Bill Text: IL SB1664 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Regulatory Sunset Act. Extends the repeal of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 from January 1, 2014 to January 1, 2024. Amends the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. Makes changes to provisions concerning definitions, legislative intent, issuance of license, unlawful acts, exemptions, qualifications for licensure under the Act, training for private security contractors and employees, uniforms, consumer protection, inspection of facilities, renewal of licenses, employee requirements, employment requirements, requirement for a firearm control card and training, armed proprietary security forces, injunctive relief, discipline, submission to physical or mental examination, complaints, investigations, and hearings, suspension of licenses, restoration of licenses, unlicensed practice, the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Board, powers and duties of the Department of Financial and Professional Regulation, and confidentiality. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 51-27)

Status: (Passed) 2013-06-28 - Public Act . . . . . . . . . 98-0045 [SB1664 Detail]

Download: Illinois-2013-SB1664-Amended.html

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Rep. Kelly Burke

Filed: 5/26/2013

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AMENDMENT TO SENATE BILL 1664
AMENDMENT NO. ______. Amend Senate Bill 1664 by replacing
everything after the enacting clause with the following:
"Section 5. The Wireless Emergency Telephone Safety Act is
amended by changing Section 70 and by adding Section 85 as
follows:
(50 ILCS 751/70)
(Section scheduled to be repealed on July 1, 2013)
Sec. 70. Repealer. This Act is repealed on July 1, 2014
2013.
(Source: P.A. 97-1163, eff. 2-4-13.)
(50 ILCS 751/85 new)
Sec. 85. 9-1-1 Services Advisory Board. There is hereby
created the 9-1-1 Services Advisory Board. The Board shall work
with the Commission to determine the 9-1-1 costs necessary for

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every 9-1-1 system to adequately function and shall submit, by
February 1, 2014, recommendations on whether there is a need to
consolidate 9-1-1 functions to the General Assembly. The Board
shall consist of 11 members appointed by the Governor as
follows:
(1) the Executive Director of the Illinois Commerce
Commission, or his or her designee;
(2) one member representing the Illinois chapter of the
National Emergency Number Association;
(3) one member representing the Illinois chapter of the
Association of Public-Safety Communications Officials;
(4) one member representing a county 9-1-1 system from
a county with a population of 50,000 or less;
(5) one member representing a county 9-1-1 system from
a county with a population between 50,000 and 250,000;
(6) one member representing a county 9-1-1 system from
a county with a population of 250,000 or more;
(7) one member representing an incumbent local
exchange 9-1-1 system provider;
(8) one member representing a non-incumbent local
exchange 9-1-1 system provider;
(9) one member representing a large wireless carrier;
(10) one member representing a small wireless carrier;
and
(11) one member representing the Illinois
Telecommunications Association.

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The Board is abolished on July 1, 2014.
Section 10. The Public Utilities Act is amended by changing
Sections 13-101, 13-501, 13-501.5, 13-503, 13-505, 13-506.2,
13-509, 13-514, 13-515, 13-516, 13-712, 13-1200, 21-401,
21-801, 21-1101, 21-1201, 21-1502, 21-1601, and 22-501 and by
adding Sections 13-802.1 and 21-1502 as follows:
(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-101. Application of Act to telecommunications
rates and services. The Except to the extent modified or
supplemented by the specific provisions of this Article, the
Sections of this Act pertaining to public utilities, public
utility rates and services, and the regulation thereof, are
fully and equally applicable to noncompetitive
telecommunications rates and services, and the regulation
thereof, except to the extent modified or supplemented by the
specific provisions of this Article or where the context
clearly renders such provisions inapplicable. Except to the
extent modified or supplemented by the specific provisions of
this Article, Articles I through IV V, Sections 5-101, 5-106,
5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501,
8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510, 9-221, 9-222,
9-222.1, 9-222.2, 9-241, 9-250, and 9-252.1, and Article X of
this Act are fully and equally applicable to the noncompetitive

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and competitive services of an Electing Provider and to
competitive telecommunications rates and services, and the
regulation thereof except that Section 5-109 shall apply to the
services of an Electing Provider and to competitive
telecommunications rates and services only to the extent that
the Commission requires annual reports authorized by Section
5-109, provided the telecommunications provider may use
generally accepted accounting practices or accounting systems
it uses for financial reporting purposes in the annual report,
and except that Sections 8-505 and 9-250 shall not apply to
competitive retail telecommunications services and Sections
8-501 and 9-241 shall not apply to competitive services; in
addition, as to competitive telecommunications rates and
services, and the regulation thereof, and with the exception of
competitive retail telecommunications service rates and
services, all rules and regulations made by a
telecommunications carrier affecting or pertaining to its
charges or service shall be just and reasonable. As of the
effective date of this amendatory Act of the 92nd General
Assembly, Sections 4-202, 4-203, and 5-202 of this Act shall
cease to apply to telecommunications rates and services.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-501. Tariff; filing.

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(a) No telecommunications carrier shall offer or provide
noncompetitive telecommunications service, telecommunications
service subject to subsection (g) of Section 13-506.2 or
Section 13-900.1 or 13-900.2 of this Act, or telecommunications
service referred to in an interconnection agreement as a
tariffed service unless and until a tariff is filed with the
Commission which describes the nature of the service,
applicable rates and other charges, terms and conditions of
service, and the exchange, exchanges or other geographical area
or areas in which the service shall be offered or provided. The
Commission may prescribe the form of such tariff and any
additional data or information which shall be included therein.
(b) After a hearing regarding a telecommunications service
subject to subsection (a) of this Section, the Commission has
the discretion to impose an interim or permanent tariff on a
telecommunications carrier as part of the order in the case.
When a tariff is imposed as part of the order in a case, the
tariff shall remain in full force and effect until a compliance
tariff, or superseding tariff, is filed by the
telecommunications carrier and, after notice to the parties in
the case and after a compliance hearing is held, is found by
the Commission to be in compliance with the Commission's order.
(c) A telecommunications carrier shall offer or provide
telecommunications service that is not subject to subsection
(a) of this Section pursuant to either a tariff filed with the
Commission or a written service offering that shall be

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available on the telecommunications carrier's website as
required by Section 13-503 of this Act and that describes the
nature of the service, applicable rates and other charges,
terms and conditions of service. Revenue from competitive
retail telecommunications service received by a
telecommunications carrier pursuant to either a tariff or a
written service offering shall be gross revenue for purposes of
Section 2-202 of this Act.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-501.5)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-501.5. Directory assistance service for the blind.
A Within 180 days after the effective date of this amendatory
Act of the 93rd General Assembly, a telecommunications carrier
that provides directory assistance service shall provide in its
tariffs or its written service offering pursuant to subsection
(c) of Section 13-501 of this Act for that service that
directory assistance shall be provided at no charge to its
customers who are legally blind for telephone numbers of
customers located within the same calling area, as described in
the telecommunications carrier's tariff.
(Source: P.A. 93-82, eff. 7-2-03.)
(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
(Section scheduled to be repealed on July 1, 2013)

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Sec. 13-503. Information available to the public. With
respect to rates or other charges made, demanded, or received
for any telecommunications service offered, provided, or to be
provided, that is subject to subsection (a) of Section 13-501
of this Act whether such service is competitive or
noncompetitive, telecommunications carriers shall comply with
the publication and filing provisions of Sections 9-101, 9-102,
9-102.1, and 9-201 of this Act 9-103. Except for the provision
of services offered or provided by payphone providers pursuant
to a tariff, telecommunications Telecommunications carriers
shall make all tariffs and all written service offerings for
competitive telecommunications service available
electronically to the public without requiring a password or
other means of registration. A telecommunications carrier's
website shall, if applicable, provide in a conspicuous manner
information on the rates, charges, terms, and conditions of
service available and a toll-free telephone number that may be
used to contact an agent for assistance with obtaining rate or
other charge information or the terms and conditions of
service.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-505. Rate changes; competitive services. Any
proposed increase or decrease in rates or charges, or proposed

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change in any classification, written service offering, or
tariff resulting in an increase or decrease in rates or
charges, for a competitive telecommunications service shall be
permitted upon the filing with the Commission or posting on the
telecommunications carrier's website of the proposed rate,
charge, classification, written service offering, or tariff
pursuant to Section 13-501 of this Act. Notice of an increase
shall be given, no later than the prior billing cycle, to all
potentially affected customers by mail, publication in a
newspaper of general circulation, or equivalent means of
notice, including electronic if the customer has elected
electronic billing. Additional notice by publication in a
newspaper of general circulation may also be given.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-506.2)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-506.2. Market regulation for competitive retail
services.
(a) Definitions. As used in this Section:
(1) "Electing Provider" means a telecommunications
carrier that is subject to either rate regulation pursuant
to Section 13-504 or Section 13-505 or alternative
regulation pursuant to Section 13-506.1 and that elects to
have the rates, terms, and conditions of its competitive
retail telecommunications services solely determined and

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regulated pursuant to the terms of this Article.
(2) "Basic local exchange service" means either a
stand-alone residence network access line and per-call
usage or, for any geographic area in which such stand-alone
service is not offered, a stand-alone flat rate residence
network access line for which local calls are not charged
for frequency or duration. Extended Area Service shall be
included in basic local exchange service.
(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.

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(c) Competitive classification. Market regulation shall
only 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.
(2) For those geographic areas in which residential

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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

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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

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(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) 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

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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) 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

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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

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notice of election pursuant to subsection (b) of this
Section.
(4) 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) 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

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access lines.
(6) 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.
(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 the

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consumer choice safe harbor options 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

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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

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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

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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;

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(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

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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

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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

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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

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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 upon election for market
regulation. 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

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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 of the Electing Provider's competitive retail
telecommunications services. No telecommunications carrier
Electing Provider 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 an Electing Provider.
(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

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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,

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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

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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). Tariffs. No Electing Provider shall offer or
provide telecommunications service unless and until a tariff is
filed with the Commission that describes the nature of the
service, applicable rates and other charges, terms, and
conditions of service and the exchange, exchanges, or other
geographical area or areas in which the service shall be
offered or provided. The Commission may prescribe the form of
such tariff and any additional data or information that shall
be included in the form. Revenue from retail competitive
services received from an Electing Provider pursuant to such
tariffs shall be gross revenue for purposes of Section 2-202 of
this Act.
(j) Application of Article VII. The provisions of Sections

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7-101, 7-102, 7-103, 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 real property that is not necessary or useful
in the performance of its duties to the public.
(k) Notwithstanding other provisions of this Section, the
Commission retains its existing authority to enforce the
provisions, conditions, and requirements of the following
Sections of this Article: 13-101, 13-103, 13-201, 13-301,
13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,

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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 96th 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, 13-501, 13-502, 13-502.5,
13-503, 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. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-509. Agreements for provisions of competitive
telecommunications services differing from tariffs or written
service offerings. A telecommunications carrier may negotiate
with customers or prospective customers to provide competitive
telecommunications service, and in so doing, may offer or agree

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to provide such service on such terms and for such rates or
charges as are reasonable, without regard to any tariffs it may
have filed with the Commission or written service offerings
posted on the telecommunications carrier's website pursuant to
Section 13-501(c) of this Act with respect to such services.
Upon request of the Commission, the telecommunications carrier
shall submit to the Commission written notice of a list of any
such agreements (which list may be filed electronically) within
the past year. The notice shall identify the general nature of
all such agreements. A copy of each such agreement shall be
provided to the Commission within 10 business days after a
request for review of the agreement is made by the Commission
or is made to the Commission by another telecommunications
carrier or by a party to such agreement.
Any agreement or notice entered into or submitted pursuant
to the provisions of this Section may, in the Commission's
discretion, be accorded proprietary treatment.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-514)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-514. Prohibited Actions of Telecommunications
Carriers. A telecommunications carrier shall not knowingly
impede the development of competition in any
telecommunications service market. The following prohibited
actions are considered per se impediments to the development of

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competition; however, the Commission is not limited in any
manner to these enumerated impediments and may consider other
actions which impede competition to be prohibited:
(1) unreasonably refusing or delaying interconnections or
collocation or providing inferior connections to another
telecommunications carrier;
(2) unreasonably impairing the speed, quality, or
efficiency of services used by another telecommunications
carrier;
(3) unreasonably denying a request of another provider for
information regarding the technical design and features,
geographic coverage, information necessary for the design of
equipment, and traffic capabilities of the local exchange
network except for proprietary information unless such
information is subject to a proprietary agreement or protective
order;
(4) unreasonably delaying access in connecting another
telecommunications carrier to the local exchange network whose
product or service requires novel or specialized access
requirements;
(5) unreasonably refusing or delaying access by any person
to another telecommunications carrier;
(6) unreasonably acting or failing to act in a manner that
has a substantial adverse effect on the ability of another
telecommunications carrier to provide service to its
customers;

09800SB1664ham002 - 35 - LRB098 07471 AMC 46442 a
(7) unreasonably failing to offer services to customers in
a local exchange, where a telecommunications carrier is
certificated to provide service and has entered into an
interconnection agreement for the provision of local exchange
telecommunications services, with the intent to delay or impede
the ability of the incumbent local exchange telecommunications
carrier to provide inter-LATA telecommunications services;
(8) violating the terms of or unreasonably delaying
implementation of an interconnection agreement entered into
pursuant to Section 252 of the federal Telecommunications Act
of 1996 in a manner that unreasonably delays, increases the
cost, or impedes the availability of telecommunications
services to consumers;
(9) unreasonably refusing or delaying access to or
provision of operation support systems to another
telecommunications carrier or providing inferior operation
support systems to another telecommunications carrier;
(10) unreasonably failing to offer network elements that
the Commission or the Federal Communications Commission has
determined must be offered on an unbundled basis to another
telecommunications carrier in a manner consistent with the
Commission's or Federal Communications Commission's orders or
rules requiring such offerings;
(11) violating the obligations of Section 13-801; and
(12) violating an order of the Commission regarding matters
between telecommunications carriers.

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(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-515)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-515. Enforcement.
(a) The following expedited procedures shall be used to
enforce the provisions of Section 13-514 of this Act, provided
that, for a violation of paragraph (8) of Section 13-514 to
qualify for the expedited procedures of this Section, the
violation must be in a manner that unreasonably delays,
increases the cost, or impedes the availability of
telecommunications services to consumers. However, the
Commission, the complainant, and the respondent may mutually
agree to adjust the procedures established in this Section.
(b) (Blank).
(c) No complaint may be filed under this Section until the
complainant has first notified the respondent of the alleged
violation and offered the respondent 48 hours to correct the
situation. Provision of notice and the opportunity to correct
the situation creates a rebuttable presumption of knowledge
under Section 13-514. After the filing of a complaint under
this Section, the parties may agree to follow the mediation
process under Section 10-101.1 of this Act. The time periods
specified in subdivision (d)(7) of this Section shall be tolled
during the time spent in mediation under Section 10-101.1.
(d) A telecommunications carrier may file a complaint with

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the Commission alleging a violation of Section 13-514 in
accordance with this subsection:
(1) The complaint shall be filed with the Chief Clerk
of the Commission and shall be served in hand upon the
respondent, the executive director, and the general
counsel of the Commission at the time of the filing.
(2) A complaint filed under this subsection shall
include a statement that the requirements of subsection (c)
have been fulfilled and that the respondent did not correct
the situation as requested.
(3) Reasonable discovery specific to the issue of the
complaint may commence upon filing of the complaint.
Requests for discovery must be served in hand and responses
to discovery must be provided in hand to the requester
within 14 days after a request for discovery is made.
(4) An answer and any other responsive pleading to the
complaint shall be filed with the Commission and served in
hand at the same time upon the complainant, the executive
director, and the general counsel of the Commission within
7 days after the date on which the complaint is filed.
(5) If the answer or responsive pleading raises the
issue that the complaint violates subsection (i) of this
Section, the complainant may file a reply to such
allegation within 3 days after actual service of such
answer or responsive pleading. Within 4 days after the time
for filing a reply has expired, the hearing officer or

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arbitrator shall either issue a written decision
dismissing the complaint as frivolous in violation of
subsection (i) of this Section including the reasons for
such disposition or shall issue an order directing that the
complaint shall proceed.
(6) A pre-hearing conference shall be held within 14
days after the date on which the complaint is filed.
(7) The hearing shall commence within 30 days of the
date on which the complaint is filed. The hearing may be
conducted by a hearing examiner or by an arbitrator.
Parties and the Commission staff shall be entitled to
present evidence and legal argument in oral or written form
as deemed appropriate by the hearing examiner or
arbitrator. The hearing examiner or arbitrator shall issue
a written decision within 60 days after the date on which
the complaint is filed. The decision shall include reasons
for the disposition of the complaint and, if a violation of
Section 13-514 is found, directions and a deadline for
correction of the violation.
(8) Any party may file a petition requesting the
Commission to review the decision of the hearing examiner
or arbitrator within 5 days of such decision. Any party may
file a response to a petition for review within 3 business
days after actual service of the petition. After the time
for filing of the petition for review, but no later than 15
days after the decision of the hearing examiner or

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arbitrator, the Commission shall decide to adopt the
decision of the hearing examiner or arbitrator or shall
issue its own final order.
(e) If the alleged violation has a substantial adverse
effect on the ability of the complainant to provide service to
customers, the complainant may include in its complaint a
request for an order for emergency relief. The Commission,
acting through its designated hearing examiner or arbitrator,
shall act upon such a request within 2 business days of the
filing of the complaint. An order for emergency relief may be
granted, without an evidentiary hearing, upon a verified
factual showing that the party seeking relief will likely
succeed on the merits, that the party will suffer irreparable
harm in its ability to serve customers if emergency relief is
not granted, and that the order is in the public interest. An
order for emergency relief shall include a finding that the
requirements of this subsection have been fulfilled and shall
specify the directives that must be fulfilled by the respondent
and deadlines for meeting those directives. The decision of the
hearing examiner or arbitrator to grant or deny emergency
relief shall be considered an order of the Commission unless
the Commission enters its own order within 2 calendar days of
the decision of the hearing examiner or arbitrator. The order
for emergency relief may require the responding party to act or
refrain from acting so as to protect the provision of
competitive service offerings to customers. Any action

09800SB1664ham002 - 40 - LRB098 07471 AMC 46442 a
required by an emergency relief order must be technically
feasible and economically reasonable and the respondent must be
given a reasonable period of time to comply with the order.
(f) The Commission is authorized to obtain outside
resources including, but not limited to, arbitrators and
consultants for the purposes of the hearings authorized by this
Section. Any arbitrator or consultant obtained by the
Commission shall be approved by both parties to the hearing.
The cost of such outside resources including, but not limited
to, arbitrators and consultants shall be borne by the parties.
The Commission shall review the bill for reasonableness and
assess the parties for reasonable costs dividing the costs
according to the resolution of the complaint brought under this
Section. Such costs shall be paid by the parties directly to
the arbitrators, consultants, and other providers of outside
resources within 60 days after receiving notice of the
assessments from the Commission. Interest at the statutory rate
shall accrue after expiration of the 60-day period. The
Commission, arbitrators, consultants, or other providers of
outside resources may apply to a court of competent
jurisdiction for an order requiring payment.
(g) The Commission shall assess the parties under this
subsection for all of the Commission's costs of investigation
and conduct of the proceedings brought under this Section
including, but not limited to, the prorated salaries of staff,
attorneys, hearing examiners, and support personnel and

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including any travel and per diem, directly attributable to the
complaint brought pursuant to this Section, but excluding those
costs provided for in subsection (f), dividing the costs
according to the resolution of the complaint brought under this
Section. All assessments made under this subsection shall be
paid into the Public Utility Fund within 60 days after
receiving notice of the assessments from the Commission.
Interest at the statutory rate shall accrue after the
expiration of the 60 day period. The Commission is authorized
to apply to a court of competent jurisdiction for an order
requiring payment.
(h) If the Commission determines that there is an imminent
threat to competition or to the public interest, the Commission
may, notwithstanding any other provision of this Act, seek
temporary, preliminary, or permanent injunctive relief from a
court of competent jurisdiction either prior to or after the
hearing.
(i) A party shall not bring or defend a proceeding brought
under this Section or assert or controvert an issue in a
proceeding brought under this Section, unless there is a
non-frivolous basis for doing so. By presenting a pleading,
written motion, or other paper in complaint or defense of the
actions or inaction of a party under this Section, a party is
certifying to the Commission that to the best of that party's
knowledge, information, and belief, formed after a reasonable
inquiry of the subject matter of the complaint or defense, that

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the complaint or defense is well grounded in law and fact, and
under the circumstances:
(1) it is not being presented to harass the other
party, cause unnecessary delay in the provision of
competitive telecommunications services to consumers, or
create needless increases in the cost of litigation; and
(2) the allegations and other factual contentions have
evidentiary support or, if specifically so identified, are
likely to have evidentiary support after reasonable
opportunity for further investigation or discovery as
defined herein.
(j) If, after notice and a reasonable opportunity to
respond, the Commission determines that subsection (i) has been
violated, the Commission shall impose appropriate sanctions
upon the party or parties that have violated subsection (i) or
are responsible for the violation. The sanctions shall be not
more than $30,000, plus the amount of expenses accrued by the
Commission for conducting the hearing. Payment of sanctions
imposed under this subsection shall be made to the Common
School Fund within 30 days of imposition of such sanctions.
(k) An appeal of a Commission Order made pursuant to this
Section shall not effectuate a stay of the Order unless a court
of competent jurisdiction specifically finds that the party
seeking the stay will likely succeed on the merits, that the
party will suffer irreparable harm without the stay, and that
the stay is in the public interest.

09800SB1664ham002 - 43 - LRB098 07471 AMC 46442 a
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-516)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-516. Enforcement remedies for prohibited actions
by telecommunications carriers.
(a) In addition to any other provision of this Act, all of
the following remedies may be applied for violations of Section
13-514, provided that, for a violation of paragraph (8) of
Section 13-514 to qualify for the remedies in this Section, the
violation must be in a manner that unreasonably delays,
increases the cost, or impedes the availability of
telecommunications services to consumers.:
(1) A Commission order directing the violating
telecommunications carrier to cease and desist from
violating the Act or a Commission order or rule.
(2) Notwithstanding any other provision of this Act,
for a second and any subsequent violation of Section 13-514
committed by a telecommunications carrier after the
effective date of this amendatory Act of the 92nd General
Assembly, the Commission may impose penalties of up to
$30,000 or 0.00825% of the telecommunications carrier's
gross intrastate annual telecommunications revenue,
whichever is greater, per violation unless the
telecommunications carrier has fewer than 35,000
subscriber access lines, in which case the civil penalty

09800SB1664ham002 - 44 - LRB098 07471 AMC 46442 a
may not exceed $2,000 per violation. The second and any
subsequent violation of Section 13-514 need not be of the
same nature or provision of the Section for a penalty to be
imposed. Matters resolved through voluntary mediation
pursuant to Section 10-101.1 shall not be considered as a
violation of Section 13-514 in computing eligibility for
imposition of a penalty under this subdivision (a)(2). Each
day of a continuing offense shall be treated as a separate
violation for purposes of levying any penalty under this
Section. The period for which the penalty shall be levied
shall commence on the day the telecommunications carrier
first violated Section 13-514 or on the day of the notice
provided to the telecommunications carrier pursuant to
subsection (c) of Section 13-515, whichever is later, and
shall continue until the telecommunications carrier is in
compliance with the Commission order. In assessing a
penalty under this subdivision (a)(2), the Commission may
consider mitigating factors, including those specified in
items (1) through (4) of subsection (a) of Section 13-304.
(3) The Commission shall award damages, attorney's
fees, and costs to any telecommunications carrier that was
subjected to a violation of Section 13-514.
(b) The Commission may waive penalties imposed under
subdivision (a)(2) if it makes a written finding as to its
reasons for waiving the penalty. Reasons for waiving a penalty
shall include, but not be limited to, technological

09800SB1664ham002 - 45 - LRB098 07471 AMC 46442 a
infeasibility and acts of God.
(c) The Commission shall establish by rule procedures for
the imposition of remedies under subsection (a) that, at a
minimum, provide for notice, hearing and a written order
relating to the imposition of remedies.
(d) Unless enforcement of an order entered by the
Commission under Section 13-515 otherwise directs or is stayed
by the Commission or by an appellate court reviewing the
Commission's order, at any time after 30 days from the entry of
the order, either the Commission, or the telecommunications
carrier found by the Commission to have been subjected to a
violation of Section 13-514, or both, is authorized to petition
a court of competent jurisdiction for an order at law or in
equity requiring enforcement of the Commission order. The court
shall determine (1) whether the Commission entered the order
identified in the petition and (2) whether the violating
telecommunications carrier has complied with the Commission's
order. A certified copy of a Commission order shall be prima
facie evidence that the Commission entered the order so
certified. Pending the court's resolution of the petition, the
court may award temporary or preliminary injunctive relief, or
such other equitable relief as may be necessary, to effectively
implement and enforce the Commission's order in a timely
manner.
If after a hearing the court finds that the Commission
entered the order identified in the petition and that the

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violating telecommunications carrier has not complied with the
Commission's order, the court shall enter judgment requiring
the violating telecommunications carrier to comply with the
Commission's order and order such relief at law or in equity as
the court deems necessary to effectively implement and enforce
the Commission's order in a timely manner. The court shall also
award to the petitioner, or petitioners, attorney's fees and
costs, which shall be taxed and collected as part of the costs
of the case.
If the court finds that the violating telecommunications
carrier has failed to comply with the timely payment of
damages, attorney's fees, or costs ordered by the Commission,
the court shall order the violating telecommunications carrier
to pay to the telecommunications carrier or carriers awarded
the damages, fees, or costs by the Commission additional
damages for the sake of example and by way of punishment for
the failure to timely comply with the order of the Commission,
unless the court finds a reasonable basis for the violating
telecommunications carrier's failure to make timely payment
according to the Commission's order, in which instance the
court shall establish a new date for payment to be made.
(e) Payment of damages, attorney's fees, and costs imposed
under subsection (a) shall be made within 30 days after
issuance of the Commission order imposing the penalties,
damages, attorney's fees, or costs, unless otherwise directed
by the Commission or a reviewing court under an appeal taken

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pursuant to Article X. Payment of penalties imposed under
subsection (a) shall be made to the Common School Fund within
30 days of issuance of the Commission order imposing the
penalties.
(Source: P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-712)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-712. Basic local exchange service quality;
customer credits.
(a) It is the intent of the General Assembly that every
telecommunications carrier meet minimum service quality
standards in providing noncompetitive basic local exchange
service on a non-discriminatory basis to all classes of
customers.
(b) Definitions:
(1) (Blank).
(2) "Basic local exchange service" means residential
and business lines used for local exchange
telecommunications service as defined in Section 13-204 of
this Act, that have not been classified as competitive
pursuant to either Section 13-502 or subdivision (c)(5) of
Section 13-506.2 of this Act, excluding:
(A) services that employ advanced
telecommunications capability as defined in Section
706(c)(1) of the federal Telecommunications Act of

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1996;
(B) vertical services;
(C) company official lines; and
(D) records work only.
(3) "Link Up" refers to the Link Up Assistance program
defined and established at 47 C.F.R. Section 54.411 et seq.
as amended.
(c) The Commission shall promulgate service quality rules
for basic local exchange service, which may include fines,
penalties, customer credits, and other enforcement mechanisms.
In developing such service quality rules, the Commission shall
consider, at a minimum, the carrier's gross annual intrastate
revenue; the frequency, duration, and recurrence of the
violation; and the relative harm caused to the affected
customer or other users of the network. In imposing fines, the
Commission shall take into account compensation or credits paid
by the telecommunications carrier to its customers pursuant to
this Section in compensation for the violation found pursuant
to this Section. These rules shall become effective within one
year after the effective date of this amendatory Act of the
92nd General Assembly.
(d) The rules shall, at a minimum, require each
telecommunications carrier to do all of the following:
(1) Install basic local exchange service within 5
business days after receipt of an order from the customer
unless the customer requests an installation date that is

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beyond 5 business days after placing the order for basic
service and to inform the customer of its duty to install
service within this timeframe. If installation of service
is requested on or by a date more than 5 business days in
the future, the telecommunications carrier shall install
service by the date requested. A telecommunications
carrier offering basic local exchange service utilizing
the network or network elements of another carrier shall
install new lines for basic local exchange service within 3
business days after provisioning of the line or lines by
the carrier whose network or network elements are being
utilized is complete. This subdivision (d)(1) does not
apply to the migration of a customer between
telecommunications carriers, so long as the customer
maintains dial tone.
(2) Restore basic local exchange service for a customer
within 30 hours of receiving notice that a customer is out
of service. This provision applies to service disruptions
that occur when a customer switches existing basic local
exchange service from one carrier to another.
(3) Keep all repair and installation appointments for
basic local exchange service, when a customer premises
visit requires a customer to be present.
(4) Inform a customer when a repair or installation
appointment requires the customer to be present.
(e) The rules shall include provisions for customers to be

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credited by the telecommunications carrier for violations of
basic local exchange service quality standards as described in
subsection (d). The credits shall be applied on the statement
issued to the customer for the next monthly billing cycle
following the violation or following the discovery of the
violation. The performance levels established in subsection
(c) are solely for the purposes of consumer credits and shall
not be used as performance levels for the purposes of assessing
penalties under Section 13-305. At a minimum, the rules shall
include the following:
(1) If a carrier fails to repair an out-of-service
condition for basic local exchange service within 30 hours,
the carrier shall provide a credit to the customer. If the
service disruption is for over 30 hours but less than 48
hours, the credit must be equal to a pro-rata portion of
the monthly recurring charges for all local services
disrupted. If the service disruption is for more than 48
hours, but not more than 72 hours, the credit must be equal
to at least 33% of one month's recurring charges for all
local services disrupted. If the service disruption is for
more than 72 hours, but not more than 96 hours, the credit
must be equal to at least 67% of one month's recurring
charges for all local services disrupted. If the service
disruption is for more than 96 hours, but not more than 120
hours, the credit must be equal to one month's recurring
charges for all local services disrupted. For each day or

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portion thereof that the service disruption continues
beyond the initial 120-hour period, the carrier shall also
provide an additional credit of $20 per day.
(2) If a carrier fails to install basic local exchange
service as required under subdivision (d)(1), the carrier
shall waive 50% of any installation charges, or in the
absence of an installation charge or where installation is
pursuant to the Link Up program, the carrier shall provide
a credit of $25. If a carrier fails to install service
within 10 business days after the service application is
placed, or fails to install service within 5 business days
after the customer's requested installation date, if the
requested date was more than 5 business days after the date
of the order, the carrier shall waive 100% of the
installation charge, or in the absence of an installation
charge or where installation is provided pursuant to the
Link Up program, the carrier shall provide a credit of $50.
For each day that the failure to install service continues
beyond the initial 10 business days, or beyond 5 business
days after the customer's requested installation date, if
the requested date was more than 5 business days after the
date of the order, the carrier shall also provide an
additional credit of $20 per day until service is
installed.
(3) If a carrier fails to keep a scheduled repair or
installation appointment when a customer premises visit

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requires a customer to be present, the carrier shall credit
the customer $25 per missed appointment. A credit required
by this subsection does not apply when the carrier provides
the customer notice of its inability to keep the
appointment no later than 8 p.m. of the day prior to the
scheduled date of the appointment.
(4) If the violation of a basic local exchange service
quality standard is caused by a carrier other than the
carrier providing retail service to the customer, the
carrier providing retail service to the customer shall
credit the customer as provided in this Section. The
carrier causing the violation shall reimburse the carrier
providing retail service the amount credited the customer.
When applicable, an interconnection agreement shall govern
compensation between the carrier causing the violation, in
whole or in part, and the retail carrier providing the
credit to the customer.
(5) (Blank).
(6) Credits required by this subsection do not apply if
the violation of a service quality standard:
(i) occurs as a result of a negligent or willful
act on the part of the customer;
(ii) occurs as a result of a malfunction of
customer-owned telephone equipment or inside wiring;
(iii) occurs as a result of, or is extended by, an
emergency situation as defined in Commission rules;

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(iv) is extended by the carrier's inability to gain
access to the customer's premises due to the customer
missing an appointment, provided that the violation is
not further extended by the carrier;
(v) occurs as a result of a customer request to
change the scheduled appointment, provided that the
violation is not further extended by the carrier;
(vi) occurs as a result of a carrier's right to
refuse service to a customer as provided in Commission
rules; or
(vii) occurs as a result of a lack of facilities
where a customer requests service at a geographically
remote location, a customer requests service in a
geographic area where the carrier is not currently
offering service, or there are insufficient facilities
to meet the customer's request for service, subject to
a carrier's obligation for reasonable facilities
planning.
(7) The provisions of this subsection are cumulative
and shall not in any way diminish or replace other civil or
administrative remedies available to a customer or a class
of customers.
(f) The rules shall require each telecommunications
carrier to provide to the Commission, on a quarterly basis and
in a form suitable for posting on the Commission's website, a
public report that includes performance data for basic local

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exchange service quality of service. The performance data shall
be disaggregated for each geographic area and each customer
class of the State for which the telecommunications carrier
internally monitored performance data as of a date 120 days
preceding the effective date of this amendatory Act of the 92nd
General Assembly. The report shall include, at a minimum,
performance data on basic local exchange service
installations, lines out of service for more than 30 hours,
carrier response to customer calls, trouble reports, and missed
repair and installation commitments.
(g) The Commission shall establish and implement carrier to
carrier wholesale service quality rules and establish remedies
to ensure enforcement of the rules.
(Source: P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-802.1 new)
Sec. 13-802.1. Depreciation; examination and audit;
agreement conditions; Federal Telecommunications Act of 1996.
(a) In performing any cost analysis authorized pursuant to
this Act, the Commission may ascertain and determine and by
order fix the proper and adequate rate of depreciation of the
property for a telecommunications carrier for the purpose of
such cost analysis.
(b) The Commission may provide for the examination and
audit of all accounts. Items subject to the Commission's
regulatory requirements shall be so allocated in the manner

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prescribed by the Commission. The officers and employees of the
Commission shall have the authority under the direction of the
Commission to inspect and examine any and all books, accounts,
papers, records, and memoranda kept by the telecommunications
carrier.
(c) The Commission is authorized to adopt rules and
regulations concerning the conditions to be contained in and
become a part of contracts for noncompetitive
telecommunications services in a manner consistent with this
Act and federal law.
(d) The Commission shall have the authority to, and shall
engage in, all state regulatory actions needed to implement and
enforce the federal Telecommunications Act of 1996 consistent
with federal law, including, but not limited to, the
negotiation, arbitration, implementation, resolution of
disputes and enforcement of interconnection agreements arising
under Sections 251 and 252 of the federal Telecommunications
Act of 1996.
(220 ILCS 5/13-1200)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13-1200. Repealer. This Article is repealed July 1,
2015 2013.
(Source: P.A. 95-9, eff. 6-30-07; 96-24, eff. 6-30-09; 96-927,
eff. 6-15-10.)

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(220 ILCS 5/21-401)
(Section scheduled to be repealed on October 1, 2013)
Sec. 21-401. Applications.
(a)(1) A person or entity seeking to provide cable service
or video service pursuant to this Article shall not use the
public rights-of-way for the installation or construction of
facilities for the provision of cable service or video service
or offer cable service or video service until it has obtained a
State-issued authorization to offer or provide cable or video
service under this Section, except as provided for in item (2)
of this subsection (a). All cable or video providers offering
or providing service in this State shall have authorization
pursuant to either (i) the Cable and Video Competition Law of
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
5-1095 of the Counties Code (55 ILCS 5/5-1095).
(2) Nothing in this Section shall prohibit a local unit
of government from granting a permit to a person or entity
for the use of the public rights-of-way to install or
construct facilities to provide cable service or video
service, at its sole discretion. No unit of local
government shall be liable for denial or delay of a permit
prior to the issuance of a State-issued authorization.
(b) The application to the Commission for State-issued
authorization shall contain a completed affidavit submitted by
the applicant and signed by an officer or general partner of

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the applicant affirming all of the following:
(1) That the applicant has filed or will timely file
with the Federal Communications Commission all forms
required by that agency in advance of offering cable
service or video service in this State.
(2) That the applicant agrees to comply with all
applicable federal and State statutes and regulations.
(3) That the applicant agrees to comply with all
applicable local unit of government regulations.
(4) An exact description of the cable service or video
service area where the cable service or video service will
be offered during the term of the State-issued
authorization. The service area shall be identified in
terms of either (i) exchanges, as that term is defined in
Section 13-206 of this Act; (ii) a collection of United
States Census Bureau Block numbers (13 digit); (iii) if the
area is smaller than the areas identified in either (i) or
(ii), by geographic information system digital boundaries
meeting or exceeding national map accuracy standards; or
(iv) local unit of government. The description shall
include the number of low-income households within the
service area or footprint. If an applicant is a an
incumbent cable operator, the incumbent cable operator and
any successor-in-interest shall be obligated to provide
access to cable services or video services within any local
units of government at the same levels required by the

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local franchising authorities for the local unit of
government on June 30, 2007 (the effective date of Public
Act 95-9), and its application shall provide a description
of an area no smaller than the service areas contained in
its franchise or franchises within the jurisdiction of the
local unit of government in which it seeks to offer cable
or video service.
(5) The location and telephone number of the
applicant's principal place of business within this State
and the names of the applicant's principal executive
officers who are responsible for communications concerning
the application and the services to be offered pursuant to
the application, the applicant's legal name, and any name
or names under which the applicant does or will provide
cable services or video services in this State.
(6) A certification that the applicant has
concurrently delivered a copy of the application to all
local units of government that include all or any part of
the service area identified in item (4) of this subsection
(b) within such local unit of government's jurisdictional
boundaries.
(7) The expected date that cable service or video
service will be initially offered in the area identified in
item (4) of this subsection (b). In the event that a holder
does not offer cable services or video services within 3
months after the expected date, it shall amend its

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application and update the expected date service will be
offered and explain the delay in offering cable services or
video services.
(8) For any entity that received State-issued
authorization prior to this amendatory Act of the 98th
General Assembly as a cable operator and that intends to
proceed as a cable operator under this Article, the entity
shall file a written affidavit with the Commission and
shall serve a copy of the affidavit with any local units of
government affected by the authorization within 30 days
after the effective date of this amendatory Act of the 98th
General Assembly stating that the holder will be providing
cable service under the State-issued authorization.
The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and
technical qualifications necessary to construct and operate
the proposed system, to promptly repair any damage to the
public right-of-way caused by the applicant, and to pay the
cost of removal of its facilities. To accomplish these
requirements, the applicant may, at the time the applicant
seeks to use the public rights-of-way in that jurisdiction, be
required by the State of Illinois or later be required by the
local unit of government, or both, to post a bond, produce a
certificate of insurance, or otherwise demonstrate its
financial responsibility.
The application shall include the applicant's general

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standards related to customer service required by Section
22-501 of this Act, which shall include, but not be limited to,
installation, disconnection, service and repair obligations;
appointment hours; employee ID requirements; customer service
telephone numbers and hours; procedures for billing, charges,
deposits, refunds, and credits; procedures for termination of
service; notice of deletion of programming service and changes
related to transmission of programming or changes or increases
in rates; use and availability of parental control or lock-out
devices; complaint procedures and procedures for bill dispute
resolution and a description of the rights and remedies
available to consumers if the holder does not materially meet
their customer service standards; and special services for
customers with visual, hearing, or mobility disabilities.
(c)(1) The applicant may designate information that it
submits in its application or subsequent reports as
confidential or proprietary, provided that the applicant
states the reasons the confidential designation is necessary.
The Commission shall provide adequate protection for such
information pursuant to Section 4-404 of this Act. If the
Commission, a local unit of government, or any other party
seeks public disclosure of information designated as
confidential, the Commission shall consider the confidential
designation in a proceeding under the Illinois Administrative
Procedure Act, and the burden of proof to demonstrate that the
designated information is confidential shall be upon the

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applicant. Designated information shall remain confidential
pending the Commission's determination of whether the
information is entitled to confidential treatment. Information
designated as confidential shall be provided to local units of
government for purposes of assessing compliance with this
Article as permitted under a Protective Order issued by the
Commission pursuant to the Commission's rules and to the
Attorney General pursuant to Section 6.5 of the Attorney
General Act (15 ILCS 205/6.5). Information designated as
confidential under this Section or determined to be
confidential upon Commission review shall only be disclosed
pursuant to a valid and enforceable subpoena or court order or
as required by the Freedom of Information Act. Nothing herein
shall delay the application approval timeframes set forth in
this Article.
(2) Information regarding the location of video
services that have been or are being offered to the public
and aggregate information included in the reports required
by this Article shall not be designated or treated as
confidential.
(d)(1) The Commission shall post all applications it
receives under this Article on its web site within 5 business
days.
(2) The Commission shall notify an applicant for a
cable service or video service authorization whether the
applicant's application and affidavit are complete on or

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before the 15th business day after the applicant submits
the application. If the application and affidavit are not
complete, the Commission shall state in its notice all of
the reasons the application or affidavit are incomplete,
and the applicant shall resubmit a complete application.
The Commission shall have 30 days after submission by the
applicant of a complete application and affidavit to issue
the service authorization. If the Commission does not
notify the applicant regarding the completeness of the
application and affidavit or issue the service
authorization within the time periods required under this
subsection, the application and affidavit shall be
considered complete and the service authorization issued
upon the expiration of the 30th day.
(e) Any The authorization issued by the Commission will
expire on December 31, 2015 the date listed in Section 21-1601
of this Act and shall contain or include all of the following:
(1) A grant of authority, including an authorization
issued prior to this amendatory Act of the 98th General
Assembly, to provide cable service or video service in the
service area footprint as requested in the application,
subject to the provisions of this Article in existence on
the date the grant of authority was issued, and any
modifications to this Article enacted at any time prior to
the date in Section 21-1601 of this Act, and to the laws of
the State and the ordinances, rules, and regulations of the

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local units of government.
(2) A grant of authority to use, occupy, and construct
facilities in the public rights-of-way for the delivery of
cable service or video service in the service area
footprint, subject to the laws, ordinances, rules, or
regulations of this State and local units of governments.
(3) A statement that the grant of authority is subject
to lawful operation of the cable service or video service
by the applicant, its affiliated entities, or its
successors-in-interest.
(4) The Commission shall notify a local unit of
government within 3 business days of the grant of any
authorization within a service area footprint if that
authorization includes any part of the local unit of
government's jurisdictional boundaries and state whether
the holder will be providing video service or cable service
under the authorization.
(f) The authorization issued pursuant to this Section by
the Commission may be transferred to any successor-in-interest
to the applicant to which it is initially granted without
further Commission action if the successor-in-interest (i)
submits an application and the information required by
subsection (b) of this Section for the successor-in-interest
and (ii) is not in violation of this Article or of any federal,
State, or local law, ordinance, rule, or regulation. A
successor-in-interest shall file its application and notice of

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transfer with the Commission and the relevant local units of
government no less than 15 business days prior to the
completion of the transfer. The Commission is not required or
authorized to act upon the notice of transfer; however, the
transfer is not effective until the Commission approves the
successor-in-interest's application. A local unit of
government or the Attorney General may seek to bar a transfer
of ownership by filing suit in a court of competent
jurisdiction predicated on the existence of a material and
continuing breach of this Article by the holder, a pattern of
noncompliance with customer service standards by the potential
successor-in-interest, or the insolvency of the potential
successor-in-interest. If a transfer is made when there are
violations of this Article or of any federal, State, or local
law, ordinance, rule, or regulation, the successor-in-interest
shall be subject to 3 times the penalties provided for in this
Article.
(g) The authorization issued pursuant to Section 21-401 of
this Article by the Commission may be terminated, or its cable
service or video service area footprint may be modified, by the
cable service provider or video service provider by submitting
notice to the Commission and to the relevant local unit of
government containing a description of the change on the same
terms as the initial description pursuant to item (4) of
subsection (b) of this Section. The Commission is not required
or authorized to act upon that notice. It shall be a violation

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of this Article for a holder to discriminate against potential
residential subscribers because of the race or income of the
residents in the local area in which the group resides by
terminating or modifying its cable service or video service
area footprint. It shall be a violation of this Article for a
holder to terminate or modify its cable service or video
service area footprint if it leaves an area with no cable
service or video service from any provider.
(h) The Commission's authority to administer this Article
is limited to the powers and duties explicitly provided under
this Article. Its authority under this Article does not include
or limit the powers and duties that the Commission has under
the other Articles of this Act, the Illinois Administrative
Procedure Act, or any other law or regulation to conduct
proceedings, other than as provided in subsection (c), or has
to promulgate rules or regulations. The Commission shall not
have the authority to limit or expand the obligations and
requirements provided in this Section or to regulate or control
a person or entity to the extent that person or entity is
providing cable service or video service, except as provided in
this Article.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-801)
(Section scheduled to be repealed on October 1, 2013)
Sec. 21-801. Applicable fees payable to the local unit of

09800SB1664ham002 - 66 - LRB098 07471 AMC 46442 a
government.
(a) Prior to offering cable service or video service in a
local unit of government's jurisdiction, a holder shall notify
the local unit of government. The notice shall be given to the
local unit of government at least 10 days before the holder
begins to offer cable service or video service within the
boundaries of that local unit of government.
(b) In any local unit of government in which a holder
offers cable service or video service on a commercial basis,
the holder shall be liable for and pay the service provider fee
to the local unit of government. The local unit of government
shall adopt an ordinance imposing such a fee. The holder's
liability for the fee shall commence on the first day of the
calendar month that is at least 30 days after the holder
receives such ordinance. The ordinance shall be sent by mail,
postage prepaid, to the address listed on the holder's
application provided to the local unit of government pursuant
to item (6) of subsection (b) of Section 21-401 of this Act.
The fee authorized by this Section shall be 5% of gross
revenues or the same as the fee paid to the local unit of
government by any incumbent cable operator providing cable
service. The payment of the service provider fee shall be due
on a quarterly basis, 45 days after the close of the calendar
quarter. If mailed, the fee is considered paid on the date it
is postmarked. Except as provided in this Article, the local
unit of government may not demand any additional fees or

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charges from the holder and may not demand the use of any other
calculation method other than allowed under this Article.
(c) For purposes of this Article, "gross revenues" means
all consideration of any kind or nature, including, without
limitation, cash, credits, property, and in-kind contributions
received by the holder for the operation of a cable or video
system to provide cable service or video service within the
holder's cable service or video service area within the local
unit of government's jurisdiction.
(1) Gross revenues shall include the following:
(i) Recurring charges for cable service or video
service.
(ii) Event-based charges for cable service or
video service, including, but not limited to,
pay-per-view and video-on-demand charges.
(iii) Rental of set-top boxes and other cable
service or video service equipment.
(iv) Service charges related to the provision of
cable service or video service, including, but not
limited to, activation, installation, and repair
charges.
(v) Administrative charges related to the
provision of cable service or video service, including
but not limited to service order and service
termination charges.
(vi) Late payment fees or charges, insufficient

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funds check charges, and other charges assessed to
recover the costs of collecting delinquent payments.
(vii) A pro rata portion of all revenue derived by
the holder or its affiliates pursuant to compensation
arrangements for advertising or for promotion or
exhibition of any products or services derived from the
operation of the holder's network to provide cable
service or video service within the local unit of
government's jurisdiction. The allocation shall be
based on the number of subscribers in the local unit of
government divided by the total number of subscribers
in relation to the relevant regional or national
compensation arrangement.
(viii) Compensation received by the holder that is
derived from the operation of the holder's network to
provide cable service or video service with respect to
commissions that are received by the holder as
compensation for promotion or exhibition of any
products or services on the holder's network, such as a
"home shopping" or similar channel, subject to item
(ix) of this paragraph (1).
(ix) In the case of a cable service or video
service that is bundled or integrated functionally
with other services, capabilities, or applications,
the portion of the holder's revenue attributable to the
other services, capabilities, or applications shall be

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included in gross revenue unless the holder can
reasonably identify the division or exclusion of the
revenue from its books and records that are kept in the
regular course of business.
(x) The service provider fee permitted by
subsection (b) of this Section.
(2) Gross revenues do not include any of the following:
(i) Revenues not actually received, even if
billed, such as bad debt, subject to item (vi) of
paragraph (1) of this subsection (c).
(ii) Refunds, discounts, or other price
adjustments that reduce the amount of gross revenues
received by the holder of the State-issued
authorization to the extent the refund, rebate,
credit, or discount is attributable to cable service or
video service.
(iii) Regardless of whether the services are
bundled, packaged, or functionally integrated with
cable service or video service, any revenues received
from services not classified as cable service or video
service, including, without limitation, revenue
received from telecommunications services, information
services, or the provision of directory or Internet
advertising, including yellow pages, white pages,
banner advertisement, and electronic publishing, or
any other revenues attributed by the holder to noncable

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service or nonvideo service in accordance with the
holder's books and records and records kept in the
regular course of business and any applicable laws,
rules, regulations, standards, or orders.
(iv) The sale of cable services or video services
for resale in which the purchaser is required to
collect the service provider fee from the purchaser's
subscribers to the extent the purchaser certifies in
writing that it will resell the service within the
local unit of government's jurisdiction and pay the fee
permitted by subsection (b) of this Section with
respect to the service.
(v) Any tax or fee of general applicability imposed
upon the subscribers or the transaction by a city,
State, federal, or any other governmental entity and
collected by the holder of the State-issued
authorization and required to be remitted to the taxing
entity, including sales and use taxes.
(vi) Security deposits collected from subscribers.
(vii) Amounts paid by subscribers to "home
shopping" or similar vendors for merchandise sold
through any home shopping channel offered as part of
the cable service or video service.
(3) Revenue of an affiliate of a holder shall be
included in the calculation of gross revenues to the extent
the treatment of the revenue as revenue of the affiliate

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rather than the holder has the effect of evading the
payment of the fee permitted by subsection (b) of this
Section which would otherwise be paid by the cable service
or video service.
(d)(1) Except for a holder providing cable service that is
subject to the fee in subsection (i) of this Section, the The
holder shall pay to the local unit of government or the entity
designated by that local unit of government to manage public,
education, and government access, upon request as support for
public, education, and government access, a fee equal to no
less than (i) 1% of gross revenues or (ii) if greater, the
percentage of gross revenues that incumbent cable operators pay
to the local unit of government or its designee for public,
education, and government access support in the local unit of
government's jurisdiction. For purposes of item (ii) of
paragraph (1) of this subsection (d), the percentage of gross
revenues that all incumbent cable operators pay shall be equal
to the annual sum of the payments that incumbent cable
operators in the service area are obligated to pay by
franchises and agreements or by contracts with the local
government designee for public, education and government
access in effect on January 1, 2007, including the total of any
lump sum payments required to be made over the term of each
franchise or agreement divided by the number of years of the
applicable term, divided by the annual sum of such incumbent
cable operator's or operators' gross revenues during the

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immediately prior calendar year. The sum of payments includes
any payments that an incumbent cable operator is required to
pay pursuant to item (3) of subsection (c) of Section 21-301.
(2) A local unit of government may require all holders
of a State-issued authorization and all cable operators
franchised by that local unit of government on June 30,
2007 (the effective date of this Section) in the franchise
area to provide to the local unit of government, or to the
entity designated by that local unit of government to
manage public, education, and government access,
information sufficient to calculate the public, education,
and government access equivalent fee and any credits under
paragraph (1) of this subsection (d).
(3) The fee shall be due on a quarterly basis and paid
45 days after the close of the calendar quarter. Each
payment shall include a statement explaining the basis for
the calculation of the fee. If mailed, the fee is
considered paid on the date it is postmarked. The liability
of the holder for payment of the fee under this subsection
shall commence on the same date as the payment of the
service provider fee pursuant to subsection (b) of this
Section.
(e) The holder may identify and collect the amount of the
service provider fee as a separate line item on the regular
bill of each subscriber.
(f) The holder may identify and collect the amount of the

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public, education, and government programming support fee as a
separate line item on the regular bill of each subscriber.
(g) All determinations and computations under this Section
shall be made pursuant to the definition of gross revenues set
forth in this Section and shall be made pursuant to generally
accepted accounting principles.
(h) Nothing contained in this Article shall be construed to
exempt a holder from any tax that is or may later be imposed by
the local unit of government, including any tax that is or may
later be required to be paid by or through the holder with
respect to cable service or video service. A State-issued
authorization shall not affect any requirement of the holder
with respect to payment of the local unit of government's
simplified municipal telecommunications tax or any other tax as
it applies to any telephone service provided by the holder. A
State-issued authorization shall not affect any requirement of
the holder with respect to payment of the local unit of
government's 911 or E911 fees, taxes, or charges.
(i) Except for a municipality having a population of
2,000,000 or more, the fee imposed under paragraph (1) of
subsection (d) by a local unit of government against a holder
who is a cable operator shall be as follows:
(1) the fee shall be collected and paid only for
capital costs that are considered lawful under Subchapter
VI of the federal Communications Act of 1934, as amended,
and as implemented by the Federal Communications

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Commission;
(2) the local unit of government shall impose any fee
by ordinance; and
(3) the fee may not exceed 1% of gross revenue; if,
however, on the date that an incumbent cable operator files
an application under Section 21-401, the incumbent cable
operator is operating under a franchise agreement that
imposes a fee for support for capital costs for public,
education, and government access facilities obligations in
excess of 1% of gross revenue, then the cable operator
shall continue to provide support for capital costs for
public, education, and government access facilities
obligations at the rate stated in such agreement.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-1101)
(Section scheduled to be repealed on October 1, 2013)
Sec. 21-1101. Requirements to provide video services.
(a) The holder of a State-issued authorization shall not
deny access to cable service or video service to any potential
residential subscribers because of the race or income of the
residents in the local area in which the potential subscribers
reside.
(b) (Blank). (1) If the holder is using telecommunications
facilities to provide cable or video service and has 1,000,000
or less telecommunications access lines in this State, but more

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than 300,000 telecommunications access lines in this State, the
holder shall provide access to its cable or video service to a
number of households equal to at least 25% of its
telecommunications access lines in this State within 3 years
after the date a holder receives a State-issued authorization
from the Commission and to a number not less than 35% of these
households within 5 years after the date a holder receives a
State-issued authorization from the Commission; provided that
the holder of a State-issued authorization is not required to
meet the 35% requirement in this paragraph (1) until 2 years
after at least 15% of the households with access to the
holder's video service subscribe to the service for 6
consecutive months. The holder's obligation to provide such
access in the State shall be distributed, as the holder
determines, within 3 different designated market areas.
(2) Within 3 years after the date a holder receives a
State-issued authorization from the Commission, at least
30% of the total households with access to the holder's
cable or video service shall be low-income.
Within each designated market area identified in
paragraph (1) of this subsection (b), the holder's
obligation to offer service to low-income households shall
be measured by each exchange, as that term is defined in
Section 13-206 of this Act, in which the holder chooses to
provide cable or video service. The holder is under no
obligation to serve or provide access to an entire

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exchange; however, in addition to the statewide obligation
to provide low-income access provided by this Section, in
each exchange in which the holder chooses to provide cable
or video service, the holder shall provide access to a
percentage of low-income households that is at least equal
to the percentage of the total low-income households within
that exchange.
(3) The number of telecommunication access lines in
this Section shall be based on the number of access lines
that exist as of June 30, 2007 (the effective date of
Public Act 95-9).
(c)(1) If the holder of a State-issued authorization is
using telecommunications facilities to provide cable or video
service and has more than 1,000,000 telecommunications access
lines in this State, the holder shall provide access to its
cable or video service to a number of households equal to at
least 35% of the households in the holder's telecommunications
service area in the State within 3 years after the date a
holder receives a State-issued authorization from the
Commission and to a number not less than 50% of these
households within 5 years after the date a holder receives a
State-issued authorization from the Commission; provided that
the holder of a State-issued authorization is not required to
meet the 50% requirement in this paragraph (1) until 2 years
after at least 15% of the households with access to the
holder's video service subscribe to the service for 6

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consecutive months.
The holder's obligation to provide such access in the State
shall be distributed, as the holder determines, within 3
designated market areas, one in each of the northeastern,
central, and southwestern portions of the holder's
telecommunications service area in the State. The designated
market area for the northeastern portion shall consist of 2
separate and distinct reporting areas: (i) a city with more
than 1,000,000 inhabitants, and (ii) all other local units of
government on a combined basis within such designated market
area in which it offers video service.
If any state, in which a holder subject to this subsection
(c) or one of its affiliates provides or seeks to provide cable
or video service, adopts a law permitting state-issued
authorization or statewide franchises to provide cable or video
service that requires a cable or video provider to offer
service to more than 35% of the households in the cable or
video provider's service area in that state within 3 years,
holders subject to this subsection (c) shall provide service in
this State to the same percentage of households within 3 years
of adoption of such law in that state.
Furthermore, if any state, in which a holder subject to
this subsection (c) or one of its affiliates provides or seeks
to provide cable or video service, adopts a law requiring a
holder of a state-issued authorization or statewide franchises
to offer cable or video service to more than 35% of its

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households if less than 15% of the households with access to
the holder's video service subscribe to the service for 6
consecutive months, then as a precondition to further
build-out, holders subject to this subsection (c) shall be
subject to the same percentage of service subscription in
meeting its obligation to provide service to 50% of the
households in this State.
(2) Within 3 years after the date a holder receives a
State-issued authorization from the Commission, at least
30% of the total households with access to the holder's
cable or video service shall be low-income.
Within each designated market area listed in paragraph
(1) of this subsection (c), the holder's obligation to
offer service to low-income households shall be measured by
each exchange, as that term is defined in Section 13-206 of
this Act in which the holder chooses to provide cable or
video service. The holder is under no obligation to serve
or provide access to an entire exchange; however, in
addition to the statewide obligation to provide low-income
access provided by this Section, in each exchange in which
the holder chooses to provide cable or video service, the
holder shall provide access to a percentage of low-income
households that is at least equal to the percentage of the
total low-income households within that exchange.
(d)(1) All other holders shall only provide access to one
or more exchanges, as that term is defined in Section 13-206 of

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this Act, or to local units of government and shall provide
access to their cable or video service to a number of
households equal to 35% of the households in the exchange or
local unit of government within 3 years after the date a holder
receives a State-issued authorization from the Commission and
to a number not less than 50% of these households within 5
years after the date a holder receives a State-issued
authorization from the Commission, provided that if the holder
is an incumbent cable operator or any successor-in-interest
company, it shall be obligated to provide access to cable or
video services within the jurisdiction of a local unit of
government at the same levels required by the local franchising
authorities for that local unit of government on June 30, 2007
(the effective date of Public Act 95-9).
(2) Within 3 years after the date a holder receives a
State-issued authorization from the Commission, at least
30% of the total households with access to the holder's
cable or video service shall be low-income.
Within each designated exchange, as that term is
defined in Section 13-206 of this Act, or local unit of
government listed in paragraph (1) of this subsection (d),
the holder's obligation to offer service to low-income
households shall be measured by each exchange or local unit
of government in which the holder chooses to provide cable
or video service. Except as provided in paragraph (1) of
this subsection (d), the holder is under no obligation to

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serve or provide access to an entire exchange or local unit
of government; however, in addition to the statewide
obligation to provide low-income access provided by this
Section, in each exchange or local unit of government in
which the holder chooses to provide cable or video service,
the holder shall provide access to a percentage of
low-income households that is at least equal to the
percentage of the total low-income households within that
exchange or local unit of government.
(e) A holder subject to subsection (c) of this Section
shall provide wireline broadband service, defined as wireline
service, capable of supporting, in at least one direction, a
speed in excess of 200 kilobits per second (kbps), to the
network demarcation point at the subscriber's premises, to a
number of households equal to 90% of the households in the
holder's telecommunications service area by December 31, 2008,
or shall pay within 30 days of December 31, 2008 a sum of
$15,000,000 to the Digital Divide Elimination Infrastructure
Fund established pursuant to Section 13-301.3 of this Act, or
any successor fund established by the General Assembly. In that
event the holder is required to make a payment pursuant to this
subsection (e), the holder shall have no further accounting for
this payment, which shall be used in any part of the State for
the purposes established in the Digital Divide Elimination
Infrastructure Fund or for broadband deployment.
(f) The holder of a State-issued authorization may satisfy

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the requirements of subsections (b), (c), and (d) of this
Section through the use of any technology, which shall not
include direct-to-home satellite service, that offers service,
functionality, and content that is demonstrably similar to that
provided through the holder's video service system.
(g) In any investigation into or complaint alleging that
the holder of a State-issued authorization has failed to meet
the requirements of this Section, the following factors may be
considered in justification or mitigation or as justification
for an extension of time to meet the requirements of
subsections (b), (c), and (d) of this Section:
(1) The inability to obtain access to public and
private rights-of-way under reasonable terms and
conditions.
(2) Barriers to competition arising from existing
exclusive service arrangements in developments or
buildings.
(3) The inability to access developments or buildings
using reasonable technical solutions under commercially
reasonable terms and conditions.
(4) Natural disasters.
(5) Other factors beyond the control of the holder.
(h) If the holder relies on the factors identified in
subsection (g) of this Section in response to an investigation
or complaint, the holder shall demonstrate the following:
(1) what substantial effort the holder of a

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State-issued authorization has taken to meet the
requirements of subsection (a), (b), or (c) of this
Section;
(2) which portions of subsection (g) of this Section
apply; and
(3) the number of days it has been delayed or the
requirements it cannot perform as a consequence of
subsection (g) of this Section.
(i) The factors in subsection (g) of this Section may be
considered by the Attorney General or by a court of competent
jurisdiction in determining whether the holder is in violation
of this Article.
(j) Every holder of a State-issued authorization, no later
than April 1, 2009, and annually no later than April 1
thereafter, shall report to the Commission for each of the
service areas as described in subsections (b), (c), and (d) of
this Section in which it provides access to its video service
in the State, the following information:
(1) Cable service and video service information:
(A) The number of households in the holder's
telecommunications service area within each designated
market area as described in subsection subsections (b)
and (c) of this Section or exchange or local unit of
government as described in subsection (d) of this
Section in which it offers video service.
(B) The number of households in the holder's

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telecommunications service area within each designated
market area as described in subsection subsections (b)
and (c) of this Section or exchange or local unit of
government as described in subsection (d) of this
Section that are offered access to video service by the
holder.
(C) The number of households in the holder's
telecommunications service area in the State.
(D) The number of households in the holder's
telecommunications service area in the State that are
offered access to video service by the holder.
(2) Low-income household information:
(A) The number of low-income households in the
holder's telecommunications service area within each
designated market area as described in subsection
subsections (b) and (c) of this Section, as further
identified in terms of exchanges, or exchange or local
unit of government as described in subsection (d) of
this Section in which it offers video service.
(B) The number of low-income households in the
holder's telecommunications service area within each
designated market area as described in subsection
subsections (b) and (c) of this Section, as further
identified in terms of exchanges, or exchange or local
unit of government as described in subsection (d) of
this Section in the State that are offered access to

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video service by the holder.
(C) The number of low-income households in the
holder's telecommunications service area in the State.
(D) The number of low-income households in the
holder's telecommunications service area in the State
that are offered access to video service by the holder.
(j-5) The requirements of subsection (c) of this Section
shall be satisfied upon the filing of an annual report with the
Commission in compliance with subsection (j) of this Section,
including an annual report filed prior to this amendatory Act
of the 98th General Assembly, that demonstrates the holder of
the authorization has satisfied the requirements of subsection
(c) of this Section for each of the service areas in which it
provides access to its cable service or video service in the
State. Notwithstanding the continued application of this
Article to the holder, upon satisfaction of the requirements of
subsection (c) of this Section, only the requirements of
subsection (a) of this Section 21-1101 of this Act and the
following reporting requirements shall continue to apply to
such holder:
(1) Cable service and video service information:
(A) The number of households in the holder's
telecommunications service area within each designated
market area in which it offers cable service or video
service.
(B) The number of households in the holder's

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telecommunications service area within each designated
market area that are offered access to cable service or
video service by the holder.
(C) The number of households in the holder's
telecommunications service area in the State.
(D) The number of households in the holder's
telecommunications service area in the State that are
offered access to cable service or video service by the
holder.
(E) The exchanges or local units of government in
which the holder added cable service or video service
in the prior year.
(2) Low-income household information:
(A) The number of low-income households in the
holder's telecommunications service area within each
designated market area in which it offers video
service.
(B) The number of low-income households in the
holder's telecommunications service area within each
designated market area that are offered access to video
service by the holder.
(C) The number of low-income households in the
holder's telecommunications service area in the State.
(D) The number of low-income households in the
holder's telecommunications service area in the State
that are offered access to video service by the holder.

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(j-10) The requirements of subsection (d) of this Section
shall be satisfied upon the filing of an annual report with the
Commission in compliance with subsection (j) of this Section,
including an annual report filed prior to this amendatory Act
of the 98th General Assembly, that demonstrates the holder of
the authorization has satisfied the requirements of subsection
(d) of this Section for each of the service areas in which it
provides access to its cable service or video service in the
State. Notwithstanding the continued application of this
Article to the holder, upon satisfaction of the requirements of
subsection (d) of this Section, only the requirements of
subsection (a) of this Section and the following reporting
requirements shall continue to apply to such holder:
(1) Cable service and video service information:
(A) The number of households in the holder's
footprint in which it offers cable service or video
service.
(B) The number of households in the holder's
footprint that are offered access to cable service or
video service by the holder.
(C) The exchanges or local units of government in
which the holder added cable service or video service
in the prior year.
(2) Low-income household information:
(A) The number of low-income households in the
holder's footprint in which it offers cable service or

09800SB1664ham002 - 87 - LRB098 07471 AMC 46442 a
video service.
(B) The number of low-income households in the
holder's footprint that are offered access to cable
service or video service by the holder.
(k) The Commission, within 30 days of receiving the first
report from holders under this Section, and annually no later
than July 1 thereafter, shall submit to the General Assembly a
report that includes, based on year-end data, the information
submitted by holders pursuant to subdivisions (1) and (2) of
subsections subsection (j), (j-5), and (j-10) of this Section.
The Commission shall make this report available to any member
of the public or any local unit of government upon request. All
information submitted to the Commission and designated by
holders as confidential and proprietary shall be subject to the
disclosure provisions in subsection (c) of Section 21-401 of
this Act. No individually identifiable customer information
shall be subject to public disclosure.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-1201)
(Section scheduled to be repealed on October 1, 2013)
Sec. 21-1201. Multiple-unit dwellings; interference with
holder prohibited.
(a) Neither the owner of any multiple-unit residential
dwelling nor an agent or representative nor an assignee,
grantee, licensee, or similar holders of rights, including

09800SB1664ham002 - 88 - LRB098 07471 AMC 46442 a
easements, in any multiple-unit residential dwelling (the
"owner, agent or representative") shall unreasonably interfere
with the right of any tenant or lawful resident thereof to
receive cable service or video service installation or
maintenance from a holder of a State-issued authorization, or
related service that includes, but is not limited to, voice
service, Internet access or other broadband services (alone or
in combination) provided over the holder's cable services or
video services facilities; provided, however, the owner,
agent, or representative may require just and reasonable
compensation from the holder for its access to and use of such
property to provide installation, operation, maintenance, or
removal of such cable service or video service or related
services. For purposes of this Section "access to and use of
such property" shall be provided in a nondiscriminatory manner
to all cable and video providers offering or providing services
at such property and includes common areas of such
multiple-unit dwelling, inside wire in the individual unit of
any tenant or lawful resident thereof that orders or receives
such service and the right to use and connect to building
infrastructure, including but not limited to existing cables,
wiring, conduit or inner duct, to provide cable service or
video service or related services. If there is a dispute
regarding the just compensation for such access and use, the
owner, agent, or representative shall obtain the payment of
just compensation from the holder pursuant to the process and

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procedures applicable to an owner and franchisee in subsections
(c), (d), and (e) of Section 11-42-11.1 of the Illinois
Municipal Code (65 ILCS 5/11-42-11.1).
(b) Neither the owner of any multiple-unit residential
dwelling nor an agent or representative shall ask, demand, or
receive any additional payment, service, or gratuity in any
form from any tenant or lawful resident thereof as a condition
for permitting or cooperating with the installation of a cable
service or video service or related services to the dwelling
unit occupied by a tenant or resident requesting such service.
(c) Neither the owner of any multiple-unit residential
dwelling nor an agent or representative shall penalize, charge,
or surcharge a tenant or resident, forfeit or threaten to
forfeit any right of such tenant or resident, or discriminate
in any way against such tenant or resident who requests or
receives cable service or video service or related services
from a holder.
(d) Nothing in this Section shall prohibit the owner of any
multiple-unit residential dwelling nor an agent or
representative from requiring that a holder's facilities
conform to reasonable conditions necessary to protect safety,
functioning, appearance, and value of premises or the
convenience and safety of persons or property.
(e) The owner of any multiple-unit residential dwelling or
an agent or representative may require a holder to agree to
indemnify the owner, or his agents or representatives, for

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damages or from liability for damages caused by the
installation, operation, maintenance, or removal of cable
service or video service facilities.
(f) For purposes of this Section "multiple-unit dwelling"
or "such property" means a multiple dwelling unit building
(such as an apartment building, condominium building, or
cooperative) and any other centrally managed residential real
estate development (such as a gated community, mobile home
park, or garden apartment); provided however, that
multiple-unit dwelling shall not include time share units,
academic campuses and dormitories, military bases, hotels,
rooming houses, prisons, jails, halfway houses, nursing homes
or other assisted living facilities, and hospitals.
(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
(220 ILCS 5/21-1502 new)
Sec. 21-1502. Renewal upon repeal of Article. This Section
shall apply only to holders who received their State-issued
authorization as a cable operator. In the event this Article 21
is repealed, the cable operator may seek a renewal under 47
U.S.C. 546 subject to the following:
(1) Each municipality or county in which a cable
operator provided service under the State-issued
authorization shall be the franchising authority with
respect to any right of renewal under 47 U.S.C. 546 and the
provisions of this Section shall apply during the renewal

09800SB1664ham002 - 91 - LRB098 07471 AMC 46442 a
process.
(2) If the cable operator was an incumbent cable
operator in the local unit of government immediately prior
to obtaining a State-issued authorization, then the terms
of the local franchise agreement under which the incumbent
cable operator operated shall be effective until the later
of: (A) the expiration of what would have been the
remaining term of the agreement at the time of the
termination of the local franchise agreement pursuant to
subsection (c) of Section 21-301 of this Act or (B) the
expiration of the renewal process under 47 U.S.C. 546.
(3) If the cable operator was not an incumbent cable
operator in the service territory immediately prior to the
issuance of the State-issued authorization, then the
State-issued authorization shall continue in effect until
the expiration of the renewal process under 47 U.S.C. 546.
(4) In seeking a renewal under this Section, the cable
operator must provide the following information to the
local franchising authority:
(A) the number of subscribers within the franchise
area;
(B) the number of eligible local government
buildings that have access to cable services;
(C) the statistical records of performance under
the standards established by the Cable and Video
Customer Protection Law;

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(D) cable system improvement and construction
plans during the term of the proposed franchise; and
(E) the proposed level of support for public,
educational, and governmental access programming.
(220 ILCS 5/21-1601)
(Section scheduled to be repealed on October 1, 2013)
Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
this This Article are is repealed July 1, 2015 October 1, 2013.
(Source: P.A. 95-9, eff. 6-30-07.)
(220 ILCS 5/22-501)
Sec. 22-501. Customer service and privacy protection. All
cable or video providers in this State shall comply with the
following customer service requirements and privacy
protections. The provisions of this Act shall not apply to an
incumbent cable operator prior to January 1, 2008. For purposes
of this paragraph, an incumbent cable operator means a person
or entity that provided cable services in a particular area
under a franchise agreement with a local unit of government
pursuant to Section 11-42-11 of the Illinois Municipal Code or
Section 5-1095 of the Counties Code on January 1, 2007. A
master antenna television, satellite master antenna
television, direct broadcast satellite, multipoint
distribution service, and other provider of video programming
shall only be subject to the provisions of this Article to the

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extent permitted by federal law.
The following definitions apply to the terms used in this
Article:
"Basic cable or video service" means any service offering
or tier that includes the retransmission of local television
broadcast signals.
"Cable or video provider" means any person or entity
providing cable service or video service pursuant to
authorization under (i) the Cable and Video Competition Law of
2007; (ii) Section 11-42-11 of the Illinois Municipal Code;
(iii) Section 5-1095 of the Counties Code; or (iv) a master
antenna television, satellite master antenna television,
direct broadcast satellite, multipoint distribution services,
and other providers of video programming, whatever their
technology. A cable or video provider shall not include a
landlord providing only broadcast video programming to a
single-family home or other residential dwelling consisting of
4 units or less.
"Franchise" has the same meaning as found in 47 U.S.C.
522(9).
"Local unit of government" means a city, village,
incorporated town, or a county.
"Normal business hours" means those hours during which most
similar businesses in the geographic area of the local unit of
government are open to serve customers. In all cases, "normal
business hours" must include some evening hours at least one

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night per week or some weekend hours.
"Normal operating conditions" means those service
conditions that are within the control of cable or video
providers. Those conditions that are not within the control of
cable or video providers include, but are not limited to,
natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather
conditions. Those conditions that are ordinarily within the
control of cable or video providers include, but are not
limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, and
maintenance or upgrade of the cable service or video service
network.
"Service interruption" means the loss of picture or sound
on one or more cable service or video service on one or more
cable or video channels.
"Service line drop" means the point of connection between a
premises and the cable or video network that enables the
premises to receive cable service or video service.
(a) General customer service standards:
(1) Cable or video providers shall establish general
standards related to customer service, which shall
include, but not be limited to, installation,
disconnection, service and repair obligations; appointment
hours and employee ID requirements; customer service
telephone numbers and hours; procedures for billing,

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charges, deposits, refunds, and credits; procedures for
termination of service; notice of deletion of programming
service; changes related to transmission of programming;
changes or increases in rates; the use and availability of
parental control or lock-out devices; the use and
availability of an A/B switch if applicable; complaint
procedures and procedures for bill dispute resolution; a
description of the rights and remedies available to
consumers if the cable or video provider does not
materially meet its customer service standards; and
special services for customers with visual, hearing, or
mobility disabilities.
(2) Cable or video providers' rates for each level of
service, rules, regulations, and policies related to its
cable service or video service described in paragraph (1)
of this subsection (a) must be made available to the public
and displayed clearly and conspicuously on the cable or
video provider's site on the Internet. If a promotional
price or a price for a specified period of time is offered,
the cable or video provider shall display the price at the
end of the promotional period or specified period of time
clearly and conspicuously with the display of the
promotional price or price for a specified period of time.
The cable or video provider shall provide this information
upon request.
(3) Cable or video providers shall provide notice

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concerning their general customer service standards to all
customers. This notice shall be offered when service is
first activated and upon request thereafter and annually
thereafter. The information in the notice shall also be
available on the cable or video providers' websites and
shall include all of the information specified in paragraph
(1) of this subsection (a), as well as the following: a
listing of services offered by the cable or video
providers, which shall clearly describe programming for
all services and all levels of service; the rates for all
services and levels of service; a telephone number through
which customers may subscribe to, change, or terminate
service, request customer service, or seek general or
billing information; instructions on the use of the cable
or video services; and a description of rights and remedies
that the cable or video providers shall make available to
their customers if they do not materially meet the general
customer service standards described in this Act.
(b) General customer service obligations:
(1) Cable or video providers shall render reasonably
efficient service, promptly make repairs, and interrupt
service only as necessary and for good cause, during
periods of minimum use of the system and for no more than
24 hours.
(2) All service representatives or any other person who
contacts customers or potential customers on behalf of the

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cable or video provider shall have a visible identification
card with their name and photograph and shall orally
identify themselves upon first contact with the customer.
Customer service representatives shall orally identify
themselves to callers immediately following the greeting
during each telephone contact with the public.
(3) The cable or video providers shall: (i) maintain a
customer service facility within the boundaries of a local
unit of government staffed by customer service
representatives that have the capacity to accept payment,
adjust bills, and respond to repair, installation,
reconnection, disconnection, or other service calls and
distribute or receive converter boxes, remote control
units, digital stereo units, or other equipment related to
the provision of cable or video service; (ii) provide
customers with bill payment facilities through retail,
financial, or other commercial institutions located within
the boundaries of a local unit of government; (iii) provide
an address, toll-free telephone number or electronic
address to accept bill payments and correspondence and
provide secure collection boxes for the receipt of bill
payments and the return of equipment, provided that if a
cable or video provider provides secure collection boxes,
it shall provide a printed receipt when items are
deposited; or (iv) provide an address, toll-free telephone
number, or electronic address to accept bill payments and

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correspondence and provide a method for customers to return
equipment to the cable or video provider at no cost to the
customer.
(4) In each contact with a customer, the service
representatives or any other person who contacts customers
or potential customers on behalf of the cable or video
provider shall state the estimated cost of the service,
repair, or installation orally prior to delivery of the
service or before any work is performed, shall provide the
customer with an oral statement of the total charges before
terminating the telephone call or other contact in which a
service is ordered, whether in-person or over the Internet,
and shall provide a written statement of the total charges
before leaving the location at which the work was
performed. In the event that the cost of service is a
promotional price or is for a limited period of time, the
cost of service at the end of the promotion or limited
period of time shall be disclosed.
(5) Cable or video providers shall provide customers a
minimum of 30 days' written notice before increasing rates
or eliminating transmission of programming and shall
submit the notice of any rate increase to the local unit of
government in advance of distribution to customers,
provided that the cable or video provider is not in
violation of this provision if the elimination of
transmission of programming was outside the control of the

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provider, in which case the provider shall use reasonable
efforts to provide as much notice as possible, and any rate
decrease related to the elimination of transmission of
programming shall be applied to the date of the change.
(6) Cable or video providers shall provide clear visual
and audio reception that meets or exceeds applicable
Federal Communications Commission technical standards. If
a customer experiences poor video or audio reception due to
the equipment of the cable or video provider, the cable or
video provider shall promptly repair the problem at its own
expense.
(c) Bills, payment, and termination:
(1) Cable or video providers shall render monthly bills
that are clear, accurate, and understandable.
(2) Every residential customer who pays bills directly
to the cable or video provider shall have at least 28 days
from the date of the bill to pay the listed charges.
(3) Customer payments shall be posted promptly. When
the payment is sent by United States mail, payment is
considered paid on the date it is postmarked.
(4) Cable or video providers may not terminate
residential service for nonpayment of a bill unless the
cable or video provider furnishes notice of the delinquency
and impending termination at least 15 21 days prior to the
proposed termination. Notice of proposed termination shall
be mailed, postage prepaid, to the customer to whom service

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is billed. Notice of proposed termination shall not be
mailed until the 24th 29th day after the date of the bill
for services. Notice of delinquency and impending
termination may be part of a billing statement only if the
notice is presented in a different color than the bill and
is designed to be conspicuous. The cable or video providers
may not assess a late fee prior to the 24th 29th day after
the date of the bill for service.
(5) Every notice of impending termination shall
include all of the following: the name and address of
customer; the amount of the delinquency; the date on which
payment is required to avoid termination; and the telephone
number of the cable or video provider's service
representative to make payment arrangements and to provide
additional information about the charges for failure to
return equipment and for reconnection, if any. No customer
may be charged a fee for termination or disconnection of
service, irrespective of whether the customer initiated
termination or disconnection or the cable or video provider
initiated termination or disconnection.
(6) Service may only be terminated on days when the
customer is able to reach a service representative of the
cable or video providers, either in person or by telephone.
(7) Any service terminated by a cable or video provider
without good cause shall be restored without any
reconnection fee, charge, or penalty; good cause for

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termination includes, but is not limited to, failure to pay
a bill by the date specified in the notice of impending
termination, payment by check for which there are
insufficient funds, theft of service, abuse of equipment or
personnel, or other similar subscriber actions.
(8) Cable or video providers shall cease charging a
customer for any or all services within one business day
after it receives a request to immediately terminate
service or on the day requested by the customer if such a
date is at least 5 days from the date requested by the
customer. Nothing in this subsection (c) shall prohibit the
provider from billing for charges that the customer incurs
prior to the date of termination. Cable or video providers
shall issue a credit no later than the customer's next
billing cycle following the determination that a credit is
warranted. Cable or video providers shall issue or a refund
or return a deposit promptly, but not later than either the
customer's next billing cycle following resolution of the
request or 30 days, whichever is earlier, within 10
business days after the close of the customer's billing
cycle following the request for termination or the return
of equipment, if any, whichever is later.
(9) The customers or subscribers of a cable or video
provider shall be allowed to disconnect their service at
any time within the first 30 60 days after subscribing to
or upgrading the service. Within this 30-day 60-day period,

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cable or video providers shall not charge or impose any
fees or penalties on the customer for disconnecting
service, including, but not limited to, any installation
charge or the imposition of an early termination charge,
except the cable or video provider may impose a charge or
fee to offset any rebates or credits received by the
customer and may impose monthly service or maintenance
charges, including pay-per-view and premium services
charges, during such 30-day 60-day period.
(10) Cable and video providers shall guarantee
customer satisfaction for new or upgraded service and the
customer shall receive a pro-rata credit in an amount equal
to the pro-rata charge for the remaining days of service
being disconnected or replaced upon the customers request
if the customer is dissatisfied with the service and
requests to discontinue the service within the first 60
days after subscribing to the upgraded service.
(d) Response to customer inquiries:
(1) Cable or video providers will maintain a toll-free
telephone access line that is available to customers 24
hours a day, 7 days a week to accept calls regarding
installation, termination, service, and complaints.
Trained, knowledgeable, qualified service representatives
of the cable or video providers will be available to
respond to customer telephone inquiries during normal
business hours. Customer service representatives shall be

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able to provide credit, waive fees, schedule appointments,
and change billing cycles. Any difficulties that cannot be
resolved by the customer service representatives shall be
referred to a supervisor who shall make his or her best
efforts to resolve the issue immediately. If the supervisor
does not resolve the issue to the customer's satisfaction,
the customer shall be informed of the cable or video
provider's complaint procedures and procedures for billing
dispute resolution and given a description of the rights
and remedies available to customers to enforce the terms of
this Article, including the customer's rights to have the
complaint reviewed by the local unit of government, to
request mediation, and to review in a court of competent
jurisdiction.
(2) After normal business hours, the access line may be
answered by a service or an automated response system,
including an answering machine. Inquiries received by
telephone or e-mail after normal business hours shall be
responded to by a trained service representative on the
next business day. The cable or video provider shall
respond to a written billing inquiry within 10 days of
receipt of the inquiry.
(3) Cable or video providers shall provide customers
seeking non-standard installations with a total
installation cost estimate and an estimated date of
completion. The actual charge to the customer shall not

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exceed 10% of the estimated cost without the written
consent of the customer.
(4) If the cable or video provider receives notice that
an unsafe condition exists with respect to its equipment,
it shall investigate such condition immediately and shall
take such measures as are necessary to remove or eliminate
the unsafe condition. The cable or video provider shall
inform the local unit of government promptly, but no later
than 2 hours after it receives notification of an unsafe
condition that it has not remedied.
(5) Under normal operating conditions, telephone
answer time by the cable or video provider's customer
representative, including wait time, shall not exceed 30
seconds when the connection is made. If the call needs to
be transferred, transfer time shall not exceed 30 seconds.
These standards shall be met no less than 90% of the time
under normal operating conditions, measured on a quarterly
basis. The cable or video provider shall not be required to
acquire equipment or perform surveys to measure compliance
with these telephone answering standards unless an
historical record of complaints indicates a clear failure
to comply.
(6) Under normal operating conditions, the cable or
video provider's customers will receive a busy signal less
than 3% of the time.
(e) Under normal operating conditions, each of the

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following standards related to installations, outages, and
service calls will be met no less than 95% of the time measured
on a quarterly basis:
(1) Standard installations will be performed within 7
business days after an order has been placed. "Standard"
installations are those that are located up to 125 feet
from the existing distribution system.
(2) Excluding conditions beyond the control of the
cable or video providers, the cable or video providers will
begin working on "service interruptions" promptly and in no
event later than 24 hours after the interruption is
reported by the customer or otherwise becomes known to the
cable or video providers. Cable or video providers must
begin actions to correct other service problems the next
business day after notification of the service problem and
correct the problem within 48 hours after the interruption
is reported by the customer 95% of the time, measured on a
quarterly basis.
(3) The "appointment window" alternatives for
installations, service calls, and other installation
activities will be either a specific time or, at a maximum,
a 4-hour time block during evening, weekend, and normal
business hours. The cable or video provider may schedule
service calls and other installation activities outside of
these hours for the express convenience of the customer.
(4) Cable or video providers may not cancel an

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appointment with a customer after the close of business
5:00 p.m. on the business day prior to the scheduled
appointment. If the cable or video provider's
representative is running late for an appointment with a
customer and will not be able to keep the appointment as
scheduled, the customer will be contacted. The appointment
will be rescheduled, as necessary, at a time that is
convenient for the customer, even if the rescheduled
appointment is not within normal business hours.
(f) Public benefit obligation:
(1) All cable or video providers offering service
pursuant to the Cable and Video Competition Law of 2007,
the Illinois Municipal Code, or the Counties Code shall
provide a free service line drop and free basic service to
all current and future public buildings within their
footprint, including, but not limited to, all local unit of
government buildings, public libraries, and public primary
and secondary schools, whether owned or leased by that
local unit of government ("eligible buildings"). Such
service shall be used in a manner consistent with the
government purpose for the eligible building and shall not
be resold.
(2) This obligation only applies to those cable or
video service providers whose cable service or video
service systems pass eligible buildings and its cable or
video service is generally available to residential

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subscribers in the same local unit of government in which
the eligible building is located. The burden of providing
such service at each eligible building shall be shared by
all cable and video providers whose systems pass the
eligible buildings in an equitable and competitively
neutral manner, and nothing herein shall require
duplicative installations by more than one cable or video
provider at each eligible building. Cable or video
providers operating in a local unit of government shall
meet as necessary and determine who will provide service to
eligible buildings under this subsection (f). If the cable
or video providers are unable to reach an agreement, they
shall meet with the local unit of government, which shall
determine which cable or video providers will serve each
eligible building. The local unit of government shall bear
the costs of any inside wiring or video equipment costs not
ordinarily provided as part of the cable or video
provider's basic offering.
(g) After the cable or video providers have offered service
for one year, the cable or video providers shall make an annual
report to the Commission, to the local unit of government, and
to the Attorney General that it is meeting the standards
specified in this Article, identifying the number of complaints
it received over the prior year in the State and specifying the
number of complaints related to each of the following: (1)
billing, charges, refunds, and credits; (2) installation or

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termination of service; (3) quality of service and repair; (4)
programming; and (5) miscellaneous complaints that do not fall
within these categories. Thereafter, the cable or video
providers shall also provide, upon request by the local unit of
government where service is offered and to the Attorney
General, an annual public report that includes performance data
described in subdivisions (5) and (6) of subsection (d) and
subdivisions (1) and (2) of subsection (e) of this Section for
cable services or video services. The performance data shall be
disaggregated for each requesting local unit of government or
local exchange, as that term is defined in Section 13-206 of
this Act, in which the cable or video providers have customers.
(h) To the extent consistent with federal law, cable or
video providers shall offer the lowest-cost basic cable or
video service as a stand-alone service to residential customers
at reasonable rates. Cable or video providers shall not require
the subscription to any service other than the lowest-cost
basic service or to any telecommunications or information
service, as a condition of access to cable or video service,
including programming offered on a per channel or per program
basis. Cable or video providers shall not discriminate between
subscribers to the lowest-cost basic service, subscribers to
other cable services or video services, and other subscribers
with regard to the rates charged for cable or video programming
offered on a per channel or per program basis.
(i) To the extent consistent with federal law, cable or

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video providers shall ensure that charges for changes in the
subscriber's selection of services or equipment shall be based
on the cost of such change and shall not exceed nominal amounts
when the system's configuration permits changes in service tier
selection to be effected solely by coded entry on a computer
terminal or by other similarly simple method.
(j) To the extent consistent with federal law, cable or
video providers shall have a rate structure for the provision
of cable or video service that is uniform throughout the area
within the boundaries of the local unit of government. This
subsection (j) is not intended to prohibit bulk discounts to
multiple dwelling units or to prohibit reasonable discounts to
senior citizens or other economically disadvantaged groups.
(k) To the extent consistent with federal law, cable or
video providers shall not charge a subscriber for any service
or equipment that the subscriber has not affirmatively
requested or affirmatively agreed to by name. For purposes of
this subsection (k), a subscriber's failure to refuse a cable
or video provider's proposal to provide service or equipment
shall not be deemed to be an affirmative request for such
service or equipment.
(l) No contract or service agreement containing an early
termination clause offering residential cable or video
services or any bundle including such services shall be for a
term longer than 2 years. Any contract or service offering with
a term of service that contains an early termination fee shall

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limit the early termination fee to not more than the value of
any additional goods or services provided with the cable or
video services, the amount of the discount reflected in the
price for cable services or video services for the period
during which the consumer benefited from the discount, or a
declining fee based on the remainder of the contract term.
(m) Cable or video providers shall not discriminate in the
provision of services for the hearing and visually impaired,
and shall comply with the accessibility requirements of 47
U.S.C. 613. Cable or video providers shall deliver and pick-up
or provide customers with pre-paid shipping and packaging for
the return of converters and other necessary equipment at the
home of customers with disabilities. Cable or video providers
shall provide free use of a converter or remote control unit to
mobility impaired customers.
(n)(1) To the extent consistent with federal law, cable or
video providers shall comply with the provisions of 47 U.S.C.
532(h) and (j). The cable or video providers shall not exercise
any editorial control over any video programming provided
pursuant to this Section, or in any other way consider the
content of such programming, except that a cable or video
provider may refuse to transmit any leased access program or
portion of a leased access program that contains obscenity,
indecency, or nudity and may consider such content to the
minimum extent necessary to establish a reasonable price for
the commercial use of designated channel capacity by an

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unaffiliated person. This subsection (n) shall permit cable or
video providers to enforce prospectively a written and
published policy of prohibiting programming that the cable or
video provider reasonably believes describes or depicts sexual
or excretory activities or organs in a patently offensive
manner as measured by contemporary community standards.
(2) Upon customer request, the cable or video provider
shall, without charge, fully scramble or otherwise fully
block the audio and video programming of each channel
carrying such programming so that a person who is not a
subscriber does not receive the channel or programming.
(3) In providing sexually explicit adult programming
or other programming that is indecent on any channel of its
service primarily dedicated to sexually oriented
programming, the cable or video provider shall fully
scramble or otherwise fully block the video and audio
portion of such channel so that a person who is not a
subscriber to such channel or programming does not receive
it.
(4) Scramble means to rearrange the content of the
signal of the programming so that the programming cannot be
viewed or heard in an understandable manner.
(o) Cable or video providers will maintain a listing,
specific to the level of street address, of the areas where its
cable or video services are available. Customers who inquire
about purchasing cable or video service shall be informed about

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whether the cable or video provider's cable or video services
are currently available to them at their specific location.
(p) Cable or video providers shall not disclose the name,
address, telephone number or other personally identifying
information of a cable service or video service customer to be
used in mailing lists or to be used for other commercial
purposes not reasonably related to the conduct of its business
unless the cable or video provider has provided to the customer
a notice, separately or included in any other customer service
notice, that clearly and conspicuously describes the
customer's ability to prohibit the disclosure. Cable or video
providers shall provide an address and telephone number for a
customer to use without a toll charge to prevent disclosure of
the customer's name and address in mailing lists or for other
commercial purposes not reasonably related to the conduct of
its business to other businesses or affiliates of the cable or
video provider. Cable or video providers shall comply with the
consumer privacy requirements of Section 26-4.5 of the Criminal
Code of 2012, the Restricted Call Registry Act, and 47 U.S.C.
551 that are in effect as of June 30, 2007 (the effective date
of Public Act 95-9) and as amended thereafter.
(q) Cable or video providers shall implement an informal
process for handling inquiries from local units of government
and customers concerning billing issues, service issues,
privacy concerns, and other consumer complaints. In the event
that an issue is not resolved through this informal process, a

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local unit of government or the customer may request nonbinding
mediation with the cable or video provider, with each party to
bear its own costs of such mediation. Selection of the mediator
will be by mutual agreement, and preference will be given to
mediation services that do not charge the consumer for their
services. In the event that the informal process does not
produce a satisfactory result to the customer or the local unit
of government, enforcement may be pursued as provided in
subdivision (4) of subsection (r) of this Section.
(r) The Attorney General and the local unit of government
may enforce all of the customer service and privacy protection
standards of this Section with respect to complaints received
from residents within the local unit of government's
jurisdiction, but it may not adopt or seek to enforce any
additional or different customer service or performance
standards under any other authority or provision of law.
(1) The local unit of government may, by ordinance,
provide a schedule of penalties for any material breach of
this Section by cable or video providers in addition to the
penalties provided herein. No monetary penalties shall be
assessed for a material breach if it is out of the
reasonable control of the cable or video providers or its
affiliate. Monetary penalties adopted in an ordinance
pursuant to this Section shall apply on a competitively
neutral basis to all providers of cable service or video
service within the local unit of government's

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jurisdiction. In no event shall the penalties imposed under
this subsection (r) exceed $750 for each day of the
material breach, and these penalties shall not exceed
$25,000 for each occurrence of a material breach per
customer.
(2) For purposes of this Section, "material breach"
means any substantial failure of a cable or video service
provider to comply with service quality and other standards
specified in any provision of this Act. The Attorney
General or the local unit of government shall give the
cable or video provider written notice of any alleged
material breaches of this Act and allow such provider at
least 30 days from receipt of the notice to remedy the
specified material breach.
(3) A material breach, for the purposes of assessing
penalties, shall be deemed to have occurred for each day
that a material breach has not been remedied by the cable
service or video service provider after the expiration of
the period specified in subdivision (2) of this subsection
(r) in each local unit of government's jurisdiction,
irrespective of the number of customers affected.
(4) Any customer, the Attorney General, or a local unit
of government may pursue alleged violations of this Act by
the cable or video provider in a court of competent
jurisdiction. A cable or video provider may seek judicial
review of a decision of a local unit of government imposing

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penalties in a court of competent jurisdiction. No local
unit of government shall be subject to suit for damages or
other relief based upon its action in connection with its
enforcement or review of any of the terms, conditions, and
rights contained in this Act except a court may require the
return of any penalty it finds was not properly assessed or
imposed.
(s) Cable or video providers shall credit customers for
violations in the amounts stated herein. The credits shall be
applied on the statement issued to the customer for the next
monthly billing cycle following the violation or following the
discovery of the violation. Cable or video providers are
responsible for providing the credits described herein and the
customer is under no obligation to request the credit. If the
customer is no longer taking service from the cable or video
provider, the credit amount will be refunded to the customer by
check within 30 days of the termination of service. A local
unit of government may, by ordinance, adopt a schedule of
credits payable directly to customers for breach of the
customer service standards and obligations contained in this
Article, provided the schedule of customer credits applies on a
competitively neutral basis to all providers of cable service
or video service in the local unit of government's jurisdiction
and the credits are not greater than the credits provided in
this Section.
(1) Failure to provide notice of customer service

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standards upon initiation of service: $25.00.
(2) Failure to install service within 7 days: Waiver of
50% of the installation fee or the monthly fee for the
lowest-cost basic service, whichever is greater. Failure
to install service within 14 days: Waiver of 100% of the
installation fee or the monthly fee for the lowest-cost
basic service, whichever is greater.
(3) Failure to remedy service interruptions or poor
video or audio service quality within 48 hours: Pro-rata
credit of total regular monthly charges equal to the number
of days of the service interruption.
(1) (4) Failure to keep an appointment or to notify the
customer prior to the close of business on the business day
prior to the scheduled appointment: $25.00.
(5) Violation of privacy protections: $150.00.
(6) Failure to comply with scrambling requirements:
$50.00 per month.
(2) (7) Violation of customer service and billing
standards in subsections (c) and (d) of this Section:
$25.00 per occurrence.
(3) (8) Violation of the bundling rules in subsection
(h) of this Section: $25.00 per month.
(t) The enforcement powers granted to the Attorney General
in Article XXI of this Act shall apply to this Article, except
that the Attorney General may not seek penalties for violation
of this Article other than in the amounts specified herein.

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Nothing in this Section shall limit or affect the powers of the
Attorney General to enforce the provisions of Article XXI of
this Act or the Consumer Fraud and Deceptive Business Practices
Act.
(u) This Article applies to all cable and video providers
in the State, including but not limited to those operating
under a local franchise as that term is used in 47 U.S.C.
522(9), those operating under authorization pursuant to
Section 11-42-11 of the Illinois Municipal Code, those
operating under authorization pursuant to Section 5-1095 of the
Counties Code, and those operating under a State-issued
authorization pursuant to Article XXI of this Act.
(Source: P.A. 96-927, eff. 6-15-10; 97-1108, eff. 1-1-13;
97-1150, eff. 1-25-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.".