99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3584
 
Introduced , by Rep. Silvana Tabares
 
SYNOPSIS AS INTRODUCED:



220 ILCS 5/22-501

 Amends the Cable and Video Customer Protection Article of the Public Utilities Act. Provides that upon the customer's election, a cable or video provider that rents internet modems to a customer shall cease imposing rental charges after the customer has paid to the provider an amount equal to the cost of the modem provided.



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A BILL FOR
 


HB3584LRB099 09531 JLS 29739 b



1 AN ACT concerning telecommunications.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Public Utilities Act is amended by changing 
5Section 22-501 as follows:

6 (220 ILCS 5/22-501)
7 Sec. 22-501. Customer service and privacy protection. All 
8cable or video providers in this State shall comply with the 
9following customer service requirements and privacy 
10protections. The provisions of this Act shall not apply to an 
11incumbent cable operator prior to January 1, 2008. For purposes 
12of this paragraph, an incumbent cable operator means a person 
13or entity that provided cable services in a particular area 
14under a franchise agreement with a local unit of government 
15pursuant to Section 11-42-11 of the Illinois
Municipal Code or 
16Section 5-1095 of the Counties Code on January 1, 2007.
A 
17master antenna television, satellite master antenna 
18television, direct broadcast satellite, multipoint 
19distribution service, and other provider of video programming 
20shall only be subject to the provisions of this Article to the 
21extent permitted by federal law. 
22 The following definitions apply to the terms used in this 
23Article:
 
 
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1 "Basic cable or video service" means any service offering 
2or tier that
includes the retransmission of local television 
3broadcast signals.
4 "Cable or video provider" means any person or entity 
5providing cable service or video service pursuant to 
6authorization under (i) the Cable and Video Competition Law of 
72007; (ii) Section 11-42-11 of the Illinois Municipal Code; 
8(iii) Section 5-1095 of the Counties Code; or (iv) a master 
9antenna television, satellite master antenna television, 
10direct broadcast satellite, multipoint distribution services, 
11and other providers of video programming, whatever their 
12technology. A cable or video provider shall not include a 
13landlord providing only broadcast video programming to a 
14single-family home or other residential dwelling consisting of 
154
units or less.
16 "Franchise" has the same meaning as found in 47 U.S.C. 
17522(9).
18 "Local unit of government" means a city, village, 
19incorporated town, or a county.
20 "Normal business hours" means those hours during which most 
21similar businesses in the geographic area of the local unit of 
22government are open to serve customers. In all cases, "normal 
23business hours" must include some evening hours at least one 
24night per week or some weekend hours.
25 "Normal operating conditions" means those service 
26conditions that are within the control of cable or video 
 
 
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1providers. Those conditions that are not within the control of 
2cable or video providers include, but are not limited to, 
3natural disasters, civil disturbances, power outages, 
4telephone network outages, and severe or unusual weather 
5conditions. Those conditions that are ordinarily within the 
6control of cable or video providers include, but are not 
7limited to, special promotions, pay-per-view events, rate 
8increases, regular peak or seasonal demand periods, and 
9maintenance or upgrade of the cable service or video service 
10network.
11 "Service interruption" means the loss of picture or sound 
12on one or more cable service or video service on one or more 
13cable or video channels.
14 "Service line drop" means the point of connection between a 
15premises and the cable or video network that enables the 
16premises to receive cable service or video service.
17 (a) General customer service standards:
18  (1) Cable or video providers shall establish general 
19 standards related to customer service, which shall 
20 include, but not be limited to, installation, 
21 disconnection, service and repair obligations; appointment 
22 hours and employee ID requirements; customer service 
23 telephone numbers and hours; procedures for billing, 
24 charges, deposits, refunds, and credits; procedures for 
25 termination of service; notice of deletion of programming 
26 service; changes related to transmission of programming; 
 
 
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1 changes or increases in rates; the use and availability of 
2 parental control or lock-out devices; the use and 
3 availability of an A/B switch if applicable; complaint 
4 procedures and procedures for bill dispute resolution; a 
5 description of the rights and remedies available to 
6 consumers if the cable or video provider does not 
7 materially meet its
customer service standards; and 
8 special services for customers with visual, hearing, or 
9 mobility disabilities.
10  (2) Cable or video providers' rates for each level of 
11 service, rules, regulations, and policies related to its 
12 cable service or video service described in paragraph (1) 
13 of this subsection (a)
must be made available to the public 
14 and displayed clearly and conspicuously on the cable or 
15 video provider's site on the Internet. If a promotional 
16 price or a price for a specified period of time is offered, 
17 the cable or video provider shall display the price at the 
18 end of the promotional period or specified period of time 
19 clearly and conspicuously with the display of the 
20 promotional price or price for a specified period of time. 
21 The cable or video provider shall provide this information 
22 upon request.
23  (3) Cable or video providers shall provide notice 
24 concerning their general customer service standards to all 
25 customers. This notice shall be offered when service is 
26 first activated and upon request thereafter. The 
 
 
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1 information in the notice shall also be available on the 
2 cable or video providers' websites and shall include all of 
3 the information specified in paragraph (1) of this 
4 subsection (a), as well as the following: a listing of 
5 services offered by the cable or video providers, which 
6 shall clearly describe programming for all services and all 
7 levels of service; the rates for all services and levels of 
8 service; a telephone number
through which customers may 
9 subscribe to, change, or terminate service, request 
10 customer service, or seek general or billing information; 
11 instructions on the use of the cable or video services; and 
12 a description of rights and remedies that the cable or 
13 video providers shall make available to their customers if 
14 they do not materially meet the general customer service 
15 standards described in this Act.
16 (b) General customer service obligations:
17  (1) Cable or video providers shall render reasonably 
18 efficient service, promptly make repairs, and interrupt 
19 service only as necessary and for good cause, during 
20 periods of minimum use of the system and for no more than 
21 24 hours.
22  (2) All service representatives or any other person who 
23 contacts customers or potential customers on behalf of the 
24 cable or video provider shall have a visible identification 
25 card with their name and photograph and shall orally 
26 identify themselves upon first contact with the customer. 
 
 
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1 Customer service representatives shall orally identify 
2 themselves to callers immediately following the greeting 
3 during each telephone contact with the public.
4  (3) The cable or video providers shall: (i) maintain a 
5 customer service facility within the boundaries of a local 
6 unit of government staffed by customer service 
7 representatives that have the capacity to accept payment, 
8 adjust bills, and respond to repair, installation, 
9 reconnection, disconnection, or other service calls and 
10 distribute or receive converter boxes, remote control 
11 units, digital stereo units, or other equipment related to 
12 the provision of cable or video service; (ii) provide 
13 customers with bill payment facilities through retail, 
14 financial, or other commercial institutions located within 
15 the boundaries of a local unit of government; (iii) provide 
16 an address, toll-free telephone number or electronic 
17 address to accept bill payments and correspondence and 
18 provide secure collection boxes for the receipt of bill 
19 payments and the return of equipment, provided that if a 
20 cable or video provider provides secure collection boxes, 
21 it shall provide a printed receipt when items are 
22 deposited; or (iv) provide an address, toll-free telephone 
23 number, or electronic address to accept bill payments and 
24 correspondence and provide a method for customers to return 
25 equipment to the cable or video provider at no cost to the 
26 customer.
 
 
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1  (4) In each contact with a customer, the service 
2 representatives or any other person who contacts customers 
3 or potential customers on behalf of the cable or video 
4 provider shall state the estimated cost of the service, 
5 repair, or installation orally prior to delivery of the 
6 service or before any work is performed, shall provide the 
7 customer with an oral statement of the total charges before 
8 terminating the telephone call or other contact in which a 
9 service is ordered, whether in-person or over the Internet, 
10 and shall provide a written statement of the total charges 
11 before leaving the location at which the work was 
12 performed. In the event that the cost of service is a 
13 promotional price or is for a limited period of time, the 
14 cost of service at the end of the promotion or limited 
15 period of time shall be disclosed.
16  (5) Cable or video providers shall provide customers a 
17 minimum of 30 days' written notice before increasing rates 
18 or eliminating transmission of programming and shall 
19 submit the notice of any rate increase to the local unit of 
20 government in advance of distribution to customers, 
21 provided that the cable or video provider is not in 
22 violation of this provision if the elimination of 
23 transmission of programming was outside the control of the 
24 provider, in which case the provider shall use reasonable 
25 efforts to provide as much notice as possible, and any rate 
26 decrease related to the elimination of transmission of 
 
 
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1 programming shall be applied to the date of the change.
2  (6) Cable or video providers shall provide clear visual 
3 and audio reception that meets or exceeds applicable 
4 Federal Communications Commission technical standards. If 
5 a customer experiences poor video or audio reception due to 
6 the equipment of the cable or video provider, the cable or 
7 video provider shall promptly repair the problem at its own 
8 expense.
9 (c) Bills, payment, and termination:
10  (1) Cable or video providers shall render monthly bills 
11 that are clear, accurate, and understandable.
12  (2) Every residential customer who pays bills directly 
13 to the cable or video provider shall have at least 28 days 
14 from the date of the bill to pay the listed charges.
15  (3) Customer payments shall be posted promptly. When 
16 the payment is sent by United States mail, payment is 
17 considered paid on the date it is postmarked.
18  (4) Cable or video providers may not terminate 
19 residential service for nonpayment of a bill unless the 
20 cable or video provider furnishes notice of the delinquency 
21 and impending termination at least 15 days prior to the 
22 proposed termination. Notice of proposed termination shall 
23 be mailed, postage prepaid, to the customer to whom service 
24 is billed. Notice of proposed termination shall not be 
25 mailed until the 24th day after the date of the bill for 
26 services. Notice of delinquency and impending termination 
 
 
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1 may be part of a billing statement only if the notice is 
2 designed to be conspicuous. The cable or video providers 
3 may not assess a late fee prior to the 24th day after the 
4 date of the bill for service.
5  (5) Every notice of impending termination shall 
6 include all of the following: the name and address of 
7 customer; the amount of the delinquency; the date on which 
8 payment is required to avoid termination; and the telephone 
9 number of the cable or video provider's service 
10 representative to make payment arrangements and to provide 
11 additional information about the charges for failure to 
12 return equipment and for reconnection, if any.
13  (6) Service may only be terminated on days when the 
14 customer is able to reach a service representative of the 
15 cable or video providers, either in person or by telephone.
16  (7) Any service terminated by a cable or video provider 
17 without good cause shall be restored without any 
18 reconnection fee, charge, or penalty; good cause for 
19 termination includes, but is not limited to, failure to pay 
20 a bill by the date specified in the notice of impending 
21 termination, payment by check for which there are 
22 insufficient funds, theft of service, abuse of equipment or 
23 personnel, or other similar subscriber actions.
24  (8) Cable or video providers shall cease charging a 
25 customer for any or all services within one
business day 
26 after it receives a request to immediately terminate 
 
 
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1 service or on the day requested by the customer if such a 
2 date is at least 5 days from the date requested by the 
3 customer. Nothing in this subsection (c) shall prohibit the 
4 provider from billing for charges that the customer incurs 
5 prior to the date of termination. Cable or video providers 
6 shall issue a credit no later than the customer's next 
7 billing cycle following the determination that a credit is 
8 warranted. Cable or video providers shall issue a refund or 
9 return a deposit promptly, but not later than either the 
10 customer's next billing cycle following resolution of the 
11 request or 30 days, whichever is earlier, or the return of 
12 equipment, if any, whichever is later.
13  (9) The customers or subscribers of a cable or video 
14 provider shall be allowed to disconnect their service at 
15 any time within the first 30 days after subscribing to or 
16 upgrading the service. Within this 30-day period, cable or 
17 video providers shall not charge or impose any fees or 
18 penalties on the customer for disconnecting service, 
19 including, but not limited to, any installation charge or 
20 the imposition of an early termination charge, except the 
21 cable or video provider may impose a charge or fee to 
22 offset any rebates or credits received by the customer and 
23 may impose monthly service or maintenance charges, 
24 including pay-per-view and premium services charges, 
25 during such 30-day period.
26  (10) Cable or video providers shall cease charging 
 
 
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1 customers for internet modems rented to the customer when 
2 the customer has paid to the provider the cost of the modem 
3 and the customer requests that the rental charges be 
4 discontinued. Cable and video providers shall provide 
5 notice regarding the discontinuance of rental charges to 
6 customers in each billing statement. The notice shall 
7 include a disclosure of rights and responsibilities 
8 relating to the maintenance of the modem.
9 (d) Response to customer inquiries:
10  (1) Cable or video providers will maintain a toll-free 
11 telephone access line that is
available to customers 24 
12 hours a day, 7
days a week to accept calls regarding 
13 installation, termination, service, and complaints. 
14 Trained, knowledgeable, qualified service representatives 
15 of the cable or video providers will be available to 
16 respond to customer telephone inquiries during normal 
17 business hours. Customer service representatives shall be 
18 able to provide credit, waive fees, schedule appointments, 
19 and change billing cycles. Any difficulties that cannot be 
20 resolved by the customer service representatives shall be 
21 referred to a supervisor who shall make his or her best 
22 efforts to resolve the issue immediately. If the supervisor 
23 does not resolve the issue to the customer's satisfaction, 
24 the customer shall be informed of the cable or video 
25 provider's complaint procedures and procedures for billing 
26 dispute resolution and given a description of the rights 
 
 
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1 and remedies available to customers to enforce the terms of 
2 this Article, including the customer's rights to have the 
3 complaint reviewed by the local unit of government, to 
4 request mediation, and to review in a court of competent 
5 jurisdiction.
6  (2) After normal business hours, the access line may be 
7 answered by a service or an automated response system, 
8 including an answering machine. Inquiries received by 
9 telephone or e-mail after normal business hours shall be 
10 responded to by a trained service representative on the 
11 next business day. The cable or video provider shall 
12 respond to a written billing inquiry within 10 days of 
13 receipt of the inquiry.
14  (3) Cable or video providers shall provide customers 
15 seeking non-standard installations with a total 
16 installation cost estimate and an estimated date of 
17 completion. The actual charge to the customer shall not 
18 exceed the estimated cost without the written consent of 
19 the customer.
20  (4) If the cable or video provider receives notice that 
21 an unsafe condition exists with respect to its equipment, 
22 it shall investigate such condition immediately and shall 
23 take such measures as are necessary to remove or eliminate 
24 the unsafe condition. The cable or video provider shall 
25 inform the local unit of government promptly, but no later 
26 than 2 hours after it receives notification of an unsafe 
 
 
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1 condition that it has not remedied.
2  (5) Under normal operating conditions, telephone 
3 answer time by the cable or video provider's customer 
4 representative, including wait time, shall not exceed 30 
5 seconds when the connection is made. If the call needs to 
6 be transferred, transfer time shall not exceed 30 seconds. 
7 These standards shall be met no less than 90% of the time 
8 under normal operating conditions, measured on a quarterly 
9 basis. The cable or video provider shall not be required to 
10 acquire equipment or perform surveys to measure compliance 
11 with these telephone answering standards unless an 
12 historical record of complaints indicates a clear failure 
13 to comply. 
14  (6) Under normal operating conditions, the cable or 
15 video provider's customers will receive a busy signal less 
16 than 3% of the time.
17 (e) Under normal operating conditions, each of the 
18following standards related to installations, outages, and 
19service calls will be met no less than 95% of the time measured 
20on a quarterly basis:
21  (1) Standard installations will be performed within 7 
22 business days after an order has been placed. "Standard" 
23 installations are those that are located up to 125 feet 
24 from the existing distribution system.
25  (2) Excluding conditions beyond the control of the 
26 cable or video providers, the cable or video providers will 
 
 
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1 begin working on "service interruptions" promptly and in no 
2 event later than 24 hours after the interruption is 
3 reported by the customer or otherwise becomes known to the 
4 cable or video providers. Cable or video providers must 
5 begin actions to correct other service problems the next 
6 business day after notification of the service problem and 
7 correct the problem.
8  (3) The "appointment window" alternatives for 
9 installations, service calls, and other installation 
10 activities will be either a specific time or, at a maximum, 
11 a 4-hour
time block during evening, weekend, and normal 
12 business hours. The cable or video provider may schedule 
13 service calls and other installation activities outside of 
14 these hours for the express convenience of the customer.
15  (4) Cable or video providers may not cancel an 
16 appointment with a customer after the close of business on 
17 the business day prior to the scheduled appointment. If the 
18 cable or video provider's representative is running late 
19 for an appointment with a customer and will not be able to 
20 keep the appointment as scheduled, the customer will be 
21 contacted. The appointment will be rescheduled, as 
22 necessary, at a time that
is convenient for the customer, 
23 even if the rescheduled appointment is not within normal 
24 business hours.
25 (f) Public benefit obligation:
26  (1) All cable or video providers offering service 
 
 
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1 pursuant to the Cable and Video Competition Law of 2007, 
2 the Illinois Municipal Code, or the Counties Code shall 
3 provide a free service line drop and free basic service to 
4 all current and future public buildings within their 
5 footprint, including, but not limited to, all local unit of 
6 government buildings, public libraries, and public primary 
7 and secondary schools, whether owned or leased by that 
8 local unit of government ("eligible buildings"). Such 
9 service shall be used in a manner consistent with the 
10 government purpose for the eligible building and shall not 
11 be resold.
12  (2) This obligation only applies to those cable or 
13 video service providers whose cable service or video 
14 service systems pass eligible buildings and its cable or 
15 video service is generally available to residential 
16 subscribers in the same local unit of government in which 
17 the eligible building is located. The burden of providing 
18 such service at each eligible building shall be shared by 
19 all cable and video providers whose systems pass the 
20 eligible buildings in an equitable and competitively 
21 neutral manner, and nothing herein shall require 
22 duplicative installations by more than one cable or video 
23 provider at each eligible building. Cable or video 
24 providers operating in a local unit of government shall 
25 meet as necessary and determine who will provide service to 
26 eligible buildings under this subsection (f). If the cable 
 
 
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1 or video providers are unable to reach an agreement, they 
2 shall meet with the local unit of government, which shall 
3 determine which cable or video providers will serve each 
4 eligible building. The local unit of government shall bear 
5 the costs of any inside wiring or video equipment costs not 
6 ordinarily provided as part of the cable or video 
7 provider's basic offering.
8 (g) After the cable or video providers have offered service 
9for one year, the cable or video providers shall make an annual 
10report to the Commission, to the local unit of government, and 
11to the Attorney General that it is meeting the standards 
12specified in this Article, identifying the number of complaints 
13it received over the prior year in the State and specifying the 
14number of complaints related to each of the following: (1) 
15billing, charges, refunds, and credits; (2) installation or 
16termination of service; (3) quality of service and repair; (4) 
17programming; and (5) miscellaneous complaints that do not fall 
18within these categories.
19 (h) To the extent consistent with federal law, cable or 
20video providers shall offer the lowest-cost basic cable or 
21video service as a stand-alone service to residential customers 
22at reasonable rates. Cable or video providers shall not require 
23the subscription to any service other than the lowest-cost 
24basic service or to any telecommunications or information 
25service, as a condition of access to cable or video service, 
26including programming offered on a per channel or per program 
 
 
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1basis. Cable or video providers shall not discriminate between 
2subscribers to the lowest-cost basic service, subscribers to 
3other cable services or video services, and other subscribers 
4with regard to the rates charged for cable or video programming 
5offered on a per channel or per program basis.
6 (i) To the extent consistent with federal law, cable or 
7video providers shall ensure that charges for changes in the 
8subscriber's selection of services or equipment shall be based 
9on the cost of such change and shall not exceed nominal amounts 
10when the system's configuration permits changes in service tier 
11selection to be effected solely by coded entry on a computer 
12terminal or by other similarly simple method.
13 (j) To the extent consistent with federal law, cable or 
14video providers shall have a rate structure for the provision 
15of cable or video service that is uniform throughout the area 
16within the boundaries of the local unit of government. This 
17subsection (j) is not intended to prohibit bulk discounts to 
18multiple dwelling units or to prohibit reasonable discounts to 
19senior citizens or other economically disadvantaged groups.
20 (k) To the extent consistent with federal law, cable or 
21video providers shall not charge a subscriber for any service 
22or equipment that the subscriber has not affirmatively 
23requested or affirmatively agreed to by name. For purposes of 
24this subsection (k), a subscriber's failure to refuse a cable 
25or video provider's proposal to provide service or equipment 
26shall not be deemed to be an affirmative request for such 
 
 
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1service or equipment.
2 (l) No contract or service agreement containing an early 
3termination clause offering residential cable or video 
4services or any bundle including such services shall be for a 
5term longer than 2 years. Any contract or service offering with 
6a term of service that contains an early termination fee shall 
7limit the early termination fee to not more than the value of 
8any additional goods or services provided with the cable or 
9video services, the amount of the discount reflected in the 
10price for cable services or video services for the period 
11during which the consumer benefited from the discount, or a 
12declining fee based on the remainder of the contract term.
13 (m) Cable or video providers shall not discriminate in the 
14provision of services for the hearing and visually impaired, 
15and shall comply with the accessibility requirements of 47 
16U.S.C. 613. Cable or video providers shall deliver and pick-up 
17or provide customers with pre-paid shipping and packaging for 
18the return of converters and other necessary equipment at the 
19home of customers with disabilities. Cable or video providers 
20shall provide free use of a converter or remote control unit to 
21mobility impaired customers.
22 (n)(1) To the extent consistent with federal law, cable or 
23video providers shall comply with the provisions of 47 U.S.C. 
24532(h) and (j). The cable or video providers shall not exercise 
25any editorial control over any video programming provided 
26pursuant to this Section, or in any other way consider the 
 
 
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1content of such programming, except that a cable or video 
2provider may refuse to transmit any leased access program or 
3portion of a leased access program that
contains obscenity, 
4indecency, or nudity and may consider such content to the 
5minimum extent necessary to establish a reasonable price for 
6the commercial use of designated channel capacity by an 
7unaffiliated person. This subsection (n) shall permit cable or 
8video providers to enforce prospectively a written and 
9published policy of prohibiting programming that the cable or 
10video provider reasonably believes describes or depicts sexual 
11or excretory activities or organs in a patently offensive 
12manner as measured by contemporary community standards.
13  (2) Upon customer request, the cable or video provider 
14 shall, without charge, fully scramble or otherwise fully 
15 block the audio and video programming of each channel 
16 carrying such programming so that a person who is not a 
17 subscriber does not receive the channel or programming.
18  (3) In providing sexually explicit adult programming 
19 or other programming that is indecent on any channel of its 
20 service primarily dedicated to sexually oriented 
21 programming, the cable or video provider shall fully 
22 scramble or otherwise fully block the video and audio 
23 portion of such channel so that a person who is
not a 
24 subscriber to such channel or programming does not receive 
25 it.
26  (4) Scramble means to rearrange the content of the 
 
 
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1 signal of the programming so that the programming cannot be 
2 viewed or heard in an understandable manner.
3 (o) Cable or video providers will maintain a listing, 
4specific to the level of street address, of the areas where its 
5cable or video services are available. Customers who inquire 
6about purchasing cable or video service shall be informed about 
7whether the cable or video provider's cable or video services 
8are currently available to them at their specific location.
9 (p) Cable or video providers shall not disclose the name, 
10address, telephone number or other personally identifying 
11information of a cable service or video service customer to be 
12used in mailing lists or to be used for other commercial 
13purposes not reasonably related to the conduct of its business 
14unless the cable or video provider has provided to the customer 
15a notice, separately or included in any other customer service 
16notice, that clearly and conspicuously describes the 
17customer's ability to prohibit the disclosure. Cable or video 
18providers shall provide an address and telephone number for a 
19customer to use without a toll charge to prevent disclosure of 
20the customer's name and address in mailing lists or for other 
21commercial purposes not reasonably related to the conduct of 
22its business to other businesses or affiliates of the cable or 
23video provider. Cable or video providers shall comply with the 
24consumer privacy requirements of Section 26-4.5 of the Criminal 
25Code of 2012, the Restricted Call Registry Act, and 47 U.S.C. 
26551 that are in effect as of June 30, 2007 (the effective date 
 
 
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1of Public Act 95-9)
and as amended thereafter.
2 (q) Cable or video providers shall implement an informal 
3process for handling inquiries from local units of government 
4and customers concerning billing issues, service issues, 
5privacy concerns, and other consumer complaints. In the event 
6that an issue is not resolved through this informal process, a 
7local unit of government or the customer may request nonbinding 
8mediation with the cable or video provider, with each party to 
9bear its own costs of such mediation. Selection of the mediator 
10will be by mutual agreement, and preference will be given to 
11mediation services that do not charge the consumer for their 
12services. In the event that the informal process does not 
13produce a satisfactory result to the customer or the local unit 
14of government, enforcement may be pursued as provided in 
15subdivision (4) of subsection (r) of this Section.
16 (r) The Attorney General and the local unit of government 
17may enforce all of the customer service and privacy protection 
18standards of this Section with respect to complaints received 
19from residents within the local unit of government's 
20jurisdiction, but it may not adopt or seek to enforce any 
21additional or different customer service or performance 
22standards under any other authority or provision of law.
23  (1) The local unit of government may, by ordinance, 
24 provide a schedule of penalties for any material breach of 
25 this Section by cable or video providers in addition to the 
26 penalties provided herein. No monetary penalties shall be 
 
 
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1 assessed for a material breach if it is out of the 
2 reasonable control of the cable or video providers or its 
3 affiliate. Monetary penalties adopted in an ordinance 
4 pursuant to this Section shall apply on a competitively 
5 neutral basis to all providers of cable service or video 
6 service within the local unit of government's 
7 jurisdiction. In
no event shall the penalties imposed under 
8 this subsection (r) exceed $750 for each day of the 
9 material breach, and these penalties shall not exceed 
10 $25,000 for each occurrence of a material breach per 
11 customer.
12  (2) For purposes of this Section, "material breach" 
13 means any substantial
failure of a cable or video service 
14 provider to comply with service quality and other standards 
15 specified in any provision of this Act. The Attorney 
16 General or the local unit of government shall give the 
17 cable or video provider written notice of any alleged 
18 material breaches of this Act and allow such provider at 
19 least 30 days from receipt of the notice to remedy the 
20 specified material breach.
21  (3) A material breach, for the purposes of assessing 
22 penalties, shall be deemed to have occurred for each day 
23 that a material breach has not been remedied by the cable 
24 service or video service provider after the expiration of 
25 the period specified in subdivision (2) of this subsection 
26 (r)
in each local unit of government's jurisdiction, 
 
 
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1 irrespective of the number of customers affected.
2  (4) Any customer, the Attorney General, or a local unit 
3 of government may pursue alleged violations of this Act by 
4 the cable or video provider in a court of competent 
5 jurisdiction. A cable or video provider may seek judicial 
6 review of a decision of a local unit of government imposing 
7 penalties in a court of competent jurisdiction. No local 
8 unit of government shall be subject to suit for damages or 
9 other relief based upon its action in connection with its 
10 enforcement or review of any of the terms, conditions, and 
11 rights contained in this Act except a court may require the 
12 return of any penalty it finds was not properly assessed or 
13 imposed.
14 (s) Cable or video providers shall credit customers for 
15violations in the amounts stated herein. The credits shall be 
16applied on the statement issued to the customer for the next 
17monthly billing cycle following the violation or following the 
18discovery of the violation. Cable or video providers are 
19responsible for providing the credits described herein and the 
20customer is under no obligation to request the credit. If the 
21customer is no longer taking service from the cable or video 
22provider, the credit amount will be refunded to the customer by 
23check within 30 days of the termination of service. A local 
24unit of government may, by ordinance, adopt a schedule of 
25credits payable directly to customers for breach of the 
26customer service standards and obligations contained in this 
 
 
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1Article, provided the schedule of customer credits applies on a 
2competitively neutral basis to all providers of cable service 
3or video service in the local unit of government's jurisdiction 
4and the credits are not greater than the credits provided in 
5this Section.
6  (1) Failure to keep an appointment or to notify the 
7 customer prior to the close of business on the business day 
8 prior to the scheduled appointment: $25.00.
9  (2) Violation of customer service and billing 
10 standards in subsections (c) and (d) of this Section: 
11 $25.00 per occurrence.
12  (3) Violation of the bundling rules in subsection
(h) 
13 of this Section: $25.00 per month.
14 (t) The enforcement powers granted to the Attorney General 
15in Article XXI of this
Act shall apply to this Article, except 
16that the Attorney General may not seek penalties for violation 
17of this Article
other than in the amounts specified herein. 
18Nothing in this Section shall limit or affect the powers of the 
19Attorney General to enforce the provisions of Article XXI
of 
20this
Act or the Consumer Fraud and Deceptive Business Practices 
21Act.
22 (u) This Article
applies to all cable and video providers 
23in the State, including but not limited to those operating 
24under a local franchise as that term is used in 47 U.S.C. 
25522(9), those operating under authorization pursuant to 
26Section 11-42-11 of the Illinois Municipal Code, those 
 
 
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1operating under authorization pursuant to Section 5-1095 of the 
2Counties Code, and those operating under a State-issued 
3authorization pursuant to Article XXI of this
Act.

4(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 
598-45, eff. 6-28-13.)