|
Sen. Sue Rezin
Filed: 4/6/2018
| | 10000SB3131sam002 | | LRB100 19958 SMS 37821 a |
|
|
1 | | AMENDMENT TO SENATE BILL 3131
|
2 | | AMENDMENT NO. ______. Amend Senate Bill 3131 on page 5, |
3 | | line 15, after "2-106," by inserting "4-204,"; and
|
4 | | on page 5, line 15, after "8-103B," by inserting "8-507,"; and |
5 | | on page 5, line 18, by replacing "and 16-111" with "and |
6 | | 22-501"; and |
7 | | on page 9, immediately below line 20, by inserting the |
8 | | following:
|
9 | | "(220 ILCS 5/4-204) (from Ch. 111 2/3, par. 4-204)
|
10 | | Sec. 4-204.
If Whenever the Commission receives notice from |
11 | | the Secretary
of State that any domestic or foreign company |
12 | | corporation regulated under this Act
has not paid a franchise |
13 | | tax, license fee , filing fee, or penalty required under the The
|
14 | | Business Corporation Act of 1983 or under any other Illinois |
|
| | 10000SB3131sam002 | - 2 - | LRB100 19958 SMS 37821 a |
|
|
1 | | statute pertaining to domestic or foreign corporations, |
2 | | limited liability companies, partnerships, associations, or |
3 | | other organizations , approved January 5, 1984, as amended ,
then |
4 | | the Commission shall institute proceedings for the revocation |
5 | | of the
franchise, license, permit , or right to engage in any |
6 | | business required
under this Act shall be suspended by |
7 | | operation of law or the suspension thereof until such time |
8 | | within a one year period from the date of suspension as the |
9 | | delinquent
franchise tax, license fee , filing fee, or penalty |
10 | | is paid and revoked by operation of law for failure to pay the |
11 | | delinquent franchise tax, license fee, filing fee, or penalty |
12 | | within the one year suspension period .
|
13 | | (Source: P.A. 84-617.)"; and
|
14 | | on page 14, lines 18 and 19, by replacing " Section Sections |
15 | | 8-304, 9-242, 9-244 and " with "Sections 8-304, 9-242, 9-244 |
16 | | and"; and |
17 | | on page 74, immediately below line 13, by inserting the |
18 | | following:
|
19 | | "(220 ILCS 5/8-507) (from Ch. 111 2/3, par. 8-507)
|
20 | | Sec. 8-507.
Every public utility shall file with the |
21 | | Commission, under
such rules and regulations as the Commission |
22 | | may prescribe, a report of every
accident occurring to or on |
23 | | its plant, equipment, or other property of such
a nature to |
|
| | 10000SB3131sam002 | - 3 - | LRB100 19958 SMS 37821 a |
|
|
1 | | endanger the safety, health or property of any person. Whenever
|
2 | | any accident occasions the loss of life or limb to any person, |
3 | | such public
utility shall immediately give notice to the |
4 | | Commission of the fact by the
speediest means of communication, |
5 | | whether telephone, electronic notification, telegraph or post.
|
6 | | The Commission
shall investigate all accidents occurring |
7 | | within this
State upon the property of any public utility or |
8 | | directly or indirectly
arising from or connected with its |
9 | | maintenance or operation, resulting in
loss of life or injury |
10 | | to person or property and requiring, in the judgment
of the |
11 | | Commission, investigation by it, and shall have the power to |
12 | | make
such order or recommendation with respect thereto as in |
13 | | its judgment may
seem just and reasonable. Neither the order or |
14 | | recommendation of the
Commission nor any accident report filed |
15 | | with the Commission shall be
admitted in evidence in any action |
16 | | for damages based on or arising out of
the loss of life, or |
17 | | injury to person or property, in this Section referred
to.
|
18 | | (Source: P.A. 84-617; 84-1025.)"; and
|
19 | | by deleting line 6 on page 203 through line 20 on page 220; and |
20 | | on page 220, immediately below line 20, by inserting the |
21 | | following: |
22 | | "(220 ILCS 5/22-501) |
23 | | Sec. 22-501. Customer service and privacy protection. All |
|
| | 10000SB3131sam002 | - 4 - | LRB100 19958 SMS 37821 a |
|
|
1 | | cable or video providers in this State shall comply with the |
2 | | following customer service requirements and privacy |
3 | | protections. The provisions of this Act shall not apply to an |
4 | | incumbent cable operator prior to January 1, 2008. For purposes |
5 | | of this paragraph, an incumbent cable operator means a person |
6 | | or entity that provided cable services in a particular area |
7 | | under a franchise agreement with a local unit of government |
8 | | pursuant to Section 11-42-11 of the Illinois
Municipal Code or |
9 | | Section 5-1095 of the Counties Code on January 1, 2007.
A |
10 | | master antenna television, satellite master antenna |
11 | | television, direct broadcast satellite, multipoint |
12 | | distribution service, and other provider of video programming |
13 | | shall only be subject to the provisions of this Article to the |
14 | | extent permitted by federal law. |
15 | | The following definitions apply to the terms used in this |
16 | | Article: |
17 | | "Basic cable or video service" means any service offering |
18 | | or tier that
includes the retransmission of local television |
19 | | broadcast signals. |
20 | | "Cable or video provider" means any person or entity |
21 | | providing cable service or video service pursuant to |
22 | | authorization under (i) the Cable and Video Competition Law of |
23 | | 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; |
24 | | (iii) Section 5-1095 of the Counties Code; or (iv) a master |
25 | | antenna television, satellite master antenna television, |
26 | | direct broadcast satellite, multipoint distribution services, |
|
| | 10000SB3131sam002 | - 5 - | LRB100 19958 SMS 37821 a |
|
|
1 | | and other providers of video programming, whatever their |
2 | | technology. A cable or video provider shall not include a |
3 | | landlord providing only broadcast video programming to a |
4 | | single-family home or other residential dwelling consisting of |
5 | | 4
units or less. |
6 | | "Franchise" has the same meaning as found in 47 U.S.C. |
7 | | 522(9). |
8 | | "Local unit of government" means a city, village, |
9 | | incorporated town, or a county. |
10 | | "Normal business hours" means those hours during which most |
11 | | similar businesses in the geographic area of the local unit of |
12 | | government are open to serve customers. In all cases, "normal |
13 | | business hours" must include some evening hours at least one |
14 | | night per week or some weekend hours. |
15 | | "Normal operating conditions" means those service |
16 | | conditions that are within the control of cable or video |
17 | | providers. Those conditions that are not within the control of |
18 | | cable or video providers include, but are not limited to, |
19 | | natural disasters, civil disturbances, power outages, |
20 | | telephone network outages, and severe or unusual weather |
21 | | conditions. Those conditions that are ordinarily within the |
22 | | control of cable or video providers include, but are not |
23 | | limited to, special promotions, pay-per-view events, rate |
24 | | increases, regular peak or seasonal demand periods, and |
25 | | maintenance or upgrade of the cable service or video service |
26 | | network. |
|
| | 10000SB3131sam002 | - 6 - | LRB100 19958 SMS 37821 a |
|
|
1 | | "Service interruption" means the loss of picture or sound |
2 | | on one or more cable service or video service on one or more |
3 | | cable or video channels. |
4 | | "Service line drop" means the point of connection between a |
5 | | premises and the cable or video network that enables the |
6 | | premises to receive cable service or video service. |
7 | | (a) General customer service standards: |
8 | | (1) Cable or video providers shall establish general |
9 | | standards related to customer service, which shall |
10 | | include, but not be limited to, installation, |
11 | | disconnection, service and repair obligations; appointment |
12 | | hours and employee ID requirements; customer service |
13 | | telephone numbers and hours; procedures for billing, |
14 | | charges, deposits, refunds, and credits; procedures for |
15 | | termination of service; notice of deletion of programming |
16 | | service; changes related to transmission of programming; |
17 | | changes or increases in rates; the use and availability of |
18 | | parental control or lock-out devices; the use and |
19 | | availability of an A/B switch if applicable; complaint |
20 | | procedures and procedures for bill dispute resolution; a |
21 | | description of the rights and remedies available to |
22 | | consumers if the cable or video provider does not |
23 | | materially meet its
customer service standards; and |
24 | | special services for customers with visual, hearing, or |
25 | | mobility disabilities. |
26 | | (2) Cable or video providers' rates for each level of |
|
| | 10000SB3131sam002 | - 7 - | LRB100 19958 SMS 37821 a |
|
|
1 | | service, rules, regulations, and policies related to its |
2 | | cable service or video service described in paragraph (1) |
3 | | of this subsection (a)
must be made available to the public |
4 | | and displayed clearly and conspicuously on the cable or |
5 | | video provider's site on the Internet. If a promotional |
6 | | price or a price for a specified period of time is offered, |
7 | | the cable or video provider shall display the price at the |
8 | | end of the promotional period or specified period of time |
9 | | clearly and conspicuously with the display of the |
10 | | promotional price or price for a specified period of time. |
11 | | The cable or video provider shall provide this information |
12 | | upon request. |
13 | | (3) Cable or video providers shall provide notice |
14 | | concerning their general customer service standards to all |
15 | | customers. This notice shall be offered when service is |
16 | | first activated and upon request thereafter. The |
17 | | information in the notice shall also be available on the |
18 | | cable or video providers' websites and shall include all of |
19 | | the information specified in paragraph (1) of this |
20 | | subsection (a), as well as the following: a listing of |
21 | | services offered by the cable or video providers, which |
22 | | shall clearly describe programming for all services and all |
23 | | levels of service; the rates for all services and levels of |
24 | | service; a telephone number
through which customers may |
25 | | subscribe to, change, or terminate service, request |
26 | | customer service, or seek general or billing information; |
|
| | 10000SB3131sam002 | - 8 - | LRB100 19958 SMS 37821 a |
|
|
1 | | instructions on the use of the cable or video services; and |
2 | | a description of rights and remedies that the cable or |
3 | | video providers shall make available to their customers if |
4 | | they do not materially meet the general customer service |
5 | | standards described in this Act. |
6 | | (b) General customer service obligations: |
7 | | (1) Cable or video providers shall render reasonably |
8 | | efficient service, promptly make repairs, and interrupt |
9 | | service only as necessary and for good cause, during |
10 | | periods of minimum use of the system and for no more than |
11 | | 24 hours. |
12 | | (2) All service representatives or any other person who |
13 | | contacts customers or potential customers on behalf of the |
14 | | cable or video provider shall have a visible identification |
15 | | card with their name and photograph and shall orally |
16 | | identify themselves upon first contact with the customer. |
17 | | Customer service representatives shall orally identify |
18 | | themselves to callers immediately following the greeting |
19 | | during each telephone contact with the public. |
20 | | (3) The cable or video providers shall: (i) maintain a |
21 | | customer service facility within the boundaries of a local |
22 | | unit of government staffed by customer service |
23 | | representatives that have the capacity to accept payment, |
24 | | adjust bills, and respond to repair, installation, |
25 | | reconnection, disconnection, or other service calls and |
26 | | distribute or receive converter boxes, remote control |
|
| | 10000SB3131sam002 | - 9 - | LRB100 19958 SMS 37821 a |
|
|
1 | | units, digital stereo units, or other equipment related to |
2 | | the provision of cable or video service; (ii) provide |
3 | | customers with bill payment facilities through retail, |
4 | | financial, or other commercial institutions located within |
5 | | the boundaries of a local unit of government; (iii) provide |
6 | | an address, toll-free telephone number or electronic |
7 | | address to accept bill payments and correspondence and |
8 | | provide secure collection boxes for the receipt of bill |
9 | | payments and the return of equipment, provided that if a |
10 | | cable or video provider provides secure collection boxes, |
11 | | it shall provide a printed receipt when items are |
12 | | deposited; or (iv) provide an address, toll-free telephone |
13 | | number, or electronic address to accept bill payments and |
14 | | correspondence and provide a method for customers to return |
15 | | equipment to the cable or video provider at no cost to the |
16 | | customer. |
17 | | (4) In each contact with a customer, the service |
18 | | representatives or any other person who contacts customers |
19 | | or potential customers on behalf of the cable or video |
20 | | provider shall state the estimated cost of the service, |
21 | | repair, or installation orally prior to delivery of the |
22 | | service or before any work is performed, shall provide the |
23 | | customer with an oral statement of the total charges before |
24 | | terminating the telephone call or other contact in which a |
25 | | service is ordered, whether in-person or over the Internet, |
26 | | and shall provide a written statement of the total charges |
|
| | 10000SB3131sam002 | - 10 - | LRB100 19958 SMS 37821 a |
|
|
1 | | before leaving the location at which the work was |
2 | | performed. In the event that the cost of service is a |
3 | | promotional price or is for a limited period of time, the |
4 | | cost of service at the end of the promotion or limited |
5 | | period of time shall be disclosed. |
6 | | (5) Cable or video providers shall provide customers a |
7 | | minimum of 30 days' written notice before increasing rates |
8 | | or eliminating transmission of programming and shall |
9 | | submit the notice of any rate increase to the local unit of |
10 | | government in advance of distribution to customers, |
11 | | provided that the cable or video provider is not in |
12 | | violation of this provision if the elimination of |
13 | | transmission of programming was outside the control of the |
14 | | provider, in which case the provider shall use reasonable |
15 | | efforts to provide as much notice as possible, and any rate |
16 | | decrease related to the elimination of transmission of |
17 | | programming shall be applied to the date of the change. |
18 | | (6) Cable or video providers shall provide clear visual |
19 | | and audio reception that meets or exceeds applicable |
20 | | Federal Communications Commission technical standards. If |
21 | | a customer experiences poor video or audio reception due to |
22 | | the equipment of the cable or video provider, the cable or |
23 | | video provider shall promptly repair the problem at its own |
24 | | expense. |
25 | | (c) Bills, payment, and termination: |
26 | | (1) Cable or video providers shall render monthly bills |
|
| | 10000SB3131sam002 | - 11 - | LRB100 19958 SMS 37821 a |
|
|
1 | | that are clear, accurate, and understandable. |
2 | | (2) Every residential customer who pays bills directly |
3 | | to the cable or video provider shall have at least 23 28 |
4 | | days from the date of the bill to pay the listed charges. |
5 | | (3) Customer payments shall be posted promptly. When |
6 | | the payment is sent by United States mail, payment is |
7 | | considered paid on the date it is postmarked. |
8 | | (4) Cable or video providers may not terminate |
9 | | residential service for nonpayment of a bill unless the |
10 | | cable or video provider furnishes notice of the delinquency |
11 | | and impending termination at least 15 days prior to the |
12 | | proposed termination. Notice of proposed termination shall |
13 | | be mailed, postage prepaid, to the customer to whom service |
14 | | is billed. Notice of proposed termination shall not be |
15 | | mailed until the 24th day after the date of the bill for |
16 | | services. Notice of delinquency and impending termination |
17 | | may be part of a billing statement only if the notice is |
18 | | designed to be conspicuous. The cable or video providers |
19 | | may not assess a late fee prior to the 24th day after the |
20 | | date of the bill for service. |
21 | | (5) Every notice of impending termination shall |
22 | | include all of the following: the name and address of |
23 | | customer; the amount of the delinquency; the date on which |
24 | | payment is required to avoid termination; and the telephone |
25 | | number of the cable or video provider's service |
26 | | representative to make payment arrangements and to provide |
|
| | 10000SB3131sam002 | - 12 - | LRB100 19958 SMS 37821 a |
|
|
1 | | additional information about the charges for failure to |
2 | | return equipment and for reconnection, if any. |
3 | | (6) Service may only be terminated on days when the |
4 | | customer is able to reach a service representative of the |
5 | | cable or video providers, either in person or by telephone. |
6 | | (7) Any service terminated by a cable or video provider |
7 | | without good cause shall be restored without any |
8 | | reconnection fee, charge, or penalty; good cause for |
9 | | termination includes, but is not limited to, failure to pay |
10 | | a bill by the date specified in the notice of impending |
11 | | termination, payment by check for which there are |
12 | | insufficient funds, theft of service, abuse of equipment or |
13 | | personnel, or other similar subscriber actions. |
14 | | (8) Cable or video providers shall cease charging a |
15 | | customer for any or all services within one
business day |
16 | | after it receives a request to immediately terminate |
17 | | service or on the day requested by the customer if such a |
18 | | date is at least 5 days from the date requested by the |
19 | | customer. Nothing in this subsection (c) shall prohibit the |
20 | | provider from billing for charges that the customer incurs |
21 | | prior to the date of termination. Cable or video providers |
22 | | shall issue a credit no later than the customer's next |
23 | | billing cycle following the determination that a credit is |
24 | | warranted. Cable or video providers shall issue a refund or |
25 | | return a deposit promptly, but not later than either the |
26 | | customer's next billing cycle following resolution of the |
|
| | 10000SB3131sam002 | - 13 - | LRB100 19958 SMS 37821 a |
|
|
1 | | request or 30 days, whichever is earlier, or the return of |
2 | | equipment, if any, whichever is later. |
3 | | (9) The customers or subscribers of a cable or video |
4 | | provider shall be allowed to disconnect their service at |
5 | | any time within the first 30 days after subscribing to or |
6 | | upgrading the service. Within this 30-day period, cable or |
7 | | video providers shall not charge or impose any fees or |
8 | | penalties on the customer for disconnecting service, |
9 | | including, but not limited to, any installation charge or |
10 | | the imposition of an early termination charge, except the |
11 | | cable or video provider may impose a charge or fee to |
12 | | offset any rebates or credits received by the customer and |
13 | | may impose monthly service or maintenance charges, |
14 | | including pay-per-view and premium services charges, |
15 | | during such 30-day period. |
16 | | (d) Response to customer inquiries: |
17 | | (1) Cable or video providers will maintain a toll-free |
18 | | telephone access line that is
available to customers 24 |
19 | | hours a day, 7
days a week to accept calls regarding |
20 | | installation, termination, service, and complaints. |
21 | | Trained, knowledgeable, qualified service representatives |
22 | | of the cable or video providers will be available to |
23 | | respond to customer telephone inquiries during normal |
24 | | business hours. Customer service representatives shall be |
25 | | able to provide credit, waive fees, schedule appointments, |
26 | | and change billing cycles. Any difficulties that cannot be |
|
| | 10000SB3131sam002 | - 14 - | LRB100 19958 SMS 37821 a |
|
|
1 | | resolved by the customer service representatives shall be |
2 | | referred to a supervisor who shall make his or her best |
3 | | efforts to resolve the issue immediately. If the supervisor |
4 | | does not resolve the issue to the customer's satisfaction, |
5 | | the customer shall be informed of the cable or video |
6 | | provider's complaint procedures and procedures for billing |
7 | | dispute resolution and given a description of the rights |
8 | | and remedies available to customers to enforce the terms of |
9 | | this Article, including the customer's rights to have the |
10 | | complaint reviewed by the local unit of government, to |
11 | | request mediation, and to review in a court of competent |
12 | | jurisdiction. |
13 | | (2) After normal business hours, the access line may be |
14 | | answered by a service or an automated response system, |
15 | | including an answering machine. Inquiries received by |
16 | | telephone or e-mail after normal business hours shall be |
17 | | responded to by a trained service representative on the |
18 | | next business day. The cable or video provider shall |
19 | | respond to a written billing inquiry within 10 days of |
20 | | receipt of the inquiry. |
21 | | (3) Cable or video providers shall provide customers |
22 | | seeking non-standard installations with a total |
23 | | installation cost estimate and an estimated date of |
24 | | completion. The actual charge to the customer shall not |
25 | | exceed the estimated cost without the written consent of |
26 | | the customer. |
|
| | 10000SB3131sam002 | - 15 - | LRB100 19958 SMS 37821 a |
|
|
1 | | (4) If the cable or video provider receives notice that |
2 | | an unsafe condition exists with respect to its equipment, |
3 | | it shall investigate such condition immediately and shall |
4 | | take such measures as are necessary to remove or eliminate |
5 | | the unsafe condition. The cable or video provider shall |
6 | | inform the local unit of government promptly, but no later |
7 | | than 2 hours after it receives notification of an unsafe |
8 | | condition that it has not remedied. |
9 | | (5) Under normal operating conditions, telephone |
10 | | answer time by the cable or video provider's customer |
11 | | representative, including wait time, shall not exceed 30 |
12 | | seconds when the connection is made. If the call needs to |
13 | | be transferred, transfer time shall not exceed 30 seconds. |
14 | | These standards shall be met no less than 90% of the time |
15 | | under normal operating conditions, measured on a quarterly |
16 | | basis. The cable or video provider shall not be required to |
17 | | acquire equipment or perform surveys to measure compliance |
18 | | with these telephone answering standards unless an |
19 | | historical record of complaints indicates a clear failure |
20 | | to comply. |
21 | | (6) Under normal operating conditions, the cable or |
22 | | video provider's customers will receive a busy signal less |
23 | | than 3% of the time. |
24 | | (e) Under normal operating conditions, each of the |
25 | | following standards related to installations, outages, and |
26 | | service calls will be met no less than 95% of the time measured |
|
| | 10000SB3131sam002 | - 16 - | LRB100 19958 SMS 37821 a |
|
|
1 | | on a quarterly basis: |
2 | | (1) Standard installations will be performed within 7 |
3 | | business days after an order has been placed. "Standard" |
4 | | installations are those that are located up to 125 feet |
5 | | from the existing distribution system. |
6 | | (2) Excluding conditions beyond the control of the |
7 | | cable or video providers, the cable or video providers will |
8 | | begin working on "service interruptions" promptly and in no |
9 | | event later than 24 hours after the interruption is |
10 | | reported by the customer or otherwise becomes known to the |
11 | | cable or video providers. Cable or video providers must |
12 | | begin actions to correct other service problems the next |
13 | | business day after notification of the service problem and |
14 | | correct the problem. |
15 | | (3) The "appointment window" alternatives for |
16 | | installations, service calls, and other installation |
17 | | activities will be either a specific time or, at a maximum, |
18 | | a 4-hour
time block during evening, weekend, and normal |
19 | | business hours. The cable or video provider may schedule |
20 | | service calls and other installation activities outside of |
21 | | these hours for the express convenience of the customer. |
22 | | (4) Cable or video providers may not cancel an |
23 | | appointment with a customer after the close of business on |
24 | | the business day prior to the scheduled appointment. If the |
25 | | cable or video provider's representative is running late |
26 | | for an appointment with a customer and will not be able to |
|
| | 10000SB3131sam002 | - 17 - | LRB100 19958 SMS 37821 a |
|
|
1 | | keep the appointment as scheduled, the customer will be |
2 | | contacted. The appointment will be rescheduled, as |
3 | | necessary, at a time that
is convenient for the customer, |
4 | | even if the rescheduled appointment is not within normal |
5 | | business hours. |
6 | | (f) Public benefit obligation: |
7 | | (1) All cable or video providers offering service |
8 | | pursuant to the Cable and Video Competition Law of 2007, |
9 | | the Illinois Municipal Code, or the Counties Code shall |
10 | | provide a free service line drop and free basic service to |
11 | | all current and future public buildings within their |
12 | | footprint, including, but not limited to, all local unit of |
13 | | government buildings, public libraries, and public primary |
14 | | and secondary schools, whether owned or leased by that |
15 | | local unit of government ("eligible buildings"). Such |
16 | | service shall be used in a manner consistent with the |
17 | | government purpose for the eligible building and shall not |
18 | | be resold. |
19 | | (2) This obligation only applies to those cable or |
20 | | video service providers whose cable service or video |
21 | | service systems pass eligible buildings and its cable or |
22 | | video service is generally available to residential |
23 | | subscribers in the same local unit of government in which |
24 | | the eligible building is located. The burden of providing |
25 | | such service at each eligible building shall be shared by |
26 | | all cable and video providers whose systems pass the |
|
| | 10000SB3131sam002 | - 18 - | LRB100 19958 SMS 37821 a |
|
|
1 | | eligible buildings in an equitable and competitively |
2 | | neutral manner, and nothing herein shall require |
3 | | duplicative installations by more than one cable or video |
4 | | provider at each eligible building. Cable or video |
5 | | providers operating in a local unit of government shall |
6 | | meet as necessary and determine who will provide service to |
7 | | eligible buildings under this subsection (f). If the cable |
8 | | or video providers are unable to reach an agreement, they |
9 | | shall meet with the local unit of government, which shall |
10 | | determine which cable or video providers will serve each |
11 | | eligible building. The local unit of government shall bear |
12 | | the costs of any inside wiring or video equipment costs not |
13 | | ordinarily provided as part of the cable or video |
14 | | provider's basic offering. |
15 | | (g) After the cable or video providers have offered service |
16 | | for one year, the cable or video providers shall make an annual |
17 | | report to the Commission, to the local unit of government, and |
18 | | to the Attorney General that it is meeting the standards |
19 | | specified in this Article, identifying the number of complaints |
20 | | it received over the prior year in the State and specifying the |
21 | | number of complaints related to each of the following: (1) |
22 | | billing, charges, refunds, and credits; (2) installation or |
23 | | termination of service; (3) quality of service and repair; (4) |
24 | | programming; and (5) miscellaneous complaints that do not fall |
25 | | within these categories. |
26 | | (h) To the extent consistent with federal law, cable or |
|
| | 10000SB3131sam002 | - 19 - | LRB100 19958 SMS 37821 a |
|
|
1 | | video providers shall offer the lowest-cost basic cable or |
2 | | video service as a stand-alone service to residential customers |
3 | | at reasonable rates. Cable or video providers shall not require |
4 | | the subscription to any service other than the lowest-cost |
5 | | basic service or to any telecommunications or information |
6 | | service, as a condition of access to cable or video service, |
7 | | including programming offered on a per channel or per program |
8 | | basis. Cable or video providers shall not discriminate between |
9 | | subscribers to the lowest-cost basic service, subscribers to |
10 | | other cable services or video services, and other subscribers |
11 | | with regard to the rates charged for cable or video programming |
12 | | offered on a per channel or per program basis. |
13 | | (i) To the extent consistent with federal law, cable or |
14 | | video providers shall ensure that charges for changes in the |
15 | | subscriber's selection of services or equipment shall be based |
16 | | on the cost of such change and shall not exceed nominal amounts |
17 | | when the system's configuration permits changes in service tier |
18 | | selection to be effected solely by coded entry on a computer |
19 | | terminal or by other similarly simple method. |
20 | | (j) To the extent consistent with federal law, cable or |
21 | | video providers shall have a rate structure for the provision |
22 | | of cable or video service that is uniform throughout the area |
23 | | within the boundaries of the local unit of government. This |
24 | | subsection (j) is not intended to prohibit bulk discounts to |
25 | | multiple dwelling units or to prohibit reasonable discounts to |
26 | | senior citizens or other economically disadvantaged groups. |
|
| | 10000SB3131sam002 | - 20 - | LRB100 19958 SMS 37821 a |
|
|
1 | | (k) To the extent consistent with federal law, cable or |
2 | | video providers shall not charge a subscriber for any service |
3 | | or equipment that the subscriber has not affirmatively |
4 | | requested or affirmatively agreed to by name. For purposes of |
5 | | this subsection (k), a subscriber's failure to refuse a cable |
6 | | or video provider's proposal to provide service or equipment |
7 | | shall not be deemed to be an affirmative request for such |
8 | | service or equipment. |
9 | | (l) No contract or service agreement containing an early |
10 | | termination clause offering residential cable or video |
11 | | services or any bundle including such services shall be for a |
12 | | term longer than 2 years. Any contract or service offering with |
13 | | a term of service that contains an early termination fee shall |
14 | | limit the early termination fee to not more than the value of |
15 | | any additional goods or services provided with the cable or |
16 | | video services, the amount of the discount reflected in the |
17 | | price for cable services or video services for the period |
18 | | during which the consumer benefited from the discount, or a |
19 | | declining fee based on the remainder of the contract term. |
20 | | (m) Cable or video providers shall not discriminate in the |
21 | | provision of services for the hearing and visually impaired, |
22 | | and shall comply with the accessibility requirements of 47 |
23 | | U.S.C. 613. Cable or video providers shall deliver and pick-up |
24 | | or provide customers with pre-paid shipping and packaging for |
25 | | the return of converters and other necessary equipment at the |
26 | | home of customers with disabilities. Cable or video providers |
|
| | 10000SB3131sam002 | - 21 - | LRB100 19958 SMS 37821 a |
|
|
1 | | shall provide free use of a converter or remote control unit to |
2 | | mobility impaired customers. |
3 | | (n)(1) To the extent consistent with federal law, cable or |
4 | | video providers shall comply with the provisions of 47 U.S.C. |
5 | | 532(h) and (j). The cable or video providers shall not exercise |
6 | | any editorial control over any video programming provided |
7 | | pursuant to this Section, or in any other way consider the |
8 | | content of such programming, except that a cable or video |
9 | | provider may refuse to transmit any leased access program or |
10 | | portion of a leased access program that
contains obscenity, |
11 | | indecency, or nudity and may consider such content to the |
12 | | minimum extent necessary to establish a reasonable price for |
13 | | the commercial use of designated channel capacity by an |
14 | | unaffiliated person. This subsection (n) shall permit cable or |
15 | | video providers to enforce prospectively a written and |
16 | | published policy of prohibiting programming that the cable or |
17 | | video provider reasonably believes describes or depicts sexual |
18 | | or excretory activities or organs in a patently offensive |
19 | | manner as measured by contemporary community standards. |
20 | | (2) Upon customer request, the cable or video provider |
21 | | shall, without charge, fully scramble or otherwise fully |
22 | | block the audio and video programming of each channel |
23 | | carrying such programming so that a person who is not a |
24 | | subscriber does not receive the channel or programming. |
25 | | (3) In providing sexually explicit adult programming |
26 | | or other programming that is indecent on any channel of its |
|
| | 10000SB3131sam002 | - 22 - | LRB100 19958 SMS 37821 a |
|
|
1 | | service primarily dedicated to sexually oriented |
2 | | programming, the cable or video provider shall fully |
3 | | scramble or otherwise fully block the video and audio |
4 | | portion of such channel so that a person who is
not a |
5 | | subscriber to such channel or programming does not receive |
6 | | it. |
7 | | (4) Scramble means to rearrange the content of the |
8 | | signal of the programming so that the programming cannot be |
9 | | viewed or heard in an understandable manner. |
10 | | (o) Cable or video providers will maintain a listing, |
11 | | specific to the level of street address, of the areas where its |
12 | | cable or video services are available. Customers who inquire |
13 | | about purchasing cable or video service shall be informed about |
14 | | whether the cable or video provider's cable or video services |
15 | | are currently available to them at their specific location. |
16 | | (p) Cable or video providers shall not disclose the name, |
17 | | address, telephone number or other personally identifying |
18 | | information of a cable service or video service customer to be |
19 | | used in mailing lists or to be used for other commercial |
20 | | purposes not reasonably related to the conduct of its business |
21 | | unless the cable or video provider has provided to the customer |
22 | | a notice, separately or included in any other customer service |
23 | | notice, that clearly and conspicuously describes the |
24 | | customer's ability to prohibit the disclosure. Cable or video |
25 | | providers shall provide an address and telephone number for a |
26 | | customer to use without a toll charge to prevent disclosure of |
|
| | 10000SB3131sam002 | - 23 - | LRB100 19958 SMS 37821 a |
|
|
1 | | the customer's name and address in mailing lists or for other |
2 | | commercial purposes not reasonably related to the conduct of |
3 | | its business to other businesses or affiliates of the cable or |
4 | | video provider. Cable or video providers shall comply with the |
5 | | consumer privacy requirements of Section 26-4.5 of the Criminal |
6 | | Code of 2012, the Restricted Call Registry Act, and 47 U.S.C. |
7 | | 551 that are in effect as of June 30, 2007 (the effective date |
8 | | of Public Act 95-9)
and as amended thereafter. |
9 | | (q) Cable or video providers shall implement an informal |
10 | | process for handling inquiries from local units of government |
11 | | and customers concerning billing issues, service issues, |
12 | | privacy concerns, and other consumer complaints. In the event |
13 | | that an issue is not resolved through this informal process, a |
14 | | local unit of government or the customer may request nonbinding |
15 | | mediation with the cable or video provider, with each party to |
16 | | bear its own costs of such mediation. Selection of the mediator |
17 | | will be by mutual agreement, and preference will be given to |
18 | | mediation services that do not charge the consumer for their |
19 | | services. In the event that the informal process does not |
20 | | produce a satisfactory result to the customer or the local unit |
21 | | of government, enforcement may be pursued as provided in |
22 | | subdivision (4) of subsection (r) of this Section. |
23 | | (r) The Attorney General and the local unit of government |
24 | | may enforce all of the customer service and privacy protection |
25 | | standards of this Section with respect to complaints received |
26 | | from residents within the local unit of government's |
|
| | 10000SB3131sam002 | - 24 - | LRB100 19958 SMS 37821 a |
|
|
1 | | jurisdiction, but it may not adopt or seek to enforce any |
2 | | additional or different customer service or performance |
3 | | standards under any other authority or provision of law. |
4 | | (1) The local unit of government may, by ordinance, |
5 | | provide a schedule of penalties for any material breach of |
6 | | this Section by cable or video providers in addition to the |
7 | | penalties provided herein. No monetary penalties shall be |
8 | | assessed for a material breach if it is out of the |
9 | | reasonable control of the cable or video providers or its |
10 | | affiliate. Monetary penalties adopted in an ordinance |
11 | | pursuant to this Section shall apply on a competitively |
12 | | neutral basis to all providers of cable service or video |
13 | | service within the local unit of government's |
14 | | jurisdiction. In
no event shall the penalties imposed under |
15 | | this subsection (r) exceed $750 for each day of the |
16 | | material breach, and these penalties shall not exceed |
17 | | $25,000 for each occurrence of a material breach per |
18 | | customer. |
19 | | (2) For purposes of this Section, "material breach" |
20 | | means any substantial
failure of a cable or video service |
21 | | provider to comply with service quality and other standards |
22 | | specified in any provision of this Act. The Attorney |
23 | | General or the local unit of government shall give the |
24 | | cable or video provider written notice of any alleged |
25 | | material breaches of this Act and allow such provider at |
26 | | least 30 days from receipt of the notice to remedy the |
|
| | 10000SB3131sam002 | - 25 - | LRB100 19958 SMS 37821 a |
|
|
1 | | specified material breach. |
2 | | (3) A material breach, for the purposes of assessing |
3 | | penalties, shall be deemed to have occurred for each day |
4 | | that a material breach has not been remedied by the cable |
5 | | service or video service provider after the expiration of |
6 | | the period specified in subdivision (2) of this subsection |
7 | | (r)
in each local unit of government's jurisdiction, |
8 | | irrespective of the number of customers affected. |
9 | | (4) Any customer, the Attorney General, or a local unit |
10 | | of government may pursue alleged violations of this Act by |
11 | | the cable or video provider in a court of competent |
12 | | jurisdiction. A cable or video provider may seek judicial |
13 | | review of a decision of a local unit of government imposing |
14 | | penalties in a court of competent jurisdiction. No local |
15 | | unit of government shall be subject to suit for damages or |
16 | | other relief based upon its action in connection with its |
17 | | enforcement or review of any of the terms, conditions, and |
18 | | rights contained in this Act except a court may require the |
19 | | return of any penalty it finds was not properly assessed or |
20 | | imposed. |
21 | | (s) Cable or video providers shall credit customers for |
22 | | violations in the amounts stated herein. The credits shall be |
23 | | applied on the statement issued to the customer for the next |
24 | | monthly billing cycle following the violation or following the |
25 | | discovery of the violation. Cable or video providers are |
26 | | responsible for providing the credits described herein and the |
|
| | 10000SB3131sam002 | - 26 - | LRB100 19958 SMS 37821 a |
|
|
1 | | customer is under no obligation to request the credit. If the |
2 | | customer is no longer taking service from the cable or video |
3 | | provider, the credit amount will be refunded to the customer by |
4 | | check within 30 days of the termination of service. A local |
5 | | unit of government may, by ordinance, adopt a schedule of |
6 | | credits payable directly to customers for breach of the |
7 | | customer service standards and obligations contained in this |
8 | | Article, provided the schedule of customer credits applies on a |
9 | | competitively neutral basis to all providers of cable service |
10 | | or video service in the local unit of government's jurisdiction |
11 | | and the credits are not greater than the credits provided in |
12 | | this Section. |
13 | | (1) Failure to keep an appointment or to notify the |
14 | | customer prior to the close of business on the business day |
15 | | prior to the scheduled appointment: $25.00. |
16 | | (2) Violation of customer service and billing |
17 | | standards in subsections (c) and (d) of this Section: |
18 | | $25.00 per occurrence. |
19 | | (3) Violation of the bundling rules in subsection
(h) |
20 | | of this Section: $25.00 per month. |
21 | | (t) The enforcement powers granted to the Attorney General |
22 | | in Article XXI of this
Act shall apply to this Article, except |
23 | | that the Attorney General may not seek penalties for violation |
24 | | of this Article
other than in the amounts specified herein. |
25 | | Nothing in this Section shall limit or affect the powers of the |
26 | | Attorney General to enforce the provisions of Article XXI
of |
|
| | 10000SB3131sam002 | - 27 - | LRB100 19958 SMS 37821 a |
|
|
1 | | this
Act or the Consumer Fraud and Deceptive Business Practices |
2 | | Act. |
3 | | (u) This Article
applies to all cable and video providers |
4 | | in the State, including but not limited to those operating |
5 | | under a local franchise as that term is used in 47 U.S.C. |
6 | | 522(9), those operating under authorization pursuant to |
7 | | Section 11-42-11 of the Illinois Municipal Code, those |
8 | | operating under authorization pursuant to Section 5-1095 of the |
9 | | Counties Code, and those operating under a State-issued |
10 | | authorization pursuant to Article XXI of this
Act.
|
11 | | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; |
12 | | 98-45, eff. 6-28-13.)"; and |
13 | | on page 221, by deleting line 3; and |
14 | | on page 221, line 7, by deleting "9-244,".
|