Rep. Brandon W. Phelps
Filed: 5/29/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1839




2 AMENDMENT NO. ______. Amend Senate Bill 1839 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Emergency Telephone System Act is amended 
5by changing Sections 15.3, 15.3a, and 99 as follows:




6 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)

7 (Section scheduled to be repealed on July 1, 2017)

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

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

14 service provisioned trunk line is capable of transporting 
15 at least 2 but fewer than 23
simultaneous VGC's per trunk 
16 line, the telecommunications carrier collecting the 
17 surcharge
may elect to impose surcharges in accordance with 
18 the table provided in this Section, without limiting
any 
19 telecommunications carrier's obligations to otherwise keep 
20 and maintain records. Any
telecommunications carrier 
21 electing to impose fewer than 12 surcharges per an advanced

22 service provisioned trunk line shall keep and maintain 
23 records adequately to demonstrate the
VGC capability of 
24 each advanced service provisioned trunk line with fewer 
25 than 12
surcharges imposed, provided that 12 surcharges 
26 shall be imposed on an advanced service
provisioned trunk 
 
 
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1 line regardless of the VGC capability where a 
2 telecommunications carrier
cannot demonstrate the VGC 
3 capability of the advanced service provisioned trunk line.


4Facility VGC's 911 Surcharges 
5Advanced service provisioned trunk line 18-23 12 
6Advanced service provisioned trunk line 12-17 10 
7Advanced service provisioned trunk line 2-11 8 


8 Subsections (i), (ii), (iii), and (iv) are not intended to 
9make any change in the meaning of this Section, but are 
10intended to remove possible ambiguity, thereby confirming the 
11intent of paragraph (a) as it existed prior to and following 
12the effective date of this amendatory Act of the 97th General 
13Assembly. 
14 For mobile telecommunications services, if a surcharge is 
15imposed it shall be
imposed based upon the municipality or 
16county that encompasses the customer's
place of primary use as 
17defined in the Mobile Telecommunications Sourcing
Conformity 
18Act. A municipality may enter into an intergovernmental

19agreement with any county in which it is partially located, 
20when the county
has adopted an ordinance to impose a surcharge 
21as provided in subsection
(c), to include that portion of the 
22municipality lying outside the county
in that county's 
23surcharge referendum. If the county's surcharge
referendum is 
24approved, the portion of the municipality identified in the

 
 
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1intergovernmental agreement shall automatically be 
2disconnected from the
county in which it lies and connected to 
3the county which approved the
referendum for purposes of a 
4surcharge on telecommunications carriers.

5 (b) For purposes of computing the surcharge imposed by 
6subsection (a),
the network connections to which the surcharge 
7shall apply shall be those
in-service network connections, 
8other than those network connections
assigned to the 
9municipality or county, where the service address for each
such 
10network connection or connections is located within the 
11corporate
limits of the municipality or county levying the 
12surcharge. Except for mobile
telecommunication services, the 
13"service address" shall mean the location of
the primary use of 
14the network connection or connections. For mobile

15telecommunication services, "service address" means the 
16customer's place of
primary use as defined in the Mobile 
17Telecommunications Sourcing Conformity
Act.

18 (c) Upon the passage of an ordinance to impose a surcharge 
19under this
Section the clerk of the municipality or county 
20shall certify the question
of whether the surcharge may be 
21imposed to the proper election authority
who shall submit the 
22public question to the electors of the municipality or
county 
23in accordance with the general election law; provided that such

24question shall not be submitted at a consolidated primary 
25election. The
public question shall be in substantially the 
26following form:

 
 
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1-------------------------------------------------------------

2 Shall the county (or city, village

3or incorporated town) of ..... impose YES

4a surcharge of up to ...¢ per month per

5network connection, which surcharge will

6be added to the monthly bill you receive ------------------

7for telephone or telecommunications

8charges, for the purpose of installing

9(or improving) a 9-1-1 Emergency NO

10Telephone System?

11-------------------------------------------------------------

12 If a majority of the votes cast upon the public question 
13are in favor
thereof, the surcharge shall be imposed.

14 However, if a Joint Emergency Telephone System Board is to 
15be created
pursuant to an intergovernmental agreement under 
16Section 15.4, the
ordinance to impose the surcharge shall be 
17subject to the approval of a
majority of the total number of 
18votes cast upon the public question by the
electors of all of 
19the municipalities or counties, or combination thereof,
that 
20are parties to the intergovernmental agreement.

21 The referendum requirement of this subsection (c) shall not 
22apply
to any municipality with a population over 500,000 or to 
23any
county in which a proposition as to whether a sophisticated 
249-1-1 Emergency
Telephone System should be installed in the 
25county, at a cost not to
exceed a specified monthly amount per 
26network connection, has previously
been approved by a majority 
 
 
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1of the electors of the county voting on the
proposition at an 
2election conducted before the effective date of this
amendatory 
3Act of 1987.

4 (d) A county may not impose a surcharge, unless requested 
5by a
municipality, in any incorporated area which has 
6previously approved a
surcharge as provided in subsection (c) 
7or in any incorporated area where
the corporate authorities of 
8the municipality have previously entered into
a binding 
9contract or letter of intent with a telecommunications carrier 
10to
provide sophisticated 9-1-1 service through municipal 
11funds.

12 (e) A municipality or county may at any time by ordinance 
13change the
rate of the surcharge imposed under this Section if 
14the new rate does not
exceed the rate specified in the 
15referendum held pursuant to subsection (c).

16 (f) The surcharge authorized by this Section shall be 
17collected from
the subscriber by the telecommunications 
18carrier providing the subscriber
the network connection as a 
19separately stated item on the subscriber's bill.

20 (g) The amount of surcharge collected by the 
21telecommunications carrier
shall be paid to the particular 
22municipality or county or Joint Emergency
Telephone System 
23Board not later than 30 days after the surcharge is
collected, 
24net of any network or other 9-1-1 or sophisticated 9-1-1 system

25charges then due the particular telecommunications carrier, as 
26shown on an
itemized bill. The telecommunications carrier 
 
 
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1collecting the surcharge
shall also be entitled to deduct 3% of 
2the gross amount of surcharge
collected to reimburse the 
3telecommunications carrier for the expense of
accounting and 
4collecting the surcharge.

5 (h) Except as expressly provided in subsection (a) of this 
6Section, on or after the effective date of this amendatory Act 
7of the 98th General Assembly and until July 1, 2017, a 
8municipality with a population of 500,000 or more shall not 
9impose a monthly surcharge per network connection in excess of 
10the highest monthly surcharge imposed as of December 31, 2020 
11January 1, 2014 by any county or municipality under subsection 
12(c) of this Section. On or after December 31, 2020 July 1, 
132017, a
municipality with a population over 500,000 may not 
14impose a
monthly surcharge in excess of $2.50
per network 
15connection.

16 (i) Any municipality or county or joint emergency telephone 
17system
board that has imposed a surcharge pursuant to this 
18Section prior to the
effective date of this amendatory Act of 
191990 shall hereafter impose the
surcharge in accordance with 
20subsection (b) of this Section.

21 (j) The corporate authorities of any municipality or county 
22may issue,
in accordance with Illinois law, bonds, notes or 
23other obligations secured
in whole or in part by the proceeds 
24of the surcharge described in this
Section.
The State of 
25Illinois pledges and agrees that it will not limit or alter
the 
26rights and powers vested in municipalities and counties by this 
 
 
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1Section
to impose the surcharge so as to impair the terms of or 
2affect the
security for bonds, notes or other obligations 
3secured in whole or in part
with the proceeds of the surcharge 
4described in this Section. The pledge and agreement set forth 
5in this Section survive the termination of the surcharge under 
6subsection (l) by virtue of the replacement of the surcharge 
7monies guaranteed under Section 20; the State of Illinois 
8pledges and agrees that it will not limit or alter the rights 
9vested in municipalities and counties to the surcharge 
10replacement funds guaranteed under Section 20 so as to impair 
11the terms of or affect the security for bonds, notes or other 
12obligations secured in whole or in part with the proceeds of 
13the surcharge described in this Section. 

14 (k) Any surcharge collected by or imposed on a 
15telecommunications
carrier pursuant to this Section shall be 
16held to be a special fund in
trust for the municipality, county 
17or Joint Emergency Telephone Board
imposing the surcharge. 
18Except for the 3% deduction provided in subsection
(g) above, 
19the special fund shall not be subject to the claims of

20creditors of the telecommunication carrier.

21 (l) On and after the effective date of this amendatory Act 
22of the 99th General Assembly, no county or municipality, other 
23than a municipality with a population over 500,000, may impose 
24a monthly surcharge under this Section in excess of the amount 
25imposed by it on the effective date of this Act. Any surcharge 
26imposed pursuant to this Section by a county or municipality, 
 
 
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1other than a municipality with a population in excess of 
2500,000, shall cease to be imposed on January 1, 2016. 
3(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)


4 (50 ILCS 750/15.3a)
5 (Section scheduled to be repealed on July 1, 2017)
6 Sec. 15.3a. Local wireless surcharge.
7 (a) Notwithstanding any other provision of this Act, a unit 
8of local government or emergency telephone system board 
9providing wireless 9-1-1 service and imposing and collecting a 
10wireless carrier surcharge prior to July 1, 1998 may continue 
11its practices of imposing and collecting its wireless carrier 
12surcharge, but, except as provided in subsection (b) of this 
13Section, in no event shall that monthly surcharge exceed $2.50 
14per commercial mobile radio service (CMRS) connection or 
15in-service telephone number billed on a monthly basis. For 
16mobile telecommunications services provided on and after 
17August 1, 2002, any surcharge imposed shall be imposed based 
18upon the municipality or county that encompasses the customer's 
19place of primary use as defined in the Mobile 
20Telecommunications Sourcing Conformity Act. 
21 (b) Until December 31, 2020 July 1, 2017, the corporate 
22authorities of a municipality with a population in excess of 
23500,000 on the effective date of this amendatory Act of the 
2499th General Assembly may by ordinance continue to impose and 
25collect a monthly surcharge per commercial mobile radio service 
 
 
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1(CMRS) connection or in-service telephone number billed on a 
2monthly basis that does not exceed the highest monthly 
3surcharge imposed as of January 1, 2014 by any county or 
4municipality under subsection (c) of Section 15.3 of this Act. 
5On or after December 31, 2020 July 1, 2017, the municipality 
6may continue imposing and collecting its wireless carrier 
7surcharge as provided in and subject to the limitations of 
8subsection (a) of this Section. 
9 (c) In addition to any other lawful purpose, a municipality 
10with a population over 500,000 may use the moneys collected 
11under this Section for any anti-terrorism or emergency 
12preparedness measures, including, but not limited to, 
13preparedness planning, providing local matching funds for 
14federal or State grants, personnel training, and specialized 
15equipment, including surveillance cameras, as needed to deal 
16with natural and terrorist-inspired emergency situations or 
17events. 

18(Source: P.A. 99-6, eff. 1-1-16.)

19 (50 ILCS 750/99)
20 (Section scheduled to be repealed on July 1, 2017)
21 Sec. 99. Repealer. This Act is repealed on December 31, 
222020 July 1, 2017.

23(Source: P.A. 99-6, eff. 6-29-15.)

24 Section 15. The Prepaid Wireless 9-1-1 Surcharge Act is 
 
 
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1amended by changing Section 15 as follows:

2 (50 ILCS 753/15)

3 Sec. 15. Prepaid wireless 9-1-1 surcharge. 
4 (a) Until September 30, 2015, there is hereby imposed on 
5consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail 
6transaction. Beginning October 1, 2015, the prepaid wireless 
79-1-1 surcharge shall be 3% per retail transaction.
The 
8surcharge authorized by this subsection (a) does not apply in a 
9home rule municipality having a population in excess of 
10500,000.
11 (a-5) On or after the effective date of this amendatory Act 
12of the 98th General Assembly and until December 31, 2020 July 
131, 2017, a home rule municipality having a population in excess 
14of 500,000 on the effective date of this amendatory Act may 
15impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per 
16retail transaction sourced to that jurisdiction and collected 
17and remitted in accordance with the provisions of subsection 
18(b-5) of this Section. On or after December 31, 2020 July 1, 
192017, a home rule municipality having a population in excess of 
20500,000 on the effective date of this Act may only impose a 
21prepaid wireless 9-1-1 surcharge not to exceed 7% per retail 
22transaction sourced to that jurisdiction and collected and 
23remitted in accordance with the provisions of subsection (b-5). 
24 (b) The prepaid wireless 9-1-1 surcharge shall be collected 
25by the seller from the consumer with respect to each retail 
 
 
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1transaction occurring in this State and shall be remitted to 
2the Department by the seller as provided in this Act. The 
3amount of the prepaid wireless 9-1-1 surcharge shall be 
4separately stated as a distinct item apart from the charge for 
5the prepaid wireless telecommunications service on an invoice, 
6receipt, or other similar document that is provided to the 
7consumer by the seller or shall be otherwise disclosed to the 
8consumer.
If the seller does not separately state the surcharge 
9as a distinct item to the consumer as provided in this Section, 
10then the seller shall maintain books and records as required by 
11this Act which clearly identify the amount of the 9-1-1 
12surcharge for retail transactions.
13 For purposes of this subsection (b), a retail transaction 
14occurs in this State if (i) the retail transaction is made in 
15person by a consumer at the seller's business location and the 
16business is located within the State; (ii) the seller is a 
17provider and sells prepaid wireless telecommunications service 
18to a consumer located in Illinois; (iii) the retail transaction 
19is treated as occurring in this State for purposes of the 
20Retailers' Occupation Tax Act; or (iv) a seller that is 
21included within the definition of a "retailer maintaining a 
22place of business in this State" under Section 2 of the Use Tax 
23Act makes a sale of prepaid wireless telecommunications service 
24to a consumer located in Illinois. In the case of a retail 
25transaction which does not occur in person at a seller's 
26business location, if a consumer uses a credit card to purchase 
 
 
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1prepaid wireless telecommunications service on-line or over 
2the telephone, and no product is shipped to the consumer, the 
3transaction occurs in this State if the billing address for the 
4consumer's credit card is in this State.
5 (b-5) The prepaid wireless 9-1-1 surcharge imposed under 
6subsection (a-5) of this Section shall be collected by the 
7seller from the consumer with respect to each retail 
8transaction occurring in the municipality imposing the 
9surcharge. The amount of the prepaid wireless 9-1-1 surcharge 
10shall be separately stated on an invoice, receipt, or other 
11similar document that is provided to the consumer by the seller 
12or shall be otherwise disclosed to the consumer. If the seller 
13does not separately state the surcharge as a distinct item to 
14the consumer as provided in this Section, then the seller shall 
15maintain books and records as required by this Act which 
16clearly identify the amount of the 9-1-1 surcharge for retail 
17transactions.
18 For purposes of this subsection (b-5), a retail transaction 
19occurs in the municipality if (i) the retail transaction is 
20made in person by a consumer at the seller's business location 
21and the business is located within the municipality; (ii) the 
22seller is a provider and sells prepaid wireless 
23telecommunications service to a consumer located in the 
24municipality; (iii) the retail transaction is treated as 
25occurring in the municipality for purposes of the Retailers' 
26Occupation Tax Act; or (iv) a seller that is included within 
 
 
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1the definition of a "retailer maintaining a place of business 
2in this State" under Section 2 of the Use Tax Act makes a sale 
3of prepaid wireless telecommunications service to a consumer 
4located in the municipality. In the case of a retail 
5transaction which does not occur in person at a seller's 
6business location, if a consumer uses a credit card to purchase 
7prepaid wireless telecommunications service on-line or over 
8the telephone, and no product is shipped to the consumer, the 
9transaction occurs in the municipality if the billing address 
10for the consumer's credit card is in the municipality.
11 (c) The prepaid wireless 9-1-1 surcharge is imposed on the 
12consumer and not on any provider. The seller shall be liable to 
13remit all prepaid wireless 9-1-1 surcharges that the seller 
14collects from consumers as provided in Section 20, including 
15all such surcharges that the seller is deemed to collect where 
16the amount of the surcharge has not been separately stated on 
17an invoice, receipt, or other similar document provided to the 
18consumer by the seller.
The surcharge collected or deemed 
19collected by a seller shall constitute a debt owed by the 
20seller to this State, and any such surcharge actually collected 
21shall be held in trust for the benefit of the Department.
22 For purposes of this subsection (c), the surcharge shall 
23not be imposed or collected from entities that have an active 
24tax exemption identification number issued by the Department 
25under Section 1g of the Retailers' Occupation Tax Act.
26 (d) The amount of the prepaid wireless 9-1-1 surcharge that 
 
 
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1is collected by a seller from a consumer, if such amount is 
2separately stated on an invoice, receipt, or other similar 
3document provided to the consumer by the seller, shall not be 
4included in the base for measuring any tax, fee, surcharge, or 
5other charge that is imposed by this State, any political 
6subdivision of this State, or any intergovernmental agency.

7 (e) (Blank).

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

10 (g) The prepaid wireless 9-1-1 surcharge imposed under 
11subsections (a) and (a-5) of this Section is not imposed on the 
12provider or the consumer for wireless Lifeline service where 
13the consumer does not pay the provider for the service. Where 
14the consumer purchases from the provider optional minutes, 
15texts, or other services in addition to the federally funded 
16Lifeline benefit, a consumer must pay the prepaid wireless 
179-1-1 surcharge, and it must be collected by the seller 
18according to subsection (b-5). 
19(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)

20 Section 20. The Public Utilities Act is amended by changing 
21Sections 13-506.2, 13-1200, 21-1601, 21-401, and 21-1601 as 
22follows:

23 (220 ILCS 5/13-506.2)
24 (Section scheduled to be repealed on July 1, 2017)
 
 
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1 Sec. 13-506.2. Market regulation for competitive retail 
2services.
3 (a) Definitions. As used in this Section:
4  (1) "Electing Provider" means a telecommunications 
5 carrier that is subject to either rate regulation pursuant 
6 to Section 13-504 or Section 13-505 or alternative 
7 regulation pursuant to Section 13-506.1 and that elects to 
8 have the rates, terms, and conditions of its competitive 
9 retail telecommunications services solely determined and 
10 regulated pursuant to the terms of this Article.
11  (2) "Basic local exchange service" means either a 
12 stand-alone residence network access line and per-call 
13 usage or, for any geographic area in which such stand-alone 
14 service is not offered, a stand-alone flat rate residence 
15 network access line for which local calls are not charged 
16 for frequency or duration. Extended Area Service shall be 
17 included in basic local exchange service.
18  (3) "Existing customer" means a residential customer 
19 who was subscribing to one of the optional packages 
20 described in subsection (d) of this Section as of the 
21 effective date of this amendatory Act of the 99th General 
22 Assembly. A customer who was subscribing to one of the 
23 optional packages on that date but stops subscribing 
24 thereafter shall not be considered an "existing customer" 
25 as of the date the customer stopped subscribing to the 
26 optional package, unless the stoppage is temporary and 
 
 
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1 caused by the customer changing service address locations, 
2 or unless the customer resumes subscribing and is eligible 
3 to receive discounts on monthly telephone service under the 
4 federal Lifeline program, 47 C.F.R. Part 54, Subpart E. 
5  (4) "New customer" means a residential customer who was 
6 not subscribing to one of the optional packages described 
7 in subsection (d) of this Section as of the effective date 
8 of this amendatory Act of the 99th General Assembly and who 
9 is eligible to receive discounts on monthly telephone 
10 service under the federal Lifeline program, 47 C.F.R. Part 
11 54, Subpart E. 
12 (b) Election for market regulation.
Notwithstanding any 
13other provision of this Act, an Electing Provider may elect to 
14have the rates, terms, and conditions of its competitive retail 
15telecommunications services solely determined and regulated 
16pursuant to the terms of this Section by filing written notice 
17of its election for market regulation with the Commission. The 
18notice of election shall designate the geographic area of the 
19Electing Provider's service territory where the market 
20regulation shall apply, either on a state-wide basis or in one 
21or more specified Market Service Areas ("MSA") or Exchange 
22areas. An Electing Provider shall not make an election for 
23market regulation under this Section unless it commits in its 
24written notice of election for market regulation to fulfill the 
25conditions and requirements in this Section in each geographic 
26area in which market regulation is elected. Immediately upon 
 
 
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1filing the notice of election for market regulation, the 
2Electing Provider shall be subject to the jurisdiction of the 
3Commission to the extent expressly provided in this Section.
4 (c) Competitive classification. Market regulation shall be 
5available for competitive retail telecommunications services 
6as provided in this subsection.
7  (1) For geographic areas in which telecommunications 
8 services provided by the Electing Provider were classified 
9 as competitive either through legislative action or a 
10 tariff filing pursuant to Section 13-502 prior to January 
11 1, 2010, and that are included in the Electing Provider's 
12 notice of election pursuant to subsection (b) of this 
13 Section, such services, and all recurring and nonrecurring 
14 charges associated with, related to or used in connection 
15 with such services, shall be classified as competitive 
16 without further Commission review. For services classified 
17 as competitive pursuant to this subsection, the 
18 requirements or conditions in any order or decision 
19 rendered by the Commission pursuant to Section 13-502 prior 
20 to the effective date of this amendatory Act of the 96th 
21 General Assembly, except for the commitments made by the 
22 Electing Provider in such order or decision concerning the 
23 optional packages required in subsection (d) of this 
24 Section and basic local exchange service as defined in this 
25 Section, shall no longer be in effect and no Commission 
26 investigation, review, or proceeding under Section 13-502 
 
 
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1 shall be continued, conducted, or maintained with respect 
2 to such services, charges, requirements, or conditions. If 
3 an Electing Provider has ceased providing optional 
4 packages to customers pursuant to subdivision (d)(8) of 
5 this Section, the commitments made by the Electing Provider 
6 in such order or decision concerning the optional packages 
7 under subsection (d) of this Section shall no longer be in 
8 effect and no Commission investigation, review, or 
9 proceeding under Section 13-502 shall be continued, 
10 conducted, or maintained with respect to such packages.
11  (2) For those geographic areas in which residential 
12 local exchange telecommunications services have not been 
13 classified as competitive as of the effective date of this 
14 amendatory Act of the 96th General Assembly, all 
15 telecommunications services provided to residential and 
16 business end users by an Electing Provider in the 
17 geographic area that is included in its notice of election 
18 pursuant to subsection (b) shall be classified as 
19 competitive for purposes of this Article without further 
20 Commission review.
21  (3) If an Electing Provider was previously subject to 
22 alternative regulation pursuant to Section 13-506.1 of 
23 this Article, the alternative regulation plan shall 
24 terminate in whole for all services subject to that plan 
25 and be of no force or effect, without further Commission 
26 review or action, when the Electing Provider's residential 
 
 
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1 local exchange telecommunications service in each MSA in 
2 its telecommunications service area in the State has been 
3 classified as competitive pursuant to either subdivision 
4 (c)(1) or (c)(2) of this Section.
5  (4) The service packages described in Section 13-518 
6 shall be classified as competitive for purposes of this 
7 Section if offered by an Electing Provider in a geographic 
8 area in which local exchange telecommunications service 
9 has been classified as competitive pursuant to either 
10 subdivision (c)(1) or (c)(2) of this Section.
11  (5) Where a service, or its functional equivalent, or a 
12 substitute service offered by a carrier that is not an 
13 Electing Provider or the incumbent local exchange carrier 
14 for that area is also being offered by an Electing Provider 
15 for some identifiable class or group of customers in an 
16 exchange, group of exchanges, or some other clearly defined 
17 geographical area, the service offered by a carrier that is 
18 not an Electing Provider or the incumbent local exchange 
19 carrier for that area shall be classified as competitive 
20 without further Commission review.
21  (6) Notwithstanding any other provision of this Act, 
22 retail telecommunications services classified as 
23 competitive pursuant to Section 13-502 or subdivision 
24 (c)(5) of this Section shall have their rates, terms, and 
25 conditions solely determined and regulated pursuant to the 
26 terms of this Section in the same manner and to the same 
 
 
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1 extent as the competitive retail telecommunications 
2 services of an Electing Provider, except that subsections 
3 (d), (g), and (j) of this Section shall not apply to a 
4 carrier that is not an Electing Provider or to the 
5 competitive telecommunications services of a carrier that 
6 is not an Electing Provider. The access services of a 
7 carrier that is not an Electing Provider shall remain 
8 subject to Section 13-900.2. The requirements in 
9 subdivision (e)(3) of this Section shall not apply to 
10 retail telecommunications services classified as 
11 competitive pursuant to Section 13-502 or subdivision 
12 (c)(5) of this Section, except that, upon request from the 
13 Commission, the telecommunications carrier providing 
14 competitive retail telecommunications services shall 
15 provide a report showing the number of credits and 
16 exemptions for the requested time period. 
17 (d) Consumer choice safe harbor options.
18  (1) Subject to subdivision (d)(8) of this Section, an 
19 Electing Provider in each of the MSA or Exchange areas 
20 classified as competitive pursuant to subdivision (c)(1) 
21 or (c)(2) of this Section shall offer to all residential 
22 customers who choose to subscribe the following optional 
23 packages of services priced at the same rate levels in 
24 effect on January 1, 2010:
25   (A) A basic package, which shall consist of a 
26 stand-alone residential network access line and 30 
 
 
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1 local calls. If the Electing Provider offers a 
2 stand-alone residential access line and local usage on 
3 a per call basis, the price for the basic package shall 
4 be the Electing Provider's applicable price in effect 
5 on January 1, 2010 for the sum of a residential access 
6 line and 30 local calls, additional calls over 30 calls 
7 shall be provided at the current per call rate. 
8 However, this basic package is not required if 
9 stand-alone residential network access lines or 
10 per-call local usage are not offered by the Electing 
11 Provider in the geographic area on January 1, 2010 or 
12 if the Electing Provider has not increased its 
13 stand-alone network access line and local usage rates, 
14 including Extended Area Service rates, since January 
15 1, 2010.
16   (B) An extra package, which shall consist of 
17 residential basic local exchange network access line 
18 and unlimited local calls. The price for the extra 
19 package shall be the Electing Provider's applicable 
20 price in effect on January 1, 2010 for a residential 
21 access line with unlimited local calls.
22   (C) A plus package, which shall consist of 
23 residential basic local exchange network access line, 
24 unlimited local calls, and the customer's choice of 2 
25 vertical services offered by the Electing Provider. 
26 The term "vertical services" as used in this 
 
 
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1 subsection, includes, but is not limited to, call 
2 waiting, call forwarding, 3-way calling, caller ID, 
3 call tracing, automatic callback, repeat dialing, and 
4 voicemail. The price for the plus package shall be the 
5 Electing Provider's applicable price in effect on 
6 January 1, 2010 for the sum of a residential access 
7 line with unlimited local calls and 2 times the average 
8 price for the vertical features included in the 
9 package.
10  (2) Subject to subdivision (d)(8) of this Section, for 
11 those geographic areas in which local exchange 
12 telecommunications services were classified as competitive 
13 on the effective date of this amendatory Act of the 96th 
14 General Assembly, an Electing Provider in each such MSA or 
15 Exchange area shall be subject to the same terms and 
16 conditions as provided in commitments made by the Electing 
17 Provider in connection with such previous competitive 
18 classifications, which shall apply with equal force under 
19 this Section, except as follows: (i) the limits on price 
20 increases on the optional packages required by this Section 
21 shall be extended consistent with subsection (d)(1) of this 
22 Section and (ii) the price for the extra package required 
23 by subsection (d)(1)(B) shall be reduced by one dollar from 
24 the price in effect on January 1, 2010. In addition, if an 
25 Electing Provider obtains a competitive classification 
26 pursuant to subsection (c)(1) and (c)(2), the price for the 
 
 
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1 optional packages shall be determined in such area in 
2 compliance with subsection (d)(1), except the price for the 
3 plus package required by subsection (d)(1) (C) shall be the 
4 lower of the price for such area or the price of the plus 
5 package in effect on January 1, 2010 for areas classified 
6 as competitive pursuant to subsection (c)(1). 
7  (3) To the extent that the requirements in Section 
8 13-518 applied to a telecommunications carrier prior to the 
9 effective date of this Section and that telecommunications 
10 carrier becomes an Electing Provider in accordance with the 
11 provisions of this Section, the requirements in Section 
12 13-518 shall cease to apply to that Electing Provider in 
13 those geographic areas included in the Electing Provider's 
14 notice of election pursuant to subsection (b) of this 
15 Section.
16  (4) Subject to subdivision (d)(8) of this Section, an 
17 Electing Provider shall make the optional packages 
18 required by this subsection and stand-alone residential 
19 network access lines and local usage, where offered, 
20 readily available to the public by providing information, 
21 in a clear manner, to residential customers. Information 
22 shall be made available on a website, and an Electing 
23 Provider shall provide notification to its customers every 
24 6 months, provided that notification may consist of a bill 
25 page message that provides an objective description of the 
26 safe harbor options that includes a telephone number and 
 
 
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1 website address where the customer may obtain additional 
2 information about the packages from the Electing Provider. 
3 The optional packages shall be offered on a monthly basis 
4 with no term of service requirement. An Electing Provider 
5 shall allow online electronic ordering of the optional 
6 packages and stand-alone residential network access lines 
7 and local usage, where offered, on its website in a manner 
8 similar to the online electronic ordering of its other 
9 residential services.
10  (5) Subject to subdivision (d)(8) of this Section, an 
11 Electing Provider shall comply with the Commission's 
12 existing rules, regulations, and notices in Title 83, Part 
13 735 of the Illinois Administrative Code when offering or 
14 providing the optional packages required by this 
15 subsection (d) and stand-alone residential network access 
16 lines.
17  (6) Subject to subdivision (d)(8) of this Section, an 
18 Electing Provider shall provide to the Commission 
19 semi-annual subscribership reports as of June 30 and 
20 December 31 that contain the number of its customers 
21 subscribing to each of the consumer choice safe harbor 
22 packages required by subsection (d)(1) of this Section and 
23 the number of its customers subscribing to retail 
24 residential basic local exchange service as defined in 
25 subsection (a)(2) of this Section. The first semi-annual 
26 reports shall be made on April 1, 2011 for December 31, 
 
 
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1 2010, and on September 1, 2011 for June 30, 2011, and 
2 semi-annually on April 1 and September 1 thereafter. Such 
3 subscribership information shall be accorded confidential 
4 and proprietary treatment upon request by the Electing 
5 Provider. 
6  (7) The Commission shall have the power, after notice 
7 and hearing as provided in this Article, upon complaint or 
8 upon its own motion, to take corrective action if the 
9 requirements of this Section are not complied with by an 
10 Electing Provider.
11  (8) On and after the effective date of this amendatory 
12 Act of the 99th General Assembly, an Electing Provider 
13 shall continue to offer and provide the optional packages 
14 described in this subsection (d) to existing customers and 
15 new customers. On and after December 31, 2020 July 1, 2017, 
16 an Electing Provider may immediately stop offering the 
17 optional packages described in this subsection (d) and, 
18 upon providing two notices to affected customers and to the 
19 Commission, may stop providing the optional packages 
20 described in this subsection (d) to all customers who 
21 subscribe to one of the optional packages. The first notice 
22 shall be provided at least 90 days before the date upon 
23 which the Electing Provider intends to stop providing the 
24 optional packages, and the second notice must be provided 
25 at least 30 days before that date. The first notice shall 
26 not be provided prior to December 31, 2020 July 1, 2017. 
 
 
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1 Each notice must identify the date on which the Electing 
2 Provider intends to stop providing the optional packages, 
3 at least one alternative service available to the customer, 
4 and a telephone number by which the customer may contact a 
5 service representative of the Electing Provider. After 
6 December 31, 2020 July 1, 2017 with respect to new 
7 customers, and upon the expiration of the second notice 
8 period with respect to customers who were subscribing to 
9 one of the optional packages, subdivisions (d)(1), (d)(2), 
10 (d)(4), (d)(5), (d)(6), and (d)(7) of this Section shall 
11 not apply to the Electing Provider. Notwithstanding any 
12 other provision of this Article, an Electing Provider that 
13 has ceased providing the optional packages under this 
14 subdivision (d)(8) is not subject to Section 13-301(1)(c) 
15 of this Act. Notwithstanding any other provision of this 
16 Act, and subject to subdivision (d)(7) of this Section, the 
17 Commission's authority over the discontinuance of the 
18 optional packages described in this subsection (d) by an 
19 Electing Provider shall be governed solely by this 
20 subsection (d)(8). 
21 (e) Service quality and customer credits for basic local 
22exchange service.
23  (1) An Electing Provider shall meet the following 
24 service quality standards in providing basic local 
25 exchange service, which for purposes of this subsection 
26 (e), includes both basic local exchange service and any 
 
 
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1 consumer choice safe harbor options that may be required by 
2 subsection (d) of this Section.
3   (A) Install basic local exchange service within 5 
4 business days after receipt of an order from the 
5 customer unless the customer requests an installation 
6 date that is beyond 5 business days after placing the 
7 order for basic service and to inform the customer of 
8 the Electing Provider's duty to install service within 
9 this timeframe. If installation of service is 
10 requested on or by a date more than 5 business days in 
11 the future, the Electing Provider shall install 
12 service by the date requested.
13   (B) Restore basic local exchange service for the 
14 customer within 30 hours after receiving notice that 
15 the customer is out of service.
16   (C) Keep all repair and installation appointments 
17 for basic local exchange service if a customer premises 
18 visit requires a customer to be present. The 
19 appointment window shall be either a specific time or, 
20 at a maximum, a 4-hour time block during evening, 
21 weekend, and normal business hours.
22   (D) Inform a customer when a repair or installation 
23 appointment requires the customer to be present.
24  (2) Customers shall be credited by the Electing 
25 Provider for violations of basic local exchange service 
26 quality standards described in subdivision (e)(1) of this 
 
 
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1 Section. The credits shall be applied automatically on the 
2 statement issued to the customer for the next monthly 
3 billing cycle following the violation or following the 
4 discovery of the violation. The next monthly billing cycle 
5 following the violation or the discovery of the violation 
6 means the billing cycle immediately following the billing 
7 cycle in process at the time of the violation or discovery 
8 of the violation, provided the total time between the 
9 violation or discovery of the violation and the issuance of 
10 the credit shall not exceed 60 calendar days. The Electing 
11 Provider is responsible for providing the credits and the 
12 customer is under no obligation to request such credits. 
13 The following credits shall apply:
14   (A) If an Electing Provider fails to repair an 
15 out-of-service condition for basic local exchange 
16 service within 30 hours, the Electing Provider shall 
17 provide a credit to the customer. If the service 
18 disruption is for more than 30 hours, but not more than 
19 48 hours, the credit must be equal to a pro-rata 
20 portion of the monthly recurring charges for all basic 
21 local exchange services disrupted. If the service 
22 disruption is for more than 48 hours, but not more than 
23 72 hours, the credit must be equal to at least 33% of 
24 one month's recurring charges for all local services 
25 disrupted. If the service disruption is for more than 
26 72 hours, but not more than 96 hours, the credit must 
 
 
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1 be equal to at least 67% of one month's recurring 
2 charges for all basic local exchange services 
3 disrupted. If the service disruption is for more than 
4 96 hours, but not more than 120 hours, the credit must 
5 be equal to one month's recurring charges for all basic 
6 local exchange services disrupted. For each day or 
7 portion thereof that the service disruption continues 
8 beyond the initial 120-hour period, the Electing 
9 Provider shall also provide an additional credit of $20 
10 per calendar day.
11   (B) If an Electing Provider fails to install basic 
12 local exchange service as required under subdivision 
13 (e)(1) of this Section, the Electing Provider shall 
14 waive 50% of any installation charges, or in the 
15 absence of an installation charge or where 
16 installation is pursuant to the Link Up program, the 
17 Electing Provider shall provide a credit of $25. If an 
18 Electing Provider fails to install service within 10 
19 business days after the service application is placed, 
20 or fails to install service within 5 business days 
21 after the customer's requested installation date, if 
22 the requested date was more than 5 business days after 
23 the date of the order, the Electing Provider shall 
24 waive 100% of the installation charge, or in the 
25 absence of an installation charge or where 
26 installation is provided pursuant to the Link Up 
 
 
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1 program, the Electing Provider shall provide a credit 
2 of $50. For each day that the failure to install 
3 service continues beyond the initial 10 business days, 
4 or beyond 5 business days after the customer's 
5 requested installation date, if the requested date was 
6 more than 5 business days after the date of the order, 
7 the Electing Provider shall also provide an additional 
8 credit of $20 per calendar day until the basic local 
9 exchange service is installed.
10   (C) If an Electing Provider fails to keep a 
11 scheduled repair or installation appointment when a 
12 customer premises visit requires a customer to be 
13 present as required under subdivision (e)(1) of this 
14 Section, the Electing Provider shall credit the 
15 customer $25 per missed appointment. A credit required 
16 by this subdivision does not apply when the Electing 
17 Provider provides the customer notice of its inability 
18 to keep the appointment no later than 8:00 pm of the 
19 day prior to the scheduled date of the appointment.
20   (D) Credits required by this subsection do not 
21 apply if the violation of a service quality standard:
22    (i) occurs as a result of a negligent or 
23 willful act on the part of the customer;
24    (ii) occurs as a result of a malfunction of 
25 customer-owned telephone equipment or inside 
26 wiring;
 
 
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1    (iii) occurs as a result of, or is extended by, 
2 an emergency situation as defined in 83 Ill. Adm. 
3 Code 732.10;
4    (iv) is extended by the Electing Provider's 
5 inability to gain access to the customer's 
6 premises due to the customer missing an 
7 appointment, provided that the violation is not 
8 further extended by the Electing Provider;
9    (v) occurs as a result of a customer request to 
10 change the scheduled appointment, provided that 
11 the violation is not further extended by the 
12 Electing Provider;
13    (vi) occurs as a result of an Electing 
14 Provider's right to refuse service to a customer as 
15 provided in Commission rules; or
16    (vii) occurs as a result of a lack of 
17 facilities where a customer requests service at a 
18 geographically remote location, where a customer 
19 requests service in a geographic area where the 
20 Electing Provider is not currently offering 
21 service, or where there are insufficient 
22 facilities to meet the customer's request for 
23 service, subject to an Electing Provider's 
24 obligation for reasonable facilities planning.
25  (3) Each Electing Provider shall provide to the 
26 Commission on a quarterly basis and in a form suitable for 
 
 
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1 posting on the Commission's website in conformance with the 
2 rules adopted by the Commission and in effect on April 1, 
3 2010, a public report that includes the following data for 
4 basic local exchange service quality of service:
5   (A) With regard to credits due in accordance with 
6 subdivision (e)(2)(A) as a result of out-of-service 
7 conditions lasting more than 30 hours:
8    (i) the total dollar amount of any customer 
9 credits paid;
10    (ii) the number of credits issued for repairs 
11 between 30 and 48 hours;
12    (iii) the number of credits issued for repairs 
13 between 49 and 72 hours;
14    (iv) the number of credits issued for repairs 
15 between 73 and 96 hours;
16    (v) the number of credits used for repairs 
17 between 97 and 120 hours;
18    (vi) the number of credits issued for repairs 
19 greater than 120 hours; and
20    (vii) the number of exemptions claimed for 
21 each of the categories identified in subdivision 
22 (e)(2)(D).
23   (B) With regard to credits due in accordance with 
24 subdivision (e)(2)(B) as a result of failure to install 
25 basic local exchange service:
26    (i) the total dollar amount of any customer 
 
 
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1 credits paid;
2    (ii) the number of installations after 5 
3 business days;
4    (iii) the number of installations after 10 
5 business days;
6    (iv) the number of installations after 11 
7 business days; and
8    (v) the number of exemptions claimed for each 
9 of the categories identified in subdivision 
10 (e)(2)(D).
11   (C) With regard to credits due in accordance with 
12 subdivision (e)(2)(C) as a result of missed 
13 appointments:
14    (i) the total dollar amount of any customer 
15 credits paid;
16    (ii) the number of any customers receiving 
17 credits; and
18    (iii) the number of exemptions claimed for 
19 each of the categories identified in subdivision 
20 (e)(2)(D).
21   (D) The Electing Provider's annual report required 
22 by this subsection shall also include, for 
23 informational reporting, the performance data 
24 described in subdivisions (e)(2)(A), (e)(2)(B), and 
25 (e)(2)(C), and trouble reports per 100 access lines 
26 calculated using the Commission's existing applicable 
 
 
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1 rules and regulations for such measures, including the 
2 requirements for service standards established in this 
3 Section. 
4  (4) It is the intent of the General Assembly that the 
5 service quality rules and customer credits in this 
6 subsection (e) of this Section and other enforcement 
7 mechanisms, including fines and penalties authorized by 
8 Section 13-305, shall apply on a nondiscriminatory basis to 
9 all Electing Providers. Accordingly, notwithstanding any 
10 provision of any service quality rules promulgated by the 
11 Commission, any alternative regulation plan adopted by the 
12 Commission, or any other order of the Commission, any 
13 Electing Provider that is subject to any other order of the 
14 Commission and that violates or fails to comply with the 
15 service quality standards promulgated pursuant to this 
16 subsection (e) or any other order of the Commission shall 
17 not be subject to any fines, penalties, customer credits, 
18 or enforcement mechanisms other than such fines or 
19 penalties or customer credits as may be imposed by the 
20 Commission in accordance with the provisions of this 
21 subsection (e) and Section 13-305, which are to be 
22 generally applicable to all Electing Providers. The amount 
23 of any fines or penalties imposed by the Commission for 
24 failure to comply with the requirements of this subsection 
25 (e) shall be an appropriate amount, taking into account, at 
26 a minimum, the Electing Provider's gross annual intrastate 
 
 
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1 revenue; the frequency, duration, and recurrence of the 
2 violation; and the relative harm caused to the affected 
3 customers or other users of the network. In imposing fines 
4 and penalties, the Commission shall take into account 
5 compensation or credits paid by the Electing Provider to 
6 its customers pursuant to this subsection (e) in 
7 compensation for any violation found pursuant to this 
8 subsection (e), and in any event the fine or penalty shall 
9 not exceed an amount equal to the maximum amount of a civil 
10 penalty that may be imposed under Section 13-305.
11  (5) An Electing Provider in each of the MSA or Exchange 
12 areas classified as competitive pursuant to subsection (c) 
13 of this Section shall fulfill the requirements in 
14 subdivision (e)(3) of this Section for 3 years after its 
15 notice of election becomes effective. After such 3 years, 
16 the requirements in subdivision (e)(3) of this Section 
17 shall not apply to such Electing Provider, except that, 
18 upon request from the Commission, the Electing Provider 
19 shall provide a report showing the number of credits and 
20 exemptions for the requested time period. 
21 (f) Commission jurisdiction over competitive retail 
22telecommunications services. Except as otherwise expressly 
23stated in this Section, the Commission shall thereafter have no 
24jurisdiction or authority over any aspect of competitive retail 
25telecommunications service of an Electing Provider in those 
26geographic areas included in the Electing Provider's notice of 
 
 
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1election pursuant to subsection (b) of this Section or of a 
2retail telecommunications service classified as competitive 
3pursuant to Section 13-502 or subdivision (c)(5) of this 
4Section, heretofore subject to the jurisdiction of the 
5Commission, including but not limited to, any requirements of 
6this Article related to the terms, conditions, rates, quality 
7of service, availability, classification or any other aspect of 
8any competitive retail telecommunications services. No 
9telecommunications carrier shall commit any unfair or 
10deceptive act or practice in connection with any aspect of the 
11offering or provision of any competitive retail 
12telecommunications service. Nothing in this Article shall 
13limit or affect any provisions in the Consumer Fraud and 
14Deceptive Business Practices Act with respect to any unfair or 
15deceptive act or practice by a telecommunications carrier.
16 (g) Commission authority over access services upon 
17election for market regulation.
18  (1) As part of its Notice of Election for Market 
19 Regulation, the Electing Provider shall reduce its 
20 intrastate switched access rates to rates no higher than 
21 its interstate switched access rates in 4 installments. The 
22 first reduction must be made 30 days after submission of 
23 its complete application for Notice of Election for Market 
24 Regulation, and the Electing Provider must reduce its 
25 intrastate switched access rates by an amount equal to 33% 
26 of the difference between its current intrastate switched 
 
 
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1 access rates and its current interstate switched access 
2 rates. The second reduction must be made no later than one 
3 year after the first reduction, and the Electing Provider 
4 must reduce its then current intrastate switched access 
5 rates by an amount equal to 41% of the difference between 
6 its then current intrastate switched access rates and its 
7 then current interstate switched access rates. The third 
8 reduction must be made no later than one year after the 
9 second reduction, and the Electing Provider must reduce its 
10 then current intrastate switched access rates by an amount 
11 equal to 50% of the difference between its then current 
12 intrastate switched access rate and its then current 
13 interstate switched access rates. The fourth reduction 
14 must be made on or before June 30, 2013, and the Electing 
15 Provider must reduce its intrastate switched access rate to 
16 mirror its then current interstate switched access rates 
17 and rate structure. Following the fourth reduction, each 
18 Electing Provider must continue to set its intrastate 
19 switched access rates to mirror its interstate switched 
20 access rates and rate structure. For purposes of this 
21 subsection, the rate for intrastate switched access 
22 service means the composite, per-minute rate for that 
23 service, including all applicable fixed and 
24 traffic-sensitive charges, including, but not limited to, 
25 carrier common line charges. 
26  (2) Nothing in paragraph (1) of this subsection (g) 
 
 
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1 prohibits an Electing Provider from electing to offer 
2 intrastate switched access service at rates lower than its 
3 interstate switched access rates.
4  (3) The Commission shall have no authority to order an 
5 Electing Provider to set its rates for intrastate switched 
6 access at a level lower than its interstate switched access 
7 rates.
8  (4) The Commission's authority under this subsection 
9 (g) shall only apply to Electing Providers under Market 
10 Regulation. The Commission's authority over switched 
11 access services for all other carriers is retained under 
12 Section 13-900.2 of this Act.
13 (h) Safety of service equipment and facilities. 
14  (1) An Electing Provider shall furnish, provide, and 
15 maintain such service instrumentalities, equipment, and 
16 facilities as shall promote the safety, health, comfort, 
17 and convenience of its patrons, employees, and public and 
18 as shall be in all respects adequate, reliable, and 
19 efficient without discrimination or delay. Every Electing 
20 Provider shall provide service and facilities that are in 
21 all respects environmentally safe.
22  (2) The Commission is authorized to conduct an 
23 investigation of any Electing Provider or part thereof. The 
24 investigation may examine the reasonableness, prudence, or 
25 efficiency of any aspect of the Electing Provider's 
26 operations or functions that may affect the adequacy, 
 
 
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1 safety, efficiency, or reliability of telecommunications 
2 service. The Commission may conduct or order an 
3 investigation only when it has reasonable grounds to 
4 believe that the investigation is necessary to assure that 
5 the Electing Provider is providing adequate, efficient, 
6 reliable, and safe service. The Commission shall, before 
7 initiating any such investigation, issue an order 
8 describing the grounds for the investigation and the 
9 appropriate scope and nature of the investigation, which 
10 shall be reasonably related to the grounds relied upon by 
11 the Commission in its order. 
12 (i) (Blank).
13 (j) Application of Article VII. The provisions of Sections 
147-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are 
15applicable to an Electing Provider offering or providing retail 
16telecommunications service, and the Commission's regulation 
17thereof, except that (1) the approval of contracts and 
18arrangements with affiliated interests required by paragraph 
19(3) of Section 7-101 shall not apply to such telecommunications 
20carriers provided that, except as provided in item (2), those 
21contracts and arrangements shall be filed with the Commission; 
22(2) affiliated interest contracts or arrangements entered into 
23by such telecommunications carriers where the increased 
24obligation thereunder does not exceed the lesser of $5,000,000 
25or 5% of such carrier's prior annual revenue from 
26noncompetitive services are not required to be filed with the 
 
 
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1Commission; and (3) any consent and approval of the Commission 
2required by Section 7-102 is not required for the sale, lease, 
3assignment, or transfer by any Electing Provider of any 
4property that is not necessary or useful in the performance of 
5its duties to the public.
6 (k) Notwithstanding other provisions of this Section, the 
7Commission retains its existing authority to enforce the 
8provisions, conditions, and requirements of the following 
9Sections of this Article: 13-101, 13-103, 13-201, 13-301, 
1013-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, 
1113-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, 
1213-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503, 
1313-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, 
1413-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, 
1513-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 
1613-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully 
17and equally applicable to Electing Providers and to 
18telecommunications carriers providing retail 
19telecommunications service classified as competitive pursuant 
20to Section 13-502 or subdivision (c)(5) of this Section subject 
21to the provisions of this Section. On the effective date of 
22this amendatory Act of the 98th General Assembly, the following 
23Sections of this Article shall cease to apply to Electing 
24Providers and to telecommunications carriers providing retail 
25telecommunications service classified as competitive pursuant 
26to Section 13-502 or subdivision (c)(5) of this Section: 
 
 
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113-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2, 
213-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507, 
313-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701, 
4and 13-712. 

5(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)

6 (220 ILCS 5/13-1200)
7 (Section scheduled to be repealed on July 1, 2017)
8 Sec. 13-1200. Repealer. This Article is repealed December 
931, 2020 July 1, 2017.
10(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)

11 (220 ILCS 5/21-401)
12 (Section scheduled to be repealed on July 1, 2017)
13 Sec. 21-401. Applications.
14 (a)(1) A person or entity seeking to provide cable service 
15or video service pursuant to this Article shall not use the 
16public rights-of-way for the installation or construction of 
17facilities for the provision of cable service or video service 
18or offer cable service or video service until it has obtained a 
19State-issued authorization to offer or provide cable or video 
20service under this Section, except as provided for in item (2) 
21of this subsection (a). All cable or video providers offering 
22or providing service in this State shall have authorization 
23pursuant to either (i) the Cable and Video Competition Law of 
242007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the 
 
 
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1Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section 
25-1095 of the Counties Code (55 ILCS 5/5-1095).
3 (2) Nothing in this Section shall prohibit a local unit of 
4government from granting a permit to a person or entity for the 
5use of the public rights-of-way to install or construct 
6facilities to provide cable service or video service, at its 
7sole discretion. No unit of local government shall be liable 
8for denial or delay of a permit prior to the issuance of a 
9State-issued authorization.
10 (b) The application to the Commission for State-issued 
11authorization shall contain a completed affidavit submitted by 
12the applicant and signed by an officer or general partner of 
13the applicant affirming all of the following:
14  (1) That the applicant has filed or will timely file 
15 with the Federal Communications Commission all forms 
16 required by that agency in advance of offering cable 
17 service or video service in this State.
18  (2) That the applicant agrees to comply with all 
19 applicable federal and State statutes and regulations.
20  (3) That the applicant agrees to comply with all 
21 applicable local unit of government regulations.
22  (4) An exact description of the cable service or video 
23 service area where the cable service or video service will 
24 be offered during the term of the State-issued 
25 authorization. The service area shall be identified in 
26 terms of either (i) exchanges, as that term is defined in 
 
 
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1 Section 13-206 of this Act; (ii) a collection of United 
2 States Census Bureau Block numbers (13 digit); (iii) if the 
3 area is smaller than the areas identified in either (i) or 
4 (ii), by geographic information system digital boundaries 
5 meeting or exceeding national map accuracy standards; or 
6 (iv) local unit of government. The description shall 
7 include the number of low-income households within the 
8 service area or footprint. If an applicant is an incumbent 
9 cable operator, the incumbent cable operator and any 
10 successor-in-interest shall be obligated to provide access 
11 to cable services or video services within any local units 
12 of government at the same levels required by the local 
13 franchising authorities for the local unit of government on 
14 June 30, 2007
(the effective date of Public Act 95-9),
and 
15 its application shall provide a description of an area no 
16 smaller than the service areas contained in its franchise 
17 or franchises
within the jurisdiction of the local unit of 
18 government in which it seeks to offer cable or video 
19 service.
20  (5) The location and telephone number of the 
21 applicant's principal place of business within this State 
22 and the names of the applicant's principal executive 
23 officers who are responsible for communications concerning 
24 the application and the services to be offered pursuant to 
25 the application, the applicant's legal name, and any name 
26 or names under which the applicant does or will provide 
 
 
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1 cable services or video services in this State.
2  (6) A certification that the applicant has 
3 concurrently delivered a copy of the application to all 
4 local units of government that include all or any part of 
5 the service area identified in item (4) of this subsection 
6 (b)
within such local unit of government's jurisdictional 
7 boundaries.
8  (7) The expected date that cable service or video 
9 service will be initially offered in the area identified in 
10 item (4) of this subsection (b). In the event that a holder 
11 does not offer cable services or video services within 3

12 months after the expected date, it shall amend its 
13 application and update the expected date service will be 
14 offered and explain the delay in offering cable services or 
15 video services.
16  (8) For any entity that received State-issued 
17 authorization prior to this amendatory Act of the 98th 
18 General Assembly as a cable operator and that intends to 
19 proceed as a cable operator under this Article, the entity 
20 shall file a written affidavit with the Commission and 
21 shall serve a copy of the affidavit with any local units of 
22 government affected by the authorization within 30 days 
23 after the effective date of this amendatory Act of the 98th 
24 General Assembly stating that the holder will be providing 
25 cable service under the State-issued authorization. 
26 The application shall include adequate assurance that the 
 
 
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1applicant possesses the financial, managerial, legal, and 
2technical qualifications necessary to construct and operate 
3the proposed system, to promptly repair any damage to the 
4public right-of-way caused by the applicant, and to pay the 
5cost of removal of its facilities. To accomplish these 
6requirements, the applicant may, at the time the applicant 
7seeks to use the public rights-of-way in that jurisdiction, be 
8required by the State of Illinois or
later be required by the 
9local unit of government, or both, to post a bond, produce a 
10certificate of insurance, or otherwise demonstrate its 
11financial responsibility.
12 The application shall include the applicant's general 
13standards related to customer service required by Section 
1422-501 of this Act, which shall include, but not be limited to, 
15installation, disconnection, service and repair obligations; 
16appointment hours; employee ID requirements; customer service 
17telephone numbers and hours; procedures for billing, charges, 
18deposits, refunds, and credits; procedures for termination of 
19service; notice of deletion of programming service and changes 
20related to transmission of programming or changes or increases 
21in rates; use and availability of parental control or lock-out 
22devices; complaint procedures and procedures for bill dispute 
23resolution and a description of the rights and remedies 
24available to consumers if the holder does not materially meet 
25their customer service standards; and special services for 
26customers with visual, hearing, or mobility disabilities.
 
 
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1 (c)(1) The applicant may designate information that it 
2submits in its application or subsequent reports as 
3confidential or proprietary, provided that the applicant 
4states the reasons the confidential designation is necessary. 
5The Commission shall provide adequate protection for such 
6information pursuant to Section 4-404 of this Act. If the 
7Commission, a local unit of government, or any other party 
8seeks public disclosure of information designated as 
9confidential, the Commission shall consider the confidential 
10designation in a proceeding under the Illinois Administrative 
11Procedure
Act, and the burden of proof to demonstrate that the 
12designated information is confidential shall be upon the 
13applicant. Designated information shall remain confidential 
14pending the Commission's determination of whether the 
15information is entitled to confidential treatment. Information 
16designated as confidential shall be provided to local units of 
17government for purposes of assessing compliance with this 
18Article as permitted under a Protective Order issued by the 
19Commission pursuant to the Commission's rules and to the 
20Attorney General pursuant to Section 6.5 of the Attorney 
21General Act
(15 ILCS 205/6.5). Information designated as 
22confidential under this Section or determined to be 
23confidential upon Commission review shall only be disclosed 
24pursuant to a valid and enforceable subpoena or court order or 
25as required by the Freedom of Information Act. Nothing herein 
26shall delay the application approval timeframes set forth in 
 
 
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1this Article.
2 (2) Information regarding the location of video services 
3that have been or are being offered to the public and aggregate 
4information included in the reports required by this Article 
5shall not be designated or treated as confidential.
6 (d)(1) The Commission shall post all applications it 
7receives under this Article on its web site within 5
business 
8days.
9 (2) The Commission shall notify an applicant for a cable 
10service or video service authorization whether the applicant's 
11application and affidavit are complete on or before the 15th 
12business day after the applicant submits the application. If 
13the application and affidavit are not complete, the Commission 
14shall state in its notice all of the reasons the application or 
15affidavit are incomplete, and the applicant shall resubmit a 
16complete application. The Commission shall have 30 days after 
17submission by the applicant of a complete application and 
18affidavit to issue the service authorization. If the Commission 
19does not notify the applicant regarding the completeness of the 
20application and affidavit or issue the service authorization 
21within the time periods required under this subsection, the 
22application and affidavit shall be considered complete and the 
23service authorization issued upon the expiration of the 30th 
24day.
25 (e) Any authorization issued by the Commission will expire 
26on December 31, 2023 2020 and shall contain or include all of 
 
 
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1the following:
2  (1) A grant of authority, including an authorization 
3 issued prior to this amendatory Act of the 98th General 
4 Assembly, to provide cable service or video service in the 
5 service area footprint as requested in the application, 
6 subject to the provisions of this Article in existence on 
7 the date the grant of authority was issued, and any 
8 modifications to this Article enacted at any time prior to 
9 the date in Section 21-1601 of this Act, and to the laws of 
10 the State and the ordinances, rules, and regulations of the 
11 local units of government.
12  (2) A grant of authority to use, occupy, and construct 
13 facilities in the public rights-of-way for the delivery of 
14 cable service or video service in the service area 
15 footprint, subject to the laws, ordinances, rules, or 
16 regulations of this State and local units of governments.
17  (3) A statement that the grant of authority is subject 
18 to lawful operation of the cable service or video service 
19 by the applicant, its affiliated entities, or its 
20 successors-in-interest.
21 (e-5) The Commission shall notify a local unit of 
22government within 3
business days of the grant of any 
23authorization within a service area footprint if that 
24authorization includes any part of the local unit of 
25government's jurisdictional boundaries and state whether the 
26holder will be providing video service or cable service under 
 
 
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1the authorization.
2 (f) The authorization issued pursuant to this Section
by 
3the Commission may be transferred to any successor-in-interest 
4to the applicant to which it is initially granted without 
5further Commission action if the successor-in-interest (i) 
6submits an application and the information required by 
7subsection (b) of this Section
for the successor-in-interest 
8and (ii) is not in violation of this Article or of any federal, 
9State, or local law, ordinance, rule, or regulation. A 
10successor-in-interest shall file its application and notice of 
11transfer with the Commission and the relevant local units of 
12government no less than 15
business days prior to the 
13completion of the transfer. The Commission is not required or 
14authorized to act upon the notice of transfer; however, the 
15transfer is not effective until the Commission approves the 
16successor-in-interest's application. A local unit of 
17government or the Attorney General may seek to bar a transfer 
18of ownership by filing suit in a court of competent 
19jurisdiction predicated on the existence of a material and 
20continuing breach of this Article by the holder, a pattern of 
21noncompliance with customer service standards by the potential 
22successor-in-interest, or the insolvency of the potential 
23successor-in-interest. If a transfer is made when there are 
24violations of this Article or of any federal, State, or local 
25law, ordinance, rule, or regulation, the successor-in-interest 
26shall be subject to 3
times the penalties provided for in this 
 
 
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1Article.
2 (g) The authorization issued pursuant to this Section by 
3the Commission may be terminated, or its cable service or video 
4service area footprint may be modified, by the cable service 
5provider or video service provider by submitting notice to the 
6Commission and to the relevant local unit of government 
7containing a description of the change on the same terms as the 
8initial description pursuant to item (4) of subsection (b) of 
9this Section. The Commission is not required or authorized to 
10act upon that notice. It shall be a violation of this Article 
11for a holder to discriminate against potential residential 
12subscribers because of the race or income of the residents in 
13the local area in which the group resides by terminating or 
14modifying its cable service or video service area footprint. It 
15shall be a violation of this Article for a holder to terminate 
16or modify its cable service or video service area footprint if 
17it leaves an area with no cable service or video service from 
18any provider.
19 (h) The Commission's authority to administer this Article 
20is limited to the powers and duties explicitly provided under 
21this Article. Its authority under this Article does not include 
22or limit the powers and duties that the Commission has under 
23the other Articles of this Act, the Illinois Administrative 
24Procedure Act,
or any other law or regulation to conduct 
25proceedings, other than as provided in subsection (c), or has 
26to promulgate rules or regulations. The Commission shall not 
 
 
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1have the authority to limit or expand the obligations and 
2requirements provided in this Section or to regulate or control 
3a person or entity to the extent that person or entity is 
4providing cable service or video service, except as provided in 
5this Article.

6(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, 
7eff. 6-29-15.)

8 (220 ILCS 5/21-1601)

9 Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of 
10this Article are repealed December 31, 2020 July 1, 2017.

11(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)


12 Section 99. Effective date. This Act takes effect upon 
13becoming law.".