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| Public Act 100-0719
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| SB2908 Enrolled | LRB100 19089 SMS 34346 b |
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing |
Section 13-406.1 as follows:
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(220 ILCS 5/13-406.1) |
(Section scheduled to be repealed on December 31, 2020) |
Sec. 13-406.1. Large Electing Provider transition to |
IP-based networks and service. |
(a) As used in this Section: |
"Alternative voice service" means service that includes |
all of the applicable functionalities for voice telephony |
services described in 47 CFR 54.101(a). |
"Existing customer" means a residential customer of the |
Large Electing Provider who is subscribing to a |
telecommunications service on the date the Large Electing |
Provider sends its notice under paragraph (1) of subsection (c) |
of this Section of its intent to cease offering and providing |
service. For purposes of this Section, a residential customer |
of the Large Electing Provider whose service has been |
temporarily suspended, but not finally terminated as of the |
date that the Large Electing Provider sends that notice, shall |
be deemed to be an "existing customer". |
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"Large Electing Provider" means an Electing Provider, as |
defined in Section 13-506.2 of this Act, that (i) reported in |
its annual competition report for the year 2016 filed with the |
Commission under Section 13-407 of this Act and 83 Ill. Adm. |
Code 793 that it provided at least 700,000 access lines to end |
users; and (ii) is affiliated with a provider of commercial |
mobile radio service, as defined in 47 CFR 20.3, as of January |
1, 2017. |
"New customer" means a residential customer who is not |
subscribing to a telecommunications service provided by the |
Large Electing Provider on the date the Large Electing Provider |
sends its notice under paragraph (1) of subsection (c) of this |
Section of its intent to cease offering and providing that |
service. |
"Provider" includes every corporation, company, |
association, firm, partnership, and individual and their |
lessees, trustees, or receivers appointed by a court that sell |
or offer to sell an alternative voice service. |
"Reliable access to 9-1-1" means access to 9-1-1 that |
complies with the applicable rules, regulations, and |
guidelines established by the Federal Communications |
Commission and the applicable provisions of the Emergency |
Telephone System Act and implementing rules. |
"Willing provider" means a provider that voluntarily |
participates in the request for service process. |
(b) Beginning June 30, 2017, a Large Electing Provider may, |
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to the extent permitted by and consistent with federal law, |
including, as applicable, approval by the Federal |
Communications Commission of the discontinuance of the |
interstate-access component of a telecommunications service, |
cease to offer and provide a telecommunications service to an |
identifiable class or group of customers, other than voice |
telecommunications service to residential customers or a |
telecommunications service to a class of customers under |
subsection (b-5) of this Section, upon 60 days' notice to the |
Commission and affected customers. |
(b-5) Notwithstanding any provision to the contrary in this |
Section 13-406.1, beginning December 31, 2021, a Large Electing |
Provider may, to the extent permitted by and consistent with |
federal law, including, if applicable, approval by the Federal |
Communications Commission of the discontinuance of the |
interstate-access component of a telecommunication service, |
cease to offer and provide a telecommunications service to one |
or more of the following classes or groups of customers upon 60 |
days' notice to the Commission and affected customers: (1) |
electric utilities, as defined in Section 16-102 of this Act; |
(2) public utilities, as defined in Section 3-105 of this Act, |
that offers natural gas or water services; (3) electric, gas, |
and water utilities that are excluded from the definition of |
public utility under paragraph (1) of subsection (b) of Section |
3-105 of this Act; (4) water companies as described in |
paragraph (2) of subsection (b) of Section 3-105 of this Act; |
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(5) natural gas cooperatives as described in paragraph (4) of |
subsection (b) of Section 3-105 of this Act; (6) electric |
cooperatives as defined in Section 3-119 of this Act; (7) |
entities engaged in the commercial generation of electric power |
and energy; (8) the functional divisions of public agencies, as |
defined in Section 2 of the Emergency Telephone System Act, |
that provide police or firefighting services; and (9) 9-1-1 |
Authorities, as defined in Section 2 of the Emergency Telephone |
System Act; provided that the date shall be extended to |
December 21, 2022, for (i) an electric utility, as defined in |
Section 16-102 of this Act, that serves more than 3 million |
customers in the State; and (ii) an entity engaged in the |
commercial generation of electric power and energy that |
operates one or more nuclear power plants in the State. |
(c) Beginning June 30, 2017, a Large Electing Provider may, |
to the extent permitted by and consistent with federal law, |
cease to offer and provide voice telecommunications service to |
an identifiable class or group of residential customers, which, |
for the purposes of this subsection (c), shall be referred to |
as "requested service", subject to compliance with the |
following requirements: |
(1) No less than 255 days prior to providing notice to |
the Federal Communications Commission of its intent to |
discontinue the interstate-access component of the |
requested service, the Large Electing Provider shall: |
(A) file a notice of the proposed cessation of the |
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requested service with the Commission, which shall |
include a statement that the Large Electing Provider |
will comply with any service discontinuance rules and |
regulations of the Federal Communications Commission |
pertaining to compatibility of alternative voice |
services with medical monitoring devices; and |
(B) provide notice of the proposed cessation of the |
requested service to each of the Large Electing |
Provider's existing customers within the affected |
geographic area by first-class mail separate from |
customer bills. If the customer has elected to receive |
electronic billing, the notice shall be sent |
electronically and by first-class mail separate from |
customer bills. The notice provided under this |
subparagraph (B) shall describe the requested service, |
identify the earliest date on which the Large Electing |
Provider intends to cease offering or providing the |
telecommunications service, provide a telephone number |
by which the existing customer may contact a service |
representative of the Large Electing Provider, and |
provide a telephone number by which the existing |
customer may contact the Commission's Consumer |
Services Division. The notice shall also include the |
following statement in English and in Spanish: |
"If you do not believe that an alternative |
voice service including reliable access to 9-1-1 |
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is available to you, from either [name of Large |
Electing Provider] or another provider of wired or |
wireless voice service where you live, you have the |
right to request the Illinois Commerce Commission |
to investigate the availability of alternative |
voice service including reliable access to 9-1-1. |
To do so, you must submit such a request either in |
writing or by signing and returning a copy of this |
notice, no later than (insert date), 60 days after |
the date of the notice to the following address: |
Chief Clerk of the Illinois Commerce Commission |
527 East Capitol Avenue |
Springfield, Illinois 62706 |
You must include in your request a reference to |
the notice you received from [Large Electing |
Provider's name] and the date of notice.". |
Thirty days following the date of notice, the Large |
Electing Provider shall provide each customer to which |
the notice was sent a follow-up notice containing the |
same information and reminding customers of the |
deadline for requesting the Commission to investigate |
alternative voice service with access to 9-1-1. |
(2) After June 30, 2017, and only in a geographic area |
for which a Large Electing Provider has provided notice of |
proposed cessation of the requested service to existing |
customers under paragraph (1) of this subsection (c), an |
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existing customer of that provider may, within 60 days |
after issuance of such notice, request the Commission to |
investigate the availability of alternative voice service |
including reliable access to 9-1-1 to that customer. For |
the purposes of this paragraph (2), existing customers who |
make such a request are referred to as "requesting existing |
customers". The Large Electing Provider may cease to offer |
or provide the requested service to existing customers who |
do not make a request for investigation beginning 30 days |
after issuance of the notice required by paragraph (5) of |
this subsection (c). |
(A) In response to all requests and investigations |
under this paragraph (2), the Commission shall conduct |
a single investigation to be commenced 75 days after |
the receipt of notice under paragraph (1) of this |
subsection (c), and completed within 135 days after |
commencement. The Commission shall, within 135 days |
after commencement of the investigation, make one of |
the findings described in subdivisions (i) and (ii) of |
this subparagraph (A) for each requesting existing |
customer. |
(i) If, as a result of the investigation, the |
Commission finds that service from at least one |
provider offering alternative voice service |
including reliable access to 9-1-1 through any |
technology or medium is available to one or more |
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requesting existing customers, the Commission |
shall declare by order that, with respect to each |
requesting existing customer for which such a |
finding is made, the Large Electing Provider may |
cease to offer or provide the requested service |
beginning 30 days after the issuance of the notice |
required by paragraph (5) of this subsection (c). |
(ii) If, as a result of the investigation, the |
Commission finds that service from at least one |
provider offering alternative voice service, |
including reliable access to 9-1-1, through any |
technology or medium is not available to one or |
more requesting existing customers, the Commission |
shall declare by order that an emergency exists |
with respect to each requesting existing customer |
for which such a finding is made. |
(B) If the Commission declares an emergency under |
subdivision (ii) of subparagraph (A) of this paragraph |
(2) with respect to one or more requesting existing |
customers, the Commission shall conduct a request for |
service process to identify a willing provider of |
alternative voice service including reliable access to |
9-1-1. A provider shall not be required to participate |
in the request for service process. The willing |
provider may utilize any form of technology that is |
capable of providing alternative voice service |
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including reliable access to 9-1-1, including, without |
limitation, Voice over Internet Protocol services and |
wireless services. The Commission shall, within 45 |
days after the issuance of an order finding that an |
emergency exists, make one of the determinations |
described in subdivisions (i) and (ii) of this |
subparagraph (B) for each requesting existing customer |
for which an emergency has been declared. |
(i) If the Commission determines that another |
provider is willing and capable of providing |
alternative voice service including reliable |
access to 9-1-1 to one or more requesting existing |
customers for which an emergency has been |
declared, the Commission shall declare by order |
that, with respect to each requesting existing |
customer for which such a determination is made, |
the Large Electing Provider may cease to offer or |
provide the requested service beginning 30 days |
after the issuance of the notice required by |
paragraph (5) of this Section. |
(ii) If the Commission determines that for one |
or more of the requesting existing customers for |
which an emergency has been declared there is no |
other provider willing and capable of providing |
alternative voice service including reliable |
access to 9-1-1, the Commission shall issue an |
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order requiring the Large Electing Provider to |
provide alternative voice service including |
reliable access to 9-1-1 to each requesting |
existing customer utilizing any form of technology |
capable of providing alternative voice service |
including reliable access to 9-1-1, including, |
without limitation, continuation of the requested |
service, Voice over Internet Protocol services, |
and wireless services, until another willing |
provider is available. A Large Electing Provider |
may fulfill the requirement through an affiliate |
or another provider. The Large Electing Provider |
may request that such an order be rescinded upon a |
showing that an alternative voice service |
including reliable access to 9-1-1 has become |
available to the requesting existing customer from |
another provider. |
(3) If the Commission receives no requests for |
investigation from any existing customer under paragraph |
(2) of this subsection (c) within 60 days after issuance of |
the notice under paragraph (1) of this subsection (c), the |
Commission shall provide written notice to the Large |
Electing Provider of that fact no later than 75 days after |
receipt of notice under paragraph (1) of this subsection |
(c). Notwithstanding any provision of this subsection (c) |
to the contrary, if no existing customer requests an |
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investigation under paragraph (2) of this subsection (c), |
the Large Electing Provider may immediately provide the |
notice to the Federal Communications Commission as |
described in paragraph (4) of this subsection (c). |
(4) At the same time that it provides notice to the |
Federal Communications Commission of its intent to |
discontinue the interstate-access component of the |
requested service, the Large Electing Provider shall: |
(A) file a notice of proposal to cease to offer and |
provide the requested service with the Commission; and |
(B) provide a notice of proposal to cease to offer |
and provide the requested service to existing |
customers and new customers receiving the service at |
the time of the notice within each affected geographic |
area, with the notice made by first-class mail or |
within customer bills delivered by mail or equivalent |
means of notice, including electronic means if the |
customer has elected to receive electronic billing. |
The notice provided under this subparagraph (B) shall |
include a brief description of the requested service, |
the date on which the Large Electing Provider intends |
to cease offering or providing the telecommunications |
service, and a statement as required by 47 CFR 63.71 |
that describes the process by which the customer may |
submit comments to the Federal Communications |
Commission. |
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(5) Upon approval by the Federal Communications |
Commission of its request to discontinue the |
interstate-access component of the requested service and |
subject to the requirements of any order issued by the |
Commission under subdivision (ii) of subparagraph (B) of |
paragraph (2) of this subsection (c), the Large Electing |
Provider may immediately cease to offer the requested |
service to all customers not receiving the service on the |
date of the Federal Communications Commission's approval |
and may cease to offer and provide the requested service to |
all customers receiving the service at the time of the |
Federal Communications Commission's approval upon 30 days' |
notice to the Commission and affected customers. Notice to |
affected customers under this paragraph (5) shall be |
provided by first-class mail separate from customer bills. |
The notice provided under this paragraph (5) shall describe |
the requested service, identify the date on which the Large |
Electing Provider intends to cease offering or providing |
the telecommunications service, and provide a telephone |
number by which the existing customer may contact a service |
representative of the Large Electing Provider. |
(6) The notices provided for in paragraph (1) of this |
subsection (c) are not required as a prerequisite for the |
Large Electing Provider to cease to offer or provide a |
telecommunications service in a geographic area where |
there are no residential customers taking service from the |
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Large Electing Provider on the date that the Large Electing |
Provider files notice to the Federal Communications |
Commission of its intent to discontinue the |
interstate-access component of the requested service in |
that geographic area. |
(7) For a period of 45 days following the date of a |
notice issued under paragraph (5) of this Section, an |
existing customer (i) who is located in the affected |
geographic area subject to that notice; (ii) who was |
receiving the requested service as of the date of the |
Federal Communications Commission's approval of the Large |
Electing Provider's request to discontinue the |
interstate-access component of the requested service; |
(iii) who did not make a timely request for investigation |
under paragraph (2) of this subsection (c); and (iv) whose |
service will be or has been discontinued under paragraph |
(5), may request assistance from the Large Electing |
Provider in identifying providers of alternative voice |
service including reliable access to 9-1-1. Within 15 days |
of the request, the Large Electing Provider shall provide |
the customer with a list of alternative voice service |
providers. |
(8) Notwithstanding any other provision of this Act, |
except as expressly authorized by this subsection (c), the |
Commission may not, upon its own motion or upon complaint, |
investigate, suspend, disapprove, condition, or otherwise |
