Illinois 2023-2024 Regular Session

Illinois House Bill HB4634 Compare Versions

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1-Public Act 103-0826
21 HB4634 EnrolledLRB103 36124 LNS 66215 b HB4634 Enrolled LRB103 36124 LNS 66215 b
32 HB4634 Enrolled LRB103 36124 LNS 66215 b
4-AN ACT concerning regulation.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 5. The Public Utilities Act is amended by changing
8-Section 13-506.2 as follows:
9-(220 ILCS 5/13-506.2)
10-(Section scheduled to be repealed on December 31, 2026)
11-Sec. 13-506.2. Market regulation for competitive retail
12-services.
13-(a) Definitions. As used in this Section:
14-(1) "Electing Provider" means a telecommunications
15-carrier that is subject to either rate regulation pursuant
16-to Section 13-504 or Section 13-505 or alternative
17-regulation pursuant to Section 13-506.1 and that elects to
18-have the rates, terms, and conditions of its competitive
19-retail telecommunications services solely determined and
20-regulated pursuant to the terms of this Article.
21-(2) "Basic local exchange service" means either a
22-stand-alone residence network access line and per-call
23-usage or, for any geographic area in which such
24-stand-alone service is not offered, a stand-alone flat
25-rate residence network access line for which local calls
26-are not charged for frequency or duration. Extended Area
3+1 AN ACT concerning regulation.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 5. The Public Utilities Act is amended by changing
7+5 Section 13-506.2 as follows:
8+6 (220 ILCS 5/13-506.2)
9+7 (Section scheduled to be repealed on December 31, 2026)
10+8 Sec. 13-506.2. Market regulation for competitive retail
11+9 services.
12+10 (a) Definitions. As used in this Section:
13+11 (1) "Electing Provider" means a telecommunications
14+12 carrier that is subject to either rate regulation pursuant
15+13 to Section 13-504 or Section 13-505 or alternative
16+14 regulation pursuant to Section 13-506.1 and that elects to
17+15 have the rates, terms, and conditions of its competitive
18+16 retail telecommunications services solely determined and
19+17 regulated pursuant to the terms of this Article.
20+18 (2) "Basic local exchange service" means either a
21+19 stand-alone residence network access line and per-call
22+20 usage or, for any geographic area in which such
23+21 stand-alone service is not offered, a stand-alone flat
24+22 rate residence network access line for which local calls
25+23 are not charged for frequency or duration. Extended Area
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33-Service shall be included in basic local exchange service.
34-(3) "Existing customer" means a residential customer
35-who was subscribing to one of the optional packages
36-described in subsection (d) of this Section as of the
37-effective date of this amendatory Act of the 99th General
38-Assembly. A customer who was subscribing to one of the
39-optional packages on that date but stops subscribing
40-thereafter shall not be considered an "existing customer"
41-as of the date the customer stopped subscribing to the
42-optional package, unless the stoppage is temporary and
43-caused by the customer changing service address locations,
44-or unless the customer resumes subscribing and is eligible
45-to receive discounts on monthly telephone service under
46-the federal Lifeline program, 47 C.F.R. Part 54, Subpart
47-E.
48-(4) "New customer" means a residential customer who
49-was not subscribing to one of the optional packages
50-described in subsection (d) of this Section as of the
51-effective date of this amendatory Act of the 99th General
52-Assembly and who is eligible to receive discounts on
53-monthly telephone service under the federal Lifeline
54-program, 47 C.F.R. Part 54, Subpart E.
55-(b) Election for market regulation. Notwithstanding any
56-other provision of this Act, an Electing Provider may elect to
57-have the rates, terms, and conditions of its competitive
58-retail telecommunications services solely determined and
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34+1 Service shall be included in basic local exchange service.
35+2 (3) "Existing customer" means a residential customer
36+3 who was subscribing to one of the optional packages
37+4 described in subsection (d) of this Section as of the
38+5 effective date of this amendatory Act of the 99th General
39+6 Assembly. A customer who was subscribing to one of the
40+7 optional packages on that date but stops subscribing
41+8 thereafter shall not be considered an "existing customer"
42+9 as of the date the customer stopped subscribing to the
43+10 optional package, unless the stoppage is temporary and
44+11 caused by the customer changing service address locations,
45+12 or unless the customer resumes subscribing and is eligible
46+13 to receive discounts on monthly telephone service under
47+14 the federal Lifeline program, 47 C.F.R. Part 54, Subpart
48+15 E.
49+16 (4) "New customer" means a residential customer who
50+17 was not subscribing to one of the optional packages
51+18 described in subsection (d) of this Section as of the
52+19 effective date of this amendatory Act of the 99th General
53+20 Assembly and who is eligible to receive discounts on
54+21 monthly telephone service under the federal Lifeline
55+22 program, 47 C.F.R. Part 54, Subpart E.
56+23 (b) Election for market regulation. Notwithstanding any
57+24 other provision of this Act, an Electing Provider may elect to
58+25 have the rates, terms, and conditions of its competitive
59+26 retail telecommunications services solely determined and
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61-regulated pursuant to the terms of this Section by filing
62-written notice of its election for market regulation with the
63-Commission. The notice of election shall designate the
64-geographic area of the Electing Provider's service territory
65-where the market regulation shall apply, either on a
66-state-wide basis or in one or more specified Market Service
67-Areas ("MSA") or Exchange areas. An Electing Provider shall
68-not make an election for market regulation under this Section
69-unless it commits in its written notice of election for market
70-regulation to fulfill the conditions and requirements in this
71-Section in each geographic area in which market regulation is
72-elected. Immediately upon filing the notice of election for
73-market regulation, the Electing Provider shall be subject to
74-the jurisdiction of the Commission to the extent expressly
75-provided in this Section.
76-(c) Competitive classification. Market regulation shall be
77-available for competitive retail telecommunications services
78-as provided in this subsection.
79-(1) For geographic areas in which telecommunications
80-services provided by the Electing Provider were classified
81-as competitive either through legislative action or a
82-tariff filing pursuant to Section 13-502 prior to January
83-1, 2010, and that are included in the Electing Provider's
84-notice of election pursuant to subsection (b) of this
85-Section, such services, and all recurring and nonrecurring
86-charges associated with, related to or used in connection
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89-with such services, shall be classified as competitive
90-without further Commission review. For services classified
91-as competitive pursuant to this subsection, the
92-requirements or conditions in any order or decision
93-rendered by the Commission pursuant to Section 13-502
94-prior to the effective date of this amendatory Act of the
95-96th General Assembly, except for the commitments made by
96-the Electing Provider in such order or decision concerning
97-the optional packages required in subsection (d) of this
98-Section and basic local exchange service as defined in
99-this Section, shall no longer be in effect and no
100-Commission investigation, review, or proceeding under
101-Section 13-502 shall be continued, conducted, or
102-maintained with respect to such services, charges,
103-requirements, or conditions. If an Electing Provider has
104-ceased providing optional packages to customers pursuant
105-to subdivision (d)(8) of this Section, the commitments
106-made by the Electing Provider in such order or decision
107-concerning the optional packages under subsection (d) of
108-this Section shall no longer be in effect and no
109-Commission investigation, review, or proceeding under
110-Section 13-502 shall be continued, conducted, or
111-maintained with respect to such packages.
112-(2) For those geographic areas in which residential
113-local exchange telecommunications services have not been
114-classified as competitive as of the effective date of this
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117-amendatory Act of the 96th General Assembly, all
118-telecommunications services provided to residential and
119-business end users by an Electing Provider in the
120-geographic area that is included in its notice of election
121-pursuant to subsection (b) shall be classified as
122-competitive for purposes of this Article without further
123-Commission review.
124-(3) If an Electing Provider was previously subject to
125-alternative regulation pursuant to Section 13-506.1 of
126-this Article, the alternative regulation plan shall
127-terminate in whole for all services subject to that plan
128-and be of no force or effect, without further Commission
129-review or action, when the Electing Provider's residential
130-local exchange telecommunications service in each MSA in
131-its telecommunications service area in the State has been
132-classified as competitive pursuant to either subdivision
133-(c)(1) or (c)(2) of this Section.
134-(4) The service packages described in Section 13-518
135-shall be classified as competitive for purposes of this
136-Section if offered by an Electing Provider in a geographic
137-area in which local exchange telecommunications service
138-has been classified as competitive pursuant to either
139-subdivision (c)(1) or (c)(2) of this Section.
140-(5) Where a service, or its functional equivalent, or
141-a substitute service offered by a carrier that is not an
142-Electing Provider or the incumbent local exchange carrier
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70+1 regulated pursuant to the terms of this Section by filing
71+2 written notice of its election for market regulation with the
72+3 Commission. The notice of election shall designate the
73+4 geographic area of the Electing Provider's service territory
74+5 where the market regulation shall apply, either on a
75+6 state-wide basis or in one or more specified Market Service
76+7 Areas ("MSA") or Exchange areas. An Electing Provider shall
77+8 not make an election for market regulation under this Section
78+9 unless it commits in its written notice of election for market
79+10 regulation to fulfill the conditions and requirements in this
80+11 Section in each geographic area in which market regulation is
81+12 elected. Immediately upon filing the notice of election for
82+13 market regulation, the Electing Provider shall be subject to
83+14 the jurisdiction of the Commission to the extent expressly
84+15 provided in this Section.
85+16 (c) Competitive classification. Market regulation shall be
86+17 available for competitive retail telecommunications services
87+18 as provided in this subsection.
88+19 (1) For geographic areas in which telecommunications
89+20 services provided by the Electing Provider were classified
90+21 as competitive either through legislative action or a
91+22 tariff filing pursuant to Section 13-502 prior to January
92+23 1, 2010, and that are included in the Electing Provider's
93+24 notice of election pursuant to subsection (b) of this
94+25 Section, such services, and all recurring and nonrecurring
95+26 charges associated with, related to or used in connection
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145-for that area is also being offered by an Electing
146-Provider for some identifiable class or group of customers
147-in an exchange, group of exchanges, or some other clearly
148-defined geographical area, the service offered by a
149-carrier that is not an Electing Provider or the incumbent
150-local exchange carrier for that area shall be classified
151-as competitive without further Commission review.
152-(6) Notwithstanding any other provision of this Act,
153-retail telecommunications services classified as
154-competitive pursuant to Section 13-502 or subdivision
155-(c)(5) of this Section shall have their rates, terms, and
156-conditions solely determined and regulated pursuant to the
157-terms of this Section in the same manner and to the same
158-extent as the competitive retail telecommunications
159-services of an Electing Provider, except that subsections
160-(d), (g), and (j) of this Section shall not apply to a
161-carrier that is not an Electing Provider or to the
162-competitive telecommunications services of a carrier that
163-is not an Electing Provider. The access services of a
164-carrier that is not an Electing Provider shall remain
165-subject to Section 13-900.2. The requirements in
166-subdivision (e)(3) of this Section shall not apply to
167-retail telecommunications services classified as
168-competitive pursuant to Section 13-502 or subdivision
169-(c)(5) of this Section, except that, upon request from the
170-Commission, the telecommunications carrier providing
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173-competitive retail telecommunications services shall
174-provide a report showing the number of credits and
175-exemptions for the requested time period.
176-(d) Consumer choice safe harbor options.
177-(1) Subject to subdivision (d)(8) of this Section, an
178-Electing Provider in each of the MSA or Exchange areas
179-classified as competitive pursuant to subdivision (c)(1)
180-or (c)(2) of this Section shall offer to all residential
181-customers who choose to subscribe the following optional
182-packages of services priced at the same rate levels in
183-effect on January 1, 2010:
184-(A) A basic package, which shall consist of a
185-stand-alone residential network access line and 30
186-local calls. If the Electing Provider offers a
187-stand-alone residential access line and local usage on
188-a per call basis, the price for the basic package shall
189-be the Electing Provider's applicable price in effect
190-on January 1, 2010 for the sum of a residential access
191-line and 30 local calls, additional calls over 30
192-calls shall be provided at the current per call rate.
193-However, this basic package is not required if
194-stand-alone residential network access lines or
195-per-call local usage are not offered by the Electing
196-Provider in the geographic area on January 1, 2010 or
197-if the Electing Provider has not increased its
198-stand-alone network access line and local usage rates,
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201-including Extended Area Service rates, since January
202-1, 2010.
203-(B) An extra package, which shall consist of
204-residential basic local exchange network access line
205-and unlimited local calls. The price for the extra
206-package shall be the Electing Provider's applicable
207-price in effect on January 1, 2010 for a residential
208-access line with unlimited local calls.
209-(C) A plus package, which shall consist of
210-residential basic local exchange network access line,
211-unlimited local calls, and the customer's choice of 2
212-vertical services offered by the Electing Provider.
213-The term "vertical services" as used in this
214-subsection, includes, but is not limited to, call
215-waiting, call forwarding, 3-way calling, caller ID,
216-call tracing, automatic callback, repeat dialing, and
217-voicemail. The price for the plus package shall be the
218-Electing Provider's applicable price in effect on
219-January 1, 2010 for the sum of a residential access
220-line with unlimited local calls and 2 times the
221-average price for the vertical features included in
222-the package.
223-(2) Subject to subdivision (d)(8) of this Section, for
224-those geographic areas in which local exchange
225-telecommunications services were classified as competitive
226-on the effective date of this amendatory Act of the 96th
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106+1 with such services, shall be classified as competitive
107+2 without further Commission review. For services classified
108+3 as competitive pursuant to this subsection, the
109+4 requirements or conditions in any order or decision
110+5 rendered by the Commission pursuant to Section 13-502
111+6 prior to the effective date of this amendatory Act of the
112+7 96th General Assembly, except for the commitments made by
113+8 the Electing Provider in such order or decision concerning
114+9 the optional packages required in subsection (d) of this
115+10 Section and basic local exchange service as defined in
116+11 this Section, shall no longer be in effect and no
117+12 Commission investigation, review, or proceeding under
118+13 Section 13-502 shall be continued, conducted, or
119+14 maintained with respect to such services, charges,
120+15 requirements, or conditions. If an Electing Provider has
121+16 ceased providing optional packages to customers pursuant
122+17 to subdivision (d)(8) of this Section, the commitments
123+18 made by the Electing Provider in such order or decision
124+19 concerning the optional packages under subsection (d) of
125+20 this Section shall no longer be in effect and no
126+21 Commission investigation, review, or proceeding under
127+22 Section 13-502 shall be continued, conducted, or
128+23 maintained with respect to such packages.
129+24 (2) For those geographic areas in which residential
130+25 local exchange telecommunications services have not been
131+26 classified as competitive as of the effective date of this
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229-General Assembly, an Electing Provider in each such MSA or
230-Exchange area shall be subject to the same terms and
231-conditions as provided in commitments made by the Electing
232-Provider in connection with such previous competitive
233-classifications, which shall apply with equal force under
234-this Section, except as follows: (i) the limits on price
235-increases on the optional packages required by this
236-Section shall be extended consistent with subsection
237-(d)(1) of this Section and (ii) the price for the extra
238-package required by subsection (d)(1)(B) shall be reduced
239-by one dollar from the price in effect on January 1, 2010.
240-In addition, if an Electing Provider obtains a competitive
241-classification pursuant to subsection (c)(1) and (c)(2),
242-the price for the optional packages shall be determined in
243-such area in compliance with subsection (d)(1), except the
244-price for the plus package required by subsection (d)(1)
245-(C) shall be the lower of the price for such area or the
246-price of the plus package in effect on January 1, 2010 for
247-areas classified as competitive pursuant to subsection
248-(c)(1).
249-(3) To the extent that the requirements in Section
250-13-518 applied to a telecommunications carrier prior to
251-the effective date of this Section and that
252-telecommunications carrier becomes an Electing Provider in
253-accordance with the provisions of this Section, the
254-requirements in Section 13-518 shall cease to apply to
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257-that Electing Provider in those geographic areas included
258-in the Electing Provider's notice of election pursuant to
259-subsection (b) of this Section.
260-(4) Subject to subdivision (d)(8) of this Section, an
261-Electing Provider shall make the optional packages
262-required by this subsection and stand-alone residential
263-network access lines and local usage, where offered,
264-readily available to the public by providing information,
265-in a clear manner, to residential customers. Information
266-shall be made available on a website, and an Electing
267-Provider shall provide notification to its customers every
268-6 months, provided that notification may consist of a bill
269-page message that provides an objective description of the
270-safe harbor options that includes a telephone number and
271-website address where the customer may obtain additional
272-information about the packages from the Electing Provider.
273-The optional packages shall be offered on a monthly basis
274-with no term of service requirement. An Electing Provider
275-shall allow online electronic ordering of the optional
276-packages and stand-alone residential network access lines
277-and local usage, where offered, on its website in a manner
278-similar to the online electronic ordering of its other
279-residential services.
280-(5) Subject to subdivision (d)(8) of this Section, an
281-Electing Provider shall comply with the Commission's
282-existing rules, regulations, and notices in Title 83, Part
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285-735 of the Illinois Administrative Code when offering or
286-providing the optional packages required by this
287-subsection (d) and stand-alone residential network access
288-lines.
289-(6) Subject to subdivision (d)(8) of this Section, an
290-Electing Provider shall provide to the Commission
291-semi-annual subscribership reports as of June 30 and
292-December 31 that contain the number of its customers
293-subscribing to each of the consumer choice safe harbor
294-packages required by subsection (d)(1) of this Section and
295-the number of its customers subscribing to retail
296-residential basic local exchange service as defined in
297-subsection (a)(2) of this Section. The first semi-annual
298-reports shall be made on April 1, 2011 for December 31,
299-2010, and on September 1, 2011 for June 30, 2011, and
300-semi-annually on April 1 and September 1 thereafter. Such
301-subscribership information shall be accorded confidential
302-and proprietary treatment upon request by the Electing
303-Provider.
304-(7) The Commission shall have the power, after notice
305-and hearing as provided in this Article, upon complaint or
306-upon its own motion, to take corrective action if the
307-requirements of this Section are not complied with by an
308-Electing Provider.
309-(8) On and after the effective date of this amendatory
310-Act of the 99th General Assembly, an Electing Provider
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142+1 amendatory Act of the 96th General Assembly, all
143+2 telecommunications services provided to residential and
144+3 business end users by an Electing Provider in the
145+4 geographic area that is included in its notice of election
146+5 pursuant to subsection (b) shall be classified as
147+6 competitive for purposes of this Article without further
148+7 Commission review.
149+8 (3) If an Electing Provider was previously subject to
150+9 alternative regulation pursuant to Section 13-506.1 of
151+10 this Article, the alternative regulation plan shall
152+11 terminate in whole for all services subject to that plan
153+12 and be of no force or effect, without further Commission
154+13 review or action, when the Electing Provider's residential
155+14 local exchange telecommunications service in each MSA in
156+15 its telecommunications service area in the State has been
157+16 classified as competitive pursuant to either subdivision
158+17 (c)(1) or (c)(2) of this Section.
159+18 (4) The service packages described in Section 13-518
160+19 shall be classified as competitive for purposes of this
161+20 Section if offered by an Electing Provider in a geographic
162+21 area in which local exchange telecommunications service
163+22 has been classified as competitive pursuant to either
164+23 subdivision (c)(1) or (c)(2) of this Section.
165+24 (5) Where a service, or its functional equivalent, or
166+25 a substitute service offered by a carrier that is not an
167+26 Electing Provider or the incumbent local exchange carrier
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313-shall continue to offer and provide the optional packages
314-described in this subsection (d) to existing customers and
315-new customers. On and after July 1, 2017, an Electing
316-Provider may immediately stop offering the optional
317-packages described in this subsection (d) and, upon
318-providing two notices to affected customers and to the
319-Commission, may stop providing the optional packages
320-described in this subsection (d) to all customers who
321-subscribe to one of the optional packages. The first
322-notice shall be provided at least 90 days before the date
323-upon which the Electing Provider intends to stop providing
324-the optional packages, and the second notice must be
325-provided at least 30 days before that date. The first
326-notice shall not be provided prior to July 1, 2017. Each
327-notice must identify the date on which the Electing
328-Provider intends to stop providing the optional packages,
329-at least one alternative service available to the
330-customer, and a telephone number by which the customer may
331-contact a service representative of the Electing Provider.
332-After July 1, 2017 with respect to new customers, and upon
333-the expiration of the second notice period with respect to
334-customers who were subscribing to one of the optional
335-packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
336-(d)(6), and (d)(7) of this Section shall not apply to the
337-Electing Provider. Notwithstanding any other provision of
338-this Article, an Electing Provider that has ceased
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341-providing the optional packages under this subdivision
342-(d)(8) is not subject to Section 13-301(1)(c) of this Act.
343-Notwithstanding any other provision of this Act, and
344-subject to subdivision (d)(7) of this Section, the
345-Commission's authority over the discontinuance of the
346-optional packages described in this subsection (d) by an
347-Electing Provider shall be governed solely by this
348-subsection (d)(8).
349-(e) Service quality and customer credits for basic local
350-exchange service.
351-(1) An Electing Provider shall meet the following
352-service quality standards in providing basic local
353-exchange service, which for purposes of this subsection
354-(e), includes both basic local exchange service and any
355-consumer choice safe harbor options that may be required
356-by subsection (d) of this Section.
357-(A) Install basic local exchange service within 5
358-business days after receipt of an order from the
359-customer unless the customer requests an installation
360-date that is beyond 5 business days after placing the
361-order for basic service and to inform the customer of
362-the Electing Provider's duty to install service within
363-this timeframe. If installation of service is
364-requested on or by a date more than 5 business days in
365-the future, the Electing Provider shall install
366-service by the date requested.
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369-(B) Restore basic local exchange service for the
370-customer within 30 hours after receiving notice that
371-the customer is out of service.
372-(C) Keep all repair and installation appointments
373-for basic local exchange service if a customer
374-premises visit requires a customer to be present. The
375-appointment window shall be either a specific time or,
376-at a maximum, a 4-hour time block during evening,
377-weekend, and normal business hours.
378-(D) Inform a customer when a repair or
379-installation appointment requires the customer to be
380-present.
381-(2) Customers shall be credited by the Electing
382-Provider for violations of basic local exchange service
383-quality standards described in subdivision (e)(1) of this
384-Section. The credits shall be applied automatically on the
385-statement issued to the customer for the next monthly
386-billing cycle following the violation or following the
387-discovery of the violation. The next monthly billing cycle
388-following the violation or the discovery of the violation
389-means the billing cycle immediately following the billing
390-cycle in process at the time of the violation or discovery
391-of the violation, provided the total time between the
392-violation or discovery of the violation and the issuance
393-of the credit shall not exceed 60 calendar days. The
394-Electing Provider is responsible for providing the credits
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178+1 for that area is also being offered by an Electing
179+2 Provider for some identifiable class or group of customers
180+3 in an exchange, group of exchanges, or some other clearly
181+4 defined geographical area, the service offered by a
182+5 carrier that is not an Electing Provider or the incumbent
183+6 local exchange carrier for that area shall be classified
184+7 as competitive without further Commission review.
185+8 (6) Notwithstanding any other provision of this Act,
186+9 retail telecommunications services classified as
187+10 competitive pursuant to Section 13-502 or subdivision
188+11 (c)(5) of this Section shall have their rates, terms, and
189+12 conditions solely determined and regulated pursuant to the
190+13 terms of this Section in the same manner and to the same
191+14 extent as the competitive retail telecommunications
192+15 services of an Electing Provider, except that subsections
193+16 (d), (g), and (j) of this Section shall not apply to a
194+17 carrier that is not an Electing Provider or to the
195+18 competitive telecommunications services of a carrier that
196+19 is not an Electing Provider. The access services of a
197+20 carrier that is not an Electing Provider shall remain
198+21 subject to Section 13-900.2. The requirements in
199+22 subdivision (e)(3) of this Section shall not apply to
200+23 retail telecommunications services classified as
201+24 competitive pursuant to Section 13-502 or subdivision
202+25 (c)(5) of this Section, except that, upon request from the
203+26 Commission, the telecommunications carrier providing
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397-and the customer is under no obligation to request such
398-credits. The following credits shall apply:
399-(A) If an Electing Provider fails to repair an
400-out-of-service condition for basic local exchange
401-service within 30 hours, the Electing Provider shall
402-provide a credit to the customer. If the service
403-disruption is for more than 30 hours, but not more than
404-48 hours, the credit must be equal to a pro-rata
405-portion of the monthly recurring charges for all basic
406-local exchange services disrupted. If the service
407-disruption is for more than 48 hours, but not more than
408-72 hours, the credit must be equal to at least 33% of
409-one month's recurring charges for all local services
410-disrupted. If the service disruption is for more than
411-72 hours, but not more than 96 hours, the credit must
412-be equal to at least 67% of one month's recurring
413-charges for all basic local exchange services
414-disrupted. If the service disruption is for more than
415-96 hours, but not more than 120 hours, the credit must
416-be equal to one month's recurring charges for all
417-basic local exchange services disrupted. For each day
418-or portion thereof that the service disruption
419-continues beyond the initial 120-hour period, the
420-Electing Provider shall also provide an additional
421-credit of $20 per calendar day.
422-(B) If an Electing Provider fails to install basic
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425-local exchange service as required under subdivision
426-(e)(1) of this Section, the Electing Provider shall
427-waive 50% of any installation charges, or in the
428-absence of an installation charge or where
429-installation is pursuant to the Link Up program, the
430-Electing Provider shall provide a credit of $25. If an
431-Electing Provider fails to install service within 10
432-business days after the service application is placed,
433-or fails to install service within 5 business days
434-after the customer's requested installation date, if
435-the requested date was more than 5 business days after
436-the date of the order, the Electing Provider shall
437-waive 100% of the installation charge, or in the
438-absence of an installation charge or where
439-installation is provided pursuant to the Link Up
440-program, the Electing Provider shall provide a credit
441-of $50. For each day that the failure to install
442-service continues beyond the initial 10 business days,
443-or beyond 5 business days after the customer's
444-requested installation date, if the requested date was
445-more than 5 business days after the date of the order,
446-the Electing Provider shall also provide an additional
447-credit of $20 per calendar day until the basic local
448-exchange service is installed.
449-(C) If an Electing Provider fails to keep a
450-scheduled repair or installation appointment when a
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453-customer premises visit requires a customer to be
454-present as required under subdivision (e)(1) of this
455-Section, the Electing Provider shall credit the
456-customer $25 per missed appointment. A credit required
457-by this subdivision does not apply when the Electing
458-Provider provides the customer notice of its inability
459-to keep the appointment no later than 8:00 pm of the
460-day prior to the scheduled date of the appointment.
461-(D) Credits required by this subsection do not
462-apply if the violation of a service quality standard:
463-(i) occurs as a result of a negligent or
464-willful act on the part of the customer;
465-(ii) occurs as a result of a malfunction of
466-customer-owned telephone equipment or inside
467-wiring;
468-(iii) occurs as a result of, or is extended
469-by, an emergency situation as defined in 83 Ill.
470-Adm. Code 732.10;
471-(iv) is extended by the Electing Provider's
472-inability to gain access to the customer's
473-premises due to the customer missing an
474-appointment, provided that the violation is not
475-further extended by the Electing Provider;
476-(v) occurs as a result of a customer request
477-to change the scheduled appointment, provided that
478-the violation is not further extended by the
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214+1 competitive retail telecommunications services shall
215+2 provide a report showing the number of credits and
216+3 exemptions for the requested time period.
217+4 (d) Consumer choice safe harbor options.
218+5 (1) Subject to subdivision (d)(8) of this Section, an
219+6 Electing Provider in each of the MSA or Exchange areas
220+7 classified as competitive pursuant to subdivision (c)(1)
221+8 or (c)(2) of this Section shall offer to all residential
222+9 customers who choose to subscribe the following optional
223+10 packages of services priced at the same rate levels in
224+11 effect on January 1, 2010:
225+12 (A) A basic package, which shall consist of a
226+13 stand-alone residential network access line and 30
227+14 local calls. If the Electing Provider offers a
228+15 stand-alone residential access line and local usage on
229+16 a per call basis, the price for the basic package shall
230+17 be the Electing Provider's applicable price in effect
231+18 on January 1, 2010 for the sum of a residential access
232+19 line and 30 local calls, additional calls over 30
233+20 calls shall be provided at the current per call rate.
234+21 However, this basic package is not required if
235+22 stand-alone residential network access lines or
236+23 per-call local usage are not offered by the Electing
237+24 Provider in the geographic area on January 1, 2010 or
238+25 if the Electing Provider has not increased its
239+26 stand-alone network access line and local usage rates,
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481-Electing Provider;
482-(vi) occurs as a result of an Electing
483-Provider's right to refuse service to a customer
484-as provided in Commission rules; or
485-(vii) occurs as a result of a lack of
486-facilities where a customer requests service at a
487-geographically remote location, where a customer
488-requests service in a geographic area where the
489-Electing Provider is not currently offering
490-service, or where there are insufficient
491-facilities to meet the customer's request for
492-service, subject to an Electing Provider's
493-obligation for reasonable facilities planning.
494-(3) Each Electing Provider shall provide to the
495-Commission on a quarterly basis and in a form suitable for
496-posting on the Commission's website in conformance with
497-the rules adopted by the Commission and in effect on April
498-1, 2010, a public report that includes the following data
499-for basic local exchange service quality of service:
500-(A) With regard to credits due in accordance with
501-subdivision (e)(2)(A) as a result of out-of-service
502-conditions lasting more than 30 hours:
503-(i) the total dollar amount of any customer
504-credits paid;
505-(ii) the number of credits issued for repairs
506-between 30 and 48 hours;
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509-(iii) the number of credits issued for repairs
510-between 49 and 72 hours;
511-(iv) the number of credits issued for repairs
512-between 73 and 96 hours;
513-(v) the number of credits used for repairs
514-between 97 and 120 hours;
515-(vi) the number of credits issued for repairs
516-greater than 120 hours; and
517-(vii) the number of exemptions claimed for
518-each of the categories identified in subdivision
519-(e)(2)(D).
520-(B) With regard to credits due in accordance with
521-subdivision (e)(2)(B) as a result of failure to
522-install basic local exchange service:
523-(i) the total dollar amount of any customer
524-credits paid;
525-(ii) the number of installations after 5
526-business days;
527-(iii) the number of installations after 10
528-business days;
529-(iv) the number of installations after 11
530-business days; and
531-(v) the number of exemptions claimed for each
532-of the categories identified in subdivision
533-(e)(2)(D).
534-(C) With regard to credits due in accordance with
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538-appointments:
539-(i) the total dollar amount of any customer
540-credits paid;
541-(ii) the number of any customers receiving
542-credits; and
543-(iii) the number of exemptions claimed for
544-each of the categories identified in subdivision
545-(e)(2)(D).
546-(D) The Electing Provider's annual report required
547-by this subsection shall also include, for
548-informational reporting, the performance data
549-described in subdivisions (e)(2)(A), (e)(2)(B), and
550-(e)(2)(C), and trouble reports per 100 access lines
551-calculated using the Commission's existing applicable
552-rules and regulations for such measures, including the
553-requirements for service standards established in this
554-Section.
555-(4) It is the intent of the General Assembly that the
556-service quality rules and customer credits in this
557-subsection (e) of this Section and other enforcement
558-mechanisms, including fines and penalties authorized by
559-Section 13-305, shall apply on a nondiscriminatory basis
560-to all Electing Providers. Accordingly, notwithstanding
561-any provision of any service quality rules promulgated by
562-the Commission, any alternative regulation plan adopted by
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250+1 including Extended Area Service rates, since January
251+2 1, 2010.
252+3 (B) An extra package, which shall consist of
253+4 residential basic local exchange network access line
254+5 and unlimited local calls. The price for the extra
255+6 package shall be the Electing Provider's applicable
256+7 price in effect on January 1, 2010 for a residential
257+8 access line with unlimited local calls.
258+9 (C) A plus package, which shall consist of
259+10 residential basic local exchange network access line,
260+11 unlimited local calls, and the customer's choice of 2
261+12 vertical services offered by the Electing Provider.
262+13 The term "vertical services" as used in this
263+14 subsection, includes, but is not limited to, call
264+15 waiting, call forwarding, 3-way calling, caller ID,
265+16 call tracing, automatic callback, repeat dialing, and
266+17 voicemail. The price for the plus package shall be the
267+18 Electing Provider's applicable price in effect on
268+19 January 1, 2010 for the sum of a residential access
269+20 line with unlimited local calls and 2 times the
270+21 average price for the vertical features included in
271+22 the package.
272+23 (2) Subject to subdivision (d)(8) of this Section, for
273+24 those geographic areas in which local exchange
274+25 telecommunications services were classified as competitive
275+26 on the effective date of this amendatory Act of the 96th
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565-the Commission, or any other order of the Commission, any
566-Electing Provider that is subject to any other order of
567-the Commission and that violates or fails to comply with
568-the service quality standards promulgated pursuant to this
569-subsection (e) or any other order of the Commission shall
570-not be subject to any fines, penalties, customer credits,
571-or enforcement mechanisms other than such fines or
572-penalties or customer credits as may be imposed by the
573-Commission in accordance with the provisions of this
574-subsection (e) and Section 13-305, which are to be
575-generally applicable to all Electing Providers. The amount
576-of any fines or penalties imposed by the Commission for
577-failure to comply with the requirements of this subsection
578-(e) shall be an appropriate amount, taking into account,
579-at a minimum, the Electing Provider's gross annual
580-intrastate revenue; the frequency, duration, and
581-recurrence of the violation; and the relative harm caused
582-to the affected customers or other users of the network.
583-In imposing fines and penalties, the Commission shall take
584-into account compensation or credits paid by the Electing
585-Provider to its customers pursuant to this subsection (e)
586-in compensation for any violation found pursuant to this
587-subsection (e), and in any event the fine or penalty shall
588-not exceed an amount equal to the maximum amount of a civil
589-penalty that may be imposed under Section 13-305.
590-(5) An Electing Provider in each of the MSA or
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593-Exchange areas classified as competitive pursuant to
594-subsection (c) of this Section shall fulfill the
595-requirements in subdivision (e)(3) of this Section for 3
596-years after its notice of election becomes effective.
597-After such 3 years, the requirements in subdivision (e)(3)
598-of this Section shall not apply to such Electing Provider,
599-except that, upon request from the Commission, the
600-Electing Provider shall provide a report showing the
601-number of credits and exemptions for the requested time
602-period.
603-(f) Commission jurisdiction over competitive retail
604-telecommunications services. Except as otherwise expressly
605-stated in this Section, the Commission shall thereafter have
606-no jurisdiction or authority over any aspect of competitive
607-retail telecommunications service of an Electing Provider in
608-those geographic areas included in the Electing Provider's
609-notice of election pursuant to subsection (b) of this Section
610-or of a retail telecommunications service classified as
611-competitive pursuant to Section 13-502 or subdivision (c)(5)
612-of this Section, heretofore subject to the jurisdiction of the
613-Commission, including but not limited to, any requirements of
614-this Article related to the terms, conditions, rates, quality
615-of service, availability, classification or any other aspect
616-of any competitive retail telecommunications services. No
617-telecommunications carrier shall commit any unfair or
618-deceptive act or practice in connection with any aspect of the
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622-telecommunications service. Nothing in this Article shall
623-limit or affect any provisions in the Consumer Fraud and
624-Deceptive Business Practices Act with respect to any unfair or
625-deceptive act or practice by a telecommunications carrier.
626-(g) Commission authority over access services upon
627-election for market regulation.
628-(1) As part of its Notice of Election for Market
629-Regulation, the Electing Provider shall reduce its
630-intrastate switched access rates to rates no higher than
631-its interstate switched access rates in 4 installments.
632-The first reduction must be made 30 days after submission
633-of its complete application for Notice of Election for
634-Market Regulation, and the Electing Provider must reduce
635-its intrastate switched access rates by an amount equal to
636-33% of the difference between its current intrastate
637-switched access rates and its current interstate switched
638-access rates. The second reduction must be made no later
639-than one year after the first reduction, and the Electing
640-Provider must reduce its then current intrastate switched
641-access rates by an amount equal to 41% of the difference
642-between its then current intrastate switched access rates
643-and its then current interstate switched access rates. The
644-third reduction must be made no later than one year after
645-the second reduction, and the Electing Provider must
646-reduce its then current intrastate switched access rates
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286+1 General Assembly, an Electing Provider in each such MSA or
287+2 Exchange area shall be subject to the same terms and
288+3 conditions as provided in commitments made by the Electing
289+4 Provider in connection with such previous competitive
290+5 classifications, which shall apply with equal force under
291+6 this Section, except as follows: (i) the limits on price
292+7 increases on the optional packages required by this
293+8 Section shall be extended consistent with subsection
294+9 (d)(1) of this Section and (ii) the price for the extra
295+10 package required by subsection (d)(1)(B) shall be reduced
296+11 by one dollar from the price in effect on January 1, 2010.
297+12 In addition, if an Electing Provider obtains a competitive
298+13 classification pursuant to subsection (c)(1) and (c)(2),
299+14 the price for the optional packages shall be determined in
300+15 such area in compliance with subsection (d)(1), except the
301+16 price for the plus package required by subsection (d)(1)
302+17 (C) shall be the lower of the price for such area or the
303+18 price of the plus package in effect on January 1, 2010 for
304+19 areas classified as competitive pursuant to subsection
305+20 (c)(1).
306+21 (3) To the extent that the requirements in Section
307+22 13-518 applied to a telecommunications carrier prior to
308+23 the effective date of this Section and that
309+24 telecommunications carrier becomes an Electing Provider in
310+25 accordance with the provisions of this Section, the
311+26 requirements in Section 13-518 shall cease to apply to
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649-by an amount equal to 50% of the difference between its
650-then current intrastate switched access rate and its then
651-current interstate switched access rates. The fourth
652-reduction must be made on or before June 30, 2013, and the
653-Electing Provider must reduce its intrastate switched
654-access rate to mirror its then current interstate switched
655-access rates and rate structure. Following the fourth
656-reduction, each Electing Provider must continue to set its
657-intrastate switched access rates to mirror its interstate
658-switched access rates and rate structure. For purposes of
659-this subsection, the rate for intrastate switched access
660-service means the composite, per-minute rate for that
661-service, including all applicable fixed and
662-traffic-sensitive charges, including, but not limited to,
663-carrier common line charges.
664-(2) Nothing in paragraph (1) of this subsection (g)
665-prohibits an Electing Provider from electing to offer
666-intrastate switched access service at rates lower than its
667-interstate switched access rates.
668-(3) The Commission shall have no authority to order an
669-Electing Provider to set its rates for intrastate switched
670-access at a level lower than its interstate switched
671-access rates.
672-(4) The Commission's authority under this subsection
673-(g) shall only apply to Electing Providers under Market
674-Regulation. The Commission's authority over switched
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677-access services for all other carriers is retained under
678-Section 13-900.2 of this Act.
679-(h) Safety of service equipment and facilities.
680-(1) An Electing Provider shall furnish, provide, and
681-maintain such service instrumentalities, equipment, and
682-facilities as shall promote the safety, health, comfort,
683-and convenience of its patrons, employees, and public and
684-as shall be in all respects adequate, reliable, and
685-efficient without discrimination or delay. Every Electing
686-Provider shall provide service and facilities that are in
687-all respects environmentally safe.
688-(2) The Commission is authorized to conduct an
689-investigation of any Electing Provider or part thereof.
690-The investigation may examine the reasonableness,
691-prudence, or efficiency of any aspect of the Electing
692-Provider's operations or functions that may affect the
693-adequacy, safety, efficiency, or reliability of
694-telecommunications service. The Commission may conduct or
695-order an investigation only when it has reasonable grounds
696-to believe that the investigation is necessary to assure
697-that the Electing Provider is providing adequate,
698-efficient, reliable, and safe service. The Commission
699-shall, before initiating any such investigation, issue an
700-order describing the grounds for the investigation and the
701-appropriate scope and nature of the investigation, which
702-shall be reasonably related to the grounds relied upon by
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705-the Commission in its order.
706-(i) (Blank).
707-(j) Application of Article VII. The provisions of Sections
708-7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
709-applicable to an Electing Provider offering or providing
710-retail telecommunications service, and the Commission's
711-regulation thereof, except that (1) the approval of contracts
712-and arrangements with affiliated interests required by
713-paragraph (3) of Section 7-101 shall not apply to such
714-telecommunications carriers provided that, except as provided
715-in item (2), those contracts and arrangements shall be filed
716-with the Commission; (2) affiliated interest contracts or
717-arrangements entered into by such telecommunications carriers
718-where the increased obligation thereunder does not exceed the
719-lesser of $5,000,000 or 5% of such carrier's prior annual
720-revenue from noncompetitive services are not required to be
721-filed with the Commission; and (3) any consent and approval of
722-the Commission required by Section 7-102 is not required for
723-the sale, lease, assignment, or transfer by any Electing
724-Provider of any property that is not necessary or useful in the
725-performance of its duties to the public.
726-(k) Notwithstanding other provisions of this Section, the
727-Commission retains its existing authority to enforce the
728-provisions, conditions, and requirements of the following
729-Sections of this Article: 13-101, 13-103, 13-201, 13-301,
730-13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
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322+1 that Electing Provider in those geographic areas included
323+2 in the Electing Provider's notice of election pursuant to
324+3 subsection (b) of this Section.
325+4 (4) Subject to subdivision (d)(8) of this Section, an
326+5 Electing Provider shall make the optional packages
327+6 required by this subsection and stand-alone residential
328+7 network access lines and local usage, where offered,
329+8 readily available to the public by providing information,
330+9 in a clear manner, to residential customers. Information
331+10 shall be made available on a website, and an Electing
332+11 Provider shall provide notification to its customers every
333+12 6 months, provided that notification may consist of a bill
334+13 page message that provides an objective description of the
335+14 safe harbor options that includes a telephone number and
336+15 website address where the customer may obtain additional
337+16 information about the packages from the Electing Provider.
338+17 The optional packages shall be offered on a monthly basis
339+18 with no term of service requirement. An Electing Provider
340+19 shall allow online electronic ordering of the optional
341+20 packages and stand-alone residential network access lines
342+21 and local usage, where offered, on its website in a manner
343+22 similar to the online electronic ordering of its other
344+23 residential services.
345+24 (5) Subject to subdivision (d)(8) of this Section, an
346+25 Electing Provider shall comply with the Commission's
347+26 existing rules, regulations, and notices in Title 83, Part
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733-13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
734-13-404.2, 13-405, 13-406, 13-501, 13-501.5, 13-503, 13-505,
735-13-509, 13-510, 13-512, 13-513, 13-514, 13-515, 13-516,
736-13-519, 13-702, 13-703, 13-704, 13-705, 13-706, 13-707,
737-13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 13-900.1,
738-13-900.2, 13-901, 13-902, and 13-903, which are fully and
739-equally applicable to Electing Providers and to
740-telecommunications carriers providing retail
741-telecommunications service classified as competitive pursuant
742-to Section 13-502 or subdivision (c)(5) of this Section
743-subject to the provisions of this Section. On the effective
744-date of this amendatory Act of the 98th General Assembly, the
745-following Sections of this Article shall cease to apply to
746-Electing Providers and to telecommunications carriers
747-providing retail telecommunications service classified as
748-competitive pursuant to Section 13-502 or subdivision (c)(5)
749-of this Section: 13-302, 13-405.1, 13-502, 13-502.5, 13-504,
750-13-505.2, 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1,
751-13-507, 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601,
752-13-701, and 13-712.
753-(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17;
754-100-840, eff. 8-13-18.)
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358+1 735 of the Illinois Administrative Code when offering or
359+2 providing the optional packages required by this
360+3 subsection (d) and stand-alone residential network access
361+4 lines.
362+5 (6) Subject to subdivision (d)(8) of this Section, an
363+6 Electing Provider shall provide to the Commission
364+7 semi-annual subscribership reports as of June 30 and
365+8 December 31 that contain the number of its customers
366+9 subscribing to each of the consumer choice safe harbor
367+10 packages required by subsection (d)(1) of this Section and
368+11 the number of its customers subscribing to retail
369+12 residential basic local exchange service as defined in
370+13 subsection (a)(2) of this Section. The first semi-annual
371+14 reports shall be made on April 1, 2011 for December 31,
372+15 2010, and on September 1, 2011 for June 30, 2011, and
373+16 semi-annually on April 1 and September 1 thereafter. Such
374+17 subscribership information shall be accorded confidential
375+18 and proprietary treatment upon request by the Electing
376+19 Provider.
377+20 (7) The Commission shall have the power, after notice
378+21 and hearing as provided in this Article, upon complaint or
379+22 upon its own motion, to take corrective action if the
380+23 requirements of this Section are not complied with by an
381+24 Electing Provider.
382+25 (8) On and after the effective date of this amendatory
383+26 Act of the 99th General Assembly, an Electing Provider
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394+1 shall continue to offer and provide the optional packages
395+2 described in this subsection (d) to existing customers and
396+3 new customers. On and after July 1, 2017, an Electing
397+4 Provider may immediately stop offering the optional
398+5 packages described in this subsection (d) and, upon
399+6 providing two notices to affected customers and to the
400+7 Commission, may stop providing the optional packages
401+8 described in this subsection (d) to all customers who
402+9 subscribe to one of the optional packages. The first
403+10 notice shall be provided at least 90 days before the date
404+11 upon which the Electing Provider intends to stop providing
405+12 the optional packages, and the second notice must be
406+13 provided at least 30 days before that date. The first
407+14 notice shall not be provided prior to July 1, 2017. Each
408+15 notice must identify the date on which the Electing
409+16 Provider intends to stop providing the optional packages,
410+17 at least one alternative service available to the
411+18 customer, and a telephone number by which the customer may
412+19 contact a service representative of the Electing Provider.
413+20 After July 1, 2017 with respect to new customers, and upon
414+21 the expiration of the second notice period with respect to
415+22 customers who were subscribing to one of the optional
416+23 packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
417+24 (d)(6), and (d)(7) of this Section shall not apply to the
418+25 Electing Provider. Notwithstanding any other provision of
419+26 this Article, an Electing Provider that has ceased
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430+1 providing the optional packages under this subdivision
431+2 (d)(8) is not subject to Section 13-301(1)(c) of this Act.
432+3 Notwithstanding any other provision of this Act, and
433+4 subject to subdivision (d)(7) of this Section, the
434+5 Commission's authority over the discontinuance of the
435+6 optional packages described in this subsection (d) by an
436+7 Electing Provider shall be governed solely by this
437+8 subsection (d)(8).
438+9 (e) Service quality and customer credits for basic local
439+10 exchange service.
440+11 (1) An Electing Provider shall meet the following
441+12 service quality standards in providing basic local
442+13 exchange service, which for purposes of this subsection
443+14 (e), includes both basic local exchange service and any
444+15 consumer choice safe harbor options that may be required
445+16 by subsection (d) of this Section.
446+17 (A) Install basic local exchange service within 5
447+18 business days after receipt of an order from the
448+19 customer unless the customer requests an installation
449+20 date that is beyond 5 business days after placing the
450+21 order for basic service and to inform the customer of
451+22 the Electing Provider's duty to install service within
452+23 this timeframe. If installation of service is
453+24 requested on or by a date more than 5 business days in
454+25 the future, the Electing Provider shall install
455+26 service by the date requested.
456+
457+
458+
459+
460+
461+ HB4634 Enrolled - 13 - LRB103 36124 LNS 66215 b
462+
463+
464+HB4634 Enrolled- 14 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 14 - LRB103 36124 LNS 66215 b
465+ HB4634 Enrolled - 14 - LRB103 36124 LNS 66215 b
466+1 (B) Restore basic local exchange service for the
467+2 customer within 30 hours after receiving notice that
468+3 the customer is out of service.
469+4 (C) Keep all repair and installation appointments
470+5 for basic local exchange service if a customer
471+6 premises visit requires a customer to be present. The
472+7 appointment window shall be either a specific time or,
473+8 at a maximum, a 4-hour time block during evening,
474+9 weekend, and normal business hours.
475+10 (D) Inform a customer when a repair or
476+11 installation appointment requires the customer to be
477+12 present.
478+13 (2) Customers shall be credited by the Electing
479+14 Provider for violations of basic local exchange service
480+15 quality standards described in subdivision (e)(1) of this
481+16 Section. The credits shall be applied automatically on the
482+17 statement issued to the customer for the next monthly
483+18 billing cycle following the violation or following the
484+19 discovery of the violation. The next monthly billing cycle
485+20 following the violation or the discovery of the violation
486+21 means the billing cycle immediately following the billing
487+22 cycle in process at the time of the violation or discovery
488+23 of the violation, provided the total time between the
489+24 violation or discovery of the violation and the issuance
490+25 of the credit shall not exceed 60 calendar days. The
491+26 Electing Provider is responsible for providing the credits
492+
493+
494+
495+
496+
497+ HB4634 Enrolled - 14 - LRB103 36124 LNS 66215 b
498+
499+
500+HB4634 Enrolled- 15 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 15 - LRB103 36124 LNS 66215 b
501+ HB4634 Enrolled - 15 - LRB103 36124 LNS 66215 b
502+1 and the customer is under no obligation to request such
503+2 credits. The following credits shall apply:
504+3 (A) If an Electing Provider fails to repair an
505+4 out-of-service condition for basic local exchange
506+5 service within 30 hours, the Electing Provider shall
507+6 provide a credit to the customer. If the service
508+7 disruption is for more than 30 hours, but not more than
509+8 48 hours, the credit must be equal to a pro-rata
510+9 portion of the monthly recurring charges for all basic
511+10 local exchange services disrupted. If the service
512+11 disruption is for more than 48 hours, but not more than
513+12 72 hours, the credit must be equal to at least 33% of
514+13 one month's recurring charges for all local services
515+14 disrupted. If the service disruption is for more than
516+15 72 hours, but not more than 96 hours, the credit must
517+16 be equal to at least 67% of one month's recurring
518+17 charges for all basic local exchange services
519+18 disrupted. If the service disruption is for more than
520+19 96 hours, but not more than 120 hours, the credit must
521+20 be equal to one month's recurring charges for all
522+21 basic local exchange services disrupted. For each day
523+22 or portion thereof that the service disruption
524+23 continues beyond the initial 120-hour period, the
525+24 Electing Provider shall also provide an additional
526+25 credit of $20 per calendar day.
527+26 (B) If an Electing Provider fails to install basic
528+
529+
530+
531+
532+
533+ HB4634 Enrolled - 15 - LRB103 36124 LNS 66215 b
534+
535+
536+HB4634 Enrolled- 16 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 16 - LRB103 36124 LNS 66215 b
537+ HB4634 Enrolled - 16 - LRB103 36124 LNS 66215 b
538+1 local exchange service as required under subdivision
539+2 (e)(1) of this Section, the Electing Provider shall
540+3 waive 50% of any installation charges, or in the
541+4 absence of an installation charge or where
542+5 installation is pursuant to the Link Up program, the
543+6 Electing Provider shall provide a credit of $25. If an
544+7 Electing Provider fails to install service within 10
545+8 business days after the service application is placed,
546+9 or fails to install service within 5 business days
547+10 after the customer's requested installation date, if
548+11 the requested date was more than 5 business days after
549+12 the date of the order, the Electing Provider shall
550+13 waive 100% of the installation charge, or in the
551+14 absence of an installation charge or where
552+15 installation is provided pursuant to the Link Up
553+16 program, the Electing Provider shall provide a credit
554+17 of $50. For each day that the failure to install
555+18 service continues beyond the initial 10 business days,
556+19 or beyond 5 business days after the customer's
557+20 requested installation date, if the requested date was
558+21 more than 5 business days after the date of the order,
559+22 the Electing Provider shall also provide an additional
560+23 credit of $20 per calendar day until the basic local
561+24 exchange service is installed.
562+25 (C) If an Electing Provider fails to keep a
563+26 scheduled repair or installation appointment when a
564+
565+
566+
567+
568+
569+ HB4634 Enrolled - 16 - LRB103 36124 LNS 66215 b
570+
571+
572+HB4634 Enrolled- 17 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 17 - LRB103 36124 LNS 66215 b
573+ HB4634 Enrolled - 17 - LRB103 36124 LNS 66215 b
574+1 customer premises visit requires a customer to be
575+2 present as required under subdivision (e)(1) of this
576+3 Section, the Electing Provider shall credit the
577+4 customer $25 per missed appointment. A credit required
578+5 by this subdivision does not apply when the Electing
579+6 Provider provides the customer notice of its inability
580+7 to keep the appointment no later than 8:00 pm of the
581+8 day prior to the scheduled date of the appointment.
582+9 (D) Credits required by this subsection do not
583+10 apply if the violation of a service quality standard:
584+11 (i) occurs as a result of a negligent or
585+12 willful act on the part of the customer;
586+13 (ii) occurs as a result of a malfunction of
587+14 customer-owned telephone equipment or inside
588+15 wiring;
589+16 (iii) occurs as a result of, or is extended
590+17 by, an emergency situation as defined in 83 Ill.
591+18 Adm. Code 732.10;
592+19 (iv) is extended by the Electing Provider's
593+20 inability to gain access to the customer's
594+21 premises due to the customer missing an
595+22 appointment, provided that the violation is not
596+23 further extended by the Electing Provider;
597+24 (v) occurs as a result of a customer request
598+25 to change the scheduled appointment, provided that
599+26 the violation is not further extended by the
600+
601+
602+
603+
604+
605+ HB4634 Enrolled - 17 - LRB103 36124 LNS 66215 b
606+
607+
608+HB4634 Enrolled- 18 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 18 - LRB103 36124 LNS 66215 b
609+ HB4634 Enrolled - 18 - LRB103 36124 LNS 66215 b
610+1 Electing Provider;
611+2 (vi) occurs as a result of an Electing
612+3 Provider's right to refuse service to a customer
613+4 as provided in Commission rules; or
614+5 (vii) occurs as a result of a lack of
615+6 facilities where a customer requests service at a
616+7 geographically remote location, where a customer
617+8 requests service in a geographic area where the
618+9 Electing Provider is not currently offering
619+10 service, or where there are insufficient
620+11 facilities to meet the customer's request for
621+12 service, subject to an Electing Provider's
622+13 obligation for reasonable facilities planning.
623+14 (3) Each Electing Provider shall provide to the
624+15 Commission on a quarterly basis and in a form suitable for
625+16 posting on the Commission's website in conformance with
626+17 the rules adopted by the Commission and in effect on April
627+18 1, 2010, a public report that includes the following data
628+19 for basic local exchange service quality of service:
629+20 (A) With regard to credits due in accordance with
630+21 subdivision (e)(2)(A) as a result of out-of-service
631+22 conditions lasting more than 30 hours:
632+23 (i) the total dollar amount of any customer
633+24 credits paid;
634+25 (ii) the number of credits issued for repairs
635+26 between 30 and 48 hours;
636+
637+
638+
639+
640+
641+ HB4634 Enrolled - 18 - LRB103 36124 LNS 66215 b
642+
643+
644+HB4634 Enrolled- 19 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 19 - LRB103 36124 LNS 66215 b
645+ HB4634 Enrolled - 19 - LRB103 36124 LNS 66215 b
646+1 (iii) the number of credits issued for repairs
647+2 between 49 and 72 hours;
648+3 (iv) the number of credits issued for repairs
649+4 between 73 and 96 hours;
650+5 (v) the number of credits used for repairs
651+6 between 97 and 120 hours;
652+7 (vi) the number of credits issued for repairs
653+8 greater than 120 hours; and
654+9 (vii) the number of exemptions claimed for
655+10 each of the categories identified in subdivision
656+11 (e)(2)(D).
657+12 (B) With regard to credits due in accordance with
658+13 subdivision (e)(2)(B) as a result of failure to
659+14 install basic local exchange service:
660+15 (i) the total dollar amount of any customer
661+16 credits paid;
662+17 (ii) the number of installations after 5
663+18 business days;
664+19 (iii) the number of installations after 10
665+20 business days;
666+21 (iv) the number of installations after 11
667+22 business days; and
668+23 (v) the number of exemptions claimed for each
669+24 of the categories identified in subdivision
670+25 (e)(2)(D).
671+26 (C) With regard to credits due in accordance with
672+
673+
674+
675+
676+
677+ HB4634 Enrolled - 19 - LRB103 36124 LNS 66215 b
678+
679+
680+HB4634 Enrolled- 20 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 20 - LRB103 36124 LNS 66215 b
681+ HB4634 Enrolled - 20 - LRB103 36124 LNS 66215 b
682+1 subdivision (e)(2)(C) as a result of missed
683+2 appointments:
684+3 (i) the total dollar amount of any customer
685+4 credits paid;
686+5 (ii) the number of any customers receiving
687+6 credits; and
688+7 (iii) the number of exemptions claimed for
689+8 each of the categories identified in subdivision
690+9 (e)(2)(D).
691+10 (D) The Electing Provider's annual report required
692+11 by this subsection shall also include, for
693+12 informational reporting, the performance data
694+13 described in subdivisions (e)(2)(A), (e)(2)(B), and
695+14 (e)(2)(C), and trouble reports per 100 access lines
696+15 calculated using the Commission's existing applicable
697+16 rules and regulations for such measures, including the
698+17 requirements for service standards established in this
699+18 Section.
700+19 (4) It is the intent of the General Assembly that the
701+20 service quality rules and customer credits in this
702+21 subsection (e) of this Section and other enforcement
703+22 mechanisms, including fines and penalties authorized by
704+23 Section 13-305, shall apply on a nondiscriminatory basis
705+24 to all Electing Providers. Accordingly, notwithstanding
706+25 any provision of any service quality rules promulgated by
707+26 the Commission, any alternative regulation plan adopted by
708+
709+
710+
711+
712+
713+ HB4634 Enrolled - 20 - LRB103 36124 LNS 66215 b
714+
715+
716+HB4634 Enrolled- 21 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 21 - LRB103 36124 LNS 66215 b
717+ HB4634 Enrolled - 21 - LRB103 36124 LNS 66215 b
718+1 the Commission, or any other order of the Commission, any
719+2 Electing Provider that is subject to any other order of
720+3 the Commission and that violates or fails to comply with
721+4 the service quality standards promulgated pursuant to this
722+5 subsection (e) or any other order of the Commission shall
723+6 not be subject to any fines, penalties, customer credits,
724+7 or enforcement mechanisms other than such fines or
725+8 penalties or customer credits as may be imposed by the
726+9 Commission in accordance with the provisions of this
727+10 subsection (e) and Section 13-305, which are to be
728+11 generally applicable to all Electing Providers. The amount
729+12 of any fines or penalties imposed by the Commission for
730+13 failure to comply with the requirements of this subsection
731+14 (e) shall be an appropriate amount, taking into account,
732+15 at a minimum, the Electing Provider's gross annual
733+16 intrastate revenue; the frequency, duration, and
734+17 recurrence of the violation; and the relative harm caused
735+18 to the affected customers or other users of the network.
736+19 In imposing fines and penalties, the Commission shall take
737+20 into account compensation or credits paid by the Electing
738+21 Provider to its customers pursuant to this subsection (e)
739+22 in compensation for any violation found pursuant to this
740+23 subsection (e), and in any event the fine or penalty shall
741+24 not exceed an amount equal to the maximum amount of a civil
742+25 penalty that may be imposed under Section 13-305.
743+26 (5) An Electing Provider in each of the MSA or
744+
745+
746+
747+
748+
749+ HB4634 Enrolled - 21 - LRB103 36124 LNS 66215 b
750+
751+
752+HB4634 Enrolled- 22 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 22 - LRB103 36124 LNS 66215 b
753+ HB4634 Enrolled - 22 - LRB103 36124 LNS 66215 b
754+1 Exchange areas classified as competitive pursuant to
755+2 subsection (c) of this Section shall fulfill the
756+3 requirements in subdivision (e)(3) of this Section for 3
757+4 years after its notice of election becomes effective.
758+5 After such 3 years, the requirements in subdivision (e)(3)
759+6 of this Section shall not apply to such Electing Provider,
760+7 except that, upon request from the Commission, the
761+8 Electing Provider shall provide a report showing the
762+9 number of credits and exemptions for the requested time
763+10 period.
764+11 (f) Commission jurisdiction over competitive retail
765+12 telecommunications services. Except as otherwise expressly
766+13 stated in this Section, the Commission shall thereafter have
767+14 no jurisdiction or authority over any aspect of competitive
768+15 retail telecommunications service of an Electing Provider in
769+16 those geographic areas included in the Electing Provider's
770+17 notice of election pursuant to subsection (b) of this Section
771+18 or of a retail telecommunications service classified as
772+19 competitive pursuant to Section 13-502 or subdivision (c)(5)
773+20 of this Section, heretofore subject to the jurisdiction of the
774+21 Commission, including but not limited to, any requirements of
775+22 this Article related to the terms, conditions, rates, quality
776+23 of service, availability, classification or any other aspect
777+24 of any competitive retail telecommunications services. No
778+25 telecommunications carrier shall commit any unfair or
779+26 deceptive act or practice in connection with any aspect of the
780+
781+
782+
783+
784+
785+ HB4634 Enrolled - 22 - LRB103 36124 LNS 66215 b
786+
787+
788+HB4634 Enrolled- 23 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 23 - LRB103 36124 LNS 66215 b
789+ HB4634 Enrolled - 23 - LRB103 36124 LNS 66215 b
790+1 offering or provision of any competitive retail
791+2 telecommunications service. Nothing in this Article shall
792+3 limit or affect any provisions in the Consumer Fraud and
793+4 Deceptive Business Practices Act with respect to any unfair or
794+5 deceptive act or practice by a telecommunications carrier.
795+6 (g) Commission authority over access services upon
796+7 election for market regulation.
797+8 (1) As part of its Notice of Election for Market
798+9 Regulation, the Electing Provider shall reduce its
799+10 intrastate switched access rates to rates no higher than
800+11 its interstate switched access rates in 4 installments.
801+12 The first reduction must be made 30 days after submission
802+13 of its complete application for Notice of Election for
803+14 Market Regulation, and the Electing Provider must reduce
804+15 its intrastate switched access rates by an amount equal to
805+16 33% of the difference between its current intrastate
806+17 switched access rates and its current interstate switched
807+18 access rates. The second reduction must be made no later
808+19 than one year after the first reduction, and the Electing
809+20 Provider must reduce its then current intrastate switched
810+21 access rates by an amount equal to 41% of the difference
811+22 between its then current intrastate switched access rates
812+23 and its then current interstate switched access rates. The
813+24 third reduction must be made no later than one year after
814+25 the second reduction, and the Electing Provider must
815+26 reduce its then current intrastate switched access rates
816+
817+
818+
819+
820+
821+ HB4634 Enrolled - 23 - LRB103 36124 LNS 66215 b
822+
823+
824+HB4634 Enrolled- 24 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 24 - LRB103 36124 LNS 66215 b
825+ HB4634 Enrolled - 24 - LRB103 36124 LNS 66215 b
826+1 by an amount equal to 50% of the difference between its
827+2 then current intrastate switched access rate and its then
828+3 current interstate switched access rates. The fourth
829+4 reduction must be made on or before June 30, 2013, and the
830+5 Electing Provider must reduce its intrastate switched
831+6 access rate to mirror its then current interstate switched
832+7 access rates and rate structure. Following the fourth
833+8 reduction, each Electing Provider must continue to set its
834+9 intrastate switched access rates to mirror its interstate
835+10 switched access rates and rate structure. For purposes of
836+11 this subsection, the rate for intrastate switched access
837+12 service means the composite, per-minute rate for that
838+13 service, including all applicable fixed and
839+14 traffic-sensitive charges, including, but not limited to,
840+15 carrier common line charges.
841+16 (2) Nothing in paragraph (1) of this subsection (g)
842+17 prohibits an Electing Provider from electing to offer
843+18 intrastate switched access service at rates lower than its
844+19 interstate switched access rates.
845+20 (3) The Commission shall have no authority to order an
846+21 Electing Provider to set its rates for intrastate switched
847+22 access at a level lower than its interstate switched
848+23 access rates.
849+24 (4) The Commission's authority under this subsection
850+25 (g) shall only apply to Electing Providers under Market
851+26 Regulation. The Commission's authority over switched
852+
853+
854+
855+
856+
857+ HB4634 Enrolled - 24 - LRB103 36124 LNS 66215 b
858+
859+
860+HB4634 Enrolled- 25 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 25 - LRB103 36124 LNS 66215 b
861+ HB4634 Enrolled - 25 - LRB103 36124 LNS 66215 b
862+1 access services for all other carriers is retained under
863+2 Section 13-900.2 of this Act.
864+3 (h) Safety of service equipment and facilities.
865+4 (1) An Electing Provider shall furnish, provide, and
866+5 maintain such service instrumentalities, equipment, and
867+6 facilities as shall promote the safety, health, comfort,
868+7 and convenience of its patrons, employees, and public and
869+8 as shall be in all respects adequate, reliable, and
870+9 efficient without discrimination or delay. Every Electing
871+10 Provider shall provide service and facilities that are in
872+11 all respects environmentally safe.
873+12 (2) The Commission is authorized to conduct an
874+13 investigation of any Electing Provider or part thereof.
875+14 The investigation may examine the reasonableness,
876+15 prudence, or efficiency of any aspect of the Electing
877+16 Provider's operations or functions that may affect the
878+17 adequacy, safety, efficiency, or reliability of
879+18 telecommunications service. The Commission may conduct or
880+19 order an investigation only when it has reasonable grounds
881+20 to believe that the investigation is necessary to assure
882+21 that the Electing Provider is providing adequate,
883+22 efficient, reliable, and safe service. The Commission
884+23 shall, before initiating any such investigation, issue an
885+24 order describing the grounds for the investigation and the
886+25 appropriate scope and nature of the investigation, which
887+26 shall be reasonably related to the grounds relied upon by
888+
889+
890+
891+
892+
893+ HB4634 Enrolled - 25 - LRB103 36124 LNS 66215 b
894+
895+
896+HB4634 Enrolled- 26 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 26 - LRB103 36124 LNS 66215 b
897+ HB4634 Enrolled - 26 - LRB103 36124 LNS 66215 b
898+1 the Commission in its order.
899+2 (i) (Blank).
900+3 (j) Application of Article VII. The provisions of Sections
901+4 7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
902+5 applicable to an Electing Provider offering or providing
903+6 retail telecommunications service, and the Commission's
904+7 regulation thereof, except that (1) the approval of contracts
905+8 and arrangements with affiliated interests required by
906+9 paragraph (3) of Section 7-101 shall not apply to such
907+10 telecommunications carriers provided that, except as provided
908+11 in item (2), those contracts and arrangements shall be filed
909+12 with the Commission; (2) affiliated interest contracts or
910+13 arrangements entered into by such telecommunications carriers
911+14 where the increased obligation thereunder does not exceed the
912+15 lesser of $5,000,000 or 5% of such carrier's prior annual
913+16 revenue from noncompetitive services are not required to be
914+17 filed with the Commission; and (3) any consent and approval of
915+18 the Commission required by Section 7-102 is not required for
916+19 the sale, lease, assignment, or transfer by any Electing
917+20 Provider of any property that is not necessary or useful in the
918+21 performance of its duties to the public.
919+22 (k) Notwithstanding other provisions of this Section, the
920+23 Commission retains its existing authority to enforce the
921+24 provisions, conditions, and requirements of the following
922+25 Sections of this Article: 13-101, 13-103, 13-201, 13-301,
923+26 13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
924+
925+
926+
927+
928+
929+ HB4634 Enrolled - 26 - LRB103 36124 LNS 66215 b
930+
931+
932+HB4634 Enrolled- 27 -LRB103 36124 LNS 66215 b HB4634 Enrolled - 27 - LRB103 36124 LNS 66215 b
933+ HB4634 Enrolled - 27 - LRB103 36124 LNS 66215 b
934+1 13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
935+2 13-404.2, 13-405, 13-406, 13-501, 13-501.5, 13-503, 13-505,
936+3 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, 13-516,
937+4 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, 13-707,
938+5 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 13-900.1,
939+6 13-900.2, 13-901, 13-902, and 13-903, which are fully and
940+7 equally applicable to Electing Providers and to
941+8 telecommunications carriers providing retail
942+9 telecommunications service classified as competitive pursuant
943+10 to Section 13-502 or subdivision (c)(5) of this Section
944+11 subject to the provisions of this Section. On the effective
945+12 date of this amendatory Act of the 98th General Assembly, the
946+13 following Sections of this Article shall cease to apply to
947+14 Electing Providers and to telecommunications carriers
948+15 providing retail telecommunications service classified as
949+16 competitive pursuant to Section 13-502 or subdivision (c)(5)
950+17 of this Section: 13-302, 13-405.1, 13-502, 13-502.5, 13-504,
951+18 13-505.2, 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1,
952+19 13-507, 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601,
953+20 13-701, and 13-712.
954+21 (Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17;
955+22 100-840, eff. 8-13-18.)
956+
957+
958+
959+
960+
961+ HB4634 Enrolled - 27 - LRB103 36124 LNS 66215 b