State of Illinois
92nd General Assembly
Legislation

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92_SB0582

 
                                               LRB9207660JScs

 1        AN ACT concerning telecommunications carriers.

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

 4        Section  5.  The  Public  Utilities  Act  is  amended  by
 5    adding Section 13-303 as follows:

 6        (220 ILCS 5/13-303 new)
 7        Sec. 13-303. Service quality standards; penalties.
 8        (a)  The Commission is authorized to enforce the  service
 9    quality  standards  established  in  this  Section  for local
10    exchange carriers. The Commission may issue  rules  necessary
11    to  implement the provisions of this Section.
12        (b)  If  a  customer's  local exchange telecommunications
13    service is disrupted and remains disrupted for more  than  24
14    hours    after    the   disruption   is   reported   to   the
15    telecommunications  carrier  providing  that   service,   the
16    carrier must issue a refund to the  customer unless:
17             (1)  the   service   disruption  is  caused  by  the
18        customer or the customer's  telecommunications equipment;
19             (2)  the service disruption is caused by an  act  of
20        God, military action, war, insurrection, riot, or strike;
21        or
22             (3)  the  customer misses the repair appointment and
23        the carrier  is  unable  to  obtain  access  to  fix  the
24        problem.
25        If  the  service  disruption is for 48 hours or less, the
26    refund must be equal to the pro-rata portion of  the  monthly
27    charges  for  all  local  services  disrupted. If the service
28    disruption is for more than 48 hours, but not  more  than  72
29    hours,  the  refund  must  be  equal  to  at least 33% of one
30    month's charges for all  local  services  disrupted.  If  the
31    service  disruption  is  for more than 72 hours, but not more
 
                            -2-                LRB9207660JScs
 1    than 96 hours, the refund must be equal to at  least  67%  of
 2    one  month's charges for all local services disrupted. If the
 3    service disruption is for more than 96 hours, the refund must
 4    be equal to  one  month's  charges  for  all  local  services
 5    disrupted.
 6        (c)  If a local exchange carrier fails to install service
 7    within 5 business days after the service order is placed, the
 8    carrier must waive 50% of any installation charge. If a local
 9    exchange  carrier fails to install service within 10 business
10    days after the service order  is  placed,  the  carrier  must
11    waive 100% of any installation charge.
12        The  requirements  of  this  subsection,  however, do not
13    apply when  the  installation  involves  special  service  or
14    equipment,  an  application for new service in an undeveloped
15    area  where  no  facilities  exist,  or  the   applicant   or
16    subscriber has not met tariff requirements.
17        (d)  If  a  local  exchange  carrier  fails  to  keep  an
18    installation  appointment,  the  carrier  must  refund to the
19    customer 50% of any installation charges. If a local exchange
20    carrier fails to keep an on-premise repair appointment or  an
21    outside   repair  commitment  the  carrier  must  credit  the
22    customer's bill  for  at  least  50%  of  customer's  monthly
23    charges for local service. A carrier must inform the customer
24    of   these   obligations  at  the  time  the  appointment  or
25    commitment is made.
26        The requirements of  this  subsection,  however,  do  not
27    apply  if  the  carrier  provides the customer with notice 24
28    hours before the appointment  or  commitment  time  that  the
29    carrier   will  not  be  able  to  keep  the  appointment  or
30    commitment or if a natural disaster prevents the carrier from
31    keeping the appointment or commitment.
32        (e)  If a customer is erroneously omitted from the  local
33    exchange  carrier's  phone  book  or  if the customer's phone
34    number is incorrect, the carrier must credit  the  customer's
 
                            -3-                LRB9207660JScs
 1    bill  for  an amount at least equal to the customer's charges
 2    for 3 months of local service.
 3        (f)  If a local exchange carrier undercharges a customer,
 4    the maximum amount the carrier may charge in any one month to
 5    recover the undercharge is an amount determined  by  dividing
 6    the  amount  of  the undercharge by the number of months that
 7    the undercharge was in effect. If a  local  exchange  carrier
 8    overcharges  a  customer, the overcharge plus interest at the
 9    statutory rate must be refunded  to  the  customer  within  2
10    billing periods after the overcharge is discovered.
11        The  carrier must notify the customer of the amount to be
12    collected or refunded no later than the time of  the  billing
13    statement  for  the  second  billing after the discrepancy is
14    discovered.
15        A local exchange carrier may not recover any  service  or
16    billing  fee  under this subsection. A local exchange carrier
17    may not disconnect service to a  customer  in  an  effort  to
18    collect   an  undercharge  that  is  recoverable  under  this
19    subsection.
20        Adjustments to a customer's account must be made  in  the
21    form of a direct payment  or a credit to the account.
22        (g)  This Section is inoperative after July 1, 2006.

23        Section  99.  Effective  date. This Act takes effect upon
24    becoming law.

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