 5 |
| Commission as required by Section
13-501 shall indicate whether | 6 |
| the service to be offered or provided is
competitive or | 7 |
| noncompetitive.
| 8 |
| (a-5) All telecommunications services offered or provided | 9 |
| by any telecommunications carrier, including, without | 10 |
| limitation, all existing or future telecommunications | 11 |
| services, facilities, features, or functionalities, shall be | 12 |
| classified as competitive as of the effective date of this | 13 |
| amendatory Act of the 94th General Assembly without further | 14 |
| Commission review, except as provided in this subsection. The | 15 |
| competitive classification provided in this subsection shall | 16 |
| apply to the telecommunications services offered or provided by | 17 |
| any telecommunications carrier that, on or after the effective | 18 |
| date of this amendatory Act of the 94th General Assembly, has | 19 |
| entered into an approved interconnection agreement with one or | 20 |
| more unaffiliated competitive carriers as a result of | 21 |
| negotiations or arbitrations, pursuant to the provisions of | 22 |
| Section 251 of the federal Telecommunications Act of 1996 or | 23 |
| any successors or amendments thereof.
| 24 |
| (b) For a telecommunications carrier that has not entered | 25 |
| into an approved interconnection agreement in accordance with | 26 |
| subsection (a-5), a
A service shall be classified as | 27 |
| competitive only if, and only to the
extent that, for some | 28 |
| identifiable class or group of customers in an
exchange, group | 29 |
| of exchanges, or some other clearly defined geographical
area, | 30 |
| such service, or its functional equivalent, or a substitute | 31 |
| service,
is reasonably available from more than one provider, | 32 |
| whether or not any
such provider is a telecommunications | 33 |
| carrier subject to regulation under
this Act. All | 34 |
| telecommunications services not properly classified as
| 35 |
| competitive shall be classified as noncompetitive. The | 36 |
| Commission shall
have the power to investigate the propriety of |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| any classification of a
telecommunications service on its own | 2 |
| motion and shall investigate upon
complaint. In any hearing or | 3 |
| investigation, the burden of proof as to the
proper | 4 |
| classification of any service shall rest upon the | 5 |
| telecommunications
carrier providing the service. After notice | 6 |
| and hearing, the Commission
shall order the proper
| 7 |
| classification of any service in whole or in part. The | 8 |
| Commission shall
make its determination and issue its final | 9 |
| order no later than 180 days
from the date such hearing or | 10 |
| investigation is initiated. If the Commission
enters into a | 11 |
| hearing upon complaint and if the Commission fails to issue
an | 12 |
| order within that period, the complaint shall be deemed granted | 13 |
| unless
the Commission, the complainant, and the | 14 |
| telecommunications carrier
providing the service agree to | 15 |
| extend the time period.
| 16 |
| (c) In determining whether a service should be reclassified | 17 |
| as
competitive for carriers subject to subsection (b) , the | 18 |
| Commission shall, at a minimum, consider the following
factors:
| 19 |
| (1) the number, size, and geographic distribution of | 20 |
| other providers of
the
service;
| 21 |
| (2) the availability of functionally equivalent | 22 |
| services in the relevant
geographic area and the ability of | 23 |
| telecommunications carriers or other
persons
to make the | 24 |
| same, equivalent, or substitutable service readily | 25 |
| available in the
relevant market at comparable rates, | 26 |
| terms, and conditions;
| 27 |
| (3) the existence of economic, technological, or any | 28 |
| other barriers to
entry into, or exit from, the relevant | 29 |
| market;
| 30 |
| (4) the extent to which other telecommunications | 31 |
| companies must rely upon
the service of another | 32 |
| telecommunications carrier to provide telecommunications
| 33 |
| service; and
| 34 |
| (5) any other factors that may affect competition and | 35 |
| the public interest
that the Commission deems appropriate.
| 36 |
| (d) No tariff classifying a new telecommunications service |
|
|
|
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|
| 1 |
| as
competitive or
reclassifying a previously noncompetitive | 2 |
| telecommunications service as
competitive, which is filed by a | 3 |
| telecommunications carrier subject to subsection (b) which | 4 |
| also
offers or provides noncompetitive telecommunications | 5 |
| service, shall be
effective unless and until such | 6 |
| telecommunications carrier offering or
providing, or seeking | 7 |
| to offer or provide, such proposed competitive
service prepares | 8 |
| and files a study of the long-run service incremental cost
| 9 |
| underlying such service and demonstrates that the tariffed | 10 |
| rates and
charges for the service and any relevant group of | 11 |
| services that includes
the proposed competitive service and for | 12 |
| which resources are used in common
solely by that group of | 13 |
| services are not less than the long-run service
incremental | 14 |
| cost of providing the service and each relevant group of | 15 |
| services.
Such study shall be given proprietary treatment by | 16 |
| the Commission at the
request of such carrier if any other | 17 |
| provider of the competitive service,
its functional | 18 |
| equivalent, or a substitute service in the geographical area
| 19 |
| described by the proposed tariff has not filed, or has not been | 20 |
| required to
file, such a study.
| 21 |
| (e) In the event any telecommunications service has been
| 22 |
| classified and
filed as competitive by the telecommunications | 23 |
| carrier, and has been
offered or provided on such basis, and | 24 |
| the Commission subsequently
determines after investigation | 25 |
| that such classification improperly included
services which | 26 |
| were in fact noncompetitive, the Commission shall have the
| 27 |
| power to determine and order refunds to customers for any | 28 |
| overcharges which
may have resulted from the improper | 29 |
| classification, or to order such other
remedies provided to it | 30 |
| under this Act, or to seek an appropriate remedy or
relief in a | 31 |
| court of competent jurisdiction. This subsection (e) does not | 32 |
| apply to any telecommunications services that have been | 33 |
| classified as competitive pursuant to subsection (a-5).
| 34 |
| (f) If no hearing or investigation regarding the propriety | 35 |
| of a
competitive
classification of a telecommunications | 36 |
| service is initiated within 180 days
after a
telecommunications |
|
|
|
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|
| 1 |
| carrier files a tariff listing such telecommunications
service | 2 |
| as competitive, no refunds to customers for any overcharges | 3 |
| which may
result from an improper classification shall be | 4 |
| ordered for the period from the
time the telecommunications | 5 |
| carrier filed such tariff listing the service as
competitive up | 6 |
| to the time an investigation of the service classification is
| 7 |
| initiated by the Commission's own motion or the filing of a | 8 |
| complaint. Where a
hearing or an investigation regarding the | 9 |
| propriety of a telecommunications
service classification as | 10 |
| competitive is initiated after 180 days from the
filing of the | 11 |
| tariff, the period subject to refund for improper | 12 |
| classification
shall begin on the date such investigation or | 13 |
| hearing is initiated by the
filing of a Commission motion or a | 14 |
| complaint. This subsection (f) does not apply to any | 15 |
| telecommunications services that have been classified as | 16 |
| competitive pursuant to subsection (a-5).
| 17 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 18 |
| (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
| 19 |
| (Section scheduled to be repealed on July 1, 2005)
| 20 |
| Sec. 13-504. Application of ratemaking provisions of | 21 |
| Article IX.
| 22 |
| (a) Except where the context clearly renders such | 23 |
| provisions
inapplicable, the ratemaking provisions of Article | 24 |
| IX of this Act relating
to public utilities are fully and | 25 |
| equally applicable to the rates, charges,
tariffs and | 26 |
| classifications for the offer or provision of noncompetitive
| 27 |
| telecommunications services. However, the ratemaking | 28 |
| provisions do not apply to
any proposed change in rates or | 29 |
| charges, any proposed change in any
classification or tariff | 30 |
| resulting in a change in rates or charges, or the
establishment | 31 |
| of new services and rates therefor for
a noncompetitive local | 32 |
| exchange telecommunications service offered or provided
by a | 33 |
| local exchange telecommunications carrier with no more than | 34 |
| 35,000
subscriber access lines. Proposed changes in rates, | 35 |
| charges,
classifications, or tariffs meeting these criteria |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| shall be permitted upon
the filing of the proposed tariff and | 2 |
| 30 days notice to the Commission and
all potentially affected | 3 |
| customers. The proposed changes shall not be
subject to | 4 |
| suspension. The Commission shall investigate whether any | 5 |
| proposed
change is just and reasonable only if a | 6 |
| telecommunications
carrier that is
a customer of the local | 7 |
| exchange telecommunications carrier or 10% of the potentially | 8 |
| affected access line subscribers of the
local exchange | 9 |
| telecommunications carrier shall file a petition or
complaint | 10 |
| requesting an investigation of the proposed
changes. When the
| 11 |
| telecommunications carrier or 10% of the
potentially
affected | 12 |
| access line subscribers of a local exchange telecommunications
| 13 |
| carrier file a complaint, the Commission shall, after notice | 14 |
| and hearing,
have the power and duty to establish the rates, | 15 |
| charges, classifications,
or tariffs it finds to be just and | 16 |
| reasonable.
| 17 |
| (b) Subsection (c) of Section 13-502 and Sections 13-505.1 , | 18 |
| 13-505.4,
13-505.6, and 13-507 of this Article do not
apply to | 19 |
| rates or charges or proposed changes in rates or charges for
| 20 |
| applicable competitive or interexchange services when offered | 21 |
| or provided
by a local exchange telecommunications carrier with | 22 |
| no more than 35,000
subscriber access lines. In addition, | 23 |
| Sections 13-514, 13-515, and 13-516 do
not apply to | 24 |
| telecommunications carriers with no more than 35,000 | 25 |
| subscriber
access
lines. The Commission may require | 26 |
| telecommunications
carriers with no more than 35,000 | 27 |
| subscriber access lines to
furnish
information that the | 28 |
| Commission deems necessary for a determination that
rates and | 29 |
| charges for any competitive telecommunications service are
| 30 |
| just and reasonable.
| 31 |
| (c) For a local exchange telecommunications carrier with no | 32 |
| more than
35,000 access lines, the Commission shall consider | 33 |
| and adjust,
as
appropriate, a local exchange | 34 |
| telecommunications carrier's depreciation
rates only in | 35 |
| ratemaking proceedings.
| 36 |
| (d) Article VI and Sections 7-101 and 7-102 of Article VII |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| of this Act
pertaining to public utilities, public utility | 2 |
| rates and services, and the
regulation thereof are not | 3 |
| applicable to local exchange telecommunication
carriers with | 4 |
| no more than 35,000 subscriber access lines.
| 5 |
| (Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97 .)
| 6 |
| (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
| 7 |
| (Section scheduled to be repealed on July 1, 2005)
| 8 |
| Sec. 13-505. Price
Rate changes and cost studies ; | 9 |
| competitive services .
| 10 |
| (a) Any proposed increase or decrease in rates or charges, | 11 |
| or proposed
change in any
classification or tariff resulting in | 12 |
| an increase or decrease in
rates or charges, for
a competitive | 13 |
| telecommunications service shall be effective
permitted upon | 14 |
| the filing
of the proposed rate, charge, classification, or | 15 |
| tariff. Prior notice of an
increase shall be given to
all | 16 |
| potentially affected customers by mail, publication in a | 17 |
| newspaper of
general circulation, or equivalent means of | 18 |
| notice.
| 19 |
| (b) Notwithstanding any of the other provisions in Section | 20 |
| 9-201 or Section 13-504, as applicable, any proposed increase | 21 |
| or decrease in the rates or charges of non-competitive | 22 |
| telecommunications services shall be effective 15 days after | 23 |
| filing with the Commission. Prior notice of an increase or | 24 |
| decrease shall be given to all potentially affected customers | 25 |
| by mail, publication in a newspaper of general circulation, or | 26 |
| equivalent means of notice.
If a hearing is held pursuant to | 27 |
| Section 9-250 regarding the
reasonableness of an increase in | 28 |
| the rates or charges of a competitive
local exchange service, | 29 |
| then the telecommunications carrier providing the
service | 30 |
| shall have the burden of proof to establish the justness and
| 31 |
| reasonableness of the proposed rate or charge.
| 32 |
| (c) The Commission shall not require a cost study to be | 33 |
| filed for the following: (i) any statutory reclassification of | 34 |
| a service pursuant to subsection (a-5) of Section 13-502 of | 35 |
| this Article; (ii) any price increase for any competitive or |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| noncompetitive telecommunications service; (iii) any retail | 2 |
| service package filed pursuant to Section 13-518.1 or any price | 3 |
| increase or decrease to such service package; or (iv) any new | 4 |
| retail service offering, including new or revised features and | 5 |
| functionalities of an existing service. | 6 |
| (d) For price changes other than those described in | 7 |
| subsection (c)
above, no cost study shall be required unless: | 8 |
| (i) upon the written complaint to the Commission by a | 9 |
| telecommunications carrier that offers a competing | 10 |
| telecommunications service to the telecommunications service | 11 |
| for which the price is being changed; and (ii) if the | 12 |
| Commission has a reasonable basis to believe that the changed | 13 |
| price for such telecommunications service may not exceed the | 14 |
| long-run service incremental cost of such service, the | 15 |
| Commission shall provide notice in writing to the | 16 |
| telecommunications carrier offering such service of the basis | 17 |
| for that belief. The telecommunications carrier shall respond | 18 |
| in writing within 21 days and shall indicate whether the price | 19 |
| exceeds long-run service incremental cost or whether that price | 20 |
| is being offered to meet an offer to end users by a competing | 21 |
| telecommunications carrier or to meet an offer made to a former | 22 |
| end user that has accepted an offer for that service from a | 23 |
| competing telecommunications carrier. If the | 24 |
| telecommunications carrier responds that the price is being | 25 |
| offered to meet the price of a competitor, then the | 26 |
| telecommunications carrier shall provide the price being | 27 |
| offered by the competitor and a description of the product or | 28 |
| service being provided by the competitor at that price. The | 29 |
| Commission
shall not take any further regulatory action if the | 30 |
| telecommunications carrier demonstrates that the price is | 31 |
| being offered to meet an offer to end users by a competing | 32 |
| telecommunications carrier or to meet an offer made to a former | 33 |
| end user that has accepted an offer for that service from a | 34 |
| competing telecommunications carrier. If, after receiving the | 35 |
| telecommunications carrier's response, the Commission has a | 36 |
| reasonable basis to conclude that the disputed price does not |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| exceed the long-run service incremental cost of such service | 2 |
| and that the price is not being offered to meet an offer to end | 3 |
| users by a competing telecommunications carrier or to a former | 4 |
| end user that has accepted an offer for that service from a | 5 |
| competing telecommunications carrier, the Commission may | 6 |
| initiate a proceeding to investigate the reasonableness of the | 7 |
| price. The telecommunications carrier shall provide a cost | 8 |
| study to the Commission within 28 days of a request made by the | 9 |
| Commission during such proceeding. If, after notice and | 10 |
| hearing, the Commission determines that such disputed price | 11 |
| does not exceed the long-run service incremental cost of such | 12 |
| service and that the price is not being offered in response to | 13 |
| an offer to end users by a competing telecommunications carrier | 14 |
| or to a former end user that has accepted an offer for that | 15 |
| service from a competing telecommunications carrier, it shall | 16 |
| order the telecommunications carrier to adjust such disputed | 17 |
| price so that the revised price recovers the long-run service | 18 |
| incremental cost of such service. | 19 |
| (c) Nothing in this Section shall be construed to limit any | 20 |
| telecommunications carrier's ability to bring an action under | 21 |
| other applicable law.
| 22 |
| (Source: P.A. 90-185, eff. 7-23-97 .)
| 23 |
| (220 ILCS 5/13-506)
| 24 |
| (Section scheduled to be repealed on July 1, 2005)
| 25 |
| Sec. 13-506. Tariffs for competitive telecommunications | 26 |
| services.
| 27 |
| (a) Telecommunications carriers may file proposed tariffs | 28 |
| for any
competitive
telecommunications service which includes | 29 |
| and specifically describes a range,
band, formula, or standard | 30 |
| within which or by which a change in rates or
charges for such | 31 |
| telecommunications service could be made without prior notice
| 32 |
| or prior Commission approval, provided
that any and all rates | 33 |
| or charges within the band or range, or
determinable by the | 34 |
| operation of the formula or standard, are consistent with
the | 35 |
| public interest and the purpose and policies of this Article |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| and Act, and
are likely to remain so for the foreseeable | 2 |
| future. To the
extent any proposed
band or range encompasses | 3 |
| rates or charges which are not consistent with the
public | 4 |
| interest and the purposes and policies of this Article and Act | 5 |
| or
otherwise fully proper, or any proposed formula or standard | 6 |
| determines rates or
charges which are not consistent with the | 7 |
| purposes and policies of this Article
and Act or otherwise | 8 |
| fully proper, the Commission after notice and hearing
shall | 9 |
| have the power to
modify the level, scope, or limits of such | 10 |
| band or range, and to modify or
limit the operation of such | 11 |
| formula or standard, as necessary, to ensure that
rates or | 12 |
| charges resulting therefrom are consistent with the purposes | 13 |
| and
policies of this Article and Act and fully proper, and | 14 |
| likely to remain so in
the foreseeable future .
| 15 |
| (b) (Blank).
The Commission may require a | 16 |
| telecommunications carrier to file a
variable tariff as | 17 |
| described in paragraph (a) for any or all competitive
| 18 |
| telecommunications services which are offered or provided by | 19 |
| such carrier, if
the Commission finds, after notice and | 20 |
| hearing, that the determination of rates
or charges for such | 21 |
| service by a tariff would improve the Commission's ability
to | 22 |
| effectively regulate such rates or charges and that such | 23 |
| improvement is
required by the public interest. Any such tariff | 24 |
| required by the Commission
shall be approved only if it is also | 25 |
| consistent with the provisions of
paragraph (a) of this | 26 |
| Section.
| 27 |
| (c) After a tariff filed pursuant to this Section becomes | 28 |
| effective, the
telecommunications carrier shall determine the | 29 |
| rates and charges for services
according to the provisions | 30 |
| thereof.
| 31 |
| (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98; | 32 |
| 90-655, eff.
7-30-98 .)
| 33 |
| (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
| 34 |
| (Section scheduled to be repealed on July 1, 2005)
| 35 |
| Sec. 13-506.1. Alternative form
forms of regulation for |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| noncompetitive services .
| 2 |
| (a) In addition to the provisions of this Article, the | 3 |
| services classified as competitive pursuant to subsection | 4 |
| (a-5) of Section 13-502 of this Article under this amendatory | 5 |
| Act of the 94th General Assembly and offered or provided by any | 6 |
| qualifying telecommunications carrier, as defined in this | 7 |
| Section, shall also be subject to the ratemaking provisions of | 8 |
| Article IX or Section 13-504, as applicable, unless the carrier | 9 |
| offering the competitively classified services elects to be | 10 |
| subject to the provisions of this Section.
Notwithstanding any | 11 |
| of the ratemaking provisions of this Article or
Article IX that | 12 |
| are deemed to require rate of return regulation, the
Upon | 13 |
| providing notice to the Commission pursuant to subsection (b), | 14 |
| a qualifying telecommunications carrier shall be subject to
may
| 15 |
| implement
an alternative form
forms of regulation in the form | 16 |
| of a rate moratorium plan, as defined in this Section, which is | 17 |
| hereinafter referred to as the basic dial tone protection plan.
| 18 |
| in order to
establish just and reasonable rates for | 19 |
| noncompetitive telecommunications
services including, but not | 20 |
| limited to, price regulation, earnings sharing,
rate | 21 |
| moratoria, or a network modernization plan. The Commission is
| 22 |
| authorized to adopt different forms of regulation to fit the | 23 |
| particular
characteristics of different telecommunications | 24 |
| carriers and their service
areas.
| 25 |
| The General Assembly finds and declares that such a basic | 26 |
| dial tone protection plan meets
In addition to the public | 27 |
| policy goals declared in Section 13-103 and the goals of this | 28 |
| Section to: , the
Commission shall consider, in determining the | 29 |
| appropriateness of any
alternative form of regulation, whether | 30 |
| it will:
| 31 |
| (1) recognize the significant level of retail | 32 |
| competition in the communications industry and the | 33 |
| convergence of technologies;
reduce regulatory delay and | 34 |
| costs over time; | 35 |
| (2) adopt a more appropriate form of regulation;
| 36 |
| (3)
(2) encourage innovation in services;
|
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| (4)
(3) promote efficiency;
| 2 |
| (5)
(4) facilitate the broad dissemination of | 3 |
| technical improvements to
all end users
classes of | 4 |
| ratepayers ;
| 5 |
| (6)
(5) enhance economic development of the State; and
| 6 |
| (7)
(6) provide for market-based pricing of retail | 7 |
| telecommunications services in a competitive | 8 |
| communications environment.
fair, just, and reasonable | 9 |
| rates.
| 10 |
| (b) A telecommunications carrier providing noncompetitive
| 11 |
| telecommunications services may petition the Commission to | 12 |
| regulate the
rates or charges of its noncompetitive services | 13 |
| under an alternative form
of regulation. The | 14 |
| telecommunications carrier shall submit with its
petition its | 15 |
| plan for an alternative form of regulation. The Commission
| 16 |
| shall review and may modify or reject the carrier's proposed | 17 |
| plan. The
Commission also may initiate consideration of | 18 |
| alternative
forms of regulation for a telecommunications | 19 |
| carrier on its own motion.
The Commission may approve the plan | 20 |
| or modified plan and authorize its
implementation only if it | 21 |
| finds, after notice and hearing, that the plan or
modified plan | 22 |
| at a minimum:
| 23 |
| The General Assembly further finds that such a plan:
| 24 |
| (1) is in the public interest;
| 25 |
| (2) will produce fair, just, and reasonable rates for
| 26 |
| telecommunications services;
| 27 |
| (3) responds to changes in technology and the structure | 28 |
| of the
telecommunications industry that are, in fact, | 29 |
| occurring;
| 30 |
| (4) constitutes a more appropriate form of regulation | 31 |
| based on the
Commission's overall consideration of the | 32 |
| policy goals set forth in
Section 13-103 and this Section;
| 33 |
| (5) specifically identifies how ratepayers will | 34 |
| benefit from any
efficiency gains, cost savings arising out | 35 |
| of the regulatory change, and
improvements in productivity | 36 |
| due to technological change;
|
|
|
|
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|
| 1 |
| (2)
(6) will maintain the quality and availability of | 2 |
| retail telecommunications
services; and
| 3 |
| (3)
(7) will not unduly or unreasonably prejudice or | 4 |
| disadvantage any
particular customer class, including | 5 |
| non-qualifying telecommunications carriers.
| 6 |
| (b) Any qualifying telecommunications carrier may elect to | 7 |
| be governed under a rate moratorium alternative form of | 8 |
| regulation that consists of the provisions contained in the | 9 |
| provisions of this subsection (b) upon providing notice to the | 10 |
| Commission that it elects to do so. A rate moratorium | 11 |
| alternative form of regulation plan that contains the | 12 |
| provisions of this subsection (b) shall become effective 30 | 13 |
| days after notice is provided by any qualifying | 14 |
| telecommunications carrier to the Commission. During that 30 | 15 |
| day period, the qualifying telecommunications carrier shall | 16 |
| remain subject to the form of regulation that it was under on | 17 |
| the date that it provided notice to the Commission. The rate | 18 |
| moratorium alternative form of regulation plan authorized by | 19 |
| this subsection (b) shall consist of the following provisions: | 20 |
| (1) All price-capped competitive telecommunications | 21 |
| services, as defined in this Section, offered or provided | 22 |
| by any qualifying telecommunications carrier shall be | 23 |
| included in the basic dial tone protection plan. All other | 24 |
| competitive telecommunications services shall be excluded | 25 |
| from such plan. | 26 |
| (2) The rates for price-capped competitive | 27 |
| telecommunications services shall not exceed the rates | 28 |
| that the telecommunications carrier charged for those | 29 |
| services on February 1, 2005; this restriction upon the | 30 |
| rates of such price-capped competitive telecommunications | 31 |
| services shall remain in full force and effect through July | 32 |
| 1, 2008; provided, however, that nothing shall be construed | 33 |
| to prohibit reduction of those rates; | 34 |
| (3) Notwithstanding any other provision in this | 35 |
| Section or Article, a telecommunications carrier that | 36 |
| elects to be subject to a dial tone protection plan |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| pursuant to this Section shall continue to offer the | 2 |
| price-capped competitive telecommunications services at | 3 |
| all times through July 1, 2008; | 4 |
| (4) Notwithstanding any other provision in this | 5 |
| Section or Article, any residential end user may elect to | 6 |
| purchase price-capped competitive telecommunications | 7 |
| service at any time through July 1, 2008 and, to the extent | 8 |
| that such residential end user elects to change service | 9 |
| from a retail service package not subject to such dial tone | 10 |
| protection plan to price-capped competitive | 11 |
| telecommunications service, any applicable termination | 12 |
| provisions of the retail service package shall apply, but | 13 |
| only if such residential end user has been clearly informed | 14 |
| of the existence of any term and termination fees at the | 15 |
| time such residential end user ordered such service | 16 |
| package; and
| 17 |
| (5) No other terms from any plan adopted under prior | 18 |
| Commission authority shall be required under subsection | 19 |
| (b), except to the extent set forth in Section 13-712 | 20 |
| (e-10) regarding retail service quality measures, | 21 |
| exclusions, calculations, and standards for any | 22 |
| telecommunications carrier subject to an alternative form | 23 |
| of regulation plan on the effective date of this amendatory | 24 |
| Act of the 94th General Assembly.
| 25 |
| (c) For purposes of subsection (b) of this Section: (i) | 26 |
| "price-capped competitive telecommunications service" means | 27 |
| the stand-alone primary residence network access lines, along | 28 |
| with any associated untimed local usage charged on a per-call | 29 |
| basis and not subject to presubscription (for purposes of this | 30 |
| subsection, a primary residence network access line with such | 31 |
| usage shall be considered a stand-alone offering subject to | 32 |
| price cap, notwithstanding the purchase by the customer of | 33 |
| additional service elements, features or functionalities for | 34 |
| such line, so long as such additional service elements, | 35 |
| features, or functionalities are purchased on an individual | 36 |
| basis, and not as part of a service package, the additional |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| service elements, features, or functionalities for such line | 2 |
| shall not be subject to price cap); and (ii) a "qualifying | 3 |
| telecommunications carrier" is any incumbent local exchange | 4 |
| carrier that has entered into an approved interconnection | 5 |
| agreement with one or more unaffiliated competitive carriers as | 6 |
| a result of negotiations or arbitration pursuant to the | 7 |
| provisions of Section 251 of the federal Telecommunications Act | 8 |
| of 1996 or any successors or amendments thereof.
| 9 |
| (c) An alternative regulation plan approved under this | 10 |
| Section shall
provide, as a condition for Commission approval | 11 |
| of the plan, that for the
first 3 years the plan is in effect, | 12 |
| basic residence service rates shall be
no higher than those | 13 |
| rates in effect 180 days before the filing of the
plan. This | 14 |
| provision shall not be used as a justification or rationale for
| 15 |
| an increase in basic service rates for any other customer | 16 |
| class. For
purposes of this Section, "basic residence service | 17 |
| rates" shall mean
monthly recurring charges for the | 18 |
| telecommunications carrier's lowest
priced primary residence | 19 |
| network access lines, along
with any associated untimed or flat | 20 |
| rate local usage charges. Nothing in
this subsection (c) shall | 21 |
| preclude the Commission from approving an
alternative | 22 |
| regulation plan that results in rate reductions
provided all | 23 |
| the requirements of subsection (b) are satisfied by the plan.
| 24 |
| (d) Any alternative form of regulation granted for a | 25 |
| multi-year period
under this Section shall provide for annual | 26 |
| or more frequent reporting to
the Commission to document that | 27 |
| the requirements of the plan are being
properly implemented.
| 28 |
| (e) Upon petition by the telecommunications carrier or any | 29 |
| other person
or upon its own motion, the Commission may rescind | 30 |
| its approval of an
alternative form of regulation if, after | 31 |
| notice and hearing, it finds that
the conditions set forth in | 32 |
| subsection (b) of this Section can no longer be
satisfied. Any | 33 |
| person may file a complaint alleging that the rates charged
by | 34 |
| a telecommunications carrier under an alternative form of | 35 |
| regulation are
unfair, unjust, unreasonable, unduly | 36 |
| discriminatory, or are otherwise not
consistent with the |
|
|
|
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|
| 1 |
| requirements of this Article; provided, that the
complainant | 2 |
| shall bear the burden of proving the allegations in the | 3 |
| complaint.
| 4 |
| (f) Nothing in this Section shall be construed to authorize | 5 |
| the
Commission to render Sections 9-241, 9-250, and 13-505.2 | 6 |
| inapplicable to
noncompetitive services.
| 7 |
| (Source: P.A. 87-856 .)
| 8 |
| (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
| 9 |
| (Section scheduled to be repealed on July 1, 2005)
| 10 |
| Sec. 13-509. Agreements for provisions of competitive | 11 |
| telecommunications
services differing from tariffs. A | 12 |
| telecommunications carrier may negotiate
with customers or
| 13 |
| prospective customers to provide competitive | 14 |
| telecommunications service, and in
so
doing, may offer or agree | 15 |
| to provide such service on such terms and for
such rates or | 16 |
| charges as are reasonable, without regard to any
tariffs
it may | 17 |
| have filed with the Commission with respect to
such services. | 18 |
| Within 30 days after executing any such agreement,
the | 19 |
| telecommunications carrier shall submit to the Commission | 20 |
| written
notice of a list of any such agreements (which list may | 21 |
| be filed
electronically). The notice shall identify the general | 22 |
| nature
of all such agreements, the parties to each agreement, | 23 |
| and a general
description of
differences between each agreement | 24 |
| and the related tariff. A copy of each such
agreement and any | 25 |
| cost support required to be filed with the agreement by some
| 26 |
| other Section of this Act shall be provided to the Commission
| 27 |
| within 10 business days after a request for review of the | 28 |
| agreement is made by
the Commission or is made to the | 29 |
| Commission
by another telecommunications carrier.
Upon | 30 |
| submitting notice to the Commission of any such agreement, the
| 31 |
| telecommunications carrier shall thereafter provide service | 32 |
| according to the
terms thereof , unless the Commission finds, | 33 |
| after notice and hearing, that
the continued provision of | 34 |
| service pursuant to such agreement
would substantially and | 35 |
| adversely affect the financial integrity of the
|
|
|
|
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|
| 1 |
| telecommunications carrier or would violate any other
| 2 |
| provision of this Act . This Section does not apply to the | 3 |
| provision of competitive telecommunications services offered | 4 |
| or provided to business end users by a telecommunications | 5 |
| carrier that does not file tariffs for such business services | 6 |
| pursuant to Section 13-501.
| 7 |
| Any agreement or notice entered into or submitted pursuant | 8 |
| to the
provisions of this Section may, in the Commission's | 9 |
| discretion, be accorded
proprietary treatment.
| 10 |
| (Source: P.A. 92-22, eff. 6-30-01; 93-245, eff. 7-22-03.)
| 11 |
| (220 ILCS 5/13-514)
| 12 |
| (Section scheduled to be repealed on July 1, 2005)
| 13 |
| Sec. 13-514. Prohibited Actions of Telecommunications | 14 |
| Carriers. A
telecommunications carrier shall not knowingly | 15 |
| impede the
development of competition in any | 16 |
| telecommunications service
market. The following prohibited | 17 |
| actions are considered per se impediments to
the
development of | 18 |
| competition; however, the Commission is not limited in any
| 19 |
| manner to these enumerated impediments and may consider other | 20 |
| actions which
impede competition to be prohibited:
| 21 |
| (1) unreasonably refusing or delaying interconnections or | 22 |
| collocation or
providing inferior
connections to another | 23 |
| telecommunications carrier;
| 24 |
| (2) unreasonably impairing the speed, quality, or | 25 |
| efficiency of services
used
by another telecommunications | 26 |
| carrier;
| 27 |
| (3) unreasonably denying a request of another provider for
| 28 |
| information regarding the technical design and features,
| 29 |
| geographic coverage, information necessary for the design of | 30 |
| equipment, and
traffic capabilities of the local
exchange | 31 |
| network except for proprietary information unless such | 32 |
| information is
subject to a proprietary agreement or protective | 33 |
| order;
| 34 |
| (4) unreasonably delaying access in connecting another | 35 |
| telecommunications
carrier to the local exchange network whose |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| product or service requires novel
or specialized
access | 2 |
| requirements;
| 3 |
| (5) unreasonably refusing or delaying access by any person | 4 |
| to another
telecommunications carrier;
| 5 |
| (6) unreasonably acting or failing to act in a manner that | 6 |
| has a substantial
adverse effect on the ability of another | 7 |
| telecommunications
carrier to provide service to its | 8 |
| customers;
| 9 |
| (7) unreasonably failing to offer services to customers in | 10 |
| a local exchange,
where a telecommunications carrier is | 11 |
| certificated to provide
service and has entered into an | 12 |
| interconnection agreement
for the provision of local exchange | 13 |
| telecommunications
services, with the intent to delay or impede | 14 |
| the ability of the
incumbent local exchange telecommunications | 15 |
| carrier to
provide inter-LATA telecommunications services;
| 16 |
| (8) violating the terms of or unreasonably delaying | 17 |
| implementation of an
interconnection agreement entered into | 18 |
| pursuant to Section 252 of the federal
Telecommunications Act | 19 |
| of 1996 in a manner that unreasonably delays,
increases the | 20 |
| cost, or
impedes the availability of telecommunications | 21 |
| services to
consumers;
| 22 |
| (9) unreasonably refusing or delaying access to or | 23 |
| provision of
operation support systems to another | 24 |
| telecommunications carrier or providing
inferior operation | 25 |
| support systems to another telecommunications carrier;
| 26 |
| (10) unreasonably failing to offer network elements that | 27 |
| the Commission or
the Federal Communications Commission has | 28 |
| determined must be offered on an
unbundled basis to another | 29 |
| telecommunications carrier in a manner consistent
with the | 30 |
| Commission's or Federal Communications Commission's orders or | 31 |
| rules
requiring such offerings;
| 32 |
| (11) violating the obligations of Section 13-801; and
| 33 |
| (12) violating an order of the Commission regarding matters | 34 |
| between
telecommunications
carriers.
| 35 |
| (Source: P.A. 92-22, eff. 6-30-01.)
|
|
|
|
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|
| 1 |
| (220 ILCS 5/13-515)
| 2 |
| (Section scheduled to be repealed on July 1, 2005)
| 3 |
| Sec. 13-515. Enforcement.
| 4 |
| (a) The following expedited procedures shall be used
to | 5 |
| enforce the provisions of Section 13-514 of this
Act. However, | 6 |
| the
Commission, the complainant, and the respondent may | 7 |
| mutually agree to adjust
the
procedures established in this | 8 |
| Section.
| 9 |
| (b) (Blank).
| 10 |
| (c) No complaint may be filed under this Section until the
| 11 |
| complainant has first notified the respondent of the alleged
| 12 |
| violation and offered the respondent 5 business days
48 hours
| 13 |
| to correct the situation. Provision of notice and the
| 14 |
| opportunity to correct the situation creates a rebuttable | 15 |
| presumption of
knowledge under Section 13-514.
After the filing | 16 |
| of a complaint under this Section, the parties may agree to
| 17 |
| follow the mediation process under Section 10-101.1 of this | 18 |
| Act. The time
periods specified in subdivision (d)(7) of this | 19 |
| Section shall be tolled
during the time
spent in mediation | 20 |
| under Section 10-101.1.
| 21 |
| (d) A telecommunications carrier may file a complaint with | 22 |
| the
Commission alleging a violation of Section 13-514 in
| 23 |
| accordance with this subsection:
| 24 |
| (1) The complaint shall be filed with the Chief Clerk | 25 |
| of the
Commission and shall be served in hand upon the
| 26 |
| respondent, the executive director, and the general
| 27 |
| counsel of the Commission at the time of the filing.
| 28 |
| (2) A complaint filed under this subsection shall | 29 |
| include a
statement that the requirements of subsection (c)
| 30 |
| have been fulfilled and that the respondent did not
correct | 31 |
| the situation as requested.
| 32 |
| (3) Reasonable discovery specific to the issue of the | 33 |
| complaint may
commence upon filing of the complaint.
| 34 |
| Requests for discovery must be served in hand and
responses | 35 |
| to discovery must be provided in hand to
the requester | 36 |
| within 14 days after a request for
discovery is made.
|
|
|
|
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| 1 |
| (4) An answer and any other responsive pleading to the
| 2 |
| complaint shall be filed with the Commission and
served in | 3 |
| hand at the same time upon the
complainant, the executive | 4 |
| director, and the general
counsel of the Commission within | 5 |
| 7 days after the
date on which the complaint is filed.
| 6 |
| (5) If the answer or responsive pleading raises the | 7 |
| issue that the
complaint violates subsection (i) of this | 8 |
| Section, the complainant may file a
reply to
such | 9 |
| allegation within 3 days after actual service of such | 10 |
| answer or responsive
pleading. Within 4 days after the time | 11 |
| for filing a reply has expired, the
hearing officer or | 12 |
| arbitrator shall either issue a written decision | 13 |
| dismissing
the complaint as frivolous in violation of | 14 |
| subsection (i) of this Section
including the
reasons for | 15 |
| such disposition or shall issue an order directing that the
| 16 |
| complaint shall proceed.
| 17 |
| (6) A pre-hearing conference shall be held within 14 | 18 |
| days
after the date on which the complaint is filed.
| 19 |
| (7) The hearing shall commence within 30 days of the
| 20 |
| date on which the complaint is filed. The hearing may
be | 21 |
| conducted by a hearing examiner or by an
arbitrator. | 22 |
| Parties and the Commission staff shall be
entitled to | 23 |
| present evidence and legal argument in oral
or written form | 24 |
| as deemed appropriate by the hearing examiner or | 25 |
| arbitrator.
The hearing examiner or arbitrator shall issue
| 26 |
| a written decision within 60 days after the date on
which | 27 |
| the complaint is filed. The decision shall
include reasons | 28 |
| for the disposition of the complaint
and, if a violation of | 29 |
| Section 13-514 is found, directions
and a deadline for | 30 |
| correction of the violation.
| 31 |
| (8) Any party may file a petition requesting the | 32 |
| Commission to review
the decision of the hearing examiner | 33 |
| or arbitrator within 5 days of such
decision. Any party may | 34 |
| file a response to a petition for review within 3
business | 35 |
| days after actual service of the petition. After the time | 36 |
| for filing
of the petition for review, but no later than 15 |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| days after the decision of the
hearing examiner or | 2 |
| arbitrator, the Commission shall decide to adopt the
| 3 |
| decision of the hearing examiner or arbitrator or shall | 4 |
| issue its own final
order.
| 5 |
| (e) If the alleged violation has a substantial adverse | 6 |
| effect
on the ability of the complainant to provide service to
| 7 |
| customers, the complainant may include in its complaint a
| 8 |
| request for an order for emergency relief. The
Commission, | 9 |
| acting through its designated hearing
examiner or arbitrator, | 10 |
| shall act upon such a request
within 2 business days of the | 11 |
| filing of the complaint. An order for
emergency relief may be | 12 |
| granted, without an evidentiary
hearing, upon a verified | 13 |
| factual showing that the party
seeking relief will likely | 14 |
| succeed on the merits, that the
party will suffer irreparable | 15 |
| harm in its ability to serve
customers if emergency relief is | 16 |
| not granted, and that the
order is in the public interest. An | 17 |
| order for emergency
relief shall include a finding that the | 18 |
| requirements of this
subsection have been fulfilled and shall | 19 |
| specify the
directives that must be fulfilled by the respondent | 20 |
| and
deadlines for meeting those directives. The decision of
the | 21 |
| hearing examiner or arbitrator to grant or deny
emergency | 22 |
| relief shall be considered an order of the
Commission unless | 23 |
| the Commission enters its own order within 2 calendar days of
| 24 |
| the decision of the hearing examiner or arbitrator. The order | 25 |
| for emergency
relief may require
the responding party to act or | 26 |
| refrain from acting so as to
protect the provision of | 27 |
| competitive service offerings to
customers. Any action | 28 |
| required by an emergency relief
order must be technically | 29 |
| feasible and economically reasonable and the
respondent
must be | 30 |
| given a reasonable period of time to comply with
the order.
| 31 |
| (f) The Commission is authorized to obtain outside | 32 |
| resources
including, but not limited to, arbitrators and | 33 |
| consultants for
the purposes of the hearings authorized by this | 34 |
| Section.
Any arbitrator or consultant obtained by the | 35 |
| Commission
shall be approved by both parties to the hearing.
| 36 |
| The cost of such outside resources including, but not limited |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| to, arbitrators
and consultants shall be borne by the parties. | 2 |
| The Commission shall review
the bill for reasonableness and | 3 |
| assess the parties for reasonable costs
dividing the costs | 4 |
| according to the resolution of the complaint brought under
this | 5 |
| Section. Such costs shall be paid by the parties directly to | 6 |
| the
arbitrators, consultants, and other providers of outside | 7 |
| resources within 60
days after receiving notice of the | 8 |
| assessments from the Commission. Interest
at the statutory rate | 9 |
| shall accrue after expiration of the 60-day period. The
| 10 |
| Commission, arbitrators, consultants, or other providers of | 11 |
| outside
resources may apply to a court of competent | 12 |
| jurisdiction for an order
requiring payment.
| 13 |
| (g) The Commission shall assess the parties under this | 14 |
| subsection for
all of the
Commission's costs of investigation | 15 |
| and conduct of the
proceedings brought under this Section | 16 |
| including, but not limited to, the
prorated salaries of staff, | 17 |
| attorneys, hearing examiners, and support
personnel and | 18 |
| including any travel and per diem, directly attributable to the
| 19 |
| complaint brought pursuant to this Section, but excluding those | 20 |
| costs provided
for in subsection (f), dividing the costs | 21 |
| according to the resolution of
the complaint brought under this | 22 |
| Section. All
assessments made under this subsection shall be | 23 |
| paid into the Public
Utility Fund within
60 days after | 24 |
| receiving notice of the assessments from the
Commission. | 25 |
| Interest at the statutory rate shall accrue after
the | 26 |
| expiration of the 60 day period. The Commission is
authorized | 27 |
| to apply to a court of competent jurisdiction for an
order | 28 |
| requiring payment.
| 29 |
| (h) If the Commission determines that there is an imminent
| 30 |
| threat to competition or to the public interest, the
Commission | 31 |
| may, notwithstanding any other provision of this Act, seek
| 32 |
| temporary, preliminary, or permanent
injunctive relief from a | 33 |
| court of competent jurisdiction either
prior to or after the | 34 |
| hearing.
| 35 |
| (i) A party shall not bring or defend a proceeding brought | 36 |
| under
this Section or assert or controvert an issue in a |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| proceeding brought under
this Section, unless
there is a | 2 |
| non-frivolous basis for doing so. By presenting a
pleading, | 3 |
| written motion, or other paper in complaint or
defense of the | 4 |
| actions or inaction of a party under this
Section, a party is | 5 |
| certifying to the Commission that to the
best of that party's | 6 |
| knowledge, information, and belief,
formed after a reasonable | 7 |
| inquiry of the subject matter of the
complaint or defense, that | 8 |
| the complaint or defense is well
grounded in law and fact, and | 9 |
| under the circumstances:
| 10 |
| (1) it is not being presented to harass the other | 11 |
| party,
cause unnecessary delay in the provision of
| 12 |
| competitive telecommunications services to
consumers, or | 13 |
| create needless increases in the cost of
litigation; and
| 14 |
| (2) the allegations and other factual contentions have
| 15 |
| evidentiary support or, if specifically so identified, are
| 16 |
| likely to have evidentiary support after reasonable
| 17 |
| opportunity for further investigation or discovery as | 18 |
| defined herein.
| 19 |
| (j) If, after notice and a reasonable opportunity to | 20 |
| respond,
the Commission determines that subsection (i) has been
| 21 |
| violated, the Commission shall impose appropriate
sanctions | 22 |
| upon the party or parties that have violated
subsection (i) or | 23 |
| are responsible for the violation. The
sanctions shall be not | 24 |
| more than $30,000, plus the
amount of expenses accrued by the | 25 |
| Commission for
conducting the hearing. Payment of sanctions | 26 |
| imposed under this subsection
shall be made to the Common | 27 |
| School Fund within 30 days of
imposition of such sanctions.
| 28 |
| (k) An appeal of a Commission Order made pursuant to this
| 29 |
| Section shall not effectuate a stay of the Order unless a court
| 30 |
| of competent jurisdiction specifically finds that the party
| 31 |
| seeking the stay will likely succeed on the merits, that the | 32 |
| party
will suffer irreparable harm without the stay, and that | 33 |
| the stay is
in the public interest.
| 34 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 35 |
| (220 ILCS 5/13-517)
|
|
|
|
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|
| 1 |
| (Section scheduled to be repealed on July 1, 2005)
| 2 |
| Sec. 13-517. Provision of advanced telecommunications | 3 |
| services.
| 4 |
| (a) Every Incumbent Local Exchange Carrier
Local Exchange | 5 |
| Carrier (telecommunications carrier that
offers or provides a | 6 |
| noncompetitive telecommunications service) shall offer or
| 7 |
| provide advanced telecommunications services to not less than | 8 |
| 80% of its
customers by January 1, 2005. An Incumbent Local | 9 |
| Exchange Carrier may satisfy this requirement through services | 10 |
| offered or provided by an affiliate.
| 11 |
| (b) The Commission is authorized to grant a full or partial | 12 |
| waiver of the
requirements of this Section upon verified | 13 |
| petition of any Incumbent Local
Exchange Carrier ("ILEC") which | 14 |
| demonstrates that full compliance with the
requirements of this | 15 |
| Section would be unduly economically burdensome or
technically | 16 |
| infeasible or otherwise impractical in exchanges with low
| 17 |
| population density. Notice of any such petition must be given | 18 |
| to all
potentially affected customers. If no potentially | 19 |
| affected customer requests
the opportunity for a hearing on the | 20 |
| waiver petition, the Commission may, in
its discretion, allow | 21 |
| the waiver request to take affect without hearing. The
| 22 |
| Commission shall grant such petition to the extent that, and | 23 |
| for such duration
as, the Commission determines that such | 24 |
| waiver:
| 25 |
| (1) is necessary:
| 26 |
| (A) to avoid a significant adverse economic impact | 27 |
| on users of
telecommunications services generally;
| 28 |
| (B) to avoid imposing a requirement that is unduly | 29 |
| economically
burdensome;
| 30 |
| (C) to avoid imposing a requirement that is | 31 |
| technically infeasible;
or
| 32 |
| (D) to avoid imposing a requirement that is | 33 |
| otherwise impractical
to implement in exchanges with | 34 |
| low population density; and
| 35 |
| (2) is consistent with the public interest, | 36 |
| convenience, and necessity.
|
|
|
|
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|
| 1 |
| The Commission shall act upon any petition filed under this | 2 |
| subsection within
180 days after receiving such petition. The | 3 |
| Commission may by rule establish
standards for granting any | 4 |
| waiver of the requirements of this Section. The
Commission may, | 5 |
| upon complaint or on its own motion, hold a hearing to
| 6 |
| reconsider its grant of a waiver in whole or in part. In the | 7 |
| event that the
Commission, following hearing, determines that | 8 |
| the affected ILEC no longer
meets the requirements of item (2) | 9 |
| of this subsection, the Commission shall
by order rescind such | 10 |
| waiver, in whole or in part. In the event and to the
degree the | 11 |
| Commission rescinds such waiver, the Commission shall | 12 |
| establish an
implementation schedule for compliance with the | 13 |
| requirements of this Section.
| 14 |
| (c) As used in this Section, "advanced telecommunications | 15 |
| services" means
services capable of
supporting, in at least one | 16 |
| direction, a speed in excess of 200 kilobits per
second (kbps) | 17 |
| to the network demarcation point at the subscriber's premises.
| 18 |
| As used in this Section, "affiliate" means a person that is | 19 |
| (directly or indirectly) owned or controlled by, or is under | 20 |
| common ownership or control with, another person. As used in | 21 |
| this Section, "person" includes an individual, partnership, | 22 |
| association, joint stock company, trust, corporation, or | 23 |
| limited liability company.
| 24 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 25 |
| (220 ILCS 5/13-518.1 new)
| 26 |
| Sec. 13-518.1. Retail service packages. Notwithstanding | 27 |
| any other provisions of this Act: | 28 |
| (1) A telecommunications carrier may offer retail | 29 |
| telecommunications services, both competitive and | 30 |
| noncompetitive, and non-regulated services or products, in | 31 |
| a package to residential and business end users so long as | 32 |
| the total price of such service package exceeds the | 33 |
| long-run service incremental cost of the | 34 |
| telecommunications services included in the service | 35 |
| package. The telecommunications services included in a |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| service package may be offered under the rates, terms and | 2 |
| conditions of the service package so long as each of the | 3 |
| noncompetitive or price-capped competitive | 4 |
| telecommunications services contained within such service | 5 |
| package is separately tariffed and offered to end users on | 6 |
| a stand-alone basis. To the extent the service package | 7 |
| includes non-regulated services or products, the | 8 |
| Commission shall have no jurisdiction over the prices, | 9 |
| terms or conditions for the offering of such non-regulated | 10 |
| services or products nor shall such non-regulated services | 11 |
| or products be required to be included in the service | 12 |
| package tariff. For purposes of this Section | 13 |
| "non-regulated services or products" means anything that | 14 |
| is neither a competitive telecommunications service nor a | 15 |
| noncompetitive telecommunications service as defined in | 16 |
| this Article. | 17 |
| (2) Any retail service package that contains both | 18 |
| competitive retail telecommunications services and | 19 |
| noncompetitive retail telecommunications services shall be | 20 |
| classified as a retail competitive telecommunications | 21 |
| service, without further Commission review, so long as each | 22 |
| noncompetitive telecommunications service within the | 23 |
| package is separately tariffed and offered to end users on | 24 |
| a stand-alone basis.
| 25 |
| (220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)
| 26 |
| (Section scheduled to be repealed on July 1, 2005)
| 27 |
| Sec. 13-701. Telephone cooperatives; supervision by | 28 |
| Commission; annual financial report.
| 29 |
| (a) Notwithstanding any other provision of this Act to the
| 30 |
| contrary, the Commission has no power to supervise or control | 31 |
| any telephone
cooperative as respects assessment schedules or | 32 |
| local service rates made or
charged by such a cooperative on a | 33 |
| nondiscriminatory basis. In addition,
the Commission has no | 34 |
| power to inquire into, or require the submission of,
the terms, | 35 |
| conditions or agreements by or under which telephone
|
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| cooperatives are financed. A telephone cooperative shall file | 2 |
| with the
Commission either a copy of the annual financial | 3 |
| report required by the
Rural Electrification Administration, | 4 |
| or the annual financial report
required of other public | 5 |
| utilities.
| 6 |
| (b) Sections 13-712 and 13-713 of this Article do not apply | 7 |
| to telephone cooperatives.
| 8 |
| (Source: P.A. 84-1063 .)
| 9 |
| (220 ILCS 5/13-712)
| 10 |
| (Section scheduled to be repealed on July 1, 2005)
| 11 |
| Sec. 13-712. Basic local exchange service quality; | 12 |
| customer credits.
| 13 |
| (a) It is the intent of the General Assembly that every | 14 |
| telecommunications
carrier meet
minimum service quality | 15 |
| standards in providing basic local exchange service on
a | 16 |
| non-discriminatory basis to all classes of customers.
| 17 |
| (b) Definitions:
| 18 |
| (1) "Alternative telephone service" means, except | 19 |
| where technically
impracticable, a
wireless telephone | 20 |
| capable of making local calls, and may also include, but is
| 21 |
| not
limited to, call forwarding, voice mail, or paging | 22 |
| services.
| 23 |
| (2) "Basic local exchange service" means residential | 24 |
| and business lines
used
for local
exchange | 25 |
| telecommunications service as defined in Section 13-204 of | 26 |
| this Act,
excluding:
| 27 |
| (A) services that employ advanced | 28 |
| telecommunications capability as
defined
in Section | 29 |
| 706(c)(1) of the federal Telecommunications Act of | 30 |
| 1996;
| 31 |
| (B) vertical services;
| 32 |
| (C) company official lines; and
| 33 |
| (D) records work only.
| 34 |
| (3) "Link Up" refers to the Link Up Assistance program | 35 |
| defined and
established
at 47
C.F.R. Section 54.411 et seq. |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| as amended.
| 2 |
| (c) The Commission shall promulgate service quality rules
| 3 |
| for basic local exchange service, which may include fines, | 4 |
| penalties, customer
credits, and other enforcement mechanisms | 5 |
| and which shall apply equally to all telecommunications | 6 |
| carriers providing basic local exchange service. Each service | 7 |
| quality standard in such rules shall be reasonable, and any | 8 |
| fines, penalties, customer credits and enforcement mechanisms | 9 |
| shall be proportionate to the violation of that service quality | 10 |
| standard . In developing such service quality
rules ,
for | 11 |
| imposing such fines, penalties, customer credits and other | 12 |
| enforcement mechanisms, the Commission shall consider, at a | 13 |
| minimum, the carrier's gross annual
intrastate revenue; the | 14 |
| frequency, duration, and recurrence of the violation;
and the | 15 |
| relative harm caused to the affected customer or other users of | 16 |
| the
network. In imposing fines, the Commission shall take into | 17 |
| account
compensation or credits paid by the telecommunications | 18 |
| carrier to its customers
pursuant to this Section in | 19 |
| compensation for the violation found pursuant to
this Section. | 20 |
| These rules shall become effective within one year after the
| 21 |
| effective date of this amendatory Act of the 92nd General | 22 |
| Assembly.
| 23 |
| (d) The rules shall, at a minimum, require each | 24 |
| telecommunications carrier
to do all of the following:
| 25 |
| (1) Install basic local exchange service within 5 | 26 |
| business days after
receipt
of an
order from the customer | 27 |
| unless the customer requests an installation date that
is
| 28 |
| beyond 5 business days after placing the order for basic | 29 |
| service and to inform
the customer of its duty to install | 30 |
| service within this timeframe. If
installation
of
service | 31 |
| is requested on or by a date more than 5 business days in | 32 |
| the future,
the
telecommunications carrier shall install | 33 |
| service by the date requested. A
telecommunications | 34 |
| carrier offering basic local exchange service utilizing | 35 |
| the
network or network elements of another carrier shall | 36 |
| install new lines for
basic local exchange service within 3 |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| business days after provisioning of the
line or lines by | 2 |
| the carrier whose network or network elements are being
| 3 |
| utilized is complete. This
subdivision (d)(1) does not | 4 |
| apply to the migration of a customer between
| 5 |
| telecommunications carriers, so long as the customer | 6 |
| maintains dial tone.
| 7 |
| (2) Restore basic local exchange service for a customer | 8 |
| within 24 hours of
receiving
notice that a customer is out | 9 |
| of service. This provision applies to service
disruptions | 10 |
| that occur when a customer switches existing basic local | 11 |
| exchange
service from one carrier to another.
| 12 |
| (3) Keep all repair and installation appointments for | 13 |
| basic local exchange
service,
when a customer premises | 14 |
| visit requires a customer to be present.
| 15 |
| (4) Inform a customer when a repair or installation | 16 |
| appointment requires
the customer to be present.
| 17 |
| (e) The rules shall include provisions for customers to be
| 18 |
| credited by the
telecommunications carrier for violations of | 19 |
| basic local exchange service
quality
standards as described in | 20 |
| subsection (d).
The credits shall be applied on the statement | 21 |
| issued to the
customer for the next monthly billing cycle | 22 |
| following the violation or
following the discovery of the | 23 |
| violation.
The performance levels established in subsection | 24 |
| (c) are solely for the
purposes
of consumer credits and shall | 25 |
| not be used as performance levels for the
purposes of
assessing | 26 |
| penalties under Section 13-305.
At a minimum, the rules shall
| 27 |
| include the following:
| 28 |
| (1) If a carrier fails to repair an out-of-service | 29 |
| condition for basic
local
exchange service within 24 hours, | 30 |
| the carrier shall provide a credit to
the customer. If the | 31 |
| service disruption is for 48 hours or less, the
credit must | 32 |
| be equal to a pro-rata portion of the monthly recurring | 33 |
| charges for
all
local services disrupted. If the service | 34 |
| disruption is for more than 48
hours, but not more than 72 | 35 |
| hours, the credit must be equal to at least
33% of one | 36 |
| month's recurring charges for all local services |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| disrupted. If the
service disruption is for more than 72 | 2 |
| hours, but not more than 96
hours, the credit must be equal | 3 |
| to at least 67% of one month's
recurring charges for all | 4 |
| local services disrupted. If the service disruption
is for
| 5 |
| more than 96 hours, but not more than 120 hours, the credit | 6 |
| must be equal to
one month's recurring charges for all
| 7 |
| local
services disrupted. For each day or portion thereof | 8 |
| that the service
disruption continues beyond
the initial | 9 |
| 120-hour period, the carrier shall also provide either | 10 |
| alternative
telephone service or
an additional credit of | 11 |
| $20 per day, at the customers option.
| 12 |
| (2) If a carrier fails to install basic local exchange | 13 |
| service as required
under subdivision (d)(1),
the carrier | 14 |
| shall waive 50% of
any installation charges, or in the | 15 |
| absence of an installation charge or where
installation is | 16 |
| pursuant to the Link Up
program, the carrier shall provide | 17 |
| a credit of $25. If a carrier fails to
install service | 18 |
| within 10 business days after the service application is
| 19 |
| placed, or fails to install service within 5 business days | 20 |
| after the customer's
requested installation date, if the | 21 |
| requested date was more than 5 business
days after the date | 22 |
| of the order, the carrier shall waive 100% of the
| 23 |
| installation charge, or in the absence of an installation | 24 |
| charge or where
installation is provided pursuant to the | 25 |
| Link Up program, the carrier shall
provide a credit of $50. | 26 |
| For each day that the failure to install service
continues | 27 |
| beyond the initial 10 business days, or beyond 5 business | 28 |
| days after
the customer's requested installation date, if | 29 |
| the requested date was more than
5 business days after the | 30 |
| date of the order, the
carrier shall also provide either | 31 |
| alternative telephone service or an
additional credit of | 32 |
| $20 per day, at the customer's option until service is
| 33 |
| installed.
| 34 |
| (3) If a carrier fails to keep a scheduled repair or | 35 |
| installation
appointment when a customer premises visit | 36 |
| requires a customer to be present,
the carrier shall credit |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| the customer $50 per missed appointment.
A credit required | 2 |
| by this subsection does not apply when the carrier provides
| 3 |
| the customer with 24-hour notice of its inability to keep | 4 |
| the appointment.
| 5 |
| (4) If the violation of a basic local exchange service | 6 |
| quality standard is
caused by a carrier other than the | 7 |
| carrier providing retail
service to the customer, the
| 8 |
| carrier providing retail service to the customer shall | 9 |
| credit the customer as
provided
in this Section. The | 10 |
| carrier causing the violation shall
reimburse the carrier | 11 |
| providing retail service the amount credited the
customer.
| 12 |
| When applicable, an interconnection agreement shall govern | 13 |
| compensation between
the carrier causing the violation, in | 14 |
| whole or in part, and the retail carrier
providing the | 15 |
| credit to the customer.
| 16 |
| (5) When alternative telephone service is appropriate, | 17 |
| the customer may
select one of the alternative telephone | 18 |
| services offered by the carrier. The
alternative telephone | 19 |
| service shall be provided at no
cost to the customer for | 20 |
| the provision of local service.
| 21 |
| (6) Credits required by this subsection do not apply if | 22 |
| the violation of a
service
quality standard:
| 23 |
| (i) occurs as a result of a negligent or willful | 24 |
| act on the part of the
customer;
| 25 |
| (ii) occurs as a result of a malfunction of | 26 |
| customer-owned telephone
equipment or inside wiring;
| 27 |
| (iii) occurs as a result of, or is extended by, an | 28 |
| emergency situation
as defined in
Commission rules;
| 29 |
| (iv) is extended by the carrier's inability to gain | 30 |
| access to the
customer's
premises due to the customer | 31 |
| missing an appointment, provided that the
violation is | 32 |
| not further extended by the carrier;
| 33 |
| (v) occurs as a result of a customer request to | 34 |
| change the scheduled
appointment, provided
that the | 35 |
| violation is not further extended by the carrier;
| 36 |
| (vi) occurs as a result of a carrier's right to |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| refuse service to a
customer as provided in Commission | 2 |
| rules; or
| 3 |
| (vii) occurs as a result of a lack of facilities | 4 |
| where a customer
requests service at a geographically
| 5 |
| remote location, a customer requests service in a | 6 |
| geographic area where the
carrier is not currently | 7 |
| offering service, or there are insufficient facilities
| 8 |
| to meet the customer's request for service, subject to | 9 |
| a carrier's obligation
for reasonable facilities | 10 |
| planning.
| 11 |
| (7) The provisions of this subsection are cumulative | 12 |
| and shall not in any
way
diminish or replace other civil or | 13 |
| administrative remedies available to a
customer
or a class | 14 |
| of customers.
| 15 |
| (e-5) If a telecommunications carrier that is subject to an
| 16 |
| alternative form of regulation plan on the effective date of | 17 |
| this
amendatory Act of the 94th General Assembly fails to | 18 |
| comply with the
requirements set forth in paragraphs (1), (2), | 19 |
| and (3) of subsection (e) regarding
basic local exchange | 20 |
| service provided to residential end users, the
credits to be | 21 |
| paid or charges to be waived shall be calculated as set
forth | 22 |
| in subsection (e), except that any such credits or charges to | 23 |
| be waived shall be 10% higher than those set forth in those
| 24 |
| paragraphs. This subsection shall take effect 6 months after | 25 |
| the effective date of this amendatory Act of the 94th General | 26 |
| Assembly.
| 27 |
| (e-10) Notwithstanding any other provision in this Section | 28 |
| or Article, a telecommunications carrier that is subject to an | 29 |
| alternative form of regulation plan on the date of the | 30 |
| effective date of this amendatory Act of the 94th General | 31 |
| Assembly shall be subject to the following conditions if it | 32 |
| elects to be subject to a dial tone protection plan pursuant to | 33 |
| Section 13-506.1 of this Article: | 34 |
| (1) Such prior alternative regulation | 35 |
| telecommunications carrier shall continue to be subject to | 36 |
| the retail service quality measures, exclusions,
|
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| calculations and standards set forth in the Commission's | 2 |
| orders in the proceeding in which such plan was adopted, | 3 |
| but such telecommunications carrier shall not be subject to | 4 |
| any retail service quality-related rate reductions or | 5 |
| penalties that may have applied under such plan or the | 6 |
| Commission's orders; | 7 |
| (2) To the extent the measures adopted under such an
| 8 |
| alternative form of regulation plan are also contained in | 9 |
| the rules promulgated by the Commission pursuant to this | 10 |
| Section, the retail service quality measures, exclusions, | 11 |
| calculations and standards adopted pursuant to the | 12 |
| Commission's order in the proceeding in which such prior | 13 |
| alternative regulation plan was adopted shall apply rather | 14 |
| than such rules, except to the extent the service quality | 15 |
| standard provided in the rules is more stringent; | 16 |
| (3) Such telecommunications carrier shall also be | 17 |
| subject to
any measures that are contained in the rules | 18 |
| promulgated by the
Commission pursuant to this Section that | 19 |
| are not measures that are included in such | 20 |
| telecommunications carrier's alternative form of | 21 |
| regulation plan; | 22 |
| (4) The civil penalties applicable to any violations of | 23 |
| items (1) through (3) of this subsection are set forth in | 24 |
| Section 13-305; and | 25 |
| (5) Such telecommunications carrier shall report its | 26 |
| performance measurement results pursuant to items (1) | 27 |
| through (3) of this subsection to the Commission consistent | 28 |
| with the requirements of subsection (f) of this Section.
| 29 |
| (f) The rules shall require each telecommunications | 30 |
| carrier to provide to
the Commission, on
a quarterly basis and | 31 |
| in a form suitable for posting on the Commission's
website, a | 32 |
| public
report that includes performance data for basic local | 33 |
| exchange service quality
of service.
The performance data shall | 34 |
| be disaggregated for each geographic area and each
customer | 35 |
| class of the
State for
which the telecommunications carrier | 36 |
| internally monitored performance data as
of a date
120 days |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| preceding the effective date of this amendatory Act of the 92nd
| 2 |
| General Assembly. The report shall
include, at
a minimum, | 3 |
| performance data on basic local exchange service | 4 |
| installations,
lines out of
service for more than 24 hours, | 5 |
| carrier response to customer calls, trouble
reports, and
missed | 6 |
| repair and installation commitments.
| 7 |
| (g) The Commission shall establish and implement carrier to | 8 |
| carrier
wholesale service
quality rules and establish remedies | 9 |
| to ensure enforcement of the rules. These rules shall become
| 10 |
| effective within one year after the effective date of this
| 11 |
| amendatory Act of the 94th General Assembly. The wholesale
| 12 |
| service quality rules and standards shall be reasonable and
any | 13 |
| remedies shall be proportionate to the actual damages, if
any, | 14 |
| to the other telecommunications carrier. Any
| 15 |
| carrier-to-carrier rules developed by the Commission pursuant
| 16 |
| to this subsection shall: (1) not exceed the duties imposed on
| 17 |
| telecommunications carriers pursuant to Section 251 of the
| 18 |
| federal Telecommunications Act of 1996 and regulations | 19 |
| promulgated thereunder or any amendments and successors
| 20 |
| thereof; (2) only relate to basic local exchange service to end
| 21 |
| users and shall specify the terms and conditions regarding the | 22 |
| transfer of customer information, telephone numbers, and
| 23 |
| required unbundled network elements when a basic local exchange
| 24 |
| end user customer transfers from one telecommunications
| 25 |
| carrier to another telecommunications carrier; (3) apply | 26 |
| equally to any telecommunications carrier providing basic | 27 |
| local exchange service; (4) include no more than 12 performance | 28 |
| measures; and (5) be the only wholesale service
quality rules | 29 |
| that apply at the expiration of any wholesale performance plan | 30 |
| previously adopted by the Commission for any | 31 |
| telecommunications carrier prior to the amendment of this
| 32 |
| subsection or on July 1, 2007, whichever date is earlier. At a | 33 |
| minimum, the rules shall include measures for unbundled loop | 34 |
| return, return of customer service records, loss | 35 |
| notifications, and number portability with remedies. Any | 36 |
| telecommunications carrier that is not subject to a |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| Commission-approved remedy plan as of the effective date of | 2 |
| this amendatory Act of the 94th General Assembly shall have 6 | 3 |
| months after the effective date of the rules promulgated | 4 |
| pursuant to this subsection under this amendatory Act of the | 5 |
| 94th General Assembly to comply with the requirements of this | 6 |
| subsection, to the extent that the rules promulgated pursuant | 7 |
| to this amendatory Act contain measures to which such carrier | 8 |
| was not subject as of the effective date of this amendatory | 9 |
| Act. Nothing in this Section is intended to limit the ability | 10 |
| of a telecommunications carrier to seek inclusion of | 11 |
| performance measures and remedies in the context of arbitration | 12 |
| before the Commission pursuant to Section 252 of the federal | 13 |
| Telecommunications Act of 1996. This subsection shall not apply | 14 |
| to certain rural telephone companies subject to 47 U.S.C. | 15 |
| 251(f).
| 16 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 17 |
| (220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
| 18 |
| (Section scheduled to be repealed on July 1, 2005)
| 19 |
| Sec. 13-801. Incumbent local exchange carrier obligations.
| 20 |
| (a) This Section provides
additional State requirements | 21 |
| for incumbent local exchange carriers that the General Assembly | 22 |
| believes are consistent with and not preempted by
contemplated | 23 |
| by, but not inconsistent with,
Section
261(c) of the federal | 24 |
| Telecommunications Act of 1996, and regulations promulgated | 25 |
| thereunder or any amendments or successors thereof.
not | 26 |
| preempted by
orders of the Federal Communications Commission.
A | 27 |
| telecommunications carrier not subject to regulation under an | 28 |
| alternative
regulation plan pursuant to Section 13-506.1
of | 29 |
| this Act shall not be subject to the provisions of this | 30 |
| Section, to the
extent that this Section imposes requirements | 31 |
| or obligations upon the
telecommunications carrier that exceed | 32 |
| or are more stringent than those
obligations imposed by Section | 33 |
| 251 of the federal Telecommunications Act of
1996 and | 34 |
| regulations promulgated thereunder.
| 35 |
| Nothing in this Article or this Section shall be construed |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| to require any incumbent local exchange carrier to provide any | 2 |
| other telecommunications carrier with interconnection, | 3 |
| collocation, access to any network element, whether unbundled | 4 |
| or combined with other network elements, or resale where the | 5 |
| Federal Communications Commission does not require such | 6 |
| interconnection, collocation, access to any network element, | 7 |
| or resale to be provided pursuant to Section 251 of the federal | 8 |
| Telecommunications Act of 1996 or any amendment or successor | 9 |
| thereof.
| 10 |
| An incumbent local exchange carrier shall provide a | 11 |
| requesting
telecommunications carrier with interconnection, | 12 |
| collocation, network elements,
and
access to operations | 13 |
| support systems on just, reasonable, and nondiscriminatory
| 14 |
| rates,
terms, and
conditions to enable the provision of any and | 15 |
| all existing and new
telecommunications
services within the | 16 |
| LATA, including, but not limited to, local exchange and
| 17 |
| exchange
access. The Commission shall require the incumbent | 18 |
| local exchange carrier to
provide
interconnection, | 19 |
| collocation, and network elements in any manner technically
| 20 |
| feasible to
the fullest extent possible to implement the | 21 |
| maximum development of competitive
telecommunications services | 22 |
| offerings. As used in this Section, to the extent
that
| 23 |
| interconnection, collocation, or network elements have been | 24 |
| deployed for or by
the
incumbent local exchange carrier or one | 25 |
| of its wireline local exchange
affiliates in any
jurisdiction, | 26 |
| it shall be presumed that such is technically feasible in
| 27 |
| Illinois.
| 28 |
| (b) Interconnection.
(1) An incumbent local exchange | 29 |
| carrier shall
provide for
the facilities and equipment of any | 30 |
| requesting telecommunications carrier's
interconnection with | 31 |
| the incumbent local exchange carrier's network on just,
| 32 |
| reasonable,
and nondiscriminatory rates, terms, and | 33 |
| conditions:
| 34 |
| (1)
(A) for the transmission and routing of local | 35 |
| exchange, and exchange
access
telecommunications services;
| 36 |
| (2)
(B) at any technically feasible point within the |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| incumbent local
exchange
carrier's
network; however, the | 2 |
| incumbent local exchange carrier may not require the
| 3 |
| requesting carrier to interconnect at more than one | 4 |
| technically feasible point
within a LATA; and
| 5 |
| (3)
(C) that is at least equal in quality and | 6 |
| functionality to that
provided
by
the
incumbent local | 7 |
| exchange carrier to itself or to any subsidiary, affiliate, | 8 |
| or
any other party
to which the incumbent local exchange | 9 |
| carrier provides interconnection.
| 10 |
| (2) An incumbent local exchange carrier shall make | 11 |
| available to any
requesting
telecommunications carrier, to | 12 |
| the extent technically feasible, those services,
| 13 |
| facilities, or
interconnection agreements or arrangements | 14 |
| that the incumbent local exchange
carrier or
any of its | 15 |
| incumbent local exchange subsidiaries or affiliates offers | 16 |
| in
another state under
the terms and conditions, but not | 17 |
| the stated rates, negotiated pursuant to
Section 252 of
the | 18 |
| federal Telecommunications Act of 1996. Rates shall be | 19 |
| established in
accordance
with the requirements of | 20 |
| subsection (g) of this Section. An incumbent local
exchange
| 21 |
| carrier shall
also make available to any requesting | 22 |
| telecommunications carrier, to the extent
technically | 23 |
| feasible, and subject to the unbundling provisions of | 24 |
| Section
251(d)(2) of the
federal Telecommunications Act of | 25 |
| 1996, those unbundled network element or
interconnection | 26 |
| agreements or arrangements that a local exchange carrier
| 27 |
| affiliate
of the
incumbent local exchange carrier obtains | 28 |
| in another state from the incumbent
local
exchange carrier | 29 |
| in that state, under the terms and conditions, but not the
| 30 |
| stated rates,
obtained through negotiation, or through an | 31 |
| arbitration initiated by the
affiliate, pursuant
to | 32 |
| Section 252 of the federal Telecommunications Act of 1996. | 33 |
| Rates shall be
established
in accordance with the | 34 |
| requirements of subsection (g) of this Section.
| 35 |
| (c) Collocation. An incumbent local exchange carrier shall | 36 |
| provide for
physical
or virtual collocation of any type of |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| equipment necessary for interconnection or access
to network
| 2 |
| elements at the premises of the incumbent local exchange | 3 |
| carrier on just,
reasonable, and
nondiscriminatory rates, | 4 |
| terms, and conditions. The equipment shall include,
but is not
| 5 |
| limited to, optical transmission equipment, multiplexers, | 6 |
| remote switching
modules, and
cross-connects between the | 7 |
| facilities or equipment of other collocated
carriers. The
| 8 |
| equipment shall also include microwave transmission facilities | 9 |
| on the exterior
and interior of
the incumbent local exchange | 10 |
| carrier's premises used for interconnection to, or
for
access | 11 |
| to network elements of, the incumbent local exchange carrier or | 12 |
| a
collocated
carrier, unless the incumbent local exchange | 13 |
| carrier demonstrates to the
Commission that
it is not practical | 14 |
| due to technical reasons or space limitations. An
incumbent | 15 |
| local
exchange carrier shall allow, and provide for, the most | 16 |
| reasonably direct and
efficient
cross-connects, that are | 17 |
| consistent with safety and network reliability
standards, | 18 |
| between
the facilities of collocated carriers. An incumbent | 19 |
| local exchange carrier
shall also allow,
and provide for, cross | 20 |
| connects between a noncollocated telecommunications
carrier's
| 21 |
| network elements platform, or a noncollocated | 22 |
| telecommunications carrier's
transport
facilities, and the | 23 |
| facilities of any collocated carrier, consistent with
safety | 24 |
| and network
reliability standards.
| 25 |
| (d) Network elements. The incumbent local exchange carrier | 26 |
| shall provide to
any
requesting telecommunications carrier, | 27 |
| for the provision of an existing or a
new
telecommunications | 28 |
| service, nondiscriminatory access to network elements that are | 29 |
| required by the Federal Communications Commission to be made | 30 |
| available on an unbundled basis pursuant to Section 251(c)(3) | 31 |
| and 251(d)(2) of the federal Telecommunications Act of 1996 and | 32 |
| regulations promulgated thereunder or any amendments or | 33 |
| successors thereof, on an
any
unbundled or bundled basis, to | 34 |
| the extent that such network elements are required by the | 35 |
| Federal Communications Commission to be provided on an | 36 |
| unbundled basis pursuant to Section 251(c)(3) and 251(d)(2) of |
|
|
|
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|
| 1 |
| that Act and regulations promulgated thereunder or any | 2 |
| amendments or successors thereof, as requested, at any | 3 |
| technically feasible point on just,
reasonable, and | 4 |
| nondiscriminatory rates, terms, and conditions.
| 5 |
| (1) An incumbent local exchange carrier shall provide | 6 |
| unbundled network
elements in a
manner that allows | 7 |
| requesting telecommunications carriers to combine those
| 8 |
| network
elements to provide a telecommunications service.
| 9 |
| (2) An incumbent local exchange carrier shall not | 10 |
| separate any required network
elements that are
currently | 11 |
| combined with other required network elements , except at | 12 |
| the explicit direction of the requesting carrier.
| 13 |
| (3) Upon request, an incumbent local exchange carrier | 14 |
| shall combine any
sequence
of required unbundled network | 15 |
| elements that it ordinarily combines for itself , including
| 16 |
| but not
limited to, unbundled network elements identified | 17 |
| in The Draft of the Proposed
Ameritech Illinois 271 | 18 |
| Amendment (I2A) found in Schedule SJA-4 attached to
Exhibit | 19 |
| 3.1 filed by Illinois Bell Telephone Company on or about | 20 |
| March 28, 2001
with the Illinois Commerce Commission under | 21 |
| Illinois Commerce Commission
Docket Number 00-0700 . The | 22 |
| Commission shall determine those unbundled network
| 23 |
| elements the incumbent local exchange carrier ordinarily | 24 |
| combines for itself if
there is a dispute between the | 25 |
| incumbent local exchange carrier and the
requesting | 26 |
| telecommunications carrier under this subdivision of this | 27 |
| Section of
this Act.
| 28 |
| The incumbent local exchange carrier shall be entitled | 29 |
| to recover from the
requesting telecommunications carrier | 30 |
| any just and reasonable special
construction costs | 31 |
| incurred in combining such unbundled network elements (i) | 32 |
| if
such costs are not already included in the established | 33 |
| price of providing the
network elements, (ii) if the | 34 |
| incumbent local exchange carrier charges such
costs
to its | 35 |
| retail telecommunications end users, and (iii) if fully | 36 |
| disclosed in
advance to
the requesting telecommunications |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| carrier. The Commission shall determine
whether the | 2 |
| incumbent
local exchange carrier is entitled to any special | 3 |
| construction costs if there
is a
dispute between the | 4 |
| incumbent local exchange carrier and the requesting
| 5 |
| telecommunications carrier
under this subdivision of this | 6 |
| Section of this Act.
| 7 |
| (4) A telecommunications carrier may use a network | 8 |
| element
elements
or combination of
platform
consisting | 9 |
| solely
of combined network elements , to the extent that | 10 |
| such network elements are required by the Federal | 11 |
| Communications Commission to be made available on an | 12 |
| unbundled basis pursuant to Section 251(c)(3) and | 13 |
| 251(d)(2) of the federal Telecommunications Act of 1996 and | 14 |
| regulations promulgated thereunder or any amendments or | 15 |
| successors thereof,
of the incumbent local exchange | 16 |
| carrier to provide
end to
end telecommunications service
| 17 |
| for the provision of existing and new local
exchange,
| 18 |
| interexchange that includes local, local toll, and | 19 |
| intraLATA toll, and exchange
access
telecommunications | 20 |
| services within the LATA directly to its local exchange end | 21 |
| users or payphone
service providers without the requesting
| 22 |
| telecommunications carrier's provision or use of any other | 23 |
| facilities or
functionalities .
| 24 |
| (5) The Commission may
shall establish maximum time | 25 |
| periods for the incumbent
local
exchange carrier's | 26 |
| provision of unbundled network elements , subject to the | 27 |
| provisions of subsection (g) of Section 13-712 to the | 28 |
| extent applicable . The maximum time period
shall be
no | 29 |
| longer than the time period for the incumbent local | 30 |
| exchange carrier's
provision of
comparable retail | 31 |
| telecommunications services utilizing those network | 32 |
| elements.
The
Commission may establish a maximum time | 33 |
| period for a particular network element
that
is shorter | 34 |
| than for a comparable retail telecommunications service | 35 |
| offered by
the
incumbent local exchange carrier if a | 36 |
| requesting telecommunications carrier
establishes
that it |
|
|
|
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|
| 1 |
| shall perform other functions or activities after receipt | 2 |
| of the
particular network
element to provide | 3 |
| telecommunications services to end users. The burden of
| 4 |
| proof for
establishing a maximum time period for a | 5 |
| particular network element that is
shorter than
for a | 6 |
| comparable retail telecommunications service offered by | 7 |
| the incumbent
local
exchange carrier shall be on the | 8 |
| requesting telecommunications carrier.
Notwithstanding
any | 9 |
| other provision of this Article, unless and until the | 10 |
| Commission
establishes by rule or order a different | 11 |
| specific maximum time interval, the
maximum time intervals | 12 |
| shall not exceed 5 business days for the provision of
| 13 |
| unbundled
loops,
both digital and analog, 10 business days | 14 |
| for the conditioning of unbundled
loops or for
existing | 15 |
| combinations of network elements for an end user that has | 16 |
| existing
local
exchange telecommunications service, and | 17 |
| one business day for the provision
of the high
frequency | 18 |
| portion of the loop (line-sharing) for at least 95% of the
| 19 |
| requests of each
requesting telecommunications carrier for | 20 |
| each month.
| 21 |
| In measuring the incumbent local exchange carrier's | 22 |
| actual performance, the
Commission
shall ensure that | 23 |
| occurrences beyond the control of the incumbent local
| 24 |
| exchange
carrier
that adversely affect the incumbent local | 25 |
| exchange carrier's performance are
excluded when | 26 |
| determining actual performance levels. Such occurrences | 27 |
| shall
be
determined by the Commission, but at a minimum | 28 |
| must include work stoppage or
other
labor actions and acts | 29 |
| of war. Exclusions shall also be made for
performance that
| 30 |
| is governed by agreements approved by the Commission and | 31 |
| containing timeframes
for
the same or similar measures or | 32 |
| for when a requesting telecommunications
carrier requests | 33 |
| a longer time interval.
| 34 |
| (6) When a telecommunications carrier requests a | 35 |
| network elements
platform
referred to in subdivision | 36 |
| (d)(4) of this Section, without the need for field
work |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| outside of
the central
office, for an end user that has | 2 |
| existing local exchange telecommunications
service
| 3 |
| provided by an incumbent local exchange carrier, or by | 4 |
| another
telecommunications
carrier through the incumbent | 5 |
| local exchange carrier's network elements
platform, unless
| 6 |
| otherwise agreed by the telecommunications carriers, the | 7 |
| incumbent local
exchange
carrier shall provide the | 8 |
| requesting telecommunications carrier with the
requested
| 9 |
| network elements platform within 3 business days for at | 10 |
| least 95% of the
requests for
each requesting | 11 |
| telecommunications carrier for each month. A requesting
| 12 |
| telecommunications carrier may order the network elements | 13 |
| platform as is for an
end user
that has such existing local | 14 |
| exchange service without changing any of the
features
| 15 |
| previously selected by the end user. The incumbent local | 16 |
| exchange carrier
shall provide
the requested network | 17 |
| elements platform without any disruption to the end
user's
| 18 |
| services.
| 19 |
| Absent a contrary agreement between the | 20 |
| telecommunications carriers entered
into
after the | 21 |
| effective date of this amendatory Act of the 92nd General | 22 |
| Assembly,
as
of
12:01
a.m. on the third business day after | 23 |
| placing the order for a network elements
platform,
the | 24 |
| requesting telecommunications carrier shall be the | 25 |
| presubscribed primary
local
exchange carrier for that end | 26 |
| user line and shall be entitled to receive, or to
direct | 27 |
| the
disposition of, all revenues for all services utilizing | 28 |
| the network elements in
the platform,
unless it is | 29 |
| established that the end user of the existing local | 30 |
| exchange
service did not
authorize the requesting | 31 |
| telecommunications carrier to make the request.
| 32 |
| (6)
(e) Operations support systems.
Subject to the | 33 |
| provisions of subsection (g) of Section 13-712 to the | 34 |
| extent applicable, the
The Commission may
shall establish | 35 |
| minimum
standards
with just, reasonable, and | 36 |
| nondiscriminatory rates, terms, and conditions for
the
|
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| preordering, ordering, provisioning, maintenance and | 2 |
| repair, and billing
functions of the
incumbent local | 3 |
| exchange carrier's operations support systems provided to | 4 |
| other
telecommunications carriers.
| 5 |
| (e)
(f) Resale. An incumbent local exchange carrier shall | 6 |
| offer all retail
telecommunications services, that the | 7 |
| incumbent local exchange carrier provides
at retail
to | 8 |
| subscribers who are not telecommunications carriers, within | 9 |
| the LATA,
together with
each applicable optional feature or | 10 |
| functionality, subject to resale at
wholesale rates
without | 11 |
| imposing any unreasonable or discriminatory conditions or | 12 |
| limitations.
Wholesale rates shall be based on the retail rates | 13 |
| charged to end users for the
telecommunications service | 14 |
| requested, excluding the portion thereof
attributable to any
| 15 |
| marketing, billing, collection, and other costs avoided by the | 16 |
| local exchange
carrier.
The Commission may determine under | 17 |
| Article IX of this Act that certain
noncompetitive services, | 18 |
| together with each applicable optional feature or
| 19 |
| functionality, that are offered to residence customers under | 20 |
| different rates,
charges, terms, or conditions than to other | 21 |
| customers should not be subject to
resale under the rates, | 22 |
| charges, terms, or conditions available only to
residence | 23 |
| customers.
| 24 |
| (f)
(g) Cost based rates. Interconnection, collocation, | 25 |
| and network elements , and
operations
support systems
to the | 26 |
| extent required by the Federal Communications Commission to be | 27 |
| made available pursuant to Section 251(c) of the federal | 28 |
| Telecommunications Act of 1996 and regulations promulgated | 29 |
| thereunder or any amendments or successors thereof, shall be | 30 |
| provided by the incumbent local exchange carrier to
requesting
| 31 |
| telecommunications carriers at cost based rates consistent | 32 |
| with Section 252 of such Act and regulations promulgated | 33 |
| thereunder or any amendments or successors thereof . The | 34 |
| immediate implementation
and
provisioning of interconnection, | 35 |
| collocation, network elements, and operations
support
systems | 36 |
| shall not be delayed due to any lack of determination by the |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| Commission
as to
the cost based rates. When cost based rates | 2 |
| have not been established, within
30 days after
the filing of a | 3 |
| petition for the setting of interim rates, or after the
| 4 |
| Commission's own
motion, the Commission shall provide for | 5 |
| interim rates that shall remain in
full force and
effect until | 6 |
| the cost based rate determination is made, or the interim rate | 7 |
| is
modified, by
the Commission.
| 8 |
| (g)
(h) Rural exemption. This Section does not apply to | 9 |
| certain rural telephone
companies as
described in 47 U.S.C. | 10 |
| 251(f).
| 11 |
| (i) Schedule of rates. A telecommunications carrier may | 12 |
| request the
incumbent
local exchange carrier to provide a | 13 |
| schedule of rates listing each of the rate
elements of
the | 14 |
| incumbent local exchange carrier that pertains to a proposed | 15 |
| order
identified by the
requesting telecommunications carrier | 16 |
| for any of the matters covered in this
Section. The
incumbent | 17 |
| local exchange carrier shall deliver the requested schedule of | 18 |
| rates
to the
requesting telecommunications carrier within 2 | 19 |
| business days for 95% of the
requests for each requesting | 20 |
| carrier
| 21 |
| (h)
(j) Special access circuits. Nothing
Other than as | 22 |
| provided in subdivision
(d)(4) of this Section
for the network | 23 |
| elements platform described in that subdivision, nothing in
| 24 |
| this Section
amendatory Act of the 92nd General Assembly is | 25 |
| intended to require or
prohibit the substitution of switched or | 26 |
| special access or private line services by or with a
| 27 |
| combination of network elements nor address the Illinois | 28 |
| Commerce Commission's
jurisdiction or authority in this area.
| 29 |
| (i)
(k) The Commission shall determine any matters in | 30 |
| dispute between the
incumbent local exchange carrier and the | 31 |
| requesting carrier pursuant to Section
13-515 of this Act.
| 32 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 33 |
| (220 ILCS 5/13-804 new)
| 34 |
| Sec. 13-804. Access services. | 35 |
| (a) The rates of any telecommunications carrier providing |
|
|
|
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LRB094 05918 MKM 35972 b |
|
| 1 |
| intrastate
switched access service or intrastate dedicated | 2 |
| special access shall be deemed to be just and reasonable if | 3 |
| such rates were established pursuant to a Commission order or | 4 |
| if such rates are no higher than such carrier's interstate | 5 |
| rates for interstate switched access service or interstate | 6 |
| dedicated special access as found
to be just and reasonable | 7 |
| under the orders and
regulations of the Federal Communications | 8 |
| Commission. For purposes of this Section, the intrastate rates | 9 |
| of a carrier will be considered to be no higher than its | 10 |
| interstate rates, if the carrier's intrastate rates are no | 11 |
| higher than its interstate rates within 30
days following the | 12 |
| effective date of this amendatory Act of the 94th
General | 13 |
| Assembly or within one day following the effective date of any
| 14 |
| new FCC orders and regulations issued after that date. | 15 |
| (b) Notwithstanding anything to the contrary in this | 16 |
| Section or Article, the Commission retains the authority, upon | 17 |
| complaint by another telecommunications carrier, to | 18 |
| investigate and review the intrastate switched access service | 19 |
| and intrastate dedicated special access rates of any | 20 |
| telecommunications carrier that provides intrastate switched | 21 |
| access service or intrastate dedicated special access at rates | 22 |
| higher than its interstate rates for either of such services to | 23 |
| determine whether such rates are just and reasonable and to | 24 |
| revise them to the extent necessary to make them just and | 25 |
| reasonable, provided that the Commission shall have no | 26 |
| authority to order a telecommunications carrier to set its | 27 |
| rates for intrastate switched access services or intrastate | 28 |
| dedicated special access at rates lower than its interstate | 29 |
| rates for those services. | 30 |
| (c) Subsections (a) and (b) shall not apply to incumbent | 31 |
| local exchange carriers serving 35,000 or fewer access lines | 32 |
| whose intrastate switched access rates are based upon the | 33 |
| methodologies approved in the Second Interim Order of the | 34 |
| Commission in Docket No. 01-0808, unless the Commission | 35 |
| determines to investigate and changes the methodologies | 36 |
| approved in that Second Interim Order. |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| (d) For purposes of this Section, the rate for intrastate | 2 |
| switched access services means the composite, per-minute rate | 3 |
| for these services, including all applicable fixed and | 4 |
| traffic-sensitive charges. | 5 |
| (e) Nothing in subsection (a) of this Section prohibits a
| 6 |
| telecommunications carrier from electing to offer intrastate
| 7 |
| switched access service or intrastate dedicated special access | 8 |
| at rates lower than its interstate rates. | 9 |
| (f) Notwithstanding anything to the contrary in this | 10 |
| Section or Article, the Commission retains the authority to | 11 |
| review, upon complaint by a telecommunications carrier, the | 12 |
| provision of intrastate dedicated special access by another | 13 |
| telecommunications carrier to determine whether or not it is | 14 |
| being provided in an unreasonably discriminatory manner.
| 15 |
| (220 ILCS 5/13-1200)
| 16 |
| (Section scheduled to be repealed on July 1, 2005)
| 17 |
| Sec. 13-1200. Repealer. This Article is repealed July 1, | 18 |
| 2008
2005 .
| 19 |
| (Source: P.A. 92-22, eff. 6-30-01.)
| 20 |
| (220 ILCS 5/13-402.1 rep.)
| 21 |
| (220 ILCS 5/13-408 rep.)
| 22 |
| (220 ILCS 5/13-409 rep.)
| 23 |
| (220 ILCS 5/13-502.5 rep.)
| 24 |
| (220 ILCS 5/13-503 rep.)
| 25 |
| (220 ILCS 5/13-505.3 rep.)
| 26 |
| (220 ILCS 5/13-505.4 rep.)
| 27 |
| (220 ILCS 5/13-505.5 rep.)
| 28 |
| (220 ILCS 5/13-505.6 rep.)
| 29 |
| (220 ILCS 5/13-505.7 rep.)
| 30 |
| (220 ILCS 5/13-508 rep.)
| 31 |
| (220 ILCS 5/13-508.1 rep.)
| 32 |
| (220 ILCS 5/13-518 rep.)
| 33 |
| (220 ILCS 5/13-802 rep.)
| 34 |
| Section 10. The Public Utilities Act is amended by |
|
|
|
SB1700 Engrossed |
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LRB094 05918 MKM 35972 b |
|
| 1 |
| repealing Sections 13-402.1, 13-408, 13-409, 13-502.5, 13-503, | 2 |
| 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-505.7, 13-508, | 3 |
| 13-508.1, 13-518, and 13-802.
| 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|