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92_HB2900enr HB2900 Enrolled LRB9202399JSpc 1 AN ACT relating to telecommunications. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Attorney General Act is amended by 5 changing Section 6.5 as follows: 6 (15 ILCS 205/6.5) 7 Sec. 6.5. Consumer Utilities Unit. 8 (a) The General Assembly finds that the health, welfare, 9 and prosperity of all Illinois citizens, and the public's 10 interest in adequate, safe, reliable, cost-effective electric 11 and telecommunications services, requires effective public 12 representation by the Attorney General to protect the rights 13 and interests of the public in the provision of all elements 14 of electric and telecommunications service both during and 15 after the transition to a competitive market, and that to 16 ensure that the benefits of competition in the provision of 17 both electric and telecommunications services to all 18 consumers are attained, there shall be created within the 19 Office of the Attorney General a Consumer Utilities Unit. 20 (b) As used in this Section: "Electric services" means 21 services sold by an electric service provider. "Electric 22 service provider" shall mean anyone who sells, contracts to 23 sell, or markets electric power, generation, distribution, 24 transmission, or services (including metering and billing) in 25 connection therewith. Electric service providers shall 26 include any electric utility and any alternative retail 27 electric supplier as defined in Section 16-102 of the Public 28 Utilities Act. 29 (b-5) As used in this Section: "Telecommunications 30 services" means services sold by a telecommunications 31 carrier, as provided for in Section 13-203 of the Public HB2900 Enrolled -2- LRB9202399JSpc 1 Utilities Act. "Telecommunications carrier" means anyone who 2 sells, contracts to sell, or markets telecommunications 3 services, whether noncompetitive or competitive, including 4 access services, interconnection services, or any services in 5 connection therewith. Telecommunications carriers include 6 any carrier as defined in Section 13-202 of the Public 7 Utilities Act. 8 (c) There is created within the Office of the Attorney 9 General a Consumer Utilities Unit, consisting of Assistant 10 Attorneys General appointed by the Attorney General, who, 11 together with such other staff as is deemed necessary by the 12 Attorney General, shall have the power and duty on behalf of 13 the people of the State to intervene in, initiate, enforce, 14 and defend all legal proceedings on matters relating to the 15 provision, marketing, and sale of electric and 16 telecommunications service whenever the Attorney General 17 determines that such action is necessary to promote or 18 protect the rights and interest of all Illinois citizens, 19 classes of customers, and users of electric and 20 telecommunications services. 21 (d) In addition to the investigative and enforcement 22 powers available to the Attorney General, including without 23 limitation those under the Consumer Fraud and Deceptive 24 Business Practices Act and the Illinois Antitrust Act, the 25 Attorney General shall be a party as a matter of right to all 26 proceedings, investigations, and related matters involving 27 the provision of electric services and to those proceedings, 28 investigations, and related matters involving the provision 29 of telecommunications services before the Illinois Commerce 30 Commission and shall, upon request, have access to and the 31 use of all files, records, data, and documents in the 32 possession or control of the Commission, which material the 33 Attorney General's office shall maintain as confidential, to 34 be used for law enforcement purposes only, which material may HB2900 Enrolled -3- LRB9202399JSpc 1 be shared with other law enforcement officials. Nothing in 2 this Section is intended to take away or limit any of the 3 powers the Attorney General has pursuant to common law or 4 other statutory law. 5 (Source: P.A. 90-561, eff. 12-16-97.) 6 Section 10. The State Finance Act is amended by adding 7 Sections 5.545 and 5.546 as follows: 8 (30 ILCS 105/5.545 new) 9 Sec. 5.545. The Digital Divide Elimination Fund. 10 (30 ILCS 105/5.546 new) 11 Sec. 5.546. The Digital Divide Elimination 12 Infrastructure Fund. 13 Section 15. The Eliminate the Digital Divide Law is 14 amended by changing Section 5-30 and adding Section 5-20 as 15 follows: 16 (30 ILCS 780/5-20 new) 17 Sec. 5-20. Digital Divide Elimination Fund. The Digital 18 Divide Elimination Fund is created as a special fund in the 19 State treasury. All moneys in the Fund shall be used, subject 20 to appropriation by the General Assembly, by the Department 21 for grants made under Section 5-30 of this Act. 22 (30 ILCS 780/5-30) 23 Sec. 5-30. Community TechnologyCenterGrant Program. 24 (a) Subject to appropriation, the Department shall 25 administer the Community Technology Center Grant Program 26 under which the Department shall make grants in accordance 27 with this Article for planning, establishment, 28 administration, and expansion of Community Technology Centers HB2900 Enrolled -4- LRB9202399JSpc 1 and for assisting public hospitals, libraries, and park 2 districts in eliminating the digital divide. The purposes of 3 the grants shall include, but not be limited to, volunteer 4 recruitment and management, training and instruction, 5 infrastructure, and related goods and services for Community 6 Technology Centers and public hospitals, libraries, and park 7 districts. The total amount of grants under this Section in 8 fiscal year 2001 shall not exceed $2,000,000, except that 9 this limit on grants shall not apply to grants funded by 10 appropriations from the Digital Divide Elimination Fund. No 11 Community Technology Center may receive a grant of more than 12 $50,000 under this Section in a particular fiscal year. 13 (b) Public hospitals, libraries, park districts, and 14 State educational agencies, local educational agencies, 15 institutions of higher education, and other public and 16 private nonprofit or for-profit agencies and organizations 17 are eligible to receive grants under this Program, provided 18 that a local educational agency or public or private 19 educational agency or organization must, in order to be 20 eligible to receive grants under this Program, provide 21 computer access and educational services using information 22 technology to the public at one or more of its educational 23 buildings or facilities at least 12 hours each week. A group 24 of eligible entities is also eligible to receive a grant if 25 the group follows the procedures for group applications in 34 26 CFR 75.127-129 of the Education Department General 27 Administrative Regulations. 28 To be eligible to apply for a grant, a Community 29 Technology Center, public hospital, library, or park district 30 must serve a community in which not less than 40%50%of the 31 students are eligible for a free or reduced price lunch 32 under the national school lunch program or in which not less 33 than 30%40%of the students are eligible for a free lunch 34 under the national school lunch program; however, if funding HB2900 Enrolled -5- LRB9202399JSpc 1 is insufficient to approve all grant applications for a 2 particular fiscal year, the Department may impose a higher 3 minimum percentage threshold for that fiscal year. 4 Determinations of communities and determinations of the 5 percentage of students in a community who are eligible for a 6 free or reduced price lunch under the national school lunch 7 program shall be in accordance with rules adopted by the 8 Department. 9 Any entities that have received a Community Technology 10 Center grant under the federal Community Technology Centers 11 Program are also eligible to apply for grants under this 12 Program. 13 The Department shall provide assistance to Community 14 Technology Centers in making those determinations for 15 purposes of applying for grants. 16 (c) Grant applications shall be submitted to the 17 Department not later than March 15 for the next fiscal year. 18 (d) The Department shall adopt rules setting forth the 19 required form and contents of grant applications. 20 (e) There is created the Digital Divide Elimination 21 Advisory Committee. The advisory committee shall consist of 22 5 members appointed one each by the Governor, the President 23 of the Senate, the Senate Minority Leader, the Speaker of the 24 House, and the House Minority Leader. The members of the 25 advisory committee shall receive no compensation for their 26 services as members of the advisory committee but may be 27 reimbursed for their actual expenses incurred in serving on 28 the advisory committee. The Digital Divide Elimination 29 Advisory Committee shall advise the Department in 30 establishing criteria and priorities for identifying 31 recipients of grants under this Act. The advisory committee 32 shall obtain advice from the technology industry regarding 33 current technological standards. The advisory committee 34 shall seek any available federal funding. HB2900 Enrolled -6- LRB9202399JSpc 1 (Source: P.A. 91-704, eff. 7-1-00.) 2 Section 20. The Public Utilities Act is amended by 3 changing Sections 1-102, 2-101, 2-202, 8-101, 9-230, 13-101, 4 13-301.1, 13-407, 13-501, 13-502, 13-509, 13-514, 13-515, 5 13-516, 13-801, and 13-902 and adding Sections 10-101.1, 6 13-202.5, 13-216, 13-217, 13-218, 13-219, 13-220, 13-301.2, 7 13-301.3, 13-303, 13-303.5, 13-304, 13-305, 13-502.5, 13-517, 8 13-518, 13-712, 13-713, 13-903, and 13-1200 as follows: 9 (220 ILCS 5/1-102) (from Ch. 111 2/3, par. 1-102) 10 Sec. 1-102. Findings and Intent. The General Assembly 11 finds that the health, welfare and prosperity of all Illinois 12 citizens require the provision of adequate, efficient, 13 reliable, environmentally safe and least-cost public utility 14 services at prices which accurately reflect the long-term 15 cost of such services and which are equitable to all 16 citizens. It is therefore declared to be the policy of the 17 State that public utilities shall continue to be regulated 18 effectively and comprehensively. It is further declared that 19 the goals and objectives of such regulation shall be to 20 ensure 21 (a) Efficiency: the provision of reliable energy 22 services at the least possible cost to the citizens of 23 the State; in such manner that: 24 (i) physical, human and financial resources 25 are allocated efficiently; 26 (ii) all supply and demand options are 27 considered and evaluated using comparable terms and 28 methods in order to determine how utilities shall 29 meet their customers' demands for public utility 30 services at the least cost; 31 (iii) utilities are allowed a sufficient 32 return on investment so as to enable them to attract HB2900 Enrolled -7- LRB9202399JSpc 1 capital in financial markets at competitive rates; 2 (iv) tariff rates for the sale of various 3 public utility services are authorized such that 4 they accurately reflect the cost of delivering those 5 services and allow utilities to recover the total 6 costs prudently and reasonably incurred; 7 (v) variation in costs by customer class and 8 time of use is taken into consideration in 9 authorizing rates for each class. 10 (b) Environmental Quality: the protection of the 11 environment from the adverse external costs of public 12 utility services so that 13 (i) environmental costs of proposed actions 14 having a significant impact on the environment and 15 the environmental impact of the alternatives are 16 identified, documented and considered in the 17 regulatory process; 18 (ii) the prudently and reasonably incurred 19 costs of environmental controls are recovered. 20 (c) Reliability: the ability of utilities to 21 provide consumers with public utility services under 22 varying demand conditions in such manner that suppliers 23 of public utility services are able to provide service at 24 varying levels of economic reliability giving appropriate 25 consideration to the costs likely to be incurred as a 26 result of service interruptions, and to the costs of 27 increasing or maintaining current levels of reliability 28 consistent with commitments to consumers. 29 (d) Equity: the fair treatment of consumers and 30 investors in order that 31 (i) the public health, safety and welfare 32 shall be protected; 33 (ii) the application of rates is based on 34 public understandability and acceptance of the HB2900 Enrolled -8- LRB9202399JSpc 1 reasonableness of the rate structure and level; 2 (iii) the cost of supplying public utility 3 services is allocated to those who cause the costs 4 to be incurred; 5 (iv) if factors other than cost of service are 6 considered in regulatory decisions, the rationale 7 for these actions is set forth; 8 (v) regulation allows for orderly transition 9 periods to accommodate changes in public utility 10 service markets; 11 (vi) regulation does not result in undue or 12 sustained adverse impact on utility earnings; 13 (vii) the impacts of regulatory actions on all 14 sectors of the State are carefully weighed; 15 (viii) the rates for utility services are 16 affordable and therefore preserve the availability 17 of such services to all citizens. 18 It is further declared to be the policy of the State that 19 this Act shall not apply in relation to motor carriers and 20 rail carriers as defined in the Illinois Commercial 21 Transportation Law, or to the Commission in the regulation of 22 such carriers. 23 Nothing in this Act shall be construed to limit, 24 restrict, or mitigate in any way the power and authority of 25 the State's Attorneys or the Attorney General under the 26 Consumer Fraud and Deceptive Business Practices Act. 27 (Source: P.A. 89-42, eff. 1-1-96.) 28 (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101) 29 Sec. 2-101. Commerce Commission created. There is 30 created an Illinois Commerce Commission consisting of 5 31 members not more than 3 of whom shall be members of the same 32 political party at the time of appointment. The Governor 33 shall appoint the members of such Commission by and with the HB2900 Enrolled -9- LRB9202399JSpc 1 advice and consent of the Senate. In case of a vacancy in 2 such office during the recess of the Senate the Governor 3 shall make a temporary appointment until the next meeting of 4 the Senate, when he shall nominate some person to fill such 5 office; and any person so nominated who is confirmed by the 6 Senate, shall hold his office during the remainder of the 7 term and until his successor shall be appointed and 8 qualified. Each member of the Commission shall hold office 9 for a term of 5 years from the third Monday in January of the 10 year in which his predecessor's term expires. 11 Notwithstanding any provision of this Section to the 12 contrary, the term of office of each member of the Commission 13 is terminated on the effective date of this amendatory Act of 14 1995, but the incumbent members shall continue to exercise 15 all of the powers and be subject to all of the duties of 16 members of the Commission until their respective successors 17 are appointed and qualified. Of the members initially 18 appointed under the provisions of this amendatory Act of 19 1995, one member shall be appointed for a term of office 20 which shall expire on the third Monday of January, 1997; 2 21 members shall be appointed for terms of office which shall 22 expire on the third Monday of January, 1998; one member shall 23 be appointed for a term of office which shall expire on the 24 third Monday of January, 1999; and one member shall be 25 appointed for a term of office which shall expire on the 26 third Monday of January, 2000. Each respective successor 27 shall be appointed for a term of 5 years from the third 28 Monday of January of the year in which his predecessor's term 29 expires in accordance with the provisions of the first 30 paragraph of this Section. 31 Each member shall serve until his successor is appointed 32 and qualified, except that if the Senate refuses to consent 33 to the appointment of any member, such office shall be 34 deemed vacant, and within 2 weeks of the date the Senate HB2900 Enrolled -10- LRB9202399JSpc 1 refuses to consent to the reappointment of any member, such 2 member shall vacate such office. The Governor shall from time 3 to time designate the member of the Commission who shall be 4 its chairman. Consistent with the provisions of this Act, the 5 Chairman shall be the chief executive officer of the 6 Commission for the purpose of ensuring that the Commission's 7 policies are properly executed. 8 If there is no vacancy on the Commission, 4 members of 9 the Commission shall constitute a quorum to transact 10 business; otherwise, a majority of the Commission shall 11 constitute a quorum to transact business, andbutno vacancy 12 shall impair the right of the remaining commissioners to 13 exercise all of the powers of the Commission.; andEvery 14 finding, order, or decision approved by a majority of the 15 members of the Commission shall be deemed to be the finding, 16 order, or decision of the Commission. 17 (Source: P.A. 89-429, eff. 12-15-95.) 18 (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202) 19 Sec. 2-202. Policy; Public Utility Fund; tax. 20 (a) It is declared to be the public policy of this State 21 that in order to maintain and foster the effective regulation 22 of public utilities under this Act in the interests of the 23 People of the State of Illinois and the public utilities as 24 well, the public utilities subject to regulation under this 25 Act and which enjoy the privilege of operating as public 26 utilities in this State, shall bear the expense of 27 administering this Act by means of a tax on such privilege 28 measured by the annual gross revenue of such public utilities 29 in the manner provided in this Section. For purposes of this 30 Section, "expense of administering this Act" includes any 31 costs incident to studies, whether made by the Commission or 32 under contract entered into by the Commission, concerning 33 environmental pollution problems caused or contributed to by HB2900 Enrolled -11- LRB9202399JSpc 1 public utilities and the means for eliminating or abating 2 those problems. Such proceeds shall be deposited in the 3 Public Utility Fund in the State treasury. 4 (b) All of the ordinary and contingent expenses of the 5 Commission incident to the administration of this Act shall 6 be paid out of the Public Utility Fund except the 7 compensation of the members of the Commission which shall be 8 paid from the General Revenue Fund. Notwithstanding other 9 provisions of this Act to the contrary, the ordinary and 10 contingent expenses of the Commission incident to the 11 administration of the Illinois Commercial Transportation Law 12 may be paid from appropriations from the Public Utility Fund 13 through the end of fiscal year 1986. 14 (c) A tax is imposed upon each public utility subject to 15 the provisions of this Act equal to .08% of its gross revenue 16 for each calendar year commencing with the calendar year 17 beginning January 1, 1982, except that the Commission may, by 18 rule, establish a different rate no greater than 0.1%. For 19 purposes of this Section, "gross revenue" shall not include 20 revenue from the production, transmission, distribution, 21 sale, delivery, or furnishing of electricity. "Gross revenue" 22 shall not include amounts paid by telecommunications 23 retailers under the Telecommunications Municipal 24 Infrastructure Maintenance Fee Act. 25 (d) Annual gross revenue returns shall be filed in 26 accordance with paragraph (1) or (2) of this subsection (d). 27 (1) Except as provided in paragraph (2) of this 28 subsection (d), on or before January 10 of each year each 29 public utility subject to the provisions of this Act 30 shall file with the Commission an estimated annual gross 31 revenue return containing an estimate of the amount of 32 its gross revenue for the calendar year commencing 33 January 1 of said year and a statement of the amount of 34 tax due for said calendar year on the basis of that HB2900 Enrolled -12- LRB9202399JSpc 1 estimate. Public utilities may also file revised returns 2 containing updated estimates and updated amounts of tax 3 due during the calendar year. These revised returns, if 4 filed, shall form the basis for quarterly payments due 5 during the remainder of the calendar year. In addition, 6 on or before March 31February 15of each year, each 7 public utility shall file an amended return showing the 8 actual amount of gross revenues shown by the company's 9 books and records as of December 31 of the previous year. 10 Forms and instructions for such estimated, revised, and 11 amended returns shall be devised and supplied by the 12 Commission. 13 (2) Beginning with returns due after January 1, 14 20021993, the requirements of paragraph (1) of this 15 subsection (d) shall not apply to any public utility in 16 any calendar year for which the total tax the public 17 utility owes under this Section is less than $10,000 18$1,000. For such public utilities with respect to such 19 years, the public utility shall file with the Commission, 20 on or before MarchJanuary31 of the following year, an 21 annual gross revenue return for the year and a statement 22 of the amount of tax due for that year on the basis of 23 such a return. Forms and instructions for such returns 24 and corrected returns shall be devised and supplied by 25 the Commission. 26 (e) All returns submitted to the Commission by a public 27 utility as provided in this subsection (e) or subsection (d) 28 of this Section shall contain or be verified by a written 29 declaration by an appropriate officer of the public utility 30 that the return is made under the penalties of perjury. The 31 Commission may audit each such return submitted and may, 32 under the provisions of Section 5-101 of this Act, take such 33 measures as are necessary to ascertain the correctness of the 34 returns submitted. The Commission has the power to direct the HB2900 Enrolled -13- LRB9202399JSpc 1 filing of a corrected return by any utility which has filed 2 an incorrect return and to direct the filing of a return by 3 any utility which has failed to submit a return. A 4 taxpayer's signing a fraudulent return under this Section is 5 perjury, as defined in Section 32-2 of the Criminal Code of 6 1961. 7 (f) (1) For all public utilities subject to paragraph 8 (1) of subsection (d), at least one quarter of the annual 9 amount of tax due under subsection (c) shall be paid to the 10 Commission on or before the tenth day of January, April, 11 July, and October of the calendar year subject to tax. In 12 the event that an adjustment in the amount of tax due should 13 be necessary as a result of the filing of an amended or 14 corrected return under subsection (d) or subsection (e) of 15 this Section, the amount of any deficiency shall be paid by 16 the public utility together with the amended or corrected 17 return and the amount of any excess shall, after the filing 18 of a claim for credit by the public utility, be returned to 19 the public utility in the form of a credit memorandum in the 20 amount of such excess or be refunded to the public utility in 21 accordance with the provisions of subsection (k) of this 22 Section. However, if such deficiency or excess is less than 23 $1, then the public utility need not pay the deficiency and 24 may not claim a credit. 25 (2) Any public utility subject to paragraph (2) of 26 subsection (d) shall pay the amount of tax due under 27 subsection (c) on or before MarchJanuary31 next following 28 the end of the calendar year subject to tax. In the event 29 that an adjustment in the amount of tax due should be 30 necessary as a result of the filing of a corrected return 31 under subsection (e), the amount of any deficiency shall be 32 paid by the public utility at the time the corrected return 33 is filed. Any excess tax payment by the public utility shall 34 be returned to it after the filing of a claim for credit, in HB2900 Enrolled -14- LRB9202399JSpc 1 the form of a credit memorandum in the amount of the excess. 2 However, if such deficiency or excess is less than $1, the 3 public utility need not pay the deficiency and may not claim 4 a credit. 5 (g) Each installment or required payment of the tax 6 imposed by subsection (c) becomes delinquent at midnight of 7 the date that it is due. Failure to make a payment as 8 required by this Section shall result in the imposition of a 9 late payment penalty, an underestimation penalty, or both, as 10 provided by this subsection. The late payment penalty shall 11 be the greater of: 12 (1) $25 for each month or portion of a month that 13 the installment or required payment is unpaid or 14 (2) an amount equal to the difference between what 15 should have been paid on the due date, based upon the 16 most recently filed estimated, annual, or amended return 17estimate, and what was actually paid, times 1%, for each 18 month or portion of a month that the installment or 19 required payment goes unpaid. This penalty may be 20 assessed as soon as the installment or required payment 21 becomes delinquent. 22 The underestimation penalty shall apply to those public 23 utilities subject to paragraph (1) of subsection (d) and 24 shall be calculated after the filing of the amended return. 25 It shall be imposed if the amount actually paid on any of the 26 dates specified in subsection (f) is not equal to at least 27 one-fourth of the amount actually due for the year, and shall 28 equal the greater of: 29 (1) $25 for each month or portion of a month that 30 the amount due is unpaid or 31 (2) an amount equal to the difference between what 32 should have been paid, based on the amended return, and 33 what was actually paid as of the date specified in 34 subsection (f), times a percentage equal to 1/12 of the HB2900 Enrolled -15- LRB9202399JSpc 1 sum of 10% and the percentage most recently established 2 by the Commission for interest to be paid on customer 3 deposits under 83 Ill. Adm. Code 280.70(e)(1), for each 4 month or portion of a month that the amount due goes 5 unpaid, except that no underestimation penalty shall be 6 assessed if the amount actually paid on or before each of 7 the dates specified in subsection (f) was based on an 8 estimate of gross revenues at least equal to the actual 9 gross revenues for the previous year. The Commission may 10 enforce the collection of any delinquent installment or 11 payment, or portion thereof by legal action or in any 12 other manner by which the collection of debts due the 13 State of Illinois may be enforced under the laws of this 14 State. The executive director or his designee may excuse 15 the payment of an assessed penalty or a portion of an 16 assessed penalty if he determines that enforced 17 collection of the penalty as assessed would be unjust. 18 (h) All sums collected by the Commission under the 19 provisions of this Section shall be paid promptly after the 20 receipt of the same, accompanied by a detailed statement 21 thereof, into the Public Utility Fund in the State treasury. 22 (i) During the month of October of each odd-numbered 23 year the Commission shall: 24 (1) determine the amount of all moneys deposited in 25 the Public Utility Fund during the preceding fiscal 26 biennium plus the balance, if any, in that fund at the 27 beginning of that biennium; 28 (2) determine the sum total of the following items: 29 (A) all moneys expended or obligated against 30 appropriations made from the Public Utility Fund during 31 the preceding fiscal biennium, plus (B) the sum of the 32 credit memoranda then outstanding against the Public 33 Utility Fund, if any; and 34 (3) determine the amount, if any, by which the sum HB2900 Enrolled -16- LRB9202399JSpc 1 determined as provided in item (1) exceeds the amount 2 determined as provided in item (2). 3 If the amount determined as provided in item (3) of this 4 subsection exceeds $5,000,000$2,500,000, the Commission 5 shall then compute the proportionate amount, if any, which 6 (x) the tax paid hereunder by each utility during the 7 preceding biennium, and (y) the amount paid into the Public 8 Utility Fund during the preceding biennium by the Department 9 of Revenue pursuant to Sections 2-9 and 2-11 of the 10 Electricity Excise Tax Law, bears to the difference between 11 the amount determined as provided in item (3) of this 12 subsection (i) and $5,000,000$2,500,000. The Commission 13 shall cause the proportionate amount determined with respect 14 to payments made under the Electricity Excise Tax Law to be 15 transferred into the General Revenue Fund in the State 16 Treasury, and notify each public utility that it may file 17 during the 3 month period after the date of notification a 18 claim for credit for the proportionate amount determined with 19 respect to payments made hereunder by the public utility. If 20 the proportionate amount is less than $10, no notification 21 will be sent by the Commission, and no right to a claim 22 exists as to that amount. Upon the filing of a claim for 23 credit within the period provided, the Commission shall issue 24 a credit memorandum in such amount to such public utility. 25 Any claim for credit filed after the period provided for in 26 this Section is void. 27 (j) Credit memoranda issued pursuant to subsection (f) 28 and credit memoranda issued after notification and filing 29 pursuant to subsection (i) may be applied for the 2 year 30 period from the date of issuance, against the payment of any 31 amount due during that period under the tax imposed by 32 subsection (c), or, subject to reasonable rule of the 33 Commission including requirement of notification, may be 34 assigned to any other public utility subject to regulation HB2900 Enrolled -17- LRB9202399JSpc 1 under this Act. Any application of credit memoranda after the 2 period provided for in this Section is void. 3 (k) The chairman or executive director may make refund 4 of fees, taxes or other charges whenever he shall determine 5 that the person or public utility will not be liable for 6 payment of such fees, taxes or charges during the next 24 7 months and he determines that the issuance of a credit 8 memorandum would be unjust. 9 (Source: P.A. 90-561, eff. 8-1-98; 90-562, 12-16-97; 90-655, 10 eff. 7-30-98.) 11 (220 ILCS 5/8-101) (from Ch. 111 2/3, par. 8-101) 12 Sec. 8-101. Duties of public utilities; 13 nondiscrimination. AEverypublic utility shall furnish, 14 provide, and maintain such service instrumentalities, 15 equipment, and facilities as shall promote the safety, 16 health, comfort, and convenience of its patrons, employees, 17 and public and as shall be in all respects adequate, 18 efficient, just, and reasonable. 19 All rules and regulations made by a public utility 20 affecting or pertaining to its charges or service to the 21 public shall be just and reasonable. 22 AEverypublic utility shall, upon reasonable notice, 23 furnish to all persons who may apply therefor and be 24 reasonably entitled thereto, suitable facilities and service, 25 without discrimination and without delay. 26 Nothing in this Section shall be construed to prevent a 27 public utility from accepting payment electronically or by 28 the use of a customer-preferred financially accredited credit 29 or debit methodology. 30 (Source: P.A. 84-617.) 31 (220 ILCS 5/9-230) (from Ch. 111 2/3, par. 9-230) 32 Sec. 9-230. Rate of return; financial involvement with HB2900 Enrolled -18- LRB9202399JSpc 1 nonutility or unregulated companies. In determining a 2 reasonable rate of return upon investment for any public 3 utility in any proceeding to establish rates or charges, the 4 Commission shall not include any (i) incremental risk, (ii) 5orincreased cost of capital, or (iii) after May 31, 2003, 6 revenue or expense attributed to telephone directory 7 operations, which is the direct or indirect result of the 8 public utility's affiliation with unregulated or nonutility 9 companies. 10 (Source: P.A. 84-617.) 11 (220 ILCS 5/10-101.1 new) 12 Sec. 10-101.1. Mediation; arbitration; case management. 13 (a) It is the intent of the General Assembly that 14 proceedings before the Commission shall be concluded as 15 expeditiously as is possible consistent with the right of the 16 parties to the due process of law and protection of the 17 public interest. It is further the intent of the General 18 Assembly to permit and encourage voluntary mediation and 19 voluntary binding arbitration of disputes arising under this 20 Act. 21 (b) Nothing in this Act shall prevent parties to 22 contested cases brought before the Commission from resolving 23 those cases, or other disputes arising under this Act, in 24 part or in their entirety, by agreement of all parties, by 25 compromise and settlement, or by voluntary mediation; 26 provided, however, that nothing in this Section shall limit 27 the Commission's authority to conduct such investigations and 28 enter such orders as it shall deem necessary to enforce the 29 provisions of this Act or otherwise protect the public 30 interest. Evidence of conduct or statements made by a party 31 in furtherance of voluntary mediation or in compromise 32 negotiations is not admissible as evidence should the matter 33 subsequently be heard by the Commission; provided, however HB2900 Enrolled -19- LRB9202399JSpc 1 that evidence otherwise discoverable is not excluded or 2 deemed inadmissible merely because it is presented in the 3 course of voluntary mediation or compromise negotiations. No 4 civil penalty shall be imposed upon parties that reach an 5 agreement pursuant to the mediation procedures in this 6 Section. 7 (c) The Commission shall prescribe by rule such 8 procedures and facilities as are necessary to permit parties 9 to resolve disputes through voluntary mediation prior to the 10 filing of, or at any point during, the pendency of a 11 contested matter. Parties to disputes arising under this Act 12 are encouraged to submit disputes to the Commission for 13 voluntary mediation, which shall not be binding upon the 14 parties. Submission of a dispute to voluntary mediation shall 15 not compromise the right of any party to bring action under 16 this Act. 17 (d) In any contested case before the Commission, at the 18 Commission's or hearing examiner's direction or on motion of 19 any party, a case management conference may be held at such 20 time in the proceeding prior to evidentiary hearing as the 21 hearing examiner deems proper. Prior to the conference, when 22 directed to do so, all parties shall file a case management 23 memorandum that addresses items (1) through (9) as directed 24 by the hearing examiner. At the conference, the following 25 shall be considered: 26 (1) the identification and simplification of the 27 issues; provided, however, that the identification of 28 issues by a party shall not foreclose that party from 29 raising such other meritorious issues as that party might 30 subsequently identify; 31 (2) amendments to the pleadings; 32 (3) the possibility of obtaining admissions of fact 33 and of documents which will avoid unnecessary proof; 34 (4) limitations on discovery including: HB2900 Enrolled -20- LRB9202399JSpc 1 (A) the area of expertise and the number of 2 witnesses who will likely be called; provided, 3 however, that the identification of witnesses by a 4 party shall not foreclose that party from producing 5 such other witnesses as that party might 6 subsequently identify; and 7 (B) schedules for responses to and completion 8 of discovery; provided, however, that such responses 9 shall under no circumstances be provided later than 10 28 days after such discovery or requests are served, 11 unless the hearing examiner shall order or the 12 parties agree to some other time period for 13 response; 14 (5) the possibility of settlement and scheduling of 15 a settlement conference; 16 (6) the advisability of alternative dispute 17 resolution including, but not limited to, mediation or 18 arbitration; 19 (7) the date on which the matter should be ready 20 for evidentiary hearing and the likely duration of the 21 hearing; 22 (8) the advisability of holding subsequent case 23 management conferences; and 24 (9) any other matters that may aid in the 25 disposition of the action. 26 (e) The Commission is hereby authorized, if requested by 27 all parties to any complaint brought under this Act, to 28 arbitrate the complaint and to enter a binding arbitration 29 award disposing of the complaint. The Commission shall 30 prescribe by rule procedures for arbitration. 31 (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101) 32 (Section scheduled to be repealed on July 1, 2001) 33 Sec. 13-101. Application of Act to telecommunications HB2900 Enrolled -21- LRB9202399JSpc 1 rates and services. Except to the extent modified or 2 supplemented by the specific provisions of this Article, the 3 Sections of this Act pertaining to public utilities, public 4 utility rates and services, and the regulation thereof, are 5 fully and equally applicable to noncompetitive 6 telecommunications rates and services, and the regulation 7 thereof, except where the context clearly renders such 8 provisions inapplicable. Except to the extent modified or 9 supplemented by the specific provisions of this Article, 10 Articles I through V, Sections 8-301, 8-505, 9-221, 9-222, 11 9-222.1, 9-222.2, 9-250, and 9-252.1, and Articles X and XI 12 of this Act are fully and equally applicable to competitive 13 telecommunications rates and services, and the regulation 14 thereof; in addition, as to competitive telecommunications 15 rates and services, and the regulation thereof, all rules and 16 regulations made by a telecommunications carrier affecting or 17 pertaining to its charges or service to the public shall be 18 just and reasonable, provided that nothing in this Section 19 shall be construed to prevent a telecommunications carrier 20 from accepting payment electronically or by the use of a 21 customer-preferred financially accredited credit or debit 22 methodology. As of the effective date of this amendatory Act 23 of the 92nd General Assembly, Sections 4-202, 4-203, and 24 5-202 of this Act shall cease to apply to telecommunications 25 rates and services. 26 (Source: P.A. 90-38, eff. 6-27-97.) 27 (220 ILCS 5/13-202.5 new) 28 Sec. 13-202.5. Incumbent local exchange carrier. 29 "Incumbent local exchange carrier" means, with respect to an 30 area, the telecommunications carrier that provided 31 noncompetitive local exchange telecommunications service in 32 that area on February 8, 1996, and on that date was deemed a 33 member of the exchange carrier association pursuant to 47 HB2900 Enrolled -22- LRB9202399JSpc 1 C.F.R. 69.601(b), and includes its successors, assigns, and 2 affiliates. 3 (220 ILCS 5/13-216 new) 4 Sec. 13-216. Network element. "Network element" means a 5 facility or equipment used in the provision of a 6 telecommunications service. The term also includes features, 7 functions, and capabilities that are provided by means of the 8 facility or equipment, including, but not limited to, 9 subscriber numbers, databases, signaling systems, and 10 information sufficient for billing and collection or used in 11 the transmission, routing, or other provision of a 12 telecommunications service. 13 (220 ILCS 5/13-217 new) 14 Sec. 13-217. End user. "End user" means any person, 15 corporation, partnership, firm, municipality, cooperative, 16 organization, governmental agency, building owner, or other 17 entity provided with a telecommunications service for its own 18 consumption and not for resale. 19 (220 ILCS 5/13-218 new) 20 Sec. 13-218. Business end user. "Business end user" 21 means (1) an end user engaged primarily or substantially in a 22 paid commercial, professional, or institutional activity; (2) 23 an end user provided telecommunications service in a 24 commercial, professional, or institutional location, or other 25 location serving primarily or substantially as a site of an 26 activity for pay; (3) an end user whose telecommunications 27 service is listed as the principal or only number for a 28 business in any yellow pages directory; (4) an end user whose 29 telecommunications service is used to conduct promotions, 30 solicitations, or market research for which compensation or 31 reimbursement is paid or provided; provided, however, that HB2900 Enrolled -23- LRB9202399JSpc 1 the use of telecommunications service, without compensation 2 or reimbursement, for a charitable or civic purpose shall not 3 constitute business use of a telecommunications service. 4 (220 ILCS 5/13-219 new) 5 Sec. 13-219. Residential end user. "Residential end 6 user" means an end user other than a business end user. 7 (220 ILCS 5/13-220 new) 8 Sec. 13-220. Retail telecommunications service. "Retail 9 telecommunications service" means a telecommunications 10 service sold to an end user. "Retail telecommunications 11 service" does not include a telecommunications service 12 provided by a telecommunications carrier to a 13 telecommunications carrier, including to itself, as a 14 component of, or for the provision of, telecommunications 15 service. A business retail telecommunications service is a 16 retail telecommunications service provided to a business end 17 user. A residential retail telecommunications service is a 18 retail telecommunications service provided to a residential 19 end user. 20 (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1) 21 (Section scheduled to be repealed on July 1, 2001) 22 Sec. 13-301.1. Universal Telephone Service Assistance 23 Program. 24 (a) The Commission shall by rule or regulation establish 25 a Universal Telephone Service Assistance Program for low 26 income residential customers. The program shall provide for a 27 reduction of access line charges, a reduction of connection 28 charges, or any other alternative to increase accessibility 29 to telephone service that the Commission deems advisable 30 subject to the availability of funds for the program as 31 provided in subsection (d)(b). The Commission shall HB2900 Enrolled -24- LRB9202399JSpc 1 establish eligibility requirements for benefits under the 2 program. 3 (b) The Commission shall adopt rules providing for 4 enhanced enrollment for eligible consumers to receive 5 lifeline service. Enhanced enrollment may include, but is 6 not limited to, joint marketing, joint application, or joint 7 processing with the Low-Income Home Energy Assistance 8 Program, the Medicaid Program, and the Food Stamp Program. 9 The Department of Human Services, the Department of Public 10 Aid, and the Department of Commerce and Community Affairs, 11 upon request of the Commission, shall assist in the adoption 12 and implementation of those rules. The Commission and the 13 Department of Human Services, the Department of Public Aid, 14 and the Department of Commerce and Community Affairs may 15 enter into memoranda of understanding establishing the 16 respective duties of the Commission and the Departments in 17 relation to enhanced enrollment. 18 (c) In this Section, "lifeline service" means a retail 19 local service offering described by 47 C.F.R. Section 20 54.401(a), as amended. 21 (d)(b)The Commission shall require by rule or 22 regulation that each telecommunications carrier providing 23 local exchange telecommunications services notify its 24 customers that if the customer wishes to participate in the 25 funding of the Universal Telephone Service Assistance Program 26 he may do so by electing to contribute, on a monthly basis, a 27 fixed amount that will be included in the customer's monthly 28 bill. The customer may cease contributing at any time upon 29 providing notice to the telecommunications carrier providing 30 local exchange telecommunications services. The notice shall 31 state that any contribution made will not reduce the 32 customer's bill for telecommunications services. Failure to 33 remit the amount of increased payment will reduce the 34 contribution accordingly. The Commission shall specify the HB2900 Enrolled -25- LRB9202399JSpc 1 monthly fixed amount or amounts that customers wishing to 2 contribute to the funding of the Universal Telephone Service 3 Assistance Program may choose from in making their 4 contributions. Every telecommunications carrier providing 5 local exchange telecommunications services shall remit the 6 amounts contributed in accordance with the terms of the 7 Universal Telephone Service Assistance Program. 8 (Source: P.A. 87-750; 90-372, eff. 7-1-98.) 9 (220 ILCS 5/13-301.2 new) 10 Sec. 13-301.2. Program to Foster Elimination of the 11 Digital Divide. The Commission shall require by rule that 12 each telecommunications carrier notify its customers that if 13 the customer wishes to participate in the funding of the 14 Program to Foster Elimination of the Digital Divide he or she 15 may do so by electing to contribute, on a monthly basis, a 16 fixed amount that will be included in the customer's monthly 17 bill. The customer may cease contributing at any time upon 18 providing notice to the telecommunications carrier. The 19 notice shall state that any contribution made will not reduce 20 the customer's bill for telecommunications services. Failure 21 to remit the amount of increased payment will reduce the 22 contribution accordingly. The Commission shall specify the 23 monthly fixed amount or amounts that customers wishing to 24 contribute to the funding of the Program to Foster 25 Elimination of the Digital Divide may choose from in making 26 their contributions. A telecommunications carrier shall 27 remit the amounts contributed by its customers to the 28 Department of Commerce and Community Affairs for deposit in 29 the Digital Divide Elimination Fund at the intervals 30 specified in the Commission rules. 31 (220 ILCS 5/13-301.3 new) 32 Sec. 13-301.3. Digital Divide Elimination Infrastructure HB2900 Enrolled -26- LRB9202399JSpc 1 Program. 2 (a) The Digital Divide Elimination Infrastructure Fund 3 is created as a special fund in the State treasury. All 4 moneys in the Fund shall be used, subject to appropriation, 5 by the Commission to fund the construction of facilities 6 specified in Commission rules adopted under this Section. The 7 Commission may accept private and public funds, including 8 federal funds, for deposit into the Fund. Earnings 9 attributable to moneys in the Fund shall be deposited into 10 the Fund. 11 (b) The Commission shall adopt rules under which it will 12 make grants out of funds appropriated from the Digital Divide 13 Elimination Infrastructure Fund to eligible entities as 14 specified in the rules for the construction of high-speed 15 data transmission facilities in areas of the State for which 16 the incumbent local exchange carrier having the duty to serve 17 such area, and the obligation to provide advanced services to 18 such area pursuant to Section 13-517 of this Act, has sought 19 and obtained an exemption from such obligation based upon a 20 Commission finding that provision of such advanced services 21 to customers in such area is either unduly economically 22 burdensome or will impose a significant adverse economic 23 impact on users of telecommunications services generally. 24 (c) The rules of the Commission shall provide for the 25 competitive selection of recipients of grant funds available 26 from the Digital Divide Elimination Infrastructure Fund 27 pursuant to the Illinois Procurement Code. Grants shall be 28 awarded to bidders chosen on the basis of the criteria 29 established in such rules. 30 (d) All entities awarded grant moneys under this Section 31 shall maintain all records required by Commission rule for 32 the period of time specified in the rules. Such records shall 33 be subject to audit by the Commission, by any auditor 34 appointed by the State, or by any State officer authorized to HB2900 Enrolled -27- LRB9202399JSpc 1 conduct audits. 2 (220 ILCS 5/13-303 new) 3 Sec. 13-303. Action to enforce law or orders. Whenever 4 the Commission is of the opinion that a telecommunications 5 carrier is failing or omitting, or is about to fail or omit, 6 to do anything required of it by law or by an order, 7 decision, rule, regulation, direction, or requirement of the 8 Commission or is doing or permitting anything to be done, or 9 is about to do anything or is about to permit anything to be 10 done, contrary to or in violation of law or an order, 11 decision, rule, regulation, direction, or requirement of the 12 Commission, the Commission shall file an action or proceeding 13 in the circuit court in and for the county in which the case 14 or some part thereof arose or in which the telecommunications 15 carrier complained of has its principal place of business, in 16 the name of the People of the State of Illinois for the 17 purpose of having the violation or threatened violation 18 stopped and prevented either by mandamus or injunction. The 19 Commission may express its opinion in a resolution based upon 20 whatever factual information has come to its attention and 21 may issue the resolution ex parte and without holding any 22 administrative hearing before bringing suit. Except in cases 23 involving an imminent threat to the public health and safety, 24 no such resolution shall be adopted until 48 hours after the 25 telecommunications carrier has been given notice of (i) the 26 substance of the alleged violation, including citation to the 27 law, order, decision, rule, regulation, or direction of the 28 Commission alleged to have been violated and (ii) the time 29 and the date of the meeting at which such resolution will 30 first be before the Commission for consideration. 31 The Commission shall file the action or proceeding by 32 complaint in the circuit court alleging the violation or 33 threatened violation complained of and praying for HB2900 Enrolled -28- LRB9202399JSpc 1 appropriate relief by way of mandamus or injunction. It 2 shall be the duty of the court to specify a time, not 3 exceeding 20 days after the service of the copy of the 4 complaint, within which the telecommunications carrier 5 complained of must answer the complaint, and in the meantime 6 the telecommunications carrier may be restrained. In case of 7 default in answer or after answer, the court shall 8 immediately inquire into the facts and circumstances of the 9 case. The telecommunications carrier and persons that the 10 court may deem necessary or proper may be joined as parties. 11 The final judgment in any action or proceeding shall either 12 dismiss the action or proceeding or grant relief by mandamus 13 or injunction as prayed for in the complaint, or in such 14 modified or other form as will afford appropriate relief in 15 the court's judgment. 16 (220 ILCS 5/13-303.5 new) 17 Sec. 13-303.5. Injunctive relief. If, after a hearing, 18 the Commission determines that a telecommunications carrier 19 has violated this Act or a Commission order or rule, any 20 telecommunications carrier adversely affected by the 21 violation may seek injunctive relief in circuit court. 22 (220 ILCS 5/13-304 new) 23 Sec. 13-304. Action to recover civil penalties. 24 (a) The Commission shall assess and collect all civil 25 penalties established under this Act against 26 telecommunications carriers, corporations other than 27 telecommunications carriers, and persons acting as 28 telecommunications carriers. Except for the penalties 29 provided under Section 2-202, civil penalties may be assessed 30 only after notice and opportunity to be heard. Any such 31 civil penalty may be compromised by the Commission. In 32 determining the amount of the civil penalty to be assessed, HB2900 Enrolled -29- LRB9202399JSpc 1 or the amount of the civil penalty to be compromised, the 2 Commission is authorized to consider any matters of record in 3 aggravation or mitigation of the penalty, including but not 4 limited to the following: 5 (1) the duration and gravity of the violation of 6 the Act, the rules, or the order of the Commission; 7 (2) the presence or absence of due diligence on the 8 part of the violator in attempting either to comply with 9 requirements of the Act, the rules, or the order of the 10 Commission, or to secure lawful relief from those 11 requirements; 12 (3) any economic benefits accrued by the violator 13 because of the delay in compliance with requirements of 14 the Act, the rules, or the order of the Commission; and 15 (4) the amount of monetary penalty that will serve 16 to deter further violations by the violator and to 17 otherwise aid in enhancing voluntary compliance with the 18 Act, the rules, or the order of the Commission by the 19 violator and other persons similarly subject to the Act. 20 (b) If timely judicial review of a Commission order that 21 imposes a civil penalty is taken by a telecommunications 22 carrier, a corporation other than a telecommunications 23 carrier, or a person acting as a telecommunications carrier 24 on whom or on which the civil penalty has been imposed, the 25 reviewing court shall enter a judgment on all amounts upon 26 affirmance of the Commission order. If timely judicial 27 review is not taken and the civil penalty remains unpaid for 28 60 days after service of the order, the Commission in its 29 discretion may either begin revocation proceedings or bring 30 suit to recover the penalties. Unless stayed by a reviewing 31 court, interest shall accrue from the 60th day after the date 32 of service of the Commission order to the date full payment 33 is received by the Commission. 34 (c) Actions to recover delinquent civil penalties under HB2900 Enrolled -30- LRB9202399JSpc 1 this Section shall be brought in the name of the People of 2 the State of Illinois in the circuit court in and for the 3 county in which the cause, or some part thereof, arose, or in 4 which the entity complained of resides. The action shall be 5 commenced and prosecuted to final judgement by the 6 Commission. In any such action, all interest incurred up to 7 the time of final court judgment may be recovered in that 8 action. In all such actions, the procedure and rules of 9 evidence shall be the same as in ordinary civil actions, 10 except as otherwise herein provided. Any such action may be 11 compromised or discontinued on application of the Commission 12 upon such terms as the court shall approve and order. 13 (d) Civil penalties related to the late filing of 14 reports, taxes, or other filings shall be paid into the State 15 treasury to the credit of the Public Utility Fund. Except as 16 otherwise provided in this Act, all other fines and civil 17 penalties shall be paid into the State treasury to the credit 18 of the General Revenue Fund. 19 (220 ILCS 5/13-305 new) 20 Sec. 13-305. Amount of civil penalty. A 21 telecommunications carrier, any corporation other than a 22 telecommunications carrier, or any person acting as a 23 telecommunications carrier that violates or fails to comply 24 with any provisions of this Act or that fails to obey, 25 observe, or comply with any order, decision, rule, 26 regulation, direction, or requirement, or any part or 27 provision thereof, of the Commission, made or issued under 28 authority of this Act, in a case in which a civil penalty is 29 not otherwise provided for in this Act, but excepting Section 30 5-202 of the Act, shall be subject to a civil penalty imposed 31 in the manner provided in Section 13-304 of no more than 32 $30,000 or 0.00825% of the carrier's gross intrastate annual 33 telecommunications revenue, whichever is greater, for each HB2900 Enrolled -31- LRB9202399JSpc 1 offense unless the violator has fewer than 35,000 subscriber 2 access lines, in which case the civil penalty may not exceed 3 $2,000 for each offense. 4 A telecommunications carrier subject to administrative 5 penalties resulting from a final Commission order approving 6 an intercorporate transaction entered pursuant to Section 7 7-204 of this Act shall be subject to penalties under this 8 Section imposed for the same conduct only to the extent that 9 such penalties exceed those imposed by the final Commission 10 order. 11 Every violation of the provisions of this Act or of any 12 order, decision, rule, regulation, direction, or requirement 13 of the Commission, or any part or provision thereof, by any 14 corporation or person, is a separate and distinct offense. 15 Penalties under this Section shall attach and begin to accrue 16 from the day after written notice is delivered to such party 17 or parties that they are in violation of or have failed to 18 comply with this Act or an order, decision, rule, regulation, 19 direction, or requirement of the Commission, or part or 20 provision thereof. In case of a continuing violation, each 21 day's continuance thereof shall be a separate and distinct 22 offense. 23 In construing and enforcing the provisions of this Act 24 relating to penalties, the act, omission, or failure of any 25 officer, agent, or employee of any telecommunications carrier 26 or of any person acting within the scope of his or her duties 27 or employment shall in every case be deemed to be the act, 28 omission, or failure of such telecommunications carrier or 29 person. 30 If the party who has violated or failed to comply with 31 this Act or an order, decision, rule, regulation, direction, 32 or requirement of the Commission, or any part or provision 33 thereof, fails to seek timely review pursuant to Sections 34 10-113 and 10-201 of this Act, the party shall, upon HB2900 Enrolled -32- LRB9202399JSpc 1 expiration of the statutory time limit, be subject to the 2 civil penalty provision of this Section. 3 Twenty percent of all moneys collected under this Section 4 shall be deposited into the Digital Divide Elimination Fund 5 and 20% of all moneys collected under this Section shall be 6 deposited into the Digital Divide Elimination Infrastructure 7 Fund. 8 (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407) 9 (Section scheduled to be repealed on July 1, 2001) 10 Sec. 13-407. Commission study and report. The Commission 11 shall monitor and analyze patterns of entry and exit,and 12 changes in patterns ofapplications forentry and exit,for 13 each relevant market for telecommunications services, 14 including emerging high speed telecommunications markets, and 15 shall include its findings together with appropriate 16 recommendations for legislative action in its annual report 17 to the General Assembly. 18 The Commission shall also monitor and analyze the status 19 of deployment of services to consumers, and any resulting 20 "digital divisions" between consumers, including any changes 21 or trends therein. The Commission shall include its findings 22 together with appropriate recommendations for legislative 23 action in its annual report to the General Assembly. In 24 preparing this analysis the Commission shall evaluate 25 information provided by telecommunications carriers that 26 pertains to the state of competition in telecommunications 27 markets including, but not limited to: 28 (1) the number and type of firms providing 29 telecommunications services, including broadband 30 telecommunications services, within the State; 31 (2) the telecommunications services offered by 32 these firms to both retail and wholesale customers; 33 (3) the extent to which customers and other HB2900 Enrolled -33- LRB9202399JSpc 1 providers are purchasing the firms' telecommunications 2 services; 3 (4) the technologies or methods by which these 4 firms provide these services, including descriptions of 5 technologies in place and under development, and the 6 degree to which firms rely on other wholesale providers 7 to provide service to their own customers; and 8 (5) the tariffed retail and wholesale prices for 9 services provided by these firms. 10 The Commission shall at a minimum assess the variability 11 in this information according to geography, examining 12 variability by exchange, wirecenter, or zip code, and by 13 customer class, examining, at a minimum, the variability 14 between residential and small, medium, and large business 15 customers. The Commission shall provide an analysis of 16 market trends by collecting this information from firms 17 providing telecommunications services within the State. The 18 Commission shall also collect all information, in a format 19 determined by the Commission, that the Commission deems 20 necessary to assist in monitoring and analyzing the 21 telecommunications markets and the status of competition and 22 deployment of telecommunications services to consumers in the 23 State. 24 (Source: P.A. 84-1063.) 25 (220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501) 26 (Section scheduled to be repealed on July 1, 2001) 27 Sec. 13-501. Tariff; filing. 28 (a) No telecommunications carrier shall offer or provide 29 telecommunications service unless and until a tariff is filed 30 with the Commission which describes the nature of the 31 service, applicable rates and other charges, terms and 32 conditions of service, and the exchange, exchanges or other 33 geographical area or areas in which the service shall be HB2900 Enrolled -34- LRB9202399JSpc 1 offered or provided. The Commission may prescribe the form 2 of such tariff and any additional data or information which 3 shall be included therein. 4 (b) After a hearing, the Commission has the discretion 5 to impose an interim or permanent tariff on a 6 telecommunications carrier as part of the order in the case. 7 When a tariff is imposed as part of the order in a case, the 8 tariff shall remain in full force and effect until a 9 compliance tariff, or superseding tariff, is filed by the 10 telecommunications carrier and, after notice to the parties 11 in the case and after a compliance hearing is held, is found 12 by the Commission to be in compliance with the Commission's 13 order. 14 (Source: P.A. 84-1063.) 15 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502) 16 (Section scheduled to be repealed on July 1, 2001) 17 Sec. 13-502. Classification of services. 18 (a) All telecommunications services offered or provided 19 under tariff by telecommunications carriers shall be 20 classified as either competitive or noncompetitive. A 21 telecommunications carrier may offer or provide either 22 competitive or noncompetitive telecommunications services, or 23 both, subject to proper certification and other applicable 24 provisions of this Article. Any tariff filed with the 25 Commission as required by Section 13-501 shall indicate 26 whether the service to be offered or provided is competitive 27 or noncompetitive. 28 (b) A service shall be classified as competitive only 29 if, and only to the extent that, for some identifiable class 30 or group of customers in an exchange, group of exchanges, or 31 some other clearly defined geographical area, such service, 32 or its functional equivalent, or a substitute service, is 33 reasonably available from more than one provider, whether or HB2900 Enrolled -35- LRB9202399JSpc 1 not any such provider is a telecommunications carrier subject 2 to regulation under this Act. All telecommunications services 3 not properly classified as competitive shall be classified as 4 noncompetitive. The Commission shall have the power to 5 investigate the propriety of any classification of a 6 telecommunications service on its own motion and shall 7 investigate upon complaint. In any hearing or investigation, 8 the burden of proof as to the proper classification of any 9 service shall rest upon the telecommunications carrier 10 providing the service. After notice and hearing, the 11 Commission shall order the proper classification of any 12 service in whole or in part. The Commission shall make its 13 determination and issue its final order no later than 180 14 days from the date such hearing or investigation is 15 initiated. If the Commission enters into a hearing upon 16 complaint and if the Commission fails to issue an order 17 within that period, the complaint shall be deemed granted 18 unless the Commission, the complainant, and the 19 telecommunications carrier providing the service agree to 20 extend the time period. 21 (c) In determining whether a service should be 22 reclassified as competitive, the Commission shall, at a 23 minimum, consider the following factors: 24 (1) the number, size, and geographic distribution 25 of other providers of the service; 26 (2) the availability of functionally equivalent 27 services in the relevant geographic area and the ability 28 of telecommunications carriers or other persons to make 29 the same, equivalent, or substitutable service readily 30 available in the relevant market at comparable rates, 31 terms, and conditions; 32 (3) the existence of economic, technological, or 33 any other barriers to entry into, or exit from, the 34 relevant market; HB2900 Enrolled -36- LRB9202399JSpc 1 (4) the extent to which other telecommunications 2 companies must rely upon the service of another 3 telecommunications carrier to provide telecommunications 4 service; and 5 (5) any other factors that may affect competition 6 and the public interest that the Commission deems 7 appropriate. 8 (d) No tariff classifying a new telecommunications 9 service as competitive or reclassifying a previously 10 noncompetitive telecommunications service as competitive, 11 which is filed by a telecommunications carrier which also 12 offers or provides noncompetitive telecommunications service, 13 shall be effective unless and until such telecommunications 14 carrier offering or providing, or seeking to offer or 15 provide, such proposed competitive service prepares and files 16 a study of the long-run service incremental cost underlying 17 such service and demonstrates that the tariffed rates and 18 charges for the service and any relevant group of services 19 that includes the proposed competitive service and for which 20 resources are used in common solely by that group of services 21 are not less than the long-run service incremental cost of 22 providing the service and each relevant group of services. 23 Such study shall be given proprietary treatment by the 24 Commission at the request of such carrier if any other 25 provider of the competitive service, its functional 26 equivalent, or a substitute service in the geographical area 27 described by the proposed tariff has not filed, or has not 28 been required to file, such a study. 29 (e)(d)In the event any telecommunications service has 30 been classified and filed as competitive by the 31 telecommunications carrier, and has been offered or provided 32 on such basis, and the Commission subsequently determines 33 after investigation that such classification improperly 34 included services which were in fact noncompetitive, the HB2900 Enrolled -37- LRB9202399JSpc 1 Commission shall have the power to determine and order 2 refunds to customers for any overcharges which may have 3 resulted from the improper classification, or to order such 4 other remedies provided to it under this Act, or to seek an 5 appropriate remedy or relief in a court of competent 6 jurisdiction. 7 (f)(e)If no hearing or investigation regarding the 8 propriety of a competitive classification of a 9 telecommunications service is initiated within 180 days after 10 a telecommunications carrier files a tariff listing such 11 telecommunications service as competitive, no refunds to 12 customers for any overcharges which may result from an 13 improper classification shall be ordered for the period from 14 the time the telecommunications carrier filed such tariff 15 listing the service as competitive up to the time an 16 investigation of the service classification is initiated by 17 the Commission's own motion or the filing of a complaint. 18 Where a hearing or an investigation regarding the propriety 19 of a telecommunications service classification as competitive 20 is initiated after 180 days from the filing of the tariff, 21 the period subject to refund for improper classification 22 shall begin on the date such investigation or hearing is 23 initiated by the filing of a Commission motion or a 24 complaint. 25 (Source: P.A. 90-185, eff. 7-23-97.) 26 (220 ILCS 5/13-502.5 new) 27 Sec. 13-502.5. Services alleged to be improperly 28 classified. 29 (a) Any action or proceeding pending before the 30 Commission upon the effective date of this amendatory Act of 31 the 92nd General Assembly in which it is alleged that a 32 telecommunications carrier has improperly classified services 33 as competitive, other than a case pertaining to Section HB2900 Enrolled -38- LRB9202399JSpc 1 13-506.1, shall be abated and shall not be maintained or 2 continued. 3 (b) All retail telecommunications services provided to 4 business end users by any telecommunications carrier subject, 5 as of May 1, 2001, to alternative regulation under an 6 alternative regulation plan pursuant to Section 13-506.1 of 7 this Act shall be classified as competitive as of the 8 effective date of this amendatory Act of the 92nd General 9 Assembly without further Commission review. Rates for retail 10 telecommunications services provided to business end users 11 with 4 or fewer access lines shall not exceed the rates the 12 carrier charged for those services on May 1, 2001. This 13 restriction upon the rates of retail telecommunications 14 services provided to business end users shall remain in force 15 and effect through July 1, 2005; provided, however, that 16 nothing in this Section shall be construed to prohibit 17 reduction of those rates. Rates for retail telecommunications 18 services provided to business end users with 5 or more access 19 lines shall not be subject to the restrictions set forth in 20 this subsection. 21 (c) All retail vertical services, as defined herein, 22 that are provided by a telecommunications carrier subject, as 23 of May 1, 2001, to alternative regulation under an 24 alternative regulation plan pursuant to Section 13-506.1 of 25 this Act shall be classified as competitive as of June 1, 26 2003 without further Commission review. Retail vertical 27 services shall include, for purposes of this Section, 28 services available on a subscriber's telephone line that the 29 subscriber pays for on a periodic or per use basis, but shall 30 not include caller identification and call waiting. 31 (d) Any action or proceeding before the Commission upon 32 the effective date of this amendatory Act of the 92nd General 33 Assembly, in which it is alleged that a telecommunications 34 carrier has improperly classified services as competitive, HB2900 Enrolled -39- LRB9202399JSpc 1 other than a case pertaining to Section 13-506.1, shall be 2 abated and the services the classification of which is at 3 issue shall be deemed either competitive or noncompetitive as 4 set forth in this Section. Any telecommunications carrier 5 subject to an action or proceeding in which it is alleged 6 that the telecommunications carrier has improperly classified 7 services as competitive shall be deemed liable to refund, and 8 shall refund, the sum of $90,000,000 to that class or those 9 classes of its customers that were alleged to have paid rates 10 in excess of noncompetitive rates as the result of the 11 alleged improper classification. The telecommunications 12 carrier shall make the refund no later than 120 days after 13 the effective date of this amendatory Act of the 92nd General 14 Assembly. 15 (e) Any telecommunications carrier subject to an action 16 or proceeding in which it is alleged that the 17 telecommunications carrier has improperly classified services 18 as competitive shall also pay the sum of $15,000,000 to the 19 Digital Divide Elimination Fund established pursuant to 20 Section 5-20 of the Eliminate the Digital Divide Law, and 21 shall further pay the sum of $15,000,000 to the Digital 22 Divide Elimination Infrastructure Fund established pursuant 23 to Section 13-301.3 of this Act. The telecommunications 24 carrier shall make each of these payments in 3 installments 25 of $5,000,000, payable on July 1 of 2002, 2003, and 2004. 26 The telecommunications carrier shall have no further 27 accounting for these payments, which shall be used for the 28 purposes established in the Eliminate the Digital Divide Law. 29 (f) All other services shall be classified pursuant to 30 Section 13-502 of this Act. 31 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509) 32 (Section scheduled to be repealed on July 1, 2001) 33 Sec. 13-509. Agreements for provisions of competitive HB2900 Enrolled -40- LRB9202399JSpc 1 telecommunications services differing from tariffs. A 2 telecommunications carrier may negotiate with customers or 3 prospective customers to provide competitive 4 telecommunications service, and in so doing, may offer or 5 agree to provide such service on such terms and for such 6 rates or charges as are reasonable, without regard to any 7 tariffs it may have filed with the Commission with respect to 8 such services. Within 3010business days after executing 9 any such agreement, the telecommunications carrier shall file 10 any contract or memorandum of understanding for the provision 11 of telecommunications service, which shall include the rates 12 or other charges, practices, rules or regulations applicable 13 to the agreed provision of such service. Any cost support 14 required to be filed with the agreement by some other Section 15 of this Act shall be filed within 30 businesscalendardays 16 after executing any such agreement. Where the agreement 17 contains the same rates, charges, practices, rules, and 18 regulations found in a single contract or memorandum already 19 filed by the telecommunications carrier with the Commission, 20 instead of filing the contract or memorandum, the 21 telecommunications carrier may elect to file a letter 22 identifying the new agreement and specifically referencing 23 the contract or memorandum already on file with the 24 Commission which contains the same provisions. A single 25 letter may be used to file more than one new agreement. Upon 26 filing its contract or memorandum, or letter, the 27 telecommunications carrier shall thereafter provide service 28 according to the terms thereof, unless the Commission finds, 29 after notice and hearing, that the continued provision of 30 service pursuant to such contract or memorandum would 31 substantially and adversely affect the financial integrity of 32 the telecommunications carrier or would violate any other 33 provision of this Act. 34 Any contract or memorandum entered into and filed HB2900 Enrolled -41- LRB9202399JSpc 1 pursuant to the provisions of this Section may, in the 2 Commission's discretion, be accorded proprietary treatment. 3 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) 4 (220 ILCS 5/13-514) 5 (Section scheduled to be repealed on July 1, 2001) 6 Sec. 13-514. Prohibited Actions of Telecommunications 7 Carriers. A telecommunications carrier shall not knowingly 8 impede the development of competition in any 9 telecommunications service market. The following prohibited 10 actions are considered per se impediments to the development 11 of competition; however, the Commission is not limited in any 12 manner to these enumerated impediments and may consider other 13 actions which impede competition to be prohibited: 14 (1) unreasonably refusing or delaying interconnections 15 or collocation or providing inferior connections to another 16 telecommunications carrier; 17 (2) unreasonably impairing the speed, quality, or 18 efficiency of services used by another telecommunications 19 carrier; 20 (3) unreasonably denying a request of another provider 21 for information regarding the technical design and features, 22 geographic coverage, information necessary for the design of 23 equipment, and traffic capabilities of the local exchange 24 network except for proprietary information unless such 25 information is subject to a proprietary agreement or 26 protective order; 27 (4) unreasonably delaying access in connecting another 28 telecommunications carrier to the local exchange network 29 whose product or service requires novel or specialized access 30 requirements; 31 (5) unreasonably refusing or delaying access by any 32 person to another telecommunications carrier; 33 (6) unreasonably acting or failing to act in a manner HB2900 Enrolled -42- LRB9202399JSpc 1 that has a substantial adverse effect on the ability of 2 another telecommunications carrier to provide service to its 3 customers; 4 (7) unreasonably failing to offer services to customers 5 in a local exchange, where a telecommunications carrier is 6 certificated to provide service and has entered into an 7 interconnection agreement for the provision of local exchange 8 telecommunications services, with the intent to delay or 9 impede the ability of the incumbent local exchange 10 telecommunications carrier to provide inter-LATA 11 telecommunications services;and12 (8) violating the terms of or unreasonably delaying 13 implementation of an interconnection agreement entered into 14 pursuant to Section 252 of the federal Telecommunications Act 15 of 1996 in a manner that unreasonably delays, increases the 16 cost, or impedes the availability of telecommunications 17 services to consumers;.18 (9) unreasonably refusing or delaying access to or 19 provision of operation support systems to another 20 telecommunications carrier or providing inferior operation 21 support systems to another telecommunications carrier; 22 (10) unreasonably failing to offer network elements that 23 the Commission or the Federal Communications Commission has 24 determined must be offered on an unbundled basis to another 25 telecommunications carrier in a manner consistent with the 26 Commission's or Federal Communications Commission's orders or 27 rules requiring such offerings; 28 (11) violating the obligations of Section 13-801; and 29 (12) violating an order of the Commission regarding 30 matters between telecommunications carriers. 31 (Source: P.A. 90-185, eff. 7-23-97.) 32 (220 ILCS 5/13-515) 33 (Section scheduled to be repealed on July 1, 2001) HB2900 Enrolled -43- LRB9202399JSpc 1 Sec. 13-515. Enforcement. 2 (a) The following expedited procedures shall be used to 3 enforce the provisions of Section 13-514 of this Actexcept4as provided in subsection (b). However, the Commission, the 5 complainant, and the respondent may mutually agree to adjust 6 the procedures established in this Section.If the7Commission determines, pursuant to subsection (b), that the8procedural provisions of this Section do not apply, the9complaint shall continue pursuant to the general complaint10provisions of Article X.11 (b) (Blank).The provisions of this Section shall not12apply to an allegation of a violation of item (8) of Section1313-514 by a Bell operating company, as defined in Section 314of the federal Telecommunications Act of 1996, unless and15until such company or its affiliate is authorized to provide16inter-LATA services under Section 271(d) of the federal17Telecommunications Act of 1996; provided, however, that a18complaint setting forth a separate independent basis for a19violation of Section 13-514 may proceed under this Section20notwithstanding that the alleged acts or omissions may also21constitute a violation of item (8) of Section 13-514.22 (c) No complaint may be filed under this Section until 23 the complainant has first notified the respondent of the 24 alleged violation and offered the respondent 48 hours to 25 correct the situation. Provision of notice and the 26 opportunity to correct the situation creates a rebuttable 27 presumption of knowledge under Section 13-514. After the 28 filing of a complaint under this Section, the parties may 29 agree to follow the mediation process under Section 10-101.1 30 of this Act. The time periods specified in subdivision 31 (d)(7) of this Section shall be tolled during the time spent 32 in mediation under Section 10-101.1. 33 (d) A telecommunications carrier may file a complaint 34 with the Commission alleging a violation of Section 13-514 in HB2900 Enrolled -44- LRB9202399JSpc 1 accordance with this subsection: 2 (1) The complaint shall be filed with the Chief 3 Clerk of the Commission and shall be served in hand upon 4 the respondent, the executive director, and the general 5 counsel of the Commission at the time of the filing. 6 (2) A complaint filed under this subsection shall 7 include a statement that the requirements of subsection 8 (c) have been fulfilled and that the respondent did not 9 correct the situation as requested. 10 (3) Reasonable discovery specific to the issue of 11 the complaint may commence upon filing of the complaint. 12 Requests for discovery must be served in hand and 13 responses to discovery must be provided in hand to the 14 requester within 14 days after a request for discovery is 15 made. 16 (4) An answer and any other responsive pleading to 17 the complaint shall be filed with the Commission and 18 served in hand at the same time upon the complainant, the 19 executive director, and the general counsel of the 20 Commission within 7 days after the date on which the 21 complaint is filed. 22 (5) If the answer or responsive pleading raises the 23 issue that the complaint violates subsection (i) of this 24 Section, the complainant may file a reply to such 25 allegation within 3 days after actual service of such 26 answer or responsive pleading. Within 4 days after the 27 time for filing a reply has expired, the hearing officer 28 or arbitrator shall either issue a written decision 29 dismissing the complaint as frivolous in violation of 30 subsection (i) of this Section including the reasons for 31 such disposition or shall issue an order directing that 32 the complaint shall proceed. 33 (6) A pre-hearing conference shall be held within 34 14 days after the date on which the complaint is filed. HB2900 Enrolled -45- LRB9202399JSpc 1 (7) The hearing shall commence within 30 days of 2 the date on which the complaint is filed. The hearing 3 may be conducted by a hearing examiner or by an 4 arbitrator. Parties and the Commission staff shall be 5 entitled to present evidence and legal argument in oral 6 or written form as deemed appropriate by the hearing 7 examiner or arbitrator. The hearing examiner or 8 arbitrator shall issue a written decision within 60 days 9 after the date on which the complaint is filed. The 10 decision shall include reasons for the disposition of the 11 complaint and, if a violation of Section 13-514 is found, 12 directions and a deadline for correction of the 13 violation. 14 (8) Any party may file a petition requesting the 15 Commission to review the decision of the hearing examiner 16 or arbitrator within 5 days of such decision. Any party 17 may file a response to a petition for review within 3 18 business days after actual service of the petition. 19 After the time for filing of the petition for review, but 20 no later than 15 days after the decision of the hearing 21 examiner or arbitrator, the Commission shall decide to 22 adopt the decision of the hearing examiner or arbitrator 23 or shall issue its own final order. 24 (e) If the alleged violation has a substantial adverse 25 effect on the ability of the complainant to provide service 26 to customers, the complainant may include in its complaint a 27 request for an order for emergency relief. The Commission, 28 acting through its designated hearing examiner or arbitrator, 29 shall act upon such a request within 2 business days of the 30 filing of the complaint. An order for emergency relief may 31 be granted, without an evidentiary hearing, upon a verified 32 factual showing that the party seeking relief will likely 33 succeed on the merits, that the party will suffer irreparable 34 harm in its ability to serve customers if emergency relief is HB2900 Enrolled -46- LRB9202399JSpc 1 not granted, and that the order is in the public interest. 2 An order for emergency relief shall include a finding that 3 the requirements of this subsection have been fulfilled and 4 shall specify the directives that must be fulfilled by the 5 respondent and deadlines for meeting those directives. The 6 decision of the hearing examiner or arbitrator to grant or 7 deny emergency relief shall be considered an order of the 8 Commission unless the Commission enters its own order within 9 2 calendar days of the decision of the hearing examiner or 10 arbitrator. The order for emergency relief may require the 11 responding party to act or refrain from acting so as to 12 protect the provision of competitive service offerings to 13 customers. Any action required by an emergency relief order 14 must be technically feasible and economically reasonable and 15 the respondent must be given a reasonable period of time to 16 comply with the order. 17 (f) The Commission is authorized to obtain outside 18 resources including, but not limited to, arbitrators and 19 consultants for the purposes of the hearings authorized by 20 this Section. Any arbitrator or consultant obtained by the 21 Commission shall be approved by both parties to the hearing. 22 The cost of such outside resources including, but not limited 23 to, arbitrators and consultants shall be borne by the 24 parties. The Commission shall review the bill for 25 reasonableness and assess the parties for reasonable costs 26 dividing the costs according to the resolution of the 27 complaint brought under this Section. Such costs shall be 28 paid by the parties directly to the arbitrators, consultants, 29 and other providers of outside resources within 60 days after 30 receiving notice of the assessments from the Commission. 31 Interest at the statutory rate shall accrue after expiration 32 of the 60-day period. The Commission, arbitrators, 33 consultants, or other providers of outside resources may 34 apply to a court of competent jurisdiction for an order HB2900 Enrolled -47- LRB9202399JSpc 1 requiring payment. 2 (g) The Commission shall assess the parties under this 3 subsection for all of the Commission's costs of investigation 4 and conduct of the proceedings brought under this Section 5 including, but not limited to, the prorated salaries of 6 staff, attorneys, hearing examiners, and support personnel 7 and including any travel and per diem, directly attributable 8 to the complaint brought pursuant to this Section, but 9 excluding those costs provided for in subsection (f), 10 dividing the costs according to the resolution of the 11 complaint brought under this Section. All assessments made 12 under this subsection shall be paid into the Public Utility 13 Fund within 60 days after receiving notice of the assessments 14 from the Commission. Interest at the statutory rate shall 15 accrue after the expiration of the 60 day period. The 16 Commission is authorized to apply to a court of competent 17 jurisdiction for an order requiring payment. 18 (h) If the Commission determines that there is an 19 imminent threat to competition or to the public interest, the 20 Commission may, notwithstanding any other provision of this 21 Act, seek temporary, preliminary, or permanent injunctive 22 relief from a court of competent jurisdiction either prior to 23 or after the hearing. 24 (i) A party shall not bring or defend a proceeding 25 brought under this Section or assert or controvert an issue 26 in a proceeding brought under this Section, unless there is a 27 non-frivolous basis for doing so. By presenting a pleading, 28 written motion, or other paper in complaint or defense of the 29 actions or inaction of a party under this Section, a party is 30 certifying to the Commission that to the best of that party's 31 knowledge, information, and belief, formed after a reasonable 32 inquiry of the subject matter of the complaint or defense, 33 that the complaint or defense is well grounded in law and 34 fact, and under the circumstances: HB2900 Enrolled -48- LRB9202399JSpc 1 (1) it is not being presented to harass the other 2 party, cause unnecessary delay in the provision of 3 competitive telecommunications services to consumers, or 4 create needless increases in the cost of litigation; and 5 (2) the allegations and other factual contentions 6 have evidentiary support or, if specifically so 7 identified, are likely to have evidentiary support after 8 reasonable opportunity for further investigation or 9 discovery as defined herein. 10 (j) If, after notice and a reasonable opportunity to 11 respond, the Commission determines that subsection (i) has 12 been violated, the Commission shall impose appropriate 13 sanctions upon the party or parties that have violated 14 subsection (i) or are responsible for the violation. The 15 sanctions shall be not more than $30,000$7,500, plus the 16 amount of expenses accrued by the Commission for conducting 17 the hearing. Payment of sanctions imposed under this 18 subsection shall be made to the Common School Fund within 30 19 days of imposition of such sanctions. 20 (k) An appeal of a Commission Order made pursuant to 21 this Section shall not effectuate a stay of the Order unless 22 a court of competent jurisdiction specifically finds that the 23 party seeking the stay will likely succeed on the merits, 24 that the party will suffer irreparable harm without the stay, 25 and that the stay is in the public interest. 26 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) 27 (220 ILCS 5/13-516) 28 (Section scheduled to be repealed on July 1, 2001) 29 Sec. 13-516. Enforcement remediesPenaltiesforviolation30of a Commission order relating toprohibited actions byof31 telecommunications carriers. 32 (a) In addition to any other provision of this Act, all 33 of the following remedies may be applied for violations of HB2900 Enrolled -49- LRB9202399JSpc 1 Section 13-514: 2 (1) A Commission order directing the violating 3 telecommunications carrier to cease and desist from 4 violating the Act or a Commission order or rule. 5 (2) Notwithstanding any other provision of this 6 Act, for a second and any subsequent violation of Section 7 13-514 committed by a telecommunications carrier after 8 the effective date of this amendatory Act of the 92nd 9 General Assembly, the Commission may impose penalties of 10 up to $30,000 or 0.00825% of the telecommunications 11 carrier's gross intrastate annual telecommunications 12 revenue, whichever is greater, per violation unless the 13 telecommunications carrier has fewer than 35,000 14 subscriber access lines, in which case the civil penalty 15 may not exceed $2,000 per violation. The second and any 16 subsequent violation of Section 13-514 need not be of the 17 same nature or provision of the Section for a penalty to 18 be imposedof a final order or emergency relief order19issued pursuant to Section 13-515 of this Act. Matters 20 resolved through voluntary mediation pursuant to Section 21 10-101.1 shall not be considered as a violation of 22 Section 13-514 in computing eligibility for imposition of 23 a penalty under this subdivision (a)(2). Each day of a 24 continuing offense shall be treated as a separate 25 violation for purposes of levying any penalty under this 26 Section. The period for which the penaltyfineshall be 27 levied shall commence on the day the telecommunications 28 carrier first violated Section 13-514 or on the day of 29 the notice provided to the telecommunications carrier 30 pursuant to subsection (c) of Section 13-515, whichever 31 is later,Commission order requires compliance with the32orderand shall continue until the telecommunications 33 carrierpartyis in compliance with the Commission order. 34 In assessing a penalty under this subdivision (a)(2), the HB2900 Enrolled -50- LRB9202399JSpc 1 Commission may consider mitigating factors, including 2 those specified in items (1) through (4) of subsection 3 (a) of Section 13-304. 4 (3) The Commission shall award damages, attorney's 5 fees, and costs to any telecommunications carrier that 6 was subjected to a violation of Section 13-514. 7 (b) The Commission may waive penalties imposed under 8 subdivisionsubsection(a)(2) if it makes a written finding 9 as to its reasons for waiving the penaltyfine. Reasons for 10 waiving a penaltyfineshall include, but not be limited to, 11 technological infeasibility and acts of God. 12 (c) The Commission shall establish by rule procedures 13 for the imposition of remediespenaltiesunder subsection (a) 14 that, at a minimum, provide for notice, hearing and a written 15 order relating to the imposition of remediespenalties. 16 (d) Unless enforcement of an order entered by the 17 Commission under Section 13-515 otherwise directs or is 18 stayed by the Commission or by an appellate court reviewing 19 the Commission's order, at any time after 30 days from the 20 entry of the order, either the Commission, or the 21 telecommunications carrier found by the Commission to have 22 been subjected to a violation of Section 13-514, or both, is 23 authorized to petition a court of competent jurisdiction for 24 an order at law or in equity requiring enforcement of the 25 Commission order. The court shall determine (1) whether the 26 Commission entered the order identified in the petition and 27 (2) whether the violating telecommunications carrier has 28 complied with the Commission's order. A certified copy of a 29 Commission order shall be prima facie evidence that the 30 Commission entered the order so certified. Pending the 31 court's resolution of the petition, the court may award 32 temporary or preliminary injunctive relief, or such other 33 equitable relief as may be necessary, to effectively 34 implement and enforce the Commission's order in a timely HB2900 Enrolled -51- LRB9202399JSpc 1 manner. 2 If after a hearing the court finds that the Commission 3 entered the order identified in the petition and that the 4 violating telecommunications carrier has not complied with 5 the Commission's order, the court shall enter judgment 6 requiring the violating telecommunications carrier to comply 7 with the Commission's order and order such relief at law or 8 in equity as the court deems necessary to effectively 9 implement and enforce the Commission's order in a timely 10 manner. The court shall also award to the petitioner, or 11 petitioners, attorney's fees and costs, which shall be taxed 12 and collected as part of the costs of the case. 13 If the court finds that the violating telecommunications 14 carrier has failed to comply with the timely payment of 15 damages, attorney's fees, or costs ordered by the Commission, 16 the court shall order the violating telecommunications 17 carrier to pay to the telecommunications carrier or carriers 18 awarded the damages, fees, or costs by the Commission 19 additional damages for the sake of example and by way of 20 punishment for the failure to timely comply with the order of 21 the Commission, unless the court finds a reasonable basis for 22 the violating telecommunications carrier's failure to make 23 timely payment according to the Commission's order, in which 24 instance the court shall establish a new date for payment to 25 be made.The Commission is authorized to apply to a court of26competent jurisdiction for an order requiring payment of27penalties imposed under subsection (a).28 (e) Payment of damages, attorney's fees, and costs 29penaltiesimposed under subsection (a) shall be made within 30 30 days after issuance of the Commission order imposing the 31 penalties, damages, attorney's fees, or costs, unless 32 otherwise directed by the Commission or a reviewing court 33 under an appeal taken pursuant to Article X. Payment of 34 penalties imposed under subsection (a) shall be made to the HB2900 Enrolled -52- LRB9202399JSpc 1 Common School Fund within 30 days of issuance of the 2 Commission order imposing the penalties. 3 (Source: P.A. 90-185, eff. 7-23-97.) 4 (220 ILCS 5/13-517 new) 5 Sec. 13-517. Provision of advanced telecommunications 6 services. 7 (a) Every Incumbent Local Exchange Carrier 8 (telecommunications carrier that offers or provides a 9 noncompetitive telecommunications service) shall offer or 10 provide advanced telecommunications services to not less than 11 80% of its customers by January 1, 2005. 12 (b) The Commission is authorized to grant a full or 13 partial waiver of the requirements of this Section upon 14 verified petition of any Incumbent Local Exchange Carrier 15 ("ILEC") which demonstrates that full compliance with the 16 requirements of this Section would be unduly economically 17 burdensome or technically infeasible or otherwise impractical 18 in exchanges with low population density. Notice of any such 19 petition must be given to all potentially affected customers. 20 If no potentially affected customer requests the opportunity 21 for a hearing on the waiver petition, the Commission may, in 22 its discretion, allow the waiver request to take affect 23 without hearing. The Commission shall grant such petition to 24 the extent that, and for such duration as, the Commission 25 determines that such waiver: 26 (1) is necessary: 27 (A) to avoid a significant adverse economic 28 impact on users of telecommunications services 29 generally; 30 (B) to avoid imposing a requirement that is 31 unduly economically burdensome; 32 (C) to avoid imposing a requirement that is 33 technically infeasible; or HB2900 Enrolled -53- LRB9202399JSpc 1 (D) to avoid imposing a requirement that is 2 otherwise impractical to implement in exchanges with 3 low population density; and 4 (2) is consistent with the public interest, 5 convenience, and necessity. 6 The Commission shall act upon any petition filed under this 7 subsection within 180 days after receiving such petition. 8 The Commission may by rule establish standards for granting 9 any waiver of the requirements of this Section. The 10 Commission may, upon complaint or on its own motion, hold a 11 hearing to reconsider its grant of a waiver in whole or in 12 part. In the event that the Commission, following hearing, 13 determines that the affected ILEC no longer meets the 14 requirements of item (2) of this subsection, the Commission 15 shall by order rescind such waiver, in whole or in part. In 16 the event and to the degree the Commission rescinds such 17 waiver, the Commission shall establish an implementation 18 schedule for compliance with the requirements of this 19 Section. 20 (c) As used in this Section, "advanced 21 telecommunications services" means services capable of 22 supporting, in at least one direction, a speed in excess of 23 200 kilobits per second (kbps) to the network demarcation 24 point at the subscriber's premises. 25 (220 ILCS 5/13-518 new) 26 Sec. 13-518. Optional service packages. 27 (a) It is the intent of this Section to provide 28 unlimited local service packages at prices that will result 29 in savings for the average consumer. Each telecommunications 30 carrier that provides competitive and noncompetitive 31 services, and that is subject to an alternative regulation 32 plan pursuant to Section 13-506.1 of this Article, shall 33 provide, in addition to such other services as it offers, the HB2900 Enrolled -54- LRB9202399JSpc 1 following optional packages of services for a fixed monthly 2 rate, which, along with the terms and conditions thereof, the 3 Commission shall review, pursuant to Article IX of this Act, 4 to determine whether such rates, terms, and conditions are 5 fair, just, and reasonable. 6 (1) A budget package, which shall consist of 7 residential access service and unlimited local calls. 8 (2) A flat rate package, which shall consist of 9 residential access service, unlimited local calls, and 10 the customer's choice of 2 vertical services as defined 11 in this Section. 12 (3) An enhanced flat rate package, which shall 13 consist of residential access service for 2 lines, 14 unlimited local calls, the customer's choice of 2 15 vertical services as defined in this Section, and 16 unlimited local toll service. 17 (b) Nothing in this Section or this Act shall be 18 construed to prohibit any telecommunications carrier subject 19 to this Section from charging customers who elect to take one 20 of the groups of services offered pursuant to this Section, 21 any applicable surcharges, fees, and taxes. 22 (c) The term "vertical services", when used in this 23 Section, includes, but is not necessarily limited to, call 24 waiting, call forwarding, 3-way calling, caller ID, call 25 tracing, automatic callback, repeat dialing, and voicemail. 26 (d) The service packages described in this Section shall 27 be defined as noncompetitive services. 28 (220 ILCS 5/13-712 new) 29 Sec. 13-712. Basic local exchange service quality; 30 customer credits. 31 (a) It is the intent of the General Assembly that every 32 telecommunications carrier meet minimum service quality 33 standards in providing basic local exchange service on a HB2900 Enrolled -55- LRB9202399JSpc 1 non-discriminatory basis to all classes of customers. 2 (b) Definitions: 3 (1) "Alternative telephone service" means, except 4 where technically impracticable, a wireless telephone 5 capable of making local calls, and may also include, but 6 is not limited to, call forwarding, voice mail, or paging 7 services. 8 (2) "Basic local exchange service" means 9 residential and business lines used for local exchange 10 telecommunications service as defined in Section 13-204 11 of this Act, excluding: 12 (A) services that employ advanced 13 telecommunications capability as defined in Section 14 706(c)(1) of the federal Telecommunications Act of 15 1996; 16 (B) vertical services; 17 (C) company official lines; and 18 (D) records work only. 19 (3) "Link Up" refers to the Link Up Assistance 20 program defined and established at 47 C.F.R. Section 21 54.411 et seq. as amended. 22 (c) The Commission shall promulgate service quality 23 rules for basic local exchange service, which may include 24 fines, penalties, customer credits, and other enforcement 25 mechanisms. In developing such service quality rules, the 26 Commission shall consider, at a minimum, the carrier's gross 27 annual intrastate revenue; the frequency, duration, and 28 recurrence of the violation; and the relative harm caused to 29 the affected customer or other users of the network. In 30 imposing fines, the Commission shall take into account 31 compensation or credits paid by the telecommunications 32 carrier to its customers pursuant to this Section in 33 compensation for the violation found pursuant to this 34 Section. These rules shall become effective within one year HB2900 Enrolled -56- LRB9202399JSpc 1 after the effective date of this amendatory Act of the 92nd 2 General Assembly. 3 (d) The rules shall, at a minimum, require each 4 telecommunications carrier to do all of the following: 5 (1) Install basic local exchange service within 5 6 business days after receipt of an order from the customer 7 unless the customer requests an installation date that is 8 beyond 5 business days after placing the order for basic 9 service and to inform the customer of its duty to install 10 service within this timeframe. If installation of 11 service is requested on or by a date more than 5 business 12 days in the future, the telecommunications carrier shall 13 install service by the date requested. A 14 telecommunications carrier offering basic local exchange 15 service utilizing the network or network elements of 16 another carrier shall install new lines for basic local 17 exchange service within 3 business days after 18 provisioning of the line or lines by the carrier whose 19 network or network elements are being utilized is 20 complete. This subdivision (d)(1) does not apply to the 21 migration of a customer between telecommunications 22 carriers, so long as the customer maintains dial tone. 23 (2) Restore basic local exchange service for a 24 customer within 24 hours of receiving notice that a 25 customer is out of service. This provision applies to 26 service disruptions that occur when a customer switches 27 existing basic local exchange service from one carrier to 28 another. 29 (3) Keep all repair and installation appointments 30 for basic local exchange service, when a customer 31 premises visit requires a customer to be present. 32 (4) Inform a customer when a repair or installation 33 appointment requires the customer to be present. 34 (e) The rules shall include provisions for customers to HB2900 Enrolled -57- LRB9202399JSpc 1 be credited by the telecommunications carrier for violations 2 of basic local exchange service quality standards as 3 described in subsection (d). The credits shall be applied on 4 the statement issued to the customer for the next monthly 5 billing cycle following the violation or following the 6 discovery of the violation. The performance levels 7 established in subsection (c) are solely for the purposes of 8 consumer credits and shall not be used as performance levels 9 for the purposes of assessing penalties under Section 13-305. 10 At a minimum, the rules shall include the following: 11 (1) If a carrier fails to repair an out-of-service 12 condition for basic local exchange service within 24 13 hours, the carrier shall provide a credit to the 14 customer. If the service disruption is for 48 hours or 15 less, the credit must be equal to a pro-rata portion of 16 the monthly recurring charges for all local services 17 disrupted. If the service disruption is for more than 48 18 hours, but not more than 72 hours, the credit must be 19 equal to at least 33% of one month's recurring charges 20 for all local services disrupted. If the service 21 disruption is for more than 72 hours, but not more than 22 96 hours, the credit must be equal to at least 67% of one 23 month's recurring charges for all local services 24 disrupted. If the service disruption is for more than 96 25 hours, but not more than 120 hours, the credit must be 26 equal to one month's recurring charges for all local 27 services disrupted. For each day or portion thereof that 28 the service disruption continues beyond the initial 29 120-hour period, the carrier shall also provide either 30 alternative telephone service or an additional credit of 31 $20 per day, at the customers option. 32 (2) If a carrier fails to install basic local 33 exchange service as required under subdivision (d)(1), 34 the carrier shall waive 50% of any installation charges, HB2900 Enrolled -58- LRB9202399JSpc 1 or in the absence of an installation charge or where 2 installation is pursuant to the Link Up program, the 3 carrier shall provide a credit of $25. If a carrier 4 fails to install service within 10 business days after 5 the service application is placed, or fails to install 6 service within 5 business days after the customer's 7 requested installation date, if the requested date was 8 more than 5 business days after the date of the order, 9 the carrier shall waive 100% of the installation charge, 10 or in the absence of an installation charge or where 11 installation is provided pursuant to the Link Up program, 12 the carrier shall provide a credit of $50. For each day 13 that the failure to install service continues beyond the 14 initial 10 business days, or beyond 5 business days after 15 the customer's requested installation date, if the 16 requested date was more than 5 business days after the 17 date of the order, the carrier shall also provide either 18 alternative telephone service or an additional credit of 19 $20 per day, at the customer's option until service is 20 installed. 21 (3) If a carrier fails to keep a scheduled repair 22 or installation appointment when a customer premises 23 visit requires a customer to be present, the carrier 24 shall credit the customer $50 per missed appointment. A 25 credit required by this subsection does not apply when 26 the carrier provides the customer with 24-hour notice of 27 its inability to keep the appointment. 28 (4) If the violation of a basic local exchange 29 service quality standard is caused by a carrier other 30 than the carrier providing retail service to the 31 customer, the carrier providing retail service to the 32 customer shall credit the customer as provided in this 33 Section. The carrier causing the violation shall 34 reimburse the carrier providing retail service the amount HB2900 Enrolled -59- LRB9202399JSpc 1 credited the customer. When applicable, an 2 interconnection agreement shall govern compensation 3 between the carrier causing the violation, in whole or in 4 part, and the retail carrier providing the credit to the 5 customer. 6 (5) When alternative telephone service is 7 appropriate, the customer may select one of the 8 alternative telephone services offered by the carrier. 9 The alternative telephone service shall be provided at no 10 cost to the customer for the provision of local service. 11 (6) Credits required by this subsection do not 12 apply if the violation of a service quality standard: 13 (i) occurs as a result of a negligent or 14 willful act on the part of the customer; 15 (ii) occurs as a result of a malfunction of 16 customer-owned telephone equipment or inside wiring; 17 (iii) occurs as a result of, or is extended 18 by, an emergency situation as defined in Commission 19 rules; 20 (iv) is extended by the carrier's inability to 21 gain access to the customer's premises due to the 22 customer missing an appointment, provided that the 23 violation is not further extended by the carrier; 24 (v) occurs as a result of a customer request 25 to change the scheduled appointment, provided that 26 the violation is not further extended by the 27 carrier; 28 (vi) occurs as a result of a carrier's right 29 to refuse service to a customer as provided in 30 Commission rules; or 31 (vii) occurs as a result of a lack of 32 facilities where a customer requests service at a 33 geographically remote location, a customer requests 34 service in a geographic area where the carrier is HB2900 Enrolled -60- LRB9202399JSpc 1 not currently offering service, or there are 2 insufficient facilities to meet the customer's 3 request for service, subject to a carrier's 4 obligation for reasonable facilities planning. 5 (7) The provisions of this subsection are 6 cumulative and shall not in any way diminish or replace 7 other civil or administrative remedies available to a 8 customer or a class of customers. 9 (f) The rules shall require each telecommunications 10 carrier to provide to the Commission, on a quarterly basis 11 and in a form suitable for posting on the Commission's 12 website, a public report that includes performance data for 13 basic local exchange service quality of service. The 14 performance data shall be disaggregated for each geographic 15 area and each customer class of the State for which the 16 telecommunications carrier internally monitored performance 17 data as of a date 120 days preceding the effective date of 18 this amendatory Act of the 92nd General Assembly. The report 19 shall include, at a minimum, performance data on basic local 20 exchange service installations, lines out of service for more 21 than 24 hours, carrier response to customer calls, trouble 22 reports, and missed repair and installation commitments. 23 (g) The Commission shall establish and implement carrier 24 to carrier wholesale service quality rules and establish 25 remedies to ensure enforcement of the rules. 26 (220 ILCS 5/13-713 new) 27 Sec. 13-713. Consumer complaint resolution process. 28 (a) It is the intent of the General Assembly that 29 consumer complaints against telecommunications carriers shall 30 be concluded as expeditiously as possible consistent with the 31 rights of the parties thereto to the due process of law and 32 protection of the public interest. 33 (b) The Commission shall promulgate rules that permit HB2900 Enrolled -61- LRB9202399JSpc 1 parties to resolve disputes through mediation. A consumer 2 may request mediation upon completion of the Commission's 3 informal complaint process and prior to the initiation of a 4 formal complaint as described in Commission rules. 5 (c) A residential consumer or business consumer with 6 fewer than 20 lines shall have the right to request mediation 7 for resolution of a dispute with a telecommunications 8 carrier. The carrier shall be required to participate in 9 mediation at the consumer's request. 10 (d) The Commission may retain the services of an 11 independent neutral mediator or trained Commission staff to 12 facilitate resolution of the consumer dispute. The mediation 13 process must be completed no later than 45 days after the 14 consumer requests mediation. 15 (e) If the parties reach agreement, the agreement shall 16 be reduced to writing at the conclusion of the mediation. 17 The writing shall contain mutual conditions, payment 18 arrangements, or other terms that resolve the dispute in its 19 entirety. If the parties are unable to reach agreement or 20 after 45 days, whichever occurs first, the consumer may file 21 a formal complaint with the Commission as described in 22 Commission rules. 23 (f) If either the consumer or the carrier fails to abide 24 by the terms of the settlement agreement, either party may 25 exercise any rights it may have as specified in the terms of 26 the agreement or as provided in Commission rules. 27 (g) All notes, writings and settlement discussions 28 related to the mediation shall be exempt from discovery and 29 shall be inadmissible in any agency or court proceeding. 30 (220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801) 31 (Section scheduled to be repealed on July 1, 2001) 32 Sec. 13-801. Incumbent local exchange carrier 33 obligations. HB2900 Enrolled -62- LRB9202399JSpc 1 (a) This Section provides additional State requirements 2 contemplated by, but not inconsistent with, Section 261(c) of 3 the federal Telecommunications Act of 1996, and not preempted 4 by orders of the Federal Communications Commission. A 5 telecommunications carrier not subject to regulation under an 6 alternative regulation plan pursuant to Section 13-506.1 of 7 this Act shall not be subject to the provisions of this 8 Section, to the extent that this Section imposes requirements 9 or obligations upon the telecommunications carrier that 10 exceed or are more stringent than those obligations imposed 11 by Section 251 of the federal Telecommunications Act of 1996 12 and regulations promulgated thereunder. 13 An incumbent local exchange carrier shall provide a 14 requesting telecommunications carrier with interconnection, 15 collocation, network elements, and access to operations 16 support systems on just, reasonable, and nondiscriminatory 17 rates, terms, and conditions to enable the provision of any 18 and all existing and new telecommunications services within 19 the LATA, including, but not limited to, local exchange and 20 exchange access. The Commission shall require the incumbent 21 local exchange carrier to provide interconnection, 22 collocation, and network elements in any manner technically 23 feasible to the fullest extent possible to implement the 24 maximum development of competitive telecommunications 25 services offerings. As used in this Section, to the extent 26 that interconnection, collocation, or network elements have 27 been deployed for or by the incumbent local exchange carrier 28 or one of its wireline local exchange affiliates in any 29 jurisdiction, it shall be presumed that such is technically 30 feasible in Illinois. 31 (b) Interconnection. 32 (1) An incumbent local exchange carrier shall 33 provide for the facilities and equipment of any 34 requesting telecommunications carrier's interconnection HB2900 Enrolled -63- LRB9202399JSpc 1 with the incumbent local exchange carrier's network on 2 just, reasonable, and nondiscriminatory rates, terms, and 3 conditions: 4 (A) for the transmission and routing of local 5 exchange, and exchange access telecommunications 6 services; 7 (B) at any technically feasible point within 8 the incumbent local exchange carrier's network; 9 however, the incumbent local exchange carrier may 10 not require the requesting carrier to interconnect 11 at more than one technically feasible point within a 12 LATA; and 13 (C) that is at least equal in quality and 14 functionality to that provided by the incumbent 15 local exchange carrier to itself or to any 16 subsidiary, affiliate, or any other party to which 17 the incumbent local exchange carrier provides 18 interconnection. 19 (2) An incumbent local exchange carrier shall make 20 available to any requesting telecommunications carrier, 21 to the extent technically feasible, those services, 22 facilities, or interconnection agreements or arrangements 23 that the incumbent local exchange carrier or any of its 24 incumbent local exchange subsidiaries or affiliates 25 offers in another state under the terms and conditions, 26 but not the stated rates, negotiated pursuant to Section 27 252 of the federal Telecommunications Act of 1996. Rates 28 shall be established in accordance with the requirements 29 of subsection (g) of this Section. An incumbent local 30 exchange carrier shall also make available to any 31 requesting telecommunications carrier, to the extent 32 technically feasible, and subject to the unbundling 33 provisions of Section 251(d)(2) of the federal 34 Telecommunications Act of 1996, those unbundled network HB2900 Enrolled -64- LRB9202399JSpc 1 element or interconnection agreements or arrangements 2 that a local exchange carrier affiliate of the incumbent 3 local exchange carrier obtains in another state from the 4 incumbent local exchange carrier in that state, under the 5 terms and conditions, but not the stated rates, obtained 6 through negotiation, or through an arbitration initiated 7 by the affiliate, pursuant to Section 252 of the federal 8 Telecommunications Act of 1996. Rates shall be 9 established in accordance with the requirements of 10 subsection (g) of this Section. 11 (c) Collocation. An incumbent local exchange carrier 12 shall provide for physical or virtual collocation of any type 13 of equipment for interconnection or access to network 14 elements at the premises of the incumbent local exchange 15 carrier on just, reasonable, and nondiscriminatory rates, 16 terms, and conditions. The equipment shall include, but is 17 not limited to, optical transmission equipment, multiplexers, 18 remote switching modules, and cross-connects between the 19 facilities or equipment of other collocated carriers. The 20 equipment shall also include microwave transmission 21 facilities on the exterior and interior of the incumbent 22 local exchange carrier's premises used for interconnection 23 to, or for access to network elements of, the incumbent local 24 exchange carrier or a collocated carrier, unless the 25 incumbent local exchange carrier demonstrates to the 26 Commission that it is not practical due to technical reasons 27 or space limitations. An incumbent local exchange carrier 28 shall allow, and provide for, the most reasonably direct and 29 efficient cross-connects, that are consistent with safety and 30 network reliability standards, between the facilities of 31 collocated carriers. An incumbent local exchange carrier 32 shall also allow, and provide for, cross connects between a 33 noncollocated telecommunications carrier's network elements 34 platform, or a noncollocated telecommunications carrier's HB2900 Enrolled -65- LRB9202399JSpc 1 transport facilities, and the facilities of any collocated 2 carrier, consistent with safety and network reliability 3 standards. 4 (d) Network elements. The incumbent local exchange 5 carrier shall provide to any requesting telecommunications 6 carrier, for the provision of an existing or a new 7 telecommunications service, nondiscriminatory access to 8 network elements on any unbundled or bundled basis, as 9 requested, at any technically feasible point on just, 10 reasonable, and nondiscriminatory rates, terms, and 11 conditions. 12 (1) An incumbent local exchange carrier shall 13 provide unbundled network elements in a manner that 14 allows requesting telecommunications carriers to combine 15 those network elements to provide a telecommunications 16 service. 17 (2) An incumbent local exchange carrier shall not 18 separate network elements that are currently combined, 19 except at the explicit direction of the requesting 20 carrier. 21 (3) Upon request, an incumbent local exchange 22 carrier shall combine any sequence of unbundled network 23 elements that it ordinarily combines for itself, 24 including but not limited to, unbundled network elements 25 identified in The Draft of the Proposed Ameritech 26 Illinois 271 Amendment (I2A) found in Schedule SJA-4 27 attached to Exhibit 3.1 filed by Illinois Bell Telephone 28 Company on or about March 28, 2001 with the Illinois 29 Commerce Commission under Illinois Commerce Commission 30 Docket Number 00-0700. The Commission shall determine 31 those network elements the incumbent local exchange 32 carrier ordinarily combines for itself if there is a 33 dispute between the incumbent local exchange carrier and 34 the requesting telecommunications carrier under this HB2900 Enrolled -66- LRB9202399JSpc 1 subdivision of this Section of this Act. 2 The incumbent local exchange carrier shall be 3 entitled to recover from the requesting 4 telecommunications carrier any just and reasonable 5 special construction costs incurred in combining such 6 unbundled network elements (i) if such costs are not 7 already included in the established price of providing 8 the network elements, (ii) if the incumbent local 9 exchange carrier charges such costs to its retail 10 telecommunications end users, and (iii) if fully 11 disclosed in advance to the requesting telecommunications 12 carrier. The Commission shall determine whether the 13 incumbent local exchange carrier is entitled to any 14 special construction costs if there is a dispute between 15 the incumbent local exchange carrier and the requesting 16 telecommunications carrier under this subdivision of this 17 Section of this Act. 18 (4) A telecommunications carrier may use a network 19 elements platform consisting solely of combined network 20 elements of the incumbent local exchange carrier to 21 provide end to end telecommunications service for the 22 provision of existing and new local exchange, 23 interexchange that includes local, local toll, and 24 intraLATA toll, and exchange access telecommunications 25 services within the LATA to its end users or payphone 26 service providers without the requesting 27 telecommunications carrier's provision or use of any 28 other facilities or functionalities. 29 (5) The Commission shall establish maximum time 30 periods for the incumbent local exchange carrier's 31 provision of network elements. The maximum time period 32 shall be no longer than the time period for the incumbent 33 local exchange carrier's provision of comparable retail 34 telecommunications services utilizing those network HB2900 Enrolled -67- LRB9202399JSpc 1 elements. The Commission may establish a maximum time 2 period for a particular network element that is shorter 3 than for a comparable retail telecommunications service 4 offered by the incumbent local exchange carrier if a 5 requesting telecommunications carrier establishes that 6 it shall perform other functions or activities after 7 receipt of the particular network element to provide 8 telecommunications services to end users. The burden of 9 proof for establishing a maximum time period for a 10 particular network element that is shorter than for a 11 comparable retail telecommunications service offered by 12 the incumbent local exchange carrier shall be on the 13 requesting telecommunications carrier. Notwithstanding 14 any other provision of this Article, unless and until the 15 Commission establishes by rule or order a different 16 specific maximum time interval, the maximum time 17 intervals shall not exceed 5 business days for the 18 provision of unbundled loops, both digital and analog, 10 19 business days for the conditioning of unbundled loops or 20 for existing combinations of network elements for an end 21 user that has existing local exchange telecommunications 22 service, and one business day for the provision of the 23 high frequency portion of the loop (line-sharing) for at 24 least 95% of the requests of each requesting 25 telecommunications carrier for each month. 26 In measuring the incumbent local exchange carrier's 27 actual performance, the Commission shall ensure that 28 occurrences beyond the control of the incumbent local 29 exchange carrier that adversely affect the incumbent 30 local exchange carrier's performance are excluded when 31 determining actual performance levels. Such occurrences 32 shall be determined by the Commission, but at a minimum 33 must include work stoppage or other labor actions and 34 acts of war. Exclusions shall also be made for HB2900 Enrolled -68- LRB9202399JSpc 1 performance that is governed by agreements approved by 2 the Commission and containing timeframes for the same or 3 similar measures or for when a requesting 4 telecommunications carrier requests a longer time 5 interval. 6 (6) When a telecommunications carrier requests a 7 network elements platform referred to in subdivision 8 (d)(4) of this Section, without the need for field work 9 outside of the central office, for an end user that has 10 existing local exchange telecommunications service 11 provided by an incumbent local exchange carrier, or by 12 another telecommunications carrier through the incumbent 13 local exchange carrier's network elements platform, 14 unless otherwise agreed by the telecommunications 15 carriers, the incumbent local exchange carrier shall 16 provide the requesting telecommunications carrier with 17 the requested network elements platform within 3 business 18 days for at least 95% of the requests for each requesting 19 telecommunications carrier for each month. A requesting 20 telecommunications carrier may order the network elements 21 platform as is for an end user that has such existing 22 local exchange service without changing any of the 23 features previously selected by the end user. The 24 incumbent local exchange carrier shall provide the 25 requested network elements platform without any 26 disruption to the end user's services. 27 Absent a contrary agreement between the 28 telecommunications carriers entered into after the 29 effective date of this amendatory Act of the 92nd General 30 Assembly, as of 12:01 a.m. on the third business day 31 after placing the order for a network elements platform, 32 the requesting telecommunications carrier shall be the 33 presubscribed primary local exchange carrier for that end 34 user line and shall be entitled to receive, or to direct HB2900 Enrolled -69- LRB9202399JSpc 1 the disposition of, all revenues for all services 2 utilizing the network elements in the platform, unless it 3 is established that the end user of the existing local 4 exchange service did not authorize the requesting 5 telecommunications carrier to make the request. 6 (e) Operations support systems. The Commission shall 7 establish minimum standards with just, reasonable, and 8 nondiscriminatory rates, terms, and conditions for the 9 preordering, ordering, provisioning, maintenance and repair, 10 and billing functions of the incumbent local exchange 11 carrier's operations support systems provided to other 12 telecommunications carriers. 13 (f) Resale. An incumbent local exchange carrier shall 14 offer all retail telecommunications services, that the 15 incumbent local exchange carrier provides at retail to 16 subscribers who are not telecommunications carriers, within 17 the LATA, together with each applicable optional feature or 18 functionality, subject to resale at wholesale rates without 19 imposing any unreasonable or discriminatory conditions or 20 limitations. Wholesale rates shall be based on the retail 21 rates charged to end users for the telecommunications service 22 requested, excluding the portion thereof attributable to any 23 marketing, billing, collection, and other costs avoided by 24 the local exchange carrier. The Commission may determine 25 under Article IX of this Act that certain noncompetitive 26 services, together with each applicable optional feature or 27 functionality, that are offered to residence customers under 28 different rates, charges, terms, or conditions than to other 29 customers should not be subject to resale under the rates, 30 charges, terms, or conditions available only to residence 31 customers. 32 (g) Cost based rates. Interconnection, collocation, 33 network elements, and operations support systems shall be 34 provided by the incumbent local exchange carrier to HB2900 Enrolled -70- LRB9202399JSpc 1 requesting telecommunications carriers at cost based rates. 2 The immediate implementation and provisioning of 3 interconnection, collocation, network elements, and 4 operations support systems shall not be delayed due to any 5 lack of determination by the Commission as to the cost based 6 rates. When cost based rates have not been established, 7 within 30 days after the filing of a petition for the setting 8 of interim rates, or after the Commission's own motion, the 9 Commission shall provide for interim rates that shall remain 10 in full force and effect until the cost based rate 11 determination is made, or the interim rate is modified, by 12 the Commission. 13 (h) Rural exemption. This Section does not apply to 14 certain rural telephone companies as described in 47 U.S.C. 15 251(f). 16 (i) Schedule of rates. A telecommunications carrier may 17 request the incumbent local exchange carrier to provide a 18 schedule of rates listing each of the rate elements of the 19 incumbent local exchange carrier that pertains to a proposed 20 order identified by the requesting telecommunications carrier 21 for any of the matters covered in this Section. The 22 incumbent local exchange carrier shall deliver the requested 23 schedule of rates to the requesting telecommunications 24 carrier within 2 business days for 95% of the requests for 25 each requesting carrier 26 (j) Special access circuits. Other than as provided in 27 subdivision (d)(4) of this Section for the network elements 28 platform described in that subdivision, nothing in this 29 amendatory Act of the 92nd General Assembly is intended to 30 require or prohibit the substitution of switched or special 31 access services by or with a combination of network elements 32 nor address the Illinois Commerce Commission's jurisdiction 33 or authority in this area. 34 (k) The Commission shall determine any matters in HB2900 Enrolled -71- LRB9202399JSpc 1 dispute between the incumbent local exchange carrier and the 2 requesting carrier pursuant to Section 13-515 of this Act. 3The Commission shall prepare and issue an annual report on4the status of the telecommunications industry and Illinois5regulation thereof on January 31 of each year beginning in61986. Such report shall include:7(a) A review of regulatory decisions and actions8from the preceding year and a description of pending9cases involving significant telecommunications carriers10or issues;11(b) a description of the telecommunications12industry and changes or trends therein, including the13number, type and size of firms offering14telecommunications services, whether or not such firms15are subject to State regulation, telecommunications16technologies in place and under development, variations17in the geographic availability of services and in prices18for services, and penetration levels of subscriber access19to local exchange service in each exchange and trends20related thereto;21(c) the status of compliance by carriers and the22Commission with the requirements of this Article;23(d) the effects, and likely effects of Illinois24regulatory policies and practices, including those25described in this Article, on telecommunications26carriers, services and customers;27(e) any recommendations for legislative change28which are adopted by the Commission and which the29Commission believes are in the interest of Illinois30telecommunications customers; and31(f) any other information or analysis which the32Commission is required to provide by this Article or33deems necessary to provide.34The Commission's report shall be filed with the JointHB2900 Enrolled -72- LRB9202399JSpc 1Committee on Legislative Support Services, the Governor, and2the Public Counsel and shall be publicly available. The Joint3Committee on Legislative Support Services shall conduct4public hearings on the report and any recommendations5therein.6 (Source: P.A. 84-1063.) 7 (220 ILCS 5/13-902) 8 (Section scheduled to be repealed on July 1, 2001) 9 Sec. 13-902. Authorization and verification of a 10 subscriber's change in telecommunications carrier. 11 (a) Definitions; scope. 12 (1) "Submitting carrier" means any 13 telecommunications carrier that requests on behalf of a 14 subscriber that the subscriber's telecommunications 15 carrier be changed and seeks to provide retail services 16 to the end user subscriber. 17 (2) "Executing carrier" means any 18 telecommunications carrier that effects a request that a 19 subscriber's telecommunications carrier be changed. 20 (3) "Authorized carrier" means any 21 telecommunications carrier that submits a change, on 22 behalf of a subscriber, in the subscriber's selection of 23 a provider of telecommunications service with the 24 subscriber's authorization verified in accordance with 25 the procedures specified in this Section. 26 (4) "Unauthorized carrier" means any 27 telecommunications carrier that submits a change, on 28 behalf of a subscriber, in the subscriber's selection of 29 a provider of telecommunications service but fails to 30 obtain the subscriber's authorization verified in 31 accordance with the procedures specified in this Section. 32 (5) "Unauthorized change" means a change in a 33 subscriber's selection of a provider of HB2900 Enrolled -73- LRB9202399JSpc 1 telecommunications service that was made without 2 authorization verified in accordance with the 3 verification procedures specified in this Section. 4 (6) "Subscriber" means: 5 (A) the party identified in the account 6 records of a common carrier as responsible for 7 payment of the telephone bill; 8 (B) any adult person authorized by such party 9 to change telecommunications services or to charge 10 services to the account; or 11 (C) any person contractually or otherwise 12 lawfully authorized to represent such party. 13 This Section does not apply to retail business 14 subscribers served by more than 20 lines. 15 (b) Authorization from the subscriber. "Authorization" 16 means an express, affirmative act by a subscriber agreeing to 17 the change in the subscriber's telecommunications carrier to 18 another carrier. A subscriber's telecommunications service 19 shall be provided by the telecommunications carrier selected 20 by the subscriber. 21 (c) Authorization and verification of orders for 22 telecommunications service. 23 (1) No telecommunications carrier shall submit or 24 execute a change on behalf of a subscriber in the 25 subscriber's selection of a provider of 26 telecommunications service except in accordance with the 27 procedures prescribed in this subsection. 28 (2) No submitting carrier shall submit a change on 29 the behalf of a subscriber in the subscriber's selection 30 of a provider of telecommunications service prior to 31 obtaining: 32 (A) authorization from the subscriber; and 33 (B) verification of that authorization in 34 accordance with the procedures prescribed in this HB2900 Enrolled -74- LRB9202399JSpc 1 Section. 2 The submitting carrier shall maintain and preserve 3 records of verification of subscriber authorization for a 4 minimum period of 2 years after obtaining such verification. 5 (3) An executing carrier shall not verify the 6 submission of a change in a subscriber's selection of a 7 provider of telecommunications service received from a 8 submitting carrier. For an executing carrier, compliance 9 with the procedures described in this Section shall be 10 defined as prompt execution, without any unreasonable 11 delay, of changes that have been verified by a submitting 12 carrier. 13 (4) Commercial mobile radio services (CMRS) 14 providers shall be excluded from the verification 15 requirements of this Section as long as they are not 16 required to provide equal access to common carriers for 17 the provision of telephone toll services, in accordance 18 with 47 U.S.C. 332(c)(8). 19 (5) Where a telecommunications carrier is selling 20 more than one type of telecommunications service (e.g., 21 local exchange, intraLATA/intrastate toll, 22 interLATA/interstate toll, and international toll), that 23 carrier must obtain separate authorization from the 24 subscriber for each service sold, although the 25 authorizations may be made within the same solicitation. 26 Each authorization must be verified separately from any 27 other authorizations obtained in the same solicitation. 28 Each authorization must be verified in accordance with 29 the verification procedures prescribed in this Section. 30 (6) No telecommunications carrier shall submit a 31 preferred carrier change order unless and until the order 32 has been confirmed in accordance with one of the 33 following procedures: 34 (A) The telecommunications carrier has HB2900 Enrolled -75- LRB9202399JSpc 1 obtained the subscriber's written or electronically 2 signed authorization in a form that meets the 3 requirements of subsection (d). 4 (B) The telecommunications carrier has 5 obtained the subscriber's electronic authorization 6 to submit the preferred carrier change order. Such 7 authorization must be placed from the telephone 8 number or numbers on which the preferred carrier is 9 to be changed and must confirm the information in 10 subsections (b) and (c) of this Section. 11 Telecommunications carriers electing to confirm 12 sales electronically shall establish one or more 13 toll-free telephone numbers exclusively for that 14 purpose. Calls to the toll-free telephone numbers 15 must connect a subscriber to a voice response unit, 16 or similar mechanism, that records the required 17 information regarding the preferred carrier change, 18 including automatically recording the originating 19 automatic number identification. 20 (C) An appropriately qualified independent 21 third party has obtained, in accordance with the 22 procedures set forth in paragraphs (7) through (10) 23 of this subsection, the subscriber's oral 24 authorization to submit the preferred carrier change 25 order that confirms and includes appropriate 26 verification data. The independent third party must 27 not be owned, managed, controlled, or directed by 28 the carrier or the carrier's marketing agent; must 29 not have any financial incentive to confirm 30 preferred carrier change orders for the carrier or 31 the carrier's marketing agent; and must operate in a 32 location physically separate from the carrier or the 33 carrier's marketing agent. 34 (7) Methods of third party verification. Automated HB2900 Enrolled -76- LRB9202399JSpc 1 third party verification systems and three-way conference 2 calls may be used for verification purposes so long as 3 the requirements of paragraphs (8) through (10) of this 4 subsection are satisfied. 5 (8) Carrier initiation of third party verification. 6 A carrier or a carrier's sales representative initiating 7 a three-way conference call or a call through an 8 automated verification system must drop off the call once 9 the three-way connection has been established. 10 (9) Requirements for content and format of third 11 party verification. All third party verification methods 12 shall elicit, at a minimum, the identity of the 13 subscriber; confirmation that the person on the call is 14 authorized to make the carrier change; confirmation that 15 the person on the call wants to make the carrier change; 16 the names of the carriers affected by the change; the 17 telephone numbers to be switched; and the types of 18 service involved. Third party verifiers may not market 19 the carrier's services by providing additional 20 information, including information regarding preferred 21 carrier freeze procedures. 22 (10) Other requirements for third party 23 verification. All third party verifications shall be 24 conducted in the same language that was used in the 25 underlying sales transaction and shall be recorded in 26 their entirety. In accordance with the procedures set 27 forth in paragraph (2)(B) of this subsection, submitting 28 carriers shall maintain and preserve audio records of 29 verification of subscriber authorization for a minimum 30 period of 2 years after obtaining such verification. 31 Automated systems must provide consumers with an option 32 to speak with a live person at any time during the call. 33 (11) Telecommunications carriers must provide 34 subscribers the option of using one of the authorization HB2900 Enrolled -77- LRB9202399JSpc 1 and verification procedures specified in paragraph (6) of 2 this subsection in addition to an electronically signed 3 authorization and verification procedure under paragraph 4 (6)(A) of this subsection. 5 (d) Letter of agency form and content. 6 (1) A telecommunications carrier may use a written 7 or electronically signed letter of agency to obtain 8 authorization or verification, or both, of a subscriber's 9 request to change his or her preferred carrier selection. 10 A letter of agency that does not conform with this 11 Section is invalid for purposes of this Section. 12 (2) The letter of agency shall be a separate 13 document (or an easily separable document) or located on 14 a separate screen or webpage containing only the 15 authorizing language described in paragraph (5) of this 16 subsection having the sole purpose of authorizing a 17 telecommunications carrier to initiate a preferred 18 carrier change. The letter of agency must be signed and 19 dated by the subscriber to the telephone line or lines 20 requesting the preferred carrier change. 21 (3) The letter of agency shall not be combined on 22 the same document, screen, or webpage with inducements of 23 any kind. 24 (4) Notwithstanding paragraphs (2) and (3) of this 25 subsection, the letter of agency may be combined with 26 checks that contain only the required letter of agency 27 language as prescribed in paragraph (5) of this 28 subsection and the necessary information to make the 29 check a negotiable instrument. The letter of agency check 30 shall not contain any promotional language or material. 31 The letter of agency check shall contain in easily 32 readable, bold-face type on the front of the check, a 33 notice that the subscriber is authorizing a preferred 34 carrier change by signing the check. The letter of agency HB2900 Enrolled -78- LRB9202399JSpc 1 language shall be placed near the signature line on the 2 back of the check. 3 (5) At a minimum, the letter of agency must be 4 printed with a type of sufficient size and readability to 5 be clearly legible and must contain clear and unambiguous 6 language that confirms: 7 (A) The subscriber's billing name and address 8 and each telephone number to be covered by the 9 preferred carrier change order; 10 (B) The decision to change the preferred 11 carrier from the current telecommunications carrier 12 to the soliciting telecommunications carrier; 13 (C) That the subscriber designates (insert the 14 name of the submitting carrier) to act as the 15 subscriber's agent for the preferred carrier change; 16 (D) That the subscriber understands that only 17 one telecommunications carrier may be designated as 18 the subscriber's interstate or interLATA preferred 19 interexchange carrier for any one telephone number. 20 To the extent that a jurisdiction allows the 21 selection of additional preferred carriers (e.g., 22 local exchange, intraLATA/intrastate toll, 23 interLATA/interstate toll, or international 24 interexchange) the letter of agency must contain 25 separate statements regarding those choices, 26 although a separate letter of agency for each choice 27 is not necessary; and 28 (E) That the subscriber may consult with the 29 carrier as to whether a fee will apply to the change 30 in the subscriber's preferred carrier. 31 (6) Any carrier designated in a letter of agency as 32 a preferred carrier must be the carrier directly setting 33 the rates for the subscriber. 34 (7) Letters of agency shall not suggest or require HB2900 Enrolled -79- LRB9202399JSpc 1 that a subscriber take some action in order to retain the 2 subscriber's current telecommunications carrier. 3 (8) If any portion of a letter of agency is 4 translated into another language then all portions of the 5 letter of agency must be translated into that language. 6 Every letter of agency must be translated into the same 7 language as any promotional materials, oral descriptions, 8 or instructions provided with the letter of agency. 9 (9) Letters of agency submitted with an 10 electronically signed authorization must include the 11 consumer disclosures required by Section 101(c) of the 12 Electronic Signatures in Global and National Commerce 13 Act. 14 (10) A telecommunications carrier shall submit a 15 preferred carrier change order on behalf of a subscriber 16 within no more than 60 days after obtaining a written or 17 electronically signed letter of agency. 18 (11) If a telecommunications carrier uses a letter 19 of agency, the carrier shall send a letter to the 20 subscriber using first class mail, postage prepaid, no 21 later than 10 days after the telecommunications carrier 22 submitting the change in the subscriber's 23 telecommunications carrier is on notice that the change 24 has occurred. The letter must inform the subscriber of 25 the details of the telecommunications carrier change and 26 provide the subscriber with a toll free number to call 27 should the subscriber wish to cancel the change. 28 (e) A switch in a subscriber's selection of a provider 29 of telecommunications service that complies with the rules 30 promulgated by the Federal Communications Commission and any 31 amendments thereto shall be deemed to be in compliance with 32 the provisions of this Section. 33 (f) The Commission shall promulgate any rules necessary 34 to administer this Section. The rules promulgated under this HB2900 Enrolled -80- LRB9202399JSpc 1 Section shall comport with the rules, if any, promulgated by 2 the Attorney General pursuant to the Consumer Fraud and 3 Deceptive Business Practices Act and with any rules 4 promulgated by the Federal Communications Commission. 5 (g) Complaints may be filed with the Commission under 6 this Section by a subscriber whose telecommunications service 7 has been provided by an unauthorized telecommunications 8 carrier as a result of an unreasonable delay, by a subscriber 9 whose telecommunications carrier has been changed to another 10 telecommunications carrier in a manner not in compliance with 11 this Section, by a subscriber's authorized 12 telecommunications carrier that has been removed as a 13 subscriber's telecommunications carrier in a manner not in 14 compliance with this Section, by a subscriber's authorized 15 submitting carrier whose change order was delayed 16 unreasonably, or by the Commission on its own motion. Upon 17 filing of the complaint, the parties may mutually agree to 18 submit the complaint to the Commission's established 19 mediation process. Remedies in the mediation process may 20 include, but shall not be limited to, the remedies set forth 21 in this subsection. In its discretion, the Commission may 22 deny the availability of the mediation process and submit the 23 complaint to hearings. If the complaint is not submitted to 24 mediation or if no agreement is reached during the mediation 25 process, hearings shall be held on the complaint. If, after 26 notice and hearing, the Commission finds that a 27 telecommunications carrier has violated this Section or a 28 rule promulgated under this Section, the Commission may in 29 its discretion do any one or more of the following: 30 (1) Require the violating telecommunications 31 carrier to refund to the subscriber all fees and charges 32 collected from the subscriber for services up to the time 33 the subscriber receives written notice of the fact that 34 the violating carrier is providing telecommunications HB2900 Enrolled -81- LRB9202399JSpc 1 service to the subscriber, including notice on the 2 subscriber's bill. For unreasonable delays wherein 3 telecommunications service is provided by an unauthorized 4 carrier, the Commission may require the violating carrier 5 to refund to the subscriber all fees and charges 6 collected from the subscriber during the unreasonable 7 delay. The Commission may order the remedial action 8 outlined in this subsection only to the extent that the 9 same remedial action is allowed pursuant to rules or 10 regulations promulgated by the Federal Communications 11 Commission. 12 (2) Require the violating telecommunications 13 carrier to refund to the subscriber charges collected in 14 excess of those that would have been charged by the 15 subscriber's authorized telecommunications carrier. 16 (3) Require the violating telecommunications 17 carrier to pay to the subscriber's authorized 18 telecommunications carrier the amount the authorized 19 telecommunications carrier would have collected for the 20 telecommunications service. The Commission is authorized 21 to reduce this payment by any amount already paid by the 22 violating telecommunications carrier to the subscriber's 23 authorized telecommunications carrier for those 24 telecommunications services. 25 (4) Require the violating telecommunications 26 carrier to pay a fine of up to $1,000 into the Public 27 Utility Fund for each repeated and intentional violation 28 of this Section. 29 (5) Issue a cease and desist order. 30 (6) For a pattern of violation of this Section or 31 for intentionally violating a cease and desist order, 32 revoke the violating telecommunications carrier's 33 certificate of service authority.Rules for verification34of a subscriber's change in telecommunications carrier orHB2900 Enrolled -82- LRB9202399JSpc 1addition to a subscriber's service.2(a) As used in this Section, "subscriber" means a3telecommunications carrier's retail business customer served4by not more than 20 lines or a retail residential customer,5and "telecommunications carrier" has the meaning given in6Section 13-202 of the Public Utilities Act, except that7"telecommunications carrier" does not include a provider of8commercial mobile radio services (as defined by 47 U.S.C.9332(d)(1)).10(b) A subscriber's presubscription of a primary exchange11or interexchange telecommunications carrier may not be12switched to another telecommunications carrier without the13subscriber's authorization.14(c) A telecommunications carrier shall not effectuate a15change to a subscriber's telecommunications services by16providing an additional telecommunications service that17results in an additional monthly charge to the subscriber18(herein referred to as an "additional telecommunications19service") without following the subscriber notification20procedures set forth in this Section. An "additional21telecommunications service" does not include making available22any additional telecommunications services on a subscriber's23line when the subscriber activates and pays for the services24on a per use basis.25(d) It is the responsibility of the company or carrier26requesting a change in a subscriber's telecommunications27carrier to obtain the subscriber's authorization for the28change whenever the company or carrier acts as a subscriber's29agent with respect to the change.30(e) A company or telecommunications carrier submitting a31change in a subscriber's primary exchange or interexchange32telecommunications carrier as described in subsection (d)33shall be solely responsible for providing written notice of34the change to the subscriber in accordance with this Section,HB2900 Enrolled -83- LRB9202399JSpc 1or for obtaining verification of the subscriber's assent to2the change in accordance with this Section. In addition, a3telecommunications carrier that provides any additional4telecommunications service to a subscriber shall be solely5responsible for providing written notice of the additional6telecommunications service to the subscriber in accordance7with this Section, or for obtaining verification of the8subscriber's assent to the additional telecommunications9service in accordance with this Section.10(1) If the company or telecommunications carrier11elects to provide written notice in accordance with this12Section, the notice shall be provided as follows:13(A) A letter to the subscriber must be mailed14using first class mail, postage prepaid, no later15than 10 days after the telecommunications carrier16submitting the change in the subscriber's primary17exchange or interexchange telecommunications carrier18is on notice that the change has occurred or no19later than 10 days after initiation of an additional20telecommunications service has occurred.21(B) The letter must be a separate document22sent for the sole purpose of describing the changes23or additions authorized by the subscriber.24(C) The letter must be printed with 10 point25or larger type and contain clear and plain language26that confirms the details of a change in the27presubscribed telecommunications carrier or of the28addition of the telecommunications service and29provides the subscriber with a toll free number to30call should the subscriber wish to cancel the change31or make additional changes.32(2) If the company or telecommunications carrier33elects to obtain verification in accordance with this34Section, verification shall be obtained as follows:HB2900 Enrolled -84- LRB9202399JSpc 1(A) Verification shall be obtained by an2independent third-party that:3(i) operates from a facility physically4separate from that of the telecommunications5carrier or company seeking the change or6addition of service;7(ii) is not directly or indirectly8managed, controlled, directed, or owned wholly9or in part by the telecommunications carrier or10company seeking the change or addition of11telecommunications services;12(iii) does not derive commissions or13compensation based upon the number of sales,14changes, or additions confirmed; and15(iv) shall retain records of the16confirmation of sales or changes for 24 months.17(B) The third-party verification agent shall18state to the subscriber, and shall obtain the19subscriber's acknowledgement to, the following20disclosures:21(i) the consumer's name, address, and the22telephone numbers of all telephone lines that23will be changed or to which additional24telecommunications services will be added;25(ii) the names of the telecommunications26carrier or company that is replacing the27previous presubscribed telecommunications28carrier or adding a telecommunications service29to the subscriber's account and, where30applicable, the name of the carriers being31replaced;32(iii) in cases where verification is33sought for the subscriber's presubscribed34telecommunications carrier, that for each lineHB2900 Enrolled -85- LRB9202399JSpc 1the subscriber can designate only one2presubscribed telecommunications carrier to3handle each of the subscriber's local, long4distance, or local toll service depending upon5which presubscribed telecommunications service6or services are being verified; and7(iv) the fact that a fee may be imposed8on the subscriber for the change of primary9exchange or interexchange telecommunications10carriers or that a monthly recurring fee may be11charged for the additional service, if that is12the case.13(C) The third-party verification agent shall14obtain verification no later than 3 days after the15carrier submitting a change in the subscriber's16primary exchange or interexchange telecommunications17carrier is on notice that the change has occurred or18no later than 3 days after initiation of an19additional telecommunications service has occurred.20(D) The telecommunications company or carrier21seeking to implement the change in service or22additional service may connect the subscriber to the23verification agent, provided that all of the24requirements for verification by a third party as25set forth in this Section are otherwise complied26with fully.27(3) The verification or notice requirements28described in this subsection shall apply to all changes29to a subscriber's presubscription of a primary exchange30or interexchange telecommunications carrier, whether the31change was initiated through an inbound call initiated by32the customer or outbound telemarketing. Where a33subscriber's telecommunications services are changed by34the provision of an additional telecommunicationsHB2900 Enrolled -86- LRB9202399JSpc 1service, the verification or notice requirements2described in this subsection shall apply if the change3was initiated through outbound telemarketing. Where a4subscriber's telecommunications services are changed by5the provision of an additional telecommunications service6and the change was initiated through inbound7telemarketing, the telecommunications carrier shall8comply with all rules or regulations promulgated by the9Federal Communications Commission.10(4) Verifications conducted or obtained in a manner11not in compliance with this Section or notice given in a12manner not in compliance with this Section shall be void13and without effect.14(f) The Commission shall promulgate any rules necessary15to ensure that the primary exchange or interexchange16telecommunications carrier of a subscriber is not changed to17another telecommunications carrier or that an additional18telecommunications service is not added without the19subscriber's authorization. The rules promulgated under this20Section shall comport with the rules, if any, promulgated by21the Attorney General pursuant to the Consumer Fraud and22Deceptive Business Practices Act and with any rules23promulgated by the Federal Communications Commission.24(g) Complaints may be filed with the Commission under25this Section by a subscriber whose primary exchange or26interexchange carrier has been changed to another27telecommunications carrier without authorization or who has28been provided an additional telecommunications service not29ordered by the subscriber, by a telecommunications carrier30that has been removed as a subscriber's primary exchange or31interexchange telecommunications carrier without32authorization, or by the Commission on its own motion. Upon33filing of the complaint, the parties may mutually agree to34submit the complaint to the Commission's establishedHB2900 Enrolled -87- LRB9202399JSpc 1mediation process. Remedies in the mediation process may2include, but shall not be limited to, the remedies set forth3in paragraphs (1) through (5) of this subsection. In its4discretion, the Commission may deny the availability of the5mediation process and submit the complaint to hearings. If6the complaint is not submitted to mediation or if no7agreement is reached during the mediation process, hearings8shall be held on the complaint pursuant to Article 10 of this9Act. If after notice and hearing, the Commission finds that10a telecommunications carrier has violated this Section or a11rule promulgated under this Section, the Commission may in12its discretion order any one or more of the following:13(1) In case of an unauthorized change in a14subscriber's primary exchange or interexchange15telecommunications carrier, require the violating16telecommunications carrier to refund to the subscriber17all fees and charges collected from the subscriber for18services up to the time the subscriber receives written19notice of the fact that the violating carrier is20providing telecommunications service to the subscriber.21For a carrier that elects to provide written notice of a22change in a subscriber's primary exchange or23interexchange carrier, notice consistent with paragraph24(1) of subsection (e) shall be deemed to be receipt of25notice by the subscriber for purposes of this paragraph.26For a carrier that elects to obtain verification of a27change in a subscriber's primary exchange or28interexchange carrier consistent with paragraph (2) of29subsection (e) of this Section, either the first30correspondence from the carrier that notifies the31customer of the change or the subscriber's first bill for32services, whichever is mailed first, shall be deemed to33be receipt of notice by the subscriber for purposes of34this paragraph. The Commission may order the remedialHB2900 Enrolled -88- LRB9202399JSpc 1action outlined in this subsection only to the extent2that the same remedial action is allowed pursuant to3rules or regulations promulgated by the Federal4Communications Commission.5(2) In case of an unauthorized change in the6primary exchange or interexchange telecommunications7carrier, require the violating telecommunications carrier8to refund to the subscriber charges collected in excess9of those that would have been charged by the subscriber's10chosen telecommunications carrier.11(3) In case of an unauthorized change in the12primary exchange or interexchange telecommunications13carrier, require the violating telecommunications carrier14to pay to the subscriber's chosen telecommunications15carrier the amount the chosen telecommunications carrier16would have collected for the telecommunications service.17The Commission is authorized to reduce this payment by18any amount already paid by the violating19telecommunications carrier to the subscriber's chosen20telecommunications carrier for those telecommunications21services.22(4) Require the violating telecommunications23carrier to pay a fine of up to $1,000 into the Public24Utility Fund for each repeated and intentional violation25of this Section.26(5) In the case of an unauthorized additional27telecommunications service, require the violating carrier28to refund or cancel all charges for telecommunications29services or products provided without a subscriber's30authorization.31(6) Issue a cease and desist order.32(7) For a pattern of violation of this Section or33for intentionally violating a cease and desist order,34revoke the violating telecommunications carrier'sHB2900 Enrolled -89- LRB9202399JSpc 1certificate of service authority.2 (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.) 3 (220 ILCS 5/13-903 new) 4 Sec. 13-903. Authorization, verification or 5 notification, and dispute resolution for covered product and 6 service charges on the telephone bill. 7 (a) Definitions. As used in this Section: 8 (1) "Subscriber" means a telecommunications 9 carrier's retail business customer served by not more 10 than 20 lines or a retail residential customer. 11 (2) "Telecommunications carrier" has the meaning 12 given in Section 13-202 of the Public Utilities Act and 13 includes agents and employees of a telecommunications 14 carrier, except that "telecommunications carrier" does 15 not include a provider of commercial mobile radio 16 services (as defined by 47 U.S.C. 332(d)(1)). 17 (b) Applicability of Section. This Section does not 18 apply to: 19 (1) changes in a subscriber's local exchange 20 telecommunications service or interexchange 21 telecommunications service; 22 (2) message telecommunications charges that are 23 initiated by dialing 1+, 0+, 0-, 1010XXX, or collect 24 calls and charges for video services if the service 25 provider has the necessary call detail record to 26 establish the billing for the call or service; and 27 (3) telecommunications services available on a 28 subscriber's line when the subscriber activates and pays 29 for the services on a per use basis. 30 (c) Requirements for billing authorized charges. A 31 telecommunications carrier shall meet all of the following 32 requirements before submitting charges for any product or 33 service to be billed on any subscriber's telephone bill: HB2900 Enrolled -90- LRB9202399JSpc 1 (1) Inform the subscriber. The telecommunications 2 carrier offering the product or service must thoroughly 3 inform the subscriber of the product or service being 4 offered, including all associated charges, and explicitly 5 inform the subscriber that the associated charges for the 6 product or service will appear on the subscriber's 7 telephone bill. 8 (2) Obtain subscriber authorization. The 9 subscriber must have clearly and explicitly consented to 10 obtaining the product or service offered and to having 11 the associated charges appear on the subscriber's 12 telephone bill. The consent must be verified by the 13 service provider in accordance with subsection (d) of 14 this Section. A record of the consent must be maintained 15 by the telecommunications carrier offering the product or 16 service for at least 24 months immediately after the 17 consent and verification were obtained. 18 (d) Verification or notification. Except in 19 subscriber-initiated transactions with a certificated 20 telecommunications carrier for which the telecommunications 21 carrier has the appropriate documentation, the 22 telecommunications carrier, after obtaining the subscriber's 23 authorization in the required manner, shall either verify the 24 authorization or notify the subscriber as follows: 25 (1) Independent third-party verification: 26 (A) Verification shall be obtained by an 27 independent third party that: 28 (i) operates from a facility physically 29 separate from that of the telecommunications 30 carrier; 31 (ii) is not directly or indirectly 32 managed, controlled, directed, or owned wholly 33 or in part by the telecommunications carrier or 34 the carrier's marketing agent; and HB2900 Enrolled -91- LRB9202399JSpc 1 (iii) does not derive commissions or 2 compensation based upon the number of sales 3 confirmed. 4 (B) The third-party verification agent shall 5 state, and shall obtain the subscriber's 6 acknowledgment of, the following disclosures: 7 (i) the subscriber's name, address, and 8 the telephone numbers of all telephone lines 9 that will be charged for the product or service 10 of the telecommunications carrier; 11 (ii) that the person speaking to the 12 third party verification agent is in fact the 13 subscriber; 14 (iii) that the subscriber wishes to 15 purchase the product or service of the 16 telecommunications carrier and is agreeing to 17 do so; 18 (iv) that the subscriber understands that 19 the charges for the product or service of the 20 telecommunications carrier will appear on the 21 subscriber's telephone bill; and 22 (v) the name and customer service 23 telephone number of the telecommunications 24 carrier. 25 (C) The telecommunications carrier shall 26 retain, electronically or otherwise, proof of the 27 verification of sales for a minimum of 24 months. 28 (2) Notification. Written notification shall be 29 provided as follows: 30 (A) the telecommunications carrier shall mail 31 a letter to the subscriber using first class mail, 32 postage prepaid, no later than 10 days after 33 initiation of the product or service; 34 (B) the letter shall be a separate document HB2900 Enrolled -92- LRB9202399JSpc 1 sent for the sole purpose of describing the product 2 or service of the telecommunications carrier; 3 (C) the letter shall be printed with 10-point 4 or larger type and clearly and conspicuously 5 disclose the material terms and conditions of the 6 offer of the telecommunications carrier, as 7 described in paragraph (1) of subsection (c); 8 (D) the letter shall contain a toll-free 9 telephone number the subscriber can call to cancel 10 the product or service; 11 (E) the telecommunications carrier shall 12 retain, electronically or otherwise, proof of 13 written notification for a minimum of 24 months; and 14 (F) written notification can be provided via 15 electronic mail if consumers are given the 16 disclosures required by Section 101(c) of the 17 Electronic Signatures in Global and National 18 Commerce Act. 19 (e) Unauthorized charges. 20 (1) Responsibilities of the billing 21 telecommunications carrier for unauthorized charges. If 22 a subscriber's telephone bill is charged for any product 23 or service without proper subscriber authorization and 24 verification or notification of authorization in 25 compliance with this Section, the telecommunications 26 carrier that billed the subscriber, on its knowledge or 27 notification of any unauthorized charge, shall promptly, 28 but not later than 45 days after the date of the 29 knowledge or notification of an unauthorized charge: 30 (A) notify the product or service provider to 31 immediately cease charging the subscriber for the 32 unauthorized product or service; 33 (B) remove the unauthorized charge from the 34 subscriber's bill; and HB2900 Enrolled -93- LRB9202399JSpc 1 (C) refund or credit to the subscriber all 2 money that the subscriber has paid for any 3 unauthorized charge. 4 (f) The Commission shall promulgate any rules necessary 5 to ensure that subscribers are not billed on the telephone 6 bill for products or services in a manner not in compliance 7 with this Section. The rules promulgated under this Section 8 shall comport with the rules, if any, promulgated by the 9 Attorney General pursuant to the Consumer Fraud and Deceptive 10 Business Practices Act and with any rules promulgated by the 11 Federal Communications Commission or Federal Trade 12 Commission. 13 (g) Complaints may be filed with the Commission under 14 this Section by a subscriber who has been billed on the 15 telephone bill for products or services not in compliance 16 with this Section or by the Commission on its own motion. 17 Upon filing of the complaint, the parties may mutually agree 18 to submit the complaint to the Commission's established 19 mediation process. Remedies in the mediation process may 20 include, but shall not be limited to, the remedies set forth 21 in paragraphs (1) through (4) of this subsection. In its 22 discretion, the Commission may deny the availability of the 23 mediation process and submit the complaint to hearings. If 24 the complaint is not submitted to mediation or if no 25 agreement is reached during the mediation process, hearings 26 shall be held on the complaint pursuant to Article 10 of this 27 Act. If after notice and hearing, the Commission finds that 28 a telecommunications carrier has violated this Section or a 29 rule promulgated under this Section, the Commission may in 30 its discretion order any one or more of the following: 31 (1) Require the violating telecommunications 32 carrier to pay a fine of up to $1,000 into the Public 33 Utility Fund for each repeated and intentional violation 34 of this Section. HB2900 Enrolled -94- LRB9202399JSpc 1 (2) Require the violating carrier to refund or 2 cancel all charges for products or services not billed in 3 compliance with this Section. 4 (3) Issue a cease and desist order. 5 (4) For a pattern of violation of this Section or 6 for intentionally violating a cease and desist order, 7 revoke the violating telecommunications carrier's 8 certificate of service authority. 9 (220 ILCS 5/13-1200 new) 10 Sec. 13-1200. Repealer. This Article is repealed July 11 1, 2005. 12 (220 ILCS 5/13-803 rep.) 13 Section 25. The Public Utilities Act is amended by 14 repealing Section 13-803. 15 Section 30. The Consumer Fraud and Deceptive Business 16 Practices Act is amended by changing Section 2DD as 17 follows: 18 (815 ILCS 505/2DD) 19 Sec. 2DD. Telecommunication service provider selection. 20 A telecommunication carrier shall not submit or execute a 21 change in a subscriber's selection of a provider of local 22 exchange telecommunications service or interexchange 23 telecommunications service or offer or provide a product or 24 service to be billed on the telephone bill as provided in 25 Sections 13-902 and 13-903any additional telecommunications26service as defined in Section 13-902of the Public Utilities 27 Act except in accordance with (i) the verification procedures 28 adopted by the Federal Communications Commission under the 29 Communications Act of 1996, including subpart K of 47 CFR 64, 30 as those procedures are from time to time amended, and (ii) HB2900 Enrolled -95- LRB9202399JSpc 1 Sections 13-902 and 13-903Section 13-902of the Public 2 Utilities Act and any rules adopted by the Illinois Commerce 3 Commission under the authority of that Section as those rules 4 are from time to time amended. A telecommunications carrier 5 that violates this Section commits an unlawful practice 6 within the meaning of this Act. 7 (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.) 8 Section 99. Effective date. This Act takes effect June 9 30, 2001.