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91_HB2633
LRB9105558JSpc
1 AN ACT to amend the Public Utilities Act in relation to
2 telecommunications regulation.
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 Sections 3-105, 3-112, 4-402, 5-109, 13-101, 13-103,
7 13-202, 13-203, 13-502, 13-504, 13-505.1, 13-505.2, 13-505.3,
8 13-505.4, 13-505.5, 13-505.6, 13-512, and 13-803 as follows:
9 (220 ILCS 5/3-105) (from Ch. 111 2/3, par. 3-105)
10 Sec. 3-105. Public utility. "Public utility" means and
11 includes, except where otherwise expressly provided in this
12 Section, every corporation, company, limited liability
13 company, association, joint stock company or association,
14 firm, partnership or individual, their lessees, trustees, or
15 receivers appointed by any court whatsoever that owns,
16 controls, operates or manages, within this State, directly or
17 indirectly, for public use, any plant, equipment or property
18 used or to be used for or in connection with, or owns or
19 controls any franchise, license, permit or right to engage
20 in:
21 a. the production, storage, transmission, sale,
22 delivery or furnishing of heat, cold, power, electricity,
23 water, or light, except when used solely for
24 communications purposes;
25 b. the disposal of sewerage; or
26 c. the conveyance of oil or gas by pipe line.
27 "Public utility" does not include, however:
28 1. (Blank) public utilities that are owned and
29 operated by any political subdivision, public institution
30 of higher education or municipal corporation of this
31 State, or public utilities that are owned by such
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1 political subdivision, public institution of higher
2 education, or municipal corporation and operated by any
3 of its lessees or operating agents;
4 2. water companies which are purely mutual
5 concerns, having no rates or charges for services, but
6 paying the operating expenses by assessment upon the
7 members of such a company and no other person;
8 3. electric cooperatives as defined in Section
9 3-119;
10 4. residential natural gas cooperatives that are
11 not-for-profit corporations established for the purpose
12 of administering and operating, on a cooperative basis,
13 the furnishing of natural gas to residences for the
14 benefit of their members who are residential consumers of
15 natural gas. For entities qualifying as residential
16 natural gas cooperatives and recognized by the Illinois
17 Commerce Commission as such, the State shall guarantee
18 legally binding contracts entered into by residential
19 natural gas cooperatives for the express purpose of
20 acquiring natural gas supplies for their members. The
21 Illinois Commerce Commission shall establish rules and
22 regulations providing for such guarantees. The total
23 liability of the State in providing all such guarantees
24 shall not at any time exceed $1,000,000, nor shall the
25 State provide such a guarantee to a residential natural
26 gas cooperative for more than 3 consecutive years;
27 5. sewage disposal companies which provide sewage
28 disposal services on a mutual basis without establishing
29 rates or charges for services, but paying the operating
30 expenses by assessment upon the members of the company
31 and no others;
32 6. (Blank);
33 7. cogeneration facilities, small power production
34 facilities, and other qualifying facilities, as defined
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1 in the Public Utility Regulatory Policies Act and
2 regulations promulgated thereunder, except to the extent
3 State regulatory jurisdiction and action is required or
4 authorized by federal law, regulations, regulatory
5 decisions or the decisions of federal or State courts of
6 competent jurisdiction;
7 8. the ownership or operation of a facility that
8 sells compressed natural gas at retail to the public for
9 use only as a motor vehicle fuel and the selling of
10 compressed natural gas at retail to the public for use
11 only as a motor vehicle fuel; and
12 9. alternative retail electric suppliers as defined
13 in Article XVI.
14 (Source: P.A. 89-42, eff. 1-1-96; 90-561, eff. 12-16-97.)
15 (220 ILCS 5/3-112) (from Ch. 111 2/3, par. 3-112)
16 Sec. 3-112. "Company," when used in connection with a
17 public utility, includes any corporation, company, limited
18 liability company, association, joint stock company or
19 association, firm, partnership or individual, their lessees,
20 trustees, or receivers appointed by any court whatsoever,
21 owning, holding, operating, controlling or managing such a
22 public utility, but not municipal corporations. "Company"
23 when used other than in connection with a public utility,
24 includes any corporation, company, limited liability company,
25 association, joint stock company or association, firm, or
26 partnership, but does not include municipal corporations.
27 (Source: P.A. 88-480.)
28 (220 ILCS 5/4-402) (from Ch. 111 2/3, par. 4-402)
29 Sec. 4-402. This amendatory Act of 1985 shall not affect
30 pending actions or proceedings, civil or criminal, in any
31 court or other tribunal brought by or against the People of
32 the State of Illinois or the Illinois Commerce Commission or
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1 by any other person, firm or corporation under the provisions
2 of this Act or any other Act establishing or conferring power
3 on the Commission, nor abate any causes of action arising
4 thereunder, but the same may be instituted, prosecuted and
5 defended with the same effect as though this amendatory Act
6 had not been passed. Any investigation, hearing or
7 proceeding, instituted or conducted by the Commission prior
8 to the taking effect of this amendatory Act shall be
9 conducted and continued to a final determination by the
10 Commission with the same effect as if this amendatory Act had
11 not been passed.
12 All findings, orders, decisions, rules and regulations
13 issued or promulgated by the Commission under this Act or any
14 other Act establishing or conferring power on the Commission,
15 shall continue in force; and the Commission hereby created
16 shall have all powers with respect to said findings, orders,
17 decisions, rules and regulations as though said findings,
18 orders, decisions, rules and regulations had been made,
19 issued or promulgated by the Commission under this amendatory
20 Act. Notwithstanding the provisions of this Section, where
21 applicable, the Commission shall amend its findings, orders,
22 decisions, rules and regulations to conform to the provisions
23 of this Act as soon as practicable after the effective date.
24 (Source: P.A. 84-617.)
25 (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)
26 Sec. 5-109. Each public utility in the State shall each
27 year furnish to the Commission, in such form as the
28 Commission shall require, annual reports as to all the items
29 mentioned in the preceding sections of this article, and in
30 addition such other items, whether of a nature similar to
31 those therein enumerated or otherwise, as the Commission may
32 prescribe. Such annual reports shall contain all the required
33 information for the period to twelve months ending on the
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1 thirtieth day of June in each year, or ending on the
2 thirty-first day of December in each year, as the Commission
3 may by order prescribe for each class of public utilities,
4 and shall be filed with the Commission at its office in
5 Springfield within three months after the close of the year
6 for which the report is made. The Commission shall have
7 authority to require any public utility to file monthly
8 reports of earnings and expenses of such utility, and to file
9 other periodical or special, or both periodical and special
10 reports concerning any matter about which the Commission is
11 authorized by law to keep itself informed. All reports shall
12 be under oath.
13 When any report is erroneous or defective or appears to
14 the Commission to be erroneous or defective, the Commission
15 may notify the public utility to amend such report within
16 thirty days, and before or after the termination of such
17 period the Commission may examine the officers, agents, or
18 employees, and books, records, accounts, vouchers, plant,
19 equipment and property of such public utility, and correct
20 such items in the report as upon such examination the
21 Commission may find defective or erroneous.
22 All reports made to the Commission by any public utility
23 shall be treated as confidential and proprietary consistent
24 with Section 4-404 and the contents thereof shall be open to
25 public inspection, unless otherwise ordered by the
26 Commission. Such reports shall be preserved in the office of
27 the Commission.
28 Any public utility which fails to make and file any
29 report called for by the Commission within the time
30 specified; or to make specific answer to any question
31 propounded by the Commission within thirty days from the time
32 it is lawfully required to do so, or within such further
33 time, not to exceed ninety days, as may in its discretion be
34 allowed by the Commission, shall forfeit up to $100 for each
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1 and every day it may so be in default if the utility collects
2 less than $100,000 annually in gross revenue; and if the
3 utility collects $100,000 or more annually in gross revenue,
4 it shall forfeit $100 per day for each and every day it is in
5 default.
6 Any person who wilfully makes any false return or report
7 to the Commission, or to any member, officer or employee
8 thereof, and any person who aids or abets such person shall
9 be guilty of a Class A misdemeanor.
10 (Source: P.A. 84-617.)
11 (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
12 (Section scheduled to be repealed on July 1, 2001)
13 Sec. 13-101. Except to the extent specified in this
14 Section or modified or supplemented by the specific
15 provisions of this Article, the Sections of this Act
16 pertaining to public utilities, public utility rates and
17 services, and the regulation thereof, are fully and equally
18 applicable to noncompetitive telecommunications rates and
19 services, and the regulation thereof, except where the
20 context clearly renders such provisions inapplicable and
21 except with respect to Sections 7-101, 7-102, 8-101, 8-401,
22 8-505, 9-224, and 9-241. Except to the extent modified or
23 supplemented by the specific provisions of this Article,
24 Articles I through V, Sections 8-301, 8-505, 9-221, 9-222,
25 9-222.1, and 9-222.2, 9-250, and 9-252.1, and Articles X and
26 XI of this Act are fully and equally applicable to
27 competitive telecommunications rates and services, and the
28 regulation thereof.
29 (Source: P.A. 90-38, eff. 6-27-97.)
30 (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
31 (Section scheduled to be repealed on July 1, 2001)
32 Sec. 13-103. Policy. Consistent with its findings, the
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1 General Assembly declares that it is the policy of the State
2 of Illinois that:
3 (a) telecommunications services should be available to
4 all Illinois citizens at just, reasonable, and affordable
5 rates and that such services should be provided as widely and
6 economically as possible in sufficient variety, quality,
7 quantity and reliability to satisfy the public interest;
8 (b) consistent with the protection of consumers of
9 telecommunications services and the furtherance of other
10 public interest goals, competition in all telecommunications
11 service markets should be pursued as a substitute for
12 regulation in determining the variety, quality and price of
13 telecommunications services and that the economic burdens of
14 regulation should be reduced to the extent possible
15 consistent with the furtherance of market competition and
16 protection of the public interest;
17 (c) all necessary and appropriate modifications to State
18 regulation of telecommunications carriers and services should
19 be implemented without unnecessary disruption to the
20 telecommunications infrastructure system or to consumers of
21 telecommunications services and that it is necessary and
22 appropriate to establish rules to encourage and ensure
23 orderly transitions in the development of markets for all
24 telecommunications services;
25 (d) the consumers of telecommunications services and
26 facilities provided by persons or companies subject to
27 regulation pursuant to this Act and Article should be
28 required to pay only reasonable and non-discriminatory rates
29 or charges and that in no case should rates or charges for
30 non-competitive telecommunications services be below the
31 long-run service incremental cost of such services in
32 aggregate include any portion of the cost of providing
33 competitive telecommunications services, as defined in
34 Section 13-209, or the cost of any nonregulated activities;
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1 (e) the regulatory policies and procedures provided in
2 this Article are established in recognition of the changing
3 nature of the telecommunications industry and therefore
4 should be subject to systematic legislative review to ensure
5 that the public benefits intended to result from such
6 policies and procedures are fully realized; and
7 (f) development of and prudent investment in advanced
8 telecommunications services and networks that foster economic
9 development of the State should be encouraged through the
10 implementation and enforcement of policies that promote
11 effective and sustained competition in all telecommunications
12 service markets and that apply regulation evenhandedly to all
13 certified telecommunications providers.
14 (Source: P.A. 90-185, eff. 7-23-97.)
15 (220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
16 (Section scheduled to be repealed on July 1, 2001)
17 Sec. 13-202. "Telecommunications carrier" means and
18 includes every corporation, company, association, joint stock
19 company or association, firm, partnership or individual,
20 their lessees, trustees or receivers appointed by any court
21 whatsoever that owns, controls, operates or manages, within
22 this State, directly or indirectly, for public use, any
23 plant, equipment or property used or to be used for or in
24 connection with, or owns or controls any franchise, license,
25 permit or right to engage in the provision of,
26 telecommunications services between points within the State
27 which are specified by the user. Telecommunications carrier
28 does not include, however:
29 (a) (Blank) telecommunications carriers that are owned
30 and operated by any political subdivision, public or private
31 institution of higher education or municipal corporation of
32 this State, for their own use, or telecommunications carriers
33 that are owned by such political subdivision, public or
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1 private institution of higher education, or municipal
2 corporation and operated by any of its lessees or operating
3 agents, for their own use;
4 (b) telecommunications carriers which are purely mutual
5 concerns, having no rates or charges for services, but paying
6 the operating expenses by assessment upon the members of such
7 a company and no other person but does include telephone or
8 telecommunications cooperatives as defined in Section 13-212;
9 (c) a company or person which provides
10 telecommunications services solely to itself and its
11 affiliates or members or between points in the same building,
12 or between closely located buildings, affiliated through
13 substantial common ownership, control or development; or
14 (d) a company or person engaged in the delivery of
15 community antenna television services as described in
16 subdivision (c) of Section 13-203, except with respect to the
17 provision of telecommunications services by that company or
18 person.
19 (Source: P.A. 87-856.)
20 (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
21 (Section scheduled to be repealed on July 1, 2001)
22 Sec. 13-203. Telecommunications service.
23 "Telecommunications service" means the provision or
24 offering for rent, sale or lease, or in exchange for other
25 value received, of the transmittal of information, by means
26 of electromagnetic, including light, transmission with or
27 without benefit of any closed transmission medium, including
28 all instrumentalities, facilities, apparatus, and services
29 (including the collection, storage, forwarding, switching,
30 and delivery of such information) used to provide such
31 transmission and also includes access and interconnection
32 arrangements and services.
33 "Telecommunications service" does not include, however:
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1 (a) the rent, sale, or lease, or exchange for other
2 value received, of customer premises equipment except for
3 customer premises equipment owned or provided by a
4 telecommunications carrier and used for answering 911
5 calls, and except for customer premises equipment
6 provided under Section 13-703;
7 (b) telephone or telecommunications answering
8 services, paging services, and physical pickup and
9 delivery incidental to the provision of information
10 transmitted through electromagnetic, including light,
11 transmission;
12 (c) community antenna television service which is
13 operated to perform for hire the service of receiving and
14 distributing video and audio program signals by wire,
15 cable or other means to members of the public who
16 subscribe to such service, to the extent that such
17 service is utilized solely for the one-way distribution
18 of such entertainment services with no more than
19 incidental subscriber interaction required for the
20 selection of such entertainment service;.
21 (d) local exchange or interexchange private line
22 services;
23 (e) advanced telecommunications service having the
24 capability of supporting 2 way broadband communications
25 at a bandwidth of 200 kilobits per second or greater;
26 (f) internet and internet access where "internet"
27 refers to the global information system that is logically
28 linked together by a globally unique address space based
29 on the Internet Protocol or its subsequent
30 extensions/follow-ons and is able to support
31 communications using the Transmission Control
32 Protocol/Internet Protocol suite or its subsequent
33 extensions/follow-ons, and/or other Internet
34 Protocol-compatible protocols;
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1 (g) the provision of white or yellow page
2 directories and listings, such that no revenues from such
3 services shall be attributed to any telecommunications
4 service for any purpose whatsoever; and
5 (h) cellular radio service.
6 The Commission may, by rulemaking, exclude (1) private
7 line service which is not directly or indirectly used for the
8 origination or termination of switched telecommunications
9 service, (2) cellular radio service, (3) high-speed
10 point-to-point data transmission at or above 9.6 kilobits, or
11 (4) the provision of telecommunications service by a company
12 or person otherwise subject to Section 13-202 (c) to a
13 telecommunications carrier, which is incidental to the
14 provision of service subject to Section 13-202 (c), from
15 active regulatory oversight to the extent it finds, after
16 notice, hearing and comment that such exclusion is consistent
17 with the public interest and the purposes and policies of
18 this Article. To the extent that the Commission has excluded
19 cellular radio service from active regulatory oversight for
20 any provider of cellular radio service in this State pursuant
21 to this Section, the Commission shall exclude all other
22 providers of cellular radio service in the State from active
23 regulatory oversight without an additional rulemaking
24 proceeding where there are 2 or more certified providers of
25 cellular radio service in a geographic area.
26 (Source: P.A. 90-185, eff. 7-23-97.)
27 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
28 (Section scheduled to be repealed on July 1, 2001)
29 Sec. 13-502. Classification of services.
30 (a) All telecommunications services offered or provided
31 under tariff by telecommunications carriers shall be
32 classified as either competitive or noncompetitive. A
33 telecommunications carrier may offer or provide either
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1 competitive or noncompetitive telecommunications services, or
2 both, subject to proper certification and other applicable
3 provisions of this Article. Any tariff filed with the
4 Commission as required by Section 13-501 shall indicate
5 whether the service to be offered or provided is competitive
6 or noncompetitive.
7 (b) A service shall be classified as competitive only
8 if, and only to the extent that, for some identifiable class
9 or group of customers in an exchange, group of exchanges, or
10 some other clearly defined geographical area, such service,
11 or its functional equivalent, or a substitute service, is
12 reasonably available from more than one provider, whether or
13 not any such provider is a telecommunications carrier subject
14 to regulation under this Act. All telecommunications services
15 not properly classified as competitive shall be classified as
16 noncompetitive. The Commission shall have the power to
17 investigate the propriety of any classification of a
18 telecommunications service on its own motion and shall
19 investigate upon complaint. In any hearing or investigation,
20 the burden of proof as to the proper classification of any
21 service shall rest upon the telecommunications carrier
22 providing the service. After notice and hearing, the
23 Commission shall order the proper classification of any
24 service in whole or in part. The Commission shall make its
25 determination and issue its final order no later than 180
26 days from the date such hearing or investigation is
27 initiated. If the Commission enters into a hearing upon
28 complaint and if the Commission fails to issue an order
29 within that period, the complaint shall be deemed granted
30 unless the Commission, the complainant, and the
31 telecommunications carrier providing the service agree to
32 extend the time period. In no event shall evidence of market
33 share or other metrics-based tests be deemed material or
34 relevant to the proper classification of a service.
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1 (c) No tariff classifying a new telecommunications
2 service as competitive or reclassifying a previously
3 noncompetitive telecommunications service as competitive,
4 which is filed by a telecommunications carrier which also
5 offers or provides noncompetitive telecommunications service,
6 shall be effective unless and until such telecommunications
7 carrier offering or providing, or seeking to offer or
8 provide, such proposed competitive service prepares and files
9 a study of the long-run service incremental cost underlying
10 such service and demonstrates that the tariffed rates and
11 charges for the service and any relevant group of services
12 that includes the proposed competitive service and for which
13 resources are used in common solely by that group of services
14 are not less than the long-run service incremental cost of
15 providing the service and each relevant group of services.
16 Such study shall be given proprietary treatment by the
17 Commission at the request of such carrier if any other
18 provider of the competitive service, its functional
19 equivalent, or a substitute service in the geographical area
20 described by the proposed tariff has not filed, or has not
21 been required to file, such a study.
22 (d) In the event any telecommunications service has been
23 classified and filed as competitive by the telecommunications
24 carrier, and has been offered or provided on such basis, and
25 the Commission subsequently determines after investigation
26 that such classification improperly included services which
27 were in fact noncompetitive, the Commission shall have the
28 power to determine and order refunds to customers for any
29 overcharges which may have resulted from the improper
30 classification, or to order such other remedies provided to
31 it under this Act, or to seek an appropriate remedy or relief
32 in a court of competent jurisdiction.
33 (e) If no hearing or investigation regarding the
34 propriety of a competitive classification of a
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1 telecommunications service is initiated within 180 days after
2 a telecommunications carrier files a tariff listing such
3 telecommunications service as competitive, no refunds to
4 customers for any overcharges which may result from an
5 improper classification shall be ordered for the period from
6 the time the telecommunications carrier filed such tariff
7 listing the service as competitive up to the time an
8 investigation of the service classification is initiated by
9 the Commission's own motion or the filing of a complaint.
10 Where a hearing or an investigation regarding the propriety
11 of a telecommunications service classification as competitive
12 is initiated after 180 days from the filing of the tariff,
13 the period subject to refund for improper classification
14 shall begin on the date such investigation or hearing is
15 initiated by the filing of a Commission motion or a
16 complaint.
17 (Source: P.A. 90-185, eff. 7-23-97.)
18 (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
19 (Section scheduled to be repealed on July 1, 2001)
20 Sec. 13-504. Application of ratemaking provisions of
21 Article IX.
22 (a) Except where the context clearly renders such
23 provisions inapplicable, the ratemaking provisions of Article
24 IX of this Act relating to public utilities are fully and
25 equally applicable to the rates, charges, tariffs and
26 classifications for the offer or provision of noncompetitive
27 telecommunications services. However, the ratemaking
28 provisions do not apply to any proposed change in rates or
29 charges, any proposed change in any classification or tariff
30 resulting in a change in rates or charges, or the
31 establishment of new services and rates therefor for a
32 noncompetitive local exchange telecommunications service
33 offered or provided by a local exchange telecommunications
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1 carrier with no more than 35,000 subscriber access lines.
2 Proposed changes in rates, charges, classifications, or
3 tariffs meeting these criteria shall be permitted upon the
4 filing of the proposed tariff and 30 days notice to the
5 Commission and all potentially affected customers. The
6 proposed changes shall not be subject to suspension. The
7 Commission shall investigate whether any proposed change is
8 just and reasonable only if a telecommunications carrier that
9 is a customer of the local exchange telecommunications
10 carrier or 10% of the potentially affected access line
11 subscribers of the local exchange telecommunications carrier
12 shall file a petition or complaint requesting an
13 investigation of the proposed changes. When the
14 telecommunications carrier or 10% of the potentially affected
15 access line subscribers of a local exchange
16 telecommunications carrier file a complaint, the Commission
17 shall, after notice and hearing, have the power and duty to
18 establish the rates, charges, classifications, or tariffs it
19 finds to be just and reasonable.
20 (b) Subsection (c) of Section 13-502 and Sections
21 13-505.1, 13-505.4, 13-505.6, and 13-507 of this Article do
22 not apply to rates or charges or proposed changes in rates or
23 charges for applicable competitive or interexchange services
24 when offered or provided by a local exchange
25 telecommunications carrier with no more than 35,000
26 subscriber access lines. In addition, Sections 13-514,
27 13-515, and 13-516 do not apply to telecommunications
28 carriers with no more than 35,000 subscriber access lines.
29 The Commission may require telecommunications carriers with
30 no more than 35,000 subscriber access lines to furnish
31 information that the Commission deems necessary for a
32 determination that rates and charges for any competitive
33 telecommunications service are just and reasonable.
34 (c) For a local exchange telecommunications carrier with
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1 no more than 35,000 access lines, the Commission shall
2 consider and adjust, as appropriate, a local exchange
3 telecommunications carrier's depreciation rates only in
4 ratemaking proceedings.
5 (d) Article VI and Sections 7-101 and 7-102 of Article
6 VII of this Act pertaining to public utilities, public
7 utility rates and services, and the regulation thereof are
8 not applicable to local exchange telecommunication carriers
9 with no more than 35,000 subscriber access lines.
10 (Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.)
11 (220 ILCS 5/13-505.1) (from Ch. 111 2/3, par. 13-505.1)
12 (Section scheduled to be repealed on July 1, 2001)
13 Sec. 13-505.1. Imputation.
14 (a) This Section applies only to a telecommunications
15 carrier that provides both competitive and noncompetitive
16 services. If a carrier provides noncompetitive services or
17 noncompetitive service elements to other telecommunications
18 carriers for the provision by the other carriers of
19 competitive services, switched interexchange services, or
20 interexchange private line services or to other persons with
21 which the telecommunications carrier also competes for the
22 provision by those other persons of information or enhanced
23 telecommunications services, as defined by the Federal
24 Communications Commission, then the telecommunications
25 carrier shall satisfy an imputation test for each of its own
26 competitive services, switched interexchange services, or
27 interexchange private line services, that utilize the same or
28 functionally equivalent noncompetitive services or
29 noncompetitive service elements. The purpose of the
30 imputation test is to determine whether the aggregate revenue
31 for each service exceeds the costs, as defined in this
32 Section, to be imputed for each service based on the
33 telecommunications carrier's own routing arrangements. The
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1 portion of a service consisting of residence untimed calls
2 shall be excluded from the imputation test. The imputed
3 costs of a service for purposes of this test shall be defined
4 as the sum of:
5 (1) specifically tariffed premium rates for the
6 noncompetitive services or noncompetitive service
7 elements, or their functional equivalent, that are
8 utilized to provide the service;
9 (2) the long-run service incremental costs of
10 facilities and functionalities that are utilized but not
11 specifically tariffed; and
12 (3) any other identifiable, long-run service
13 incremental costs associated with the provision of the
14 service.
15 (b) (Blank). Notwithstanding the provisions of
16 subsection (a), if a telecommunications carrier permits other
17 telecommunications carriers to purchase interexchange private
18 line services, except those provided under contract or other
19 form of agreement pursuant to the provisions of Section
20 13-509, under the same tariffed rates, terms, and conditions
21 as any other customer, then such interexchange private line
22 services provided by the telecommunications carrier shall not
23 be subject to the imputation test required in this Section.
24 (Source: P.A. 87-856.)
25 (220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)
26 (Section scheduled to be repealed on July 1, 2001)
27 Sec. 13-505.2. Nondiscrimination in the provision of
28 telecommunications noncompetitive services. A
29 telecommunications carrier that offers both noncompetitive
30 and competitive services shall offer telecommunications the
31 noncompetitive services under the same rates, terms, and
32 conditions without unreasonable discrimination to all
33 persons, including all telecommunications carriers and
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1 competitors. Unreasonable discrimination shall not be deemed
2 to include differing terms and conditions that are in
3 response to competition in the telecommunications
4 marketplace. A telecommunications carrier that offers a
5 noncompetitive service together with any optional feature or
6 functionality shall offer the noncompetitive service together
7 with each optional feature or functionality under the same
8 rates, terms, and conditions without unreasonable
9 discrimination to all persons, including all
10 telecommunications carriers and competitors.
11 (Source: P.A. 87-856.)
12 (220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3)
13 (Section scheduled to be repealed on July 1, 2001)
14 Sec. 13-505.3. Services for resale. A
15 telecommunications carrier that offers both noncompetitive
16 and competitive services shall offer all noncompetitive
17 services, together with each applicable optional feature or
18 functionality, subject to resale; however, the Commission may
19 determine under Article IX of this Act that certain
20 noncompetitive services, together with each applicable
21 optional feature or functionality, that are offered to
22 residence customers under different rates, charges, terms, or
23 conditions than to other customers should not be subject to
24 resale under the rates, charges, terms, or conditions
25 available only to residence customers.
26 (Source: P.A. 87-856.)
27 (220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
28 (Section scheduled to be repealed on July 1, 2001)
29 Sec. 13-505.4. Provision of noncompetitive services.
30 (a) A telecommunications carrier that offers or provides
31 a noncompetitive service, service element, feature, or
32 functionality ("covered service") on a separate, stand-alone
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1 basis to any customer shall provide that covered service,
2 service element, feature, or functionality pursuant to tariff
3 to all persons, including all telecommunications carriers and
4 competitors, in accordance with the provisions of this
5 Article and provided that where such covered service is
6 requested by or on behalf of a carrier or competitor, such
7 covered service is necessary and its failure to be provided
8 would substantially impair the ability of the requestor to
9 provide a telecommunications service.
10 (b) A telecommunications carrier that offers or provides
11 a noncompetitive service, service element, feature, or
12 functionality to any customer as part of an offering of
13 competitive services pursuant to tariff or contract shall
14 publicly disclose the offering or provisioning of the
15 noncompetitive service, service element, feature, or
16 functionality by filing with the Commission information that
17 generally describes the offering or provisioning and that
18 shows the rates, terms, and conditions of the noncompetitive
19 service, service element, feature, or functionality. The
20 information shall be filed with the Commission concurrently
21 with the filing of the tariff or not more than 10 days
22 following the customer's acceptance of the offering in a
23 contract.
24 (Source: P.A. 87-856.)
25 (220 ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5)
26 (Section scheduled to be repealed on July 1, 2001)
27 Sec. 13-505.5. Requests for new noncompetitive services.
28 Any party may petition the Commission to request the
29 provision of a noncompetitive service not currently provided
30 by a telecommunications local exchange carrier within its
31 service territory. The Commission shall grant the petition,
32 if provided that it can be demonstrated that the provisioning
33 of the requested service is technically and economically
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1 practicable considering demand for the service, that the
2 service is necessary, that failure to provide the service
3 would substantially impair the petitioner's ability to
4 provide a telecommunication service, and absent a finding
5 that provision of the service is otherwise and failure to
6 provide the service would be contrary to the public interest.
7 The Commission shall render its decision within 180 days
8 after the filing of the petition unless extension of the time
9 period is agreed to by all the parties to the proceeding.
10 The petitioner shall at all times during the proceeding have
11 the burden of proof.
12 (Source: P.A. 87-856.)
13 (220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6)
14 (Section scheduled to be repealed on July 1, 2001)
15 Sec. 13-505.6. Unbundling of noncompetitive services. A
16 telecommunications carrier that provides both noncompetitive
17 and competitive telecommunications services shall provide all
18 noncompetitive telecommunications services on an unbundled
19 basis to the same extent the Federal Communications
20 Commission requires that carrier to unbundle the same
21 services provided under its jurisdiction. The Illinois
22 Commerce Commission may require additional unbundling of
23 noncompetitive telecommunications services over which it has
24 jurisdiction based on a determination, after notice and
25 hearing, that additional unbundling is necessary, that
26 failure to provide it will substantially impair the ability
27 of another telecommunications carrier to provide a
28 telecommunications service, and that such unbundling is in
29 the public interest and is consistent with the policy goals
30 and other provisions of this Act.
31 (Source: P.A. 87-856.)
32 (220 ILCS 5/13-512)
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1 (Section scheduled to be repealed on July 1, 2001)
2 Sec. 13-512. Rules; review. The Commission shall have
3 general rulemaking authority to make rules necessary to
4 enforce this Article. However, not later than 270 days after
5 the effective date of this amendatory Act of 1997, and every
6 2 years thereafter, the Commission shall review all rules
7 issued under this Article that apply to the operations or
8 activities of any telecommunications carriers carrier. The
9 Commission shall, after notice and hearing, repeal or modify
10 any rule it determines to be no longer in the public interest
11 as the result of the reasonable availability of competitive
12 telecommunications services. As part of the review, the
13 Commission shall ensure that all rules not repealed are
14 equally applicable to all telecommunications carriers and
15 that any waiver of a rule as to any carrier shall apply
16 equally to all other carriers. The Commission shall provide
17 a report to the Legislature after each 2-year review period
18 summarizing the review process undertaken and certifying the
19 equal application of its rules to telecommunications
20 carriers.
21 (Source: P.A. 90-185, eff. 7-23-97.)
22 (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803)
23 (Section scheduled to be repealed on July 1, 2001)
24 Sec. 13-803. Repealer. The provisions of this Article
25 XIII are repealed effective July 1, 2005 2001.
26 (Source: P.A. 90-185, eff. 7-23-97.)
27 (220 ILCS 5/13-507 rep.)
28 (220 ILCS 5/13-601 rep.)
29 Section 10. The Public Utilities Act is amended by
30 repealing Sections 13-507 and 13-601.
31 Section 99. Effective date. This Act takes effect upon
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1 becoming law.
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1 INDEX
2 Statutes amended in order of appearance
3 220 ILCS 5/3-105 from Ch. 111 2/3, par. 3-105
4 220 ILCS 5/3-112 from Ch. 111 2/3, par. 3-112
5 220 ILCS 5/4-402 from Ch. 111 2/3, par. 4-402
6 220 ILCS 5/5-109 from Ch. 111 2/3, par. 5-109
7 220 ILCS 5/13-101 from Ch. 111 2/3, par. 13-101
8 220 ILCS 5/13-103 from Ch. 111 2/3, par. 13-103
9 220 ILCS 5/13-202 from Ch. 111 2/3, par. 13-202
10 220 ILCS 5/13-203 from Ch. 111 2/3, par. 13-203
11 220 ILCS 5/13-502 from Ch. 111 2/3, par. 13-502
12 220 ILCS 5/13-504 from Ch. 111 2/3, par. 13-504
13 220 ILCS 5/13-505.1 from Ch. 111 2/3, par. 13-505.1
14 220 ILCS 5/13-505.2 from Ch. 111 2/3, par. 13-505.2
15 220 ILCS 5/13-505.3 from Ch. 111 2/3, par. 13-505.3
16 220 ILCS 5/13-505.4 from Ch. 111 2/3, par. 13-505.4
17 220 ILCS 5/13-505.5 from Ch. 111 2/3, par. 13-505.5
18 220 ILCS 5/13-505.6 from Ch. 111 2/3, par. 13-505.6
19 220 ILCS 5/13-512
20 220 ILCS 5/13-803 from Ch. 111 2/3, par. 13-803
21 220 ILCS 5/13-507 rep.
22 220 ILCS 5/13-601 rep.