HB1811 Enrolled LRB100 08000 SMS 18081 b
1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 3. The Freedom of Information Act is amended by
5		changing Section 7.5 as follows:
6		(5 ILCS 140/7.5)
7		Sec. 7.5. Statutory exemptions. To the extent provided for
8		by the statutes referenced below, the following shall be exempt
9		from inspection and copying:
10		(a) All information determined to be confidential
11		under Section 4002 of the Technology Advancement and
12		Development Act.
13		(b) Library circulation and order records identifying
14		library users with specific materials under the Library
15		Records Confidentiality Act.
16		(c) Applications, related documents, and medical
17		records received by the Experimental Organ Transplantation
18		Procedures Board and any and all documents or other records
19		prepared by the Experimental Organ Transplantation
20		Procedures Board or its staff relating to applications it
21		has received.
22		(d) Information and records held by the Department of
23		Public Health and its authorized representatives relating

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1		to known or suspected cases of sexually transmissible
2		disease or any information the disclosure of which is
3		restricted under the Illinois Sexually Transmissible
4		Disease Control Act.
5		(e) Information the disclosure of which is exempted
6		under Section 30 of the Radon Industry Licensing Act.
7		(f) Firm performance evaluations under Section 55 of
8		the Architectural, Engineering, and Land Surveying
9		Qualifications Based Selection Act.
10		(g) Information the disclosure of which is restricted
11		and exempted under Section 50 of the Illinois Prepaid
12		Tuition Act.
13		(h) Information the disclosure of which is exempted
14		under the State Officials and Employees Ethics Act, and
15		records of any lawfully created State or local inspector
16		general's office that would be exempt if created or
17		obtained by an Executive Inspector General's office under
18		that Act.
19		(i) Information contained in a local emergency energy
20		plan submitted to a municipality in accordance with a local
21		emergency energy plan ordinance that is adopted under
22		Section 11-21.5-5 of the Illinois Municipal Code.
23		(j) Information and data concerning the distribution
24		of surcharge moneys collected and remitted by wireless
25		carriers under the Wireless Emergency Telephone System
26		Safety Act.

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1		(k) Law enforcement officer identification information
2		or driver identification information compiled by a law
3		enforcement agency or the Department of Transportation
4		under Section 11-212 of the Illinois Vehicle Code.
5		(l) Records and information provided to a residential
6		health care facility resident sexual assault and death
7		review team or the Executive Council under the Abuse
8		Prevention Review Team Act.
9		(m) Information provided to the predatory lending
10		database created pursuant to Article 3 of the Residential
11		Real Property Disclosure Act, except to the extent
12		authorized under that Article.
13		(n) Defense budgets and petitions for certification of
14		compensation and expenses for court appointed trial
15		counsel as provided under Sections 10 and 15 of the Capital
16		Crimes Litigation Act. This subsection (n) shall apply
17		until the conclusion of the trial of the case, even if the
18		prosecution chooses not to pursue the death penalty prior
19		to trial or sentencing.
20		(o) Information that is prohibited from being
21		disclosed under Section 4 of the Illinois Health and
22		Hazardous Substances Registry Act.
23		(p) Security portions of system safety program plans,
24		investigation reports, surveys, schedules, lists, data, or
25		information compiled, collected, or prepared by or for the
26		Regional Transportation Authority under Section 2.11 of

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1		the Regional Transportation Authority Act or the St. Clair
2		County Transit District under the Bi-State Transit Safety
3		Act.
4		(q) Information prohibited from being disclosed by the
5		Personnel Records Review Act.
6		(r) Information prohibited from being disclosed by the
7		Illinois School Student Records Act.
8		(s) Information the disclosure of which is restricted
9		under Section 5-108 of the Public Utilities Act.
10		(t) All identified or deidentified health information
11		in the form of health data or medical records contained in,
12		stored in, submitted to, transferred by, or released from
13		the Illinois Health Information Exchange, and identified
14		or deidentified health information in the form of health
15		data and medical records of the Illinois Health Information
16		Exchange in the possession of the Illinois Health
17		Information Exchange Authority due to its administration
18		of the Illinois Health Information Exchange. The terms
19		"identified" and "deidentified" shall be given the same
20		meaning as in the Health Insurance Portability and
21		Accountability Act of 1996, Public Law 104-191, or any
22		subsequent amendments thereto, and any regulations
23		promulgated thereunder.
24		(u) Records and information provided to an independent
25		team of experts under Brian's Law.
26		(v) Names and information of people who have applied

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1		for or received Firearm Owner's Identification Cards under
2		the Firearm Owners Identification Card Act or applied for
3		or received a concealed carry license under the Firearm
4		Concealed Carry Act, unless otherwise authorized by the
5		Firearm Concealed Carry Act; and databases under the
6		Firearm Concealed Carry Act, records of the Concealed Carry
7		Licensing Review Board under the Firearm Concealed Carry
8		Act, and law enforcement agency objections under the
9		Firearm Concealed Carry Act.
10		(w) Personally identifiable information which is
11		exempted from disclosure under subsection (g) of Section
12		19.1 of the Toll Highway Act.
13		(x) Information which is exempted from disclosure
14		under Section 5-1014.3 of the Counties Code or Section
15		8-11-21 of the Illinois Municipal Code.
16		(y) Confidential information under the Adult
17		Protective Services Act and its predecessor enabling
18		statute, the Elder Abuse and Neglect Act, including
19		information about the identity and administrative finding
20		against any caregiver of a verified and substantiated
21		decision of abuse, neglect, or financial exploitation of an
22		eligible adult maintained in the Registry established
23		under Section 7.5 of the Adult Protective Services Act.
24		(z) Records and information provided to a fatality
25		review team or the Illinois Fatality Review Team Advisory
26		Council under Section 15 of the Adult Protective Services

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1		Act.
2		(aa) Information which is exempted from disclosure
3		under Section 2.37 of the Wildlife Code.
4		(bb) Information which is or was prohibited from
5		disclosure by the Juvenile Court Act of 1987.
6		(cc) Recordings made under the Law Enforcement
7		Officer-Worn Body Camera Act, except to the extent
8		authorized under that Act.
9		(dd) Information that is prohibited from being
10		disclosed under Section 45 of the Condominium and Common
11		Interest Community Ombudsperson Act.
12		(ee) (dd) Information that is exempted from disclosure
13		under Section 30.1 of the Pharmacy Practice Act.
14		(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,
15		eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;
16		99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;
17		99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.
18		8-19-16; revised 9-1-16.)
19		Section 5. The Department of State Police Law of the Civil
20		Administrative Code of Illinois is amended by changing Sections
21		2605-52 and 2605-475 as follows:
22		(20 ILCS 2605/2605-52)
23		Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
24		(a) There shall be established an Office of the Statewide

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1		9-1-1 Administrator within the Department. Beginning January
2		1, 2016, the Office of the Statewide 9-1-1 Administrator shall
3		be responsible for developing, implementing, and overseeing a
4		uniform statewide 9-1-1 system for all areas of the State
5		outside of municipalities having a population over 500,000.
6		(b) The Governor shall appoint, with the advice and consent
7		of the Senate, a Statewide 9-1-1 Administrator. The
8		Administrator shall serve for a term of 2 years, and until a
9		successor is appointed and qualified; except that the term of
10		the first 9-1-1 Administrator appointed under this Act shall
11		expire on the third Monday in January, 2017. The Administrator
12		shall not hold any other remunerative public office. The
13		Administrator shall receive an annual salary as set by the
14		Governor.
15		(c) The Department, from appropriations made to it for that
16		purpose, shall make grants to 9-1-1 Authorities for the purpose
17		of defraying costs associated with 9-1-1 system consolidations
18		awarded by the Administrator under Section 15.4b of the
19		Emergency Telephone System Act.
20		(Source: P.A. 99-6, eff. 6-29-15.)
21		(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
22		Sec. 2605-475. Wireless Emergency Telephone System Safety
23		Act. The Department and Statewide 9-1-1 Administrator shall To
24		exercise the powers and perform the duties specifically
25		assigned to each the Department under the Wireless Emergency

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1		Telephone System Safety Act with respect to the development and
2		improvement of emergency communications procedures and
3		facilities in such a manner as to facilitate a quick response
4		to any person calling the number "9-1-1" seeking police, fire,
5		medical, or other emergency services through a wireless carrier
6		as defined in Section 10 of the Wireless Emergency Telephone
7		Safety Act. Nothing in the Wireless Emergency Telephone System
8		Safety Act shall require the Department of Illinois State
9		Police to provide wireless enhanced 9-1-1 services.
10		(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
11		Section 10. The State Finance Act is amended by changing
12		Section 8.37 as follows:
13		(30 ILCS 105/8.37)
14		Sec. 8.37. State Police Wireless Service Emergency Fund.
15		(a) The State Police Wireless Service Emergency Fund is
16		created as a special fund in the State Treasury.
17		(b) Grants or surcharge funds allocated to the Department
18		of State Police from the Statewide 9-1-1 Wireless Service
19		Emergency Fund shall be deposited into the State Police
20		Wireless Service Emergency Fund and shall be used in accordance
21		with Section 30 20 of the Wireless Emergency Telephone System
22		Safety Act.
23		(c) On July 1, 1999, the State Comptroller and State
24		Treasurer shall transfer $1,300,000 from the General Revenue

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1		Fund to the State Police Wireless Service Emergency Fund. On
2		June 30, 2003 the State Comptroller and State Treasurer shall
3		transfer $1,300,000 from the State Police Wireless Service
4		Emergency Fund to the General Revenue Fund.
5		(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)
6		Section 15. The Emergency Telephone System Act is reenacted
7		and is amended by changing Sections 2, 8, 10, 10.3, 12, 14,
8		15.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6a, 19, 20, 30, 35, 40, 55,
9		and 99 and by adding Sections 17.5 and 80 as follows:
10		(50 ILCS 750/Act title)
11		An Act in relation to the designation of an emergency
12		telephone number for use throughout the State.
13		(50 ILCS 750/0.01) (from Ch. 134, par. 30.01)
14		Sec. 0.01. This Act shall be known and may be cited as the
15		"Emergency Telephone System Act".
16		(Source: P.A. 85-978.)
17		(50 ILCS 750/1) (from Ch. 134, par. 31)
18		Sec. 1. The General Assembly finds and declares that it is
19		in the public interest to shorten the time required for a
20		citizen to request and receive emergency aid. There currently
21		exist thousands of different emergency phone numbers
22		throughout the state, and present telephone exchange

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1		boundaries and central office service areas do not necessarily
2		correspond to public safety and political boundaries.
3		Provision of a single, primary three-digit emergency number
4		through which emergency services can be quickly and efficiently
5		obtained would provide a significant contribution to law
6		enforcement and other public service efforts by making it less
7		difficult to quickly notify public safety personnel. Such a
8		simplified means of procuring emergency services will result in
9		the saving of life, a reduction in the destruction of property,
10		quicker apprehension of criminals, and ultimately the saving of
11		money. The General Assembly further finds and declares that the
12		establishment of a uniform, statewide emergency number is a
13		matter of statewide concern and interest to all inhabitants and
14		citizens of this State. It is the purpose of this Act to
15		establish the number "9-1-1" as the primary emergency telephone
16		number for use in this State and to encourage units of local
17		government and combinations of such units to develop and
18		improve emergency communication procedures and facilities in
19		such a manner as to be able to quickly respond to any person
20		calling the telephone number "9-1-1" seeking police, fire,
21		medical, rescue, and other emergency services.
22		(Source: P.A. 85-978.)
23		(50 ILCS 750/2) (from Ch. 134, par. 32)
24		Sec. 2. Definitions. As used in this Act, unless the
25		context otherwise requires:

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1		"9-1-1 network" means the network used for the delivery of
2		9-1-1 calls and messages over dedicated and redundant
3		facilities to a primary or backup 9-1-1 PSAP that meets P.01
4		grade of service standards for basic 9-1-1 and enhanced 9-1-1
5		services or meets national I3 industry call delivery standards
6		for Next Generation 9-1-1 services.
7		"9-1-1 system" means the geographic area that has been
8		granted an order of authority by the Commission or the
9		Statewide 9-1-1 Administrator to use "9-1-1" as the primary
10		emergency telephone number.
11		"9-1-1 Authority" includes an Emergency Telephone System
12		Board, Joint Emergency Telephone System Board, and a qualified
13		governmental entity. "9-1-1 Authority" includes the Department
14		of State Police only to the extent it provides 9-1-1 services
15		under this Act.
16		"Administrator" means the Statewide 9-1-1 Administrator.
17		"Advanced service" means any telecommunications service
18		with or without dynamic bandwidth allocation, including, but
19		not limited to, ISDN Primary Rate Interface (PRI), that,
20		through the use of a DS-1, T-1, or other similar un-channelized
21		or multi-channel transmission facility, is capable of
22		transporting either the subscriber's inter-premises voice
23		telecommunications services to the public switched network or
24		the subscriber's 9-1-1 calls to the public agency.
25		"ALI" or "automatic location identification" means, in an
26		E9-1-1 system, the automatic display at the public safety

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1		answering point of the caller's telephone number, the address
2		or location of the telephone, and supplementary emergency
3		services information.
4		"ANI" or "automatic number identification" means the
5		automatic display of the 9-1-1 calling party's number on the
6		PSAP monitor.
7		"Automatic alarm" and "automatic alerting device" mean any
8		device that will access the 9-1-1 system for emergency services
9		upon activation.
10		"Backup PSAP" means a public safety answering point that
11		serves as an alternate to the PSAP for enhanced systems and is
12		at a different location and operates independently from the
13		PSAP. A backup PSAP may accept overflow calls from the PSAP or
14		be activated if the primary PSAP is disabled.
15		"Board" means an Emergency Telephone System Board or a
16		Joint Emergency Telephone System Board created pursuant to
17		Section 15.4.
18		"Carrier" includes a telecommunications carrier and a
19		wireless carrier.
20		"Commission" means the Illinois Commerce Commission.
21		"Computer aided dispatch" or "CAD" means a computer-based
22		system that aids PSAP telecommunicators by automating selected
23		dispatching and recordkeeping activities database maintained
24		by the public safety agency or public safety answering point
25		used in conjunction with 9-1-1 caller data.
26		"Direct dispatch method" means a 9-1-1 service that

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1		provides for the direct dispatch by a PSAP telecommunicator of
2		the appropriate unit upon receipt of an emergency call and the
3		decision as to the proper action to be taken.
4		"Department" means the Department of State Police.
5		"DS-1, T-1, or similar un-channelized or multi-channel
6		transmission facility" means a facility that can transmit and
7		receive a bit rate of at least 1.544 megabits per second
8		(Mbps).
9		"Dynamic bandwidth allocation" means the ability of the
10		facility or customer to drop and add channels, or adjust
11		bandwidth, when needed in real time for voice or data purposes.
12		"Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone
13		system that includes dedicated network switching, database and
14		PSAP premise elements capable of providing automatic location
15		identification data, selective routing, database, ALI, ANI,
16		selective transfer, fixed transfer, and a call back number,
17		including any enhanced 9-1-1 service so designated by the
18		Federal Communications Commission in its report and order in WC
19		Dockets Nos. 04-36 and 05-196, or any successor proceeding.
20		"ETSB" means an emergency telephone system board appointed
21		by the corporate authorities of any county or municipality that
22		provides for the management and operation of a 9-1-1 system.
23		"Hearing-impaired individual" means a person with a
24		permanent hearing loss who can regularly and routinely
25		communicate by telephone only through the aid of devices which
26		can send and receive written messages over the telephone

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1		network.
2		"Hosted supplemental 9-1-1 service" means a database
3		service that:
4		(1) electronically provides information to 9-1-1 call
5		takers when a call is placed to 9-1-1;
6		(2) allows telephone subscribers to provide
7		information to 9-1-1 to be used in emergency scenarios;
8		(3) collects a variety of formatted data relevant to
9		9-1-1 and first responder needs, which may include, but is
10		not limited to, photographs of the telephone subscribers,
11		physical descriptions, medical information, household
12		data, and emergency contacts;
13		(4) allows for information to be entered by telephone
14		subscribers through a secure website where they can elect
15		to provide as little or as much information as they choose;
16		(5) automatically displays data provided by telephone
17		subscribers to 9-1-1 call takers for all types of
18		telephones when a call is placed to 9-1-1 from a registered
19		and confirmed phone number;
20		(6) supports the delivery of telephone subscriber
21		information through a secure internet connection to all
22		emergency telephone system boards;
23		(7) works across all 9-1-1 call taking equipment and
24		allows for the easy transfer of information into a computer
25		aided dispatch system; and
26		(8) may be used to collect information pursuant to an

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1		Illinois Premise Alert Program as defined in the Illinois
2		Premise Alert Program (PAP) Act.
3		"Interconnected voice over Internet protocol provider" or
4		"Interconnected VoIP provider" has the meaning given to that
5		term under Section 13-235 of the Public Utilities Act.
6		"Joint ETSB" means a Joint Emergency Telephone System Board
7		established by intergovernmental agreement of two or more
8		municipalities or counties, or a combination thereof, to
9		provide for the management and operation of a 9-1-1 system.
10		"Local public agency" means any unit of local government or
11		special purpose district located in whole or in part within
12		this State that provides or has authority to provide
13		firefighting, police, ambulance, medical, or other emergency
14		services.
15		"Mechanical dialer" means any device that either manually
16		or remotely triggers a dialing device to access the 9-1-1
17		system.
18		"Master Street Address Guide" or "MSAG" is a database of
19		street names and house ranges within their associated
20		communities defining emergency service zones (ESZs) and their
21		associated emergency service numbers (ESNs) to enable proper
22		routing of 9-1-1 calls means the computerized geographical
23		database that consists of all street and address data within a
24		9-1-1 system.
25		"Mobile telephone number" or "MTN" means the telephone
26		number assigned to a wireless telephone at the time of initial

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1		activation.
2		"Network connections" means the number of voice grade
3		communications channels directly between a subscriber and a
4		telecommunications carrier's public switched network, without
5		the intervention of any other telecommunications carrier's
6		switched network, which would be required to carry the
7		subscriber's inter-premises traffic and which connection
8		either (1) is capable of providing access through the public
9		switched network to a 9-1-1 Emergency Telephone System, if one
10		exists, or (2) if no system exists at the time a surcharge is
11		imposed under Section 15.3, that would be capable of providing
12		access through the public switched network to the local 9-1-1
13		Emergency Telephone System if one existed. Where multiple voice
14		grade communications channels are connected to a
15		telecommunications carrier's public switched network through a
16		private branch exchange (PBX) service, there shall be
17		determined to be one network connection for each trunk line
18		capable of transporting either the subscriber's inter-premises
19		traffic to the public switched network or the subscriber's
20		9-1-1 calls to the public agency. Where multiple voice grade
21		communications channels are connected to a telecommunications
22		carrier's public switched network through centrex type
23		service, the number of network connections shall be equal to
24		the number of PBX trunk equivalents for the subscriber's
25		service or other multiple voice grade communication channels
26		facility, as determined by reference to any generally

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1		applicable exchange access service tariff filed by the
2		subscriber's telecommunications carrier with the Commission.
3		"Network costs" means those recurring costs that directly
4		relate to the operation of the 9-1-1 network as determined by
5		the Statewide 9-1-1 Administrator with the advice of the
6		Statewide 9-1-1 Advisory Board, which may include including,
7		but need not be limited to, some or all of the following: costs
8		for interoffice trunks, selective routing charges, transfer
9		lines and toll charges for 9-1-1 services, Automatic Location
10		Information (ALI) database charges, call box trunk circuit
11		(including central office only and not including extensions to
12		fire stations), independent local exchange carrier charges and
13		non-system provider charges, carrier charges for third party
14		database for on-site customer premises equipment, back-up PSAP
15		trunks for non-system providers, periodic database updates as
16		provided by carrier (also known as "ALI data dump"), regional
17		ALI storage charges, circuits for call delivery (fiber or
18		circuit connection), NG9-1-1 costs, and all associated fees,
19		taxes, and surcharges on each invoice. "Network costs" shall
20		not include radio circuits or toll charges that are other than
21		for 9-1-1 services.
22		"Next generation 9-1-1" or "NG9-1-1" means an Internet
23		Protocol-based (IP-based) system comprised of managed ESInets,
24		functional elements and applications, and databases that
25		replicate traditional E9-1-1 features and functions and
26		provide additional capabilities. "NG9-1-1" systems are

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1		designed to provide access to emergency services from all
2		connected communications sources, and provide multimedia data
3		capabilities for PSAPs and other emergency services
4		organizations.
5		"NG9-1-1 costs" means those recurring costs that directly
6		relate to the Next Generation 9-1-1 service as determined by
7		the Statewide 9-1-1 Advisory Board, including, but not limited
8		to, costs for Emergency System Routing Proxy (ESRP), Emergency
9		Call Routing Function/Location Validation Function (ECRF/LVF),
10		Spatial Information Function (SIF), the Border Control
11		Function (BCF), and the Emergency Services Internet Protocol
12		networks (ESInets), legacy network gateways, and all
13		associated fees, taxes, and surcharges on each invoice.
14		"Private branch exchange" or "PBX" means a private
15		telephone system and associated equipment located on the user's
16		property that provides communications between internal
17		stations and external networks.
18		"Private business switch service" means a
19		telecommunications service including centrex type service and
20		PBX service, even though key telephone systems or equivalent
21		telephone systems registered with the Federal Communications
22		Commission under 47 C.F.R. Part 68 are directly connected to
23		centrex type and PBX systems providing 9-1-1 services equipped
24		for switched local network connections or 9-1-1 system access
25		to business end users through a private telephone switch.
26		"Private business switch service" means network and

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1		premises based systems including a VoIP, Centrex type service,
2		or PBX service, even though does not include key telephone
3		systems or equivalent telephone systems registered with the
4		Federal Communications Commission under 47 C.F.R. Part 68 are
5		directly connected to Centrex when not used in conjunction with
6		centrex type and PBX systems. "Private business switch service"
7		does not include key telephone systems or equivalent telephone
8		systems registered with the Federal Communications Commission
9		under 47 C.F.R. Part 68 when not used in conjunction with a
10		VoIP, Centrex type, or PBX systems. "Private business switch
11		service" typically includes, but is not limited to, private
12		businesses, corporations, and industries where the
13		telecommunications service is primarily for conducting
14		business.
15		"Private residential switch service" means network and
16		premise based systems a telecommunications service including a
17		VoIP, Centrex centrex type service, or and PBX service or , even
18		though key telephone systems or equivalent telephone systems
19		registered with the Federal Communications Commission under 47
20		C.F.R. Part 68 that are directly connected to a VoIP, Centrex
21		centrex type service, or and PBX systems providing 9-1-1
22		services equipped for switched local network connections or
23		9-1-1 system access to residential end users through a private
24		telephone switch. "Private residential switch service" does
25		not include key telephone systems or equivalent telephone
26		systems registered with the Federal Communications Commission

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1		under 47 C.F.R. Part 68 when not used in conjunction with a
2		VoIP, Centrex centrex type, or and PBX systems. "Private
3		residential switch service" typically includes, but is not
4		limited to, apartment complexes, condominiums, and campus or
5		university environments where shared tenant service is
6		provided and where the usage of the telecommunications service
7		is primarily residential.
8		"Public agency" means the State, and any unit of local
9		government or special purpose district located in whole or in
10		part within this State, that provides or has authority to
11		provide firefighting, police, ambulance, medical, or other
12		emergency services.
13		"Public safety agency" means a functional division of a
14		public agency that provides firefighting, police, medical, or
15		other emergency services to respond to and manage emergency
16		incidents. For the purpose of providing wireless service to
17		users of 9-1-1 emergency services, as expressly provided for in
18		this Act, the Department of State Police may be considered a
19		public safety agency.
20		"Public safety answering point" or "PSAP" is a set of
21		call-takers authorized by a governing body and operating under
22		common management that receive 9-1-1 calls and asynchronous
23		event notifications for a defined geographic area and processes
24		those calls and events according to a specified operational
25		policy means the initial answering location of an emergency
26		call.

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1		"Qualified governmental entity" means a unit of local
2		government authorized to provide 9-1-1 services pursuant to
3		this Act where no emergency telephone system board exists.
4		"Referral method" means a 9-1-1 service in which the PSAP
5		telecommunicator provides the calling party with the telephone
6		number of the appropriate public safety agency or other
7		provider of emergency services.
8		"Regular service" means any telecommunications service,
9		other than advanced service, that is capable of transporting
10		either the subscriber's inter-premises voice
11		telecommunications services to the public switched network or
12		the subscriber's 9-1-1 calls to the public agency.
13		"Relay method" means a 9-1-1 service in which the PSAP
14		telecommunicator takes the pertinent information from a caller
15		and relays that information to the appropriate public safety
16		agency or other provider of emergency services.
17		"Remit period" means the billing period, one month in
18		duration, for which a wireless carrier remits a surcharge and
19		provides subscriber information by zip code to the Department,
20		in accordance with Section 20 of this Act.
21		"Secondary Answering Point" or "SAP" means a location,
22		other than a PSAP, that is able to receive the voice, data, and
23		call back number of E9-1-1 or NG9-1-1 emergency calls
24		transferred from a PSAP and completes the call taking process
25		by dispatching police, medical, fire, or other emergency
26		responders.

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1		"Statewide wireless emergency 9-1-1 system" means all
2		areas of the State where an emergency telephone system board
3		or, in the absence of an emergency telephone system board, a
4		qualified governmental entity, has not declared its intention
5		for one or more of its public safety answering points to serve
6		as a primary wireless 9-1-1 public safety answering point for
7		its jurisdiction. The operator of the statewide wireless
8		emergency 9-1-1 system shall be the Department of State Police.
9		"System" means the communications equipment and related
10		software applications required to produce a response by the
11		appropriate emergency public safety agency or other provider of
12		emergency services as a result of an emergency call being
13		placed to 9-1-1.
14		"System provider" means the contracted entity providing
15		9-1-1 network and database services.
16		"Telecommunications carrier" means those entities included
17		within the definition specified in Section 13-202 of the Public
18		Utilities Act, and includes those carriers acting as resellers
19		of telecommunications services. "Telecommunications carrier"
20		includes telephone systems operating as mutual concerns.
21		"Telecommunications carrier" does not include a wireless
22		carrier.
23		"Telecommunications technology" means equipment that can
24		send and receive written messages over the telephone network.
25		"Transfer method" means a 9-1-1 service in which the PSAP
26		telecommunicator receiving a call transfers that call to the

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1		appropriate public safety agency or other provider of emergency
2		services.
3		"Transmitting messages" shall have the meaning given to
4		that term under Section 8-11-2 of the Illinois Municipal Code.
5		"Trunk line" means a transmission path, or group of
6		transmission paths, connecting a subscriber's PBX to a
7		telecommunications carrier's public switched network. In the
8		case of regular service, each voice grade communications
9		channel or equivalent amount of bandwidth capable of
10		transporting either the subscriber's inter-premises voice
11		telecommunications services to the public switched network or
12		the subscriber's 9-1-1 calls to the public agency shall be
13		considered a trunk line, even if it is bundled with other
14		channels or additional bandwidth. In the case of advanced
15		service, each DS-1, T-1, or other similar un-channelized or
16		multi-channel transmission facility that is capable of
17		transporting either the subscriber's inter-premises voice
18		telecommunications services to the public switched network or
19		the subscriber's 9-1-1 calls to the public agency shall be
20		considered a single trunk line, even if it contains multiple
21		voice grade communications channels or otherwise supports 2 or
22		more voice grade calls at a time; provided, however, that each
23		additional increment of up to 24 voice grade channels 1.544
24		Mbps of transmission capacity that is capable of transporting
25		either the subscriber's inter-premises voice
26		telecommunications services to the public switched network or

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1		the subscriber's 9-1-1 calls to the public agency shall be
2		considered an additional trunk line.
3		"Unmanned backup PSAP" means a public safety answering
4		point that serves as an alternate to the PSAP at an alternate
5		location and is typically unmanned but can be activated if the
6		primary PSAP is disabled.
7		"Virtual answering point" or "VAP" means a temporary or
8		nonpermanent location that is capable of receiving an emergency
9		call, contains a fully functional worksite that is not bound to
10		a specific location, but rather is portable and scalable,
11		connecting emergency call takers or dispatchers to the work
12		process, and is capable of completing the call dispatching
13		process.
14		"Voice-impaired individual" means a person with a
15		permanent speech disability which precludes oral
16		communication, who can regularly and routinely communicate by
17		telephone only through the aid of devices which can send and
18		receive written messages over the telephone network.
19		"Wireless carrier" means a provider of two-way cellular,
20		broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
21		Mobile Radio Service (CMRS), Wireless Communications Service
22		(WCS), or other Commercial Mobile Radio Service (CMRS), as
23		defined by the Federal Communications Commission, offering
24		radio communications that may provide fixed, mobile, radio
25		location, or satellite communication services to individuals
26		or businesses within its assigned spectrum block and

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1		geographical area or that offers real-time, two-way voice
2		service that is interconnected with the public switched
3		network, including a reseller of such service.
4		"Wireless enhanced 9-1-1" means the ability to relay the
5		telephone number of the originator of a 9-1-1 call and location
6		information from any mobile handset or text telephone device
7		accessing the wireless system to the designated wireless public
8		safety answering point as set forth in the order of the Federal
9		Communications Commission, FCC Docket No. 94-102, adopted June
10		12, 1996, with an effective date of October 1, 1996, and any
11		subsequent amendment thereto.
12		"Wireless public safety answering point" means the
13		functional division of a 9-1-1 authority accepting wireless
14		9-1-1 calls.
15		"Wireless subscriber" means an individual or entity to whom
16		a wireless service account or number has been assigned by a
17		wireless carrier, other than an account or number associated
18		with prepaid wireless telecommunication service.
19		(Source: P.A. 99-6, eff. 1-1-16.)
20		(50 ILCS 750/3) (from Ch. 134, par. 33)
21		Sec. 3. (a) By July 1, 2017, every local public agency
22		shall be within the jurisdiction of a 9-1-1 system.
23		(b) By July 1, 2020, every 9-1-1 system in Illinois shall
24		provide Next Generation 9-1-1 service.
25		(c) Nothing in this Act shall be construed to prohibit or

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1		discourage in any way the formation of multijurisdictional or
2		regional systems, and any system established pursuant to this
3		Act may include the territory of more than one public agency or
4		may include a segment of the territory of a public agency.
5		(Source: P.A. 99-6, eff. 1-1-16.)
6		(50 ILCS 750/4) (from Ch. 134, par. 34)
7		Sec. 4. Every system shall include police, firefighting,
8		and emergency medical and ambulance services, and may include
9		other emergency services. The system may incorporate private
10		ambulance service. In those areas in which a public safety
11		agency of the State provides such emergency services, the
12		system shall include such public safety agencies.
13		(Source: P.A. 99-6, eff. 1-1-16.)
14		(50 ILCS 750/5) (from Ch. 134, par. 35)
15		Sec. 5. The digits "9-1-1" shall be the primary emergency
16		telephone number within the system, but a public agency or
17		public safety agency shall maintain a separate secondary seven
18		digit emergency backup number for at least six months after the
19		"9-1-1" system is established and in operation, and shall
20		maintain a separate number for nonemergency telephone calls.
21		(Source: P.A. 85-978.)
22		(50 ILCS 750/6) (from Ch. 134, par. 36)
23		Sec. 6. Capabilities of system; pay telephones. All systems

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1		shall be designed to meet the specific requirements of each
2		community and public agency served by the system. Every system
3		shall be designed to have the capability of utilizing the
4		direct dispatch method, relay method, transfer method, or
5		referral method in response to emergency calls. The General
6		Assembly finds and declares that the most critical aspect of
7		the design of any system is the procedure established for
8		handling a telephone request for emergency services.
9		In addition, to maximize efficiency and utilization of the
10		system, all pay telephones within each system shall enable a
11		caller to dial "9-1-1" for emergency services without the
12		necessity of inserting a coin. This paragraph does not apply to
13		pay telephones located in penal institutions, as defined in
14		Section 2-14 of the Criminal Code of 2012, that have been
15		designated for the exclusive use of committed persons.
16		(Source: P.A. 99-6, eff. 1-1-16.)
17		(50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
18		Sec. 6.1. Every 9-1-1 system shall be readily accessible to
19		hearing-impaired and voice-impaired individuals through the
20		use of telecommunications technology for hearing-impaired and
21		speech-impaired individuals.
22		(Source: P.A. 99-6, eff. 1-1-16.)
23		(50 ILCS 750/7) (from Ch. 134, par. 37)
24		Sec. 7. The General Assembly finds that, because of

HB1811 Enrolled - 28 - LRB100 08000 SMS 18081 b
1		overlapping jurisdiction of public agencies, public safety
2		agencies and telephone service areas, the Administrator, with
3		the advice and recommendation of the Statewide 9-1-1 Advisory
4		Board, shall establish a general overview or plan to effectuate
5		the purposes of this Act within the time frame provided in this
6		Act. In order to insure that proper preparation and
7		implementation of emergency telephone systems are accomplished
8		by all public agencies as required under this Act, the
9		Department, with the advice and assistance of the Attorney
10		General, shall secure compliance by public agencies as provided
11		in this Act.
12		(Source: P.A. 99-6, eff. 1-1-16.)
13		(50 ILCS 750/8) (from Ch. 134, par. 38)
14		Sec. 8. The Administrator, with the advice and
15		recommendation of the Statewide 9-1-1 Advisory Board, shall
16		coordinate the implementation of systems established under
17		this Act. To assist with this coordination, all systems
18		authorized to operate under this Act shall register with the
19		Administrator information regarding its composition and
20		organization, including, but not limited to, identification of
21		all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs.
22		The Department may adopt rules for the administration of this
23		Section.
24		(Source: P.A. 99-6, eff. 1-1-16.)

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1		(50 ILCS 750/10) (from Ch. 134, par. 40)
2		Sec. 10. (a) The Administrator, with the advice and
3		recommendation of the Statewide 9-1-1 Advisory Board, shall
4		establish uniform technical and operational standards for all
5		9-1-1 systems in Illinois. All findings, orders, decisions,
6		rules, and regulations issued or promulgated by the Commission
7		under this Act or any other Act establishing or conferring
8		power on the Commission with respect to emergency
9		telecommunications services, shall continue in force.
10		Notwithstanding the provisions of this Section, where
11		applicable, the Administrator shall, with the advice and
12		recommendation of the Statewide 9-1-1 Advisory Board, amend the
13		Commission's findings, orders, decisions, rules, and
14		regulations to conform to the specific provisions of this Act
15		as soon as practicable after the effective date of this
16		amendatory Act of the 99th General Assembly.
17		(b) The Department may adopt emergency rules necessary to
18		implement the provisions of this amendatory Act of the 99th
19		General Assembly under subsection (t) of Section 5-45 of the
20		Illinois Administrative Procedure Act.
21		(c) Nothing in this Act shall deprive the Commission of any
22		authority to regulate the provision by telecommunication
23		carriers or 9-1-1 system service providers of
24		telecommunication or other services under the Public Utilities
25		Act.
26		(d) For rules that implicate both the regulation of 9-1-1

HB1811 Enrolled - 30 - LRB100 08000 SMS 18081 b
1		authorities under this Act and the regulation of
2		telecommunication carriers and 9-1-1 system service providers
3		under the Public Utilities Act, the Department and the
4		Commission may adopt joint rules necessary for implementation.
5		(e) Any findings, orders, or decisions of the Administrator
6		under this Section shall be deemed a final administrative
7		decision and shall be subject to judicial review under the
8		Administrative Review Law.
9		(Source: P.A. 99-6, eff. 1-1-16.)
10		(50 ILCS 750/10.1) (from Ch. 134, par. 40.1)
11		Sec. 10.1. Confidentiality.
12		(a) 9-1-1 information consisting of names, addresses and
13		telephone numbers of telephone customers whose listings are not
14		published in directories or listed in Directory Assistance
15		Offices is confidential. Except as provided in subsection (b),
16		information shall be provided on a call-by-call basis only for
17		the purpose of responding to emergency calls. For the purposes
18		of this subsection (a), "emergency" means a situation in which
19		property or human life is in jeopardy and the prompt
20		notification of the public safety agency is essential.
21		(b) 9-1-1 information, including information described in
22		subsection (a), may be used by a public safety agency for the
23		purpose of placing out-going emergency calls.
24		(c) Nothing in this Section prohibits a municipality with a
25		population of more than 500,000 from using 9-1-1 information,

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1		including information described in subsection (a), for the
2		purpose of responding to calls made to a non-emergency
3		telephone system that is under the supervision and control of a
4		public safety agency and that shares all or some facilities
5		with an emergency telephone system.
6		(d) Any public safety agency that uses 9-1-1 information
7		for the purposes of subsection (b) must establish methods and
8		procedures that ensure the confidentiality of information as
9		required by subsection (a).
10		(e) Divulging confidential information in violation of
11		this Section is a Class A misdemeanor.
12		(Source: P.A. 92-383, eff. 1-1-02.)
13		(50 ILCS 750/10.2) (from Ch. 134, par. 40.2)
14		Sec. 10.2. The Emergency Telephone System Board and the
15		Chairman of the County Board in any county implementing a 9-1-1
16		system shall ensure that all areas of the county are included
17		in the system.
18		(Source: P.A. 99-6, eff. 1-1-16.)
19		(50 ILCS 750/10.3)
20		Sec. 10.3. Notice of address change. The Emergency
21		Telephone System Board or qualified governmental entity in any
22		county implementing a 9-1-1 system that changes any person's
23		address (when the person whose address has changed has not
24		moved to a new residence) shall notify the person (i) of the

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1		person's new address and (ii) that the person should contact
2		the local election authority to determine if the person should
3		re-register to vote.
4		(Source: P.A. 90-664, eff. 7-30-98.)
5		(50 ILCS 750/11) (from Ch. 134, par. 41)
6		Sec. 11. All local public agencies operating a 9-1-1 system
7		shall operate under a plan that has been filed with and
8		approved by the Commission prior to January 1, 2016, or the
9		Administrator. Plans filed under this Section shall conform to
10		minimum standards established pursuant to Section 10.
11		(Source: P.A. 99-6, eff. 1-1-16.)
12		(50 ILCS 750/12) (from Ch. 134, par. 42)
13		Sec. 12. The Attorney General may, on in behalf of the
14		Department or on his own initiative, commence judicial
15		proceedings to enforce compliance by any public agency or
16		public utility providing telephone service with this Act.
17		(Source: P.A. 99-6, eff. 1-1-16.)
18		(50 ILCS 750/14) (from Ch. 134, par. 44)
19		Sec. 14. The General Assembly declares that a major purpose
20		of in enacting this Act is to ensure that 9-1-1 systems have
21		redundant methods of dispatch for: (1) each public safety
22		agency within its jurisdiction, herein known as participating
23		agencies; and (2) 9-1-1 systems whose jurisdictional

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1		boundaries are contiguous, herein known as adjacent 9-1-1
2		systems, when an emergency request for service is received for
3		a public safety agency that needs to be dispatched by the
4		adjacent 9-1-1 system. Another primary purpose of this Section
5		is to eliminate instances in which a public safety agency
6		responding emergency service refuses, once dispatched, to
7		render aid to the requester because the requester is outside of
8		the jurisdictional boundaries of the public safety agency
9		emergency service. Therefore, in implementing a 9-1-1 system
10		systems under this Act, all 9-1-1 authorities public agencies
11		in a single system shall enter into call handling and aid
12		outside jurisdictional boundaries agreements with each
13		participating agency and adjacent 9-1-1 system a joint powers
14		agreement or any other form of written cooperative agreement
15		which is applicable when need arises on a day-to-day basis.
16		Certified notification of the continuation of such agreements
17		shall be made among the involved parties on an annual basis. In
18		addition, such agreements shall be entered into between public
19		agencies and public safety agencies which are part of different
20		systems but whose jurisdictional boundaries are contiguous.
21		The agreements shall provide a primary and secondary means of
22		dispatch. It must also provide that, once an emergency unit is
23		dispatched in response to a request through the system, such
24		unit shall render its services to the requesting party without
25		regard to whether the unit is operating outside its normal
26		jurisdictional boundaries. Certified notification of the

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1		continuation of call handling and aid outside jurisdictional
2		boundaries agreements shall be made among the involved parties
3		on an annual basis.
4		(Source: P.A. 86-101.)
5		(50 ILCS 750/15) (from Ch. 134, par. 45)
6		Sec. 15. Copies of the annual certified notification of
7		continuing agreement required by Section 14 shall be filed with
8		the Attorney General and the Administrator. All such agreements
9		shall be so filed prior to the 31st day of January. The
10		Attorney General shall commence judicial proceedings to
11		enforce compliance with this Section and Section 14, where a
12		public agency or public safety agency has failed to timely
13		enter into such agreement or file copies thereof.
14		(Source: P.A. 99-6, eff. 1-1-16.)
15		(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)
16		Sec. 15.1. Public body; exemption from civil liability for
17		developing or operating emergency telephone system.
18		(a) In no event shall a public agency, the Commission, the
19		Statewide 9-1-1 Advisory Board, the Administrator, the
20		Department of State Police, public safety agency, public safety
21		answering point, emergency telephone system board, or unit of
22		local government assuming the duties of an emergency telephone
23		system board, or carrier, or its officers, employees, assigns,
24		or agents be liable for any civil damages or criminal liability

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1		that directly or indirectly results from, or is caused by, any
2		act or omission in the development, design, installation,
3		operation, maintenance, performance, or provision of 9-1-1
4		service required by this Act, unless the act or omission
5		constitutes gross negligence, recklessness, or intentional
6		misconduct.
7		A unit of local government, the Commission, the Statewide
8		9-1-1 Advisory Board, the Administrator, the Department of
9		State Police, public safety agency, public safety answering
10		point, emergency telephone system board, or carrier, or its
11		officers, employees, assigns, or agents, shall not be liable
12		for any form of civil damages or criminal liability that
13		directly or indirectly results from, or is caused by, the
14		release of subscriber information to any governmental entity as
15		required under the provisions of this Act, unless the release
16		constitutes gross negligence, recklessness, or intentional
17		misconduct.
18		(b) Exemption from civil liability for emergency
19		instructions is as provided in the Good Samaritan Act.
20		(c) This Section may not be offered as a defense in any
21		judicial proceeding brought by the Attorney General under
22		Section 12 to compel compliance with this Act.
23		(Source: P.A. 99-6, eff. 1-1-16.)
24		(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)
25		Sec. 15.2. Any person calling the number "911" for the

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1		purpose of making a false alarm or complaint and reporting
2		false information is subject to the provisions of Section 26-1
3		of the Criminal Code of 2012.
4		(Source: P.A. 97-1150, eff. 1-25-13.)
5		(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)
6		Sec. 15.2a. The installation of or connection to a
7		telephone company's network of any automatic alarm, automatic
8		alerting device, or mechanical dialer that causes the number
9		9-1-1 to be dialed in order to directly access emergency
10		services is prohibited in a 9-1-1 system.
11		This Section does not apply to a person who connects to a
12		9-1-1 network using automatic crash notification technology
13		subject to an established protocol.
14		This Section does not apply to devices used to enable
15		access to the 9-1-1 system for cognitively-impaired or special
16		needs persons or for persons with disabilities in an emergency
17		situation reported by a caregiver after initiating a missing
18		person's report. The device must have the capability to be
19		activated and controlled remotely by trained personnel at a
20		service center to prevent falsely activated or repeated calls
21		to the 9-1-1 system in a single incident. The device must have
22		the technical capability to generate location information to
23		the 9-1-1 system. Under no circumstances shall a device be sold
24		for use in a geographical jurisdiction where the 9-1-1 system
25		has not deployed wireless phase II location technology. The

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1		alerting device shall also provide for either 2-way
2		communication or send a pre-recorded message to a 9-1-1
3		provider explaining the nature of the emergency so that the
4		9-1-1 provider will be able to dispatch the appropriate
5		emergency responder.
6		Violation of this Section is a Class A misdemeanor. A
7		second or subsequent violation of this Section is a Class 4
8		felony.
9		(Source: P.A. 99-143, eff. 7-27-15.)
10		(50 ILCS 750/15.2b)
11		Sec. 15.2b. Emergency telephone number; advertising. No
12		person or private entity may advertise or otherwise publicize
13		the availability of services provided by a specific provider
14		and indicate that a consumer should obtain access to services
15		provided by a specific provider by use of the emergency
16		telephone number (9-1-1).
17		(Source: P.A. 88-497.)
18		(50 ILCS 750/15.2c)
19		Sec. 15.2c. Call boxes. No carrier shall be required to
20		provide a call box. For purposes of this Section, the term
21		"call box" means a device that is normally mounted to an
22		outside wall of the serving telecommunications carrier central
23		office and designed to provide emergency on-site answering by
24		authorized personnel at the central office location in the

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1		event a central office is isolated from the 9-1-1 network.
2		(Source: P.A. 99-6, eff. 1-1-16.)
3		(50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
4		Sec. 15.3. Local non-wireless surcharge.
5		(a) Except as provided in subsection (l) of this Section,
6		the corporate authorities of any municipality or any county
7		may, subject to the limitations of subsections (c), (d), and
8		(h), and in addition to any tax levied pursuant to the
9		Simplified Municipal Telecommunications Tax Act, impose a
10		monthly surcharge on billed subscribers of network connection
11		provided by telecommunication carriers engaged in the business
12		of transmitting messages by means of electricity originating
13		within the corporate limits of the municipality or county
14		imposing the surcharge at a rate per network connection
15		determined in accordance with subsection (c), however the
16		monthly surcharge shall not apply to a network connection
17		provided for use with pay telephone services. Provided,
18		however, that where multiple voice grade communications
19		channels are connected between the subscriber's premises and a
20		public switched network through private branch exchange (PBX)
21		or centrex type service, a municipality imposing a surcharge at
22		a rate per network connection, as determined in accordance with
23		this Act, shall impose:
24		(i) in a municipality with a population of 500,000 or
25		less or in any county, 5 such surcharges per network

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1		connection, as defined under Section 2 determined in
2		accordance with subsections (a) and (d) of Section 2.12 of
3		this Act, for both regular service and advanced service
4		provisioned trunk lines;
5		(ii) in a municipality with a population, prior to
6		March 1, 2010, of 500,000 or more, 5 surcharges per network
7		connection, as defined under Section 2 determined in
8		accordance with subsections (a) and (d) of Section 2.12 of
9		this Act, for both regular service and advanced service
10		provisioned trunk lines;
11		(iii) in a municipality with a population, as of March
12		1, 2010, of 500,000 or more, 5 surcharges per network
13		connection, as defined under Section 2 determined in
14		accordance with subsections (a) and (d) of Section 2.12 of
15		this Act, for regular service provisioned trunk lines, and
16		12 surcharges per network connection, as defined under
17		Section 2 determined in accordance with subsections (a) and
18		(d) of Section 2.12 of this Act, for advanced service
19		provisioned trunk lines, except where an advanced service
20		provisioned trunk line supports at least 2 but fewer than
21		23 simultaneous voice grade calls ("VGC's"), a
22		telecommunication carrier may elect to impose fewer than 12
23		surcharges per trunk line as provided in subsection (iv) of
24		this Section; or
25		(iv) for an advanced service provisioned trunk line
26		connected between the subscriber's premises and the public

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1		switched network through a P.B.X., where the advanced
2		service provisioned trunk line is capable of transporting
3		at least 2 but fewer than 23 simultaneous VGC's per trunk
4		line, the telecommunications carrier collecting the
5		surcharge may elect to impose surcharges in accordance with
6		the table provided in this Section, without limiting any
7		telecommunications carrier's obligations to otherwise keep
8		and maintain records. Any telecommunications carrier
9		electing to impose fewer than 12 surcharges per an advanced
10		service provisioned trunk line shall keep and maintain
11		records adequately to demonstrate the VGC capability of
12		each advanced service provisioned trunk line with fewer
13		than 12 surcharges imposed, provided that 12 surcharges
14		shall be imposed on an advanced service provisioned trunk
15		line regardless of the VGC capability where a
16		telecommunications carrier cannot demonstrate the VGC
17		capability of the advanced service provisioned trunk line.
18 Facility VGC's 911 Surcharges 19 Advanced service provisioned trunk line 18-23 12 20 Advanced service provisioned trunk line 12-17 10 21 Advanced service provisioned trunk line 2-11 8
22		Subsections (i), (ii), (iii), and (iv) are not intended to
23		make any change in the meaning of this Section, but are
24		intended to remove possible ambiguity, thereby confirming the

HB1811 Enrolled - 41 - LRB100 08000 SMS 18081 b
1		intent of paragraph (a) as it existed prior to and following
2		the effective date of this amendatory Act of the 97th General
3		Assembly.
4		For mobile telecommunications services, if a surcharge is
5		imposed it shall be imposed based upon the municipality or
6		county that encompasses the customer's place of primary use as
7		defined in the Mobile Telecommunications Sourcing Conformity
8		Act. A municipality may enter into an intergovernmental
9		agreement with any county in which it is partially located,
10		when the county has adopted an ordinance to impose a surcharge
11		as provided in subsection (c), to include that portion of the
12		municipality lying outside the county in that county's
13		surcharge referendum. If the county's surcharge referendum is
14		approved, the portion of the municipality identified in the
15		intergovernmental agreement shall automatically be
16		disconnected from the county in which it lies and connected to
17		the county which approved the referendum for purposes of a
18		surcharge on telecommunications carriers.
19		(b) For purposes of computing the surcharge imposed by
20		subsection (a), the network connections to which the surcharge
21		shall apply shall be those in-service network connections,
22		other than those network connections assigned to the
23		municipality or county, where the service address for each such
24		network connection or connections is located within the
25		corporate limits of the municipality or county levying the
26		surcharge. Except for mobile telecommunication services, the

HB1811 Enrolled - 42 - LRB100 08000 SMS 18081 b
1		"service address" shall mean the location of the primary use of
2		the network connection or connections. For mobile
3		telecommunication services, "service address" means the
4		customer's place of primary use as defined in the Mobile
5		Telecommunications Sourcing Conformity Act.
6		(c) Upon the passage of an ordinance to impose a surcharge
7		under this Section the clerk of the municipality or county
8		shall certify the question of whether the surcharge may be
9		imposed to the proper election authority who shall submit the
10		public question to the electors of the municipality or county
11		in accordance with the general election law; provided that such
12		question shall not be submitted at a consolidated primary
13		election. The public question shall be in substantially the
14		following form:
15		-------------------------------------------------------------
16		Shall the county (or city, village
17		or incorporated town) of ..... impose YES
18		a surcharge of up to ...¢ per month per
19		network connection, which surcharge will
20		be added to the monthly bill you receive ------------------
21		for telephone or telecommunications
22		charges, for the purpose of installing
23		(or improving) a 9-1-1 Emergency NO
24		Telephone System?
25		-------------------------------------------------------------
26		If a majority of the votes cast upon the public question

HB1811 Enrolled - 43 - LRB100 08000 SMS 18081 b
1		are in favor thereof, the surcharge shall be imposed.
2		However, if a Joint Emergency Telephone System Board is to
3		be created pursuant to an intergovernmental agreement under
4		Section 15.4, the ordinance to impose the surcharge shall be
5		subject to the approval of a majority of the total number of
6		votes cast upon the public question by the electors of all of
7		the municipalities or counties, or combination thereof, that
8		are parties to the intergovernmental agreement.
9		The referendum requirement of this subsection (c) shall not
10		apply to any municipality with a population over 500,000 or to
11		any county in which a proposition as to whether a sophisticated
12		9-1-1 Emergency Telephone System should be installed in the
13		county, at a cost not to exceed a specified monthly amount per
14		network connection, has previously been approved by a majority
15		of the electors of the county voting on the proposition at an
16		election conducted before the effective date of this amendatory
17		Act of 1987.
18		(d) A county may not impose a surcharge, unless requested
19		by a municipality, in any incorporated area which has
20		previously approved a surcharge as provided in subsection (c)
21		or in any incorporated area where the corporate authorities of
22		the municipality have previously entered into a binding
23		contract or letter of intent with a telecommunications carrier
24		to provide sophisticated 9-1-1 service through municipal
25		funds.
26		(e) A municipality or county may at any time by ordinance

HB1811 Enrolled - 44 - LRB100 08000 SMS 18081 b
1		change the rate of the surcharge imposed under this Section if
2		the new rate does not exceed the rate specified in the
3		referendum held pursuant to subsection (c).
4		(f) The surcharge authorized by this Section shall be
5		collected from the subscriber by the telecommunications
6		carrier providing the subscriber the network connection as a
7		separately stated item on the subscriber's bill.
8		(g) The amount of surcharge collected by the
9		telecommunications carrier shall be paid to the particular
10		municipality or county or Joint Emergency Telephone System
11		Board not later than 30 days after the surcharge is collected,
12		net of any network or other 9-1-1 or sophisticated 9-1-1 system
13		charges then due the particular telecommunications carrier, as
14		shown on an itemized bill. The telecommunications carrier
15		collecting the surcharge shall also be entitled to deduct 3% of
16		the gross amount of surcharge collected to reimburse the
17		telecommunications carrier for the expense of accounting and
18		collecting the surcharge.
19		(h) Except as expressly provided in subsection (a) of this
20		Section, on or after the effective date of this amendatory Act
21		of the 98th General Assembly and until December 31, 2017, July
22		1, 2017, a municipality with a population of 500,000 or more
23		shall not impose a monthly surcharge per network connection in
24		excess of the highest monthly surcharge imposed as of January
25		1, 2014 by any county or municipality under subsection (c) of
26		this Section. Beginning January 1, 2018 and until December 31,

HB1811 Enrolled - 45 - LRB100 08000 SMS 18081 b
1		2020, a municipality with a population over 500,000 may not
2		impose a monthly surcharge in excess of $5.00 per network
3		connection. On or after January 1, 2021, July 1, 2017, a
4		municipality with a population over 500,000 may not impose a
5		monthly surcharge in excess of $2.50 per network connection.
6		(i) Any municipality or county or joint emergency telephone
7		system board that has imposed a surcharge pursuant to this
8		Section prior to the effective date of this amendatory Act of
9		1990 shall hereafter impose the surcharge in accordance with
10		subsection (b) of this Section.
11		(j) The corporate authorities of any municipality or county
12		may issue, in accordance with Illinois law, bonds, notes or
13		other obligations secured in whole or in part by the proceeds
14		of the surcharge described in this Section. The State of
15		Illinois pledges and agrees that it will not limit or alter the
16		rights and powers vested in municipalities and counties by this
17		Section to impose the surcharge so as to impair the terms of or
18		affect the security for bonds, notes or other obligations
19		secured in whole or in part with the proceeds of the surcharge
20		described in this Section. The pledge and agreement set forth
21		in this Section survive the termination of the surcharge under
22		subsection (l) by virtue of the replacement of the surcharge
23		monies guaranteed under Section 20; the State of Illinois
24		pledges and agrees that it will not limit or alter the rights
25		vested in municipalities and counties to the surcharge
26		replacement funds guaranteed under Section 20 so as to impair

HB1811 Enrolled - 46 - LRB100 08000 SMS 18081 b
1		the terms of or affect the security for bonds, notes or other
2		obligations secured in whole or in part with the proceeds of
3		the surcharge described in this Section.
4		(k) Any surcharge collected by or imposed on a
5		telecommunications carrier pursuant to this Section shall be
6		held to be a special fund in trust for the municipality, county
7		or Joint Emergency Telephone Board imposing the surcharge.
8		Except for the 3% deduction provided in subsection (g) above,
9		the special fund shall not be subject to the claims of
10		creditors of the telecommunication carrier.
11		(l) On and after the effective date of this amendatory Act
12		of the 99th General Assembly, no county or municipality, other
13		than a municipality with a population over 500,000, may impose
14		a monthly surcharge under this Section in excess of the amount
15		imposed by it on the effective date of this Act. Any surcharge
16		imposed pursuant to this Section by a county or municipality,
17		other than a municipality with a population in excess of
18		500,000, shall cease to be imposed on January 1, 2016.
19		(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
20		(50 ILCS 750/15.3a)
21		Sec. 15.3a. Local wireless surcharge.
22		(a) Notwithstanding any other provision of this Act, a unit
23		of local government or emergency telephone system board
24		providing wireless 9-1-1 service and imposing and collecting a
25		wireless carrier surcharge prior to July 1, 1998 may continue

HB1811 Enrolled - 47 - LRB100 08000 SMS 18081 b
1		its practices of imposing and collecting its wireless carrier
2		surcharge, but, except as provided in subsection (b) of this
3		Section, in no event shall that monthly surcharge exceed $2.50
4		per commercial mobile radio service (CMRS) connection or
5		in-service telephone number billed on a monthly basis. For
6		mobile telecommunications services provided on and after
7		August 1, 2002, any surcharge imposed shall be imposed based
8		upon the municipality or county that encompasses the customer's
9		place of primary use as defined in the Mobile
10		Telecommunications Sourcing Conformity Act.
11		(b) Until December 31, 2017, July 1, 2017, the corporate
12		authorities of a municipality with a population in excess of
13		500,000 on the effective date of this amendatory Act of the
14		99th General Assembly may by ordinance continue to impose and
15		collect a monthly surcharge per commercial mobile radio service
16		(CMRS) connection or in-service telephone number billed on a
17		monthly basis that does not exceed the highest monthly
18		surcharge imposed as of January 1, 2014 by any county or
19		municipality under subsection (c) of Section 15.3 of this Act.
20		Beginning January 1, 2018, and until December 31, 2020, a
21		municipality with a population in excess of 500,000 may by
22		ordinance continue to impose and collect a monthly surcharge
23		per commercial mobile radio service (CMRS) connection or
24		in-service telephone number billed on a monthly basis that does
25		not exceed $5.00. On or after January 1, 2021, July 1, 2017,
26		the municipality may continue imposing and collecting its

HB1811 Enrolled - 48 - LRB100 08000 SMS 18081 b
1		wireless carrier surcharge as provided in and subject to the
2		limitations of subsection (a) of this Section.
3		(c) In addition to any other lawful purpose, a municipality
4		with a population over 500,000 may use the moneys collected
5		under this Section for any anti-terrorism or emergency
6		preparedness measures, including, but not limited to,
7		preparedness planning, providing local matching funds for
8		federal or State grants, personnel training, and specialized
9		equipment, including surveillance cameras, as needed to deal
10		with natural and terrorist-inspired emergency situations or
11		events.
12		(Source: P.A. 99-6, eff. 1-1-16.)
13		(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
14		Sec. 15.4. Emergency Telephone System Board; powers.
15		(a) Except as provided in subsection (e) of this Section,
16		the corporate authorities of any county or municipality may
17		establish an Emergency Telephone System Board.
18		The corporate authorities shall provide for the manner of
19		appointment and the number of members of the Board, provided
20		that the board shall consist of not fewer than 5 members, one
21		of whom must be a public member who is a resident of the local
22		exchange service territory included in the 9-1-1 coverage area,
23		one of whom (in counties with a population less than 100,000)
24		may be a member of the county board, and at least 3 of whom
25		shall be representative of the 9-1-1 public safety agencies,

HB1811 Enrolled - 49 - LRB100 08000 SMS 18081 b
1		including but not limited to police departments, fire
2		departments, emergency medical services providers, and
3		emergency services and disaster agencies, and appointed on the
4		basis of their ability or experience. In counties with a
5		population of more than 100,000 but less than 2,000,000, a
6		member of the county board may serve on the Emergency Telephone
7		System Board. Elected officials, including members of a county
8		board, are also eligible to serve on the board. Members of the
9		board shall serve without compensation but shall be reimbursed
10		for their actual and necessary expenses. Any 2 or more
11		municipalities, counties, or combination thereof, may, instead
12		of establishing individual boards, establish by
13		intergovernmental agreement a Joint Emergency Telephone System
14		Board pursuant to this Section. The manner of appointment of
15		such a joint board shall be prescribed in the agreement. On or
16		after the effective date of this amendatory Act of the 100th
17		General Assembly, any new intergovernmental agreement entered
18		into to establish or join a Joint Emergency Telephone System
19		Board shall provide for the appointment of a PSAP
20		representative to the board.
21		Upon the effective date of this amendatory Act of the 98th
22		General Assembly, appointed members of the Emergency Telephone
23		System Board shall serve staggered 3-year terms if: (1) the
24		Board serves a county with a population of 100,000 or less; and
25		(2) appointments, on the effective date of this amendatory Act
26		of the 98th General Assembly, are not for a stated term. The

HB1811 Enrolled - 50 - LRB100 08000 SMS 18081 b
1		corporate authorities of the county or municipality shall
2		assign terms to the board members serving on the effective date
3		of this amendatory Act of the 98th General Assembly in the
4		following manner: (1) one-third of board members' terms shall
5		expire on January 1, 2015; (2) one-third of board members'
6		terms shall expire on January 1, 2016; and (3) remaining board
7		members' terms shall expire on January 1, 2017. Board members
8		may be re-appointed upon the expiration of their terms by the
9		corporate authorities of the county or municipality.
10		The corporate authorities of a county or municipality may,
11		by a vote of the majority of the members elected, remove an
12		Emergency Telephone System Board member for misconduct,
13		official misconduct, or neglect of office.
14		(b) The powers and duties of the board shall be defined by
15		ordinance of the municipality or county, or by
16		intergovernmental agreement in the case of a joint board. The
17		powers and duties shall include, but need not be limited to the
18		following:
19		(1) Planning a 9-1-1 system.
20		(2) Coordinating and supervising the implementation,
21		upgrading, or maintenance of the system, including the
22		establishment of equipment specifications and coding
23		systems.
24		(3) Receiving moneys from the surcharge imposed under
25		Section 15.3, or disbursed to it under Section 30, and from
26		any other source, for deposit into the Emergency Telephone

HB1811 Enrolled - 51 - LRB100 08000 SMS 18081 b
1		System Fund.
2		(4) Authorizing all disbursements from the fund.
3		(5) Hiring any staff necessary for the implementation
4		or upgrade of the system.
5		(6) (Blank).
6		(c) All moneys received by a board pursuant to a surcharge
7		imposed under Section 15.3, or disbursed to it under Section
8		30, shall be deposited into a separate interest-bearing
9		Emergency Telephone System Fund account. The treasurer of the
10		municipality or county that has established the board or, in
11		the case of a joint board, any municipal or county treasurer
12		designated in the intergovernmental agreement, shall be
13		custodian of the fund. All interest accruing on the fund shall
14		remain in the fund. No expenditures may be made from such fund
15		except upon the direction of the board by resolution passed by
16		a majority of all members of the board.
17		(d) The board shall complete a Master Street Address Guide
18		database before implementation of the 9-1-1 system. The error
19		ratio of the database shall not at any time exceed 1% of the
20		total database.
21		(e) On and after January 1, 2016, no municipality or county
22		may create an Emergency Telephone System Board unless the board
23		is a Joint Emergency Telephone System Board. The corporate
24		authorities of any county or municipality entering into an
25		intergovernmental agreement to create or join a Joint Emergency
26		Telephone System Board shall rescind an the ordinance or

HB1811 Enrolled - 52 - LRB100 08000 SMS 18081 b
1		ordinances creating a single the original Emergency Telephone
2		System Board and shall eliminate the single Emergency Telephone
3		System Board, effective upon the creation of the Joint
4		Emergency Telephone System Board, with regulatory approval by
5		the Administrator, or joining of the Joint Emergency Telephone
6		System Board. Nothing in this Section shall be construed to
7		require the dissolution of an Emergency Telephone System Board
8		that is not succeeded by a Joint Emergency Telephone System
9		Board or is not required to consolidate under Section 15.4a of
10		this Act.
11		(f) Within one year after the effective date of this
12		amendatory Act of the 100th General Assembly, any corporate
13		authorities of a county or municipality, other than a
14		municipality with a population of more than 500,000, operating
15		a 9-1-1 system without an Emergency Telephone System Board or
16		Joint Emergency Telephone System Board shall create or join a
17		Joint Emergency Telephone System Board.
18		(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.)
19		(50 ILCS 750/15.4a)
20		Sec. 15.4a. Consolidation.
21		(a) By July 1, 2017, and except as otherwise provided in
22		this Section, Emergency Telephone System Boards, Joint
23		Emergency Telephone System Boards, qualified governmental
24		entities, and PSAPs shall be consolidated as follows, subject
25		to subsections (b) and (c) of this Section:

HB1811 Enrolled - 53 - LRB100 08000 SMS 18081 b
1		(1) In any county with a population of at least 250,000
2		that has a single Emergency Telephone System Board, or
3		qualified governmental entity and more than 2 PSAPs, shall
4		reduce the number of PSAPs by at least 50% or to 2 PSAPs,
5		whichever is greater. Nothing in this paragraph shall
6		preclude consolidation resulting in one PSAP in the county.
7		(2) In any county with a population of at least 250,000
8		that has more than one Emergency Telephone System Board,
9		Joint Emergency Telephone System Board, or qualified
10		governmental entity, any 9-1-1 Authority serving a
11		population of less than 25,000 shall be consolidated such
12		that no 9-1-1 Authority in the county serves a population
13		of less than 25,000.
14		(3) In any county with a population of at least 250,000
15		but less than 1,000,000 that has more than one Emergency
16		Telephone System Board, Joint Emergency Telephone System
17		Board, or qualified governmental entity, each 9-1-1
18		Authority shall reduce the number of PSAPs by at least 50%
19		or to 2 PSAPs, whichever is greater. Nothing in this
20		paragraph shall preclude consolidation of a 9-1-1
21		Authority into a Joint Emergency Telephone System Board,
22		and nothing in this paragraph shall preclude consolidation
23		resulting in one PSAP in the county.
24		(4) In any county with a population of less than
25		250,000 that has a single Emergency Telephone System Board
26		or qualified governmental entity and more than 2 PSAPs, the

HB1811 Enrolled - 54 - LRB100 08000 SMS 18081 b
1		9-1-1 Authority shall reduce the number of PSAPs by at
2		least 50% or to 2 PSAPs, whichever is greater. Nothing in
3		this paragraph shall preclude consolidation resulting in
4		one PSAP in the county.
5		(5) In any county with a population of less than
6		250,000 that has more than one Emergency Telephone System
7		Board, Joint Emergency Telephone System Board, or
8		qualified governmental entity and more than 2 PSAPS, the
9		9-1-1 Authorities shall be consolidated into a single joint
10		board, and the number of PSAPs shall be reduced by at least
11		50% or to 2 PSAPs, whichever is greater. Nothing in this
12		paragraph shall preclude consolidation resulting in one
13		PSAP in the county.
14		(6) Any 9-1-1 Authority that does not have a PSAP
15		within its jurisdiction shall be consolidated through an
16		intergovernmental agreement with an existing 9-1-1
17		Authority that has a PSAP to create a Joint Emergency
18		Telephone Board.
19		(7) The corporate authorities of each county that has
20		no 9-1-1 service as of January 1, 2016 shall provide
21		enhanced 9-1-1 wireline and wireless enhanced 9-1-1
22		service for that county by either (i) entering into an
23		intergovernmental agreement with an existing Emergency
24		Telephone System Board to create a new Joint Emergency
25		Telephone System Board, or (ii) entering into an
26		intergovernmental agreement with the corporate authorities

HB1811 Enrolled - 55 - LRB100 08000 SMS 18081 b
1		that have created an existing Joint Emergency Telephone
2		System Board.
3		(b) By July 1, 2016, each county required to consolidate
4		pursuant to paragraph (7) of subsection (a) of this Section and
5		each 9-1-1 Authority required to consolidate pursuant to
6		paragraphs (1) through (6) of subsection (a) of this Section
7		shall file a plan for consolidation or a request for a waiver
8		pursuant to subsection (c) of this Section with the Office
9		Division of the Statewide 9-1-1 Administrator.
10		(1) No county or 9-1-1 Authority may avoid the
11		requirements of this Section by converting primary PSAPs to
12		secondary or virtual answering points. Any county or 9-1-1
13		Authority not in compliance with this Section shall be
14		ineligible to receive consolidation grant funds issued
15		under Section 15.4b of this Act or monthly disbursements
16		otherwise due under Section 30 of this Act, until the
17		county or 9-1-1 Authority is in compliance.
18		(2) Within 60 calendar days of receiving a
19		consolidation plan, the Statewide 9-1-1 Advisory Board
20		shall hold at least one public hearing on the plan and
21		provide a recommendation to the Administrator. Notice of
22		the hearing shall be provided to the respective entity to
23		which the plan applies.
24		(3) Within 90 calendar days of receiving a
25		consolidation plan, the Administrator shall approve the
26		plan, approve the plan as modified, or grant a waiver

HB1811 Enrolled - 56 - LRB100 08000 SMS 18081 b
1		pursuant to subsection (c) of this Section. In making his
2		or her decision, the Administrator shall consider any
3		recommendation from the Statewide 9-1-1 Advisory Board
4		regarding the plan. If the Administrator does not follow
5		the recommendation of the Board, the Administrator shall
6		provide a written explanation for the deviation in his or
7		her decision.
8		(4) The deadlines provided in this subsection may be
9		extended upon agreement between the Administrator and
10		entity which submitted the plan.
11		(c) A waiver from a consolidation required under subsection
12		(a) of this Section may be granted if the Administrator finds
13		that the consolidation will result in a substantial threat to
14		public safety, is economically unreasonable, or is technically
15		infeasible.
16		(d) Any decision of the Administrator under this Section
17		shall be deemed a final administrative decision and shall be
18		subject to judicial review under the Administrative Review Law.
19		(Source: P.A. 99-6, eff. 1-1-16.)
20		(50 ILCS 750/15.4b)
21		Sec. 15.4b. Consolidation grants.
22		(a) The Administrator, with the advice and recommendation
23		of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
24		System Consolidation Grant Program to defray costs associated
25		with 9-1-1 system consolidation of systems outside of a

HB1811 Enrolled - 57 - LRB100 08000 SMS 18081 b
1		municipality with a population in excess of 500,000. The
2		awarded grants will be used to offset non-recurring costs
3		associated with the consolidation of 9-1-1 systems and shall
4		not be used for ongoing operating costs associated with the
5		consolidated system. The Department, in consultation with the
6		Administrator and the Statewide 9-1-1 Advisory Board, shall
7		adopt rules defining the grant process and criteria for issuing
8		the grants. The grants should be awarded based on criteria that
9		include, but are not limited to:
10		(1) reducing the number of transfers of a 9-1-1 call;
11		(2) reducing the infrastructure required to adequately
12		provide 9-1-1 network services;
13		(3) promoting cost savings from resource sharing among
14		9-1-1 systems;
15		(4) facilitating interoperability and resiliency for
16		the receipt of 9-1-1 calls;
17		(5) reducing the number of 9-1-1 systems or reducing
18		the number of PSAPs within a 9-1-1 system;
19		(6) cost saving resulting from 9-1-1 system
20		consolidation; and
21		(7) expanding E9-1-1 service coverage as a result of
22		9-1-1 system consolidation including to areas without
23		E9-1-1 service.
24		Priority shall be given first to counties not providing
25		9-1-1 service as of January 1, 2016, and next to other entities
26		consolidating as required under Section 15.4a of this Act.

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1		(b) The 9-1-1 System Consolidation Grant application, as
2		defined by Department rules, shall be submitted electronically
3		to the Administrator starting January 2, 2016, and every
4		January 2 thereafter. The application shall include a modified
5		9-1-1 system plan as required by this Act in support of the
6		consolidation plan. The Administrator shall have until June 30,
7		2016 and every June 30 thereafter to approve 9-1-1 System
8		Consolidation grants and modified 9-1-1 system plans. Payment
9		under the approved 9-1-1 System Consolidation grants shall be
10		contingent upon the final approval of a modified 9-1-1 system
11		plan.
12		(c) Existing and previously completed consolidation
13		projects shall be eligible to apply for reimbursement of costs
14		related to the consolidation incurred between 2010 and the
15		State fiscal year of the application.
16		(d) The 9-1-1 systems that receive grants under this
17		Section shall provide a report detailing grant fund usage to
18		the Administrator pursuant to Section 40 of this Act.
19		(Source: P.A. 99-6, eff. 1-1-16.)
20		(50 ILCS 750/15.5)
21		Sec. 15.5. Private residential switch service 9-1-1
22		service.
23		(a) After June 30, 1995, an entity that provides or
24		operates private residential switch service and provides
25		telecommunications facilities or services to residents shall

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1		provide to those residential end users the same level of 9-1-1
2		service as the public agency and the telecommunications carrier
3		are providing to other residential end users of the local 9-1-1
4		system. This service shall include, but not be limited to, the
5		capability to identify the telephone number, extension number,
6		and the physical location that is the source of the call to the
7		number designated as the emergency telephone number.
8		(b) The private residential switch operator is responsible
9		for forwarding end user automatic location identification
10		record information to the 9-1-1 system provider according to
11		the format, frequency, and procedures established by that
12		system provider.
13		(c) This Act does not apply to any PBX telephone extension
14		that uses radio transmissions to convey electrical signals
15		directly between the telephone extension and the serving PBX.
16		(d) An entity that violates this Section is guilty of a
17		business offense and shall be fined not less than $1,000 and
18		not more than $5,000.
19		(e) Nothing in this Section shall be construed to preclude
20		the Attorney General on behalf of the Department or on his or
21		her own initiative, or any other interested person, from
22		seeking judicial relief, by mandamus, injunction, or
23		otherwise, to compel compliance with this Section.
24		(Source: P.A. 99-6, eff. 1-1-16.)
25		(50 ILCS 750/15.6)

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1		Sec. 15.6. Enhanced 9-1-1 service; business service.
2		(a) After June 30, 2000, or within 18 months after enhanced
3		9-1-1 service becomes available, any entity that installs or
4		operates a private business switch service and provides
5		telecommunications facilities or services to businesses shall
6		assure that the system is connected to the public switched
7		network in a manner that calls to 9-1-1 result in automatic
8		number and location identification. For buildings having their
9		own street address and containing workspace of 40,000 square
10		feet or less, location identification shall include the
11		building's street address. For buildings having their own
12		street address and containing workspace of more than 40,000
13		square feet, location identification shall include the
14		building's street address and one distinct location
15		identification per 40,000 square feet of workspace. Separate
16		buildings containing workspace of 40,000 square feet or less
17		having a common public street address shall have a distinct
18		location identification for each building in addition to the
19		street address.
20		(b) Exemptions. Buildings containing workspace of more
21		than 40,000 square feet are exempt from the multiple location
22		identification requirements of subsection (a) if the building
23		maintains, at all times, alternative and adequate means of
24		signaling and responding to emergencies. Those means shall
25		include, but not be limited to, a telephone system that
26		provides the physical location of 9-1-1 calls coming from

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1		within the building. Health care facilities are presumed to
2		meet the requirements of this paragraph if the facilities are
3		staffed with medical or nursing personnel 24 hours per day and
4		if an alternative means of providing information about the
5		source of an emergency call exists. Buildings under this
6		exemption must provide 9-1-1 service that provides the
7		building's street address.
8		Buildings containing workspace of more than 40,000 square
9		feet are exempt from subsection (a) if the building maintains,
10		at all times, alternative and adequate means of signaling and
11		responding to emergencies, including a telephone system that
12		provides the location of a 9-1-1 call coming from within the
13		building, and the building is serviced by its own medical, fire
14		and security personnel. Buildings under this exemption are
15		subject to emergency phone system certification by the
16		Administrator.
17		Buildings in communities not serviced by enhanced 9-1-1
18		service are exempt from subsection (a).
19		Correctional institutions and facilities, as defined in
20		subsection (d) of Section 3-1-2 of the Unified Code of
21		Corrections, are exempt from subsection (a).
22		(c) This Act does not apply to any PBX telephone extension
23		that uses radio transmissions to convey electrical signals
24		directly between the telephone extension and the serving PBX.
25		(d) An entity that violates this Section is guilty of a
26		business offense and shall be fined not less than $1,000 and

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1		not more than $5,000.
2		(e) Nothing in this Section shall be construed to preclude
3		the Attorney General on behalf of the Department or on his or
4		her own initiative, or any other interested person, from
5		seeking judicial relief, by mandamus, injunction, or
6		otherwise, to compel compliance with this Section.
7		(f) The Department may promulgate rules for the
8		administration of this Section.
9		(Source: P.A. 99-6, eff. 1-1-16.)
10		(50 ILCS 750/15.6a)
11		Sec. 15.6a. Wireless emergency 9-1-1 service.
12		(a) The digits "9-1-1" shall be the designated emergency
13		telephone number within the wireless system.
14		(b) The Department may set non-discriminatory and uniform
15		technical and operational standards consistent with the rules
16		of the Federal Communications Commission for directing calls to
17		authorized public safety answering points. These standards
18		shall not in any way prescribe the technology or manner a
19		wireless carrier shall use to deliver wireless 9-1-1 or
20		wireless E9-1-1 calls, and these standards shall not exceed the
21		requirements set by the Federal Communications Commission;
22		however, standards for directing calls to the authorized public
23		safety answering point shall be included. The authority given
24		to the Department in this Section is limited to setting
25		standards as set forth herein and does not constitute authority

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1		to regulate wireless carriers.
2		(c) For the purpose of providing wireless 9-1-1 emergency
3		services, an emergency telephone system board or, in the
4		absence of an emergency telephone system board, a qualified
5		governmental entity, may declare its intention for one or more
6		of its public safety answering points to serve as a primary
7		wireless 9-1-1 public safety answering point for its
8		jurisdiction by notifying the Administrator in writing within 6
9		months after receiving its authority to operate a 9-1-1 system
10		under this Act. In addition, 2 or more emergency telephone
11		system boards or qualified governmental entities may, by virtue
12		of an intergovernmental agreement, provide wireless 9-1-1
13		service. Until the jurisdiction comes into compliance with
14		Section 15.4a of this Act, the The Department of State Police
15		shall be the primary wireless 9-1-1 public safety answering
16		point for any jurisdiction that did not provide notice to the
17		Illinois Commerce Commission and the Department prior to
18		January 1, 2016.
19		(d) The Administrator, upon a request from a qualified
20		governmental entity or an emergency telephone system board and
21		with the advice and recommendation of the Statewide 9-1-1
22		Advisory Board, may grant authority to the emergency telephone
23		system board or a qualified governmental entity to provide
24		wireless 9-1-1 service in areas for which the Department has
25		accepted wireless 9-1-1 responsibility. The Administrator
26		shall maintain a current list of all 9-1-1 systems and

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1		qualified governmental entities providing wireless 9-1-1
2		service under this Act.
3		(Source: P.A. 99-6, eff. 1-1-16.)
4		(50 ILCS 750/15.6b)
5		Sec. 15.6b. Next Generation 9-1-1 service.
6		(a) The Administrator, with the advice and recommendation
7		of the Statewide 9-1-1 Advisory Board, shall develop and
8		implement a plan for a statewide Next Generation 9-1-1 network.
9		The Next Generation 9-1-1 network must be an Internet
10		protocol-based platform that at a minimum provides:
11		(1) improved 9-1-1 call delivery;
12		(2) enhanced interoperability;
13		(3) increased ease of communication between 9-1-1
14		service providers, allowing immediate transfer of 9-1-1
15		calls, caller information, photos, and other data
16		statewide;
17		(4) a hosted solution with redundancy built in; and
18		(5) compliance with NENA Standards i3 Solution 08-003.
19		(b) By July 1, 2016, the Administrator, with the advice and
20		recommendation of the Statewide 9-1-1 Advisory Board, shall
21		design and issue a competitive request for a proposal to secure
22		the services of a consultant to complete a feasibility study on
23		the implementation of a statewide Next Generation 9-1-1 network
24		in Illinois. By July 1, 2017, the consultant shall complete the
25		feasibility study and make recommendations as to the

HB1811 Enrolled - 65 - LRB100 08000 SMS 18081 b
1		appropriate procurement approach for developing a statewide
2		Next Generation 9-1-1 network.
3		(c) Within 12 months of the final report from the
4		consultant under subsection (b) of this Section, the Department
5		shall procure and finalize a contract with a vendor certified
6		under Section 13-900 of the Public Utilities Act to establish a
7		statewide Next Generation 9-1-1 network. By July 1, 2020, the
8		vendor shall implement a Next Generation 9-1-1 network that
9		allows 9-1-1 systems providing 9-1-1 service to Illinois
10		residents to access the system utilizing their current
11		infrastructure if it meets the standards adopted by the
12		Department.
13		(Source: P.A. 99-6, eff. 1-1-16.)
14		(50 ILCS 750/15.7)
15		Sec. 15.7. Compliance with certification of 9-1-1 system
16		providers by the Illinois Commerce Commission. In addition to
17		the requirements of this Act, all 9-1-1 system providers must
18		comply with the requirements of Section 13-900 of the Public
19		Utilities Act.
20		(Source: P.A. 99-6, eff. 1-1-16.)
21		(50 ILCS 750/15.8)
22		Sec. 15.8. 9-1-1 dialing from a business.
23		(a) Any entity that installs or operates a private business
24		switch service and provides telecommunications facilities or

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1		services to businesses shall ensure that all systems installed
2		on or after July 1, 2015 (the effective date of Public Act
3		98-875) are connected to the public switched network in a
4		manner such that when a user dials "9-1-1", the emergency call
5		connects to the 9-1-1 system without first dialing any number
6		or set of numbers.
7		(b) The requirements of this Section do not apply to:
8		(1) any entity certified by the Illinois Commerce
9		Commission to operate a Private Emergency Answering Point
10		as defined in 83 Ill. Adm. Code 726.105; or
11		(2) correctional institutions and facilities as
12		defined in subsection (d) of Section 3-1-2 of the Unified
13		Code of Corrections.
14		(c) An entity that violates this Section is guilty of a
15		business offense and shall be fined not less than $1,000 and
16		not more than $5,000.
17		(Source: P.A. 98-875, eff. 7-1-15; 99-6, eff. 1-1-16.)
18		(50 ILCS 750/16) (from Ch. 134, par. 46)
19		Sec. 16. This Act takes effect July 1, 1975.
20		(Source: P.A. 79-1092.)
21		(50 ILCS 750/17.5 new)
22		Sec. 17.5. 9-1-1 call transfer, forward, or relay.
23		(a) The General Assembly finds the following:
24		(1) Some 9-1-1 systems throughout this State do not

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1		have a procedure in place to manually transfer, forward, or
2		relay 9-1-1 calls originating within one 9-1-1 system's
3		jurisdiction, but which should properly be answered and
4		dispatched by another 9-1-1 system, to the appropriate
5		9-1-1 system for answering and dispatch of first
6		responders.
7		(2) On January 1, 2016, the General Assembly gave
8		oversight authority of 9-1-1 systems to the Department of
9		State Police.
10		(3) Since that date, the Department of State Police has
11		authorized individual 9-1-1 systems in counties and
12		municipalities to implement and upgrade enhanced 9-1-1
13		systems throughout the State.
14		(b) The Department shall prepare a directory of all
15		authorized 9-1-1 systems in the State. The directory shall
16		include an emergency 24/7 10-digit telephone number for all
17		primary public safety answering points located in each 9-1-1
18		system to which 9-1-1 calls from another jurisdiction can be
19		transferred. This directory shall be made available to each
20		9-1-1 authority for its use in establishing standard operating
21		procedures regarding calls outside its 9-1-1 jurisdiction.
22		(c) Each 9-1-1 system shall provide the Department with the
23		following information:
24		(1) The name of the PSAP, a list of every participating
25		agency, and the county the PSAP is in, including college
26		and university public safety entities.

HB1811 Enrolled - 68 - LRB100 08000 SMS 18081 b
1		(2) The 24/7 10-digit emergency telephone number and
2		email address for the dispatch agency to which 9-1-1 calls
3		originating in another 9-1-1 jurisdiction can be
4		transferred or by which the PSAP can be contacted via email
5		to exchange information. Each 9-1-1 system shall provide
6		the Department with any changes to the participating
7		agencies and this number and email address immediately upon
8		the change occurring. Each 9-1-1 system shall provide the
9		PSAP information, the 24/7 10-digit emergency telephone
10		number and email address to the Manager of the Department's
11		9-1-1 Program within 30 days of the effective date of this
12		amendatory Act of the 100th General Assembly.
13		(3) The standard operating procedure describing the
14		manner in which the 9-1-1 system will transfer, forward, or
15		relay 9-1-1 calls originating within its jurisdiction, but
16		which should properly be answered and dispatched by another
17		9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1
18		system shall provide the standard operating procedures to
19		the Manager of the Department's 9-1-1 Program within 180
20		days after the effective date of this amendatory Act of the
21		100th General Assembly.
22		(50 ILCS 750/19)
23		Sec. 19. Statewide 9-1-1 Advisory Board.
24		(a) Beginning July 1, 2015, there is created the Statewide
25		9-1-1 Advisory Board within the Department of State Police. The

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1		Board shall consist of the following 11 voting members:
2		(1) The Director of the State Police, or his or her
3		designee, who shall serve as chairman.
4		(2) The Executive Director of the Commission, or his or
5		her designee.
6		(3) Nine members appointed by the Governor as follows:
7		(A) one member representing the Illinois chapter
8		of the National Emergency Number Association, or his or
9		her designee;
10		(B) one member representing the Illinois chapter
11		of the Association of Public-Safety Communications
12		Officials, or his or her designee;
13		(C) one member representing a county 9-1-1 system
14		from a county with a population of less than 50,000;
15		(D) one member representing a county 9-1-1 system
16		from a county with a population between 50,000 and
17		250,000;
18		(E) one member representing a county 9-1-1 system
19		from a county with a population of more than 250,000;
20		(F) one member representing a municipality with a
21		population of less than 500,000 in a county with a
22		population in excess of 2,000,000;
23		(G) one member representing the Illinois
24		Association of Chiefs of Police;
25		(H) one member representing the Illinois Sheriffs'
26		Association; and

HB1811 Enrolled - 70 - LRB100 08000 SMS 18081 b
1		(I) one member representing the Illinois Fire
2		Chiefs Association.
3		The Governor shall appoint the following non-voting
4		members: (i) one member representing an incumbent local
5		exchange 9-1-1 system provider; (ii) one member representing a
6		non-incumbent local exchange 9-1-1 system provider; (iii) one
7		member representing a large wireless carrier; (iv) one member
8		representing an incumbent local exchange a small wireless
9		carrier; and (v) one member representing the Illinois
10		Telecommunications Association; (vi) one member representing
11		the Cable Television and Communication Association of
12		Illinois; and (vii) one member representing the Illinois State
13		Ambulance Association. The Speaker of the House of
14		Representatives, the Minority Leader of the House of
15		Representatives, the President of the Senate, and the Minority
16		Leader of the Senate may each appoint a member of the General
17		Assembly to temporarily serve as a non-voting member of the
18		Board during the 12 months prior to the repeal date of this Act
19		to discuss legislative initiatives of the Board.
20		(b) The Governor shall make initial appointments to the
21		Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
22		voting members appointed by the Governor shall serve an initial
23		term of 2 years, and the remaining voting members appointed by
24		the Governor shall serve an initial term of 3 years.
25		Thereafter, each appointment by the Governor shall be for a
26		term of 3 years. Non-voting members shall serve for a term of 3

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1		years. Vacancies shall be filled in the same manner as the
2		original appointment. Persons appointed to fill a vacancy shall
3		serve for the balance of the unexpired term.
4		Members of the Statewide 9-1-1 Advisory Board shall serve
5		without compensation.
6		(c) The 9-1-1 Services Advisory Board, as constituted on
7		June 1, 2015 without the legislative members, shall serve in
8		the role of the Statewide 9-1-1 Advisory Board until all
9		appointments of voting members have been made by the Governor
10		under subsection (a) of this Section.
11		(d) The Statewide 9-1-1 Advisory Board shall:
12		(1) advise the Department of State Police and the
13		Statewide 9-1-1 Administrator on the oversight of 9-1-1
14		systems and the development and implementation of a uniform
15		statewide 9-1-1 system;
16		(2) make recommendations to the Governor and the
17		General Assembly regarding improvements to 9-1-1 services
18		throughout the State; and
19		(3) exercise all other powers and duties provided in
20		this Act.
21		(e) The Statewide 9-1-1 Advisory Board shall submit to the
22		General Assembly a report by March 1 of each year providing an
23		update on the transition to a statewide 9-1-1 system and
24		recommending any legislative action.
25		(f) The Department of State Police shall provide
26		administrative support to the Statewide 9-1-1 Advisory Board.

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1		(Source: P.A. 99-6, eff. 6-29-15.)
2		(50 ILCS 750/20)
3		Sec. 20. Statewide surcharge.
4		(a) On and after January 1, 2016, and except with respect
5		to those customers who are subject to surcharges as provided in
6		Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
7		be imposed on all customers of telecommunications carriers and
8		wireless carriers as follows:
9		(1) Each telecommunications carrier shall impose a
10		monthly surcharge of $0.87 per network connection;
11		provided, however, the monthly surcharge shall not apply to
12		a network connection provided for use with pay telephone
13		services. Where multiple voice grade communications
14		channels are connected between the subscriber's premises
15		and a public switched network through private branch
16		exchange (PBX), or centrex type service, or other multiple
17		voice grade communication channels facility, there shall
18		be imposed 5 such surcharges per network connection for
19		both regular service and advanced service provisioned
20		trunk lines. Until December 31, 2017, the surcharge shall
21		be $0.87 per network connection and on and after January 1,
22		2018, the surcharge shall be $1.50 per network connection.
23		(2) Each wireless carrier shall impose and collect a
24		monthly surcharge of $0.87 per CMRS connection that either
25		has a telephone number within an area code assigned to

HB1811 Enrolled - 73 - LRB100 08000 SMS 18081 b
1		Illinois by the North American Numbering Plan
2		Administrator or has a billing address in this State. Until
3		December 31, 2017, the surcharge shall be $0.87 per
4		connection and on and after January 1, 2018, the surcharge
5		shall be $1.50 per connection.
6		(b) State and local taxes shall not apply to the surcharges
7		imposed under this Section.
8		(c) The surcharges imposed by this Section shall be stated
9		as a separately stated item on subscriber bills.
10		(d) The telecommunications carrier collecting the
11		surcharge may deduct and retain an amount not to exceed shall
12		also be entitled to deduct 3% of the gross amount of surcharge
13		collected to reimburse the telecommunications carrier for the
14		expense of accounting and collecting the surcharge. On and
15		after July 1, 2022, the wireless carrier collecting a surcharge
16		under this Section may deduct and retain an amount not to
17		exceed shall be entitled to deduct up to 3% of the gross amount
18		of the surcharge collected to reimburse the wireless carrier
19		for the expense of accounting and collecting the surcharge.
20		(e) Surcharges imposed under this Section shall be
21		collected by the carriers and shall be remitted to the
22		Department, within 30 days of collection, remitted, either by
23		check or electronic funds transfer, by the end of the next
24		calendar month after the calendar month in which it was
25		collected to the Department for deposit into the Statewide
26		9-1-1 Fund. Carriers are not required to remit surcharge moneys

HB1811 Enrolled - 74 - LRB100 08000 SMS 18081 b
1		that are billed to subscribers but not yet collected.
2		The first remittance by wireless carriers shall include the
3		number of subscribers by zip code, and the 9-digit zip code if
4		currently being used or later implemented by the carrier, that
5		shall be the means by which the Department shall determine
6		distributions from the Statewide 9-1-1 Fund. This information
7		shall be updated at least once each year. Any carrier that
8		fails to provide the zip code information required under this
9		subsection (e) shall be subject to the penalty set forth in
10		subsection (g) of this Section.
11		(f) If, within 8 calendar 5 business days after it is due
12		under subsection (e) of this Section, a carrier does not remit
13		the surcharge or any portion thereof required under this
14		Section, then the surcharge or portion thereof shall be deemed
15		delinquent until paid in full, and the Department may impose a
16		penalty against the carrier in an amount equal to the greater
17		of:
18		(1) $25 for each month or portion of a month from the
19		time an amount becomes delinquent until the amount is paid
20		in full; or
21		(2) an amount equal to the product of 1% and the sum of
22		all delinquent amounts for each month or portion of a month
23		that the delinquent amounts remain unpaid.
24		A penalty imposed in accordance with this subsection (f)
25		for a portion of a month during which the carrier pays the
26		delinquent amount in full shall be prorated for each day of

HB1811 Enrolled - 75 - LRB100 08000 SMS 18081 b
1		that month that the delinquent amount was paid in full. Any
2		penalty imposed under this subsection (f) is in addition to the
3		amount of the delinquency and is in addition to any other
4		penalty imposed under this Section.
5		(g) If, within 8 calendar 5 business days after it is due,
6		a wireless carrier does not provide the number of subscribers
7		by zip code as required under subsection (e) of this Section,
8		then the report is deemed delinquent and the Department may
9		impose a penalty against the carrier in an amount equal to the
10		greater of:
11		(1) $25 for each month or portion of a month that the
12		report is delinquent; or
13		(2) an amount equal to the product of $0.01 and the
14		number of subscribers served by the carrier for each month
15		or portion of a month that the delinquent report is not
16		provided.
17		A penalty imposed in accordance with this subsection (g)
18		for a portion of a month during which the carrier provides the
19		number of subscribers by zip code as required under subsection
20		(e) of this Section shall be prorated for each day of that
21		month during which the carrier had not provided the number of
22		subscribers by zip code as required under subsection (e) of
23		this Section. Any penalty imposed under this subsection (g) is
24		in addition to any other penalty imposed under this Section.
25		(h) A penalty imposed and collected in accordance with
26		subsection (f) or (g) of this Section shall be deposited into

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1		the Statewide 9-1-1 Fund for distribution according to Section
2		30 of this Act.
3		(i) The Department may enforce the collection of any
4		delinquent amount and any penalty due and unpaid under this
5		Section by legal action or in any other manner by which the
6		collection of debts due the State of Illinois may be enforced
7		under the laws of this State. The Department may excuse the
8		payment of any penalty imposed under this Section if the
9		Administrator determines that the enforcement of this penalty
10		is unjust.
11		(j) Notwithstanding any provision of law to the contrary,
12		nothing shall impair the right of wireless carriers to recover
13		compliance costs for all emergency communications services
14		that are not reimbursed out of the Wireless Carrier
15		Reimbursement Fund directly from their wireless subscribers by
16		line-item charges on the wireless subscriber's bill. Those
17		compliance costs include all costs incurred by wireless
18		carriers in complying with local, State, and federal regulatory
19		or legislative mandates that require the transmission and
20		receipt of emergency communications to and from the general
21		public, including, but not limited to, E9-1-1.
22		(Source: P.A. 99-6, eff. 1-1-16.)
23		(50 ILCS 750/30)
24		Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
25		(a) A special fund in the State treasury known as the

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1		Wireless Service Emergency Fund shall be renamed the Statewide
2		9-1-1 Fund. Any appropriations made from the Wireless Service
3		Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
4		The Fund shall consist of the following:
5		(1) 9-1-1 wireless surcharges assessed under the
6		Wireless Emergency Telephone Safety Act.
7		(2) 9-1-1 surcharges assessed under Section 20 of this
8		Act.
9		(3) Prepaid wireless 9-1-1 surcharges assessed under
10		Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
11		(4) Any appropriations, grants, or gifts made to the
12		Fund.
13		(5) Any income from interest, premiums, gains, or other
14		earnings on moneys in the Fund.
15		(6) Money from any other source that is deposited in or
16		transferred to the Fund.
17		(b) Subject to appropriation and availability of funds, the
18		Department shall distribute the 9-1-1 surcharges monthly as
19		follows:
20		(1) From each surcharge collected and remitted under
21		Section 20 of this Act:
22		(A) $0.013 shall be distributed monthly in equal
23		amounts to each County Emergency Telephone System
24		Board or qualified governmental entity in counties
25		with a population under 100,000 according to the most
26		recent census data which is authorized to serve as a

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1		primary wireless 9-1-1 public safety answering point
2		for the county and to provide wireless 9-1-1 service as
3		prescribed by subsection (b) of Section 15.6a of this
4		Act, and which does provide such service.
5		(B) $0.033 shall be transferred by the Comptroller
6		at the direction of the Department to the Wireless
7		Carrier Reimbursement Fund until June 30, 2017; from
8		July 1, 2017 through June 30, 2018, $0.026 shall be
9		transferred; from July 1, 2018 through June 30, 2019,
10		$0.020 shall be transferred; from July 1, 2019, through
11		June 30, 2020, $0.013 shall be transferred; from July
12		1, 2020 through June 30, 2021, $0.007 will be
13		transferred; and after June 30, 2021, no transfer shall
14		be made to the Wireless Carrier Reimbursement Fund.
15		(C) Until December 31, 2017, $0.007 and on and
16		after January 1, 2018, $0.017 shall be used to cover
17		the Department's administrative costs.
18		(D) Beginning January 1, 2018, until June 30, 2020,
19		$0.12, and on and after July 1, 2020, $0.04 shall be
20		used to make monthly proportional grants to the
21		appropriate 9-1-1 Authority currently taking wireless
22		9-1-1 based upon the United States Postal Zip Code of
23		the billing addresses of subscribers wireless
24		carriers.
25		(E) Until June 30, 2020, $0.05 shall be used by the
26		Department for grants for NG9-1-1 expenses, with

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1		priority given to 9-1-1 Authorities that provide 9-1-1
2		service within the territory of a Large Electing
3		Provider as defined in Section 13-406.1 of the Public
4		Utilities Act.
5		(F) On and after July 1, 2020, $0.13 shall be used
6		for the implementation of and continuing expenses for
7		the Statewide NG9-1-1 system.
8		(2) After disbursements under paragraph (1) of this
9		subsection (b), all remaining funds in the Statewide 9-1-1
10		Fund shall be disbursed in the following priority order:
11		(A) The Fund shall will pay monthly to:
12		(i) the 9-1-1 Authorities that imposed
13		surcharges under Section 15.3 of this Act and were
14		required to report to the Illinois Commerce
15		Commission under Section 27 of the Wireless
16		Emergency Telephone Safety Act on October 1, 2014,
17		except a 9-1-1 Authority in a municipality with a
18		population in excess of 500,000, an amount equal to
19		the average monthly wireline and VoIP surcharge
20		revenue attributable to the most recent 12-month
21		period reported to the Department under that
22		Section for the October 1, 2014 filing, subject to
23		the power of the Department to investigate the
24		amount reported and adjust the number by order
25		under Article X of the Public Utilities Act, so
26		that the monthly amount paid under this item

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1		accurately reflects one-twelfth of the aggregate
2		wireline and VoIP surcharge revenue properly
3		attributable to the most recent 12-month period
4		reported to the Commission; or
5		(ii) county qualified governmental entities
6		that did not impose a surcharge under Section 15.3
7		as of December 31, 2015, and counties that did not
8		impose a surcharge as of June 30, 2015, an amount
9		equivalent to their population multiplied by .37
10		multiplied by the rate of $0.69; counties that are
11		not county qualified governmental entities and
12		that did not impose a surcharge as of December 31,
13		2015, shall not begin to receive the payment
14		provided for in this subsection until E9-1-1 and
15		wireless E9-1-1 services are provided within their
16		counties; or
17		(iii) counties without 9-1-1 service that had
18		a surcharge in place by December 31, 2015, an
19		amount equivalent to their population multiplied
20		by .37 multiplied by their surcharge rate as
21		established by the referendum.
22		(B) All 9-1-1 network costs for systems outside of
23		municipalities with a population of at least 500,000
24		shall be paid by the Department directly to the
25		vendors.
26		(C) All expenses incurred by the Administrator and

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1		the Statewide 9-1-1 Advisory Board and costs
2		associated with procurement under Section 15.6b
3		including requests for information and requests for
4		proposals.
5		(D) Funds may be held in reserve by the Statewide
6		9-1-1 Advisory Board and disbursed by the Department
7		for grants under Section 15.4b of this Act Sections
8		15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5
9		million per year in State fiscal years 2016 and 2017;
10		up to $20 $13.5 million in State fiscal year 2018; up
11		to $20.9 $14.4 million in State fiscal year 2019; up to
12		$15.3 million in State fiscal year 2020; up to $16.2
13		million in State fiscal year 2021; up to $23.1 million
14		in State fiscal year 2022; and up to $17.0 million per
15		year for State fiscal year 2023 and each year
16		thereafter. The amount held in reserve in State fiscal
17		years 2018 and 2019 shall not be less than $6.5
18		million. Disbursements under this subparagraph (D)
19		shall be prioritized as follows: (i) consolidation
20		grants prioritized under subsection (a) of Section
21		15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)
22		consolidation grants under Section 15.4b of this Act
23		for consolidation expenses incurred between January 1,
24		2010, and January 1, 2016.
25		(E) All remaining funds per remit month shall be
26		used to make monthly proportional grants to the

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1		appropriate 9-1-1 Authority currently taking wireless
2		9-1-1 based upon the United States Postal Zip Code of
3		the billing addresses of subscribers of wireless
4		carriers.
5		(c) The moneys deposited into the Statewide 9-1-1 Fund
6		under this Section shall not be subject to administrative
7		charges or chargebacks unless otherwise authorized by this Act.
8		(d) Whenever two or more 9-1-1 Authorities consolidate, the
9		resulting Joint Emergency Telephone System Board shall be
10		entitled to the monthly payments that had theretofore been made
11		to each consolidating 9-1-1 Authority. Any reserves held by any
12		consolidating 9-1-1 Authority shall be transferred to the
13		resulting Joint Emergency Telephone System Board. Whenever a
14		county that has no 9-1-1 service as of January 1, 2016 enters
15		into an agreement to consolidate to create or join a Joint
16		Emergency Telephone System Board, the Joint Emergency
17		Telephone System Board shall be entitled to the monthly
18		payments that would have otherwise been paid to the county if
19		it had provided 9-1-1 service.
20		(Source: P.A. 99-6, eff. 1-1-16.)
21		(50 ILCS 750/35)
22		Sec. 35. 9-1-1 surcharge; allowable expenditures. Except
23		as otherwise provided in this Act, expenditures from surcharge
24		revenues received under this Act may be made by municipalities,
25		counties, and 9-1-1 Authorities only to pay for the costs

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1		associated with the following:
2		(1) The design of the Emergency Telephone System.
3		(2) The coding of an initial Master Street Address
4		Guide database, and update and maintenance thereof.
5		(3) The repayment of any moneys advanced for the
6		implementation of the system.
7		(4) The charges for Automatic Number Identification
8		and Automatic Location Identification equipment, a
9		computer aided dispatch system that records, maintains,
10		and integrates information, mobile data transmitters
11		equipped with automatic vehicle locators, and maintenance,
12		replacement, and update thereof to increase operational
13		efficiency and improve the provision of emergency
14		services.
15		(5) The non-recurring charges related to installation
16		of the Emergency Telephone System.
17		(6) The initial acquisition and installation, or the
18		reimbursement of costs therefor to other governmental
19		bodies that have incurred those costs, of road or street
20		signs that are essential to the implementation of the
21		Emergency Telephone System and that are not duplicative of
22		signs that are the responsibility of the jurisdiction
23		charged with maintaining road and street signs. Funds may
24		not be used for ongoing expenses associated with road or
25		street sign maintenance and replacement.
26		(7) Other products and services necessary for the

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1		implementation, upgrade, and maintenance of the system and
2		any other purpose related to the operation of the system,
3		including costs attributable directly to the construction,
4		leasing, or maintenance of any buildings or facilities or
5		costs of personnel attributable directly to the operation
6		of the system. Costs attributable directly to the operation
7		of an emergency telephone system do not include the costs
8		of public safety agency personnel who are and equipment
9		that is dispatched in response to an emergency call.
10		(8) The defraying of expenses incurred to implement
11		Next Generation 9-1-1, subject to the conditions set forth
12		in this Act.
13		(9) The implementation of a computer aided dispatch
14		system or hosted supplemental 9-1-1 services.
15		(10) The design, implementation, operation,
16		maintenance, or upgrade of wireless 9-1-1, or E9-1-1, or
17		NG9-1-1 emergency services and public safety answering
18		points.
19		Moneys in the Statewide 9-1-1 Fund may also be transferred
20		to a participating fire protection district to reimburse
21		volunteer firefighters who man remote telephone switching
22		facilities when dedicated 9-1-1 lines are down.
23		In the case of a municipality with a population over
24		500,000, moneys may also be used for any anti-terrorism or
25		emergency preparedness measures, including, but not limited
26		to, preparedness planning, providing local matching funds for

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1		federal or State grants, personnel training, and specialized
2		equipment, including surveillance cameras, as needed to deal
3		with natural and terrorist-inspired emergency situations or
4		events.
5		(Source: P.A. 99-6, eff. 1-1-16.)
6		(50 ILCS 750/40)
7		Sec. 40. Financial reports.
8		(a) The Department shall create uniform accounting
9		procedures, with such modification as may be required to give
10		effect to statutory provisions applicable only to
11		municipalities with a population in excess of 500,000, that any
12		emergency telephone system board, qualified governmental
13		entity, or unit of local government receiving surcharge money
14		pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
15		(b) By January 31, 2018, and every January 31 thereafter
16		October 1, 2016, and every October 1 thereafter, each emergency
17		telephone system board, qualified governmental entity, or unit
18		of local government receiving surcharge money pursuant to
19		Section 15.3, 15.3a, or 30 shall report to the Department
20		audited financial statements showing total revenue and
21		expenditures for the period beginning with the end of the
22		period covered by the last submitted report through the end of
23		the previous calendar year previous fiscal year in a form and
24		manner as prescribed by the Department. Such financial
25		information shall include:

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1		(1) a detailed summary of revenue from all sources
2		including, but not limited to, local, State, federal, and
3		private revenues, and any other funds received;
4		(2) all expenditures made during the reporting period
5		from distributions under this Act; operating expenses,
6		capital expenditures, and cash balances; and
7		(3) call data and statistics, when available, from the
8		reporting period, as specified by the Department and
9		collected in accordance with any reporting method
10		established or required such other financial information
11		that is relevant to the provision of 9-1-1 services as
12		determined by the Department; .
13		(4) all costs associated with dispatching appropriate
14		public safety agencies to respond to 9-1-1 calls received
15		by the PSAP; and
16		(5) all funding sources and amounts of funding used for
17		costs described in paragraph (4) of this subsection (b).
18		The emergency telephone system board, qualified
19		governmental entity, or unit of local government is responsible
20		for any costs associated with auditing such financial
21		statements. The Department shall post the audited financial
22		statements on the Department's website.
23		(c) Along with its audited financial statement, each
24		emergency telephone system board, qualified governmental
25		entity, or unit of local government receiving a grant under
26		Section 15.4b of this Act shall include a report of the amount

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1		of grant moneys received and how the grant moneys were used. In
2		case of a conflict between this requirement and the Grant
3		Accountability and Transparency Act, or with the rules of the
4		Governor's Office of Management and Budget adopted thereunder,
5		that Act and those rules shall control.
6		(d) If an emergency telephone system board or qualified
7		governmental entity that receives funds from the Statewide
8		9-1-1 Fund fails to file the 9-1-1 system financial reports as
9		required under this Section, the Department shall suspend and
10		withhold monthly disbursements otherwise due to the emergency
11		telephone system board or qualified governmental entity under
12		Section 30 of this Act until the report is filed.
13		Any monthly disbursements that have been withheld for 12
14		months or more shall be forfeited by the emergency telephone
15		system board or qualified governmental entity and shall be
16		distributed proportionally by the Department to compliant
17		emergency telephone system boards and qualified governmental
18		entities that receive funds from the Statewide 9-1-1 Fund.
19		Any emergency telephone system board or qualified
20		governmental entity not in compliance with this Section shall
21		be ineligible to receive any consolidation grant or
22		infrastructure grant issued under this Act.
23		(e) The Department may adopt emergency rules necessary to
24		implement the provisions of this Section.
25		(f) Any findings or decisions of the Department under this
26		Section shall be deemed a final administrative decision and

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1		shall be subject to judicial review under the Administrative
2		Review Law.
3		(g) Beginning October 1, 2017, the Department shall provide
4		a quarterly report to the Board of its expenditures from the
5		Statewide 9-1-1 Fund for the prior fiscal quarter.
6		(Source: P.A. 99-6, eff. 1-1-16.)
7		(50 ILCS 750/45)
8		Sec. 45. Wireless Carrier Reimbursement Fund.
9		(a) A special fund in the State treasury known as the
10		Wireless Carrier Reimbursement Fund, which was created
11		previously under Section 30 of the Wireless Emergency Telephone
12		Safety Act, shall continue in existence without interruption
13		notwithstanding the repeal of that Act. Moneys in the Wireless
14		Carrier Reimbursement Fund may be used, subject to
15		appropriation, only (i) to reimburse wireless carriers for all
16		of their costs incurred in complying with the applicable
17		provisions of Federal Communications Commission wireless
18		enhanced 9-1-1 service mandates, and (ii) to pay the reasonable
19		and necessary costs of the Illinois Commerce Commission in
20		exercising its rights, duties, powers, and functions under this
21		Act. This reimbursement to wireless carriers may include, but
22		need not be limited to, the cost of designing, upgrading,
23		purchasing, leasing, programming, installing, testing, and
24		maintaining necessary data, hardware, and software and
25		associated operating and administrative costs and overhead.

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1		(b) To recover costs from the Wireless Carrier
2		Reimbursement Fund, the wireless carrier shall submit sworn
3		invoices to the Illinois Commerce Commission. In no event may
4		any invoice for payment be approved for (i) costs that are not
5		related to compliance with the requirements established by the
6		wireless enhanced 9-1-1 mandates of the Federal Communications
7		Commission, or (ii) costs with respect to any wireless enhanced
8		9-1-1 service that is not operable at the time the invoice is
9		submitted.
10		(c) If in any month the total amount of invoices submitted
11		to the Illinois Commerce Commission and approved for payment
12		exceeds the amount available in the Wireless Carrier
13		Reimbursement Fund, wireless carriers that have invoices
14		approved for payment shall receive a pro-rata share of the
15		amount available in the Wireless Carrier Reimbursement Fund
16		based on the relative amount of their approved invoices
17		available that month, and the balance of the payments shall be
18		carried into the following months until all of the approved
19		payments are made.
20		(d) A wireless carrier may not receive payment from the
21		Wireless Carrier Reimbursement Fund for its costs of providing
22		wireless enhanced 9-1-1 services in an area when a unit of
23		local government or emergency telephone system board provides
24		wireless 9-1-1 services in that area and was imposing and
25		collecting a wireless carrier surcharge prior to July 1, 1998.
26		(e) The Illinois Commerce Commission shall maintain

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1		detailed records of all receipts and disbursements and shall
2		provide an annual accounting of all receipts and disbursements
3		to the Auditor General.
4		(f) The Illinois Commerce Commission must annually review
5		the balance in the Wireless Carrier Reimbursement Fund as of
6		June 30 of each year and shall direct the Comptroller to
7		transfer into the Statewide 9-1-1 Fund for distribution in
8		accordance with subsection (b) of Section 30 of this Act any
9		amount in excess of outstanding invoices as of June 30 of each
10		year.
11		(g) The Illinois Commerce Commission shall adopt rules to
12		govern the reimbursement process.
13		(Source: P.A. 99-6, eff. 1-1-16.)
14		(50 ILCS 750/50)
15		Sec. 50. Fund audits. The Auditor General shall conduct as
16		a part of its bi-annual audit, an audit of the Statewide 9-1-1
17		Fund and the Wireless Carrier Reimbursement Fund for compliance
18		with the requirements of this Act. The audit shall include, but
19		not be limited to, the following determinations:
20		(1) Whether detailed records of all receipts and
21		disbursements from the Statewide 9-1-1 Fund and the
22		Wireless Carrier Reimbursement Fund are being maintained.
23		(2) Whether administrative costs charged to the funds
24		are adequately documented and are reasonable.
25		(3) Whether the procedures for making disbursements

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1		and grants and providing reimbursements in accordance with
2		the Act are adequate.
3		(4) The status of the implementation of statewide 9-1-1
4		service and Next Generation 9-1-1 service in Illinois.
5		The Illinois Commerce Commission, the Department of State
6		Police, and any other entity or person that may have
7		information relevant to the audit shall cooperate fully and
8		promptly with the Office of the Auditor General in conducting
9		the audit. The Auditor General shall commence the audit as soon
10		as possible and distribute the report upon completion in
11		accordance with Section 3-14 of the Illinois State Auditing
12		Act.
13		(Source: P.A. 99-6, eff. 1-1-16.)
14		(50 ILCS 750/55)
15		Sec. 55. Public disclosure. Because of the highly
16		competitive nature of the wireless telephone industry, public
17		disclosure of information about surcharge moneys paid by
18		wireless carriers could have the effect of stifling competition
19		to the detriment of the public and the delivery of wireless
20		9-1-1 services. Therefore, the Illinois Commerce Commission,
21		the Department of State Police, governmental agencies, and
22		individuals with access to that information shall take
23		appropriate steps to prevent public disclosure of this
24		information. Information and data supporting the amount and
25		distribution of surcharge moneys collected and remitted by an

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1		individual wireless carrier shall be deemed exempt information
2		for purposes of the Freedom of Information Act and shall not be
3		publicly disclosed. The gross amount paid by all carriers shall
4		not be deemed exempt and may be publicly disclosed.
5		(Source: P.A. 99-6, eff. 1-1-16.)
6		(50 ILCS 750/60)
7		Sec. 60. Interconnected VoIP providers. Interconnected
8		VoIP providers in Illinois shall be subject in a competitively
9		neutral manner to the same provisions of this Act as are
10		provided for telecommunications carriers. Interconnected VoIP
11		services shall not be considered an intrastate
12		telecommunications service for the purposes of this Act in a
13		manner inconsistent with federal law or Federal Communications
14		Commission regulation.
15		(Source: P.A. 99-6, eff. 1-1-16.)
16		(50 ILCS 750/75)
17		Sec. 75. Transfer of rights, functions, powers, duties, and
18		property to Department of State Police; rules and standards;
19		savings provisions.
20		(a) On January 1, 2016, the rights, functions, powers, and
21		duties of the Illinois Commerce Commission as set forth in this
22		Act and the Wireless Emergency Telephone Safety Act existing
23		prior to January 1, 2016, are transferred to and shall be
24		exercised by the Department of State Police. On or before

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1		January 1, 2016, the Commission shall transfer and deliver to
2		the Department all books, records, documents, property (real
3		and personal), unexpended appropriations, and pending business
4		pertaining to the rights, powers, duties, and functions
5		transferred to the Department under Public Act 99-6.
6		(b) The rules and standards of the Commission that are in
7		effect on January 1, 2016 and that pertain to the rights,
8		powers, duties, and functions transferred to the Department
9		under Public Act 99-6 shall become the rules and standards of
10		the Department on January 1, 2016, and shall continue in effect
11		until amended or repealed by the Department.
12		Any rules pertaining to the rights, powers, duties, and
13		functions transferred to the Department under Public Act 99-6
14		that have been proposed by the Commission but have not taken
15		effect or been finally adopted by January 1, 2016, shall become
16		proposed rules of the Department on January 1, 2016, and any
17		rulemaking procedures that have already been completed by the
18		Commission for those proposed rules need not be repealed.
19		As soon as it is practical after January 1, 2016, the
20		Department shall revise and clarify the rules transferred to it
21		under Public Act 99-6 to reflect the transfer of rights,
22		powers, duties, and functions effected by Public Act 99-6 using
23		the procedures for recodification of rules available under the
24		Illinois Administrative Procedure Act, except that existing
25		title, part, and section numbering for the affected rules may
26		be retained. The Department may propose and adopt under the

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1		Illinois Administrative Procedure Act any other rules
2		necessary to consolidate and clarify those rules.
3		(c) The rights, powers, duties, and functions transferred
4		to the Department by Public Act 99-6 shall be vested in and
5		exercised by the Department subject to the provisions of this
6		Act and the Wireless Emergency Telephone Safety Act. An act
7		done by the Department or an officer, employee, or agent of the
8		Department in the exercise of the transferred rights, powers,
9		duties, and functions shall have the same legal effect as if
10		done by the Commission or an officer, employee, or agent of the
11		Commission.
12		The transfer of rights, powers, duties, and functions to
13		the Department under Public Act 99-6 does not invalidate any
14		previous action taken by or in respect to the Commission, its
15		officers, employees, or agents. References to the Commission or
16		its officers, employees, or agents in any document, contract,
17		agreement, or law shall, in appropriate contexts, be deemed to
18		refer to the Department or its officers, employees, or agents.
19		The transfer of rights, powers, duties, and functions to
20		the Department under Public Act 99-6 does not affect any
21		person's rights, obligations, or duties, including any civil or
22		criminal penalties applicable thereto, arising out of those
23		transferred rights, powers, duties, and functions.
24		Public Act 99-6 does not affect any act done, ratified, or
25		cancelled, any right occurring or established, or any action or
26		proceeding commenced in an administrative, civil, or criminal

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1		case before January 1, 2016. Any such action or proceeding that
2		pertains to a right, power, duty, or function transferred to
3		the Department under Public Act 99-6 that is pending on that
4		date may be prosecuted, defended, or continued by the
5		Commission.
6		For the purposes of Section 9b of the State Finance Act,
7		the Department is the successor to the Commission with respect
8		to the rights, duties, powers, and functions transferred by
9		Public Act 99-6.
10		(d) The Department is authorized to enter into an
11		intergovernmental agreement with the Commission for the
12		purpose of having the Commission assist the Department and the
13		Statewide 9-1-1 Administrator in carrying out their duties and
14		functions under this Act. The agreement may provide for funding
15		for the Commission for its assistance to the Department and the
16		Statewide 9-1-1 Administrator.
17		(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16.)
18		(50 ILCS 750/80 new)
19		Sec. 80. Continuation of Act; validation.
20		(a) The General Assembly finds and declares that this
21		amendatory Act of the 100th General Assembly manifests the
22		intention of the General Assembly to extend the repeal of this
23		Act and have this Act continue in effect until December 31,
24		2020.
25		(b) This Section shall be deemed to have been in continuous

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1		effect since July 1, 2017 and it shall continue to be in effect
2		henceforward until it is otherwise lawfully repealed. All
3		previously enacted amendments to this Act taking effect on or
4		after July 1, 2017, are hereby validated. All actions taken in
5		reliance on or under this Act by the Department of State Police
6		or any other person or entity are hereby validated.
7		(c) In order to ensure the continuing effectiveness of this
8		Act, it is set forth in full and reenacted by this amendatory
9		Act of the 100th General Assembly. Striking and underscoring
10		are used only to show changes being made to the base text. This
11		reenactment is intended as a continuation of this Act. It is
12		not intended to supersede any amendment to this Act that is
13		enacted by the 100th General Assembly.
14		(50 ILCS 750/99)
15		Sec. 99. Repealer. This Act is repealed on December 31,
16		2020 July 1, 2017.
17		(Source: P.A. 99-6, eff. 6-29-15.)
18		Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is
19		amended by changing Section 15 as follows:
20		(50 ILCS 753/15)
21		Sec. 15. Prepaid wireless 9-1-1 surcharge.
22		(a) Until September 30, 2015, there is hereby imposed on
23		consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail

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1		transaction. Beginning October 1, 2015, the prepaid wireless
2		9-1-1 surcharge shall be 3% per retail transaction. The
3		surcharge authorized by this subsection (a) does not apply in a
4		home rule municipality having a population in excess of
5		500,000.
6		(a-5) On or after the effective date of this amendatory Act
7		of the 98th General Assembly and until December 31, 2020, July
8		1, 2017, a home rule municipality having a population in excess
9		of 500,000 on the effective date of this amendatory Act may
10		impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per
11		retail transaction sourced to that jurisdiction and collected
12		and remitted in accordance with the provisions of subsection
13		(b-5) of this Section. On or after January 1, 2021, July 1,
14		2017, a home rule municipality having a population in excess of
15		500,000 on the effective date of this Act may only impose a
16		prepaid wireless 9-1-1 surcharge not to exceed 7% per retail
17		transaction sourced to that jurisdiction and collected and
18		remitted in accordance with the provisions of subsection (b-5).
19		(b) The prepaid wireless 9-1-1 surcharge shall be collected
20		by the seller from the consumer with respect to each retail
21		transaction occurring in this State and shall be remitted to
22		the Department by the seller as provided in this Act. The
23		amount of the prepaid wireless 9-1-1 surcharge shall be
24		separately stated as a distinct item apart from the charge for
25		the prepaid wireless telecommunications service on an invoice,
26		receipt, or other similar document that is provided to the

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1		consumer by the seller or shall be otherwise disclosed to the
2		consumer. If the seller does not separately state the surcharge
3		as a distinct item to the consumer as provided in this Section,
4		then the seller shall maintain books and records as required by
5		this Act which clearly identify the amount of the 9-1-1
6		surcharge for retail transactions.
7		For purposes of this subsection (b), a retail transaction
8		occurs in this State if (i) the retail transaction is made in
9		person by a consumer at the seller's business location and the
10		business is located within the State; (ii) the seller is a
11		provider and sells prepaid wireless telecommunications service
12		to a consumer located in Illinois; (iii) the retail transaction
13		is treated as occurring in this State for purposes of the
14		Retailers' Occupation Tax Act; or (iv) a seller that is
15		included within the definition of a "retailer maintaining a
16		place of business in this State" under Section 2 of the Use Tax
17		Act makes a sale of prepaid wireless telecommunications service
18		to a consumer located in Illinois. In the case of a retail
19		transaction which does not occur in person at a seller's
20		business location, if a consumer uses a credit card to purchase
21		prepaid wireless telecommunications service on-line or over
22		the telephone, and no product is shipped to the consumer, the
23		transaction occurs in this State if the billing address for the
24		consumer's credit card is in this State.
25		(b-5) The prepaid wireless 9-1-1 surcharge imposed under
26		subsection (a-5) of this Section shall be collected by the

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1		seller from the consumer with respect to each retail
2		transaction occurring in the municipality imposing the
3		surcharge. The amount of the prepaid wireless 9-1-1 surcharge
4		shall be separately stated on an invoice, receipt, or other
5		similar document that is provided to the consumer by the seller
6		or shall be otherwise disclosed to the consumer. If the seller
7		does not separately state the surcharge as a distinct item to
8		the consumer as provided in this Section, then the seller shall
9		maintain books and records as required by this Act which
10		clearly identify the amount of the 9-1-1 surcharge for retail
11		transactions.
12		For purposes of this subsection (b-5), a retail transaction
13		occurs in the municipality if (i) the retail transaction is
14		made in person by a consumer at the seller's business location
15		and the business is located within the municipality; (ii) the
16		seller is a provider and sells prepaid wireless
17		telecommunications service to a consumer located in the
18		municipality; (iii) the retail transaction is treated as
19		occurring in the municipality for purposes of the Retailers'
20		Occupation Tax Act; or (iv) a seller that is included within
21		the definition of a "retailer maintaining a place of business
22		in this State" under Section 2 of the Use Tax Act makes a sale
23		of prepaid wireless telecommunications service to a consumer
24		located in the municipality. In the case of a retail
25		transaction which does not occur in person at a seller's
26		business location, if a consumer uses a credit card to purchase

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1		prepaid wireless telecommunications service on-line or over
2		the telephone, and no product is shipped to the consumer, the
3		transaction occurs in the municipality if the billing address
4		for the consumer's credit card is in the municipality.
5		(c) The prepaid wireless 9-1-1 surcharge is imposed on the
6		consumer and not on any provider. The seller shall be liable to
7		remit all prepaid wireless 9-1-1 surcharges that the seller
8		collects from consumers as provided in Section 20, including
9		all such surcharges that the seller is deemed to collect where
10		the amount of the surcharge has not been separately stated on
11		an invoice, receipt, or other similar document provided to the
12		consumer by the seller. The surcharge collected or deemed
13		collected by a seller shall constitute a debt owed by the
14		seller to this State, and any such surcharge actually collected
15		shall be held in trust for the benefit of the Department.
16		For purposes of this subsection (c), the surcharge shall
17		not be imposed or collected from entities that have an active
18		tax exemption identification number issued by the Department
19		under Section 1g of the Retailers' Occupation Tax Act.
20		(d) The amount of the prepaid wireless 9-1-1 surcharge that
21		is collected by a seller from a consumer, if such amount is
22		separately stated on an invoice, receipt, or other similar
23		document provided to the consumer by the seller, shall not be
24		included in the base for measuring any tax, fee, surcharge, or
25		other charge that is imposed by this State, any political
26		subdivision of this State, or any intergovernmental agency.

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1		(e) (Blank).
2		(e-5) Any changes in the rate of the surcharge imposed by a
3		municipality under the authority granted in subsection (a-5) of
4		this Section shall be effective on the first day of the first
5		calendar month to occur at least 60 days after the enactment of
6		the change. The Department shall provide not less than 30 days'
7		notice of the increase or reduction in the rate of such
8		surcharge on the Department's website.
9		(f) When prepaid wireless telecommunications service is
10		sold with one or more other products or services for a single,
11		non-itemized price, then the percentage specified in
12		subsection (a) or (a-5) of this Section 15 shall be applied to
13		the entire non-itemized price unless the seller elects to apply
14		the percentage to (i) the dollar amount of the prepaid wireless
15		telecommunications service if that dollar amount is disclosed
16		to the consumer or (ii) the portion of the price that is
17		attributable to the prepaid wireless telecommunications
18		service if the retailer can identify that portion by reasonable
19		and verifiable standards from its books and records that are
20		kept in the regular course of business for other purposes,
21		including, but not limited to, books and records that are kept
22		for non-tax purposes. However, if a minimal amount of prepaid
23		wireless telecommunications service is sold with a prepaid
24		wireless device for a single, non-itemized price, then the
25		seller may elect not to apply the percentage specified in
26		subsection (a) or (a-5) of this Section 15 to such transaction.

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1		For purposes of this subsection, an amount of service
2		denominated as 10 minutes or less or $5 or less is considered
3		minimal.
4		(g) The prepaid wireless 9-1-1 surcharge imposed under
5		subsections (a) and (a-5) of this Section is not imposed on the
6		provider or the consumer for wireless Lifeline service where
7		the consumer does not pay the provider for the service. Where
8		the consumer purchases from the provider optional minutes,
9		texts, or other services in addition to the federally funded
10		Lifeline benefit, a consumer must pay the prepaid wireless
11		9-1-1 surcharge, and it must be collected by the seller
12		according to subsection (b-5).
13		(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)
14		Section 25. The Public Utilities Act is amended by
15		reenacting Articles XIII and XXI, by changing Sections 13-102,
16		13-103, 13-230, 13-301.1, 13-406, 13-703, 13-1200, 21-401, and
17		21-1601, and by adding Sections 13-406.1, 13-904, and 21-1503
18		as follows:
19		(220 ILCS 5/Art. XIII heading)
20		ARTICLE XIII. TELECOMMUNICATIONS
21		(220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)
22		Sec. 13-100. This Article shall be known and may be cited
23		as the Universal Telephone Service Protection Law of 1985.

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1		(Source: P.A. 84-1063.)
2		(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
3		Sec. 13-101. Application of Act to telecommunications
4		rates and services. The Sections of this Act pertaining to
5		public utilities, public utility rates and services, and the
6		regulation thereof, are fully and equally applicable to
7		noncompetitive telecommunications rates and services, and the
8		regulation thereof, except to the extent modified or
9		supplemented by the specific provisions of this Article or
10		where the context clearly renders such provisions
11		inapplicable. Articles I through IV, Sections 5-101, 5-106,
12		5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501,
13		8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510, 9-221, 9-222,
14		9-222.1, 9-222.2, 9-241, 9-250, and 9-252.1, and Article X of
15		this Act are fully and equally applicable to the noncompetitive
16		and competitive services of an Electing Provider and to
17		competitive telecommunications rates and services, and the
18		regulation thereof except that Section 5-109 shall apply to the
19		services of an Electing Provider and to competitive
20		telecommunications rates and services only to the extent that
21		the Commission requires annual reports authorized by Section
22		5-109, provided the telecommunications provider may use
23		generally accepted accounting practices or accounting systems
24		it uses for financial reporting purposes in the annual report,
25		and except that Sections 8-505 and 9-250 shall not apply to

HB1811 Enrolled - 104 - LRB100 08000 SMS 18081 b
1		competitive retail telecommunications services and Sections
2		8-501 and 9-241 shall not apply to competitive services; in
3		addition, as to competitive telecommunications rates and
4		services, and the regulation thereof, and with the exception of
5		competitive retail telecommunications service rates and
6		services, all rules and regulations made by a
7		telecommunications carrier affecting or pertaining to its
8		charges or service shall be just and reasonable. As of the
9		effective date of this amendatory Act of the 92nd General
10		Assembly, Sections 4-202, 4-203, and 5-202 of this Act shall
11		cease to apply to telecommunications rates and services.
12		(Source: P.A. 98-45, eff. 6-28-13.)
13		(220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
14		Sec. 13-102. Findings. With respect to telecommunications
15		services, as herein defined, the General Assembly finds that:
16		(a) universally available and widely affordable
17		telecommunications services are essential to the health,
18		welfare and prosperity of all Illinois citizens;
19		(b) federal regulatory and judicial rulings in the 1980s
20		caused a restructuring of the telecommunications industry and
21		opened some aspects of the industry to competitive entry,
22		thereby necessitating revision of State telecommunications
23		regulatory policies and practices;
24		(c) revisions in telecommunications regulatory policies
25		and practices in Illinois beginning in the mid-1980s brought

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1		the benefits of competition to consumers in many
2		telecommunications markets, but not in local exchange
3		telecommunications service markets;
4		(d) the federal Telecommunications Act of 1996 established
5		the goal of opening all telecommunications service markets to
6		competition and accords to the states the responsibility to
7		establish and enforce policies necessary to attain that goal;
8		(e) it is in the immediate interest of the People of the
9		State of Illinois for the State to exercise its rights within
10		the new framework of federal telecommunications policy to
11		ensure that the economic benefits of competition in all
12		telecommunications service markets are realized as effectively
13		as possible;
14		(f) the competitive offering of all telecommunications
15		services will increase innovation and efficiency in the
16		provision of telecommunications services and may lead to
17		reduced prices for consumers, increased investment in
18		communications infrastructure, the creation of new jobs, and
19		the attraction of new businesses to Illinois; and
20		(g) protection of the public interest requires changes in
21		the regulation of telecommunications carriers and services to
22		ensure, to the maximum feasible extent, the reasonable and
23		timely development of effective competition in all
24		telecommunications service markets; .
25		(h) Illinois residents rely on today's modern wired and
26		wireless Internet Protocol (IP) networks and services to

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1		improve their lives by connecting them to school and college
2		degrees, work and job opportunities, family and friends,
3		information, and entertainment, as well as emergency
4		responders and public safety officials; Illinois businesses
5		rely on these modern IP networks and services to compete in a
6		global marketplace by expanding their customer base, managing
7		inventory and operations more efficiently, and offering
8		customers specialized and personalized products and services;
9		without question, Illinois residents and our State's economy
10		rely profoundly on the modern wired and wireless IP networks
11		and services in our State;
12		(i) the transition from 20th century traditional circuit
13		switched and other legacy telephone services to modern 21st
14		century next generation Internet Protocol (IP) services is
15		taking place at an extraordinary pace as Illinois consumers are
16		upgrading to home communications service using IP technology,
17		including high speed Internet, Voice over Internet Protocol,
18		and wireless service;
19		(j) this rapid transition to IP-based communications has
20		dramatically transformed the way people communicate and has
21		provided significant benefits to consumers in the form of
22		innovative functionalities resulting from the seamless
23		convergence of voice, video, and text, benefits realized by the
24		General Assembly when it chose to transition its own
25		telecommunications system to an all IP communications network
26		in 2016;

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1		(k) the benefits of the transition to IP-based networks and
2		services were also recognized by the General Assembly in 2015
3		through the enactment of legislation requiring that every 9-1-1
4		emergency system in Illinois provide Next Generation 9-1-1
5		service by July 1, 2020, and requiring that the Next Generation
6		9-1-1 network must be an IP-based platform; and
7		(l) completing the transition to all IP-based networks and
8		technologies is in the public interest because it will promote
9		continued innovation, consumer benefits, increased
10		efficiencies, and increased investment in IP-based networks
11		and services.
12		(Source: P.A. 90-185, eff. 7-23-97.)
13		(220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
14		Sec. 13-103. Policy. Consistent with its findings, the
15		General Assembly declares that it is the policy of the State of
16		Illinois that:
17		(a) telecommunications services should be available to all
18		Illinois citizens at just, reasonable, and affordable rates and
19		that such services should be provided as widely and
20		economically as possible in sufficient variety, quality,
21		quantity and reliability to satisfy the public interest;
22		(b) consistent with the protection of consumers of
23		telecommunications services and the furtherance of other
24		public interest goals, competition in all telecommunications
25		service markets should be pursued as a substitute for

HB1811 Enrolled - 108 - LRB100 08000 SMS 18081 b
1		regulation in determining the variety, quality and price of
2		telecommunications services and that the economic burdens of
3		regulation should be reduced to the extent possible consistent
4		with the furtherance of market competition and protection of
5		the public interest;
6		(c) all necessary and appropriate modifications to State
7		regulation of telecommunications carriers and services should
8		be implemented without unnecessary disruption to the
9		telecommunications infrastructure system or to consumers of
10		telecommunications services and that it is necessary and
11		appropriate to establish rules to encourage and ensure orderly
12		transitions in the development of markets for all
13		telecommunications services;
14		(d) the consumers of telecommunications services and
15		facilities provided by persons or companies subject to
16		regulation pursuant to this Act and Article should be required
17		to pay only reasonable and non-discriminatory rates or charges
18		and that in no case should rates or charges for non-competitive
19		telecommunications services include any portion of the cost of
20		providing competitive telecommunications services, as defined
21		in Section 13-209, or the cost of any nonregulated activities;
22		(e) the regulatory policies and procedures provided in this
23		Article are established in recognition of the changing nature
24		of the telecommunications industry and therefore should be
25		subject to systematic legislative review to ensure that the
26		public benefits intended to result from such policies and

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1		procedures are fully realized; and
2		(f) development of and prudent investment in advanced
3		telecommunications services and networks that foster economic
4		development of the State should be encouraged through the
5		implementation and enforcement of policies that promote
6		effective and sustained competition in all telecommunications
7		service markets; and .
8		(g) completion of the transition to modern IP-based
9		networks should be encouraged through relief from the outdated
10		regulations that require continued investment in legacy
11		circuit switched networks from which Illinois consumers have
12		largely transitioned, while at the same time ensuring that
13		consumers have access to available alternative services that
14		provide quality voice service and access to emergency
15		communications.
16		(Source: P.A. 90-185, eff. 7-23-97.)
17		(220 ILCS 5/13-201) (from Ch. 111 2/3, par. 13-201)
18		Sec. 13-201. Unless otherwise specified, the terms set
19		forth in the following Sections preceding Section 13-301 of
20		this Article are used in this Act and Article as herein
21		defined.
22		(Source: P.A. 85-1405.)
23		(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
24		Sec. 13-202. "Telecommunications carrier" means and

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1		includes every corporation, company, association, joint stock
2		company or association, firm, partnership or individual, their
3		lessees, trustees or receivers appointed by any court
4		whatsoever that owns, controls, operates or manages, within
5		this State, directly or indirectly, for public use, any plant,
6		equipment or property used or to be used for or in connection
7		with, or owns or controls any franchise, license, permit or
8		right to engage in the provision of, telecommunications
9		services between points within the State which are specified by
10		the user. "Telecommunications carrier" includes an Electing
11		Provider, as defined in Section 13-506.2. Telecommunications
12		carrier does not include, however:
13		(a) telecommunications carriers that are owned and
14		operated by any political subdivision, public or private
15		institution of higher education or municipal corporation of
16		this State, for their own use, or telecommunications carriers
17		that are owned by such political subdivision, public or private
18		institution of higher education, or municipal corporation and
19		operated by any of its lessees or operating agents, for their
20		own use;
21		(b) telecommunications carriers which are purely mutual
22		concerns, having no rates or charges for services, but paying
23		the operating expenses by assessment upon the members of such a
24		company and no other person but does include telephone or
25		telecommunications cooperatives as defined in Section 13-212;
26		(c) a company or person which provides telecommunications

HB1811 Enrolled - 111 - LRB100 08000 SMS 18081 b
1		services solely to itself and its affiliates or members or
2		between points in the same building, or between closely located
3		buildings, affiliated through substantial common ownership,
4		control or development; or
5		(d) a company or person engaged in the delivery of
6		community antenna television services as described in
7		subdivision (c) of Section 13-203, except with respect to the
8		provision of telecommunications services by that company or
9		person.
10		(Source: P.A. 96-927, eff. 6-15-10.)
11		(220 ILCS 5/13-202.5)
12		Sec. 13-202.5. Incumbent local exchange carrier.
13		"Incumbent local exchange carrier" means, with respect to an
14		area, the telecommunications carrier that provided
15		noncompetitive local exchange telecommunications service in
16		that area on February 8, 1996, and on that date was deemed a
17		member of the exchange carrier association pursuant to 47
18		C.F.R. 69.601(b), and includes its successors, assigns, and
19		affiliates.
20		(Source: P.A. 92-22, eff. 6-30-01.)
21		(220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
22		Sec. 13-203. Telecommunications service.
23		"Telecommunications service" means the provision or
24		offering for rent, sale or lease, or in exchange for other

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1		value received, of the transmittal of information, by means of
2		electromagnetic, including light, transmission with or without
3		benefit of any closed transmission medium, including all
4		instrumentalities, facilities, apparatus, and services
5		(including the collection, storage, forwarding, switching, and
6		delivery of such information) used to provide such transmission
7		and also includes access and interconnection arrangements and
8		services.
9		"Telecommunications service" does not include, however:
10		(a) the rent, sale, or lease, or exchange for other
11		value received, of customer premises equipment except for
12		customer premises equipment owned or provided by a
13		telecommunications carrier and used for answering 911
14		calls, and except for customer premises equipment provided
15		under Section 13-703;
16		(b) telephone or telecommunications answering
17		services, paging services, and physical pickup and
18		delivery incidental to the provision of information
19		transmitted through electromagnetic, including light,
20		transmission;
21		(c) community antenna television service which is
22		operated to perform for hire the service of receiving and
23		distributing video and audio program signals by wire, cable
24		or other means to members of the public who subscribe to
25		such service, to the extent that such service is utilized
26		solely for the one-way distribution of such entertainment

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1		services with no more than incidental subscriber
2		interaction required for the selection of such
3		entertainment service.
4		The Commission may, by rulemaking, exclude (1) private line
5		service which is not directly or indirectly used for the
6		origination or termination of switched telecommunications
7		service, (2) cellular radio service, (3) high-speed
8		point-to-point data transmission at or above 9.6 kilobits, or
9		(4) the provision of telecommunications service by a company or
10		person otherwise subject to Section 13-202 (c) to a
11		telecommunications carrier, which is incidental to the
12		provision of service subject to Section 13-202 (c), from active
13		regulatory oversight to the extent it finds, after notice,
14		hearing and comment that such exclusion is consistent with the
15		public interest and the purposes and policies of this Article.
16		To the extent that the Commission has excluded cellular radio
17		service from active regulatory oversight for any provider of
18		cellular radio service in this State pursuant to this Section,
19		the Commission shall exclude all other providers of cellular
20		radio service in the State from active regulatory oversight
21		without an additional rulemaking proceeding where there are 2
22		or more certified providers of cellular radio service in a
23		geographic area.
24		(Source: P.A. 90-185, eff. 7-23-97.)
25		(220 ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204)

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1		Sec. 13-204. "Local Exchange Telecommunications Service"
2		means telecommunications service between points within an
3		exchange, as defined in Section 13-206, or the provision of
4		telecommunications service for the origination or termination
5		of switched telecommunications services.
6		(Source: P.A. 84-1063.)
7		(220 ILCS 5/13-205) (from Ch. 111 2/3, par. 13-205)
8		Sec. 13-205. "Interexchange Telecommunications Service"
9		means telecommunications service between points in two or more
10		exchanges.
11		(Source: P.A. 84-1063.)
12		(220 ILCS 5/13-206) (from Ch. 111 2/3, par. 13-206)
13		Sec. 13-206. Exchange. "Exchange" means a geographical
14		area for the administration of telecommunications services,
15		established and described by the tariff of a telecommunications
16		carrier providing local exchange telecommunications service,
17		and consisting of one or more contiguous central offices,
18		together with associated facilities used in providing such
19		local exchange telecommunications service. To the extent
20		practicable, a municipality, city, or village shall not be
21		located in more than one exchange unless the municipality,
22		city, or village is located in more than one exchange through
23		annexation that occurs after the establishment of the exchange
24		boundary.

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1		(Source: P.A. 87-856.)
2		(220 ILCS 5/13-207) (from Ch. 111 2/3, par. 13-207)
3		Sec. 13-207. "Local Access and Transport Area (LATA)" means
4		a geographical area designated by the Modification of Final
5		Judgment in U.S. v. Western Electric Co., Inc., 552 F. Supp.
6		131 (D.D.C. 1982), as modified from time to time.
7		(Source: P.A. 84-1063.)
8		(220 ILCS 5/13-208) (from Ch. 111 2/3, par. 13-208)
9		Sec. 13-208. "Market Service Area (MSA)" means a
10		geographical area consisting of one or more exchanges, defined
11		by the Commission for the administration of tariffs, services
12		and other regulatory obligations. The term Market Service Area
13		includes those areas previously designated by the Commission.
14		(Source: P.A. 84-1063.)
15		(220 ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209)
16		Sec. 13-209. "Competitive Telecommunications Service"
17		means a telecommunications service, its functional equivalent
18		or a substitute service, which, for some identifiable class or
19		group of customers in an exchange, group of exchanges, or some
20		other clearly defined geographical area, is reasonably
21		available from more than one provider, whether or not such
22		provider is a telecommunications carrier subject to regulation
23		under this Act. A telecommunications service may be competitive

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1		for the entire state, some geographical area therein, including
2		an exchange or set of exchanges, or for a specific customer or
3		class or group of customers, but only to the extent consistent
4		with this definition.
5		(Source: P.A. 84-1063.)
6		(220 ILCS 5/13-210) (from Ch. 111 2/3, par. 13-210)
7		Sec. 13-210. "Noncompetitive Telecommunications Service"
8		means a telecommunications service other than a competitive
9		service as defined in Section 13-209.
10		(Source: P.A. 84-1063.)
11		(220 ILCS 5/13-211) (from Ch. 111 2/3, par. 13-211)
12		Sec. 13-211. "Resale of Telecommunications Service" means
13		the offering or provision of telecommunications service
14		primarily through the use of services or facilities owned or
15		provided by a separate telecommunications carrier.
16		(Source: P.A. 84-1063.)
17		(220 ILCS 5/13-212) (from Ch. 111 2/3, par. 13-212)
18		Sec. 13-212. "Telephone or Telecommunications Cooperative"
19		means any Illinois corporation organized on a cooperative basis
20		for the furnishing of telephone or telecommunications service.
21		(Source: P.A. 84-1063.)
22		(220 ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213)

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1		Sec. 13-213. "Hearing-aid compatible telephone" means a
2		telephone so equipped that it can activate an inductive
3		coupling hearing-aid or which will provide an alternative
4		technology that provides equally effective telephone service
5		and which will provide equipment necessary for the hearing
6		impaired to use generally available telecommunications
7		services effectively or without assistance.
8		(Source: P.A. 85-1405.)
9		(220 ILCS 5/13-214) (from Ch. 111 2/3, par. 13-214)
10		Sec. 13-214. (a) "Public mobile services" means
11		air-to-ground radio telephone services, cellular radio
12		telecommunications services, offshore radio, rural radio
13		service, public land mobile telephone service and other common
14		carrier radio communications services.
15		(b) "Private radio services" means private land mobile
16		radio services and other communications services characterized
17		by the Commission as private radio services.
18		(Source: P.A. 85-1405.)
19		(220 ILCS 5/13-215) (from Ch. 111 2/3, par. 13-215)
20		Sec. 13-215. (a) "Essential telephones" means all coin
21		operated telephones in any public or semi-public location,
22		telephones provided for emergency use, a reasonable percentage
23		of telephones in hotels, motels, hospitals and nursing homes
24		and a reasonable percentage of credit card operated telephones

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1		in any group of such telephones.
2		(b) "Emergency use telephones" includes all telephones
3		intended primarily to save persons from bodily injury, theft or
4		life threatening situations. This definition includes, but is
5		not limited to telephones in elevators, on highways and
6		telephones to alert police, a fire department or other
7		emergency service providers.
8		(Source: P.A. 85-1405.)
9		(220 ILCS 5/13-216)
10		Sec. 13-216. Network element. "Network element" means a
11		facility or equipment used in the provision of a
12		telecommunications service. The term also includes features,
13		functions, and capabilities that are provided by means of the
14		facility or equipment, including, but not limited to,
15		subscriber numbers, databases, signaling systems, and
16		information sufficient for billing and collection or used in
17		the transmission, routing, or other provision of a
18		telecommunications service.
19		(Source: P.A. 92-22, eff. 6-30-01.)
20		(220 ILCS 5/13-217)
21		Sec. 13-217. End user. "End user" means any person,
22		corporation, partnership, firm, municipality, cooperative,
23		organization, governmental agency, building owner, or other
24		entity provided with a telecommunications service for its own

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1		consumption and not for resale.
2		(Source: P.A. 92-22, eff. 6-30-01.)
3		(220 ILCS 5/13-218)
4		Sec. 13-218. Business end user. "Business end user" means
5		(1) an end user engaged primarily or substantially in a paid
6		commercial, professional, or institutional activity; (2) an
7		end user provided telecommunications service in a commercial,
8		professional, or institutional location, or other location
9		serving primarily or substantially as a site of an activity for
10		pay; (3) an end user whose telecommunications service is listed
11		as the principal or only number for a business in any yellow
12		pages directory; (4) an end user whose telecommunications
13		service is used to conduct promotions, solicitations, or market
14		research for which compensation or reimbursement is paid or
15		provided; provided, however, that the use of
16		telecommunications service, without compensation or
17		reimbursement, for a charitable or civic purpose shall not
18		constitute business use of a telecommunications service.
19		(Source: P.A. 92-22, eff. 6-30-01.)
20		(220 ILCS 5/13-219)
21		Sec. 13-219. Residential end user. "Residential end user"
22		means an end user other than a business end user.
23		(Source: P.A. 92-22, eff. 6-30-01.)

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1		(220 ILCS 5/13-220)
2		Sec. 13-220. Retail telecommunications service. "Retail
3		telecommunications service" means a telecommunications service
4		sold to an end user. "Retail telecommunications service" does
5		not include a telecommunications service provided by a
6		telecommunications carrier to a telecommunications carrier,
7		including to itself, as a component of, or for the provision
8		of, telecommunications service. A business retail
9		telecommunications service is a retail telecommunications
10		service provided to a business end user. A residential retail
11		telecommunications service is a retail telecommunications
12		service provided to a residential end user.
13		(Source: P.A. 92-22, eff. 6-30-01.)
14		(220 ILCS 5/13-230)
15		Sec. 13-230. Prepaid calling service. "Prepaid calling
16		service" means telecommunications service that must be paid for
17		in advance by an end user, enables the end user to originate
18		calls using an access number or authorization code, whether
19		manually or electronically dialed, and is sold in predetermined
20		units or dollars of which the number declines with use in a
21		known amount. A prepaid calling service call is a call made by
22		an end user using prepaid calling service. "Prepaid calling
23		service" does not include a wireless telecommunications
24		service that allows a caller to dial 9-1-1 to access the 9-1-1
25		system, which service must be paid for in advance, and is sold

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1		in predetermined units or dollars and the amount declines with
2		use in a known amount prepaid wireless telecommunications
3		service as defined in Section 10 of the Wireless Emergency
4		Telephone Safety Act.
5		(Source: P.A. 97-463, eff. 1-1-12.)
6		(220 ILCS 5/13-231)
7		Sec. 13-231. Prepaid calling service provider. "Prepaid
8		calling service provider" means and includes every
9		corporation, company, association, joint stock company or
10		association, firm, partnership, or individual and their
11		lessees, trustees, or receivers appointed by any court
12		whatsoever that contracts directly with a telecommunications
13		carrier to resell or offers to resell telecommunications
14		service as prepaid calling service to one or more distributors,
15		prepaid calling resellers, prepaid calling service retailers,
16		or end users.
17		(Source: P.A. 93-1002, eff. 1-1-05.)
18		(220 ILCS 5/13-232)
19		Sec. 13-232. Prepaid calling service retailer. "Prepaid
20		calling service retailer" means and includes every
21		corporation, company, association, joint stock company or
22		association, firm, partnership, or individual and their
23		lessees, trustees, or receivers appointed by any court
24		whatsoever that sells or offers to sell prepaid calling service

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1		directly to one or more end users.
2		(Source: P.A. 93-1002, eff. 1-1-05.)
3		(220 ILCS 5/13-233)
4		Sec. 13-233. Prepaid calling service reseller. "Prepaid
5		calling service reseller" means and includes every
6		corporation, company, association, joint stock company or
7		association, firm, partnership, or individual and their
8		lessees, trustees, or receivers appointed by any court
9		whatsoever that purchases prepaid calling services from a
10		prepaid calling service provider or distributor and sells those
11		services to one or more distributors of prepaid calling
12		services or to one or more prepaid calling service retailers.
13		(Source: P.A. 93-1002, eff. 1-1-05.)
14		(220 ILCS 5/13-234)
15		Sec. 13-234. Interconnected voice over Internet protocol
16		service. "Interconnected voice over Internet protocol service"
17		or "Interconnected VoIP service" has the meaning prescribed in
18		47 CFR 9.3 as defined on the effective date of this amendatory
19		Act of the 96th General Assembly or as amended thereafter.
20		(Source: P.A. 96-927, eff. 6-15-10.)
21		(220 ILCS 5/13-235)
22		Sec. 13-235. Interconnected voice over Internet protocol
23		provider. "Interconnected voice over Internet protocol

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1		provider" or "Interconnected VoIP provider" means and includes
2		every corporation, company, association, joint stock company
3		or association, firm, partnership, or individual, their
4		lessees, trustees, or receivers appointed by any court
5		whatsoever that owns, controls, operates, manages, or provides
6		within this State, directly or indirectly, Interconnected
7		voice over Internet protocol service.
8		(Source: P.A. 96-927, eff. 6-15-10.)
9		(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
10		Sec. 13-301. Duties of the Commission.
11		(1) Consistent with the findings and policy established in
12		paragraph (a) of Section 13-102 and paragraph (a) of Section
13		13-103, and in order to ensure the attainment of such policies,
14		the Commission shall:
15		(a) participate in all federal programs intended to
16		preserve or extend universal telecommunications service,
17		unless such programs would place cost burdens on Illinois
18		customers of telecommunications services in excess of the
19		benefits they would receive through participation,
20		provided, however, the Commission shall not approve or
21		permit the imposition of any surcharge or other fee
22		designed to subsidize or provide a waiver for subscriber
23		line charges; and shall report on such programs together
24		with an assessment of their adequacy and the advisability
25		of participating therein in its annual report to the

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1		General Assembly, or more often as necessary;
2		(b) (blank);
3		(c) order all telecommunications carriers offering or
4		providing local exchange telecommunications service to
5		propose low-cost or budget service tariffs and any other
6		rate design or pricing mechanisms designed to facilitate
7		customer access to such telecommunications service,
8		provided that services offered by any telecommunications
9		carrier at the rates, terms, and conditions specified in
10		Section 13-506.2 or Section 13-518 of this Article shall
11		constitute compliance with this Section. A
12		telecommunications carrier may seek Commission approval of
13		other low-cost or budget service tariffs or rate design or
14		pricing mechanisms to comply with this Section;
15		(d) investigate the necessity of and, if appropriate,
16		establish a universal service support fund from which local
17		exchange telecommunications carriers who pursuant to the
18		Twenty-Seventh Interim Order of the Commission in Docket
19		No. 83-0142 or the orders of the Commission in Docket No.
20		97-0621 and Docket No. 98-0679 received funding and whose
21		economic costs of providing services for which universal
22		service support may be made available exceed the affordable
23		rate established by the Commission for such services may be
24		eligible to receive support, less any federal universal
25		service support received for the same or similar costs of
26		providing the supported services; provided, however, that

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1		if a universal service support fund is established, the
2		Commission shall require that all costs of the fund be
3		recovered from all local exchange and interexchange
4		telecommunications carriers certificated in Illinois on a
5		competitively neutral and nondiscriminatory basis. In
6		establishing any such universal service support fund, the
7		Commission shall, in addition to the determination of costs
8		for supported services, consider and make findings
9		pursuant to subsection (2) of this Section. Proxy cost, as
10		determined by the Commission, may be used for this purpose.
11		In determining cost recovery for any universal service
12		support fund, the Commission shall not permit recovery of
13		such costs from another certificated carrier for any
14		service purchased and used solely as an input to a service
15		provided to such certificated carrier's retail customers.
16		(2) In any order creating a fund pursuant to paragraph (d)
17		of subsection (1), the Commission, after notice and hearing,
18		shall:
19		(a) Define the group of services to be declared
20		"supported telecommunications services" that constitute
21		"universal service". This group of services shall, at a
22		minimum, include those services as defined by the Federal
23		Communications Commission and as from time to time amended.
24		In addition, the Commission shall consider the range of
25		services currently offered by telecommunications carriers
26		offering local exchange telecommunications service, the

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1		existing rate structures for the supported
2		telecommunications services, and the telecommunications
3		needs of Illinois consumers in determining the supported
4		telecommunications services. The Commission shall, from
5		time to time or upon request, review and, if appropriate,
6		revise the group of Illinois supported telecommunications
7		services and the terms of the fund to reflect changes or
8		enhancements in telecommunications needs, technologies,
9		and available services.
10		(b) Identify all implicit subsidies contained in rates
11		or charges of incumbent local exchange carriers, including
12		all subsidies in interexchange access charges, and
13		determine how such subsidies can be made explicit by the
14		creation of the fund.
15		(c) Establish an affordable price for the supported
16		telecommunications services for the respective incumbent
17		local exchange carrier. The affordable price shall be no
18		less than the rates in effect at the time the Commission
19		creates a fund pursuant to this item. The Commission may
20		establish and utilize indices or models for updating the
21		affordable price for supported telecommunications
22		services.
23		(Source: P.A. 96-927, eff. 6-15-10.)
24		(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
25		Sec. 13-301.1. Universal Telephone Service Assistance

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1		Program.
2		(a) The Commission shall by rule or regulation establish a
3		Universal Telephone Service Assistance Program for low income
4		residential customers. The program shall provide for a
5		reduction of access line charges, a reduction of connection
6		charges, or any other alternative assistance or program to
7		increase accessibility to telephone service and broadband
8		Internet access service that the Commission deems advisable
9		subject to the availability of funds for the program as
10		provided in subsections subsection (d) and (e). The Commission
11		shall establish eligibility requirements for benefits under
12		the program.
13		(b) The Commission shall adopt rules providing for enhanced
14		enrollment for eligible consumers to receive lifeline service.
15		Enhanced enrollment may include, but is not limited to, joint
16		marketing, joint application, or joint processing with the
17		Low-Income Home Energy Assistance Program, the Medicaid
18		Program, and the Food Stamp Program. The Department of Human
19		Services, the Department of Healthcare and Family Services, and
20		the Department of Commerce and Economic Opportunity, upon
21		request of the Commission, shall assist in the adoption and
22		implementation of those rules. The Commission and the
23		Department of Human Services, the Department of Healthcare and
24		Family Services, and the Department of Commerce and Economic
25		Opportunity may enter into memoranda of understanding
26		establishing the respective duties of the Commission and the

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1		Departments in relation to enhanced enrollment.
2		(c) In this Section: ,
3		"Lifeline "lifeline service" means a retail local
4		service offering described by 47 CFR C.F.R. Section
5		54.401(a), as amended.
6		(d) The Commission shall require by rule or regulation that
7		each telecommunications carrier providing local exchange
8		telecommunications services notify its customers that if the
9		customer wishes to participate in the funding of the Universal
10		Telephone Service Assistance Program he may do so by electing
11		to contribute, on a monthly basis, a fixed amount that will be
12		included in the customer's monthly bill. The customer may cease
13		contributing at any time upon providing notice to the
14		telecommunications carrier providing local exchange
15		telecommunications services. The notice shall state that any
16		contribution made will not reduce the customer's bill for
17		telecommunications services. Failure to remit the amount of
18		increased payment will reduce the contribution accordingly.
19		The Commission shall specify the monthly fixed amount or
20		amounts that customers wishing to contribute to the funding of
21		the Universal Telephone Service Assistance Program may choose
22		from in making their contributions. Every telecommunications
23		carrier providing local exchange telecommunications services
24		shall remit the amounts contributed in accordance with the
25		terms of the Universal Telephone Service Assistance Program.
26		(e) Amounts collected and remitted under subsection (d)

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1		may, to the extent the Commission deems advisable, be used for
2		funding a program to be administered by the entity designated
3		by the Commission as administrator of the Universal Telephone
4		Service Assistance Program for educating and assisting
5		low-income residential customers with a transition to Internet
6		protocol-based networks and services. This program may
7		include, but need not be limited to, measures designed to
8		notify and educate residential customers regarding the
9		availability of alternative voice services with access to
10		9-1-1, access to and use of broadband Internet access service,
11		and pricing options.
12		(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)";
13		and
14		(220 ILCS 5/13-301.2)
15		Sec. 13-301.2. Program to Foster Elimination of the Digital
16		Divide. The Commission shall require by rule that each
17		telecommunications carrier providing local exchange
18		telecommunications service notify its end-user customers that
19		if the customer wishes to participate in the funding of the
20		Program to Foster Elimination of the Digital Divide he or she
21		may do so by electing to contribute, on a monthly basis, a
22		fixed amount that will be included in the customer's monthly
23		bill. The obligations imposed in this Section shall not be
24		imposed upon a telecommunications carrier for any of its
25		end-users subscribing to the services listed below: (1) private

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1		line service which is not directly or indirectly used for the
2		origination or termination of switched telecommunications
3		service, (2) cellular radio service, (3) high-speed
4		point-to-point data transmission at or above 9.6 kilobits, (4)
5		the provision of telecommunications service by a company or
6		person otherwise subject to subsection (c) of Section 13-202 to
7		a telecommunications carrier, which is incidental to the
8		provision of service subject to subsection (c) of Section
9		13-202; (5) pay telephone service; or (6) interexchange
10		telecommunications service. The customer may cease
11		contributing at any time upon providing notice to the
12		telecommunications carrier. The notice shall state that any
13		contribution made will not reduce the customer's bill for
14		telecommunications services. Failure to remit the amount of
15		increased payment will reduce the contribution accordingly.
16		The Commission shall specify the monthly fixed amount or
17		amounts that customers wishing to contribute to the funding of
18		the Program to Foster Elimination of the Digital Divide may
19		choose from in making their contributions. A
20		telecommunications carrier subject to this obligation shall
21		remit the amounts contributed by its customers to the
22		Department of Commerce and Economic Opportunity for deposit in
23		the Digital Divide Elimination Fund at the intervals specified
24		in the Commission rules.
25		(Source: P.A. 93-358, eff. 1-1-04; 94-793, eff. 5-19-06.)

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1		(220 ILCS 5/13-301.3)
2		Sec. 13-301.3. Digital Divide Elimination Infrastructure
3		Program.
4		(a) The Digital Divide Elimination Infrastructure Fund is
5		created as a special fund in the State treasury. All moneys in
6		the Fund shall be used, subject to appropriation, by the
7		Commission to fund (i) the construction of facilities specified
8		in Commission rules adopted under this Section and (ii) the
9		accessible electronic information program, as provided in
10		Section 20 of the Accessible Electronic Information Act. The
11		Commission may accept private and public funds, including
12		federal funds, for deposit into the Fund. Earnings attributable
13		to moneys in the Fund shall be deposited into the Fund.
14		(b) The Commission shall adopt rules under which it will
15		make grants out of funds appropriated from the Digital Divide
16		Elimination Infrastructure Fund to eligible entities as
17		specified in the rules for the construction of high-speed data
18		transmission facilities in eligible areas of the State. For
19		purposes of determining whether an area is an eligible area,
20		the Commission shall consider, among other things, whether (i)
21		in such area, advanced telecommunications services, as defined
22		in subsection (c) of Section 13-517 of this Act, are
23		under-provided to residential or small business end users,
24		either directly or indirectly through an Internet Service
25		Provider, (ii) such area has a low population density, and
26		(iii) such area has not yet developed a competitive market for

HB1811 Enrolled - 132 - LRB100 08000 SMS 18081 b
1		advanced services. In addition, if an entity seeking a grant of
2		funds from the Digital Divide Elimination Infrastructure Fund
3		is an incumbent local exchange carrier having the duty to serve
4		such area, and the obligation to provide advanced services to
5		such area pursuant to Section 13-517 of this Act, the entity
6		shall demonstrate that it has sought and obtained an exemption
7		from such obligation pursuant to subsection (b) of Section
8		13-517. Any entity seeking a grant of funds from the Digital
9		Divide Elimination Infrastructure Fund shall demonstrate to
10		the Commission that the grant shall be used for the
11		construction of high-speed data transmission facilities in an
12		eligible area and demonstrate that it satisfies all other
13		requirements of the Commission's rules. The Commission shall
14		determine the information that it deems necessary to award
15		grants pursuant to this Section.
16		(c) The rules of the Commission shall provide for the
17		competitive selection of recipients of grant funds available
18		from the Digital Divide Elimination Infrastructure Fund
19		pursuant to the Illinois Procurement Code. Grants shall be
20		awarded to bidders chosen on the basis of the criteria
21		established in such rules.
22		(d) All entities awarded grant moneys under this Section
23		shall maintain all records required by Commission rule for the
24		period of time specified in the rules. Such records shall be
25		subject to audit by the Commission, by any auditor appointed by
26		the State, or by any State officer authorized to conduct

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1		audits.
2		(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03;
3		93-797, eff. 7-22-04.)
4		(220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302)
5		Sec. 13-302. (a) No telecommunications carrier shall
6		implement a local measured service calling plan which does not
7		include one of the following elements:
8		(1) the residential customer has the option of a flat
9		rate local calling service under which local calls are not
10		charged for frequency or duration; or
11		(2) residential calls to points within an untimed
12		calling zone approved by the Commission are not charged for
13		duration; or
14		(3) a low income residential Universal Service
15		Assistance Program, which meets criteria set forth by the
16		Commission, is available.
17		(b) In formulating the criteria for the low income
18		residential Universal Service Assistance Program referred to
19		in paragraph (3) of subsection (a), the Commission shall
20		consider the desirability of various alternatives, including a
21		reduction of the access line charge or connection charge for
22		eligible customers.
23		(c) For local measured service plans implemented prior to
24		the effective date of this amendatory Act of 1987 which do not
25		contain one of the elements specified in paragraph (1) or (2)

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1		of subsection (a) of this Section, the Commission shall order
2		the telecommunications carrier having such a plan to include
3		one of the elements specified in paragraph (1) or (2) of
4		subsection (a) of this Section by January 1, 1989.
5		(Source: P.A. 85-1286.)
6		(220 ILCS 5/13-303)
7		Sec. 13-303. Action to enforce law or orders. Whenever the
8		Commission is of the opinion that a telecommunications carrier
9		is failing or omitting, or is about to fail or omit, to do
10		anything required of it by law or by an order, decision, rule,
11		regulation, direction, or requirement of the Commission or is
12		doing or permitting anything to be done, or is about to do
13		anything or is about to permit anything to be done, contrary to
14		or in violation of law or an order, decision, rule, regulation,
15		direction, or requirement of the Commission, the Commission
16		shall file an action or proceeding in the circuit court in and
17		for the county in which the case or some part thereof arose or
18		in which the telecommunications carrier complained of has its
19		principal place of business, in the name of the People of the
20		State of Illinois for the purpose of having the violation or
21		threatened violation stopped and prevented either by mandamus
22		or injunction. The Commission may express its opinion in a
23		resolution based upon whatever factual information has come to
24		its attention and may issue the resolution ex parte and without
25		holding any administrative hearing before bringing suit.

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1		Except in cases involving an imminent threat to the public
2		health and safety, no such resolution shall be adopted until 48
3		hours after the telecommunications carrier has been given
4		notice of (i) the substance of the alleged violation, including
5		citation to the law, order, decision, rule, regulation, or
6		direction of the Commission alleged to have been violated and
7		(ii) the time and the date of the meeting at which such
8		resolution will first be before the Commission for
9		consideration.
10		The Commission shall file the action or proceeding by
11		complaint in the circuit court alleging the violation or
12		threatened violation complained of and praying for appropriate
13		relief by way of mandamus or injunction. It shall be the duty
14		of the court to specify a time, not exceeding 20 days after the
15		service of the copy of the complaint, within which the
16		telecommunications carrier complained of must answer the
17		complaint, and in the meantime the telecommunications carrier
18		may be restrained. In case of default in answer or after
19		answer, the court shall immediately inquire into the facts and
20		circumstances of the case. The telecommunications carrier and
21		persons that the court may deem necessary or proper may be
22		joined as parties. The final judgment in any action or
23		proceeding shall either dismiss the action or proceeding or
24		grant relief by mandamus or injunction as prayed for in the
25		complaint, or in such modified or other form as will afford
26		appropriate relief in the court's judgment.

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1		(Source: P.A. 92-22, eff. 6-30-01.)
2		(220 ILCS 5/13-303.5)
3		Sec. 13-303.5. Injunctive relief. If, after a hearing, the
4		Commission determines that a telecommunications carrier has
5		violated this Act or a Commission order or rule, any
6		telecommunications carrier adversely affected by the violation
7		may seek injunctive relief in circuit court.
8		(Source: P.A. 92-22, eff. 6-30-01.)
9		(220 ILCS 5/13-304)
10		Sec. 13-304. Action to recover civil penalties.
11		(a) The Commission shall assess and collect all civil
12		penalties established under this Act against
13		telecommunications carriers, corporations other than
14		telecommunications carriers, and persons acting as
15		telecommunications carriers. Except for the penalties provided
16		under Section 2-202, civil penalties may be assessed only after
17		notice and opportunity to be heard. Any such civil penalty may
18		be compromised by the Commission. In determining the amount of
19		the civil penalty to be assessed, or the amount of the civil
20		penalty to be compromised, the Commission is authorized to
21		consider any matters of record in aggravation or mitigation of
22		the penalty, including but not limited to the following:
23		(1) the duration and gravity of the violation of the
24		Act, the rules, or the order of the Commission;

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1		(2) the presence or absence of due diligence on the
2		part of the violator in attempting either to comply with
3		requirements of the Act, the rules, or the order of the
4		Commission, or to secure lawful relief from those
5		requirements;
6		(3) any economic benefits accrued by the violator
7		because of the delay in compliance with requirements of the
8		Act, the rules, or the order of the Commission; and
9		(4) the amount of monetary penalty that will serve to
10		deter further violations by the violator and to otherwise
11		aid in enhancing voluntary compliance with the Act, the
12		rules, or the order of the Commission by the violator and
13		other persons similarly subject to the Act.
14		(b) If timely judicial review of a Commission order that
15		imposes a civil penalty is taken by a telecommunications
16		carrier, a corporation other than a telecommunications
17		carrier, or a person acting as a telecommunications carrier on
18		whom or on which the civil penalty has been imposed, the
19		reviewing court shall enter a judgment on all amounts upon
20		affirmance of the Commission order. If timely judicial review
21		is not taken and the civil penalty remains unpaid for 60 days
22		after service of the order, the Commission in its discretion
23		may either begin revocation proceedings or bring suit to
24		recover the penalties. Unless stayed by a reviewing court,
25		interest shall accrue from the 60th day after the date of
26		service of the Commission order to the date full payment is

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1		received by the Commission.
2		(c) Actions to recover delinquent civil penalties under
3		this Section shall be brought in the name of the People of the
4		State of Illinois in the circuit court in and for the county in
5		which the cause, or some part thereof, arose, or in which the
6		entity complained of resides. The action shall be commenced and
7		prosecuted to final judgement by the Commission. In any such
8		action, all interest incurred up to the time of final court
9		judgment may be recovered in that action. In all such actions,
10		the procedure and rules of evidence shall be the same as in
11		ordinary civil actions, except as otherwise herein provided.
12		Any such action may be compromised or discontinued on
13		application of the Commission upon such terms as the court
14		shall approve and order.
15		(d) Civil penalties related to the late filing of reports,
16		taxes, or other filings shall be paid into the State treasury
17		to the credit of the Public Utility Fund. Except as otherwise
18		provided in this Act, all other fines and civil penalties shall
19		be paid into the State treasury to the credit of the General
20		Revenue Fund.
21		(Source: P.A. 92-22, eff. 6-30-01.)
22		(220 ILCS 5/13-305)
23		Sec. 13-305. Amount of civil penalty. A telecommunications
24		carrier, any corporation other than a telecommunications
25		carrier, or any person acting as a telecommunications carrier

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1		that violates or fails to comply with any provisions of this
2		Act or that fails to obey, observe, or comply with any order,
3		decision, rule, regulation, direction, or requirement, or any
4		part or provision thereof, of the Commission, made or issued
5		under authority of this Act, in a case in which a civil penalty
6		is not otherwise provided for in this Act, but excepting
7		Section 5-202 of the Act, shall be subject to a civil penalty
8		imposed in the manner provided in Section 13-304 of no more
9		than $30,000 or 0.00825% of the carrier's gross intrastate
10		annual telecommunications revenue, whichever is greater, for
11		each offense unless the violator has fewer than 35,000
12		subscriber access lines, in which case the civil penalty may
13		not exceed $2,000 for each offense.
14		A telecommunications carrier subject to administrative
15		penalties resulting from a final Commission order approving an
16		intercorporate transaction entered pursuant to Section 7-204
17		of this Act shall be subject to penalties under this Section
18		imposed for the same conduct only to the extent that such
19		penalties exceed those imposed by the final Commission order.
20		Every violation of the provisions of this Act or of any
21		order, decision, rule, regulation, direction, or requirement
22		of the Commission, or any part or provision thereof, by any
23		corporation or person, is a separate and distinct offense.
24		Penalties under this Section shall attach and begin to accrue
25		from the day after written notice is delivered to such party or
26		parties that they are in violation of or have failed to comply

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1		with this Act or an order, decision, rule, regulation,
2		direction, or requirement of the Commission, or part or
3		provision thereof. In case of a continuing violation, each
4		day's continuance thereof shall be a separate and distinct
5		offense.
6		In construing and enforcing the provisions of this Act
7		relating to penalties, the act, omission, or failure of any
8		officer, agent, or employee of any telecommunications carrier
9		or of any person acting within the scope of his or her duties
10		or employment shall in every case be deemed to be the act,
11		omission, or failure of such telecommunications carrier or
12		person.
13		If the party who has violated or failed to comply with this
14		Act or an order, decision, rule, regulation, direction, or
15		requirement of the Commission, or any part or provision
16		thereof, fails to seek timely review pursuant to Sections
17		10-113 and 10-201 of this Act, the party shall, upon expiration
18		of the statutory time limit, be subject to the civil penalty
19		provision of this Section.
20		Twenty percent of all moneys collected under this Section
21		shall be deposited into the Digital Divide Elimination Fund and
22		20% of all moneys collected under this Section shall be
23		deposited into the Digital Divide Elimination Infrastructure
24		Fund.
25		(Source: P.A. 92-22, eff. 6-30-01.)

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1		(220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
2		Sec. 13-401. Certificate of Service Authority.
3		(a) No telecommunications carrier not possessing a
4		certificate of public convenience and necessity or certificate
5		of authority from the Commission at the time this Article goes
6		into effect shall transact any business in this State until it
7		shall have obtained a certificate of service authority from the
8		Commission pursuant to the provisions of this Article.
9		No telecommunications carrier offering or providing, or
10		seeking to offer or provide, any interexchange
11		telecommunications service shall do so until it has applied for
12		and received a Certificate of Interexchange Service Authority
13		pursuant to the provisions of Section 13-403. No
14		telecommunications carrier offering or providing, or seeking
15		to offer or provide, any local exchange telecommunications
16		service shall do so until it has applied for and received a
17		Certificate of Exchange Service Authority pursuant to the
18		provisions of Section 13-405.
19		Notwithstanding Sections 13-403, 13-404, and 13-405, the
20		Commission shall approve a cellular radio application for a
21		Certificate of Service Authority without a hearing upon a
22		showing by the cellular applicant that the Federal
23		Communications Commission has issued to it a construction
24		permit or an operating license to construct or operate a
25		cellular radio system in the area as defined by the Federal
26		Communications Commission, or portion of the area, for which

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1		the carrier seeks a Certificate of Service Authority.
2		No Certificate of Service Authority issued by the
3		Commission shall be construed as granting a monopoly or
4		exclusive privilege, immunity or franchise. The issuance of a
5		Certificate of Service Authority to any telecommunications
6		carrier shall not preclude the Commission from issuing
7		additional Certificates of Service Authority to other
8		telecommunications carriers providing the same or equivalent
9		service or serving the same geographical area or customers as
10		any previously certified carrier, except to the extent
11		otherwise provided by Sections 13-403 and 13-405.
12		Any certificate of public convenience and necessity
13		granted by the Commission to a telecommunications carrier prior
14		to the effective date of this Article shall remain in full
15		force and effect, and such carriers need not apply for a
16		Certificate of Service Authority in order to continue offering
17		or providing service to the extent authorized in such
18		certificate of public convenience and necessity. Any such
19		carrier, however, prior to substantially altering the nature or
20		scope of services provided under a certificate of public
21		convenience and necessity, or adding or expanding services
22		beyond the authority contained in such certificate, must apply
23		for a Certificate of Service Authority for such alterations or
24		additions pursuant to the provisions of this Article.
25		The Commission shall review and modify the terms of any
26		certificate of public convenience and necessity issued to a

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1		telecommunications carrier prior to the effective date of this
2		Article in order to ensure its conformity with the requirements
3		and policies of this Article. Any Certificate of Service
4		Authority may be altered or modified by the Commission, after
5		notice and hearing, upon its own motion or upon application of
6		the person or company affected. Unless exercised within a
7		period of two years from the issuance thereof, authority
8		conferred by a Certificate of Service Authority shall be null
9		and void.
10		(b) The Commission may issue a temporary Certificate which
11		shall remain in force not to exceed one year in cases of
12		emergency, to assure maintenance of adequate service or to
13		serve particular customers, without notice and hearing,
14		pending the determination of an application for a Certificate,
15		and may by regulation exempt from the requirements of this
16		Section temporary acts or operations for which the issuance of
17		a certificate is not necessary in the public interest and which
18		will not be required therefor.
19		(Source: P.A. 87-856.)
20		(220 ILCS 5/13-401.1)
21		Sec. 13-401.1. Interconnected voice over Internet protocol
22		(VoIP) service provider registration.
23		(a) An Interconnected VoIP provider providing fixed or
24		non-nomadic service in Illinois on December 1, 2010 shall
25		register with the Commission no later than January 1, 2011. All

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1		other Interconnected VoIP providers providing fixed or
2		non-nomadic service in Illinois shall register with the
3		Commission at least 30 days before providing service in
4		Illinois. The Commission shall prescribe a registration form no
5		later than October 1, 2010. The registration form prescribed by
6		the Commission shall only require the following information:
7		(1) the provider's legal name and any name under which
8		the provider does or will do business in Illinois, as
9		authorized by the Secretary of State;
10		(2) the provider's address and telephone number, along
11		with contact information for the person responsible for
12		ongoing communications with the Commission;
13		(3) a description of the provider's dispute resolution
14		process and, if any, the telephone number to initiate the
15		dispute resolution process; and
16		(4) a description of each exchange of a local exchange
17		company, in whole or in part, or the cities, towns, or
18		geographic areas, in whole or in part, in which the
19		provider is offering or proposes to offer Interconnected
20		VoIP service.
21		A provider must notify the Commission of any change in the
22		information identified in paragraphs (1), (2), (3), or (4) of
23		this subsection (a) within 5 business days after any such
24		change.
25		(b) A provider shall charge and collect from its end-user
26		customers, and remit to the appropriate authority, fees and

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1		surcharges in the same manner as are charged and collected upon
2		end-user customers of local exchange telecommunications
3		service and remitted by local exchange telecommunications
4		companies for local enhanced 9-1-1 surcharges.
5		(c) A provider may designate information that it submits in
6		its registration form or subsequent reports as confidential or
7		proprietary, provided that the provider states the reasons the
8		confidential designation is necessary. The Commission shall
9		provide adequate protection for such information pursuant to
10		Section 4-404 of this Act. If the Commission or any other party
11		seeks public disclosure of information designated as
12		confidential, the Commission shall consider the confidential
13		designation in a proceeding under the Illinois Administrative
14		Procedure Act, and the burden of proof to demonstrate that the
15		designated information is confidential shall be upon the
16		provider. Designated information shall remain confidential
17		pending the Commission's determination of whether the
18		information is entitled to confidential treatment. Information
19		designated as confidential shall be provided to local units of
20		government for purposes of assessing compliance with this
21		Article as permitted under a protective order issued by the
22		Commission pursuant to the Commission's rules and to the
23		Attorney General pursuant to Section 6.5 of the Attorney
24		General Act. Information designated as confidential under this
25		Section or determined to be confidential upon Commission review
26		shall only be disclosed pursuant to a valid and enforceable

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1		subpoena or court order or as required by the Freedom of
2		Information Act.
3		(d) Notwithstanding any other provision of law to the
4		contrary, the Commission shall have the authority, after notice
5		and hearing, to revoke or suspend the registration of any
6		provider that fails to comply with the requirements of this
7		Section.
8		(e) The provisions of this Section are severable under
9		Section 1.31 of the Statute on Statutes.
10		(Source: P.A. 96-927, eff. 6-15-10.)
11		(220 ILCS 5/13-402) (from Ch. 111 2/3, par. 13-402)
12		Sec. 13-402. The Commission is authorized, in connection
13		with the issuance or modification of a Certificate of
14		Interexchange Service Authority or the modification of a
15		certificate of public convenience and necessity for
16		interexchange telecommunications service, to waive or modify
17		the application of its rules, general orders, procedures or
18		notice requirements when such action will reduce the economic
19		burdens of regulation and such waiver or modification is not
20		inconsistent with the law or the purposes and policies of this
21		Article.
22		Any such waiver or modification granted to any
23		interexchange telecommunications carrier which has, or any
24		group of such carriers any one of which has annual revenues
25		exceeding $10,000,000 shall be automatically applied fully and

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1		equally to all such carriers with annual revenues exceeding
2		$10,000,000 unless the Commission specifically finds, after
3		notice to all such carriers and a hearing, that restricting the
4		application of such waiver or modification to only one such
5		carrier or some group of such carriers is consistent with and
6		would promote the purposes and policies of this Article and the
7		protection of telecommunications customers.
8		(Source: P.A. 84-1063.)
9		(220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
10		Sec. 13-403. Interexchange service authority; approval.
11		The Commission shall approve an application for a Certificate
12		of Interexchange Service Authority only upon a showing by the
13		applicant, and a finding by the Commission, after notice and
14		hearing, that the applicant possesses sufficient technical,
15		financial and managerial resources and abilities to provide
16		interexchange telecommunications service. The removal from
17		this Section of the dialing restrictions by this amendatory Act
18		of 1992 does not create any legislative presumption for or
19		against intra-Market Service Area presubscription or changes
20		in intra-Market Service Area dialing arrangements related to
21		the implementation of that presubscription, but simply vests
22		jurisdiction in the Illinois Commerce Commission to consider
23		after notice and hearing the issue of presubscription in
24		accordance with the policy goals outlined in Section 13-103.
25		The Commission shall have authority to alter the boundaries

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1		of Market Service Areas when such alteration is consistent with
2		the public interest and the purposes and policies of this
3		Article. A determination by the Commission with respect to
4		Market Service Area boundaries shall not modify or affect the
5		rights or obligations of any telecommunications carrier with
6		respect to any consent decree or agreement with the United
7		States Department of Justice, including, but not limited to,
8		the Modification of Final Judgment in United States v. Western
9		Electric Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from
10		time to time.
11		(Source: P.A. 91-357, eff. 7-29-99.)
12		(220 ILCS 5/13-404) (from Ch. 111 2/3, par. 13-404)
13		Sec. 13-404. Any telecommunications carrier offering or
14		providing the resale of either local exchange or interexchange
15		telecommunications service must first obtain a Certificate of
16		Service Authority. The Commission shall approve an application
17		for a Certificate for the resale of local exchange or
18		interexchange telecommunications service upon a showing by the
19		applicant, and a finding by the Commission, after notice and
20		hearing, that the applicant possesses sufficient technical,
21		financial and managerial resources and abilities to provide the
22		resale of telecommunications service.
23		(Source: P.A. 84-1063.)
24		(220 ILCS 5/13-404.1)

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1		Sec. 13-404.1. Prepaid calling service authority; rules.
2		(a) The General Assembly finds that it is necessary to
3		require the certification of prepaid calling service providers
4		to protect and promote against fraud the legitimate business
5		interests of persons or entities currently providing prepaid
6		calling service to Illinois end users and Illinois end users
7		who purchase these services.
8		(b) On and after July 1, 2005, it shall be unlawful for any
9		prepaid calling service provider to offer or provide or seek to
10		offer or provide to any distributor, prepaid calling service
11		reseller, prepaid calling service retailer, or end user any
12		prepaid calling service unless the prepaid calling service
13		provider has applied for and received a Certificate of Prepaid
14		Calling Service Provider Authority from the Commission. The
15		Commission shall approve an application for a Certificate of
16		Prepaid Calling Service Provider Authority upon a showing by
17		the applicant, and a finding by the Commission, after notice
18		and hearing, that the applicant possesses sufficient
19		technical, financial, and managerial resources and abilities
20		to provide prepaid calling services. The Commission shall
21		approve an application for a Certificate of Prepaid Calling
22		Service Provider Authority without a hearing upon a showing by
23		the applicant that the Commission has issued an appropriate
24		Certificate of Service Authority (whether a Certificate of
25		Interexchange Service Authority or Certificate of Exchange
26		Service Authority or both) to the applicant or the

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1		telecommunications carrier whose service the applicant is
2		seeking to resell, provided that the telecommunications
3		carrier remains in good standing with the Commission. The
4		Commission may adopt rules necessary for the administration of
5		this subsection.
6		(c) Upon issuance of a Certificate of Prepaid Calling
7		Service Provider Authority to a prepaid calling service
8		provider, the Commission shall post a list that contains the
9		full legal name of the prepaid service provider, the docket
10		number of the provider's certification proceeding, and the
11		toll-free customer service number of the certified prepaid
12		calling service provider on the Commission's web site on a link
13		solely dedicated to prepaid calling service providers. If the
14		certified prepaid calling service provider changes its
15		toll-free customer service number, it is the duty of the
16		certified prepaid calling service provider to provide the
17		Commission with notice of the change and with the provider's
18		new toll-free customer service number at least 24 hours prior
19		to changing its toll-free customer service number. The
20		Commission may adopt rules that further define the
21		administration of this subsection.
22		(d) Any and all enforcement authority granted to the
23		Commission under this Article over any Certificate of Service
24		Authority shall apply equally and without limitation to
25		Certificates of Prepaid Calling Service Provider Authority.
26		(Source: P.A. 93-1002, eff. 1-1-05.)

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1		(220 ILCS 5/13-404.2)
2		Sec. 13-404.2. Prepaid calling service standards. The
3		Commission, by rule, may establish and implement minimum
4		service quality standards for prepaid calling service. The
5		rules may include, but are not limited to, requiring access to
6		a live customer service attendant through the customer service
7		number, reporting requirements, fines, penalties, customer
8		credits, remedies, and other enforcement mechanisms to ensure
9		compliance with the service quality standards.
10		(Source: P.A. 93-1002, eff. 1-1-05.)
11		(220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)
12		Sec. 13-405. Local exchange service authority; approval.
13		The Commission shall approve an application for a Certificate
14		of Exchange Service Authority only upon a showing by the
15		applicant, and a finding by the Commission, after notice and
16		hearing, that the applicant possesses sufficient technical,
17		financial, and managerial resources and abilities to provide
18		local exchange telecommunications service.
19		(Source: P.A. 90-185, eff. 7-23-97.)
20		(220 ILCS 5/13-405.1) (from Ch. 111 2/3, par. 13-405.1)
21		Sec. 13-405.1. Interexchange services; incidental local
22		service. Whether or not a telecommunications carrier is
23		certified to offer or provide local exchange

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1		telecommunications service, nothing in Section 13-405 shall be
2		construed to require the withdrawal or prevent the offering of
3		interexchange services merely because incidental use of such
4		service by the customer for local exchange telecommunications
5		service is possible.
6		(Source: P.A. 87-856.)
7		(220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
8		Sec. 13-406. Abandonment of service. No telecommunications
9		carrier offering or providing noncompetitive
10		telecommunications service pursuant to a valid Certificate of
11		Service Authority or certificate of public convenience and
12		necessity shall discontinue or abandon such service once
13		initiated until and unless it shall demonstrate, and the
14		Commission finds, after notice and hearing, that such
15		discontinuance or abandonment will not deprive customers of any
16		necessary or essential telecommunications service or access
17		thereto and is not otherwise contrary to the public interest.
18		No telecommunications carrier offering or providing
19		competitive telecommunications service shall completely
20		discontinue or abandon such service to an identifiable class or
21		group of customers once initiated except upon 60 days notice to
22		the Commission and affected customers. The Commission may, upon
23		its own motion or upon complaint, investigate the proposed
24		discontinuance or abandonment of a competitive
25		telecommunications service and may, after notice and hearing,

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1		prohibit such proposed discontinuance or abandonment if the
2		Commission finds that it would be contrary to the public
3		interest. If the Commission does not provide notice of a
4		hearing within 60 calendar days after the notification or holds
5		a hearing and fails to find that the proposed discontinuation
6		or abandonment would be contrary to the public interest, the
7		provider may discontinue or abandon such service after
8		providing at least 30 days notice to affected customers. This
9		Section does not apply to a Large Electing Provider proceeding
10		under Section 13-406.1.
11		(Source: P.A. 96-927, eff. 6-15-10.)
12		(220 ILCS 5/13-406.1 new)
13		Sec. 13-406.1. Large Electing Provider transition to
14		IP-based networks and service.
15		(a) As used in this Section:
16		"Alternative voice service" means service that includes
17		all of the applicable functionalities for voice telephony
18		services described in 47 CFR 54.101(a).
19		"Existing customer" means a residential customer of the
20		Large Electing Provider who is subscribing to a
21		telecommunications service on the date the Large Electing
22		Provider sends its notice under paragraph (1) of subsection (c)
23		of this Section of its intent to cease offering and providing
24		service. For purposes of this Section, a residential customer
25		of the Large Electing Provider whose service has been

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1		temporarily suspended, but not finally terminated as of the
2		date that the Large Electing Provider sends that notice, shall
3		be deemed to be an "existing customer".
4		"Large Electing Provider" means an Electing Provider, as
5		defined in Section 13-506.2 of this Act, that (i) reported in
6		its annual competition report for the year 2016 filed with the
7		Commission under Section 13-407 of this Act and 83 Ill. Adm.
8		Code 793 that it provided at least 700,000 access lines to end
9		users; and (ii) is affiliated with a provider of commercial
10		mobile radio service, as defined in 47 CFR 20.3, as of January
11		1, 2017.
12		"New customer" means a residential customer who is not
13		subscribing to a telecommunications service provided by the
14		Large Electing Provider on the date the Large Electing Provider
15		sends its notice under paragraph (1) of subsection (c) of this
16		Section of its intent to cease offering and providing that
17		service.
18		"Provider" includes every corporation, company,
19		association, firm, partnership, and individual and their
20		lessees, trustees, or receivers appointed by a court that sell
21		or offer to sell an alternative voice service.
22		"Reliable access to 9-1-1" means access to 9-1-1 that
23		complies with the applicable rules, regulations, and
24		guidelines established by the Federal Communications
25		Commission and the applicable provisions of the Emergency
26		Telephone System Act and implementing rules.

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1		"Willing provider" means a provider that voluntarily
2		participates in the request for service process.
3		(b) Beginning June 30, 2017, a Large Electing Provider may,
4		to the extent permitted by and consistent with federal law,
5		including, as applicable, approval by the Federal
6		Communications Commission of the discontinuance of the
7		interstate-access component of a telecommunications service,
8		cease to offer and provide a telecommunications service to an
9		identifiable class or group of customers, other than voice
10		telecommunications service to residential customers or a
11		telecommunications service to a class of customers under
12		subsection (b-5) of this Section, upon 60 days' notice to the
13		Commission and affected customers.
14		(b-5) Notwithstanding any provision to the contrary in this
15		Section 13-406.1, beginning December 31, 2021, a Large Electing
16		Provider may, to the extent permitted by and consistent with
17		federal law, including, if applicable, approval by the Federal
18		Communications Commission of the discontinuance of the
19		interstate-access component of a telecommunication service,
20		cease to offer and provide a telecommunications service to one
21		or more of the following classes or groups of customers upon 60
22		days' notice to the Commission and affected customers: (1)
23		electric utilities, as defined in Section 16-102 of this Act;
24		(2) public utilities, as defined in Section 3-105 of this Act,
25		that offers natural gas or water services; (3) electric, gas,
26		and water utilities that are excluded from the definition of

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1		public utility under paragraph (1) of subsection (b) of Section
2		3-105 of this Act; (4) water companies as described in
3		paragraph (2) of subsection (b) of Section 3-105 of this Act;
4		(5) natural gas cooperatives as described in paragraph (4) of
5		subsection (b) of Section 3-105 of this Act; (6) electric
6		cooperatives as defined in Section 3-119 of this Act; (7)
7		entities engaged in the commercial generation of electric power
8		and energy; (8) the functional divisions of public agencies, as
9		defined in Section 2 of the Emergency Telephone System Act,
10		that provide police or firefighting services; and (9) 9-1-1
11		Authorities, as defined in Section 2 of the Emergency Telephone
12		System Act; provided that the date shall be extended to
13		December 21, 2022, for (i) an electric utility, as defined in
14		Section 16-102 of this Act, that serves more than 3 million
15		customers in the State; and (ii) an entity engaged in the
16		commercial generation of electric power and energy that
17		operates one or more nuclear power plants in the State.
18		(c) Beginning June 30, 2017, a Large Electing Provider may,
19		to the extent permitted by and consistent with federal law,
20		cease to offer and provide voice telecommunications service to
21		an identifiable class or group of residential customers, which,
22		for the purposes of this subsection (c), shall be referred to
23		as "requested service", subject to compliance with the
24		following requirements:
25		(1) No less than 255 days prior to providing notice to
26		the Federal Communications Commission of its intent to

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1		discontinue the interstate-access component of the
2		requested service, the Large Electing Provider shall:
3		(A) file a notice of the proposed cessation of the
4		requested service with the Commission, which shall
5		include a statement that the Large Electing Provider
6		will comply with any service discontinuance rules and
7		regulations of the Federal Communications Commission
8		pertaining to compatibility of alternative voice
9		services with medical monitoring devices; and
10		(B) provide notice of the proposed cessation of the
11		requested service to each of the Large Electing
12		Provider's existing customers within the affected
13		geographic area by first-class mail separate from
14		customer bills. If the customer has elected to receive
15		electronic billing, the notice shall be sent
16		electronically and by first-class mail separate from
17		customer bills. The notice provided under this
18		subparagraph (B) shall describe the requested service,
19		identify the earliest date on which the Large Electing
20		Provider intends to cease offering or providing the
21		telecommunications service, provide a telephone number
22		by which the existing customer may contact a service
23		representative of the Large Electing Provider, and
24		provide a telephone number by which the existing
25		customer may contact the Commission's Consumer
26		Services Division. The notice shall also include the

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1		following statement:
2		"If you do not believe that an alternative
3		voice service including reliable access to 9-1-1
4		is available to you, from either [name of Large
5		Electing Provider] or another provider of wired or
6		wireless voice service where you live, you have the
7		right to request the Illinois Commerce Commission
8		to investigate the availability of alternative
9		voice service including reliable access to 9-1-1.
10		To do so, you must submit such a request either in
11		writing or by signing and returning a copy of this
12		notice, no later than (insert date), 60 days after
13		the date of the notice to the following address:
14		Chief Clerk of the Illinois Commerce Commission
15		527 East Capitol Avenue
16		Springfield, Illinois 62706
17		You must include in your request a reference to
18		the notice you received from [Large Electing
19		Provider's name] and the date of notice.".
20		Thirty days following the date of notice, the Large
21		Electing Provider shall provide each customer to which
22		the notice was sent a follow-up notice containing the
23		same information and reminding customers of the
24		deadline for requesting the Commission to investigate
25		alternative voice service with access to 9-1-1.
26		(2) After June 30, 2017, and only in a geographic area

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1		for which a Large Electing Provider has provided notice of
2		proposed cessation of the requested service to existing
3		customers under paragraph (1) of this subsection (c), an
4		existing customer of that provider may, within 60 days
5		after issuance of such notice, request the Commission to
6		investigate the availability of alternative voice service
7		including reliable access to 9-1-1 to that customer. For
8		the purposes of this paragraph (2), existing customers who
9		make such a request are referred to as "requesting existing
10		customers". The Large Electing Provider may cease to offer
11		or provide the requested service to existing customers who
12		do not make a request for investigation beginning 30 days
13		after issuance of the notice required by paragraph (5) of
14		this subsection (c).
15		(A) In response to all requests and investigations
16		under this paragraph (2), the Commission shall conduct
17		a single investigation to be commenced 75 days after
18		the receipt of notice under paragraph (1) of this
19		subsection (c), and completed within 135 days after
20		commencement. The Commission shall, within 135 days
21		after commencement of the investigation, make one of
22		the findings described in subdivisions (i) and (ii) of
23		this subparagraph (A) for each requesting existing
24		customer.
25		(i) If, as a result of the investigation, the
26		Commission finds that service from at least one

HB1811 Enrolled - 160 - LRB100 08000 SMS 18081 b
1		provider offering alternative voice service
2		including reliable access to 9-1-1 through any
3		technology or medium is available to one or more
4		requesting existing customers, the Commission
5		shall declare by order that, with respect to each
6		requesting existing customer for which such a
7		finding is made, the Large Electing Provider may
8		cease to offer or provide the requested service
9		beginning 30 days after the issuance of the notice
10		required by paragraph (5) of this subsection (c).
11		(ii) If, as a result of the investigation, the
12		Commission finds that service from at least one
13		provider offering alternative voice service,
14		including reliable access to 9-1-1, through any
15		technology or medium is not available to one or
16		more requesting existing customers, the Commission
17		shall declare by order that an emergency exists
18		with respect to each requesting existing customer
19		for which such a finding is made.
20		(B) If the Commission declares an emergency under
21		subdivision (ii) of subparagraph (A) of this paragraph
22		(2) with respect to one or more requesting existing
23		customers, the Commission shall conduct a request for
24		service process to identify a willing provider of
25		alternative voice service including reliable access to
26		9-1-1. A provider shall not be required to participate

HB1811 Enrolled - 161 - LRB100 08000 SMS 18081 b
1		in the request for service process. The willing
2		provider may utilize any form of technology that is
3		capable of providing alternative voice service
4		including reliable access to 9-1-1, including, without
5		limitation, Voice over Internet Protocol services and
6		wireless services. The Commission shall, within 45
7		days after the issuance of an order finding that an
8		emergency exists, make one of the determinations
9		described in subdivisions (i) and (ii) of this
10		subparagraph (B) for each requesting existing customer
11		for which an emergency has been declared.
12		(i) If the Commission determines that another
13		provider is willing and capable of providing
14		alternative voice service including reliable
15		access to 9-1-1 to one or more requesting existing
16		customers for which an emergency has been
17		declared, the Commission shall declare by order
18		that, with respect to each requesting existing
19		customer for which such a determination is made,
20		the Large Electing Provider may cease to offer or
21		provide the requested service beginning 30 days
22		after the issuance of the notice required by
23		paragraph (5) of this Section.
24		(ii) If the Commission determines that for one
25		or more of the requesting existing customers for
26		which an emergency has been declared there is no

HB1811 Enrolled - 162 - LRB100 08000 SMS 18081 b
1		other provider willing and capable of providing
2		alternative voice service including reliable
3		access to 9-1-1, the Commission shall issue an
4		order requiring the Large Electing Provider to
5		provide alternative voice service including
6		reliable access to 9-1-1 to each requesting
7		existing customer utilizing any form of technology
8		capable of providing alternative voice service
9		including reliable access to 9-1-1, including,
10		without limitation, continuation of the requested
11		service, Voice over Internet Protocol services,
12		and wireless services, until another willing
13		provider is available. A Large Electing Provider
14		may fulfill the requirement through an affiliate
15		or another provider. The Large Electing Provider
16		may request that such an order be rescinded upon a
17		showing that an alternative voice service
18		including reliable access to 9-1-1 has become
19		available to the requesting existing customer from
20		another provider.
21		(3) If the Commission receives no requests for
22		investigation from any existing customer under paragraph
23		(2) of this subsection (c) within 60 days after issuance of
24		the notice under paragraph (1) of this subsection (c), the
25		Commission shall provide written notice to the Large
26		Electing Provider of that fact no later than 75 days after

HB1811 Enrolled - 163 - LRB100 08000 SMS 18081 b
1		receipt of notice under paragraph (1) of this subsection
2		(c). Notwithstanding any provision of this subsection (c)
3		to the contrary, if no existing customer requests an
4		investigation under paragraph (2) of this subsection (c),
5		the Large Electing Provider may immediately provide the
6		notice to the Federal Communications Commission as
7		described in paragraph (4) of this subsection (c).
8		(4) At the same time that it provides notice to the
9		Federal Communications Commission of its intent to
10		discontinue the interstate-access component of the
11		requested service, the Large Electing Provider shall:
12		(A) file a notice of proposal to cease to offer and
13		provide the requested service with the Commission; and
14		(B) provide a notice of proposal to cease to offer
15		and provide the requested service to existing
16		customers and new customers receiving the service at
17		the time of the notice within each affected geographic
18		area, with the notice made by first-class mail or
19		within customer bills delivered by mail or equivalent
20		means of notice, including electronic means if the
21		customer has elected to receive electronic billing.
22		The notice provided under this subparagraph (B) shall
23		include a brief description of the requested service,
24		the date on which the Large Electing Provider intends
25		to cease offering or providing the telecommunications
26		service, and a statement as required by 47 CFR 63.71

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1		that describes the process by which the customer may
2		submit comments to the Federal Communications
3		Commission.
4		(5) Upon approval by the Federal Communications
5		Commission of its request to discontinue the
6		interstate-access component of the requested service and
7		subject to the requirements of any order issued by the
8		Commission under subdivision (ii) of subparagraph (B) of
9		paragraph (2) of this subsection (c), the Large Electing
10		Provider may immediately cease to offer the requested
11		service to all customers not receiving the service on the
12		date of the Federal Communications Commission's approval
13		and may cease to offer and provide the requested service to
14		all customers receiving the service at the time of the
15		Federal Communications Commission's approval upon 30 days'
16		notice to the Commission and affected customers. Notice to
17		affected customers under this paragraph (5) shall be
18		provided by first-class mail separate from customer bills.
19		The notice provided under this paragraph (5) shall describe
20		the requested service, identify the date on which the Large
21		Electing Provider intends to cease offering or providing
22		the telecommunications service, and provide a telephone
23		number by which the existing customer may contact a service
24		representative of the Large Electing Provider.
25		(6) The notices provided for in paragraph (1) of this
26		subsection (c) are not required as a prerequisite for the

HB1811 Enrolled - 165 - LRB100 08000 SMS 18081 b
1		Large Electing Provider to cease to offer or provide a
2		telecommunications service in a geographic area where
3		there are no residential customers taking service from the
4		Large Electing Provider on the date that the Large Electing
5		Provider files notice to the Federal Communications
6		Commission of its intent to discontinue the
7		interstate-access component of the requested service in
8		that geographic area.
9		(7) For a period of 45 days following the date of a
10		notice issued under paragraph (5) of this Section, an
11		existing customer (i) who is located in the affected
12		geographic area subject to that notice; (ii) who was
13		receiving the requested service as of the date of the
14		Federal Communications Commission's approval of the Large
15		Electing Provider's request to discontinue the
16		interstate-access component of the requested service;
17		(iii) who did not make a timely request for investigation
18		under paragraph (2) of this subsection (c); and (iv) whose
19		service will be or has been discontinued under paragraph
20		(5), may request assistance from the Large Electing
21		Provider in identifying providers of alternative voice
22		service including reliable access to 9-1-1. Within 15 days
23		of the request, the Large Electing Provider shall provide
24		the customer with a list of alternative voice service
25		providers.
26		(8) Notwithstanding any other provision of this Act,

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1		except as expressly authorized by this subsection (c), the
2		Commission may not, upon its own motion or upon complaint,
3		investigate, suspend, disapprove, condition, or otherwise
4		regulate the cessation of a telecommunications service to
5		an identifiable class or group of customers once initiated
6		by a Large Electing Provider under subsection (b) or (b-5)
7		of this Section or this subsection (c).
8		(220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
9		Sec. 13-407. Commission study and report. The Commission
10		shall monitor and analyze patterns of entry and exit and
11		changes in patterns of entry and exit for each relevant market
12		for telecommunications services, including emerging high speed
13		telecommunications markets and broadband services. The
14		Commission shall include its findings together with
15		appropriate recommendations for legislative action in its
16		annual report to the General Assembly. The Commission shall
17		provide an analysis of entry and exit, along with changes in
18		patterns of entry and exit, for broadband services in its
19		annual report to the General Assembly.
20		In preparing its annual report, the Commission may obtain
21		any information on broadband services that has been collected
22		or is in the possession of the Department of Commerce and
23		Economic Opportunity pursuant to the High Speed Internet
24		Services and Information Technology Act. The Commission shall
25		coordinate with the Department of Commerce and Economic

HB1811 Enrolled - 167 - LRB100 08000 SMS 18081 b
1		Opportunity in collecting information to avoid a duplication of
2		efforts.
3		The Commission shall also monitor and analyze the status of
4		deployment of services to consumers, and any resulting "digital
5		divisions" between consumers, including any changes or trends
6		therein. The Commission shall include its findings together
7		with appropriate recommendations for legislative action in its
8		annual report to the General Assembly. In preparing this
9		analysis the Commission shall evaluate information provided by
10		certificated telecommunications carriers, registered
11		Interconnected VoIP providers, and Facilities-based Providers
12		of Broadband Connections to End User Locations that pertains to
13		the state of competition in telecommunications markets
14		including, but not limited to:
15		(1) the number and type of firms providing
16		telecommunications services and broadband services, within
17		the State;
18		(2) the services offered by these firms to both retail
19		and wholesale customers;
20		(3) the extent to which customers and other providers
21		are purchasing the firms' services; and
22		(4) the technologies or methods by which these firms
23		provide these services, including descriptions of
24		technologies in place and under development, and the degree
25		to which firms rely on other wholesale providers to provide
26		service to their own customers.

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1		The Commission shall at a minimum assess the variability in
2		this information according to geography, examining variability
3		by exchange, wirecenter, or zip code, and by customer class,
4		examining, at a minimum, the variability between residential
5		and small, medium, and large business customers. The Commission
6		shall provide an analysis of market trends by collecting this
7		information from certificated telecommunications carriers,
8		registered Interconnected VoIP providers, and Facilities-based
9		Providers of Broadband Connections to End User Locations within
10		the State. The Commission shall also collect all information,
11		in a format determined by the Commission, that the Commission
12		deems necessary to assist in monitoring and analyzing the
13		telecommunications markets and broadband market, along with
14		the status of competition and deployment of telecommunications
15		services and broadband services to consumers in the State.
16		Notwithstanding any other provision of this Act,
17		certificated telecommunications carriers and registered
18		Interconnected VoIP providers shall report to the Commission
19		such information, with the exception of broadband information,
20		requested by the Commission necessary to satisfy the reporting
21		requirements of items (1) through (4) of this Section. The
22		Commission may coordinate and work with the Department of
23		Commerce and Economic Opportunity to avoid duplication of
24		collection of information that is collected pursuant to the
25		High Speed Internet Services and Information Technology Act.
26		For the purposes of this Section:

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1		"Broadband connections" include wired lines or
2		wireless channels that enable the end user to receive
3		information from or send information to the Internet at
4		information transfer rates exceeding 200 kbps in at least
5		one direction.
6		"End user" includes a residential, business,
7		institutional, or government entity who uses broadband
8		services for its own purposes and who does not resell such
9		services to other entities or incorporate such services
10		into retail Internet-access services. For purposes of this
11		Section, an Internet Service Provider (ISP) is not an end
12		user of a broadband connection.
13		"Facilities-based Provider of Broadband Connections to
14		End User Locations" means an entity that meets any of the
15		following conditions:
16		(i) It owns the portion of the physical facility
17		that terminates at the end user location.
18		(ii) It obtains unbundled network elements (UNEs),
19		special access lines, or other leased facilities that
20		terminate at the end user location and provisions or
21		equips them as broadband.
22		(iii) It provisions or equips a broadband wireless
23		channel to the end user location over licensed or
24		unlicensed spectrum.
25		"Facilities-based Provider of Broadband Connections to
26		End User Locations" does not include providers of

HB1811 Enrolled - 170 - LRB100 08000 SMS 18081 b
1		terrestrial fixed wireless services (such as Wi-Fi and
2		other wireless Ethernet, or wireless local area network,
3		applications) that only enable local distribution and
4		sharing of a premises broadband facility and does not
5		include air-to-ground services.
6		(Source: P.A. 96-927, eff. 6-15-10.)
7		(220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
8		Sec. 13-501. Tariff; filing.
9		(a) No telecommunications carrier shall offer or provide
10		noncompetitive telecommunications service, telecommunications
11		service subject to subsection (g) of Section 13-506.2 or
12		Section 13-900.1 or 13-900.2 of this Act, or telecommunications
13		service referred to in an interconnection agreement as a
14		tariffed service unless and until a tariff is filed with the
15		Commission which describes the nature of the service,
16		applicable rates and other charges, terms and conditions of
17		service, and the exchange, exchanges or other geographical area
18		or areas in which the service shall be offered or provided. The
19		Commission may prescribe the form of such tariff and any
20		additional data or information which shall be included therein.
21		(b) After a hearing regarding a telecommunications service
22		subject to subsection (a) of this Section, the Commission has
23		the discretion to impose an interim or permanent tariff on a
24		telecommunications carrier as part of the order in the case.
25		When a tariff is imposed as part of the order in a case, the

HB1811 Enrolled - 171 - LRB100 08000 SMS 18081 b
1		tariff shall remain in full force and effect until a compliance
2		tariff, or superseding tariff, is filed by the
3		telecommunications carrier and, after notice to the parties in
4		the case and after a compliance hearing is held, is found by
5		the Commission to be in compliance with the Commission's order.
6		(c) A telecommunications carrier shall offer or provide
7		telecommunications service that is not subject to subsection
8		(a) of this Section pursuant to either a tariff filed with the
9		Commission or a written service offering that shall be
10		available on the telecommunications carrier's website as
11		required by Section 13-503 of this Act and that describes the
12		nature of the service, applicable rates and other charges,
13		terms and conditions of service. Revenue from competitive
14		retail telecommunications service received by a
15		telecommunications carrier pursuant to either a tariff or a
16		written service offering shall be gross revenue for purposes of
17		Section 2-202 of this Act.
18		(Source: P.A. 98-45, eff. 6-28-13.)
19		(220 ILCS 5/13-501.5)
20		Sec. 13-501.5. Directory assistance service for the blind.
21		A telecommunications carrier that provides directory
22		assistance service shall provide in its tariffs or its written
23		service offering pursuant to subsection (c) of Section 13-501
24		of this Act for that service that directory assistance shall be
25		provided at no charge to its customers who are legally blind

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1		for telephone numbers of customers located within the same
2		calling area, as described in the telecommunications carrier's
3		tariff.
4		(Source: P.A. 98-45, eff. 6-28-13.)
5		(220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
6		Sec. 13-502. Classification of services.
7		(a) All telecommunications services offered or provided
8		under tariff by telecommunications carriers shall be
9		classified as either competitive or noncompetitive. A
10		telecommunications carrier may offer or provide either
11		competitive or noncompetitive telecommunications services, or
12		both, subject to proper certification and other applicable
13		provisions of this Article. Any tariff filed with the
14		Commission as required by Section 13-501 shall indicate whether
15		the service to be offered or provided is competitive or
16		noncompetitive.
17		(b) A service shall be classified as competitive only if,
18		and only to the extent that, for some identifiable class or
19		group of customers in an exchange, group of exchanges, or some
20		other clearly defined geographical area, such service, or its
21		functional equivalent, or a substitute service, is reasonably
22		available from more than one provider, whether or not any such
23		provider is a telecommunications carrier subject to regulation
24		under this Act. All telecommunications services not properly
25		classified as competitive shall be classified as

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1		noncompetitive. The Commission shall have the power to
2		investigate the propriety of any classification of a
3		telecommunications service on its own motion and shall
4		investigate upon complaint. In any hearing or investigation,
5		the burden of proof as to the proper classification of any
6		service shall rest upon the telecommunications carrier
7		providing the service. After notice and hearing, the Commission
8		shall order the proper classification of any service in whole
9		or in part. The Commission shall make its determination and
10		issue its final order no later than 180 days from the date such
11		hearing or investigation is initiated. If the Commission enters
12		into a hearing upon complaint and if the Commission fails to
13		issue an order within that period, the complaint shall be
14		deemed granted unless the Commission, the complainant, and the
15		telecommunications carrier providing the service agree to
16		extend the time period.
17		(c) In determining whether a service should be reclassified
18		as competitive, the Commission shall, at a minimum, consider
19		the following factors:
20		(1) the number, size, and geographic distribution of
21		other providers of the service;
22		(2) the availability of functionally equivalent
23		services in the relevant geographic area and the ability of
24		telecommunications carriers or other persons to make the
25		same, equivalent, or substitutable service readily
26		available in the relevant market at comparable rates,

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1		terms, and conditions;
2		(3) the existence of economic, technological, or any
3		other barriers to entry into, or exit from, the relevant
4		market;
5		(4) the extent to which other telecommunications
6		companies must rely upon the service of another
7		telecommunications carrier to provide telecommunications
8		service; and
9		(5) any other factors that may affect competition and
10		the public interest that the Commission deems appropriate.
11		(d) No tariff classifying a new telecommunications service
12		as competitive or reclassifying a previously noncompetitive
13		telecommunications service as competitive, which is filed by a
14		telecommunications carrier which also offers or provides
15		noncompetitive telecommunications service, shall be effective
16		unless and until such telecommunications carrier offering or
17		providing, or seeking to offer or provide, such proposed
18		competitive service prepares and files a study of the long-run
19		service incremental cost underlying such service and
20		demonstrates that the tariffed rates and charges for the
21		service and any relevant group of services that includes the
22		proposed competitive service and for which resources are used
23		in common solely by that group of services are not less than
24		the long-run service incremental cost of providing the service
25		and each relevant group of services. Such study shall be given
26		proprietary treatment by the Commission at the request of such

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1		carrier if any other provider of the competitive service, its
2		functional equivalent, or a substitute service in the
3		geographical area described by the proposed tariff has not
4		filed, or has not been required to file, such a study.
5		(e) In the event any telecommunications service has been
6		classified and filed as competitive by the telecommunications
7		carrier, and has been offered or provided on such basis, and
8		the Commission subsequently determines after investigation
9		that such classification improperly included services which
10		were in fact noncompetitive, the Commission shall have the
11		power to determine and order refunds to customers for any
12		overcharges which may have resulted from the improper
13		classification, or to order such other remedies provided to it
14		under this Act, or to seek an appropriate remedy or relief in a
15		court of competent jurisdiction.
16		(f) If no hearing or investigation regarding the propriety
17		of a competitive classification of a telecommunications
18		service is initiated within 180 days after a telecommunications
19		carrier files a tariff listing such telecommunications service
20		as competitive, no refunds to customers for any overcharges
21		which may result from an improper classification shall be
22		ordered for the period from the time the telecommunications
23		carrier filed such tariff listing the service as competitive up
24		to the time an investigation of the service classification is
25		initiated by the Commission's own motion or the filing of a
26		complaint. Where a hearing or an investigation regarding the

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1		propriety of a telecommunications service classification as
2		competitive is initiated after 180 days from the filing of the
3		tariff, the period subject to refund for improper
4		classification shall begin on the date such investigation or
5		hearing is initiated by the filing of a Commission motion or a
6		complaint.
7		(Source: P.A. 92-22, eff. 6-30-01.)
8		(220 ILCS 5/13-502.5)
9		Sec. 13-502.5. Services alleged to be improperly
10		classified.
11		(a) Any action or proceeding pending before the Commission
12		upon the effective date of this amendatory Act of the 92nd
13		General Assembly in which it is alleged that a
14		telecommunications carrier has improperly classified services
15		as competitive, other than a case pertaining to Section
16		13-506.1, shall be abated and shall not be maintained or
17		continued.
18		(b) All retail telecommunications services provided to
19		business end users by any telecommunications carrier subject,
20		as of May 1, 2001, to alternative regulation under an
21		alternative regulation plan pursuant to Section 13-506.1 of
22		this Act shall be classified as competitive as of the effective
23		date of this amendatory Act of the 92nd General Assembly
24		without further Commission review. Rates for retail
25		telecommunications services provided to business end users

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1		with 4 or fewer access lines shall not exceed the rates the
2		carrier charged for those services on May 1, 2001. This
3		restriction upon the rates of retail telecommunications
4		services provided to business end users shall remain in force
5		and effect through July 1, 2005; provided, however, that
6		nothing in this Section shall be construed to prohibit
7		reduction of those rates. Rates for retail telecommunications
8		services provided to business end users with 5 or more access
9		lines shall not be subject to the restrictions set forth in
10		this subsection.
11		(c) All retail vertical services, as defined herein, that
12		are provided by a telecommunications carrier subject, as of May
13		1, 2001, to alternative regulation under an alternative
14		regulation plan pursuant to Section 13-506.1 of this Act shall
15		be classified as competitive as of June 1, 2003 without further
16		Commission review. Retail vertical services shall include, for
17		purposes of this Section, services available on a subscriber's
18		telephone line that the subscriber pays for on a periodic or
19		per use basis, but shall not include caller identification and
20		call waiting.
21		(d) Any action or proceeding before the Commission upon the
22		effective date of this amendatory Act of the 92nd General
23		Assembly, in which it is alleged that a telecommunications
24		carrier has improperly classified services as competitive,
25		other than a case pertaining to Section 13-506.1, shall be
26		abated and the services the classification of which is at issue

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1		shall be deemed either competitive or noncompetitive as set
2		forth in this Section. Any telecommunications carrier subject
3		to an action or proceeding in which it is alleged that the
4		telecommunications carrier has improperly classified services
5		as competitive shall be deemed liable to refund, and shall
6		refund, the sum of $90,000,000 to that class or those classes
7		of its customers that were alleged to have paid rates in excess
8		of noncompetitive rates as the result of the alleged improper
9		classification. The telecommunications carrier shall make the
10		refund no later than 120 days after the effective date of this
11		amendatory Act of the 92nd General Assembly.
12		(e) Any telecommunications carrier subject to an action or
13		proceeding in which it is alleged that the telecommunications
14		carrier has improperly classified services as competitive
15		shall also pay the sum of $15,000,000 to the Digital Divide
16		Elimination Fund established pursuant to Section 5-20 of the
17		Eliminate the Digital Divide Law, and shall further pay the sum
18		of $15,000,000 to the Digital Divide Elimination
19		Infrastructure Fund established pursuant to Section 13-301.3
20		of this Act. The telecommunications carrier shall make each of
21		these payments in 3 installments of $5,000,000, payable on July
22		1 of 2002, 2003, and 2004. The telecommunications carrier shall
23		have no further accounting for these payments, which shall be
24		used for the purposes established in the Eliminate the Digital
25		Divide Law.
26		(f) All other services shall be classified pursuant to

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1		Section 13-502 of this Act.
2		(Source: P.A. 92-22, eff. 6-30-01.)
3		(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
4		Sec. 13-503. Information available to the public. With
5		respect to rates or other charges made, demanded, or received
6		for any telecommunications service offered, provided, or to be
7		provided, that is subject to subsection (a) of Section 13-501
8		of this Act, telecommunications carriers shall comply with the
9		publication and filing provisions of Sections 9-101, 9-102,
10		9-102.1, and 9-201 of this Act. Except for the provision of
11		services offered or provided by payphone providers pursuant to
12		a tariff, telecommunications carriers shall make all tariffs
13		and all written service offerings for competitive
14		telecommunications service available electronically to the
15		public without requiring a password or other means of
16		registration. A telecommunications carrier's website shall, if
17		applicable, provide in a conspicuous manner information on the
18		rates, charges, terms, and conditions of service available and
19		a toll-free telephone number that may be used to contact an
20		agent for assistance with obtaining rate or other charge
21		information or the terms and conditions of service.
22		(Source: P.A. 98-45, eff. 6-28-13.)
23		(220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
24		Sec. 13-504. Application of ratemaking provisions of

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1		Article IX.
2		(a) Except where the context clearly renders such
3		provisions inapplicable, the ratemaking provisions of Article
4		IX of this Act relating to public utilities are fully and
5		equally applicable to the rates, charges, tariffs and
6		classifications for the offer or provision of noncompetitive
7		telecommunications services. However, the ratemaking
8		provisions do not apply to any proposed change in rates or
9		charges, any proposed change in any classification or tariff
10		resulting in a change in rates or charges, or the establishment
11		of new services and rates therefor for a noncompetitive local
12		exchange telecommunications service offered or provided by a
13		local exchange telecommunications carrier with no more than
14		35,000 subscriber access lines. Proposed changes in rates,
15		charges, classifications, or tariffs meeting these criteria
16		shall be permitted upon the filing of the proposed tariff and
17		30 days notice to the Commission and all potentially affected
18		customers. The proposed changes shall not be subject to
19		suspension. The Commission shall investigate whether any
20		proposed change is just and reasonable only if a
21		telecommunications carrier that is a customer of the local
22		exchange telecommunications carrier or 10% of the potentially
23		affected access line subscribers of the local exchange
24		telecommunications carrier shall file a petition or complaint
25		requesting an investigation of the proposed changes. When the
26		telecommunications carrier or 10% of the potentially affected

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1		access line subscribers of a local exchange telecommunications
2		carrier file a complaint, the Commission shall, after notice
3		and hearing, have the power and duty to establish the rates,
4		charges, classifications, or tariffs it finds to be just and
5		reasonable.
6		(b) Subsection (c) of Section 13-502 and Sections 13-505.1,
7		13-505.4, 13-505.6, and 13-507 of this Article do not apply to
8		rates or charges or proposed changes in rates or charges for
9		applicable competitive or interexchange services when offered
10		or provided by a local exchange telecommunications carrier with
11		no more than 35,000 subscriber access lines. In addition,
12		Sections 13-514, 13-515, and 13-516 do not apply to
13		telecommunications carriers with no more than 35,000
14		subscriber access lines. The Commission may require
15		telecommunications carriers with no more than 35,000
16		subscriber access lines to furnish information that the
17		Commission deems necessary for a determination that rates and
18		charges for any competitive telecommunications service are
19		just and reasonable.
20		(c) For a local exchange telecommunications carrier with no
21		more than 35,000 access lines, the Commission shall consider
22		and adjust, as appropriate, a local exchange
23		telecommunications carrier's depreciation rates only in
24		ratemaking proceedings.
25		(d) Article VI and Sections 7-101 and 7-102 of Article VII
26		of this Act pertaining to public utilities, public utility

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1		rates and services, and the regulation thereof are not
2		applicable to local exchange telecommunication carriers with
3		no more than 35,000 subscriber access lines.
4		(Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.)
5		(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
6		Sec. 13-505. Rate changes; competitive services. Any
7		proposed increase or decrease in rates or charges, or proposed
8		change in any classification, written service offering, or
9		tariff resulting in an increase or decrease in rates or
10		charges, for a competitive telecommunications service shall be
11		permitted upon the filing with the Commission or posting on the
12		telecommunications carrier's website of the proposed rate,
13		charge, classification, written service offering, or tariff
14		pursuant to Section 13-501 of this Act. Notice of an increase
15		shall be given, no later than the prior billing cycle, to all
16		potentially affected customers by mail or equivalent means of
17		notice, including electronic if the customer has elected
18		electronic billing. Additional notice by publication in a
19		newspaper of general circulation may also be given.
20		(Source: P.A. 98-45, eff. 6-28-13.)
21		(220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)
22		Sec. 13-505.2. Nondiscrimination in the provision of
23		noncompetitive services. A telecommunications carrier that
24		offers both noncompetitive and competitive services shall

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1		offer the noncompetitive services under the same rates, terms,
2		and conditions without unreasonable discrimination to all
3		persons, including all telecommunications carriers and
4		competitors. A telecommunications carrier that offers a
5		noncompetitive service together with any optional feature or
6		functionality shall offer the noncompetitive service together
7		with each optional feature or functionality under the same
8		rates, terms, and conditions without unreasonable
9		discrimination to all persons, including all
10		telecommunications carriers and competitors.
11		(Source: P.A. 87-856.)
12		(220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3)
13		Sec. 13-505.3. Services for resale. A telecommunications
14		carrier that offers both noncompetitive and competitive
15		services shall offer all noncompetitive services, together
16		with each applicable optional feature or functionality,
17		subject to resale; however, the Commission may determine under
18		Article IX of this Act that certain noncompetitive services,
19		together with each applicable optional feature or
20		functionality, that are offered to residence customers under
21		different rates, charges, terms, or conditions than to other
22		customers should not be subject to resale under the rates,
23		charges, terms, or conditions available only to residence
24		customers.
25		(Source: P.A. 87-856.)

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1		(220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
2		Sec. 13-505.4. Provision of noncompetitive services.
3		(a) A telecommunications carrier that offers or provides a
4		noncompetitive service, service element, feature, or
5		functionality on a separate, stand-alone basis to any customer
6		shall provide that service, service element, feature, or
7		functionality pursuant to tariff to all persons, including all
8		telecommunications carriers and competitors, in accordance
9		with the provisions of this Article.
10		(b) A telecommunications carrier that offers or provides a
11		noncompetitive service, service element, feature, or
12		functionality to any customer as part of an offering of
13		competitive services pursuant to tariff or contract shall
14		publicly disclose the offering or provisioning of the
15		noncompetitive service, service element, feature, or
16		functionality by filing with the Commission information that
17		generally describes the offering or provisioning and that shows
18		the rates, terms, and conditions of the noncompetitive service,
19		service element, feature, or functionality. The information
20		shall be filed with the Commission concurrently with the filing
21		of the tariff or not more than 10 days following the customer's
22		acceptance of the offering in a contract.
23		(c) A telecommunications carrier that is not subject to
24		regulation under an alternative regulation plan pursuant to
25		Section 13-506.1 of this Act may reduce the rate or charge for

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1		a noncompetitive service, service element, feature, or
2		functionality offered to customers on a separate, stand-alone
3		basis or as part of a bundled service offering by filing with
4		the Commission a tariff that shows the reduced rate or charge
5		and all applicable terms and conditions of the noncompetitive
6		service, service element, feature, or functionality or bundled
7		offering. The reduction of rates or charges shall be permitted
8		upon the filing of the proposed rate, charge, classification,
9		tariff, or bundled offering. The total price of a bundled
10		offering shall not attribute any portion of the charge to
11		services subject to the jurisdiction of the Commission and
12		shall not be binding on the Commission in any proceeding under
13		Article IX of this Act to set the revenue requirement or to set
14		just and reasonable rates for services subject to the
15		jurisdiction of the Commission. Prices for bundles shall not be
16		subject to Section 13-505.1 of this Act. For purposes of this
17		subsection (c), a bundle is a group of services offered
18		together for a fixed price where at least one of the services
19		is an interLATA service as that term is defined in 47 U.S.C.
20		153(21), a cable service or a video service, a community
21		antenna television service, a satellite broadcast service, a
22		public mobile service as defined in Section 13-214 of this Act,
23		or an advanced telecommunications service as "advanced
24		telecommunications services" is defined in Section 13-517 of
25		this Act.
26		(Source: P.A. 95-9, eff. 6-30-07.)

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1		(220 ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5)
2		Sec. 13-505.5. Requests for new noncompetitive services.
3		Any party may petition the Commission to request the provision
4		of a noncompetitive service not currently provided by a local
5		exchange carrier within its service territory. The Commission
6		shall grant the petition, provided that it can be demonstrated
7		that the provisioning of the requested service is technically
8		and economically practicable considering demand for the
9		service, and absent a finding that provision of the service is
10		otherwise contrary to the public interest. The Commission shall
11		render its decision within 180 days after the filing of the
12		petition unless extension of the time period is agreed to by
13		all the parties to the proceeding.
14		(Source: P.A. 87-856.)
15		(220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6)
16		Sec. 13-505.6. Unbundling of noncompetitive services. A
17		telecommunications carrier that provides both noncompetitive
18		and competitive telecommunications services shall provide all
19		noncompetitive telecommunications services on an unbundled
20		basis to the same extent the Federal Communications Commission
21		requires that carrier to unbundle the same services provided
22		under its jurisdiction. The Illinois Commerce Commission may
23		require additional unbundling of noncompetitive
24		telecommunications services over which it has jurisdiction

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1		based on a determination, after notice and hearing, that
2		additional unbundling is in the public interest and is
3		consistent with the policy goals and other provisions of this
4		Act.
5		(Source: P.A. 87-856.)
6		(220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
7		Sec. 13-506.1. Alternative forms of regulation for
8		noncompetitive services.
9		(a) Notwithstanding any of the ratemaking provisions of
10		this Article or Article IX that are deemed to require rate of
11		return regulation, the Commission may implement alternative
12		forms of regulation in order to establish just and reasonable
13		rates for noncompetitive telecommunications services
14		including, but not limited to, price regulation, earnings
15		sharing, rate moratoria, or a network modernization plan. The
16		Commission is authorized to adopt different forms of regulation
17		to fit the particular characteristics of different
18		telecommunications carriers and their service areas.
19		In addition to the public policy goals declared in Section
20		13-103, the Commission shall consider, in determining the
21		appropriateness of any alternative form of regulation, whether
22		it will:
23		(1) reduce regulatory delay and costs over time;
24		(2) encourage innovation in services;
25		(3) promote efficiency;

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1		(4) facilitate the broad dissemination of technical
2		improvements to all classes of ratepayers;
3		(5) enhance economic development of the State; and
4		(6) provide for fair, just, and reasonable rates.
5		(b) A telecommunications carrier providing noncompetitive
6		telecommunications services may petition the Commission to
7		regulate the rates or charges of its noncompetitive services
8		under an alternative form of regulation. The
9		telecommunications carrier shall submit with its petition its
10		plan for an alternative form of regulation. The Commission
11		shall review and may modify or reject the carrier's proposed
12		plan. The Commission also may initiate consideration of
13		alternative forms of regulation for a telecommunications
14		carrier on its own motion. The Commission may approve the plan
15		or modified plan and authorize its implementation only if it
16		finds, after notice and hearing, that the plan or modified plan
17		at a minimum:
18		(1) is in the public interest;
19		(2) will produce fair, just, and reasonable rates for
20		telecommunications services;
21		(3) responds to changes in technology and the structure
22		of the telecommunications industry that are, in fact,
23		occurring;
24		(4) constitutes a more appropriate form of regulation
25		based on the Commission's overall consideration of the
26		policy goals set forth in Section 13-103 and this Section;

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1		(5) specifically identifies how ratepayers will
2		benefit from any efficiency gains, cost savings arising out
3		of the regulatory change, and improvements in productivity
4		due to technological change;
5		(6) will maintain the quality and availability of
6		telecommunications services; and
7		(7) will not unduly or unreasonably prejudice or
8		disadvantage any particular customer class, including
9		telecommunications carriers.
10		(c) An alternative regulation plan approved under this
11		Section shall provide, as a condition for Commission approval
12		of the plan, that for the first 3 years the plan is in effect,
13		basic residence service rates shall be no higher than those
14		rates in effect 180 days before the filing of the plan. This
15		provision shall not be used as a justification or rationale for
16		an increase in basic service rates for any other customer
17		class. For purposes of this Section, "basic residence service
18		rates" shall mean monthly recurring charges for the
19		telecommunications carrier's lowest priced primary residence
20		network access lines, along with any associated untimed or flat
21		rate local usage charges. Nothing in this subsection (c) shall
22		preclude the Commission from approving an alternative
23		regulation plan that results in rate reductions provided all
24		the requirements of subsection (b) are satisfied by the plan.
25		(d) Any alternative form of regulation granted for a
26		multi-year period under this Section shall provide for annual

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1		or more frequent reporting to the Commission to document that
2		the requirements of the plan are being properly implemented.
3		(e) Upon petition by the telecommunications carrier or any
4		other person or upon its own motion, the Commission may rescind
5		its approval of an alternative form of regulation if, after
6		notice and hearing, it finds that the conditions set forth in
7		subsection (b) of this Section can no longer be satisfied. Any
8		person may file a complaint alleging that the rates charged by
9		a telecommunications carrier under an alternative form of
10		regulation are unfair, unjust, unreasonable, unduly
11		discriminatory, or are otherwise not consistent with the
12		requirements of this Article; provided, that the complainant
13		shall bear the burden of proving the allegations in the
14		complaint.
15		(f) Nothing in this Section shall be construed to authorize
16		the Commission to render Sections 9-241, 9-250, and 13-505.2
17		inapplicable to noncompetitive services.
18		(Source: P.A. 87-856.)
19		(220 ILCS 5/13-506.2)
20		Sec. 13-506.2. Market regulation for competitive retail
21		services.
22		(a) Definitions. As used in this Section:
23		(1) "Electing Provider" means a telecommunications
24		carrier that is subject to either rate regulation pursuant
25		to Section 13-504 or Section 13-505 or alternative

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1		regulation pursuant to Section 13-506.1 and that elects to
2		have the rates, terms, and conditions of its competitive
3		retail telecommunications services solely determined and
4		regulated pursuant to the terms of this Article.
5		(2) "Basic local exchange service" means either a
6		stand-alone residence network access line and per-call
7		usage or, for any geographic area in which such stand-alone
8		service is not offered, a stand-alone flat rate residence
9		network access line for which local calls are not charged
10		for frequency or duration. Extended Area Service shall be
11		included in basic local exchange service.
12		(3) "Existing customer" means a residential customer
13		who was subscribing to one of the optional packages
14		described in subsection (d) of this Section as of the
15		effective date of this amendatory Act of the 99th General
16		Assembly. A customer who was subscribing to one of the
17		optional packages on that date but stops subscribing
18		thereafter shall not be considered an "existing customer"
19		as of the date the customer stopped subscribing to the
20		optional package, unless the stoppage is temporary and
21		caused by the customer changing service address locations,
22		or unless the customer resumes subscribing and is eligible
23		to receive discounts on monthly telephone service under the
24		federal Lifeline program, 47 C.F.R. Part 54, Subpart E.
25		(4) "New customer" means a residential customer who was
26		not subscribing to one of the optional packages described

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1		in subsection (d) of this Section as of the effective date
2		of this amendatory Act of the 99th General Assembly and who
3		is eligible to receive discounts on monthly telephone
4		service under the federal Lifeline program, 47 C.F.R. Part
5		54, Subpart E.
6		(b) Election for market regulation. Notwithstanding any
7		other provision of this Act, an Electing Provider may elect to
8		have the rates, terms, and conditions of its competitive retail
9		telecommunications services solely determined and regulated
10		pursuant to the terms of this Section by filing written notice
11		of its election for market regulation with the Commission. The
12		notice of election shall designate the geographic area of the
13		Electing Provider's service territory where the market
14		regulation shall apply, either on a state-wide basis or in one
15		or more specified Market Service Areas ("MSA") or Exchange
16		areas. An Electing Provider shall not make an election for
17		market regulation under this Section unless it commits in its
18		written notice of election for market regulation to fulfill the
19		conditions and requirements in this Section in each geographic
20		area in which market regulation is elected. Immediately upon
21		filing the notice of election for market regulation, the
22		Electing Provider shall be subject to the jurisdiction of the
23		Commission to the extent expressly provided in this Section.
24		(c) Competitive classification. Market regulation shall be
25		available for competitive retail telecommunications services
26		as provided in this subsection.

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1		(1) For geographic areas in which telecommunications
2		services provided by the Electing Provider were classified
3		as competitive either through legislative action or a
4		tariff filing pursuant to Section 13-502 prior to January
5		1, 2010, and that are included in the Electing Provider's
6		notice of election pursuant to subsection (b) of this
7		Section, such services, and all recurring and nonrecurring
8		charges associated with, related to or used in connection
9		with such services, shall be classified as competitive
10		without further Commission review. For services classified
11		as competitive pursuant to this subsection, the
12		requirements or conditions in any order or decision
13		rendered by the Commission pursuant to Section 13-502 prior
14		to the effective date of this amendatory Act of the 96th
15		General Assembly, except for the commitments made by the
16		Electing Provider in such order or decision concerning the
17		optional packages required in subsection (d) of this
18		Section and basic local exchange service as defined in this
19		Section, shall no longer be in effect and no Commission
20		investigation, review, or proceeding under Section 13-502
21		shall be continued, conducted, or maintained with respect
22		to such services, charges, requirements, or conditions. If
23		an Electing Provider has ceased providing optional
24		packages to customers pursuant to subdivision (d)(8) of
25		this Section, the commitments made by the Electing Provider
26		in such order or decision concerning the optional packages

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1		under subsection (d) of this Section shall no longer be in
2		effect and no Commission investigation, review, or
3		proceeding under Section 13-502 shall be continued,
4		conducted, or maintained with respect to such packages.
5		(2) For those geographic areas in which residential
6		local exchange telecommunications services have not been
7		classified as competitive as of the effective date of this
8		amendatory Act of the 96th General Assembly, all
9		telecommunications services provided to residential and
10		business end users by an Electing Provider in the
11		geographic area that is included in its notice of election
12		pursuant to subsection (b) shall be classified as
13		competitive for purposes of this Article without further
14		Commission review.
15		(3) If an Electing Provider was previously subject to
16		alternative regulation pursuant to Section 13-506.1 of
17		this Article, the alternative regulation plan shall
18		terminate in whole for all services subject to that plan
19		and be of no force or effect, without further Commission
20		review or action, when the Electing Provider's residential
21		local exchange telecommunications service in each MSA in
22		its telecommunications service area in the State has been
23		classified as competitive pursuant to either subdivision
24		(c)(1) or (c)(2) of this Section.
25		(4) The service packages described in Section 13-518
26		shall be classified as competitive for purposes of this

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1		Section if offered by an Electing Provider in a geographic
2		area in which local exchange telecommunications service
3		has been classified as competitive pursuant to either
4		subdivision (c)(1) or (c)(2) of this Section.
5		(5) Where a service, or its functional equivalent, or a
6		substitute service offered by a carrier that is not an
7		Electing Provider or the incumbent local exchange carrier
8		for that area is also being offered by an Electing Provider
9		for some identifiable class or group of customers in an
10		exchange, group of exchanges, or some other clearly defined
11		geographical area, the service offered by a carrier that is
12		not an Electing Provider or the incumbent local exchange
13		carrier for that area shall be classified as competitive
14		without further Commission review.
15		(6) Notwithstanding any other provision of this Act,
16		retail telecommunications services classified as
17		competitive pursuant to Section 13-502 or subdivision
18		(c)(5) of this Section shall have their rates, terms, and
19		conditions solely determined and regulated pursuant to the
20		terms of this Section in the same manner and to the same
21		extent as the competitive retail telecommunications
22		services of an Electing Provider, except that subsections
23		(d), (g), and (j) of this Section shall not apply to a
24		carrier that is not an Electing Provider or to the
25		competitive telecommunications services of a carrier that
26		is not an Electing Provider. The access services of a

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1		carrier that is not an Electing Provider shall remain
2		subject to Section 13-900.2. The requirements in
3		subdivision (e)(3) of this Section shall not apply to
4		retail telecommunications services classified as
5		competitive pursuant to Section 13-502 or subdivision
6		(c)(5) of this Section, except that, upon request from the
7		Commission, the telecommunications carrier providing
8		competitive retail telecommunications services shall
9		provide a report showing the number of credits and
10		exemptions for the requested time period.
11		(d) Consumer choice safe harbor options.
12		(1) Subject to subdivision (d)(8) of this Section, an
13		Electing Provider in each of the MSA or Exchange areas
14		classified as competitive pursuant to subdivision (c)(1)
15		or (c)(2) of this Section shall offer to all residential
16		customers who choose to subscribe the following optional
17		packages of services priced at the same rate levels in
18		effect on January 1, 2010:
19		(A) A basic package, which shall consist of a
20		stand-alone residential network access line and 30
21		local calls. If the Electing Provider offers a
22		stand-alone residential access line and local usage on
23		a per call basis, the price for the basic package shall
24		be the Electing Provider's applicable price in effect
25		on January 1, 2010 for the sum of a residential access
26		line and 30 local calls, additional calls over 30 calls

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1		shall be provided at the current per call rate.
2		However, this basic package is not required if
3		stand-alone residential network access lines or
4		per-call local usage are not offered by the Electing
5		Provider in the geographic area on January 1, 2010 or
6		if the Electing Provider has not increased its
7		stand-alone network access line and local usage rates,
8		including Extended Area Service rates, since January
9		1, 2010.
10		(B) An extra package, which shall consist of
11		residential basic local exchange network access line
12		and unlimited local calls. The price for the extra
13		package shall be the Electing Provider's applicable
14		price in effect on January 1, 2010 for a residential
15		access line with unlimited local calls.
16		(C) A plus package, which shall consist of
17		residential basic local exchange network access line,
18		unlimited local calls, and the customer's choice of 2
19		vertical services offered by the Electing Provider.
20		The term "vertical services" as used in this
21		subsection, includes, but is not limited to, call
22		waiting, call forwarding, 3-way calling, caller ID,
23		call tracing, automatic callback, repeat dialing, and
24		voicemail. The price for the plus package shall be the
25		Electing Provider's applicable price in effect on
26		January 1, 2010 for the sum of a residential access

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1		line with unlimited local calls and 2 times the average
2		price for the vertical features included in the
3		package.
4		(2) Subject to subdivision (d)(8) of this Section, for
5		those geographic areas in which local exchange
6		telecommunications services were classified as competitive
7		on the effective date of this amendatory Act of the 96th
8		General Assembly, an Electing Provider in each such MSA or
9		Exchange area shall be subject to the same terms and
10		conditions as provided in commitments made by the Electing
11		Provider in connection with such previous competitive
12		classifications, which shall apply with equal force under
13		this Section, except as follows: (i) the limits on price
14		increases on the optional packages required by this Section
15		shall be extended consistent with subsection (d)(1) of this
16		Section and (ii) the price for the extra package required
17		by subsection (d)(1)(B) shall be reduced by one dollar from
18		the price in effect on January 1, 2010. In addition, if an
19		Electing Provider obtains a competitive classification
20		pursuant to subsection (c)(1) and (c)(2), the price for the
21		optional packages shall be determined in such area in
22		compliance with subsection (d)(1), except the price for the
23		plus package required by subsection (d)(1) (C) shall be the
24		lower of the price for such area or the price of the plus
25		package in effect on January 1, 2010 for areas classified
26		as competitive pursuant to subsection (c)(1).

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1		(3) To the extent that the requirements in Section
2		13-518 applied to a telecommunications carrier prior to the
3		effective date of this Section and that telecommunications
4		carrier becomes an Electing Provider in accordance with the
5		provisions of this Section, the requirements in Section
6		13-518 shall cease to apply to that Electing Provider in
7		those geographic areas included in the Electing Provider's
8		notice of election pursuant to subsection (b) of this
9		Section.
10		(4) Subject to subdivision (d)(8) of this Section, an
11		Electing Provider shall make the optional packages
12		required by this subsection and stand-alone residential
13		network access lines and local usage, where offered,
14		readily available to the public by providing information,
15		in a clear manner, to residential customers. Information
16		shall be made available on a website, and an Electing
17		Provider shall provide notification to its customers every
18		6 months, provided that notification may consist of a bill
19		page message that provides an objective description of the
20		safe harbor options that includes a telephone number and
21		website address where the customer may obtain additional
22		information about the packages from the Electing Provider.
23		The optional packages shall be offered on a monthly basis
24		with no term of service requirement. An Electing Provider
25		shall allow online electronic ordering of the optional
26		packages and stand-alone residential network access lines

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1		and local usage, where offered, on its website in a manner
2		similar to the online electronic ordering of its other
3		residential services.
4		(5) Subject to subdivision (d)(8) of this Section, an
5		Electing Provider shall comply with the Commission's
6		existing rules, regulations, and notices in Title 83, Part
7		735 of the Illinois Administrative Code when offering or
8		providing the optional packages required by this
9		subsection (d) and stand-alone residential network access
10		lines.
11		(6) Subject to subdivision (d)(8) of this Section, an
12		Electing Provider shall provide to the Commission
13		semi-annual subscribership reports as of June 30 and
14		December 31 that contain the number of its customers
15		subscribing to each of the consumer choice safe harbor
16		packages required by subsection (d)(1) of this Section and
17		the number of its customers subscribing to retail
18		residential basic local exchange service as defined in
19		subsection (a)(2) of this Section. The first semi-annual
20		reports shall be made on April 1, 2011 for December 31,
21		2010, and on September 1, 2011 for June 30, 2011, and
22		semi-annually on April 1 and September 1 thereafter. Such
23		subscribership information shall be accorded confidential
24		and proprietary treatment upon request by the Electing
25		Provider.
26		(7) The Commission shall have the power, after notice

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1		and hearing as provided in this Article, upon complaint or
2		upon its own motion, to take corrective action if the
3		requirements of this Section are not complied with by an
4		Electing Provider.
5		(8) On and after the effective date of this amendatory
6		Act of the 99th General Assembly, an Electing Provider
7		shall continue to offer and provide the optional packages
8		described in this subsection (d) to existing customers and
9		new customers. On and after July 1, 2017, an Electing
10		Provider may immediately stop offering the optional
11		packages described in this subsection (d) and, upon
12		providing two notices to affected customers and to the
13		Commission, may stop providing the optional packages
14		described in this subsection (d) to all customers who
15		subscribe to one of the optional packages. The first notice
16		shall be provided at least 90 days before the date upon
17		which the Electing Provider intends to stop providing the
18		optional packages, and the second notice must be provided
19		at least 30 days before that date. The first notice shall
20		not be provided prior to July 1, 2017. Each notice must
21		identify the date on which the Electing Provider intends to
22		stop providing the optional packages, at least one
23		alternative service available to the customer, and a
24		telephone number by which the customer may contact a
25		service representative of the Electing Provider. After
26		July 1, 2017 with respect to new customers, and upon the

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1		expiration of the second notice period with respect to
2		customers who were subscribing to one of the optional
3		packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
4		(d)(6), and (d)(7) of this Section shall not apply to the
5		Electing Provider. Notwithstanding any other provision of
6		this Article, an Electing Provider that has ceased
7		providing the optional packages under this subdivision
8		(d)(8) is not subject to Section 13-301(1)(c) of this Act.
9		Notwithstanding any other provision of this Act, and
10		subject to subdivision (d)(7) of this Section, the
11		Commission's authority over the discontinuance of the
12		optional packages described in this subsection (d) by an
13		Electing Provider shall be governed solely by this
14		subsection (d)(8).
15		(e) Service quality and customer credits for basic local
16		exchange service.
17		(1) An Electing Provider shall meet the following
18		service quality standards in providing basic local
19		exchange service, which for purposes of this subsection
20		(e), includes both basic local exchange service and any
21		consumer choice safe harbor options that may be required by
22		subsection (d) of this Section.
23		(A) Install basic local exchange service within 5
24		business days after receipt of an order from the
25		customer unless the customer requests an installation
26		date that is beyond 5 business days after placing the

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1		order for basic service and to inform the customer of
2		the Electing Provider's duty to install service within
3		this timeframe. If installation of service is
4		requested on or by a date more than 5 business days in
5		the future, the Electing Provider shall install
6		service by the date requested.
7		(B) Restore basic local exchange service for the
8		customer within 30 hours after receiving notice that
9		the customer is out of service.
10		(C) Keep all repair and installation appointments
11		for basic local exchange service if a customer premises
12		visit requires a customer to be present. The
13		appointment window shall be either a specific time or,
14		at a maximum, a 4-hour time block during evening,
15		weekend, and normal business hours.
16		(D) Inform a customer when a repair or installation
17		appointment requires the customer to be present.
18		(2) Customers shall be credited by the Electing
19		Provider for violations of basic local exchange service
20		quality standards described in subdivision (e)(1) of this
21		Section. The credits shall be applied automatically on the
22		statement issued to the customer for the next monthly
23		billing cycle following the violation or following the
24		discovery of the violation. The next monthly billing cycle
25		following the violation or the discovery of the violation
26		means the billing cycle immediately following the billing

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1		cycle in process at the time of the violation or discovery
2		of the violation, provided the total time between the
3		violation or discovery of the violation and the issuance of
4		the credit shall not exceed 60 calendar days. The Electing
5		Provider is responsible for providing the credits and the
6		customer is under no obligation to request such credits.
7		The following credits shall apply:
8		(A) If an Electing Provider fails to repair an
9		out-of-service condition for basic local exchange
10		service within 30 hours, the Electing Provider shall
11		provide a credit to the customer. If the service
12		disruption is for more than 30 hours, but not more than
13		48 hours, the credit must be equal to a pro-rata
14		portion of the monthly recurring charges for all basic
15		local exchange services disrupted. If the service
16		disruption is for more than 48 hours, but not more than
17		72 hours, the credit must be equal to at least 33% of
18		one month's recurring charges for all local services
19		disrupted. If the service disruption is for more than
20		72 hours, but not more than 96 hours, the credit must
21		be equal to at least 67% of one month's recurring
22		charges for all basic local exchange services
23		disrupted. If the service disruption is for more than
24		96 hours, but not more than 120 hours, the credit must
25		be equal to one month's recurring charges for all basic
26		local exchange services disrupted. For each day or

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1		portion thereof that the service disruption continues
2		beyond the initial 120-hour period, the Electing
3		Provider shall also provide an additional credit of $20
4		per calendar day.
5		(B) If an Electing Provider fails to install basic
6		local exchange service as required under subdivision
7		(e)(1) of this Section, the Electing Provider shall
8		waive 50% of any installation charges, or in the
9		absence of an installation charge or where
10		installation is pursuant to the Link Up program, the
11		Electing Provider shall provide a credit of $25. If an
12		Electing Provider fails to install service within 10
13		business days after the service application is placed,
14		or fails to install service within 5 business days
15		after the customer's requested installation date, if
16		the requested date was more than 5 business days after
17		the date of the order, the Electing Provider shall
18		waive 100% of the installation charge, or in the
19		absence of an installation charge or where
20		installation is provided pursuant to the Link Up
21		program, the Electing Provider shall provide a credit
22		of $50. For each day that the failure to install
23		service continues beyond the initial 10 business days,
24		or beyond 5 business days after the customer's
25		requested installation date, if the requested date was
26		more than 5 business days after the date of the order,

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1		the Electing Provider shall also provide an additional
2		credit of $20 per calendar day until the basic local
3		exchange service is installed.
4		(C) If an Electing Provider fails to keep a
5		scheduled repair or installation appointment when a
6		customer premises visit requires a customer to be
7		present as required under subdivision (e)(1) of this
8		Section, the Electing Provider shall credit the
9		customer $25 per missed appointment. A credit required
10		by this subdivision does not apply when the Electing
11		Provider provides the customer notice of its inability
12		to keep the appointment no later than 8:00 pm of the
13		day prior to the scheduled date of the appointment.
14		(D) Credits required by this subsection do not
15		apply if the violation of a service quality standard:
16		(i) occurs as a result of a negligent or
17		willful act on the part of the customer;
18		(ii) occurs as a result of a malfunction of
19		customer-owned telephone equipment or inside
20		wiring;
21		(iii) occurs as a result of, or is extended by,
22		an emergency situation as defined in 83 Ill. Adm.
23		Code 732.10;
24		(iv) is extended by the Electing Provider's
25		inability to gain access to the customer's
26		premises due to the customer missing an

HB1811 Enrolled - 207 - LRB100 08000 SMS 18081 b
1		appointment, provided that the violation is not
2		further extended by the Electing Provider;
3		(v) occurs as a result of a customer request to
4		change the scheduled appointment, provided that
5		the violation is not further extended by the
6		Electing Provider;
7		(vi) occurs as a result of an Electing
8		Provider's right to refuse service to a customer as
9		provided in Commission rules; or
10		(vii) occurs as a result of a lack of
11		facilities where a customer requests service at a
12		geographically remote location, where a customer
13		requests service in a geographic area where the
14		Electing Provider is not currently offering
15		service, or where there are insufficient
16		facilities to meet the customer's request for
17		service, subject to an Electing Provider's
18		obligation for reasonable facilities planning.
19		(3) Each Electing Provider shall provide to the
20		Commission on a quarterly basis and in a form suitable for
21		posting on the Commission's website in conformance with the
22		rules adopted by the Commission and in effect on April 1,
23		2010, a public report that includes the following data for
24		basic local exchange service quality of service:
25		(A) With regard to credits due in accordance with
26		subdivision (e)(2)(A) as a result of out-of-service

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1		conditions lasting more than 30 hours:
2		(i) the total dollar amount of any customer
3		credits paid;
4		(ii) the number of credits issued for repairs
5		between 30 and 48 hours;
6		(iii) the number of credits issued for repairs
7		between 49 and 72 hours;
8		(iv) the number of credits issued for repairs
9		between 73 and 96 hours;
10		(v) the number of credits used for repairs
11		between 97 and 120 hours;
12		(vi) the number of credits issued for repairs
13		greater than 120 hours; and
14		(vii) the number of exemptions claimed for
15		each of the categories identified in subdivision
16		(e)(2)(D).
17		(B) With regard to credits due in accordance with
18		subdivision (e)(2)(B) as a result of failure to install
19		basic local exchange service:
20		(i) the total dollar amount of any customer
21		credits paid;
22		(ii) the number of installations after 5
23		business days;
24		(iii) the number of installations after 10
25		business days;
26		(iv) the number of installations after 11

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1		business days; and
2		(v) the number of exemptions claimed for each
3		of the categories identified in subdivision
4		(e)(2)(D).
5		(C) With regard to credits due in accordance with
6		subdivision (e)(2)(C) as a result of missed
7		appointments:
8		(i) the total dollar amount of any customer
9		credits paid;
10		(ii) the number of any customers receiving
11		credits; and
12		(iii) the number of exemptions claimed for
13		each of the categories identified in subdivision
14		(e)(2)(D).
15		(D) The Electing Provider's annual report required
16		by this subsection shall also include, for
17		informational reporting, the performance data
18		described in subdivisions (e)(2)(A), (e)(2)(B), and
19		(e)(2)(C), and trouble reports per 100 access lines
20		calculated using the Commission's existing applicable
21		rules and regulations for such measures, including the
22		requirements for service standards established in this
23		Section.
24		(4) It is the intent of the General Assembly that the
25		service quality rules and customer credits in this
26		subsection (e) of this Section and other enforcement

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1		mechanisms, including fines and penalties authorized by
2		Section 13-305, shall apply on a nondiscriminatory basis to
3		all Electing Providers. Accordingly, notwithstanding any
4		provision of any service quality rules promulgated by the
5		Commission, any alternative regulation plan adopted by the
6		Commission, or any other order of the Commission, any
7		Electing Provider that is subject to any other order of the
8		Commission and that violates or fails to comply with the
9		service quality standards promulgated pursuant to this
10		subsection (e) or any other order of the Commission shall
11		not be subject to any fines, penalties, customer credits,
12		or enforcement mechanisms other than such fines or
13		penalties or customer credits as may be imposed by the
14		Commission in accordance with the provisions of this
15		subsection (e) and Section 13-305, which are to be
16		generally applicable to all Electing Providers. The amount
17		of any fines or penalties imposed by the Commission for
18		failure to comply with the requirements of this subsection
19		(e) shall be an appropriate amount, taking into account, at
20		a minimum, the Electing Provider's gross annual intrastate
21		revenue; the frequency, duration, and recurrence of the
22		violation; and the relative harm caused to the affected
23		customers or other users of the network. In imposing fines
24		and penalties, the Commission shall take into account
25		compensation or credits paid by the Electing Provider to
26		its customers pursuant to this subsection (e) in

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1		compensation for any violation found pursuant to this
2		subsection (e), and in any event the fine or penalty shall
3		not exceed an amount equal to the maximum amount of a civil
4		penalty that may be imposed under Section 13-305.
5		(5) An Electing Provider in each of the MSA or Exchange
6		areas classified as competitive pursuant to subsection (c)
7		of this Section shall fulfill the requirements in
8		subdivision (e)(3) of this Section for 3 years after its
9		notice of election becomes effective. After such 3 years,
10		the requirements in subdivision (e)(3) of this Section
11		shall not apply to such Electing Provider, except that,
12		upon request from the Commission, the Electing Provider
13		shall provide a report showing the number of credits and
14		exemptions for the requested time period.
15		(f) Commission jurisdiction over competitive retail
16		telecommunications services. Except as otherwise expressly
17		stated in this Section, the Commission shall thereafter have no
18		jurisdiction or authority over any aspect of competitive retail
19		telecommunications service of an Electing Provider in those
20		geographic areas included in the Electing Provider's notice of
21		election pursuant to subsection (b) of this Section or of a
22		retail telecommunications service classified as competitive
23		pursuant to Section 13-502 or subdivision (c)(5) of this
24		Section, heretofore subject to the jurisdiction of the
25		Commission, including but not limited to, any requirements of
26		this Article related to the terms, conditions, rates, quality

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1		of service, availability, classification or any other aspect of
2		any competitive retail telecommunications services. No
3		telecommunications carrier shall commit any unfair or
4		deceptive act or practice in connection with any aspect of the
5		offering or provision of any competitive retail
6		telecommunications service. Nothing in this Article shall
7		limit or affect any provisions in the Consumer Fraud and
8		Deceptive Business Practices Act with respect to any unfair or
9		deceptive act or practice by a telecommunications carrier.
10		(g) Commission authority over access services upon
11		election for market regulation.
12		(1) As part of its Notice of Election for Market
13		Regulation, the Electing Provider shall reduce its
14		intrastate switched access rates to rates no higher than
15		its interstate switched access rates in 4 installments. The
16		first reduction must be made 30 days after submission of
17		its complete application for Notice of Election for Market
18		Regulation, and the Electing Provider must reduce its
19		intrastate switched access rates by an amount equal to 33%
20		of the difference between its current intrastate switched
21		access rates and its current interstate switched access
22		rates. The second reduction must be made no later than one
23		year after the first reduction, and the Electing Provider
24		must reduce its then current intrastate switched access
25		rates by an amount equal to 41% of the difference between
26		its then current intrastate switched access rates and its

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1		then current interstate switched access rates. The third
2		reduction must be made no later than one year after the
3		second reduction, and the Electing Provider must reduce its
4		then current intrastate switched access rates by an amount
5		equal to 50% of the difference between its then current
6		intrastate switched access rate and its then current
7		interstate switched access rates. The fourth reduction
8		must be made on or before June 30, 2013, and the Electing
9		Provider must reduce its intrastate switched access rate to
10		mirror its then current interstate switched access rates
11		and rate structure. Following the fourth reduction, each
12		Electing Provider must continue to set its intrastate
13		switched access rates to mirror its interstate switched
14		access rates and rate structure. For purposes of this
15		subsection, the rate for intrastate switched access
16		service means the composite, per-minute rate for that
17		service, including all applicable fixed and
18		traffic-sensitive charges, including, but not limited to,
19		carrier common line charges.
20		(2) Nothing in paragraph (1) of this subsection (g)
21		prohibits an Electing Provider from electing to offer
22		intrastate switched access service at rates lower than its
23		interstate switched access rates.
24		(3) The Commission shall have no authority to order an
25		Electing Provider to set its rates for intrastate switched
26		access at a level lower than its interstate switched access

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1		rates.
2		(4) The Commission's authority under this subsection
3		(g) shall only apply to Electing Providers under Market
4		Regulation. The Commission's authority over switched
5		access services for all other carriers is retained under
6		Section 13-900.2 of this Act.
7		(h) Safety of service equipment and facilities.
8		(1) An Electing Provider shall furnish, provide, and
9		maintain such service instrumentalities, equipment, and
10		facilities as shall promote the safety, health, comfort,
11		and convenience of its patrons, employees, and public and
12		as shall be in all respects adequate, reliable, and
13		efficient without discrimination or delay. Every Electing
14		Provider shall provide service and facilities that are in
15		all respects environmentally safe.
16		(2) The Commission is authorized to conduct an
17		investigation of any Electing Provider or part thereof. The
18		investigation may examine the reasonableness, prudence, or
19		efficiency of any aspect of the Electing Provider's
20		operations or functions that may affect the adequacy,
21		safety, efficiency, or reliability of telecommunications
22		service. The Commission may conduct or order an
23		investigation only when it has reasonable grounds to
24		believe that the investigation is necessary to assure that
25		the Electing Provider is providing adequate, efficient,
26		reliable, and safe service. The Commission shall, before

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1		initiating any such investigation, issue an order
2		describing the grounds for the investigation and the
3		appropriate scope and nature of the investigation, which
4		shall be reasonably related to the grounds relied upon by
5		the Commission in its order.
6		(i) (Blank).
7		(j) Application of Article VII. The provisions of Sections
8		7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
9		applicable to an Electing Provider offering or providing retail
10		telecommunications service, and the Commission's regulation
11		thereof, except that (1) the approval of contracts and
12		arrangements with affiliated interests required by paragraph
13		(3) of Section 7-101 shall not apply to such telecommunications
14		carriers provided that, except as provided in item (2), those
15		contracts and arrangements shall be filed with the Commission;
16		(2) affiliated interest contracts or arrangements entered into
17		by such telecommunications carriers where the increased
18		obligation thereunder does not exceed the lesser of $5,000,000
19		or 5% of such carrier's prior annual revenue from
20		noncompetitive services are not required to be filed with the
21		Commission; and (3) any consent and approval of the Commission
22		required by Section 7-102 is not required for the sale, lease,
23		assignment, or transfer by any Electing Provider of any
24		property that is not necessary or useful in the performance of
25		its duties to the public.
26		(k) Notwithstanding other provisions of this Section, the

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1		Commission retains its existing authority to enforce the
2		provisions, conditions, and requirements of the following
3		Sections of this Article: 13-101, 13-103, 13-201, 13-301,
4		13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
5		13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
6		13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,
7		13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,
8		13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,
9		13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,
10		13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully
11		and equally applicable to Electing Providers and to
12		telecommunications carriers providing retail
13		telecommunications service classified as competitive pursuant
14		to Section 13-502 or subdivision (c)(5) of this Section subject
15		to the provisions of this Section. On the effective date of
16		this amendatory Act of the 98th General Assembly, the following
17		Sections of this Article shall cease to apply to Electing
18		Providers and to telecommunications carriers providing retail
19		telecommunications service classified as competitive pursuant
20		to Section 13-502 or subdivision (c)(5) of this Section:
21		13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,
22		13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,
23		13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,
24		and 13-712.
25		(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)

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1		(220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)
2		Sec. 13-507. In any proceeding permitting, approving,
3		investigating, or establishing rates, charges,
4		classifications, or tariffs for telecommunications services
5		offered or provided by a telecommunications carrier that offers
6		or provides both noncompetitive and competitive services, the
7		Commission shall not allow any subsidy of competitive services
8		or nonregulated activities by noncompetitive services. In the
9		event that facilities are utilized or expenses are incurred for
10		the provision of both competitive and noncompetitive services,
11		the Commission shall apportion the facilities and expenses
12		between noncompetitive services in the aggregate and
13		competitive services in the aggregate and shall allow or
14		establish rates or charges for the noncompetitive services
15		which reflect only that portion of the facilities or expenses
16		that it finds to be properly and reasonably apportioned to
17		noncompetitive services. An apportionment of facilities or
18		expenses between competitive and noncompetitive services,
19		together with any corresponding rate changes, shall be made in
20		general rate proceedings and in other proceedings, including
21		service classification proceedings, that are necessary to
22		ensure against any subsidy of competitive services by
23		noncompetitive services. The Commission shall have the power to
24		take or require such action as is necessary to ensure that
25		rates or charges for noncompetitive services reflect only the
26		value of facilities, or portion thereof, used and useful, and

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1		the expenses or portion thereof reasonably and prudently
2		incurred, for the provision of the noncompetitive services. The
3		Commission may, in such event, also establish, by rule, any
4		additional procedures, rules, regulations, or mechanisms
5		necessary to identify and properly account for the value or
6		amount of such facilities or expenses.
7		The Commission may establish, by rule, appropriate methods
8		for ensuring against cross-subsidization between competitive
9		services and noncompetitive services as required under this
10		Article, including appropriate methods for calculating the
11		long-run service incremental costs of providing any
12		telecommunications service and, when appropriate, group of
13		services and methods for apportioning between noncompetitive
14		services in the aggregate and competitive services in the
15		aggregate the value of facilities utilized and expenses
16		incurred to provide both competitive and noncompetitive
17		services, for example, common overheads that are not accounted
18		for in the long-run service incremental costs of individual
19		services or groups of services. The Commission may order any
20		telecommunications carrier to conduct a long-run service
21		incremental cost study and to provide the results thereof to
22		the Commission. Any cost study provided to the Commission
23		pursuant to the provisions of this Section may, in the
24		Commission's discretion, be accorded proprietary treatment. In
25		addition to the requirements of subsection (c) of Section
26		13-502 and of Section 13-505.1 applicable to the rates and

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1		charges for individual competitive services, the aggregate
2		gross revenues of all competitive services shall be equal to or
3		greater than the sum of the long-run service incremental costs
4		for all competitive services as a group and the value of other
5		facilities and expenses apportioned to competitive services as
6		a group under this Section.
7		(Source: P.A. 87-856.)
8		(220 ILCS 5/13-507.1)
9		Sec. 13-507.1. In any proceeding permitting, approving,
10		investigating, or establishing rates, charges,
11		classifications, or tariffs for telecommunications services
12		classified as noncompetitive offered or provided by an
13		incumbent local exchange carrier as that term is defined in
14		Section 13-202.1 of this Act, the Commission shall not allow
15		any subsidy of Internet services, cable services, or video
16		services by the rates or charges for local exchange
17		telecommunications services, including local services
18		classified as noncompetitive.
19		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
20		(220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
21		Sec. 13-508. The Commission is authorized, after notice and
22		hearing, to order a telecommunications carrier which offers or
23		provides both competitive and noncompetitive
24		telecommunications service to establish a fully separated

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1		subsidiary to provide all or part of such competitive service
2		where:
3		(a) no less costly means is available and effective in
4		fully and properly identifying and allocating costs between
5		such carrier's competitive and noncompetitive
6		telecommunications services; and
7		(b) the incremental cost of establishing and maintaining
8		such subsidiary would not require increases in rates or charges
9		to levels which would effectively preclude the offer or
10		provision of the affected competitive telecommunications
11		service.
12		(Source: P.A. 84-1063.)
13		(220 ILCS 5/13-508.1) (from Ch. 111 2/3, par. 13-508.1)
14		Sec. 13-508.1. Separate subsidiary requirement for certain
15		electronic publishing. A telecommunications carrier that
16		offers or provides both competitive and noncompetitive
17		services shall not provide (1) electronically published news,
18		feature, or entertainment material of the type generally
19		published in newspapers, or (2) electronic advertising
20		services, except through a fully separated subsidiary;
21		provided, however, that a telecommunications carrier shall be
22		allowed to resell, without editing the content, news, feature,
23		or entertainment material of the type generally published in
24		newspapers that it purchases from an unaffiliated entity or
25		from a separate subsidiary to the extent the separate

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1		subsidiary makes that material available to all other persons
2		under the same rates, terms, and conditions. Nothing in this
3		Section shall prohibit a telecommunications carrier from
4		electronic advertising of its own regulated services or from
5		providing tariffed telecommunications services to a separate
6		subsidiary or an unaffiliated entity that provides
7		electronically published news, feature, or entertainment
8		material or electronic advertising services.
9		(Source: P.A. 87-856.)
10		(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
11		Sec. 13-509. Agreements for provisions of competitive
12		telecommunications services differing from tariffs or written
13		service offerings. A telecommunications carrier may negotiate
14		with customers or prospective customers to provide competitive
15		telecommunications service, and in so doing, may offer or agree
16		to provide such service on such terms and for such rates or
17		charges as are reasonable, without regard to any tariffs it may
18		have filed with the Commission or written service offerings
19		posted on the telecommunications carrier's website pursuant to
20		Section 13-501(c) of this Act with respect to such services.
21		Upon request of the Commission, the telecommunications carrier
22		shall submit to the Commission written notice of a list of any
23		such agreements (which list may be filed electronically) within
24		the past year. The notice shall identify the general nature of
25		all such agreements. A copy of each such agreement shall be

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1		provided to the Commission within 10 business days after a
2		request for review of the agreement is made by the Commission
3		or is made to the Commission by another telecommunications
4		carrier or by a party to such agreement.
5		Any agreement or notice entered into or submitted pursuant
6		to the provisions of this Section may, in the Commission's
7		discretion, be accorded proprietary treatment.
8		(Source: P.A. 98-45, eff. 6-28-13.)
9		(220 ILCS 5/13-510) (from Ch. 111 2/3, par. 13-510)
10		Sec. 13-510. Compensation of payphone providers. Any
11		telecommunications carrier using the facilities or services of
12		a payphone provider shall pay the provider just and reasonable
13		compensation for the use of those facilities or services to
14		complete billable operator services calls and for any other use
15		that the Commission determines appropriate consistent with the
16		provisions of this Act. The compensation shall be determined by
17		the Commission subject to the provisions of this Act. This
18		Section shall not apply to the extent a telecommunications
19		carrier and a payphone provider have reached their own written
20		compensation agreement.
21		(Source: P.A. 87-856.)
22		(220 ILCS 5/13-512)
23		Sec. 13-512. Rules; review. The Commission shall have
24		general rulemaking authority to make rules necessary to enforce

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1		this Article. However, not later than 270 days after the
2		effective date of this amendatory Act of 1997, and every 2
3		years thereafter, the Commission shall review all rules issued
4		under this Article that apply to the operations or activities
5		of any telecommunications carrier. The Commission shall, after
6		notice and hearing, repeal or modify any rule it determines to
7		be no longer in the public interest as the result of the
8		reasonable availability of competitive telecommunications
9		services.
10		(Source: P.A. 90-185, eff. 7-23-97.)
11		(220 ILCS 5/13-513)
12		Sec. 13-513. Waiver of rules. A telecommunications carrier
13		may petition for waiver of the application of a rule issued
14		pursuant to this Act. The burden of proof in establishing the
15		right to a waiver shall be upon the petitioner. The petition
16		shall include a demonstration that the waiver would not harm
17		consumers and would not impede the development or operation of
18		a competitive market. Upon such demonstration, the Commission
19		may waive the application of a rule, but not the application of
20		a provision of this Act. The Commission may conduct an
21		investigation of the petition on its own motion or at the
22		request of a potentially affected person. If no investigation
23		is conducted, the waiver shall be deemed granted 30 days after
24		the petition is filed.
25		(Source: P.A. 90-185, eff. 7-23-97.)

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1		(220 ILCS 5/13-514)
2		Sec. 13-514. Prohibited actions of telecommunications
3		carriers. A telecommunications carrier shall not knowingly
4		impede the development of competition in any
5		telecommunications service market. The following prohibited
6		actions are considered per se impediments to the development of
7		competition; however, the Commission is not limited in any
8		manner to these enumerated impediments and may consider other
9		actions which impede competition to be prohibited:
10		(1) unreasonably refusing or delaying interconnections
11		or collocation or providing inferior connections to
12		another telecommunications carrier;
13		(2) unreasonably impairing the speed, quality, or
14		efficiency of services used by another telecommunications
15		carrier;
16		(3) unreasonably denying a request of another provider
17		for information regarding the technical design and
18		features, geographic coverage, information necessary for
19		the design of equipment, and traffic capabilities of the
20		local exchange network except for proprietary information
21		unless such information is subject to a proprietary
22		agreement or protective order;
23		(4) unreasonably delaying access in connecting another
24		telecommunications carrier to the local exchange network
25		whose product or service requires novel or specialized

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1		access requirements;
2		(5) unreasonably refusing or delaying access by any
3		person to another telecommunications carrier;
4		(6) unreasonably acting or failing to act in a manner
5		that has a substantial adverse effect on the ability of
6		another telecommunications carrier to provide service to
7		its customers;
8		(7) unreasonably failing to offer services to
9		customers in a local exchange, where a telecommunications
10		carrier is certificated to provide service and has entered
11		into an interconnection agreement for the provision of
12		local exchange telecommunications services, with the
13		intent to delay or impede the ability of the incumbent
14		local exchange telecommunications carrier to provide
15		inter-LATA telecommunications services;
16		(8) violating the terms of or unreasonably delaying
17		implementation of an interconnection agreement entered
18		into pursuant to Section 252 of the federal
19		Telecommunications Act of 1996;
20		(9) unreasonably refusing or delaying access to or
21		provision of operation support systems to another
22		telecommunications carrier or providing inferior operation
23		support systems to another telecommunications carrier;
24		(10) unreasonably failing to offer network elements
25		that the Commission or the Federal Communications
26		Commission has determined must be offered on an unbundled

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1		basis to another telecommunications carrier in a manner
2		consistent with the Commission's or Federal Communications
3		Commission's orders or rules requiring such offerings;
4		(11) violating the obligations of Section 13-801; and
5		(12) violating an order of the Commission regarding
6		matters between telecommunications carriers.
7		(Source: P.A. 98-45, eff. 6-28-13.)
8		(220 ILCS 5/13-515)
9		Sec. 13-515. Enforcement.
10		(a) The following expedited procedures shall be used to
11		enforce the provisions of Section 13-514 of this Act, provided
12		that, for a violation of paragraph (8) of Section 13-514 to
13		qualify for the expedited procedures of this Section, the
14		violation must be in a manner that unreasonably delays,
15		increases the cost, or impedes the availability of
16		telecommunications services to consumers. However, the
17		Commission, the complainant, and the respondent may mutually
18		agree to adjust the procedures established in this Section.
19		(b) (Blank).
20		(c) No complaint may be filed under this Section until the
21		complainant has first notified the respondent of the alleged
22		violation and offered the respondent 48 hours to correct the
23		situation. Provision of notice and the opportunity to correct
24		the situation creates a rebuttable presumption of knowledge
25		under Section 13-514. After the filing of a complaint under

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1		this Section, the parties may agree to follow the mediation
2		process under Section 10-101.1 of this Act. The time periods
3		specified in subdivision (d)(7) of this Section shall be tolled
4		during the time spent in mediation under Section 10-101.1.
5		(d) A telecommunications carrier may file a complaint with
6		the Commission alleging a violation of Section 13-514 in
7		accordance with this subsection:
8		(1) The complaint shall be filed with the Chief Clerk
9		of the Commission and shall be served in hand upon the
10		respondent, the executive director, and the general
11		counsel of the Commission at the time of the filing.
12		(2) A complaint filed under this subsection shall
13		include a statement that the requirements of subsection (c)
14		have been fulfilled and that the respondent did not correct
15		the situation as requested.
16		(3) Reasonable discovery specific to the issue of the
17		complaint may commence upon filing of the complaint.
18		Requests for discovery must be served in hand and responses
19		to discovery must be provided in hand to the requester
20		within 14 days after a request for discovery is made.
21		(4) An answer and any other responsive pleading to the
22		complaint shall be filed with the Commission and served in
23		hand at the same time upon the complainant, the executive
24		director, and the general counsel of the Commission within
25		7 days after the date on which the complaint is filed.
26		(5) If the answer or responsive pleading raises the

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1		issue that the complaint violates subsection (i) of this
2		Section, the complainant may file a reply to such
3		allegation within 3 days after actual service of such
4		answer or responsive pleading. Within 4 days after the time
5		for filing a reply has expired, the hearing officer or
6		arbitrator shall either issue a written decision
7		dismissing the complaint as frivolous in violation of
8		subsection (i) of this Section including the reasons for
9		such disposition or shall issue an order directing that the
10		complaint shall proceed.
11		(6) A pre-hearing conference shall be held within 14
12		days after the date on which the complaint is filed.
13		(7) The hearing shall commence within 30 days of the
14		date on which the complaint is filed. The hearing may be
15		conducted by a hearing examiner or by an arbitrator.
16		Parties and the Commission staff shall be entitled to
17		present evidence and legal argument in oral or written form
18		as deemed appropriate by the hearing examiner or
19		arbitrator. The hearing examiner or arbitrator shall issue
20		a written decision within 60 days after the date on which
21		the complaint is filed. The decision shall include reasons
22		for the disposition of the complaint and, if a violation of
23		Section 13-514 is found, directions and a deadline for
24		correction of the violation.
25		(8) Any party may file a petition requesting the
26		Commission to review the decision of the hearing examiner

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1		or arbitrator within 5 days of such decision. Any party may
2		file a response to a petition for review within 3 business
3		days after actual service of the petition. After the time
4		for filing of the petition for review, but no later than 15
5		days after the decision of the hearing examiner or
6		arbitrator, the Commission shall decide to adopt the
7		decision of the hearing examiner or arbitrator or shall
8		issue its own final order.
9		(e) If the alleged violation has a substantial adverse
10		effect on the ability of the complainant to provide service to
11		customers, the complainant may include in its complaint a
12		request for an order for emergency relief. The Commission,
13		acting through its designated hearing examiner or arbitrator,
14		shall act upon such a request within 2 business days of the
15		filing of the complaint. An order for emergency relief may be
16		granted, without an evidentiary hearing, upon a verified
17		factual showing that the party seeking relief will likely
18		succeed on the merits, that the party will suffer irreparable
19		harm in its ability to serve customers if emergency relief is
20		not granted, and that the order is in the public interest. An
21		order for emergency relief shall include a finding that the
22		requirements of this subsection have been fulfilled and shall
23		specify the directives that must be fulfilled by the respondent
24		and deadlines for meeting those directives. The decision of the
25		hearing examiner or arbitrator to grant or deny emergency
26		relief shall be considered an order of the Commission unless

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1		the Commission enters its own order within 2 calendar days of
2		the decision of the hearing examiner or arbitrator. The order
3		for emergency relief may require the responding party to act or
4		refrain from acting so as to protect the provision of
5		competitive service offerings to customers. Any action
6		required by an emergency relief order must be technically
7		feasible and economically reasonable and the respondent must be
8		given a reasonable period of time to comply with the order.
9		(f) The Commission is authorized to obtain outside
10		resources including, but not limited to, arbitrators and
11		consultants for the purposes of the hearings authorized by this
12		Section. Any arbitrator or consultant obtained by the
13		Commission shall be approved by both parties to the hearing.
14		The cost of such outside resources including, but not limited
15		to, arbitrators and consultants shall be borne by the parties.
16		The Commission shall review the bill for reasonableness and
17		assess the parties for reasonable costs dividing the costs
18		according to the resolution of the complaint brought under this
19		Section. Such costs shall be paid by the parties directly to
20		the arbitrators, consultants, and other providers of outside
21		resources within 60 days after receiving notice of the
22		assessments from the Commission. Interest at the statutory rate
23		shall accrue after expiration of the 60-day period. The
24		Commission, arbitrators, consultants, or other providers of
25		outside resources may apply to a court of competent
26		jurisdiction for an order requiring payment.

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1		(g) The Commission shall assess the parties under this
2		subsection for all of the Commission's costs of investigation
3		and conduct of the proceedings brought under this Section
4		including, but not limited to, the prorated salaries of staff,
5		attorneys, hearing examiners, and support personnel and
6		including any travel and per diem, directly attributable to the
7		complaint brought pursuant to this Section, but excluding those
8		costs provided for in subsection (f), dividing the costs
9		according to the resolution of the complaint brought under this
10		Section. All assessments made under this subsection shall be
11		paid into the Public Utility Fund within 60 days after
12		receiving notice of the assessments from the Commission.
13		Interest at the statutory rate shall accrue after the
14		expiration of the 60 day period. The Commission is authorized
15		to apply to a court of competent jurisdiction for an order
16		requiring payment.
17		(h) If the Commission determines that there is an imminent
18		threat to competition or to the public interest, the Commission
19		may, notwithstanding any other provision of this Act, seek
20		temporary, preliminary, or permanent injunctive relief from a
21		court of competent jurisdiction either prior to or after the
22		hearing.
23		(i) A party shall not bring or defend a proceeding brought
24		under this Section or assert or controvert an issue in a
25		proceeding brought under this Section, unless there is a
26		non-frivolous basis for doing so. By presenting a pleading,

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1		written motion, or other paper in complaint or defense of the
2		actions or inaction of a party under this Section, a party is
3		certifying to the Commission that to the best of that party's
4		knowledge, information, and belief, formed after a reasonable
5		inquiry of the subject matter of the complaint or defense, that
6		the complaint or defense is well grounded in law and fact, and
7		under the circumstances:
8		(1) it is not being presented to harass the other
9		party, cause unnecessary delay in the provision of
10		competitive telecommunications services to consumers, or
11		create needless increases in the cost of litigation; and
12		(2) the allegations and other factual contentions have
13		evidentiary support or, if specifically so identified, are
14		likely to have evidentiary support after reasonable
15		opportunity for further investigation or discovery as
16		defined herein.
17		(j) If, after notice and a reasonable opportunity to
18		respond, the Commission determines that subsection (i) has been
19		violated, the Commission shall impose appropriate sanctions
20		upon the party or parties that have violated subsection (i) or
21		are responsible for the violation. The sanctions shall be not
22		more than $30,000, plus the amount of expenses accrued by the
23		Commission for conducting the hearing. Payment of sanctions
24		imposed under this subsection shall be made to the Common
25		School Fund within 30 days of imposition of such sanctions.
26		(k) An appeal of a Commission Order made pursuant to this

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1		Section shall not effectuate a stay of the Order unless a court
2		of competent jurisdiction specifically finds that the party
3		seeking the stay will likely succeed on the merits, that the
4		party will suffer irreparable harm without the stay, and that
5		the stay is in the public interest.
6		(Source: P.A. 98-45, eff. 6-28-13.)
7		(220 ILCS 5/13-516)
8		Sec. 13-516. Enforcement remedies for prohibited actions
9		by telecommunications carriers.
10		(a) In addition to any other provision of this Act, all of
11		the following remedies may be applied for violations of Section
12		13-514, provided that, for a violation of paragraph (8) of
13		Section 13-514 to qualify for the remedies in this Section, the
14		violation must be in a manner that unreasonably delays,
15		increases the cost, or impedes the availability of
16		telecommunications services to consumers:
17		(1) A Commission order directing the violating
18		telecommunications carrier to cease and desist from
19		violating the Act or a Commission order or rule.
20		(2) Notwithstanding any other provision of this Act,
21		for a second and any subsequent violation of Section 13-514
22		committed by a telecommunications carrier after the
23		effective date of this amendatory Act of the 92nd General
24		Assembly, the Commission may impose penalties of up to
25		$30,000 or 0.00825% of the telecommunications carrier's

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1		gross intrastate annual telecommunications revenue,
2		whichever is greater, per violation unless the
3		telecommunications carrier has fewer than 35,000
4		subscriber access lines, in which case the civil penalty
5		may not exceed $2,000 per violation. The second and any
6		subsequent violation of Section 13-514 need not be of the
7		same nature or provision of the Section for a penalty to be
8		imposed. Matters resolved through voluntary mediation
9		pursuant to Section 10-101.1 shall not be considered as a
10		violation of Section 13-514 in computing eligibility for
11		imposition of a penalty under this subdivision (a)(2). Each
12		day of a continuing offense shall be treated as a separate
13		violation for purposes of levying any penalty under this
14		Section. The period for which the penalty shall be levied
15		shall commence on the day the telecommunications carrier
16		first violated Section 13-514 or on the day of the notice
17		provided to the telecommunications carrier pursuant to
18		subsection (c) of Section 13-515, whichever is later, and
19		shall continue until the telecommunications carrier is in
20		compliance with the Commission order. In assessing a
21		penalty under this subdivision (a)(2), the Commission may
22		consider mitigating factors, including those specified in
23		items (1) through (4) of subsection (a) of Section 13-304.
24		(3) The Commission shall award damages, attorney's
25		fees, and costs to any telecommunications carrier that was
26		subjected to a violation of Section 13-514.

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1		(b) The Commission may waive penalties imposed under
2		subdivision (a)(2) if it makes a written finding as to its
3		reasons for waiving the penalty. Reasons for waiving a penalty
4		shall include, but not be limited to, technological
5		infeasibility and acts of God.
6		(c) The Commission shall establish by rule procedures for
7		the imposition of remedies under subsection (a) that, at a
8		minimum, provide for notice, hearing and a written order
9		relating to the imposition of remedies.
10		(d) Unless enforcement of an order entered by the
11		Commission under Section 13-515 otherwise directs or is stayed
12		by the Commission or by an appellate court reviewing the
13		Commission's order, at any time after 30 days from the entry of
14		the order, either the Commission, or the telecommunications
15		carrier found by the Commission to have been subjected to a
16		violation of Section 13-514, or both, is authorized to petition
17		a court of competent jurisdiction for an order at law or in
18		equity requiring enforcement of the Commission order. The court
19		shall determine (1) whether the Commission entered the order
20		identified in the petition and (2) whether the violating
21		telecommunications carrier has complied with the Commission's
22		order. A certified copy of a Commission order shall be prima
23		facie evidence that the Commission entered the order so
24		certified. Pending the court's resolution of the petition, the
25		court may award temporary or preliminary injunctive relief, or
26		such other equitable relief as may be necessary, to effectively

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1		implement and enforce the Commission's order in a timely
2		manner.
3		If after a hearing the court finds that the Commission
4		entered the order identified in the petition and that the
5		violating telecommunications carrier has not complied with the
6		Commission's order, the court shall enter judgment requiring
7		the violating telecommunications carrier to comply with the
8		Commission's order and order such relief at law or in equity as
9		the court deems necessary to effectively implement and enforce
10		the Commission's order in a timely manner. The court shall also
11		award to the petitioner, or petitioners, attorney's fees and
12		costs, which shall be taxed and collected as part of the costs
13		of the case.
14		If the court finds that the violating telecommunications
15		carrier has failed to comply with the timely payment of
16		damages, attorney's fees, or costs ordered by the Commission,
17		the court shall order the violating telecommunications carrier
18		to pay to the telecommunications carrier or carriers awarded
19		the damages, fees, or costs by the Commission additional
20		damages for the sake of example and by way of punishment for
21		the failure to timely comply with the order of the Commission,
22		unless the court finds a reasonable basis for the violating
23		telecommunications carrier's failure to make timely payment
24		according to the Commission's order, in which instance the
25		court shall establish a new date for payment to be made.
26		(e) Payment of damages, attorney's fees, and costs imposed

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1		under subsection (a) shall be made within 30 days after
2		issuance of the Commission order imposing the penalties,
3		damages, attorney's fees, or costs, unless otherwise directed
4		by the Commission or a reviewing court under an appeal taken
5		pursuant to Article X. Payment of penalties imposed under
6		subsection (a) shall be made to the Common School Fund within
7		30 days of issuance of the Commission order imposing the
8		penalties.
9		(Source: P.A. 98-45, eff. 6-28-13.)
10		(220 ILCS 5/13-517)
11		Sec. 13-517. Provision of advanced telecommunications
12		services.
13		(a) Every Incumbent Local Exchange Carrier
14		(telecommunications carrier that offers or provides a
15		noncompetitive telecommunications service) shall offer or
16		provide advanced telecommunications services to not less than
17		80% of its customers by January 1, 2005.
18		(b) The Commission is authorized to grant a full or partial
19		waiver of the requirements of this Section upon verified
20		petition of any Incumbent Local Exchange Carrier ("ILEC") which
21		demonstrates that full compliance with the requirements of this
22		Section would be unduly economically burdensome or technically
23		infeasible or otherwise impractical in exchanges with low
24		population density. Notice of any such petition must be given
25		to all potentially affected customers. If no potentially

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1		affected customer requests the opportunity for a hearing on the
2		waiver petition, the Commission may, in its discretion, allow
3		the waiver request to take effect without hearing. The
4		Commission shall grant such petition to the extent that, and
5		for such duration as, the Commission determines that such
6		waiver:
7		(1) is necessary:
8		(A) to avoid a significant adverse economic impact
9		on users of telecommunications services generally;
10		(B) to avoid imposing a requirement that is unduly
11		economically burdensome;
12		(C) to avoid imposing a requirement that is
13		technically infeasible; or
14		(D) to avoid imposing a requirement that is
15		otherwise impractical to implement in exchanges with
16		low population density; and
17		(2) is consistent with the public interest,
18		convenience, and necessity.
19		The Commission shall act upon any petition filed under this
20		subsection within 180 days after receiving such petition. The
21		Commission may by rule establish standards for granting any
22		waiver of the requirements of this Section. The Commission may,
23		upon complaint or on its own motion, hold a hearing to
24		reconsider its grant of a waiver in whole or in part. In the
25		event that the Commission, following hearing, determines that
26		the affected ILEC no longer meets the requirements of item (2)

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1		of this subsection, the Commission shall by order rescind such
2		waiver, in whole or in part. In the event and to the degree the
3		Commission rescinds such waiver, the Commission shall
4		establish an implementation schedule for compliance with the
5		requirements of this Section.
6		(c) As used in this Section, "advanced telecommunications
7		services" means services capable of supporting, in at least one
8		direction, a speed in excess of 200 kilobits per second (kbps)
9		to the network demarcation point at the subscriber's premises.
10		(Source: P.A. 97-813, eff. 7-13-12.)
11		(220 ILCS 5/13-518)
12		Sec. 13-518. Optional service packages.
13		(a) It is the intent of this Section to provide unlimited
14		local service packages at prices that will result in savings
15		for the average consumer. Each telecommunications carrier that
16		provides competitive and noncompetitive services, and that is
17		subject to an alternative regulation plan pursuant to Section
18		13-506.1 of this Article, shall provide, in addition to such
19		other services as it offers, the following optional packages of
20		services for a fixed monthly rate, which, along with the terms
21		and conditions thereof, the Commission shall review, pursuant
22		to Article IX of this Act, to determine whether such rates,
23		terms, and conditions are fair, just, and reasonable.
24		(1) A budget package, which shall consist of
25		residential access service and unlimited local calls.

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1		(2) A flat rate package, which shall consist of
2		residential access service, unlimited local calls, and the
3		customer's choice of 2 vertical services as defined in this
4		Section.
5		(3) An enhanced flat rate package, which shall consist
6		of residential access service for 2 lines, unlimited local
7		calls, the customer's choice of 2 vertical services as
8		defined in this Section, and unlimited local toll service.
9		(b) Nothing in this Section or this Act shall be construed
10		to prohibit any telecommunications carrier subject to this
11		Section from charging customers who elect to take one of the
12		groups of services offered pursuant to this Section, any
13		applicable surcharges, fees, and taxes.
14		(c) The term "vertical services", when used in this
15		Section, includes, but is not necessarily limited to, call
16		waiting, call forwarding, 3-way calling, caller ID, call
17		tracing, automatic callback, repeat dialing, and voicemail.
18		(d) The service packages described in this Section shall be
19		defined as noncompetitive services.
20		(Source: P.A. 92-22, eff. 6-30-01.)
21		(220 ILCS 5/13-519)
22		Sec. 13-519. Fire alarm; discontinuance of service. When a
23		telecommunications carrier initiates a discontinuance of
24		service on a known emergency system or fire alarm system that
25		is required by the local authority to be a dedicated phone line

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1		circuit to the central dispatch of the fire department or fire
2		protection district or, if applicable, the police department,
3		the telecommunications carrier shall also transmit a copy of
4		the written notice of discontinuance to that local authority.
5		(Source: P.A. 93-412, eff. 1-1-04.)
6		(220 ILCS 5/13-601) (from Ch. 111 2/3, par. 13-601)
7		Sec. 13-601. Application of Article VII. The provisions of
8		Article VII of this Act are applicable only to
9		telecommunications carriers offering or providing
10		noncompetitive telecommunications service, and the
11		Commission's regulation thereof, except that (1) the approval
12		of contracts and arrangements with affiliated interests
13		required by paragraph (3) of Section 7-101 shall not apply to
14		such telecommunications carriers provided that, except as
15		provided in item (2), those contracts and arrangements shall be
16		filed with the Commission and (2) affiliated interest contracts
17		or arrangements entered into by such telecommunications
18		carriers where the increased obligation thereunder does not
19		exceed the lesser of $5,000,000 or 5% of such carrier's prior
20		annual revenue from noncompetitive services are not required to
21		be filed with the Commission.
22		(Source: P.A. 89-440, eff. 12-15-95.)
23		(220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)
24		Sec. 13-701. Notwithstanding any other provision of this

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1		Act to the contrary, the Commission has no power to supervise
2		or control any telephone cooperative as respects assessment
3		schedules or local service rates made or charged by such a
4		cooperative on a nondiscriminatory basis. In addition, the
5		Commission has no power to inquire into, or require the
6		submission of, the terms, conditions or agreements by or under
7		which telephone cooperatives are financed. A telephone
8		cooperative shall file with the Commission either a copy of the
9		annual financial report required by the Rural Electrification
10		Administration, or the annual financial report required of
11		other public utilities.
12		Sections 13-712 and 13-713 of this Act do not apply to
13		telephone cooperatives.
14		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
15		(220 ILCS 5/13-702) (from Ch. 111 2/3, par. 13-702)
16		Sec. 13-702. Every telecommunications carrier operating in
17		this State shall receive, transmit and deliver, without
18		discrimination or delay, the conversations, messages or other
19		transmissions of every other telecommunications carrier with
20		which a joint rate has been established or with whose line a
21		physical connection may have been made.
22		(Source: P.A. 84-1063.)
23		(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
24		Sec. 13-703. (a) The Commission shall design and implement

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1		a program whereby each telecommunications carrier providing
2		local exchange service shall provide a telecommunications
3		device capable of servicing the needs of those persons with a
4		hearing or speech disability together with a single party line,
5		at no charge additional to the basic exchange rate, to any
6		subscriber who is certified as having a hearing or speech
7		disability by a hearing care professional, as defined in the
8		Hearing Instrument Consumer Protection Act, a speech-language
9		pathologist, or a qualified State agency and to any subscriber
10		which is an organization serving the needs of those persons
11		with a hearing or speech disability as determined and specified
12		by the Commission pursuant to subsection (d).
13		(b) The Commission shall design and implement a program,
14		whereby each telecommunications carrier providing local
15		exchange service shall provide a telecommunications relay
16		system, using third party intervention to connect those persons
17		having a hearing or speech disability with persons of normal
18		hearing by way of intercommunications devices and the telephone
19		system, making available reasonable access to all phases of
20		public telephone service to persons who have a hearing or
21		speech disability. In order to design a telecommunications
22		relay system which will meet the requirements of those persons
23		with a hearing or speech disability available at a reasonable
24		cost, the Commission shall initiate an investigation and
25		conduct public hearings to determine the most cost-effective
26		method of providing telecommunications relay service to those

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1		persons who have a hearing or speech disability when using
2		telecommunications devices and therein solicit the advice,
3		counsel, and physical assistance of Statewide nonprofit
4		consumer organizations that serve persons with hearing or
5		speech disabilities in such hearings and during the development
6		and implementation of the system. The Commission shall phase in
7		this program, on a geographical basis, as soon as is
8		practicable, but no later than June 30, 1990.
9		(c) The Commission shall establish a competitively neutral
10		rate recovery mechanism that establishes charges in an amount
11		to be determined by the Commission for each line of a
12		subscriber to allow telecommunications carriers providing
13		local exchange service to recover costs as they are incurred
14		under this Section. Beginning no later than April 1, 2016, and
15		on a yearly basis thereafter, the Commission shall initiate a
16		proceeding to establish the competitively neutral amount to be
17		charged or assessed to subscribers of telecommunications
18		carriers and wireless carriers, Interconnected VoIP service
19		providers, and consumers of prepaid wireless
20		telecommunications service in a manner consistent with this
21		subsection (c) and subsection (f) of this Section. The
22		Commission shall issue its order establishing the
23		competitively neutral amount to be charged or assessed to
24		subscribers of telecommunications carriers and wireless
25		carriers, Interconnected VoIP service providers, and
26		purchasers of prepaid wireless telecommunications service on

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1		or prior to June 1 of each year, and such amount shall take
2		effect June 1 of each year.
3		Telecommunications carriers, wireless carriers,
4		Interconnected VoIP service providers, and sellers of prepaid
5		wireless telecommunications service shall have 60 days from the
6		date the Commission files its order to implement the new rate
7		established by the order.
8		(d) The Commission shall determine and specify those
9		organizations serving the needs of those persons having a
10		hearing or speech disability that shall receive a
11		telecommunications device and in which offices the equipment
12		shall be installed in the case of an organization having more
13		than one office. For the purposes of this Section,
14		"organizations serving the needs of those persons with hearing
15		or speech disabilities" means centers for independent living as
16		described in Section 12a of the Rehabilitation of Persons with
17		Disabilities Act and not-for-profit organizations whose
18		primary purpose is serving the needs of those persons with
19		hearing or speech disabilities. The Commission shall direct the
20		telecommunications carriers subject to its jurisdiction and
21		this Section to comply with its determinations and
22		specifications in this regard.
23		(e) As used in this Section:
24		"Prepaid wireless telecommunications service" has the
25		meaning given to that term under Section 10 of the Prepaid
26		Wireless 9-1-1 Surcharge Act.

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1		"Retail transaction" has the meaning given to that term
2		under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
3		"Seller" has the meaning given to that term under Section
4		10 of the Prepaid Wireless 9-1-1 Surcharge Act.
5		"Telecommunications carrier providing local exchange
6		service" includes, without otherwise limiting the meaning of
7		the term, telecommunications carriers which are purely mutual
8		concerns, having no rates or charges for services, but paying
9		the operating expenses by assessment upon the members of such a
10		company and no other person.
11		"Wireless carrier" has the meaning given to that term under
12		Section 2 10 of the Wireless Emergency Telephone System Safety
13		Act.
14		(f) Interconnected VoIP service providers, sellers of
15		prepaid wireless telecommunications service, and wireless
16		carriers in Illinois shall collect and remit assessments
17		determined in accordance with this Section in a competitively
18		neutral manner in the same manner as a telecommunications
19		carrier providing local exchange service. However, the
20		assessment imposed on consumers of prepaid wireless
21		telecommunications service shall be collected by the seller
22		from the consumer and imposed per retail transaction as a
23		percentage of that retail transaction on all retail
24		transactions occurring in this State. The assessment on
25		subscribers of wireless carriers and consumers of prepaid
26		wireless telecommunications service shall not be imposed or

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1		collected prior to June 1, 2016.
2		Sellers of prepaid wireless telecommunications service
3		shall remit the assessments to the Department of Revenue on the
4		same form and in the same manner which they remit the fee
5		collected under the Prepaid Wireless 9-1-1 Surcharge Act. For
6		the purposes of display on the consumers' receipts, the rates
7		of the fee collected under the Prepaid Wireless 9-1-1 Surcharge
8		Act and the assessment under this Section may be combined. In
9		administration and enforcement of this Section, the provisions
10		of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge
11		Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of
12		Section 15 and subsections (c) and (e) of Section 20 of the
13		Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015
14		(the effective date of Public Act 99-6), the seller shall be
15		permitted to deduct and retain 3% of the assessments that are
16		collected by the seller from consumers and that are remitted
17		and timely filed with the Department) that are not inconsistent
18		with this Section, shall apply, as far as practicable, to the
19		subject matter of this Section to the same extent as if those
20		provisions were included in this Section. The Department shall
21		deposit all assessments and penalties collected under this
22		Section into the Illinois Telecommunications Access
23		Corporation Fund, a special fund created in the State treasury.
24		On or before the 25th day of each calendar month, the
25		Department shall prepare and certify to the Comptroller the
26		amount available to the Commission for distribution out of the

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1		Illinois Telecommunications Access Corporation Fund. The
2		amount certified shall be the amount (not including credit
3		memoranda) collected during the second preceding calendar
4		month by the Department, plus an amount the Department
5		determines is necessary to offset any amounts which were
6		erroneously paid to a different taxing body or fund. The amount
7		paid to the Illinois Telecommunications Access Corporation
8		Fund shall not include any amount equal to the amount of
9		refunds made during the second preceding calendar month by the
10		Department to retailers under this Section or any amount that
11		the Department determines is necessary to offset any amounts
12		which were payable to a different taxing body or fund but were
13		erroneously paid to the Illinois Telecommunications Access
14		Corporation Fund. The Commission shall distribute all the funds
15		to the Illinois Telecommunications Access Corporation and the
16		funds may only be used in accordance with the provisions of
17		this Section. The Department shall deduct 2% of all amounts
18		deposited in the Illinois Telecommunications Access
19		Corporation Fund during every year of remitted assessments. Of
20		the 2% deducted by the Department, one-half shall be
21		transferred into the Tax Compliance and Administration Fund to
22		reimburse the Department for its direct costs of administering
23		the collection and remittance of the assessment. The remaining
24		one-half shall be transferred into the Public Utility Fund to
25		reimburse the Commission for its costs of distributing to the
26		Illinois Telecommunications Access Corporation the amount

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1		certified by the Department for distribution. The amount to be
2		charged or assessed under subsections (c) and (f) is not
3		imposed on a provider or the consumer for wireless Lifeline
4		service where the consumer does not pay the provider for the
5		service. Where the consumer purchases from the provider
6		optional minutes, texts, or other services in addition to the
7		federally funded Lifeline benefit, a consumer must pay the
8		charge or assessment, and it must be collected by the seller
9		according to this subsection (f).
10		Interconnected VoIP services shall not be considered an
11		intrastate telecommunications service for the purposes of this
12		Section in a manner inconsistent with federal law or Federal
13		Communications Commission regulation.
14		(g) The provisions of this Section are severable under
15		Section 1.31 of the Statute on Statutes.
16		(h) The Commission may adopt rules necessary to implement
17		this Section.
18		(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,
19		eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17;
20		revised 2-15-17.)
21		(220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
22		Sec. 13-704. Each page of a billing statement which sets
23		forth charges assessed against a customer by a
24		telecommunications carrier for telecommunications service
25		shall reflect the telephone number or customer account number

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1		to which the charges are being billed. If a telecommunications
2		carrier offers electronic billing, customers may elect to have
3		their bills sent electronically. Such bills shall be
4		transmitted with instructions for payment. Information sent
5		electronically shall be deemed to satisfy any requirement in
6		this Section that such information be printed or written on a
7		customer bill. Bills may be paid electronically or by the use
8		of a customer-preferred financially accredited credit or debit
9		methodology.
10		(Source: P.A. 96-927, eff. 6-15-10.)
11		(220 ILCS 5/13-705) (from Ch. 111 2/3, par. 13-705)
12		Sec. 13-705. Every telephone directory distributed after
13		July 1, 1990 to the general public in this State which lists
14		the calling numbers of telephones, of any telephone exchange
15		located in this State, shall also contain a listing, at no
16		additional charge, of any special calling number assigned to
17		any telecommunication device for the deaf in use within the
18		geographic area of coverage for the directory, unless the
19		telephone company is notified by the telecommunication device
20		subscriber that the subscriber does not wish the TDD number to
21		be listed in the directory. Such listing shall include, but is
22		not limited to, residential, commercial and governmental
23		numbers with telecommunication device access and shall include
24		a designation if the device is for print or display
25		communication only or if it also accommodates voice

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1		transmission. In addition to the aforementioned requirements
2		each telephone directory so distributed shall also contain a
3		listing of any city and county emergency services and any
4		police telecommunication device for the deaf calling numbers in
5		the coverage area within this State which is included in the
6		directory as well as the listing of the Illinois State Police
7		emergency telecommunication device for the deaf calling number
8		in Springfield. This emergency numbers listing shall be
9		preceded by the words "Emergency Assistance for Deaf Persons"
10		which shall be as legible and printed in the same size as all
11		other emergency subheadings on the page; provided, that the
12		provisions of this Section do not apply to those directories
13		distributed solely for business advertising purposes, commonly
14		known as classified directories.
15		(Source: P.A. 85-1404.)
16		(220 ILCS 5/13-706) (from Ch. 111 2/3, par. 13-706)
17		Sec. 13-706. Except as provided in Section 13-707 of this
18		Act, all essential telephones, all coin-operated phones and all
19		emergency telephones sold, rented or distributed by any other
20		means in this State after July 1, 1990 shall be hearing-aid
21		compatible. The provisions of this Section shall not apply to
22		any telephone that is manufactured before July 1, 1989.
23		(Source: P.A. 85-1440.)
24		(220 ILCS 5/13-707) (from Ch. 111 2/3, par. 13-707)

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1		Sec. 13-707. The following telephones shall be exempt from
2		the requirements of Section 13-706 of this Act: telephones used
3		with public mobile services; telephones used with private radio
4		services; and cordless telephones. The exemption provided in
5		this Section shall not apply with respect to cordless
6		telephones manufactured or imported more than 3 years after
7		September 19, 1988. The Commission shall periodically assess
8		the appropriateness of continuing in effect the exemptions
9		provided herein for public mobile service and private radio
10		service telephones and report their findings to the General
11		Assembly.
12		(Source: P.A. 85-1440.)
13		(220 ILCS 5/13-709)
14		Sec. 13-709. Orders of correction.
15		(a) A telecommunications carrier shall comply with orders
16		of correction issued by the Department of Public Health under
17		Section 5 of the Illinois Plumbing License Law.
18		(b) Upon receiving notification from the Department of
19		Public Health that a telecommunications carrier has failed to
20		comply with an order of correction, the Illinois Commerce
21		Commission shall enforce the order.
22		(c) The good faith compliance by a telecommunications
23		carrier with an order of the Department of Public Health or
24		Illinois Commerce Commission to terminate service pursuant to
25		Section 5 of the Illinois Plumbing License Law shall constitute

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1		a complete defense to any civil action brought against the
2		telecommunications carrier arising from the termination of
3		service.
4		(Source: P.A. 91-184, eff. 1-1-00.)
5		(220 ILCS 5/13-712)
6		Sec. 13-712. Basic local exchange service quality;
7		customer credits.
8		(a) It is the intent of the General Assembly that every
9		telecommunications carrier meet minimum service quality
10		standards in providing noncompetitive basic local exchange
11		service on a non-discriminatory basis to all classes of
12		customers.
13		(b) Definitions:
14		(1) (Blank).
15		(2) "Basic local exchange service" means residential
16		and business lines used for local exchange
17		telecommunications service as defined in Section 13-204 of
18		this Act, that have not been classified as competitive
19		pursuant to either Section 13-502 or subdivision (c)(5) of
20		Section 13-506.2 of this Act, excluding:
21		(A) services that employ advanced
22		telecommunications capability as defined in Section
23		706(c)(1) of the federal Telecommunications Act of
24		1996;
25		(B) vertical services;

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1		(C) company official lines; and
2		(D) records work only.
3		(3) "Link Up" refers to the Link Up Assistance program
4		defined and established at 47 C.F.R. Section 54.411 et seq.
5		as amended.
6		(c) The Commission shall promulgate service quality rules
7		for basic local exchange service, which may include fines,
8		penalties, customer credits, and other enforcement mechanisms.
9		In developing such service quality rules, the Commission shall
10		consider, at a minimum, the carrier's gross annual intrastate
11		revenue; the frequency, duration, and recurrence of the
12		violation; and the relative harm caused to the affected
13		customer or other users of the network. In imposing fines, the
14		Commission shall take into account compensation or credits paid
15		by the telecommunications carrier to its customers pursuant to
16		this Section in compensation for the violation found pursuant
17		to this Section. These rules shall become effective within one
18		year after the effective date of this amendatory Act of the
19		92nd General Assembly.
20		(d) The rules shall, at a minimum, require each
21		telecommunications carrier to do all of the following:
22		(1) Install basic local exchange service within 5
23		business days after receipt of an order from the customer
24		unless the customer requests an installation date that is
25		beyond 5 business days after placing the order for basic
26		service and to inform the customer of its duty to install

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1		service within this timeframe. If installation of service
2		is requested on or by a date more than 5 business days in
3		the future, the telecommunications carrier shall install
4		service by the date requested. A telecommunications
5		carrier offering basic local exchange service utilizing
6		the network or network elements of another carrier shall
7		install new lines for basic local exchange service within 3
8		business days after provisioning of the line or lines by
9		the carrier whose network or network elements are being
10		utilized is complete. This subdivision (d)(1) does not
11		apply to the migration of a customer between
12		telecommunications carriers, so long as the customer
13		maintains dial tone.
14		(2) Restore basic local exchange service for a customer
15		within 30 hours of receiving notice that a customer is out
16		of service. This provision applies to service disruptions
17		that occur when a customer switches existing basic local
18		exchange service from one carrier to another.
19		(3) Keep all repair and installation appointments for
20		basic local exchange service, when a customer premises
21		visit requires a customer to be present.
22		(4) Inform a customer when a repair or installation
23		appointment requires the customer to be present.
24		(e) The rules shall include provisions for customers to be
25		credited by the telecommunications carrier for violations of
26		basic local exchange service quality standards as described in

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1		subsection (d). The credits shall be applied on the statement
2		issued to the customer for the next monthly billing cycle
3		following the violation or following the discovery of the
4		violation. The performance levels established in subsection
5		(c) are solely for the purposes of consumer credits and shall
6		not be used as performance levels for the purposes of assessing
7		penalties under Section 13-305. At a minimum, the rules shall
8		include the following:
9		(1) If a carrier fails to repair an out-of-service
10		condition for basic local exchange service within 30 hours,
11		the carrier shall provide a credit to the customer. If the
12		service disruption is for over 30 hours but less than 48
13		hours, the credit must be equal to a pro-rata portion of
14		the monthly recurring charges for all local services
15		disrupted. If the service disruption is for more than 48
16		hours, but not more than 72 hours, the credit must be equal
17		to at least 33% of one month's recurring charges for all
18		local services disrupted. If the service disruption is for
19		more than 72 hours, but not more than 96 hours, the credit
20		must be equal to at least 67% of one month's recurring
21		charges for all local services disrupted. If the service
22		disruption is for more than 96 hours, but not more than 120
23		hours, the credit must be equal to one month's recurring
24		charges for all local services disrupted. For each day or
25		portion thereof that the service disruption continues
26		beyond the initial 120-hour period, the carrier shall also

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1		provide an additional credit of $20 per day.
2		(2) If a carrier fails to install basic local exchange
3		service as required under subdivision (d)(1), the carrier
4		shall waive 50% of any installation charges, or in the
5		absence of an installation charge or where installation is
6		pursuant to the Link Up program, the carrier shall provide
7		a credit of $25. If a carrier fails to install service
8		within 10 business days after the service application is
9		placed, or fails to install service within 5 business days
10		after the customer's requested installation date, if the
11		requested date was more than 5 business days after the date
12		of the order, the carrier shall waive 100% of the
13		installation charge, or in the absence of an installation
14		charge or where installation is provided pursuant to the
15		Link Up program, the carrier shall provide a credit of $50.
16		For each day that the failure to install service continues
17		beyond the initial 10 business days, or beyond 5 business
18		days after the customer's requested installation date, if
19		the requested date was more than 5 business days after the
20		date of the order, the carrier shall also provide an
21		additional credit of $20 per day until service is
22		installed.
23		(3) If a carrier fails to keep a scheduled repair or
24		installation appointment when a customer premises visit
25		requires a customer to be present, the carrier shall credit
26		the customer $25 per missed appointment. A credit required

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1		by this subsection does not apply when the carrier provides
2		the customer notice of its inability to keep the
3		appointment no later than 8 p.m. of the day prior to the
4		scheduled date of the appointment.
5		(4) If the violation of a basic local exchange service
6		quality standard is caused by a carrier other than the
7		carrier providing retail service to the customer, the
8		carrier providing retail service to the customer shall
9		credit the customer as provided in this Section. The
10		carrier causing the violation shall reimburse the carrier
11		providing retail service the amount credited the customer.
12		When applicable, an interconnection agreement shall govern
13		compensation between the carrier causing the violation, in
14		whole or in part, and the retail carrier providing the
15		credit to the customer.
16		(5) (Blank).
17		(6) Credits required by this subsection do not apply if
18		the violation of a service quality standard:
19		(i) occurs as a result of a negligent or willful
20		act on the part of the customer;
21		(ii) occurs as a result of a malfunction of
22		customer-owned telephone equipment or inside wiring;
23		(iii) occurs as a result of, or is extended by, an
24		emergency situation as defined in Commission rules;
25		(iv) is extended by the carrier's inability to gain
26		access to the customer's premises due to the customer

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1		missing an appointment, provided that the violation is
2		not further extended by the carrier;
3		(v) occurs as a result of a customer request to
4		change the scheduled appointment, provided that the
5		violation is not further extended by the carrier;
6		(vi) occurs as a result of a carrier's right to
7		refuse service to a customer as provided in Commission
8		rules; or
9		(vii) occurs as a result of a lack of facilities
10		where a customer requests service at a geographically
11		remote location, a customer requests service in a
12		geographic area where the carrier is not currently
13		offering service, or there are insufficient facilities
14		to meet the customer's request for service, subject to
15		a carrier's obligation for reasonable facilities
16		planning.
17		(7) The provisions of this subsection are cumulative
18		and shall not in any way diminish or replace other civil or
19		administrative remedies available to a customer or a class
20		of customers.
21		(f) The rules shall require each telecommunications
22		carrier to provide to the Commission, on a quarterly basis and
23		in a form suitable for posting on the Commission's website, a
24		public report that includes performance data for basic local
25		exchange service quality of service. The performance data shall
26		be disaggregated for each geographic area and each customer

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1		class of the State for which the telecommunications carrier
2		internally monitored performance data as of a date 120 days
3		preceding the effective date of this amendatory Act of the 92nd
4		General Assembly. The report shall include, at a minimum,
5		performance data on basic local exchange service
6		installations, lines out of service for more than 30 hours,
7		carrier response to customer calls, trouble reports, and missed
8		repair and installation commitments.
9		(g) The Commission shall establish and implement carrier to
10		carrier wholesale service quality rules and establish remedies
11		to ensure enforcement of the rules.
12		(Source: P.A. 98-45, eff. 6-28-13.)
13		(220 ILCS 5/13-713)
14		Sec. 13-713. Consumer complaint resolution process.
15		(a) It is the intent of the General Assembly that consumer
16		complaints against telecommunications carriers shall be
17		concluded as expeditiously as possible consistent with the
18		rights of the parties thereto to the due process of law and
19		protection of the public interest.
20		(b) The Commission shall promulgate rules that permit
21		parties to resolve disputes through mediation. A consumer may
22		request mediation upon completion of the Commission's informal
23		complaint process and prior to the initiation of a formal
24		complaint as described in Commission rules.
25		(c) A residential consumer or business consumer with fewer

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1		than 20 lines shall have the right to request mediation for
2		resolution of a dispute with a telecommunications carrier. The
3		carrier shall be required to participate in mediation at the
4		consumer's request.
5		(d) The Commission may retain the services of an
6		independent neutral mediator or trained Commission staff to
7		facilitate resolution of the consumer dispute. The mediation
8		process must be completed no later than 45 days after the
9		consumer requests mediation.
10		(e) If the parties reach agreement, the agreement shall be
11		reduced to writing at the conclusion of the mediation. The
12		writing shall contain mutual conditions, payment arrangements,
13		or other terms that resolve the dispute in its entirety. If the
14		parties are unable to reach agreement or after 45 days,
15		whichever occurs first, the consumer may file a formal
16		complaint with the Commission as described in Commission rules.
17		(f) If either the consumer or the carrier fails to abide by
18		the terms of the settlement agreement, either party may
19		exercise any rights it may have as specified in the terms of
20		the agreement or as provided in Commission rules.
21		(g) All notes, writings and settlement discussions related
22		to the mediation shall be exempt from discovery and shall be
23		inadmissible in any agency or court proceeding.
24		(Source: P.A. 92-22, eff. 6-30-01.)
25		(220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)

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1		Sec. 13-801. Incumbent local exchange carrier obligations.
2		(a) This Section provides additional State requirements
3		contemplated by, but not inconsistent with, Section 261(c) of
4		the federal Telecommunications Act of 1996, and not preempted
5		by orders of the Federal Communications Commission. A
6		telecommunications carrier not subject to regulation under an
7		alternative regulation plan pursuant to Section 13-506.1 of
8		this Act shall not be subject to the provisions of this
9		Section, to the extent that this Section imposes requirements
10		or obligations upon the telecommunications carrier that exceed
11		or are more stringent than those obligations imposed by Section
12		251 of the federal Telecommunications Act of 1996 and
13		regulations promulgated thereunder.
14		An incumbent local exchange carrier shall provide a
15		requesting telecommunications carrier with interconnection,
16		collocation, network elements, and access to operations
17		support systems on just, reasonable, and nondiscriminatory
18		rates, terms, and conditions to enable the provision of any and
19		all existing and new telecommunications services within the
20		LATA, including, but not limited to, local exchange and
21		exchange access. The Commission shall require the incumbent
22		local exchange carrier to provide interconnection,
23		collocation, and network elements in any manner technically
24		feasible to the fullest extent possible to implement the
25		maximum development of competitive telecommunications services
26		offerings. As used in this Section, to the extent that

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1		interconnection, collocation, or network elements have been
2		deployed for or by the incumbent local exchange carrier or one
3		of its wireline local exchange affiliates in any jurisdiction,
4		it shall be presumed that such is technically feasible in
5		Illinois.
6		(b) Interconnection.
7		(1) An incumbent local exchange carrier shall provide
8		for the facilities and equipment of any requesting
9		telecommunications carrier's interconnection with the
10		incumbent local exchange carrier's network on just,
11		reasonable, and nondiscriminatory rates, terms, and
12		conditions:
13		(A) for the transmission and routing of local
14		exchange, and exchange access telecommunications
15		services;
16		(B) at any technically feasible point within the
17		incumbent local exchange carrier's network; however,
18		the incumbent local exchange carrier may not require
19		the requesting carrier to interconnect at more than one
20		technically feasible point within a LATA; and
21		(C) that is at least equal in quality and
22		functionality to that provided by the incumbent local
23		exchange carrier to itself or to any subsidiary,
24		affiliate, or any other party to which the incumbent
25		local exchange carrier provides interconnection.
26		(2) An incumbent local exchange carrier shall make

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1		available to any requesting telecommunications carrier, to
2		the extent technically feasible, those services,
3		facilities, or interconnection agreements or arrangements
4		that the incumbent local exchange carrier or any of its
5		incumbent local exchange subsidiaries or affiliates offers
6		in another state under the terms and conditions, but not
7		the stated rates, negotiated pursuant to Section 252 of the
8		federal Telecommunications Act of 1996. Rates shall be
9		established in accordance with the requirements of
10		subsection (g) of this Section. An incumbent local exchange
11		carrier shall also make available to any requesting
12		telecommunications carrier, to the extent technically
13		feasible, and subject to the unbundling provisions of
14		Section 251(d)(2) of the federal Telecommunications Act of
15		1996, those unbundled network element or interconnection
16		agreements or arrangements that a local exchange carrier
17		affiliate of the incumbent local exchange carrier obtains
18		in another state from the incumbent local exchange carrier
19		in that state, under the terms and conditions, but not the
20		stated rates, obtained through negotiation, or through an
21		arbitration initiated by the affiliate, pursuant to
22		Section 252 of the federal Telecommunications Act of 1996.
23		Rates shall be established in accordance with the
24		requirements of subsection (g) of this Section.
25		(c) Collocation. An incumbent local exchange carrier shall
26		provide for physical or virtual collocation of any type of

HB1811 Enrolled - 265 - LRB100 08000 SMS 18081 b
1		equipment for interconnection or access to network elements at
2		the premises of the incumbent local exchange carrier on just,
3		reasonable, and nondiscriminatory rates, terms, and
4		conditions. The equipment shall include, but is not limited to,
5		optical transmission equipment, multiplexers, remote switching
6		modules, and cross-connects between the facilities or
7		equipment of other collocated carriers. The equipment shall
8		also include microwave transmission facilities on the exterior
9		and interior of the incumbent local exchange carrier's premises
10		used for interconnection to, or for access to network elements
11		of, the incumbent local exchange carrier or a collocated
12		carrier, unless the incumbent local exchange carrier
13		demonstrates to the Commission that it is not practical due to
14		technical reasons or space limitations. An incumbent local
15		exchange carrier shall allow, and provide for, the most
16		reasonably direct and efficient cross-connects, that are
17		consistent with safety and network reliability standards,
18		between the facilities of collocated carriers. An incumbent
19		local exchange carrier shall also allow, and provide for, cross
20		connects between a noncollocated telecommunications carrier's
21		network elements platform, or a noncollocated
22		telecommunications carrier's transport facilities, and the
23		facilities of any collocated carrier, consistent with safety
24		and network reliability standards.
25		(d) Network elements. The incumbent local exchange carrier
26		shall provide to any requesting telecommunications carrier,

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1		for the provision of an existing or a new telecommunications
2		service, nondiscriminatory access to network elements on any
3		unbundled or bundled basis, as requested, at any technically
4		feasible point on just, reasonable, and nondiscriminatory
5		rates, terms, and conditions.
6		(1) An incumbent local exchange carrier shall provide
7		unbundled network elements in a manner that allows
8		requesting telecommunications carriers to combine those
9		network elements to provide a telecommunications service.
10		(2) An incumbent local exchange carrier shall not
11		separate network elements that are currently combined,
12		except at the explicit direction of the requesting carrier.
13		(3) Upon request, an incumbent local exchange carrier
14		shall combine any sequence of unbundled network elements
15		that it ordinarily combines for itself, including but not
16		limited to, unbundled network elements identified in The
17		Draft of the Proposed Ameritech Illinois 271 Amendment
18		(I2A) found in Schedule SJA-4 attached to Exhibit 3.1 filed
19		by Illinois Bell Telephone Company on or about March 28,
20		2001 with the Illinois Commerce Commission under Illinois
21		Commerce Commission Docket Number 00-0700. The Commission
22		shall determine those network elements the incumbent local
23		exchange carrier ordinarily combines for itself if there is
24		a dispute between the incumbent local exchange carrier and
25		the requesting telecommunications carrier under this
26		subdivision of this Section of this Act.

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1		The incumbent local exchange carrier shall be entitled
2		to recover from the requesting telecommunications carrier
3		any just and reasonable special construction costs
4		incurred in combining such unbundled network elements (i)
5		if such costs are not already included in the established
6		price of providing the network elements, (ii) if the
7		incumbent local exchange carrier charges such costs to its
8		retail telecommunications end users, and (iii) if fully
9		disclosed in advance to the requesting telecommunications
10		carrier. The Commission shall determine whether the
11		incumbent local exchange carrier is entitled to any special
12		construction costs if there is a dispute between the
13		incumbent local exchange carrier and the requesting
14		telecommunications carrier under this subdivision of this
15		Section of this Act.
16		(4) A telecommunications carrier may use a network
17		elements platform consisting solely of combined network
18		elements of the incumbent local exchange carrier to provide
19		end to end telecommunications service for the provision of
20		existing and new local exchange, interexchange that
21		includes local, local toll, and intraLATA toll, and
22		exchange access telecommunications services within the
23		LATA to its end users or payphone service providers without
24		the requesting telecommunications carrier's provision or
25		use of any other facilities or functionalities.
26		(5) The Commission shall establish maximum time

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1		periods for the incumbent local exchange carrier's
2		provision of network elements. The maximum time period
3		shall be no longer than the time period for the incumbent
4		local exchange carrier's provision of comparable retail
5		telecommunications services utilizing those network
6		elements. The Commission may establish a maximum time
7		period for a particular network element that is shorter
8		than for a comparable retail telecommunications service
9		offered by the incumbent local exchange carrier if a
10		requesting telecommunications carrier establishes that it
11		shall perform other functions or activities after receipt
12		of the particular network element to provide
13		telecommunications services to end users. The burden of
14		proof for establishing a maximum time period for a
15		particular network element that is shorter than for a
16		comparable retail telecommunications service offered by
17		the incumbent local exchange carrier shall be on the
18		requesting telecommunications carrier. Notwithstanding any
19		other provision of this Article, unless and until the
20		Commission establishes by rule or order a different
21		specific maximum time interval, the maximum time intervals
22		shall not exceed 5 business days for the provision of
23		unbundled loops, both digital and analog, 10 business days
24		for the conditioning of unbundled loops or for existing
25		combinations of network elements for an end user that has
26		existing local exchange telecommunications service, and

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1		one business day for the provision of the high frequency
2		portion of the loop (line-sharing) for at least 95% of the
3		requests of each requesting telecommunications carrier for
4		each month.
5		In measuring the incumbent local exchange carrier's
6		actual performance, the Commission shall ensure that
7		occurrences beyond the control of the incumbent local
8		exchange carrier that adversely affect the incumbent local
9		exchange carrier's performance are excluded when
10		determining actual performance levels. Such occurrences
11		shall be determined by the Commission, but at a minimum
12		must include work stoppage or other labor actions and acts
13		of war. Exclusions shall also be made for performance that
14		is governed by agreements approved by the Commission and
15		containing timeframes for the same or similar measures or
16		for when a requesting telecommunications carrier requests
17		a longer time interval.
18		(6) When a telecommunications carrier requests a
19		network elements platform referred to in subdivision
20		(d)(4) of this Section, without the need for field work
21		outside of the central office, for an end user that has
22		existing local exchange telecommunications service
23		provided by an incumbent local exchange carrier, or by
24		another telecommunications carrier through the incumbent
25		local exchange carrier's network elements platform, unless
26		otherwise agreed by the telecommunications carriers, the

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1		incumbent local exchange carrier shall provide the
2		requesting telecommunications carrier with the requested
3		network elements platform within 3 business days for at
4		least 95% of the requests for each requesting
5		telecommunications carrier for each month. A requesting
6		telecommunications carrier may order the network elements
7		platform as is for an end user that has such existing local
8		exchange service without changing any of the features
9		previously selected by the end user. The incumbent local
10		exchange carrier shall provide the requested network
11		elements platform without any disruption to the end user's
12		services.
13		Absent a contrary agreement between the
14		telecommunications carriers entered into after the
15		effective date of this amendatory Act of the 92nd General
16		Assembly, as of 12:01 a.m. on the third business day after
17		placing the order for a network elements platform, the
18		requesting telecommunications carrier shall be the
19		presubscribed primary local exchange carrier for that end
20		user line and shall be entitled to receive, or to direct
21		the disposition of, all revenues for all services utilizing
22		the network elements in the platform, unless it is
23		established that the end user of the existing local
24		exchange service did not authorize the requesting
25		telecommunications carrier to make the request.
26		(e) Operations support systems. The Commission shall

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1		establish minimum standards with just, reasonable, and
2		nondiscriminatory rates, terms, and conditions for the
3		preordering, ordering, provisioning, maintenance and repair,
4		and billing functions of the incumbent local exchange carrier's
5		operations support systems provided to other
6		telecommunications carriers.
7		(f) Resale. An incumbent local exchange carrier shall offer
8		all retail telecommunications services, that the incumbent
9		local exchange carrier provides at retail to subscribers who
10		are not telecommunications carriers, within the LATA, together
11		with each applicable optional feature or functionality,
12		subject to resale at wholesale rates without imposing any
13		unreasonable or discriminatory conditions or limitations.
14		Wholesale rates shall be based on the retail rates charged to
15		end users for the telecommunications service requested,
16		excluding the portion thereof attributable to any marketing,
17		billing, collection, and other costs avoided by the local
18		exchange carrier. The Commission may determine under Article IX
19		of this Act that certain noncompetitive services, together with
20		each applicable optional feature or functionality, that are
21		offered to residence customers under different rates, charges,
22		terms, or conditions than to other customers should not be
23		subject to resale under the rates, charges, terms, or
24		conditions available only to residence customers.
25		(g) Cost based rates. Interconnection, collocation,
26		network elements, and operations support systems shall be

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1		provided by the incumbent local exchange carrier to requesting
2		telecommunications carriers at cost based rates. The immediate
3		implementation and provisioning of interconnection,
4		collocation, network elements, and operations support systems
5		shall not be delayed due to any lack of determination by the
6		Commission as to the cost based rates. When cost based rates
7		have not been established, within 30 days after the filing of a
8		petition for the setting of interim rates, or after the
9		Commission's own motion, the Commission shall provide for
10		interim rates that shall remain in full force and effect until
11		the cost based rate determination is made, or the interim rate
12		is modified, by the Commission.
13		(h) Rural exemption. This Section does not apply to certain
14		rural telephone companies as described in 47 U.S.C. 251(f).
15		(i) Schedule of rates. A telecommunications carrier may
16		request the incumbent local exchange carrier to provide a
17		schedule of rates listing each of the rate elements of the
18		incumbent local exchange carrier that pertains to a proposed
19		order identified by the requesting telecommunications carrier
20		for any of the matters covered in this Section. The incumbent
21		local exchange carrier shall deliver the requested schedule of
22		rates to the requesting telecommunications carrier within 2
23		business days for 95% of the requests for each requesting
24		carrier
25		(j) Special access circuits. Other than as provided in
26		subdivision (d)(4) of this Section for the network elements

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1		platform described in that subdivision, nothing in this
2		amendatory Act of the 92nd General Assembly is intended to
3		require or prohibit the substitution of switched or special
4		access services by or with a combination of network elements
5		nor address the Illinois Commerce Commission's jurisdiction or
6		authority in this area.
7		(k) The Commission shall determine any matters in dispute
8		between the incumbent local exchange carrier and the requesting
9		carrier pursuant to Section 13-515 of this Act.
10		(Source: P.A. 92-22, eff. 6-30-01.)
11		(220 ILCS 5/13-802.1)
12		Sec. 13-802.1. Depreciation; examination and audit;
13		agreement conditions; federal Telecommunications Act of 1996.
14		(a) In performing any cost analysis authorized pursuant to
15		this Act, the Commission may ascertain and determine and by
16		order fix the proper and adequate rate of depreciation of the
17		property for a telecommunications carrier for the purpose of
18		such cost analysis.
19		(b) The Commission may provide for the examination and
20		audit of all accounts. Items subject to the Commission's
21		regulatory requirements shall be so allocated in the manner
22		prescribed by the Commission. The officers and employees of the
23		Commission shall have the authority under the direction of the
24		Commission to inspect and examine any and all books, accounts,
25		papers, records, and memoranda kept by the telecommunications

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1		carrier.
2		(c) The Commission is authorized to adopt rules and
3		regulations concerning the conditions to be contained in and
4		become a part of contracts for noncompetitive
5		telecommunications services in a manner consistent with this
6		Act and federal law.
7		(d) The Commission shall have the authority to, and shall
8		engage in, all state regulatory actions needed to implement and
9		enforce the federal Telecommunications Act of 1996 consistent
10		with federal law, including, but not limited to, the
11		negotiation, arbitration, implementation, resolution of
12		disputes and enforcement of interconnection agreements arising
13		under Sections 251 and 252 of the federal Telecommunications
14		Act of 1996.
15		(Source: P.A. 98-45, eff. 6-28-13.)
16		(220 ILCS 5/13-804)
17		Sec. 13-804. Broadband investment. Increased investment
18		into broadband infrastructure is critical to the economic
19		development of this State and a key component to the retention
20		of existing jobs and the creation of new jobs. The removal of
21		regulatory uncertainty will attract greater private-sector
22		investment in broadband infrastructure. Notwithstanding other
23		provisions of this Article:
24		(A) the Commission shall have the authority to certify
25		providers of wireless services, including, but not limited

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1		to, private radio service, public mobile service, or
2		commercial mobile service, as those terms are defined in 47
3		U.S.C. 332 on the effective date of this amendatory Act of
4		the 96th General Assembly or as amended thereafter, to
5		provide telecommunications services in Illinois;
6		(B) the Commission shall have the authority to certify
7		providers of wireless services, including, but not limited
8		to, private radio service, public mobile service, or
9		commercial mobile service, as those terms are defined in 47
10		U.S.C. 332 on the effective date of this amendatory Act of
11		the 96th General Assembly or as amended thereafter, as
12		eligible telecommunications carriers in Illinois, as that
13		term has the meaning prescribed in 47 U.S.C. 214 on the
14		effective date of this amendatory Act of the 96th General
15		Assembly or as amended thereafter;
16		(C) the Commission shall have the authority to register
17		providers of fixed or non-nomadic Interconnected VoIP
18		service as Interconnected VoIP service providers in
19		Illinois in accordance with Section 401.1 of this Article;
20		(D) the Commission shall have the authority to require
21		providers of Interconnected VoIP service to participate in
22		hearing and speech disability programs; and
23		(E) the Commission shall have the authority to access
24		information provided to the non-profit organization under
25		Section 20 of the High Speed Internet Services and
26		Information Technology Act, provided the Commission enters

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1		into a proprietary and confidentiality agreement governing
2		such information.
3		Except to the extent expressly permitted by and consistent
4		with federal law, the regulations of the Federal Communications
5		Commission, this Article, Article XXI or XXII of this Act, or
6		this amendatory Act of the 96th General Assembly, the
7		Commission shall not regulate the rates, terms, conditions,
8		quality of service, availability, classification, or any other
9		aspect of service regarding (i) broadband services, (ii)
10		Interconnected VoIP services, (iii) information services, as
11		defined in 47 U.S.C. 153(20) on the effective date of this
12		amendatory Act of the 96th General Assembly or as amended
13		thereafter, or (iv) wireless services, including, but not
14		limited to, private radio service, public mobile service, or
15		commercial mobile service, as those terms are defined in 47
16		U.S.C. 332 on the effective date of this amendatory Act of the
17		96th General Assembly or as amended thereafter.
18		(Source: P.A. 96-927, eff. 6-15-10.)
19		(220 ILCS 5/13-900)
20		Sec. 13-900. Authority to serve as 9-1-1 system provider;
21		rules.
22		(a) The General Assembly finds that it is necessary to
23		require the certification of 9-1-1 system providers to ensure
24		the safety of the lives and property of Illinoisans and
25		Illinois businesses, and to otherwise protect and promote the

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1		public safety, health, and welfare of the citizens of this
2		State and their property.
3		(b) For purposes of this Section:
4		"9-1-1 system" has the same meaning as that term is
5		defined in Section 2.19 of the Emergency Telephone System
6		Act.
7		"9-1-1 system provider" means any person, corporation,
8		limited liability company, partnership, sole
9		proprietorship, or entity of any description whatever that
10		acts as a system provider within the meaning of Section
11		2.18 of the Emergency Telephone System Act.
12		"Emergency Telephone System Board" has the same
13		meaning as that term is defined in Sections 2.11 and 15.4
14		of the Emergency Telephone System Act.
15		"Public safety agency personnel" means personnel
16		employed by a public safety agency, as that term is defined
17		in Section 2.02 of the Emergency Telephone System Act,
18		whose responsibilities include responding to requests for
19		emergency services.
20		(c) Except as otherwise provided in this Section, beginning
21		July 1, 2010, it is unlawful for any 9-1-1 system provider to
22		offer or provide or seek to offer or provide to any emergency
23		telephone system board or 9-1-1 system, or agent,
24		representative, or designee thereof, any network and database
25		service used or intended to be used by any emergency telephone
26		system board or 9-1-1 system for the purpose of answering,

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1		transferring, or relaying requests for emergency services, or
2		dispatching public safety agency personnel in response to
3		requests for emergency services, unless the 9-1-1 system
4		provider has applied for and received a Certificate of 9-1-1
5		System Provider Authority from the Commission. The Commission
6		shall approve an application for a Certificate of 9-1-1 System
7		Provider Authority upon a showing by the applicant, and a
8		finding by the Commission, after notice and hearing, that the
9		applicant possesses sufficient technical, financial, and
10		managerial resources and abilities to provide network service
11		and database services that it seeks authority to provide in its
12		application for service authority, in a safe, continuous, and
13		uninterrupted manner.
14		(d) No incumbent local exchange carrier that provides, as
15		of the effective date of this amendatory Act of the 96th
16		General Assembly, any 9-1-1 network and 9-1-1 database service
17		used or intended to be used by any Emergency Telephone System
18		Board or 9-1-1 system, shall be required to obtain a
19		Certificate of 9-1-1 System Provider Authority under this
20		Section. No entity that possesses, as of the effective date of
21		this amendatory Act of the 96th General Assembly, a Certificate
22		of Service Authority and provides 9-1-1 network and 9-1-1
23		database services to any incumbent local exchange carrier as of
24		the effective date of this amendatory Act of the 96th General
25		Assembly shall be required to obtain a Certificate of 9-1-1
26		System Provider Authority under this Section.

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1		(e) Any and all enforcement authority granted to the
2		Commission under this Section shall apply exclusively to 9-1-1
3		system providers granted a Certificate of Service Authority
4		under this Section and shall not apply to incumbent local
5		exchange carriers that are providing 9-1-1 service as of the
6		effective date of this amendatory Act of the 96th General
7		Assembly.
8		(Source: P.A. 96-25, eff. 6-30-09.)
9		(220 ILCS 5/13-900.1)
10		Sec. 13-900.1. Authority over 9-1-1 rates and terms of
11		service. Notwithstanding any other provision of this Article,
12		the Commission retains its full authority over the rates and
13		service quality as they apply to 9-1-1 system providers,
14		including the Commission's existing authority over
15		interconnection with 9-1-1 system providers and 9-1-1 systems.
16		The rates, terms, and conditions for 9-1-1 service shall be
17		tariffed and shall be provided in the manner prescribed by this
18		Act and shall be subject to the applicable laws, including
19		rules or regulations adopted and orders issued by the
20		Commission or the Federal Communications Commission. The
21		Commission retains this full authority regardless of the
22		technologies utilized or deployed by 9-1-1 system providers.
23		(Source: P.A. 96-927, eff. 6-15-10; 97-333, eff. 8-12-11.)
24		(220 ILCS 5/13-900.2)

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1		Sec. 13-900.2. Access services.
2		(a) This Section shall apply to switched access rates
3		charged by all carriers other than Electing Providers whose
4		switched access rates are governed by subsection (g) of Section
5		13-506.2 of this Act.
6		(b) Except as otherwise provided in subsection (c) of this
7		Section, the rates of any telecommunications carrier,
8		including, but not limited to, competitive local exchange
9		carriers, providing intrastate switched access service shall
10		be reduced to rates no higher than the carrier's rates for
11		interstate switched access service as follows:
12		(1) by January 1, 2011, each telecommunications
13		carrier must reduce its intrastate switched access rates by
14		an amount equal to 50% of the difference between its then
15		current intrastate switched access rates and its then
16		current interstate switched access rates;
17		(2) by January 1, 2012, each telecommunications
18		carrier must further reduce its intrastate switched access
19		rates by an amount equal to 50% of the difference between
20		its then current intrastate switched access rates and its
21		then current interstate switched access rates;
22		(3) by July 1, 2012, each telecommunications carrier
23		must reduce its intrastate switched access rates to mirror
24		its then current interstate switched access rates and rate
25		structure.
26		Following 24 months after the effective date of this

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1		amendatory Act of the 96th General Assembly, each
2		telecommunications carrier must continue to set its intrastate
3		switched access rates to mirror its interstate switched access
4		rates and rate structure. For purposes of this Section, the
5		rate for intrastate switched access service means the
6		composite, per-minute rate for that service, including all
7		applicable fixed and traffic-sensitive charges, including, but
8		not limited to, carrier common line charges.
9		(c) Subsection (b) of this Section shall not apply to
10		incumbent local exchange carriers serving 35,000 or fewer
11		access lines.
12		(d) Nothing in subsection (b) of this Section prohibits a
13		telecommunications carrier from electing to offer intrastate
14		switched access service at rates lower than its interstate
15		rates.
16		(e) The Commission shall have no authority to order a
17		telecommunications carrier to set its rates for intrastate
18		switched access at a level lower than its interstate switched
19		access rates.
20		(Source: P.A. 96-927, eff. 6-15-10.)
21		(220 ILCS 5/13-900.3)
22		Sec. 13-900.3. Regulatory flexibility for 9-1-1 system
23		providers.
24		(a) For purposes of this Section, "Regional Pilot Project"
25		to implement next generation 9-1-1 has the same meaning as that

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1		term is defined in Section 2.22 of the Emergency Telephone
2		System Act.
3		(b) For the limited purpose of a Regional Pilot Project to
4		implement next generation 9-1-1, as defined in Section 13-900
5		of this Article, the Commission may forbear from applying any
6		rule or provision of Section 13-900 as it applies to
7		implementation of the Regional Pilot Project to implement next
8		generation 9-1-1 if the Commission determines, after notice and
9		hearing, that: (1) enforcement of the rule is not necessary to
10		ensure the development and improvement of emergency
11		communication procedures and facilities in such a manner as to
12		be able to quickly respond to any person requesting 9-1-1
13		services from police, fire, medical, rescue, and other
14		emergency services; (2) enforcement of the rule or provision is
15		not necessary for the protection of consumers; and (3)
16		forbearance from applying such provisions or rules is
17		consistent with the public interest. The Commission may
18		exercise such forbearance with respect to one, and only one,
19		Regional Pilot Project as authorized by Sections 10 and 11 of
20		the Emergency Telephone Systems Act to implement next
21		generation 9-1-1.
22		(Source: P.A. 96-1443, eff. 8-20-10; 97-333, eff. 8-12-11.)
23		(220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
24		Sec. 13-901. Operator Service Provider.
25		(a) For the purposes of this Section:

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1		(1) "Operator service provider" means every
2		telecommunications carrier that provides operator services
3		or any other person or entity that the Commission
4		determines is providing operator services.
5		(2) "Aggregator" means any person or entity that is not
6		an operator service provider and that in the ordinary
7		course of its operations makes telephones available to the
8		public or to transient users of its premises including, but
9		not limited to, a hotel, motel, hospital, or university for
10		telephone calls between points within this State that are
11		specified by the user using an operator service provider.
12		(3) "Operator services" means any telecommunications
13		service that includes, as a component, any automatic or
14		live assistance to a consumer to arrange for billing or
15		completion, or both, of a telephone call between points
16		within this State that are specified by the user through a
17		method other than:
18		(A) automatic completion with billing to the
19		telephone from which the call originated;
20		(B) completion through an access code or a
21		proprietory account number used by the consumer, with
22		billing to an account previously established with the
23		carrier by the consumer; or
24		(C) completion in association with directory
25		assistance services.
26		(b) The Commission shall, by rule or order, adopt and

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1		enforce operating requirements for the provision of
2		operator-assisted services. The rules shall apply to operator
3		service providers and to aggregators. The rules shall be
4		compatible with the rules adopted by the Federal Communications
5		Commission under the federal Telephone Operator Consumer
6		Services Improvement Act of 1990. These requirements shall
7		address, but not necessarily be limited to, the following:
8		(1) oral and written notification of the identity of
9		the operator service provider and the availability of
10		information regarding operator service provider rates,
11		collection methods, and complaint resolution methods;
12		(2) restrictions on billing and charges for operator
13		services;
14		(3) restrictions on "call splashing" as that term is
15		defined in 47 C.F.R. Section 64.708;
16		(4) access to other telecommunications carriers by the
17		use of access codes including, but not limited to 800, 888,
18		950, and 10XXX numbers;
19		(5) the appropriate routing and handling of emergency
20		calls;
21		(6) the enforcement of these rules through tariffs for
22		operator services and by a requirement that operator
23		service providers withhold payment of compensation to
24		aggregators that have been found to be noncomplying by the
25		Commission.
26		(c) The Commission shall adopt any rule necessary to make

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1		rules previously adopted under this Section compatible with the
2		rules of the Federal Communications Commission no later than
3		one year after the effective date of this amendatory Act of
4		1993.
5		(d) A violation of any rule adopted by the Commission under
6		subsection (b) is a business offense subject to a fine of not
7		less than $1,000 nor more than $5,000. In addition, the
8		Commission may, after notice and hearing, order any
9		telecommunications carrier to terminate service to any
10		aggregator found to have violated any rule.
11		(Source: P.A. 90-38, eff. 6-27-97; 91-49, eff. 6-30-99.)
12		(220 ILCS 5/13-902)
13		Sec. 13-902. Authorization and verification of a
14		subscriber's change in telecommunications carrier.
15		(a) Definitions; scope.
16		(1) "Submitting carrier" means any telecommunications
17		carrier that requests on behalf of a subscriber that the
18		subscriber's telecommunications carrier be changed and
19		seeks to provide retail services to the end user
20		subscriber.
21		(2) "Executing carrier" means any telecommunications
22		carrier that effects a request that a subscriber's
23		telecommunications carrier be changed.
24		(3) "Authorized carrier" means any telecommunications
25		carrier that submits a change, on behalf of a subscriber,

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1		in the subscriber's selection of a provider of
2		telecommunications service with the subscriber's
3		authorization verified in accordance with the procedures
4		specified in this Section.
5		(4) "Unauthorized carrier" means any
6		telecommunications carrier that submits a change, on
7		behalf of a subscriber, in the subscriber's selection of a
8		provider of telecommunications service but fails to obtain
9		the subscriber's authorization verified in accordance with
10		the procedures specified in this Section.
11		(5) "Unauthorized change" means a change in a
12		subscriber's selection of a provider of telecommunications
13		service that was made without authorization verified in
14		accordance with the verification procedures specified in
15		this Section.
16		(6) "Subscriber" means:
17		(A) the party identified in the account records of
18		a common carrier as responsible for payment of the
19		telephone bill;
20		(B) any adult person authorized by such party to
21		change telecommunications services or to charge
22		services to the account; or
23		(C) any person contractually or otherwise lawfully
24		authorized to represent such party.
25		This Section does not apply to retail business subscribers
26		served by more than 20 lines.

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1		(b) Authorization from the subscriber. "Authorization"
2		means an express, affirmative act by a subscriber agreeing to
3		the change in the subscriber's telecommunications carrier to
4		another carrier. A subscriber's telecommunications service
5		shall be provided by the telecommunications carrier selected by
6		the subscriber.
7		(c) Authorization and verification of orders for
8		telecommunications service.
9		(1) No telecommunications carrier shall submit or
10		execute a change on behalf of a subscriber in the
11		subscriber's selection of a provider of telecommunications
12		service except in accordance with the procedures
13		prescribed in this subsection.
14		(2) No submitting carrier shall submit a change on the
15		behalf of a subscriber in the subscriber's selection of a
16		provider of telecommunications service prior to obtaining:
17		(A) authorization from the subscriber; and
18		(B) verification of that authorization in
19		accordance with the procedures prescribed in this
20		Section.
21		The submitting carrier shall maintain and preserve records
22		of verification of subscriber authorization for a minimum
23		period of 2 years after obtaining such verification.
24		(3) An executing carrier shall not verify the
25		submission of a change in a subscriber's selection of a
26		provider of telecommunications service received from a

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1		submitting carrier. For an executing carrier, compliance
2		with the procedures described in this Section shall be
3		defined as prompt execution, without any unreasonable
4		delay, of changes that have been verified by a submitting
5		carrier.
6		(4) Commercial mobile radio services (CMRS) providers
7		shall be excluded from the verification requirements of
8		this Section as long as they are not required to provide
9		equal access to common carriers for the provision of
10		telephone toll services, in accordance with 47 U.S.C.
11		332(c)(8).
12		(5) Where a telecommunications carrier is selling more
13		than one type of telecommunications service (e.g., local
14		exchange, intraLATA/intrastate toll, interLATA/interstate
15		toll, and international toll), that carrier must obtain
16		separate authorization from the subscriber for each
17		service sold, although the authorizations may be made
18		within the same solicitation. Each authorization must be
19		verified separately from any other authorizations obtained
20		in the same solicitation. Each authorization must be
21		verified in accordance with the verification procedures
22		prescribed in this Section.
23		(6) No telecommunications carrier shall submit a
24		preferred carrier change order unless and until the order
25		has been confirmed in accordance with one of the following
26		procedures:

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1		(A) The telecommunications carrier has obtained
2		the subscriber's written or electronically signed
3		authorization in a form that meets the requirements of
4		subsection (d).
5		(B) The telecommunications carrier has obtained
6		the subscriber's electronic authorization to submit
7		the preferred carrier change order. Such authorization
8		must be placed from the telephone number or numbers on
9		which the preferred carrier is to be changed and must
10		confirm the information in subsections (b) and (c) of
11		this Section. Telecommunications carriers electing to
12		confirm sales electronically shall establish one or
13		more toll-free telephone numbers exclusively for that
14		purpose. Calls to the toll-free telephone numbers must
15		connect a subscriber to a voice response unit, or
16		similar mechanism, that records the required
17		information regarding the preferred carrier change,
18		including automatically recording the originating
19		automatic number identification.
20		(C) An appropriately qualified independent third
21		party has obtained, in accordance with the procedures
22		set forth in paragraphs (7) through (10) of this
23		subsection, the subscriber's oral authorization to
24		submit the preferred carrier change order that
25		confirms and includes appropriate verification data.
26		The independent third party must not be owned, managed,

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1		controlled, or directed by the carrier or the carrier's
2		marketing agent; must not have any financial incentive
3		to confirm preferred carrier change orders for the
4		carrier or the carrier's marketing agent; and must
5		operate in a location physically separate from the
6		carrier or the carrier's marketing agent.
7		(7) Methods of third party verification. Automated
8		third party verification systems and three-way conference
9		calls may be used for verification purposes so long as the
10		requirements of paragraphs (8) through (10) of this
11		subsection are satisfied.
12		(8) Carrier initiation of third party verification. A
13		carrier or a carrier's sales representative initiating a
14		three-way conference call or a call through an automated
15		verification system must drop off the call once the
16		three-way connection has been established.
17		(9) Requirements for content and format of third party
18		verification. All third party verification methods shall
19		elicit, at a minimum, the identity of the subscriber;
20		confirmation that the person on the call is authorized to
21		make the carrier change; confirmation that the person on
22		the call wants to make the carrier change; the names of the
23		carriers affected by the change; the telephone numbers to
24		be switched; and the types of service involved. Third party
25		verifiers may not market the carrier's services by
26		providing additional information, including information

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1		regarding preferred carrier freeze procedures.
2		(10) Other requirements for third party verification.
3		All third party verifications shall be conducted in the
4		same language that was used in the underlying sales
5		transaction and shall be recorded in their entirety. In
6		accordance with the procedures set forth in paragraph
7		(2)(B) of this subsection, submitting carriers shall
8		maintain and preserve audio records of verification of
9		subscriber authorization for a minimum period of 2 years
10		after obtaining such verification. Automated systems must
11		provide consumers with an option to speak with a live
12		person at any time during the call.
13		(11) Telecommunications carriers must provide
14		subscribers the option of using one of the authorization
15		and verification procedures specified in paragraph (6) of
16		this subsection in addition to an electronically signed
17		authorization and verification procedure under paragraph
18		(6)(A) of this subsection.
19		(d) Letter of agency form and content.
20		(1) A telecommunications carrier may use a written or
21		electronically signed letter of agency to obtain
22		authorization or verification, or both, of a subscriber's
23		request to change his or her preferred carrier selection. A
24		letter of agency that does not conform with this Section is
25		invalid for purposes of this Section.
26		(2) The letter of agency shall be a separate document

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1		(or an easily separable document) or located on a separate
2		screen or webpage containing only the authorizing language
3		described in paragraph (5) of this subsection having the
4		sole purpose of authorizing a telecommunications carrier
5		to initiate a preferred carrier change. The letter of
6		agency must be signed and dated by the subscriber to the
7		telephone line or lines requesting the preferred carrier
8		change.
9		(3) The letter of agency shall not be combined on the
10		same document, screen, or webpage with inducements of any
11		kind.
12		(4) Notwithstanding paragraphs (2) and (3) of this
13		subsection, the letter of agency may be combined with
14		checks that contain only the required letter of agency
15		language as prescribed in paragraph (5) of this subsection
16		and the necessary information to make the check a
17		negotiable instrument. The letter of agency check shall not
18		contain any promotional language or material. The letter of
19		agency check shall contain in easily readable, bold-face
20		type on the front of the check, a notice that the
21		subscriber is authorizing a preferred carrier change by
22		signing the check. The letter of agency language shall be
23		placed near the signature line on the back of the check.
24		(5) At a minimum, the letter of agency must be printed
25		with a type of sufficient size and readability to be
26		clearly legible and must contain clear and unambiguous

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1		language that confirms:
2		(A) The subscriber's billing name and address and
3		each telephone number to be covered by the preferred
4		carrier change order;
5		(B) The decision to change the preferred carrier
6		from the current telecommunications carrier to the
7		soliciting telecommunications carrier;
8		(C) That the subscriber designates (insert the
9		name of the submitting carrier) to act as the
10		subscriber's agent for the preferred carrier change;
11		(D) That the subscriber understands that only one
12		telecommunications carrier may be designated as the
13		subscriber's interstate or interLATA preferred
14		interexchange carrier for any one telephone number. To
15		the extent that a jurisdiction allows the selection of
16		additional preferred carriers (e.g., local exchange,
17		intraLATA/intrastate toll, interLATA/interstate toll,
18		or international interexchange) the letter of agency
19		must contain separate statements regarding those
20		choices, although a separate letter of agency for each
21		choice is not necessary; and
22		(E) That the subscriber may consult with the
23		carrier as to whether a fee will apply to the change in
24		the subscriber's preferred carrier.
25		(6) Any carrier designated in a letter of agency as a
26		preferred carrier must be the carrier directly setting the

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1		rates for the subscriber.
2		(7) Letters of agency shall not suggest or require that
3		a subscriber take some action in order to retain the
4		subscriber's current telecommunications carrier.
5		(8) If any portion of a letter of agency is translated
6		into another language then all portions of the letter of
7		agency must be translated into that language. Every letter
8		of agency must be translated into the same language as any
9		promotional materials, oral descriptions, or instructions
10		provided with the letter of agency.
11		(9) Letters of agency submitted with an electronically
12		signed authorization must include the consumer disclosures
13		required by Section 101(c) of the Electronic Signatures in
14		Global and National Commerce Act.
15		(10) A telecommunications carrier shall submit a
16		preferred carrier change order on behalf of a subscriber
17		within no more than 60 days after obtaining a written or
18		electronically signed letter of agency.
19		(11) If a telecommunications carrier uses a letter of
20		agency, the carrier shall send a letter to the subscriber
21		using first class mail, postage prepaid, no later than 10
22		days after the telecommunications carrier submitting the
23		change in the subscriber's telecommunications carrier is
24		on notice that the change has occurred. The letter must
25		inform the subscriber of the details of the
26		telecommunications carrier change and provide the

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1		subscriber with a toll free number to call should the
2		subscriber wish to cancel the change.
3		(e) A switch in a subscriber's selection of a provider of
4		telecommunications service that complies with the rules
5		promulgated by the Federal Communications Commission and any
6		amendments thereto shall be deemed to be in compliance with the
7		provisions of this Section.
8		(f) The Commission shall promulgate any rules necessary to
9		administer this Section. The rules promulgated under this
10		Section shall comport with the rules, if any, promulgated by
11		the Attorney General pursuant to the Consumer Fraud and
12		Deceptive Business Practices Act and with any rules promulgated
13		by the Federal Communications Commission.
14		(g) Complaints may be filed with the Commission under this
15		Section by a subscriber whose telecommunications service has
16		been provided by an unauthorized telecommunications carrier as
17		a result of an unreasonable delay, by a subscriber whose
18		telecommunications carrier has been changed to another
19		telecommunications carrier in a manner not in compliance with
20		this Section, by a subscriber's authorized telecommunications
21		carrier that has been removed as a subscriber's
22		telecommunications carrier in a manner not in compliance with
23		this Section, by a subscriber's authorized submitting carrier
24		whose change order was delayed unreasonably, or by the
25		Commission on its own motion. Upon filing of the complaint, the
26		parties may mutually agree to submit the complaint to the

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1		Commission's established mediation process. Remedies in the
2		mediation process may include, but shall not be limited to, the
3		remedies set forth in this subsection. In its discretion, the
4		Commission may deny the availability of the mediation process
5		and submit the complaint to hearings. If the complaint is not
6		submitted to mediation or if no agreement is reached during the
7		mediation process, hearings shall be held on the complaint. If,
8		after notice and hearing, the Commission finds that a
9		telecommunications carrier has violated this Section or a rule
10		promulgated under this Section, the Commission may in its
11		discretion do any one or more of the following:
12		(1) Require the violating telecommunications carrier
13		to refund to the subscriber all fees and charges collected
14		from the subscriber for services up to the time the
15		subscriber receives written notice of the fact that the
16		violating carrier is providing telecommunications service
17		to the subscriber, including notice on the subscriber's
18		bill. For unreasonable delays wherein telecommunications
19		service is provided by an unauthorized carrier, the
20		Commission may require the violating carrier to refund to
21		the subscriber all fees and charges collected from the
22		subscriber during the unreasonable delay. The Commission
23		may order the remedial action outlined in this subsection
24		only to the extent that the same remedial action is allowed
25		pursuant to rules or regulations promulgated by the Federal
26		Communications Commission.

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1		(2) Require the violating telecommunications carrier
2		to refund to the subscriber charges collected in excess of
3		those that would have been charged by the subscriber's
4		authorized telecommunications carrier.
5		(3) Require the violating telecommunications carrier
6		to pay to the subscriber's authorized telecommunications
7		carrier the amount the authorized telecommunications
8		carrier would have collected for the telecommunications
9		service. The Commission is authorized to reduce this
10		payment by any amount already paid by the violating
11		telecommunications carrier to the subscriber's authorized
12		telecommunications carrier for those telecommunications
13		services.
14		(4) Require the violating telecommunications carrier
15		to pay a fine of up to $1,000 into the Public Utility Fund
16		for each repeated and intentional violation of this
17		Section.
18		(5) Issue a cease and desist order.
19		(6) For a pattern of violation of this Section or for
20		intentionally violating a cease and desist order, revoke
21		the violating telecommunications carrier's certificate of
22		service authority.
23		(Source: P.A. 92-22, eff. 6-30-01.)
24		(220 ILCS 5/13-903)
25		Sec. 13-903. Authorization, verification or notification,

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1		and dispute resolution for covered product and service charges
2		on the telephone bill.
3		(a) Definitions. As used in this Section:
4		(1) "Subscriber" means a telecommunications carrier's
5		retail business customer served by not more than 20 lines
6		or a retail residential customer.
7		(2) "Telecommunications carrier" has the meaning given
8		in Section 13-202 of the Public Utilities Act and includes
9		agents and employees of a telecommunications carrier,
10		except that "telecommunications carrier" does not include
11		a provider of commercial mobile radio services (as defined
12		by 47 U.S.C. 332(d)(1)).
13		(b) Applicability of Section. This Section does not apply
14		to:
15		(1) changes in a subscriber's local exchange
16		telecommunications service or interexchange
17		telecommunications service;
18		(2) message telecommunications charges that are
19		initiated by dialing 1+, 0+, 0-, 1010XXX, or collect calls
20		and charges for video services if the service provider has
21		the necessary call detail record to establish the billing
22		for the call or service; and
23		(3) telecommunications services available on a
24		subscriber's line when the subscriber activates and pays
25		for the services on a per use basis.
26		(c) Requirements for billing authorized charges. A

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1		telecommunications carrier shall meet all of the following
2		requirements before submitting charges for any product or
3		service to be billed on any subscriber's telephone bill:
4		(1) Inform the subscriber. The telecommunications
5		carrier offering the product or service must thoroughly
6		inform the subscriber of the product or service being
7		offered, including all associated charges, and explicitly
8		inform the subscriber that the associated charges for the
9		product or service will appear on the subscriber's
10		telephone bill.
11		(2) Obtain subscriber authorization. The subscriber
12		must have clearly and explicitly consented to obtaining the
13		product or service offered and to having the associated
14		charges appear on the subscriber's telephone bill. The
15		consent must be verified by the service provider in
16		accordance with subsection (d) of this Section. A record of
17		the consent must be maintained by the telecommunications
18		carrier offering the product or service for at least 24
19		months immediately after the consent and verification were
20		obtained.
21		(d) Verification or notification. Except in
22		subscriber-initiated transactions with a certificated
23		telecommunications carrier for which the telecommunications
24		carrier has the appropriate documentation, the
25		telecommunications carrier, after obtaining the subscriber's
26		authorization in the required manner, shall either verify the

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1		authorization or notify the subscriber as follows:
2		(1) Independent third-party verification:
3		(A) Verification shall be obtained by an
4		independent third party that:
5		(i) operates from a facility physically
6		separate from that of the telecommunications
7		carrier;
8		(ii) is not directly or indirectly managed,
9		controlled, directed, or owned wholly or in part by
10		the telecommunications carrier or the carrier's
11		marketing agent; and
12		(iii) does not derive commissions or
13		compensation based upon the number of sales
14		confirmed.
15		(B) The third-party verification agent shall
16		state, and shall obtain the subscriber's
17		acknowledgment of, the following disclosures:
18		(i) the subscriber's name, address, and the
19		telephone numbers of all telephone lines that will
20		be charged for the product or service of the
21		telecommunications carrier;
22		(ii) that the person speaking to the third
23		party verification agent is in fact the
24		subscriber;
25		(iii) that the subscriber wishes to purchase
26		the product or service of the telecommunications

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1		carrier and is agreeing to do so;
2		(iv) that the subscriber understands that the
3		charges for the product or service of the
4		telecommunications carrier will appear on the
5		subscriber's telephone bill; and
6		(v) the name and customer service telephone
7		number of the telecommunications carrier.
8		(C) The telecommunications carrier shall retain,
9		electronically or otherwise, proof of the verification
10		of sales for a minimum of 24 months.
11		(2) Notification. Written notification shall be
12		provided as follows:
13		(A) the telecommunications carrier shall mail a
14		letter to the subscriber using first class mail,
15		postage prepaid, no later than 10 days after initiation
16		of the product or service;
17		(B) the letter shall be a separate document sent
18		for the sole purpose of describing the product or
19		service of the telecommunications carrier;
20		(C) the letter shall be printed with 10-point or
21		larger type and clearly and conspicuously disclose the
22		material terms and conditions of the offer of the
23		telecommunications carrier, as described in paragraph
24		(1) of subsection (c);
25		(D) the letter shall contain a toll-free telephone
26		number the subscriber can call to cancel the product or

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1		service;
2		(E) the telecommunications carrier shall retain,
3		electronically or otherwise, proof of written
4		notification for a minimum of 24 months; and
5		(F) written notification can be provided via
6		electronic mail if consumers are given the disclosures
7		required by Section 101(c) of the Electronic
8		Signatures in Global and National Commerce Act.
9		(e) Unauthorized charges.
10		(1) Responsibilities of the billing telecommunications
11		carrier for unauthorized charges. If a subscriber's
12		telephone bill is charged for any product or service
13		without proper subscriber authorization and verification
14		or notification of authorization in compliance with this
15		Section, the telecommunications carrier that billed the
16		subscriber, on its knowledge or notification of any
17		unauthorized charge, shall promptly, but not later than 45
18		days after the date of the knowledge or notification of an
19		unauthorized charge:
20		(A) notify the product or service provider to
21		immediately cease charging the subscriber for the
22		unauthorized product or service;
23		(B) remove the unauthorized charge from the
24		subscriber's bill; and
25		(C) refund or credit to the subscriber all money
26		that the subscriber has paid for any unauthorized

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1		charge.
2		(f) The Commission shall promulgate any rules necessary to
3		ensure that subscribers are not billed on the telephone bill
4		for products or services in a manner not in compliance with
5		this Section. The rules promulgated under this Section shall
6		comport with the rules, if any, promulgated by the Attorney
7		General pursuant to the Consumer Fraud and Deceptive Business
8		Practices Act and with any rules promulgated by the Federal
9		Communications Commission or Federal Trade Commission.
10		(g) Complaints may be filed with the Commission under this
11		Section by a subscriber who has been billed on the telephone
12		bill for products or services not in compliance with this
13		Section or by the Commission on its own motion. Upon filing of
14		the complaint, the parties may mutually agree to submit the
15		complaint to the Commission's established mediation process.
16		Remedies in the mediation process may include, but shall not be
17		limited to, the remedies set forth in paragraphs (1) through
18		(4) of this subsection. In its discretion, the Commission may
19		deny the availability of the mediation process and submit the
20		complaint to hearings. If the complaint is not submitted to
21		mediation or if no agreement is reached during the mediation
22		process, hearings shall be held on the complaint pursuant to
23		Article X of this Act. If after notice and hearing, the
24		Commission finds that a telecommunications carrier has
25		violated this Section or a rule promulgated under this Section,
26		the Commission may in its discretion order any one or more of

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1		the following:
2		(1) Require the violating telecommunications carrier
3		to pay a fine of up to $1,000 into the Public Utility Fund
4		for each repeated and intentional violation of this
5		Section.
6		(2) Require the violating carrier to refund or cancel
7		all charges for products or services not billed in
8		compliance with this Section.
9		(3) Issue a cease and desist order.
10		(4) For a pattern of violation of this Section or for
11		intentionally violating a cease and desist order, revoke
12		the violating telecommunications carrier's certificate of
13		service authority.
14		(Source: P.A. 98-756, eff. 7-16-14.)
15		(220 ILCS 5/13-904 new)
16		Sec. 13-904. Continuation of Article; validation.
17		(a) The General Assembly finds and declares that this
18		amendatory Act of the 100th General Assembly manifests the
19		intention of the General Assembly to extend the repeal of this
20		Article and have this Article continue in effect until December
21		31, 2020.
22		(b) This Article shall be deemed to have been in continuous
23		effect since July 1, 2017 and it shall continue to be in effect
24		henceforward until it is otherwise lawfully repealed. All
25		previously enacted amendments to this Article taking effect on

HB1811 Enrolled - 305 - LRB100 08000 SMS 18081 b
1		or after July 1, 2017, are hereby validated. All actions taken
2		in reliance on or under this Article by the Illinois Commerce
3		Commission or any other person or entity are hereby validated.
4		(c) In order to ensure the continuing effectiveness of this
5		Article, it is set forth in full and reenacted by this
6		amendatory Act of the 100th General Assembly. Striking and
7		underscoring are used only to show changes being made to the
8		base text. This reenactment is intended as a continuation of
9		this Article. It is not intended to supersede any amendment to
10		this Article that is enacted by the 100th General Assembly.
11		(220 ILCS 5/13-1200)
12		Sec. 13-1200. Repealer. This Article is repealed December
13		31, 2020 July 1, 2017.
14		(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
15		(220 ILCS 5/Art. XXI heading)
16		ARTICLE XXI. CABLE AND VIDEO COMPETITION
17		(Source: P.A. 95-9, eff. 6-30-07.)
18		(220 ILCS 5/21-100)
19		Sec. 21-100. Short title. This Article may be cited as the
20		Cable and Video Competition Law of 2007.
21		(Source: P.A. 95-9, eff. 6-30-07.)
22		(220 ILCS 5/21-101)

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1		Sec. 21-101. Findings. With respect to cable and video
2		competition, the General Assembly finds that:
3		(a) The economy in the State of Illinois will be
4		enhanced by investment in new communications, cable
5		services, and video services infrastructure, including
6		broadband facilities, fiber optic, and Internet protocol
7		technologies.
8		(b) Cable services and video services bring important
9		daily benefits to Illinois consumers by providing news,
10		education, and entertainment.
11		(c) Competitive cable service and video service
12		providers are capable of providing new video programming
13		services and competition to Illinois consumers and of
14		decreasing the prices for video programming services paid
15		by Illinois consumers.
16		(d) Although there has been some competitive entry into
17		the facilities-based video programming market since
18		current franchising requirements in this State were
19		enacted, further entry by facilities-based providers could
20		benefit consumers, provided cable and video services are
21		equitably available to all Illinois consumers at
22		reasonable prices.
23		(e) The provision of competitive cable services and
24		video services is a matter of statewide concern that
25		extends beyond the boundaries of individual local units of
26		government. Notwithstanding the foregoing, public

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1		rights-of-way are limited resources over which the
2		municipality has a custodial duty to ensure that they are
3		used, repaired, and maintained in a manner that best serves
4		the public interest.
5		(f) The State authorization process and uniform
6		standards and procedures in this Article are intended to
7		enable rapid and widespread entry by competitive
8		providers, which will bring to Illinois consumers the
9		benefits of video competition, including providing
10		consumers with more choice, lower prices, higher speed and
11		more advanced Internet access, more diverse and varied
12		news, public information, education, and entertainment
13		programming, and will bring to this State and its local
14		units of government the benefits of new infrastructure
15		investment, job growth, and innovation in broadband and
16		Internet protocol technologies and deployment.
17		(g) Providing an incumbent cable or video service
18		provider with the option to secure a State-issued
19		authorization through the termination of existing cable
20		franchises between incumbent cable and video service
21		providers and any local franchising authority is part of
22		the new regulatory framework established by this Article.
23		This Article is intended to best ensure equal treatment and
24		parity among providers and technologies.
25		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

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1		(220 ILCS 5/21-101.1)
2		Sec. 21-101.1. Applicability. The provisions of Public Act
3		95-9 shall apply only to a holder of a cable service or video
4		service authorization issued by the Commission pursuant to this
5		Article, and shall not apply to any person or entity that
6		provides cable television services under a cable television
7		franchise issued by any municipality or county pursuant to
8		Section 11-42-11 of the Illinois Municipal Code (65 ILCS
9		5/11-42-11) or Section 5-1095 of the Counties Code (55 ILCS
10		5/5-1095), unless specifically provided for herein. A local
11		unit of government that has an existing agreement for the
12		provision of video services with a company or entity that uses
13		its telecommunications facilities to provide video service as
14		of May 30, 2007 may continue to operate under that agreement or
15		may, at its discretion, terminate the existing agreement and
16		require the video provider to obtain a State-issued
17		authorization under this Article.
18		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
19		(220 ILCS 5/21-201)
20		Sec. 21-201. Definitions. As used in this Article:
21		(a) "Access" means that the cable or video provider is
22		capable of providing cable services or video services at the
23		household address using any technology, other than
24		direct-to-home satellite service, that provides 2-way
25		broadband Internet capability and video programming, content,

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1		and functionality, regardless of whether any customer has
2		ordered service or whether the owner or landlord or other
3		responsible person has granted access to the household. If more
4		than one technology is used, the technologies shall provide
5		similar 2-way broadband Internet accessibility and similar
6		video programming.
7		(b) "Basic cable or video service" means any cable or video
8		service offering or tier that includes the retransmission of
9		local television broadcast signals.
10		(c) "Broadband service" means a high speed service
11		connection to the public Internet capable of supporting, in at
12		least one direction, a speed in excess of 200 kilobits per
13		second (kbps) to the network demarcation point at the
14		subscriber's premises.
15		(d) "Cable operator" means that term as defined in item (5)
16		of 47 U.S.C. 522.
17		(e) "Cable service" means that term as defined in item (6)
18		of 47 U.S.C. 522.
19		(f) "Cable system" means that term as defined in item (7)
20		of 47 U.S.C. 522.
21		(g) "Commission" means the Illinois Commerce Commission.
22		(h) "Competitive cable service or video service provider"
23		means a person or entity that is providing or seeks to provide
24		cable service or video service in an area where there is at
25		least one incumbent cable operator.
26		(i) "Designated market area" means a designated market

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1		area, as determined by Nielsen Media Research and published in
2		the 1999-2000 Nielsen Station Index Directory and Nielsen
3		Station Index United States Television Household Estimates or
4		any successor publication. For any designated market area that
5		crosses State lines, only households in the portion of the
6		designated market area that is located within the holder's
7		telecommunications service area in the State where access to
8		video service will be offered shall be considered.
9		(j) "Footprint" means the geographic area designated by the
10		cable service or video service provider as the geographic area
11		in which it will offer cable services or video services during
12		the period of its State-issued authorization. Each footprint
13		shall be identified in terms of either (i) exchanges, as that
14		term is defined in Section 13-206 of this Act; (ii) a
15		collection of United States Census Bureau Block numbers (13
16		digit); (iii) if the area is smaller than the areas identified
17		in either (i) or (ii), by geographic information system digital
18		boundaries meeting or exceeding national map accuracy
19		standards; or (iv) local units of government.
20		(k) "Holder" means a person or entity that has received
21		authorization to offer or provide cable or video service from
22		the Commission pursuant to Section 21-401 of this Article.
23		(l) "Household" means a house, an apartment, a mobile home,
24		a group of rooms, or a single room that is intended for
25		occupancy as separate living quarters. Separate living
26		quarters are those in which the occupants live and eat

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1		separately from any other persons in the building and that have
2		direct access from the outside of the building or through a
3		common hall. This definition is consistent with the United
4		States Census Bureau, as that definition may be amended
5		thereafter.
6		(m) "Incumbent cable operator" means a person or entity
7		that provided cable services or video services in a particular
8		area under a franchise agreement with a local unit of
9		government pursuant to Section 11-42-11 of the Illinois
10		Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the
11		Counties Code (55 ILCS 5/5-1095) on January 1, 2007.
12		(n) "Local franchising authority" means the local unit of
13		government that has or requires a franchise with a cable
14		operator, a provider of cable services, or a provider of video
15		services to construct or operate a cable or video system or to
16		offer cable services or video services under Section 11-42-11
17		of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section
18		5-1095 of the Counties Code (55 ILCS 5/5-1095).
19		(o) "Local unit of government" means a city, village,
20		incorporated town, or county.
21		(p) "Low-income household" means those residential
22		households located within the holder's existing telephone
23		service area where the average annual household income is less
24		than $35,000, based on the United States Census Bureau
25		estimates adjusted annually to reflect rates of change and
26		distribution.

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1		(q) "Public rights-of-way" means the areas on, below, or
2		above a public roadway, highway, street, public sidewalk,
3		alley, waterway, or utility easements dedicated for compatible
4		uses.
5		(r) "Service" means the provision of cable service or video
6		service to subscribers and the interaction of subscribers with
7		the person or entity that has received authorization to offer
8		or provide cable or video service from the Commission pursuant
9		to Section 21-401 of this Act.
10		(s) "Service provider fee" means the amount paid under
11		Section 21-801 of this Act by the holder to a municipality, or
12		in the case of an unincorporated service area to a county, for
13		service areas within its territorial jurisdiction, but under no
14		circumstances shall the service provider fee be paid to more
15		than one local unit of government for the same portion of the
16		holder's service area.
17		(t) "Telecommunications service area" means the area
18		designated by the Commission as the area in which a
19		telecommunications company was obligated to provide
20		non-competitive local telephone service as of February 8, 1996
21		as incorporated into Section 13-202.5 of this Act.
22		(u) "Video programming" means that term as defined in item
23		(20) of 47 U.S.C. 522.
24		(v) "Video service" means video programming and subscriber
25		interaction, if any, that is required for the selection or use
26		of such video programming services, and that is provided

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1		through wireline facilities located at least in part in the
2		public rights-of-way without regard to delivery technology,
3		including Internet protocol technology. This definition does
4		not include any video programming provided by a commercial
5		mobile service provider defined in subsection (d) of 47 U.S.C.
6		332 or any video programming provided solely as part of, and
7		via, service that enables users to access content, information,
8		electronic mail, or other services offered over the public
9		Internet.
10		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
11		(220 ILCS 5/21-301)
12		Sec. 21-301. Eligibility.
13		(a) A person or entity seeking to provide cable service or
14		video service in this State after June 30, 2007 (the effective
15		date of Public Act 95-9) shall either (1) obtain a State-issued
16		authorization pursuant to Section 21-401 of the Public
17		Utilities Act (220 ILCS 5/21-401); (2) obtain authorization
18		pursuant to Section 11-42-11 of the Illinois Municipal Code (65
19		ILCS 5/11-42-11); or (3) obtain authorization pursuant to
20		Section 5-1095 of the Counties Code (55 ILCS 5/5-1095).
21		(b) An incumbent cable operator shall be eligible to apply
22		for a State-issued authorization as provided in subsection (c)
23		of this Section. Upon expiration of its current franchise
24		agreement, an incumbent cable operator may obtain State
25		authorization from the Commission pursuant to this Article or

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1		may pursue a franchise renewal with the appropriate local
2		franchise authority under State and federal law. An incumbent
3		cable operator and any successor-in-interest that receives a
4		State-issued authorization shall be obligated to provide
5		access to cable services or video services within any local
6		unit of government at the same levels required by the local
7		franchising authorities for the local unit of government on
8		June 30, 2007 (the effective date of Public Act 95-9).
9		(c)(1) An incumbent cable operator may elect to terminate
10		its agreement with the local franchising authority and obtain a
11		State-issued authorization by providing written notice to the
12		Commission and the affected local franchising authority and any
13		entity authorized by that franchising authority to manage
14		public, education, and government access at least 180 days
15		prior to its filing an application for a State-issued
16		authorization. The existing agreement shall be terminated on
17		the date that the Commission issues the State-issued
18		authorization.
19		(2) An incumbent cable operator that elects to
20		terminate an existing agreement with a local franchising
21		authority under this Section is responsible for remitting
22		to the affected local franchising authority and any entity
23		designated by that local franchising authority to manage
24		public, education, and government access before the 46th
25		day after the date the agreement is terminated any accrued
26		but unpaid fees due under the terminated agreement. If that

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1		incumbent cable operator has credit remaining from prepaid
2		franchise fees, such amount of the remaining credit may be
3		deducted from any future fees the incumbent cable operator
4		must pay to the local franchising authority pursuant to
5		subsection (b) of Section 21-801 of this Act.
6		(3) An incumbent cable operator that elects to
7		terminate an existing agreement with a local franchising
8		authority under this Section shall pay the affected local
9		franchising authority and any entity designated by that
10		franchising authority to manage public, education, and
11		government access, at the time that they would have been
12		due, all monetary payments for public, education, or
13		government access that would have been due during the
14		remaining term of the agreement had it not been terminated
15		as provided in this paragraph. All payments made by an
16		incumbent cable operator pursuant to the previous sentence
17		of this paragraph may be credited against the fees that
18		that operator owes under item (1) of subsection (d) of
19		Section 21-801 of this Act.
20		(d) For purposes of this Article, the Commission shall be
21		the franchising authority for cable service or video service
22		providers that apply for and obtain a State-issued
23		authorization under this Article with regard to the footprint
24		covered by such authorization. Notwithstanding any other
25		provision of this Article, holders using telecommunications
26		facilities to provide cable service or video service are not

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1		obligated to provide that service outside the holder's
2		telecommunications service area.
3		(e) Any person or entity that applies for and obtains a
4		State-issued authorization under this Article shall not be
5		subject to Section 11-42-11 of the Illinois Municipal Code (65
6		ILCS 5/11-42-11) or Section 5-1095 of the Counties Code (55
7		ILCS 5/5-1095), except as provided in this Article. Except as
8		provided under this Article, neither the Commission nor any
9		local unit of government may require a person or entity that
10		has applied for and obtained a State-issued authorization to
11		obtain a separate franchise or pay any franchise fee on cable
12		service or video service.
13		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
14		(220 ILCS 5/21-401)
15		Sec. 21-401. Applications.
16		(a)(1) A person or entity seeking to provide cable service
17		or video service pursuant to this Article shall not use the
18		public rights-of-way for the installation or construction of
19		facilities for the provision of cable service or video service
20		or offer cable service or video service until it has obtained a
21		State-issued authorization to offer or provide cable or video
22		service under this Section, except as provided for in item (2)
23		of this subsection (a). All cable or video providers offering
24		or providing service in this State shall have authorization
25		pursuant to either (i) the Cable and Video Competition Law of

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1		2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
2		Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
3		5-1095 of the Counties Code (55 ILCS 5/5-1095).
4		(2) Nothing in this Section shall prohibit a local unit of
5		government from granting a permit to a person or entity for the
6		use of the public rights-of-way to install or construct
7		facilities to provide cable service or video service, at its
8		sole discretion. No unit of local government shall be liable
9		for denial or delay of a permit prior to the issuance of a
10		State-issued authorization.
11		(b) The application to the Commission for State-issued
12		authorization shall contain a completed affidavit submitted by
13		the applicant and signed by an officer or general partner of
14		the applicant affirming all of the following:
15		(1) That the applicant has filed or will timely file
16		with the Federal Communications Commission all forms
17		required by that agency in advance of offering cable
18		service or video service in this State.
19		(2) That the applicant agrees to comply with all
20		applicable federal and State statutes and regulations.
21		(3) That the applicant agrees to comply with all
22		applicable local unit of government regulations.
23		(4) An exact description of the cable service or video
24		service area where the cable service or video service will
25		be offered during the term of the State-issued
26		authorization. The service area shall be identified in

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1		terms of either (i) exchanges, as that term is defined in
2		Section 13-206 of this Act; (ii) a collection of United
3		States Census Bureau Block numbers (13 digit); (iii) if the
4		area is smaller than the areas identified in either (i) or
5		(ii), by geographic information system digital boundaries
6		meeting or exceeding national map accuracy standards; or
7		(iv) local unit of government. The description shall
8		include the number of low-income households within the
9		service area or footprint. If an applicant is an incumbent
10		cable operator, the incumbent cable operator and any
11		successor-in-interest shall be obligated to provide access
12		to cable services or video services within any local units
13		of government at the same levels required by the local
14		franchising authorities for the local unit of government on
15		June 30, 2007 (the effective date of Public Act 95-9), and
16		its application shall provide a description of an area no
17		smaller than the service areas contained in its franchise
18		or franchises within the jurisdiction of the local unit of
19		government in which it seeks to offer cable or video
20		service.
21		(5) The location and telephone number of the
22		applicant's principal place of business within this State
23		and the names of the applicant's principal executive
24		officers who are responsible for communications concerning
25		the application and the services to be offered pursuant to
26		the application, the applicant's legal name, and any name

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1		or names under which the applicant does or will provide
2		cable services or video services in this State.
3		(6) A certification that the applicant has
4		concurrently delivered a copy of the application to all
5		local units of government that include all or any part of
6		the service area identified in item (4) of this subsection
7		(b) within such local unit of government's jurisdictional
8		boundaries.
9		(7) The expected date that cable service or video
10		service will be initially offered in the area identified in
11		item (4) of this subsection (b). In the event that a holder
12		does not offer cable services or video services within 3
13		months after the expected date, it shall amend its
14		application and update the expected date service will be
15		offered and explain the delay in offering cable services or
16		video services.
17		(8) For any entity that received State-issued
18		authorization prior to this amendatory Act of the 98th
19		General Assembly as a cable operator and that intends to
20		proceed as a cable operator under this Article, the entity
21		shall file a written affidavit with the Commission and
22		shall serve a copy of the affidavit with any local units of
23		government affected by the authorization within 30 days
24		after the effective date of this amendatory Act of the 98th
25		General Assembly stating that the holder will be providing
26		cable service under the State-issued authorization.

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1		The application shall include adequate assurance that the
2		applicant possesses the financial, managerial, legal, and
3		technical qualifications necessary to construct and operate
4		the proposed system, to promptly repair any damage to the
5		public right-of-way caused by the applicant, and to pay the
6		cost of removal of its facilities. To accomplish these
7		requirements, the applicant may, at the time the applicant
8		seeks to use the public rights-of-way in that jurisdiction, be
9		required by the State of Illinois or later be required by the
10		local unit of government, or both, to post a bond, produce a
11		certificate of insurance, or otherwise demonstrate its
12		financial responsibility.
13		The application shall include the applicant's general
14		standards related to customer service required by Section
15		22-501 of this Act, which shall include, but not be limited to,
16		installation, disconnection, service and repair obligations;
17		appointment hours; employee ID requirements; customer service
18		telephone numbers and hours; procedures for billing, charges,
19		deposits, refunds, and credits; procedures for termination of
20		service; notice of deletion of programming service and changes
21		related to transmission of programming or changes or increases
22		in rates; use and availability of parental control or lock-out
23		devices; complaint procedures and procedures for bill dispute
24		resolution and a description of the rights and remedies
25		available to consumers if the holder does not materially meet
26		their customer service standards; and special services for

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1		customers with visual, hearing, or mobility disabilities.
2		(c)(1) The applicant may designate information that it
3		submits in its application or subsequent reports as
4		confidential or proprietary, provided that the applicant
5		states the reasons the confidential designation is necessary.
6		The Commission shall provide adequate protection for such
7		information pursuant to Section 4-404 of this Act. If the
8		Commission, a local unit of government, or any other party
9		seeks public disclosure of information designated as
10		confidential, the Commission shall consider the confidential
11		designation in a proceeding under the Illinois Administrative
12		Procedure Act, and the burden of proof to demonstrate that the
13		designated information is confidential shall be upon the
14		applicant. Designated information shall remain confidential
15		pending the Commission's determination of whether the
16		information is entitled to confidential treatment. Information
17		designated as confidential shall be provided to local units of
18		government for purposes of assessing compliance with this
19		Article as permitted under a Protective Order issued by the
20		Commission pursuant to the Commission's rules and to the
21		Attorney General pursuant to Section 6.5 of the Attorney
22		General Act (15 ILCS 205/6.5). Information designated as
23		confidential under this Section or determined to be
24		confidential upon Commission review shall only be disclosed
25		pursuant to a valid and enforceable subpoena or court order or
26		as required by the Freedom of Information Act. Nothing herein

HB1811 Enrolled - 322 - LRB100 08000 SMS 18081 b
1		shall delay the application approval timeframes set forth in
2		this Article.
3		(2) Information regarding the location of video services
4		that have been or are being offered to the public and aggregate
5		information included in the reports required by this Article
6		shall not be designated or treated as confidential.
7		(d)(1) The Commission shall post all applications it
8		receives under this Article on its web site within 5 business
9		days.
10		(2) The Commission shall notify an applicant for a cable
11		service or video service authorization whether the applicant's
12		application and affidavit are complete on or before the 15th
13		business day after the applicant submits the application. If
14		the application and affidavit are not complete, the Commission
15		shall state in its notice all of the reasons the application or
16		affidavit are incomplete, and the applicant shall resubmit a
17		complete application. The Commission shall have 30 days after
18		submission by the applicant of a complete application and
19		affidavit to issue the service authorization. If the Commission
20		does not notify the applicant regarding the completeness of the
21		application and affidavit or issue the service authorization
22		within the time periods required under this subsection, the
23		application and affidavit shall be considered complete and the
24		service authorization issued upon the expiration of the 30th
25		day.
26		(e) Any authorization issued by the Commission will expire

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1		on December 31, 2023 2020 and shall contain or include all of
2		the following:
3		(1) A grant of authority, including an authorization
4		issued prior to this amendatory Act of the 98th General
5		Assembly, to provide cable service or video service in the
6		service area footprint as requested in the application,
7		subject to the provisions of this Article in existence on
8		the date the grant of authority was issued, and any
9		modifications to this Article enacted at any time prior to
10		the date in Section 21-1601 of this Act, and to the laws of
11		the State and the ordinances, rules, and regulations of the
12		local units of government.
13		(2) A grant of authority to use, occupy, and construct
14		facilities in the public rights-of-way for the delivery of
15		cable service or video service in the service area
16		footprint, subject to the laws, ordinances, rules, or
17		regulations of this State and local units of governments.
18		(3) A statement that the grant of authority is subject
19		to lawful operation of the cable service or video service
20		by the applicant, its affiliated entities, or its
21		successors-in-interest.
22		(e-5) The Commission shall notify a local unit of
23		government within 3 business days of the grant of any
24		authorization within a service area footprint if that
25		authorization includes any part of the local unit of
26		government's jurisdictional boundaries and state whether the

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1		holder will be providing video service or cable service under
2		the authorization.
3		(f) The authorization issued pursuant to this Section by
4		the Commission may be transferred to any successor-in-interest
5		to the applicant to which it is initially granted without
6		further Commission action if the successor-in-interest (i)
7		submits an application and the information required by
8		subsection (b) of this Section for the successor-in-interest
9		and (ii) is not in violation of this Article or of any federal,
10		State, or local law, ordinance, rule, or regulation. A
11		successor-in-interest shall file its application and notice of
12		transfer with the Commission and the relevant local units of
13		government no less than 15 business days prior to the
14		completion of the transfer. The Commission is not required or
15		authorized to act upon the notice of transfer; however, the
16		transfer is not effective until the Commission approves the
17		successor-in-interest's application. A local unit of
18		government or the Attorney General may seek to bar a transfer
19		of ownership by filing suit in a court of competent
20		jurisdiction predicated on the existence of a material and
21		continuing breach of this Article by the holder, a pattern of
22		noncompliance with customer service standards by the potential
23		successor-in-interest, or the insolvency of the potential
24		successor-in-interest. If a transfer is made when there are
25		violations of this Article or of any federal, State, or local
26		law, ordinance, rule, or regulation, the successor-in-interest

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1		shall be subject to 3 times the penalties provided for in this
2		Article.
3		(g) The authorization issued pursuant to this Section by
4		the Commission may be terminated, or its cable service or video
5		service area footprint may be modified, by the cable service
6		provider or video service provider by submitting notice to the
7		Commission and to the relevant local unit of government
8		containing a description of the change on the same terms as the
9		initial description pursuant to item (4) of subsection (b) of
10		this Section. The Commission is not required or authorized to
11		act upon that notice. It shall be a violation of this Article
12		for a holder to discriminate against potential residential
13		subscribers because of the race or income of the residents in
14		the local area in which the group resides by terminating or
15		modifying its cable service or video service area footprint. It
16		shall be a violation of this Article for a holder to terminate
17		or modify its cable service or video service area footprint if
18		it leaves an area with no cable service or video service from
19		any provider.
20		(h) The Commission's authority to administer this Article
21		is limited to the powers and duties explicitly provided under
22		this Article. Its authority under this Article does not include
23		or limit the powers and duties that the Commission has under
24		the other Articles of this Act, the Illinois Administrative
25		Procedure Act, or any other law or regulation to conduct
26		proceedings, other than as provided in subsection (c), or has

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1		to promulgate rules or regulations. The Commission shall not
2		have the authority to limit or expand the obligations and
3		requirements provided in this Section or to regulate or control
4		a person or entity to the extent that person or entity is
5		providing cable service or video service, except as provided in
6		this Article.
7		(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6,
8		eff. 6-29-15.)
9		(220 ILCS 5/21-601)
10		Sec. 21-601. Public, education, and government access. For
11		the purposes of this Section, "programming" means content
12		produced or provided by any person, group, governmental agency,
13		or noncommercial public or private agency or organization.
14		(a) Not later than 90 days after a request by the local
15		unit of government or its designee that has received notice
16		under subsection (a) of Section 21-801 of this Act, the holder
17		shall (i) designate the same amount of capacity on its network
18		to provide for public, education, and government access use as
19		the incumbent cable operator is required to designate under its
20		franchise terms in effect with a local unit of government on
21		January 1, 2007 and (ii) retransmit to its subscribers the same
22		number of public, education, and government access channels as
23		the incumbent cable operator was retransmitting to subscribers
24		on January 1, 2007.
25		(b) If the local unit of government produces or maintains

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1		the public education or government programming in a manner or
2		form that is compatible with the holder's network, it shall
3		transmit such programming to the holder in that form provided
4		that form permits the holder to satisfy the requirements of
5		subsection (c) of this Section. If the local unit of government
6		does not produce or maintain such programming in that manner or
7		form, then the holder shall be responsible for any changes in
8		the form of the transmission necessary to make public,
9		education, and government programming compatible with the
10		technology or protocol used by the holder to deliver services.
11		The holder shall receive programming from the local unit of
12		government (or the local unit of government's public,
13		education, and government programming providers) and transmit
14		that public, education, and government programming directly to
15		the holder's subscribers within the local unit of government's
16		jurisdiction at no cost to the local unit of government or the
17		public, education, and government programming providers. If
18		the holder is required to change the form of the transmission,
19		the local unit of government or its designee shall provide
20		reasonable access to the holder to allow the holder to transmit
21		the public, education, and government programming in an
22		economical manner subject to the requirements of subsection (c)
23		of this Section.
24		(c) The holder shall provide to subscribers public,
25		education, and government access channel capacity at
26		equivalent visual and audio quality and equivalent

HB1811 Enrolled - 328 - LRB100 08000 SMS 18081 b
1		functionality, from the viewing perspective of the subscriber,
2		to that of commercial channels carried on the holder's basic
3		cable or video service offerings or tiers without the need for
4		any equipment other than the equipment necessary to receive the
5		holder's basic cable or video service offerings or tiers.
6		(d) The holder and an incumbent cable operator shall
7		negotiate in good faith to interconnect their networks, if
8		needed, for the purpose of providing public, education, and
9		government programming. Interconnection may be accomplished by
10		direct cable, microwave link, satellite, or other reasonable
11		method of connection. The holder and the incumbent cable
12		operator shall provide interconnection of the public,
13		education, and government channels on reasonable terms and
14		conditions and may not withhold the interconnection. If a
15		holder and an incumbent cable operator cannot reach a mutually
16		acceptable interconnection agreement, the local unit of
17		government may require the incumbent cable operator to allow
18		the holder to interconnect its network with the incumbent cable
19		operator's network at a technically feasible point on their
20		networks. If no technically feasible point for interconnection
21		is available, the holder and an incumbent cable operator shall
22		each make an interconnection available to the public,
23		education, and government channel originators at their local
24		origination points and shall provide the facilities necessary
25		for the interconnection. The cost of any interconnection shall
26		be borne by the holder unless otherwise agreed to by the

HB1811 Enrolled - 329 - LRB100 08000 SMS 18081 b
1		parties. The interconnection required by this subsection shall
2		be completed within the 90-day deadline set forth in subsection
3		(a) of this Section.
4		(e) The public, education, and government channels shall be
5		for the exclusive use of the local unit of government or its
6		designee to provide public, education, and government
7		programming. The public, education, and government channels
8		shall be used only for noncommercial purposes. However,
9		advertising, underwriting, or sponsorship recognition may be
10		carried on the channels for the purpose of funding public,
11		education, and government access related activities.
12		(f) Public, education, and government channels shall all be
13		carried on the holder's basic cable or video service offerings
14		or tiers. To the extent feasible, the public, education, and
15		government channels shall not be separated numerically from
16		other channels carried on the holder's basic cable or video
17		service offerings or tiers, and the channel numbers for the
18		public, education, and government channels shall be the same
19		channel numbers used by the incumbent cable operator, unless
20		prohibited by federal law. After the initial designation of
21		public, education, and government channel numbers, the channel
22		numbers shall not be changed without the agreement of the local
23		unit of government or the entity to which the local unit of
24		government has assigned responsibility for managing public,
25		education, and government access channels, unless the change is
26		required by federal law. Each channel shall be capable of

HB1811 Enrolled - 330 - LRB100 08000 SMS 18081 b
1		carrying a National Television System Committee (NTSC)
2		television signal.
3		(g) The holder shall provide a listing of public,
4		education, and government channels on channel cards and menus
5		provided to subscribers in a manner equivalent to other
6		channels if the holder uses such cards and menus. Further, the
7		holder shall provide a listing of public, education, and
8		government programming on its electronic program guide if such
9		a guide is utilized by the holder. It is the public, education,
10		and government entity's responsibility to provide the holder or
11		its designated agent, as determined by the holder, with program
12		schedules and information in a timely manner.
13		(h) If less than 3 public, education, and government
14		channels are provided within the local unit of government as of
15		January 1, 2007, a local unit of government whose jurisdiction
16		lies within the authorized service area of the holder may
17		initially request the holder to designate sufficient capacity
18		for up to 3 public, education, and government channels. A local
19		unit of government or its designee that seeks to add additional
20		capacity shall give the holder a written notification
21		specifying the number of additional channels to be used,
22		specifying the number of channels in actual use, and verifying
23		that the additional channels requested will be put into actual
24		use.
25		(i) The holder shall, within 90 days of a request by the
26		local unit of government or its designated public, education,

HB1811 Enrolled - 331 - LRB100 08000 SMS 18081 b
1		or government access entity, provide sufficient capacity for an
2		additional channel for public, education, and government
3		access when the programming on a given access channel exceeds
4		40 hours per week as measured on a quarterly basis. The
5		additional channel shall not be used for any purpose other than
6		for carrying additional public, education, or government
7		access programming.
8		(j) The public, education, and government access
9		programmer is solely responsible for the content that it
10		provides over designated public, education, or government
11		channels. A holder shall not exercise any editorial control
12		over any programming on any channel designed for public,
13		education, or government use or on any other channel required
14		by law or a binding agreement with the local unit of
15		government.
16		(k) A holder shall not be subject to any civil or criminal
17		liability for any program carried on any channel designated for
18		public, education, or government use.
19		(l) A court of competent jurisdiction shall have exclusive
20		jurisdiction to enforce any requirement under this Section or
21		resolve any dispute regarding the requirements set forth in
22		this Section, and no provider of cable service or video service
23		may be barred from providing service or be required to
24		terminate service as a result of that dispute or enforcement
25		action.
26		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

HB1811 Enrolled - 332 - LRB100 08000 SMS 18081 b
1		(220 ILCS 5/21-701)
2		Sec. 21-701. Emergency alert system. The holder shall
3		comply with all applicable requirements of the Federal
4		Communications Commission involving the distribution and
5		notification of federal, State, and local emergency messages
6		over the emergency alert system applicable to cable operators.
7		The holder will provide a requesting local unit of government
8		with sufficient information regarding how to submit, via
9		telephone or web listing, a local emergency alert for
10		distribution over its cable or video network. To the extent
11		that a local unit of government requires incumbent cable
12		operators to provide emergency alert system messages or
13		services in excess of the requirements of this Section, the
14		holder shall comply with any such additional requirements
15		within the jurisdiction of the local franchising authority. The
16		holder may provide a local emergency alert to an area larger
17		than the boundaries of the local unit of government issuing the
18		emergency alert.
19		(Source: P.A. 95-9, eff. 6-30-07.)
20		(220 ILCS 5/21-801)
21		Sec. 21-801. Applicable fees payable to the local unit of
22		government.
23		(a) Prior to offering cable service or video service in a
24		local unit of government's jurisdiction, a holder shall notify

HB1811 Enrolled - 333 - LRB100 08000 SMS 18081 b
1		the local unit of government. The notice shall be given to the
2		local unit of government at least 10 days before the holder
3		begins to offer cable service or video service within the
4		boundaries of that local unit of government.
5		(b) In any local unit of government in which a holder
6		offers cable service or video service on a commercial basis,
7		the holder shall be liable for and pay the service provider fee
8		to the local unit of government. The local unit of government
9		shall adopt an ordinance imposing such a fee. The holder's
10		liability for the fee shall commence on the first day of the
11		calendar month that is at least 30 days after the holder
12		receives such ordinance. For any such ordinance adopted on or
13		after the effective date of this amendatory Act of the 99th
14		General Assembly, the holder's liability shall commence on the
15		first day of the calendar month that is at least 30 days after
16		the adoption of such ordinance. The ordinance shall be sent by
17		mail, postage prepaid, to the address listed on the holder's
18		application provided to the local unit of government pursuant
19		to item (6) of subsection (b) of Section 21-401 of this Act.
20		The fee authorized by this Section shall be 5% of gross
21		revenues or the same as the fee paid to the local unit of
22		government by any incumbent cable operator providing cable
23		service. The payment of the service provider fee shall be due
24		on a quarterly basis, 45 days after the close of the calendar
25		quarter. If mailed, the fee is considered paid on the date it
26		is postmarked. Except as provided in this Article, the local

HB1811 Enrolled - 334 - LRB100 08000 SMS 18081 b
1		unit of government may not demand any additional fees or
2		charges from the holder and may not demand the use of any other
3		calculation method other than allowed under this Article.
4		(c) For purposes of this Article, "gross revenues" means
5		all consideration of any kind or nature, including, without
6		limitation, cash, credits, property, and in-kind contributions
7		received by the holder for the operation of a cable or video
8		system to provide cable service or video service within the
9		holder's cable service or video service area within the local
10		unit of government's jurisdiction.
11		(1) Gross revenues shall include the following:
12		(i) Recurring charges for cable service or video
13		service.
14		(ii) Event-based charges for cable service or
15		video service, including, but not limited to,
16		pay-per-view and video-on-demand charges.
17		(iii) Rental of set-top boxes and other cable
18		service or video service equipment.
19		(iv) Service charges related to the provision of
20		cable service or video service, including, but not
21		limited to, activation, installation, and repair
22		charges.
23		(v) Administrative charges related to the
24		provision of cable service or video service, including
25		but not limited to service order and service
26		termination charges.

HB1811 Enrolled - 335 - LRB100 08000 SMS 18081 b
1		(vi) Late payment fees or charges, insufficient
2		funds check charges, and other charges assessed to
3		recover the costs of collecting delinquent payments.
4		(vii) A pro rata portion of all revenue derived by
5		the holder or its affiliates pursuant to compensation
6		arrangements for advertising or for promotion or
7		exhibition of any products or services derived from the
8		operation of the holder's network to provide cable
9		service or video service within the local unit of
10		government's jurisdiction. The allocation shall be
11		based on the number of subscribers in the local unit of
12		government divided by the total number of subscribers
13		in relation to the relevant regional or national
14		compensation arrangement.
15		(viii) Compensation received by the holder that is
16		derived from the operation of the holder's network to
17		provide cable service or video service with respect to
18		commissions that are received by the holder as
19		compensation for promotion or exhibition of any
20		products or services on the holder's network, such as a
21		"home shopping" or similar channel, subject to item
22		(ix) of this paragraph (1).
23		(ix) In the case of a cable service or video
24		service that is bundled or integrated functionally
25		with other services, capabilities, or applications,
26		the portion of the holder's revenue attributable to the

HB1811 Enrolled - 336 - LRB100 08000 SMS 18081 b
1		other services, capabilities, or applications shall be
2		included in gross revenue unless the holder can
3		reasonably identify the division or exclusion of the
4		revenue from its books and records that are kept in the
5		regular course of business.
6		(x) The service provider fee permitted by
7		subsection (b) of this Section.
8		(2) Gross revenues do not include any of the following:
9		(i) Revenues not actually received, even if
10		billed, such as bad debt, subject to item (vi) of
11		paragraph (1) of this subsection (c).
12		(ii) Refunds, discounts, or other price
13		adjustments that reduce the amount of gross revenues
14		received by the holder of the State-issued
15		authorization to the extent the refund, rebate,
16		credit, or discount is attributable to cable service or
17		video service.
18		(iii) Regardless of whether the services are
19		bundled, packaged, or functionally integrated with
20		cable service or video service, any revenues received
21		from services not classified as cable service or video
22		service, including, without limitation, revenue
23		received from telecommunications services, information
24		services, or the provision of directory or Internet
25		advertising, including yellow pages, white pages,
26		banner advertisement, and electronic publishing, or

HB1811 Enrolled - 337 - LRB100 08000 SMS 18081 b
1		any other revenues attributed by the holder to noncable
2		service or nonvideo service in accordance with the
3		holder's books and records and records kept in the
4		regular course of business and any applicable laws,
5		rules, regulations, standards, or orders.
6		(iv) The sale of cable services or video services
7		for resale in which the purchaser is required to
8		collect the service provider fee from the purchaser's
9		subscribers to the extent the purchaser certifies in
10		writing that it will resell the service within the
11		local unit of government's jurisdiction and pay the fee
12		permitted by subsection (b) of this Section with
13		respect to the service.
14		(v) Any tax or fee of general applicability imposed
15		upon the subscribers or the transaction by a city,
16		State, federal, or any other governmental entity and
17		collected by the holder of the State-issued
18		authorization and required to be remitted to the taxing
19		entity, including sales and use taxes.
20		(vi) Security deposits collected from subscribers.
21		(vii) Amounts paid by subscribers to "home
22		shopping" or similar vendors for merchandise sold
23		through any home shopping channel offered as part of
24		the cable service or video service.
25		(3) Revenue of an affiliate of a holder shall be
26		included in the calculation of gross revenues to the extent

HB1811 Enrolled - 338 - LRB100 08000 SMS 18081 b
1		the treatment of the revenue as revenue of the affiliate
2		rather than the holder has the effect of evading the
3		payment of the fee permitted by subsection (b) of this
4		Section which would otherwise be paid by the cable service
5		or video service.
6		(d)(1) Except for a holder providing cable service that is
7		subject to the fee in subsection (i) of this Section, the
8		holder shall pay to the local unit of government or the entity
9		designated by that local unit of government to manage public,
10		education, and government access, upon request as support for
11		public, education, and government access, a fee equal to no
12		less than (i) 1% of gross revenues or (ii) if greater, the
13		percentage of gross revenues that incumbent cable operators pay
14		to the local unit of government or its designee for public,
15		education, and government access support in the local unit of
16		government's jurisdiction. For purposes of item (ii) of
17		paragraph (1) of this subsection (d), the percentage of gross
18		revenues that all incumbent cable operators pay shall be equal
19		to the annual sum of the payments that incumbent cable
20		operators in the service area are obligated to pay by
21		franchises and agreements or by contracts with the local
22		government designee for public, education and government
23		access in effect on January 1, 2007, including the total of any
24		lump sum payments required to be made over the term of each
25		franchise or agreement divided by the number of years of the
26		applicable term, divided by the annual sum of such incumbent

HB1811 Enrolled - 339 - LRB100 08000 SMS 18081 b
1		cable operator's or operators' gross revenues during the
2		immediately prior calendar year. The sum of payments includes
3		any payments that an incumbent cable operator is required to
4		pay pursuant to item (3) of subsection (c) of Section 21-301.
5		(2) A local unit of government may require all holders of a
6		State-issued authorization and all cable operators franchised
7		by that local unit of government on June 30, 2007 (the
8		effective date of this Section) in the franchise area to
9		provide to the local unit of government, or to the entity
10		designated by that local unit of government to manage public,
11		education, and government access, information sufficient to
12		calculate the public, education, and government access
13		equivalent fee and any credits under paragraph (1) of this
14		subsection (d).
15		(3) The fee shall be due on a quarterly basis and paid 45
16		days after the close of the calendar quarter. Each payment
17		shall include a statement explaining the basis for the
18		calculation of the fee. If mailed, the fee is considered paid
19		on the date it is postmarked. The liability of the holder for
20		payment of the fee under this subsection shall commence on the
21		same date as the payment of the service provider fee pursuant
22		to subsection (b) of this Section.
23		(e) The holder may identify and collect the amount of the
24		service provider fee as a separate line item on the regular
25		bill of each subscriber.
26		(f) The holder may identify and collect the amount of the

HB1811 Enrolled - 340 - LRB100 08000 SMS 18081 b
1		public, education, and government programming support fee as a
2		separate line item on the regular bill of each subscriber.
3		(g) All determinations and computations under this Section
4		shall be made pursuant to the definition of gross revenues set
5		forth in this Section and shall be made pursuant to generally
6		accepted accounting principles.
7		(h) Nothing contained in this Article shall be construed to
8		exempt a holder from any tax that is or may later be imposed by
9		the local unit of government, including any tax that is or may
10		later be required to be paid by or through the holder with
11		respect to cable service or video service. A State-issued
12		authorization shall not affect any requirement of the holder
13		with respect to payment of the local unit of government's
14		simplified municipal telecommunications tax or any other tax as
15		it applies to any telephone service provided by the holder. A
16		State-issued authorization shall not affect any requirement of
17		the holder with respect to payment of the local unit of
18		government's 911 or E911 fees, taxes, or charges.
19		(i) Except for a municipality having a population of
20		2,000,000 or more, the fee imposed under paragraph (1) of
21		subsection (d) by a local unit of government against a holder
22		who is a cable operator shall be as follows:
23		(1) the fee shall be collected and paid only for
24		capital costs that are considered lawful under Subchapter
25		VI of the federal Communications Act of 1934, as amended,
26		and as implemented by the Federal Communications

HB1811 Enrolled - 341 - LRB100 08000 SMS 18081 b
1		Commission;
2		(2) the local unit of government shall impose any fee
3		by ordinance; and
4		(3) the fee may not exceed 1% of gross revenue; if,
5		however, on the date that an incumbent cable operator files
6		an application under Section 21-401, the incumbent cable
7		operator is operating under a franchise agreement that
8		imposes a fee for support for capital costs for public,
9		education, and government access facilities obligations in
10		excess of 1% of gross revenue, then the cable operator
11		shall continue to provide support for capital costs for
12		public, education, and government access facilities
13		obligations at the rate stated in such agreement.
14		(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)
15		(220 ILCS 5/21-901)
16		Sec. 21-901. Audits.
17		(a) A holder that has received State-issued authorization
18		under this Article is subject to an audit of its service
19		provider fees derived from the provision of cable or video
20		services to subscribers within any part of the local unit of
21		government which is located in the holder's service territory.
22		Any such audit shall be conducted by the local unit of
23		government or its agent for the sole purpose of determining any
24		overpayment or underpayment of the holder's service provider
25		fee to the local unit of government.

HB1811 Enrolled - 342 - LRB100 08000 SMS 18081 b
1		(b) Beginning on or after the effective date of this
2		amendatory Act of the 99th General Assembly, any audit
3		conducted pursuant to this Section by a local government shall
4		be governed by Section 11-42-11.05 of the Illinois Municipal
5		Code or Section 5-1095.1 of the Counties Code.
6		(Source: P.A. 99-6, eff. 6-29-15.)
7		(220 ILCS 5/21-1001)
8		Sec. 21-1001. Local unit of government authority.
9		(a) The holder of a State-issued authorization shall comply
10		with all the applicable construction and technical standards
11		and right-of-way occupancy standards set forth in a local unit
12		of government's code of ordinances relating to the use of
13		public rights-of-way, pole attachments, permit obligations,
14		indemnification, performance bonds, penalties, or liquidated
15		damages. The applicable requirements for a holder that is using
16		its existing telecommunications network or constructing a
17		telecommunications network shall be the same requirements that
18		the local unit of government imposes on telecommunications
19		providers in its jurisdiction. The applicable requirements for
20		a holder that is using or constructing a cable system shall be
21		the same requirements the local unit of government imposes on
22		other cable operators in its jurisdiction.
23		(b) A local unit of government shall allow the holder to
24		install, construct, operate, maintain, and remove a cable
25		service, video service, or telecommunications network within a

HB1811 Enrolled - 343 - LRB100 08000 SMS 18081 b
1		public right-of-way and shall provide the holder with open,
2		comparable, nondiscriminatory, and competitively neutral
3		access to the public right-of-way on the same terms applicable
4		to other cable service or video service providers or cable
5		operators in its jurisdiction. Notwithstanding any other
6		provisions of law, if a local unit of government is permitted
7		by law to require the holder of a State authorization to seek a
8		permit to install, construct, operate, maintain, or remove its
9		cable service, video service, or telecommunications network
10		within a public right-of-way, those permits shall be deemed
11		granted within 45 days after being submitted, if not otherwise
12		acted upon by the local unit of government, provided the holder
13		complies with the requirements applicable to the holder in its
14		jurisdiction.
15		(c) A local unit of government may impose reasonable terms,
16		but it may not discriminate against the holder with respect to
17		any of the following:
18		(1) The authorization or placement of a cable service,
19		video service, or telecommunications network or equipment
20		in public rights-of-way.
21		(2) Access to a building.
22		(3) A local unit of government utility pole attachment.
23		(d) If a local unit of government imposes a permit fee on
24		incumbent cable operators, it may impose a permit fee on the
25		holder only to the extent it imposes such a fee on incumbent
26		cable operators. In all other cases, these fees may not exceed

HB1811 Enrolled - 344 - LRB100 08000 SMS 18081 b
1		the actual, direct costs incurred by the local unit of
2		government for issuing the relevant permit. In no event may a
3		fee under this Section be levied if the holder already has paid
4		a permit fee of any kind in connection with the same activity
5		that would otherwise be covered by the permit fee under this
6		Section provided no additional equipment, work, function, or
7		other burden is added to the existing activity for which the
8		permit was issued.
9		(e) Nothing in this Article shall affect the rights that
10		any holder has under Section 4 of the Telephone Line Right of
11		Way Act (220 ILCS 65/4).
12		(f) In addition to the other requirements in this Section,
13		if the holder installs, upgrades, constructs, operates,
14		maintains, and removes facilities or equipment within a public
15		right-of-way to provide cable service or video service, it
16		shall comply with the following:
17		(1) The holder must locate its equipment in the
18		right-of-way as to cause only minimum interference with the
19		use of streets, alleys, and other public ways and places,
20		and to cause only minimum impact upon and interference with
21		the rights and reasonable convenience of property owners
22		who adjoin any of the said streets, alleys, or other public
23		ways. No fixtures shall be placed in any public ways in
24		such a manner to interfere with the usual travel on such
25		public ways, nor shall such fixtures or equipment limit the
26		visibility of vehicular or pedestrian traffic, or both.

HB1811 Enrolled - 345 - LRB100 08000 SMS 18081 b
1		(2) The holder shall comply with a local unit of
2		government's reasonable requests to place equipment on
3		public property where possible and promptly comply with
4		local unit of government direction with respect to the
5		location and screening of equipment and facilities. In
6		constructing or upgrading its cable or video network in the
7		right-of-way, the holder shall use the smallest suitable
8		equipment enclosures and power pedestals and cabinets then
9		in use by the holder for the application.
10		(3) The holder's construction practices shall be in
11		accordance with all applicable Sections of the
12		Occupational Safety and Health Act of 1970, as amended, as
13		well as all applicable State laws, including the Civil
14		Administrative Code of Illinois, and local codes, where
15		applicable, as adopted by the local unit of government. All
16		installation of electronic equipment shall be of a
17		permanent nature, durable, and, where applicable,
18		installed in accordance with the provisions of the National
19		Electrical Safety Code of the National Bureau of Standards
20		and National Electrical Code of the National Board of Fire
21		Underwriters.
22		(4) The holder shall not interfere with the local unit
23		of government's performance of public works. Nothing in the
24		State-issued authorization shall be in preference or
25		hindrance to the right of the local unit of government to
26		perform or carry on any public works or public improvements

HB1811 Enrolled - 346 - LRB100 08000 SMS 18081 b
1		of any kind. The holder expressly agrees that it shall, at
2		its own expense, protect, support, temporarily disconnect,
3		relocate in the same street or other public place, or
4		remove from such street or other public place any of the
5		network, system, facilities, or equipment when required to
6		do so by the local unit of government because of necessary
7		public health, safety, and welfare improvements. In the
8		event a holder and other users of a public right-of-way,
9		including incumbent cable operators or utilities, are
10		required to relocate and compensation is paid to the users
11		of such public right-of-way, such parties shall be treated
12		equally with respect to such compensation.
13		(5) The holder shall comply with all local units of
14		government inspection requirements. The making of
15		post-construction, subsequent or periodic inspections, or
16		both, or the failure to do so shall not operate to relieve
17		the holder of any responsibility, obligation, or
18		liability.
19		(6) The holder shall maintain insurance or provide
20		evidence of self insurance as required by an applicable
21		ordinance of the local unit of government.
22		(7) The holder shall reimburse all reasonable
23		make-ready expenses, including aerial and underground
24		installation expenses requested by the holder to the local
25		unit of government within 30 days of billing to the holder,
26		provided that such charges shall be at the same rates as

HB1811 Enrolled - 347 - LRB100 08000 SMS 18081 b
1		charges to others for the same or similar services.
2		(8) The holder shall indemnify and hold harmless the
3		local unit of government and all boards, officers,
4		employees, and representatives thereof from all claims,
5		demands, causes of action, liability, judgments, costs and
6		expenses, or losses for injury or death to persons or
7		damage to property owned by, and Worker's Compensation
8		claims against any parties indemnified herein, arising out
9		of, caused by, or as a result of the holder's construction,
10		lines, cable, erection, maintenance, use or presence of, or
11		removal of any poles, wires, conduit, appurtenances
12		thereto, or equipment or attachments thereto. The holder,
13		however, shall not indemnify the local unit of government
14		for any liabilities, damages, cost, and expense resulting
15		from the willful misconduct, or negligence of the local
16		unit of government, its officers, employees, and agents.
17		The obligations imposed pursuant to this Section by a local
18		unit of government shall be competitively neutral.
19		(9) The holder, upon request, shall provide the local
20		unit of government with information describing the
21		location of the cable service or video service facilities
22		and equipment located in the unit of local government's
23		rights-of-way pursuant to its State-issued authorization.
24		If designated by the holder as confidential, such
25		information provided pursuant to this subsection shall be
26		exempt from inspection and copying under the Freedom of

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1		Information Act and shall not be disclosed by the unit of
2		local government to any third party without the written
3		consent of the holder.
4		(Source: P.A. 99-6, eff. 6-29-15.)
5		(220 ILCS 5/21-1101)
6		Sec. 21-1101. Requirements to provide video services.
7		(a) The holder of a State-issued authorization shall not
8		deny access to cable service or video service to any potential
9		residential subscribers because of the race or income of the
10		residents in the local area in which the potential subscribers
11		reside.
12		(b) (Blank).
13		(c)(1) If the holder of a State-issued authorization is
14		using telecommunications facilities to provide cable or video
15		service and has more than 1,000,000 telecommunications access
16		lines in this State, the holder shall provide access to its
17		cable or video service to a number of households equal to at
18		least 35% of the households in the holder's telecommunications
19		service area in the State within 3 years after the date a
20		holder receives a State-issued authorization from the
21		Commission and to a number not less than 50% of these
22		households within 5 years after the date a holder receives a
23		State-issued authorization from the Commission; provided that
24		the holder of a State-issued authorization is not required to
25		meet the 50% requirement in this paragraph (1) until 2 years

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1		after at least 15% of the households with access to the
2		holder's video service subscribe to the service for 6
3		consecutive months.
4		The holder's obligation to provide such access in the State
5		shall be distributed, as the holder determines, within 3
6		designated market areas, one in each of the northeastern,
7		central, and southwestern portions of the holder's
8		telecommunications service area in the State. The designated
9		market area for the northeastern portion shall consist of 2
10		separate and distinct reporting areas: (i) a city with more
11		than 1,000,000 inhabitants, and (ii) all other local units of
12		government on a combined basis within such designated market
13		area in which it offers video service.
14		If any state, in which a holder subject to this subsection
15		(c) or one of its affiliates provides or seeks to provide cable
16		or video service, adopts a law permitting state-issued
17		authorization or statewide franchises to provide cable or video
18		service that requires a cable or video provider to offer
19		service to more than 35% of the households in the cable or
20		video provider's service area in that state within 3 years,
21		holders subject to this subsection (c) shall provide service in
22		this State to the same percentage of households within 3 years
23		of adoption of such law in that state.
24		Furthermore, if any state, in which a holder subject to
25		this subsection (c) or one of its affiliates provides or seeks
26		to provide cable or video service, adopts a law requiring a

HB1811 Enrolled - 350 - LRB100 08000 SMS 18081 b
1		holder of a state-issued authorization or statewide franchises
2		to offer cable or video service to more than 35% of its
3		households if less than 15% of the households with access to
4		the holder's video service subscribe to the service for 6
5		consecutive months, then as a precondition to further
6		build-out, holders subject to this subsection (c) shall be
7		subject to the same percentage of service subscription in
8		meeting its obligation to provide service to 50% of the
9		households in this State.
10		(2) Within 3 years after the date a holder receives a
11		State-issued authorization from the Commission, at least 30% of
12		the total households with access to the holder's cable or video
13		service shall be low-income.
14		Within each designated market area listed in paragraph (1)
15		of this subsection (c), the holder's obligation to offer
16		service to low-income households shall be measured by each
17		exchange, as that term is defined in Section 13-206 of this Act
18		in which the holder chooses to provide cable or video service.
19		The holder is under no obligation to serve or provide access to
20		an entire exchange; however, in addition to the statewide
21		obligation to provide low-income access provided by this
22		Section, in each exchange in which the holder chooses to
23		provide cable or video service, the holder shall provide access
24		to a percentage of low-income households that is at least equal
25		to the percentage of the total low-income households within
26		that exchange.

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1		(d)(1) All other holders shall only provide access to one
2		or more exchanges, as that term is defined in Section 13-206 of
3		this Act, or to local units of government and shall provide
4		access to their cable or video service to a number of
5		households equal to 35% of the households in the exchange or
6		local unit of government within 3 years after the date a holder
7		receives a State-issued authorization from the Commission and
8		to a number not less than 50% of these households within 5
9		years after the date a holder receives a State-issued
10		authorization from the Commission, provided that if the holder
11		is an incumbent cable operator or any successor-in-interest
12		company, it shall be obligated to provide access to cable or
13		video services within the jurisdiction of a local unit of
14		government at the same levels required by the local franchising
15		authorities for that local unit of government on June 30, 2007
16		(the effective date of Public Act 95-9).
17		(2) Within 3 years after the date a holder receives a
18		State-issued authorization from the Commission, at least 30% of
19		the total households with access to the holder's cable or video
20		service shall be low-income.
21		Within each designated exchange, as that term is defined in
22		Section 13-206 of this Act, or local unit of government listed
23		in paragraph (1) of this subsection (d), the holder's
24		obligation to offer service to low-income households shall be
25		measured by each exchange or local unit of government in which
26		the holder chooses to provide cable or video service. Except as

HB1811 Enrolled - 352 - LRB100 08000 SMS 18081 b
1		provided in paragraph (1) of this subsection (d), the holder is
2		under no obligation to serve or provide access to an entire
3		exchange or local unit of government; however, in addition to
4		the statewide obligation to provide low-income access provided
5		by this Section, in each exchange or local unit of government
6		in which the holder chooses to provide cable or video service,
7		the holder shall provide access to a percentage of low-income
8		households that is at least equal to the percentage of the
9		total low-income households within that exchange or local unit
10		of government.
11		(e) A holder subject to subsection (c) of this Section
12		shall provide wireline broadband service, defined as wireline
13		service, capable of supporting, in at least one direction, a
14		speed in excess of 200 kilobits per second (kbps), to the
15		network demarcation point at the subscriber's premises, to a
16		number of households equal to 90% of the households in the
17		holder's telecommunications service area by December 31, 2008,
18		or shall pay within 30 days of December 31, 2008 a sum of
19		$15,000,000 to the Digital Divide Elimination Infrastructure
20		Fund established pursuant to Section 13-301.3 of this Act, or
21		any successor fund established by the General Assembly. In that
22		event the holder is required to make a payment pursuant to this
23		subsection (e), the holder shall have no further accounting for
24		this payment, which shall be used in any part of the State for
25		the purposes established in the Digital Divide Elimination
26		Infrastructure Fund or for broadband deployment.

HB1811 Enrolled - 353 - LRB100 08000 SMS 18081 b
1		(f) The holder of a State-issued authorization may satisfy
2		the requirements of subsections (c) and (d) of this Section
3		through the use of any technology, which shall not include
4		direct-to-home satellite service, that offers service,
5		functionality, and content that is demonstrably similar to that
6		provided through the holder's video service system.
7		(g) In any investigation into or complaint alleging that
8		the holder of a State-issued authorization has failed to meet
9		the requirements of this Section, the following factors may be
10		considered in justification or mitigation or as justification
11		for an extension of time to meet the requirements of
12		subsections (c) and (d) of this Section:
13		(1) The inability to obtain access to public and
14		private rights-of-way under reasonable terms and
15		conditions.
16		(2) Barriers to competition arising from existing
17		exclusive service arrangements in developments or
18		buildings.
19		(3) The inability to access developments or buildings
20		using reasonable technical solutions under commercially
21		reasonable terms and conditions.
22		(4) Natural disasters.
23		(5) Other factors beyond the control of the holder.
24		(h) If the holder relies on the factors identified in
25		subsection (g) of this Section in response to an investigation
26		or complaint, the holder shall demonstrate the following:

HB1811 Enrolled - 354 - LRB100 08000 SMS 18081 b
1		(1) what substantial effort the holder of a
2		State-issued authorization has taken to meet the
3		requirements of subsection (a) or (c) of this Section;
4		(2) which portions of subsection (g) of this Section
5		apply; and
6		(3) the number of days it has been delayed or the
7		requirements it cannot perform as a consequence of
8		subsection (g) of this Section.
9		(i) The factors in subsection (g) of this Section may be
10		considered by the Attorney General or by a court of competent
11		jurisdiction in determining whether the holder is in violation
12		of this Article.
13		(j) Every holder of a State-issued authorization, no later
14		than April 1, 2009, and annually no later than April 1
15		thereafter, shall report to the Commission for each of the
16		service areas as described in subsections (c) and (d) of this
17		Section in which it provides access to its video service in the
18		State, the following information:
19		(1) Cable service and video service information:
20		(A) The number of households in the holder's
21		telecommunications service area within each designated
22		market area as described in subsection (c) of this
23		Section or exchange or local unit of government as
24		described in subsection (d) of this Section in which it
25		offers video service.
26		(B) The number of households in the holder's

HB1811 Enrolled - 355 - LRB100 08000 SMS 18081 b
1		telecommunications service area within each designated
2		market area as described in subsection (c) of this
3		Section or exchange or local unit of government as
4		described in subsection (d) of this Section that are
5		offered access to video service by the holder.
6		(C) The number of households in the holder's
7		telecommunications service area in the State.
8		(D) The number of households in the holder's
9		telecommunications service area in the State that are
10		offered access to video service by the holder.
11		(2) Low-income household information:
12		(A) The number of low-income households in the
13		holder's telecommunications service area within each
14		designated market area as described in subsection (c)
15		of this Section, as further identified in terms of
16		exchanges, or exchange or local unit of government as
17		described in subsection (d) of this Section in which it
18		offers video service.
19		(B) The number of low-income households in the
20		holder's telecommunications service area within each
21		designated market area as described in subsection (c)
22		of this Section, as further identified in terms of
23		exchanges, or exchange or local unit of government as
24		described in subsection (d) of this Section in the
25		State that are offered access to video service by the
26		holder.

HB1811 Enrolled - 356 - LRB100 08000 SMS 18081 b
1		(C) The number of low-income households in the
2		holder's telecommunications service area in the State.
3		(D) The number of low-income households in the
4		holder's telecommunications service area in the State
5		that are offered access to video service by the holder.
6		(j-5) The requirements of subsection (c) of this Section
7		shall be satisfied upon the filing of an annual report with the
8		Commission in compliance with subsection (j) of this Section,
9		including an annual report filed prior to this amendatory Act
10		of the 98th General Assembly, that demonstrates the holder of
11		the authorization has satisfied the requirements of subsection
12		(c) of this Section for each of the service areas in which it
13		provides access to its cable service or video service in the
14		State. Notwithstanding the continued application of this
15		Article to the holder, upon satisfaction of the requirements of
16		subsection (c) of this Section, only the requirements of
17		subsection (a) of this Section 21-1101 of this Act and the
18		following reporting requirements shall continue to apply to
19		such holder:
20		(1) Cable service and video service information:
21		(A) The number of households in the holder's
22		telecommunications service area within each designated
23		market area in which it offers cable service or video
24		service.
25		(B) The number of households in the holder's
26		telecommunications service area within each designated

HB1811 Enrolled - 357 - LRB100 08000 SMS 18081 b
1		market area that are offered access to cable service or
2		video service by the holder.
3		(C) The number of households in the holder's
4		telecommunications service area in the State.
5		(D) The number of households in the holder's
6		telecommunications service area in the State that are
7		offered access to cable service or video service by the
8		holder.
9		(E) The exchanges or local units of government in
10		which the holder added cable service or video service
11		in the prior year.
12		(2) Low-income household information:
13		(A) The number of low-income households in the
14		holder's telecommunications service area within each
15		designated market area in which it offers video
16		service.
17		(B) The number of low-income households in the
18		holder's telecommunications service area within each
19		designated market area that are offered access to video
20		service by the holder.
21		(C) The number of low-income households in the
22		holder's telecommunications service area in the State.
23		(D) The number of low-income households in the
24		holder's telecommunications service area in the State
25		that are offered access to video service by the holder.
26		(j-10) The requirements of subsection (d) of this Section

HB1811 Enrolled - 358 - LRB100 08000 SMS 18081 b
1		shall be satisfied upon the filing of an annual report with the
2		Commission in compliance with subsection (j) of this Section,
3		including an annual report filed prior to this amendatory Act
4		of the 98th General Assembly, that demonstrates the holder of
5		the authorization has satisfied the requirements of subsection
6		(d) of this Section for each of the service areas in which it
7		provides access to its cable service or video service in the
8		State. Notwithstanding the continued application of this
9		Article to the holder, upon satisfaction of the requirements of
10		subsection (d) of this Section, only the requirements of
11		subsection (a) of this Section and the following reporting
12		requirements shall continue to apply to such holder:
13		(1) Cable service and video service information:
14		(A) The number of households in the holder's
15		footprint in which it offers cable service or video
16		service.
17		(B) The number of households in the holder's
18		footprint that are offered access to cable service or
19		video service by the holder.
20		(C) The exchanges or local units of government in
21		which the holder added cable service or video service
22		in the prior year.
23		(2) Low-income household information:
24		(A) The number of low-income households in the
25		holder's footprint in which it offers cable service or
26		video service.

HB1811 Enrolled - 359 - LRB100 08000 SMS 18081 b
1		(B) The number of low-income households in the
2		holder's footprint that are offered access to cable
3		service or video service by the holder.
4		(k) The Commission, within 30 days of receiving the first
5		report from holders under this Section, and annually no later
6		than July 1 thereafter, shall submit to the General Assembly a
7		report that includes, based on year-end data, the information
8		submitted by holders pursuant to subdivisions (1) and (2) of
9		subsections (j), (j-5), and (j-10) of this Section. The
10		Commission shall make this report available to any member of
11		the public or any local unit of government upon request. All
12		information submitted to the Commission and designated by
13		holders as confidential and proprietary shall be subject to the
14		disclosure provisions in subsection (c) of Section 21-401 of
15		this Act. No individually identifiable customer information
16		shall be subject to public disclosure.
17		(Source: P.A. 98-45, eff. 6-28-13.)
18		(220 ILCS 5/21-1201)
19		Sec. 21-1201. Multiple-unit dwellings; interference with
20		holder prohibited.
21		(a) Neither the owner of any multiple-unit residential
22		dwelling nor an agent or representative nor an assignee,
23		grantee, licensee, or similar holders of rights, including
24		easements, in any multiple-unit residential dwelling (the
25		"owner, agent or representative") shall unreasonably interfere

HB1811 Enrolled - 360 - LRB100 08000 SMS 18081 b
1		with the right of any tenant or lawful resident thereof to
2		receive cable service or video service installation or
3		maintenance from a holder of a State-issued authorization, or
4		related service that includes, but is not limited to, voice
5		service, Internet access or other broadband services (alone or
6		in combination) provided over the holder's cable services or
7		video services facilities; provided, however, the owner,
8		agent, or representative may require just and reasonable
9		compensation from the holder for its access to and use of such
10		property to provide installation, operation, maintenance, or
11		removal of such cable service or video service or related
12		services. For purposes of this Section, "access to and use of
13		such property" shall be provided in a nondiscriminatory manner
14		to all cable and video providers offering or providing services
15		at such property and includes common areas of such
16		multiple-unit dwelling, inside wire in the individual unit of
17		any tenant or lawful resident thereof that orders or receives
18		such service and the right to use and connect to building
19		infrastructure, including but not limited to existing cables,
20		wiring, conduit or inner duct, to provide cable service or
21		video service or related services. If there is a dispute
22		regarding the just compensation for such access and use, the
23		owner, agent, or representative shall obtain the payment of
24		just compensation from the holder pursuant to the process and
25		procedures applicable to an owner and franchisee in subsections
26		(c), (d), and (e) of Section 11-42-11.1 of the Illinois

HB1811 Enrolled - 361 - LRB100 08000 SMS 18081 b
1		Municipal Code (65 ILCS 5/11-42-11.1).
2		(b) Neither the owner of any multiple-unit residential
3		dwelling nor an agent or representative shall ask, demand, or
4		receive any additional payment, service, or gratuity in any
5		form from any tenant or lawful resident thereof as a condition
6		for permitting or cooperating with the installation of a cable
7		service or video service or related services to the dwelling
8		unit occupied by a tenant or resident requesting such service.
9		(c) Neither the owner of any multiple-unit residential
10		dwelling nor an agent or representative shall penalize, charge,
11		or surcharge a tenant or resident, forfeit or threaten to
12		forfeit any right of such tenant or resident, or discriminate
13		in any way against such tenant or resident who requests or
14		receives cable service or video service or related services
15		from a holder.
16		(d) Nothing in this Section shall prohibit the owner of any
17		multiple-unit residential dwelling nor an agent or
18		representative from requiring that a holder's facilities
19		conform to reasonable conditions necessary to protect safety,
20		functioning, appearance, and value of premises or the
21		convenience and safety of persons or property.
22		(e) The owner of any multiple-unit residential dwelling or
23		an agent or representative may require a holder to agree to
24		indemnify the owner, or his agents or representatives, for
25		damages or from liability for damages caused by the
26		installation, operation, maintenance, or removal of cable

HB1811 Enrolled - 362 - LRB100 08000 SMS 18081 b
1		service or video service facilities.
2		(f) For purposes of this Section, "multiple-unit dwelling"
3		or "such property" means a multiple dwelling unit building
4		(such as an apartment building, condominium building, or
5		cooperative) and any other centrally managed residential real
6		estate development (such as a gated community, mobile home
7		park, or garden apartment); provided however, that
8		multiple-unit dwelling shall not include time share units,
9		academic campuses and dormitories, military bases, hotels,
10		rooming houses, prisons, jails, halfway houses, nursing homes
11		or other assisted living facilities, and hospitals.
12		(Source: P.A. 98-45, eff. 6-28-13.)
13		(220 ILCS 5/21-1301)
14		Sec. 21-1301. Enforcement; penalties.
15		(a) The Attorney General is responsible for administering
16		and ensuring holders' compliance with this Article, provided
17		that nothing in this Article shall deprive local units of
18		government of the right to enforce applicable rights and
19		obligations.
20		(b) The Attorney General may conduct an investigation
21		regarding possible violations by holders of this Article
22		including, without limitation, the issuance of subpoenas to:
23		(1) require the holder to file a statement or report or
24		to answer interrogatories in writing as to all information
25		relevant to the alleged violations;

HB1811 Enrolled - 363 - LRB100 08000 SMS 18081 b
1		(2) examine, under oath, any person who possesses
2		knowledge or information related to the alleged
3		violations; and
4		(3) examine any record, book, document, account, or
5		paper related to the alleged violation.
6		(c) If the Attorney General determines that there is a
7		reason to believe that a holder has violated or is about to
8		violate this Article, the Attorney General may bring an action
9		in a court of competent jurisdiction in the name of the People
10		of the State against the holder to obtain temporary,
11		preliminary, or permanent injunctive relief and civil
12		penalties for any act, policy, or practice by the holder that
13		violates this Article.
14		(d) If a court orders a holder to make payments to the
15		Attorney General and the payments are to be used for the
16		operations of the Office of the Attorney General or if a holder
17		agrees to make payments to the Attorney General for the
18		operations of the Office of the Attorney General as part of an
19		Assurance of Voluntary Compliance, then the moneys paid under
20		any of the conditions described in this subsection (d) shall be
21		deposited into the Attorney General Court Ordered and Voluntary
22		Compliance Payment Projects Fund. Moneys in the Fund shall be
23		used, subject to appropriation, for the performance of any
24		function pertaining to the exercise of the duties to the
25		Attorney General, including, but not limited to, enforcement of
26		any law of this State and conducting public education programs;

HB1811 Enrolled - 364 - LRB100 08000 SMS 18081 b
1		however, any moneys in the Fund that are required by the court
2		to be used for a particular purpose shall be used for that
3		purpose.
4		(e) In an action against a holder brought pursuant to this
5		Article, the Attorney General may seek the assessment of one or
6		more of the following civil monetary penalties in any action
7		filed under this Article where the holder violates this Article
8		and does not remedy the violation within 30 days of notice by
9		the Attorney General:
10		(1) Any holder that violates or fails to comply with
11		any of the provisions of this Article or of its
12		State-issued authorization shall be subject to a civil
13		penalty of up to $30,000 for each and every offense, or
14		0.00825% of the holder's gross revenues, as defined in
15		Section 21-801 of this Act, whichever is greater. Every
16		violation of the provisions of this Article by a holder is
17		a separate and distinct offense, provided that if the same
18		act or omission violates more than one provision of this
19		Article, only one penalty or cumulative penalty may be
20		imposed for such act or omission. In the case of a
21		continuing violation, each day's continuance thereof shall
22		be a separate and distinct offense, provided that the
23		cumulative penalty for any continuing violation shall not
24		exceed $500,000 per year, and provided further that these
25		limits shall not apply where the violation was intentional
26		and either (i) created substantial risk to the safety of

HB1811 Enrolled - 365 - LRB100 08000 SMS 18081 b
1		the cable service or video service provider's employees or
2		customers or the public or (ii) was intended to cause
3		economic benefits to accrue to the violator.
4		(2) The holder's State-issued authorization may be
5		suspended or revoked if the holder fails to comply with the
6		provisions of this Article after a reasonable time to
7		achieve compliance has passed.
8		(3) If the holder is in violation of Section 21-1101 of
9		this Act, in addition to any other remedies provided by
10		law, a fine not to exceed 3% of the holder's total monthly
11		gross revenue, as that term is defined in this Article,
12		shall be imposed for each month from the date of violation
13		until the date that compliance is achieved.
14		(4) Nothing in this Section shall limit or affect the
15		powers of the Attorney General to enforce the provisions of
16		this Article, Section 22-501 of this Act, or the Consumer
17		Fraud and Deceptive Business Practices Act.
18		(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)
19		(220 ILCS 5/21-1401)
20		Sec. 21-1401. Home rule.
21		(a) The provisions of this Article are a limitation of home
22		rule powers under subsection (i) of Section 6 of Article VII of
23		the Illinois Constitution.
24		(b) Nothing in this Article shall be construed to limit or
25		deny a home rule unit's power to tax as set forth in Section 6

HB1811 Enrolled - 366 - LRB100 08000 SMS 18081 b
1		of Article VII of the Illinois Constitution.
2		(Source: P.A. 95-9, eff. 6-30-07.)
3		(220 ILCS 5/21-1501)
4		Sec. 21-1501. Except as otherwise provided in this Article,
5		this Article shall be enforced only by a court of competent
6		jurisdiction.
7		(Source: P.A. 95-9, eff. 6-30-07.)
8		(220 ILCS 5/21-1502)
9		Sec. 21-1502. Renewal upon repeal of Article. This Section
10		shall apply only to holders who received their State-issued
11		authorization as a cable operator. In the event this Article 21
12		is repealed, the cable operator may seek a renewal under 47
13		U.S.C. 546 subject to the following:
14		(1) Each municipality or county in which a cable
15		operator provided service under the State-issued
16		authorization shall be the franchising authority with
17		respect to any right of renewal under 47 U.S.C. 546 and the
18		provisions of this Section shall apply during the renewal
19		process.
20		(2) If the cable operator was an incumbent cable
21		operator in the local unit of government immediately prior
22		to obtaining a State-issued authorization, then the terms
23		of the local franchise agreement under which the incumbent
24		cable operator operated shall be effective until the later

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1		of: (A) the expiration of what would have been the
2		remaining term of the agreement at the time of the
3		termination of the local franchise agreement pursuant to
4		subsection (c) of Section 21-301 of this Act or (B) the
5		expiration of the renewal process under 47 U.S.C. 546.
6		(3) If the cable operator was not an incumbent cable
7		operator in the service territory immediately prior to the
8		issuance of the State-issued authorization, then the
9		State-issued authorization shall continue in effect until
10		the expiration of the renewal process under 47 U.S.C. 546.
11		(4) In seeking a renewal under this Section, the cable
12		operator must provide the following information to the
13		local franchising authority:
14		(A) the number of subscribers within the franchise
15		area;
16		(B) the number of eligible local government
17		buildings that have access to cable services;
18		(C) the statistical records of performance under
19		the standards established by the Cable and Video
20		Customer Protection Law;
21		(D) cable system improvement and construction
22		plans during the term of the proposed franchise; and
23		(E) the proposed level of support for public,
24		educational, and governmental access programming.
25		(Source: P.A. 98-45, eff. 6-28-13.)

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1		(220 ILCS 5/21-1503 new)
2		Sec. 21-1503. Continuation of Article; validation.
3		(a) The General Assembly finds and declares that this
4		amendatory Act of the 100th General Assembly manifests the
5		intention of the General Assembly to extend the repeal of this
6		Article and have this Article continue in effect until December
7		31, 2020.
8		(b) This Article shall be deemed to have been in continuous
9		effect since July 1, 2017 and it shall continue to be in effect
10		henceforward until it is otherwise lawfully repealed. All
11		previously enacted amendments to this Article taking effect on
12		or after July 1, 2017, are hereby validated. All actions taken
13		in reliance on or under this Article by the Illinois Commerce
14		Commission or any other person or entity are hereby validated.
15		(c) In order to ensure the continuing effectiveness of this
16		Article, it is set forth in full and reenacted by this
17		amendatory Act of the 100th General Assembly. Striking and
18		underscoring are used only to show changes being made to the
19		base text. This reenactment is intended as a continuation of
20		this Article. It is not intended to supersede any amendment to
21		this Article that is enacted by the 100th General Assembly.
22		(220 ILCS 5/21-1601)
23		Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
24		this Article are repealed December 31, 2020 July 1, 2017.
25		(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)

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1		Section 99. Effective date. This Act takes effect upon
2		becoming law.