(220 ILCS 5/Art. XIII heading)
(220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-100.
This Article shall be known and may be cited as the
Universal Telephone Service Protection Law of 1985.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-101. Application of Act to telecommunications rates and
services. The Sections of this Act pertaining to
public utilities, public utility rates and services, and the regulation
thereof, are fully and equally applicable to noncompetitive
telecommunications rates and services, and the regulation thereof, except to the extent modified or supplemented by the
specific provisions of this Article or
where the context clearly renders such provisions inapplicable. Articles I through IV, Sections 5-101, 5-106, 5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501, 8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510,
9-221, 9-222,
9-222.1,
9-222.2, 9-241, 9-250, and 9-252.1, and Article X of this Act
are fully and equally applicable to the noncompetitive and competitive services of an Electing Provider and to
competitive telecommunications rates and services, and the regulation
thereof except that Section 5-109 shall apply to the services of an Electing Provider and to competitive telecommunications rates and services only to the extent that the Commission requires annual reports authorized by Section 5-109, provided the telecommunications provider may use generally accepted accounting practices or accounting systems it uses for financial reporting purposes in the annual report, and except that Sections 8-505 and 9-250 shall not apply to competitive retail telecommunications services and Sections 8-501 and 9-241 shall not apply to competitive services; in addition, as to competitive telecommunications rates and
services, and the regulation thereof, and with the exception of competitive retail telecommunications service rates and services, all rules and regulations
made by a telecommunications carrier affecting or pertaining to its
charges or service shall be just and reasonable.
As of the effective date of this amendatory Act of the 92nd General
Assembly,
Sections 4-202, 4-203,
and
5-202 of this Act shall cease to apply to telecommunications rates and
services.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-102. Findings. With respect to telecommunications services, as
herein defined, the General Assembly finds that:
(220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-103. Policy. Consistent with its findings, the General Assembly
declares that it is the policy of the State of Illinois that:
(220 ILCS 5/13-201) (from Ch. 111 2/3, par. 13-201)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-201.
Unless otherwise specified, the terms set forth in
the following Sections preceding Section 13-301 of this Article are
used in this Act and Article as herein defined.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-202.
"Telecommunications carrier" means and includes every
corporation, company, association, joint stock company or association,
firm, partnership or individual, their lessees, trustees or receivers
appointed by any court whatsoever that owns, controls, operates or manages,
within this State, directly or indirectly, for public use, any plant,
equipment or property used or to be used for or in connection with, or owns
or controls any franchise, license, permit or right to engage in the
provision of, telecommunications services between points within the State
which are specified by the user. "Telecommunications carrier" includes an Electing Provider, as defined in Section 13-506.2. Telecommunications carrier does not
include, however:
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-202.5)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-202.5. Incumbent local exchange carrier. "Incumbent local
exchange carrier" means, with respect to an area, the telecommunications
carrier that
provided noncompetitive local exchange telecommunications service in that
area on
February 8, 1996, and on that date was deemed a member of the exchange
carrier
association pursuant to 47 C.F.R. 69.601(b), and includes its successors,
assigns, and
affiliates.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-203. Telecommunications service.
"Telecommunications service"
means the provision or offering for rent, sale or lease, or in exchange for
other value received, of the transmittal of information, by means of
electromagnetic, including light, transmission with or without benefit of
any closed transmission medium, including all instrumentalities,
facilities, apparatus, and services (including the collection, storage,
forwarding, switching, and delivery of such information) used to provide
such transmission and also includes access and interconnection arrangements
and services.
"Telecommunications service" does not include, however:
The Commission may, by rulemaking, exclude (1) private line service which
is not directly or indirectly used for the origination or termination of
switched telecommunications service, (2) cellular radio service, (3)
high-speed point-to-point data transmission at or above 9.6 kilobits, or
(4) the provision of telecommunications service by a company or person
otherwise subject to Section 13-202 (c) to a telecommunications carrier,
which is incidental to the provision of service subject to Section 13-202 (c),
from active regulatory oversight to the extent it finds, after notice, hearing
and comment that such exclusion is consistent with the public interest and
the purposes and policies of this Article. To the extent that the
Commission has excluded cellular radio service from active regulatory
oversight for any provider of cellular radio service in this State pursuant
to this Section, the Commission shall exclude all other providers of
cellular radio service in the State from active regulatory oversight
without an additional rulemaking proceeding where there are 2 or more
certified providers of cellular radio service in a geographic area.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-204.
"Local Exchange Telecommunications Service" means
telecommunications service between points within an exchange, as defined in
Section 13-206, or the provision of telecommunications service for the
origination or termination of switched telecommunications services.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-205) (from Ch. 111 2/3, par. 13-205)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-205.
"Interexchange Telecommunications Service" means
telecommunications service between points in two or more exchanges.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-206) (from Ch. 111 2/3, par. 13-206)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-206. Exchange. "Exchange" means a geographical area for the
administration of telecommunications services, established and described by
the tariff of a telecommunications carrier providing local exchange
telecommunications service, and consisting of one or more contiguous
central offices, together with associated facilities used in providing such
local exchange telecommunications service. To the extent practicable, a
municipality, city, or village shall not be located in more than one
exchange unless the municipality, city, or village is located in more than
one exchange through annexation that occurs after the establishment of the
exchange boundary.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-207) (from Ch. 111 2/3, par. 13-207)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-207.
"Local Access and Transport Area (LATA)" means a
geographical area designated by the Modification of Final Judgment in U.S.
v. Western Electric Co., Inc., 552 F. Supp. 131 (D.D.C. 1982), as modified
from time to time.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-208) (from Ch. 111 2/3, par. 13-208)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-208.
"Market Service Area (MSA)" means a geographical area
consisting of one or more exchanges, defined by the Commission for the
administration of tariffs, services and other regulatory obligations. The
term Market Service Area includes those areas previously designated by
the Commission.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-209.
"Competitive Telecommunications Service" means a
telecommunications service, its functional equivalent or a substitute
service, which, for some identifiable class or group of customers in an
exchange, group of exchanges, or some other clearly defined geographical
area, is reasonably available from more than one provider, whether or not
such provider is a telecommunications carrier subject to regulation under
this Act. A telecommunications service may be competitive for the entire
state, some geographical area therein, including an exchange or set of
exchanges, or for a specific customer or class or group of customers, but
only to the extent consistent with this definition.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-210) (from Ch. 111 2/3, par. 13-210)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-210.
"Noncompetitive Telecommunications Service" means a
telecommunications service other than a competitive service as defined in
Section 13-209.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-211) (from Ch. 111 2/3, par. 13-211)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-211.
"Resale of Telecommunications Service" means the offering
or provision of telecommunications service primarily through the use of
services or facilities owned or provided by a separate telecommunications
carrier.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-212) (from Ch. 111 2/3, par. 13-212)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-212.
"Telephone or Telecommunications Cooperative" means any
Illinois corporation organized on a cooperative basis for the furnishing of
telephone or telecommunications service.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-213.
"Hearing-aid compatible telephone" means a telephone so
equipped that it can activate an inductive coupling hearing-aid or which
will provide an alternative technology that provides equally effective
telephone service and which will provide equipment necessary for the
hearing impaired to use generally available telecommunications services
effectively or without assistance.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-214) (from Ch. 111 2/3, par. 13-214)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-214.
(a) "Public mobile services" means air-to-ground radio
telephone services, cellular radio telecommunications services, offshore
radio, rural radio service, public land mobile telephone service and other
common carrier radio communications services.
(b) "Private radio services" means private land mobile radio services
and other communications services characterized by the Commission as
private radio services.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-215) (from Ch. 111 2/3, par. 13-215)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-215.
(a) "Essential telephones" means all coin operated
telephones in any public or semi-public location, telephones provided for
emergency use, a reasonable percentage of telephones in hotels, motels,
hospitals and nursing homes and a reasonable percentage of credit card
operated telephones in any group of such telephones.
(b) "Emergency use telephones" includes all telephones intended
primarily to save persons from bodily injury, theft or life threatening
situations. This definition includes, but is not limited to telephones in
elevators, on highways and telephones to alert police, a fire department or
other emergency service providers.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-216)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-216. Network element. "Network element" means a
facility or equipment used in the provision of a telecommunications service.
The term also includes features, functions, and capabilities that are provided
by means of the facility or equipment, including, but not limited to,
subscriber
numbers, databases, signaling systems, and information sufficient for billing
and collection or used in the transmission, routing, or other provision of a
telecommunications service.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-217)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-217. End user. "End user" means any person, corporation,
partnership,
firm, municipality, cooperative, organization, governmental agency, building
owner, or
other entity provided with a telecommunications service for its own consumption
and not
for resale.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-218)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-218. Business end user. "Business end user" means (1) an end user
engaged
primarily or substantially in a paid commercial, professional, or institutional
activity; (2)
an end user provided telecommunications service in a commercial, professional,
or
institutional location, or other location serving primarily or substantially as
a site of an
activity for pay; (3) an end user whose telecommunications service is listed as
the
principal or only number for a business in any yellow pages directory; (4) an
end user
whose telecommunications service is used to conduct promotions, solicitations,
or market
research for which compensation or reimbursement is paid or provided; provided,
however, that the use of telecommunications service, without compensation or
reimbursement, for a charitable or civic purpose shall not constitute business
use of a
telecommunications service.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-219)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-219. Residential end user. "Residential end user" means an end
user other
than a business end user.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-220)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-220. Retail telecommunications service. "Retail telecommunications
service"
means a telecommunications service sold to an end user. "Retail
telecommunications
service" does not include a telecommunications service provided by a
telecommunications
carrier to a telecommunications carrier, including to itself, as a component
of, or for the
provision of, telecommunications service. A business retail telecommunications
service is
a retail telecommunications service provided to a business end user. A
residential retail
telecommunications service is a retail telecommunications service provided to a
residential end user.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-230)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-230. Prepaid calling service. "Prepaid calling service" means telecommunications service that must be paid for in advance by an end user, enables the end user to originate calls using an access number or authorization code, whether manually or electronically dialed, and is sold in predetermined units or dollars of which the number declines with use in a known amount. A prepaid calling service call is a call made by an end user using prepaid calling service. "Prepaid calling service" does not include a wireless telecommunications service that allows a caller to dial 9-1-1 to access the 9-1-1 system, which service must be paid for in advance, and is sold in predetermined units or dollars and the amount declines with use in a known amount.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-231)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-231. Prepaid calling service provider. "Prepaid calling service provider" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that contracts directly with a telecommunications carrier to resell or offers to resell telecommunications service as prepaid calling service to one or more distributors, prepaid calling resellers, prepaid calling service retailers, or end users.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-232)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-232. Prepaid calling service retailer. "Prepaid calling service retailer" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that sells or offers to sell prepaid calling service directly to one or more end users.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-233)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-233. Prepaid calling service reseller. "Prepaid calling service reseller" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that purchases prepaid calling services from a prepaid calling service provider or distributor and sells those services to one or more distributors of prepaid calling services or to one or more prepaid calling service retailers.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-234)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-234. Interconnected voice over Internet protocol service. "Interconnected voice over Internet protocol service" or "Interconnected VoIP service" has the meaning prescribed in 47 CFR 9.3 as defined on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-235)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-235. Interconnected voice over Internet protocol provider. "Interconnected voice over Internet protocol provider" or "Interconnected VoIP provider" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual, their lessees, trustees, or receivers appointed by any court whatsoever that owns, controls, operates, manages, or provides within this State, directly or indirectly, Interconnected voice over Internet protocol service.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-301. Duties of the Commission.
(1) Consistent with the findings and policy established in
paragraph (a) of Section 13-102 and paragraph (a) of Section 13-103, and
in order to ensure the attainment of such policies, the Commission shall:
(2) In
any order creating a fund pursuant to paragraph (d) of subsection (1), the Commission, after
notice and
hearing, shall:
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-301.1. Universal Telephone Service Assistance Program.
(a) The Commission shall by rule or regulation establish a Universal
Telephone Service Assistance Program for low income residential customers.
The program shall provide for a reduction of access line charges, a
reduction of connection charges, or any other alternative assistance or program to increase
accessibility to telephone service and broadband Internet access service that the Commission deems advisable
subject to the availability of funds for the program as provided in subsections
(d) and (e). The Commission shall establish eligibility
requirements
for benefits under the program.
(b) The Commission shall adopt rules providing for enhanced enrollment for
eligible consumers to receive lifeline service. Enhanced enrollment may
include, but is not limited to, joint marketing, joint application, or joint
processing with the Low-Income Home Energy Assistance Program, the Medicaid
Program, and the Food Stamp Program. The Department of Human Services, the
Department of Healthcare and Family Services, and the Department of Commerce and Economic Opportunity,
upon request of the Commission, shall assist in the adoption and implementation
of those rules. The Commission and the Department of Human Services, the
Department of Healthcare and Family Services, and the Department of Commerce and Economic Opportunity
may enter into memoranda of understanding establishing the respective duties of
the Commission and the Departments in relation to enhanced enrollment.
(c) In this Section:
"Lifeline service" means a retail local service
offering described by 47 CFR 54.401(a), as amended.
(d) The Commission shall require by rule or regulation that each
telecommunications carrier providing local exchange telecommunications
services notify its customers that if the customer wishes to participate in
the funding of the Universal Telephone Service Assistance Program he may do
so by electing to contribute, on a monthly basis, a fixed amount that will
be included in the customer's monthly bill. The customer may cease
contributing at any time upon providing notice to the telecommunications
carrier providing local exchange telecommunications services. The notice
shall state that any contribution made will not reduce the customer's bill
for telecommunications services. Failure to remit the amount of increased
payment will reduce the contribution accordingly. The Commission shall
specify the monthly fixed amount or amounts that customers wishing to
contribute to the funding of the Universal Telephone Service Assistance
Program may choose from in making their contributions. Every
telecommunications carrier providing local exchange telecommunications
services shall remit the amounts contributed in accordance with the terms
of the Universal Telephone Service Assistance Program.
(e) Amounts collected and remitted under subsection (d) may, to the extent the Commission deems advisable, be used for funding a program to be administered by the entity designated by the Commission as administrator of the Universal Telephone Service Assistance Program for educating and assisting low-income residential customers with a transition to Internet protocol-based networks and services. This program may include, but need not be limited to, measures designed to notify and educate residential customers regarding the availability of alternative voice services with access to 9-1-1, access to and use of broadband Internet access service, and pricing options.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-301.2)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-301.2. Program to Foster Elimination of the Digital Divide. The Commission shall require by rule that each
telecommunications carrier providing local exchange telecommunications
service notify its end-user customers that if the customer wishes to
participate in the funding of the Program to Foster Elimination of the Digital
Divide he or she may do so by electing to contribute, on a monthly basis, a
fixed
amount that will be included in the customer's monthly bill. The obligations
imposed in this Section shall not be imposed upon a telecommunications carrier
for any of its end-users subscribing to the services listed below: (1) private
line service which is not directly or indirectly used for the origination or
termination of switched telecommunications service, (2) cellular radio service,
(3) high-speed point-to-point data transmission at or above 9.6 kilobits, (4)
the provision of telecommunications service by a company or person otherwise
subject to subsection (c) of Section 13-202 to a telecommunications carrier,
which is
incidental to the provision of service subject to subsection (c) of Section
13-202; (5) pay
telephone service; or (6) interexchange telecommunications service.
The customer
may
cease contributing at any time upon providing notice to the telecommunications
carrier. The notice shall state that any contribution made will not reduce the
customer's bill for telecommunications services. Failure to remit the amount
of increased payment will reduce the contribution accordingly. The Commission
shall specify the monthly fixed amount or amounts that customers wishing to
contribute to the funding of the Program to Foster Elimination of the Digital
Divide may choose from in making their contributions. A telecommunications
carrier subject to this obligation shall remit the amounts contributed by
its customers to the Department
of Commerce and Economic Opportunity for deposit in the Digital Divide Elimination
Fund at the intervals specified in the Commission rules.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-301.3)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-301.3. Digital Divide Elimination Infrastructure Program.
(a) The Digital Divide Elimination Infrastructure Fund is created as a
special
fund in the State treasury. All moneys in the Fund shall be used, subject to
appropriation, by the Commission to fund (i) the construction of facilities
specified in
Commission rules adopted under this Section and (ii) the accessible electronic information program, as provided in Section 20 of the Accessible Electronic Information Act. The Commission may accept private
and
public funds, including federal funds, for deposit into the Fund. Earnings
attributable to
moneys in the Fund shall be deposited into the Fund.
(b) The Commission shall adopt rules under which it will make grants out of
funds appropriated from the Digital Divide Elimination Infrastructure Fund to
eligible
entities as specified in the rules for the construction of high-speed data
transmission
facilities in eligible areas
of the State. For purposes of determining whether an area is an eligible
area, the Commission shall consider, among other things, whether (i) in such
area, advanced telecommunications services, as defined in subsection (c) of
Section 13-517 of this Act, are under-provided to residential or small business
end users, either directly or indirectly through an Internet Service Provider,
(ii) such area has a low population density, and (iii) such area has not yet
developed a competitive market for advanced services. In addition, if an
entity seeking a grant of funds from the Digital Divide Elimination
Infrastructure Fund is an incumbent local exchange carrier having the duty to
serve
such area, and the obligation to provide advanced services to such area
pursuant to
Section 13-517 of this Act, the entity shall demonstrate that it has sought
and obtained an exemption from such
obligation
pursuant to subsection (b) of Section 13-517. Any entity seeking a grant of
funds from the Digital Divide Elimination Infrastructure Fund shall demonstrate
to the Commission that the grant shall be used for the construction of
high-speed data transmission facilities in an eligible area and demonstrate
that it satisfies all other requirements of the Commission's rules. The
Commission shall determine the information that it deems necessary to award
grants pursuant to this Section.
(c) The rules of the Commission shall provide for the competitive selection
of
recipients of grant funds available from the Digital Divide Elimination
Infrastructure Fund
pursuant to the Illinois Procurement Code. Grants shall be awarded to bidders
chosen
on the basis of the criteria established in such rules.
(d) All entities awarded grant moneys under this Section shall maintain all
records required by Commission rule for the period of time specified in the
rules. Such
records shall be subject to audit by the Commission, by any auditor appointed
by the
State, or by any State officer authorized to conduct audits.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-302.
(a) No telecommunications carrier shall implement a local
measured service calling plan which does not include one of the following
elements:
(b) In formulating the criteria for the low income residential Universal
Service Assistance Program referred to in paragraph (3) of subsection (a),
the Commission shall consider the desirability of various alternatives,
including a reduction of the access line charge or connection charge for
eligible customers.
(c) For local measured service plans implemented prior to the effective
date of this amendatory Act of 1987 which do not contain one of the
elements specified in paragraph (1) or (2) of subsection (a) of this Section,
the Commission shall order the telecommunications carrier having such a
plan to include one of the elements specified in paragraph (1) or (2) of
subsection (a) of this Section by January 1, 1989.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-303)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-303. Action to enforce law or orders. Whenever the Commission
is of the opinion that a telecommunications carrier is failing or
omitting, or is about to fail or omit, to do anything required of it by law or
by an order, decision, rule, regulation, direction, or requirement of the
Commission or is doing or permitting anything to be done, or is about to do
anything or is about to permit anything to be done, contrary to or in violation
of law or an order, decision, rule, regulation, direction, or requirement of
the Commission, the Commission shall file an action or proceeding in the
circuit court in and for the county in which the case or some part thereof
arose or in which the telecommunications carrier complained of has its
principal place of business,
in the name of the People of the State of Illinois for the purpose of
having the violation or threatened violation stopped and prevented either by
mandamus or injunction. The Commission may express its opinion in a resolution
based upon whatever factual information has come to its attention and may
issue the resolution ex parte and without holding any administrative hearing
before bringing suit. Except in cases involving an imminent threat to the
public health and safety, no such resolution shall be adopted until 48 hours
after the telecommunications carrier has been given notice of (i) the substance
of the alleged violation, including citation to the law, order, decision, rule,
regulation, or direction of the Commission alleged to have been violated and
(ii) the time and the date of the meeting at which such resolution will first
be before the Commission for consideration.
The Commission shall file the action or proceeding by complaint in the
circuit court alleging the violation or threatened violation complained of
and praying for appropriate relief by way of mandamus or injunction. It shall
be the duty of the court to specify a time, not exceeding 20 days
after the service of the copy of the complaint, within which the
telecommunications carrier complained of must answer the complaint, and in the
meantime the telecommunications carrier may be restrained. In case of default
in answer or after answer, the court shall immediately inquire into the facts
and circumstances of the case. The telecommunications carrier and persons that
the court may
deem necessary or proper may be joined as parties. The final judgment in any
action or proceeding shall either dismiss the action or proceeding or grant
relief by mandamus or injunction as prayed for in the complaint, or in such
modified or other form as will afford appropriate relief in the court's
judgment.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-303.5)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-303.5. Injunctive relief. If, after a hearing, the Commission
determines that a telecommunications carrier has violated this Act or a
Commission order or rule, any telecommunications carrier adversely affected by
the
violation may seek injunctive relief in circuit court.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-304)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-304. Action to recover civil penalties.
(a) The Commission shall assess and collect all civil penalties established
under this Act against
telecommunications carriers, corporations other than telecommunications
carriers, and persons acting as telecommunications carriers.
Except for the penalties provided under
Section 2-202, civil penalties may be assessed only after notice and
opportunity to be heard. Any such civil penalty may be compromised by the
Commission. In determining the amount of the civil penalty to be assessed, or
the amount of the civil penalty to be compromised, the Commission is authorized
to consider any matters of record in aggravation or mitigation of the penalty,
including but not limited to the following:
(b) If timely judicial review of a Commission order that imposes a civil
penalty is taken by a telecommunications carrier, a corporation other than a
telecommunications carrier,
or a person acting as a telecommunications carrier on whom or on which the
civil penalty has been imposed, the reviewing court shall enter a judgment on
all amounts upon affirmance of the Commission order. If timely judicial review
is not taken and the civil penalty remains unpaid for 60 days after service of
the order, the Commission in its discretion may either begin revocation
proceedings or bring suit to recover the penalties. Unless stayed by a
reviewing court, interest shall accrue from the 60th day after the date of
service of the Commission order to the date full payment is received by the
Commission.
(c) Actions to recover delinquent civil penalties under this Section shall
be brought in the name of the People of the State of Illinois in the circuit
court in and for the county in which the cause, or some part thereof, arose, or
in which the entity complained
of resides. The action shall be commenced and prosecuted to final judgement by
the Commission. In any such action, all interest incurred up to the time of
final court judgment may be recovered in that action. In all such actions, the
procedure and rules of evidence shall be the same as in ordinary civil actions,
except as otherwise herein provided. Any such action may be compromised or
discontinued on application of the Commission upon such terms as the court
shall approve and order.
(d) Civil penalties related to the late filing of reports, taxes, or other
filings shall be paid into the State treasury to the credit of the Public
Utility Fund. Except as otherwise provided in this Act, all other fines and
civil penalties shall be paid into the State treasury to the credit of the
General Revenue Fund.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-305)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-305. Amount of civil penalty. A telecommunications carrier, any
corporation other than a
telecommunications carrier, or any person acting as a telecommunications
carrier that violates or fails to comply with any provisions of this Act or
that fails to obey, observe, or comply with any order, decision, rule,
regulation, direction, or requirement, or any part or provision thereof, of the
Commission, made or issued under authority of this Act, in a case in which a
civil penalty is not otherwise provided for in this Act, but excepting Section
5-202 of the Act, shall be subject to a civil penalty imposed in the manner
provided in Section 13-304 of no more than $30,000 or 0.00825% of the carrier's
gross intrastate annual telecommunications revenue, whichever is greater, for
each offense unless the violator has fewer than 35,000 subscriber access lines,
in which case the civil penalty may not exceed $2,000 for each offense.
A telecommunications carrier subject to administrative penalties resulting
from a final Commission order approving an intercorporate transaction entered
pursuant to Section 7-204 of this Act shall be subject to penalties under this
Section imposed for the same conduct only to the extent that such penalties
exceed those imposed by the final Commission order.
Every violation of the provisions of this Act or of any order, decision,
rule, regulation, direction, or requirement of the Commission, or any part or
provision thereof, by any corporation or person, is a separate and distinct
offense.
Penalties
under this Section shall attach and begin to accrue from the day after written
notice is delivered to such party or parties that they are in violation of or
have failed to
comply with this Act or an order, decision, rule,
regulation, direction, or requirement of the Commission, or part or provision
thereof.
In case of a continuing violation, each day's continuance
thereof
shall be a separate and distinct offense.
In construing and enforcing the provisions of this Act relating to penalties,
the act, omission, or failure of any officer, agent, or employee of any
telecommunications carrier or of any person acting within the scope of his or
her duties or employment shall in every case be deemed to be the act,
omission, or failure of such telecommunications carrier or person.
If the party who has violated or failed to comply with this Act or an order,
decision, rule, regulation, direction, or requirement of the Commission, or any
part or provision thereof, fails to seek timely review pursuant to Sections
10-113 and 10-201 of this Act, the party shall, upon expiration of the
statutory time limit, be subject to the civil penalty provision of this
Section.
Twenty percent of all moneys collected under this Section shall be deposited
into the Digital Divide Elimination Fund and 20% of all moneys collected under
this Section shall be deposited into the Digital Divide Elimination
Infrastructure Fund.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-401. Certificate of Service Authority.
(a) No telecommunications carrier not possessing a certificate of public
convenience and necessity or certificate of authority from the Commission
at the time this Article goes into effect shall transact any business in
this State until it shall have obtained a certificate of service authority
from the Commission pursuant to the provisions of this Article.
No telecommunications carrier offering or providing, or seeking to offer
or provide, any interexchange telecommunications service shall do so until
it has applied for and received a Certificate of Interexchange Service
Authority pursuant to the provisions of Section 13-403. No
telecommunications carrier offering or providing, or seeking to offer or
provide, any local exchange telecommunications service shall do so until it
has applied for and received a Certificate of Exchange Service Authority
pursuant to the provisions of Section 13-405.
Notwithstanding Sections 13-403, 13-404, and 13-405, the Commission
shall approve a cellular radio application for a Certificate of Service
Authority without a hearing upon a showing by the cellular applicant that
the Federal Communications Commission has issued to it a construction
permit or an operating license to construct or operate a cellular radio
system in the area as defined by the Federal Communications Commission, or
portion of the area, for which the carrier seeks a Certificate of Service
Authority.
No Certificate of Service Authority issued by the Commission shall be
construed as granting a monopoly or exclusive privilege, immunity or
franchise. The issuance of a Certificate of Service Authority to any
telecommunications carrier shall not preclude the Commission from issuing
additional Certificates of Service Authority to other telecommunications
carriers providing the same or equivalent service or serving the same
geographical area or customers as any previously certified carrier, except
to the extent otherwise provided by Sections 13-403 and 13-405.
Any certificate of public convenience and necessity granted by the
Commission to a telecommunications carrier prior to the effective date of
this Article shall remain in full force and effect, and such carriers need
not apply for a Certificate of Service Authority in order to continue
offering or providing service to the extent authorized in such certificate
of public convenience and necessity. Any such carrier, however, prior to
substantially altering the nature or scope of services provided under a
certificate of public convenience and necessity, or adding or expanding
services beyond the authority contained in such certificate, must apply for
a Certificate of Service Authority for such alterations or additions
pursuant to the provisions of this Article.
The Commission shall review and modify the terms of any
certificate of public convenience and necessity issued to a
telecommunications carrier prior to the effective date of this Article in
order to ensure its conformity with the requirements and policies of this
Article. Any Certificate of Service Authority may be altered or modified by
the Commission, after notice and hearing, upon its own motion or upon
application of the person or company affected. Unless exercised within a
period of two years from the issuance thereof, authority conferred by a
Certificate of Service Authority shall be null and void.
(b) The Commission may issue a temporary Certificate which shall remain
in force not to exceed one year in cases of emergency, to assure maintenance
of adequate service or to serve particular customers, without notice and
hearing, pending the determination of an application for a Certificate, and
may by regulation exempt from the requirements of this Section temporary
acts or operations for which the issuance of a certificate is not necessary
in the public interest and which will not be required therefor.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-401.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-401.1. Interconnected voice over Internet protocol (VoIP) service surcharge. An interconnected voice over Internet protocol provider shall charge and collect from its end-user customers, and remit to the appropriate authority, fees and surcharges in the same manner as are charged and collected upon end-user customers of local exchange telecommunications service and remitted by local exchange telecommunications companies for local enhanced 9-1-1 surcharges.
(Source: P.A. 100-20, eff. 7-1-17; 100-840, eff. 8-13-18.)
(220 ILCS 5/13-402) (from Ch. 111 2/3, par. 13-402)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-402.
The Commission is authorized, in connection with the
issuance or modification of a Certificate of Interexchange Service
Authority or the modification of a certificate of public convenience and
necessity for interexchange telecommunications service, to waive or modify
the application of its rules, general orders, procedures or notice
requirements when such action will reduce the economic burdens of
regulation and such waiver or modification is not inconsistent with the law
or the purposes and policies of this Article.
Any such waiver or modification granted to any interexchange
telecommunications carrier which has, or any group of such carriers any one
of which has annual revenues exceeding $10,000,000 shall be
automatically applied fully and equally to all such carriers with annual
revenues exceeding $10,000,000 unless the Commission specifically finds,
after notice to all such carriers and a hearing, that restricting the
application of such waiver or modification to only one such carrier or some
group of such carriers is consistent with and would promote the purposes
and policies of this Article and the protection of telecommunications
customers.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-402.1)
Sec. 13-402.1. (Repealed).
(Source: P.A. 87-856. Repealed by P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-403. Interexchange service authority; approval. The
Commission shall approve an application for a
Certificate of Interexchange Service Authority only upon a showing by the
applicant, and a finding by the Commission, after notice and hearing, that
the applicant possesses sufficient technical, financial and managerial
resources and abilities to provide interexchange telecommunications
service. The removal from this Section of the dialing restrictions by
this amendatory Act of 1992 does not create any legislative presumption for
or against intra-Market Service Area presubscription or changes in
intra-Market Service Area dialing arrangements related to the
implementation of that presubscription, but simply vests jurisdiction in
the Illinois Commerce Commission to consider after notice and hearing the
issue of presubscription in accordance with the policy goals outlined in
Section 13-103.
The Commission shall have authority to alter the boundaries of Market
Service Areas when such alteration is consistent with the public interest
and the purposes and policies of this Article. A
determination by the Commission with respect to Market Service
Area boundaries shall not modify or affect the rights or obligations of any
telecommunications carrier with respect to any consent decree or agreement
with the United States Department of Justice, including, but not limited
to, the Modification of Final Judgment in United States v. Western Electric
Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from time to
time.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-404) (from Ch. 111 2/3, par. 13-404)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-404.
Any telecommunications carrier offering or providing the
resale of either local exchange or interexchange telecommunications service
must first obtain a Certificate of Service Authority. The Commission shall
approve an application for a Certificate for the resale of local exchange
or interexchange telecommunications service upon a showing by the
applicant, and a finding by the Commission, after notice and hearing, that
the applicant possesses sufficient technical, financial and managerial
resources and abilities to provide the resale of telecommunications service.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-404.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-404.1. Prepaid calling service authority; rules.
(a) The General Assembly finds that it is necessary to require the certification of prepaid calling service providers to protect and promote against fraud the legitimate business interests of persons or entities currently providing prepaid calling service to Illinois end users and Illinois end users who purchase these services.
(b) On and after July 1, 2005, it shall be unlawful for any prepaid calling service provider to offer or provide or seek to offer or provide to any distributor, prepaid calling service reseller, prepaid calling service retailer, or end user any prepaid calling service unless the prepaid calling service provider has applied for and received a Certificate of Prepaid Calling Service Provider Authority from the Commission. The Commission shall approve an application for a Certificate of Prepaid Calling Service Provider Authority upon a showing by the applicant, and a finding by the Commission, after notice and hearing, that the applicant possesses sufficient technical, financial, and managerial resources and abilities to provide prepaid calling services. The Commission shall approve an application for a Certificate of Prepaid Calling Service Provider Authority without a hearing upon a showing by the applicant that the Commission has issued an appropriate Certificate of Service Authority (whether a Certificate of Interexchange Service Authority or Certificate of Exchange Service Authority or both) to the applicant or the telecommunications carrier whose service the applicant is seeking to resell, provided that the telecommunications carrier remains in good standing with the Commission. The Commission may adopt rules necessary for the administration of this subsection.
(c) Upon issuance of a Certificate of Prepaid Calling Service Provider Authority to a prepaid calling service provider, the Commission shall post a list that contains the full legal name of the prepaid service provider, the docket number of the provider's certification proceeding, and the toll-free customer service number of the certified prepaid calling service provider on the Commission's web site on a link solely dedicated to prepaid calling service providers. If the certified prepaid calling service provider changes its toll-free customer service number, it is the duty of the certified prepaid calling service provider to provide the Commission with notice of the change and with the provider's new toll-free customer service number at least 24 hours prior to changing its toll-free customer service number. The Commission may adopt rules that further define the administration of this subsection.
(d) Any and all enforcement authority granted to the Commission under this Article over any Certificate of Service Authority shall apply equally and without limitation to Certificates of Prepaid Calling Service Provider Authority.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-404.2)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-404.2. Prepaid calling service standards. The Commission, by rule, may establish and implement minimum service quality standards for prepaid calling service. The rules may include, but are not limited to, requiring access to a live customer service attendant through the customer service number, reporting requirements, fines, penalties, customer credits, remedies, and other enforcement mechanisms to ensure compliance with the service quality standards.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-405. Local exchange service authority; approval. The Commission
shall approve an application for a
Certificate of Exchange Service Authority only upon a showing by the
applicant, and a finding by the Commission, after notice and hearing, that the
applicant possesses sufficient technical, financial, and
managerial resources and abilities to provide local exchange
telecommunications service.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-405.1) (from Ch. 111 2/3, par. 13-405.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-405.1. Interexchange services; incidental local service. Whether or not a telecommunications carrier is certified to offer
or provide local exchange telecommunications service, nothing in
Section 13-405 shall be construed to require the withdrawal or
prevent the offering of interexchange services merely because
incidental use of such service by the customer for local exchange
telecommunications service is possible.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-406. Abandonment of service.
(a) No telecommunications carrier offering or providing
noncompetitive telecommunications service pursuant to a valid
Certificate of Service Authority or certificate of public convenience and
necessity shall discontinue or abandon such service once initiated until
and unless it shall demonstrate, and the Commission finds, after notice and
hearing, that such discontinuance or abandonment will not deprive customers
of any necessary or essential telecommunications service or access thereto
and is not otherwise contrary to the public interest. No
telecommunications carrier offering or providing competitive
telecommunications service shall completely discontinue or abandon such service to an identifiable class or group of customers once
initiated except upon 60 days' notice to the Commission and affected
customers. The Commission may, upon its own motion or upon complaint,
investigate the proposed discontinuance or abandonment of a competitive
telecommunications service and may, after notice and hearing, prohibit such
proposed discontinuance or abandonment if the Commission finds that it
would be contrary to the public interest. If the Commission does not provide notice of a hearing within 60 calendar days after the notification or holds a hearing and fails to find that the proposed discontinuation or abandonment would be contrary to the public interest, the provider may discontinue or abandon such service after providing at least 30 days' notice to affected customers. This Section does not apply to a Large Electing Provider proceeding under Section 13-406.1.
(b) A Small Electing Provider may choose to cease offering or providing a telecommunications service pursuant to either this Section or Section 13-406.1 of this Act in the same manner as a Large Electing Provider. A Small Electing Provider that elects to cease offering or providing a telecommunications service pursuant to Section 13-406.1 shall be subject to all of the provisions that apply to a Large Electing Provider under Section 13-406.1. In this subsection (b), "Small Electing Provider" means an incumbent local exchange carrier, as defined in Section 13-202.5 of this Act, that is an Electing Provider, as defined in Section 13-506.2 of this Act, and that, together with all of its incumbent local exchange carrier affiliates offering telecommunications services within the State of Illinois, has fewer than 40,000 subscriber access lines as of January 1, 2020.
(Source: P.A. 102-9, eff. 6-3-21.)
(220 ILCS 5/13-406.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-406.1. Large Electing Provider transition to IP-based networks and service.
(a) As used in this Section:
"Alternative voice service" means service that includes all of the applicable functionalities for voice telephony services described in 47 CFR 54.101(a).
"Existing customer" means a residential customer of the Large Electing Provider who is subscribing to a telecommunications service on the date the Large Electing Provider sends its notice under paragraph (1) of subsection (c) of this Section of its intent to cease offering and providing service. For purposes of this Section, a residential customer of the Large Electing Provider whose service has been temporarily suspended, but not finally terminated as of the date that the Large Electing Provider sends that notice, shall be deemed to be an "existing customer".
"Large Electing Provider" means an Electing Provider, as defined in Section 13-506.2 of this Act, that (i) reported in its annual competition report for the year 2016 filed with the Commission under Section 13-407 of this Act and 83 Ill. Adm. Code 793 that it provided at least 700,000 access lines to end users; and (ii) is affiliated with a provider of commercial mobile radio service, as defined in 47 CFR 20.3, as of January 1, 2017.
"New customer" means a residential customer who is not subscribing to a telecommunications service provided by the Large Electing Provider on the date the Large Electing Provider sends its notice under paragraph (1) of subsection (c) of this Section of its intent to cease offering and providing that service.
"Provider" includes every corporation, company, association, firm, partnership, and individual and their lessees, trustees, or receivers appointed by a court that sell or offer to sell an alternative voice service.
"Reliable access to 9-1-1" means access to 9-1-1 that complies with the applicable rules, regulations, and guidelines established by the Federal Communications Commission and the applicable provisions of the Emergency Telephone System Act and implementing rules.
"Willing provider" means a provider that voluntarily participates in the request for service process.
(b) Beginning June 30, 2017, a Large Electing Provider may, to the extent permitted by and consistent with federal law, including, as applicable, approval by the Federal Communications Commission of the discontinuance of the interstate-access component of a telecommunications service, cease to offer and provide a telecommunications service to an identifiable class or group of customers, other than voice telecommunications service to residential customers or a telecommunications service to a class of customers under subsection (b-5) of this Section, upon 60 days' notice to the Commission and affected customers.
(b-5) Notwithstanding any provision to the contrary in this Section 13-406.1, beginning December 31, 2021, a Large Electing Provider may, to the extent permitted by and consistent with federal law, including, if applicable, approval by the Federal Communications Commission of the discontinuance of the interstate-access component of a telecommunication service, cease to offer and provide a telecommunications service to one or more of the following classes or groups of customers upon 60 days' notice to the Commission and affected customers: (1) electric utilities, as defined in Section 16-102 of this Act; (2) public utilities, as defined in Section 3-105 of this Act, that offers natural gas or water services; (3) electric, gas, and water utilities that are excluded from the definition of public utility under paragraph (1) of subsection (b) of Section 3-105 of this Act; (4) water companies as described in paragraph (2) of subsection (b) of Section 3-105 of this Act; (5) natural gas cooperatives as described in paragraph (4) of subsection (b) of Section 3-105 of this Act; (6) electric cooperatives as defined in Section 3-119 of this Act; (7) entities engaged in the commercial generation of electric power and energy; (8) the functional divisions of public agencies, as defined in Section 2 of the Emergency Telephone System Act, that provide police or firefighting services; and (9) 9-1-1 Authorities, as defined in Section 2 of the Emergency Telephone System Act; provided that the date shall be extended to December 21, 2022, for (i) an electric utility, as defined in Section 16-102 of this Act, that serves more than 3 million customers in the State; and (ii) an entity engaged in the commercial generation of electric power and energy that operates one or more nuclear power plants in the State.
(c) Beginning June 30, 2017, a Large Electing Provider may, to the extent permitted by and consistent with federal law, cease to offer and provide voice telecommunications service to an identifiable class or group of residential customers, which, for the purposes of this subsection (c), shall be referred to as "requested service", subject to compliance with the following requirements:
(Source: P.A. 100-20, eff. 7-1-17; 100-719, eff. 8-3-18.)
(220 ILCS 5/13-407)
Sec. 13-407. (Repealed).
(Source: P.A. 100-20, eff. 7-1-17. Repealed by P.A. 100-840, eff. 8-13-18.)
(220 ILCS 5/13-408)
Sec. 13-408. (Repealed).
(Source: P.A. 93-5, eff. 5-9-03. Repealed by P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-409)
Sec. 13-409. (Repealed).
(Source: P.A. 93-521, eff. 8-9-03. Repealed by P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-501. Tariff; filing.
(a) No telecommunications carrier shall offer or provide noncompetitive
telecommunications service, telecommunications service subject to subsection (g) of Section 13-506.2 or Section 13-900.1 or 13-900.2 of this Act, or telecommunications service referred to in an interconnection agreement as a tariffed service unless and until a tariff is filed with the
Commission which describes the nature of the service, applicable rates and
other charges, terms and conditions of service, and the exchange, exchanges
or other geographical area or areas in which the service shall be offered
or provided. The Commission may prescribe the form of such tariff and any
additional data or information which shall be included therein.
(b) After a hearing regarding a telecommunications service subject to subsection (a) of this Section, the Commission has the discretion to impose an
interim or permanent tariff on a telecommunications carrier as part
of the order in
the case. When a tariff is imposed as part of the order in a case, the
tariff shall remain
in full force and effect until a compliance tariff, or superseding
tariff, is filed by the
telecommunications carrier and, after notice to the parties in the case and
after a
compliance hearing is held, is found by the Commission to be in compliance with
the
Commission's order.
(c) A telecommunications carrier shall offer or provide telecommunications service that is not subject to subsection (a) of this Section pursuant to either a tariff filed with the Commission or a written service offering that shall be available on the telecommunications carrier's website as required by Section 13-503 of this Act and that describes the nature of the service, applicable rates and other charges, terms and conditions of service. Revenue from competitive retail telecommunications service received by a telecommunications carrier pursuant to either a tariff or a written service offering shall be gross revenue for purposes of Section 2-202 of this Act.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-501.5)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-501.5. Directory assistance service for the blind. A
telecommunications carrier that provides directory assistance service shall
provide in its
tariffs or its written service offering pursuant to subsection (c) of Section 13-501 of this Act for that service that directory assistance shall be provided at no
charge to its
customers who are legally blind
for telephone numbers of customers located within
the same calling area, as described in the telecommunications carrier's
tariff.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-502. Classification of services.
(a) All telecommunications services offered or provided
under tariff by telecommunications carriers shall be classified as either
competitive or noncompetitive. A telecommunications carrier may offer or
provide either competitive or noncompetitive telecommunications services, or
both, subject to proper certification and other applicable provisions of
this Article. Any tariff filed with the Commission as required by Section
13-501 shall indicate whether the service to be offered or provided is
competitive or noncompetitive.
(b) A service shall be classified as competitive only if, and only to the
extent that, for some identifiable class or group of customers in an
exchange, group of exchanges, or some other clearly defined geographical
area, such service, or its functional equivalent, or a substitute service,
is reasonably available from more than one provider, whether or not any
such provider is a telecommunications carrier subject to regulation under
this Act. All telecommunications services not properly classified as
competitive shall be classified as noncompetitive. The Commission shall
have the power to investigate the propriety of any classification of a
telecommunications service on its own motion and shall investigate upon
complaint. In any hearing or investigation, the burden of proof as to the
proper classification of any service shall rest upon the telecommunications
carrier providing the service. After notice and hearing, the Commission
shall order the proper
classification of any service in whole or in part. The Commission shall
make its determination and issue its final order no later than 180 days
from the date such hearing or investigation is initiated. If the Commission
enters into a hearing upon complaint and if the Commission fails to issue
an order within that period, the complaint shall be deemed granted unless
the Commission, the complainant, and the telecommunications carrier
providing the service agree to extend the time period.
(c) In determining whether a service should be reclassified as
competitive, the Commission shall, at a minimum, consider the following
factors:
(d) No tariff classifying a new telecommunications service as
competitive or
reclassifying a previously noncompetitive telecommunications service as
competitive, which is filed by a telecommunications carrier which also
offers or provides noncompetitive telecommunications service, shall be
effective unless and until such telecommunications carrier offering or
providing, or seeking to offer or provide, such proposed competitive
service prepares and files a study of the long-run service incremental cost
underlying such service and demonstrates that the tariffed rates and
charges for the service and any relevant group of services that includes
the proposed competitive service and for which resources are used in common
solely by that group of services are not less than the long-run service
incremental cost of providing the service and each relevant group of services.
Such study shall be given proprietary treatment by the Commission at the
request of such carrier if any other provider of the competitive service,
its functional equivalent, or a substitute service in the geographical area
described by the proposed tariff has not filed, or has not been required to
file, such a study.
(e) In the event any telecommunications service has been
classified and
filed as competitive by the telecommunications carrier, and has been
offered or provided on such basis, and the Commission subsequently
determines after investigation that such classification improperly included
services which were in fact noncompetitive, the Commission shall have the
power to determine and order refunds to customers for any overcharges which
may have resulted from the improper classification, or to order such other
remedies provided to it under this Act, or to seek an appropriate remedy or
relief in a court of competent jurisdiction.
(f) If no hearing or investigation regarding the propriety of a
competitive
classification of a telecommunications service is initiated within 180 days
after a
telecommunications carrier files a tariff listing such telecommunications
service as competitive, no refunds to customers for any overcharges which may
result from an improper classification shall be ordered for the period from the
time the telecommunications carrier filed such tariff listing the service as
competitive up to the time an investigation of the service classification is
initiated by the Commission's own motion or the filing of a complaint. Where a
hearing or an investigation regarding the propriety of a telecommunications
service classification as competitive is initiated after 180 days from the
filing of the tariff, the period subject to refund for improper classification
shall begin on the date such investigation or hearing is initiated by the
filing of a Commission motion or a complaint.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-502.5)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-502.5. Services alleged to be improperly classified.
(a) Any action or proceeding pending before the Commission upon the
effective date of this amendatory Act of the 92nd General Assembly in which it
is alleged that a telecommunications carrier has improperly classified services
as competitive, other than a case pertaining to Section 13-506.1,
shall be abated and shall not be maintained or continued.
(b) All retail telecommunications services provided to business end users by
any telecommunications carrier subject, as of May 1, 2001, to alternative
regulation
under an alternative regulation plan pursuant to Section 13-506.1 of this Act
shall be
classified as competitive as of the effective date of this amendatory Act of
the 92nd
General Assembly without further Commission review. Rates for retail
telecommunications services provided to business end users with 4 or fewer
access lines
shall not exceed the rates the carrier charged for those services on May 1,
2001. This
restriction upon the rates of retail telecommunications services provided to business end
users shall remain in force and effect through July 1, 2005; provided, however, that
nothing in this Section shall be construed to prohibit reduction of those rates. Rates for
retail telecommunications services provided to business end users with 5 or
more access
lines shall not be subject to the restrictions set forth in this subsection.
(c) All retail vertical services, as defined herein, that are provided by a
telecommunications carrier subject, as of May 1, 2001, to alternative
regulation under an
alternative regulation plan pursuant to Section 13-506.1 of this Act shall be
classified as
competitive as of June 1, 2003 without further Commission review. Retail
vertical
services shall include, for purposes of this Section, services available on a
subscriber's
telephone line that the subscriber pays for on a periodic or per use basis, but
shall not
include caller identification and call waiting.
(d) Any action or proceeding before the Commission upon the effective date
of this amendatory Act of the 92nd General Assembly, in which it is alleged
that a telecommunications carrier has improperly classified services as
competitive, other than a case pertaining to Section 13-506.1, shall be abated
and the services the classification of which is at issue
shall
be deemed
either competitive or noncompetitive as set forth in this Section. Any
telecommunications carrier subject to an action or proceeding in which it is
alleged that the telecommunications carrier has improperly classified services
as competitive shall be deemed liable to refund, and shall refund, the sum of
$90,000,000 to that class or those classes of its customers that were alleged
to have paid rates in excess of noncompetitive rates as the result of the
alleged improper classification. The telecommunications carrier shall make
the refund no later than 120 days after the effective date of this amendatory
Act of the 92nd General Assembly.
(e) Any telecommunications carrier subject to an action or proceeding in
which
it is alleged that the telecommunications carrier has improperly classified
services as competitive shall also pay the sum of $15,000,000 to the Digital
Divide Elimination Fund established pursuant to Section 5-20 of the Eliminate
the Digital Divide Law, and shall further pay the sum of $15,000,000 to the
Digital Divide Elimination Infrastructure Fund established pursuant to Section
13-301.3 of this Act. The telecommunications carrier shall make each of these
payments
in 3 installments of $5,000,000, payable on July 1 of 2002, 2003, and 2004.
The
telecommunications carrier shall have no further
accounting for these payments, which shall be used for the purposes established
in the Eliminate the Digital Divide Law.
(f) All other services shall be classified pursuant to Section 13-502 of
this
Act.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-503. Information available to the public. With respect to rates or other charges made, demanded, or
received for any telecommunications service offered, provided, or to be
provided, that is subject to subsection (a) of Section 13-501 of this Act,
telecommunications carriers shall comply with the publication and filing
provisions of Sections 9-101, 9-102, 9-102.1, and 9-201 of this Act. Except for the provision of services offered or provided by payphone providers pursuant to a tariff, telecommunications carriers shall make all tariffs and all written service offerings for competitive telecommunications service available electronically to the public without requiring a password or other means of registration. A telecommunications carrier's website shall, if applicable, provide in a conspicuous manner information on the rates, charges, terms, and conditions of service available and a toll-free telephone number that may be used to contact an agent for assistance with obtaining rate or other charge information or the terms and conditions of service.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-504. Application of ratemaking provisions of Article IX.
(a) Except where the context clearly renders such provisions
inapplicable, the ratemaking provisions of Article IX of this Act relating
to public utilities are fully and equally applicable to the rates, charges,
tariffs and classifications for the offer or provision of noncompetitive
telecommunications services. However, the ratemaking provisions do not apply to
any proposed change in rates or charges, any proposed change in any
classification or tariff resulting in a change in rates or charges, or the
establishment of new services and rates therefor for
a noncompetitive local exchange telecommunications service offered or provided
by a local exchange telecommunications carrier with no more than 35,000
subscriber access lines. Proposed changes in rates, charges,
classifications, or tariffs meeting these criteria shall be permitted upon
the filing of the proposed tariff and 30 days notice to the Commission and
all potentially affected customers. The proposed changes shall not be
subject to suspension. The Commission shall investigate whether any proposed
change is just and reasonable only if a telecommunications
carrier that is
a customer of the local exchange telecommunications carrier or 10% of the potentially affected access line subscribers of the
local exchange telecommunications carrier shall file a petition or
complaint requesting an investigation of the proposed
changes. When the
telecommunications carrier or 10% of the
potentially
affected access line subscribers of a local exchange telecommunications
carrier file a complaint, the Commission shall, after notice and hearing,
have the power and duty to establish the rates, charges, classifications,
or tariffs it finds to be just and reasonable.
(b) Subsection (c) of Section 13-502 and Sections 13-505.1, 13-505.4,
13-505.6, and 13-507 of this Article do not
apply to rates or charges or proposed changes in rates or charges for
applicable competitive or interexchange services when offered or provided
by a local exchange telecommunications carrier with no more than 35,000
subscriber access lines. In addition, Sections 13-514, 13-515, and 13-516 do
not apply to telecommunications carriers with no more than 35,000 subscriber
access
lines. The Commission may require telecommunications
carriers with no more than 35,000 subscriber access lines to
furnish
information that the Commission deems necessary for a determination that
rates and charges for any competitive telecommunications service are
just and reasonable.
(c) For a local exchange telecommunications carrier with no more than
35,000 access lines, the Commission shall consider and adjust,
as
appropriate, a local exchange telecommunications carrier's depreciation
rates only in ratemaking proceedings.
(d) Article VI and Sections 7-101 and 7-102 of Article VII of this Act
pertaining to public utilities, public utility rates and services, and the
regulation thereof are not applicable to local exchange telecommunication
carriers with no more than 35,000 subscriber access lines.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-505. Rate changes; competitive services. Any proposed increase or decrease in rates or charges, or proposed
change in any
classification, written service offering, or tariff resulting in an increase or decrease in
rates or charges, for
a competitive telecommunications service shall be permitted upon the filing with the Commission or posting on the telecommunications carrier's website
of the proposed rate, charge, classification, written service offering, or tariff pursuant to Section 13-501 of this Act. Notice of an
increase shall be given, no later than the prior billing cycle, to
all potentially affected customers by mail or equivalent means of notice, including electronic if the customer has elected electronic billing. Additional notice by publication in a newspaper of
general circulation may also be given.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-505.1)
Sec. 13-505.1. (Repealed).
(Source: P.A. 87-856. Repealed by P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-505.2. Nondiscrimination in the provision of noncompetitive
services. A telecommunications carrier that offers both noncompetitive and
competitive services shall offer the noncompetitive services under the same
rates, terms, and conditions without unreasonable discrimination to all
persons, including all telecommunications carriers and competitors.
A telecommunications carrier that offers a noncompetitive service together
with any optional feature or functionality shall offer the
noncompetitive service together with each optional feature or
functionality under the same rates, terms, and conditions without
unreasonable discrimination to all persons, including all
telecommunications carriers and competitors.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-505.3. Services for resale. A telecommunications carrier that
offers both noncompetitive and competitive services shall offer all
noncompetitive services, together with each applicable optional feature or
functionality, subject to resale; however, the Commission may determine
under Article IX of this Act that certain noncompetitive services, together
with each applicable optional feature or functionality, that are offered to
residence customers under different rates, charges, terms, or conditions
than to other customers should not be subject to resale under the rates,
charges, terms, or conditions available only to residence customers.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-505.4. Provision of noncompetitive services.
(a) A telecommunications carrier that offers or provides a
noncompetitive service, service element, feature, or functionality on a
separate, stand-alone basis to any customer shall provide that service,
service element, feature, or functionality pursuant to tariff to all
persons, including all telecommunications carriers and competitors, in
accordance with the provisions of this Article.
(b) A telecommunications carrier that offers or provides a
noncompetitive service, service element, feature, or functionality to any
customer as part of an offering of competitive services pursuant to tariff
or contract shall publicly disclose the offering or provisioning of the
noncompetitive service, service element, feature, or functionality by
filing with the Commission information that generally describes the
offering or provisioning and that shows the rates, terms, and conditions of
the noncompetitive service, service element, feature, or functionality.
The information shall be filed with the Commission concurrently with the
filing of the tariff or not more than 10 days following the customer's
acceptance of the offering in a contract.
(c) A telecommunications carrier that is not subject to regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act may reduce the rate or charge for a noncompetitive service, service element, feature, or functionality offered to customers on a separate, stand-alone basis or as part of a bundled service offering by filing with the Commission a tariff that shows the reduced rate or charge and all applicable terms and conditions of the noncompetitive service, service element, feature, or functionality or bundled offering. The reduction of rates or charges shall be permitted upon the filing of the proposed rate, charge, classification, tariff, or bundled offering. The total price of a bundled offering shall not attribute any portion of the charge to services subject to the jurisdiction of the Commission and shall not be binding on the Commission in any proceeding under Article IX of this Act to set the revenue requirement or to set just and reasonable rates for services subject to the jurisdiction of the Commission. Prices for bundles shall not be subject to Section 13-505.1 of this Act. For purposes of this subsection (c), a bundle is a group of services offered together for a fixed price where at least one of the services is an interLATA service as that term is defined in 47 U.S.C. 153(21), a cable service or a video service, a community antenna television service, a satellite broadcast service, a public mobile service as defined in Section 13-214 of this Act, or an advanced telecommunications service as "advanced telecommunications services" is defined in Section 13-517 of this Act.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-505.5. Requests for new noncompetitive services. Any party may
petition the Commission to request the provision of a noncompetitive
service not currently provided by a local exchange carrier within its
service territory. The Commission shall grant the petition, provided that
it can be demonstrated that the provisioning of the requested service is
technically and economically practicable considering demand for the
service, and absent a finding that provision of the service is otherwise
contrary to the public interest. The Commission shall render its decision
within 180 days after the filing of the petition unless extension of the
time period is agreed to by all the parties to the proceeding.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-505.6. Unbundling of noncompetitive services. A
telecommunications carrier that provides both noncompetitive and
competitive telecommunications services shall provide all noncompetitive
telecommunications services on an unbundled basis to the same extent the
Federal Communications Commission requires that carrier to unbundle the
same services provided under its jurisdiction. The Illinois Commerce
Commission may require additional unbundling of noncompetitive
telecommunications services over which it has jurisdiction based on a
determination, after notice and hearing, that additional unbundling is in
the public interest and is consistent with the policy goals and other
provisions of this Act.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-505.7)
Sec. 13-505.7. (Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-505.8)
Sec. 13-505.8.
(Repealed).
(Source: P.A. 90-185, eff. 7-23-97. Renumbered by P.A. 90-655. Repealed by
P.A. 90-574, eff. 3-20-98.)
(220 ILCS 5/13-506)
Sec. 13-506. (Repealed).
(Source: P.A. 90-655, eff. 7-30-98. Repealed by P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-506.1. Alternative forms of regulation for noncompetitive services.
(a) Notwithstanding any of the ratemaking provisions of this Article or
Article IX that are deemed to require rate of return regulation, the
Commission may implement alternative forms of regulation in order to
establish just and reasonable rates for noncompetitive telecommunications
services including, but not limited to, price regulation, earnings sharing,
rate moratoria, or a network modernization plan. The Commission is
authorized to adopt different forms of regulation to fit the particular
characteristics of different telecommunications carriers and their service
areas.
In addition to the public policy goals declared in Section 13-103, the
Commission shall consider, in determining the appropriateness of any
alternative form of regulation, whether it will:
(b) A telecommunications carrier providing noncompetitive
telecommunications services may petition the Commission to regulate the
rates or charges of its noncompetitive services under an alternative form
of regulation. The telecommunications carrier shall submit with its
petition its plan for an alternative form of regulation. The Commission
shall review and may modify or reject the carrier's proposed plan. The
Commission also may initiate consideration of alternative
forms of regulation for a telecommunications carrier on its own motion.
The Commission may approve the plan or modified plan and authorize its
implementation only if it finds, after notice and hearing, that the plan or
modified plan at a minimum:
(c) An alternative regulation plan approved under this Section shall
provide, as a condition for Commission approval of the plan, that for the
first 3 years the plan is in effect, basic residence service rates shall be
no higher than those rates in effect 180 days before the filing of the
plan. This provision shall not be used as a justification or rationale for
an increase in basic service rates for any other customer class. For
purposes of this Section, "basic residence service rates" shall mean
monthly recurring charges for the telecommunications carrier's lowest
priced primary residence network access lines, along
with any associated untimed or flat rate local usage charges. Nothing in
this subsection (c) shall preclude the Commission from approving an
alternative regulation plan that results in rate reductions
provided all the requirements of subsection (b) are satisfied by the plan.
(d) Any alternative form of regulation granted for a multi-year period
under this Section shall provide for annual or more frequent reporting to
the Commission to document that the requirements of the plan are being
properly implemented.
(e) Upon petition by the telecommunications carrier or any other person
or upon its own motion, the Commission may rescind its approval of an
alternative form of regulation if, after notice and hearing, it finds that
the conditions set forth in subsection (b) of this Section can no longer be
satisfied. Any person may file a complaint alleging that the rates charged
by a telecommunications carrier under an alternative form of regulation are
unfair, unjust, unreasonable, unduly discriminatory, or are otherwise not
consistent with the requirements of this Article; provided, that the
complainant shall bear the burden of proving the allegations in the complaint.
(f) Nothing in this Section shall be construed to authorize the
Commission to render Sections 9-241, 9-250, and 13-505.2 inapplicable to
noncompetitive services.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-506.2)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-506.2. Market regulation for competitive retail services.
(a) Definitions. As used in this Section:
(b) Election for market regulation.
Notwithstanding any other provision of this Act, an Electing Provider may elect to have the rates, terms, and conditions of its competitive retail telecommunications services solely determined and regulated pursuant to the terms of this Section by filing written notice of its election for market regulation with the Commission. The notice of election shall designate the geographic area of the Electing Provider's service territory where the market regulation shall apply, either on a state-wide basis or in one or more specified Market Service Areas ("MSA") or Exchange areas. An Electing Provider shall not make an election for market regulation under this Section unless it commits in its written notice of election for market regulation to fulfill the conditions and requirements in this Section in each geographic area in which market regulation is elected. Immediately upon filing the notice of election for market regulation, the Electing Provider shall be subject to the jurisdiction of the Commission to the extent expressly provided in this Section.
(c) Competitive classification. Market regulation shall be available for competitive retail telecommunications services as provided in this subsection.
(d) Consumer choice safe harbor options.
(e) Service quality and customer credits for basic local exchange service.
(f) Commission jurisdiction over competitive retail telecommunications services. Except as otherwise expressly stated in this Section, the Commission shall thereafter have no jurisdiction or authority over any aspect of competitive retail telecommunications service of an Electing Provider in those geographic areas included in the Electing Provider's notice of election pursuant to subsection (b) of this Section or of a retail telecommunications service classified as competitive pursuant to Section 13-502 or subdivision (c)(5) of this Section, heretofore subject to the jurisdiction of the Commission, including but not limited to, any requirements of this Article related to the terms, conditions, rates, quality of service, availability, classification or any other aspect of any competitive retail telecommunications services. No telecommunications carrier shall commit any unfair or deceptive act or practice in connection with any aspect of the offering or provision of any competitive retail telecommunications service. Nothing in this Article shall limit or affect any provisions in the Consumer Fraud and Deceptive Business Practices Act with respect to any unfair or deceptive act or practice by a telecommunications carrier.
(g) Commission authority over access services upon election for market regulation.
(h) Safety of service equipment and facilities.
(i) (Blank).
(j) Application of Article VII. The provisions of Sections 7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are applicable to an Electing Provider offering or providing retail telecommunications service, and the Commission's regulation thereof, except that (1) the approval of contracts and arrangements with affiliated interests required by paragraph (3) of Section 7-101 shall not apply to such telecommunications carriers provided that, except as provided in item (2), those contracts and arrangements shall be filed with the Commission; (2) affiliated interest contracts or arrangements entered into by such telecommunications carriers where the increased obligation thereunder does not exceed the lesser of $5,000,000 or 5% of such carrier's prior annual revenue from noncompetitive services are not required to be filed with the Commission; and (3) any consent and approval of the Commission required by Section 7-102 is not required for the sale, lease, assignment, or transfer by any Electing Provider of any property that is not necessary or useful in the performance of its duties to the public.
(k) Notwithstanding other provisions of this Section, the Commission retains its existing authority to enforce the provisions, conditions, and requirements of the following Sections of this Article: 13-101, 13-103, 13-201, 13-301, 13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, 13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, 13-404.2, 13-405, 13-406, 13-501, 13-501.5, 13-503, 13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, 13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, 13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully and equally applicable to Electing Providers and to telecommunications carriers providing retail telecommunications service classified as competitive pursuant to Section 13-502 or subdivision (c)(5) of this Section subject to the provisions of this Section. On the effective date of this amendatory Act of the 98th General Assembly, the following Sections of this Article shall cease to apply to Electing Providers and to telecommunications carriers providing retail telecommunications service classified as competitive pursuant to Section 13-502 or subdivision (c)(5) of this Section: 13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2, 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507, 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701, and 13-712.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17; 100-840, eff. 8-13-18.)
(220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-507.
In any proceeding permitting, approving, investigating, or
establishing rates, charges, classifications, or tariffs for
telecommunications services offered or provided by a telecommunications
carrier that offers or provides both noncompetitive and competitive
services, the Commission shall not allow any subsidy of competitive
services or nonregulated activities by noncompetitive services. In the
event that facilities are utilized or expenses are incurred for the
provision of both competitive and noncompetitive services, the Commission
shall apportion the facilities and expenses between noncompetitive services
in the aggregate and competitive services in the aggregate and shall allow or
establish rates or charges for the noncompetitive services which reflect
only that portion of the facilities or expenses that it finds to be
properly and reasonably apportioned to noncompetitive services. An
apportionment of facilities or expenses between competitive and
noncompetitive services, together with any corresponding rate changes,
shall be made in general rate proceedings and in other proceedings,
including service classification proceedings, that are necessary to ensure
against any subsidy of competitive services by noncompetitive services. The
Commission shall have the power to take or require such action as is
necessary to ensure that rates or charges for noncompetitive services
reflect only the value of facilities, or portion thereof, used and useful,
and the expenses or portion thereof reasonably and prudently incurred, for
the provision of the noncompetitive services. The Commission may, in such
event, also establish, by rule, any additional procedures, rules,
regulations, or mechanisms necessary to identify and properly account for
the value or amount of such facilities or expenses.
The Commission may establish, by rule, appropriate methods for ensuring
against cross-subsidization between competitive services and noncompetitive
services as required under this Article, including appropriate methods for
calculating the long-run service incremental costs of providing any
telecommunications service and, when appropriate, group of services and
methods for apportioning between noncompetitive services in the aggregate
and competitive services in the aggregate the value of facilities utilized
and expenses incurred to provide both competitive and noncompetitive
services, for example, common overheads that are not accounted for in the
long-run service incremental costs of individual services or groups of
services. The Commission may order any telecommunications carrier to
conduct a long-run service incremental cost study and to provide the
results thereof to the Commission. Any cost study provided to the
Commission pursuant to the provisions of this Section may, in the
Commission's discretion, be accorded proprietary treatment. In addition to
the requirements of subsection (c) of Section 13-502 and of Section
13-505.1 applicable to the rates and charges for individual competitive
services, the aggregate gross revenues of all competitive services shall be
equal to or greater than the sum of the long-run service incremental costs
for all competitive services as a group and the value of
other facilities and expenses apportioned to competitive services as a
group under this Section.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-507.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-507.1. In any proceeding permitting, approving, investigating, or establishing rates, charges, classifications, or tariffs for telecommunications services classified as noncompetitive offered or provided by an incumbent local exchange carrier as that term is defined in Section 13-202.5 of this
Act, the Commission shall not allow any subsidy of Internet services, cable services, or video services by the rates or charges for local exchange telecommunications services, including local services classified as noncompetitive.
(Source: P.A. 102-558, eff. 8-20-21.)
(220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-508.
The Commission is authorized, after notice and hearing, to
order a telecommunications carrier which offers or provides both
competitive and noncompetitive telecommunications service to establish a
fully separated subsidiary to provide all or part of such competitive
service where:
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-508.1) (from Ch. 111 2/3, par. 13-508.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-508.1. Separate subsidiary requirement for certain electronic
publishing. A telecommunications carrier
that offers or provides both competitive and noncompetitive services shall
not provide (1) electronically published news, feature, or entertainment
material of the type generally published in newspapers, or (2) electronic
advertising services, except through a fully separated subsidiary;
provided, however, that a telecommunications carrier shall be allowed to
resell, without editing the content, news, feature, or entertainment
material of the type generally published in newspapers that it purchases
from an unaffiliated entity or from a separate subsidiary to the extent the
separate subsidiary makes that material available to all other persons
under the same rates, terms, and conditions. Nothing in this Section shall
prohibit a telecommunications carrier from electronic advertising of its
own regulated services or from providing tariffed telecommunications
services to a separate subsidiary or an unaffiliated entity that provides
electronically published news, feature, or entertainment material or
electronic advertising services.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-509. Agreements for provisions of competitive telecommunications
services differing from tariffs or written service offerings. A telecommunications carrier may negotiate
with customers or
prospective customers to provide competitive telecommunications service, and in
so
doing, may offer or agree to provide such service on such terms and for
such rates or charges as are reasonable, without regard to any
tariffs
it may have filed with the Commission or written service offerings posted on the telecommunications carrier's website pursuant to Section 13-501(c) of this Act with respect to
such services. Upon request of the Commission,
the telecommunications carrier shall submit to the Commission written
notice of a list of any such agreements (which list may be filed
electronically) within the past year. The notice shall identify the general nature
of all such agreements. A copy of each such
agreement shall be provided to the Commission
within 10 business days after a request for review of the agreement is made by
the Commission or is made to the Commission
by another telecommunications carrier or by a party to such agreement.
Any agreement or notice entered into or submitted pursuant to the
provisions of this Section may, in the Commission's discretion, be accorded
proprietary treatment.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-510) (from Ch. 111 2/3, par. 13-510)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-510. Compensation of payphone providers. Any telecommunications
carrier using the facilities or services of a payphone
provider shall pay the provider just and reasonable compensation for the use
of those facilities or services to complete billable operator services
calls and for any other use that the Commission determines appropriate
consistent with the provisions of this Act. The compensation shall be
determined by the Commission subject to the provisions of this Act. This
Section shall not apply to the extent a telecommunications carrier and a
payphone provider have reached their own written compensation agreement.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-511)
Sec. 13-511. (Repealed).
(Source: P.A. 92-526, eff. 1-1-03. Repealed by P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-512)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-512. Rules; review. The Commission shall have general rulemaking
authority to make rules necessary to enforce this Article. However, not later
than 270 days after the effective date of this amendatory Act of 1997, and
every 2 years thereafter, the Commission shall review all rules issued under
this Article that apply to the operations or activities of any
telecommunications carrier. The Commission shall, after notice and hearing,
repeal or modify any rule it determines to be no longer in the public interest
as the result of the reasonable availability of competitive telecommunications
services.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-513)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-513. Waiver of rules. A telecommunications carrier may petition
for waiver of the application of a rule issued pursuant to this Act. The
burden of proof in establishing the right to a waiver shall be upon the
petitioner. The petition shall include a demonstration that the waiver would
not harm consumers and would not impede the development or operation of a
competitive market. Upon such demonstration, the Commission may waive the
application of a rule, but not the application of a provision of this Act. The
Commission may conduct an investigation of the petition on its own motion or at
the request of a potentially affected person. If no investigation is
conducted, the waiver shall be deemed granted 30 days after the petition is
filed.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-514)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-514. Prohibited actions of telecommunications carriers. A
telecommunications carrier shall not knowingly impede the
development of competition in any telecommunications service
market. The following prohibited actions are considered per se impediments to
the
development of competition; however, the Commission is not limited in any
manner to these enumerated impediments and may consider other actions which
impede competition to be prohibited:
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-515)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-515. Enforcement.
(a) The following expedited procedures shall be used
to enforce the provisions of Section 13-514 of this
Act, provided that, for a violation of paragraph (8) of Section 13-514 to qualify for the expedited procedures of this Section, the violation must be in a manner that unreasonably delays, increases the cost, or impedes the availability of telecommunications services to consumers. However, the
Commission, the complainant, and the respondent may mutually agree to adjust
the
procedures established in this Section.
(b) (Blank).
(c) No complaint may be filed under this Section until the
complainant has first notified the respondent of the alleged
violation and offered the respondent
48 hours to correct the situation. Provision of notice and the
opportunity to correct the situation creates a rebuttable presumption of
knowledge under Section 13-514.
After the filing of a complaint under this Section, the parties may agree to
follow the mediation process under Section 10-101.1 of this Act. The time
periods specified in subdivision (d)(7) of this Section shall be tolled
during the time
spent in mediation under Section 10-101.1.
(d) A telecommunications carrier may file a complaint with the
Commission alleging a violation of Section 13-514 in
accordance with this subsection:
(e) If the alleged violation has a substantial adverse effect
on the ability of the complainant to provide service to
customers, the complainant may include in its complaint a
request for an order for emergency relief. The
Commission, acting through its designated administrative law judge or arbitrator, shall act upon such a request
within 2 business days of the filing of the complaint. An order for
emergency relief may be granted, without an evidentiary
hearing, upon a verified factual showing that the party
seeking relief will likely succeed on the merits, that the
party will suffer irreparable harm in its ability to serve
customers if emergency relief is not granted, and that the
order is in the public interest. An order for emergency
relief shall include a finding that the requirements of this
subsection have been fulfilled and shall specify the
directives that must be fulfilled by the respondent and
deadlines for meeting those directives. The decision of
the administrative law judge or arbitrator to grant or deny
emergency relief shall be considered an order of the
Commission unless the Commission enters its own order within 2 calendar days of
the decision of the administrative law judge or arbitrator. The order for emergency
relief may require
the responding party to act or refrain from acting so as to
protect the provision of competitive service offerings to
customers. Any action required by an emergency relief
order must be technically feasible and economically reasonable and the
respondent
must be given a reasonable period of time to comply with
the order.
(f) The Commission is authorized to obtain outside resources
including, but not limited to, arbitrators and consultants for
the purposes of the hearings authorized by this Section.
Any arbitrator or consultant obtained by the Commission
shall be approved by both parties to the hearing.
The cost of such outside resources including, but not limited to, arbitrators
and consultants shall be borne by the parties. The Commission shall review
the bill for reasonableness and assess the parties for reasonable costs
dividing the costs according to the resolution of the complaint brought under
this Section. Such costs shall be paid by the parties directly to the
arbitrators, consultants, and other providers of outside resources within 60
days after receiving notice of the assessments from the Commission. Interest
at the statutory rate shall accrue after expiration of the 60-day period. The
Commission, arbitrators, consultants, or other providers of outside
resources may apply to a court of competent jurisdiction for an order
requiring payment.
(g) The Commission shall assess the parties under this subsection for
all of the
Commission's costs of investigation and conduct of the
proceedings brought under this Section including, but not limited to, the
prorated salaries of staff, attorneys, administrative law judges, and support
personnel and including any travel and per diem, directly attributable to the
complaint brought pursuant to this Section, but excluding those costs provided
for in subsection (f), dividing the costs according to the resolution of
the complaint brought under this Section. All
assessments made under this subsection shall be paid into the Public
Utility Fund within
60 days after receiving notice of the assessments from the
Commission. Interest at the statutory rate shall accrue after
the expiration of the 60 day period. The Commission is
authorized to apply to a court of competent jurisdiction for an
order requiring payment.
(h) If the Commission determines that there is an imminent
threat to competition or to the public interest, the
Commission may, notwithstanding any other provision of this Act, seek
temporary, preliminary, or permanent
injunctive relief from a court of competent jurisdiction either
prior to or after the hearing.
(i) A party shall not bring or defend a proceeding brought under
this Section or assert or controvert an issue in a proceeding brought under
this Section, unless
there is a non-frivolous basis for doing so. By presenting a
pleading, written motion, or other paper in complaint or
defense of the actions or inaction of a party under this
Section, a party is certifying to the Commission that to the
best of that party's knowledge, information, and belief,
formed after a reasonable inquiry of the subject matter of the
complaint or defense, that the complaint or defense is well
grounded in law and fact, and under the circumstances:
(j) If, after notice and a reasonable opportunity to respond,
the Commission determines that subsection (i) has been
violated, the Commission shall impose appropriate
sanctions upon the party or parties that have violated
subsection (i) or are responsible for the violation. The
sanctions shall be not more than $30,000, plus the
amount of expenses accrued by the Commission for
conducting the hearing. Payment of sanctions imposed under this subsection
shall be made to the Common School Fund within 30 days of
imposition of such sanctions.
(k) An appeal of a Commission Order made pursuant to this
Section shall not effectuate a stay of the Order unless a court
of competent jurisdiction specifically finds that the party
seeking the stay will likely succeed on the merits, that the party
will suffer irreparable harm without the stay, and that the stay is
in the public interest.
(Source: P.A. 100-20, eff. 7-1-17; 100-840, eff. 8-13-18.)
(220 ILCS 5/13-516)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-516. Enforcement remedies for prohibited actions by
telecommunications
carriers.
(a) In addition to any other provision of this Act, all of the following
remedies
may be applied for violations of Section 13-514, provided that, for a violation of paragraph (8) of Section 13-514 to qualify for the remedies in this Section, the violation must be in a manner that unreasonably delays, increases the cost, or impedes the availability of telecommunications services to consumers:
(b) The Commission may waive penalties imposed under subdivision (a)(2)
if it makes a written finding as to its reasons for waiving the
penalty. Reasons for waiving a penalty shall
include, but not be
limited
to, technological infeasibility and acts of God.
(c) The Commission shall establish by rule procedures for the imposition of
remedies under subsection (a) that, at a minimum, provide for
notice, hearing and a written order relating to the imposition of remedies.
(d) Unless enforcement of an order entered by the Commission under Section
13-515 otherwise directs or is stayed by the Commission or by an appellate
court reviewing the Commission's order, at any time after 30
days from the entry of the order, either the Commission, or the
telecommunications carrier found by the Commission to have been subjected to
a violation of Section 13-514, or both, is authorized to petition a court of
competent jurisdiction for an order at law or in equity requiring enforcement
of the Commission order. The court shall determine (1) whether the Commission
entered the order identified in the petition and (2) whether the violating
telecommunications carrier has complied with the Commission's order. A
certified copy of a Commission order shall be prima facie evidence that the
Commission entered the order so certified. Pending the court's resolution of
the petition, the court may award temporary or preliminary injunctive relief,
or such other equitable relief as may be necessary, to effectively implement
and
enforce the Commission's order in a timely manner.
If after a hearing the court finds that the Commission entered the order
identified in the petition and that the violating telecommunications carrier
has not complied with the Commission's order, the court shall enter judgment
requiring the violating telecommunications carrier to comply with the
Commission's order and order such relief at law or in equity as the court deems
necessary to effectively implement and enforce the Commission's order in a
timely manner. The court shall also award to the petitioner, or petitioners,
attorney's fees and costs, which shall be taxed and collected as part of the
costs of the case.
If the court finds that the violating telecommunications
carrier has failed to comply with the timely payment of damages, attorney's
fees, or costs ordered by the Commission, the court shall order the
violating telecommunications carrier to pay to the telecommunications carrier
or carriers awarded the damages, fees, or costs by the Commission
additional damages for the sake of example and by way of punishment for the
failure to timely comply with the order of the Commission, unless the court
finds a reasonable basis for the violating telecommunications carrier's failure
to make timely payment according to the Commission's order, in which instance
the court shall establish a new date for payment to be made.
(e) Payment of damages, attorney's fees, and costs imposed
under subsection (a) shall be made
within 30 days after issuance of the Commission order imposing the penalties,
damages, attorney's fees, or costs, unless otherwise directed by the Commission
or a reviewing court under an appeal taken pursuant to Article X. Payment of
penalties imposed under subsection (a) shall be made
to the Common School Fund within 30 days of issuance of the Commission order
imposing the penalties.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-517)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-517. Provision of advanced telecommunications services.
(a) Every Incumbent Local Exchange Carrier (telecommunications carrier that
offers or provides a noncompetitive telecommunications service) shall offer or
provide advanced telecommunications services to not less than 80% of its
customers by January 1, 2005.
(b) The Commission is authorized to grant a full or partial waiver of the
requirements of this Section upon verified petition of any Incumbent Local
Exchange Carrier ("ILEC") which demonstrates that full compliance with the
requirements of this Section would be unduly economically burdensome or
technically infeasible or otherwise impractical in exchanges with low
population density. Notice of any such petition must be given to all
potentially affected customers. If no potentially affected customer requests
the opportunity for a hearing on the waiver petition, the Commission may, in
its discretion, allow the waiver request to take effect without hearing. The
Commission shall grant such petition to the extent that, and for such duration
as, the Commission determines that such waiver:
(c) As used in this Section, "advanced telecommunications services" means
services capable of
supporting, in at least one direction, a speed in excess of 200 kilobits per
second (kbps) to the network demarcation point at the subscriber's premises.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-518)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-518. Optional service packages.
(a) It is the intent of this Section to provide unlimited local service
packages at prices that will result in savings for the average consumer.
Each telecommunications carrier that provides
competitive and noncompetitive services, and that is subject to an alternative
regulation plan pursuant to Section 13-506.1 of this Article, shall provide, in
addition to such other services as it offers, the following optional packages
of services for a fixed monthly rate, which, along with the terms and
conditions thereof, the Commission shall review, pursuant to Article IX of this
Act, to determine whether such rates, terms, and conditions are fair, just, and
reasonable.
(b) Nothing in this Section or this Act shall be construed to prohibit any
telecommunications carrier subject to this Section from charging customers who
elect to take one of the groups of services offered pursuant to this Section,
any applicable surcharges, fees, and taxes.
(c) The term "vertical services", when used in this Section, includes,
but is not necessarily limited to, call waiting, call forwarding, 3-way
calling, caller ID, call tracing, automatic callback, repeat dialing, and
voicemail.
(d) The service packages described in this Section shall be defined as
noncompetitive services.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-519)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-519. Fire alarm; discontinuance of service. When
a telecommunications
carrier initiates a discontinuance of service on a known emergency system or
fire alarm
system that is required by the local authority to be a dedicated phone line
circuit to the central dispatch of the fire department or fire protection
district or, if applicable, the police department, the telecommunications
carrier shall also transmit a copy of the
written notice of discontinuance to that local authority.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-601) (from Ch. 111 2/3, par. 13-601)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-601. Application of Article VII. The provisions of Article VII
of this Act are applicable only to telecommunications carriers offering or
providing noncompetitive telecommunications service, and the Commission's
regulation thereof, except that (1) the approval of contracts and arrangements
with affiliated interests required by paragraph (3) of Section 7-101 shall not
apply to such telecommunications carriers provided that, except as provided in
item (2), those contracts and arrangements shall be filed with the Commission
and (2) affiliated interest contracts or arrangements entered into by such
telecommunications carriers where the increased obligation thereunder does not
exceed the lesser of $5,000,000 or 5% of such carrier's prior annual revenue
from noncompetitive services are not required to be filed with the Commission.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)
(Section scheduled to be repealed on December 30, 2026)
Sec. 13-701. Notwithstanding any other provision of this Act to the
contrary, the Commission has no power to supervise or control any telephone
cooperative as respects assessment schedules or local service rates made or
charged by such a cooperative on a nondiscriminatory basis. In addition,
the Commission has no power to inquire into, or require the submission of,
the terms, conditions or agreements by or under which telephone
cooperatives are financed. A telephone cooperative shall file with the
Commission either a copy of the annual financial report required by the
Rural Electrification Administration, or the annual financial report
required of other public utilities.
Sections 13-712 and 13-713 of this Act do not apply to telephone cooperatives.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-702) (from Ch. 111 2/3, par. 13-702)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-702.
Every telecommunications carrier operating in this State
shall receive, transmit and deliver, without discrimination or delay, the
conversations, messages or other transmissions of every other
telecommunications carrier with which a joint rate has been established or
with whose line a physical connection may have been made.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-703.
(a) The Commission shall design and implement a program
whereby each telecommunications carrier providing local exchange service
shall provide a telecommunications device capable of servicing the needs of
those persons with a hearing or speech disability together with a
single party line, at no charge additional to the basic exchange rate, to
any subscriber who is certified as having a hearing or speech disability by a hearing care professional, as defined in the Hearing Instrument Consumer Protection Act, a speech-language pathologist, or a qualified
State agency and to any subscriber which is an organization serving the needs
of those persons with a hearing or speech disability as determined and
specified by the Commission pursuant to subsection (d).
(b) The Commission shall design and implement a program, whereby each
telecommunications carrier providing local exchange service shall provide a
telecommunications relay system, using third party intervention to connect
those persons having a hearing or speech disability with persons of normal
hearing by way of intercommunications devices and the telephone system, making
available reasonable access to all phases of public telephone service to
persons who have a hearing or speech disability. In order to design a
telecommunications relay system which will meet the requirements of those
persons with a hearing or speech disability available at a reasonable cost, the
Commission shall initiate an investigation and conduct public hearings to
determine the most cost-effective method of providing telecommunications relay
service to those persons who have a hearing or speech disability when using
telecommunications devices and therein solicit the advice, counsel, and
physical assistance of Statewide nonprofit consumer organizations that serve
persons with hearing or speech disabilities in such hearings and during the
development and implementation of the system. The Commission shall phase
in this program, on a geographical basis, as soon as is practicable, but
no later than June 30, 1990.
(c) The Commission shall establish a competitively neutral rate recovery mechanism that establishes charges in an amount to be determined by the Commission
for each line of a subscriber to allow telecommunications carriers
providing local exchange service to recover costs as they are incurred
under this Section. Beginning no later than April 1, 2016, and on a yearly basis thereafter, the Commission shall initiate a proceeding to establish the competitively neutral amount to be charged or assessed to subscribers of telecommunications carriers and wireless carriers, Interconnected VoIP service providers, and consumers of prepaid wireless telecommunications service in a manner consistent with this subsection (c) and subsection (f) of this Section. The Commission shall issue its order establishing the competitively neutral amount to be charged or assessed to subscribers of telecommunications carriers and wireless carriers, Interconnected VoIP service providers, and purchasers of prepaid wireless telecommunications service on or prior to June 1 of each year, and such amount shall take effect June 1 of each year.
Telecommunications carriers, wireless carriers, Interconnected VoIP service providers, and sellers of prepaid wireless telecommunications service shall have 60 days from the date the Commission files its order to implement the new rate established by the order.
(d) The Commission shall determine and specify those organizations serving
the needs of those persons having a hearing or speech disability that shall
receive a telecommunications device and in which offices the equipment shall be
installed in the case of an organization having more than one office. For the
purposes of this Section, "organizations serving the needs of those persons
with hearing or speech disabilities" means centers for independent living as
described in Section 12a of the Rehabilitation of Persons with Disabilities Act and
not-for-profit organizations whose primary purpose is serving the needs of
those persons with hearing or speech disabilities. The Commission shall direct
the telecommunications carriers subject to its jurisdiction and this
Section to comply with its determinations and specifications in this regard.
(e) As used in this Section:
"Prepaid wireless telecommunications service" has the meaning given to that term under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Retail transaction" has the meaning given to that term under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Seller" has the meaning given to that term under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Telecommunications carrier
providing local exchange service" includes, without otherwise limiting the
meaning of the term, telecommunications carriers which are purely mutual
concerns, having no rates or charges for services, but paying the operating
expenses by assessment upon the members of such a company and no other
person.
"Wireless carrier" has the meaning given to that term under Section 2 of the Emergency Telephone System Act.
(f) Interconnected VoIP service providers, sellers of prepaid wireless telecommunications service, and wireless carriers in Illinois shall collect and remit assessments determined in accordance with this Section in a competitively neutral manner in the same manner as a telecommunications carrier providing local exchange service. However, the assessment imposed on consumers of prepaid wireless telecommunications service shall be collected by the seller from the consumer and imposed per retail transaction as a percentage of that retail transaction on all retail transactions occurring in this State. The assessment on subscribers of wireless carriers and consumers of prepaid wireless telecommunications service shall not be imposed or collected prior to June 1, 2016.
Sellers of prepaid wireless telecommunications service shall remit the assessments to the Department of Revenue on the same form and in the same manner which they remit the fee collected under the Prepaid Wireless 9-1-1 Surcharge Act. For the purposes of display on the consumers' receipts, the rates of the fee collected under the Prepaid Wireless 9-1-1 Surcharge Act and the assessment under this Section may be combined. In administration and enforcement of this Section, the provisions of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of Section 15 and subsections (c) and (e) of Section 20 of the Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 (the effective date of Public Act 99-6), the seller shall be permitted to deduct and retain 3% of the assessments that are collected by the seller from consumers and that are remitted and timely filed with the Department) that are not inconsistent with this Section, shall apply, as far as practicable, to the subject matter of this Section to the same extent as if those provisions were included in this Section. Beginning on January 1, 2018, the seller is allowed to deduct and retain 3% of the assessments that are collected by the seller from consumers and that are remitted timely and timely filed with the Department, but only if the return is filed electronically as provided in Section 3 of the Retailers' Occupation Tax Act. Sellers who demonstrate that they do not have access to the Internet or demonstrate hardship in filing electronically may petition the Department to waive the electronic filing requirement. The Department shall deposit all assessments and penalties collected under this Section into the Illinois Telecommunications Access Corporation Fund, a special fund created in the State treasury. On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the amount available to the Commission for distribution out of the Illinois Telecommunications Access Corporation Fund. The amount certified shall be the amount (not including credit memoranda) collected during the second preceding calendar month by the Department, plus an amount the Department determines is necessary to offset any amounts which were erroneously paid to a different taxing body or fund. The amount paid to the Illinois Telecommunications Access Corporation Fund shall not include any amount equal to the amount of refunds made during the second preceding calendar month by the Department to retailers under this Section or any amount that the Department determines is necessary to offset any amounts which were payable to a different taxing body or fund but were erroneously paid to the Illinois Telecommunications Access Corporation Fund. The Commission shall distribute all the funds to the Illinois Telecommunications Access Corporation and the funds may only be used in accordance with the provisions of this Section. The Department shall deduct 2% of all amounts deposited in the Illinois Telecommunications Access Corporation Fund during every year of remitted assessments. Of the 2% deducted by the Department, one-half shall be transferred into the Tax Compliance and Administration Fund to reimburse the Department for its direct costs of administering the collection and remittance of the assessment. The remaining one-half shall be transferred into the Public Utility Fund to reimburse the Commission for its costs of distributing to the Illinois Telecommunications Access Corporation the amount certified by the Department for distribution. The amount to be charged or assessed under subsections (c) and (f) is not imposed on a provider or the consumer for wireless Lifeline service where the consumer does not pay the provider for the service. Where the consumer purchases from the provider optional minutes, texts, or other services in addition to the federally funded Lifeline benefit, a consumer must pay the charge or assessment, and it must be collected by the seller according to this subsection (f).
Interconnected VoIP services shall not be considered an intrastate telecommunications service for the purposes of this Section in a manner inconsistent with federal law or Federal Communications Commission regulation.
(g) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.
(h) The Commission may adopt rules necessary to implement this Section.
(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17; 100-20, eff. 7-1-17; 100-201, eff. 8-18-17; 100-303, eff. 8-24-17; 100-863, eff. 8-14-18.)
(220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-704.
Each page of a billing statement which sets forth charges
assessed against a customer by a telecommunications carrier for
telecommunications service shall reflect the telephone number or customer
account number to which the charges are being billed. If a telecommunications carrier offers electronic billing, customers may elect to have their bills sent electronically. Such bills shall be transmitted with instructions for payment. Information sent electronically shall be deemed to satisfy any requirement in this Section that such information be printed or written on a customer bill. Bills may be paid electronically or by the use of a customer-preferred financially accredited credit or debit methodology.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-705) (from Ch. 111 2/3, par. 13-705)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-705.
Every telephone directory distributed after July 1, 1990
to the general public in this State which lists the calling numbers of
telephones, of any telephone exchange located in this State, shall also
contain a listing, at no additional charge, of any special calling number
assigned to any telecommunication device for the deaf in use within the
geographic area of coverage for the directory, unless the telephone company
is notified by the telecommunication device subscriber that the subscriber
does not wish the TDD number to be listed in the directory. Such listing
shall include, but is not limited to, residential, commercial and
governmental numbers with telecommunication device access and shall include
a designation if the device is for print or display communication only or
if it also accommodates voice transmission. In addition to the
aforementioned requirements each telephone directory so distributed
shall also contain a listing of any city and county emergency services and
any police telecommunication device for the deaf calling numbers in the
coverage area within this State which is included in the directory as well
as the listing of the Illinois State Police emergency telecommunication
device for the deaf calling number in Springfield. This emergency numbers
listing shall be preceded by the words "Emergency Assistance for Deaf
Persons" which shall be as legible and printed in the same size as all
other emergency subheadings on the page; provided, that the provisions of
this Section do not apply to those directories distributed solely for
business advertising purposes, commonly known as classified directories.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-706) (from Ch. 111 2/3, par. 13-706)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-706.
Except as provided in Section 13-707 of this Act, all essential
telephones, all coin-operated phones and all emergency telephones sold,
rented or distributed by any other means in this State after July 1, 1990
shall be hearing-aid compatible. The provisions of this Section shall not
apply to any telephone that is manufactured before July 1, 1989.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-707) (from Ch. 111 2/3, par. 13-707)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-707.
The following telephones shall be exempt from the
requirements of Section 13-706 of this Act: telephones used with public
mobile services; telephones used with private radio services; and cordless
telephones. The exemption provided in this Section shall not apply with
respect to cordless telephones manufactured or imported more than 3 years
after September 19, 1988. The Commission shall periodically
assess the appropriateness of continuing in effect the exemptions provided
herein for public mobile service and private radio service telephones and
report their findings to the General Assembly.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-708)
Sec. 13-708.
(Repealed).
(Source: Repealed by P.A. 88-604, eff. 9-1-94.)
(220 ILCS 5/13-709)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-709. Orders of correction.
(a) A telecommunications carrier shall
comply with orders of correction issued by the Department of Public Health
under Section 5 of the Illinois Plumbing License Law.
(b) Upon receiving notification from the Department of Public Health that a
telecommunications carrier has failed to comply with an order of correction,
the Illinois Commerce Commission shall enforce the order.
(c) The good faith compliance by a
telecommunications carrier with
an order of the Department of Public Health or Illinois Commerce Commission to
terminate service
pursuant to
Section 5 of the Illinois Plumbing License Law
shall constitute a complete defense to any civil
action brought
against the telecommunications carrier arising from the termination of
service.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-712)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-712. Basic local exchange service quality; customer credits.
(a) It is the intent of the General Assembly that every telecommunications
carrier meet
minimum service quality standards in providing noncompetitive basic local exchange service on
a non-discriminatory basis to all classes of customers.
(b) Definitions:
(c) The Commission shall promulgate service quality rules
for basic local exchange service, which may include fines, penalties, customer
credits, and other enforcement mechanisms. In developing such service quality
rules, the Commission shall consider, at a minimum, the carrier's gross annual
intrastate revenue; the frequency, duration, and recurrence of the violation;
and the relative harm caused to the affected customer or other users of the
network. In imposing fines, the Commission shall take into account
compensation or credits paid by the telecommunications carrier to its customers
pursuant to this Section in compensation for the violation found pursuant to
this Section. These rules shall become effective within one year after the
effective date of this amendatory Act of the 92nd General Assembly.
(d) The rules shall, at a minimum, require each telecommunications carrier
to do all of the following:
(e) The rules shall include provisions for customers to be
credited by the
telecommunications carrier for violations of basic local exchange service
quality
standards as described in subsection (d).
The credits shall be applied on the statement issued to the
customer for the next monthly billing cycle following the violation or
following the discovery of the violation.
The performance levels established in subsection (c) are solely for the
purposes
of consumer credits and shall not be used as performance levels for the
purposes of
assessing penalties under Section 13-305.
At a minimum, the rules shall
include the following:
(f) The rules shall require each telecommunications carrier to provide to
the Commission, on
a quarterly basis and in a form suitable for posting on the Commission's
website, a public
report that includes performance data for basic local exchange service quality
of service.
The performance data shall be disaggregated for each geographic area and each
customer class of the
State for
which the telecommunications carrier internally monitored performance data as
of a date
120 days preceding the effective date of this amendatory Act of the 92nd
General Assembly. The report shall
include, at
a minimum, performance data on basic local exchange service installations,
lines out of
service for more than 30 hours, carrier response to customer calls, trouble
reports, and
missed repair and installation commitments.
(g) The Commission shall establish and implement carrier to carrier
wholesale service
quality rules and establish remedies to ensure enforcement of the rules.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-713)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-713. Consumer complaint resolution process.
(a) It is the intent of the General Assembly
that consumer complaints against
telecommunications carriers shall be concluded as expeditiously as possible
consistent with the rights of the parties thereto to the due process of law
and protection of the public interest.
(b) The Commission shall promulgate rules that permit parties
to resolve disputes through mediation. A consumer may request mediation upon
completion of the Commission's informal complaint process and prior to the
initiation of a formal complaint as described in Commission rules.
(c) A residential consumer or business
consumer with fewer than 20 lines shall have the right to request mediation for
resolution of a dispute with a telecommunications carrier. The carrier shall
be required to participate in mediation at the consumer's request.
(d) The Commission may retain the services of an independent neutral
mediator or trained Commission staff to facilitate resolution of the consumer
dispute. The mediation process must be completed no later than 45 days after
the consumer requests mediation.
(e) If the parties reach agreement, the agreement shall be reduced to
writing at the conclusion of the mediation. The writing shall contain mutual
conditions, payment arrangements, or other terms that resolve the dispute in
its
entirety. If the parties are unable to reach agreement or after 45 days,
whichever occurs first, the consumer may file a formal complaint with the
Commission as described in Commission rules.
(f) If either the consumer or the carrier fails to abide by the terms of the
settlement agreement, either party may exercise any rights it may have as
specified in the terms of the agreement or as provided in Commission rules.
(g) All notes, writings and settlement discussions related to the mediation
shall be exempt from discovery and shall be inadmissible in any agency or court
proceeding.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-801. Incumbent local exchange carrier obligations.
(a) This Section provides
additional State requirements contemplated by, but not inconsistent with,
Section
261(c) of the federal Telecommunications Act of 1996, and not preempted by
orders of the Federal Communications Commission.
A telecommunications carrier not subject to regulation under an alternative
regulation plan pursuant to Section 13-506.1
of this Act shall not be subject to the provisions of this Section, to the
extent that this Section imposes requirements or obligations upon the
telecommunications carrier that exceed or are more stringent than those
obligations imposed by Section 251 of the federal Telecommunications Act of
1996 and regulations promulgated thereunder.
An incumbent local exchange carrier shall provide a requesting
telecommunications carrier with interconnection, collocation, network elements,
and
access to operations support systems on just, reasonable, and nondiscriminatory
rates,
terms, and
conditions to enable the provision of any and all existing and new
telecommunications
services within the LATA, including, but not limited to, local exchange and
exchange
access. The Commission shall require the incumbent local exchange carrier to
provide
interconnection, collocation, and network elements in any manner technically
feasible to
the fullest extent possible to implement the maximum development of competitive
telecommunications services offerings. As used in this Section, to the extent
that
interconnection, collocation, or network elements have been deployed for or by
the
incumbent local exchange carrier or one of its wireline local exchange
affiliates in any
jurisdiction, it shall be presumed that such is technically feasible in
Illinois.
(b) Interconnection.
(c) Collocation. An incumbent local exchange carrier shall provide for
physical
or virtual collocation of any type of equipment for interconnection or access
to network
elements at the premises of the incumbent local exchange carrier on just,
reasonable, and
nondiscriminatory rates, terms, and conditions. The equipment shall include,
but is not
limited to, optical transmission equipment, multiplexers, remote switching
modules, and
cross-connects between the facilities or equipment of other collocated
carriers. The
equipment shall also include microwave transmission facilities on the exterior
and interior of
the incumbent local exchange carrier's premises used for interconnection to, or
for
access to network elements of, the incumbent local exchange carrier or a
collocated
carrier, unless the incumbent local exchange carrier demonstrates to the
Commission that
it is not practical due to technical reasons or space limitations. An
incumbent local
exchange carrier shall allow, and provide for, the most reasonably direct and
efficient
cross-connects, that are consistent with safety and network reliability
standards, between
the facilities of collocated carriers. An incumbent local exchange carrier
shall also allow,
and provide for, cross connects between a noncollocated telecommunications
carrier's
network elements platform, or a noncollocated telecommunications carrier's
transport
facilities, and the facilities of any collocated carrier, consistent with
safety and network
reliability standards.
(d) Network elements. The incumbent local exchange carrier shall provide to
any
requesting telecommunications carrier, for the provision of an existing or a
new
telecommunications service, nondiscriminatory access to network elements on any
unbundled or bundled basis, as requested, at any technically feasible point on just,
reasonable, and nondiscriminatory rates, terms, and conditions.
(e) Operations support systems. The Commission shall establish minimum
standards
with just, reasonable, and nondiscriminatory rates, terms, and conditions for
the
preordering, ordering, provisioning, maintenance and repair, and billing
functions of the
incumbent local exchange carrier's operations support systems provided to other
telecommunications carriers.
(f) Resale. An incumbent local exchange carrier shall offer all retail
telecommunications services, that the incumbent local exchange carrier provides
at retail
to subscribers who are not telecommunications carriers, within the LATA,
together with
each applicable optional feature or functionality, subject to resale at
wholesale rates
without imposing any unreasonable or discriminatory conditions or limitations.
Wholesale rates shall be based on the retail rates charged to end users for the
telecommunications service requested, excluding the portion thereof
attributable to any
marketing, billing, collection, and other costs avoided by the local exchange
carrier.
The Commission may determine under Article IX of this Act that certain
noncompetitive services, together with each applicable optional feature or
functionality, that are offered to residence customers under different rates,
charges, terms, or conditions than to other customers should not be subject to
resale under the rates, charges, terms, or conditions available only to
residence customers.
(g) Cost based rates. Interconnection, collocation, network elements, and
operations
support systems shall be provided by the incumbent local exchange carrier to
requesting
telecommunications carriers at cost based rates. The immediate implementation
and
provisioning of interconnection, collocation, network elements, and operations
support
systems shall not be delayed due to any lack of determination by the Commission
as to
the cost based rates. When cost based rates have not been established, within
30 days after
the filing of a petition for the setting of interim rates, or after the
Commission's own
motion, the Commission shall provide for interim rates that shall remain in
full force and
effect until the cost based rate determination is made, or the interim rate is
modified, by
the Commission.
(h) Rural exemption. This Section does not apply to certain rural telephone
companies as
described in 47 U.S.C. 251(f).
(i) Schedule of rates. A telecommunications carrier may request the
incumbent
local exchange carrier to provide a schedule of rates listing each of the rate
elements of
the incumbent local exchange carrier that pertains to a proposed order
identified by the
requesting telecommunications carrier for any of the matters covered in this
Section. The
incumbent local exchange carrier shall deliver the requested schedule of rates
to the
requesting telecommunications carrier within 2 business days for 95% of the
requests for each requesting carrier
(j) Special access circuits. Other than as provided in subdivision
(d)(4) of this Section
for the network elements platform described in that subdivision, nothing in
this amendatory Act of the 92nd General Assembly is intended to require or
prohibit the substitution of switched or special access services by or with a
combination of network elements nor address the Illinois Commerce Commission's
jurisdiction or authority in this area.
(k) The Commission shall determine any matters in dispute between the
incumbent local exchange carrier and the requesting carrier pursuant to Section
13-515 of this Act.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-802)
Sec. 13-802. (Repealed).
(Source: P.A. 84-1063. Repealed by P.A. 96-927, eff. 6-15-10.)
(220 ILCS 5/13-802.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-802.1. Depreciation; examination and audit; agreement conditions; federal Telecommunications Act of 1996.
(a) In performing any cost analysis authorized pursuant to this Act, the Commission may ascertain and determine and by order fix the proper and adequate rate of depreciation of the property for a telecommunications carrier for the purpose of such cost analysis.
(b) The Commission may provide for the examination and audit of all accounts. Items subject to the Commission's regulatory requirements shall be so allocated in the manner prescribed by the Commission. The officers and employees of the Commission shall have the authority under the direction of the Commission to inspect and examine any and all books, accounts, papers, records, and memoranda kept by the telecommunications carrier.
(c) The Commission is authorized to adopt rules and regulations concerning the conditions to be contained in and become a part of contracts for noncompetitive telecommunications services in a manner consistent with this Act and federal law.
(d) The Commission shall have the authority to, and shall engage in, all state regulatory actions needed to implement and enforce the federal Telecommunications Act of 1996 consistent with federal law, including, but not limited to, the negotiation, arbitration, implementation, resolution of disputes and enforcement of interconnection agreements arising under Sections 251 and 252 of the federal Telecommunications Act of 1996.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803)
Sec. 13-803.
(Repealed).
(Source: P.A. 90-185, eff. 7-23-97. Repealed by P.A. 92-22, eff. 6-30-01.)
(220 ILCS 5/13-804)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-804. Broadband investment. Increased investment into broadband infrastructure is critical to the economic development of this State and a key component to the retention of existing jobs and the creation of new jobs. The removal of regulatory uncertainty will attract greater private-sector investment in broadband infrastructure. Notwithstanding other provisions of this Article:
Except to the extent expressly permitted by and consistent with federal law, the regulations of the Federal Communications Commission, this Article, Article XXI or XXII of this Act, or this amendatory Act of the 96th General Assembly, the Commission shall not regulate the rates, terms, conditions, quality of service, availability, classification, or any other aspect of service regarding (i) broadband services, (ii) Interconnected VoIP services, (iii) information services, as defined in 47 U.S.C. 153(20) on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter, or (iv) wireless services, including, but not limited to, private radio service, public mobile service, or commercial mobile service, as those terms are defined in 47 U.S.C. 332 on the effective date of this amendatory Act of the 96th General Assembly or as amended thereafter.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-900)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-900. Authority to serve as 9-1-1 system provider; rules.
(a) The General Assembly finds that it is necessary to require the certification of 9-1-1 system providers to ensure the safety of the lives and property of Illinoisans and Illinois businesses, and to otherwise protect and promote the public safety, health, and welfare of the citizens of this State and their property.
(b) For purposes of this Section:
(c) Except as otherwise provided in this Section, beginning July 1, 2010, it is unlawful for any 9-1-1 system provider to offer or provide or seek to offer or provide to any emergency telephone system board or 9-1-1 system, or agent, representative, or designee thereof, any network and database service used or intended to be used by any emergency telephone system board or 9-1-1 system for the purpose of answering, transferring, or relaying requests for emergency services, or dispatching public safety agency personnel in response to requests for emergency services, unless the 9-1-1 system provider has applied for and received a Certificate of 9-1-1 System Provider Authority from the Commission. The Commission shall approve an application for a Certificate of 9-1-1 System Provider Authority upon a showing by the applicant, and a finding by the Commission, after notice and hearing, that the applicant possesses sufficient technical, financial, and managerial resources and abilities to provide network service and database services that it seeks authority to provide in its application for service authority, in a safe, continuous, and uninterrupted manner.
(d) No incumbent local exchange carrier that provides, as of the effective date of this amendatory Act of the 96th General Assembly, any 9-1-1 network and 9-1-1 database service used or intended to be used by any Emergency Telephone System Board or 9-1-1 system, shall be required to obtain a Certificate of 9-1-1 System Provider Authority under this Section. No entity that possesses, as of the effective date of this amendatory Act of the 96th General Assembly, a Certificate of Service Authority and provides 9-1-1 network and 9-1-1 database services to any incumbent local exchange carrier as of the effective date of this amendatory Act of the 96th General Assembly shall be required to obtain a Certificate of 9-1-1 System Provider Authority under this Section.
(e) Any and all enforcement authority granted to the Commission under this Section shall apply exclusively to 9-1-1 system providers granted a Certificate of Service Authority under this Section and shall not apply to incumbent local exchange carriers that are providing 9-1-1 service as of the effective date of this amendatory Act of the 96th General Assembly.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-900.1)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-900.1. Authority over 9-1-1 rates and terms of service. Notwithstanding any other provision of this Article, the Commission retains its full authority over the rates and service quality as they apply to 9-1-1 system providers, including the Commission's existing authority over interconnection with 9-1-1 system providers and 9-1-1 systems. The rates, terms, and conditions for 9-1-1 service shall be tariffed and shall be provided in the manner prescribed by this Act and shall be subject to the applicable laws, including rules or regulations adopted and orders issued by the Commission or the Federal Communications Commission. The Commission retains this full authority regardless of the technologies utilized or deployed by 9-1-1 system providers.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-900.2)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-900.2. Access services.
(a) This Section shall apply to switched access rates charged by all carriers other than Electing Providers whose switched access rates are governed by subsection (g) of Section 13-506.2 of this Act.
(b) Except as otherwise provided in subsection (c) of this Section, the rates of any telecommunications carrier, including, but not limited to, competitive local exchange carriers, providing intrastate switched access service shall be reduced to rates no higher than the carrier's rates for interstate switched access service as follows:
Following 24 months after the effective date of this amendatory Act of the 96th General Assembly, each telecommunications carrier must continue to set its intrastate switched access rates to mirror its interstate switched access rates and rate structure. For purposes of this Section, the rate for intrastate switched access service means the composite, per-minute rate for that service, including all applicable fixed and traffic-sensitive charges, including, but not limited to, carrier common line charges.
(c) Subsection (b) of this Section shall not apply to incumbent local exchange carriers serving 35,000 or fewer access lines.
(d) Nothing in subsection (b) of this Section prohibits a telecommunications carrier from electing to offer intrastate switched access service at rates lower than its interstate rates.
(e) The Commission shall have no authority to order a telecommunications carrier to set its rates for intrastate switched access at a level lower than its interstate switched access rates.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-900.3)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-900.3. Regulatory flexibility for 9-1-1 system providers.
(a) For purposes of this Section, "Regional Pilot Project" to implement next generation 9-1-1 has the same meaning as that term is defined in Section 2.22 of the Emergency Telephone System Act.
(b)
For the limited purpose of a Regional Pilot Project to implement next generation 9-1-1, as defined in Section 13-900 of this Article, the Commission may forbear from applying any rule or provision of Section 13-900 as it applies to implementation of the Regional Pilot Project to implement next generation 9-1-1 if the Commission determines, after notice and hearing, that:
(1) enforcement of the rule is not necessary to ensure the development and improvement of emergency communication procedures and facilities in such a manner as to be able to quickly respond to any person requesting 9-1-1 services from police, fire, medical, rescue, and other emergency services;
(2) enforcement of the rule or provision is not necessary for the protection of consumers; and
(3) forbearance from applying such provisions or rules is consistent with the public interest.
The Commission may exercise such forbearance with respect to one, and only one, Regional Pilot Project as authorized by Sections 10 and 11 of the Emergency Telephone Systems Act to implement next generation 9-1-1.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-901. Operator service provider.
(a) For the purposes of this Section:
(b) The Commission shall, by rule or order, adopt and enforce
operating requirements for the provision of operator-assisted services.
The rules shall apply to operator service providers and to aggregators. The
rules shall be compatible with the rules adopted by the Federal Communications
Commission under the federal Telephone Operator Consumer Services Improvement
Act of 1990. These requirements shall address, but not necessarily be limited
to, the following:
(c) The Commission shall adopt any rule necessary to make rules previously
adopted under this Section compatible with the rules of the Federal
Communications Commission no later than one year after the effective date of
this amendatory Act of 1993.
(d) A violation of any rule adopted by the Commission under subsection (b)
is a business offense subject to a fine of not less than $1,000 nor more than
$5,000. In addition, the Commission may, after notice and hearing, order any
telecommunications carrier to terminate service to any aggregator found to have
violated any rule.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-902)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-902. Authorization and verification of a subscriber's change in
telecommunications
carrier.
(a) Definitions; scope.
This Section does not apply to retail business subscribers served by
more than 20 lines.
(b) Authorization from the subscriber. "Authorization" means an express,
affirmative
act by a subscriber agreeing to the change in the subscriber's
telecommunications carrier to
another carrier. A subscriber's telecommunications service shall be provided
by the
telecommunications carrier selected by the subscriber.
(c) Authorization and verification of orders for telecommunications service.
The submitting carrier shall maintain and preserve
records of verification of subscriber authorization for a minimum period of 2
years after obtaining such verification.
(d) Letter of agency form and content.
(e) A switch in a subscriber's selection of a provider of telecommunications
service that
complies with the rules promulgated by the Federal Communications Commission
and any
amendments thereto shall be deemed to be in compliance with the provisions of
this Section.
(f) The Commission shall promulgate any rules necessary to administer this
Section.
The rules promulgated under this Section shall comport with the rules, if any,
promulgated by
the Attorney General pursuant to the Consumer Fraud and Deceptive Business
Practices Act
and with any rules promulgated by the Federal Communications Commission.
(g) Complaints may be filed with the Commission under this Section by a
subscriber
whose telecommunications service has been provided by an unauthorized
telecommunications
carrier as a result of an unreasonable delay, by a subscriber whose
telecommunications carrier
has been changed to another telecommunications carrier in a manner not in
compliance with
this Section,
by a subscriber's authorized telecommunications carrier that has been removed
as a
subscriber's telecommunications carrier in a manner not in compliance with this
Section, by
a subscriber's
authorized submitting carrier whose change order was delayed unreasonably, or
by the
Commission on its own motion. Upon filing of the complaint, the parties may
mutually agree
to submit the complaint to the Commission's established mediation process.
Remedies in the
mediation process may include, but shall not be limited to, the remedies set
forth in this
subsection. In its discretion, the Commission may deny the availability of the
mediation
process and submit the complaint to hearings. If the complaint is not
submitted to mediation
or if no agreement is reached during the mediation process, hearings shall be
held on the
complaint. If, after notice and hearing, the Commission finds that a
telecommunications carrier
has violated this Section or a rule promulgated under this Section, the
Commission may in its
discretion do any one or more of the following:
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-903)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-903. Authorization, verification or notification, and dispute
resolution for
covered product and service charges on the telephone bill.
(a) Definitions. As used in this Section:
(b) Applicability of Section. This Section does not apply to:
(c) Requirements for billing authorized charges. A telecommunications
carrier shall
meet all of the following requirements before submitting charges for any
product or service to
be billed on any subscriber's telephone bill:
(d) Verification or notification. Except in subscriber-initiated
transactions with a
certificated telecommunications carrier for which the telecommunications
carrier has the
appropriate documentation, the telecommunications carrier, after obtaining the
subscriber's
authorization in the required manner, shall either verify the authorization or
notify the
subscriber as follows:
(e) Unauthorized charges.
(f) The Commission shall promulgate any rules necessary to ensure that
subscribers are
not billed on the telephone bill for products or services in a manner not in
compliance with this
Section. The rules promulgated under this Section shall comport with the
rules, if any,
promulgated by the Attorney General pursuant to the Consumer Fraud and
Deceptive Business
Practices Act and with any rules promulgated by the Federal Communications
Commission or
Federal Trade Commission.
(g) Complaints may be filed with the Commission under this Section by a
subscriber
who has been billed on the telephone bill for products or services not in
compliance with this
Section or by the Commission on its own motion. Upon filing of the complaint,
the parties
may mutually agree to submit the complaint to the Commission's established
mediation
process. Remedies in the mediation process may include, but shall not be
limited to, the
remedies set forth in paragraphs (1) through (4) of this subsection. In its
discretion, the
Commission may deny the availability of the mediation process and submit the
complaint to
hearings. If the complaint is not submitted to mediation or if no agreement is
reached during
the mediation process, hearings shall be held on the complaint pursuant to
Article X of this
Act. If after notice and hearing, the Commission finds that a
telecommunications carrier has
violated this Section or a rule promulgated under this Section, the Commission
may in its
discretion order any one or more of the following:
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-904)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-904. Continuation of Article; validation.
(a) The General Assembly finds and declares that this amendatory Act of the 100th General Assembly manifests the intention of the General Assembly to extend the repeal of this Article and have this Article continue in effect until December 31, 2020.
(b) This Article shall be deemed to have been in continuous effect since July 1, 2017 and it shall continue to be in effect henceforward until it is otherwise lawfully repealed. All previously enacted amendments to this Article taking effect on or after July 1, 2017, are hereby validated. All actions taken in reliance on or under this Article by the Illinois Commerce Commission or any other person or entity are hereby validated.
(c) In order to ensure the continuing effectiveness of this Article, it is set forth in full and reenacted by this amendatory Act of the 100th General Assembly. Striking and underscoring are used only to show changes being made to the base text. This reenactment is intended as a continuation of this Article. It is not intended to supersede any amendment to this Article that is enacted by the 100th General Assembly.
(Source: P.A. 100-20, eff. 7-1-17.)
(220 ILCS 5/13-1200)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-1200. Repealer. This Article is repealed December 31, 2026.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21.)
Structure Illinois Compiled Statutes
220 ILCS 5/ - Public Utilities Act.
Article II - Illinois Commerce Commission
Article IV - General Powers And Duties Of Commission - Intergovernmental Cooperation - Construction
Article V - Duties Of Public Utilities - Accounts And Reports
Article VII - Intercorporate Relations
Article VIII - Service Obligations And Conditions
Article X - Proceedings Before The Commission And The Courts
Article XIII - Telecommunications
Article XIV - Local Transit Commissions
Article XV - Common Carriers By Pipeline
Article XVI - Electric Service Customer Choice And Rate Relief Law Of 1997
Article XVII - Electric Cooperatives And Municipal Systems
Article XVIII - Electric Utility Transitional Funding Law
Article XIX - Alternative Gas Supplier Law
Article XX - Retail Electric Competition
Article XXI - Cable and Video Competition
Article XXII - Cable and Video Customer Protection Law
Article 70 - Cable and Video Customer Protection Law (Renumbered)