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92_SB0010ham002 LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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- LRB9201430LDcsam02 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) Any telecommunications carrier subject to any action 7 or proceeding pending before the Commission on the effective 8 date of this amendatory Act of the 92nd General Assembly in 9 which it is alleged that the telecommunications carrier has 10 improperly classified services as competitive shall, upon the 11 abatement of any and all such pending actions pursuant to the 12 provisions of this Section 13-505.2, commit to invest an 13 additional $1,000,000,000 in its network infrastructure in 14 Illinois between January 1, 2000 and June 30, 2005, over and 15 above any existing investment commitment contained in any 16 merger order heretofore entered pursuant to Section 7-204 of 17 the Public Utilities Act. 18 (g) All other services shall be classified pursuant to 19 Section 13-502 of this Act. 20 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509) 21 (Section scheduled to be repealed on July 1, 2001) 22 Sec. 13-509. Agreements for provisions of competitive 23 telecommunications services differing from tariffs. A 24 telecommunications carrier may negotiate with customers or 25 prospective customers to provide competitive 26 telecommunications service, and in so doing, may offer or 27 agree to provide such service on such terms and for such 28 rates or charges as are reasonable, without regard to any 29 tariffs it may have filed with the Commission with respect to 30 such services. Within 3010business days after executing 31 any such agreement, the telecommunications carrier shall file 32 any contract or memorandum of understanding for the provision 33 of telecommunications service, which shall include the rates -41- LRB9201430LDcsam02 1 or other charges, practices, rules or regulations applicable 2 to the agreed provision of such service. Any cost support 3 required to be filed with the agreement by some other Section 4 of this Act shall be filed within 30 businesscalendardays 5 after executing any such agreement. Where the agreement 6 contains the same rates, charges, practices, rules, and 7 regulations found in a single contract or memorandum already 8 filed by the telecommunications carrier with the Commission, 9 instead of filing the contract or memorandum, the 10 telecommunications carrier may elect to file a letter 11 identifying the new agreement and specifically referencing 12 the contract or memorandum already on file with the 13 Commission which contains the same provisions. A single 14 letter may be used to file more than one new agreement. Upon 15 filing its contract or memorandum, or letter, the 16 telecommunications carrier shall thereafter provide service 17 according to the terms thereof, unless the Commission finds, 18 after notice and hearing, that the continued provision of 19 service pursuant to such contract or memorandum would 20 substantially and adversely affect the financial integrity of 21 the telecommunications carrier or would violate any other 22 provision of this Act. 23 Any contract or memorandum entered into and filed 24 pursuant to the provisions of this Section may, in the 25 Commission's discretion, be accorded proprietary treatment. 26 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) 27 (220 ILCS 5/13-514) 28 (Section scheduled to be repealed on July 1, 2001) 29 Sec. 13-514. Prohibited Actions of Telecommunications 30 Carriers. A telecommunications carrier shall not knowingly 31 impede the development of competition in any 32 telecommunications service market. The following prohibited 33 actions are considered per se impediments to the development -42- LRB9201430LDcsam02 1 of competition; however, the Commission is not limited in any 2 manner to these enumerated impediments and may consider other 3 actions which impede competition to be prohibited: 4 (1) unreasonably refusing or delaying interconnections 5 or collocation or providing inferior connections to another 6 telecommunications carrier; 7 (2) unreasonably impairing the speed, quality, or 8 efficiency of services used by another telecommunications 9 carrier; 10 (3) unreasonably denying a request of another provider 11 for information regarding the technical design and features, 12 geographic coverage, information necessary for the design of 13 equipment, and traffic capabilities of the local exchange 14 network except for proprietary information unless such 15 information is subject to a proprietary agreement or 16 protective order; 17 (4) unreasonably delaying access in connecting another 18 telecommunications carrier to the local exchange network 19 whose product or service requires novel or specialized access 20 requirements; 21 (5) unreasonably refusing or delaying access by any 22 person to another telecommunications carrier; 23 (6) unreasonably acting or failing to act in a manner 24 that has a substantial adverse effect on the ability of 25 another telecommunications carrier to provide service to its 26 customers; 27 (7) unreasonably failing to offer services to customers 28 in a local exchange, where a telecommunications carrier is 29 certificated to provide service and has entered into an 30 interconnection agreement for the provision of local exchange 31 telecommunications services, with the intent to delay or 32 impede the ability of the incumbent local exchange 33 telecommunications carrier to provide inter-LATA 34 telecommunications services;and-43- LRB9201430LDcsam02 1 (8) violating the terms of or unreasonably delaying 2 implementation of an interconnection agreement entered into 3 pursuant to Section 252 of the federal Telecommunications Act 4 of 1996 in a manner that unreasonably delays, increases the 5 cost, or impedes the availability of telecommunications 6 services to consumers;.7 (9) unreasonably refusing or delaying access to or 8 provision of operation support systems to another 9 telecommunications carrier or providing inferior operation 10 support systems to another telecommunications carrier; 11 (10) unreasonably failing to offer network elements that 12 the Commission or the Federal Communications Commission has 13 determined must be offered on an unbundled basis to another 14 telecommunications carrier in a manner consistent with the 15 Commission's or Federal Communications Commission's orders or 16 rules requiring such offerings; 17 (11) violating the obligations of Section 13-801; and 18 (12) violating an order of the Commission involving 19 telecommunications carriers. 20 (Source: P.A. 90-185, eff. 7-23-97.) 21 (220 ILCS 5/13-515) 22 (Section scheduled to be repealed on July 1, 2001) 23 Sec. 13-515. Enforcement. 24 (a) The following expedited procedures shall be used to 25 enforce the provisions of Section 13-514 of this Actexcept26as provided in subsection (b). However, the Commission, the 27 complainant, and the respondent may mutually agree to adjust 28 the procedures established in this Section.If the29Commission determines, pursuant to subsection (b), that the30procedural provisions of this Section do not apply, the31complaint shall continue pursuant to the general complaint32provisions of Article X.33 (b) (Blank).The provisions of this Section shall not-44- LRB9201430LDcsam02 1apply to an allegation of a violation of item (8) of Section213-514 by a Bell operating company, as defined in Section 33of the federal Telecommunications Act of 1996, unless and4until such company or its affiliate is authorized to provide5inter-LATA services under Section 271(d) of the federal6Telecommunications Act of 1996; provided, however, that a7complaint setting forth a separate independent basis for a8violation of Section 13-514 may proceed under this Section9notwithstanding that the alleged acts or omissions may also10constitute a violation of item (8) of Section 13-514.11 (c) No complaint may be filed under this Section until 12 the complainant has first notified the respondent of the 13 alleged violation and offered the respondent 48 hours to 14 correct the situation. Provision of notice and the 15 opportunity to correct the situation creates a rebuttable 16 presumption of knowledge under Section 13-514. After the 17 filing of a complaint under this Section, the parties may 18 agree to follow the mediation process under Section 10-101.1 19 of this Act. The time periods specified in subdivision 20 (d)(7) of this Section shall be tolled during the time spent 21 in mediation under Section 10-101.1. 22 (d) A telecommunications carrier may file a complaint 23 with the Commission alleging a violation of Section 13-514 in 24 accordance with this subsection: 25 (1) The complaint shall be filed with the Chief 26 Clerk of the Commission and shall be served in hand upon 27 the respondent, the executive director, and the general 28 counsel of the Commission at the time of the filing. 29 (2) A complaint filed under this subsection shall 30 include a statement that the requirements of subsection 31 (c) have been fulfilled and that the respondent did not 32 correct the situation as requested. 33 (3) Reasonable discovery specific to the issue of 34 the complaint may commence upon filing of the complaint. -45- LRB9201430LDcsam02 1 Requests for discovery must be served in hand and 2 responses to discovery must be provided in hand to the 3 requester within 14 days after a request for discovery is 4 made. 5 (4) An answer and any other responsive pleading to 6 the complaint shall be filed with the Commission and 7 served in hand at the same time upon the complainant, the 8 executive director, and the general counsel of the 9 Commission within 7 days after the date on which the 10 complaint is filed. 11 (5) If the answer or responsive pleading raises the 12 issue that the complaint violates subsection (i) of this 13 Section, the complainant may file a reply to such 14 allegation within 3 days after actual service of such 15 answer or responsive pleading. Within 4 days after the 16 time for filing a reply has expired, the hearing officer 17 or arbitrator shall either issue a written decision 18 dismissing the complaint as frivolous in violation of 19 subsection (i) of this Section including the reasons for 20 such disposition or shall issue an order directing that 21 the complaint shall proceed. 22 (6) A pre-hearing conference shall be held within 23 14 days after the date on which the complaint is filed. 24 (7) The hearing shall commence within 30 days of 25 the date on which the complaint is filed. The hearing 26 may be conducted by a hearing examiner or by an 27 arbitrator. Parties and the Commission staff shall be 28 entitled to present evidence and legal argument in oral 29 or written form as deemed appropriate by the hearing 30 examiner or arbitrator. The hearing examiner or 31 arbitrator shall issue a written decision within 60 days 32 after the date on which the complaint is filed. The 33 decision shall include reasons for the disposition of the 34 complaint and, if a violation of Section 13-514 is found, -46- LRB9201430LDcsam02 1 directions and a deadline for correction of the 2 violation. 3 (8) Any party may file a petition requesting the 4 Commission to review the decision of the hearing examiner 5 or arbitrator within 5 days of such decision. Any party 6 may file a response to a petition for review within 3 7 business days after actual service of the petition. 8 After the time for filing of the petition for review, but 9 no later than 15 days after the decision of the hearing 10 examiner or arbitrator, the Commission shall decide to 11 adopt the decision of the hearing examiner or arbitrator 12 or shall issue its own final order. 13 (e) If the alleged violation has a substantial adverse 14 effect on the ability of the complainant to provide service 15 to customers, the complainant may include in its complaint a 16 request for an order for emergency relief. The Commission, 17 acting through its designated hearing examiner or arbitrator, 18 shall act upon such a request within 2 business days of the 19 filing of the complaint. An order for emergency relief may 20 be granted, without an evidentiary hearing, upon a verified 21 factual showing that the party seeking relief will likely 22 succeed on the merits, that the party will suffer irreparable 23 harm in its ability to serve customers if emergency relief is 24 not granted, and that the order is in the public interest. 25 An order for emergency relief shall include a finding that 26 the requirements of this subsection have been fulfilled and 27 shall specify the directives that must be fulfilled by the 28 respondent and deadlines for meeting those directives. The 29 decision of the hearing examiner or arbitrator to grant or 30 deny emergency relief shall be considered an order of the 31 Commission unless the Commission enters its own order within 32 2 calendar days of the decision of the hearing examiner or 33 arbitrator. The order for emergency relief may require the 34 responding party to act or refrain from acting so as to -47- LRB9201430LDcsam02 1 protect the provision of competitive service offerings to 2 customers. Any action required by an emergency relief order 3 must be technically feasible and economically reasonable and 4 the respondent must be given a reasonable period of time to 5 comply with the order. 6 (f) The Commission is authorized to obtain outside 7 resources including, but not limited to, arbitrators and 8 consultants for the purposes of the hearings authorized by 9 this Section. Any arbitrator or consultant obtained by the 10 Commission shall be approved by both parties to the hearing. 11 The cost of such outside resources including, but not limited 12 to, arbitrators and consultants shall be borne by the 13 parties. The Commission shall review the bill for 14 reasonableness and assess the parties for reasonable costs 15 dividing the costs according to the resolution of the 16 complaint brought under this Section. Such costs shall be 17 paid by the parties directly to the arbitrators, consultants, 18 and other providers of outside resources within 60 days after 19 receiving notice of the assessments from the Commission. 20 Interest at the statutory rate shall accrue after expiration 21 of the 60-day period. The Commission, arbitrators, 22 consultants, or other providers of outside resources may 23 apply to a court of competent jurisdiction for an order 24 requiring payment. 25 (g) The Commission shall assess the parties under this 26 subsection for all of the Commission's costs of investigation 27 and conduct of the proceedings brought under this Section 28 including, but not limited to, the prorated salaries of 29 staff, attorneys, hearing examiners, and support personnel 30 and including any travel and per diem, directly attributable 31 to the complaint brought pursuant to this Section, but 32 excluding those costs provided for in subsection (f), 33 dividing the costs according to the resolution of the 34 complaint brought under this Section. All assessments made -48- LRB9201430LDcsam02 1 under this subsection shall be paid into the Public Utility 2 Fund within 60 days after receiving notice of the assessments 3 from the Commission. Interest at the statutory rate shall 4 accrue after the expiration of the 60 day period. The 5 Commission is authorized to apply to a court of competent 6 jurisdiction for an order requiring payment. 7 (h) If the Commission determines that there is an 8 imminent threat to competition or to the public interest, the 9 Commission may, notwithstanding any other provision of this 10 Act, seek temporary, preliminary, or permanent injunctive 11 relief from a court of competent jurisdiction either prior to 12 or after the hearing. 13 (i) A party shall not bring or defend a proceeding 14 brought under this Section or assert or controvert an issue 15 in a proceeding brought under this Section, unless there is a 16 non-frivolous basis for doing so. By presenting a pleading, 17 written motion, or other paper in complaint or defense of the 18 actions or inaction of a party under this Section, a party is 19 certifying to the Commission that to the best of that party's 20 knowledge, information, and belief, formed after a reasonable 21 inquiry of the subject matter of the complaint or defense, 22 that the complaint or defense is well grounded in law and 23 fact, and under the circumstances: 24 (1) it is not being presented to harass the other 25 party, cause unnecessary delay in the provision of 26 competitive telecommunications services to consumers, or 27 create needless increases in the cost of litigation; and 28 (2) the allegations and other factual contentions 29 have evidentiary support or, if specifically so 30 identified, are likely to have evidentiary support after 31 reasonable opportunity for further investigation or 32 discovery as defined herein. 33 (j) If, after notice and a reasonable opportunity to 34 respond, the Commission determines that subsection (i) has -49- LRB9201430LDcsam02 1 been violated, the Commission shall impose appropriate 2 sanctions upon the party or parties that have violated 3 subsection (i) or are responsible for the violation. The 4 sanctions shall be not more than $30,000$7,500, plus the 5 amount of expenses accrued by the Commission for conducting 6 the hearing. Payment of sanctions imposed under this 7 subsection shall be made to the Common School Fund within 30 8 days of imposition of such sanctions. 9 (k) An appeal of a Commission Order made pursuant to 10 this Section shall not effectuate a stay of the Order unless 11 a court of competent jurisdiction specifically finds that the 12 party seeking the stay will likely succeed on the merits, 13 that the party will suffer irreparable harm without the stay, 14 and that the stay is in the public interest. 15 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.) 16 (220 ILCS 5/13-516) 17 (Section scheduled to be repealed on July 1, 2001) 18 Sec. 13-516. Enforcement remediesPenaltiesforviolation19of a Commission order relating toprohibited actions byof20 telecommunications carriers. 21 (a) In addition to any other provision of this Act, all 22 of the following remedies may be applied for violations of 23 Section 13-514: 24 (1) A Commission order directing the violating 25 telecommunications carrier to cease and desist from 26 violating the Act or a Commission order or rule. 27 (2) Notwithstanding any other provision of this 28 Act, the Commission may impose penalties of up to $30,000 29 or 0.00825% of the carrier's gross intrastate annual 30 telecommunications revenue, whichever is greater, per 31 violation unless the carrier has fewer than 35,000 32 subscriber access lines, in which case the civil penalty 33 may not exceed $2,000 per violationof a final order or-50- LRB9201430LDcsam02 1emergency relief order issued pursuant to Section 13-5152of this Act. Penalties under this Section shall attach 3 and begin to accrue from the day after the date upon 4 which the Commission enters an order determining that the 5 corporation or person has violated or is in violation of 6 the order, decision, rule, regulation, direction, or 7 requirement of the Commission, or part or provision 8 thereof; or upon the day after the date upon which the 9 Commission enters an order directing the corporation or 10 person to cease and desist from violating the order, 11 decision, rule, regulation, direction, or requirement of 12 the Commission, or part or provision thereof; whichever 13 is the earlier. Each day of a continuing offense shall be 14 treated as a separate violation for purposes of levying 15 any penalty under this Section.The period for which the16fine shall be levied shall commence on the day the17Commission order requires compliance with the order and18shall continue until the party is in compliance with the19Commission order. 20 (3) The Commission shall award damages, attorney's 21 fees, and costs to any telecommunications carrier that 22 was subjected to a violation of Section 13-514. 23 (b) The Commission may waive penalties imposed under 24 subdivisionsubsection(a)(2) if it makes a written finding 25 as to its reasons for waiving the penaltyfine. Reasons for 26 waiving a penaltyfineshall include, but not be limited to, 27 technological infeasibility and acts of God. 28 (c) The Commission shall establish by rule procedures 29 for the imposition of remediespenaltiesunder subsection (a) 30 that, at a minimum, provide for notice, hearing and a written 31 order relating to the imposition of remediespenalties. 32 (d) Unless enforcement of an order entered by the 33 Commission under Section 13-515 otherwise directs or is 34 stayed by the Commission or by an appellate court reviewing -51- LRB9201430LDcsam02 1 the Commission's order, at any time after 30 days from the 2 entry of the order, either the Commission, or the 3 telecommunications carrier found by the Commission to have 4 been subjected to a violation of Section 13-514, or both, is 5 authorized to petition a court of competent jurisdiction for 6 an order at law or in equity requiring enforcement of the 7 Commission order. The court shall determine (1) whether the 8 Commission entered the order identified in the petition and 9 (2) whether the violating telecommunications carrier has 10 complied with the Commission's order. A certified copy of a 11 Commission order shall be prima facie evidence that the 12 Commission entered the order so certified. Pending the 13 court's resolution of the petition, the court may award 14 temporary or preliminary injunctive relief, or such other 15 equitable relief as may be necessary, to effectively 16 implement and enforce the Commission's order in a timely 17 manner. 18 If after a hearing the court finds that the Commission 19 entered the order identified in the petition and that the 20 violating telecommunications carrier has not complied with 21 the Commission's order, the court shall enter judgment 22 requiring the violating telecommunications carrier to comply 23 with the Commission's order and order such relief at law or 24 in equity as the court deems necessary to effectively 25 implement and enforce the Commission's order in a timely 26 manner. The court shall also award to the petitioner, or 27 petitioners, attorney's fees and costs, which shall be taxed 28 and collected as part of the costs of the case. 29 If the court finds that the violating telecommunications 30 carrier has failed to comply with the timely payment of 31 damages, attorney's fees, or costs ordered by the Commission, 32 the court shall order the violating telecommunications 33 carrier to pay to the telecommunications carrier or carriers 34 awarded the damages, fees, or costs by the Commission -52- LRB9201430LDcsam02 1 additional damages for the sake of example and by way of 2 punishment for the failure to timely comply with the order of 3 the Commission, unless the court finds a reasonable basis for 4 the violating telecommunications carrier's failure to make 5 timely payment according to the Commission's order, in which 6 instance the court shall establish a new date for payment to 7 be made.The Commission is authorized to apply to a court of8competent jurisdiction for an order requiring payment of9penalties imposed under subsection (a).10 (e) Payment of damages, attorney's fees, and costs 11penaltiesimposed under subsection (a) shall be made within 12 30 days after issuance of the Commission order imposing the 13 penalties, damages, attorney's fees, or costs, unless 14 otherwise directed by the Commission or a reviewing court 15 under an appeal taken pursuant to Article X. Payment of 16 penalties imposed under subsection (a) shall be made to the 17 Common School Fund within 30 days of issuance of the 18 Commission order imposing the penalties. 19 (Source: P.A. 90-185, eff. 7-23-97.) 20 (220 ILCS 5/13-517 new) 21 Sec. 13-517. Provision of advanced telecommunications 22 services. 23 (a) Every Incumbent Local Exchange Carrier 24 (telecommunications carrier that offers or provides a 25 noncompetitive telecommunications service) shall offer or 26 provide advanced telecommunications services to not less than 27 80% of its customers by January 1, 2005. 28 (b) The Commission is authorized to grant a full or 29 partial waiver of the requirements of this Section upon 30 verified petition of any Incumbent Local Exchange Carrier 31 ("ILEC") which demonstrates that full compliance with the 32 requirements of this Section would be unduly economically 33 burdensome or technically infeasible or otherwise impractical -53- LRB9201430LDcsam02 1 in exchanges with low population density. Notice of any such 2 petition must be given to all potentially affected customers. 3 If no potentially affected customer requests the opportunity 4 for a hearing on the waiver petition, the Commission may, in 5 its discretion, allow the waiver request to take affect 6 without hearing. The Commission shall grant such petition to 7 the extent that, and for such duration as, the Commission 8 determines that such waiver: 9 (1) is necessary: 10 (A) to avoid a significant adverse economic 11 impact on users of telecommunications services 12 generally; 13 (B) to avoid imposing a requirement that is 14 unduly economically burdensome; 15 (C) to avoid imposing a requirement that is 16 technically infeasible; or 17 (D) to avoid imposing a requirement that is 18 otherwise impractical to implement in exchanges with 19 low population density; and 20 (2) is consistent with the public interest, 21 convenience, and necessity. 22 The Commission shall act upon any petition filed under this 23 subsection within 180 days after receiving such petition. 24 The Commission may by rule establish standards for granting 25 any waiver of the requirements of this Section. The 26 Commission may, upon complaint or on its own motion, hold a 27 hearing to reconsider its grant of a waiver in whole or in 28 part. In the event that the Commission, following hearing, 29 determines that the affected ILEC no longer meets the 30 requirements of item (2) of this subsection, the Commission 31 shall by order rescind such waiver, in whole or in part. In 32 the event and to the degree the Commission rescinds such 33 waiver, the Commission shall establish an implementation 34 schedule for compliance with the requirements of this -54- LRB9201430LDcsam02 1 Section. 2 (c) As used in this Section, "advanced 3 telecommunications services" means services capable of 4 supporting, in at least one direction, a speed in excess of 5 200 kilobits per second (kbps) to the network demarcation 6 point at the subscriber's premises. 7 (220 ILCS 5/13-518 new) 8 Sec. 13-518. Optional service packages. 9 (a) It is the intent of this Section to provide 10 unlimited local service packages at prices that will result 11 in savings for the average consumer. Each telecommunications 12 carrier that provides competitive and noncompetitive 13 services, and that is subject to an alternative regulation 14 plan pursuant to Section 13-506.1 of this Article, shall 15 provide, in addition to such other services as it offers, the 16 following optional packages of services for a fixed monthly 17 rate, which, along with the terms and conditions thereof, the 18 Commission shall review, pursuant to Article IX of this Act, 19 to determine whether such rates, terms, and conditions are 20 fair, just, and reasonable. 21 (1) A budget package, which shall consist of 22 residential access service and unlimited local calls. 23 (2) A flat rate package, which shall consist of 24 residential access service, unlimited local calls, and 25 the customer's choice of 2 vertical services as defined 26 in this Section. 27 (3) An enhanced flat rate package, which shall 28 consist of residential access service for 2 lines, 29 unlimited local calls, the customer's choice of 2 30 vertical services as defined in this Section, and 31 unlimited local toll service. 32 (b) Nothing in this Section or this Act shall be 33 construed to prohibit any telecommunications carrier subject -55- LRB9201430LDcsam02 1 to this Section from charging customers who elect to take one 2 of the groups of services offered pursuant to this Section, 3 any applicable surcharges, fees, and taxes. 4 (c) The term "vertical services", when used in this 5 Section, includes, but is not necessarily limited to, call 6 waiting, call forwarding, 3-way calling, caller ID, call 7 tracing, automatic callback, repeat dialing, and voicemail. 8 (d) The service packages described in this Section shall 9 be defined as noncompetitive services. 10 (220 ILCS 5/13-712 new) 11 Sec. 13-712. Basic local exchange service quality; 12 customer credits. 13 (a) It is the intent of the General Assembly that every 14 telecommunications carrier meet minimum service quality 15 standards in providing basic local exchange service on a 16 non-discriminatory basis to all classes of customers. 17 (b) Definitions: 18 (1) "Alternative telephone service" means, except 19 where technically impracticable, a wireless telephone 20 capable of making local calls, and may also include, but 21 is not limited to, call forwarding, voice mail, or paging 22 services. 23 (2) "Basic local exchange service" means 24 residential and business lines used for local exchange 25 telecommunications service as defined in Section 13-204 26 of this Act, excluding: 27 (A) services that employ advanced 28 telecommunications capability as defined in Section 29 706(c)(1) of the federal Telecommunications Act of 30 1996; 31 (B) vertical services; 32 (C) company official lines; and 33 (D) records work only. -56- LRB9201430LDcsam02 1 (3) "Link Up" refers to the Link Up Assistance 2 program defined and established at 47 C.F.R. Section 3 54.411 et seq. as amended. 4 (c) The Commission shall promulgate service quality 5 rules for basic local exchange service, which may include 6 fines, penalties, customer credits, and other enforcement 7 mechanisms. In developing such service quality rules, the 8 Commission shall consider, at a minimum, the carrier's gross 9 annual intrastate revenue; the frequency, duration, and 10 recurrence of the violation; and the relative harm caused to 11 the affected customer or other users of the network. In 12 imposing fines, the Commission shall take into account 13 compensation or credits paid by the telecommunications 14 carrier to its customers pursuant to this Section in 15 compensation for the violation found pursuant to this 16 Section. These rules shall become effective within one year 17 after the effective date of this amendatory Act of the 92nd 18 General Assembly. 19 (d) The rules shall, at a minimum, require each 20 telecommunications carrier to do all of the following: 21 (1) Install basic local exchange service within 5 22 business days after receipt of an order from the customer 23 unless the customer requests an installation date that is 24 beyond 5 business days after placing the order for basic 25 service. If installation of service is requested on or 26 by a date more than 5 business days in the future, the 27 telecommunications carrier shall install service by the 28 date requested. A telecommunications carrier offering 29 basic local exchange service utilizing the network or 30 network elements of another carrier shall install new 31 lines for basic local exchange service within 3 business 32 days after provisioning of the line or lines by the 33 carrier whose network or network elements are being 34 utilized is complete. This subdivision (d)(1) does not -57- LRB9201430LDcsam02 1 apply to the migration of a customer between 2 telecommunications carriers, so long as the customer 3 maintains dial tone. 4 (2) Restore basic local exchange service for a 5 customer within 24 hours of receiving notice that a 6 customer is out of service. 7 (3) Keep all repair and installation appointments 8 for basic local exchange service, when a customer 9 premises visit requires a customer to be present. 10 (e) The rules shall include provisions for customers to 11 be credited by the telecommunications carrier for violations 12 of basic local exchange service quality standards as 13 described in subsection (d). The credits shall be applied on 14 the statement issued to the customer for the next monthly 15 billing cycle following the violation or following the 16 discovery of the violation. The performance levels 17 established in subsection (c) are solely for the purposes of 18 consumer credits and shall not be used as performance levels 19 for the purposes of assessing penalties under Section 13-305. 20 At a minimum, the rules shall include the following: 21 (1) If a carrier fails to repair an out-of-service 22 condition for basic local exchange service within 24 23 hours, the carrier shall provide a credit to the 24 customer. If the service disruption is for 48 hours or 25 less, the credit must be equal to a pro-rata portion of 26 the monthly recurring charges for all local services 27 disrupted. If the service disruption is for more than 48 28 hours, but not more than 72 hours, the credit must be 29 equal to at least 33% of one month's recurring charges 30 for all local services disrupted. If the service 31 disruption is for more than 72 hours, but not more than 32 96 hours, the credit must be equal to at least 67% of one 33 month's recurring charges for all local services 34 disrupted. If the service disruption is for more than 96 -58- LRB9201430LDcsam02 1 hours, but not more than 120 hours, the credit must be 2 equal to one month's recurring charges for all local 3 services disrupted. For each day that the service 4 disruption continues beyond the initial 120-hour period, 5 the carrier shall also provide either alternative 6 telephone service or an additional credit of $20 per day, 7 at the customers option. 8 (2) If a carrier fails to install basic local 9 exchange service within 5 business days after an 10 application for new service has been received by the 11 carrier, or fails to install the service by the 12 customer's requested installation date, if the requested 13 date was more than 5 business days after the date of the 14 application, the carrier shall waive 50% of any 15 installation charges, or where installation is pursuant 16 to the Link Up program, the carrier shall provide a 17 credit of $25. If a carrier fails to install service 18 within 10 business days after the service application is 19 placed, or fails to install service within 5 business 20 days after the customer's requested installation date, if 21 the requested date was more than 5 business days after 22 the date of the order, the carrier shall waive 100% of 23 the installation charge, or in the absence of an 24 installation charge where installation is provided 25 pursuant to the Link Up program, the carrier shall 26 provide a credit of $50. For each day that the failure 27 to install service continues beyond the initial 10 28 business days, or beyond 5 business days after the 29 customer's requested installation date, if the requested 30 date was more than 5 business days after the date of the 31 order, the carrier shall also provide either alternative 32 telephone service or an additional credit of $20 per day, 33 at the customer's option until service is installed. 34 (3) If a carrier fails to keep a scheduled repair -59- LRB9201430LDcsam02 1 or installation appointment when a customer premises 2 visit requires a customer to be present, the carrier 3 shall credit the customer $50 per missed appointment. A 4 credit required by this subsection does not apply when 5 the carrier provides the customer with 24-hour notice of 6 its inability to keep the appointment. 7 (4) If the violation of a basic local exchange 8 service quality standard is caused by a carrier other 9 than the carrier providing retail service to the 10 customer, the carrier providing service to the customer 11 shall credit the customer as provided in this Section. 12 The carrier causing the violation shall reimburse the 13 carrier providing retail service the amount credited the 14 customer. When applicable, an interconnection agreement 15 shall govern compensation between the carrier causing the 16 violation, in whole or in part, and the retail carrier 17 providing the credit to the customer. 18 (5) When alternative telephone service is 19 appropriate, the customer may select one of the 20 alternative telephone services offered by the carrier. 21 The alternative telephone service shall be provided at no 22 cost to the customer for the provision of local service. 23 (6) Credits required by this subsection do not 24 apply if the violation of a service quality standard: 25 (i) occurs as a result of a negligent or 26 willful act on the part of the customer; 27 (ii) occurs as a result of a malfunction of 28 customer-owned telephone equipment or inside wiring; 29 (iii) occurs as a result of, or is extended 30 by, an emergency situation as defined in Commission 31 rules; 32 (iv) is extended by the carrier's inability to 33 gain access to the customer's premises due to the 34 customer missing an appointment, provided that the -60- LRB9201430LDcsam02 1 violation is not further extended by the carrier; 2 (v) occurs as a result of a customer request 3 to change the scheduled appointment, provided that 4 the violation is not further extended by the 5 carrier; 6 (vi) occurs as a result of a carrier's right 7 to refuse service to a customer as provided in 8 Commission rules; or 9 (vii) occurs as a result of a lack of 10 facilities where a customer requests service at a 11 geographically remote location, a customer requests 12 service in a geographic area where the carrier is 13 not currently offering service, or there are 14 insufficient facilities to meet the customer's 15 request for service, subject to a carrier's 16 obligation for reasonable facilities planning. 17 (7) The provisions of this subsection are 18 cumulative and shall not in any way diminish or replace 19 other civil or administrative remedies available to a 20 customer or a class of customers. 21 (f) The rules shall require each telecommunications 22 carrier to provide to the Commission, on a quarterly basis 23 and in a form suitable for posting on the Commission's 24 website, a public report that includes performance data for 25 basic local exchange service quality of service. The 26 performance data shall be disaggregated for each geographic 27 area and each customer class of the State for which the 28 telecommunications carrier internally monitored performance 29 data as of a date 120 days preceding the effective date of 30 this amendatory Act of the 92nd General Assembly. The report 31 shall include, at a minimum, performance data on basic local 32 exchange service installations, lines out of service for more 33 than 24 hours, carrier response to customer calls, trouble 34 reports, and missed repair and installation commitments. -61- LRB9201430LDcsam02 1 (g) The Commission shall establish and implement carrier 2 to carrier wholesale service quality rules and establish 3 remedies to ensure enforcement of the rules. 4 (220 ILCS 5/13-713 new) 5 Sec. 13-713. Consumer complaint resolution process. 6 (a) It is the intent of the General Assembly that 7 consumer complaints against telecommunications carriers shall 8 be concluded as expeditiously as possible consistent with the 9 rights of the parties thereto to the due process of law and 10 protection of the public interest. 11 (b) The Commission shall promulgate rules that permit 12 parties to resolve disputes through mediation. A consumer 13 may request mediation upon completion of the Commission's 14 informal complaint process and prior to the initiation of a 15 formal complaint as described in Commission rules. 16 (c) A residential consumer or business consumer with 17 fewer than 20 lines shall have the right to request mediation 18 for resolution of a dispute with a telecommunications 19 carrier. The carrier shall be required to participate in 20 mediation at the consumer's request. 21 (d) The Commission may retain the services of an 22 independent neutral mediator or trained Commission staff to 23 facilitate resolution of the consumer dispute. The mediation 24 process must be completed no later than 45 days after the 25 consumer requests mediation. 26 (e) If the parties reach agreement, the agreement shall 27 be reduced to writing at the conclusion of the mediation. 28 The writing shall contain mutual conditions, payment 29 arrangements, or other terms that resolve the dispute in its 30 entirety. If the parties are unable to reach agreement or 31 after 45 days, whichever occurs first, the consumer may file 32 a formal complaint with the Commission as described in 33 Commission rules. -62- LRB9201430LDcsam02 1 (f) If either the consumer or the carrier fails to abide 2 by the terms of the settlement agreement, either party may 3 exercise any rights it may have as specified in the terms of 4 the agreement or as provided in Commission rules. 5 (g) All notes, writings and settlement discussions 6 related to the mediation shall be exempt from discovery and 7 shall be inadmissible in any agency or court proceeding. 8 (220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801) 9 (Section scheduled to be repealed on July 1, 2001) 10 Sec. 13-801. Incumbent local exchange carrier 11 obligations. 12 (a) This Section provides additional State requirements 13 contemplated by, but not inconsistent with, Section 261(c) of 14 the federal Telecommunications Act of 1996, and not preempted 15 by orders of the Federal Communications Commission. A 16 telecommunications carrier not subject to regulation under an 17 alternative regulation plan pursuant to Section 13-506.1 of 18 this Act shall not be subject to the provisions of this 19 Section, to the extent that this Section imposes requirements 20 or obligations upon the telecommunications carrier that 21 exceed or are more stringent than those obligations imposed 22 by Section 251 of the federal Telecommunications Act of 1996 23 and regulations promulgated thereunder. 24 An incumbent local exchange carrier shall provide a 25 requesting telecommunications carrier with interconnection, 26 collocation, network elements, and access to operations 27 support systems on just, reasonable, and nondiscriminatory 28 rates, terms, and conditions to enable the provision of any 29 and all existing and new telecommunications services within 30 the LATA. The Commission shall require the incumbent local 31 exchange carrier to provide interconnection, collocation, and 32 network elements in any manner technically feasible to the 33 fullest extent possible to implement the maximum development -63- LRB9201430LDcsam02 1 of competitive telecommunications services offerings. As used 2 in this Section, to the extent that interconnection, 3 collocation, or network elements have been deployed for or by 4 the incumbent local exchange carrier or one of its wireline 5 local exchange affiliates in any jurisdiction, it shall be 6 presumed that such is technically feasible in Illinois. 7 (b) Interconnection. 8 (1) An incumbent local exchange carrier shall 9 provide for the facilities and equipment of any 10 requesting telecommunications carrier's interconnection 11 with the incumbent local exchange carrier's network on 12 just, reasonable, and nondiscriminatory rates, terms, and 13 conditions: 14 (A) for the transmission and routing of local 15 exchange, and exchange access telecommunications 16 services; 17 (B) at any technically feasible point within 18 the incumbent local exchange carrier's network; 19 however, the incumbent local exchange carrier may 20 not require the requesting carrier to interconnect 21 at more than one technically feasible point within a 22 LATA; and 23 (C) that is at least equal in quality and 24 functionality to that provided by the incumbent 25 local exchange carrier to itself or to any 26 subsidiary, affiliate, or any other party to which 27 the incumbent local exchange carrier provides 28 interconnection. 29 (2) An incumbent local exchange carrier shall make 30 available to any requesting telecommunications carrier, 31 to the extent technically feasible, those services, 32 facilities, or interconnection agreements or arrangements 33 that the incumbent local exchange carrier or any of its 34 incumbent local exchange subsidiaries or affiliates -64- LRB9201430LDcsam02 1 offers in another state under the terms and conditions, 2 but not the stated rates, negotiated pursuant to Section 3 252 of the federal Telecommunications Act of 1996. Rates 4 shall be established in accordance with the requirements 5 of subsection (g) of this Section. An incumbent local 6 exchange carrier shall also make available to any 7 requesting telecommunications carrier, to the extent 8 technically feasible, and subject to the unbundling 9 provisions of Section 251(d)(2) of the federal 10 Telecommunications Act of 1996, those unbundled network 11 element or interconnection agreements or arrangements 12 that a local exchange carrier affiliate of the incumbent 13 local exchange carrier obtains in another state from the 14 incumbent local exchange carrier in that state, under the 15 terms and conditions, but not the stated rates, obtained 16 through negotiation, or through an arbitration initiated 17 by the affiliate, pursuant to Section 252 of the federal 18 Telecommunications Act of 1996. Rates shall be 19 established in accordance with the requirements of 20 subsection (g) of this Section. 21 (c) Collocation. An incumbent local exchange carrier 22 shall provide for physical or virtual collocation of any type 23 of equipment for interconnection or access to network 24 elements at the premises of the incumbent local exchange 25 carrier on just, reasonable, and nondiscriminatory rates, 26 terms, and conditions. The equipment shall include, but is 27 not limited to, optical transmission equipment, multiplexers, 28 remote switching modules, and cross-connects between the 29 facilities or equipment of other collocated carriers. The 30 equipment shall also include microwave transmission 31 facilities on the exterior and interior of the incumbent 32 local exchange carrier's premises used for interconnection 33 to, or for access to network elements of, the incumbent local 34 exchange carrier or a collocated carrier, unless the -65- LRB9201430LDcsam02 1 incumbent local exchange carrier demonstrates to the 2 Commission that it is not practical due to technical reasons 3 or space limitations. An incumbent local exchange carrier 4 shall allow, and provide for, the most reasonably direct and 5 efficient cross-connects, that are consistent with safety and 6 network reliability standards, between the facilities of 7 collocated carriers. An incumbent local exchange carrier 8 shall also allow, and provide for, cross connects between a 9 noncollocated telecommunications carrier's network elements 10 platform, or a noncollocated telecommunications carrier's 11 transport facilities, and the facilities of any collocated 12 carrier, consistent with safety and network reliability 13 standards. 14 (d) Network elements. The incumbent local exchange 15 carrier shall provide to any requesting telecommunications 16 carrier, for the provision of an existing or a new 17 telecommunications service, nondiscriminatory access to 18 network elements on any unbundled or bundled basis, as 19 requested, at any technically feasible point on just, 20 reasonable, and nondiscriminatory rates, terms, and 21 conditions. 22 (1) An incumbent local exchange carrier shall 23 provide unbundled network elements in a manner that 24 allows requesting telecommunications carriers to combine 25 those network elements to provide a telecommunications 26 service. 27 (2) An incumbent local exchange carrier shall not 28 separate network elements that are currently combined, 29 except at the explicit direction of the requesting 30 carrier. 31 (3) Upon request, an incumbent local exchange 32 carrier shall combine any sequence of unbundled network 33 elements that it ordinarily combines for itself to 34 provide local exchange services to residence and small -66- LRB9201430LDcsam02 1 business customers (customers with 4 or fewer access 2 lines), including but not limited to, unbundled network 3 elements identified in The Draft of the Proposed 4 Ameritech Illinois 271 Amendment (I2A) found in Schedule 5 SJA-4 attached to Exhibit 3.1 filed by Illinois Bell 6 Telephone Company on or about March 28, 2001 with the 7 Illinois Commerce Commission under Illinois Commerce 8 Commission Docket Number 00-0700. The Commission shall 9 determine those network elements the incumbent local 10 exchange carrier ordinarily combines for itself if there 11 is a dispute between the incumbent local exchange carrier 12 and the requesting telecommunications carrier under this 13 subdivision of this Section of this Act. 14 The incumbent local exchange carrier shall be 15 entitled to recover from the requesting 16 telecommunications carrier any just and reasonable 17 special construction costs incurred in combining such 18 unbundled network elements (i) if such costs are not 19 already included in the established price of providing 20 the network elements, (ii) if the incumbent local 21 exchange carrier charges such costs to its retail 22 telecommunications end users, and (iii) if fully 23 disclosed in advance to the requesting telecommunications 24 carrier. The Commission shall determine whether the 25 incumbent local exchange carrier is entitled to any 26 special construction costs if there is a dispute between 27 the incumbent local exchange carrier and the requesting 28 telecommunications carrier under this subdivision of this 29 Section of this Act. 30 (4) A telecommunications carrier may use a network 31 elements platform consisting solely of combined network 32 elements of the incumbent local exchange carrier to 33 provide end to end telecommunications service for the 34 provision of existing and new local exchange, -67- LRB9201430LDcsam02 1 interexchange that includes local, local toll, and 2 intraLATA toll telecommunications services to its own end 3 user customers within the LATA without the requesting 4 telecommunications carrier's provision or use of any 5 other facilities or functionalities. 6 (5) The Commission shall establish maximum time 7 periods for the incumbent local exchange carrier's 8 provision of network elements. The maximum time period 9 shall be no longer than the time period for the incumbent 10 local exchange carrier's provision of comparable retail 11 telecommunications services utilizing those network 12 elements. The Commission may establish a maximum time 13 period for a particular network element that is shorter 14 than for a comparable retail telecommunications service 15 offered by the incumbent local exchange carrier if a 16 requesting telecommunications carrier establishes that 17 it shall perform other functions or activities after 18 receipt of the particular network element to provide 19 telecommunications services to end users. The burden of 20 proof for establishing a maximum time period for a 21 particular network element that is shorter than for a 22 comparable retail telecommunications service offered by 23 the incumbent local exchange carrier shall be on the 24 requesting telecommunications carrier. Notwithstanding 25 any other provision of this Article, unless and until the 26 Commission establishes by rule or order a different 27 specific maximum time interval, the maximum time 28 intervals shall not exceed 5 business days for the 29 provision of unbundled loops, both digital and analog, 10 30 business days for the conditioning of unbundled loops or 31 for existing combinations of network elements for an end 32 user that has existing local exchange telecommunications 33 service, and one business day for the provision of the 34 high frequency portion of the loop (line-sharing) for at -68- LRB9201430LDcsam02 1 least 95% of the requests of each requesting 2 telecommunications carrier for each month. 3 In measuring the incumbent local exchange carrier's 4 actual performance, the Commission shall ensure that 5 occurrences beyond the control of the incumbent local 6 exchange carrier that adversely affect the incumbent 7 local exchange carrier's performance are excluded when 8 determining actual performance levels. Such occurrences 9 shall be determined by the Commission, but at a minimum 10 must include work stoppage or other labor actions and 11 acts of war. Exclusions shall also be made for 12 performance that is governed by agreements approved by 13 the Commission and containing timeframes for the same or 14 similar measures or for when a requesting 15 telecommunications carrier requests a longer time 16 interval. 17 (6) When a telecommunications carrier requests a 18 network elements platform referred to in subdivision 19 (d)(4) of this Section, without the need for field work 20 outside of the central office, for an end user that has 21 existing local exchange telecommunications service 22 provided by an incumbent local exchange carrier, or by 23 another telecommunications carrier through the incumbent 24 local exchange carrier's network elements platform, 25 unless otherwise agreed by the telecommunications 26 carriers, the incumbent local exchange carrier shall 27 provide the requesting telecommunications carrier with 28 the requested network elements platform within 3 business 29 days for at least 95% of the requests for each requesting 30 telecommunications carrier for each month. A requesting 31 telecommunications carrier may order the network elements 32 platform as is for an end user that has such existing 33 local exchange service without changing any of the 34 features previously selected by the end user. The -69- LRB9201430LDcsam02 1 incumbent local exchange carrier shall provide the 2 requested network elements platform without any 3 disruption to the end user's services. 4 Absent a contrary agreement between the 5 telecommunications carriers entered into after the 6 effective date of this amendatory Act of the 92nd General 7 Assembly, as of 12:01 a.m. on the third business day 8 after placing the order for a network elements platform, 9 the requesting telecommunications carrier shall be the 10 presubscribed primary local exchange carrier for that end 11 user line and shall be entitled to receive, or to direct 12 the disposition of, all revenues for all services 13 utilizing the network elements in the platform, unless it 14 is established that the end user of the existing local 15 exchange service did not authorize the requesting 16 telecommunications carrier to make the request. 17 (e) Operations support systems. The Commission shall 18 establish minimum standards with just, reasonable, and 19 nondiscriminatory rates, terms, and conditions for the 20 preordering, ordering, provisioning, maintenance and repair, 21 and billing functions of the incumbent local exchange 22 carrier's operations support systems provided to other 23 telecommunications carriers. In no instance shall the 24 incumbent local exchange carrier's operations support systems 25 as provided to other telecommunications carriers be less than 26 functionally and effectively the same operations support 27 systems provided by the incumbent local exchange carrier to 28 its own, its subsidiaries', and its affiliates' retail 29 telecommunications services. 30 (f) Resale. An incumbent local exchange carrier shall 31 offer all retail telecommunications services, that the 32 incumbent local exchange carrier provides at retail to 33 subscribers who are not telecommunications carriers, within 34 the LATA, together with each applicable optional feature or -70- LRB9201430LDcsam02 1 functionality, subject to resale at wholesale rates without 2 imposing any unreasonable or discriminatory conditions or 3 limitations. Wholesale rates shall be based on the retail 4 rates charged to end users for the telecommunications service 5 requested, excluding the portion thereof attributable to any 6 marketing, billing, collection, and other costs avoided by 7 the local exchange carrier. The Commission may determine 8 under Article IX of this Act that certain noncompetitive 9 services, together with each applicable optional feature or 10 functionality, that are offered to residence customers under 11 different rates, charges, terms, or conditions than to other 12 customers should not be subject to resale under the rates, 13 charges, terms, or conditions available only to residence 14 customers. 15 (g) Cost based rates. Interconnection, collocation, 16 network elements, and operations support systems shall be 17 provided by the incumbent local exchange carrier to 18 requesting telecommunications carriers at cost based rates. 19 The immediate implementation and provisioning of 20 interconnection, collocation, network elements, and 21 operations support systems shall not be delayed due to any 22 lack of determination by the Commission as to the cost based 23 rates. When cost based rates have not been established, 24 within 30 days after the filing of a petition for the setting 25 of interim rates, or after the Commission's own motion, the 26 Commission shall provide for interim rates that shall remain 27 in full force and effect until the cost based rate 28 determination is made, or the interim rate is modified, by 29 the Commission. 30 (h) Rural exemption. This Section does not apply to 31 certain rural telephone companies as described in 47 U.S.C. 32 251(f). 33 (i) Schedule of rates. A telecommunications carrier may 34 request the incumbent local exchange carrier to provide a -71- LRB9201430LDcsam02 1 schedule of rates listing each of the rate elements of the 2 incumbent local exchange carrier that pertains to a proposed 3 order identified by the requesting telecommunications carrier 4 for any of the matters covered in this Section. The 5 incumbent local exchange carrier shall deliver the requested 6 schedule of rates to the requesting telecommunications 7 carrier within 2 business days for 95% of the requests for 8 each requesting carrier. 9 (j) Special access circuits. Nothing in this amendatory 10 Act of the 92nd General Assembly is intended to allow the 11 provision of a special access circuit through a combination 12 of network elements. 13 (k) The Commission shall determine any matters in 14 dispute between the incumbent local exchange carrier and the 15 requesting carrier pursuant to Section 13-515 of this Act. 16The Commission shall prepare and issue an annual report on17the status of the telecommunications industry and Illinois18regulation thereof on January 31 of each year beginning in191986. Such report shall include:20(a) A review of regulatory decisions and actions21from the preceding year and a description of pending22cases involving significant telecommunications carriers23or issues;24(b) a description of the telecommunications25industry and changes or trends therein, including the26number, type and size of firms offering27telecommunications services, whether or not such firms28are subject to State regulation, telecommunications29technologies in place and under development, variations30in the geographic availability of services and in prices31for services, and penetration levels of subscriber access32to local exchange service in each exchange and trends33related thereto;34(c) the status of compliance by carriers and the-72- LRB9201430LDcsam02 1Commission with the requirements of this Article;2(d) the effects, and likely effects of Illinois3regulatory policies and practices, including those4described in this Article, on telecommunications5carriers, services and customers;6(e) any recommendations for legislative change7which are adopted by the Commission and which the8Commission believes are in the interest of Illinois9telecommunications customers; and10(f) any other information or analysis which the11Commission is required to provide by this Article or12deems necessary to provide.13The Commission's report shall be filed with the Joint14Committee on Legislative Support Services, the Governor, and15the Public Counsel and shall be publicly available. The Joint16Committee on Legislative Support Services shall conduct17public hearings on the report and any recommendations18therein.19 (Source: P.A. 84-1063.) 20 (220 ILCS 5/13-902) 21 (Section scheduled to be repealed on July 1, 2001) 22 Sec. 13-902. Authorization and verification of a 23 subscriber's change in telecommunications carrier. 24 (a) Definitions; scope. 25 (1) "Submitting carrier" means any 26 telecommunications carrier that requests on behalf of a 27 subscriber that the subscriber's telecommunications 28 carrier be changed and seeks to provide retail services 29 to the end user subscriber. 30 (2) "Executing carrier" means any 31 telecommunications carrier that effects a request that a 32 subscriber's telecommunications carrier be changed. 33 (3) "Authorized carrier" means any -73- LRB9201430LDcsam02 1 telecommunications carrier that submits a change, on 2 behalf of a subscriber, in the subscriber's selection of 3 a provider of telecommunications service with the 4 subscriber's authorization verified in accordance with 5 the procedures specified in this Section. 6 (4) "Unauthorized carrier" means any 7 telecommunications carrier that submits a change, on 8 behalf of a subscriber, in the subscriber's selection of 9 a provider of telecommunications service but fails to 10 obtain the subscriber's authorization verified in 11 accordance with the procedures specified in this Section. 12 (5) "Unauthorized change" means a change in a 13 subscriber's selection of a provider of 14 telecommunications service that was made without 15 authorization verified in accordance with the 16 verification procedures specified in this Section. 17 (6) "Subscriber" means: 18 (A) the party identified in the account 19 records of a common carrier as responsible for 20 payment of the telephone bill; 21 (B) any adult person authorized by such party 22 to change telecommunications services or to charge 23 services to the account; or 24 (C) any person contractually or otherwise 25 lawfully authorized to represent such party. 26 This Section does not apply to retail business 27 subscribers served by more than 20 lines. 28 (b) Authorization from the subscriber. "Authorization" 29 means an express, affirmative act by a subscriber agreeing to 30 the change in the subscriber's telecommunications carrier to 31 another carrier. A subscriber's telecommunications service 32 shall be provided by the telecommunications carrier selected 33 by the subscriber. 34 (c) Authorization and verification of orders for -74- LRB9201430LDcsam02 1 telecommunications service. 2 (1) No telecommunications carrier shall submit or 3 execute a change on behalf of a subscriber in the 4 subscriber's selection of a provider of 5 telecommunications service except in accordance with the 6 procedures prescribed in this subsection. 7 (2) No submitting carrier shall submit a change on 8 the behalf of a subscriber in the subscriber's selection 9 of a provider of telecommunications service prior to 10 obtaining: 11 (A) authorization from the subscriber; and 12 (B) verification of that authorization in 13 accordance with the procedures prescribed in this 14 Section. 15 The submitting carrier shall maintain and preserve 16 records of verification of subscriber authorization for a 17 minimum period of 2 years after obtaining such verification. 18 (3) An executing carrier shall not verify the 19 submission of a change in a subscriber's selection of a 20 provider of telecommunications service received from a 21 submitting carrier. For an executing carrier, compliance 22 with the procedures described in this Section shall be 23 defined as prompt execution, without any unreasonable 24 delay, of changes that have been verified by a submitting 25 carrier. 26 (4) Commercial mobile radio services (CMRS) 27 providers shall be excluded from the verification 28 requirements of this Section as long as they are not 29 required to provide equal access to common carriers for 30 the provision of telephone toll services, in accordance 31 with 47 U.S.C. 332(c)(8). 32 (5) Where a telecommunications carrier is selling 33 more than one type of telecommunications service (e.g., 34 local exchange, intraLATA/intrastate toll, -75- LRB9201430LDcsam02 1 interLATA/interstate toll, and international toll), that 2 carrier must obtain separate authorization from the 3 subscriber for each service sold, although the 4 authorizations may be made within the same solicitation. 5 Each authorization must be verified separately from any 6 other authorizations obtained in the same solicitation. 7 Each authorization must be verified in accordance with 8 the verification procedures prescribed in this Section. 9 (6) No telecommunications carrier shall submit a 10 preferred carrier change order unless and until the order 11 has been confirmed in accordance with one of the 12 following procedures: 13 (A) The telecommunications carrier has 14 obtained the subscriber's written or electronically 15 signed authorization in a form that meets the 16 requirements of subsection (d). 17 (B) The telecommunications carrier has 18 obtained the subscriber's electronic authorization 19 to submit the preferred carrier change order. Such 20 authorization must be placed from the telephone 21 number or numbers on which the preferred carrier is 22 to be changed and must confirm the information in 23 subsections (b) and (c) of this Section. 24 Telecommunications carriers electing to confirm 25 sales electronically shall establish one or more 26 toll-free telephone numbers exclusively for that 27 purpose. Calls to the toll-free telephone numbers 28 must connect a subscriber to a voice response unit, 29 or similar mechanism, that records the required 30 information regarding the preferred carrier change, 31 including automatically recording the originating 32 automatic number identification. 33 (C) An appropriately qualified independent 34 third party has obtained, in accordance with the -76- LRB9201430LDcsam02 1 procedures set forth in paragraphs (7) through (10) 2 of this subsection, the subscriber's oral 3 authorization to submit the preferred carrier change 4 order that confirms and includes appropriate 5 verification data. The independent third party must 6 not be owned, managed, controlled, or directed by 7 the carrier or the carrier's marketing agent; must 8 not have any financial incentive to confirm 9 preferred carrier change orders for the carrier or 10 the carrier's marketing agent; and must operate in a 11 location physically separate from the carrier or the 12 carrier's marketing agent. 13 (7) Methods of third party verification. Automated 14 third party verification systems and three-way conference 15 calls may be used for verification purposes so long as 16 the requirements of paragraphs (8) through (10) of this 17 subsection are satisfied. 18 (8) Carrier initiation of third party verification. 19 A carrier or a carrier's sales representative initiating 20 a three-way conference call or a call through an 21 automated verification system must drop off the call once 22 the three-way connection has been established. 23 (9) Requirements for content and format of third 24 party verification. All third party verification methods 25 shall elicit, at a minimum, the identity of the 26 subscriber; confirmation that the person on the call is 27 authorized to make the carrier change; confirmation that 28 the person on the call wants to make the carrier change; 29 the names of the carriers affected by the change; the 30 telephone numbers to be switched; and the types of 31 service involved. Third party verifiers may not market 32 the carrier's services by providing additional 33 information, including information regarding preferred 34 carrier freeze procedures. -77- LRB9201430LDcsam02 1 (10) Other requirements for third party 2 verification. All third party verifications shall be 3 conducted in the same language that was used in the 4 underlying sales transaction and shall be recorded in 5 their entirety. In accordance with the procedures set 6 forth in paragraph (2)(B) of this subsection, submitting 7 carriers shall maintain and preserve audio records of 8 verification of subscriber authorization for a minimum 9 period of 2 years after obtaining such verification. 10 Automated systems must provide consumers with an option 11 to speak with a live person at any time during the call. 12 (11) Telecommunications carriers must provide 13 subscribers the option of using one of the authorization 14 and verification procedures specified in paragraph (6) of 15 this subsection in addition to an electronically signed 16 authorization and verification procedure under paragraph 17 (6)(A) of this subsection. 18 (d) Letter of agency form and content. 19 (1) A telecommunications carrier may use a written 20 or electronically signed letter of agency to obtain 21 authorization or verification, or both, of a subscriber's 22 request to change his or her preferred carrier selection. 23 A letter of agency that does not conform with this 24 Section is invalid for purposes of this Section. 25 (2) The letter of agency shall be a separate 26 document (or an easily separable document) or located on 27 a separate screen or webpage containing only the 28 authorizing language described in paragraph (5) of this 29 subsection having the sole purpose of authorizing a 30 telecommunications carrier to initiate a preferred 31 carrier change. The letter of agency must be signed and 32 dated by the subscriber to the telephone line or lines 33 requesting the preferred carrier change. 34 (3) The letter of agency shall not be combined on -78- LRB9201430LDcsam02 1 the same document, screen, or webpage with inducements of 2 any kind. 3 (4) Notwithstanding paragraphs (2) and (3) of this 4 subsection, the letter of agency may be combined with 5 checks that contain only the required letter of agency 6 language as prescribed in paragraph (5) of this 7 subsection and the necessary information to make the 8 check a negotiable instrument. The letter of agency check 9 shall not contain any promotional language or material. 10 The letter of agency check shall contain in easily 11 readable, bold-face type on the front of the check, a 12 notice that the subscriber is authorizing a preferred 13 carrier change by signing the check. The letter of agency 14 language shall be placed near the signature line on the 15 back of the check. 16 (5) At a minimum, the letter of agency must be 17 printed with a type of sufficient size and readability to 18 be clearly legible and must contain clear and unambiguous 19 language that confirms: 20 (A) The subscriber's billing name and address 21 and each telephone number to be covered by the 22 preferred carrier change order; 23 (B) The decision to change the preferred 24 carrier from the current telecommunications carrier 25 to the soliciting telecommunications carrier; 26 (C) That the subscriber designates (insert the 27 name of the submitting carrier) to act as the 28 subscriber's agent for the preferred carrier change; 29 (D) That the subscriber understands that only 30 one telecommunications carrier may be designated as 31 the subscriber's interstate or interLATA preferred 32 interexchange carrier for any one telephone number. 33 To the extent that a jurisdiction allows the 34 selection of additional preferred carriers (e.g., -79- LRB9201430LDcsam02 1 local exchange, intraLATA/intrastate toll, 2 interLATA/interstate toll, or international 3 interexchange) the letter of agency must contain 4 separate statements regarding those choices, 5 although a separate letter of agency for each choice 6 is not necessary; and 7 (E) That the subscriber may consult with the 8 carrier as to whether a fee will apply to the change 9 in the subscriber's preferred carrier. 10 (6) Any carrier designated in a letter of agency as 11 a preferred carrier must be the carrier directly setting 12 the rates for the subscriber. 13 (7) Letters of agency shall not suggest or require 14 that a subscriber take some action in order to retain the 15 subscriber's current telecommunications carrier. 16 (8) If any portion of a letter of agency is 17 translated into another language then all portions of the 18 letter of agency must be translated into that language. 19 Every letter of agency must be translated into the same 20 language as any promotional materials, oral descriptions, 21 or instructions provided with the letter of agency. 22 (9) Letters of agency submitted with an 23 electronically signed authorization must include the 24 consumer disclosures required by Section 101(c) of the 25 Electronic Signatures in Global and National Commerce 26 Act. 27 (10) A telecommunications carrier shall submit a 28 preferred carrier change order on behalf of a subscriber 29 within no more than 60 days after obtaining a written or 30 electronically signed letter of agency. 31 (11) If a telecommunications carrier uses a letter 32 of agency, the carrier shall send a letter to the 33 subscriber using first class mail, postage prepaid, no 34 later than 10 days after the telecommunications carrier -80- LRB9201430LDcsam02 1 submitting the change in the subscriber's 2 telecommunications carrier is on notice that the change 3 has occurred. The letter must inform the subscriber of 4 the details of the telecommunications carrier change and 5 provide the subscriber with a toll free number to call 6 should the subscriber wish to cancel the change. 7 (e) A switch in a subscriber's selection of a provider 8 of telecommunications service that complies with the rules 9 promulgated by the Federal Communications Commission and any 10 amendments thereto shall be deemed to be in compliance with 11 the provisions of this Section. 12 (f) The Commission shall promulgate any rules necessary 13 to administer this Section. The rules promulgated under this 14 Section shall comport with the rules, if any, promulgated by 15 the Attorney General pursuant to the Consumer Fraud and 16 Deceptive Business Practices Act and with any rules 17 promulgated by the Federal Communications Commission. 18 (g) Complaints may be filed with the Commission under 19 this Section by a subscriber whose telecommunications service 20 has been provided by an unauthorized telecommunications 21 carrier as a result of an unreasonable delay, by a subscriber 22 whose telecommunications carrier has been changed to another 23 telecommunications carrier in a manner not in compliance with 24 this Section, by a subscriber's authorized 25 telecommunications carrier that has been removed as a 26 subscriber's telecommunications carrier in a manner not in 27 compliance with this Section, by a subscriber's authorized 28 submitting carrier whose change order was delayed 29 unreasonably, or by the Commission on its own motion. Upon 30 filing of the complaint, the parties may mutually agree to 31 submit the complaint to the Commission's established 32 mediation process. Remedies in the mediation process may 33 include, but shall not be limited to, the remedies set forth 34 in this subsection. In its discretion, the Commission may -81- LRB9201430LDcsam02 1 deny the availability of the mediation process and submit the 2 complaint to hearings. If the complaint is not submitted to 3 mediation or if no agreement is reached during the mediation 4 process, hearings shall be held on the complaint. If, after 5 notice and hearing, the Commission finds that a 6 telecommunications carrier has violated this Section or a 7 rule promulgated under this Section, the Commission may in 8 its discretion do any one or more of the following: 9 (1) Require the violating telecommunications 10 carrier to refund to the subscriber all fees and charges 11 collected from the subscriber for services up to the time 12 the subscriber receives written notice of the fact that 13 the violating carrier is providing telecommunications 14 service to the subscriber, including notice on the 15 subscriber's bill. For unreasonable delays wherein 16 telecommunications service is provided by an unauthorized 17 carrier, the Commission may require the violating carrier 18 to refund to the subscriber all fees and charges 19 collected from the subscriber during the unreasonable 20 delay. The Commission may order the remedial action 21 outlined in this subsection only to the extent that the 22 same remedial action is allowed pursuant to rules or 23 regulations promulgated by the Federal Communications 24 Commission. 25 (2) Require the violating telecommunications 26 carrier to refund to the subscriber charges collected in 27 excess of those that would have been charged by the 28 subscriber's authorized telecommunications carrier. 29 (3) Require the violating telecommunications 30 carrier to pay to the subscriber's authorized 31 telecommunications carrier the amount the authorized 32 telecommunications carrier would have collected for the 33 telecommunications service. The Commission is authorized 34 to reduce this payment by any amount already paid by the -82- LRB9201430LDcsam02 1 violating telecommunications carrier to the subscriber's 2 authorized telecommunications carrier for those 3 telecommunications services. 4 (4) Require the violating telecommunications 5 carrier to pay a fine of up to $1,000 into the Public 6 Utility Fund for each repeated and intentional violation 7 of this Section. 8 (5) Issue a cease and desist order. 9 (6) For a pattern of violation of this Section or 10 for intentionally violating a cease and desist order, 11 revoke the violating telecommunications carrier's 12 certificate of service authority.Rules for verification13of a subscriber's change in telecommunications carrier or14addition to a subscriber's service.15(a) As used in this Section, "subscriber" means a16telecommunications carrier's retail business customer served17by not more than 20 lines or a retail residential customer,18and "telecommunications carrier" has the meaning given in19Section 13-202 of the Public Utilities Act, except that20"telecommunications carrier" does not include a provider of21commercial mobile radio services (as defined by 47 U.S.C.22332(d)(1)).23(b) A subscriber's presubscription of a primary exchange24or interexchange telecommunications carrier may not be25switched to another telecommunications carrier without the26subscriber's authorization.27(c) A telecommunications carrier shall not effectuate a28change to a subscriber's telecommunications services by29providing an additional telecommunications service that30results in an additional monthly charge to the subscriber31(herein referred to as an "additional telecommunications32service") without following the subscriber notification33procedures set forth in this Section. An "additional34telecommunications service" does not include making available-83- LRB9201430LDcsam02 1any additional telecommunications services on a subscriber's2line when the subscriber activates and pays for the services3on a per use basis.4(d) It is the responsibility of the company or carrier5requesting a change in a subscriber's telecommunications6carrier to obtain the subscriber's authorization for the7change whenever the company or carrier acts as a subscriber's8agent with respect to the change.9(e) A company or telecommunications carrier submitting a10change in a subscriber's primary exchange or interexchange11telecommunications carrier as described in subsection (d)12shall be solely responsible for providing written notice of13the change to the subscriber in accordance with this Section,14or for obtaining verification of the subscriber's assent to15the change in accordance with this Section. In addition, a16telecommunications carrier that provides any additional17telecommunications service to a subscriber shall be solely18responsible for providing written notice of the additional19telecommunications service to the subscriber in accordance20with this Section, or for obtaining verification of the21subscriber's assent to the additional telecommunications22service in accordance with this Section.23(1) If the company or telecommunications carrier24elects to provide written notice in accordance with this25Section, the notice shall be provided as follows:26(A) A letter to the subscriber must be mailed27using first class mail, postage prepaid, no later28than 10 days after the telecommunications carrier29submitting the change in the subscriber's primary30exchange or interexchange telecommunications carrier31is on notice that the change has occurred or no32later than 10 days after initiation of an additional33telecommunications service has occurred.34(B) The letter must be a separate document-84- LRB9201430LDcsam02 1sent for the sole purpose of describing the changes2or additions authorized by the subscriber.3(C) The letter must be printed with 10 point4or larger type and contain clear and plain language5that confirms the details of a change in the6presubscribed telecommunications carrier or of the7addition of the telecommunications service and8provides the subscriber with a toll free number to9call should the subscriber wish to cancel the change10or make additional changes.11(2) If the company or telecommunications carrier12elects to obtain verification in accordance with this13Section, verification shall be obtained as follows:14(A) Verification shall be obtained by an15independent third-party that:16(i) operates from a facility physically17separate from that of the telecommunications18carrier or company seeking the change or19addition of service;20(ii) is not directly or indirectly21managed, controlled, directed, or owned wholly22or in part by the telecommunications carrier or23company seeking the change or addition of24telecommunications services;25(iii) does not derive commissions or26compensation based upon the number of sales,27changes, or additions confirmed; and28(iv) shall retain records of the29confirmation of sales or changes for 24 months.30(B) The third-party verification agent shall31state to the subscriber, and shall obtain the32subscriber's acknowledgement to, the following33disclosures:34(i) the consumer's name, address, and the-85- LRB9201430LDcsam02 1telephone numbers of all telephone lines that2will be changed or to which additional3telecommunications services will be added;4(ii) the names of the telecommunications5carrier or company that is replacing the6previous presubscribed telecommunications7carrier or adding a telecommunications service8to the subscriber's account and, where9applicable, the name of the carriers being10replaced;11(iii) in cases where verification is12sought for the subscriber's presubscribed13telecommunications carrier, that for each line14the subscriber can designate only one15presubscribed telecommunications carrier to16handle each of the subscriber's local, long17distance, or local toll service depending upon18which presubscribed telecommunications service19or services are being verified; and20(iv) the fact that a fee may be imposed21on the subscriber for the change of primary22exchange or interexchange telecommunications23carriers or that a monthly recurring fee may be24charged for the additional service, if that is25the case.26(C) The third-party verification agent shall27obtain verification no later than 3 days after the28carrier submitting a change in the subscriber's29primary exchange or interexchange telecommunications30carrier is on notice that the change has occurred or31no later than 3 days after initiation of an32additional telecommunications service has occurred.33(D) The telecommunications company or carrier34seeking to implement the change in service or-86- LRB9201430LDcsam02 1additional service may connect the subscriber to the2verification agent, provided that all of the3requirements for verification by a third party as4set forth in this Section are otherwise complied5with fully.6(3) The verification or notice requirements7described in this subsection shall apply to all changes8to a subscriber's presubscription of a primary exchange9or interexchange telecommunications carrier, whether the10change was initiated through an inbound call initiated by11the customer or outbound telemarketing. Where a12subscriber's telecommunications services are changed by13the provision of an additional telecommunications14service, the verification or notice requirements15described in this subsection shall apply if the change16was initiated through outbound telemarketing. Where a17subscriber's telecommunications services are changed by18the provision of an additional telecommunications service19and the change was initiated through inbound20telemarketing, the telecommunications carrier shall21comply with all rules or regulations promulgated by the22Federal Communications Commission.23(4) Verifications conducted or obtained in a manner24not in compliance with this Section or notice given in a25manner not in compliance with this Section shall be void26and without effect.27(f) The Commission shall promulgate any rules necessary28to ensure that the primary exchange or interexchange29telecommunications carrier of a subscriber is not changed to30another telecommunications carrier or that an additional31telecommunications service is not added without the32subscriber's authorization. The rules promulgated under this33Section shall comport with the rules, if any, promulgated by34the Attorney General pursuant to the Consumer Fraud and-87- LRB9201430LDcsam02 1Deceptive Business Practices Act and with any rules2promulgated by the Federal Communications Commission.3(g) Complaints may be filed with the Commission under4this Section by a subscriber whose primary exchange or5interexchange carrier has been changed to another6telecommunications carrier without authorization or who has7been provided an additional telecommunications service not8ordered by the subscriber, by a telecommunications carrier9that has been removed as a subscriber's primary exchange or10interexchange telecommunications carrier without11authorization, or by the Commission on its own motion. Upon12filing of the complaint, the parties may mutually agree to13submit the complaint to the Commission's established14mediation process. Remedies in the mediation process may15include, but shall not be limited to, the remedies set forth16in paragraphs (1) through (5) of this subsection. In its17discretion, the Commission may deny the availability of the18mediation process and submit the complaint to hearings. If19the complaint is not submitted to mediation or if no20agreement is reached during the mediation process, hearings21shall be held on the complaint pursuant to Article 10 of this22Act. If after notice and hearing, the Commission finds that23a telecommunications carrier has violated this Section or a24rule promulgated under this Section, the Commission may in25its discretion order any one or more of the following:26(1) In case of an unauthorized change in a27subscriber's primary exchange or interexchange28telecommunications carrier, require the violating29telecommunications carrier to refund to the subscriber30all fees and charges collected from the subscriber for31services up to the time the subscriber receives written32notice of the fact that the violating carrier is33providing telecommunications service to the subscriber.34For a carrier that elects to provide written notice of a-88- LRB9201430LDcsam02 1change in a subscriber's primary exchange or2interexchange carrier, notice consistent with paragraph3(1) of subsection (e) shall be deemed to be receipt of4notice by the subscriber for purposes of this paragraph.5For a carrier that elects to obtain verification of a6change in a subscriber's primary exchange or7interexchange carrier consistent with paragraph (2) of8subsection (e) of this Section, either the first9correspondence from the carrier that notifies the10customer of the change or the subscriber's first bill for11services, whichever is mailed first, shall be deemed to12be receipt of notice by the subscriber for purposes of13this paragraph. The Commission may order the remedial14action outlined in this subsection only to the extent15that the same remedial action is allowed pursuant to16rules or regulations promulgated by the Federal17Communications Commission.18(2) In case of an unauthorized change in the19primary exchange or interexchange telecommunications20carrier, require the violating telecommunications carrier21to refund to the subscriber charges collected in excess22of those that would have been charged by the subscriber's23chosen telecommunications carrier.24(3) In case of an unauthorized change in the25primary exchange or interexchange telecommunications26carrier, require the violating telecommunications carrier27to pay to the subscriber's chosen telecommunications28carrier the amount the chosen telecommunications carrier29would have collected for the telecommunications service.30The Commission is authorized to reduce this payment by31any amount already paid by the violating32telecommunications carrier to the subscriber's chosen33telecommunications carrier for those telecommunications34services.-89- LRB9201430LDcsam02 1(4) Require the violating telecommunications2carrier to pay a fine of up to $1,000 into the Public3Utility Fund for each repeated and intentional violation4of this Section.5(5) In the case of an unauthorized additional6telecommunications service, require the violating carrier7to refund or cancel all charges for telecommunications8services or products provided without a subscriber's9authorization.10(6) Issue a cease and desist order.11(7) For a pattern of violation of this Section or12for intentionally violating a cease and desist order,13revoke the violating telecommunications carrier's14certificate of service authority.15 (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.) 16 (220 ILCS 5/13-903 new) 17 Sec. 13-903. Authorization, verification or 18 notification, and dispute resolution for covered product and 19 service charges on the telephone bill. 20 (a) Definitions. As used in this Section: 21 (1) "Subscriber" means a telecommunications 22 carrier's retail business customer served by not more 23 than 20 lines or a retail residential customer. 24 (2) "Telecommunications carrier" has the meaning 25 given in Section 13-202 of the Public Utilities Act and 26 includes agents and employees of a telecommunications 27 carrier, except that "telecommunications carrier" does 28 not include a provider of commercial mobile radio 29 services (as defined by 47 U.S.C. 332(d)(1)). 30 (b) Applicability of Section. This Section does not 31 apply to: 32 (1) changes in a subscriber's local exchange 33 telecommunications service or interexchange -90- LRB9201430LDcsam02 1 telecommunications service; 2 (2) message telecommunications charges that are 3 initiated by dialing 1+, 0+, 0-, 1010XXX, or collect 4 calls and charges for video services if the service 5 provider has the necessary call detail record to 6 establish the billing for the call or service; and 7 (3) telecommunications services available on a 8 subscriber's line when the subscriber activates and pays 9 for the services on a per use basis. 10 (c) Requirements for billing authorized charges. A 11 telecommunications carrier shall meet all of the following 12 requirements before submitting charges for any product or 13 service to be billed on any subscriber's telephone bill: 14 (1) Inform the subscriber. The telecommunications 15 carrier offering the product or service must thoroughly 16 inform the subscriber of the product or service being 17 offered, including all associated charges, and explicitly 18 inform the subscriber that the associated charges for the 19 product or service will appear on the subscriber's 20 telephone bill. 21 (2) Obtain subscriber authorization. The 22 subscriber must have clearly and explicitly consented to 23 obtaining the product or service offered and to having 24 the associated charges appear on the subscriber's 25 telephone bill. The consent must be verified by the 26 service provider in accordance with subsection (d) of 27 this Section. A record of the consent must be maintained 28 by the telecommunications carrier offering the product or 29 service for at least 24 months immediately after the 30 consent and verification were obtained. 31 (d) Verification or notification. Except in 32 subscriber-initiated transactions with a certificated 33 telecommunications carrier for which the telecommunications 34 carrier has the appropriate documentation, the -91- LRB9201430LDcsam02 1 telecommunications carrier, after obtaining the subscriber's 2 authorization in the required manner, shall either verify the 3 authorization or notify the subscriber as follows: 4 (1) Independent third-party verification: 5 (A) Verification shall be obtained by an 6 independent third party that: 7 (i) operates from a facility physically 8 separate from that of the telecommunications 9 carrier; 10 (ii) is not directly or indirectly 11 managed, controlled, directed, or owned wholly 12 or in part by the telecommunications carrier or 13 the carrier's marketing agent; and 14 (iii) does not derive commissions or 15 compensation based upon the number of sales 16 confirmed. 17 (B) The third-party verification agent shall 18 state, and shall obtain the subscriber's 19 acknowledgment of, the following disclosures: 20 (i) the subscriber's name, address, and 21 the telephone numbers of all telephone lines 22 that will be charged for the product or service 23 of the telecommunications carrier; 24 (ii) that the person speaking to the 25 third party verification agent is in fact the 26 subscriber; 27 (iii) that the subscriber wishes to 28 purchase the product or service of the 29 telecommunications carrier and is agreeing to 30 do so; 31 (iv) that the subscriber understands that 32 the charges for the product or service of the 33 telecommunications carrier will appear on the 34 subscriber's telephone bill; and -92- LRB9201430LDcsam02 1 (v) the name and customer service 2 telephone number of the telecommunications 3 carrier. 4 (C) The telecommunications carrier shall 5 retain, electronically or otherwise, proof of the 6 verification of sales for a minimum of 24 months. 7 (2) Notification. Written notification shall be 8 provided as follows: 9 (A) the telecommunications carrier shall mail 10 a letter to the subscriber using first class mail, 11 postage prepaid, no later than 10 days after 12 initiation of the product or service; 13 (B) the letter shall be a separate document 14 sent for the sole purpose of describing the product 15 or service of the telecommunications carrier; 16 (C) the letter shall be printed with 10-point 17 or larger type and clearly and conspicuously 18 disclose the material terms and conditions of the 19 offer of the telecommunications carrier, as 20 described in paragraph (1) of subsection (c); 21 (D) the letter shall contain a toll-free 22 telephone number the subscriber can call to cancel 23 the product or service; 24 (E) the telecommunications carrier shall 25 retain, electronically or otherwise, proof of 26 written notification for a minimum of 24 months; and 27 (F) Written notification can be provided via 28 electronic mail if consumers are given the 29 disclosures required by Section 101(c) of the 30 Electronic Signatures In Global And National 31 Commerce Act. 32 (e) Unauthorized charges. 33 (1) Responsibilities of the billing 34 telecommunications carrier for unauthorized charges. If -93- LRB9201430LDcsam02 1 a subscriber's telephone bill is charged for any product 2 or service without proper subscriber authorization and 3 verification or notification of authorization in 4 compliance with this Section, the telecommunications 5 carrier that billed the subscriber, on its knowledge or 6 notification of any unauthorized charge, shall promptly, 7 but not later than 45 days after the date of the 8 knowledge or notification of an unauthorized charge: 9 (A) notify the product or service provider to 10 immediately cease charging the subscriber for the 11 unauthorized product or service; 12 (B) remove the unauthorized charge from the 13 subscriber's bill; and 14 (C) refund or credit to the subscriber all 15 money that the subscriber has paid for any 16 unauthorized charge. 17 (f) The Commission shall promulgate any rules necessary 18 to ensure that subscribers are not billed on the telephone 19 bill for products or services in a manner not in compliance 20 with this Section. The rules promulgated under this Section 21 shall comport with the rules, if any, promulgated by the 22 Attorney General pursuant to the Consumer Fraud and Deceptive 23 Business Practices Act and with any rules promulgated by the 24 Federal Communications Commission or Federal Trade 25 Commission. 26 (g) Complaints may be filed with the Commission under 27 this Section by a subscriber who has been billed on the 28 telephone bill for products or services not in compliance 29 with this Section or by the Commission on its own motion. 30 Upon filing of the complaint, the parties may mutually agree 31 to submit the complaint to the Commission's established 32 mediation process. Remedies in the mediation process may 33 include, but shall not be limited to, the remedies set forth 34 in paragraphs (1) through (4) of this subsection. In its -94- LRB9201430LDcsam02 1 discretion, the Commission may deny the availability of the 2 mediation process and submit the complaint to hearings. If 3 the complaint is not submitted to mediation or if no 4 agreement is reached during the mediation process, hearings 5 shall be held on the complaint pursuant to Article 10 of this 6 Act. If after notice and hearing, the Commission finds that 7 a telecommunications carrier has violated this Section or a 8 rule promulgated under this Section, the Commission may in 9 its discretion order any one or more of the following: 10 (1) Require the violating telecommunications 11 carrier to pay a fine of up to $1,000 into the Public 12 Utility Fund for each repeated and intentional violation 13 of this Section. 14 (2) Require the violating carrier to refund or 15 cancel all charges for products or services not billed in 16 compliance with this Section. 17 (3) Issue a cease and desist order. 18 (4) For a pattern of violation of this Section or 19 for intentionally violating a cease and desist order, 20 revoke the violating telecommunications carrier's 21 certificate of service authority. 22 (220 ILCS 5/13-1200 new) 23 Sec. 13-1200. Repealer. This Article is repealed July 24 1, 2005. 25 (220 ILCS 5/13-803 rep.) 26 Section 25. The Public Utilities Act is amended by 27 repealing Section 13-803. 28 Section 30. The Consumer Fraud and Deceptive Business 29 Practices Act is amended by changing Section 2DD as 30 follows: -95- LRB9201430LDcsam02 1 (815 ILCS 505/2DD) 2 Sec. 2DD. Telecommunication service provider selection. 3 A telecommunication carrier shall not submit or execute a 4 change in a subscriber's selection of a provider of local 5 exchange telecommunications service or interexchange 6 telecommunications service or offer or provide a product or 7 service to be billed on the telephone bill as provided in 8 Sections 13-902 and 13-903any additional telecommunications9service as defined in Section 13-902of the Public Utilities 10 Act except in accordance with (i) the verification procedures 11 adopted by the Federal Communications Commission under the 12 Communications Act of 1996, including subpart K of 47 CFR 64, 13 as those procedures are from time to time amended, and (ii) 14 Sections 13-902 and 13-903Section 13-902of the Public 15 Utilities Act and any rules adopted by the Illinois Commerce 16 Commission under the authority of that Section as those rules 17 are from time to time amended. A telecommunications carrier 18 that violates this Section commits an unlawful practice 19 within the meaning of this Act. 20 (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.) 21 Section 99. Effective date. This Act takes effect June 22 30, 2001.".