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| [ House Amendment 001 ] |
90_HB0714
220 ILCS 5/13-101 from Ch. 111 2/3, par. 13-101
220 ILCS 5/13-104 new
220 ILCS 5/13-502 from Ch. 111 2/3, par. 13-502
220 ILCS 5/13-505 from Ch. 111 2/3, par. 13-505
220 ILCS 5/13-509 from Ch. 111 2/3, par. 13-509
Amends the Telecommunications Article of the Public
Utilities Act. Provides that telecommunications services
may be offered in packages or bundles of services. Prohibits
the use of market share as evidence for the determination of
the classification of services. Prohibits the denial of a
classification or reclassification of service as competitive
solely because of differences in technology or dialing
arrangements. Permits rates to be increased upon filing of
the rate and notice to affected customers. Authorizes any
telecommunications carrier to negotiate to provide
competitive services. Effective immediately.
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1 AN ACT to amend the Public Utilities Act by changing
2 Sections 13-101, 13-502, 13-505, and 13-509 and adding
3 Section 13-104.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Public Utilities Act is amended by
7 changing Sections 13-101, 13-502, 13-505, and 13-509 and
8 adding Section 13-104 as follows:
9 (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
10 (This Section is scheduled to be repealed July 1, 1999.)
11 Sec. 13-101. Except to the extent modified or
12 supplemented by the specific provisions of this Article, the
13 Sections of this Act pertaining to public utilities, public
14 utility rates and services, and the regulation thereof, are
15 fully and equally applicable to noncompetitive
16 telecommunications rates and services, and the regulation
17 thereof, except where the context clearly renders such
18 provisions inapplicable. Except to the extent modified or
19 supplemented by the specific provisions of this Article,
20 Articles I through V, Sections 9-221, 9-222, 9-222.1, and
21 9-222.2 and 9-250, Articles X and XI of this Act are fully
22 and equally applicable to competitive telecommunications
23 rates and services, and the regulation thereof.
24 (Source: P.A. 86-101.)
25 (220 ILCS 5/13-104 new)
26 Sec. 13-104. Packaging. Nothing in this Act shall be
27 construed to prohibit the packaging or bundling of any
28 telecommunications services, provided that the prices for the
29 packages or bundles of telecommunications services shall
30 satisfy on an aggregate basis any cost standards pursuant to
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1 Sections 13-502 and 13-505.1 of this Act for the
2 telecommunications services that are included in the packages
3 or bundles and, provided further, that rates for the
4 individual service in the package continue to equal or exceed
5 their long run service incremental cost.
6 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
7 (This Section is scheduled to be repealed July 1, 1999.)
8 Sec. 13-502. Classification of services.
9 (a) All telecommunications services offered or provided
10 under tariff by telecommunications carriers shall be
11 classified as either competitive or noncompetitive. A
12 telecommunications carrier may offer or provide either
13 competitive or noncompetitive telecommunications services, or
14 both, subject to proper certification and other applicable
15 provisions of this Article. Any tariff filed with the
16 Commission as required by Section 13-501 shall indicate
17 whether the service to be offered or provided is competitive
18 or noncompetitive.
19 (b) A service shall be classified as competitive only
20 if, and only to the extent that, for some identifiable class
21 or group of customers in an exchange, group of exchanges, or
22 some other clearly defined geographical area, such service, a
23 functionally similar service or its functional equivalent, or
24 a substitute service, is reasonably available from more than
25 one provider, whether or not any such provider is a
26 telecommunications carrier subject to regulation under this
27 Act and whether or not such provider offers such services
28 over its own facilities or resells the services of another
29 carrier. All telecommunications services not properly
30 classified as competitive shall be classified as
31 noncompetitive. The Commission shall have the power to
32 investigate the propriety of any classification of a
33 telecommunications service on its own motion and shall
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1 investigate upon complaint. After notice and hearing, the
2 Commission shall order the proper classification of any
3 service in whole or in part. The Commission may not use
4 evidence of market share to determine the classification of a
5 service and may not deny classification or reclassification
6 of a service as competitive solely because it finds that the
7 service does not use the same technology or does not offer
8 identical dialing arrangements as a similar or substitute
9 service. The Commission shall make its determination and
10 issue its final order no later than 180 days from the date
11 the tariff classifying the service is filed such hearing or
12 investigation is initiated. If the Commission enters into a
13 hearing upon complaint and if the Commission fails to issue
14 an order within that period, the complaint shall be deemed
15 denied granted unless the Commission, the complainant, and
16 the telecommunications carrier providing the service agree to
17 extend the time period.
18 (c) No tariff classifying a new telecommunications
19 service as competitive or reclassifying a previously
20 noncompetitive telecommunications service as competitive,
21 which is filed by a telecommunications carrier which also
22 offers or provides noncompetitive telecommunications service,
23 shall be effective unless and until such telecommunications
24 carrier offering or providing, or seeking to offer or
25 provide, such proposed competitive service prepares and files
26 a study of the long-run service incremental cost underlying
27 such service and demonstrates that the tariffed rates and
28 charges for the service and any relevant group of services
29 that includes the proposed competitive service and for which
30 resources are used in common solely by that group of services
31 are not less than the long-run service incremental cost of
32 providing the service and each relevant group of services.
33 Such study shall be given proprietary treatment by the
34 Commission at the request of such carrier if any other
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1 provider of the competitive service, its functional
2 equivalent, or a substitute service in the geographical area
3 described by the proposed tariff has not filed, or has not
4 been required to file, such a study.
5 (d) In the event any telecommunications service has been
6 classified and filed as competitive by the telecommunications
7 carrier, and has been offered or provided on such basis, and
8 the Commission subsequently determines after investigation
9 that such classification improperly included services which
10 were in fact noncompetitive, the Commission shall have the
11 power to determine and order refunds to customers for any
12 overcharges which may have resulted from the improper
13 classification, or to order such other remedies provided to
14 it under this Act, or to seek an appropriate remedy or relief
15 in a court of competent jurisdiction.
16 (e) Any telecommunications carrier which seeks to file a
17 tariff classifying a new telecommunications service as
18 competitive or reclassifying a previously noncompetitive
19 telecommunications service as competitive may, instead of
20 filing such new tariff and offering and providing such
21 service as competitive subject to refund, apply to the
22 Commission, prior to offering or providing such service as
23 competitive, for an order finding that the proposed tariff is
24 proper and consistent with law. Any telecommunications
25 carrier applying for Commission approval pursuant to this
26 paragraph (e) shall provide timely and effective notice of
27 its application and proposed tariff to potentially affected
28 providers and customers in a manner to be determined by the
29 Commission.
30 Upon such application and notice, the Commission may make
31 its findings without hearing within 21 days of the filing of
32 the application and may allow such tariff to take immediate
33 effect thereafter if there is no request for hearing by
34 potentially affected providers or customers. The Commission
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1 shall, however, enter into hearings to determine the
2 propriety and legality of the proposed tariffs upon such
3 request or if the Commission, in its discretion, believes
4 such hearings are necessary.
5 If the Commission enters into hearings upon the
6 application, it shall issue a final order within 180 days of
7 such application, and, if the Commission fails to issue an
8 order within such period, the application shall be deemed
9 granted, unless, however, the Commission, the applicant and
10 all parties to the hearing agree to extend such time period.
11 The Commission shall have the power to issue an interim order
12 allowing the proposed tariff to take effect during the 180
13 day period subject to refund and such other conditions as the
14 Commission may provide.
15 (Source: P.A. 87-856.)
16 (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
17 (This Section is scheduled to be repealed July 1, 1999.)
18 Sec. 13-505. Rate changes; competitive services.
19 Proposed changes in rates or charges, or any classification
20 or tariff provision affecting rates or charges, for any
21 competitive telecommunications service, shall be treated
22 pursuant to this Section as follows: (a) Any proposed
23 increase or decrease in rates or charges, or proposed change
24 in any classification or tariff resulting in an increase or a
25 decrease in rates or charges, for a competitive
26 telecommunications service shall be permitted upon the filing
27 of the proposed rate, charge, classification, or tariff.;
28 (b) any proposed increase in rates or charges, or proposed
29 change in any classification or tariff resulting in an
30 increase in rates or charges, for a competitive
31 telecommunications service shall be permitted by the filing
32 of the proposed rate, charge, classification, or tariff and
33 shall become effective 14 days after its filing. Prior
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1 notice shall also be given to all potentially affected
2 customers by mail, publication in a newspaper of general
3 circulation, or equivalent means of notice.; and
4 (c) if a hearing is held pursuant to Section 9-250
5 regarding the reasonableness of an increase in the rates or
6 charges of a competitive local exchange service, then the
7 telecommunications carrier providing the service shall have
8 the burden of proof to establish the justness and
9 reasonableness of the proposed rate or charge.
10 (Source: P.A. 87-856.)
11 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
12 (This Section is scheduled to be repealed July 1, 1999.)
13 Sec. 13-509. Agreements for provision of service
14 differing from tariffs. A telecommunications carrier may
15 file a model contract for any competitive telecommunications
16 service, which includes and specifically describes a range,
17 band, formula, or standard for rates and charges, and
18 practices, rules, regulations, terms, and conditions under
19 which the carrier will offer the services, without regard to
20 any tariffs the carrier may have filed with the Commission
21 with respect to those services. A telecommunications
22 carrier offering or providing competitive telecommunications
23 service may negotiate with customers or prospective customers
24 to provide competitive telecommunications services for the
25 provision by it of such service, and in so doing, may offer
26 or agree to provide such service on such terms and for such
27 rates or charges as it deems reasonable, without regard to
28 any tariffs it may have filed with the Commission with
29 respect to such services. From time to time, but not less
30 than once a month Within 10 days after concluding any such
31 agreement, the telecommunications carrier shall file either a
32 copy of all contracts any contract or memoranda memorandum of
33 understanding for the provision of telecommunications
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1 service, including which shall include the rates or other
2 charges, practices, rules, or regulations applicable to the
3 agreed provision of such service, or a letter identifying all
4 such agreements and certifying that the rates, charges,
5 practices, rules, and regulations are consistent with the
6 model contract filed with the Commission with respect to the
7 service. Upon filing a its contract, or memorandum, or
8 letter, the telecommunications carrier shall thereafter
9 provide service according to the filed terms thereof, unless
10 the Commission finds, after notice and hearing, that the
11 continued provision of service pursuant to such contract or
12 memorandum would substantially and adversely affect the
13 financial integrity of the telecommunications carrier or
14 would cause the cross-subsidization of any competitive
15 service by any noncompetitive service.
16 Any model contract contract or memorandum entered into or
17 and filed pursuant to the provisions of this Section may, in
18 the Commission's discretion, be accorded proprietary
19 treatment.
20 (Source: P.A. 84-1063.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.