Bill Text: IL SB3437 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. In a provision concerning market regulation for competitive retail services, makes changes to the definition of "basic local exchange service". Provides that "basic local exchange service" means residential and business lines used for local exchange telecommunications service (rather than 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). Retains within the definition that Extended Area Service shall be included in basic local exchange service. Provides that an Electing Provider shall restore basic local exchange service for the customer within 24 (rather than 30) hours after receiving notice that the customer is out of service. Provides that if an Electing Provider fails to repair an out-of-service condition for basic local exchange service within 24 (rather than 30) hours, the Electing Provider shall provide a credit to the customer. Provides that if the service disruption is for more than 24 (rather 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. Makes related changes to provisions requiring Electing Providers to make quarterly reports to the Illinois Commerce Commission.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-06-28 - Referred to Assignments [SB3437 Detail]

Download: Illinois-2015-SB3437-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 SB3437 Introduced 6/28/2016, by Sen. Wm. Sam McCann SYNOPSIS AS INTRODUCED:
220 ILCS 5/13-506.2
Amends the Public Utilities Act. In a provision concerning market regulation for competitive retail services, makes changes to the definition of "basic local exchange service". Provides that "basic local exchange service" means residential and business lines used for local exchange telecommunications service (rather than 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). Retains within the definition that Extended Area Service shall be included in basic local exchange service. Provides that an Electing Provider shall restore basic local exchange service for the customer within 24 (rather than 30) hours after receiving notice that the customer is out of service. Provides that if an Electing Provider fails to repair an out-of-service condition for basic local exchange service within 24 (rather than 30) hours, the Electing Provider shall provide a credit to the customer. Provides that if the service disruption is for more than 24 (rather 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. Makes related changes to provisions requiring Electing Providers to make quarterly reports to the Illinois Commerce Commission.
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A BILL FOR
SB3437 LRB099 22209 EGJ 49578 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Section 13-506.2 as follows:
(220 ILCS 5/13-506.2)
(Section scheduled to be repealed on July 1, 2017)
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
regulated pursuant to the terms of this Article.
(2) "Basic local exchange service" means residential
and business lines used for local exchange
telecommunications service 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

SB3437 - 2 - LRB099 22209 EGJ 49578 b
line for which local calls are not charged for frequency or
duration. Extended Area Service shall be included in basic
local exchange service.
(3) "Existing customer" means a residential customer
who was subscribing to one of the optional packages
described in subsection (d) of this Section as of the
effective date of this amendatory Act of the 99th General
Assembly. A customer who was subscribing to one of the
optional packages on that date but stops subscribing
thereafter shall not be considered an "existing customer"
as of the date the customer stopped subscribing to the
optional package, unless the stoppage is temporary and
caused by the customer changing service address locations,
or unless the customer resumes subscribing and is eligible
to receive discounts on monthly telephone service under the
federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
(4) "New customer" means a residential customer who was
not subscribing to one of the optional packages described
in subsection (d) of this Section as of the effective date
of this amendatory Act of the 99th General Assembly and who
is eligible to receive discounts on monthly telephone
service under the federal Lifeline program, 47 C.F.R. Part
54, Subpart E.
(b) Election for market regulation. Notwithstanding any
other provision of this Act, an Electing Provider may elect to
have the rates, terms, and conditions of its competitive retail

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telecommunications services solely determined and regulated
pursuant to the terms of this Section by filing written notice
of its election for market regulation with the Commission. The
notice of election shall designate the geographic area of the
Electing Provider's service territory where the market
regulation shall apply, either on a state-wide basis or in one
or more specified Market Service Areas ("MSA") or Exchange
areas. An Electing Provider shall not make an election for
market regulation under this Section unless it commits in its
written notice of election for market regulation to fulfill the
conditions and requirements in this Section in each geographic
area in which market regulation is elected. Immediately upon
filing the notice of election for market regulation, the
Electing Provider shall be subject to the jurisdiction of the
Commission to the extent expressly provided in this Section.
(c) Competitive classification. Market regulation shall be
available for competitive retail telecommunications services
as provided in this subsection.
(1) For geographic areas in which telecommunications
services provided by the Electing Provider were classified
as competitive either through legislative action or a
tariff filing pursuant to Section 13-502 prior to January
1, 2010, and that are included in the Electing Provider's
notice of election pursuant to subsection (b) of this
Section, such services, and all recurring and nonrecurring
charges associated with, related to or used in connection

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with such services, shall be classified as competitive
without further Commission review. For services classified
as competitive pursuant to this subsection, the
requirements or conditions in any order or decision
rendered by the Commission pursuant to Section 13-502 prior
to the effective date of this amendatory Act of the 96th
General Assembly, except for the commitments made by the
Electing Provider in such order or decision concerning the
optional packages required in subsection (d) of this
Section and basic local exchange service as defined in this
Section, shall no longer be in effect and no Commission
investigation, review, or proceeding under Section 13-502
shall be continued, conducted, or maintained with respect
to such services, charges, requirements, or conditions. If
an Electing Provider has ceased providing optional
packages to customers pursuant to subdivision (d)(8) of
this Section, the commitments made by the Electing Provider
in such order or decision concerning the optional packages
under subsection (d) of this Section shall no longer be in
effect and no Commission investigation, review, or
proceeding under Section 13-502 shall be continued,
conducted, or maintained with respect to such packages.
(2) For those geographic areas in which residential
local exchange telecommunications services have not been
classified as competitive as of the effective date of this
amendatory Act of the 96th General Assembly, all

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telecommunications services provided to residential and
business end users by an Electing Provider in the
geographic area that is included in its notice of election
pursuant to subsection (b) shall be classified as
competitive for purposes of this Article without further
Commission review.
(3) If an Electing Provider was previously subject to
alternative regulation pursuant to Section 13-506.1 of
this Article, the alternative regulation plan shall
terminate in whole for all services subject to that plan
and be of no force or effect, without further Commission
review or action, when the Electing Provider's residential
local exchange telecommunications service in each MSA in
its telecommunications service area in the State has been
classified as competitive pursuant to either subdivision
(c)(1) or (c)(2) of this Section.
(4) The service packages described in Section 13-518
shall be classified as competitive for purposes of this
Section if offered by an Electing Provider in a geographic
area in which local exchange telecommunications service
has been classified as competitive pursuant to either
subdivision (c)(1) or (c)(2) of this Section.
(5) Where a service, or its functional equivalent, or a
substitute service offered by a carrier that is not an
Electing Provider or the incumbent local exchange carrier
for that area is also being offered by an Electing Provider

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for some identifiable class or group of customers in an
exchange, group of exchanges, or some other clearly defined
geographical area, the service offered by a carrier that is
not an Electing Provider or the incumbent local exchange
carrier for that area shall be classified as competitive
without further Commission review.
(6) Notwithstanding any other provision of this Act,
retail telecommunications services classified as
competitive pursuant to Section 13-502 or subdivision
(c)(5) of this Section shall have their rates, terms, and
conditions solely determined and regulated pursuant to the
terms of this Section in the same manner and to the same
extent as the competitive retail telecommunications
services of an Electing Provider, except that subsections
(d), (g), and (j) of this Section shall not apply to a
carrier that is not an Electing Provider or to the
competitive telecommunications services of a carrier that
is not an Electing Provider. The access services of a
carrier that is not an Electing Provider shall remain
subject to Section 13-900.2. The requirements in
subdivision (e)(3) of this Section shall not apply to
retail telecommunications services classified as
competitive pursuant to Section 13-502 or subdivision
(c)(5) of this Section, except that, upon request from the
Commission, the telecommunications carrier providing
competitive retail telecommunications services shall

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provide a report showing the number of credits and
exemptions for the requested time period.
(d) Consumer choice safe harbor options.
(1) Subject to subdivision (d)(8) of this Section, an
Electing Provider in each of the MSA or Exchange areas
classified as competitive pursuant to subdivision (c)(1)
or (c)(2) of this Section shall offer to all residential
customers who choose to subscribe the following optional
packages of services priced at the same rate levels in
effect on January 1, 2010:
(A) A basic package, which shall consist of a
stand-alone residential network access line and 30
local calls. If the Electing Provider offers a
stand-alone residential access line and local usage on
a per call basis, the price for the basic package shall
be the Electing Provider's applicable price in effect
on January 1, 2010 for the sum of a residential access
line and 30 local calls, additional calls over 30 calls
shall be provided at the current per call rate.
However, this basic package is not required if
stand-alone residential network access lines or
per-call local usage are not offered by the Electing
Provider in the geographic area on January 1, 2010 or
if the Electing Provider has not increased its
stand-alone network access line and local usage rates,
including Extended Area Service rates, since January

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1, 2010.
(B) An extra package, which shall consist of
residential basic local exchange network access line
and unlimited local calls. The price for the extra
package shall be the Electing Provider's applicable
price in effect on January 1, 2010 for a residential
access line with unlimited local calls.
(C) A plus package, which shall consist of
residential basic local exchange network access line,
unlimited local calls, and the customer's choice of 2
vertical services offered by the Electing Provider.
The term "vertical services" as used in this
subsection, includes, but is not limited to, call
waiting, call forwarding, 3-way calling, caller ID,
call tracing, automatic callback, repeat dialing, and
voicemail. The price for the plus package shall be the
Electing Provider's applicable price in effect on
January 1, 2010 for the sum of a residential access
line with unlimited local calls and 2 times the average
price for the vertical features included in the
package.
(2) Subject to subdivision (d)(8) of this Section, for
those geographic areas in which local exchange
telecommunications services were classified as competitive
on the effective date of this amendatory Act of the 96th
General Assembly, an Electing Provider in each such MSA or

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Exchange area shall be subject to the same terms and
conditions as provided in commitments made by the Electing
Provider in connection with such previous competitive
classifications, which shall apply with equal force under
this Section, except as follows: (i) the limits on price
increases on the optional packages required by this Section
shall be extended consistent with subsection (d)(1) of this
Section and (ii) the price for the extra package required
by subsection (d)(1)(B) shall be reduced by one dollar from
the price in effect on January 1, 2010. In addition, if an
Electing Provider obtains a competitive classification
pursuant to subsection (c)(1) and (c)(2), the price for the
optional packages shall be determined in such area in
compliance with subsection (d)(1), except the price for the
plus package required by subsection (d)(1) (C) shall be the
lower of the price for such area or the price of the plus
package in effect on January 1, 2010 for areas classified
as competitive pursuant to subsection (c)(1).
(3) To the extent that the requirements in Section
13-518 applied to a telecommunications carrier prior to the
effective date of this Section and that telecommunications
carrier becomes an Electing Provider in accordance with the
provisions of this Section, the requirements in Section
13-518 shall cease to apply to that Electing Provider in
those geographic areas included in the Electing Provider's
notice of election pursuant to subsection (b) of this

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Section.
(4) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall make the optional packages
required by this subsection and stand-alone residential
network access lines and local usage, where offered,
readily available to the public by providing information,
in a clear manner, to residential customers. Information
shall be made available on a website, and an Electing
Provider shall provide notification to its customers every
6 months, provided that notification may consist of a bill
page message that provides an objective description of the
safe harbor options that includes a telephone number and
website address where the customer may obtain additional
information about the packages from the Electing Provider.
The optional packages shall be offered on a monthly basis
with no term of service requirement. An Electing Provider
shall allow online electronic ordering of the optional
packages and stand-alone residential network access lines
and local usage, where offered, on its website in a manner
similar to the online electronic ordering of its other
residential services.
(5) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall comply with the Commission's
existing rules, regulations, and notices in Title 83, Part
735 of the Illinois Administrative Code when offering or
providing the optional packages required by this

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subsection (d) and stand-alone residential network access
lines.
(6) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall provide to the Commission
semi-annual subscribership reports as of June 30 and
December 31 that contain the number of its customers
subscribing to each of the consumer choice safe harbor
packages required by subsection (d)(1) of this Section and
the number of its customers subscribing to retail
residential basic local exchange service as defined in
subsection (a)(2) of this Section. The first semi-annual
reports shall be made on April 1, 2011 for December 31,
2010, and on September 1, 2011 for June 30, 2011, and
semi-annually on April 1 and September 1 thereafter. Such
subscribership information shall be accorded confidential
and proprietary treatment upon request by the Electing
Provider.
(7) The Commission shall have the power, after notice
and hearing as provided in this Article, upon complaint or
upon its own motion, to take corrective action if the
requirements of this Section are not complied with by an
Electing Provider.
(8) On and after the effective date of this amendatory
Act of the 99th General Assembly, an Electing Provider
shall continue to offer and provide the optional packages
described in this subsection (d) to existing customers and

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new customers. On and after July 1, 2017, an Electing
Provider may immediately stop offering the optional
packages described in this subsection (d) and, upon
providing two notices to affected customers and to the
Commission, may stop providing the optional packages
described in this subsection (d) to all customers who
subscribe to one of the optional packages. The first notice
shall be provided at least 90 days before the date upon
which the Electing Provider intends to stop providing the
optional packages, and the second notice must be provided
at least 30 days before that date. The first notice shall
not be provided prior to July 1, 2017. Each notice must
identify the date on which the Electing Provider intends to
stop providing the optional packages, at least one
alternative service available to the customer, and a
telephone number by which the customer may contact a
service representative of the Electing Provider. After
July 1, 2017 with respect to new customers, and upon the
expiration of the second notice period with respect to
customers who were subscribing to one of the optional
packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
(d)(6), and (d)(7) of this Section shall not apply to the
Electing Provider. Notwithstanding any other provision of
this Article, an Electing Provider that has ceased
providing the optional packages under this subdivision
(d)(8) is not subject to Section 13-301(1)(c) of this Act.

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Notwithstanding any other provision of this Act, and
subject to subdivision (d)(7) of this Section, the
Commission's authority over the discontinuance of the
optional packages described in this subsection (d) by an
Electing Provider shall be governed solely by this
subsection (d)(8).
(e) Service quality and customer credits for basic local
exchange service.
(1) An Electing Provider shall meet the following
service quality standards in providing basic local
exchange service, which for purposes of this subsection
(e), includes both basic local exchange service and any
consumer choice safe harbor options that may be required by
subsection (d) of this Section.
(A) Install basic local exchange service within 5
business days after receipt of an order from the
customer unless the customer requests an installation
date that is beyond 5 business days after placing the
order for basic service and to inform the customer of
the Electing Provider's duty to install service within
this timeframe. If installation of service is
requested on or by a date more than 5 business days in
the future, the Electing Provider shall install
service by the date requested.
(B) Restore basic local exchange service for the
customer within 24 30 hours after receiving notice that

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the customer is out of service.
(C) Keep all repair and installation appointments
for basic local exchange service if a customer premises
visit requires a customer to be present. The
appointment window shall be either a specific time or,
at a maximum, a 4-hour time block during evening,
weekend, and normal business hours.
(D) Inform a customer when a repair or installation
appointment requires the customer to be present.
(2) Customers shall be credited by the Electing
Provider for violations of basic local exchange service
quality standards described in subdivision (e)(1) of this
Section. The credits shall be applied automatically on the
statement issued to the customer for the next monthly
billing cycle following the violation or following the
discovery of the violation. The next monthly billing cycle
following the violation or the discovery of the violation
means the billing cycle immediately following the billing
cycle in process at the time of the violation or discovery
of the violation, provided the total time between the
violation or discovery of the violation and the issuance of
the credit shall not exceed 60 calendar days. The Electing
Provider is responsible for providing the credits and the
customer is under no obligation to request such credits.
The following credits shall apply:
(A) If an Electing Provider fails to repair an

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out-of-service condition for basic local exchange
service within 24 30 hours, the Electing Provider shall
provide a credit to the customer. If the service
disruption is for more than 24 30 hours, but not more
than 48 hours, the credit must be equal to a pro-rata
portion of the monthly recurring charges for all basic
local exchange services disrupted. If the service
disruption is for more than 48 hours, but not more than
72 hours, the credit must be equal to at least 33% of
one month's recurring charges for all local services
disrupted. If the service disruption is for more than
72 hours, but not more than 96 hours, the credit must
be equal to at least 67% of one month's recurring
charges for all basic local exchange services
disrupted. If the service disruption is for more than
96 hours, but not more than 120 hours, the credit must
be equal to one month's recurring charges for all basic
local exchange services disrupted. For each day or
portion thereof that the service disruption continues
beyond the initial 120-hour period, the Electing
Provider shall also provide an additional credit of $20
per calendar day.
(B) If an Electing Provider fails to install basic
local exchange service as required under subdivision
(e)(1) of this Section, the Electing Provider shall
waive 50% of any installation charges, or in the

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absence of an installation charge or where
installation is pursuant to the Link Up program, the
Electing Provider shall provide a credit of $25. If an
Electing Provider fails to install service within 10
business days after the service application is placed,
or fails to install service within 5 business days
after the customer's requested installation date, if
the requested date was more than 5 business days after
the date of the order, the Electing Provider shall
waive 100% of the installation charge, or in the
absence of an installation charge or where
installation is provided pursuant to the Link Up
program, the Electing Provider shall provide a credit
of $50. For each day that the failure to install
service continues beyond the initial 10 business days,
or beyond 5 business days after the customer's
requested installation date, if the requested date was
more than 5 business days after the date of the order,
the Electing Provider shall also provide an additional
credit of $20 per calendar day until the basic local
exchange service is installed.
(C) If an Electing Provider fails to keep a
scheduled repair or installation appointment when a
customer premises visit requires a customer to be
present as required under subdivision (e)(1) of this
Section, the Electing Provider shall credit the

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customer $25 per missed appointment. A credit required
by this subdivision does not apply when the Electing
Provider provides the customer notice of its inability
to keep the appointment no later than 8:00 pm of the
day prior to the scheduled date of the appointment.
(D) Credits required by this subsection do not
apply if the violation of a service quality standard:
(i) occurs as a result of a negligent or
willful act on the part of the customer;
(ii) occurs as a result of a malfunction of
customer-owned telephone equipment or inside
wiring;
(iii) occurs as a result of, or is extended by,
an emergency situation as defined in 83 Ill. Adm.
Code 732.10;
(iv) is extended by the Electing Provider's
inability to gain access to the customer's
premises due to the customer missing an
appointment, provided that the violation is not
further extended by the Electing Provider;
(v) occurs as a result of a customer request to
change the scheduled appointment, provided that
the violation is not further extended by the
Electing Provider;
(vi) occurs as a result of an Electing
Provider's right to refuse service to a customer as

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provided in Commission rules; or
(vii) occurs as a result of a lack of
facilities where a customer requests service at a
geographically remote location, where a customer
requests service in a geographic area where the
Electing Provider is not currently offering
service, or where there are insufficient
facilities to meet the customer's request for
service, subject to an Electing Provider's
obligation for reasonable facilities planning.
(3) Each Electing Provider shall provide to the
Commission on a quarterly basis and in a form suitable for
posting on the Commission's website in conformance with the
rules adopted by the Commission and in effect on April 1,
2010, a public report that includes the following data for
basic local exchange service quality of service:
(A) With regard to credits due in accordance with
subdivision (e)(2)(A) as a result of out-of-service
conditions lasting more than 24 30 hours:
(i) the total dollar amount of any customer
credits paid;
(ii) the number of credits issued for repairs
between 24 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

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between 73 and 96 hours;
(v) the number of credits used for repairs
between 97 and 120 hours;
(vi) the number of credits issued for repairs
greater than 120 hours; and
(vii) the number of exemptions claimed for
each of the categories identified in subdivision
(e)(2)(D).
(B) With regard to credits due in accordance with
subdivision (e)(2)(B) as a result of failure to install
basic local exchange service:
(i) the total dollar amount of any customer
credits paid;
(ii) the number of installations after 5
business days;
(iii) the number of installations after 10
business days;
(iv) the number of installations after 11
business days; and
(v) the number of exemptions claimed for each
of the categories identified in subdivision
(e)(2)(D).
(C) With regard to credits due in accordance with
subdivision (e)(2)(C) as a result of missed
appointments:
(i) the total dollar amount of any customer

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credits paid;
(ii) the number of any customers receiving
credits; and
(iii) the number of exemptions claimed for
each of the categories identified in subdivision
(e)(2)(D).
(D) The Electing Provider's annual report required
by this subsection shall also include, for
informational reporting, the performance data
described in subdivisions (e)(2)(A), (e)(2)(B), and
(e)(2)(C), and trouble reports per 100 access lines
calculated using the Commission's existing applicable
rules and regulations for such measures, including the
requirements for service standards established in this
Section.
(4) It is the intent of the General Assembly that the
service quality rules and customer credits in this
subsection (e) of this Section and other enforcement
mechanisms, including fines and penalties authorized by
Section 13-305, shall apply on a nondiscriminatory basis to
all Electing Providers. Accordingly, notwithstanding any
provision of any service quality rules promulgated by the
Commission, any alternative regulation plan adopted by the
Commission, or any other order of the Commission, any
Electing Provider that is subject to any other order of the
Commission and that violates or fails to comply with the

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service quality standards promulgated pursuant to this
subsection (e) or any other order of the Commission shall
not be subject to any fines, penalties, customer credits,
or enforcement mechanisms other than such fines or
penalties or customer credits as may be imposed by the
Commission in accordance with the provisions of this
subsection (e) and Section 13-305, which are to be
generally applicable to all Electing Providers. The amount
of any fines or penalties imposed by the Commission for
failure to comply with the requirements of this subsection
(e) shall be an appropriate amount, taking into account, at
a minimum, the Electing Provider's gross annual intrastate
revenue; the frequency, duration, and recurrence of the
violation; and the relative harm caused to the affected
customers or other users of the network. In imposing fines
and penalties, the Commission shall take into account
compensation or credits paid by the Electing Provider to
its customers pursuant to this subsection (e) in
compensation for any violation found pursuant to this
subsection (e), and in any event the fine or penalty shall
not exceed an amount equal to the maximum amount of a civil
penalty that may be imposed under Section 13-305.
(5) An Electing Provider in each of the MSA or Exchange
areas classified as competitive pursuant to subsection (c)
of this Section shall fulfill the requirements in
subdivision (e)(3) of this Section for 3 years after its

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notice of election becomes effective. After such 3 years,
the requirements in subdivision (e)(3) of this Section
shall not apply to such Electing Provider, except that,
upon request from the Commission, the Electing Provider
shall provide a report showing the number of credits and
exemptions for the requested time period.
(f) Commission jurisdiction over competitive retail
telecommunications services. Except as otherwise expressly
stated in this Section, the Commission shall thereafter have no
jurisdiction or authority over any aspect of competitive retail
telecommunications service of an Electing Provider in those
geographic areas included in the Electing Provider's notice of
election pursuant to subsection (b) of this Section or of a
retail telecommunications service classified as competitive
pursuant to Section 13-502 or subdivision (c)(5) of this
Section, heretofore subject to the jurisdiction of the
Commission, including but not limited to, any requirements of
this Article related to the terms, conditions, rates, quality
of service, availability, classification or any other aspect of
any competitive retail telecommunications services. No
telecommunications carrier shall commit any unfair or
deceptive act or practice in connection with any aspect of the
offering or provision of any competitive retail
telecommunications service. Nothing in this Article shall
limit or affect any provisions in the Consumer Fraud and
Deceptive Business Practices Act with respect to any unfair or

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deceptive act or practice by a telecommunications carrier.
(g) Commission authority over access services upon
election for market regulation.
(1) As part of its Notice of Election for Market
Regulation, the Electing Provider shall reduce its
intrastate switched access rates to rates no higher than
its interstate switched access rates in 4 installments. The
first reduction must be made 30 days after submission of
its complete application for Notice of Election for Market
Regulation, and the Electing Provider must reduce its
intrastate switched access rates by an amount equal to 33%
of the difference between its current intrastate switched
access rates and its current interstate switched access
rates. The second reduction must be made no later than one
year after the first reduction, and the Electing Provider
must reduce its then current intrastate switched access
rates by an amount equal to 41% of the difference between
its then current intrastate switched access rates and its
then current interstate switched access rates. The third
reduction must be made no later than one year after the
second reduction, and the Electing Provider must reduce its
then current intrastate switched access rates by an amount
equal to 50% of the difference between its then current
intrastate switched access rate and its then current
interstate switched access rates. The fourth reduction
must be made on or before June 30, 2013, and the Electing

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Provider must reduce its intrastate switched access rate to
mirror its then current interstate switched access rates
and rate structure. Following the fourth reduction, each
Electing Provider must continue to set its intrastate
switched access rates to mirror its interstate switched
access rates and rate structure. For purposes of this
subsection, the rate for intrastate switched access
service means the composite, per-minute rate for that
service, including all applicable fixed and
traffic-sensitive charges, including, but not limited to,
carrier common line charges.
(2) Nothing in paragraph (1) of this subsection (g)
prohibits an Electing Provider from electing to offer
intrastate switched access service at rates lower than its
interstate switched access rates.
(3) The Commission shall have no authority to order an
Electing Provider to set its rates for intrastate switched
access at a level lower than its interstate switched access
rates.
(4) The Commission's authority under this subsection
(g) shall only apply to Electing Providers under Market
Regulation. The Commission's authority over switched
access services for all other carriers is retained under
Section 13-900.2 of this Act.
(h) Safety of service equipment and facilities.
(1) An Electing Provider shall furnish, provide, and

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maintain such service instrumentalities, equipment, and
facilities as shall promote the safety, health, comfort,
and convenience of its patrons, employees, and public and
as shall be in all respects adequate, reliable, and
efficient without discrimination or delay. Every Electing
Provider shall provide service and facilities that are in
all respects environmentally safe.
(2) The Commission is authorized to conduct an
investigation of any Electing Provider or part thereof. The
investigation may examine the reasonableness, prudence, or
efficiency of any aspect of the Electing Provider's
operations or functions that may affect the adequacy,
safety, efficiency, or reliability of telecommunications
service. The Commission may conduct or order an
investigation only when it has reasonable grounds to
believe that the investigation is necessary to assure that
the Electing Provider is providing adequate, efficient,
reliable, and safe service. The Commission shall, before
initiating any such investigation, issue an order
describing the grounds for the investigation and the
appropriate scope and nature of the investigation, which
shall be reasonably related to the grounds relied upon by
the Commission in its order.
(i) (Blank).
(j) Application of Article VII. The provisions of Sections
7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are

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applicable to an Electing Provider offering or providing retail
telecommunications service, and the Commission's regulation
thereof, except that (1) the approval of contracts and
arrangements with affiliated interests required by paragraph
(3) of Section 7-101 shall not apply to such telecommunications
carriers provided that, except as provided in item (2), those
contracts and arrangements shall be filed with the Commission;
(2) affiliated interest contracts or arrangements entered into
by such telecommunications carriers where the increased
obligation thereunder does not exceed the lesser of $5,000,000
or 5% of such carrier's prior annual revenue from
noncompetitive services are not required to be filed with the
Commission; and (3) any consent and approval of the Commission
required by Section 7-102 is not required for the sale, lease,
assignment, or transfer by any Electing Provider of any
property that is not necessary or useful in the performance of
its duties to the public.
(k) Notwithstanding other provisions of this Section, the
Commission retains its existing authority to enforce the
provisions, conditions, and requirements of the following
Sections of this Article: 13-101, 13-103, 13-201, 13-301,
13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,

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13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
and equally applicable to Electing Providers and to
telecommunications carriers providing retail
telecommunications service classified as competitive pursuant
to Section 13-502 or subdivision (c)(5) of this Section subject
to the provisions of this Section. On the effective date of
this amendatory Act of the 98th General Assembly, the following
Sections of this Article shall cease to apply to Electing
Providers and to telecommunications carriers providing retail
telecommunications service classified as competitive pursuant
to Section 13-502 or subdivision (c)(5) of this Section:
13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
and 13-712.
(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)