Illinois General Assembly - Full Text of HB3584
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Full Text of HB3584  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. Silvana Tabares


220 ILCS 5/22-501

    Amends the Cable and Video Customer Protection Article of the Public Utilities Act. Provides that upon the customer's election, a cable or video provider that rents internet modems to a customer shall cease imposing rental charges after the customer has paid to the provider an amount equal to the cost of the modem provided.

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HB3584LRB099 09531 JLS 29739 b

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



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1    "Basic cable or video service" means any service offering
2or tier that includes the retransmission of local television
3broadcast signals.
4    "Cable or video provider" means any person or entity
5providing cable service or video service pursuant to
6authorization under (i) the Cable and Video Competition Law of
72007; (ii) Section 11-42-11 of the Illinois Municipal Code;
8(iii) Section 5-1095 of the Counties Code; or (iv) a master
9antenna television, satellite master antenna television,
10direct broadcast satellite, multipoint distribution services,
11and other providers of video programming, whatever their
12technology. A cable or video provider shall not include a
13landlord providing only broadcast video programming to a
14single-family home or other residential dwelling consisting of
154 units or less.
16    "Franchise" has the same meaning as found in 47 U.S.C.
18    "Local unit of government" means a city, village,
19incorporated town, or a county.
20    "Normal business hours" means those hours during which most
21similar businesses in the geographic area of the local unit of
22government are open to serve customers. In all cases, "normal
23business hours" must include some evening hours at least one
24night per week or some weekend hours.
25    "Normal operating conditions" means those service
26conditions that are within the control of cable or video



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1providers. Those conditions that are not within the control of
2cable or video providers include, but are not limited to,
3natural disasters, civil disturbances, power outages,
4telephone network outages, and severe or unusual weather
5conditions. Those conditions that are ordinarily within the
6control of cable or video providers include, but are not
7limited to, special promotions, pay-per-view events, rate
8increases, regular peak or seasonal demand periods, and
9maintenance or upgrade of the cable service or video service
11    "Service interruption" means the loss of picture or sound
12on one or more cable service or video service on one or more
13cable or video channels.
14    "Service line drop" means the point of connection between a
15premises and the cable or video network that enables the
16premises to receive cable service or video service.
17    (a) General customer service standards:
18        (1) Cable or video providers shall establish general
19    standards related to customer service, which shall
20    include, but not be limited to, installation,
21    disconnection, service and repair obligations; appointment
22    hours and employee ID requirements; customer service
23    telephone numbers and hours; procedures for billing,
24    charges, deposits, refunds, and credits; procedures for
25    termination of service; notice of deletion of programming
26    service; changes related to transmission of programming;



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



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



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1    Customer service representatives shall orally identify
2    themselves to callers immediately following the greeting
3    during each telephone contact with the public.
4        (3) The cable or video providers shall: (i) maintain a
5    customer service facility within the boundaries of a local
6    unit of government staffed by customer service
7    representatives that have the capacity to accept payment,
8    adjust bills, and respond to repair, installation,
9    reconnection, disconnection, or other service calls and
10    distribute or receive converter boxes, remote control
11    units, digital stereo units, or other equipment related to
12    the provision of cable or video service; (ii) provide
13    customers with bill payment facilities through retail,
14    financial, or other commercial institutions located within
15    the boundaries of a local unit of government; (iii) provide
16    an address, toll-free telephone number or electronic
17    address to accept bill payments and correspondence and
18    provide secure collection boxes for the receipt of bill
19    payments and the return of equipment, provided that if a
20    cable or video provider provides secure collection boxes,
21    it shall provide a printed receipt when items are
22    deposited; or (iv) provide an address, toll-free telephone
23    number, or electronic address to accept bill payments and
24    correspondence and provide a method for customers to return
25    equipment to the cable or video provider at no cost to the
26    customer.



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1        (4) In each contact with a customer, the service
2    representatives or any other person who contacts customers
3    or potential customers on behalf of the cable or video
4    provider shall state the estimated cost of the service,
5    repair, or installation orally prior to delivery of the
6    service or before any work is performed, shall provide the
7    customer with an oral statement of the total charges before
8    terminating the telephone call or other contact in which a
9    service is ordered, whether in-person or over the Internet,
10    and shall provide a written statement of the total charges
11    before leaving the location at which the work was
12    performed. In the event that the cost of service is a
13    promotional price or is for a limited period of time, the
14    cost of service at the end of the promotion or limited
15    period of time shall be disclosed.
16        (5) Cable or video providers shall provide customers a
17    minimum of 30 days' written notice before increasing rates
18    or eliminating transmission of programming and shall
19    submit the notice of any rate increase to the local unit of
20    government in advance of distribution to customers,
21    provided that the cable or video provider is not in
22    violation of this provision if the elimination of
23    transmission of programming was outside the control of the
24    provider, in which case the provider shall use reasonable
25    efforts to provide as much notice as possible, and any rate
26    decrease related to the elimination of transmission of



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



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1    may be part of a billing statement only if the notice is
2    designed to be conspicuous. The cable or video providers
3    may not assess a late fee prior to the 24th day after the
4    date of the bill for service.
5        (5) Every notice of impending termination shall
6    include all of the following: the name and address of
7    customer; the amount of the delinquency; the date on which
8    payment is required to avoid termination; and the telephone
9    number of the cable or video provider's service
10    representative to make payment arrangements and to provide
11    additional information about the charges for failure to
12    return equipment and for reconnection, if any.
13        (6) Service may only be terminated on days when the
14    customer is able to reach a service representative of the
15    cable or video providers, either in person or by telephone.
16        (7) Any service terminated by a cable or video provider
17    without good cause shall be restored without any
18    reconnection fee, charge, or penalty; good cause for
19    termination includes, but is not limited to, failure to pay
20    a bill by the date specified in the notice of impending
21    termination, payment by check for which there are
22    insufficient funds, theft of service, abuse of equipment or
23    personnel, or other similar subscriber actions.
24        (8) Cable or video providers shall cease charging a
25    customer for any or all services within one business day
26    after it receives a request to immediately terminate



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1    service or on the day requested by the customer if such a
2    date is at least 5 days from the date requested by the
3    customer. Nothing in this subsection (c) shall prohibit the
4    provider from billing for charges that the customer incurs
5    prior to the date of termination. Cable or video providers
6    shall issue a credit no later than the customer's next
7    billing cycle following the determination that a credit is
8    warranted. Cable or video providers shall issue a refund or
9    return a deposit promptly, but not later than either the
10    customer's next billing cycle following resolution of the
11    request or 30 days, whichever is earlier, or the return of
12    equipment, if any, whichever is later.
13        (9) The customers or subscribers of a cable or video
14    provider shall be allowed to disconnect their service at
15    any time within the first 30 days after subscribing to or
16    upgrading the service. Within this 30-day period, cable or
17    video providers shall not charge or impose any fees or
18    penalties on the customer for disconnecting service,
19    including, but not limited to, any installation charge or
20    the imposition of an early termination charge, except the
21    cable or video provider may impose a charge or fee to
22    offset any rebates or credits received by the customer and
23    may impose monthly service or maintenance charges,
24    including pay-per-view and premium services charges,
25    during such 30-day period.
26        (10) Cable or video providers shall cease charging



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1    customers for internet modems rented to the customer when
2    the customer has paid to the provider the cost of the modem
3    and the customer requests that the rental charges be
4    discontinued. Cable and video providers shall provide
5    notice regarding the discontinuance of rental charges to
6    customers in each billing statement. The notice shall
7    include a disclosure of rights and responsibilities
8    relating to the maintenance of the modem.
9    (d) Response to customer inquiries:
10        (1) Cable or video providers will maintain a toll-free
11    telephone access line that is available to customers 24
12    hours a day, 7 days a week to accept calls regarding
13    installation, termination, service, and complaints.
14    Trained, knowledgeable, qualified service representatives
15    of the cable or video providers will be available to
16    respond to customer telephone inquiries during normal
17    business hours. Customer service representatives shall be
18    able to provide credit, waive fees, schedule appointments,
19    and change billing cycles. Any difficulties that cannot be
20    resolved by the customer service representatives shall be
21    referred to a supervisor who shall make his or her best
22    efforts to resolve the issue immediately. If the supervisor
23    does not resolve the issue to the customer's satisfaction,
24    the customer shall be informed of the cable or video
25    provider's complaint procedures and procedures for billing
26    dispute resolution and given a description of the rights



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



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



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1    begin working on "service interruptions" promptly and in no
2    event later than 24 hours after the interruption is
3    reported by the customer or otherwise becomes known to the
4    cable or video providers. Cable or video providers must
5    begin actions to correct other service problems the next
6    business day after notification of the service problem and
7    correct the problem.
8        (3) The "appointment window" alternatives for
9    installations, service calls, and other installation
10    activities will be either a specific time or, at a maximum,
11    a 4-hour time block during evening, weekend, and normal
12    business hours. The cable or video provider may schedule
13    service calls and other installation activities outside of
14    these hours for the express convenience of the 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 the
18    cable or video provider's representative is running late
19    for an appointment with a customer and will not be able to
20    keep the appointment as scheduled, the customer will be
21    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 of
6    government buildings, public libraries, and public primary
7    and secondary schools, whether owned or leased by that
8    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 to
26    eligible buildings under this subsection (f). If the cable



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



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



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1service or equipment.
2    (l) No contract or service agreement containing an early
3termination clause offering residential cable or video
4services or any bundle including such services shall be for a
5term longer than 2 years. Any contract or service offering with
6a term of service that contains an early termination fee shall
7limit the early termination fee to not more than the value of
8any additional goods or services provided with the cable or
9video services, the amount of the discount reflected in the
10price for cable services or video services for the period
11during which the consumer benefited from the discount, or a
12declining fee based on the remainder of the contract term.
13    (m) Cable or video providers shall not discriminate in the
14provision of services for the hearing and visually impaired,
15and shall comply with the accessibility requirements of 47
16U.S.C. 613. Cable or video providers shall deliver and pick-up
17or provide customers with pre-paid shipping and packaging for
18the return of converters and other necessary equipment at the
19home of customers with disabilities. Cable or video providers
20shall provide free use of a converter or remote control unit to
21mobility impaired customers.
22    (n)(1) To the extent consistent with federal law, cable or
23video providers shall comply with the provisions of 47 U.S.C.
24532(h) and (j). The cable or video providers shall not exercise
25any editorial control over any video programming provided
26pursuant to this Section, or in any other way consider the



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1content of such programming, except that a cable or video
2provider may refuse to transmit any leased access program or
3portion of a leased access program that contains obscenity,
4indecency, or nudity and may consider such content to the
5minimum extent necessary to establish a reasonable price for
6the commercial use of designated channel capacity by an
7unaffiliated person. This subsection (n) shall permit cable or
8video providers to enforce prospectively a written and
9published policy of prohibiting programming that the cable or
10video provider reasonably believes describes or depicts sexual
11or excretory activities or organs in a patently offensive
12manner as measured by contemporary community standards.
13        (2) Upon customer request, the cable or video provider
14    shall, without charge, fully scramble or otherwise fully
15    block the audio and video programming of each channel
16    carrying such programming so that a person who is not a
17    subscriber does not receive the channel or programming.
18        (3) In providing sexually explicit adult programming
19    or other programming that is indecent on any channel of its
20    service primarily dedicated to sexually oriented
21    programming, the cable or video provider shall fully
22    scramble or otherwise fully block the video and audio
23    portion of such channel so that a person who is not a
24    subscriber to such channel or programming does not receive
25    it.
26        (4) Scramble means to rearrange the content of the



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1    signal of the programming so that the programming cannot be
2    viewed or heard in an understandable manner.
3    (o) Cable or video providers will maintain a listing,
4specific to the level of street address, of the areas where its
5cable or video services are available. Customers who inquire
6about purchasing cable or video service shall be informed about
7whether the cable or video provider's cable or video services
8are currently available to them at their specific location.
9    (p) Cable or video providers shall not disclose the name,
10address, telephone number or other personally identifying
11information of a cable service or video service customer to be
12used in mailing lists or to be used for other commercial
13purposes not reasonably related to the conduct of its business
14unless the cable or video provider has provided to the customer
15a notice, separately or included in any other customer service
16notice, that clearly and conspicuously describes the
17customer's ability to prohibit the disclosure. Cable or video
18providers shall provide an address and telephone number for a
19customer to use without a toll charge to prevent disclosure of
20the customer's name and address in mailing lists or for other
21commercial purposes not reasonably related to the conduct of
22its business to other businesses or affiliates of the cable or
23video provider. Cable or video providers shall comply with the
24consumer privacy requirements of Section 26-4.5 of the Criminal
25Code of 2012, the Restricted Call Registry Act, and 47 U.S.C.
26551 that are in effect as of June 30, 2007 (the effective date



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1of Public Act 95-9) and as amended thereafter.
2    (q) Cable or video providers shall implement an informal
3process for handling inquiries from local units of government
4and customers concerning billing issues, service issues,
5privacy concerns, and other consumer complaints. In the event
6that an issue is not resolved through this informal process, a
7local unit of government or the customer may request nonbinding
8mediation with the cable or video provider, with each party to
9bear its own costs of such mediation. Selection of the mediator
10will be by mutual agreement, and preference will be given to
11mediation services that do not charge the consumer for their
12services. In the event that the informal process does not
13produce a satisfactory result to the customer or the local unit
14of government, enforcement may be pursued as provided in
15subdivision (4) of subsection (r) of this Section.
16    (r) The Attorney General and the local unit of government
17may enforce all of the customer service and privacy protection
18standards of this Section with respect to complaints received
19from residents within the local unit of government's
20jurisdiction, but it may not adopt or seek to enforce any
21additional or different customer service or performance
22standards under any other authority or provision of law.
23        (1) The local unit of government may, by ordinance,
24    provide a schedule of penalties for any material breach of
25    this Section by cable or video providers in addition to the
26    penalties provided herein. No monetary penalties shall be



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1    assessed for a material breach if it is out of the
2    reasonable control of the cable or video providers or its
3    affiliate. Monetary penalties adopted in an ordinance
4    pursuant to this Section shall apply on a competitively
5    neutral basis to all providers of cable service or video
6    service within the local unit of government's
7    jurisdiction. In no event shall the penalties imposed under
8    this subsection (r) exceed $750 for each day of the
9    material breach, and these penalties shall not exceed
10    $25,000 for each occurrence of a material breach per
11    customer.
12        (2) For purposes of this Section, "material breach"
13    means any substantial failure of a cable or video service
14    provider to comply with service quality and other standards
15    specified in any provision of this Act. The Attorney
16    General or the local unit of government shall give the
17    cable or video provider written notice of any alleged
18    material breaches of this Act and allow such provider at
19    least 30 days from receipt of the notice to remedy the
20    specified material breach.
21        (3) A material breach, for the purposes of assessing
22    penalties, shall be deemed to have occurred for each day
23    that a material breach has not been remedied by the cable
24    service or video service provider after the expiration of
25    the period specified in subdivision (2) of this subsection
26    (r) in each local unit of government's jurisdiction,



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1    irrespective of the number of customers affected.
2        (4) Any customer, the Attorney General, or a local unit
3    of government may pursue alleged violations of this Act by
4    the cable or video provider in a court of competent
5    jurisdiction. A cable or video provider may seek judicial
6    review of a decision of a local unit of government imposing
7    penalties in a court of competent jurisdiction. No local
8    unit of government shall be subject to suit for damages or
9    other relief based upon its action in connection with its
10    enforcement or review of any of the terms, conditions, and
11    rights contained in this Act except a court may require the
12    return of any penalty it finds was not properly assessed or
13    imposed.
14    (s) Cable or video providers shall credit customers for
15violations in the amounts stated herein. The credits shall be
16applied on the statement issued to the customer for the next
17monthly billing cycle following the violation or following the
18discovery of the violation. Cable or video providers are
19responsible for providing the credits described herein and the
20customer is under no obligation to request the credit. If the
21customer is no longer taking service from the cable or video
22provider, the credit amount will be refunded to the customer by
23check within 30 days of the termination of service. A local
24unit of government may, by ordinance, adopt a schedule of
25credits payable directly to customers for breach of the
26customer service standards and obligations contained in this



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1Article, provided the schedule of customer credits applies on a
2competitively neutral basis to all providers of cable service
3or video service in the local unit of government's jurisdiction
4and the credits are not greater than the credits provided in
5this Section.
6        (1) Failure to keep an appointment or to notify the
7    customer prior to the close of business on the business day
8    prior to the scheduled appointment: $25.00.
9        (2) Violation of customer service and billing
10    standards in subsections (c) and (d) of this Section:
11    $25.00 per occurrence.
12        (3) Violation of the bundling rules in subsection (h)
13    of this Section: $25.00 per month.
14    (t) The enforcement powers granted to the Attorney General
15in Article XXI of this Act shall apply to this Article, except
16that the Attorney General may not seek penalties for violation
17of this Article other than in the amounts specified herein.
18Nothing in this Section shall limit or affect the powers of the
19Attorney General to enforce the provisions of Article XXI of
20this Act or the Consumer Fraud and Deceptive Business Practices
22    (u) This Article applies to all cable and video providers
23in the State, including but not limited to those operating
24under a local franchise as that term is used in 47 U.S.C.
25522(9), those operating under authorization pursuant to
26Section 11-42-11 of the Illinois Municipal Code, those



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1operating under authorization pursuant to Section 5-1095 of the
2Counties Code, and those operating under a State-issued
3authorization pursuant to Article XXI of this Act.
4(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
598-45, eff. 6-28-13.)