Full Text of SB1381 100th General Assembly
SB1381sam001 100TH GENERAL ASSEMBLY | Sen. Bill Cunningham Filed: 5/22/2017
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| 1 | | AMENDMENT TO SENATE BILL 1381
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1381 as follows: | 3 | | on page 1, line 8, after "13-103,", by inserting "13-301.1,"; | 4 | | and | 5 | | on page 6, immediately below line 18, by inserting the | 6 | | following:
| 7 | | "(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
| 8 | | (Section scheduled to be repealed on July 1, 2017)
| 9 | | Sec. 13-301.1. Universal Telephone Service Assistance | 10 | | Program.
| 11 | | (a) The Commission shall by rule or regulation establish a | 12 | | Universal
Telephone Service Assistance Program for low income | 13 | | residential customers.
The program shall provide for a | 14 | | reduction of access line charges, a
reduction of connection | 15 | | charges, or any other alternative assistance or program to |
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| 1 | | increase
accessibility to telephone service and broadband | 2 | | Internet access service that the Commission deems advisable
| 3 | | subject to the availability of funds for the program as | 4 | | provided in subsections
subsection (d) and (e) . The Commission | 5 | | shall establish eligibility
requirements
for benefits under | 6 | | the program.
| 7 | | (b) The Commission shall adopt rules providing for enhanced | 8 | | enrollment for
eligible consumers to receive lifeline service. | 9 | | Enhanced enrollment may
include, but is not limited to, joint | 10 | | marketing, joint application, or joint
processing with the | 11 | | Low-Income Home Energy Assistance Program, the Medicaid
| 12 | | Program, and the Food Stamp Program. The Department of Human | 13 | | Services, the
Department of Healthcare and Family Services, and | 14 | | the Department of Commerce and Economic Opportunity,
upon | 15 | | request of the Commission, shall assist in the adoption and | 16 | | implementation
of those rules. The Commission and the | 17 | | Department of Human Services, the
Department of Healthcare and | 18 | | Family Services, and the Department of Commerce and Economic | 19 | | Opportunity
may enter into memoranda of understanding | 20 | | establishing the respective duties of
the Commission and the | 21 | | Departments in relation to enhanced enrollment.
| 22 | | (c) In this Section : , | 23 | | "Lifeline "lifeline service" means a retail local | 24 | | service
offering described by 47 CFR C.F.R. Section | 25 | | 54.401(a), as amended.
| 26 | | (d) The Commission shall require by rule or regulation that |
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| 1 | | each
telecommunications carrier providing local exchange | 2 | | telecommunications
services notify its customers that if the | 3 | | customer wishes to participate in
the funding of the Universal | 4 | | Telephone Service Assistance Program he may do
so by electing | 5 | | to contribute, on a monthly basis, a fixed amount that will
be | 6 | | included in the customer's monthly bill. The customer may cease
| 7 | | contributing at any time upon providing notice to the | 8 | | telecommunications
carrier providing local exchange | 9 | | telecommunications services. The notice
shall state that any | 10 | | contribution made will not reduce the customer's bill
for | 11 | | telecommunications services. Failure to remit the amount of | 12 | | increased
payment will reduce the contribution accordingly. | 13 | | The Commission shall
specify the monthly fixed amount or | 14 | | amounts that customers wishing to
contribute to the funding of | 15 | | the Universal Telephone Service Assistance
Program may choose | 16 | | from in making their contributions. Every
telecommunications | 17 | | carrier providing local exchange telecommunications
services | 18 | | shall remit the amounts contributed in accordance with the | 19 | | terms
of the Universal Telephone Service Assistance Program.
| 20 | | (e) Amounts collected and remitted under subsection (d) | 21 | | may, to the extent the Commission deems advisable, be used for | 22 | | funding a program to be administered by the entity designated | 23 | | by the Commission as administrator of the Universal Telephone | 24 | | Service Assistance Program for educating and assisting | 25 | | low-income residential customers with a transition to Internet | 26 | | protocol-based networks and services. This program may |
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| 1 | | include, but need not be limited to, measures designed to | 2 | | notify and educate residential customers regarding the | 3 | | availability of alternative voice services with access to | 4 | | 9-1-1, access to and use of broadband Internet access service, | 5 | | and pricing options. | 6 | | (Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07 .)"; | 7 | | and
| 8 | | by replacing line 25 on page 7 through line 18 on page 16 with | 9 | | the following:
| 10 | | "(220 ILCS 5/13-406.1 new) | 11 | | Sec. 13-406.1. Large Electing Provider transition to | 12 | | IP-based networks and service. | 13 | | (a) As used in this Section: | 14 | | "Alternative voice service" means service that includes | 15 | | all of the applicable functionalities for voice telephony | 16 | | services described in 47 CFR 54.101(a). | 17 | | "Existing customer" means a residential customer of the | 18 | | Large Electing Provider who is subscribing to a | 19 | | telecommunications service on the date the Large Electing | 20 | | Provider sends its notice under paragraph (1) of subsection (c) | 21 | | of this Section of its intent to cease offering and providing | 22 | | service. For purposes of this Section, a residential customer | 23 | | of the Large Electing Provider whose service has been | 24 | | temporarily suspended, but not finally terminated as of the |
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| 1 | | date that the Large Electing Provider sends such notice, shall | 2 | | be deemed to be an "existing customer". | 3 | | "Large Electing Provider" means an Electing Provider, as | 4 | | defined in Section 13-506.2 of this Act, that reported in its | 5 | | annual competition report for the year 2016 filed with the | 6 | | Commission under Section 13-407 of this Act and 83 Ill. Adm. | 7 | | Code 793 that it provided at least 700,000 access lines to end | 8 | | users. | 9 | | "New customer" means a residential customer who is not | 10 | | subscribing to a telecommunications service provided by the | 11 | | Large Electing Provider on the date the Large Electing Provider | 12 | | sends its notice under paragraph (1) of subsection (c) of this | 13 | | Section of its intent to cease offering and providing such | 14 | | service. | 15 | | "Provider" includes every corporation, company, | 16 | | association, firm, partnership, and individual and their | 17 | | lessees, trustees, or receivers appointed by any court that | 18 | | sell or offer to sell an alternative voice service. | 19 | | "Reliable access to 9-1-1" means access to 9-1-1 that | 20 | | complies with the applicable rules, regulations, and | 21 | | guidelines established by the Federal Communications | 22 | | Commission and the applicable provisions of the Emergency | 23 | | Telephone System Act and implementing rules. | 24 | | "Willing provider" means a provider that voluntarily | 25 | | participates in the request for service process. | 26 | | (b) Beginning June 30, 2017, a Large Electing Provider may, |
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| 1 | | to the extent permitted by and consistent with federal law, | 2 | | including, as applicable, approval by the Federal | 3 | | Communications Commission of the discontinuance of the | 4 | | interstate-access component of a telecommunications service, | 5 | | cease to offer and provide a telecommunications service to an | 6 | | identifiable class or group of customers, other than voice | 7 | | telecommunications service to residential customers, upon 60 | 8 | | days' notice to the Commission and affected customers. | 9 | | (c) Beginning June 30, 2017, a Large Electing Provider may, | 10 | | to the extent permitted by and consistent with federal law, | 11 | | cease to offer and provide voice telecommunications service to | 12 | | an identifiable class or group of residential customers, which, | 13 | | for the purposes of this subsection (c), shall be referred to | 14 | | as "requested service", subject to compliance with the | 15 | | following requirements: | 16 | | (1) No less than 255 days prior to providing notice to | 17 | | the Federal Communications Commission of its intent to | 18 | | discontinue the interstate-access component of the | 19 | | requested service, the Large Electing Provider shall: | 20 | | (A) file a notice of the proposed cessation of the | 21 | | requested service with the Commission; and | 22 | | (B) provide notice of the proposed cessation of the | 23 | | requested service to each of the Large Electing | 24 | | Provider's existing customers within the affected | 25 | | geographic area by first-class mail separate from | 26 | | customer bills. If the customer has elected to receive |
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| 1 | | electronic billing, the notice shall be sent | 2 | | electronically and by first-class mail separate from | 3 | | customer bills. The notice provided under this | 4 | | subparagraph (B) must describe the requested service, | 5 | | identify the earliest date on which the Large Electing | 6 | | Provider intends to cease offering or providing the | 7 | | telecommunications service, provide a telephone number | 8 | | by which the existing customer may contact a service | 9 | | representative of the Large Electing Provider, and | 10 | | provide a telephone number by which the existing | 11 | | customer may contact the Commission's Consumer | 12 | | Services Division. The notice shall also include the | 13 | | following statement: | 14 | | "If you do not believe that an alternative | 15 | | voice service including reliable access to 9-1-1 | 16 | | is available to you, from either [name of Large | 17 | | Electing Provider] or another provider of wired or | 18 | | wireless voice service where you live, you have the | 19 | | right to request the Illinois Commerce Commission | 20 | | to investigate the availability of alternative | 21 | | voice service including reliable access to 9-1-1. | 22 | | To do so, you must submit such a request in either | 23 | | writing or by signing and returning a copy of this | 24 | | notice, no later than (insert date), 60 days after | 25 | | the date of the notice to the following address: | 26 | | Chief Clerk of the Illinois Commerce Commission |
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| 1 | | 527 East Capitol Avenue | 2 | | Springfield, Illinois 62706 | 3 | | You must include in your request a reference to | 4 | | the notice you received from [Large Electing | 5 | | Provider's name] and the date of notice.". | 6 | | Thirty days following the date of notice, the Large | 7 | | Electing Provider shall provide each customer to which | 8 | | the notice was sent a follow-up notice containing the | 9 | | same information and reminding customers of the | 10 | | deadline for requesting the Commission to investigate | 11 | | alternative voice service with access to 9-1-1. | 12 | | (2) After June 30, 2017, and only in a geographic area | 13 | | for which a Large Electing Provider has provided notice of | 14 | | proposed cessation of the requested service to existing | 15 | | customers under paragraph (1) of this subsection (c), an | 16 | | existing customer of that provider may, within 60 days | 17 | | after issuance of such notice, request the Commission to | 18 | | investigate the availability of alternative voice service | 19 | | including reliable access to 9-1-1 to that customer. For | 20 | | the purposes of this paragraph (2), existing customers who | 21 | | make such a request are referred to as "requesting existing | 22 | | customers". The Large Electing Provider may cease to offer | 23 | | or provide the requested service to existing customers who | 24 | | do not make a request for investigation beginning 30 days | 25 | | after issuance of the notice required by paragraph (5) of | 26 | | this subsection (c). |
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| 1 | | (A) In response to all requests and investigations | 2 | | under this paragraph (2), the Commission shall conduct | 3 | | a single investigation to be commenced 75 days after | 4 | | the receipt of notice under paragraph (1) of this | 5 | | subsection (c), and completed within 135 days after | 6 | | commencement. The Commission shall, within 135 days | 7 | | after commencement of the investigation, make one of | 8 | | the findings described in subdivisions (i) and (ii) of | 9 | | this subparagraph (A) for each requesting existing | 10 | | customer. | 11 | | (i) If, as a result of the investigation, the | 12 | | Commission finds that service from at least one | 13 | | provider offering alternative voice service | 14 | | including reliable access to 9-1-1 through any | 15 | | technology or medium is available to one or more | 16 | | requesting existing customers, the Commission | 17 | | shall declare by order that, with respect to each | 18 | | requesting existing customer for which such a | 19 | | finding is made, the Large Electing Provider may | 20 | | cease to offer or provide the requested service | 21 | | beginning 30 days after the issuance of the notice | 22 | | required by paragraph (5) of this subsection (c). | 23 | | (ii) If, as a result of the investigation, the | 24 | | Commission finds that service from at least one | 25 | | provider offering alternative voice service, | 26 | | including reliable access to 9-1-1, through any |
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| 1 | | technology or medium is not available to one or | 2 | | more requesting existing customers, the Commission | 3 | | shall declare by order that an emergency exists | 4 | | with respect to each requesting existing customer | 5 | | for which such a finding is made. | 6 | | (B) If the Commission declares an emergency under | 7 | | subdivision (ii) of subparagraph (A) of this paragraph | 8 | | (2) with respect to one or more requesting existing | 9 | | customers, the Commission shall conduct a request for | 10 | | service process to identify a willing provider of | 11 | | alternative voice service including reliable access to | 12 | | 9-1-1. A provider shall not be required to participate | 13 | | in the request for service process. The willing | 14 | | provider may utilize any form of technology that is | 15 | | capable of providing alternative voice service | 16 | | including reliable access to 9-1-1, including, without | 17 | | limitation, Voice over Internet Protocol services and | 18 | | wireless services. The Commission shall, within 45 | 19 | | days after the issuance of an order finding that an | 20 | | emergency exists, make one of the determinations | 21 | | described in subdivisions (i) and (ii) of this | 22 | | subparagraph (B) for each requesting existing customer | 23 | | for which an emergency has been declared. | 24 | | (i) If the Commission determines that another | 25 | | provider is willing and capable of providing | 26 | | alternative voice service including reliable |
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| 1 | | access to 9-1-1 to one or more requesting existing | 2 | | customers for which an emergency has been | 3 | | declared, the Commission shall declare by order | 4 | | that, with respect to each requesting existing | 5 | | customer for which such a determination is made, | 6 | | the Large Electing Provider may cease to offer or | 7 | | provide the requested service beginning 30 days | 8 | | after the issuance of the notice required by | 9 | | paragraph (5) of this Section. | 10 | | (ii) If the Commission determines that for one | 11 | | or more of the requesting existing customers for | 12 | | which an emergency has been declared there is no | 13 | | other provider willing and capable of providing | 14 | | alternative voice service including reliable | 15 | | access to 9-1-1, the Commission shall issue an | 16 | | order requiring the Large Electing Provider to | 17 | | provide alternative voice service including | 18 | | reliable access to 9-1-1 to each such requesting | 19 | | existing customer utilizing any form of technology | 20 | | capable of providing alternative voice service | 21 | | including reliable access to 9-1-1, including, | 22 | | without limitation, continuation of the requested | 23 | | service, Voice over Internet Protocol services, | 24 | | and wireless services, until another willing | 25 | | provider is available. A Large Electing Provider | 26 | | may fulfill the requirement through an affiliate |
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| 1 | | or another provider. The Large Electing Provider | 2 | | may request that such an order be rescinded upon a | 3 | | showing that an alternative voice service | 4 | | including reliable access to 9-1-1 has become | 5 | | available to the requesting existing customer from | 6 | | another provider. | 7 | | (3) If the Commission receives no requests for | 8 | | investigation from any existing customer under paragraph | 9 | | (2) of this subsection (c) within 60 days after issuance of | 10 | | the notice under paragraph (1) of this subsection (c), the | 11 | | Commission shall provide written notice to the Large | 12 | | Electing Provider of that fact no later than 75 days after | 13 | | receipt of notice under paragraph (1) of this subsection | 14 | | (c). Notwithstanding any provision of this subsection (c) | 15 | | to the contrary, if no existing customer requests an | 16 | | investigation under paragraph (2) of this subsection (c), | 17 | | the Large Electing Provider may immediately provide the | 18 | | notice to the Federal Communications Commission as | 19 | | described in paragraph (4) of this subsection (c). | 20 | | (4) At the same time that it provides notice to the | 21 | | Federal Communications Commission of its intent to | 22 | | discontinue the interstate-access component of the | 23 | | requested service, the Large Electing Provider shall: | 24 | | (A) file a notice of proposal to cease to offer and | 25 | | provide the requested service with the Commission; and | 26 | | (B) provide a notice of proposal to cease to offer |
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| 1 | | and provide the requested service to existing | 2 | | customers and new customers receiving the service at | 3 | | the time of the notice within each affected geographic | 4 | | area, with the notice made by first-class mail or | 5 | | within customer bills delivered by mail or equivalent | 6 | | means of notice, including electronic means if the | 7 | | customer has elected to receive electronic billing. | 8 | | The notice provided under this subparagraph (B) must | 9 | | include a brief description of the requested service, | 10 | | the date on which the Large Electing Provider intends | 11 | | to cease offering or providing the telecommunications | 12 | | service, and a statement as required by 47 CFR 63.71 | 13 | | that describes the process by which the customer may | 14 | | submit comments to the Federal Communications | 15 | | Commission. | 16 | | (5) Upon approval by the Federal Communications | 17 | | Commission of its request to discontinue the | 18 | | interstate-access component of the requested service and | 19 | | subject to the requirements of any order issued by the | 20 | | Commission under subdivision (ii) of subparagraph (B) of | 21 | | paragraph (2) of this subsection (c), the Large Electing | 22 | | Provider may immediately cease to offer the requested | 23 | | service to all customers not receiving the service on the | 24 | | date of the Federal Communications Commission's approval | 25 | | and may cease to offer and provide the requested service to | 26 | | all customers receiving the service at the time of the |
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| 1 | | Federal Communications Commission's approval upon 30 days' | 2 | | notice to the Commission and affected customers. Notice to | 3 | | affected customers under this paragraph (5) shall be | 4 | | provided by first-class mail separate from customer bills. | 5 | | The notice provided under this paragraph (5) must describe | 6 | | the requested service, identify the date on which the Large | 7 | | Electing Provider intends to cease offering or providing | 8 | | the telecommunications service, and provide a telephone | 9 | | number by which the existing customer may contact a service | 10 | | representative of the Large Electing Provider. | 11 | | (6) The notices provided for in paragraph (1) of this | 12 | | subsection (c) are not required as a prerequisite for the | 13 | | Large Electing Provider to cease to offer or provide a | 14 | | telecommunications service in a geographic area where | 15 | | there are no residential customers taking service from the | 16 | | Large Electing Provider on the date that the Large Electing | 17 | | Provider files notice to the Federal Communications | 18 | | Commission of its intent to discontinue the | 19 | | interstate-access component of the requested service in | 20 | | such a geographic area. | 21 | | (7) For a period of 45 days following the date of a | 22 | | notice issued pursuant to paragraph (5) of this Section, | 23 | | any existing customer (i) who is located in the affected | 24 | | geographic area subject to that notice; (ii) who was | 25 | | receiving the requested service as of the date of the | 26 | | Federal Communications Commission's approval of the Large |
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| 1 | | Electing Provider's request to discontinue the | 2 | | interstate-access component of the requested service; | 3 | | (iii) who did not make a timely request for investigation | 4 | | pursuant to paragraph (2) of this Section; and (iv) whose | 5 | | service will be or has been discontinued pursuant paragraph | 6 | | (5), may request assistance from the Large Electing | 7 | | Provider in identifying providers of alternative voice | 8 | | service including reliable access to 9-1-1. Within 15 days | 9 | | of the request, the Large Electing Provider shall provide | 10 | | the customer with a list of alternative voice service | 11 | | providers. | 12 | | (8) Notwithstanding any other provision of this Act, | 13 | | except as expressly authorized by this subsection (c), the | 14 | | Commission may not, upon its own motion or upon complaint, | 15 | | investigate, suspend, disapprove, condition, or otherwise | 16 | | regulate the cessation of a telecommunications service to | 17 | | an identifiable class or group of customers once initiated | 18 | | by a Large Electing Provider under subsection (b) or this | 19 | | subsection (c). ".
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