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1 | AN ACT concerning regulation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Public Utilities Act is amended by changing | |||||||||||||||||||
5 | Section 13-406.1 as follows: | |||||||||||||||||||
6 | (220 ILCS 5/13-406.1) | |||||||||||||||||||
7 | (Section scheduled to be repealed on December 31, 2020) | |||||||||||||||||||
8 | Sec. 13-406.1. Large Electing Provider transition to | |||||||||||||||||||
9 | IP-based networks and service. | |||||||||||||||||||
10 | (a) As used in this Section: | |||||||||||||||||||
11 | "Alternative voice service" means service that includes | |||||||||||||||||||
12 | all of the applicable functionalities for voice telephony | |||||||||||||||||||
13 | services described in 47 CFR 54.101(a). | |||||||||||||||||||
14 | "Existing customer" means a residential customer of the | |||||||||||||||||||
15 | Large Electing Provider who is subscribing to a | |||||||||||||||||||
16 | telecommunications service on the date the Large Electing | |||||||||||||||||||
17 | Provider sends its notice under paragraph (1) of subsection (c) | |||||||||||||||||||
18 | of this Section of its intent to cease offering and providing | |||||||||||||||||||
19 | service. For purposes of this Section, a residential customer | |||||||||||||||||||
20 | of the Large Electing Provider whose service has been | |||||||||||||||||||
21 | temporarily suspended, but not finally terminated as of the | |||||||||||||||||||
22 | date that the Large Electing Provider sends that notice, shall | |||||||||||||||||||
23 | be deemed to be an "existing customer". |
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1 | "Large Electing Provider" means an Electing Provider, as | ||||||
2 | defined in Section 13-506.2 of this Act, that (i) reported in | ||||||
3 | its annual competition report for the year 2016 filed with the | ||||||
4 | Commission under Section 13-407 of this Act and 83 Ill. Adm. | ||||||
5 | Code 793 that it provided at least 700,000 access lines to end | ||||||
6 | users; and (ii) is affiliated with a provider of commercial | ||||||
7 | mobile radio service, as defined in 47 CFR 20.3, as of January | ||||||
8 | 1, 2017. | ||||||
9 | "New customer" means a residential customer who is not | ||||||
10 | subscribing to a telecommunications service provided by the | ||||||
11 | Large Electing Provider on the date the Large Electing Provider | ||||||
12 | sends its notice under paragraph (1) of subsection (c) of this | ||||||
13 | Section of its intent to cease offering and providing that | ||||||
14 | service. | ||||||
15 | "Provider" includes every corporation, company, | ||||||
16 | association, firm, partnership, and individual and their | ||||||
17 | lessees, trustees, or receivers appointed by a court that sell | ||||||
18 | or offer to sell an alternative voice service. | ||||||
19 | "Reliable access to 9-1-1" means access to 9-1-1 that | ||||||
20 | complies with the applicable rules, regulations, and | ||||||
21 | guidelines established by the Federal Communications | ||||||
22 | Commission and the applicable provisions of the Emergency | ||||||
23 | Telephone System Act and implementing rules. | ||||||
24 | "Willing provider" means a provider that voluntarily | ||||||
25 | participates in the request for service process. | ||||||
26 | (b) Beginning June 30, 2017, a Large Electing Provider may, |
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1 | to the extent permitted by and consistent with federal law, | ||||||
2 | including, as applicable, approval by the Federal | ||||||
3 | Communications Commission of the discontinuance of the | ||||||
4 | interstate-access component of a telecommunications service, | ||||||
5 | cease to offer and provide a telecommunications service to an | ||||||
6 | identifiable class or group of customers, other than voice | ||||||
7 | telecommunications service to residential customers or a | ||||||
8 | telecommunications service to a class of customers under | ||||||
9 | subsection (b-5) of this Section, upon 60 days' notice to the | ||||||
10 | Commission and affected customers. | ||||||
11 | (b-5) Notwithstanding any provision to the contrary in this | ||||||
12 | Section 13-406.1, beginning December 31, 2021, a Large Electing | ||||||
13 | Provider may, to the extent permitted by and consistent with | ||||||
14 | federal law, including, if applicable, approval by the Federal | ||||||
15 | Communications Commission of the discontinuance of the | ||||||
16 | interstate-access component of a telecommunication service, | ||||||
17 | cease to offer and provide a telecommunications service to one | ||||||
18 | or more of the following classes or groups of customers upon 60 | ||||||
19 | days' notice to the Commission and affected customers: (1) | ||||||
20 | electric utilities, as defined in Section 16-102 of this Act; | ||||||
21 | (2) public utilities, as defined in Section 3-105 of this Act, | ||||||
22 | that offers natural gas or water services; (3) electric, gas, | ||||||
23 | and water utilities that are excluded from the definition of | ||||||
24 | public utility under paragraph (1) of subsection (b) of Section | ||||||
25 | 3-105 of this Act; (4) water companies as described in | ||||||
26 | paragraph (2) of subsection (b) of Section 3-105 of this Act; |
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1 | (5) natural gas cooperatives as described in paragraph (4) of | ||||||
2 | subsection (b) of Section 3-105 of this Act; (6) electric | ||||||
3 | cooperatives as defined in Section 3-119 of this Act; (7) | ||||||
4 | entities engaged in the commercial generation of electric power | ||||||
5 | and energy; (8) the functional divisions of public agencies, as | ||||||
6 | defined in Section 2 of the Emergency Telephone System Act, | ||||||
7 | that provide police or firefighting services; and (9) 9-1-1 | ||||||
8 | Authorities, as defined in Section 2 of the Emergency Telephone | ||||||
9 | System Act; provided that the date shall be extended to | ||||||
10 | December 21, 2022, for (i) an electric utility, as defined in | ||||||
11 | Section 16-102 of this Act, that serves more than 3 million | ||||||
12 | customers in the State; and (ii) an entity engaged in the | ||||||
13 | commercial generation of electric power and energy that | ||||||
14 | operates one or more nuclear power plants in the State. | ||||||
15 | (c) Beginning June 30, 2017, a Large Electing Provider may, | ||||||
16 | to the extent permitted by and consistent with federal law, | ||||||
17 | cease to offer and provide voice telecommunications service to | ||||||
18 | an identifiable class or group of residential customers, which, | ||||||
19 | for the purposes of this subsection (c), shall be referred to | ||||||
20 | as "requested service", subject to compliance with the | ||||||
21 | following requirements: | ||||||
22 | (1) No less than 255 days prior to providing notice to | ||||||
23 | the Federal Communications Commission of its intent to | ||||||
24 | discontinue the interstate-access component of the | ||||||
25 | requested service, the Large Electing Provider shall: | ||||||
26 | (A) file a notice of the proposed cessation of the |
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1 | requested service with the Commission, which shall | ||||||
2 | include a statement that the Large Electing Provider | ||||||
3 | will comply with any service discontinuance rules and | ||||||
4 | regulations of the Federal Communications Commission | ||||||
5 | pertaining to compatibility of alternative voice | ||||||
6 | services with medical monitoring devices; and | ||||||
7 | (B) provide notice of the proposed cessation of the | ||||||
8 | requested service to each of the Large Electing | ||||||
9 | Provider's existing customers within the affected | ||||||
10 | geographic area by first-class mail separate from | ||||||
11 | customer bills. If the customer has elected to receive | ||||||
12 | electronic billing, the notice shall be sent | ||||||
13 | electronically and by first-class mail separate from | ||||||
14 | customer bills. The notice provided under this | ||||||
15 | subparagraph (B) shall describe the requested service, | ||||||
16 | identify the earliest date on which the Large Electing | ||||||
17 | Provider intends to cease offering or providing the | ||||||
18 | telecommunications service, provide a telephone number | ||||||
19 | by which the existing customer may contact a service | ||||||
20 | representative of the Large Electing Provider, and | ||||||
21 | provide a telephone number by which the existing | ||||||
22 | customer may contact the Commission's Consumer | ||||||
23 | Services Division. The notice shall also include the | ||||||
24 | following statement in English and in Spanish : | ||||||
25 | "If you do not believe that an alternative | ||||||
26 | voice service including reliable access to 9-1-1 |
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1 | is available to you, from either [name of Large | ||||||
2 | Electing Provider] or another provider of wired or | ||||||
3 | wireless voice service where you live, you have the | ||||||
4 | right to request the Illinois Commerce Commission | ||||||
5 | to investigate the availability of alternative | ||||||
6 | voice service including reliable access to 9-1-1. | ||||||
7 | To do so, you must submit such a request either in | ||||||
8 | writing or by signing and returning a copy of this | ||||||
9 | notice, no later than (insert date), 60 days after | ||||||
10 | the date of the notice to the following address: | ||||||
11 | Chief Clerk of the Illinois Commerce Commission | ||||||
12 | 527 East Capitol Avenue | ||||||
13 | Springfield, Illinois 62706 | ||||||
14 | You must include in your request a reference to | ||||||
15 | the notice you received from [Large Electing | ||||||
16 | Provider's name] and the date of notice.". | ||||||
17 | Thirty days following the date of notice, the Large | ||||||
18 | Electing Provider shall provide each customer to which | ||||||
19 | the notice was sent a follow-up notice containing the | ||||||
20 | same information and reminding customers of the | ||||||
21 | deadline for requesting the Commission to investigate | ||||||
22 | alternative voice service with access to 9-1-1. | ||||||
23 | (2) After June 30, 2017, and only in a geographic area | ||||||
24 | for which a Large Electing Provider has provided notice of | ||||||
25 | proposed cessation of the requested service to existing | ||||||
26 | customers under paragraph (1) of this subsection (c), an |
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1 | existing customer of that provider may, within 60 days | ||||||
2 | after issuance of such notice, request the Commission to | ||||||
3 | investigate the availability of alternative voice service | ||||||
4 | including reliable access to 9-1-1 to that customer. For | ||||||
5 | the purposes of this paragraph (2), existing customers who | ||||||
6 | make such a request are referred to as "requesting existing | ||||||
7 | customers". The Large Electing Provider may cease to offer | ||||||
8 | or provide the requested service to existing customers who | ||||||
9 | do not make a request for investigation beginning 30 days | ||||||
10 | after issuance of the notice required by paragraph (5) of | ||||||
11 | this subsection (c). | ||||||
12 | (A) In response to all requests and investigations | ||||||
13 | under this paragraph (2), the Commission shall conduct | ||||||
14 | a single investigation to be commenced 75 days after | ||||||
15 | the receipt of notice under paragraph (1) of this | ||||||
16 | subsection (c), and completed within 135 days after | ||||||
17 | commencement. The Commission shall, within 135 days | ||||||
18 | after commencement of the investigation, make one of | ||||||
19 | the findings described in subdivisions (i) and (ii) of | ||||||
20 | this subparagraph (A) for each requesting existing | ||||||
21 | customer. | ||||||
22 | (i) If, as a result of the investigation, the | ||||||
23 | Commission finds that service from at least one | ||||||
24 | provider offering alternative voice service | ||||||
25 | including reliable access to 9-1-1 through any | ||||||
26 | technology or medium is available to one or more |
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1 | requesting existing customers, the Commission | ||||||
2 | shall declare by order that, with respect to each | ||||||
3 | requesting existing customer for which such a | ||||||
4 | finding is made, the Large Electing Provider may | ||||||
5 | cease to offer or provide the requested service | ||||||
6 | beginning 30 days after the issuance of the notice | ||||||
7 | required by paragraph (5) of this subsection (c). | ||||||
8 | (ii) If, as a result of the investigation, the | ||||||
9 | Commission finds that service from at least one | ||||||
10 | provider offering alternative voice service, | ||||||
11 | including reliable access to 9-1-1, through any | ||||||
12 | technology or medium is not available to one or | ||||||
13 | more requesting existing customers, the Commission | ||||||
14 | shall declare by order that an emergency exists | ||||||
15 | with respect to each requesting existing customer | ||||||
16 | for which such a finding is made. | ||||||
17 | (B) If the Commission declares an emergency under | ||||||
18 | subdivision (ii) of subparagraph (A) of this paragraph | ||||||
19 | (2) with respect to one or more requesting existing | ||||||
20 | customers, the Commission shall conduct a request for | ||||||
21 | service process to identify a willing provider of | ||||||
22 | alternative voice service including reliable access to | ||||||
23 | 9-1-1. A provider shall not be required to participate | ||||||
24 | in the request for service process. The willing | ||||||
25 | provider may utilize any form of technology that is | ||||||
26 | capable of providing alternative voice service |
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1 | including reliable access to 9-1-1, including, without | ||||||
2 | limitation, Voice over Internet Protocol services and | ||||||
3 | wireless services. The Commission shall, within 45 | ||||||
4 | days after the issuance of an order finding that an | ||||||
5 | emergency exists, make one of the determinations | ||||||
6 | described in subdivisions (i) and (ii) of this | ||||||
7 | subparagraph (B) for each requesting existing customer | ||||||
8 | for which an emergency has been declared. | ||||||
9 | (i) If the Commission determines that another | ||||||
10 | provider is willing and capable of providing | ||||||
11 | alternative voice service including reliable | ||||||
12 | access to 9-1-1 to one or more requesting existing | ||||||
13 | customers for which an emergency has been | ||||||
14 | declared, the Commission shall declare by order | ||||||
15 | that, with respect to each requesting existing | ||||||
16 | customer for which such a determination is made, | ||||||
17 | the Large Electing Provider may cease to offer or | ||||||
18 | provide the requested service beginning 30 days | ||||||
19 | after the issuance of the notice required by | ||||||
20 | paragraph (5) of this Section. | ||||||
21 | (ii) If the Commission determines that for one | ||||||
22 | or more of the requesting existing customers for | ||||||
23 | which an emergency has been declared there is no | ||||||
24 | other provider willing and capable of providing | ||||||
25 | alternative voice service including reliable | ||||||
26 | access to 9-1-1, the Commission shall issue an |
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1 | order requiring the Large Electing Provider to | ||||||
2 | provide alternative voice service including | ||||||
3 | reliable access to 9-1-1 to each requesting | ||||||
4 | existing customer utilizing any form of technology | ||||||
5 | capable of providing alternative voice service | ||||||
6 | including reliable access to 9-1-1, including, | ||||||
7 | without limitation, continuation of the requested | ||||||
8 | service, Voice over Internet Protocol services, | ||||||
9 | and wireless services, until another willing | ||||||
10 | provider is available. A Large Electing Provider | ||||||
11 | may fulfill the requirement through an affiliate | ||||||
12 | or another provider. The Large Electing Provider | ||||||
13 | may request that such an order be rescinded upon a | ||||||
14 | showing that an alternative voice service | ||||||
15 | including reliable access to 9-1-1 has become | ||||||
16 | available to the requesting existing customer from | ||||||
17 | another provider. | ||||||
18 | (3) If the Commission receives no requests for | ||||||
19 | investigation from any existing customer under paragraph | ||||||
20 | (2) of this subsection (c) within 60 days after issuance of | ||||||
21 | the notice under paragraph (1) of this subsection (c), the | ||||||
22 | Commission shall provide written notice to the Large | ||||||
23 | Electing Provider of that fact no later than 75 days after | ||||||
24 | receipt of notice under paragraph (1) of this subsection | ||||||
25 | (c). Notwithstanding any provision of this subsection (c) | ||||||
26 | to the contrary, if no existing customer requests an |
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1 | investigation under paragraph (2) of this subsection (c), | ||||||
2 | the Large Electing Provider may immediately provide the | ||||||
3 | notice to the Federal Communications Commission as | ||||||
4 | described in paragraph (4) of this subsection (c). | ||||||
5 | (4) At the same time that it provides notice to the | ||||||
6 | Federal Communications Commission of its intent to | ||||||
7 | discontinue the interstate-access component of the | ||||||
8 | requested service, the Large Electing Provider shall: | ||||||
9 | (A) file a notice of proposal to cease to offer and | ||||||
10 | provide the requested service with the Commission; and | ||||||
11 | (B) provide a notice of proposal to cease to offer | ||||||
12 | and provide the requested service to existing | ||||||
13 | customers and new customers receiving the service at | ||||||
14 | the time of the notice within each affected geographic | ||||||
15 | area, with the notice made by first-class mail or | ||||||
16 | within customer bills delivered by mail or equivalent | ||||||
17 | means of notice, including electronic means if the | ||||||
18 | customer has elected to receive electronic billing. | ||||||
19 | The notice provided under this subparagraph (B) shall | ||||||
20 | include a brief description of the requested service, | ||||||
21 | the date on which the Large Electing Provider intends | ||||||
22 | to cease offering or providing the telecommunications | ||||||
23 | service, and a statement as required by 47 CFR 63.71 | ||||||
24 | that describes the process by which the customer may | ||||||
25 | submit comments to the Federal Communications | ||||||
26 | Commission. |
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1 | (5) Upon approval by the Federal Communications | ||||||
2 | Commission of its request to discontinue the | ||||||
3 | interstate-access component of the requested service and | ||||||
4 | subject to the requirements of any order issued by the | ||||||
5 | Commission under subdivision (ii) of subparagraph (B) of | ||||||
6 | paragraph (2) of this subsection (c), the Large Electing | ||||||
7 | Provider may immediately cease to offer the requested | ||||||
8 | service to all customers not receiving the service on the | ||||||
9 | date of the Federal Communications Commission's approval | ||||||
10 | and may cease to offer and provide the requested service to | ||||||
11 | all customers receiving the service at the time of the | ||||||
12 | Federal Communications Commission's approval upon 30 days' | ||||||
13 | notice to the Commission and affected customers. Notice to | ||||||
14 | affected customers under this paragraph (5) shall be | ||||||
15 | provided by first-class mail separate from customer bills. | ||||||
16 | The notice provided under this paragraph (5) shall describe | ||||||
17 | the requested service, identify the date on which the Large | ||||||
18 | Electing Provider intends to cease offering or providing | ||||||
19 | the telecommunications service, and provide a telephone | ||||||
20 | number by which the existing customer may contact a service | ||||||
21 | representative of the Large Electing Provider. | ||||||
22 | (6) The notices provided for in paragraph (1) of this | ||||||
23 | subsection (c) are not required as a prerequisite for the | ||||||
24 | Large Electing Provider to cease to offer or provide a | ||||||
25 | telecommunications service in a geographic area where | ||||||
26 | there are no residential customers taking service from the |
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1 | Large Electing Provider on the date that the Large Electing | ||||||
2 | Provider files notice to the Federal Communications | ||||||
3 | Commission of its intent to discontinue the | ||||||
4 | interstate-access component of the requested service in | ||||||
5 | that geographic area. | ||||||
6 | (7) For a period of 45 days following the date of a | ||||||
7 | notice issued under paragraph (5) of this Section, an | ||||||
8 | existing customer (i) who is located in the affected | ||||||
9 | geographic area subject to that notice; (ii) who was | ||||||
10 | receiving the requested service as of the date of the | ||||||
11 | Federal Communications Commission's approval of the Large | ||||||
12 | Electing Provider's request to discontinue the | ||||||
13 | interstate-access component of the requested service; | ||||||
14 | (iii) who did not make a timely request for investigation | ||||||
15 | under paragraph (2) of this subsection (c); and (iv) whose | ||||||
16 | service will be or has been discontinued under paragraph | ||||||
17 | (5), may request assistance from the Large Electing | ||||||
18 | Provider in identifying providers of alternative voice | ||||||
19 | service including reliable access to 9-1-1. Within 15 days | ||||||
20 | of the request, the Large Electing Provider shall provide | ||||||
21 | the customer with a list of alternative voice service | ||||||
22 | providers. | ||||||
23 | (8) Notwithstanding any other provision of this Act, | ||||||
24 | except as expressly authorized by this subsection (c), the | ||||||
25 | Commission may not, upon its own motion or upon complaint, | ||||||
26 | investigate, suspend, disapprove, condition, or otherwise |
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1 | regulate the cessation of a telecommunications service to | ||||||
2 | an identifiable class or group of customers once initiated | ||||||
3 | by a Large Electing Provider under subsection (b) or (b-5) | ||||||
4 | of this Section or this subsection (c).
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5 | (Source: P.A. 100-20, eff. 7-1-17.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.
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