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91_SB0386
LRB9102436JSpc
1 AN ACT to amend the Public Utilities Act by changing
2 Section 13-515.
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 Section 13-515 as follows:
7 (220 ILCS 5/13-515)
8 (Section scheduled to be repealed on July 1, 2001)
9 Sec. 13-515. Enforcement.
10 (a) The following expedited procedures shall be used to
11 enforce the provisions of Section 13-514 of this Act except
12 as provided in subsection (b). However, the Commission, the
13 complainant, and the respondent may mutually agree to adjust
14 the procedures established in this Section. If the
15 Commission determines, pursuant to subsection (b), that the
16 procedural provisions of this Section do not apply, the
17 complaint shall continue pursuant to the general complaint
18 provisions of Article X.
19 (b) (Blank). The provisions of this Section shall not
20 apply to an allegation of a violation of item (8) of Section
21 13-514 by a Bell operating company, as defined in Section 3
22 of the federal Telecommunications Act of 1996, unless and
23 until such company or its affiliate is authorized to provide
24 inter-LATA services under Section 271(d) of the federal
25 Telecommunications Act of 1996; provided, however, that a
26 complaint setting forth a separate independent basis for a
27 violation of Section 13-514 may proceed under this Section
28 notwithstanding that the alleged acts or omissions may also
29 constitute a violation of item (8) of Section 13-514.
30 (c) No complaint may be filed under this Section until
31 the complainant has first notified the respondent of the
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1 alleged violation and offered the respondent 48 hours to
2 correct the situation. Provision of notice and the
3 opportunity to correct the situation creates a rebuttable
4 presumption of knowledge under Section 13-514.
5 (d) A telecommunications carrier may file a complaint
6 with the Commission alleging a violation of Section 13-514 in
7 accordance with this subsection:
8 (1) The complaint shall be filed with the Chief
9 Clerk of the Commission and shall be served in hand upon
10 the respondent, the executive director, and the general
11 counsel of the Commission at the time of the filing.
12 (2) A complaint filed under this subsection shall
13 include a statement that the requirements of subsection
14 (c) have been fulfilled and that the respondent did not
15 correct the situation as requested.
16 (3) Reasonable discovery specific to the issue of
17 the complaint may commence upon filing of the complaint.
18 Requests for discovery must be served in hand and
19 responses to discovery must be provided in hand to the
20 requester within 14 days after a request for discovery is
21 made.
22 (4) An answer and any other responsive pleading to
23 the complaint shall be filed with the Commission and
24 served in hand at the same time upon the complainant, the
25 executive director, and the general counsel of the
26 Commission within 7 days after the date on which the
27 complaint is filed.
28 (5) If the answer or responsive pleading raises the
29 issue that the complaint violates subsection (i) of this
30 Section, the complainant may file a reply to such
31 allegation within 3 days after actual service of such
32 answer or responsive pleading. Within 4 days after the
33 time for filing a reply has expired, the hearing officer
34 or arbitrator shall either issue a written decision
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1 dismissing the complaint as frivolous in violation of
2 subsection (i) of this Section including the reasons for
3 such disposition or shall issue an order directing that
4 the complaint shall proceed.
5 (6) A pre-hearing conference shall be held within
6 14 days after the date on which the complaint is filed.
7 (7) The hearing shall commence within 30 days of
8 the date on which the complaint is filed. The hearing
9 may be conducted by a hearing examiner or by an
10 arbitrator. Parties and the Commission staff shall be
11 entitled to present evidence and legal argument in oral
12 or written form as deemed appropriate by the hearing
13 examiner or arbitrator. The hearing examiner or
14 arbitrator shall issue a written decision within 60 days
15 after the date on which the complaint is filed. The
16 decision shall include reasons for the disposition of the
17 complaint and, if a violation of Section 13-514 is found,
18 directions and a deadline for correction of the
19 violation.
20 (8) Any party may file a petition requesting the
21 Commission to review the decision of the hearing examiner
22 or arbitrator within 5 days of such decision. Any party
23 may file a response to a petition for review within 3
24 business days after actual service of the petition.
25 After the time for filing of the petition for review, but
26 no later than 15 days after the decision of the hearing
27 examiner or arbitrator, the Commission shall decide to
28 adopt the decision of the hearing examiner or arbitrator
29 or shall issue its own final order.
30 (e) If the alleged violation has a substantial adverse
31 effect on the ability of the complainant to provide service
32 to customers, the complainant may include in its complaint a
33 request for an order for emergency relief. The Commission,
34 acting through its designated hearing examiner or arbitrator,
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1 shall act upon such a request within 2 business days of the
2 filing of the complaint. An order for emergency relief may
3 be granted, without an evidentiary hearing, upon a verified
4 factual showing that the party seeking relief will likely
5 succeed on the merits, that the party will suffer irreparable
6 harm in its ability to serve customers if emergency relief is
7 not granted, and that the order is in the public interest.
8 An order for emergency relief shall include a finding that
9 the requirements of this subsection have been fulfilled and
10 shall specify the directives that must be fulfilled by the
11 respondent and deadlines for meeting those directives. The
12 decision of the hearing examiner or arbitrator to grant or
13 deny emergency relief shall be considered an order of the
14 Commission unless the Commission enters its own order within
15 2 calendar days of the decision of the hearing examiner or
16 arbitrator. The order for emergency relief may require the
17 responding party to act or refrain from acting so as to
18 protect the provision of competitive service offerings to
19 customers. Any action required by an emergency relief order
20 must be technically feasible and economically reasonable and
21 the respondent must be given a reasonable period of time to
22 comply with the order.
23 (f) The Commission is authorized to obtain outside
24 resources including, but not limited to, arbitrators and
25 consultants for the purposes of the hearings authorized by
26 this Section. Any arbitrator or consultant obtained by the
27 Commission shall be approved by both parties to the hearing.
28 The cost of such outside resources including, but not limited
29 to, arbitrators and consultants shall be borne by the
30 parties. The Commission shall review the bill for
31 reasonableness and assess the parties for reasonable costs
32 dividing the costs according to the resolution of the
33 complaint brought under this Section. Such costs shall be
34 paid by the parties directly to the arbitrators, consultants,
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1 and other providers of outside resources within 60 days after
2 receiving notice of the assessments from the Commission.
3 Interest at the statutory rate shall accrue after expiration
4 of the 60-day period. The Commission, arbitrators,
5 consultants, or other providers of outside resources may
6 apply to a court of competent jurisdiction for an order
7 requiring payment.
8 (g) The Commission shall assess the parties under this
9 subsection for all of the Commission's costs of investigation
10 and conduct of the proceedings brought under this Section
11 including, but not limited to, the prorated salaries of
12 staff, attorneys, hearing examiners, and support personnel
13 and including any travel and per diem, directly attributable
14 to the complaint brought pursuant to this Section, but
15 excluding those costs provided for in subsection (f),
16 dividing the costs according to the resolution of the
17 complaint brought under this Section. All assessments made
18 under this subsection shall be paid into the Public Utility
19 Fund within 60 days after receiving notice of the assessments
20 from the Commission. Interest at the statutory rate shall
21 accrue after the expiration of the 60 day period. The
22 Commission is authorized to apply to a court of competent
23 jurisdiction for an order requiring payment.
24 (h) If the Commission determines that there is an
25 imminent threat to competition or to the public interest, the
26 Commission may, notwithstanding any other provision of this
27 Act, seek temporary, preliminary, or permanent injunctive
28 relief from a court of competent jurisdiction either prior to
29 or after the hearing.
30 (i) A party shall not bring or defend a proceeding
31 brought under this Section or assert or controvert an issue
32 in a proceeding brought under this Section, unless there is a
33 non-frivolous basis for doing so. By presenting a pleading,
34 written motion, or other paper in complaint or defense of the
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1 actions or inaction of a party under this Section, a party is
2 certifying to the Commission that to the best of that party's
3 knowledge, information, and belief, formed after a reasonable
4 inquiry of the subject matter of the complaint or defense,
5 that the complaint or defense is well grounded in law and
6 fact, and under the circumstances:
7 (1) it is not being presented to harass the other
8 party, cause unnecessary delay in the provision of
9 competitive telecommunications services to consumers, or
10 create needless increases in the cost of litigation; and
11 (2) the allegations and other factual contentions
12 have evidentiary support or, if specifically so
13 identified, are likely to have evidentiary support after
14 reasonable opportunity for further investigation or
15 discovery as defined herein.
16 (j) If, after notice and a reasonable opportunity to
17 respond, the Commission determines that subsection (i) has
18 been violated, the Commission shall impose appropriate
19 sanctions upon the party or parties that have violated
20 subsection (i) or are responsible for the violation. The
21 sanctions shall be not more than $7,500, plus the amount of
22 expenses accrued by the Commission for conducting the
23 hearing. Payment of sanctions imposed under this subsection
24 shall be made to the Common School Fund within 30 days of
25 imposition of such sanctions.
26 (k) An appeal of a Commission Order made pursuant to
27 this Section shall not effectuate a stay of the Order unless
28 a court of competent jurisdiction specifically finds that the
29 party seeking the stay will likely succeed on the merits,
30 that the party will suffer irreparable harm without the stay,
31 and that the stay is in the public interest.
32 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)