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90_HB0263enr
220 ILCS 5/9-102 from Ch. 111 2/3, par. 9-102
Amends the Public Utilities Act. Adds a Section caption
relating to the filing of rates and charges.
LRB9000755JSgc
HB0263 Enrolled LRB9000755JSgc
1 AN ACT to amend the Public Utilities Act in relation to
2 telecommunications services.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Public Utilities Act is amended by
6 changing Sections 13-506, 13-509, and 13-515 as follows:
7 (220 ILCS 5/13-506)
8 (Section scheduled to be repealed on July 1, 2001)
9 Sec. 13-506. Tariffs for competitive telecommunications
10 services.
11 (a) Telecommunications carriers may file proposed
12 tariffs for any competitive telecommunications service which
13 includes and specifically describes a range, band, formula,
14 or standard within which or by which a change in rates or
15 charges for such telecommunications service could be made
16 without prior notice or prior Commission approval, provided
17 that any and all rates or charges within the band or range,
18 or determinable by the operation of the formula or standard,
19 are consistent with the public interest and the purpose and
20 policies of this Article and Act, and are likely to remain so
21 for the foreseeable forseeable future. To the extent any
22 proposed band or range encompasses rates or charges which are
23 not consistent with the public interest and the purposes and
24 policies of this Article and Act or otherwise fully proper,
25 or any proposed formula or standard determines rates or
26 charges which are not consistent with the purposes and
27 policies of this Article and Act or otherwise fully proper,
28 the Commission after notice and hearing shall have the power
29 to modify the level, scope, or limits of such band or range,
30 and to modify or limit the operation of such formula or
31 standard, as necessary, to ensure that rates or charges
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1 resulting therefrom are consistent with the purposes and
2 policies of this Article and Act and fully proper, and likely
3 to remain so in the foreseeable forseeable future.
4 (b) The Commission may require a telecommunications
5 carrier to file a variable tariff as described in paragraph
6 (a) for any or all competitive telecommunications services
7 which are offered or provided by such carrier, if the
8 Commission finds, after notice and hearing, that the
9 determination of rates or charges for such service by a
10 tariff would improve the Commission's ability to effectively
11 regulate such rates or charges and that such improvement is
12 required by the public interest. Any such tariff required by
13 the Commission shall be approved only if it is also
14 consistent with the provisions of paragraph (a) of this
15 Section.
16 (c) After When the Commission approves a variable tariff
17 filed, as proposed or modified pursuant to this Section
18 becomes effective, the telecommunications carrier shall place
19 such tariff in effect thereafter and such tariff shall
20 determine the rates and or charges for services according to
21 the provisions thereof.
22 (Source: P.A. 90-185, eff. 7-23-97.)
23 (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
24 (Section scheduled to be repealed on July 1, 2001)
25 Sec. 13-509. Agreements for provisions of competitive
26 telecommunications services differing from tariffs. A
27 telecommunications carrier may negotiate with customers or
28 prospective customers to provide competitive
29 telecommunications service, and in so doing, may offer or
30 agree to provide such service on such terms and for such
31 rates or charges as are reasonable, without regard to any
32 tariffs it may have filed with the Commission with respect to
33 such services. Within 10 business days after executing any
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1 such agreement, the telecommunications carrier shall file any
2 contract or memorandum of understanding for the provision of
3 telecommunications service, which shall include the rates or
4 other charges, practices, rules or regulations applicable to
5 the agreed provision of such service. Any cost support
6 required to be filed with for the agreement by some other
7 Section of this Act shall be filed within 30 calendar days
8 after executing any such agreement. Where the agreement
9 contains the same rates, charges, practices, rules, and
10 regulations found in a single contract or memorandum already
11 filed by the telecommunications carrier with the Commission,
12 instead of filing the contract or memorandum, the
13 telecommunications carrier may elect to file a letter
14 identifying the new agreement and specifically referencing
15 the contract or memorandum already on file with the
16 Commission which contains the same provisions. A single
17 letter may be used to file more than one new agreement. Upon
18 filing its contract or memorandum, or letter, the
19 telecommunications carrier shall thereafter provide service
20 according to the terms thereof, unless the Commission finds,
21 after notice and hearing, that the continued provision of
22 service pursuant to such contract or memorandum would
23 substantially and adversely affect the financial integrity of
24 the telecommunications carrier or would violate any other
25 provision of this Act.
26 Any contract or memorandum entered into and filed
27 pursuant to the provisions of this Section may, in the
28 Commission's discretion, be accorded proprietary treatment.
29 (Source: P.A. 90-185, eff. 7-23-97.)
30 (220 ILCS 5/13-515)
31 (Section scheduled to be repealed on July 1, 2001)
32 Sec. 13-515. Enforcement.
33 (a) The following expedited procedures Commission shall
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1 be used to enforce the provisions of Section 13-514 of this
2 Act except as provided in subsection (b). However, Unless
3 the Commission, the complainant, and the respondent may
4 parties otherwise mutually agree to adjust, the Commission
5 shall use the procedures established set forth in this
6 Section. If the Commission determines, pursuant to
7 subsection (b), that the procedural provisions of this
8 Section do not apply, the complaint shall continue pursuant
9 to the general complaint provisions of Article X for the
10 review of complaints relating to violations of Section
11 13-514.
12 (b) The provisions of this Section shall not apply to an
13 allegation of a violation of item (8) of Section 13-514 by
14 interconnection agreements with a Bell operating company, as
15 defined in Section 3 of the federal Telecommunications Act of
16 1996, unless and until the date such company or its affiliate
17 is authorized to provide inter-LATA services under Section
18 271(d) of the federal Telecommunications that Act of 1996;
19 provided, however, that a complaint setting forth a separate
20 independent basis for a violation of Section 13-514 may
21 proceed under this Section notwithstanding that the alleged
22 acts or omissions may also constitute a violation of item (8)
23 of Section 13-514.
24 (c) No complaint may be filed under this Section until
25 the complainant has first notified the respondent of the
26 alleged violation and offered the respondent 48 hours to
27 correct the situation. Provision of notice and the
28 opportunity to correct the situation creates a rebuttable
29 presumption of knowledge under Section 13-514.
30 (d) A telecommunications carrier may file a complaint
31 with the Commission alleging a violation of Section 13-514 in
32 accordance with this subsection:
33 (1) The complaint shall be filed with the Chief
34 Clerk of the Commission and shall be served in hand upon
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1 the respondent, the executive director, and the general
2 counsel of the Commission at the time of the filing.
3 (2) A complaint filed under this subsection shall
4 include a statement that the requirements of subsection
5 (c) have been fulfilled and that the respondent did not
6 correct the situation as requested.
7 (3) Reasonable discovery specific to the issue of
8 the complaint may commence upon filing of the complaint.
9 Requests for discovery must be served in hand and
10 responses to discovery must be provided in hand to the
11 requester within 14 days after a request for discovery is
12 made.
13 (4) An answer and any other responsive pleading to
14 the complaint shall be filed with the Commission and
15 served in hand at the same time upon the complainant, the
16 executive director, and the general counsel of the
17 Commission within 7 days after the date on which the
18 complaint is filed.
19 (5) If the answer or responsive pleading raises the
20 issue that the complaint violates subsection (i) of this
21 Section, the complainant may file a reply to such
22 allegation within 3 days after actual service of such
23 answer or responsive pleading. Within 4 days after the
24 time for filing a reply has expired, the hearing officer
25 or arbitrator shall either issue a written decision
26 dismissing the complaint as frivolous in violation of
27 subsection (i) of this Section including the reasons for
28 such disposition or shall issue an order directing that
29 the complaint shall proceed. A determination as to
30 reasonable grounds for the complaint and, if appropriate,
31 a directive for legal notice of a hearing shall be made
32 within 3 days after the date on which the answer is
33 filed.
34 (6) A pre-hearing conference shall be held within
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1 14 days after the date on which the complaint is filed.
2 (7) The hearing shall commence within 30 days of
3 the date on which the complaint is filed. The hearing
4 may be conducted by a hearing examiner or by an
5 arbitrator. Parties and the Commission staff shall be
6 entitled to present evidence and legal argument in oral
7 or written form as deemed appropriate by the hearing
8 examiner or arbitrator. The hearing examiner or
9 arbitrator shall issue a written decision within 60 days
10 after the date on which the complaint is filed. The
11 decision shall include reasons for the disposition of the
12 complaint and, if a violation of Section 13-514 is found,
13 directions and a deadline for correction of the
14 violation. The decision of the hearing examiner or
15 arbitrator shall be considered a final order of the
16 Commission after 10 days unless the Commission enters its
17 own final order within 10 days of the decision of the
18 hearing examiner or arbitrator.
19 (8) Any party may file a petition requesting the
20 Commission to review the decision of the hearing examiner
21 or arbitrator within 5 days of such decision. Any party
22 may file a response to a petition for review within 3
23 business days after actual service of the petition.
24 After the time for filing of the petition for review, but
25 no later than 15 days after the decision of the hearing
26 examiner or arbitrator, the Commission shall decide to
27 adopt the decision of the hearing examiner or arbitrator
28 or shall issue its own final order.
29 (e) If the alleged violation has a substantial adverse
30 effect on the ability of the complainant to provide service
31 to customers, the complainant may include in its complaint a
32 request for an order for emergency relief. The Commission,
33 acting through its designated hearing examiner or arbitrator,
34 shall act upon such a request within 2 business days of the
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1 filing of the complaint. An order for emergency relief may
2 be granted, without an evidentiary hearing, upon a verified
3 factual showing that the party seeking relief will likely
4 succeed on the merits, that the party will suffer irreparable
5 harm in its ability to serve customers if emergency relief is
6 not granted, and that the order is in the public interest.
7 An order for emergency relief shall include a finding that
8 the requirements of this subsection have been fulfilled and
9 shall specify the directives that must be fulfilled by the
10 respondent and deadlines for meeting those directives. The
11 decision of the hearing examiner or arbitrator to grant or
12 deny emergency relief shall be considered an order of the
13 Commission unless the Commission enters its own order within
14 2 calendar days of the decision of the hearing examiner or
15 arbitrator. The order for emergency relief may require the
16 responding party to act or refrain from acting so as to
17 protect the provision of competitive service offerings to
18 customers. Any action required by an emergency relief order
19 must be technically feasible and economically reasonable and
20 the respondent must be given a reasonable period of time to
21 comply with the order.
22 (f) The Commission is authorized to obtain outside
23 resources including, but not limited to, arbitrators and
24 consultants for the purposes of the hearings authorized by
25 this Section. Any arbitrator or consultant obtained by the
26 Commission shall be approved by both parties to the hearing.
27 The cost of such outside resources including, but not limited
28 to, arbitrators and consultants shall be borne by the
29 parties. The Commission shall review the bill for
30 reasonableness and assess the parties for reasonable costs
31 dividing the costs according to the resolution of the
32 complaint brought under this Section. Such costs shall be
33 paid by the parties directly to the arbitrators, consultants,
34 and other providers of outside resources within 60 days after
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1 receiving notice of the assessments from the Commission.
2 Interest at the statutory rate shall accrue after expiration
3 of the 60-day period. The Commission, arbitrators,
4 consultants, or other providers of outside resources may
5 apply to a court of competent jurisdiction for an order
6 requiring payment.
7 (g) The Commission shall assess the parties under this
8 subsection for all of the Commission's costs of investigation
9 and conduct of the proceedings brought under this Section
10 including, but not limited to, the prorated salaries of
11 staff, attorneys, hearing examiners, and support personnel
12 and including any travel and per diem, directly attributable
13 to the complaint brought pursuant to this Section, but
14 excluding those costs provided for in subsection (f),
15 dividing the costs according to the resolution of the
16 complaint brought under this Section. All assessments made
17 under this subsection shall be paid into the Public Utility
18 Fund within 60 days after receiving notice of the assessments
19 from the Commission. Interest at the statutory rate shall
20 accrue after the expiration of the 60 day period. The
21 Commission is authorized to apply to a court of competent
22 jurisdiction for an order requiring payment.
23 (h) If the Commission determines that there is an
24 imminent threat to competition or to the public interest, the
25 Commission may, notwithstanding any other provision of this
26 Act, seek temporary, preliminary, or permanent injunctive
27 relief from a court of competent jurisdiction either prior to
28 or after the hearing.
29 (i) A party shall not bring or defend a proceeding
30 brought under this Section or assert or controvert an issue
31 in a proceeding brought under this Section, unless there is a
32 non-frivolous basis for doing so. By presenting a pleading,
33 written motion, or other paper in complaint or defense of the
34 actions or inaction of a party under this Section, a party is
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1 certifying to the Commission that to the best of that party's
2 knowledge, information, and belief, formed after a reasonable
3 inquiry of the subject matter of the complaint or defense,
4 that the complaint or defense is well grounded in law and
5 fact, and under the circumstances:
6 (1) it is not being presented to harass the other
7 party, cause unnecessary delay in the provision of
8 competitive telecommunications services to consumers, or
9 create needless increases in the cost of litigation; and
10 (2) the allegations and other factual contentions
11 have evidentiary support or, if specifically so
12 identified, are likely to have evidentiary support after
13 reasonable opportunity for further investigation or
14 discovery as defined herein.
15 (j) If, after notice and a reasonable opportunity to
16 respond, the Commission determines that subsection (i) has
17 been violated, the Commission shall impose appropriate
18 sanctions upon the party or parties that have violated
19 subsection (i) or are responsible for the violation. The
20 sanctions shall be not more than $7,500, plus the amount of
21 expenses accrued by the Commission for conducting the
22 hearing. Payment of sanctions imposed under this subsection
23 shall be made to the Common School Fund within 30 days of
24 imposition of such sanctions.
25 (k) An appeal of a Commission Order made pursuant to
26 this Section shall not effectuate a stay of the Order unless
27 a court of competent jurisdiction specifically finds that the
28 party seeking the stay will likely succeed on the merits,
29 that the party will suffer irreparable harm without the stay,
30 and that the stay is in the public interest.
31 (Source: P.A. 90-185, eff. 7-23-97.)
32 (220 ILCS 5/13-505.7 rep.)
33 Section 10. The Public Utilities Act is amended by
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1 repealing Section 13-505.7 as added by Public Act 90-185.
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.