Full Text of HB3503 100th General Assembly
HB3503eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning telecommunications.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Public Utilities Act is amended by changing | 5 | | Section 22-501 as follows: | 6 | | (220 ILCS 5/22-501) | 7 | | Sec. 22-501. Customer service and privacy protection. All | 8 | | cable or video providers in this State shall comply with the | 9 | | following customer service requirements and privacy | 10 | | protections. The provisions of this Act shall not apply to an | 11 | | incumbent cable operator prior to January 1, 2008. For purposes | 12 | | of this paragraph, an incumbent cable operator means a person | 13 | | or entity that provided cable services in a particular area | 14 | | under a franchise agreement with a local unit of government | 15 | | pursuant to Section 11-42-11 of the Illinois
Municipal Code or | 16 | | Section 5-1095 of the Counties Code on January 1, 2007.
A | 17 | | master antenna television, satellite master antenna | 18 | | television, direct broadcast satellite, multipoint | 19 | | distribution service, and other provider of video programming | 20 | | shall only be subject to the provisions of this Article to the | 21 | | extent permitted by federal law. | 22 | | The following definitions apply to the terms used in this | 23 | | Article: |
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| 1 | | "Basic cable or video service" means any service offering | 2 | | or tier that
includes the retransmission of local television | 3 | | broadcast signals. | 4 | | "Cable or video provider" means any person or entity | 5 | | providing cable service or video service pursuant to | 6 | | authorization under (i) the Cable and Video Competition Law of | 7 | | 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; | 8 | | (iii) Section 5-1095 of the Counties Code; or (iv) a master | 9 | | antenna television, satellite master antenna television, | 10 | | direct broadcast satellite, multipoint distribution services, | 11 | | and other providers of video programming, whatever their | 12 | | technology. A cable or video provider shall not include a | 13 | | landlord providing only broadcast video programming to a | 14 | | single-family home or other residential dwelling consisting of | 15 | | 4
units or less. | 16 | | "Franchise" has the same meaning as found in 47 U.S.C. | 17 | | 522(9). | 18 | | "Local unit of government" means a city, village, | 19 | | incorporated town, or a county. | 20 | | "Normal business hours" means those hours during which most | 21 | | similar businesses in the geographic area of the local unit of | 22 | | government are open to serve customers. In all cases, "normal | 23 | | business hours" must include some evening hours at least one | 24 | | night per week or some weekend hours. | 25 | | "Normal operating conditions" means those service | 26 | | conditions that are within the control of cable or video |
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| 1 | | providers. Those conditions that are not within the control of | 2 | | cable or video providers include, but are not limited to, | 3 | | natural disasters, civil disturbances, power outages, | 4 | | telephone network outages, and severe or unusual weather | 5 | | conditions. Those conditions that are ordinarily within the | 6 | | control of cable or video providers include, but are not | 7 | | limited to, special promotions, pay-per-view events, rate | 8 | | increases, regular peak or seasonal demand periods, and | 9 | | maintenance or upgrade of the cable service or video service | 10 | | network. | 11 | | "Service interruption" means the loss of picture or sound | 12 | | on one or more cable service or video service on one or more | 13 | | cable or video channels. | 14 | | "Service line drop" means the point of connection between a | 15 | | premises and the cable or video network that enables the | 16 | | premises to receive cable service or video service. | 17 | | (a) General customer service standards: | 18 | | (1) Cable or video providers shall establish general | 19 | | standards related to customer service, which shall | 20 | | include, but not be limited to, installation, | 21 | | disconnection, service and repair obligations; appointment | 22 | | hours and employee ID requirements; customer service | 23 | | telephone numbers and hours; procedures for billing, | 24 | | charges, deposits, refunds, and credits; procedures for | 25 | | termination of service; notice of deletion of programming | 26 | | service; changes related to transmission of programming; |
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| 1 | | changes or increases in rates; the use and availability of | 2 | | parental control or lock-out devices; the use and | 3 | | availability of an A/B switch if applicable; complaint | 4 | | procedures and procedures for bill dispute resolution; a | 5 | | description of the rights and remedies available to | 6 | | consumers if the cable or video provider does not | 7 | | materially meet its
customer service standards; and | 8 | | special services for customers with visual, hearing, or | 9 | | mobility disabilities. | 10 | | (2) Cable or video providers' rates for each level of | 11 | | service, rules, regulations, and policies related to its | 12 | | cable service or video service described in paragraph (1) | 13 | | of this subsection (a)
must be made available to the public | 14 | | and displayed clearly and conspicuously on the cable or | 15 | | video provider's site on the Internet. If a promotional | 16 | | price or a price for a specified period of time is offered, | 17 | | the cable or video provider shall display the price at the | 18 | | end of the promotional period or specified period of time | 19 | | clearly and conspicuously with the display of the | 20 | | promotional price or price for a specified period of time. | 21 | | The cable or video provider shall provide this information | 22 | | upon request. | 23 | | (3) Cable or video providers shall provide notice | 24 | | concerning their general customer service standards to all | 25 | | customers. This notice shall be offered when service is | 26 | | first activated and upon request thereafter. The |
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| 1 | | information in the notice shall also be available on the | 2 | | cable or video providers' websites and shall include all of | 3 | | the information specified in paragraph (1) of this | 4 | | subsection (a), as well as the following: a listing of | 5 | | services offered by the cable or video providers, which | 6 | | shall clearly describe programming for all services and all | 7 | | levels of service; the rates for all services and levels of | 8 | | service; a telephone number
through which customers may | 9 | | subscribe to, change, or terminate service, request | 10 | | customer service, or seek general or billing information; | 11 | | instructions on the use of the cable or video services; and | 12 | | a description of rights and remedies that the cable or | 13 | | video providers shall make available to their customers if | 14 | | they do not materially meet the general customer service | 15 | | standards described in this Act. | 16 | | (b) General customer service obligations: | 17 | | (1) Cable or video providers shall render reasonably | 18 | | efficient service, promptly make repairs, and interrupt | 19 | | service only as necessary and for good cause, during | 20 | | periods of minimum use of the system and for no more than | 21 | | 24 hours. | 22 | | (2) All service representatives or any other person who | 23 | | contacts customers or potential customers on behalf of the | 24 | | cable or video provider shall have a visible identification | 25 | | card with their name and photograph and shall orally | 26 | | identify themselves upon first contact with the customer. |
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| 1 | | Customer service representatives shall orally identify | 2 | | themselves to callers immediately following the greeting | 3 | | during each telephone contact with the public. | 4 | | (3) The cable or video providers shall: (i) maintain a | 5 | | customer service facility within the boundaries of a local | 6 | | unit of government staffed by customer service | 7 | | representatives that have the capacity to accept payment, | 8 | | adjust bills, and respond to repair, installation, | 9 | | reconnection, disconnection, or other service calls and | 10 | | distribute or receive converter boxes, remote control | 11 | | units, digital stereo units, or other equipment related to | 12 | | the provision of cable or video service; (ii) provide | 13 | | customers with bill payment facilities through retail, | 14 | | financial, or other commercial institutions located within | 15 | | the boundaries of a local unit of government; (iii) provide | 16 | | an address, toll-free telephone number or electronic | 17 | | address to accept bill payments and correspondence and | 18 | | provide secure collection boxes for the receipt of bill | 19 | | payments and the return of equipment, provided that if a | 20 | | cable or video provider provides secure collection boxes, | 21 | | it shall provide a printed receipt when items are | 22 | | deposited; or (iv) provide an address, toll-free telephone | 23 | | number, or electronic address to accept bill payments and | 24 | | correspondence and provide a method for customers to return | 25 | | equipment to the cable or video provider at no cost to the | 26 | | customer. |
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| 1 | | (4) In each contact with a customer, the service | 2 | | representatives or any other person who contacts customers | 3 | | or potential customers on behalf of the cable or video | 4 | | provider shall state the estimated cost of the service, | 5 | | repair, or installation orally prior to delivery of the | 6 | | service or before any work is performed, shall provide the | 7 | | customer with an oral statement of the total charges before | 8 | | terminating the telephone call or other contact in which a | 9 | | service is ordered, whether in-person or over the Internet, | 10 | | and shall provide a written statement of the total charges | 11 | | before leaving the location at which the work was | 12 | | performed. In the event that the cost of service is a | 13 | | promotional price or is for a limited period of time, the | 14 | | cost of service at the end of the promotion or limited | 15 | | period of time shall be disclosed. | 16 | | (5) Cable or video providers shall provide customers a | 17 | | minimum of 30 days' written notice before increasing rates | 18 | | or eliminating transmission of programming and shall | 19 | | submit the notice of any rate increase to the local unit of | 20 | | government in advance of distribution to customers, | 21 | | provided that the cable or video provider is not in | 22 | | violation of this provision if the elimination of | 23 | | transmission of programming was outside the control of the | 24 | | provider, in which case the provider shall use reasonable | 25 | | efforts to provide as much notice as possible, and any rate | 26 | | decrease related to the elimination of transmission of |
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| 1 | | programming shall be applied to the date of the change. | 2 | | (6) Cable or video providers shall provide clear visual | 3 | | and audio reception that meets or exceeds applicable | 4 | | Federal Communications Commission technical standards. If | 5 | | a customer experiences poor video or audio reception due to | 6 | | the equipment of the cable or video provider, the cable or | 7 | | video provider shall promptly repair the problem at its own | 8 | | expense. | 9 | | (c) Bills, payment, and termination: | 10 | | (1) Cable or video providers shall render monthly bills | 11 | | that are clear, accurate, and understandable. | 12 | | (2) Every residential customer who pays bills directly | 13 | | to the cable or video provider shall have at least 28 days | 14 | | from the date of the bill to pay the listed charges. | 15 | | (3) Customer payments shall be posted promptly. When | 16 | | the payment is sent by United States mail, payment is | 17 | | considered paid on the date it is postmarked. | 18 | | (4) Cable or video providers may not terminate | 19 | | residential service for nonpayment of a bill unless the | 20 | | cable or video provider furnishes notice of the delinquency | 21 | | and impending termination at least 15 days prior to the | 22 | | proposed termination. Notice of proposed termination shall | 23 | | be mailed, postage prepaid, to the customer to whom service | 24 | | is billed. Notice of proposed termination shall not be | 25 | | mailed until the 24th day after the date of the bill for | 26 | | services. Notice of delinquency and impending termination |
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| 1 | | may be part of a billing statement only if the notice is | 2 | | designed to be conspicuous. The cable or video providers | 3 | | may not assess a late fee prior to the 24th day after the | 4 | | date of the bill for service. | 5 | | (5) Every notice of impending termination shall | 6 | | include all of the following: the name and address of | 7 | | customer; the amount of the delinquency; the date on which | 8 | | payment is required to avoid termination; and the telephone | 9 | | number of the cable or video provider's service | 10 | | representative to make payment arrangements and to provide | 11 | | additional information about the charges for failure to | 12 | | return equipment and for reconnection, if any. | 13 | | (6) Service may only be terminated on days when the | 14 | | customer is able to reach a service representative of the | 15 | | cable or video providers, either in person or by telephone. | 16 | | (7) Any service terminated by a cable or video provider | 17 | | without good cause shall be restored without any | 18 | | reconnection fee, charge, or penalty; good cause for | 19 | | termination includes, but is not limited to, failure to pay | 20 | | a bill by the date specified in the notice of impending | 21 | | termination, payment by check for which there are | 22 | | insufficient funds, theft of service, abuse of equipment or | 23 | | personnel, or other similar subscriber actions. | 24 | | (8) Cable or video providers shall cease charging a | 25 | | customer for any or all services within one
business day | 26 | | after it receives a request to immediately terminate |
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| 1 | | service or on the day requested by the customer if such a | 2 | | date is at least 5 days from the date requested by the | 3 | | customer. Nothing in this subsection (c) shall prohibit the | 4 | | provider from billing for charges that the customer incurs | 5 | | prior to the date of termination. Cable or video providers | 6 | | shall issue a credit no later than the customer's next | 7 | | billing cycle following the determination that a credit is | 8 | | warranted. Cable or video providers shall issue a refund or | 9 | | return a deposit promptly, but not later than either the | 10 | | customer's next billing cycle following resolution of the | 11 | | request or 30 days, whichever is earlier, or the return of | 12 | | equipment, if any, whichever is later. | 13 | | (9) The customers or subscribers of a cable or video | 14 | | provider shall be allowed to disconnect their service at | 15 | | any time within the first 30 days after subscribing to or | 16 | | upgrading the service. Within this 30-day period, cable or | 17 | | video providers shall not charge or impose any fees or | 18 | | penalties on the customer for disconnecting service, | 19 | | including, but not limited to, any installation charge or | 20 | | the imposition of an early termination charge, except the | 21 | | cable or video provider may impose a charge or fee to | 22 | | offset any rebates or credits received by the customer and | 23 | | may impose monthly service or maintenance charges, | 24 | | including pay-per-view and premium services charges, | 25 | | during such 30-day period. | 26 | | (10) Cable or video providers shall cease charging |
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| 1 | | customers for modems and routers, whether rented together | 2 | | or separately, when the customer has paid to the provider | 3 | | the wholesale cost of the modem or router, or modem and | 4 | | router if rented together, plus a reasonable mark-up not to | 5 | | exceed 5% of the modem, router, or modem and router | 6 | | wholesale cost to the provider. Cable and video providers | 7 | | shall provide notice regarding the discontinuance of | 8 | | rental charges to the customer in each billing statement. | 9 | | The notice shall include a disclosure of rights and | 10 | | responsibilities relating to the maintenance of modems and | 11 | | routers. | 12 | | (d) Response to customer inquiries: | 13 | | (1) Cable or video providers will maintain a toll-free | 14 | | telephone access line that is
available to customers 24 | 15 | | hours a day, 7
days a week to accept calls regarding | 16 | | installation, termination, service, and complaints. | 17 | | Trained, knowledgeable, qualified service representatives | 18 | | of the cable or video providers will be available to | 19 | | respond to customer telephone inquiries during normal | 20 | | business hours. Customer service representatives shall be | 21 | | able to provide credit, waive fees, schedule appointments, | 22 | | and change billing cycles. Any difficulties that cannot be | 23 | | resolved by the customer service representatives shall be | 24 | | referred to a supervisor who shall make his or her best | 25 | | efforts to resolve the issue immediately. If the supervisor | 26 | | does not resolve the issue to the customer's satisfaction, |
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| 1 | | the customer shall be informed of the cable or video | 2 | | provider's complaint procedures and procedures for billing | 3 | | dispute resolution and given a description of the rights | 4 | | and remedies available to customers to enforce the terms of | 5 | | this Article, including the customer's rights to have the | 6 | | complaint reviewed by the local unit of government, to | 7 | | request mediation, and to review in a court of competent | 8 | | jurisdiction. | 9 | | (2) After normal business hours, the access line may be | 10 | | answered by a service or an automated response system, | 11 | | including an answering machine. Inquiries received by | 12 | | telephone or e-mail after normal business hours shall be | 13 | | responded to by a trained service representative on the | 14 | | next business day. The cable or video provider shall | 15 | | respond to a written billing inquiry within 10 days of | 16 | | receipt of the inquiry. | 17 | | (3) Cable or video providers shall provide customers | 18 | | seeking non-standard installations with a total | 19 | | installation cost estimate and an estimated date of | 20 | | completion. The actual charge to the customer shall not | 21 | | exceed the estimated cost without the written consent of | 22 | | the customer. | 23 | | (4) If the cable or video provider receives notice that | 24 | | an unsafe condition exists with respect to its equipment, | 25 | | it shall investigate such condition immediately and shall | 26 | | take such measures as are necessary to remove or eliminate |
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| 1 | | the unsafe condition. The cable or video provider shall | 2 | | inform the local unit of government promptly, but no later | 3 | | than 2 hours after it receives notification of an unsafe | 4 | | condition that it has not remedied. | 5 | | (5) Under normal operating conditions, telephone | 6 | | answer time by the cable or video provider's customer | 7 | | representative, including wait time, shall not exceed 30 | 8 | | seconds when the connection is made. If the call needs to | 9 | | be transferred, transfer time shall not exceed 30 seconds. | 10 | | These standards shall be met no less than 90% of the time | 11 | | under normal operating conditions, measured on a quarterly | 12 | | basis. The cable or video provider shall not be required to | 13 | | acquire equipment or perform surveys to measure compliance | 14 | | with these telephone answering standards unless an | 15 | | historical record of complaints indicates a clear failure | 16 | | to comply. | 17 | | (6) Under normal operating conditions, the cable or | 18 | | video provider's customers will receive a busy signal less | 19 | | than 3% of the time. | 20 | | (e) Under normal operating conditions, each of the | 21 | | following standards related to installations, outages, and | 22 | | service calls will be met no less than 95% of the time measured | 23 | | on a quarterly basis: | 24 | | (1) Standard installations will be performed within 7 | 25 | | business days after an order has been placed. "Standard" | 26 | | installations are those that are located up to 125 feet |
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| 1 | | from the existing distribution system. | 2 | | (2) Excluding conditions beyond the control of the | 3 | | cable or video providers, the cable or video providers will | 4 | | begin working on "service interruptions" promptly and in no | 5 | | event later than 24 hours after the interruption is | 6 | | reported by the customer or otherwise becomes known to the | 7 | | cable or video providers. Cable or video providers must | 8 | | begin actions to correct other service problems the next | 9 | | business day after notification of the service problem and | 10 | | correct the problem. | 11 | | (3) The "appointment window" alternatives for | 12 | | installations, service calls, and other installation | 13 | | activities will be either a specific time or, at a maximum, | 14 | | a 4-hour
time block during evening, weekend, and normal | 15 | | business hours. The cable or video provider may schedule | 16 | | service calls and other installation activities outside of | 17 | | these hours for the express convenience of the customer. | 18 | | (4) Cable or video providers may not cancel an | 19 | | appointment with a customer after the close of business on | 20 | | the business day prior to the scheduled appointment. If the | 21 | | cable or video provider's representative is running late | 22 | | for an appointment with a customer and will not be able to | 23 | | keep the appointment as scheduled, the customer will be | 24 | | contacted. The appointment will be rescheduled, as | 25 | | necessary, at a time that
is convenient for the customer, | 26 | | even if the rescheduled appointment is not within normal |
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| 1 | | business hours. | 2 | | (f) Public benefit obligation: | 3 | | (1) All cable or video providers offering service | 4 | | pursuant to the Cable and Video Competition Law of 2007, | 5 | | the Illinois Municipal Code, or the Counties Code shall | 6 | | provide a free service line drop and free basic service to | 7 | | all current and future public buildings within their | 8 | | footprint, including, but not limited to, all local unit of | 9 | | government buildings, public libraries, and public primary | 10 | | and secondary schools, whether owned or leased by that | 11 | | local unit of government ("eligible buildings"). Such | 12 | | service shall be used in a manner consistent with the | 13 | | government purpose for the eligible building and shall not | 14 | | be resold. | 15 | | (2) This obligation only applies to those cable or | 16 | | video service providers whose cable service or video | 17 | | service systems pass eligible buildings and its cable or | 18 | | video service is generally available to residential | 19 | | subscribers in the same local unit of government in which | 20 | | the eligible building is located. The burden of providing | 21 | | such service at each eligible building shall be shared by | 22 | | all cable and video providers whose systems pass the | 23 | | eligible buildings in an equitable and competitively | 24 | | neutral manner, and nothing herein shall require | 25 | | duplicative installations by more than one cable or video | 26 | | provider at each eligible building. Cable or video |
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| 1 | | providers operating in a local unit of government shall | 2 | | meet as necessary and determine who will provide service to | 3 | | eligible buildings under this subsection (f). If the cable | 4 | | or video providers are unable to reach an agreement, they | 5 | | shall meet with the local unit of government, which shall | 6 | | determine which cable or video providers will serve each | 7 | | eligible building. The local unit of government shall bear | 8 | | the costs of any inside wiring or video equipment costs not | 9 | | ordinarily provided as part of the cable or video | 10 | | provider's basic offering. | 11 | | (g) After the cable or video providers have offered service | 12 | | for one year, the cable or video providers shall make an annual | 13 | | report to the Commission, to the local unit of government, and | 14 | | to the Attorney General that it is meeting the standards | 15 | | specified in this Article, identifying the number of complaints | 16 | | it received over the prior year in the State and specifying the | 17 | | number of complaints related to each of the following: (1) | 18 | | billing, charges, refunds, and credits; (2) installation or | 19 | | termination of service; (3) quality of service and repair; (4) | 20 | | programming; and (5) miscellaneous complaints that do not fall | 21 | | within these categories. | 22 | | (h) To the extent consistent with federal law, cable or | 23 | | video providers shall offer the lowest-cost basic cable or | 24 | | video service as a stand-alone service to residential customers | 25 | | at reasonable rates. Cable or video providers shall not require | 26 | | the subscription to any service other than the lowest-cost |
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| 1 | | basic service or to any telecommunications or information | 2 | | service, as a condition of access to cable or video service, | 3 | | including programming offered on a per channel or per program | 4 | | basis. Cable or video providers shall not discriminate between | 5 | | subscribers to the lowest-cost basic service, subscribers to | 6 | | other cable services or video services, and other subscribers | 7 | | with regard to the rates charged for cable or video programming | 8 | | offered on a per channel or per program basis. | 9 | | (i) To the extent consistent with federal law, cable or | 10 | | video providers shall ensure that charges for changes in the | 11 | | subscriber's selection of services or equipment shall be based | 12 | | on the cost of such change and shall not exceed nominal amounts | 13 | | when the system's configuration permits changes in service tier | 14 | | selection to be effected solely by coded entry on a computer | 15 | | terminal or by other similarly simple method. | 16 | | (j) To the extent consistent with federal law, cable or | 17 | | video providers shall have a rate structure for the provision | 18 | | of cable or video service that is uniform throughout the area | 19 | | within the boundaries of the local unit of government. This | 20 | | subsection (j) is not intended to prohibit bulk discounts to | 21 | | multiple dwelling units or to prohibit reasonable discounts to | 22 | | senior citizens or other economically disadvantaged groups. | 23 | | (k) To the extent consistent with federal law, cable or | 24 | | video providers shall not charge a subscriber for any service | 25 | | or equipment that the subscriber has not affirmatively | 26 | | requested or affirmatively agreed to by name. For purposes of |
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| 1 | | this subsection (k), a subscriber's failure to refuse a cable | 2 | | or video provider's proposal to provide service or equipment | 3 | | shall not be deemed to be an affirmative request for such | 4 | | service or equipment. | 5 | | (l) No contract or service agreement containing an early | 6 | | termination clause offering residential cable or video | 7 | | services or any bundle including such services shall be for a | 8 | | term longer than 2 years. Any contract or service offering with | 9 | | a term of service that contains an early termination fee shall | 10 | | limit the early termination fee to not more than the value of | 11 | | any additional goods or services provided with the cable or | 12 | | video services, the amount of the discount reflected in the | 13 | | price for cable services or video services for the period | 14 | | during which the consumer benefited from the discount, or a | 15 | | declining fee based on the remainder of the contract term. | 16 | | (m) Cable or video providers shall not discriminate in the | 17 | | provision of services for the hearing and visually impaired, | 18 | | and shall comply with the accessibility requirements of 47 | 19 | | U.S.C. 613. Cable or video providers shall deliver and pick-up | 20 | | or provide customers with pre-paid shipping and packaging for | 21 | | the return of converters and other necessary equipment at the | 22 | | home of customers with disabilities. Cable or video providers | 23 | | shall provide free use of a converter or remote control unit to | 24 | | mobility impaired customers. | 25 | | (n)(1) To the extent consistent with federal law, cable or | 26 | | video providers shall comply with the provisions of 47 U.S.C. |
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| 1 | | 532(h) and (j). The cable or video providers shall not exercise | 2 | | any editorial control over any video programming provided | 3 | | pursuant to this Section, or in any other way consider the | 4 | | content of such programming, except that a cable or video | 5 | | provider may refuse to transmit any leased access program or | 6 | | portion of a leased access program that
contains obscenity, | 7 | | indecency, or nudity and may consider such content to the | 8 | | minimum extent necessary to establish a reasonable price for | 9 | | the commercial use of designated channel capacity by an | 10 | | unaffiliated person. This subsection (n) shall permit cable or | 11 | | video providers to enforce prospectively a written and | 12 | | published policy of prohibiting programming that the cable or | 13 | | video provider reasonably believes describes or depicts sexual | 14 | | or excretory activities or organs in a patently offensive | 15 | | manner as measured by contemporary community standards. | 16 | | (2) Upon customer request, the cable or video provider | 17 | | shall, without charge, fully scramble or otherwise fully | 18 | | block the audio and video programming of each channel | 19 | | carrying such programming so that a person who is not a | 20 | | subscriber does not receive the channel or programming. | 21 | | (3) In providing sexually explicit adult programming | 22 | | or other programming that is indecent on any channel of its | 23 | | service primarily dedicated to sexually oriented | 24 | | programming, the cable or video provider shall fully | 25 | | scramble or otherwise fully block the video and audio | 26 | | portion of such channel so that a person who is
not a |
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| 1 | | subscriber to such channel or programming does not receive | 2 | | it. | 3 | | (4) Scramble means to rearrange the content of the | 4 | | signal of the programming so that the programming cannot be | 5 | | viewed or heard in an understandable manner. | 6 | | (o) Cable or video providers will maintain a listing, | 7 | | specific to the level of street address, of the areas where its | 8 | | cable or video services are available. Customers who inquire | 9 | | about purchasing cable or video service shall be informed about | 10 | | whether the cable or video provider's cable or video services | 11 | | are currently available to them at their specific location. | 12 | | (p) Cable or video providers shall not disclose the name, | 13 | | address, telephone number or other personally identifying | 14 | | information of a cable service or video service customer to be | 15 | | used in mailing lists or to be used for other commercial | 16 | | purposes not reasonably related to the conduct of its business | 17 | | unless the cable or video provider has provided to the customer | 18 | | a notice, separately or included in any other customer service | 19 | | notice, that clearly and conspicuously describes the | 20 | | customer's ability to prohibit the disclosure. Cable or video | 21 | | providers shall provide an address and telephone number for a | 22 | | customer to use without a toll charge to prevent disclosure of | 23 | | the customer's name and address in mailing lists or for other | 24 | | commercial purposes not reasonably related to the conduct of | 25 | | its business to other businesses or affiliates of the cable or | 26 | | video provider. Cable or video providers shall comply with the |
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| 1 | | consumer privacy requirements of Section 26-4.5 of the Criminal | 2 | | Code of 2012, the Restricted Call Registry Act, and 47 U.S.C. | 3 | | 551 that are in effect as of June 30, 2007 (the effective date | 4 | | of Public Act 95-9)
and as amended thereafter. | 5 | | (q) Cable or video providers shall implement an informal | 6 | | process for handling inquiries from local units of government | 7 | | and customers concerning billing issues, service issues, | 8 | | privacy concerns, and other consumer complaints. In the event | 9 | | that an issue is not resolved through this informal process, a | 10 | | local unit of government or the customer may request nonbinding | 11 | | mediation with the cable or video provider, with each party to | 12 | | bear its own costs of such mediation. Selection of the mediator | 13 | | will be by mutual agreement, and preference will be given to | 14 | | mediation services that do not charge the consumer for their | 15 | | services. In the event that the informal process does not | 16 | | produce a satisfactory result to the customer or the local unit | 17 | | of government, enforcement may be pursued as provided in | 18 | | subdivision (4) of subsection (r) of this Section. | 19 | | (r) The Attorney General and the local unit of government | 20 | | may enforce all of the customer service and privacy protection | 21 | | standards of this Section with respect to complaints received | 22 | | from residents within the local unit of government's | 23 | | jurisdiction, but it may not adopt or seek to enforce any | 24 | | additional or different customer service or performance | 25 | | standards under any other authority or provision of law. | 26 | | (1) The local unit of government may, by ordinance, |
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| 1 | | provide a schedule of penalties for any material breach of | 2 | | this Section by cable or video providers in addition to the | 3 | | penalties provided herein. No monetary penalties shall be | 4 | | assessed for a material breach if it is out of the | 5 | | reasonable control of the cable or video providers or its | 6 | | affiliate. Monetary penalties adopted in an ordinance | 7 | | pursuant to this Section shall apply on a competitively | 8 | | neutral basis to all providers of cable service or video | 9 | | service within the local unit of government's | 10 | | jurisdiction. In
no event shall the penalties imposed under | 11 | | this subsection (r) exceed $750 for each day of the | 12 | | material breach, and these penalties shall not exceed | 13 | | $25,000 for each occurrence of a material breach per | 14 | | customer. | 15 | | (2) For purposes of this Section, "material breach" | 16 | | means any substantial
failure of a cable or video service | 17 | | provider to comply with service quality and other standards | 18 | | specified in any provision of this Act. The Attorney | 19 | | General or the local unit of government shall give the | 20 | | cable or video provider written notice of any alleged | 21 | | material breaches of this Act and allow such provider at | 22 | | least 30 days from receipt of the notice to remedy the | 23 | | specified material breach. | 24 | | (3) A material breach, for the purposes of assessing | 25 | | penalties, shall be deemed to have occurred for each day | 26 | | that a material breach has not been remedied by the cable |
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| 1 | | service or video service provider after the expiration of | 2 | | the period specified in subdivision (2) of this subsection | 3 | | (r)
in each local unit of government's jurisdiction, | 4 | | irrespective of the number of customers affected. | 5 | | (4) Any customer, the Attorney General, or a local unit | 6 | | of government may pursue alleged violations of this Act by | 7 | | the cable or video provider in a court of competent | 8 | | jurisdiction. A cable or video provider may seek judicial | 9 | | review of a decision of a local unit of government imposing | 10 | | penalties in a court of competent jurisdiction. No local | 11 | | unit of government shall be subject to suit for damages or | 12 | | other relief based upon its action in connection with its | 13 | | enforcement or review of any of the terms, conditions, and | 14 | | rights contained in this Act except a court may require the | 15 | | return of any penalty it finds was not properly assessed or | 16 | | imposed. | 17 | | (s) Cable or video providers shall credit customers for | 18 | | violations in the amounts stated herein. The credits shall be | 19 | | applied on the statement issued to the customer for the next | 20 | | monthly billing cycle following the violation or following the | 21 | | discovery of the violation. Cable or video providers are | 22 | | responsible for providing the credits described herein and the | 23 | | customer is under no obligation to request the credit. If the | 24 | | customer is no longer taking service from the cable or video | 25 | | provider, the credit amount will be refunded to the customer by | 26 | | check within 30 days of the termination of service. A local |
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| 1 | | unit of government may, by ordinance, adopt a schedule of | 2 | | credits payable directly to customers for breach of the | 3 | | customer service standards and obligations contained in this | 4 | | Article, provided the schedule of customer credits applies on a | 5 | | competitively neutral basis to all providers of cable service | 6 | | or video service in the local unit of government's jurisdiction | 7 | | and the credits are not greater than the credits provided in | 8 | | this Section. | 9 | | (1) Failure to keep an appointment or to notify the | 10 | | customer prior to the close of business on the business day | 11 | | prior to the scheduled appointment: $25.00. | 12 | | (2) Violation of customer service and billing | 13 | | standards in subsections (c) and (d) of this Section: | 14 | | $25.00 per occurrence. | 15 | | (3) Violation of the bundling rules in subsection
(h) | 16 | | of this Section: $25.00 per month. | 17 | | (t) The enforcement powers granted to the Attorney General | 18 | | in Article XXI of this
Act shall apply to this Article, except | 19 | | that the Attorney General may not seek penalties for violation | 20 | | of this Article
other than in the amounts specified herein. | 21 | | Nothing in this Section shall limit or affect the powers of the | 22 | | Attorney General to enforce the provisions of Article XXI
of | 23 | | this
Act or the Consumer Fraud and Deceptive Business Practices | 24 | | Act. | 25 | | (u) This Article
applies to all cable and video providers | 26 | | in the State, including but not limited to those operating |
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| 1 | | under a local franchise as that term is used in 47 U.S.C. | 2 | | 522(9), those operating under authorization pursuant to | 3 | | Section 11-42-11 of the Illinois Municipal Code, those | 4 | | operating under authorization pursuant to Section 5-1095 of the | 5 | | Counties Code, and those operating under a State-issued | 6 | | authorization pursuant to Article XXI of this
Act.
| 7 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | 8 | | 98-45, eff. 6-28-13.)
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