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90_SB0949
220 ILCS 5/13-101 from Ch. 111 2/3, par. 13-101
220 ILCS 5/13-901 from Ch. 111 2/3, par. 13-901
Amends the Public Utilities Act. Makes the Commission's
authority to promulgate certain kinds of rules also apply to
competitive telecommunications rates and services. The
affected subjects include: standards for the accuracy and
measurement of the services provided; health and safety
standards for employees, customers and the general public;
and the payment of refunds and interest on overcharges.
Changes the date that provisions concerning operator service
providers shall be repealed from July 1, 1997 to July 1,
1999. Effective immediately.
LRB9001713LDdv
LRB9001713LDdv
1 AN ACT to amend the Public Utilities Act by changing
2 Sections 13-101 and 13-901.
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 13-101 and 13-901 as follows:
7 (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
8 (This Section is scheduled to be repealed July 1, 1999.)
9 Sec. 13-101. Except to the extent modified or
10 supplemented by the specific provisions of this Article, the
11 Sections of this Act pertaining to public utilities, public
12 utility rates and services, and the regulation thereof, are
13 fully and equally applicable to noncompetitive
14 telecommunications rates and services, and the regulation
15 thereof, except where the context clearly renders such
16 provisions inapplicable. Except to the extent modified or
17 supplemented by the specific provisions of this Article,
18 Articles I through V, Sections 8-301, 8-505, 9-221, 9-222,
19 9-222.1, 9-222.2, and 9-250, and 9-252, and Articles X and XI
20 of this Act are fully and equally applicable to competitive
21 telecommunications rates and services, and the regulation
22 thereof.
23 (Source: P.A. 86-101.)
24 (220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
25 (This Section is scheduled to be repealed July 1, 1997.)
26 Sec. 13-901. Operator Service Provider.
27 (a) For the purposes of this Section:
28 (1) "Operator service provider" means every
29 telecommunications carrier that provides operator
30 services or any other person or entity that the
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1 Commission determines is providing operator services.
2 (2) "Aggregator" means any person or entity that is
3 not an operator service provider and that in the ordinary
4 course of its operations makes telephones available to
5 the public or to transient users of its premises
6 including, but not limited to, a hotel, motel, hospital,
7 or university for telephone calls between points within
8 this State that are specified by the user using an
9 operator service provider.
10 (3) "Operator services" means any
11 telecommunications service that includes, as a component,
12 any automatic or live assistance to a consumer to arrange
13 for billing or completion, or both, of a telephone call
14 between points within this State that are specified by
15 the user through a method other than:
16 (A) automatic completion with billing to the
17 telephone from which the call originated;
18 (B) completion through an access code or a
19 proprietory account number used by the consumer,
20 with billing to an account previously established
21 with the carrier by the consumer; or
22 (C) completion in association with directory
23 assistance services.
24 (b) The Commission shall, by rule or order, adopt and
25 enforce operating requirements for the provision of
26 operator-assisted services. The rules shall apply to operator
27 service providers and to aggregators. The rules shall be
28 compatible with the rules adopted by the Federal
29 Communications Commission under the federal Telephone
30 Operator Consumer Services Improvement Act of 1990. These
31 requirements shall address, but not necessarily be limited
32 to, the following:
33 (1) oral and written notification of the identity
34 of the operator service provider and the availability of
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1 information regarding operator service provider rates,
2 collection methods, and complaint resolution methods;
3 (2) restrictions on billing and charges for
4 operator services;
5 (3) restrictions on "call splashing" as that term
6 is defined in 47 C.F.R. Section 64.708;
7 (4) access to other telecommunications carriers by
8 the use of 800, 950, and 10XXX numbers;
9 (5) the appropriate routing and handling of
10 emergency calls;
11 (6) the enforcement of these rules through tariffs
12 for operator services and by a requirement that operator
13 service providers withhold payment of compensation to
14 aggregators that have been found to be noncomplying by
15 the Commission.
16 (c) The Commission shall adopt any rule necessary to
17 make rules previously adopted under this Section compatible
18 with the rules of the Federal Communications Commission no
19 later than one year after the effective date of this
20 amendatory Act of 1993.
21 (d) A violation of any rule adopted by the Commission
22 under subsection (b) is a business offense subject to a fine
23 of not less than $1,000 nor more than $5,000. In addition,
24 the Commission may, after notice and hearing, order any
25 telecommunications carrier to terminate service to any
26 aggregator found to have violated any rule.
27 (e) This Section is repealed on July 1, 1999 1997.
28 (Source: P.A. 88-382.)
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.