Public Act 100-0719
 
SB2908 EnrolledLRB100 19089 SMS 34346 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Public Utilities Act is amended by changing
Section 13-406.1 as follows:
 
    (220 ILCS 5/13-406.1)
    (Section scheduled to be repealed on December 31, 2020)
    Sec. 13-406.1. Large Electing Provider transition to
IP-based networks and service.
    (a) As used in this Section:
    "Alternative voice service" means service that includes
all of the applicable functionalities for voice telephony
services described in 47 CFR 54.101(a).
    "Existing customer" means a residential customer of the
Large Electing Provider who is subscribing to a
telecommunications service on the date the Large Electing
Provider sends its notice under paragraph (1) of subsection (c)
of this Section of its intent to cease offering and providing
service. For purposes of this Section, a residential customer
of the Large Electing Provider whose service has been
temporarily suspended, but not finally terminated as of the
date that the Large Electing Provider sends that notice, shall
be deemed to be an "existing customer".
    "Large Electing Provider" means an Electing Provider, as
defined in Section 13-506.2 of this Act, that (i) reported in
its annual competition report for the year 2016 filed with the
Commission under Section 13-407 of this Act and 83 Ill. Adm.
Code 793 that it provided at least 700,000 access lines to end
users; and (ii) is affiliated with a provider of commercial
mobile radio service, as defined in 47 CFR 20.3, as of January
1, 2017.
    "New customer" means a residential customer who is not
subscribing to a telecommunications service provided by the
Large Electing Provider on the date the Large Electing Provider
sends its notice under paragraph (1) of subsection (c) of this
Section of its intent to cease offering and providing that
service.
    "Provider" includes every corporation, company,
association, firm, partnership, and individual and their
lessees, trustees, or receivers appointed by a court that sell
or offer to sell an alternative voice service.
    "Reliable access to 9-1-1" means access to 9-1-1 that
complies with the applicable rules, regulations, and
guidelines established by the Federal Communications
Commission and the applicable provisions of the Emergency
Telephone System Act and implementing rules.
    "Willing provider" means a provider that voluntarily
participates in the request for service process.
    (b) Beginning June 30, 2017, a Large Electing Provider may,
to the extent permitted by and consistent with federal law,
including, as applicable, approval by the Federal
Communications Commission of the discontinuance of the
interstate-access component of a telecommunications service,
cease to offer and provide a telecommunications service to an
identifiable class or group of customers, other than voice
telecommunications service to residential customers or a
telecommunications service to a class of customers under
subsection (b-5) of this Section, upon 60 days' notice to the
Commission and affected customers.
    (b-5) Notwithstanding any provision to the contrary in this
Section 13-406.1, beginning December 31, 2021, a Large Electing
Provider may, to the extent permitted by and consistent with
federal law, including, if applicable, approval by the Federal
Communications Commission of the discontinuance of the
interstate-access component of a telecommunication service,
cease to offer and provide a telecommunications service to one
or more of the following classes or groups of customers upon 60
days' notice to the Commission and affected customers: (1)
electric utilities, as defined in Section 16-102 of this Act;
(2) public utilities, as defined in Section 3-105 of this Act,
that offers natural gas or water services; (3) electric, gas,
and water utilities that are excluded from the definition of
public utility under paragraph (1) of subsection (b) of Section
3-105 of this Act; (4) water companies as described in
paragraph (2) of subsection (b) of Section 3-105 of this Act;
(5) natural gas cooperatives as described in paragraph (4) of
subsection (b) of Section 3-105 of this Act; (6) electric
cooperatives as defined in Section 3-119 of this Act; (7)
entities engaged in the commercial generation of electric power
and energy; (8) the functional divisions of public agencies, as
defined in Section 2 of the Emergency Telephone System Act,
that provide police or firefighting services; and (9) 9-1-1
Authorities, as defined in Section 2 of the Emergency Telephone
System Act; provided that the date shall be extended to
December 21, 2022, for (i) an electric utility, as defined in
Section 16-102 of this Act, that serves more than 3 million
customers in the State; and (ii) an entity engaged in the
commercial generation of electric power and energy that
operates one or more nuclear power plants in the State.
    (c) Beginning June 30, 2017, a Large Electing Provider may,
to the extent permitted by and consistent with federal law,
cease to offer and provide voice telecommunications service to
an identifiable class or group of residential customers, which,
for the purposes of this subsection (c), shall be referred to
as "requested service", subject to compliance with the
following requirements:
        (1) No less than 255 days prior to providing notice to
    the Federal Communications Commission of its intent to
    discontinue the interstate-access component of the
    requested service, the Large Electing Provider shall:
            (A) file a notice of the proposed cessation of the
        requested service with the Commission, which shall
        include a statement that the Large Electing Provider
        will comply with any service discontinuance rules and
        regulations of the Federal Communications Commission
        pertaining to compatibility of alternative voice
        services with medical monitoring devices; and
            (B) provide notice of the proposed cessation of the
        requested service to each of the Large Electing
        Provider's existing customers within the affected
        geographic area by first-class mail separate from
        customer bills. If the customer has elected to receive
        electronic billing, the notice shall be sent
        electronically and by first-class mail separate from
        customer bills. The notice provided under this
        subparagraph (B) shall describe the requested service,
        identify the earliest date on which the Large Electing
        Provider intends to cease offering or providing the
        telecommunications service, provide a telephone number
        by which the existing customer may contact a service
        representative of the Large Electing Provider, and
        provide a telephone number by which the existing
        customer may contact the Commission's Consumer
        Services Division. The notice shall also include the
        following statement in English and in Spanish:
                "If you do not believe that an alternative
            voice service including reliable access to 9-1-1
            is available to you, from either [name of Large
            Electing Provider] or another provider of wired or
            wireless voice service where you live, you have the
            right to request the Illinois Commerce Commission
            to investigate the availability of alternative
            voice service including reliable access to 9-1-1.
            To do so, you must submit such a request either in
            writing or by signing and returning a copy of this
            notice, no later than (insert date), 60 days after
            the date of the notice to the following address:
            Chief Clerk of the Illinois Commerce Commission
            527 East Capitol Avenue
            Springfield, Illinois 62706
                You must include in your request a reference to
            the notice you received from [Large Electing
            Provider's name] and the date of notice.".
            Thirty days following the date of notice, the Large
        Electing Provider shall provide each customer to which
        the notice was sent a follow-up notice containing the
        same information and reminding customers of the
        deadline for requesting the Commission to investigate
        alternative voice service with access to 9-1-1.
        (2) After June 30, 2017, and only in a geographic area
    for which a Large Electing Provider has provided notice of
    proposed cessation of the requested service to existing
    customers under paragraph (1) of this subsection (c), an
    existing customer of that provider may, within 60 days
    after issuance of such notice, request the Commission to
    investigate the availability of alternative voice service
    including reliable access to 9-1-1 to that customer. For
    the purposes of this paragraph (2), existing customers who
    make such a request are referred to as "requesting existing
    customers". The Large Electing Provider may cease to offer
    or provide the requested service to existing customers who
    do not make a request for investigation beginning 30 days
    after issuance of the notice required by paragraph (5) of
    this subsection (c).
            (A) In response to all requests and investigations
        under this paragraph (2), the Commission shall conduct
        a single investigation to be commenced 75 days after
        the receipt of notice under paragraph (1) of this
        subsection (c), and completed within 135 days after
        commencement. The Commission shall, within 135 days
        after commencement of the investigation, make one of
        the findings described in subdivisions (i) and (ii) of
        this subparagraph (A) for each requesting existing
        customer.
                (i) If, as a result of the investigation, the
            Commission finds that service from at least one
            provider offering alternative voice service
            including reliable access to 9-1-1 through any
            technology or medium is available to one or more
            requesting existing customers, the Commission
            shall declare by order that, with respect to each
            requesting existing customer for which such a
            finding is made, the Large Electing Provider may
            cease to offer or provide the requested service
            beginning 30 days after the issuance of the notice
            required by paragraph (5) of this subsection (c).
                (ii) If, as a result of the investigation, the
            Commission finds that service from at least one
            provider offering alternative voice service,
            including reliable access to 9-1-1, through any
            technology or medium is not available to one or
            more requesting existing customers, the Commission
            shall declare by order that an emergency exists
            with respect to each requesting existing customer
            for which such a finding is made.
            (B) If the Commission declares an emergency under
        subdivision (ii) of subparagraph (A) of this paragraph
        (2) with respect to one or more requesting existing
        customers, the Commission shall conduct a request for
        service process to identify a willing provider of
        alternative voice service including reliable access to
        9-1-1. A provider shall not be required to participate
        in the request for service process. The willing
        provider may utilize any form of technology that is
        capable of providing alternative voice service
        including reliable access to 9-1-1, including, without
        limitation, Voice over Internet Protocol services and
        wireless services. The Commission shall, within 45
        days after the issuance of an order finding that an
        emergency exists, make one of the determinations
        described in subdivisions (i) and (ii) of this
        subparagraph (B) for each requesting existing customer
        for which an emergency has been declared.
                (i) If the Commission determines that another
            provider is willing and capable of providing
            alternative voice service including reliable
            access to 9-1-1 to one or more requesting existing
            customers for which an emergency has been
            declared, the Commission shall declare by order
            that, with respect to each requesting existing
            customer for which such a determination is made,
            the Large Electing Provider may cease to offer or
            provide the requested service beginning 30 days
            after the issuance of the notice required by
            paragraph (5) of this Section.
                (ii) If the Commission determines that for one
            or more of the requesting existing customers for
            which an emergency has been declared there is no
            other provider willing and capable of providing
            alternative voice service including reliable
            access to 9-1-1, the Commission shall issue an
            order requiring the Large Electing Provider to
            provide alternative voice service including
            reliable access to 9-1-1 to each requesting
            existing customer utilizing any form of technology
            capable of providing alternative voice service
            including reliable access to 9-1-1, including,
            without limitation, continuation of the requested
            service, Voice over Internet Protocol services,
            and wireless services, until another willing
            provider is available. A Large Electing Provider
            may fulfill the requirement through an affiliate
            or another provider. The Large Electing Provider
            may request that such an order be rescinded upon a
            showing that an alternative voice service
            including reliable access to 9-1-1 has become
            available to the requesting existing customer from
            another provider.
        (3) If the Commission receives no requests for
    investigation from any existing customer under paragraph
    (2) of this subsection (c) within 60 days after issuance of
    the notice under paragraph (1) of this subsection (c), the
    Commission shall provide written notice to the Large
    Electing Provider of that fact no later than 75 days after
    receipt of notice under paragraph (1) of this subsection
    (c). Notwithstanding any provision of this subsection (c)
    to the contrary, if no existing customer requests an
    investigation under paragraph (2) of this subsection (c),
    the Large Electing Provider may immediately provide the
    notice to the Federal Communications Commission as
    described in paragraph (4) of this subsection (c).
        (4) At the same time that it provides notice to the
    Federal Communications Commission of its intent to
    discontinue the interstate-access component of the
    requested service, the Large Electing Provider shall:
            (A) file a notice of proposal to cease to offer and
        provide the requested service with the Commission; and
            (B) provide a notice of proposal to cease to offer
        and provide the requested service to existing
        customers and new customers receiving the service at
        the time of the notice within each affected geographic
        area, with the notice made by first-class mail or
        within customer bills delivered by mail or equivalent
        means of notice, including electronic means if the
        customer has elected to receive electronic billing.
        The notice provided under this subparagraph (B) shall
        include a brief description of the requested service,
        the date on which the Large Electing Provider intends
        to cease offering or providing the telecommunications
        service, and a statement as required by 47 CFR 63.71
        that describes the process by which the customer may
        submit comments to the Federal Communications
        Commission.
        (5) Upon approval by the Federal Communications
    Commission of its request to discontinue the
    interstate-access component of the requested service and
    subject to the requirements of any order issued by the
    Commission under subdivision (ii) of subparagraph (B) of
    paragraph (2) of this subsection (c), the Large Electing
    Provider may immediately cease to offer the requested
    service to all customers not receiving the service on the
    date of the Federal Communications Commission's approval
    and may cease to offer and provide the requested service to
    all customers receiving the service at the time of the
    Federal Communications Commission's approval upon 30 days'
    notice to the Commission and affected customers. Notice to
    affected customers under this paragraph (5) shall be
    provided by first-class mail separate from customer bills.
    The notice provided under this paragraph (5) shall describe
    the requested service, identify the date on which the Large
    Electing Provider intends to cease offering or providing
    the telecommunications service, and provide a telephone
    number by which the existing customer may contact a service
    representative of the Large Electing Provider.
        (6) The notices provided for in paragraph (1) of this
    subsection (c) are not required as a prerequisite for the
    Large Electing Provider to cease to offer or provide a
    telecommunications service in a geographic area where
    there are no residential customers taking service from the
    Large Electing Provider on the date that the Large Electing
    Provider files notice to the Federal Communications
    Commission of its intent to discontinue the
    interstate-access component of the requested service in
    that geographic area.
        (7) For a period of 45 days following the date of a
    notice issued under paragraph (5) of this Section, an
    existing customer (i) who is located in the affected
    geographic area subject to that notice; (ii) who was
    receiving the requested service as of the date of the
    Federal Communications Commission's approval of the Large
    Electing Provider's request to discontinue the
    interstate-access component of the requested service;
    (iii) who did not make a timely request for investigation
    under paragraph (2) of this subsection (c); and (iv) whose
    service will be or has been discontinued under paragraph
    (5), may request assistance from the Large Electing
    Provider in identifying providers of alternative voice
    service including reliable access to 9-1-1. Within 15 days
    of the request, the Large Electing Provider shall provide
    the customer with a list of alternative voice service
    providers.
        (8) Notwithstanding any other provision of this Act,
    except as expressly authorized by this subsection (c), the
    Commission may not, upon its own motion or upon complaint,
    investigate, suspend, disapprove, condition, or otherwise
    regulate the cessation of a telecommunications service to
    an identifiable class or group of customers once initiated
    by a Large Electing Provider under subsection (b) or (b-5)
    of this Section or this subsection (c).
(Source: P.A. 100-20, eff. 7-1-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/3/2018