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[ Senate Amendment 002 ] |
90_SB1567ham001 LRB9010645JSgcam07 1 AMENDMENT TO SENATE BILL 1567 2 AMENDMENT NO. . Amend Senate Bill 1567 on page 1, 3 line 14, by replacing "and" with the following: 4 "or"; and 5 on page 1, line 20, by replacing "A subscriber of a 6 telecommunications carrier" with the following: 7 "A subscriber's presubscription of a primary exchange or 8 interexchange telecommunications carrier"; and 9 on page 2, lines 8 and 9, by replacing "A company or carrier 10 requesting a change in a subscriber's telecommunications 11 carrier" with the following: 12 "A company or telecommunications carrier submitting a change 13 in a subscriber's primary exchange or interexchange 14 telecommunications carrier"; and 15 on page 2, line 21, by replacing "If the company or carrier" 16 with the following: 17 "If the company or telecommunications carrier"; and 18 on page 2, line 26, by replacing "6 days after the carrier 19 requesting a change" with the following: 20 "10 days after the telecommunications carrier submitting the 21 change"; and -2- LRB9010645JSgcam07 1 on page 2, line 27, by replacing "subscriber's 2 telecommunications carrier" with the following: 3 "subscriber's primary exchange or interexchange 4 telecommunications carrier"; and 5 on page 2, line 29, by replacing "6 days after installation" 6 with the following: 7 "10 days after initiation"; and 8 on page 3, lines 2 and 3, by replacing "a change in carrier 9 or the additional telecommunications service" with the 10 following: 11 "a change in the presubscribed telecommunications carrier or 12 of the addition of the telecommunications service"; and 13 on page 3, line 5, by replacing "delete services" with the 14 following: 15 "cancel the change"; and 16 on page 3, line 7, by replacing "If the company or carrier" 17 with the following: 18 "If the company or telecommunications carrier"; and 19 on page 3, line 20, by replacing "service" with the 20 following: 21 "telecommunications services"; and 22 on page 3, lines 27 and 28, by replacing "state to the 23 consumer, and obtain the consumer's assent" with the 24 following: 25 "state to the subscriber, and shall obtain the subscriber's 26 acknowledgment"; and 27 on page 3, line 30, by replacing "numbers" with the 28 following: 29 "telephone numbers"; and 30 on page 3, line 31, by replacing "which services" with the -3- LRB9010645JSgcam07 1 following: 2 "which additional telecommunications services"; and 3 on page 3, lines 33 and 34, by replacing "a previous carrier 4 or adding to the consumer's account" with the following: 5 "the previous presubscribed telecommunications carrier or 6 adding a telecommunications service to the subscriber's 7 account"; and 8 on page 4, by replacing lines 3 through 8 with the following: 9 "(iii) that for each line the subscriber can 10 designate only one presubscribed telecommunications 11 carrier to handle each of the subscriber's local, 12 long distance, or local toll service depending upon 13 which presubscribed telecommunications service or 14 services are being verified; and"; and 15 on page 4, lines 9 and 10, by replacing "imposed for the 16 change of carriers" with the following: 17 "imposed on the subscriber for the change of primary exchange 18 or interexchange telecommunications carriers"; and 19 on page 4, lines 15 and 16, by replacing "carrier requesting 20 a change in the subscriber's telecommunications carrier" with 21 the following: 22 "carrier submitting a change in the subscriber's primary 23 exchange or interexchange telecommunications carrier"; and 24 on page 4, line 18, by replacing "installation" with 25 "initiation"; and 26 on page 4, by replacing lines 20 through 27 with the 27 following: 28 "(D) The telecommunications company or carrier 29 seeking to implement the change in service or additional 30 service may connect the subscriber to the verification 31 agent, provided that all of the requirements for -4- LRB9010645JSgcam07 1 verification by a third party as set forth in this 2 Section are otherwise complied with fully."; and 3 on page 4, lines 29 through 31, by replacing "sales, changes, 4 additions, or authorizations obtained by telemarketing." with 5 the following: 6 "changes to a subscriber's presubscription of a primary 7 exchange or interexchange telecommunications carrier, whether 8 the change was initiated through inbound or outbound 9 telemarketing. Where a subscriber's telecommunications 10 services are changed by the provision of an additional 11 telecommunications service, the verification or notice 12 requirements described in this subsection shall apply if the 13 change was initiated through outbound telemarketing. Where a 14 subscriber's telecommunications services are changed by the 15 provision of an additional telecommunications service and the 16 change was initiated through inbound telemarketing, the 17 telecommunications carrier shall comply with all rules or 18 regulations promulgated by the Federal Communications 19 Commission."; and 20 on page 5, lines 3 and 4, by replacing "that a subscriber of 21 a telecommunications carrier is not switched" with the 22 following: 23 "that the primary exchange or interexchange 24 telecommunications carrier of a subscriber is not changed"; 25 and 26 on page 5, line 9, by replacing "Act" with the following: 27 "Act, or with any rules promulgated by the Federal 28 Communications Commission"; and 29 on page 5, line 11, by replacing "subscriber who has been 30 switched" with the following: 31 "subscriber whose primary exchange or interexchange carrier 32 has been changed"; and -5- LRB9010645JSgcam07 1 on page 5, line 12, by replacing "or has" with the following: 2 "or who has"; and 3 on page 5, line 15, by replacing "subscriber's 4 telecommunications carrier" with the following: 5 "subscriber's primary exchange or interexchange 6 telecommunications carrier"; and 7 on page 5, line 19, by replacing "Remedies agreed to during" 8 with the following: 9 "Remedies in"; and 10 on page 5 by replacing lines 21 through 25 with the 11 following: 12 "the remedies set forth in paragraphs (1) through (5) of this 13 subsection. In its discretion, the Commission may deny the 14 availability of the mediation process and submit the 15 complaint to hearings. If the complaint is not submitted to 16 mediation"; and 17 on page 5, line 27, by replacing "held pursuant" with the 18 following: 19 "held on the complaint pursuant"; and 20 on page 6, line 7, by replacing "paragraph." with the 21 following: 22 "paragraph. The Commission may order the remedial action 23 outlined in this subsection only to the extent that the same 24 remedial action is allowed pursuant to rules or regulations 25 promulgated by the Federal Communications Commission."; and 26 on page 6, lines 8 and 9, by replacing "unauthorized switch 27 to a telecommunications carrier" with the following: 28 "unauthorized change in the primary exchange or interexchange 29 telecommunications carrier"; and 30 on page 6, lines 14 and 15, by replacing "unauthorized switch 31 to a telecommunications carrier" with the following: -6- LRB9010645JSgcam07 1 "unauthorized change in the primary exchange or interexchange 2 telecommunications carrier"; and 3 on page 6, line 19, by replacing "service." with the 4 following: 5 "service. The Commission is authorized to reduce this payment 6 by any amount already paid by the violating 7 telecommunications carrier to the subscriber's chosen 8 telecommunications carrier for those telecommunications 9 services."; and 10 on page 6, lines 26 and 27, by replacing "refund all charges 11 for telecommunications products and services" with the 12 following: 13 "refund or cancel all charges for telecommunications services 14 or products"; and 15 on page 6, line 29, by replacing "Section" with the 16 following: 17 "Section or for intentionally violating a cease and desist 18 order."; and 19 on page 7 by replacing line 8 with the following: 20 "Practices Act is amended by changing Section 2DD and adding 21 Section 2II as follows: 22 (815 ILCS 505/2DD) 23 Sec. 2DD. Telecommunication service provider selection. 24 A telecommunication carrier shall not submit or execute a 25 change in a subscriber's selection of a provider of local 26 exchange telecommunications service or interexchange 27 telecommunications service or provide any additional 28 telecommunications service as defined in Section 13-902 of 29 the Public Utilities Act except in accordance with (i) the 30 verification procedures adopted by the Federal Communications 31 Commission under the Communications Act of 1996, including -7- LRB9010645JSgcam07 1 subpart K of 47 CFR 64, as those procedures are from time to 2 time amended, and (ii) Section 13-902 of the Public 3 Utilities Act and any rules adopted by the Illinois Commerce 4 Commission under the authority of that Section13-902 of the5Public Utilities Act,as those rules are from time to time 6 amended. A telecommunications carrier that violates this 7 Section commits an unlawful practice within the meaning of 8 this Act. 9 (Source: P.A. 89-497, eff. 6-27-96.)".