Public Act 90-0038 of the 90th General Assembly
Public Act 90-0038
SB949 Enrolled LRB9001713LDdv
AN ACT to amend the Public Utilities Act by changing
Sections 13-101 and 13-901.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by
changing Sections 13-101 and 13-901 as follows:
(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
(This Section is scheduled to be repealed July 1, 1999.)
Sec. 13-101. 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
telecommunications rates and services, and the regulation
thereof, except 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 V, Sections 8-301, 8-505, 9-221, 9-222,
9-222.1, 9-222.2, and 9-250, and 9-252.1, and Articles X and
XI of this Act are fully and equally applicable to
competitive telecommunications rates and services, and the
regulation thereof.
(Source: P.A. 86-101.)
(220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
(This Section is scheduled to be repealed July 1, 1997.)
Sec. 13-901. Operator Service Provider.
(a) For the purposes of this Section:
(1) "Operator service provider" means every
telecommunications carrier that provides operator
services or any other person or entity that the
Commission determines is providing operator services.
(2) "Aggregator" means any person or entity that is
not an operator service provider and that in the ordinary
course of its operations makes telephones available to
the public or to transient users of its premises
including, but not limited to, a hotel, motel, hospital,
or university for telephone calls between points within
this State that are specified by the user using an
operator service provider.
(3) "Operator services" means any
telecommunications service that includes, as a component,
any automatic or live assistance to a consumer to arrange
for billing or completion, or both, of a telephone call
between points within this State that are specified by
the user through a method other than:
(A) automatic completion with billing to the
telephone from which the call originated;
(B) completion through an access code or a
proprietory account number used by the consumer,
with billing to an account previously established
with the carrier by the consumer; or
(C) completion in association with directory
assistance services.
(b) The Commission shall, by rule or order, adopt and
enforce operating requirements for the provision of
operator-assisted services. The rules shall apply to operator
service providers and to aggregators. The rules shall be
compatible with the rules adopted by the Federal
Communications Commission under the federal Telephone
Operator Consumer Services Improvement Act of 1990. These
requirements shall address, but not necessarily be limited
to, the following:
(1) oral and written notification of the identity
of the operator service provider and the availability of
information regarding operator service provider rates,
collection methods, and complaint resolution methods;
(2) restrictions on billing and charges for
operator services;
(3) restrictions on "call splashing" as that term
is defined in 47 C.F.R. Section 64.708;
(4) access to other telecommunications carriers by
the use of access codes including, but not limited to
800, 888, 950, and 10XXX numbers;
(5) the appropriate routing and handling of
emergency calls;
(6) the enforcement of these rules through tariffs
for operator services and by a requirement that operator
service providers withhold payment of compensation to
aggregators that have been found to be noncomplying by
the Commission.
(c) The Commission shall adopt any rule necessary to
make rules previously adopted under this Section compatible
with the rules of the Federal Communications Commission no
later than one year after the effective date of this
amendatory Act of 1993.
(d) A violation of any rule adopted by the Commission
under subsection (b) is a business offense subject to a fine
of not less than $1,000 nor more than $5,000. In addition,
the Commission may, after notice and hearing, order any
telecommunications carrier to terminate service to any
aggregator found to have violated any rule.
(e) This Section is repealed on July 1, 1999 1997.
(Source: P.A. 88-382.)
Section 99. Effective date. This Act takes effect upon
becoming law.