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92_HB2903ham001
LRB9202400JSpcam
1 AMENDMENT TO HOUSE BILL 2903
2 AMENDMENT NO. . Amend House Bill 2903 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Public Utilities Act is amended by
5 changing Sections 4-203, 5-202, 13-100, 13-209, 13-301,
6 13-301.1, 13-302, 13-502, 13-504, 13-505, 13-505.2, 13-506.1,
7 13-507, 13-514, 13-515, 13-704, and 13-902 and adding
8 Sections 13-216, 13-217, 13-218, 13-219, 13-220, 13-710,
9 13-711, 13-712, 13-713, 13-714, and 13-715 as follows:
10 (220 ILCS 5/4-203) (from Ch. 111 2/3, par. 4-203)
11 Sec. 4-203. Action to recover penalties.
12 (a) This subsection applies to telecommunications
13 carriers as defined in Section 13-202:
14 (1) All civil penalties established under this Act
15 shall be assessed and collected by the Commission. Except
16 for the penalties provided under Section 2-202, civil
17 penalties may be assessed only after notice and
18 opportunity to be heard. The Commission may compromise
19 any civil penalty.
20 (2) If timely judicial review of a Commission order
21 that imposes a civil penalty is taken by the
22 telecommunications carrier on which the civil penalty has
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1 been imposed, the reviewing court shall enter a judgment
2 on all amounts upon affirmation of the Commission order.
3 If timely judicial review is not taken and the civil
4 penalty remains unpaid for 60 days after service of the
5 order, the Commission in its discretion may either begin
6 revocation proceedings or bring suit to recover the
7 penalties. Unless stayed by a reviewing court, interest
8 shall accrue from 60 days after the date of service of
9 the Commission order.
10 (3) Actions to recover delinquent civil penalties
11 under this Act shall be brought in the name of the People
12 of the State of Illinois in the circuit court in and for
13 the county in which the cause, or some part thereof,
14 arose, or in which the corporation complained of, if any,
15 has its principal place of business, or in which the
16 person, if any, complained of, resides. The action shall
17 be commenced and prosecuted to final judgment by the
18 Commission. All interest incurred up to the time of final
19 court judgment may be sued for and recovered in that
20 action. In all such actions, the procedure and rules of
21 evidence shall be the same as in ordinary civil actions,
22 except as otherwise herein provided. All fines and
23 penalties recovered by the State in any such action shall
24 be paid into the State treasury to the credit of the
25 General Revenue Fund. Any such action may be compromised
26 or discontinued on application of the Commission upon
27 such terms as the court shall approve and order.
28 (4) Civil penalties related to the late filing of
29 reports, taxes, or other filings shall be paid into the
30 State Treasury to the credit of the Public Utility Fund.
31 Except as otherwise provided in this Act, all other fines
32 and civil penalties shall be paid to the carrier's
33 customers in a manner deemed appropriate by the
34 Commission.
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1 (b) Except as otherwise provided in this Act, actions to
2 recover penalties under this Act shall be brought in the name
3 of the People of the State of Illinois in the circuit court
4 in and for the county in which the cause, or some part
5 thereof, arose, or in which the corporation complained of, if
6 any, has its principal place of business, or in which the
7 person, if any, complained of, resides. The action shall be
8 commenced and prosecuted to final judgment by the Commission.
9 In any such action, all penalties incurred up to the time of
10 commencing the same may be sued for and recovered. In all
11 such actions, the procedure and rules of evidence shall be
12 the same as in ordinary civil actions, except as otherwise
13 herein provided. All fines and penalties recovered by the
14 State in any such action shall be paid into the State
15 treasury to the credit of the general fund. Any such action
16 may be compromised or discontinued on application of the
17 Commission upon such terms as the court shall approve and
18 order.
19 (Source: P.A. 84-617.)
20 (220 ILCS 5/5-202) (from Ch. 111 2/3, par. 5-202)
21 Sec. 5-202. Violations; penalties.
22 (a) Any public utility or any corporation other than a
23 public utility, which violates or fails to comply with any
24 provisions of this Act, or which fails to obey, observe or
25 comply with any order, decision, rule, regulation, direction,
26 or requirement or any part or provision thereof, of the
27 Commission, made or issued under authority of this Act, in a
28 case in which a penalty is not otherwise provided for in this
29 Act, shall be subject to a civil penalty imposed in the
30 manner provided in Section 4-203. The penalty for all public
31 utilities and other corporations, except for
32 telecommunications carriers as defined in Section 13-202 of
33 this Act, shall of not be less than $500 nor more than $2,000
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1 for each and every offense.
2 (b) The penalty for a telecommunications carrier shall
3 not exceed the higher of $1,000,000 per violation or 3% of
4 the violator's annual gross intrastate revenue. The
5 Commission shall consider the circumstances of the case in
6 determining whether the fine should be assessed on a per
7 violation basis or whether it is more appropriate to base the
8 fine on the totality of the violations. In determining the
9 amount of the fine, the Commission shall take into
10 consideration the severity of the violation, the number of
11 customers affected, the length of the violation, and the
12 effect of the penalty on future telecommunications carrier
13 conduct. If the telecommunications carrier willfully hinders
14 discovery of, or information regarding, any violation under
15 this provision, the Commission has the authority to impose
16 additional penalties of up to double the amount of the
17 initial penalty. Penalties accrue from the first day the
18 carrier violated the Act or order, decision, rule,
19 regulation, direction, or requirement of the Commission or
20 any part or provision thereof. The provisions of this
21 subsection shall apply only to telecommunications carriers.
22 (c) Every violation of the provisions of this Act or of
23 any order, decision, rule, regulation, direction or
24 requirement of the Commission, or any part or portion thereof
25 by any corporation or person, is a separate and distinct
26 offense and in case of a continuing violation each day's
27 continuance thereof shall be a separate and distinct offense.
28 In construing and enforcing the provisions of this Act
29 relating to penalties, the act, omission, or failure of any
30 officer, agent, or employee of any public utility acting
31 within the scope of his official duties or employment, shall
32 in every case be deemed to be the act, omission, or failure
33 of such public utility.
34 If the party who has violated or failed to comply with
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1 this Act or order, decision, rule, regulation, direction, or
2 requirement of the Commission or any part or provision
3 thereof, fails to seek review pursuant to Sections 10-113 and
4 10-201 of this Act within 30 days of service of the order,
5 the party shall, upon expiration of the 30 days, be subject
6 to the civil penalty provision of this Section.
7 For public utilities and other corporations, except for
8 telecommunications carriers as defined in Section 13-202 of
9 the Act, no penalties shall accrue under this provision until
10 15 days after the mailing of a notice to such party or
11 parties that they are in violation of or have failed to
12 comply with the Act or order, decision, rule, regulation,
13 direction, or requirement of the Commission or any part or
14 provision thereof.
15 (Source: P.A. 87-164.)
16 (220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)
17 (Section scheduled to be repealed on July 1, 2001)
18 Sec. 13-100. Short title. This Article shall be known
19 and may be cited as the Telecommunications Consumer Universal
20 Telephone Service Protection Law of 2001 1985.
21 (Source: P.A. 84-1063.)
22 (220 ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209)
23 (Section scheduled to be repealed on July 1, 2001)
24 Sec. 13-209. Competitive telecommunications service.
25 "Competitive telecommunications service" means a
26 telecommunications service, its functional equivalent or a
27 substitute service, which, for some identifiable class or
28 group of customers in an exchange, group of exchanges, or
29 some other clearly defined geographical area, is classified
30 as a competitive service pursuant to Section 13-502 of this
31 Act is reasonably available from more than one provider,
32 whether or not such provider is a telecommunications carrier
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1 subject to regulation under this Act. A telecommunications
2 service may be competitive for the entire state, some
3 geographical area therein, including an exchange or set of
4 exchanges, or for a specific customer or class or group of
5 customers, but only to the extent consistent with this
6 definition.
7 (Source: P.A. 84-1063.)
8 (220 ILCS 5/13-216 new)
9 Sec. 13-216. Loop. "Loop" means the switched access
10 lines that are the facilities of the local exchange carrier
11 that connect between a local exchange carrier's central
12 office and the customer premise.
13 (220 ILCS 5/13-217 new)
14 Sec. 13-217. Port. "Port" means the line side port that
15 is the line card, protector, and main distribution frame.
16 (220 ILCS 5/13-218 new)
17 Sec. 13-218. Basic exchange service. "Basic exchange
18 service" means the service purchased by the carrier's
19 monthly recurring network access line charge along any local
20 usage within the residential untimed calling zone or any flat
21 rate local usage.
22 (220 ILCS 5/13-219 new)
23 Sec. 13-219. Non-basic exchange service. "Non-basic
24 exchange service" means services other than basic exchange
25 service.
26 (220 ILCS 5/13-220 new)
27 Sec. 13-220. Stand alone cost. "Stand alone cost" of a
28 service or group of services means the total cost, including
29 both variable and fixed costs, that a firm would incur to
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1 produce that service or group of services separately from
2 producing any other service.
3 (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
4 (Section scheduled to be repealed on July 1, 2001)
5 Sec. 13-301. Duties of the Commission. Consistent with
6 the findings and policy established in paragraph (a) of
7 Section 13-102 and paragraph (a) of Section 13-103, and in
8 order to ensure the attainment of such policies, the
9 Commission shall:
10 (a) participate in all federal programs intended to
11 preserve or extend universal telecommunications service,
12 unless such programs would place cost burdens on Illinois
13 customers of telecommunications services in excess of the
14 benefits they would receive through participation, provided,
15 however, the Commission shall not approve or permit the
16 imposition of any surcharge or other fee designed to
17 subsidize or provide a waiver for subscriber line charges;
18 and shall report on such programs together with an assessment
19 of their adequacy and the advisability of participating
20 therein in its annual report to the General Assembly, or more
21 often as necessary;
22 (b) establish a program to monitor the level of
23 telecommunications subscriber connection within each exchange
24 in Illinois, and shall report the results of such monitoring
25 and any actions it has taken or recommends be taken to
26 maintain and increase such levels in its annual report to the
27 General Assembly, or more often if necessary;
28 (c) order all telecommunications carriers offering or
29 providing local exchange telecommunications service to
30 propose low-cost or budget service tariffs and any other rate
31 design or pricing mechanisms designed to facilitate customer
32 access to such telecommunications service, and shall after
33 notice and hearing, implement any such proposals which it
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1 finds likely to achieve such purpose;
2 (d) investigate the necessity of and, if appropriate,
3 establish a universal service support fund from which local
4 exchange telecommunications carriers who pursuant to the
5 Twenty-Seventh Interim Order of the Commission in Docket No.
6 83-0142 or the orders of the Commission in Docket No. 97-0621
7 and Docket No. 98-0679 received funding and whose economic
8 costs of providing services for which universal service
9 support may be made available exceed the affordable rate
10 established by the Commission for such services may be
11 eligible to receive support, less any federal universal
12 service support received for the same or similar costs of
13 providing the supported services; provided, however, that if
14 a universal service support fund is established, the
15 Commission shall require that all costs of the fund be
16 recovered from all local exchange and interexchange
17 telecommunications carriers certificated in Illinois on a
18 competitively neutral and nondiscriminatory basis. In
19 establishing any such universal service support fund, the
20 Commission shall, in addition to the determination of costs
21 for supported services, consider and make findings pursuant
22 to paragraphs (1), (2), and (4) of item (e) of this Section.
23 Proxy cost, as determined by the Commission, may be used for
24 this purpose. In determining cost recovery for any universal
25 service support fund, the Commission shall not permit
26 recovery of such costs from another certificated carrier for
27 any service purchased and used solely as an input to a
28 service provided to such certificated carrier's retail
29 customers; and
30 (e) investigate the necessity of and, if appropriate,
31 establish a universal service support fund in addition to any
32 fund that may be established pursuant to item (d) of this
33 Section; provided, however, that if a telecommunications
34 carrier receives universal service support pursuant to item
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1 (d) of this Section, that telecommunications carrier shall
2 not receive universal service support pursuant to this item.
3 Recipients of any universal service support funding created
4 by this item shall be "eligible" telecommunications carriers,
5 as designated by the Commission in accordance with 47 U.S.C.
6 214(e)(2). Eligible telecommunications carriers providing
7 local exchange telecommunications service may be eligible to
8 receive support for such services, less any federal universal
9 service support received for the same or similar costs of
10 providing the supported services. If a fund is established,
11 the Commission shall require that the costs of such fund be
12 recovered from all telecommunications carriers, with the
13 exception of wireless carriers who are providers of two-way
14 cellular telecommunications service and who have not been
15 designated as eligible telecommunications carriers, on a
16 competitively neutral and non-discriminatory basis. In any
17 order creating a fund pursuant to this item, the Commission,
18 after notice and hearing, shall:
19 (1) Define the group of services to be declared
20 "supported telecommunications services" that constitute
21 "universal service". This group of services shall, at a
22 minimum, include those services as defined by the Federal
23 Communications Commission and as from time to time
24 amended. In addition, the Commission shall consider the
25 range of services currently offered by telecommunications
26 carriers offering local exchange telecommunications
27 service, the existing rate structures for the supported
28 telecommunications services, and the telecommunications
29 needs of Illinois consumers in determining the supported
30 telecommunications services. The Commission shall, from
31 time to time or upon request, review and, if appropriate,
32 revise the group of Illinois supported telecommunications
33 services and the terms of the fund to reflect changes or
34 enhancements in telecommunications needs, technologies,
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1 and available services.
2 (2) Identify all implicit subsidies contained in
3 rates or charges of incumbent local exchange carriers,
4 including all subsidies in interexchange access charges,
5 and determine how such subsidies can be made explicit by
6 the creation of the fund.
7 (3) Identify the incumbent local exchange carriers'
8 economic costs of providing the supported
9 telecommunications services.
10 (4) Establish an affordable price for the supported
11 telecommunications services for the respective incumbent
12 local exchange carrier. The affordable price shall be no
13 less than the rates in effect at the time the Commission
14 creates a fund pursuant to this item. The Commission may
15 establish and utilize indices or models for updating the
16 affordable price for supported telecommunications
17 services.
18 (5) Identify the telecommunications carriers from
19 whom the costs of the fund shall be recovered and the
20 mechanism to be used to determine and establish a
21 competitively neutral and non-discriminatory funding
22 basis. From time to time, or upon request, the
23 Commission shall consider whether, based upon changes in
24 technology or other factors, additional
25 telecommunications providers should contribute to the
26 fund. The Commission shall establish the basis upon
27 which telecommunications carriers contributing to the
28 fund shall recover contributions on a competitively
29 neutral and non-discriminatory basis. In determining
30 cost recovery for any universal support fund, the
31 Commission shall not permit recovery of such costs from
32 another certificated carrier for any service purchased
33 and used solely as an input to a service provided to such
34 certificated carriers' retail customers.
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1 (6) Approve a plan for the administration and
2 operation of the fund by a neutral third party consistent
3 with the requirements of this item.
4 No fund shall be created pursuant to this item until
5 existing implicit subsidies, including, but not limited to,
6 those subsidies contained in interexchange access charges,
7 have been identified and eliminated through revisions to
8 rates or charges. Prior to May 1, 2000, such revisions to
9 rates or charges to eliminate implicit subsidies shall occur
10 contemporaneously with any funding established pursuant to
11 this item. However, if the Commission does not establish a
12 universal service support fund by May 1, 2000, the Commission
13 shall not be prevented from entering an order or taking other
14 actions to reduce or eliminate existing subsidies as well as
15 considering the effect of such reduction or elimination on
16 local exchange carriers.
17 (f) Any telecommunications carrier providing local
18 exchange telecommunications service which offers to its local
19 exchange customers a choice of two or more local exchange
20 telecommunications service offerings shall provide, to each
21 any such customer requesting it, once a year without charge,
22 a report describing which local exchange telecommunications
23 service offering would result in the lowest bill for such
24 customer's local exchange service, based on such customer's
25 calling pattern and usage for the previous 6 months. At
26 least once a year, each such carrier shall provide a notice
27 to each of its local exchange telecommunications service
28 customers describing the availability of this report and the
29 specific procedures by which customers may receive it. Such
30 report shall only be available to current and future
31 customers who have received at least 6 months of continuous
32 local exchange service from such carrier.
33 (Source: P.A. 91-636, eff. 8-20-99.)
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1 (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
2 Sec. 13-301.1. Universal Telephone Service Assistance
3 Program.
4 (a) The Commission shall by rule or regulation establish
5 a Universal Telephone Service Assistance Program for low
6 income residential customers. The program shall provide for a
7 reduction of access line charges, a reduction of connection
8 charges, or any other alternative to increase accessibility
9 to telephone service that the Commission deems advisable
10 subject to the availability of funds for the program as
11 provided in subsection (d) (b). The Commission shall
12 establish eligibility requirements for benefits under the
13 program.
14 (b) The Commission shall adopt rules providing for
15 enhanced enrollment for eligible consumers to receive
16 lifeline service. Enhanced enrollment may include, but is
17 not limited to: joint marketing, joint application, or joint
18 processing with the Low Income Home Energy Assistance
19 Program, the Medicaid program, or the Food Stamp program.
20 The Department of Human Services, the Department of Public
21 Aid, and the Department of Commerce and Community Affairs, on
22 request of the Commission, shall assist in the adoption and
23 implementation of those rules. The Commission and the
24 Department of Human Services, the Department of Public Aid,
25 and the Department of Commerce and Community Affairs may
26 enter into memoranda of understanding establishing the
27 respective duties of the Commission and the Departments in
28 relation to enhanced enrollment.
29 (c) In this Section, "lifeline service" means a retail
30 local service offering described by 47 C.F.R. Section
31 54.401(a), as amended.
32 (d) (b) The Commission shall require by rule or
33 regulation that each telecommunications carrier providing
34 local exchange telecommunications services notify its
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1 customers that if the customer wishes to participate in the
2 funding of the Universal Telephone Service Assistance Program
3 he may do so by electing to contribute, on a monthly basis, a
4 fixed amount that will be included in the customer's monthly
5 bill. The customer may cease contributing at any time upon
6 providing notice to the telecommunications carrier providing
7 local exchange telecommunications services. The notice shall
8 state that any contribution made will not reduce the
9 customer's bill for telecommunications services. Failure to
10 remit the amount of increased payment will reduce the
11 contribution accordingly. The Commission shall specify the
12 monthly fixed amount or amounts that customers wishing to
13 contribute to the funding of the Universal Telephone Service
14 Assistance Program may choose from in making their
15 contributions. Every telecommunications carrier providing
16 local exchange telecommunications services shall remit the
17 amounts contributed in accordance with the terms of the
18 Universal Telephone Service Assistance Program.
19 (Source: P.A. 87-750; 90-372, eff. 7-1-98.)
20 (220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302)
21 (Section scheduled to be repealed on July 1, 2001)
22 Sec. 13-302. Local measured service calling plans.
23 (a) No telecommunications carrier shall implement a
24 local measured service calling plan which does not include
25 all one of the following elements:
26 (1) the residential customer has the option of a
27 flat rate local calling service under which local calls
28 are not charged for frequency or duration; or
29 (2) residential local calls to points within an
30 untimed calling zone approved by the Commission are not
31 charged for duration; and or
32 (3) a low income residential Universal Service
33 Assistance Program, which meets criteria set forth by the
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1 Commission, is available.
2 (b) In formulating the criteria for the low income
3 residential Universal Service Assistance Program referred to
4 in paragraph (3) of subsection (a), the Commission shall
5 consider the desirability of various alternatives, including
6 a reduction of the access line charge or connection charge
7 for eligible customers.
8 (c) In this Section, "local calls" means calls within a
9 local calling zone approved by the Commission. For a given
10 exchange, except where impracticable, the local calling zone
11 must include, at a minimum, the telecommunications exchanges
12 in which community services, including medical facilities,
13 local government offices, elementary and secondary schools,
14 and a primary commercial center are located. The local
15 calling zone may not exhibit any discontinuities in coverage
16 and may not exclude any intervening exchanges. This Section
17 does not prohibit telecommunications carriers from offering
18 untimed service to larger geographic areas. The portion of a
19 telecommunications service consisting of residential untimed
20 calls or residential flat rate calls within the local calling
21 zone shall be excluded from any imputation test. For local
22 measured service plans implemented prior to the effective
23 date of this amendatory Act of 1987 which do not contain one
24 of the elements specified in paragraph (1) or (2) of
25 subsection (a) of this Section, the Commission shall order
26 the telecommunications carrier having such a plan to include
27 one of the elements specified in paragraph (1) or (2) of
28 subsection (a) of this Section by January 1, 1989.
29 (d) A telecommunications carrier providing local
30 exchange telecommunications service to residential customers
31 in a manner that does not meet the requirements of this
32 Section shall, within 10 months after the effective date of
33 this amendatory Act of the 92nd General Assembly, file price
34 lists or tariff revisions necessary for the provision of
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1 basic residential service that complies with the requirements
2 of this Section. If additional facilities are required to
3 implement basic residential service that complies with the
4 requirements of this Section, the filings may provide for a
5 reasonable delay in implementing the service.
6 (e) In this Section, "medical facility" means, at a
7 minimum, a medical doctor's office and "primary commercial
8 center" means a geographic area that contains, at a minimum,
9 a grocery store, a pharmacy, and a department store.
10 (Source: P.A. 85-1286.)
11 (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
12 (Section scheduled to be repealed on July 1, 2001)
13 Sec. 13-502. Classification of services.
14 (a) All telecommunications services offered or provided
15 under tariff by telecommunications carriers shall be
16 classified as either competitive or noncompetitive. A
17 telecommunications carrier may offer or provide either
18 competitive or noncompetitive telecommunications services, or
19 both, subject to proper certification and other applicable
20 provisions of this Article. Any tariff filed with the
21 Commission as required by Section 13-501 shall indicate
22 whether the service to be offered or provided is competitive
23 or noncompetitive, as determined by the provisions of this
24 Section.
25 (b) A telecommunications service that was classified as
26 competitive as of the effective date of this amendatory Act
27 of the 92nd General Assembly shall remain classified as
28 competitive unless reclassified pursuant to subsection (d) of
29 this Section.
30 (c) A telecommunications service that was classified as
31 noncompetitive as of the effective date of this amendatory
32 Act of the 92nd General Assembly shall remain classified as
33 noncompetitive unless reclassified pursuant to subsection (f)
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1 of this Section.
2 (d) A telecommunications carrier may, by petition,
3 request the Commission to reclassify a noncompetitive service
4 provided by the carrier as a competitive service. The
5 Commission shall reclassify the service as a competitive
6 service (b) A service shall be classified as competitive
7 only if, and only to the extent that, for some identifiable
8 class or group of customers in an exchange, group of
9 exchanges, or some other clearly defined geographical area
10 if, after notice and hearing, the Commission determines that:
11 (1) there is effective competition for the service
12 in the relevant market; and
13 (2) the carrier does not have market power
14 sufficient to control, in a manner that is adverse to the
15 public interest, the price of the service in the
16 geographic area.
17 (e) In determining whether the conditions in subsection
18 (d) of this Section exist, the factors the Commission shall
19 consider include, but are not limited to:
20 (1) the number and size of telecommunications
21 carriers or other persons who provide the same,
22 equivalent, or substitutable service in the relevant
23 market;
24 (2) the extent to which the same, equivalent, or
25 substitutable service is available in the relevant
26 market;
27 (3) the ability of customers in the relevant market
28 to obtain the same, equivalent, or substitutable service
29 at comparable rates, terms, and conditions;
30 (4) the ability of a telecommunications carrier or
31 other person to make the same, equivalent, or
32 substitutable service readily available in the relevant
33 market at comparable rates, terms, and conditions; and
34 (5) other indicators of market power, which may
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1 include market share, growth in market share, ease of
2 entry, and the affiliation of providers of service.
3 (f) The Commission, on its own motion or by petition,
4 may reclassify a competitive service as a noncompetitive
5 service if it finds that the conditions contained in
6 subsection (d) no longer apply. The burden of proving that a
7 service is competitive shall rest with the telecommunications
8 carrier.
9 (g) When filing a tariff for a service that was not
10 offered or provided as of the effective date of this
11 amendatory Act of the 92nd General Assembly, the
12 telecommunications carrier shall classify the service as
13 competitive if it meets the conditions contained in
14 subsection (d). such service, or its functional equivalent,
15 or a substitute service, is reasonably available from more
16 than one provider, whether or not any such provider is a
17 telecommunications carrier subject to regulation under this
18 Act. All telecommunications services not properly classified
19 as competitive shall be classified as noncompetitive. The
20 Commission shall have the power to investigate the propriety
21 of any classification of a telecommunications service on its
22 own motion and shall investigate upon complaint. In any
23 hearing or investigation, the burden of proof as to the
24 proper classification of any service shall rest upon the
25 telecommunications carrier providing the service. After
26 notice and hearing, the Commission shall order the proper
27 classification of any service in whole or in part. The
28 Commission shall make its determination and issue its final
29 order no later than 180 days from the date such hearing or
30 investigation is initiated. If the Commission enters into a
31 hearing upon complaint and if the Commission fails to issue
32 an order within that period, the complaint shall be deemed
33 granted unless the Commission, the complainant, and the
34 telecommunications carrier providing the service agree to
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1 extend the time period.
2 (c) No tariff classifying a new telecommunications
3 service as competitive or reclassifying a previously
4 noncompetitive telecommunications service as competitive,
5 which is filed by a telecommunications carrier which also
6 offers or provides noncompetitive telecommunications service,
7 shall be effective unless and until such telecommunications
8 carrier offering or providing, or seeking to offer or
9 provide, such proposed competitive service prepares and files
10 a study of the long-run service incremental cost underlying
11 such service and demonstrates that the tariffed rates and
12 charges for the service and any relevant group of services
13 that includes the proposed competitive service and for which
14 resources are used in common solely by that group of services
15 are not less than the long-run service incremental cost of
16 providing the service and each relevant group of services.
17 Such study shall be given proprietary treatment by the
18 Commission at the request of such carrier if any other
19 provider of the competitive service, its functional
20 equivalent, or a substitute service in the geographical area
21 described by the proposed tariff has not filed, or has not
22 been required to file, such a study.
23 (d) In the event any telecommunications service has been
24 classified and filed as competitive by the telecommunications
25 carrier, and has been offered or provided on such basis, and
26 the Commission subsequently determines after investigation
27 that such classification improperly included services which
28 were in fact noncompetitive, the Commission shall have the
29 power to determine and order refunds to customers for any
30 overcharges which may have resulted from the improper
31 classification, or to order such other remedies provided to
32 it under this Act, or to seek an appropriate remedy or relief
33 in a court of competent jurisdiction.
34 (e) If no hearing or investigation regarding the
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1 propriety of a competitive classification of a
2 telecommunications service is initiated within 180 days after
3 a telecommunications carrier files a tariff listing such
4 telecommunications service as competitive, no refunds to
5 customers for any overcharges which may result from an
6 improper classification shall be ordered for the period from
7 the time the telecommunications carrier filed such tariff
8 listing the service as competitive up to the time an
9 investigation of the service classification is initiated by
10 the Commission's own motion or the filing of a complaint.
11 Where a hearing or an investigation regarding the propriety
12 of a telecommunications service classification as competitive
13 is initiated after 180 days from the filing of the tariff,
14 the period subject to refund for improper classification
15 shall begin on the date such investigation or hearing is
16 initiated by the filing of a Commission motion or a
17 complaint.
18 (Source: P.A. 90-185, eff. 7-23-97.)
19 (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
20 (Section scheduled to be repealed on July 1, 2001)
21 Sec. 13-504. Application of ratemaking provisions of
22 Article IX.
23 (a) Except where the context clearly renders such
24 provisions inapplicable, the ratemaking provisions of Article
25 IX of this Act relating to public utilities are fully and
26 equally applicable to the rates, charges, tariffs and
27 classifications for the offer or provision of noncompetitive
28 telecommunications services. However, the ratemaking
29 provisions do not apply to any proposed change in rates or
30 charges, any proposed change in any classification or tariff
31 resulting in a change in rates or charges, or the
32 establishment of new services and rates therefor for a
33 noncompetitive local exchange telecommunications service
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1 offered or provided by a local exchange telecommunications
2 carrier with no more than 35,000 subscriber access lines.
3 Proposed changes in rates, charges, classifications, or
4 tariffs meeting these criteria shall be permitted upon the
5 filing of the proposed tariff and 30 days notice to the
6 Commission and all potentially affected customers. The
7 notice to customers must be conspicuously displayed on the
8 customer's monthly bill and must include a statement
9 regarding the availability of the process by which 10% of the
10 potentially affected customers may file a complaint. The
11 proposed changes shall not be subject to suspension. The
12 Commission may, upon its own motion, suspend and investigate
13 whether any proposed change is just and reasonable, and shall
14 investigate whether any proposed change is just and
15 reasonable only if a telecommunications carrier that is a
16 customer of the local exchange telecommunications carrier or
17 10% of the potentially affected access line subscribers of
18 the local exchange telecommunications carrier shall file a
19 petition or complaint requesting an investigation of the
20 proposed changes. When the telecommunications carrier or 10%
21 of the potentially affected access line subscribers of a
22 local exchange telecommunications carrier file a complaint or
23 when the Commission suspends and investigates a proposed
24 change on its own motion, the Commission shall, after notice
25 and hearing, have the power and duty to establish the rates,
26 charges, classifications, or tariffs it finds to be just and
27 reasonable.
28 (b) Subsection (c) of Section 13-502 and Sections
29 13-505.1, 13-505.4, 13-505.6, and 13-507 of this Article do
30 not apply to rates or charges or proposed changes in rates or
31 charges for applicable competitive or interexchange services
32 when offered or provided by a local exchange
33 telecommunications carrier with no more than 35,000
34 subscriber access lines. In addition, Sections 13-514,
-21- LRB9202400JSpcam
1 13-515, and 13-516 do not apply to telecommunications
2 carriers with no more than 35,000 subscriber access lines.
3 The Commission may require telecommunications carriers with
4 no more than 35,000 subscriber access lines to furnish
5 information that the Commission deems necessary for a
6 determination that rates and charges for any competitive
7 telecommunications service are just and reasonable.
8 (c) For a local exchange telecommunications carrier with
9 no more than 35,000 access lines, the Commission shall
10 consider and adjust, as appropriate, a local exchange
11 telecommunications carrier's depreciation rates only in
12 ratemaking proceedings.
13 (d) Article VI and Sections 7-101 and 7-102 of Article
14 VII of this Act pertaining to public utilities, public
15 utility rates and services, and the regulation thereof are
16 not applicable to local exchange telecommunication carriers
17 with no more than 35,000 subscriber access lines.
18 (Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.)
19 (220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
20 (Section scheduled to be repealed on July 1, 2001)
21 Sec. 13-505. Rate changes; competitive services.
22 (a) Any proposed increase or decrease in rates or
23 charges, or proposed change in any classification or tariff
24 resulting in an increase or decrease in rates or charges, for
25 a competitive telecommunications service shall be filed with
26 the Commission permitted upon the filing of the proposed
27 rate, charge, classification, or tariff.
28 (b) Except as provided in subsection (c), prior notice
29 of an increase shall be given to all potentially affected
30 customers by mail to each affected customer, and the increase
31 shall be effective no sooner than 30 days after the notice
32 has been mailed to each affected customer publication in a
33 newspaper of general circulation, or equivalent means of
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1 notice. If the notice of the increase is included in the
2 customer's regular billing statement, the notice shall be set
3 forth conspicuously on the same page as the total amount due.
4 (c) A proposed decrease in rates or charges, or proposed
5 change in any classification or tariff resulting in a
6 decrease in rates or charges, for a competitive
7 telecommunications service shall be effective upon the filing
8 of the proposed rate, charge, classification, or tariff.
9 Prior notice of an increase under this Section shall be given
10 to all potentially affected customers by mail, publication in
11 a newspaper of mass circulation, or equivalent means.
12 (d) Subsection (c) shall also apply to a proposed
13 increase in rates or charges, or proposed change in any
14 classification or tariff resulting in an increase in rates or
15 charges, for a competitive telecommunications service
16 provided solely through the use of payphones or for a
17 competitive telecommunications service that the customer
18 activates and pays for on a per use basis.
19 (e) (b) If a hearing is held pursuant to Section 9-250
20 regarding the reasonableness of an increase in the rates or
21 charges of a competitive local exchange service, then the
22 telecommunications carrier providing the service shall have
23 the burden of proof to establish the justness and
24 reasonableness of the proposed rate or charge.
25 (Source: P.A. 90-185, eff. 7-23-97.)
26 (220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)
27 (Section scheduled to be repealed on July 1, 2001)
28 Sec. 13-505.2. Nondiscrimination in the provision of
29 noncompetitive services.
30 (a) A telecommunications carrier that offers both
31 noncompetitive and competitive services shall offer the
32 noncompetitive services under the same rates, terms, and
33 conditions without unreasonable discrimination to all
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1 persons, including all telecommunications carriers and
2 competitors. A telecommunications carrier that offers a
3 noncompetitive service together with any optional feature or
4 functionality shall offer the noncompetitive service together
5 with each optional feature or functionality under the same
6 rates, terms, and conditions without unreasonable
7 discrimination to all persons, including all
8 telecommunications carriers and competitors.
9 (b) A telecommunications carrier may not:
10 (1) deny service to a customer or group of
11 customers nor establish any differences as to prices,
12 terms, conditions, services, products, facilities, or in
13 any other respect, whereby the denial or differences are
14 based upon race, color, sex, nationality, religion,
15 marital status, income level or source of income; or
16 (2) deny service to a customer or group of
17 customers based on locality nor establish any
18 unreasonable difference as to prices, terms, conditions,
19 services, products, or facilities as between localities.
20 (c) Nothing in this Section shall be construed to
21 require a carrier to offer service in a locality where it
22 does not have the technical capacity to offer service or
23 where it is not authorized to offer service.
24 (Source: P.A. 87-856.)
25 (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
26 (Section scheduled to be repealed on July 1, 2001)
27 Sec. 13-506.1. Alternative forms of regulation for
28 noncompetitive services.
29 (a) Notwithstanding any of the ratemaking provisions of
30 this Article or Article IX that are deemed to require rate of
31 return regulation, the Commission may implement alternative
32 forms of regulation in order to establish just and reasonable
33 rates for noncompetitive telecommunications services pursuant
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1 to Section 9-244 of the Act. The Commission may not approve
2 an alternative form of regulation for a telecommunications
3 carrier that is in violation of this Act, of any Commission
4 orders or rules, or of any applicable Commission standards
5 for service quality, unless the alternative form of
6 regulation is specifically designed to remedy the violation.
7 including, but not limited to, price regulation, earnings
8 sharing, rate moratoria, or a network modernization plan.
9 The Commission is authorized to adopt different forms of
10 regulation to fit the particular characteristics of different
11 telecommunications carriers and their service areas.
12 In addition to the public policy goals declared in
13 Section 13-103, the Commission shall consider, in determining
14 the appropriateness of any alternative form of regulation,
15 whether it will:
16 (1) reduce regulatory delay and costs over time;
17 (2) encourage innovation in services;
18 (3) promote efficiency;
19 (4) facilitate the broad dissemination of technical
20 improvements to all classes of ratepayers;
21 (5) enhance economic development of the State; and
22 (6) provide for fair, just, and reasonable rates.
23 (b) A telecommunications carrier providing
24 noncompetitive telecommunications services may petition the
25 Commission to regulate the rates or charges of its
26 noncompetitive services under an alternative form of
27 regulation. The telecommunications carrier shall submit with
28 its petition its plan for an alternative form of regulation.
29 The Commission shall review and may modify or reject the
30 carrier's proposed plan. The Commission also may initiate
31 consideration of alternative forms of regulation for a
32 telecommunications carrier on its own motion. The Commission
33 may approve the plan or modified plan and authorize its
34 implementation only if it finds, after notice and hearing,
-25- LRB9202400JSpcam
1 that the plan or modified plan at a minimum:
2 (1) is in the public interest;
3 (2) will produce fair, just, and reasonable rates
4 for telecommunications services;
5 (3) responds to changes in technology and the
6 structure of the telecommunications industry that are, in
7 fact, occurring;
8 (4) constitutes a more appropriate form of
9 regulation based on the Commission's overall
10 consideration of the policy goals set forth in Section
11 13-103 and this Section;
12 (5) specifically identifies how ratepayers will
13 benefit from any efficiency gains, cost savings arising
14 out of the regulatory change, and improvements in
15 productivity due to technological change;
16 (6) will maintain the quality and availability of
17 telecommunications services; and
18 (7) will not unduly or unreasonably prejudice or
19 disadvantage any particular customer class, including
20 telecommunications carriers.
21 (b) (c) An alternative regulation plan approved for a
22 telecommunications carrier under this Section shall provide,
23 as a condition for Commission approval of the plan, that for
24 the first 3 years the plan is in effect, basic residence
25 service rates shall be no higher than those rates in effect
26 180 days before the filing of the plan. This provision shall
27 not be used as a justification or rationale for an increase
28 in basic service rates for any other customer class. For
29 purposes of this Section, "basic residence service rates"
30 shall mean monthly recurring charges for the
31 telecommunications carrier's lowest priced primary residence
32 network access lines, along with any associated untimed or
33 flat rate local usage charges. Nothing in this subsection
34 (b) (c) shall preclude the Commission from approving an
-26- LRB9202400JSpcam
1 alternative regulation plan that results in rate reductions
2 provided all the requirements of Section 9-244 subsection (b)
3 are satisfied by the plan.
4 (c) (d) Any alternative form of regulation granted for a
5 multi-year period for a telecommunications carrier under this
6 Section shall provide for annual or more frequent reporting
7 to the Commission to document that the requirements of the
8 plan are being properly implemented.
9 (d) (e) Upon petition by the telecommunications carrier
10 or any other person or upon its own motion, the Commission
11 may rescind its approval of an alternative form of regulation
12 if, after notice and hearing, it finds that the conditions
13 set forth in subsection (b) of this Section 9-244 can no
14 longer be satisfied or that the telecommunications carrier is
15 in violation of this Act, of any Commission orders or rules,
16 or of any applicable Commission standards for service
17 quality. In determining whether to terminate the alternative
18 regulation plan, the Commission shall consider the severity
19 of the violation, the intent of the telecommunications
20 carrier, and the relationship of the violation to the
21 alternative regulation plan. Any person may file a complaint
22 alleging that the rates charged by a telecommunications
23 carrier under an alternative form of regulation are unfair,
24 unjust, unreasonable, unduly discriminatory, or are otherwise
25 not consistent with the requirements of this Article;
26 provided, that the complainant shall bear the burden of
27 proving the allegations in the complaint.
28 (e) (f) Nothing in this Section shall be construed to
29 authorize the Commission to render Sections 9-241, 9-250, and
30 13-505.2 inapplicable to noncompetitive services.
31 (Source: P.A. 87-856.)
32 (220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)
33 (Section scheduled to be repealed on July 1, 2001)
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1 Sec. 13-507. In any proceeding permitting, approving,
2 investigating, or establishing rates, charges,
3 classifications, or tariffs for telecommunications services
4 offered or provided by a telecommunications carrier that
5 offers or provides both noncompetitive and competitive
6 services, the Commission shall not allow any subsidy of
7 competitive services or nonregulated activities by
8 noncompetitive services. In the event that facilities are
9 utilized or expenses are incurred for the provision of both
10 competitive and noncompetitive services, the Commission shall
11 apportion the facilities and expenses between noncompetitive
12 services in the aggregate and competitive services in the
13 aggregate and shall allow or establish rates or charges for
14 the noncompetitive services which reflect only that portion
15 of the facilities or expenses that it finds to be properly
16 and reasonably apportioned to noncompetitive services. The
17 costs of the loop and port facilities shall be allocated
18 between the basic exchange services and non-basic exchange
19 services in proportion to the stand-alone cost of the loop
20 and port for basic exchange service and the stand alone cost
21 of the loop and port for the group of non-basic exchange
22 services that use the loop and port facilities. An
23 apportionment of facilities or expenses between competitive
24 and noncompetitive services, together with any corresponding
25 rate changes, shall be made in general rate proceedings and
26 in other proceedings, including service classification
27 proceedings, that are necessary to ensure against any subsidy
28 of competitive services by noncompetitive services. The
29 Commission shall have the power to take or require such
30 action as is necessary to ensure that rates or charges for
31 noncompetitive services reflect only the value of facilities,
32 or portion thereof, used and useful, and the expenses or
33 portion thereof reasonably and prudently incurred, for the
34 provision of the noncompetitive services. The Commission may,
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1 in such event, also establish, by rule, any additional
2 procedures, rules, regulations, or mechanisms necessary to
3 identify and properly account for the value or amount of such
4 facilities or expenses.
5 The Commission may establish, by rule, appropriate
6 methods for ensuring against cross-subsidization between
7 competitive services and noncompetitive services as required
8 under this Article, including appropriate methods for
9 calculating the long-run service incremental costs of
10 providing any telecommunications service and, when
11 appropriate, group of services and methods for apportioning
12 between noncompetitive services in the aggregate and
13 competitive services in the aggregate the value of facilities
14 utilized and expenses incurred to provide both competitive
15 and noncompetitive services, for example, common overheads
16 that are not accounted for in the long-run service
17 incremental costs of individual services or groups of
18 services. The Commission may order any telecommunications
19 carrier to conduct a long-run service incremental cost study
20 and to provide the results thereof to the Commission. Any
21 cost study provided to the Commission pursuant to the
22 provisions of this Section may, in the Commission's
23 discretion, be accorded proprietary treatment. In addition
24 to the requirements of subsection (c) of Section 13-502 and
25 of Section 13-505.1 applicable to the rates and charges for
26 individual competitive services, the aggregate gross revenues
27 of all competitive services shall be equal to or greater than
28 the sum of the long-run service incremental costs for all
29 competitive services as a group and the value of other
30 facilities and expenses apportioned to competitive services
31 as a group under this Section.
32 (Source: P.A. 87-856.)
33 (220 ILCS 5/13-514)
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1 (Section scheduled to be repealed on July 1, 2001)
2 Sec. 13-514. Prohibited Actions of Telecommunications
3 Carriers. A telecommunications carrier shall not knowingly
4 impede the development of competition in any
5 telecommunications service market. The following prohibited
6 actions are considered per se impediments to the development
7 of competition; however, the Commission is not limited in any
8 manner to these enumerated impediments and may consider other
9 actions which impede competition to be prohibited:
10 (1) unreasonably refusing or delaying interconnections
11 or providing inferior connections to another
12 telecommunications carrier;
13 (2) unreasonably impairing the speed, quality, or
14 efficiency of services used by another telecommunications
15 carrier;
16 (3) unreasonably denying a request of another provider
17 for information regarding the technical design and features,
18 geographic coverage, information necessary for the design of
19 equipment, and traffic capabilities of the local exchange
20 network except for proprietary information unless such
21 information is subject to a proprietary agreement or
22 protective order;
23 (4) unreasonably delaying access in connecting another
24 telecommunications carrier to the local exchange network
25 whose product or service requires novel or specialized access
26 requirements;
27 (5) unreasonably refusing or delaying access by any
28 person to another telecommunications carrier;
29 (6) unreasonably acting or failing to act in a manner
30 that has a substantial adverse effect on the ability of
31 another telecommunications carrier to provide service to its
32 customers;
33 (7) unreasonably failing to offer services to customers
34 in a local exchange, where a telecommunications carrier is
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1 certificated to provide service and has entered into an
2 interconnection agreement for the provision of local exchange
3 telecommunications services, with the intent to delay or
4 impede the ability of the incumbent local exchange
5 telecommunications carrier to provide inter-LATA
6 telecommunications services; and
7 (8) violating the terms of or unreasonably delaying
8 implementation of an interconnection agreement entered into
9 pursuant to Section 252 of the federal Telecommunications Act
10 of 1996 in a manner that unreasonably delays or impedes the
11 availability of telecommunications services to consumers; and
12 (9) violating Section 13-715 of this Act.
13 (Source: P.A. 90-185, eff. 7-23-97.)
14 (220 ILCS 5/13-515)
15 (Section scheduled to be repealed on July 1, 2001)
16 Sec. 13-515. Enforcement.
17 (a) The following expedited procedures shall be used to
18 enforce the provisions of Section 13-514 of this Act except
19 as provided in subsection (b). However, the Commission, the
20 complainant, and the respondent may mutually agree to adjust
21 the procedures established in this Section. If the
22 Commission determines, pursuant to subsection (b), that the
23 procedural provisions of this Section do not apply, the
24 complaint shall continue pursuant to the general complaint
25 provisions of Article X.
26 (b) The provisions of this Section shall not apply to an
27 allegation of a violation of item (8) of Section 13-514 by a
28 Bell operating company, as defined in Section 3 of the
29 federal Telecommunications Act of 1996, unless and until such
30 company or its affiliate is authorized to provide inter-LATA
31 services under Section 271(d) of the federal
32 Telecommunications Act of 1996; provided, however, that a
33 complaint setting forth a separate independent basis for a
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1 violation of Section 13-514 may proceed under this Section
2 notwithstanding that the alleged acts or omissions may also
3 constitute a violation of item (8) of Section 13-514.
4 (c) No complaint may be filed under this Section until
5 the complainant has first notified the respondent of the
6 alleged violation and offered the respondent 48 hours to
7 correct the situation. Provision of notice and the
8 opportunity to correct the situation creates a rebuttable
9 presumption of knowledge under Section 13-514.
10 (d) Any party A telecommunications carrier may file a
11 complaint with the Commission alleging a violation of Section
12 13-514 in accordance with this subsection:
13 (1) The complaint shall be filed with the Chief
14 Clerk of the Commission and shall be served in hand upon
15 the respondent, the executive director, and the general
16 counsel of the Commission at the time of the filing.
17 (2) A complaint filed under this subsection shall
18 include a statement that the requirements of subsection
19 (c) have been fulfilled and that the respondent did not
20 correct the situation as requested.
21 (3) Reasonable discovery specific to the issue of
22 the complaint may commence upon filing of the complaint.
23 Requests for discovery must be served in hand and
24 responses to discovery must be provided in hand to the
25 requester within 14 days after a request for discovery is
26 made.
27 (4) An answer and any other responsive pleading to
28 the complaint shall be filed with the Commission and
29 served in hand at the same time upon the complainant, the
30 executive director, and the general counsel of the
31 Commission within 7 days after the date on which the
32 complaint is filed.
33 (5) If the answer or responsive pleading raises the
34 issue that the complaint violates subsection (i) of this
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1 Section, the complainant may file a reply to such
2 allegation within 3 days after actual service of such
3 answer or responsive pleading. Within 4 days after the
4 time for filing a reply has expired, the hearing officer
5 or arbitrator shall either issue a written decision
6 dismissing the complaint as frivolous in violation of
7 subsection (i) of this Section including the reasons for
8 such disposition or shall issue an order directing that
9 the complaint shall proceed.
10 (6) A pre-hearing conference shall be held within
11 14 days after the date on which the complaint is filed.
12 (7) The hearing shall commence within 30 days of
13 the date on which the complaint is filed. The hearing
14 may be conducted by a hearing examiner or by an
15 arbitrator. Parties and the Commission staff shall be
16 entitled to present evidence and legal argument in oral
17 or written form as deemed appropriate by the hearing
18 examiner or arbitrator. The hearing examiner or
19 arbitrator shall issue a written decision within 60 days
20 after the date on which the complaint is filed. The
21 decision shall include reasons for the disposition of the
22 complaint and, if a violation of Section 13-514 is found,
23 directions and a deadline for correction of the
24 violation.
25 (8) Any party may file a petition requesting the
26 Commission to review the decision of the hearing examiner
27 or arbitrator within 5 days of such decision. Any party
28 may file a response to a petition for review within 3
29 business days after actual service of the petition.
30 After the time for filing of the petition for review, but
31 no later than 15 days after the decision of the hearing
32 examiner or arbitrator, the Commission shall decide to
33 adopt the decision of the hearing examiner or arbitrator
34 or shall issue its own final order.
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1 (e) If the alleged violation has a substantial adverse
2 effect on the ability of the complainant to provide service
3 to customers, the complainant may include in its complaint a
4 request for an order for emergency relief. The Commission,
5 acting through its designated hearing examiner or arbitrator,
6 shall act upon such a request within 2 business days of the
7 filing of the complaint. An order for emergency relief may
8 be granted, without an evidentiary hearing, upon a verified
9 factual showing that the party seeking relief will likely
10 succeed on the merits, that the party will suffer irreparable
11 harm in its ability to serve customers if emergency relief is
12 not granted, and that the order is in the public interest.
13 An order for emergency relief shall include a finding that
14 the requirements of this subsection have been fulfilled and
15 shall specify the directives that must be fulfilled by the
16 respondent and deadlines for meeting those directives. The
17 decision of the hearing examiner or arbitrator to grant or
18 deny emergency relief shall be considered an order of the
19 Commission unless the Commission enters its own order within
20 2 calendar days of the decision of the hearing examiner or
21 arbitrator. The order for emergency relief may require the
22 responding party to act or refrain from acting so as to
23 protect the provision of competitive service offerings to
24 customers. Any action required by an emergency relief order
25 must be technically feasible and economically reasonable and
26 the respondent must be given a reasonable period of time to
27 comply with the order.
28 (f) The Commission is authorized to obtain outside
29 resources including, but not limited to, arbitrators and
30 consultants for the purposes of the hearings authorized by
31 this Section. Any arbitrator or consultant obtained by the
32 Commission shall be approved by both parties to the hearing.
33 The cost of such outside resources including, but not limited
34 to, arbitrators and consultants shall be borne by the
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1 parties. The Commission shall review the bill for
2 reasonableness and assess the parties for reasonable costs
3 dividing the costs according to the resolution of the
4 complaint brought under this Section. Such costs shall be
5 paid by the parties directly to the arbitrators, consultants,
6 and other providers of outside resources within 60 days after
7 receiving notice of the assessments from the Commission.
8 Interest at the statutory rate shall accrue after expiration
9 of the 60-day period. The Commission, arbitrators,
10 consultants, or other providers of outside resources may
11 apply to a court of competent jurisdiction for an order
12 requiring payment.
13 (g) The Commission shall assess the parties under this
14 subsection for all of the Commission's costs of investigation
15 and conduct of the proceedings brought under this Section
16 including, but not limited to, the prorated salaries of
17 staff, attorneys, hearing examiners, and support personnel
18 and including any travel and per diem, directly attributable
19 to the complaint brought pursuant to this Section, but
20 excluding those costs provided for in subsection (f),
21 dividing the costs according to the resolution of the
22 complaint brought under this Section. All assessments made
23 under this subsection shall be paid into the Public Utility
24 Fund within 60 days after receiving notice of the assessments
25 from the Commission. Interest at the statutory rate shall
26 accrue after the expiration of the 60 day period. The
27 Commission is authorized to apply to a court of competent
28 jurisdiction for an order requiring payment.
29 (h) If the Commission determines that there is an
30 imminent threat to competition or to the public interest, the
31 Commission may, notwithstanding any other provision of this
32 Act, seek temporary, preliminary, or permanent injunctive
33 relief from a court of competent jurisdiction either prior to
34 or after the hearing.
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1 (i) A party shall not bring or defend a proceeding
2 brought under this Section or assert or controvert an issue
3 in a proceeding brought under this Section, unless there is a
4 non-frivolous basis for doing so. By presenting a pleading,
5 written motion, or other paper in complaint or defense of the
6 actions or inaction of a party under this Section, a party is
7 certifying to the Commission that to the best of that party's
8 knowledge, information, and belief, formed after a reasonable
9 inquiry of the subject matter of the complaint or defense,
10 that the complaint or defense is well grounded in law and
11 fact, and under the circumstances:
12 (1) it is not being presented to harass the other
13 party, cause unnecessary delay in the provision of
14 competitive telecommunications services to consumers, or
15 create needless increases in the cost of litigation; and
16 (2) the allegations and other factual contentions
17 have evidentiary support or, if specifically so
18 identified, are likely to have evidentiary support after
19 reasonable opportunity for further investigation or
20 discovery as defined herein.
21 (j) If, after notice and a reasonable opportunity to
22 respond, the Commission determines that subsection (i) has
23 been violated, the Commission shall impose appropriate
24 sanctions upon the party or parties that have violated
25 subsection (i) or are responsible for the violation. The
26 sanctions shall be not more than $7,500, plus the amount of
27 expenses accrued by the Commission for conducting the
28 hearing. Payment of sanctions imposed under this subsection
29 shall be made to the Common School Fund within 30 days of
30 imposition of such sanctions.
31 (k) An appeal of a Commission Order made pursuant to
32 this Section shall not effectuate a stay of the Order unless
33 a court of competent jurisdiction specifically finds that the
34 party seeking the stay will likely succeed on the merits,
-36- LRB9202400JSpcam
1 that the party will suffer irreparable harm without the stay,
2 and that the stay is in the public interest.
3 (Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)
4 (220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
5 (Section scheduled to be repealed on July 1, 2001.)
6 Sec. 13-704. Telecommunications services billing.
7 (a) Customer bills for local and interexchange services
8 shall be rendered at regular intervals and provide the
9 following:
10 (1) the customer's name, address (or billing
11 address, if different), telephone number, or account
12 number;
13 (2) a toll-free telephone number to contact the
14 carrier concerning the bill;
15 (3) the beginning and ending dates of the billing
16 period;
17 (4) the current month's billing;
18 (5) any unpaid amounts from previous bills;
19 (6) any late payment charge;
20 (7) any nonrecurring, fractional, or nonbasic
21 service charges;
22 (8) any charges for nonregulated services or
23 products and a statement that nonpayment of those charges
24 may result in the disconnection or restriction of those
25 services and that those delinquencies may be subject to
26 collection actions;
27 (9) any applicable taxes;
28 (10) any credits and charges applied to the account
29 during the current billing period;
30 (11) the total amount due and payable;
31 (12) a statement as to how and where the bill may
32 be paid;
33 (13) an explanation of codes and abbreviations
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1 used; and
2 (14) a statement that, for unresolved inquiries,
3 the customer may wish to call the Illinois Commerce
4 Commission, and that notes the availability of the
5 Complaint Arbitration Process established by Section
6 13-714 of this Act. This statement shall include the
7 current toll-free telephone numbers of the Commission and
8 TDD/TTY number.
9 (b) A listing of current charges on a customer's bill
10 for local service must include an itemization of all charges,
11 the type of service, and call characteristics. Based on the
12 customer's type of service, one of the following shall be
13 provided:
14 (1) A monthly rate for local flat-rate service.
15 (2) A base rate, plus the charges rated by
16 time-of-day and distance, associated with local calls
17 completed under local measured service. Upon a customer's
18 request, the following information shall be provided for
19 each call free of charge once every 6 months, and for any
20 additional months the itemization shall be provided in
21 accordance with the carrier's tariffed charges on file at
22 the Commission:
23 (A) the date and time of placement;
24 (B) the telephone number called;
25 (C) the distance;
26 (D) the duration;
27 (E) the rate applied; and
28 (F) the total charge per call.
29 (3) A base rate, the number of additional local
30 message calls completed over and above the calls included
31 in the base rate, and the charges for those calls.
32 (c) A listing of current charges on a customer's bill
33 must include all interexchange services or toll calls that
34 are either provided by the carrier or for which the carrier
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1 acts as the billing and collections agent.
2 (d) The detail on the interexchange portion of a
3 customer's bill must include:
4 (1) the date and time of placement;
5 (2) the destination, including city and state;
6 (3) the telephone number called, including area
7 code;
8 (4) the rate applied;
9 (5) the duration; and
10 (6) the total charge.
11 (e) Immediately following the section of the bill that
12 includes interexchange charges shall be a statement that
13 nonpayment of those charges may result in the disconnection
14 of interexchange service and may be subject to collection
15 actions.
16 (f) The carrier shall retain the detailed customer
17 billing information required to appear on the customer's bill
18 for at least 18 months.
19 (g) The date after which the bill will be considered
20 past due shall be clearly stated.
21 (h) Itemized listings of the basic, and of the optional
22 services subscribed to, monthly rate of each service, and the
23 amount of any security deposit being held by the company
24 shall be included with each new customer's first bill, and
25 annually for all residential and single access line service
26 customers. Multiline nonresidential customers may also
27 request this information on an annual basis, and it shall be
28 provided free of charge. Each page of a billing statement
29 which sets forth charges assessed against a customer by a
30 telecommunications carrier for telecommunications service
31 shall reflect the telephone number or customer account
32 number to which the charges are being billed. The billing
33 statement shall also contain a separate bill identifying
34 the amount charged as an infrastructure maintenance fee. Each
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1 page of a billing statement which sets forth charges assessed
2 against a customer by a telecommunications carrier for
3 telecommunications service shall reflect the telephone number
4 or customer account number to which the charges are being
5 billed. The billing statement shall also contain a separate
6 bill identifying the amount charged as an infrastructure
7 maintenance fee.
8 (Source: P.A. 90-154, eff. 1-1-98.)
9 (220 ILCS 5/13-710 new)
10 Sec. 13-710. Disconnection of local exchange services.
11 Telecommunications carriers may not disconnect local exchange
12 telecommunications service for non-payment of interexchange
13 telecommunications services. Unspecified payment shall be
14 allocated first to local exchange telecommunications service.
15 The Commission shall adopt rules for the implementation of
16 this Section.
17 (220 ILCS 5/13-711 new)
18 Sec. 13-711. Disputes; toll-free number.
19 Telecommunications carriers must provide and maintain a
20 toll-free number that customers can call to obtain
21 information or resolve disputes for that carrier. The
22 toll-free number must be staffed by live operators during
23 normal business hours, at a minimum, and with sufficient
24 operators to answer the volume of calls normally received.
25 (220 ILCS 5/13-712 new)
26 Sec. 13-712. Service Quality.
27 (a) The Commission shall promulgate service quality
28 rules for all carriers.
29 (b) Carriers shall provide customers with a 4-hour
30 window when scheduling installation or repair appointments.
31 Whenever, for any reason, the appointment cannot be kept
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1 within the prescribed interval, the company shall make
2 reasonable efforts to notify the customer of the delay and
3 the reason for the delay prior to the time of the scheduled
4 appointment.
5 (c) Carriers must install basic service within 5
6 business days after receipt of an order unless the customer
7 requests an installation date beyond this 5-day benchmark.
8 Carriers shall repair out-of-service conditions within 24
9 hours.
10 (d) Customers waiting for installation of basic service
11 longer than 5 business days or who have been out of service
12 for more than 24 hours shall be entitled to the use of a
13 wireless telephone (with battery and battery charger). At
14 the customer's request, the carrier must provide a wireless
15 telephone that is capable of making unlimited local telephone
16 calls at no cost to the customer until phone service is
17 either repaired or installed. The Commission shall adopt
18 rules to implement this subsection.
19 (e) Repairs and installations shall be handled on a
20 first-in, first-out basis (i.e., in the order received).
21 Carriers may not discriminate between any classes of
22 customers. Customer classes include, but are not limited to,
23 residential, business, retail, wholesale, and large and small
24 businesses.
25 (220 ILCS 5/13-713 new)
26 Sec. 13-713. Customer credits for service quality
27 violations.
28 (a) If a carrier fails to repair an out-of-service
29 condition within 24 hours, the carrier must provide to the
30 customer a credit, in an amount determined by the Commission,
31 for each day beyond the initial 24 hours that the service is
32 not repaired. The credit shall be at least $20 plus an annual
33 adjustment equal to the rate of inflation.
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1 (b) If a carrier fails to install new service within 5
2 business days after an application for new service or fails
3 to install the service by the requested installation date
4 when at least 5 days notice is given, the carrier shall
5 provide to the customer a credit, in an amount determined by
6 the Commission, for each day beyond the initial 5 business
7 days that the service is not installed. The credit shall be
8 at least $20 plus an annual adjustment equal to the rate of
9 inflation.
10 (c) For each instance in which a carrier fails to keep a
11 scheduled repair or installation appointment, the company
12 shall credit the customer an amount determined by the
13 Commission. The credit shall be at least $50 plus an annual
14 adjustment equal to the rate of inflation. The credits
15 required by this subsection do not apply when the carrier
16 provides the customer 24-hour notice of its inability to meet
17 the appointment.
18 (d) The credits provided in this Section shall be in the
19 form of either a direct payment to the customer or a credit
20 to the customer's account within the next 2 billing periods.
21 The Commission may adopt rules to implement this Section.
22 (220 ILCS 5/13-714 new)
23 Sec. 13-714. Complaint arbitration process.
24 (a) The Commission shall adopt an arbitration process
25 for individual consumers with unresolved disputes with a
26 carrier.
27 (b) The arbitration will be available only at the
28 election of the consumer, and only when the amount in dispute
29 is less than $5,000. A consumer shall have the option to
30 resolve a dispute via either the arbitration process or by
31 filing a formal complaint, but not both.
32 (c) A telecommunications carrier shall ensure that an
33 applicant or customer whose complaint the carrier is unable
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1 to resolve is informed of the right to have that problem
2 resolved through this arbitration process. The applicant or
3 customer shall be provided with the toll-free telephone
4 number and address of the Commission.
5 (d) The arbitration process adopted by the Commission
6 shall:
7 (1) be provided at no cost to complainants;
8 (2) be conducted in a language understood by the
9 complainant;
10 (3) be structured such that arbitrators hear any
11 complaint subject to this process brought to the
12 Commission no later than 45 days after the date that the
13 Commission receives the initial request for arbitration
14 and render a decision within 60 days after the date that
15 the Commission receives the initial request for
16 arbitration, unless the complainant causes the delay; and
17 (4) shall ensure that sufficient personnel to act
18 as arbitrators in order to meet the 60-day deadline for
19 rulings are available.
20 (e) When a complaint is brought to the Commission for
21 simplified arbitration, the Commission shall notify the
22 carrier within 2 working days of the identity of the
23 complainant and the nature of the complaint. Within 10
24 working days after receiving notice from the Commission, the
25 carrier shall report the results of any investigation made
26 regarding the complaint to the Commission. If warranted in a
27 particular case, a carrier may request an extension of time.
28 (f) During this arbitration process the Commission shall
29 encourage the informal settlement of disputes whenever
30 possible. Parties to an arbitration may agree to negotiate at
31 any time without Commission oversight.
32 (g) A customer or applicant who has a complaint pending
33 with the Commission under this simplified arbitration process
34 is entitled to continued or restored service provided:
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1 (1) service was not terminated for theft of service
2 or failure to establish credit;
3 (2) when termination is based on nonpayment, the
4 customer or applicant makes adequate arrangement to avoid
5 future loss to the telecommunications carrier, such as
6 prepaying estimated monthly telecommunications services
7 charges; and
8 (3) the customer or applicant diligently pursues
9 complaint resolution under the simplified arbitration
10 process.
11 (h) If the conditions in subsection (g) are not
12 satisfied, the carrier has no obligation to provide continued
13 service. In deciding whether the conditions are met, the
14 telecommunications carrier shall consult with the arbitrator
15 assigned to the complaint.
16 (i) The arbitrator's decision is final and binding upon
17 the parties unless appealed within 5 business days to the
18 Commission. The Commission shall rule on the appeal within
19 30 days.
20 (220 ILCS 5/13-715 new)
21 Sec. 13-715. Marketing of telecommunications services.
22 (a) Any marketing materials or other solicitations that
23 make statements concerning a telecommunications product or
24 service must contain information that adequately discloses
25 the prices, terms, and conditions of the products or services
26 that the telecommunications carrier is offering or selling to
27 the customer. All terms and conditions shall be plainly
28 stated in understandable language.
29 (b) A telecommunications carrier may not engage in
30 fraudulent, unfair, misleading, deceptive, or
31 anti-competitive business practices.
32 (c) When a customer's primary exchange or interexchange
33 telecommunications service is switched to another carrier or
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1 when an additional telecommunications service is added to a
2 customer's account, a carrier must give the customer
3 written information that adequately discloses, in plain
4 language, the prices, terms, and conditions of the products
5 and services being offered and sold to the customer.
6 (d) The Commission may establish a uniform method of
7 price disclosure that will permit consumers to make informed
8 comparisons and decisions in selecting telecommunications
9 services.
10 (e) A telecommunications carrier shall publish on its
11 website the rates, terms, and conditions of its publicly
12 available service offerings, along with copies of all the
13 carrier's current tariffs.
14 (f) The Commission shall adopt rules to implement this
15 Section. The rules shall, at a minimum, provide for payment
16 of damages, refunds, and restitution to consumers harmed by a
17 violation of this Section.
18 (220 ILCS 5/13-902)
19 (Section scheduled to be repealed on July 1, 2001)
20 Sec. 13-902. Rules for verification of a subscriber's
21 change in telecommunications carrier or addition to a
22 subscriber's service.
23 (a) As used in this Section, "subscriber" means a
24 telecommunications carrier's retail business customer served
25 by not more than 20 lines or a retail residential customer,
26 and "telecommunications carrier" has the meaning given in
27 Section 13-202 of the Public Utilities Act, except that
28 "telecommunications carrier" does not include a provider of
29 commercial mobile radio services (as defined by 47 U.S.C.
30 332(d)(1)).
31 (b) A subscriber's presubscription of a primary exchange
32 or interexchange telecommunications carrier may not be
33 switched to another telecommunications carrier without the
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1 subscriber's authorization. A telecommunications carrier must
2 change a subscriber's primary or interexchange
3 telecommunications carrier within 10 business days of
4 receiving the verification of the subscriber's authorization
5 for the change. Where technically feasible, the
6 telecommunications carrier, in effectuating the change, must
7 also transfer the associated telephone number to the new
8 telecommunications carrier.
9 (c) A telecommunications carrier shall not effectuate a
10 change to a subscriber's telecommunications services by
11 providing an additional telecommunications service that
12 results in an additional monthly charge to the subscriber
13 (herein referred to as an "additional telecommunications
14 service") without following the subscriber notification
15 procedures set forth in this Section. An "additional
16 telecommunications service" does not include making available
17 any additional telecommunications services on a subscriber's
18 line when the subscriber activates and pays for the services
19 on a per use basis.
20 (d) It is the responsibility of the company or carrier
21 requesting a change in a subscriber's telecommunications
22 carrier to obtain the subscriber's authorization for the
23 change whenever the company or carrier acts as a subscriber's
24 agent with respect to the change.
25 (e) A company or telecommunications carrier submitting a
26 change in a subscriber's primary exchange or interexchange
27 telecommunications carrier as described in subsection (d)
28 shall be solely responsible for providing written notice of
29 the change to the subscriber in accordance with this Section,
30 or for obtaining verification of the subscriber's assent to
31 the change in accordance with this Section. In addition, a
32 telecommunications carrier that provides any additional
33 telecommunications service to a subscriber shall be solely
34 responsible for providing written notice of the additional
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1 telecommunications service to the subscriber in accordance
2 with this Section, or for obtaining verification of the
3 subscriber's assent to the additional telecommunications
4 service in accordance with this Section.
5 (1) If the company or telecommunications carrier
6 elects to provide written notice in accordance with this
7 Section, the notice shall be provided as follows:
8 (A) A letter to the subscriber must be mailed
9 using first class mail, postage prepaid, no later
10 than 10 days after the telecommunications carrier
11 submitting the change in the subscriber's primary
12 exchange or interexchange telecommunications carrier
13 is on notice that the change has occurred or no
14 later than 10 days after initiation of an additional
15 telecommunications service has occurred.
16 (B) The letter must be a separate document
17 sent for the sole purpose of describing the changes
18 or additions authorized by the subscriber.
19 (C) The letter must be printed with 10 point
20 or larger type and contain clear and plain language
21 that confirms the details of a change in the
22 presubscribed telecommunications carrier or of the
23 addition of the telecommunications service and
24 provides the subscriber with a toll free number to
25 call should the subscriber wish to cancel the change
26 or make additional changes.
27 (2) If the company or telecommunications carrier
28 elects to obtain verification in accordance with this
29 Section, verification shall be obtained as follows:
30 (A) Verification shall be obtained by an
31 independent third-party that:
32 (i) operates from a facility physically
33 separate from that of the telecommunications
34 carrier or company seeking the change or
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1 addition of service;
2 (ii) is not directly or indirectly
3 managed, controlled, directed, or owned wholly
4 or in part by the telecommunications carrier or
5 company seeking the change or addition of
6 telecommunications services;
7 (iii) does not derive commissions or
8 compensation based upon the number of sales,
9 changes, or additions confirmed; and
10 (iv) shall retain records of the
11 confirmation of sales or changes for 24 months.
12 (B) The third-party verification agent shall
13 state to the subscriber, and shall obtain the
14 subscriber's acknowledgement to, the following
15 disclosures:
16 (i) the consumer's name, address, and the
17 telephone numbers of all telephone lines that
18 will be changed or to which additional
19 telecommunications services will be added;
20 (ii) the names of the telecommunications
21 carrier or company that is replacing the
22 previous presubscribed telecommunications
23 carrier or adding a telecommunications service
24 to the subscriber's account and, where
25 applicable, the name of the carriers being
26 replaced;
27 (iii) in cases where verification is
28 sought for the subscriber's presubscribed
29 telecommunications carrier, that for each line
30 the subscriber can designate only one
31 presubscribed telecommunications carrier to
32 handle each of the subscriber's local, long
33 distance, or local toll service depending upon
34 which presubscribed telecommunications service
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1 or services are being verified; and
2 (iv) the fact that a fee may be imposed
3 on the subscriber for the change of primary
4 exchange or interexchange telecommunications
5 carriers or that a monthly recurring fee may be
6 charged for the additional service, if that is
7 the case.
8 (C) The third-party verification agent shall
9 obtain verification no later than 3 days after the
10 carrier submitting a change in the subscriber's
11 primary exchange or interexchange telecommunications
12 carrier is on notice that the change has occurred or
13 no later than 3 days after initiation of an
14 additional telecommunications service has occurred.
15 (D) The telecommunications company or carrier
16 seeking to implement the change in service or
17 additional service may connect the subscriber to the
18 verification agent, provided that all of the
19 requirements for verification by a third party as
20 set forth in this Section are otherwise complied
21 with fully.
22 (3) The verification or notice requirements
23 described in this subsection shall apply to all changes
24 to a subscriber's presubscription of a primary exchange
25 or interexchange telecommunications carrier, whether the
26 change was initiated through an inbound call initiated by
27 the customer or outbound telemarketing. Where a
28 subscriber's telecommunications services are changed by
29 the provision of an additional telecommunications
30 service, the verification or notice requirements
31 described in this subsection shall apply if the change
32 was initiated through outbound telemarketing. Where a
33 subscriber's telecommunications services are changed by
34 the provision of an additional telecommunications service
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1 and the change was initiated through inbound
2 telemarketing, the telecommunications carrier shall
3 comply with all rules or regulations promulgated by the
4 Federal Communications Commission.
5 (4) Verifications conducted or obtained in a manner
6 not in compliance with this Section or notice given in a
7 manner not in compliance with this Section shall be void
8 and without effect.
9 (f) The Commission shall promulgate any rules necessary
10 to ensure that the primary exchange or interexchange
11 telecommunications carrier of a subscriber is not changed to
12 another telecommunications carrier or that an additional
13 telecommunications service is not added without the
14 subscriber's authorization. The rules promulgated under this
15 Section shall comport with the rules, if any, promulgated by
16 the Attorney General pursuant to the Consumer Fraud and
17 Deceptive Business Practices Act and with any rules
18 promulgated by the Federal Communications Commission.
19 (g) Complaints may be filed with the Commission under
20 this Section by a subscriber whose primary exchange or
21 interexchange carrier has been changed to another
22 telecommunications carrier without authorization or whose
23 primary exchange or interexchange carrier has not been
24 changed as authorized or who has been provided an additional
25 telecommunications service not ordered by the subscriber, by
26 a telecommunications carrier that has been removed as a
27 subscriber's primary exchange or interexchange
28 telecommunications carrier without authorization, or by the
29 Commission on its own motion. Upon filing of the complaint,
30 the parties may mutually agree to submit the complaint to the
31 Commission's established mediation process. Remedies in the
32 mediation process may include, but shall not be limited to,
33 the remedies set forth in paragraphs (1) through (5) of this
34 subsection. In its discretion, the Commission may deny the
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1 availability of the mediation process and submit the
2 complaint to hearings. If the complaint is not submitted to
3 mediation or if no agreement is reached during the mediation
4 process, hearings shall be held on the complaint pursuant to
5 Article 10 of this Act. If after notice and hearing, the
6 Commission finds that a telecommunications carrier has
7 violated this Section or a rule promulgated under this
8 Section, the Commission may in its discretion order any one
9 or more of the following:
10 (1) In case of an unauthorized change, or failure
11 to make an authorized change, in a subscriber's primary
12 exchange or interexchange telecommunications carrier,
13 require the violating telecommunications carrier to
14 refund to the subscriber all fees and charges collected
15 from the subscriber for services up to the time the
16 subscriber receives written notice of the fact that the
17 violating carrier is providing telecommunications service
18 to the subscriber. For a carrier that elects to provide
19 written notice of a change in a subscriber's primary
20 exchange or interexchange carrier, notice consistent with
21 paragraph (1) of subsection (e) shall be deemed to be
22 receipt of notice by the subscriber for purposes of this
23 paragraph. For a carrier that elects to obtain
24 verification of a change in a subscriber's primary
25 exchange or interexchange carrier consistent with
26 paragraph (2) of subsection (e) of this Section, either
27 the first correspondence from the carrier that notifies
28 the customer of the change or the subscriber's first bill
29 for services, whichever is mailed first, shall be deemed
30 to be receipt of notice by the subscriber for purposes of
31 this paragraph. The Commission may order the remedial
32 action outlined in this subsection only to the extent
33 that the same remedial action is allowed pursuant to
34 rules or regulations promulgated by the Federal
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1 Communications Commission.
2 (2) In case of an unauthorized change, or failure
3 to make an authorized change, in the primary exchange or
4 interexchange telecommunications carrier, require the
5 violating telecommunications carrier to refund to the
6 subscriber charges collected in excess of those that
7 would have been charged by the subscriber's chosen
8 telecommunications carrier.
9 (3) In case of an unauthorized change, or failure
10 to make an authorized change, in the primary exchange or
11 interexchange telecommunications carrier, require the
12 violating telecommunications carrier to pay to the
13 subscriber's chosen telecommunications carrier the amount
14 the chosen telecommunications carrier would have
15 collected for the telecommunications service. The
16 Commission is authorized to reduce this payment by any
17 amount already paid by the violating telecommunications
18 carrier to the subscriber's chosen telecommunications
19 carrier for those telecommunications services.
20 (4) Require the violating telecommunications
21 carrier to pay a fine of up to $1,000 into the Public
22 Utility Fund for each repeated and intentional violation
23 of this Section and to pay an equal amount to the
24 subscriber.
25 (5) In the case of an unauthorized additional
26 telecommunications service, require the violating carrier
27 to refund or cancel all charges for telecommunications
28 services or products provided without a subscriber's
29 authorization.
30 (6) Issue a cease and desist order.
31 (7) For a pattern of violation of this Section or
32 for intentionally violating a cease and desist order,
33 revoke the violating telecommunications carrier's
34 certificate of service authority.
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1 (Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.)
2 (220 ILCS 5/13-802 rep.)
3 (220 ILCS 5/13-803 rep.)
4 Section 10. The Public Utilities Act is amended by
5 repealing Sections 13-802 and 13-803.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".