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Public Act 098-0045 |
SB1664 Enrolled | LRB098 07471 MGM 37541 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wireless Emergency Telephone Safety Act is |
amended by changing Section 70 and by adding Section 85 as |
follows:
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(50 ILCS 751/70)
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(Section scheduled to be repealed on July 1, 2013)
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Sec. 70. Repealer. This Act is repealed on July 1, 2014 |
2013 .
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(Source: P.A. 97-1163, eff. 2-4-13.)
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(50 ILCS 751/85 new) |
Sec. 85. 9-1-1 Services Advisory Board. There is hereby |
created the 9-1-1 Services Advisory Board. The Board shall work |
with the Commission to determine the 9-1-1 costs necessary for |
every 9-1-1 system to adequately function and shall submit, by |
February 1, 2014, recommendations on whether there is a need to |
consolidate 9-1-1 functions to the General Assembly. The Board |
shall consist of 11 members appointed by the Governor as |
follows: |
(1) the Executive Director of the Illinois Commerce |
Commission, or his or her designee; |
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(2) one member representing the Illinois chapter of the |
National Emergency Number Association; |
(3) one member representing the Illinois chapter of the |
Association of Public-Safety Communications Officials; |
(4) one member representing a county 9-1-1 system from |
a county with a population of 50,000 or less; |
(5) one member representing a county 9-1-1 system from |
a county with a population between 50,000 and 250,000; |
(6) one member representing a county 9-1-1 system from |
a county with a population of 250,000 or more; |
(7) one member representing an incumbent local |
exchange 9-1-1 system provider; |
(8) one member representing a non-incumbent local |
exchange 9-1-1 system provider; |
(9) one member representing a large wireless carrier; |
(10) one member representing a small wireless carrier; |
and |
(11) one member representing the Illinois |
Telecommunications Association. |
The Board is abolished on July 1, 2014. |
Section 10. The Public Utilities Act is amended by changing |
Sections 13-101, 13-501, 13-501.5, 13-503, 13-505, 13-506.2, |
13-509, 13-514, 13-515, 13-516, 13-712, 13-1200, 21-401, |
21-801, 21-1101, 21-1201, 21-1502, 21-1601, and 22-501 and by |
adding Sections 13-802.1 and 21-1502 as follows:
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(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
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(Section scheduled to be repealed on July 1, 2013)
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Sec. 13-101. Application of Act to telecommunications |
rates and
services. The Except to the extent modified or |
supplemented by the
specific provisions of this Article, the |
Sections of this Act pertaining to
public utilities, public |
utility rates and services, and the regulation
thereof, are |
fully and equally applicable to noncompetitive
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telecommunications rates and services, and the regulation |
thereof, except to the extent modified or supplemented by the
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specific provisions of this Article or
where the context |
clearly renders such provisions inapplicable. Except to
the |
extent modified or supplemented by the specific provisions of |
this
Article, Articles I through IV V , Sections 5-101, 5-106, |
5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501, |
8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510,
9-221, 9-222,
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9-222.1,
9-222.2, 9-241, 9-250, and 9-252.1, and Article X of |
this Act
are fully and equally applicable to the noncompetitive |
and competitive services of an Electing Provider and to
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competitive telecommunications rates and services, and the |
regulation
thereof except that Section 5-109 shall apply to the |
services of an Electing Provider and to competitive |
telecommunications rates and services only to the extent that |
the Commission requires annual reports authorized by Section |
5-109, provided the telecommunications provider may use |
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generally accepted accounting practices or accounting systems |
it uses for financial reporting purposes in the annual report, |
and except that Sections 8-505 and 9-250 shall not apply to |
competitive retail telecommunications services and Sections |
8-501 and 9-241 shall not apply to competitive services ; in |
addition, as to competitive telecommunications rates and
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services, and the regulation thereof, and with the exception of |
competitive retail telecommunications service rates and |
services, all rules and regulations
made by a |
telecommunications carrier affecting or pertaining to its
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charges or service shall be just and reasonable.
As of the |
effective date of this amendatory Act of the 92nd General
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Assembly,
Sections 4-202, 4-203,
and
5-202 of this Act shall |
cease to apply to telecommunications rates and
services.
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(Source: P.A. 96-927, eff. 6-15-10.)
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(220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
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(Section scheduled to be repealed on July 1, 2013)
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Sec. 13-501. Tariff; filing.
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(a) No telecommunications carrier shall offer or provide |
noncompetitive
telecommunications service , telecommunications |
service subject to subsection (g) of Section 13-506.2 or |
Section 13-900.1 or 13-900.2 of this Act, or telecommunications |
service referred to in an interconnection agreement as a |
tariffed service unless and until a tariff is filed with the
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Commission which describes the nature of the service, |
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applicable rates and
other charges, terms and conditions of |
service, and the exchange, exchanges
or other geographical area |
or areas in which the service shall be offered
or provided. The |
Commission may prescribe the form of such tariff and any
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additional data or information which shall be included therein.
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(b) After a hearing regarding a telecommunications service |
subject to subsection (a) of this Section , the Commission has |
the discretion to impose an
interim or permanent tariff on a |
telecommunications carrier as part
of the order in
the case. |
When a tariff is imposed as part of the order in a case, the
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tariff shall remain
in full force and effect until a compliance |
tariff, or superseding
tariff, is filed by the
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telecommunications carrier and, after notice to the parties in |
the case and
after a
compliance hearing is held, is found by |
the Commission to be in compliance with
the
Commission's order.
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(c) A telecommunications carrier shall offer or provide |
telecommunications service that is not subject to subsection |
(a) of this Section pursuant to either a tariff filed with the |
Commission or a written service offering that shall be |
available on the telecommunications carrier's website as |
required by Section 13-503 of this Act and that describes the |
nature of the service, applicable rates and other charges, |
terms and conditions of service. Revenue from competitive |
retail telecommunications service received by a |
telecommunications carrier pursuant to either a tariff or a |
written service offering shall be gross revenue for purposes of |
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Section 2-202 of this Act. |
(Source: P.A. 92-22, eff. 6-30-01 .)
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(220 ILCS 5/13-501.5)
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(Section scheduled to be repealed on July 1, 2013)
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Sec. 13-501.5. Directory assistance service for the blind. |
A Within 180 days
after
the effective date of this amendatory |
Act of the 93rd General Assembly, a
telecommunications carrier |
that provides directory assistance service shall
provide in its
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tariffs or its written service offering pursuant to subsection |
(c) of Section 13-501 of this Act for that service that |
directory assistance shall be provided at no
charge to its
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customers who are legally blind
for telephone numbers of |
customers located within
the same calling area, as described in |
the telecommunications carrier's
tariff.
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(Source: P.A. 93-82, eff. 7-2-03 .)
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(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
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(Section scheduled to be repealed on July 1, 2013)
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Sec. 13-503. Information available to the public. With |
respect to rates or other charges made, demanded , or
received |
for any telecommunications service offered, provided , or to be
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provided, that is subject to subsection (a) of Section 13-501 |
of this Act whether such service is competitive or |
noncompetitive ,
telecommunications carriers shall comply with |
the publication and filing
provisions of Sections 9-101, 9-102, |
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9-102.1, and 9-201 of this Act 9-103 . Except for the provision |
of services offered or provided by payphone providers pursuant |
to a tariff, telecommunications Telecommunications carriers |
shall make all tariffs and all written service offerings for |
competitive telecommunications service available |
electronically to the public without requiring a password or |
other means of registration. A telecommunications carrier's |
website shall, if applicable, provide in a conspicuous manner |
information on the rates, charges, terms, and conditions of |
service available and a toll-free telephone number that may be |
used to contact an agent for assistance with obtaining rate or |
other charge information or the terms and conditions of |
service.
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(Source: P.A. 96-927, eff. 6-15-10.)
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(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
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(Section scheduled to be repealed on July 1, 2013)
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Sec. 13-505. Rate changes; competitive services. Any |
proposed increase or decrease in rates or charges, or proposed
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change in any
classification , written service offering, or |
tariff resulting in an increase or decrease in
rates or |
charges, for
a competitive telecommunications service shall be |
permitted upon the filing with the Commission or posting on the |
telecommunications carrier's website
of the proposed rate, |
charge, classification, written service offering, or tariff |
pursuant to Section 13-501 of this Act . Notice of an
increase |
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shall be given, no later than the prior billing cycle, to
all |
potentially affected customers by mail , publication in a |
newspaper of
general circulation, or equivalent means of |
notice, including electronic if the customer has elected |
electronic billing. Additional notice by publication in a |
newspaper of
general circulation may also be given.
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(Source: P.A. 96-927, eff. 6-15-10.)
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(220 ILCS 5/13-506.2) |
(Section scheduled to be repealed on July 1, 2013) |
Sec. 13-506.2. Market regulation for competitive retail |
services. |
(a) Definitions. As used in this Section: |
(1) "Electing Provider" means a telecommunications |
carrier that is subject to either rate regulation pursuant |
to Section 13-504 or Section 13-505 or alternative |
regulation pursuant to Section 13-506.1 and that elects to |
have the rates, terms, and conditions of its competitive |
retail telecommunications services solely determined and |
regulated pursuant to the terms of this Article. |
(2) "Basic local exchange service" means either a |
stand-alone residence network access line and per-call |
usage or, for any geographic area in which such stand-alone |
service is not offered, a stand-alone flat rate residence |
network access line for which local calls are not charged |
for frequency or duration. Extended Area Service shall be |
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included in basic local exchange service. |
(b) Election for market regulation.
Notwithstanding any |
other provision of this Act, an Electing Provider may elect to |
have the rates, terms, and conditions of its competitive retail |
telecommunications services solely determined and regulated |
pursuant to the terms of this Section by filing written notice |
of its election for market regulation with the Commission. The |
notice of election shall designate the geographic area of the |
Electing Provider's service territory where the market |
regulation shall apply, either on a state-wide basis or in one |
or more specified Market Service Areas ("MSA") or Exchange |
areas. An Electing Provider shall not make an election for |
market regulation under this Section unless it commits in its |
written notice of election for market regulation to fulfill the |
conditions and requirements in this Section in each geographic |
area in which market regulation is elected. Immediately upon |
filing the notice of election for market regulation, the |
Electing Provider shall be subject to the jurisdiction of the |
Commission to the extent expressly provided in this Section. |
(c) Competitive classification. Market regulation shall |
only be available for competitive retail telecommunications |
services as provided in this subsection. |
(1) For geographic areas in which telecommunications |
services provided by the Electing Provider were classified |
as competitive either through legislative action or a |
tariff filing pursuant to Section 13-502 prior to January |
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1, 2010, and that are included in the Electing Provider's |
notice of election pursuant to subsection (b) of this |
Section, such services, and all recurring and nonrecurring |
charges associated with, related to or used in connection |
with such services, shall be classified as competitive |
without further Commission review. For services classified |
as competitive pursuant to this subsection, the |
requirements or conditions in any order or decision |
rendered by the Commission pursuant to Section 13-502 prior |
to the effective date of this amendatory Act of the 96th |
General Assembly, except for the commitments made by the |
Electing Provider in such order or decision concerning the |
optional packages required in subsection (d) of this |
Section and basic local exchange service as defined in this |
Section, shall no longer be in effect and no Commission |
investigation, review, or proceeding under Section 13-502 |
shall be continued, conducted, or maintained with respect |
to such services, charges, requirements, or conditions. |
(2) For those geographic areas in which residential |
local exchange telecommunications services have not been |
classified as competitive as of the effective date of this |
amendatory Act of the 96th General Assembly, all |
telecommunications services provided to residential and |
business end users by an Electing Provider in the |
geographic area that is included in its notice of election |
pursuant to subsection (b) shall be classified as |
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competitive for purposes of this Article without further |
Commission review. |
(3) If an Electing Provider was previously subject to |
alternative regulation pursuant to Section 13-506.1 of |
this Article, the alternative regulation plan shall |
terminate in whole for all services subject to that plan |
and be of no force or effect, without further Commission |
review or action, when the Electing Provider's residential |
local exchange telecommunications service in each MSA in |
its telecommunications service area in the State has been |
classified as competitive pursuant to either subdivision |
(c)(1) or (c)(2) of this Section. |
(4) The service packages described in Section 13-518 |
shall be classified as competitive for purposes of this |
Section if offered by an Electing Provider in a geographic |
area in which local exchange telecommunications service |
has been classified as competitive pursuant to either |
subdivision (c)(1) or (c)(2) of this Section. |
(5) Where a service, or its functional equivalent, or a |
substitute service offered by a carrier that is not an |
Electing Provider or the incumbent local exchange carrier |
for that area is also being offered by an Electing Provider |
for some identifiable class or group of customers in an |
exchange, group of exchanges, or some other clearly defined |
geographical area, the service offered by a carrier that is |
not an Electing Provider or the incumbent local exchange |
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carrier for that area shall be classified as competitive |
without further Commission review. |
(6) Notwithstanding any other provision of this Act, |
retail telecommunications services classified as |
competitive pursuant to Section 13-502 or subdivision |
(c)(5) of this Section shall have their rates, terms, and |
conditions solely determined and regulated pursuant to the |
terms of this Section in the same manner and to the same |
extent as the competitive retail telecommunications |
services of an Electing Provider, except that subsections |
(d), (g), and (j) of this Section shall not apply to a |
carrier that is not an Electing Provider or to the |
competitive telecommunications services of a carrier that |
is not an Electing Provider. The access services of a |
carrier that is not an Electing Provider shall remain |
subject to Section 13-900.2. The requirements in |
subdivision (e)(3) of this Section shall not apply to |
retail telecommunications services classified as |
competitive pursuant to Section 13-502 or subdivision |
(c)(5) of this Section, except that, upon request from the |
Commission, the telecommunications carrier providing |
competitive retail telecommunications services shall |
provide a report showing the number of credits and |
exemptions for the requested time period. |
(d) Consumer choice safe harbor options. |
(1) An Electing Provider in each of the MSA or Exchange |
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areas classified as competitive pursuant to subdivision |
(c)(1) or (c)(2) of this Section shall offer to all |
residential customers who choose to subscribe the |
following optional packages of services priced at the same |
rate levels in effect on January 1, 2010: |
(A) A basic package, which shall consist of a |
stand-alone residential network access line and 30 |
local calls. If the Electing Provider offers a |
stand-alone residential access line and local usage on |
a per call basis, the price for the basic package shall |
be the Electing Provider's applicable price in effect |
on January 1, 2010 for the sum of a residential access |
line and 30 local calls, additional calls over 30 calls |
shall be provided at the current per call rate. |
However, this basic package is not required if |
stand-alone residential network access lines or |
per-call local usage are not offered by the Electing |
Provider in the geographic area on January 1, 2010 or |
if the Electing Provider has not increased its |
stand-alone network access line and local usage rates, |
including Extended Area Service rates, since January |
1, 2010. |
(B) An extra package, which shall consist of |
residential basic local exchange network access line |
and unlimited local calls. The price for the extra |
package shall be the Electing Provider's applicable |
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price in effect on January 1, 2010 for a residential |
access line with unlimited local calls. |
(C) A plus package, which shall consist of |
residential basic local exchange network access line, |
unlimited local calls, and the customer's choice of 2 |
vertical services offered by the Electing Provider. |
The term "vertical services" as used in this |
subsection, includes, but is not limited to, call |
waiting, call forwarding, 3-way calling, caller ID, |
call tracing, automatic callback, repeat dialing, and |
voicemail. The price for the plus package shall be the |
Electing Provider's applicable price in effect on |
January 1, 2010 for the sum of a residential access |
line with unlimited local calls and 2 times the average |
price for the vertical features included in the |
package. |
(2) For those geographic areas in which local exchange |
telecommunications services were classified as competitive |
on the effective date of this amendatory Act of the 96th |
General Assembly, an Electing Provider in each such MSA or |
Exchange area shall be subject to the same terms and |
conditions as provided in commitments made by the Electing |
Provider in connection with such previous competitive |
classifications, which shall apply with equal force under |
this Section, except as follows: (i) the limits on price |
increases on the optional packages required by this Section |
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shall be extended consistent with subsection (d)(1) of this |
Section and (ii) the price for the extra package required |
by subsection (d)(1)(B) shall be reduced by one dollar from |
the price in effect on January 1, 2010. In addition, if an |
Electing Provider obtains a competitive classification |
pursuant to subsection (c)(1) and (c)(2), the price for the |
optional packages shall be determined in such area in |
compliance with subsection (d)(1), except the price for the |
plus package required by subsection (d)(1) (C) shall be the |
lower of the price for such area or the price of the plus |
package in effect on January 1, 2010 for areas classified |
as competitive pursuant to subsection (c)(1). |
(3) To the extent that the requirements in Section |
13-518 applied to a telecommunications carrier prior to the |
effective date of this Section and that telecommunications |
carrier becomes an Electing Provider in accordance with the |
provisions of this Section, the requirements in Section |
13-518 shall cease to apply to that Electing Provider in |
those geographic areas included in the Electing Provider's |
notice of election pursuant to subsection (b) of this |
Section. |
(4) An Electing Provider shall make the optional |
packages required by this subsection and stand-alone |
residential network access lines and local usage, where |
offered, readily available to the public by providing |
information, in a clear manner, to residential customers. |
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Information shall be made available on a website, and an |
Electing Provider shall provide notification to its |
customers every 6 months, provided that notification may |
consist of a bill page message that provides an objective |
description of the safe harbor options that includes a |
telephone number and website address where the customer may |
obtain additional information about the packages from the |
Electing Provider. The optional packages shall be offered |
on a monthly basis with no term of service requirement. An |
Electing Provider shall allow online electronic ordering |
of the optional packages and stand-alone residential |
network access lines and local usage, where offered, on its |
website in a manner similar to the online electronic |
ordering of its other residential services. |
(5) An Electing Provider shall comply with the |
Commission's existing rules, regulations, and notices in |
Title 83, Part 735 of the Illinois Administrative Code when |
offering or providing the optional packages required by |
this subsection (d) and stand-alone residential network |
access lines. |
(6) An Electing Provider shall provide to the |
Commission semi-annual subscribership reports as of June |
30 and December 31 that contain the number of its customers |
subscribing to each of the consumer choice safe harbor |
packages required by subsection (d)(1) of this Section and |
the number of its customers subscribing to retail |
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residential basic local exchange service as defined in |
subsection (a)(2) of this Section. The first semi-annual |
reports shall be made on April 1, 2011 for December 31, |
2010, and on September 1, 2011 for June 30, 2011, and |
semi-annually on April 1 and September 1 thereafter. Such |
subscribership information shall be accorded confidential |
and proprietary treatment upon request by the Electing |
Provider. |
(7) The Commission shall have the power, after notice |
and hearing as provided in this Article, upon complaint or |
upon its own motion, to take corrective action if the |
requirements of this Section are not complied with by an |
Electing Provider. |
(e) Service quality and customer credits for basic local |
exchange service. |
(1) An Electing Provider shall meet the following |
service quality standards in providing basic local |
exchange service, which for purposes of this subsection |
(e), includes both basic local exchange service and the |
consumer choice safe harbor options required by subsection |
(d) of this Section. |
(A) Install basic local exchange service within 5 |
business days after receipt of an order from the |
customer unless the customer requests an installation |
date that is beyond 5 business days after placing the |
order for basic service and to inform the customer of |
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the Electing Provider's duty to install service within |
this timeframe. If installation of service is |
requested on or by a date more than 5 business days in |
the future, the Electing Provider shall install |
service by the date requested. |
(B) Restore basic local exchange service for the |
customer within 30 hours after receiving notice that |
the customer is out of service. |
(C) Keep all repair and installation appointments |
for basic local exchange service if a customer premises |
visit requires a customer to be present. The |
appointment window shall be either a specific time or, |
at a maximum, a 4-hour time block during evening, |
weekend, and normal business hours. |
(D) Inform a customer when a repair or installation |
appointment requires the customer to be present. |
(2) Customers shall be credited by the Electing |
Provider for violations of basic local exchange service |
quality standards described in subdivision (e)(1) of this |
Section. The credits shall be applied automatically on the |
statement issued to the customer for the next monthly |
billing cycle following the violation or following the |
discovery of the violation. The next monthly billing cycle |
following the violation or the discovery of the violation |
means the billing cycle immediately following the billing |
cycle in process at the time of the violation or discovery |
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of the violation, provided the total time between the |
violation or discovery of the violation and the issuance of |
the credit shall not exceed 60 calendar days. The Electing |
Provider is responsible for providing the credits and the |
customer is under no obligation to request such credits. |
The following credits shall apply: |
(A) If an Electing Provider fails to repair an |
out-of-service condition for basic local exchange |
service within 30 hours, the Electing Provider shall |
provide a credit to the customer. If the service |
disruption is for more than 30 hours, but not more than |
48 hours, the credit must be equal to a pro-rata |
portion of the monthly recurring charges for all basic |
local exchange services disrupted. If the service |
disruption is for more than 48 hours, but not more than |
72 hours, the credit must be equal to at least 33% of |
one month's recurring charges for all local services |
disrupted. If the service disruption is for more than |
72 hours, but not more than 96 hours, the credit must |
be equal to at least 67% of one month's recurring |
charges for all basic local exchange services |
disrupted. If the service disruption is for more than |
96 hours, but not more than 120 hours, the credit must |
be equal to one month's recurring charges for all basic |
local exchange services disrupted. For each day or |
portion thereof that the service disruption continues |
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beyond the initial 120-hour period, the Electing |
Provider shall also provide an additional credit of $20 |
per calendar day. |
(B) If an Electing Provider fails to install basic |
local exchange service as required under subdivision |
(e)(1) of this Section, the Electing Provider shall |
waive 50% of any installation charges, or in the |
absence of an installation charge or where |
installation is pursuant to the Link Up program, the |
Electing Provider shall provide a credit of $25. If an |
Electing Provider fails to install service within 10 |
business days after the service application is placed, |
or fails to install service within 5 business days |
after the customer's requested installation date, if |
the requested date was more than 5 business days after |
the date of the order, the Electing Provider shall |
waive 100% of the installation charge, or in the |
absence of an installation charge or where |
installation is provided pursuant to the Link Up |
program, the Electing Provider shall provide a credit |
of $50. For each day that the failure to install |
service continues beyond the initial 10 business days, |
or beyond 5 business days after the customer's |
requested installation date, if the requested date was |
more than 5 business days after the date of the order, |
the Electing Provider shall also provide an additional |
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credit of $20 per calendar day until the basic local |
exchange service is installed. |
(C) If an Electing Provider fails to keep a |
scheduled repair or installation appointment when a |
customer premises visit requires a customer to be |
present as required under subdivision (e)(1) of this |
Section, the Electing Provider shall credit the |
customer $25 per missed appointment. A credit required |
by this subdivision does not apply when the Electing |
Provider provides the customer notice of its inability |
to keep the appointment no later than 8:00 pm of the |
day prior to the scheduled date of the appointment. |
(D) Credits required by this subsection do not |
apply if the violation of a service quality standard: |
(i) occurs as a result of a negligent or |
willful act on the part of the customer; |
(ii) occurs as a result of a malfunction of |
customer-owned telephone equipment or inside |
wiring; |
(iii) occurs as a result of, or is extended by, |
an emergency situation as defined in 83 Ill. Adm. |
Code 732.10; |
(iv) is extended by the Electing Provider's |
inability to gain access to the customer's |
premises due to the customer missing an |
appointment, provided that the violation is not |
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further extended by the Electing Provider; |
(v) occurs as a result of a customer request to |
change the scheduled appointment, provided that |
the violation is not further extended by the |
Electing Provider; |
(vi) occurs as a result of an Electing |
Provider's right to refuse service to a customer as |
provided in Commission rules; or |
(vii) occurs as a result of a lack of |
facilities where a customer requests service at a |
geographically remote location, where a customer |
requests service in a geographic area where the |
Electing Provider is not currently offering |
service, or where there are insufficient |
facilities to meet the customer's request for |
service, subject to an Electing Provider's |
obligation for reasonable facilities planning. |
(3) Each Electing Provider shall provide to the |
Commission on a quarterly basis and in a form suitable for |
posting on the Commission's website in conformance with the |
rules adopted by the Commission and in effect on April 1, |
2010, a public report that includes the following data for |
basic local exchange service quality of service: |
(A) With regard to credits due in accordance with |
subdivision (e)(2)(A) as a result of out-of-service |
conditions lasting more than 30 hours: |
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(i) the total dollar amount of any customer |
credits paid; |
(ii) the number of credits issued for repairs |
between 30 and 48 hours; |
(iii) the number of credits issued for repairs |
between 49 and 72 hours; |
(iv) the number of credits issued for repairs |
between 73 and 96 hours; |
(v) the number of credits used for repairs |
between 97 and 120 hours; |
(vi) the number of credits issued for repairs |
greater than 120 hours; and |
(vii) the number of exemptions claimed for |
each of the categories identified in subdivision |
(e)(2)(D). |
(B) With regard to credits due in accordance with |
subdivision (e)(2)(B) as a result of failure to install |
basic local exchange service: |
(i) the total dollar amount of any customer |
credits paid; |
(ii) the number of installations after 5 |
business days; |
(iii) the number of installations after 10 |
business days; |
(iv) the number of installations after 11 |
business days; and |
|
(v) the number of exemptions claimed for each |
of the categories identified in subdivision |
(e)(2)(D). |
(C) With regard to credits due in accordance with |
subdivision (e)(2)(C) as a result of missed |
appointments: |
(i) the total dollar amount of any customer |
credits paid; |
(ii) the number of any customers receiving |
credits; and |
(iii) the number of exemptions claimed for |
each of the categories identified in subdivision |
(e)(2)(D). |
(D) The Electing Provider's annual report required |
by this subsection shall also include, for |
informational reporting, the performance data |
described in subdivisions (e)(2)(A), (e)(2)(B), and |
(e)(2)(C), and trouble reports per 100 access lines |
calculated using the Commission's existing applicable |
rules and regulations for such measures, including the |
requirements for service standards established in this |
Section. |
(4) It is the intent of the General Assembly that the |
service quality rules and customer credits in this |
subsection (e) of this Section and other enforcement |
mechanisms, including fines and penalties authorized by |
|
Section 13-305, shall apply on a nondiscriminatory basis to |
all Electing Providers. Accordingly, notwithstanding any |
provision of any service quality rules promulgated by the |
Commission, any alternative regulation plan adopted by the |
Commission, or any other order of the Commission, any |
Electing Provider that is subject to any other order of the |
Commission and that violates or fails to comply with the |
service quality standards promulgated pursuant to this |
subsection (e) or any other order of the Commission shall |
not be subject to any fines, penalties, customer credits, |
or enforcement mechanisms other than such fines or |
penalties or customer credits as may be imposed by the |
Commission in accordance with the provisions of this |
subsection (e) and Section 13-305, which are to be |
generally applicable to all Electing Providers. The amount |
of any fines or penalties imposed by the Commission for |
failure to comply with the requirements of this subsection |
(e) shall be an appropriate amount, taking into account, at |
a minimum, the Electing Provider's gross annual intrastate |
revenue; the frequency, duration, and recurrence of the |
violation; and the relative harm caused to the affected |
customers or other users of the network. In imposing fines |
and penalties, the Commission shall take into account |
compensation or credits paid by the Electing Provider to |
its customers pursuant to this subsection (e) in |
compensation for any violation found pursuant to this |
|
subsection (e), and in any event the fine or penalty shall |
not exceed an amount equal to the maximum amount of a civil |
penalty that may be imposed under Section 13-305. |
(5) An Electing Provider in each of the MSA or Exchange |
areas classified as competitive pursuant to subsection (c) |
of this Section shall fulfill the requirements in |
subdivision (e)(3) of this Section for 3 years after its |
notice of election becomes effective. After such 3 years, |
the requirements in subdivision (e)(3) of this Section |
shall not apply to such Electing Provider, except that, |
upon request from the Commission, the Electing Provider |
shall provide a report showing the number of credits and |
exemptions for the requested time period. |
(f) Commission jurisdiction over competitive retail |
telecommunications services upon election for market |
regulation . Except as otherwise expressly stated in this |
Section, the Commission shall thereafter have no jurisdiction |
or authority over any aspect of competitive retail |
telecommunications service of an Electing Provider in those |
geographic areas included in the Electing Provider's notice of |
election pursuant to subsection (b) of this Section or of a |
retail telecommunications service classified as competitive |
pursuant to Section 13-502 or subdivision (c)(5) of this |
Section , heretofore subject to the jurisdiction of the |
Commission, including but not limited to, any requirements of |
this Article related to the terms, conditions, rates, quality |
|
of service, availability, classification or any other aspect of |
any of the Electing Provider's competitive retail |
telecommunications services. No telecommunications carrier |
Electing Provider shall commit any unfair or deceptive act or |
practice in connection with any aspect of the offering or |
provision of any competitive retail telecommunications |
service. Nothing in this Article shall limit or affect any |
provisions in the Consumer Fraud and Deceptive Business |
Practices Act with respect to any unfair or deceptive act or |
practice by a telecommunications carrier an Electing Provider . |
(g) Commission authority over access services upon |
election for market regulation. |
(1) As part of its Notice of Election for Market |
Regulation, the Electing Provider shall reduce its |
intrastate switched access rates to rates no higher than |
its interstate switched access rates in 4 installments. The |
first reduction must be made 30 days after submission of |
its complete application for Notice of Election for Market |
Regulation, and the Electing Provider must reduce its |
intrastate switched access rates by an amount equal to 33% |
of the difference between its current intrastate switched |
access rates and its current interstate switched access |
rates. The second reduction must be made no later than one |
year after the first reduction, and the Electing Provider |
must reduce its then current intrastate switched access |
rates by an amount equal to 41% of the difference between |
|
its then current intrastate switched access rates and its |
then current interstate switched access rates. The third |
reduction must be made no later than one year after the |
second reduction, and the Electing Provider must reduce its |
then current intrastate switched access rates by an amount |
equal to 50% of the difference between its then current |
intrastate switched access rate and its then current |
interstate switched access rates. The fourth reduction |
must be made on or before June 30, 2013, and the Electing |
Provider must reduce its intrastate switched access rate to |
mirror its then current interstate switched access rates |
and rate structure. Following the fourth reduction, each |
Electing Provider must continue to set its intrastate |
switched access rates to mirror its interstate switched |
access rates and rate structure. For purposes of this |
subsection, the rate for intrastate switched access |
service means the composite, per-minute rate for that |
service, including all applicable fixed and |
traffic-sensitive charges, including, but not limited to, |
carrier common line charges. |
(2) Nothing in paragraph (1) of this subsection (g) |
prohibits an Electing Provider from electing to offer |
intrastate switched access service at rates lower than its |
interstate switched access rates. |
(3) The Commission shall have no authority to order an |
Electing Provider to set its rates for intrastate switched |
|
access at a level lower than its interstate switched access |
rates. |
(4) The Commission's authority under this subsection |
(g) shall only apply to Electing Providers under Market |
Regulation. The Commission's authority over switched |
access services for all other carriers is retained under |
Section 13-900.2 of this Act. |
(h) Safety of service equipment and facilities. |
(1) An Electing Provider shall furnish, provide, and |
maintain such service instrumentalities, equipment, and |
facilities as shall promote the safety, health, comfort, |
and convenience of its patrons, employees, and public and |
as shall be in all respects adequate, reliable, and |
efficient without discrimination or delay. Every Electing |
Provider shall provide service and facilities that are in |
all respects environmentally safe. |
(2) The Commission is authorized to conduct an |
investigation of any Electing Provider or part thereof. The |
investigation may examine the reasonableness, prudence, or |
efficiency of any aspect of the Electing Provider's |
operations or functions that may affect the adequacy, |
safety, efficiency, or reliability of telecommunications |
service. The Commission may conduct or order an |
investigation only when it has reasonable grounds to |
believe that the investigation is necessary to assure that |
the Electing Provider is providing adequate, efficient, |
|
reliable, and safe service. The Commission shall, before |
initiating any such investigation, issue an order |
describing the grounds for the investigation and the |
appropriate scope and nature of the investigation, which |
shall be reasonably related to the grounds relied upon by |
the Commission in its order. |
(i) (Blank). Tariffs. No Electing Provider shall offer or |
provide telecommunications service unless and until a tariff is |
filed with the Commission that describes the nature of the |
service, applicable rates and other charges, terms, and |
conditions of service and the exchange, exchanges, or other |
geographical area or areas in which the service shall be |
offered or provided. The Commission may prescribe the form of |
such tariff and any additional data or information that shall |
be included in the form. Revenue from retail competitive |
services received from an Electing Provider pursuant to such |
tariffs shall be gross revenue for purposes of Section 2-202 of |
this Act. |
(j) Application of Article VII. The provisions of Sections |
7-101, 7-102, 7-103, 7-104, 7-204, 7-205, and 7-206 of this Act |
are applicable to an Electing Provider offering or providing |
retail telecommunications service, and the Commission's |
regulation thereof, except that (1) the approval of contracts |
and arrangements with affiliated interests required by |
paragraph (3) of Section 7-101 shall not apply to such |
telecommunications carriers provided that, except as provided |
|
in item (2), those contracts and arrangements shall be filed |
with the Commission; (2) affiliated interest contracts or |
arrangements entered into by such telecommunications carriers |
where the increased obligation thereunder does not exceed the |
lesser of $5,000,000 or 5% of such carrier's prior annual |
revenue from noncompetitive services are not required to be |
filed with the Commission; and (3) any consent and approval of |
the Commission required by Section 7-102 is not required for |
the sale, lease, assignment, or transfer by any Electing |
Provider of any real property that is not necessary or useful |
in the performance of its duties to the public. |
(k) Notwithstanding other provisions of this Section, the |
Commission retains its existing authority to enforce the |
provisions, conditions, and requirements of the following |
Sections of this Article: 13-101, 13-103, 13-201, 13-301, |
13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, |
13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, |
13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503, |
13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, |
13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, |
13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, |
13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully |
and equally applicable to Electing Providers and to |
telecommunications carriers providing retail |
telecommunications service classified as competitive pursuant |
to Section 13-502 or subdivision (c)(5) of this Section subject |
|
to the provisions of this Section. On the effective date of |
this amendatory Act of the 98th 96th General Assembly, the |
following Sections of this Article shall cease to apply to |
Electing Providers and to telecommunications carriers |
providing retail telecommunications service classified as |
competitive pursuant to Section 13-502 or subdivision (c)(5) of |
this Section : 13-302, 13-405.1, 13-501, 13-502, 13-502.5, |
13-503, 13-504, 13-505.2, 13-505.3, 13-505.4, 13-505.5, |
13-505.6, 13-506.1, 13-507, 13-507.1, 13-508, 13-508.1, |
13-517, 13-518, 13-601, 13-701, and 13-712.
|
(Source: P.A. 96-927, eff. 6-15-10.)
|
(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
|
(Section scheduled to be repealed on July 1, 2013)
|
Sec. 13-509.
Agreements for provisions of competitive |
telecommunications
services differing from tariffs or written |
service offerings . A telecommunications carrier may negotiate
|
with customers or
prospective customers to provide competitive |
telecommunications service, and in
so
doing, may offer or agree |
to provide such service on such terms and for
such rates or |
charges as are reasonable, without regard to any
tariffs
it may |
have filed with the Commission or written service offerings |
posted on the telecommunications carrier's website pursuant to |
Section 13-501(c) of this Act with respect to
such services. |
Upon request of the Commission,
the telecommunications carrier |
shall submit to the Commission written
notice of a list of any |
|
such agreements (which list may be filed
electronically) within |
the past year. The notice shall identify the general nature
of |
all such agreements. A copy of each such
agreement shall be |
provided to the Commission
within 10 business days after a |
request for review of the agreement is made by
the Commission |
or is made to the Commission
by another telecommunications |
carrier or by a party to such agreement.
|
Any agreement or notice entered into or submitted pursuant |
to the
provisions of this Section may, in the Commission's |
discretion, be accorded
proprietary treatment.
|
(Source: P.A. 96-927, eff. 6-15-10.)
|
(220 ILCS 5/13-514)
|
(Section scheduled to be repealed on July 1, 2013)
|
Sec. 13-514. Prohibited Actions of Telecommunications |
Carriers. A
telecommunications carrier shall not knowingly |
impede the
development of competition in any |
telecommunications service
market. The following prohibited |
actions are considered per se impediments to
the
development of |
competition; however, the Commission is not limited in any
|
manner to these enumerated impediments and may consider other |
actions which
impede competition to be prohibited:
|
(1) unreasonably refusing or delaying interconnections or |
collocation or
providing inferior
connections to another |
telecommunications carrier;
|
(2) unreasonably impairing the speed, quality, or |
|
efficiency of services
used
by another telecommunications |
carrier;
|
(3) unreasonably denying a request of another provider for
|
information regarding the technical design and features,
|
geographic coverage, information necessary for the design of |
equipment, and
traffic capabilities of the local
exchange |
network except for proprietary information unless such |
information is
subject to a proprietary agreement or protective |
order;
|
(4) unreasonably delaying access in connecting another |
telecommunications
carrier to the local exchange network whose |
product or service requires novel
or specialized
access |
requirements;
|
(5) unreasonably refusing or delaying access by any person |
to another
telecommunications carrier;
|
(6) unreasonably acting or failing to act in a manner that |
has a substantial
adverse effect on the ability of another |
telecommunications
carrier to provide service to its |
customers;
|
(7) unreasonably failing to offer services to customers in |
a local exchange,
where a telecommunications carrier is |
certificated to provide
service and has entered into an |
interconnection agreement
for the provision of local exchange |
telecommunications
services, with the intent to delay or impede |
the ability of the
incumbent local exchange telecommunications |
carrier to
provide inter-LATA telecommunications services;
|
|
(8) violating the terms of or unreasonably delaying |
implementation of an
interconnection agreement entered into |
pursuant to Section 252 of the federal
Telecommunications Act |
of 1996 in a manner that unreasonably delays,
increases the |
cost, or
impedes the availability of telecommunications |
services to
consumers ;
|
(9) unreasonably refusing or delaying access to or |
provision of
operation support systems to another |
telecommunications carrier or providing
inferior operation |
support systems to another telecommunications carrier;
|
(10) unreasonably failing to offer network elements that |
the Commission or
the Federal Communications Commission has |
determined must be offered on an
unbundled basis to another |
telecommunications carrier in a manner consistent
with the |
Commission's or Federal Communications Commission's orders or |
rules
requiring such offerings;
|
(11) violating the obligations of Section 13-801; and
|
(12) violating an order of the Commission regarding matters |
between
telecommunications
carriers.
|
(Source: P.A. 92-22, eff. 6-30-01 .)
|
(220 ILCS 5/13-515)
|
(Section scheduled to be repealed on July 1, 2013)
|
Sec. 13-515. Enforcement.
|
(a) The following expedited procedures shall be used
to |
enforce the provisions of Section 13-514 of this
Act , provided |
|
that, for a violation of paragraph (8) of Section 13-514 to |
qualify for the expedited procedures of this Section, the |
violation must be in a manner that unreasonably delays, |
increases the cost, or impedes the availability of |
telecommunications services to consumers . However, the
|
Commission, the complainant, and the respondent may mutually |
agree to adjust
the
procedures established in this Section.
|
(b) (Blank).
|
(c) No complaint may be filed under this Section until the
|
complainant has first notified the respondent of the alleged
|
violation and offered the respondent
48 hours to correct the |
situation. Provision of notice and the
opportunity to correct |
the situation creates a rebuttable presumption of
knowledge |
under Section 13-514.
After the filing of a complaint under |
this Section, the parties may agree to
follow the mediation |
process under Section 10-101.1 of this Act. The time
periods |
specified in subdivision (d)(7) of this Section shall be tolled
|
during the time
spent in mediation under Section 10-101.1.
|
(d) A telecommunications carrier may file a complaint with |
the
Commission alleging a violation of Section 13-514 in
|
accordance with this subsection:
|
(1) The complaint shall be filed with the Chief Clerk |
of the
Commission and shall be served in hand upon the
|
respondent, the executive director, and the general
|
counsel of the Commission at the time of the filing.
|
(2) A complaint filed under this subsection shall |
|
include a
statement that the requirements of subsection (c)
|
have been fulfilled and that the respondent did not
correct |
the situation as requested.
|
(3) Reasonable discovery specific to the issue of the |
complaint may
commence upon filing of the complaint.
|
Requests for discovery must be served in hand and
responses |
to discovery must be provided in hand to
the requester |
within 14 days after a request for
discovery is made.
|
(4) An answer and any other responsive pleading to the
|
complaint shall be filed with the Commission and
served in |
hand at the same time upon the
complainant, the executive |
director, and the general
counsel of the Commission within |
7 days after the
date on which the complaint is filed.
|
(5) If the answer or responsive pleading raises the |
issue that the
complaint violates subsection (i) of this |
Section, the complainant may file a
reply to
such |
allegation within 3 days after actual service of such |
answer or responsive
pleading. Within 4 days after the time |
for filing a reply has expired, the
hearing officer or |
arbitrator shall either issue a written decision |
dismissing
the complaint as frivolous in violation of |
subsection (i) of this Section
including the
reasons for |
such disposition or shall issue an order directing that the
|
complaint shall proceed.
|
(6) A pre-hearing conference shall be held within 14 |
days
after the date on which the complaint is filed.
|
|
(7) The hearing shall commence within 30 days of the
|
date on which the complaint is filed. The hearing may
be |
conducted by a hearing examiner or by an
arbitrator. |
Parties and the Commission staff shall be
entitled to |
present evidence and legal argument in oral
or written form |
as deemed appropriate by the hearing examiner or |
arbitrator.
The hearing examiner or arbitrator shall issue
|
a written decision within 60 days after the date on
which |
the complaint is filed. The decision shall
include reasons |
for the disposition of the complaint
and, if a violation of |
Section 13-514 is found, directions
and a deadline for |
correction of the violation.
|
(8) Any party may file a petition requesting the |
Commission to review
the decision of the hearing examiner |
or arbitrator within 5 days of such
decision. Any party may |
file a response to a petition for review within 3
business |
days after actual service of the petition. After the time |
for filing
of the petition for review, but no later than 15 |
days after the decision of the
hearing examiner or |
arbitrator, the Commission shall decide to adopt the
|
decision of the hearing examiner or arbitrator or shall |
issue its own final
order.
|
(e) If the alleged violation has a substantial adverse |
effect
on the ability of the complainant to provide service to
|
customers, the complainant may include in its complaint a
|
request for an order for emergency relief. The
Commission, |
|
acting through its designated hearing
examiner or arbitrator, |
shall act upon such a request
within 2 business days of the |
filing of the complaint. An order for
emergency relief may be |
granted, without an evidentiary
hearing, upon a verified |
factual showing that the party
seeking relief will likely |
succeed on the merits, that the
party will suffer irreparable |
harm in its ability to serve
customers if emergency relief is |
not granted, and that the
order is in the public interest. An |
order for emergency
relief shall include a finding that the |
requirements of this
subsection have been fulfilled and shall |
specify the
directives that must be fulfilled by the respondent |
and
deadlines for meeting those directives. The decision of
the |
hearing examiner or arbitrator to grant or deny
emergency |
relief shall be considered an order of the
Commission unless |
the Commission enters its own order within 2 calendar days of
|
the decision of the hearing examiner or arbitrator. The order |
for emergency
relief may require
the responding party to act or |
refrain from acting so as to
protect the provision of |
competitive service offerings to
customers. Any action |
required by an emergency relief
order must be technically |
feasible and economically reasonable and the
respondent
must be |
given a reasonable period of time to comply with
the order.
|
(f) The Commission is authorized to obtain outside |
resources
including, but not limited to, arbitrators and |
consultants for
the purposes of the hearings authorized by this |
Section.
Any arbitrator or consultant obtained by the |
|
Commission
shall be approved by both parties to the hearing.
|
The cost of such outside resources including, but not limited |
to, arbitrators
and consultants shall be borne by the parties. |
The Commission shall review
the bill for reasonableness and |
assess the parties for reasonable costs
dividing the costs |
according to the resolution of the complaint brought under
this |
Section. Such costs shall be paid by the parties directly to |
the
arbitrators, consultants, and other providers of outside |
resources within 60
days after receiving notice of the |
assessments from the Commission. Interest
at the statutory rate |
shall accrue after expiration of the 60-day period. The
|
Commission, arbitrators, consultants, or other providers of |
outside
resources may apply to a court of competent |
jurisdiction for an order
requiring payment.
|
(g) The Commission shall assess the parties under this |
subsection for
all of the
Commission's costs of investigation |
and conduct of the
proceedings brought under this Section |
including, but not limited to, the
prorated salaries of staff, |
attorneys, hearing examiners, and support
personnel and |
including any travel and per diem, directly attributable to the
|
complaint brought pursuant to this Section, but excluding those |
costs provided
for in subsection (f), dividing the costs |
according to the resolution of
the complaint brought under this |
Section. All
assessments made under this subsection shall be |
paid into the Public
Utility Fund within
60 days after |
receiving notice of the assessments from the
Commission. |
|
Interest at the statutory rate shall accrue after
the |
expiration of the 60 day period. The Commission is
authorized |
to apply to a court of competent jurisdiction for an
order |
requiring payment.
|
(h) If the Commission determines that there is an imminent
|
threat to competition or to the public interest, the
Commission |
may, notwithstanding any other provision of this Act, seek
|
temporary, preliminary, or permanent
injunctive relief from a |
court of competent jurisdiction either
prior to or after the |
hearing.
|
(i) A party shall not bring or defend a proceeding brought |
under
this Section or assert or controvert an issue in a |
proceeding brought under
this Section, unless
there is a |
non-frivolous basis for doing so. By presenting a
pleading, |
written motion, or other paper in complaint or
defense of the |
actions or inaction of a party under this
Section, a party is |
certifying to the Commission that to the
best of that party's |
knowledge, information, and belief,
formed after a reasonable |
inquiry of the subject matter of the
complaint or defense, that |
the complaint or defense is well
grounded in law and fact, and |
under the circumstances:
|
(1) it is not being presented to harass the other |
party,
cause unnecessary delay in the provision of
|
competitive telecommunications services to
consumers, or |
create needless increases in the cost of
litigation; and
|
(2) the allegations and other factual contentions have
|
|
evidentiary support or, if specifically so identified, are
|
likely to have evidentiary support after reasonable
|
opportunity for further investigation or discovery as |
defined herein.
|
(j) If, after notice and a reasonable opportunity to |
respond,
the Commission determines that subsection (i) has been
|
violated, the Commission shall impose appropriate
sanctions |
upon the party or parties that have violated
subsection (i) or |
are responsible for the violation. The
sanctions shall be not |
more than $30,000, plus the
amount of expenses accrued by the |
Commission for
conducting the hearing. Payment of sanctions |
imposed under this subsection
shall be made to the Common |
School Fund within 30 days of
imposition of such sanctions.
|
(k) An appeal of a Commission Order made pursuant to this
|
Section shall not effectuate a stay of the Order unless a court
|
of competent jurisdiction specifically finds that the party
|
seeking the stay will likely succeed on the merits, that the |
party
will suffer irreparable harm without the stay, and that |
the stay is
in the public interest.
|
(Source: P.A. 92-22, eff. 6-30-01 .)
|
(220 ILCS 5/13-516)
|
(Section scheduled to be repealed on July 1, 2013)
|
Sec. 13-516.
Enforcement remedies for prohibited actions |
by
telecommunications
carriers.
|
(a) In addition to any other provision of this Act, all of |
|
the following
remedies
may be applied for violations of Section |
13-514 , provided that, for a violation of paragraph (8) of |
Section 13-514 to qualify for the remedies in this Section, the |
violation must be in a manner that unreasonably delays, |
increases the cost, or impedes the availability of |
telecommunications services to consumers :
|
(1) A Commission order directing the violating |
telecommunications carrier
to cease and desist from |
violating the Act or a Commission order or rule.
|
(2) Notwithstanding any other provision of this Act, |
for a second
and any subsequent violation of Section 13-514 |
committed by a
telecommunications carrier after the |
effective date of this amendatory Act of
the 92nd General |
Assembly, the
Commission may impose penalties of up to |
$30,000
or 0.00825% of the telecommunications carrier's |
gross intrastate annual
telecommunications
revenue, |
whichever is greater,
per violation unless the |
telecommunications carrier has fewer than 35,000
|
subscriber access
lines, in which case the civil penalty |
may not exceed $2,000 per violation.
The second and any |
subsequent violation of Section 13-514 need not be of the
|
same nature or provision of the Section for a penalty to be |
imposed.
Matters resolved through voluntary mediation |
pursuant to Section 10-101.1
shall not be considered as a |
violation of Section 13-514 in computing
eligibility for |
imposition of a penalty under this subdivision (a)(2).
Each |
|
day of a continuing offense shall be treated as a
separate |
violation for purposes of levying any penalty under this
|
Section. The period for which the penalty shall be levied |
shall
commence on the day the
telecommunications carrier |
first violated Section 13-514 or on the day of the
notice |
provided to the telecommunications carrier pursuant to |
subsection (c) of
Section 13-515, whichever is later, and |
shall continue until
the telecommunications carrier is in |
compliance with the
Commission order.
In assessing a |
penalty under this subdivision (a)(2), the Commission may
|
consider mitigating factors, including those specified in |
items (1) through (4)
of subsection (a) of Section 13-304.
|
(3) The Commission shall award damages, attorney's |
fees, and costs to
any telecommunications carrier that was |
subjected to a violation of
Section 13-514.
|
(b) The Commission may waive penalties imposed under |
subdivision (a)(2)
if it makes a written finding as to its |
reasons for waiving the
penalty. Reasons for waiving a penalty |
shall
include, but not be
limited
to, technological |
infeasibility and acts of God.
|
(c) The Commission shall establish by rule procedures for |
the imposition of
remedies under subsection (a) that, at a |
minimum, provide for
notice, hearing and a written order |
relating to the imposition of remedies.
|
(d) Unless enforcement of an order entered by the |
Commission under Section
13-515 otherwise directs or is stayed |
|
by the Commission or by an appellate
court reviewing the |
Commission's order, at any time after 30
days from the entry of |
the order, either the Commission, or the
telecommunications |
carrier found by the Commission to have been subjected to
a |
violation of Section 13-514, or both, is authorized to petition |
a court of
competent jurisdiction for an order at law or in |
equity requiring enforcement
of the Commission order. The court |
shall determine (1) whether the Commission
entered the order |
identified in the petition and (2) whether the violating
|
telecommunications carrier has complied with the Commission's |
order. A
certified copy of a Commission order shall be prima |
facie evidence that the
Commission entered the order so |
certified. Pending the court's resolution of
the petition, the |
court may award temporary or preliminary injunctive relief,
or |
such other equitable relief as may be necessary, to effectively |
implement
and
enforce the Commission's order in a timely |
manner.
|
If after a hearing the court finds that the Commission |
entered the order
identified in the petition and that the |
violating telecommunications carrier
has not complied with the |
Commission's order, the court shall enter judgment
requiring |
the violating telecommunications carrier to comply with the
|
Commission's order and order such relief at law or in equity as |
the court deems
necessary to effectively implement and enforce |
the Commission's order in a
timely manner. The court shall also |
award to the petitioner, or petitioners,
attorney's fees and |
|
costs, which shall be taxed and collected as part of the
costs |
of the case.
|
If the court finds that the violating telecommunications
|
carrier has failed to comply with the timely payment of |
damages, attorney's
fees, or costs ordered by the Commission, |
the court shall order the
violating telecommunications carrier |
to pay to the telecommunications carrier
or carriers awarded |
the damages, fees, or costs by the Commission
additional |
damages for the sake of example and by way of punishment for |
the
failure to timely comply with the order of the Commission, |
unless the court
finds a reasonable basis for the violating |
telecommunications carrier's failure
to make timely payment |
according to the Commission's order, in which instance
the |
court shall establish a new date for payment to be made.
|
(e) Payment of damages, attorney's fees, and costs imposed
|
under subsection (a) shall be made
within 30 days after |
issuance of the Commission order imposing the penalties,
|
damages, attorney's fees, or costs, unless otherwise directed |
by the Commission
or a reviewing court under an appeal taken |
pursuant to Article X. Payment of
penalties imposed under |
subsection (a) shall be made
to the Common School Fund within |
30 days of issuance of the Commission order
imposing the |
penalties.
|
(Source: P.A. 92-22, eff. 6-30-01 .)
|
(220 ILCS 5/13-712)
|
|
(Section scheduled to be repealed on July 1, 2013)
|
Sec. 13-712. Basic local exchange service quality; |
customer credits.
|
(a) It is the intent of the General Assembly that every |
telecommunications
carrier meet
minimum service quality |
standards in providing noncompetitive basic local exchange |
service on
a non-discriminatory basis to all classes of |
customers.
|
(b) Definitions:
|
(1) (Blank).
|
(2) "Basic local exchange service" means residential |
and business lines
used
for local
exchange |
telecommunications service as defined in Section 13-204 of |
this Act, that have not been classified as competitive |
pursuant to either Section 13-502 or subdivision (c)(5) of |
Section 13-506.2 of this Act,
excluding:
|
(A) services that employ advanced |
telecommunications capability as
defined
in Section |
706(c)(1) of the federal Telecommunications Act of |
1996;
|
(B) vertical services;
|
(C) company official lines; and
|
(D) records work only.
|
(3) "Link Up" refers to the Link Up Assistance program |
defined and
established
at 47
C.F.R. Section 54.411 et seq. |
as amended.
|
|
(c) The Commission shall promulgate service quality rules
|
for basic local exchange service, which may include fines, |
penalties, customer
credits, and other enforcement mechanisms. |
In developing such service quality
rules, the Commission shall |
consider, at a minimum, the carrier's gross annual
intrastate |
revenue; the frequency, duration, and recurrence of the |
violation;
and the relative harm caused to the affected |
customer or other users of the
network. In imposing fines, the |
Commission shall take into account
compensation or credits paid |
by the telecommunications carrier to its customers
pursuant to |
this Section in compensation for the violation found pursuant |
to
this Section. These rules shall become effective within one |
year after the
effective date of this amendatory Act of the |
92nd General Assembly.
|
(d) The rules shall, at a minimum, require each |
telecommunications carrier
to do all of the following:
|
(1) Install basic local exchange service within 5 |
business days after
receipt
of an
order from the customer |
unless the customer requests an installation date that
is
|
beyond 5 business days after placing the order for basic |
service and to inform
the customer of its duty to install |
service within this timeframe. If
installation
of
service |
is requested on or by a date more than 5 business days in |
the future,
the
telecommunications carrier shall install |
service by the date requested. A
telecommunications |
carrier offering basic local exchange service utilizing |
|
the
network or network elements of another carrier shall |
install new lines for
basic local exchange service within 3 |
business days after provisioning of the
line or lines by |
the carrier whose network or network elements are being
|
utilized is complete. This
subdivision (d)(1) does not |
apply to the migration of a customer between
|
telecommunications carriers, so long as the customer |
maintains dial tone.
|
(2) Restore basic local exchange service for a customer |
within 30 hours of
receiving
notice that a customer is out |
of service. This provision applies to service
disruptions |
that occur when a customer switches existing basic local |
exchange
service from one carrier to another.
|
(3) Keep all repair and installation appointments for |
basic local exchange
service,
when a customer premises |
visit requires a customer to be present.
|
(4) Inform a customer when a repair or installation |
appointment requires
the customer to be present.
|
(e) The rules shall include provisions for customers to be
|
credited by the
telecommunications carrier for violations of |
basic local exchange service
quality
standards as described in |
subsection (d).
The credits shall be applied on the statement |
issued to the
customer for the next monthly billing cycle |
following the violation or
following the discovery of the |
violation.
The performance levels established in subsection |
(c) are solely for the
purposes
of consumer credits and shall |
|
not be used as performance levels for the
purposes of
assessing |
penalties under Section 13-305.
At a minimum, the rules shall
|
include the following:
|
(1) If a carrier fails to repair an out-of-service |
condition for basic
local
exchange service within 30 hours, |
the carrier shall provide a credit to
the customer. If the |
service disruption is for over 30 hours but less than 48 |
hours, the
credit must be equal to a pro-rata portion of |
the monthly recurring charges for
all
local services |
disrupted. If the service disruption is for more than 48
|
hours, but not more than 72 hours, the credit must be equal |
to at least
33% of one month's recurring charges for all |
local services disrupted. If the
service disruption is for |
more than 72 hours, but not more than 96
hours, the credit |
must be equal to at least 67% of one month's
recurring |
charges for all local services disrupted. If the service |
disruption
is for
more than 96 hours, but not more than 120 |
hours, the credit must be equal to
one month's recurring |
charges for all
local
services disrupted. For each day or |
portion thereof that the service
disruption continues |
beyond
the initial 120-hour period, the carrier shall also |
provide
an additional credit of $20 per day.
|
(2) If a carrier fails to install basic local exchange |
service as required
under subdivision (d)(1),
the carrier |
shall waive 50% of
any installation charges, or in the |
absence of an installation charge or where
installation is |
|
pursuant to the Link Up
program, the carrier shall provide |
a credit of $25. If a carrier fails to
install service |
within 10 business days after the service application is
|
placed, or fails to install service within 5 business days |
after the customer's
requested installation date, if the |
requested date was more than 5 business
days after the date |
of the order, the carrier shall waive 100% of the
|
installation charge, or in the absence of an installation |
charge or where
installation is provided pursuant to the |
Link Up program, the carrier shall
provide a credit of $50. |
For each day that the failure to install service
continues |
beyond the initial 10 business days, or beyond 5 business |
days after
the customer's requested installation date, if |
the requested date was more than
5 business days after the |
date of the order, the
carrier shall also provide an
|
additional credit of $20 per day until service is
|
installed.
|
(3) If a carrier fails to keep a scheduled repair or |
installation
appointment when a customer premises visit |
requires a customer to be present,
the carrier shall credit |
the customer $25 per missed appointment.
A credit required |
by this subsection does not apply when the carrier provides
|
the customer notice of its inability to keep the |
appointment no later than 8 p.m. of the day prior to the |
scheduled date of the appointment.
|
(4) If the violation of a basic local exchange service |
|
quality standard is
caused by a carrier other than the |
carrier providing retail
service to the customer, the
|
carrier providing retail service to the customer shall |
credit the customer as
provided
in this Section. The |
carrier causing the violation shall
reimburse the carrier |
providing retail service the amount credited the
customer.
|
When applicable, an interconnection agreement shall govern |
compensation between
the carrier causing the violation, in |
whole or in part, and the retail carrier
providing the |
credit to the customer.
|
(5) (Blank).
|
(6) Credits required by this subsection do not apply if |
the violation of a
service
quality standard:
|
(i) occurs as a result of a negligent or willful |
act on the part of the
customer;
|
(ii) occurs as a result of a malfunction of |
customer-owned telephone
equipment or inside wiring;
|
(iii) occurs as a result of, or is extended by, an |
emergency situation
as defined in
Commission rules;
|
(iv) is extended by the carrier's inability to gain |
access to the
customer's
premises due to the customer |
missing an appointment, provided that the
violation is |
not further extended by the carrier;
|
(v) occurs as a result of a customer request to |
change the scheduled
appointment, provided
that the |
violation is not further extended by the carrier;
|
|
(vi) occurs as a result of a carrier's right to |
refuse service to a
customer as provided in Commission |
rules; or
|
(vii) occurs as a result of a lack of facilities |
where a customer
requests service at a geographically
|
remote location, a customer requests service in a |
geographic area where the
carrier is not currently |
offering service, or there are insufficient facilities
|
to meet the customer's request for service, subject to |
a carrier's obligation
for reasonable facilities |
planning.
|
(7) The provisions of this subsection are cumulative |
and shall not in any
way
diminish or replace other civil or |
administrative remedies available to a
customer
or a class |
of customers.
|
(f) The rules shall require each telecommunications |
carrier to provide to
the Commission, on
a quarterly basis and |
in a form suitable for posting on the Commission's
website, a |
public
report that includes performance data for basic local |
exchange service quality
of service.
The performance data shall |
be disaggregated for each geographic area and each
customer |
class of the
State for
which the telecommunications carrier |
internally monitored performance data as
of a date
120 days |
preceding the effective date of this amendatory Act of the 92nd
|
General Assembly. The report shall
include, at
a minimum, |
performance data on basic local exchange service |
|
installations,
lines out of
service for more than 30 hours, |
carrier response to customer calls, trouble
reports, and
missed |
repair and installation commitments.
|
(g) The Commission shall establish and implement carrier to |
carrier
wholesale service
quality rules and establish remedies |
to ensure enforcement of the rules.
|
(Source: P.A. 96-927, eff. 6-15-10.)
|
(220 ILCS 5/13-802.1 new) |
Sec. 13-802.1. Depreciation; examination and audit; |
agreement conditions; federal Telecommunications Act of 1996. |
(a) In performing any cost analysis authorized pursuant to |
this Act, the Commission may ascertain and determine and by |
order fix the proper and adequate rate of depreciation of the |
property for a telecommunications carrier for the purpose of |
such cost analysis. |
(b) The Commission may provide for the examination and |
audit of all accounts. Items subject to the Commission's |
regulatory requirements shall be so allocated in the manner |
prescribed by the Commission. The officers and employees of the |
Commission shall have the authority under the direction of the |
Commission to inspect and examine any and all books, accounts, |
papers, records, and memoranda kept by the telecommunications |
carrier. |
(c) The Commission is authorized to adopt rules and |
regulations concerning the conditions to be contained in and |
|
become a part of contracts for noncompetitive |
telecommunications services in a manner consistent with this |
Act and federal law. |
(d) The Commission shall have the authority to, and shall |
engage in, all state regulatory actions needed to implement and |
enforce the federal Telecommunications Act of 1996 consistent |
with federal law, including, but not limited to, the |
negotiation, arbitration, implementation, resolution of |
disputes and enforcement of interconnection agreements arising |
under Sections 251 and 252 of the federal Telecommunications |
Act of 1996. |
(220 ILCS 5/13-1200) |
(Section scheduled to be repealed on July 1, 2013) |
Sec. 13-1200. Repealer. This Article is repealed July 1, |
2015 2013 . |
(Source: P.A. 95-9, eff. 6-30-07; 96-24, eff. 6-30-09; 96-927, |
eff. 6-15-10.) |
(220 ILCS 5/21-401) |
(Section scheduled to be repealed on October 1, 2013) |
Sec. 21-401. Applications. |
(a)(1) A person or entity seeking to provide cable service |
or video service pursuant to this Article shall not use the |
public rights-of-way for the installation or construction of |
facilities for the provision of cable service or video service |
|
or offer cable service or video service until it has obtained a |
State-issued authorization to offer or provide cable or video |
service under this Section, except as provided for in item (2) |
of this subsection (a). All cable or video providers offering |
or providing service in this State shall have authorization |
pursuant to either (i) the Cable and Video Competition Law of |
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the |
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section |
5-1095 of the Counties Code (55 ILCS 5/5-1095). |
(2) Nothing in this Section shall prohibit a local unit |
of government from granting a permit to a person or entity |
for the use of the public rights-of-way to install or |
construct facilities to provide cable service or video |
service, at its sole discretion. No unit of local |
government shall be liable for denial or delay of a permit |
prior to the issuance of a State-issued authorization. |
(b) The application to the Commission for State-issued |
authorization shall contain a completed affidavit submitted by |
the applicant and signed by an officer or general partner of |
the applicant affirming all of the following: |
(1) That the applicant has filed or will timely file |
with the Federal Communications Commission all forms |
required by that agency in advance of offering cable |
service or video service in this State. |
(2) That the applicant agrees to comply with all |
applicable federal and State statutes and regulations. |
|
(3) That the applicant agrees to comply with all |
applicable local unit of government regulations. |
(4) An exact description of the cable service or video |
service area where the cable service or video service will |
be offered during the term of the State-issued |
authorization. The service area shall be identified in |
terms of either (i) exchanges, as that term is defined in |
Section 13-206 of this Act; (ii) a collection of United |
States Census Bureau Block numbers (13 digit); (iii) if the |
area is smaller than the areas identified in either (i) or |
(ii), by geographic information system digital boundaries |
meeting or exceeding national map accuracy standards; or |
(iv) local unit of government. The description shall |
include the number of low-income households within the |
service area or footprint. If an applicant is a an |
incumbent cable operator, the incumbent cable operator and |
any successor-in-interest shall be obligated to provide |
access to cable services or video services within any local |
units of government at the same levels required by the |
local franchising authorities for the local unit of |
government on June 30, 2007
(the effective date of Public |
Act 95-9),
and its application shall provide a description |
of an area no smaller than the service areas contained in |
its franchise or franchises
within the jurisdiction of the |
local unit of government in which it seeks to offer cable |
or video service. |
|
(5) The location and telephone number of the |
applicant's principal place of business within this State |
and the names of the applicant's principal executive |
officers who are responsible for communications concerning |
the application and the services to be offered pursuant to |
the application, the applicant's legal name, and any name |
or names under which the applicant does or will provide |
cable services or video services in this State. |
(6) A certification that the applicant has |
concurrently delivered a copy of the application to all |
local units of government that include all or any part of |
the service area identified in item (4) of this subsection |
(b)
within such local unit of government's jurisdictional |
boundaries. |
(7) The expected date that cable service or video |
service will be initially offered in the area identified in |
item (4) of this subsection (b). In the event that a holder |
does not offer cable services or video services within 3
|
months after the expected date, it shall amend its |
application and update the expected date service will be |
offered and explain the delay in offering cable services or |
video services. |
(8) For any entity that received State-issued |
authorization prior to this amendatory Act of the 98th |
General Assembly as a cable operator and that intends to |
proceed as a cable operator under this Article, the entity |
|
shall file a written affidavit with the Commission and |
shall serve a copy of the affidavit with any local units of |
government affected by the authorization within 30 days |
after the effective date of this amendatory Act of the 98th |
General Assembly stating that the holder will be providing |
cable service under the State-issued authorization. |
The application shall include adequate assurance that the |
applicant possesses the financial, managerial, legal, and |
technical qualifications necessary to construct and operate |
the proposed system, to promptly repair any damage to the |
public right-of-way caused by the applicant, and to pay the |
cost of removal of its facilities. To accomplish these |
requirements, the applicant may, at the time the applicant |
seeks to use the public rights-of-way in that jurisdiction, be |
required by the State of Illinois or
later be required by the |
local unit of government, or both, to post a bond, produce a |
certificate of insurance, or otherwise demonstrate its |
financial responsibility. |
The application shall include the applicant's general |
standards related to customer service required by Section |
22-501 of this Act, which shall include, but not be limited to, |
installation, disconnection, service and repair obligations; |
appointment hours; employee ID requirements; customer service |
telephone numbers and hours; procedures for billing, charges, |
deposits, refunds, and credits; procedures for termination of |
service; notice of deletion of programming service and changes |
|
related to transmission of programming or changes or increases |
in rates; use and availability of parental control or lock-out |
devices; complaint procedures and procedures for bill dispute |
resolution and a description of the rights and remedies |
available to consumers if the holder does not materially meet |
their customer service standards; and special services for |
customers with visual, hearing, or mobility disabilities. |
(c)(1) The applicant may designate information that it |
submits in its application or subsequent reports as |
confidential or proprietary, provided that the applicant |
states the reasons the confidential designation is necessary. |
The Commission shall provide adequate protection for such |
information pursuant to Section 4-404 of this Act. If the |
Commission, a local unit of government, or any other party |
seeks public disclosure of information designated as |
confidential, the Commission shall consider the confidential |
designation in a proceeding under the Illinois Administrative |
Procedure
Act, and the burden of proof to demonstrate that the |
designated information is confidential shall be upon the |
applicant. Designated information shall remain confidential |
pending the Commission's determination of whether the |
information is entitled to confidential treatment. Information |
designated as confidential shall be provided to local units of |
government for purposes of assessing compliance with this |
Article as permitted under a Protective Order issued by the |
Commission pursuant to the Commission's rules and to the |
|
Attorney General pursuant to Section 6.5 of the Attorney |
General Act
(15 ILCS 205/6.5). Information designated as |
confidential under this Section or determined to be |
confidential upon Commission review shall only be disclosed |
pursuant to a valid and enforceable subpoena or court order or |
as required by the Freedom of Information Act. Nothing herein |
shall delay the application approval timeframes set forth in |
this Article. |
(2) Information regarding the location of video |
services that have been or are being offered to the public |
and aggregate information included in the reports required |
by this Article shall not be designated or treated as |
confidential. |
(d)(1) The Commission shall post all applications it |
receives under this Article on its web site within 5
business |
days. |
(2) The Commission shall notify an applicant for a |
cable service or video service authorization whether the |
applicant's application and affidavit are complete on or |
before the 15th business day after the applicant submits |
the application. If the application and affidavit are not |
complete, the Commission shall state in its notice all of |
the reasons the application or affidavit are incomplete, |
and the applicant shall resubmit a complete application. |
The Commission shall have 30 days after submission by the |
applicant of a complete application and affidavit to issue |
|
the service authorization. If the Commission does not |
notify the applicant regarding the completeness of the |
application and affidavit or issue the service |
authorization within the time periods required under this |
subsection, the application and affidavit shall be |
considered complete and the service authorization issued |
upon the expiration of the 30th day. |
(e) Any The authorization issued by the Commission will |
expire on December 31, 2015 the date listed in Section 21-1601 |
of this Act and shall contain or include all of the following: |
(1) A grant of authority , including an authorization |
issued prior to this amendatory Act of the 98th General |
Assembly, to provide cable service or video service in the |
service area footprint as requested in the application, |
subject to the provisions of this Article in existence on |
the date the grant of authority was issued, and any |
modifications to this Article enacted at any time prior to |
the date in Section 21-1601 of this Act, and to the laws of |
the State and the ordinances, rules, and regulations of the |
local units of government. |
(2) A grant of authority to use, occupy, and construct |
facilities in the public rights-of-way for the delivery of |
cable service or video service in the service area |
footprint, subject to the laws, ordinances, rules, or |
regulations of this State and local units of governments. |
(3) A statement that the grant of authority is subject |
|
to lawful operation of the cable service or video service |
by the applicant, its affiliated entities, or its |
successors-in-interest. |
(4) The Commission shall notify a local unit of |
government within 3
business days of the grant of any |
authorization within a service area footprint if that |
authorization includes any part of the local unit of |
government's jurisdictional boundaries and state whether |
the holder will be providing video service or cable service |
under the authorization . |
(f) The authorization issued pursuant to this Section
by |
the Commission may be transferred to any successor-in-interest |
to the applicant to which it is initially granted without |
further Commission action if the successor-in-interest (i) |
submits an application and the information required by |
subsection (b) of this Section
for the successor-in-interest |
and (ii) is not in violation of this Article or of any federal, |
State, or local law, ordinance, rule, or regulation. A |
successor-in-interest shall file its application and notice of |
transfer with the Commission and the relevant local units of |
government no less than 15
business days prior to the |
completion of the transfer. The Commission is not required or |
authorized to act upon the notice of transfer; however, the |
transfer is not effective until the Commission approves the |
successor-in-interest's application. A local unit of |
government or the Attorney General may seek to bar a transfer |
|
of ownership by filing suit in a court of competent |
jurisdiction predicated on the existence of a material and |
continuing breach of this Article by the holder, a pattern of |
noncompliance with customer service standards by the potential |
successor-in-interest, or the insolvency of the potential |
successor-in-interest. If a transfer is made when there are |
violations of this Article or of any federal, State, or local |
law, ordinance, rule, or regulation, the successor-in-interest |
shall be subject to 3
times the penalties provided for in this |
Article. |
(g) The authorization issued pursuant to Section 21-401 of |
this Article by the Commission may be terminated, or its cable |
service or video service area footprint may be modified, by the |
cable service provider or video service provider by submitting |
notice to the Commission and to the relevant local unit of |
government containing a description of the change on the same |
terms as the initial description pursuant to item (4) of |
subsection (b) of this Section. The Commission is not required |
or authorized to act upon that notice. It shall be a violation |
of this Article for a holder to discriminate against potential |
residential subscribers because of the race or income of the |
residents in the local area in which the group resides by |
terminating or modifying its cable service or video service |
area footprint. It shall be a violation of this Article for a |
holder to terminate or modify its cable service or video |
service area footprint if it leaves an area with no cable |
|
service or video service from any provider. |
(h) The Commission's authority to administer this Article |
is limited to the powers and duties explicitly provided under |
this Article. Its authority under this Article does not include |
or limit the powers and duties that the Commission has under |
the other Articles of this Act, the Illinois Administrative |
Procedure Act,
or any other law or regulation to conduct |
proceedings, other than as provided in subsection (c), or has |
to promulgate rules or regulations. The Commission shall not |
have the authority to limit or expand the obligations and |
requirements provided in this Section or to regulate or control |
a person or entity to the extent that person or entity is |
providing cable service or video service, except as provided in |
this Article.
|
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(220 ILCS 5/21-801) |
(Section scheduled to be repealed on October 1, 2013) |
Sec. 21-801. Applicable fees payable to the local unit of |
government. |
(a) Prior to offering cable service or video service in a |
local unit of government's jurisdiction, a holder shall notify |
the local unit of government. The notice shall be given to the |
local unit of government at least 10 days before the holder |
begins to offer cable service or video service within the |
boundaries of that local unit of government. |
|
(b) In any local unit of government in which a holder |
offers cable service or video service on a commercial basis, |
the holder shall be liable for and pay the service provider fee |
to the local unit of government. The local unit of government |
shall adopt an ordinance imposing such a fee. The holder's |
liability for the fee shall commence on the first day of the |
calendar month that is at least 30 days after the holder |
receives such ordinance. The ordinance shall be sent by mail, |
postage prepaid, to the address listed on the holder's |
application provided to the local unit of government pursuant |
to item (6) of subsection (b) of Section 21-401 of this Act. |
The fee authorized by this Section shall be 5% of gross |
revenues or the same as the fee paid to the local unit of |
government by any incumbent cable operator providing cable |
service. The payment of the service provider fee shall be due |
on a quarterly basis, 45 days after the close of the calendar |
quarter. If mailed, the fee is considered paid on the date it |
is postmarked. Except as provided in this Article, the local |
unit of government may not demand any additional fees or |
charges from the holder and may not demand the use of any other |
calculation method other than allowed under this Article. |
(c) For purposes of this Article, "gross revenues" means |
all consideration of any kind or nature, including, without |
limitation, cash, credits, property, and in-kind contributions |
received by the holder for the operation of a cable or video |
system to provide cable service or video service within the |
|
holder's cable service or video service area within the local |
unit of government's jurisdiction. |
(1) Gross revenues shall include the following: |
(i) Recurring charges for cable service or video |
service. |
(ii) Event-based charges for cable service or |
video service, including, but not limited to, |
pay-per-view and video-on-demand charges. |
(iii) Rental of set-top
boxes and other cable |
service or video service equipment. |
(iv) Service charges related to the provision of |
cable service or video service, including, but not |
limited to, activation, installation, and repair |
charges. |
(v) Administrative charges related to the |
provision of cable service or video service, including |
but not limited to service order and service |
termination charges. |
(vi) Late payment fees or charges, insufficient |
funds check charges, and other charges assessed to |
recover the costs of collecting delinquent payments. |
(vii) A pro rata portion of all revenue derived by |
the holder or its affiliates pursuant to compensation |
arrangements for advertising or for promotion or |
exhibition of any products or services derived from the |
operation of the holder's network to provide cable |
|
service or video service within the local unit of |
government's jurisdiction. The allocation shall be |
based on the number of subscribers in the local unit of |
government divided by the total number of subscribers |
in relation to the relevant regional or national |
compensation arrangement. |
(viii) Compensation received by the holder that is |
derived from the operation of the holder's network to |
provide cable service or video service with respect to |
commissions that are received by the holder as |
compensation for promotion or exhibition of any |
products or services on the holder's network, such as a |
"home shopping" or similar channel, subject to item |
(ix) of this paragraph (1). |
(ix) In the case of a cable service or video |
service that is bundled or integrated functionally |
with other services, capabilities, or applications, |
the portion of the holder's revenue attributable to the |
other services, capabilities, or applications shall be |
included in gross revenue unless the holder can |
reasonably identify the division or exclusion of the |
revenue from its books and records that are kept in the |
regular course of business. |
(x) The service provider fee permitted by |
subsection (b) of this Section. |
(2) Gross revenues do not include any of the following: |
|
(i) Revenues not actually received, even if |
billed, such as bad debt, subject to item (vi) of |
paragraph (1) of this subsection (c). |
(ii) Refunds, discounts, or other price |
adjustments that reduce the amount of gross revenues |
received by the holder of the State-issued |
authorization to the extent the refund, rebate, |
credit, or discount is attributable to cable service or |
video service. |
(iii) Regardless of whether the services are |
bundled, packaged, or functionally integrated with |
cable service or video service, any revenues received |
from services not classified as cable service or video |
service, including, without limitation, revenue |
received from telecommunications services, information |
services, or the provision of directory or Internet |
advertising, including yellow pages, white pages, |
banner advertisement, and electronic publishing, or |
any other revenues attributed by the holder to noncable |
service or nonvideo service in accordance with the |
holder's books and records and records kept in the |
regular course of business and any applicable laws, |
rules, regulations, standards, or orders. |
(iv) The sale of cable services or video services |
for resale in which the purchaser is required to |
collect the service provider fee from the purchaser's |
|
subscribers to the extent the purchaser certifies in |
writing that it will resell the service within the |
local unit of government's jurisdiction and pay the fee |
permitted by subsection (b) of this Section
with |
respect to the service. |
(v) Any tax or fee of general applicability imposed |
upon the subscribers or the transaction by a city, |
State, federal, or any other governmental entity and |
collected by the holder of the State-issued |
authorization and required to be remitted to the taxing |
entity, including sales and use taxes. |
(vi) Security deposits collected from subscribers. |
(vii) Amounts paid by subscribers to "home |
shopping" or similar vendors for merchandise sold |
through any home shopping channel offered as part of |
the cable service or video service. |
(3) Revenue of an affiliate of a holder shall be |
included in the calculation of gross revenues to the extent |
the treatment of the revenue as revenue of the affiliate |
rather than the holder has the effect of evading the |
payment of the fee permitted by subsection (b) of this |
Section
which would otherwise be paid by the cable service |
or video service. |
(d)(1) Except for a holder providing cable service that is |
subject to the fee in subsection (i) of this Section, the The |
holder shall pay to the local unit of government or the entity |
|
designated by that local unit of government to manage public, |
education, and government access, upon request as support for |
public, education, and government access, a fee equal to no |
less than (i) 1% of gross revenues or (ii) if greater, the |
percentage of gross revenues that incumbent cable operators pay |
to the local unit of government or its designee for public, |
education, and government access support in the local unit of |
government's jurisdiction. For purposes of item (ii) of |
paragraph (1) of this subsection (d), the percentage of gross |
revenues that all incumbent cable operators pay shall be equal |
to the annual sum of the payments that incumbent cable |
operators in the service area are obligated to pay by |
franchises and agreements or by contracts with the local |
government designee for public, education and government |
access in effect on January 1, 2007, including the total of any |
lump sum payments required to be made over the term of each |
franchise or agreement divided by the number of years of the |
applicable term, divided by the annual sum of such incumbent |
cable operator's or operators'
gross revenues during the |
immediately prior calendar year. The sum of payments includes |
any payments that an incumbent cable operator is required to |
pay pursuant to item (3) of subsection (c) of Section 21-301. |
(2) A local unit of government may require all holders |
of a State-issued authorization and all cable operators |
franchised by that local unit of government on June 30, |
2007 (the effective date of this Section)
in the franchise |
|
area to provide to the local unit of government, or to the |
entity designated by that local unit of government to |
manage public, education, and government access, |
information sufficient to calculate the public, education, |
and government access equivalent fee and any credits under |
paragraph (1) of this subsection (d). |
(3) The fee shall be due on a quarterly basis and paid |
45 days after the close of the calendar quarter. Each |
payment shall include a statement explaining the basis for |
the calculation of the fee. If mailed, the fee is |
considered paid on the date it is postmarked. The liability |
of the holder for payment of the fee under this subsection |
shall commence on the same date as the payment of the |
service provider fee pursuant to subsection (b) of this |
Section. |
(e) The holder may identify and collect the amount of the |
service provider fee as a separate line item on the regular |
bill of each subscriber. |
(f) The holder may identify and collect the amount of the |
public, education, and government programming support fee as a |
separate line item on the regular bill of each subscriber. |
(g) All determinations and computations under this Section |
shall be made pursuant to the definition of gross revenues set |
forth in this Section and shall be made pursuant to generally |
accepted accounting principles. |
(h) Nothing contained in this Article shall be construed to |
|
exempt a holder from any tax that is or may later be imposed by |
the local unit of government, including any tax that is or may |
later be required to be paid by or through the holder with |
respect to cable service or video service. A State-issued |
authorization shall not affect any requirement of the holder |
with respect to payment of the local unit of government's |
simplified municipal telecommunications tax or any other tax as |
it applies to any telephone service provided by the holder. A |
State-issued authorization shall not affect any requirement of |
the holder with respect to payment of the local unit of |
government's 911 or E911 fees, taxes, or charges.
|
(i) Except for a municipality having a population of |
2,000,000 or more, the fee imposed under paragraph (1) of |
subsection (d) by a local unit of government against a holder |
who is a cable operator shall be as follows: |
(1) the fee shall be collected and paid only for |
capital costs that are considered lawful under Subchapter |
VI of the federal Communications Act of 1934, as amended, |
and as implemented by the Federal Communications |
Commission; |
(2) the local unit of government shall impose any fee |
by ordinance; and |
(3) the fee may not exceed 1% of gross revenue; if, |
however, on the date that an incumbent cable operator files |
an application under Section 21-401, the incumbent cable |
operator is operating under a franchise agreement that |
|
imposes a fee for support for capital costs for public, |
education, and government access facilities obligations in |
excess of 1% of gross revenue, then the cable operator |
shall continue to provide support for capital costs for |
public, education, and government access facilities |
obligations at the rate stated in such agreement. |
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(220 ILCS 5/21-1101) |
(Section scheduled to be repealed on October 1, 2013) |
Sec. 21-1101. Requirements to provide video services. |
(a) The holder of a State-issued authorization shall not |
deny access to cable service or video service to any potential |
residential subscribers because of the race or income of the |
residents in the local area in which the potential subscribers |
reside. |
(b) (Blank). (1) If the holder is using telecommunications |
facilities to provide cable or video service and has 1,000,000 |
or less telecommunications access lines in this State, but more |
than 300,000 telecommunications access lines in this State, the |
holder shall provide access to its cable or video service to a |
number of households equal to at least 25% of its |
telecommunications access lines in this State within 3 years |
after the date a holder receives a State-issued authorization |
from the Commission and to a number not less than 35% of these |
households within 5 years after the date a holder receives a |
|
State-issued authorization from the Commission; provided that |
the holder of a State-issued authorization is not required to |
meet the 35% requirement in this paragraph (1)
until 2 years |
after at least 15% of the households with access to the |
holder's video service subscribe to the service for 6 |
consecutive months. The holder's obligation to provide such |
access in the State shall be distributed, as the holder |
determines, within 3
different designated market areas. |
(2) Within 3 years after the date a holder receives a |
State-issued authorization from the Commission, at least |
30% of the total households with access to the holder's |
cable or video service shall be low-income. |
Within each designated market area identified in |
paragraph (1) of this subsection (b), the holder's |
obligation to offer service to low-income households shall |
be measured by each exchange, as that term is defined in |
Section 13-206 of this
Act, in which the holder chooses to |
provide cable or video service. The holder is under no |
obligation to serve or provide access to an entire |
exchange; however, in addition to the statewide obligation |
to provide low-income access provided by this Section, in |
each exchange in which the holder chooses to provide cable |
or video service, the holder shall provide access to a |
percentage of low-income households that is at least equal |
to the percentage of the total low-income households within |
that exchange. |
|
(3) The number of telecommunication access lines in |
this Section shall be based on the number of access lines |
that exist as of June 30, 2007 (the effective date of |
Public Act 95-9). |
(c)(1) If the holder of a State-issued authorization is |
using telecommunications facilities to provide cable or video |
service and has more than 1,000,000 telecommunications access |
lines in this State, the holder shall provide access to its |
cable or video service to a number of households equal to at |
least 35% of the households in the holder's telecommunications |
service area in the State within 3 years after the date a |
holder receives a State-issued authorization from the |
Commission and to a number not less than 50% of these |
households within 5 years after the date a holder receives a |
State-issued authorization from the Commission; provided that |
the holder of a State-issued authorization is not required to |
meet the 50% requirement in this paragraph (1)
until 2 years |
after at least 15% of the households with access to the |
holder's video service subscribe to the service for 6 |
consecutive months. |
The holder's obligation to provide such access in the State |
shall be distributed, as the holder determines, within 3
|
designated market areas, one in each of the northeastern, |
central, and southwestern portions of the holder's |
telecommunications service area in the State. The designated |
market area for the northeastern portion shall consist of 2
|
|
separate and distinct reporting areas: (i) a city with more |
than 1,000,000 inhabitants, and (ii) all other local units of |
government on a combined basis within such designated market |
area in which it offers video service. |
If any state, in which a holder subject to this subsection |
(c) or one of its affiliates provides or seeks to provide cable |
or video service, adopts a law permitting state-issued |
authorization or statewide franchises to provide cable or video |
service that requires a cable or video provider to offer |
service to more than 35% of the households in the cable or |
video provider's service area in that state within 3 years, |
holders subject to this subsection (c) shall provide service in |
this State to the same percentage of households within 3 years |
of adoption of such law in that state. |
Furthermore, if any state, in which a holder subject to |
this subsection (c) or one of its affiliates provides or seeks |
to provide cable or video service, adopts a law requiring a |
holder of a state-issued authorization or statewide franchises |
to offer cable or video service to more than 35% of its |
households if less than 15% of the households with access to |
the holder's video service subscribe to the service for 6 |
consecutive months, then as a precondition to further |
build-out, holders subject to this subsection (c) shall be |
subject to the same percentage of service subscription in |
meeting its obligation to provide service to 50% of the |
households in this State.
|
|
(2) Within 3 years after the date a holder receives a |
State-issued authorization from the Commission, at least |
30% of the total households with access to the holder's |
cable or video service shall be low-income. |
Within each designated market area listed in paragraph |
(1) of this subsection (c), the holder's obligation to |
offer service to low-income households shall be measured by |
each exchange, as that term is defined in Section 13-206 of |
this
Act in which the holder chooses to provide cable or |
video service. The holder is under no obligation to serve |
or provide access to an entire exchange; however, in |
addition to the statewide obligation to provide low-income |
access provided by this Section, in each exchange in which |
the holder chooses to provide cable or video service, the |
holder shall provide access to a percentage of low-income |
households that is at least equal to the percentage of the |
total low-income households within that exchange. |
(d)(1) All other holders shall only provide access to one |
or more exchanges, as that term is defined in Section 13-206 of |
this
Act, or to local units of government and shall provide |
access to their cable or video service to a number of |
households equal to 35% of the households in the exchange or |
local unit of government within 3 years after the date a holder |
receives a State-issued authorization from the Commission and |
to a number not less than 50% of these households within 5 |
years after the date a holder receives a State-issued |
|
authorization from the Commission, provided that if the holder |
is an incumbent cable operator or any successor-in-interest |
company, it shall be obligated to provide access to cable or |
video services within the jurisdiction of a local unit of |
government at the same levels required by the local franchising |
authorities for that local unit of government on June 30, 2007 |
(the effective date of Public Act 95-9). |
(2) Within 3 years after the date a holder receives a |
State-issued authorization from the Commission, at least |
30% of the total households with access to the holder's |
cable or video service shall be low-income. |
Within each designated exchange, as that term is |
defined in Section 13-206 of this
Act, or local unit of |
government listed in paragraph (1) of this subsection (d), |
the holder's obligation to offer service to low-income |
households shall be measured by each exchange or local unit |
of government in which the holder chooses to provide cable |
or video service. Except as provided in paragraph (1) of |
this subsection (d), the holder is under no obligation to |
serve or provide access to an entire exchange or local unit |
of government; however, in addition to the statewide |
obligation to provide low-income access provided by this |
Section, in each exchange or local unit of government in |
which the holder chooses to provide cable or video service, |
the holder shall provide access to a percentage of |
low-income households that is at least equal to the |
|
percentage of the total low-income households within that |
exchange or local unit of government. |
(e) A holder subject to subsection (c) of this Section |
shall provide wireline broadband service, defined as wireline |
service, capable of supporting, in at least one direction, a |
speed in excess of 200 kilobits per second (kbps), to the |
network demarcation point at the subscriber's premises, to a |
number of households equal to 90% of the households in the |
holder's telecommunications service area by December 31, 2008, |
or shall pay within 30 days of December 31, 2008 a sum of |
$15,000,000 to the Digital Divide Elimination Infrastructure |
Fund established pursuant to Section 13-301.3 of this Act, or |
any successor fund established by the General Assembly. In that |
event the holder is required to make a payment pursuant to this |
subsection (e), the holder shall have no further accounting for |
this payment, which shall be used in any part of the State for |
the purposes established in the Digital Divide Elimination |
Infrastructure Fund or for broadband deployment. |
(f) The holder of a State-issued authorization may satisfy |
the requirements of subsections (b), (c) , and (d) of this |
Section through the use of any technology, which shall not |
include direct-to-home satellite service, that offers service, |
functionality, and content that is demonstrably similar to that |
provided through the holder's video service system. |
(g) In any investigation into or complaint alleging that |
the holder of a State-issued authorization has failed to meet |
|
the requirements of this Section, the following factors may be |
considered in justification or mitigation or as justification |
for an extension of time to meet the requirements of |
subsections (b), (c) , and (d) of this Section: |
(1) The inability to obtain access to public and |
private rights-of-way under reasonable terms and |
conditions. |
(2) Barriers to competition arising from existing |
exclusive service arrangements in developments or |
buildings. |
(3) The inability to access developments or buildings |
using reasonable technical solutions under commercially |
reasonable terms and conditions. |
(4) Natural disasters. |
(5) Other factors beyond the control of the holder. |
(h) If the holder relies on the factors identified in |
subsection (g) of this Section in response to an investigation |
or complaint, the holder shall demonstrate the following: |
(1) what substantial effort the holder of a |
State-issued authorization has taken to meet the |
requirements of subsection
(a) , (b), or (c) of this |
Section; |
(2) which portions of subsection (g) of this Section |
apply; and |
(3) the number of days it has been delayed or the |
requirements it cannot perform as a consequence of |
|
subsection (g) of this Section. |
(i) The factors in subsection (g) of this Section may be |
considered by the Attorney General or by a court of competent |
jurisdiction in determining whether the holder is in violation |
of this Article. |
(j) Every holder of a State-issued authorization, no later |
than April 1, 2009, and annually no later than April 1 |
thereafter, shall report to the Commission for each of the |
service areas as described in subsections (b), (c) , and (d) of |
this Section in which it provides access to its video service |
in the State, the following information: |
(1) Cable service and video service information: |
(A) The number of households in the holder's |
telecommunications service area within each designated |
market area as described in subsection subsections (b) |
and (c) of this Section or exchange or local unit of |
government as described in subsection (d) of this |
Section in which it offers video service. |
(B) The number of households in the holder's |
telecommunications service area within each designated |
market area as described in subsection subsections (b) |
and (c) of this Section or exchange or local unit of |
government as described in subsection (d) of this |
Section that are offered access to video service by the |
holder. |
(C) The number of households in the holder's |
|
telecommunications service area in the State. |
(D) The number of households in the holder's |
telecommunications service area in the State that are |
offered access to video service by the holder. |
(2) Low-income household information: |
(A) The number of low-income households in the |
holder's telecommunications service area within each |
designated market area as described in subsection |
subsections (b) and (c) of this Section, as further |
identified in terms of exchanges, or exchange or local |
unit of government as described in subsection (d) of |
this Section in which it offers video service. |
(B) The number of low-income households in the |
holder's telecommunications service area within each |
designated market area as described in subsection |
subsections (b) and (c) of this Section, as further |
identified in terms of exchanges, or exchange or local |
unit of government as described in subsection (d) of |
this Section in the State that are offered access to |
video service by the holder. |
(C) The number of low-income households in the |
holder's telecommunications service area in the State. |
(D) The number of low-income households in the |
holder's telecommunications service area in the State |
that are offered access to video service by the holder. |
(j-5) The requirements of subsection (c) of this Section |
|
shall be satisfied upon the filing of an annual report with the |
Commission in compliance with subsection (j) of this Section, |
including an annual report filed prior to this amendatory Act |
of the 98th General Assembly, that demonstrates the holder of |
the authorization has satisfied the requirements of subsection |
(c) of this Section for each of the service areas in which it |
provides access to its cable service or video service in the |
State. Notwithstanding the continued application of this |
Article to the holder, upon satisfaction of the requirements of |
subsection (c) of this Section, only the requirements of |
subsection (a) of this Section 21-1101 of this Act and the |
following reporting requirements shall continue to apply to |
such holder: |
(1) Cable service and video service information: |
(A) The number of households in the holder's |
telecommunications service area within each designated |
market area in which it offers cable service or video |
service. |
(B) The number of households in the holder's |
telecommunications service area within each designated |
market area that are offered access to cable service or |
video service by the holder. |
(C) The number of households in the holder's |
telecommunications service area in the State. |
(D) The number of households in the holder's |
telecommunications service area in the State that are |
|
offered access to cable service or video service by the |
holder. |
(E) The exchanges or local units of government in |
which the holder added cable service or video service |
in the prior year. |
(2) Low-income household information: |
(A) The number of low-income households in the |
holder's telecommunications service area within each |
designated market area in which it offers video |
service. |
(B) The number of low-income households in the |
holder's telecommunications service area within each |
designated market area that are offered access to video |
service by the holder. |
(C) The number of low-income households in the |
holder's telecommunications service area in the State. |
(D) The number of low-income households in the |
holder's telecommunications service area in the State |
that are offered access to video service by the holder. |
(j-10) The requirements of subsection (d) of this Section |
shall be satisfied upon the filing of an annual report with the |
Commission in compliance with subsection (j) of this Section, |
including an annual report filed prior to this amendatory Act |
of the 98th General Assembly, that demonstrates the holder of |
the authorization has satisfied the requirements of subsection |
(d) of this Section for each of the service areas in which it |
|
provides access to its cable service or video service in the |
State. Notwithstanding the continued application of this |
Article to the holder, upon satisfaction of the requirements of |
subsection (d) of this Section, only the requirements of |
subsection (a) of this Section and the following reporting |
requirements shall continue to apply to such holder: |
(1) Cable service and video service information: |
(A) The number of households in the holder's |
footprint in which it offers cable service or video |
service. |
(B) The number of households in the holder's |
footprint that are offered access to cable service or |
video service by the holder. |
(C) The exchanges or local units of government in |
which the holder added cable service or video service |
in the prior year. |
(2) Low-income household information: |
(A) The number of low-income households in the |
holder's footprint in which it offers cable service or |
video service. |
(B) The number of low-income households in the |
holder's footprint that are offered access to cable |
service or video service by the holder. |
(k) The Commission, within 30 days of receiving the first |
report from holders under this Section, and annually no later |
than July 1 thereafter, shall submit to the General Assembly a |
|
report that includes, based on year-end data, the information |
submitted by holders pursuant to subdivisions (1) and (2) of |
subsections subsection (j) , (j-5), and (j-10)
of this Section. |
The Commission shall make this report available to any member |
of the public or any local unit of government upon request. All |
information submitted to the Commission and designated by |
holders as confidential and proprietary shall be subject to the |
disclosure provisions in subsection (c) of Section 21-401 of |
this Act. No individually identifiable customer information |
shall be subject to public disclosure.
|
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(220 ILCS 5/21-1201) |
(Section scheduled to be repealed on October 1, 2013) |
Sec. 21-1201. Multiple-unit dwellings; interference with |
holder prohibited. |
(a) Neither the owner of any multiple-unit residential |
dwelling nor an agent or representative nor an assignee, |
grantee, licensee, or similar holders of rights, including |
easements, in any multiple-unit residential dwelling (the |
"owner, agent or representative") shall unreasonably interfere |
with the right of any tenant or lawful resident thereof to |
receive cable service or video service installation or |
maintenance from a holder of a State-issued authorization , or |
related service that includes, but is not limited to, voice |
service, Internet access or other broadband services (alone or |
|
in combination) provided over the holder's cable services or |
video services facilities ; provided, however, the owner, |
agent, or representative may require just and reasonable |
compensation from the holder for its access to and use of such |
property to provide installation, operation, maintenance, or |
removal of such cable service or video service or related |
services. For purposes of this Section, "access to and use of |
such property" shall be provided in a nondiscriminatory manner |
to all cable and video providers offering or providing services |
at such property and includes common areas of such |
multiple-unit dwelling, inside wire in the individual unit of |
any tenant or lawful resident thereof that orders or receives |
such service and the right to use and connect to building |
infrastructure, including but not limited to existing cables, |
wiring, conduit or inner duct, to provide cable service or |
video service or related services. If there is a dispute |
regarding the just compensation for such access and use, the |
owner, agent, or representative shall obtain the payment of |
just compensation from the holder pursuant to the process and |
procedures applicable to an owner and franchisee in subsections |
(c), (d), and (e) of Section 11-42-11.1 of the Illinois |
Municipal Code (65 ILCS 5/11-42-11.1) . |
(b) Neither the owner of any multiple-unit residential |
dwelling nor an agent or representative shall ask, demand, or |
receive any additional payment, service, or gratuity in any |
form from any tenant or lawful resident thereof as a condition |
|
for permitting or cooperating with the installation of a cable |
service or video service or related services to the dwelling |
unit occupied by a tenant or resident requesting such service. |
(c) Neither the owner of any multiple-unit residential |
dwelling nor an agent or representative shall penalize, charge, |
or surcharge a tenant or resident, forfeit or threaten to |
forfeit any right of such tenant or resident, or discriminate |
in any way against such tenant or resident who requests or |
receives cable service or video service or related services |
from a holder. |
(d) Nothing in this Section shall prohibit the owner of any |
multiple-unit residential dwelling nor an agent or |
representative from requiring that a holder's facilities |
conform to reasonable conditions necessary to protect safety, |
functioning, appearance, and value of premises or the |
convenience and safety of persons or property. |
(e) The owner of any multiple-unit residential dwelling or |
an agent or representative may require a holder to agree to |
indemnify the owner, or his agents or representatives, for |
damages or from liability for damages caused by the |
installation, operation, maintenance, or removal of cable |
service or video service facilities.
|
(f) For purposes of this Section, "multiple-unit dwelling" |
or "such property" means a multiple dwelling unit building |
(such as an apartment building, condominium building, or |
cooperative) and any other centrally managed residential real |
|
estate development (such as a gated community, mobile home |
park, or garden apartment); provided however, that |
multiple-unit dwelling shall not include time share units, |
academic campuses and dormitories, military bases, hotels, |
rooming houses, prisons, jails, halfway houses, nursing homes |
or other assisted living facilities, and hospitals. |
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.) |
(220 ILCS 5/21-1502 new) |
Sec. 21-1502. Renewal upon repeal of Article. This Section |
shall apply only to holders who received their State-issued |
authorization as a cable operator. In the event this Article 21 |
is repealed, the cable operator may seek a renewal under 47 |
U.S.C. 546 subject to the following: |
(1) Each municipality or county in which a cable |
operator provided service under the State-issued |
authorization shall be the franchising authority with |
respect to any right of renewal under 47 U.S.C. 546 and the |
provisions of this Section shall apply during the renewal |
process. |
(2) If the cable operator was an incumbent cable |
operator in the local unit of government immediately prior |
to obtaining a State-issued authorization, then the terms |
of the local franchise agreement under which the incumbent |
cable operator operated shall be effective until the later |
of: (A) the expiration of what would have been the |
|
remaining term of the agreement at the time of the |
termination of the local franchise agreement pursuant to |
subsection (c) of Section 21-301 of this Act or (B) the |
expiration of the renewal process under 47 U.S.C. 546. |
(3) If the cable operator was not an incumbent cable |
operator in the service territory immediately prior to the |
issuance of the State-issued authorization, then the |
State-issued authorization shall continue in effect until |
the expiration of the renewal process under 47 U.S.C. 546. |
(4) In seeking a renewal under this Section, the cable |
operator must provide the following information to the |
local franchising authority: |
(A) the number of subscribers within the franchise |
area; |
(B) the number of eligible local government |
buildings that have access to cable services; |
(C) the statistical records of performance under |
the standards established by the Cable and Video |
Customer Protection Law; |
(D) cable system improvement and construction |
plans during the term of the proposed franchise; and |
(E) the proposed level of support for public, |
educational, and governmental access programming. |
(220 ILCS 5/21-1601) |
(Section scheduled to be repealed on October 1, 2013)
|
|
Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of |
this This Article are is repealed July 1, 2015 October 1, 2013 .
|
(Source: P.A. 95-9, eff. 6-30-07.) |
(220 ILCS 5/22-501) |
Sec. 22-501. Customer service and privacy protection. All |
cable or video providers in this State shall comply with the |
following customer service requirements and privacy |
protections. The provisions of this Act shall not apply to an |
incumbent cable operator prior to January 1, 2008. For purposes |
of this paragraph, an incumbent cable operator means a person |
or entity that provided cable services in a particular area |
under a franchise agreement with a local unit of government |
pursuant to Section 11-42-11 of the Illinois
Municipal Code or |
Section 5-1095 of the Counties Code on January 1, 2007.
A |
master antenna television, satellite master antenna |
television, direct broadcast satellite, multipoint |
distribution service, and other provider of video programming |
shall only be subject to the provisions of this Article to the |
extent permitted by federal law. |
The following definitions apply to the terms used in this |
Article: |
"Basic cable or video service" means any service offering |
or tier that
includes the retransmission of local television |
broadcast signals. |
"Cable or video provider" means any person or entity |
|
providing cable service or video service pursuant to |
authorization under (i) the Cable and Video Competition Law of |
2007; (ii) Section 11-42-11 of the Illinois Municipal Code; |
(iii) Section 5-1095 of the Counties Code; or (iv) a master |
antenna television, satellite master antenna television, |
direct broadcast satellite, multipoint distribution services, |
and other providers of video programming, whatever their |
technology. A cable or video provider shall not include a |
landlord providing only broadcast video programming to a |
single-family home or other residential dwelling consisting of |
4
units or less. |
"Franchise" has the same meaning as found in 47 U.S.C. |
522(9). |
"Local unit of government" means a city, village, |
incorporated town, or a county. |
"Normal business hours" means those hours during which most |
similar businesses in the geographic area of the local unit of |
government are open to serve customers. In all cases, "normal |
business hours" must include some evening hours at least one |
night per week or some weekend hours. |
"Normal operating conditions" means those service |
conditions that are within the control of cable or video |
providers. Those conditions that are not within the control of |
cable or video providers include, but are not limited to, |
natural disasters, civil disturbances, power outages, |
telephone network outages, and severe or unusual weather |
|
conditions. Those conditions that are ordinarily within the |
control of cable or video providers include, but are not |
limited to, special promotions, pay-per-view events, rate |
increases, regular peak or seasonal demand periods, and |
maintenance or upgrade of the cable service or video service |
network. |
"Service interruption" means the loss of picture or sound |
on one or more cable service or video service on one or more |
cable or video channels. |
"Service line drop" means the point of connection between a |
premises and the cable or video network that enables the |
premises to receive cable service or video service. |
(a) General customer service standards: |
(1) Cable or video providers shall establish general |
standards related to customer service, which shall |
include, but not be limited to, installation, |
disconnection, service and repair obligations; appointment |
hours and employee ID requirements; customer service |
telephone numbers and hours; procedures for billing, |
charges, deposits, refunds, and credits; procedures for |
termination of service; notice of deletion of programming |
service; changes related to transmission of programming; |
changes or increases in rates; the use and availability of |
parental control or lock-out devices; the use and |
availability of an A/B switch if applicable; complaint |
procedures and procedures for bill dispute resolution; a |
|
description of the rights and remedies available to |
consumers if the cable or video provider does not |
materially meet its
customer service standards; and |
special services for customers with visual, hearing, or |
mobility disabilities. |
(2) Cable or video providers' rates for each level of |
service, rules, regulations, and policies related to its |
cable service or video service described in paragraph (1) |
of this subsection (a)
must be made available to the public |
and displayed clearly and conspicuously on the cable or |
video provider's site on the Internet. If a promotional |
price or a price for a specified period of time is offered, |
the cable or video provider shall display the price at the |
end of the promotional period or specified period of time |
clearly and conspicuously with the display of the |
promotional price or price for a specified period of time. |
The cable or video provider shall provide this information |
upon request. |
(3) Cable or video providers shall provide notice |
concerning their general customer service standards to all |
customers. This notice shall be offered when service is |
first activated and upon request thereafter and annually |
thereafter . The information in the notice shall also be |
available on the cable or video providers' websites and |
shall include all of the information specified in paragraph |
(1) of this subsection (a), as well as the following: a |
|
listing of services offered by the cable or video |
providers, which shall clearly describe programming for |
all services and all levels of service; the rates for all |
services and levels of service; a telephone number
through |
which customers may subscribe to, change, or terminate |
service, request customer service, or seek general or |
billing information; instructions on the use of the cable |
or video services; and a description of rights and remedies |
that the cable or video providers shall make available to |
their customers if they do not materially meet the general |
customer service standards described in this Act. |
(b) General customer service obligations: |
(1) Cable or video providers shall render reasonably |
efficient service, promptly make repairs, and interrupt |
service only as necessary and for good cause, during |
periods of minimum use of the system and for no more than |
24 hours. |
(2) All service representatives or any other person who |
contacts customers or potential customers on behalf of the |
cable or video provider shall have a visible identification |
card with their name and photograph and shall orally |
identify themselves upon first contact with the customer. |
Customer service representatives shall orally identify |
themselves to callers immediately following the greeting |
during each telephone contact with the public. |
(3) The cable or video providers shall: (i) maintain a |
|
customer service facility within the boundaries of a local |
unit of government staffed by customer service |
representatives that have the capacity to accept payment, |
adjust bills, and respond to repair, installation, |
reconnection, disconnection, or other service calls and |
distribute or receive converter boxes, remote control |
units, digital stereo units, or other equipment related to |
the provision of cable or video service; (ii) provide |
customers with bill payment facilities through retail, |
financial, or other commercial institutions located within |
the boundaries of a local unit of government; (iii) provide |
an address, toll-free telephone number or electronic |
address to accept bill payments and correspondence and |
provide secure collection boxes for the receipt of bill |
payments and the return of equipment, provided that if a |
cable or video provider provides secure collection boxes, |
it shall provide a printed receipt when items are |
deposited; or (iv) provide an address, toll-free telephone |
number, or electronic address to accept bill payments and |
correspondence and provide a method for customers to return |
equipment to the cable or video provider at no cost to the |
customer. |
(4) In each contact with a customer, the service |
representatives or any other person who contacts customers |
or potential customers on behalf of the cable or video |
provider shall state the estimated cost of the service, |
|
repair, or installation orally prior to delivery of the |
service or before any work is performed, shall provide the |
customer with an oral statement of the total charges before |
terminating the telephone call or other contact in which a |
service is ordered, whether in-person or over the Internet, |
and shall provide a written statement of the total charges |
before leaving the location at which the work was |
performed. In the event that the cost of service is a |
promotional price or is for a limited period of time, the |
cost of service at the end of the promotion or limited |
period of time shall be disclosed. |
(5) Cable or video providers shall provide customers a |
minimum of 30 days' written notice before increasing rates |
or eliminating transmission of programming and shall |
submit the notice of any rate increase to the local unit of |
government in advance of distribution to customers, |
provided that the cable or video provider is not in |
violation of this provision if the elimination of |
transmission of programming was outside the control of the |
provider, in which case the provider shall use reasonable |
efforts to provide as much notice as possible, and any rate |
decrease related to the elimination of transmission of |
programming shall be applied to the date of the change. |
(6) Cable or video providers shall provide clear visual |
and audio reception that meets or exceeds applicable |
Federal Communications Commission technical standards. If |
|
a customer experiences poor video or audio reception due to |
the equipment of the cable or video provider, the cable or |
video provider shall promptly repair the problem at its own |
expense. |
(c) Bills, payment, and termination: |
(1) Cable or video providers shall render monthly bills |
that are clear, accurate, and understandable. |
(2) Every residential customer who pays bills directly |
to the cable or video provider shall have at least 28 days |
from the date of the bill to pay the listed charges. |
(3) Customer payments shall be posted promptly. When |
the payment is sent by United States mail, payment is |
considered paid on the date it is postmarked. |
(4) Cable or video providers may not terminate |
residential service for nonpayment of a bill unless the |
cable or video provider furnishes notice of the delinquency |
and impending termination at least 15 21 days prior to the |
proposed termination. Notice of proposed termination shall |
be mailed, postage prepaid, to the customer to whom service |
is billed. Notice of proposed termination shall not be |
mailed until the 24th 29th day after the date of the bill |
for services. Notice of delinquency and impending |
termination may be part of a billing statement only if the |
notice is presented in a different color than the bill and |
is designed to be conspicuous. The cable or video providers |
may not assess a late fee prior to the 24th 29th day after |
|
the date of the bill for service. |
(5) Every notice of impending termination shall |
include all of the following: the name and address of |
customer; the amount of the delinquency; the date on which |
payment is required to avoid termination; and the telephone |
number of the cable or video provider's service |
representative to make payment arrangements and to provide |
additional information about the charges for failure to |
return equipment and for reconnection, if any. No customer |
may be charged a fee for termination or disconnection of |
service, irrespective of whether the customer initiated |
termination or disconnection or the cable or video provider |
initiated termination or disconnection. |
(6) Service may only be terminated on days when the |
customer is able to reach a service representative of the |
cable or video providers, either in person or by telephone. |
(7) Any service terminated by a cable or video provider |
without good cause shall be restored without any |
reconnection fee, charge, or penalty; good cause for |
termination includes, but is not limited to, failure to pay |
a bill by the date specified in the notice of impending |
termination, payment by check for which there are |
insufficient funds, theft of service, abuse of equipment or |
personnel, or other similar subscriber actions. |
(8) Cable or video providers shall cease charging a |
customer for any or all services within one
business day |
|
after it receives a request to immediately terminate |
service or on the day requested by the customer if such a |
date is at least 5 days from the date requested by the |
customer. Nothing in this subsection (c) shall prohibit the |
provider from billing for charges that the customer incurs |
prior to the date of termination. Cable or video providers |
shall issue a credit no later than the customer's next |
billing cycle following the determination that a credit is |
warranted. Cable or video providers shall issue or a refund |
or return a deposit promptly, but not later than either the |
customer's next billing cycle following resolution of the |
request or 30 days, whichever is earlier, within 10 |
business days after the close of the customer's billing |
cycle following the request for termination or the return |
of equipment, if any, whichever is later. |
(9) The customers or subscribers of a cable or video |
provider shall be allowed to disconnect their service at |
any time within the first 30 60 days after subscribing to |
or upgrading the service. Within this 30-day 60-day period, |
cable or video providers shall not charge or impose any |
fees or penalties on the customer for disconnecting |
service, including, but not limited to, any installation |
charge or the imposition of an early termination charge, |
except the cable or video provider may impose a charge or |
fee to offset any rebates or credits received by the |
customer and may impose monthly service or maintenance |
|
charges, including pay-per-view and premium services |
charges, during such 30-day 60-day period. |
(10) Cable and video providers shall guarantee |
customer satisfaction for new or upgraded service and the |
customer shall receive a pro-rata credit in an amount equal |
to the pro-rata charge for the remaining days of service |
being disconnected or replaced upon the customers request |
if the customer is dissatisfied with the service and |
requests to discontinue the service within the first 60 |
days after subscribing to the upgraded service. |
(d) Response to customer inquiries: |
(1) Cable or video providers will maintain a toll-free |
telephone access line that is
available to customers 24 |
hours a day, 7
days a week to accept calls regarding |
installation, termination, service, and complaints. |
Trained, knowledgeable, qualified service representatives |
of the cable or video providers will be available to |
respond to customer telephone inquiries during normal |
business hours. Customer service representatives shall be |
able to provide credit, waive fees, schedule appointments, |
and change billing cycles. Any difficulties that cannot be |
resolved by the customer service representatives shall be |
referred to a supervisor who shall make his or her best |
efforts to resolve the issue immediately. If the supervisor |
does not resolve the issue to the customer's satisfaction, |
the customer shall be informed of the cable or video |
|
provider's complaint procedures and procedures for billing |
dispute resolution and given a description of the rights |
and remedies available to customers to enforce the terms of |
this Article, including the customer's rights to have the |
complaint reviewed by the local unit of government, to |
request mediation, and to review in a court of competent |
jurisdiction. |
(2) After normal business hours, the access line may be |
answered by a service or an automated response system, |
including an answering machine. Inquiries received by |
telephone or e-mail after normal business hours shall be |
responded to by a trained service representative on the |
next business day. The cable or video provider shall |
respond to a written billing inquiry within 10 days of |
receipt of the inquiry. |
(3) Cable or video providers shall provide customers |
seeking non-standard installations with a total |
installation cost estimate and an estimated date of |
completion. The actual charge to the customer shall not |
exceed 10% of the estimated cost without the written |
consent of the customer. |
(4) If the cable or video provider receives notice that |
an unsafe condition exists with respect to its equipment, |
it shall investigate such condition immediately and shall |
take such measures as are necessary to remove or eliminate |
the unsafe condition. The cable or video provider shall |
|
inform the local unit of government promptly, but no later |
than 2 hours after it receives notification of an unsafe |
condition that it has not remedied. |
(5) Under normal operating conditions, telephone |
answer time by the cable or video provider's customer |
representative, including wait time, shall not exceed 30 |
seconds when the connection is made. If the call needs to |
be transferred, transfer time shall not exceed 30 seconds. |
These standards shall be met no less than 90% of the time |
under normal operating conditions, measured on a quarterly |
basis. The cable or video provider shall not be required to |
acquire equipment or perform surveys to measure compliance |
with these telephone answering standards unless an |
historical record of complaints indicates a clear failure |
to comply. |
(6) Under normal operating conditions, the cable or |
video provider's customers will receive a busy signal less |
than 3% of the time. |
(e) Under normal operating conditions, each of the |
following standards related to installations, outages, and |
service calls will be met no less than 95% of the time measured |
on a quarterly basis: |
(1) Standard installations will be performed within 7 |
business days after an order has been placed. "Standard" |
installations are those that are located up to 125 feet |
from the existing distribution system. |
|
(2) Excluding conditions beyond the control of the |
cable or video providers, the cable or video providers will |
begin working on "service interruptions" promptly and in no |
event later than 24 hours after the interruption is |
reported by the customer or otherwise becomes known to the |
cable or video providers. Cable or video providers must |
begin actions to correct other service problems the next |
business day after notification of the service problem and |
correct the problem within 48 hours after the interruption |
is reported by the customer 95% of the time, measured on a |
quarterly basis . |
(3) The "appointment window" alternatives for |
installations, service calls, and other installation |
activities will be either a specific time or, at a maximum, |
a 4-hour
time block during evening, weekend, and normal |
business hours. The cable or video provider may schedule |
service calls and other installation activities outside of |
these hours for the express convenience of the customer. |
(4) Cable or video providers may not cancel an |
appointment with a customer after the close of business |
5:00 p.m. on the business day prior to the scheduled |
appointment. If the cable or video provider's |
representative is running late for an appointment with a |
customer and will not be able to keep the appointment as |
scheduled, the customer will be contacted. The appointment |
will be rescheduled, as necessary, at a time that
is |
|
convenient for the customer, even if the rescheduled |
appointment is not within normal business hours. |
(f) Public benefit obligation: |
(1) All cable or video providers offering service |
pursuant to the Cable and Video Competition Law of 2007, |
the Illinois Municipal Code, or the Counties Code shall |
provide a free service line drop and free basic service to |
all current and future public buildings within their |
footprint, including, but not limited to, all local unit of |
government buildings, public libraries, and public primary |
and secondary schools, whether owned or leased by that |
local unit of government ("eligible buildings"). Such |
service shall be used in a manner consistent with the |
government purpose for the eligible building and shall not |
be resold. |
(2) This obligation only applies to those cable or |
video service providers whose cable service or video |
service systems pass eligible buildings and its cable or |
video service is generally available to residential |
subscribers in the same local unit of government in which |
the eligible building is located. The burden of providing |
such service at each eligible building shall be shared by |
all cable and video providers whose systems pass the |
eligible buildings in an equitable and competitively |
neutral manner, and nothing herein shall require |
duplicative installations by more than one cable or video |
|
provider at each eligible building. Cable or video |
providers operating in a local unit of government shall |
meet as necessary and determine who will provide service to |
eligible buildings under this subsection (f). If the cable |
or video providers are unable to reach an agreement, they |
shall meet with the local unit of government, which shall |
determine which cable or video providers will serve each |
eligible building. The local unit of government shall bear |
the costs of any inside wiring or video equipment costs not |
ordinarily provided as part of the cable or video |
provider's basic offering. |
(g) After the cable or video providers have offered service |
for one year, the cable or video providers shall make an annual |
report to the Commission, to the local unit of government, and |
to the Attorney General that it is meeting the standards |
specified in this Article, identifying the number of complaints |
it received over the prior year in the State and specifying the |
number of complaints related to each of the following: (1) |
billing, charges, refunds, and credits; (2) installation or |
termination of service; (3) quality of service and repair; (4) |
programming; and (5) miscellaneous complaints that do not fall |
within these categories. Thereafter, the cable or video |
providers shall also provide, upon request by the local unit of |
government where service is offered and to the Attorney |
General, an annual public report that includes performance data |
described in subdivisions (5) and (6) of subsection (d) and |
|
subdivisions (1) and (2) of subsection (e)
of this Section for |
cable services or video services. The performance data shall be |
disaggregated for each requesting local unit of government or |
local exchange, as that term is defined in Section 13-206 of |
this
Act, in which the cable or video providers have customers. |
(h) To the extent consistent with federal law, cable or |
video providers shall offer the lowest-cost basic cable or |
video service as a stand-alone service to residential customers |
at reasonable rates. Cable or video providers shall not require |
the subscription to any service other than the lowest-cost |
basic service or to any telecommunications or information |
service, as a condition of access to cable or video service, |
including programming offered on a per channel or per program |
basis. Cable or video providers shall not discriminate between |
subscribers to the lowest-cost basic service, subscribers to |
other cable services or video services, and other subscribers |
with regard to the rates charged for cable or video programming |
offered on a per channel or per program basis. |
(i) To the extent consistent with federal law, cable or |
video providers shall ensure that charges for changes in the |
subscriber's selection of services or equipment shall be based |
on the cost of such change and shall not exceed nominal amounts |
when the system's configuration permits changes in service tier |
selection to be effected solely by coded entry on a computer |
terminal or by other similarly simple method. |
(j) To the extent consistent with federal law, cable or |
|
video providers shall have a rate structure for the provision |
of cable or video service that is uniform throughout the area |
within the boundaries of the local unit of government. This |
subsection (j) is not intended to prohibit bulk discounts to |
multiple dwelling units or to prohibit reasonable discounts to |
senior citizens or other economically disadvantaged groups. |
(k) To the extent consistent with federal law, cable or |
video providers shall not charge a subscriber for any service |
or equipment that the subscriber has not affirmatively |
requested or affirmatively agreed to by name. For purposes of |
this subsection (k), a subscriber's failure to refuse a cable |
or video provider's proposal to provide service or equipment |
shall not be deemed to be an affirmative request for such |
service or equipment. |
(l) No contract or service agreement containing an early |
termination clause offering residential cable or video |
services or any bundle including such services shall be for a |
term longer than 2 years. Any contract or service offering with |
a term of service that contains an early termination fee shall |
limit the early termination fee to not more than the value of |
any additional goods or services provided with the cable or |
video services, the amount of the discount reflected in the |
price for cable services or video services for the period |
during which the consumer benefited from the discount, or a |
declining fee based on the remainder of the contract term. |
(m) Cable or video providers shall not discriminate in the |
|
provision of services for the hearing and visually impaired, |
and shall comply with the accessibility requirements of 47 |
U.S.C. 613. Cable or video providers shall deliver and pick-up |
or provide customers with pre-paid shipping and packaging for |
the return of converters and other necessary equipment at the |
home of customers with disabilities. Cable or video providers |
shall provide free use of a converter or remote control unit to |
mobility impaired customers. |
(n)(1) To the extent consistent with federal law, cable or |
video providers shall comply with the provisions of 47 U.S.C. |
532(h) and (j). The cable or video providers shall not exercise |
any editorial control over any video programming provided |
pursuant to this Section, or in any other way consider the |
content of such programming, except that a cable or video |
provider may refuse to transmit any leased access program or |
portion of a leased access program that
contains obscenity, |
indecency, or nudity and may consider such content to the |
minimum extent necessary to establish a reasonable price for |
the commercial use of designated channel capacity by an |
unaffiliated person. This subsection (n) shall permit cable or |
video providers to enforce prospectively a written and |
published policy of prohibiting programming that the cable or |
video provider reasonably believes describes or depicts sexual |
or excretory activities or organs in a patently offensive |
manner as measured by contemporary community standards. |
(2) Upon customer request, the cable or video provider |
|
shall, without charge, fully scramble or otherwise fully |
block the audio and video programming of each channel |
carrying such programming so that a person who is not a |
subscriber does not receive the channel or programming. |
(3) In providing sexually explicit adult programming |
or other programming that is indecent on any channel of its |
service primarily dedicated to sexually oriented |
programming, the cable or video provider shall fully |
scramble or otherwise fully block the video and audio |
portion of such channel so that a person who is
not a |
subscriber to such channel or programming does not receive |
it. |
(4) Scramble means to rearrange the content of the |
signal of the programming so that the programming cannot be |
viewed or heard in an understandable manner. |
(o) Cable or video providers will maintain a listing, |
specific to the level of street address, of the areas where its |
cable or video services are available. Customers who inquire |
about purchasing cable or video service shall be informed about |
whether the cable or video provider's cable or video services |
are currently available to them at their specific location. |
(p) Cable or video providers shall not disclose the name, |
address, telephone number or other personally identifying |
information of a cable service or video service customer to be |
used in mailing lists or to be used for other commercial |
purposes not reasonably related to the conduct of its business |
|
unless the cable or video provider has provided to the customer |
a notice, separately or included in any other customer service |
notice, that clearly and conspicuously describes the |
customer's ability to prohibit the disclosure. Cable or video |
providers shall provide an address and telephone number for a |
customer to use without a toll charge to prevent disclosure of |
the customer's name and address in mailing lists or for other |
commercial purposes not reasonably related to the conduct of |
its business to other businesses or affiliates of the cable or |
video provider. Cable or video providers shall comply with the |
consumer privacy requirements of Section 26-4.5 of the Criminal |
Code of 2012, the Restricted Call Registry Act, and 47 U.S.C. |
551 that are in effect as of June 30, 2007 (the effective date |
of Public Act 95-9)
and as amended thereafter. |
(q) Cable or video providers shall implement an informal |
process for handling inquiries from local units of government |
and customers concerning billing issues, service issues, |
privacy concerns, and other consumer complaints. In the event |
that an issue is not resolved through this informal process, a |
local unit of government or the customer may request nonbinding |
mediation with the cable or video provider, with each party to |
bear its own costs of such mediation. Selection of the mediator |
will be by mutual agreement, and preference will be given to |
mediation services that do not charge the consumer for their |
services. In the event that the informal process does not |
produce a satisfactory result to the customer or the local unit |
|
of government, enforcement may be pursued as provided in |
subdivision (4) of subsection (r) of this Section. |
(r) The Attorney General and the local unit of government |
may enforce all of the customer service and privacy protection |
standards of this Section with respect to complaints received |
from residents within the local unit of government's |
jurisdiction, but it may not adopt or seek to enforce any |
additional or different customer service or performance |
standards under any other authority or provision of law. |
(1) The local unit of government may, by ordinance, |
provide a schedule of penalties for any material breach of |
this Section by cable or video providers in addition to the |
penalties provided herein. No monetary penalties shall be |
assessed for a material breach if it is out of the |
reasonable control of the cable or video providers or its |
affiliate. Monetary penalties adopted in an ordinance |
pursuant to this Section shall apply on a competitively |
neutral basis to all providers of cable service or video |
service within the local unit of government's |
jurisdiction. In
no event shall the penalties imposed under |
this subsection (r) exceed $750 for each day of the |
material breach, and these penalties shall not exceed |
$25,000 for each occurrence of a material breach per |
customer. |
(2) For purposes of this Section, "material breach" |
means any substantial
failure of a cable or video service |
|
provider to comply with service quality and other standards |
specified in any provision of this Act. The Attorney |
General or the local unit of government shall give the |
cable or video provider written notice of any alleged |
material breaches of this Act and allow such provider at |
least 30 days from receipt of the notice to remedy the |
specified material breach. |
(3) A material breach, for the purposes of assessing |
penalties, shall be deemed to have occurred for each day |
that a material breach has not been remedied by the cable |
service or video service provider after the expiration of |
the period specified in subdivision (2) of this subsection |
(r)
in each local unit of government's jurisdiction, |
irrespective of the number of customers affected. |
(4) Any customer, the Attorney General, or a local unit |
of government may pursue alleged violations of this Act by |
the cable or video provider in a court of competent |
jurisdiction. A cable or video provider may seek judicial |
review of a decision of a local unit of government imposing |
penalties in a court of competent jurisdiction. No local |
unit of government shall be subject to suit for damages or |
other relief based upon its action in connection with its |
enforcement or review of any of the terms, conditions, and |
rights contained in this Act except a court may require the |
return of any penalty it finds was not properly assessed or |
imposed. |
|
(s) Cable or video providers shall credit customers for |
violations in the amounts stated herein. The credits shall be |
applied on the statement issued to the customer for the next |
monthly billing cycle following the violation or following the |
discovery of the violation. Cable or video providers are |
responsible for providing the credits described herein and the |
customer is under no obligation to request the credit. If the |
customer is no longer taking service from the cable or video |
provider, the credit amount will be refunded to the customer by |
check within 30 days of the termination of service. A local |
unit of government may, by ordinance, adopt a schedule of |
credits payable directly to customers for breach of the |
customer service standards and obligations contained in this |
Article, provided the schedule of customer credits applies on a |
competitively neutral basis to all providers of cable service |
or video service in the local unit of government's jurisdiction |
and the credits are not greater than the credits provided in |
this Section. |
(1) Failure to provide notice of customer service |
standards upon initiation of service: $25.00. |
(2) Failure to install service within 7 days: Waiver of |
50% of the installation fee or the monthly fee for the |
lowest-cost basic service, whichever is greater. Failure |
to install service within 14 days: Waiver of 100% of the |
installation fee or the monthly fee for the lowest-cost |
basic service, whichever is greater. |
|
(3) Failure to remedy service interruptions or poor |
video or audio service quality within 48 hours: Pro-rata |
credit of total regular monthly charges equal to the number |
of days of the service interruption. |
(1) (4) Failure to keep an appointment or to notify the |
customer prior to the close of business on the business day |
prior to the scheduled appointment: $25.00. |
(5) Violation of privacy protections: $150.00. |
(6) Failure to comply with scrambling requirements: |
$50.00 per month. |
(2) (7) Violation of customer service and billing |
standards in subsections (c) and (d) of this Section: |
$25.00 per occurrence. |
(3) (8) Violation of the bundling rules in subsection
|
(h) of this Section: $25.00 per month. |
(t) The enforcement powers granted to the Attorney General |
in Article XXI of this
Act shall apply to this Article, except |
that the Attorney General may not seek penalties for violation |
of this Article
other than in the amounts specified herein. |
Nothing in this Section shall limit or affect the powers of the |
Attorney General to enforce the provisions of Article XXI
of |
this
Act or the Consumer Fraud and Deceptive Business Practices |
Act. |
(u) This Article
applies to all cable and video providers |
in the State, including but not limited to those operating |
under a local franchise as that term is used in 47 U.S.C. |