PART 750 WAIVERS AND MODIFICATIONS UNDER SECTION 13-402 OF THE PUBLIC UTILITIES ACT : Sections Listing

TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER f: TELEPHONE UTILITIES
PART 750 WAIVERS AND MODIFICATIONS UNDER SECTION 13-402 OF THE PUBLIC UTILITIES ACT

AUTHORITY: Implementing Section 13-402 and authorized by Section 10-101 of The Public Utilities Act (Ill. Rev. Stat. 1985, ch. 111 2/3, pars. 13-402 and 10-101).

SOURCE: Emergency rules adopted at 10 Ill. Reg. 787, effective January 1, 1986, for a maximum of 150 days; adopted at 10 Ill. Reg. 9763, effective May 25, 1986.

 

Section 750.10  Applicability

 

This Part applies to telecommunications carriers who have or are seeking authority to offer interexchange telecommunications services.

 

Section 750.15  Definition

 

            "Public Utilities Act" means The Public Utilities Act (Ill. Rev. Stat. 1985, ch. 111⅔, pars. 1-101 et seq.).

 

Section 750.20  Application for Waiver or Modification

 

a)         Any telecommunications carrier may apply under Section 13-402 of the Public Utilities Act for a waiver or modification of the application of the Commission's rules, procedures or notice requirements (Ill. Rev. Stat. 1985, ch. 111⅔, par. 13-402) by either

 

1)         requesting such waiver or modification as a part of the initial proceeding in which the Certificate of Interexchange Service Authority is sought, or

 

2)         filing a petition with the Chief Clerk of the Commission in which such waiver or modification is sought as to interexchange telecommunications service for which the carrier already has authority.

 

b)         The application provided for in subsection (a) shall

 

1)         specifically describe

 

A)        the rules, procedures or notice requirements for which the waiver or modification is sought,

 

B)        the interexchange service or services involved, and

 

C)        the geographical area in which the service is offered and for which the waiver or modification is sought;

 

2)         state the amount of the applicant's annual revenues;

 

3)         identify the way or ways in which the requested waiver or modification will reduce the economic burdens of regulation; and

 

4)         be verified according to Section 200.130 of the Commission's Rules of Practice, 83 Ill. Adm. Code 200.130.

 

c)         In determining whether to grant an application for waiver or modification under this Section, the Commission shall use the standards set forth in Section 13-402 of The Pubic Utilities Act.

 

d)         Notice and applicability to other carriers

 

1)         Whenever a telecommunications carrier with annual revenues exceeding $10,000,000 files an application for waiver or modification after the effective date of this Part, the Commission shall send notice of such application to all interexchange telecommunications carriers known by it to have annual revenues exceeding $10,000,000.

 

2)         Any waiver granted in such proceeding shall apply to all interexchange telecommunications carriers with annual revenues exceeding $10,000,000 unless the commission finds in such proceeding 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 Article XIII of the Public Utilities Act and the protection of telecommunications customers.

 

Section 750.30  Waivers and Modifications Granted Before January 1, 1986

 

Waivers or modifications of Commission rules, procedures, or notice requirements in any certificate granted by the Commission before January 1, 1986, with respect to a telecommunications carrier's interexchange telecommunications service, shall continue in full force and effect as to that carrier until the certificate is rescinded or the waivers or modifications are amended or rescinded by further Commission order.

 

Section 750.40  Notice of Waiver Application

 

a)         Any telecommunications carrier with annual revenues exceeding $10,000,000 which did not receive a waiver under Section 750.20(d) but which intends, under Section 13-402 of the Public Utilities Act, to claim the automatic application of a waiver or modification granted to another telecommunications carrier pursuant to Section 750.30 must, as a prerequisite to claiming such exemption or waiver, file with the Commission a notice of such intention.  Such notice, which shall be titled "Notice of Waiver Application," shall include the following:

 

1)         a citation to the Commission proceeding in which the waiver or modification sought was granted to another telecommunications carrier, 

 

2)         a verified statement of the amount of annual revenues of the telecommunications carrier filing the notice, and

 

3)         any other information which the telecommunications carrier considers relevant (optional).

 

b)         The Commission shall allow the waiver or modification sought by a telecommunications carrier with annual revenues exceeding $10,000,000 pursuant to subsection (a) to apply, and shall so notify the affected telecommunications carrier, unless the Commission specifically finds, after notice to all interexchange telecommunications carriers known by it to have annual revenues exceeding $10,000,000, 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 Article XIII of the Public Utilities Act and the protection of telecommunications customers.