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220 ILCS 5/13-305
(220 ILCS 5/13-305)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-305. Amount of civil penalty. A telecommunications carrier, any
corporation other than a
telecommunications carrier, or any person acting as a telecommunications
carrier that violates or fails to comply with any provisions of this Act or
that fails to obey, observe, or comply with any order, decision, rule,
regulation, direction, or requirement, or any part or provision thereof, of the
Commission, made or issued under authority of this Act, in a case in which a
civil penalty is not otherwise provided for in this Act, but excepting Section
5-202 of the Act, shall be subject to a civil penalty imposed in the manner
provided in Section 13-304 of no more than $30,000 or 0.00825% of the carrier's
gross intrastate annual telecommunications revenue, whichever is greater, for
each offense unless the violator has fewer than 35,000 subscriber access lines,
in which case the civil penalty may not exceed $2,000 for each offense.
A telecommunications carrier subject to administrative penalties resulting
from a final Commission order approving an intercorporate transaction entered
pursuant to Section 7-204 of this Act shall be subject to penalties under this
Section imposed for the same conduct only to the extent that such penalties
exceed those imposed by the final Commission order.
Every violation of the provisions of this Act or of any order, decision,
rule, regulation, direction, or requirement of the Commission, or any part or
provision thereof, by any corporation or person, is a separate and distinct
offense.
Penalties
under this Section shall attach and begin to accrue from the day after written
notice is delivered to such party or parties that they are in violation of or
have failed to
comply with this Act or an order, decision, rule,
regulation, direction, or requirement of the Commission, or part or provision
thereof.
In case of a continuing violation, each day's continuance
thereof
shall be a separate and distinct offense.
In construing and enforcing the provisions of this Act relating to penalties,
the act, omission, or failure of any officer, agent, or employee of any
telecommunications carrier or of any person acting within the scope of his or
her duties or employment shall in every case be deemed to be the act,
omission, or failure of such telecommunications carrier or person.
If the party who has violated or failed to comply with this Act or an order,
decision, rule, regulation, direction, or requirement of the Commission, or any
part or provision thereof, fails to seek timely review pursuant to Sections
10-113 and 10-201 of this Act, the party shall, upon expiration of the
statutory time limit, be subject to the civil penalty provision of this
Section.
Twenty percent of all moneys collected under this Section shall be deposited
into the Digital Divide Elimination Fund and 20% of all moneys collected under
this Section shall be deposited into the Digital Divide Elimination
Infrastructure Fund.
(Source: P.A. 100-20, eff. 7-1-17.)
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