Illinois General Assembly - Full Text of HB5214
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Full Text of HB5214  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/9/2024, by Rep. Lilian Jiménez


220 ILCS 5/13-301.1 rep.
220 ILCS 5/13-506.2
305 ILCS 23/5
305 ILCS 23/10
305 ILCS 23/15
305 ILCS 23/20

    Amends the Public Utilities Act. Repeals provisions requiring the Illinois Commerce Commission to establish a Universal Telephone Service Assistance Program for low-income residential customers and to adopt rules providing for enhanced enrollment for eligible consumers to receive lifeline service. Repeals a provision requiring an Electing Provider, located in the same geographic area in which local exchange telecommunications services were classified as competitive, to be subject to the same terms and conditions as provided in commitments made by the Electing Provider in connection with the previous competitive classifications. Repeals provisions requiring an Electing Provider to continue to offer and provide the optional packages under the Act to existing customers and new customers through July 1, 2017. Amends the Broadband Adoption Fund Act. Provides that "broadband internet" means a minimum service level of at least 25 megabits per second download speed. Provides that "provider" means a provider of communication services or broadband Internet in the State. Provides for the provision of devices used to connect to the Internet. Provides that providers shall notify customers that, if the customer wishes to participate in the funding of the Illinois Broadband Adoption Fund, the customer may do so by electing to contribute on a monthly basis a fixed amount that will be included in the customer's monthly bill. Sets forth related requirements. Describes a customer's right to cease contributing to the Fund at any time. Effective immediately.

LRB103 37479 CES 67602 b





HB5214LRB103 37479 CES 67602 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    (220 ILCS 5/13-301.1 rep.)
5    Section 5. The Public Utilities Act is amended by
6repealing Section 13-301.1.
7    Section 10. The Public Utilities Act is amended by
8changing Section 13-506.2 as follows:
9    (220 ILCS 5/13-506.2)
10    (Section scheduled to be repealed on December 31, 2026)
11    Sec. 13-506.2. Market regulation for competitive retail
13    (a) Definitions. As used in this Section:
14        (1) "Electing Provider" means a telecommunications
15    carrier that is subject to either rate regulation pursuant
16    to Section 13-504 or Section 13-505 or alternative
17    regulation pursuant to Section 13-506.1 and that elects to
18    have the rates, terms, and conditions of its competitive
19    retail telecommunications services solely determined and
20    regulated pursuant to the terms of this Article.
21        (2) "Basic local exchange service" means either a
22    stand-alone residence network access line and per-call



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1    usage or, for any geographic area in which such
2    stand-alone service is not offered, a stand-alone flat
3    rate residence network access line for which local calls
4    are not charged for frequency or duration. Extended Area
5    Service shall be included in basic local exchange service.
6        (3) "Existing customer" means a residential customer
7    who was subscribing to one of the optional packages
8    described in subsection (d) of this Section as of the
9    effective date of this amendatory Act of the 99th General
10    Assembly. A customer who was subscribing to one of the
11    optional packages on that date but stops subscribing
12    thereafter shall not be considered an "existing customer"
13    as of the date the customer stopped subscribing to the
14    optional package, unless the stoppage is temporary and
15    caused by the customer changing service address locations,
16    or unless the customer resumes subscribing and is eligible
17    to receive discounts on monthly telephone service under
18    the federal Lifeline program, 47 C.F.R. Part 54, Subpart
19    E.
20        (4) "New customer" means a residential customer who
21    was not subscribing to one of the optional packages
22    described in subsection (d) of this Section as of the
23    effective date of this amendatory Act of the 99th General
24    Assembly and who is eligible to receive discounts on
25    monthly telephone service under the federal Lifeline
26    program, 47 C.F.R. Part 54, Subpart E.



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1    (b) Election for market regulation. Notwithstanding any
2other provision of this Act, an Electing Provider may elect to
3have the rates, terms, and conditions of its competitive
4retail telecommunications services solely determined and
5regulated pursuant to the terms of this Section by filing
6written notice of its election for market regulation with the
7Commission. The notice of election shall designate the
8geographic area of the Electing Provider's service territory
9where the market regulation shall apply, either on a
10state-wide basis or in one or more specified Market Service
11Areas ("MSA") or Exchange areas. An Electing Provider shall
12not make an election for market regulation under this Section
13unless it commits in its written notice of election for market
14regulation to fulfill the conditions and requirements in this
15Section in each geographic area in which market regulation is
16elected. Immediately upon filing the notice of election for
17market regulation, the Electing Provider shall be subject to
18the jurisdiction of the Commission to the extent expressly
19provided in this Section.
20    (c) Competitive classification. Market regulation shall be
21available for competitive retail telecommunications services
22as provided in this subsection.
23        (1) For geographic areas in which telecommunications
24    services provided by the Electing Provider were classified
25    as competitive either through legislative action or a
26    tariff filing pursuant to Section 13-502 prior to January



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1    1, 2010, and that are included in the Electing Provider's
2    notice of election pursuant to subsection (b) of this
3    Section, such services, and all recurring and nonrecurring
4    charges associated with, related to or used in connection
5    with such services, shall be classified as competitive
6    without further Commission review. For services classified
7    as competitive pursuant to this subsection, the
8    requirements or conditions in any order or decision
9    rendered by the Commission pursuant to Section 13-502
10    prior to the effective date of this amendatory Act of the
11    96th General Assembly, except for the commitments made by
12    the Electing Provider in such order or decision concerning
13    the optional packages required in subsection (d) of this
14    Section and basic local exchange service as defined in
15    this Section, shall no longer be in effect and no
16    Commission investigation, review, or proceeding under
17    Section 13-502 shall be continued, conducted, or
18    maintained with respect to such services, charges,
19    requirements, or conditions. If an Electing Provider has
20    ceased providing optional packages to customers pursuant
21    to subdivision (d)(8) of this Section, the commitments
22    made by the Electing Provider in such order or decision
23    concerning the optional packages under subsection (d) of
24    this Section shall no longer be in effect and no
25    Commission investigation, review, or proceeding under
26    Section 13-502 shall be continued, conducted, or



HB5214- 5 -LRB103 37479 CES 67602 b

1    maintained with respect to such packages.
2        (2) For those geographic areas in which residential
3    local exchange telecommunications services have not been
4    classified as competitive as of the effective date of this
5    amendatory Act of the 96th General Assembly, all
6    telecommunications services provided to residential and
7    business end users by an Electing Provider in the
8    geographic area that is included in its notice of election
9    pursuant to subsection (b) shall be classified as
10    competitive for purposes of this Article without further
11    Commission review.
12        (3) If an Electing Provider was previously subject to
13    alternative regulation pursuant to Section 13-506.1 of
14    this Article, the alternative regulation plan shall
15    terminate in whole for all services subject to that plan
16    and be of no force or effect, without further Commission
17    review or action, when the Electing Provider's residential
18    local exchange telecommunications service in each MSA in
19    its telecommunications service area in the State has been
20    classified as competitive pursuant to either subdivision
21    (c)(1) or (c)(2) of this Section.
22        (4) The service packages described in Section 13-518
23    shall be classified as competitive for purposes of this
24    Section if offered by an Electing Provider in a geographic
25    area in which local exchange telecommunications service
26    has been classified as competitive pursuant to either



HB5214- 6 -LRB103 37479 CES 67602 b

1    subdivision (c)(1) or (c)(2) of this Section.
2        (5) Where a service, or its functional equivalent, or
3    a substitute service offered by a carrier that is not an
4    Electing Provider or the incumbent local exchange carrier
5    for that area is also being offered by an Electing
6    Provider for some identifiable class or group of customers
7    in an exchange, group of exchanges, or some other clearly
8    defined geographical area, the service offered by a
9    carrier that is not an Electing Provider or the incumbent
10    local exchange carrier for that area shall be classified
11    as competitive without further Commission review.
12        (6) Notwithstanding any other provision of this Act,
13    retail telecommunications services classified as
14    competitive pursuant to Section 13-502 or subdivision
15    (c)(5) of this Section shall have their rates, terms, and
16    conditions solely determined and regulated pursuant to the
17    terms of this Section in the same manner and to the same
18    extent as the competitive retail telecommunications
19    services of an Electing Provider, except that subsections
20    (d), (g), and (j) of this Section shall not apply to a
21    carrier that is not an Electing Provider or to the
22    competitive telecommunications services of a carrier that
23    is not an Electing Provider. The access services of a
24    carrier that is not an Electing Provider shall remain
25    subject to Section 13-900.2. The requirements in
26    subdivision (e)(3) of this Section shall not apply to



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1    retail telecommunications services classified as
2    competitive pursuant to Section 13-502 or subdivision
3    (c)(5) of this Section, except that, upon request from the
4    Commission, the telecommunications carrier providing
5    competitive retail telecommunications services shall
6    provide a report showing the number of credits and
7    exemptions for the requested time period.
8    (d) Each Electing Provider shall offer consumer Consumer
9choice safe harbor options.
10        (1) An Electing Provider Subject to subdivision (d)(8)
11    of this Section, an Electing Provider in each of the MSA or
12    Exchange areas classified as competitive pursuant to
13    subdivision (c)(1) or (c)(2) of this Section shall offer
14    to all residential customers who choose to subscribe the
15    following optional packages of services priced at the same
16    rate levels in effect on January 1, 2010:
17            (A) A basic package, which shall consist of a
18        stand-alone residential network access line and 30
19        local calls. If the Electing Provider offers a
20        stand-alone residential access line and local usage on
21        a per call basis, the price for the basic package shall
22        be the Electing Provider's applicable price in effect
23        on January 1, 2010 for the sum of a residential access
24        line and 30 local calls, additional calls over 30
25        calls shall be provided at the current per call rate.
26        However, this basic package is not required if



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1        stand-alone residential network access lines or
2        per-call local usage are not offered by the Electing
3        Provider in the geographic area on January 1, 2010 or
4        if the Electing Provider has not increased its
5        stand-alone network access line and local usage rates,
6        including Extended Area Service rates, since January
7        1, 2010.
8            (B) An extra package, which shall consist of
9        residential basic local exchange network access line
10        and unlimited local calls. The price for the extra
11        package shall be the Electing Provider's applicable
12        price in effect on January 1, 2010 for a residential
13        access line with unlimited local calls.
14            (C) A plus package, which shall consist of
15        residential basic local exchange network access line,
16        unlimited local calls, and the customer's choice of 2
17        vertical services offered by the Electing Provider.
18        The term "vertical services" as used in this
19        subsection, includes, but is not limited to, call
20        waiting, call forwarding, 3-way calling, caller ID,
21        call tracing, automatic callback, repeat dialing, and
22        voicemail. The price for the plus package shall be the
23        Electing Provider's applicable price in effect on
24        January 1, 2010 for the sum of a residential access
25        line with unlimited local calls and 2 times the
26        average price for the vertical features included in



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1        the package.
2        (2) (Blank). Subject to subdivision (d)(8) of this
3    Section, for those geographic areas in which local
4    exchange telecommunications services were classified as
5    competitive on the effective date of this amendatory Act
6    of the 96th General Assembly, an Electing Provider in each
7    such MSA or Exchange area shall be subject to the same
8    terms and conditions as provided in commitments made by
9    the Electing Provider in connection with such previous
10    competitive classifications, which shall apply with equal
11    force under this Section, except as follows: (i) the
12    limits on price increases on the optional packages
13    required by this Section shall be extended consistent with
14    subsection (d)(1) of this Section and (ii) the price for
15    the extra package required by subsection (d)(1)(B) shall
16    be reduced by one dollar from the price in effect on
17    January 1, 2010. In addition, if an Electing Provider
18    obtains a competitive classification pursuant to
19    subsection (c)(1) and (c)(2), the price for the optional
20    packages shall be determined in such area in compliance
21    with subsection (d)(1), except the price for the plus
22    package required by subsection (d)(1) (C) shall be the
23    lower of the price for such area or the price of the plus
24    package in effect on January 1, 2010 for areas classified
25    as competitive pursuant to subsection (c)(1).
26        (3) (Blank). To the extent that the requirements in



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1    Section 13-518 applied to a telecommunications carrier
2    prior to the effective date of this Section and that
3    telecommunications carrier becomes an Electing Provider in
4    accordance with the provisions of this Section, the
5    requirements in Section 13-518 shall cease to apply to
6    that Electing Provider in those geographic areas included
7    in the Electing Provider's notice of election pursuant to
8    subsection (b) of this Section.
9        (4) Each Subject to subdivision (d)(8) of this
10    Section, an Electing Provider shall make the optional
11    packages required by this subsection and stand-alone
12    residential network access lines and local usage, where
13    offered, readily available to the public by providing
14    information, in a clear manner, to residential customers.
15    Information shall be made available on a website, and an
16    Electing Provider shall provide notification to its
17    customers every month 6 months, provided that notification
18    may consist of a bill page message that provides an
19    objective description of the safe harbor options that
20    includes a telephone number and website address where the
21    customer may obtain additional information about the
22    packages from the Electing Provider. The optional packages
23    shall be offered on a monthly basis with no term of service
24    requirement. An Electing Provider shall allow online
25    electronic ordering of the optional packages and
26    stand-alone residential network access lines and local



HB5214- 11 -LRB103 37479 CES 67602 b

1    usage, where offered, on its website in a manner similar
2    to the online electronic ordering of its other residential
3    services.
4        (5) Subject to subdivision (d)(8) of this Section, an
5    Electing Provider shall comply with the Commission's
6    existing rules, regulations, and notices in Title 83, Part
7    735 of the Illinois Administrative Code when offering or
8    providing the optional packages required by this
9    subsection (d) and stand-alone residential network access
10    lines.
11        (6) Subject to subdivision (d)(8) of this Section, an
12    Electing Provider shall provide to the Commission
13    semi-annual subscribership reports as of June 30 and
14    December 31 that contain the number of its customers
15    subscribing to each of the consumer choice safe harbor
16    packages required by subsection (d)(1) of this Section and
17    the number of its customers subscribing to retail
18    residential basic local exchange service as defined in
19    subsection (a)(2) of this Section. The first semi-annual
20    reports shall be made on April 1, 2011 for December 31,
21    2010, and on September 1, 2011 for June 30, 2011, and
22    semi-annually on April 1 and September 1 thereafter. Such
23    subscribership information shall be accorded confidential
24    and proprietary treatment upon request by the Electing
25    Provider.
26        (7) The Commission shall have the power, after notice



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1    and hearing as provided in this Article, upon complaint or
2    upon its own motion, to take corrective action if the
3    requirements of this Section are not complied with by an
4    Electing Provider.
5        (8) (Blank). On and after the effective date of this
6    amendatory Act of the 99th General Assembly, an Electing
7    Provider shall continue to offer and provide the optional
8    packages described in this subsection (d) to existing
9    customers and new customers. On and after July 1, 2017, an
10    Electing Provider may immediately stop offering the
11    optional packages described in this subsection (d) and,
12    upon providing two notices to affected customers and to
13    the Commission, may stop providing the optional packages
14    described in this subsection (d) to all customers who
15    subscribe to one of the optional packages. The first
16    notice shall be provided at least 90 days before the date
17    upon which the Electing Provider intends to stop providing
18    the optional packages, and the second notice must be
19    provided at least 30 days before that date. The first
20    notice shall not be provided prior to July 1, 2017. Each
21    notice must identify the date on which the Electing
22    Provider intends to stop providing the optional packages,
23    at least one alternative service available to the
24    customer, and a telephone number by which the customer may
25    contact a service representative of the Electing Provider.
26    After July 1, 2017 with respect to new customers, and upon



HB5214- 13 -LRB103 37479 CES 67602 b

1    the expiration of the second notice period with respect to
2    customers who were subscribing to one of the optional
3    packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
4    (d)(6), and (d)(7) of this Section shall not apply to the
5    Electing Provider. Notwithstanding any other provision of
6    this Article, an Electing Provider that has ceased
7    providing the optional packages under this subdivision
8    (d)(8) is not subject to Section 13-301(1)(c) of this Act.
9    Notwithstanding any other provision of this Act, and
10    subject to subdivision (d)(7) of this Section, the
11    Commission's authority over the discontinuance of the
12    optional packages described in this subsection (d) by an
13    Electing Provider shall be governed solely by this
14    subsection (d)(8).
15    (e) Service quality and customer credits for basic local
16exchange service.
17        (1) An Electing Provider shall meet the following
18    service quality standards in providing basic local
19    exchange service, which for purposes of this subsection
20    (e), includes both basic local exchange service and any
21    consumer choice safe harbor options that may be required
22    by subsection (d) of this Section.
23            (A) Install basic local exchange service within 5
24        business days after receipt of an order from the
25        customer unless the customer requests an installation
26        date that is beyond 5 business days after placing the



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1        order for basic service and to inform the customer of
2        the Electing Provider's duty to install service within
3        this timeframe. If installation of service is
4        requested on or by a date more than 5 business days in
5        the future, the Electing Provider shall install
6        service by the date requested.
7            (B) Restore basic local exchange service for the
8        customer within 30 hours after receiving notice that
9        the customer is out of service.
10            (C) Keep all repair and installation appointments
11        for basic local exchange service if a customer
12        premises visit requires a customer to be present. The
13        appointment window shall be either a specific time or,
14        at a maximum, a 4-hour time block during evening,
15        weekend, and normal business hours.
16            (D) Inform a customer when a repair or
17        installation appointment requires the customer to be
18        present.
19        (2) Customers shall be credited by the Electing
20    Provider for violations of basic local exchange service
21    quality standards described in subdivision (e)(1) of this
22    Section. The credits shall be applied automatically on the
23    statement issued to the customer for the next monthly
24    billing cycle following the violation or following the
25    discovery of the violation. The next monthly billing cycle
26    following the violation or the discovery of the violation



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1    means the billing cycle immediately following the billing
2    cycle in process at the time of the violation or discovery
3    of the violation, provided the total time between the
4    violation or discovery of the violation and the issuance
5    of the credit shall not exceed 60 calendar days. The
6    Electing Provider is responsible for providing the credits
7    and the customer is under no obligation to request such
8    credits. The following credits shall apply:
9            (A) If an Electing Provider fails to repair an
10        out-of-service condition for basic local exchange
11        service within 30 hours, the Electing Provider shall
12        provide a credit to the customer. If the service
13        disruption is for more than 30 hours, but not more than
14        48 hours, the credit must be equal to a pro-rata
15        portion of the monthly recurring charges for all basic
16        local exchange services disrupted. If the service
17        disruption is for more than 48 hours, but not more than
18        72 hours, the credit must be equal to at least 33% of
19        one month's recurring charges for all local services
20        disrupted. If the service disruption is for more than
21        72 hours, but not more than 96 hours, the credit must
22        be equal to at least 67% of one month's recurring
23        charges for all basic local exchange services
24        disrupted. If the service disruption is for more than
25        96 hours, but not more than 120 hours, the credit must
26        be equal to one month's recurring charges for all



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1        basic local exchange services disrupted. For each day
2        or portion thereof that the service disruption
3        continues beyond the initial 120-hour period, the
4        Electing Provider shall also provide an additional
5        credit of $20 per calendar day.
6            (B) If an Electing Provider fails to install basic
7        local exchange service as required under subdivision
8        (e)(1) of this Section, the Electing Provider shall
9        waive 50% of any installation charges, or in the
10        absence of an installation charge or where
11        installation is pursuant to the Link Up program, the
12        Electing Provider shall provide a credit of $25. If an
13        Electing Provider fails to install service within 10
14        business days after the service application is placed,
15        or fails to install service within 5 business days
16        after the customer's requested installation date, if
17        the requested date was more than 5 business days after
18        the date of the order, the Electing Provider shall
19        waive 100% of the installation charge, or in the
20        absence of an installation charge or where
21        installation is provided pursuant to the Link Up
22        program, the Electing Provider shall provide a credit
23        of $50. For each day that the failure to install
24        service continues beyond the initial 10 business days,
25        or beyond 5 business days after the customer's
26        requested installation date, if the requested date was



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1        more than 5 business days after the date of the order,
2        the Electing Provider shall also provide an additional
3        credit of $20 per calendar day until the basic local
4        exchange service is installed.
5            (C) If an Electing Provider fails to keep a
6        scheduled repair or installation appointment when a
7        customer premises visit requires a customer to be
8        present as required under subdivision (e)(1) of this
9        Section, the Electing Provider shall credit the
10        customer $25 per missed appointment. A credit required
11        by this subdivision does not apply when the Electing
12        Provider provides the customer notice of its inability
13        to keep the appointment no later than 8:00 pm of the
14        day prior to the scheduled date of the appointment.
15            (D) Credits required by this subsection do not
16        apply if the violation of a service quality standard:
17                (i) occurs as a result of a negligent or
18            willful act on the part of the customer;
19                (ii) occurs as a result of a malfunction of
20            customer-owned telephone equipment or inside
21            wiring;
22                (iii) occurs as a result of, or is extended
23            by, an emergency situation as defined in 83 Ill.
24            Adm. Code 732.10;
25                (iv) is extended by the Electing Provider's
26            inability to gain access to the customer's



HB5214- 18 -LRB103 37479 CES 67602 b

1            premises due to the customer missing an
2            appointment, provided that the violation is not
3            further extended by the Electing Provider;
4                (v) occurs as a result of a customer request
5            to change the scheduled appointment, provided that
6            the violation is not further extended by the
7            Electing Provider;
8                (vi) occurs as a result of an Electing
9            Provider's right to refuse service to a customer
10            as provided in Commission rules; or
11                (vii) occurs as a result of a lack of
12            facilities where a customer requests service at a
13            geographically remote location, where a customer
14            requests service in a geographic area where the
15            Electing Provider is not currently offering
16            service, or where there are insufficient
17            facilities to meet the customer's request for
18            service, subject to an Electing Provider's
19            obligation for reasonable facilities planning.
20        (3) Each Electing Provider shall provide to the
21    Commission on a quarterly basis and in a form suitable for
22    posting on the Commission's website in conformance with
23    the rules adopted by the Commission and in effect on April
24    1, 2010, a public report that includes the following data
25    for basic local exchange service quality of service:
26            (A) With regard to credits due in accordance with



HB5214- 19 -LRB103 37479 CES 67602 b

1        subdivision (e)(2)(A) as a result of out-of-service
2        conditions lasting more than 30 hours:
3                (i) the total dollar amount of any customer
4            credits paid;
5                (ii) the number of credits issued for repairs
6            between 30 and 48 hours;
7                (iii) the number of credits issued for repairs
8            between 49 and 72 hours;
9                (iv) the number of credits issued for repairs
10            between 73 and 96 hours;
11                (v) the number of credits used for repairs
12            between 97 and 120 hours;
13                (vi) the number of credits issued for repairs
14            greater than 120 hours; and
15                (vii) the number of exemptions claimed for
16            each of the categories identified in subdivision
17            (e)(2)(D).
18            (B) With regard to credits due in accordance with
19        subdivision (e)(2)(B) as a result of failure to
20        install basic local exchange service:
21                (i) the total dollar amount of any customer
22            credits paid;
23                (ii) the number of installations after 5
24            business days;
25                (iii) the number of installations after 10
26            business days;



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1                (iv) the number of installations after 11
2            business days; and
3                (v) the number of exemptions claimed for each
4            of the categories identified in subdivision
5            (e)(2)(D).
6            (C) With regard to credits due in accordance with
7        subdivision (e)(2)(C) as a result of missed
8        appointments:
9                (i) the total dollar amount of any customer
10            credits paid;
11                (ii) the number of any customers receiving
12            credits; and
13                (iii) the number of exemptions claimed for
14            each of the categories identified in subdivision
15            (e)(2)(D).
16            (D) The Electing Provider's annual report required
17        by this subsection shall also include, for
18        informational reporting, the performance data
19        described in subdivisions (e)(2)(A), (e)(2)(B), and
20        (e)(2)(C), and trouble reports per 100 access lines
21        calculated using the Commission's existing applicable
22        rules and regulations for such measures, including the
23        requirements for service standards established in this
24        Section.
25        (4) It is the intent of the General Assembly that the
26    service quality rules and customer credits in this



HB5214- 21 -LRB103 37479 CES 67602 b

1    subsection (e) of this Section and other enforcement
2    mechanisms, including fines and penalties authorized by
3    Section 13-305, shall apply on a nondiscriminatory basis
4    to all Electing Providers. Accordingly, notwithstanding
5    any provision of any service quality rules promulgated by
6    the Commission, any alternative regulation plan adopted by
7    the Commission, or any other order of the Commission, any
8    Electing Provider that is subject to any other order of
9    the Commission and that violates or fails to comply with
10    the service quality standards promulgated pursuant to this
11    subsection (e) or any other order of the Commission shall
12    not be subject to any fines, penalties, customer credits,
13    or enforcement mechanisms other than such fines or
14    penalties or customer credits as may be imposed by the
15    Commission in accordance with the provisions of this
16    subsection (e) and Section 13-305, which are to be
17    generally applicable to all Electing Providers. The amount
18    of any fines or penalties imposed by the Commission for
19    failure to comply with the requirements of this subsection
20    (e) shall be an appropriate amount, taking into account,
21    at a minimum, the Electing Provider's gross annual
22    intrastate revenue; the frequency, duration, and
23    recurrence of the violation; and the relative harm caused
24    to the affected customers or other users of the network.
25    In imposing fines and penalties, the Commission shall take
26    into account compensation or credits paid by the Electing



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1    Provider to its customers pursuant to this subsection (e)
2    in compensation for any violation found pursuant to this
3    subsection (e), and in any event the fine or penalty shall
4    not exceed an amount equal to the maximum amount of a civil
5    penalty that may be imposed under Section 13-305.
6        (5) An Electing Provider in each of the MSA or
7    Exchange areas classified as competitive pursuant to
8    subsection (c) of this Section shall fulfill the
9    requirements in subdivision (e)(3) of this Section for 3
10    years after its notice of election becomes effective.
11    After such 3 years, the requirements in subdivision (e)(3)
12    of this Section shall not apply to such Electing Provider,
13    except that, upon request from the Commission, the
14    Electing Provider shall provide a report showing the
15    number of credits and exemptions for the requested time
16    period.
17    (f) Commission jurisdiction over competitive retail
18telecommunications services. Except as otherwise expressly
19stated in this Section, the Commission shall thereafter have
20no jurisdiction or authority over any aspect of competitive
21retail telecommunications service of an Electing Provider in
22those geographic areas included in the Electing Provider's
23notice of election pursuant to subsection (b) of this Section
24or of a retail telecommunications service classified as
25competitive pursuant to Section 13-502 or subdivision (c)(5)
26of this Section, heretofore subject to the jurisdiction of the



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1Commission, including but not limited to, any requirements of
2this Article related to the terms, conditions, rates, quality
3of service, availability, classification or any other aspect
4of any competitive retail telecommunications services. No
5telecommunications carrier shall commit any unfair or
6deceptive act or practice in connection with any aspect of the
7offering or provision of any competitive retail
8telecommunications service. Nothing in this Article shall
9limit or affect any provisions in the Consumer Fraud and
10Deceptive Business Practices Act with respect to any unfair or
11deceptive act or practice by a telecommunications carrier.
12    (g) Commission authority over access services upon
13election for market regulation.
14        (1) As part of its Notice of Election for Market
15    Regulation, the Electing Provider shall reduce its
16    intrastate switched access rates to rates no higher than
17    its interstate switched access rates in 4 installments.
18    The first reduction must be made 30 days after submission
19    of its complete application for Notice of Election for
20    Market Regulation, and the Electing Provider must reduce
21    its intrastate switched access rates by an amount equal to
22    33% of the difference between its current intrastate
23    switched access rates and its current interstate switched
24    access rates. The second reduction must be made no later
25    than one year after the first reduction, and the Electing
26    Provider must reduce its then current intrastate switched



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1    access rates by an amount equal to 41% of the difference
2    between its then current intrastate switched access rates
3    and its then current interstate switched access rates. The
4    third reduction must be made no later than one year after
5    the second reduction, and the Electing Provider must
6    reduce its then current intrastate switched access rates
7    by an amount equal to 50% of the difference between its
8    then current intrastate switched access rate and its then
9    current interstate switched access rates. The fourth
10    reduction must be made on or before June 30, 2013, and the
11    Electing Provider must reduce its intrastate switched
12    access rate to mirror its then current interstate switched
13    access rates and rate structure. Following the fourth
14    reduction, each Electing Provider must continue to set its
15    intrastate switched access rates to mirror its interstate
16    switched access rates and rate structure. For purposes of
17    this subsection, the rate for intrastate switched access
18    service means the composite, per-minute rate for that
19    service, including all applicable fixed and
20    traffic-sensitive charges, including, but not limited to,
21    carrier common line charges.
22        (2) Nothing in paragraph (1) of this subsection (g)
23    prohibits an Electing Provider from electing to offer
24    intrastate switched access service at rates lower than its
25    interstate switched access rates.
26        (3) The Commission shall have no authority to order an



HB5214- 25 -LRB103 37479 CES 67602 b

1    Electing Provider to set its rates for intrastate switched
2    access at a level lower than its interstate switched
3    access rates.
4        (4) The Commission's authority under this subsection
5    (g) shall only apply to Electing Providers under Market
6    Regulation. The Commission's authority over switched
7    access services for all other carriers is retained under
8    Section 13-900.2 of this Act.
9    (h) Safety of service equipment and facilities.
10        (1) An Electing Provider shall furnish, provide, and
11    maintain such service instrumentalities, equipment, and
12    facilities as shall promote the safety, health, comfort,
13    and convenience of its patrons, employees, and public and
14    as shall be in all respects adequate, reliable, and
15    efficient without discrimination or delay. Every Electing
16    Provider shall provide service and facilities that are in
17    all respects environmentally safe.
18        (2) The Commission is authorized to conduct an
19    investigation of any Electing Provider or part thereof.
20    The investigation may examine the reasonableness,
21    prudence, or efficiency of any aspect of the Electing
22    Provider's operations or functions that may affect the
23    adequacy, safety, efficiency, or reliability of
24    telecommunications service. The Commission may conduct or
25    order an investigation only when it has reasonable grounds
26    to believe that the investigation is necessary to assure



HB5214- 26 -LRB103 37479 CES 67602 b

1    that the Electing Provider is providing adequate,
2    efficient, reliable, and safe service. The Commission
3    shall, before initiating any such investigation, issue an
4    order describing the grounds for the investigation and the
5    appropriate scope and nature of the investigation, which
6    shall be reasonably related to the grounds relied upon by
7    the Commission in its order.
8    (i) (Blank).
9    (j) Application of Article VII. The provisions of Sections
107-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
11applicable to an Electing Provider offering or providing
12retail telecommunications service, and the Commission's
13regulation thereof, except that (1) the approval of contracts
14and arrangements with affiliated interests required by
15paragraph (3) of Section 7-101 shall not apply to such
16telecommunications carriers provided that, except as provided
17in item (2), those contracts and arrangements shall be filed
18with the Commission; (2) affiliated interest contracts or
19arrangements entered into by such telecommunications carriers
20where the increased obligation thereunder does not exceed the
21lesser of $5,000,000 or 5% of such carrier's prior annual
22revenue from noncompetitive services are not required to be
23filed with the Commission; and (3) any consent and approval of
24the Commission required by Section 7-102 is not required for
25the sale, lease, assignment, or transfer by any Electing
26Provider of any property that is not necessary or useful in the



HB5214- 27 -LRB103 37479 CES 67602 b

1performance of its duties to the public.
2    (k) Notwithstanding other provisions of this Section, the
3Commission retains its existing authority to enforce the
4provisions, conditions, and requirements of the following
5Sections of this Article: 13-101, 13-103, 13-201, 13-301,
613-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,
713-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
813-404.2, 13-405, 13-406, 13-501, 13-501.5, 13-503, 13-505,
913-509, 13-510, 13-512, 13-513, 13-514, 13-515, 13-516,
1013-519, 13-702, 13-703, 13-704, 13-705, 13-706, 13-707,
1113-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 13-900.1,
1213-900.2, 13-901, 13-902, and 13-903, which are fully and
13equally applicable to Electing Providers and to
14telecommunications carriers providing retail
15telecommunications service classified as competitive pursuant
16to Section 13-502 or subdivision (c)(5) of this Section
17subject to the provisions of this Section. On the effective
18date of this amendatory Act of the 98th General Assembly, the
19following Sections of this Article shall cease to apply to
20Electing Providers and to telecommunications carriers
21providing retail telecommunications service classified as
22competitive pursuant to Section 13-502 or subdivision (c)(5)
23of this Section: 13-302, 13-405.1, 13-502, 13-502.5, 13-504,
2413-505.2, 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1,
2513-507, 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601,
2613-701, and 13-712.



HB5214- 28 -LRB103 37479 CES 67602 b

1(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17;
2100-840, eff. 8-13-18.)
3    Section 15. The Illinois Broadband Adoption Fund Act is
4amended by changing Sections 5, 10, 15 and 20 as follows:
5    (305 ILCS 23/5)
6    Sec. 5. Definitions. As used in this Act:
7    "Broadband Internet" means lines or wireless channels that
8terminate at an end-user location and enable the end-user to
9receive a minimum service level of at least 25 megabits per
10second download speed and 3 megabits per second upload speed.
11    "Covered agencies" means those social service agencies
12receiving State or federal funds to assist persons eligible
13under the Illinois Broadband Adoption Program.
14    "Department" means the Department of Human Services.
15    "Fund" refers to the Illinois Broadband Adoption Fund.
16    "Provider" means a provider of communication services or
17broadband Internet in this State.
18(Source: P.A. 102-648, eff. 8-27-21.)
19    (305 ILCS 23/10)
20    Sec. 10. Illinois Broadband Adoption Program. The Illinois
21Broadband Adoption Program is established for the purpose of
22expanding availability of broadband Internet connectivity
23throughout the State by:



HB5214- 29 -LRB103 37479 CES 67602 b

1        (1) providing financial assistance to State residents
2    to whom broadband Internet service is available, but who
3    may require assistance to adopt or maintain service due to
4    economic hardship;
5        (2) promoting the adoption of home broadband Internet
6    service by State residents, such as through the provision
7    of devices used to connect to the Internet; and
8        (3) supporting digital skills training for State
9    residents.
10(Source: P.A. 102-648, eff. 8-27-21.)
11    (305 ILCS 23/15)
12    Sec. 15. Illinois Broadband Adoption Fund.
13    (a) The Illinois Broadband Adoption Fund is established as
14a special fund within the State treasury for the purpose of
15providing financial assistance under this Act. The Department
16shall administer the fund.
17    (b) The fund consists of:
18        (1) money received through the federal American Rescue
19    Plan and other vehicles designed to address and relieve
20    economic hardship for State households;
21        (2) money appropriated by the General Assembly;
22        (3) money transferred to the fund under the Treasurer
23    as Custodian of Funds Act; and
24        (4) donations, gifts, and money received from any
25    other source, including transfers from other funds or



HB5214- 30 -LRB103 37479 CES 67602 b

1    accounts.
2    (c) The Treasurer shall invest the money in the fund not
3currently needed to meet the obligations of the fund in the
4same manner as other public funds may be invested.
5    (d) Additionally, each telecommunications carrier,
6wireless carrier, cable and video service provider, and
7Interconnected VoIP service provider shall notify its
8customers that if the customer wishes to participate in the
9funding of the Illinois Broadband Adoption Fund the customer
10may do so by electing to contribute on a monthly basis, a fixed
11amount that will be included in the customer's monthly bill.
12The fixed amount choices shall include, but shall not be
13limited to, $1, $2, or $5 per month. A donation opportunity
14check box shall be placed on all carrier and provider bills. If
15the customer has elected electronic billing, that customer
16shall also be notified monthly of the opportunity to
17contribute to the Fund. The customer may cease contributing at
18any time upon providing notice to the carrier or provider. The
19notice shall state that any contribution made will not reduce
20the customer's bill for communications or broadband services.
21The customer's failure to remit the amount of increased
22payment will reduce the contribution accordingly. Every
23telecommunications carrier, wireless carrier, cable and video
24provider, and Interconnected VoIP service provider shall remit
25the amounts contributed in accordance with the terms
26established by the Fund.



HB5214- 31 -LRB103 37479 CES 67602 b

1(Source: P.A. 102-648, eff. 8-27-21.)
2    (305 ILCS 23/20)
3    Sec. 20. Application for financial assistance.
4    (a) The Department may determine qualifications for
5broadband Internet provider participation or participation by
6another entity and enter into an agreement with each provider
7or other entity under which the provider agrees to accept
8vouchers distributed by the Department under this Act as a
9form of payment for the provider's broadband Internet service
10or for devices used in connection to the Internet, including,
11but not limited to, computers, modems, and routers.
12    (b) In coordination with the covered agencies, the
13Department shall send information regarding the availability
14of financial assistance under this Act to each eligible family
15or person receiving the public assistance in Section (d). The
16information must include:
17        (1) the name and contact information of each provider
18    who has entered into an agreement with the Department as
19    described in subsection (a) whose broadband Internet
20    service is available in their area; and
21        (2) instructions for applying to the Department for
22    financial assistance under this Section.
23    (c) An individual who receives information under
24subsection (b) may apply for financial assistance under this
25Section in the manner specified by the Department. Upon



HB5214- 32 -LRB103 37479 CES 67602 b

1receipt of an application, the Department shall determine:
2        (1) the applicant's eligibility for financial
3    assistance;
4        (2) the amount of financial assistance for which the
5    applicant is eligible; and
6        (3) whether the applicant is eligible for a single
7    payment or a recurring payment of financial assistance,
8    based on the Department's assessment of the applicant's
9    need.
10    (d) An applicant for financial assistance under this Act
11is automatically eligible for financial assistance under this
12Act if:
13        (1) the applicant is receiving, or the applicant's
14    household includes, an individual who is receiving
15    benefits under:
16            (A) the Temporary Assistance for Needy Families
17        (TANF) program;
18            (B) the federal Supplemental Nutrition Assistance
19        Program (SNAP); or
20            (C) the Medicaid program; or
21        (2) the applicant's household includes a child who is
22    eligible for free or reduced-price lunch.
23    (e) If the Department determines under subsection (c) that
24an individual is eligible for financial assistance, or that
25the individual is eligible for financial assistance under
26subsection (d), the Department may provide financial



HB5214- 33 -LRB103 37479 CES 67602 b

1assistance to the individual or to the broadband Internet
2provider or other entity designated by the individual in the
3form of one or more vouchers, each in an amount of up to $50,
4that can be used by the individual to pay one or more of the
5following expenses:
6        (1) fees charged by a broadband Internet provider for
7    installation, activation, equipment purchase, Wi-Fi
8    extenders, or other one-time expenses of providing
9    broadband Internet service to the individual;
10        (2) monthly subscription fees charged by a broadband
11    Internet provider for the provision of broadband Internet
12    service to the individual household, including modem,
13    router, or other service or equipment charges; and
14        (3) overdue amounts owed to provider, including
15    administrative fees and penalties.
16    A voucher or similar designation of eligibility may be
17provided by the Department in printed or electronic form.
18    (f) A provider that receives a voucher under this Section
19from an individual household who subscribes to the provider's
20broadband Internet service shall deduct the amount of the
21voucher from the amount owed by the subscriber for the
22provider's provision of broadband Internet service to the
23individual household on a monthly basis.
24    (g) If the fund does not receive an ongoing appropriation
25from the General Assembly, the Department shall provide a
2690-day notice to participating households and broadband



HB5214- 34 -LRB103 37479 CES 67602 b

1Internet providers that financial support will be
3(Source: P.A. 102-648, eff. 8-27-21.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.