State of Illinois
92nd General Assembly
Legislation

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92_HB0492

 
                                              LRB9203638JStmA

 1        AN ACT relating to telecommunications.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Telephone  Company  Act  is  amended  by
 5    changing Section 4 as follows:

 6        (220 ILCS 65/4) (from Ch. 134, par. 20)
 7        Sec.  4. Right of condemnation.  Every telecommunications
 8    telecommunciations    carrier    as    defined     in     the
 9    Telecommunications  Municipal  Infrastructure Maintenance Fee
10    Act may, when it shall be  necessary  for  the  construction,
11    maintenance,     alteration     or     extension    of    its
12    telecommunications system, or any part thereof,  enter  upon,
13    take  or  damage  private property in the manner provided for
14    in, and the compensation therefor shall  be  ascertained  and
15    made in conformity to the provisions of the Telegraph Act and
16    every  telecommunications carrier is authorized to construct,
17    maintain, alter  and  extend  its  poles,  wires,  and  other
18    appliances  as  a  proper use of highways, along, upon, under
19    and across any highway, street,  alley,  public  right-of-way
20    dedicated  or commonly used for utility purposes, or water in
21    this State, but so as not to incommode the public in the  use
22    thereof:  Provided,  that nothing in this act shall interfere
23    with the control now vested in cities, incorporated towns and
24    villages in relation to the regulation of the  poles,  wires,
25    cables  and  other  appliances, and provided, that before any
26    such lines shall  be  constructed  along  any  such  highway,
27    street, alley, public right-of-way dedicated or commonly used
28    for  utility  purposes,  or water it shall be the duty of the
29    telecommunications carrier proposing to  construct  any  such
30    line,   to  give  (in  the  case  of  cities,  villages,  and
31    incorporated towns)  to  the  corporate  authorities  of  the
 
                            -2-               LRB9203638JStmA
 1    municipality   or  their  designees  (hereinafter,  municipal
 2    corporate authorities) or (in other  cases)  to  the  highway
 3    commissioners  having  jurisdiction and control over the road
 4    or part thereof along and over which such line is proposed to
 5    be constructed, notice in  writing  in  the  form  of  plans,
 6    specifications,   and   documentation   of  the  purpose  and
 7    intention of the company to  construct  such  line  over  and
 8    along   the   highway,  street,  alley,  public  right-of-way
 9    dedicated or commonly used for utility  purposes,  or  water,
10    which notice shall be served at least 10 days before the line
11    shall  be  placed  or constructed over and along the highway,
12    street, alley, public right-of-way dedicated or commonly used
13    for utility purposes, or water (30 days in the  case  of  any
14    notice  providing for excavation relating to new construction
15    in a  public  highway,  street,  alley,  public  right-of-way
16    dedicated  or  commonly used for utility purposes, or water);
17    and upon the giving of the notice it shall be the duty of the
18    municipal corporate authorities or the highway  commissioners
19    to specify the portion of such highway, street, alley, public
20    right-of-way dedicated or commonly used for utility purposes,
21    or  water  upon  which  the  line  may  be  placed, used, and
22    constructed, and it  shall  thereupon  be  the  duty  of  the
23    telecommunications   retailer   to   provide   the  municipal
24    authorities or highway commissioners with any and all  plans,
25    specifications,  and documentation available and to construct
26    its line in accordance with such specifications; but  in  the
27    event that the municipal corporate authorities or the highway
28    commissioners  fail  to  provide such specification within 10
29    days after the service of such notice, (25 days in  the  case
30    of   excavation   relating  to  new  construction)  then  the
31    telecommunications  retailer,  without   such   specification
32    having  been  made,  may  proceed to place and erect its line
33    along  the  highway,  street,  alley,   public   right-of-way
34    dedicated  or commonly used for utility purposes, or water by
 
                            -3-               LRB9203638JStmA
 1    placing its posts, poles and abutments so as not to interfere
 2    with other proper uses of the highway, street, alley,  public
 3    right-of-way dedicated or commonly used for utility purposes,
 4    or   water.   The  telecommunications  carrier  proposing  to
 5    construct any such line shall comply with the  provisions  of
 6    Section  9--113  of the Illinois Highway Code. Provided, that
 7    the telecommunications carrier shall not have  the  right  to
 8    condemn  any  portion  of  the  right-of-way  of any railroad
 9    company except as much thereof as is necessary to  cross  the
10    same.
11        The  Illinois  Commerce  Commission  may adopt reasonable
12    rules governing the negotiation procedures that are used by a
13    telecommunications     carrier     during     precondemnation
14    negotiations for the purchase  of    land  rights-of-way  and
15    easements,  including procedures for providing information to
16    the public and affected landowners concerning the project and
17    the right-of-way easements sought in connection therewith.
18        Such  rules  may  be  made  applicable   to   interstate,
19    competitive    intrastate   and   noncompetitive   intrastate
20    facilities, without regard to whether such facilities or  the
21    telecommunications carrier proposing to construct and operate
22    them  would  otherwise  be  subject  to the Illinois Commerce
23    Commission's jurisdiction under the Public Utilities Act,  as
24    now  or  hereafter amended. However, as to facilities used to
25    provide  exclusively  interstate  services   or   competitive
26    intrastate  services or both, nothing in this Section confers
27    any power upon the Commission (i) to require  the  disclosure
28    of  proprietary, competitively sensitive, or cost information
29    or information not known to the  telecommunications  carrier,
30    (ii)  to  determine  whether,  or  conduct hearings regarding
31    whether, any proposed fiber optic or other facilities  should
32    or  should  not  be  constructed  and  operated,  or (iii) to
33    determine or specify, or  conduct  hearings  concerning,  the
34    price  or  other  terms  or conditions of the purchase of the
 
                            -4-               LRB9203638JStmA
 1    right-of-way easements sought.  With  respect  to  facilities
 2    used  to  provide  any  intrastate services classified in the
 3    condemnor's tariff as noncompetitive under Section 13-502  of
 4    the  Public  Utilities  Act,  the rulemaking powers conferred
 5    upon the Commission under this Section are in addition to any
 6    rulemaking powers arising under the Public Utilities Act.
 7        No telecommunications carrier shall exercise the power to
 8    condemn private property until  it  has  first  substantially
 9    complied  with such rules with respect to the property sought
10    to be condemned.  If such rules call for providing notice  or
11    information  before  or  during  negotiations,  a  failure to
12    provide such notice or information  shall  not  constitute  a
13    waiver  of  the  rights  granted  in  this  Section,  but the
14    telecommunications carrier shall be liable for all reasonable
15    attorney's  fees  of  that  landowner  resulting  from   such
16    failure.
17    (Source: P.A. 90-154, eff. 1-1-98.)

18        Section  10.  The  Public  Utilities  Act  is  amended by
19    changing Sections 4-402, 5-104, 5-109, 8-406,  8-509,  9-201,
20    10-101,  10-103,  10-108,  13-100,  13-101,  13-102,  13-103,
21    13-203,  13-204,  13-301,  13-301.1,  13-302, 13-401, 13-402,
22    13-404, 13-406, 13-501, 13-504, 13-505.2, 13-505.3, 13-505.4,
23    13-505.6, 13-505.7, 13-506.1, 13-508, 13-512, 13-703, 13-803,
24    and 13-901, and adding Sections 10-101.5,  10-103.5,  10-114,
25    13-203.5, 13-300, 13-303, and 13-304 as follows:

26        (220 ILCS 5/4-402) (from Ch. 111 2/3, par. 4-402)
27        Sec.  4-402.  Pending  action;  effect of amendatory Act.
28    This amendatory Act of 1985 shall not affect pending  actions
29    or  proceedings,  civil  or  criminal,  in any court or other
30    tribunal brought by or against the People  of  the  State  of
31    Illinois  or the Illinois Commerce Commission or by any other
32    person, firm or corporation under the provisions of this  Act
 
                            -5-               LRB9203638JStmA
 1    or  any  other  Act  establishing  or conferring power on the
 2    Commission,  nor  abate  any   causes   of   action   arising
 3    thereunder,  but  the  same may be instituted, prosecuted and
 4    defended with the same effect as though this  amendatory  Act
 5    had   not   been   passed.   Any  investigation,  hearing  or
 6    proceeding, instituted or conducted by the  Commission  prior
 7    to  the  taking  effect  of  this  amendatory  Act  shall  be
 8    conducted  and  continued  to  a  final  determination by the
 9    Commission with the same effect as if this amendatory Act had
10    not been passed.
11        All findings, orders, decisions, rules,  and  regulations
12    issued   or   promulgated   by   the  Commission  in  pending
13    proceedings or in proceedings in which a final order has been
14    issued under this  Act  or  any  other  Act  establishing  or
15    conferring  power  on the Commission, shall continue in force
16    only to the extent consistent with this amendatory Act of the
17    92nd General Assembly.; and  the  Commission  hereby  created
18    shall  have all powers with respect to said findings, orders,
19    decisions, rules and regulations  as  though  said  findings,
20    orders,  decisions,  rules  and  regulations  had  been made,
21    issued or promulgated by the Commission under this amendatory
22    Act. Notwithstanding the provisions of  this  Section,  where
23    applicable,  The Commission shall amend its findings, orders,
24    decisions, rules, and regulations in pending  proceedings  or
25    in  proceedings  in  which  a  final order has been issued to
26    conform to the provisions of this amendatory Act of the  92nd
27    General  Assembly  as soon as practicable after the effective
28    date of this amendatory Act.
29    (Source: P.A. 84-617.)

30        (220 ILCS 5/5-104) (from Ch. 111 2/3, par. 5-104)
31        Sec. 5-104. Depreciation accounts.
32        (a)  The Commission shall have power, after  hearing,  to
33    require  any  or  all public utilities and telecommunications
 
                            -6-               LRB9203638JStmA
 1    carriers as defined by Section 13-202, except electric public
 2    utilities, to keep such accounts as will  adequately  reflect
 3    depreciation,  obsolescence and the progress of the arts. The
 4    Commission may, from time to time,  ascertain  and  determine
 5    and by order fix the proper and adequate rate of depreciation
 6    of  the  several classes of property for each public utility;
 7    and  each  public  utility  shall  conform  its  depreciation
 8    accounts to the rates so ascertained, determined and fixed.
 9        (b)  The Commission shall have the power, after  hearing,
10    to  require any or all electric public utilities to keep such
11    accounts   as   will   adequately    reflect    depreciation,
12    obsolescence,  and  the progress of the arts.  The Commission
13    may, from time to time, ascertain and determine and by  order
14    fix  the  proper  and  adequate  rate  of depreciation of the
15    several classes of property for each electric public utility;
16    and each electric public  utility  shall  thereafter,  absent
17    further  order  of  the  Commission, conform its depreciation
18    accounts to the rates so ascertained,  determined  and  fixed
19    until  at  least  the  end  of  the  first full calendar year
20    following the date of such determination.
21        (c)  A telecommunications carrier and an electric  public
22    utility  may  from  time  to  time  alter the annual rates of
23    depreciation, which for purposes of this subsection  (c)  and
24    subsection (d) shall include amortization, that it applies to
25    its  several  classes  of  assets  so  long  as the rates are
26    consistent with generally accepted accounting principles.   A
27    telecommunications carrier and an The electric public utility
28    shall  file  a  statement with the Commission which shall set
29    forth the new rates of depreciation and which shall contain a
30    certification by an independent certified  public  accountant
31    that  the  new  rates  of  depreciation  are  consistent with
32    generally accepted accounting principles.  Upon the filing of
33    such statement, the new rates of depreciation shall be deemed
34    to be approved by the Commission as the rates of depreciation
 
                            -7-               LRB9203638JStmA
 1    to be applied thereafter by the public utility as  though  an
 2    order had been entered pursuant to subsection (b).
 3        (d)  In  any  proceeding  conducted  pursuant  to Section
 4    9-201 or 9-202 to set an electric public utility's rates  for
 5    service,   the  Commission  may  determine  not  to  use,  in
 6    determining the depreciation expense component of the  public
 7    utility's  rates  for  service,  the  rates  of  depreciation
 8    established  pursuant to subsection (c), if the Commission in
 9    that proceeding finds based  on  the  record  that  different
10    rates  of  depreciation  are  required  to adequately reflect
11    depreciation, obsolescence and the progress of the arts,  and
12    fixes  by  order and uses for purposes of that proceeding new
13    rates of  depreciation  to  be  thereafter  employed  by  the
14    electric  public  utility  until  the  end  of the first full
15    calendar year following the date  of  the  determination  and
16    thereafter until altered in accordance with subsection (b) or
17    (c) of this Section.
18    (Source: P.A. 90-561, eff. 12-16-97.)

19        (220 ILCS 5/5-109) (from Ch. 111 2/3, par. 5-109)
20        Sec.  5-109.  Reports  by  public  utilities.  Except for
21    telecommunication carriers as defined by  Section  13-202,  a
22    Each  public  utility in the State shall each year furnish to
23    the Commission, in such form as the Commission shall require,
24    annual reports as to all the items mentioned in the preceding
25    sections of this article, and in addition such  other  items,
26    whether  of  a  nature similar to those therein enumerated or
27    otherwise, as  the  Commission  may  prescribe.  Such  annual
28    reports  shall  contain  all the required information for the
29    period to twelve months ending on the thirtieth day  of  June
30    in  each  year, or ending on the thirty-first day of December
31    in each year, as the Commission may by  order  prescribe  for
32    each  class  of public utilities, and shall be filed with the
33    Commission at its office in Springfield within  three  months
 
                            -8-               LRB9203638JStmA
 1    after the close of the year for which the report is made. The
 2    Commission shall have authority to require any public utility
 3    to  file  monthly  reports  of  earnings and expenses of such
 4    utility, and to file other periodical  or  special,  or  both
 5    periodical  and  special  reports concerning any matter about
 6    which the Commission is authorized  by  law  to  keep  itself
 7    informed. All reports shall be under oath.
 8        When  any  report is erroneous or defective or appears to
 9    the Commission to be erroneous or defective,  the  Commission
10    may  notify  the  public  utility to amend such report within
11    thirty days, and before or  after  the  termination  of  such
12    period  the  Commission  may examine the officers, agents, or
13    employees, and books,  records,  accounts,  vouchers,  plant,
14    equipment  and  property  of such public utility, and correct
15    such items  in  the  report  as  upon  such  examination  the
16    Commission may find defective or erroneous.
17        All  reports made to the Commission by any public utility
18    and the contents thereof shall be open to public  inspection,
19    unless  otherwise  ordered  by  the  Commission. Such reports
20    shall be preserved in the office of the Commission.
21        Any public utility which  fails  to  make  and  file  any
22    report   called   for  by  the  Commission  within  the  time
23    specified;  or  to  make  specific  answer  to  any  question
24    propounded by the Commission within thirty days from the time
25    it is lawfully required to do  so,  or  within  such  further
26    time,  not to exceed ninety days, as may in its discretion be
27    allowed by the Commission, shall forfeit up to $100 for  each
28    and every day it may so be in default if the utility collects
29    less  than  $100,000  annually  in  gross revenue; and if the
30    utility collects $100,000 or more annually in gross  revenue,
31    it shall forfeit $100 per day for each and every day it is in
32    default.
33        Any  person who wilfully makes any false return or report
34    to the Commission, or to  any  member,  officer  or  employee
 
                            -9-               LRB9203638JStmA
 1    thereof,  and  any person who aids or abets such person shall
 2    be guilty of a Class A misdemeanor.
 3    (Source: P.A. 84-617.)

 4        (220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
 5        Sec.  8-406.   Certificate  of  public  convenience   and
 6    necessity.
 7        (a)  No  public  utility  not  owning any city or village
 8    franchise nor engaged in performing any public service or  in
 9    furnishing  any  product or commodity within this State as of
10    July 1, 1921 and  not  possessing  a  certificate  of  public
11    convenience   and   necessity   from  the  Illinois  Commerce
12    Commission, the State Public  Utilities   Commission  or  the
13    Public  Utilities Commission, at the time this amendatory Act
14    of 1985 goes into effect, shall transact any business in this
15    State until it shall have obtained  a  certificate  from  the
16    Commission  that public convenience and necessity require the
17    transaction of such business.  Article XIII shall govern  the
18    issuance of certificates in this State for telecommunications
19    carriers to provide telecommunications services.
20        (b)  No  public  utility  shall begin the construction of
21    any new plant, equipment, property or facility which  is  not
22    in substitution of any existing plant, equipment, property or
23    facility  or  any  extension  or  alteration  thereof  or  in
24    addition  thereto,  unless  and  until it shall have obtained
25    from the Commission a certificate that public convenience and
26    necessity require such construction. Whenever after a hearing
27    the Commission determines that any new  construction  or  the
28    transaction  of any business by a public utility will promote
29    the public convenience and is  necessary  thereto,  it  shall
30    have  the  power  to issue certificates of public convenience
31    and necessity. The Commission shall determine  that  proposed
32    construction   will   promote   the  public  convenience  and
33    necessity only if the  utility  demonstrates:  (1)  that  the
 
                            -10-              LRB9203638JStmA
 1    proposed  construction  is  necessary  to  provide  adequate,
 2    reliable,  and  efficient service to its customers and is the
 3    least-cost means of  satisfying  the  service  needs  of  its
 4    customers;  (2)  that  the  utility is capable of efficiently
 5    managing and supervising the  construction  process  and  has
 6    taken  sufficient  action  to  ensure  adequate and efficient
 7    construction  and  supervision  thereof;  and  (3)  that  the
 8    utility is capable of  financing  the  proposed  construction
 9    without  significant  adverse  financial consequences for the
10    utility or its customers.
11        (c)  After the effective date of this amendatory  Act  of
12    1987, no construction shall commence on any new nuclear power
13    plant  to be located within this State, and no certificate of
14    public convenience and necessity or other authorization shall
15    be issued therefor by the Commission, until the  Director  of
16    the  Illinois  Environmental Protection Agency finds that the
17    United States Government, through its authorized agency,  has
18    identified  and  approved  a demonstrable technology or means
19    for the disposal of high level nuclear waste, or  until  such
20    construction  has  been  specifically  approved  by a statute
21    enacted by the General Assembly.
22        As used in this Section, "high level nuclear waste" means
23    those aqueous wastes resulting  from  the  operation  of  the
24    first  cycle  of  the solvent extraction system or equivalent
25    and the concentrated  wastes  of  the  subsequent  extraction
26    cycles   or   equivalent   in  a  facility  for  reprocessing
27    irradiated  reactor  fuel  and  shall  include   spent   fuel
28    assemblies prior to fuel reprocessing.
29        (d)  In  making  its  determination, the Commission shall
30    attach primary weight to the cost  or  cost  savings  to  the
31    customers  of the utility. The Commission may consider any or
32    all factors which will  or  may  affect  such  cost  or  cost
33    savings.
34        (e)  The  Commission  may  issue  a temporary certificate
 
                            -11-              LRB9203638JStmA
 1    which shall remain in force not to exceed one year  in  cases
 2    of emergency, to assure maintenance of adequate service or to
 3    serve   particular  customers,  without  notice  or  hearing,
 4    pending  the  determination   of   an   application   for   a
 5    certificate,   and   may   by   regulation  exempt  from  the
 6    requirements of this Section temporary acts or operations for
 7    which the issuance of a certificate will not be  required  in
 8    the public interest.
 9        A  public utility shall not be required to obtain but may
10    apply for and obtain a certificate of public convenience  and
11    necessity pursuant to this Section with respect to any matter
12    as to which it has received the authorization or order of the
13    Commission  under  the  Electric  Supplier  Act, and any such
14    authorization or  order  granted  a  public  utility  by  the
15    Commission  under  that Act shall as between public utilities
16    be deemed to be, and shall have except as  provided  in  that
17    Act  the  same  force  and effect as, a certificate of public
18    convenience and necessity issued pursuant to this Section.
19        No electric cooperative shall be made or shall  become  a
20    party  to  or  shall  be entitled to be heard or to otherwise
21    appear or participate in any proceeding initiated under  this
22    Section  for authorization of power plant construction and as
23    to matters as to  which  a  remedy  is  available  under  The
24    Electric Supplier Act.
25        (f)  Such  certificates may be altered or modified by the
26    Commission, upon its own motion or upon  application  by  the
27    person  or  corporation  affected.  Unless exercised within a
28    period of 2 years from the grant thereof authority  conferred
29    by  a  certificate of convenience and necessity issued by the
30    Commission shall be null and void.
31        No certificate of public convenience and necessity  shall
32    be   construed   as  granting  a  monopoly  or  an  exclusive
33    privilege, immunity or franchise.
34    (Source: P.A. 90-561, eff. 12-16-97.)
 
                            -12-              LRB9203638JStmA
 1        (220 ILCS 5/8-509) (from Ch. 111 2/3, par. 8-509)
 2        Sec. 8-509. When necessary for the  construction  of  any
 3    alterations,  additions,  extensions, or improvements ordered
 4    or authorized under Section 8-503 or 12-218 of this Act,  any
 5    public  utility  may  enter  upon,  take  or  damage  private
 6    property  in  the  manner  provided for by the law of eminent
 7    domain.
 8        This Section applies to the exercise  of  eminent  domain
 9    powers  by telephone companies or telecommunications carriers
10    only when the facilities to be constructed are intended to be
11    used in whole or in part for providing one or more intrastate
12    noncompetitive  telecommunications  services  classified   as
13    "noncompetitive"  under  Section  13-502 in a tariff filed by
14    the condemnor.  The exercise  of  eminent  domain  powers  by
15    telephone  companies  or  telecommunications  carriers in all
16    other cases shall be governed solely by "An Act  relating  to
17    the  powers,  duties  and  property  of telephone companies",
18    approved May 16, 1903, as now or hereafter amended.
19    (Source: P.A. 86-221.)

20        (220 ILCS 5/9-201) (from Ch. 111 2/3, par. 9-201)
21        Sec. 9-201.  Rate changes.
22        (a)  Unless the Commission otherwise orders,  and  except
23    as  otherwise  provided  in  this Section, no change shall be
24    made by any public utility in any rate  or  other  charge  or
25    classification,  or  in  any  rule,  regulation,  practice or
26    contract relating to or affecting any rate or  other  charge,
27    classification  or  service, or in any privilege or facility,
28    except after 30 45 days' notice to the Commission and to  the
29    public  as  herein  provided.   Such notice shall be given by
30    filing with  the  Commission  and  keeping  open  for  public
31    inspection  new  schedules or supplements stating plainly the
32    change or changes to be made in  the  schedule  or  schedules
33    then  in  force, and the time when the change or changes will
 
                            -13-              LRB9203638JStmA
 1    go into effect, and by publication in a newspaper of  general
 2    circulation  or such other notice to persons affected by such
 3    change as may be prescribed by rule of the  Commission.   The
 4    Commission,  for  good cause shown, may allow changes without
 5    requiring the 30 45 days' notice herein provided for,  by  an
 6    order  specifying the changes so to be made and the time when
 7    they shall take effect and the manner in which they shall  be
 8    filed and published.
 9        When  any change is proposed in any rate or other charge,
10    or classification, or in any rule, regulation,  practice,  or
11    contract  relating  to or affecting any rate or other charge,
12    classification or service, or in any privilege  or  facility,
13    such  proposed  change  shall be plainly indicated on the new
14    schedule filed with the Commission, by some character  to  be
15    designated   by  the  Commission,  immediately  preceding  or
16    following the item.
17        When any public utility providing water or sewer  service
18    proposes   any  change  in  any  rate  or  other  charge,  or
19    classification, or in  any  rule,  regulation,  practice,  or
20    contract  relating  to or affecting any rate or other charge,
21    classification or service, or in any privilege  or  facility,
22    such   utility   shall,  in  addition  to  the  other  notice
23    requirements of this Act, provide notice of  such  change  to
24    all  customers potentially affected by including a notice and
25    description of such change, and of Commission procedures  for
26    intervention,  in  the  first bill sent to each such customer
27    after the filing of the proposed change.
28        (b)  Whenever there shall be filed  with  the  Commission
29    any  schedule  stating  an  individual or joint rate or other
30    charge,   classification,   contract,   practice,   rule   or
31    regulation, the Commission shall have power, and it is hereby
32    given authority,  either  upon  complaint  or  upon  its  own
33    initiative  without  complaint, at once, and if it so orders,
34    without answer or other formal pleadings  by  the  interested
 
                            -14-              LRB9203638JStmA
 1    public  utility  or utilities, but upon reasonable notice, to
 2    enter upon a hearing concerning the propriety of such rate or
 3    other charge, classification,  contract,  practice,  rule  or
 4    regulation,  and  pending  the  hearing and decision thereon,
 5    such  rate  or  other   charge,   classification,   contract,
 6    practice,  rule  or regulation shall not go into effect.  The
 7    period  of  suspension  of  such  rate   or   other   charge,
 8    classification,  contract, practice, rule or regulation shall
 9    not extend more than 105 days beyond the time when such  rate
10    or  other charge, classification, contract, practice, rule or
11    regulation  would  otherwise  go  into  effect   unless   the
12    Commission,   in   its  discretion,  extends  the  period  of
13    suspension for a further period not exceeding 6 months.
14        All rates or other charges,  classifications,  contracts,
15    practices,  rules  or  regulations not so suspended shall, on
16    the expiration of 30 45 days from the time of filing the same
17    with the Commission, or of such lesser time as the Commission
18    may  grant,  go  into  effect  and  be  the  established  and
19    effective rates or other charges, classifications, contracts,
20    practices, rules and regulations, subject to the power of the
21    Commission, after a hearing had on its  own  motion  or  upon
22    complaint, as herein provided, to alter or modify the same.
23        Within 30 days after such changes have been authorized by
24    the  Commission, copies of the new or revised schedules shall
25    be posted or filed in accordance with the  terms  of  Section
26    9-103 of this Act, in such a manner that all changes shall be
27    plainly indicated.
28        (c)  If  the  Commission enters upon a hearing concerning
29    the  propriety  of  any  proposed  rate  or   other   charge,
30    classification,  contract,  practice, rule or regulation, the
31    Commission  shall  establish  the  rates  or  other  charges,
32    classifications, contracts, practices, rules  or  regulations
33    proposed,  in  whole  or  in part, or others in lieu thereof,
34    which it shall find  to  be  just  and  reasonable.  In  such
 
                            -15-              LRB9203638JStmA
 1    hearing,  the  burden  of proof to establish the justness and
 2    reasonableness  of  the  proposed  rates  or  other  charges,
 3    classifications, contracts, practices, rules or  regulations,
 4    in  whole and in part, shall be upon the utility.  No rate or
 5    other charge, classification,  contract,  practice,  rule  or
 6    regulation  shall  be  found just and reasonable unless it is
 7    consistent with Sections of this Article.
 8    (Source: P.A. 84-617.)

 9        (220 ILCS 5/10-101) (from Ch. 111 2/3, par. 10-101)
10        Sec.   10-101.  Investigations   and    hearings.     The
11    Commission,   or   any   commissioner   or  hearing  examiner
12    designated by  the  Commission,  shall  have  power  to  hold
13    investigations, inquiries and hearings concerning any matters
14    covered  by  the provisions of this Act, or by any other Acts
15    relating to  public  utilities  subject  to  such  rules  and
16    regulations  as the Commission may establish.  In the conduct
17    of any investigation, inquiry or hearing  the  provisions  of
18    the  Illinois Administrative Procedure Act, including but not
19    limited to Sections 10-25 and 10-35 of  that  Act,  shall  be
20    applicable  and  the  Commission's  rules shall be consistent
21    therewith.  Complaint cases initiated pursuant to any Section
22    of this Act, investigative proceedings and  ratemaking  cases
23    shall  be  considered "contested cases" as defined in Section
24    1-30  of  the  Illinois  Administrative  Procedure  Act,  any
25    contrary provision therein notwithstanding.   Any  proceeding
26    intended to lead to the establishment of policies, practices,
27    rules or programs applicable to more than one utility may, in
28    the  Commission's discretion, be conducted pursuant to either
29    rulemaking or contested case provisions, provided such choice
30    is clearly indicated at the beginning of such proceeding  and
31    subsequently adhered to.  No violation of this Section or the
32    Illinois  Administrative  Procedure Act and no informality in
33    any proceeding or in the manner of  taking  testimony  before
 
                            -16-              LRB9203638JStmA
 1    the  Commission,  any commissioner or hearing examiner of the
 2    Commission shall invalidate  any  order,  decision,  rule  or
 3    regulation  made, approved, or confirmed by the Commission in
 4    the absence of prejudice.   All  hearings  conducted  by  the
 5    Commission shall be open to the public.
 6        Each  commissioner  and  every  hearing  examiner  of the
 7    Commission  designated   by   it   to   hold   any   inquiry,
 8    investigation  or hearing, shall have the power to administer
 9    oaths and affirmations, certify to all official  acts,  issue
10    subpoenas,  compel the attendance and testimony of witnesses,
11    and the production of papers, books, accounts and documents.
12        When hearings are required under this Act, hearings shall
13    be  held  either  by  the  Commission  or  by  one  or   more
14    commissioners or hearing examiners.
15        When  any  counselor  or attorney at law, licensed in any
16    other state or territory, may desire  to  appear  before  the
17    Commission,  such  counselor  or attorney shall be allowed to
18    appear before the Commission upon the same terms and  in  the
19    same  manner that counselors and attorneys at law licensed in
20    this State now are or hereafter may be admitted to appear  in
21    such  other  state  or  territory  before  its  Commission or
22    equivalent body.
23        All evidence presented at hearings held by the Commission
24    or under its authority shall become a part of the records  of
25    the  Commission.   In all cases in which the Commission bases
26    any action on  reports  of  investigation  or  inquiries  not
27    conducted  as  hearings, such reports shall be made a part of
28    the  records  of  the  Commission.  All  proceedings  of  the
29    Commission and all documents and records  in  its  possession
30    shall  be  public  records,  except  as in this Act otherwise
31    provided.
32        To the  extent  consistent  with  this  Section  and  the
33    Illinois  Administrative  Procedure  Act,  the Commission may
34    adopt reasonable and proper rules and regulations relative to
 
                            -17-              LRB9203638JStmA
 1    the exercise of its powers, and proper rules  to  govern  its
 2    proceedings,   and  regulate  the  mode  and  manner  of  all
 3    investigations and hearings, and alter and amend the same.
 4    (Source: P.A. 88-45.)

 5        (220 ILCS 5/10-101.5 new)
 6        Sec. 10-101.5.  Settlements.  All  parties  to  contested
 7    proceedings  before  the  Commission  are encouraged to enter
 8    into settlements when possible. The Commission  may  adopt  a
 9    settlement  reached between some, but not all, parties in any
10    contested matter without reaching a decision on the merits of
11    the contested issues when:
12             (1)  non-agreeing parties are provided a  reasonable
13        opportunity  to  state  their  objections to the proposed
14        settlement on the record of the proceeding; and
15             (2)  the Commission, after reviewing the objections,
16        finds  that  the  settlement  as  a  whole  represents  a
17        reasonable resolution of the proceeding or  some  portion
18        thereof.

19        (220 ILCS 5/10-103) (from Ch. 111 2/3, par. 10-103)
20        Sec. 10-103.  Proceedings before Commission.
21        (a)  In  all  proceedings,  investigations,  or  hearings
22    conducted  by  the  Commission,  except in the disposition of
23    matters that the Commission is  authorized  to  entertain  or
24    dispose  of  on  an ex parte basis, any finding, decision, or
25    order made by the Commission shall be  based  exclusively  on
26    the  record for decision in the case, which shall include all
27    pleadings (including  all  notices  and  responses  to  those
28    pleadings),  motions,  rulings, evidence received, statements
29    of matters officially noticed, offers of proof and objections
30    to and rulings on those offers of  proof,  proposed  findings
31    and  exceptions,   decisions,  opinions,  or  reports  by the
32    hearing examiner,  the transcript of all oral proceedings and
 
                            -18-              LRB9203638JStmA
 1    testimony, and exhibits together with all papers and requests
 2    filed in the proceeding. In contested  cases,  the  documents
 3    and  information  described  in subsections (b),(c), (d), and
 4    (e)  of   this  Section,  as  well  as  the   documents   and
 5    information  described  in  Section  10-103.5, shall not form
 6    the  basis  of  any  findings  of  fact  in   a   proceeding,
 7    investigation, or hearing conducted by the Commission, except
 8    upon   notice   and   an   opportunity  for  all  parties  to
 9    participate.
10        (b)  A communication between a commissioner, his  or  her
11    assistant,  or  other  person who is or may be expected to be
12    involved in the decisional process of a contested  case  with
13    any   party or representative of a party  to a proceeding for
14    any telecommunications carrier or any representative  of  the
15    carrier  concerning  any  matter  of  fact, law, or policy at
16    issue in the case that occurs after  the  initial  notice  of
17    hearing,   but   before  the  close  of  the  evidentiary  or
18    fact-finding portion of the proceedings, shall   be  reported
19    in accordance with Section 10-103.5.
20        (c)  A  commissioner, his or her assistant, and any other
21    person who is or reasonably may be expected to be involved in
22    the decisional process of a  contested  proceeding  may  not,
23    after the close of the evidentiary or fact-finding portion of
24    a  contested   proceeding  and  before  a  final order of the
25    Commission or any order on  rehearing,  whichever  is  later,
26    communicate,  directly  or indirectly, in connection with any
27    matter of fact, law, or policy at issue  in  the  proceeding,
28    with any party or representative of a party to the proceeding
29    for  any  telecommunications carrier or any representative of
30    the carrier, except  upon  notice  and  opportunity  for  all
31    parties  to  participate. From the time a hearing examiner is
32    assigned to  the  proceeding  until  a  final  order  of  the
33    Commission  or  any order on rehearing, whichever is later, a
34    hearing examiner may not communicate, directly or indirectly,
 
                            -19-              LRB9203638JStmA
 1    in connection with any matter of  fact,  law,  or  policy  at
 2    issue  in  the proceeding with any person who is not involved
 3    in the decisional process, except upon notice and opportunity
 4    for all parties to participate.  Except as otherwise provided
 5    by law, from the time a hearing examiner is assigned  to  the
 6    proceeding  until  the  hearing  examiner  submits a proposed
 7    order  to  the  Commission,  a  hearing  examiner   may   not
 8    communicate,  directly  or indirectly, in connection with any
 9    matter of fact, law, or policy at  issue in   the  proceeding
10    with  any  person  who is involved in the decisional process,
11    except upon notice and  opportunity   for  all   parties   to
12    participate.   Nothing  in  this  Section  shall  prohibit  a
13    commissioner from communicating with another commissioner  or
14    having the aid  or advice of one or more assistants. However,
15    the   provisions   of   Section   10-60   of   the   Illinois
16    Administrative  Procedure  Act  apply  in  full  to,  and the
17    provisions of subsections (b) and (c) of this Section do  not
18    apply  to, proceedings initiated by individual customers, not
19    including  customers certified as providers under  this  Act.
20        (d)  The provisions of subsections (b) and  (c)  of  this
21    Section  and  Section  10-60  of  the Illinois Administrative
22    Procedure Act shall not apply to communications with  persons
23    who are not parties  or  representatives  of  parties  to   a
24    proceeding   (non-parties)   unless   the   non-parties   are
25    telecommunications   carriers  or  representatives  of  those
26    carriers and to communications between  Commission  employees
27    who  are engaged in investigatory, prosecutorial, or advocacy
28    functions and other parties to the proceeding,  however,  the
29    Commission  employees  are  governed  by Section 10-60 of the
30    Illinois  Administrative  Procedure  Act   as   modified   by
31    subsections  (b)  and  (c)  of  this Section with  respect to
32    communicating, directly  or indirectly, with members  of  the
33    Commission  or  their assistants, any hearing examiner in the
34    proceeding,  or  any  Commission  employee  who  is  or   may
 
                            -20-              LRB9203638JStmA
 1    reasonably  be  expected  to  be  involved  in the decisional
 2    process of the proceeding.
 3        (e)  A commissioner,  commissioner's  assistant,  hearing
 4    examiner,  or  other  Commission  employee  who  is  or   may
 5    reasonably  be  expected  to  be  involved  in the decisional
 6    process of a  proceeding,  who  receives,  or  who  makes  or
 7    knowingly  causes  to  be made, a communication prohibited by
 8    Section 10-60 of the Illinois Administrative Procedure Act as
 9    modified by this Section, must place on the public record  of
10    the  proceeding: (1) any and all such written communications;
11    (2)  memoranda stating the substance of any and all such oral
12    communications; and (3) any and  all  written  responses  and
13    memoranda stating the substance of any and all oral responses
14    to the materials described in clauses (1) and (2).
15        (f)  The   Commission,  or  any  commissioner  or hearing
16    examiner presiding over the proceeding, shall in the event of
17    a   violation  of  this  Section,  take  whatever  action  is
18    necessary to ensure that the violation does not prejudice any
19    party or adversely affect the fairness of the proceedings.
20        In all proceedings, investigations or hearings  conducted
21    by the Commission, except in the disposition of matters which
22    the Commission is authorized to entertain or dispose of on an
23    ex  parte  basis,  any finding, decision or order made by the
24    Commission shall be  based  exclusively  on  the  record  for
25    decision in the case, which shall include only the transcript
26    of  testimony  and  exhibits  together  with  all  papers and
27    requests filed in the  proceeding,  including,  in  contested
28    cases,  the  documents  and  information described in Section
29    10-35 of the Illinois Administrative Procedure Act.
30        The  provisions  of  Section  10-60   of   the   Illinois
31    Administrative   Procedure   Act   shall  apply  in  full  to
32    Commission  proceedings,  including  ratemaking  cases,   any
33    provision of the Illinois Administrative Procedure Act to the
34    contrary  notwithstanding.  The  provisions  of Section 10-60
 
                            -21-              LRB9203638JStmA
 1    shall  not  apply,   however,   to   communications   between
 2    Commission   employees  who  are  engaged  in  investigatory,
 3    prosecutorial or advocacy functions and other parties to  the
 4    proceeding, provided that such Commission employees are still
 5    prohibited  from  communicating  on  an  ex  parte  basis, as
 6    designated in Section 10-60,  directly  or  indirectly,  with
 7    members  of  the  Commission,  any  hearing  examiner  in the
 8    proceeding,  or  any  Commission  employee  who  is  or   may
 9    reasonably  be  expected  to  be  involved  in the decisional
10    process of the proceeding.
11        Any commissioner, hearing examiner, or  other  Commission
12    employee  who is or may reasonably be expected to be involved
13    in the decisional process of a proceeding, who  receives,  or
14    who  makes  or  knowingly  causes to be made, a communication
15    prohibited by Section 10-60 of  the  Illinois  Administrative
16    Procedure Act as modified by this Section, shall place on the
17    public  record of the proceeding (1) any and all such written
18    communications; (2) memoranda stating the  substance  of  any
19    and all such oral communications; and (3) any and all written
20    responses  and memoranda stating the substance of any and all
21    oral responses to the materials described in clauses (1)  and
22    (2).
23        The  Commission,  or any commissioner or hearing examiner
24    presiding over the  proceeding,  shall  in  the  event  of  a
25    violation  of this Section, take whatever action is necessary
26    to ensure that such violation does not prejudice any party or
27    adversely affect the fairness of the proceedings.
28    (Source: P.A. 88-45.)

29        (220 ILCS 5/10-103.5 new)
30        Sec. 10-103.5.  Reporting communications with Commission.
31    A communication required to be  reported   under   subsection
32    (b) of  Section 10-103 shall be reported by the commissioner,
33    his or her assistant, or any person who is or may be expected
 
                            -22-              LRB9203638JStmA
 1    to   be involved  in  the  decisional  process  who  makes or
 2    receives that communication on the date the communication  is
 3    made  by  filing  and  serving a notice of communication in a
 4    contested case with the Commission.   This  notice  shall  be
 5    served  on  the hearing examiner and all parties of record by
 6    mail within 7 days of the  communication.  The  notice  shall
 7    include the following information:
 8             (1)  the   date,   time,   and   location   of   the
 9        communication and  whether it was  oral,  written,  or  a
10        combination;
11             (2)  the  identity of the recipients and the persons
12        initiating the communication, as well as the identity  of
13        the persons present during the communication; and
14             (3)  a  description  of  the  communication  and its
15        content, including a copy of any written material or text
16        provided during the communication.

17        (220 ILCS 5/10-108) (from Ch. 111 2/3, par. 10-108)
18        Sec. 10-108.  Complaints; notice; parties.  Complaint may
19    be made by the Commission, of its own motion or by any person
20    or corporation, chamber of commerce, board of trade,  or  any
21    industrial,    commercial,    mercantile,   agricultural   or
22    manufacturing society,  or  any  body  politic  or  municipal
23    corporation  by  petition  or  complaint  in writing, setting
24    forth any act or  things  done  or  omitted  to  be  done  in
25    violation, or claimed to be in violation, of any provision of
26    this  Act,  or of any order or rule of the Commission. In the
27    discretion  of  the  Commission,  matters  presented  by  one
28    complaint may be ordered separated, and  matters  upon  which
29    complaint may be founded may be joined. No objection shall be
30    sustained   to   a  separation  merely  because  the  matters
31    separated are under the ownership, control or  management  of
32    the  same  persons  or  corporation.  No  complaint  shall be
33    dismissed because of the absence  of  direct  damage  to  the
 
                            -23-              LRB9203638JStmA
 1    complainant.
 2        Upon the filing of a complaint the Commission shall cause
 3    a  copy  thereof  to be served upon the person or corporation
 4    complained  of  which  shall  be  accompanied  by  a   notice
 5    requiring that the complaint be satisfied and answered within
 6    a reasonable time to be specified by the Commission or within
 7    the  discretion  of the Commission, by a notice fixing a time
 8    when and  place  where  a  hearing  will  be  had  upon  such
 9    complaint.  Notice  of the time and place shall also be given
10    to  the  complainant  and  to  such  other  persons  as   the
11    Commission  shall  deem  necessary. The Commission shall have
12    authority   to   hear   and   investigate    any    complaint
13    notwithstanding  the  fact  that  the  person  or corporation
14    complained of may have satisfied the complaint.
15        The time fixed for such hearing shall not  be  less  than
16    ten  days  after  the  date of the service of such notice and
17    complaint except as herein provided. Service in all hearings,
18    investigations, and proceedings before the Commission may  be
19    made  upon  any  person  upon whom a summons may be served in
20    accordance with the provisions of the Civil Practice Law  and
21    all  existing and future amendments thereto and modifications
22    thereof and the Supreme Court Rules now or hereafter  adopted
23    in  relation  to  that  Law,  and  may be made personally, by
24    electronic means, or by mailing same  in  the  United  States
25    mail   in   a  sealed  envelope  with  postage  prepaid.  The
26    provisions of this section as to notice shall  apply  to  all
27    hearings held by the Commission or under its authority.
28        Any  public utility shall have a right to complain on any
29    of the grounds upon which complaints are allowed to be  filed
30    by other parties, and the same procedure shall be adopted and
31    followed as in other cases.
32        All  cities shall have power to appear as complainants or
33    to make application before the Illinois  Commerce  Commission
34    for  an  inquiry,  investigation  or  hearing relating to the
 
                            -24-              LRB9203638JStmA
 1    rates or other charges or services of public utilities within
 2    such city, except for telecommunications carriers electing an
 3    alternative form of regulation under Sec.  13-506.1;  and  in
 4    case  of  any  inquiry, investigation or hearing by or before
 5    the Illinois Commerce Commission on any  matter  relating  to
 6    the  rates  or other charges or services within any city, the
 7    city shall receive written notice  not  less  than  ten  days
 8    before  such  inquiry, investigation or hearing, and shall be
 9    entitled to appear  and  present  evidence  relating  to  the
10    subject  matter  of  such  inquiry, investigation or hearing.
11    Such notice shall be served upon the city clerk.
12        Whenever there shall be filed a complaint  under  Article
13    IX  of this Act regarding the rates, charges, classifications
14    or services of a public utility, the  Commission  shall  make
15    and  render  findings concerning the subject matter and facts
16    complained of and enter its order  based  thereon  not  later
17    than  one  year after the filing of such complaint unless all
18    parties to the complaint proceeding under Article IX agree to
19    a  period  of  greater  than  one  year,  provided  that  any
20    agreement to extend the one year period must  be  in  writing
21    and  must  be for a specified period of time not exceeding 60
22    days.  The parties may enter into more than one agreement  to
23    extend    time.    This   paragraph   does   not   apply   to
24    telecommunications carriers electing an alternative  form  of
25    regulation under Sec. 13-506.1.
26        In the event that the Commission fails to enter its order
27    within one year after the filing of the complaint or upon the
28    expiration  of  the  last agreement to extend time, any party
29    may file a complaint in the circuit court  for  an  emergency
30    order  of  mandamus  to  direct  and compel the Commission to
31    enter its order within 60 days of the expiration of  the  one
32    year  period  or within 60 days of the expiration of the last
33    agreement to extend time, and the court shall set a  schedule
34    to  enable  the  Commission to complete the case and enter an
 
                            -25-              LRB9203638JStmA
 1    order within the time frame specified herein.   Summons  upon
 2    the  complaint  shall  be  returnable  within  5  days.   The
 3    complaint  for  an  order of mandamus shall be brought in the
 4    circuit in which the  subject  matter  of  the  complaint  is
 5    situated or, if the subject matter of the hearing is situated
 6    in more than one circuit, then in any one of those circuits.
 7        In  order  to  speed  the  resolution  of retail customer
 8    complaints, the Commission's Consumers  Affairs  Staff  shall
 9    offer  a mandatory dispute resolution process for the benefit
10    of retail customers when the matter in dispute is  less  than
11    $5,000.   Within  30  days after receiving a statement of the
12    matter in dispute  from  a  retail  customer,  the  Consumers
13    Affairs  staff  shall  recommend a settlement.  Within 7 days
14    after the date of the recommended settlement, a  party  shall
15    file  with the Staff a written acceptance or rejection of the
16    recommended  settlement.    If   the   parties   accept   the
17    recommendation,  then  the  recommendation  shall  become the
18    final order in a contested case.   If  a  party  rejects  the
19    recommended  settlement, then the retail customer may proceed
20    to a contested case hearing under this  Article.   The  party
21    that   rejects  the  recommended  settlement  shall  pay  the
22    opposing party's actual costs of proceeding  to  a  contested
23    case hearing, including attorney fees, unless the final order
24    of  the  Commission  is more favorable to the rejecting party
25    than the recommended settlement under this Section.  A  final
26    order  is  considered  more favorable if it differs by 10% or
27    more  from  the  recommended  settlement  in  favor  of   the
28    rejecting  party.   If  the  settlement recommendation is not
29    accepted, the individual commissioners and hearing  examiners
30    shall  not  be  informed  of the recommended settlement until
31    they  have  issued  their  final  order  in  order  to  avoid
32    prejudicing the  interests  of  retail  customers  and  other
33    parties.   This  Section  shall  not  extend or toll the time
34    within which the Commission is required to  issue  its  final
 
                            -26-              LRB9203638JStmA
 1    order under Section 10-108.
 2    (Source: P.A. 91-341, eff. 7-29-99.)

 3        (220 ILCS 5/10-114 new)
 4        Sec.  10-114.  Resolution  on  pleading.  Notwithstanding
 5    any other provision of this Act, the Commission shall resolve
 6    all  proceedings  on  the  basis  of  written  pleadings  and
 7    submissions that are verified or supported by affidavit  with
 8    the  exception  of  proceedings arising under Section 13-515.
 9    Nothing in this Section precludes the Commission from hearing
10    oral argument in any proceeding.

11        (220 ILCS 5/13-100) (from Ch. 111 2/3, par. 13-100)
12        (Section scheduled to be repealed on July 1, 2001)
13        Sec. 13-100.  Short title.  This Article shall  be  known
14    and   may   be  cited  as  the  Telecommunications  Universal
15    Telephone Service Protection Law of 2001 1985.
16    (Source: P.A. 84-1063.)

17        (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
18        (Section scheduled to be repealed on July 1, 2001)
19        Sec. 13-101.  Application of  Act  to  telecommunications
20    rates  and  services.   Except  to  the  extent  modified  or
21    supplemented  by the specific provisions of this Article, the
22    Sections of this Act pertaining to public  utilities,  public
23    utility  rates  and services, and the regulation thereof, are
24    fully    and    equally    applicable    to    noncompetitive
25    telecommunications rates and  services,  and  the  regulation
26    thereof,  except  where  the  context  clearly  renders  such
27    provisions  inapplicable.   Except  to the extent modified or
28    supplemented by the specific provisions of  this  Article  or
29    any  other  Article, Articles II I through V, Sections 7-204,
30    8-101, 8-301, 8-406, 8-505, 9-221, 9-222,  9-222.1,  9-222.2,
31    9-250, and 9-252.1, and Article Articles X and XI of this Act
 
                            -27-              LRB9203638JStmA
 1    are    fully    and   equally   applicable   to   competitive
 2    telecommunications carriers and rates and services,  and  the
 3    regulation thereof.
 4    (Source: P.A. 90-38, eff. 6-27-97.)

 5        (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)
 6        (Section scheduled to be repealed on July 1, 2001)
 7        Sec.      13-102.  Findings.      With     respect     to
 8    telecommunications services, as herein defined,  the  General
 9    Assembly finds that:
10        (a)  reliable,    universally   available,   and   widely
11    affordable  facilities-based  and  resold  telecommunications
12    services for  residential  customers  are  essential  to  the
13    health, welfare, and prosperity of all Illinois citizens;
14        (b)  federal regulatory and judicial rulings in the 1980s
15    caused a restructuring of the telecommunications industry and
16    have  helped  open  opened  some  aspects  of the industry to
17    competitive entry by facilities-based carriers and resellers,
18    thereby necessitating revision  of  State  telecommunications
19    regulatory policies and practices;
20        (c)  revisions  in telecommunications regulatory policies
21    and practices in Illinois beginning  in  the  mid-1980s  have
22    also  brought  the  benefits of competition to consumers, but
23    rapid market  changes  now  necessitate  further  changes  in
24    Illinois telecommunications policy in many telecommunications
25    markets, but not in local exchange telecommunications service
26    markets;
27        (d)  the   federal   Telecommunications   Act   of   1996
28    established   the  goal  of  opening  all  telecommunications
29    service markets to competition and accords to the states  the
30    responsibility  to establish and enforce policies pursuant to
31    that Act that are necessary to attain that goal;
32        (e)  it is in the immediate interest of the People of the
33    State of Illinois for the State to exercise its rights within
 
                            -28-              LRB9203638JStmA
 1    the new framework of  federal  telecommunications  policy  to
 2    ensure  that  the  economic  benefits  of  competition in all
 3    telecommunications   service   markets   are   realized    as
 4    effectively as possible;
 5        (f)  the   deregulation   of   certain   retail  services
 6    competitive offering of all telecommunications services  will
 7    increase  innovation  and  efficiency  in  the  provision  of
 8    telecommunications services and will lead to market-based may
 9    lead to reduced prices for consumers, increased investment in
10    communications  infrastructure, the creation of new jobs, and
11    the attraction of new businesses to Illinois; and
12        (g)   protection of the public interest requires  changes
13    in the regulation of telecommunications carriers and services
14    and  the  deregulation  of  certain retail telecommunications
15    services to ensure,  to  the  maximum  feasible  extent,  the
16    reasonable   and  timely  further  development  of  effective
17    competition in all telecommunications service markets.
18    (Source: P.A. 90-185, eff. 7-23-97.)

19        (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)
20        (Section scheduled to be repealed on July 1, 2001)
21        Sec. 13-103.  Policy.
22        (a)  The purpose  of  this  Article  is  to  promote  the
23    economic  development  and  quality  of  life of the State of
24    Illinois, to stimulate  capital  investment  and  competitive
25    choice  for residential customers, and to ensure adequate and
26    effective  representation  of  all   citizens'   rights   and
27    interests  in  facilities-based and resold telecommunications
28    services before the Illinois Commerce Commission, the Federal
29    Communications Commission, State and federal courts, and  any
30    other  organizations,  agencies and public bodies involved in
31    the  development  and  consideration  of   telecommunications
32    policy and regulation.
33        (b)  The General Assembly finds that the expanding effect
 
                            -29-              LRB9203638JStmA
 1    of all telecommunications services on the economy and general
 2    quality  of  life in the State requires a regulatory focus by
 3    the  Commission  on  service  quality,  safety,  and  network
 4    reliability.
 5        (c)  The General Assembly finds  that  the  provision  of
 6    adequate,   reliable,   telecommunications   service   on   a
 7    facilities   and   resold   basis  critical  to  the  health,
 8    well-being, and prosperity of all Illinois citizens.  It also
 9    is essential that the State adopt laws and  regulations  that
10    provide  incentives to the private sector to innovate, invest
11    capital,   and   expand   competitive    choice    for    all
12    telecommunications  services  in order to promote and advance
13    economic development, education, health care, and the overall
14    quality of life.
15        (d)  The General Assembly recognizes that the  transition
16    to  a fully competitive industry requires a legislative focus
17    on establishing just and reasonable rates through alternative
18    regulation for basic residential services,  while  permitting
19    competitive marketplace forces to govern optional residential
20    services and all business services.
21        (e)  The General Assembly recognizes that in a robust and
22    expanding competitive environment, consumers face complex new
23    issues  and  choices, requiring an increased regulatory focus
24    on  resolving   residential   customer   complaints   in   an
25    expeditious   and   administratively   fair   manner  and  on
26    expeditiously resolving disputes between  competing  carriers
27    who  enter into network interconnection and resale agreements
28    in order to increase competitive choices.
29        (f)  The   General   Assembly   recognizes    that    new
30    technologies,   new   competitive   entrants,   and   ongoing
31    consolidation  within the telecommunications industry require
32    equal  application  of  all  regulations   to   all   service
33    providers. Consistent with its findings, the General Assembly
34    declares that it is the policy of the State of Illinois that:
 
                            -30-              LRB9203638JStmA
 1        (a)  telecommunications  services  should be available to
 2    all Illinois citizens at  just,  reasonable,  and  affordable
 3    rates and that such services should be provided as widely and
 4    economically  as  possible  in  sufficient  variety, quality,
 5    quantity and reliability to satisfy the public interest;
 6        (b)  consistent  with  the  protection  of  consumers  of
 7    telecommunications services  and  the  furtherance  of  other
 8    public  interest goals, competition in all telecommunications
 9    service  markets  should  be  pursued  as  a  substitute  for
10    regulation in determining the variety, quality and  price  of
11    telecommunications  services and that the economic burdens of
12    regulation  should  be  reduced  to   the   extent   possible
13    consistent  with  the  furtherance  of market competition and
14    protection of the public interest;
15        (c)  all necessary and appropriate modifications to State
16    regulation of telecommunications carriers and services should
17    be  implemented  without  unnecessary   disruption   to   the
18    telecommunications  infrastructure  system or to consumers of
19    telecommunications services and  that  it  is  necessary  and
20    appropriate  to  establish  rules  to  encourage  and  ensure
21    orderly  transitions  in  the  development of markets for all
22    telecommunications services;
23        (d)  the consumers  of  telecommunications  services  and
24    facilities  provided  by  persons  or  companies  subject  to
25    regulation  pursuant  to  this  Act  and  Article  should  be
26    required  to pay only reasonable and non-discriminatory rates
27    or charges and that in no case should rates  or  charges  for
28    non-competitive   telecommunications   services  include  any
29    portion   of    the    cost    of    providing    competitive
30    telecommunications services, as defined in Section 13-209, or
31    the cost of any nonregulated activities;
32        (e)  the  regulatory  policies and procedures provided in
33    this Article are established in recognition of  the  changing
34    nature  of  the  telecommunications  industry  and  therefore
 
                            -31-              LRB9203638JStmA
 1    should  be subject to systematic legislative review to ensure
 2    that  the  public  benefits  intended  to  result  from  such
 3    policies and procedures are fully realized; and
 4        (f)  development of and prudent  investment  in  advanced
 5    telecommunications services and networks that foster economic
 6    development  of  the  State  should be encouraged through the
 7    implementation  and  enforcement  of  policies  that  promote
 8    effective and sustained competition in all telecommunications
 9    service markets.
10    (Source: P.A. 90-185, eff. 7-23-97.)

11        (220 ILCS 5/13-203) (from Ch. 111 2/3, par. 13-203)
12        (Section scheduled to be repealed on July 1, 2001)
13        Sec. 13-203.  Telecommunications service.
14        "Telecommunications   service"   means   local   exchange
15    telecommunications service, the provision of service for  the
16    origination  or  termination  of  switched telecommunications
17    services, residential operator  services,  services  for  the
18    speech  and  hearing impaired as described in Section 13-703,
19    access  to  911  service,  and  supported  telecommunications
20    services as defined by  the  Commission  in  accordance  with
21    Section  13-301(e)(1).  the  provision  or offering for rent,
22    sale or lease, or in exchange for other  value  received,  of
23    the  transmittal of information, by means of electromagnetic,
24    including light, transmission with or without benefit of  any
25    closed  transmission medium, including all instrumentalities,
26    facilities,   apparatus,   and   services   (including    the
27    collection,  storage,  forwarding, switching, and delivery of
28    such information) used to provide such transmission and  also
29    includes   access   and   interconnection   arrangements  and
30    services.
31        "Telecommunications service" does not include, however:
32             (a)  the rent, sale, or lease, or exchange for other
33        value received, of customer premises equipment except for
 
                            -32-              LRB9203638JStmA
 1        customer  premises  equipment  owned  or  provided  by  a
 2        telecommunications carrier and  used  for  answering  911
 3        calls,   and   except  for  customer  premises  equipment
 4        provided under Section 13-703;
 5             (b)  telephone   or   telecommunications   answering
 6        services,  paging  services,  and  physical  pickup   and
 7        delivery  incidental  to  the  provision  of  information
 8        transmitted  through  electromagnetic,  including  light,
 9        transmission;
10             (c)  community  antenna  television service which is
11        operated to perform for hire the service of receiving and
12        distributing video and audio  program  signals  by  wire,
13        cable  or  other  means  to  members  of  the  public who
14        subscribe to  such  service,  to  the  extent  that  such
15        service  is  utilized solely for the one-way distribution
16        of  such  entertainment  services  with  no   more   than
17        incidental   subscriber   interaction  required  for  the
18        selection of such entertainment service;.
19        (d)  private line services;
20        (e)  advanced  telecommunications  service   having   the
21    capability  of supporting 2 way broadband communications at a
22    bandwidth of 200 kilobits per second or greater except to the
23    extent that  service  is  used  to  provide  voice  telephony
24    service;
25        (f)  the  provision  of  white or yellow page directories
26    and listings in a manner that no revenues from those services
27    are attributed to  any  telecommunications  service  for  any
28    purpose whatsoever; and
29        (g)  cellular  radio service, public mobile services, and
30    private radio services.
31        The Commission may, by rulemaking,  exclude  (1)  private
32    line service which is not directly or indirectly used for the
33    origination  or  termination  of  switched telecommunications
34    service,  (2)  cellular   radio   service,   (3)   high-speed
 
                            -33-              LRB9203638JStmA
 1    point-to-point data transmission at or above 9.6 kilobits, or
 2    (4)  the provision of telecommunications service by a company
 3    or person otherwise  subject  to  Section  13-202  (c)  to  a
 4    telecommunications   carrier,  which  is  incidental  to  the
 5    provision of service subject  to  Section  13-202  (c),  from
 6    active  regulatory  oversight  to  the extent it finds, after
 7    notice, hearing and comment that such exclusion is consistent
 8    with the public interest and the  purposes  and  policies  of
 9    this  Article. To the extent that the Commission has excluded
10    cellular radio service from active regulatory  oversight  for
11    any provider of cellular radio service in this State pursuant
12    to  this  Section,  the  Commission  shall  exclude all other
13    providers of cellular radio service in the State from  active
14    regulatory   oversight   without   an  additional  rulemaking
15    proceeding where there are 2 or more certified  providers  of
16    cellular radio service in a geographic area.
17    (Source: P.A. 90-185, eff. 7-23-97.)

18        (220 ILCS 5/13-203.5 new)
19        Sec.  13-203.5  Local  calling area. "Local calling area"
20    means a  geographic  area  encompassing  one  or  more  local
21    communities  as  determined  by  a telecommunications carrier
22    and as described in maps, tariffs, or  rate  schedules  filed
23    with  the  Commission.  The  determination of a local calling
24    area made by an incumbent local exchange carrier, as  defined
25    in  Section  251(h)  of the federal Telecommunications Act of
26    1996, shall be used to determine any  payments  made  between
27    that incumbent carrier and another telecommunications carrier
28    as  part  of  any intercarrier compensation arrangement under
29    applicable law. Internet  service  provider  traffic  is  not
30    eligible for intercarrier compensation.

31        (220 ILCS 5/13-204) (from Ch. 111 2/3, par. 13-204)
32        (Section scheduled to be repealed on July 1, 2001)
 
                            -34-              LRB9203638JStmA
 1        Sec.  13-204.  Local exchange telecommunications service.
 2    "Local    exchange    telecommunications    service"    means
 3    telecommunications service including,  but  not  limited  to,
 4    cable telephony services and fixed wireless services, between
 5    points  within  an  exchange,  as  defined in Section 13-206,
 6    provided  pursuant  to  one  primary  access  line   or   its
 7    equivalent  to  a  residential customer and any usage that is
 8    not subject  to  presubscription  provided  over  that  line,
 9    within  or  between  exchanges  but exclusive of any optional
10    calling features  provided  pursuant  to  that  line  or  the
11    provision  of  telecommunications service for the origination
12    or termination of switched telecommunications services.
13    (Source: P.A. 84-1063.)

14        (220 ILCS 5/13-300 new)
15        Sec.  13-300.  Scope  of  authority.   Pursuant  to  this
16    Article,  the  Commission  shall   have   jurisdiction   over
17    telecommunications service.
18        The  Commission  may issue orders and promulgate rules to
19    implement the requirements of the Communications Act of 1934,
20    as amended by the federal Telecommunications Act of 1996, and
21    the orders and  regulations  of  the  Federal  Communications
22    Commission  issued  under  those  Acts,  including,  but  not
23    limited  to, orders and rules to implement the prices, terms,
24    and conditions for  resold  telecommunications  services  and
25    unbundled  network  elements.   Unless  expressly provided in
26    this Act to the  contrary,  the  Commission  shall  not  have
27    authority  or  jurisdiction  to  adopt or impose requirements
28    that  exceed  or  differ  from  the   requirements   of   the
29    Communications  Act  of  1934,  as  amended  by  the  federal
30    Telecommunications   Act   of   1996,   and  the  orders  and
31    regulations of the Federal Communications  Commission  issued
32    under  those  Acts.   Notwithstanding anything in this Act to
33    the contrary, nothing in this  Amendatory  Act  of  the  92nd
 
                            -35-              LRB9203638JStmA
 1    General Assembly shall impair the authority of the Commission
 2    to  implement  and  enforce  conditions  related  to  mergers
 3    approved  by  the  Commission  before  January  1,  2000  and
 4    pursuant to Section 7-204 of this Act.

 5        (220 ILCS 5/13-301) (from Ch. 111 2/3, par. 13-301)
 6        (Section scheduled to be repealed on July 1, 2001)
 7        Sec.  13-301.  Duties of the Commission.  Consistent with
 8    the findings and  policy  established  in  paragraph  (a)  of
 9    Section  13-102  and  paragraph (a) of Section 13-103, and in
10    order  to  ensure  the  attainment  of  such  policies,   the
11    Commission shall:
12        (a)  participate  in  all  federal  programs  intended to
13    preserve  or  extend  universal  telecommunications  service,
14    unless such programs would place  cost  burdens  on  Illinois
15    customers  of  telecommunications  services  in excess of the
16    benefits they would receive through participation,  provided,
17    however,  the  Commission  shall  not  approve  or permit the
18    imposition  of  any  surcharge  or  other  fee  designed   to
19    subsidize  or  provide  a waiver for subscriber line charges;
20    and shall report on such programs together with an assessment
21    of their  adequacy  and  the  advisability  of  participating
22    therein in its annual report to the General Assembly, or more
23    often as necessary;
24        (b)  establish   a   program  to  monitor  the  level  of
25    telecommunications subscriber connection within each exchange
26    in Illinois, and shall report the results of such  monitoring
27    and  any  actions  it  has  taken  or  recommends be taken to
28    maintain and increase such levels in its annual report to the
29    General Assembly, or more often if necessary;
30        (c)  order all telecommunications  carriers  offering  or
31    providing   local   exchange  telecommunications  service  to
32    propose low-cost or budget service tariffs and any other rate
33    design or pricing mechanisms designed to facilitate  customer
 
                            -36-              LRB9203638JStmA
 1    access  to  such  telecommunications service, and shall after
 2    notice and hearing, implement any  such  proposals  which  it
 3    finds likely to achieve such purpose;
 4        (d)  investigate  the  necessity  of and, if appropriate,
 5    establish a universal service support fund from  which  local
 6    exchange  telecommunications  carriers  who  pursuant  to the
 7    Twenty-Seventh Interim Order of the Commission in Docket  No.
 8    83-0142 or the orders of the Commission in Docket No. 97-0621
 9    and  Docket  No.  98-0679 received funding and whose economic
10    costs of  providing  services  for  which  universal  service
11    support  may  be  made  available  exceed the affordable rate
12    established by  the  Commission  for  such  services  may  be
13    eligible  to  receive  support,  less  any  federal universal
14    service support received for the same  or  similar  costs  of
15    providing  the supported services; provided, however, that if
16    a  universal  service  support  fund  is   established,   the
17    Commission  shall  require  that  all  costs  of  the fund be
18    recovered  from  all   local   exchange   and   interexchange
19    telecommunications  carriers  certificated  in  Illinois on a
20    competitively  neutral  and  nondiscriminatory   basis.    In
21    establishing  any  such  universal  service support fund, the
22    Commission shall, in addition to the determination  of  costs
23    for  supported  services, consider and make findings pursuant
24    to paragraphs (1), (2), and (4) of item (e) of this  Section.
25    Proxy  cost, as determined by the Commission, may be used for
26    this purpose.  In determining cost recovery for any universal
27    service  support  fund,  the  Commission  shall  not   permit
28    recovery  of such costs from another certificated carrier for
29    any service purchased and  used  solely  as  an  input  to  a
30    service   provided  to  such  certificated  carrier's  retail
31    customers; and
32        (e)  investigate the necessity of  and,  if  appropriate,
33    establish a universal service support fund in addition to any
34    fund  that  may  be  established pursuant to item (d) of this
 
                            -37-              LRB9203638JStmA
 1    Section; provided,  however,  that  if  a  telecommunications
 2    carrier  receives  universal service support pursuant to item
 3    (d) of this Section, that  telecommunications  carrier  shall
 4    not receive universal service support pursuant to this item.
 5    Recipients  of  any universal service support funding created
 6    by this item shall be "eligible" telecommunications carriers,
 7    as designated by the Commission in accordance with 47  U.S.C.
 8    214(e)(2).   Eligible  telecommunications  carriers providing
 9    local exchange telecommunications service may be eligible  to
10    receive support for such services, less any federal universal
11    service  support  received  for  the same or similar costs of
12    providing the supported services. If a fund  is  established,
13    the  Commission  shall require that the costs of such fund be
14    recovered from  all  telecommunications  carriers,  with  the
15    exception  of  wireless carriers who are providers of two-way
16    cellular telecommunications service and  who  have  not  been
17    designated  as  eligible  telecommunications  carriers,  on a
18    competitively neutral and non-discriminatory basis.   In  any
19    order  creating a fund pursuant to this item, the Commission,
20    after notice and hearing, shall:
21             (1)  Define the group of  services  to  be  declared
22        "supported  telecommunications  services" that constitute
23        "universal service".  This group of services shall, at  a
24        minimum, include those services as defined by the Federal
25        Communications  Commission  and  as  from  time  to  time
26        amended.   In addition, the Commission shall consider the
27        range of services currently offered by telecommunications
28        carriers  offering  local   exchange   telecommunications
29        service,  the  existing rate structures for the supported
30        telecommunications services, and  the  telecommunications
31        needs  of Illinois consumers in determining the supported
32        telecommunications services.  The Commission shall,  from
33        time to time or upon request, review and, if appropriate,
34        revise the group of Illinois supported telecommunications
 
                            -38-              LRB9203638JStmA
 1        services  and the terms of the fund to reflect changes or
 2        enhancements in telecommunications  needs,  technologies,
 3        and available services.
 4             (2)  Identify  all  implicit  subsidies contained in
 5        rates or charges of incumbent  local  exchange  carriers,
 6        including  all subsidies in interexchange access charges,
 7        and determine how such subsidies can be made explicit  by
 8        the creation of the fund.
 9             (3)  Identify the incumbent telecommunications local
10        exchange   carriers'  economic  costs  of  providing  the
11        supported telecommunications services.
12             (4)  Establish an affordable price for the supported
13        telecommunications services for the respective  incumbent
14        local exchange carrier.  The affordable price shall be no
15        less  than the rates in effect at the time the Commission
16        creates a fund pursuant to this item.  The Commission may
17        establish and utilize indices or models for updating  the
18        affordable   price   for   supported   telecommunications
19        services.
20             (5)  Identify  the  telecommunications carriers from
21        whom the costs of the fund shall  be  recovered  and  the
22        mechanism  to  be  used  to  determine  and  establish  a
23        competitively   neutral  and  non-discriminatory  funding
24        basis.   From  time  to  time,  or  upon   request,   the
25        Commission  shall consider whether, based upon changes in
26        technology     or     other      factors,      additional
27        telecommunications  providers  should  contribute  to the
28        fund.  The Commission  shall  establish  the  basis  upon
29        which  telecommunications  carriers  contributing  to the
30        fund  shall  recover  contributions  on  a  competitively
31        neutral and non-discriminatory  basis.    In  determining
32        cost   recovery  for  any  universal  support  fund,  the
33        Commission shall not permit recovery of such  costs  from
34        another  certificated  carrier  for any service purchased
 
                            -39-              LRB9203638JStmA
 1        and used solely as an input to a service provided to such
 2        certificated carriers' retail customers.
 3             (6)  Approve  a  plan  for  the  administration  and
 4        operation of the fund by a neutral third party consistent
 5        with the requirements of this item.
 6        No fund shall be created  pursuant  to  this  item  until
 7    existing  implicit  subsidies, including, but not limited to,
 8    those subsidies contained in  interexchange  access  charges,
 9    have  been  identified  and  eliminated  through revisions to
10    rates or charges. Prior to May 1,  2000,  such  revisions  to
11    rates  or charges to eliminate implicit subsidies shall occur
12    contemporaneously with any funding  established  pursuant  to
13    this  item.   However, if the Commission does not establish a
14    universal service support fund by May 1, 2000, the Commission
15    shall not be prevented from entering an order or taking other
16    actions to reduce or eliminate existing subsidies as well  as
17    considering  the  effect  of such reduction or elimination on
18    local exchange carriers.
19        Any telecommunications carrier providing  local  exchange
20    telecommunications service which offers to its local exchange
21    customers   a   choice   of   two   or  more  local  exchange
22    telecommunications service offerings shall  provide,  to  any
23    such  customer  requesting  it, once a year without charge, a
24    report describing  which  local  exchange  telecommunications
25    service  offering  would  result  in the lowest bill for such
26    customer's local exchange service, based on  such  customer's
27    calling  pattern  and  usage  for  the previous 6 months.  At
28    least once a year, each such carrier shall provide  a  notice
29    to  each  of  its  local  exchange telecommunications service
30    customers describing the availability of this report and  the
31    specific  procedures by which customers may receive it.  Such
32    report  shall  only  be  available  to  current  and   future
33    customers  who  have received at least 6 months of continuous
34    local exchange service from such carrier.
 
                            -40-              LRB9203638JStmA
 1    (Source: P.A. 91-636, eff. 8-20-99.)

 2        (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
 3        Sec. 13-301.1.  Universal  Telephone  Service  Assistance
 4    Program.
 5        (a)  The Commission shall by rule or regulation establish
 6    a  Universal  Telephone  Service  Assistance  Program for low
 7    income residential customers. The program shall provide for a
 8    reduction of access line charges, a reduction  of  connection
 9    charges,  or  any other alternative to increase accessibility
10    to telephone service  that  the  Commission  deems  advisable
11    subject  to  the  availability  of  funds  for the program as
12    provided in subsection (b).  The Commission  shall  establish
13    eligibility requirements for benefits under the program.
14        (b)  The  Commission  shall require by rule or regulation
15    that each telecommunications carrier providing local exchange
16    telecommunications services notify its customers that if  the
17    customer   wishes  to  participate  in  the  funding  of  the
18    Universal Telephone Service Assistance Program he may  do  so
19    by electing to contribute, on a monthly basis, a fixed amount
20    that  will  be  included in the customer's monthly bill.  The
21    customer may cease contributing at any  time  upon  providing
22    notice  to  the  telecommunications  carrier  providing local
23    exchange telecommunications services. The notice shall  state
24    that  any  contribution  made  will not reduce the customer's
25    bill for telecommunications services.  Failure to  remit  the
26    amount  of  increased  payment  will  reduce the contribution
27    accordingly.  The Commission shall specify the monthly  fixed
28    amount or amounts that customers wishing to contribute to the
29    funding of the Universal Telephone Service Assistance Program
30    may   choose  from  in  making  their  contributions.   Every
31    telecommunications   carrier   providing    local    exchange
32    telecommunications   services   shall   remit   the   amounts
33    contributed  in  accordance  with  the terms of the Universal
 
                            -41-              LRB9203638JStmA
 1    Telephone Service Assistance Program.
 2    (Source: P.A. 87-750; 90-372, eff. 7-1-98.)

 3        (220 ILCS 5/13-302) (from Ch. 111 2/3, par. 13-302)
 4        (Section scheduled to be repealed on July 1, 2001)
 5        Sec. 13-302.  Local measured service calling plans.
 6        (a)  No  telecommunications  carrier  shall  implement  a
 7    local measured service calling plan which  does  not  include
 8    one of the following elements:
 9             (1)  the  residential  customer  has the option of a
10        flat rate local calling service under which  local  calls
11        are not charged for frequency or duration; or
12             (2)  residential  calls  to points within an untimed
13        calling zone approved by the Commission are  not  charged
14        for duration; or
15             (3)  a  low  income  residential  Universal  Service
16        Assistance Program, which meets criteria set forth by the
17        Commission, is available.
18        (b)  In  formulating  the  criteria  for  the  low income
19    residential Universal Service Assistance Program referred  to
20    in  paragraph  (3)  of  Subsection  (a), the Commission shall
21    consider the desirability of various alternatives,  including
22    a  reduction  of  the access line charge or connection charge
23    for eligible customers.
24        (c)  (Blank) For local measured service plans implemented
25    prior to the effective date of this amendatory  Act  of  1987
26    which  do  not  contain  one  of  the  elements  specified in
27    paragraph (1) or (2) of subsection (a) of this  Section,  the
28    Commission  shall order the telecommunications carrier having
29    such a plan to include  one  of  the  elements  specified  in
30    paragraph  (1)  or  (2)  of subsection (a) of this Section by
31    January 1, 1989.
32    (Source: P.A. 85-1286.)
 
                            -42-              LRB9203638JStmA
 1        (220 ILCS 5/13-303 new)
 2        Sec. 13-303.  Service for the origination or  termination
 3    of switched telecommunications service.
 4        (a)  Except as provided by this Act, the Commission shall
 5    not   review   or  set  the  rates  for  the  origination  or
 6    termination of switched telecommunications service.
 7        (b)  A provider of terminating  or  originating  switched
 8    telecommunications  service  shall  set  the  rates  for that
 9    service.  Rates for that service  provided  by  an  incumbent
10    local  exchange  carrier  as defined in Section 251(h) of the
11    Communications  Act  of  1934,  as  amended  by  the  federal
12    Telecommunications Act of  1996,  that  equal  the  rates  in
13    effect  on  July  1,  2000  are  just  and reasonable.  In an
14    exchange, rates for that  service  provided  by  a  competing
15    local  exchange  carrier  shall  not  exceed the rates of the
16    incumbent local exchange carrier for that service.
17        (c)  A provider of  the  origination  or  termination  of
18    switched  telecommunications  service shall offer the service
19    under  the  same  rates,  terms,  and   conditions,   without
20    unreasonable discrimination, to all providers.

21        (220 ILCS 5/13-304 new)
22        Sec.  13-304.  Service  quality.   The Commission has the
23    authority to establish operating support system  and  service
24    quality   and   reliability  standards  and  penalties.   The
25    standards  and  penalties  shall   equally   apply   to   all
26    telecommunications carriers.

27        (220 ILCS 5/13-401) (from Ch. 111 2/3, par. 13-401)
28        (Section scheduled to be repealed on July 1, 2001)
29        Sec. 13-401.  Certificate of Service Authority.
30        (a)  No   telecommunications  carrier  not  possessing  a
31    certificate  of   public   convenience   and   necessity   or
32    certificate of authority from the Commission at the time this
 
                            -43-              LRB9203638JStmA
 1    Article  goes into effect shall transact any business in this
 2    State until it shall have obtained a certificate  of  service
 3    authority  from  the Commission pursuant to the provisions of
 4    this Article.
 5        No telecommunications carrier offering or  providing,  or
 6    seeking    to    offer    or   provide,   any   interexchange
 7    telecommunications service shall do so until it  has  applied
 8    for  and  received  a  Certificate  of  Interexchange Service
 9    Authority pursuant to the provisions of  Section  13-403.  No
10    telecommunications  carrier offering or providing, or seeking
11    to offer or provide, any  local  exchange  telecommunications
12    service  shall  do so until it has applied for and received a
13    Certificate of Exchange Service  Authority  pursuant  to  the
14    provisions of Section 13-404 or 13-405.
15        Notwithstanding  Sections 13-403, 13-404, and 13-405, the
16    Commission shall approve a cellular radio application  for  a
17    Certificate  of  Service  Authority  without a hearing upon a
18    showing  by  the  cellular   applicant   that   the   Federal
19    Communications  Commission  has  issued  to it a construction
20    permit or an operating license  to  construct  or  operate  a
21    cellular  radio  system in the area as defined by the Federal
22    Communications Commission, or portion of the area, for  which
23    the carrier seeks a Certificate of Service Authority.
24        No   Certificate  of  Service  Authority  issued  by  the
25    Commission shall be  construed  as  granting  a  monopoly  or
26    exclusive privilege, immunity or franchise. The issuance of a
27    Certificate  of  Service  Authority to any telecommunications
28    carrier  shall  not  preclude  the  Commission  from  issuing
29    additional  Certificates  of  Service  Authority   to   other
30    telecommunications  carriers providing the same or equivalent
31    service or serving the same geographical area or customers as
32    any  previously  certified  carrier,  except  to  the  extent
33    otherwise provided by Section Sections 13-403 and 13-405.
34        Any  certificate  of  public  convenience  and  necessity
 
                            -44-              LRB9203638JStmA
 1    granted by the Commission  to  a  telecommunications  carrier
 2    prior  to  the effective date of this Article shall remain in
 3    full force and effect, and such carriers need not apply for a
 4    Certificate  of  Service  Authority  in  order  to   continue
 5    offering  or  providing  service  to the extent authorized in
 6    such certificate of public  convenience  and  necessity.  Any
 7    such  carrier,  however,  prior to substantially altering the
 8    nature or scope of services provided under a  certificate  of
 9    public  convenience  and  necessity,  or  adding or expanding
10    services beyond the authority contained in such  certificate,
11    must  apply  for  a Certificate of Service Authority for such
12    alterations or additions pursuant to the provisions  of  this
13    Article.
14        The  Commission  shall review and modify the terms of any
15    certificate of public convenience and necessity issued  to  a
16    telecommunications  carrier  prior  to  the effective date of
17    this Article in order  to  ensure  its  conformity  with  the
18    requirements and policies of this Article. Any Certificate of
19    Service   Authority   may  be  altered  or  modified  by  the
20    Commission, after notice and hearing, upon its own motion  or
21    upon  application  of  the person or company affected. Unless
22    exercised within a period of  two  years  from  the  issuance
23    thereof,  authority  conferred  by  a  Certificate of Service
24    Authority shall be null and void.
25        (b)  The Commission may  issue  a  temporary  Certificate
26    which  shall  remain in force not to exceed one year in cases
27    of emergency, to assure maintenance of adequate service or to
28    serve  particular  customers,  without  notice  and  hearing,
29    pending  the  determination   of   an   application   for   a
30    Certificate,   and   may   by   regulation  exempt  from  the
31    requirements of this Section temporary acts or operations for
32    which the issuance of a certificate is not necessary  in  the
33    public interest and which will not be required therefor.
34        (c)  All   proceedings  conducted  pursuant  to  Sections
 
                            -45-              LRB9203638JStmA
 1    13-401, 13-404, and 13-405 shall be completed  with  90  days
 2    after the initiation of the proceeding.
 3    (Source: P.A. 87-856.)

 4        (220 ILCS 5/13-402) (from Ch. 111 2/3, par. 13-402)
 5        (Section scheduled to be repealed on July 1, 2001)
 6        Sec.   13-402.  Waiver  of  rules  and  procedures.   The
 7    Commission is authorized, in connection with the issuance  or
 8    modification   of  a  Certificate  of  Interexchange  Service
 9    Authority or the modification  of  a  certificate  of  public
10    convenience      and      necessity     for     interexchange
11    telecommunications  service,   to   waive   or   modify   the
12    application  of  its  rules,  general  orders,  procedures or
13    notice requirements when such action will reduce the economic
14    burdens of regulation and such waiver or modification is  not
15    inconsistent  with  the  law  or the purposes and policies of
16    this Article.
17        Any such waiver or modification that is or previously has
18    been granted to any interexchange telecommunications  carrier
19    which  has,  or  any  group of such carriers any one of which
20    has,  annual  revenues   exceeding   $10,000,000   shall   be
21    automatically  applied fully and equally to all such carriers
22    providing telecommunications services  with  annual  revenues
23    exceeding  $10,000,000  unless  the  Commission  specifically
24    finds,  after notice to all such carriers and a hearing, that
25    restricting the application of such waiver or modification to
26    only one such carrier or  some  group  of  such  carriers  is
27    consistent  with  and would promote the purposes and policies
28    of this Article  and  the  protection  of  telecommunications
29    customers.
30    (Source: P.A. 84-1063.)

31        (220 ILCS 5/13-404) (from Ch. 111 2/3, par. 13-404)
32        (Section scheduled to be repealed on July 1, 2001)
 
                            -46-              LRB9203638JStmA
 1        Sec.  13-404.  Resale  of  local  exchange services.  Any
 2    telecommunications carrier offering or providing  the  resale
 3    of  either local exchange or interexchange telecommunications
 4    service must first obtain a Certificate of Service Authority.
 5    The Commission shall approve an application for a Certificate
 6    for  the  resale   of   local   exchange   or   interexchange
 7    telecommunications  service  upon a showing by the applicant,
 8    and a finding by the Commission, after  notice  and  hearing,
 9    that  the applicant possesses sufficient technical, financial
10    and managerial resources and abilities to provide the  resale
11    of telecommunications service.
12    (Source: P.A. 84-1063.)

13        (220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)
14        (Section scheduled to be repealed on July 1, 2001)
15        Sec.    13-406.  Discontinuation    of    service.     No
16    telecommunications     carrier    offering    or    providing
17    noncompetitive telecommunications service pursuant to a valid
18    Certificate of Service Authority  or  certificate  of  public
19    convenience  and  necessity shall discontinue or abandon such
20    service once initiated until and unless it shall demonstrate,
21    and the Commission finds, after notice and hearing, that such
22    discontinuance or abandonment will not deprive  customers  of
23    any  necessary  or  essential  telecommunications  service or
24    access thereto and is not otherwise contrary  to  the  public
25    interest.    No   telecommunications   carrier   offering  or
26    providing  competitive   telecommunications   service   shall
27    discontinue  or  abandon  such  service once initiated except
28    upon 15  30  days  notice  to  the  Commission  and  affected
29    customers.   The  Commission may, upon its own motion or upon
30    complaint,  investigate  the   proposed   discontinuance   or
31    abandonment  of  a competitive telecommunications service and
32    may,  after  notice  and  hearing,  prohibit  such   proposed
33    discontinuance or abandonment if the Commission finds that it
 
                            -47-              LRB9203638JStmA
 1    would be contrary to the public interest.
 2    (Source: P.A. 84-1063.)

 3        (220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
 4        (Section scheduled to be repealed on July 1, 2001)
 5        Sec.  13-501.  Tariffs.   No  telecommunications  carrier
 6    shall  offer or provide telecommunications service unless and
 7    until a tariff is filed with the Commission  which  describes
 8    the  nature  of  the  service,  applicable  rates  and  other
 9    charges,  terms  and conditions of service, and the exchange,
10    exchanges, or other geographical area or  areas in which  the
11    service  shall  be  offered  or  provided  in accordance with
12    Section 9-201 and any other applicable provision of this Act.
13    The Commission may prescribe the form of such tariff and  any
14    additional  data  or  information  which  shall  be  included
15    therein.
16    (Source: P.A. 84-1063.)

17        (220 ILCS 5/13-504) (from Ch. 111 2/3, par. 13-504)
18        (Section scheduled to be repealed on July 1, 2001)
19        Sec.  13-504.  Application  of  ratemaking  provisions of
20    Article IX.
21        (a)  Except to  the  extent  where  the  context  clearly
22    renders   such   provisions   applicable   inapplicable,  the
23    ratemaking provisions of Article IX of this Act  relating  to
24    public  utilities are not fully and equally applicable to the
25    rates, charges, tariffs and classifications for the offer  or
26    provision   of  noncompetitive  telecommunications  services.
27    Further However, the ratemaking provisions do  not  apply  to
28    any  proposed change in rates or charges, any proposed change
29    in any classification or tariff  resulting  in  a  change  in
30    rates  or  charges,  or the establishment of new services and
31    rates  therefor   for   a   noncompetitive   local   exchange
32    telecommunications   service   offered   or  provided  by  an
 
                            -48-              LRB9203638JStmA
 1    incumbent a local  exchange  telecommunications  carrier,  as
 2    defined  in  Section 251(h) of the federal Telecommunications
 3    Act of 1996, with  no  more  than  35,000  subscriber  access
 4    lines.  Proposed  changes in rates, charges, classifications,
 5    or tariffs meeting these criteria shall be permitted upon the
 6    filing of the proposed tariff  and  30  days  notice  to  the
 7    Commission  and  all  potentially  affected  customers.   The
 8    proposed  changes  shall  not  be  subject to suspension. The
 9    Commission shall investigate whether any proposed  change  is
10    just and reasonable only if a telecommunications carrier that
11    is    a    customer   of   the   incumbent   local   exchange
12    telecommunications carrier or 10% of the potentially affected
13    access line  subscribers  of  the  incumbent  local  exchange
14    telecommunications carrier shall file a petition or complaint
15    requesting  an  investigation  of the proposed changes.  When
16    the telecommunications carrier  or  10%  of  the  potentially
17    affected  access  line  subscribers  of  an incumbent a local
18    exchange telecommunications carrier  file  a  complaint,  the
19    Commission  shall,  after  notice and hearing, have the power
20    and duty to establish the rates, charges, classifications, or
21    tariffs it finds to be just and reasonable.
22        (b)  Subsection  (c)  of  Section  13-502  and   Sections
23    13-505.1,  13-505.4, and 13-505.6, and 13-507 of this Article
24    do not apply to rates or charges or proposed changes in rates
25    or charges for applicable telecommunications  competitive  or
26    interexchange   services  when  offered  or  provided  by  an
27    incumbent a local  exchange  telecommunications  carrier,  as
28    defined  in  Section 251(h) of the federal Telecommunications
29    Act of 1996, with  no  more  than  35,000  subscriber  access
30    lines.   In  addition, Sections 13-514, 13-515, and 13-516 do
31    not apply  to  incumbent  local  exchange  telecommunications
32    carriers,  as  defined  herein,  with  no  more  than  35,000
33    subscriber   access   lines.    The  Commission  may  require
34    telecommunications  carriers  with  no   more   than   35,000
 
                            -49-              LRB9203638JStmA
 1    subscriber  access  lines  to  furnish  information  that the
 2    Commission deems necessary for a determination that rates and
 3    charges for any competitive  telecommunications  service  are
 4    just and reasonable.
 5        (c)  (Blank)  For  a  local  exchange  telecommunications
 6    carrier with no more than 35,000 access lines, the Commission
 7    shall  consider  and adjust, as appropriate, a local exchange
 8    telecommunications  carrier's  depreciation  rates  only   in
 9    ratemaking proceedings.
10        (d)  (Blank)  Article  VI and Sections 7-101 and 7-102 of
11    Article VII of  this  Act  pertaining  to  public  utilities,
12    public utility rates and services, and the regulation thereof
13    are   not  applicable  to  local  exchange  telecommunication
14    carriers with no more than 35,000 subscriber access lines.
15    (Source: P.A. 89-139, eff. 1-1-96; 90-185, eff. 7-23-97.)

16        (220 ILCS 5/13-505.2) (from Ch. 111 2/3, par. 13-505.2)
17        (Section scheduled to be repealed on July 1, 2001)
18        Sec. 13-505.2.  Nondiscrimination  in  the  provision  of
19    telecommunications      noncompetitive      services.       A
20    telecommunications  carrier  that  offers both noncompetitive
21    and competitive services shall offer  telecommunications  the
22    noncompetitive  services  under  the  same  rates, terms, and
23    conditions  without  unreasonable   discrimination   to   all
24    similarly  situated persons, including all telecommunications
25    carriers and competitors. Unreasonable  discrimination  shall
26    not  be deemed to include differing terms and conditions that
27    are in response to  competition   in  the  telecommunications
28    marketplace.  A  telecommunications  carrier  that  offers  a
29    noncompetitive  service together with any optional feature or
30    functionality shall offer the noncompetitive service together
31    with each optional feature or functionality  under  the  same
32    rates,    terms,    and   conditions   without   unreasonable
33    discrimination    to    all    persons,     including     all
 
                            -50-              LRB9203638JStmA
 1    telecommunications carriers and competitors.
 2    (Source: P.A. 87-856.)

 3        (220 ILCS 5/13-505.3) (from Ch. 111 2/3, par. 13-505.3)
 4        (Section scheduled to be repealed on July 1, 2001)
 5        Sec.      13-505.3.  Services      for     resale.      A
 6    telecommunications carrier that  offers  both  noncompetitive
 7    and  competitive  services shall offer all telecommunications
 8    noncompetitive  services,  together  with   each   applicable
 9    optional feature or functionality, subject to resale pursuant
10    to  the  same  terms  and  conditions  that  incumbent  local
11    exchange  carriers are required to offer services for resale;
12    however, the Commission may determine  under  Article  IX  of
13    this   Act  that  certain  telecommunications  noncompetitive
14    services, together with each applicable optional  feature  or
15    functionality,  that are offered to residence customers under
16    different rates, charges, terms, or conditions than to  other
17    customers  should  not  be subject to resale under the rates,
18    charges, terms, or conditions  available  only  to  residence
19    customers.
20    (Source: P.A. 87-856.)

21        (220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)
22        (Section scheduled to be repealed on July 1, 2001)
23        Sec.    13-505.4.    Provision    of   telecommunications
24    noncompetitive services.  (a)  A  telecommunications  carrier
25    that  offers  or provides a telecommunications noncompetitive
26    service, service element, feature, or functionality ("covered
27    service") on a separate, stand-alone basis  to  any  customer
28    shall provide that covered service, service element, feature,
29    or functionality pursuant to tariff to all persons, including
30    all   telecommunications   carriers   and   competitors,   in
31    accordance   with the provisions of this Article, except that
32    when the  covered service is requested by or on behalf  of  a
 
                            -51-              LRB9203638JStmA
 1    carrier    or   competitor,  the  covered   service  must  be
 2    necessary, and its failure to be provided must  substantially
 3    impair   the   ability   of  the   requestor   to  provide  a
 4    telecommunications service.
 5        (b)  A telecommunications carrier that offers or provides
 6    a  noncompetitive  service,  service  element,  feature,   or
 7    functionality  to  any  customer  as  part  of an offering of
 8    competitive services pursuant to  tariff  or  contract  shall
 9    publicly   disclose  the  offering  or  provisioning  of  the
10    noncompetitive  service,   service   element,   feature,   or
11    functionality  by filing with the Commission information that
12    generally describes the offering  or  provisioning  and  that
13    shows  the rates, terms, and conditions of the noncompetitive
14    service, service element, feature,  or  functionality.    The
15    information  shall  be filed with the Commission concurrently
16    with the filing of the  tariff  or  not  more  than  10  days
17    following  the  customer's  acceptance  of  the offering in a
18    contract.
19    (Source: P.A. 87-856.)

20        (220 ILCS 5/13-505.6) (from Ch. 111 2/3, par. 13-505.6)
21        (Section scheduled to be repealed on July 1, 2001)
22        Sec. 13-505.6.  Unbundling of noncompetitive services.  A
23    telecommunications carrier that provides both  noncompetitive
24    and competitive telecommunications services shall provide all
25    noncompetitive  telecommunications  services  on an unbundled
26    basis  to  the  same  extent   the   Federal   Communications
27    Commission  requires  any  that  carrier to unbundle the same
28    services provided under its  jurisdiction.  In  an  exchange,
29    rates for elements of the unbundled services shall not exceed
30    the rates of the incumbent local exchange carrier, as defined
31    in  Section 251(h) of the Telecommunications Act of 1996, for
32    those elements. The Illinois Commerce Commission may  require
33    additional  unbundling  of  noncompetitive telecommunications
 
                            -52-              LRB9203638JStmA
 1    services  over  which  it  has  jurisdiction   based   on   a
 2    determination,  after  notice  and  hearing,  that additional
 3    unbundling is in the public interest and is  consistent  with
 4    the policy goals and other provisions of this Act.
 5    (Source: P.A. 87-856.)

 6        (220 ILCS 5/13-505.7)
 7        (Section scheduled to be repealed on July 1, 2001)
 8        Sec.  13-505.7.  Interactive video learning tariffs.  The
 9    Commission shall permit telecommunications carriers to  offer
10    special  interactive video learning tariffs for the exclusive
11    use  of  qualified  educational  institutions.   Except   for
12    carriers subject to Section 13-504, the rates in such tariffs
13    shall not be less than the long run service incremental costs
14    of  providing interactive video learning services.  Qualified
15    educational  institutions  shall   be   limited   to   school
16    districts; public or private not-for-profit schools enrolling
17    more than 20 pupils for kindergarten grade or over up through
18    grade  12;  public or private degree granting, not-for-profit
19    colleges or universities; public  libraries  organized  under
20    the Public Library District Act of 1991 or the Illinois Local
21    Library Act; and regional library systems organized under the
22    Illinois  Library  System  Act.  Interactive  video  learning
23    consists  of  video,  data, voice, and electronic information
24    used by a qualified educational institution for  instruction,
25    learning,  and  training.  These  special  telecommunications
26    carrier  interactive  video  learning tariffs shall be exempt
27    from the provisions of Section Sections 9-241, 9-250, 13-502,
28    13-505.1, and  13-505.2  of  this  Act.   Provided,  however,
29    telecommunications   carriers  may  also  file  such  special
30    tariffs pursuant to  this  Section  and  in  accordance  with
31    Section 13-502.
32    (Source:  P.A.  89-141,  eff.  7-14-95; 90-279, eff. 7-31-97;
33    90-655, eff. 7-30-98.)
 
                            -53-              LRB9203638JStmA
 1        (220 ILCS 5/13-506.1) (from Ch. 111 2/3, par. 13-506.1)
 2        (Section scheduled to be repealed on July 1, 2001)
 3        Sec.  13-506.1.  Alternative  forms  of  regulation   for
 4    noncompetitive services.  Notwithstanding any other provision
 5    of  this  Act,  a  carrier  may  elect for its local exchange
 6    telecommunications service rates and charges to  be  governed
 7    by  an  alternative  form  of  regulation. Under this form of
 8    regulation, the carrier must agree that its rates and charges
 9    for  local  exchange  telecommunications  services  will  not
10    exceed those in effect on the date of this amendatory Act  of
11    the  92nd  General  Assembly for a period of 2 years.  At the
12    end of the 2-year period and at the end  of  each  subsequent
13    annual period, prices for services subject to the plan may be
14    altered  by  an  amount  that  does  not  exceed  75%  of the
15    percentage change in Gross  Domestic  Product  Index  (GDPPI)
16    from  the  prior one year period.  The GDPPI measure shall be
17    that determined and published by the United States Department
18    of Commerce.
19        To elect to be governed  under  an  alternative  form  of
20    regulation,  the  carrier  need only notify the Commission of
21    its intent and attach  relevant  tariff  pages  demonstrating
22    that  the  rates and charges that are subject to the cap were
23    those in effect on the date of this  amendatory  Act  of  the
24    92nd General Assembly.
25        A  carrier not electing an alternative form of regulation
26    for its local exchange telecommunications  service  shall  be
27    subject  to  the  rate-making provisions of Article IX or the
28    small carrier provision set forth in Section 13-504  of  this
29    Act, as applicable.
30        (a)  Notwithstanding  any of the ratemaking provisions of
31    this Article or Article IX that are deemed to require rate of
32    return regulation, the Commission may  implement  alternative
33    forms of regulation in order to establish just and reasonable
34    rates    for   noncompetitive   telecommunications   services
 
                            -54-              LRB9203638JStmA
 1    including, but not limited  to,  price  regulation,  earnings
 2    sharing,  rate  moratoria,  or  a network modernization plan.
 3    The Commission is authorized  to  adopt  different  forms  of
 4    regulation to fit the particular characteristics of different
 5    telecommunications carriers and their service areas.
 6        In  addition  to  the  public  policy  goals  declared in
 7    Section 13-103, the Commission shall consider, in determining
 8    the appropriateness of any alternative  form  of  regulation,
 9    whether it will:
10             (1)  reduce regulatory delay and costs over time;
11             (2)  encourage innovation in services;
12             (3)  promote efficiency;
13             (4)  facilitate the broad dissemination of technical
14        improvements to all classes of ratepayers;
15             (5)  enhance economic development of the State; and
16             (6)  provide for fair, just, and reasonable rates.
17        (b)  A      telecommunications      carrier     providing
18    noncompetitive telecommunications services may  petition  the
19    Commission   to   regulate   the  rates  or  charges  of  its
20    noncompetitive  services  under  an   alternative   form   of
21    regulation.  The telecommunications carrier shall submit with
22    its  petition its plan for an alternative form of regulation.
23    The Commission shall review and  may  modify  or  reject  the
24    carrier's  proposed  plan.   The Commission also may initiate
25    consideration  of  alternative  forms  of  regulation  for  a
26    telecommunications carrier on its own motion. The  Commission
27    may  approve  the  plan  or  modified  plan and authorize its
28    implementation only if it finds, after  notice  and  hearing,
29    that the plan or modified plan at a minimum:
30             (1)  is in the public interest;
31             (2)  will  produce  fair, just, and reasonable rates
32        for telecommunications services;
33             (3)  responds  to  changes  in  technology  and  the
34        structure of the telecommunications industry that are, in
 
                            -55-              LRB9203638JStmA
 1        fact, occurring;
 2             (4)  constitutes  a   more   appropriate   form   of
 3        regulation    based    on    the   Commission's   overall
 4        consideration of the policy goals set  forth  in  Section
 5        13-103 and this Section;
 6             (5)  specifically  identifies  how  ratepayers  will
 7        benefit  from  any efficiency gains, cost savings arising
 8        out  of  the  regulatory  change,  and  improvements   in
 9        productivity due to technological change;
10             (6)  will  maintain  the quality and availability of
11        telecommunications services; and
12             (7)  will not unduly or  unreasonably  prejudice  or
13        disadvantage  any  particular  customer  class, including
14        telecommunications carriers.
15        (c)  An alternative regulation plan approved  under  this
16    Section shall provide, as a condition for Commission approval
17    of  the  plan,  that  for  the  first  3 years the plan is in
18    effect, basic residence service rates shall be no higher than
19    those rates in effect 180 days before the filing of the plan.
20    This provision shall  not  be  used  as  a  justification  or
21    rationale  for  an  increase  in  basic service rates for any
22    other customer class.  For purposes of this  Section,  "basic
23    residence service rates" shall mean monthly recurring charges
24    for  the  telecommunications  carrier's lowest priced primary
25    residence network access lines,  along  with  any  associated
26    untimed  or  flat  rate local usage charges.  Nothing in this
27    subsection (c) shall preclude the Commission  from  approving
28    an   alternative   regulation   plan  that  results  in  rate
29    reductions provided all the requirements  of  subsection  (b)
30    are satisfied by the plan.
31        (d)  Any  alternative  form  of  regulation granted for a
32    multi-year period under this Section shall provide for annual
33    or more frequent reporting to the Commission to document that
34    the requirements of the plan are being properly implemented.
 
                            -56-              LRB9203638JStmA
 1        (e)  Upon petition by the telecommunications  carrier  or
 2    any  other  person or upon its own motion, the Commission may
 3    rescind its approval of an alternative form of regulation if,
 4    after notice and hearing, it finds that  the  conditions  set
 5    forth  in  subsection  (b)  of  this Section can no longer be
 6    satisfied.  Any person may file a complaint alleging that the
 7    rates  charged  by  a  telecommunications  carrier  under  an
 8    alternative  form   of   regulation   are   unfair,   unjust,
 9    unreasonable,  unduly  discriminatory,  or  are otherwise not
10    consistent with the requirements of this  Article;  provided,
11    that  the  complainant  shall  bear the burden of proving the
12    allegations in the complaint.
13        (f)  Nothing  in  this  Section  shall  be  construed  to
14    authorize the Commission to render Sections 9-241, 9-250, and
15    13-505.2 inapplicable to noncompetitive services.
16    (Source: P.A. 87-856.)

17        (220 ILCS 5/13-508) (from Ch. 111 2/3, par. 13-508)
18        (Section scheduled to be repealed on July 1, 2001)
19        Sec. 13-508.  Joint marketing  by  affiliated  interests.
20    No  provision  of  this  Act  or  any  Commission order shall
21    prohibit the joint marketing of  telecommunications  services
22    by  "affiliated  interests"  as that term is defined in items
23    (a) through (h) of subparagraph (ii)  of  subsection  (2)  of
24    Section  7-101  of  this  Act.  The Commission is authorized,
25    after notice  and  hearing,  to  order  a  telecommunications
26    carrier   which  offers  or  provides  both  competitive  and
27    noncompetitive  telecommunications  service  to  establish  a
28    fully separated subsidiary to provide all  or  part  of  such
29    competitive service where:
30        (a)  no  less  costly means is available and effective in
31    fully and properly identifying and allocating  costs  between
32    such     carrier's     competitive     and     noncompetitive
33    telecommunications services; and
 
                            -57-              LRB9203638JStmA
 1        (b)  the incremental cost of establishing and maintaining
 2    such  subsidiary  would  not  require  increases  in rates or
 3    charges to levels which would effectively preclude the  offer
 4    or  provision  of the affected competitive telecommunications
 5    service.
 6    (Source: P.A. 84-1063.)

 7        (220 ILCS 5/13-512)
 8        (Section scheduled to be repealed on July 1, 2001)
 9        Sec. 13-512.  Rules; review.  The Commission  shall  have
10    general  rulemaking  authority  to  make  rules  necessary to
11    enforce this Article.  However, not later than 270 days after
12    the effective date of this amendatory Act of 1997, and  every
13    2  years  thereafter,  the  Commission shall review all rules
14    issued under this Article that apply  to  the  operations  or
15    activities  of  any telecommunications carriers carrier.  The
16    Commission shall, after notice and hearing, repeal or  modify
17    any rule it determines to be no longer in the public interest
18    as  the  result of the reasonable availability of competition
19    competitive telecommunications services. As   part   of   the
20    review,  the  Commission  shall  ensure  that  all  rules not
21    repealed, including  but  not  limited  to  rules  addressing
22    service    quality,    are    equally   applicable   to   all
23    telecommunications carriers and that any waiver of a rule  as
24    to  any  carrier  shall  apply equally to all other carriers.
25    The Commission shall provide  a  report  to  the  Legislature
26    after  each  2-year  review  period  summarizing   the review
27    process undertaken and certifying the  equal  application  of
28    its rules to telecommunications carriers.
29    (Source: P.A. 90-185, eff. 7-23-97.)

30        (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)
31        (Section scheduled to be repealed on July 1, 2001)
32        Sec.  13-703.  Devices for persons with speech or hearing
 
                            -58-              LRB9203638JStmA
 1    disabilities.
 2        (a)  The Commission shall design and implement a  program
 3    whereby   each  telecommunications  carrier  providing  local
 4    exchange service shall provide  a  telecommunications  device
 5    capable  of  servicing  the  needs  of  those  persons with a
 6    hearing or speech disability together  with  a  single  party
 7    line,  at no charge additional to the basic exchange rate, to
 8    any subscriber who is certified as having a hearing or speech
 9    disability   by   a   licensed   physician,   speech-language
10    pathologist, audiologist or a qualified State agency  and  to
11    any  subscriber which is an organization serving the needs of
12    those  persons  with  a  hearing  or  speech  disability   as
13    determined  and  specified  by  the  Commission  pursuant  to
14    subsection (d).
15        (b)  The Commission shall design and implement a program,
16    whereby   each  telecommunications  carrier  providing  local
17    exchange service shall  provide  a  telecommunications  relay
18    system,  using  third  party  intervention  to  connect those
19    persons having a hearing or speech disability with persons of
20    normal hearing by way of intercommunications devices and  the
21    telephone  system,  making available reasonable access to all
22    phases of public telephone service  to  persons  who  have  a
23    hearing   or   speech  disability.   In  order  to  design  a
24    telecommunications  relay  system   which   will   meet   the
25    requirements  of  those  persons  with  a  hearing  or speech
26    disability available at a  reasonable  cost,  the  Commission
27    shall  initiate  an investigation and conduct public hearings
28    to determine the  most  cost-effective  method  of  providing
29    telecommunications  relay service to those persons who have a
30    hearing or speech disability  when  using  telecommunications
31    devices and therein solicit the advice, counsel, and physical
32    assistance of Statewide nonprofit consumer organizations that
33    serve  persons  with  hearing  or speech disabilities in such
34    hearings and during the development and implementation of the
 
                            -59-              LRB9203638JStmA
 1    system.  The Commission shall phase in  this  program,  on  a
 2    geographical  basis,  as soon as is practicable, but no later
 3    than June 30, 1990.
 4        (c)  The  Commission  shall  establish  a  rate  recovery
 5    mechanism, authorizing charges in an amount to be  determined
 6    by  the  Commission  for  each  line of a subscriber to allow
 7    telecommunications carriers providing local exchange  service
 8    to recover costs as they are incurred under this Section.
 9        (d)  The  Commission  shall  determine  and specify those
10    organizations serving the needs of  those  persons  having  a
11    hearing   or   speech   disability   that   shall  receive  a
12    telecommunications device and in which offices the  equipment
13    shall be installed in the case of an organization having more
14    than   one   office.   For  the  purposes  of  this  Section,
15    "organizations  serving  the  needs  of  those  persons  with
16    hearing or speech disabilities" means centers for independent
17    living as described in Section 12a of  the  Disabled  Persons
18    Rehabilitation  Act  and  not-for-profit  organizations whose
19    primary purpose is serving the needs of  those  persons  with
20    hearing  or speech disabilities.  The Commission shall direct
21    the telecommunications carriers subject to  its  jurisdiction
22    and  this  Section  to  comply  with  its  determinations and
23    specifications in this regard.
24        (e)  As   used    in    this    Section,    the    phrase
25    "telecommunications carrier providing local exchange service"
26    includes, without otherwise limiting the meaning of the term,
27    telecommunications carriers which are purely mutual concerns,
28    having  no  rates  or  charges  for  services, but paying the
29    operating expenses by assessment upon the members of  such  a
30    company and no other person.
31    (Source: P.A. 88-497.)

32        (220 ILCS 5/13-803) (from Ch. 111 2/3, par. 13-803)
33        (Section scheduled to be repealed on July 1, 2001)
 
                            -60-              LRB9203638JStmA
 1        Sec.  13-803.  Repealer.  The  provisions of this Article
 2    XIII are repealed effective July 1, 2006 2001.
 3    (Source: P.A. 90-185, eff. 7-23-97.)

 4        (220 ILCS 5/13-901) (from Ch. 111 2/3, par. 13-901)
 5        (Section scheduled to be repealed on July 1, 2001)
 6        Sec. 13-901.  Operator Service Provider.
 7        (a)  For the purposes of this Section:
 8             (1)  "Operator   service   provider"   means   every
 9        telecommunications   carrier   that   provides   operator
10        services  or  any  other  person  or  entity   that   the
11        Commission determines is providing operator services.
12             (2)  "Aggregator" means any person or entity that is
13        not an operator service provider and that in the ordinary
14        course  of  its  operations makes telephones available to
15        the  public  or  to  transient  users  of  its   premises
16        including,  but not limited to, a hotel, motel, hospital,
17        or university for telephone calls between  points  within
18        this  State  that  are  specified  by  the  user using an
19        operator service provider.
20             (3)  "Operator       services"       means       any
21        telecommunications service that includes, as a component,
22        any automatic or live assistance to a consumer to arrange
23        for billing or completion, or both, of a  telephone  call
24        between  points  within  this State that are specified by
25        the user through a method other than:
26                  (A)  automatic completion with billing  to  the
27             telephone from which the call originated;
28                  (B)  completion  through  an  access  code or a
29             proprietory account number  used  by  the  consumer,
30             with  billing  to  an account previously established
31             with the carrier by the consumer; or
32                  (C)  completion in association  with  directory
33             assistance services.
 
                            -61-              LRB9203638JStmA
 1        (b)  Notwithstanding  any  other  provision  of this Act,
 2    this Section applies to  operator  services  providers.   The
 3    Commission  shall,  by  rule  or  order,  adopt  and  enforce
 4    operating requirements for the provision of operator-assisted
 5    services. The rules shall apply to operator service providers
 6    and  to  aggregators.  The rules shall be compatible with the
 7    rules  adopted by the Federal Communications Commission under
 8    the federal Telephone Operator Consumer Services  Improvement
 9    Act  of  1990.  These  requirements  shall  address,  but not
10    necessarily be limited to, the following:
11             (1)  oral and written notification of  the  identity
12        of  the operator service provider and the availability of
13        information regarding operator  service  provider  rates,
14        collection methods, and complaint resolution methods;
15             (2)  restrictions   on   billing   and  charges  for
16        operator services;
17             (3)  restrictions on "call splashing" as  that  term
18        is defined in 47 C.F.R. Section 64.708;
19             (4)  access  to other telecommunications carriers by
20        the use of access codes including,  but  not  limited  to
21        800, 888, 950, and 10XXX numbers;
22             (5)  the   appropriate   routing   and  handling  of
23        emergency calls;
24             (6)  the enforcement of these rules through  tariffs
25        for  operator services and by a requirement that operator
26        service providers withhold  payment  of  compensation  to
27        aggregators  that  have  been found to be noncomplying by
28        the Commission.
29        (c)  The Commission shall adopt  any  rule  necessary  to
30    make  rules  previously adopted under this Section compatible
31    with the rules of the Federal  Communications  Commission  no
32    later  than  one  year  after  the  effective  date  of  this
33    amendatory Act of 1993.
34        (d)  A  violation  of  any rule adopted by the Commission
 
                            -62-              LRB9203638JStmA
 1    under subsection (b) is a business offense subject to a  fine
 2    of  not  less than $1,000 nor more than $5,000.  In addition,
 3    the Commission may,  after  notice  and  hearing,  order  any
 4    telecommunications   carrier  to  terminate  service  to  any
 5    aggregator found to have violated any rule.
 6    (Source: P.A. 90-38, eff. 6-27-97; 91-49, eff. 6-30-99.)

 7        (220 ILCS 5/9-222.3 rep.)
 8        (220 ILCS 5/13-205 rep.)
 9        (220 ILCS 5/13-209 rep.)
10        (220 ILCS 5/13-210 rep.)
11        (220 ILCS 5/13-402.1 rep.)
12        (220 ILCS 5/13-403 rep.)
13        (220 ILCS 5/13-405.1 rep.)
14        (220 ILCS 5/13-407 rep.)
15        (220 ILCS 5/13-502 rep.)
16        (220 ILCS 5/13-503 rep.)
17        (220 ILCS 5/13-505 rep.)
18        (220 ILCS 5/13-505.1 rep.)
19        (220 ILCS 5/13-505.5 rep.)
20        (220 ILCS 5/13-506 rep.)
21        (220 ILCS 5/13-507 rep.)
22        (220 ILCS 5/13-508.1 rep.)
23        (220 ILCS 5/13-509 rep.)
24        (220 ILCS 5/13-601 rep.)
25        (220 ILCS 5/13-802 rep.)
26        Section 90.  The  Public  Utilities  Act  is  amended  by
27    repealing Sections 9-222.3, 13-205, 13-209, 13-210, 13-402.1,
28    13-403,  13-405.1,  13-407, 13-502, 13-503, 13-505, 13-505.1,
29    13-505.5,  13-506,  13-507,  13-508.1,  13-509,  13-601,  and
30    13-802.

31        Section 99.  Effective date.  This Act takes effect  upon
32    becoming law.
 
                            -63-              LRB9203638JStmA
 1                                INDEX
 2               Statutes amended in order of appearance
 3    220 ILCS 65/4             from Ch. 134, par. 20
 4    220 ILCS 5/4-402          from Ch. 111 2/3, par. 4-402
 5    220 ILCS 5/5-104          from Ch. 111 2/3, par. 5-104
 6    220 ILCS 5/5-109          from Ch. 111 2/3, par. 5-109
 7    220 ILCS 5/8-406          from Ch. 111 2/3, par. 8-406
 8    220 ILCS 5/8-509          from Ch. 111 2/3, par. 8-509
 9    220 ILCS 5/9-201          from Ch. 111 2/3, par. 9-201
10    220 ILCS 5/10-101         from Ch. 111 2/3, par. 10-101
11    220 ILCS 5/10-101.5 new
12    220 ILCS 5/10-103         from Ch. 111 2/3, par. 10-103
13    220 ILCS 5/10-103.5 new
14    220 ILCS 5/10-108         from Ch. 111 2/3, par. 10-108
15    220 ILCS 5/10-114 new
16    220 ILCS 5/13-100         from Ch. 111 2/3, par. 13-100
17    220 ILCS 5/13-101         from Ch. 111 2/3, par. 13-101
18    220 ILCS 5/13-102         from Ch. 111 2/3, par. 13-102
19    220 ILCS 5/13-103         from Ch. 111 2/3, par. 13-103
20    220 ILCS 5/13-202         from Ch. 111 2/3, par. 13-202
21    220 ILCS 5/13-203         from Ch. 111 2/3, par. 13-203
22    220 ILCS 5/13-203.5 new
23    220 ILCS 5/13-204         from Ch. 111 2/3, par. 13-204
24    220 ILCS 5/13-300 new
25    220 ILCS 5/13-301         from Ch. 111 2/3, par. 13-301
26    220 ILCS 5/13-301.1       from Ch. 111 2/3, par. 13-301.1
27    220 ILCS 5/13-303 new
28    220 ILCS 5/13-304 new
29    220 ILCS 5/13-401         from Ch. 111 2/3, par. 13-401
30    220 ILCS 5/13-402         from Ch. 111 2/3, par. 13-402
31    220 ILCS 5/13-404         from Ch. 111 2/3, par. 13-404
32    220 ILCS 5/13-406         from Ch. 111 2/3, par. 13-406
33    220 ILCS 5/13-501         from Ch. 111 2/3, par. 13-501
34    220 ILCS 5/13-504         from Ch. 111 2/3, par. 13-504
 
                            -64-              LRB9203638JStmA
 1    220 ILCS 5/13-505.2       from Ch. 111 2/3, par. 13-505.2
 2    220 ILCS 5/13-505.3       from Ch. 111 2/3, par. 13-505.3
 3    220 ILCS 5/13-505.4       from Ch. 111 2/3, par. 13-505.4
 4    220 ILCS 5/13-505.6       from Ch. 111 2/3, par. 13-505.6
 5    220 ILCS 5/13-505.7
 6    220 ILCS 5/13-506.1       from Ch. 111 2/3, par. 13-506.1
 7    220 ILCS 5/13-508         from Ch. 111 2/3, par. 13-508
 8    220 ILCS 5/13-512
 9    220 ILCS 5/13-703         from Ch. 111 2/3, par. 13-703
10    220 ILCS 5/13-803         from Ch. 111 2/3, par. 13-803
11    220 ILCS 5/13-901         from Ch. 111 2/3, par. 13-901
12    220 ILCS 5/9-222.3 rep.
13    220 ILCS 5/13-205 rep.
14    220 ILCS 5/13-209 rep.
15    220 ILCS 5/13-210 rep.
16    220 ILCS 5/13-402.1 rep.
17    220 ILCS 5/13-403 rep.
18    220 ILCS 5/13-405.1 rep.
19    220 ILCS 5/13-407 rep.
20    220 ILCS 5/13-502 rep.
21    220 ILCS 5/13-503 rep.
22    220 ILCS 5/13-505 rep.
23    220 ILCS 5/13-505.1 rep.
24    220 ILCS 5/13-505.5 rep.
25    220 ILCS 5/13-506 rep.
26    220 ILCS 5/13-507 rep.
27    220 ILCS 5/13-508.1 rep.
28    220 ILCS 5/13-509 rep.
29    220 ILCS 5/13-601 rep.
30    220 ILCS 5/13-802 rep.

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