State of Illinois
90th General Assembly
Legislation

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90_HB3153

      220 ILCS 5/13-301         from Ch. 111 2/3, par. 13-301
      220 ILCS 5/13-301.1       from Ch. 111 2/3, par. 13-301.1
          Amends the Public Utilities Act.  Makes technical changes
      in  Sections  concerning  the  Universal  Telephone   Service
      Assistance Program.
                                                     LRB9010890JSmg
                                               LRB9010890JSmg
 1        AN  ACT  to  amend  the  Public Utilities Act by changing
 2    Sections 13-301 and 13-301.1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Public  Utilities  Act  is  amended by
 6    changing Sections 13-301 and 13-301.1 as follows:
 7        (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
 8        (Section scheduled to be repealed on July 1, 2001)
 9        Sec. 13-301.  Consistent with  the  findings  and  policy
10    established  in paragraph (a) of Section 13-102 and paragraph
11    (a) of Section 13-103, and in order to ensure the  attainment
12    of such policies, the Commerce Commission shall:
13        (a)  participate  in  all  federal  programs  intended to
14    preserve  or  extend  universal  telecommunications  service,
15    unless such programs would place  cost  burdens  on  Illinois
16    customers  of  telecommunications  services  in excess of the
17    benefits they would receive through participation,  provided,
18    however,  the  Commission  shall  not  approve  or permit the
19    imposition  of  any  surcharge  or  other  fee  designed   to
20    subsidize  or  provide  a waiver for subscriber line charges;
21    and shall report on such programs together with an assessment
22    of their  adequacy  and  the  advisability  of  participating
23    therein in its annual report to the General Assembly, or more
24    often as necessary;
25        (b)  establish   a   program  to  monitor  the  level  of
26    telecommunications subscriber connection within each exchange
27    in Illinois, and shall report the results of such  monitoring
28    and  any  actions  it  has  taken  or  recommends be taken to
29    maintain and increase such levels in its annual report to the
30    General Assembly, or more often if necessary;
31        (c)  order all telecommunications  carriers  offering  or
                            -2-                LRB9010890JSmg
 1    providing   local   exchange  telecommunications  service  to
 2    propose low-cost or budget service tariffs and any other rate
 3    design or pricing mechanisms designed to facilitate  customer
 4    access  to  such  telecommunications service, and shall after
 5    notice and hearing, implement any  such  proposals  which  it
 6    finds likely to achieve such purpose;
 7        (d)  investigate   the   necessity   and  feasibility  of
 8    establishing a fund from  which  telecommunications  carriers
 9    offering   or  providing  local  exchange  telecommunications
10    service, whose costs of providing  such  service  exceed  the
11    average  cost  of  providing  such service in Illinois, could
12    receive revenues intended to mitigate  the  price  impact  on
13    customers  resulting  from  the  high  or rising cost of such
14    service; and shall include the results and findings  of  such
15    investigation   together   with   any   recommendations   for
16    legislative  action in its first annual report to the General
17    Assembly in 1986;
18        (e)  Any  telecommunications  carrier   providing   local
19    exchange telecommunications service which offers to its local
20    exchange  customers  a  choice  of two or more local exchange
21    telecommunications service offerings shall  provide,  to  any
22    such  customer  requesting  it, once a year without charge, a
23    report describing  which  local  exchange  telecommunications
24    service  offering  would  result  in the lowest bill for such
25    customer's local exchange service, based on  such  customer's
26    calling  pattern  and  usage  for  the previous 6 months.  At
27    least once a year, each such carrier shall provide  a  notice
28    to  each  of  its  local  exchange telecommunications service
29    customers describing the availability of this report and  the
30    specific  procedures by which customers may receive it.  Such
31    report  shall  only  be  available  to  current  and   future
32    customers  who  have received at least 6 months of continuous
33    local exchange service from such carrier.
34    (Source: P.A. 87-445.)
                            -3-                LRB9010890JSmg
 1        (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
 2        (Section scheduled to be repealed on July 1, 2001)
 3        (Text of Section before amendment by P.A. 90-372)
 4        Sec. 13-301.1.  Universal  Telephone  Service  Assistance
 5    Program.
 6        (a)  The  Commerce Commission shall by rule or regulation
 7    establish a Universal Telephone  Service  Assistance  Program
 8    for  low  income  residential  customers.  The  program shall
 9    provide for a reduction of access line charges,  a  reduction
10    of  connection  charges, or any other alternative to increase
11    accessibility to telephone service that the Commission  deems
12    advisable  subject  to  the  availability  of  funds  for the
13    program as provided in subsection (b).  The Commission  shall
14    establish  eligibility  requirements  for  benefits under the
15    program.
16        (b)  The Commission shall require by rule  or  regulation
17    that each telecommunications carrier providing local exchange
18    telecommunications  services notify its customers that if the
19    customer  wishes  to  participate  in  the  funding  of   the
20    Universal  Telephone  Service Assistance Program he may do so
21    by electing to contribute, on a monthly basis, a fixed amount
22    that will be included in the customer's  monthly  bill.   The
23    customer  may  cease  contributing at any time upon providing
24    notice to  the  telecommunications  carrier  providing  local
25    exchange  telecommunications services. The notice shall state
26    that any contribution made will  not  reduce  the  customer's
27    bill  for  telecommunications services.  Failure to remit the
28    amount of increased  payment  will  reduce  the  contribution
29    accordingly.   The Commission shall specify the monthly fixed
30    amount or amounts that customers wishing to contribute to the
31    funding of the Universal Telephone Service Assistance Program
32    may  choose  from  in  making  their  contributions.    Every
33    telecommunications    carrier    providing   local   exchange
34    telecommunications   services   shall   remit   the   amounts
                            -4-                LRB9010890JSmg
 1    contributed in accordance with the  terms  of  the  Universal
 2    Telephone Service Assistance Program.
 3        (c)  The   Commission  shall  promulgate  the  rules  and
 4    regulations necessary to implement  the  provisions  of  this
 5    Section  no  later  than 180 days after the effective date of
 6    this amendatory Act of 1991.
 7    (Source: P.A. 87-750.)
 8        (Text of Section after amendment by P.A. 90-372)
 9        Sec. 13-301.1.  Universal  Telephone  Service  Assistance
10    Program.
11        (a)  The  Commerce Commission shall by rule or regulation
12    establish a Universal Telephone  Service  Assistance  Program
13    for  low  income  residential  customers.  The  program shall
14    provide for a reduction of access line charges,  a  reduction
15    of  connection  charges, or any other alternative to increase
16    accessibility to telephone service that the Commission  deems
17    advisable  subject  to  the  availability  of  funds  for the
18    program as provided in subsection (b).  The Commission  shall
19    establish  eligibility  requirements  for  benefits under the
20    program.
21        (b)  The Commission shall require by rule  or  regulation
22    that each telecommunications carrier providing local exchange
23    telecommunications  services notify its customers that if the
24    customer  wishes  to  participate  in  the  funding  of   the
25    Universal  Telephone  Service Assistance Program he may do so
26    by electing to contribute, on a monthly basis, a fixed amount
27    that will be included in the customer's  monthly  bill.   The
28    customer  may  cease  contributing at any time upon providing
29    notice to  the  telecommunications  carrier  providing  local
30    exchange  telecommunications services. The notice shall state
31    that any contribution made will  not  reduce  the  customer's
32    bill  for  telecommunications services.  Failure to remit the
33    amount of increased  payment  will  reduce  the  contribution
34    accordingly.   The Commission shall specify the monthly fixed
                            -5-                LRB9010890JSmg
 1    amount or amounts that customers wishing to contribute to the
 2    funding of the Universal Telephone Service Assistance Program
 3    may  choose  from  in  making  their  contributions.    Every
 4    telecommunications    carrier    providing   local   exchange
 5    telecommunications   services   shall   remit   the   amounts
 6    contributed in accordance with the  terms  of  the  Universal
 7    Telephone Service Assistance Program.
 8    (Source: P.A. 87-750; 90-372, eff. 7-1-98.)

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