State of Illinois
90th General Assembly
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90_SB1543

      220 ILCS 5/13-902
          Amends the Public Utilities Act.  Establishes  conditions
      under  which a change in telecommunications services provided
      or a change in the provider of  services  may  be  made  with
      respect to a subscriber.  Effective immediately.
                                                     LRB9011123JSgc
                                               LRB9011123JSgc
 1        AN  ACT  concerning  subscription  to  telecommunications
 2    services, amending a named Act.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  Public  Utilities  Act  is  amended  by
 6    changing Section 13-902 as follows:
 7        (220 ILCS 5/13-902)
 8        (Section scheduled to be repealed on July 1, 2001)
 9        Sec.  13-902.  Rules  for  verification of a subscriber's
10    change in telecommunications carrier.
11        (a)  A subscriber of a telecommunications carrier may not
12    be switched to another telecommunications carrier without the
13    subscriber's authorization.
14        (b)  A telecommunications carrier shall not effectuate  a
15    change  to  a  subscriber's  telecommunications  services  by
16    providing   an   additional   residential  telecommunications
17    service that results in a recurring additional monthly charge
18    to the subscriber  (herein  referred  to  as  an  "additional
19    residential  telecommunications  service")  without following
20    the notification procedures set forth in  this  Section.   An
21    "additional  telecommunications  service"  does  not  include
22    making  available  any additional telecommunications services
23    on a subscriber's line when the subscriber activates and pays
24    for the services on a per use  basis,  nor  does  it  include
25    changes  to  a  subscriber's bill caused by changes in taxes,
26    changes in subscriber locations, or preferred carrier  change
27    charges.
28        (c)  It  is  the responsibility of the company or carrier
29    requesting a  change  in  a  subscriber's  telecommunications
30    carrier  to  obtain  the  subscriber's  authorization for the
31    change whenever the company or carrier acts as a subscriber's
                            -2-                LRB9011123JSgc
 1    agent with respect to the change.
 2        (d)  A company  or  carrier  requesting  a  change  in  a
 3    subscriber's   telecommunications  carrier  as  described  in
 4    subsection (c) shall  be  solely  responsible  for  providing
 5    written  notice of the change to the subscriber in accordance
 6    with this Section.  In addition, a telecommunications carrier
 7    that provides any additional  residential  telecommunications
 8    services  to  a  subscriber  shall  be solely responsible for
 9    providing  written  notice  of  the  additional   residential
10    telecommunications  services  to the subscriber in accordance
11    with this Section.   The notice shall be provided as follows:
12             (1)  A letter to the subscriber must be mailed using
13        first class mail, postage prepaid, no later than 72 hours
14        after implementation of  a  change  in  the  subscriber's
15        telecommunications  carrier  or  the  installation of the
16        addition of any residential telecommunications services.
17             (2)  The letter must be a separate document sent for
18        the sole purpose of describing the changes  or  additions
19        authorized by the subscriber.
20             (3)  The  letter  must  be  printed with 10 point or
21        larger type and contain clear  and  plain  language  that
22        confirms  the  details  of  a  change  in  carrier or the
23        addition of residential telecommunications  services  and
24        provides  the  subscriber with a toll free number to call
25        should the subscriber wish to  delete  services  or  make
26        additional changes.
27        (e)  The  Commission shall promulgate any rules necessary
28    to ensure that a subscriber of a  telecommunications  carrier
29    is not switched to another telecommunications carrier or that
30    additions   are   not  made  to  a  subscriber's  residential
31    telecommunications   services   without   the    subscriber's
32    authorization.   The  rules  promulgated  under  this Section
33    shall comport with the rules and orders  issued  pursuant  to
34    Section  2DD  of  the  Consumer  Fraud and Deceptive Business
                            -3-                LRB9011123JSgc
 1    Practices Act.
 2        (f)  Complaints may be filed with  the  Commission  under
 3    this Section by a subscriber who has been switched to another
 4    telecommunications  carrier without authorization or has been
 5    provided residential telecommunications services not  ordered
 6    by  the  subscriber  by a telecommunications carrier that has
 7    been removed as  a  subscriber's  telecommunications  carrier
 8    without   authorization.   The  Commission  may  initiate  an
 9    investigation or hearing on its own motion.   Hearings  shall
10    be  held pursuant to Article 10 of this Act.  If after notice
11    and hearing, the Commission finds that  a  telecommunications
12    carrier has violated this Section or a rule promulgated under
13    this Section, the Commission may in its discretion:
14             (1)  In   case   of  an  unauthorized  switch  to  a
15        telecommunications   carrier,   require   the   violating
16        telecommunications carrier to refund  to  the  subscriber
17        charges collected in excess of those that would have been
18        charged  by  the  subscriber's  chosen telecommunications
19        carrier.
20             (2)  In  case  of  an  unauthorized  switch   to   a
21        telecommunications   carrier,   require   the   violating
22        telecommunications  carrier  to  pay  to the subscriber's
23        chosen telecommunications carrier the amount  the  chosen
24        telecommunications  carrier  would have collected for the
25        telecommunications service.
26             (3)  Require   the   violating    telecommunications
27        carrier  to  pay  a  fine of up to $1,000 into the Public
28        Utility Fund for each repeated and  wilful  violation  of
29        this Section.
30             (4)  In  the  case  of  the unauthorized addition of
31        telecommunications services, require a violating  carrier
32        to refund all charges for telecommunications products and
33        services provided without a subscriber's authorization.
34             (5)  Issue a cease and desist order.
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 1             (6)  For a pattern of violation of this Section, the
 2        Commission  may  revoke  the violating telecommunications
 3        carrier's  certificate  of  service  authority.       The
 4        Commission may adopt rules prescribing procedures for the
 5        verification of a change in a subscriber's selection of a
 6        telecommunications   carrier   for   the   provision   of
 7        telecommunications  service,  whether  local  exchange or
 8        interexchange.  The rules shall be  compatible  with  the
 9        verification   procedures   established  by  the  Federal
10        Communications Commission under the Communications Act of
11        1996.
12    (Source: P.A. 89-497, eff. 6-27-96.)
13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

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