Bill Text: IL SB0107 | 2009-2010 | 96th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-06-15 - Public Act . . . . . . . . . 96-0927 [SB0107 Detail]
Download: Illinois-2009-SB0107-Engrossed.html
Bill Title: Amends the Public Utilities Act. Makes a technical change in the short title Section.
Spectrum: Bipartisan Bill
Status: (Passed) 2010-06-15 - Public Act . . . . . . . . . 96-0927 [SB0107 Detail]
Download: Illinois-2009-SB0107-Engrossed.html
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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
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 annually thereafter. The information |
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1 | in the notice shall include all of the information | ||||||
2 | specified in paragraph (1) of this subsection (a), as well | ||||||
3 | as the following: a listing of services offered by the | ||||||
4 | cable or video providers, which shall clearly describe | ||||||
5 | programming for all services and all levels of service; the | ||||||
6 | rates for all services and levels of service; a telephone | ||||||
7 | number
through which customers may subscribe to, change, or | ||||||
8 | terminate service, request customer service, or seek | ||||||
9 | general or billing information; instructions on the use of | ||||||
10 | the cable or video services; and a description of rights | ||||||
11 | and remedies that the cable or video providers shall make | ||||||
12 | available to their customers if they do not materially meet | ||||||
13 | the general customer service standards described in this | ||||||
14 | Act. | ||||||
15 | (b) General customer service obligations: | ||||||
16 | (1) Cable or video providers shall render reasonably | ||||||
17 | efficient service, promptly make repairs, and interrupt | ||||||
18 | service only as necessary and for good cause, during | ||||||
19 | periods of minimum use of the system and for no more than | ||||||
20 | 24 hours. | ||||||
21 | (2) All service representatives or any other person who | ||||||
22 | contacts customers or potential customers on behalf of the | ||||||
23 | cable or video provider shall have a visible identification | ||||||
24 | card with their name and photograph and shall orally | ||||||
25 | identify themselves upon first contact with the customer. | ||||||
26 | Customer service representatives shall orally identify |
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1 | themselves to callers immediately following the greeting | ||||||
2 | during each telephone contact with the public. | ||||||
3 | (3) The cable or video providers shall: (i) maintain a | ||||||
4 | customer service facility within the boundaries of a local | ||||||
5 | unit of government staffed by customer service | ||||||
6 | representatives that have the capacity to accept payment, | ||||||
7 | adjust bills, and respond to repair, installation, | ||||||
8 | reconnection, disconnection, or other service calls and | ||||||
9 | distribute or receive converter boxes, remote control | ||||||
10 | units, digital stereo units, or other equipment related to | ||||||
11 | the provision of cable or video service; (ii) provide | ||||||
12 | customers with bill payment facilities through retail, | ||||||
13 | financial, or other commercial institutions located within | ||||||
14 | the boundaries of a local unit of government; (iii) provide | ||||||
15 | an address, toll-free telephone number or electronic | ||||||
16 | address to accept bill payments and correspondence and | ||||||
17 | provide secure collection boxes for the receipt of bill | ||||||
18 | payments and the return of equipment, provided that if a | ||||||
19 | cable or video provider provides secure collection boxes, | ||||||
20 | it shall provide a printed receipt when items are | ||||||
21 | deposited; or (iv) provide an address, toll-free telephone | ||||||
22 | number, or electronic address to accept bill payments and | ||||||
23 | correspondence and provide a method for customers to return | ||||||
24 | equipment to the cable or video provider at no cost to the | ||||||
25 | customer. | ||||||
26 | (4) In each contact with a customer, the service |
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1 | representatives or any other person who contacts customers | ||||||
2 | or potential customers on behalf of the cable or video | ||||||
3 | provider shall state the estimated cost of the service, | ||||||
4 | repair, or installation orally prior to delivery of the | ||||||
5 | service or before any work is performed, shall provide the | ||||||
6 | customer with an oral statement of the total charges before | ||||||
7 | terminating the telephone call or other contact in which a | ||||||
8 | service is ordered, whether in-person or over the Internet, | ||||||
9 | and shall provide a written statement of the total charges | ||||||
10 | before leaving the location at which the work was | ||||||
11 | performed. In the event that the cost of service is a | ||||||
12 | promotional price or is for a limited period of time, the | ||||||
13 | cost of service at the end of the promotion or limited | ||||||
14 | period of time shall be disclosed. | ||||||
15 | (5) Cable or video providers shall provide customers a | ||||||
16 | minimum of 30 days' written notice before increasing rates | ||||||
17 | or eliminating transmission of programming and shall | ||||||
18 | submit the notice to the local unit of government in | ||||||
19 | advance of distribution to customers, provided that the | ||||||
20 | cable or video provider is not in violation of this | ||||||
21 | provision if the elimination of transmission of | ||||||
22 | programming was outside the control of the provider, in | ||||||
23 | which case the provider shall use reasonable efforts to | ||||||
24 | provide as much notice as possible, and any rate decrease | ||||||
25 | related to the elimination of transmission of programming | ||||||
26 | shall be applied to the date of the change. |
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1 | (6) Cable or video providers shall provide clear visual | ||||||
2 | and audio reception that meets or exceeds applicable | ||||||
3 | Federal Communications Commission technical standards. If | ||||||
4 | a customer experiences poor video or audio reception due to | ||||||
5 | the equipment of the cable or video provider, the cable or | ||||||
6 | video provider shall promptly repair the problem at its own | ||||||
7 | expense. | ||||||
8 | (c) Bills, payment, and termination: | ||||||
9 | (1) Cable or video providers shall render monthly bills | ||||||
10 | that are clear, accurate, and understandable. | ||||||
11 | (2) Every residential customer who pays bills directly | ||||||
12 | to the cable or video provider shall have at least 28 days | ||||||
13 | from the date of the bill to pay the listed charges. | ||||||
14 | (3) Customer payments shall be posted promptly. When | ||||||
15 | the payment is sent by United States mail, payment is | ||||||
16 | considered paid on the date it is postmarked. | ||||||
17 | (4) Cable or video providers may not terminate | ||||||
18 | residential service for nonpayment of a bill unless the | ||||||
19 | cable or video provider furnishes notice of the delinquency | ||||||
20 | and impending termination at least 21 days prior to the | ||||||
21 | proposed termination. Notice of proposed termination shall | ||||||
22 | be mailed, postage prepaid, to the customer to whom service | ||||||
23 | is billed. Notice of proposed termination shall not be | ||||||
24 | mailed until the 29th day after the date of the bill for | ||||||
25 | services. Notice of delinquency and impending termination | ||||||
26 | may be part of a billing statement only if the notice is |
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1 | presented in a different color than the bill and is | ||||||
2 | designed to be conspicuous. The cable or video providers | ||||||
3 | may not assess a late fee prior to the 29th 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. No customer | ||||||
13 | may be charged a fee for termination or disconnection of | ||||||
14 | service, irrespective of whether the customer initiated | ||||||
15 | termination or disconnection or the cable or video provider | ||||||
16 | initiated termination or disconnection. | ||||||
17 | (6) Service may only be terminated on days when the | ||||||
18 | customer is able to reach a service representative of the | ||||||
19 | cable or video providers, either in person or by telephone. | ||||||
20 | (7) Any service terminated by a cable or video provider | ||||||
21 | without good cause shall be restored without any | ||||||
22 | reconnection fee, charge, or penalty; good cause for | ||||||
23 | termination includes, but is not limited to, failure to pay | ||||||
24 | a bill by the date specified in the notice of impending | ||||||
25 | termination, payment by check for which there are | ||||||
26 | insufficient funds, theft of service, abuse of equipment or |
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1 | personnel, or other similar subscriber actions. | ||||||
2 | (8) Cable or video providers shall cease charging a | ||||||
3 | customer for any or all services within one
business day | ||||||
4 | after it receives a request to immediately terminate | ||||||
5 | service or on the day requested by the customer if such a | ||||||
6 | date is at least 5 days from the date requested by the | ||||||
7 | customer. Nothing in this subsection (c) shall prohibit the | ||||||
8 | provider from billing for charges that the customer incurs | ||||||
9 | prior to the date of termination. Cable or video providers | ||||||
10 | shall issue a credit or a refund or return a deposit within | ||||||
11 | 10 business days after the close of the customer's billing | ||||||
12 | cycle following the request for termination or the return | ||||||
13 | of equipment, if any, whichever is later. | ||||||
14 | (9) The customers or subscribers of a cable or video | ||||||
15 | provider shall be allowed to disconnect their service at | ||||||
16 | any time within the first 60 days after subscribing to or | ||||||
17 | upgrading the service. Within this 60-day period, cable or | ||||||
18 | video providers shall not charge or impose any fees or | ||||||
19 | penalties on the customer for disconnecting service, | ||||||
20 | including, but not limited to, any installation charge or | ||||||
21 | the imposition of an early termination charge, except the | ||||||
22 | cable or video provider may impose a charge or fee to | ||||||
23 | offset any rebates or credits received by the customer and | ||||||
24 | may impose monthly service or maintenance charges, | ||||||
25 | including pay-per-view and premium services charges, | ||||||
26 | during such 60-day period. |
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1 | (10) Cable and video providers shall guarantee | ||||||
2 | customer satisfaction for new or upgraded service and the | ||||||
3 | customer shall receive a pro-rata credit in an amount equal | ||||||
4 | to the pro-rata charge for the remaining days of service | ||||||
5 | being disconnected or replaced upon the customers request | ||||||
6 | if the customer is dissatisfied with the service and | ||||||
7 | requests to discontinue the service within the first 60 | ||||||
8 | days after subscribing to the upgraded service. | ||||||
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 10% of the estimated cost without the written | ||||||
19 | consent of 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. | ||||||
10 | (6) Under normal operating conditions, the cable or | ||||||
11 | video provider's customers will receive a busy signal less | ||||||
12 | than 3% of the time. | ||||||
13 | (e) Under normal operating conditions, each of the | ||||||
14 | following standards related to installations, outages, and | ||||||
15 | service calls will be met no less than 95% of the time measured | ||||||
16 | on a quarterly basis: | ||||||
17 | (1) Standard installations will be performed within 7 | ||||||
18 | business days after an order has been placed. "Standard" | ||||||
19 | installations are those that are located up to 125 feet | ||||||
20 | from the existing distribution system. | ||||||
21 | (2) Excluding conditions beyond the control of the | ||||||
22 | cable or video providers, the cable or video providers will | ||||||
23 | begin working on "service interruptions" promptly and in no | ||||||
24 | event later than 24 hours after the interruption is | ||||||
25 | reported by the customer or otherwise becomes known to the | ||||||
26 | cable or video providers. Cable or video providers must |
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1 | begin actions to correct other service problems the next | ||||||
2 | business day after notification of the service problem and | ||||||
3 | correct the problem within 48 hours after the interruption | ||||||
4 | is reported by the customer 95% of the time, measured on a | ||||||
5 | quarterly basis. | ||||||
6 | (3) The "appointment window" alternatives for | ||||||
7 | installations, service calls, and other installation | ||||||
8 | activities will be either a specific time or, at a maximum, | ||||||
9 | a 4-hour
time block during evening, weekend, and normal | ||||||
10 | business hours. The cable or video provider may schedule | ||||||
11 | service calls and other installation activities outside of | ||||||
12 | these hours for the express convenience of the customer. | ||||||
13 | (4) Cable or video providers may not cancel an | ||||||
14 | appointment with a customer after 5:00 p.m. on the business | ||||||
15 | day prior to the scheduled appointment. If the cable or | ||||||
16 | video provider's representative is running late for an | ||||||
17 | appointment with a customer and will not be able to keep | ||||||
18 | the appointment as scheduled, the customer will be | ||||||
19 | contacted. The appointment will be rescheduled, as | ||||||
20 | necessary, at a time that
is convenient for the customer, | ||||||
21 | even if the rescheduled appointment is not within normal | ||||||
22 | business hours. | ||||||
23 | (f) Public benefit obligation: | ||||||
24 | (1) All cable or video providers offering service | ||||||
25 | pursuant to the Cable and Video Competition Law of 2007, | ||||||
26 | the Illinois Municipal Code, or the Counties Code shall |
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1 | provide a free service line drop and free basic service to | ||||||
2 | all current and future public buildings within their | ||||||
3 | footprint, including, but not limited to, all local unit of | ||||||
4 | government buildings, public libraries, and public primary | ||||||
5 | and secondary schools, whether owned or leased by that | ||||||
6 | local unit of government ("eligible buildings"). Such | ||||||
7 | service shall be used in a manner consistent with the | ||||||
8 | government purpose for the eligible building and shall not | ||||||
9 | be resold. | ||||||
10 | (2) This obligation only applies to those cable or | ||||||
11 | video service providers whose cable service or video | ||||||
12 | service systems pass eligible buildings and its cable or | ||||||
13 | video service is generally available to residential | ||||||
14 | subscribers in the same local unit of government in which | ||||||
15 | the eligible building is located. The burden of providing | ||||||
16 | such service at each eligible building shall be shared by | ||||||
17 | all cable and video providers whose systems pass the | ||||||
18 | eligible buildings in an equitable and competitively | ||||||
19 | neutral manner, and nothing herein shall require | ||||||
20 | duplicative installations by more than one cable or video | ||||||
21 | provider at each eligible building. Cable or video | ||||||
22 | providers operating in a local unit of government shall | ||||||
23 | meet as necessary and determine who will provide service to | ||||||
24 | eligible buildings under this subsection (f). If the cable | ||||||
25 | or video providers are unable to reach an agreement, they | ||||||
26 | shall meet with the local unit of government, which shall |
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1 | determine which cable or video providers will serve each | ||||||
2 | eligible building. The local unit of government shall bear | ||||||
3 | the costs of any inside wiring or video equipment costs not | ||||||
4 | ordinarily provided as part of the cable or video | ||||||
5 | provider's basic offering. | ||||||
6 | (g) After the cable or video providers have offered service | ||||||
7 | for one year, the cable or video providers shall make an annual | ||||||
8 | report to the Commission, to the local unit of government, and | ||||||
9 | to the Attorney General that it is meeting the standards | ||||||
10 | specified in this Article, identifying the number of complaints | ||||||
11 | it received over the prior year in the State and specifying the | ||||||
12 | number of complaints related to each of the following: (1) | ||||||
13 | billing, charges, refunds, and credits; (2) installation or | ||||||
14 | termination of service; (3) quality of service and repair; (4) | ||||||
15 | programming; and (5) miscellaneous complaints that do not fall | ||||||
16 | within these categories. Thereafter, the cable or video | ||||||
17 | providers shall also provide, upon request by the local unit of | ||||||
18 | government where service is offered and to the Attorney | ||||||
19 | General, an annual public report that includes performance data | ||||||
20 | described in subdivisions (5) and (6) of subsection (d) and | ||||||
21 | subdivisions (1) and (2) of subsection (e)
of this Section for | ||||||
22 | cable services or video services. The performance data shall be | ||||||
23 | disaggregated for each requesting local unit of government or | ||||||
24 | local exchange, as that term is defined in Section 13-206 of | ||||||
25 | this
Act, in which the cable or video providers have customers. | ||||||
26 | (h) To the extent consistent with federal law, cable or |
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1 | video providers shall offer the lowest-cost basic cable or | ||||||
2 | video service as a stand-alone service to residential customers | ||||||
3 | at reasonable rates. Cable or video providers shall not require | ||||||
4 | the subscription to any service other than the lowest-cost | ||||||
5 | basic service or to any telecommunications or information | ||||||
6 | service, as a condition of access to cable or video service, | ||||||
7 | including programming offered on a per channel or per program | ||||||
8 | basis. Cable or video providers shall not discriminate between | ||||||
9 | subscribers to the lowest-cost basic service, subscribers to | ||||||
10 | other cable services or video services, and other subscribers | ||||||
11 | with regard to the rates charged for cable or video programming | ||||||
12 | offered on a per channel or per program basis. | ||||||
13 | (i) To the extent consistent with federal law, cable or | ||||||
14 | video providers shall ensure that charges for changes in the | ||||||
15 | subscriber's selection of services or equipment shall be based | ||||||
16 | on the cost of such change and shall not exceed nominal amounts | ||||||
17 | when the system's configuration permits changes in service tier | ||||||
18 | selection to be effected solely by coded entry on a computer | ||||||
19 | terminal or by other similarly simple method. | ||||||
20 | (j) To the extent consistent with federal law, cable or | ||||||
21 | video providers shall have a rate structure for the provision | ||||||
22 | of cable or video service that is uniform throughout the area | ||||||
23 | within the boundaries of the local unit of government. This | ||||||
24 | subsection (j) is not intended to prohibit bulk discounts to | ||||||
25 | multiple dwelling units or to prohibit reasonable discounts to | ||||||
26 | senior citizens or other economically disadvantaged groups. |
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| |||||||
1 | (k) To the extent consistent with federal law, cable or | ||||||
2 | video providers shall not charge a subscriber for any service | ||||||
3 | or equipment that the subscriber has not affirmatively | ||||||
4 | requested by name. For purposes of this subsection (k), a | ||||||
5 | subscriber's failure to refuse a cable or video provider's | ||||||
6 | proposal to provide service or equipment shall not be deemed to | ||||||
7 | be an affirmative request for such service or equipment. | ||||||
8 | (l) No contract or service offering cable services or video | ||||||
9 | services or any bundle including such services shall be for a | ||||||
10 | term longer than 2 years one year . Any contract or service | ||||||
11 | offering with a term of service that contains an early | ||||||
12 | termination fee shall limit the early termination fee to not | ||||||
13 | more than the amount of the discount reflected in the price for | ||||||
14 | cable services or video services for the period during which | ||||||
15 | the consumer benefited from the discount. | ||||||
16 | (m) Cable or video providers shall not discriminate in the | ||||||
17 | provision of services for the hearing and visually impaired, | ||||||
18 | and shall comply with the accessibility requirements of 47 | ||||||
19 | U.S.C. 613. Cable or video providers shall deliver and pick-up | ||||||
20 | or provide customers with pre-paid shipping and packaging for | ||||||
21 | the return of converters and other necessary equipment at the | ||||||
22 | home of customers with disabilities. Cable or video providers | ||||||
23 | shall provide free use of a converter or remote control unit to | ||||||
24 | mobility impaired customers. | ||||||
25 | (n)(1) To the extent consistent with federal law, cable or | ||||||
26 | video providers shall comply with the provisions of 47 U.S.C. |
| |||||||
| |||||||
1 | 532(h) and (j). The cable or video providers shall not exercise | ||||||
2 | any editorial control over any video programming provided | ||||||
3 | pursuant to this Section, or in any other way consider the | ||||||
4 | content of such programming, except that a cable or video | ||||||
5 | provider may refuse to transmit any leased access program or | ||||||
6 | portion of a leased access program that
contains obscenity, | ||||||
7 | indecency, or nudity and may consider such content to the | ||||||
8 | minimum extent necessary to establish a reasonable price for | ||||||
9 | the commercial use of designated channel capacity by an | ||||||
10 | unaffiliated person. This subsection (n) shall permit cable or | ||||||
11 | video providers to enforce prospectively a written and | ||||||
12 | published policy of prohibiting programming that the cable or | ||||||
13 | video provider reasonably believes describes or depicts sexual | ||||||
14 | or excretory activities or organs in a patently offensive | ||||||
15 | manner as measured by contemporary community standards. | ||||||
16 | (2) Upon customer request, the cable or video provider | ||||||
17 | shall, without charge, fully scramble or otherwise fully | ||||||
18 | block the audio and video programming of each channel | ||||||
19 | carrying such programming so that a person who is not a | ||||||
20 | subscriber does not receive the channel or programming. | ||||||
21 | (3) In providing sexually explicit adult programming | ||||||
22 | or other programming that is indecent on any channel of its | ||||||
23 | service primarily dedicated to sexually oriented | ||||||
24 | programming, the cable or video provider shall fully | ||||||
25 | scramble or otherwise fully block the video and audio | ||||||
26 | portion of such channel so that a person who is
not a |
| |||||||
| |||||||
1 | subscriber to such channel or programming does not receive | ||||||
2 | it. | ||||||
3 | (4) Scramble means to rearrange the content of the | ||||||
4 | signal of the programming so that the programming cannot be | ||||||
5 | viewed or heard in an understandable manner. | ||||||
6 | (o) Cable or video providers will maintain a listing, | ||||||
7 | specific to the level of street address, of the areas where its | ||||||
8 | cable or video services are available. Customers who inquire | ||||||
9 | about purchasing cable or video service shall be informed about | ||||||
10 | whether the cable or video provider's cable or video services | ||||||
11 | are currently available to them at their specific location. | ||||||
12 | (p) Cable or video providers shall not disclose the name, | ||||||
13 | address, telephone number or other personally identifying | ||||||
14 | information of a cable service or video service customer to be | ||||||
15 | used in mailing lists or to be used for other commercial | ||||||
16 | purposes not reasonably related to the conduct of its business | ||||||
17 | unless the cable or video provider has provided to the customer | ||||||
18 | a notice, separately or included in any other customer service | ||||||
19 | notice, that clearly and conspicuously describes the | ||||||
20 | customer's ability to prohibit the disclosure. Cable or video | ||||||
21 | providers shall provide an address and telephone number for a | ||||||
22 | customer to use without a toll charge to prevent disclosure of | ||||||
23 | the customer's name and address in mailing lists or for other | ||||||
24 | commercial purposes not reasonably related to the conduct of | ||||||
25 | its business to other businesses or affiliates of the cable or | ||||||
26 | video provider. Cable or video providers shall comply with the |
| |||||||
| |||||||
1 | consumer privacy requirements of the Communications Consumer | ||||||
2 | Privacy Act, the Restricted Call Registry Act, and 47 U.S.C. | ||||||
3 | 551 that are in effect as of June 30, 2007 (the effective date | ||||||
4 | of Public Act 95-9)
and as amended thereafter. | ||||||
5 | (q) Cable or video providers shall implement an informal | ||||||
6 | process for handling inquiries from local units of government | ||||||
7 | and customers concerning billing issues, service issues, | ||||||
8 | privacy concerns, and other consumer complaints. In the event | ||||||
9 | that an issue is not resolved through this informal process, a | ||||||
10 | local unit of government or the customer may request nonbinding | ||||||
11 | mediation with the cable or video provider, with each party to | ||||||
12 | bear its own costs of such mediation. Selection of the mediator | ||||||
13 | will be by mutual agreement, and preference will be given to | ||||||
14 | mediation services that do not charge the consumer for their | ||||||
15 | services. In the event that the informal process does not | ||||||
16 | produce a satisfactory result to the customer or the local unit | ||||||
17 | of government, enforcement may be pursued as provided in | ||||||
18 | subdivision (4) of subsection (r) of this Section. | ||||||
19 | (r) The Attorney General and the local unit of government | ||||||
20 | may enforce all of the customer service and privacy protection | ||||||
21 | standards of this Section with respect to complaints received | ||||||
22 | from residents within the local unit of government's | ||||||
23 | jurisdiction, but it may not adopt or seek to enforce any | ||||||
24 | additional or different customer service or performance | ||||||
25 | standards under any other authority or provision of law. | ||||||
26 | (1) The local unit of government may, by ordinance, |
| |||||||
| |||||||
1 | provide a schedule of penalties for any material breach of | ||||||
2 | this Section by cable or video providers in addition to the | ||||||
3 | penalties provided herein. No monetary penalties shall be | ||||||
4 | assessed for a material breach if it is out of the | ||||||
5 | reasonable control of the cable or video providers or its | ||||||
6 | affiliate. Monetary penalties adopted in an ordinance | ||||||
7 | pursuant to this Section shall apply on a competitively | ||||||
8 | neutral basis to all providers of cable service or video | ||||||
9 | service within the local unit of government's | ||||||
10 | jurisdiction. In
no event shall the penalties imposed under | ||||||
11 | this subsection (r) exceed $750 for each day of the | ||||||
12 | material breach, and these penalties shall not exceed | ||||||
13 | $25,000 for each occurrence of a material breach per | ||||||
14 | customer. | ||||||
15 | (2) For purposes of this Section, "material breach" | ||||||
16 | means any substantial
failure of a cable or video service | ||||||
17 | provider to comply with service quality and other standards | ||||||
18 | specified in any provision of this Act. The Attorney | ||||||
19 | General or the local unit of government shall give the | ||||||
20 | cable or video provider written notice of any alleged | ||||||
21 | material breaches of this Act and allow such provider at | ||||||
22 | least 30 days from receipt of the notice to remedy the | ||||||
23 | specified material breach. | ||||||
24 | (3) A material breach, for the purposes of assessing | ||||||
25 | penalties, shall be deemed to have occurred for each day | ||||||
26 | that a material breach has not been remedied by the cable |
| |||||||
| |||||||
1 | service or video service provider after the expiration of | ||||||
2 | the period specified in subdivision (2) of this subsection | ||||||
3 | (r)
in each local unit of government's jurisdiction, | ||||||
4 | irrespective of the number of customers affected. | ||||||
5 | (4) Any customer, the Attorney General, or a local unit | ||||||
6 | of government may pursue alleged violations of this Act by | ||||||
7 | the cable or video provider in a court of competent | ||||||
8 | jurisdiction. A cable or video provider may seek judicial | ||||||
9 | review of a decision of a local unit of government imposing | ||||||
10 | penalties in a court of competent jurisdiction. No local | ||||||
11 | unit of government shall be subject to suit for damages or | ||||||
12 | other relief based upon its action in connection with its | ||||||
13 | enforcement or review of any of the terms, conditions, and | ||||||
14 | rights contained in this Act except a court may require the | ||||||
15 | return of any penalty it finds was not properly assessed or | ||||||
16 | imposed. | ||||||
17 | (s) Cable or video providers shall credit customers for | ||||||
18 | violations in the amounts stated herein. The credits shall be | ||||||
19 | applied on the statement issued to the customer for the next | ||||||
20 | monthly billing cycle following the violation or following the | ||||||
21 | discovery of the violation. Cable or video providers are | ||||||
22 | responsible for providing the credits described herein and the | ||||||
23 | customer is under no obligation to request the credit. If the | ||||||
24 | customer is no longer taking service from the cable or video | ||||||
25 | provider, the credit amount will be refunded to the customer by | ||||||
26 | check within 30 days of the termination of service. A local |
| |||||||
| |||||||
1 | unit of government may, by ordinance, adopt a schedule of | ||||||
2 | credits payable directly to customers for breach of the | ||||||
3 | customer service standards and obligations contained in this | ||||||
4 | Article, provided the schedule of customer credits applies on a | ||||||
5 | competitively neutral basis to all providers of cable service | ||||||
6 | or video service in the local unit of government's jurisdiction | ||||||
7 | and the credits are not greater than the credits provided in | ||||||
8 | this Section. | ||||||
9 | (1) Failure to provide notice of customer service | ||||||
10 | standards upon initiation of service: $25.00. | ||||||
11 | (2) Failure to install service within 7 days: Waiver of | ||||||
12 | 50% of the installation fee or the monthly fee for the | ||||||
13 | lowest-cost basic service, whichever is greater. Failure | ||||||
14 | to install service within 14 days: Waiver of 100% of the | ||||||
15 | installation fee or the monthly fee for the lowest-cost | ||||||
16 | basic service, whichever is greater. | ||||||
17 | (3) Failure to remedy service interruptions or poor | ||||||
18 | video or audio service quality within 48 hours: Pro-rata | ||||||
19 | credit of total regular monthly charges equal to the number | ||||||
20 | of days of the service interruption. | ||||||
21 | (4) Failure to keep an appointment or to notify the | ||||||
22 | customer prior to the close of business on the business day | ||||||
23 | prior to the scheduled appointment: $25.00. | ||||||
24 | (5) Violation of privacy protections: $150.00. | ||||||
25 | (6) Failure to comply with scrambling requirements: | ||||||
26 | $50.00 per month. |
| |||||||
| |||||||
1 | (7) Violation of customer service and billing | ||||||
2 | standards in subsections (c) and (d) of this Section: | ||||||
3 | $25.00 per occurrence. | ||||||
4 | (8) Violation of the bundling rules in subsection
(h) | ||||||
5 | of this Section: $25.00 per month. | ||||||
6 | (t) The enforcement powers granted to the Attorney General | ||||||
7 | in Article XXI of this
Act shall apply to this Article, except | ||||||
8 | that the Attorney General may not seek penalties for violation | ||||||
9 | of this Article
other than in the amounts specified herein. | ||||||
10 | Nothing in this Section shall limit or affect the powers of the | ||||||
11 | Attorney General to enforce the provisions of Article XXI
of | ||||||
12 | this
Act or the Consumer Fraud and Deceptive Business Practices | ||||||
13 | Act. | ||||||
14 | (u) This Article
applies to all cable and video providers | ||||||
15 | in the State, including but not limited to those operating | ||||||
16 | under a local franchise as that term is used in 47 U.S.C. | ||||||
17 | 522(9), those operating under authorization pursuant to | ||||||
18 | Section 11-42-11 of the Illinois Municipal Code, those | ||||||
19 | operating under authorization pursuant to Section 5-1095 of the | ||||||
20 | Counties Code, and those operating under a State-issued | ||||||
21 | authorization pursuant to Article XXI of this
Act.
| ||||||
22 | (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
| ||||||
23 | Section 99. Effective date. This Act takes effect upon | ||||||
24 | becoming law.
|