093_HB3224

 
                                     LRB093 07731 JLS 07919 b

 1        AN ACT concerning telecommunications.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.   The  Public  Utilities  Act  is  amended  by
 5    changing Section 13-801 as follows:

 6        (220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
 7        (Section scheduled to be repealed on July 1, 2005)
 8        Sec.    13-801.  Incumbent    local    exchange   carrier
 9    obligations.
10        (a)  This Section provides additional State  requirements
11    contemplated by, but not inconsistent with, Section 261(c) of
12    the federal Telecommunications Act of 1996, and not preempted
13    by   orders  of  the  Federal  Communications  Commission.  A
14    telecommunications carrier not subject to regulation under an
15    alternative regulation plan pursuant to Section  13-506.1  of
16    this  Act  shall  not  be  subject  to the provisions of this
17    Section, to the extent that this Section imposes requirements
18    or  obligations  upon  the  telecommunications  carrier  that
19    exceed or are more stringent than those  obligations  imposed
20    by  Section 251 of the federal Telecommunications Act of 1996
21    and regulations promulgated thereunder.
22        An incumbent  local  exchange  carrier  shall  provide  a
23    requesting  telecommunications  carrier with interconnection,
24    collocation,  network  elements,  and  access  to  operations
25    support systems on just,  reasonable,  and  nondiscriminatory
26    rates,  terms,  and conditions to enable the provision of any
27    and all existing and new telecommunications  services  within
28    the  LATA,  including, but not limited to, local exchange and
29    exchange access.  The Commission shall require the  incumbent
30    local    exchange   carrier   to   provide   interconnection,
31    collocation, and network elements in any  manner  technically
 
                            -2-      LRB093 07731 JLS 07919 b
 1    feasible  to  the  fullest  extent  possible to implement the
 2    maximum   development   of   competitive   telecommunications
 3    services offerings. As used in this Section,  to  the  extent
 4    that  interconnection,  collocation, or network elements have
 5    been deployed for or by the incumbent local exchange  carrier
 6    or  one  of  its  wireline  local  exchange affiliates in any
 7    jurisdiction, it shall be presumed that such  is  technically
 8    feasible in Illinois.
 9        (b)  Interconnection.
10             (1)  An   incumbent  local  exchange  carrier  shall
11        provide  for  the  facilities  and   equipment   of   any
12        requesting  telecommunications  carrier's interconnection
13        with the incumbent local exchange  carrier's  network  on
14        just, reasonable, and nondiscriminatory rates, terms, and
15        conditions:
16                  (A)  for  the transmission and routing of local
17             exchange,  and  exchange  access  telecommunications
18             services;
19                  (B)  at any technically feasible  point  within
20             the  incumbent  local  exchange  carrier's  network;
21             however,  the  incumbent  local exchange carrier may
22             not require the requesting carrier  to  interconnect
23             at more than one technically feasible point within a
24             LATA; and
25                  (C)  that  is  at  least  equal  in quality and
26             functionality to  that  provided  by  the  incumbent
27             local   exchange   carrier   to  itself  or  to  any
28             subsidiary, affiliate, or any other party  to  which
29             the   incumbent   local  exchange  carrier  provides
30             interconnection.
31             (2)  An incumbent local exchange carrier shall  make
32        available  to  any requesting telecommunications carrier,
33        to  the  extent  technically  feasible,  those  services,
34        facilities, or interconnection agreements or arrangements
 
                            -3-      LRB093 07731 JLS 07919 b
 1        that the incumbent local exchange carrier or any  of  its
 2        incumbent   local  exchange  subsidiaries  or  affiliates
 3        offers in another state under the terms  and  conditions,
 4        but  not the stated rates, negotiated pursuant to Section
 5        252 of the federal Telecommunications Act of 1996.  Rates
 6        shall be established in accordance with the  requirements
 7        of  subsection  (g)  of this Section.  An incumbent local
 8        exchange  carrier  shall  also  make  available  to   any
 9        requesting  telecommunications  carrier,  to  the  extent
10        technically  feasible,  and  subject  to  the  unbundling
11        provisions   of   Section   251(d)(2)   of   the  federal
12        Telecommunications Act of 1996, those  unbundled  network
13        element  or  interconnection  agreements  or arrangements
14        that a local exchange carrier affiliate of the  incumbent
15        local  exchange carrier obtains in another state from the
16        incumbent local exchange carrier in that state, under the
17        terms and conditions, but not the stated rates,  obtained
18        through  negotiation, or through an arbitration initiated
19        by the affiliate, pursuant to Section 252 of the  federal
20        Telecommunications   Act   of   1996.   Rates   shall  be
21        established  in  accordance  with  the  requirements   of
22        subsection (g) of this Section.
23             (3)  In  every  exchange  where  the incumbent local
24        exchange   carrier   has   received   a    request    for
25        interconnection  pursuant  to  Section 251 of the federal
26        Telecommunications Act or  this  Section,  the  end  user
27        shall  have  the  right  to  select  its  local  exchange
28        provider pursuant to the provisions of this subsection.
29                  (A)  Within 90 days after the effective date of
30             the  interconnection  agreement, the incumbent local
31             exchange provider shall provide written  information
32             that  has  been  approved  by  the Commission to all
33             residential end users describing the availability of
34             alternative   local   exchange    telecommunications
 
                            -4-      LRB093 07731 JLS 07919 b
 1             service.    For   the  purpose  of  this  provision,
 2             "alternative   local   exchange   telecommunications
 3             service"  is   local   exchange   telecommunications
 4             service  provided  by  a  telecommunications service
 5             provider other than  the  incumbent  local  exchange
 6             service provider.
 7                  (B)  Where interconnection agreements have been
 8             executed  and  approved  more than 180 days prior to
 9             the effective date of this  amendatory  Act  of  the
10             93rd  General Assembly, the incumbent local exchange
11             carrier shall  furnish  customers  with  information
12             that  provides  clear  directions and forms to allow
13             customers to select their local exchange provider.
14                  (C)  In the case of residential end  users  who
15             commence   service  more  than  90  days  after  the
16             alternative   local   exchange    service    becomes
17             available,  the customers shall be informed of their
18             carrier selection options at  the  time  service  is
19             requested and required to select their interLATA and
20             their  intraLATA  primary  carriers  in  addition to
21             their local exchange providers.
22             (4)  In every exchange  where  the  incumbent  local
23        exchange carrier is subject to Section 271 of the federal
24        Telecommunications  Act  and  has  requested and received
25        permission from  the  Federal  Communications  Commission
26        ("FCC")  to  provide  long  distance  service within this
27        State, the incumbent local exchange  carrier  shall  make
28        available   electronic   loop  provisioning  between  the
29        residential end user and  the  incumbent  local  exchange
30        carrier's network.
31        (c)  Collocation.  An  incumbent  local  exchange carrier
32    shall provide for physical or virtual collocation of any type
33    of  equipment  for  interconnection  or  access  to   network
34    elements  at  the  premises  of  the incumbent local exchange
 
                            -5-      LRB093 07731 JLS 07919 b
 1    carrier on just,  reasonable,  and  nondiscriminatory  rates,
 2    terms,  and  conditions.  The equipment shall include, but is
 3    not limited to, optical transmission equipment, multiplexers,
 4    remote switching  modules,  and  cross-connects  between  the
 5    facilities  or  equipment  of other collocated carriers.  The
 6    equipment   shall   also   include   microwave   transmission
 7    facilities on the exterior  and  interior  of  the  incumbent
 8    local  exchange  carrier's  premises used for interconnection
 9    to, or for access to network elements of, the incumbent local
10    exchange  carrier  or  a  collocated  carrier,   unless   the
11    incumbent   local   exchange   carrier  demonstrates  to  the
12    Commission that it is not practical due to technical  reasons
13    or  space  limitations.   An incumbent local exchange carrier
14    shall allow, and provide for, the most reasonably direct  and
15    efficient cross-connects, that are consistent with safety and
16    network  reliability  standards,  between  the  facilities of
17    collocated carriers.  An  incumbent  local  exchange  carrier
18    shall  also  allow, and provide for, cross connects between a
19    noncollocated telecommunications carrier's  network  elements
20    platform,  or  a  noncollocated  telecommunications carrier's
21    transport facilities, and the facilities  of  any  collocated
22    carrier,  consistent  with  safety  and  network  reliability
23    standards.
24        (d)  Network  elements.   The  incumbent  local  exchange
25    carrier  shall  provide  to any requesting telecommunications
26    carrier,  for  the  provision  of  an  existing  or   a   new
27    telecommunications   service,   nondiscriminatory  access  to
28    network elements  on  any  unbundled  or  bundled  basis,  as
29    requested,   at  any  technically  feasible  point  on  just,
30    reasonable,   and   nondiscriminatory   rates,   terms,   and
31    conditions.
32             (1)  An  incumbent  local  exchange  carrier   shall
33        provide  unbundled  network  elements  in  a  manner that
34        allows requesting telecommunications carriers to  combine
 
                            -6-      LRB093 07731 JLS 07919 b
 1        those  network  elements  to provide a telecommunications
 2        service.
 3             (2)  An incumbent local exchange carrier  shall  not
 4        separate  network  elements  that are currently combined,
 5        except  at  the  explicit  direction  of  the  requesting
 6        carrier.
 7             (3)  Upon  request,  an  incumbent  local   exchange
 8        carrier  shall  combine any sequence of unbundled network
 9        elements  that  it  ordinarily   combines   for   itself,
10        including  but not limited to, unbundled network elements
11        identified  in  The  Draft  of  the  Proposed   Ameritech
12        Illinois  271  Amendment  (I2A)  found  in Schedule SJA-4
13        attached to Exhibit 3.1 filed by Illinois Bell  Telephone
14        Company  on  or  about  March  28, 2001 with the Illinois
15        Commerce Commission under  Illinois  Commerce  Commission
16        Docket  Number  00-0700.   The Commission shall determine
17        those  network  elements  the  incumbent  local  exchange
18        carrier ordinarily combines for  itself  if  there  is  a
19        dispute  between the incumbent local exchange carrier and
20        the  requesting  telecommunications  carrier  under  this
21        subdivision of this Section of this Act.
22             The  incumbent  local  exchange  carrier  shall   be
23        entitled     to     recover     from    the    requesting
24        telecommunications  carrier  any  just   and   reasonable
25        special  construction  costs  incurred  in combining such
26        unbundled network elements (i)  if  such  costs  are  not
27        already  included  in  the established price of providing
28        the  network  elements,  (ii)  if  the  incumbent   local
29        exchange   carrier  charges  such  costs  to  its  retail
30        telecommunications  end  users,  and   (iii)   if   fully
31        disclosed in advance to the requesting telecommunications
32        carrier.   The  Commission  shall  determine  whether the
33        incumbent local  exchange  carrier  is  entitled  to  any
34        special  construction costs if there is a dispute between
 
                            -7-      LRB093 07731 JLS 07919 b
 1        the incumbent local exchange carrier and  the  requesting
 2        telecommunications carrier under this subdivision of this
 3        Section of this Act.
 4             (4)  A  telecommunications carrier may use a network
 5        elements platform consisting solely of  combined  network
 6        elements  of  the  incumbent  local  exchange  carrier to
 7        provide end to end  telecommunications  service  for  the
 8        provision   of   existing   and   new   local   exchange,
 9        interexchange   that  includes  local,  local  toll,  and
10        intraLATA toll, and  exchange  access  telecommunications
11        services  within  the  LATA  to its end users or payphone
12        service     providers     without     the      requesting
13        telecommunications  carrier's  provision  or  use  of any
14        other facilities or functionalities.
15             (5)  The Commission  shall  establish  maximum  time
16        periods   for  the  incumbent  local  exchange  carrier's
17        provision of  network elements.  The maximum time  period
18        shall be no longer than the time period for the incumbent
19        local  exchange  carrier's provision of comparable retail
20        telecommunications  services  utilizing   those   network
21        elements.  The  Commission  may  establish a maximum time
22        period for a particular network element that  is  shorter
23        than  for  a comparable retail telecommunications service
24        offered by the incumbent  local  exchange  carrier  if  a
25        requesting   telecommunications  carrier establishes that
26        it shall perform  other  functions  or  activities  after
27        receipt  of  the  particular  network  element to provide
28        telecommunications services to end users.  The burden  of
29        proof  for  establishing  a  maximum  time  period  for a
30        particular network element that is  shorter  than  for  a
31        comparable  retail  telecommunications service offered by
32        the incumbent local exchange  carrier  shall  be  on  the
33        requesting  telecommunications  carrier.  Notwithstanding
34        any other provision of this Article, unless and until the
 
                            -8-      LRB093 07731 JLS 07919 b
 1        Commission  establishes  by  rule  or  order  a different
 2        specific  maximum  time  interval,   the   maximum   time
 3        intervals  shall  not  exceed  5  business  days  for the
 4        provision of unbundled loops, both digital and analog, 10
 5        business days for the conditioning of unbundled loops  or
 6        for  existing combinations of network elements for an end
 7        user that has existing local exchange  telecommunications
 8        service,  and  one  business day for the provision of the
 9        high frequency portion of the loop (line-sharing) for  at
10        least   95%   of   the   requests   of   each  requesting
11        telecommunications carrier for each month.
12             In measuring the incumbent local exchange  carrier's
13        actual  performance,  the  Commission  shall  ensure that
14        occurrences beyond the control  of  the  incumbent  local
15        exchange  carrier  that  adversely  affect  the incumbent
16        local exchange carrier's performance  are  excluded  when
17        determining  actual performance levels.  Such occurrences
18        shall be determined by the Commission, but at  a  minimum
19        must  include  work  stoppage  or other labor actions and
20        acts  of  war.   Exclusions  shall  also  be   made   for
21        performance  that  is  governed by agreements approved by
22        the Commission and containing timeframes for the same  or
23        similar    measures    or    for    when   a   requesting
24        telecommunications  carrier  requests   a   longer   time
25        interval.
26             (6)  When  a  telecommunications  carrier requests a
27        network elements  platform  referred  to  in  subdivision
28        (d)(4)  of  this Section, without the need for field work
29        outside of the central office, for an end user  that  has
30        existing   local   exchange   telecommunications  service
31        provided by an incumbent local exchange  carrier,  or  by
32        another  telecommunications carrier through the incumbent
33        local  exchange  carrier's  network  elements   platform,
34        unless   otherwise   agreed   by  the  telecommunications
 
                            -9-      LRB093 07731 JLS 07919 b
 1        carriers, the  incumbent  local  exchange  carrier  shall
 2        provide  the  requesting  telecommunications carrier with
 3        the requested network elements platform within 3 business
 4        days for at least 95% of the requests for each requesting
 5        telecommunications carrier for each month.  A  requesting
 6        telecommunications carrier may order the network elements
 7        platform  as  is  for  an end user that has such existing
 8        local  exchange  service  without  changing  any  of  the
 9        features  previously  selected  by  the  end  user.   The
10        incumbent  local  exchange  carrier  shall  provide   the
11        requested   network   elements   platform   without   any
12        disruption to the end user's services.
13             Absent    a    contrary    agreement   between   the
14        telecommunications  carriers  entered  into   after   the
15        effective date of this amendatory Act of the 92nd General
16        Assembly,  as  of  12:01  a.m.  on the third business day
17        after placing the order for a network elements  platform,
18        the  requesting  telecommunications  carrier shall be the
19        presubscribed primary local exchange carrier for that end
20        user line and shall be entitled to receive, or to  direct
21        the   disposition  of,  all  revenues  for  all  services
22        utilizing the network elements in the platform, unless it
23        is established that the end user of  the  existing  local
24        exchange   service   did  not  authorize  the  requesting
25        telecommunications carrier to make the request.
26        (e)  Operations support systems.   The  Commission  shall
27    establish   minimum  standards  with  just,  reasonable,  and
28    nondiscriminatory  rates,  terms,  and  conditions  for   the
29    preordering,  ordering, provisioning, maintenance and repair,
30    and  billing  functions  of  the  incumbent  local   exchange
31    carrier's   operations  support  systems  provided  to  other
32    telecommunications carriers.  In  every  exchange  where  the
33    incumbent local exchange carrier is subject to Section 271 of
34    the  federal  Telecommunications  Act  and  has requested and
 
                            -10-     LRB093 07731 JLS 07919 b
 1    received   permission   from   the   Federal   Communications
 2    Commission ("FCC") to provide long  distance  service  within
 3    this  State,  the incumbent local exchange carrier shall make
 4    available   electronic   loop   provisioning   between    the
 5    residential   end  user  and  the  incumbent  local  exchange
 6    carrier's network.
 7        (f)  Resale.  An incumbent local exchange  carrier  shall
 8    offer   all  retail  telecommunications  services,  that  the
 9    incumbent  local  exchange  carrier  provides  at  retail  to
10    subscribers who are not telecommunications  carriers,  within
11    the  LATA,  together with each applicable optional feature or
12    functionality, subject to resale at wholesale  rates  without
13    imposing  any  unreasonable  or  discriminatory conditions or
14    limitations. Wholesale rates shall be  based  on  the  retail
15    rates charged to end users for the telecommunications service
16    requested,  excluding the portion thereof attributable to any
17    marketing, billing, collection, and other  costs  avoided  by
18    the  local  exchange  carrier.  The  Commission may determine
19    under Article IX of  this  Act  that  certain  noncompetitive
20    services,  together  with each applicable optional feature or
21    functionality, that are offered to residence customers  under
22    different  rates, charges, terms, or conditions than to other
23    customers should not be subject to resale  under  the  rates,
24    charges,  terms,  or  conditions  available only to residence
25    customers.
26        (g)  Cost  based  rates.  Interconnection,   collocation,
27    network  elements,  and  operations  support systems shall be
28    provided  by  the  incumbent  local   exchange   carrier   to
29    requesting  telecommunications  carriers at cost based rates.
30    The   immediate   implementation    and    provisioning    of
31    interconnection,    collocation,    network   elements,   and
32    operations support systems shall not be delayed  due  to  any
33    lack  of determination by the Commission as to the cost based
34    rates.  When cost based  rates  have  not  been  established,
 
                            -11-     LRB093 07731 JLS 07919 b
 1    within 30 days after the filing of a petition for the setting
 2    of  interim  rates, or after the Commission's own motion, the
 3    Commission shall provide for interim rates that shall  remain
 4    in   full   force  and  effect  until  the  cost  based  rate
 5    determination is made, or the interim rate  is  modified,  by
 6    the Commission.
 7        (h)  Rural  exemption.  This  Section  does  not apply to
 8    certain rural telephone companies as described in  47  U.S.C.
 9    251(f).
10        (i)  Schedule  of rates. A telecommunications carrier may
11    request the incumbent local exchange  carrier  to  provide  a
12    schedule  of  rates  listing each of the rate elements of the
13    incumbent local exchange carrier that pertains to a  proposed
14    order identified by the requesting telecommunications carrier
15    for  any  of  the  matters  covered  in  this  Section.   The
16    incumbent  local exchange carrier shall deliver the requested
17    schedule  of  rates  to  the  requesting   telecommunications
18    carrier  within  2  business days for 95% of the requests for
19    each requesting carrier
20        (j)  Special access circuits.  Other than as provided  in
21    subdivision  (d)(4)  of this Section for the network elements
22    platform described  in  that  subdivision,  nothing  in  this
23    amendatory  Act  of  the 92nd General Assembly is intended to
24    require or prohibit the substitution of switched  or  special
25    access  services by or with a combination of network elements
26    nor address the Illinois Commerce  Commission's  jurisdiction
27    or authority in this area.
28        (k)  The   Commission  shall  determine  any  matters  in
29    dispute between the incumbent local exchange carrier and  the
30    requesting carrier pursuant to Section 13-515 of this Act.
31    (Source: P.A. 92-22, eff. 6-30-01.)