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1 | - | Public Act 103-0826 | |
2 | 1 | HB4634 EnrolledLRB103 36124 LNS 66215 b HB4634 Enrolled LRB103 36124 LNS 66215 b | |
3 | 2 | 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10 | - | (Section scheduled to be repealed on December 31, 2026) | |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9 | + | 7 (Section scheduled to be repealed on December 31, 2026) | |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 | |
27 | 26 | ||
28 | 27 | ||
29 | 28 | ||
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31 | 30 | ||
32 | 31 | ||
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 | |
59 | 60 | ||
60 | 61 | ||
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 | |
87 | 62 | ||
88 | 63 | ||
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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116 | 67 | ||
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 | |
143 | 96 | ||
144 | 97 | ||
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 | |
171 | 98 | ||
172 | 99 | ||
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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199 | 102 | ||
200 | 103 | ||
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 | |
227 | 132 | ||
228 | 133 | ||
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 | |
255 | 134 | ||
256 | 135 | ||
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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283 | 138 | ||
284 | 139 | ||
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 | |
311 | 168 | ||
312 | 169 | ||
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 | |
339 | 170 | ||
340 | 171 | ||
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 | |
395 | 204 | ||
396 | 205 | ||
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 | |
423 | 206 | ||
424 | 207 | ||
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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452 | 211 | ||
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, | |
479 | 240 | ||
480 | 241 | ||
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; | |
507 | 242 | ||
508 | 243 | ||
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 | |
244 | + | ||
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536 | 247 | ||
537 | - | subdivision (e)(2)(C) as a result of missed | |
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 | |
563 | 276 | ||
564 | 277 | ||
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 | |
591 | 278 | ||
592 | 279 | ||
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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620 | 283 | ||
621 | - | offering or provision of any competitive retail | |
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 | |
647 | 312 | ||
648 | 313 | ||
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 | |
675 | 314 | ||
676 | 315 | ||
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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704 | 319 | ||
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 | |
731 | 348 | ||
732 | 349 | ||
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. | |
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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 | |
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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 | |
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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 | |
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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 | |
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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; | |
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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 |