[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] |
90_HB0263ccr001
LRB9000755JSgcccr10
1 90TH GENERAL ASSEMBLY
2 CONFERENCE COMMITTEE REPORT
3 ON HOUSE BILL 263
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to Senate
10 Amendment No. 1 to House Bill 263, recommend the following:
11 (1) that the Senate recede from Senate Amendment No. 1;
12 and
13 (2) that House Bill 263 be amended by replacing the
14 title with the following:
15 "AN ACT to amend the Public Utilities Act in relation to
16 telecommunications services."; and
17 by replacing everything after the enacting clause with the
18 following:
19 "Section 5. The Public Utilities Act is amended by
20 changing Sections 13-506, 13-509, and 13-515 as follows:
21 (220 ILCS 5/13-506)
22 (Section scheduled to be repealed on July 1, 2001)
23 Sec. 13-506. Tariffs for competitive telecommunications
24 services.
25 (a) Telecommunications carriers may file proposed
26 tariffs for any competitive telecommunications service which
27 includes and specifically describes a range, band, formula,
28 or standard within which or by which a change in rates or
29 charges for such telecommunications service could be made
30 without prior notice or prior Commission approval, provided
31 that any and all rates or charges within the band or range,
32 or determinable by the operation of the formula or standard,
-2- LRB9000755JSgcccr10
1 are consistent with the public interest and the purpose and
2 policies of this Article and Act, and are likely to remain so
3 for the foreseeable forseeable future. To the extent any
4 proposed band or range encompasses rates or charges which are
5 not consistent with the public interest and the purposes and
6 policies of this Article and Act or otherwise fully proper,
7 or any proposed formula or standard determines rates or
8 charges which are not consistent with the purposes and
9 policies of this Article and Act or otherwise fully proper,
10 the Commission after notice and hearing shall have the power
11 to modify the level, scope, or limits of such band or range,
12 and to modify or limit the operation of such formula or
13 standard, as necessary, to ensure that rates or charges
14 resulting therefrom are consistent with the purposes and
15 policies of this Article and Act and fully proper, and likely
16 to remain so in the foreseeable forseeable future.
17 (b) The Commission may require a telecommunications
18 carrier to file a variable tariff as described in paragraph
19 (a) for any or all competitive telecommunications services
20 which are offered or provided by such carrier, if the
21 Commission finds, after notice and hearing, that the
22 determination of rates or charges for such service by a
23 tariff would improve the Commission's ability to effectively
24 regulate such rates or charges and that such improvement is
25 required by the public interest. Any such tariff required by
26 the Commission shall be approved only if it is also
27 consistent with the provisions of paragraph (a) of this
28 Section.
29 (c) After When the Commission approves a variable tariff
30 filed, as proposed or modified pursuant to this Section
31 becomes effective, the telecommunications carrier shall place
32 such tariff in effect thereafter and such tariff shall
33 determine the rates and or charges for services according to
34 the provisions thereof.
35 (Source: P.A. 90-185, eff. 7-23-97.)
-3- LRB9000755JSgcccr10
1 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
2 (Section scheduled to be repealed on July 1, 2001)
3 Sec. 13-509. Agreements for provisions of competitive
4 telecommunications services differing from tariffs. A
5 telecommunications carrier may negotiate with customers or
6 prospective customers to provide competitive
7 telecommunications service, and in so doing, may offer or
8 agree to provide such service on such terms and for such
9 rates or charges as are reasonable, without regard to any
10 tariffs it may have filed with the Commission with respect to
11 such services. Within 10 business days after executing any
12 such agreement, the telecommunications carrier shall file any
13 contract or memorandum of understanding for the provision of
14 telecommunications service, which shall include the rates or
15 other charges, practices, rules or regulations applicable to
16 the agreed provision of such service. Any cost support
17 required to be filed with for the agreement by some other
18 Section of this Act shall be filed within 30 calendar days
19 after executing any such agreement. Where the agreement
20 contains the same rates, charges, practices, rules, and
21 regulations found in a single contract or memorandum already
22 filed by the telecommunications carrier with the Commission,
23 instead of filing the contract or memorandum, the
24 telecommunications carrier may elect to file a letter
25 identifying the new agreement and specifically referencing
26 the contract or memorandum already on file with the
27 Commission which contains the same provisions. A single
28 letter may be used to file more than one new agreement. Upon
29 filing its contract or memorandum, or letter, the
30 telecommunications carrier shall thereafter provide service
31 according to the terms thereof, unless the Commission finds,
32 after notice and hearing, that the continued provision of
33 service pursuant to such contract or memorandum would
34 substantially and adversely affect the financial integrity of
35 the telecommunications carrier or would violate any other
-4- LRB9000755JSgcccr10
1 provision of this Act.
2 Any contract or memorandum entered into and filed
3 pursuant to the provisions of this Section may, in the
4 Commission's discretion, be accorded proprietary treatment.
5 (Source: P.A. 90-185, eff. 7-23-97.)
6 (220 ILCS 5/13-515)
7 (Section scheduled to be repealed on July 1, 2001)
8 Sec. 13-515. Enforcement.
9 (a) The following expedited procedures Commission shall
10 be used to enforce the provisions of Section 13-514 of this
11 Act except as provided in subsection (b). However, Unless
12 the Commission, the complainant, and the respondent may
13 parties otherwise mutually agree to adjust, the Commission
14 shall use the procedures established set forth in this
15 Section. If the Commission determines, pursuant to
16 subsection (b), that the procedural provisions of this
17 Section do not apply, the complaint shall continue pursuant
18 to the general complaint provisions of Article X for the
19 review of complaints relating to violations of Section
20 13-514.
21 (b) The provisions of this Section shall not apply to an
22 allegation of a violation of item (8) of Section 13-514 by
23 interconnection agreements with a Bell operating company, as
24 defined in Section 3 of the federal Telecommunications Act of
25 1996, unless and until the date such company or its affiliate
26 is authorized to provide inter-LATA services under Section
27 271(d) of the federal Telecommunications that Act of 1996;
28 provided, however, that a complaint setting forth a separate
29 independent basis for a violation of Section 13-514 may
30 proceed under this Section notwithstanding that the alleged
31 acts or omissions may also constitute a violation of item (8)
32 of Section 13-514.
33 (c) No complaint may be filed under this Section until
34 the complainant has first notified the respondent of the
-5- LRB9000755JSgcccr10
1 alleged violation and offered the respondent 48 hours to
2 correct the situation. Provision of notice and the
3 opportunity to correct the situation creates a rebuttable
4 presumption of knowledge under Section 13-514.
5 (d) A telecommunications carrier may file a complaint
6 with the Commission alleging a violation of Section 13-514 in
7 accordance with this subsection:
8 (1) The complaint shall be filed with the Chief
9 Clerk of the Commission and shall be served in hand upon
10 the respondent, the executive director, and the general
11 counsel of the Commission at the time of the filing.
12 (2) A complaint filed under this subsection shall
13 include a statement that the requirements of subsection
14 (c) have been fulfilled and that the respondent did not
15 correct the situation as requested.
16 (3) Reasonable discovery specific to the issue of
17 the complaint may commence upon filing of the complaint.
18 Requests for discovery must be served in hand and
19 responses to discovery must be provided in hand to the
20 requester within 14 days after a request for discovery is
21 made.
22 (4) An answer and any other responsive pleading to
23 the complaint shall be filed with the Commission and
24 served in hand at the same time upon the complainant, the
25 executive director, and the general counsel of the
26 Commission within 7 days after the date on which the
27 complaint is filed.
28 (5) If the answer or responsive pleading raises the
29 issue that the complaint violates subsection (i) of this
30 Section, the complainant may file a reply to such
31 allegation within 3 days after actual service of such
32 answer or responsive pleading. Within 4 days after the
33 time for filing a reply has expired, the hearing officer
34 or arbitrator shall either issue a written decision
35 dismissing the complaint as frivolous in violation of
-6- LRB9000755JSgcccr10
1 subsection (i) of this Section including the reasons for
2 such disposition or shall issue an order directing that
3 the complaint shall proceed. A determination as to
4 reasonable grounds for the complaint and, if appropriate,
5 a directive for legal notice of a hearing shall be made
6 within 3 days after the date on which the answer is
7 filed.
8 (6) A pre-hearing conference shall be held within
9 14 days after the date on which the complaint is filed.
10 (7) The hearing shall commence within 30 days of
11 the date on which the complaint is filed. The hearing
12 may be conducted by a hearing examiner or by an
13 arbitrator. Parties and the Commission staff shall be
14 entitled to present evidence and legal argument in oral
15 or written form as deemed appropriate by the hearing
16 examiner or arbitrator. The hearing examiner or
17 arbitrator shall issue a written decision within 60 days
18 after the date on which the complaint is filed. The
19 decision shall include reasons for the disposition of the
20 complaint and, if a violation of Section 13-514 is found,
21 directions and a deadline for correction of the
22 violation. The decision of the hearing examiner or
23 arbitrator shall be considered a final order of the
24 Commission after 10 days unless the Commission enters its
25 own final order within 10 days of the decision of the
26 hearing examiner or arbitrator.
27 (8) Any party may file a petition requesting the
28 Commission to review the decision of the hearing examiner
29 or arbitrator within 5 days of such decision. Any party
30 may file a response to a petition for review within 3
31 business days after actual service of the petition.
32 After the time for filing of the petition for review, but
33 no later than 15 days after the decision of the hearing
34 examiner or arbitrator, the Commission shall decide to
35 adopt the decision of the hearing examiner or arbitrator
-7- LRB9000755JSgcccr10
1 or shall issue its own final order.
2 (e) If the alleged violation has a substantial adverse
3 effect on the ability of the complainant to provide service
4 to customers, the complainant may include in its complaint a
5 request for an order for emergency relief. The Commission,
6 acting through its designated hearing examiner or arbitrator,
7 shall act upon such a request within 2 business days of the
8 filing of the complaint. An order for emergency relief may
9 be granted, without an evidentiary hearing, upon a verified
10 factual showing that the party seeking relief will likely
11 succeed on the merits, that the party will suffer irreparable
12 harm in its ability to serve customers if emergency relief is
13 not granted, and that the order is in the public interest.
14 An order for emergency relief shall include a finding that
15 the requirements of this subsection have been fulfilled and
16 shall specify the directives that must be fulfilled by the
17 respondent and deadlines for meeting those directives. The
18 decision of the hearing examiner or arbitrator to grant or
19 deny emergency relief shall be considered an order of the
20 Commission unless the Commission enters its own order within
21 2 calendar days of the decision of the hearing examiner or
22 arbitrator. The order for emergency relief may require the
23 responding party to act or refrain from acting so as to
24 protect the provision of competitive service offerings to
25 customers. Any action required by an emergency relief order
26 must be technically feasible and economically reasonable and
27 the respondent must be given a reasonable period of time to
28 comply with the order.
29 (f) The Commission is authorized to obtain outside
30 resources including, but not limited to, arbitrators and
31 consultants for the purposes of the hearings authorized by
32 this Section. Any arbitrator or consultant obtained by the
33 Commission shall be approved by both parties to the hearing.
34 The cost of such outside resources including, but not limited
35 to, arbitrators and consultants shall be borne by the
-8- LRB9000755JSgcccr10
1 parties. The Commission shall review the bill for
2 reasonableness and assess the parties for reasonable costs
3 dividing the costs according to the resolution of the
4 complaint brought under this Section. Such costs shall be
5 paid by the parties directly to the arbitrators, consultants,
6 and other providers of outside resources within 60 days after
7 receiving notice of the assessments from the Commission.
8 Interest at the statutory rate shall accrue after expiration
9 of the 60-day period. The Commission, arbitrators,
10 consultants, or other providers of outside resources may
11 apply to a court of competent jurisdiction for an order
12 requiring payment.
13 (g) The Commission shall assess the parties under this
14 subsection for all of the Commission's costs of investigation
15 and conduct of the proceedings brought under this Section
16 including, but not limited to, the prorated salaries of
17 staff, attorneys, hearing examiners, and support personnel
18 and including any travel and per diem, directly attributable
19 to the complaint brought pursuant to this Section, but
20 excluding those costs provided for in subsection (f),
21 dividing the costs according to the resolution of the
22 complaint brought under this Section. All assessments made
23 under this subsection shall be paid into the Public Utility
24 Fund within 60 days after receiving notice of the assessments
25 from the Commission. Interest at the statutory rate shall
26 accrue after the expiration of the 60 day period. The
27 Commission is authorized to apply to a court of competent
28 jurisdiction for an order requiring payment.
29 (h) If the Commission determines that there is an
30 imminent threat to competition or to the public interest, the
31 Commission may, notwithstanding any other provision of this
32 Act, seek temporary, preliminary, or permanent injunctive
33 relief from a court of competent jurisdiction either prior to
34 or after the hearing.
35 (i) A party shall not bring or defend a proceeding
-9- LRB9000755JSgcccr10
1 brought under this Section or assert or controvert an issue
2 in a proceeding brought under this Section, unless there is a
3 non-frivolous basis for doing so. By presenting a pleading,
4 written motion, or other paper in complaint or defense of the
5 actions or inaction of a party under this Section, a party is
6 certifying to the Commission that to the best of that party's
7 knowledge, information, and belief, formed after a reasonable
8 inquiry of the subject matter of the complaint or defense,
9 that the complaint or defense is well grounded in law and
10 fact, and under the circumstances:
11 (1) it is not being presented to harass the other
12 party, cause unnecessary delay in the provision of
13 competitive telecommunications services to consumers, or
14 create needless increases in the cost of litigation; and
15 (2) the allegations and other factual contentions
16 have evidentiary support or, if specifically so
17 identified, are likely to have evidentiary support after
18 reasonable opportunity for further investigation or
19 discovery as defined herein.
20 (j) If, after notice and a reasonable opportunity to
21 respond, the Commission determines that subsection (i) has
22 been violated, the Commission shall impose appropriate
23 sanctions upon the party or parties that have violated
24 subsection (i) or are responsible for the violation. The
25 sanctions shall be not more than $7,500, plus the amount of
26 expenses accrued by the Commission for conducting the
27 hearing. Payment of sanctions imposed under this subsection
28 shall be made to the Common School Fund within 30 days of
29 imposition of such sanctions.
30 (k) An appeal of a Commission Order made pursuant to
31 this Section shall not effectuate a stay of the Order unless
32 a court of competent jurisdiction specifically finds that the
33 party seeking the stay will likely succeed on the merits,
34 that the party will suffer irreparable harm without the stay,
35 and that the stay is in the public interest.
-10- LRB9000755JSgcccr10
1 (Source: P.A. 90-185, eff. 7-23-97.)
2 (220 ILCS 5/13-505.7 rep.)
3 Section 10. The Public Utilities Act is amended by
4 repealing Section 13-505.7 as added by Public Act 90-185.
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".
7 Submitted on , 1997.
8 ______________________________ _____________________________
9 Senator Mahar Representative Novak
10 ______________________________ _____________________________
11 Senator Rauschenberger Representative Granberg
12 ______________________________ _____________________________
13 Senator Maitland Representative Morrow
14 ______________________________ _____________________________
15 Senator Farley Representative Churchill
16 ______________________________ _____________________________
17 Senator Shaw Representative Persico
18 Committee for the Senate Committee for the House