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90_SB0700eng
220 ILCS 5/13-102 from Ch. 111 2/3, par. 13-102
220 ILCS 5/13-103 from Ch. 111 2/3, par. 13-103
220 ILCS 5/13-203 from Ch. 111 2/3, par. 13-203
220 ILCS 5/13-210 from Ch. 111 2/3, par. 13-210
220 ILCS 5/13-216 new
220 ILCS 5/13-217 new
220 ILCS 5/13-405 from Ch. 111 2/3, par. 13-405
220 ILCS 5/13-502 from Ch. 111 2/3, par. 13-502
220 ILCS 5/13-511 new
220 ILCS 5/13-512 new
220 ILCS 5/13-513 new
220 ILCS 5/13-514 new
220 ILCS 5/13-515 new
220 ILCS 5/13-516 new
220 ILCS 5/13-517 new
220 ILCS 5/13-803 from Ch. 111 2/3, par. 13-803
740 ILCS 10/5 from Ch. 38, par. 60-5
Amends the telecommunications Article of the Public
Utilities Act. Makes legislative findings that changes in
telecommunications regulatory policy have brought benefits to
consumers except those in local exchange markets, which
remain organized as monopolies, and that the public interest
requires a change in the monopoly regulation of local
exchange telecommunications. Provides that for a service to
be classified as competitive, the service or a substitute
service must actually be supplied by more than one provider.
Requires the Illinois Commerce Commission to enforce
interconnection agreements entered into pursuant to the
federal Telecommunications Act of 1996. Establishes
penalties for violations of interconnection agreements.
Amends the Illinois Antitrust Act to remove the exemption
from that Act for telecommunications carriers. Changes the
sunset date for the Telecommunications Article to July 1,
2001 from July 1, 1999. Effective immediately.
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1 AN ACT relating to competition in the telecommunications
2 industry amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Administrative Procedure Act is
6 amended by changing Section 1-5 as follows:
7 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
8 Sec. 1-5. Applicability.
9 (a) This Act applies to every agency as defined in this
10 Act. Beginning January 1, 1978, in case of conflict between
11 the provisions of this Act and the Act creating or conferring
12 power on an agency, this Act shall control. If, however, an
13 agency has existing procedures on July 1, 1977, specifically
14 for contested cases or licensing, those existing provisions
15 control, except that this exception respecting contested
16 cases and licensing does not apply if the Act creating or
17 conferring power on the agency adopts by express reference
18 the provisions of this Act. Where the Act creating or
19 conferring power on an agency establishes administrative
20 procedures not covered by this Act, those procedures shall
21 remain in effect.
22 (b) The provisions of this Act do not apply to (i)
23 preliminary hearings, investigations, or practices where no
24 final determinations affecting State funding are made by the
25 State Board of Education, (ii) legal opinions issued under
26 Section 2-3.7 of the School Code, (iii) as to State colleges
27 and universities, their disciplinary and grievance
28 proceedings, academic irregularity and capricious grading
29 proceedings, and admission standards and procedures, and (iv)
30 the class specifications for positions and individual
31 position descriptions prepared and maintained under the
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1 Personnel Code. Those class specifications shall, however,
2 be made reasonably available to the public for inspection and
3 copying. The provisions of this Act do not apply to hearings
4 under Section 20 of the Uniform Disposition of Unclaimed
5 Property Act.
6 (c) Section 5-35 of this Act relating to procedures for
7 rulemaking does not apply to the following:
8 (1) Rules adopted by the Pollution Control Board
9 that, in accordance with Section 7.2 of the Environmental
10 Protection Act, are identical in substance to federal
11 regulations or amendments to those regulations
12 implementing the following: Sections 3001, 3002, 3003,
13 3004, 3005, and 9003 of the Solid Waste Disposal Act;
14 Section 105 of the Comprehensive Environmental Response,
15 Compensation, and Liability Act of 1980; Sections 307(b),
16 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
17 Water Pollution Control Act; and Sections 1412(b),
18 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
19 Water Act.
20 (2) Rules adopted by the Pollution Control Board
21 that establish or amend standards for the emission of
22 hydrocarbons and carbon monoxide from gasoline powered
23 motor vehicles subject to inspection under Section
24 13A-105 of the Vehicle Emissions Inspection Law and rules
25 adopted under Section 13B-20 of the Vehicle Emissions
26 Inspection Law of 1995.
27 (3) Procedural rules adopted by the Pollution
28 Control Board governing requests for exceptions under
29 Section 14.2 of the Environmental Protection Act.
30 (4) The Pollution Control Board's grant, pursuant
31 to an adjudicatory determination, of an adjusted standard
32 for persons who can justify an adjustment consistent with
33 subsection (a) of Section 27 of the Environmental
34 Protection Act.
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1 (5) Rules adopted by the Pollution Control Board
2 that are identical in substance to the regulations
3 adopted by the Office of the State Fire Marshal under
4 clause (ii) of paragraph (b) of subsection (3) of Section
5 2 of the Gasoline Storage Act.
6 (d) Pay rates established under Section 8a of the
7 Personnel Code shall be amended or repealed pursuant to the
8 process set forth in Section 5-50 within 30 days after it
9 becomes necessary to do so due to a conflict between the
10 rates and the terms of a collective bargaining agreement
11 covering the compensation of an employee subject to that
12 Code.
13 (e) Section 10-45 of this Act shall not apply to any
14 hearing, proceeding, or investigation conducted under Section
15 13-515 of the Public Utilities Act.
16 (Source: P.A. 87-823; 88-533.)
17 Section 10. The Public Utilities Act is amended by
18 changing Sections 10-111, 13-102, 13-103, 13-203, 13-405,
19 13-502, 13-504, 13-505, 13-509 and 13-803 and adding
20 Sections 13-505.7, 13-506, 13-512, 13-513, 13-514, 13-515,
21 and 13-516 as follows:
22 (220 ILCS 5/10-111) (from Ch. 111 2/3, par. 10-111)
23 Sec. 10-111. In any hearing, proceeding, investigation or
24 rulemaking conducted by the Commission, the Commission,
25 commissioner or hearing examiner presiding, shall, after the
26 close of evidentiary hearings, prepare a recommended or
27 tentative decision, finding or order including a statement of
28 findings and conclusions and the reasons or basis therefor,
29 on all the material issues of fact, law or discretion
30 presented on the record. Such recommended or tentative
31 decision, finding or order shall be served on all parties who
32 shall be entitled to a reasonable opportunity to respond
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1 thereto, either in briefs or comments otherwise to be filed
2 or separately. The recommended or tentative decision, finding
3 or order and any responses thereto, shall be included in the
4 record for decision. This Section shall not apply to any
5 hearing, proceeding, or investigation conducted under Section
6 13-515.
7 (Source: P.A. 84-617.)
8 (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
9 (This Section is scheduled to be repealed July 1, 1999.)
10 Sec. 13-102. Findings. With respect to
11 telecommunications services, as herein defined, the General
12 Assembly finds that:
13 (a) universally available and widely affordable
14 telecommunications services are essential to the health,
15 welfare and prosperity of all Illinois citizens;
16 (b) recent federal regulatory and judicial rulings in
17 the 1980s have caused a restructuring of the
18 telecommunications industry and have opened some aspects of
19 the industry to competitive entry, thereby necessitating
20 revision of State telecommunications regulatory policies and
21 practices;
22 (c) revisions in telecommunications regulatory policies
23 and practices in Illinois beginning in the mid-1980s brought
24 the benefits of competition to consumers in many
25 telecommunications markets, but not in local exchange
26 telecommunications service markets;
27 (d) the federal Telecommunications Act of 1996
28 established the goal of opening all telecommunications
29 service markets to competition and accords to the states the
30 responsibility to establish and enforce policies necessary to
31 attain that goal;
32 (e) it is in the immediate interest of the People of the
33 State of Illinois for the State to exercise its rights within
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1 the new framework of federal telecommunications policy to
2 ensure that the economic benefits of competition in all
3 telecommunications service markets are realized as
4 effectively as possible;
5 (f) (c) the competitive offering of all
6 telecommunications services will increase may create the
7 potential for increased innovation and efficiency in the
8 provision of telecommunications services and may lead to
9 reduced prices for consumers, increased investment in
10 communications infrastructure, the creation of new jobs, and
11 the attraction of new businesses to Illinois; and
12 (g) (d) protection of the public interest requires
13 changes in the continued regulation of telecommunications
14 carriers and services to ensure, to the maximum feasible
15 extent, the reasonable and timely development of effective
16 competition in all telecommunications service markets for the
17 foreseeable future.
18 (Source: P.A. 84-1063.)
19 (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
20 (This Section is scheduled to be repealed July 1, 1999.)
21 Sec. 13-103. Policy. Consistent with its findings, the
22 General Assembly declares that it is the policy of the State
23 of Illinois that:
24 (a) telecommunications services should be available to
25 all Illinois citizens at just, reasonable, and affordable
26 rates and that such services should be provided as widely and
27 economically as possible in sufficient variety, quality,
28 quantity and reliability to satisfy the public interest;
29 (b) when consistent with the protection of consumers of
30 telecommunications services and the furtherance of other
31 public interest goals, competition in all telecommunications
32 service markets should be pursued permitted to function as a
33 substitute for certain aspects of regulation in determining
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1 the variety, quality and price of telecommunications services
2 and that the economic burdens of regulation should be reduced
3 to the extent possible consistent with the furtherance of
4 market competition and protection of the public interest;
5 (c) all necessary and appropriate modifications to State
6 regulation of telecommunications carriers and services should
7 be implemented without unnecessary disruption to the
8 telecommunications infrastructure system or to consumers of
9 telecommunications services and that it is necessary and
10 appropriate to establish rules to encourage and ensure a
11 reasonable period of time to permit preparation for orderly
12 transitions in the development provision of markets for all
13 telecommunications services;
14 (d) the consumers of telecommunications services and
15 facilities provided by persons or companies subject to
16 regulation pursuant to this Act and Article should be
17 required to pay only reasonable and non-discriminatory rates
18 or charges and that in no case should rates or charges for
19 non-competitive telecommunications services include any
20 portion of the cost of providing competitive
21 telecommunications services, as defined in Section 13-209, or
22 the cost of any nonregulated activities;
23 (e) the regulatory policies and procedures provided in
24 this Article are established in recognition of the changing
25 nature of the telecommunications industry and therefore
26 should be subject to systematic legislative review to ensure
27 that the public benefits intended to result from such
28 policies and procedures are fully realized; and
29 (f) development of and prudent investment in advanced
30 telecommunications services and networks that foster economic
31 development of the State should be encouraged through the
32 implementation and enforcement of policies that promote
33 effective and sustained competition in all telecommunications
34 service markets.
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1 (Source: P.A. 87-856.)
2 (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
3 (This Section is scheduled to be repealed July 1, 1999.)
4 Sec. 13-203. Telecommunications service.
5 "Telecommunications service" means the provision or offering
6 for rent, sale or lease, or in exchange for other value
7 received, of the transmittal of information, by means of
8 electromagnetic, including light, transmission with or
9 without benefit of any closed transmission medium, including
10 all instrumentalities, facilities, apparatus, and services
11 (including the collection, storage, forwarding, switching,
12 and delivery of such information) used to provide such
13 transmission and also includes access and interconnection
14 arrangements and services.
15 "Telecommunications service" does not include, however:
16 (a) the rent, sale, or lease, or exchange for other
17 value received, of customer premises equipment except for
18 customer premises equipment owned or provided by a
19 telecommunications carrier and used for answering 911
20 calls, and except for customer premises equipment
21 provided under Section 13-703;
22 (b) telephone or telecommunications answering
23 services, paging services, and physical pickup and
24 delivery incidental to the provision of information
25 transmitted through electromagnetic, including light,
26 transmission;
27 (c) community antenna television service which is
28 operated to perform for hire the service of receiving and
29 distributing video and audio program signals by wire,
30 cable or other means to members of the public who
31 subscribe to such service, to the extent that such
32 service is utilized solely for the one-way distribution
33 of such entertainment services with no more than
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1 incidental subscriber interaction required for the
2 selection of such entertainment service.
3 The Commission may, by rulemaking, exclude (1) private
4 line service which is not directly or indirectly used for the
5 origination or termination of switched telecommunications
6 service, (2) cellular radio service, (3) high-speed
7 point-to-point data transmission at or above 9.6 kilobits, or
8 (4) the provision of telecommunications service by a company
9 or person otherwise subject to Section 13-202 (c) to a
10 telecommunications carrier, which is incidental to the
11 provision of service subject to Section 13-202 (c), from
12 active regulatory oversight to the extent it finds, after
13 notice, hearing and comment that such exclusion is consistent
14 with the public interest and the purposes and policies of
15 this Article. To the extent that the Commission has excluded
16 cellular radio service from active regulatory oversight for
17 any provider of cellular radio service in this State pursuant
18 to this Section, the Commission shall exclude all other
19 providers of cellular radio service in the State from active
20 regulatory oversight without an additional rulemaking
21 proceeding where there are 2 or more certified providers of
22 cellular radio service in a geographic area.
23 (Source: P.A. 87-856.)
24 (220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)
25 (This Section is scheduled to be repealed July 1, 1999.)
26 Sec. 13-405. Local exchange service authority; approval.
27 The Commission shall approve an application for a Certificate
28 of Exchange Service Authority only upon a showing by the
29 applicant, and a finding by the Commission, after notice and
30 hearing, that:
31 (a) the applicant possesses sufficient technical,
32 financial, and managerial resources and abilities to
33 provide local exchange telecommunications service.; and
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1 (b) that the exercise of the Certificate's
2 authority by the applicant would not adversely affect
3 prices, network design, or the financial viability of the
4 principal provider of local exchange telecommunications
5 service.
6 The Commission shall not approve or issue a Certificate
7 of Exchange Service Authority to more than one
8 telecommunications carrier for any exchange prior to January
9 1, 1989; provided, however, that a Certificate of Exchange
10 Service Authority may be issued before such time, subject to
11 appropriate Commission approval, pursuant to this Section, to
12 any telecommunications carrier providing predominantly direct
13 nonswitched access service between a customer or user and any
14 telecommunications carrier providing inter-MSA, inter-LATA or
15 inter-state telecommunications service, or between such
16 telecommunications carriers, for the purpose of providing
17 such direct access service.
18 (Source: P.A. 84-1063.)
19 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
20 (This Section is scheduled to be repealed July 1, 1999.)
21 Sec. 13-502. Classification of services.
22 (a) All telecommunications services offered or provided
23 under tariff by telecommunications carriers shall be
24 classified as either competitive or noncompetitive. A
25 telecommunications carrier may offer or provide either
26 competitive or noncompetitive telecommunications services, or
27 both, subject to proper certification and other applicable
28 provisions of this Article. Any tariff filed with the
29 Commission as required by Section 13-501 shall indicate
30 whether the service to be offered or provided is competitive
31 or noncompetitive.
32 (b) A service shall be classified as competitive only
33 if, and only to the extent that, for some identifiable class
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1 or group of customers in an exchange, group of exchanges, or
2 some other clearly defined geographical area, such service,
3 or its functional equivalent, or a substitute service, is
4 reasonably available from more than one provider, whether or
5 not any such provider is a telecommunications carrier subject
6 to regulation under this Act. All telecommunications services
7 not properly classified as competitive shall be classified as
8 noncompetitive. The Commission shall have the power to
9 investigate the propriety of any classification of a
10 telecommunications service on its own motion and shall
11 investigate upon complaint. In any hearing or investigation,
12 the burden of proof as to the proper classification of any
13 service shall rest upon the telecommunications carrier
14 providing the service. After notice and hearing, the
15 Commission shall order the proper classification of any
16 service in whole or in part. The Commission shall make its
17 determination and issue its final order no later than 180
18 days from the date such hearing or investigation is
19 initiated. If the Commission enters into a hearing upon
20 complaint and if the Commission fails to issue an order
21 within that period, the complaint shall be deemed granted
22 unless the Commission, the complainant, and the
23 telecommunications carrier providing the service agree to
24 extend the time period.
25 (c) No tariff classifying a new telecommunications
26 service as competitive or reclassifying a previously
27 noncompetitive telecommunications service as competitive,
28 which is filed by a telecommunications carrier which also
29 offers or provides noncompetitive telecommunications service,
30 shall be effective unless and until such telecommunications
31 carrier offering or providing, or seeking to offer or
32 provide, such proposed competitive service prepares and files
33 a study of the long-run service incremental cost underlying
34 such service and demonstrates that the tariffed rates and
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1 charges for the service and any relevant group of services
2 that includes the proposed competitive service and for which
3 resources are used in common solely by that group of services
4 are not less than the long-run service incremental cost of
5 providing the service and each relevant group of services.
6 Such study shall be given proprietary treatment by the
7 Commission at the request of such carrier if any other
8 provider of the competitive service, its functional
9 equivalent, or a substitute service in the geographical area
10 described by the proposed tariff has not filed, or has not
11 been required to file, such a study.
12 (d) In the event any telecommunications service has been
13 classified and filed as competitive by the telecommunications
14 carrier, and has been offered or provided on such basis, and
15 the Commission subsequently determines after investigation
16 that such classification improperly included services which
17 were in fact noncompetitive, the Commission shall have the
18 power to determine and order refunds to customers for any
19 overcharges which may have resulted from the improper
20 classification, or to order such other remedies provided to
21 it under this Act, or to seek an appropriate remedy or relief
22 in a court of competent jurisdiction.
23 (e) Any telecommunications carrier which seeks to file a
24 tariff classifying a new telecommunications service as
25 competitive or reclassifying a previously noncompetitive
26 telecommunications service as competitive may, instead of
27 filing such new tariff and offering and providing such
28 service as competitive subject to refund, apply to the
29 Commission, prior to offering or providing such service as
30 competitive, for an order finding that the proposed tariff is
31 proper and consistent with law. Any telecommunications
32 carrier applying for Commission approval pursuant to this
33 paragraph (e) shall provide timely and effective notice of
34 its application and proposed tariff to potentially affected
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1 providers and customers in a manner to be determined by the
2 Commission.
3 Upon such application and notice, the Commission may make
4 its findings without hearing within 21 days of the filing of
5 the application and may allow such tariff to take immediate
6 effect thereafter if there is no request for hearing by
7 potentially affected providers or customers. The Commission
8 shall, however, enter into hearings to determine the
9 propriety and legality of the proposed tariffs upon such
10 request or if the Commission, in its discretion, believes
11 such hearings are necessary.
12 If the Commission enters into hearings upon the
13 application, it shall issue a final order within 180 days of
14 such application, and, if the Commission fails to issue an
15 order within such period, the application shall be deemed
16 granted, unless, however, the Commission, the applicant and
17 all parties to the hearing agree to extend such time period.
18 The Commission shall have the power to issue an interim order
19 allowing the proposed tariff to take effect during the 180
20 day period subject to refund and such other conditions as the
21 Commission may provide. If no hearing or investigation
22 regarding the propriety of a competitive classification of a
23 telecommunications service is initiated within 180 days after
24 a telecommunications carrier files a tariff listing such
25 telecommunications service as competitive, no refunds to
26 customers for any overcharges which may result from an
27 improper classification shall be ordered for the period from
28 the time the telecommunications carrier filed such tariff
29 listing the service as competitive up to the time an
30 investigation of the service classification is initiated by
31 the Commission's own motion or the filing of a complaint.
32 Where a hearing or an investigation regarding the propriety
33 of a telecommunications service classification as competitive
34 is initiated after 180 days from the filing of the tariff,
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1 the period subject to refund for improper classification
2 shall begin on the date such investigation or hearing is
3 initiated by the filing of a Commission motion or a
4 complaint.
5 (Source: P.A. 87-856.)
6 (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
7 (This Section is scheduled to be repealed July 1, 1999.)
8 Sec. 13-504. Application of ratemaking provisions of
9 Article IX.
10 (a) Except where the context clearly renders such
11 provisions inapplicable, the ratemaking provisions of Article
12 IX of this Act relating to public utilities are fully and
13 equally applicable to the rates, charges, tariffs and
14 classifications for the offer or provision of noncompetitive
15 telecommunications services. However, the ratemaking
16 provisions do not apply to any proposed change in rates or
17 charges, any proposed change in any classification or tariff
18 resulting in a change in rates or charges, or the
19 establishment of new services and rates therefor for a
20 noncompetitive local exchange telecommunications service
21 offered or provided by a local exchange telecommunications
22 carrier with no more than 35,000 subscriber access lines.
23 Proposed changes in rates, charges, classifications, or
24 tariffs meeting these criteria shall be permitted upon the
25 filing of the proposed tariff and 30 days notice to the
26 Commission and all potentially affected customers. The
27 proposed changes shall not be subject to suspension. The
28 Commission shall investigate whether any proposed change is
29 just and reasonable only if a telecommunications carrier that
30 is a customer of the local exchange telecommunications
31 carrier or 10% of the potentially affected access line
32 subscribers of the local exchange telecommunications carrier
33 shall file a petition or complaint requesting an
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1 investigation of the proposed changes. When the
2 telecommunications carrier or 10% of the potentially affected
3 access line subscribers of a local exchange
4 telecommunications carrier file a complaint, the Commission
5 shall, after notice and hearing, have the power and duty to
6 establish the rates, charges, classifications, or tariffs it
7 finds to be just and reasonable.
8 (b) Subsection (c) of Section 13-502 and Sections
9 13-505.1, 13-505.4, 13-505.6, and 13-507 of this Article do
10 not apply to rates or charges or proposed changes in rates or
11 charges for applicable competitive or interexchange services
12 when offered or provided by a local exchange
13 telecommunications carrier with no more than 35,000
14 subscriber access lines. In addition, Sections 13-514,
15 13-515, and 13-516 do not apply to telecommunications
16 carriers with no more than 35,000 subscriber access lines.
17 The Commission may require telecommunications carriers with
18 no more than 35,000 subscriber access lines to furnish
19 information that the Commission deems necessary for a
20 determination that rates and charges for any competitive
21 telecommunications service are just and reasonable.
22 (c) For a local exchange telecommunications carrier with
23 no more than 35,000 access lines, the Commission shall
24 consider and adjust, as appropriate, a local exchange
25 telecommunications carrier's depreciation rates only in
26 ratemaking proceedings.
27 (d) Article VI and Sections 7-101 and 7-102 of Article
28 VII of this Act pertaining to public utilities, public
29 utility rates and services, and the regulation thereof are
30 not applicable to local exchange telecommunication carriers
31 with no more than 35,000 subscriber access lines.
32 (Source: P.A. 89-139, eff. 1-1-96.)
33 (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
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1 (This Section is scheduled to be repealed July 1, 1999.)
2 Sec. 13-505. Rate changes; competitive services.
3 Proposed changes in rates or charges, or any classification
4 or tariff provision affecting rates or charges, for any
5 competitive telecommunications service, shall be treated
6 pursuant to this Section as follows:
7 (a) Any proposed increase or decrease in rates or
8 charges, or proposed change in any classification or tariff
9 resulting in an increase or a decrease in rates or charges,
10 for a competitive telecommunications service shall be
11 permitted upon the filing of the proposed rate, charge,
12 classification, or tariff.;
13 (b) any proposed increase in rates or charges, or
14 proposed change in any classification or tariff resulting in
15 an increase in rates or charges, for a competitive
16 telecommunications service shall be permitted by the filing
17 of the proposed rate, charge, classification, or tariff and
18 shall become effective 14 days after its filing. Prior
19 notice of an increase shall also be given to all potentially
20 affected customers by mail, publication in a newspaper of
21 general circulation, or equivalent means of notice; and.
22 (b)(c) If a hearing is held pursuant to Section 9-250
23 regarding the reasonableness of an increase in the rates or
24 charges of a competitive local exchange service, then the
25 telecommunications carrier providing the service shall have
26 the burden of proof to establish the justness and
27 reasonableness of the proposed rate or charge.
28 (Source: P.A. 87-856.)
29 (220 ILCS 5/13-505.7 new)
30 Sec. 13-505.7. Bundling. Nothing in this Act shall
31 prohibit the bundling of any telecommunications services,
32 provided that for a telecommunications carrier that provides
33 both noncompetitive and competitive services the price for a
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1 bundle of telecommunications services shall not be less than
2 the aggregate of the unbundled prices of the
3 telecommunications services offered in the bundle.
4 (220 ILCS 5/13-506 new)
5 Sec. 13-506. Tariffs for competitive telecommunications
6 services. (a) Telecommunications carriers may file proposed
7 tariffs for any competitive telecommunications service which
8 includes and specifically describes a range, band, formula,
9 or standard within which or by which a change in rates or
10 charges for such telecommunications service could be made
11 without prior notice or prior Commission approval, provided
12 that any and all rates or charges within the band or range,
13 or determinable by the operation of the formula or standard,
14 are consistent with the public interest and the purpose and
15 policies of this Article and Act, and are likely to remain so
16 for the forseeable future. To the extent any proposed band
17 or range encompasses rates or charges which are not
18 consistent with the public interest and the purposes and
19 policies of this Article and Act or otherwise fully proper,
20 or any proposed formula or standard determines rates or
21 charges which are not consistent with the purposes and
22 policies of this Article and Act or otherwise fully proper,
23 the Commission after notice and hearing shall have the power
24 to modify the level, scope, or limits of such band or range,
25 and to modify or limit the operation of such formula or
26 standard, as necessary, to ensure that rates or charges
27 resulting therefrom are consistent with the purposes and
28 policies of this Article and Act and fully proper, and likely
29 to remain so in the forseeable future.
30 (b) The Commission may require a telecommunications
31 carrier to file a variable tariff as described in paragraph
32 (a) for any or all competitive telecommunications services
33 which are offered or provided by such carrier, if the
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1 Commission finds, after notice and hearing, that the
2 determination of rates or charges for such service by a
3 tariff would improve the Commission's ability to effectively
4 regulate such rates or charges and that such improvement is
5 required by the public interest. Any such tariff required by
6 the Commission shall be approved only if it is also
7 consistent with the provisions of paragraph (a) of this
8 Section.
9 (c) When the Commission approves a variable tariff, as
10 proposed or modified pursuant to this Section, the
11 telecommunications carrier shall place such tariff in effect
12 thereafter and such tariff shall determine rates or charges
13 according to the provisions thereof.
14 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
15 (This Section is scheduled to be repealed July 1, 1999.)
16 Sec. 13-509. Agreements for provisions of competitive
17 telecommunications services differing from tariffs. A
18 telecommunications carrier offering or providing competitive
19 telecommunications service may negotiate with customers or
20 prospective customers to provide competitive
21 telecommunications service for the provision by it of such
22 service, and in so doing, may offer or agree to provide such
23 service on such terms and for such rates or charges as it
24 deems are reasonable, without regard to any tariffs it may
25 have filed with the Commission with respect to such services.
26 Within 10 business days after concluding executing any such
27 agreement, the telecommunications carrier shall file any
28 contract or memorandum of understanding for the provision of
29 telecommunications service, which shall include the rates or
30 other charges, practices, rules or regulations applicable to
31 the agreed provision of such service. Cost support for the
32 agreement shall be filed within 30 calendar days after
33 executing any such agreement. Where the agreement contains
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1 the same rates, charges, practices, rules, and regulations
2 found in a single contract or memorandum already filed by the
3 telecommunications carrier with the Commission, instead of
4 filing the contract or memorandum, the telecommunications
5 carrier may elect to file a letter identifying the new
6 agreement and specifically referencing the contract or
7 memorandum already on file with the Commission which contains
8 the same provisions. A single letter may be used to file
9 more than one new agreement. Upon filing its contract or
10 memorandum, or letter, the telecommunications carrier shall
11 thereafter provide service according to the terms thereof,
12 unless the Commission finds, after notice and hearing, that
13 the continued provision of service pursuant to such contract
14 or memorandum would substantially and adversely affect the
15 financial integrity of the telecommunications carrier or
16 would cause the cross-subsidization of any competitive
17 service by any noncompetitive service violate any other
18 provision of this Act.
19 Any contract or memorandum entered into and filed
20 pursuant to the provisions of this Section may, in the
21 Commission's discretion, be accorded proprietary treatment.
22 (Source: P.A. 84-1063.)
23 (220 ILCS 5/13-512 new)
24 (This Section is scheduled to be repealed July 1, 1999.)
25 Sec. 13-512. Rules; review. The Commission shall have
26 general rulemaking authority to make rules necessary to
27 enforce this Article. However, not later than 270 days after
28 the effective date of this amendatory Act of 1997, and every
29 2 years thereafter, the Commission shall review all rules
30 issued under this Article that apply to the operations or
31 activities of any telecommunications carrier. The Commission
32 shall, after notice and hearing, repeal or modify any rule it
33 determines to be no longer in the public interest as the
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1 result of the reasonable availability of competitive
2 telecommunications services.
3 (220 ILCS 5/13-513 new)
4 (This Section is scheduled to be repealed July 1, 1999.)
5 Sec. 13-513. Waiver of rules. A telecommunications
6 carrier may petition for waiver of the application of a rule
7 issued pursuant to this Act. The burden of proof in
8 establishing the right to a waiver shall be upon the
9 petitioner. The petition shall include a demonstration that
10 the waiver would not harm consumers and would not impede the
11 development or operation of a competitive market. Upon such
12 demonstration, the Commission may waive the application of a
13 rule, but not the application of a provision of this Act.
14 The Commission may conduct an investigation of the petition
15 on its own motion or at the request of a potentially affected
16 person. If no investigation is conducted, the waiver shall
17 be deemed granted 30 days after the petition is filed.
18 (220 ILCS 5/13-514 new)
19 (This Section is scheduled to be repealed July 1, 1999.)
20 Sec. 13-514. Prohibited Actions of Telecommunications
21 Carriers. A telecommunications carrier shall not knowingly
22 impede the development of competition in any
23 telecommunications service market. The following prohibited
24 actions are considered per se impediments to the development
25 of competition; however, the Commission is not limited in any
26 manner to these enumerated impediments and may consider other
27 actions which impede competition to be prohibited:
28 (1) unreasonably refusing or delaying interconnections
29 or providing inferior connections to another
30 telecommunications carrier;
31 (2) unreasonably impairing the speed, quality, or
32 efficiency of services used by another telecommunications
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1 carrier;
2 (3) unreasonably denying a request of another provider
3 for information regarding the technical design and features,
4 geographic coverage, information necessary for the design of
5 equipment, and traffic capabilities of the local exchange
6 network except for proprietary information unless such
7 information is subject to a proprietary agreement or
8 protective order;
9 (4) unreasonably delaying access in connecting another
10 telecommunications carrier to the local exchange network
11 whose product or service requires novel or specialized access
12 requirements;
13 (5) unreasonably refusing or delaying access by any
14 person to another telecommunications carrier;
15 (6) unreasonably acting or failing to act in a manner
16 that has a substantial adverse effect on the ability of
17 another telecommunications carrier to provide service to its
18 customers;
19 (7) unreasonably failing to offer services to customers
20 in a local exchange, where a telecommunications carrier is
21 certificated to provide service and has entered into an
22 interconnection agreement for the provision of local exchange
23 telecommunications services, with the intent to delay or
24 impede the ability of the incumbent local exchange
25 telecommunications carrier to provide inter-LATA
26 telecommunications services; and
27 (8) violating the terms of or unreasonably delaying
28 implementation of an interconnection agreement entered into
29 pursuant to Section 252 of the federal Telecommunications Act
30 of 1996 in a manner that unreasonably delays or impedes the
31 availability of telecommunications services to consumers.
32 (220 ILCS 5/13-515 new)
33 (This Section is scheduled to be repealed July 1, 1999.)
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1 Sec. 13-515. Enforcement.
2 (a) The Commission shall enforce the provisions of
3 Section 13-514 of this Act. Unless the Commission and the
4 parties otherwise mutually agree, the Commission shall use
5 the procedures set forth in this Section for the review of
6 complaints relating to violations of Section 13-514.
7 (b) This Section shall not apply to interconnection
8 agreements with a Bell operating company as defined in
9 Section 3 of the federal Telecommunications Act of 1996
10 unless and until the date such company or its affiliate is
11 authorized to provide inter-LATA services under Section
12 271(d) of that Act.
13 (c) No complaint may be filed under this Section until
14 the complainant has first notified the respondent of the
15 alleged violation and offered the respondent 48 hours to
16 correct the situation. Provision of notice and the
17 opportunity to correct the situation creates a rebuttable
18 presumption of knowledge under Section 13-514.
19 (d) A telecommunications carrier may file a complaint
20 with the Commission alleging a violation of Section 13-514 in
21 accordance with this subsection:
22 (1) The complaint shall be filed with the Chief
23 Clerk of the Commission and shall be served in hand upon
24 the respondent, the executive director, and the general
25 counsel of the Commission at the time of the filing.
26 (2) A complaint filed under this subsection shall
27 include a statement that the requirements of subsection
28 (c) have been fulfilled and that the respondent did not
29 correct the situation as requested.
30 (3) Reasonable discovery specific to the issue of
31 the complaint may commence upon filing of the complaint.
32 Requests for discovery must be served in hand and
33 responses to discovery must be provided in hand to the
34 requester within 14 days after a request for discovery is
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1 made.
2 (4) An answer and any other responsive pleading to
3 the complaint shall be filed with the Commission and
4 served in hand at the same time upon the complainant, the
5 executive director, and the general counsel of the
6 Commission within 7 days after the date on which the
7 complaint is filed.
8 (5) A determination as to reasonable grounds for
9 the complaint and, if appropriate, a directive for legal
10 notice of a hearing shall be made within 3 days after the
11 date on which the answer is filed.
12 (6) A pre-hearing conference shall be held within
13 14 days after the date on which the complaint is filed.
14 (7) The hearing shall commence within 30 days of
15 the date on which the complaint is filed. The hearing
16 may be conducted by a hearing examiner or by an
17 arbitrator. Parties and the Commission staff shall be
18 entitled to present evidence and legal argument in oral
19 or written form as deemed appropriate by the hearing
20 examiner or arbitrator. The hearing examiner or
21 arbitrator shall issue a written decision within 60 days
22 after the date on which the complaint is filed. The
23 decision shall include reasons for the disposition of the
24 complaint and, if a violation of Section 13-514 is found,
25 directions and a deadline for correction of the
26 violation. The decision of the hearing examiner or
27 arbitrator shall be considered a final order of the
28 Commission after 10 days unless the Commission enters its
29 own final order within 10 days of the decision of the
30 hearing examiner or arbitrator.
31 (e) If the alleged violation has a substantial adverse
32 effect on the ability of the complainant to provide service
33 to customers, the complainant may include in its complaint a
34 request for an order for emergency relief. The Commission,
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1 acting through its designated hearing examiner or arbitrator,
2 shall act upon such a request within 2 business days of the
3 filing of the complaint. An order for emergency relief may
4 be granted, without an evidentiary hearing, upon a verified
5 factual showing that the party seeking relief will likely
6 succeed on the merits, that the party will suffer irreparable
7 harm in its ability to serve customers if emergency relief is
8 not granted, and that the order is in the public interest.
9 An order for emergency relief shall include a finding that
10 the requirements of this subsection have been fulfilled and
11 shall specify the directives that must be fulfilled by the
12 respondent and deadlines for meeting those directives. The
13 decision of the hearing examiner or arbitrator to grant or
14 deny emergency relief shall be considered an order of the
15 Commission unless the Commission enters its own order within
16 2 calendar days of the decision of the hearing examiner or
17 arbitrator. The order for emergency relief may require the
18 responding party to act or refrain from acting so as to
19 protect the provision of competitive service offerings to
20 customers. Any action required by an emergency relief order
21 must be technically feasible and economically reasonable and
22 the respondent must be given a reasonable period of time to
23 comply with the order.
24 (f) The Commission is authorized to obtain outside
25 resources including, but not limited to, arbitrators and
26 consultants for the purposes of the hearings authorized by
27 this Section. Any arbitrator or consultant obtained by the
28 Commission shall be approved by both parties to the hearing.
29 (g) The Commission shall assess the parties for the
30 Commission's costs of investigation and conduct of the
31 proceedings, dividing the costs according to the resolution
32 of the complaint brought under this Section. All assessments
33 shall be paid into the Public Utility Fund within 60 days
34 after receiving notice of the assessments from the
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1 Commission. Interest at the statutory rate shall accrue
2 after the expiration of the 60 day period. The Commission is
3 authorized to apply to a court of competent jurisdiction for
4 an order requiring payment.
5 (h) If the Commission determines that there is an
6 imminent threat to competition or to the public interest, the
7 Commission may, notwithstanding any other provision of this
8 Act, seek temporary, preliminary, or permanent injunctive
9 relief from a court of competent jurisdiction either prior to
10 or after the hearing.
11 (i) A party shall not bring or defend a proceeding
12 brought under this Section or assert or controvert an issue
13 in a proceeding brought under this Section, unless there is a
14 non-frivolous basis for doing so. By presenting a pleading,
15 written motion, or other paper in complaint or defense of the
16 actions or inaction of a party under this Section, a party is
17 certifying to the Commission that to the best of that party's
18 knowledge, information, and belief, formed after a reasonable
19 inquiry of the subject matter of the complaint or defense,
20 that the complaint or defense is well grounded in law and
21 fact, and under the circumstances:
22 (1) it is not being presented to harass the other
23 party, cause unnecessary delay in the provision of
24 competitive telecommunications services to consumers, or
25 create needless increases in the cost of litigation; and
26 (2) the allegations and other factual contentions
27 have evidentiary support or, if specifically so
28 identified, are likely to have evidentiary support after
29 reasonable opportunity for further investigation or
30 discovery as defined herein.
31 (j) If, after notice and a reasonable opportunity to
32 respond, the Commission determines that subsection (i) has
33 been violated, the Commission shall impose appropriate
34 sanctions upon the party or parties that have violated
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1 subsection (i) or are responsible for the violation. The
2 sanctions shall be not more than $7,500, plus the amount of
3 expenses accrued by the Commission for conducting the
4 hearing. Payment of sanctions imposed under this subsection
5 shall be made to the Common School Fund within 30 days of
6 imposition of such sanctions.
7 (k) An appeal of a Commission Order made pursuant to
8 this Section shall not effectuate a stay of the Order unless
9 a court of competent jurisdiction specifically finds that the
10 party seeking the stay will likely succeed on the merits,
11 that the party will suffer irreparable harm without the stay,
12 and that the stay is in the public interest.
13 (220 ILCS 5/13-516 new)
14 (This Section is scheduled to be repealed July 1, 1999.)
15 Sec. 13-516. Penalties for violation of a Commission
16 order relating to prohibited actions of telecommunications
17 carriers.
18 (a) Notwithstanding any other provision of this Act, the
19 Commission may impose penalties of up to $30,000 per
20 violation of a final order or emergency relief order issued
21 pursuant to Section 13-515 of this Act. Each day of a
22 continuing offense shall be treated as a separate violation
23 for purposes of levying any penalty under this Section. The
24 period for which the fine shall be levied shall commence on
25 the day the Commission order requires compliance with the
26 order and shall continue until the party is in compliance
27 with the Commission order.
28 (b) The Commission may waive penalties imposed under
29 subsection (a) if it makes a written finding as to its
30 reasons for waiving the fine. Reasons for waiving a fine
31 shall include, but not be limited to, technological
32 infeasibility and acts of God.
33 (c) The Commission shall establish by rule procedures
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1 for the imposition of penalties under subsection (a) that, at
2 a minimum, provide for notice, hearing and a written order
3 relating to the imposition of penalties.
4 (d) The Commission is authorized to apply to a court of
5 competent jurisdiction for an order requiring payment of
6 penalties imposed under subsection (a).
7 (e) Payment of penalties imposed under subsection (a)
8 shall be made to the Common School Fund within 30 days of
9 issuance of the Commission order imposing the penalties.
10 (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803)
11 (This Section is scheduled to be repealed July 1, 1999.)
12 Sec. 13-803. Repealer. The provisions of this Article
13 XIII are repealed effective July 1, 2001 1999.
14 (Source: P.A. 86-1475; 87-821; 87-856.)
15 Section 15. The Illinois Antitrust Act is amended by
16 changing Section 5 as follows:
17 (740 ILCS 10/5) (from Ch. 38, par. 60-5)
18 Sec. 5. No provisions of this Act shall be construed to
19 make illegal:
20 (1) the activities of any labor organization or of
21 individual members thereof which are directed solely to labor
22 objectives which are legitimate under the laws of either the
23 State of Illinois or the United States;
24 (2) the activities of any agricultural or horticultural
25 cooperative organization, whether incorporated or
26 unincorporated, or of individual members thereof, which are
27 directed solely to objectives of such cooperative
28 organizations which are legitimate under the laws of either
29 the State of Illinois or the United States;
30 (3) the activities of any public utility or
31 telecommunications carrier, as defined in Section Sections
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1 3-105 and 13-202 of the Public Utilities Act to the extent
2 that such activities are subject to the jurisdiction of the
3 Illinois Commerce Commission, or to the activities of
4 telephone mutual concerns referred to in Section 13-202 of
5 the Public Utilities Act to the extent such activities relate
6 to the providing and maintenance of telephone service to
7 owners and customers;
8 (4) The activities of a telecommunications carrier, as
9 defined in Section 13-202 of the Public Utilities Act, to the
10 extent those activities relate to the provision of
11 noncompetitive telecommunications services under the Public
12 Utilities Act and are subject to the jurisdiction of the
13 Illinois Commerce Commission or to the activities of
14 telephone mutual concerns referred to in Section 13-202 of
15 the Public Utilities Act to the extent those activities
16 relate to the provision and maintenance of telephone service
17 to owners and customers;
18 (5) (4) the activities (including, but not limited to,
19 the making of or participating in joint underwriting or joint
20 reinsurance arrangement) of any insurer, insurance agent,
21 insurance broker, independent insurance adjuster or rating
22 organization to the extent that such activities are subject
23 to regulation by the Director of Insurance of this State
24 under, or are permitted or are authorized by, the Insurance
25 Code or any other law of this State;
26 (6) (5) the religious and charitable activities of any
27 not-for-profit corporation, trust or organization established
28 exclusively for religious or charitable purposes, or for both
29 purposes;
30 (7) (6) the activities of any not-for-profit corporation
31 organized to provide telephone service on a mutual or
32 co-operative basis or electrification on a co-operative
33 basis, to the extent such activities relate to the marketing
34 and distribution of telephone or electrical service to owners
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1 and customers;
2 (8) (7) the activities engaged in by securities dealers
3 who are (i) licensed by the State of Illinois or (ii) members
4 of the National Association of Securities Dealers or (iii)
5 members of any National Securities Exchange registered with
6 the Securities and Exchange Commission under the Securities
7 Exchange Act of 1934, as amended, in the course of their
8 business of offering, selling, buying and selling, or
9 otherwise trading in or underwriting securities, as agent,
10 broker, or principal, and activities of any National
11 Securities Exchange so registered, including the
12 establishment of commission rates and schedules of charges;
13 (9) (8) the activities of any board of trade designated
14 as a "contract market" by the Secretary of Agriculture of the
15 United States pursuant to Section 5 of the Commodity Exchange
16 Act, as amended;
17 (10) (9) the activities of any motor carrier, rail
18 carrier, or common carrier by pipeline, as defined in the
19 Common Carrier by Pipeline The Illinois Commercial
20 Transportation Law of the Public Utilities Act The Illinois
21 Vehicle Code, as amended, to the extent that such activities
22 are permitted or authorized by the Act or are subject to
23 regulation by the Illinois Commerce Commission;
24 (11) (10) the activities of any state or national bank
25 to the extent that such activities are regulated or
26 supervised by officers of the state or federal government
27 under the banking laws of this State or the United States;
28 (12) (11) the activities of any state or federal savings
29 and loan association to the extent that such activities are
30 regulated or supervised by officers of the state or federal
31 government under the savings and loan laws of this State or
32 the United States;
33 (13) (12) the activities of any bona fide not-for-profit
34 association, society or board, of attorneys, practitioners of
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1 medicine, architects, engineers, land surveyors or real
2 estate brokers licensed and regulated by an agency of the
3 State of Illinois, in recommending schedules of suggested
4 fees, rates or commissions for use solely as guidelines in
5 determining charges for professional and technical services;
6 (14) (13) Conduct involving trade or commerce (other
7 than import trade or import commerce) with foreign nations
8 unless:
9 (a) such conduct has a direct, substantial, and
10 reasonably foreseeable effect:
11 (i) on trade or commerce which is not trade or commerce
12 with foreign nations, or on import trade or import commerce
13 with foreign nations; or
14 (ii) on export trade or export commerce with foreign
15 nations of a person engaged in such trade or commerce in the
16 United States; and
17 (b) such effect gives rise to a claim under the
18 provisions of this Act, other than this subsection (14) (13).
19 (c) If this Act applies to conduct referred to in this
20 subsection (14) (13) only because of the provisions of
21 paragraph (a)(ii), then this Act shall apply to such conduct
22 only for injury to export business in the United States which
23 affects this State; or
24 (15) (14) the activities of a unit of local government
25 or school district and the activities of the employees,
26 agents and officers of a unit of local government or school
27 district.
28 (Source: P.A. 85-553.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.