Rep. Patrick J Verschoore
Filed: 5/8/2008
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1 | AMENDMENT TO HOUSE BILL 2074
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2 | AMENDMENT NO. ______. Amend House Bill 2074 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Public Utilities Act is amended by adding | ||||||
5 | Sections 13-905 and 13-905.5 and by changing Section 21-1101 as | ||||||
6 | follows: | ||||||
7 | (220 ILCS 5/13-905 new)
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8 | Sec. 13-905. Mandatory overtime by utility employees. | ||||||
9 | (a) A utility that has telecommunications access lines in | ||||||
10 | this State must maintain staffing levels, as they existed on | ||||||
11 | January 1, 2005, for employees who maintain and repair all | ||||||
12 | types of telecommunications access facilities, including cable | ||||||
13 | and auxiliary equipment. | ||||||
14 | (b) A utility that has telecommunications access lines in | ||||||
15 | this State shall not require mandatory overtime if staffing | ||||||
16 | levels fall below levels specified in subsection (a) of this |
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1 | Section, except in the case of catastrophic events, such as a | ||||||
2 | natural disaster or emergency situation declared by the State. | ||||||
3 | (c) If a utility that has telecommunications access lines | ||||||
4 | in this State believes that an emergency exists and that it | ||||||
5 | must require mandatory overtime, then the utility must provide | ||||||
6 | written notice to the Commission within 5 days after requiring | ||||||
7 | the mandatory overtime, detailing (i) the reason for the | ||||||
8 | mandatory overtime, (ii) the number of employees required to | ||||||
9 | work overtime, and (iii) the length or projected length of time | ||||||
10 | that overtime work was or is necessary. The utility must also | ||||||
11 | file notice with the Commission within 5 days after completing | ||||||
12 | mandatory overtime. | ||||||
13 | (d) If a utility that has telecommunications access lines | ||||||
14 | in this State violates this Section by either failing to file | ||||||
15 | notice with the Commission or by failing to comply with | ||||||
16 | subsection (a) of this Section and requires mandatory overtime | ||||||
17 | without necessity, then the company must pay a $10,000 fine to | ||||||
18 | the Commission for each employee that worked mandatory overtime | ||||||
19 | in violation of this Section. | ||||||
20 | (220 ILCS 5/13-905.5 new)
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21 | Sec. 13-905.5. Employee meetings; employer's opinion | ||||||
22 | prohibited. | ||||||
23 | (a) For purposes of this Section: | ||||||
24 | "Employee" means any person engaged in service to an | ||||||
25 | employer authorized to do business in this State under this |
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1 | Act. | ||||||
2 | "Employer" means a person engaged in business in the State | ||||||
3 | under this Act that has at least 150 employees. | ||||||
4 | "Labor organization" means any organization that exists | ||||||
5 | for the purpose, in whole or in part, of collective bargaining | ||||||
6 | or of dealing with employers concerning grievances, terms or | ||||||
7 | conditions of employment, or of other mutual aid or protection | ||||||
8 | in connection with employment. | ||||||
9 | (b) An employer shall not require an employee to attend a | ||||||
10 | meeting of which the primary purpose is to communicate the | ||||||
11 | employer's opinion concerning labor organizations. | ||||||
12 | (220 ILCS 5/21-1101) | ||||||
13 | (Section scheduled to be repealed on October 1, 2013) | ||||||
14 | Sec. 21-1101. Requirements to provide video services. | ||||||
15 | (a) The holder of a State-issued authorization shall not | ||||||
16 | deny access to cable service or video service to any potential | ||||||
17 | residential subscribers because of the race or income of the | ||||||
18 | residents in the local area in which the potential subscribers | ||||||
19 | reside. | ||||||
20 | (b) (1) If the holder is using telecommunications | ||||||
21 | facilities to provide cable or video service and has 1,000,000 | ||||||
22 | or less telecommunications access lines in this State, but more | ||||||
23 | than 300,000 telecommunications access lines in this State, the | ||||||
24 | holder shall provide : (1) Provide access to its cable or video | ||||||
25 | service to a number of households equal to at least 25% of its |
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1 | telecommunications access lines in this State within 3 years | ||||||
2 | after the date a holder receives a State-issued authorization | ||||||
3 | from the Commission and to a number not less than 35% of these | ||||||
4 | households within 5 years after the date a holder receives a | ||||||
5 | State-issued authorization from the Commission; provided , | ||||||
6 | however, that the holder of a State-issued authorization is not | ||||||
7 | required to meet the 35% requirement in this paragraph (1) | ||||||
8 | subsection until 2 years after at least 15% of the households | ||||||
9 | with access to the holder's video service subscribe to the | ||||||
10 | service for 6 consecutive months. The holder's obligation to | ||||||
11 | provide such access in the State shall be distributed, as the | ||||||
12 | holder determines, within 3 three different designated market | ||||||
13 | areas. | ||||||
14 | (2) Within 3 years after the date a holder receives a | ||||||
15 | State-issued authorization from the Commission , at least | ||||||
16 | 30% of the total households with access to the holder's | ||||||
17 | cable or video service shall be low-income. | ||||||
18 | Within each designated market area identified in | ||||||
19 | paragraph (1) of this subsection (b) (b)(1) , the holder's | ||||||
20 | obligation to offer service to low-income households shall | ||||||
21 | be measured by each exchange, as that term is defined in | ||||||
22 | Section 13-206 of this the Public Utilities Act, in which | ||||||
23 | the holder chooses to provide cable or video service. The | ||||||
24 | holder is under no obligation to serve or provide access to | ||||||
25 | an entire exchange; however, in addition to the statewide | ||||||
26 | obligation to provide low-income access provided by this |
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1 | Section, in each exchange in which the holder chooses to | ||||||
2 | provide cable or video service, the holder shall provide | ||||||
3 | access to a percentage of low-income households that is at | ||||||
4 | least equal to the percentage of the total low-income | ||||||
5 | households within that exchange. | ||||||
6 | (3) The number of telecommunication access lines in | ||||||
7 | this Section shall be based on the number of access lines | ||||||
8 | that exist as of June 30, 2007 ( the effective date of | ||||||
9 | Public Act 95-9) this amendatory Act of the 95th General | ||||||
10 | Assembly . | ||||||
11 | A holder of a State-issued authorization shall provide the | ||||||
12 | Commission with a service area footprint, as defined in | ||||||
13 | subsection (j) of Section 21-201 of this Article, or a list of | ||||||
14 | municipalities included in the service area footprint within 60 | ||||||
15 | days after receiving authorization or 60 days after the | ||||||
16 | effective date of this amendatory Act of the 95th General | ||||||
17 | Assembly, whichever is later. The information shall also be | ||||||
18 | provided to the public. If a holder of a State-issued | ||||||
19 | authorization deems the footprint to be proprietary | ||||||
20 | information or refuses to disclose a footprint or list of | ||||||
21 | municipalities, then the holder shall provide access to its | ||||||
22 | cable or video service to a number of households equal to at | ||||||
23 | least 50% of the households in the holder's telecommunications | ||||||
24 | service area in the State within 3 years after the date the | ||||||
25 | holder receives a State-issued authorization from the | ||||||
26 | Commission and to a number not less than 65% of these |
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1 | households within 5 years after the date the holder receives a | ||||||
2 | State-issued authorization from the Commission; provided, | ||||||
3 | however, that the holder of a State-issued authorization is not | ||||||
4 | required to meet the 65% requirement in subsection (c) of this | ||||||
5 | Section until 2 years after at least 15% of the households with | ||||||
6 | access to the holder's video service subscribe to the service | ||||||
7 | for 6 consecutive months. | ||||||
8 | (c) (1) If the holder of a State-issued authorization is | ||||||
9 | using telecommunications facilities to provide cable or video | ||||||
10 | service and has more than 1,000,000 telecommunications access | ||||||
11 | lines in this State, the holder shall provide : (1)(A) Provide | ||||||
12 | access to its cable or video service to a number of households | ||||||
13 | equal to at least 35% of the households in the holder's | ||||||
14 | telecommunications service area in the State within 3 years | ||||||
15 | after the date a holder receives a State-issued authorization | ||||||
16 | from the Commission and to a number not less than 50% of these | ||||||
17 | households within 5 years after the date a holder receives a | ||||||
18 | State-issued authorization from the Commission; provided , | ||||||
19 | however, that the holder of a State-issued authorization is not | ||||||
20 | required to meet the 50% requirement in this paragraph (1) | ||||||
21 | subsection until 2 years after at least 15% of the households | ||||||
22 | with access to the holder's video service subscribe to the | ||||||
23 | service for 6 consecutive months. | ||||||
24 | The holder's obligation to provide such access in the State | ||||||
25 | shall be distributed, as the holder determines, within 3 three | ||||||
26 | designated market areas, one in each of the northeastern, |
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1 | central , and southwestern portions of the holder's | ||||||
2 | telecommunications service area in the State. The designated | ||||||
3 | market area for the northeastern portion shall consist of 2 two | ||||||
4 | separate and distinct reporting areas: ( i) a city with more | ||||||
5 | than 1,000,000 inhabitants, and ( ii) all other local units of | ||||||
6 | government on a combined basis within such designated market | ||||||
7 | area in which it offers video service. A holder of a | ||||||
8 | State-issued authorization shall provide the Commission with a | ||||||
9 | service area footprint, as defined in subsection (j) of Section | ||||||
10 | 21-201 of this Article, or a list of municipalities included in | ||||||
11 | the service area footprint within 60 days after receiving | ||||||
12 | authorization or 60 days after the effective date of this | ||||||
13 | amendatory Act of the 95th General Assembly. The information | ||||||
14 | shall be provided to the public. If a holder of a State-issued | ||||||
15 | authorization deems the footprint to be proprietary | ||||||
16 | information or refuses to disclose a footprint or list of | ||||||
17 | municipalities, then the holder shall provide access to its | ||||||
18 | cable or video service to a number of households equal to at | ||||||
19 | least 50% of the households in the holder's telecommunications | ||||||
20 | service area in the State within 3 years after the date the | ||||||
21 | holder receives a State-issued authorization from the | ||||||
22 | Commission and to a number not less than 65% of these | ||||||
23 | households within 5 years after the date the holder receives a | ||||||
24 | State-issued authorization from the Commission; provided, | ||||||
25 | however, that the holder of a State-issued authorization is not | ||||||
26 | required to meet the 65% requirement in this subsection (c) |
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1 | until 2 years after at least 15% of the households with access | ||||||
2 | to the holder's video service subscribe to the service for 6 | ||||||
3 | consecutive months. | ||||||
4 | (B) If any state, in which a holder subject to this | ||||||
5 | subsection (c) or one of its affiliates provides or seeks to | ||||||
6 | provide cable or video service, adopts a law permitting | ||||||
7 | state-issued authorization or statewide franchises to provide | ||||||
8 | cable or video service that requires a cable or video provider | ||||||
9 | to offer service to more than 35% of the households in the | ||||||
10 | cable or video provider's service area in that state within 3 | ||||||
11 | years, holders subject to this subsection (c) shall provide | ||||||
12 | service in this State to the same percentage of households | ||||||
13 | within 3 years of adoption of such law in that state. | ||||||
14 | Furthermore, if any state, in which a holder subject to | ||||||
15 | this subsection (c) or one of its affiliates provides or seeks | ||||||
16 | to provide cable or video service, adopts a law requiring a | ||||||
17 | holder of a state-issued authorization or statewide franchises | ||||||
18 | to offer cable or video service to more than 35% of its | ||||||
19 | households if less than 15% of the households with access to | ||||||
20 | the holder's video service subscribe to the service for 6 | ||||||
21 | consecutive months, then as a precondition to further | ||||||
22 | build-out, holders subject to this subsection (c) shall be | ||||||
23 | subject to the same percentage of service subscription in | ||||||
24 | meeting its obligation to provide service to 50% of the | ||||||
25 | households in this State.
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26 | (2) Within 3 years after the date a holder receives a |
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1 | State-issued authorization from the Commission , at least | ||||||
2 | 30% of the total households with access to the holder's | ||||||
3 | cable or video service shall be low-income. | ||||||
4 | Within each designated market area listed in paragraph | ||||||
5 | (1) of this subsection (c) (c)(1) , the holder's obligation | ||||||
6 | to offer service to low-income households shall be measured | ||||||
7 | by each exchange, as that term is defined in Section 13-206 | ||||||
8 | of this the Public Utilities Act in which the holder | ||||||
9 | chooses to provide cable or video service. The holder is | ||||||
10 | under no obligation to serve or provide access to an entire | ||||||
11 | exchange; however, in addition to the statewide obligation | ||||||
12 | to provide low-income access provided by this Section, in | ||||||
13 | each exchange in which the holder chooses to provide cable | ||||||
14 | or video service, the holder shall provide access to a | ||||||
15 | percentage of low-income households that is at least equal | ||||||
16 | to the percentage of the total low-income households within | ||||||
17 | that exchange. | ||||||
18 | (d)(1) All other holders shall only provide access to one | ||||||
19 | or more exchanges, as that term is defined in Section 13-206 of | ||||||
20 | this the Public Utilities Act, or to local units of government | ||||||
21 | and shall provide access to their cable or video service to a | ||||||
22 | number of households equal to 35% of the households in the | ||||||
23 | exchange or local unit of government within 3 years after the | ||||||
24 | date a holder receives a State-issued authorization from the | ||||||
25 | Commission and to a number not less than 50% of these | ||||||
26 | households within 5 years after the date a holder receives a |
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1 | State-issued authorization from the Commission, provided , | ||||||
2 | however, that if the holder is an incumbent cable operator or | ||||||
3 | any successor-in-interest company, it shall be obligated to | ||||||
4 | provide access to cable or video services within the | ||||||
5 | jurisdiction of a local unit of government at the same levels | ||||||
6 | required by the local franchising authorities for that local | ||||||
7 | unit of government on June 30, 2007 ( the effective date of | ||||||
8 | Public Act 95-9) this amendatory Act of the 95th General | ||||||
9 | Assembly . | ||||||
10 | (2) Within 3 years after the date a holder receives a | ||||||
11 | State-issued authorization from the Commission, at least | ||||||
12 | 30% of the total households with access to the holder's | ||||||
13 | cable or video service shall be low-income. | ||||||
14 | Within each designated exchange, as that term is | ||||||
15 | defined in Section 13-206 of this the Public Utilities Act, | ||||||
16 | or local unit of government listed in paragraph (1) of this | ||||||
17 | subsection (d) (d)(1) , the holder's obligation to offer | ||||||
18 | service to low-income households shall be measured by each | ||||||
19 | exchange or local unit of government in which the holder | ||||||
20 | chooses to provide cable or video service. Except as | ||||||
21 | provided in paragraph (1) of this subsection (d) (d)(1) , | ||||||
22 | the holder is under no obligation to serve or provide | ||||||
23 | access to an entire exchange or local unit of government; | ||||||
24 | however, in addition to the statewide obligation to provide | ||||||
25 | low-income access provided by this Section, in each | ||||||
26 | exchange or local unit of government in which the holder |
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1 | chooses to provide cable or video service, the holder shall | ||||||
2 | provide access to a percentage of low-income households | ||||||
3 | that is at least equal to the percentage of the total | ||||||
4 | low-income households within that exchange or local unit of | ||||||
5 | government. | ||||||
6 | A holder of a State-issued authorization shall provide | ||||||
7 | the Commission with a service area footprint, as defined in | ||||||
8 | subsection (j) of Section 21-201 of this Article, or a list | ||||||
9 | of municipalities included in the service area footprint | ||||||
10 | within 60 days after receiving authorization or 60 days | ||||||
11 | after the effective date of this amendatory Act of the 95th | ||||||
12 | General Assembly. The information shall be provided to the | ||||||
13 | public. If a holder of a State-issued authorization deems | ||||||
14 | the footprint to be proprietary information or refuses to | ||||||
15 | disclose a footprint or list of municipalities, then the | ||||||
16 | holder shall provide access to its cable or video service | ||||||
17 | to a number of households equal to at least 50% of the | ||||||
18 | households in the holder's telecommunications service area | ||||||
19 | in the State within 3 years after the date the holder | ||||||
20 | receives a State-issued authorization from the Commission | ||||||
21 | and to a number not less than 65% of these households | ||||||
22 | within 5 years after the date the holder receives a | ||||||
23 | State-issued authorization from the Commission; provided, | ||||||
24 | however, that the holder of a State-issued authorization is | ||||||
25 | not required to meet the 65% requirement in subsection (c) | ||||||
26 | of this Section until 2 years after at least 15% of the |
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1 | households with access to the holder's video service | ||||||
2 | subscribe to the service for 6 consecutive months. | ||||||
3 | (e) A holder subject to subsection (c) of this Section | ||||||
4 | 21-1101(c) shall provide wireline broadband service, defined | ||||||
5 | as wireline service , capable of supporting, in at least one | ||||||
6 | direction, a speed in excess of 200 kilobits per second (kbps), | ||||||
7 | to the network demarcation point at the subscriber's premises, | ||||||
8 | to a number of households equal to 90% of the households in the | ||||||
9 | holder's telecommunications service area by December 31, 2008, | ||||||
10 | or shall pay within 30 days of December 31, 2008 a sum of | ||||||
11 | $15,000,000 to the Digital Divide Elimination Infrastructure | ||||||
12 | Fund established pursuant to Section 13-301.3 of Article XIII | ||||||
13 | of this Act, or any successor fund established by the General | ||||||
14 | Assembly. In that event the holder is required to make a | ||||||
15 | payment pursuant to this subsection (e) , the holder shall have | ||||||
16 | no further accounting for this payment, which shall be used in | ||||||
17 | any part of the State for the purposes established in the | ||||||
18 | Digital Divide Elimination Infrastructure Fund or for | ||||||
19 | broadband deployment. | ||||||
20 | (f) The holder of a State-issued authorization may satisfy | ||||||
21 | the requirements of subsections (b), (c) , and (d) of this | ||||||
22 | Section through the use of any technology, which shall not | ||||||
23 | include direct-to-home satellite service, that offers service, | ||||||
24 | functionality, and content that , which is demonstrably similar | ||||||
25 | to that provided through the holder's video service system. | ||||||
26 | (g) In any investigation into or complaint alleging that |
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1 | the holder of a State-issued authorization has failed to meet | ||||||
2 | the requirements of this Section, the following factors may be | ||||||
3 | considered in justification or mitigation or as justification | ||||||
4 | for an extension of time to meet the requirements of | ||||||
5 | subsections (b), (c) , and (d) of this Section: | ||||||
6 | (1) The inability to obtain access to public and | ||||||
7 | private rights-of-way under reasonable terms and | ||||||
8 | conditions. | ||||||
9 | (2) Barriers to competition arising from existing | ||||||
10 | exclusive service arrangements in developments or | ||||||
11 | buildings. | ||||||
12 | (3) The inability to access developments or buildings | ||||||
13 | using reasonable technical solutions under commercially | ||||||
14 | reasonable terms and conditions. | ||||||
15 | (4) Natural disasters. | ||||||
16 | (5) Other factors beyond the control of the holder. | ||||||
17 | (h) If the holder relies on the factors identified in | ||||||
18 | subsection (g) of this Section in response to an investigation | ||||||
19 | or complaint, the holder shall demonstrate the following : | ||||||
20 | (1) what substantial effort the holder of a | ||||||
21 | State-issued authorization has taken to meet the | ||||||
22 | requirements of subsection subsections (a), (b) , or (c) of | ||||||
23 | this Section; | ||||||
24 | (2) which portions of subsection (g) of this Section | ||||||
25 | apply; and | ||||||
26 | (3) the number of days it has been delayed or the |
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1 | requirements it cannot perform as a consequence of | ||||||
2 | subsection (g) of this Section. | ||||||
3 | (i) The factors in subsection (g) of this Section may be | ||||||
4 | considered by the Attorney General or by a court of competent | ||||||
5 | jurisdiction in determining whether the holder is in violation | ||||||
6 | of this Article. | ||||||
7 | (j) Every holder of a State-issued authorization, no later | ||||||
8 | than April 1, 2009, and annually no later than April 1 | ||||||
9 | thereafter, shall report to the Commission for each of the | ||||||
10 | service areas as described in subsections (b), (c) , and (d) of | ||||||
11 | this Section in which it provides access to its video service | ||||||
12 | in the State, the following information: | ||||||
13 | (1) Cable service and video service information: | ||||||
14 | (A) The number of households in the holder's | ||||||
15 | telecommunications service area within each designated | ||||||
16 | market area as described in subsections (b) and (c) of | ||||||
17 | this Section or exchange or local unit of government as | ||||||
18 | described in subsection (d) of this Section in which it | ||||||
19 | offers video service. | ||||||
20 | (B) The number of households in the holder's | ||||||
21 | telecommunications service area within each designated | ||||||
22 | market area as described in subsections (b) and (c) of | ||||||
23 | this Section or exchange or local unit of government as | ||||||
24 | described in subsection (d) of this Section that are | ||||||
25 | offered access to video service by the holder. | ||||||
26 | (C) The number of households in the holder's |
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1 | telecommunications service area in the State. | ||||||
2 | (D) The number of households in the holder's | ||||||
3 | telecommunications service area in the State that are | ||||||
4 | offered access to video service by the holder. | ||||||
5 | (2) Low-income household information: | ||||||
6 | (A) The number of low-income households in the | ||||||
7 | holder's telecommunications service area within each | ||||||
8 | designated market area as described in subsections (b) | ||||||
9 | and (c) of this Section, as further identified in terms | ||||||
10 | of exchanges, or exchange or local unit of government | ||||||
11 | as described in subsection (d) of this Section , in | ||||||
12 | which it offers video service. | ||||||
13 | (B) The number of low-income households in the | ||||||
14 | holder's telecommunications service area within each | ||||||
15 | designated market area as described in subsections (b) | ||||||
16 | and (c) of this Section, as further identified in terms | ||||||
17 | of exchanges, or exchange or local unit of government | ||||||
18 | as described in subsection (d) of this Section in the | ||||||
19 | State , that are offered access to video service by the | ||||||
20 | holder. | ||||||
21 | (C) The number of low-income households in the | ||||||
22 | holder's telecommunications service area in the State. | ||||||
23 | (D) The number of low-income households in the | ||||||
24 | holder's telecommunications service area in the State | ||||||
25 | that are offered access to video service by the holder. | ||||||
26 | (k) The Commission, within 30 days of receiving the first |
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1 | report from holders under this Section, and annually no later | ||||||
2 | than July 1 thereafter, shall submit to the General Assembly a | ||||||
3 | report that includes, based on year-end data, the information | ||||||
4 | submitted by holders pursuant to subdivisions (1) and (2) of | ||||||
5 | subsection (j) subsections (j)(1) and (j)(2) of this Section. | ||||||
6 | The Commission shall make this report available to any member | ||||||
7 | of the public or any local unit of government upon request. All | ||||||
8 | information submitted to the Commission and designated by | ||||||
9 | holders as confidential and proprietary shall be subject to the | ||||||
10 | disclosure provisions in subsection (c) of Section 21-401 of | ||||||
11 | this Act 21-401(c) . No individually identifiable customer | ||||||
12 | information shall be subject to public disclosure.
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13 | (Source: P.A. 95-9, eff. 6-30-07; revised 7-9-07.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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