Illinois General Assembly - Full Text of HB4078
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Full Text of HB4078  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 5/10/2023, by Rep. Martin J. Moylan


220 ILCS 5/22-501

    Amends the Public Utilities Act. Provides that the amendatory Act may be referred to as the Pay For Only The Channels You Want Act. Provides that, to the extent consistent with federal law, cable or video providers shall not charge a subscriber for any channel, service, or equipment (rather than service or equipment) that the subscriber has not affirmatively requested or affirmatively agreed to by name. Provides that, notwithstanding any other provision of law and to the extent consistent with federal law, cable or video providers shall not deny the ability of any subscriber to refuse to be charged for any particular channel and shall allow any subscriber to remove any specific channel and associated carriage fees from the subscriber's monthly bill. Provides that cable and video providers shall allow any subscriber to remove any channel and all associated carriage fees assessed to that subscriber via a website or toll-free telephone number. Provides that cable and video providers shall, for every new or renewing subscriber, list all channels offered in every particular service to all subscribers and allow the subscriber to approve or reject each channel and the associated carriage fee for that channel. Effective immediately.

LRB103 32041 SPS 60952 b





HB4078LRB103 32041 SPS 60952 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. This Act may be referred to as the Pay For Only
5The Channels You Want Act.
6    Section 5. The Public Utilities Act is amended by changing
7Section 22-501 as follows:
8    (220 ILCS 5/22-501)
9    Sec. 22-501. Customer service and privacy protection. All
10cable or video providers in this State shall comply with the
11following customer service requirements and privacy
12protections. The provisions of this Act shall not apply to an
13incumbent cable operator prior to January 1, 2008. For
14purposes of this paragraph, an incumbent cable operator means
15a person or entity that provided cable services in a
16particular area under a franchise agreement with a local unit
17of government pursuant to Section 11-42-11 of the Illinois
18Municipal Code or Section 5-1095 of the Counties Code on
19January 1, 2007. A master antenna television, satellite master
20antenna television, direct broadcast satellite, multipoint
21distribution service, and other provider of video programming
22shall only be subject to the provisions of this Article to the



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1extent permitted by federal law.
2    The following definitions apply to the terms used in this
4    "Basic cable or video service" means any service offering
5or tier that includes the retransmission of local television
6broadcast signals.
7    "Cable or video provider" means any person or entity
8providing cable service or video service pursuant to
9authorization under (i) the Cable and Video Competition Law of
102007; (ii) Section 11-42-11 of the Illinois Municipal Code;
11(iii) Section 5-1095 of the Counties Code; or (iv) a master
12antenna television, satellite master antenna television,
13direct broadcast satellite, multipoint distribution services,
14and other providers of video programming, whatever their
15technology. A cable or video provider shall not include a
16landlord providing only broadcast video programming to a
17single-family home or other residential dwelling consisting of
184 units or less.
19    "Franchise" has the same meaning as found in 47 U.S.C.
21    "Local unit of government" means a city, village,
22incorporated town, or a county.
23    "Normal business hours" means those hours during which
24most similar businesses in the geographic area of the local
25unit of government are open to serve customers. In all cases,
26"normal business hours" must include some evening hours at



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1least one night per week or some weekend hours.
2    "Normal operating conditions" means those service
3conditions that are within the control of cable or video
4providers. Those conditions that are not within the control of
5cable or video providers include, but are not limited to,
6natural disasters, civil disturbances, power outages,
7telephone network outages, and severe or unusual weather
8conditions. Those conditions that are ordinarily within the
9control of cable or video providers include, but are not
10limited to, special promotions, pay-per-view events, rate
11increases, regular peak or seasonal demand periods, and
12maintenance or upgrade of the cable service or video service
14    "Service interruption" means the loss of picture or sound
15on one or more cable service or video service on one or more
16cable or video channels.
17    "Service line drop" means the point of connection between
18a premises and the cable or video network that enables the
19premises to receive cable service or video service.
20    (a) General customer service standards:
21        (1) Cable or video providers shall establish general
22    standards related to customer service, which shall
23    include, but not be limited to, installation,
24    disconnection, service and repair obligations; appointment
25    hours and employee ID requirements; customer service
26    telephone numbers and hours; procedures for billing,



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1    charges, deposits, refunds, and credits; procedures for
2    termination of service; notice of deletion of programming
3    service; changes related to transmission of programming;
4    changes or increases in rates; the use and availability of
5    parental control or lock-out devices; the use and
6    availability of an A/B switch if applicable; complaint
7    procedures and procedures for bill dispute resolution; a
8    description of the rights and remedies available to
9    consumers if the cable or video provider does not
10    materially meet its customer service standards; and
11    special services for customers with visual, hearing, or
12    mobility disabilities.
13        (2) Cable or video providers' rates for each level of
14    service, rules, regulations, and policies related to its
15    cable service or video service described in paragraph (1)
16    of this subsection (a) must be made available to the
17    public and displayed clearly and conspicuously on the
18    cable or video provider's site on the Internet. If a
19    promotional price or a price for a specified period of
20    time is offered, the cable or video provider shall display
21    the price at the end of the promotional period or
22    specified period of time clearly and conspicuously with
23    the display of the promotional price or price for a
24    specified period of time. The cable or video provider
25    shall provide this information upon request.
26        (3) Cable or video providers shall provide notice



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1    concerning their general customer service standards to all
2    customers. This notice shall be offered when service is
3    first activated and upon request thereafter. The
4    information in the notice shall also be available on the
5    cable or video providers' websites and shall include all
6    of the information specified in paragraph (1) of this
7    subsection (a), as well as the following: a listing of
8    services offered by the cable or video providers, which
9    shall clearly describe programming for all services and
10    all levels of service; the rates for all services and
11    levels of service; a telephone number through which
12    customers may subscribe to, change, or terminate service,
13    request customer service, or seek general or billing
14    information; instructions on the use of the cable or video
15    services; and a description of rights and remedies that
16    the cable or video providers shall make available to their
17    customers if they do not materially meet the general
18    customer service standards described in this Act.
19    (b) General customer service obligations:
20        (1) Cable or video providers shall render reasonably
21    efficient service, promptly make repairs, and interrupt
22    service only as necessary and for good cause, during
23    periods of minimum use of the system and for no more than
24    24 hours.
25        (2) All service representatives or any other person
26    who contacts customers or potential customers on behalf of



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1    the cable or video provider shall have a visible
2    identification card with their name and photograph and
3    shall orally identify themselves upon first contact with
4    the customer. Customer service representatives shall
5    orally identify themselves to callers immediately
6    following the greeting during each telephone contact with
7    the public.
8        (3) The cable or video providers shall: (i) maintain a
9    customer service facility within the boundaries of a local
10    unit of government staffed by customer service
11    representatives that have the capacity to accept payment,
12    adjust bills, and respond to repair, installation,
13    reconnection, disconnection, or other service calls and
14    distribute or receive converter boxes, remote control
15    units, digital stereo units, or other equipment related to
16    the provision of cable or video service; (ii) provide
17    customers with bill payment facilities through retail,
18    financial, or other commercial institutions located within
19    the boundaries of a local unit of government; (iii)
20    provide an address, toll-free telephone number or
21    electronic address to accept bill payments and
22    correspondence and provide secure collection boxes for the
23    receipt of bill payments and the return of equipment,
24    provided that if a cable or video provider provides secure
25    collection boxes, it shall provide a printed receipt when
26    items are deposited; or (iv) provide an address, toll-free



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1    telephone number, or electronic address to accept bill
2    payments and correspondence and provide a method for
3    customers to return equipment to the cable or video
4    provider at no cost to the customer.
5        (4) In each contact with a customer, the service
6    representatives or any other person who contacts customers
7    or potential customers on behalf of the cable or video
8    provider shall state the estimated cost of the service,
9    repair, or installation orally prior to delivery of the
10    service or before any work is performed, shall provide the
11    customer with an oral statement of the total charges
12    before terminating the telephone call or other contact in
13    which a service is ordered, whether in-person or over the
14    Internet, and shall provide a written statement of the
15    total charges before leaving the location at which the
16    work was performed. In the event that the cost of service
17    is a promotional price or is for a limited period of time,
18    the cost of service at the end of the promotion or limited
19    period of time shall be disclosed.
20        (5) Cable or video providers shall provide customers a
21    minimum of 30 days' written notice before increasing rates
22    or eliminating transmission of programming and shall
23    submit the notice of any rate increase to the local unit of
24    government in advance of distribution to customers,
25    provided that the cable or video provider is not in
26    violation of this provision if the elimination of



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1    transmission of programming was outside the control of the
2    provider, in which case the provider shall use reasonable
3    efforts to provide as much notice as possible, and any
4    rate decrease related to the elimination of transmission
5    of programming shall be applied to the date of the change.
6        (6) Cable or video providers shall provide clear
7    visual and audio reception that meets or exceeds
8    applicable Federal Communications Commission technical
9    standards. If a customer experiences poor video or audio
10    reception due to the equipment of the cable or video
11    provider, the cable or video provider shall promptly
12    repair the problem at its own expense.
13    (c) Bills, payment, and termination:
14        (1) Cable or video providers shall render monthly
15    bills that are clear, accurate, and understandable.
16        (2) Every residential customer who pays bills directly
17    to the cable or video provider shall have at least 28 days
18    from the date of the bill to pay the listed charges.
19        (3) Customer payments shall be posted promptly. When
20    the payment is sent by United States mail, payment is
21    considered paid on the date it is postmarked.
22        (4) Cable or video providers may not terminate
23    residential service for nonpayment of a bill unless the
24    cable or video provider furnishes notice of the
25    delinquency and impending termination at least 15 days
26    prior to the proposed termination. Notice of proposed



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1    termination shall be mailed, postage prepaid, to the
2    customer to whom service is billed. Notice of proposed
3    termination shall not be mailed until the 24th day after
4    the date of the bill for services. Notice of delinquency
5    and impending termination may be part of a billing
6    statement only if the notice is designed to be
7    conspicuous. The cable or video providers may not assess a
8    late fee prior to the 24th day after the date of the bill
9    for service.
10        (5) Every notice of impending termination shall
11    include all of the following: the name and address of
12    customer; the amount of the delinquency; the date on which
13    payment is required to avoid termination; and the
14    telephone number of the cable or video provider's service
15    representative to make payment arrangements and to provide
16    additional information about the charges for failure to
17    return equipment and for reconnection, if any.
18        (6) Service may only be terminated on days when the
19    customer is able to reach a service representative of the
20    cable or video providers, either in person or by
21    telephone.
22        (7) Any service terminated by a cable or video
23    provider without good cause shall be restored without any
24    reconnection fee, charge, or penalty; good cause for
25    termination includes, but is not limited to, failure to
26    pay a bill by the date specified in the notice of impending



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1    termination, payment by check for which there are
2    insufficient funds, theft of service, abuse of equipment
3    or personnel, or other similar subscriber actions.
4        (8) Cable or video providers shall cease charging a
5    customer for any or all services within one business day
6    after it receives a request to immediately terminate
7    service or on the day requested by the customer if such a
8    date is at least 5 days from the date requested by the
9    customer. Nothing in this subsection (c) shall prohibit
10    the provider from billing for charges that the customer
11    incurs prior to the date of termination. Cable or video
12    providers shall issue a credit no later than the
13    customer's next billing cycle following the determination
14    that a credit is warranted. Cable or video providers shall
15    issue a refund or return a deposit promptly, but not later
16    than either the customer's next billing cycle following
17    resolution of the request or 30 days, whichever is
18    earlier, or the return of equipment, if any, whichever is
19    later.
20        (9) The customers or subscribers of a cable or video
21    provider shall be allowed to disconnect their service at
22    any time within the first 30 days after subscribing to or
23    upgrading the service. Within this 30-day period, cable or
24    video providers shall not charge or impose any fees or
25    penalties on the customer for disconnecting service,
26    including, but not limited to, any installation charge or



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1    the imposition of an early termination charge, except the
2    cable or video provider may impose a charge or fee to
3    offset any rebates or credits received by the customer and
4    may impose monthly service or maintenance charges,
5    including pay-per-view and premium services charges,
6    during such 30-day period.
7    (d) Response to customer inquiries:
8        (1) Cable or video providers will maintain a toll-free
9    telephone access line that is available to customers 24
10    hours a day, 7 days a week to accept calls regarding
11    installation, termination, service, and complaints.
12    Trained, knowledgeable, qualified service representatives
13    of the cable or video providers will be available to
14    respond to customer telephone inquiries during normal
15    business hours. Customer service representatives shall be
16    able to provide credit, waive fees, schedule appointments,
17    and change billing cycles. Any difficulties that cannot be
18    resolved by the customer service representatives shall be
19    referred to a supervisor who shall make his or her best
20    efforts to resolve the issue immediately. If the
21    supervisor does not resolve the issue to the customer's
22    satisfaction, the customer shall be informed of the cable
23    or video provider's complaint procedures and procedures
24    for billing dispute resolution and given a description of
25    the rights and remedies available to customers to enforce
26    the terms of this Article, including the customer's rights



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1    to have the complaint reviewed by the local unit of
2    government, to request mediation, and to review in a court
3    of competent jurisdiction.
4        (2) After normal business hours, the access line may
5    be answered by a service or an automated response system,
6    including an answering machine. Inquiries received by
7    telephone or e-mail after normal business hours shall be
8    responded to by a trained service representative on the
9    next business day. The cable or video provider shall
10    respond to a written billing inquiry within 10 days of
11    receipt of the inquiry.
12        (3) Cable or video providers shall provide customers
13    seeking non-standard installations with a total
14    installation cost estimate and an estimated date of
15    completion. The actual charge to the customer shall not
16    exceed the estimated cost without the written consent of
17    the customer.
18        (4) If the cable or video provider receives notice
19    that an unsafe condition exists with respect to its
20    equipment, it shall investigate such condition immediately
21    and shall take such measures as are necessary to remove or
22    eliminate the unsafe condition. The cable or video
23    provider shall inform the local unit of government
24    promptly, but no later than 2 hours after it receives
25    notification of an unsafe condition that it has not
26    remedied.



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1        (5) Under normal operating conditions, telephone
2    answer time by the cable or video provider's customer
3    representative, including wait time, shall not exceed 30
4    seconds when the connection is made. If the call needs to
5    be transferred, transfer time shall not exceed 30 seconds.
6    These standards shall be met no less than 90% of the time
7    under normal operating conditions, measured on a quarterly
8    basis. The cable or video provider shall not be required
9    to acquire equipment or perform surveys to measure
10    compliance with these telephone answering standards unless
11    an historical record of complaints indicates a clear
12    failure to comply.
13        (6) Under normal operating conditions, the cable or
14    video provider's customers will receive a busy signal less
15    than 3% of the time.
16    (e) Under normal operating conditions, each of the
17following standards related to installations, outages, and
18service calls will be met no less than 95% of the time measured
19on a quarterly basis:
20        (1) Standard installations will be performed within 7
21    business days after an order has been placed. "Standard"
22    installations are those that are located up to 125 feet
23    from the existing distribution system.
24        (2) Excluding conditions beyond the control of the
25    cable or video providers, the cable or video providers
26    will begin working on "service interruptions" promptly and



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1    in no event later than 24 hours after the interruption is
2    reported by the customer or otherwise becomes known to the
3    cable or video providers. Cable or video providers must
4    begin actions to correct other service problems the next
5    business day after notification of the service problem and
6    correct the problem.
7        (3) The "appointment window" alternatives for
8    installations, service calls, and other installation
9    activities will be either a specific time or, at a
10    maximum, a 4-hour time block during evening, weekend, and
11    normal business hours. The cable or video provider may
12    schedule service calls and other installation activities
13    outside of these hours for the express convenience of the
14    customer.
15        (4) Cable or video providers may not cancel an
16    appointment with a customer after the close of business on
17    the business day prior to the scheduled appointment. If
18    the cable or video provider's representative is running
19    late for an appointment with a customer and will not be
20    able to keep the appointment as scheduled, the customer
21    will be contacted. The appointment will be rescheduled, as
22    necessary, at a time that is convenient for the customer,
23    even if the rescheduled appointment is not within normal
24    business hours.
25    (f) Public benefit obligation:
26        (1) All cable or video providers offering service



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1    pursuant to the Cable and Video Competition Law of 2007,
2    the Illinois Municipal Code, or the Counties Code shall
3    provide a free service line drop and free basic service to
4    all current and future public buildings within their
5    footprint, including, but not limited to, all local unit
6    of government buildings, public libraries, and public
7    primary and secondary schools, whether owned or leased by
8    that local unit of government ("eligible buildings"). Such
9    service shall be used in a manner consistent with the
10    government purpose for the eligible building and shall not
11    be resold.
12        (2) This obligation only applies to those cable or
13    video service providers whose cable service or video
14    service systems pass eligible buildings and its cable or
15    video service is generally available to residential
16    subscribers in the same local unit of government in which
17    the eligible building is located. The burden of providing
18    such service at each eligible building shall be shared by
19    all cable and video providers whose systems pass the
20    eligible buildings in an equitable and competitively
21    neutral manner, and nothing herein shall require
22    duplicative installations by more than one cable or video
23    provider at each eligible building. Cable or video
24    providers operating in a local unit of government shall
25    meet as necessary and determine who will provide service
26    to eligible buildings under this subsection (f). If the



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1    cable or video providers are unable to reach an agreement,
2    they shall meet with the local unit of government, which
3    shall determine which cable or video providers will serve
4    each eligible building. The local unit of government shall
5    bear the costs of any inside wiring or video equipment
6    costs not ordinarily provided as part of the cable or
7    video provider's basic offering.
8    (g) After the cable or video providers have offered
9service for one year, the cable or video providers shall make
10an annual report to the Commission, to the local unit of
11government, and to the Attorney General that it is meeting the
12standards specified in this Article, identifying the number of
13complaints it received over the prior year in the State and
14specifying the number of complaints related to each of the
15following: (1) billing, charges, refunds, and credits; (2)
16installation or termination of service; (3) quality of service
17and repair; (4) programming; and (5) miscellaneous complaints
18that do not fall within these categories.
19    (h) To the extent consistent with federal law, cable or
20video providers shall offer the lowest-cost basic cable or
21video service as a stand-alone service to residential
22customers at reasonable rates. Cable or video providers shall
23not require the subscription to any service other than the
24lowest-cost basic service or to any telecommunications or
25information service, as a condition of access to cable or
26video service, including programming offered on a per channel



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1or per program basis. Cable or video providers shall not
2discriminate between subscribers to the lowest-cost basic
3service, subscribers to other cable services or video
4services, and other subscribers with regard to the rates
5charged for cable or video programming offered on a per
6channel or per program basis.
7    (i) To the extent consistent with federal law, cable or
8video providers shall ensure that charges for changes in the
9subscriber's selection of services or equipment shall be based
10on the cost of such change and shall not exceed nominal amounts
11when the system's configuration permits changes in service
12tier selection to be effected solely by coded entry on a
13computer terminal or by other similarly simple method.
14    (j) To the extent consistent with federal law, cable or
15video providers shall have a rate structure for the provision
16of cable or video service that is uniform throughout the area
17within the boundaries of the local unit of government. This
18subsection (j) is not intended to prohibit bulk discounts to
19multiple dwelling units or to prohibit reasonable discounts to
20senior citizens or other economically disadvantaged groups.
21    (k) To the extent consistent with federal law, cable or
22video providers shall not charge a subscriber for any channel,
23service, or equipment that the subscriber has not
24affirmatively requested or affirmatively agreed to by name.
25For purposes of this subsection (k), a subscriber's failure to
26refuse a cable or video provider's proposal to provide a



HB4078- 18 -LRB103 32041 SPS 60952 b

1channel, service, or equipment shall not be deemed to be an
2affirmative request for such channel, service, or equipment.
3    Notwithstanding any other provision of law and to the
4extent consistent with federal law, cable or video providers
5shall not deny the ability of any subscriber to refuse to be
6charged for any particular channel and shall allow any
7subscriber to remove any specific channel and associated
8carriage fees from the subscriber's monthly bill. Cable and
9video providers shall allow any subscriber to remove any
10channel and all associated carriage fees assessed to that
11subscriber via a website or toll-free telephone number. Cable
12and video providers shall, for every new or renewing
13subscriber, list all channels offered in every particular
14service to all subscribers and allow the subscriber to approve
15or reject each channel and the associated carriage fee for
16that channel.
17    (l) No contract or service agreement containing an early
18termination clause offering residential cable or video
19services or any bundle including such services shall be for a
20term longer than 2 years. Any contract or service offering
21with a term of service that contains an early termination fee
22shall limit the early termination fee to not more than the
23value of any additional goods or services provided with the
24cable or video services, the amount of the discount reflected
25in the price for cable services or video services for the
26period during which the consumer benefited from the discount,



HB4078- 19 -LRB103 32041 SPS 60952 b

1or a declining fee based on the remainder of the contract term.
2    (m) Cable or video providers shall not discriminate in the
3provision of services for the hearing and visually impaired,
4and shall comply with the accessibility requirements of 47
5U.S.C. 613. Cable or video providers shall deliver and pick-up
6or provide customers with pre-paid shipping and packaging for
7the return of converters and other necessary equipment at the
8home of customers with disabilities. Cable or video providers
9shall provide free use of a converter or remote control unit to
10mobility impaired customers.
11    (n)(1) To the extent consistent with federal law, cable or
12video providers shall comply with the provisions of 47 U.S.C.
13532(h) and (j). The cable or video providers shall not
14exercise any editorial control over any video programming
15provided pursuant to this Section, or in any other way
16consider the content of such programming, except that a cable
17or video provider may refuse to transmit any leased access
18program or portion of a leased access program that contains
19obscenity, indecency, or nudity and may consider such content
20to the minimum extent necessary to establish a reasonable
21price for the commercial use of designated channel capacity by
22an unaffiliated person. This subsection (n) shall permit cable
23or video providers to enforce prospectively a written and
24published policy of prohibiting programming that the cable or
25video provider reasonably believes describes or depicts sexual
26or excretory activities or organs in a patently offensive



HB4078- 20 -LRB103 32041 SPS 60952 b

1manner as measured by contemporary community standards.
2        (2) Upon customer request, the cable or video provider
3    shall, without charge, fully scramble or otherwise fully
4    block the audio and video programming of each channel
5    carrying such programming so that a person who is not a
6    subscriber does not receive the channel or programming.
7        (3) In providing sexually explicit adult programming
8    or other programming that is indecent on any channel of
9    its service primarily dedicated to sexually oriented
10    programming, the cable or video provider shall fully
11    scramble or otherwise fully block the video and audio
12    portion of such channel so that a person who is not a
13    subscriber to such channel or programming does not receive
14    it.
15        (4) Scramble means to rearrange the content of the
16    signal of the programming so that the programming cannot
17    be viewed or heard in an understandable manner.
18    (o) Cable or video providers will maintain a listing,
19specific to the level of street address, of the areas where its
20cable or video services are available. Customers who inquire
21about purchasing cable or video service shall be informed
22about whether the cable or video provider's cable or video
23services are currently available to them at their specific
25    (p) Cable or video providers shall not disclose the name,
26address, telephone number or other personally identifying



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1information of a cable service or video service customer to be
2used in mailing lists or to be used for other commercial
3purposes not reasonably related to the conduct of its business
4unless the cable or video provider has provided to the
5customer a notice, separately or included in any other
6customer service notice, that clearly and conspicuously
7describes the customer's ability to prohibit the disclosure.
8Cable or video providers shall provide an address and
9telephone number for a customer to use without a toll charge to
10prevent disclosure of the customer's name and address in
11mailing lists or for other commercial purposes not reasonably
12related to the conduct of its business to other businesses or
13affiliates of the cable or video provider. Cable or video
14providers shall comply with the consumer privacy requirements
15of Section 26-4.5 of the Criminal Code of 2012, the Restricted
16Call Registry Act, and 47 U.S.C. 551 that are in effect as of
17June 30, 2007 (the effective date of Public Act 95-9) and as
18amended thereafter.
19    (q) Cable or video providers shall implement an informal
20process for handling inquiries from local units of government
21and customers concerning billing issues, service issues,
22privacy concerns, and other consumer complaints. In the event
23that an issue is not resolved through this informal process, a
24local unit of government or the customer may request
25nonbinding mediation with the cable or video provider, with
26each party to bear its own costs of such mediation. Selection



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1of the mediator will be by mutual agreement, and preference
2will be given to mediation services that do not charge the
3consumer for their services. In the event that the informal
4process does not produce a satisfactory result to the customer
5or the local unit of government, enforcement may be pursued as
6provided in subdivision (4) of subsection (r) of this Section.
7    (r) The Attorney General and the local unit of government
8may enforce all of the customer service and privacy protection
9standards of this Section with respect to complaints received
10from residents within the local unit of government's
11jurisdiction, but it may not adopt or seek to enforce any
12additional or different customer service or performance
13standards under any other authority or provision of law.
14        (1) The local unit of government may, by ordinance,
15    provide a schedule of penalties for any material breach of
16    this Section by cable or video providers in addition to
17    the penalties provided herein. No monetary penalties shall
18    be assessed for a material breach if it is out of the
19    reasonable control of the cable or video providers or its
20    affiliate. Monetary penalties adopted in an ordinance
21    pursuant to this Section shall apply on a competitively
22    neutral basis to all providers of cable service or video
23    service within the local unit of government's
24    jurisdiction. In no event shall the penalties imposed
25    under this subsection (r) exceed $750 for each day of the
26    material breach, and these penalties shall not exceed



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1    $25,000 for each occurrence of a material breach per
2    customer.
3        (2) For purposes of this Section, "material breach"
4    means any substantial failure of a cable or video service
5    provider to comply with service quality and other
6    standards specified in any provision of this Act. The
7    Attorney General or the local unit of government shall
8    give the cable or video provider written notice of any
9    alleged material breaches of this Act and allow such
10    provider at least 30 days from receipt of the notice to
11    remedy the specified material breach.
12        (3) A material breach, for the purposes of assessing
13    penalties, shall be deemed to have occurred for each day
14    that a material breach has not been remedied by the cable
15    service or video service provider after the expiration of
16    the period specified in subdivision (2) of this subsection
17    (r) in each local unit of government's jurisdiction,
18    irrespective of the number of customers affected.
19        (4) Any customer, the Attorney General, or a local
20    unit of government may pursue alleged violations of this
21    Act by the cable or video provider in a court of competent
22    jurisdiction. A cable or video provider may seek judicial
23    review of a decision of a local unit of government
24    imposing penalties in a court of competent jurisdiction.
25    No local unit of government shall be subject to suit for
26    damages or other relief based upon its action in



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1    connection with its enforcement or review of any of the
2    terms, conditions, and rights contained in this Act except
3    a court may require the return of any penalty it finds was
4    not properly assessed or imposed.
5    (s) Cable or video providers shall credit customers for
6violations in the amounts stated herein. The credits shall be
7applied on the statement issued to the customer for the next
8monthly billing cycle following the violation or following the
9discovery of the violation. Cable or video providers are
10responsible for providing the credits described herein and the
11customer is under no obligation to request the credit. If the
12customer is no longer taking service from the cable or video
13provider, the credit amount will be refunded to the customer
14by check within 30 days of the termination of service. A local
15unit of government may, by ordinance, adopt a schedule of
16credits payable directly to customers for breach of the
17customer service standards and obligations contained in this
18Article, provided the schedule of customer credits applies on
19a competitively neutral basis to all providers of cable
20service or video service in the local unit of government's
21jurisdiction and the credits are not greater than the credits
22provided in this Section.
23        (1) Failure to keep an appointment or to notify the
24    customer prior to the close of business on the business
25    day prior to the scheduled appointment: $25.00.
26        (2) Violation of customer service and billing



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1    standards in subsections (c) and (d) of this Section:
2    $25.00 per occurrence.
3        (3) Violation of the bundling rules in subsection (h)
4    of this Section: $25.00 per month.
5    (t) The enforcement powers granted to the Attorney General
6in Article XXI of this Act shall apply to this Article, except
7that the Attorney General may not seek penalties for violation
8of this Article other than in the amounts specified herein.
9Nothing in this Section shall limit or affect the powers of the
10Attorney General to enforce the provisions of Article XXI of
11this Act or the Consumer Fraud and Deceptive Business
12Practices Act.
13    (u) This Article applies to all cable and video providers
14in the State, including but not limited to those operating
15under a local franchise as that term is used in 47 U.S.C.
16522(9), those operating under authorization pursuant to
17Section 11-42-11 of the Illinois Municipal Code, those
18operating under authorization pursuant to Section 5-1095 of
19the Counties Code, and those operating under a State-issued
20authorization pursuant to Article XXI of this Act.
21(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
2298-45, eff. 6-28-13.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.