Bill Text: IL HB3584 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Cable and Video Customer Protection Article of the Public Utilities Act. Provides that upon the customer's election, a cable or video provider that rents internet modems to a customer shall cease imposing rental charges after the customer has paid to the provider an amount equal to the cost of the modem provided.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-03-31 - Added Co-Sponsor Rep. Daniel V. Beiser [HB3584 Detail]
Download: Illinois-2015-HB3584-Introduced.html
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1 | AN ACT concerning telecommunications.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | |||||||||||||||||||
5 | Section 22-501 as follows:
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6 | (220 ILCS 5/22-501) | |||||||||||||||||||
7 | Sec. 22-501. Customer service and privacy protection. All | |||||||||||||||||||
8 | cable or video providers in this State shall comply with the | |||||||||||||||||||
9 | following customer service requirements and privacy | |||||||||||||||||||
10 | protections. The provisions of this Act shall not apply to an | |||||||||||||||||||
11 | incumbent cable operator prior to January 1, 2008. For purposes | |||||||||||||||||||
12 | of this paragraph, an incumbent cable operator means a person | |||||||||||||||||||
13 | or entity that provided cable services in a particular area | |||||||||||||||||||
14 | under a franchise agreement with a local unit of government | |||||||||||||||||||
15 | pursuant to Section 11-42-11 of the Illinois
Municipal Code or | |||||||||||||||||||
16 | Section 5-1095 of the Counties Code on January 1, 2007.
A | |||||||||||||||||||
17 | master antenna television, satellite master antenna | |||||||||||||||||||
18 | television, direct broadcast satellite, multipoint | |||||||||||||||||||
19 | distribution service, and other provider of video programming | |||||||||||||||||||
20 | shall only be subject to the provisions of this Article to the | |||||||||||||||||||
21 | extent permitted by federal law. | |||||||||||||||||||
22 | The following definitions apply to the terms used in this | |||||||||||||||||||
23 | Article: |
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1 | "Basic cable or video service" means any service offering | ||||||
2 | or tier that
includes the retransmission of local television | ||||||
3 | broadcast signals. | ||||||
4 | "Cable or video provider" means any person or entity | ||||||
5 | providing cable service or video service pursuant to | ||||||
6 | authorization under (i) the Cable and Video Competition Law of | ||||||
7 | 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; | ||||||
8 | (iii) Section 5-1095 of the Counties Code; or (iv) a master | ||||||
9 | antenna television, satellite master antenna television, | ||||||
10 | direct broadcast satellite, multipoint distribution services, | ||||||
11 | and other providers of video programming, whatever their | ||||||
12 | technology. A cable or video provider shall not include a | ||||||
13 | landlord providing only broadcast video programming to a | ||||||
14 | single-family home or other residential dwelling consisting of | ||||||
15 | 4
units or less. | ||||||
16 | "Franchise" has the same meaning as found in 47 U.S.C. | ||||||
17 | 522(9). | ||||||
18 | "Local unit of government" means a city, village, | ||||||
19 | incorporated town, or a county. | ||||||
20 | "Normal business hours" means those hours during which most | ||||||
21 | similar businesses in the geographic area of the local unit of | ||||||
22 | government are open to serve customers. In all cases, "normal | ||||||
23 | business hours" must include some evening hours at least one | ||||||
24 | night per week or some weekend hours. | ||||||
25 | "Normal operating conditions" means those service | ||||||
26 | conditions that are within the control of cable or video |
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1 | providers. Those conditions that are not within the control of | ||||||
2 | cable or video providers include, but are not limited to, | ||||||
3 | natural disasters, civil disturbances, power outages, | ||||||
4 | telephone network outages, and severe or unusual weather | ||||||
5 | conditions. Those conditions that are ordinarily within the | ||||||
6 | control of cable or video providers include, but are not | ||||||
7 | limited to, special promotions, pay-per-view events, rate | ||||||
8 | increases, regular peak or seasonal demand periods, and | ||||||
9 | maintenance or upgrade of the cable service or video service | ||||||
10 | network. | ||||||
11 | "Service interruption" means the loss of picture or sound | ||||||
12 | on one or more cable service or video service on one or more | ||||||
13 | cable or video channels. | ||||||
14 | "Service line drop" means the point of connection between a | ||||||
15 | premises and the cable or video network that enables the | ||||||
16 | premises to receive cable service or video service. | ||||||
17 | (a) General customer service standards: | ||||||
18 | (1) Cable or video providers shall establish general | ||||||
19 | standards related to customer service, which shall | ||||||
20 | include, but not be limited to, installation, | ||||||
21 | disconnection, service and repair obligations; appointment | ||||||
22 | hours and employee ID requirements; customer service | ||||||
23 | telephone numbers and hours; procedures for billing, | ||||||
24 | charges, deposits, refunds, and credits; procedures for | ||||||
25 | termination of service; notice of deletion of programming | ||||||
26 | service; changes related to transmission of programming; |
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1 | changes or increases in rates; the use and availability of | ||||||
2 | parental control or lock-out devices; the use and | ||||||
3 | availability of an A/B switch if applicable; complaint | ||||||
4 | procedures and procedures for bill dispute resolution; a | ||||||
5 | description of the rights and remedies available to | ||||||
6 | consumers if the cable or video provider does not | ||||||
7 | materially meet its
customer service standards; and | ||||||
8 | special services for customers with visual, hearing, or | ||||||
9 | mobility disabilities. | ||||||
10 | (2) Cable or video providers' rates for each level of | ||||||
11 | service, rules, regulations, and policies related to its | ||||||
12 | cable service or video service described in paragraph (1) | ||||||
13 | of this subsection (a)
must be made available to the public | ||||||
14 | and displayed clearly and conspicuously on the cable or | ||||||
15 | video provider's site on the Internet. If a promotional | ||||||
16 | price or a price for a specified period of time is offered, | ||||||
17 | the cable or video provider shall display the price at the | ||||||
18 | end of the promotional period or specified period of time | ||||||
19 | clearly and conspicuously with the display of the | ||||||
20 | promotional price or price for a specified period of time. | ||||||
21 | The cable or video provider shall provide this information | ||||||
22 | upon request. | ||||||
23 | (3) Cable or video providers shall provide notice | ||||||
24 | concerning their general customer service standards to all | ||||||
25 | customers. This notice shall be offered when service is | ||||||
26 | first activated and upon request thereafter. The |
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1 | information in the notice shall also be available on the | ||||||
2 | cable or video providers' websites and shall include all of | ||||||
3 | the information specified in paragraph (1) of this | ||||||
4 | subsection (a), as well as the following: a listing of | ||||||
5 | services offered by the cable or video providers, which | ||||||
6 | shall clearly describe programming for all services and all | ||||||
7 | levels of service; the rates for all services and levels of | ||||||
8 | service; a telephone number
through which customers may | ||||||
9 | subscribe to, change, or terminate service, request | ||||||
10 | customer service, or seek general or billing information; | ||||||
11 | instructions on the use of the cable or video services; and | ||||||
12 | a description of rights and remedies that the cable or | ||||||
13 | video providers shall make available to their customers if | ||||||
14 | they do not materially meet the general customer service | ||||||
15 | standards described in this Act. | ||||||
16 | (b) General customer service obligations: | ||||||
17 | (1) Cable or video providers shall render reasonably | ||||||
18 | efficient service, promptly make repairs, and interrupt | ||||||
19 | service only as necessary and for good cause, during | ||||||
20 | periods of minimum use of the system and for no more than | ||||||
21 | 24 hours. | ||||||
22 | (2) All service representatives or any other person who | ||||||
23 | contacts customers or potential customers on behalf of the | ||||||
24 | cable or video provider shall have a visible identification | ||||||
25 | card with their name and photograph and shall orally | ||||||
26 | identify themselves upon first contact with the customer. |
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1 | Customer service representatives shall orally identify | ||||||
2 | themselves to callers immediately following the greeting | ||||||
3 | during each telephone contact with the public. | ||||||
4 | (3) The cable or video providers shall: (i) maintain a | ||||||
5 | customer service facility within the boundaries of a local | ||||||
6 | unit of government staffed by customer service | ||||||
7 | representatives that have the capacity to accept payment, | ||||||
8 | adjust bills, and respond to repair, installation, | ||||||
9 | reconnection, disconnection, or other service calls and | ||||||
10 | distribute or receive converter boxes, remote control | ||||||
11 | units, digital stereo units, or other equipment related to | ||||||
12 | the provision of cable or video service; (ii) provide | ||||||
13 | customers with bill payment facilities through retail, | ||||||
14 | financial, or other commercial institutions located within | ||||||
15 | the boundaries of a local unit of government; (iii) provide | ||||||
16 | an address, toll-free telephone number or electronic | ||||||
17 | address to accept bill payments and correspondence and | ||||||
18 | provide secure collection boxes for the receipt of bill | ||||||
19 | payments and the return of equipment, provided that if a | ||||||
20 | cable or video provider provides secure collection boxes, | ||||||
21 | it shall provide a printed receipt when items are | ||||||
22 | deposited; or (iv) provide an address, toll-free telephone | ||||||
23 | number, or electronic address to accept bill payments and | ||||||
24 | correspondence and provide a method for customers to return | ||||||
25 | equipment to the cable or video provider at no cost to the | ||||||
26 | customer. |
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1 | (4) In each contact with a customer, the service | ||||||
2 | representatives or any other person who contacts customers | ||||||
3 | or potential customers on behalf of the cable or video | ||||||
4 | provider shall state the estimated cost of the service, | ||||||
5 | repair, or installation orally prior to delivery of the | ||||||
6 | service or before any work is performed, shall provide the | ||||||
7 | customer with an oral statement of the total charges before | ||||||
8 | terminating the telephone call or other contact in which a | ||||||
9 | service is ordered, whether in-person or over the Internet, | ||||||
10 | and shall provide a written statement of the total charges | ||||||
11 | before leaving the location at which the work was | ||||||
12 | performed. In the event that the cost of service is a | ||||||
13 | promotional price or is for a limited period of time, the | ||||||
14 | cost of service at the end of the promotion or limited | ||||||
15 | period of time shall be disclosed. | ||||||
16 | (5) Cable or video providers shall provide customers a | ||||||
17 | minimum of 30 days' written notice before increasing rates | ||||||
18 | or eliminating transmission of programming and shall | ||||||
19 | submit the notice of any rate increase to the local unit of | ||||||
20 | government in advance of distribution to customers, | ||||||
21 | provided that the cable or video provider is not in | ||||||
22 | violation of this provision if the elimination of | ||||||
23 | transmission of programming was outside the control of the | ||||||
24 | provider, in which case the provider shall use reasonable | ||||||
25 | efforts to provide as much notice as possible, and any rate | ||||||
26 | decrease related to the elimination of transmission of |
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1 | programming shall be applied to the date of the change. | ||||||
2 | (6) Cable or video providers shall provide clear visual | ||||||
3 | and audio reception that meets or exceeds applicable | ||||||
4 | Federal Communications Commission technical standards. If | ||||||
5 | a customer experiences poor video or audio reception due to | ||||||
6 | the equipment of the cable or video provider, the cable or | ||||||
7 | video provider shall promptly repair the problem at its own | ||||||
8 | expense. | ||||||
9 | (c) Bills, payment, and termination: | ||||||
10 | (1) Cable or video providers shall render monthly bills | ||||||
11 | that are clear, accurate, and understandable. | ||||||
12 | (2) Every residential customer who pays bills directly | ||||||
13 | to the cable or video provider shall have at least 28 days | ||||||
14 | from the date of the bill to pay the listed charges. | ||||||
15 | (3) Customer payments shall be posted promptly. When | ||||||
16 | the payment is sent by United States mail, payment is | ||||||
17 | considered paid on the date it is postmarked. | ||||||
18 | (4) Cable or video providers may not terminate | ||||||
19 | residential service for nonpayment of a bill unless the | ||||||
20 | cable or video provider furnishes notice of the delinquency | ||||||
21 | and impending termination at least 15 days prior to the | ||||||
22 | proposed termination. Notice of proposed termination shall | ||||||
23 | be mailed, postage prepaid, to the customer to whom service | ||||||
24 | is billed. Notice of proposed termination shall not be | ||||||
25 | mailed until the 24th day after the date of the bill for | ||||||
26 | services. Notice of delinquency and impending termination |
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1 | may be part of a billing statement only if the notice is | ||||||
2 | designed to be conspicuous. The cable or video providers | ||||||
3 | may not assess a late fee prior to the 24th day after the | ||||||
4 | date of the bill for service. | ||||||
5 | (5) Every notice of impending termination shall | ||||||
6 | include all of the following: the name and address of | ||||||
7 | customer; the amount of the delinquency; the date on which | ||||||
8 | payment is required to avoid termination; and the telephone | ||||||
9 | number of the cable or video provider's service | ||||||
10 | representative to make payment arrangements and to provide | ||||||
11 | additional information about the charges for failure to | ||||||
12 | return equipment and for reconnection, if any. | ||||||
13 | (6) Service may only be terminated on days when the | ||||||
14 | customer is able to reach a service representative of the | ||||||
15 | cable or video providers, either in person or by telephone. | ||||||
16 | (7) Any service terminated by a cable or video provider | ||||||
17 | without good cause shall be restored without any | ||||||
18 | reconnection fee, charge, or penalty; good cause for | ||||||
19 | termination includes, but is not limited to, failure to pay | ||||||
20 | a bill by the date specified in the notice of impending | ||||||
21 | termination, payment by check for which there are | ||||||
22 | insufficient funds, theft of service, abuse of equipment or | ||||||
23 | personnel, or other similar subscriber actions. | ||||||
24 | (8) Cable or video providers shall cease charging a | ||||||
25 | customer for any or all services within one
business day | ||||||
26 | after it receives a request to immediately terminate |
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1 | service or on the day requested by the customer if such a | ||||||
2 | date is at least 5 days from the date requested by the | ||||||
3 | customer. Nothing in this subsection (c) shall prohibit the | ||||||
4 | provider from billing for charges that the customer incurs | ||||||
5 | prior to the date of termination. Cable or video providers | ||||||
6 | shall issue a credit no later than the customer's next | ||||||
7 | billing cycle following the determination that a credit is | ||||||
8 | warranted. Cable or video providers shall issue a refund or | ||||||
9 | return a deposit promptly, but not later than either the | ||||||
10 | customer's next billing cycle following resolution of the | ||||||
11 | request or 30 days, whichever is earlier, or the return of | ||||||
12 | equipment, if any, whichever is later. | ||||||
13 | (9) The customers or subscribers of a cable or video | ||||||
14 | provider shall be allowed to disconnect their service at | ||||||
15 | any time within the first 30 days after subscribing to or | ||||||
16 | upgrading the service. Within this 30-day period, cable or | ||||||
17 | video providers shall not charge or impose any fees or | ||||||
18 | penalties on the customer for disconnecting service, | ||||||
19 | including, but not limited to, any installation charge or | ||||||
20 | the imposition of an early termination charge, except the | ||||||
21 | cable or video provider may impose a charge or fee to | ||||||
22 | offset any rebates or credits received by the customer and | ||||||
23 | may impose monthly service or maintenance charges, | ||||||
24 | including pay-per-view and premium services charges, | ||||||
25 | during such 30-day period. | ||||||
26 | (10) Cable or video providers shall cease charging |
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1 | customers for internet modems rented to the customer when | ||||||
2 | the customer has paid to the provider the cost of the modem | ||||||
3 | and the customer requests that the rental charges be | ||||||
4 | discontinued. Cable and video providers shall provide | ||||||
5 | notice regarding the discontinuance of rental charges to | ||||||
6 | customers in each billing statement. The notice shall | ||||||
7 | include a disclosure of rights and responsibilities | ||||||
8 | relating to the maintenance of the modem. | ||||||
9 | (d) Response to customer inquiries: | ||||||
10 | (1) Cable or video providers will maintain a toll-free | ||||||
11 | telephone access line that is
available to customers 24 | ||||||
12 | hours a day, 7
days a week to accept calls regarding | ||||||
13 | installation, termination, service, and complaints. | ||||||
14 | Trained, knowledgeable, qualified service representatives | ||||||
15 | of the cable or video providers will be available to | ||||||
16 | respond to customer telephone inquiries during normal | ||||||
17 | business hours. Customer service representatives shall be | ||||||
18 | able to provide credit, waive fees, schedule appointments, | ||||||
19 | and change billing cycles. Any difficulties that cannot be | ||||||
20 | resolved by the customer service representatives shall be | ||||||
21 | referred to a supervisor who shall make his or her best | ||||||
22 | efforts to resolve the issue immediately. If the supervisor | ||||||
23 | does not resolve the issue to the customer's satisfaction, | ||||||
24 | the customer shall be informed of the cable or video | ||||||
25 | provider's complaint procedures and procedures for billing | ||||||
26 | dispute resolution and given a description of the rights |
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1 | and remedies available to customers to enforce the terms of | ||||||
2 | this Article, including the customer's rights to have the | ||||||
3 | complaint reviewed by the local unit of government, to | ||||||
4 | request mediation, and to review in a court of competent | ||||||
5 | jurisdiction. | ||||||
6 | (2) After normal business hours, the access line may be | ||||||
7 | answered by a service or an automated response system, | ||||||
8 | including an answering machine. Inquiries received by | ||||||
9 | telephone or e-mail after normal business hours shall be | ||||||
10 | responded to by a trained service representative on the | ||||||
11 | next business day. The cable or video provider shall | ||||||
12 | respond to a written billing inquiry within 10 days of | ||||||
13 | receipt of the inquiry. | ||||||
14 | (3) Cable or video providers shall provide customers | ||||||
15 | seeking non-standard installations with a total | ||||||
16 | installation cost estimate and an estimated date of | ||||||
17 | completion. The actual charge to the customer shall not | ||||||
18 | exceed the estimated cost without the written consent of | ||||||
19 | the customer. | ||||||
20 | (4) If the cable or video provider receives notice that | ||||||
21 | an unsafe condition exists with respect to its equipment, | ||||||
22 | it shall investigate such condition immediately and shall | ||||||
23 | take such measures as are necessary to remove or eliminate | ||||||
24 | the unsafe condition. The cable or video provider shall | ||||||
25 | inform the local unit of government promptly, but no later | ||||||
26 | than 2 hours after it receives notification of an unsafe |
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1 | condition that it has not remedied. | ||||||
2 | (5) Under normal operating conditions, telephone | ||||||
3 | answer time by the cable or video provider's customer | ||||||
4 | representative, including wait time, shall not exceed 30 | ||||||
5 | seconds when the connection is made. If the call needs to | ||||||
6 | be transferred, transfer time shall not exceed 30 seconds. | ||||||
7 | These standards shall be met no less than 90% of the time | ||||||
8 | under normal operating conditions, measured on a quarterly | ||||||
9 | basis. The cable or video provider shall not be required to | ||||||
10 | acquire equipment or perform surveys to measure compliance | ||||||
11 | with these telephone answering standards unless an | ||||||
12 | historical record of complaints indicates a clear failure | ||||||
13 | to comply. | ||||||
14 | (6) Under normal operating conditions, the cable or | ||||||
15 | video provider's customers will receive a busy signal less | ||||||
16 | than 3% of the time. | ||||||
17 | (e) Under normal operating conditions, each of the | ||||||
18 | following standards related to installations, outages, and | ||||||
19 | service calls will be met no less than 95% of the time measured | ||||||
20 | on a quarterly basis: | ||||||
21 | (1) Standard installations will be performed within 7 | ||||||
22 | business days after an order has been placed. "Standard" | ||||||
23 | installations are those that are located up to 125 feet | ||||||
24 | from the existing distribution system. | ||||||
25 | (2) Excluding conditions beyond the control of the | ||||||
26 | cable or video providers, the cable or video providers will |
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1 | begin working on "service interruptions" promptly and in no | ||||||
2 | event later than 24 hours after the interruption is | ||||||
3 | reported by the customer or otherwise becomes known to the | ||||||
4 | cable or video providers. Cable or video providers must | ||||||
5 | begin actions to correct other service problems the next | ||||||
6 | business day after notification of the service problem and | ||||||
7 | correct the problem. | ||||||
8 | (3) The "appointment window" alternatives for | ||||||
9 | installations, service calls, and other installation | ||||||
10 | activities will be either a specific time or, at a maximum, | ||||||
11 | a 4-hour
time block during evening, weekend, and normal | ||||||
12 | business hours. The cable or video provider may schedule | ||||||
13 | service calls and other installation activities outside of | ||||||
14 | these hours for the express convenience of the customer. | ||||||
15 | (4) Cable or video providers may not cancel an | ||||||
16 | appointment with a customer after the close of business on | ||||||
17 | the business day prior to the scheduled appointment. If the | ||||||
18 | cable or video provider's representative is running late | ||||||
19 | for an appointment with a customer and will not be able to | ||||||
20 | keep the appointment as scheduled, the customer will be | ||||||
21 | contacted. The appointment will be rescheduled, as | ||||||
22 | necessary, at a time that
is convenient for the customer, | ||||||
23 | even if the rescheduled appointment is not within normal | ||||||
24 | business hours. | ||||||
25 | (f) Public benefit obligation: | ||||||
26 | (1) All cable or video providers offering service |
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1 | pursuant to the Cable and Video Competition Law of 2007, | ||||||
2 | the Illinois Municipal Code, or the Counties Code shall | ||||||
3 | provide a free service line drop and free basic service to | ||||||
4 | all current and future public buildings within their | ||||||
5 | footprint, including, but not limited to, all local unit of | ||||||
6 | government buildings, public libraries, and public primary | ||||||
7 | and secondary schools, whether owned or leased by that | ||||||
8 | local unit of government ("eligible buildings"). Such | ||||||
9 | service shall be used in a manner consistent with the | ||||||
10 | government purpose for the eligible building and shall not | ||||||
11 | be resold. | ||||||
12 | (2) This obligation only applies to those cable or | ||||||
13 | video service providers whose cable service or video | ||||||
14 | service systems pass eligible buildings and its cable or | ||||||
15 | video service is generally available to residential | ||||||
16 | subscribers in the same local unit of government in which | ||||||
17 | the eligible building is located. The burden of providing | ||||||
18 | such service at each eligible building shall be shared by | ||||||
19 | all cable and video providers whose systems pass the | ||||||
20 | eligible buildings in an equitable and competitively | ||||||
21 | neutral manner, and nothing herein shall require | ||||||
22 | duplicative installations by more than one cable or video | ||||||
23 | provider at each eligible building. Cable or video | ||||||
24 | providers operating in a local unit of government shall | ||||||
25 | meet as necessary and determine who will provide service to | ||||||
26 | eligible buildings under this subsection (f). If the cable |
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1 | or video providers are unable to reach an agreement, they | ||||||
2 | shall meet with the local unit of government, which shall | ||||||
3 | determine which cable or video providers will serve each | ||||||
4 | eligible building. The local unit of government shall bear | ||||||
5 | the costs of any inside wiring or video equipment costs not | ||||||
6 | ordinarily provided as part of the cable or video | ||||||
7 | provider's basic offering. | ||||||
8 | (g) After the cable or video providers have offered service | ||||||
9 | for one year, the cable or video providers shall make an annual | ||||||
10 | report to the Commission, to the local unit of government, and | ||||||
11 | to the Attorney General that it is meeting the standards | ||||||
12 | specified in this Article, identifying the number of complaints | ||||||
13 | it received over the prior year in the State and specifying the | ||||||
14 | number of complaints related to each of the following: (1) | ||||||
15 | billing, charges, refunds, and credits; (2) installation or | ||||||
16 | termination of service; (3) quality of service and repair; (4) | ||||||
17 | programming; and (5) miscellaneous complaints that do not fall | ||||||
18 | within these categories. | ||||||
19 | (h) To the extent consistent with federal law, cable or | ||||||
20 | video providers shall offer the lowest-cost basic cable or | ||||||
21 | video service as a stand-alone service to residential customers | ||||||
22 | at reasonable rates. Cable or video providers shall not require | ||||||
23 | the subscription to any service other than the lowest-cost | ||||||
24 | basic service or to any telecommunications or information | ||||||
25 | service, as a condition of access to cable or video service, | ||||||
26 | including programming offered on a per channel or per program |
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1 | basis. Cable or video providers shall not discriminate between | ||||||
2 | subscribers to the lowest-cost basic service, subscribers to | ||||||
3 | other cable services or video services, and other subscribers | ||||||
4 | with regard to the rates charged for cable or video programming | ||||||
5 | offered on a per channel or per program basis. | ||||||
6 | (i) To the extent consistent with federal law, cable or | ||||||
7 | video providers shall ensure that charges for changes in the | ||||||
8 | subscriber's selection of services or equipment shall be based | ||||||
9 | on the cost of such change and shall not exceed nominal amounts | ||||||
10 | when the system's configuration permits changes in service tier | ||||||
11 | selection to be effected solely by coded entry on a computer | ||||||
12 | terminal or by other similarly simple method. | ||||||
13 | (j) To the extent consistent with federal law, cable or | ||||||
14 | video providers shall have a rate structure for the provision | ||||||
15 | of cable or video service that is uniform throughout the area | ||||||
16 | within the boundaries of the local unit of government. This | ||||||
17 | subsection (j) is not intended to prohibit bulk discounts to | ||||||
18 | multiple dwelling units or to prohibit reasonable discounts to | ||||||
19 | senior citizens or other economically disadvantaged groups. | ||||||
20 | (k) To the extent consistent with federal law, cable or | ||||||
21 | video providers shall not charge a subscriber for any service | ||||||
22 | or equipment that the subscriber has not affirmatively | ||||||
23 | requested or affirmatively agreed to by name. For purposes of | ||||||
24 | this subsection (k), a subscriber's failure to refuse a cable | ||||||
25 | or video provider's proposal to provide service or equipment | ||||||
26 | shall not be deemed to be an affirmative request for such |
| |||||||
| |||||||
1 | service or equipment. | ||||||
2 | (l) No contract or service agreement containing an early | ||||||
3 | termination clause offering residential cable or video | ||||||
4 | services or any bundle including such services shall be for a | ||||||
5 | term longer than 2 years. Any contract or service offering with | ||||||
6 | a term of service that contains an early termination fee shall | ||||||
7 | limit the early termination fee to not more than the value of | ||||||
8 | any additional goods or services provided with the cable or | ||||||
9 | video services, the amount of the discount reflected in the | ||||||
10 | price for cable services or video services for the period | ||||||
11 | during which the consumer benefited from the discount, or a | ||||||
12 | declining fee based on the remainder of the contract term. | ||||||
13 | (m) Cable or video providers shall not discriminate in the | ||||||
14 | provision of services for the hearing and visually impaired, | ||||||
15 | and shall comply with the accessibility requirements of 47 | ||||||
16 | U.S.C. 613. Cable or video providers shall deliver and pick-up | ||||||
17 | or provide customers with pre-paid shipping and packaging for | ||||||
18 | the return of converters and other necessary equipment at the | ||||||
19 | home of customers with disabilities. Cable or video providers | ||||||
20 | shall provide free use of a converter or remote control unit to | ||||||
21 | mobility impaired customers. | ||||||
22 | (n)(1) To the extent consistent with federal law, cable or | ||||||
23 | video providers shall comply with the provisions of 47 U.S.C. | ||||||
24 | 532(h) and (j). The cable or video providers shall not exercise | ||||||
25 | any editorial control over any video programming provided | ||||||
26 | pursuant to this Section, or in any other way consider the |
| |||||||
| |||||||
1 | content of such programming, except that a cable or video | ||||||
2 | provider may refuse to transmit any leased access program or | ||||||
3 | portion of a leased access program that
contains obscenity, | ||||||
4 | indecency, or nudity and may consider such content to the | ||||||
5 | minimum extent necessary to establish a reasonable price for | ||||||
6 | the commercial use of designated channel capacity by an | ||||||
7 | unaffiliated person. This subsection (n) shall permit cable or | ||||||
8 | video providers to enforce prospectively a written and | ||||||
9 | published policy of prohibiting programming that the cable or | ||||||
10 | video provider reasonably believes describes or depicts sexual | ||||||
11 | or excretory activities or organs in a patently offensive | ||||||
12 | manner as measured by contemporary community standards. | ||||||
13 | (2) Upon customer request, the cable or video provider | ||||||
14 | shall, without charge, fully scramble or otherwise fully | ||||||
15 | block the audio and video programming of each channel | ||||||
16 | carrying such programming so that a person who is not a | ||||||
17 | subscriber does not receive the channel or programming. | ||||||
18 | (3) In providing sexually explicit adult programming | ||||||
19 | or other programming that is indecent on any channel of its | ||||||
20 | service primarily dedicated to sexually oriented | ||||||
21 | programming, the cable or video provider shall fully | ||||||
22 | scramble or otherwise fully block the video and audio | ||||||
23 | portion of such channel so that a person who is
not a | ||||||
24 | subscriber to such channel or programming does not receive | ||||||
25 | it. | ||||||
26 | (4) Scramble means to rearrange the content of the |
| |||||||
| |||||||
1 | signal of the programming so that the programming cannot be | ||||||
2 | viewed or heard in an understandable manner. | ||||||
3 | (o) Cable or video providers will maintain a listing, | ||||||
4 | specific to the level of street address, of the areas where its | ||||||
5 | cable or video services are available. Customers who inquire | ||||||
6 | about purchasing cable or video service shall be informed about | ||||||
7 | whether the cable or video provider's cable or video services | ||||||
8 | are currently available to them at their specific location. | ||||||
9 | (p) Cable or video providers shall not disclose the name, | ||||||
10 | address, telephone number or other personally identifying | ||||||
11 | information of a cable service or video service customer to be | ||||||
12 | used in mailing lists or to be used for other commercial | ||||||
13 | purposes not reasonably related to the conduct of its business | ||||||
14 | unless the cable or video provider has provided to the customer | ||||||
15 | a notice, separately or included in any other customer service | ||||||
16 | notice, that clearly and conspicuously describes the | ||||||
17 | customer's ability to prohibit the disclosure. Cable or video | ||||||
18 | providers shall provide an address and telephone number for a | ||||||
19 | customer to use without a toll charge to prevent disclosure of | ||||||
20 | the customer's name and address in mailing lists or for other | ||||||
21 | commercial purposes not reasonably related to the conduct of | ||||||
22 | its business to other businesses or affiliates of the cable or | ||||||
23 | video provider. Cable or video providers shall comply with the | ||||||
24 | consumer privacy requirements of Section 26-4.5 of the Criminal | ||||||
25 | Code of 2012, the Restricted Call Registry Act, and 47 U.S.C. | ||||||
26 | 551 that are in effect as of June 30, 2007 (the effective date |
| |||||||
| |||||||
1 | of Public Act 95-9)
and as amended thereafter. | ||||||
2 | (q) Cable or video providers shall implement an informal | ||||||
3 | process for handling inquiries from local units of government | ||||||
4 | and customers concerning billing issues, service issues, | ||||||
5 | privacy concerns, and other consumer complaints. In the event | ||||||
6 | that an issue is not resolved through this informal process, a | ||||||
7 | local unit of government or the customer may request nonbinding | ||||||
8 | mediation with the cable or video provider, with each party to | ||||||
9 | bear its own costs of such mediation. Selection of the mediator | ||||||
10 | will be by mutual agreement, and preference will be given to | ||||||
11 | mediation services that do not charge the consumer for their | ||||||
12 | services. In the event that the informal process does not | ||||||
13 | produce a satisfactory result to the customer or the local unit | ||||||
14 | of government, enforcement may be pursued as provided in | ||||||
15 | subdivision (4) of subsection (r) of this Section. | ||||||
16 | (r) The Attorney General and the local unit of government | ||||||
17 | may enforce all of the customer service and privacy protection | ||||||
18 | standards of this Section with respect to complaints received | ||||||
19 | from residents within the local unit of government's | ||||||
20 | jurisdiction, but it may not adopt or seek to enforce any | ||||||
21 | additional or different customer service or performance | ||||||
22 | standards under any other authority or provision of law. | ||||||
23 | (1) The local unit of government may, by ordinance, | ||||||
24 | provide a schedule of penalties for any material breach of | ||||||
25 | this Section by cable or video providers in addition to the | ||||||
26 | penalties provided herein. No monetary penalties shall be |
| |||||||
| |||||||
1 | assessed for a material breach if it is out of the | ||||||
2 | reasonable control of the cable or video providers or its | ||||||
3 | affiliate. Monetary penalties adopted in an ordinance | ||||||
4 | pursuant to this Section shall apply on a competitively | ||||||
5 | neutral basis to all providers of cable service or video | ||||||
6 | service within the local unit of government's | ||||||
7 | jurisdiction. In
no event shall the penalties imposed under | ||||||
8 | this subsection (r) exceed $750 for each day of the | ||||||
9 | material breach, and these penalties shall not exceed | ||||||
10 | $25,000 for each occurrence of a material breach per | ||||||
11 | customer. | ||||||
12 | (2) For purposes of this Section, "material breach" | ||||||
13 | means any substantial
failure of a cable or video service | ||||||
14 | provider to comply with service quality and other standards | ||||||
15 | specified in any provision of this Act. The Attorney | ||||||
16 | General or the local unit of government shall give the | ||||||
17 | cable or video provider written notice of any alleged | ||||||
18 | material breaches of this Act and allow such provider at | ||||||
19 | least 30 days from receipt of the notice to remedy the | ||||||
20 | specified material breach. | ||||||
21 | (3) A material breach, for the purposes of assessing | ||||||
22 | penalties, shall be deemed to have occurred for each day | ||||||
23 | that a material breach has not been remedied by the cable | ||||||
24 | service or video service provider after the expiration of | ||||||
25 | the period specified in subdivision (2) of this subsection | ||||||
26 | (r)
in each local unit of government's jurisdiction, |
| |||||||
| |||||||
1 | irrespective of the number of customers affected. | ||||||
2 | (4) Any customer, the Attorney General, or a local unit | ||||||
3 | of government may pursue alleged violations of this Act by | ||||||
4 | the cable or video provider in a court of competent | ||||||
5 | jurisdiction. A cable or video provider may seek judicial | ||||||
6 | review of a decision of a local unit of government imposing | ||||||
7 | penalties in a court of competent jurisdiction. No local | ||||||
8 | unit of government shall be subject to suit for damages or | ||||||
9 | other relief based upon its action in connection with its | ||||||
10 | enforcement or review of any of the terms, conditions, and | ||||||
11 | rights contained in this Act except a court may require the | ||||||
12 | return of any penalty it finds was not properly assessed or | ||||||
13 | imposed. | ||||||
14 | (s) Cable or video providers shall credit customers for | ||||||
15 | violations in the amounts stated herein. The credits shall be | ||||||
16 | applied on the statement issued to the customer for the next | ||||||
17 | monthly billing cycle following the violation or following the | ||||||
18 | discovery of the violation. Cable or video providers are | ||||||
19 | responsible for providing the credits described herein and the | ||||||
20 | customer is under no obligation to request the credit. If the | ||||||
21 | customer is no longer taking service from the cable or video | ||||||
22 | provider, the credit amount will be refunded to the customer by | ||||||
23 | check within 30 days of the termination of service. A local | ||||||
24 | unit of government may, by ordinance, adopt a schedule of | ||||||
25 | credits payable directly to customers for breach of the | ||||||
26 | customer service standards and obligations contained in this |
| |||||||
| |||||||
1 | Article, provided the schedule of customer credits applies on a | ||||||
2 | competitively neutral basis to all providers of cable service | ||||||
3 | or video service in the local unit of government's jurisdiction | ||||||
4 | and the credits are not greater than the credits provided in | ||||||
5 | this Section. | ||||||
6 | (1) Failure to keep an appointment or to notify the | ||||||
7 | customer prior to the close of business on the business day | ||||||
8 | prior to the scheduled appointment: $25.00. | ||||||
9 | (2) Violation of customer service and billing | ||||||
10 | standards in subsections (c) and (d) of this Section: | ||||||
11 | $25.00 per occurrence. | ||||||
12 | (3) Violation of the bundling rules in subsection
(h) | ||||||
13 | of this Section: $25.00 per month. | ||||||
14 | (t) The enforcement powers granted to the Attorney General | ||||||
15 | in Article XXI of this
Act shall apply to this Article, except | ||||||
16 | that the Attorney General may not seek penalties for violation | ||||||
17 | of this Article
other than in the amounts specified herein. | ||||||
18 | Nothing in this Section shall limit or affect the powers of the | ||||||
19 | Attorney General to enforce the provisions of Article XXI
of | ||||||
20 | this
Act or the Consumer Fraud and Deceptive Business Practices | ||||||
21 | Act. | ||||||
22 | (u) This Article
applies to all cable and video providers | ||||||
23 | in the State, including but not limited to those operating | ||||||
24 | under a local franchise as that term is used in 47 U.S.C. | ||||||
25 | 522(9), those operating under authorization pursuant to | ||||||
26 | Section 11-42-11 of the Illinois Municipal Code, those |
| |||||||
| |||||||
1 | operating under authorization pursuant to Section 5-1095 of the | ||||||
2 | Counties Code, and those operating under a State-issued | ||||||
3 | authorization pursuant to Article XXI of this
Act.
| ||||||
4 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
5 | 98-45, eff. 6-28-13.)
|