Full Text of SB3464 96th General Assembly
SB3464ham001 96TH GENERAL ASSEMBLY
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Rep. Robert Rita
Filed: 4/28/2010
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| AMENDMENT TO SENATE BILL 3464
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| AMENDMENT NO. ______. Amend Senate Bill 3464, on page 1, | 3 |
| immediately below line 3, by inserting the following:
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| "Section 3. The Public Utilities Act is amended by changing | 5 |
| Sections 13-301 and 22-501 as follows: | 6 |
| (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301) | 7 |
| (Section scheduled to be repealed on July 1, 2010) | 8 |
| Sec. 13-301. Consistent with the findings and policy | 9 |
| established in
paragraph (a) of Section 13-102 and paragraph | 10 |
| (a) of Section 13-103, and
in order to ensure the attainment of | 11 |
| such policies, the Commission shall: | 12 |
| (a) participate in all federal programs intended to | 13 |
| preserve or extend
universal telecommunications service, | 14 |
| unless such programs would place cost
burdens on Illinois | 15 |
| customers of telecommunications services in excess of
the | 16 |
| benefits they would receive through participation, provided, |
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| however,
the Commission shall not approve or permit the | 2 |
| imposition of any surcharge
or other fee designed to subsidize | 3 |
| or provide a waiver for subscriber line
charges; and shall | 4 |
| report on such programs together with an assessment of
their | 5 |
| adequacy and the advisability of participating therein in its | 6 |
| annual
report to the General Assembly, or more often as | 7 |
| necessary; | 8 |
| (b) establish a program to monitor the level of | 9 |
| telecommunications
subscriber connection within each exchange | 10 |
| in Illinois, and shall report
the results of such monitoring | 11 |
| and any actions it has taken or recommends
be taken to maintain | 12 |
| and increase such levels in its annual report to the
General | 13 |
| Assembly, or more often if necessary; | 14 |
| (c) order all telecommunications carriers offering or | 15 |
| providing local
exchange telecommunications service to propose | 16 |
| low-cost or budget service
tariffs and any other rate design or | 17 |
| pricing mechanisms designed to
facilitate customer access to | 18 |
| such telecommunications service, and shall
after notice and | 19 |
| hearing, implement any such proposals which it finds
likely to | 20 |
| achieve such purpose; | 21 |
| (d) investigate the necessity of and, if appropriate, | 22 |
| establish a universal service support fund
from which local | 23 |
| exchange telecommunications
carriers
who pursuant to the | 24 |
| Twenty-Seventh Interim Order of the Commission in Docket
No. | 25 |
| 83-0142 or the orders of the Commission in Docket No. 97-0621 | 26 |
| and Docket
No.
98-0679
received funding and whose economic |
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| costs of providing
services for which universal service support | 2 |
| may be made available exceed
the
affordable rate established by | 3 |
| the Commission for such services may be
eligible to receive
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| support, less any federal universal service support received | 5 |
| for the same or
similar costs
of providing the supported | 6 |
| services; provided, however, that if a universal
service | 7 |
| support
fund is established, the Commission shall require that | 8 |
| all costs of the fund be
recovered
from all local exchange and | 9 |
| interexchange telecommunications carriers
certificated in
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| Illinois on a competitively neutral and nondiscriminatory | 11 |
| basis. In
establishing any such
universal service support fund, | 12 |
| the Commission shall, in addition to the
determination of
costs | 13 |
| for supported services, consider and make findings pursuant to | 14 |
| paragraphs
(1), (2), and
(4) of item (e) of this Section. Proxy | 15 |
| cost, as determined by the
Commission, may be
used for this | 16 |
| purpose. In determining cost recovery for any universal service
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| support fund, the Commission shall not permit recovery of such | 18 |
| costs from
another certificated carrier for any service | 19 |
| purchased and used solely as an
input to a service provided to | 20 |
| such certificated carrier's retail customers; and | 21 |
| (e) investigate the necessity of and, if appropriate, | 22 |
| establish a
universal
service support
fund in addition to any | 23 |
| fund that may be established pursuant to item (d)
of this
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| Section; provided, however, that if a telecommunications | 25 |
| carrier receives
universal
service support pursuant to item (d) | 26 |
| of this Section, that
telecommunications carrier
shall not |
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| receive universal service support pursuant to this item.
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| Recipients of any
universal service support funding created by | 3 |
| this item shall be
"eligible"
telecommunications carriers, as | 4 |
| designated by the Commission in accordance with
47
U.S.C. | 5 |
| 214(e)(2). Eligible telecommunications carriers providing | 6 |
| local
exchange
telecommunications service
may be eligible to | 7 |
| receive support for such services, less any federal
universal | 8 |
| service support
received for the same or similar costs of | 9 |
| providing the supported services.
If a fund is established, the
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| Commission
shall require that the costs of such fund be | 11 |
| recovered from all
telecommunications
carriers, with the | 12 |
| exception of wireless carriers who are providers of two-way
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| cellular
telecommunications service and who have not been | 14 |
| designated as eligible
telecommunications carriers, on a | 15 |
| competitively neutral and non-discriminatory
basis. In
any | 16 |
| order creating a fund pursuant to this item, the Commission, | 17 |
| after
notice and
hearing, shall: | 18 |
| (1) Define the group of services to be declared | 19 |
| "supported
telecommunications
services" that constitute | 20 |
| "universal service". This group of services shall,
at a
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| minimum, include those services as defined by the Federal | 22 |
| Communications
Commission and as from time to time amended. | 23 |
| In addition, the Commission
shall consider the range of | 24 |
| services currently offered by telecommunications
carriers | 25 |
| offering local exchange telecommunications service, the | 26 |
| existing rate
structures for the supported |
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| telecommunications services, and the
telecommunications | 2 |
| needs of Illinois consumers in determining the supported
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| telecommunications services.
The Commission shall, from | 4 |
| time to time or upon request, review and, if
appropriate, | 5 |
| revise the group of Illinois supported telecommunications | 6 |
| services
and the terms of the fund to reflect changes or | 7 |
| enhancements in
telecommunications needs, technologies, | 8 |
| and available services. | 9 |
| (2) Identify all implicit subsidies contained in rates | 10 |
| or charges of
incumbent local exchange
carriers, including | 11 |
| all subsidies in interexchange access charges, and
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| determine how
such subsidies can be made explicit by
the | 13 |
| creation of the fund. | 14 |
| (3) Identify the incumbent local exchange carriers' | 15 |
| economic costs of
providing the
supported | 16 |
| telecommunications services. | 17 |
| (4) Establish an affordable price for the supported | 18 |
| telecommunications
services for
the respective incumbent | 19 |
| local exchange carrier. The affordable price shall
be no | 20 |
| less than
the rates in effect at the time the Commission | 21 |
| creates a fund
pursuant to this item. The Commission may | 22 |
| establish and utilize indices
or
models for updating the | 23 |
| affordable price for supported telecommunications
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| services. | 25 |
| (5) Identify the telecommunications carriers from whom | 26 |
| the costs of the
fund
shall be recovered and the mechanism |
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| to be used to determine and establish a
competitively | 2 |
| neutral and non-discriminatory funding basis. From time to | 3 |
| time,
or upon request, the Commission shall consider | 4 |
| whether, based upon changes in
technology or other factors, | 5 |
| additional telecommunications providers should
contribute | 6 |
| to the fund. The Commission shall establish the basis upon | 7 |
| which
telecommunications carriers contributing to the fund | 8 |
| shall recover
contributions
on a competitively neutral and | 9 |
| non-discriminatory basis.
In determining cost recovery for | 10 |
| any universal support fund, the Commission
shall not permit | 11 |
| recovery of such costs from another certificated carrier | 12 |
| for
any service purchased and used solely as an input to a | 13 |
| service provided to such
certificated carriers' retail | 14 |
| customers. | 15 |
| (6) Approve a plan for the administration and operation | 16 |
| of the fund by a
neutral third party consistent with the | 17 |
| requirements of this item. | 18 |
| No fund shall be created pursuant to this item until | 19 |
| existing
implicit
subsidies,
including, but not limited to, | 20 |
| those subsidies contained in interexchange
access
charges, | 21 |
| have been identified and eliminated through revisions to rates | 22 |
| or
charges.
Prior to May 1, 2000, such revisions to rates or | 23 |
| charges to eliminate implicit
subsidies shall occur | 24 |
| contemporaneously with any funding established pursuant
to | 25 |
| this item. However, if the Commission does not establish a | 26 |
| universal
service support fund by May 1, 2000, the Commission |
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| shall not be prevented from
entering an order or taking other | 2 |
| actions to reduce or eliminate existing
subsidies as well as | 3 |
| considering the effect of such reduction or elimination on
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| local exchange carriers ; and . | 5 |
| (f) provide for a universal and emergency services support | 6 |
| program under which all payphone service providers operating | 7 |
| under certificates of service authority issued by the | 8 |
| Commission shall receive financial support for all local | 9 |
| exchange services identified in this subsection (f) that are | 10 |
| used in the provisioning of payphone services, other than for | 11 |
| payphones located at inmate institutions or airports, provided | 12 |
| that such payphone service provider submits itself to the | 13 |
| universal and emergency services support program | 14 |
| (participating provider). The General Assembly finds that the | 15 |
| continued provision of payphones is fundamental to the public | 16 |
| policy goals of providing universal access and emergency links | 17 |
| to the communications network in the public interest of | 18 |
| providing for the health, welfare, prosperity, and security of | 19 |
| Illinois citizens. Developments in the telecommunications | 20 |
| industry make it necessary to take steps to ensure the | 21 |
| continued availability of payphones as part of the overall | 22 |
| communications network. Therefore, no later than December 1, | 23 |
| 2010, the Commission, after notice and hearing, shall have in | 24 |
| effect a universal and emergency services support program that | 25 |
| shall provide that all payphone lines of a participating | 26 |
| provider, other than those payphones located at inmate |
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| institutions or airports, shall receive universal and | 2 |
| emergency services support in an amount equal to the charges | 3 |
| for the telephone line, the subscriber line charge, all usage | 4 |
| of up to 15 miles, and the features (collectively "local | 5 |
| charges") for each payphone each month, to be paid directly by | 6 |
| the fund for the universal and emergency services support | 7 |
| program to the local exchange carrier providing the telephone | 8 |
| subscriber line to the payphone. The participating provider | 9 |
| shall remain responsible for the remainder of any other | 10 |
| charges. The Commission shall require that all costs of the | 11 |
| fund for the universal and emergency services support program | 12 |
| be recovered from the same entities as those required for the | 13 |
| recovery of costs under subsection (d) of this Section on a | 14 |
| competitively neutral and nondiscriminatory basis. The funding | 15 |
| for the universal and emergency services support program for | 16 |
| this subsection may be through a separate fund or through | 17 |
| another fund established pursuant to this Article, as the | 18 |
| Commission deems to be the most efficient and effective, | 19 |
| provided that any inclusion in another fund established | 20 |
| pursuant to this Article is neither detrimental to, nor | 21 |
| diminishes the benefits of that fund to, the other | 22 |
| participants. | 23 |
| Any telecommunications carrier providing local exchange
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| telecommunications service which offers to its local exchange | 25 |
| customers a
choice of two or more local exchange | 26 |
| telecommunications service offerings
shall provide, to any |
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| such customer requesting it, once a year without
charge, a | 2 |
| report describing which local exchange telecommunications | 3 |
| service
offering would result in the lowest bill for such | 4 |
| customer's local exchange
service, based on such customer's | 5 |
| calling pattern and usage for the
previous 6 months. At least | 6 |
| once a year, each such carrier shall provide a
notice to each | 7 |
| of its local exchange telecommunications service customers
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| describing the availability of this report and the specific | 9 |
| procedures by
which customers may receive it. Such report shall | 10 |
| only be available to
current and future customers who have | 11 |
| received at least 6 months of
continuous local exchange service | 12 |
| from such carrier. | 13 |
| (Source: P.A. 91-636, eff. 8-20-99 .) | 14 |
| (220 ILCS 5/22-501) | 15 |
| Sec. 22-501. Customer service and privacy protection. All | 16 |
| cable or video providers in this State shall comply with the | 17 |
| following customer service requirements and privacy | 18 |
| protections. The provisions of this Act shall not apply to an | 19 |
| incumbent cable operator prior to January 1, 2008. For purposes | 20 |
| of this paragraph, an incumbent cable operator means a person | 21 |
| or entity that provided cable services in a particular area | 22 |
| under a franchise agreement with a local unit of government | 23 |
| pursuant to Section 11-42-11 of the Illinois
Municipal Code or | 24 |
| Section 5-1095 of the Counties Code on January 1, 2007.
A | 25 |
| master antenna television, satellite master antenna |
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| television, direct broadcast satellite, multipoint | 2 |
| distribution service, and other provider of video programming | 3 |
| shall only be subject to the provisions of this Article to the | 4 |
| extent permitted by federal law. | 5 |
| The following definitions apply to the terms used in this | 6 |
| Article: | 7 |
| "Basic cable or video service" means any service offering | 8 |
| or tier that
includes the retransmission of local television | 9 |
| broadcast signals. | 10 |
| "Cable or video provider" means any person or entity | 11 |
| providing cable service or video service pursuant to | 12 |
| authorization under (i) the Cable and Video Competition Law of | 13 |
| 2007; (ii) Section 11-42-11 of the Illinois Municipal Code; | 14 |
| (iii) Section 5-1095 of the Counties Code; or (iv) a master | 15 |
| antenna television, satellite master antenna television, | 16 |
| direct broadcast satellite, multipoint distribution services, | 17 |
| and other providers of video programming, whatever their | 18 |
| technology. A cable or video provider shall not include a | 19 |
| landlord providing only broadcast video programming to a | 20 |
| single-family home or other residential dwelling consisting of | 21 |
| 4
units or less. | 22 |
| "Franchise" has the same meaning as found in 47 U.S.C. | 23 |
| 522(9). | 24 |
| "Local unit of government" means a city, village, | 25 |
| incorporated town, or a county. | 26 |
| "Normal business hours" means those hours during which most |
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| similar businesses in the geographic area of the local unit of | 2 |
| government are open to serve customers. In all cases, "normal | 3 |
| business hours" must include some evening hours at least one | 4 |
| night per week or some weekend hours. | 5 |
| "Normal operating conditions" means those service | 6 |
| conditions that are within the control of cable or video | 7 |
| providers. Those conditions that are not within the control of | 8 |
| cable or video providers include, but are not limited to, | 9 |
| natural disasters, civil disturbances, power outages, | 10 |
| telephone network outages, and severe or unusual weather | 11 |
| conditions. Those conditions that are ordinarily within the | 12 |
| control of cable or video providers include, but are not | 13 |
| limited to, special promotions, pay-per-view events, rate | 14 |
| increases, regular peak or seasonal demand periods, and | 15 |
| maintenance or upgrade of the cable service or video service | 16 |
| network. | 17 |
| "Service interruption" means the loss of picture or sound | 18 |
| on one or more cable service or video service on one or more | 19 |
| cable or video channels. | 20 |
| "Service line drop" means the point of connection between a | 21 |
| premises and the cable or video network that enables the | 22 |
| premises to receive cable service or video service. | 23 |
| (a) General customer service standards: | 24 |
| (1) Cable or video providers shall establish general | 25 |
| standards related to customer service, which shall | 26 |
| include, but not be limited to, installation, |
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| disconnection, service and repair obligations; appointment | 2 |
| hours and employee ID requirements; customer service | 3 |
| telephone numbers and hours; procedures for billing, | 4 |
| charges, deposits, refunds, and credits; procedures for | 5 |
| termination of service; notice of deletion of programming | 6 |
| service; changes related to transmission of programming; | 7 |
| changes or increases in rates; the use and availability of | 8 |
| parental control or lock-out devices; the use and | 9 |
| availability of an A/B switch if applicable; complaint | 10 |
| procedures and procedures for bill dispute resolution; a | 11 |
| description of the rights and remedies available to | 12 |
| consumers if the cable or video provider does not | 13 |
| materially meet its
customer service standards; and | 14 |
| special services for customers with visual, hearing, or | 15 |
| mobility disabilities. | 16 |
| (2) Cable or video providers' rates for each level of | 17 |
| service, rules, regulations, and policies related to its | 18 |
| cable service or video service described in paragraph (1) | 19 |
| of this subsection (a)
must be made available to the public | 20 |
| and displayed clearly and conspicuously on the cable or | 21 |
| video provider's site on the Internet. If a promotional | 22 |
| price or a price for a specified period of time is offered, | 23 |
| the cable or video provider shall display the price at the | 24 |
| end of the promotional period or specified period of time | 25 |
| clearly and conspicuously with the display of the | 26 |
| promotional price or price for a specified period of time. |
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| The cable or video provider shall provide this information | 2 |
| upon request. | 3 |
| (3) Cable or video providers shall provide notice | 4 |
| concerning their general customer service standards to all | 5 |
| customers. This notice shall be offered when service is | 6 |
| first activated and annually thereafter. The information | 7 |
| in the notice shall include all of the information | 8 |
| specified in paragraph (1) of this subsection (a), as well | 9 |
| as the following: a listing of services offered by the | 10 |
| cable or video providers, which shall clearly describe | 11 |
| programming for all services and all levels of service; the | 12 |
| rates for all services and levels of service; a telephone | 13 |
| number
through which customers may subscribe to, change, or | 14 |
| terminate service, request customer service, or seek | 15 |
| general or billing information; instructions on the use of | 16 |
| the cable or video services; and a description of rights | 17 |
| and remedies that the cable or video providers shall make | 18 |
| available to their customers if they do not materially meet | 19 |
| the general customer service standards described in this | 20 |
| Act. | 21 |
| (b) General customer service obligations: | 22 |
| (1) Cable or video providers shall render reasonably | 23 |
| efficient service, promptly make repairs, and interrupt | 24 |
| service only as necessary and for good cause, during | 25 |
| periods of minimum use of the system and for no more than | 26 |
| 24 hours. |
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| (2) All service representatives or any other person who | 2 |
| contacts customers or potential customers on behalf of the | 3 |
| cable or video provider shall have a visible identification | 4 |
| card with their name and photograph and shall orally | 5 |
| identify themselves upon first contact with the customer. | 6 |
| Customer service representatives shall orally identify | 7 |
| themselves to callers immediately following the greeting | 8 |
| during each telephone contact with the public. | 9 |
| (3) The cable or video providers shall: (i) maintain a | 10 |
| customer service facility within the boundaries of a local | 11 |
| unit of government staffed by customer service | 12 |
| representatives that have the capacity to accept payment, | 13 |
| adjust bills, and respond to repair, installation, | 14 |
| reconnection, disconnection, or other service calls and | 15 |
| distribute or receive converter boxes, remote control | 16 |
| units, digital stereo units, or other equipment related to | 17 |
| the provision of cable or video service; (ii) provide | 18 |
| customers with bill payment facilities through retail, | 19 |
| financial, or other commercial institutions located within | 20 |
| the boundaries of a local unit of government; (iii) provide | 21 |
| an address, toll-free telephone number or electronic | 22 |
| address to accept bill payments and correspondence and | 23 |
| provide secure collection boxes for the receipt of bill | 24 |
| payments and the return of equipment, provided that if a | 25 |
| cable or video provider provides secure collection boxes, | 26 |
| it shall provide a printed receipt when items are |
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| deposited; or (iv) provide an address, toll-free telephone | 2 |
| number, or electronic address to accept bill payments and | 3 |
| correspondence and provide a method for customers to return | 4 |
| equipment to the cable or video provider at no cost to the | 5 |
| customer. | 6 |
| (4) In each contact with a customer, the service | 7 |
| representatives or any other person who contacts customers | 8 |
| or potential customers on behalf of the cable or video | 9 |
| provider shall state the estimated cost of the service, | 10 |
| repair, or installation orally prior to delivery of the | 11 |
| service or before any work is performed, shall provide the | 12 |
| customer with an oral statement of the total charges before | 13 |
| terminating the telephone call or other contact in which a | 14 |
| service is ordered, whether in-person or over the Internet, | 15 |
| and shall provide a written statement of the total charges | 16 |
| before leaving the location at which the work was | 17 |
| performed. In the event that the cost of service is a | 18 |
| promotional price or is for a limited period of time, the | 19 |
| cost of service at the end of the promotion or limited | 20 |
| period of time shall be disclosed. | 21 |
| (5) Cable or video providers shall provide customers a | 22 |
| minimum of 30 days' written notice before increasing rates | 23 |
| or eliminating transmission of programming and shall | 24 |
| submit the notice to the local unit of government in | 25 |
| advance of distribution to customers, provided that the | 26 |
| cable or video provider is not in violation of this |
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| provision if the elimination of transmission of | 2 |
| programming was outside the control of the provider, in | 3 |
| which case the provider shall use reasonable efforts to | 4 |
| provide as much notice as possible, and any rate decrease | 5 |
| related to the elimination of transmission of programming | 6 |
| shall be applied to the date of the change. | 7 |
| (6) Cable or video providers shall provide clear visual | 8 |
| and audio reception that meets or exceeds applicable | 9 |
| Federal Communications Commission technical standards. If | 10 |
| a customer experiences poor video or audio reception due to | 11 |
| the equipment of the cable or video provider, the cable or | 12 |
| video provider shall promptly repair the problem at its own | 13 |
| expense. | 14 |
| (c) Bills, payment, and termination: | 15 |
| (1) Cable or video providers shall render monthly bills | 16 |
| that are clear, accurate, and understandable. | 17 |
| (2) Every residential customer who pays bills directly | 18 |
| to the cable or video provider shall have at least 28 days | 19 |
| from the date of the bill to pay the listed charges. | 20 |
| (3) Customer payments shall be posted promptly. When | 21 |
| the payment is sent by United States mail, payment is | 22 |
| considered paid on the date it is postmarked. | 23 |
| (4) Cable or video providers may not terminate | 24 |
| residential service for nonpayment of a bill unless the | 25 |
| cable or video provider furnishes notice of the delinquency | 26 |
| and impending termination at least 21 days prior to the |
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| proposed termination. Notice of proposed termination shall | 2 |
| be mailed, postage prepaid, to the customer to whom service | 3 |
| is billed. Notice of proposed termination shall not be | 4 |
| mailed until the 29th day after the date of the bill for | 5 |
| services. Notice of delinquency and impending termination | 6 |
| may be part of a billing statement only if the notice is | 7 |
| presented in a different color than the bill and is | 8 |
| designed to be conspicuous. The cable or video providers | 9 |
| may not assess a late fee prior to the 29th day after the | 10 |
| date of the bill for service. | 11 |
| (5) Every notice of impending termination shall | 12 |
| include all of the following: the name and address of | 13 |
| customer; the amount of the delinquency; the date on which | 14 |
| payment is required to avoid termination; and the telephone | 15 |
| number of the cable or video provider's service | 16 |
| representative to make payment arrangements and to provide | 17 |
| additional information about the charges for failure to | 18 |
| return equipment and for reconnection, if any. No customer | 19 |
| may be charged a fee for termination or disconnection of | 20 |
| service, irrespective of whether the customer initiated | 21 |
| termination or disconnection or the cable or video provider | 22 |
| initiated termination or disconnection. | 23 |
| (6) Service may only be terminated on days when the | 24 |
| customer is able to reach a service representative of the | 25 |
| cable or video providers, either in person or by telephone. | 26 |
| (7) Any service terminated by a cable or video provider |
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| without good cause shall be restored without any | 2 |
| reconnection fee, charge, or penalty; good cause for | 3 |
| termination includes, but is not limited to, failure to pay | 4 |
| a bill by the date specified in the notice of impending | 5 |
| termination, payment by check for which there are | 6 |
| insufficient funds, theft of service, abuse of equipment or | 7 |
| personnel, or other similar subscriber actions. | 8 |
| (8) Cable or video providers shall cease charging a | 9 |
| customer for any or all services within one
business day | 10 |
| after it receives a request to immediately terminate | 11 |
| service or on the day requested by the customer if such a | 12 |
| date is at least 5 days from the date requested by the | 13 |
| customer. Nothing in this subsection (c) shall prohibit the | 14 |
| provider from billing for charges that the customer incurs | 15 |
| prior to the date of termination. Cable or video providers | 16 |
| shall issue a credit or a refund or return a deposit within | 17 |
| 10 business days after the close of the customer's billing | 18 |
| cycle following the request for termination or the return | 19 |
| of equipment, if any, whichever is later. | 20 |
| (9) The customers or subscribers of a cable or video | 21 |
| provider shall be allowed to disconnect their service at | 22 |
| any time within the first 60 days after subscribing to or | 23 |
| upgrading the service. Within this 60-day period, cable or | 24 |
| video providers shall not charge or impose any fees or | 25 |
| penalties on the customer for disconnecting service, | 26 |
| including, but not limited to, any installation charge or |
|
|
|
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| 1 |
| the imposition of an early termination charge, except the | 2 |
| cable or video provider may impose a charge or fee to | 3 |
| offset any rebates or credits received by the customer and | 4 |
| may impose monthly service or maintenance charges, | 5 |
| including pay-per-view and premium services charges, | 6 |
| during such 60-day period. | 7 |
| (10) Cable and video providers shall guarantee | 8 |
| customer satisfaction for new or upgraded service and the | 9 |
| customer shall receive a pro-rata credit in an amount equal | 10 |
| to the pro-rata charge for the remaining days of service | 11 |
| being disconnected or replaced upon the customers request | 12 |
| if the customer is dissatisfied with the service and | 13 |
| requests to discontinue the service within the first 60 | 14 |
| days after subscribing to the upgraded service. | 15 |
| (d) Response to customer inquiries: | 16 |
| (1) Cable or video providers will maintain a toll-free | 17 |
| telephone access line that is
available to customers 24 | 18 |
| hours a day, 7
days a week to accept calls regarding | 19 |
| installation, termination, service, and complaints. | 20 |
| Trained, knowledgeable, qualified service representatives | 21 |
| of the cable or video providers will be available to | 22 |
| respond to customer telephone inquiries during normal | 23 |
| business hours. Customer service representatives shall be | 24 |
| able to provide credit, waive fees, schedule appointments, | 25 |
| and change billing cycles. Any difficulties that cannot be | 26 |
| resolved by the customer service representatives shall be |
|
|
|
09600SB3464ham001 |
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| 1 |
| referred to a supervisor who shall make his or her best | 2 |
| efforts to resolve the issue immediately. If the supervisor | 3 |
| does not resolve the issue to the customer's satisfaction, | 4 |
| the customer shall be informed of the cable or video | 5 |
| provider's complaint procedures and procedures for billing | 6 |
| dispute resolution and given a description of the rights | 7 |
| and remedies available to customers to enforce the terms of | 8 |
| this Article, including the customer's rights to have the | 9 |
| complaint reviewed by the local unit of government, to | 10 |
| request mediation, and to review in a court of competent | 11 |
| jurisdiction. | 12 |
| (2) After normal business hours, the access line may be | 13 |
| answered by a service or an automated response system, | 14 |
| including an answering machine. Inquiries received by | 15 |
| telephone or e-mail after normal business hours shall be | 16 |
| responded to by a trained service representative on the | 17 |
| next business day. The cable or video provider shall | 18 |
| respond to a written billing inquiry within 10 days of | 19 |
| receipt of the inquiry. | 20 |
| (3) Cable or video providers shall provide customers | 21 |
| seeking non-standard installations with a total | 22 |
| installation cost estimate and an estimated date of | 23 |
| completion. The actual charge to the customer shall not | 24 |
| exceed 10% of the estimated cost without the written | 25 |
| consent of the customer. | 26 |
| (4) If the cable or video provider receives notice that |
|
|
|
09600SB3464ham001 |
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|
| 1 |
| an unsafe condition exists with respect to its equipment, | 2 |
| it shall investigate such condition immediately and shall | 3 |
| take such measures as are necessary to remove or eliminate | 4 |
| the unsafe condition. The cable or video provider shall | 5 |
| inform the local unit of government promptly, but no later | 6 |
| than 2 hours after it receives notification of an unsafe | 7 |
| condition that it has not remedied. | 8 |
| (5) Under normal operating conditions, telephone | 9 |
| answer time by the cable or video provider's customer | 10 |
| representative, including wait time, shall not exceed 30 | 11 |
| seconds when the connection is made. If the call needs to | 12 |
| be transferred, transfer time shall not exceed 30 seconds. | 13 |
| These standards shall be met no less than 90% of the time | 14 |
| under normal operating conditions, measured on a quarterly | 15 |
| basis. | 16 |
| (6) Under normal operating conditions, the cable or | 17 |
| video provider's customers will receive a busy signal less | 18 |
| than 3% of the time. | 19 |
| (e) Under normal operating conditions, each of the | 20 |
| following standards related to installations, outages, and | 21 |
| service calls will be met no less than 95% of the time measured | 22 |
| on a quarterly basis: | 23 |
| (1) Standard installations will be performed within 7 | 24 |
| business days after an order has been placed. "Standard" | 25 |
| installations are those that are located up to 125 feet | 26 |
| from the existing distribution system. |
|
|
|
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|
| 1 |
| (2) Excluding conditions beyond the control of the | 2 |
| cable or video providers, the cable or video providers will | 3 |
| begin working on "service interruptions" promptly and in no | 4 |
| event later than 24 hours after the interruption is | 5 |
| reported by the customer or otherwise becomes known to the | 6 |
| cable or video providers. Cable or video providers must | 7 |
| begin actions to correct other service problems the next | 8 |
| business day after notification of the service problem and | 9 |
| correct the problem within 48 hours after the interruption | 10 |
| is reported by the customer 95% of the time, measured on a | 11 |
| quarterly basis. | 12 |
| (3) The "appointment window" alternatives for | 13 |
| installations, service calls, and other installation | 14 |
| activities will be either a specific time or, at a maximum, | 15 |
| a 4-hour
time block during evening, weekend, and normal | 16 |
| business hours. The cable or video provider may schedule | 17 |
| service calls and other installation activities outside of | 18 |
| these hours for the express convenience of the customer. | 19 |
| (4) Cable or video providers may not cancel an | 20 |
| appointment with a customer after 5:00 p.m. on the business | 21 |
| day prior to the scheduled appointment. If the cable or | 22 |
| video provider's representative is running late for an | 23 |
| appointment with a customer and will not be able to keep | 24 |
| the appointment as scheduled, the customer will be | 25 |
| contacted. The appointment will be rescheduled, as | 26 |
| necessary, at a time that
is convenient for the customer, |
|
|
|
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|
| 1 |
| even if the rescheduled appointment is not within normal | 2 |
| business hours. | 3 |
| (f) Public benefit obligation: | 4 |
| (1) All cable or video providers offering service | 5 |
| pursuant to the Cable and Video Competition Law of 2007, | 6 |
| the Illinois Municipal Code, or the Counties Code shall | 7 |
| provide a free service line drop and free basic service to | 8 |
| all current and future public buildings within their | 9 |
| footprint, including, but not limited to, all local unit of | 10 |
| government buildings, public libraries, and public primary | 11 |
| and secondary schools, whether owned or leased by that | 12 |
| local unit of government ("eligible buildings"). Such | 13 |
| service shall be used in a manner consistent with the | 14 |
| government purpose for the eligible building and shall not | 15 |
| be resold. | 16 |
| (2) This obligation only applies to those cable or | 17 |
| video service providers whose cable service or video | 18 |
| service systems pass eligible buildings and its cable or | 19 |
| video service is generally available to residential | 20 |
| subscribers in the same local unit of government in which | 21 |
| the eligible building is located. The burden of providing | 22 |
| such service at each eligible building shall be shared by | 23 |
| all cable and video providers whose systems pass the | 24 |
| eligible buildings in an equitable and competitively | 25 |
| neutral manner, and nothing herein shall require | 26 |
| duplicative installations by more than one cable or video |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| provider at each eligible building. Cable or video | 2 |
| providers operating in a local unit of government shall | 3 |
| meet as necessary and determine who will provide service to | 4 |
| eligible buildings under this subsection (f). If the cable | 5 |
| or video providers are unable to reach an agreement, they | 6 |
| shall meet with the local unit of government, which shall | 7 |
| determine which cable or video providers will serve each | 8 |
| eligible building. The local unit of government shall bear | 9 |
| the costs of any inside wiring or video equipment costs not | 10 |
| ordinarily provided as part of the cable or video | 11 |
| provider's basic offering. | 12 |
| (g) After the cable or video providers have offered service | 13 |
| for one year, the cable or video providers shall make an annual | 14 |
| report to the Commission, to the local unit of government, and | 15 |
| to the Attorney General that it is meeting the standards | 16 |
| specified in this Article, identifying the number of complaints | 17 |
| it received over the prior year in the State and specifying the | 18 |
| number of complaints related to each of the following: (1) | 19 |
| billing, charges, refunds, and credits; (2) installation or | 20 |
| termination of service; (3) quality of service and repair; (4) | 21 |
| programming; and (5) miscellaneous complaints that do not fall | 22 |
| within these categories. Thereafter, the cable or video | 23 |
| providers shall also provide, upon request by the local unit of | 24 |
| government where service is offered and to the Attorney | 25 |
| General, an annual public report that includes performance data | 26 |
| described in subdivisions (5) and (6) of subsection (d) and |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| subdivisions (1) and (2) of subsection (e)
of this Section for | 2 |
| cable services or video services. The performance data shall be | 3 |
| disaggregated for each requesting local unit of government or | 4 |
| local exchange, as that term is defined in Section 13-206 of | 5 |
| this
Act, in which the cable or video providers have customers. | 6 |
| (h) To the extent consistent with federal law, cable or | 7 |
| video providers shall offer the lowest-cost basic cable or | 8 |
| video service as a stand-alone service to residential customers | 9 |
| at reasonable rates. Cable or video providers shall not require | 10 |
| the subscription to any service other than the lowest-cost | 11 |
| basic service or to any telecommunications or information | 12 |
| service, as a condition of access to cable or video service, | 13 |
| including programming offered on a per channel or per program | 14 |
| basis. Cable or video providers shall not discriminate between | 15 |
| subscribers to the lowest-cost basic service, subscribers to | 16 |
| other cable services or video services, and other subscribers | 17 |
| with regard to the rates charged for cable or video programming | 18 |
| offered on a per channel or per program basis. | 19 |
| (i) To the extent consistent with federal law, cable or | 20 |
| video providers shall ensure that charges for changes in the | 21 |
| subscriber's selection of services or equipment shall be based | 22 |
| on the cost of such change and shall not exceed nominal amounts | 23 |
| when the system's configuration permits changes in service tier | 24 |
| selection to be effected solely by coded entry on a computer | 25 |
| terminal or by other similarly simple method. | 26 |
| (j) To the extent consistent with federal law, cable or |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| video providers shall have a rate structure for the provision | 2 |
| of cable or video service that is uniform throughout the area | 3 |
| within the boundaries of the local unit of government. This | 4 |
| subsection (j) is not intended to prohibit bulk discounts to | 5 |
| multiple dwelling units or to prohibit reasonable discounts to | 6 |
| senior citizens or other economically disadvantaged groups. | 7 |
| (k) To the extent consistent with federal law, cable or | 8 |
| video providers shall not charge a subscriber for any service | 9 |
| or equipment that the subscriber has not affirmatively | 10 |
| requested by name. For purposes of this subsection (k), a | 11 |
| subscriber's failure to refuse a cable or video provider's | 12 |
| proposal to provide service or equipment shall not be deemed to | 13 |
| be an affirmative request for such service or equipment. | 14 |
| (l) No contract or service agreement containing an early | 15 |
| termination clause offering residential cable services or | 16 |
| video services or any bundle including such services shall be | 17 |
| for a term longer than 2 years one year . Any contract or | 18 |
| service offering with a term of service that contains an early | 19 |
| termination fee shall limit the early termination fee to not | 20 |
| more than the value of any additional goods or services | 21 |
| provided with the cable or video services, the amount of the | 22 |
| discount reflected in the price for cable services or video | 23 |
| services for the period during which the consumer benefited | 24 |
| from the discount , or a declining fee based on the remainder of | 25 |
| the contract term . | 26 |
| (m) Cable or video providers shall not discriminate in the |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| provision of services for the hearing and visually impaired, | 2 |
| and shall comply with the accessibility requirements of 47 | 3 |
| U.S.C. 613. Cable or video providers shall deliver and pick-up | 4 |
| or provide customers with pre-paid shipping and packaging for | 5 |
| the return of converters and other necessary equipment at the | 6 |
| home of customers with disabilities. Cable or video providers | 7 |
| shall provide free use of a converter or remote control unit to | 8 |
| mobility impaired customers. | 9 |
| (n)(1) To the extent consistent with federal law, cable or | 10 |
| video providers shall comply with the provisions of 47 U.S.C. | 11 |
| 532(h) and (j). The cable or video providers shall not exercise | 12 |
| any editorial control over any video programming provided | 13 |
| pursuant to this Section, or in any other way consider the | 14 |
| content of such programming, except that a cable or video | 15 |
| provider may refuse to transmit any leased access program or | 16 |
| portion of a leased access program that
contains obscenity, | 17 |
| indecency, or nudity and may consider such content to the | 18 |
| minimum extent necessary to establish a reasonable price for | 19 |
| the commercial use of designated channel capacity by an | 20 |
| unaffiliated person. This subsection (n) shall permit cable or | 21 |
| video providers to enforce prospectively a written and | 22 |
| published policy of prohibiting programming that the cable or | 23 |
| video provider reasonably believes describes or depicts sexual | 24 |
| or excretory activities or organs in a patently offensive | 25 |
| manner as measured by contemporary community standards. | 26 |
| (2) Upon customer request, the cable or video provider |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| shall, without charge, fully scramble or otherwise fully | 2 |
| block the audio and video programming of each channel | 3 |
| carrying such programming so that a person who is not a | 4 |
| subscriber does not receive the channel or programming. | 5 |
| (3) In providing sexually explicit adult programming | 6 |
| or other programming that is indecent on any channel of its | 7 |
| service primarily dedicated to sexually oriented | 8 |
| programming, the cable or video provider shall fully | 9 |
| scramble or otherwise fully block the video and audio | 10 |
| portion of such channel so that a person who is
not a | 11 |
| subscriber to such channel or programming does not receive | 12 |
| it. | 13 |
| (4) Scramble means to rearrange the content of the | 14 |
| signal of the programming so that the programming cannot be | 15 |
| viewed or heard in an understandable manner. | 16 |
| (o) Cable or video providers will maintain a listing, | 17 |
| specific to the level of street address, of the areas where its | 18 |
| cable or video services are available. Customers who inquire | 19 |
| about purchasing cable or video service shall be informed about | 20 |
| whether the cable or video provider's cable or video services | 21 |
| are currently available to them at their specific location. | 22 |
| (p) Cable or video providers shall not disclose the name, | 23 |
| address, telephone number or other personally identifying | 24 |
| information of a cable service or video service customer to be | 25 |
| used in mailing lists or to be used for other commercial | 26 |
| purposes not reasonably related to the conduct of its business |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| unless the cable or video provider has provided to the customer | 2 |
| a notice, separately or included in any other customer service | 3 |
| notice, that clearly and conspicuously describes the | 4 |
| customer's ability to prohibit the disclosure. Cable or video | 5 |
| providers shall provide an address and telephone number for a | 6 |
| customer to use without a toll charge to prevent disclosure of | 7 |
| the customer's name and address in mailing lists or for other | 8 |
| commercial purposes not reasonably related to the conduct of | 9 |
| its business to other businesses or affiliates of the cable or | 10 |
| video provider. Cable or video providers shall comply with the | 11 |
| consumer privacy requirements of the Communications Consumer | 12 |
| Privacy Act, the Restricted Call Registry Act, and 47 U.S.C. | 13 |
| 551 that are in effect as of June 30, 2007 (the effective date | 14 |
| of Public Act 95-9)
and as amended thereafter. | 15 |
| (q) Cable or video providers shall implement an informal | 16 |
| process for handling inquiries from local units of government | 17 |
| and customers concerning billing issues, service issues, | 18 |
| privacy concerns, and other consumer complaints. In the event | 19 |
| that an issue is not resolved through this informal process, a | 20 |
| local unit of government or the customer may request nonbinding | 21 |
| mediation with the cable or video provider, with each party to | 22 |
| bear its own costs of such mediation. Selection of the mediator | 23 |
| will be by mutual agreement, and preference will be given to | 24 |
| mediation services that do not charge the consumer for their | 25 |
| services. In the event that the informal process does not | 26 |
| produce a satisfactory result to the customer or the local unit |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| of government, enforcement may be pursued as provided in | 2 |
| subdivision (4) of subsection (r) of this Section. | 3 |
| (r) The Attorney General and the local unit of government | 4 |
| may enforce all of the customer service and privacy protection | 5 |
| standards of this Section with respect to complaints received | 6 |
| from residents within the local unit of government's | 7 |
| jurisdiction, but it may not adopt or seek to enforce any | 8 |
| additional or different customer service or performance | 9 |
| standards under any other authority or provision of law. | 10 |
| (1) The local unit of government may, by ordinance, | 11 |
| provide a schedule of penalties for any material breach of | 12 |
| this Section by cable or video providers in addition to the | 13 |
| penalties provided herein. No monetary penalties shall be | 14 |
| assessed for a material breach if it is out of the | 15 |
| reasonable control of the cable or video providers or its | 16 |
| affiliate. Monetary penalties adopted in an ordinance | 17 |
| pursuant to this Section shall apply on a competitively | 18 |
| neutral basis to all providers of cable service or video | 19 |
| service within the local unit of government's | 20 |
| jurisdiction. In
no event shall the penalties imposed under | 21 |
| this subsection (r) exceed $750 for each day of the | 22 |
| material breach, and these penalties shall not exceed | 23 |
| $25,000 for each occurrence of a material breach per | 24 |
| customer. | 25 |
| (2) For purposes of this Section, "material breach" | 26 |
| means any substantial
failure of a cable or video service |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| provider to comply with service quality and other standards | 2 |
| specified in any provision of this Act. The Attorney | 3 |
| General or the local unit of government shall give the | 4 |
| cable or video provider written notice of any alleged | 5 |
| material breaches of this Act and allow such provider at | 6 |
| least 30 days from receipt of the notice to remedy the | 7 |
| specified material breach. | 8 |
| (3) A material breach, for the purposes of assessing | 9 |
| penalties, shall be deemed to have occurred for each day | 10 |
| that a material breach has not been remedied by the cable | 11 |
| service or video service provider after the expiration of | 12 |
| the period specified in subdivision (2) of this subsection | 13 |
| (r)
in each local unit of government's jurisdiction, | 14 |
| irrespective of the number of customers affected. | 15 |
| (4) Any customer, the Attorney General, or a local unit | 16 |
| of government may pursue alleged violations of this Act by | 17 |
| the cable or video provider in a court of competent | 18 |
| jurisdiction. A cable or video provider may seek judicial | 19 |
| review of a decision of a local unit of government imposing | 20 |
| penalties in a court of competent jurisdiction. No local | 21 |
| unit of government shall be subject to suit for damages or | 22 |
| other relief based upon its action in connection with its | 23 |
| enforcement or review of any of the terms, conditions, and | 24 |
| rights contained in this Act except a court may require the | 25 |
| return of any penalty it finds was not properly assessed or | 26 |
| imposed. |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| (s) Cable or video providers shall credit customers for | 2 |
| violations in the amounts stated herein. The credits shall be | 3 |
| applied on the statement issued to the customer for the next | 4 |
| monthly billing cycle following the violation or following the | 5 |
| discovery of the violation. Cable or video providers are | 6 |
| responsible for providing the credits described herein and the | 7 |
| customer is under no obligation to request the credit. If the | 8 |
| customer is no longer taking service from the cable or video | 9 |
| provider, the credit amount will be refunded to the customer by | 10 |
| check within 30 days of the termination of service. A local | 11 |
| unit of government may, by ordinance, adopt a schedule of | 12 |
| credits payable directly to customers for breach of the | 13 |
| customer service standards and obligations contained in this | 14 |
| Article, provided the schedule of customer credits applies on a | 15 |
| competitively neutral basis to all providers of cable service | 16 |
| or video service in the local unit of government's jurisdiction | 17 |
| and the credits are not greater than the credits provided in | 18 |
| this Section. | 19 |
| (1) Failure to provide notice of customer service | 20 |
| standards upon initiation of service: $25.00. | 21 |
| (2) Failure to install service within 7 days: Waiver of | 22 |
| 50% of the installation fee or the monthly fee for the | 23 |
| lowest-cost basic service, whichever is greater. Failure | 24 |
| to install service within 14 days: Waiver of 100% of the | 25 |
| installation fee or the monthly fee for the lowest-cost | 26 |
| basic service, whichever is greater. |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| (3) Failure to remedy service interruptions or poor | 2 |
| video or audio service quality within 48 hours: Pro-rata | 3 |
| credit of total regular monthly charges equal to the number | 4 |
| of days of the service interruption. | 5 |
| (4) Failure to keep an appointment or to notify the | 6 |
| customer prior to the close of business on the business day | 7 |
| prior to the scheduled appointment: $25.00. | 8 |
| (5) Violation of privacy protections: $150.00. | 9 |
| (6) Failure to comply with scrambling requirements: | 10 |
| $50.00 per month. | 11 |
| (7) Violation of customer service and billing | 12 |
| standards in subsections (c) and (d) of this Section: | 13 |
| $25.00 per occurrence. | 14 |
| (8) Violation of the bundling rules in subsection
(h) | 15 |
| of this Section: $25.00 per month. | 16 |
| (t) The enforcement powers granted to the Attorney General | 17 |
| in Article XXI of this
Act shall apply to this Article, except | 18 |
| that the Attorney General may not seek penalties for violation | 19 |
| of this Article
other than in the amounts specified herein. | 20 |
| Nothing in this Section shall limit or affect the powers of the | 21 |
| Attorney General to enforce the provisions of Article XXI
of | 22 |
| this
Act or the Consumer Fraud and Deceptive Business Practices | 23 |
| Act. | 24 |
| (u) This Article
applies to all cable and video providers | 25 |
| in the State, including but not limited to those operating | 26 |
| under a local franchise as that term is used in 47 U.S.C. |
|
|
|
09600SB3464ham001 |
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LRB096 16565 AMC 40741 a |
|
| 1 |
| 522(9), those operating under authorization pursuant to | 2 |
| Section 11-42-11 of the Illinois Municipal Code, those | 3 |
| operating under authorization pursuant to Section 5-1095 of the | 4 |
| Counties Code, and those operating under a State-issued | 5 |
| authorization pursuant to Article XXI of this
Act.
| 6 |
| (Source: P.A. 95-9, eff. 6-30-07; 95-876, eff. 8-21-08.)".
|
|