Bill Text: IL HB1811 | 2017-2018 | 100th General Assembly | Chaptered


Bill Title: Amends the Regulatory Sunset Act. Removes the Interpreter for the Deaf Licensure Act of 2007 from provisions setting a repeal date of January 1, 2018 for certain regulatory Acts. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-07-06 - Public Act . . . . . . . . . 100-0020 [HB1811 Detail]

Download: Illinois-2017-HB1811-Chaptered.html



Public Act 100-0020
HB1811 EnrolledLRB100 08000 SMS 18081 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be exempt
from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other records
prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid
Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a local
emergency energy plan ordinance that is adopted under
Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by wireless
carriers under the Wireless Emergency Telephone System
Safety Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.
(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the Capital
Crimes Litigation Act. This subsection (n) shall apply
until the conclusion of the trial of the case, even if the
prosecution chooses not to pursue the death penalty prior
to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Regional Transportation Authority under Section 2.11 of
the Regional Transportation Authority Act or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Records Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.
(t) All identified or deidentified health information
in the form of health data or medical records contained in,
stored in, submitted to, transferred by, or released from
the Illinois Health Information Exchange, and identified
or deidentified health information in the form of health
data and medical records of the Illinois Health Information
Exchange in the possession of the Illinois Health
Information Exchange Authority due to its administration
of the Illinois Health Information Exchange. The terms
"identified" and "deidentified" shall be given the same
meaning as in the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191, or any
subsequent amendments thereto, and any regulations
promulgated thereunder.
(u) Records and information provided to an independent
team of experts under Brian's Law.
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed Carry
Licensing Review Board under the Firearm Concealed Carry
Act, and law enforcement agency objections under the
Firearm Concealed Carry Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of an
eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.
(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) (dd) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
8-19-16; revised 9-1-16.)
Section 5. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Sections
2605-52 and 2605-475 as follows:
(20 ILCS 2605/2605-52)
Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
(a) There shall be established an Office of the Statewide
9-1-1 Administrator within the Department. Beginning January
1, 2016, the Office of the Statewide 9-1-1 Administrator shall
be responsible for developing, implementing, and overseeing a
uniform statewide 9-1-1 system for all areas of the State
outside of municipalities having a population over 500,000.
(b) The Governor shall appoint, with the advice and consent
of the Senate, a Statewide 9-1-1 Administrator. The
Administrator shall serve for a term of 2 years, and until a
successor is appointed and qualified; except that the term of
the first 9-1-1 Administrator appointed under this Act shall
expire on the third Monday in January, 2017. The Administrator
shall not hold any other remunerative public office. The
Administrator shall receive an annual salary as set by the
Governor.
(c) The Department, from appropriations made to it for that
purpose, shall make grants to 9-1-1 Authorities for the purpose
of defraying costs associated with 9-1-1 system consolidations
awarded by the Administrator under Section 15.4b of the
Emergency Telephone System Act.
(Source: P.A. 99-6, eff. 6-29-15.)
(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
Sec. 2605-475. Wireless Emergency Telephone System Safety
Act. The Department and Statewide 9-1-1 Administrator shall To
exercise the powers and perform the duties specifically
assigned to each the Department under the Wireless Emergency
Telephone System Safety Act with respect to the development and
improvement of emergency communications procedures and
facilities in such a manner as to facilitate a quick response
to any person calling the number "9-1-1" seeking police, fire,
medical, or other emergency services through a wireless carrier
as defined in Section 10 of the Wireless Emergency Telephone
Safety Act. Nothing in the Wireless Emergency Telephone System
Safety Act shall require the Department of Illinois State
Police to provide wireless enhanced 9-1-1 services.
(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
Section 10. The State Finance Act is amended by changing
Section 8.37 as follows:
(30 ILCS 105/8.37)
Sec. 8.37. State Police Wireless Service Emergency Fund.
(a) The State Police Wireless Service Emergency Fund is
created as a special fund in the State Treasury.
(b) Grants or surcharge funds allocated to the Department
of State Police from the Statewide 9-1-1 Wireless Service
Emergency Fund shall be deposited into the State Police
Wireless Service Emergency Fund and shall be used in accordance
with Section 30 20 of the Wireless Emergency Telephone System
Safety Act.
(c) On July 1, 1999, the State Comptroller and State
Treasurer shall transfer $1,300,000 from the General Revenue
Fund to the State Police Wireless Service Emergency Fund. On
June 30, 2003 the State Comptroller and State Treasurer shall
transfer $1,300,000 from the State Police Wireless Service
Emergency Fund to the General Revenue Fund.
(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
Section 15. The Emergency Telephone System Act is reenacted
and is amended by changing Sections 2, 8, 10, 10.3, 12, 14,
15.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6a, 19, 20, 30, 35, 40, 55,
and 99 and by adding Sections 17.5 and 80 as follows:
(50 ILCS 750/Act title)
An Act in relation to the designation of an emergency
telephone number for use throughout the State.
(50 ILCS 750/0.01) (from Ch. 134, par. 30.01)
Sec. 0.01. This Act shall be known and may be cited as the
"Emergency Telephone System Act".
(Source: P.A. 85-978.)
(50 ILCS 750/1) (from Ch. 134, par. 31)
Sec. 1. The General Assembly finds and declares that it is
in the public interest to shorten the time required for a
citizen to request and receive emergency aid. There currently
exist thousands of different emergency phone numbers
throughout the state, and present telephone exchange
boundaries and central office service areas do not necessarily
correspond to public safety and political boundaries.
Provision of a single, primary three-digit emergency number
through which emergency services can be quickly and efficiently
obtained would provide a significant contribution to law
enforcement and other public service efforts by making it less
difficult to quickly notify public safety personnel. Such a
simplified means of procuring emergency services will result in
the saving of life, a reduction in the destruction of property,
quicker apprehension of criminals, and ultimately the saving of
money. The General Assembly further finds and declares that the
establishment of a uniform, statewide emergency number is a
matter of statewide concern and interest to all inhabitants and
citizens of this State. It is the purpose of this Act to
establish the number "9-1-1" as the primary emergency telephone
number for use in this State and to encourage units of local
government and combinations of such units to develop and
improve emergency communication procedures and facilities in
such a manner as to be able to quickly respond to any person
calling the telephone number "9-1-1" seeking police, fire,
medical, rescue, and other emergency services.
(Source: P.A. 85-978.)
(50 ILCS 750/2) (from Ch. 134, par. 32)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"9-1-1 network" means the network used for the delivery of
9-1-1 calls and messages over dedicated and redundant
facilities to a primary or backup 9-1-1 PSAP that meets P.01
grade of service standards for basic 9-1-1 and enhanced 9-1-1
services or meets national I3 industry call delivery standards
for Next Generation 9-1-1 services.
"9-1-1 system" means the geographic area that has been
granted an order of authority by the Commission or the
Statewide 9-1-1 Administrator to use "9-1-1" as the primary
emergency telephone number.
"9-1-1 Authority" includes an Emergency Telephone System
Board, Joint Emergency Telephone System Board, and a qualified
governmental entity. "9-1-1 Authority" includes the Department
of State Police only to the extent it provides 9-1-1 services
under this Act.
"Administrator" means the Statewide 9-1-1 Administrator.
"Advanced service" means any telecommunications service
with or without dynamic bandwidth allocation, including, but
not limited to, ISDN Primary Rate Interface (PRI), that,
through the use of a DS-1, T-1, or other similar un-channelized
or multi-channel transmission facility, is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"ALI" or "automatic location identification" means, in an
E9-1-1 system, the automatic display at the public safety
answering point of the caller's telephone number, the address
or location of the telephone, and supplementary emergency
services information.
"ANI" or "automatic number identification" means the
automatic display of the 9-1-1 calling party's number on the
PSAP monitor.
"Automatic alarm" and "automatic alerting device" mean any
device that will access the 9-1-1 system for emergency services
upon activation.
"Backup PSAP" means a public safety answering point that
serves as an alternate to the PSAP for enhanced systems and is
at a different location and operates independently from the
PSAP. A backup PSAP may accept overflow calls from the PSAP or
be activated if the primary PSAP is disabled.
"Board" means an Emergency Telephone System Board or a
Joint Emergency Telephone System Board created pursuant to
Section 15.4.
"Carrier" includes a telecommunications carrier and a
wireless carrier.
"Commission" means the Illinois Commerce Commission.
"Computer aided dispatch" or "CAD" means a computer-based
system that aids PSAP telecommunicators by automating selected
dispatching and recordkeeping activities database maintained
by the public safety agency or public safety answering point
used in conjunction with 9-1-1 caller data.
"Direct dispatch method" means a 9-1-1 service that
provides for the direct dispatch by a PSAP telecommunicator of
the appropriate unit upon receipt of an emergency call and the
decision as to the proper action to be taken.
"Department" means the Department of State Police.
"DS-1, T-1, or similar un-channelized or multi-channel
transmission facility" means a facility that can transmit and
receive a bit rate of at least 1.544 megabits per second
(Mbps).
"Dynamic bandwidth allocation" means the ability of the
facility or customer to drop and add channels, or adjust
bandwidth, when needed in real time for voice or data purposes.
"Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone
system that includes dedicated network switching, database and
PSAP premise elements capable of providing automatic location
identification data, selective routing, database, ALI, ANI,
selective transfer, fixed transfer, and a call back number,
including any enhanced 9-1-1 service so designated by the
Federal Communications Commission in its report and order in WC
Dockets Nos. 04-36 and 05-196, or any successor proceeding.
"ETSB" means an emergency telephone system board appointed
by the corporate authorities of any county or municipality that
provides for the management and operation of a 9-1-1 system.
"Hearing-impaired individual" means a person with a
permanent hearing loss who can regularly and routinely
communicate by telephone only through the aid of devices which
can send and receive written messages over the telephone
network.
"Hosted supplemental 9-1-1 service" means a database
service that:
(1) electronically provides information to 9-1-1 call
takers when a call is placed to 9-1-1;
(2) allows telephone subscribers to provide
information to 9-1-1 to be used in emergency scenarios;
(3) collects a variety of formatted data relevant to
9-1-1 and first responder needs, which may include, but is
not limited to, photographs of the telephone subscribers,
physical descriptions, medical information, household
data, and emergency contacts;
(4) allows for information to be entered by telephone
subscribers through a secure website where they can elect
to provide as little or as much information as they choose;
(5) automatically displays data provided by telephone
subscribers to 9-1-1 call takers for all types of
telephones when a call is placed to 9-1-1 from a registered
and confirmed phone number;
(6) supports the delivery of telephone subscriber
information through a secure internet connection to all
emergency telephone system boards;
(7) works across all 9-1-1 call taking equipment and
allows for the easy transfer of information into a computer
aided dispatch system; and
(8) may be used to collect information pursuant to an
Illinois Premise Alert Program as defined in the Illinois
Premise Alert Program (PAP) Act.
"Interconnected voice over Internet protocol provider" or
"Interconnected VoIP provider" has the meaning given to that
term under Section 13-235 of the Public Utilities Act.
"Joint ETSB" means a Joint Emergency Telephone System Board
established by intergovernmental agreement of two or more
municipalities or counties, or a combination thereof, to
provide for the management and operation of a 9-1-1 system.
"Local public agency" means any unit of local government or
special purpose district located in whole or in part within
this State that provides or has authority to provide
firefighting, police, ambulance, medical, or other emergency
services.
"Mechanical dialer" means any device that either manually
or remotely triggers a dialing device to access the 9-1-1
system.
"Master Street Address Guide" or "MSAG" is a database of
street names and house ranges within their associated
communities defining emergency service zones (ESZs) and their
associated emergency service numbers (ESNs) to enable proper
routing of 9-1-1 calls means the computerized geographical
database that consists of all street and address data within a
9-1-1 system.
"Mobile telephone number" or "MTN" means the telephone
number assigned to a wireless telephone at the time of initial
activation.
"Network connections" means the number of voice grade
communications channels directly between a subscriber and a
telecommunications carrier's public switched network, without
the intervention of any other telecommunications carrier's
switched network, which would be required to carry the
subscriber's inter-premises traffic and which connection
either (1) is capable of providing access through the public
switched network to a 9-1-1 Emergency Telephone System, if one
exists, or (2) if no system exists at the time a surcharge is
imposed under Section 15.3, that would be capable of providing
access through the public switched network to the local 9-1-1
Emergency Telephone System if one existed. Where multiple voice
grade communications channels are connected to a
telecommunications carrier's public switched network through a
private branch exchange (PBX) service, there shall be
determined to be one network connection for each trunk line
capable of transporting either the subscriber's inter-premises
traffic to the public switched network or the subscriber's
9-1-1 calls to the public agency. Where multiple voice grade
communications channels are connected to a telecommunications
carrier's public switched network through centrex type
service, the number of network connections shall be equal to
the number of PBX trunk equivalents for the subscriber's
service or other multiple voice grade communication channels
facility, as determined by reference to any generally
applicable exchange access service tariff filed by the
subscriber's telecommunications carrier with the Commission.
"Network costs" means those recurring costs that directly
relate to the operation of the 9-1-1 network as determined by
the Statewide 9-1-1 Administrator with the advice of the
Statewide 9-1-1 Advisory Board, which may include including,
but need not be limited to, some or all of the following: costs
for interoffice trunks, selective routing charges, transfer
lines and toll charges for 9-1-1 services, Automatic Location
Information (ALI) database charges, call box trunk circuit
(including central office only and not including extensions to
fire stations), independent local exchange carrier charges and
non-system provider charges, carrier charges for third party
database for on-site customer premises equipment, back-up PSAP
trunks for non-system providers, periodic database updates as
provided by carrier (also known as "ALI data dump"), regional
ALI storage charges, circuits for call delivery (fiber or
circuit connection), NG9-1-1 costs, and all associated fees,
taxes, and surcharges on each invoice. "Network costs" shall
not include radio circuits or toll charges that are other than
for 9-1-1 services.
"Next generation 9-1-1" or "NG9-1-1" means an Internet
Protocol-based (IP-based) system comprised of managed ESInets,
functional elements and applications, and databases that
replicate traditional E9-1-1 features and functions and
provide additional capabilities. "NG9-1-1" systems are
designed to provide access to emergency services from all
connected communications sources, and provide multimedia data
capabilities for PSAPs and other emergency services
organizations.
"NG9-1-1 costs" means those recurring costs that directly
relate to the Next Generation 9-1-1 service as determined by
the Statewide 9-1-1 Advisory Board, including, but not limited
to, costs for Emergency System Routing Proxy (ESRP), Emergency
Call Routing Function/Location Validation Function (ECRF/LVF),
Spatial Information Function (SIF), the Border Control
Function (BCF), and the Emergency Services Internet Protocol
networks (ESInets), legacy network gateways, and all
associated fees, taxes, and surcharges on each invoice.
"Private branch exchange" or "PBX" means a private
telephone system and associated equipment located on the user's
property that provides communications between internal
stations and external networks.
"Private business switch service" means a
telecommunications service including centrex type service and
PBX service, even though key telephone systems or equivalent
telephone systems registered with the Federal Communications
Commission under 47 C.F.R. Part 68 are directly connected to
centrex type and PBX systems providing 9-1-1 services equipped
for switched local network connections or 9-1-1 system access
to business end users through a private telephone switch.
"Private business switch service" means network and
premises based systems including a VoIP, Centrex type service,
or PBX service, even though does not include key telephone
systems or equivalent telephone systems registered with the
Federal Communications Commission under 47 C.F.R. Part 68 are
directly connected to Centrex when not used in conjunction with
centrex type and PBX systems. "Private business switch service"
does not include key telephone systems or equivalent telephone
systems registered with the Federal Communications Commission
under 47 C.F.R. Part 68 when not used in conjunction with a
VoIP, Centrex type, or PBX systems. "Private business switch
service" typically includes, but is not limited to, private
businesses, corporations, and industries where the
telecommunications service is primarily for conducting
business.
"Private residential switch service" means network and
premise based systems a telecommunications service including a
VoIP, Centrex centrex type service, or and PBX service or , even
though key telephone systems or equivalent telephone systems
registered with the Federal Communications Commission under 47
C.F.R. Part 68 that are directly connected to a VoIP, Centrex
centrex type service, or and PBX systems providing 9-1-1
services equipped for switched local network connections or
9-1-1 system access to residential end users through a private
telephone switch. "Private residential switch service" does
not include key telephone systems or equivalent telephone
systems registered with the Federal Communications Commission
under 47 C.F.R. Part 68 when not used in conjunction with a
VoIP, Centrex centrex type, or and PBX systems. "Private
residential switch service" typically includes, but is not
limited to, apartment complexes, condominiums, and campus or
university environments where shared tenant service is
provided and where the usage of the telecommunications service
is primarily residential.
"Public agency" means the State, and any unit of local
government or special purpose district located in whole or in
part within this State, that provides or has authority to
provide firefighting, police, ambulance, medical, or other
emergency services.
"Public safety agency" means a functional division of a
public agency that provides firefighting, police, medical, or
other emergency services to respond to and manage emergency
incidents. For the purpose of providing wireless service to
users of 9-1-1 emergency services, as expressly provided for in
this Act, the Department of State Police may be considered a
public safety agency.
"Public safety answering point" or "PSAP" is a set of
call-takers authorized by a governing body and operating under
common management that receive 9-1-1 calls and asynchronous
event notifications for a defined geographic area and processes
those calls and events according to a specified operational
policy means the initial answering location of an emergency
call.
"Qualified governmental entity" means a unit of local
government authorized to provide 9-1-1 services pursuant to
this Act where no emergency telephone system board exists.
"Referral method" means a 9-1-1 service in which the PSAP
telecommunicator provides the calling party with the telephone
number of the appropriate public safety agency or other
provider of emergency services.
"Regular service" means any telecommunications service,
other than advanced service, that is capable of transporting
either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"Relay method" means a 9-1-1 service in which the PSAP
telecommunicator takes the pertinent information from a caller
and relays that information to the appropriate public safety
agency or other provider of emergency services.
"Remit period" means the billing period, one month in
duration, for which a wireless carrier remits a surcharge and
provides subscriber information by zip code to the Department,
in accordance with Section 20 of this Act.
"Secondary Answering Point" or "SAP" means a location,
other than a PSAP, that is able to receive the voice, data, and
call back number of E9-1-1 or NG9-1-1 emergency calls
transferred from a PSAP and completes the call taking process
by dispatching police, medical, fire, or other emergency
responders.
"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
or, in the absence of an emergency telephone system board, a
qualified governmental entity, has not declared its intention
for one or more of its public safety answering points to serve
as a primary wireless 9-1-1 public safety answering point for
its jurisdiction. The operator of the statewide wireless
emergency 9-1-1 system shall be the Department of State Police.
"System" means the communications equipment and related
software applications required to produce a response by the
appropriate emergency public safety agency or other provider of
emergency services as a result of an emergency call being
placed to 9-1-1.
"System provider" means the contracted entity providing
9-1-1 network and database services.
"Telecommunications carrier" means those entities included
within the definition specified in Section 13-202 of the Public
Utilities Act, and includes those carriers acting as resellers
of telecommunications services. "Telecommunications carrier"
includes telephone systems operating as mutual concerns.
"Telecommunications carrier" does not include a wireless
carrier.
"Telecommunications technology" means equipment that can
send and receive written messages over the telephone network.
"Transfer method" means a 9-1-1 service in which the PSAP
telecommunicator receiving a call transfers that call to the
appropriate public safety agency or other provider of emergency
services.
"Transmitting messages" shall have the meaning given to
that term under Section 8-11-2 of the Illinois Municipal Code.
"Trunk line" means a transmission path, or group of
transmission paths, connecting a subscriber's PBX to a
telecommunications carrier's public switched network. In the
case of regular service, each voice grade communications
channel or equivalent amount of bandwidth capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a trunk line, even if it is bundled with other
channels or additional bandwidth. In the case of advanced
service, each DS-1, T-1, or other similar un-channelized or
multi-channel transmission facility that is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a single trunk line, even if it contains multiple
voice grade communications channels or otherwise supports 2 or
more voice grade calls at a time; provided, however, that each
additional increment of up to 24 voice grade channels 1.544
Mbps of transmission capacity that is capable of transporting
either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered an additional trunk line.
"Unmanned backup PSAP" means a public safety answering
point that serves as an alternate to the PSAP at an alternate
location and is typically unmanned but can be activated if the
primary PSAP is disabled.
"Virtual answering point" or "VAP" means a temporary or
nonpermanent location that is capable of receiving an emergency
call, contains a fully functional worksite that is not bound to
a specific location, but rather is portable and scalable,
connecting emergency call takers or dispatchers to the work
process, and is capable of completing the call dispatching
process.
"Voice-impaired individual" means a person with a
permanent speech disability which precludes oral
communication, who can regularly and routinely communicate by
telephone only through the aid of devices which can send and
receive written messages over the telephone network.
"Wireless carrier" means a provider of two-way cellular,
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as
defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched
network, including a reseller of such service.
"Wireless enhanced 9-1-1" means the ability to relay the
telephone number of the originator of a 9-1-1 call and location
information from any mobile handset or text telephone device
accessing the wireless system to the designated wireless public
safety answering point as set forth in the order of the Federal
Communications Commission, FCC Docket No. 94-102, adopted June
12, 1996, with an effective date of October 1, 1996, and any
subsequent amendment thereto.
"Wireless public safety answering point" means the
functional division of a 9-1-1 authority accepting wireless
9-1-1 calls.
"Wireless subscriber" means an individual or entity to whom
a wireless service account or number has been assigned by a
wireless carrier, other than an account or number associated
with prepaid wireless telecommunication service.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/3) (from Ch. 134, par. 33)
Sec. 3. (a) By July 1, 2017, every local public agency
shall be within the jurisdiction of a 9-1-1 system.
(b) By July 1, 2020, every 9-1-1 system in Illinois shall
provide Next Generation 9-1-1 service.
(c) Nothing in this Act shall be construed to prohibit or
discourage in any way the formation of multijurisdictional or
regional systems, and any system established pursuant to this
Act may include the territory of more than one public agency or
may include a segment of the territory of a public agency.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/4) (from Ch. 134, par. 34)
Sec. 4. Every system shall include police, firefighting,
and emergency medical and ambulance services, and may include
other emergency services. The system may incorporate private
ambulance service. In those areas in which a public safety
agency of the State provides such emergency services, the
system shall include such public safety agencies.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/5) (from Ch. 134, par. 35)
Sec. 5. The digits "9-1-1" shall be the primary emergency
telephone number within the system, but a public agency or
public safety agency shall maintain a separate secondary seven
digit emergency backup number for at least six months after the
"9-1-1" system is established and in operation, and shall
maintain a separate number for nonemergency telephone calls.
(Source: P.A. 85-978.)
(50 ILCS 750/6) (from Ch. 134, par. 36)
Sec. 6. Capabilities of system; pay telephones. All systems
shall be designed to meet the specific requirements of each
community and public agency served by the system. Every system
shall be designed to have the capability of utilizing the
direct dispatch method, relay method, transfer method, or
referral method in response to emergency calls. The General
Assembly finds and declares that the most critical aspect of
the design of any system is the procedure established for
handling a telephone request for emergency services.
In addition, to maximize efficiency and utilization of the
system, all pay telephones within each system shall enable a
caller to dial "9-1-1" for emergency services without the
necessity of inserting a coin. This paragraph does not apply to
pay telephones located in penal institutions, as defined in
Section 2-14 of the Criminal Code of 2012, that have been
designated for the exclusive use of committed persons.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
Sec. 6.1. Every 9-1-1 system shall be readily accessible to
hearing-impaired and voice-impaired individuals through the
use of telecommunications technology for hearing-impaired and
speech-impaired individuals.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/7) (from Ch. 134, par. 37)
Sec. 7. The General Assembly finds that, because of
overlapping jurisdiction of public agencies, public safety
agencies and telephone service areas, the Administrator, with
the advice and recommendation of the Statewide 9-1-1 Advisory
Board, shall establish a general overview or plan to effectuate
the purposes of this Act within the time frame provided in this
Act. In order to insure that proper preparation and
implementation of emergency telephone systems are accomplished
by all public agencies as required under this Act, the
Department, with the advice and assistance of the Attorney
General, shall secure compliance by public agencies as provided
in this Act.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/8) (from Ch. 134, par. 38)
Sec. 8. The Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
coordinate the implementation of systems established under
this Act. To assist with this coordination, all systems
authorized to operate under this Act shall register with the
Administrator information regarding its composition and
organization, including, but not limited to, identification of
all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs.
The Department may adopt rules for the administration of this
Section.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/10) (from Ch. 134, par. 40)
Sec. 10. (a) The Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
establish uniform technical and operational standards for all
9-1-1 systems in Illinois. All findings, orders, decisions,
rules, and regulations issued or promulgated by the Commission
under this Act or any other Act establishing or conferring
power on the Commission with respect to emergency
telecommunications services, shall continue in force.
Notwithstanding the provisions of this Section, where
applicable, the Administrator shall, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, amend the
Commission's findings, orders, decisions, rules, and
regulations to conform to the specific provisions of this Act
as soon as practicable after the effective date of this
amendatory Act of the 99th General Assembly.
(b) The Department may adopt emergency rules necessary to
implement the provisions of this amendatory Act of the 99th
General Assembly under subsection (t) of Section 5-45 of the
Illinois Administrative Procedure Act.
(c) Nothing in this Act shall deprive the Commission of any
authority to regulate the provision by telecommunication
carriers or 9-1-1 system service providers of
telecommunication or other services under the Public Utilities
Act.
(d) For rules that implicate both the regulation of 9-1-1
authorities under this Act and the regulation of
telecommunication carriers and 9-1-1 system service providers
under the Public Utilities Act, the Department and the
Commission may adopt joint rules necessary for implementation.
(e) Any findings, orders, or decisions of the Administrator
under this Section shall be deemed a final administrative
decision and shall be subject to judicial review under the
Administrative Review Law.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/10.1) (from Ch. 134, par. 40.1)
Sec. 10.1. Confidentiality.
(a) 9-1-1 information consisting of names, addresses and
telephone numbers of telephone customers whose listings are not
published in directories or listed in Directory Assistance
Offices is confidential. Except as provided in subsection (b),
information shall be provided on a call-by-call basis only for
the purpose of responding to emergency calls. For the purposes
of this subsection (a), "emergency" means a situation in which
property or human life is in jeopardy and the prompt
notification of the public safety agency is essential.
(b) 9-1-1 information, including information described in
subsection (a), may be used by a public safety agency for the
purpose of placing out-going emergency calls.
(c) Nothing in this Section prohibits a municipality with a
population of more than 500,000 from using 9-1-1 information,
including information described in subsection (a), for the
purpose of responding to calls made to a non-emergency
telephone system that is under the supervision and control of a
public safety agency and that shares all or some facilities
with an emergency telephone system.
(d) Any public safety agency that uses 9-1-1 information
for the purposes of subsection (b) must establish methods and
procedures that ensure the confidentiality of information as
required by subsection (a).
(e) Divulging confidential information in violation of
this Section is a Class A misdemeanor.
(Source: P.A. 92-383, eff. 1-1-02.)
(50 ILCS 750/10.2) (from Ch. 134, par. 40.2)
Sec. 10.2. The Emergency Telephone System Board and the
Chairman of the County Board in any county implementing a 9-1-1
system shall ensure that all areas of the county are included
in the system.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/10.3)
Sec. 10.3. Notice of address change. The Emergency
Telephone System Board or qualified governmental entity in any
county implementing a 9-1-1 system that changes any person's
address (when the person whose address has changed has not
moved to a new residence) shall notify the person (i) of the
person's new address and (ii) that the person should contact
the local election authority to determine if the person should
re-register to vote.
(Source: P.A. 90-664, eff. 7-30-98.)
(50 ILCS 750/11) (from Ch. 134, par. 41)
Sec. 11. All local public agencies operating a 9-1-1 system
shall operate under a plan that has been filed with and
approved by the Commission prior to January 1, 2016, or the
Administrator. Plans filed under this Section shall conform to
minimum standards established pursuant to Section 10.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/12) (from Ch. 134, par. 42)
Sec. 12. The Attorney General may, on in behalf of the
Department or on his own initiative, commence judicial
proceedings to enforce compliance by any public agency or
public utility providing telephone service with this Act.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/14) (from Ch. 134, par. 44)
Sec. 14. The General Assembly declares that a major purpose
of in enacting this Act is to ensure that 9-1-1 systems have
redundant methods of dispatch for: (1) each public safety
agency within its jurisdiction, herein known as participating
agencies; and (2) 9-1-1 systems whose jurisdictional
boundaries are contiguous, herein known as adjacent 9-1-1
systems, when an emergency request for service is received for
a public safety agency that needs to be dispatched by the
adjacent 9-1-1 system. Another primary purpose of this Section
is to eliminate instances in which a public safety agency
responding emergency service refuses, once dispatched, to
render aid to the requester because the requester is outside of
the jurisdictional boundaries of the public safety agency
emergency service. Therefore, in implementing a 9-1-1 system
systems under this Act, all 9-1-1 authorities public agencies
in a single system shall enter into call handling and aid
outside jurisdictional boundaries agreements with each
participating agency and adjacent 9-1-1 system a joint powers
agreement or any other form of written cooperative agreement
which is applicable when need arises on a day-to-day basis.
Certified notification of the continuation of such agreements
shall be made among the involved parties on an annual basis. In
addition, such agreements shall be entered into between public
agencies and public safety agencies which are part of different
systems but whose jurisdictional boundaries are contiguous.
The agreements shall provide a primary and secondary means of
dispatch. It must also provide that, once an emergency unit is
dispatched in response to a request through the system, such
unit shall render its services to the requesting party without
regard to whether the unit is operating outside its normal
jurisdictional boundaries. Certified notification of the
continuation of call handling and aid outside jurisdictional
boundaries agreements shall be made among the involved parties
on an annual basis.
(Source: P.A. 86-101.)
(50 ILCS 750/15) (from Ch. 134, par. 45)
Sec. 15. Copies of the annual certified notification of
continuing agreement required by Section 14 shall be filed with
the Attorney General and the Administrator. All such agreements
shall be so filed prior to the 31st day of January. The
Attorney General shall commence judicial proceedings to
enforce compliance with this Section and Section 14, where a
public agency or public safety agency has failed to timely
enter into such agreement or file copies thereof.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)
Sec. 15.1. Public body; exemption from civil liability for
developing or operating emergency telephone system.
(a) In no event shall a public agency, the Commission, the
Statewide 9-1-1 Advisory Board, the Administrator, the
Department of State Police, public safety agency, public safety
answering point, emergency telephone system board, or unit of
local government assuming the duties of an emergency telephone
system board, or carrier, or its officers, employees, assigns,
or agents be liable for any civil damages or criminal liability
that directly or indirectly results from, or is caused by, any
act or omission in the development, design, installation,
operation, maintenance, performance, or provision of 9-1-1
service required by this Act, unless the act or omission
constitutes gross negligence, recklessness, or intentional
misconduct.
A unit of local government, the Commission, the Statewide
9-1-1 Advisory Board, the Administrator, the Department of
State Police, public safety agency, public safety answering
point, emergency telephone system board, or carrier, or its
officers, employees, assigns, or agents, shall not be liable
for any form of civil damages or criminal liability that
directly or indirectly results from, or is caused by, the
release of subscriber information to any governmental entity as
required under the provisions of this Act, unless the release
constitutes gross negligence, recklessness, or intentional
misconduct.
(b) Exemption from civil liability for emergency
instructions is as provided in the Good Samaritan Act.
(c) This Section may not be offered as a defense in any
judicial proceeding brought by the Attorney General under
Section 12 to compel compliance with this Act.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
Sec. 15.2. Any person calling the number "911" for the
purpose of making a false alarm or complaint and reporting
false information is subject to the provisions of Section 26-1
of the Criminal Code of 2012.
(Source: P.A. 97-1150, eff. 1-25-13.)
(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
Sec. 15.2a. The installation of or connection to a
telephone company's network of any automatic alarm, automatic
alerting device, or mechanical dialer that causes the number
9-1-1 to be dialed in order to directly access emergency
services is prohibited in a 9-1-1 system.
This Section does not apply to a person who connects to a
9-1-1 network using automatic crash notification technology
subject to an established protocol.
This Section does not apply to devices used to enable
access to the 9-1-1 system for cognitively-impaired or special
needs persons or for persons with disabilities in an emergency
situation reported by a caregiver after initiating a missing
person's report. The device must have the capability to be
activated and controlled remotely by trained personnel at a
service center to prevent falsely activated or repeated calls
to the 9-1-1 system in a single incident. The device must have
the technical capability to generate location information to
the 9-1-1 system. Under no circumstances shall a device be sold
for use in a geographical jurisdiction where the 9-1-1 system
has not deployed wireless phase II location technology. The
alerting device shall also provide for either 2-way
communication or send a pre-recorded message to a 9-1-1
provider explaining the nature of the emergency so that the
9-1-1 provider will be able to dispatch the appropriate
emergency responder.
Violation of this Section is a Class A misdemeanor. A
second or subsequent violation of this Section is a Class 4
felony.
(Source: P.A. 99-143, eff. 7-27-15.)
(50 ILCS 750/15.2b)
Sec. 15.2b. Emergency telephone number; advertising. No
person or private entity may advertise or otherwise publicize
the availability of services provided by a specific provider
and indicate that a consumer should obtain access to services
provided by a specific provider by use of the emergency
telephone number (9-1-1).
(Source: P.A. 88-497.)
(50 ILCS 750/15.2c)
Sec. 15.2c. Call boxes. No carrier shall be required to
provide a call box. For purposes of this Section, the term
"call box" means a device that is normally mounted to an
outside wall of the serving telecommunications carrier central
office and designed to provide emergency on-site answering by
authorized personnel at the central office location in the
event a central office is isolated from the 9-1-1 network.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
Sec. 15.3. Local non-wireless surcharge.
(a) Except as provided in subsection (l) of this Section,
the corporate authorities of any municipality or any county
may, subject to the limitations of subsections (c), (d), and
(h), and in addition to any tax levied pursuant to the
Simplified Municipal Telecommunications Tax Act, impose a
monthly surcharge on billed subscribers of network connection
provided by telecommunication carriers engaged in the business
of transmitting messages by means of electricity originating
within the corporate limits of the municipality or county
imposing the surcharge at a rate per network connection
determined in accordance with subsection (c), however the
monthly surcharge shall not apply to a network connection
provided for use with pay telephone services. Provided,
however, that where multiple voice grade communications
channels are connected between the subscriber's premises and a
public switched network through private branch exchange (PBX)
or centrex type service, a municipality imposing a surcharge at
a rate per network connection, as determined in accordance with
this Act, shall impose:
(i) in a municipality with a population of 500,000 or
less or in any county, 5 such surcharges per network
connection, as defined under Section 2 determined in
accordance with subsections (a) and (d) of Section 2.12 of
this Act, for both regular service and advanced service
provisioned trunk lines;
(ii) in a municipality with a population, prior to
March 1, 2010, of 500,000 or more, 5 surcharges per network
connection, as defined under Section 2 determined in
accordance with subsections (a) and (d) of Section 2.12 of
this Act, for both regular service and advanced service
provisioned trunk lines;
(iii) in a municipality with a population, as of March
1, 2010, of 500,000 or more, 5 surcharges per network
connection, as defined under Section 2 determined in
accordance with subsections (a) and (d) of Section 2.12 of
this Act, for regular service provisioned trunk lines, and
12 surcharges per network connection, as defined under
Section 2 determined in accordance with subsections (a) and
(d) of Section 2.12 of this Act, for advanced service
provisioned trunk lines, except where an advanced service
provisioned trunk line supports at least 2 but fewer than
23 simultaneous voice grade calls ("VGC's"), a
telecommunication carrier may elect to impose fewer than 12
surcharges per trunk line as provided in subsection (iv) of
this Section; or
(iv) for an advanced service provisioned trunk line
connected between the subscriber's premises and the public
switched network through a P.B.X., where the advanced
service provisioned trunk line is capable of transporting
at least 2 but fewer than 23 simultaneous VGC's per trunk
line, the telecommunications carrier collecting the
surcharge may elect to impose surcharges in accordance with
the table provided in this Section, without limiting any
telecommunications carrier's obligations to otherwise keep
and maintain records. Any telecommunications carrier
electing to impose fewer than 12 surcharges per an advanced
service provisioned trunk line shall keep and maintain
records adequately to demonstrate the VGC capability of
each advanced service provisioned trunk line with fewer
than 12 surcharges imposed, provided that 12 surcharges
shall be imposed on an advanced service provisioned trunk
line regardless of the VGC capability where a
telecommunications carrier cannot demonstrate the VGC
capability of the advanced service provisioned trunk line.
Facility VGC's 911 Surcharges
Advanced service provisioned trunk line 18-23 12
Advanced service provisioned trunk line 12-17 10
Advanced service provisioned trunk line 2-11 8
Subsections (i), (ii), (iii), and (iv) are not intended to
make any change in the meaning of this Section, but are
intended to remove possible ambiguity, thereby confirming the
intent of paragraph (a) as it existed prior to and following
the effective date of this amendatory Act of the 97th General
Assembly.
For mobile telecommunications services, if a surcharge is
imposed it shall be imposed based upon the municipality or
county that encompasses the customer's place of primary use as
defined in the Mobile Telecommunications Sourcing Conformity
Act. A municipality may enter into an intergovernmental
agreement with any county in which it is partially located,
when the county has adopted an ordinance to impose a surcharge
as provided in subsection (c), to include that portion of the
municipality lying outside the county in that county's
surcharge referendum. If the county's surcharge referendum is
approved, the portion of the municipality identified in the
intergovernmental agreement shall automatically be
disconnected from the county in which it lies and connected to
the county which approved the referendum for purposes of a
surcharge on telecommunications carriers.
(b) For purposes of computing the surcharge imposed by
subsection (a), the network connections to which the surcharge
shall apply shall be those in-service network connections,
other than those network connections assigned to the
municipality or county, where the service address for each such
network connection or connections is located within the
corporate limits of the municipality or county levying the
surcharge. Except for mobile telecommunication services, the
"service address" shall mean the location of the primary use of
the network connection or connections. For mobile
telecommunication services, "service address" means the
customer's place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act.
(c) Upon the passage of an ordinance to impose a surcharge
under this Section the clerk of the municipality or county
shall certify the question of whether the surcharge may be
imposed to the proper election authority who shall submit the
public question to the electors of the municipality or county
in accordance with the general election law; provided that such
question shall not be submitted at a consolidated primary
election. The public question shall be in substantially the
following form:
-------------------------------------------------------------
Shall the county (or city, village
or incorporated town) of ..... impose YES
a surcharge of up to ... per month per
network connection, which surcharge will
be added to the monthly bill you receive ------------------
for telephone or telecommunications
charges, for the purpose of installing
(or improving) a 9-1-1 Emergency NO
Telephone System?
-------------------------------------------------------------
If a majority of the votes cast upon the public question
are in favor thereof, the surcharge shall be imposed.
However, if a Joint Emergency Telephone System Board is to
be created pursuant to an intergovernmental agreement under
Section 15.4, the ordinance to impose the surcharge shall be
subject to the approval of a majority of the total number of
votes cast upon the public question by the electors of all of
the municipalities or counties, or combination thereof, that
are parties to the intergovernmental agreement.
The referendum requirement of this subsection (c) shall not
apply to any municipality with a population over 500,000 or to
any county in which a proposition as to whether a sophisticated
9-1-1 Emergency Telephone System should be installed in the
county, at a cost not to exceed a specified monthly amount per
network connection, has previously been approved by a majority
of the electors of the county voting on the proposition at an
election conducted before the effective date of this amendatory
Act of 1987.
(d) A county may not impose a surcharge, unless requested
by a municipality, in any incorporated area which has
previously approved a surcharge as provided in subsection (c)
or in any incorporated area where the corporate authorities of
the municipality have previously entered into a binding
contract or letter of intent with a telecommunications carrier
to provide sophisticated 9-1-1 service through municipal
funds.
(e) A municipality or county may at any time by ordinance
change the rate of the surcharge imposed under this Section if
the new rate does not exceed the rate specified in the
referendum held pursuant to subsection (c).
(f) The surcharge authorized by this Section shall be
collected from the subscriber by the telecommunications
carrier providing the subscriber the network connection as a
separately stated item on the subscriber's bill.
(g) The amount of surcharge collected by the
telecommunications carrier shall be paid to the particular
municipality or county or Joint Emergency Telephone System
Board not later than 30 days after the surcharge is collected,
net of any network or other 9-1-1 or sophisticated 9-1-1 system
charges then due the particular telecommunications carrier, as
shown on an itemized bill. The telecommunications carrier
collecting the surcharge shall also be entitled to deduct 3% of
the gross amount of surcharge collected to reimburse the
telecommunications carrier for the expense of accounting and
collecting the surcharge.
(h) Except as expressly provided in subsection (a) of this
Section, on or after the effective date of this amendatory Act
of the 98th General Assembly and until December 31, 2017, July
1, 2017, a municipality with a population of 500,000 or more
shall not impose a monthly surcharge per network connection in
excess of the highest monthly surcharge imposed as of January
1, 2014 by any county or municipality under subsection (c) of
this Section. Beginning January 1, 2018 and until December 31,
2020, a municipality with a population over 500,000 may not
impose a monthly surcharge in excess of $5.00 per network
connection. On or after January 1, 2021, July 1, 2017, a
municipality with a population over 500,000 may not impose a
monthly surcharge in excess of $2.50 per network connection.
(i) Any municipality or county or joint emergency telephone
system board that has imposed a surcharge pursuant to this
Section prior to the effective date of this amendatory Act of
1990 shall hereafter impose the surcharge in accordance with
subsection (b) of this Section.
(j) The corporate authorities of any municipality or county
may issue, in accordance with Illinois law, bonds, notes or
other obligations secured in whole or in part by the proceeds
of the surcharge described in this Section. The State of
Illinois pledges and agrees that it will not limit or alter the
rights and powers vested in municipalities and counties by this
Section to impose the surcharge so as to impair the terms of or
affect the security for bonds, notes or other obligations
secured in whole or in part with the proceeds of the surcharge
described in this Section. The pledge and agreement set forth
in this Section survive the termination of the surcharge under
subsection (l) by virtue of the replacement of the surcharge
monies guaranteed under Section 20; the State of Illinois
pledges and agrees that it will not limit or alter the rights
vested in municipalities and counties to the surcharge
replacement funds guaranteed under Section 20 so as to impair
the terms of or affect the security for bonds, notes or other
obligations secured in whole or in part with the proceeds of
the surcharge described in this Section.
(k) Any surcharge collected by or imposed on a
telecommunications carrier pursuant to this Section shall be
held to be a special fund in trust for the municipality, county
or Joint Emergency Telephone Board imposing the surcharge.
Except for the 3% deduction provided in subsection (g) above,
the special fund shall not be subject to the claims of
creditors of the telecommunication carrier.
(l) On and after the effective date of this amendatory Act
of the 99th General Assembly, no county or municipality, other
than a municipality with a population over 500,000, may impose
a monthly surcharge under this Section in excess of the amount
imposed by it on the effective date of this Act. Any surcharge
imposed pursuant to this Section by a county or municipality,
other than a municipality with a population in excess of
500,000, shall cease to be imposed on January 1, 2016.
(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
(50 ILCS 750/15.3a)
Sec. 15.3a. Local wireless surcharge.
(a) Notwithstanding any other provision of this Act, a unit
of local government or emergency telephone system board
providing wireless 9-1-1 service and imposing and collecting a
wireless carrier surcharge prior to July 1, 1998 may continue
its practices of imposing and collecting its wireless carrier
surcharge, but, except as provided in subsection (b) of this
Section, in no event shall that monthly surcharge exceed $2.50
per commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis. For
mobile telecommunications services provided on and after
August 1, 2002, any surcharge imposed shall be imposed based
upon the municipality or county that encompasses the customer's
place of primary use as defined in the Mobile
Telecommunications Sourcing Conformity Act.
(b) Until December 31, 2017, July 1, 2017, the corporate
authorities of a municipality with a population in excess of
500,000 on the effective date of this amendatory Act of the
99th General Assembly may by ordinance continue to impose and
collect a monthly surcharge per commercial mobile radio service
(CMRS) connection or in-service telephone number billed on a
monthly basis that does not exceed the highest monthly
surcharge imposed as of January 1, 2014 by any county or
municipality under subsection (c) of Section 15.3 of this Act.
Beginning January 1, 2018, and until December 31, 2020, a
municipality with a population in excess of 500,000 may by
ordinance continue to impose and collect a monthly surcharge
per commercial mobile radio service (CMRS) connection or
in-service telephone number billed on a monthly basis that does
not exceed $5.00. On or after January 1, 2021, July 1, 2017,
the municipality may continue imposing and collecting its
wireless carrier surcharge as provided in and subject to the
limitations of subsection (a) of this Section.
(c) In addition to any other lawful purpose, a municipality
with a population over 500,000 may use the moneys collected
under this Section for any anti-terrorism or emergency
preparedness measures, including, but not limited to,
preparedness planning, providing local matching funds for
federal or State grants, personnel training, and specialized
equipment, including surveillance cameras, as needed to deal
with natural and terrorist-inspired emergency situations or
events.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
Sec. 15.4. Emergency Telephone System Board; powers.
(a) Except as provided in subsection (e) of this Section,
the corporate authorities of any county or municipality may
establish an Emergency Telephone System Board.
The corporate authorities shall provide for the manner of
appointment and the number of members of the Board, provided
that the board shall consist of not fewer than 5 members, one
of whom must be a public member who is a resident of the local
exchange service territory included in the 9-1-1 coverage area,
one of whom (in counties with a population less than 100,000)
may be a member of the county board, and at least 3 of whom
shall be representative of the 9-1-1 public safety agencies,
including but not limited to police departments, fire
departments, emergency medical services providers, and
emergency services and disaster agencies, and appointed on the
basis of their ability or experience. In counties with a
population of more than 100,000 but less than 2,000,000, a
member of the county board may serve on the Emergency Telephone
System Board. Elected officials, including members of a county
board, are also eligible to serve on the board. Members of the
board shall serve without compensation but shall be reimbursed
for their actual and necessary expenses. Any 2 or more
municipalities, counties, or combination thereof, may, instead
of establishing individual boards, establish by
intergovernmental agreement a Joint Emergency Telephone System
Board pursuant to this Section. The manner of appointment of
such a joint board shall be prescribed in the agreement. On or
after the effective date of this amendatory Act of the 100th
General Assembly, any new intergovernmental agreement entered
into to establish or join a Joint Emergency Telephone System
Board shall provide for the appointment of a PSAP
representative to the board.
Upon the effective date of this amendatory Act of the 98th
General Assembly, appointed members of the Emergency Telephone
System Board shall serve staggered 3-year terms if: (1) the
Board serves a county with a population of 100,000 or less; and
(2) appointments, on the effective date of this amendatory Act
of the 98th General Assembly, are not for a stated term. The
corporate authorities of the county or municipality shall
assign terms to the board members serving on the effective date
of this amendatory Act of the 98th General Assembly in the
following manner: (1) one-third of board members' terms shall
expire on January 1, 2015; (2) one-third of board members'
terms shall expire on January 1, 2016; and (3) remaining board
members' terms shall expire on January 1, 2017. Board members
may be re-appointed upon the expiration of their terms by the
corporate authorities of the county or municipality.
The corporate authorities of a county or municipality may,
by a vote of the majority of the members elected, remove an
Emergency Telephone System Board member for misconduct,
official misconduct, or neglect of office.
(b) The powers and duties of the board shall be defined by
ordinance of the municipality or county, or by
intergovernmental agreement in the case of a joint board. The
powers and duties shall include, but need not be limited to the
following:
(1) Planning a 9-1-1 system.
(2) Coordinating and supervising the implementation,
upgrading, or maintenance of the system, including the
establishment of equipment specifications and coding
systems.
(3) Receiving moneys from the surcharge imposed under
Section 15.3, or disbursed to it under Section 30, and from
any other source, for deposit into the Emergency Telephone
System Fund.
(4) Authorizing all disbursements from the fund.
(5) Hiring any staff necessary for the implementation
or upgrade of the system.
(6) (Blank).
(c) All moneys received by a board pursuant to a surcharge
imposed under Section 15.3, or disbursed to it under Section
30, shall be deposited into a separate interest-bearing
Emergency Telephone System Fund account. The treasurer of the
municipality or county that has established the board or, in
the case of a joint board, any municipal or county treasurer
designated in the intergovernmental agreement, shall be
custodian of the fund. All interest accruing on the fund shall
remain in the fund. No expenditures may be made from such fund
except upon the direction of the board by resolution passed by
a majority of all members of the board.
(d) The board shall complete a Master Street Address Guide
database before implementation of the 9-1-1 system. The error
ratio of the database shall not at any time exceed 1% of the
total database.
(e) On and after January 1, 2016, no municipality or county
may create an Emergency Telephone System Board unless the board
is a Joint Emergency Telephone System Board. The corporate
authorities of any county or municipality entering into an
intergovernmental agreement to create or join a Joint Emergency
Telephone System Board shall rescind an the ordinance or
ordinances creating a single the original Emergency Telephone
System Board and shall eliminate the single Emergency Telephone
System Board, effective upon the creation of the Joint
Emergency Telephone System Board, with regulatory approval by
the Administrator, or joining of the Joint Emergency Telephone
System Board. Nothing in this Section shall be construed to
require the dissolution of an Emergency Telephone System Board
that is not succeeded by a Joint Emergency Telephone System
Board or is not required to consolidate under Section 15.4a of
this Act.
(f) Within one year after the effective date of this
amendatory Act of the 100th General Assembly, any corporate
authorities of a county or municipality, other than a
municipality with a population of more than 500,000, operating
a 9-1-1 system without an Emergency Telephone System Board or
Joint Emergency Telephone System Board shall create or join a
Joint Emergency Telephone System Board.
(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.)
(50 ILCS 750/15.4a)
Sec. 15.4a. Consolidation.
(a) By July 1, 2017, and except as otherwise provided in
this Section, Emergency Telephone System Boards, Joint
Emergency Telephone System Boards, qualified governmental
entities, and PSAPs shall be consolidated as follows, subject
to subsections (b) and (c) of this Section:
(1) In any county with a population of at least 250,000
that has a single Emergency Telephone System Board, or
qualified governmental entity and more than 2 PSAPs, shall
reduce the number of PSAPs by at least 50% or to 2 PSAPs,
whichever is greater. Nothing in this paragraph shall
preclude consolidation resulting in one PSAP in the county.
(2) In any county with a population of at least 250,000
that has more than one Emergency Telephone System Board,
Joint Emergency Telephone System Board, or qualified
governmental entity, any 9-1-1 Authority serving a
population of less than 25,000 shall be consolidated such
that no 9-1-1 Authority in the county serves a population
of less than 25,000.
(3) In any county with a population of at least 250,000
but less than 1,000,000 that has more than one Emergency
Telephone System Board, Joint Emergency Telephone System
Board, or qualified governmental entity, each 9-1-1
Authority shall reduce the number of PSAPs by at least 50%
or to 2 PSAPs, whichever is greater. Nothing in this
paragraph shall preclude consolidation of a 9-1-1
Authority into a Joint Emergency Telephone System Board,
and nothing in this paragraph shall preclude consolidation
resulting in one PSAP in the county.
(4) In any county with a population of less than
250,000 that has a single Emergency Telephone System Board
or qualified governmental entity and more than 2 PSAPs, the
9-1-1 Authority shall reduce the number of PSAPs by at
least 50% or to 2 PSAPs, whichever is greater. Nothing in
this paragraph shall preclude consolidation resulting in
one PSAP in the county.
(5) In any county with a population of less than
250,000 that has more than one Emergency Telephone System
Board, Joint Emergency Telephone System Board, or
qualified governmental entity and more than 2 PSAPS, the
9-1-1 Authorities shall be consolidated into a single joint
board, and the number of PSAPs shall be reduced by at least
50% or to 2 PSAPs, whichever is greater. Nothing in this
paragraph shall preclude consolidation resulting in one
PSAP in the county.
(6) Any 9-1-1 Authority that does not have a PSAP
within its jurisdiction shall be consolidated through an
intergovernmental agreement with an existing 9-1-1
Authority that has a PSAP to create a Joint Emergency
Telephone Board.
(7) The corporate authorities of each county that has
no 9-1-1 service as of January 1, 2016 shall provide
enhanced 9-1-1 wireline and wireless enhanced 9-1-1
service for that county by either (i) entering into an
intergovernmental agreement with an existing Emergency
Telephone System Board to create a new Joint Emergency
Telephone System Board, or (ii) entering into an
intergovernmental agreement with the corporate authorities
that have created an existing Joint Emergency Telephone
System Board.
(b) By July 1, 2016, each county required to consolidate
pursuant to paragraph (7) of subsection (a) of this Section and
each 9-1-1 Authority required to consolidate pursuant to
paragraphs (1) through (6) of subsection (a) of this Section
shall file a plan for consolidation or a request for a waiver
pursuant to subsection (c) of this Section with the Office
Division of the Statewide 9-1-1 Administrator.
(1) No county or 9-1-1 Authority may avoid the
requirements of this Section by converting primary PSAPs to
secondary or virtual answering points. Any county or 9-1-1
Authority not in compliance with this Section shall be
ineligible to receive consolidation grant funds issued
under Section 15.4b of this Act or monthly disbursements
otherwise due under Section 30 of this Act, until the
county or 9-1-1 Authority is in compliance.
(2) Within 60 calendar days of receiving a
consolidation plan, the Statewide 9-1-1 Advisory Board
shall hold at least one public hearing on the plan and
provide a recommendation to the Administrator. Notice of
the hearing shall be provided to the respective entity to
which the plan applies.
(3) Within 90 calendar days of receiving a
consolidation plan, the Administrator shall approve the
plan, approve the plan as modified, or grant a waiver
pursuant to subsection (c) of this Section. In making his
or her decision, the Administrator shall consider any
recommendation from the Statewide 9-1-1 Advisory Board
regarding the plan. If the Administrator does not follow
the recommendation of the Board, the Administrator shall
provide a written explanation for the deviation in his or
her decision.
(4) The deadlines provided in this subsection may be
extended upon agreement between the Administrator and
entity which submitted the plan.
(c) A waiver from a consolidation required under subsection
(a) of this Section may be granted if the Administrator finds
that the consolidation will result in a substantial threat to
public safety, is economically unreasonable, or is technically
infeasible.
(d) Any decision of the Administrator under this Section
shall be deemed a final administrative decision and shall be
subject to judicial review under the Administrative Review Law.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.4b)
Sec. 15.4b. Consolidation grants.
(a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
System Consolidation Grant Program to defray costs associated
with 9-1-1 system consolidation of systems outside of a
municipality with a population in excess of 500,000. The
awarded grants will be used to offset non-recurring costs
associated with the consolidation of 9-1-1 systems and shall
not be used for ongoing operating costs associated with the
consolidated system. The Department, in consultation with the
Administrator and the Statewide 9-1-1 Advisory Board, shall
adopt rules defining the grant process and criteria for issuing
the grants. The grants should be awarded based on criteria that
include, but are not limited to:
(1) reducing the number of transfers of a 9-1-1 call;
(2) reducing the infrastructure required to adequately
provide 9-1-1 network services;
(3) promoting cost savings from resource sharing among
9-1-1 systems;
(4) facilitating interoperability and resiliency for
the receipt of 9-1-1 calls;
(5) reducing the number of 9-1-1 systems or reducing
the number of PSAPs within a 9-1-1 system;
(6) cost saving resulting from 9-1-1 system
consolidation; and
(7) expanding E9-1-1 service coverage as a result of
9-1-1 system consolidation including to areas without
E9-1-1 service.
Priority shall be given first to counties not providing
9-1-1 service as of January 1, 2016, and next to other entities
consolidating as required under Section 15.4a of this Act.
(b) The 9-1-1 System Consolidation Grant application, as
defined by Department rules, shall be submitted electronically
to the Administrator starting January 2, 2016, and every
January 2 thereafter. The application shall include a modified
9-1-1 system plan as required by this Act in support of the
consolidation plan. The Administrator shall have until June 30,
2016 and every June 30 thereafter to approve 9-1-1 System
Consolidation grants and modified 9-1-1 system plans. Payment
under the approved 9-1-1 System Consolidation grants shall be
contingent upon the final approval of a modified 9-1-1 system
plan.
(c) Existing and previously completed consolidation
projects shall be eligible to apply for reimbursement of costs
related to the consolidation incurred between 2010 and the
State fiscal year of the application.
(d) The 9-1-1 systems that receive grants under this
Section shall provide a report detailing grant fund usage to
the Administrator pursuant to Section 40 of this Act.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.5)
Sec. 15.5. Private residential switch service 9-1-1
service.
(a) After June 30, 1995, an entity that provides or
operates private residential switch service and provides
telecommunications facilities or services to residents shall
provide to those residential end users the same level of 9-1-1
service as the public agency and the telecommunications carrier
are providing to other residential end users of the local 9-1-1
system. This service shall include, but not be limited to, the
capability to identify the telephone number, extension number,
and the physical location that is the source of the call to the
number designated as the emergency telephone number.
(b) The private residential switch operator is responsible
for forwarding end user automatic location identification
record information to the 9-1-1 system provider according to
the format, frequency, and procedures established by that
system provider.
(c) This Act does not apply to any PBX telephone extension
that uses radio transmissions to convey electrical signals
directly between the telephone extension and the serving PBX.
(d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Department or on his or
her own initiative, or any other interested person, from
seeking judicial relief, by mandamus, injunction, or
otherwise, to compel compliance with this Section.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.6)
Sec. 15.6. Enhanced 9-1-1 service; business service.
(a) After June 30, 2000, or within 18 months after enhanced
9-1-1 service becomes available, any entity that installs or
operates a private business switch service and provides
telecommunications facilities or services to businesses shall
assure that the system is connected to the public switched
network in a manner that calls to 9-1-1 result in automatic
number and location identification. For buildings having their
own street address and containing workspace of 40,000 square
feet or less, location identification shall include the
building's street address. For buildings having their own
street address and containing workspace of more than 40,000
square feet, location identification shall include the
building's street address and one distinct location
identification per 40,000 square feet of workspace. Separate
buildings containing workspace of 40,000 square feet or less
having a common public street address shall have a distinct
location identification for each building in addition to the
street address.
(b) Exemptions. Buildings containing workspace of more
than 40,000 square feet are exempt from the multiple location
identification requirements of subsection (a) if the building
maintains, at all times, alternative and adequate means of
signaling and responding to emergencies. Those means shall
include, but not be limited to, a telephone system that
provides the physical location of 9-1-1 calls coming from
within the building. Health care facilities are presumed to
meet the requirements of this paragraph if the facilities are
staffed with medical or nursing personnel 24 hours per day and
if an alternative means of providing information about the
source of an emergency call exists. Buildings under this
exemption must provide 9-1-1 service that provides the
building's street address.
Buildings containing workspace of more than 40,000 square
feet are exempt from subsection (a) if the building maintains,
at all times, alternative and adequate means of signaling and
responding to emergencies, including a telephone system that
provides the location of a 9-1-1 call coming from within the
building, and the building is serviced by its own medical, fire
and security personnel. Buildings under this exemption are
subject to emergency phone system certification by the
Administrator.
Buildings in communities not serviced by enhanced 9-1-1
service are exempt from subsection (a).
Correctional institutions and facilities, as defined in
subsection (d) of Section 3-1-2 of the Unified Code of
Corrections, are exempt from subsection (a).
(c) This Act does not apply to any PBX telephone extension
that uses radio transmissions to convey electrical signals
directly between the telephone extension and the serving PBX.
(d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Department or on his or
her own initiative, or any other interested person, from
seeking judicial relief, by mandamus, injunction, or
otherwise, to compel compliance with this Section.
(f) The Department may promulgate rules for the
administration of this Section.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.6a)
Sec. 15.6a. Wireless emergency 9-1-1 service.
(a) The digits "9-1-1" shall be the designated emergency
telephone number within the wireless system.
(b) The Department may set non-discriminatory and uniform
technical and operational standards consistent with the rules
of the Federal Communications Commission for directing calls to
authorized public safety answering points. These standards
shall not in any way prescribe the technology or manner a
wireless carrier shall use to deliver wireless 9-1-1 or
wireless E9-1-1 calls, and these standards shall not exceed the
requirements set by the Federal Communications Commission;
however, standards for directing calls to the authorized public
safety answering point shall be included. The authority given
to the Department in this Section is limited to setting
standards as set forth herein and does not constitute authority
to regulate wireless carriers.
(c) For the purpose of providing wireless 9-1-1 emergency
services, an emergency telephone system board or, in the
absence of an emergency telephone system board, a qualified
governmental entity, may declare its intention for one or more
of its public safety answering points to serve as a primary
wireless 9-1-1 public safety answering point for its
jurisdiction by notifying the Administrator in writing within 6
months after receiving its authority to operate a 9-1-1 system
under this Act. In addition, 2 or more emergency telephone
system boards or qualified governmental entities may, by virtue
of an intergovernmental agreement, provide wireless 9-1-1
service. Until the jurisdiction comes into compliance with
Section 15.4a of this Act, the The Department of State Police
shall be the primary wireless 9-1-1 public safety answering
point for any jurisdiction that did not provide notice to the
Illinois Commerce Commission and the Department prior to
January 1, 2016.
(d) The Administrator, upon a request from a qualified
governmental entity or an emergency telephone system board and
with the advice and recommendation of the Statewide 9-1-1
Advisory Board, may grant authority to the emergency telephone
system board or a qualified governmental entity to provide
wireless 9-1-1 service in areas for which the Department has
accepted wireless 9-1-1 responsibility. The Administrator
shall maintain a current list of all 9-1-1 systems and
qualified governmental entities providing wireless 9-1-1
service under this Act.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.6b)
Sec. 15.6b. Next Generation 9-1-1 service.
(a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall develop and
implement a plan for a statewide Next Generation 9-1-1 network.
The Next Generation 9-1-1 network must be an Internet
protocol-based platform that at a minimum provides:
(1) improved 9-1-1 call delivery;
(2) enhanced interoperability;
(3) increased ease of communication between 9-1-1
service providers, allowing immediate transfer of 9-1-1
calls, caller information, photos, and other data
statewide;
(4) a hosted solution with redundancy built in; and
(5) compliance with NENA Standards i3 Solution 08-003.
(b) By July 1, 2016, the Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
design and issue a competitive request for a proposal to secure
the services of a consultant to complete a feasibility study on
the implementation of a statewide Next Generation 9-1-1 network
in Illinois. By July 1, 2017, the consultant shall complete the
feasibility study and make recommendations as to the
appropriate procurement approach for developing a statewide
Next Generation 9-1-1 network.
(c) Within 12 months of the final report from the
consultant under subsection (b) of this Section, the Department
shall procure and finalize a contract with a vendor certified
under Section 13-900 of the Public Utilities Act to establish a
statewide Next Generation 9-1-1 network. By July 1, 2020, the
vendor shall implement a Next Generation 9-1-1 network that
allows 9-1-1 systems providing 9-1-1 service to Illinois
residents to access the system utilizing their current
infrastructure if it meets the standards adopted by the
Department.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.7)
Sec. 15.7. Compliance with certification of 9-1-1 system
providers by the Illinois Commerce Commission. In addition to
the requirements of this Act, all 9-1-1 system providers must
comply with the requirements of Section 13-900 of the Public
Utilities Act.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/15.8)
Sec. 15.8. 9-1-1 dialing from a business.
(a) Any entity that installs or operates a private business
switch service and provides telecommunications facilities or
services to businesses shall ensure that all systems installed
on or after July 1, 2015 (the effective date of Public Act
98-875) are connected to the public switched network in a
manner such that when a user dials "9-1-1", the emergency call
connects to the 9-1-1 system without first dialing any number
or set of numbers.
(b) The requirements of this Section do not apply to:
(1) any entity certified by the Illinois Commerce
Commission to operate a Private Emergency Answering Point
as defined in 83 Ill. Adm. Code 726.105; or
(2) correctional institutions and facilities as
defined in subsection (d) of Section 3-1-2 of the Unified
Code of Corrections.
(c) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(Source: P.A. 98-875, eff. 7-1-15; 99-6, eff. 1-1-16.)
(50 ILCS 750/16) (from Ch. 134, par. 46)
Sec. 16. This Act takes effect July 1, 1975.
(Source: P.A. 79-1092.)
(50 ILCS 750/17.5 new)
Sec. 17.5. 9-1-1 call transfer, forward, or relay.
(a) The General Assembly finds the following:
(1) Some 9-1-1 systems throughout this State do not
have a procedure in place to manually transfer, forward, or
relay 9-1-1 calls originating within one 9-1-1 system's
jurisdiction, but which should properly be answered and
dispatched by another 9-1-1 system, to the appropriate
9-1-1 system for answering and dispatch of first
responders.
(2) On January 1, 2016, the General Assembly gave
oversight authority of 9-1-1 systems to the Department of
State Police.
(3) Since that date, the Department of State Police has
authorized individual 9-1-1 systems in counties and
municipalities to implement and upgrade enhanced 9-1-1
systems throughout the State.
(b) The Department shall prepare a directory of all
authorized 9-1-1 systems in the State. The directory shall
include an emergency 24/7 10-digit telephone number for all
primary public safety answering points located in each 9-1-1
system to which 9-1-1 calls from another jurisdiction can be
transferred. This directory shall be made available to each
9-1-1 authority for its use in establishing standard operating
procedures regarding calls outside its 9-1-1 jurisdiction.
(c) Each 9-1-1 system shall provide the Department with the
following information:
(1) The name of the PSAP, a list of every participating
agency, and the county the PSAP is in, including college
and university public safety entities.
(2) The 24/7 10-digit emergency telephone number and
email address for the dispatch agency to which 9-1-1 calls
originating in another 9-1-1 jurisdiction can be
transferred or by which the PSAP can be contacted via email
to exchange information. Each 9-1-1 system shall provide
the Department with any changes to the participating
agencies and this number and email address immediately upon
the change occurring. Each 9-1-1 system shall provide the
PSAP information, the 24/7 10-digit emergency telephone
number and email address to the Manager of the Department's
9-1-1 Program within 30 days of the effective date of this
amendatory Act of the 100th General Assembly.
(3) The standard operating procedure describing the
manner in which the 9-1-1 system will transfer, forward, or
relay 9-1-1 calls originating within its jurisdiction, but
which should properly be answered and dispatched by another
9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1
system shall provide the standard operating procedures to
the Manager of the Department's 9-1-1 Program within 180
days after the effective date of this amendatory Act of the
100th General Assembly.
(50 ILCS 750/19)
Sec. 19. Statewide 9-1-1 Advisory Board.
(a) Beginning July 1, 2015, there is created the Statewide
9-1-1 Advisory Board within the Department of State Police. The
Board shall consist of the following 11 voting members:
(1) The Director of the State Police, or his or her
designee, who shall serve as chairman.
(2) The Executive Director of the Commission, or his or
her designee.
(3) Nine members appointed by the Governor as follows:
(A) one member representing the Illinois chapter
of the National Emergency Number Association, or his or
her designee;
(B) one member representing the Illinois chapter
of the Association of Public-Safety Communications
Officials, or his or her designee;
(C) one member representing a county 9-1-1 system
from a county with a population of less than 50,000;
(D) one member representing a county 9-1-1 system
from a county with a population between 50,000 and
250,000;
(E) one member representing a county 9-1-1 system
from a county with a population of more than 250,000;
(F) one member representing a municipality with a
population of less than 500,000 in a county with a
population in excess of 2,000,000;
(G) one member representing the Illinois
Association of Chiefs of Police;
(H) one member representing the Illinois Sheriffs'
Association; and
(I) one member representing the Illinois Fire
Chiefs Association.
The Governor shall appoint the following non-voting
members: (i) one member representing an incumbent local
exchange 9-1-1 system provider; (ii) one member representing a
non-incumbent local exchange 9-1-1 system provider; (iii) one
member representing a large wireless carrier; (iv) one member
representing an incumbent local exchange a small wireless
carrier; and (v) one member representing the Illinois
Telecommunications Association; (vi) one member representing
the Cable Television and Communication Association of
Illinois; and (vii) one member representing the Illinois State
Ambulance Association. The Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, and the Minority
Leader of the Senate may each appoint a member of the General
Assembly to temporarily serve as a non-voting member of the
Board during the 12 months prior to the repeal date of this Act
to discuss legislative initiatives of the Board.
(b) The Governor shall make initial appointments to the
Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
voting members appointed by the Governor shall serve an initial
term of 2 years, and the remaining voting members appointed by
the Governor shall serve an initial term of 3 years.
Thereafter, each appointment by the Governor shall be for a
term of 3 years. Non-voting members shall serve for a term of 3
years. Vacancies shall be filled in the same manner as the
original appointment. Persons appointed to fill a vacancy shall
serve for the balance of the unexpired term.
Members of the Statewide 9-1-1 Advisory Board shall serve
without compensation.
(c) The 9-1-1 Services Advisory Board, as constituted on
June 1, 2015 without the legislative members, shall serve in
the role of the Statewide 9-1-1 Advisory Board until all
appointments of voting members have been made by the Governor
under subsection (a) of this Section.
(d) The Statewide 9-1-1 Advisory Board shall:
(1) advise the Department of State Police and the
Statewide 9-1-1 Administrator on the oversight of 9-1-1
systems and the development and implementation of a uniform
statewide 9-1-1 system;
(2) make recommendations to the Governor and the
General Assembly regarding improvements to 9-1-1 services
throughout the State; and
(3) exercise all other powers and duties provided in
this Act.
(e) The Statewide 9-1-1 Advisory Board shall submit to the
General Assembly a report by March 1 of each year providing an
update on the transition to a statewide 9-1-1 system and
recommending any legislative action.
(f) The Department of State Police shall provide
administrative support to the Statewide 9-1-1 Advisory Board.
(Source: P.A. 99-6, eff. 6-29-15.)
(50 ILCS 750/20)
Sec. 20. Statewide surcharge.
(a) On and after January 1, 2016, and except with respect
to those customers who are subject to surcharges as provided in
Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
be imposed on all customers of telecommunications carriers and
wireless carriers as follows:
(1) Each telecommunications carrier shall impose a
monthly surcharge of $0.87 per network connection;
provided, however, the monthly surcharge shall not apply to
a network connection provided for use with pay telephone
services. Where multiple voice grade communications
channels are connected between the subscriber's premises
and a public switched network through private branch
exchange (PBX), or centrex type service, or other multiple
voice grade communication channels facility, there shall
be imposed 5 such surcharges per network connection for
both regular service and advanced service provisioned
trunk lines. Until December 31, 2017, the surcharge shall
be $0.87 per network connection and on and after January 1,
2018, the surcharge shall be $1.50 per network connection.
(2) Each wireless carrier shall impose and collect a
monthly surcharge of $0.87 per CMRS connection that either
has a telephone number within an area code assigned to
Illinois by the North American Numbering Plan
Administrator or has a billing address in this State. Until
December 31, 2017, the surcharge shall be $0.87 per
connection and on and after January 1, 2018, the surcharge
shall be $1.50 per connection.
(b) State and local taxes shall not apply to the surcharges
imposed under this Section.
(c) The surcharges imposed by this Section shall be stated
as a separately stated item on subscriber bills.
(d) The telecommunications carrier collecting the
surcharge may deduct and retain an amount not to exceed shall
also be entitled to deduct 3% of the gross amount of surcharge
collected to reimburse the telecommunications carrier for the
expense of accounting and collecting the surcharge. On and
after July 1, 2022, the wireless carrier collecting a surcharge
under this Section may deduct and retain an amount not to
exceed shall be entitled to deduct up to 3% of the gross amount
of the surcharge collected to reimburse the wireless carrier
for the expense of accounting and collecting the surcharge.
(e) Surcharges imposed under this Section shall be
collected by the carriers and shall be remitted to the
Department, within 30 days of collection, remitted, either by
check or electronic funds transfer, by the end of the next
calendar month after the calendar month in which it was
collected to the Department for deposit into the Statewide
9-1-1 Fund. Carriers are not required to remit surcharge moneys
that are billed to subscribers but not yet collected.
The first remittance by wireless carriers shall include the
number of subscribers by zip code, and the 9-digit zip code if
currently being used or later implemented by the carrier, that
shall be the means by which the Department shall determine
distributions from the Statewide 9-1-1 Fund. This information
shall be updated at least once each year. Any carrier that
fails to provide the zip code information required under this
subsection (e) shall be subject to the penalty set forth in
subsection (g) of this Section.
(f) If, within 8 calendar 5 business days after it is due
under subsection (e) of this Section, a carrier does not remit
the surcharge or any portion thereof required under this
Section, then the surcharge or portion thereof shall be deemed
delinquent until paid in full, and the Department may impose a
penalty against the carrier in an amount equal to the greater
of:
(1) $25 for each month or portion of a month from the
time an amount becomes delinquent until the amount is paid
in full; or
(2) an amount equal to the product of 1% and the sum of
all delinquent amounts for each month or portion of a month
that the delinquent amounts remain unpaid.
A penalty imposed in accordance with this subsection (f)
for a portion of a month during which the carrier pays the
delinquent amount in full shall be prorated for each day of
that month that the delinquent amount was paid in full. Any
penalty imposed under this subsection (f) is in addition to the
amount of the delinquency and is in addition to any other
penalty imposed under this Section.
(g) If, within 8 calendar 5 business days after it is due,
a wireless carrier does not provide the number of subscribers
by zip code as required under subsection (e) of this Section,
then the report is deemed delinquent and the Department may
impose a penalty against the carrier in an amount equal to the
greater of:
(1) $25 for each month or portion of a month that the
report is delinquent; or
(2) an amount equal to the product of $0.01 and the
number of subscribers served by the carrier for each month
or portion of a month that the delinquent report is not
provided.
A penalty imposed in accordance with this subsection (g)
for a portion of a month during which the carrier provides the
number of subscribers by zip code as required under subsection
(e) of this Section shall be prorated for each day of that
month during which the carrier had not provided the number of
subscribers by zip code as required under subsection (e) of
this Section. Any penalty imposed under this subsection (g) is
in addition to any other penalty imposed under this Section.
(h) A penalty imposed and collected in accordance with
subsection (f) or (g) of this Section shall be deposited into
the Statewide 9-1-1 Fund for distribution according to Section
30 of this Act.
(i) The Department may enforce the collection of any
delinquent amount and any penalty due and unpaid under this
Section by legal action or in any other manner by which the
collection of debts due the State of Illinois may be enforced
under the laws of this State. The Department may excuse the
payment of any penalty imposed under this Section if the
Administrator determines that the enforcement of this penalty
is unjust.
(j) Notwithstanding any provision of law to the contrary,
nothing shall impair the right of wireless carriers to recover
compliance costs for all emergency communications services
that are not reimbursed out of the Wireless Carrier
Reimbursement Fund directly from their wireless subscribers by
line-item charges on the wireless subscriber's bill. Those
compliance costs include all costs incurred by wireless
carriers in complying with local, State, and federal regulatory
or legislative mandates that require the transmission and
receipt of emergency communications to and from the general
public, including, but not limited to, E9-1-1.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/30)
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
(a) A special fund in the State treasury known as the
Wireless Service Emergency Fund shall be renamed the Statewide
9-1-1 Fund. Any appropriations made from the Wireless Service
Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
The Fund shall consist of the following:
(1) 9-1-1 wireless surcharges assessed under the
Wireless Emergency Telephone Safety Act.
(2) 9-1-1 surcharges assessed under Section 20 of this
Act.
(3) Prepaid wireless 9-1-1 surcharges assessed under
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
(4) Any appropriations, grants, or gifts made to the
Fund.
(5) Any income from interest, premiums, gains, or other
earnings on moneys in the Fund.
(6) Money from any other source that is deposited in or
transferred to the Fund.
(b) Subject to appropriation and availability of funds, the
Department shall distribute the 9-1-1 surcharges monthly as
follows:
(1) From each surcharge collected and remitted under
Section 20 of this Act:
(A) $0.013 shall be distributed monthly in equal
amounts to each County Emergency Telephone System
Board or qualified governmental entity in counties
with a population under 100,000 according to the most
recent census data which is authorized to serve as a
primary wireless 9-1-1 public safety answering point
for the county and to provide wireless 9-1-1 service as
prescribed by subsection (b) of Section 15.6a of this
Act, and which does provide such service.
(B) $0.033 shall be transferred by the Comptroller
at the direction of the Department to the Wireless
Carrier Reimbursement Fund until June 30, 2017; from
July 1, 2017 through June 30, 2018, $0.026 shall be
transferred; from July 1, 2018 through June 30, 2019,
$0.020 shall be transferred; from July 1, 2019, through
June 30, 2020, $0.013 shall be transferred; from July
1, 2020 through June 30, 2021, $0.007 will be
transferred; and after June 30, 2021, no transfer shall
be made to the Wireless Carrier Reimbursement Fund.
(C) Until December 31, 2017, $0.007 and on and
after January 1, 2018, $0.017 shall be used to cover
the Department's administrative costs.
(D) Beginning January 1, 2018, until June 30, 2020,
$0.12, and on and after July 1, 2020, $0.04 shall be
used to make monthly proportional grants to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers wireless
carriers.
(E) Until June 30, 2020, $0.05 shall be used by the
Department for grants for NG9-1-1 expenses, with
priority given to 9-1-1 Authorities that provide 9-1-1
service within the territory of a Large Electing
Provider as defined in Section 13-406.1 of the Public
Utilities Act.
(F) On and after July 1, 2020, $0.13 shall be used
for the implementation of and continuing expenses for
the Statewide NG9-1-1 system.
(2) After disbursements under paragraph (1) of this
subsection (b), all remaining funds in the Statewide 9-1-1
Fund shall be disbursed in the following priority order:
(A) The Fund shall will pay monthly to:
(i) the 9-1-1 Authorities that imposed
surcharges under Section 15.3 of this Act and were
required to report to the Illinois Commerce
Commission under Section 27 of the Wireless
Emergency Telephone Safety Act on October 1, 2014,
except a 9-1-1 Authority in a municipality with a
population in excess of 500,000, an amount equal to
the average monthly wireline and VoIP surcharge
revenue attributable to the most recent 12-month
period reported to the Department under that
Section for the October 1, 2014 filing, subject to
the power of the Department to investigate the
amount reported and adjust the number by order
under Article X of the Public Utilities Act, so
that the monthly amount paid under this item
accurately reflects one-twelfth of the aggregate
wireline and VoIP surcharge revenue properly
attributable to the most recent 12-month period
reported to the Commission; or
(ii) county qualified governmental entities
that did not impose a surcharge under Section 15.3
as of December 31, 2015, and counties that did not
impose a surcharge as of June 30, 2015, an amount
equivalent to their population multiplied by .37
multiplied by the rate of $0.69; counties that are
not county qualified governmental entities and
that did not impose a surcharge as of December 31,
2015, shall not begin to receive the payment
provided for in this subsection until E9-1-1 and
wireless E9-1-1 services are provided within their
counties; or
(iii) counties without 9-1-1 service that had
a surcharge in place by December 31, 2015, an
amount equivalent to their population multiplied
by .37 multiplied by their surcharge rate as
established by the referendum.
(B) All 9-1-1 network costs for systems outside of
municipalities with a population of at least 500,000
shall be paid by the Department directly to the
vendors.
(C) All expenses incurred by the Administrator and
the Statewide 9-1-1 Advisory Board and costs
associated with procurement under Section 15.6b
including requests for information and requests for
proposals.
(D) Funds may be held in reserve by the Statewide
9-1-1 Advisory Board and disbursed by the Department
for grants under Section 15.4b of this Act Sections
15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5
million per year in State fiscal years 2016 and 2017;
up to $20 $13.5 million in State fiscal year 2018; up
to $20.9 $14.4 million in State fiscal year 2019; up to
$15.3 million in State fiscal year 2020; up to $16.2
million in State fiscal year 2021; up to $23.1 million
in State fiscal year 2022; and up to $17.0 million per
year for State fiscal year 2023 and each year
thereafter. The amount held in reserve in State fiscal
years 2018 and 2019 shall not be less than $6.5
million. Disbursements under this subparagraph (D)
shall be prioritized as follows: (i) consolidation
grants prioritized under subsection (a) of Section
15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)
consolidation grants under Section 15.4b of this Act
for consolidation expenses incurred between January 1,
2010, and January 1, 2016.
(E) All remaining funds per remit month shall be
used to make monthly proportional grants to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers of wireless
carriers.
(c) The moneys deposited into the Statewide 9-1-1 Fund
under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this Act.
(d) Whenever two or more 9-1-1 Authorities consolidate, the
resulting Joint Emergency Telephone System Board shall be
entitled to the monthly payments that had theretofore been made
to each consolidating 9-1-1 Authority. Any reserves held by any
consolidating 9-1-1 Authority shall be transferred to the
resulting Joint Emergency Telephone System Board. Whenever a
county that has no 9-1-1 service as of January 1, 2016 enters
into an agreement to consolidate to create or join a Joint
Emergency Telephone System Board, the Joint Emergency
Telephone System Board shall be entitled to the monthly
payments that would have otherwise been paid to the county if
it had provided 9-1-1 service.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/35)
Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
as otherwise provided in this Act, expenditures from surcharge
revenues received under this Act may be made by municipalities,
counties, and 9-1-1 Authorities only to pay for the costs
associated with the following:
(1) The design of the Emergency Telephone System.
(2) The coding of an initial Master Street Address
Guide database, and update and maintenance thereof.
(3) The repayment of any moneys advanced for the
implementation of the system.
(4) The charges for Automatic Number Identification
and Automatic Location Identification equipment, a
computer aided dispatch system that records, maintains,
and integrates information, mobile data transmitters
equipped with automatic vehicle locators, and maintenance,
replacement, and update thereof to increase operational
efficiency and improve the provision of emergency
services.
(5) The non-recurring charges related to installation
of the Emergency Telephone System.
(6) The initial acquisition and installation, or the
reimbursement of costs therefor to other governmental
bodies that have incurred those costs, of road or street
signs that are essential to the implementation of the
Emergency Telephone System and that are not duplicative of
signs that are the responsibility of the jurisdiction
charged with maintaining road and street signs. Funds may
not be used for ongoing expenses associated with road or
street sign maintenance and replacement.
(7) Other products and services necessary for the
implementation, upgrade, and maintenance of the system and
any other purpose related to the operation of the system,
including costs attributable directly to the construction,
leasing, or maintenance of any buildings or facilities or
costs of personnel attributable directly to the operation
of the system. Costs attributable directly to the operation
of an emergency telephone system do not include the costs
of public safety agency personnel who are and equipment
that is dispatched in response to an emergency call.
(8) The defraying of expenses incurred to implement
Next Generation 9-1-1, subject to the conditions set forth
in this Act.
(9) The implementation of a computer aided dispatch
system or hosted supplemental 9-1-1 services.
(10) The design, implementation, operation,
maintenance, or upgrade of wireless 9-1-1, or E9-1-1, or
NG9-1-1 emergency services and public safety answering
points.
Moneys in the Statewide 9-1-1 Fund may also be transferred
to a participating fire protection district to reimburse
volunteer firefighters who man remote telephone switching
facilities when dedicated 9-1-1 lines are down.
In the case of a municipality with a population over
500,000, moneys may also be used for any anti-terrorism or
emergency preparedness measures, including, but not limited
to, preparedness planning, providing local matching funds for
federal or State grants, personnel training, and specialized
equipment, including surveillance cameras, as needed to deal
with natural and terrorist-inspired emergency situations or
events.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/40)
Sec. 40. Financial reports.
(a) The Department shall create uniform accounting
procedures, with such modification as may be required to give
effect to statutory provisions applicable only to
municipalities with a population in excess of 500,000, that any
emergency telephone system board, qualified governmental
entity, or unit of local government receiving surcharge money
pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
(b) By January 31, 2018, and every January 31 thereafter
October 1, 2016, and every October 1 thereafter, each emergency
telephone system board, qualified governmental entity, or unit
of local government receiving surcharge money pursuant to
Section 15.3, 15.3a, or 30 shall report to the Department
audited financial statements showing total revenue and
expenditures for the period beginning with the end of the
period covered by the last submitted report through the end of
the previous calendar year previous fiscal year in a form and
manner as prescribed by the Department. Such financial
information shall include:
(1) a detailed summary of revenue from all sources
including, but not limited to, local, State, federal, and
private revenues, and any other funds received;
(2) all expenditures made during the reporting period
from distributions under this Act; operating expenses,
capital expenditures, and cash balances; and
(3) call data and statistics, when available, from the
reporting period, as specified by the Department and
collected in accordance with any reporting method
established or required such other financial information
that is relevant to the provision of 9-1-1 services as
determined by the Department; .
(4) all costs associated with dispatching appropriate
public safety agencies to respond to 9-1-1 calls received
by the PSAP; and
(5) all funding sources and amounts of funding used for
costs described in paragraph (4) of this subsection (b).
The emergency telephone system board, qualified
governmental entity, or unit of local government is responsible
for any costs associated with auditing such financial
statements. The Department shall post the audited financial
statements on the Department's website.
(c) Along with its audited financial statement, each
emergency telephone system board, qualified governmental
entity, or unit of local government receiving a grant under
Section 15.4b of this Act shall include a report of the amount
of grant moneys received and how the grant moneys were used. In
case of a conflict between this requirement and the Grant
Accountability and Transparency Act, or with the rules of the
Governor's Office of Management and Budget adopted thereunder,
that Act and those rules shall control.
(d) If an emergency telephone system board or qualified
governmental entity that receives funds from the Statewide
9-1-1 Fund fails to file the 9-1-1 system financial reports as
required under this Section, the Department shall suspend and
withhold monthly disbursements otherwise due to the emergency
telephone system board or qualified governmental entity under
Section 30 of this Act until the report is filed.
Any monthly disbursements that have been withheld for 12
months or more shall be forfeited by the emergency telephone
system board or qualified governmental entity and shall be
distributed proportionally by the Department to compliant
emergency telephone system boards and qualified governmental
entities that receive funds from the Statewide 9-1-1 Fund.
Any emergency telephone system board or qualified
governmental entity not in compliance with this Section shall
be ineligible to receive any consolidation grant or
infrastructure grant issued under this Act.
(e) The Department may adopt emergency rules necessary to
implement the provisions of this Section.
(f) Any findings or decisions of the Department under this
Section shall be deemed a final administrative decision and
shall be subject to judicial review under the Administrative
Review Law.
(g) Beginning October 1, 2017, the Department shall provide
a quarterly report to the Board of its expenditures from the
Statewide 9-1-1 Fund for the prior fiscal quarter.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/45)
Sec. 45. Wireless Carrier Reimbursement Fund.
(a) A special fund in the State treasury known as the
Wireless Carrier Reimbursement Fund, which was created
previously under Section 30 of the Wireless Emergency Telephone
Safety Act, shall continue in existence without interruption
notwithstanding the repeal of that Act. Moneys in the Wireless
Carrier Reimbursement Fund may be used, subject to
appropriation, only (i) to reimburse wireless carriers for all
of their costs incurred in complying with the applicable
provisions of Federal Communications Commission wireless
enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
and necessary costs of the Illinois Commerce Commission in
exercising its rights, duties, powers, and functions under this
Act. This reimbursement to wireless carriers may include, but
need not be limited to, the cost of designing, upgrading,
purchasing, leasing, programming, installing, testing, and
maintaining necessary data, hardware, and software and
associated operating and administrative costs and overhead.
(b) To recover costs from the Wireless Carrier
Reimbursement Fund, the wireless carrier shall submit sworn
invoices to the Illinois Commerce Commission. In no event may
any invoice for payment be approved for (i) costs that are not
related to compliance with the requirements established by the
wireless enhanced 9-1-1 mandates of the Federal Communications
Commission, or (ii) costs with respect to any wireless enhanced
9-1-1 service that is not operable at the time the invoice is
submitted.
(c) If in any month the total amount of invoices submitted
to the Illinois Commerce Commission and approved for payment
exceeds the amount available in the Wireless Carrier
Reimbursement Fund, wireless carriers that have invoices
approved for payment shall receive a pro-rata share of the
amount available in the Wireless Carrier Reimbursement Fund
based on the relative amount of their approved invoices
available that month, and the balance of the payments shall be
carried into the following months until all of the approved
payments are made.
(d) A wireless carrier may not receive payment from the
Wireless Carrier Reimbursement Fund for its costs of providing
wireless enhanced 9-1-1 services in an area when a unit of
local government or emergency telephone system board provides
wireless 9-1-1 services in that area and was imposing and
collecting a wireless carrier surcharge prior to July 1, 1998.
(e) The Illinois Commerce Commission shall maintain
detailed records of all receipts and disbursements and shall
provide an annual accounting of all receipts and disbursements
to the Auditor General.
(f) The Illinois Commerce Commission must annually review
the balance in the Wireless Carrier Reimbursement Fund as of
June 30 of each year and shall direct the Comptroller to
transfer into the Statewide 9-1-1 Fund for distribution in
accordance with subsection (b) of Section 30 of this Act any
amount in excess of outstanding invoices as of June 30 of each
year.
(g) The Illinois Commerce Commission shall adopt rules to
govern the reimbursement process.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/50)
Sec. 50. Fund audits. The Auditor General shall conduct as
a part of its bi-annual audit, an audit of the Statewide 9-1-1
Fund and the Wireless Carrier Reimbursement Fund for compliance
with the requirements of this Act. The audit shall include, but
not be limited to, the following determinations:
(1) Whether detailed records of all receipts and
disbursements from the Statewide 9-1-1 Fund and the
Wireless Carrier Reimbursement Fund are being maintained.
(2) Whether administrative costs charged to the funds
are adequately documented and are reasonable.
(3) Whether the procedures for making disbursements
and grants and providing reimbursements in accordance with
the Act are adequate.
(4) The status of the implementation of statewide 9-1-1
service and Next Generation 9-1-1 service in Illinois.
The Illinois Commerce Commission, the Department of State
Police, and any other entity or person that may have
information relevant to the audit shall cooperate fully and
promptly with the Office of the Auditor General in conducting
the audit. The Auditor General shall commence the audit as soon
as possible and distribute the report upon completion in
accordance with Section 3-14 of the Illinois State Auditing
Act.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/55)
Sec. 55. Public disclosure. Because of the highly
competitive nature of the wireless telephone industry, public
disclosure of information about surcharge moneys paid by
wireless carriers could have the effect of stifling competition
to the detriment of the public and the delivery of wireless
9-1-1 services. Therefore, the Illinois Commerce Commission,
the Department of State Police, governmental agencies, and
individuals with access to that information shall take
appropriate steps to prevent public disclosure of this
information. Information and data supporting the amount and
distribution of surcharge moneys collected and remitted by an
individual wireless carrier shall be deemed exempt information
for purposes of the Freedom of Information Act and shall not be
publicly disclosed. The gross amount paid by all carriers shall
not be deemed exempt and may be publicly disclosed.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/60)
Sec. 60. Interconnected VoIP providers. Interconnected
VoIP providers in Illinois shall be subject in a competitively
neutral manner to the same provisions of this Act as are
provided for telecommunications carriers. Interconnected VoIP
services shall not be considered an intrastate
telecommunications service for the purposes of this Act in a
manner inconsistent with federal law or Federal Communications
Commission regulation.
(Source: P.A. 99-6, eff. 1-1-16.)
(50 ILCS 750/75)
Sec. 75. Transfer of rights, functions, powers, duties, and
property to Department of State Police; rules and standards;
savings provisions.
(a) On January 1, 2016, the rights, functions, powers, and
duties of the Illinois Commerce Commission as set forth in this
Act and the Wireless Emergency Telephone Safety Act existing
prior to January 1, 2016, are transferred to and shall be
exercised by the Department of State Police. On or before
January 1, 2016, the Commission shall transfer and deliver to
the Department all books, records, documents, property (real
and personal), unexpended appropriations, and pending business
pertaining to the rights, powers, duties, and functions
transferred to the Department under Public Act 99-6.
(b) The rules and standards of the Commission that are in
effect on January 1, 2016 and that pertain to the rights,
powers, duties, and functions transferred to the Department
under Public Act 99-6 shall become the rules and standards of
the Department on January 1, 2016, and shall continue in effect
until amended or repealed by the Department.
Any rules pertaining to the rights, powers, duties, and
functions transferred to the Department under Public Act 99-6
that have been proposed by the Commission but have not taken
effect or been finally adopted by January 1, 2016, shall become
proposed rules of the Department on January 1, 2016, and any
rulemaking procedures that have already been completed by the
Commission for those proposed rules need not be repealed.
As soon as it is practical after January 1, 2016, the
Department shall revise and clarify the rules transferred to it
under Public Act 99-6 to reflect the transfer of rights,
powers, duties, and functions effected by Public Act 99-6 using
the procedures for recodification of rules available under the
Illinois Administrative Procedure Act, except that existing
title, part, and section numbering for the affected rules may
be retained. The Department may propose and adopt under the
Illinois Administrative Procedure Act any other rules
necessary to consolidate and clarify those rules.
(c) The rights, powers, duties, and functions transferred
to the Department by Public Act 99-6 shall be vested in and
exercised by the Department subject to the provisions of this
Act and the Wireless Emergency Telephone Safety Act. An act
done by the Department or an officer, employee, or agent of the
Department in the exercise of the transferred rights, powers,
duties, and functions shall have the same legal effect as if
done by the Commission or an officer, employee, or agent of the
Commission.
The transfer of rights, powers, duties, and functions to
the Department under Public Act 99-6 does not invalidate any
previous action taken by or in respect to the Commission, its
officers, employees, or agents. References to the Commission or
its officers, employees, or agents in any document, contract,
agreement, or law shall, in appropriate contexts, be deemed to
refer to the Department or its officers, employees, or agents.
The transfer of rights, powers, duties, and functions to
the Department under Public Act 99-6 does not affect any
person's rights, obligations, or duties, including any civil or
criminal penalties applicable thereto, arising out of those
transferred rights, powers, duties, and functions.
Public Act 99-6 does not affect any act done, ratified, or
cancelled, any right occurring or established, or any action or
proceeding commenced in an administrative, civil, or criminal
case before January 1, 2016. Any such action or proceeding that
pertains to a right, power, duty, or function transferred to
the Department under Public Act 99-6 that is pending on that
date may be prosecuted, defended, or continued by the
Commission.
For the purposes of Section 9b of the State Finance Act,
the Department is the successor to the Commission with respect
to the rights, duties, powers, and functions transferred by
Public Act 99-6.
(d) The Department is authorized to enter into an
intergovernmental agreement with the Commission for the
purpose of having the Commission assist the Department and the
Statewide 9-1-1 Administrator in carrying out their duties and
functions under this Act. The agreement may provide for funding
for the Commission for its assistance to the Department and the
Statewide 9-1-1 Administrator.
(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16.)
(50 ILCS 750/80 new)
Sec. 80. Continuation of Act; validation.
(a) The General Assembly finds and declares that this
amendatory Act of the 100th General Assembly manifests the
intention of the General Assembly to extend the repeal of this
Act and have this Act continue in effect until December 31,
2020.
(b) This Section shall be deemed to have been in continuous
effect since July 1, 2017 and it shall continue to be in effect
henceforward until it is otherwise lawfully repealed. All
previously enacted amendments to this Act taking effect on or
after July 1, 2017, are hereby validated. All actions taken in
reliance on or under this Act by the Department of State Police
or any other person or entity are hereby validated.
(c) In order to ensure the continuing effectiveness of this
Act, it is set forth in full and reenacted by this amendatory
Act of the 100th General Assembly. Striking and underscoring
are used only to show changes being made to the base text. This
reenactment is intended as a continuation of this Act. It is
not intended to supersede any amendment to this Act that is
enacted by the 100th General Assembly.
(50 ILCS 750/99)
Sec. 99. Repealer. This Act is repealed on December 31,
2020 July 1, 2017.
(Source: P.A. 99-6, eff. 6-29-15.)
Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
amended by changing Section 15 as follows:
(50 ILCS 753/15)
Sec. 15. Prepaid wireless 9-1-1 surcharge.
(a) Until September 30, 2015, there is hereby imposed on
consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail
transaction. Beginning October 1, 2015, the prepaid wireless
9-1-1 surcharge shall be 3% per retail transaction. The
surcharge authorized by this subsection (a) does not apply in a
home rule municipality having a population in excess of
500,000.
(a-5) On or after the effective date of this amendatory Act
of the 98th General Assembly and until December 31, 2020, July
1, 2017, a home rule municipality having a population in excess
of 500,000 on the effective date of this amendatory Act may
impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
retail transaction sourced to that jurisdiction and collected
and remitted in accordance with the provisions of subsection
(b-5) of this Section. On or after January 1, 2021, July 1,
2017, a home rule municipality having a population in excess of
500,000 on the effective date of this Act may only impose a
prepaid wireless 9-1-1 surcharge not to exceed 7% per retail
transaction sourced to that jurisdiction and collected and
remitted in accordance with the provisions of subsection (b-5).
(b) The prepaid wireless 9-1-1 surcharge shall be collected
by the seller from the consumer with respect to each retail
transaction occurring in this State and shall be remitted to
the Department by the seller as provided in this Act. The
amount of the prepaid wireless 9-1-1 surcharge shall be
separately stated as a distinct item apart from the charge for
the prepaid wireless telecommunications service on an invoice,
receipt, or other similar document that is provided to the
consumer by the seller or shall be otherwise disclosed to the
consumer. If the seller does not separately state the surcharge
as a distinct item to the consumer as provided in this Section,
then the seller shall maintain books and records as required by
this Act which clearly identify the amount of the 9-1-1
surcharge for retail transactions.
For purposes of this subsection (b), a retail transaction
occurs in this State if (i) the retail transaction is made in
person by a consumer at the seller's business location and the
business is located within the State; (ii) the seller is a
provider and sells prepaid wireless telecommunications service
to a consumer located in Illinois; (iii) the retail transaction
is treated as occurring in this State for purposes of the
Retailers' Occupation Tax Act; or (iv) a seller that is
included within the definition of a "retailer maintaining a
place of business in this State" under Section 2 of the Use Tax
Act makes a sale of prepaid wireless telecommunications service
to a consumer located in Illinois. In the case of a retail
transaction which does not occur in person at a seller's
business location, if a consumer uses a credit card to purchase
prepaid wireless telecommunications service on-line or over
the telephone, and no product is shipped to the consumer, the
transaction occurs in this State if the billing address for the
consumer's credit card is in this State.
(b-5) The prepaid wireless 9-1-1 surcharge imposed under
subsection (a-5) of this Section shall be collected by the
seller from the consumer with respect to each retail
transaction occurring in the municipality imposing the
surcharge. The amount of the prepaid wireless 9-1-1 surcharge
shall be separately stated on an invoice, receipt, or other
similar document that is provided to the consumer by the seller
or shall be otherwise disclosed to the consumer. If the seller
does not separately state the surcharge as a distinct item to
the consumer as provided in this Section, then the seller shall
maintain books and records as required by this Act which
clearly identify the amount of the 9-1-1 surcharge for retail
transactions.
For purposes of this subsection (b-5), a retail transaction
occurs in the municipality if (i) the retail transaction is
made in person by a consumer at the seller's business location
and the business is located within the municipality; (ii) the
seller is a provider and sells prepaid wireless
telecommunications service to a consumer located in the
municipality; (iii) the retail transaction is treated as
occurring in the municipality for purposes of the Retailers'
Occupation Tax Act; or (iv) a seller that is included within
the definition of a "retailer maintaining a place of business
in this State" under Section 2 of the Use Tax Act makes a sale
of prepaid wireless telecommunications service to a consumer
located in the municipality. In the case of a retail
transaction which does not occur in person at a seller's
business location, if a consumer uses a credit card to purchase
prepaid wireless telecommunications service on-line or over
the telephone, and no product is shipped to the consumer, the
transaction occurs in the municipality if the billing address
for the consumer's credit card is in the municipality.
(c) The prepaid wireless 9-1-1 surcharge is imposed on the
consumer and not on any provider. The seller shall be liable to
remit all prepaid wireless 9-1-1 surcharges that the seller
collects from consumers as provided in Section 20, including
all such surcharges that the seller is deemed to collect where
the amount of the surcharge has not been separately stated on
an invoice, receipt, or other similar document provided to the
consumer by the seller. The surcharge collected or deemed
collected by a seller shall constitute a debt owed by the
seller to this State, and any such surcharge actually collected
shall be held in trust for the benefit of the Department.
For purposes of this subsection (c), the surcharge shall
not be imposed or collected from entities that have an active
tax exemption identification number issued by the Department
under Section 1g of the Retailers' Occupation Tax Act.
(d) The amount of the prepaid wireless 9-1-1 surcharge that
is collected by a seller from a consumer, if such amount is
separately stated on an invoice, receipt, or other similar
document provided to the consumer by the seller, shall not be
included in the base for measuring any tax, fee, surcharge, or
other charge that is imposed by this State, any political
subdivision of this State, or any intergovernmental agency.
(e) (Blank).
(e-5) Any changes in the rate of the surcharge imposed by a
municipality under the authority granted in subsection (a-5) of
this Section shall be effective on the first day of the first
calendar month to occur at least 60 days after the enactment of
the change. The Department shall provide not less than 30 days'
notice of the increase or reduction in the rate of such
surcharge on the Department's website.
(f) When prepaid wireless telecommunications service is
sold with one or more other products or services for a single,
non-itemized price, then the percentage specified in
subsection (a) or (a-5) of this Section 15 shall be applied to
the entire non-itemized price unless the seller elects to apply
the percentage to (i) the dollar amount of the prepaid wireless
telecommunications service if that dollar amount is disclosed
to the consumer or (ii) the portion of the price that is
attributable to the prepaid wireless telecommunications
service if the retailer can identify that portion by reasonable
and verifiable standards from its books and records that are
kept in the regular course of business for other purposes,
including, but not limited to, books and records that are kept
for non-tax purposes. However, if a minimal amount of prepaid
wireless telecommunications service is sold with a prepaid
wireless device for a single, non-itemized price, then the
seller may elect not to apply the percentage specified in
subsection (a) or (a-5) of this Section 15 to such transaction.
For purposes of this subsection, an amount of service
denominated as 10 minutes or less or $5 or less is considered
minimal.
(g) The prepaid wireless 9-1-1 surcharge imposed under
subsections (a) and (a-5) of this Section is not imposed on the
provider or the consumer for wireless Lifeline service where
the consumer does not pay the provider for the service. Where
the consumer purchases from the provider optional minutes,
texts, or other services in addition to the federally funded
Lifeline benefit, a consumer must pay the prepaid wireless
9-1-1 surcharge, and it must be collected by the seller
according to subsection (b-5).
(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
Section 25. The Public Utilities Act is amended by
reenacting Articles XIII and XXI, by changing Sections 13-102,
13-103, 13-230, 13-301.1, 13-406, 13-703, 13-1200, 21-401, and
21-1601, and by adding Sections 13-406.1, 13-904, and 21-1503
as follows:
(220 ILCS 5/Art. XIII heading)
ARTICLE XIII. TELECOMMUNICATIONS
(220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)
Sec. 13-100. This Article shall be known and may be cited
as the Universal Telephone Service Protection Law of 1985.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
Sec. 13-101. Application of Act to telecommunications
rates and services. The Sections of this Act pertaining to
public utilities, public utility rates and services, and the
regulation thereof, are fully and equally applicable to
noncompetitive telecommunications rates and services, and the
regulation thereof, except to the extent modified or
supplemented by the specific provisions of this Article or
where the context clearly renders such provisions
inapplicable. Articles I through IV, Sections 5-101, 5-106,
5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501,
8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510, 9-221, 9-222,
9-222.1, 9-222.2, 9-241, 9-250, and 9-252.1, and Article X of
this Act are fully and equally applicable to the noncompetitive
and competitive services of an Electing Provider and to
competitive telecommunications rates and services, and the
regulation thereof except that Section 5-109 shall apply to the
services of an Electing Provider and to competitive
telecommunications rates and services only to the extent that
the Commission requires annual reports authorized by Section
5-109, provided the telecommunications provider may use
generally accepted accounting practices or accounting systems
it uses for financial reporting purposes in the annual report,
and except that Sections 8-505 and 9-250 shall not apply to
competitive retail telecommunications services and Sections
8-501 and 9-241 shall not apply to competitive services; in
addition, as to competitive telecommunications rates and
services, and the regulation thereof, and with the exception of
competitive retail telecommunications service rates and
services, all rules and regulations made by a
telecommunications carrier affecting or pertaining to its
charges or service shall be just and reasonable. As of the
effective date of this amendatory Act of the 92nd General
Assembly, Sections 4-202, 4-203, and 5-202 of this Act shall
cease to apply to telecommunications rates and services.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
Sec. 13-102. Findings. With respect to telecommunications
services, as herein defined, the General Assembly finds that:
(a) universally available and widely affordable
telecommunications services are essential to the health,
welfare and prosperity of all Illinois citizens;
(b) federal regulatory and judicial rulings in the 1980s
caused a restructuring of the telecommunications industry and
opened some aspects of the industry to competitive entry,
thereby necessitating revision of State telecommunications
regulatory policies and practices;
(c) revisions in telecommunications regulatory policies
and practices in Illinois beginning in the mid-1980s brought
the benefits of competition to consumers in many
telecommunications markets, but not in local exchange
telecommunications service markets;
(d) the federal Telecommunications Act of 1996 established
the goal of opening all telecommunications service markets to
competition and accords to the states the responsibility to
establish and enforce policies necessary to attain that goal;
(e) it is in the immediate interest of the People of the
State of Illinois for the State to exercise its rights within
the new framework of federal telecommunications policy to
ensure that the economic benefits of competition in all
telecommunications service markets are realized as effectively
as possible;
(f) the competitive offering of all telecommunications
services will increase innovation and efficiency in the
provision of telecommunications services and may lead to
reduced prices for consumers, increased investment in
communications infrastructure, the creation of new jobs, and
the attraction of new businesses to Illinois; and
(g) protection of the public interest requires changes in
the regulation of telecommunications carriers and services to
ensure, to the maximum feasible extent, the reasonable and
timely development of effective competition in all
telecommunications service markets; .
(h) Illinois residents rely on today's modern wired and
wireless Internet Protocol (IP) networks and services to
improve their lives by connecting them to school and college
degrees, work and job opportunities, family and friends,
information, and entertainment, as well as emergency
responders and public safety officials; Illinois businesses
rely on these modern IP networks and services to compete in a
global marketplace by expanding their customer base, managing
inventory and operations more efficiently, and offering
customers specialized and personalized products and services;
without question, Illinois residents and our State's economy
rely profoundly on the modern wired and wireless IP networks
and services in our State;
(i) the transition from 20th century traditional circuit
switched and other legacy telephone services to modern 21st
century next generation Internet Protocol (IP) services is
taking place at an extraordinary pace as Illinois consumers are
upgrading to home communications service using IP technology,
including high speed Internet, Voice over Internet Protocol,
and wireless service;
(j) this rapid transition to IP-based communications has
dramatically transformed the way people communicate and has
provided significant benefits to consumers in the form of
innovative functionalities resulting from the seamless
convergence of voice, video, and text, benefits realized by the
General Assembly when it chose to transition its own
telecommunications system to an all IP communications network
in 2016;
(k) the benefits of the transition to IP-based networks and
services were also recognized by the General Assembly in 2015
through the enactment of legislation requiring that every 9-1-1
emergency system in Illinois provide Next Generation 9-1-1
service by July 1, 2020, and requiring that the Next Generation
9-1-1 network must be an IP-based platform; and
(l) completing the transition to all IP-based networks and
technologies is in the public interest because it will promote
continued innovation, consumer benefits, increased
efficiencies, and increased investment in IP-based networks
and services.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
Sec. 13-103. Policy. Consistent with its findings, the
General Assembly declares that it is the policy of the State of
Illinois that:
(a) telecommunications services should be available to all
Illinois citizens at just, reasonable, and affordable rates and
that such services should be provided as widely and
economically as possible in sufficient variety, quality,
quantity and reliability to satisfy the public interest;
(b) consistent with the protection of consumers of
telecommunications services and the furtherance of other
public interest goals, competition in all telecommunications
service markets should be pursued as a substitute for
regulation in determining the variety, quality and price of
telecommunications services and that the economic burdens of
regulation should be reduced to the extent possible consistent
with the furtherance of market competition and protection of
the public interest;
(c) all necessary and appropriate modifications to State
regulation of telecommunications carriers and services should
be implemented without unnecessary disruption to the
telecommunications infrastructure system or to consumers of
telecommunications services and that it is necessary and
appropriate to establish rules to encourage and ensure orderly
transitions in the development of markets for all
telecommunications services;
(d) the consumers of telecommunications services and
facilities provided by persons or companies subject to
regulation pursuant to this Act and Article should be required
to pay only reasonable and non-discriminatory rates or charges
and that in no case should rates or charges for non-competitive
telecommunications services include any portion of the cost of
providing competitive telecommunications services, as defined
in Section 13-209, or the cost of any nonregulated activities;
(e) the regulatory policies and procedures provided in this
Article are established in recognition of the changing nature
of the telecommunications industry and therefore should be
subject to systematic legislative review to ensure that the
public benefits intended to result from such policies and
procedures are fully realized; and
(f) development of and prudent investment in advanced
telecommunications services and networks that foster economic
development of the State should be encouraged through the
implementation and enforcement of policies that promote
effective and sustained competition in all telecommunications
service markets; and .
(g) completion of the transition to modern IP-based
networks should be encouraged through relief from the outdated
regulations that require continued investment in legacy
circuit switched networks from which Illinois consumers have
largely transitioned, while at the same time ensuring that
consumers have access to available alternative services that
provide quality voice service and access to emergency
communications.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-201) (from Ch. 111 2/3, par. 13-201)
Sec. 13-201. Unless otherwise specified, the terms set
forth in the following Sections preceding Section 13-301 of
this Article are used in this Act and Article as herein
defined.
(Source: P.A. 85-1405.)
(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
Sec. 13-202. "Telecommunications carrier" means and
includes every corporation, company, association, joint stock
company or association, firm, partnership or individual, their
lessees, trustees or receivers appointed by any court
whatsoever that owns, controls, operates or manages, within
this State, directly or indirectly, for public use, any plant,
equipment or property used or to be used for or in connection
with, or owns or controls any franchise, license, permit or
right to engage in the provision of, telecommunications
services between points within the State which are specified by
the user. "Telecommunications carrier" includes an Electing
Provider, as defined in Section 13-506.2. Telecommunications
carrier does not include, however:
(a) telecommunications carriers that are owned and
operated by any political subdivision, public or private
institution of higher education or municipal corporation of
this State, for their own use, or telecommunications carriers
that are owned by such political subdivision, public or private
institution of higher education, or municipal corporation and
operated by any of its lessees or operating agents, for their
own use;
(b) telecommunications carriers which are purely mutual
concerns, having no rates or charges for services, but paying
the operating expenses by assessment upon the members of such a
company and no other person but does include telephone or
telecommunications cooperatives as defined in Section 13-212;
(c) a company or person which provides telecommunications
services solely to itself and its affiliates or members or
between points in the same building, or between closely located
buildings, affiliated through substantial common ownership,
control or development; or
(d) a company or person engaged in the delivery of
community antenna television services as described in
subdivision (c) of Section 13-203, except with respect to the
provision of telecommunications services by that company or
person.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-202.5)
Sec. 13-202.5. Incumbent local exchange carrier.
"Incumbent local exchange carrier" means, with respect to an
area, the telecommunications carrier that provided
noncompetitive local exchange telecommunications service in
that area on February 8, 1996, and on that date was deemed a
member of the exchange carrier association pursuant to 47
C.F.R. 69.601(b), and includes its successors, assigns, and
affiliates.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
Sec. 13-203. Telecommunications service.
"Telecommunications service" means the provision or
offering for rent, sale or lease, or in exchange for other
value received, of the transmittal of information, by means of
electromagnetic, including light, transmission with or without
benefit of any closed transmission medium, including all
instrumentalities, facilities, apparatus, and services
(including the collection, storage, forwarding, switching, and
delivery of such information) used to provide such transmission
and also includes access and interconnection arrangements and
services.
"Telecommunications service" does not include, however:
(a) the rent, sale, or lease, or exchange for other
value received, of customer premises equipment except for
customer premises equipment owned or provided by a
telecommunications carrier and used for answering 911
calls, and except for customer premises equipment provided
under Section 13-703;
(b) telephone or telecommunications answering
services, paging services, and physical pickup and
delivery incidental to the provision of information
transmitted through electromagnetic, including light,
transmission;
(c) community antenna television service which is
operated to perform for hire the service of receiving and
distributing video and audio program signals by wire, cable
or other means to members of the public who subscribe to
such service, to the extent that such service is utilized
solely for the one-way distribution of such entertainment
services with no more than incidental subscriber
interaction required for the selection of such
entertainment service.
The Commission may, by rulemaking, exclude (1) private line
service which is not directly or indirectly used for the
origination or termination of switched telecommunications
service, (2) cellular radio service, (3) high-speed
point-to-point data transmission at or above 9.6 kilobits, or
(4) the provision of telecommunications service by a company or
person otherwise subject to Section 13-202 (c) to a
telecommunications carrier, which is incidental to the
provision of service subject to Section 13-202 (c), from active
regulatory oversight to the extent it finds, after notice,
hearing and comment that such exclusion is consistent with the
public interest and the purposes and policies of this Article.
To the extent that the Commission has excluded cellular radio
service from active regulatory oversight for any provider of
cellular radio service in this State pursuant to this Section,
the Commission shall exclude all other providers of cellular
radio service in the State from active regulatory oversight
without an additional rulemaking proceeding where there are 2
or more certified providers of cellular radio service in a
geographic area.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204)
Sec. 13-204. "Local Exchange Telecommunications Service"
means telecommunications service between points within an
exchange, as defined in Section 13-206, or the provision of
telecommunications service for the origination or termination
of switched telecommunications services.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-205) (from Ch. 111 2/3, par. 13-205)
Sec. 13-205. "Interexchange Telecommunications Service"
means telecommunications service between points in two or more
exchanges.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-206) (from Ch. 111 2/3, par. 13-206)
Sec. 13-206. Exchange. "Exchange" means a geographical
area for the administration of telecommunications services,
established and described by the tariff of a telecommunications
carrier providing local exchange telecommunications service,
and consisting of one or more contiguous central offices,
together with associated facilities used in providing such
local exchange telecommunications service. To the extent
practicable, a municipality, city, or village shall not be
located in more than one exchange unless the municipality,
city, or village is located in more than one exchange through
annexation that occurs after the establishment of the exchange
boundary.
(Source: P.A. 87-856.)
(220 ILCS 5/13-207) (from Ch. 111 2/3, par. 13-207)
Sec. 13-207. "Local Access and Transport Area (LATA)" means
a geographical area designated by the Modification of Final
Judgment in U.S. v. Western Electric Co., Inc., 552 F. Supp.
131 (D.D.C. 1982), as modified from time to time.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-208) (from Ch. 111 2/3, par. 13-208)
Sec. 13-208. "Market Service Area (MSA)" means a
geographical area consisting of one or more exchanges, defined
by the Commission for the administration of tariffs, services
and other regulatory obligations. The term Market Service Area
includes those areas previously designated by the Commission.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209)
Sec. 13-209. "Competitive Telecommunications Service"
means a telecommunications service, its functional equivalent
or a substitute service, which, for some identifiable class or
group of customers in an exchange, group of exchanges, or some
other clearly defined geographical area, is reasonably
available from more than one provider, whether or not such
provider is a telecommunications carrier subject to regulation
under this Act. A telecommunications service may be competitive
for the entire state, some geographical area therein, including
an exchange or set of exchanges, or for a specific customer or
class or group of customers, but only to the extent consistent
with this definition.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-210) (from Ch. 111 2/3, par. 13-210)
Sec. 13-210. "Noncompetitive Telecommunications Service"
means a telecommunications service other than a competitive
service as defined in Section 13-209.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-211) (from Ch. 111 2/3, par. 13-211)
Sec. 13-211. "Resale of Telecommunications Service" means
the offering or provision of telecommunications service
primarily through the use of services or facilities owned or
provided by a separate telecommunications carrier.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-212) (from Ch. 111 2/3, par. 13-212)
Sec. 13-212. "Telephone or Telecommunications Cooperative"
means any Illinois corporation organized on a cooperative basis
for the furnishing of telephone or telecommunications service.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213)
Sec. 13-213. "Hearing-aid compatible telephone" means a
telephone so equipped that it can activate an inductive
coupling hearing-aid or which will provide an alternative
technology that provides equally effective telephone service
and which will provide equipment necessary for the hearing
impaired to use generally available telecommunications
services effectively or without assistance.
(Source: P.A. 85-1405.)
(220 ILCS 5/13-214) (from Ch. 111 2/3, par. 13-214)
Sec. 13-214. (a) "Public mobile services" means
air-to-ground radio telephone services, cellular radio
telecommunications services, offshore radio, rural radio
service, public land mobile telephone service and other common
carrier radio communications services.
(b) "Private radio services" means private land mobile
radio services and other communications services characterized
by the Commission as private radio services.
(Source: P.A. 85-1405.)
(220 ILCS 5/13-215) (from Ch. 111 2/3, par. 13-215)
Sec. 13-215. (a) "Essential telephones" means all coin
operated telephones in any public or semi-public location,
telephones provided for emergency use, a reasonable percentage
of telephones in hotels, motels, hospitals and nursing homes
and a reasonable percentage of credit card operated telephones
in any group of such telephones.
(b) "Emergency use telephones" includes all telephones
intended primarily to save persons from bodily injury, theft or
life threatening situations. This definition includes, but is
not limited to telephones in elevators, on highways and
telephones to alert police, a fire department or other
emergency service providers.
(Source: P.A. 85-1405.)
(220 ILCS 5/13-216)
Sec. 13-216. Network element. "Network element" means a
facility or equipment used in the provision of a
telecommunications service. The term also includes features,
functions, and capabilities that are provided by means of the
facility or equipment, including, but not limited to,
subscriber numbers, databases, signaling systems, and
information sufficient for billing and collection or used in
the transmission, routing, or other provision of a
telecommunications service.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-217)
Sec. 13-217. End user. "End user" means any person,
corporation, partnership, firm, municipality, cooperative,
organization, governmental agency, building owner, or other
entity provided with a telecommunications service for its own
consumption and not for resale.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-218)
Sec. 13-218. Business end user. "Business end user" means
(1) an end user engaged primarily or substantially in a paid
commercial, professional, or institutional activity; (2) an
end user provided telecommunications service in a commercial,
professional, or institutional location, or other location
serving primarily or substantially as a site of an activity for
pay; (3) an end user whose telecommunications service is listed
as the principal or only number for a business in any yellow
pages directory; (4) an end user whose telecommunications
service is used to conduct promotions, solicitations, or market
research for which compensation or reimbursement is paid or
provided; provided, however, that the use of
telecommunications service, without compensation or
reimbursement, for a charitable or civic purpose shall not
constitute business use of a telecommunications service.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-219)
Sec. 13-219. Residential end user. "Residential end user"
means an end user other than a business end user.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-220)
Sec. 13-220. Retail telecommunications service. "Retail
telecommunications service" means a telecommunications service
sold to an end user. "Retail telecommunications service" does
not include a telecommunications service provided by a
telecommunications carrier to a telecommunications carrier,
including to itself, as a component of, or for the provision
of, telecommunications service. A business retail
telecommunications service is a retail telecommunications
service provided to a business end user. A residential retail
telecommunications service is a retail telecommunications
service provided to a residential end user.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-230)
Sec. 13-230. Prepaid calling service. "Prepaid calling
service" means telecommunications service that must be paid for
in advance by an end user, enables the end user to originate
calls using an access number or authorization code, whether
manually or electronically dialed, and is sold in predetermined
units or dollars of which the number declines with use in a
known amount. A prepaid calling service call is a call made by
an end user using prepaid calling service. "Prepaid calling
service" does not include a wireless telecommunications
service that allows a caller to dial 9-1-1 to access the 9-1-1
system, which service must be paid for in advance, and is sold
in predetermined units or dollars and the amount declines with
use in a known amount prepaid wireless telecommunications
service as defined in Section 10 of the Wireless Emergency
Telephone Safety Act.
(Source: P.A. 97-463, eff. 1-1-12.)
(220 ILCS 5/13-231)
Sec. 13-231. Prepaid calling service provider. "Prepaid
calling service provider" means and includes every
corporation, company, association, joint stock company or
association, firm, partnership, or individual and their
lessees, trustees, or receivers appointed by any court
whatsoever that contracts directly with a telecommunications
carrier to resell or offers to resell telecommunications
service as prepaid calling service to one or more distributors,
prepaid calling resellers, prepaid calling service retailers,
or end users.
(Source: P.A. 93-1002, eff. 1-1-05.)
(220 ILCS 5/13-232)
Sec. 13-232. Prepaid calling service retailer. "Prepaid
calling service retailer" means and includes every
corporation, company, association, joint stock company or
association, firm, partnership, or individual and their
lessees, trustees, or receivers appointed by any court
whatsoever that sells or offers to sell prepaid calling service
directly to one or more end users.
(Source: P.A. 93-1002, eff. 1-1-05.)
(220 ILCS 5/13-233)
Sec. 13-233. Prepaid calling service reseller. "Prepaid
calling service reseller" means and includes every
corporation, company, association, joint stock company or
association, firm, partnership, or individual and their
lessees, trustees, or receivers appointed by any court
whatsoever that purchases prepaid calling services from a
prepaid calling service provider or distributor and sells those
services to one or more distributors of prepaid calling
services or to one or more prepaid calling service retailers.
(Source: P.A. 93-1002, eff. 1-1-05.)
(220 ILCS 5/13-234)
Sec. 13-234. Interconnected voice over Internet protocol
service. "Interconnected voice over Internet protocol service"
or "Interconnected VoIP service" has the meaning prescribed in
47 CFR 9.3 as defined on the effective date of this amendatory
Act of the 96th General Assembly or as amended thereafter.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-235)
Sec. 13-235. Interconnected voice over Internet protocol
provider. "Interconnected voice over Internet protocol
provider" or "Interconnected VoIP provider" means and includes
every corporation, company, association, joint stock company
or association, firm, partnership, or individual, their
lessees, trustees, or receivers appointed by any court
whatsoever that owns, controls, operates, manages, or provides
within this State, directly or indirectly, Interconnected
voice over Internet protocol service.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
Sec. 13-301. Duties of the Commission.
(1) Consistent with the findings and policy established in
paragraph (a) of Section 13-102 and paragraph (a) of Section
13-103, and in order to ensure the attainment of such policies,
the Commission shall:
(a) participate in all federal programs intended to
preserve or extend universal telecommunications service,
unless such programs would place cost burdens on Illinois
customers of telecommunications services in excess of the
benefits they would receive through participation,
provided, however, the Commission shall not approve or
permit the imposition of any surcharge or other fee
designed to subsidize or provide a waiver for subscriber
line charges; and shall report on such programs together
with an assessment of their adequacy and the advisability
of participating therein in its annual report to the
General Assembly, or more often as necessary;
(b) (blank);
(c) order all telecommunications carriers offering or
providing local exchange telecommunications service to
propose low-cost or budget service tariffs and any other
rate design or pricing mechanisms designed to facilitate
customer access to such telecommunications service,
provided that services offered by any telecommunications
carrier at the rates, terms, and conditions specified in
Section 13-506.2 or Section 13-518 of this Article shall
constitute compliance with this Section. A
telecommunications carrier may seek Commission approval of
other low-cost or budget service tariffs or rate design or
pricing mechanisms to comply with this Section;
(d) investigate the necessity of and, if appropriate,
establish a universal service support fund from which local
exchange telecommunications carriers who pursuant to the
Twenty-Seventh Interim Order of the Commission in Docket
No. 83-0142 or the orders of the Commission in Docket No.
97-0621 and Docket No. 98-0679 received funding and whose
economic costs of providing services for which universal
service support may be made available exceed the affordable
rate established by the Commission for such services may be
eligible to receive support, less any federal universal
service support received for the same or similar costs of
providing the supported services; provided, however, that
if a universal service support fund is established, the
Commission shall require that all costs of the fund be
recovered from all local exchange and interexchange
telecommunications carriers certificated in Illinois on a
competitively neutral and nondiscriminatory basis. In
establishing any such universal service support fund, the
Commission shall, in addition to the determination of costs
for supported services, consider and make findings
pursuant to subsection (2) of this Section. Proxy cost, as
determined by the Commission, may be used for this purpose.
In determining cost recovery for any universal service
support fund, the Commission shall not permit recovery of
such costs from another certificated carrier for any
service purchased and used solely as an input to a service
provided to such certificated carrier's retail customers.
(2) In any order creating a fund pursuant to paragraph (d)
of subsection (1), the Commission, after notice and hearing,
shall:
(a) Define the group of services to be declared
"supported telecommunications services" that constitute
"universal service". This group of services shall, at a
minimum, include those services as defined by the Federal
Communications Commission and as from time to time amended.
In addition, the Commission shall consider the range of
services currently offered by telecommunications carriers
offering local exchange telecommunications service, the
existing rate structures for the supported
telecommunications services, and the telecommunications
needs of Illinois consumers in determining the supported
telecommunications services. The Commission shall, from
time to time or upon request, review and, if appropriate,
revise the group of Illinois supported telecommunications
services and the terms of the fund to reflect changes or
enhancements in telecommunications needs, technologies,
and available services.
(b) Identify all implicit subsidies contained in rates
or charges of incumbent local exchange carriers, including
all subsidies in interexchange access charges, and
determine how such subsidies can be made explicit by the
creation of the fund.
(c) Establish an affordable price for the supported
telecommunications services for the respective incumbent
local exchange carrier. The affordable price shall be no
less than the rates in effect at the time the Commission
creates a fund pursuant to this item. The Commission may
establish and utilize indices or models for updating the
affordable price for supported telecommunications
services.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
Sec. 13-301.1. Universal Telephone Service Assistance
Program.
(a) The Commission shall by rule or regulation establish a
Universal Telephone Service Assistance Program for low income
residential customers. The program shall provide for a
reduction of access line charges, a reduction of connection
charges, or any other alternative assistance or program to
increase accessibility to telephone service and broadband
Internet access service that the Commission deems advisable
subject to the availability of funds for the program as
provided in subsections subsection (d) and (e). The Commission
shall establish eligibility requirements for benefits under
the program.
(b) The Commission shall adopt rules providing for enhanced
enrollment for eligible consumers to receive lifeline service.
Enhanced enrollment may include, but is not limited to, joint
marketing, joint application, or joint processing with the
Low-Income Home Energy Assistance Program, the Medicaid
Program, and the Food Stamp Program. The Department of Human
Services, the Department of Healthcare and Family Services, and
the Department of Commerce and Economic Opportunity, upon
request of the Commission, shall assist in the adoption and
implementation of those rules. The Commission and the
Department of Human Services, the Department of Healthcare and
Family Services, and the Department of Commerce and Economic
Opportunity may enter into memoranda of understanding
establishing the respective duties of the Commission and the
Departments in relation to enhanced enrollment.
(c) In this Section: ,
"Lifeline "lifeline service" means a retail local
service offering described by 47 CFR C.F.R. Section
54.401(a), as amended.
(d) The Commission shall require by rule or regulation that
each telecommunications carrier providing local exchange
telecommunications services notify its customers that if the
customer wishes to participate in the funding of the Universal
Telephone Service Assistance Program he may do so by electing
to contribute, on a monthly basis, a fixed amount that will be
included in the customer's monthly bill. The customer may cease
contributing at any time upon providing notice to the
telecommunications carrier providing local exchange
telecommunications services. The notice shall state that any
contribution made will not reduce the customer's bill for
telecommunications services. Failure to remit the amount of
increased payment will reduce the contribution accordingly.
The Commission shall specify the monthly fixed amount or
amounts that customers wishing to contribute to the funding of
the Universal Telephone Service Assistance Program may choose
from in making their contributions. Every telecommunications
carrier providing local exchange telecommunications services
shall remit the amounts contributed in accordance with the
terms of the Universal Telephone Service Assistance Program.
(e) Amounts collected and remitted under subsection (d)
may, to the extent the Commission deems advisable, be used for
funding a program to be administered by the entity designated
by the Commission as administrator of the Universal Telephone
Service Assistance Program for educating and assisting
low-income residential customers with a transition to Internet
protocol-based networks and services. This program may
include, but need not be limited to, measures designed to
notify and educate residential customers regarding the
availability of alternative voice services with access to
9-1-1, access to and use of broadband Internet access service,
and pricing options.
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)";
and
(220 ILCS 5/13-301.2)
Sec. 13-301.2. Program to Foster Elimination of the Digital
Divide. The Commission shall require by rule that each
telecommunications carrier providing local exchange
telecommunications service notify its end-user customers that
if the customer wishes to participate in the funding of the
Program to Foster Elimination of the Digital Divide he or she
may do so by electing to contribute, on a monthly basis, a
fixed amount that will be included in the customer's monthly
bill. The obligations imposed in this Section shall not be
imposed upon a telecommunications carrier for any of its
end-users subscribing to the services listed below: (1) private
line service which is not directly or indirectly used for the
origination or termination of switched telecommunications
service, (2) cellular radio service, (3) high-speed
point-to-point data transmission at or above 9.6 kilobits, (4)
the provision of telecommunications service by a company or
person otherwise subject to subsection (c) of Section 13-202 to
a telecommunications carrier, which is incidental to the
provision of service subject to subsection (c) of Section
13-202; (5) pay telephone service; or (6) interexchange
telecommunications service. The customer may cease
contributing at any time upon providing notice to the
telecommunications carrier. The notice shall state that any
contribution made will not reduce the customer's bill for
telecommunications services. Failure to remit the amount of
increased payment will reduce the contribution accordingly.
The Commission shall specify the monthly fixed amount or
amounts that customers wishing to contribute to the funding of
the Program to Foster Elimination of the Digital Divide may
choose from in making their contributions. A
telecommunications carrier subject to this obligation shall
remit the amounts contributed by its customers to the
Department of Commerce and Economic Opportunity for deposit in
the Digital Divide Elimination Fund at the intervals specified
in the Commission rules.
(Source: P.A. 93-358, eff. 1-1-04; 94-793, eff. 5-19-06.)
(220 ILCS 5/13-301.3)
Sec. 13-301.3. Digital Divide Elimination Infrastructure
Program.
(a) The Digital Divide Elimination Infrastructure Fund is
created as a special fund in the State treasury. All moneys in
the Fund shall be used, subject to appropriation, by the
Commission to fund (i) the construction of facilities specified
in Commission rules adopted under this Section and (ii) the
accessible electronic information program, as provided in
Section 20 of the Accessible Electronic Information Act. The
Commission may accept private and public funds, including
federal funds, for deposit into the Fund. Earnings attributable
to moneys in the Fund shall be deposited into the Fund.
(b) The Commission shall adopt rules under which it will
make grants out of funds appropriated from the Digital Divide
Elimination Infrastructure Fund to eligible entities as
specified in the rules for the construction of high-speed data
transmission facilities in eligible areas of the State. For
purposes of determining whether an area is an eligible area,
the Commission shall consider, among other things, whether (i)
in such area, advanced telecommunications services, as defined
in subsection (c) of Section 13-517 of this Act, are
under-provided to residential or small business end users,
either directly or indirectly through an Internet Service
Provider, (ii) such area has a low population density, and
(iii) such area has not yet developed a competitive market for
advanced services. In addition, if an entity seeking a grant of
funds from the Digital Divide Elimination Infrastructure Fund
is an incumbent local exchange carrier having the duty to serve
such area, and the obligation to provide advanced services to
such area pursuant to Section 13-517 of this Act, the entity
shall demonstrate that it has sought and obtained an exemption
from such obligation pursuant to subsection (b) of Section
13-517. Any entity seeking a grant of funds from the Digital
Divide Elimination Infrastructure Fund shall demonstrate to
the Commission that the grant shall be used for the
construction of high-speed data transmission facilities in an
eligible area and demonstrate that it satisfies all other
requirements of the Commission's rules. The Commission shall
determine the information that it deems necessary to award
grants pursuant to this Section.
(c) The rules of the Commission shall provide for the
competitive selection of recipients of grant funds available
from the Digital Divide Elimination Infrastructure Fund
pursuant to the Illinois Procurement Code. Grants shall be
awarded to bidders chosen on the basis of the criteria
established in such rules.
(d) All entities awarded grant moneys under this Section
shall maintain all records required by Commission rule for the
period of time specified in the rules. Such records shall be
subject to audit by the Commission, by any auditor appointed by
the State, or by any State officer authorized to conduct
audits.
(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03;
93-797, eff. 7-22-04.)
(220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302)
Sec. 13-302. (a) No telecommunications carrier shall
implement a local measured service calling plan which does not
include one of the following elements:
(1) the residential customer has the option of a flat
rate local calling service under which local calls are not
charged for frequency or duration; or
(2) residential calls to points within an untimed
calling zone approved by the Commission are not charged for
duration; or
(3) a low income residential Universal Service
Assistance Program, which meets criteria set forth by the
Commission, is available.
(b) In formulating the criteria for the low income
residential Universal Service Assistance Program referred to
in paragraph (3) of subsection (a), the Commission shall
consider the desirability of various alternatives, including a
reduction of the access line charge or connection charge for
eligible customers.
(c) For local measured service plans implemented prior to
the effective date of this amendatory Act of 1987 which do not
contain one of the elements specified in paragraph (1) or (2)
of subsection (a) of this Section, the Commission shall order
the telecommunications carrier having such a plan to include
one of the elements specified in paragraph (1) or (2) of
subsection (a) of this Section by January 1, 1989.
(Source: P.A. 85-1286.)
(220 ILCS 5/13-303)
Sec. 13-303. Action to enforce law or orders. Whenever the
Commission is of the opinion that a telecommunications carrier
is failing or omitting, or is about to fail or omit, to do
anything required of it by law or by an order, decision, rule,
regulation, direction, or requirement of the Commission or is
doing or permitting anything to be done, or is about to do
anything or is about to permit anything to be done, contrary to
or in violation of law or an order, decision, rule, regulation,
direction, or requirement of the Commission, the Commission
shall file an action or proceeding in the circuit court in and
for the county in which the case or some part thereof arose or
in which the telecommunications carrier complained of has its
principal place of business, in the name of the People of the
State of Illinois for the purpose of having the violation or
threatened violation stopped and prevented either by mandamus
or injunction. The Commission may express its opinion in a
resolution based upon whatever factual information has come to
its attention and may issue the resolution ex parte and without
holding any administrative hearing before bringing suit.
Except in cases involving an imminent threat to the public
health and safety, no such resolution shall be adopted until 48
hours after the telecommunications carrier has been given
notice of (i) the substance of the alleged violation, including
citation to the law, order, decision, rule, regulation, or
direction of the Commission alleged to have been violated and
(ii) the time and the date of the meeting at which such
resolution will first be before the Commission for
consideration.
The Commission shall file the action or proceeding by
complaint in the circuit court alleging the violation or
threatened violation complained of and praying for appropriate
relief by way of mandamus or injunction. It shall be the duty
of the court to specify a time, not exceeding 20 days after the
service of the copy of the complaint, within which the
telecommunications carrier complained of must answer the
complaint, and in the meantime the telecommunications carrier
may be restrained. In case of default in answer or after
answer, the court shall immediately inquire into the facts and
circumstances of the case. The telecommunications carrier and
persons that the court may deem necessary or proper may be
joined as parties. The final judgment in any action or
proceeding shall either dismiss the action or proceeding or
grant relief by mandamus or injunction as prayed for in the
complaint, or in such modified or other form as will afford
appropriate relief in the court's judgment.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-303.5)
Sec. 13-303.5. Injunctive relief. If, after a hearing, the
Commission determines that a telecommunications carrier has
violated this Act or a Commission order or rule, any
telecommunications carrier adversely affected by the violation
may seek injunctive relief in circuit court.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-304)
Sec. 13-304. Action to recover civil penalties.
(a) The Commission shall assess and collect all civil
penalties established under this Act against
telecommunications carriers, corporations other than
telecommunications carriers, and persons acting as
telecommunications carriers. Except for the penalties provided
under Section 2-202, civil penalties may be assessed only after
notice and opportunity to be heard. Any such civil penalty may
be compromised by the Commission. In determining the amount of
the civil penalty to be assessed, or the amount of the civil
penalty to be compromised, the Commission is authorized to
consider any matters of record in aggravation or mitigation of
the penalty, including but not limited to the following:
(1) the duration and gravity of the violation of the
Act, the rules, or the order of the Commission;
(2) the presence or absence of due diligence on the
part of the violator in attempting either to comply with
requirements of the Act, the rules, or the order of the
Commission, or to secure lawful relief from those
requirements;
(3) any economic benefits accrued by the violator
because of the delay in compliance with requirements of the
Act, the rules, or the order of the Commission; and
(4) the amount of monetary penalty that will serve to
deter further violations by the violator and to otherwise
aid in enhancing voluntary compliance with the Act, the
rules, or the order of the Commission by the violator and
other persons similarly subject to the Act.
(b) If timely judicial review of a Commission order that
imposes a civil penalty is taken by a telecommunications
carrier, a corporation other than a telecommunications
carrier, or a person acting as a telecommunications carrier on
whom or on which the civil penalty has been imposed, the
reviewing court shall enter a judgment on all amounts upon
affirmance of the Commission order. If timely judicial review
is not taken and the civil penalty remains unpaid for 60 days
after service of the order, the Commission in its discretion
may either begin revocation proceedings or bring suit to
recover the penalties. Unless stayed by a reviewing court,
interest shall accrue from the 60th day after the date of
service of the Commission order to the date full payment is
received by the Commission.
(c) Actions to recover delinquent civil penalties under
this Section shall be brought in the name of the People of the
State of Illinois in the circuit court in and for the county in
which the cause, or some part thereof, arose, or in which the
entity complained of resides. The action shall be commenced and
prosecuted to final judgement by the Commission. In any such
action, all interest incurred up to the time of final court
judgment may be recovered in that action. In all such actions,
the procedure and rules of evidence shall be the same as in
ordinary civil actions, except as otherwise herein provided.
Any such action may be compromised or discontinued on
application of the Commission upon such terms as the court
shall approve and order.
(d) Civil penalties related to the late filing of reports,
taxes, or other filings shall be paid into the State treasury
to the credit of the Public Utility Fund. Except as otherwise
provided in this Act, all other fines and civil penalties shall
be paid into the State treasury to the credit of the General
Revenue Fund.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-305)
Sec. 13-305. Amount of civil penalty. A telecommunications
carrier, any corporation other than a telecommunications
carrier, or any person acting as a telecommunications carrier
that violates or fails to comply with any provisions of this
Act or that fails to obey, observe, or comply with any order,
decision, rule, regulation, direction, or requirement, or any
part or provision thereof, of the Commission, made or issued
under authority of this Act, in a case in which a civil penalty
is not otherwise provided for in this Act, but excepting
Section 5-202 of the Act, shall be subject to a civil penalty
imposed in the manner provided in Section 13-304 of no more
than $30,000 or 0.00825% of the carrier's gross intrastate
annual telecommunications revenue, whichever is greater, for
each offense unless the violator has fewer than 35,000
subscriber access lines, in which case the civil penalty may
not exceed $2,000 for each offense.
A telecommunications carrier subject to administrative
penalties resulting from a final Commission order approving an
intercorporate transaction entered pursuant to Section 7-204
of this Act shall be subject to penalties under this Section
imposed for the same conduct only to the extent that such
penalties exceed those imposed by the final Commission order.
Every violation of the provisions of this Act or of any
order, decision, rule, regulation, direction, or requirement
of the Commission, or any part or provision thereof, by any
corporation or person, is a separate and distinct offense.
Penalties under this Section shall attach and begin to accrue
from the day after written notice is delivered to such party or
parties that they are in violation of or have failed to comply
with this Act or an order, decision, rule, regulation,
direction, or requirement of the Commission, or part or
provision thereof. In case of a continuing violation, each
day's continuance thereof shall be a separate and distinct
offense.
In construing and enforcing the provisions of this Act
relating to penalties, the act, omission, or failure of any
officer, agent, or employee of any telecommunications carrier
or of any person acting within the scope of his or her duties
or employment shall in every case be deemed to be the act,
omission, or failure of such telecommunications carrier or
person.
If the party who has violated or failed to comply with this
Act or an order, decision, rule, regulation, direction, or
requirement of the Commission, or any part or provision
thereof, fails to seek timely review pursuant to Sections
10-113 and 10-201 of this Act, the party shall, upon expiration
of the statutory time limit, be subject to the civil penalty
provision of this Section.
Twenty percent of all moneys collected under this Section
shall be deposited into the Digital Divide Elimination Fund and
20% of all moneys collected under this Section shall be
deposited into the Digital Divide Elimination Infrastructure
Fund.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
Sec. 13-401. Certificate of Service Authority.
(a) No telecommunications carrier not possessing a
certificate of public convenience and necessity or certificate
of authority from the Commission at the time this Article goes
into effect shall transact any business in this State until it
shall have obtained a certificate of service authority from the
Commission pursuant to the provisions of this Article.
No telecommunications carrier offering or providing, or
seeking to offer or provide, any interexchange
telecommunications service shall do so until it has applied for
and received a Certificate of Interexchange Service Authority
pursuant to the provisions of Section 13-403. No
telecommunications carrier offering or providing, or seeking
to offer or provide, any local exchange telecommunications
service shall do so until it has applied for and received a
Certificate of Exchange Service Authority pursuant to the
provisions of Section 13-405.
Notwithstanding Sections 13-403, 13-404, and 13-405, the
Commission shall approve a cellular radio application for a
Certificate of Service Authority without a hearing upon a
showing by the cellular applicant that the Federal
Communications Commission has issued to it a construction
permit or an operating license to construct or operate a
cellular radio system in the area as defined by the Federal
Communications Commission, or portion of the area, for which
the carrier seeks a Certificate of Service Authority.
No Certificate of Service Authority issued by the
Commission shall be construed as granting a monopoly or
exclusive privilege, immunity or franchise. The issuance of a
Certificate of Service Authority to any telecommunications
carrier shall not preclude the Commission from issuing
additional Certificates of Service Authority to other
telecommunications carriers providing the same or equivalent
service or serving the same geographical area or customers as
any previously certified carrier, except to the extent
otherwise provided by Sections 13-403 and 13-405.
Any certificate of public convenience and necessity
granted by the Commission to a telecommunications carrier prior
to the effective date of this Article shall remain in full
force and effect, and such carriers need not apply for a
Certificate of Service Authority in order to continue offering
or providing service to the extent authorized in such
certificate of public convenience and necessity. Any such
carrier, however, prior to substantially altering the nature or
scope of services provided under a certificate of public
convenience and necessity, or adding or expanding services
beyond the authority contained in such certificate, must apply
for a Certificate of Service Authority for such alterations or
additions pursuant to the provisions of this Article.
The Commission shall review and modify the terms of any
certificate of public convenience and necessity issued to a
telecommunications carrier prior to the effective date of this
Article in order to ensure its conformity with the requirements
and policies of this Article. Any Certificate of Service
Authority may be altered or modified by the Commission, after
notice and hearing, upon its own motion or upon application of
the person or company affected. Unless exercised within a
period of two years from the issuance thereof, authority
conferred by a Certificate of Service Authority shall be null
and void.
(b) The Commission may issue a temporary Certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice and hearing,
pending the determination of an application for a Certificate,
and may by regulation exempt from the requirements of this
Section temporary acts or operations for which the issuance of
a certificate is not necessary in the public interest and which
will not be required therefor.
(Source: P.A. 87-856.)
(220 ILCS 5/13-401.1)
Sec. 13-401.1. Interconnected voice over Internet protocol
(VoIP) service provider registration.
(a) An Interconnected VoIP provider providing fixed or
non-nomadic service in Illinois on December 1, 2010 shall
register with the Commission no later than January 1, 2011. All
other Interconnected VoIP providers providing fixed or
non-nomadic service in Illinois shall register with the
Commission at least 30 days before providing service in
Illinois. The Commission shall prescribe a registration form no
later than October 1, 2010. The registration form prescribed by
the Commission shall only require the following information:
(1) the provider's legal name and any name under which
the provider does or will do business in Illinois, as
authorized by the Secretary of State;
(2) the provider's address and telephone number, along
with contact information for the person responsible for
ongoing communications with the Commission;
(3) a description of the provider's dispute resolution
process and, if any, the telephone number to initiate the
dispute resolution process; and
(4) a description of each exchange of a local exchange
company, in whole or in part, or the cities, towns, or
geographic areas, in whole or in part, in which the
provider is offering or proposes to offer Interconnected
VoIP service.
A provider must notify the Commission of any change in the
information identified in paragraphs (1), (2), (3), or (4) of
this subsection (a) within 5 business days after any such
change.
(b) A provider shall charge and collect from its end-user
customers, and remit to the appropriate authority, fees and
surcharges in the same manner as are charged and collected upon
end-user customers of local exchange telecommunications
service and remitted by local exchange telecommunications
companies for local enhanced 9-1-1 surcharges.
(c) A provider may designate information that it submits in
its registration form or subsequent reports as confidential or
proprietary, provided that the provider states the reasons the
confidential designation is necessary. The Commission shall
provide adequate protection for such information pursuant to
Section 4-404 of this Act. If the Commission or any other party
seeks public disclosure of information designated as
confidential, the Commission shall consider the confidential
designation in a proceeding under the Illinois Administrative
Procedure Act, and the burden of proof to demonstrate that the
designated information is confidential shall be upon the
provider. Designated information shall remain confidential
pending the Commission's determination of whether the
information is entitled to confidential treatment. Information
designated as confidential shall be provided to local units of
government for purposes of assessing compliance with this
Article as permitted under a protective order issued by the
Commission pursuant to the Commission's rules and to the
Attorney General pursuant to Section 6.5 of the Attorney
General Act. Information designated as confidential under this
Section or determined to be confidential upon Commission review
shall only be disclosed pursuant to a valid and enforceable
subpoena or court order or as required by the Freedom of
Information Act.
(d) Notwithstanding any other provision of law to the
contrary, the Commission shall have the authority, after notice
and hearing, to revoke or suspend the registration of any
provider that fails to comply with the requirements of this
Section.
(e) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-402) (from Ch. 111 2/3, par. 13-402)
Sec. 13-402. The Commission is authorized, in connection
with the issuance or modification of a Certificate of
Interexchange Service Authority or the modification of a
certificate of public convenience and necessity for
interexchange telecommunications service, to waive or modify
the application of its rules, general orders, procedures or
notice requirements when such action will reduce the economic
burdens of regulation and such waiver or modification is not
inconsistent with the law or the purposes and policies of this
Article.
Any such waiver or modification granted to any
interexchange telecommunications carrier which has, or any
group of such carriers any one of which has annual revenues
exceeding $10,000,000 shall be automatically applied fully and
equally to all such carriers with annual revenues exceeding
$10,000,000 unless the Commission specifically finds, after
notice to all such carriers and a hearing, that restricting the
application of such waiver or modification to only one such
carrier or some group of such carriers is consistent with and
would promote the purposes and policies of this Article and the
protection of telecommunications customers.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
Sec. 13-403. Interexchange service authority; approval.
The Commission shall approve an application for a Certificate
of Interexchange Service Authority only upon a showing by the
applicant, and a finding by the Commission, after notice and
hearing, that the applicant possesses sufficient technical,
financial and managerial resources and abilities to provide
interexchange telecommunications service. The removal from
this Section of the dialing restrictions by this amendatory Act
of 1992 does not create any legislative presumption for or
against intra-Market Service Area presubscription or changes
in intra-Market Service Area dialing arrangements related to
the implementation of that presubscription, but simply vests
jurisdiction in the Illinois Commerce Commission to consider
after notice and hearing the issue of presubscription in
accordance with the policy goals outlined in Section 13-103.
The Commission shall have authority to alter the boundaries
of Market Service Areas when such alteration is consistent with
the public interest and the purposes and policies of this
Article. A determination by the Commission with respect to
Market Service Area boundaries shall not modify or affect the
rights or obligations of any telecommunications carrier with
respect to any consent decree or agreement with the United
States Department of Justice, including, but not limited to,
the Modification of Final Judgment in United States v. Western
Electric Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from
time to time.
(Source: P.A. 91-357, eff. 7-29-99.)
(220 ILCS 5/13-404) (from Ch. 111 2/3, par. 13-404)
Sec. 13-404. Any telecommunications carrier offering or
providing the resale of either local exchange or interexchange
telecommunications service must first obtain a Certificate of
Service Authority. The Commission shall approve an application
for a Certificate for the resale of local exchange or
interexchange telecommunications service upon a showing by the
applicant, and a finding by the Commission, after notice and
hearing, that the applicant possesses sufficient technical,
financial and managerial resources and abilities to provide the
resale of telecommunications service.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-404.1)
Sec. 13-404.1. Prepaid calling service authority; rules.
(a) The General Assembly finds that it is necessary to
require the certification of prepaid calling service providers
to protect and promote against fraud the legitimate business
interests of persons or entities currently providing prepaid
calling service to Illinois end users and Illinois end users
who purchase these services.
(b) On and after July 1, 2005, it shall be unlawful for any
prepaid calling service provider to offer or provide or seek to
offer or provide to any distributor, prepaid calling service
reseller, prepaid calling service retailer, or end user any
prepaid calling service unless the prepaid calling service
provider has applied for and received a Certificate of Prepaid
Calling Service Provider Authority from the Commission. The
Commission shall approve an application for a Certificate of
Prepaid Calling Service Provider Authority upon a showing by
the applicant, and a finding by the Commission, after notice
and hearing, that the applicant possesses sufficient
technical, financial, and managerial resources and abilities
to provide prepaid calling services. The Commission shall
approve an application for a Certificate of Prepaid Calling
Service Provider Authority without a hearing upon a showing by
the applicant that the Commission has issued an appropriate
Certificate of Service Authority (whether a Certificate of
Interexchange Service Authority or Certificate of Exchange
Service Authority or both) to the applicant or the
telecommunications carrier whose service the applicant is
seeking to resell, provided that the telecommunications
carrier remains in good standing with the Commission. The
Commission may adopt rules necessary for the administration of
this subsection.
(c) Upon issuance of a Certificate of Prepaid Calling
Service Provider Authority to a prepaid calling service
provider, the Commission shall post a list that contains the
full legal name of the prepaid service provider, the docket
number of the provider's certification proceeding, and the
toll-free customer service number of the certified prepaid
calling service provider on the Commission's web site on a link
solely dedicated to prepaid calling service providers. If the
certified prepaid calling service provider changes its
toll-free customer service number, it is the duty of the
certified prepaid calling service provider to provide the
Commission with notice of the change and with the provider's
new toll-free customer service number at least 24 hours prior
to changing its toll-free customer service number. The
Commission may adopt rules that further define the
administration of this subsection.
(d) Any and all enforcement authority granted to the
Commission under this Article over any Certificate of Service
Authority shall apply equally and without limitation to
Certificates of Prepaid Calling Service Provider Authority.
(Source: P.A. 93-1002, eff. 1-1-05.)
(220 ILCS 5/13-404.2)
Sec. 13-404.2. Prepaid calling service standards. The
Commission, by rule, may establish and implement minimum
service quality standards for prepaid calling service. The
rules may include, but are not limited to, requiring access to
a live customer service attendant through the customer service
number, reporting requirements, fines, penalties, customer
credits, remedies, and other enforcement mechanisms to ensure
compliance with the service quality standards.
(Source: P.A. 93-1002, eff. 1-1-05.)
(220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)
Sec. 13-405. Local exchange service authority; approval.
The Commission shall approve an application for a Certificate
of Exchange Service Authority only upon a showing by the
applicant, and a finding by the Commission, after notice and
hearing, that the applicant possesses sufficient technical,
financial, and managerial resources and abilities to provide
local exchange telecommunications service.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-405.1) (from Ch. 111 2/3, par. 13-405.1)
Sec. 13-405.1. Interexchange services; incidental local
service. Whether or not a telecommunications carrier is
certified to offer or provide local exchange
telecommunications service, nothing in Section 13-405 shall be
construed to require the withdrawal or prevent the offering of
interexchange services merely because incidental use of such
service by the customer for local exchange telecommunications
service is possible.
(Source: P.A. 87-856.)
(220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
Sec. 13-406. Abandonment of service. No telecommunications
carrier offering or providing noncompetitive
telecommunications service pursuant to a valid Certificate of
Service Authority or certificate of public convenience and
necessity shall discontinue or abandon such service once
initiated until and unless it shall demonstrate, and the
Commission finds, after notice and hearing, that such
discontinuance or abandonment will not deprive customers of any
necessary or essential telecommunications service or access
thereto and is not otherwise contrary to the public interest.
No telecommunications carrier offering or providing
competitive telecommunications service shall completely
discontinue or abandon such service to an identifiable class or
group of customers once initiated except upon 60 days notice to
the Commission and affected customers. The Commission may, upon
its own motion or upon complaint, investigate the proposed
discontinuance or abandonment of a competitive
telecommunications service and may, after notice and hearing,
prohibit such proposed discontinuance or abandonment if the
Commission finds that it would be contrary to the public
interest. If the Commission does not provide notice of a
hearing within 60 calendar days after the notification or holds
a hearing and fails to find that the proposed discontinuation
or abandonment would be contrary to the public interest, the
provider may discontinue or abandon such service after
providing at least 30 days notice to affected customers. This
Section does not apply to a Large Electing Provider proceeding
under Section 13-406.1.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-406.1 new)
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 700,000 access lines to end
users; and (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
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)
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
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
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
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
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
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
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
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
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
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)
of this Section or this subsection (c).
(220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
Sec. 13-407. Commission study and report. The Commission
shall monitor and analyze patterns of entry and exit and
changes in patterns of entry and exit for each relevant market
for telecommunications services, including emerging high speed
telecommunications markets and broadband services. The
Commission shall include its findings together with
appropriate recommendations for legislative action in its
annual report to the General Assembly. The Commission shall
provide an analysis of entry and exit, along with changes in
patterns of entry and exit, for broadband services in its
annual report to the General Assembly.
In preparing its annual report, the Commission may obtain
any information on broadband services that has been collected
or is in the possession of the Department of Commerce and
Economic Opportunity pursuant to the High Speed Internet
Services and Information Technology Act. The Commission shall
coordinate with the Department of Commerce and Economic
Opportunity in collecting information to avoid a duplication of
efforts.
The Commission shall also monitor and analyze the status of
deployment of services to consumers, and any resulting "digital
divisions" between consumers, including any changes or trends
therein. The Commission shall include its findings together
with appropriate recommendations for legislative action in its
annual report to the General Assembly. In preparing this
analysis the Commission shall evaluate information provided by
certificated telecommunications carriers, registered
Interconnected VoIP providers, and Facilities-based Providers
of Broadband Connections to End User Locations that pertains to
the state of competition in telecommunications markets
including, but not limited to:
(1) the number and type of firms providing
telecommunications services and broadband services, within
the State;
(2) the services offered by these firms to both retail
and wholesale customers;
(3) the extent to which customers and other providers
are purchasing the firms' services; and
(4) the technologies or methods by which these firms
provide these services, including descriptions of
technologies in place and under development, and the degree
to which firms rely on other wholesale providers to provide
service to their own customers.
The Commission shall at a minimum assess the variability in
this information according to geography, examining variability
by exchange, wirecenter, or zip code, and by customer class,
examining, at a minimum, the variability between residential
and small, medium, and large business customers. The Commission
shall provide an analysis of market trends by collecting this
information from certificated telecommunications carriers,
registered Interconnected VoIP providers, and Facilities-based
Providers of Broadband Connections to End User Locations within
the State. The Commission shall also collect all information,
in a format determined by the Commission, that the Commission
deems necessary to assist in monitoring and analyzing the
telecommunications markets and broadband market, along with
the status of competition and deployment of telecommunications
services and broadband services to consumers in the State.
Notwithstanding any other provision of this Act,
certificated telecommunications carriers and registered
Interconnected VoIP providers shall report to the Commission
such information, with the exception of broadband information,
requested by the Commission necessary to satisfy the reporting
requirements of items (1) through (4) of this Section. The
Commission may coordinate and work with the Department of
Commerce and Economic Opportunity to avoid duplication of
collection of information that is collected pursuant to the
High Speed Internet Services and Information Technology Act.
For the purposes of this Section:
"Broadband connections" include wired lines or
wireless channels that enable the end user to receive
information from or send information to the Internet at
information transfer rates exceeding 200 kbps in at least
one direction.
"End user" includes a residential, business,
institutional, or government entity who uses broadband
services for its own purposes and who does not resell such
services to other entities or incorporate such services
into retail Internet-access services. For purposes of this
Section, an Internet Service Provider (ISP) is not an end
user of a broadband connection.
"Facilities-based Provider of Broadband Connections to
End User Locations" means an entity that meets any of the
following conditions:
(i) It owns the portion of the physical facility
that terminates at the end user location.
(ii) It obtains unbundled network elements (UNEs),
special access lines, or other leased facilities that
terminate at the end user location and provisions or
equips them as broadband.
(iii) It provisions or equips a broadband wireless
channel to the end user location over licensed or
unlicensed spectrum.
"Facilities-based Provider of Broadband Connections to
End User Locations" does not include providers of
terrestrial fixed wireless services (such as Wi-Fi and
other wireless Ethernet, or wireless local area network,
applications) that only enable local distribution and
sharing of a premises broadband facility and does not
include air-to-ground services.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
Sec. 13-501. Tariff; filing.
(a) No telecommunications carrier shall offer or provide
noncompetitive telecommunications service, telecommunications
service subject to subsection (g) of Section 13-506.2 or
Section 13-900.1 or 13-900.2 of this Act, or telecommunications
service referred to in an interconnection agreement as a
tariffed service unless and until a tariff is filed with the
Commission which describes the nature of the service,
applicable rates and other charges, terms and conditions of
service, and the exchange, exchanges or other geographical area
or areas in which the service shall be offered or provided. The
Commission may prescribe the form of such tariff and any
additional data or information which shall be included therein.
(b) After a hearing regarding a telecommunications service
subject to subsection (a) of this Section, the Commission has
the discretion to impose an interim or permanent tariff on a
telecommunications carrier as part of the order in the case.
When a tariff is imposed as part of the order in a case, the
tariff shall remain in full force and effect until a compliance
tariff, or superseding tariff, is filed by the
telecommunications carrier and, after notice to the parties in
the case and after a compliance hearing is held, is found by
the Commission to be in compliance with the Commission's order.
(c) A telecommunications carrier shall offer or provide
telecommunications service that is not subject to subsection
(a) of this Section pursuant to either a tariff filed with the
Commission or a written service offering that shall be
available on the telecommunications carrier's website as
required by Section 13-503 of this Act and that describes the
nature of the service, applicable rates and other charges,
terms and conditions of service. Revenue from competitive
retail telecommunications service received by a
telecommunications carrier pursuant to either a tariff or a
written service offering shall be gross revenue for purposes of
Section 2-202 of this Act.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-501.5)
Sec. 13-501.5. Directory assistance service for the blind.
A telecommunications carrier that provides directory
assistance service shall provide in its tariffs or its written
service offering pursuant to subsection (c) of Section 13-501
of this Act for that service that directory assistance shall be
provided at no charge to its customers who are legally blind
for telephone numbers of customers located within the same
calling area, as described in the telecommunications carrier's
tariff.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
Sec. 13-502. Classification of services.
(a) All telecommunications services offered or provided
under tariff by telecommunications carriers shall be
classified as either competitive or noncompetitive. A
telecommunications carrier may offer or provide either
competitive or noncompetitive telecommunications services, or
both, subject to proper certification and other applicable
provisions of this Article. Any tariff filed with the
Commission as required by Section 13-501 shall indicate whether
the service to be offered or provided is competitive or
noncompetitive.
(b) A service shall be classified as competitive only if,
and only to the extent that, for some identifiable class or
group of customers in an exchange, group of exchanges, or some
other clearly defined geographical area, such service, or its
functional equivalent, or a substitute service, is reasonably
available from more than one provider, whether or not any such
provider is a telecommunications carrier subject to regulation
under this Act. All telecommunications services not properly
classified as competitive shall be classified as
noncompetitive. The Commission shall have the power to
investigate the propriety of any classification of a
telecommunications service on its own motion and shall
investigate upon complaint. In any hearing or investigation,
the burden of proof as to the proper classification of any
service shall rest upon the telecommunications carrier
providing the service. After notice and hearing, the Commission
shall order the proper classification of any service in whole
or in part. The Commission shall make its determination and
issue its final order no later than 180 days from the date such
hearing or investigation is initiated. If the Commission enters
into a hearing upon complaint and if the Commission fails to
issue an order within that period, the complaint shall be
deemed granted unless the Commission, the complainant, and the
telecommunications carrier providing the service agree to
extend the time period.
(c) In determining whether a service should be reclassified
as competitive, the Commission shall, at a minimum, consider
the following factors:
(1) the number, size, and geographic distribution of
other providers of the service;
(2) the availability of functionally equivalent
services in the relevant geographic area and the ability of
telecommunications carriers or other persons to make the
same, equivalent, or substitutable service readily
available in the relevant market at comparable rates,
terms, and conditions;
(3) the existence of economic, technological, or any
other barriers to entry into, or exit from, the relevant
market;
(4) the extent to which other telecommunications
companies must rely upon the service of another
telecommunications carrier to provide telecommunications
service; and
(5) any other factors that may affect competition and
the public interest that the Commission deems appropriate.
(d) No tariff classifying a new telecommunications service
as competitive or reclassifying a previously noncompetitive
telecommunications service as competitive, which is filed by a
telecommunications carrier which also offers or provides
noncompetitive telecommunications service, shall be effective
unless and until such telecommunications carrier offering or
providing, or seeking to offer or provide, such proposed
competitive service prepares and files a study of the long-run
service incremental cost underlying such service and
demonstrates that the tariffed rates and charges for the
service and any relevant group of services that includes the
proposed competitive service and for which resources are used
in common solely by that group of services are not less than
the long-run service incremental cost of providing the service
and each relevant group of services. Such study shall be given
proprietary treatment by the Commission at the request of such
carrier if any other provider of the competitive service, its
functional equivalent, or a substitute service in the
geographical area described by the proposed tariff has not
filed, or has not been required to file, such a study.
(e) In the event any telecommunications service has been
classified and filed as competitive by the telecommunications
carrier, and has been offered or provided on such basis, and
the Commission subsequently determines after investigation
that such classification improperly included services which
were in fact noncompetitive, the Commission shall have the
power to determine and order refunds to customers for any
overcharges which may have resulted from the improper
classification, or to order such other remedies provided to it
under this Act, or to seek an appropriate remedy or relief in a
court of competent jurisdiction.
(f) If no hearing or investigation regarding the propriety
of a competitive classification of a telecommunications
service is initiated within 180 days after a telecommunications
carrier files a tariff listing such telecommunications service
as competitive, no refunds to customers for any overcharges
which may result from an improper classification shall be
ordered for the period from the time the telecommunications
carrier filed such tariff listing the service as competitive up
to the time an investigation of the service classification is
initiated by the Commission's own motion or the filing of a
complaint. Where a hearing or an investigation regarding the
propriety of a telecommunications service classification as
competitive is initiated after 180 days from the filing of the
tariff, the period subject to refund for improper
classification shall begin on the date such investigation or
hearing is initiated by the filing of a Commission motion or a
complaint.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-502.5)
Sec. 13-502.5. Services alleged to be improperly
classified.
(a) Any action or proceeding pending before the Commission
upon the effective date of this amendatory Act of the 92nd
General Assembly in which it is alleged that a
telecommunications carrier has improperly classified services
as competitive, other than a case pertaining to Section
13-506.1, shall be abated and shall not be maintained or
continued.
(b) All retail telecommunications services provided to
business end users by any telecommunications carrier subject,
as of May 1, 2001, to alternative regulation under an
alternative regulation plan pursuant to Section 13-506.1 of
this Act shall be classified as competitive as of the effective
date of this amendatory Act of the 92nd General Assembly
without further Commission review. Rates for retail
telecommunications services provided to business end users
with 4 or fewer access lines shall not exceed the rates the
carrier charged for those services on May 1, 2001. This
restriction upon the rates of retail telecommunications
services provided to business end users shall remain in force
and effect through July 1, 2005; provided, however, that
nothing in this Section shall be construed to prohibit
reduction of those rates. Rates for retail telecommunications
services provided to business end users with 5 or more access
lines shall not be subject to the restrictions set forth in
this subsection.
(c) All retail vertical services, as defined herein, that
are provided by a telecommunications carrier subject, as of May
1, 2001, to alternative regulation under an alternative
regulation plan pursuant to Section 13-506.1 of this Act shall
be classified as competitive as of June 1, 2003 without further
Commission review. Retail vertical services shall include, for
purposes of this Section, services available on a subscriber's
telephone line that the subscriber pays for on a periodic or
per use basis, but shall not include caller identification and
call waiting.
(d) Any action or proceeding before the Commission upon the
effective date of this amendatory Act of the 92nd General
Assembly, in which it is alleged that a telecommunications
carrier has improperly classified services as competitive,
other than a case pertaining to Section 13-506.1, shall be
abated and the services the classification of which is at issue
shall be deemed either competitive or noncompetitive as set
forth in this Section. Any telecommunications carrier subject
to an action or proceeding in which it is alleged that the
telecommunications carrier has improperly classified services
as competitive shall be deemed liable to refund, and shall
refund, the sum of $90,000,000 to that class or those classes
of its customers that were alleged to have paid rates in excess
of noncompetitive rates as the result of the alleged improper
classification. The telecommunications carrier shall make the
refund no later than 120 days after the effective date of this
amendatory Act of the 92nd General Assembly.
(e) Any telecommunications carrier subject to an action or
proceeding in which it is alleged that the telecommunications
carrier has improperly classified services as competitive
shall also pay the sum of $15,000,000 to the Digital Divide
Elimination Fund established pursuant to Section 5-20 of the
Eliminate the Digital Divide Law, and shall further pay the sum
of $15,000,000 to the Digital Divide Elimination
Infrastructure Fund established pursuant to Section 13-301.3
of this Act. The telecommunications carrier shall make each of
these payments in 3 installments of $5,000,000, payable on July
1 of 2002, 2003, and 2004. The telecommunications carrier shall
have no further accounting for these payments, which shall be
used for the purposes established in the Eliminate the Digital
Divide Law.
(f) All other services shall be classified pursuant to
Section 13-502 of this Act.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
Sec. 13-503. Information available to the public. With
respect to rates or other charges made, demanded, or received
for any telecommunications service offered, provided, or to be
provided, that is subject to subsection (a) of Section 13-501
of this Act, telecommunications carriers shall comply with the
publication and filing provisions of Sections 9-101, 9-102,
9-102.1, and 9-201 of this Act. Except for the provision of
services offered or provided by payphone providers pursuant to
a tariff, telecommunications carriers shall make all tariffs
and all written service offerings for competitive
telecommunications service available electronically to the
public without requiring a password or other means of
registration. A telecommunications carrier's website shall, if
applicable, provide in a conspicuous manner information on the
rates, charges, terms, and conditions of service available and
a toll-free telephone number that may be used to contact an
agent for assistance with obtaining rate or other charge
information or the terms and conditions of service.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
Sec. 13-504. Application of ratemaking provisions of
Article IX.
(a) Except where the context clearly renders such
provisions inapplicable, the ratemaking provisions of Article
IX of this Act relating to public utilities are fully and
equally applicable to the rates, charges, tariffs and
classifications for the offer or provision of noncompetitive
telecommunications services. However, the ratemaking
provisions do not apply to any proposed change in rates or
charges, any proposed change in any classification or tariff
resulting in a change in rates or charges, or the establishment
of new services and rates therefor for a noncompetitive local
exchange telecommunications service offered or provided by a
local exchange telecommunications carrier with no more than
35,000 subscriber access lines. Proposed changes in rates,
charges, classifications, or tariffs meeting these criteria
shall be permitted upon the filing of the proposed tariff and
30 days notice to the Commission and all potentially affected
customers. The proposed changes shall not be subject to
suspension. The Commission shall investigate whether any
proposed change is just and reasonable only if a
telecommunications carrier that is a customer of the local
exchange telecommunications carrier or 10% of the potentially
affected access line subscribers of the local exchange
telecommunications carrier shall file a petition or complaint
requesting an investigation of the proposed changes. When the
telecommunications carrier or 10% of the potentially affected
access line subscribers of a local exchange telecommunications
carrier file a complaint, the Commission shall, after notice
and hearing, have the power and duty to establish the rates,
charges, classifications, or tariffs it finds to be just and
reasonable.
(b) Subsection (c) of Section 13-502 and Sections 13-505.1,
13-505.4, 13-505.6, and 13-507 of this Article do not apply to
rates or charges or proposed changes in rates or charges for
applicable competitive or interexchange services when offered
or provided by a local exchange telecommunications carrier with
no more than 35,000 subscriber access lines. In addition,
Sections 13-514, 13-515, and 13-516 do not apply to
telecommunications carriers with no more than 35,000
subscriber access lines. The Commission may require
telecommunications carriers with no more than 35,000
subscriber access lines to furnish information that the
Commission deems necessary for a determination that rates and
charges for any competitive telecommunications service are
just and reasonable.
(c) For a local exchange telecommunications carrier with no
more than 35,000 access lines, the Commission shall consider
and adjust, as appropriate, a local exchange
telecommunications carrier's depreciation rates only in
ratemaking proceedings.
(d) Article VI and Sections 7-101 and 7-102 of Article VII
of this Act pertaining to public utilities, public utility
rates and services, and the regulation thereof are not
applicable to local exchange telecommunication carriers with
no more than 35,000 subscriber access lines.
(Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.)
(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
Sec. 13-505. Rate changes; competitive services. Any
proposed increase or decrease in rates or charges, or proposed
change in any classification, written service offering, or
tariff resulting in an increase or decrease in rates or
charges, for a competitive telecommunications service shall be
permitted upon the filing with the Commission or posting on the
telecommunications carrier's website of the proposed rate,
charge, classification, written service offering, or tariff
pursuant to Section 13-501 of this Act. Notice of an increase
shall be given, no later than the prior billing cycle, to all
potentially affected customers by mail or equivalent means of
notice, including electronic if the customer has elected
electronic billing. Additional notice by publication in a
newspaper of general circulation may also be given.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)
Sec. 13-505.2. Nondiscrimination in the provision of
noncompetitive services. A telecommunications carrier that
offers both noncompetitive and competitive services shall
offer the noncompetitive services under the same rates, terms,
and conditions without unreasonable discrimination to all
persons, including all telecommunications carriers and
competitors. A telecommunications carrier that offers a
noncompetitive service together with any optional feature or
functionality shall offer the noncompetitive service together
with each optional feature or functionality under the same
rates, terms, and conditions without unreasonable
discrimination to all persons, including all
telecommunications carriers and competitors.
(Source: P.A. 87-856.)
(220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3)
Sec. 13-505.3. Services for resale. A telecommunications
carrier that offers both noncompetitive and competitive
services shall offer all noncompetitive services, together
with each applicable optional feature or functionality,
subject to resale; however, the Commission may determine under
Article IX of this Act that certain noncompetitive services,
together with each applicable optional feature or
functionality, that are offered to residence customers under
different rates, charges, terms, or conditions than to other
customers should not be subject to resale under the rates,
charges, terms, or conditions available only to residence
customers.
(Source: P.A. 87-856.)
(220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
Sec. 13-505.4. Provision of noncompetitive services.
(a) A telecommunications carrier that offers or provides a
noncompetitive service, service element, feature, or
functionality on a separate, stand-alone basis to any customer
shall provide that service, service element, feature, or
functionality pursuant to tariff to all persons, including all
telecommunications carriers and competitors, in accordance
with the provisions of this Article.
(b) A telecommunications carrier that offers or provides a
noncompetitive service, service element, feature, or
functionality to any customer as part of an offering of
competitive services pursuant to tariff or contract shall
publicly disclose the offering or provisioning of the
noncompetitive service, service element, feature, or
functionality by filing with the Commission information that
generally describes the offering or provisioning and that shows
the rates, terms, and conditions of the noncompetitive service,
service element, feature, or functionality. The information
shall be filed with the Commission concurrently with the filing
of the tariff or not more than 10 days following the customer's
acceptance of the offering in a contract.
(c) A telecommunications carrier that is not subject to
regulation under an alternative regulation plan pursuant to
Section 13-506.1 of this Act may reduce the rate or charge for
a noncompetitive service, service element, feature, or
functionality offered to customers on a separate, stand-alone
basis or as part of a bundled service offering by filing with
the Commission a tariff that shows the reduced rate or charge
and all applicable terms and conditions of the noncompetitive
service, service element, feature, or functionality or bundled
offering. The reduction of rates or charges shall be permitted
upon the filing of the proposed rate, charge, classification,
tariff, or bundled offering. The total price of a bundled
offering shall not attribute any portion of the charge to
services subject to the jurisdiction of the Commission and
shall not be binding on the Commission in any proceeding under
Article IX of this Act to set the revenue requirement or to set
just and reasonable rates for services subject to the
jurisdiction of the Commission. Prices for bundles shall not be
subject to Section 13-505.1 of this Act. For purposes of this
subsection (c), a bundle is a group of services offered
together for a fixed price where at least one of the services
is an interLATA service as that term is defined in 47 U.S.C.
153(21), a cable service or a video service, a community
antenna television service, a satellite broadcast service, a
public mobile service as defined in Section 13-214 of this Act,
or an advanced telecommunications service as "advanced
telecommunications services" is defined in Section 13-517 of
this Act.
(Source: P.A. 95-9, eff. 6-30-07.)
(220 ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5)
Sec. 13-505.5. Requests for new noncompetitive services.
Any party may petition the Commission to request the provision
of a noncompetitive service not currently provided by a local
exchange carrier within its service territory. The Commission
shall grant the petition, provided that it can be demonstrated
that the provisioning of the requested service is technically
and economically practicable considering demand for the
service, and absent a finding that provision of the service is
otherwise contrary to the public interest. The Commission shall
render its decision within 180 days after the filing of the
petition unless extension of the time period is agreed to by
all the parties to the proceeding.
(Source: P.A. 87-856.)
(220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6)
Sec. 13-505.6. Unbundling of noncompetitive services. A
telecommunications carrier that provides both noncompetitive
and competitive telecommunications services shall provide all
noncompetitive telecommunications services on an unbundled
basis to the same extent the Federal Communications Commission
requires that carrier to unbundle the same services provided
under its jurisdiction. The Illinois Commerce Commission may
require additional unbundling of noncompetitive
telecommunications services over which it has jurisdiction
based on a determination, after notice and hearing, that
additional unbundling is in the public interest and is
consistent with the policy goals and other provisions of this
Act.
(Source: P.A. 87-856.)
(220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
Sec. 13-506.1. Alternative forms of regulation for
noncompetitive services.
(a) Notwithstanding any of the ratemaking provisions of
this Article or Article IX that are deemed to require rate of
return regulation, the Commission may implement alternative
forms of regulation in order to establish just and reasonable
rates for noncompetitive telecommunications services
including, but not limited to, price regulation, earnings
sharing, rate moratoria, or a network modernization plan. The
Commission is authorized to adopt different forms of regulation
to fit the particular characteristics of different
telecommunications carriers and their service areas.
In addition to the public policy goals declared in Section
13-103, the Commission shall consider, in determining the
appropriateness of any alternative form of regulation, whether
it will:
(1) reduce regulatory delay and costs over time;
(2) encourage innovation in services;
(3) promote efficiency;
(4) facilitate the broad dissemination of technical
improvements to all classes of ratepayers;
(5) enhance economic development of the State; and
(6) provide for fair, just, and reasonable rates.
(b) A telecommunications carrier providing noncompetitive
telecommunications services may petition the Commission to
regulate the rates or charges of its noncompetitive services
under an alternative form of regulation. The
telecommunications carrier shall submit with its petition its
plan for an alternative form of regulation. The Commission
shall review and may modify or reject the carrier's proposed
plan. The Commission also may initiate consideration of
alternative forms of regulation for a telecommunications
carrier on its own motion. The Commission may approve the plan
or modified plan and authorize its implementation only if it
finds, after notice and hearing, that the plan or modified plan
at a minimum:
(1) is in the public interest;
(2) will produce fair, just, and reasonable rates for
telecommunications services;
(3) responds to changes in technology and the structure
of the telecommunications industry that are, in fact,
occurring;
(4) constitutes a more appropriate form of regulation
based on the Commission's overall consideration of the
policy goals set forth in Section 13-103 and this Section;
(5) specifically identifies how ratepayers will
benefit from any efficiency gains, cost savings arising out
of the regulatory change, and improvements in productivity
due to technological change;
(6) will maintain the quality and availability of
telecommunications services; and
(7) will not unduly or unreasonably prejudice or
disadvantage any particular customer class, including
telecommunications carriers.
(c) An alternative regulation plan approved under this
Section shall provide, as a condition for Commission approval
of the plan, that for the first 3 years the plan is in effect,
basic residence service rates shall be no higher than those
rates in effect 180 days before the filing of the plan. This
provision shall not be used as a justification or rationale for
an increase in basic service rates for any other customer
class. For purposes of this Section, "basic residence service
rates" shall mean monthly recurring charges for the
telecommunications carrier's lowest priced primary residence
network access lines, along with any associated untimed or flat
rate local usage charges. Nothing in this subsection (c) shall
preclude the Commission from approving an alternative
regulation plan that results in rate reductions provided all
the requirements of subsection (b) are satisfied by the plan.
(d) Any alternative form of regulation granted for a
multi-year period under this Section shall provide for annual
or more frequent reporting to the Commission to document that
the requirements of the plan are being properly implemented.
(e) Upon petition by the telecommunications carrier or any
other person or upon its own motion, the Commission may rescind
its approval of an alternative form of regulation if, after
notice and hearing, it finds that the conditions set forth in
subsection (b) of this Section can no longer be satisfied. Any
person may file a complaint alleging that the rates charged by
a telecommunications carrier under an alternative form of
regulation are unfair, unjust, unreasonable, unduly
discriminatory, or are otherwise not consistent with the
requirements of this Article; provided, that the complainant
shall bear the burden of proving the allegations in the
complaint.
(f) Nothing in this Section shall be construed to authorize
the Commission to render Sections 9-241, 9-250, and 13-505.2
inapplicable to noncompetitive services.
(Source: P.A. 87-856.)
(220 ILCS 5/13-506.2)
Sec. 13-506.2. Market regulation for competitive retail
services.
(a) Definitions. As used in this Section:
(1) "Electing Provider" means a telecommunications
carrier that is subject to either rate regulation pursuant
to Section 13-504 or Section 13-505 or alternative
regulation pursuant to Section 13-506.1 and that elects to
have the rates, terms, and conditions of its competitive
retail telecommunications services solely determined and
regulated pursuant to the terms of this Article.
(2) "Basic local exchange service" means either a
stand-alone residence network access line and per-call
usage or, for any geographic area in which such stand-alone
service is not offered, a stand-alone flat rate residence
network access line for which local calls are not charged
for frequency or duration. Extended Area Service shall be
included in basic local exchange service.
(3) "Existing customer" means a residential customer
who was subscribing to one of the optional packages
described in subsection (d) of this Section as of the
effective date of this amendatory Act of the 99th General
Assembly. A customer who was subscribing to one of the
optional packages on that date but stops subscribing
thereafter shall not be considered an "existing customer"
as of the date the customer stopped subscribing to the
optional package, unless the stoppage is temporary and
caused by the customer changing service address locations,
or unless the customer resumes subscribing and is eligible
to receive discounts on monthly telephone service under the
federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
(4) "New customer" means a residential customer who was
not subscribing to one of the optional packages described
in subsection (d) of this Section as of the effective date
of this amendatory Act of the 99th General Assembly and who
is eligible to receive discounts on monthly telephone
service under the federal Lifeline program, 47 C.F.R. Part
54, Subpart E.
(b) Election for market regulation. Notwithstanding any
other provision of this Act, an Electing Provider may elect to
have the rates, terms, and conditions of its competitive retail
telecommunications services solely determined and regulated
pursuant to the terms of this Section by filing written notice
of its election for market regulation with the Commission. The
notice of election shall designate the geographic area of the
Electing Provider's service territory where the market
regulation shall apply, either on a state-wide basis or in one
or more specified Market Service Areas ("MSA") or Exchange
areas. An Electing Provider shall not make an election for
market regulation under this Section unless it commits in its
written notice of election for market regulation to fulfill the
conditions and requirements in this Section in each geographic
area in which market regulation is elected. Immediately upon
filing the notice of election for market regulation, the
Electing Provider shall be subject to the jurisdiction of the
Commission to the extent expressly provided in this Section.
(c) Competitive classification. Market regulation shall be
available for competitive retail telecommunications services
as provided in this subsection.
(1) For geographic areas in which telecommunications
services provided by the Electing Provider were classified
as competitive either through legislative action or a
tariff filing pursuant to Section 13-502 prior to January
1, 2010, and that are included in the Electing Provider's
notice of election pursuant to subsection (b) of this
Section, such services, and all recurring and nonrecurring
charges associated with, related to or used in connection
with such services, shall be classified as competitive
without further Commission review. For services classified
as competitive pursuant to this subsection, the
requirements or conditions in any order or decision
rendered by the Commission pursuant to Section 13-502 prior
to the effective date of this amendatory Act of the 96th
General Assembly, except for the commitments made by the
Electing Provider in such order or decision concerning the
optional packages required in subsection (d) of this
Section and basic local exchange service as defined in this
Section, shall no longer be in effect and no Commission
investigation, review, or proceeding under Section 13-502
shall be continued, conducted, or maintained with respect
to such services, charges, requirements, or conditions. If
an Electing Provider has ceased providing optional
packages to customers pursuant to subdivision (d)(8) of
this Section, the commitments made by the Electing Provider
in such order or decision concerning the optional packages
under subsection (d) of this Section shall no longer be in
effect and no Commission investigation, review, or
proceeding under Section 13-502 shall be continued,
conducted, or maintained with respect to such packages.
(2) For those geographic areas in which residential
local exchange telecommunications services have not been
classified as competitive as of the effective date of this
amendatory Act of the 96th General Assembly, all
telecommunications services provided to residential and
business end users by an Electing Provider in the
geographic area that is included in its notice of election
pursuant to subsection (b) shall be classified as
competitive for purposes of this Article without further
Commission review.
(3) If an Electing Provider was previously subject to
alternative regulation pursuant to Section 13-506.1 of
this Article, the alternative regulation plan shall
terminate in whole for all services subject to that plan
and be of no force or effect, without further Commission
review or action, when the Electing Provider's residential
local exchange telecommunications service in each MSA in
its telecommunications service area in the State has been
classified as competitive pursuant to either subdivision
(c)(1) or (c)(2) of this Section.
(4) The service packages described in Section 13-518
shall be classified as competitive for purposes of this
Section if offered by an Electing Provider in a geographic
area in which local exchange telecommunications service
has been classified as competitive pursuant to either
subdivision (c)(1) or (c)(2) of this Section.
(5) Where a service, or its functional equivalent, or a
substitute service offered by a carrier that is not an
Electing Provider or the incumbent local exchange carrier
for that area is also being offered by an Electing Provider
for some identifiable class or group of customers in an
exchange, group of exchanges, or some other clearly defined
geographical area, the service offered by a carrier that is
not an Electing Provider or the incumbent local exchange
carrier for that area shall be classified as competitive
without further Commission review.
(6) Notwithstanding any other provision of this Act,
retail telecommunications services classified as
competitive pursuant to Section 13-502 or subdivision
(c)(5) of this Section shall have their rates, terms, and
conditions solely determined and regulated pursuant to the
terms of this Section in the same manner and to the same
extent as the competitive retail telecommunications
services of an Electing Provider, except that subsections
(d), (g), and (j) of this Section shall not apply to a
carrier that is not an Electing Provider or to the
competitive telecommunications services of a carrier that
is not an Electing Provider. The access services of a
carrier that is not an Electing Provider shall remain
subject to Section 13-900.2. The requirements in
subdivision (e)(3) of this Section shall not apply to
retail telecommunications services classified as
competitive pursuant to Section 13-502 or subdivision
(c)(5) of this Section, except that, upon request from the
Commission, the telecommunications carrier providing
competitive retail telecommunications services shall
provide a report showing the number of credits and
exemptions for the requested time period.
(d) Consumer choice safe harbor options.
(1) Subject to subdivision (d)(8) of this Section, an
Electing Provider in each of the MSA or Exchange areas
classified as competitive pursuant to subdivision (c)(1)
or (c)(2) of this Section shall offer to all residential
customers who choose to subscribe the following optional
packages of services priced at the same rate levels in
effect on January 1, 2010:
(A) A basic package, which shall consist of a
stand-alone residential network access line and 30
local calls. If the Electing Provider offers a
stand-alone residential access line and local usage on
a per call basis, the price for the basic package shall
be the Electing Provider's applicable price in effect
on January 1, 2010 for the sum of a residential access
line and 30 local calls, additional calls over 30 calls
shall be provided at the current per call rate.
However, this basic package is not required if
stand-alone residential network access lines or
per-call local usage are not offered by the Electing
Provider in the geographic area on January 1, 2010 or
if the Electing Provider has not increased its
stand-alone network access line and local usage rates,
including Extended Area Service rates, since January
1, 2010.
(B) An extra package, which shall consist of
residential basic local exchange network access line
and unlimited local calls. The price for the extra
package shall be the Electing Provider's applicable
price in effect on January 1, 2010 for a residential
access line with unlimited local calls.
(C) A plus package, which shall consist of
residential basic local exchange network access line,
unlimited local calls, and the customer's choice of 2
vertical services offered by the Electing Provider.
The term "vertical services" as used in this
subsection, includes, but is not limited to, call
waiting, call forwarding, 3-way calling, caller ID,
call tracing, automatic callback, repeat dialing, and
voicemail. The price for the plus package shall be the
Electing Provider's applicable price in effect on
January 1, 2010 for the sum of a residential access
line with unlimited local calls and 2 times the average
price for the vertical features included in the
package.
(2) Subject to subdivision (d)(8) of this Section, for
those geographic areas in which local exchange
telecommunications services were classified as competitive
on the effective date of this amendatory Act of the 96th
General Assembly, an Electing Provider in each such MSA or
Exchange area shall be subject to the same terms and
conditions as provided in commitments made by the Electing
Provider in connection with such previous competitive
classifications, which shall apply with equal force under
this Section, except as follows: (i) the limits on price
increases on the optional packages required by this Section
shall be extended consistent with subsection (d)(1) of this
Section and (ii) the price for the extra package required
by subsection (d)(1)(B) shall be reduced by one dollar from
the price in effect on January 1, 2010. In addition, if an
Electing Provider obtains a competitive classification
pursuant to subsection (c)(1) and (c)(2), the price for the
optional packages shall be determined in such area in
compliance with subsection (d)(1), except the price for the
plus package required by subsection (d)(1) (C) shall be the
lower of the price for such area or the price of the plus
package in effect on January 1, 2010 for areas classified
as competitive pursuant to subsection (c)(1).
(3) To the extent that the requirements in Section
13-518 applied to a telecommunications carrier prior to the
effective date of this Section and that telecommunications
carrier becomes an Electing Provider in accordance with the
provisions of this Section, the requirements in Section
13-518 shall cease to apply to that Electing Provider in
those geographic areas included in the Electing Provider's
notice of election pursuant to subsection (b) of this
Section.
(4) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall make the optional packages
required by this subsection and stand-alone residential
network access lines and local usage, where offered,
readily available to the public by providing information,
in a clear manner, to residential customers. Information
shall be made available on a website, and an Electing
Provider shall provide notification to its customers every
6 months, provided that notification may consist of a bill
page message that provides an objective description of the
safe harbor options that includes a telephone number and
website address where the customer may obtain additional
information about the packages from the Electing Provider.
The optional packages shall be offered on a monthly basis
with no term of service requirement. An Electing Provider
shall allow online electronic ordering of the optional
packages and stand-alone residential network access lines
and local usage, where offered, on its website in a manner
similar to the online electronic ordering of its other
residential services.
(5) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall comply with the Commission's
existing rules, regulations, and notices in Title 83, Part
735 of the Illinois Administrative Code when offering or
providing the optional packages required by this
subsection (d) and stand-alone residential network access
lines.
(6) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall provide to the Commission
semi-annual subscribership reports as of June 30 and
December 31 that contain the number of its customers
subscribing to each of the consumer choice safe harbor
packages required by subsection (d)(1) of this Section and
the number of its customers subscribing to retail
residential basic local exchange service as defined in
subsection (a)(2) of this Section. The first semi-annual
reports shall be made on April 1, 2011 for December 31,
2010, and on September 1, 2011 for June 30, 2011, and
semi-annually on April 1 and September 1 thereafter. Such
subscribership information shall be accorded confidential
and proprietary treatment upon request by the Electing
Provider.
(7) The Commission shall have the power, after notice
and hearing as provided in this Article, upon complaint or
upon its own motion, to take corrective action if the
requirements of this Section are not complied with by an
Electing Provider.
(8) On and after the effective date of this amendatory
Act of the 99th General Assembly, an Electing Provider
shall continue to offer and provide the optional packages
described in this subsection (d) to existing customers and
new customers. On and after July 1, 2017, an Electing
Provider may immediately stop offering the optional
packages described in this subsection (d) and, upon
providing two notices to affected customers and to the
Commission, may stop providing the optional packages
described in this subsection (d) to all customers who
subscribe to one of the optional packages. The first notice
shall be provided at least 90 days before the date upon
which the Electing Provider intends to stop providing the
optional packages, and the second notice must be provided
at least 30 days before that date. The first notice shall
not be provided prior to July 1, 2017. Each notice must
identify the date on which the Electing Provider intends to
stop providing the optional packages, at least one
alternative service available to the customer, and a
telephone number by which the customer may contact a
service representative of the Electing Provider. After
July 1, 2017 with respect to new customers, and upon the
expiration of the second notice period with respect to
customers who were subscribing to one of the optional
packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
(d)(6), and (d)(7) of this Section shall not apply to the
Electing Provider. Notwithstanding any other provision of
this Article, an Electing Provider that has ceased
providing the optional packages under this subdivision
(d)(8) is not subject to Section 13-301(1)(c) of this Act.
Notwithstanding any other provision of this Act, and
subject to subdivision (d)(7) of this Section, the
Commission's authority over the discontinuance of the
optional packages described in this subsection (d) by an
Electing Provider shall be governed solely by this
subsection (d)(8).
(e) Service quality and customer credits for basic local
exchange service.
(1) An Electing Provider shall meet the following
service quality standards in providing basic local
exchange service, which for purposes of this subsection
(e), includes both basic local exchange service and any
consumer choice safe harbor options that may be required by
subsection (d) of this Section.
(A) Install basic local exchange service within 5
business days after receipt of an order from the
customer unless the customer requests an installation
date that is beyond 5 business days after placing the
order for basic service and to inform the customer of
the Electing Provider's duty to install service within
this timeframe. If installation of service is
requested on or by a date more than 5 business days in
the future, the Electing Provider shall install
service by the date requested.
(B) Restore basic local exchange service for the
customer within 30 hours after receiving notice that
the customer is out of service.
(C) Keep all repair and installation appointments
for basic local exchange service if a customer premises
visit requires a customer to be present. The
appointment window shall be either a specific time or,
at a maximum, a 4-hour time block during evening,
weekend, and normal business hours.
(D) Inform a customer when a repair or installation
appointment requires the customer to be present.
(2) Customers shall be credited by the Electing
Provider for violations of basic local exchange service
quality standards described in subdivision (e)(1) of this
Section. The credits shall be applied automatically on the
statement issued to the customer for the next monthly
billing cycle following the violation or following the
discovery of the violation. The next monthly billing cycle
following the violation or the discovery of the violation
means the billing cycle immediately following the billing
cycle in process at the time of the violation or discovery
of the violation, provided the total time between the
violation or discovery of the violation and the issuance of
the credit shall not exceed 60 calendar days. The Electing
Provider is responsible for providing the credits and the
customer is under no obligation to request such credits.
The following credits shall apply:
(A) If an Electing Provider fails to repair an
out-of-service condition for basic local exchange
service within 30 hours, the Electing Provider shall
provide a credit to the customer. If the service
disruption is for more than 30 hours, but not more than
48 hours, the credit must be equal to a pro-rata
portion of the monthly recurring charges for all basic
local exchange services disrupted. If the service
disruption is for more than 48 hours, but not more than
72 hours, the credit must be equal to at least 33% of
one month's recurring charges for all local services
disrupted. If the service disruption is for more than
72 hours, but not more than 96 hours, the credit must
be equal to at least 67% of one month's recurring
charges for all basic local exchange services
disrupted. If the service disruption is for more than
96 hours, but not more than 120 hours, the credit must
be equal to one month's recurring charges for all basic
local exchange services disrupted. For each day or
portion thereof that the service disruption continues
beyond the initial 120-hour period, the Electing
Provider shall also provide an additional credit of $20
per calendar day.
(B) If an Electing Provider fails to install basic
local exchange service as required under subdivision
(e)(1) of this Section, the Electing Provider shall
waive 50% of any installation charges, or in the
absence of an installation charge or where
installation is pursuant to the Link Up program, the
Electing Provider shall provide a credit of $25. If an
Electing Provider fails to install service within 10
business days after the service application is placed,
or fails to install service within 5 business days
after the customer's requested installation date, if
the requested date was more than 5 business days after
the date of the order, the Electing Provider shall
waive 100% of the installation charge, or in the
absence of an installation charge or where
installation is provided pursuant to the Link Up
program, the Electing Provider shall provide a credit
of $50. For each day that the failure to install
service continues beyond the initial 10 business days,
or beyond 5 business days after the customer's
requested installation date, if the requested date was
more than 5 business days after the date of the order,
the Electing Provider shall also provide an additional
credit of $20 per calendar day until the basic local
exchange service is installed.
(C) If an Electing Provider fails to keep a
scheduled repair or installation appointment when a
customer premises visit requires a customer to be
present as required under subdivision (e)(1) of this
Section, the Electing Provider shall credit the
customer $25 per missed appointment. A credit required
by this subdivision does not apply when the Electing
Provider provides the customer notice of its inability
to keep the appointment no later than 8:00 pm of the
day prior to the scheduled date of the appointment.
(D) Credits required by this subsection do not
apply if the violation of a service quality standard:
(i) occurs as a result of a negligent or
willful act on the part of the customer;
(ii) occurs as a result of a malfunction of
customer-owned telephone equipment or inside
wiring;
(iii) occurs as a result of, or is extended by,
an emergency situation as defined in 83 Ill. Adm.
Code 732.10;
(iv) is extended by the Electing Provider's
inability to gain access to the customer's
premises due to the customer missing an
appointment, provided that the violation is not
further extended by the Electing Provider;
(v) occurs as a result of a customer request to
change the scheduled appointment, provided that
the violation is not further extended by the
Electing Provider;
(vi) occurs as a result of an Electing
Provider's right to refuse service to a customer as
provided in Commission rules; or
(vii) occurs as a result of a lack of
facilities where a customer requests service at a
geographically remote location, where a customer
requests service in a geographic area where the
Electing Provider is not currently offering
service, or where there are insufficient
facilities to meet the customer's request for
service, subject to an Electing Provider's
obligation for reasonable facilities planning.
(3) Each Electing Provider shall provide to the
Commission on a quarterly basis and in a form suitable for
posting on the Commission's website in conformance with the
rules adopted by the Commission and in effect on April 1,
2010, a public report that includes the following data for
basic local exchange service quality of service:
(A) With regard to credits due in accordance with
subdivision (e)(2)(A) as a result of out-of-service
conditions lasting more than 30 hours:
(i) the total dollar amount of any customer
credits paid;
(ii) the number of credits issued for repairs
between 30 and 48 hours;
(iii) the number of credits issued for repairs
between 49 and 72 hours;
(iv) the number of credits issued for repairs
between 73 and 96 hours;
(v) the number of credits used for repairs
between 97 and 120 hours;
(vi) the number of credits issued for repairs
greater than 120 hours; and
(vii) the number of exemptions claimed for
each of the categories identified in subdivision
(e)(2)(D).
(B) With regard to credits due in accordance with
subdivision (e)(2)(B) as a result of failure to install
basic local exchange service:
(i) the total dollar amount of any customer
credits paid;
(ii) the number of installations after 5
business days;
(iii) the number of installations after 10
business days;
(iv) the number of installations after 11
business days; and
(v) the number of exemptions claimed for each
of the categories identified in subdivision
(e)(2)(D).
(C) With regard to credits due in accordance with
subdivision (e)(2)(C) as a result of missed
appointments:
(i) the total dollar amount of any customer
credits paid;
(ii) the number of any customers receiving
credits; and
(iii) the number of exemptions claimed for
each of the categories identified in subdivision
(e)(2)(D).
(D) The Electing Provider's annual report required
by this subsection shall also include, for
informational reporting, the performance data
described in subdivisions (e)(2)(A), (e)(2)(B), and
(e)(2)(C), and trouble reports per 100 access lines
calculated using the Commission's existing applicable
rules and regulations for such measures, including the
requirements for service standards established in this
Section.
(4) It is the intent of the General Assembly that the
service quality rules and customer credits in this
subsection (e) of this Section and other enforcement
mechanisms, including fines and penalties authorized by
Section 13-305, shall apply on a nondiscriminatory basis to
all Electing Providers. Accordingly, notwithstanding any
provision of any service quality rules promulgated by the
Commission, any alternative regulation plan adopted by the
Commission, or any other order of the Commission, any
Electing Provider that is subject to any other order of the
Commission and that violates or fails to comply with the
service quality standards promulgated pursuant to this
subsection (e) or any other order of the Commission shall
not be subject to any fines, penalties, customer credits,
or enforcement mechanisms other than such fines or
penalties or customer credits as may be imposed by the
Commission in accordance with the provisions of this
subsection (e) and Section 13-305, which are to be
generally applicable to all Electing Providers. The amount
of any fines or penalties imposed by the Commission for
failure to comply with the requirements of this subsection
(e) shall be an appropriate amount, taking into account, at
a minimum, the Electing Provider's gross annual intrastate
revenue; the frequency, duration, and recurrence of the
violation; and the relative harm caused to the affected
customers or other users of the network. In imposing fines
and penalties, the Commission shall take into account
compensation or credits paid by the Electing Provider to
its customers pursuant to this subsection (e) in
compensation for any violation found pursuant to this
subsection (e), and in any event the fine or penalty shall
not exceed an amount equal to the maximum amount of a civil
penalty that may be imposed under Section 13-305.
(5) An Electing Provider in each of the MSA or Exchange
areas classified as competitive pursuant to subsection (c)
of this Section shall fulfill the requirements in
subdivision (e)(3) of this Section for 3 years after its
notice of election becomes effective. After such 3 years,
the requirements in subdivision (e)(3) of this Section
shall not apply to such Electing Provider, except that,
upon request from the Commission, the Electing Provider
shall provide a report showing the number of credits and
exemptions for the requested time period.
(f) Commission jurisdiction over competitive retail
telecommunications services. Except as otherwise expressly
stated in this Section, the Commission shall thereafter have no
jurisdiction or authority over any aspect of competitive retail
telecommunications service of an Electing Provider in those
geographic areas included in the Electing Provider's notice of
election pursuant to subsection (b) of this Section or of a
retail telecommunications service classified as competitive
pursuant to Section 13-502 or subdivision (c)(5) of this
Section, heretofore subject to the jurisdiction of the
Commission, including but not limited to, any requirements of
this Article related to the terms, conditions, rates, quality
of service, availability, classification or any other aspect of
any competitive retail telecommunications services. No
telecommunications carrier shall commit any unfair or
deceptive act or practice in connection with any aspect of the
offering or provision of any competitive retail
telecommunications service. Nothing in this Article shall
limit or affect any provisions in the Consumer Fraud and
Deceptive Business Practices Act with respect to any unfair or
deceptive act or practice by a telecommunications carrier.
(g) Commission authority over access services upon
election for market regulation.
(1) As part of its Notice of Election for Market
Regulation, the Electing Provider shall reduce its
intrastate switched access rates to rates no higher than
its interstate switched access rates in 4 installments. The
first reduction must be made 30 days after submission of
its complete application for Notice of Election for Market
Regulation, and the Electing Provider must reduce its
intrastate switched access rates by an amount equal to 33%
of the difference between its current intrastate switched
access rates and its current interstate switched access
rates. The second reduction must be made no later than one
year after the first reduction, and the Electing Provider
must reduce its then current intrastate switched access
rates by an amount equal to 41% of the difference between
its then current intrastate switched access rates and its
then current interstate switched access rates. The third
reduction must be made no later than one year after the
second reduction, and the Electing Provider must reduce its
then current intrastate switched access rates by an amount
equal to 50% of the difference between its then current
intrastate switched access rate and its then current
interstate switched access rates. The fourth reduction
must be made on or before June 30, 2013, and the Electing
Provider must reduce its intrastate switched access rate to
mirror its then current interstate switched access rates
and rate structure. Following the fourth reduction, each
Electing Provider must continue to set its intrastate
switched access rates to mirror its interstate switched
access rates and rate structure. For purposes of this
subsection, the rate for intrastate switched access
service means the composite, per-minute rate for that
service, including all applicable fixed and
traffic-sensitive charges, including, but not limited to,
carrier common line charges.
(2) Nothing in paragraph (1) of this subsection (g)
prohibits an Electing Provider from electing to offer
intrastate switched access service at rates lower than its
interstate switched access rates.
(3) The Commission shall have no authority to order an
Electing Provider to set its rates for intrastate switched
access at a level lower than its interstate switched access
rates.
(4) The Commission's authority under this subsection
(g) shall only apply to Electing Providers under Market
Regulation. The Commission's authority over switched
access services for all other carriers is retained under
Section 13-900.2 of this Act.
(h) Safety of service equipment and facilities.
(1) An Electing Provider shall furnish, provide, and
maintain such service instrumentalities, equipment, and
facilities as shall promote the safety, health, comfort,
and convenience of its patrons, employees, and public and
as shall be in all respects adequate, reliable, and
efficient without discrimination or delay. Every Electing
Provider shall provide service and facilities that are in
all respects environmentally safe.
(2) The Commission is authorized to conduct an
investigation of any Electing Provider or part thereof. The
investigation may examine the reasonableness, prudence, or
efficiency of any aspect of the Electing Provider's
operations or functions that may affect the adequacy,
safety, efficiency, or reliability of telecommunications
service. The Commission may conduct or order an
investigation only when it has reasonable grounds to
believe that the investigation is necessary to assure that
the Electing Provider is providing adequate, efficient,
reliable, and safe service. The Commission shall, before
initiating any such investigation, issue an order
describing the grounds for the investigation and the
appropriate scope and nature of the investigation, which
shall be reasonably related to the grounds relied upon by
the Commission in its order.
(i) (Blank).
(j) Application of Article VII. The provisions of Sections
7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
applicable to an Electing Provider offering or providing retail
telecommunications service, and the Commission's regulation
thereof, except that (1) the approval of contracts and
arrangements with affiliated interests required by paragraph
(3) of Section 7-101 shall not apply to such telecommunications
carriers provided that, except as provided in item (2), those
contracts and arrangements shall be filed with the Commission;
(2) affiliated interest contracts or arrangements entered into
by such telecommunications carriers where the increased
obligation thereunder does not exceed the lesser of $5,000,000
or 5% of such carrier's prior annual revenue from
noncompetitive services are not required to be filed with the
Commission; and (3) any consent and approval of the Commission
required by Section 7-102 is not required for the sale, lease,
assignment, or transfer by any Electing Provider of any
property that is not necessary or useful in the performance of
its duties to the public.
(k) Notwithstanding other provisions of this Section, the
Commission retains its existing authority to enforce the
provisions, conditions, and requirements of the following
Sections of this Article: 13-101, 13-103, 13-201, 13-301,
13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
and equally applicable to Electing Providers and to
telecommunications carriers providing retail
telecommunications service classified as competitive pursuant
to Section 13-502 or subdivision (c)(5) of this Section subject
to the provisions of this Section. On the effective date of
this amendatory Act of the 98th General Assembly, the following
Sections of this Article shall cease to apply to Electing
Providers and to telecommunications carriers providing retail
telecommunications service classified as competitive pursuant
to Section 13-502 or subdivision (c)(5) of this Section:
13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
and 13-712.
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
(220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)
Sec. 13-507. In any proceeding permitting, approving,
investigating, or establishing rates, charges,
classifications, or tariffs for telecommunications services
offered or provided by a telecommunications carrier that offers
or provides both noncompetitive and competitive services, the
Commission shall not allow any subsidy of competitive services
or nonregulated activities by noncompetitive services. In the
event that facilities are utilized or expenses are incurred for
the provision of both competitive and noncompetitive services,
the Commission shall apportion the facilities and expenses
between noncompetitive services in the aggregate and
competitive services in the aggregate and shall allow or
establish rates or charges for the noncompetitive services
which reflect only that portion of the facilities or expenses
that it finds to be properly and reasonably apportioned to
noncompetitive services. An apportionment of facilities or
expenses between competitive and noncompetitive services,
together with any corresponding rate changes, shall be made in
general rate proceedings and in other proceedings, including
service classification proceedings, that are necessary to
ensure against any subsidy of competitive services by
noncompetitive services. The Commission shall have the power to
take or require such action as is necessary to ensure that
rates or charges for noncompetitive services reflect only the
value of facilities, or portion thereof, used and useful, and
the expenses or portion thereof reasonably and prudently
incurred, for the provision of the noncompetitive services. The
Commission may, in such event, also establish, by rule, any
additional procedures, rules, regulations, or mechanisms
necessary to identify and properly account for the value or
amount of such facilities or expenses.
The Commission may establish, by rule, appropriate methods
for ensuring against cross-subsidization between competitive
services and noncompetitive services as required under this
Article, including appropriate methods for calculating the
long-run service incremental costs of providing any
telecommunications service and, when appropriate, group of
services and methods for apportioning between noncompetitive
services in the aggregate and competitive services in the
aggregate the value of facilities utilized and expenses
incurred to provide both competitive and noncompetitive
services, for example, common overheads that are not accounted
for in the long-run service incremental costs of individual
services or groups of services. The Commission may order any
telecommunications carrier to conduct a long-run service
incremental cost study and to provide the results thereof to
the Commission. Any cost study provided to the Commission
pursuant to the provisions of this Section may, in the
Commission's discretion, be accorded proprietary treatment. In
addition to the requirements of subsection (c) of Section
13-502 and of Section 13-505.1 applicable to the rates and
charges for individual competitive services, the aggregate
gross revenues of all competitive services shall be equal to or
greater than the sum of the long-run service incremental costs
for all competitive services as a group and the value of other
facilities and expenses apportioned to competitive services as
a group under this Section.
(Source: P.A. 87-856.)
(220 ILCS 5/13-507.1)
Sec. 13-507.1. In any proceeding permitting, approving,
investigating, or establishing rates, charges,
classifications, or tariffs for telecommunications services
classified as noncompetitive offered or provided by an
incumbent local exchange carrier as that term is defined in
Section 13-202.1 of this Act, the Commission shall not allow
any subsidy of Internet services, cable services, or video
services by the rates or charges for local exchange
telecommunications services, including local services
classified as noncompetitive.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
Sec. 13-508. The Commission is authorized, after notice and
hearing, to order a telecommunications carrier which offers or
provides both competitive and noncompetitive
telecommunications service to establish a fully separated
subsidiary to provide all or part of such competitive service
where:
(a) no less costly means is available and effective in
fully and properly identifying and allocating costs between
such carrier's competitive and noncompetitive
telecommunications services; and
(b) the incremental cost of establishing and maintaining
such subsidiary would not require increases in rates or charges
to levels which would effectively preclude the offer or
provision of the affected competitive telecommunications
service.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-508.1) (from Ch. 111 2/3, par. 13-508.1)
Sec. 13-508.1. Separate subsidiary requirement for certain
electronic publishing. A telecommunications carrier that
offers or provides both competitive and noncompetitive
services shall not provide (1) electronically published news,
feature, or entertainment material of the type generally
published in newspapers, or (2) electronic advertising
services, except through a fully separated subsidiary;
provided, however, that a telecommunications carrier shall be
allowed to resell, without editing the content, news, feature,
or entertainment material of the type generally published in
newspapers that it purchases from an unaffiliated entity or
from a separate subsidiary to the extent the separate
subsidiary makes that material available to all other persons
under the same rates, terms, and conditions. Nothing in this
Section shall prohibit a telecommunications carrier from
electronic advertising of its own regulated services or from
providing tariffed telecommunications services to a separate
subsidiary or an unaffiliated entity that provides
electronically published news, feature, or entertainment
material or electronic advertising services.
(Source: P.A. 87-856.)
(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
Sec. 13-509. Agreements for provisions of competitive
telecommunications services differing from tariffs or written
service offerings. A telecommunications carrier may negotiate
with customers or prospective customers to provide competitive
telecommunications service, and in so doing, may offer or agree
to provide such service on such terms and for such rates or
charges as are reasonable, without regard to any tariffs it may
have filed with the Commission or written service offerings
posted on the telecommunications carrier's website pursuant to
Section 13-501(c) of this Act with respect to such services.
Upon request of the Commission, the telecommunications carrier
shall submit to the Commission written notice of a list of any
such agreements (which list may be filed electronically) within
the past year. The notice shall identify the general nature of
all such agreements. A copy of each such agreement shall be
provided to the Commission within 10 business days after a
request for review of the agreement is made by the Commission
or is made to the Commission by another telecommunications
carrier or by a party to such agreement.
Any agreement or notice entered into or submitted pursuant
to the provisions of this Section may, in the Commission's
discretion, be accorded proprietary treatment.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-510) (from Ch. 111 2/3, par. 13-510)
Sec. 13-510. Compensation of payphone providers. Any
telecommunications carrier using the facilities or services of
a payphone provider shall pay the provider just and reasonable
compensation for the use of those facilities or services to
complete billable operator services calls and for any other use
that the Commission determines appropriate consistent with the
provisions of this Act. The compensation shall be determined by
the Commission subject to the provisions of this Act. This
Section shall not apply to the extent a telecommunications
carrier and a payphone provider have reached their own written
compensation agreement.
(Source: P.A. 87-856.)
(220 ILCS 5/13-512)
Sec. 13-512. Rules; review. The Commission shall have
general rulemaking authority to make rules necessary to enforce
this Article. However, not later than 270 days after the
effective date of this amendatory Act of 1997, and every 2
years thereafter, the Commission shall review all rules issued
under this Article that apply to the operations or activities
of any telecommunications carrier. The Commission shall, after
notice and hearing, repeal or modify any rule it determines to
be no longer in the public interest as the result of the
reasonable availability of competitive telecommunications
services.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-513)
Sec. 13-513. Waiver of rules. A telecommunications carrier
may petition for waiver of the application of a rule issued
pursuant to this Act. The burden of proof in establishing the
right to a waiver shall be upon the petitioner. The petition
shall include a demonstration that the waiver would not harm
consumers and would not impede the development or operation of
a competitive market. Upon such demonstration, the Commission
may waive the application of a rule, but not the application of
a provision of this Act. The Commission may conduct an
investigation of the petition on its own motion or at the
request of a potentially affected person. If no investigation
is conducted, the waiver shall be deemed granted 30 days after
the petition is filed.
(Source: P.A. 90-185, eff. 7-23-97.)
(220 ILCS 5/13-514)
Sec. 13-514. Prohibited actions of telecommunications
carriers. A telecommunications carrier shall not knowingly
impede the development of competition in any
telecommunications service market. The following prohibited
actions are considered per se impediments to the development of
competition; however, the Commission is not limited in any
manner to these enumerated impediments and may consider other
actions which impede competition to be prohibited:
(1) unreasonably refusing or delaying interconnections
or collocation or providing inferior connections to
another telecommunications carrier;
(2) unreasonably impairing the speed, quality, or
efficiency of services used by another telecommunications
carrier;
(3) unreasonably denying a request of another provider
for information regarding the technical design and
features, geographic coverage, information necessary for
the design of equipment, and traffic capabilities of the
local exchange network except for proprietary information
unless such information is subject to a proprietary
agreement or protective order;
(4) unreasonably delaying access in connecting another
telecommunications carrier to the local exchange network
whose product or service requires novel or specialized
access requirements;
(5) unreasonably refusing or delaying access by any
person to another telecommunications carrier;
(6) unreasonably acting or failing to act in a manner
that has a substantial adverse effect on the ability of
another telecommunications carrier to provide service to
its customers;
(7) unreasonably failing to offer services to
customers in a local exchange, where a telecommunications
carrier is certificated to provide service and has entered
into an interconnection agreement for the provision of
local exchange telecommunications services, with the
intent to delay or impede the ability of the incumbent
local exchange telecommunications carrier to provide
inter-LATA telecommunications services;
(8) violating the terms of or unreasonably delaying
implementation of an interconnection agreement entered
into pursuant to Section 252 of the federal
Telecommunications Act of 1996;
(9) unreasonably refusing or delaying access to or
provision of operation support systems to another
telecommunications carrier or providing inferior operation
support systems to another telecommunications carrier;
(10) unreasonably failing to offer network elements
that the Commission or the Federal Communications
Commission has determined must be offered on an unbundled
basis to another telecommunications carrier in a manner
consistent with the Commission's or Federal Communications
Commission's orders or rules requiring such offerings;
(11) violating the obligations of Section 13-801; and
(12) violating an order of the Commission regarding
matters between telecommunications carriers.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-515)
Sec. 13-515. Enforcement.
(a) The following expedited procedures shall be used to
enforce the provisions of Section 13-514 of this Act, provided
that, for a violation of paragraph (8) of Section 13-514 to
qualify for the expedited procedures of this Section, the
violation must be in a manner that unreasonably delays,
increases the cost, or impedes the availability of
telecommunications services to consumers. However, the
Commission, the complainant, and the respondent may mutually
agree to adjust the procedures established in this Section.
(b) (Blank).
(c) No complaint may be filed under this Section until the
complainant has first notified the respondent of the alleged
violation and offered the respondent 48 hours to correct the
situation. Provision of notice and the opportunity to correct
the situation creates a rebuttable presumption of knowledge
under Section 13-514. After the filing of a complaint under
this Section, the parties may agree to follow the mediation
process under Section 10-101.1 of this Act. The time periods
specified in subdivision (d)(7) of this Section shall be tolled
during the time spent in mediation under Section 10-101.1.
(d) A telecommunications carrier may file a complaint with
the Commission alleging a violation of Section 13-514 in
accordance with this subsection:
(1) The complaint shall be filed with the Chief Clerk
of the Commission and shall be served in hand upon the
respondent, the executive director, and the general
counsel of the Commission at the time of the filing.
(2) A complaint filed under this subsection shall
include a statement that the requirements of subsection (c)
have been fulfilled and that the respondent did not correct
the situation as requested.
(3) Reasonable discovery specific to the issue of the
complaint may commence upon filing of the complaint.
Requests for discovery must be served in hand and responses
to discovery must be provided in hand to the requester
within 14 days after a request for discovery is made.
(4) An answer and any other responsive pleading to the
complaint shall be filed with the Commission and served in
hand at the same time upon the complainant, the executive
director, and the general counsel of the Commission within
7 days after the date on which the complaint is filed.
(5) If the answer or responsive pleading raises the
issue that the complaint violates subsection (i) of this
Section, the complainant may file a reply to such
allegation within 3 days after actual service of such
answer or responsive pleading. Within 4 days after the time
for filing a reply has expired, the hearing officer or
arbitrator shall either issue a written decision
dismissing the complaint as frivolous in violation of
subsection (i) of this Section including the reasons for
such disposition or shall issue an order directing that the
complaint shall proceed.
(6) A pre-hearing conference shall be held within 14
days after the date on which the complaint is filed.
(7) The hearing shall commence within 30 days of the
date on which the complaint is filed. The hearing may be
conducted by a hearing examiner or by an arbitrator.
Parties and the Commission staff shall be entitled to
present evidence and legal argument in oral or written form
as deemed appropriate by the hearing examiner or
arbitrator. The hearing examiner or arbitrator shall issue
a written decision within 60 days after the date on which
the complaint is filed. The decision shall include reasons
for the disposition of the complaint and, if a violation of
Section 13-514 is found, directions and a deadline for
correction of the violation.
(8) Any party may file a petition requesting the
Commission to review the decision of the hearing examiner
or arbitrator within 5 days of such decision. Any party may
file a response to a petition for review within 3 business
days after actual service of the petition. After the time
for filing of the petition for review, but no later than 15
days after the decision of the hearing examiner or
arbitrator, the Commission shall decide to adopt the
decision of the hearing examiner or arbitrator or shall
issue its own final order.
(e) If the alleged violation has a substantial adverse
effect on the ability of the complainant to provide service to
customers, the complainant may include in its complaint a
request for an order for emergency relief. The Commission,
acting through its designated hearing examiner or arbitrator,
shall act upon such a request within 2 business days of the
filing of the complaint. An order for emergency relief may be
granted, without an evidentiary hearing, upon a verified
factual showing that the party seeking relief will likely
succeed on the merits, that the party will suffer irreparable
harm in its ability to serve customers if emergency relief is
not granted, and that the order is in the public interest. An
order for emergency relief shall include a finding that the
requirements of this subsection have been fulfilled and shall
specify the directives that must be fulfilled by the respondent
and deadlines for meeting those directives. The decision of the
hearing examiner or arbitrator to grant or deny emergency
relief shall be considered an order of the Commission unless
the Commission enters its own order within 2 calendar days of
the decision of the hearing examiner or arbitrator. The order
for emergency relief may require the responding party to act or
refrain from acting so as to protect the provision of
competitive service offerings to customers. Any action
required by an emergency relief order must be technically
feasible and economically reasonable and the respondent must be
given a reasonable period of time to comply with the order.
(f) The Commission is authorized to obtain outside
resources including, but not limited to, arbitrators and
consultants for the purposes of the hearings authorized by this
Section. Any arbitrator or consultant obtained by the
Commission shall be approved by both parties to the hearing.
The cost of such outside resources including, but not limited
to, arbitrators and consultants shall be borne by the parties.
The Commission shall review the bill for reasonableness and
assess the parties for reasonable costs dividing the costs
according to the resolution of the complaint brought under this
Section. Such costs shall be paid by the parties directly to
the arbitrators, consultants, and other providers of outside
resources within 60 days after receiving notice of the
assessments from the Commission. Interest at the statutory rate
shall accrue after expiration of the 60-day period. The
Commission, arbitrators, consultants, or other providers of
outside resources may apply to a court of competent
jurisdiction for an order requiring payment.
(g) The Commission shall assess the parties under this
subsection for all of the Commission's costs of investigation
and conduct of the proceedings brought under this Section
including, but not limited to, the prorated salaries of staff,
attorneys, hearing examiners, and support personnel and
including any travel and per diem, directly attributable to the
complaint brought pursuant to this Section, but excluding those
costs provided for in subsection (f), dividing the costs
according to the resolution of the complaint brought under this
Section. All assessments made under this subsection shall be
paid into the Public Utility Fund within 60 days after
receiving notice of the assessments from the Commission.
Interest at the statutory rate shall accrue after the
expiration of the 60 day period. The Commission is authorized
to apply to a court of competent jurisdiction for an order
requiring payment.
(h) If the Commission determines that there is an imminent
threat to competition or to the public interest, the Commission
may, notwithstanding any other provision of this Act, seek
temporary, preliminary, or permanent injunctive relief from a
court of competent jurisdiction either prior to or after the
hearing.
(i) A party shall not bring or defend a proceeding brought
under this Section or assert or controvert an issue in a
proceeding brought under this Section, unless there is a
non-frivolous basis for doing so. By presenting a pleading,
written motion, or other paper in complaint or defense of the
actions or inaction of a party under this Section, a party is
certifying to the Commission that to the best of that party's
knowledge, information, and belief, formed after a reasonable
inquiry of the subject matter of the complaint or defense, that
the complaint or defense is well grounded in law and fact, and
under the circumstances:
(1) it is not being presented to harass the other
party, cause unnecessary delay in the provision of
competitive telecommunications services to consumers, or
create needless increases in the cost of litigation; and
(2) the allegations and other factual contentions have
evidentiary support or, if specifically so identified, are
likely to have evidentiary support after reasonable
opportunity for further investigation or discovery as
defined herein.
(j) If, after notice and a reasonable opportunity to
respond, the Commission determines that subsection (i) has been
violated, the Commission shall impose appropriate sanctions
upon the party or parties that have violated subsection (i) or
are responsible for the violation. The sanctions shall be not
more than $30,000, plus the amount of expenses accrued by the
Commission for conducting the hearing. Payment of sanctions
imposed under this subsection shall be made to the Common
School Fund within 30 days of imposition of such sanctions.
(k) An appeal of a Commission Order made pursuant to this
Section shall not effectuate a stay of the Order unless a court
of competent jurisdiction specifically finds that the party
seeking the stay will likely succeed on the merits, that the
party will suffer irreparable harm without the stay, and that
the stay is in the public interest.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-516)
Sec. 13-516. Enforcement remedies for prohibited actions
by telecommunications carriers.
(a) In addition to any other provision of this Act, all of
the following remedies may be applied for violations of Section
13-514, provided that, for a violation of paragraph (8) of
Section 13-514 to qualify for the remedies in this Section, the
violation must be in a manner that unreasonably delays,
increases the cost, or impedes the availability of
telecommunications services to consumers:
(1) A Commission order directing the violating
telecommunications carrier to cease and desist from
violating the Act or a Commission order or rule.
(2) Notwithstanding any other provision of this Act,
for a second and any subsequent violation of Section 13-514
committed by a telecommunications carrier after the
effective date of this amendatory Act of the 92nd General
Assembly, the Commission may impose penalties of up to
$30,000 or 0.00825% of the telecommunications carrier's
gross intrastate annual telecommunications revenue,
whichever is greater, per violation unless the
telecommunications carrier has fewer than 35,000
subscriber access lines, in which case the civil penalty
may not exceed $2,000 per violation. The second and any
subsequent violation of Section 13-514 need not be of the
same nature or provision of the Section for a penalty to be
imposed. Matters resolved through voluntary mediation
pursuant to Section 10-101.1 shall not be considered as a
violation of Section 13-514 in computing eligibility for
imposition of a penalty under this subdivision (a)(2). Each
day of a continuing offense shall be treated as a separate
violation for purposes of levying any penalty under this
Section. The period for which the penalty shall be levied
shall commence on the day the telecommunications carrier
first violated Section 13-514 or on the day of the notice
provided to the telecommunications carrier pursuant to
subsection (c) of Section 13-515, whichever is later, and
shall continue until the telecommunications carrier is in
compliance with the Commission order. In assessing a
penalty under this subdivision (a)(2), the Commission may
consider mitigating factors, including those specified in
items (1) through (4) of subsection (a) of Section 13-304.
(3) The Commission shall award damages, attorney's
fees, and costs to any telecommunications carrier that was
subjected to a violation of Section 13-514.
(b) The Commission may waive penalties imposed under
subdivision (a)(2) if it makes a written finding as to its
reasons for waiving the penalty. Reasons for waiving a penalty
shall include, but not be limited to, technological
infeasibility and acts of God.
(c) The Commission shall establish by rule procedures for
the imposition of remedies under subsection (a) that, at a
minimum, provide for notice, hearing and a written order
relating to the imposition of remedies.
(d) Unless enforcement of an order entered by the
Commission under Section 13-515 otherwise directs or is stayed
by the Commission or by an appellate court reviewing the
Commission's order, at any time after 30 days from the entry of
the order, either the Commission, or the telecommunications
carrier found by the Commission to have been subjected to a
violation of Section 13-514, or both, is authorized to petition
a court of competent jurisdiction for an order at law or in
equity requiring enforcement of the Commission order. The court
shall determine (1) whether the Commission entered the order
identified in the petition and (2) whether the violating
telecommunications carrier has complied with the Commission's
order. A certified copy of a Commission order shall be prima
facie evidence that the Commission entered the order so
certified. Pending the court's resolution of the petition, the
court may award temporary or preliminary injunctive relief, or
such other equitable relief as may be necessary, to effectively
implement and enforce the Commission's order in a timely
manner.
If after a hearing the court finds that the Commission
entered the order identified in the petition and that the
violating telecommunications carrier has not complied with the
Commission's order, the court shall enter judgment requiring
the violating telecommunications carrier to comply with the
Commission's order and order such relief at law or in equity as
the court deems necessary to effectively implement and enforce
the Commission's order in a timely manner. The court shall also
award to the petitioner, or petitioners, attorney's fees and
costs, which shall be taxed and collected as part of the costs
of the case.
If the court finds that the violating telecommunications
carrier has failed to comply with the timely payment of
damages, attorney's fees, or costs ordered by the Commission,
the court shall order the violating telecommunications carrier
to pay to the telecommunications carrier or carriers awarded
the damages, fees, or costs by the Commission additional
damages for the sake of example and by way of punishment for
the failure to timely comply with the order of the Commission,
unless the court finds a reasonable basis for the violating
telecommunications carrier's failure to make timely payment
according to the Commission's order, in which instance the
court shall establish a new date for payment to be made.
(e) Payment of damages, attorney's fees, and costs imposed
under subsection (a) shall be made within 30 days after
issuance of the Commission order imposing the penalties,
damages, attorney's fees, or costs, unless otherwise directed
by the Commission or a reviewing court under an appeal taken
pursuant to Article X. Payment of penalties imposed under
subsection (a) shall be made to the Common School Fund within
30 days of issuance of the Commission order imposing the
penalties.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-517)
Sec. 13-517. Provision of advanced telecommunications
services.
(a) Every Incumbent Local Exchange Carrier
(telecommunications carrier that offers or provides a
noncompetitive telecommunications service) shall offer or
provide advanced telecommunications services to not less than
80% of its customers by January 1, 2005.
(b) The Commission is authorized to grant a full or partial
waiver of the requirements of this Section upon verified
petition of any Incumbent Local Exchange Carrier ("ILEC") which
demonstrates that full compliance with the requirements of this
Section would be unduly economically burdensome or technically
infeasible or otherwise impractical in exchanges with low
population density. Notice of any such petition must be given
to all potentially affected customers. If no potentially
affected customer requests the opportunity for a hearing on the
waiver petition, the Commission may, in its discretion, allow
the waiver request to take effect without hearing. The
Commission shall grant such petition to the extent that, and
for such duration as, the Commission determines that such
waiver:
(1) is necessary:
(A) to avoid a significant adverse economic impact
on users of telecommunications services generally;
(B) to avoid imposing a requirement that is unduly
economically burdensome;
(C) to avoid imposing a requirement that is
technically infeasible; or
(D) to avoid imposing a requirement that is
otherwise impractical to implement in exchanges with
low population density; and
(2) is consistent with the public interest,
convenience, and necessity.
The Commission shall act upon any petition filed under this
subsection within 180 days after receiving such petition. The
Commission may by rule establish standards for granting any
waiver of the requirements of this Section. The Commission may,
upon complaint or on its own motion, hold a hearing to
reconsider its grant of a waiver in whole or in part. In the
event that the Commission, following hearing, determines that
the affected ILEC no longer meets the requirements of item (2)
of this subsection, the Commission shall by order rescind such
waiver, in whole or in part. In the event and to the degree the
Commission rescinds such waiver, the Commission shall
establish an implementation schedule for compliance with the
requirements of this Section.
(c) As used in this Section, "advanced telecommunications
services" means services capable of supporting, in at least one
direction, a speed in excess of 200 kilobits per second (kbps)
to the network demarcation point at the subscriber's premises.
(Source: P.A. 97-813, eff. 7-13-12.)
(220 ILCS 5/13-518)
Sec. 13-518. Optional service packages.
(a) It is the intent of this Section to provide unlimited
local service packages at prices that will result in savings
for the average consumer. Each telecommunications carrier that
provides competitive and noncompetitive services, and that is
subject to an alternative regulation plan pursuant to Section
13-506.1 of this Article, shall provide, in addition to such
other services as it offers, the following optional packages of
services for a fixed monthly rate, which, along with the terms
and conditions thereof, the Commission shall review, pursuant
to Article IX of this Act, to determine whether such rates,
terms, and conditions are fair, just, and reasonable.
(1) A budget package, which shall consist of
residential access service and unlimited local calls.
(2) A flat rate package, which shall consist of
residential access service, unlimited local calls, and the
customer's choice of 2 vertical services as defined in this
Section.
(3) An enhanced flat rate package, which shall consist
of residential access service for 2 lines, unlimited local
calls, the customer's choice of 2 vertical services as
defined in this Section, and unlimited local toll service.
(b) Nothing in this Section or this Act shall be construed
to prohibit any telecommunications carrier subject to this
Section from charging customers who elect to take one of the
groups of services offered pursuant to this Section, any
applicable surcharges, fees, and taxes.
(c) The term "vertical services", when used in this
Section, includes, but is not necessarily limited to, call
waiting, call forwarding, 3-way calling, caller ID, call
tracing, automatic callback, repeat dialing, and voicemail.
(d) The service packages described in this Section shall be
defined as noncompetitive services.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-519)
Sec. 13-519. Fire alarm; discontinuance of service. When a
telecommunications carrier initiates a discontinuance of
service on a known emergency system or fire alarm system that
is required by the local authority to be a dedicated phone line
circuit to the central dispatch of the fire department or fire
protection district or, if applicable, the police department,
the telecommunications carrier shall also transmit a copy of
the written notice of discontinuance to that local authority.
(Source: P.A. 93-412, eff. 1-1-04.)
(220 ILCS 5/13-601) (from Ch. 111 2/3, par. 13-601)
Sec. 13-601. Application of Article VII. The provisions of
Article VII of this Act are applicable only to
telecommunications carriers offering or providing
noncompetitive telecommunications service, and the
Commission's regulation thereof, except that (1) the approval
of contracts and arrangements with affiliated interests
required by paragraph (3) of Section 7-101 shall not apply to
such telecommunications carriers provided that, except as
provided in item (2), those contracts and arrangements shall be
filed with the Commission and (2) affiliated interest contracts
or arrangements entered into by such telecommunications
carriers where the increased obligation thereunder does not
exceed the lesser of $5,000,000 or 5% of such carrier's prior
annual revenue from noncompetitive services are not required to
be filed with the Commission.
(Source: P.A. 89-440, eff. 12-15-95.)
(220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)
Sec. 13-701. Notwithstanding any other provision of this
Act to the contrary, the Commission has no power to supervise
or control any telephone cooperative as respects assessment
schedules or local service rates made or charged by such a
cooperative on a nondiscriminatory basis. In addition, the
Commission has no power to inquire into, or require the
submission of, the terms, conditions or agreements by or under
which telephone cooperatives are financed. A telephone
cooperative shall file with the Commission either a copy of the
annual financial report required by the Rural Electrification
Administration, or the annual financial report required of
other public utilities.
Sections 13-712 and 13-713 of this Act do not apply to
telephone cooperatives.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/13-702) (from Ch. 111 2/3, par. 13-702)
Sec. 13-702. Every telecommunications carrier operating in
this State shall receive, transmit and deliver, without
discrimination or delay, the conversations, messages or other
transmissions of every other telecommunications carrier with
which a joint rate has been established or with whose line a
physical connection may have been made.
(Source: P.A. 84-1063.)
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
Sec. 13-703. (a) The Commission shall design and implement
a program whereby each telecommunications carrier providing
local exchange service shall provide a telecommunications
device capable of servicing the needs of those persons with a
hearing or speech disability together with a single party line,
at no charge additional to the basic exchange rate, to any
subscriber who is certified as having a hearing or speech
disability by a hearing care professional, as defined in the
Hearing Instrument Consumer Protection Act, a speech-language
pathologist, or a qualified State agency and to any subscriber
which is an organization serving the needs of those persons
with a hearing or speech disability as determined and specified
by the Commission pursuant to subsection (d).
(b) The Commission shall design and implement a program,
whereby each telecommunications carrier providing local
exchange service shall provide a telecommunications relay
system, using third party intervention to connect those persons
having a hearing or speech disability with persons of normal
hearing by way of intercommunications devices and the telephone
system, making available reasonable access to all phases of
public telephone service to persons who have a hearing or
speech disability. In order to design a telecommunications
relay system which will meet the requirements of those persons
with a hearing or speech disability available at a reasonable
cost, the Commission shall initiate an investigation and
conduct public hearings to determine the most cost-effective
method of providing telecommunications relay service to those
persons who have a hearing or speech disability when using
telecommunications devices and therein solicit the advice,
counsel, and physical assistance of Statewide nonprofit
consumer organizations that serve persons with hearing or
speech disabilities in such hearings and during the development
and implementation of the system. The Commission shall phase in
this program, on a geographical basis, as soon as is
practicable, but no later than June 30, 1990.
(c) The Commission shall establish a competitively neutral
rate recovery mechanism that establishes charges in an amount
to be determined by the Commission for each line of a
subscriber to allow telecommunications carriers providing
local exchange service to recover costs as they are incurred
under this Section. Beginning no later than April 1, 2016, and
on a yearly basis thereafter, the Commission shall initiate a
proceeding to establish the competitively neutral amount to be
charged or assessed to subscribers of telecommunications
carriers and wireless carriers, Interconnected VoIP service
providers, and consumers of prepaid wireless
telecommunications service in a manner consistent with this
subsection (c) and subsection (f) of this Section. The
Commission shall issue its order establishing the
competitively neutral amount to be charged or assessed to
subscribers of telecommunications carriers and wireless
carriers, Interconnected VoIP service providers, and
purchasers of prepaid wireless telecommunications service on
or prior to June 1 of each year, and such amount shall take
effect June 1 of each year.
Telecommunications carriers, wireless carriers,
Interconnected VoIP service providers, and sellers of prepaid
wireless telecommunications service shall have 60 days from the
date the Commission files its order to implement the new rate
established by the order.
(d) The Commission shall determine and specify those
organizations serving the needs of those persons having a
hearing or speech disability that shall receive a
telecommunications device and in which offices the equipment
shall be installed in the case of an organization having more
than one office. For the purposes of this Section,
"organizations serving the needs of those persons with hearing
or speech disabilities" means centers for independent living as
described in Section 12a of the Rehabilitation of Persons with
Disabilities Act and not-for-profit organizations whose
primary purpose is serving the needs of those persons with
hearing or speech disabilities. The Commission shall direct the
telecommunications carriers subject to its jurisdiction and
this Section to comply with its determinations and
specifications in this regard.
(e) As used in this Section:
"Prepaid wireless telecommunications service" has the
meaning given to that term under Section 10 of the Prepaid
Wireless 9-1-1 Surcharge Act.
"Retail transaction" has the meaning given to that term
under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Seller" has the meaning given to that term under Section
10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Telecommunications carrier providing local exchange
service" includes, without otherwise limiting the meaning of
the term, telecommunications carriers which are purely mutual
concerns, having no rates or charges for services, but paying
the operating expenses by assessment upon the members of such a
company and no other person.
"Wireless carrier" has the meaning given to that term under
Section 2 10 of the Wireless Emergency Telephone System Safety
Act.
(f) Interconnected VoIP service providers, sellers of
prepaid wireless telecommunications service, and wireless
carriers in Illinois shall collect and remit assessments
determined in accordance with this Section in a competitively
neutral manner in the same manner as a telecommunications
carrier providing local exchange service. However, the
assessment imposed on consumers of prepaid wireless
telecommunications service shall be collected by the seller
from the consumer and imposed per retail transaction as a
percentage of that retail transaction on all retail
transactions occurring in this State. The assessment on
subscribers of wireless carriers and consumers of prepaid
wireless telecommunications service shall not be imposed or
collected prior to June 1, 2016.
Sellers of prepaid wireless telecommunications service
shall remit the assessments to the Department of Revenue on the
same form and in the same manner which they remit the fee
collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
the purposes of display on the consumers' receipts, the rates
of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
Act and the assessment under this Section may be combined. In
administration and enforcement of this Section, the provisions
of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
Section 15 and subsections (c) and (e) of Section 20 of the
Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
(the effective date of Public Act 99-6), the seller shall be
permitted to deduct and retain 3% of the assessments that are
collected by the seller from consumers and that are remitted
and timely filed with the Department) that are not inconsistent
with this Section, shall apply, as far as practicable, to the
subject matter of this Section to the same extent as if those
provisions were included in this Section. The Department shall
deposit all assessments and penalties collected under this
Section into the Illinois Telecommunications Access
Corporation Fund, a special fund created in the State treasury.
On or before the 25th day of each calendar month, the
Department shall prepare and certify to the Comptroller the
amount available to the Commission for distribution out of the
Illinois Telecommunications Access Corporation Fund. The
amount certified shall be the amount (not including credit
memoranda) collected during the second preceding calendar
month by the Department, plus an amount the Department
determines is necessary to offset any amounts which were
erroneously paid to a different taxing body or fund. The amount
paid to the Illinois Telecommunications Access Corporation
Fund shall not include any amount equal to the amount of
refunds made during the second preceding calendar month by the
Department to retailers under this Section or any amount that
the Department determines is necessary to offset any amounts
which were payable to a different taxing body or fund but were
erroneously paid to the Illinois Telecommunications Access
Corporation Fund. The Commission shall distribute all the funds
to the Illinois Telecommunications Access Corporation and the
funds may only be used in accordance with the provisions of
this Section. The Department shall deduct 2% of all amounts
deposited in the Illinois Telecommunications Access
Corporation Fund during every year of remitted assessments. Of
the 2% deducted by the Department, one-half shall be
transferred into the Tax Compliance and Administration Fund to
reimburse the Department for its direct costs of administering
the collection and remittance of the assessment. The remaining
one-half shall be transferred into the Public Utility Fund to
reimburse the Commission for its costs of distributing to the
Illinois Telecommunications Access Corporation the amount
certified by the Department for distribution. The amount to be
charged or assessed under subsections (c) and (f) is not
imposed on a provider or the consumer for wireless Lifeline
service where the consumer does not pay the provider for the
service. Where the consumer purchases from the provider
optional minutes, texts, or other services in addition to the
federally funded Lifeline benefit, a consumer must pay the
charge or assessment, and it must be collected by the seller
according to this subsection (f).
Interconnected VoIP services shall not be considered an
intrastate telecommunications service for the purposes of this
Section in a manner inconsistent with federal law or Federal
Communications Commission regulation.
(g) The provisions of this Section are severable under
Section 1.31 of the Statute on Statutes.
(h) The Commission may adopt rules necessary to implement
this Section.
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,
eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17;
revised 2-15-17.)
(220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
Sec. 13-704. Each page of a billing statement which sets
forth charges assessed against a customer by a
telecommunications carrier for telecommunications service
shall reflect the telephone number or customer account number
to which the charges are being billed. If a telecommunications
carrier offers electronic billing, customers may elect to have
their bills sent electronically. Such bills shall be
transmitted with instructions for payment. Information sent
electronically shall be deemed to satisfy any requirement in
this Section that such information be printed or written on a
customer bill. Bills may be paid electronically or by the use
of a customer-preferred financially accredited credit or debit
methodology.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-705) (from Ch. 111 2/3, par. 13-705)
Sec. 13-705. Every telephone directory distributed after
July 1, 1990 to the general public in this State which lists
the calling numbers of telephones, of any telephone exchange
located in this State, shall also contain a listing, at no
additional charge, of any special calling number assigned to
any telecommunication device for the deaf in use within the
geographic area of coverage for the directory, unless the
telephone company is notified by the telecommunication device
subscriber that the subscriber does not wish the TDD number to
be listed in the directory. Such listing shall include, but is
not limited to, residential, commercial and governmental
numbers with telecommunication device access and shall include
a designation if the device is for print or display
communication only or if it also accommodates voice
transmission. In addition to the aforementioned requirements
each telephone directory so distributed shall also contain a
listing of any city and county emergency services and any
police telecommunication device for the deaf calling numbers in
the coverage area within this State which is included in the
directory as well as the listing of the Illinois State Police
emergency telecommunication device for the deaf calling number
in Springfield. This emergency numbers listing shall be
preceded by the words "Emergency Assistance for Deaf Persons"
which shall be as legible and printed in the same size as all
other emergency subheadings on the page; provided, that the
provisions of this Section do not apply to those directories
distributed solely for business advertising purposes, commonly
known as classified directories.
(Source: P.A. 85-1404.)
(220 ILCS 5/13-706) (from Ch. 111 2/3, par. 13-706)
Sec. 13-706. Except as provided in Section 13-707 of this
Act, all essential telephones, all coin-operated phones and all
emergency telephones sold, rented or distributed by any other
means in this State after July 1, 1990 shall be hearing-aid
compatible. The provisions of this Section shall not apply to
any telephone that is manufactured before July 1, 1989.
(Source: P.A. 85-1440.)
(220 ILCS 5/13-707) (from Ch. 111 2/3, par. 13-707)
Sec. 13-707. The following telephones shall be exempt from
the requirements of Section 13-706 of this Act: telephones used
with public mobile services; telephones used with private radio
services; and cordless telephones. The exemption provided in
this Section shall not apply with respect to cordless
telephones manufactured or imported more than 3 years after
September 19, 1988. The Commission shall periodically assess
the appropriateness of continuing in effect the exemptions
provided herein for public mobile service and private radio
service telephones and report their findings to the General
Assembly.
(Source: P.A. 85-1440.)
(220 ILCS 5/13-709)
Sec. 13-709. Orders of correction.
(a) A telecommunications carrier shall comply with orders
of correction issued by the Department of Public Health under
Section 5 of the Illinois Plumbing License Law.
(b) Upon receiving notification from the Department of
Public Health that a telecommunications carrier has failed to
comply with an order of correction, the Illinois Commerce
Commission shall enforce the order.
(c) The good faith compliance by a telecommunications
carrier with an order of the Department of Public Health or
Illinois Commerce Commission to terminate service pursuant to
Section 5 of the Illinois Plumbing License Law shall constitute
a complete defense to any civil action brought against the
telecommunications carrier arising from the termination of
service.
(Source: P.A. 91-184, eff. 1-1-00.)
(220 ILCS 5/13-712)
Sec. 13-712. Basic local exchange service quality;
customer credits.
(a) It is the intent of the General Assembly that every
telecommunications carrier meet minimum service quality
standards in providing noncompetitive basic local exchange
service on a non-discriminatory basis to all classes of
customers.
(b) Definitions:
(1) (Blank).
(2) "Basic local exchange service" means residential
and business lines used for local exchange
telecommunications service as defined in Section 13-204 of
this Act, that have not been classified as competitive
pursuant to either Section 13-502 or subdivision (c)(5) of
Section 13-506.2 of this Act, excluding:
(A) services that employ advanced
telecommunications capability as defined in Section
706(c)(1) of the federal Telecommunications Act of
1996;
(B) vertical services;
(C) company official lines; and
(D) records work only.
(3) "Link Up" refers to the Link Up Assistance program
defined and established at 47 C.F.R. Section 54.411 et seq.
as amended.
(c) The Commission shall promulgate service quality rules
for basic local exchange service, which may include fines,
penalties, customer credits, and other enforcement mechanisms.
In developing such service quality rules, the Commission shall
consider, at a minimum, the carrier's gross annual intrastate
revenue; the frequency, duration, and recurrence of the
violation; and the relative harm caused to the affected
customer or other users of the network. In imposing fines, the
Commission shall take into account compensation or credits paid
by the telecommunications carrier to its customers pursuant to
this Section in compensation for the violation found pursuant
to this Section. These rules shall become effective within one
year after the effective date of this amendatory Act of the
92nd General Assembly.
(d) The rules shall, at a minimum, require each
telecommunications carrier to do all of the following:
(1) Install basic local exchange service within 5
business days after receipt of an order from the customer
unless the customer requests an installation date that is
beyond 5 business days after placing the order for basic
service and to inform the customer of its duty to install
service within this timeframe. If installation of service
is requested on or by a date more than 5 business days in
the future, the telecommunications carrier shall install
service by the date requested. A telecommunications
carrier offering basic local exchange service utilizing
the network or network elements of another carrier shall
install new lines for basic local exchange service within 3
business days after provisioning of the line or lines by
the carrier whose network or network elements are being
utilized is complete. This subdivision (d)(1) does not
apply to the migration of a customer between
telecommunications carriers, so long as the customer
maintains dial tone.
(2) Restore basic local exchange service for a customer
within 30 hours of receiving notice that a customer is out
of service. This provision applies to service disruptions
that occur when a customer switches existing basic local
exchange service from one carrier to another.
(3) Keep all repair and installation appointments for
basic local exchange service, when a customer premises
visit requires a customer to be present.
(4) Inform a customer when a repair or installation
appointment requires the customer to be present.
(e) The rules shall include provisions for customers to be
credited by the telecommunications carrier for violations of
basic local exchange service quality standards as described in
subsection (d). The credits shall be applied on the statement
issued to the customer for the next monthly billing cycle
following the violation or following the discovery of the
violation. The performance levels established in subsection
(c) are solely for the purposes of consumer credits and shall
not be used as performance levels for the purposes of assessing
penalties under Section 13-305. At a minimum, the rules shall
include the following:
(1) If a carrier fails to repair an out-of-service
condition for basic local exchange service within 30 hours,
the carrier shall provide a credit to the customer. If the
service disruption is for over 30 hours but less than 48
hours, the credit must be equal to a pro-rata portion of
the monthly recurring charges for all local services
disrupted. If the service disruption is for more than 48
hours, but not more than 72 hours, the credit must be equal
to at least 33% of one month's recurring charges for all
local services disrupted. If the service disruption is for
more than 72 hours, but not more than 96 hours, the credit
must be equal to at least 67% of one month's recurring
charges for all local services disrupted. If the service
disruption is for more than 96 hours, but not more than 120
hours, the credit must be equal to one month's recurring
charges for all local services disrupted. For each day or
portion thereof that the service disruption continues
beyond the initial 120-hour period, the carrier shall also
provide an additional credit of $20 per day.
(2) If a carrier fails to install basic local exchange
service as required under subdivision (d)(1), the carrier
shall waive 50% of any installation charges, or in the
absence of an installation charge or where installation is
pursuant to the Link Up program, the carrier shall provide
a credit of $25. If a carrier fails to install service
within 10 business days after the service application is
placed, or fails to install service within 5 business days
after the customer's requested installation date, if the
requested date was more than 5 business days after the date
of the order, the carrier shall waive 100% of the
installation charge, or in the absence of an installation
charge or where installation is provided pursuant to the
Link Up program, the carrier shall provide a credit of $50.
For each day that the failure to install service continues
beyond the initial 10 business days, or beyond 5 business
days after the customer's requested installation date, if
the requested date was more than 5 business days after the
date of the order, the carrier shall also provide an
additional credit of $20 per day until service is
installed.
(3) If a carrier fails to keep a scheduled repair or
installation appointment when a customer premises visit
requires a customer to be present, the carrier shall credit
the customer $25 per missed appointment. A credit required
by this subsection does not apply when the carrier provides
the customer notice of its inability to keep the
appointment no later than 8 p.m. of the day prior to the
scheduled date of the appointment.
(4) If the violation of a basic local exchange service
quality standard is caused by a carrier other than the
carrier providing retail service to the customer, the
carrier providing retail service to the customer shall
credit the customer as provided in this Section. The
carrier causing the violation shall reimburse the carrier
providing retail service the amount credited the customer.
When applicable, an interconnection agreement shall govern
compensation between the carrier causing the violation, in
whole or in part, and the retail carrier providing the
credit to the customer.
(5) (Blank).
(6) Credits required by this subsection do not apply if
the violation of a service quality standard:
(i) occurs as a result of a negligent or willful
act on the part of the customer;
(ii) occurs as a result of a malfunction of
customer-owned telephone equipment or inside wiring;
(iii) occurs as a result of, or is extended by, an
emergency situation as defined in Commission rules;
(iv) is extended by the carrier's inability to gain
access to the customer's premises due to the customer
missing an appointment, provided that the violation is
not further extended by the carrier;
(v) occurs as a result of a customer request to
change the scheduled appointment, provided that the
violation is not further extended by the carrier;
(vi) occurs as a result of a carrier's right to
refuse service to a customer as provided in Commission
rules; or
(vii) occurs as a result of a lack of facilities
where a customer requests service at a geographically
remote location, a customer requests service in a
geographic area where the carrier is not currently
offering service, or there are insufficient facilities
to meet the customer's request for service, subject to
a carrier's obligation for reasonable facilities
planning.
(7) The provisions of this subsection are cumulative
and shall not in any way diminish or replace other civil or
administrative remedies available to a customer or a class
of customers.
(f) The rules shall require each telecommunications
carrier to provide to the Commission, on a quarterly basis and
in a form suitable for posting on the Commission's website, a
public report that includes performance data for basic local
exchange service quality of service. The performance data shall
be disaggregated for each geographic area and each customer
class of the State for which the telecommunications carrier
internally monitored performance data as of a date 120 days
preceding the effective date of this amendatory Act of the 92nd
General Assembly. The report shall include, at a minimum,
performance data on basic local exchange service
installations, lines out of service for more than 30 hours,
carrier response to customer calls, trouble reports, and missed
repair and installation commitments.
(g) The Commission shall establish and implement carrier to
carrier wholesale service quality rules and establish remedies
to ensure enforcement of the rules.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-713)
Sec. 13-713. Consumer complaint resolution process.
(a) It is the intent of the General Assembly that consumer
complaints against telecommunications carriers shall be
concluded as expeditiously as possible consistent with the
rights of the parties thereto to the due process of law and
protection of the public interest.
(b) The Commission shall promulgate rules that permit
parties to resolve disputes through mediation. A consumer may
request mediation upon completion of the Commission's informal
complaint process and prior to the initiation of a formal
complaint as described in Commission rules.
(c) A residential consumer or business consumer with fewer
than 20 lines shall have the right to request mediation for
resolution of a dispute with a telecommunications carrier. The
carrier shall be required to participate in mediation at the
consumer's request.
(d) The Commission may retain the services of an
independent neutral mediator or trained Commission staff to
facilitate resolution of the consumer dispute. The mediation
process must be completed no later than 45 days after the
consumer requests mediation.
(e) If the parties reach agreement, the agreement shall be
reduced to writing at the conclusion of the mediation. The
writing shall contain mutual conditions, payment arrangements,
or other terms that resolve the dispute in its entirety. If the
parties are unable to reach agreement or after 45 days,
whichever occurs first, the consumer may file a formal
complaint with the Commission as described in Commission rules.
(f) If either the consumer or the carrier fails to abide by
the terms of the settlement agreement, either party may
exercise any rights it may have as specified in the terms of
the agreement or as provided in Commission rules.
(g) All notes, writings and settlement discussions related
to the mediation shall be exempt from discovery and shall be
inadmissible in any agency or court proceeding.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
Sec. 13-801. Incumbent local exchange carrier obligations.
(a) This Section provides additional State requirements
contemplated by, but not inconsistent with, Section 261(c) of
the federal Telecommunications Act of 1996, and not preempted
by orders of the Federal Communications Commission. A
telecommunications carrier not subject to regulation under an
alternative regulation plan pursuant to Section 13-506.1 of
this Act shall not be subject to the provisions of this
Section, to the extent that this Section imposes requirements
or obligations upon the telecommunications carrier that exceed
or are more stringent than those obligations imposed by Section
251 of the federal Telecommunications Act of 1996 and
regulations promulgated thereunder.
An incumbent local exchange carrier shall provide a
requesting telecommunications carrier with interconnection,
collocation, network elements, and access to operations
support systems on just, reasonable, and nondiscriminatory
rates, terms, and conditions to enable the provision of any and
all existing and new telecommunications services within the
LATA, including, but not limited to, local exchange and
exchange access. The Commission shall require the incumbent
local exchange carrier to provide interconnection,
collocation, and network elements in any manner technically
feasible to the fullest extent possible to implement the
maximum development of competitive telecommunications services
offerings. As used in this Section, to the extent that
interconnection, collocation, or network elements have been
deployed for or by the incumbent local exchange carrier or one
of its wireline local exchange affiliates in any jurisdiction,
it shall be presumed that such is technically feasible in
Illinois.
(b) Interconnection.
(1) An incumbent local exchange carrier shall provide
for the facilities and equipment of any requesting
telecommunications carrier's interconnection with the
incumbent local exchange carrier's network on just,
reasonable, and nondiscriminatory rates, terms, and
conditions:
(A) for the transmission and routing of local
exchange, and exchange access telecommunications
services;
(B) at any technically feasible point within the
incumbent local exchange carrier's network; however,
the incumbent local exchange carrier may not require
the requesting carrier to interconnect at more than one
technically feasible point within a LATA; and
(C) that is at least equal in quality and
functionality to that provided by the incumbent local
exchange carrier to itself or to any subsidiary,
affiliate, or any other party to which the incumbent
local exchange carrier provides interconnection.
(2) An incumbent local exchange carrier shall make
available to any requesting telecommunications carrier, to
the extent technically feasible, those services,
facilities, or interconnection agreements or arrangements
that the incumbent local exchange carrier or any of its
incumbent local exchange subsidiaries or affiliates offers
in another state under the terms and conditions, but not
the stated rates, negotiated pursuant to Section 252 of the
federal Telecommunications Act of 1996. Rates shall be
established in accordance with the requirements of
subsection (g) of this Section. An incumbent local exchange
carrier shall also make available to any requesting
telecommunications carrier, to the extent technically
feasible, and subject to the unbundling provisions of
Section 251(d)(2) of the federal Telecommunications Act of
1996, those unbundled network element or interconnection
agreements or arrangements that a local exchange carrier
affiliate of the incumbent local exchange carrier obtains
in another state from the incumbent local exchange carrier
in that state, under the terms and conditions, but not the
stated rates, obtained through negotiation, or through an
arbitration initiated by the affiliate, pursuant to
Section 252 of the federal Telecommunications Act of 1996.
Rates shall be established in accordance with the
requirements of subsection (g) of this Section.
(c) Collocation. An incumbent local exchange carrier shall
provide for physical or virtual collocation of any type of
equipment for interconnection or access to network elements at
the premises of the incumbent local exchange carrier on just,
reasonable, and nondiscriminatory rates, terms, and
conditions. The equipment shall include, but is not limited to,
optical transmission equipment, multiplexers, remote switching
modules, and cross-connects between the facilities or
equipment of other collocated carriers. The equipment shall
also include microwave transmission facilities on the exterior
and interior of the incumbent local exchange carrier's premises
used for interconnection to, or for access to network elements
of, the incumbent local exchange carrier or a collocated
carrier, unless the incumbent local exchange carrier
demonstrates to the Commission that it is not practical due to
technical reasons or space limitations. An incumbent local
exchange carrier shall allow, and provide for, the most
reasonably direct and efficient cross-connects, that are
consistent with safety and network reliability standards,
between the facilities of collocated carriers. An incumbent
local exchange carrier shall also allow, and provide for, cross
connects between a noncollocated telecommunications carrier's
network elements platform, or a noncollocated
telecommunications carrier's transport facilities, and the
facilities of any collocated carrier, consistent with safety
and network reliability standards.
(d) Network elements. The incumbent local exchange carrier
shall provide to any requesting telecommunications carrier,
for the provision of an existing or a new telecommunications
service, nondiscriminatory access to network elements on any
unbundled or bundled basis, as requested, at any technically
feasible point on just, reasonable, and nondiscriminatory
rates, terms, and conditions.
(1) An incumbent local exchange carrier shall provide
unbundled network elements in a manner that allows
requesting telecommunications carriers to combine those
network elements to provide a telecommunications service.
(2) An incumbent local exchange carrier shall not
separate network elements that are currently combined,
except at the explicit direction of the requesting carrier.
(3) Upon request, an incumbent local exchange carrier
shall combine any sequence of unbundled network elements
that it ordinarily combines for itself, including but not
limited to, unbundled network elements identified in The
Draft of the Proposed Ameritech Illinois 271 Amendment
(I2A) found in Schedule SJA-4 attached to Exhibit 3.1 filed
by Illinois Bell Telephone Company on or about March 28,
2001 with the Illinois Commerce Commission under Illinois
Commerce Commission Docket Number 00-0700. The Commission
shall determine those network elements the incumbent local
exchange carrier ordinarily combines for itself if there is
a dispute between the incumbent local exchange carrier and
the requesting telecommunications carrier under this
subdivision of this Section of this Act.
The incumbent local exchange carrier shall be entitled
to recover from the requesting telecommunications carrier
any just and reasonable special construction costs
incurred in combining such unbundled network elements (i)
if such costs are not already included in the established
price of providing the network elements, (ii) if the
incumbent local exchange carrier charges such costs to its
retail telecommunications end users, and (iii) if fully
disclosed in advance to the requesting telecommunications
carrier. The Commission shall determine whether the
incumbent local exchange carrier is entitled to any special
construction costs if there is a dispute between the
incumbent local exchange carrier and the requesting
telecommunications carrier under this subdivision of this
Section of this Act.
(4) A telecommunications carrier may use a network
elements platform consisting solely of combined network
elements of the incumbent local exchange carrier to provide
end to end telecommunications service for the provision of
existing and new local exchange, interexchange that
includes local, local toll, and intraLATA toll, and
exchange access telecommunications services within the
LATA to its end users or payphone service providers without
the requesting telecommunications carrier's provision or
use of any other facilities or functionalities.
(5) The Commission shall establish maximum time
periods for the incumbent local exchange carrier's
provision of network elements. The maximum time period
shall be no longer than the time period for the incumbent
local exchange carrier's provision of comparable retail
telecommunications services utilizing those network
elements. The Commission may establish a maximum time
period for a particular network element that is shorter
than for a comparable retail telecommunications service
offered by the incumbent local exchange carrier if a
requesting telecommunications carrier establishes that it
shall perform other functions or activities after receipt
of the particular network element to provide
telecommunications services to end users. The burden of
proof for establishing a maximum time period for a
particular network element that is shorter than for a
comparable retail telecommunications service offered by
the incumbent local exchange carrier shall be on the
requesting telecommunications carrier. Notwithstanding any
other provision of this Article, unless and until the
Commission establishes by rule or order a different
specific maximum time interval, the maximum time intervals
shall not exceed 5 business days for the provision of
unbundled loops, both digital and analog, 10 business days
for the conditioning of unbundled loops or for existing
combinations of network elements for an end user that has
existing local exchange telecommunications service, and
one business day for the provision of the high frequency
portion of the loop (line-sharing) for at least 95% of the
requests of each requesting telecommunications carrier for
each month.
In measuring the incumbent local exchange carrier's
actual performance, the Commission shall ensure that
occurrences beyond the control of the incumbent local
exchange carrier that adversely affect the incumbent local
exchange carrier's performance are excluded when
determining actual performance levels. Such occurrences
shall be determined by the Commission, but at a minimum
must include work stoppage or other labor actions and acts
of war. Exclusions shall also be made for performance that
is governed by agreements approved by the Commission and
containing timeframes for the same or similar measures or
for when a requesting telecommunications carrier requests
a longer time interval.
(6) When a telecommunications carrier requests a
network elements platform referred to in subdivision
(d)(4) of this Section, without the need for field work
outside of the central office, for an end user that has
existing local exchange telecommunications service
provided by an incumbent local exchange carrier, or by
another telecommunications carrier through the incumbent
local exchange carrier's network elements platform, unless
otherwise agreed by the telecommunications carriers, the
incumbent local exchange carrier shall provide the
requesting telecommunications carrier with the requested
network elements platform within 3 business days for at
least 95% of the requests for each requesting
telecommunications carrier for each month. A requesting
telecommunications carrier may order the network elements
platform as is for an end user that has such existing local
exchange service without changing any of the features
previously selected by the end user. The incumbent local
exchange carrier shall provide the requested network
elements platform without any disruption to the end user's
services.
Absent a contrary agreement between the
telecommunications carriers entered into after the
effective date of this amendatory Act of the 92nd General
Assembly, as of 12:01 a.m. on the third business day after
placing the order for a network elements platform, the
requesting telecommunications carrier shall be the
presubscribed primary local exchange carrier for that end
user line and shall be entitled to receive, or to direct
the disposition of, all revenues for all services utilizing
the network elements in the platform, unless it is
established that the end user of the existing local
exchange service did not authorize the requesting
telecommunications carrier to make the request.
(e) Operations support systems. The Commission shall
establish minimum standards with just, reasonable, and
nondiscriminatory rates, terms, and conditions for the
preordering, ordering, provisioning, maintenance and repair,
and billing functions of the incumbent local exchange carrier's
operations support systems provided to other
telecommunications carriers.
(f) Resale. An incumbent local exchange carrier shall offer
all retail telecommunications services, that the incumbent
local exchange carrier provides at retail to subscribers who
are not telecommunications carriers, within the LATA, together
with each applicable optional feature or functionality,
subject to resale at wholesale rates without imposing any
unreasonable or discriminatory conditions or limitations.
Wholesale rates shall be based on the retail rates charged to
end users for the telecommunications service requested,
excluding the portion thereof attributable to any marketing,
billing, collection, and other costs avoided by the local
exchange carrier. The Commission may determine under Article IX
of this Act that certain noncompetitive services, together with
each applicable optional feature or functionality, that are
offered to residence customers under different rates, charges,
terms, or conditions than to other customers should not be
subject to resale under the rates, charges, terms, or
conditions available only to residence customers.
(g) Cost based rates. Interconnection, collocation,
network elements, and operations support systems shall be
provided by the incumbent local exchange carrier to requesting
telecommunications carriers at cost based rates. The immediate
implementation and provisioning of interconnection,
collocation, network elements, and operations support systems
shall not be delayed due to any lack of determination by the
Commission as to the cost based rates. When cost based rates
have not been established, within 30 days after the filing of a
petition for the setting of interim rates, or after the
Commission's own motion, the Commission shall provide for
interim rates that shall remain in full force and effect until
the cost based rate determination is made, or the interim rate
is modified, by the Commission.
(h) Rural exemption. This Section does not apply to certain
rural telephone companies as described in 47 U.S.C. 251(f).
(i) Schedule of rates. A telecommunications carrier may
request the incumbent local exchange carrier to provide a
schedule of rates listing each of the rate elements of the
incumbent local exchange carrier that pertains to a proposed
order identified by the requesting telecommunications carrier
for any of the matters covered in this Section. The incumbent
local exchange carrier shall deliver the requested schedule of
rates to the requesting telecommunications carrier within 2
business days for 95% of the requests for each requesting
carrier
(j) Special access circuits. Other than as provided in
subdivision (d)(4) of this Section for the network elements
platform described in that subdivision, nothing in this
amendatory Act of the 92nd General Assembly is intended to
require or prohibit the substitution of switched or special
access services by or with a combination of network elements
nor address the Illinois Commerce Commission's jurisdiction or
authority in this area.
(k) The Commission shall determine any matters in dispute
between the incumbent local exchange carrier and the requesting
carrier pursuant to Section 13-515 of this Act.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-802.1)
Sec. 13-802.1. Depreciation; examination and audit;
agreement conditions; federal Telecommunications Act of 1996.
(a) In performing any cost analysis authorized pursuant to
this Act, the Commission may ascertain and determine and by
order fix the proper and adequate rate of depreciation of the
property for a telecommunications carrier for the purpose of
such cost analysis.
(b) The Commission may provide for the examination and
audit of all accounts. Items subject to the Commission's
regulatory requirements shall be so allocated in the manner
prescribed by the Commission. The officers and employees of the
Commission shall have the authority under the direction of the
Commission to inspect and examine any and all books, accounts,
papers, records, and memoranda kept by the telecommunications
carrier.
(c) The Commission is authorized to adopt rules and
regulations concerning the conditions to be contained in and
become a part of contracts for noncompetitive
telecommunications services in a manner consistent with this
Act and federal law.
(d) The Commission shall have the authority to, and shall
engage in, all state regulatory actions needed to implement and
enforce the federal Telecommunications Act of 1996 consistent
with federal law, including, but not limited to, the
negotiation, arbitration, implementation, resolution of
disputes and enforcement of interconnection agreements arising
under Sections 251 and 252 of the federal Telecommunications
Act of 1996.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/13-804)
Sec. 13-804. Broadband investment. Increased investment
into broadband infrastructure is critical to the economic
development of this State and a key component to the retention
of existing jobs and the creation of new jobs. The removal of
regulatory uncertainty will attract greater private-sector
investment in broadband infrastructure. Notwithstanding other
provisions of this Article:
(A) the Commission shall have the authority to certify
providers of wireless services, including, but not limited
to, private radio service, public mobile service, or
commercial mobile service, as those terms are defined in 47
U.S.C. 332 on the effective date of this amendatory Act of
the 96th General Assembly or as amended thereafter, to
provide telecommunications services in Illinois;
(B) the Commission shall have the authority to certify
providers of wireless services, including, but not limited
to, private radio service, public mobile service, or
commercial mobile service, as those terms are defined in 47
U.S.C. 332 on the effective date of this amendatory Act of
the 96th General Assembly or as amended thereafter, as
eligible telecommunications carriers in Illinois, as that
term has the meaning prescribed in 47 U.S.C. 214 on the
effective date of this amendatory Act of the 96th General
Assembly or as amended thereafter;
(C) the Commission shall have the authority to register
providers of fixed or non-nomadic Interconnected VoIP
service as Interconnected VoIP service providers in
Illinois in accordance with Section 401.1 of this Article;
(D) the Commission shall have the authority to require
providers of Interconnected VoIP service to participate in
hearing and speech disability programs; and
(E) the Commission shall have the authority to access
information provided to the non-profit organization under
Section 20 of the High Speed Internet Services and
Information Technology Act, provided the Commission enters
into a proprietary and confidentiality agreement governing
such information.
Except to the extent expressly permitted by and consistent
with federal law, the regulations of the Federal Communications
Commission, this Article, Article XXI or XXII of this Act, or
this amendatory Act of the 96th General Assembly, the
Commission shall not regulate the rates, terms, conditions,
quality of service, availability, classification, or any other
aspect of service regarding (i) broadband services, (ii)
Interconnected VoIP services, (iii) information services, as
defined in 47 U.S.C. 153(20) on the effective date of this
amendatory Act of the 96th General Assembly or as amended
thereafter, or (iv) wireless services, including, but not
limited to, private radio service, public mobile service, or
commercial mobile service, as those terms are defined in 47
U.S.C. 332 on the effective date of this amendatory Act of the
96th General Assembly or as amended thereafter.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-900)
Sec. 13-900. Authority to serve as 9-1-1 system provider;
rules.
(a) The General Assembly finds that it is necessary to
require the certification of 9-1-1 system providers to ensure
the safety of the lives and property of Illinoisans and
Illinois businesses, and to otherwise protect and promote the
public safety, health, and welfare of the citizens of this
State and their property.
(b) For purposes of this Section:
"9-1-1 system" has the same meaning as that term is
defined in Section 2.19 of the Emergency Telephone System
Act.
"9-1-1 system provider" means any person, corporation,
limited liability company, partnership, sole
proprietorship, or entity of any description whatever that
acts as a system provider within the meaning of Section
2.18 of the Emergency Telephone System Act.
"Emergency Telephone System Board" has the same
meaning as that term is defined in Sections 2.11 and 15.4
of the Emergency Telephone System Act.
"Public safety agency personnel" means personnel
employed by a public safety agency, as that term is defined
in Section 2.02 of the Emergency Telephone System Act,
whose responsibilities include responding to requests for
emergency services.
(c) Except as otherwise provided in this Section, beginning
July 1, 2010, it is unlawful for any 9-1-1 system provider to
offer or provide or seek to offer or provide to any emergency
telephone system board or 9-1-1 system, or agent,
representative, or designee thereof, any network and database
service used or intended to be used by any emergency telephone
system board or 9-1-1 system for the purpose of answering,
transferring, or relaying requests for emergency services, or
dispatching public safety agency personnel in response to
requests for emergency services, unless the 9-1-1 system
provider has applied for and received a Certificate of 9-1-1
System Provider Authority from the Commission. The Commission
shall approve an application for a Certificate of 9-1-1 System
Provider Authority upon a showing by the applicant, and a
finding by the Commission, after notice and hearing, that the
applicant possesses sufficient technical, financial, and
managerial resources and abilities to provide network service
and database services that it seeks authority to provide in its
application for service authority, in a safe, continuous, and
uninterrupted manner.
(d) No incumbent local exchange carrier that provides, as
of the effective date of this amendatory Act of the 96th
General Assembly, any 9-1-1 network and 9-1-1 database service
used or intended to be used by any Emergency Telephone System
Board or 9-1-1 system, shall be required to obtain a
Certificate of 9-1-1 System Provider Authority under this
Section. No entity that possesses, as of the effective date of
this amendatory Act of the 96th General Assembly, a Certificate
of Service Authority and provides 9-1-1 network and 9-1-1
database services to any incumbent local exchange carrier as of
the effective date of this amendatory Act of the 96th General
Assembly shall be required to obtain a Certificate of 9-1-1
System Provider Authority under this Section.
(e) Any and all enforcement authority granted to the
Commission under this Section shall apply exclusively to 9-1-1
system providers granted a Certificate of Service Authority
under this Section and shall not apply to incumbent local
exchange carriers that are providing 9-1-1 service as of the
effective date of this amendatory Act of the 96th General
Assembly.
(Source: P.A. 96-25, eff. 6-30-09.)
(220 ILCS 5/13-900.1)
Sec. 13-900.1. Authority over 9-1-1 rates and terms of
service. Notwithstanding any other provision of this Article,
the Commission retains its full authority over the rates and
service quality as they apply to 9-1-1 system providers,
including the Commission's existing authority over
interconnection with 9-1-1 system providers and 9-1-1 systems.
The rates, terms, and conditions for 9-1-1 service shall be
tariffed and shall be provided in the manner prescribed by this
Act and shall be subject to the applicable laws, including
rules or regulations adopted and orders issued by the
Commission or the Federal Communications Commission. The
Commission retains this full authority regardless of the
technologies utilized or deployed by 9-1-1 system providers.
(Source: P.A. 96-927, eff. 6-15-10; 97-333, eff. 8-12-11.)
(220 ILCS 5/13-900.2)
Sec. 13-900.2. Access services.
(a) This Section shall apply to switched access rates
charged by all carriers other than Electing Providers whose
switched access rates are governed by subsection (g) of Section
13-506.2 of this Act.
(b) Except as otherwise provided in subsection (c) of this
Section, the rates of any telecommunications carrier,
including, but not limited to, competitive local exchange
carriers, providing intrastate switched access service shall
be reduced to rates no higher than the carrier's rates for
interstate switched access service as follows:
(1) by January 1, 2011, each telecommunications
carrier must reduce its intrastate switched access rates by
an amount equal to 50% of the difference between its then
current intrastate switched access rates and its then
current interstate switched access rates;
(2) by January 1, 2012, each telecommunications
carrier must further reduce its intrastate switched access
rates by an amount equal to 50% of the difference between
its then current intrastate switched access rates and its
then current interstate switched access rates;
(3) by July 1, 2012, each telecommunications carrier
must reduce its intrastate switched access rates to mirror
its then current interstate switched access rates and rate
structure.
Following 24 months after the effective date of this
amendatory Act of the 96th General Assembly, each
telecommunications carrier must continue to set its intrastate
switched access rates to mirror its interstate switched access
rates and rate structure. For purposes of this Section, the
rate for intrastate switched access service means the
composite, per-minute rate for that service, including all
applicable fixed and traffic-sensitive charges, including, but
not limited to, carrier common line charges.
(c) Subsection (b) of this Section shall not apply to
incumbent local exchange carriers serving 35,000 or fewer
access lines.
(d) Nothing in subsection (b) of this Section prohibits a
telecommunications carrier from electing to offer intrastate
switched access service at rates lower than its interstate
rates.
(e) The Commission shall have no authority to order a
telecommunications carrier to set its rates for intrastate
switched access at a level lower than its interstate switched
access rates.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-900.3)
Sec. 13-900.3. Regulatory flexibility for 9-1-1 system
providers.
(a) For purposes of this Section, "Regional Pilot Project"
to implement next generation 9-1-1 has the same meaning as that
term is defined in Section 2.22 of the Emergency Telephone
System Act.
(b) For the limited purpose of a Regional Pilot Project to
implement next generation 9-1-1, as defined in Section 13-900
of this Article, the Commission may forbear from applying any
rule or provision of Section 13-900 as it applies to
implementation of the Regional Pilot Project to implement next
generation 9-1-1 if the Commission determines, after notice and
hearing, that: (1) enforcement of the rule is not necessary to
ensure the development and improvement of emergency
communication procedures and facilities in such a manner as to
be able to quickly respond to any person requesting 9-1-1
services from police, fire, medical, rescue, and other
emergency services; (2) enforcement of the rule or provision is
not necessary for the protection of consumers; and (3)
forbearance from applying such provisions or rules is
consistent with the public interest. The Commission may
exercise such forbearance with respect to one, and only one,
Regional Pilot Project as authorized by Sections 10 and 11 of
the Emergency Telephone Systems Act to implement next
generation 9-1-1.
(Source: P.A. 96-1443, eff. 8-20-10; 97-333, eff. 8-12-11.)
(220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
Sec. 13-901. Operator Service Provider.
(a) For the purposes of this Section:
(1) "Operator service provider" means every
telecommunications carrier that provides operator services
or any other person or entity that the Commission
determines is providing operator services.
(2) "Aggregator" means any person or entity that is not
an operator service provider and that in the ordinary
course of its operations makes telephones available to the
public or to transient users of its premises including, but
not limited to, a hotel, motel, hospital, or university for
telephone calls between points within this State that are
specified by the user using an operator service provider.
(3) "Operator services" means any telecommunications
service that includes, as a component, any automatic or
live assistance to a consumer to arrange for billing or
completion, or both, of a telephone call between points
within this State that are specified by the user through a
method other than:
(A) automatic completion with billing to the
telephone from which the call originated;
(B) completion through an access code or a
proprietory account number used by the consumer, with
billing to an account previously established with the
carrier by the consumer; or
(C) completion in association with directory
assistance services.
(b) The Commission shall, by rule or order, adopt and
enforce operating requirements for the provision of
operator-assisted services. The rules shall apply to operator
service providers and to aggregators. The rules shall be
compatible with the rules adopted by the Federal Communications
Commission under the federal Telephone Operator Consumer
Services Improvement Act of 1990. These requirements shall
address, but not necessarily be limited to, the following:
(1) oral and written notification of the identity of
the operator service provider and the availability of
information regarding operator service provider rates,
collection methods, and complaint resolution methods;
(2) restrictions on billing and charges for operator
services;
(3) restrictions on "call splashing" as that term is
defined in 47 C.F.R. Section 64.708;
(4) access to other telecommunications carriers by the
use of access codes including, but not limited to 800, 888,
950, and 10XXX numbers;
(5) the appropriate routing and handling of emergency
calls;
(6) the enforcement of these rules through tariffs for
operator services and by a requirement that operator
service providers withhold payment of compensation to
aggregators that have been found to be noncomplying by the
Commission.
(c) The Commission shall adopt any rule necessary to make
rules previously adopted under this Section compatible with the
rules of the Federal Communications Commission no later than
one year after the effective date of this amendatory Act of
1993.
(d) A violation of any rule adopted by the Commission under
subsection (b) is a business offense subject to a fine of not
less than $1,000 nor more than $5,000. In addition, the
Commission may, after notice and hearing, order any
telecommunications carrier to terminate service to any
aggregator found to have violated any rule.
(Source: P.A. 90-38, eff. 6-27-97; 91-49, eff. 6-30-99.)
(220 ILCS 5/13-902)
Sec. 13-902. Authorization and verification of a
subscriber's change in telecommunications carrier.
(a) Definitions; scope.
(1) "Submitting carrier" means any telecommunications
carrier that requests on behalf of a subscriber that the
subscriber's telecommunications carrier be changed and
seeks to provide retail services to the end user
subscriber.
(2) "Executing carrier" means any telecommunications
carrier that effects a request that a subscriber's
telecommunications carrier be changed.
(3) "Authorized carrier" means any telecommunications
carrier that submits a change, on behalf of a subscriber,
in the subscriber's selection of a provider of
telecommunications service with the subscriber's
authorization verified in accordance with the procedures
specified in this Section.
(4) "Unauthorized carrier" means any
telecommunications carrier that submits a change, on
behalf of a subscriber, in the subscriber's selection of a
provider of telecommunications service but fails to obtain
the subscriber's authorization verified in accordance with
the procedures specified in this Section.
(5) "Unauthorized change" means a change in a
subscriber's selection of a provider of telecommunications
service that was made without authorization verified in
accordance with the verification procedures specified in
this Section.
(6) "Subscriber" means:
(A) the party identified in the account records of
a common carrier as responsible for payment of the
telephone bill;
(B) any adult person authorized by such party to
change telecommunications services or to charge
services to the account; or
(C) any person contractually or otherwise lawfully
authorized to represent such party.
This Section does not apply to retail business subscribers
served by more than 20 lines.
(b) Authorization from the subscriber. "Authorization"
means an express, affirmative act by a subscriber agreeing to
the change in the subscriber's telecommunications carrier to
another carrier. A subscriber's telecommunications service
shall be provided by the telecommunications carrier selected by
the subscriber.
(c) Authorization and verification of orders for
telecommunications service.
(1) No telecommunications carrier shall submit or
execute a change on behalf of a subscriber in the
subscriber's selection of a provider of telecommunications
service except in accordance with the procedures
prescribed in this subsection.
(2) No submitting carrier shall submit a change on the
behalf of a subscriber in the subscriber's selection of a
provider of telecommunications service prior to obtaining:
(A) authorization from the subscriber; and
(B) verification of that authorization in
accordance with the procedures prescribed in this
Section.
The submitting carrier shall maintain and preserve records
of verification of subscriber authorization for a minimum
period of 2 years after obtaining such verification.
(3) An executing carrier shall not verify the
submission of a change in a subscriber's selection of a
provider of telecommunications service received from a
submitting carrier. For an executing carrier, compliance
with the procedures described in this Section shall be
defined as prompt execution, without any unreasonable
delay, of changes that have been verified by a submitting
carrier.
(4) Commercial mobile radio services (CMRS) providers
shall be excluded from the verification requirements of
this Section as long as they are not required to provide
equal access to common carriers for the provision of
telephone toll services, in accordance with 47 U.S.C.
332(c)(8).
(5) Where a telecommunications carrier is selling more
than one type of telecommunications service (e.g., local
exchange, intraLATA/intrastate toll, interLATA/interstate
toll, and international toll), that carrier must obtain
separate authorization from the subscriber for each
service sold, although the authorizations may be made
within the same solicitation. Each authorization must be
verified separately from any other authorizations obtained
in the same solicitation. Each authorization must be
verified in accordance with the verification procedures
prescribed in this Section.
(6) No telecommunications carrier shall submit a
preferred carrier change order unless and until the order
has been confirmed in accordance with one of the following
procedures:
(A) The telecommunications carrier has obtained
the subscriber's written or electronically signed
authorization in a form that meets the requirements of
subsection (d).
(B) The telecommunications carrier has obtained
the subscriber's electronic authorization to submit
the preferred carrier change order. Such authorization
must be placed from the telephone number or numbers on
which the preferred carrier is to be changed and must
confirm the information in subsections (b) and (c) of
this Section. Telecommunications carriers electing to
confirm sales electronically shall establish one or
more toll-free telephone numbers exclusively for that
purpose. Calls to the toll-free telephone numbers must
connect a subscriber to a voice response unit, or
similar mechanism, that records the required
information regarding the preferred carrier change,
including automatically recording the originating
automatic number identification.
(C) An appropriately qualified independent third
party has obtained, in accordance with the procedures
set forth in paragraphs (7) through (10) of this
subsection, the subscriber's oral authorization to
submit the preferred carrier change order that
confirms and includes appropriate verification data.
The independent third party must not be owned, managed,
controlled, or directed by the carrier or the carrier's
marketing agent; must not have any financial incentive
to confirm preferred carrier change orders for the
carrier or the carrier's marketing agent; and must
operate in a location physically separate from the
carrier or the carrier's marketing agent.
(7) Methods of third party verification. Automated
third party verification systems and three-way conference
calls may be used for verification purposes so long as the
requirements of paragraphs (8) through (10) of this
subsection are satisfied.
(8) Carrier initiation of third party verification. A
carrier or a carrier's sales representative initiating a
three-way conference call or a call through an automated
verification system must drop off the call once the
three-way connection has been established.
(9) Requirements for content and format of third party
verification. All third party verification methods shall
elicit, at a minimum, the identity of the subscriber;
confirmation that the person on the call is authorized to
make the carrier change; confirmation that the person on
the call wants to make the carrier change; the names of the
carriers affected by the change; the telephone numbers to
be switched; and the types of service involved. Third party
verifiers may not market the carrier's services by
providing additional information, including information
regarding preferred carrier freeze procedures.
(10) Other requirements for third party verification.
All third party verifications shall be conducted in the
same language that was used in the underlying sales
transaction and shall be recorded in their entirety. In
accordance with the procedures set forth in paragraph
(2)(B) of this subsection, submitting carriers shall
maintain and preserve audio records of verification of
subscriber authorization for a minimum period of 2 years
after obtaining such verification. Automated systems must
provide consumers with an option to speak with a live
person at any time during the call.
(11) Telecommunications carriers must provide
subscribers the option of using one of the authorization
and verification procedures specified in paragraph (6) of
this subsection in addition to an electronically signed
authorization and verification procedure under paragraph
(6)(A) of this subsection.
(d) Letter of agency form and content.
(1) A telecommunications carrier may use a written or
electronically signed letter of agency to obtain
authorization or verification, or both, of a subscriber's
request to change his or her preferred carrier selection. A
letter of agency that does not conform with this Section is
invalid for purposes of this Section.
(2) The letter of agency shall be a separate document
(or an easily separable document) or located on a separate
screen or webpage containing only the authorizing language
described in paragraph (5) of this subsection having the
sole purpose of authorizing a telecommunications carrier
to initiate a preferred carrier change. The letter of
agency must be signed and dated by the subscriber to the
telephone line or lines requesting the preferred carrier
change.
(3) The letter of agency shall not be combined on the
same document, screen, or webpage with inducements of any
kind.
(4) Notwithstanding paragraphs (2) and (3) of this
subsection, the letter of agency may be combined with
checks that contain only the required letter of agency
language as prescribed in paragraph (5) of this subsection
and the necessary information to make the check a
negotiable instrument. The letter of agency check shall not
contain any promotional language or material. The letter of
agency check shall contain in easily readable, bold-face
type on the front of the check, a notice that the
subscriber is authorizing a preferred carrier change by
signing the check. The letter of agency language shall be
placed near the signature line on the back of the check.
(5) At a minimum, the letter of agency must be printed
with a type of sufficient size and readability to be
clearly legible and must contain clear and unambiguous
language that confirms:
(A) The subscriber's billing name and address and
each telephone number to be covered by the preferred
carrier change order;
(B) The decision to change the preferred carrier
from the current telecommunications carrier to the
soliciting telecommunications carrier;
(C) That the subscriber designates (insert the
name of the submitting carrier) to act as the
subscriber's agent for the preferred carrier change;
(D) That the subscriber understands that only one
telecommunications carrier may be designated as the
subscriber's interstate or interLATA preferred
interexchange carrier for any one telephone number. To
the extent that a jurisdiction allows the selection of
additional preferred carriers (e.g., local exchange,
intraLATA/intrastate toll, interLATA/interstate toll,
or international interexchange) the letter of agency
must contain separate statements regarding those
choices, although a separate letter of agency for each
choice is not necessary; and
(E) That the subscriber may consult with the
carrier as to whether a fee will apply to the change in
the subscriber's preferred carrier.
(6) Any carrier designated in a letter of agency as a
preferred carrier must be the carrier directly setting the
rates for the subscriber.
(7) Letters of agency shall not suggest or require that
a subscriber take some action in order to retain the
subscriber's current telecommunications carrier.
(8) If any portion of a letter of agency is translated
into another language then all portions of the letter of
agency must be translated into that language. Every letter
of agency must be translated into the same language as any
promotional materials, oral descriptions, or instructions
provided with the letter of agency.
(9) Letters of agency submitted with an electronically
signed authorization must include the consumer disclosures
required by Section 101(c) of the Electronic Signatures in
Global and National Commerce Act.
(10) A telecommunications carrier shall submit a
preferred carrier change order on behalf of a subscriber
within no more than 60 days after obtaining a written or
electronically signed letter of agency.
(11) If a telecommunications carrier uses a letter of
agency, the carrier shall send a letter to the subscriber
using first class mail, postage prepaid, no later than 10
days after the telecommunications carrier submitting the
change in the subscriber's telecommunications carrier is
on notice that the change has occurred. The letter must
inform the subscriber of the details of the
telecommunications carrier change and provide the
subscriber with a toll free number to call should the
subscriber wish to cancel the change.
(e) A switch in a subscriber's selection of a provider of
telecommunications service that complies with the rules
promulgated by the Federal Communications Commission and any
amendments thereto shall be deemed to be in compliance with the
provisions of this Section.
(f) The Commission shall promulgate any rules necessary to
administer this Section. The rules promulgated under this
Section shall comport with the rules, if any, promulgated by
the Attorney General pursuant to the Consumer Fraud and
Deceptive Business Practices Act and with any rules promulgated
by the Federal Communications Commission.
(g) Complaints may be filed with the Commission under this
Section by a subscriber whose telecommunications service has
been provided by an unauthorized telecommunications carrier as
a result of an unreasonable delay, by a subscriber whose
telecommunications carrier has been changed to another
telecommunications carrier in a manner not in compliance with
this Section, by a subscriber's authorized telecommunications
carrier that has been removed as a subscriber's
telecommunications carrier in a manner not in compliance with
this Section, by a subscriber's authorized submitting carrier
whose change order was delayed unreasonably, or by the
Commission on its own motion. Upon filing of the complaint, the
parties may mutually agree to submit the complaint to the
Commission's established mediation process. Remedies in the
mediation process may include, but shall not be limited to, the
remedies set forth in this subsection. In its discretion, the
Commission may deny the availability of the mediation process
and submit the complaint to hearings. If the complaint is not
submitted to mediation or if no agreement is reached during the
mediation process, hearings shall be held on the complaint. If,
after notice and hearing, the Commission finds that a
telecommunications carrier has violated this Section or a rule
promulgated under this Section, the Commission may in its
discretion do any one or more of the following:
(1) Require the violating telecommunications carrier
to refund to the subscriber all fees and charges collected
from the subscriber for services up to the time the
subscriber receives written notice of the fact that the
violating carrier is providing telecommunications service
to the subscriber, including notice on the subscriber's
bill. For unreasonable delays wherein telecommunications
service is provided by an unauthorized carrier, the
Commission may require the violating carrier to refund to
the subscriber all fees and charges collected from the
subscriber during the unreasonable delay. The Commission
may order the remedial action outlined in this subsection
only to the extent that the same remedial action is allowed
pursuant to rules or regulations promulgated by the Federal
Communications Commission.
(2) Require the violating telecommunications carrier
to refund to the subscriber charges collected in excess of
those that would have been charged by the subscriber's
authorized telecommunications carrier.
(3) Require the violating telecommunications carrier
to pay to the subscriber's authorized telecommunications
carrier the amount the authorized telecommunications
carrier would have collected for the telecommunications
service. The Commission is authorized to reduce this
payment by any amount already paid by the violating
telecommunications carrier to the subscriber's authorized
telecommunications carrier for those telecommunications
services.
(4) Require the violating telecommunications carrier
to pay a fine of up to $1,000 into the Public Utility Fund
for each repeated and intentional violation of this
Section.
(5) Issue a cease and desist order.
(6) For a pattern of violation of this Section or for
intentionally violating a cease and desist order, revoke
the violating telecommunications carrier's certificate of
service authority.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-903)
Sec. 13-903. Authorization, verification or notification,
and dispute resolution for covered product and service charges
on the telephone bill.
(a) Definitions. As used in this Section:
(1) "Subscriber" means a telecommunications carrier's
retail business customer served by not more than 20 lines
or a retail residential customer.
(2) "Telecommunications carrier" has the meaning given
in Section 13-202 of the Public Utilities Act and includes
agents and employees of a telecommunications carrier,
except that "telecommunications carrier" does not include
a provider of commercial mobile radio services (as defined
by 47 U.S.C. 332(d)(1)).
(b) Applicability of Section. This Section does not apply
to:
(1) changes in a subscriber's local exchange
telecommunications service or interexchange
telecommunications service;
(2) message telecommunications charges that are
initiated by dialing 1+, 0+, 0-, 1010XXX, or collect calls
and charges for video services if the service provider has
the necessary call detail record to establish the billing
for the call or service; and
(3) telecommunications services available on a
subscriber's line when the subscriber activates and pays
for the services on a per use basis.
(c) Requirements for billing authorized charges. A
telecommunications carrier shall meet all of the following
requirements before submitting charges for any product or
service to be billed on any subscriber's telephone bill:
(1) Inform the subscriber. The telecommunications
carrier offering the product or service must thoroughly
inform the subscriber of the product or service being
offered, including all associated charges, and explicitly
inform the subscriber that the associated charges for the
product or service will appear on the subscriber's
telephone bill.
(2) Obtain subscriber authorization. The subscriber
must have clearly and explicitly consented to obtaining the
product or service offered and to having the associated
charges appear on the subscriber's telephone bill. The
consent must be verified by the service provider in
accordance with subsection (d) of this Section. A record of
the consent must be maintained by the telecommunications
carrier offering the product or service for at least 24
months immediately after the consent and verification were
obtained.
(d) Verification or notification. Except in
subscriber-initiated transactions with a certificated
telecommunications carrier for which the telecommunications
carrier has the appropriate documentation, the
telecommunications carrier, after obtaining the subscriber's
authorization in the required manner, shall either verify the
authorization or notify the subscriber as follows:
(1) Independent third-party verification:
(A) Verification shall be obtained by an
independent third party that:
(i) operates from a facility physically
separate from that of the telecommunications
carrier;
(ii) is not directly or indirectly managed,
controlled, directed, or owned wholly or in part by
the telecommunications carrier or the carrier's
marketing agent; and
(iii) does not derive commissions or
compensation based upon the number of sales
confirmed.
(B) The third-party verification agent shall
state, and shall obtain the subscriber's
acknowledgment of, the following disclosures:
(i) the subscriber's name, address, and the
telephone numbers of all telephone lines that will
be charged for the product or service of the
telecommunications carrier;
(ii) that the person speaking to the third
party verification agent is in fact the
subscriber;
(iii) that the subscriber wishes to purchase
the product or service of the telecommunications
carrier and is agreeing to do so;
(iv) that the subscriber understands that the
charges for the product or service of the
telecommunications carrier will appear on the
subscriber's telephone bill; and
(v) the name and customer service telephone
number of the telecommunications carrier.
(C) The telecommunications carrier shall retain,
electronically or otherwise, proof of the verification
of sales for a minimum of 24 months.
(2) Notification. Written notification shall be
provided as follows:
(A) the telecommunications carrier shall mail a
letter to the subscriber using first class mail,
postage prepaid, no later than 10 days after initiation
of the product or service;
(B) the letter shall be a separate document sent
for the sole purpose of describing the product or
service of the telecommunications carrier;
(C) the letter shall be printed with 10-point or
larger type and clearly and conspicuously disclose the
material terms and conditions of the offer of the
telecommunications carrier, as described in paragraph
(1) of subsection (c);
(D) the letter shall contain a toll-free telephone
number the subscriber can call to cancel the product or
service;
(E) the telecommunications carrier shall retain,
electronically or otherwise, proof of written
notification for a minimum of 24 months; and
(F) written notification can be provided via
electronic mail if consumers are given the disclosures
required by Section 101(c) of the Electronic
Signatures in Global and National Commerce Act.
(e) Unauthorized charges.
(1) Responsibilities of the billing telecommunications
carrier for unauthorized charges. If a subscriber's
telephone bill is charged for any product or service
without proper subscriber authorization and verification
or notification of authorization in compliance with this
Section, the telecommunications carrier that billed the
subscriber, on its knowledge or notification of any
unauthorized charge, shall promptly, but not later than 45
days after the date of the knowledge or notification of an
unauthorized charge:
(A) notify the product or service provider to
immediately cease charging the subscriber for the
unauthorized product or service;
(B) remove the unauthorized charge from the
subscriber's bill; and
(C) refund or credit to the subscriber all money
that the subscriber has paid for any unauthorized
charge.
(f) The Commission shall promulgate any rules necessary to
ensure that subscribers are not billed on the telephone bill
for products or services in a manner not in compliance with
this Section. The rules promulgated under this Section shall
comport with the rules, if any, promulgated by the Attorney
General pursuant to the Consumer Fraud and Deceptive Business
Practices Act and with any rules promulgated by the Federal
Communications Commission or Federal Trade Commission.
(g) Complaints may be filed with the Commission under this
Section by a subscriber who has been billed on the telephone
bill for products or services not in compliance with this
Section or by the Commission on its own motion. Upon filing of
the complaint, the parties may mutually agree to submit the
complaint to the Commission's established mediation process.
Remedies in the mediation process may include, but shall not be
limited to, the remedies set forth in paragraphs (1) through
(4) of this subsection. In its discretion, the Commission may
deny the availability of the mediation process and submit the
complaint to hearings. If the complaint is not submitted to
mediation or if no agreement is reached during the mediation
process, hearings shall be held on the complaint pursuant to
Article X of this Act. If after notice and hearing, the
Commission finds that a telecommunications carrier has
violated this Section or a rule promulgated under this Section,
the Commission may in its discretion order any one or more of
the following:
(1) Require the violating telecommunications carrier
to pay a fine of up to $1,000 into the Public Utility Fund
for each repeated and intentional violation of this
Section.
(2) Require the violating carrier to refund or cancel
all charges for products or services not billed in
compliance with this Section.
(3) Issue a cease and desist order.
(4) For a pattern of violation of this Section or for
intentionally violating a cease and desist order, revoke
the violating telecommunications carrier's certificate of
service authority.
(Source: P.A. 98-756, eff. 7-16-14.)
(220 ILCS 5/13-904 new)
Sec. 13-904. Continuation of Article; validation.
(a) The General Assembly finds and declares that this
amendatory Act of the 100th General Assembly manifests the
intention of the General Assembly to extend the repeal of this
Article and have this Article continue in effect until December
31, 2020.
(b) This Article shall be deemed to have been in continuous
effect since July 1, 2017 and it shall continue to be in effect
henceforward until it is otherwise lawfully repealed. All
previously enacted amendments to this Article taking effect on
or after July 1, 2017, are hereby validated. All actions taken
in reliance on or under this Article by the Illinois Commerce
Commission or any other person or entity are hereby validated.
(c) In order to ensure the continuing effectiveness of this
Article, it is set forth in full and reenacted by this
amendatory Act of the 100th General Assembly. Striking and
underscoring are used only to show changes being made to the
base text. This reenactment is intended as a continuation of
this Article. It is not intended to supersede any amendment to
this Article that is enacted by the 100th General Assembly.
(220 ILCS 5/13-1200)
Sec. 13-1200. Repealer. This Article is repealed December
31, 2020 July 1, 2017.
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
(220 ILCS 5/Art. XXI heading)
ARTICLE XXI. CABLE AND VIDEO COMPETITION
(Source: P.A. 95-9, eff. 6-30-07.)
(220 ILCS 5/21-100)
Sec. 21-100. Short title. This Article may be cited as the
Cable and Video Competition Law of 2007.
(Source: P.A. 95-9, eff. 6-30-07.)
(220 ILCS 5/21-101)
Sec. 21-101. Findings. With respect to cable and video
competition, the General Assembly finds that:
(a) The economy in the State of Illinois will be
enhanced by investment in new communications, cable
services, and video services infrastructure, including
broadband facilities, fiber optic, and Internet protocol
technologies.
(b) Cable services and video services bring important
daily benefits to Illinois consumers by providing news,
education, and entertainment.
(c) Competitive cable service and video service
providers are capable of providing new video programming
services and competition to Illinois consumers and of
decreasing the prices for video programming services paid
by Illinois consumers.
(d) Although there has been some competitive entry into
the facilities-based video programming market since
current franchising requirements in this State were
enacted, further entry by facilities-based providers could
benefit consumers, provided cable and video services are
equitably available to all Illinois consumers at
reasonable prices.
(e) The provision of competitive cable services and
video services is a matter of statewide concern that
extends beyond the boundaries of individual local units of
government. Notwithstanding the foregoing, public
rights-of-way are limited resources over which the
municipality has a custodial duty to ensure that they are
used, repaired, and maintained in a manner that best serves
the public interest.
(f) The State authorization process and uniform
standards and procedures in this Article are intended to
enable rapid and widespread entry by competitive
providers, which will bring to Illinois consumers the
benefits of video competition, including providing
consumers with more choice, lower prices, higher speed and
more advanced Internet access, more diverse and varied
news, public information, education, and entertainment
programming, and will bring to this State and its local
units of government the benefits of new infrastructure
investment, job growth, and innovation in broadband and
Internet protocol technologies and deployment.
(g) Providing an incumbent cable or video service
provider with the option to secure a State-issued
authorization through the termination of existing cable
franchises between incumbent cable and video service
providers and any local franchising authority is part of
the new regulatory framework established by this Article.
This Article is intended to best ensure equal treatment and
parity among providers and technologies.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-101.1)
Sec. 21-101.1. Applicability. The provisions of Public Act
95-9 shall apply only to a holder of a cable service or video
service authorization issued by the Commission pursuant to this
Article, and shall not apply to any person or entity that
provides cable television services under a cable television
franchise issued by any municipality or county pursuant to
Section 11-42-11 of the Illinois Municipal Code (65 ILCS
5/11-42-11) or Section 5-1095 of the Counties Code (55 ILCS
5/5-1095), unless specifically provided for herein. A local
unit of government that has an existing agreement for the
provision of video services with a company or entity that uses
its telecommunications facilities to provide video service as
of May 30, 2007 may continue to operate under that agreement or
may, at its discretion, terminate the existing agreement and
require the video provider to obtain a State-issued
authorization under this Article.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-201)
Sec. 21-201. Definitions. As used in this Article:
(a) "Access" means that the cable or video provider is
capable of providing cable services or video services at the
household address using any technology, other than
direct-to-home satellite service, that provides 2-way
broadband Internet capability and video programming, content,
and functionality, regardless of whether any customer has
ordered service or whether the owner or landlord or other
responsible person has granted access to the household. If more
than one technology is used, the technologies shall provide
similar 2-way broadband Internet accessibility and similar
video programming.
(b) "Basic cable or video service" means any cable or video
service offering or tier that includes the retransmission of
local television broadcast signals.
(c) "Broadband service" means a high speed service
connection to the public Internet capable of supporting, in at
least one direction, a speed in excess of 200 kilobits per
second (kbps) to the network demarcation point at the
subscriber's premises.
(d) "Cable operator" means that term as defined in item (5)
of 47 U.S.C. 522.
(e) "Cable service" means that term as defined in item (6)
of 47 U.S.C. 522.
(f) "Cable system" means that term as defined in item (7)
of 47 U.S.C. 522.
(g) "Commission" means the Illinois Commerce Commission.
(h) "Competitive cable service or video service provider"
means a person or entity that is providing or seeks to provide
cable service or video service in an area where there is at
least one incumbent cable operator.
(i) "Designated market area" means a designated market
area, as determined by Nielsen Media Research and published in
the 1999-2000 Nielsen Station Index Directory and Nielsen
Station Index United States Television Household Estimates or
any successor publication. For any designated market area that
crosses State lines, only households in the portion of the
designated market area that is located within the holder's
telecommunications service area in the State where access to
video service will be offered shall be considered.
(j) "Footprint" means the geographic area designated by the
cable service or video service provider as the geographic area
in which it will offer cable services or video services during
the period of its State-issued authorization. Each footprint
shall be identified in terms of either (i) exchanges, as that
term is defined in Section 13-206 of this Act; (ii) a
collection of United States Census Bureau Block numbers (13
digit); (iii) if the area is smaller than the areas identified
in either (i) or (ii), by geographic information system digital
boundaries meeting or exceeding national map accuracy
standards; or (iv) local units of government.
(k) "Holder" means a person or entity that has received
authorization to offer or provide cable or video service from
the Commission pursuant to Section 21-401 of this Article.
(l) "Household" means a house, an apartment, a mobile home,
a group of rooms, or a single room that is intended for
occupancy as separate living quarters. Separate living
quarters are those in which the occupants live and eat
separately from any other persons in the building and that have
direct access from the outside of the building or through a
common hall. This definition is consistent with the United
States Census Bureau, as that definition may be amended
thereafter.
(m) "Incumbent cable operator" means a person or entity
that provided cable services or video services in a particular
area under a franchise agreement with a local unit of
government pursuant to Section 11-42-11 of the Illinois
Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the
Counties Code (55 ILCS 5/5-1095) on January 1, 2007.
(n) "Local franchising authority" means the local unit of
government that has or requires a franchise with a cable
operator, a provider of cable services, or a provider of video
services to construct or operate a cable or video system or to
offer cable services or video services under Section 11-42-11
of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section
5-1095 of the Counties Code (55 ILCS 5/5-1095).
(o) "Local unit of government" means a city, village,
incorporated town, or county.
(p) "Low-income household" means those residential
households located within the holder's existing telephone
service area where the average annual household income is less
than $35,000, based on the United States Census Bureau
estimates adjusted annually to reflect rates of change and
distribution.
(q) "Public rights-of-way" means the areas on, below, or
above a public roadway, highway, street, public sidewalk,
alley, waterway, or utility easements dedicated for compatible
uses.
(r) "Service" means the provision of cable service or video
service to subscribers and the interaction of subscribers with
the person or entity that has received authorization to offer
or provide cable or video service from the Commission pursuant
to Section 21-401 of this Act.
(s) "Service provider fee" means the amount paid under
Section 21-801 of this Act by the holder to a municipality, or
in the case of an unincorporated service area to a county, for
service areas within its territorial jurisdiction, but under no
circumstances shall the service provider fee be paid to more
than one local unit of government for the same portion of the
holder's service area.
(t) "Telecommunications service area" means the area
designated by the Commission as the area in which a
telecommunications company was obligated to provide
non-competitive local telephone service as of February 8, 1996
as incorporated into Section 13-202.5 of this Act.
(u) "Video programming" means that term as defined in item
(20) of 47 U.S.C. 522.
(v) "Video service" means video programming and subscriber
interaction, if any, that is required for the selection or use
of such video programming services, and that is provided
through wireline facilities located at least in part in the
public rights-of-way without regard to delivery technology,
including Internet protocol technology. This definition does
not include any video programming provided by a commercial
mobile service provider defined in subsection (d) of 47 U.S.C.
332 or any video programming provided solely as part of, and
via, service that enables users to access content, information,
electronic mail, or other services offered over the public
Internet.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-301)
Sec. 21-301. Eligibility.
(a) A person or entity seeking to provide cable service or
video service in this State after June 30, 2007 (the effective
date of Public Act 95-9) shall either (1) obtain a State-issued
authorization pursuant to Section 21-401 of the Public
Utilities Act (220 ILCS 5/21-401); (2) obtain authorization
pursuant to Section 11-42-11 of the Illinois Municipal Code (65
ILCS 5/11-42-11); or (3) obtain authorization pursuant to
Section 5-1095 of the Counties Code (55 ILCS 5/5-1095).
(b) An incumbent cable operator shall be eligible to apply
for a State-issued authorization as provided in subsection (c)
of this Section. Upon expiration of its current franchise
agreement, an incumbent cable operator may obtain State
authorization from the Commission pursuant to this Article or
may pursue a franchise renewal with the appropriate local
franchise authority under State and federal law. An incumbent
cable operator and any successor-in-interest that receives a
State-issued authorization shall be obligated to provide
access to cable services or video services within any local
unit of government at the same levels required by the local
franchising authorities for the local unit of government on
June 30, 2007 (the effective date of Public Act 95-9).
(c)(1) An incumbent cable operator may elect to terminate
its agreement with the local franchising authority and obtain a
State-issued authorization by providing written notice to the
Commission and the affected local franchising authority and any
entity authorized by that franchising authority to manage
public, education, and government access at least 180 days
prior to its filing an application for a State-issued
authorization. The existing agreement shall be terminated on
the date that the Commission issues the State-issued
authorization.
(2) An incumbent cable operator that elects to
terminate an existing agreement with a local franchising
authority under this Section is responsible for remitting
to the affected local franchising authority and any entity
designated by that local franchising authority to manage
public, education, and government access before the 46th
day after the date the agreement is terminated any accrued
but unpaid fees due under the terminated agreement. If that
incumbent cable operator has credit remaining from prepaid
franchise fees, such amount of the remaining credit may be
deducted from any future fees the incumbent cable operator
must pay to the local franchising authority pursuant to
subsection (b) of Section 21-801 of this Act.
(3) An incumbent cable operator that elects to
terminate an existing agreement with a local franchising
authority under this Section shall pay the affected local
franchising authority and any entity designated by that
franchising authority to manage public, education, and
government access, at the time that they would have been
due, all monetary payments for public, education, or
government access that would have been due during the
remaining term of the agreement had it not been terminated
as provided in this paragraph. All payments made by an
incumbent cable operator pursuant to the previous sentence
of this paragraph may be credited against the fees that
that operator owes under item (1) of subsection (d) of
Section 21-801 of this Act.
(d) For purposes of this Article, the Commission shall be
the franchising authority for cable service or video service
providers that apply for and obtain a State-issued
authorization under this Article with regard to the footprint
covered by such authorization. Notwithstanding any other
provision of this Article, holders using telecommunications
facilities to provide cable service or video service are not
obligated to provide that service outside the holder's
telecommunications service area.
(e) Any person or entity that applies for and obtains a
State-issued authorization under this Article shall not be
subject to Section 11-42-11 of the Illinois Municipal Code (65
ILCS 5/11-42-11) or Section 5-1095 of the Counties Code (55
ILCS 5/5-1095), except as provided in this Article. Except as
provided under this Article, neither the Commission nor any
local unit of government may require a person or entity that
has applied for and obtained a State-issued authorization to
obtain a separate franchise or pay any franchise fee on cable
service or video service.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-401)
Sec. 21-401. Applications.
(a)(1) A person or entity seeking to provide cable service
or video service pursuant to this Article shall not use the
public rights-of-way for the installation or construction of
facilities for the provision of cable service or video service
or offer cable service or video service until it has obtained a
State-issued authorization to offer or provide cable or video
service under this Section, except as provided for in item (2)
of this subsection (a). All cable or video providers offering
or providing service in this State shall have authorization
pursuant to either (i) the Cable and Video Competition Law of
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
5-1095 of the Counties Code (55 ILCS 5/5-1095).
(2) Nothing in this Section shall prohibit a local unit of
government from granting a permit to a person or entity for the
use of the public rights-of-way to install or construct
facilities to provide cable service or video service, at its
sole discretion. No unit of local government shall be liable
for denial or delay of a permit prior to the issuance of a
State-issued authorization.
(b) The application to the Commission for State-issued
authorization shall contain a completed affidavit submitted by
the applicant and signed by an officer or general partner of
the applicant affirming all of the following:
(1) That the applicant has filed or will timely file
with the Federal Communications Commission all forms
required by that agency in advance of offering cable
service or video service in this State.
(2) That the applicant agrees to comply with all
applicable federal and State statutes and regulations.
(3) That the applicant agrees to comply with all
applicable local unit of government regulations.
(4) An exact description of the cable service or video
service area where the cable service or video service will
be offered during the term of the State-issued
authorization. The service area shall be identified in
terms of either (i) exchanges, as that term is defined in
Section 13-206 of this Act; (ii) a collection of United
States Census Bureau Block numbers (13 digit); (iii) if the
area is smaller than the areas identified in either (i) or
(ii), by geographic information system digital boundaries
meeting or exceeding national map accuracy standards; or
(iv) local unit of government. The description shall
include the number of low-income households within the
service area or footprint. If an applicant is an incumbent
cable operator, the incumbent cable operator and any
successor-in-interest shall be obligated to provide access
to cable services or video services within any local units
of government at the same levels required by the local
franchising authorities for the local unit of government on
June 30, 2007 (the effective date of Public Act 95-9), and
its application shall provide a description of an area no
smaller than the service areas contained in its franchise
or franchises within the jurisdiction of the local unit of
government in which it seeks to offer cable or video
service.
(5) The location and telephone number of the
applicant's principal place of business within this State
and the names of the applicant's principal executive
officers who are responsible for communications concerning
the application and the services to be offered pursuant to
the application, the applicant's legal name, and any name
or names under which the applicant does or will provide
cable services or video services in this State.
(6) A certification that the applicant has
concurrently delivered a copy of the application to all
local units of government that include all or any part of
the service area identified in item (4) of this subsection
(b) within such local unit of government's jurisdictional
boundaries.
(7) The expected date that cable service or video
service will be initially offered in the area identified in
item (4) of this subsection (b). In the event that a holder
does not offer cable services or video services within 3
months after the expected date, it shall amend its
application and update the expected date service will be
offered and explain the delay in offering cable services or
video services.
(8) For any entity that received State-issued
authorization prior to this amendatory Act of the 98th
General Assembly as a cable operator and that intends to
proceed as a cable operator under this Article, the entity
shall file a written affidavit with the Commission and
shall serve a copy of the affidavit with any local units of
government affected by the authorization within 30 days
after the effective date of this amendatory Act of the 98th
General Assembly stating that the holder will be providing
cable service under the State-issued authorization.
The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and
technical qualifications necessary to construct and operate
the proposed system, to promptly repair any damage to the
public right-of-way caused by the applicant, and to pay the
cost of removal of its facilities. To accomplish these
requirements, the applicant may, at the time the applicant
seeks to use the public rights-of-way in that jurisdiction, be
required by the State of Illinois or later be required by the
local unit of government, or both, to post a bond, produce a
certificate of insurance, or otherwise demonstrate its
financial responsibility.
The application shall include the applicant's general
standards related to customer service required by Section
22-501 of this Act, which shall include, but not be limited to,
installation, disconnection, service and repair obligations;
appointment hours; employee ID requirements; customer service
telephone numbers and hours; procedures for billing, charges,
deposits, refunds, and credits; procedures for termination of
service; notice of deletion of programming service and changes
related to transmission of programming or changes or increases
in rates; use and availability of parental control or lock-out
devices; complaint procedures and procedures for bill dispute
resolution and a description of the rights and remedies
available to consumers if the holder does not materially meet
their customer service standards; and special services for
customers with visual, hearing, or mobility disabilities.
(c)(1) The applicant may designate information that it
submits in its application or subsequent reports as
confidential or proprietary, provided that the applicant
states the reasons the confidential designation is necessary.
The Commission shall provide adequate protection for such
information pursuant to Section 4-404 of this Act. If the
Commission, a local unit of government, or any other party
seeks public disclosure of information designated as
confidential, the Commission shall consider the confidential
designation in a proceeding under the Illinois Administrative
Procedure Act, and the burden of proof to demonstrate that the
designated information is confidential shall be upon the
applicant. Designated information shall remain confidential
pending the Commission's determination of whether the
information is entitled to confidential treatment. Information
designated as confidential shall be provided to local units of
government for purposes of assessing compliance with this
Article as permitted under a Protective Order issued by the
Commission pursuant to the Commission's rules and to the
Attorney General pursuant to Section 6.5 of the Attorney
General Act (15 ILCS 205/6.5). Information designated as
confidential under this Section or determined to be
confidential upon Commission review shall only be disclosed
pursuant to a valid and enforceable subpoena or court order or
as required by the Freedom of Information Act. Nothing herein
shall delay the application approval timeframes set forth in
this Article.
(2) Information regarding the location of video services
that have been or are being offered to the public and aggregate
information included in the reports required by this Article
shall not be designated or treated as confidential.
(d)(1) The Commission shall post all applications it
receives under this Article on its web site within 5 business
days.
(2) The Commission shall notify an applicant for a cable
service or video service authorization whether the applicant's
application and affidavit are complete on or before the 15th
business day after the applicant submits the application. If
the application and affidavit are not complete, the Commission
shall state in its notice all of the reasons the application or
affidavit are incomplete, and the applicant shall resubmit a
complete application. The Commission shall have 30 days after
submission by the applicant of a complete application and
affidavit to issue the service authorization. If the Commission
does not notify the applicant regarding the completeness of the
application and affidavit or issue the service authorization
within the time periods required under this subsection, the
application and affidavit shall be considered complete and the
service authorization issued upon the expiration of the 30th
day.
(e) Any authorization issued by the Commission will expire
on December 31, 2023 2020 and shall contain or include all of
the following:
(1) A grant of authority, including an authorization
issued prior to this amendatory Act of the 98th General
Assembly, to provide cable service or video service in the
service area footprint as requested in the application,
subject to the provisions of this Article in existence on
the date the grant of authority was issued, and any
modifications to this Article enacted at any time prior to
the date in Section 21-1601 of this Act, and to the laws of
the State and the ordinances, rules, and regulations of the
local units of government.
(2) A grant of authority to use, occupy, and construct
facilities in the public rights-of-way for the delivery of
cable service or video service in the service area
footprint, subject to the laws, ordinances, rules, or
regulations of this State and local units of governments.
(3) A statement that the grant of authority is subject
to lawful operation of the cable service or video service
by the applicant, its affiliated entities, or its
successors-in-interest.
(e-5) The Commission shall notify a local unit of
government within 3 business days of the grant of any
authorization within a service area footprint if that
authorization includes any part of the local unit of
government's jurisdictional boundaries and state whether the
holder will be providing video service or cable service under
the authorization.
(f) The authorization issued pursuant to this Section by
the Commission may be transferred to any successor-in-interest
to the applicant to which it is initially granted without
further Commission action if the successor-in-interest (i)
submits an application and the information required by
subsection (b) of this Section for the successor-in-interest
and (ii) is not in violation of this Article or of any federal,
State, or local law, ordinance, rule, or regulation. A
successor-in-interest shall file its application and notice of
transfer with the Commission and the relevant local units of
government no less than 15 business days prior to the
completion of the transfer. The Commission is not required or
authorized to act upon the notice of transfer; however, the
transfer is not effective until the Commission approves the
successor-in-interest's application. A local unit of
government or the Attorney General may seek to bar a transfer
of ownership by filing suit in a court of competent
jurisdiction predicated on the existence of a material and
continuing breach of this Article by the holder, a pattern of
noncompliance with customer service standards by the potential
successor-in-interest, or the insolvency of the potential
successor-in-interest. If a transfer is made when there are
violations of this Article or of any federal, State, or local
law, ordinance, rule, or regulation, the successor-in-interest
shall be subject to 3 times the penalties provided for in this
Article.
(g) The authorization issued pursuant to this Section by
the Commission may be terminated, or its cable service or video
service area footprint may be modified, by the cable service
provider or video service provider by submitting notice to the
Commission and to the relevant local unit of government
containing a description of the change on the same terms as the
initial description pursuant to item (4) of subsection (b) of
this Section. The Commission is not required or authorized to
act upon that notice. It shall be a violation of this Article
for a holder to discriminate against potential residential
subscribers because of the race or income of the residents in
the local area in which the group resides by terminating or
modifying its cable service or video service area footprint. It
shall be a violation of this Article for a holder to terminate
or modify its cable service or video service area footprint if
it leaves an area with no cable service or video service from
any provider.
(h) The Commission's authority to administer this Article
is limited to the powers and duties explicitly provided under
this Article. Its authority under this Article does not include
or limit the powers and duties that the Commission has under
the other Articles of this Act, the Illinois Administrative
Procedure Act, or any other law or regulation to conduct
proceedings, other than as provided in subsection (c), or has
to promulgate rules or regulations. The Commission shall not
have the authority to limit or expand the obligations and
requirements provided in this Section or to regulate or control
a person or entity to the extent that person or entity is
providing cable service or video service, except as provided in
this Article.
(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6,
eff. 6-29-15.)
(220 ILCS 5/21-601)
Sec. 21-601. Public, education, and government access. For
the purposes of this Section, "programming" means content
produced or provided by any person, group, governmental agency,
or noncommercial public or private agency or organization.
(a) Not later than 90 days after a request by the local
unit of government or its designee that has received notice
under subsection (a) of Section 21-801 of this Act, the holder
shall (i) designate the same amount of capacity on its network
to provide for public, education, and government access use as
the incumbent cable operator is required to designate under its
franchise terms in effect with a local unit of government on
January 1, 2007 and (ii) retransmit to its subscribers the same
number of public, education, and government access channels as
the incumbent cable operator was retransmitting to subscribers
on January 1, 2007.
(b) If the local unit of government produces or maintains
the public education or government programming in a manner or
form that is compatible with the holder's network, it shall
transmit such programming to the holder in that form provided
that form permits the holder to satisfy the requirements of
subsection (c) of this Section. If the local unit of government
does not produce or maintain such programming in that manner or
form, then the holder shall be responsible for any changes in
the form of the transmission necessary to make public,
education, and government programming compatible with the
technology or protocol used by the holder to deliver services.
The holder shall receive programming from the local unit of
government (or the local unit of government's public,
education, and government programming providers) and transmit
that public, education, and government programming directly to
the holder's subscribers within the local unit of government's
jurisdiction at no cost to the local unit of government or the
public, education, and government programming providers. If
the holder is required to change the form of the transmission,
the local unit of government or its designee shall provide
reasonable access to the holder to allow the holder to transmit
the public, education, and government programming in an
economical manner subject to the requirements of subsection (c)
of this Section.
(c) The holder shall provide to subscribers public,
education, and government access channel capacity at
equivalent visual and audio quality and equivalent
functionality, from the viewing perspective of the subscriber,
to that of commercial channels carried on the holder's basic
cable or video service offerings or tiers without the need for
any equipment other than the equipment necessary to receive the
holder's basic cable or video service offerings or tiers.
(d) The holder and an incumbent cable operator shall
negotiate in good faith to interconnect their networks, if
needed, for the purpose of providing public, education, and
government programming. Interconnection may be accomplished by
direct cable, microwave link, satellite, or other reasonable
method of connection. The holder and the incumbent cable
operator shall provide interconnection of the public,
education, and government channels on reasonable terms and
conditions and may not withhold the interconnection. If a
holder and an incumbent cable operator cannot reach a mutually
acceptable interconnection agreement, the local unit of
government may require the incumbent cable operator to allow
the holder to interconnect its network with the incumbent cable
operator's network at a technically feasible point on their
networks. If no technically feasible point for interconnection
is available, the holder and an incumbent cable operator shall
each make an interconnection available to the public,
education, and government channel originators at their local
origination points and shall provide the facilities necessary
for the interconnection. The cost of any interconnection shall
be borne by the holder unless otherwise agreed to by the
parties. The interconnection required by this subsection shall
be completed within the 90-day deadline set forth in subsection
(a) of this Section.
(e) The public, education, and government channels shall be
for the exclusive use of the local unit of government or its
designee to provide public, education, and government
programming. The public, education, and government channels
shall be used only for noncommercial purposes. However,
advertising, underwriting, or sponsorship recognition may be
carried on the channels for the purpose of funding public,
education, and government access related activities.
(f) Public, education, and government channels shall all be
carried on the holder's basic cable or video service offerings
or tiers. To the extent feasible, the public, education, and
government channels shall not be separated numerically from
other channels carried on the holder's basic cable or video
service offerings or tiers, and the channel numbers for the
public, education, and government channels shall be the same
channel numbers used by the incumbent cable operator, unless
prohibited by federal law. After the initial designation of
public, education, and government channel numbers, the channel
numbers shall not be changed without the agreement of the local
unit of government or the entity to which the local unit of
government has assigned responsibility for managing public,
education, and government access channels, unless the change is
required by federal law. Each channel shall be capable of
carrying a National Television System Committee (NTSC)
television signal.
(g) The holder shall provide a listing of public,
education, and government channels on channel cards and menus
provided to subscribers in a manner equivalent to other
channels if the holder uses such cards and menus. Further, the
holder shall provide a listing of public, education, and
government programming on its electronic program guide if such
a guide is utilized by the holder. It is the public, education,
and government entity's responsibility to provide the holder or
its designated agent, as determined by the holder, with program
schedules and information in a timely manner.
(h) If less than 3 public, education, and government
channels are provided within the local unit of government as of
January 1, 2007, a local unit of government whose jurisdiction
lies within the authorized service area of the holder may
initially request the holder to designate sufficient capacity
for up to 3 public, education, and government channels. A local
unit of government or its designee that seeks to add additional
capacity shall give the holder a written notification
specifying the number of additional channels to be used,
specifying the number of channels in actual use, and verifying
that the additional channels requested will be put into actual
use.
(i) The holder shall, within 90 days of a request by the
local unit of government or its designated public, education,
or government access entity, provide sufficient capacity for an
additional channel for public, education, and government
access when the programming on a given access channel exceeds
40 hours per week as measured on a quarterly basis. The
additional channel shall not be used for any purpose other than
for carrying additional public, education, or government
access programming.
(j) The public, education, and government access
programmer is solely responsible for the content that it
provides over designated public, education, or government
channels. A holder shall not exercise any editorial control
over any programming on any channel designed for public,
education, or government use or on any other channel required
by law or a binding agreement with the local unit of
government.
(k) A holder shall not be subject to any civil or criminal
liability for any program carried on any channel designated for
public, education, or government use.
(l) A court of competent jurisdiction shall have exclusive
jurisdiction to enforce any requirement under this Section or
resolve any dispute regarding the requirements set forth in
this Section, and no provider of cable service or video service
may be barred from providing service or be required to
terminate service as a result of that dispute or enforcement
action.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-701)
Sec. 21-701. Emergency alert system. The holder shall
comply with all applicable requirements of the Federal
Communications Commission involving the distribution and
notification of federal, State, and local emergency messages
over the emergency alert system applicable to cable operators.
The holder will provide a requesting local unit of government
with sufficient information regarding how to submit, via
telephone or web listing, a local emergency alert for
distribution over its cable or video network. To the extent
that a local unit of government requires incumbent cable
operators to provide emergency alert system messages or
services in excess of the requirements of this Section, the
holder shall comply with any such additional requirements
within the jurisdiction of the local franchising authority. The
holder may provide a local emergency alert to an area larger
than the boundaries of the local unit of government issuing the
emergency alert.
(Source: P.A. 95-9, eff. 6-30-07.)
(220 ILCS 5/21-801)
Sec. 21-801. Applicable fees payable to the local unit of
government.
(a) Prior to offering cable service or video service in a
local unit of government's jurisdiction, a holder shall notify
the local unit of government. The notice shall be given to the
local unit of government at least 10 days before the holder
begins to offer cable service or video service within the
boundaries of that local unit of government.
(b) In any local unit of government in which a holder
offers cable service or video service on a commercial basis,
the holder shall be liable for and pay the service provider fee
to the local unit of government. The local unit of government
shall adopt an ordinance imposing such a fee. The holder's
liability for the fee shall commence on the first day of the
calendar month that is at least 30 days after the holder
receives such ordinance. For any such ordinance adopted on or
after the effective date of this amendatory Act of the 99th
General Assembly, the holder's liability shall commence on the
first day of the calendar month that is at least 30 days after
the adoption of such ordinance. The ordinance shall be sent by
mail, postage prepaid, to the address listed on the holder's
application provided to the local unit of government pursuant
to item (6) of subsection (b) of Section 21-401 of this Act.
The fee authorized by this Section shall be 5% of gross
revenues or the same as the fee paid to the local unit of
government by any incumbent cable operator providing cable
service. The payment of the service provider fee shall be due
on a quarterly basis, 45 days after the close of the calendar
quarter. If mailed, the fee is considered paid on the date it
is postmarked. Except as provided in this Article, the local
unit of government may not demand any additional fees or
charges from the holder and may not demand the use of any other
calculation method other than allowed under this Article.
(c) For purposes of this Article, "gross revenues" means
all consideration of any kind or nature, including, without
limitation, cash, credits, property, and in-kind contributions
received by the holder for the operation of a cable or video
system to provide cable service or video service within the
holder's cable service or video service area within the local
unit of government's jurisdiction.
(1) Gross revenues shall include the following:
(i) Recurring charges for cable service or video
service.
(ii) Event-based charges for cable service or
video service, including, but not limited to,
pay-per-view and video-on-demand charges.
(iii) Rental of set-top boxes and other cable
service or video service equipment.
(iv) Service charges related to the provision of
cable service or video service, including, but not
limited to, activation, installation, and repair
charges.
(v) Administrative charges related to the
provision of cable service or video service, including
but not limited to service order and service
termination charges.
(vi) Late payment fees or charges, insufficient
funds check charges, and other charges assessed to
recover the costs of collecting delinquent payments.
(vii) A pro rata portion of all revenue derived by
the holder or its affiliates pursuant to compensation
arrangements for advertising or for promotion or
exhibition of any products or services derived from the
operation of the holder's network to provide cable
service or video service within the local unit of
government's jurisdiction. The allocation shall be
based on the number of subscribers in the local unit of
government divided by the total number of subscribers
in relation to the relevant regional or national
compensation arrangement.
(viii) Compensation received by the holder that is
derived from the operation of the holder's network to
provide cable service or video service with respect to
commissions that are received by the holder as
compensation for promotion or exhibition of any
products or services on the holder's network, such as a
"home shopping" or similar channel, subject to item
(ix) of this paragraph (1).
(ix) In the case of a cable service or video
service that is bundled or integrated functionally
with other services, capabilities, or applications,
the portion of the holder's revenue attributable to the
other services, capabilities, or applications shall be
included in gross revenue unless the holder can
reasonably identify the division or exclusion of the
revenue from its books and records that are kept in the
regular course of business.
(x) The service provider fee permitted by
subsection (b) of this Section.
(2) Gross revenues do not include any of the following:
(i) Revenues not actually received, even if
billed, such as bad debt, subject to item (vi) of
paragraph (1) of this subsection (c).
(ii) Refunds, discounts, or other price
adjustments that reduce the amount of gross revenues
received by the holder of the State-issued
authorization to the extent the refund, rebate,
credit, or discount is attributable to cable service or
video service.
(iii) Regardless of whether the services are
bundled, packaged, or functionally integrated with
cable service or video service, any revenues received
from services not classified as cable service or video
service, including, without limitation, revenue
received from telecommunications services, information
services, or the provision of directory or Internet
advertising, including yellow pages, white pages,
banner advertisement, and electronic publishing, or
any other revenues attributed by the holder to noncable
service or nonvideo service in accordance with the
holder's books and records and records kept in the
regular course of business and any applicable laws,
rules, regulations, standards, or orders.
(iv) The sale of cable services or video services
for resale in which the purchaser is required to
collect the service provider fee from the purchaser's
subscribers to the extent the purchaser certifies in
writing that it will resell the service within the
local unit of government's jurisdiction and pay the fee
permitted by subsection (b) of this Section with
respect to the service.
(v) Any tax or fee of general applicability imposed
upon the subscribers or the transaction by a city,
State, federal, or any other governmental entity and
collected by the holder of the State-issued
authorization and required to be remitted to the taxing
entity, including sales and use taxes.
(vi) Security deposits collected from subscribers.
(vii) Amounts paid by subscribers to "home
shopping" or similar vendors for merchandise sold
through any home shopping channel offered as part of
the cable service or video service.
(3) Revenue of an affiliate of a holder shall be
included in the calculation of gross revenues to the extent
the treatment of the revenue as revenue of the affiliate
rather than the holder has the effect of evading the
payment of the fee permitted by subsection (b) of this
Section which would otherwise be paid by the cable service
or video service.
(d)(1) Except for a holder providing cable service that is
subject to the fee in subsection (i) of this Section, the
holder shall pay to the local unit of government or the entity
designated by that local unit of government to manage public,
education, and government access, upon request as support for
public, education, and government access, a fee equal to no
less than (i) 1% of gross revenues or (ii) if greater, the
percentage of gross revenues that incumbent cable operators pay
to the local unit of government or its designee for public,
education, and government access support in the local unit of
government's jurisdiction. For purposes of item (ii) of
paragraph (1) of this subsection (d), the percentage of gross
revenues that all incumbent cable operators pay shall be equal
to the annual sum of the payments that incumbent cable
operators in the service area are obligated to pay by
franchises and agreements or by contracts with the local
government designee for public, education and government
access in effect on January 1, 2007, including the total of any
lump sum payments required to be made over the term of each
franchise or agreement divided by the number of years of the
applicable term, divided by the annual sum of such incumbent
cable operator's or operators' gross revenues during the
immediately prior calendar year. The sum of payments includes
any payments that an incumbent cable operator is required to
pay pursuant to item (3) of subsection (c) of Section 21-301.
(2) A local unit of government may require all holders of a
State-issued authorization and all cable operators franchised
by that local unit of government on June 30, 2007 (the
effective date of this Section) in the franchise area to
provide to the local unit of government, or to the entity
designated by that local unit of government to manage public,
education, and government access, information sufficient to
calculate the public, education, and government access
equivalent fee and any credits under paragraph (1) of this
subsection (d).
(3) The fee shall be due on a quarterly basis and paid 45
days after the close of the calendar quarter. Each payment
shall include a statement explaining the basis for the
calculation of the fee. If mailed, the fee is considered paid
on the date it is postmarked. The liability of the holder for
payment of the fee under this subsection shall commence on the
same date as the payment of the service provider fee pursuant
to subsection (b) of this Section.
(e) The holder may identify and collect the amount of the
service provider fee as a separate line item on the regular
bill of each subscriber.
(f) The holder may identify and collect the amount of the
public, education, and government programming support fee as a
separate line item on the regular bill of each subscriber.
(g) All determinations and computations under this Section
shall be made pursuant to the definition of gross revenues set
forth in this Section and shall be made pursuant to generally
accepted accounting principles.
(h) Nothing contained in this Article shall be construed to
exempt a holder from any tax that is or may later be imposed by
the local unit of government, including any tax that is or may
later be required to be paid by or through the holder with
respect to cable service or video service. A State-issued
authorization shall not affect any requirement of the holder
with respect to payment of the local unit of government's
simplified municipal telecommunications tax or any other tax as
it applies to any telephone service provided by the holder. A
State-issued authorization shall not affect any requirement of
the holder with respect to payment of the local unit of
government's 911 or E911 fees, taxes, or charges.
(i) Except for a municipality having a population of
2,000,000 or more, the fee imposed under paragraph (1) of
subsection (d) by a local unit of government against a holder
who is a cable operator shall be as follows:
(1) the fee shall be collected and paid only for
capital costs that are considered lawful under Subchapter
VI of the federal Communications Act of 1934, as amended,
and as implemented by the Federal Communications
Commission;
(2) the local unit of government shall impose any fee
by ordinance; and
(3) the fee may not exceed 1% of gross revenue; if,
however, on the date that an incumbent cable operator files
an application under Section 21-401, the incumbent cable
operator is operating under a franchise agreement that
imposes a fee for support for capital costs for public,
education, and government access facilities obligations in
excess of 1% of gross revenue, then the cable operator
shall continue to provide support for capital costs for
public, education, and government access facilities
obligations at the rate stated in such agreement.
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
(220 ILCS 5/21-901)
Sec. 21-901. Audits.
(a) A holder that has received State-issued authorization
under this Article is subject to an audit of its service
provider fees derived from the provision of cable or video
services to subscribers within any part of the local unit of
government which is located in the holder's service territory.
Any such audit shall be conducted by the local unit of
government or its agent for the sole purpose of determining any
overpayment or underpayment of the holder's service provider
fee to the local unit of government.
(b) Beginning on or after the effective date of this
amendatory Act of the 99th General Assembly, any audit
conducted pursuant to this Section by a local government shall
be governed by Section 11-42-11.05 of the Illinois Municipal
Code or Section 5-1095.1 of the Counties Code.
(Source: P.A. 99-6, eff. 6-29-15.)
(220 ILCS 5/21-1001)
Sec. 21-1001. Local unit of government authority.
(a) The holder of a State-issued authorization shall comply
with all the applicable construction and technical standards
and right-of-way occupancy standards set forth in a local unit
of government's code of ordinances relating to the use of
public rights-of-way, pole attachments, permit obligations,
indemnification, performance bonds, penalties, or liquidated
damages. The applicable requirements for a holder that is using
its existing telecommunications network or constructing a
telecommunications network shall be the same requirements that
the local unit of government imposes on telecommunications
providers in its jurisdiction. The applicable requirements for
a holder that is using or constructing a cable system shall be
the same requirements the local unit of government imposes on
other cable operators in its jurisdiction.
(b) A local unit of government shall allow the holder to
install, construct, operate, maintain, and remove a cable
service, video service, or telecommunications network within a
public right-of-way and shall provide the holder with open,
comparable, nondiscriminatory, and competitively neutral
access to the public right-of-way on the same terms applicable
to other cable service or video service providers or cable
operators in its jurisdiction. Notwithstanding any other
provisions of law, if a local unit of government is permitted
by law to require the holder of a State authorization to seek a
permit to install, construct, operate, maintain, or remove its
cable service, video service, or telecommunications network
within a public right-of-way, those permits shall be deemed
granted within 45 days after being submitted, if not otherwise
acted upon by the local unit of government, provided the holder
complies with the requirements applicable to the holder in its
jurisdiction.
(c) A local unit of government may impose reasonable terms,
but it may not discriminate against the holder with respect to
any of the following:
(1) The authorization or placement of a cable service,
video service, or telecommunications network or equipment
in public rights-of-way.
(2) Access to a building.
(3) A local unit of government utility pole attachment.
(d) If a local unit of government imposes a permit fee on
incumbent cable operators, it may impose a permit fee on the
holder only to the extent it imposes such a fee on incumbent
cable operators. In all other cases, these fees may not exceed
the actual, direct costs incurred by the local unit of
government for issuing the relevant permit. In no event may a
fee under this Section be levied if the holder already has paid
a permit fee of any kind in connection with the same activity
that would otherwise be covered by the permit fee under this
Section provided no additional equipment, work, function, or
other burden is added to the existing activity for which the
permit was issued.
(e) Nothing in this Article shall affect the rights that
any holder has under Section 4 of the Telephone Line Right of
Way Act (220 ILCS 65/4).
(f) In addition to the other requirements in this Section,
if the holder installs, upgrades, constructs, operates,
maintains, and removes facilities or equipment within a public
right-of-way to provide cable service or video service, it
shall comply with the following:
(1) The holder must locate its equipment in the
right-of-way as to cause only minimum interference with the
use of streets, alleys, and other public ways and places,
and to cause only minimum impact upon and interference with
the rights and reasonable convenience of property owners
who adjoin any of the said streets, alleys, or other public
ways. No fixtures shall be placed in any public ways in
such a manner to interfere with the usual travel on such
public ways, nor shall such fixtures or equipment limit the
visibility of vehicular or pedestrian traffic, or both.
(2) The holder shall comply with a local unit of
government's reasonable requests to place equipment on
public property where possible and promptly comply with
local unit of government direction with respect to the
location and screening of equipment and facilities. In
constructing or upgrading its cable or video network in the
right-of-way, the holder shall use the smallest suitable
equipment enclosures and power pedestals and cabinets then
in use by the holder for the application.
(3) The holder's construction practices shall be in
accordance with all applicable Sections of the
Occupational Safety and Health Act of 1970, as amended, as
well as all applicable State laws, including the Civil
Administrative Code of Illinois, and local codes, where
applicable, as adopted by the local unit of government. All
installation of electronic equipment shall be of a
permanent nature, durable, and, where applicable,
installed in accordance with the provisions of the National
Electrical Safety Code of the National Bureau of Standards
and National Electrical Code of the National Board of Fire
Underwriters.
(4) The holder shall not interfere with the local unit
of government's performance of public works. Nothing in the
State-issued authorization shall be in preference or
hindrance to the right of the local unit of government to
perform or carry on any public works or public improvements
of any kind. The holder expressly agrees that it shall, at
its own expense, protect, support, temporarily disconnect,
relocate in the same street or other public place, or
remove from such street or other public place any of the
network, system, facilities, or equipment when required to
do so by the local unit of government because of necessary
public health, safety, and welfare improvements. In the
event a holder and other users of a public right-of-way,
including incumbent cable operators or utilities, are
required to relocate and compensation is paid to the users
of such public right-of-way, such parties shall be treated
equally with respect to such compensation.
(5) The holder shall comply with all local units of
government inspection requirements. The making of
post-construction, subsequent or periodic inspections, or
both, or the failure to do so shall not operate to relieve
the holder of any responsibility, obligation, or
liability.
(6) The holder shall maintain insurance or provide
evidence of self insurance as required by an applicable
ordinance of the local unit of government.
(7) The holder shall reimburse all reasonable
make-ready expenses, including aerial and underground
installation expenses requested by the holder to the local
unit of government within 30 days of billing to the holder,
provided that such charges shall be at the same rates as
charges to others for the same or similar services.
(8) The holder shall indemnify and hold harmless the
local unit of government and all boards, officers,
employees, and representatives thereof from all claims,
demands, causes of action, liability, judgments, costs and
expenses, or losses for injury or death to persons or
damage to property owned by, and Worker's Compensation
claims against any parties indemnified herein, arising out
of, caused by, or as a result of the holder's construction,
lines, cable, erection, maintenance, use or presence of, or
removal of any poles, wires, conduit, appurtenances
thereto, or equipment or attachments thereto. The holder,
however, shall not indemnify the local unit of government
for any liabilities, damages, cost, and expense resulting
from the willful misconduct, or negligence of the local
unit of government, its officers, employees, and agents.
The obligations imposed pursuant to this Section by a local
unit of government shall be competitively neutral.
(9) The holder, upon request, shall provide the local
unit of government with information describing the
location of the cable service or video service facilities
and equipment located in the unit of local government's
rights-of-way pursuant to its State-issued authorization.
If designated by the holder as confidential, such
information provided pursuant to this subsection shall be
exempt from inspection and copying under the Freedom of
Information Act and shall not be disclosed by the unit of
local government to any third party without the written
consent of the holder.
(Source: P.A. 99-6, eff. 6-29-15.)
(220 ILCS 5/21-1101)
Sec. 21-1101. Requirements to provide video services.
(a) The holder of a State-issued authorization shall not
deny access to cable service or video service to any potential
residential subscribers because of the race or income of the
residents in the local area in which the potential subscribers
reside.
(b) (Blank).
(c)(1) If the holder of a State-issued authorization is
using telecommunications facilities to provide cable or video
service and has more than 1,000,000 telecommunications access
lines in this State, the holder shall provide access to its
cable or video service to a number of households equal to at
least 35% of the households in the holder's telecommunications
service area in the State within 3 years after the date a
holder receives a State-issued authorization from the
Commission and to a number not less than 50% of these
households within 5 years after the date a holder receives a
State-issued authorization from the Commission; provided that
the holder of a State-issued authorization is not required to
meet the 50% requirement in this paragraph (1) until 2 years
after at least 15% of the households with access to the
holder's video service subscribe to the service for 6
consecutive months.
The holder's obligation to provide such access in the State
shall be distributed, as the holder determines, within 3
designated market areas, one in each of the northeastern,
central, and southwestern portions of the holder's
telecommunications service area in the State. The designated
market area for the northeastern portion shall consist of 2
separate and distinct reporting areas: (i) a city with more
than 1,000,000 inhabitants, and (ii) all other local units of
government on a combined basis within such designated market
area in which it offers video service.
If any state, in which a holder subject to this subsection
(c) or one of its affiliates provides or seeks to provide cable
or video service, adopts a law permitting state-issued
authorization or statewide franchises to provide cable or video
service that requires a cable or video provider to offer
service to more than 35% of the households in the cable or
video provider's service area in that state within 3 years,
holders subject to this subsection (c) shall provide service in
this State to the same percentage of households within 3 years
of adoption of such law in that state.
Furthermore, if any state, in which a holder subject to
this subsection (c) or one of its affiliates provides or seeks
to provide cable or video service, adopts a law requiring a
holder of a state-issued authorization or statewide franchises
to offer cable or video service to more than 35% of its
households if less than 15% of the households with access to
the holder's video service subscribe to the service for 6
consecutive months, then as a precondition to further
build-out, holders subject to this subsection (c) shall be
subject to the same percentage of service subscription in
meeting its obligation to provide service to 50% of the
households in this State.
(2) Within 3 years after the date a holder receives a
State-issued authorization from the Commission, at least 30% of
the total households with access to the holder's cable or video
service shall be low-income.
Within each designated market area listed in paragraph (1)
of this subsection (c), the holder's obligation to offer
service to low-income households shall be measured by each
exchange, as that term is defined in Section 13-206 of this Act
in which the holder chooses to provide cable or video service.
The holder is under no obligation to serve or provide access to
an entire exchange; however, in addition to the statewide
obligation to provide low-income access provided by this
Section, in each exchange in which the holder chooses to
provide cable or video service, the holder shall provide access
to a percentage of low-income households that is at least equal
to the percentage of the total low-income households within
that exchange.
(d)(1) All other holders shall only provide access to one
or more exchanges, as that term is defined in Section 13-206 of
this Act, or to local units of government and shall provide
access to their cable or video service to a number of
households equal to 35% of the households in the exchange or
local unit of government within 3 years after the date a holder
receives a State-issued authorization from the Commission and
to a number not less than 50% of these households within 5
years after the date a holder receives a State-issued
authorization from the Commission, provided that if the holder
is an incumbent cable operator or any successor-in-interest
company, it shall be obligated to provide access to cable or
video services within the jurisdiction of a local unit of
government at the same levels required by the local franchising
authorities for that local unit of government on June 30, 2007
(the effective date of Public Act 95-9).
(2) Within 3 years after the date a holder receives a
State-issued authorization from the Commission, at least 30% of
the total households with access to the holder's cable or video
service shall be low-income.
Within each designated exchange, as that term is defined in
Section 13-206 of this Act, or local unit of government listed
in paragraph (1) of this subsection (d), the holder's
obligation to offer service to low-income households shall be
measured by each exchange or local unit of government in which
the holder chooses to provide cable or video service. Except as
provided in paragraph (1) of this subsection (d), the holder is
under no obligation to serve or provide access to an entire
exchange or local unit of government; however, in addition to
the statewide obligation to provide low-income access provided
by this Section, in each exchange or local unit of government
in which the holder chooses to provide cable or video service,
the holder shall provide access to a percentage of low-income
households that is at least equal to the percentage of the
total low-income households within that exchange or local unit
of government.
(e) A holder subject to subsection (c) of this Section
shall provide wireline broadband service, defined as wireline
service, capable of supporting, in at least one direction, a
speed in excess of 200 kilobits per second (kbps), to the
network demarcation point at the subscriber's premises, to a
number of households equal to 90% of the households in the
holder's telecommunications service area by December 31, 2008,
or shall pay within 30 days of December 31, 2008 a sum of
$15,000,000 to the Digital Divide Elimination Infrastructure
Fund established pursuant to Section 13-301.3 of this Act, or
any successor fund established by the General Assembly. In that
event the holder is required to make a payment pursuant to this
subsection (e), the holder shall have no further accounting for
this payment, which shall be used in any part of the State for
the purposes established in the Digital Divide Elimination
Infrastructure Fund or for broadband deployment.
(f) The holder of a State-issued authorization may satisfy
the requirements of subsections (c) and (d) of this Section
through the use of any technology, which shall not include
direct-to-home satellite service, that offers service,
functionality, and content that is demonstrably similar to that
provided through the holder's video service system.
(g) In any investigation into or complaint alleging that
the holder of a State-issued authorization has failed to meet
the requirements of this Section, the following factors may be
considered in justification or mitigation or as justification
for an extension of time to meet the requirements of
subsections (c) and (d) of this Section:
(1) The inability to obtain access to public and
private rights-of-way under reasonable terms and
conditions.
(2) Barriers to competition arising from existing
exclusive service arrangements in developments or
buildings.
(3) The inability to access developments or buildings
using reasonable technical solutions under commercially
reasonable terms and conditions.
(4) Natural disasters.
(5) Other factors beyond the control of the holder.
(h) If the holder relies on the factors identified in
subsection (g) of this Section in response to an investigation
or complaint, the holder shall demonstrate the following:
(1) what substantial effort the holder of a
State-issued authorization has taken to meet the
requirements of subsection (a) or (c) of this Section;
(2) which portions of subsection (g) of this Section
apply; and
(3) the number of days it has been delayed or the
requirements it cannot perform as a consequence of
subsection (g) of this Section.
(i) The factors in subsection (g) of this Section may be
considered by the Attorney General or by a court of competent
jurisdiction in determining whether the holder is in violation
of this Article.
(j) Every holder of a State-issued authorization, no later
than April 1, 2009, and annually no later than April 1
thereafter, shall report to the Commission for each of the
service areas as described in subsections (c) and (d) of this
Section in which it provides access to its video service in the
State, the following information:
(1) Cable service and video service information:
(A) The number of households in the holder's
telecommunications service area within each designated
market area as described in subsection (c) of this
Section or exchange or local unit of government as
described in subsection (d) of this Section in which it
offers video service.
(B) The number of households in the holder's
telecommunications service area within each designated
market area as described in subsection (c) of this
Section or exchange or local unit of government as
described in subsection (d) of this Section that are
offered access to video service by the holder.
(C) The number of households in the holder's
telecommunications service area in the State.
(D) The number of households in the holder's
telecommunications service area in the State that are
offered access to video service by the holder.
(2) Low-income household information:
(A) The number of low-income households in the
holder's telecommunications service area within each
designated market area as described in subsection (c)
of this Section, as further identified in terms of
exchanges, or exchange or local unit of government as
described in subsection (d) of this Section in which it
offers video service.
(B) The number of low-income households in the
holder's telecommunications service area within each
designated market area as described in subsection (c)
of this Section, as further identified in terms of
exchanges, or exchange or local unit of government as
described in subsection (d) of this Section in the
State that are offered access to video service by the
holder.
(C) The number of low-income households in the
holder's telecommunications service area in the State.
(D) The number of low-income households in the
holder's telecommunications service area in the State
that are offered access to video service by the holder.
(j-5) The requirements of subsection (c) of this Section
shall be satisfied upon the filing of an annual report with the
Commission in compliance with subsection (j) of this Section,
including an annual report filed prior to this amendatory Act
of the 98th General Assembly, that demonstrates the holder of
the authorization has satisfied the requirements of subsection
(c) of this Section for each of the service areas in which it
provides access to its cable service or video service in the
State. Notwithstanding the continued application of this
Article to the holder, upon satisfaction of the requirements of
subsection (c) of this Section, only the requirements of
subsection (a) of this Section 21-1101 of this Act and the
following reporting requirements shall continue to apply to
such holder:
(1) Cable service and video service information:
(A) The number of households in the holder's
telecommunications service area within each designated
market area in which it offers cable service or video
service.
(B) The number of households in the holder's
telecommunications service area within each designated
market area that are offered access to cable service or
video service by the holder.
(C) The number of households in the holder's
telecommunications service area in the State.
(D) The number of households in the holder's
telecommunications service area in the State that are
offered access to cable service or video service by the
holder.
(E) The exchanges or local units of government in
which the holder added cable service or video service
in the prior year.
(2) Low-income household information:
(A) The number of low-income households in the
holder's telecommunications service area within each
designated market area in which it offers video
service.
(B) The number of low-income households in the
holder's telecommunications service area within each
designated market area that are offered access to video
service by the holder.
(C) The number of low-income households in the
holder's telecommunications service area in the State.
(D) The number of low-income households in the
holder's telecommunications service area in the State
that are offered access to video service by the holder.
(j-10) The requirements of subsection (d) of this Section
shall be satisfied upon the filing of an annual report with the
Commission in compliance with subsection (j) of this Section,
including an annual report filed prior to this amendatory Act
of the 98th General Assembly, that demonstrates the holder of
the authorization has satisfied the requirements of subsection
(d) of this Section for each of the service areas in which it
provides access to its cable service or video service in the
State. Notwithstanding the continued application of this
Article to the holder, upon satisfaction of the requirements of
subsection (d) of this Section, only the requirements of
subsection (a) of this Section and the following reporting
requirements shall continue to apply to such holder:
(1) Cable service and video service information:
(A) The number of households in the holder's
footprint in which it offers cable service or video
service.
(B) The number of households in the holder's
footprint that are offered access to cable service or
video service by the holder.
(C) The exchanges or local units of government in
which the holder added cable service or video service
in the prior year.
(2) Low-income household information:
(A) The number of low-income households in the
holder's footprint in which it offers cable service or
video service.
(B) The number of low-income households in the
holder's footprint that are offered access to cable
service or video service by the holder.
(k) The Commission, within 30 days of receiving the first
report from holders under this Section, and annually no later
than July 1 thereafter, shall submit to the General Assembly a
report that includes, based on year-end data, the information
submitted by holders pursuant to subdivisions (1) and (2) of
subsections (j), (j-5), and (j-10) of this Section. The
Commission shall make this report available to any member of
the public or any local unit of government upon request. All
information submitted to the Commission and designated by
holders as confidential and proprietary shall be subject to the
disclosure provisions in subsection (c) of Section 21-401 of
this Act. No individually identifiable customer information
shall be subject to public disclosure.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/21-1201)
Sec. 21-1201. Multiple-unit dwellings; interference with
holder prohibited.
(a) Neither the owner of any multiple-unit residential
dwelling nor an agent or representative nor an assignee,
grantee, licensee, or similar holders of rights, including
easements, in any multiple-unit residential dwelling (the
"owner, agent or representative") shall unreasonably interfere
with the right of any tenant or lawful resident thereof to
receive cable service or video service installation or
maintenance from a holder of a State-issued authorization, or
related service that includes, but is not limited to, voice
service, Internet access or other broadband services (alone or
in combination) provided over the holder's cable services or
video services facilities; provided, however, the owner,
agent, or representative may require just and reasonable
compensation from the holder for its access to and use of such
property to provide installation, operation, maintenance, or
removal of such cable service or video service or related
services. For purposes of this Section, "access to and use of
such property" shall be provided in a nondiscriminatory manner
to all cable and video providers offering or providing services
at such property and includes common areas of such
multiple-unit dwelling, inside wire in the individual unit of
any tenant or lawful resident thereof that orders or receives
such service and the right to use and connect to building
infrastructure, including but not limited to existing cables,
wiring, conduit or inner duct, to provide cable service or
video service or related services. If there is a dispute
regarding the just compensation for such access and use, the
owner, agent, or representative shall obtain the payment of
just compensation from the holder pursuant to the process and
procedures applicable to an owner and franchisee in subsections
(c), (d), and (e) of Section 11-42-11.1 of the Illinois
Municipal Code (65 ILCS 5/11-42-11.1).
(b) Neither the owner of any multiple-unit residential
dwelling nor an agent or representative shall ask, demand, or
receive any additional payment, service, or gratuity in any
form from any tenant or lawful resident thereof as a condition
for permitting or cooperating with the installation of a cable
service or video service or related services to the dwelling
unit occupied by a tenant or resident requesting such service.
(c) Neither the owner of any multiple-unit residential
dwelling nor an agent or representative shall penalize, charge,
or surcharge a tenant or resident, forfeit or threaten to
forfeit any right of such tenant or resident, or discriminate
in any way against such tenant or resident who requests or
receives cable service or video service or related services
from a holder.
(d) Nothing in this Section shall prohibit the owner of any
multiple-unit residential dwelling nor an agent or
representative from requiring that a holder's facilities
conform to reasonable conditions necessary to protect safety,
functioning, appearance, and value of premises or the
convenience and safety of persons or property.
(e) The owner of any multiple-unit residential dwelling or
an agent or representative may require a holder to agree to
indemnify the owner, or his agents or representatives, for
damages or from liability for damages caused by the
installation, operation, maintenance, or removal of cable
service or video service facilities.
(f) For purposes of this Section, "multiple-unit dwelling"
or "such property" means a multiple dwelling unit building
(such as an apartment building, condominium building, or
cooperative) and any other centrally managed residential real
estate development (such as a gated community, mobile home
park, or garden apartment); provided however, that
multiple-unit dwelling shall not include time share units,
academic campuses and dormitories, military bases, hotels,
rooming houses, prisons, jails, halfway houses, nursing homes
or other assisted living facilities, and hospitals.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/21-1301)
Sec. 21-1301. Enforcement; penalties.
(a) The Attorney General is responsible for administering
and ensuring holders' compliance with this Article, provided
that nothing in this Article shall deprive local units of
government of the right to enforce applicable rights and
obligations.
(b) The Attorney General may conduct an investigation
regarding possible violations by holders of this Article
including, without limitation, the issuance of subpoenas to:
(1) require the holder to file a statement or report or
to answer interrogatories in writing as to all information
relevant to the alleged violations;
(2) examine, under oath, any person who possesses
knowledge or information related to the alleged
violations; and
(3) examine any record, book, document, account, or
paper related to the alleged violation.
(c) If the Attorney General determines that there is a
reason to believe that a holder has violated or is about to
violate this Article, the Attorney General may bring an action
in a court of competent jurisdiction in the name of the People
of the State against the holder to obtain temporary,
preliminary, or permanent injunctive relief and civil
penalties for any act, policy, or practice by the holder that
violates this Article.
(d) If a court orders a holder to make payments to the
Attorney General and the payments are to be used for the
operations of the Office of the Attorney General or if a holder
agrees to make payments to the Attorney General for the
operations of the Office of the Attorney General as part of an
Assurance of Voluntary Compliance, then the moneys paid under
any of the conditions described in this subsection (d) shall be
deposited into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund. Moneys in the Fund shall be
used, subject to appropriation, for the performance of any
function pertaining to the exercise of the duties to the
Attorney General, including, but not limited to, enforcement of
any law of this State and conducting public education programs;
however, any moneys in the Fund that are required by the court
to be used for a particular purpose shall be used for that
purpose.
(e) In an action against a holder brought pursuant to this
Article, the Attorney General may seek the assessment of one or
more of the following civil monetary penalties in any action
filed under this Article where the holder violates this Article
and does not remedy the violation within 30 days of notice by
the Attorney General:
(1) Any holder that violates or fails to comply with
any of the provisions of this Article or of its
State-issued authorization shall be subject to a civil
penalty of up to $30,000 for each and every offense, or
0.00825% of the holder's gross revenues, as defined in
Section 21-801 of this Act, whichever is greater. Every
violation of the provisions of this Article by a holder is
a separate and distinct offense, provided that if the same
act or omission violates more than one provision of this
Article, only one penalty or cumulative penalty may be
imposed for such act or omission. In the case of a
continuing violation, each day's continuance thereof shall
be a separate and distinct offense, provided that the
cumulative penalty for any continuing violation shall not
exceed $500,000 per year, and provided further that these
limits shall not apply where the violation was intentional
and either (i) created substantial risk to the safety of
the cable service or video service provider's employees or
customers or the public or (ii) was intended to cause
economic benefits to accrue to the violator.
(2) The holder's State-issued authorization may be
suspended or revoked if the holder fails to comply with the
provisions of this Article after a reasonable time to
achieve compliance has passed.
(3) If the holder is in violation of Section 21-1101 of
this Act, in addition to any other remedies provided by
law, a fine not to exceed 3% of the holder's total monthly
gross revenue, as that term is defined in this Article,
shall be imposed for each month from the date of violation
until the date that compliance is achieved.
(4) Nothing in this Section shall limit or affect the
powers of the Attorney General to enforce the provisions of
this Article, Section 22-501 of this Act, or the Consumer
Fraud and Deceptive Business Practices Act.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-1401)
Sec. 21-1401. Home rule.
(a) The provisions of this Article are a limitation of home
rule powers under subsection (i) of Section 6 of Article VII of
the Illinois Constitution.
(b) Nothing in this Article shall be construed to limit or
deny a home rule unit's power to tax as set forth in Section 6
of Article VII of the Illinois Constitution.
(Source: P.A. 95-9, eff. 6-30-07.)
(220 ILCS 5/21-1501)
Sec. 21-1501. Except as otherwise provided in this Article,
this Article shall be enforced only by a court of competent
jurisdiction.
(Source: P.A. 95-9, eff. 6-30-07.)
(220 ILCS 5/21-1502)
Sec. 21-1502. Renewal upon repeal of Article. This Section
shall apply only to holders who received their State-issued
authorization as a cable operator. In the event this Article 21
is repealed, the cable operator may seek a renewal under 47
U.S.C. 546 subject to the following:
(1) Each municipality or county in which a cable
operator provided service under the State-issued
authorization shall be the franchising authority with
respect to any right of renewal under 47 U.S.C. 546 and the
provisions of this Section shall apply during the renewal
process.
(2) If the cable operator was an incumbent cable
operator in the local unit of government immediately prior
to obtaining a State-issued authorization, then the terms
of the local franchise agreement under which the incumbent
cable operator operated shall be effective until the later
of: (A) the expiration of what would have been the
remaining term of the agreement at the time of the
termination of the local franchise agreement pursuant to
subsection (c) of Section 21-301 of this Act or (B) the
expiration of the renewal process under 47 U.S.C. 546.
(3) If the cable operator was not an incumbent cable
operator in the service territory immediately prior to the
issuance of the State-issued authorization, then the
State-issued authorization shall continue in effect until
the expiration of the renewal process under 47 U.S.C. 546.
(4) In seeking a renewal under this Section, the cable
operator must provide the following information to the
local franchising authority:
(A) the number of subscribers within the franchise
area;
(B) the number of eligible local government
buildings that have access to cable services;
(C) the statistical records of performance under
the standards established by the Cable and Video
Customer Protection Law;
(D) cable system improvement and construction
plans during the term of the proposed franchise; and
(E) the proposed level of support for public,
educational, and governmental access programming.
(Source: P.A. 98-45, eff. 6-28-13.)
(220 ILCS 5/21-1503 new)
Sec. 21-1503. Continuation of Article; validation.
(a) The General Assembly finds and declares that this
amendatory Act of the 100th General Assembly manifests the
intention of the General Assembly to extend the repeal of this
Article and have this Article continue in effect until December
31, 2020.
(b) This Article shall be deemed to have been in continuous
effect since July 1, 2017 and it shall continue to be in effect
henceforward until it is otherwise lawfully repealed. All
previously enacted amendments to this Article taking effect on
or after July 1, 2017, are hereby validated. All actions taken
in reliance on or under this Article by the Illinois Commerce
Commission or any other person or entity are hereby validated.
(c) In order to ensure the continuing effectiveness of this
Article, it is set forth in full and reenacted by this
amendatory Act of the 100th General Assembly. Striking and
underscoring are used only to show changes being made to the
base text. This reenactment is intended as a continuation of
this Article. It is not intended to supersede any amendment to
this Article that is enacted by the 100th General Assembly.
(220 ILCS 5/21-1601)
Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
this Article are repealed December 31, 2020 July 1, 2017.
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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