|
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, 13-501, 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. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17; |
100-840, eff. 8-13-18.)
|
