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92_SB0582 LRB9207660JScs 1 AN ACT concerning telecommunications carriers. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Public Utilities Act is amended by 5 adding Section 13-303 as follows: 6 (220 ILCS 5/13-303 new) 7 Sec. 13-303. Service quality standards; penalties. 8 (a) The Commission is authorized to enforce the service 9 quality standards established in this Section for local 10 exchange carriers. The Commission may issue rules necessary 11 to implement the provisions of this Section. 12 (b) If a customer's local exchange telecommunications 13 service is disrupted and remains disrupted for more than 24 14 hours after the disruption is reported to the 15 telecommunications carrier providing that service, the 16 carrier must issue a refund to the customer unless: 17 (1) the service disruption is caused by the 18 customer or the customer's telecommunications equipment; 19 (2) the service disruption is caused by an act of 20 God, military action, war, insurrection, riot, or strike; 21 or 22 (3) the customer misses the repair appointment and 23 the carrier is unable to obtain access to fix the 24 problem. 25 If the service disruption is for 48 hours or less, the 26 refund must be equal to the pro-rata portion of the monthly 27 charges for all local services disrupted. If the service 28 disruption is for more than 48 hours, but not more than 72 29 hours, the refund must be equal to at least 33% of one 30 month's charges for all local services disrupted. If the 31 service disruption is for more than 72 hours, but not more -2- LRB9207660JScs 1 than 96 hours, the refund must be equal to at least 67% of 2 one month's charges for all local services disrupted. If the 3 service disruption is for more than 96 hours, the refund must 4 be equal to one month's charges for all local services 5 disrupted. 6 (c) If a local exchange carrier fails to install service 7 within 5 business days after the service order is placed, the 8 carrier must waive 50% of any installation charge. If a local 9 exchange carrier fails to install service within 10 business 10 days after the service order is placed, the carrier must 11 waive 100% of any installation charge. 12 The requirements of this subsection, however, do not 13 apply when the installation involves special service or 14 equipment, an application for new service in an undeveloped 15 area where no facilities exist, or the applicant or 16 subscriber has not met tariff requirements. 17 (d) If a local exchange carrier fails to keep an 18 installation appointment, the carrier must refund to the 19 customer 50% of any installation charges. If a local exchange 20 carrier fails to keep an on-premise repair appointment or an 21 outside repair commitment the carrier must credit the 22 customer's bill for at least 50% of customer's monthly 23 charges for local service. A carrier must inform the customer 24 of these obligations at the time the appointment or 25 commitment is made. 26 The requirements of this subsection, however, do not 27 apply if the carrier provides the customer with notice 24 28 hours before the appointment or commitment time that the 29 carrier will not be able to keep the appointment or 30 commitment or if a natural disaster prevents the carrier from 31 keeping the appointment or commitment. 32 (e) If a customer is erroneously omitted from the local 33 exchange carrier's phone book or if the customer's phone 34 number is incorrect, the carrier must credit the customer's -3- LRB9207660JScs 1 bill for an amount at least equal to the customer's charges 2 for 3 months of local service. 3 (f) If a local exchange carrier undercharges a customer, 4 the maximum amount the carrier may charge in any one month to 5 recover the undercharge is an amount determined by dividing 6 the amount of the undercharge by the number of months that 7 the undercharge was in effect. If a local exchange carrier 8 overcharges a customer, the overcharge plus interest at the 9 statutory rate must be refunded to the customer within 2 10 billing periods after the overcharge is discovered. 11 The carrier must notify the customer of the amount to be 12 collected or refunded no later than the time of the billing 13 statement for the second billing after the discrepancy is 14 discovered. 15 A local exchange carrier may not recover any service or 16 billing fee under this subsection. A local exchange carrier 17 may not disconnect service to a customer in an effort to 18 collect an undercharge that is recoverable under this 19 subsection. 20 Adjustments to a customer's account must be made in the 21 form of a direct payment or a credit to the account. 22 (g) This Section is inoperative after July 1, 2006. 23 Section 99. Effective date. This Act takes effect upon 24 becoming law.