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92_SB0010ham001 LRB9201430LDcsam01 1 AMENDMENT TO SENATE BILL 10 2 AMENDMENT NO. . Amend Senate Bill 10 by replacing 3 everything after the enacting clause with the following: 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 -2- LRB9201430LDcsam01 1 sell, or markets electric power, generation, distribution, 2 transmission, or services (including metering and billing) in 3 connection therewith. Electric service providers shall 4 include any electric utility and any alternative retail 5 electric supplier as defined in Section 16-102 of the Public 6 Utilities Act. 7 (b-5) As used in this Section: "Telecommunications 8 services" means services sold by a telecommunications 9 carrier, as provided for in Section 13-203 of the Public 10 Utilities Act. "Telecommunications carrier" means anyone who 11 sells, contracts to sell, or markets telecommunications 12 services, whether noncompetitive or competitive, including 13 access services, interconnection services, or any services in 14 connection therewith. Telecommunications carriers include 15 any carrier as defined in Section 13-202 of the Public 16 Utilities Act. 17 (c) There is created within the Office of the Attorney 18 General a Consumer Utilities Unit, consisting of Assistant 19 Attorneys General appointed by the Attorney General, who, 20 together with such other staff as is deemed necessary by the 21 Attorney General, shall have the power and duty on behalf of 22 the people of the State to intervene in, initiate, enforce, 23 and defend all legal proceedings on matters relating to the 24 provision, marketing, and sale of electric and 25 telecommunications service whenever the Attorney General 26 determines that such action is necessary to promote or 27 protect the rights and interest of all Illinois citizens, 28 classes of customers, and users of electric and 29 telecommunications services. 30 (d) In addition to the investigative and enforcement 31 powers available to the Attorney General, including without 32 limitation those under the Consumer Fraud and Deceptive 33 Business Practices Act and the Illinois Antitrust Act, the 34 Attorney General shall be a party as a matter of right to all -3- LRB9201430LDcsam01 1 proceedings, investigations, and related matters involving 2 the provision of electric services and to those proceedings, 3 investigations, and related matters involving the provision 4 of telecommunications services before the Illinois Commerce 5 Commission and shall, upon request, have access to and the 6 use of all files, records, data, and documents in the 7 possession or control of the Commission, which material the 8 Attorney General's office shall maintain as confidential, to 9 be used for law enforcement purposes only, which material may 10 be shared with other law enforcement officials. Nothing in 11 this Section is intended to take away or limit any of the 12 powers the Attorney General has pursuant to common law or 13 other statutory law. 14 (Source: P.A. 90-561, eff. 12-16-97.) 15 Section 10. The State Finance Act is amended by adding 16 Sections 5.545 and 5.546 as follows: 17 (30 ILCS 105/5.545 new) 18 Sec. 5.545. The Digital Divide Elimination Fund. 19 (30 ILCS 105/5.546 new) 20 Sec. 5.546. The Digital Divide Elimination 21 Infrastructure Fund. 22 Section 15. The Eliminate the Digital Divide Law is 23 amended by changing Section 5-30 and adding Section 5-20 as 24 follows: 25 (30 ILCS 780/5-20 new) 26 Sec. 5-20. Digital Divide Elimination Fund. The Digital 27 Divide Elimination Fund is created as a special fund in the 28 State treasury. All moneys in the Fund shall be used, subject 29 to appropriation by the General Assembly, by the Department -4- LRB9201430LDcsam01 1 for grants made under Section 5-30 of this Act. 2 (30 ILCS 780/5-30) 3 Sec. 5-30. Community TechnologyCenterGrant Program. 4 (a) Subject to appropriation, the Department shall 5 administer the Community Technology Center Grant Program 6 under which the Department shall make grants in accordance 7 with this Article for planning, establishment, 8 administration, and expansion of Community Technology Centers 9 and for assisting public hospitals, libraries, and park 10 districts in eliminating the digital divide. The purposes of 11 the grants shall include, but not be limited to, volunteer 12 recruitment and management, training and instruction, 13 infrastructure, and related goods and services for Community 14 Technology Centers and public hospitals, libraries, and park 15 districts. The total amount of grants under this Section in 16 fiscal year 2001 shall not exceed $2,000,000, except that 17 this limit on grants shall not apply to grants funded by 18 appropriations from the Digital Divide Elimination Fund. No 19 Community Technology Center may receive a grant of more than 20 $50,000 under this Section in a particular fiscal year. 21 (b) Public hospitals, libraries, park districts, and 22 State educational agencies, local educational agencies, 23 institutions of higher education, and other public and 24 private nonprofit or for-profit agencies and organizations 25 are eligible to receive grants under this Program, provided 26 that a local educational agency or public or private 27 educational agency or organization must, in order to be 28 eligible to receive grants under this Program, provide 29 computer access and educational services using information 30 technology to the public at one or more of its educational 31 buildings or facilities at least 12 hours each week. A group 32 of eligible entities is also eligible to receive a grant if 33 the group follows the procedures for group applications in 34 -5- LRB9201430LDcsam01 1 CFR 75.127-129 of the Education Department General 2 Administrative Regulations. 3 To be eligible to apply for a grant, a Community 4 Technology Center, public hospital, library, or park district 5 must serve a community in which not less than 40%50%of the 6 students are eligible for a free or reduced price lunch 7 under the national school lunch program or in which not less 8 than 30%40%of the students are eligible for a free lunch 9 under the national school lunch program; however, if funding 10 is insufficient to approve all grant applications for a 11 particular fiscal year, the Department may impose a higher 12 minimum percentage threshold for that fiscal year. 13 Determinations of communities and determinations of the 14 percentage of students in a community who are eligible for a 15 free or reduced price lunch under the national school lunch 16 program shall be in accordance with rules adopted by the 17 Department. 18 Any entities that have received a Community Technology 19 Center grant under the federal Community Technology Centers 20 Program are also eligible to apply for grants under this 21 Program. 22 The Department shall provide assistance to Community 23 Technology Centers in making those determinations for 24 purposes of applying for grants. 25 (c) Grant applications shall be submitted to the 26 Department not later than March 15 for the next fiscal year. 27 (d) The Department shall adopt rules setting forth the 28 required form and contents of grant applications. 29 (e) There is created the Digital Divide Elimination 30 Advisory Committee. The advisory committee shall consist of 31 5 members appointed one each by the Governor, the President 32 of the Senate, the Senate Minority Leader, the Speaker of the 33 House, and the House Minority Leader. The members of the 34 advisory committee shall receive no compensation for their -6- LRB9201430LDcsam01 1 services as members of the advisory committee but may be 2 reimbursed for their actual expenses incurred in serving on 3 the advisory committee. The Digital Divide Elimination 4 Advisory Committee shall advise the Department in 5 establishing criteria and priorities for identifying 6 recipients of grants under this Act. The advisory committee 7 shall obtain advice from the technology industry regarding 8 current technological standards. The advisory committee 9 shall seek any available federal funding. 10 (Source: P.A. 91-704, eff. 7-1-00.) 11 Section 20. The Public Utilities Act is amended by 12 changing Sections 1-102, 2-101, 2-202, 8-101, 9-230, 13-101, 13 13-301.1, 13-407, 13-501, 13-502, 13-509, 13-514, 13-515, 14 13-516, 13-801, and 13-902 and adding Sections 10-101.1, 15 13-202.5, 13-216, 13-217, 13-218, 13-219, 13-220, 13-301.2, 16 13-301.3, 13-303, 13-303.5, 13-304, 13-305, 13-502.5, 13-517, 17 13-518, 13-712, 13-713, 13-903, and 13-1200 as follows: 18 (220 ILCS 5/1-102) (from Ch. 111 2/3, par. 1-102) 19 Sec. 1-102. Findings and Intent. The General Assembly 20 finds that the health, welfare and prosperity of all Illinois 21 citizens require the provision of adequate, efficient, 22 reliable, environmentally safe and least-cost public utility 23 services at prices which accurately reflect the long-term 24 cost of such services and which are equitable to all 25 citizens. It is therefore declared to be the policy of the 26 State that public utilities shall continue to be regulated 27 effectively and comprehensively. It is further declared that 28 the goals and objectives of such regulation shall be to 29 ensure 30 (a) Efficiency: the provision of reliable energy 31 services at the least possible cost to the citizens of 32 the State; in such manner that: -7- LRB9201430LDcsam01 1 (i) physical, human and financial resources 2 are allocated efficiently; 3 (ii) all supply and demand options are 4 considered and evaluated using comparable terms and 5 methods in order to determine how utilities shall 6 meet their customers' demands for public utility 7 services at the least cost; 8 (iii) utilities are allowed a sufficient 9 return on investment so as to enable them to attract 10 capital in financial markets at competitive rates; 11 (iv) tariff rates for the sale of various 12 public utility services are authorized such that 13 they accurately reflect the cost of delivering those 14 services and allow utilities to recover the total 15 costs prudently and reasonably incurred; 16 (v) variation in costs by customer class and 17 time of use is taken into consideration in 18 authorizing rates for each class. 19 (b) Environmental Quality: the protection of the 20 environment from the adverse external costs of public 21 utility services so that 22 (i) environmental costs of proposed actions 23 having a significant impact on the environment and 24 the environmental impact of the alternatives are 25 identified, documented and considered in the 26 regulatory process; 27 (ii) the prudently and reasonably incurred 28 costs of environmental controls are recovered. 29 (c) Reliability: the ability of utilities to 30 provide consumers with public utility services under 31 varying demand conditions in such manner that suppliers 32 of public utility services are able to provide service at 33 varying levels of economic reliability giving appropriate 34 consideration to the costs likely to be incurred as a -8- LRB9201430LDcsam01 1 result of service interruptions, and to the costs of 2 increasing or maintaining current levels of reliability 3 consistent with commitments to consumers. 4 (d) Equity: the fair treatment of consumers and 5 investors in order that 6 (i) the public health, safety and welfare 7 shall be protected; 8 (ii) the application of rates is based on 9 public understandability and acceptance of the 10 reasonableness of the rate structure and level; 11 (iii) the cost of supplying public utility 12 services is allocated to those who cause the costs 13 to be incurred; 14 (iv) if factors other than cost of service are 15 considered in regulatory decisions, the rationale 16 for these actions is set forth; 17 (v) regulation allows for orderly transition 18 periods to accommodate changes in public utility 19 service markets; 20 (vi) regulation does not result in undue or 21 sustained adverse impact on utility earnings; 22 (vii) the impacts of regulatory actions on all 23 sectors of the State are carefully weighed; 24 (viii) the rates for utility services are 25 affordable and therefore preserve the availability 26 of such services to all citizens. 27 It is further declared to be the policy of the State that 28 this Act shall not apply in relation to motor carriers and 29 rail carriers as defined in the Illinois Commercial 30 Transportation Law, or to the Commission in the regulation of 31 such carriers. 32 Nothing in this Act shall be construed to limit, 33 restrict, or mitigate in any way the power and authority of 34 the State's Attorneys or the Attorney General under the -9- LRB9201430LDcsam01 1 Consumer Fraud and Deceptive Business Practices Act. 2 (Source: P.A. 89-42, eff. 1-1-96.) 3 (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101) 4 Sec. 2-101. Commerce Commission created. There is 5 created an Illinois Commerce Commission consisting of 5 6 members not more than 3 of whom shall be members of the same 7 political party at the time of appointment. The Governor 8 shall appoint the members of such Commission by and with the 9 advice and consent of the Senate. In case of a vacancy in 10 such office during the recess of the Senate the Governor 11 shall make a temporary appointment until the next meeting of 12 the Senate, when he shall nominate some person to fill such 13 office; and any person so nominated who is confirmed by the 14 Senate, shall hold his office during the remainder of the 15 term and until his successor shall be appointed and 16 qualified. Each member of the Commission shall hold office 17 for a term of 5 years from the third Monday in January of the 18 year in which his predecessor's term expires. 19 Notwithstanding any provision of this Section to the 20 contrary, the term of office of each member of the Commission 21 is terminated on the effective date of this amendatory Act of 22 1995, but the incumbent members shall continue to exercise 23 all of the powers and be subject to all of the duties of 24 members of the Commission until their respective successors 25 are appointed and qualified. Of the members initially 26 appointed under the provisions of this amendatory Act of 27 1995, one member shall be appointed for a term of office 28 which shall expire on the third Monday of January, 1997; 2 29 members shall be appointed for terms of office which shall 30 expire on the third Monday of January, 1998; one member shall 31 be appointed for a term of office which shall expire on the 32 third Monday of January, 1999; and one member shall be 33 appointed for a term of office which shall expire on the -10- LRB9201430LDcsam01 1 third Monday of January, 2000. Each respective successor 2 shall be appointed for a term of 5 years from the third 3 Monday of January of the year in which his predecessor's term 4 expires in accordance with the provisions of the first 5 paragraph of this Section. 6 Each member shall serve until his successor is appointed 7 and qualified, except that if the Senate refuses to consent 8 to the appointment of any member, such office shall be 9 deemed vacant, and within 2 weeks of the date the Senate 10 refuses to consent to the reappointment of any member, such 11 member shall vacate such office. The Governor shall from time 12 to time designate the member of the Commission who shall be 13 its chairman. Consistent with the provisions of this Act, the 14 Chairman shall be the chief executive officer of the 15 Commission for the purpose of ensuring that the Commission's 16 policies are properly executed. 17 If there is no vacancy on the Commission, 4 members of 18 the Commission shall constitute a quorum to transact 19 business; otherwise, a majority of the Commission shall 20 constitute a quorum to transact business, andbutno vacancy 21 shall impair the right of the remaining commissioners to 22 exercise all of the powers of the Commission.; andEvery 23 finding, order, or decision approved by a majority of the 24 members of the Commission shall be deemed to be the finding, 25 order, or decision of the Commission. 26 (Source: P.A. 89-429, eff. 12-15-95.) 27 (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202) 28 Sec. 2-202. Policy; Public Utility Fund; tax. 29 (a) It is declared to be the public policy of this State 30 that in order to maintain and foster the effective regulation 31 of public utilities under this Act in the interests of the 32 People of the State of Illinois and the public utilities as 33 well, the public utilities subject to regulation under this -11- LRB9201430LDcsam01 1 Act and which enjoy the privilege of operating as public 2 utilities in this State, shall bear the expense of 3 administering this Act by means of a tax on such privilege 4 measured by the annual gross revenue of such public utilities 5 in the manner provided in this Section. For purposes of this 6 Section, "expense of administering this Act" includes any 7 costs incident to studies, whether made by the Commission or 8 under contract entered into by the Commission, concerning 9 environmental pollution problems caused or contributed to by 10 public utilities and the means for eliminating or abating 11 those problems. Such proceeds shall be deposited in the 12 Public Utility Fund in the State treasury. 13 (b) All of the ordinary and contingent expenses of the 14 Commission incident to the administration of this Act shall 15 be paid out of the Public Utility Fund except the 16 compensation of the members of the Commission which shall be 17 paid from the General Revenue Fund. Notwithstanding other 18 provisions of this Act to the contrary, the ordinary and 19 contingent expenses of the Commission incident to the 20 administration of the Illinois Commercial Transportation Law 21 may be paid from appropriations from the Public Utility Fund 22 through the end of fiscal year 1986. 23 (c) A tax is imposed upon each public utility subject to 24 the provisions of this Act equal to .08% of its gross revenue 25 for each calendar year commencing with the calendar year 26 beginning January 1, 1982, except that the Commission may, by 27 rule, establish a different rate no greater than 0.1%. For 28 purposes of this Section, "gross revenue" shall not include 29 revenue from the production, transmission, distribution, 30 sale, delivery, or furnishing of electricity. "Gross revenue" 31 shall not include amounts paid by telecommunications 32 retailers under the Telecommunications Municipal 33 Infrastructure Maintenance Fee Act. 34 (d) Annual gross revenue returns shall be filed in -12- LRB9201430LDcsam01 1 accordance with paragraph (1) or (2) of this subsection (d). 2 (1) Except as provided in paragraph (2) of this 3 subsection (d), on or before January 10 of each year each 4 public utility subject to the provisions of this Act 5 shall file with the Commission an estimated annual gross 6 revenue return containing an estimate of the amount of 7 its gross revenue for the calendar year commencing 8 January 1 of said year and a statement of the amount of 9 tax due for said calendar year on the basis of that 10 estimate. Public utilities may also file revised returns 11 containing updated estimates and updated amounts of tax 12 due during the calendar year. These revised returns, if 13 filed, shall form the basis for quarterly payments due 14 during the remainder of the calendar year. In addition, 15 on or before March 31February 15of each year, each 16 public utility shall file an amended return showing the 17 actual amount of gross revenues shown by the company's 18 books and records as of December 31 of the previous year. 19 Forms and instructions for such estimated, revised, and 20 amended returns shall be devised and supplied by the 21 Commission. 22 (2) Beginning with returns due after January 1, 23 20021993, the requirements of paragraph (1) of this 24 subsection (d) shall not apply to any public utility in 25 any calendar year for which the total tax the public 26 utility owes under this Section is less than $10,000 27$1,000. For such public utilities with respect to such 28 years, the public utility shall file with the Commission, 29 on or before MarchJanuary31 of the following year, an 30 annual gross revenue return for the year and a statement 31 of the amount of tax due for that year on the basis of 32 such a return. Forms and instructions for such returns 33 and corrected returns shall be devised and supplied by 34 the Commission. -13- LRB9201430LDcsam01 1 (e) All returns submitted to the Commission by a public 2 utility as provided in this subsection (e) or subsection (d) 3 of this Section shall contain or be verified by a written 4 declaration by an appropriate officer of the public utility 5 that the return is made under the penalties of perjury. The 6 Commission may audit each such return submitted and may, 7 under the provisions of Section 5-101 of this Act, take such 8 measures as are necessary to ascertain the correctness of the 9 returns submitted. The Commission has the power to direct the 10 filing of a corrected return by any utility which has filed 11 an incorrect return and to direct the filing of a return by 12 any utility which has failed to submit a return. A 13 taxpayer's signing a fraudulent return under this Section is 14 perjury, as defined in Section 32-2 of the Criminal Code of 15 1961. 16 (f) (1) For all public utilities subject to paragraph 17 (1) of subsection (d), at least one quarter of the annual 18 amount of tax due under subsection (c) shall be paid to the 19 Commission on or before the tenth day of January, April, 20 July, and October of the calendar year subject to tax. In 21 the event that an adjustment in the amount of tax due should 22 be necessary as a result of the filing of an amended or 23 corrected return under subsection (d) or subsection (e) of 24 this Section, the amount of any deficiency shall be paid by 25 the public utility together with the amended or corrected 26 return and the amount of any excess shall, after the filing 27 of a claim for credit by the public utility, be returned to 28 the public utility in the form of a credit memorandum in the 29 amount of such excess or be refunded to the public utility in 30 accordance with the provisions of subsection (k) of this 31 Section. However, if such deficiency or excess is less than 32 $1, then the public utility need not pay the deficiency and 33 may not claim a credit. 34 (2) Any public utility subject to paragraph (2) of -14- LRB9201430LDcsam01 1 subsection (d) shall pay the amount of tax due under 2 subsection (c) on or before MarchJanuary31 next following 3 the end of the calendar year subject to tax. In the event 4 that an adjustment in the amount of tax due should be 5 necessary as a result of the filing of a corrected return 6 under subsection (e), the amount of any deficiency shall be 7 paid by the public utility at the time the corrected return 8 is filed. Any excess tax payment by the public utility shall 9 be returned to it after the filing of a claim for credit, in 10 the form of a credit memorandum in the amount of the excess. 11 However, if such deficiency or excess is less than $1, the 12 public utility need not pay the deficiency and may not claim 13 a credit. 14 (g) Each installment or required payment of the tax 15 imposed by subsection (c) becomes delinquent at midnight of 16 the date that it is due. Failure to make a payment as 17 required by this Section shall result in the imposition of a 18 late payment penalty, an underestimation penalty, or both, as 19 provided by this subsection. The late payment penalty shall 20 be the greater of: 21 (1) $25 for each month or portion of a month that 22 the installment or required payment is unpaid or 23 (2) an amount equal to the difference between what 24 should have been paid on the due date, based upon the 25 most recently filed estimated, annual, or amended return 26estimate, and what was actually paid, times 1%, for each 27 month or portion of a month that the installment or 28 required payment goes unpaid. This penalty may be 29 assessed as soon as the installment or required payment 30 becomes delinquent. 31 The underestimation penalty shall apply to those public 32 utilities subject to paragraph (1) of subsection (d) and 33 shall be calculated after the filing of the amended return. 34 It shall be imposed if the amount actually paid on any of the -15- LRB9201430LDcsam01 1 dates specified in subsection (f) is not equal to at least 2 one-fourth of the amount actually due for the year, and shall 3 equal the greater of: 4 (1) $25 for each month or portion of a month that 5 the amount due is unpaid or 6 (2) an amount equal to the difference between what 7 should have been paid, based on the amended return, and 8 what was actually paid as of the date specified in 9 subsection (f), times a percentage equal to 1/12 of the 10 sum of 10% and the percentage most recently established 11 by the Commission for interest to be paid on customer 12 deposits under 83 Ill. Adm. Code 280.70(e)(1), for each 13 month or portion of a month that the amount due goes 14 unpaid, except that no underestimation penalty shall be 15 assessed if the amount actually paid on or before each of 16 the dates specified in subsection (f) was based on an 17 estimate of gross revenues at least equal to the actual 18 gross revenues for the previous year. The Commission may 19 enforce the collection of any delinquent installment or 20 payment, or portion thereof by legal action or in any 21 other manner by which the collection of debts due the 22 State of Illinois may be enforced under the laws of this 23 State. The executive director or his designee may excuse 24 the payment of an assessed penalty or a portion of an 25 assessed penalty if he determines that enforced 26 collection of the penalty as assessed would be unjust. 27 (h) All sums collected by the Commission under the 28 provisions of this Section shall be paid promptly after the 29 receipt of the same, accompanied by a detailed statement 30 thereof, into the Public Utility Fund in the State treasury. 31 (i) During the month of October of each odd-numbered 32 year the Commission shall: 33 (1) determine the amount of all moneys deposited in 34 the Public Utility Fund during the preceding fiscal -16- LRB9201430LDcsam01 1 biennium plus the balance, if any, in that fund at the 2 beginning of that biennium; 3 (2) determine the sum total of the following items: 4 (A) all moneys expended or obligated against 5 appropriations made from the Public Utility Fund during 6 the preceding fiscal biennium, plus (B) the sum of the 7 credit memoranda then outstanding against the Public 8 Utility Fund, if any; and 9 (3) determine the amount, if any, by which the sum 10 determined as provided in item (1) exceeds the amount 11 determined as provided in item (2). 12 If the amount determined as provided in item (3) of this 13 subsection exceeds $5,000,000$2,500,000, the Commission 14 shall then compute the proportionate amount, if any, which 15 (x) the tax paid hereunder by each utility during the 16 preceding biennium, and (y) the amount paid into the Public 17 Utility Fund during the preceding biennium by the Department 18 of Revenue pursuant to Sections 2-9 and 2-11 of the 19 Electricity Excise Tax Law, bears to the difference between 20 the amount determined as provided in item (3) of this 21 subsection (i) and $5,000,000$2,500,000. The Commission 22 shall cause the proportionate amount determined with respect 23 to payments made under the Electricity Excise Tax Law to be 24 transferred into the General Revenue Fund in the State 25 Treasury, and notify each public utility that it may file 26 during the 3 month period after the date of notification a 27 claim for credit for the proportionate amount determined with 28 respect to payments made hereunder by the public utility. If 29 the proportionate amount is less than $10, no notification 30 will be sent by the Commission, and no right to a claim 31 exists as to that amount. Upon the filing of a claim for 32 credit within the period provided, the Commission shall issue 33 a credit memorandum in such amount to such public utility. 34 Any claim for credit filed after the period provided for in -17- LRB9201430LDcsam01 1 this Section is void. 2 (j) Credit memoranda issued pursuant to subsection (f) 3 and credit memoranda issued after notification and filing 4 pursuant to subsection (i) may be applied for the 2 year 5 period from the date of issuance, against the payment of any 6 amount due during that period under the tax imposed by 7 subsection (c), or, subject to reasonable rule of the 8 Commission including requirement of notification, may be 9 assigned to any other public utility subject to regulation 10 under this Act. Any application of credit memoranda after the 11 period provided for in this Section is void. 12 (k) The chairman or executive director may make refund 13 of fees, taxes or other charges whenever he shall determine 14 that the person or public utility will not be liable for 15 payment of such fees, taxes or charges during the next 24 16 months and he determines that the issuance of a credit 17 memorandum would be unjust. 18 (Source: P.A. 90-561, eff. 8-1-98; 90-562, 12-16-97; 90-655, 19 eff. 7-30-98.) 20 (220 ILCS 5/8-101) (from Ch. 111 2/3, par. 8-101) 21 Sec. 8-101. Duties of public utilities; 22 nondiscrimination. AEverypublic utility shall furnish, 23 provide, and maintain such service instrumentalities, 24 equipment, and facilities as shall promote the safety, 25 health, comfort, and convenience of its patrons, employees, 26 and public and as shall be in all respects adequate, 27 efficient, just, and reasonable. 28 All rules and regulations made by a public utility 29 affecting or pertaining to its charges or service to the 30 public shall be just and reasonable. 31 AEverypublic utility shall, upon reasonable notice, 32 furnish to all persons who may apply therefor and be 33 reasonably entitled thereto, suitable facilities and service, -18- LRB9201430LDcsam01 1 without discrimination and without delay. 2 Nothing in this Section shall be construed to prevent a 3 public utility from accepting payment electronically or by 4 the use of a customer-preferred financially accredited credit 5 or debit methodology. 6 (Source: P.A. 84-617.) 7 (220 ILCS 5/9-230) (from Ch. 111 2/3, par. 9-230) 8 Sec. 9-230. Rate of return; financial involvement with 9 nonutility or unregulated companies. In determining a 10 reasonable rate of return upon investment for any public 11 utility in any proceeding to establish rates or charges, the 12 Commission shall not include any (i) incremental risk, (ii) 13orincreased cost of capital, or (iii) after May 31, 2003, 14 revenue or expense attributed to telephone directory 15 operations, which is the direct or indirect result of the 16 public utility's affiliation with unregulated or nonutility 17 companies. 18 (Source: P.A. 84-617.) 19 (220 ILCS 5/10-101.1 new) 20 Sec. 10-101.1. Mediation; arbitration; case management. 21 (a) It is the intent of the General Assembly that 22 proceedings before the Commission shall be concluded as 23 expeditiously as is possible consistent with the right of the 24 parties to the due process of law and protection of the 25 public interest. It is further the intent of the General 26 Assembly to permit and encourage voluntary mediation and 27 voluntary binding arbitration of disputes arising under this 28 Act. 29 (b) Nothing in this Act shall prevent parties to 30 contested cases brought before the Commission from resolving 31 those cases, or other disputes arising under this Act, in 32 part or in their entirety, by agreement of all parties, by -19- LRB9201430LDcsam01 1 compromise and settlement, or by voluntary mediation; 2 provided, however, that nothing in this Section shall limit 3 the Commission's authority to conduct such investigations and 4 enter such orders as it shall deem necessary to enforce the 5 provisions of this Act or otherwise protect the public 6 interest. Evidence of conduct or statements made by a party 7 in furtherance of voluntary mediation or in compromise 8 negotiations is not admissible as evidence should the matter 9 subsequently be heard by the Commission; provided, however 10 that evidence otherwise discoverable is not excluded or 11 deemed inadmissible merely because it is presented in the 12 course of voluntary mediation or compromise negotiations. No 13 civil penalty shall be imposed upon parties that reach an 14 agreement pursuant to the mediation procedures in this 15 Section. 16 (c) The Commission shall prescribe by rule such 17 procedures and facilities as are necessary to permit parties 18 to resolve disputes through voluntary mediation prior to the 19 filing of, or at any point during, the pendency of a 20 contested matter. Parties to disputes arising under this Act 21 are encouraged to submit disputes to the Commission for 22 voluntary mediation, which shall not be binding upon the 23 parties. Submission of a dispute to voluntary mediation shall 24 not compromise the right of any party to bring action under 25 this Act. 26 (d) In any contested case before the Commission, at the 27 Commission's or hearing examiner's direction or on motion of 28 any party, a case management conference may be held at such 29 time in the proceeding prior to evidentiary hearing as the 30 hearing examiner deems proper. Prior to the conference, when 31 directed to do so, all parties shall file a case management 32 memorandum that addresses items (1) through (9) as directed 33 by the hearing examiner. At the conference, the following 34 shall be considered: -20- LRB9201430LDcsam01 1 (1) the identification and simplification of the 2 issues; provided, however, that the identification of 3 issues by a party shall not foreclose that party from 4 raising such other meritorious issues as that party might 5 subsequently identify; 6 (2) amendments to the pleadings; 7 (3) the possibility of obtaining admissions of fact 8 and of documents which will avoid unnecessary proof; 9 (4) limitations on discovery including: 10 (A) the area of expertise and the number of 11 witnesses who will likely be called; provided, 12 however, that the identification of witnesses by a 13 party shall not foreclose that party from producing 14 such other witnesses as that party might 15 subsequently identify; and 16 (B) schedules for responses to and completion 17 of discovery; provided, however, that such responses 18 shall under no circumstances be provided later than 19 28 days after such discovery or requests are served, 20 unless the hearing examiner shall order or the 21 parties agree to some other time period for 22 response; 23 (5) the possibility of settlement and scheduling of 24 a settlement conference; 25 (6) the advisability of alternative dispute 26 resolution including, but not limited to, mediation or 27 arbitration; 28 (7) the date on which the matter should be ready 29 for evidentiary hearing and the likely duration of the 30 hearing; 31 (8) the advisability of holding subsequent case 32 management conferences; and 33 (9) any other matters that may aid in the 34 disposition of the action. -21- LRB9201430LDcsam01 1 (e) The Commission is hereby authorized, if requested by 2 all parties to any complaint brought under this Act, to 3 arbitrate the complaint and to enter a binding arbitration 4 award disposing of the complaint. The Commission shall 5 prescribe by rule procedures for arbitration. 6 (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101) 7 (Section scheduled to be repealed on July 1, 2001) 8 Sec. 13-101. Except to the extent modified or 9 supplemented by the specific provisions of this Article, the 10 Sections of this Act pertaining to public utilities, public 11 utility rates and services, and the regulation thereof, are 12 fully and equally applicable to noncompetitive 13 telecommunications rates and services, and the regulation 14 thereof, except where the context clearly renders such 15 provisions inapplicable. Except to the extent modified or 16 supplemented by the specific provisions of this Article, 17 Articles I through V, Sections 8-301, 8-501, 8-505, 9-221, 18 9-222, 9-222.1, 9-222.2, 9-250, 9-252, and 9-252.1, and 19 Articles X and XI of this Act are fully and equally 20 applicable to competitive telecommunications rates and 21 services, and the regulation thereof; in addition, as to 22 competitive telecommunications rates and services, and the 23 regulation thereof, all rules and regulations made by a 24 telecommunications carrier affecting or pertaining to its 25 charges or service to the public shall be just and 26 reasonable, provided that nothing in this Section shall be 27 construed to prevent a telecommunications carrier from 28 accepting payment electronically or by the use of a 29 customer-preferred financially accredited credit or debit 30 methodology. As of the effective date of this amendatory Act 31 of the 92nd General Assembly, Sections 4-202, 4-203, and 32 5-202 of this Act shall cease to apply to telecommunications 33 rates and services. -22- LRB9201430LDcsam01 1 (Source: P.A. 90-38, eff. 6-27-97.) 2 (220 ILCS 5/13-202.5 new) 3 Sec. 13-202.5. Incumbent local exchange carrier. 4 "Incumbent local exchange carrier" means, with respect to an 5 area, the telecommunications carrier that provided 6 noncompetitive local exchange telecommunications service in 7 that area on February 8, 1996, and on that date was deemed a 8 member of the exchange carrier association pursuant to 47 9 C.F.R. 69.601(b), and includes its successors, assigns, and 10 affiliates. 11 (220 ILCS 5/13-216 new) 12 Sec. 13-216. Network element. "Network element" means a 13 facility or equipment used in the provision of a 14 telecommunications service. The term also includes features, 15 functions, and capabilities that are provided by means of the 16 facility or equipment, including, but not limited to, 17 subscriber numbers, databases, signaling systems, and 18 information sufficient for billing and collection or used in 19 the transmission, routing, or other provision of a 20 telecommunications service. 21 (220 ILCS 5/13-217 new) 22 Sec. 13-217. End user. "End user" means any person, 23 corporation, partnership, firm, municipality, cooperative, 24 organization, governmental agency, building owner, or other 25 entity provided with a telecommunications service for its own 26 consumption and not for resale. 27 (220 ILCS 5/13-218 new) 28 Sec. 13-218. Business end user. "Business end user" 29 means (1) an end user engaged primarily or substantially in a 30 paid commercial, professional, or institutional activity; (2) -23- LRB9201430LDcsam01 1 an end user provided telecommunications service in a 2 commercial, professional, or institutional location, or other 3 location serving primarily or substantially as a site of an 4 activity for pay; (3) an end user whose telecommunications 5 service is listed as the principal or only number for a 6 business in any yellow pages directory; (4) an end user whose 7 telecommunications service is used to conduct promotions, 8 solicitations, or market research for which compensation or 9 reimbursement is paid or provided; provided, however, that 10 the use of telecommunications service, without compensation 11 or reimbursement, for a charitable or civic purpose shall not 12 constitute business use of a telecommunications service. 13 (220 ILCS 5/13-219 new) 14 Sec. 13-219. Residential end user. "Residential end 15 user" means an end user other than a business end user. 16 (220 ILCS 5/13-220 new) 17 Sec. 13-220. Retail telecommunications service. "Retail 18 telecommunications service" means a telecommunications 19 service sold to an end user. "Retail telecommunications 20 service" does not include a telecommunications service 21 provided by a telecommunications carrier to a 22 telecommunications carrier, including to itself, as a 23 component of, or for the provision of, telecommunications 24 service. A business retail telecommunications service is a 25 retail telecommunications service provided to a business end 26 user. A residential retail telecommunications service is a 27 retail telecommunications service provided to a residential 28 end user. 29 (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1) 30 (Section scheduled to be repealed on July 1, 2001) 31 Sec. 13-301.1. Universal Telephone Service Assistance -24- LRB9201430LDcsam01 1 Program. 2 (a) The Commission shall by rule or regulation establish 3 a Universal Telephone Service Assistance Program for low 4 income residential customers. The program shall provide for a 5 reduction of access line charges, a reduction of connection 6 charges, or any other alternative to increase accessibility 7 to telephone service that the Commission deems advisable 8 subject to the availability of funds for the program as 9 provided in subsection (d)(b). The Commission shall 10 establish eligibility requirements for benefits under the 11 program. 12 (b) The Commission shall adopt rules providing for 13 enhanced enrollment for eligible consumers to receive 14 lifeline service. Enhanced enrollment may include, but is 15 not limited to, joint marketing, joint application, or joint 16 processing with the Low-Income Home Energy Assistance 17 Program, the Medicaid Program, and the Food Stamp program. 18 The Department of Human Services, the Department of Public 19 Aid, and the Department of Commerce and Community Affairs, 20 upon request of the Commission, shall assist in the adoption 21 and implementation of those rules. The Commission and the 22 Department of Human Services, the Department of Public Aid, 23 and the Department of Commerce and Community Affairs may 24 enter into memoranda of understanding establishing the 25 respective duties of the Commission and the Departments in 26 relation to enhanced enrollment. 27 (c) In this Section, "lifeline service" means a retail 28 local service offering described by 47 C.F.R. Section 29 54.401(a), as amended. 30 (d)(b)The Commission shall require by rule or 31 regulation that each telecommunications carrier providing 32 local exchange telecommunications services notify its 33 customers that if the customer wishes to participate in the 34 funding of the Universal Telephone Service Assistance Program -25- LRB9201430LDcsam01 1 he may do so by electing to contribute, on a monthly basis, a 2 fixed amount that will be included in the customer's monthly 3 bill. The customer may cease contributing at any time upon 4 providing notice to the telecommunications carrier providing 5 local exchange telecommunications services. The notice shall 6 state that any contribution made will not reduce the 7 customer's bill for telecommunications services. Failure to 8 remit the amount of increased payment will reduce the 9 contribution accordingly. The Commission shall specify the 10 monthly fixed amount or amounts that customers wishing to 11 contribute to the funding of the Universal Telephone Service 12 Assistance Program may choose from in making their 13 contributions. Every telecommunications carrier providing 14 local exchange telecommunications services shall remit the 15 amounts contributed in accordance with the terms of the 16 Universal Telephone Service Assistance Program. 17 (Source: P.A. 87-750; 90-372, eff. 7-1-98.) 18 (220 ILCS 5/13-301.2 new) 19 Sec. 13-301.2. Program to Foster Elimination of the 20 Digital Divide. The Commission shall require by rule that 21 each telecommunications carrier notify its customers that if 22 the customer wishes to participate in the funding of the 23 Program to Foster Elimination of the Digital Divide he or she 24 may do so by electing to contribute, on a monthly basis, a 25 fixed amount that will be included in the customer's monthly 26 bill. The customer may cease contributing at any time upon 27 providing notice to the telecommunications carrier. The 28 notice shall state that any contribution made will not reduce 29 the customer's bill for telecommunications services. Failure 30 to remit the amount of increased payment will reduce the 31 contribution accordingly. The Commission shall specify the 32 monthly fixed amount or amounts that customers wishing to 33 contribute to the funding of the Program to Foster -26- LRB9201430LDcsam01 1 Elimination of the Digital Divide may choose from in making 2 their contributions. A telecommunications carrier shall 3 remit the amounts contributed by its customers to the 4 Department of Commerce and Community Affairs for deposit in 5 the Digital Divide Elimination Fund at the intervals 6 specified in the Commission rules. 7 (220 ILCS 5/13-301.3 new) 8 Sec. 13-301.3. Digital Divide Elimination Infrastructure 9 Program. 10 (a) The Digital Divide Elimination Infrastructure Fund 11 is created as a special fund in the State treasury. All 12 moneys in the Fund shall be used, subject to appropriation, 13 by the Commission to fund the construction of facilities 14 specified in Commission rules adopted under this Section. The 15 Commission may accept private and public funds, including 16 federal funds, for deposit into the Fund. Earnings 17 attributable to moneys in the Fund shall be deposited into 18 the Fund. 19 (b) The Commission shall adopt rules under which it will 20 make grants out of funds appropriated from the Digital Divide 21 Elimination Infrastructure Fund to eligible entities as 22 specified in the rules for the construction of high-speed 23 data transmission facilities in areas of the State for which 24 the incumbent local exchange carrier having the duty to serve 25 such area, and the obligation to provide advanced services to 26 such area pursuant to Section 13-517 of this Act, has sought 27 and obtained an exemption from such obligation based upon a 28 Commission finding that provision of such advanced services 29 to customers in such area is either unduly economically 30 burdensome or will impose a significant adverse economic 31 impact on users of telecommunications services generally. 32 (c) The rules of the Commission shall provide for the 33 competitive selection of recipients of grant funds available -27- LRB9201430LDcsam01 1 from the Digital Divide Elimination Infrastructure Fund 2 pursuant to the Illinois Procurement Code. Grants shall be 3 awarded to bidders chosen on the basis of the criteria 4 established in such rules. 5 (d) All entities awarded grant moneys under this Section 6 shall maintain all records required by Commission rule for 7 the period of time specified in the rules. Such records shall 8 be subject to audit by the Commission, by any auditor 9 appointed by the State, or by any State officer authorized to 10 conduct audits. 11 (220 ILCS 5/13-303 new) 12 Sec. 13-303. Action to enforce law or orders. Whenever 13 the Commission is of the opinion that a telecommunications 14 carrier is failing or omitting, or is about to fail or omit, 15 to do anything required of it by law or by an order, 16 decision, rule, regulation, direction, or requirement of the 17 Commission or is doing or permitting anything to be done, or 18 is about to do anything or is about to permit anything to be 19 done, contrary to or in violation of law or an order, 20 decision, rule, regulation, direction, or requirement of the 21 Commission, the Commission shall file an action or proceeding 22 in the circuit court in and for the county in which the case 23 or some part thereof arose or in which the telecommunications 24 carrier complained of has its principal place of business, in 25 the name of the People of the State of Illinois for the 26 purpose of having the violation or threatened violation 27 stopped and prevented either by mandamus or injunction. The 28 Commission may express its opinion in a resolution based upon 29 whatever factual information has come to its attention and 30 may issue the resolution ex parte and without holding any 31 administrative hearing before bringing suit. Except in cases 32 involving an imminent threat to the public health and safety, 33 no such resolution shall be adopted until 48 hours after the -28- LRB9201430LDcsam01 1 telecommunications carrier has been given notice of (i) the 2 substance of the alleged violation, including citation to the 3 law, order, decision, rule, regulation, or direction of the 4 Commission alleged to have been violated and (ii) the time 5 and the date of the meeting at which such resolution will 6 first be before the Commission for consideration. 7 The Commission shall file the action or proceeding by 8 complaint in the circuit court alleging the violation or 9 threatened violation complained of and praying for 10 appropriate relief by way of mandamus or injunction. It 11 shall be the duty of the court to specify a time, not 12 exceeding 20 days after the service of the copy of the 13 complaint, within which the telecommunications carrier 14 complained of must answer the complaint, and in the meantime 15 the telecommunications carrier may be restrained. In case of 16 default in answer or after answer, the court shall 17 immediately inquire into the facts and circumstances of the 18 case. The telecommunications carrier and persons that the 19 court may deem necessary or proper may be joined as parties. 20 The final judgment in any action or proceeding shall either 21 dismiss the action or proceeding or grant relief by mandamus 22 or injunction as prayed for in the complaint, or in such 23 modified or other form as will afford appropriate relief in 24 the court's judgment. 25 (220 ILCS 5/13-303.5 new) 26 Sec. 13-303.5. Injunctive relief. If, after a hearing, 27 the Commission determines that a telecommunications carrier 28 has violated this Act or a Commission order or rule, any 29 telecommunications carrier adversely affected by the 30 violation may seek injunctive relief in circuit court. 31 (220 ILCS 5/13-304 new) 32 Sec. 13-304. Action to recover civil penalties. -29- LRB9201430LDcsam01 1 (a) The Commission shall assess and collect all civil 2 penalties established under this Act against 3 telecommunications carriers, corporations other than 4 telecommunications carriers, and persons acting as 5 telecommunications carriers. Except for the penalties 6 provided under Section 2-202, civil penalties may be assessed 7 only after notice and opportunity to be heard. Any such 8 civil penalty may be compromised by the Commission. In 9 determining the amount of the civil penalty to be assessed, 10 or the amount of the civil penalty to be compromised, the 11 Commission is authorized to consider any matters of record in 12 aggravation or mitigation of the penalty, including but not 13 limited to the following: 14 (1) the duration and gravity of the violation of 15 the Act, the rules, or the order of the Commission; 16 (2) the presence or absence of due diligence on the 17 part of the violator in attempting either to comply with 18 requirements of the Act, the rules, or the order of the 19 Commission, or to secure lawful relief from those 20 requirements; 21 (3) any economic benefits accrued by the violator 22 because of the delay in compliance with requirements of 23 the Act, the rules, or the order of the Commission; and 24 (4) the amount of monetary penalty that will serve 25 to deter further violations by the violator and to 26 otherwise aid in enhancing voluntary compliance with the 27 Act, the rules, or the order of the Commission by the 28 violator and other persons similarly subject to the Act. 29 (b) If timely judicial review of a Commission order that 30 imposes a civil penalty is taken by a telecommunications 31 carrier, a corporation other than a telecommunications 32 carrier, or a person acting as a telecommunications carrier 33 on whom or on which the civil penalty has been imposed, the 34 reviewing court shall enter a judgment on all amounts upon -30- LRB9201430LDcsam01 1 affirmance of the Commission order. If timely judicial 2 review is not taken and the civil penalty remains unpaid for 3 60 days after service of the order, the Commission in its 4 discretion may either begin revocation proceedings or bring 5 suit to recover the penalties. Unless stayed by a reviewing 6 court, interest shall accrue from the 60th day after the date 7 of service of the Commission order to the date full payment 8 is received by the Commission. 9 (c) Actions to recover delinquent civil penalties under 10 this Section shall be brought in the name of the People of 11 the State of Illinois in the circuit court in and for the 12 county in which the cause, or some part thereof, arose, or in 13 which the entity complained of resides. The action shall be 14 commenced and prosecuted to final judgement by the 15 Commission. In any such action, all interest incurred up to 16 the time of final court judgment may be recovered in that 17 action. In all such actions, the procedure and rules of 18 evidence shall be the same as in ordinary civil actions, 19 except as otherwise herein provided. Any such action may be 20 compromised or discontinued on application of the Commission 21 upon such terms as the court shall approve and order. 22 (d) Civil penalties related to the late filing of 23 reports, taxes, or other filings shall be paid into the State 24 treasury to the credit of the Public Utility Fund. Except as 25 otherwise provided in this Act, all other fines and civil 26 penalties shall be paid into the State treasury to the credit 27 of the General Revenue Fund. 28 (220 ILCS 5/13-305 new) 29 Sec. 13-305. Amount of civil penalty. A 30 telecommunications carrier, any corporation other than a 31 telecommunications carrier, or any person acting as a 32 telecommunications carrier that violates or fails to comply 33 with any provisions of this Act or that fails to obey, -31- LRB9201430LDcsam01 1 observe, or comply with any order, decision, rule, 2 regulation, direction, or requirement, or any part or 3 provision thereof, of the Commission, made or issued under 4 authority of this Act, in a case in which a civil penalty is 5 not otherwise provided for in this Act, but excepting Section 6 5-202 of the Act, shall be subject to a civil penalty imposed 7 in the manner provided in Section 13-304 of no more than 8 $30,000 or 0.00825% of the carrier's gross intrastate annual 9 telecommunications revenue, whichever is greater, for each 10 offense unless the violator has fewer than 35,000 subscriber 11 access lines, in which case the civil penalty may not exceed 12 $2,000 for each offense. 13 A telecommunications carrier subject to administrative 14 penalties resulting from a final Commission order approving 15 an intercorporate transaction entered pursuant to Section 16 7-204 of this Act shall be subject to penalties under this 17 Section imposed for the same conduct only to the extent that 18 such penalties exceed those imposed by the final Commission 19 order. 20 Every violation of the provisions of this Act or of any 21 order, decision, rule, regulation, direction, or requirement 22 of the Commission, or any part or provision thereof, by any 23 corporation or person, is a separate and distinct offense. 24 Penalties under this Section shall attach and begin to accrue 25 from the day after the date upon which the Commission enters 26 an order determining that the corporation or person has 27 violated or is in violation of the order, decision, rule, 28 regulation, direction, or requirement of the Commission, or 29 part or provision thereof; or upon the day after the date 30 upon which the Commission enters an order directing the 31 corporation or person to cease and desist from violating the 32 order, decision, rule, regulation, direction, or requirement 33 of the Commission, or part or provision thereof; whichever is 34 the earlier. In case of a continuing violation, each day's -32- LRB9201430LDcsam01 1 continuance thereof shall be a separate and distinct offense. 2 In construing and enforcing the provisions of this Act 3 relating to penalties, the act, omission, or failure of any 4 officer, agent, or employee of any telecommunications carrier 5 or of any person acting within the scope of his or her duties 6 or employment shall in every case be deemed to be the act, 7 omission, or failure of such telecommunications carrier or 8 person. 9 If the party who has violated or failed to comply with 10 this Act or an order, decision, rule, regulation, direction, 11 or requirement of the Commission, or any part or provision 12 thereof, fails to seek timely review pursuant to Sections 13 10-113 and 10-201 of this Act, the party shall, upon 14 expiration of the statutory time limit, be subject to the 15 civil penalty provision of this Section. 16 Twenty percent of all moneys collected under this Section 17 shall be deposited into the Digital Divide Elimination Fund 18 and 20% of all moneys collected under this Section shall be 19 deposited into the Digital Divide Elimination Infrastructure 20 Fund. 21 (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407) 22 (Section scheduled to be repealed on July 1, 2001) 23 Sec. 13-407. Commission study and report. The Commission 24 shall monitor and analyze patterns of entry and exit,and 25 changes in patterns ofapplications forentry and exit,for 26 each relevant market for telecommunications services, 27 including emerging high speed telecommunications markets, and 28 shall include its findings together with appropriate 29 recommendations for legislative action in its annual report 30 to the General Assembly. 31 The Commission shall also monitor and analyze the status 32 of deployment of services to consumers, and any resulting 33 "digital divisions" between consumers, including any changes -33- LRB9201430LDcsam01 1 or trends therein. The Commission shall include its findings 2 together with appropriate recommendations for legislative 3 action in its annual report to the General Assembly. In 4 preparing this analysis the Commission shall evaluate 5 information provided by telecommunications carriers that 6 pertains to the state of competition in telecommunications 7 markets including, but not limited to: 8 (1) the number and type of firms providing 9 telecommunications services, including broadband 10 telecommunications services, within the State; 11 (2) the telecommunications services offered by 12 these firms to both retail and wholesale customers; 13 (3) the extent to which customers and other 14 providers are purchasing the firms' telecommunications 15 services; 16 (4) the technologies or methods by which these 17 firms provide these services, including descriptions of 18 technologies in place and under development, and the 19 degree to which firms rely on other wholesale providers 20 to provide service to their own customers; and 21 (5) the tariffed retail and wholesale prices for 22 services provided by these firms. 23 The Commission shall at a minimum assess the variability 24 in this information according to geography, examining 25 variability by exchange, wirecenter, or zip code, and by 26 customer class, examining, at a minimum, the variability 27 between residential and small, medium, and large business 28 customers. The Commission shall provide an analysis of 29 market trends by collecting this information from firms 30 providing telecommunications services within the State. The 31 Commission shall also collect all information, in a format 32 determined by the Commission, that the Commission deems 33 necessary to assist in monitoring and analyzing the 34 telecommunications markets and the status of competition and -34- LRB9201430LDcsam01 1 deployment of telecommunications services to consumers in the 2 State. 3 (Source: P.A. 84-1063.) 4 (220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501) 5 (Section scheduled to be repealed on July 1, 2001) 6 Sec. 13-501. Tariff; filing. 7 (a) No telecommunications carrier shall offer or provide 8 telecommunications service unless and until a tariff is filed 9 with the Commission which describes the nature of the 10 service, applicable rates and other charges, terms and 11 conditions of service, and the exchange, exchanges or other 12 geographical area or areas in which the service shall be 13 offered or provided. The Commission may prescribe the form 14 of such tariff and any additional data or information which 15 shall be included therein. 16 (b) After a hearing, the Commission has the discretion 17 to impose an interim or permanent tariff on a 18 telecommunications carrier as part of the order in the case. 19 When a tariff is imposed as part of the order in a case, the 20 tariff shall remain in full force and effect until a 21 compliance tariff, or superseding tariff, is filed by the 22 telecommunications carrier and, after notice to the parties 23 in the case and after a compliance hearing is held, is found 24 by the Commission to be in compliance with the Commission's 25 order. 26 (Source: P.A. 84-1063.) 27 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502) 28 (Section scheduled to be repealed on July 1, 2001) 29 Sec. 13-502. Classification of services. 30 (a) All telecommunications services offered or provided 31 under tariff by telecommunications carriers shall be 32 classified as either competitive or noncompetitive. A -35- LRB9201430LDcsam01 1 telecommunications carrier may offer or provide either 2 competitive or noncompetitive telecommunications services, or 3 both, subject to proper certification and other applicable 4 provisions of this Article. Any tariff filed with the 5 Commission as required by Section 13-501 shall indicate 6 whether the service to be offered or provided is competitive 7 or noncompetitive. 8 (b) A service shall be classified as competitive only 9 if, and only to the extent that, for some identifiable class 10 or group of customers in an exchange, group of exchanges, or 11 some other clearly defined geographical area, such service, 12 or its functional equivalent, or a substitute service, is 13 reasonably available from more than one provider, whether or 14 not any such provider is a telecommunications carrier subject 15 to regulation under this Act. All telecommunications services 16 not properly classified as competitive shall be classified as 17 noncompetitive. The Commission shall have the power to 18 investigate the propriety of any classification of a 19 telecommunications service on its own motion and shall 20 investigate upon complaint. In any hearing or investigation, 21 the burden of proof as to the proper classification of any 22 service shall rest upon the telecommunications carrier 23 providing the service. After notice and hearing, the 24 Commission shall order the proper classification of any 25 service in whole or in part. The Commission shall make its 26 determination and issue its final order no later than 180 27 days from the date such hearing or investigation is 28 initiated. If the Commission enters into a hearing upon 29 complaint and if the Commission fails to issue an order 30 within that period, the complaint shall be deemed granted 31 unless the Commission, the complainant, and the 32 telecommunications carrier providing the service agree to 33 extend the time period. 34 (c) In determining whether a service should be -36- LRB9201430LDcsam01 1 reclassified as competitive, the Commission shall, at a 2 minimum, consider the following factors: 3 (1) the number, size, and geographic distribution 4 of other providers of the service; 5 (2) the availability of functionally equivalent 6 services in the relevant geographic area and the ability 7 of telecommunications carriers or other persons to make 8 the same, equivalent, or substitutable service readily 9 available in the relevant market at comparable rates, 10 terms, and conditions; 11 (3) the existence of economic, technological, or 12 any other barriers to entry into, or exit from, the 13 relevant market; 14 (4) the extent to which other telecommunications 15 companies must rely upon the service of another 16 telecommunications carrier to provide telecommunications 17 service; and 18 (5) any other factors that may affect competition 19 and the public interest that the Commission deems 20 appropriate. 21 (d) No tariff classifying a new telecommunications 22 service as competitive or reclassifying a previously 23 noncompetitive telecommunications service as competitive, 24 which is filed by a telecommunications carrier which also 25 offers or provides noncompetitive telecommunications service, 26 shall be effective unless and until such telecommunications 27 carrier offering or providing, or seeking to offer or 28 provide, such proposed competitive service prepares and files 29 a study of the long-run service incremental cost underlying 30 such service and demonstrates that the tariffed rates and 31 charges for the service and any relevant group of services 32 that includes the proposed competitive service and for which 33 resources are used in common solely by that group of services 34 are not less than the long-run service incremental cost of -37- LRB9201430LDcsam01 1 providing the service and each relevant group of services. 2 Such study shall be given proprietary treatment by the 3 Commission at the request of such carrier if any other 4 provider of the competitive service, its functional 5 equivalent, or a substitute service in the geographical area 6 described by the proposed tariff has not filed, or has not 7 been required to file, such a study. 8 (e)(d)In the event any telecommunications service has 9 been classified and filed as competitive by the 10 telecommunications carrier, and has been offered or provided 11 on such basis, and the Commission subsequently determines 12 after investigation that such classification improperly 13 included services which were in fact noncompetitive, the 14 Commission shall have the power to determine and order 15 refunds to customers for any overcharges which may have 16 resulted from the improper classification, or to order such 17 other remedies provided to it under this Act, or to seek an 18 appropriate remedy or relief in a court of competent 19 jurisdiction. 20 (f)(e)If no hearing or investigation regarding the 21 propriety of a competitive classification of a 22 telecommunications service is initiated within 180 days after 23 a telecommunications carrier files a tariff listing such 24 telecommunications service as competitive, no refunds to 25 customers for any overcharges which may result from an 26 improper classification shall be ordered for the period from 27 the time the telecommunications carrier filed such tariff 28 listing the service as competitive up to the time an 29 investigation of the service classification is initiated by 30 the Commission's own motion or the filing of a complaint. 31 Where a hearing or an investigation regarding the propriety 32 of a telecommunications service classification as competitive 33 is initiated after 180 days from the filing of the tariff, 34 the period subject to refund for improper classification -38- LRB9201430LDcsam01 1 shall begin on the date such investigation or hearing is 2 initiated by the filing of a Commission motion or a 3 complaint. 4 (Source: P.A. 90-185, eff. 7-23-97.) 5 (220 ILCS 5/13-502.5 new) 6 Sec. 13-502.5. Services alleged to be improperly 7 classified. 8 (a) Any action or proceeding pending before the 9 Commission upon the effective date of this amendatory Act of 10 the 92nd General Assembly in which it is alleged that a 11 telecommunications carrier has improperly classified services 12 provided to end users as competitive shall be abated and 13 shall not be maintained or continued. 14 (b) All retail telecommunications services provided to 15 business end users by any telecommunications carrier subject, 16 as of May 1, 2001, to alternative regulation under an 17 alternative regulation plan pursuant to Section 13-506.1 of 18 this Act shall be classified as competitive as of the 19 effective date of this amendatory Act of the 92nd General 20 Assembly without further Commission review. Rates for retail 21 telecommunications services provided to business end users 22 with 4 or fewer access lines shall not exceed the rates the 23 carrier charged for those services on May 1, 2001. This 24 restriction upon the rates of retail telecommunications 25 services provided to business end users shall remain in force 26 and effect through July 1, 2005; provided, however, that 27 nothing in this Section shall be construed to prohibit 28 reduction of those rates. Rates for retail telecommunications 29 services provided to business end users with 5 or more access 30 lines shall not be subject to the restrictions set forth in 31 this subsection. 32 (c) All retail vertical services, as defined herein, 33 that are provided by a telecommunications carrier subject, as -39- LRB9201430LDcsam01 1 of May 1, 2001, to alternative regulation under an 2 alternative regulation plan pursuant to Section 13-506.1 of 3 this Act shall be classified as competitive as of June 1, 4 2003 without further Commission review. Retail vertical 5 services shall include, for purposes of this Section, 6 services available on a subscriber's telephone line that the 7 subscriber pays for on a periodic or per use basis, but shall 8 not include caller identification and call waiting. 9 (d) Any action or proceeding pending before the 10 Commission upon the effective date of this amendatory Act of 11 the 92nd General Assembly, in which it is alleged that a 12 telecommunications carrier has improperly classified services 13 as competitive, shall be abated, and the services the 14 classification of which is at issue shall be deemed either 15 competitive or noncompetitive as set forth in this Section. 16 Any telecommunications carrier subject to an action or 17 proceeding in which it is alleged that the telecommunications 18 carrier has improperly classified services as competitive 19 shall be deemed liable to refund, and shall refund, the sum 20 of $90,000,000 to that class or those classes of its 21 customers that were alleged to have paid rates in excess of 22 noncompetitive rates as the result of the alleged improper 23 classification. The telecommunications carrier shall make the 24 refund no later than 120 days after the effective date of 25 this amendatory Act of the 92nd General Assembly. 26 (e) Any telecommunications carrier subject to an action 27 or proceeding in which it is alleged that the 28 telecommunications carrier has improperly classified services 29 as competitive shall also pay the sum of $15,000,000 to the 30 Digital Divide Elimination Fund established pursuant to 31 Section 5-20 of the Eliminate the Digital Divide Law, and 32 shall further pay the sum of $15,000,000 to the Digital 33 Divide Elimination Infrastructure Fund established pursuant 34 to Section 13-301.3 of this Act. The telecommunications -40- LRB9201430LDcsam01 1 carrier shall make each of these payments in 3 installments 2 of $5,000,000, payable on July 1 of 2002, 2003, and 2004. 3 The telecommunications carrier shall have no further 4 accounting for these payments, which shall be used for the 5 purposes established in the Eliminate the Digital Divide Law. 6 (f) All other services shall be classified pursuant to 7 Section 13-502 of this Act. 8 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509) 9 (Section scheduled to be repealed on July 1, 2001) 10 Sec. 13-509. Agreements for provisions of competitive 11 telecommunications services differing from tariffs. A 12 telecommunications carrier may negotiate with customers or 13 prospective customers to provide competitive 14 telecommunications service, and in so doing, may offer or 15 agree to provide such service on such terms and for such 16 rates or charges as are reasonable, without regard to any 17 tariffs it may have filed with the Commission with respect to 18 such services. Within 3010business days after executing 19 any such agreement, the telecommunications carrier shall file 20 any contract or memorandum of understanding for the provision 21 of telecommunications service, which shall include the rates 22 or other charges, practices, rules or regulations applicable 23 to the agreed provision of such service. Any cost support 24 required to be filed with the agreement by some other Section 25 of this Act shall be filed within 30 businesscalendardays 26 after executing any such agreement. Where the agreement 27 contains the same rates, charges, practices, rules, and 28 regulations found in a single contract or memorandum already 29 filed by the telecommunications carrier with the Commission, 30 instead of filing the contract or memorandum, the 31 telecommunications carrier may elect to file a letter 32 identifying the new agreement and specifically referencing 33 the contract or memorandum already on file with the -41- LRB9201430LDcsam01 1 Commission which contains the same provisions. A single 2 letter may be used to file more than one new agreement. Upon 3 filing its contract or memorandum, or letter, the 4 telecommunications carrier shall thereafter provide service 5 according to the terms thereof, unless the Commission finds, 6 after notice and hearing, that the continued provision of 7 service pursuant to such contract or memorandum would 8 substantially and adversely affect the financial integrity of 9 the telecommunications carrier or would violate any other 10 provision of this Act. 11 Any contract or memorandum entered into and filed 12 pursuant to the provisions of this Section may, in the 13 Commission's discretion, be accorded proprietary treatment. 14 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) 15 (220 ILCS 5/13-514) 16 (Section scheduled to be repealed on July 1, 2001) 17 Sec. 13-514. Prohibited Actions of Telecommunications 18 Carriers. A telecommunications carrier shall not knowingly 19 impede the development of competition in any 20 telecommunications service market. The following prohibited 21 actions are considered per se impediments to the development 22 of competition; however, the Commission is not limited in any 23 manner to these enumerated impediments and may consider other 24 actions which impede competition to be prohibited: 25 (1) unreasonably refusing or delaying interconnections 26 or collocation or providing inferior connections to another 27 telecommunications carrier; 28 (2) unreasonably impairing the speed, quality, or 29 efficiency of services used by another telecommunications 30 carrier; 31 (3) unreasonably denying a request of another provider 32 for information regarding the technical design and features, 33 geographic coverage, information necessary for the design of -42- LRB9201430LDcsam01 1 equipment, and traffic capabilities of the local exchange 2 network except for proprietary information unless such 3 information is subject to a proprietary agreement or 4 protective order; 5 (4) unreasonably delaying access in connecting another 6 telecommunications carrier to the local exchange network 7 whose product or service requires novel or specialized access 8 requirements; 9 (5) unreasonably refusing or delaying access by any 10 person to another telecommunications carrier; 11 (6) unreasonably acting or failing to act in a manner 12 that has a substantial adverse effect on the ability of 13 another telecommunications carrier to provide service to its 14 customers; 15 (7) unreasonably failing to offer services to customers 16 in a local exchange, where a telecommunications carrier is 17 certificated to provide service and has entered into an 18 interconnection agreement for the provision of local exchange 19 telecommunications services, with the intent to delay or 20 impede the ability of the incumbent local exchange 21 telecommunications carrier to provide inter-LATA 22 telecommunications services;and23 (8) violating the terms of or unreasonably delaying 24 implementation of an interconnection agreement entered into 25 pursuant to Section 252 of the federal Telecommunications Act 26 of 1996 in a manner that unreasonably delays, increases the 27 cost, or impedes the availability of telecommunications 28 services to consumers;.29 (9) unreasonably refusing or delaying access to or 30 provision of operation support systems to another 31 telecommunications carrier or providing inferior operation 32 support systems to another telecommunications carrier; 33 (10) unreasonably failing to offer network elements that 34 the Commission or the Federal Communications Commission has -43- LRB9201430LDcsam01 1 determined must be offered on an unbundled basis to another 2 telecommunications carrier in a manner consistent with the 3 Commission's or Federal Communications Commission's orders or 4 rules requiring such offerings; 5 (11) violating the obligations of Section 13-801; and 6 (12) violating an order of the Commission involving 7 telecommunications carriers. 8 (Source: P.A. 90-185, eff. 7-23-97.) 9 (220 ILCS 5/13-515) 10 (Section scheduled to be repealed on July 1, 2001) 11 Sec. 13-515. Enforcement. 12 (a) The following expedited procedures shall be used to 13 enforce the provisions of Section 13-514 of this Actexcept14as provided in subsection (b). However, the Commission, the 15 complainant, and the respondent may mutually agree to adjust 16 the procedures established in this Section.If the17Commission determines, pursuant to subsection (b), that the18procedural provisions of this Section do not apply, the19complaint shall continue pursuant to the general complaint20provisions of Article X.21 (b) (Blank).The provisions of this Section shall not22apply to an allegation of a violation of item (8) of Section2313-514 by a Bell operating company, as defined in Section 324of the federal Telecommunications Act of 1996, unless and25until such company or its affiliate is authorized to provide26inter-LATA services under Section 271(d) of the federal27Telecommunications Act of 1996; provided, however, that a28complaint setting forth a separate independent basis for a29violation of Section 13-514 may proceed under this Section30notwithstanding that the alleged acts or omissions may also31constitute a violation of item (8) of Section 13-514.32 (c) No complaint may be filed under this Section until 33 the complainant has first notified the respondent of the -44- LRB9201430LDcsam01 1 alleged violation and offered the respondent 48 hours to 2 correct the situation. Provision of notice and the 3 opportunity to correct the situation creates a rebuttable 4 presumption of knowledge under Section 13-514. After the 5 filing of a complaint under this Section, the parties may 6 agree to follow the mediation process under Section 10-101.1 7 of this Act. The time periods specified in subdivision 8 (d)(7) of this Section shall be tolled during the time spent 9 in mediation under Section 10-101.1. 10 (d) A telecommunications carrier may file a complaint 11 with the Commission alleging a violation of Section 13-514 in 12 accordance with this subsection: 13 (1) The complaint shall be filed with the Chief 14 Clerk of the Commission and shall be served in hand upon 15 the respondent, the executive director, and the general 16 counsel of the Commission at the time of the filing. 17 (2) A complaint filed under this subsection shall 18 include a statement that the requirements of subsection 19 (c) have been fulfilled and that the respondent did not 20 correct the situation as requested. 21 (3) Reasonable discovery specific to the issue of 22 the complaint may commence upon filing of the complaint. 23 Requests for discovery must be served in hand and 24 responses to discovery must be provided in hand to the 25 requester within 14 days after a request for discovery is 26 made. 27 (4) An answer and any other responsive pleading to 28 the complaint shall be filed with the Commission and 29 served in hand at the same time upon the complainant, the 30 executive director, and the general counsel of the 31 Commission within 7 days after the date on which the 32 complaint is filed. 33 (5) If the answer or responsive pleading raises the 34 issue that the complaint violates subsection (i) of this -45- LRB9201430LDcsam01 1 Section, the complainant may file a reply to such 2 allegation within 3 days after actual service of such 3 answer or responsive pleading. Within 4 days after the 4 time for filing a reply has expired, the hearing officer 5 or arbitrator shall either issue a written decision 6 dismissing the complaint as frivolous in violation of 7 subsection (i) of this Section including the reasons for 8 such disposition or shall issue an order directing that 9 the complaint shall proceed. 10 (6) A pre-hearing conference shall be held within 11 14 days after the date on which the complaint is filed. 12 (7) The hearing shall commence within 30 days of 13 the date on which the complaint is filed. The hearing 14 may be conducted by a hearing examiner or by an 15 arbitrator. Parties and the Commission staff shall be 16 entitled to present evidence and legal argument in oral 17 or written form as deemed appropriate by the hearing 18 examiner or arbitrator. The hearing examiner or 19 arbitrator shall issue a written decision within 60 days 20 after the date on which the complaint is filed. The 21 decision shall include reasons for the disposition of the 22 complaint and, if a violation of Section 13-514 is found, 23 directions and a deadline for correction of the 24 violation. 25 (8) Any party may file a petition requesting the 26 Commission to review the decision of the hearing examiner 27 or arbitrator within 5 days of such decision. Any party 28 may file a response to a petition for review within 3 29 business days after actual service of the petition. 30 After the time for filing of the petition for review, but 31 no later than 15 days after the decision of the hearing 32 examiner or arbitrator, the Commission shall decide to 33 adopt the decision of the hearing examiner or arbitrator 34 or shall issue its own final order. -46- LRB9201430LDcsam01 1 (e) If the alleged violation has a substantial adverse 2 effect on the ability of the complainant to provide service 3 to customers, the complainant may include in its complaint a 4 request for an order for emergency relief. The Commission, 5 acting through its designated hearing examiner or arbitrator, 6 shall act upon such a request within 2 business days of the 7 filing of the complaint. An order for emergency relief may 8 be granted, without an evidentiary hearing, upon a verified 9 factual showing that the party seeking relief will likely 10 succeed on the merits, that the party will suffer irreparable 11 harm in its ability to serve customers if emergency relief is 12 not granted, and that the order is in the public interest. 13 An order for emergency relief shall include a finding that 14 the requirements of this subsection have been fulfilled and 15 shall specify the directives that must be fulfilled by the 16 respondent and deadlines for meeting those directives. The 17 decision of the hearing examiner or arbitrator to grant or 18 deny emergency relief shall be considered an order of the 19 Commission unless the Commission enters its own order within 20 2 calendar days of the decision of the hearing examiner or 21 arbitrator. The order for emergency relief may require the 22 responding party to act or refrain from acting so as to 23 protect the provision of competitive service offerings to 24 customers. Any action required by an emergency relief order 25 must be technically feasible and economically reasonable and 26 the respondent must be given a reasonable period of time to 27 comply with the order. 28 (f) The Commission is authorized to obtain outside 29 resources including, but not limited to, arbitrators and 30 consultants for the purposes of the hearings authorized by 31 this Section. Any arbitrator or consultant obtained by the 32 Commission shall be approved by both parties to the hearing. 33 The cost of such outside resources including, but not limited 34 to, arbitrators and consultants shall be borne by the -47- LRB9201430LDcsam01 1 parties. The Commission shall review the bill for 2 reasonableness and assess the parties for reasonable costs 3 dividing the costs according to the resolution of the 4 complaint brought under this Section. Such costs shall be 5 paid by the parties directly to the arbitrators, consultants, 6 and other providers of outside resources within 60 days after 7 receiving notice of the assessments from the Commission. 8 Interest at the statutory rate shall accrue after expiration 9 of the 60-day period. The Commission, arbitrators, 10 consultants, or other providers of outside resources may 11 apply to a court of competent jurisdiction for an order 12 requiring payment. 13 (g) The Commission shall assess the parties under this 14 subsection for all of the Commission's costs of investigation 15 and conduct of the proceedings brought under this Section 16 including, but not limited to, the prorated salaries of 17 staff, attorneys, hearing examiners, and support personnel 18 and including any travel and per diem, directly attributable 19 to the complaint brought pursuant to this Section, but 20 excluding those costs provided for in subsection (f), 21 dividing the costs according to the resolution of the 22 complaint brought under this Section. All assessments made 23 under this subsection shall be paid into the Public Utility 24 Fund within 60 days after receiving notice of the assessments 25 from the Commission. Interest at the statutory rate shall 26 accrue after the expiration of the 60 day period. The 27 Commission is authorized to apply to a court of competent 28 jurisdiction for an order requiring payment. 29 (h) If the Commission determines that there is an 30 imminent threat to competition or to the public interest, the 31 Commission may, notwithstanding any other provision of this 32 Act, seek temporary, preliminary, or permanent injunctive 33 relief from a court of competent jurisdiction either prior to 34 or after the hearing. -48- LRB9201430LDcsam01 1 (i) A party shall not bring or defend a proceeding 2 brought under this Section or assert or controvert an issue 3 in a proceeding brought under this Section, unless there is a 4 non-frivolous basis for doing so. By presenting a pleading, 5 written motion, or other paper in complaint or defense of the 6 actions or inaction of a party under this Section, a party is 7 certifying to the Commission that to the best of that party's 8 knowledge, information, and belief, formed after a reasonable 9 inquiry of the subject matter of the complaint or defense, 10 that the complaint or defense is well grounded in law and 11 fact, and under the circumstances: 12 (1) it is not being presented to harass the other 13 party, cause unnecessary delay in the provision of 14 competitive telecommunications services to consumers, or 15 create needless increases in the cost of litigation; and 16 (2) the allegations and other factual contentions 17 have evidentiary support or, if specifically so 18 identified, are likely to have evidentiary support after 19 reasonable opportunity for further investigation or 20 discovery as defined herein. 21 (j) If, after notice and a reasonable opportunity to 22 respond, the Commission determines that subsection (i) has 23 been violated, the Commission shall impose appropriate 24 sanctions upon the party or parties that have violated 25 subsection (i) or are responsible for the violation. The 26 sanctions shall be not more than $30,000$7,500, plus the 27 amount of expenses accrued by the Commission for conducting 28 the hearing. Payment of sanctions imposed under this 29 subsection shall be made to the Common School Fund within 30 30 days of imposition of such sanctions. 31 (k) An appeal of a Commission Order made pursuant to 32 this Section shall not effectuate a stay of the Order unless 33 a court of competent jurisdiction specifically finds that the 34 party seeking the stay will likely succeed on the merits, -49- LRB9201430LDcsam01 1 that the party will suffer irreparable harm without the stay, 2 and that the stay is in the public interest. 3 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) 4 (220 ILCS 5/13-516) 5 (Section scheduled to be repealed on July 1, 2001) 6 Sec. 13-516. Enforcement remediesPenaltiesforviolation7of a Commission order relating toprohibited actions byof8 telecommunications carriers. 9 (a) In addition to any other provision of this Act, all 10 of the following remedies may be applied for violations of 11 Section 13-514: 12 (1) A Commission order directing the violating 13 telecommunications carrier to cease and desist from 14 violating the Act or a Commission order or rule. 15 (2) Notwithstanding any other provision of this 16 Act, the Commission may impose penalties of up to $30,000 17 or 0.00825% of the carrier's gross intrastate annual 18 telecommunications revenue, whichever is greater, per 19 violation unless the carrier has fewer than 35,000 20 subscriber access lines, in which case the civil penalty 21 may not exceed $2,000 per violationof a final order or22emergency relief order issued pursuant to Section 13-51523of this Act. Penalties under this Section shall attach 24 and begin to accrue from the day after the date upon 25 which the Commission enters an order determining that the 26 corporation or person has violated or is in violation of 27 the order, decision, rule, regulation, direction, or 28 requirement of the Commission, or part or provision 29 thereof; or upon the day after the date upon which the 30 Commission enters an order directing the corporation or 31 person to cease and desist from violating the order, 32 decision, rule, regulation, direction, or requirement of 33 the Commission, or part or provision thereof; whichever -50- LRB9201430LDcsam01 1 is the earlier. Each day of a continuing offense shall be 2 treated as a separate violation for purposes of levying 3 any penalty under this Section.The period for which the4fine shall be levied shall commence on the day the5Commission order requires compliance with the order and6shall continue until the party is in compliance with the7Commission order. 8 (3) The Commission shall award damages, attorney's 9 fees, and costs to any telecommunications carrier that 10 was subjected to a violation of Section 13-514. 11 (b) The Commission may waive penalties imposed under 12 subdivisionsubsection(a)(2) if it makes a written finding 13 as to its reasons for waiving the penaltyfine. Reasons for 14 waiving a penaltyfineshall include, but not be limited to, 15 technological infeasibility and acts of God. 16 (c) The Commission shall establish by rule procedures 17 for the imposition of remediespenaltiesunder subsection (a) 18 that, at a minimum, provide for notice, hearing and a written 19 order relating to the imposition of remediespenalties. 20 (d) Unless enforcement of an order entered by the 21 Commission under Section 13-515 otherwise directs or is 22 stayed by the Commission or by an appellate court reviewing 23 the Commission's order, at any time after 30 days from the 24 entry of the order, either the Commission, or the 25 telecommunications carrier found by the Commission to have 26 been subjected to a violation of Section 13-514, or both, is 27 authorized to petition a court of competent jurisdiction for 28 an order at law or in equity requiring enforcement of the 29 Commission order. The court shall determine (1) whether the 30 Commission entered the order identified in the petition and 31 (2) whether the violating telecommunications carrier has 32 complied with the Commission's order. A certified copy of a 33 Commission order shall be prima facie evidence that the 34 Commission entered the order so certified. Pending the -51- LRB9201430LDcsam01 1 court's resolution of the petition, the court may award 2 temporary or preliminary injunctive relief, or such other 3 equitable relief as may be necessary, to effectively 4 implement and enforce the Commission's order in a timely 5 manner. 6 If after a hearing the court finds that the Commission 7 entered the order identified in the petition and that the 8 violating telecommunications carrier has not complied with 9 the Commission's order, the court shall enter judgment 10 requiring the violating telecommunications carrier to comply 11 with the Commission's order and order such relief at law or 12 in equity as the court deems necessary to effectively 13 implement and enforce the Commission's order in a timely 14 manner. The court shall also award to the petitioner, or 15 petitioners, attorney's fees and costs, which shall be taxed 16 and collected as part of the costs of the case. 17 If the court finds that the violating telecommunications 18 carrier has failed to comply with the timely payment of 19 damages, attorney's fees, or costs ordered by the Commission, 20 the court shall order the violating telecommunications 21 carrier to pay to the telecommunications carrier or carriers 22 awarded the damages, fees, or costs by the Commission 23 additional damages for the sake of example and by way of 24 punishment for the failure to timely comply with the order of 25 the Commission, unless the court finds a reasonable basis for 26 the violating telecommunications carrier's failure to make 27 timely payment according to the Commission's order, in which 28 instance the court shall establish a new date for payment to 29 be made.The Commission is authorized to apply to a court of30competent jurisdiction for an order requiring payment of31penalties imposed under subsection (a).32 (e) Payment of damages, attorney's fees, and costs 33penaltiesimposed under subsection (a) shall be made within 34 30 days after issuance of the Commission order imposing the -52- LRB9201430LDcsam01 1 penalties, damages, attorney's fees, or costs, unless 2 otherwise directed by the Commission or a reviewing court 3 under an appeal taken pursuant to Article X. Payment of 4 penalties imposed under subsection (a) shall be made to the 5 Common School Fund within 30 days of issuance of the 6 Commission order imposing the penalties. 7 (Source: P.A. 90-185, eff. 7-23-97.) 8 (220 ILCS 5/13-517 new) 9 Sec. 13-517. Provision of advanced telecommunications 10 services. 11 (a) Every Incumbent Local Exchange Carrier 12 (telecommunications carrier that offers or provides a 13 noncompetitive telecommunications service) shall offer or 14 provide advanced telecommunications services to not less than 15 80% of its customers by January 1, 2005. 16 (b) The Commission is authorized to grant a full or 17 partial waiver of the requirements of this Section upon 18 verified petition of any Incumbent Local Exchange Carrier 19 ("ILEC") which demonstrates that full compliance with the 20 requirements of this Section would be unduly economically 21 burdensome or technically infeasible or otherwise impractical 22 in exchanges with low population density. Notice of any such 23 petition must be given to all potentially affected customers. 24 If no potentially affected customer requests the opportunity 25 for a hearing on the waiver petition, the Commission may, in 26 its discretion, allow the waiver request to take affect 27 without hearing. The Commission shall grant such petition to 28 the extent that, and for such duration as, the Commission 29 determines that such waiver: 30 (1) is necessary: 31 (A) to avoid a significant adverse economic 32 impact on users of telecommunications services 33 generally; -53- LRB9201430LDcsam01 1 (B) to avoid imposing a requirement that is 2 unduly economically burdensome; 3 (C) to avoid imposing a requirement that is 4 technically infeasible; or 5 (D) to avoid imposing a requirement that is 6 otherwise impractical to implement in exchanges with 7 low population density; and 8 (2) is consistent with the public interest, 9 convenience, and necessity. 10 The Commission shall act upon any petition filed under this 11 subsection within 180 days after receiving such petition. 12 The Commission may by rule establish standards for granting 13 any waiver of the requirements of this Section. The 14 Commission may, upon complaint or on its own motion, hold a 15 hearing to reconsider its grant of a waiver in whole or in 16 part. In the event that the Commission, following hearing, 17 determines that the affected ILEC no longer meets the 18 requirements of item (2) of this subsection, the Commission 19 shall by order rescind such waiver, in whole or in part. In 20 the event and to the degree the Commission rescinds such 21 waiver, the Commission shall establish an implementation 22 schedule for compliance with the requirements of this 23 Section. 24 (c) As used in this Section, "advanced 25 telecommunications services" means services capable of 26 supporting, in at least one direction, a speed in excess of 27 200 kilobits per second (kbps) to the network demarcation 28 point at the subscriber's premises. 29 (220 ILCS 5/13-518 new) 30 Sec. 13-518. Optional service packages. 31 (a) It is the intent of this Section to provide 32 unlimited local service packages at prices that will result 33 in savings for the average consumer. Each telecommunications -54- LRB9201430LDcsam01 1 carrier that provides competitive and noncompetitive 2 services, and that is subject to an alternative regulation 3 plan pursuant to Section 13-506.1 of this Article, shall 4 provide, in addition to such other services as it offers, the 5 following optional packages of services for a fixed monthly 6 rate, which, along with the terms and conditions thereof, the 7 Commission shall review, pursuant to Article IX of this Act, 8 to determine whether such rates, terms, and conditions are 9 fair, just, and reasonable. 10 (1) A budget package, which shall consist of 11 residential access service and unlimited local calls. 12 (2) A flat rate package, which shall consist of 13 residential access service, unlimited local calls, and 14 the customer's choice of 2 vertical services as defined 15 in this Section. 16 (3) An enhanced flat rate package, which shall 17 consist of residential access service for 2 lines, 18 unlimited local calls, the customer's choice of 2 19 vertical services as defined in this Section, and 20 unlimited local toll service. 21 (b) Nothing in this Section or this Act shall be 22 construed to prohibit any telecommunications carrier subject 23 to this Section from charging customers who elect to take one 24 of the groups of services offered pursuant to this Section, 25 any applicable surcharges, fees, and taxes. 26 (c) The term "vertical services", when used in this 27 Section, includes, but is not necessarily limited to, call 28 waiting, call forwarding, 3-way calling, caller ID, call 29 tracing, automatic callback, repeat dialing, and voicemail. 30 (d) The service packages described in this Section shall 31 be defined as noncompetitive services. 32 (220 ILCS 5/13-712 new) 33 Sec. 13-712. Basic local exchange service quality; -55- LRB9201430LDcsam01 1 customer credits. 2 (a) It is the intent of the General Assembly that every 3 telecommunications carrier meet minimum service quality 4 standards in providing basic local exchange service on a 5 non-discriminatory basis to all classes of customers. 6 (b) Definitions: 7 (1) "Alternative telephone service" means, except 8 where technically impracticable, a wireless telephone 9 capable of making local calls, and may also include, but 10 is not limited to, call forwarding, voice mail, or paging 11 services. 12 (2) "Basic local exchange service" means 13 residential and business lines used for local exchange 14 telecommunications service as defined in Section 13-204 15 of this Act, excluding: 16 (A) services that employ advanced 17 telecommunications capability as defined in Section 18 706(c)(1) of the federal Telecommunications Act of 19 1996; 20 (B) vertical services; 21 (C) company official lines; and 22 (D) records work only. 23 (3) "Link Up" refers to the Link Up Assistance 24 program defined and established at 47 C.F.R. Section 25 54.411 et seq. as amended. 26 (c) The Commission shall promulgate service quality 27 rules for basic local exchange service, which may include 28 fines, penalties, customer credits, and other enforcement 29 mechanisms. In developing such service quality rules, the 30 Commission shall consider, at a minimum, the carrier's gross 31 annual intrastate revenue; the frequency, duration, and 32 recurrence of the violation; and the relative harm caused to 33 the affected customer or other users of the network. In 34 imposing fines, the Commission shall take into account -56- LRB9201430LDcsam01 1 compensation or credits paid by the telecommunications 2 carrier to its customers pursuant to this Section in 3 compensation for the violation found pursuant to this 4 Section. These rules shall become effective within one year 5 after the effective date of this amendatory Act of the 92nd 6 General Assembly. 7 (d) The rules shall, at a minimum, require each 8 telecommunications carrier to do all of the following: 9 (1) Install basic local exchange service within 5 10 business days after receipt of an order from the customer 11 unless the customer requests an installation date that is 12 beyond 5 business days after placing the order for basic 13 service. If installation of service is requested on or 14 by a date more than 5 business days in the future, the 15 telecommunications carrier shall install service by the 16 date requested. A telecommunications carrier offering 17 basic local exchange service utilizing the network or 18 network elements of another carrier shall install new 19 lines for basic local exchange service within 3 business 20 days after provisioning of the line or lines by the 21 carrier whose network or network elements are being 22 utilized is complete. This subdivision (d)(1) does not 23 apply to the migration of a customer between 24 telecommunications carriers, so long as the customer 25 maintains dial tone. 26 (2) Restore basic local exchange service for a 27 customer within 24 hours of receiving notice that a 28 customer is out of service. 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 (e) The rules shall include provisions for customers to 33 be credited by the telecommunications carrier for violations 34 of basic local exchange service quality standards as -57- LRB9201430LDcsam01 1 described in subsection (d). The credits shall be applied on 2 the statement issued to the customer for the next monthly 3 billing cycle following the violation or following the 4 discovery of the violation. The performance levels 5 established in subsection (c) are solely for the purposes of 6 consumer credits and shall not be used as performance levels 7 for the purposes of assessing penalties under Section 13-305. 8 At a minimum, the rules shall include the following: 9 (1) If a carrier fails to repair an out-of-service 10 condition for basic local exchange service within 24 11 hours, the carrier shall provide a credit to the 12 customer. If the service disruption is for 48 hours or 13 less, the credit must be equal to a pro-rata portion of 14 the monthly recurring charges for all local services 15 disrupted. If the service disruption is for more than 48 16 hours, but not more than 72 hours, the credit must be 17 equal to at least 33% of one month's recurring charges 18 for all local services disrupted. If the service 19 disruption is for more than 72 hours, but not more than 20 96 hours, the credit must be equal to at least 67% of one 21 month's recurring charges for all local services 22 disrupted. If the service disruption is for more than 96 23 hours, but not more than 120 hours, the credit must be 24 equal to one month's recurring charges for all local 25 services disrupted. For each day that the service 26 disruption continues beyond the initial 120-hour period, 27 the carrier shall also provide either alternative 28 telephone service or an additional credit of $20 per day, 29 at the customers option. 30 (2) If a carrier fails to install basic local 31 exchange service within 5 business days after an 32 application for new service has been received by the 33 carrier, or fails to install the service by the 34 customer's requested installation date, if the requested -58- LRB9201430LDcsam01 1 date was more than 5 business days after the date of the 2 application, the carrier shall waive 50% of any 3 installation charges, or where installation is pursuant 4 to the Link Up program, the carrier shall provide a 5 credit of $25. If a carrier fails to install service 6 within 10 business days after the service application is 7 placed, or fails to install service within 5 business 8 days after the customer's requested installation date, if 9 the requested date was more than 5 business days after 10 the date of the order, the carrier shall waive 100% of 11 the installation charge, or in the absence of an 12 installation charge where installation is provided 13 pursuant to the Link Up program, the carrier shall 14 provide a credit of $50. For each day that the failure 15 to install service continues beyond the initial 10 16 business days, or beyond 5 business days after the 17 customer's requested installation date, if the requested 18 date was more than 5 business days after the date of the 19 order, the carrier shall also provide either alternative 20 telephone service or an additional credit of $20 per day, 21 at the customer's option until service is installed. 22 (3) If a carrier fails to keep a scheduled repair 23 or installation appointment when a customer premises 24 visit requires a customer to be present, the carrier 25 shall credit the customer $50 per missed appointment. A 26 credit required by this subsection does not apply when 27 the carrier provides the customer with 24-hour notice of 28 its inability to keep the appointment. 29 (4) If the violation of a basic local exchange 30 service quality standard is caused by a carrier other 31 than the carrier providing retail service to the 32 customer, the carrier providing service to the customer 33 shall credit the customer as provided in this Section. 34 The carrier causing the violation shall reimburse the -59- LRB9201430LDcsam01 1 carrier providing retail service the amount credited the 2 customer. When applicable, an interconnection agreement 3 shall govern compensation between the carrier causing the 4 violation, in whole or in part, and the retail carrier 5 providing the credit to the 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 -60- LRB9201430LDcsam01 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 -61- LRB9201430LDcsam01 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. -62- LRB9201430LDcsam01 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. The Commission shall require the incumbent local 20 exchange carrier to provide interconnection, collocation, and 21 network elements in any manner technically feasible to the 22 fullest extent possible to implement the maximum development 23 of competitive telecommunications services offerings. As used 24 in this Section, to the extent that interconnection, 25 collocation, or network elements have been deployed for or by 26 the incumbent local exchange carrier or one of its wireline 27 local exchange affiliates in any jurisdiction, it shall be 28 presumed that such is technically feasible in Illinois. 29 (b) Interconnection. 30 (1) An incumbent local exchange carrier shall 31 provide for the facilities and equipment of any 32 requesting telecommunications carrier's interconnection 33 with the incumbent local exchange carrier's network on 34 just, reasonable, and nondiscriminatory rates, terms, and -63- LRB9201430LDcsam01 1 conditions: 2 (A) for the transmission and routing of local 3 exchange, and exchange access telecommunications 4 services; 5 (B) at any technically feasible point within 6 the incumbent local exchange carrier's network; 7 however, the incumbent local exchange carrier may 8 not require the requesting carrier to interconnect 9 at more than one technically feasible point within a 10 LATA; and 11 (C) that is at least equal in quality and 12 functionality to that provided by the incumbent 13 local exchange carrier to itself or to any 14 subsidiary, affiliate, or any other party to which 15 the incumbent local exchange carrier provides 16 interconnection. 17 (2) An incumbent local exchange carrier shall make 18 available to any requesting telecommunications carrier, 19 to the extent technically feasible, those services, 20 facilities, or interconnection agreements or arrangements 21 that the incumbent local exchange carrier or any of its 22 incumbent local exchange subsidiaries or affiliates 23 offers in another state under the terms and conditions, 24 but not the stated rates, negotiated pursuant to Section 25 252 of the federal Telecommunications Act of 1996. Rates 26 shall be established in accordance with the requirements 27 of subsection (g) of this Section. An incumbent local 28 exchange carrier shall also make available to any 29 requesting telecommunications carrier, to the extent 30 technically feasible, and subject to the unbundling 31 provisions of Section 251(d)(2) of the federal 32 Telecommunications Act of 1996, those unbundled network 33 element or interconnection agreements or arrangements 34 that a local exchange carrier affiliate of the incumbent -64- LRB9201430LDcsam01 1 local exchange carrier obtains in another state from the 2 incumbent local exchange carrier in that state, under the 3 terms and conditions, but not the stated rates, obtained 4 through negotiation, or through an arbitration initiated 5 by the affiliate, pursuant to Section 252 of the federal 6 Telecommunications Act of 1996. Rates shall be 7 established in accordance with the requirements of 8 subsection (g) of this Section. 9 (c) Collocation. An incumbent local exchange carrier 10 shall provide for physical or virtual collocation of any type 11 of equipment for interconnection or access to network 12 elements at the premises of the incumbent local exchange 13 carrier on just, reasonable, and nondiscriminatory rates, 14 terms, and conditions. The equipment shall include, but is 15 not limited to, optical transmission equipment, multiplexers, 16 remote switching modules, and cross-connects between the 17 facilities or equipment of other collocated carriers. The 18 equipment shall also include microwave transmission 19 facilities on the exterior and interior of the incumbent 20 local exchange carrier's premises used for interconnection 21 to, or for access to network elements of, the incumbent local 22 exchange carrier or a collocated carrier, unless the 23 incumbent local exchange carrier demonstrates to the 24 Commission that it is not practical due to technical reasons 25 or space limitations. An incumbent local exchange carrier 26 shall allow, and provide for, the most reasonably direct and 27 efficient cross-connects, that are consistent with safety and 28 network reliability standards, between the facilities of 29 collocated carriers. An incumbent local exchange carrier 30 shall also allow, and provide for, cross connects between a 31 noncollocated telecommunications carrier's network elements 32 platform, or a noncollocated telecommunications carrier's 33 transport facilities, and the facilities of any collocated 34 carrier, consistent with safety and network reliability -65- LRB9201430LDcsam01 1 standards. 2 (d) Network elements. The incumbent local exchange 3 carrier shall provide to any requesting telecommunications 4 carrier, for the provision of an existing or a new 5 telecommunications service, nondiscriminatory access to 6 network elements on any unbundled or bundled basis, as 7 requested, at any technically feasible point on just, 8 reasonable, and nondiscriminatory rates, terms, and 9 conditions. 10 (1) An incumbent local exchange carrier shall 11 provide unbundled network elements in a manner that 12 allows requesting telecommunications carriers to combine 13 those network elements to provide a telecommunications 14 service. 15 (2) An incumbent local exchange carrier shall not 16 separate network elements that are currently combined, 17 except at the explicit direction of the requesting 18 carrier. 19 (3) Upon request, an incumbent local exchange 20 carrier shall combine any sequence of unbundled network 21 elements that it ordinarily combines for itself to 22 provide local exchange services to residence and small 23 business customers (customers with 4 or fewer access 24 lines), including but not limited to, unbundled network 25 elements identified in The Draft of the Proposed 26 Ameritech Illinois 271 Amendment (I2A) found in Schedule 27 SJA-4 attached to Exhibit 3.1 filed by Illinois Bell 28 Telephone Company on or about March 28, 2001 with the 29 Illinois Commerce Commission under Illinois Commerce 30 Commission Docket Number 00-0700. The Commission shall 31 determine those network elements the incumbent local 32 exchange carrier ordinarily combines for itself if there 33 is a dispute between the incumbent local exchange carrier 34 and the requesting telecommunications carrier under this -66- LRB9201430LDcsam01 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 telecommunications services to its own end 25 user customers within the LATA without the requesting 26 telecommunications carrier's provision or use of any 27 other facilities or functionalities. 28 (5) The Commission shall establish maximum time 29 periods for the incumbent local exchange carrier's 30 provision of network elements. The maximum time period 31 shall be no longer than the time period for the incumbent 32 local exchange carrier's provision of comparable retail 33 telecommunications services utilizing those network 34 elements. The Commission may establish a maximum time -67- LRB9201430LDcsam01 1 period for a particular network element that is shorter 2 than for a comparable retail telecommunications service 3 offered by the incumbent local exchange carrier if a 4 requesting telecommunications carrier establishes that 5 it shall perform other functions or activities after 6 receipt of the particular network element to provide 7 telecommunications services to end users. The burden of 8 proof for establishing a maximum time period for a 9 particular network element that is shorter than for a 10 comparable retail telecommunications service offered by 11 the incumbent local exchange carrier shall be on the 12 requesting telecommunications carrier. Notwithstanding 13 any other provision of this Article, unless and until the 14 Commission establishes by rule or order a different 15 specific maximum time interval, the maximum time 16 intervals shall not exceed 5 business days for the 17 provision of unbundled loops, both digital and analog, 10 18 business days for the conditioning of unbundled loops or 19 for existing combinations of network elements for an end 20 user that has existing local exchange telecommunications 21 service, and one business day for the provision of the 22 high frequency portion of the loop (line-sharing) for at 23 least 95% of the requests of each requesting 24 telecommunications carrier for each month. 25 In measuring the incumbent local exchange carrier's 26 actual performance, the Commission shall ensure that 27 occurrences beyond the control of the incumbent local 28 exchange carrier that adversely affect the incumbent 29 local exchange carrier's performance are excluded when 30 determining actual performance levels. Such occurrences 31 shall be determined by the Commission, but at a minimum 32 must include work stoppage or other labor actions and 33 acts of war. Exclusions shall also be made for 34 performance that is governed by agreements approved by -68- LRB9201430LDcsam01 1 the Commission and containing timeframes for the same or 2 similar measures or for when a requesting 3 telecommunications carrier requests a longer time 4 interval. 5 (6) When a telecommunications carrier requests a 6 network elements platform referred to in subdivision 7 (d)(4) of this Section, without the need for field work 8 outside of the central office, for an end user that has 9 existing local exchange telecommunications service 10 provided by an incumbent local exchange carrier, or by 11 another telecommunications carrier through the incumbent 12 local exchange carrier's network elements platform, 13 unless otherwise agreed by the telecommunications 14 carriers, the incumbent local exchange carrier shall 15 provide the requesting telecommunications carrier with 16 the requested network elements platform within 3 business 17 days for at least 95% of the requests for each requesting 18 telecommunications carrier for each month. A requesting 19 telecommunications carrier may order the network elements 20 platform as is for an end user that has such existing 21 local exchange service without changing any of the 22 features previously selected by the end user. The 23 incumbent local exchange carrier shall provide the 24 requested network elements platform without any 25 disruption to the end user's services. 26 Absent a contrary agreement between the 27 telecommunications carriers entered into after the 28 effective date of this amendatory Act of the 92nd General 29 Assembly, as of 12:01 a.m. on the third business day 30 after placing the order for a network elements platform, 31 the requesting telecommunications carrier shall be the 32 presubscribed primary local exchange carrier for that end 33 user line and shall be entitled to receive, or to direct 34 the disposition of, all revenues for all services -69- LRB9201430LDcsam01 1 utilizing the network elements in the platform, unless it 2 is established that the end user of the existing local 3 exchange service did not authorize the requesting 4 telecommunications carrier to make the request. 5 (e) Operations support systems. The Commission shall 6 establish minimum standards with just, reasonable, and 7 nondiscriminatory rates, terms, and conditions for the 8 preordering, ordering, provisioning, maintenance and repair, 9 and billing functions of the incumbent local exchange 10 carrier's operations support systems provided to other 11 telecommunications carriers. In no instance shall the 12 incumbent local exchange carrier's operations support systems 13 as provided to other telecommunications carriers be less than 14 functionally and effectively the same operations support 15 systems provided by the incumbent local exchange carrier to 16 its own, its subsidiaries', and its affiliates' retail 17 telecommunications services. 18 (f) Resale. An incumbent local exchange carrier shall 19 offer all retail telecommunications services, that the 20 incumbent local exchange carrier provides at retail to 21 subscribers who are not telecommunications carriers, within 22 the LATA, together with each applicable optional feature or 23 functionality, subject to resale at wholesale rates without 24 imposing any unreasonable or discriminatory conditions or 25 limitations. Wholesale rates shall be based on the retail 26 rates charged to end users for the telecommunications service 27 requested, excluding the portion thereof attributable to any 28 marketing, billing, collection, and other costs avoided by 29 the local exchange carrier. The Commission may determine 30 under Article IX of this Act that certain noncompetitive 31 services, together with each applicable optional feature or 32 functionality, that are offered to residence customers under 33 different rates, charges, terms, or conditions than to other 34 customers should not be subject to resale under the rates, -70- LRB9201430LDcsam01 1 charges, terms, or conditions available only to residence 2 customers. 3 (g) Cost based rates. Interconnection, collocation, 4 network elements, and operations support systems shall be 5 provided by the incumbent local exchange carrier to 6 requesting telecommunications carriers at cost based rates. 7 The immediate implementation and provisioning of 8 interconnection, collocation, network elements, and 9 operations support systems shall not be delayed due to any 10 lack of determination by the Commission as to the cost based 11 rates. When cost based rates have not been established, 12 within 30 days after the filing of a petition for the setting 13 of interim rates, or after the Commission's own motion, the 14 Commission shall provide for interim rates that shall remain 15 in full force and effect until the cost based rate 16 determination is made, or the interim rate is modified, by 17 the Commission. 18 (h) Rural exemption. This Section does not apply to 19 certain rural telephone companies as described in 47 U.S.C. 20 251(f). 21 (i) Schedule of rates. A telecommunications carrier may 22 request the incumbent local exchange carrier to provide a 23 schedule of rates listing each of the rate elements of the 24 incumbent local exchange carrier that pertains to a proposed 25 order identified by the requesting telecommunications carrier 26 for any of the matters covered in this Section. The 27 incumbent local exchange carrier shall deliver the requested 28 schedule of rates to the requesting telecommunications 29 carrier within 2 business days for 95% of the requests for 30 each requesting carrier. 31 (j) Special access circuits. Nothing in this amendatory 32 Act of the 92nd General Assembly is intended to allow the 33 provision of a special access circuit through a combination 34 of network elements. -71- LRB9201430LDcsam01 1 (k) The Commission shall determine any matters in 2 dispute between the incumbent local exchange carrier and the 3 requesting carrier pursuant to Section 13-515 of this Act. 4The Commission shall prepare and issue an annual report on5the status of the telecommunications industry and Illinois6regulation thereof on January 31 of each year beginning in71986. Such report shall include:8(a) A review of regulatory decisions and actions9from the preceding year and a description of pending10cases involving significant telecommunications carriers11or issues;12(b) a description of the telecommunications13industry and changes or trends therein, including the14number, type and size of firms offering15telecommunications services, whether or not such firms16are subject to State regulation, telecommunications17technologies in place and under development, variations18in the geographic availability of services and in prices19for services, and penetration levels of subscriber access20to local exchange service in each exchange and trends21related thereto;22(c) the status of compliance by carriers and the23Commission with the requirements of this Article;24(d) the effects, and likely effects of Illinois25regulatory policies and practices, including those26described in this Article, on telecommunications27carriers, services and customers;28(e) any recommendations for legislative change29which are adopted by the Commission and which the30Commission believes are in the interest of Illinois31telecommunications customers; and32(f) any other information or analysis which the33Commission is required to provide by this Article or34deems necessary to provide.-72- LRB9201430LDcsam01 1The Commission's report shall be filed with the Joint2Committee on Legislative Support Services, the Governor, and3the Public Counsel and shall be publicly available. The Joint4Committee on Legislative Support Services shall conduct5public hearings on the report and any recommendations6therein.7 (Source: P.A. 84-1063.) 8 (220 ILCS 5/13-902) 9 (Section scheduled to be repealed on July 1, 2001) 10 Sec. 13-902. Authorization and verification of a 11 subscriber's change in telecommunications carrier. 12 (a) Definitions; scope. 13 (1) "Submitting carrier" means any 14 telecommunications carrier that requests on behalf of a 15 subscriber that the subscriber's telecommunications 16 carrier be changed and seeks to provide retail services 17 to the end user subscriber. 18 (2) "Executing carrier" means any 19 telecommunications carrier that effects a request that a 20 subscriber's telecommunications carrier be changed. 21 (3) "Authorized carrier" means any 22 telecommunications carrier that submits a change, on 23 behalf of a subscriber, in the subscriber's selection of 24 a provider of telecommunications service with the 25 subscriber's authorization verified in accordance with 26 the procedures specified in this Section. 27 (4) "Unauthorized carrier" means any 28 telecommunications carrier that submits a change, on 29 behalf of a subscriber, in the subscriber's selection of 30 a provider of telecommunications service but fails to 31 obtain the subscriber's authorization verified in 32 accordance with the procedures specified in this Section. 33 (5) "Unauthorized change" means a change in a -73- LRB9201430LDcsam01 1 subscriber's selection of a provider of 2 telecommunications service that was made without 3 authorization verified in accordance with the 4 verification procedures specified in this Section. 5 (6) "Subscriber" means: 6 (A) the party identified in the account 7 records of a common carrier as responsible for 8 payment of the telephone bill; 9 (B) any adult person authorized by such party 10 to change telecommunications services or to charge 11 services to the account; or 12 (C) any person contractually or otherwise 13 lawfully authorized to represent such party. 14 This Section does not apply to retail business 15 subscribers served by more than 20 lines. 16 (b) Authorization from the subscriber. "Authorization" 17 means an express, affirmative act by a subscriber agreeing to 18 the change in the subscriber's telecommunications carrier to 19 another carrier. A subscriber's telecommunications service 20 shall be provided by the telecommunications carrier selected 21 by the subscriber. 22 (c) Authorization and verification of orders for 23 telecommunications service. 24 (1) No telecommunications carrier shall submit or 25 execute a change on behalf of a subscriber in the 26 subscriber's selection of a provider of 27 telecommunications service except in accordance with the 28 procedures prescribed in this subsection. 29 (2) No submitting carrier shall submit a change on 30 the behalf of a subscriber in the subscriber's selection 31 of a provider of telecommunications service prior to 32 obtaining: 33 (A) authorization from the subscriber; and 34 (B) verification of that authorization in -74- LRB9201430LDcsam01 1 accordance with the procedures prescribed in this 2 Section. 3 The submitting carrier shall maintain and preserve 4 records of verification of subscriber authorization for a 5 minimum period of 2 years after obtaining such verification. 6 (3) An executing carrier shall not verify the 7 submission of a change in a subscriber's selection of a 8 provider of telecommunications service received from a 9 submitting carrier. For an executing carrier, compliance 10 with the procedures described in this Section shall be 11 defined as prompt execution, without any unreasonable 12 delay, of changes that have been verified by a submitting 13 carrier. 14 (4) Commercial mobile radio services (CMRS) 15 providers shall be excluded from the verification 16 requirements of this Section as long as they are not 17 required to provide equal access to common carriers for 18 the provision of telephone toll services, in accordance 19 with 47 U.S.C. 332(c)(8). 20 (5) Where a telecommunications carrier is selling 21 more than one type of telecommunications service (e.g., 22 local exchange, intraLATA/intrastate toll, 23 interLATA/interstate toll, and international toll), that 24 carrier must obtain separate authorization from the 25 subscriber for each service sold, although the 26 authorizations may be made within the same solicitation. 27 Each authorization must be verified separately from any 28 other authorizations obtained in the same solicitation. 29 Each authorization must be verified in accordance with 30 the verification procedures prescribed in this Section. 31 (6) No telecommunications carrier shall submit a 32 preferred carrier change order unless and until the order 33 has been confirmed in accordance with one of the 34 following procedures: -75- LRB9201430LDcsam01 1 (A) The telecommunications carrier has 2 obtained the subscriber's written or electronically 3 signed authorization in a form that meets the 4 requirements of subsection (d). 5 (B) The telecommunications carrier has 6 obtained the subscriber's electronic authorization 7 to submit the preferred carrier change order. Such 8 authorization must be placed from the telephone 9 number or numbers on which the preferred carrier is 10 to be changed and must confirm the information in 11 subsections (b) and (c) of this Section. 12 Telecommunications carriers electing to confirm 13 sales electronically shall establish one or more 14 toll-free telephone numbers exclusively for that 15 purpose. Calls to the toll-free telephone numbers 16 must connect a subscriber to a voice response unit, 17 or similar mechanism, that records the required 18 information regarding the preferred carrier change, 19 including automatically recording the originating 20 automatic number identification. 21 (C) An appropriately qualified independent 22 third party has obtained, in accordance with the 23 procedures set forth in paragraphs (7) through (10) 24 of this subsection, the subscriber's oral 25 authorization to submit the preferred carrier change 26 order that confirms and includes appropriate 27 verification data. The independent third party must 28 not be owned, managed, controlled, or directed by 29 the carrier or the carrier's marketing agent; must 30 not have any financial incentive to confirm 31 preferred carrier change orders for the carrier or 32 the carrier's marketing agent; and must operate in a 33 location physically separate from the carrier or the 34 carrier's marketing agent. -76- LRB9201430LDcsam01 1 (7) Methods of third party verification. Automated 2 third party verification systems and three-way conference 3 calls may be used for verification purposes so long as 4 the requirements of paragraphs (8) through (10) of this 5 subsection are satisfied. 6 (8) Carrier initiation of third party verification. 7 A carrier or a carrier's sales representative initiating 8 a three-way conference call or a call through an 9 automated verification system must drop off the call once 10 the three-way connection has been established. 11 (9) Requirements for content and format of third 12 party verification. All third party verification methods 13 shall elicit, at a minimum, the identity of the 14 subscriber; confirmation that the person on the call is 15 authorized to make the carrier change; confirmation that 16 the person on the call wants to make the carrier change; 17 the names of the carriers affected by the change; the 18 telephone numbers to be switched; and the types of 19 service involved. Third party verifiers may not market 20 the carrier's services by providing additional 21 information, including information regarding preferred 22 carrier freeze procedures. 23 (10) Other requirements for third party 24 verification. All third party verifications shall be 25 conducted in the same language that was used in the 26 underlying sales transaction and shall be recorded in 27 their entirety. In accordance with the procedures set 28 forth in paragraph (2)(B) of this subsection, submitting 29 carriers shall maintain and preserve audio records of 30 verification of subscriber authorization for a minimum 31 period of 2 years after obtaining such verification. 32 Automated systems must provide consumers with an option 33 to speak with a live person at any time during the call. 34 (11) Telecommunications carriers must provide -77- LRB9201430LDcsam01 1 subscribers the option of using one of the authorization 2 and verification procedures specified in paragraph (6) of 3 this subsection in addition to an electronically signed 4 authorization and verification procedure under paragraph 5 (6)(A) of this subsection. 6 (d) Letter of agency form and content. 7 (1) A telecommunications carrier may use a written 8 or electronically signed letter of agency to obtain 9 authorization or verification, or both, of a subscriber's 10 request to change his or her preferred carrier selection. 11 A letter of agency that does not conform with this 12 Section is invalid for purposes of this Section. 13 (2) The letter of agency shall be a separate 14 document (or an easily separable document) or located on 15 a separate screen or webpage containing only the 16 authorizing language described in paragraph (5) of this 17 subsection having the sole purpose of authorizing a 18 telecommunications carrier to initiate a preferred 19 carrier change. The letter of agency must be signed and 20 dated by the subscriber to the telephone line or lines 21 requesting the preferred carrier change. 22 (3) The letter of agency shall not be combined on 23 the same document, screen, or webpage with inducements of 24 any kind. 25 (4) Notwithstanding paragraphs (2) and (3) of this 26 subsection, the letter of agency may be combined with 27 checks that contain only the required letter of agency 28 language as prescribed in paragraph (5) of this 29 subsection and the necessary information to make the 30 check a negotiable instrument. The letter of agency check 31 shall not contain any promotional language or material. 32 The letter of agency check shall contain in easily 33 readable, bold-face type on the front of the check, a 34 notice that the subscriber is authorizing a preferred -78- LRB9201430LDcsam01 1 carrier change by signing the check. The letter of agency 2 language shall be placed near the signature line on the 3 back of the check. 4 (5) At a minimum, the letter of agency must be 5 printed with a type of sufficient size and readability to 6 be clearly legible and must contain clear and unambiguous 7 language that confirms: 8 (A) The subscriber's billing name and address 9 and each telephone number to be covered by the 10 preferred carrier change order; 11 (B) The decision to change the preferred 12 carrier from the current telecommunications carrier 13 to the soliciting telecommunications carrier; 14 (C) That the subscriber designates (insert the 15 name of the submitting carrier) to act as the 16 subscriber's agent for the preferred carrier change; 17 (D) That the subscriber understands that only 18 one telecommunications carrier may be designated as 19 the subscriber's interstate or interLATA preferred 20 interexchange carrier for any one telephone number. 21 To the extent that a jurisdiction allows the 22 selection of additional preferred carriers (e.g., 23 local exchange, intraLATA/intrastate toll, 24 interLATA/interstate toll, or international 25 interexchange) the letter of agency must contain 26 separate statements regarding those choices, 27 although a separate letter of agency for each choice 28 is not necessary; and 29 (E) That the subscriber may consult with the 30 carrier as to whether a fee will apply to the change 31 in the subscriber's preferred carrier. 32 (6) Any carrier designated in a letter of agency as 33 a preferred carrier must be the carrier directly setting 34 the rates for the subscriber. -79- LRB9201430LDcsam01 1 (7) Letters of agency shall not suggest or require 2 that a subscriber take some action in order to retain the 3 subscriber's current telecommunications carrier. 4 (8) If any portion of a letter of agency is 5 translated into another language then all portions of the 6 letter of agency must be translated into that language. 7 Every letter of agency must be translated into the same 8 language as any promotional materials, oral descriptions, 9 or instructions provided with the letter of agency. 10 (9) Letters of agency submitted with an 11 electronically signed authorization must include the 12 consumer disclosures required by Section 101(c) of the 13 Electronic Signatures in Global and National Commerce 14 Act. 15 (10) A telecommunications carrier shall submit a 16 preferred carrier change order on behalf of a subscriber 17 within no more than 60 days after obtaining a written or 18 electronically signed letter of agency. 19 (11) If a telecommunications carrier uses a letter 20 of agency, the carrier shall send a letter to the 21 subscriber using first class mail, postage prepaid, no 22 later than 10 days after the telecommunications carrier 23 submitting the change in the subscriber's 24 telecommunications carrier is on notice that the change 25 has occurred. The letter must inform the subscriber of 26 the details of the telecommunications carrier change and 27 provide the subscriber with a toll free number to call 28 should the subscriber wish to cancel the change. 29 (e) A switch in a subscriber's selection of a provider 30 of telecommunications service that complies with the rules 31 promulgated by the Federal Communications Commission and any 32 amendments thereto shall be deemed to be in compliance with 33 the provisions of this Section. 34 (f) The Commission shall promulgate any rules necessary -80- LRB9201430LDcsam01 1 to administer this Section. The rules promulgated under this 2 Section shall comport with the rules, if any, promulgated by 3 the Attorney General pursuant to the Consumer Fraud and 4 Deceptive Business Practices Act and with any rules 5 promulgated by the Federal Communications Commission. 6 (g) Complaints may be filed with the Commission under 7 this Section by a subscriber whose telecommunications service 8 has been provided by an unauthorized telecommunications 9 carrier as a result of an unreasonable delay, by a subscriber 10 whose telecommunications carrier has been changed to another 11 telecommunications carrier in a manner not in compliance with 12 this Section, by a subscriber's authorized 13 telecommunications carrier that has been removed as a 14 subscriber's telecommunications carrier in a manner not in 15 compliance with this Section, by a subscriber's authorized 16 submitting carrier whose change order was delayed 17 unreasonably, or by the Commission on its own motion. Upon 18 filing of the complaint, the parties may mutually agree to 19 submit the complaint to the Commission's established 20 mediation process. Remedies in the mediation process may 21 include, but shall not be limited to, the remedies set forth 22 in this subsection. In its discretion, the Commission may 23 deny the availability of the mediation process and submit the 24 complaint to hearings. If the complaint is not submitted to 25 mediation or if no agreement is reached during the mediation 26 process, hearings shall be held on the complaint. If, after 27 notice and hearing, the Commission finds that a 28 telecommunications carrier has violated this Section or a 29 rule promulgated under this Section, the Commission may in 30 its discretion do any one or more of the following: 31 (1) Require the violating telecommunications 32 carrier to refund to the subscriber all fees and charges 33 collected from the subscriber for services up to the time 34 the subscriber receives written notice of the fact that -81- LRB9201430LDcsam01 1 the violating carrier is providing telecommunications 2 service to the subscriber, including notice on the 3 subscriber's bill. For unreasonable delays wherein 4 telecommunications service is provided by an unauthorized 5 carrier, the Commission may require the violating carrier 6 to refund to the subscriber all fees and charges 7 collected from the subscriber during the unreasonable 8 delay. The Commission may order the remedial action 9 outlined in this subsection only to the extent that the 10 same remedial action is allowed pursuant to rules or 11 regulations promulgated by the Federal Communications 12 Commission. 13 (2) Require the violating telecommunications 14 carrier to refund to the subscriber charges collected in 15 excess of those that would have been charged by the 16 subscriber's authorized telecommunications carrier. 17 (3) Require the violating telecommunications 18 carrier to pay to the subscriber's authorized 19 telecommunications carrier the amount the authorized 20 telecommunications carrier would have collected for the 21 telecommunications service. The Commission is authorized 22 to reduce this payment by any amount already paid by the 23 violating telecommunications carrier to the subscriber's 24 authorized telecommunications carrier for those 25 telecommunications services. 26 (4) Require the violating telecommunications 27 carrier to pay a fine of up to $1,000 into the Public 28 Utility Fund for each repeated and intentional violation 29 of this Section. 30 (5) Issue a cease and desist order. 31 (6) For a pattern of violation of this Section or 32 for intentionally violating a cease and desist order, 33 revoke the violating telecommunications carrier's 34 certificate of service authority.Rules for verification-82- LRB9201430LDcsam01 1of a subscriber's change in telecommunications carrier or2addition to a subscriber's service.3(a) As used in this Section, "subscriber" means a4telecommunications carrier's retail business customer served5by not more than 20 lines or a retail residential customer,6and "telecommunications carrier" has the meaning given in7Section 13-202 of the Public Utilities Act, except that8"telecommunications carrier" does not include a provider of9commercial mobile radio services (as defined by 47 U.S.C.10332(d)(1)).11(b) A subscriber's presubscription of a primary exchange12or interexchange telecommunications carrier may not be13switched to another telecommunications carrier without the14subscriber's authorization.15(c) A telecommunications carrier shall not effectuate a16change to a subscriber's telecommunications services by17providing an additional telecommunications service that18results in an additional monthly charge to the subscriber19(herein referred to as an "additional telecommunications20service") without following the subscriber notification21procedures set forth in this Section. An "additional22telecommunications service" does not include making available23any additional telecommunications services on a subscriber's24line when the subscriber activates and pays for the services25on a per use basis.26(d) It is the responsibility of the company or carrier27requesting a change in a subscriber's telecommunications28carrier to obtain the subscriber's authorization for the29change whenever the company or carrier acts as a subscriber's30agent with respect to the change.31(e) A company or telecommunications carrier submitting a32change in a subscriber's primary exchange or interexchange33telecommunications carrier as described in subsection (d)34shall be solely responsible for providing written notice of-83- LRB9201430LDcsam01 1the change to the subscriber in accordance with this Section,2or for obtaining verification of the subscriber's assent to3the change in accordance with this Section. In addition, a4telecommunications carrier that provides any additional5telecommunications service to a subscriber shall be solely6responsible for providing written notice of the additional7telecommunications service to the subscriber in accordance8with this Section, or for obtaining verification of the9subscriber's assent to the additional telecommunications10service in accordance with this Section.11(1) If the company or telecommunications carrier12elects to provide written notice in accordance with this13Section, the notice shall be provided as follows:14(A) A letter to the subscriber must be mailed15using first class mail, postage prepaid, no later16than 10 days after the telecommunications carrier17submitting the change in the subscriber's primary18exchange or interexchange telecommunications carrier19is on notice that the change has occurred or no20later than 10 days after initiation of an additional21telecommunications service has occurred.22(B) The letter must be a separate document23sent for the sole purpose of describing the changes24or additions authorized by the subscriber.25(C) The letter must be printed with 10 point26or larger type and contain clear and plain language27that confirms the details of a change in the28presubscribed telecommunications carrier or of the29addition of the telecommunications service and30provides the subscriber with a toll free number to31call should the subscriber wish to cancel the change32or make additional changes.33(2) If the company or telecommunications carrier34elects to obtain verification in accordance with this-84- LRB9201430LDcsam01 1Section, verification shall be obtained as follows:2(A) Verification shall be obtained by an3independent third-party that:4(i) operates from a facility physically5separate from that of the telecommunications6carrier or company seeking the change or7addition of service;8(ii) is not directly or indirectly9managed, controlled, directed, or owned wholly10or in part by the telecommunications carrier or11company seeking the change or addition of12telecommunications services;13(iii) does not derive commissions or14compensation based upon the number of sales,15changes, or additions confirmed; and16(iv) shall retain records of the17confirmation of sales or changes for 24 months.18(B) The third-party verification agent shall19state to the subscriber, and shall obtain the20subscriber's acknowledgement to, the following21disclosures:22(i) the consumer's name, address, and the23telephone numbers of all telephone lines that24will be changed or to which additional25telecommunications services will be added;26(ii) the names of the telecommunications27carrier or company that is replacing the28previous presubscribed telecommunications29carrier or adding a telecommunications service30to the subscriber's account and, where31applicable, the name of the carriers being32replaced;33(iii) in cases where verification is34sought for the subscriber's presubscribed-85- LRB9201430LDcsam01 1telecommunications carrier, that for each line2the subscriber can designate only one3presubscribed telecommunications carrier to4handle each of the subscriber's local, long5distance, or local toll service depending upon6which presubscribed telecommunications service7or services are being verified; and8(iv) the fact that a fee may be imposed9on the subscriber for the change of primary10exchange or interexchange telecommunications11carriers or that a monthly recurring fee may be12charged for the additional service, if that is13the case.14(C) The third-party verification agent shall15obtain verification no later than 3 days after the16carrier submitting a change in the subscriber's17primary exchange or interexchange telecommunications18carrier is on notice that the change has occurred or19no later than 3 days after initiation of an20additional telecommunications service has occurred.21(D) The telecommunications company or carrier22seeking to implement the change in service or23additional service may connect the subscriber to the24verification agent, provided that all of the25requirements for verification by a third party as26set forth in this Section are otherwise complied27with fully.28(3) The verification or notice requirements29described in this subsection shall apply to all changes30to a subscriber's presubscription of a primary exchange31or interexchange telecommunications carrier, whether the32change was initiated through an inbound call initiated by33the customer or outbound telemarketing. Where a34subscriber's telecommunications services are changed by-86- LRB9201430LDcsam01 1the provision of an additional telecommunications2service, the verification or notice requirements3described in this subsection shall apply if the change4was initiated through outbound telemarketing. Where a5subscriber's telecommunications services are changed by6the provision of an additional telecommunications service7and the change was initiated through inbound8telemarketing, the telecommunications carrier shall9comply with all rules or regulations promulgated by the10Federal Communications Commission.11(4) Verifications conducted or obtained in a manner12not in compliance with this Section or notice given in a13manner not in compliance with this Section shall be void14and without effect.15(f) The Commission shall promulgate any rules necessary16to ensure that the primary exchange or interexchange17telecommunications carrier of a subscriber is not changed to18another telecommunications carrier or that an additional19telecommunications service is not added without the20subscriber's authorization. The rules promulgated under this21Section shall comport with the rules, if any, promulgated by22the Attorney General pursuant to the Consumer Fraud and23Deceptive Business Practices Act and with any rules24promulgated by the Federal Communications Commission.25(g) Complaints may be filed with the Commission under26this Section by a subscriber whose primary exchange or27interexchange carrier has been changed to another28telecommunications carrier without authorization or who has29been provided an additional telecommunications service not30ordered by the subscriber, by a telecommunications carrier31that has been removed as a subscriber's primary exchange or32interexchange telecommunications carrier without33authorization, or by the Commission on its own motion. Upon34filing of the complaint, the parties may mutually agree to-87- LRB9201430LDcsam01 1submit the complaint to the Commission's established2mediation process. Remedies in the mediation process may3include, but shall not be limited to, the remedies set forth4in paragraphs (1) through (5) of this subsection. In its5discretion, the Commission may deny the availability of the6mediation process and submit the complaint to hearings. If7the complaint is not submitted to mediation or if no8agreement is reached during the mediation process, hearings9shall be held on the complaint pursuant to Article 10 of this10Act. If after notice and hearing, the Commission finds that11a telecommunications carrier has violated this Section or a12rule promulgated under this Section, the Commission may in13its discretion order any one or more of the following:14(1) In case of an unauthorized change in a15subscriber's primary exchange or interexchange16telecommunications carrier, require the violating17telecommunications carrier to refund to the subscriber18all fees and charges collected from the subscriber for19services up to the time the subscriber receives written20notice of the fact that the violating carrier is21providing telecommunications service to the subscriber.22For a carrier that elects to provide written notice of a23change in a subscriber's primary exchange or24interexchange carrier, notice consistent with paragraph25(1) of subsection (e) shall be deemed to be receipt of26notice by the subscriber for purposes of this paragraph.27For a carrier that elects to obtain verification of a28change in a subscriber's primary exchange or29interexchange carrier consistent with paragraph (2) of30subsection (e) of this Section, either the first31correspondence from the carrier that notifies the32customer of the change or the subscriber's first bill for33services, whichever is mailed first, shall be deemed to34be receipt of notice by the subscriber for purposes of-88- LRB9201430LDcsam01 1this paragraph. The Commission may order the remedial2action outlined in this subsection only to the extent3that the same remedial action is allowed pursuant to4rules or regulations promulgated by the Federal5Communications Commission.6(2) In case of an unauthorized change in the7primary exchange or interexchange telecommunications8carrier, require the violating telecommunications carrier9to refund to the subscriber charges collected in excess10of those that would have been charged by the subscriber's11chosen telecommunications carrier.12(3) In case of an unauthorized change in the13primary exchange or interexchange telecommunications14carrier, require the violating telecommunications carrier15to pay to the subscriber's chosen telecommunications16carrier the amount the chosen telecommunications carrier17would have collected for the telecommunications service.18The Commission is authorized to reduce this payment by19any amount already paid by the violating20telecommunications carrier to the subscriber's chosen21telecommunications carrier for those telecommunications22services.23(4) Require the violating telecommunications24carrier to pay a fine of up to $1,000 into the Public25Utility Fund for each repeated and intentional violation26of this Section.27(5) In the case of an unauthorized additional28telecommunications service, require the violating carrier29to refund or cancel all charges for telecommunications30services or products provided without a subscriber's31authorization.32(6) Issue a cease and desist order.33(7) For a pattern of violation of this Section or34for intentionally violating a cease and desist order,-89- LRB9201430LDcsam01 1revoke the violating telecommunications carrier's2certificate of service authority.3 (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.) 4 (220 ILCS 5/13-903 new) 5 Sec. 13-903. Authorization, verification or 6 notification, and dispute resolution for covered product and 7 service charges on the telephone bill. 8 (a) Definitions. As used in this Section: 9 (1) "Subscriber" means a telecommunications 10 carrier's retail business customer served by not more 11 than 20 lines or a retail residential customer. 12 (2) "Telecommunications carrier" has the meaning 13 given in Section 13-202 of the Public Utilities Act and 14 includes agents and employees of a telecommunications 15 carrier, except that "telecommunications carrier" does 16 not include a provider of commercial mobile radio 17 services (as defined by 47 U.S.C. 332(d)(1)). 18 (b) Applicability of Section. This Section does not 19 apply to: 20 (1) changes in a subscriber's local exchange 21 telecommunications service or interexchange 22 telecommunications service; 23 (2) message telecommunications charges that are 24 initiated by dialing 1+, 0+, 0-, 1010XXX, or collect 25 calls and charges for video services if the service 26 provider has the necessary call detail record to 27 establish the billing for the call or service; and 28 (3) telecommunications services available on a 29 subscriber's line when the subscriber activates and pays 30 for the services on a per use basis. 31 (c) Requirements for billing authorized charges. A 32 telecommunications carrier shall meet all of the following 33 requirements before submitting charges for any product or -90- LRB9201430LDcsam01 1 service to be billed on any subscriber's telephone bill: 2 (1) Inform the subscriber. The telecommunications 3 carrier offering the product or service must thoroughly 4 inform the subscriber of the product or service being 5 offered, including all associated charges, and explicitly 6 inform the subscriber that the associated charges for the 7 product or service will appear on the subscriber's 8 telephone bill. 9 (2) Obtain subscriber authorization. The 10 subscriber must have clearly and explicitly consented to 11 obtaining the product or service offered and to having 12 the associated charges appear on the subscriber's 13 telephone bill. The consent must be verified by the 14 service provider in accordance with subsection (d) of 15 this Section. A record of the consent must be maintained 16 by the telecommunications carrier offering the product or 17 service for at least 24 months immediately after the 18 consent and verification were obtained. 19 (d) Verification or notification. Except in 20 subscriber-initiated transactions with a certificated 21 telecommunications carrier for which the telecommunications 22 carrier has the appropriate documentation, the 23 telecommunications carrier, after obtaining the subscriber's 24 authorization in the required manner, shall either verify the 25 authorization or notify the subscriber as follows: 26 (1) Independent third-party verification: 27 (A) Verification shall be obtained by an 28 independent third party that: 29 (i) operates from a facility physically 30 separate from that of the telecommunications 31 carrier; 32 (ii) is not directly or indirectly 33 managed, controlled, directed, or owned wholly 34 or in part by the telecommunications carrier or -91- LRB9201430LDcsam01 1 the carrier's marketing agent; and 2 (iii) does not derive commissions or 3 compensation based upon the number of sales 4 confirmed. 5 (B) The third-party verification agent shall 6 state, and shall obtain the subscriber's 7 acknowledgment of, the following disclosures: 8 (i) the subscriber's name, address, and 9 the telephone numbers of all telephone lines 10 that will be charged for the product or service 11 of the telecommunications carrier; 12 (ii) that the person speaking to the 13 third party verification agent is in fact the 14 subscriber; 15 (iii) that the subscriber wishes to 16 purchase the product or service of the 17 telecommunications carrier and is agreeing to 18 do so; 19 (iv) that the subscriber understands that 20 the charges for the product or service of the 21 telecommunications carrier will appear on the 22 subscriber's telephone bill; and 23 (v) the name and customer service 24 telephone number of the telecommunications 25 carrier. 26 (C) The telecommunications carrier shall 27 retain, electronically or otherwise, proof of the 28 verification of sales for a minimum of 24 months. 29 (2) Notification. Written notification shall be 30 provided as follows: 31 (A) the telecommunications carrier shall mail 32 a letter to the subscriber using first class mail, 33 postage prepaid, no later than 10 days after 34 initiation of the product or service; -92- LRB9201430LDcsam01 1 (B) the letter shall be a separate document 2 sent for the sole purpose of describing the product 3 or service of the telecommunications carrier; 4 (C) the letter shall be printed with 10-point 5 or larger type and clearly and conspicuously 6 disclose the material terms and conditions of the 7 offer of the telecommunications carrier, as 8 described in paragraph (1) of subsection (c); 9 (D) the letter shall contain a toll-free 10 telephone number the subscriber can call to cancel 11 the product or service; 12 (E) the telecommunications carrier shall 13 retain, electronically or otherwise, proof of 14 written notification for a minimum of 24 months; and 15 (F) Written notification can be provided via 16 electronic mail if consumers are given the 17 disclosures required by Section 101(c) of the 18 Electronic Signatures In Global And National 19 Commerce Act. 20 (e) Unauthorized charges. 21 (1) Responsibilities of the billing 22 telecommunications carrier for unauthorized charges. If 23 a subscriber's telephone bill is charged for any product 24 or service without proper subscriber authorization and 25 verification or notification of authorization in 26 compliance with this Section, the telecommunications 27 carrier that billed the subscriber, on its knowledge or 28 notification of any unauthorized charge, shall promptly, 29 but not later than 45 days after the date of the 30 knowledge or notification of an unauthorized charge: 31 (A) notify the product or service provider to 32 immediately cease charging the subscriber for the 33 unauthorized product or service; 34 (B) remove the unauthorized charge from the -93- LRB9201430LDcsam01 1 subscriber's bill; and 2 (C) refund or credit to the subscriber all 3 money that the subscriber has paid for any 4 unauthorized charge. 5 (f) The Commission shall promulgate any rules necessary 6 to ensure that subscribers are not billed on the telephone 7 bill for products or services in a manner not in compliance 8 with this Section. The rules promulgated under this Section 9 shall comport with the rules, if any, promulgated by the 10 Attorney General pursuant to the Consumer Fraud and Deceptive 11 Business Practices Act and with any rules promulgated by the 12 Federal Communications Commission or Federal Trade 13 Commission. 14 (g) Complaints may be filed with the Commission under 15 this Section by a subscriber who has been billed on the 16 telephone bill for products or services not in compliance 17 with this Section or by the Commission on its own motion. 18 Upon filing of the complaint, the parties may mutually agree 19 to submit the complaint to the Commission's established 20 mediation process. Remedies in the mediation process may 21 include, but shall not be limited to, the remedies set forth 22 in paragraphs (1) through (4) of this subsection. In its 23 discretion, the Commission may deny the availability of the 24 mediation process and submit the complaint to hearings. If 25 the complaint is not submitted to mediation or if no 26 agreement is reached during the mediation process, hearings 27 shall be held on the complaint pursuant to Article 10 of this 28 Act. If after notice and hearing, the Commission finds that 29 a telecommunications carrier has violated this Section or a 30 rule promulgated under this Section, the Commission may in 31 its discretion order any one or more of the following: 32 (1) Require the violating telecommunications 33 carrier to pay a fine of up to $1,000 into the Public 34 Utility Fund for each repeated and intentional violation -94- LRB9201430LDcsam01 1 of this Section. 2 (2) Require the violating carrier to refund or 3 cancel all charges for products or services not billed in 4 compliance with this Section. 5 (3) Issue a cease and desist order. 6 (4) For a pattern of violation of this Section or 7 for intentionally violating a cease and desist order, 8 revoke the violating telecommunications carrier's 9 certificate of service authority. 10 (220 ILCS 5/13-1200 new) 11 Sec. 13-1200. Repealer. This Article is repealed July 12 1, 2005. 13 (220 ILCS 5/13-803 rep.) 14 Section 25. The Public Utilities Act is amended by 15 repealing Section 13-803. 16 Section 30. The Consumer Fraud and Deceptive Business 17 Practices Act is amended by changing Section 2DD as 18 follows: 19 (815 ILCS 505/2DD) 20 Sec. 2DD. Telecommunication service provider selection. 21 A telecommunication carrier shall not submit or execute a 22 change in a subscriber's selection of a provider of local 23 exchange telecommunications service or interexchange 24 telecommunications service or offer or provide a product or 25 service to be billed on the telephone bill as provided in 26 Sections 13-902 and 13-903any additional telecommunications27service as defined in Section 13-902of the Public Utilities 28 Act except in accordance with (i) the verification procedures 29 adopted by the Federal Communications Commission under the 30 Communications Act of 1996, including subpart K of 47 CFR 64, -95- LRB9201430LDcsam01 1 as those procedures are from time to time amended, and (ii) 2 Sections 13-902 and 13-903Section 13-902of the Public 3 Utilities Act and any rules adopted by the Illinois Commerce 4 Commission under the authority of that Section as those rules 5 are from time to time amended. A telecommunications carrier 6 that violates this Section commits an unlawful practice 7 within the meaning of this Act. 8 (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.) 9 Section 99. Effective date. This Act takes effect June 10 30, 2001.".