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90_SB1567ham001
LRB9010645JSgcam07
1 AMENDMENT TO SENATE BILL 1567
2 AMENDMENT NO. . Amend Senate Bill 1567 on page 1,
3 line 14, by replacing "and" with the following:
4 "or"; and
5 on page 1, line 20, by replacing "A subscriber of a
6 telecommunications carrier" with the following:
7 "A subscriber's presubscription of a primary exchange or
8 interexchange telecommunications carrier"; and
9 on page 2, lines 8 and 9, by replacing "A company or carrier
10 requesting a change in a subscriber's telecommunications
11 carrier" with the following:
12 "A company or telecommunications carrier submitting a change
13 in a subscriber's primary exchange or interexchange
14 telecommunications carrier"; and
15 on page 2, line 21, by replacing "If the company or carrier"
16 with the following:
17 "If the company or telecommunications carrier"; and
18 on page 2, line 26, by replacing "6 days after the carrier
19 requesting a change" with the following:
20 "10 days after the telecommunications carrier submitting the
21 change"; and
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1 on page 2, line 27, by replacing "subscriber's
2 telecommunications carrier" with the following:
3 "subscriber's primary exchange or interexchange
4 telecommunications carrier"; and
5 on page 2, line 29, by replacing "6 days after installation"
6 with the following:
7 "10 days after initiation"; and
8 on page 3, lines 2 and 3, by replacing "a change in carrier
9 or the additional telecommunications service" with the
10 following:
11 "a change in the presubscribed telecommunications carrier or
12 of the addition of the telecommunications service"; and
13 on page 3, line 5, by replacing "delete services" with the
14 following:
15 "cancel the change"; and
16 on page 3, line 7, by replacing "If the company or carrier"
17 with the following:
18 "If the company or telecommunications carrier"; and
19 on page 3, line 20, by replacing "service" with the
20 following:
21 "telecommunications services"; and
22 on page 3, lines 27 and 28, by replacing "state to the
23 consumer, and obtain the consumer's assent" with the
24 following:
25 "state to the subscriber, and shall obtain the subscriber's
26 acknowledgment"; and
27 on page 3, line 30, by replacing "numbers" with the
28 following:
29 "telephone numbers"; and
30 on page 3, line 31, by replacing "which services" with the
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1 following:
2 "which additional telecommunications services"; and
3 on page 3, lines 33 and 34, by replacing "a previous carrier
4 or adding to the consumer's account" with the following:
5 "the previous presubscribed telecommunications carrier or
6 adding a telecommunications service to the subscriber's
7 account"; and
8 on page 4, by replacing lines 3 through 8 with the following:
9 "(iii) that for each line the subscriber can
10 designate only one presubscribed telecommunications
11 carrier to handle each of the subscriber's local,
12 long distance, or local toll service depending upon
13 which presubscribed telecommunications service or
14 services are being verified; and"; and
15 on page 4, lines 9 and 10, by replacing "imposed for the
16 change of carriers" with the following:
17 "imposed on the subscriber for the change of primary exchange
18 or interexchange telecommunications carriers"; and
19 on page 4, lines 15 and 16, by replacing "carrier requesting
20 a change in the subscriber's telecommunications carrier" with
21 the following:
22 "carrier submitting a change in the subscriber's primary
23 exchange or interexchange telecommunications carrier"; and
24 on page 4, line 18, by replacing "installation" with
25 "initiation"; and
26 on page 4, by replacing lines 20 through 27 with the
27 following:
28 "(D) The telecommunications company or carrier
29 seeking to implement the change in service or additional
30 service may connect the subscriber to the verification
31 agent, provided that all of the requirements for
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1 verification by a third party as set forth in this
2 Section are otherwise complied with fully."; and
3 on page 4, lines 29 through 31, by replacing "sales, changes,
4 additions, or authorizations obtained by telemarketing." with
5 the following:
6 "changes to a subscriber's presubscription of a primary
7 exchange or interexchange telecommunications carrier, whether
8 the change was initiated through inbound or outbound
9 telemarketing. Where a subscriber's telecommunications
10 services are changed by the provision of an additional
11 telecommunications service, the verification or notice
12 requirements described in this subsection shall apply if the
13 change was initiated through outbound telemarketing. Where a
14 subscriber's telecommunications services are changed by the
15 provision of an additional telecommunications service and the
16 change was initiated through inbound telemarketing, the
17 telecommunications carrier shall comply with all rules or
18 regulations promulgated by the Federal Communications
19 Commission."; and
20 on page 5, lines 3 and 4, by replacing "that a subscriber of
21 a telecommunications carrier is not switched" with the
22 following:
23 "that the primary exchange or interexchange
24 telecommunications carrier of a subscriber is not changed";
25 and
26 on page 5, line 9, by replacing "Act" with the following:
27 "Act, or with any rules promulgated by the Federal
28 Communications Commission"; and
29 on page 5, line 11, by replacing "subscriber who has been
30 switched" with the following:
31 "subscriber whose primary exchange or interexchange carrier
32 has been changed"; and
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1 on page 5, line 12, by replacing "or has" with the following:
2 "or who has"; and
3 on page 5, line 15, by replacing "subscriber's
4 telecommunications carrier" with the following:
5 "subscriber's primary exchange or interexchange
6 telecommunications carrier"; and
7 on page 5, line 19, by replacing "Remedies agreed to during"
8 with the following:
9 "Remedies in"; and
10 on page 5 by replacing lines 21 through 25 with the
11 following:
12 "the remedies set forth in paragraphs (1) through (5) of this
13 subsection. In its discretion, the Commission may deny the
14 availability of the mediation process and submit the
15 complaint to hearings. If the complaint is not submitted to
16 mediation"; and
17 on page 5, line 27, by replacing "held pursuant" with the
18 following:
19 "held on the complaint pursuant"; and
20 on page 6, line 7, by replacing "paragraph." with the
21 following:
22 "paragraph. The Commission may order the remedial action
23 outlined in this subsection only to the extent that the same
24 remedial action is allowed pursuant to rules or regulations
25 promulgated by the Federal Communications Commission."; and
26 on page 6, lines 8 and 9, by replacing "unauthorized switch
27 to a telecommunications carrier" with the following:
28 "unauthorized change in the primary exchange or interexchange
29 telecommunications carrier"; and
30 on page 6, lines 14 and 15, by replacing "unauthorized switch
31 to a telecommunications carrier" with the following:
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1 "unauthorized change in the primary exchange or interexchange
2 telecommunications carrier"; and
3 on page 6, line 19, by replacing "service." with the
4 following:
5 "service. The Commission is authorized to reduce this payment
6 by any amount already paid by the violating
7 telecommunications carrier to the subscriber's chosen
8 telecommunications carrier for those telecommunications
9 services."; and
10 on page 6, lines 26 and 27, by replacing "refund all charges
11 for telecommunications products and services" with the
12 following:
13 "refund or cancel all charges for telecommunications services
14 or products"; and
15 on page 6, line 29, by replacing "Section" with the
16 following:
17 "Section or for intentionally violating a cease and desist
18 order."; and
19 on page 7 by replacing line 8 with the following:
20 "Practices Act is amended by changing Section 2DD and adding
21 Section 2II as follows:
22 (815 ILCS 505/2DD)
23 Sec. 2DD. Telecommunication service provider selection.
24 A telecommunication carrier shall not submit or execute a
25 change in a subscriber's selection of a provider of local
26 exchange telecommunications service or interexchange
27 telecommunications service or provide any additional
28 telecommunications service as defined in Section 13-902 of
29 the Public Utilities Act except in accordance with (i) the
30 verification procedures adopted by the Federal Communications
31 Commission under the Communications Act of 1996, including
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1 subpart K of 47 CFR 64, as those procedures are from time to
2 time amended, and (ii) Section 13-902 of the Public
3 Utilities Act and any rules adopted by the Illinois Commerce
4 Commission under the authority of that Section 13-902 of the
5 Public Utilities Act, as those rules are from time to time
6 amended. A telecommunications carrier that violates this
7 Section commits an unlawful practice within the meaning of
8 this Act.
9 (Source: P.A. 89-497, eff. 6-27-96.)".