Bill Amendment: IL HB1187 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOCAL GOVERNMENT-TECH

Status: 2019-01-08 - Session Sine Die [HB1187 Detail]

Download: Illinois-2017-HB1187-House_Amendment_001.html

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Rep. Michael J. Zalewski

Filed: 4/3/2018

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AMENDMENT TO HOUSE BILL 1187
AMENDMENT NO. ______. Amend House Bill 1187 by replacing
everything after the enacting clause with the following:
"Section 5. If and only if Senate Bill 1451 of the 100th
General Assembly becomes law, then the Small Wireless
Facilities Deployment Act is amended by changing Section 7 as
follows:
(10000SB1451enr, Sec. 7)
Sec. 7. Applicability. This Act does not apply to a
municipality with a population of 1,000,000 or more or a
municipality that has adopted an ordinance that regulates the
collocation, siting, or placement of small wireless facilities
on or before the effective date of this Act.
(Source: 10000SB1451enr.)
Section 10. The Public Utilities Act is amended by changing

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Section 13-406.1 as follows:
(220 ILCS 5/13-406.1)
(Section scheduled to be repealed on December 31, 2020)
Sec. 13-406.1. Large Electing Provider transition to
IP-based networks and service.
(a) As used in this Section:
"Alternative voice service" means service that includes
all of the applicable functionalities for voice telephony
services described in 47 CFR 54.101(a).
"Existing customer" means a residential customer of the
Large Electing Provider who is subscribing to a
telecommunications service on the date the Large Electing
Provider sends its notice under paragraph (1) of subsection (c)
of this Section of its intent to cease offering and providing
service. For purposes of this Section, a residential customer
of the Large Electing Provider whose service has been
temporarily suspended, but not finally terminated as of the
date that the Large Electing Provider sends that notice, shall
be deemed to be an "existing customer".
"Large Electing Provider" means an Electing Provider, as
defined in Section 13-506.2 of this Act, that (i) reported in
its annual competition report for the year 2016 filed with the
Commission under Section 13-407 of this Act and 83 Ill. Adm.
Code 793 that it provided at least 25,000 700,000 access lines
to end users; and that did not itself, or by an affiliate,

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receive funding from the universal service support fund
established by the Commission under item (d) of subsection (1)
of Section 13-301 (ii) is affiliated with a provider of
commercial mobile radio service, as defined in 47 CFR 20.3, as
of January 1, 2017.
"New customer" means a residential customer who is not
subscribing to a telecommunications service provided by the
Large Electing Provider on the date the Large Electing Provider
sends its notice under paragraph (1) of subsection (c) of this
Section of its intent to cease offering and providing that
service.
"Provider" includes every corporation, company,
association, firm, partnership, and individual and their
lessees, trustees, or receivers appointed by a court that sell
or offer to sell an alternative voice service.
"Reliable access to 9-1-1" means access to 9-1-1 that
complies with the applicable rules, regulations, and
guidelines established by the Federal Communications
Commission and the applicable provisions of the Emergency
Telephone System Act and implementing rules.
"Willing provider" means a provider that voluntarily
participates in the request for service process.
(b) Beginning June 30, 2017, a Large Electing Provider may,
to the extent permitted by and consistent with federal law,
including, as applicable, approval by the Federal
Communications Commission of the discontinuance of the

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interstate-access component of a telecommunications service,
cease to offer and provide a telecommunications service to an
identifiable class or group of customers, other than voice
telecommunications service to residential customers or a
telecommunications service to a class of customers under
subsection (b-5) of this Section, upon 60 days' notice to the
Commission and affected customers.
(b-5) Notwithstanding any provision to the contrary in this
Section 13-406.1, beginning December 31, 2021, a Large Electing
Provider may, to the extent permitted by and consistent with
federal law, including, if applicable, approval by the Federal
Communications Commission of the discontinuance of the
interstate-access component of a telecommunication service,
cease to offer and provide a telecommunications service to one
or more of the following classes or groups of customers upon 60
days' notice to the Commission and affected customers: (1)
electric utilities, as defined in Section 16-102 of this Act;
(2) public utilities, as defined in Section 3-105 of this Act,
that offers natural gas or water services; (3) electric, gas,
and water utilities that are excluded from the definition of
public utility under paragraph (1) of subsection (b) of Section
3-105 of this Act; (4) water companies as described in
paragraph (2) of subsection (b) of Section 3-105 of this Act;
(5) natural gas cooperatives as described in paragraph (4) of
subsection (b) of Section 3-105 of this Act; (6) electric
cooperatives as defined in Section 3-119 of this Act; (7)

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entities engaged in the commercial generation of electric power
and energy; (8) the functional divisions of public agencies, as
defined in Section 2 of the Emergency Telephone System Act,
that provide police or firefighting services; and (9) 9-1-1
Authorities, as defined in Section 2 of the Emergency Telephone
System Act; provided that the date shall be extended to
December 21, 2022, for (i) an electric utility, as defined in
Section 16-102 of this Act, that serves more than 3 million
customers in the State; and (ii) an entity engaged in the
commercial generation of electric power and energy that
operates one or more nuclear power plants in the State.
(c) Beginning June 30, 2017, a Large Electing Provider may,
to the extent permitted by and consistent with federal law,
cease to offer and provide voice telecommunications service to
an identifiable class or group of residential customers, which,
for the purposes of this subsection (c), shall be referred to
as "requested service", subject to compliance with the
following requirements:
(1) No less than 255 days prior to providing notice to
the Federal Communications Commission of its intent to
discontinue the interstate-access component of the
requested service, the Large Electing Provider shall:
(A) file a notice of the proposed cessation of the
requested service with the Commission, which shall
include a statement that the Large Electing Provider
will comply with any service discontinuance rules and

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regulations of the Federal Communications Commission
pertaining to compatibility of alternative voice
services with medical monitoring devices; and
(B) provide notice of the proposed cessation of the
requested service to each of the Large Electing
Provider's existing customers within the affected
geographic area by first-class mail separate from
customer bills. If the customer has elected to receive
electronic billing, the notice shall be sent
electronically and by first-class mail separate from
customer bills. The notice provided under this
subparagraph (B) shall describe the requested service,
identify the earliest date on which the Large Electing
Provider intends to cease offering or providing the
telecommunications service, provide a telephone number
by which the existing customer may contact a service
representative of the Large Electing Provider, and
provide a telephone number by which the existing
customer may contact the Commission's Consumer
Services Division. The notice shall also include the
following statement:
"If you do not believe that an alternative
voice service including reliable access to 9-1-1
is available to you, from either [name of Large
Electing Provider] or another provider of wired or
wireless voice service where you live, you have the

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right to request the Illinois Commerce Commission
to investigate the availability of alternative
voice service including reliable access to 9-1-1.
To do so, you must submit such a request either in
writing or by signing and returning a copy of this
notice, no later than (insert date), 60 days after
the date of the notice to the following address:
Chief Clerk of the Illinois Commerce Commission
527 East Capitol Avenue
Springfield, Illinois 62706
You must include in your request a reference to
the notice you received from [Large Electing
Provider's name] and the date of notice.".
Thirty days following the date of notice, the Large
Electing Provider shall provide each customer to which
the notice was sent a follow-up notice containing the
same information and reminding customers of the
deadline for requesting the Commission to investigate
alternative voice service with access to 9-1-1.
(2) After June 30, 2017, and only in a geographic area
for which a Large Electing Provider has provided notice of
proposed cessation of the requested service to existing
customers under paragraph (1) of this subsection (c), an
existing customer of that provider may, within 60 days
after issuance of such notice, request the Commission to
investigate the availability of alternative voice service

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including reliable access to 9-1-1 to that customer. For
the purposes of this paragraph (2), existing customers who
make such a request are referred to as "requesting existing
customers". The Large Electing Provider may cease to offer
or provide the requested service to existing customers who
do not make a request for investigation beginning 30 days
after issuance of the notice required by paragraph (5) of
this subsection (c).
(A) In response to all requests and investigations
under this paragraph (2), the Commission shall conduct
a single investigation to be commenced 75 days after
the receipt of notice under paragraph (1) of this
subsection (c), and completed within 135 days after
commencement. The Commission shall, within 135 days
after commencement of the investigation, make one of
the findings described in subdivisions (i) and (ii) of
this subparagraph (A) for each requesting existing
customer.
(i) If, as a result of the investigation, the
Commission finds that service from at least one
provider offering alternative voice service
including reliable access to 9-1-1 through any
technology or medium is available to one or more
requesting existing customers, the Commission
shall declare by order that, with respect to each
requesting existing customer for which such a

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finding is made, the Large Electing Provider may
cease to offer or provide the requested service
beginning 30 days after the issuance of the notice
required by paragraph (5) of this subsection (c).
(ii) If, as a result of the investigation, the
Commission finds that service from at least one
provider offering alternative voice service,
including reliable access to 9-1-1, through any
technology or medium is not available to one or
more requesting existing customers, the Commission
shall declare by order that an emergency exists
with respect to each requesting existing customer
for which such a finding is made.
(B) If the Commission declares an emergency under
subdivision (ii) of subparagraph (A) of this paragraph
(2) with respect to one or more requesting existing
customers, the Commission shall conduct a request for
service process to identify a willing provider of
alternative voice service including reliable access to
9-1-1. A provider shall not be required to participate
in the request for service process. The willing
provider may utilize any form of technology that is
capable of providing alternative voice service
including reliable access to 9-1-1, including, without
limitation, Voice over Internet Protocol services and
wireless services. The Commission shall, within 45

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days after the issuance of an order finding that an
emergency exists, make one of the determinations
described in subdivisions (i) and (ii) of this
subparagraph (B) for each requesting existing customer
for which an emergency has been declared.
(i) If the Commission determines that another
provider is willing and capable of providing
alternative voice service including reliable
access to 9-1-1 to one or more requesting existing
customers for which an emergency has been
declared, the Commission shall declare by order
that, with respect to each requesting existing
customer for which such a determination is made,
the Large Electing Provider may cease to offer or
provide the requested service beginning 30 days
after the issuance of the notice required by
paragraph (5) of this Section.
(ii) If the Commission determines that for one
or more of the requesting existing customers for
which an emergency has been declared there is no
other provider willing and capable of providing
alternative voice service including reliable
access to 9-1-1, the Commission shall issue an
order requiring the Large Electing Provider to
provide alternative voice service including
reliable access to 9-1-1 to each requesting

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existing customer utilizing any form of technology
capable of providing alternative voice service
including reliable access to 9-1-1, including,
without limitation, continuation of the requested
service, Voice over Internet Protocol services,
and wireless services, until another willing
provider is available. A Large Electing Provider
may fulfill the requirement through an affiliate
or another provider. The Large Electing Provider
may request that such an order be rescinded upon a
showing that an alternative voice service
including reliable access to 9-1-1 has become
available to the requesting existing customer from
another provider.
(3) If the Commission receives no requests for
investigation from any existing customer under paragraph
(2) of this subsection (c) within 60 days after issuance of
the notice under paragraph (1) of this subsection (c), the
Commission shall provide written notice to the Large
Electing Provider of that fact no later than 75 days after
receipt of notice under paragraph (1) of this subsection
(c). Notwithstanding any provision of this subsection (c)
to the contrary, if no existing customer requests an
investigation under paragraph (2) of this subsection (c),
the Large Electing Provider may immediately provide the
notice to the Federal Communications Commission as

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described in paragraph (4) of this subsection (c).
(4) At the same time that it provides notice to the
Federal Communications Commission of its intent to
discontinue the interstate-access component of the
requested service, the Large Electing Provider shall:
(A) file a notice of proposal to cease to offer and
provide the requested service with the Commission; and
(B) provide a notice of proposal to cease to offer
and provide the requested service to existing
customers and new customers receiving the service at
the time of the notice within each affected geographic
area, with the notice made by first-class mail or
within customer bills delivered by mail or equivalent
means of notice, including electronic means if the
customer has elected to receive electronic billing.
The notice provided under this subparagraph (B) shall
include a brief description of the requested service,
the date on which the Large Electing Provider intends
to cease offering or providing the telecommunications
service, and a statement as required by 47 CFR 63.71
that describes the process by which the customer may
submit comments to the Federal Communications
Commission.
(5) Upon approval by the Federal Communications
Commission of its request to discontinue the
interstate-access component of the requested service and

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subject to the requirements of any order issued by the
Commission under subdivision (ii) of subparagraph (B) of
paragraph (2) of this subsection (c), the Large Electing
Provider may immediately cease to offer the requested
service to all customers not receiving the service on the
date of the Federal Communications Commission's approval
and may cease to offer and provide the requested service to
all customers receiving the service at the time of the
Federal Communications Commission's approval upon 30 days'
notice to the Commission and affected customers. Notice to
affected customers under this paragraph (5) shall be
provided by first-class mail separate from customer bills.
The notice provided under this paragraph (5) shall describe
the requested service, identify the date on which the Large
Electing Provider intends to cease offering or providing
the telecommunications service, and provide a telephone
number by which the existing customer may contact a service
representative of the Large Electing Provider.
(6) The notices provided for in paragraph (1) of this
subsection (c) are not required as a prerequisite for the
Large Electing Provider to cease to offer or provide a
telecommunications service in a geographic area where
there are no residential customers taking service from the
Large Electing Provider on the date that the Large Electing
Provider files notice to the Federal Communications
Commission of its intent to discontinue the

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interstate-access component of the requested service in
that geographic area.
(7) For a period of 45 days following the date of a
notice issued under paragraph (5) of this Section, an
existing customer (i) who is located in the affected
geographic area subject to that notice; (ii) who was
receiving the requested service as of the date of the
Federal Communications Commission's approval of the Large
Electing Provider's request to discontinue the
interstate-access component of the requested service;
(iii) who did not make a timely request for investigation
under paragraph (2) of this subsection (c); and (iv) whose
service will be or has been discontinued under paragraph
(5), may request assistance from the Large Electing
Provider in identifying providers of alternative voice
service including reliable access to 9-1-1. Within 15 days
of the request, the Large Electing Provider shall provide
the customer with a list of alternative voice service
providers.
(8) Notwithstanding any other provision of this Act,
except as expressly authorized by this subsection (c), the
Commission may not, upon its own motion or upon complaint,
investigate, suspend, disapprove, condition, or otherwise
regulate the cessation of a telecommunications service to
an identifiable class or group of customers once initiated
by a Large Electing Provider under subsection (b) or (b-5)

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of this Section or this subsection (c).
(Source: P.A. 100-20, eff. 7-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law, except that Section 5 takes effect upon becoming
law or on the date Senate Bill 1451 of the 100th General
Assembly takes effect, whichever is later.".