Illinois General Assembly - Full Text of HB2691
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Full Text of HB2691  100th General Assembly




State of Illinois
2017 and 2018


Introduced , by Rep. Brandon W. Phelps - Jim Durkin - André Thapedi - Chad Hays - Michael J. Zalewski


220 ILCS 5/13-102  from Ch. 111 2/3, par. 13-102
220 ILCS 5/13-103  from Ch. 111 2/3, par. 13-103
220 ILCS 5/13-406  from Ch. 111 2/3, par. 13-406
220 ILCS 5/13-406.1 new
220 ILCS 5/21-401
220 ILCS 5/13-1200 rep.
220 ILCS 5/21-1601 rep.

    Amends the Public Utilities Act. Adds provisions to the Telecommunications Article concerning the transition of Large Electing Providers to Internet Protocol-based networks and service. Provides that beginning July 1, 2017, a Large Electing Provider may cease to offer and provide a telecommunications service to an identifiable class or group of customers, other than voice telecommunications service to residential customers, upon 60 days' notice to the Commission and affected customers. Provides that beginning July 1, 2017, a Large Electing Provider, may cease to offer and provide voice telecommunications service to an identifiable class or group of residential customers subject to compliance with specified requirements. Repeals language that provides for the repeal of the Telecommunications Article of the Public Utilities Act on July 1, 2017. Removes the December 31, 2020 expiration date for an Illinois Commerce Commission-issued authorization to offer or provide cable or video service. Repeals language that provides for the repeal of specified Sections of the Cable and Video Competition Article of the Illinois Public Utilities Act on July 1, 2017. Defines terms and makes other changes. Effective immediately.

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HB2691LRB100 07963 RJF 18037 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 2017
5High-speed Internet Investment and Telecommunications
6Modernization Act for Job Creation and Public Safety.
7    Section 5. The Public Utilities Act is amended by changing
8Sections 13-102, 13-103, 13-406, and 21-401 and by adding
9Section 13-406.1 as follows:
10    (220 ILCS 5/13-102)  (from Ch. 111 2/3, par. 13-102)
11    (Section scheduled to be repealed on July 1, 2017)
12    Sec. 13-102. Findings. With respect to telecommunications
13services, as herein defined, the General Assembly finds that:
14    (a) universally available and widely affordable
15telecommunications services are essential to the health,
16welfare and prosperity of all Illinois citizens;
17    (b) federal regulatory and judicial rulings in the 1980s
18caused a restructuring of the telecommunications industry and
19opened some aspects of the industry to competitive entry,
20thereby necessitating revision of State telecommunications
21regulatory policies and practices;
22    (c) revisions in telecommunications regulatory policies



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1and practices in Illinois beginning in the mid-1980s brought
2the benefits of competition to consumers in many
3telecommunications markets, but not in local exchange
4telecommunications service markets;
5    (d) the federal Telecommunications Act of 1996 established
6the goal of opening all telecommunications service markets to
7competition and accords to the states the responsibility to
8establish and enforce policies necessary to attain that goal;
9    (e) it is in the immediate interest of the People of the
10State of Illinois for the State to exercise its rights within
11the new framework of federal telecommunications policy to
12ensure that the economic benefits of competition in all
13telecommunications service markets are realized as effectively
14as possible;
15    (f) the competitive offering of all telecommunications
16services will increase innovation and efficiency in the
17provision of telecommunications services and may lead to
18reduced prices for consumers, increased investment in
19communications infrastructure, the creation of new jobs, and
20the attraction of new businesses to Illinois; and
21    (g) protection of the public interest requires changes in
22the regulation of telecommunications carriers and services to
23ensure, to the maximum feasible extent, the reasonable and
24timely development of effective competition in all
25telecommunications service markets; .
26    (h) Illinois residents rely on today's modern wired and



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1wireless Internet Protocol (IP) networks and services to
2improve their lives by connecting them to school and college
3degrees, work and job opportunities, family and friends,
4information, and entertainment, as well as emergency
5responders and public safety officials; Illinois businesses
6rely on these modern IP networks and services to compete in a
7global marketplace by expanding their customer base, managing
8inventory and operations more efficiently, and offering
9customers specialized and personalized products and services;
10without question, Illinois residents and our State's economy
11rely profoundly on the modern wired and wireless IP networks
12and services in our State;
13    (i) the transition from 20th century traditional circuit
14switched and other legacy telephone services to modern 21st
15century next generation Internet Protocol (IP) services is
16taking place at an extraordinary pace as Illinois consumers are
17upgrading to home communications service using IP technology,
18including high speed Internet, Voice over Internet Protocol,
19and wireless service;
20    (j) this rapid transition to IP-based communications has
21dramatically transformed the way people communicate and has
22provided significant benefits to consumers in the form of
23innovative functionalities resulting from the seamless
24convergence of voice, video, and text, benefits realized by the
25General Assembly when it chose to transition its own
26telecommunications system to an all IP communications network



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1in 2016;
2    (k) the benefits of the transition to IP-based networks and
3services were also recognized by the General Assembly in 2015
4through the enactment of legislation requiring that every 9-1-1
5emergency system in Illinois provide Next Generation 9-1-1
6service by July 1, 2020 and requiring that the Next Generation
79-1-1 network must be an IP-based platform; and
8    (l) completing the transition to all IP-based networks and
9technologies is in the public interest because it will promote
10continued innovation, consumer benefits, increased
11efficiencies, and increased investment in IP-based networks
12and services.
13(Source: P.A. 90-185, eff. 7-23-97.)
14    (220 ILCS 5/13-103)  (from Ch. 111 2/3, par. 13-103)
15    (Section scheduled to be repealed on July 1, 2017)
16    Sec. 13-103. Policy. Consistent with its findings, the
17General Assembly declares that it is the policy of the State of
18Illinois that:
19    (a) telecommunications services should be available to all
20Illinois citizens at just, reasonable, and affordable rates and
21that such services should be provided as widely and
22economically as possible in sufficient variety, quality,
23quantity and reliability to satisfy the public interest;
24    (b) consistent with the protection of consumers of
25telecommunications services and the furtherance of other



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1public interest goals, competition in all telecommunications
2service markets should be pursued as a substitute for
3regulation in determining the variety, quality and price of
4telecommunications services and that the economic burdens of
5regulation should be reduced to the extent possible consistent
6with the furtherance of market competition and protection of
7the public interest;
8    (c) all necessary and appropriate modifications to State
9regulation of telecommunications carriers and services should
10be implemented without unnecessary disruption to the
11telecommunications infrastructure system or to consumers of
12telecommunications services and that it is necessary and
13appropriate to establish rules to encourage and ensure orderly
14transitions in the development of markets for all
15telecommunications services;
16    (d) the consumers of telecommunications services and
17facilities provided by persons or companies subject to
18regulation pursuant to this Act and Article should be required
19to pay only reasonable and non-discriminatory rates or charges
20and that in no case should rates or charges for non-competitive
21telecommunications services include any portion of the cost of
22providing competitive telecommunications services, as defined
23in Section 13-209, or the cost of any nonregulated activities;
24    (e) the regulatory policies and procedures provided in this
25Article are established in recognition of the changing nature
26of the telecommunications industry and therefore should be



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1subject to systematic legislative review to ensure that the
2public benefits intended to result from such policies and
3procedures are fully realized; and
4    (f) development of and prudent investment in advanced
5telecommunications services and networks that foster economic
6development of the State should be encouraged through the
7implementation and enforcement of policies that promote
8effective and sustained competition in all telecommunications
9service markets; and .
10    (g) completion of the transition to modern IP-based
11networks should be encouraged through relief from the outdated
12regulations that require continued investment in legacy
13circuit switched networks from which Illinois consumers have
14largely transitioned, while at the same time ensuring that
15consumers have access to available alternative services that
16provide quality voice service and access to emergency
18(Source: P.A. 90-185, eff. 7-23-97.)
19    (220 ILCS 5/13-406)  (from Ch. 111 2/3, par. 13-406)
20    (Section scheduled to be repealed on July 1, 2017)
21    Sec. 13-406. Abandonment of service. No telecommunications
22carrier offering or providing noncompetitive
23telecommunications service pursuant to a valid Certificate of
24Service Authority or certificate of public convenience and
25necessity shall discontinue or abandon such service once



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1initiated until and unless it shall demonstrate, and the
2Commission finds, after notice and hearing, that such
3discontinuance or abandonment will not deprive customers of any
4necessary or essential telecommunications service or access
5thereto and is not otherwise contrary to the public interest.
6No telecommunications carrier offering or providing
7competitive telecommunications service shall completely
8discontinue or abandon such service to an identifiable class or
9group of customers once initiated except upon 60 days notice to
10the Commission and affected customers. The Commission may, upon
11its own motion or upon complaint, investigate the proposed
12discontinuance or abandonment of a competitive
13telecommunications service and may, after notice and hearing,
14prohibit such proposed discontinuance or abandonment if the
15Commission finds that it would be contrary to the public
16interest. If the Commission does not provide notice of a
17hearing within 60 calendar days after the notification or holds
18a hearing and fails to find that the proposed discontinuation
19or abandonment would be contrary to the public interest, the
20provider may discontinue or abandon such service after
21providing at least 30 days notice to affected customers. This
22Section does not apply to a Large Electing Provider proceeding
23under Section 13-406.1.
24(Source: P.A. 96-927, eff. 6-15-10.)
25    (220 ILCS 5/13-406.1 new)



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1    Sec. 13-406.1. Large Electing Provider transition to
2IP-based networks and service.
3    (a) Consistent with the findings of paragraphs (h) through
4(l) of Section 13-102, which recognize the benefits of the
5transition from 20th century traditional circuit switched and
6other legacy telephone networks and services to modern 21st
7century next generation Internet Protocol-based (IP-based)
8networks and services, the General Assembly enacts this Section
9as a means of furthering the policy goals of paragraph (g) of
10Section 13-103, by providing relief from outdated regulations
11that require continued investment in legacy circuit switched
12networks from which Illinois consumers have largely
13transitioned, while at the same time ensuring access to quality
14alternative voice service and emergency communications.
15    (b) As used in this Section:
16    "Alternative voice service" means service that includes
17all of the applicable functionalities for voice telephony
18services described in 47 CFR 54.101(a).
19    "Existing customer" means a residential customer of the
20Large Electing Provider who is subscribing to a
21telecommunications service at the customer's residence on the
22date the Large Electing Provider sends its second notice under
23paragraph (3) of subsection (d) of this Section of its intent
24to cease offering and providing such service.
25    "Large Electing Provider" means an Electing Provider, as
26defined in Section 13-506.2, that reported in its annual



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1competition report for the year 2016 filed with the Commission
2pursuant to Section 13-407 and 83 Ill. Adm. Code 793 that it
3provided at least 700,000 access lines to end users.
4    "New customer" means a residential customer who is not
5subscribing to a telecommunications service provided by the
6Large Electing Provider at the customer's residence on the date
7the Large Electing Provider sends its second notice under
8paragraph (3) of subsection (d) of this Section of its intent
9to cease offering and providing such service.
10    "Reliable access to 9-1-1" means access to 9-1-1 that
11complies with the applicable rules, regulations, and
12guidelines established by the Federal Communications
14    "Willing provider" means a provider that voluntarily
15participates in the request for service process.
16    (c) Beginning July 1, 2017, a Large Electing Provider may,
17to the extent permitted by and consistent with federal law,
18cease to offer and provide a telecommunications service to an
19identifiable class or group of customers, other than voice
20telecommunications service to residential customers, upon 60
21days' notice to the Commission and affected customers.
22    (d) Beginning July 1, 2017, a Large Electing Provider, may,
23to the extent permitted by and consistent with federal law,
24cease to offer and provide voice telecommunications service to
25an identifiable class or group of residential customers, for
26the purposes of this subsection referred to as "requested



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1service", subject to compliance with the following
3        (1) At the same time that it gives notice to the
4    Federal Communications Commission of its intent to
5    discontinue the interstate-access component of the
6    requested service, the Large Electing Provider shall:
7            (A) file a notice of proposal to cease to offer and
8        provide the requested service with the Commission; and
9            (B) provide a notice of proposal to cease to offer
10        and provide the requested service to each of the Large
11        Electing Provider's customers within each affected
12        local exchange, with the notice made by first-class
13        mail or within customer bills delivered by mail or
14        equivalent means of notice, including electronic means
15        if the customer has elected electronic billing.
16        (2) Upon approval by the Federal Communications
17    Commission of its request to discontinue the
18    interstate-access component of the requested service, the
19    Large Electing Provider may cease to offer and provide the
20    requested service to new customers immediately upon the
21    filing of a notice with the Commission pursuant to
22    subparagraph (A) of paragraph (3) of this subsection.
23        (3) Upon approval of by the Federal Communications
24    Commission of its request to discontinue the
25    interstate-access component of the requested service, the
26    Large Electing Provider shall, at least 90 days before



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1    ceasing to offer or provide such service to an existing
2    customer, do the following:
3            (A) file a notice of the cessation of the requested
4        service with the Commission; and
5            (B) provide notice of the cessation of the
6        requested service to each of the Large Electing
7        Provider's existing customers within the local
8        exchange by first-class mail or within customer bills
9        delivered by mail or equivalent means of notice,
10        including electronic means if the customer has elected
11        electronic billing. The notice provided under this
12        subparagraph must identify the date on which the Large
13        Electing Provider intends to cease offering or
14        providing the telecommunications service and provide a
15        telephone number by which the existing customer may
16        contact a service representative of the Large Electing
17        Provider.
18        (4) After July 1, 2017, and only in an area for which a
19    Large Electing Provider has given notice of cessation of
20    the requested service to existing customers under
21    paragraph (3) of this subsection, an existing customer of
22    that provider may, within 60 days after issuance of such
23    notice, request the Commission to investigate the
24    availability of alternative voice service with reliable
25    access to 9-1-1 to that customer. For the purposes of this
26    paragraph, existing customers who make such a request are



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1    referred to as "requesting existing customers".
2            (A) In response to all requests under this
3        paragraph (4), the Commission shall conduct a single
4        investigation to be commenced 75 days after receipt of
5        notice under paragraph (3) of this subsection and
6        completed within 90 days after commencement.
7                (i) If, as a result of the investigation, the
8            Commission finds that service from at least one
9            provider offering alternative voice service with
10            reliable access to 9-1-1 through any technology or
11            medium is available to one or more requesting
12            existing customers, the Commission shall declare
13            by order that, with respect to the requesting
14            existing customers for which such finding is made,
15            the Large Electing Provider may cease to offer or
16            provide the requested service.
17                (ii) If, as a result of the investigation, the
18            Commission finds that service from at least one
19            provider offering alternative voice service with
20            reliable access to 9-1-1 through any technology or
21            medium is not available to one or more requesting
22            existing customers, the Commission may declare by
23            order that an emergency exists with respect to the
24            requesting existing customers for which such
25            finding is made.
26                (iii) If, within 90 days after commencement of



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1            the investigation, the Commission does not issue
2            an order as described in subdivision (i) or (ii) of
3            this subparagraph (A) with respect to one or more
4            requesting existing customers, the Commission
5            shall be deemed to have found that at least one
6            provider offering alternative voice service with
7            reliable access to 9-1-1 through any technology or
8            medium is available to such requesting existing
9            customers and the Large Electing Provider may
10            cease to offer or provide service to such
11            requesting existing customers.
12            (B) If the Commission declares an emergency under
13        subdivision (ii) of subparagraph (A) of this paragraph
14        (4) with respect to one or more requesting existing
15        customers, the Commission shall conduct a request for
16        service process to identify a willing provider of
17        alternative voice service with reliable access to
18        9-1-1 to such requesting existing customers. A
19        provider shall not be required to participate in the
20        request for service process. The willing provider may
21        utilize any form of technology that is capable of
22        providing alternative voice service with reliable
23        access to 9-1-1, including, without limitation, Voice
24        over Internet Protocol services and wireless services.
25                (i) If the Commission, within 90 days after the
26            issuance of the order finding that an emergency



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1            exists, determines that another provider is
2            willing and capable of providing alternative voice
3            service with reliable access to 9-1-1 to those
4            requesting existing customers for which an
5            emergency has been declared, the Commission shall
6            declare by order that, with respect to the
7            requesting existing customers for which such
8            finding is made, the Large Electing Provider may
9            cease to offer or provide the requested service.
10                (ii) If the Commission, within 90 days after
11            the issuance of the order finding that an emergency
12            exists, determines that no other provider is
13            willing and capable of providing alternative voice
14            service with reliable access to 9-1-1 to those
15            requesting existing customers for which an
16            emergency has been declared, the Commission may
17            issue an order requiring the Large Electing
18            Provider to provide alternative voice service with
19            reliable access to 9-1-1 to such requesting
20            existing customers utilizing any form of
21            technology capable of providing alternative voice
22            service with reliable access to 9-1-1, including,
23            without limitation, Voice over Internet Protocol
24            services and wireless services, until another
25            willing provider is available. A Large Electing
26            Provider may fulfill the requirement through an



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1            affiliate or another provider.
2                (iii) If, within 90 days after the issuance of
3            the order finding that an emergency exists, the
4            Commission does not issue an order as described in
5            either subdivision (i) or subdivision (ii) of this
6            subparagraph with respect to one or more
7            requesting existing customers for which an
8            emergency has been declared, the Commission shall
9            be deemed to have found that at least one provider
10            offering alternative voice service with reliable
11            access to 9-1-1 through any technology or medium is
12            available to such requesting existing customers
13            and the Large Electing Provider may cease to offer
14            or provide service to such requesting existing
15            customers.
16            (C) Subject to the provisions of subdivision (iii)
17        of subparagraph (A) and subdivision (iii) of
18        subparagraph (B), the Large Electing Provider shall
19        not cease to offer or provide the requested service to
20        (i) any requesting existing customer prior to the
21        completion of the investigation under subparagraph (A)
22        of paragraph (4) of this subsection; or (ii) any
23        requesting existing customer for which an emergency
24        has been declared prior to completion of the request
25        for service process under subparagraph (B) of
26        paragraph (4) of this subsection. A request by an



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1        existing customer for an investigation and any related
2        investigation or proceeding related to a request for
3        service under paragraph (4) of this subsection shall
4        not, however, prevent the Large Electing Provider from
5        ceasing to offer or provide the requested service to
6        existing customers other than requesting existing
7        customers in accordance the provisions of paragraph
8        (3) of this subsection during the pendency of the
9        investigation or proceeding related to request for
10        service.
11        (5) Notwithstanding any other provision of this Act,
12    and except as expressly authorized by this subsection, the
13    Commission may not, upon its own motion or upon complaint,
14    investigate, suspend, disapprove, condition, or otherwise
15    regulate the cessation of a telecommunications service to
16    an identifiable class or group of customers once initiated
17    by a Large Electing Provider pursuant to subsection (c) or
18    this subsection.
19    (220 ILCS 5/21-401)
20    (Section scheduled to be repealed on July 1, 2017)
21    Sec. 21-401. Applications.
22    (a)(1) A person or entity seeking to provide cable service
23or video service pursuant to this Article shall not use the
24public rights-of-way for the installation or construction of
25facilities for the provision of cable service or video service



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1or offer cable service or video service until it has obtained a
2State-issued authorization to offer or provide cable or video
3service under this Section, except as provided for in item (2)
4of this subsection (a). All cable or video providers offering
5or providing service in this State shall have authorization
6pursuant to either (i) the Cable and Video Competition Law of
72007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
8Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
95-1095 of the Counties Code (55 ILCS 5/5-1095).
10    (2) Nothing in this Section shall prohibit a local unit of
11government from granting a permit to a person or entity for the
12use of the public rights-of-way to install or construct
13facilities to provide cable service or video service, at its
14sole discretion. No unit of local government shall be liable
15for denial or delay of a permit prior to the issuance of a
16State-issued authorization.
17    (b) The application to the Commission for State-issued
18authorization shall contain a completed affidavit submitted by
19the applicant and signed by an officer or general partner of
20the applicant affirming all of the following:
21        (1) That the applicant has filed or will timely file
22    with the Federal Communications Commission all forms
23    required by that agency in advance of offering cable
24    service or video service in this State.
25        (2) That the applicant agrees to comply with all
26    applicable federal and State statutes and regulations.



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1        (3) That the applicant agrees to comply with all
2    applicable local unit of government regulations.
3        (4) An exact description of the cable service or video
4    service area where the cable service or video service will
5    be offered during the term of the State-issued
6    authorization. The service area shall be identified in
7    terms of either (i) exchanges, as that term is defined in
8    Section 13-206 of this Act; (ii) a collection of United
9    States Census Bureau Block numbers (13 digit); (iii) if the
10    area is smaller than the areas identified in either (i) or
11    (ii), by geographic information system digital boundaries
12    meeting or exceeding national map accuracy standards; or
13    (iv) local unit of government. The description shall
14    include the number of low-income households within the
15    service area or footprint. If an applicant is an incumbent
16    cable operator, the incumbent cable operator and any
17    successor-in-interest shall be obligated to provide access
18    to cable services or video services within any local units
19    of government at the same levels required by the local
20    franchising authorities for the local unit of government on
21    June 30, 2007 (the effective date of Public Act 95-9), and
22    its application shall provide a description of an area no
23    smaller than the service areas contained in its franchise
24    or franchises within the jurisdiction of the local unit of
25    government in which it seeks to offer cable or video
26    service.



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1        (5) The location and telephone number of the
2    applicant's principal place of business within this State
3    and the names of the applicant's principal executive
4    officers who are responsible for communications concerning
5    the application and the services to be offered pursuant to
6    the application, the applicant's legal name, and any name
7    or names under which the applicant does or will provide
8    cable services or video services in this State.
9        (6) A certification that the applicant has
10    concurrently delivered a copy of the application to all
11    local units of government that include all or any part of
12    the service area identified in item (4) of this subsection
13    (b) within such local unit of government's jurisdictional
14    boundaries.
15        (7) The expected date that cable service or video
16    service will be initially offered in the area identified in
17    item (4) of this subsection (b). In the event that a holder
18    does not offer cable services or video services within 3
19    months after the expected date, it shall amend its
20    application and update the expected date service will be
21    offered and explain the delay in offering cable services or
22    video services.
23        (8) For any entity that received State-issued
24    authorization prior to this amendatory Act of the 98th
25    General Assembly as a cable operator and that intends to
26    proceed as a cable operator under this Article, the entity



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1    shall file a written affidavit with the Commission and
2    shall serve a copy of the affidavit with any local units of
3    government affected by the authorization within 30 days
4    after the effective date of this amendatory Act of the 98th
5    General Assembly stating that the holder will be providing
6    cable service under the State-issued authorization.
7    The application shall include adequate assurance that the
8applicant possesses the financial, managerial, legal, and
9technical qualifications necessary to construct and operate
10the proposed system, to promptly repair any damage to the
11public right-of-way caused by the applicant, and to pay the
12cost of removal of its facilities. To accomplish these
13requirements, the applicant may, at the time the applicant
14seeks to use the public rights-of-way in that jurisdiction, be
15required by the State of Illinois or later be required by the
16local unit of government, or both, to post a bond, produce a
17certificate of insurance, or otherwise demonstrate its
18financial responsibility.
19    The application shall include the applicant's general
20standards related to customer service required by Section
2122-501 of this Act, which shall include, but not be limited to,
22installation, disconnection, service and repair obligations;
23appointment hours; employee ID requirements; customer service
24telephone numbers and hours; procedures for billing, charges,
25deposits, refunds, and credits; procedures for termination of
26service; notice of deletion of programming service and changes



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1related to transmission of programming or changes or increases
2in rates; use and availability of parental control or lock-out
3devices; complaint procedures and procedures for bill dispute
4resolution and a description of the rights and remedies
5available to consumers if the holder does not materially meet
6their customer service standards; and special services for
7customers with visual, hearing, or mobility disabilities.
8    (c)(1) The applicant may designate information that it
9submits in its application or subsequent reports as
10confidential or proprietary, provided that the applicant
11states the reasons the confidential designation is necessary.
12The Commission shall provide adequate protection for such
13information pursuant to Section 4-404 of this Act. If the
14Commission, a local unit of government, or any other party
15seeks public disclosure of information designated as
16confidential, the Commission shall consider the confidential
17designation in a proceeding under the Illinois Administrative
18Procedure Act, and the burden of proof to demonstrate that the
19designated information is confidential shall be upon the
20applicant. Designated information shall remain confidential
21pending the Commission's determination of whether the
22information is entitled to confidential treatment. Information
23designated as confidential shall be provided to local units of
24government for purposes of assessing compliance with this
25Article as permitted under a Protective Order issued by the
26Commission pursuant to the Commission's rules and to the



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1Attorney General pursuant to Section 6.5 of the Attorney
2General Act (15 ILCS 205/6.5). Information designated as
3confidential under this Section or determined to be
4confidential upon Commission review shall only be disclosed
5pursuant to a valid and enforceable subpoena or court order or
6as required by the Freedom of Information Act. Nothing herein
7shall delay the application approval timeframes set forth in
8this Article.
9    (2) Information regarding the location of video services
10that have been or are being offered to the public and aggregate
11information included in the reports required by this Article
12shall not be designated or treated as confidential.
13    (d)(1) The Commission shall post all applications it
14receives under this Article on its web site within 5 business
16    (2) The Commission shall notify an applicant for a cable
17service or video service authorization whether the applicant's
18application and affidavit are complete on or before the 15th
19business day after the applicant submits the application. If
20the application and affidavit are not complete, the Commission
21shall state in its notice all of the reasons the application or
22affidavit are incomplete, and the applicant shall resubmit a
23complete application. The Commission shall have 30 days after
24submission by the applicant of a complete application and
25affidavit to issue the service authorization. If the Commission
26does not notify the applicant regarding the completeness of the



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1application and affidavit or issue the service authorization
2within the time periods required under this subsection, the
3application and affidavit shall be considered complete and the
4service authorization issued upon the expiration of the 30th
6    (e) Any authorization issued by the Commission will expire
7on December 31, 2020 and shall contain or include all of the
9        (1) A grant of authority, including an authorization
10    issued prior to this amendatory Act of the 98th General
11    Assembly, to provide cable service or video service in the
12    service area footprint as requested in the application,
13    subject to the provisions of this Article in existence on
14    the date the grant of authority was issued, and any
15    modifications to this Article enacted at any time prior to
16    the date in Section 21-1601 of this Act, and to the laws of
17    the State and the ordinances, rules, and regulations of the
18    local units of government.
19        (2) A grant of authority to use, occupy, and construct
20    facilities in the public rights-of-way for the delivery of
21    cable service or video service in the service area
22    footprint, subject to the laws, ordinances, rules, or
23    regulations of this State and local units of governments.
24        (3) A statement that the grant of authority is subject
25    to lawful operation of the cable service or video service
26    by the applicant, its affiliated entities, or its



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1    successors-in-interest.
2    (e-5) The Commission shall notify a local unit of
3government within 3 business days of the grant of any
4authorization within a service area footprint if that
5authorization includes any part of the local unit of
6government's jurisdictional boundaries and state whether the
7holder will be providing video service or cable service under
8the authorization.
9    (f) The authorization issued pursuant to this Section by
10the Commission may be transferred to any successor-in-interest
11to the applicant to which it is initially granted without
12further Commission action if the successor-in-interest (i)
13submits an application and the information required by
14subsection (b) of this Section for the successor-in-interest
15and (ii) is not in violation of this Article or of any federal,
16State, or local law, ordinance, rule, or regulation. A
17successor-in-interest shall file its application and notice of
18transfer with the Commission and the relevant local units of
19government no less than 15 business days prior to the
20completion of the transfer. The Commission is not required or
21authorized to act upon the notice of transfer; however, the
22transfer is not effective until the Commission approves the
23successor-in-interest's application. A local unit of
24government or the Attorney General may seek to bar a transfer
25of ownership by filing suit in a court of competent
26jurisdiction predicated on the existence of a material and



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1continuing breach of this Article by the holder, a pattern of
2noncompliance with customer service standards by the potential
3successor-in-interest, or the insolvency of the potential
4successor-in-interest. If a transfer is made when there are
5violations of this Article or of any federal, State, or local
6law, ordinance, rule, or regulation, the successor-in-interest
7shall be subject to 3 times the penalties provided for in this
9    (g) The authorization issued pursuant to this Section by
10the Commission may be terminated, or its cable service or video
11service area footprint may be modified, by the cable service
12provider or video service provider by submitting notice to the
13Commission and to the relevant local unit of government
14containing a description of the change on the same terms as the
15initial description pursuant to item (4) of subsection (b) of
16this Section. The Commission is not required or authorized to
17act upon that notice. It shall be a violation of this Article
18for a holder to discriminate against potential residential
19subscribers because of the race or income of the residents in
20the local area in which the group resides by terminating or
21modifying its cable service or video service area footprint. It
22shall be a violation of this Article for a holder to terminate
23or modify its cable service or video service area footprint if
24it leaves an area with no cable service or video service from
25any provider.
26    (h) The Commission's authority to administer this Article



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1is limited to the powers and duties explicitly provided under
2this Article. Its authority under this Article does not include
3or limit the powers and duties that the Commission has under
4the other Articles of this Act, the Illinois Administrative
5Procedure Act, or any other law or regulation to conduct
6proceedings, other than as provided in subsection (c), or has
7to promulgate rules or regulations. The Commission shall not
8have the authority to limit or expand the obligations and
9requirements provided in this Section or to regulate or control
10a person or entity to the extent that person or entity is
11providing cable service or video service, except as provided in
12this Article.
13(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6,
14eff. 6-29-15.)
15    (220 ILCS 5/13-1200 rep.)
16    (220 ILCS 5/21-1601 rep.)
17    Section 10. The Public Utilities Act is amended by
18repealing Sections 13-1200 and 21-1601.
19    Section 99. Effective date. This Act takes effect upon
20becoming law.