Public Act 100-0020

HB1811 Enrolled LRB100 08000 SMS 18081 b

AN ACT concerning regulation.

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

represented in the General Assembly:

Section 3. The Freedom of Information Act is amended by

changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for

by the statutes referenced below, the following shall be exempt

from inspection and copying:

(a) All information determined to be confidential

under Section 4002 of the Technology Advancement and

Development Act.

(b) Library circulation and order records identifying

library users with specific materials under the Library

Records Confidentiality Act.

(c) Applications, related documents, and medical

records received by the Experimental Organ Transplantation

Procedures Board and any and all documents or other records

prepared by the Experimental Organ Transplantation

Procedures Board or its staff relating to applications it

has received.

(d) Information and records held by the Department of

Public Health and its authorized representatives relating

to known or suspected cases of sexually transmissible

disease or any information the disclosure of which is

restricted under the Illinois Sexually Transmissible

Disease Control Act.

(e) Information the disclosure of which is exempted

under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of

the Architectural, Engineering, and Land Surveying

Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted

and exempted under Section 50 of the Illinois Prepaid

Tuition Act.

(h) Information the disclosure of which is exempted

under the State Officials and Employees Ethics Act, and

records of any lawfully created State or local inspector

general's office that would be exempt if created or

obtained by an Executive Inspector General's office under

that Act.

(i) Information contained in a local emergency energy

plan submitted to a municipality in accordance with a local

emergency energy plan ordinance that is adopted under

Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution

of surcharge moneys collected and remitted by wireless

carriers under the Wireless Emergency Telephone System

Safety Act.

(k) Law enforcement officer identification information

or driver identification information compiled by a law

enforcement agency or the Department of Transportation

under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential

health care facility resident sexual assault and death

review team or the Executive Council under the Abuse

Prevention Review Team Act.

(m) Information provided to the predatory lending

database created pursuant to Article 3 of the Residential

Real Property Disclosure Act, except to the extent

authorized under that Article.

(n) Defense budgets and petitions for certification of

compensation and expenses for court appointed trial

counsel as provided under Sections 10 and 15 of the Capital

Crimes Litigation Act. This subsection (n) shall apply

until the conclusion of the trial of the case, even if the

prosecution chooses not to pursue the death penalty prior

to trial or sentencing.

(o) Information that is prohibited from being

disclosed under Section 4 of the Illinois Health and

Hazardous Substances Registry Act.

(p) Security portions of system safety program plans,

investigation reports, surveys, schedules, lists, data, or

information compiled, collected, or prepared by or for the

Regional Transportation Authority under Section 2.11 of

the Regional Transportation Authority Act or the St. Clair

County Transit District under the Bi-State Transit Safety

Act.

(q) Information prohibited from being disclosed by the

Personnel Records Review Act.

(r) Information prohibited from being disclosed by the

Illinois School Student Records Act.

(s) Information the disclosure of which is restricted

under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information

in the form of health data or medical records contained in,

stored in, submitted to, transferred by, or released from

the Illinois Health Information Exchange, and identified

or deidentified health information in the form of health

data and medical records of the Illinois Health Information

Exchange in the possession of the Illinois Health

Information Exchange Authority due to its administration

of the Illinois Health Information Exchange. The terms

"identified" and "deidentified" shall be given the same

meaning as in the Health Insurance Portability and

Accountability Act of 1996, Public Law 104-191, or any

subsequent amendments thereto, and any regulations

promulgated thereunder.

(u) Records and information provided to an independent

team of experts under Brian's Law.

(v) Names and information of people who have applied

for or received Firearm Owner's Identification Cards under

the Firearm Owners Identification Card Act or applied for

or received a concealed carry license under the Firearm

Concealed Carry Act, unless otherwise authorized by the

Firearm Concealed Carry Act; and databases under the

Firearm Concealed Carry Act, records of the Concealed Carry

Licensing Review Board under the Firearm Concealed Carry

Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.

(w) Personally identifiable information which is

exempted from disclosure under subsection (g) of Section

19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure

under Section 5-1014.3 of the Counties Code or Section

8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult

Protective Services Act and its predecessor enabling

statute, the Elder Abuse and Neglect Act, including

information about the identity and administrative finding

against any caregiver of a verified and substantiated

decision of abuse, neglect, or financial exploitation of an

eligible adult maintained in the Registry established

under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality

review team or the Illinois Fatality Review Team Advisory

Council under Section 15 of the Adult Protective Services

Act.

(aa) Information which is exempted from disclosure

under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from

disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement

Officer-Worn Body Camera Act, except to the extent

authorized under that Act.

(dd) Information that is prohibited from being

disclosed under Section 45 of the Condominium and Common

Interest Community Ombudsperson Act.

(ee) (dd) Information that is exempted from disclosure

under Section 30.1 of the Pharmacy Practice Act.

(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756,

eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14;

99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16;

99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff.

8-19-16; revised 9-1-16.)

Section 5. The Department of State Police Law of the Civil

Administrative Code of Illinois is amended by changing Sections

2605-52 and 2605-475 as follows:

(20 ILCS 2605/2605-52)

Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.

(a) There shall be established an Office of the Statewide

9-1-1 Administrator within the Department. Beginning January

1, 2016, the Office of the Statewide 9-1-1 Administrator shall

be responsible for developing, implementing, and overseeing a

uniform statewide 9-1-1 system for all areas of the State

outside of municipalities having a population over 500,000.

(b) The Governor shall appoint, with the advice and consent

of the Senate, a Statewide 9-1-1 Administrator. The

Administrator shall serve for a term of 2 years, and until a

successor is appointed and qualified; except that the term of

the first 9-1-1 Administrator appointed under this Act shall

expire on the third Monday in January, 2017. The Administrator

shall not hold any other remunerative public office. The

Administrator shall receive an annual salary as set by the

Governor.

(c) The Department, from appropriations made to it for that

purpose, shall make grants to 9-1-1 Authorities for the purpose

of defraying costs associated with 9-1-1 system consolidations

awarded by the Administrator under Section 15.4b of the

Emergency Telephone System Act.

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

(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)

Sec. 2605-475. Wireless Emergency Telephone System Safety

Act. The Department and Statewide 9-1-1 Administrator shall To

exercise the powers and perform the duties specifically

assigned to each the Department under the Wireless Emergency

Telephone System Safety Act with respect to the development and

improvement of emergency communications procedures and

facilities in such a manner as to facilitate a quick response

to any person calling the number "9-1-1" seeking police, fire,

medical, or other emergency services through a wireless carrier

as defined in Section 10 of the Wireless Emergency Telephone

Safety Act. Nothing in the Wireless Emergency Telephone System

Safety Act shall require the Department of Illinois State

Police to provide wireless enhanced 9-1-1 services.

(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)

Section 10. The State Finance Act is amended by changing

Section 8.37 as follows:

(30 ILCS 105/8.37)

Sec. 8.37. State Police Wireless Service Emergency Fund.

(a) The State Police Wireless Service Emergency Fund is

created as a special fund in the State Treasury.

(b) Grants or surcharge funds allocated to the Department

of State Police from the Statewide 9-1-1 Wireless Service

Emergency Fund shall be deposited into the State Police

Wireless Service Emergency Fund and shall be used in accordance

with Section 30 20 of the Wireless Emergency Telephone System

Safety Act.

(c) On July 1, 1999, the State Comptroller and State

Treasurer shall transfer $1,300,000 from the General Revenue

Fund to the State Police Wireless Service Emergency Fund. On

June 30, 2003 the State Comptroller and State Treasurer shall

transfer $1,300,000 from the State Police Wireless Service

Emergency Fund to the General Revenue Fund.

(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)

Section 15. The Emergency Telephone System Act is reenacted

and is amended by changing Sections 2, 8, 10, 10.3, 12, 14,

15.2a, 15.3, 15.3a, 15.4, 15.4a, 15.6a, 19, 20, 30, 35, 40, 55,

and 99 and by adding Sections 17.5 and 80 as follows:

(50 ILCS 750/Act title)

An Act in relation to the designation of an emergency

telephone number for use throughout the State.

(50 ILCS 750/0.01) (from Ch. 134, par. 30.01)

Sec. 0.01. This Act shall be known and may be cited as the

"Emergency Telephone System Act".

(Source: P.A. 85-978.)

(50 ILCS 750/1) (from Ch. 134, par. 31)

Sec. 1. The General Assembly finds and declares that it is

in the public interest to shorten the time required for a

citizen to request and receive emergency aid. There currently

exist thousands of different emergency phone numbers

throughout the state, and present telephone exchange

boundaries and central office service areas do not necessarily

correspond to public safety and political boundaries.

Provision of a single, primary three-digit emergency number

through which emergency services can be quickly and efficiently

obtained would provide a significant contribution to law

enforcement and other public service efforts by making it less

difficult to quickly notify public safety personnel. Such a

simplified means of procuring emergency services will result in

the saving of life, a reduction in the destruction of property,

quicker apprehension of criminals, and ultimately the saving of

money. The General Assembly further finds and declares that the

establishment of a uniform, statewide emergency number is a

matter of statewide concern and interest to all inhabitants and

citizens of this State. It is the purpose of this Act to

establish the number "9-1-1" as the primary emergency telephone

number for use in this State and to encourage units of local

government and combinations of such units to develop and

improve emergency communication procedures and facilities in

such a manner as to be able to quickly respond to any person

calling the telephone number "9-1-1" seeking police, fire,

medical, rescue, and other emergency services.

(Source: P.A. 85-978.)

(50 ILCS 750/2) (from Ch. 134, par. 32)

Sec. 2. Definitions. As used in this Act, unless the

context otherwise requires:

"9-1-1 network" means the network used for the delivery of

9-1-1 calls and messages over dedicated and redundant

facilities to a primary or backup 9-1-1 PSAP that meets P.01

grade of service standards for basic 9-1-1 and enhanced 9-1-1

services or meets national I3 industry call delivery standards

for Next Generation 9-1-1 services.

"9-1-1 system" means the geographic area that has been

granted an order of authority by the Commission or the

Statewide 9-1-1 Administrator to use "9-1-1" as the primary

emergency telephone number.

"9-1-1 Authority" includes an Emergency Telephone System

Board, Joint Emergency Telephone System Board, and a qualified

governmental entity. "9-1-1 Authority" includes the Department

of State Police only to the extent it provides 9-1-1 services

under this Act.

"Administrator" means the Statewide 9-1-1 Administrator.

"Advanced service" means any telecommunications service

with or without dynamic bandwidth allocation, including, but

not limited to, ISDN Primary Rate Interface (PRI), that,

through the use of a DS-1, T-1, or other similar un-channelized

or multi-channel transmission facility, is capable of

transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency.

"ALI" or "automatic location identification" means, in an

E9-1-1 system, the automatic display at the public safety

answering point of the caller's telephone number, the address

or location of the telephone, and supplementary emergency

services information.

"ANI" or "automatic number identification" means the

automatic display of the 9-1-1 calling party's number on the

PSAP monitor.

"Automatic alarm" and "automatic alerting device" mean any

device that will access the 9-1-1 system for emergency services

upon activation.

"Backup PSAP" means a public safety answering point that

serves as an alternate to the PSAP for enhanced systems and is

at a different location and operates independently from the

PSAP. A backup PSAP may accept overflow calls from the PSAP or

be activated if the primary PSAP is disabled.

"Board" means an Emergency Telephone System Board or a

Joint Emergency Telephone System Board created pursuant to

Section 15.4.

"Carrier" includes a telecommunications carrier and a

wireless carrier.

"Commission" means the Illinois Commerce Commission.

"Computer aided dispatch" or "CAD" means a computer-based

system that aids PSAP telecommunicators by automating selected

dispatching and recordkeeping activities database maintained

by the public safety agency or public safety answering point

used in conjunction with 9-1-1 caller data.

"Direct dispatch method" means a 9-1-1 service that

provides for the direct dispatch by a PSAP telecommunicator of

the appropriate unit upon receipt of an emergency call and the

decision as to the proper action to be taken.

"Department" means the Department of State Police.

"DS-1, T-1, or similar un-channelized or multi-channel

transmission facility" means a facility that can transmit and

receive a bit rate of at least 1.544 megabits per second

(Mbps).

"Dynamic bandwidth allocation" means the ability of the

facility or customer to drop and add channels, or adjust

bandwidth, when needed in real time for voice or data purposes.

"Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone

system that includes dedicated network switching, database and

PSAP premise elements capable of providing automatic location

identification data, selective routing, database, ALI, ANI,

selective transfer, fixed transfer, and a call back number,

including any enhanced 9-1-1 service so designated by the

Federal Communications Commission in its report and order in WC

Dockets Nos. 04-36 and 05-196, or any successor proceeding.

"ETSB" means an emergency telephone system board appointed

by the corporate authorities of any county or municipality that

provides for the management and operation of a 9-1-1 system.

"Hearing-impaired individual" means a person with a

permanent hearing loss who can regularly and routinely

communicate by telephone only through the aid of devices which

can send and receive written messages over the telephone

network.

"Hosted supplemental 9-1-1 service" means a database

service that:

(1) electronically provides information to 9-1-1 call

takers when a call is placed to 9-1-1;

(2) allows telephone subscribers to provide

information to 9-1-1 to be used in emergency scenarios;

(3) collects a variety of formatted data relevant to

9-1-1 and first responder needs, which may include, but is

not limited to, photographs of the telephone subscribers,

physical descriptions, medical information, household

data, and emergency contacts;

(4) allows for information to be entered by telephone

subscribers through a secure website where they can elect

to provide as little or as much information as they choose;

(5) automatically displays data provided by telephone

subscribers to 9-1-1 call takers for all types of

telephones when a call is placed to 9-1-1 from a registered

and confirmed phone number;

(6) supports the delivery of telephone subscriber

information through a secure internet connection to all

emergency telephone system boards;

(7) works across all 9-1-1 call taking equipment and

allows for the easy transfer of information into a computer

aided dispatch system; and

(8) may be used to collect information pursuant to an

Illinois Premise Alert Program as defined in the Illinois

Premise Alert Program (PAP) Act.

"Interconnected voice over Internet protocol provider" or

"Interconnected VoIP provider" has the meaning given to that

term under Section 13-235 of the Public Utilities Act.

"Joint ETSB" means a Joint Emergency Telephone System Board

established by intergovernmental agreement of two or more

municipalities or counties, or a combination thereof, to

provide for the management and operation of a 9-1-1 system.

"Local public agency" means any unit of local government or

special purpose district located in whole or in part within

this State that provides or has authority to provide

firefighting, police, ambulance, medical, or other emergency

services.

"Mechanical dialer" means any device that either manually

or remotely triggers a dialing device to access the 9-1-1

system.

"Master Street Address Guide" or "MSAG" is a database of

street names and house ranges within their associated

communities defining emergency service zones (ESZs) and their

associated emergency service numbers (ESNs) to enable proper

routing of 9-1-1 calls means the computerized geographical

database that consists of all street and address data within a

9-1-1 system.

"Mobile telephone number" or "MTN" means the telephone

number assigned to a wireless telephone at the time of initial

activation.

"Network connections" means the number of voice grade

communications channels directly between a subscriber and a

telecommunications carrier's public switched network, without

the intervention of any other telecommunications carrier's

switched network, which would be required to carry the

subscriber's inter-premises traffic and which connection

either (1) is capable of providing access through the public

switched network to a 9-1-1 Emergency Telephone System, if one

exists, or (2) if no system exists at the time a surcharge is

imposed under Section 15.3, that would be capable of providing

access through the public switched network to the local 9-1-1

Emergency Telephone System if one existed. Where multiple voice

grade communications channels are connected to a

telecommunications carrier's public switched network through a

private branch exchange (PBX) service, there shall be

determined to be one network connection for each trunk line

capable of transporting either the subscriber's inter-premises

traffic to the public switched network or the subscriber's

9-1-1 calls to the public agency. Where multiple voice grade

communications channels are connected to a telecommunications

carrier's public switched network through centrex type

service, the number of network connections shall be equal to

the number of PBX trunk equivalents for the subscriber's

service or other multiple voice grade communication channels

facility, as determined by reference to any generally

applicable exchange access service tariff filed by the

subscriber's telecommunications carrier with the Commission.

"Network costs" means those recurring costs that directly

relate to the operation of the 9-1-1 network as determined by

the Statewide 9-1-1 Administrator with the advice of the

Statewide 9-1-1 Advisory Board, which may include including,

but need not be limited to, some or all of the following: costs

for interoffice trunks, selective routing charges, transfer

lines and toll charges for 9-1-1 services, Automatic Location

Information (ALI) database charges, call box trunk circuit

(including central office only and not including extensions to

fire stations), independent local exchange carrier charges and

non-system provider charges, carrier charges for third party

database for on-site customer premises equipment, back-up PSAP

trunks for non-system providers, periodic database updates as

provided by carrier (also known as "ALI data dump"), regional

ALI storage charges, circuits for call delivery (fiber or

circuit connection), NG9-1-1 costs, and all associated fees,

taxes, and surcharges on each invoice. "Network costs" shall

not include radio circuits or toll charges that are other than

for 9-1-1 services.

"Next generation 9-1-1" or "NG9-1-1" means an Internet

Protocol-based (IP-based) system comprised of managed ESInets,

functional elements and applications, and databases that

replicate traditional E9-1-1 features and functions and

provide additional capabilities. "NG9-1-1" systems are

designed to provide access to emergency services from all

connected communications sources, and provide multimedia data

capabilities for PSAPs and other emergency services

organizations.

"NG9-1-1 costs" means those recurring costs that directly

relate to the Next Generation 9-1-1 service as determined by

the Statewide 9-1-1 Advisory Board, including, but not limited

to, costs for Emergency System Routing Proxy (ESRP), Emergency

Call Routing Function/Location Validation Function (ECRF/LVF),

Spatial Information Function (SIF), the Border Control

Function (BCF), and the Emergency Services Internet Protocol

networks (ESInets), legacy network gateways, and all

associated fees, taxes, and surcharges on each invoice.

"Private branch exchange" or "PBX" means a private

telephone system and associated equipment located on the user's

property that provides communications between internal

stations and external networks.

"Private business switch service" means a

telecommunications service including centrex type service and

PBX service, even though key telephone systems or equivalent

telephone systems registered with the Federal Communications

Commission under 47 C.F.R. Part 68 are directly connected to

centrex type and PBX systems providing 9-1-1 services equipped

for switched local network connections or 9-1-1 system access

to business end users through a private telephone switch.

"Private business switch service" means network and

premises based systems including a VoIP, Centrex type service,

or PBX service, even though does not include key telephone

systems or equivalent telephone systems registered with the

Federal Communications Commission under 47 C.F.R. Part 68 are

directly connected to Centrex when not used in conjunction with

centrex type and PBX systems. "Private business switch service"

does not include key telephone systems or equivalent telephone

systems registered with the Federal Communications Commission

under 47 C.F.R. Part 68 when not used in conjunction with a

VoIP, Centrex type, or PBX systems. "Private business switch

service" typically includes, but is not limited to, private

businesses, corporations, and industries where the

telecommunications service is primarily for conducting

business.

"Private residential switch service" means network and

premise based systems a telecommunications service including a

VoIP, Centrex centrex type service, or and PBX service or , even

though key telephone systems or equivalent telephone systems

registered with the Federal Communications Commission under 47

C.F.R. Part 68 that are directly connected to a VoIP, Centrex

centrex type service, or and PBX systems providing 9-1-1

services equipped for switched local network connections or

9-1-1 system access to residential end users through a private

telephone switch. "Private residential switch service" does

not include key telephone systems or equivalent telephone

systems registered with the Federal Communications Commission

under 47 C.F.R. Part 68 when not used in conjunction with a

VoIP, Centrex centrex type, or and PBX systems. "Private

residential switch service" typically includes, but is not

limited to, apartment complexes, condominiums, and campus or

university environments where shared tenant service is

provided and where the usage of the telecommunications service

is primarily residential.

"Public agency" means the State, and any unit of local

government or special purpose district located in whole or in

part within this State, that provides or has authority to

provide firefighting, police, ambulance, medical, or other

emergency services.

"Public safety agency" means a functional division of a

public agency that provides firefighting, police, medical, or

other emergency services to respond to and manage emergency

incidents. For the purpose of providing wireless service to

users of 9-1-1 emergency services, as expressly provided for in

this Act, the Department of State Police may be considered a

public safety agency.

"Public safety answering point" or "PSAP" is a set of

call-takers authorized by a governing body and operating under

common management that receive 9-1-1 calls and asynchronous

event notifications for a defined geographic area and processes

those calls and events according to a specified operational

policy means the initial answering location of an emergency

call.

"Qualified governmental entity" means a unit of local

government authorized to provide 9-1-1 services pursuant to

this Act where no emergency telephone system board exists.

"Referral method" means a 9-1-1 service in which the PSAP

telecommunicator provides the calling party with the telephone

number of the appropriate public safety agency or other

provider of emergency services.

"Regular service" means any telecommunications service,

other than advanced service, that is capable of transporting

either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency.

"Relay method" means a 9-1-1 service in which the PSAP

telecommunicator takes the pertinent information from a caller

and relays that information to the appropriate public safety

agency or other provider of emergency services.

"Remit period" means the billing period, one month in

duration, for which a wireless carrier remits a surcharge and

provides subscriber information by zip code to the Department,

in accordance with Section 20 of this Act.

"Secondary Answering Point" or "SAP" means a location,

other than a PSAP, that is able to receive the voice, data, and

call back number of E9-1-1 or NG9-1-1 emergency calls

transferred from a PSAP and completes the call taking process

by dispatching police, medical, fire, or other emergency

responders.

"Statewide wireless emergency 9-1-1 system" means all

areas of the State where an emergency telephone system board

or, in the absence of an emergency telephone system board, a

qualified governmental entity, has not declared its intention

for one or more of its public safety answering points to serve

as a primary wireless 9-1-1 public safety answering point for

its jurisdiction. The operator of the statewide wireless

emergency 9-1-1 system shall be the Department of State Police.

"System" means the communications equipment and related

software applications required to produce a response by the

appropriate emergency public safety agency or other provider of

emergency services as a result of an emergency call being

placed to 9-1-1.

"System provider" means the contracted entity providing

9-1-1 network and database services.

"Telecommunications carrier" means those entities included

within the definition specified in Section 13-202 of the Public

Utilities Act, and includes those carriers acting as resellers

of telecommunications services. "Telecommunications carrier"

includes telephone systems operating as mutual concerns.

"Telecommunications carrier" does not include a wireless

carrier.

"Telecommunications technology" means equipment that can

send and receive written messages over the telephone network.

"Transfer method" means a 9-1-1 service in which the PSAP

telecommunicator receiving a call transfers that call to the

appropriate public safety agency or other provider of emergency

services.

"Transmitting messages" shall have the meaning given to

that term under Section 8-11-2 of the Illinois Municipal Code.

"Trunk line" means a transmission path, or group of

transmission paths, connecting a subscriber's PBX to a

telecommunications carrier's public switched network. In the

case of regular service, each voice grade communications

channel or equivalent amount of bandwidth capable of

transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency shall be

considered a trunk line, even if it is bundled with other

channels or additional bandwidth. In the case of advanced

service, each DS-1, T-1, or other similar un-channelized or

multi-channel transmission facility that is capable of

transporting either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency shall be

considered a single trunk line, even if it contains multiple

voice grade communications channels or otherwise supports 2 or

more voice grade calls at a time; provided, however, that each

additional increment of up to 24 voice grade channels 1.544

Mbps of transmission capacity that is capable of transporting

either the subscriber's inter-premises voice

telecommunications services to the public switched network or

the subscriber's 9-1-1 calls to the public agency shall be

considered an additional trunk line.

"Unmanned backup PSAP" means a public safety answering

point that serves as an alternate to the PSAP at an alternate

location and is typically unmanned but can be activated if the

primary PSAP is disabled.

"Virtual answering point" or "VAP" means a temporary or

nonpermanent location that is capable of receiving an emergency

call, contains a fully functional worksite that is not bound to

a specific location, but rather is portable and scalable,

connecting emergency call takers or dispatchers to the work

process, and is capable of completing the call dispatching

process.

"Voice-impaired individual" means a person with a

permanent speech disability which precludes oral

communication, who can regularly and routinely communicate by

telephone only through the aid of devices which can send and

receive written messages over the telephone network.

"Wireless carrier" means a provider of two-way cellular,

broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial

Mobile Radio Service (CMRS), Wireless Communications Service

(WCS), or other Commercial Mobile Radio Service (CMRS), as

defined by the Federal Communications Commission, offering

radio communications that may provide fixed, mobile, radio

location, or satellite communication services to individuals

or businesses within its assigned spectrum block and

geographical area or that offers real-time, two-way voice

service that is interconnected with the public switched

network, including a reseller of such service.

"Wireless enhanced 9-1-1" means the ability to relay the

telephone number of the originator of a 9-1-1 call and location

information from any mobile handset or text telephone device

accessing the wireless system to the designated wireless public

safety answering point as set forth in the order of the Federal

Communications Commission, FCC Docket No. 94-102, adopted June

12, 1996, with an effective date of October 1, 1996, and any

subsequent amendment thereto.

"Wireless public safety answering point" means the

functional division of a 9-1-1 authority accepting wireless

9-1-1 calls.

"Wireless subscriber" means an individual or entity to whom

a wireless service account or number has been assigned by a

wireless carrier, other than an account or number associated

with prepaid wireless telecommunication service.

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

(50 ILCS 750/3) (from Ch. 134, par. 33)

Sec. 3. (a) By July 1, 2017, every local public agency

shall be within the jurisdiction of a 9-1-1 system.

(b) By July 1, 2020, every 9-1-1 system in Illinois shall

provide Next Generation 9-1-1 service.

(c) Nothing in this Act shall be construed to prohibit or

discourage in any way the formation of multijurisdictional or

regional systems, and any system established pursuant to this

Act may include the territory of more than one public agency or

may include a segment of the territory of a public agency.

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

(50 ILCS 750/4) (from Ch. 134, par. 34)

Sec. 4. Every system shall include police, firefighting,

and emergency medical and ambulance services, and may include

other emergency services. The system may incorporate private

ambulance service. In those areas in which a public safety

agency of the State provides such emergency services, the

system shall include such public safety agencies.

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

(50 ILCS 750/5) (from Ch. 134, par. 35)

Sec. 5. The digits "9-1-1" shall be the primary emergency

telephone number within the system, but a public agency or

public safety agency shall maintain a separate secondary seven

digit emergency backup number for at least six months after the

"9-1-1" system is established and in operation, and shall

maintain a separate number for nonemergency telephone calls.

(Source: P.A. 85-978.)

(50 ILCS 750/6) (from Ch. 134, par. 36)

Sec. 6. Capabilities of system; pay telephones. All systems

shall be designed to meet the specific requirements of each

community and public agency served by the system. Every system

shall be designed to have the capability of utilizing the

direct dispatch method, relay method, transfer method, or

referral method in response to emergency calls. The General

Assembly finds and declares that the most critical aspect of

the design of any system is the procedure established for

handling a telephone request for emergency services.

In addition, to maximize efficiency and utilization of the

system, all pay telephones within each system shall enable a

caller to dial "9-1-1" for emergency services without the

necessity of inserting a coin. This paragraph does not apply to

pay telephones located in penal institutions, as defined in

Section 2-14 of the Criminal Code of 2012, that have been

designated for the exclusive use of committed persons.

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

(50 ILCS 750/6.1) (from Ch. 134, par. 36.1)

Sec. 6.1. Every 9-1-1 system shall be readily accessible to

hearing-impaired and voice-impaired individuals through the

use of telecommunications technology for hearing-impaired and

speech-impaired individuals.

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

(50 ILCS 750/7) (from Ch. 134, par. 37)

Sec. 7. The General Assembly finds that, because of

overlapping jurisdiction of public agencies, public safety

agencies and telephone service areas, the Administrator, with

the advice and recommendation of the Statewide 9-1-1 Advisory

Board, shall establish a general overview or plan to effectuate

the purposes of this Act within the time frame provided in this

Act. In order to insure that proper preparation and

implementation of emergency telephone systems are accomplished

by all public agencies as required under this Act, the

Department, with the advice and assistance of the Attorney

General, shall secure compliance by public agencies as provided

in this Act.

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

(50 ILCS 750/8) (from Ch. 134, par. 38)

Sec. 8. The Administrator, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, shall

coordinate the implementation of systems established under

this Act. To assist with this coordination, all systems

authorized to operate under this Act shall register with the

Administrator information regarding its composition and

organization, including, but not limited to, identification of

all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs.

The Department may adopt rules for the administration of this

Section.

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

(50 ILCS 750/10) (from Ch. 134, par. 40)

Sec. 10. (a) The Administrator, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, shall

establish uniform technical and operational standards for all

9-1-1 systems in Illinois. All findings, orders, decisions,

rules, and regulations issued or promulgated by the Commission

under this Act or any other Act establishing or conferring

power on the Commission with respect to emergency

telecommunications services, shall continue in force.

Notwithstanding the provisions of this Section, where

applicable, the Administrator shall, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, amend the

Commission's findings, orders, decisions, rules, and

regulations to conform to the specific provisions of this Act

as soon as practicable after the effective date of this

amendatory Act of the 99th General Assembly.

(b) The Department may adopt emergency rules necessary to

implement the provisions of this amendatory Act of the 99th

General Assembly under subsection (t) of Section 5-45 of the

Illinois Administrative Procedure Act.

(c) Nothing in this Act shall deprive the Commission of any

authority to regulate the provision by telecommunication

carriers or 9-1-1 system service providers of

telecommunication or other services under the Public Utilities

Act.

(d) For rules that implicate both the regulation of 9-1-1

authorities under this Act and the regulation of

telecommunication carriers and 9-1-1 system service providers

under the Public Utilities Act, the Department and the

Commission may adopt joint rules necessary for implementation.

(e) Any findings, orders, or decisions of the Administrator

under this Section shall be deemed a final administrative

decision and shall be subject to judicial review under the

Administrative Review Law.

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

(50 ILCS 750/10.1) (from Ch. 134, par. 40.1)

Sec. 10.1. Confidentiality.

(a) 9-1-1 information consisting of names, addresses and

telephone numbers of telephone customers whose listings are not

published in directories or listed in Directory Assistance

Offices is confidential. Except as provided in subsection (b),

information shall be provided on a call-by-call basis only for

the purpose of responding to emergency calls. For the purposes

of this subsection (a), "emergency" means a situation in which

property or human life is in jeopardy and the prompt

notification of the public safety agency is essential.

(b) 9-1-1 information, including information described in

subsection (a), may be used by a public safety agency for the

purpose of placing out-going emergency calls.

(c) Nothing in this Section prohibits a municipality with a

population of more than 500,000 from using 9-1-1 information,

including information described in subsection (a), for the

purpose of responding to calls made to a non-emergency

telephone system that is under the supervision and control of a

public safety agency and that shares all or some facilities

with an emergency telephone system.

(d) Any public safety agency that uses 9-1-1 information

for the purposes of subsection (b) must establish methods and

procedures that ensure the confidentiality of information as

required by subsection (a).

(e) Divulging confidential information in violation of

this Section is a Class A misdemeanor.

(Source: P.A. 92-383, eff. 1-1-02.)

(50 ILCS 750/10.2) (from Ch. 134, par. 40.2)

Sec. 10.2. The Emergency Telephone System Board and the

Chairman of the County Board in any county implementing a 9-1-1

system shall ensure that all areas of the county are included

in the system.

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

(50 ILCS 750/10.3)

Sec. 10.3. Notice of address change. The Emergency

Telephone System Board or qualified governmental entity in any

county implementing a 9-1-1 system that changes any person's

address (when the person whose address has changed has not

moved to a new residence) shall notify the person (i) of the

person's new address and (ii) that the person should contact

the local election authority to determine if the person should

re-register to vote.

(Source: P.A. 90-664, eff. 7-30-98.)

(50 ILCS 750/11) (from Ch. 134, par. 41)

Sec. 11. All local public agencies operating a 9-1-1 system

shall operate under a plan that has been filed with and

approved by the Commission prior to January 1, 2016, or the

Administrator. Plans filed under this Section shall conform to

minimum standards established pursuant to Section 10.

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

(50 ILCS 750/12) (from Ch. 134, par. 42)

Sec. 12. The Attorney General may, on in behalf of the

Department or on his own initiative, commence judicial

proceedings to enforce compliance by any public agency or

public utility providing telephone service with this Act.

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

(50 ILCS 750/14) (from Ch. 134, par. 44)

Sec. 14. The General Assembly declares that a major purpose

of in enacting this Act is to ensure that 9-1-1 systems have

redundant methods of dispatch for: (1) each public safety

agency within its jurisdiction, herein known as participating

agencies; and (2) 9-1-1 systems whose jurisdictional

boundaries are contiguous, herein known as adjacent 9-1-1

systems, when an emergency request for service is received for

a public safety agency that needs to be dispatched by the

adjacent 9-1-1 system. Another primary purpose of this Section

is to eliminate instances in which a public safety agency

responding emergency service refuses, once dispatched, to

render aid to the requester because the requester is outside of

the jurisdictional boundaries of the public safety agency

emergency service. Therefore, in implementing a 9-1-1 system

systems under this Act, all 9-1-1 authorities public agencies

in a single system shall enter into call handling and aid

outside jurisdictional boundaries agreements with each

participating agency and adjacent 9-1-1 system a joint powers

agreement or any other form of written cooperative agreement

which is applicable when need arises on a day-to-day basis.

Certified notification of the continuation of such agreements

shall be made among the involved parties on an annual basis. In

addition, such agreements shall be entered into between public

agencies and public safety agencies which are part of different

systems but whose jurisdictional boundaries are contiguous.

The agreements shall provide a primary and secondary means of

dispatch. It must also provide that, once an emergency unit is

dispatched in response to a request through the system, such

unit shall render its services to the requesting party without

regard to whether the unit is operating outside its normal

jurisdictional boundaries. Certified notification of the

continuation of call handling and aid outside jurisdictional

boundaries agreements shall be made among the involved parties

on an annual basis.

(Source: P.A. 86-101.)

(50 ILCS 750/15) (from Ch. 134, par. 45)

Sec. 15. Copies of the annual certified notification of

continuing agreement required by Section 14 shall be filed with

the Attorney General and the Administrator. All such agreements

shall be so filed prior to the 31st day of January. The

Attorney General shall commence judicial proceedings to

enforce compliance with this Section and Section 14, where a

public agency or public safety agency has failed to timely

enter into such agreement or file copies thereof.

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

(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)

Sec. 15.1. Public body; exemption from civil liability for

developing or operating emergency telephone system.

(a) In no event shall a public agency, the Commission, the

Statewide 9-1-1 Advisory Board, the Administrator, the

Department of State Police, public safety agency, public safety

answering point, emergency telephone system board, or unit of

local government assuming the duties of an emergency telephone

system board, or carrier, or its officers, employees, assigns,

or agents be liable for any civil damages or criminal liability

that directly or indirectly results from, or is caused by, any

act or omission in the development, design, installation,

operation, maintenance, performance, or provision of 9-1-1

service required by this Act, unless the act or omission

constitutes gross negligence, recklessness, or intentional

misconduct.

A unit of local government, the Commission, the Statewide

9-1-1 Advisory Board, the Administrator, the Department of

State Police, public safety agency, public safety answering

point, emergency telephone system board, or carrier, or its

officers, employees, assigns, or agents, shall not be liable

for any form of civil damages or criminal liability that

directly or indirectly results from, or is caused by, the

release of subscriber information to any governmental entity as

required under the provisions of this Act, unless the release

constitutes gross negligence, recklessness, or intentional

misconduct.

(b) Exemption from civil liability for emergency

instructions is as provided in the Good Samaritan Act.

(c) This Section may not be offered as a defense in any

judicial proceeding brought by the Attorney General under

Section 12 to compel compliance with this Act.

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

(50 ILCS 750/15.2) (from Ch. 134, par. 45.2)

Sec. 15.2. Any person calling the number "911" for the

purpose of making a false alarm or complaint and reporting

false information is subject to the provisions of Section 26-1

of the Criminal Code of 2012.

(Source: P.A. 97-1150, eff. 1-25-13.)

(50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)

Sec. 15.2a. The installation of or connection to a

telephone company's network of any automatic alarm, automatic

alerting device, or mechanical dialer that causes the number

9-1-1 to be dialed in order to directly access emergency

services is prohibited in a 9-1-1 system.

This Section does not apply to a person who connects to a

9-1-1 network using automatic crash notification technology

subject to an established protocol.

This Section does not apply to devices used to enable

access to the 9-1-1 system for cognitively-impaired or special

needs persons or for persons with disabilities in an emergency

situation reported by a caregiver after initiating a missing

person's report. The device must have the capability to be

activated and controlled remotely by trained personnel at a

service center to prevent falsely activated or repeated calls

to the 9-1-1 system in a single incident. The device must have

the technical capability to generate location information to

the 9-1-1 system. Under no circumstances shall a device be sold

for use in a geographical jurisdiction where the 9-1-1 system

has not deployed wireless phase II location technology. The

alerting device shall also provide for either 2-way

communication or send a pre-recorded message to a 9-1-1

provider explaining the nature of the emergency so that the

9-1-1 provider will be able to dispatch the appropriate

emergency responder.

Violation of this Section is a Class A misdemeanor. A

second or subsequent violation of this Section is a Class 4

felony.

(Source: P.A. 99-143, eff. 7-27-15.)

(50 ILCS 750/15.2b)

Sec. 15.2b. Emergency telephone number; advertising. No

person or private entity may advertise or otherwise publicize

the availability of services provided by a specific provider

and indicate that a consumer should obtain access to services

provided by a specific provider by use of the emergency

telephone number (9-1-1).

(Source: P.A. 88-497.)

(50 ILCS 750/15.2c)

Sec. 15.2c. Call boxes. No carrier shall be required to

provide a call box. For purposes of this Section, the term

"call box" means a device that is normally mounted to an

outside wall of the serving telecommunications carrier central

office and designed to provide emergency on-site answering by

authorized personnel at the central office location in the

event a central office is isolated from the 9-1-1 network.

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

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

Sec. 15.3. Local non-wireless surcharge.

(a) Except as provided in subsection (l) of this Section,

the corporate authorities of any municipality or any county

may, subject to the limitations of subsections (c), (d), and

(h), and in addition to any tax levied pursuant to the

Simplified Municipal Telecommunications Tax Act, impose a

monthly surcharge on billed subscribers of network connection

provided by telecommunication carriers engaged in the business

of transmitting messages by means of electricity originating

within the corporate limits of the municipality or county

imposing the surcharge at a rate per network connection

determined in accordance with subsection (c), however the

monthly surcharge shall not apply to a network connection

provided for use with pay telephone services. Provided,

however, that where multiple voice grade communications

channels are connected between the subscriber's premises and a

public switched network through private branch exchange (PBX)

or centrex type service, a municipality imposing a surcharge at

a rate per network connection, as determined in accordance with

this Act, shall impose:

(i) in a municipality with a population of 500,000 or

less or in any county, 5 such surcharges per network

connection, as defined under Section 2 determined in

accordance with subsections (a) and (d) of Section 2.12 of

this Act, for both regular service and advanced service

provisioned trunk lines;

(ii) in a municipality with a population, prior to

March 1, 2010, of 500,000 or more, 5 surcharges per network

connection, as defined under Section 2 determined in

accordance with subsections (a) and (d) of Section 2.12 of

this Act, for both regular service and advanced service

provisioned trunk lines;

(iii) in a municipality with a population, as of March

1, 2010, of 500,000 or more, 5 surcharges per network

connection, as defined under Section 2 determined in

accordance with subsections (a) and (d) of Section 2.12 of

this Act, for regular service provisioned trunk lines, and

12 surcharges per network connection, as defined under

Section 2 determined in accordance with subsections (a) and

(d) of Section 2.12 of this Act, for advanced service

provisioned trunk lines, except where an advanced service

provisioned trunk line supports at least 2 but fewer than

23 simultaneous voice grade calls ("VGC's"), a

telecommunication carrier may elect to impose fewer than 12

surcharges per trunk line as provided in subsection (iv) of

this Section; or

(iv) for an advanced service provisioned trunk line

connected between the subscriber's premises and the public

switched network through a P.B.X., where the advanced

service provisioned trunk line is capable of transporting

at least 2 but fewer than 23 simultaneous VGC's per trunk

line, the telecommunications carrier collecting the

surcharge may elect to impose surcharges in accordance with

the table provided in this Section, without limiting any

telecommunications carrier's obligations to otherwise keep

and maintain records. Any telecommunications carrier

electing to impose fewer than 12 surcharges per an advanced

service provisioned trunk line shall keep and maintain

records adequately to demonstrate the VGC capability of

each advanced service provisioned trunk line with fewer

than 12 surcharges imposed, provided that 12 surcharges

shall be imposed on an advanced service provisioned trunk

line regardless of the VGC capability where a

telecommunications carrier cannot demonstrate the VGC

capability of the advanced service provisioned trunk line.

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

Subsections (i), (ii), (iii), and (iv) are not intended to

make any change in the meaning of this Section, but are

intended to remove possible ambiguity, thereby confirming the

intent of paragraph (a) as it existed prior to and following

the effective date of this amendatory Act of the 97th General

Assembly.

For mobile telecommunications services, if a surcharge is

imposed it shall be imposed based upon the municipality or

county that encompasses the customer's place of primary use as

defined in the Mobile Telecommunications Sourcing Conformity

Act. A municipality may enter into an intergovernmental

agreement with any county in which it is partially located,

when the county has adopted an ordinance to impose a surcharge

as provided in subsection (c), to include that portion of the

municipality lying outside the county in that county's

surcharge referendum. If the county's surcharge referendum is

approved, the portion of the municipality identified in the

intergovernmental agreement shall automatically be

disconnected from the county in which it lies and connected to

the county which approved the referendum for purposes of a

surcharge on telecommunications carriers.

(b) For purposes of computing the surcharge imposed by

subsection (a), the network connections to which the surcharge

shall apply shall be those in-service network connections,

other than those network connections assigned to the

municipality or county, where the service address for each such

network connection or connections is located within the

corporate limits of the municipality or county levying the

surcharge. Except for mobile telecommunication services, the

"service address" shall mean the location of the primary use of

the network connection or connections. For mobile

telecommunication services, "service address" means the

customer's place of primary use as defined in the Mobile

Telecommunications Sourcing Conformity Act.

(c) Upon the passage of an ordinance to impose a surcharge

under this Section the clerk of the municipality or county

shall certify the question of whether the surcharge may be

imposed to the proper election authority who shall submit the

public question to the electors of the municipality or county

in accordance with the general election law; provided that such

question shall not be submitted at a consolidated primary

election. The public question shall be in substantially the

following form:

-------------------------------------------------------------

Shall the county (or city, village

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

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

network connection, which surcharge will

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

for telephone or telecommunications

charges, for the purpose of installing

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

Telephone System?

-------------------------------------------------------------

If a majority of the votes cast upon the public question

are in favor thereof, the surcharge shall be imposed.

However, if a Joint Emergency Telephone System Board is to

be created pursuant to an intergovernmental agreement under

Section 15.4, the ordinance to impose the surcharge shall be

subject to the approval of a majority of the total number of

votes cast upon the public question by the electors of all of

the municipalities or counties, or combination thereof, that

are parties to the intergovernmental agreement.

The referendum requirement of this subsection (c) shall not

apply to any municipality with a population over 500,000 or to

any county in which a proposition as to whether a sophisticated

9-1-1 Emergency Telephone System should be installed in the

county, at a cost not to exceed a specified monthly amount per

network connection, has previously been approved by a majority

of the electors of the county voting on the proposition at an

election conducted before the effective date of this amendatory

Act of 1987.

(d) A county may not impose a surcharge, unless requested

by a municipality, in any incorporated area which has

previously approved a surcharge as provided in subsection (c)

or in any incorporated area where the corporate authorities of

the municipality have previously entered into a binding

contract or letter of intent with a telecommunications carrier

to provide sophisticated 9-1-1 service through municipal

funds.

(e) A municipality or county may at any time by ordinance

change the rate of the surcharge imposed under this Section if

the new rate does not exceed the rate specified in the

referendum held pursuant to subsection (c).

(f) The surcharge authorized by this Section shall be

collected from the subscriber by the telecommunications

carrier providing the subscriber the network connection as a

separately stated item on the subscriber's bill.

(g) The amount of surcharge collected by the

telecommunications carrier shall be paid to the particular

municipality or county or Joint Emergency Telephone System

Board not later than 30 days after the surcharge is collected,

net of any network or other 9-1-1 or sophisticated 9-1-1 system

charges then due the particular telecommunications carrier, as

shown on an itemized bill. The telecommunications carrier

collecting the surcharge shall also be entitled to deduct 3% of

the gross amount of surcharge collected to reimburse the

telecommunications carrier for the expense of accounting and

collecting the surcharge.

(h) Except as expressly provided in subsection (a) of this

Section, on or after the effective date of this amendatory Act

of the 98th General Assembly and until December 31, 2017, July

1, 2017, a municipality with a population of 500,000 or more

shall not impose a monthly surcharge per network connection in

excess of the highest monthly surcharge imposed as of January

1, 2014 by any county or municipality under subsection (c) of

this Section. Beginning January 1, 2018 and until December 31,

2020, a municipality with a population over 500,000 may not

impose a monthly surcharge in excess of $5.00 per network

connection. On or after January 1, 2021, July 1, 2017, a

municipality with a population over 500,000 may not impose a

monthly surcharge in excess of $2.50 per network connection.

(i) Any municipality or county or joint emergency telephone

system board that has imposed a surcharge pursuant to this

Section prior to the effective date of this amendatory Act of

1990 shall hereafter impose the surcharge in accordance with

subsection (b) of this Section.

(j) The corporate authorities of any municipality or county

may issue, in accordance with Illinois law, bonds, notes or

other obligations secured in whole or in part by the proceeds

of the surcharge described in this Section. The State of

Illinois pledges and agrees that it will not limit or alter the

rights and powers vested in municipalities and counties by this

Section to impose the surcharge so as to impair the terms of or

affect the security for bonds, notes or other obligations

secured in whole or in part with the proceeds of the surcharge

described in this Section. The pledge and agreement set forth

in this Section survive the termination of the surcharge under

subsection (l) by virtue of the replacement of the surcharge

monies guaranteed under Section 20; the State of Illinois

pledges and agrees that it will not limit or alter the rights

vested in municipalities and counties to the surcharge

replacement funds guaranteed under Section 20 so as to impair

the terms of or affect the security for bonds, notes or other

obligations secured in whole or in part with the proceeds of

the surcharge described in this Section.

(k) Any surcharge collected by or imposed on a

telecommunications carrier pursuant to this Section shall be

held to be a special fund in trust for the municipality, county

or Joint Emergency Telephone Board imposing the surcharge.

Except for the 3% deduction provided in subsection (g) above,

the special fund shall not be subject to the claims of

creditors of the telecommunication carrier.

(l) On and after the effective date of this amendatory Act

of the 99th General Assembly, no county or municipality, other

than a municipality with a population over 500,000, may impose

a monthly surcharge under this Section in excess of the amount

imposed by it on the effective date of this Act. Any surcharge

imposed pursuant to this Section by a county or municipality,

other than a municipality with a population in excess of

500,000, shall cease to be imposed on January 1, 2016.

(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)

(50 ILCS 750/15.3a)

Sec. 15.3a. Local wireless surcharge.

(a) Notwithstanding any other provision of this Act, a unit

of local government or emergency telephone system board

providing wireless 9-1-1 service and imposing and collecting a

wireless carrier surcharge prior to July 1, 1998 may continue

its practices of imposing and collecting its wireless carrier

surcharge, but, except as provided in subsection (b) of this

Section, in no event shall that monthly surcharge exceed $2.50

per commercial mobile radio service (CMRS) connection or

in-service telephone number billed on a monthly basis. For

mobile telecommunications services provided on and after

August 1, 2002, any surcharge imposed shall be imposed based

upon the municipality or county that encompasses the customer's

place of primary use as defined in the Mobile

Telecommunications Sourcing Conformity Act.

(b) Until December 31, 2017, July 1, 2017, the corporate

authorities of a municipality with a population in excess of

500,000 on the effective date of this amendatory Act of the

99th General Assembly may by ordinance continue to impose and

collect a monthly surcharge per commercial mobile radio service

(CMRS) connection or in-service telephone number billed on a

monthly basis that does not exceed the highest monthly

surcharge imposed as of January 1, 2014 by any county or

municipality under subsection (c) of Section 15.3 of this Act.

Beginning January 1, 2018, and until December 31, 2020, a

municipality with a population in excess of 500,000 may by

ordinance continue to impose and collect a monthly surcharge

per commercial mobile radio service (CMRS) connection or

in-service telephone number billed on a monthly basis that does

not exceed $5.00. On or after January 1, 2021, July 1, 2017,

the municipality may continue imposing and collecting its

wireless carrier surcharge as provided in and subject to the

limitations of subsection (a) of this Section.

(c) In addition to any other lawful purpose, a municipality

with a population over 500,000 may use the moneys collected

under this Section for any anti-terrorism or emergency

preparedness measures, including, but not limited to,

preparedness planning, providing local matching funds for

federal or State grants, personnel training, and specialized

equipment, including surveillance cameras, as needed to deal

with natural and terrorist-inspired emergency situations or

events.

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

(50 ILCS 750/15.4) (from Ch. 134, par. 45.4)

Sec. 15.4. Emergency Telephone System Board; powers.

(a) Except as provided in subsection (e) of this Section,

the corporate authorities of any county or municipality may

establish an Emergency Telephone System Board.

The corporate authorities shall provide for the manner of

appointment and the number of members of the Board, provided

that the board shall consist of not fewer than 5 members, one

of whom must be a public member who is a resident of the local

exchange service territory included in the 9-1-1 coverage area,

one of whom (in counties with a population less than 100,000)

may be a member of the county board, and at least 3 of whom

shall be representative of the 9-1-1 public safety agencies,

including but not limited to police departments, fire

departments, emergency medical services providers, and

emergency services and disaster agencies, and appointed on the

basis of their ability or experience. In counties with a

population of more than 100,000 but less than 2,000,000, a

member of the county board may serve on the Emergency Telephone

System Board. Elected officials, including members of a county

board, are also eligible to serve on the board. Members of the

board shall serve without compensation but shall be reimbursed

for their actual and necessary expenses. Any 2 or more

municipalities, counties, or combination thereof, may, instead

of establishing individual boards, establish by

intergovernmental agreement a Joint Emergency Telephone System

Board pursuant to this Section. The manner of appointment of

such a joint board shall be prescribed in the agreement. On or

after the effective date of this amendatory Act of the 100th

General Assembly, any new intergovernmental agreement entered

into to establish or join a Joint Emergency Telephone System

Board shall provide for the appointment of a PSAP

representative to the board.

Upon the effective date of this amendatory Act of the 98th

General Assembly, appointed members of the Emergency Telephone

System Board shall serve staggered 3-year terms if: (1) the

Board serves a county with a population of 100,000 or less; and

(2) appointments, on the effective date of this amendatory Act

of the 98th General Assembly, are not for a stated term. The

corporate authorities of the county or municipality shall

assign terms to the board members serving on the effective date

of this amendatory Act of the 98th General Assembly in the

following manner: (1) one-third of board members' terms shall

expire on January 1, 2015; (2) one-third of board members'

terms shall expire on January 1, 2016; and (3) remaining board

members' terms shall expire on January 1, 2017. Board members

may be re-appointed upon the expiration of their terms by the

corporate authorities of the county or municipality.

The corporate authorities of a county or municipality may,

by a vote of the majority of the members elected, remove an

Emergency Telephone System Board member for misconduct,

official misconduct, or neglect of office.

(b) The powers and duties of the board shall be defined by

ordinance of the municipality or county, or by

intergovernmental agreement in the case of a joint board. The

powers and duties shall include, but need not be limited to the

following:

(1) Planning a 9-1-1 system.

(2) Coordinating and supervising the implementation,

upgrading, or maintenance of the system, including the

establishment of equipment specifications and coding

systems.

(3) Receiving moneys from the surcharge imposed under

Section 15.3, or disbursed to it under Section 30, and from

any other source, for deposit into the Emergency Telephone

System Fund.

(4) Authorizing all disbursements from the fund.

(5) Hiring any staff necessary for the implementation

or upgrade of the system.

(6) (Blank).

(c) All moneys received by a board pursuant to a surcharge

imposed under Section 15.3, or disbursed to it under Section

30, shall be deposited into a separate interest-bearing

Emergency Telephone System Fund account. The treasurer of the

municipality or county that has established the board or, in

the case of a joint board, any municipal or county treasurer

designated in the intergovernmental agreement, shall be

custodian of the fund. All interest accruing on the fund shall

remain in the fund. No expenditures may be made from such fund

except upon the direction of the board by resolution passed by

a majority of all members of the board.

(d) The board shall complete a Master Street Address Guide

database before implementation of the 9-1-1 system. The error

ratio of the database shall not at any time exceed 1% of the

total database.

(e) On and after January 1, 2016, no municipality or county

may create an Emergency Telephone System Board unless the board

is a Joint Emergency Telephone System Board. The corporate

authorities of any county or municipality entering into an

intergovernmental agreement to create or join a Joint Emergency

Telephone System Board shall rescind an the ordinance or

ordinances creating a single the original Emergency Telephone

System Board and shall eliminate the single Emergency Telephone

System Board, effective upon the creation of the Joint

Emergency Telephone System Board, with regulatory approval by

the Administrator, or joining of the Joint Emergency Telephone

System Board. Nothing in this Section shall be construed to

require the dissolution of an Emergency Telephone System Board

that is not succeeded by a Joint Emergency Telephone System

Board or is not required to consolidate under Section 15.4a of

this Act.

(f) Within one year after the effective date of this

amendatory Act of the 100th General Assembly, any corporate

authorities of a county or municipality, other than a

municipality with a population of more than 500,000, operating

a 9-1-1 system without an Emergency Telephone System Board or

Joint Emergency Telephone System Board shall create or join a

Joint Emergency Telephone System Board.

(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.)

(50 ILCS 750/15.4a)

Sec. 15.4a. Consolidation.

(a) By July 1, 2017, and except as otherwise provided in

this Section, Emergency Telephone System Boards, Joint

Emergency Telephone System Boards, qualified governmental

entities, and PSAPs shall be consolidated as follows, subject

to subsections (b) and (c) of this Section:

(1) In any county with a population of at least 250,000

that has a single Emergency Telephone System Board, or

qualified governmental entity and more than 2 PSAPs, shall

reduce the number of PSAPs by at least 50% or to 2 PSAPs,

whichever is greater. Nothing in this paragraph shall

preclude consolidation resulting in one PSAP in the county.

(2) In any county with a population of at least 250,000

that has more than one Emergency Telephone System Board,

Joint Emergency Telephone System Board, or qualified

governmental entity, any 9-1-1 Authority serving a

population of less than 25,000 shall be consolidated such

that no 9-1-1 Authority in the county serves a population

of less than 25,000.

(3) In any county with a population of at least 250,000

but less than 1,000,000 that has more than one Emergency

Telephone System Board, Joint Emergency Telephone System

Board, or qualified governmental entity, each 9-1-1

Authority shall reduce the number of PSAPs by at least 50%

or to 2 PSAPs, whichever is greater. Nothing in this

paragraph shall preclude consolidation of a 9-1-1

Authority into a Joint Emergency Telephone System Board,

and nothing in this paragraph shall preclude consolidation

resulting in one PSAP in the county.

(4) In any county with a population of less than

250,000 that has a single Emergency Telephone System Board

or qualified governmental entity and more than 2 PSAPs, the

9-1-1 Authority shall reduce the number of PSAPs by at

least 50% or to 2 PSAPs, whichever is greater. Nothing in

this paragraph shall preclude consolidation resulting in

one PSAP in the county.

(5) In any county with a population of less than

250,000 that has more than one Emergency Telephone System

Board, Joint Emergency Telephone System Board, or

qualified governmental entity and more than 2 PSAPS, the

9-1-1 Authorities shall be consolidated into a single joint

board, and the number of PSAPs shall be reduced by at least

50% or to 2 PSAPs, whichever is greater. Nothing in this

paragraph shall preclude consolidation resulting in one

PSAP in the county.

(6) Any 9-1-1 Authority that does not have a PSAP

within its jurisdiction shall be consolidated through an

intergovernmental agreement with an existing 9-1-1

Authority that has a PSAP to create a Joint Emergency

Telephone Board.

(7) The corporate authorities of each county that has

no 9-1-1 service as of January 1, 2016 shall provide

enhanced 9-1-1 wireline and wireless enhanced 9-1-1

service for that county by either (i) entering into an

intergovernmental agreement with an existing Emergency

Telephone System Board to create a new Joint Emergency

Telephone System Board, or (ii) entering into an

intergovernmental agreement with the corporate authorities

that have created an existing Joint Emergency Telephone

System Board.

(b) By July 1, 2016, each county required to consolidate

pursuant to paragraph (7) of subsection (a) of this Section and

each 9-1-1 Authority required to consolidate pursuant to

paragraphs (1) through (6) of subsection (a) of this Section

shall file a plan for consolidation or a request for a waiver

pursuant to subsection (c) of this Section with the Office

Division of the Statewide 9-1-1 Administrator.

(1) No county or 9-1-1 Authority may avoid the

requirements of this Section by converting primary PSAPs to

secondary or virtual answering points. Any county or 9-1-1

Authority not in compliance with this Section shall be

ineligible to receive consolidation grant funds issued

under Section 15.4b of this Act or monthly disbursements

otherwise due under Section 30 of this Act, until the

county or 9-1-1 Authority is in compliance.

(2) Within 60 calendar days of receiving a

consolidation plan, the Statewide 9-1-1 Advisory Board

shall hold at least one public hearing on the plan and

provide a recommendation to the Administrator. Notice of

the hearing shall be provided to the respective entity to

which the plan applies.

(3) Within 90 calendar days of receiving a

consolidation plan, the Administrator shall approve the

plan, approve the plan as modified, or grant a waiver

pursuant to subsection (c) of this Section. In making his

or her decision, the Administrator shall consider any

recommendation from the Statewide 9-1-1 Advisory Board

regarding the plan. If the Administrator does not follow

the recommendation of the Board, the Administrator shall

provide a written explanation for the deviation in his or

her decision.

(4) The deadlines provided in this subsection may be

extended upon agreement between the Administrator and

entity which submitted the plan.

(c) A waiver from a consolidation required under subsection

(a) of this Section may be granted if the Administrator finds

that the consolidation will result in a substantial threat to

public safety, is economically unreasonable, or is technically

infeasible.

(d) Any decision of the Administrator under this Section

shall be deemed a final administrative decision and shall be

subject to judicial review under the Administrative Review Law.

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

(50 ILCS 750/15.4b)

Sec. 15.4b. Consolidation grants.

(a) The Administrator, with the advice and recommendation

of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1

System Consolidation Grant Program to defray costs associated

with 9-1-1 system consolidation of systems outside of a

municipality with a population in excess of 500,000. The

awarded grants will be used to offset non-recurring costs

associated with the consolidation of 9-1-1 systems and shall

not be used for ongoing operating costs associated with the

consolidated system. The Department, in consultation with the

Administrator and the Statewide 9-1-1 Advisory Board, shall

adopt rules defining the grant process and criteria for issuing

the grants. The grants should be awarded based on criteria that

include, but are not limited to:

(1) reducing the number of transfers of a 9-1-1 call;

(2) reducing the infrastructure required to adequately

provide 9-1-1 network services;

(3) promoting cost savings from resource sharing among

9-1-1 systems;

(4) facilitating interoperability and resiliency for

the receipt of 9-1-1 calls;

(5) reducing the number of 9-1-1 systems or reducing

the number of PSAPs within a 9-1-1 system;

(6) cost saving resulting from 9-1-1 system

consolidation; and

(7) expanding E9-1-1 service coverage as a result of

9-1-1 system consolidation including to areas without

E9-1-1 service.

Priority shall be given first to counties not providing

9-1-1 service as of January 1, 2016, and next to other entities

consolidating as required under Section 15.4a of this Act.

(b) The 9-1-1 System Consolidation Grant application, as

defined by Department rules, shall be submitted electronically

to the Administrator starting January 2, 2016, and every

January 2 thereafter. The application shall include a modified

9-1-1 system plan as required by this Act in support of the

consolidation plan. The Administrator shall have until June 30,

2016 and every June 30 thereafter to approve 9-1-1 System

Consolidation grants and modified 9-1-1 system plans. Payment

under the approved 9-1-1 System Consolidation grants shall be

contingent upon the final approval of a modified 9-1-1 system

plan.

(c) Existing and previously completed consolidation

projects shall be eligible to apply for reimbursement of costs

related to the consolidation incurred between 2010 and the

State fiscal year of the application.

(d) The 9-1-1 systems that receive grants under this

Section shall provide a report detailing grant fund usage to

the Administrator pursuant to Section 40 of this Act.

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

(50 ILCS 750/15.5)

Sec. 15.5. Private residential switch service 9-1-1

service.

(a) After June 30, 1995, an entity that provides or

operates private residential switch service and provides

telecommunications facilities or services to residents shall

provide to those residential end users the same level of 9-1-1

service as the public agency and the telecommunications carrier

are providing to other residential end users of the local 9-1-1

system. This service shall include, but not be limited to, the

capability to identify the telephone number, extension number,

and the physical location that is the source of the call to the

number designated as the emergency telephone number.

(b) The private residential switch operator is responsible

for forwarding end user automatic location identification

record information to the 9-1-1 system provider according to

the format, frequency, and procedures established by that

system provider.

(c) This Act does not apply to any PBX telephone extension

that uses radio transmissions to convey electrical signals

directly between the telephone extension and the serving PBX.

(d) An entity that violates this Section is guilty of a

business offense and shall be fined not less than $1,000 and

not more than $5,000.

(e) Nothing in this Section shall be construed to preclude

the Attorney General on behalf of the Department or on his or

her own initiative, or any other interested person, from

seeking judicial relief, by mandamus, injunction, or

otherwise, to compel compliance with this Section.

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

(50 ILCS 750/15.6)

Sec. 15.6. Enhanced 9-1-1 service; business service.

(a) After June 30, 2000, or within 18 months after enhanced

9-1-1 service becomes available, any entity that installs or

operates a private business switch service and provides

telecommunications facilities or services to businesses shall

assure that the system is connected to the public switched

network in a manner that calls to 9-1-1 result in automatic

number and location identification. For buildings having their

own street address and containing workspace of 40,000 square

feet or less, location identification shall include the

building's street address. For buildings having their own

street address and containing workspace of more than 40,000

square feet, location identification shall include the

building's street address and one distinct location

identification per 40,000 square feet of workspace. Separate

buildings containing workspace of 40,000 square feet or less

having a common public street address shall have a distinct

location identification for each building in addition to the

street address.

(b) Exemptions. Buildings containing workspace of more

than 40,000 square feet are exempt from the multiple location

identification requirements of subsection (a) if the building

maintains, at all times, alternative and adequate means of

signaling and responding to emergencies. Those means shall

include, but not be limited to, a telephone system that

provides the physical location of 9-1-1 calls coming from

within the building. Health care facilities are presumed to

meet the requirements of this paragraph if the facilities are

staffed with medical or nursing personnel 24 hours per day and

if an alternative means of providing information about the

source of an emergency call exists. Buildings under this

exemption must provide 9-1-1 service that provides the

building's street address.

Buildings containing workspace of more than 40,000 square

feet are exempt from subsection (a) if the building maintains,

at all times, alternative and adequate means of signaling and

responding to emergencies, including a telephone system that

provides the location of a 9-1-1 call coming from within the

building, and the building is serviced by its own medical, fire

and security personnel. Buildings under this exemption are

subject to emergency phone system certification by the

Administrator.

Buildings in communities not serviced by enhanced 9-1-1

service are exempt from subsection (a).

Correctional institutions and facilities, as defined in

subsection (d) of Section 3-1-2 of the Unified Code of

Corrections, are exempt from subsection (a).

(c) This Act does not apply to any PBX telephone extension

that uses radio transmissions to convey electrical signals

directly between the telephone extension and the serving PBX.

(d) An entity that violates this Section is guilty of a

business offense and shall be fined not less than $1,000 and

not more than $5,000.

(e) Nothing in this Section shall be construed to preclude

the Attorney General on behalf of the Department or on his or

her own initiative, or any other interested person, from

seeking judicial relief, by mandamus, injunction, or

otherwise, to compel compliance with this Section.

(f) The Department may promulgate rules for the

administration of this Section.

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

(50 ILCS 750/15.6a)

Sec. 15.6a. Wireless emergency 9-1-1 service.

(a) The digits "9-1-1" shall be the designated emergency

telephone number within the wireless system.

(b) The Department may set non-discriminatory and uniform

technical and operational standards consistent with the rules

of the Federal Communications Commission for directing calls to

authorized public safety answering points. These standards

shall not in any way prescribe the technology or manner a

wireless carrier shall use to deliver wireless 9-1-1 or

wireless E9-1-1 calls, and these standards shall not exceed the

requirements set by the Federal Communications Commission;

however, standards for directing calls to the authorized public

safety answering point shall be included. The authority given

to the Department in this Section is limited to setting

standards as set forth herein and does not constitute authority

to regulate wireless carriers.

(c) For the purpose of providing wireless 9-1-1 emergency

services, an emergency telephone system board or, in the

absence of an emergency telephone system board, a qualified

governmental entity, may declare its intention for one or more

of its public safety answering points to serve as a primary

wireless 9-1-1 public safety answering point for its

jurisdiction by notifying the Administrator in writing within 6

months after receiving its authority to operate a 9-1-1 system

under this Act. In addition, 2 or more emergency telephone

system boards or qualified governmental entities may, by virtue

of an intergovernmental agreement, provide wireless 9-1-1

service. Until the jurisdiction comes into compliance with

Section 15.4a of this Act, the The Department of State Police

shall be the primary wireless 9-1-1 public safety answering

point for any jurisdiction that did not provide notice to the

Illinois Commerce Commission and the Department prior to

January 1, 2016.

(d) The Administrator, upon a request from a qualified

governmental entity or an emergency telephone system board and

with the advice and recommendation of the Statewide 9-1-1

Advisory Board, may grant authority to the emergency telephone

system board or a qualified governmental entity to provide

wireless 9-1-1 service in areas for which the Department has

accepted wireless 9-1-1 responsibility. The Administrator

shall maintain a current list of all 9-1-1 systems and

qualified governmental entities providing wireless 9-1-1

service under this Act.

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

(50 ILCS 750/15.6b)

Sec. 15.6b. Next Generation 9-1-1 service.

(a) The Administrator, with the advice and recommendation

of the Statewide 9-1-1 Advisory Board, shall develop and

implement a plan for a statewide Next Generation 9-1-1 network.

The Next Generation 9-1-1 network must be an Internet

protocol-based platform that at a minimum provides:

(1) improved 9-1-1 call delivery;

(2) enhanced interoperability;

(3) increased ease of communication between 9-1-1

service providers, allowing immediate transfer of 9-1-1

calls, caller information, photos, and other data

statewide;

(4) a hosted solution with redundancy built in; and

(5) compliance with NENA Standards i3 Solution 08-003.

(b) By July 1, 2016, the Administrator, with the advice and

recommendation of the Statewide 9-1-1 Advisory Board, shall

design and issue a competitive request for a proposal to secure

the services of a consultant to complete a feasibility study on

the implementation of a statewide Next Generation 9-1-1 network

in Illinois. By July 1, 2017, the consultant shall complete the

feasibility study and make recommendations as to the

appropriate procurement approach for developing a statewide

Next Generation 9-1-1 network.

(c) Within 12 months of the final report from the

consultant under subsection (b) of this Section, the Department

shall procure and finalize a contract with a vendor certified

under Section 13-900 of the Public Utilities Act to establish a

statewide Next Generation 9-1-1 network. By July 1, 2020, the

vendor shall implement a Next Generation 9-1-1 network that

allows 9-1-1 systems providing 9-1-1 service to Illinois

residents to access the system utilizing their current

infrastructure if it meets the standards adopted by the

Department.

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

(50 ILCS 750/15.7)

Sec. 15.7. Compliance with certification of 9-1-1 system

providers by the Illinois Commerce Commission. In addition to

the requirements of this Act, all 9-1-1 system providers must

comply with the requirements of Section 13-900 of the Public

Utilities Act.

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

(50 ILCS 750/15.8)

Sec. 15.8. 9-1-1 dialing from a business.

(a) Any entity that installs or operates a private business

switch service and provides telecommunications facilities or

services to businesses shall ensure that all systems installed

on or after July 1, 2015 (the effective date of Public Act

98-875) are connected to the public switched network in a

manner such that when a user dials "9-1-1", the emergency call

connects to the 9-1-1 system without first dialing any number

or set of numbers.

(b) The requirements of this Section do not apply to:

(1) any entity certified by the Illinois Commerce

Commission to operate a Private Emergency Answering Point

as defined in 83 Ill. Adm. Code 726.105; or

(2) correctional institutions and facilities as

defined in subsection (d) of Section 3-1-2 of the Unified

Code of Corrections.

(c) An entity that violates this Section is guilty of a

business offense and shall be fined not less than $1,000 and

not more than $5,000.

(Source: P.A. 98-875, eff. 7-1-15; 99-6, eff. 1-1-16.)

(50 ILCS 750/16) (from Ch. 134, par. 46)

Sec. 16. This Act takes effect July 1, 1975.

(Source: P.A. 79-1092.)

(50 ILCS 750/17.5 new)

Sec. 17.5. 9-1-1 call transfer, forward, or relay.

(a) The General Assembly finds the following:

(1) Some 9-1-1 systems throughout this State do not

have a procedure in place to manually transfer, forward, or

relay 9-1-1 calls originating within one 9-1-1 system's

jurisdiction, but which should properly be answered and

dispatched by another 9-1-1 system, to the appropriate

9-1-1 system for answering and dispatch of first

responders.

(2) On January 1, 2016, the General Assembly gave

oversight authority of 9-1-1 systems to the Department of

State Police.

(3) Since that date, the Department of State Police has

authorized individual 9-1-1 systems in counties and

municipalities to implement and upgrade enhanced 9-1-1

systems throughout the State.

(b) The Department shall prepare a directory of all

authorized 9-1-1 systems in the State. The directory shall

include an emergency 24/7 10-digit telephone number for all

primary public safety answering points located in each 9-1-1

system to which 9-1-1 calls from another jurisdiction can be

transferred. This directory shall be made available to each

9-1-1 authority for its use in establishing standard operating

procedures regarding calls outside its 9-1-1 jurisdiction.

(c) Each 9-1-1 system shall provide the Department with the

following information:

(1) The name of the PSAP, a list of every participating

agency, and the county the PSAP is in, including college

and university public safety entities.

(2) The 24/7 10-digit emergency telephone number and

email address for the dispatch agency to which 9-1-1 calls

originating in another 9-1-1 jurisdiction can be

transferred or by which the PSAP can be contacted via email

to exchange information. Each 9-1-1 system shall provide

the Department with any changes to the participating

agencies and this number and email address immediately upon

the change occurring. Each 9-1-1 system shall provide the

PSAP information, the 24/7 10-digit emergency telephone

number and email address to the Manager of the Department's

9-1-1 Program within 30 days of the effective date of this

amendatory Act of the 100th General Assembly.

(3) The standard operating procedure describing the

manner in which the 9-1-1 system will transfer, forward, or

relay 9-1-1 calls originating within its jurisdiction, but

which should properly be answered and dispatched by another

9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1

system shall provide the standard operating procedures to

the Manager of the Department's 9-1-1 Program within 180

days after the effective date of this amendatory Act of the

100th General Assembly.

(50 ILCS 750/19)

Sec. 19. Statewide 9-1-1 Advisory Board.

(a) Beginning July 1, 2015, there is created the Statewide

9-1-1 Advisory Board within the Department of State Police. The

Board shall consist of the following 11 voting members:

(1) The Director of the State Police, or his or her

designee, who shall serve as chairman.

(2) The Executive Director of the Commission, or his or

her designee.

(3) Nine members appointed by the Governor as follows:

(A) one member representing the Illinois chapter

of the National Emergency Number Association, or his or

her designee;

(B) one member representing the Illinois chapter

of the Association of Public-Safety Communications

Officials, or his or her designee;

(C) one member representing a county 9-1-1 system

from a county with a population of less than 50,000;

(D) one member representing a county 9-1-1 system

from a county with a population between 50,000 and

250,000;

(E) one member representing a county 9-1-1 system

from a county with a population of more than 250,000;

(F) one member representing a municipality with a

population of less than 500,000 in a county with a

population in excess of 2,000,000;

(G) one member representing the Illinois

Association of Chiefs of Police;

(H) one member representing the Illinois Sheriffs'

Association; and

(I) one member representing the Illinois Fire

Chiefs Association.

The Governor shall appoint the following non-voting

members: (i) one member representing an incumbent local

exchange 9-1-1 system provider; (ii) one member representing a

non-incumbent local exchange 9-1-1 system provider; (iii) one

member representing a large wireless carrier; (iv) one member

representing an incumbent local exchange a small wireless

carrier; and (v) one member representing the Illinois

Telecommunications Association; (vi) one member representing

the Cable Television and Communication Association of

Illinois; and (vii) one member representing the Illinois State

Ambulance Association. The Speaker of the House of

Representatives, the Minority Leader of the House of

Representatives, the President of the Senate, and the Minority

Leader of the Senate may each appoint a member of the General

Assembly to temporarily serve as a non-voting member of the

Board during the 12 months prior to the repeal date of this Act

to discuss legislative initiatives of the Board.

(b) The Governor shall make initial appointments to the

Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the

voting members appointed by the Governor shall serve an initial

term of 2 years, and the remaining voting members appointed by

the Governor shall serve an initial term of 3 years.

Thereafter, each appointment by the Governor shall be for a

term of 3 years. Non-voting members shall serve for a term of 3

years. Vacancies shall be filled in the same manner as the

original appointment. Persons appointed to fill a vacancy shall

serve for the balance of the unexpired term.

Members of the Statewide 9-1-1 Advisory Board shall serve

without compensation.

(c) The 9-1-1 Services Advisory Board, as constituted on

June 1, 2015 without the legislative members, shall serve in

the role of the Statewide 9-1-1 Advisory Board until all

appointments of voting members have been made by the Governor

under subsection (a) of this Section.

(d) The Statewide 9-1-1 Advisory Board shall:

(1) advise the Department of State Police and the

Statewide 9-1-1 Administrator on the oversight of 9-1-1

systems and the development and implementation of a uniform

statewide 9-1-1 system;

(2) make recommendations to the Governor and the

General Assembly regarding improvements to 9-1-1 services

throughout the State; and

(3) exercise all other powers and duties provided in

this Act.

(e) The Statewide 9-1-1 Advisory Board shall submit to the

General Assembly a report by March 1 of each year providing an

update on the transition to a statewide 9-1-1 system and

recommending any legislative action.

(f) The Department of State Police shall provide

administrative support to the Statewide 9-1-1 Advisory Board.

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

(50 ILCS 750/20)

Sec. 20. Statewide surcharge.

(a) On and after January 1, 2016, and except with respect

to those customers who are subject to surcharges as provided in

Sections 15.3 and 15.3a of this Act, a monthly surcharge shall

be imposed on all customers of telecommunications carriers and

wireless carriers as follows:

(1) Each telecommunications carrier shall impose a

monthly surcharge of $0.87 per network connection;

provided, however, the monthly surcharge shall not apply to

a network connection provided for use with pay telephone

services. Where multiple voice grade communications

channels are connected between the subscriber's premises

and a public switched network through private branch

exchange (PBX), or centrex type service, or other multiple

voice grade communication channels facility, there shall

be imposed 5 such surcharges per network connection for

both regular service and advanced service provisioned

trunk lines. Until December 31, 2017, the surcharge shall

be $0.87 per network connection and on and after January 1,

2018, the surcharge shall be $1.50 per network connection.

(2) Each wireless carrier shall impose and collect a

monthly surcharge of $0.87 per CMRS connection that either

has a telephone number within an area code assigned to

Illinois by the North American Numbering Plan

Administrator or has a billing address in this State. Until

December 31, 2017, the surcharge shall be $0.87 per

connection and on and after January 1, 2018, the surcharge

shall be $1.50 per connection.

(b) State and local taxes shall not apply to the surcharges

imposed under this Section.

(c) The surcharges imposed by this Section shall be stated

as a separately stated item on subscriber bills.

(d) The telecommunications carrier collecting the

surcharge may deduct and retain an amount not to exceed shall

also be entitled to deduct 3% of the gross amount of surcharge

collected to reimburse the telecommunications carrier for the

expense of accounting and collecting the surcharge. On and

after July 1, 2022, the wireless carrier collecting a surcharge

under this Section may deduct and retain an amount not to

exceed shall be entitled to deduct up to 3% of the gross amount

of the surcharge collected to reimburse the wireless carrier

for the expense of accounting and collecting the surcharge.

(e) Surcharges imposed under this Section shall be

collected by the carriers and shall be remitted to the

Department, within 30 days of collection, remitted, either by

check or electronic funds transfer, by the end of the next

calendar month after the calendar month in which it was

collected to the Department for deposit into the Statewide

9-1-1 Fund. Carriers are not required to remit surcharge moneys

that are billed to subscribers but not yet collected.

The first remittance by wireless carriers shall include the

number of subscribers by zip code, and the 9-digit zip code if

currently being used or later implemented by the carrier, that

shall be the means by which the Department shall determine

distributions from the Statewide 9-1-1 Fund. This information

shall be updated at least once each year. Any carrier that

fails to provide the zip code information required under this

subsection (e) shall be subject to the penalty set forth in

subsection (g) of this Section.

(f) If, within 8 calendar 5 business days after it is due

under subsection (e) of this Section, a carrier does not remit

the surcharge or any portion thereof required under this

Section, then the surcharge or portion thereof shall be deemed

delinquent until paid in full, and the Department may impose a

penalty against the carrier in an amount equal to the greater

of:

(1) $25 for each month or portion of a month from the

time an amount becomes delinquent until the amount is paid

in full; or

(2) an amount equal to the product of 1% and the sum of

all delinquent amounts for each month or portion of a month

that the delinquent amounts remain unpaid.

A penalty imposed in accordance with this subsection (f)

for a portion of a month during which the carrier pays the

delinquent amount in full shall be prorated for each day of

that month that the delinquent amount was paid in full. Any

penalty imposed under this subsection (f) is in addition to the

amount of the delinquency and is in addition to any other

penalty imposed under this Section.

(g) If, within 8 calendar 5 business days after it is due,

a wireless carrier does not provide the number of subscribers

by zip code as required under subsection (e) of this Section,

then the report is deemed delinquent and the Department may

impose a penalty against the carrier in an amount equal to the

greater of:

(1) $25 for each month or portion of a month that the

report is delinquent; or

(2) an amount equal to the product of $0.01 and the

number of subscribers served by the carrier for each month

or portion of a month that the delinquent report is not

provided.

A penalty imposed in accordance with this subsection (g)

for a portion of a month during which the carrier provides the

number of subscribers by zip code as required under subsection

(e) of this Section shall be prorated for each day of that

month during which the carrier had not provided the number of

subscribers by zip code as required under subsection (e) of

this Section. Any penalty imposed under this subsection (g) is

in addition to any other penalty imposed under this Section.

(h) A penalty imposed and collected in accordance with

subsection (f) or (g) of this Section shall be deposited into

the Statewide 9-1-1 Fund for distribution according to Section

30 of this Act.

(i) The Department may enforce the collection of any

delinquent amount and any penalty due and unpaid under this

Section by legal action or in any other manner by which the

collection of debts due the State of Illinois may be enforced

under the laws of this State. The Department may excuse the

payment of any penalty imposed under this Section if the

Administrator determines that the enforcement of this penalty

is unjust.

(j) Notwithstanding any provision of law to the contrary,

nothing shall impair the right of wireless carriers to recover

compliance costs for all emergency communications services

that are not reimbursed out of the Wireless Carrier

Reimbursement Fund directly from their wireless subscribers by

line-item charges on the wireless subscriber's bill. Those

compliance costs include all costs incurred by wireless

carriers in complying with local, State, and federal regulatory

or legislative mandates that require the transmission and

receipt of emergency communications to and from the general

public, including, but not limited to, E9-1-1.

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

(50 ILCS 750/30)

Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.

(a) A special fund in the State treasury known as the

Wireless Service Emergency Fund shall be renamed the Statewide

9-1-1 Fund. Any appropriations made from the Wireless Service

Emergency Fund shall be payable from the Statewide 9-1-1 Fund.

The Fund shall consist of the following:

(1) 9-1-1 wireless surcharges assessed under the

Wireless Emergency Telephone Safety Act.

(2) 9-1-1 surcharges assessed under Section 20 of this

Act.

(3) Prepaid wireless 9-1-1 surcharges assessed under

Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.

(4) Any appropriations, grants, or gifts made to the

Fund.

(5) Any income from interest, premiums, gains, or other

earnings on moneys in the Fund.

(6) Money from any other source that is deposited in or

transferred to the Fund.

(b) Subject to appropriation and availability of funds, the

Department shall distribute the 9-1-1 surcharges monthly as

follows:

(1) From each surcharge collected and remitted under

Section 20 of this Act:

(A) $0.013 shall be distributed monthly in equal

amounts to each County Emergency Telephone System

Board or qualified governmental entity in counties

with a population under 100,000 according to the most

recent census data which is authorized to serve as a

primary wireless 9-1-1 public safety answering point

for the county and to provide wireless 9-1-1 service as

prescribed by subsection (b) of Section 15.6a of this

Act, and which does provide such service.

(B) $0.033 shall be transferred by the Comptroller

at the direction of the Department to the Wireless

Carrier Reimbursement Fund until June 30, 2017; from

July 1, 2017 through June 30, 2018, $0.026 shall be

transferred; from July 1, 2018 through June 30, 2019,

$0.020 shall be transferred; from July 1, 2019, through

June 30, 2020, $0.013 shall be transferred; from July

1, 2020 through June 30, 2021, $0.007 will be

transferred; and after June 30, 2021, no transfer shall

be made to the Wireless Carrier Reimbursement Fund.

(C) Until December 31, 2017, $0.007 and on and

after January 1, 2018, $0.017 shall be used to cover

the Department's administrative costs.

(D) Beginning January 1, 2018, until June 30, 2020,

$0.12, and on and after July 1, 2020, $0.04 shall be

used to make monthly proportional grants to the

appropriate 9-1-1 Authority currently taking wireless

9-1-1 based upon the United States Postal Zip Code of

the billing addresses of subscribers wireless

carriers.

(E) Until June 30, 2020, $0.05 shall be used by the

Department for grants for NG9-1-1 expenses, with

priority given to 9-1-1 Authorities that provide 9-1-1

service within the territory of a Large Electing

Provider as defined in Section 13-406.1 of the Public

Utilities Act.

(F) On and after July 1, 2020, $0.13 shall be used

for the implementation of and continuing expenses for

the Statewide NG9-1-1 system.

(2) After disbursements under paragraph (1) of this

subsection (b), all remaining funds in the Statewide 9-1-1

Fund shall be disbursed in the following priority order:

(A) The Fund shall will pay monthly to:

(i) the 9-1-1 Authorities that imposed

surcharges under Section 15.3 of this Act and were

required to report to the Illinois Commerce

Commission under Section 27 of the Wireless

Emergency Telephone Safety Act on October 1, 2014,

except a 9-1-1 Authority in a municipality with a

population in excess of 500,000, an amount equal to

the average monthly wireline and VoIP surcharge

revenue attributable to the most recent 12-month

period reported to the Department under that

Section for the October 1, 2014 filing, subject to

the power of the Department to investigate the

amount reported and adjust the number by order

under Article X of the Public Utilities Act, so

that the monthly amount paid under this item

accurately reflects one-twelfth of the aggregate

wireline and VoIP surcharge revenue properly

attributable to the most recent 12-month period

reported to the Commission; or

(ii) county qualified governmental entities

that did not impose a surcharge under Section 15.3

as of December 31, 2015, and counties that did not

impose a surcharge as of June 30, 2015, an amount

equivalent to their population multiplied by .37

multiplied by the rate of $0.69; counties that are

not county qualified governmental entities and

that did not impose a surcharge as of December 31,

2015, shall not begin to receive the payment

provided for in this subsection until E9-1-1 and

wireless E9-1-1 services are provided within their

counties; or

(iii) counties without 9-1-1 service that had

a surcharge in place by December 31, 2015, an

amount equivalent to their population multiplied

by .37 multiplied by their surcharge rate as

established by the referendum.

(B) All 9-1-1 network costs for systems outside of

municipalities with a population of at least 500,000

shall be paid by the Department directly to the

vendors.

(C) All expenses incurred by the Administrator and

the Statewide 9-1-1 Advisory Board and costs

associated with procurement under Section 15.6b

including requests for information and requests for

proposals.

(D) Funds may be held in reserve by the Statewide

9-1-1 Advisory Board and disbursed by the Department

for grants under Section 15.4b of this Act Sections

15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5

million per year in State fiscal years 2016 and 2017;

up to $20 $13.5 million in State fiscal year 2018; up

to $20.9 $14.4 million in State fiscal year 2019; up to

$15.3 million in State fiscal year 2020; up to $16.2

million in State fiscal year 2021; up to $23.1 million

in State fiscal year 2022; and up to $17.0 million per

year for State fiscal year 2023 and each year

thereafter. The amount held in reserve in State fiscal

years 2018 and 2019 shall not be less than $6.5

million. Disbursements under this subparagraph (D)

shall be prioritized as follows: (i) consolidation

grants prioritized under subsection (a) of Section

15.4b of this Act; (ii) NG9-1-1 expenses; and (iii)

consolidation grants under Section 15.4b of this Act

for consolidation expenses incurred between January 1,

2010, and January 1, 2016.

(E) All remaining funds per remit month shall be

used to make monthly proportional grants to the

appropriate 9-1-1 Authority currently taking wireless

9-1-1 based upon the United States Postal Zip Code of

the billing addresses of subscribers of wireless

carriers.

(c) The moneys deposited into the Statewide 9-1-1 Fund

under this Section shall not be subject to administrative

charges or chargebacks unless otherwise authorized by this Act.

(d) Whenever two or more 9-1-1 Authorities consolidate, the

resulting Joint Emergency Telephone System Board shall be

entitled to the monthly payments that had theretofore been made

to each consolidating 9-1-1 Authority. Any reserves held by any

consolidating 9-1-1 Authority shall be transferred to the

resulting Joint Emergency Telephone System Board. Whenever a

county that has no 9-1-1 service as of January 1, 2016 enters

into an agreement to consolidate to create or join a Joint

Emergency Telephone System Board, the Joint Emergency

Telephone System Board shall be entitled to the monthly

payments that would have otherwise been paid to the county if

it had provided 9-1-1 service.

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

(50 ILCS 750/35)

Sec. 35. 9-1-1 surcharge; allowable expenditures. Except

as otherwise provided in this Act, expenditures from surcharge

revenues received under this Act may be made by municipalities,

counties, and 9-1-1 Authorities only to pay for the costs

associated with the following:

(1) The design of the Emergency Telephone System.

(2) The coding of an initial Master Street Address

Guide database, and update and maintenance thereof.

(3) The repayment of any moneys advanced for the

implementation of the system.

(4) The charges for Automatic Number Identification

and Automatic Location Identification equipment, a

computer aided dispatch system that records, maintains,

and integrates information, mobile data transmitters

equipped with automatic vehicle locators, and maintenance,

replacement, and update thereof to increase operational

efficiency and improve the provision of emergency

services.

(5) The non-recurring charges related to installation

of the Emergency Telephone System.

(6) The initial acquisition and installation, or the

reimbursement of costs therefor to other governmental

bodies that have incurred those costs, of road or street

signs that are essential to the implementation of the

Emergency Telephone System and that are not duplicative of

signs that are the responsibility of the jurisdiction

charged with maintaining road and street signs. Funds may

not be used for ongoing expenses associated with road or

street sign maintenance and replacement.

(7) Other products and services necessary for the

implementation, upgrade, and maintenance of the system and

any other purpose related to the operation of the system,

including costs attributable directly to the construction,

leasing, or maintenance of any buildings or facilities or

costs of personnel attributable directly to the operation

of the system. Costs attributable directly to the operation

of an emergency telephone system do not include the costs

of public safety agency personnel who are and equipment

that is dispatched in response to an emergency call.

(8) The defraying of expenses incurred to implement

Next Generation 9-1-1, subject to the conditions set forth

in this Act.

(9) The implementation of a computer aided dispatch

system or hosted supplemental 9-1-1 services.

(10) The design, implementation, operation,

maintenance, or upgrade of wireless 9-1-1, or E9-1-1, or

NG9-1-1 emergency services and public safety answering

points.

Moneys in the Statewide 9-1-1 Fund may also be transferred

to a participating fire protection district to reimburse

volunteer firefighters who man remote telephone switching

facilities when dedicated 9-1-1 lines are down.

In the case of a municipality with a population over

500,000, moneys may also be used for any anti-terrorism or

emergency preparedness measures, including, but not limited

to, preparedness planning, providing local matching funds for

federal or State grants, personnel training, and specialized

equipment, including surveillance cameras, as needed to deal

with natural and terrorist-inspired emergency situations or

events.

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

(50 ILCS 750/40)

Sec. 40. Financial reports.

(a) The Department shall create uniform accounting

procedures, with such modification as may be required to give

effect to statutory provisions applicable only to

municipalities with a population in excess of 500,000, that any

emergency telephone system board, qualified governmental

entity, or unit of local government receiving surcharge money

pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.

(b) By January 31, 2018, and every January 31 thereafter

October 1, 2016, and every October 1 thereafter, each emergency

telephone system board, qualified governmental entity, or unit

of local government receiving surcharge money pursuant to

Section 15.3, 15.3a, or 30 shall report to the Department

audited financial statements showing total revenue and

expenditures for the period beginning with the end of the

period covered by the last submitted report through the end of

the previous calendar year previous fiscal year in a form and

manner as prescribed by the Department. Such financial

information shall include:

(1) a detailed summary of revenue from all sources

including, but not limited to, local, State, federal, and

private revenues, and any other funds received;

(2) all expenditures made during the reporting period

from distributions under this Act; operating expenses,

capital expenditures, and cash balances; and

(3) call data and statistics, when available, from the

reporting period, as specified by the Department and

collected in accordance with any reporting method

established or required such other financial information

that is relevant to the provision of 9-1-1 services as

determined by the Department; .

(4) all costs associated with dispatching appropriate

public safety agencies to respond to 9-1-1 calls received

by the PSAP; and

(5) all funding sources and amounts of funding used for

costs described in paragraph (4) of this subsection (b).

The emergency telephone system board, qualified

governmental entity, or unit of local government is responsible

for any costs associated with auditing such financial

statements. The Department shall post the audited financial

statements on the Department's website.

(c) Along with its audited financial statement, each

emergency telephone system board, qualified governmental

entity, or unit of local government receiving a grant under

Section 15.4b of this Act shall include a report of the amount

of grant moneys received and how the grant moneys were used. In

case of a conflict between this requirement and the Grant

Accountability and Transparency Act, or with the rules of the

Governor's Office of Management and Budget adopted thereunder,

that Act and those rules shall control.

(d) If an emergency telephone system board or qualified

governmental entity that receives funds from the Statewide

9-1-1 Fund fails to file the 9-1-1 system financial reports as

required under this Section, the Department shall suspend and

withhold monthly disbursements otherwise due to the emergency

telephone system board or qualified governmental entity under

Section 30 of this Act until the report is filed.

Any monthly disbursements that have been withheld for 12

months or more shall be forfeited by the emergency telephone

system board or qualified governmental entity and shall be

distributed proportionally by the Department to compliant

emergency telephone system boards and qualified governmental

entities that receive funds from the Statewide 9-1-1 Fund.

Any emergency telephone system board or qualified

governmental entity not in compliance with this Section shall

be ineligible to receive any consolidation grant or

infrastructure grant issued under this Act.

(e) The Department may adopt emergency rules necessary to

implement the provisions of this Section.

(f) Any findings or decisions of the Department under this

Section shall be deemed a final administrative decision and

shall be subject to judicial review under the Administrative

Review Law.

(g) Beginning October 1, 2017, the Department shall provide

a quarterly report to the Board of its expenditures from the

Statewide 9-1-1 Fund for the prior fiscal quarter.

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

(50 ILCS 750/45)

Sec. 45. Wireless Carrier Reimbursement Fund.

(a) A special fund in the State treasury known as the

Wireless Carrier Reimbursement Fund, which was created

previously under Section 30 of the Wireless Emergency Telephone

Safety Act, shall continue in existence without interruption

notwithstanding the repeal of that Act. Moneys in the Wireless

Carrier Reimbursement Fund may be used, subject to

appropriation, only (i) to reimburse wireless carriers for all

of their costs incurred in complying with the applicable

provisions of Federal Communications Commission wireless

enhanced 9-1-1 service mandates, and (ii) to pay the reasonable

and necessary costs of the Illinois Commerce Commission in

exercising its rights, duties, powers, and functions under this

Act. This reimbursement to wireless carriers may include, but

need not be limited to, the cost of designing, upgrading,

purchasing, leasing, programming, installing, testing, and

maintaining necessary data, hardware, and software and

associated operating and administrative costs and overhead.

(b) To recover costs from the Wireless Carrier

Reimbursement Fund, the wireless carrier shall submit sworn

invoices to the Illinois Commerce Commission. In no event may

any invoice for payment be approved for (i) costs that are not

related to compliance with the requirements established by the

wireless enhanced 9-1-1 mandates of the Federal Communications

Commission, or (ii) costs with respect to any wireless enhanced

9-1-1 service that is not operable at the time the invoice is

submitted.

(c) If in any month the total amount of invoices submitted

to the Illinois Commerce Commission and approved for payment

exceeds the amount available in the Wireless Carrier

Reimbursement Fund, wireless carriers that have invoices

approved for payment shall receive a pro-rata share of the

amount available in the Wireless Carrier Reimbursement Fund

based on the relative amount of their approved invoices

available that month, and the balance of the payments shall be

carried into the following months until all of the approved

payments are made.

(d) A wireless carrier may not receive payment from the

Wireless Carrier Reimbursement Fund for its costs of providing

wireless enhanced 9-1-1 services in an area when a unit of

local government or emergency telephone system board provides

wireless 9-1-1 services in that area and was imposing and

collecting a wireless carrier surcharge prior to July 1, 1998.

(e) The Illinois Commerce Commission shall maintain

detailed records of all receipts and disbursements and shall

provide an annual accounting of all receipts and disbursements

to the Auditor General.

(f) The Illinois Commerce Commission must annually review

the balance in the Wireless Carrier Reimbursement Fund as of

June 30 of each year and shall direct the Comptroller to

transfer into the Statewide 9-1-1 Fund for distribution in

accordance with subsection (b) of Section 30 of this Act any

amount in excess of outstanding invoices as of June 30 of each

year.

(g) The Illinois Commerce Commission shall adopt rules to

govern the reimbursement process.

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

(50 ILCS 750/50)

Sec. 50. Fund audits. The Auditor General shall conduct as

a part of its bi-annual audit, an audit of the Statewide 9-1-1

Fund and the Wireless Carrier Reimbursement Fund for compliance

with the requirements of this Act. The audit shall include, but

not be limited to, the following determinations:

(1) Whether detailed records of all receipts and

disbursements from the Statewide 9-1-1 Fund and the

Wireless Carrier Reimbursement Fund are being maintained.

(2) Whether administrative costs charged to the funds

are adequately documented and are reasonable.

(3) Whether the procedures for making disbursements

and grants and providing reimbursements in accordance with

the Act are adequate.

(4) The status of the implementation of statewide 9-1-1

service and Next Generation 9-1-1 service in Illinois.

The Illinois Commerce Commission, the Department of State

Police, and any other entity or person that may have

information relevant to the audit shall cooperate fully and

promptly with the Office of the Auditor General in conducting

the audit. The Auditor General shall commence the audit as soon

as possible and distribute the report upon completion in

accordance with Section 3-14 of the Illinois State Auditing

Act.

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

(50 ILCS 750/55)

Sec. 55. Public disclosure. Because of the highly

competitive nature of the wireless telephone industry, public

disclosure of information about surcharge moneys paid by

wireless carriers could have the effect of stifling competition

to the detriment of the public and the delivery of wireless

9-1-1 services. Therefore, the Illinois Commerce Commission,

the Department of State Police, governmental agencies, and

individuals with access to that information shall take

appropriate steps to prevent public disclosure of this

information. Information and data supporting the amount and

distribution of surcharge moneys collected and remitted by an

individual wireless carrier shall be deemed exempt information

for purposes of the Freedom of Information Act and shall not be

publicly disclosed. The gross amount paid by all carriers shall

not be deemed exempt and may be publicly disclosed.

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

(50 ILCS 750/60)

Sec. 60. Interconnected VoIP providers. Interconnected

VoIP providers in Illinois shall be subject in a competitively

neutral manner to the same provisions of this Act as are

provided for telecommunications carriers. Interconnected VoIP

services shall not be considered an intrastate

telecommunications service for the purposes of this Act in a

manner inconsistent with federal law or Federal Communications

Commission regulation.

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

(50 ILCS 750/75)

Sec. 75. Transfer of rights, functions, powers, duties, and

property to Department of State Police; rules and standards;

savings provisions.

(a) On January 1, 2016, the rights, functions, powers, and

duties of the Illinois Commerce Commission as set forth in this

Act and the Wireless Emergency Telephone Safety Act existing

prior to January 1, 2016, are transferred to and shall be

exercised by the Department of State Police. On or before

January 1, 2016, the Commission shall transfer and deliver to

the Department all books, records, documents, property (real

and personal), unexpended appropriations, and pending business

pertaining to the rights, powers, duties, and functions

transferred to the Department under Public Act 99-6.

(b) The rules and standards of the Commission that are in

effect on January 1, 2016 and that pertain to the rights,

powers, duties, and functions transferred to the Department

under Public Act 99-6 shall become the rules and standards of

the Department on January 1, 2016, and shall continue in effect

until amended or repealed by the Department.

Any rules pertaining to the rights, powers, duties, and

functions transferred to the Department under Public Act 99-6

that have been proposed by the Commission but have not taken

effect or been finally adopted by January 1, 2016, shall become

proposed rules of the Department on January 1, 2016, and any

rulemaking procedures that have already been completed by the

Commission for those proposed rules need not be repealed.

As soon as it is practical after January 1, 2016, the

Department shall revise and clarify the rules transferred to it

under Public Act 99-6 to reflect the transfer of rights,

powers, duties, and functions effected by Public Act 99-6 using

the procedures for recodification of rules available under the

Illinois Administrative Procedure Act, except that existing

title, part, and section numbering for the affected rules may

be retained. The Department may propose and adopt under the

Illinois Administrative Procedure Act any other rules

necessary to consolidate and clarify those rules.

(c) The rights, powers, duties, and functions transferred

to the Department by Public Act 99-6 shall be vested in and

exercised by the Department subject to the provisions of this

Act and the Wireless Emergency Telephone Safety Act. An act

done by the Department or an officer, employee, or agent of the

Department in the exercise of the transferred rights, powers,

duties, and functions shall have the same legal effect as if

done by the Commission or an officer, employee, or agent of the

Commission.

The transfer of rights, powers, duties, and functions to

the Department under Public Act 99-6 does not invalidate any

previous action taken by or in respect to the Commission, its

officers, employees, or agents. References to the Commission or

its officers, employees, or agents in any document, contract,

agreement, or law shall, in appropriate contexts, be deemed to

refer to the Department or its officers, employees, or agents.

The transfer of rights, powers, duties, and functions to

the Department under Public Act 99-6 does not affect any

person's rights, obligations, or duties, including any civil or

criminal penalties applicable thereto, arising out of those

transferred rights, powers, duties, and functions.

Public Act 99-6 does not affect any act done, ratified, or

cancelled, any right occurring or established, or any action or

proceeding commenced in an administrative, civil, or criminal

case before January 1, 2016. Any such action or proceeding that

pertains to a right, power, duty, or function transferred to

the Department under Public Act 99-6 that is pending on that

date may be prosecuted, defended, or continued by the

Commission.

For the purposes of Section 9b of the State Finance Act,

the Department is the successor to the Commission with respect

to the rights, duties, powers, and functions transferred by

Public Act 99-6.

(d) The Department is authorized to enter into an

intergovernmental agreement with the Commission for the

purpose of having the Commission assist the Department and the

Statewide 9-1-1 Administrator in carrying out their duties and

functions under this Act. The agreement may provide for funding

for the Commission for its assistance to the Department and the

Statewide 9-1-1 Administrator.

(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16.)

(50 ILCS 750/80 new)

Sec. 80. Continuation of Act; validation.

(a) The General Assembly finds and declares that this

amendatory Act of the 100th General Assembly manifests the

intention of the General Assembly to extend the repeal of this

Act and have this Act continue in effect until December 31,

2020.

(b) This Section shall be deemed to have been in continuous

effect since July 1, 2017 and it shall continue to be in effect

henceforward until it is otherwise lawfully repealed. All

previously enacted amendments to this Act taking effect on or

after July 1, 2017, are hereby validated. All actions taken in

reliance on or under this Act by the Department of State Police

or any other person or entity are hereby validated.

(c) In order to ensure the continuing effectiveness of this

Act, it is set forth in full and reenacted by this amendatory

Act of the 100th General Assembly. Striking and underscoring

are used only to show changes being made to the base text. This

reenactment is intended as a continuation of this Act. It is

not intended to supersede any amendment to this Act that is

enacted by the 100th General Assembly.

(50 ILCS 750/99)

Sec. 99. Repealer. This Act is repealed on December 31,

2020 July 1, 2017.

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

Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is

amended by changing Section 15 as follows:

(50 ILCS 753/15)

Sec. 15. Prepaid wireless 9-1-1 surcharge.

(a) Until September 30, 2015, there is hereby imposed on

consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail

transaction. Beginning October 1, 2015, the prepaid wireless

9-1-1 surcharge shall be 3% per retail transaction. The

surcharge authorized by this subsection (a) does not apply in a

home rule municipality having a population in excess of

500,000.

(a-5) On or after the effective date of this amendatory Act

of the 98th General Assembly and until December 31, 2020, July

1, 2017, a home rule municipality having a population in excess

of 500,000 on the effective date of this amendatory Act may

impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per

retail transaction sourced to that jurisdiction and collected

and remitted in accordance with the provisions of subsection

(b-5) of this Section. On or after January 1, 2021, July 1,

2017, a home rule municipality having a population in excess of

500,000 on the effective date of this Act may only impose a

prepaid wireless 9-1-1 surcharge not to exceed 7% per retail

transaction sourced to that jurisdiction and collected and

remitted in accordance with the provisions of subsection (b-5).

(b) The prepaid wireless 9-1-1 surcharge shall be collected

by the seller from the consumer with respect to each retail

transaction occurring in this State and shall be remitted to

the Department by the seller as provided in this Act. The

amount of the prepaid wireless 9-1-1 surcharge shall be

separately stated as a distinct item apart from the charge for

the prepaid wireless telecommunications service on an invoice,

receipt, or other similar document that is provided to the

consumer by the seller or shall be otherwise disclosed to the

consumer. If the seller does not separately state the surcharge

as a distinct item to the consumer as provided in this Section,

then the seller shall maintain books and records as required by

this Act which clearly identify the amount of the 9-1-1

surcharge for retail transactions.

For purposes of this subsection (b), a retail transaction

occurs in this State if (i) the retail transaction is made in

person by a consumer at the seller's business location and the

business is located within the State; (ii) the seller is a

provider and sells prepaid wireless telecommunications service

to a consumer located in Illinois; (iii) the retail transaction

is treated as occurring in this State for purposes of the

Retailers' Occupation Tax Act; or (iv) a seller that is

included within the definition of a "retailer maintaining a

place of business in this State" under Section 2 of the Use Tax

Act makes a sale of prepaid wireless telecommunications service

to a consumer located in Illinois. In the case of a retail

transaction which does not occur in person at a seller's

business location, if a consumer uses a credit card to purchase

prepaid wireless telecommunications service on-line or over

the telephone, and no product is shipped to the consumer, the

transaction occurs in this State if the billing address for the

consumer's credit card is in this State.

(b-5) The prepaid wireless 9-1-1 surcharge imposed under

subsection (a-5) of this Section shall be collected by the

seller from the consumer with respect to each retail

transaction occurring in the municipality imposing the

surcharge. The amount of the prepaid wireless 9-1-1 surcharge

shall be separately stated on an invoice, receipt, or other

similar document that is provided to the consumer by the seller

or shall be otherwise disclosed to the consumer. If the seller

does not separately state the surcharge as a distinct item to

the consumer as provided in this Section, then the seller shall

maintain books and records as required by this Act which

clearly identify the amount of the 9-1-1 surcharge for retail

transactions.

For purposes of this subsection (b-5), a retail transaction

occurs in the municipality if (i) the retail transaction is

made in person by a consumer at the seller's business location

and the business is located within the municipality; (ii) the

seller is a provider and sells prepaid wireless

telecommunications service to a consumer located in the

municipality; (iii) the retail transaction is treated as

occurring in the municipality for purposes of the Retailers'

Occupation Tax Act; or (iv) a seller that is included within

the definition of a "retailer maintaining a place of business

in this State" under Section 2 of the Use Tax Act makes a sale

of prepaid wireless telecommunications service to a consumer

located in the municipality. In the case of a retail

transaction which does not occur in person at a seller's

business location, if a consumer uses a credit card to purchase

prepaid wireless telecommunications service on-line or over

the telephone, and no product is shipped to the consumer, the

transaction occurs in the municipality if the billing address

for the consumer's credit card is in the municipality.

(c) The prepaid wireless 9-1-1 surcharge is imposed on the

consumer and not on any provider. The seller shall be liable to

remit all prepaid wireless 9-1-1 surcharges that the seller

collects from consumers as provided in Section 20, including

all such surcharges that the seller is deemed to collect where

the amount of the surcharge has not been separately stated on

an invoice, receipt, or other similar document provided to the

consumer by the seller. The surcharge collected or deemed

collected by a seller shall constitute a debt owed by the

seller to this State, and any such surcharge actually collected

shall be held in trust for the benefit of the Department.

For purposes of this subsection (c), the surcharge shall

not be imposed or collected from entities that have an active

tax exemption identification number issued by the Department

under Section 1g of the Retailers' Occupation Tax Act.

(d) The amount of the prepaid wireless 9-1-1 surcharge that

is collected by a seller from a consumer, if such amount is

separately stated on an invoice, receipt, or other similar

document provided to the consumer by the seller, shall not be

included in the base for measuring any tax, fee, surcharge, or

other charge that is imposed by this State, any political

subdivision of this State, or any intergovernmental agency.

(e) (Blank).

(e-5) Any changes in the rate of the surcharge imposed by a

municipality under the authority granted in subsection (a-5) of

this Section shall be effective on the first day of the first

calendar month to occur at least 60 days after the enactment of

the change. The Department shall provide not less than 30 days'

notice of the increase or reduction in the rate of such

surcharge on the Department's website.

(f) When prepaid wireless telecommunications service is

sold with one or more other products or services for a single,

non-itemized price, then the percentage specified in

subsection (a) or (a-5) of this Section 15 shall be applied to

the entire non-itemized price unless the seller elects to apply

the percentage to (i) the dollar amount of the prepaid wireless

telecommunications service if that dollar amount is disclosed

to the consumer or (ii) the portion of the price that is

attributable to the prepaid wireless telecommunications

service if the retailer can identify that portion by reasonable

and verifiable standards from its books and records that are

kept in the regular course of business for other purposes,

including, but not limited to, books and records that are kept

for non-tax purposes. However, if a minimal amount of prepaid

wireless telecommunications service is sold with a prepaid

wireless device for a single, non-itemized price, then the

seller may elect not to apply the percentage specified in

subsection (a) or (a-5) of this Section 15 to such transaction.

For purposes of this subsection, an amount of service

denominated as 10 minutes or less or $5 or less is considered

minimal.

(g) The prepaid wireless 9-1-1 surcharge imposed under

subsections (a) and (a-5) of this Section is not imposed on the

provider or the consumer for wireless Lifeline service where

the consumer does not pay the provider for the service. Where

the consumer purchases from the provider optional minutes,

texts, or other services in addition to the federally funded

Lifeline benefit, a consumer must pay the prepaid wireless

9-1-1 surcharge, and it must be collected by the seller

according to subsection (b-5).

(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)

Section 25. The Public Utilities Act is amended by

reenacting Articles XIII and XXI, by changing Sections 13-102,

13-103, 13-230, 13-301.1, 13-406, 13-703, 13-1200, 21-401, and

21-1601, and by adding Sections 13-406.1, 13-904, and 21-1503

as follows:

(220 ILCS 5/Art. XIII heading)

ARTICLE XIII. TELECOMMUNICATIONS

(220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)

Sec. 13-100. This Article shall be known and may be cited

as the Universal Telephone Service Protection Law of 1985.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)

Sec. 13-101. Application of Act to telecommunications

rates and services. The Sections of this Act pertaining to

public utilities, public utility rates and services, and the

regulation thereof, are fully and equally applicable to

noncompetitive telecommunications rates and services, and the

regulation thereof, except to the extent modified or

supplemented by the specific provisions of this Article or

where the context clearly renders such provisions

inapplicable. Articles I through IV, Sections 5-101, 5-106,

5-108, 5-110, 5-201, 5-202.1, 5-203, 8-301, 8-305, 8-501,

8-502, 8-503, 8-505, 8-509, 8-509.5, 8-510, 9-221, 9-222,

9-222.1, 9-222.2, 9-241, 9-250, and 9-252.1, and Article X of

this Act are fully and equally applicable to the noncompetitive

and competitive services of an Electing Provider and to

competitive telecommunications rates and services, and the

regulation thereof except that Section 5-109 shall apply to the

services of an Electing Provider and to competitive

telecommunications rates and services only to the extent that

the Commission requires annual reports authorized by Section

5-109, provided the telecommunications provider may use

generally accepted accounting practices or accounting systems

it uses for financial reporting purposes in the annual report,

and except that Sections 8-505 and 9-250 shall not apply to

competitive retail telecommunications services and Sections

8-501 and 9-241 shall not apply to competitive services; in

addition, as to competitive telecommunications rates and

services, and the regulation thereof, and with the exception of

competitive retail telecommunications service rates and

services, all rules and regulations made by a

telecommunications carrier affecting or pertaining to its

charges or service shall be just and reasonable. As of the

effective date of this amendatory Act of the 92nd General

Assembly, Sections 4-202, 4-203, and 5-202 of this Act shall

cease to apply to telecommunications rates and services.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)

Sec. 13-102. Findings. With respect to telecommunications

services, as herein defined, the General Assembly finds that:

(a) universally available and widely affordable

telecommunications services are essential to the health,

welfare and prosperity of all Illinois citizens;

(b) federal regulatory and judicial rulings in the 1980s

caused a restructuring of the telecommunications industry and

opened some aspects of the industry to competitive entry,

thereby necessitating revision of State telecommunications

regulatory policies and practices;

(c) revisions in telecommunications regulatory policies

and practices in Illinois beginning in the mid-1980s brought

the benefits of competition to consumers in many

telecommunications markets, but not in local exchange

telecommunications service markets;

(d) the federal Telecommunications Act of 1996 established

the goal of opening all telecommunications service markets to

competition and accords to the states the responsibility to

establish and enforce policies necessary to attain that goal;

(e) it is in the immediate interest of the People of the

State of Illinois for the State to exercise its rights within

the new framework of federal telecommunications policy to

ensure that the economic benefits of competition in all

telecommunications service markets are realized as effectively

as possible;

(f) the competitive offering of all telecommunications

services will increase innovation and efficiency in the

provision of telecommunications services and may lead to

reduced prices for consumers, increased investment in

communications infrastructure, the creation of new jobs, and

the attraction of new businesses to Illinois; and

(g) protection of the public interest requires changes in

the regulation of telecommunications carriers and services to

ensure, to the maximum feasible extent, the reasonable and

timely development of effective competition in all

telecommunications service markets; .

(h) Illinois residents rely on today's modern wired and

wireless Internet Protocol (IP) networks and services to

improve their lives by connecting them to school and college

degrees, work and job opportunities, family and friends,

information, and entertainment, as well as emergency

responders and public safety officials; Illinois businesses

rely on these modern IP networks and services to compete in a

global marketplace by expanding their customer base, managing

inventory and operations more efficiently, and offering

customers specialized and personalized products and services;

without question, Illinois residents and our State's economy

rely profoundly on the modern wired and wireless IP networks

and services in our State;

(i) the transition from 20th century traditional circuit

switched and other legacy telephone services to modern 21st

century next generation Internet Protocol (IP) services is

taking place at an extraordinary pace as Illinois consumers are

upgrading to home communications service using IP technology,

including high speed Internet, Voice over Internet Protocol,

and wireless service;

(j) this rapid transition to IP-based communications has

dramatically transformed the way people communicate and has

provided significant benefits to consumers in the form of

innovative functionalities resulting from the seamless

convergence of voice, video, and text, benefits realized by the

General Assembly when it chose to transition its own

telecommunications system to an all IP communications network

in 2016;

(k) the benefits of the transition to IP-based networks and

services were also recognized by the General Assembly in 2015

through the enactment of legislation requiring that every 9-1-1

emergency system in Illinois provide Next Generation 9-1-1

service by July 1, 2020, and requiring that the Next Generation

9-1-1 network must be an IP-based platform; and

(l) completing the transition to all IP-based networks and

technologies is in the public interest because it will promote

continued innovation, consumer benefits, increased

efficiencies, and increased investment in IP-based networks

and services.

(Source: P.A. 90-185, eff. 7-23-97.)

(220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)

Sec. 13-103. Policy. Consistent with its findings, the

General Assembly declares that it is the policy of the State of

Illinois that:

(a) telecommunications services should be available to all

Illinois citizens at just, reasonable, and affordable rates and

that such services should be provided as widely and

economically as possible in sufficient variety, quality,

quantity and reliability to satisfy the public interest;

(b) consistent with the protection of consumers of

telecommunications services and the furtherance of other

public interest goals, competition in all telecommunications

service markets should be pursued as a substitute for

regulation in determining the variety, quality and price of

telecommunications services and that the economic burdens of

regulation should be reduced to the extent possible consistent

with the furtherance of market competition and protection of

the public interest;

(c) all necessary and appropriate modifications to State

regulation of telecommunications carriers and services should

be implemented without unnecessary disruption to the

telecommunications infrastructure system or to consumers of

telecommunications services and that it is necessary and

appropriate to establish rules to encourage and ensure orderly

transitions in the development of markets for all

telecommunications services;

(d) the consumers of telecommunications services and

facilities provided by persons or companies subject to

regulation pursuant to this Act and Article should be required

to pay only reasonable and non-discriminatory rates or charges

and that in no case should rates or charges for non-competitive

telecommunications services include any portion of the cost of

providing competitive telecommunications services, as defined

in Section 13-209, or the cost of any nonregulated activities;

(e) the regulatory policies and procedures provided in this

Article are established in recognition of the changing nature

of the telecommunications industry and therefore should be

subject to systematic legislative review to ensure that the

public benefits intended to result from such policies and

procedures are fully realized; and

(f) development of and prudent investment in advanced

telecommunications services and networks that foster economic

development of the State should be encouraged through the

implementation and enforcement of policies that promote

effective and sustained competition in all telecommunications

service markets; and .

(g) completion of the transition to modern IP-based

networks should be encouraged through relief from the outdated

regulations that require continued investment in legacy

circuit switched networks from which Illinois consumers have

largely transitioned, while at the same time ensuring that

consumers have access to available alternative services that

provide quality voice service and access to emergency

communications.

(Source: P.A. 90-185, eff. 7-23-97.)

(220 ILCS 5/13-201) (from Ch. 111 2/3, par. 13-201)

Sec. 13-201. Unless otherwise specified, the terms set

forth in the following Sections preceding Section 13-301 of

this Article are used in this Act and Article as herein

defined.

(Source: P.A. 85-1405.)

(220 ILCS 5/13-202) (from Ch. 111 2/3, par. 13-202)

Sec. 13-202. "Telecommunications carrier" means and

includes every corporation, company, association, joint stock

company or association, firm, partnership or individual, their

lessees, trustees or receivers appointed by any court

whatsoever that owns, controls, operates or manages, within

this State, directly or indirectly, for public use, any plant,

equipment or property used or to be used for or in connection

with, or owns or controls any franchise, license, permit or

right to engage in the provision of, telecommunications

services between points within the State which are specified by

the user. "Telecommunications carrier" includes an Electing

Provider, as defined in Section 13-506.2. Telecommunications

carrier does not include, however:

(a) telecommunications carriers that are owned and

operated by any political subdivision, public or private

institution of higher education or municipal corporation of

this State, for their own use, or telecommunications carriers

that are owned by such political subdivision, public or private

institution of higher education, or municipal corporation and

operated by any of its lessees or operating agents, for their

own use;

(b) telecommunications carriers which are purely mutual

concerns, having no rates or charges for services, but paying

the operating expenses by assessment upon the members of such a

company and no other person but does include telephone or

telecommunications cooperatives as defined in Section 13-212;

(c) a company or person which provides telecommunications

services solely to itself and its affiliates or members or

between points in the same building, or between closely located

buildings, affiliated through substantial common ownership,

control or development; or

(d) a company or person engaged in the delivery of

community antenna television services as described in

subdivision (c) of Section 13-203, except with respect to the

provision of telecommunications services by that company or

person.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-202.5)

Sec. 13-202.5. Incumbent local exchange carrier.

"Incumbent local exchange carrier" means, with respect to an

area, the telecommunications carrier that provided

noncompetitive local exchange telecommunications service in

that area on February 8, 1996, and on that date was deemed a

member of the exchange carrier association pursuant to 47

C.F.R. 69.601(b), and includes its successors, assigns, and

affiliates.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)

Sec. 13-203. Telecommunications service.

"Telecommunications service" means the provision or

offering for rent, sale or lease, or in exchange for other

value received, of the transmittal of information, by means of

electromagnetic, including light, transmission with or without

benefit of any closed transmission medium, including all

instrumentalities, facilities, apparatus, and services

(including the collection, storage, forwarding, switching, and

delivery of such information) used to provide such transmission

and also includes access and interconnection arrangements and

services.

"Telecommunications service" does not include, however:

(a) the rent, sale, or lease, or exchange for other

value received, of customer premises equipment except for

customer premises equipment owned or provided by a

telecommunications carrier and used for answering 911

calls, and except for customer premises equipment provided

under Section 13-703;

(b) telephone or telecommunications answering

services, paging services, and physical pickup and

delivery incidental to the provision of information

transmitted through electromagnetic, including light,

transmission;

(c) community antenna television service which is

operated to perform for hire the service of receiving and

distributing video and audio program signals by wire, cable

or other means to members of the public who subscribe to

such service, to the extent that such service is utilized

solely for the one-way distribution of such entertainment

services with no more than incidental subscriber

interaction required for the selection of such

entertainment service.

The Commission may, by rulemaking, exclude (1) private line

service which is not directly or indirectly used for the

origination or termination of switched telecommunications

service, (2) cellular radio service, (3) high-speed

point-to-point data transmission at or above 9.6 kilobits, or

(4) the provision of telecommunications service by a company or

person otherwise subject to Section 13-202 (c) to a

telecommunications carrier, which is incidental to the

provision of service subject to Section 13-202 (c), from active

regulatory oversight to the extent it finds, after notice,

hearing and comment that such exclusion is consistent with the

public interest and the purposes and policies of this Article.

To the extent that the Commission has excluded cellular radio

service from active regulatory oversight for any provider of

cellular radio service in this State pursuant to this Section,

the Commission shall exclude all other providers of cellular

radio service in the State from active regulatory oversight

without an additional rulemaking proceeding where there are 2

or more certified providers of cellular radio service in a

geographic area.

(Source: P.A. 90-185, eff. 7-23-97.)

(220 ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204)

Sec. 13-204. "Local Exchange Telecommunications Service"

means telecommunications service between points within an

exchange, as defined in Section 13-206, or the provision of

telecommunications service for the origination or termination

of switched telecommunications services.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-205) (from Ch. 111 2/3, par. 13-205)

Sec. 13-205. "Interexchange Telecommunications Service"

means telecommunications service between points in two or more

exchanges.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-206) (from Ch. 111 2/3, par. 13-206)

Sec. 13-206. Exchange. "Exchange" means a geographical

area for the administration of telecommunications services,

established and described by the tariff of a telecommunications

carrier providing local exchange telecommunications service,

and consisting of one or more contiguous central offices,

together with associated facilities used in providing such

local exchange telecommunications service. To the extent

practicable, a municipality, city, or village shall not be

located in more than one exchange unless the municipality,

city, or village is located in more than one exchange through

annexation that occurs after the establishment of the exchange

boundary.

(Source: P.A. 87-856.)

(220 ILCS 5/13-207) (from Ch. 111 2/3, par. 13-207)

Sec. 13-207. "Local Access and Transport Area (LATA)" means

a geographical area designated by the Modification of Final

Judgment in U.S. v. Western Electric Co., Inc., 552 F. Supp.

131 (D.D.C. 1982), as modified from time to time.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-208) (from Ch. 111 2/3, par. 13-208)

Sec. 13-208. "Market Service Area (MSA)" means a

geographical area consisting of one or more exchanges, defined

by the Commission for the administration of tariffs, services

and other regulatory obligations. The term Market Service Area

includes those areas previously designated by the Commission.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-209) (from Ch. 111 2/3, par. 13-209)

Sec. 13-209. "Competitive Telecommunications Service"

means a telecommunications service, its functional equivalent

or a substitute service, which, for some identifiable class or

group of customers in an exchange, group of exchanges, or some

other clearly defined geographical area, is reasonably

available from more than one provider, whether or not such

provider is a telecommunications carrier subject to regulation

under this Act. A telecommunications service may be competitive

for the entire state, some geographical area therein, including

an exchange or set of exchanges, or for a specific customer or

class or group of customers, but only to the extent consistent

with this definition.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-210) (from Ch. 111 2/3, par. 13-210)

Sec. 13-210. "Noncompetitive Telecommunications Service"

means a telecommunications service other than a competitive

service as defined in Section 13-209.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-211) (from Ch. 111 2/3, par. 13-211)

Sec. 13-211. "Resale of Telecommunications Service" means

the offering or provision of telecommunications service

primarily through the use of services or facilities owned or

provided by a separate telecommunications carrier.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-212) (from Ch. 111 2/3, par. 13-212)

Sec. 13-212. "Telephone or Telecommunications Cooperative"

means any Illinois corporation organized on a cooperative basis

for the furnishing of telephone or telecommunications service.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-213) (from Ch. 111 2/3, par. 13-213)

Sec. 13-213. "Hearing-aid compatible telephone" means a

telephone so equipped that it can activate an inductive

coupling hearing-aid or which will provide an alternative

technology that provides equally effective telephone service

and which will provide equipment necessary for the hearing

impaired to use generally available telecommunications

services effectively or without assistance.

(Source: P.A. 85-1405.)

(220 ILCS 5/13-214) (from Ch. 111 2/3, par. 13-214)

Sec. 13-214. (a) "Public mobile services" means

air-to-ground radio telephone services, cellular radio

telecommunications services, offshore radio, rural radio

service, public land mobile telephone service and other common

carrier radio communications services.

(b) "Private radio services" means private land mobile

radio services and other communications services characterized

by the Commission as private radio services.

(Source: P.A. 85-1405.)

(220 ILCS 5/13-215) (from Ch. 111 2/3, par. 13-215)

Sec. 13-215. (a) "Essential telephones" means all coin

operated telephones in any public or semi-public location,

telephones provided for emergency use, a reasonable percentage

of telephones in hotels, motels, hospitals and nursing homes

and a reasonable percentage of credit card operated telephones

in any group of such telephones.

(b) "Emergency use telephones" includes all telephones

intended primarily to save persons from bodily injury, theft or

life threatening situations. This definition includes, but is

not limited to telephones in elevators, on highways and

telephones to alert police, a fire department or other

emergency service providers.

(Source: P.A. 85-1405.)

(220 ILCS 5/13-216)

Sec. 13-216. Network element. "Network element" means a

facility or equipment used in the provision of a

telecommunications service. The term also includes features,

functions, and capabilities that are provided by means of the

facility or equipment, including, but not limited to,

subscriber numbers, databases, signaling systems, and

information sufficient for billing and collection or used in

the transmission, routing, or other provision of a

telecommunications service.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-217)

Sec. 13-217. End user. "End user" means any person,

corporation, partnership, firm, municipality, cooperative,

organization, governmental agency, building owner, or other

entity provided with a telecommunications service for its own

consumption and not for resale.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-218)

Sec. 13-218. Business end user. "Business end user" means

(1) an end user engaged primarily or substantially in a paid

commercial, professional, or institutional activity; (2) an

end user provided telecommunications service in a commercial,

professional, or institutional location, or other location

serving primarily or substantially as a site of an activity for

pay; (3) an end user whose telecommunications service is listed

as the principal or only number for a business in any yellow

pages directory; (4) an end user whose telecommunications

service is used to conduct promotions, solicitations, or market

research for which compensation or reimbursement is paid or

provided; provided, however, that the use of

telecommunications service, without compensation or

reimbursement, for a charitable or civic purpose shall not

constitute business use of a telecommunications service.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-219)

Sec. 13-219. Residential end user. "Residential end user"

means an end user other than a business end user.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-220)

Sec. 13-220. Retail telecommunications service. "Retail

telecommunications service" means a telecommunications service

sold to an end user. "Retail telecommunications service" does

not include a telecommunications service provided by a

telecommunications carrier to a telecommunications carrier,

including to itself, as a component of, or for the provision

of, telecommunications service. A business retail

telecommunications service is a retail telecommunications

service provided to a business end user. A residential retail

telecommunications service is a retail telecommunications

service provided to a residential end user.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-230)

Sec. 13-230. Prepaid calling service. "Prepaid calling

service" means telecommunications service that must be paid for

in advance by an end user, enables the end user to originate

calls using an access number or authorization code, whether

manually or electronically dialed, and is sold in predetermined

units or dollars of which the number declines with use in a

known amount. A prepaid calling service call is a call made by

an end user using prepaid calling service. "Prepaid calling

service" does not include a wireless telecommunications

service that allows a caller to dial 9-1-1 to access the 9-1-1

system, which service must be paid for in advance, and is sold

in predetermined units or dollars and the amount declines with

use in a known amount prepaid wireless telecommunications

service as defined in Section 10 of the Wireless Emergency

Telephone Safety Act.

(Source: P.A. 97-463, eff. 1-1-12.)

(220 ILCS 5/13-231)

Sec. 13-231. Prepaid calling service provider. "Prepaid

calling service provider" means and includes every

corporation, company, association, joint stock company or

association, firm, partnership, or individual and their

lessees, trustees, or receivers appointed by any court

whatsoever that contracts directly with a telecommunications

carrier to resell or offers to resell telecommunications

service as prepaid calling service to one or more distributors,

prepaid calling resellers, prepaid calling service retailers,

or end users.

(Source: P.A. 93-1002, eff. 1-1-05.)

(220 ILCS 5/13-232)

Sec. 13-232. Prepaid calling service retailer. "Prepaid

calling service retailer" means and includes every

corporation, company, association, joint stock company or

association, firm, partnership, or individual and their

lessees, trustees, or receivers appointed by any court

whatsoever that sells or offers to sell prepaid calling service

directly to one or more end users.

(Source: P.A. 93-1002, eff. 1-1-05.)

(220 ILCS 5/13-233)

Sec. 13-233. Prepaid calling service reseller. "Prepaid

calling service reseller" means and includes every

corporation, company, association, joint stock company or

association, firm, partnership, or individual and their

lessees, trustees, or receivers appointed by any court

whatsoever that purchases prepaid calling services from a

prepaid calling service provider or distributor and sells those

services to one or more distributors of prepaid calling

services or to one or more prepaid calling service retailers.

(Source: P.A. 93-1002, eff. 1-1-05.)

(220 ILCS 5/13-234)

Sec. 13-234. Interconnected voice over Internet protocol

service. "Interconnected voice over Internet protocol service"

or "Interconnected VoIP service" has the meaning prescribed in

47 CFR 9.3 as defined on the effective date of this amendatory

Act of the 96th General Assembly or as amended thereafter.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-235)

Sec. 13-235. Interconnected voice over Internet protocol

provider. "Interconnected voice over Internet protocol

provider" or "Interconnected VoIP provider" means and includes

every corporation, company, association, joint stock company

or association, firm, partnership, or individual, their

lessees, trustees, or receivers appointed by any court

whatsoever that owns, controls, operates, manages, or provides

within this State, directly or indirectly, Interconnected

voice over Internet protocol service.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)

Sec. 13-301. Duties of the Commission.

(1) Consistent with the findings and policy established in

paragraph (a) of Section 13-102 and paragraph (a) of Section

13-103, and in order to ensure the attainment of such policies,

the Commission shall:

(a) participate in all federal programs intended to

preserve or extend universal telecommunications service,

unless such programs would place cost burdens on Illinois

customers of telecommunications services in excess of the

benefits they would receive through participation,

provided, however, the Commission shall not approve or

permit the imposition of any surcharge or other fee

designed to subsidize or provide a waiver for subscriber

line charges; and shall report on such programs together

with an assessment of their adequacy and the advisability

of participating therein in its annual report to the

General Assembly, or more often as necessary;

(b) (blank);

(c) order all telecommunications carriers offering or

providing local exchange telecommunications service to

propose low-cost or budget service tariffs and any other

rate design or pricing mechanisms designed to facilitate

customer access to such telecommunications service,

provided that services offered by any telecommunications

carrier at the rates, terms, and conditions specified in

Section 13-506.2 or Section 13-518 of this Article shall

constitute compliance with this Section. A

telecommunications carrier may seek Commission approval of

other low-cost or budget service tariffs or rate design or

pricing mechanisms to comply with this Section;

(d) investigate the necessity of and, if appropriate,

establish a universal service support fund from which local

exchange telecommunications carriers who pursuant to the

Twenty-Seventh Interim Order of the Commission in Docket

No. 83-0142 or the orders of the Commission in Docket No.

97-0621 and Docket No. 98-0679 received funding and whose

economic costs of providing services for which universal

service support may be made available exceed the affordable

rate established by the Commission for such services may be

eligible to receive support, less any federal universal

service support received for the same or similar costs of

providing the supported services; provided, however, that

if a universal service support fund is established, the

Commission shall require that all costs of the fund be

recovered from all local exchange and interexchange

telecommunications carriers certificated in Illinois on a

competitively neutral and nondiscriminatory basis. In

establishing any such universal service support fund, the

Commission shall, in addition to the determination of costs

for supported services, consider and make findings

pursuant to subsection (2) of this Section. Proxy cost, as

determined by the Commission, may be used for this purpose.

In determining cost recovery for any universal service

support fund, the Commission shall not permit recovery of

such costs from another certificated carrier for any

service purchased and used solely as an input to a service

provided to such certificated carrier's retail customers.

(2) In any order creating a fund pursuant to paragraph (d)

of subsection (1), the Commission, after notice and hearing,

shall:

(a) Define the group of services to be declared

"supported telecommunications services" that constitute

"universal service". This group of services shall, at a

minimum, include those services as defined by the Federal

Communications Commission and as from time to time amended.

In addition, the Commission shall consider the range of

services currently offered by telecommunications carriers

offering local exchange telecommunications service, the

existing rate structures for the supported

telecommunications services, and the telecommunications

needs of Illinois consumers in determining the supported

telecommunications services. The Commission shall, from

time to time or upon request, review and, if appropriate,

revise the group of Illinois supported telecommunications

services and the terms of the fund to reflect changes or

enhancements in telecommunications needs, technologies,

and available services.

(b) Identify all implicit subsidies contained in rates

or charges of incumbent local exchange carriers, including

all subsidies in interexchange access charges, and

determine how such subsidies can be made explicit by the

creation of the fund.

(c) Establish an affordable price for the supported

telecommunications services for the respective incumbent

local exchange carrier. The affordable price shall be no

less than the rates in effect at the time the Commission

creates a fund pursuant to this item. The Commission may

establish and utilize indices or models for updating the

affordable price for supported telecommunications

services.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)

Sec. 13-301.1. Universal Telephone Service Assistance

Program.

(a) The Commission shall by rule or regulation establish a

Universal Telephone Service Assistance Program for low income

residential customers. The program shall provide for a

reduction of access line charges, a reduction of connection

charges, or any other alternative assistance or program to

increase accessibility to telephone service and broadband

Internet access service that the Commission deems advisable

subject to the availability of funds for the program as

provided in subsections subsection (d) and (e). The Commission

shall establish eligibility requirements for benefits under

the program.

(b) The Commission shall adopt rules providing for enhanced

enrollment for eligible consumers to receive lifeline service.

Enhanced enrollment may include, but is not limited to, joint

marketing, joint application, or joint processing with the

Low-Income Home Energy Assistance Program, the Medicaid

Program, and the Food Stamp Program. The Department of Human

Services, the Department of Healthcare and Family Services, and

the Department of Commerce and Economic Opportunity, upon

request of the Commission, shall assist in the adoption and

implementation of those rules. The Commission and the

Department of Human Services, the Department of Healthcare and

Family Services, and the Department of Commerce and Economic

Opportunity may enter into memoranda of understanding

establishing the respective duties of the Commission and the

Departments in relation to enhanced enrollment.

(c) In this Section: ,

"Lifeline "lifeline service" means a retail local

service offering described by 47 CFR C.F.R. Section

54.401(a), as amended.

(d) The Commission shall require by rule or regulation that

each telecommunications carrier providing local exchange

telecommunications services notify its customers that if the

customer wishes to participate in the funding of the Universal

Telephone Service Assistance Program he may do so by electing

to contribute, on a monthly basis, a fixed amount that will be

included in the customer's monthly bill. The customer may cease

contributing at any time upon providing notice to the

telecommunications carrier providing local exchange

telecommunications services. The notice shall state that any

contribution made will not reduce the customer's bill for

telecommunications services. Failure to remit the amount of

increased payment will reduce the contribution accordingly.

The Commission shall specify the monthly fixed amount or

amounts that customers wishing to contribute to the funding of

the Universal Telephone Service Assistance Program may choose

from in making their contributions. Every telecommunications

carrier providing local exchange telecommunications services

shall remit the amounts contributed in accordance with the

terms of the Universal Telephone Service Assistance Program.

(e) Amounts collected and remitted under subsection (d)

may, to the extent the Commission deems advisable, be used for

funding a program to be administered by the entity designated

by the Commission as administrator of the Universal Telephone

Service Assistance Program for educating and assisting

low-income residential customers with a transition to Internet

protocol-based networks and services. This program may

include, but need not be limited to, measures designed to

notify and educate residential customers regarding the

availability of alternative voice services with access to

9-1-1, access to and use of broadband Internet access service,

and pricing options.

(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)";

and

(220 ILCS 5/13-301.2)

Sec. 13-301.2. Program to Foster Elimination of the Digital

Divide. The Commission shall require by rule that each

telecommunications carrier providing local exchange

telecommunications service notify its end-user customers that

if the customer wishes to participate in the funding of the

Program to Foster Elimination of the Digital Divide he or she

may do so by electing to contribute, on a monthly basis, a

fixed amount that will be included in the customer's monthly

bill. The obligations imposed in this Section shall not be

imposed upon a telecommunications carrier for any of its

end-users subscribing to the services listed below: (1) private

line service which is not directly or indirectly used for the

origination or termination of switched telecommunications

service, (2) cellular radio service, (3) high-speed

point-to-point data transmission at or above 9.6 kilobits, (4)

the provision of telecommunications service by a company or

person otherwise subject to subsection (c) of Section 13-202 to

a telecommunications carrier, which is incidental to the

provision of service subject to subsection (c) of Section

13-202; (5) pay telephone service; or (6) interexchange

telecommunications service. The customer may cease

contributing at any time upon providing notice to the

telecommunications carrier. The notice shall state that any

contribution made will not reduce the customer's bill for

telecommunications services. Failure to remit the amount of

increased payment will reduce the contribution accordingly.

The Commission shall specify the monthly fixed amount or

amounts that customers wishing to contribute to the funding of

the Program to Foster Elimination of the Digital Divide may

choose from in making their contributions. A

telecommunications carrier subject to this obligation shall

remit the amounts contributed by its customers to the

Department of Commerce and Economic Opportunity for deposit in

the Digital Divide Elimination Fund at the intervals specified

in the Commission rules.

(Source: P.A. 93-358, eff. 1-1-04; 94-793, eff. 5-19-06.)

(220 ILCS 5/13-301.3)

Sec. 13-301.3. Digital Divide Elimination Infrastructure

Program.

(a) The Digital Divide Elimination Infrastructure Fund is

created as a special fund in the State treasury. All moneys in

the Fund shall be used, subject to appropriation, by the

Commission to fund (i) the construction of facilities specified

in Commission rules adopted under this Section and (ii) the

accessible electronic information program, as provided in

Section 20 of the Accessible Electronic Information Act. The

Commission may accept private and public funds, including

federal funds, for deposit into the Fund. Earnings attributable

to moneys in the Fund shall be deposited into the Fund.

(b) The Commission shall adopt rules under which it will

make grants out of funds appropriated from the Digital Divide

Elimination Infrastructure Fund to eligible entities as

specified in the rules for the construction of high-speed data

transmission facilities in eligible areas of the State. For

purposes of determining whether an area is an eligible area,

the Commission shall consider, among other things, whether (i)

in such area, advanced telecommunications services, as defined

in subsection (c) of Section 13-517 of this Act, are

under-provided to residential or small business end users,

either directly or indirectly through an Internet Service

Provider, (ii) such area has a low population density, and

(iii) such area has not yet developed a competitive market for

advanced services. In addition, if an entity seeking a grant of

funds from the Digital Divide Elimination Infrastructure Fund

is an incumbent local exchange carrier having the duty to serve

such area, and the obligation to provide advanced services to

such area pursuant to Section 13-517 of this Act, the entity

shall demonstrate that it has sought and obtained an exemption

from such obligation pursuant to subsection (b) of Section

13-517. Any entity seeking a grant of funds from the Digital

Divide Elimination Infrastructure Fund shall demonstrate to

the Commission that the grant shall be used for the

construction of high-speed data transmission facilities in an

eligible area and demonstrate that it satisfies all other

requirements of the Commission's rules. The Commission shall

determine the information that it deems necessary to award

grants pursuant to this Section.

(c) The rules of the Commission shall provide for the

competitive selection of recipients of grant funds available

from the Digital Divide Elimination Infrastructure Fund

pursuant to the Illinois Procurement Code. Grants shall be

awarded to bidders chosen on the basis of the criteria

established in such rules.

(d) All entities awarded grant moneys under this Section

shall maintain all records required by Commission rule for the

period of time specified in the rules. Such records shall be

subject to audit by the Commission, by any auditor appointed by

the State, or by any State officer authorized to conduct

audits.

(Source: P.A. 92-22, eff. 6-30-01; 93-306, eff. 7-23-03;

93-797, eff. 7-22-04.)

(220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302)

Sec. 13-302. (a) No telecommunications carrier shall

implement a local measured service calling plan which does not

include one of the following elements:

(1) the residential customer has the option of a flat

rate local calling service under which local calls are not

charged for frequency or duration; or

(2) residential calls to points within an untimed

calling zone approved by the Commission are not charged for

duration; or

(3) a low income residential Universal Service

Assistance Program, which meets criteria set forth by the

Commission, is available.

(b) In formulating the criteria for the low income

residential Universal Service Assistance Program referred to

in paragraph (3) of subsection (a), the Commission shall

consider the desirability of various alternatives, including a

reduction of the access line charge or connection charge for

eligible customers.

(c) For local measured service plans implemented prior to

the effective date of this amendatory Act of 1987 which do not

contain one of the elements specified in paragraph (1) or (2)

of subsection (a) of this Section, the Commission shall order

the telecommunications carrier having such a plan to include

one of the elements specified in paragraph (1) or (2) of

subsection (a) of this Section by January 1, 1989.

(Source: P.A. 85-1286.)

(220 ILCS 5/13-303)

Sec. 13-303. Action to enforce law or orders. Whenever the

Commission is of the opinion that a telecommunications carrier

is failing or omitting, or is about to fail or omit, to do

anything required of it by law or by an order, decision, rule,

regulation, direction, or requirement of the Commission or is

doing or permitting anything to be done, or is about to do

anything or is about to permit anything to be done, contrary to

or in violation of law or an order, decision, rule, regulation,

direction, or requirement of the Commission, the Commission

shall file an action or proceeding in the circuit court in and

for the county in which the case or some part thereof arose or

in which the telecommunications carrier complained of has its

principal place of business, in the name of the People of the

State of Illinois for the purpose of having the violation or

threatened violation stopped and prevented either by mandamus

or injunction. The Commission may express its opinion in a

resolution based upon whatever factual information has come to

its attention and may issue the resolution ex parte and without

holding any administrative hearing before bringing suit.

Except in cases involving an imminent threat to the public

health and safety, no such resolution shall be adopted until 48

hours after the telecommunications carrier has been given

notice of (i) the substance of the alleged violation, including

citation to the law, order, decision, rule, regulation, or

direction of the Commission alleged to have been violated and

(ii) the time and the date of the meeting at which such

resolution will first be before the Commission for

consideration.

The Commission shall file the action or proceeding by

complaint in the circuit court alleging the violation or

threatened violation complained of and praying for appropriate

relief by way of mandamus or injunction. It shall be the duty

of the court to specify a time, not exceeding 20 days after the

service of the copy of the complaint, within which the

telecommunications carrier complained of must answer the

complaint, and in the meantime the telecommunications carrier

may be restrained. In case of default in answer or after

answer, the court shall immediately inquire into the facts and

circumstances of the case. The telecommunications carrier and

persons that the court may deem necessary or proper may be

joined as parties. The final judgment in any action or

proceeding shall either dismiss the action or proceeding or

grant relief by mandamus or injunction as prayed for in the

complaint, or in such modified or other form as will afford

appropriate relief in the court's judgment.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-303.5)

Sec. 13-303.5. Injunctive relief. If, after a hearing, the

Commission determines that a telecommunications carrier has

violated this Act or a Commission order or rule, any

telecommunications carrier adversely affected by the violation

may seek injunctive relief in circuit court.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-304)

Sec. 13-304. Action to recover civil penalties.

(a) The Commission shall assess and collect all civil

penalties established under this Act against

telecommunications carriers, corporations other than

telecommunications carriers, and persons acting as

telecommunications carriers. Except for the penalties provided

under Section 2-202, civil penalties may be assessed only after

notice and opportunity to be heard. Any such civil penalty may

be compromised by the Commission. In determining the amount of

the civil penalty to be assessed, or the amount of the civil

penalty to be compromised, the Commission is authorized to

consider any matters of record in aggravation or mitigation of

the penalty, including but not limited to the following:

(1) the duration and gravity of the violation of the

Act, the rules, or the order of the Commission;

(2) the presence or absence of due diligence on the

part of the violator in attempting either to comply with

requirements of the Act, the rules, or the order of the

Commission, or to secure lawful relief from those

requirements;

(3) any economic benefits accrued by the violator

because of the delay in compliance with requirements of the

Act, the rules, or the order of the Commission; and

(4) the amount of monetary penalty that will serve to

deter further violations by the violator and to otherwise

aid in enhancing voluntary compliance with the Act, the

rules, or the order of the Commission by the violator and

other persons similarly subject to the Act.

(b) If timely judicial review of a Commission order that

imposes a civil penalty is taken by a telecommunications

carrier, a corporation other than a telecommunications

carrier, or a person acting as a telecommunications carrier on

whom or on which the civil penalty has been imposed, the

reviewing court shall enter a judgment on all amounts upon

affirmance of the Commission order. If timely judicial review

is not taken and the civil penalty remains unpaid for 60 days

after service of the order, the Commission in its discretion

may either begin revocation proceedings or bring suit to

recover the penalties. Unless stayed by a reviewing court,

interest shall accrue from the 60th day after the date of

service of the Commission order to the date full payment is

received by the Commission.

(c) Actions to recover delinquent civil penalties under

this Section shall be brought in the name of the People of the

State of Illinois in the circuit court in and for the county in

which the cause, or some part thereof, arose, or in which the

entity complained of resides. The action shall be commenced and

prosecuted to final judgement by the Commission. In any such

action, all interest incurred up to the time of final court

judgment may be recovered in that action. In all such actions,

the procedure and rules of evidence shall be the same as in

ordinary civil actions, except as otherwise herein provided.

Any such action may be compromised or discontinued on

application of the Commission upon such terms as the court

shall approve and order.

(d) Civil penalties related to the late filing of reports,

taxes, or other filings shall be paid into the State treasury

to the credit of the Public Utility Fund. Except as otherwise

provided in this Act, all other fines and civil penalties shall

be paid into the State treasury to the credit of the General

Revenue Fund.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-305)

Sec. 13-305. Amount of civil penalty. A telecommunications

carrier, any corporation other than a telecommunications

carrier, or any person acting as a telecommunications carrier

that violates or fails to comply with any provisions of this

Act or that fails to obey, observe, or comply with any order,

decision, rule, regulation, direction, or requirement, or any

part or provision thereof, of the Commission, made or issued

under authority of this Act, in a case in which a civil penalty

is not otherwise provided for in this Act, but excepting

Section 5-202 of the Act, shall be subject to a civil penalty

imposed in the manner provided in Section 13-304 of no more

than $30,000 or 0.00825% of the carrier's gross intrastate

annual telecommunications revenue, whichever is greater, for

each offense unless the violator has fewer than 35,000

subscriber access lines, in which case the civil penalty may

not exceed $2,000 for each offense.

A telecommunications carrier subject to administrative

penalties resulting from a final Commission order approving an

intercorporate transaction entered pursuant to Section 7-204

of this Act shall be subject to penalties under this Section

imposed for the same conduct only to the extent that such

penalties exceed those imposed by the final Commission order.

Every violation of the provisions of this Act or of any

order, decision, rule, regulation, direction, or requirement

of the Commission, or any part or provision thereof, by any

corporation or person, is a separate and distinct offense.

Penalties under this Section shall attach and begin to accrue

from the day after written notice is delivered to such party or

parties that they are in violation of or have failed to comply

with this Act or an order, decision, rule, regulation,

direction, or requirement of the Commission, or part or

provision thereof. In case of a continuing violation, each

day's continuance thereof shall be a separate and distinct

offense.

In construing and enforcing the provisions of this Act

relating to penalties, the act, omission, or failure of any

officer, agent, or employee of any telecommunications carrier

or of any person acting within the scope of his or her duties

or employment shall in every case be deemed to be the act,

omission, or failure of such telecommunications carrier or

person.

If the party who has violated or failed to comply with this

Act or an order, decision, rule, regulation, direction, or

requirement of the Commission, or any part or provision

thereof, fails to seek timely review pursuant to Sections

10-113 and 10-201 of this Act, the party shall, upon expiration

of the statutory time limit, be subject to the civil penalty

provision of this Section.

Twenty percent of all moneys collected under this Section

shall be deposited into the Digital Divide Elimination Fund and

20% of all moneys collected under this Section shall be

deposited into the Digital Divide Elimination Infrastructure

Fund.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)

Sec. 13-401. Certificate of Service Authority.

(a) No telecommunications carrier not possessing a

certificate of public convenience and necessity or certificate

of authority from the Commission at the time this Article goes

into effect shall transact any business in this State until it

shall have obtained a certificate of service authority from the

Commission pursuant to the provisions of this Article.

No telecommunications carrier offering or providing, or

seeking to offer or provide, any interexchange

telecommunications service shall do so until it has applied for

and received a Certificate of Interexchange Service Authority

pursuant to the provisions of Section 13-403. No

telecommunications carrier offering or providing, or seeking

to offer or provide, any local exchange telecommunications

service shall do so until it has applied for and received a

Certificate of Exchange Service Authority pursuant to the

provisions of Section 13-405.

Notwithstanding Sections 13-403, 13-404, and 13-405, the

Commission shall approve a cellular radio application for a

Certificate of Service Authority without a hearing upon a

showing by the cellular applicant that the Federal

Communications Commission has issued to it a construction

permit or an operating license to construct or operate a

cellular radio system in the area as defined by the Federal

Communications Commission, or portion of the area, for which

the carrier seeks a Certificate of Service Authority.

No Certificate of Service Authority issued by the

Commission shall be construed as granting a monopoly or

exclusive privilege, immunity or franchise. The issuance of a

Certificate of Service Authority to any telecommunications

carrier shall not preclude the Commission from issuing

additional Certificates of Service Authority to other

telecommunications carriers providing the same or equivalent

service or serving the same geographical area or customers as

any previously certified carrier, except to the extent

otherwise provided by Sections 13-403 and 13-405.

Any certificate of public convenience and necessity

granted by the Commission to a telecommunications carrier prior

to the effective date of this Article shall remain in full

force and effect, and such carriers need not apply for a

Certificate of Service Authority in order to continue offering

or providing service to the extent authorized in such

certificate of public convenience and necessity. Any such

carrier, however, prior to substantially altering the nature or

scope of services provided under a certificate of public

convenience and necessity, or adding or expanding services

beyond the authority contained in such certificate, must apply

for a Certificate of Service Authority for such alterations or

additions pursuant to the provisions of this Article.

The Commission shall review and modify the terms of any

certificate of public convenience and necessity issued to a

telecommunications carrier prior to the effective date of this

Article in order to ensure its conformity with the requirements

and policies of this Article. Any Certificate of Service

Authority may be altered or modified by the Commission, after

notice and hearing, upon its own motion or upon application of

the person or company affected. Unless exercised within a

period of two years from the issuance thereof, authority

conferred by a Certificate of Service Authority shall be null

and void.

(b) The Commission may issue a temporary Certificate which

shall remain in force not to exceed one year in cases of

emergency, to assure maintenance of adequate service or to

serve particular customers, without notice and hearing,

pending the determination of an application for a Certificate,

and may by regulation exempt from the requirements of this

Section temporary acts or operations for which the issuance of

a certificate is not necessary in the public interest and which

will not be required therefor.

(Source: P.A. 87-856.)

(220 ILCS 5/13-401.1)

Sec. 13-401.1. Interconnected voice over Internet protocol

(VoIP) service provider registration.

(a) An Interconnected VoIP provider providing fixed or

non-nomadic service in Illinois on December 1, 2010 shall

register with the Commission no later than January 1, 2011. All

other Interconnected VoIP providers providing fixed or

non-nomadic service in Illinois shall register with the

Commission at least 30 days before providing service in

Illinois. The Commission shall prescribe a registration form no

later than October 1, 2010. The registration form prescribed by

the Commission shall only require the following information:

(1) the provider's legal name and any name under which

the provider does or will do business in Illinois, as

authorized by the Secretary of State;

(2) the provider's address and telephone number, along

with contact information for the person responsible for

ongoing communications with the Commission;

(3) a description of the provider's dispute resolution

process and, if any, the telephone number to initiate the

dispute resolution process; and

(4) a description of each exchange of a local exchange

company, in whole or in part, or the cities, towns, or

geographic areas, in whole or in part, in which the

provider is offering or proposes to offer Interconnected

VoIP service.

A provider must notify the Commission of any change in the

information identified in paragraphs (1), (2), (3), or (4) of

this subsection (a) within 5 business days after any such

change.

(b) A provider shall charge and collect from its end-user

customers, and remit to the appropriate authority, fees and

surcharges in the same manner as are charged and collected upon

end-user customers of local exchange telecommunications

service and remitted by local exchange telecommunications

companies for local enhanced 9-1-1 surcharges.

(c) A provider may designate information that it submits in

its registration form or subsequent reports as confidential or

proprietary, provided that the provider states the reasons the

confidential designation is necessary. The Commission shall

provide adequate protection for such information pursuant to

Section 4-404 of this Act. If the Commission or any other party

seeks public disclosure of information designated as

confidential, the Commission shall consider the confidential

designation in a proceeding under the Illinois Administrative

Procedure Act, and the burden of proof to demonstrate that the

designated information is confidential shall be upon the

provider. Designated information shall remain confidential

pending the Commission's determination of whether the

information is entitled to confidential treatment. Information

designated as confidential shall be provided to local units of

government for purposes of assessing compliance with this

Article as permitted under a protective order issued by the

Commission pursuant to the Commission's rules and to the

Attorney General pursuant to Section 6.5 of the Attorney

General Act. Information designated as confidential under this

Section or determined to be confidential upon Commission review

shall only be disclosed pursuant to a valid and enforceable

subpoena or court order or as required by the Freedom of

Information Act.

(d) Notwithstanding any other provision of law to the

contrary, the Commission shall have the authority, after notice

and hearing, to revoke or suspend the registration of any

provider that fails to comply with the requirements of this

Section.

(e) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-402) (from Ch. 111 2/3, par. 13-402)

Sec. 13-402. The Commission is authorized, in connection

with the issuance or modification of a Certificate of

Interexchange Service Authority or the modification of a

certificate of public convenience and necessity for

interexchange telecommunications service, to waive or modify

the application of its rules, general orders, procedures or

notice requirements when such action will reduce the economic

burdens of regulation and such waiver or modification is not

inconsistent with the law or the purposes and policies of this

Article.

Any such waiver or modification granted to any

interexchange telecommunications carrier which has, or any

group of such carriers any one of which has annual revenues

exceeding $10,000,000 shall be automatically applied fully and

equally to all such carriers with annual revenues exceeding

$10,000,000 unless the Commission specifically finds, after

notice to all such carriers and a hearing, that restricting the

application of such waiver or modification to only one such

carrier or some group of such carriers is consistent with and

would promote the purposes and policies of this Article and the

protection of telecommunications customers.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-403) (from Ch. 111 2/3, par. 13-403)

Sec. 13-403. Interexchange service authority; approval.

The Commission shall approve an application for a Certificate

of Interexchange Service Authority only upon a showing by the

applicant, and a finding by the Commission, after notice and

hearing, that the applicant possesses sufficient technical,

financial and managerial resources and abilities to provide

interexchange telecommunications service. The removal from

this Section of the dialing restrictions by this amendatory Act

of 1992 does not create any legislative presumption for or

against intra-Market Service Area presubscription or changes

in intra-Market Service Area dialing arrangements related to

the implementation of that presubscription, but simply vests

jurisdiction in the Illinois Commerce Commission to consider

after notice and hearing the issue of presubscription in

accordance with the policy goals outlined in Section 13-103.

The Commission shall have authority to alter the boundaries

of Market Service Areas when such alteration is consistent with

the public interest and the purposes and policies of this

Article. A determination by the Commission with respect to

Market Service Area boundaries shall not modify or affect the

rights or obligations of any telecommunications carrier with

respect to any consent decree or agreement with the United

States Department of Justice, including, but not limited to,

the Modification of Final Judgment in United States v. Western

Electric Co., 552 F. Supp. 131 (D.D.C. 1982), as modified from

time to time.

(Source: P.A. 91-357, eff. 7-29-99.)

(220 ILCS 5/13-404) (from Ch. 111 2/3, par. 13-404)

Sec. 13-404. Any telecommunications carrier offering or

providing the resale of either local exchange or interexchange

telecommunications service must first obtain a Certificate of

Service Authority. The Commission shall approve an application

for a Certificate for the resale of local exchange or

interexchange telecommunications service upon a showing by the

applicant, and a finding by the Commission, after notice and

hearing, that the applicant possesses sufficient technical,

financial and managerial resources and abilities to provide the

resale of telecommunications service.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-404.1)

Sec. 13-404.1. Prepaid calling service authority; rules.

(a) The General Assembly finds that it is necessary to

require the certification of prepaid calling service providers

to protect and promote against fraud the legitimate business

interests of persons or entities currently providing prepaid

calling service to Illinois end users and Illinois end users

who purchase these services.

(b) On and after July 1, 2005, it shall be unlawful for any

prepaid calling service provider to offer or provide or seek to

offer or provide to any distributor, prepaid calling service

reseller, prepaid calling service retailer, or end user any

prepaid calling service unless the prepaid calling service

provider has applied for and received a Certificate of Prepaid

Calling Service Provider Authority from the Commission. The

Commission shall approve an application for a Certificate of

Prepaid Calling Service Provider Authority upon a showing by

the applicant, and a finding by the Commission, after notice

and hearing, that the applicant possesses sufficient

technical, financial, and managerial resources and abilities

to provide prepaid calling services. The Commission shall

approve an application for a Certificate of Prepaid Calling

Service Provider Authority without a hearing upon a showing by

the applicant that the Commission has issued an appropriate

Certificate of Service Authority (whether a Certificate of

Interexchange Service Authority or Certificate of Exchange

Service Authority or both) to the applicant or the

telecommunications carrier whose service the applicant is

seeking to resell, provided that the telecommunications

carrier remains in good standing with the Commission. The

Commission may adopt rules necessary for the administration of

this subsection.

(c) Upon issuance of a Certificate of Prepaid Calling

Service Provider Authority to a prepaid calling service

provider, the Commission shall post a list that contains the

full legal name of the prepaid service provider, the docket

number of the provider's certification proceeding, and the

toll-free customer service number of the certified prepaid

calling service provider on the Commission's web site on a link

solely dedicated to prepaid calling service providers. If the

certified prepaid calling service provider changes its

toll-free customer service number, it is the duty of the

certified prepaid calling service provider to provide the

Commission with notice of the change and with the provider's

new toll-free customer service number at least 24 hours prior

to changing its toll-free customer service number. The

Commission may adopt rules that further define the

administration of this subsection.

(d) Any and all enforcement authority granted to the

Commission under this Article over any Certificate of Service

Authority shall apply equally and without limitation to

Certificates of Prepaid Calling Service Provider Authority.

(Source: P.A. 93-1002, eff. 1-1-05.)

(220 ILCS 5/13-404.2)

Sec. 13-404.2. Prepaid calling service standards. The

Commission, by rule, may establish and implement minimum

service quality standards for prepaid calling service. The

rules may include, but are not limited to, requiring access to

a live customer service attendant through the customer service

number, reporting requirements, fines, penalties, customer

credits, remedies, and other enforcement mechanisms to ensure

compliance with the service quality standards.

(Source: P.A. 93-1002, eff. 1-1-05.)

(220 ILCS 5/13-405) (from Ch. 111 2/3, par. 13-405)

Sec. 13-405. Local exchange service authority; approval.

The Commission shall approve an application for a Certificate

of Exchange Service Authority only upon a showing by the

applicant, and a finding by the Commission, after notice and

hearing, that the applicant possesses sufficient technical,

financial, and managerial resources and abilities to provide

local exchange telecommunications service.

(Source: P.A. 90-185, eff. 7-23-97.)

(220 ILCS 5/13-405.1) (from Ch. 111 2/3, par. 13-405.1)

Sec. 13-405.1. Interexchange services; incidental local

service. Whether or not a telecommunications carrier is

certified to offer or provide local exchange

telecommunications service, nothing in Section 13-405 shall be

construed to require the withdrawal or prevent the offering of

interexchange services merely because incidental use of such

service by the customer for local exchange telecommunications

service is possible.

(Source: P.A. 87-856.)

(220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)

Sec. 13-406. Abandonment of service. No telecommunications

carrier offering or providing noncompetitive

telecommunications service pursuant to a valid Certificate of

Service Authority or certificate of public convenience and

necessity shall discontinue or abandon such service once

initiated until and unless it shall demonstrate, and the

Commission finds, after notice and hearing, that such

discontinuance or abandonment will not deprive customers of any

necessary or essential telecommunications service or access

thereto and is not otherwise contrary to the public interest.

No telecommunications carrier offering or providing

competitive telecommunications service shall completely

discontinue or abandon such service to an identifiable class or

group of customers once initiated except upon 60 days notice to

the Commission and affected customers. The Commission may, upon

its own motion or upon complaint, investigate the proposed

discontinuance or abandonment of a competitive

telecommunications service and may, after notice and hearing,

prohibit such proposed discontinuance or abandonment if the

Commission finds that it would be contrary to the public

interest. If the Commission does not provide notice of a

hearing within 60 calendar days after the notification or holds

a hearing and fails to find that the proposed discontinuation

or abandonment would be contrary to the public interest, the

provider may discontinue or abandon such service after

providing at least 30 days notice to affected customers. This

Section does not apply to a Large Electing Provider proceeding

under Section 13-406.1.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-406.1 new)

Sec. 13-406.1. Large Electing Provider transition to

IP-based networks and service.

(a) As used in this Section:

"Alternative voice service" means service that includes

all of the applicable functionalities for voice telephony

services described in 47 CFR 54.101(a).

"Existing customer" means a residential customer of the

Large Electing Provider who is subscribing to a

telecommunications service on the date the Large Electing

Provider sends its notice under paragraph (1) of subsection (c)

of this Section of its intent to cease offering and providing

service. For purposes of this Section, a residential customer

of the Large Electing Provider whose service has been

temporarily suspended, but not finally terminated as of the

date that the Large Electing Provider sends that notice, shall

be deemed to be an "existing customer".

"Large Electing Provider" means an Electing Provider, as

defined in Section 13-506.2 of this Act, that (i) reported in

its annual competition report for the year 2016 filed with the

Commission under Section 13-407 of this Act and 83 Ill. Adm.

Code 793 that it provided at least 700,000 access lines to end

users; and (ii) is affiliated with a provider of commercial

mobile radio service, as defined in 47 CFR 20.3, as of January

1, 2017.

"New customer" means a residential customer who is not

subscribing to a telecommunications service provided by the

Large Electing Provider on the date the Large Electing Provider

sends its notice under paragraph (1) of subsection (c) of this

Section of its intent to cease offering and providing that

service.

"Provider" includes every corporation, company,

association, firm, partnership, and individual and their

lessees, trustees, or receivers appointed by a court that sell

or offer to sell an alternative voice service.

"Reliable access to 9-1-1" means access to 9-1-1 that

complies with the applicable rules, regulations, and

guidelines established by the Federal Communications

Commission and the applicable provisions of the Emergency

Telephone System Act and implementing rules.

"Willing provider" means a provider that voluntarily

participates in the request for service process.

(b) Beginning June 30, 2017, a Large Electing Provider may,

to the extent permitted by and consistent with federal law,

including, as applicable, approval by the Federal

Communications Commission of the discontinuance of the

interstate-access component of a telecommunications service,

cease to offer and provide a telecommunications service to an

identifiable class or group of customers, other than voice

telecommunications service to residential customers or a

telecommunications service to a class of customers under

subsection (b-5) of this Section, upon 60 days' notice to the

Commission and affected customers.

(b-5) Notwithstanding any provision to the contrary in this

Section 13-406.1, beginning December 31, 2021, a Large Electing

Provider may, to the extent permitted by and consistent with

federal law, including, if applicable, approval by the Federal

Communications Commission of the discontinuance of the

interstate-access component of a telecommunication service,

cease to offer and provide a telecommunications service to one

or more of the following classes or groups of customers upon 60

days' notice to the Commission and affected customers: (1)

electric utilities, as defined in Section 16-102 of this Act;

(2) public utilities, as defined in Section 3-105 of this Act,

that offers natural gas or water services; (3) electric, gas,

and water utilities that are excluded from the definition of

public utility under paragraph (1) of subsection (b) of Section

3-105 of this Act; (4) water companies as described in

paragraph (2) of subsection (b) of Section 3-105 of this Act;

(5) natural gas cooperatives as described in paragraph (4) of

subsection (b) of Section 3-105 of this Act; (6) electric

cooperatives as defined in Section 3-119 of this Act; (7)

entities engaged in the commercial generation of electric power

and energy; (8) the functional divisions of public agencies, as

defined in Section 2 of the Emergency Telephone System Act,

that provide police or firefighting services; and (9) 9-1-1

Authorities, as defined in Section 2 of the Emergency Telephone

System Act; provided that the date shall be extended to

December 21, 2022, for (i) an electric utility, as defined in

Section 16-102 of this Act, that serves more than 3 million

customers in the State; and (ii) an entity engaged in the

commercial generation of electric power and energy that

operates one or more nuclear power plants in the State.

(c) Beginning June 30, 2017, a Large Electing Provider may,

to the extent permitted by and consistent with federal law,

cease to offer and provide voice telecommunications service to

an identifiable class or group of residential customers, which,

for the purposes of this subsection (c), shall be referred to

as "requested service", subject to compliance with the

following requirements:

(1) No less than 255 days prior to providing notice to

the Federal Communications Commission of its intent to

discontinue the interstate-access component of the

requested service, the Large Electing Provider shall:

(A) file a notice of the proposed cessation of the

requested service with the Commission, which shall

include a statement that the Large Electing Provider

will comply with any service discontinuance rules and

regulations of the Federal Communications Commission

pertaining to compatibility of alternative voice

services with medical monitoring devices; and

(B) provide notice of the proposed cessation of the

requested service to each of the Large Electing

Provider's existing customers within the affected

geographic area by first-class mail separate from

customer bills. If the customer has elected to receive

electronic billing, the notice shall be sent

electronically and by first-class mail separate from

customer bills. The notice provided under this

subparagraph (B) shall describe the requested service,

identify the earliest date on which the Large Electing

Provider intends to cease offering or providing the

telecommunications service, provide a telephone number

by which the existing customer may contact a service

representative of the Large Electing Provider, and

provide a telephone number by which the existing

customer may contact the Commission's Consumer

Services Division. The notice shall also include the

following statement:

"If you do not believe that an alternative

voice service including reliable access to 9-1-1

is available to you, from either [name of Large

Electing Provider] or another provider of wired or

wireless voice service where you live, you have the

right to request the Illinois Commerce Commission

to investigate the availability of alternative

voice service including reliable access to 9-1-1.

To do so, you must submit such a request either in

writing or by signing and returning a copy of this

notice, no later than (insert date), 60 days after

the date of the notice to the following address:

Chief Clerk of the Illinois Commerce Commission

527 East Capitol Avenue

Springfield, Illinois 62706

You must include in your request a reference to

the notice you received from [Large Electing

Provider's name] and the date of notice.".

Thirty days following the date of notice, the Large

Electing Provider shall provide each customer to which

the notice was sent a follow-up notice containing the

same information and reminding customers of the

deadline for requesting the Commission to investigate

alternative voice service with access to 9-1-1.

(2) After June 30, 2017, and only in a geographic area

for which a Large Electing Provider has provided notice of

proposed cessation of the requested service to existing

customers under paragraph (1) of this subsection (c), an

existing customer of that provider may, within 60 days

after issuance of such notice, request the Commission to

investigate the availability of alternative voice service

including reliable access to 9-1-1 to that customer. For

the purposes of this paragraph (2), existing customers who

make such a request are referred to as "requesting existing

customers". The Large Electing Provider may cease to offer

or provide the requested service to existing customers who

do not make a request for investigation beginning 30 days

after issuance of the notice required by paragraph (5) of

this subsection (c).

(A) In response to all requests and investigations

under this paragraph (2), the Commission shall conduct

a single investigation to be commenced 75 days after

the receipt of notice under paragraph (1) of this

subsection (c), and completed within 135 days after

commencement. The Commission shall, within 135 days

after commencement of the investigation, make one of

the findings described in subdivisions (i) and (ii) of

this subparagraph (A) for each requesting existing

customer.

(i) If, as a result of the investigation, the

Commission finds that service from at least one

provider offering alternative voice service

including reliable access to 9-1-1 through any

technology or medium is available to one or more

requesting existing customers, the Commission

shall declare by order that, with respect to each

requesting existing customer for which such a

finding is made, the Large Electing Provider may

cease to offer or provide the requested service

beginning 30 days after the issuance of the notice

required by paragraph (5) of this subsection (c).

(ii) If, as a result of the investigation, the

Commission finds that service from at least one

provider offering alternative voice service,

including reliable access to 9-1-1, through any

technology or medium is not available to one or

more requesting existing customers, the Commission

shall declare by order that an emergency exists

with respect to each requesting existing customer

for which such a finding is made.

(B) If the Commission declares an emergency under

subdivision (ii) of subparagraph (A) of this paragraph

(2) with respect to one or more requesting existing

customers, the Commission shall conduct a request for

service process to identify a willing provider of

alternative voice service including reliable access to

9-1-1. A provider shall not be required to participate

in the request for service process. The willing

provider may utilize any form of technology that is

capable of providing alternative voice service

including reliable access to 9-1-1, including, without

limitation, Voice over Internet Protocol services and

wireless services. The Commission shall, within 45

days after the issuance of an order finding that an

emergency exists, make one of the determinations

described in subdivisions (i) and (ii) of this

subparagraph (B) for each requesting existing customer

for which an emergency has been declared.

(i) If the Commission determines that another

provider is willing and capable of providing

alternative voice service including reliable

access to 9-1-1 to one or more requesting existing

customers for which an emergency has been

declared, the Commission shall declare by order

that, with respect to each requesting existing

customer for which such a determination is made,

the Large Electing Provider may cease to offer or

provide the requested service beginning 30 days

after the issuance of the notice required by

paragraph (5) of this Section.

(ii) If the Commission determines that for one

or more of the requesting existing customers for

which an emergency has been declared there is no

other provider willing and capable of providing

alternative voice service including reliable

access to 9-1-1, the Commission shall issue an

order requiring the Large Electing Provider to

provide alternative voice service including

reliable access to 9-1-1 to each requesting

existing customer utilizing any form of technology

capable of providing alternative voice service

including reliable access to 9-1-1, including,

without limitation, continuation of the requested

service, Voice over Internet Protocol services,

and wireless services, until another willing

provider is available. A Large Electing Provider

may fulfill the requirement through an affiliate

or another provider. The Large Electing Provider

may request that such an order be rescinded upon a

showing that an alternative voice service

including reliable access to 9-1-1 has become

available to the requesting existing customer from

another provider.

(3) If the Commission receives no requests for

investigation from any existing customer under paragraph

(2) of this subsection (c) within 60 days after issuance of

the notice under paragraph (1) of this subsection (c), the

Commission shall provide written notice to the Large

Electing Provider of that fact no later than 75 days after

receipt of notice under paragraph (1) of this subsection

(c). Notwithstanding any provision of this subsection (c)

to the contrary, if no existing customer requests an

investigation under paragraph (2) of this subsection (c),

the Large Electing Provider may immediately provide the

notice to the Federal Communications Commission as

described in paragraph (4) of this subsection (c).

(4) At the same time that it provides notice to the

Federal Communications Commission of its intent to

discontinue the interstate-access component of the

requested service, the Large Electing Provider shall:

(A) file a notice of proposal to cease to offer and

provide the requested service with the Commission; and

(B) provide a notice of proposal to cease to offer

and provide the requested service to existing

customers and new customers receiving the service at

the time of the notice within each affected geographic

area, with the notice made by first-class mail or

within customer bills delivered by mail or equivalent

means of notice, including electronic means if the

customer has elected to receive electronic billing.

The notice provided under this subparagraph (B) shall

include a brief description of the requested service,

the date on which the Large Electing Provider intends

to cease offering or providing the telecommunications

service, and a statement as required by 47 CFR 63.71

that describes the process by which the customer may

submit comments to the Federal Communications

Commission.

(5) Upon approval by the Federal Communications

Commission of its request to discontinue the

interstate-access component of the requested service and

subject to the requirements of any order issued by the

Commission under subdivision (ii) of subparagraph (B) of

paragraph (2) of this subsection (c), the Large Electing

Provider may immediately cease to offer the requested

service to all customers not receiving the service on the

date of the Federal Communications Commission's approval

and may cease to offer and provide the requested service to

all customers receiving the service at the time of the

Federal Communications Commission's approval upon 30 days'

notice to the Commission and affected customers. Notice to

affected customers under this paragraph (5) shall be

provided by first-class mail separate from customer bills.

The notice provided under this paragraph (5) shall describe

the requested service, identify the date on which the Large

Electing Provider intends to cease offering or providing

the telecommunications service, and provide a telephone

number by which the existing customer may contact a service

representative of the Large Electing Provider.

(6) The notices provided for in paragraph (1) of this

subsection (c) are not required as a prerequisite for the

Large Electing Provider to cease to offer or provide a

telecommunications service in a geographic area where

there are no residential customers taking service from the

Large Electing Provider on the date that the Large Electing

Provider files notice to the Federal Communications

Commission of its intent to discontinue the

interstate-access component of the requested service in

that geographic area.

(7) For a period of 45 days following the date of a

notice issued under paragraph (5) of this Section, an

existing customer (i) who is located in the affected

geographic area subject to that notice; (ii) who was

receiving the requested service as of the date of the

Federal Communications Commission's approval of the Large

Electing Provider's request to discontinue the

interstate-access component of the requested service;

(iii) who did not make a timely request for investigation

under paragraph (2) of this subsection (c); and (iv) whose

service will be or has been discontinued under paragraph

(5), may request assistance from the Large Electing

Provider in identifying providers of alternative voice

service including reliable access to 9-1-1. Within 15 days

of the request, the Large Electing Provider shall provide

the customer with a list of alternative voice service

providers.

(8) Notwithstanding any other provision of this Act,

except as expressly authorized by this subsection (c), the

Commission may not, upon its own motion or upon complaint,

investigate, suspend, disapprove, condition, or otherwise

regulate the cessation of a telecommunications service to

an identifiable class or group of customers once initiated

by a Large Electing Provider under subsection (b) or (b-5)

of this Section or this subsection (c).

(220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)

Sec. 13-407. Commission study and report. The Commission

shall monitor and analyze patterns of entry and exit and

changes in patterns of entry and exit for each relevant market

for telecommunications services, including emerging high speed

telecommunications markets and broadband services. The

Commission shall include its findings together with

appropriate recommendations for legislative action in its

annual report to the General Assembly. The Commission shall

provide an analysis of entry and exit, along with changes in

patterns of entry and exit, for broadband services in its

annual report to the General Assembly.

In preparing its annual report, the Commission may obtain

any information on broadband services that has been collected

or is in the possession of the Department of Commerce and

Economic Opportunity pursuant to the High Speed Internet

Services and Information Technology Act. The Commission shall

coordinate with the Department of Commerce and Economic

Opportunity in collecting information to avoid a duplication of

efforts.

The Commission shall also monitor and analyze the status of

deployment of services to consumers, and any resulting "digital

divisions" between consumers, including any changes or trends

therein. The Commission shall include its findings together

with appropriate recommendations for legislative action in its

annual report to the General Assembly. In preparing this

analysis the Commission shall evaluate information provided by

certificated telecommunications carriers, registered

Interconnected VoIP providers, and Facilities-based Providers

of Broadband Connections to End User Locations that pertains to

the state of competition in telecommunications markets

including, but not limited to:

(1) the number and type of firms providing

telecommunications services and broadband services, within

the State;

(2) the services offered by these firms to both retail

and wholesale customers;

(3) the extent to which customers and other providers

are purchasing the firms' services; and

(4) the technologies or methods by which these firms

provide these services, including descriptions of

technologies in place and under development, and the degree

to which firms rely on other wholesale providers to provide

service to their own customers.

The Commission shall at a minimum assess the variability in

this information according to geography, examining variability

by exchange, wirecenter, or zip code, and by customer class,

examining, at a minimum, the variability between residential

and small, medium, and large business customers. The Commission

shall provide an analysis of market trends by collecting this

information from certificated telecommunications carriers,

registered Interconnected VoIP providers, and Facilities-based

Providers of Broadband Connections to End User Locations within

the State. The Commission shall also collect all information,

in a format determined by the Commission, that the Commission

deems necessary to assist in monitoring and analyzing the

telecommunications markets and broadband market, along with

the status of competition and deployment of telecommunications

services and broadband services to consumers in the State.

Notwithstanding any other provision of this Act,

certificated telecommunications carriers and registered

Interconnected VoIP providers shall report to the Commission

such information, with the exception of broadband information,

requested by the Commission necessary to satisfy the reporting

requirements of items (1) through (4) of this Section. The

Commission may coordinate and work with the Department of

Commerce and Economic Opportunity to avoid duplication of

collection of information that is collected pursuant to the

High Speed Internet Services and Information Technology Act.

For the purposes of this Section:

"Broadband connections" include wired lines or

wireless channels that enable the end user to receive

information from or send information to the Internet at

information transfer rates exceeding 200 kbps in at least

one direction.

"End user" includes a residential, business,

institutional, or government entity who uses broadband

services for its own purposes and who does not resell such

services to other entities or incorporate such services

into retail Internet-access services. For purposes of this

Section, an Internet Service Provider (ISP) is not an end

user of a broadband connection.

"Facilities-based Provider of Broadband Connections to

End User Locations" means an entity that meets any of the

following conditions:

(i) It owns the portion of the physical facility

that terminates at the end user location.

(ii) It obtains unbundled network elements (UNEs),

special access lines, or other leased facilities that

terminate at the end user location and provisions or

equips them as broadband.

(iii) It provisions or equips a broadband wireless

channel to the end user location over licensed or

unlicensed spectrum.

"Facilities-based Provider of Broadband Connections to

End User Locations" does not include providers of

terrestrial fixed wireless services (such as Wi-Fi and

other wireless Ethernet, or wireless local area network,

applications) that only enable local distribution and

sharing of a premises broadband facility and does not

include air-to-ground services.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)

Sec. 13-501. Tariff; filing.

(a) No telecommunications carrier shall offer or provide

noncompetitive telecommunications service, telecommunications

service subject to subsection (g) of Section 13-506.2 or

Section 13-900.1 or 13-900.2 of this Act, or telecommunications

service referred to in an interconnection agreement as a

tariffed service unless and until a tariff is filed with the

Commission which describes the nature of the service,

applicable rates and other charges, terms and conditions of

service, and the exchange, exchanges or other geographical area

or areas in which the service shall be offered or provided. The

Commission may prescribe the form of such tariff and any

additional data or information which shall be included therein.

(b) After a hearing regarding a telecommunications service

subject to subsection (a) of this Section, the Commission has

the discretion to impose an interim or permanent tariff on a

telecommunications carrier as part of the order in the case.

When a tariff is imposed as part of the order in a case, the

tariff shall remain in full force and effect until a compliance

tariff, or superseding tariff, is filed by the

telecommunications carrier and, after notice to the parties in

the case and after a compliance hearing is held, is found by

the Commission to be in compliance with the Commission's order.

(c) A telecommunications carrier shall offer or provide

telecommunications service that is not subject to subsection

(a) of this Section pursuant to either a tariff filed with the

Commission or a written service offering that shall be

available on the telecommunications carrier's website as

required by Section 13-503 of this Act and that describes the

nature of the service, applicable rates and other charges,

terms and conditions of service. Revenue from competitive

retail telecommunications service received by a

telecommunications carrier pursuant to either a tariff or a

written service offering shall be gross revenue for purposes of

Section 2-202 of this Act.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-501.5)

Sec. 13-501.5. Directory assistance service for the blind.

A telecommunications carrier that provides directory

assistance service shall provide in its tariffs or its written

service offering pursuant to subsection (c) of Section 13-501

of this Act for that service that directory assistance shall be

provided at no charge to its customers who are legally blind

for telephone numbers of customers located within the same

calling area, as described in the telecommunications carrier's

tariff.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)

Sec. 13-502. Classification of services.

(a) All telecommunications services offered or provided

under tariff by telecommunications carriers shall be

classified as either competitive or noncompetitive. A

telecommunications carrier may offer or provide either

competitive or noncompetitive telecommunications services, or

both, subject to proper certification and other applicable

provisions of this Article. Any tariff filed with the

Commission as required by Section 13-501 shall indicate whether

the service to be offered or provided is competitive or

noncompetitive.

(b) A service shall be classified as competitive only if,

and only to the extent that, for some identifiable class or

group of customers in an exchange, group of exchanges, or some

other clearly defined geographical area, such service, or its

functional equivalent, or a substitute service, is reasonably

available from more than one provider, whether or not any such

provider is a telecommunications carrier subject to regulation

under this Act. All telecommunications services not properly

classified as competitive shall be classified as

noncompetitive. The Commission shall have the power to

investigate the propriety of any classification of a

telecommunications service on its own motion and shall

investigate upon complaint. In any hearing or investigation,

the burden of proof as to the proper classification of any

service shall rest upon the telecommunications carrier

providing the service. After notice and hearing, the Commission

shall order the proper classification of any service in whole

or in part. The Commission shall make its determination and

issue its final order no later than 180 days from the date such

hearing or investigation is initiated. If the Commission enters

into a hearing upon complaint and if the Commission fails to

issue an order within that period, the complaint shall be

deemed granted unless the Commission, the complainant, and the

telecommunications carrier providing the service agree to

extend the time period.

(c) In determining whether a service should be reclassified

as competitive, the Commission shall, at a minimum, consider

the following factors:

(1) the number, size, and geographic distribution of

other providers of the service;

(2) the availability of functionally equivalent

services in the relevant geographic area and the ability of

telecommunications carriers or other persons to make the

same, equivalent, or substitutable service readily

available in the relevant market at comparable rates,

terms, and conditions;

(3) the existence of economic, technological, or any

other barriers to entry into, or exit from, the relevant

market;

(4) the extent to which other telecommunications

companies must rely upon the service of another

telecommunications carrier to provide telecommunications

service; and

(5) any other factors that may affect competition and

the public interest that the Commission deems appropriate.

(d) No tariff classifying a new telecommunications service

as competitive or reclassifying a previously noncompetitive

telecommunications service as competitive, which is filed by a

telecommunications carrier which also offers or provides

noncompetitive telecommunications service, shall be effective

unless and until such telecommunications carrier offering or

providing, or seeking to offer or provide, such proposed

competitive service prepares and files a study of the long-run

service incremental cost underlying such service and

demonstrates that the tariffed rates and charges for the

service and any relevant group of services that includes the

proposed competitive service and for which resources are used

in common solely by that group of services are not less than

the long-run service incremental cost of providing the service

and each relevant group of services. Such study shall be given

proprietary treatment by the Commission at the request of such

carrier if any other provider of the competitive service, its

functional equivalent, or a substitute service in the

geographical area described by the proposed tariff has not

filed, or has not been required to file, such a study.

(e) In the event any telecommunications service has been

classified and filed as competitive by the telecommunications

carrier, and has been offered or provided on such basis, and

the Commission subsequently determines after investigation

that such classification improperly included services which

were in fact noncompetitive, the Commission shall have the

power to determine and order refunds to customers for any

overcharges which may have resulted from the improper

classification, or to order such other remedies provided to it

under this Act, or to seek an appropriate remedy or relief in a

court of competent jurisdiction.

(f) If no hearing or investigation regarding the propriety

of a competitive classification of a telecommunications

service is initiated within 180 days after a telecommunications

carrier files a tariff listing such telecommunications service

as competitive, no refunds to customers for any overcharges

which may result from an improper classification shall be

ordered for the period from the time the telecommunications

carrier filed such tariff listing the service as competitive up

to the time an investigation of the service classification is

initiated by the Commission's own motion or the filing of a

complaint. Where a hearing or an investigation regarding the

propriety of a telecommunications service classification as

competitive is initiated after 180 days from the filing of the

tariff, the period subject to refund for improper

classification shall begin on the date such investigation or

hearing is initiated by the filing of a Commission motion or a

complaint.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-502.5)

Sec. 13-502.5. Services alleged to be improperly

classified.

(a) Any action or proceeding pending before the Commission

upon the effective date of this amendatory Act of the 92nd

General Assembly in which it is alleged that a

telecommunications carrier has improperly classified services

as competitive, other than a case pertaining to Section

13-506.1, shall be abated and shall not be maintained or

continued.

(b) All retail telecommunications services provided to

business end users by any telecommunications carrier subject,

as of May 1, 2001, to alternative regulation under an

alternative regulation plan pursuant to Section 13-506.1 of

this Act shall be classified as competitive as of the effective

date of this amendatory Act of the 92nd General Assembly

without further Commission review. Rates for retail

telecommunications services provided to business end users

with 4 or fewer access lines shall not exceed the rates the

carrier charged for those services on May 1, 2001. This

restriction upon the rates of retail telecommunications

services provided to business end users shall remain in force

and effect through July 1, 2005; provided, however, that

nothing in this Section shall be construed to prohibit

reduction of those rates. Rates for retail telecommunications

services provided to business end users with 5 or more access

lines shall not be subject to the restrictions set forth in

this subsection.

(c) All retail vertical services, as defined herein, that

are provided by a telecommunications carrier subject, as of May

1, 2001, to alternative regulation under an alternative

regulation plan pursuant to Section 13-506.1 of this Act shall

be classified as competitive as of June 1, 2003 without further

Commission review. Retail vertical services shall include, for

purposes of this Section, services available on a subscriber's

telephone line that the subscriber pays for on a periodic or

per use basis, but shall not include caller identification and

call waiting.

(d) Any action or proceeding before the Commission upon the

effective date of this amendatory Act of the 92nd General

Assembly, in which it is alleged that a telecommunications

carrier has improperly classified services as competitive,

other than a case pertaining to Section 13-506.1, shall be

abated and the services the classification of which is at issue

shall be deemed either competitive or noncompetitive as set

forth in this Section. Any telecommunications carrier subject

to an action or proceeding in which it is alleged that the

telecommunications carrier has improperly classified services

as competitive shall be deemed liable to refund, and shall

refund, the sum of $90,000,000 to that class or those classes

of its customers that were alleged to have paid rates in excess

of noncompetitive rates as the result of the alleged improper

classification. The telecommunications carrier shall make the

refund no later than 120 days after the effective date of this

amendatory Act of the 92nd General Assembly.

(e) Any telecommunications carrier subject to an action or

proceeding in which it is alleged that the telecommunications

carrier has improperly classified services as competitive

shall also pay the sum of $15,000,000 to the Digital Divide

Elimination Fund established pursuant to Section 5-20 of the

Eliminate the Digital Divide Law, and shall further pay the sum

of $15,000,000 to the Digital Divide Elimination

Infrastructure Fund established pursuant to Section 13-301.3

of this Act. The telecommunications carrier shall make each of

these payments in 3 installments of $5,000,000, payable on July

1 of 2002, 2003, and 2004. The telecommunications carrier shall

have no further accounting for these payments, which shall be

used for the purposes established in the Eliminate the Digital

Divide Law.

(f) All other services shall be classified pursuant to

Section 13-502 of this Act.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)

Sec. 13-503. Information available to the public. With

respect to rates or other charges made, demanded, or received

for any telecommunications service offered, provided, or to be

provided, that is subject to subsection (a) of Section 13-501

of this Act, telecommunications carriers shall comply with the

publication and filing provisions of Sections 9-101, 9-102,

9-102.1, and 9-201 of this Act. Except for the provision of

services offered or provided by payphone providers pursuant to

a tariff, telecommunications carriers shall make all tariffs

and all written service offerings for competitive

telecommunications service available electronically to the

public without requiring a password or other means of

registration. A telecommunications carrier's website shall, if

applicable, provide in a conspicuous manner information on the

rates, charges, terms, and conditions of service available and

a toll-free telephone number that may be used to contact an

agent for assistance with obtaining rate or other charge

information or the terms and conditions of service.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)

Sec. 13-504. Application of ratemaking provisions of

Article IX.

(a) Except where the context clearly renders such

provisions inapplicable, the ratemaking provisions of Article

IX of this Act relating to public utilities are fully and

equally applicable to the rates, charges, tariffs and

classifications for the offer or provision of noncompetitive

telecommunications services. However, the ratemaking

provisions do not apply to any proposed change in rates or

charges, any proposed change in any classification or tariff

resulting in a change in rates or charges, or the establishment

of new services and rates therefor for a noncompetitive local

exchange telecommunications service offered or provided by a

local exchange telecommunications carrier with no more than

35,000 subscriber access lines. Proposed changes in rates,

charges, classifications, or tariffs meeting these criteria

shall be permitted upon the filing of the proposed tariff and

30 days notice to the Commission and all potentially affected

customers. The proposed changes shall not be subject to

suspension. The Commission shall investigate whether any

proposed change is just and reasonable only if a

telecommunications carrier that is a customer of the local

exchange telecommunications carrier or 10% of the potentially

affected access line subscribers of the local exchange

telecommunications carrier shall file a petition or complaint

requesting an investigation of the proposed changes. When the

telecommunications carrier or 10% of the potentially affected

access line subscribers of a local exchange telecommunications

carrier file a complaint, the Commission shall, after notice

and hearing, have the power and duty to establish the rates,

charges, classifications, or tariffs it finds to be just and

reasonable.

(b) Subsection (c) of Section 13-502 and Sections 13-505.1,

13-505.4, 13-505.6, and 13-507 of this Article do not apply to

rates or charges or proposed changes in rates or charges for

applicable competitive or interexchange services when offered

or provided by a local exchange telecommunications carrier with

no more than 35,000 subscriber access lines. In addition,

Sections 13-514, 13-515, and 13-516 do not apply to

telecommunications carriers with no more than 35,000

subscriber access lines. The Commission may require

telecommunications carriers with no more than 35,000

subscriber access lines to furnish information that the

Commission deems necessary for a determination that rates and

charges for any competitive telecommunications service are

just and reasonable.

(c) For a local exchange telecommunications carrier with no

more than 35,000 access lines, the Commission shall consider

and adjust, as appropriate, a local exchange

telecommunications carrier's depreciation rates only in

ratemaking proceedings.

(d) Article VI and Sections 7-101 and 7-102 of Article VII

of this Act pertaining to public utilities, public utility

rates and services, and the regulation thereof are not

applicable to local exchange telecommunication carriers with

no more than 35,000 subscriber access lines.

(Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.)

(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)

Sec. 13-505. Rate changes; competitive services. Any

proposed increase or decrease in rates or charges, or proposed

change in any classification, written service offering, or

tariff resulting in an increase or decrease in rates or

charges, for a competitive telecommunications service shall be

permitted upon the filing with the Commission or posting on the

telecommunications carrier's website of the proposed rate,

charge, classification, written service offering, or tariff

pursuant to Section 13-501 of this Act. Notice of an increase

shall be given, no later than the prior billing cycle, to all

potentially affected customers by mail or equivalent means of

notice, including electronic if the customer has elected

electronic billing. Additional notice by publication in a

newspaper of general circulation may also be given.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)

Sec. 13-505.2. Nondiscrimination in the provision of

noncompetitive services. A telecommunications carrier that

offers both noncompetitive and competitive services shall

offer the noncompetitive services under the same rates, terms,

and conditions without unreasonable discrimination to all

persons, including all telecommunications carriers and

competitors. A telecommunications carrier that offers a

noncompetitive service together with any optional feature or

functionality shall offer the noncompetitive service together

with each optional feature or functionality under the same

rates, terms, and conditions without unreasonable

discrimination to all persons, including all

telecommunications carriers and competitors.

(Source: P.A. 87-856.)

(220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3)

Sec. 13-505.3. Services for resale. A telecommunications

carrier that offers both noncompetitive and competitive

services shall offer all noncompetitive services, together

with each applicable optional feature or functionality,

subject to resale; however, the Commission may determine under

Article IX of this Act that certain noncompetitive services,

together with each applicable optional feature or

functionality, that are offered to residence customers under

different rates, charges, terms, or conditions than to other

customers should not be subject to resale under the rates,

charges, terms, or conditions available only to residence

customers.

(Source: P.A. 87-856.)

(220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)

Sec. 13-505.4. Provision of noncompetitive services.

(a) A telecommunications carrier that offers or provides a

noncompetitive service, service element, feature, or

functionality on a separate, stand-alone basis to any customer

shall provide that service, service element, feature, or

functionality pursuant to tariff to all persons, including all

telecommunications carriers and competitors, in accordance

with the provisions of this Article.

(b) A telecommunications carrier that offers or provides a

noncompetitive service, service element, feature, or

functionality to any customer as part of an offering of

competitive services pursuant to tariff or contract shall

publicly disclose the offering or provisioning of the

noncompetitive service, service element, feature, or

functionality by filing with the Commission information that

generally describes the offering or provisioning and that shows

the rates, terms, and conditions of the noncompetitive service,

service element, feature, or functionality. The information

shall be filed with the Commission concurrently with the filing

of the tariff or not more than 10 days following the customer's

acceptance of the offering in a contract.

(c) A telecommunications carrier that is not subject to

regulation under an alternative regulation plan pursuant to

Section 13-506.1 of this Act may reduce the rate or charge for

a noncompetitive service, service element, feature, or

functionality offered to customers on a separate, stand-alone

basis or as part of a bundled service offering by filing with

the Commission a tariff that shows the reduced rate or charge

and all applicable terms and conditions of the noncompetitive

service, service element, feature, or functionality or bundled

offering. The reduction of rates or charges shall be permitted

upon the filing of the proposed rate, charge, classification,

tariff, or bundled offering. The total price of a bundled

offering shall not attribute any portion of the charge to

services subject to the jurisdiction of the Commission and

shall not be binding on the Commission in any proceeding under

Article IX of this Act to set the revenue requirement or to set

just and reasonable rates for services subject to the

jurisdiction of the Commission. Prices for bundles shall not be

subject to Section 13-505.1 of this Act. For purposes of this

subsection (c), a bundle is a group of services offered

together for a fixed price where at least one of the services

is an interLATA service as that term is defined in 47 U.S.C.

153(21), a cable service or a video service, a community

antenna television service, a satellite broadcast service, a

public mobile service as defined in Section 13-214 of this Act,

or an advanced telecommunications service as "advanced

telecommunications services" is defined in Section 13-517 of

this Act.

(Source: P.A. 95-9, eff. 6-30-07.)

(220 ILCS 5/13-505.5) (from Ch. 111 2/3, par. 13-505.5)

Sec. 13-505.5. Requests for new noncompetitive services.

Any party may petition the Commission to request the provision

of a noncompetitive service not currently provided by a local

exchange carrier within its service territory. The Commission

shall grant the petition, provided that it can be demonstrated

that the provisioning of the requested service is technically

and economically practicable considering demand for the

service, and absent a finding that provision of the service is

otherwise contrary to the public interest. The Commission shall

render its decision within 180 days after the filing of the

petition unless extension of the time period is agreed to by

all the parties to the proceeding.

(Source: P.A. 87-856.)

(220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6)

Sec. 13-505.6. Unbundling of noncompetitive services. A

telecommunications carrier that provides both noncompetitive

and competitive telecommunications services shall provide all

noncompetitive telecommunications services on an unbundled

basis to the same extent the Federal Communications Commission

requires that carrier to unbundle the same services provided

under its jurisdiction. The Illinois Commerce Commission may

require additional unbundling of noncompetitive

telecommunications services over which it has jurisdiction

based on a determination, after notice and hearing, that

additional unbundling is in the public interest and is

consistent with the policy goals and other provisions of this

Act.

(Source: P.A. 87-856.)

(220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)

Sec. 13-506.1. Alternative forms of regulation for

noncompetitive services.

(a) Notwithstanding any of the ratemaking provisions of

this Article or Article IX that are deemed to require rate of

return regulation, the Commission may implement alternative

forms of regulation in order to establish just and reasonable

rates for noncompetitive telecommunications services

including, but not limited to, price regulation, earnings

sharing, rate moratoria, or a network modernization plan. The

Commission is authorized to adopt different forms of regulation

to fit the particular characteristics of different

telecommunications carriers and their service areas.

In addition to the public policy goals declared in Section

13-103, the Commission shall consider, in determining the

appropriateness of any alternative form of regulation, whether

it will:

(1) reduce regulatory delay and costs over time;

(2) encourage innovation in services;

(3) promote efficiency;

(4) facilitate the broad dissemination of technical

improvements to all classes of ratepayers;

(5) enhance economic development of the State; and

(6) provide for fair, just, and reasonable rates.

(b) A telecommunications carrier providing noncompetitive

telecommunications services may petition the Commission to

regulate the rates or charges of its noncompetitive services

under an alternative form of regulation. The

telecommunications carrier shall submit with its petition its

plan for an alternative form of regulation. The Commission

shall review and may modify or reject the carrier's proposed

plan. The Commission also may initiate consideration of

alternative forms of regulation for a telecommunications

carrier on its own motion. The Commission may approve the plan

or modified plan and authorize its implementation only if it

finds, after notice and hearing, that the plan or modified plan

at a minimum:

(1) is in the public interest;

(2) will produce fair, just, and reasonable rates for

telecommunications services;

(3) responds to changes in technology and the structure

of the telecommunications industry that are, in fact,

occurring;

(4) constitutes a more appropriate form of regulation

based on the Commission's overall consideration of the

policy goals set forth in Section 13-103 and this Section;

(5) specifically identifies how ratepayers will

benefit from any efficiency gains, cost savings arising out

of the regulatory change, and improvements in productivity

due to technological change;

(6) will maintain the quality and availability of

telecommunications services; and

(7) will not unduly or unreasonably prejudice or

disadvantage any particular customer class, including

telecommunications carriers.

(c) An alternative regulation plan approved under this

Section shall provide, as a condition for Commission approval

of the plan, that for the first 3 years the plan is in effect,

basic residence service rates shall be no higher than those

rates in effect 180 days before the filing of the plan. This

provision shall not be used as a justification or rationale for

an increase in basic service rates for any other customer

class. For purposes of this Section, "basic residence service

rates" shall mean monthly recurring charges for the

telecommunications carrier's lowest priced primary residence

network access lines, along with any associated untimed or flat

rate local usage charges. Nothing in this subsection (c) shall

preclude the Commission from approving an alternative

regulation plan that results in rate reductions provided all

the requirements of subsection (b) are satisfied by the plan.

(d) Any alternative form of regulation granted for a

multi-year period under this Section shall provide for annual

or more frequent reporting to the Commission to document that

the requirements of the plan are being properly implemented.

(e) Upon petition by the telecommunications carrier or any

other person or upon its own motion, the Commission may rescind

its approval of an alternative form of regulation if, after

notice and hearing, it finds that the conditions set forth in

subsection (b) of this Section can no longer be satisfied. Any

person may file a complaint alleging that the rates charged by

a telecommunications carrier under an alternative form of

regulation are unfair, unjust, unreasonable, unduly

discriminatory, or are otherwise not consistent with the

requirements of this Article; provided, that the complainant

shall bear the burden of proving the allegations in the

complaint.

(f) Nothing in this Section shall be construed to authorize

the Commission to render Sections 9-241, 9-250, and 13-505.2

inapplicable to noncompetitive services.

(Source: P.A. 87-856.)

(220 ILCS 5/13-506.2)

Sec. 13-506.2. Market regulation for competitive retail

services.

(a) Definitions. As used in this Section:

(1) "Electing Provider" means a telecommunications

carrier that is subject to either rate regulation pursuant

to Section 13-504 or Section 13-505 or alternative

regulation pursuant to Section 13-506.1 and that elects to

have the rates, terms, and conditions of its competitive

retail telecommunications services solely determined and

regulated pursuant to the terms of this Article.

(2) "Basic local exchange service" means either a

stand-alone residence network access line and per-call

usage or, for any geographic area in which such stand-alone

service is not offered, a stand-alone flat rate residence

network access line for which local calls are not charged

for frequency or duration. Extended Area Service shall be

included in basic local exchange service.

(3) "Existing customer" means a residential customer

who was subscribing to one of the optional packages

described in subsection (d) of this Section as of the

effective date of this amendatory Act of the 99th General

Assembly. A customer who was subscribing to one of the

optional packages on that date but stops subscribing

thereafter shall not be considered an "existing customer"

as of the date the customer stopped subscribing to the

optional package, unless the stoppage is temporary and

caused by the customer changing service address locations,

or unless the customer resumes subscribing and is eligible

to receive discounts on monthly telephone service under the

federal Lifeline program, 47 C.F.R. Part 54, Subpart E.

(4) "New customer" means a residential customer who was

not subscribing to one of the optional packages described

in subsection (d) of this Section as of the effective date

of this amendatory Act of the 99th General Assembly and who

is eligible to receive discounts on monthly telephone

service under the federal Lifeline program, 47 C.F.R. Part

54, Subpart E.

(b) Election for market regulation. Notwithstanding any

other provision of this Act, an Electing Provider may elect to

have the rates, terms, and conditions of its competitive retail

telecommunications services solely determined and regulated

pursuant to the terms of this Section by filing written notice

of its election for market regulation with the Commission. The

notice of election shall designate the geographic area of the

Electing Provider's service territory where the market

regulation shall apply, either on a state-wide basis or in one

or more specified Market Service Areas ("MSA") or Exchange

areas. An Electing Provider shall not make an election for

market regulation under this Section unless it commits in its

written notice of election for market regulation to fulfill the

conditions and requirements in this Section in each geographic

area in which market regulation is elected. Immediately upon

filing the notice of election for market regulation, the

Electing Provider shall be subject to the jurisdiction of the

Commission to the extent expressly provided in this Section.

(c) Competitive classification. Market regulation shall be

available for competitive retail telecommunications services

as provided in this subsection.

(1) For geographic areas in which telecommunications

services provided by the Electing Provider were classified

as competitive either through legislative action or a

tariff filing pursuant to Section 13-502 prior to January

1, 2010, and that are included in the Electing Provider's

notice of election pursuant to subsection (b) of this

Section, such services, and all recurring and nonrecurring

charges associated with, related to or used in connection

with such services, shall be classified as competitive

without further Commission review. For services classified

as competitive pursuant to this subsection, the

requirements or conditions in any order or decision

rendered by the Commission pursuant to Section 13-502 prior

to the effective date of this amendatory Act of the 96th

General Assembly, except for the commitments made by the

Electing Provider in such order or decision concerning the

optional packages required in subsection (d) of this

Section and basic local exchange service as defined in this

Section, shall no longer be in effect and no Commission

investigation, review, or proceeding under Section 13-502

shall be continued, conducted, or maintained with respect

to such services, charges, requirements, or conditions. If

an Electing Provider has ceased providing optional

packages to customers pursuant to subdivision (d)(8) of

this Section, the commitments made by the Electing Provider

in such order or decision concerning the optional packages

under subsection (d) of this Section shall no longer be in

effect and no Commission investigation, review, or

proceeding under Section 13-502 shall be continued,

conducted, or maintained with respect to such packages.

(2) For those geographic areas in which residential

local exchange telecommunications services have not been

classified as competitive as of the effective date of this

amendatory Act of the 96th General Assembly, all

telecommunications services provided to residential and

business end users by an Electing Provider in the

geographic area that is included in its notice of election

pursuant to subsection (b) shall be classified as

competitive for purposes of this Article without further

Commission review.

(3) If an Electing Provider was previously subject to

alternative regulation pursuant to Section 13-506.1 of

this Article, the alternative regulation plan shall

terminate in whole for all services subject to that plan

and be of no force or effect, without further Commission

review or action, when the Electing Provider's residential

local exchange telecommunications service in each MSA in

its telecommunications service area in the State has been

classified as competitive pursuant to either subdivision

(c)(1) or (c)(2) of this Section.

(4) The service packages described in Section 13-518

shall be classified as competitive for purposes of this

Section if offered by an Electing Provider in a geographic

area in which local exchange telecommunications service

has been classified as competitive pursuant to either

subdivision (c)(1) or (c)(2) of this Section.

(5) Where a service, or its functional equivalent, or a

substitute service offered by a carrier that is not an

Electing Provider or the incumbent local exchange carrier

for that area is also being offered by an Electing Provider

for some identifiable class or group of customers in an

exchange, group of exchanges, or some other clearly defined

geographical area, the service offered by a carrier that is

not an Electing Provider or the incumbent local exchange

carrier for that area shall be classified as competitive

without further Commission review.

(6) Notwithstanding any other provision of this Act,

retail telecommunications services classified as

competitive pursuant to Section 13-502 or subdivision

(c)(5) of this Section shall have their rates, terms, and

conditions solely determined and regulated pursuant to the

terms of this Section in the same manner and to the same

extent as the competitive retail telecommunications

services of an Electing Provider, except that subsections

(d), (g), and (j) of this Section shall not apply to a

carrier that is not an Electing Provider or to the

competitive telecommunications services of a carrier that

is not an Electing Provider. The access services of a

carrier that is not an Electing Provider shall remain

subject to Section 13-900.2. The requirements in

subdivision (e)(3) of this Section shall not apply to

retail telecommunications services classified as

competitive pursuant to Section 13-502 or subdivision

(c)(5) of this Section, except that, upon request from the

Commission, the telecommunications carrier providing

competitive retail telecommunications services shall

provide a report showing the number of credits and

exemptions for the requested time period.

(d) Consumer choice safe harbor options.

(1) Subject to subdivision (d)(8) of this Section, an

Electing Provider in each of the MSA or Exchange areas

classified as competitive pursuant to subdivision (c)(1)

or (c)(2) of this Section shall offer to all residential

customers who choose to subscribe the following optional

packages of services priced at the same rate levels in

effect on January 1, 2010:

(A) A basic package, which shall consist of a

stand-alone residential network access line and 30

local calls. If the Electing Provider offers a

stand-alone residential access line and local usage on

a per call basis, the price for the basic package shall

be the Electing Provider's applicable price in effect

on January 1, 2010 for the sum of a residential access

line and 30 local calls, additional calls over 30 calls

shall be provided at the current per call rate.

However, this basic package is not required if

stand-alone residential network access lines or

per-call local usage are not offered by the Electing

Provider in the geographic area on January 1, 2010 or

if the Electing Provider has not increased its

stand-alone network access line and local usage rates,

including Extended Area Service rates, since January

1, 2010.

(B) An extra package, which shall consist of

residential basic local exchange network access line

and unlimited local calls. The price for the extra

package shall be the Electing Provider's applicable

price in effect on January 1, 2010 for a residential

access line with unlimited local calls.

(C) A plus package, which shall consist of

residential basic local exchange network access line,

unlimited local calls, and the customer's choice of 2

vertical services offered by the Electing Provider.

The term "vertical services" as used in this

subsection, includes, but is not limited to, call

waiting, call forwarding, 3-way calling, caller ID,

call tracing, automatic callback, repeat dialing, and

voicemail. The price for the plus package shall be the

Electing Provider's applicable price in effect on

January 1, 2010 for the sum of a residential access

line with unlimited local calls and 2 times the average

price for the vertical features included in the

package.

(2) Subject to subdivision (d)(8) of this Section, for

those geographic areas in which local exchange

telecommunications services were classified as competitive

on the effective date of this amendatory Act of the 96th

General Assembly, an Electing Provider in each such MSA or

Exchange area shall be subject to the same terms and

conditions as provided in commitments made by the Electing

Provider in connection with such previous competitive

classifications, which shall apply with equal force under

this Section, except as follows: (i) the limits on price

increases on the optional packages required by this Section

shall be extended consistent with subsection (d)(1) of this

Section and (ii) the price for the extra package required

by subsection (d)(1)(B) shall be reduced by one dollar from

the price in effect on January 1, 2010. In addition, if an

Electing Provider obtains a competitive classification

pursuant to subsection (c)(1) and (c)(2), the price for the

optional packages shall be determined in such area in

compliance with subsection (d)(1), except the price for the

plus package required by subsection (d)(1) (C) shall be the

lower of the price for such area or the price of the plus

package in effect on January 1, 2010 for areas classified

as competitive pursuant to subsection (c)(1).

(3) To the extent that the requirements in Section

13-518 applied to a telecommunications carrier prior to the

effective date of this Section and that telecommunications

carrier becomes an Electing Provider in accordance with the

provisions of this Section, the requirements in Section

13-518 shall cease to apply to that Electing Provider in

those geographic areas included in the Electing Provider's

notice of election pursuant to subsection (b) of this

Section.

(4) Subject to subdivision (d)(8) of this Section, an

Electing Provider shall make the optional packages

required by this subsection and stand-alone residential

network access lines and local usage, where offered,

readily available to the public by providing information,

in a clear manner, to residential customers. Information

shall be made available on a website, and an Electing

Provider shall provide notification to its customers every

6 months, provided that notification may consist of a bill

page message that provides an objective description of the

safe harbor options that includes a telephone number and

website address where the customer may obtain additional

information about the packages from the Electing Provider.

The optional packages shall be offered on a monthly basis

with no term of service requirement. An Electing Provider

shall allow online electronic ordering of the optional

packages and stand-alone residential network access lines

and local usage, where offered, on its website in a manner

similar to the online electronic ordering of its other

residential services.

(5) Subject to subdivision (d)(8) of this Section, an

Electing Provider shall comply with the Commission's

existing rules, regulations, and notices in Title 83, Part

735 of the Illinois Administrative Code when offering or

providing the optional packages required by this

subsection (d) and stand-alone residential network access

lines.

(6) Subject to subdivision (d)(8) of this Section, an

Electing Provider shall provide to the Commission

semi-annual subscribership reports as of June 30 and

December 31 that contain the number of its customers

subscribing to each of the consumer choice safe harbor

packages required by subsection (d)(1) of this Section and

the number of its customers subscribing to retail

residential basic local exchange service as defined in

subsection (a)(2) of this Section. The first semi-annual

reports shall be made on April 1, 2011 for December 31,

2010, and on September 1, 2011 for June 30, 2011, and

semi-annually on April 1 and September 1 thereafter. Such

subscribership information shall be accorded confidential

and proprietary treatment upon request by the Electing

Provider.

(7) The Commission shall have the power, after notice

and hearing as provided in this Article, upon complaint or

upon its own motion, to take corrective action if the

requirements of this Section are not complied with by an

Electing Provider.

(8) On and after the effective date of this amendatory

Act of the 99th General Assembly, an Electing Provider

shall continue to offer and provide the optional packages

described in this subsection (d) to existing customers and

new customers. On and after July 1, 2017, an Electing

Provider may immediately stop offering the optional

packages described in this subsection (d) and, upon

providing two notices to affected customers and to the

Commission, may stop providing the optional packages

described in this subsection (d) to all customers who

subscribe to one of the optional packages. The first notice

shall be provided at least 90 days before the date upon

which the Electing Provider intends to stop providing the

optional packages, and the second notice must be provided

at least 30 days before that date. The first notice shall

not be provided prior to July 1, 2017. Each notice must

identify the date on which the Electing Provider intends to

stop providing the optional packages, at least one

alternative service available to the customer, and a

telephone number by which the customer may contact a

service representative of the Electing Provider. After

July 1, 2017 with respect to new customers, and upon the

expiration of the second notice period with respect to

customers who were subscribing to one of the optional

packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),

(d)(6), and (d)(7) of this Section shall not apply to the

Electing Provider. Notwithstanding any other provision of

this Article, an Electing Provider that has ceased

providing the optional packages under this subdivision

(d)(8) is not subject to Section 13-301(1)(c) of this Act.

Notwithstanding any other provision of this Act, and

subject to subdivision (d)(7) of this Section, the

Commission's authority over the discontinuance of the

optional packages described in this subsection (d) by an

Electing Provider shall be governed solely by this

subsection (d)(8).

(e) Service quality and customer credits for basic local

exchange service.

(1) An Electing Provider shall meet the following

service quality standards in providing basic local

exchange service, which for purposes of this subsection

(e), includes both basic local exchange service and any

consumer choice safe harbor options that may be required by

subsection (d) of this Section.

(A) Install basic local exchange service within 5

business days after receipt of an order from the

customer unless the customer requests an installation

date that is beyond 5 business days after placing the

order for basic service and to inform the customer of

the Electing Provider's duty to install service within

this timeframe. If installation of service is

requested on or by a date more than 5 business days in

the future, the Electing Provider shall install

service by the date requested.

(B) Restore basic local exchange service for the

customer within 30 hours after receiving notice that

the customer is out of service.

(C) Keep all repair and installation appointments

for basic local exchange service if a customer premises

visit requires a customer to be present. The

appointment window shall be either a specific time or,

at a maximum, a 4-hour time block during evening,

weekend, and normal business hours.

(D) Inform a customer when a repair or installation

appointment requires the customer to be present.

(2) Customers shall be credited by the Electing

Provider for violations of basic local exchange service

quality standards described in subdivision (e)(1) of this

Section. The credits shall be applied automatically on the

statement issued to the customer for the next monthly

billing cycle following the violation or following the

discovery of the violation. The next monthly billing cycle

following the violation or the discovery of the violation

means the billing cycle immediately following the billing

cycle in process at the time of the violation or discovery

of the violation, provided the total time between the

violation or discovery of the violation and the issuance of

the credit shall not exceed 60 calendar days. The Electing

Provider is responsible for providing the credits and the

customer is under no obligation to request such credits.

The following credits shall apply:

(A) If an Electing Provider fails to repair an

out-of-service condition for basic local exchange

service within 30 hours, the Electing Provider shall

provide a credit to the customer. If the service

disruption is for more than 30 hours, but not more than

48 hours, the credit must be equal to a pro-rata

portion of the monthly recurring charges for all basic

local exchange services disrupted. If the service

disruption is for more than 48 hours, but not more than

72 hours, the credit must be equal to at least 33% of

one month's recurring charges for all local services

disrupted. If the service disruption is for more than

72 hours, but not more than 96 hours, the credit must

be equal to at least 67% of one month's recurring

charges for all basic local exchange services

disrupted. If the service disruption is for more than

96 hours, but not more than 120 hours, the credit must

be equal to one month's recurring charges for all basic

local exchange services disrupted. For each day or

portion thereof that the service disruption continues

beyond the initial 120-hour period, the Electing

Provider shall also provide an additional credit of $20

per calendar day.

(B) If an Electing Provider fails to install basic

local exchange service as required under subdivision

(e)(1) of this Section, the Electing Provider shall

waive 50% of any installation charges, or in the

absence of an installation charge or where

installation is pursuant to the Link Up program, the

Electing Provider shall provide a credit of $25. If an

Electing Provider fails to install service within 10

business days after the service application is placed,

or fails to install service within 5 business days

after the customer's requested installation date, if

the requested date was more than 5 business days after

the date of the order, the Electing Provider shall

waive 100% of the installation charge, or in the

absence of an installation charge or where

installation is provided pursuant to the Link Up

program, the Electing Provider shall provide a credit

of $50. For each day that the failure to install

service continues beyond the initial 10 business days,

or beyond 5 business days after the customer's

requested installation date, if the requested date was

more than 5 business days after the date of the order,

the Electing Provider shall also provide an additional

credit of $20 per calendar day until the basic local

exchange service is installed.

(C) If an Electing Provider fails to keep a

scheduled repair or installation appointment when a

customer premises visit requires a customer to be

present as required under subdivision (e)(1) of this

Section, the Electing Provider shall credit the

customer $25 per missed appointment. A credit required

by this subdivision does not apply when the Electing

Provider provides the customer notice of its inability

to keep the appointment no later than 8:00 pm of the

day prior to the scheduled date of the appointment.

(D) Credits required by this subsection do not

apply if the violation of a service quality standard:

(i) occurs as a result of a negligent or

willful act on the part of the customer;

(ii) occurs as a result of a malfunction of

customer-owned telephone equipment or inside

wiring;

(iii) occurs as a result of, or is extended by,

an emergency situation as defined in 83 Ill. Adm.

Code 732.10;

(iv) is extended by the Electing Provider's

inability to gain access to the customer's

premises due to the customer missing an

appointment, provided that the violation is not

further extended by the Electing Provider;

(v) occurs as a result of a customer request to

change the scheduled appointment, provided that

the violation is not further extended by the

Electing Provider;

(vi) occurs as a result of an Electing

Provider's right to refuse service to a customer as

provided in Commission rules; or

(vii) occurs as a result of a lack of

facilities where a customer requests service at a

geographically remote location, where a customer

requests service in a geographic area where the

Electing Provider is not currently offering

service, or where there are insufficient

facilities to meet the customer's request for

service, subject to an Electing Provider's

obligation for reasonable facilities planning.

(3) Each Electing Provider shall provide to the

Commission on a quarterly basis and in a form suitable for

posting on the Commission's website in conformance with the

rules adopted by the Commission and in effect on April 1,

2010, a public report that includes the following data for

basic local exchange service quality of service:

(A) With regard to credits due in accordance with

subdivision (e)(2)(A) as a result of out-of-service

conditions lasting more than 30 hours:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of credits issued for repairs

between 30 and 48 hours;

(iii) the number of credits issued for repairs

between 49 and 72 hours;

(iv) the number of credits issued for repairs

between 73 and 96 hours;

(v) the number of credits used for repairs

between 97 and 120 hours;

(vi) the number of credits issued for repairs

greater than 120 hours; and

(vii) the number of exemptions claimed for

each of the categories identified in subdivision

(e)(2)(D).

(B) With regard to credits due in accordance with

subdivision (e)(2)(B) as a result of failure to install

basic local exchange service:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of installations after 5

business days;

(iii) the number of installations after 10

business days;

(iv) the number of installations after 11

business days; and

(v) the number of exemptions claimed for each

of the categories identified in subdivision

(e)(2)(D).

(C) With regard to credits due in accordance with

subdivision (e)(2)(C) as a result of missed

appointments:

(i) the total dollar amount of any customer

credits paid;

(ii) the number of any customers receiving

credits; and

(iii) the number of exemptions claimed for

each of the categories identified in subdivision

(e)(2)(D).

(D) The Electing Provider's annual report required

by this subsection shall also include, for

informational reporting, the performance data

described in subdivisions (e)(2)(A), (e)(2)(B), and

(e)(2)(C), and trouble reports per 100 access lines

calculated using the Commission's existing applicable

rules and regulations for such measures, including the

requirements for service standards established in this

Section.

(4) It is the intent of the General Assembly that the

service quality rules and customer credits in this

subsection (e) of this Section and other enforcement

mechanisms, including fines and penalties authorized by

Section 13-305, shall apply on a nondiscriminatory basis to

all Electing Providers. Accordingly, notwithstanding any

provision of any service quality rules promulgated by the

Commission, any alternative regulation plan adopted by the

Commission, or any other order of the Commission, any

Electing Provider that is subject to any other order of the

Commission and that violates or fails to comply with the

service quality standards promulgated pursuant to this

subsection (e) or any other order of the Commission shall

not be subject to any fines, penalties, customer credits,

or enforcement mechanisms other than such fines or

penalties or customer credits as may be imposed by the

Commission in accordance with the provisions of this

subsection (e) and Section 13-305, which are to be

generally applicable to all Electing Providers. The amount

of any fines or penalties imposed by the Commission for

failure to comply with the requirements of this subsection

(e) shall be an appropriate amount, taking into account, at

a minimum, the Electing Provider's gross annual intrastate

revenue; the frequency, duration, and recurrence of the

violation; and the relative harm caused to the affected

customers or other users of the network. In imposing fines

and penalties, the Commission shall take into account

compensation or credits paid by the Electing Provider to

its customers pursuant to this subsection (e) in

compensation for any violation found pursuant to this

subsection (e), and in any event the fine or penalty shall

not exceed an amount equal to the maximum amount of a civil

penalty that may be imposed under Section 13-305.

(5) An Electing Provider in each of the MSA or Exchange

areas classified as competitive pursuant to subsection (c)

of this Section shall fulfill the requirements in

subdivision (e)(3) of this Section for 3 years after its

notice of election becomes effective. After such 3 years,

the requirements in subdivision (e)(3) of this Section

shall not apply to such Electing Provider, except that,

upon request from the Commission, the Electing Provider

shall provide a report showing the number of credits and

exemptions for the requested time period.

(f) Commission jurisdiction over competitive retail

telecommunications services. Except as otherwise expressly

stated in this Section, the Commission shall thereafter have no

jurisdiction or authority over any aspect of competitive retail

telecommunications service of an Electing Provider in those

geographic areas included in the Electing Provider's notice of

election pursuant to subsection (b) of this Section or of a

retail telecommunications service classified as competitive

pursuant to Section 13-502 or subdivision (c)(5) of this

Section, heretofore subject to the jurisdiction of the

Commission, including but not limited to, any requirements of

this Article related to the terms, conditions, rates, quality

of service, availability, classification or any other aspect of

any competitive retail telecommunications services. No

telecommunications carrier shall commit any unfair or

deceptive act or practice in connection with any aspect of the

offering or provision of any competitive retail

telecommunications service. Nothing in this Article shall

limit or affect any provisions in the Consumer Fraud and

Deceptive Business Practices Act with respect to any unfair or

deceptive act or practice by a telecommunications carrier.

(g) Commission authority over access services upon

election for market regulation.

(1) As part of its Notice of Election for Market

Regulation, the Electing Provider shall reduce its

intrastate switched access rates to rates no higher than

its interstate switched access rates in 4 installments. The

first reduction must be made 30 days after submission of

its complete application for Notice of Election for Market

Regulation, and the Electing Provider must reduce its

intrastate switched access rates by an amount equal to 33%

of the difference between its current intrastate switched

access rates and its current interstate switched access

rates. The second reduction must be made no later than one

year after the first reduction, and the Electing Provider

must reduce its then current intrastate switched access

rates by an amount equal to 41% of the difference between

its then current intrastate switched access rates and its

then current interstate switched access rates. The third

reduction must be made no later than one year after the

second reduction, and the Electing Provider must reduce its

then current intrastate switched access rates by an amount

equal to 50% of the difference between its then current

intrastate switched access rate and its then current

interstate switched access rates. The fourth reduction

must be made on or before June 30, 2013, and the Electing

Provider must reduce its intrastate switched access rate to

mirror its then current interstate switched access rates

and rate structure. Following the fourth reduction, each

Electing Provider must continue to set its intrastate

switched access rates to mirror its interstate switched

access rates and rate structure. For purposes of this

subsection, the rate for intrastate switched access

service means the composite, per-minute rate for that

service, including all applicable fixed and

traffic-sensitive charges, including, but not limited to,

carrier common line charges.

(2) Nothing in paragraph (1) of this subsection (g)

prohibits an Electing Provider from electing to offer

intrastate switched access service at rates lower than its

interstate switched access rates.

(3) The Commission shall have no authority to order an

Electing Provider to set its rates for intrastate switched

access at a level lower than its interstate switched access

rates.

(4) The Commission's authority under this subsection

(g) shall only apply to Electing Providers under Market

Regulation. The Commission's authority over switched

access services for all other carriers is retained under

Section 13-900.2 of this Act.

(h) Safety of service equipment and facilities.

(1) An Electing Provider shall furnish, provide, and

maintain such service instrumentalities, equipment, and

facilities as shall promote the safety, health, comfort,

and convenience of its patrons, employees, and public and

as shall be in all respects adequate, reliable, and

efficient without discrimination or delay. Every Electing

Provider shall provide service and facilities that are in

all respects environmentally safe.

(2) The Commission is authorized to conduct an

investigation of any Electing Provider or part thereof. The

investigation may examine the reasonableness, prudence, or

efficiency of any aspect of the Electing Provider's

operations or functions that may affect the adequacy,

safety, efficiency, or reliability of telecommunications

service. The Commission may conduct or order an

investigation only when it has reasonable grounds to

believe that the investigation is necessary to assure that

the Electing Provider is providing adequate, efficient,

reliable, and safe service. The Commission shall, before

initiating any such investigation, issue an order

describing the grounds for the investigation and the

appropriate scope and nature of the investigation, which

shall be reasonably related to the grounds relied upon by

the Commission in its order.

(i) (Blank).

(j) Application of Article VII. The provisions of Sections

7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are

applicable to an Electing Provider offering or providing retail

telecommunications service, and the Commission's regulation

thereof, except that (1) the approval of contracts and

arrangements with affiliated interests required by paragraph

(3) of Section 7-101 shall not apply to such telecommunications

carriers provided that, except as provided in item (2), those

contracts and arrangements shall be filed with the Commission;

(2) affiliated interest contracts or arrangements entered into

by such telecommunications carriers where the increased

obligation thereunder does not exceed the lesser of $5,000,000

or 5% of such carrier's prior annual revenue from

noncompetitive services are not required to be filed with the

Commission; and (3) any consent and approval of the Commission

required by Section 7-102 is not required for the sale, lease,

assignment, or transfer by any Electing Provider of any

property that is not necessary or useful in the performance of

its duties to the public.

(k) Notwithstanding other provisions of this Section, the

Commission retains its existing authority to enforce the

provisions, conditions, and requirements of the following

Sections of this Article: 13-101, 13-103, 13-201, 13-301,

13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,

13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,

13-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503,

13-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515,

13-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706,

13-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900,

13-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully

and equally applicable to Electing Providers and to

telecommunications carriers providing retail

telecommunications service classified as competitive pursuant

to Section 13-502 or subdivision (c)(5) of this Section subject

to the provisions of this Section. On the effective date of

this amendatory Act of the 98th General Assembly, the following

Sections of this Article shall cease to apply to Electing

Providers and to telecommunications carriers providing retail

telecommunications service classified as competitive pursuant

to Section 13-502 or subdivision (c)(5) of this Section:

13-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2,

13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507,

13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701,

and 13-712.

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

(220 ILCS 5/13-507) (from Ch. 111 2/3, par. 13-507)

Sec. 13-507. In any proceeding permitting, approving,

investigating, or establishing rates, charges,

classifications, or tariffs for telecommunications services

offered or provided by a telecommunications carrier that offers

or provides both noncompetitive and competitive services, the

Commission shall not allow any subsidy of competitive services

or nonregulated activities by noncompetitive services. In the

event that facilities are utilized or expenses are incurred for

the provision of both competitive and noncompetitive services,

the Commission shall apportion the facilities and expenses

between noncompetitive services in the aggregate and

competitive services in the aggregate and shall allow or

establish rates or charges for the noncompetitive services

which reflect only that portion of the facilities or expenses

that it finds to be properly and reasonably apportioned to

noncompetitive services. An apportionment of facilities or

expenses between competitive and noncompetitive services,

together with any corresponding rate changes, shall be made in

general rate proceedings and in other proceedings, including

service classification proceedings, that are necessary to

ensure against any subsidy of competitive services by

noncompetitive services. The Commission shall have the power to

take or require such action as is necessary to ensure that

rates or charges for noncompetitive services reflect only the

value of facilities, or portion thereof, used and useful, and

the expenses or portion thereof reasonably and prudently

incurred, for the provision of the noncompetitive services. The

Commission may, in such event, also establish, by rule, any

additional procedures, rules, regulations, or mechanisms

necessary to identify and properly account for the value or

amount of such facilities or expenses.

The Commission may establish, by rule, appropriate methods

for ensuring against cross-subsidization between competitive

services and noncompetitive services as required under this

Article, including appropriate methods for calculating the

long-run service incremental costs of providing any

telecommunications service and, when appropriate, group of

services and methods for apportioning between noncompetitive

services in the aggregate and competitive services in the

aggregate the value of facilities utilized and expenses

incurred to provide both competitive and noncompetitive

services, for example, common overheads that are not accounted

for in the long-run service incremental costs of individual

services or groups of services. The Commission may order any

telecommunications carrier to conduct a long-run service

incremental cost study and to provide the results thereof to

the Commission. Any cost study provided to the Commission

pursuant to the provisions of this Section may, in the

Commission's discretion, be accorded proprietary treatment. In

addition to the requirements of subsection (c) of Section

13-502 and of Section 13-505.1 applicable to the rates and

charges for individual competitive services, the aggregate

gross revenues of all competitive services shall be equal to or

greater than the sum of the long-run service incremental costs

for all competitive services as a group and the value of other

facilities and expenses apportioned to competitive services as

a group under this Section.

(Source: P.A. 87-856.)

(220 ILCS 5/13-507.1)

Sec. 13-507.1. In any proceeding permitting, approving,

investigating, or establishing rates, charges,

classifications, or tariffs for telecommunications services

classified as noncompetitive offered or provided by an

incumbent local exchange carrier as that term is defined in

Section 13-202.1 of this Act, the Commission shall not allow

any subsidy of Internet services, cable services, or video

services by the rates or charges for local exchange

telecommunications services, including local services

classified as noncompetitive.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)

Sec. 13-508. The Commission is authorized, after notice and

hearing, to order a telecommunications carrier which offers or

provides both competitive and noncompetitive

telecommunications service to establish a fully separated

subsidiary to provide all or part of such competitive service

where:

(a) no less costly means is available and effective in

fully and properly identifying and allocating costs between

such carrier's competitive and noncompetitive

telecommunications services; and

(b) the incremental cost of establishing and maintaining

such subsidiary would not require increases in rates or charges

to levels which would effectively preclude the offer or

provision of the affected competitive telecommunications

service.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-508.1) (from Ch. 111 2/3, par. 13-508.1)

Sec. 13-508.1. Separate subsidiary requirement for certain

electronic publishing. A telecommunications carrier that

offers or provides both competitive and noncompetitive

services shall not provide (1) electronically published news,

feature, or entertainment material of the type generally

published in newspapers, or (2) electronic advertising

services, except through a fully separated subsidiary;

provided, however, that a telecommunications carrier shall be

allowed to resell, without editing the content, news, feature,

or entertainment material of the type generally published in

newspapers that it purchases from an unaffiliated entity or

from a separate subsidiary to the extent the separate

subsidiary makes that material available to all other persons

under the same rates, terms, and conditions. Nothing in this

Section shall prohibit a telecommunications carrier from

electronic advertising of its own regulated services or from

providing tariffed telecommunications services to a separate

subsidiary or an unaffiliated entity that provides

electronically published news, feature, or entertainment

material or electronic advertising services.

(Source: P.A. 87-856.)

(220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)

Sec. 13-509. Agreements for provisions of competitive

telecommunications services differing from tariffs or written

service offerings. A telecommunications carrier may negotiate

with customers or prospective customers to provide competitive

telecommunications service, and in so doing, may offer or agree

to provide such service on such terms and for such rates or

charges as are reasonable, without regard to any tariffs it may

have filed with the Commission or written service offerings

posted on the telecommunications carrier's website pursuant to

Section 13-501(c) of this Act with respect to such services.

Upon request of the Commission, the telecommunications carrier

shall submit to the Commission written notice of a list of any

such agreements (which list may be filed electronically) within

the past year. The notice shall identify the general nature of

all such agreements. A copy of each such agreement shall be

provided to the Commission within 10 business days after a

request for review of the agreement is made by the Commission

or is made to the Commission by another telecommunications

carrier or by a party to such agreement.

Any agreement or notice entered into or submitted pursuant

to the provisions of this Section may, in the Commission's

discretion, be accorded proprietary treatment.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-510) (from Ch. 111 2/3, par. 13-510)

Sec. 13-510. Compensation of payphone providers. Any

telecommunications carrier using the facilities or services of

a payphone provider shall pay the provider just and reasonable

compensation for the use of those facilities or services to

complete billable operator services calls and for any other use

that the Commission determines appropriate consistent with the

provisions of this Act. The compensation shall be determined by

the Commission subject to the provisions of this Act. This

Section shall not apply to the extent a telecommunications

carrier and a payphone provider have reached their own written

compensation agreement.

(Source: P.A. 87-856.)

(220 ILCS 5/13-512)

Sec. 13-512. Rules; review. The Commission shall have

general rulemaking authority to make rules necessary to enforce

this Article. However, not later than 270 days after the

effective date of this amendatory Act of 1997, and every 2

years thereafter, the Commission shall review all rules issued

under this Article that apply to the operations or activities

of any telecommunications carrier. The Commission shall, after

notice and hearing, repeal or modify any rule it determines to

be no longer in the public interest as the result of the

reasonable availability of competitive telecommunications

services.

(Source: P.A. 90-185, eff. 7-23-97.)

(220 ILCS 5/13-513)

Sec. 13-513. Waiver of rules. A telecommunications carrier

may petition for waiver of the application of a rule issued

pursuant to this Act. The burden of proof in establishing the

right to a waiver shall be upon the petitioner. The petition

shall include a demonstration that the waiver would not harm

consumers and would not impede the development or operation of

a competitive market. Upon such demonstration, the Commission

may waive the application of a rule, but not the application of

a provision of this Act. The Commission may conduct an

investigation of the petition on its own motion or at the

request of a potentially affected person. If no investigation

is conducted, the waiver shall be deemed granted 30 days after

the petition is filed.

(Source: P.A. 90-185, eff. 7-23-97.)

(220 ILCS 5/13-514)

Sec. 13-514. Prohibited actions of telecommunications

carriers. A telecommunications carrier shall not knowingly

impede the development of competition in any

telecommunications service market. The following prohibited

actions are considered per se impediments to the development of

competition; however, the Commission is not limited in any

manner to these enumerated impediments and may consider other

actions which impede competition to be prohibited:

(1) unreasonably refusing or delaying interconnections

or collocation or providing inferior connections to

another telecommunications carrier;

(2) unreasonably impairing the speed, quality, or

efficiency of services used by another telecommunications

carrier;

(3) unreasonably denying a request of another provider

for information regarding the technical design and

features, geographic coverage, information necessary for

the design of equipment, and traffic capabilities of the

local exchange network except for proprietary information

unless such information is subject to a proprietary

agreement or protective order;

(4) unreasonably delaying access in connecting another

telecommunications carrier to the local exchange network

whose product or service requires novel or specialized

access requirements;

(5) unreasonably refusing or delaying access by any

person to another telecommunications carrier;

(6) unreasonably acting or failing to act in a manner

that has a substantial adverse effect on the ability of

another telecommunications carrier to provide service to

its customers;

(7) unreasonably failing to offer services to

customers in a local exchange, where a telecommunications

carrier is certificated to provide service and has entered

into an interconnection agreement for the provision of

local exchange telecommunications services, with the

intent to delay or impede the ability of the incumbent

local exchange telecommunications carrier to provide

inter-LATA telecommunications services;

(8) violating the terms of or unreasonably delaying

implementation of an interconnection agreement entered

into pursuant to Section 252 of the federal

Telecommunications Act of 1996;

(9) unreasonably refusing or delaying access to or

provision of operation support systems to another

telecommunications carrier or providing inferior operation

support systems to another telecommunications carrier;

(10) unreasonably failing to offer network elements

that the Commission or the Federal Communications

Commission has determined must be offered on an unbundled

basis to another telecommunications carrier in a manner

consistent with the Commission's or Federal Communications

Commission's orders or rules requiring such offerings;

(11) violating the obligations of Section 13-801; and

(12) violating an order of the Commission regarding

matters between telecommunications carriers.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-515)

Sec. 13-515. Enforcement.

(a) The following expedited procedures shall be used to

enforce the provisions of Section 13-514 of this Act, provided

that, for a violation of paragraph (8) of Section 13-514 to

qualify for the expedited procedures of this Section, the

violation must be in a manner that unreasonably delays,

increases the cost, or impedes the availability of

telecommunications services to consumers. However, the

Commission, the complainant, and the respondent may mutually

agree to adjust the procedures established in this Section.

(b) (Blank).

(c) No complaint may be filed under this Section until the

complainant has first notified the respondent of the alleged

violation and offered the respondent 48 hours to correct the

situation. Provision of notice and the opportunity to correct

the situation creates a rebuttable presumption of knowledge

under Section 13-514. After the filing of a complaint under

this Section, the parties may agree to follow the mediation

process under Section 10-101.1 of this Act. The time periods

specified in subdivision (d)(7) of this Section shall be tolled

during the time spent in mediation under Section 10-101.1.

(d) A telecommunications carrier may file a complaint with

the Commission alleging a violation of Section 13-514 in

accordance with this subsection:

(1) The complaint shall be filed with the Chief Clerk

of the Commission and shall be served in hand upon the

respondent, the executive director, and the general

counsel of the Commission at the time of the filing.

(2) A complaint filed under this subsection shall

include a statement that the requirements of subsection (c)

have been fulfilled and that the respondent did not correct

the situation as requested.

(3) Reasonable discovery specific to the issue of the

complaint may commence upon filing of the complaint.

Requests for discovery must be served in hand and responses

to discovery must be provided in hand to the requester

within 14 days after a request for discovery is made.

(4) An answer and any other responsive pleading to the

complaint shall be filed with the Commission and served in

hand at the same time upon the complainant, the executive

director, and the general counsel of the Commission within

7 days after the date on which the complaint is filed.

(5) If the answer or responsive pleading raises the

issue that the complaint violates subsection (i) of this

Section, the complainant may file a reply to such

allegation within 3 days after actual service of such

answer or responsive pleading. Within 4 days after the time

for filing a reply has expired, the hearing officer or

arbitrator shall either issue a written decision

dismissing the complaint as frivolous in violation of

subsection (i) of this Section including the reasons for

such disposition or shall issue an order directing that the

complaint shall proceed.

(6) A pre-hearing conference shall be held within 14

days after the date on which the complaint is filed.

(7) The hearing shall commence within 30 days of the

date on which the complaint is filed. The hearing may be

conducted by a hearing examiner or by an arbitrator.

Parties and the Commission staff shall be entitled to

present evidence and legal argument in oral or written form

as deemed appropriate by the hearing examiner or

arbitrator. The hearing examiner or arbitrator shall issue

a written decision within 60 days after the date on which

the complaint is filed. The decision shall include reasons

for the disposition of the complaint and, if a violation of

Section 13-514 is found, directions and a deadline for

correction of the violation.

(8) Any party may file a petition requesting the

Commission to review the decision of the hearing examiner

or arbitrator within 5 days of such decision. Any party may

file a response to a petition for review within 3 business

days after actual service of the petition. After the time

for filing of the petition for review, but no later than 15

days after the decision of the hearing examiner or

arbitrator, the Commission shall decide to adopt the

decision of the hearing examiner or arbitrator or shall

issue its own final order.

(e) If the alleged violation has a substantial adverse

effect on the ability of the complainant to provide service to

customers, the complainant may include in its complaint a

request for an order for emergency relief. The Commission,

acting through its designated hearing examiner or arbitrator,

shall act upon such a request within 2 business days of the

filing of the complaint. An order for emergency relief may be

granted, without an evidentiary hearing, upon a verified

factual showing that the party seeking relief will likely

succeed on the merits, that the party will suffer irreparable

harm in its ability to serve customers if emergency relief is

not granted, and that the order is in the public interest. An

order for emergency relief shall include a finding that the

requirements of this subsection have been fulfilled and shall

specify the directives that must be fulfilled by the respondent

and deadlines for meeting those directives. The decision of the

hearing examiner or arbitrator to grant or deny emergency

relief shall be considered an order of the Commission unless

the Commission enters its own order within 2 calendar days of

the decision of the hearing examiner or arbitrator. The order

for emergency relief may require the responding party to act or

refrain from acting so as to protect the provision of

competitive service offerings to customers. Any action

required by an emergency relief order must be technically

feasible and economically reasonable and the respondent must be

given a reasonable period of time to comply with the order.

(f) The Commission is authorized to obtain outside

resources including, but not limited to, arbitrators and

consultants for the purposes of the hearings authorized by this

Section. Any arbitrator or consultant obtained by the

Commission shall be approved by both parties to the hearing.

The cost of such outside resources including, but not limited

to, arbitrators and consultants shall be borne by the parties.

The Commission shall review the bill for reasonableness and

assess the parties for reasonable costs dividing the costs

according to the resolution of the complaint brought under this

Section. Such costs shall be paid by the parties directly to

the arbitrators, consultants, and other providers of outside

resources within 60 days after receiving notice of the

assessments from the Commission. Interest at the statutory rate

shall accrue after expiration of the 60-day period. The

Commission, arbitrators, consultants, or other providers of

outside resources may apply to a court of competent

jurisdiction for an order requiring payment.

(g) The Commission shall assess the parties under this

subsection for all of the Commission's costs of investigation

and conduct of the proceedings brought under this Section

including, but not limited to, the prorated salaries of staff,

attorneys, hearing examiners, and support personnel and

including any travel and per diem, directly attributable to the

complaint brought pursuant to this Section, but excluding those

costs provided for in subsection (f), dividing the costs

according to the resolution of the complaint brought under this

Section. All assessments made under this subsection shall be

paid into the Public Utility Fund within 60 days after

receiving notice of the assessments from the Commission.

Interest at the statutory rate shall accrue after the

expiration of the 60 day period. The Commission is authorized

to apply to a court of competent jurisdiction for an order

requiring payment.

(h) If the Commission determines that there is an imminent

threat to competition or to the public interest, the Commission

may, notwithstanding any other provision of this Act, seek

temporary, preliminary, or permanent injunctive relief from a

court of competent jurisdiction either prior to or after the

hearing.

(i) A party shall not bring or defend a proceeding brought

under this Section or assert or controvert an issue in a

proceeding brought under this Section, unless there is a

non-frivolous basis for doing so. By presenting a pleading,

written motion, or other paper in complaint or defense of the

actions or inaction of a party under this Section, a party is

certifying to the Commission that to the best of that party's

knowledge, information, and belief, formed after a reasonable

inquiry of the subject matter of the complaint or defense, that

the complaint or defense is well grounded in law and fact, and

under the circumstances:

(1) it is not being presented to harass the other

party, cause unnecessary delay in the provision of

competitive telecommunications services to consumers, or

create needless increases in the cost of litigation; and

(2) the allegations and other factual contentions have

evidentiary support or, if specifically so identified, are

likely to have evidentiary support after reasonable

opportunity for further investigation or discovery as

defined herein.

(j) If, after notice and a reasonable opportunity to

respond, the Commission determines that subsection (i) has been

violated, the Commission shall impose appropriate sanctions

upon the party or parties that have violated subsection (i) or

are responsible for the violation. The sanctions shall be not

more than $30,000, plus the amount of expenses accrued by the

Commission for conducting the hearing. Payment of sanctions

imposed under this subsection shall be made to the Common

School Fund within 30 days of imposition of such sanctions.

(k) An appeal of a Commission Order made pursuant to this

Section shall not effectuate a stay of the Order unless a court

of competent jurisdiction specifically finds that the party

seeking the stay will likely succeed on the merits, that the

party will suffer irreparable harm without the stay, and that

the stay is in the public interest.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-516)

Sec. 13-516. Enforcement remedies for prohibited actions

by telecommunications carriers.

(a) In addition to any other provision of this Act, all of

the following remedies may be applied for violations of Section

13-514, provided that, for a violation of paragraph (8) of

Section 13-514 to qualify for the remedies in this Section, the

violation must be in a manner that unreasonably delays,

increases the cost, or impedes the availability of

telecommunications services to consumers:

(1) A Commission order directing the violating

telecommunications carrier to cease and desist from

violating the Act or a Commission order or rule.

(2) Notwithstanding any other provision of this Act,

for a second and any subsequent violation of Section 13-514

committed by a telecommunications carrier after the

effective date of this amendatory Act of the 92nd General

Assembly, the Commission may impose penalties of up to

$30,000 or 0.00825% of the telecommunications carrier's

gross intrastate annual telecommunications revenue,

whichever is greater, per violation unless the

telecommunications carrier has fewer than 35,000

subscriber access lines, in which case the civil penalty

may not exceed $2,000 per violation. The second and any

subsequent violation of Section 13-514 need not be of the

same nature or provision of the Section for a penalty to be

imposed. Matters resolved through voluntary mediation

pursuant to Section 10-101.1 shall not be considered as a

violation of Section 13-514 in computing eligibility for

imposition of a penalty under this subdivision (a)(2). Each

day of a continuing offense shall be treated as a separate

violation for purposes of levying any penalty under this

Section. The period for which the penalty shall be levied

shall commence on the day the telecommunications carrier

first violated Section 13-514 or on the day of the notice

provided to the telecommunications carrier pursuant to

subsection (c) of Section 13-515, whichever is later, and

shall continue until the telecommunications carrier is in

compliance with the Commission order. In assessing a

penalty under this subdivision (a)(2), the Commission may

consider mitigating factors, including those specified in

items (1) through (4) of subsection (a) of Section 13-304.

(3) The Commission shall award damages, attorney's

fees, and costs to any telecommunications carrier that was

subjected to a violation of Section 13-514.

(b) The Commission may waive penalties imposed under

subdivision (a)(2) if it makes a written finding as to its

reasons for waiving the penalty. Reasons for waiving a penalty

shall include, but not be limited to, technological

infeasibility and acts of God.

(c) The Commission shall establish by rule procedures for

the imposition of remedies under subsection (a) that, at a

minimum, provide for notice, hearing and a written order

relating to the imposition of remedies.

(d) Unless enforcement of an order entered by the

Commission under Section 13-515 otherwise directs or is stayed

by the Commission or by an appellate court reviewing the

Commission's order, at any time after 30 days from the entry of

the order, either the Commission, or the telecommunications

carrier found by the Commission to have been subjected to a

violation of Section 13-514, or both, is authorized to petition

a court of competent jurisdiction for an order at law or in

equity requiring enforcement of the Commission order. The court

shall determine (1) whether the Commission entered the order

identified in the petition and (2) whether the violating

telecommunications carrier has complied with the Commission's

order. A certified copy of a Commission order shall be prima

facie evidence that the Commission entered the order so

certified. Pending the court's resolution of the petition, the

court may award temporary or preliminary injunctive relief, or

such other equitable relief as may be necessary, to effectively

implement and enforce the Commission's order in a timely

manner.

If after a hearing the court finds that the Commission

entered the order identified in the petition and that the

violating telecommunications carrier has not complied with the

Commission's order, the court shall enter judgment requiring

the violating telecommunications carrier to comply with the

Commission's order and order such relief at law or in equity as

the court deems necessary to effectively implement and enforce

the Commission's order in a timely manner. The court shall also

award to the petitioner, or petitioners, attorney's fees and

costs, which shall be taxed and collected as part of the costs

of the case.

If the court finds that the violating telecommunications

carrier has failed to comply with the timely payment of

damages, attorney's fees, or costs ordered by the Commission,

the court shall order the violating telecommunications carrier

to pay to the telecommunications carrier or carriers awarded

the damages, fees, or costs by the Commission additional

damages for the sake of example and by way of punishment for

the failure to timely comply with the order of the Commission,

unless the court finds a reasonable basis for the violating

telecommunications carrier's failure to make timely payment

according to the Commission's order, in which instance the

court shall establish a new date for payment to be made.

(e) Payment of damages, attorney's fees, and costs imposed

under subsection (a) shall be made within 30 days after

issuance of the Commission order imposing the penalties,

damages, attorney's fees, or costs, unless otherwise directed

by the Commission or a reviewing court under an appeal taken

pursuant to Article X. Payment of penalties imposed under

subsection (a) shall be made to the Common School Fund within

30 days of issuance of the Commission order imposing the

penalties.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-517)

Sec. 13-517. Provision of advanced telecommunications

services.

(a) Every Incumbent Local Exchange Carrier

(telecommunications carrier that offers or provides a

noncompetitive telecommunications service) shall offer or

provide advanced telecommunications services to not less than

80% of its customers by January 1, 2005.

(b) The Commission is authorized to grant a full or partial

waiver of the requirements of this Section upon verified

petition of any Incumbent Local Exchange Carrier ("ILEC") which

demonstrates that full compliance with the requirements of this

Section would be unduly economically burdensome or technically

infeasible or otherwise impractical in exchanges with low

population density. Notice of any such petition must be given

to all potentially affected customers. If no potentially

affected customer requests the opportunity for a hearing on the

waiver petition, the Commission may, in its discretion, allow

the waiver request to take effect without hearing. The

Commission shall grant such petition to the extent that, and

for such duration as, the Commission determines that such

waiver:

(1) is necessary:

(A) to avoid a significant adverse economic impact

on users of telecommunications services generally;

(B) to avoid imposing a requirement that is unduly

economically burdensome;

(C) to avoid imposing a requirement that is

technically infeasible; or

(D) to avoid imposing a requirement that is

otherwise impractical to implement in exchanges with

low population density; and

(2) is consistent with the public interest,

convenience, and necessity.

The Commission shall act upon any petition filed under this

subsection within 180 days after receiving such petition. The

Commission may by rule establish standards for granting any

waiver of the requirements of this Section. The Commission may,

upon complaint or on its own motion, hold a hearing to

reconsider its grant of a waiver in whole or in part. In the

event that the Commission, following hearing, determines that

the affected ILEC no longer meets the requirements of item (2)

of this subsection, the Commission shall by order rescind such

waiver, in whole or in part. In the event and to the degree the

Commission rescinds such waiver, the Commission shall

establish an implementation schedule for compliance with the

requirements of this Section.

(c) As used in this Section, "advanced telecommunications

services" means services capable of supporting, in at least one

direction, a speed in excess of 200 kilobits per second (kbps)

to the network demarcation point at the subscriber's premises.

(Source: P.A. 97-813, eff. 7-13-12.)

(220 ILCS 5/13-518)

Sec. 13-518. Optional service packages.

(a) It is the intent of this Section to provide unlimited

local service packages at prices that will result in savings

for the average consumer. Each telecommunications carrier that

provides competitive and noncompetitive services, and that is

subject to an alternative regulation plan pursuant to Section

13-506.1 of this Article, shall provide, in addition to such

other services as it offers, the following optional packages of

services for a fixed monthly rate, which, along with the terms

and conditions thereof, the Commission shall review, pursuant

to Article IX of this Act, to determine whether such rates,

terms, and conditions are fair, just, and reasonable.

(1) A budget package, which shall consist of

residential access service and unlimited local calls.

(2) A flat rate package, which shall consist of

residential access service, unlimited local calls, and the

customer's choice of 2 vertical services as defined in this

Section.

(3) An enhanced flat rate package, which shall consist

of residential access service for 2 lines, unlimited local

calls, the customer's choice of 2 vertical services as

defined in this Section, and unlimited local toll service.

(b) Nothing in this Section or this Act shall be construed

to prohibit any telecommunications carrier subject to this

Section from charging customers who elect to take one of the

groups of services offered pursuant to this Section, any

applicable surcharges, fees, and taxes.

(c) The term "vertical services", when used in this

Section, includes, but is not necessarily limited to, call

waiting, call forwarding, 3-way calling, caller ID, call

tracing, automatic callback, repeat dialing, and voicemail.

(d) The service packages described in this Section shall be

defined as noncompetitive services.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-519)

Sec. 13-519. Fire alarm; discontinuance of service. When a

telecommunications carrier initiates a discontinuance of

service on a known emergency system or fire alarm system that

is required by the local authority to be a dedicated phone line

circuit to the central dispatch of the fire department or fire

protection district or, if applicable, the police department,

the telecommunications carrier shall also transmit a copy of

the written notice of discontinuance to that local authority.

(Source: P.A. 93-412, eff. 1-1-04.)

(220 ILCS 5/13-601) (from Ch. 111 2/3, par. 13-601)

Sec. 13-601. Application of Article VII. The provisions of

Article VII of this Act are applicable only to

telecommunications carriers offering or providing

noncompetitive telecommunications service, and the

Commission's regulation thereof, except that (1) the approval

of contracts and arrangements with affiliated interests

required by paragraph (3) of Section 7-101 shall not apply to

such telecommunications carriers provided that, except as

provided in item (2), those contracts and arrangements shall be

filed with the Commission and (2) affiliated interest contracts

or arrangements entered into by such telecommunications

carriers where the increased obligation thereunder does not

exceed the lesser of $5,000,000 or 5% of such carrier's prior

annual revenue from noncompetitive services are not required to

be filed with the Commission.

(Source: P.A. 89-440, eff. 12-15-95.)

(220 ILCS 5/13-701) (from Ch. 111 2/3, par. 13-701)

Sec. 13-701. Notwithstanding any other provision of this

Act to the contrary, the Commission has no power to supervise

or control any telephone cooperative as respects assessment

schedules or local service rates made or charged by such a

cooperative on a nondiscriminatory basis. In addition, the

Commission has no power to inquire into, or require the

submission of, the terms, conditions or agreements by or under

which telephone cooperatives are financed. A telephone

cooperative shall file with the Commission either a copy of the

annual financial report required by the Rural Electrification

Administration, or the annual financial report required of

other public utilities.

Sections 13-712 and 13-713 of this Act do not apply to

telephone cooperatives.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/13-702) (from Ch. 111 2/3, par. 13-702)

Sec. 13-702. Every telecommunications carrier operating in

this State shall receive, transmit and deliver, without

discrimination or delay, the conversations, messages or other

transmissions of every other telecommunications carrier with

which a joint rate has been established or with whose line a

physical connection may have been made.

(Source: P.A. 84-1063.)

(220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)

Sec. 13-703. (a) The Commission shall design and implement

a program whereby each telecommunications carrier providing

local exchange service shall provide a telecommunications

device capable of servicing the needs of those persons with a

hearing or speech disability together with a single party line,

at no charge additional to the basic exchange rate, to any

subscriber who is certified as having a hearing or speech

disability by a hearing care professional, as defined in the

Hearing Instrument Consumer Protection Act, a speech-language

pathologist, or a qualified State agency and to any subscriber

which is an organization serving the needs of those persons

with a hearing or speech disability as determined and specified

by the Commission pursuant to subsection (d).

(b) The Commission shall design and implement a program,

whereby each telecommunications carrier providing local

exchange service shall provide a telecommunications relay

system, using third party intervention to connect those persons

having a hearing or speech disability with persons of normal

hearing by way of intercommunications devices and the telephone

system, making available reasonable access to all phases of

public telephone service to persons who have a hearing or

speech disability. In order to design a telecommunications

relay system which will meet the requirements of those persons

with a hearing or speech disability available at a reasonable

cost, the Commission shall initiate an investigation and

conduct public hearings to determine the most cost-effective

method of providing telecommunications relay service to those

persons who have a hearing or speech disability when using

telecommunications devices and therein solicit the advice,

counsel, and physical assistance of Statewide nonprofit

consumer organizations that serve persons with hearing or

speech disabilities in such hearings and during the development

and implementation of the system. The Commission shall phase in

this program, on a geographical basis, as soon as is

practicable, but no later than June 30, 1990.

(c) The Commission shall establish a competitively neutral

rate recovery mechanism that establishes charges in an amount

to be determined by the Commission for each line of a

subscriber to allow telecommunications carriers providing

local exchange service to recover costs as they are incurred

under this Section. Beginning no later than April 1, 2016, and

on a yearly basis thereafter, the Commission shall initiate a

proceeding to establish the competitively neutral amount to be

charged or assessed to subscribers of telecommunications

carriers and wireless carriers, Interconnected VoIP service

providers, and consumers of prepaid wireless

telecommunications service in a manner consistent with this

subsection (c) and subsection (f) of this Section. The

Commission shall issue its order establishing the

competitively neutral amount to be charged or assessed to

subscribers of telecommunications carriers and wireless

carriers, Interconnected VoIP service providers, and

purchasers of prepaid wireless telecommunications service on

or prior to June 1 of each year, and such amount shall take

effect June 1 of each year.

Telecommunications carriers, wireless carriers,

Interconnected VoIP service providers, and sellers of prepaid

wireless telecommunications service shall have 60 days from the

date the Commission files its order to implement the new rate

established by the order.

(d) The Commission shall determine and specify those

organizations serving the needs of those persons having a

hearing or speech disability that shall receive a

telecommunications device and in which offices the equipment

shall be installed in the case of an organization having more

than one office. For the purposes of this Section,

"organizations serving the needs of those persons with hearing

or speech disabilities" means centers for independent living as

described in Section 12a of the Rehabilitation of Persons with

Disabilities Act and not-for-profit organizations whose

primary purpose is serving the needs of those persons with

hearing or speech disabilities. The Commission shall direct the

telecommunications carriers subject to its jurisdiction and

this Section to comply with its determinations and

specifications in this regard.

(e) As used in this Section:

"Prepaid wireless telecommunications service" has the

meaning given to that term under Section 10 of the Prepaid

Wireless 9-1-1 Surcharge Act.

"Retail transaction" has the meaning given to that term

under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act.

"Seller" has the meaning given to that term under Section

10 of the Prepaid Wireless 9-1-1 Surcharge Act.

"Telecommunications carrier providing local exchange

service" includes, without otherwise limiting the meaning of

the term, telecommunications carriers which are purely mutual

concerns, having no rates or charges for services, but paying

the operating expenses by assessment upon the members of such a

company and no other person.

"Wireless carrier" has the meaning given to that term under

Section 2 10 of the Wireless Emergency Telephone System Safety

Act.

(f) Interconnected VoIP service providers, sellers of

prepaid wireless telecommunications service, and wireless

carriers in Illinois shall collect and remit assessments

determined in accordance with this Section in a competitively

neutral manner in the same manner as a telecommunications

carrier providing local exchange service. However, the

assessment imposed on consumers of prepaid wireless

telecommunications service shall be collected by the seller

from the consumer and imposed per retail transaction as a

percentage of that retail transaction on all retail

transactions occurring in this State. The assessment on

subscribers of wireless carriers and consumers of prepaid

wireless telecommunications service shall not be imposed or

collected prior to June 1, 2016.

Sellers of prepaid wireless telecommunications service

shall remit the assessments to the Department of Revenue on the

same form and in the same manner which they remit the fee

collected under the Prepaid Wireless 9-1-1 Surcharge Act. For

the purposes of display on the consumers' receipts, the rates

of the fee collected under the Prepaid Wireless 9-1-1 Surcharge

Act and the assessment under this Section may be combined. In

administration and enforcement of this Section, the provisions

of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge

Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of

Section 15 and subsections (c) and (e) of Section 20 of the

Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015

(the effective date of Public Act 99-6), the seller shall be

permitted to deduct and retain 3% of the assessments that are

collected by the seller from consumers and that are remitted

and timely filed with the Department) that are not inconsistent

with this Section, shall apply, as far as practicable, to the

subject matter of this Section to the same extent as if those

provisions were included in this Section. The Department shall

deposit all assessments and penalties collected under this

Section into the Illinois Telecommunications Access

Corporation Fund, a special fund created in the State treasury.

On or before the 25th day of each calendar month, the

Department shall prepare and certify to the Comptroller the

amount available to the Commission for distribution out of the

Illinois Telecommunications Access Corporation Fund. The

amount certified shall be the amount (not including credit

memoranda) collected during the second preceding calendar

month by the Department, plus an amount the Department

determines is necessary to offset any amounts which were

erroneously paid to a different taxing body or fund. The amount

paid to the Illinois Telecommunications Access Corporation

Fund shall not include any amount equal to the amount of

refunds made during the second preceding calendar month by the

Department to retailers under this Section or any amount that

the Department determines is necessary to offset any amounts

which were payable to a different taxing body or fund but were

erroneously paid to the Illinois Telecommunications Access

Corporation Fund. The Commission shall distribute all the funds

to the Illinois Telecommunications Access Corporation and the

funds may only be used in accordance with the provisions of

this Section. The Department shall deduct 2% of all amounts

deposited in the Illinois Telecommunications Access

Corporation Fund during every year of remitted assessments. Of

the 2% deducted by the Department, one-half shall be

transferred into the Tax Compliance and Administration Fund to

reimburse the Department for its direct costs of administering

the collection and remittance of the assessment. The remaining

one-half shall be transferred into the Public Utility Fund to

reimburse the Commission for its costs of distributing to the

Illinois Telecommunications Access Corporation the amount

certified by the Department for distribution. The amount to be

charged or assessed under subsections (c) and (f) is not

imposed on a provider or the consumer for wireless Lifeline

service where the consumer does not pay the provider for the

service. Where the consumer purchases from the provider

optional minutes, texts, or other services in addition to the

federally funded Lifeline benefit, a consumer must pay the

charge or assessment, and it must be collected by the seller

according to this subsection (f).

Interconnected VoIP services shall not be considered an

intrastate telecommunications service for the purposes of this

Section in a manner inconsistent with federal law or Federal

Communications Commission regulation.

(g) The provisions of this Section are severable under

Section 1.31 of the Statute on Statutes.

(h) The Commission may adopt rules necessary to implement

this Section.

(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642,

eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17;

revised 2-15-17.)

(220 ILCS 5/13-704) (from Ch. 111 2/3, par. 13-704)

Sec. 13-704. Each page of a billing statement which sets

forth charges assessed against a customer by a

telecommunications carrier for telecommunications service

shall reflect the telephone number or customer account number

to which the charges are being billed. If a telecommunications

carrier offers electronic billing, customers may elect to have

their bills sent electronically. Such bills shall be

transmitted with instructions for payment. Information sent

electronically shall be deemed to satisfy any requirement in

this Section that such information be printed or written on a

customer bill. Bills may be paid electronically or by the use

of a customer-preferred financially accredited credit or debit

methodology.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-705) (from Ch. 111 2/3, par. 13-705)

Sec. 13-705. Every telephone directory distributed after

July 1, 1990 to the general public in this State which lists

the calling numbers of telephones, of any telephone exchange

located in this State, shall also contain a listing, at no

additional charge, of any special calling number assigned to

any telecommunication device for the deaf in use within the

geographic area of coverage for the directory, unless the

telephone company is notified by the telecommunication device

subscriber that the subscriber does not wish the TDD number to

be listed in the directory. Such listing shall include, but is

not limited to, residential, commercial and governmental

numbers with telecommunication device access and shall include

a designation if the device is for print or display

communication only or if it also accommodates voice

transmission. In addition to the aforementioned requirements

each telephone directory so distributed shall also contain a

listing of any city and county emergency services and any

police telecommunication device for the deaf calling numbers in

the coverage area within this State which is included in the

directory as well as the listing of the Illinois State Police

emergency telecommunication device for the deaf calling number

in Springfield. This emergency numbers listing shall be

preceded by the words "Emergency Assistance for Deaf Persons"

which shall be as legible and printed in the same size as all

other emergency subheadings on the page; provided, that the

provisions of this Section do not apply to those directories

distributed solely for business advertising purposes, commonly

known as classified directories.

(Source: P.A. 85-1404.)

(220 ILCS 5/13-706) (from Ch. 111 2/3, par. 13-706)

Sec. 13-706. Except as provided in Section 13-707 of this

Act, all essential telephones, all coin-operated phones and all

emergency telephones sold, rented or distributed by any other

means in this State after July 1, 1990 shall be hearing-aid

compatible. The provisions of this Section shall not apply to

any telephone that is manufactured before July 1, 1989.

(Source: P.A. 85-1440.)

(220 ILCS 5/13-707) (from Ch. 111 2/3, par. 13-707)

Sec. 13-707. The following telephones shall be exempt from

the requirements of Section 13-706 of this Act: telephones used

with public mobile services; telephones used with private radio

services; and cordless telephones. The exemption provided in

this Section shall not apply with respect to cordless

telephones manufactured or imported more than 3 years after

September 19, 1988. The Commission shall periodically assess

the appropriateness of continuing in effect the exemptions

provided herein for public mobile service and private radio

service telephones and report their findings to the General

Assembly.

(Source: P.A. 85-1440.)

(220 ILCS 5/13-709)

Sec. 13-709. Orders of correction.

(a) A telecommunications carrier shall comply with orders

of correction issued by the Department of Public Health under

Section 5 of the Illinois Plumbing License Law.

(b) Upon receiving notification from the Department of

Public Health that a telecommunications carrier has failed to

comply with an order of correction, the Illinois Commerce

Commission shall enforce the order.

(c) The good faith compliance by a telecommunications

carrier with an order of the Department of Public Health or

Illinois Commerce Commission to terminate service pursuant to

Section 5 of the Illinois Plumbing License Law shall constitute

a complete defense to any civil action brought against the

telecommunications carrier arising from the termination of

service.

(Source: P.A. 91-184, eff. 1-1-00.)

(220 ILCS 5/13-712)

Sec. 13-712. Basic local exchange service quality;

customer credits.

(a) It is the intent of the General Assembly that every

telecommunications carrier meet minimum service quality

standards in providing noncompetitive basic local exchange

service on a non-discriminatory basis to all classes of

customers.

(b) Definitions:

(1) (Blank).

(2) "Basic local exchange service" means residential

and business lines used for local exchange

telecommunications service as defined in Section 13-204 of

this Act, that have not been classified as competitive

pursuant to either Section 13-502 or subdivision (c)(5) of

Section 13-506.2 of this Act, excluding:

(A) services that employ advanced

telecommunications capability as defined in Section

706(c)(1) of the federal Telecommunications Act of

1996;

(B) vertical services;

(C) company official lines; and

(D) records work only.

(3) "Link Up" refers to the Link Up Assistance program

defined and established at 47 C.F.R. Section 54.411 et seq.

as amended.

(c) The Commission shall promulgate service quality rules

for basic local exchange service, which may include fines,

penalties, customer credits, and other enforcement mechanisms.

In developing such service quality rules, the Commission shall

consider, at a minimum, the carrier's gross annual intrastate

revenue; the frequency, duration, and recurrence of the

violation; and the relative harm caused to the affected

customer or other users of the network. In imposing fines, the

Commission shall take into account compensation or credits paid

by the telecommunications carrier to its customers pursuant to

this Section in compensation for the violation found pursuant

to this Section. These rules shall become effective within one

year after the effective date of this amendatory Act of the

92nd General Assembly.

(d) The rules shall, at a minimum, require each

telecommunications carrier to do all of the following:

(1) Install basic local exchange service within 5

business days after receipt of an order from the customer

unless the customer requests an installation date that is

beyond 5 business days after placing the order for basic

service and to inform the customer of its duty to install

service within this timeframe. If installation of service

is requested on or by a date more than 5 business days in

the future, the telecommunications carrier shall install

service by the date requested. A telecommunications

carrier offering basic local exchange service utilizing

the network or network elements of another carrier shall

install new lines for basic local exchange service within 3

business days after provisioning of the line or lines by

the carrier whose network or network elements are being

utilized is complete. This subdivision (d)(1) does not

apply to the migration of a customer between

telecommunications carriers, so long as the customer

maintains dial tone.

(2) Restore basic local exchange service for a customer

within 30 hours of receiving notice that a customer is out

of service. This provision applies to service disruptions

that occur when a customer switches existing basic local

exchange service from one carrier to another.

(3) Keep all repair and installation appointments for

basic local exchange service, when a customer premises

visit requires a customer to be present.

(4) Inform a customer when a repair or installation

appointment requires the customer to be present.

(e) The rules shall include provisions for customers to be

credited by the telecommunications carrier for violations of

basic local exchange service quality standards as described in

subsection (d). The credits shall be applied on the statement

issued to the customer for the next monthly billing cycle

following the violation or following the discovery of the

violation. The performance levels established in subsection

(c) are solely for the purposes of consumer credits and shall

not be used as performance levels for the purposes of assessing

penalties under Section 13-305. At a minimum, the rules shall

include the following:

(1) If a carrier fails to repair an out-of-service

condition for basic local exchange service within 30 hours,

the carrier shall provide a credit to the customer. If the

service disruption is for over 30 hours but less than 48

hours, the credit must be equal to a pro-rata portion of

the monthly recurring charges for all local services

disrupted. If the service disruption is for more than 48

hours, but not more than 72 hours, the credit must be equal

to at least 33% of one month's recurring charges for all

local services disrupted. If the service disruption is for

more than 72 hours, but not more than 96 hours, the credit

must be equal to at least 67% of one month's recurring

charges for all local services disrupted. If the service

disruption is for more than 96 hours, but not more than 120

hours, the credit must be equal to one month's recurring

charges for all local services disrupted. For each day or

portion thereof that the service disruption continues

beyond the initial 120-hour period, the carrier shall also

provide an additional credit of $20 per day.

(2) If a carrier fails to install basic local exchange

service as required under subdivision (d)(1), the carrier

shall waive 50% of any installation charges, or in the

absence of an installation charge or where installation is

pursuant to the Link Up program, the carrier shall provide

a credit of $25. If a carrier fails to install service

within 10 business days after the service application is

placed, or fails to install service within 5 business days

after the customer's requested installation date, if the

requested date was more than 5 business days after the date

of the order, the carrier shall waive 100% of the

installation charge, or in the absence of an installation

charge or where installation is provided pursuant to the

Link Up program, the carrier shall provide a credit of $50.

For each day that the failure to install service continues

beyond the initial 10 business days, or beyond 5 business

days after the customer's requested installation date, if

the requested date was more than 5 business days after the

date of the order, the carrier shall also provide an

additional credit of $20 per day until service is

installed.

(3) If a carrier fails to keep a scheduled repair or

installation appointment when a customer premises visit

requires a customer to be present, the carrier shall credit

the customer $25 per missed appointment. A credit required

by this subsection does not apply when the carrier provides

the customer notice of its inability to keep the

appointment no later than 8 p.m. of the day prior to the

scheduled date of the appointment.

(4) If the violation of a basic local exchange service

quality standard is caused by a carrier other than the

carrier providing retail service to the customer, the

carrier providing retail service to the customer shall

credit the customer as provided in this Section. The

carrier causing the violation shall reimburse the carrier

providing retail service the amount credited the customer.

When applicable, an interconnection agreement shall govern

compensation between the carrier causing the violation, in

whole or in part, and the retail carrier providing the

credit to the customer.

(5) (Blank).

(6) Credits required by this subsection do not apply if

the violation of a service quality standard:

(i) occurs as a result of a negligent or willful

act on the part of the customer;

(ii) occurs as a result of a malfunction of

customer-owned telephone equipment or inside wiring;

(iii) occurs as a result of, or is extended by, an

emergency situation as defined in Commission rules;

(iv) is extended by the carrier's inability to gain

access to the customer's premises due to the customer

missing an appointment, provided that the violation is

not further extended by the carrier;

(v) occurs as a result of a customer request to

change the scheduled appointment, provided that the

violation is not further extended by the carrier;

(vi) occurs as a result of a carrier's right to

refuse service to a customer as provided in Commission

rules; or

(vii) occurs as a result of a lack of facilities

where a customer requests service at a geographically

remote location, a customer requests service in a

geographic area where the carrier is not currently

offering service, or there are insufficient facilities

to meet the customer's request for service, subject to

a carrier's obligation for reasonable facilities

planning.

(7) The provisions of this subsection are cumulative

and shall not in any way diminish or replace other civil or

administrative remedies available to a customer or a class

of customers.

(f) The rules shall require each telecommunications

carrier to provide to the Commission, on a quarterly basis and

in a form suitable for posting on the Commission's website, a

public report that includes performance data for basic local

exchange service quality of service. The performance data shall

be disaggregated for each geographic area and each customer

class of the State for which the telecommunications carrier

internally monitored performance data as of a date 120 days

preceding the effective date of this amendatory Act of the 92nd

General Assembly. The report shall include, at a minimum,

performance data on basic local exchange service

installations, lines out of service for more than 30 hours,

carrier response to customer calls, trouble reports, and missed

repair and installation commitments.

(g) The Commission shall establish and implement carrier to

carrier wholesale service quality rules and establish remedies

to ensure enforcement of the rules.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-713)

Sec. 13-713. Consumer complaint resolution process.

(a) It is the intent of the General Assembly that consumer

complaints against telecommunications carriers shall be

concluded as expeditiously as possible consistent with the

rights of the parties thereto to the due process of law and

protection of the public interest.

(b) The Commission shall promulgate rules that permit

parties to resolve disputes through mediation. A consumer may

request mediation upon completion of the Commission's informal

complaint process and prior to the initiation of a formal

complaint as described in Commission rules.

(c) A residential consumer or business consumer with fewer

than 20 lines shall have the right to request mediation for

resolution of a dispute with a telecommunications carrier. The

carrier shall be required to participate in mediation at the

consumer's request.

(d) The Commission may retain the services of an

independent neutral mediator or trained Commission staff to

facilitate resolution of the consumer dispute. The mediation

process must be completed no later than 45 days after the

consumer requests mediation.

(e) If the parties reach agreement, the agreement shall be

reduced to writing at the conclusion of the mediation. The

writing shall contain mutual conditions, payment arrangements,

or other terms that resolve the dispute in its entirety. If the

parties are unable to reach agreement or after 45 days,

whichever occurs first, the consumer may file a formal

complaint with the Commission as described in Commission rules.

(f) If either the consumer or the carrier fails to abide by

the terms of the settlement agreement, either party may

exercise any rights it may have as specified in the terms of

the agreement or as provided in Commission rules.

(g) All notes, writings and settlement discussions related

to the mediation shall be exempt from discovery and shall be

inadmissible in any agency or court proceeding.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)

Sec. 13-801. Incumbent local exchange carrier obligations.

(a) This Section provides additional State requirements

contemplated by, but not inconsistent with, Section 261(c) of

the federal Telecommunications Act of 1996, and not preempted

by orders of the Federal Communications Commission. A

telecommunications carrier not subject to regulation under an

alternative regulation plan pursuant to Section 13-506.1 of

this Act shall not be subject to the provisions of this

Section, to the extent that this Section imposes requirements

or obligations upon the telecommunications carrier that exceed

or are more stringent than those obligations imposed by Section

251 of the federal Telecommunications Act of 1996 and

regulations promulgated thereunder.

An incumbent local exchange carrier shall provide a

requesting telecommunications carrier with interconnection,

collocation, network elements, and access to operations

support systems on just, reasonable, and nondiscriminatory

rates, terms, and conditions to enable the provision of any and

all existing and new telecommunications services within the

LATA, including, but not limited to, local exchange and

exchange access. The Commission shall require the incumbent

local exchange carrier to provide interconnection,

collocation, and network elements in any manner technically

feasible to the fullest extent possible to implement the

maximum development of competitive telecommunications services

offerings. As used in this Section, to the extent that

interconnection, collocation, or network elements have been

deployed for or by the incumbent local exchange carrier or one

of its wireline local exchange affiliates in any jurisdiction,

it shall be presumed that such is technically feasible in

Illinois.

(b) Interconnection.

(1) An incumbent local exchange carrier shall provide

for the facilities and equipment of any requesting

telecommunications carrier's interconnection with the

incumbent local exchange carrier's network on just,

reasonable, and nondiscriminatory rates, terms, and

conditions:

(A) for the transmission and routing of local

exchange, and exchange access telecommunications

services;

(B) at any technically feasible point within the

incumbent local exchange carrier's network; however,

the incumbent local exchange carrier may not require

the requesting carrier to interconnect at more than one

technically feasible point within a LATA; and

(C) that is at least equal in quality and

functionality to that provided by the incumbent local

exchange carrier to itself or to any subsidiary,

affiliate, or any other party to which the incumbent

local exchange carrier provides interconnection.

(2) An incumbent local exchange carrier shall make

available to any requesting telecommunications carrier, to

the extent technically feasible, those services,

facilities, or interconnection agreements or arrangements

that the incumbent local exchange carrier or any of its

incumbent local exchange subsidiaries or affiliates offers

in another state under the terms and conditions, but not

the stated rates, negotiated pursuant to Section 252 of the

federal Telecommunications Act of 1996. Rates shall be

established in accordance with the requirements of

subsection (g) of this Section. An incumbent local exchange

carrier shall also make available to any requesting

telecommunications carrier, to the extent technically

feasible, and subject to the unbundling provisions of

Section 251(d)(2) of the federal Telecommunications Act of

1996, those unbundled network element or interconnection

agreements or arrangements that a local exchange carrier

affiliate of the incumbent local exchange carrier obtains

in another state from the incumbent local exchange carrier

in that state, under the terms and conditions, but not the

stated rates, obtained through negotiation, or through an

arbitration initiated by the affiliate, pursuant to

Section 252 of the federal Telecommunications Act of 1996.

Rates shall be established in accordance with the

requirements of subsection (g) of this Section.

(c) Collocation. An incumbent local exchange carrier shall

provide for physical or virtual collocation of any type of

equipment for interconnection or access to network elements at

the premises of the incumbent local exchange carrier on just,

reasonable, and nondiscriminatory rates, terms, and

conditions. The equipment shall include, but is not limited to,

optical transmission equipment, multiplexers, remote switching

modules, and cross-connects between the facilities or

equipment of other collocated carriers. The equipment shall

also include microwave transmission facilities on the exterior

and interior of the incumbent local exchange carrier's premises

used for interconnection to, or for access to network elements

of, the incumbent local exchange carrier or a collocated

carrier, unless the incumbent local exchange carrier

demonstrates to the Commission that it is not practical due to

technical reasons or space limitations. An incumbent local

exchange carrier shall allow, and provide for, the most

reasonably direct and efficient cross-connects, that are

consistent with safety and network reliability standards,

between the facilities of collocated carriers. An incumbent

local exchange carrier shall also allow, and provide for, cross

connects between a noncollocated telecommunications carrier's

network elements platform, or a noncollocated

telecommunications carrier's transport facilities, and the

facilities of any collocated carrier, consistent with safety

and network reliability standards.

(d) Network elements. The incumbent local exchange carrier

shall provide to any requesting telecommunications carrier,

for the provision of an existing or a new telecommunications

service, nondiscriminatory access to network elements on any

unbundled or bundled basis, as requested, at any technically

feasible point on just, reasonable, and nondiscriminatory

rates, terms, and conditions.

(1) An incumbent local exchange carrier shall provide

unbundled network elements in a manner that allows

requesting telecommunications carriers to combine those

network elements to provide a telecommunications service.

(2) An incumbent local exchange carrier shall not

separate network elements that are currently combined,

except at the explicit direction of the requesting carrier.

(3) Upon request, an incumbent local exchange carrier

shall combine any sequence of unbundled network elements

that it ordinarily combines for itself, including but not

limited to, unbundled network elements identified in The

Draft of the Proposed Ameritech Illinois 271 Amendment

(I2A) found in Schedule SJA-4 attached to Exhibit 3.1 filed

by Illinois Bell Telephone Company on or about March 28,

2001 with the Illinois Commerce Commission under Illinois

Commerce Commission Docket Number 00-0700. The Commission

shall determine those network elements the incumbent local

exchange carrier ordinarily combines for itself if there is

a dispute between the incumbent local exchange carrier and

the requesting telecommunications carrier under this

subdivision of this Section of this Act.

The incumbent local exchange carrier shall be entitled

to recover from the requesting telecommunications carrier

any just and reasonable special construction costs

incurred in combining such unbundled network elements (i)

if such costs are not already included in the established

price of providing the network elements, (ii) if the

incumbent local exchange carrier charges such costs to its

retail telecommunications end users, and (iii) if fully

disclosed in advance to the requesting telecommunications

carrier. The Commission shall determine whether the

incumbent local exchange carrier is entitled to any special

construction costs if there is a dispute between the

incumbent local exchange carrier and the requesting

telecommunications carrier under this subdivision of this

Section of this Act.

(4) A telecommunications carrier may use a network

elements platform consisting solely of combined network

elements of the incumbent local exchange carrier to provide

end to end telecommunications service for the provision of

existing and new local exchange, interexchange that

includes local, local toll, and intraLATA toll, and

exchange access telecommunications services within the

LATA to its end users or payphone service providers without

the requesting telecommunications carrier's provision or

use of any other facilities or functionalities.

(5) The Commission shall establish maximum time

periods for the incumbent local exchange carrier's

provision of network elements. The maximum time period

shall be no longer than the time period for the incumbent

local exchange carrier's provision of comparable retail

telecommunications services utilizing those network

elements. The Commission may establish a maximum time

period for a particular network element that is shorter

than for a comparable retail telecommunications service

offered by the incumbent local exchange carrier if a

requesting telecommunications carrier establishes that it

shall perform other functions or activities after receipt

of the particular network element to provide

telecommunications services to end users. The burden of

proof for establishing a maximum time period for a

particular network element that is shorter than for a

comparable retail telecommunications service offered by

the incumbent local exchange carrier shall be on the

requesting telecommunications carrier. Notwithstanding any

other provision of this Article, unless and until the

Commission establishes by rule or order a different

specific maximum time interval, the maximum time intervals

shall not exceed 5 business days for the provision of

unbundled loops, both digital and analog, 10 business days

for the conditioning of unbundled loops or for existing

combinations of network elements for an end user that has

existing local exchange telecommunications service, and

one business day for the provision of the high frequency

portion of the loop (line-sharing) for at least 95% of the

requests of each requesting telecommunications carrier for

each month.

In measuring the incumbent local exchange carrier's

actual performance, the Commission shall ensure that

occurrences beyond the control of the incumbent local

exchange carrier that adversely affect the incumbent local

exchange carrier's performance are excluded when

determining actual performance levels. Such occurrences

shall be determined by the Commission, but at a minimum

must include work stoppage or other labor actions and acts

of war. Exclusions shall also be made for performance that

is governed by agreements approved by the Commission and

containing timeframes for the same or similar measures or

for when a requesting telecommunications carrier requests

a longer time interval.

(6) When a telecommunications carrier requests a

network elements platform referred to in subdivision

(d)(4) of this Section, without the need for field work

outside of the central office, for an end user that has

existing local exchange telecommunications service

provided by an incumbent local exchange carrier, or by

another telecommunications carrier through the incumbent

local exchange carrier's network elements platform, unless

otherwise agreed by the telecommunications carriers, the

incumbent local exchange carrier shall provide the

requesting telecommunications carrier with the requested

network elements platform within 3 business days for at

least 95% of the requests for each requesting

telecommunications carrier for each month. A requesting

telecommunications carrier may order the network elements

platform as is for an end user that has such existing local

exchange service without changing any of the features

previously selected by the end user. The incumbent local

exchange carrier shall provide the requested network

elements platform without any disruption to the end user's

services.

Absent a contrary agreement between the

telecommunications carriers entered into after the

effective date of this amendatory Act of the 92nd General

Assembly, as of 12:01 a.m. on the third business day after

placing the order for a network elements platform, the

requesting telecommunications carrier shall be the

presubscribed primary local exchange carrier for that end

user line and shall be entitled to receive, or to direct

the disposition of, all revenues for all services utilizing

the network elements in the platform, unless it is

established that the end user of the existing local

exchange service did not authorize the requesting

telecommunications carrier to make the request.

(e) Operations support systems. The Commission shall

establish minimum standards with just, reasonable, and

nondiscriminatory rates, terms, and conditions for the

preordering, ordering, provisioning, maintenance and repair,

and billing functions of the incumbent local exchange carrier's

operations support systems provided to other

telecommunications carriers.

(f) Resale. An incumbent local exchange carrier shall offer

all retail telecommunications services, that the incumbent

local exchange carrier provides at retail to subscribers who

are not telecommunications carriers, within the LATA, together

with each applicable optional feature or functionality,

subject to resale at wholesale rates without imposing any

unreasonable or discriminatory conditions or limitations.

Wholesale rates shall be based on the retail rates charged to

end users for the telecommunications service requested,

excluding the portion thereof attributable to any marketing,

billing, collection, and other costs avoided by the local

exchange carrier. The Commission may determine under Article IX

of this Act that certain noncompetitive services, together with

each applicable optional feature or functionality, that are

offered to residence customers under different rates, charges,

terms, or conditions than to other customers should not be

subject to resale under the rates, charges, terms, or

conditions available only to residence customers.

(g) Cost based rates. Interconnection, collocation,

network elements, and operations support systems shall be

provided by the incumbent local exchange carrier to requesting

telecommunications carriers at cost based rates. The immediate

implementation and provisioning of interconnection,

collocation, network elements, and operations support systems

shall not be delayed due to any lack of determination by the

Commission as to the cost based rates. When cost based rates

have not been established, within 30 days after the filing of a

petition for the setting of interim rates, or after the

Commission's own motion, the Commission shall provide for

interim rates that shall remain in full force and effect until

the cost based rate determination is made, or the interim rate

is modified, by the Commission.

(h) Rural exemption. This Section does not apply to certain

rural telephone companies as described in 47 U.S.C. 251(f).

(i) Schedule of rates. A telecommunications carrier may

request the incumbent local exchange carrier to provide a

schedule of rates listing each of the rate elements of the

incumbent local exchange carrier that pertains to a proposed

order identified by the requesting telecommunications carrier

for any of the matters covered in this Section. The incumbent

local exchange carrier shall deliver the requested schedule of

rates to the requesting telecommunications carrier within 2

business days for 95% of the requests for each requesting

carrier

(j) Special access circuits. Other than as provided in

subdivision (d)(4) of this Section for the network elements

platform described in that subdivision, nothing in this

amendatory Act of the 92nd General Assembly is intended to

require or prohibit the substitution of switched or special

access services by or with a combination of network elements

nor address the Illinois Commerce Commission's jurisdiction or

authority in this area.

(k) The Commission shall determine any matters in dispute

between the incumbent local exchange carrier and the requesting

carrier pursuant to Section 13-515 of this Act.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-802.1)

Sec. 13-802.1. Depreciation; examination and audit;

agreement conditions; federal Telecommunications Act of 1996.

(a) In performing any cost analysis authorized pursuant to

this Act, the Commission may ascertain and determine and by

order fix the proper and adequate rate of depreciation of the

property for a telecommunications carrier for the purpose of

such cost analysis.

(b) The Commission may provide for the examination and

audit of all accounts. Items subject to the Commission's

regulatory requirements shall be so allocated in the manner

prescribed by the Commission. The officers and employees of the

Commission shall have the authority under the direction of the

Commission to inspect and examine any and all books, accounts,

papers, records, and memoranda kept by the telecommunications

carrier.

(c) The Commission is authorized to adopt rules and

regulations concerning the conditions to be contained in and

become a part of contracts for noncompetitive

telecommunications services in a manner consistent with this

Act and federal law.

(d) The Commission shall have the authority to, and shall

engage in, all state regulatory actions needed to implement and

enforce the federal Telecommunications Act of 1996 consistent

with federal law, including, but not limited to, the

negotiation, arbitration, implementation, resolution of

disputes and enforcement of interconnection agreements arising

under Sections 251 and 252 of the federal Telecommunications

Act of 1996.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-804)

Sec. 13-804. Broadband investment. Increased investment

into broadband infrastructure is critical to the economic

development of this State and a key component to the retention

of existing jobs and the creation of new jobs. The removal of

regulatory uncertainty will attract greater private-sector

investment in broadband infrastructure. Notwithstanding other

provisions of this Article:

(A) the Commission shall have the authority to certify

providers of wireless services, including, but not limited

to, private radio service, public mobile service, or

commercial mobile service, as those terms are defined in 47

U.S.C. 332 on the effective date of this amendatory Act of

the 96th General Assembly or as amended thereafter, to

provide telecommunications services in Illinois;

(B) the Commission shall have the authority to certify

providers of wireless services, including, but not limited

to, private radio service, public mobile service, or

commercial mobile service, as those terms are defined in 47

U.S.C. 332 on the effective date of this amendatory Act of

the 96th General Assembly or as amended thereafter, as

eligible telecommunications carriers in Illinois, as that

term has the meaning prescribed in 47 U.S.C. 214 on the

effective date of this amendatory Act of the 96th General

Assembly or as amended thereafter;

(C) the Commission shall have the authority to register

providers of fixed or non-nomadic Interconnected VoIP

service as Interconnected VoIP service providers in

Illinois in accordance with Section 401.1 of this Article;

(D) the Commission shall have the authority to require

providers of Interconnected VoIP service to participate in

hearing and speech disability programs; and

(E) the Commission shall have the authority to access

information provided to the non-profit organization under

Section 20 of the High Speed Internet Services and

Information Technology Act, provided the Commission enters

into a proprietary and confidentiality agreement governing

such information.

Except to the extent expressly permitted by and consistent

with federal law, the regulations of the Federal Communications

Commission, this Article, Article XXI or XXII of this Act, or

this amendatory Act of the 96th General Assembly, the

Commission shall not regulate the rates, terms, conditions,

quality of service, availability, classification, or any other

aspect of service regarding (i) broadband services, (ii)

Interconnected VoIP services, (iii) information services, as

defined in 47 U.S.C. 153(20) on the effective date of this

amendatory Act of the 96th General Assembly or as amended

thereafter, or (iv) wireless services, including, but not

limited to, private radio service, public mobile service, or

commercial mobile service, as those terms are defined in 47

U.S.C. 332 on the effective date of this amendatory Act of the

96th General Assembly or as amended thereafter.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-900)

Sec. 13-900. Authority to serve as 9-1-1 system provider;

rules.

(a) The General Assembly finds that it is necessary to

require the certification of 9-1-1 system providers to ensure

the safety of the lives and property of Illinoisans and

Illinois businesses, and to otherwise protect and promote the

public safety, health, and welfare of the citizens of this

State and their property.

(b) For purposes of this Section:

"9-1-1 system" has the same meaning as that term is

defined in Section 2.19 of the Emergency Telephone System

Act.

"9-1-1 system provider" means any person, corporation,

limited liability company, partnership, sole

proprietorship, or entity of any description whatever that

acts as a system provider within the meaning of Section

2.18 of the Emergency Telephone System Act.

"Emergency Telephone System Board" has the same

meaning as that term is defined in Sections 2.11 and 15.4

of the Emergency Telephone System Act.

"Public safety agency personnel" means personnel

employed by a public safety agency, as that term is defined

in Section 2.02 of the Emergency Telephone System Act,

whose responsibilities include responding to requests for

emergency services.

(c) Except as otherwise provided in this Section, beginning

July 1, 2010, it is unlawful for any 9-1-1 system provider to

offer or provide or seek to offer or provide to any emergency

telephone system board or 9-1-1 system, or agent,

representative, or designee thereof, any network and database

service used or intended to be used by any emergency telephone

system board or 9-1-1 system for the purpose of answering,

transferring, or relaying requests for emergency services, or

dispatching public safety agency personnel in response to

requests for emergency services, unless the 9-1-1 system

provider has applied for and received a Certificate of 9-1-1

System Provider Authority from the Commission. The Commission

shall approve an application for a Certificate of 9-1-1 System

Provider Authority upon a showing by the applicant, and a

finding by the Commission, after notice and hearing, that the

applicant possesses sufficient technical, financial, and

managerial resources and abilities to provide network service

and database services that it seeks authority to provide in its

application for service authority, in a safe, continuous, and

uninterrupted manner.

(d) No incumbent local exchange carrier that provides, as

of the effective date of this amendatory Act of the 96th

General Assembly, any 9-1-1 network and 9-1-1 database service

used or intended to be used by any Emergency Telephone System

Board or 9-1-1 system, shall be required to obtain a

Certificate of 9-1-1 System Provider Authority under this

Section. No entity that possesses, as of the effective date of

this amendatory Act of the 96th General Assembly, a Certificate

of Service Authority and provides 9-1-1 network and 9-1-1

database services to any incumbent local exchange carrier as of

the effective date of this amendatory Act of the 96th General

Assembly shall be required to obtain a Certificate of 9-1-1

System Provider Authority under this Section.

(e) Any and all enforcement authority granted to the

Commission under this Section shall apply exclusively to 9-1-1

system providers granted a Certificate of Service Authority

under this Section and shall not apply to incumbent local

exchange carriers that are providing 9-1-1 service as of the

effective date of this amendatory Act of the 96th General

Assembly.

(Source: P.A. 96-25, eff. 6-30-09.)

(220 ILCS 5/13-900.1)

Sec. 13-900.1. Authority over 9-1-1 rates and terms of

service. Notwithstanding any other provision of this Article,

the Commission retains its full authority over the rates and

service quality as they apply to 9-1-1 system providers,

including the Commission's existing authority over

interconnection with 9-1-1 system providers and 9-1-1 systems.

The rates, terms, and conditions for 9-1-1 service shall be

tariffed and shall be provided in the manner prescribed by this

Act and shall be subject to the applicable laws, including

rules or regulations adopted and orders issued by the

Commission or the Federal Communications Commission. The

Commission retains this full authority regardless of the

technologies utilized or deployed by 9-1-1 system providers.

(Source: P.A. 96-927, eff. 6-15-10; 97-333, eff. 8-12-11.)

(220 ILCS 5/13-900.2)

Sec. 13-900.2. Access services.

(a) This Section shall apply to switched access rates

charged by all carriers other than Electing Providers whose

switched access rates are governed by subsection (g) of Section

13-506.2 of this Act.

(b) Except as otherwise provided in subsection (c) of this

Section, the rates of any telecommunications carrier,

including, but not limited to, competitive local exchange

carriers, providing intrastate switched access service shall

be reduced to rates no higher than the carrier's rates for

interstate switched access service as follows:

(1) by January 1, 2011, each telecommunications

carrier must reduce its intrastate switched access rates by

an amount equal to 50% of the difference between its then

current intrastate switched access rates and its then

current interstate switched access rates;

(2) by January 1, 2012, each telecommunications

carrier must further reduce its intrastate switched access

rates by an amount equal to 50% of the difference between

its then current intrastate switched access rates and its

then current interstate switched access rates;

(3) by July 1, 2012, each telecommunications carrier

must reduce its intrastate switched access rates to mirror

its then current interstate switched access rates and rate

structure.

Following 24 months after the effective date of this

amendatory Act of the 96th General Assembly, each

telecommunications carrier must continue to set its intrastate

switched access rates to mirror its interstate switched access

rates and rate structure. For purposes of this Section, the

rate for intrastate switched access service means the

composite, per-minute rate for that service, including all

applicable fixed and traffic-sensitive charges, including, but

not limited to, carrier common line charges.

(c) Subsection (b) of this Section shall not apply to

incumbent local exchange carriers serving 35,000 or fewer

access lines.

(d) Nothing in subsection (b) of this Section prohibits a

telecommunications carrier from electing to offer intrastate

switched access service at rates lower than its interstate

rates.

(e) The Commission shall have no authority to order a

telecommunications carrier to set its rates for intrastate

switched access at a level lower than its interstate switched

access rates.

(Source: P.A. 96-927, eff. 6-15-10.)

(220 ILCS 5/13-900.3)

Sec. 13-900.3. Regulatory flexibility for 9-1-1 system

providers.

(a) For purposes of this Section, "Regional Pilot Project"

to implement next generation 9-1-1 has the same meaning as that

term is defined in Section 2.22 of the Emergency Telephone

System Act.

(b) For the limited purpose of a Regional Pilot Project to

implement next generation 9-1-1, as defined in Section 13-900

of this Article, the Commission may forbear from applying any

rule or provision of Section 13-900 as it applies to

implementation of the Regional Pilot Project to implement next

generation 9-1-1 if the Commission determines, after notice and

hearing, that: (1) enforcement of the rule is not necessary to

ensure the development and improvement of emergency

communication procedures and facilities in such a manner as to

be able to quickly respond to any person requesting 9-1-1

services from police, fire, medical, rescue, and other

emergency services; (2) enforcement of the rule or provision is

not necessary for the protection of consumers; and (3)

forbearance from applying such provisions or rules is

consistent with the public interest. The Commission may

exercise such forbearance with respect to one, and only one,

Regional Pilot Project as authorized by Sections 10 and 11 of

the Emergency Telephone Systems Act to implement next

generation 9-1-1.

(Source: P.A. 96-1443, eff. 8-20-10; 97-333, eff. 8-12-11.)

(220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)

Sec. 13-901. Operator Service Provider.

(a) For the purposes of this Section:

(1) "Operator service provider" means every

telecommunications carrier that provides operator services

or any other person or entity that the Commission

determines is providing operator services.

(2) "Aggregator" means any person or entity that is not

an operator service provider and that in the ordinary

course of its operations makes telephones available to the

public or to transient users of its premises including, but

not limited to, a hotel, motel, hospital, or university for

telephone calls between points within this State that are

specified by the user using an operator service provider.

(3) "Operator services" means any telecommunications

service that includes, as a component, any automatic or

live assistance to a consumer to arrange for billing or

completion, or both, of a telephone call between points

within this State that are specified by the user through a

method other than:

(A) automatic completion with billing to the

telephone from which the call originated;

(B) completion through an access code or a

proprietory account number used by the consumer, with

billing to an account previously established with the

carrier by the consumer; or

(C) completion in association with directory

assistance services.

(b) The Commission shall, by rule or order, adopt and

enforce operating requirements for the provision of

operator-assisted services. The rules shall apply to operator

service providers and to aggregators. The rules shall be

compatible with the rules adopted by the Federal Communications

Commission under the federal Telephone Operator Consumer

Services Improvement Act of 1990. These requirements shall

address, but not necessarily be limited to, the following:

(1) oral and written notification of the identity of

the operator service provider and the availability of

information regarding operator service provider rates,

collection methods, and complaint resolution methods;

(2) restrictions on billing and charges for operator

services;

(3) restrictions on "call splashing" as that term is

defined in 47 C.F.R. Section 64.708;

(4) access to other telecommunications carriers by the

use of access codes including, but not limited to 800, 888,

950, and 10XXX numbers;

(5) the appropriate routing and handling of emergency

calls;

(6) the enforcement of these rules through tariffs for

operator services and by a requirement that operator

service providers withhold payment of compensation to

aggregators that have been found to be noncomplying by the

Commission.

(c) The Commission shall adopt any rule necessary to make

rules previously adopted under this Section compatible with the

rules of the Federal Communications Commission no later than

one year after the effective date of this amendatory Act of

1993.

(d) A violation of any rule adopted by the Commission under

subsection (b) is a business offense subject to a fine of not

less than $1,000 nor more than $5,000. In addition, the

Commission may, after notice and hearing, order any

telecommunications carrier to terminate service to any

aggregator found to have violated any rule.

(Source: P.A. 90-38, eff. 6-27-97; 91-49, eff. 6-30-99.)

(220 ILCS 5/13-902)

Sec. 13-902. Authorization and verification of a

subscriber's change in telecommunications carrier.

(a) Definitions; scope.

(1) "Submitting carrier" means any telecommunications

carrier that requests on behalf of a subscriber that the

subscriber's telecommunications carrier be changed and

seeks to provide retail services to the end user

subscriber.

(2) "Executing carrier" means any telecommunications

carrier that effects a request that a subscriber's

telecommunications carrier be changed.

(3) "Authorized carrier" means any telecommunications

carrier that submits a change, on behalf of a subscriber,

in the subscriber's selection of a provider of

telecommunications service with the subscriber's

authorization verified in accordance with the procedures

specified in this Section.

(4) "Unauthorized carrier" means any

telecommunications carrier that submits a change, on

behalf of a subscriber, in the subscriber's selection of a

provider of telecommunications service but fails to obtain

the subscriber's authorization verified in accordance with

the procedures specified in this Section.

(5) "Unauthorized change" means a change in a

subscriber's selection of a provider of telecommunications

service that was made without authorization verified in

accordance with the verification procedures specified in

this Section.

(6) "Subscriber" means:

(A) the party identified in the account records of

a common carrier as responsible for payment of the

telephone bill;

(B) any adult person authorized by such party to

change telecommunications services or to charge

services to the account; or

(C) any person contractually or otherwise lawfully

authorized to represent such party.

This Section does not apply to retail business subscribers

served by more than 20 lines.

(b) Authorization from the subscriber. "Authorization"

means an express, affirmative act by a subscriber agreeing to

the change in the subscriber's telecommunications carrier to

another carrier. A subscriber's telecommunications service

shall be provided by the telecommunications carrier selected by

the subscriber.

(c) Authorization and verification of orders for

telecommunications service.

(1) No telecommunications carrier shall submit or

execute a change on behalf of a subscriber in the

subscriber's selection of a provider of telecommunications

service except in accordance with the procedures

prescribed in this subsection.

(2) No submitting carrier shall submit a change on the

behalf of a subscriber in the subscriber's selection of a

provider of telecommunications service prior to obtaining:

(A) authorization from the subscriber; and

(B) verification of that authorization in

accordance with the procedures prescribed in this

Section.

The submitting carrier shall maintain and preserve records

of verification of subscriber authorization for a minimum

period of 2 years after obtaining such verification.

(3) An executing carrier shall not verify the

submission of a change in a subscriber's selection of a

provider of telecommunications service received from a

submitting carrier. For an executing carrier, compliance

with the procedures described in this Section shall be

defined as prompt execution, without any unreasonable

delay, of changes that have been verified by a submitting

carrier.

(4) Commercial mobile radio services (CMRS) providers

shall be excluded from the verification requirements of

this Section as long as they are not required to provide

equal access to common carriers for the provision of

telephone toll services, in accordance with 47 U.S.C.

332(c)(8).

(5) Where a telecommunications carrier is selling more

than one type of telecommunications service (e.g., local

exchange, intraLATA/intrastate toll, interLATA/interstate

toll, and international toll), that carrier must obtain

separate authorization from the subscriber for each

service sold, although the authorizations may be made

within the same solicitation. Each authorization must be

verified separately from any other authorizations obtained

in the same solicitation. Each authorization must be

verified in accordance with the verification procedures

prescribed in this Section.

(6) No telecommunications carrier shall submit a

preferred carrier change order unless and until the order

has been confirmed in accordance with one of the following

procedures:

(A) The telecommunications carrier has obtained

the subscriber's written or electronically signed

authorization in a form that meets the requirements of

subsection (d).

(B) The telecommunications carrier has obtained

the subscriber's electronic authorization to submit

the preferred carrier change order. Such authorization

must be placed from the telephone number or numbers on

which the preferred carrier is to be changed and must

confirm the information in subsections (b) and (c) of

this Section. Telecommunications carriers electing to

confirm sales electronically shall establish one or

more toll-free telephone numbers exclusively for that

purpose. Calls to the toll-free telephone numbers must

connect a subscriber to a voice response unit, or

similar mechanism, that records the required

information regarding the preferred carrier change,

including automatically recording the originating

automatic number identification.

(C) An appropriately qualified independent third

party has obtained, in accordance with the procedures

set forth in paragraphs (7) through (10) of this

subsection, the subscriber's oral authorization to

submit the preferred carrier change order that

confirms and includes appropriate verification data.

The independent third party must not be owned, managed,

controlled, or directed by the carrier or the carrier's

marketing agent; must not have any financial incentive

to confirm preferred carrier change orders for the

carrier or the carrier's marketing agent; and must

operate in a location physically separate from the

carrier or the carrier's marketing agent.

(7) Methods of third party verification. Automated

third party verification systems and three-way conference

calls may be used for verification purposes so long as the

requirements of paragraphs (8) through (10) of this

subsection are satisfied.

(8) Carrier initiation of third party verification. A

carrier or a carrier's sales representative initiating a

three-way conference call or a call through an automated

verification system must drop off the call once the

three-way connection has been established.

(9) Requirements for content and format of third party

verification. All third party verification methods shall

elicit, at a minimum, the identity of the subscriber;

confirmation that the person on the call is authorized to

make the carrier change; confirmation that the person on

the call wants to make the carrier change; the names of the

carriers affected by the change; the telephone numbers to

be switched; and the types of service involved. Third party

verifiers may not market the carrier's services by

providing additional information, including information

regarding preferred carrier freeze procedures.

(10) Other requirements for third party verification.

All third party verifications shall be conducted in the

same language that was used in the underlying sales

transaction and shall be recorded in their entirety. In

accordance with the procedures set forth in paragraph

(2)(B) of this subsection, submitting carriers shall

maintain and preserve audio records of verification of

subscriber authorization for a minimum period of 2 years

after obtaining such verification. Automated systems must

provide consumers with an option to speak with a live

person at any time during the call.

(11) Telecommunications carriers must provide

subscribers the option of using one of the authorization

and verification procedures specified in paragraph (6) of

this subsection in addition to an electronically signed

authorization and verification procedure under paragraph

(6)(A) of this subsection.

(d) Letter of agency form and content.

(1) A telecommunications carrier may use a written or

electronically signed letter of agency to obtain

authorization or verification, or both, of a subscriber's

request to change his or her preferred carrier selection. A

letter of agency that does not conform with this Section is

invalid for purposes of this Section.

(2) The letter of agency shall be a separate document

(or an easily separable document) or located on a separate

screen or webpage containing only the authorizing language

described in paragraph (5) of this subsection having the

sole purpose of authorizing a telecommunications carrier

to initiate a preferred carrier change. The letter of

agency must be signed and dated by the subscriber to the

telephone line or lines requesting the preferred carrier

change.

(3) The letter of agency shall not be combined on the

same document, screen, or webpage with inducements of any

kind.

(4) Notwithstanding paragraphs (2) and (3) of this

subsection, the letter of agency may be combined with

checks that contain only the required letter of agency

language as prescribed in paragraph (5) of this subsection

and the necessary information to make the check a

negotiable instrument. The letter of agency check shall not

contain any promotional language or material. The letter of

agency check shall contain in easily readable, bold-face

type on the front of the check, a notice that the

subscriber is authorizing a preferred carrier change by

signing the check. The letter of agency language shall be

placed near the signature line on the back of the check.

(5) At a minimum, the letter of agency must be printed

with a type of sufficient size and readability to be

clearly legible and must contain clear and unambiguous

language that confirms:

(A) The subscriber's billing name and address and

each telephone number to be covered by the preferred

carrier change order;

(B) The decision to change the preferred carrier

from the current telecommunications carrier to the

soliciting telecommunications carrier;

(C) That the subscriber designates (insert the

name of the submitting carrier) to act as the

subscriber's agent for the preferred carrier change;

(D) That the subscriber understands that only one

telecommunications carrier may be designated as the

subscriber's interstate or interLATA preferred

interexchange carrier for any one telephone number. To

the extent that a jurisdiction allows the selection of

additional preferred carriers (e.g., local exchange,

intraLATA/intrastate toll, interLATA/interstate toll,

or international interexchange) the letter of agency

must contain separate statements regarding those

choices, although a separate letter of agency for each

choice is not necessary; and

(E) That the subscriber may consult with the

carrier as to whether a fee will apply to the change in

the subscriber's preferred carrier.

(6) Any carrier designated in a letter of agency as a

preferred carrier must be the carrier directly setting the

rates for the subscriber.

(7) Letters of agency shall not suggest or require that

a subscriber take some action in order to retain the

subscriber's current telecommunications carrier.

(8) If any portion of a letter of agency is translated

into another language then all portions of the letter of

agency must be translated into that language. Every letter

of agency must be translated into the same language as any

promotional materials, oral descriptions, or instructions

provided with the letter of agency.

(9) Letters of agency submitted with an electronically

signed authorization must include the consumer disclosures

required by Section 101(c) of the Electronic Signatures in

Global and National Commerce Act.

(10) A telecommunications carrier shall submit a

preferred carrier change order on behalf of a subscriber

within no more than 60 days after obtaining a written or

electronically signed letter of agency.

(11) If a telecommunications carrier uses a letter of

agency, the carrier shall send a letter to the subscriber

using first class mail, postage prepaid, no later than 10

days after the telecommunications carrier submitting the

change in the subscriber's telecommunications carrier is

on notice that the change has occurred. The letter must

inform the subscriber of the details of the

telecommunications carrier change and provide the

subscriber with a toll free number to call should the

subscriber wish to cancel the change.

(e) A switch in a subscriber's selection of a provider of

telecommunications service that complies with the rules

promulgated by the Federal Communications Commission and any

amendments thereto shall be deemed to be in compliance with the

provisions of this Section.

(f) The Commission shall promulgate any rules necessary to

administer this Section. The rules promulgated under this

Section shall comport with the rules, if any, promulgated by

the Attorney General pursuant to the Consumer Fraud and

Deceptive Business Practices Act and with any rules promulgated

by the Federal Communications Commission.

(g) Complaints may be filed with the Commission under this

Section by a subscriber whose telecommunications service has

been provided by an unauthorized telecommunications carrier as

a result of an unreasonable delay, by a subscriber whose

telecommunications carrier has been changed to another

telecommunications carrier in a manner not in compliance with

this Section, by a subscriber's authorized telecommunications

carrier that has been removed as a subscriber's

telecommunications carrier in a manner not in compliance with

this Section, by a subscriber's authorized submitting carrier

whose change order was delayed unreasonably, or by the

Commission on its own motion. Upon filing of the complaint, the

parties may mutually agree to submit the complaint to the

Commission's established mediation process. Remedies in the

mediation process may include, but shall not be limited to, the

remedies set forth in this subsection. In its discretion, the

Commission may deny the availability of the mediation process

and submit the complaint to hearings. If the complaint is not

submitted to mediation or if no agreement is reached during the

mediation process, hearings shall be held on the complaint. If,

after notice and hearing, the Commission finds that a

telecommunications carrier has violated this Section or a rule

promulgated under this Section, the Commission may in its

discretion do any one or more of the following:

(1) Require the violating telecommunications carrier

to refund to the subscriber all fees and charges collected

from the subscriber for services up to the time the

subscriber receives written notice of the fact that the

violating carrier is providing telecommunications service

to the subscriber, including notice on the subscriber's

bill. For unreasonable delays wherein telecommunications

service is provided by an unauthorized carrier, the

Commission may require the violating carrier to refund to

the subscriber all fees and charges collected from the

subscriber during the unreasonable delay. The Commission

may order the remedial action outlined in this subsection

only to the extent that the same remedial action is allowed

pursuant to rules or regulations promulgated by the Federal

Communications Commission.

(2) Require the violating telecommunications carrier

to refund to the subscriber charges collected in excess of

those that would have been charged by the subscriber's

authorized telecommunications carrier.

(3) Require the violating telecommunications carrier

to pay to the subscriber's authorized telecommunications

carrier the amount the authorized telecommunications

carrier would have collected for the telecommunications

service. The Commission is authorized to reduce this

payment by any amount already paid by the violating

telecommunications carrier to the subscriber's authorized

telecommunications carrier for those telecommunications

services.

(4) Require the violating telecommunications carrier

to pay a fine of up to $1,000 into the Public Utility Fund

for each repeated and intentional violation of this

Section.

(5) Issue a cease and desist order.

(6) For a pattern of violation of this Section or for

intentionally violating a cease and desist order, revoke

the violating telecommunications carrier's certificate of

service authority.

(Source: P.A. 92-22, eff. 6-30-01.)

(220 ILCS 5/13-903)

Sec. 13-903. Authorization, verification or notification,

and dispute resolution for covered product and service charges

on the telephone bill.

(a) Definitions. As used in this Section:

(1) "Subscriber" means a telecommunications carrier's

retail business customer served by not more than 20 lines

or a retail residential customer.

(2) "Telecommunications carrier" has the meaning given

in Section 13-202 of the Public Utilities Act and includes

agents and employees of a telecommunications carrier,

except that "telecommunications carrier" does not include

a provider of commercial mobile radio services (as defined

by 47 U.S.C. 332(d)(1)).

(b) Applicability of Section. This Section does not apply

to:

(1) changes in a subscriber's local exchange

telecommunications service or interexchange

telecommunications service;

(2) message telecommunications charges that are

initiated by dialing 1+, 0+, 0-, 1010XXX, or collect calls

and charges for video services if the service provider has

the necessary call detail record to establish the billing

for the call or service; and

(3) telecommunications services available on a

subscriber's line when the subscriber activates and pays

for the services on a per use basis.

(c) Requirements for billing authorized charges. A

telecommunications carrier shall meet all of the following

requirements before submitting charges for any product or

service to be billed on any subscriber's telephone bill:

(1) Inform the subscriber. The telecommunications

carrier offering the product or service must thoroughly

inform the subscriber of the product or service being

offered, including all associated charges, and explicitly

inform the subscriber that the associated charges for the

product or service will appear on the subscriber's

telephone bill.

(2) Obtain subscriber authorization. The subscriber

must have clearly and explicitly consented to obtaining the

product or service offered and to having the associated

charges appear on the subscriber's telephone bill. The

consent must be verified by the service provider in

accordance with subsection (d) of this Section. A record of

the consent must be maintained by the telecommunications

carrier offering the product or service for at least 24

months immediately after the consent and verification were

obtained.

(d) Verification or notification. Except in

subscriber-initiated transactions with a certificated

telecommunications carrier for which the telecommunications

carrier has the appropriate documentation, the

telecommunications carrier, after obtaining the subscriber's

authorization in the required manner, shall either verify the

authorization or notify the subscriber as follows:

(1) Independent third-party verification:

(A) Verification shall be obtained by an

independent third party that:

(i) operates from a facility physically

separate from that of the telecommunications

carrier;

(ii) is not directly or indirectly managed,

controlled, directed, or owned wholly or in part by

the telecommunications carrier or the carrier's

marketing agent; and

(iii) does not derive commissions or

compensation based upon the number of sales

confirmed.

(B) The third-party verification agent shall

state, and shall obtain the subscriber's

acknowledgment of, the following disclosures:

(i) the subscriber's name, address, and the

telephone numbers of all telephone lines that will

be charged for the product or service of the

telecommunications carrier;

(ii) that the person speaking to the third

party verification agent is in fact the

subscriber;

(iii) that the subscriber wishes to purchase

the product or service of the telecommunications

carrier and is agreeing to do so;

(iv) that the subscriber understands that the

charges for the product or service of the

telecommunications carrier will appear on the

subscriber's telephone bill; and

(v) the name and customer service telephone

number of the telecommunications carrier.

(C) The telecommunications carrier shall retain,

electronically or otherwise, proof of the verification

of sales for a minimum of 24 months.

(2) Notification. Written notification shall be

provided as follows:

(A) the telecommunications carrier shall mail a

letter to the subscriber using first class mail,

postage prepaid, no later than 10 days after initiation

of the product or service;

(B) the letter shall be a separate document sent

for the sole purpose of describing the product or

service of the telecommunications carrier;

(C) the letter shall be printed with 10-point or

larger type and clearly and conspicuously disclose the

material terms and conditions of the offer of the

telecommunications carrier, as described in paragraph

(1) of subsection (c);

(D) the letter shall contain a toll-free telephone

number the subscriber can call to cancel the product or

service;

(E) the telecommunications carrier shall retain,

electronically or otherwise, proof of written

notification for a minimum of 24 months; and

(F) written notification can be provided via

electronic mail if consumers are given the disclosures

required by Section 101(c) of the Electronic

Signatures in Global and National Commerce Act.

(e) Unauthorized charges.

(1) Responsibilities of the billing telecommunications

carrier for unauthorized charges. If a subscriber's

telephone bill is charged for any product or service

without proper subscriber authorization and verification

or notification of authorization in compliance with this

Section, the telecommunications carrier that billed the

subscriber, on its knowledge or notification of any

unauthorized charge, shall promptly, but not later than 45

days after the date of the knowledge or notification of an

unauthorized charge:

(A) notify the product or service provider to

immediately cease charging the subscriber for the

unauthorized product or service;

(B) remove the unauthorized charge from the

subscriber's bill; and

(C) refund or credit to the subscriber all money

that the subscriber has paid for any unauthorized

charge.

(f) The Commission shall promulgate any rules necessary to

ensure that subscribers are not billed on the telephone bill

for products or services in a manner not in compliance with

this Section. The rules promulgated under this Section shall

comport with the rules, if any, promulgated by the Attorney

General pursuant to the Consumer Fraud and Deceptive Business

Practices Act and with any rules promulgated by the Federal

Communications Commission or Federal Trade Commission.

(g) Complaints may be filed with the Commission under this

Section by a subscriber who has been billed on the telephone

bill for products or services not in compliance with this

Section or by the Commission on its own motion. Upon filing of

the complaint, the parties may mutually agree to submit the

complaint to the Commission's established mediation process.

Remedies in the mediation process may include, but shall not be

limited to, the remedies set forth in paragraphs (1) through

(4) of this subsection. In its discretion, the Commission may

deny the availability of the mediation process and submit the

complaint to hearings. If the complaint is not submitted to

mediation or if no agreement is reached during the mediation

process, hearings shall be held on the complaint pursuant to

Article X of this Act. If after notice and hearing, the

Commission finds that a telecommunications carrier has

violated this Section or a rule promulgated under this Section,

the Commission may in its discretion order any one or more of

the following:

(1) Require the violating telecommunications carrier

to pay a fine of up to $1,000 into the Public Utility Fund

for each repeated and intentional violation of this

Section.

(2) Require the violating carrier to refund or cancel

all charges for products or services not billed in

compliance with this Section.

(3) Issue a cease and desist order.

(4) For a pattern of violation of this Section or for

intentionally violating a cease and desist order, revoke

the violating telecommunications carrier's certificate of

service authority.

(Source: P.A. 98-756, eff. 7-16-14.)

(220 ILCS 5/13-904 new)

Sec. 13-904. Continuation of Article; validation.

(a) The General Assembly finds and declares that this

amendatory Act of the 100th General Assembly manifests the

intention of the General Assembly to extend the repeal of this

Article and have this Article continue in effect until December

31, 2020.

(b) This Article shall be deemed to have been in continuous

effect since July 1, 2017 and it shall continue to be in effect

henceforward until it is otherwise lawfully repealed. All

previously enacted amendments to this Article taking effect on

or after July 1, 2017, are hereby validated. All actions taken

in reliance on or under this Article by the Illinois Commerce

Commission or any other person or entity are hereby validated.

(c) In order to ensure the continuing effectiveness of this

Article, it is set forth in full and reenacted by this

amendatory Act of the 100th General Assembly. Striking and

underscoring are used only to show changes being made to the

base text. This reenactment is intended as a continuation of

this Article. It is not intended to supersede any amendment to

this Article that is enacted by the 100th General Assembly.

(220 ILCS 5/13-1200)

Sec. 13-1200. Repealer. This Article is repealed December

31, 2020 July 1, 2017.

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

(220 ILCS 5/Art. XXI heading)

ARTICLE XXI. CABLE AND VIDEO COMPETITION

(Source: P.A. 95-9, eff. 6-30-07.)

(220 ILCS 5/21-100)

Sec. 21-100. Short title. This Article may be cited as the

Cable and Video Competition Law of 2007.

(Source: P.A. 95-9, eff. 6-30-07.)

(220 ILCS 5/21-101)

Sec. 21-101. Findings. With respect to cable and video

competition, the General Assembly finds that:

(a) The economy in the State of Illinois will be

enhanced by investment in new communications, cable

services, and video services infrastructure, including

broadband facilities, fiber optic, and Internet protocol

technologies.

(b) Cable services and video services bring important

daily benefits to Illinois consumers by providing news,

education, and entertainment.

(c) Competitive cable service and video service

providers are capable of providing new video programming

services and competition to Illinois consumers and of

decreasing the prices for video programming services paid

by Illinois consumers.

(d) Although there has been some competitive entry into

the facilities-based video programming market since

current franchising requirements in this State were

enacted, further entry by facilities-based providers could

benefit consumers, provided cable and video services are

equitably available to all Illinois consumers at

reasonable prices.

(e) The provision of competitive cable services and

video services is a matter of statewide concern that

extends beyond the boundaries of individual local units of

government. Notwithstanding the foregoing, public

rights-of-way are limited resources over which the

municipality has a custodial duty to ensure that they are

used, repaired, and maintained in a manner that best serves

the public interest.

(f) The State authorization process and uniform

standards and procedures in this Article are intended to

enable rapid and widespread entry by competitive

providers, which will bring to Illinois consumers the

benefits of video competition, including providing

consumers with more choice, lower prices, higher speed and

more advanced Internet access, more diverse and varied

news, public information, education, and entertainment

programming, and will bring to this State and its local

units of government the benefits of new infrastructure

investment, job growth, and innovation in broadband and

Internet protocol technologies and deployment.

(g) Providing an incumbent cable or video service

provider with the option to secure a State-issued

authorization through the termination of existing cable

franchises between incumbent cable and video service

providers and any local franchising authority is part of

the new regulatory framework established by this Article.

This Article is intended to best ensure equal treatment and

parity among providers and technologies.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/21-101.1)

Sec. 21-101.1. Applicability. The provisions of Public Act

95-9 shall apply only to a holder of a cable service or video

service authorization issued by the Commission pursuant to this

Article, and shall not apply to any person or entity that

provides cable television services under a cable television

franchise issued by any municipality or county pursuant to

Section 11-42-11 of the Illinois Municipal Code (65 ILCS

5/11-42-11) or Section 5-1095 of the Counties Code (55 ILCS

5/5-1095), unless specifically provided for herein. A local

unit of government that has an existing agreement for the

provision of video services with a company or entity that uses

its telecommunications facilities to provide video service as

of May 30, 2007 may continue to operate under that agreement or

may, at its discretion, terminate the existing agreement and

require the video provider to obtain a State-issued

authorization under this Article.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/21-201)

Sec. 21-201. Definitions. As used in this Article:

(a) "Access" means that the cable or video provider is

capable of providing cable services or video services at the

household address using any technology, other than

direct-to-home satellite service, that provides 2-way

broadband Internet capability and video programming, content,

and functionality, regardless of whether any customer has

ordered service or whether the owner or landlord or other

responsible person has granted access to the household. If more

than one technology is used, the technologies shall provide

similar 2-way broadband Internet accessibility and similar

video programming.

(b) "Basic cable or video service" means any cable or video

service offering or tier that includes the retransmission of

local television broadcast signals.

(c) "Broadband service" means a high speed service

connection to the public Internet capable of supporting, in at

least one direction, a speed in excess of 200 kilobits per

second (kbps) to the network demarcation point at the

subscriber's premises.

(d) "Cable operator" means that term as defined in item (5)

of 47 U.S.C. 522.

(e) "Cable service" means that term as defined in item (6)

of 47 U.S.C. 522.

(f) "Cable system" means that term as defined in item (7)

of 47 U.S.C. 522.

(g) "Commission" means the Illinois Commerce Commission.

(h) "Competitive cable service or video service provider"

means a person or entity that is providing or seeks to provide

cable service or video service in an area where there is at

least one incumbent cable operator.

(i) "Designated market area" means a designated market

area, as determined by Nielsen Media Research and published in

the 1999-2000 Nielsen Station Index Directory and Nielsen

Station Index United States Television Household Estimates or

any successor publication. For any designated market area that

crosses State lines, only households in the portion of the

designated market area that is located within the holder's

telecommunications service area in the State where access to

video service will be offered shall be considered.

(j) "Footprint" means the geographic area designated by the

cable service or video service provider as the geographic area

in which it will offer cable services or video services during

the period of its State-issued authorization. Each footprint

shall be identified in terms of either (i) exchanges, as that

term is defined in Section 13-206 of this Act; (ii) a

collection of United States Census Bureau Block numbers (13

digit); (iii) if the area is smaller than the areas identified

in either (i) or (ii), by geographic information system digital

boundaries meeting or exceeding national map accuracy

standards; or (iv) local units of government.

(k) "Holder" means a person or entity that has received

authorization to offer or provide cable or video service from

the Commission pursuant to Section 21-401 of this Article.

(l) "Household" means a house, an apartment, a mobile home,

a group of rooms, or a single room that is intended for

occupancy as separate living quarters. Separate living

quarters are those in which the occupants live and eat

separately from any other persons in the building and that have

direct access from the outside of the building or through a

common hall. This definition is consistent with the United

States Census Bureau, as that definition may be amended

thereafter.

(m) "Incumbent cable operator" means a person or entity

that provided cable services or video services in a particular

area under a franchise agreement with a local unit of

government pursuant to Section 11-42-11 of the Illinois

Municipal Code (65 ILCS 5/11-42-11) or Section 5-1095 of the

Counties Code (55 ILCS 5/5-1095) on January 1, 2007.

(n) "Local franchising authority" means the local unit of

government that has or requires a franchise with a cable

operator, a provider of cable services, or a provider of video

services to construct or operate a cable or video system or to

offer cable services or video services under Section 11-42-11

of the Illinois Municipal Code (65 ILCS 5/11-42-11) or Section

5-1095 of the Counties Code (55 ILCS 5/5-1095).

(o) "Local unit of government" means a city, village,

incorporated town, or county.

(p) "Low-income household" means those residential

households located within the holder's existing telephone

service area where the average annual household income is less

than $35,000, based on the United States Census Bureau

estimates adjusted annually to reflect rates of change and

distribution.

(q) "Public rights-of-way" means the areas on, below, or

above a public roadway, highway, street, public sidewalk,

alley, waterway, or utility easements dedicated for compatible

uses.

(r) "Service" means the provision of cable service or video

service to subscribers and the interaction of subscribers with

the person or entity that has received authorization to offer

or provide cable or video service from the Commission pursuant

to Section 21-401 of this Act.

(s) "Service provider fee" means the amount paid under

Section 21-801 of this Act by the holder to a municipality, or

in the case of an unincorporated service area to a county, for

service areas within its territorial jurisdiction, but under no

circumstances shall the service provider fee be paid to more

than one local unit of government for the same portion of the

holder's service area.

(t) "Telecommunications service area" means the area

designated by the Commission as the area in which a

telecommunications company was obligated to provide

non-competitive local telephone service as of February 8, 1996

as incorporated into Section 13-202.5 of this Act.

(u) "Video programming" means that term as defined in item

(20) of 47 U.S.C. 522.

(v) "Video service" means video programming and subscriber

interaction, if any, that is required for the selection or use

of such video programming services, and that is provided

through wireline facilities located at least in part in the

public rights-of-way without regard to delivery technology,

including Internet protocol technology. This definition does

not include any video programming provided by a commercial

mobile service provider defined in subsection (d) of 47 U.S.C.

332 or any video programming provided solely as part of, and

via, service that enables users to access content, information,

electronic mail, or other services offered over the public

Internet.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/21-301)

Sec. 21-301. Eligibility.

(a) A person or entity seeking to provide cable service or

video service in this State after June 30, 2007 (the effective

date of Public Act 95-9) shall either (1) obtain a State-issued

authorization pursuant to Section 21-401 of the Public

Utilities Act (220 ILCS 5/21-401); (2) obtain authorization

pursuant to Section 11-42-11 of the Illinois Municipal Code (65

ILCS 5/11-42-11); or (3) obtain authorization pursuant to

Section 5-1095 of the Counties Code (55 ILCS 5/5-1095).

(b) An incumbent cable operator shall be eligible to apply

for a State-issued authorization as provided in subsection (c)

of this Section. Upon expiration of its current franchise

agreement, an incumbent cable operator may obtain State

authorization from the Commission pursuant to this Article or

may pursue a franchise renewal with the appropriate local

franchise authority under State and federal law. An incumbent

cable operator and any successor-in-interest that receives a

State-issued authorization shall be obligated to provide

access to cable services or video services within any local

unit of government at the same levels required by the local

franchising authorities for the local unit of government on

June 30, 2007 (the effective date of Public Act 95-9).

(c)(1) An incumbent cable operator may elect to terminate

its agreement with the local franchising authority and obtain a

State-issued authorization by providing written notice to the

Commission and the affected local franchising authority and any

entity authorized by that franchising authority to manage

public, education, and government access at least 180 days

prior to its filing an application for a State-issued

authorization. The existing agreement shall be terminated on

the date that the Commission issues the State-issued

authorization.

(2) An incumbent cable operator that elects to

terminate an existing agreement with a local franchising

authority under this Section is responsible for remitting

to the affected local franchising authority and any entity

designated by that local franchising authority to manage

public, education, and government access before the 46th

day after the date the agreement is terminated any accrued

but unpaid fees due under the terminated agreement. If that

incumbent cable operator has credit remaining from prepaid

franchise fees, such amount of the remaining credit may be

deducted from any future fees the incumbent cable operator

must pay to the local franchising authority pursuant to

subsection (b) of Section 21-801 of this Act.

(3) An incumbent cable operator that elects to

terminate an existing agreement with a local franchising

authority under this Section shall pay the affected local

franchising authority and any entity designated by that

franchising authority to manage public, education, and

government access, at the time that they would have been

due, all monetary payments for public, education, or

government access that would have been due during the

remaining term of the agreement had it not been terminated

as provided in this paragraph. All payments made by an

incumbent cable operator pursuant to the previous sentence

of this paragraph may be credited against the fees that

that operator owes under item (1) of subsection (d) of

Section 21-801 of this Act.

(d) For purposes of this Article, the Commission shall be

the franchising authority for cable service or video service

providers that apply for and obtain a State-issued

authorization under this Article with regard to the footprint

covered by such authorization. Notwithstanding any other

provision of this Article, holders using telecommunications

facilities to provide cable service or video service are not

obligated to provide that service outside the holder's

telecommunications service area.

(e) Any person or entity that applies for and obtains a

State-issued authorization under this Article shall not be

subject to Section 11-42-11 of the Illinois Municipal Code (65

ILCS 5/11-42-11) or Section 5-1095 of the Counties Code (55

ILCS 5/5-1095), except as provided in this Article. Except as

provided under this Article, neither the Commission nor any

local unit of government may require a person or entity that

has applied for and obtained a State-issued authorization to

obtain a separate franchise or pay any franchise fee on cable

service or video service.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/21-401)

Sec. 21-401. Applications.

(a)(1) A person or entity seeking to provide cable service

or video service pursuant to this Article shall not use the

public rights-of-way for the installation or construction of

facilities for the provision of cable service or video service

or offer cable service or video service until it has obtained a

State-issued authorization to offer or provide cable or video

service under this Section, except as provided for in item (2)

of this subsection (a). All cable or video providers offering

or providing service in this State shall have authorization

pursuant to either (i) the Cable and Video Competition Law of

2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the

Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section

5-1095 of the Counties Code (55 ILCS 5/5-1095).

(2) Nothing in this Section shall prohibit a local unit of

government from granting a permit to a person or entity for the

use of the public rights-of-way to install or construct

facilities to provide cable service or video service, at its

sole discretion. No unit of local government shall be liable

for denial or delay of a permit prior to the issuance of a

State-issued authorization.

(b) The application to the Commission for State-issued

authorization shall contain a completed affidavit submitted by

the applicant and signed by an officer or general partner of

the applicant affirming all of the following:

(1) That the applicant has filed or will timely file

with the Federal Communications Commission all forms

required by that agency in advance of offering cable

service or video service in this State.

(2) That the applicant agrees to comply with all

applicable federal and State statutes and regulations.

(3) That the applicant agrees to comply with all

applicable local unit of government regulations.

(4) An exact description of the cable service or video

service area where the cable service or video service will

be offered during the term of the State-issued

authorization. The service area shall be identified in

terms of either (i) exchanges, as that term is defined in

Section 13-206 of this Act; (ii) a collection of United

States Census Bureau Block numbers (13 digit); (iii) if the

area is smaller than the areas identified in either (i) or

(ii), by geographic information system digital boundaries

meeting or exceeding national map accuracy standards; or

(iv) local unit of government. The description shall

include the number of low-income households within the

service area or footprint. If an applicant is an incumbent

cable operator, the incumbent cable operator and any

successor-in-interest shall be obligated to provide access

to cable services or video services within any local units

of government at the same levels required by the local

franchising authorities for the local unit of government on

June 30, 2007 (the effective date of Public Act 95-9), and

its application shall provide a description of an area no

smaller than the service areas contained in its franchise

or franchises within the jurisdiction of the local unit of

government in which it seeks to offer cable or video

service.

(5) The location and telephone number of the

applicant's principal place of business within this State

and the names of the applicant's principal executive

officers who are responsible for communications concerning

the application and the services to be offered pursuant to

the application, the applicant's legal name, and any name

or names under which the applicant does or will provide

cable services or video services in this State.

(6) A certification that the applicant has

concurrently delivered a copy of the application to all

local units of government that include all or any part of

the service area identified in item (4) of this subsection

(b) within such local unit of government's jurisdictional

boundaries.

(7) The expected date that cable service or video

service will be initially offered in the area identified in

item (4) of this subsection (b). In the event that a holder

does not offer cable services or video services within 3

months after the expected date, it shall amend its

application and update the expected date service will be

offered and explain the delay in offering cable services or

video services.

(8) For any entity that received State-issued

authorization prior to this amendatory Act of the 98th

General Assembly as a cable operator and that intends to

proceed as a cable operator under this Article, the entity

shall file a written affidavit with the Commission and

shall serve a copy of the affidavit with any local units of

government affected by the authorization within 30 days

after the effective date of this amendatory Act of the 98th

General Assembly stating that the holder will be providing

cable service under the State-issued authorization.

The application shall include adequate assurance that the

applicant possesses the financial, managerial, legal, and

technical qualifications necessary to construct and operate

the proposed system, to promptly repair any damage to the

public right-of-way caused by the applicant, and to pay the

cost of removal of its facilities. To accomplish these

requirements, the applicant may, at the time the applicant

seeks to use the public rights-of-way in that jurisdiction, be

required by the State of Illinois or later be required by the

local unit of government, or both, to post a bond, produce a

certificate of insurance, or otherwise demonstrate its

financial responsibility.

The application shall include the applicant's general

standards related to customer service required by Section

22-501 of this Act, which shall include, but not be limited to,

installation, disconnection, service and repair obligations;

appointment hours; employee ID requirements; customer service

telephone numbers and hours; procedures for billing, charges,

deposits, refunds, and credits; procedures for termination of

service; notice of deletion of programming service and changes

related to transmission of programming or changes or increases

in rates; use and availability of parental control or lock-out

devices; complaint procedures and procedures for bill dispute

resolution and a description of the rights and remedies

available to consumers if the holder does not materially meet

their customer service standards; and special services for

customers with visual, hearing, or mobility disabilities.

(c)(1) The applicant may designate information that it

submits in its application or subsequent reports as

confidential or proprietary, provided that the applicant

states the reasons the confidential designation is necessary.

The Commission shall provide adequate protection for such

information pursuant to Section 4-404 of this Act. If the

Commission, a local unit of government, or any other party

seeks public disclosure of information designated as

confidential, the Commission shall consider the confidential

designation in a proceeding under the Illinois Administrative

Procedure Act, and the burden of proof to demonstrate that the

designated information is confidential shall be upon the

applicant. Designated information shall remain confidential

pending the Commission's determination of whether the

information is entitled to confidential treatment. Information

designated as confidential shall be provided to local units of

government for purposes of assessing compliance with this

Article as permitted under a Protective Order issued by the

Commission pursuant to the Commission's rules and to the

Attorney General pursuant to Section 6.5 of the Attorney

General Act (15 ILCS 205/6.5). Information designated as

confidential under this Section or determined to be

confidential upon Commission review shall only be disclosed

pursuant to a valid and enforceable subpoena or court order or

as required by the Freedom of Information Act. Nothing herein

shall delay the application approval timeframes set forth in

this Article.

(2) Information regarding the location of video services

that have been or are being offered to the public and aggregate

information included in the reports required by this Article

shall not be designated or treated as confidential.

(d)(1) The Commission shall post all applications it

receives under this Article on its web site within 5 business

days.

(2) The Commission shall notify an applicant for a cable

service or video service authorization whether the applicant's

application and affidavit are complete on or before the 15th

business day after the applicant submits the application. If

the application and affidavit are not complete, the Commission

shall state in its notice all of the reasons the application or

affidavit are incomplete, and the applicant shall resubmit a

complete application. The Commission shall have 30 days after

submission by the applicant of a complete application and

affidavit to issue the service authorization. If the Commission

does not notify the applicant regarding the completeness of the

application and affidavit or issue the service authorization

within the time periods required under this subsection, the

application and affidavit shall be considered complete and the

service authorization issued upon the expiration of the 30th

day.

(e) Any authorization issued by the Commission will expire

on December 31, 2023 2020 and shall contain or include all of

the following:

(1) A grant of authority, including an authorization

issued prior to this amendatory Act of the 98th General

Assembly, to provide cable service or video service in the

service area footprint as requested in the application,

subject to the provisions of this Article in existence on

the date the grant of authority was issued, and any

modifications to this Article enacted at any time prior to

the date in Section 21-1601 of this Act, and to the laws of

the State and the ordinances, rules, and regulations of the

local units of government.

(2) A grant of authority to use, occupy, and construct

facilities in the public rights-of-way for the delivery of

cable service or video service in the service area

footprint, subject to the laws, ordinances, rules, or

regulations of this State and local units of governments.

(3) A statement that the grant of authority is subject

to lawful operation of the cable service or video service

by the applicant, its affiliated entities, or its

successors-in-interest.

(e-5) The Commission shall notify a local unit of

government within 3 business days of the grant of any

authorization within a service area footprint if that

authorization includes any part of the local unit of

government's jurisdictional boundaries and state whether the

holder will be providing video service or cable service under

the authorization.

(f) The authorization issued pursuant to this Section by

the Commission may be transferred to any successor-in-interest

to the applicant to which it is initially granted without

further Commission action if the successor-in-interest (i)

submits an application and the information required by

subsection (b) of this Section for the successor-in-interest

and (ii) is not in violation of this Article or of any federal,

State, or local law, ordinance, rule, or regulation. A

successor-in-interest shall file its application and notice of

transfer with the Commission and the relevant local units of

government no less than 15 business days prior to the

completion of the transfer. The Commission is not required or

authorized to act upon the notice of transfer; however, the

transfer is not effective until the Commission approves the

successor-in-interest's application. A local unit of

government or the Attorney General may seek to bar a transfer

of ownership by filing suit in a court of competent

jurisdiction predicated on the existence of a material and

continuing breach of this Article by the holder, a pattern of

noncompliance with customer service standards by the potential

successor-in-interest, or the insolvency of the potential

successor-in-interest. If a transfer is made when there are

violations of this Article or of any federal, State, or local

law, ordinance, rule, or regulation, the successor-in-interest

shall be subject to 3 times the penalties provided for in this

Article.

(g) The authorization issued pursuant to this Section by

the Commission may be terminated, or its cable service or video

service area footprint may be modified, by the cable service

provider or video service provider by submitting notice to the

Commission and to the relevant local unit of government

containing a description of the change on the same terms as the

initial description pursuant to item (4) of subsection (b) of

this Section. The Commission is not required or authorized to

act upon that notice. It shall be a violation of this Article

for a holder to discriminate against potential residential

subscribers because of the race or income of the residents in

the local area in which the group resides by terminating or

modifying its cable service or video service area footprint. It

shall be a violation of this Article for a holder to terminate

or modify its cable service or video service area footprint if

it leaves an area with no cable service or video service from

any provider.

(h) The Commission's authority to administer this Article

is limited to the powers and duties explicitly provided under

this Article. Its authority under this Article does not include

or limit the powers and duties that the Commission has under

the other Articles of this Act, the Illinois Administrative

Procedure Act, or any other law or regulation to conduct

proceedings, other than as provided in subsection (c), or has

to promulgate rules or regulations. The Commission shall not

have the authority to limit or expand the obligations and

requirements provided in this Section or to regulate or control

a person or entity to the extent that person or entity is

providing cable service or video service, except as provided in

this Article.

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

eff. 6-29-15.)

(220 ILCS 5/21-601)

Sec. 21-601. Public, education, and government access. For

the purposes of this Section, "programming" means content

produced or provided by any person, group, governmental agency,

or noncommercial public or private agency or organization.

(a) Not later than 90 days after a request by the local

unit of government or its designee that has received notice

under subsection (a) of Section 21-801 of this Act, the holder

shall (i) designate the same amount of capacity on its network

to provide for public, education, and government access use as

the incumbent cable operator is required to designate under its

franchise terms in effect with a local unit of government on

January 1, 2007 and (ii) retransmit to its subscribers the same

number of public, education, and government access channels as

the incumbent cable operator was retransmitting to subscribers

on January 1, 2007.

(b) If the local unit of government produces or maintains

the public education or government programming in a manner or

form that is compatible with the holder's network, it shall

transmit such programming to the holder in that form provided

that form permits the holder to satisfy the requirements of

subsection (c) of this Section. If the local unit of government

does not produce or maintain such programming in that manner or

form, then the holder shall be responsible for any changes in

the form of the transmission necessary to make public,

education, and government programming compatible with the

technology or protocol used by the holder to deliver services.

The holder shall receive programming from the local unit of

government (or the local unit of government's public,

education, and government programming providers) and transmit

that public, education, and government programming directly to

the holder's subscribers within the local unit of government's

jurisdiction at no cost to the local unit of government or the

public, education, and government programming providers. If

the holder is required to change the form of the transmission,

the local unit of government or its designee shall provide

reasonable access to the holder to allow the holder to transmit

the public, education, and government programming in an

economical manner subject to the requirements of subsection (c)

of this Section.

(c) The holder shall provide to subscribers public,

education, and government access channel capacity at

equivalent visual and audio quality and equivalent

functionality, from the viewing perspective of the subscriber,

to that of commercial channels carried on the holder's basic

cable or video service offerings or tiers without the need for

any equipment other than the equipment necessary to receive the

holder's basic cable or video service offerings or tiers.

(d) The holder and an incumbent cable operator shall

negotiate in good faith to interconnect their networks, if

needed, for the purpose of providing public, education, and

government programming. Interconnection may be accomplished by

direct cable, microwave link, satellite, or other reasonable

method of connection. The holder and the incumbent cable

operator shall provide interconnection of the public,

education, and government channels on reasonable terms and

conditions and may not withhold the interconnection. If a

holder and an incumbent cable operator cannot reach a mutually

acceptable interconnection agreement, the local unit of

government may require the incumbent cable operator to allow

the holder to interconnect its network with the incumbent cable

operator's network at a technically feasible point on their

networks. If no technically feasible point for interconnection

is available, the holder and an incumbent cable operator shall

each make an interconnection available to the public,

education, and government channel originators at their local

origination points and shall provide the facilities necessary

for the interconnection. The cost of any interconnection shall

be borne by the holder unless otherwise agreed to by the

parties. The interconnection required by this subsection shall

be completed within the 90-day deadline set forth in subsection

(a) of this Section.

(e) The public, education, and government channels shall be

for the exclusive use of the local unit of government or its

designee to provide public, education, and government

programming. The public, education, and government channels

shall be used only for noncommercial purposes. However,

advertising, underwriting, or sponsorship recognition may be

carried on the channels for the purpose of funding public,

education, and government access related activities.

(f) Public, education, and government channels shall all be

carried on the holder's basic cable or video service offerings

or tiers. To the extent feasible, the public, education, and

government channels shall not be separated numerically from

other channels carried on the holder's basic cable or video

service offerings or tiers, and the channel numbers for the

public, education, and government channels shall be the same

channel numbers used by the incumbent cable operator, unless

prohibited by federal law. After the initial designation of

public, education, and government channel numbers, the channel

numbers shall not be changed without the agreement of the local

unit of government or the entity to which the local unit of

government has assigned responsibility for managing public,

education, and government access channels, unless the change is

required by federal law. Each channel shall be capable of

carrying a National Television System Committee (NTSC)

television signal.

(g) The holder shall provide a listing of public,

education, and government channels on channel cards and menus

provided to subscribers in a manner equivalent to other

channels if the holder uses such cards and menus. Further, the

holder shall provide a listing of public, education, and

government programming on its electronic program guide if such

a guide is utilized by the holder. It is the public, education,

and government entity's responsibility to provide the holder or

its designated agent, as determined by the holder, with program

schedules and information in a timely manner.

(h) If less than 3 public, education, and government

channels are provided within the local unit of government as of

January 1, 2007, a local unit of government whose jurisdiction

lies within the authorized service area of the holder may

initially request the holder to designate sufficient capacity

for up to 3 public, education, and government channels. A local

unit of government or its designee that seeks to add additional

capacity shall give the holder a written notification

specifying the number of additional channels to be used,

specifying the number of channels in actual use, and verifying

that the additional channels requested will be put into actual

use.

(i) The holder shall, within 90 days of a request by the

local unit of government or its designated public, education,

or government access entity, provide sufficient capacity for an

additional channel for public, education, and government

access when the programming on a given access channel exceeds

40 hours per week as measured on a quarterly basis. The

additional channel shall not be used for any purpose other than

for carrying additional public, education, or government

access programming.

(j) The public, education, and government access

programmer is solely responsible for the content that it

provides over designated public, education, or government

channels. A holder shall not exercise any editorial control

over any programming on any channel designed for public,

education, or government use or on any other channel required

by law or a binding agreement with the local unit of

government.

(k) A holder shall not be subject to any civil or criminal

liability for any program carried on any channel designated for

public, education, or government use.

(l) A court of competent jurisdiction shall have exclusive

jurisdiction to enforce any requirement under this Section or

resolve any dispute regarding the requirements set forth in

this Section, and no provider of cable service or video service

may be barred from providing service or be required to

terminate service as a result of that dispute or enforcement

action.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/21-701)

Sec. 21-701. Emergency alert system. The holder shall

comply with all applicable requirements of the Federal

Communications Commission involving the distribution and

notification of federal, State, and local emergency messages

over the emergency alert system applicable to cable operators.

The holder will provide a requesting local unit of government

with sufficient information regarding how to submit, via

telephone or web listing, a local emergency alert for

distribution over its cable or video network. To the extent

that a local unit of government requires incumbent cable

operators to provide emergency alert system messages or

services in excess of the requirements of this Section, the

holder shall comply with any such additional requirements

within the jurisdiction of the local franchising authority. The

holder may provide a local emergency alert to an area larger

than the boundaries of the local unit of government issuing the

emergency alert.

(Source: P.A. 95-9, eff. 6-30-07.)

(220 ILCS 5/21-801)

Sec. 21-801. Applicable fees payable to the local unit of

government.

(a) Prior to offering cable service or video service in a

local unit of government's jurisdiction, a holder shall notify

the local unit of government. The notice shall be given to the

local unit of government at least 10 days before the holder

begins to offer cable service or video service within the

boundaries of that local unit of government.

(b) In any local unit of government in which a holder

offers cable service or video service on a commercial basis,

the holder shall be liable for and pay the service provider fee

to the local unit of government. The local unit of government

shall adopt an ordinance imposing such a fee. The holder's

liability for the fee shall commence on the first day of the

calendar month that is at least 30 days after the holder

receives such ordinance. For any such ordinance adopted on or

after the effective date of this amendatory Act of the 99th

General Assembly, the holder's liability shall commence on the

first day of the calendar month that is at least 30 days after

the adoption of such ordinance. The ordinance shall be sent by

mail, postage prepaid, to the address listed on the holder's

application provided to the local unit of government pursuant

to item (6) of subsection (b) of Section 21-401 of this Act.

The fee authorized by this Section shall be 5% of gross

revenues or the same as the fee paid to the local unit of

government by any incumbent cable operator providing cable

service. The payment of the service provider fee shall be due

on a quarterly basis, 45 days after the close of the calendar

quarter. If mailed, the fee is considered paid on the date it

is postmarked. Except as provided in this Article, the local

unit of government may not demand any additional fees or

charges from the holder and may not demand the use of any other

calculation method other than allowed under this Article.

(c) For purposes of this Article, "gross revenues" means

all consideration of any kind or nature, including, without

limitation, cash, credits, property, and in-kind contributions

received by the holder for the operation of a cable or video

system to provide cable service or video service within the

holder's cable service or video service area within the local

unit of government's jurisdiction.

(1) Gross revenues shall include the following:

(i) Recurring charges for cable service or video

service.

(ii) Event-based charges for cable service or

video service, including, but not limited to,

pay-per-view and video-on-demand charges.

(iii) Rental of set-top boxes and other cable

service or video service equipment.

(iv) Service charges related to the provision of

cable service or video service, including, but not

limited to, activation, installation, and repair

charges.

(v) Administrative charges related to the

provision of cable service or video service, including

but not limited to service order and service

termination charges.

(vi) Late payment fees or charges, insufficient

funds check charges, and other charges assessed to

recover the costs of collecting delinquent payments.

(vii) A pro rata portion of all revenue derived by

the holder or its affiliates pursuant to compensation

arrangements for advertising or for promotion or

exhibition of any products or services derived from the

operation of the holder's network to provide cable

service or video service within the local unit of

government's jurisdiction. The allocation shall be

based on the number of subscribers in the local unit of

government divided by the total number of subscribers

in relation to the relevant regional or national

compensation arrangement.

(viii) Compensation received by the holder that is

derived from the operation of the holder's network to

provide cable service or video service with respect to

commissions that are received by the holder as

compensation for promotion or exhibition of any

products or services on the holder's network, such as a

"home shopping" or similar channel, subject to item

(ix) of this paragraph (1).

(ix) In the case of a cable service or video

service that is bundled or integrated functionally

with other services, capabilities, or applications,

the portion of the holder's revenue attributable to the

other services, capabilities, or applications shall be

included in gross revenue unless the holder can

reasonably identify the division or exclusion of the

revenue from its books and records that are kept in the

regular course of business.

(x) The service provider fee permitted by

subsection (b) of this Section.

(2) Gross revenues do not include any of the following:

(i) Revenues not actually received, even if

billed, such as bad debt, subject to item (vi) of

paragraph (1) of this subsection (c).

(ii) Refunds, discounts, or other price

adjustments that reduce the amount of gross revenues

received by the holder of the State-issued

authorization to the extent the refund, rebate,

credit, or discount is attributable to cable service or

video service.

(iii) Regardless of whether the services are

bundled, packaged, or functionally integrated with

cable service or video service, any revenues received

from services not classified as cable service or video

service, including, without limitation, revenue

received from telecommunications services, information

services, or the provision of directory or Internet

advertising, including yellow pages, white pages,

banner advertisement, and electronic publishing, or

any other revenues attributed by the holder to noncable

service or nonvideo service in accordance with the

holder's books and records and records kept in the

regular course of business and any applicable laws,

rules, regulations, standards, or orders.

(iv) The sale of cable services or video services

for resale in which the purchaser is required to

collect the service provider fee from the purchaser's

subscribers to the extent the purchaser certifies in

writing that it will resell the service within the

local unit of government's jurisdiction and pay the fee

permitted by subsection (b) of this Section with

respect to the service.

(v) Any tax or fee of general applicability imposed

upon the subscribers or the transaction by a city,

State, federal, or any other governmental entity and

collected by the holder of the State-issued

authorization and required to be remitted to the taxing

entity, including sales and use taxes.

(vi) Security deposits collected from subscribers.

(vii) Amounts paid by subscribers to "home

shopping" or similar vendors for merchandise sold

through any home shopping channel offered as part of

the cable service or video service.

(3) Revenue of an affiliate of a holder shall be

included in the calculation of gross revenues to the extent

the treatment of the revenue as revenue of the affiliate

rather than the holder has the effect of evading the

payment of the fee permitted by subsection (b) of this

Section which would otherwise be paid by the cable service

or video service.

(d)(1) Except for a holder providing cable service that is

subject to the fee in subsection (i) of this Section, the

holder shall pay to the local unit of government or the entity

designated by that local unit of government to manage public,

education, and government access, upon request as support for

public, education, and government access, a fee equal to no

less than (i) 1% of gross revenues or (ii) if greater, the

percentage of gross revenues that incumbent cable operators pay

to the local unit of government or its designee for public,

education, and government access support in the local unit of

government's jurisdiction. For purposes of item (ii) of

paragraph (1) of this subsection (d), the percentage of gross

revenues that all incumbent cable operators pay shall be equal

to the annual sum of the payments that incumbent cable

operators in the service area are obligated to pay by

franchises and agreements or by contracts with the local

government designee for public, education and government

access in effect on January 1, 2007, including the total of any

lump sum payments required to be made over the term of each

franchise or agreement divided by the number of years of the

applicable term, divided by the annual sum of such incumbent

cable operator's or operators' gross revenues during the

immediately prior calendar year. The sum of payments includes

any payments that an incumbent cable operator is required to

pay pursuant to item (3) of subsection (c) of Section 21-301.

(2) A local unit of government may require all holders of a

State-issued authorization and all cable operators franchised

by that local unit of government on June 30, 2007 (the

effective date of this Section) in the franchise area to

provide to the local unit of government, or to the entity

designated by that local unit of government to manage public,

education, and government access, information sufficient to

calculate the public, education, and government access

equivalent fee and any credits under paragraph (1) of this

subsection (d).

(3) The fee shall be due on a quarterly basis and paid 45

days after the close of the calendar quarter. Each payment

shall include a statement explaining the basis for the

calculation of the fee. If mailed, the fee is considered paid

on the date it is postmarked. The liability of the holder for

payment of the fee under this subsection shall commence on the

same date as the payment of the service provider fee pursuant

to subsection (b) of this Section.

(e) The holder may identify and collect the amount of the

service provider fee as a separate line item on the regular

bill of each subscriber.

(f) The holder may identify and collect the amount of the

public, education, and government programming support fee as a

separate line item on the regular bill of each subscriber.

(g) All determinations and computations under this Section

shall be made pursuant to the definition of gross revenues set

forth in this Section and shall be made pursuant to generally

accepted accounting principles.

(h) Nothing contained in this Article shall be construed to

exempt a holder from any tax that is or may later be imposed by

the local unit of government, including any tax that is or may

later be required to be paid by or through the holder with

respect to cable service or video service. A State-issued

authorization shall not affect any requirement of the holder

with respect to payment of the local unit of government's

simplified municipal telecommunications tax or any other tax as

it applies to any telephone service provided by the holder. A

State-issued authorization shall not affect any requirement of

the holder with respect to payment of the local unit of

government's 911 or E911 fees, taxes, or charges.

(i) Except for a municipality having a population of

2,000,000 or more, the fee imposed under paragraph (1) of

subsection (d) by a local unit of government against a holder

who is a cable operator shall be as follows:

(1) the fee shall be collected and paid only for

capital costs that are considered lawful under Subchapter

VI of the federal Communications Act of 1934, as amended,

and as implemented by the Federal Communications

Commission;

(2) the local unit of government shall impose any fee

by ordinance; and

(3) the fee may not exceed 1% of gross revenue; if,

however, on the date that an incumbent cable operator files

an application under Section 21-401, the incumbent cable

operator is operating under a franchise agreement that

imposes a fee for support for capital costs for public,

education, and government access facilities obligations in

excess of 1% of gross revenue, then the cable operator

shall continue to provide support for capital costs for

public, education, and government access facilities

obligations at the rate stated in such agreement.

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

(220 ILCS 5/21-901)

Sec. 21-901. Audits.

(a) A holder that has received State-issued authorization

under this Article is subject to an audit of its service

provider fees derived from the provision of cable or video

services to subscribers within any part of the local unit of

government which is located in the holder's service territory.

Any such audit shall be conducted by the local unit of

government or its agent for the sole purpose of determining any

overpayment or underpayment of the holder's service provider

fee to the local unit of government.

(b) Beginning on or after the effective date of this

amendatory Act of the 99th General Assembly, any audit

conducted pursuant to this Section by a local government shall

be governed by Section 11-42-11.05 of the Illinois Municipal

Code or Section 5-1095.1 of the Counties Code.

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

(220 ILCS 5/21-1001)

Sec. 21-1001. Local unit of government authority.

(a) The holder of a State-issued authorization shall comply

with all the applicable construction and technical standards

and right-of-way occupancy standards set forth in a local unit

of government's code of ordinances relating to the use of

public rights-of-way, pole attachments, permit obligations,

indemnification, performance bonds, penalties, or liquidated

damages. The applicable requirements for a holder that is using

its existing telecommunications network or constructing a

telecommunications network shall be the same requirements that

the local unit of government imposes on telecommunications

providers in its jurisdiction. The applicable requirements for

a holder that is using or constructing a cable system shall be

the same requirements the local unit of government imposes on

other cable operators in its jurisdiction.

(b) A local unit of government shall allow the holder to

install, construct, operate, maintain, and remove a cable

service, video service, or telecommunications network within a

public right-of-way and shall provide the holder with open,

comparable, nondiscriminatory, and competitively neutral

access to the public right-of-way on the same terms applicable

to other cable service or video service providers or cable

operators in its jurisdiction. Notwithstanding any other

provisions of law, if a local unit of government is permitted

by law to require the holder of a State authorization to seek a

permit to install, construct, operate, maintain, or remove its

cable service, video service, or telecommunications network

within a public right-of-way, those permits shall be deemed

granted within 45 days after being submitted, if not otherwise

acted upon by the local unit of government, provided the holder

complies with the requirements applicable to the holder in its

jurisdiction.

(c) A local unit of government may impose reasonable terms,

but it may not discriminate against the holder with respect to

any of the following:

(1) The authorization or placement of a cable service,

video service, or telecommunications network or equipment

in public rights-of-way.

(2) Access to a building.

(3) A local unit of government utility pole attachment.

(d) If a local unit of government imposes a permit fee on

incumbent cable operators, it may impose a permit fee on the

holder only to the extent it imposes such a fee on incumbent

cable operators. In all other cases, these fees may not exceed

the actual, direct costs incurred by the local unit of

government for issuing the relevant permit. In no event may a

fee under this Section be levied if the holder already has paid

a permit fee of any kind in connection with the same activity

that would otherwise be covered by the permit fee under this

Section provided no additional equipment, work, function, or

other burden is added to the existing activity for which the

permit was issued.

(e) Nothing in this Article shall affect the rights that

any holder has under Section 4 of the Telephone Line Right of

Way Act (220 ILCS 65/4).

(f) In addition to the other requirements in this Section,

if the holder installs, upgrades, constructs, operates,

maintains, and removes facilities or equipment within a public

right-of-way to provide cable service or video service, it

shall comply with the following:

(1) The holder must locate its equipment in the

right-of-way as to cause only minimum interference with the

use of streets, alleys, and other public ways and places,

and to cause only minimum impact upon and interference with

the rights and reasonable convenience of property owners

who adjoin any of the said streets, alleys, or other public

ways. No fixtures shall be placed in any public ways in

such a manner to interfere with the usual travel on such

public ways, nor shall such fixtures or equipment limit the

visibility of vehicular or pedestrian traffic, or both.

(2) The holder shall comply with a local unit of

government's reasonable requests to place equipment on

public property where possible and promptly comply with

local unit of government direction with respect to the

location and screening of equipment and facilities. In

constructing or upgrading its cable or video network in the

right-of-way, the holder shall use the smallest suitable

equipment enclosures and power pedestals and cabinets then

in use by the holder for the application.

(3) The holder's construction practices shall be in

accordance with all applicable Sections of the

Occupational Safety and Health Act of 1970, as amended, as

well as all applicable State laws, including the Civil

Administrative Code of Illinois, and local codes, where

applicable, as adopted by the local unit of government. All

installation of electronic equipment shall be of a

permanent nature, durable, and, where applicable,

installed in accordance with the provisions of the National

Electrical Safety Code of the National Bureau of Standards

and National Electrical Code of the National Board of Fire

Underwriters.

(4) The holder shall not interfere with the local unit

of government's performance of public works. Nothing in the

State-issued authorization shall be in preference or

hindrance to the right of the local unit of government to

perform or carry on any public works or public improvements

of any kind. The holder expressly agrees that it shall, at

its own expense, protect, support, temporarily disconnect,

relocate in the same street or other public place, or

remove from such street or other public place any of the

network, system, facilities, or equipment when required to

do so by the local unit of government because of necessary

public health, safety, and welfare improvements. In the

event a holder and other users of a public right-of-way,

including incumbent cable operators or utilities, are

required to relocate and compensation is paid to the users

of such public right-of-way, such parties shall be treated

equally with respect to such compensation.

(5) The holder shall comply with all local units of

government inspection requirements. The making of

post-construction, subsequent or periodic inspections, or

both, or the failure to do so shall not operate to relieve

the holder of any responsibility, obligation, or

liability.

(6) The holder shall maintain insurance or provide

evidence of self insurance as required by an applicable

ordinance of the local unit of government.

(7) The holder shall reimburse all reasonable

make-ready expenses, including aerial and underground

installation expenses requested by the holder to the local

unit of government within 30 days of billing to the holder,

provided that such charges shall be at the same rates as

charges to others for the same or similar services.

(8) The holder shall indemnify and hold harmless the

local unit of government and all boards, officers,

employees, and representatives thereof from all claims,

demands, causes of action, liability, judgments, costs and

expenses, or losses for injury or death to persons or

damage to property owned by, and Worker's Compensation

claims against any parties indemnified herein, arising out

of, caused by, or as a result of the holder's construction,

lines, cable, erection, maintenance, use or presence of, or

removal of any poles, wires, conduit, appurtenances

thereto, or equipment or attachments thereto. The holder,

however, shall not indemnify the local unit of government

for any liabilities, damages, cost, and expense resulting

from the willful misconduct, or negligence of the local

unit of government, its officers, employees, and agents.

The obligations imposed pursuant to this Section by a local

unit of government shall be competitively neutral.

(9) The holder, upon request, shall provide the local

unit of government with information describing the

location of the cable service or video service facilities

and equipment located in the unit of local government's

rights-of-way pursuant to its State-issued authorization.

If designated by the holder as confidential, such

information provided pursuant to this subsection shall be

exempt from inspection and copying under the Freedom of

Information Act and shall not be disclosed by the unit of

local government to any third party without the written

consent of the holder.

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

(220 ILCS 5/21-1101)

Sec. 21-1101. Requirements to provide video services.

(a) The holder of a State-issued authorization shall not

deny access to cable service or video service to any potential

residential subscribers because of the race or income of the

residents in the local area in which the potential subscribers

reside.

(b) (Blank).

(c)(1) If the holder of a State-issued authorization is

using telecommunications facilities to provide cable or video

service and has more than 1,000,000 telecommunications access

lines in this State, the holder shall provide access to its

cable or video service to a number of households equal to at

least 35% of the households in the holder's telecommunications

service area in the State within 3 years after the date a

holder receives a State-issued authorization from the

Commission and to a number not less than 50% of these

households within 5 years after the date a holder receives a

State-issued authorization from the Commission; provided that

the holder of a State-issued authorization is not required to

meet the 50% requirement in this paragraph (1) until 2 years

after at least 15% of the households with access to the

holder's video service subscribe to the service for 6

consecutive months.

The holder's obligation to provide such access in the State

shall be distributed, as the holder determines, within 3

designated market areas, one in each of the northeastern,

central, and southwestern portions of the holder's

telecommunications service area in the State. The designated

market area for the northeastern portion shall consist of 2

separate and distinct reporting areas: (i) a city with more

than 1,000,000 inhabitants, and (ii) all other local units of

government on a combined basis within such designated market

area in which it offers video service.

If any state, in which a holder subject to this subsection

(c) or one of its affiliates provides or seeks to provide cable

or video service, adopts a law permitting state-issued

authorization or statewide franchises to provide cable or video

service that requires a cable or video provider to offer

service to more than 35% of the households in the cable or

video provider's service area in that state within 3 years,

holders subject to this subsection (c) shall provide service in

this State to the same percentage of households within 3 years

of adoption of such law in that state.

Furthermore, if any state, in which a holder subject to

this subsection (c) or one of its affiliates provides or seeks

to provide cable or video service, adopts a law requiring a

holder of a state-issued authorization or statewide franchises

to offer cable or video service to more than 35% of its

households if less than 15% of the households with access to

the holder's video service subscribe to the service for 6

consecutive months, then as a precondition to further

build-out, holders subject to this subsection (c) shall be

subject to the same percentage of service subscription in

meeting its obligation to provide service to 50% of the

households in this State.

(2) Within 3 years after the date a holder receives a

State-issued authorization from the Commission, at least 30% of

the total households with access to the holder's cable or video

service shall be low-income.

Within each designated market area listed in paragraph (1)

of this subsection (c), the holder's obligation to offer

service to low-income households shall be measured by each

exchange, as that term is defined in Section 13-206 of this Act

in which the holder chooses to provide cable or video service.

The holder is under no obligation to serve or provide access to

an entire exchange; however, in addition to the statewide

obligation to provide low-income access provided by this

Section, in each exchange in which the holder chooses to

provide cable or video service, the holder shall provide access

to a percentage of low-income households that is at least equal

to the percentage of the total low-income households within

that exchange.

(d)(1) All other holders shall only provide access to one

or more exchanges, as that term is defined in Section 13-206 of

this Act, or to local units of government and shall provide

access to their cable or video service to a number of

households equal to 35% of the households in the exchange or

local unit of government within 3 years after the date a holder

receives a State-issued authorization from the Commission and

to a number not less than 50% of these households within 5

years after the date a holder receives a State-issued

authorization from the Commission, provided that if the holder

is an incumbent cable operator or any successor-in-interest

company, it shall be obligated to provide access to cable or

video services within the jurisdiction of a local unit of

government at the same levels required by the local franchising

authorities for that local unit of government on June 30, 2007

(the effective date of Public Act 95-9).

(2) Within 3 years after the date a holder receives a

State-issued authorization from the Commission, at least 30% of

the total households with access to the holder's cable or video

service shall be low-income.

Within each designated exchange, as that term is defined in

Section 13-206 of this Act, or local unit of government listed

in paragraph (1) of this subsection (d), the holder's

obligation to offer service to low-income households shall be

measured by each exchange or local unit of government in which

the holder chooses to provide cable or video service. Except as

provided in paragraph (1) of this subsection (d), the holder is

under no obligation to serve or provide access to an entire

exchange or local unit of government; however, in addition to

the statewide obligation to provide low-income access provided

by this Section, in each exchange or local unit of government

in which the holder chooses to provide cable or video service,

the holder shall provide access to a percentage of low-income

households that is at least equal to the percentage of the

total low-income households within that exchange or local unit

of government.

(e) A holder subject to subsection (c) of this Section

shall provide wireline broadband service, defined as wireline

service, capable of supporting, in at least one direction, a

speed in excess of 200 kilobits per second (kbps), to the

network demarcation point at the subscriber's premises, to a

number of households equal to 90% of the households in the

holder's telecommunications service area by December 31, 2008,

or shall pay within 30 days of December 31, 2008 a sum of

$15,000,000 to the Digital Divide Elimination Infrastructure

Fund established pursuant to Section 13-301.3 of this Act, or

any successor fund established by the General Assembly. In that

event the holder is required to make a payment pursuant to this

subsection (e), the holder shall have no further accounting for

this payment, which shall be used in any part of the State for

the purposes established in the Digital Divide Elimination

Infrastructure Fund or for broadband deployment.

(f) The holder of a State-issued authorization may satisfy

the requirements of subsections (c) and (d) of this Section

through the use of any technology, which shall not include

direct-to-home satellite service, that offers service,

functionality, and content that is demonstrably similar to that

provided through the holder's video service system.

(g) In any investigation into or complaint alleging that

the holder of a State-issued authorization has failed to meet

the requirements of this Section, the following factors may be

considered in justification or mitigation or as justification

for an extension of time to meet the requirements of

subsections (c) and (d) of this Section:

(1) The inability to obtain access to public and

private rights-of-way under reasonable terms and

conditions.

(2) Barriers to competition arising from existing

exclusive service arrangements in developments or

buildings.

(3) The inability to access developments or buildings

using reasonable technical solutions under commercially

reasonable terms and conditions.

(4) Natural disasters.

(5) Other factors beyond the control of the holder.

(h) If the holder relies on the factors identified in

subsection (g) of this Section in response to an investigation

or complaint, the holder shall demonstrate the following:

(1) what substantial effort the holder of a

State-issued authorization has taken to meet the

requirements of subsection (a) or (c) of this Section;

(2) which portions of subsection (g) of this Section

apply; and

(3) the number of days it has been delayed or the

requirements it cannot perform as a consequence of

subsection (g) of this Section.

(i) The factors in subsection (g) of this Section may be

considered by the Attorney General or by a court of competent

jurisdiction in determining whether the holder is in violation

of this Article.

(j) Every holder of a State-issued authorization, no later

than April 1, 2009, and annually no later than April 1

thereafter, shall report to the Commission for each of the

service areas as described in subsections (c) and (d) of this

Section in which it provides access to its video service in the

State, the following information:

(1) Cable service and video service information:

(A) The number of households in the holder's

telecommunications service area within each designated

market area as described in subsection (c) of this

Section or exchange or local unit of government as

described in subsection (d) of this Section in which it

offers video service.

(B) The number of households in the holder's

telecommunications service area within each designated

market area as described in subsection (c) of this

Section or exchange or local unit of government as

described in subsection (d) of this Section that are

offered access to video service by the holder.

(C) The number of households in the holder's

telecommunications service area in the State.

(D) The number of households in the holder's

telecommunications service area in the State that are

offered access to video service by the holder.

(2) Low-income household information:

(A) The number of low-income households in the

holder's telecommunications service area within each

designated market area as described in subsection (c)

of this Section, as further identified in terms of

exchanges, or exchange or local unit of government as

described in subsection (d) of this Section in which it

offers video service.

(B) The number of low-income households in the

holder's telecommunications service area within each

designated market area as described in subsection (c)

of this Section, as further identified in terms of

exchanges, or exchange or local unit of government as

described in subsection (d) of this Section in the

State that are offered access to video service by the

holder.

(C) The number of low-income households in the

holder's telecommunications service area in the State.

(D) The number of low-income households in the

holder's telecommunications service area in the State

that are offered access to video service by the holder.

(j-5) The requirements of subsection (c) of this Section

shall be satisfied upon the filing of an annual report with the

Commission in compliance with subsection (j) of this Section,

including an annual report filed prior to this amendatory Act

of the 98th General Assembly, that demonstrates the holder of

the authorization has satisfied the requirements of subsection

(c) of this Section for each of the service areas in which it

provides access to its cable service or video service in the

State. Notwithstanding the continued application of this

Article to the holder, upon satisfaction of the requirements of

subsection (c) of this Section, only the requirements of

subsection (a) of this Section 21-1101 of this Act and the

following reporting requirements shall continue to apply to

such holder:

(1) Cable service and video service information:

(A) The number of households in the holder's

telecommunications service area within each designated

market area in which it offers cable service or video

service.

(B) The number of households in the holder's

telecommunications service area within each designated

market area that are offered access to cable service or

video service by the holder.

(C) The number of households in the holder's

telecommunications service area in the State.

(D) The number of households in the holder's

telecommunications service area in the State that are

offered access to cable service or video service by the

holder.

(E) The exchanges or local units of government in

which the holder added cable service or video service

in the prior year.

(2) Low-income household information:

(A) The number of low-income households in the

holder's telecommunications service area within each

designated market area in which it offers video

service.

(B) The number of low-income households in the

holder's telecommunications service area within each

designated market area that are offered access to video

service by the holder.

(C) The number of low-income households in the

holder's telecommunications service area in the State.

(D) The number of low-income households in the

holder's telecommunications service area in the State

that are offered access to video service by the holder.

(j-10) The requirements of subsection (d) of this Section

shall be satisfied upon the filing of an annual report with the

Commission in compliance with subsection (j) of this Section,

including an annual report filed prior to this amendatory Act

of the 98th General Assembly, that demonstrates the holder of

the authorization has satisfied the requirements of subsection

(d) of this Section for each of the service areas in which it

provides access to its cable service or video service in the

State. Notwithstanding the continued application of this

Article to the holder, upon satisfaction of the requirements of

subsection (d) of this Section, only the requirements of

subsection (a) of this Section and the following reporting

requirements shall continue to apply to such holder:

(1) Cable service and video service information:

(A) The number of households in the holder's

footprint in which it offers cable service or video

service.

(B) The number of households in the holder's

footprint that are offered access to cable service or

video service by the holder.

(C) The exchanges or local units of government in

which the holder added cable service or video service

in the prior year.

(2) Low-income household information:

(A) The number of low-income households in the

holder's footprint in which it offers cable service or

video service.

(B) The number of low-income households in the

holder's footprint that are offered access to cable

service or video service by the holder.

(k) The Commission, within 30 days of receiving the first

report from holders under this Section, and annually no later

than July 1 thereafter, shall submit to the General Assembly a

report that includes, based on year-end data, the information

submitted by holders pursuant to subdivisions (1) and (2) of

subsections (j), (j-5), and (j-10) of this Section. The

Commission shall make this report available to any member of

the public or any local unit of government upon request. All

information submitted to the Commission and designated by

holders as confidential and proprietary shall be subject to the

disclosure provisions in subsection (c) of Section 21-401 of

this Act. No individually identifiable customer information

shall be subject to public disclosure.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/21-1201)

Sec. 21-1201. Multiple-unit dwellings; interference with

holder prohibited.

(a) Neither the owner of any multiple-unit residential

dwelling nor an agent or representative nor an assignee,

grantee, licensee, or similar holders of rights, including

easements, in any multiple-unit residential dwelling (the

"owner, agent or representative") shall unreasonably interfere

with the right of any tenant or lawful resident thereof to

receive cable service or video service installation or

maintenance from a holder of a State-issued authorization, or

related service that includes, but is not limited to, voice

service, Internet access or other broadband services (alone or

in combination) provided over the holder's cable services or

video services facilities; provided, however, the owner,

agent, or representative may require just and reasonable

compensation from the holder for its access to and use of such

property to provide installation, operation, maintenance, or

removal of such cable service or video service or related

services. For purposes of this Section, "access to and use of

such property" shall be provided in a nondiscriminatory manner

to all cable and video providers offering or providing services

at such property and includes common areas of such

multiple-unit dwelling, inside wire in the individual unit of

any tenant or lawful resident thereof that orders or receives

such service and the right to use and connect to building

infrastructure, including but not limited to existing cables,

wiring, conduit or inner duct, to provide cable service or

video service or related services. If there is a dispute

regarding the just compensation for such access and use, the

owner, agent, or representative shall obtain the payment of

just compensation from the holder pursuant to the process and

procedures applicable to an owner and franchisee in subsections

(c), (d), and (e) of Section 11-42-11.1 of the Illinois

Municipal Code (65 ILCS 5/11-42-11.1).

(b) Neither the owner of any multiple-unit residential

dwelling nor an agent or representative shall ask, demand, or

receive any additional payment, service, or gratuity in any

form from any tenant or lawful resident thereof as a condition

for permitting or cooperating with the installation of a cable

service or video service or related services to the dwelling

unit occupied by a tenant or resident requesting such service.

(c) Neither the owner of any multiple-unit residential

dwelling nor an agent or representative shall penalize, charge,

or surcharge a tenant or resident, forfeit or threaten to

forfeit any right of such tenant or resident, or discriminate

in any way against such tenant or resident who requests or

receives cable service or video service or related services

from a holder.

(d) Nothing in this Section shall prohibit the owner of any

multiple-unit residential dwelling nor an agent or

representative from requiring that a holder's facilities

conform to reasonable conditions necessary to protect safety,

functioning, appearance, and value of premises or the

convenience and safety of persons or property.

(e) The owner of any multiple-unit residential dwelling or

an agent or representative may require a holder to agree to

indemnify the owner, or his agents or representatives, for

damages or from liability for damages caused by the

installation, operation, maintenance, or removal of cable

service or video service facilities.

(f) For purposes of this Section, "multiple-unit dwelling"

or "such property" means a multiple dwelling unit building

(such as an apartment building, condominium building, or

cooperative) and any other centrally managed residential real

estate development (such as a gated community, mobile home

park, or garden apartment); provided however, that

multiple-unit dwelling shall not include time share units,

academic campuses and dormitories, military bases, hotels,

rooming houses, prisons, jails, halfway houses, nursing homes

or other assisted living facilities, and hospitals.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/21-1301)

Sec. 21-1301. Enforcement; penalties.

(a) The Attorney General is responsible for administering

and ensuring holders' compliance with this Article, provided

that nothing in this Article shall deprive local units of

government of the right to enforce applicable rights and

obligations.

(b) The Attorney General may conduct an investigation

regarding possible violations by holders of this Article

including, without limitation, the issuance of subpoenas to:

(1) require the holder to file a statement or report or

to answer interrogatories in writing as to all information

relevant to the alleged violations;

(2) examine, under oath, any person who possesses

knowledge or information related to the alleged

violations; and

(3) examine any record, book, document, account, or

paper related to the alleged violation.

(c) If the Attorney General determines that there is a

reason to believe that a holder has violated or is about to

violate this Article, the Attorney General may bring an action

in a court of competent jurisdiction in the name of the People

of the State against the holder to obtain temporary,

preliminary, or permanent injunctive relief and civil

penalties for any act, policy, or practice by the holder that

violates this Article.

(d) If a court orders a holder to make payments to the

Attorney General and the payments are to be used for the

operations of the Office of the Attorney General or if a holder

agrees to make payments to the Attorney General for the

operations of the Office of the Attorney General as part of an

Assurance of Voluntary Compliance, then the moneys paid under

any of the conditions described in this subsection (d) shall be

deposited into the Attorney General Court Ordered and Voluntary

Compliance Payment Projects Fund. Moneys in the Fund shall be

used, subject to appropriation, for the performance of any

function pertaining to the exercise of the duties to the

Attorney General, including, but not limited to, enforcement of

any law of this State and conducting public education programs;

however, any moneys in the Fund that are required by the court

to be used for a particular purpose shall be used for that

purpose.

(e) In an action against a holder brought pursuant to this

Article, the Attorney General may seek the assessment of one or

more of the following civil monetary penalties in any action

filed under this Article where the holder violates this Article

and does not remedy the violation within 30 days of notice by

the Attorney General:

(1) Any holder that violates or fails to comply with

any of the provisions of this Article or of its

State-issued authorization shall be subject to a civil

penalty of up to $30,000 for each and every offense, or

0.00825% of the holder's gross revenues, as defined in

Section 21-801 of this Act, whichever is greater. Every

violation of the provisions of this Article by a holder is

a separate and distinct offense, provided that if the same

act or omission violates more than one provision of this

Article, only one penalty or cumulative penalty may be

imposed for such act or omission. In the case of a

continuing violation, each day's continuance thereof shall

be a separate and distinct offense, provided that the

cumulative penalty for any continuing violation shall not

exceed $500,000 per year, and provided further that these

limits shall not apply where the violation was intentional

and either (i) created substantial risk to the safety of

the cable service or video service provider's employees or

customers or the public or (ii) was intended to cause

economic benefits to accrue to the violator.

(2) The holder's State-issued authorization may be

suspended or revoked if the holder fails to comply with the

provisions of this Article after a reasonable time to

achieve compliance has passed.

(3) If the holder is in violation of Section 21-1101 of

this Act, in addition to any other remedies provided by

law, a fine not to exceed 3% of the holder's total monthly

gross revenue, as that term is defined in this Article,

shall be imposed for each month from the date of violation

until the date that compliance is achieved.

(4) Nothing in this Section shall limit or affect the

powers of the Attorney General to enforce the provisions of

this Article, Section 22-501 of this Act, or the Consumer

Fraud and Deceptive Business Practices Act.

(Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)

(220 ILCS 5/21-1401)

Sec. 21-1401. Home rule.

(a) The provisions of this Article are a limitation of home

rule powers under subsection (i) of Section 6 of Article VII of

the Illinois Constitution.

(b) Nothing in this Article shall be construed to limit or

deny a home rule unit's power to tax as set forth in Section 6

of Article VII of the Illinois Constitution.

(Source: P.A. 95-9, eff. 6-30-07.)

(220 ILCS 5/21-1501)

Sec. 21-1501. Except as otherwise provided in this Article,

this Article shall be enforced only by a court of competent

jurisdiction.

(Source: P.A. 95-9, eff. 6-30-07.)

(220 ILCS 5/21-1502)

Sec. 21-1502. Renewal upon repeal of Article. This Section

shall apply only to holders who received their State-issued

authorization as a cable operator. In the event this Article 21

is repealed, the cable operator may seek a renewal under 47

U.S.C. 546 subject to the following:

(1) Each municipality or county in which a cable

operator provided service under the State-issued

authorization shall be the franchising authority with

respect to any right of renewal under 47 U.S.C. 546 and the

provisions of this Section shall apply during the renewal

process.

(2) If the cable operator was an incumbent cable

operator in the local unit of government immediately prior

to obtaining a State-issued authorization, then the terms

of the local franchise agreement under which the incumbent

cable operator operated shall be effective until the later

of: (A) the expiration of what would have been the

remaining term of the agreement at the time of the

termination of the local franchise agreement pursuant to

subsection (c) of Section 21-301 of this Act or (B) the

expiration of the renewal process under 47 U.S.C. 546.

(3) If the cable operator was not an incumbent cable

operator in the service territory immediately prior to the

issuance of the State-issued authorization, then the

State-issued authorization shall continue in effect until

the expiration of the renewal process under 47 U.S.C. 546.

(4) In seeking a renewal under this Section, the cable

operator must provide the following information to the

local franchising authority:

(A) the number of subscribers within the franchise

area;

(B) the number of eligible local government

buildings that have access to cable services;

(C) the statistical records of performance under

the standards established by the Cable and Video

Customer Protection Law;

(D) cable system improvement and construction

plans during the term of the proposed franchise; and

(E) the proposed level of support for public,

educational, and governmental access programming.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/21-1503 new)

Sec. 21-1503. Continuation of Article; validation.

(a) The General Assembly finds and declares that this

amendatory Act of the 100th General Assembly manifests the

intention of the General Assembly to extend the repeal of this

Article and have this Article continue in effect until December

31, 2020.

(b) This Article shall be deemed to have been in continuous

effect since July 1, 2017 and it shall continue to be in effect

henceforward until it is otherwise lawfully repealed. All

previously enacted amendments to this Article taking effect on

or after July 1, 2017, are hereby validated. All actions taken

in reliance on or under this Article by the Illinois Commerce

Commission or any other person or entity are hereby validated.

(c) In order to ensure the continuing effectiveness of this

Article, it is set forth in full and reenacted by this

amendatory Act of the 100th General Assembly. Striking and

underscoring are used only to show changes being made to the

base text. This reenactment is intended as a continuation of

this Article. It is not intended to supersede any amendment to

this Article that is enacted by the 100th General Assembly.

(220 ILCS 5/21-1601)

Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of

this Article are repealed December 31, 2020 July 1, 2017.

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

Section 99. Effective date. This Act takes effect upon

becoming law.