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92nd General Assembly

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Public Act 92-0022

HB2900 Enrolled                                LRB9202399JSpc

    AN ACT relating to telecommunications.

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

    Section  5.  The  Attorney  General  Act  is  amended  by
changing Section 6.5 as follows:

    (15 ILCS 205/6.5)
    Sec. 6.5. Consumer Utilities Unit.
    (a)  The General Assembly finds that the health, welfare,
and  prosperity  of  all  Illinois citizens, and the public's
interest in adequate, safe, reliable, cost-effective electric
and telecommunications services,  requires  effective  public
representation  by the Attorney General to protect the rights
and interests of the public in the provision of all  elements
of  electric  and  telecommunications service both during and
after the transition to a competitive  market,  and  that  to
ensure  that  the benefits of competition in the provision of
both  electric  and  telecommunications   services   to   all
consumers  are  attained,  there  shall be created within the
Office of the Attorney General a Consumer Utilities Unit.
    (b)  As used in this Section: "Electric  services"  means
services  sold  by  an  electric  service provider. "Electric
service provider" shall mean anyone who sells,  contracts  to
sell,  or  markets  electric power, generation, distribution,
transmission, or services (including metering and billing) in
connection  therewith.   Electric  service  providers   shall
include  any  electric  utility  and  any  alternative retail
electric supplier as defined in Section 16-102 of the  Public
Utilities Act.
    (b-5)  As   used  in  this  Section:  "Telecommunications
services"  means  services  sold  by   a   telecommunications
carrier,  as  provided  for  in  Section 13-203 of the Public
Utilities Act.  "Telecommunications carrier" means anyone who
sells,  contracts  to  sell,  or  markets  telecommunications
services, whether noncompetitive  or  competitive,  including
access services, interconnection services, or any services in
connection  therewith.   Telecommunications  carriers include
any carrier as  defined  in  Section  13-202  of  the  Public
Utilities Act.
    (c)  There  is  created within the Office of the Attorney
General a Consumer Utilities Unit,  consisting  of  Assistant
Attorneys  General  appointed  by  the Attorney General, who,
together with such other staff as is deemed necessary by  the
Attorney  General, shall have the power and duty on behalf of
the people of the State to intervene in,  initiate,  enforce,
and  defend  all legal proceedings on matters relating to the
provision,   marketing,   and   sale    of    electric    and
telecommunications  service  whenever  the  Attorney  General
determines  that  such  action  is  necessary  to  promote or
protect the rights and interest  of  all  Illinois  citizens,
classes   of   customers,   and   users   of   electric   and
telecommunications services.
    (d)  In  addition  to  the  investigative and enforcement
powers available to the Attorney General,  including  without
limitation  those  under  the  Consumer  Fraud  and Deceptive
Business Practices Act and the Illinois  Antitrust  Act,  the
Attorney General shall be a party as a matter of right to all
proceedings,  investigations,  and  related matters involving
the provision of electric services and to those  proceedings,
investigations,  and  related matters involving the provision
of telecommunications services before the  Illinois  Commerce
Commission  and  shall,  upon request, have access to and the
use of  all  files,  records,  data,  and  documents  in  the
possession  or  control of the Commission, which material the
Attorney General's office shall maintain as confidential,  to
be used for law enforcement purposes only, which material may
be  shared  with other law enforcement officials.  Nothing in
this Section is intended to take away or  limit  any  of  the
powers  the  Attorney  General  has pursuant to common law or
other statutory law.
(Source: P.A. 90-561, eff. 12-16-97.)

    Section 10.  The State Finance Act is amended  by  adding
Sections 5.545  and 5.546 as follows:

    (30 ILCS 105/5.545 new)
    Sec. 5.545.  The Digital Divide Elimination Fund.

    (30 ILCS 105/5.546 new)
    Sec.     5.546.  The     Digital    Divide    Elimination
Infrastructure Fund.

    Section 15.  The Eliminate  the  Digital  Divide  Law  is
amended  by  changing Section 5-30 and adding Section 5-20 as
follows:

    (30 ILCS 780/5-20 new)
    Sec. 5-20. Digital Divide Elimination Fund.  The  Digital
Divide  Elimination  Fund is created as a special fund in the
State treasury. All moneys in the Fund shall be used, subject
to appropriation by the General Assembly, by  the  Department
for grants made under Section 5-30 of this Act.

    (30 ILCS 780/5-30)
    Sec. 5-30. Community Technology Center Grant Program.
    (a)  Subject   to  appropriation,  the  Department  shall
administer the  Community  Technology  Center  Grant  Program
under  which  the  Department shall make grants in accordance
with    this    Article    for    planning,    establishment,
administration, and expansion of Community Technology Centers
and for  assisting  public  hospitals,  libraries,  and  park
districts  in eliminating the digital divide. The purposes of
the grants shall include, but not be  limited  to,  volunteer
recruitment   and   management,   training  and  instruction,
infrastructure, and related goods and services for  Community
Technology  Centers and public hospitals, libraries, and park
districts. The total amount of grants under this  Section  in
fiscal  year  2001  shall  not exceed $2,000,000, except that
this limit on grants shall not  apply  to  grants  funded  by
appropriations  from  the Digital Divide Elimination Fund. No
Community Technology Center may receive a grant of more  than
$50,000 under this Section in a particular fiscal year.
    (b)  Public  hospitals,  libraries,  park  districts, and
State  educational  agencies,  local  educational   agencies,
institutions  of  higher  education,  and  other  public  and
private  nonprofit  or  for-profit agencies and organizations
are eligible to receive grants under this  Program,  provided
that   a  local  educational  agency  or  public  or  private
educational agency or  organization  must,  in  order  to  be
eligible  to  receive  grants  under  this  Program,  provide
computer  access  and  educational services using information
technology to the public at one or more  of  its  educational
buildings  or facilities at least 12 hours each week. A group
of eligible entities is also eligible to receive a  grant  if
the group follows the procedures for group applications in 34
CFR   75.127-129   of   the   Education   Department  General
Administrative Regulations.
    To  be  eligible  to  apply  for  a  grant,  a  Community
Technology Center, public hospital, library, or park district
must serve a community in which not less than 40% 50% of  the
students  are  eligible   for  a  free or reduced price lunch
under the national school lunch program or in which not  less
than  30%  40%  of the students are eligible for a free lunch
under the national school lunch program; however, if  funding
is  insufficient  to  approve  all  grant  applications for a
particular fiscal year, the Department may  impose  a  higher
minimum   percentage   threshold   for   that   fiscal  year.
Determinations  of  communities  and  determinations  of  the
percentage of students in a community who are eligible for  a
free  or  reduced price lunch under the national school lunch
program shall be in accordance  with  rules  adopted  by  the
Department.
    Any  entities  that  have received a Community Technology
Center grant under the federal Community  Technology  Centers
Program  are  also  eligible  to  apply for grants under this
Program.
    The Department  shall  provide  assistance  to  Community
Technology   Centers  in   making  those  determinations  for
purposes of applying for grants.
    (c)  Grant  applications   shall  be  submitted  to   the
Department not later than March 15 for the next fiscal year.
    (d)  The  Department  shall adopt rules setting forth the
required form and contents of grant applications.
    (e)  There is  created  the  Digital  Divide  Elimination
Advisory  Committee.  The advisory committee shall consist of
5 members appointed one each by the Governor,  the  President
of the Senate, the Senate Minority Leader, the Speaker of the
House,  and  the  House  Minority Leader.  The members of the
advisory committee shall receive no  compensation  for  their
services  as  members  of  the  advisory committee but may be
reimbursed for their actual expenses incurred in  serving  on
the  advisory  committee.   The  Digital  Divide  Elimination
Advisory   Committee   shall   advise   the   Department   in
establishing   criteria   and   priorities   for  identifying
recipients of grants under this Act.  The advisory  committee
shall  obtain  advice  from the technology industry regarding
current  technological  standards.   The  advisory  committee
shall seek any available federal funding.
(Source: P.A. 91-704, eff. 7-1-00.)

    Section 20.  The  Public  Utilities  Act  is  amended  by
changing  Sections 1-102, 2-101, 2-202, 8-101, 9-230, 13-101,
13-301.1, 13-407, 13-501,  13-502,  13-509,  13-514,  13-515,
13-516,  13-801,  and  13-902  and  adding Sections 10-101.1,
13-202.5, 13-216, 13-217, 13-218, 13-219,  13-220,  13-301.2,
13-301.3, 13-303, 13-303.5, 13-304, 13-305, 13-502.5, 13-517,
13-518, 13-712, 13-713, 13-903, and 13-1200 as follows:

    (220 ILCS 5/1-102) (from Ch. 111 2/3, par. 1-102)
    Sec.  1-102.  Findings  and  Intent. The General Assembly
finds that the health, welfare and prosperity of all Illinois
citizens  require  the  provision  of  adequate,   efficient,
reliable,  environmentally safe and least-cost public utility
services at prices which  accurately  reflect  the  long-term
cost  of  such  services  and  which  are  equitable  to  all
citizens.  It  is  therefore declared to be the policy of the
State that public utilities shall continue  to  be  regulated
effectively  and comprehensively. It is further declared that
the goals and objectives  of  such  regulation  shall  be  to
ensure
         (a)  Efficiency:  the  provision  of reliable energy
    services at the least possible cost to  the  citizens  of
    the State; in such manner that:
              (i)  physical,  human  and  financial resources
         are allocated efficiently;
              (ii)  all  supply  and   demand   options   are
         considered  and evaluated using comparable terms and
         methods in order to determine  how  utilities  shall
         meet  their  customers'  demands  for public utility
         services at the least cost;
              (iii)  utilities  are  allowed   a   sufficient
         return on investment so as to enable them to attract

         capital in financial markets at competitive rates;
              (iv)  tariff  rates  for  the  sale  of various
         public utility services  are  authorized  such  that
         they accurately reflect the cost of delivering those
         services  and  allow  utilities to recover the total
         costs prudently and reasonably incurred;
              (v)  variation in costs by customer  class  and
         time   of   use   is  taken  into  consideration  in
         authorizing rates for each class.
         (b)  Environmental Quality: the  protection  of  the
    environment  from  the  adverse  external costs of public
    utility services so that
              (i)  environmental costs  of  proposed  actions
         having  a  significant impact on the environment and
         the environmental impact  of  the  alternatives  are
         identified,   documented   and   considered  in  the
         regulatory process;
              (ii)  the  prudently  and  reasonably  incurred
         costs of environmental controls are recovered.
         (c)  Reliability:  the  ability  of   utilities   to
    provide  consumers  with  public  utility  services under
    varying demand conditions in such manner  that  suppliers
    of public utility services are able to provide service at
    varying levels of economic reliability giving appropriate
    consideration  to  the  costs  likely to be incurred as a
    result of service interruptions,  and  to  the  costs  of
    increasing  or  maintaining current levels of reliability
    consistent with commitments to consumers.
         (d)  Equity: the fair  treatment  of  consumers  and
    investors in order that
              (i)  the  public  health,  safety  and  welfare
         shall be protected;
              (ii)  the  application  of  rates  is  based on
         public  understandability  and  acceptance  of   the
         reasonableness of the rate structure and level;
              (iii)  the  cost  of  supplying  public utility
         services is allocated to those who cause  the  costs
         to be incurred;
              (iv)  if factors other than cost of service are
         considered  in  regulatory  decisions, the rationale
         for these actions is set forth;
              (v)  regulation allows for  orderly  transition
         periods  to  accommodate  changes  in public utility
         service markets;
              (vi)  regulation does not result  in  undue  or
         sustained adverse impact on utility earnings;
              (vii)  the impacts of regulatory actions on all
         sectors of the State are carefully weighed;
              (viii)  the  rates  for  utility  services  are
         affordable  and  therefore preserve the availability
         of such services to all citizens.
    It is further declared to be the policy of the State that
this Act shall not apply in relation to  motor  carriers  and
rail   carriers   as   defined  in  the  Illinois  Commercial
Transportation Law, or to the Commission in the regulation of
such carriers.
    Nothing  in  this  Act  shall  be  construed  to   limit,
restrict,  or  mitigate in any way the power and authority of
the State's Attorneys  or  the  Attorney  General  under  the
Consumer Fraud and Deceptive Business Practices Act.
(Source: P.A. 89-42, eff. 1-1-96.)

    (220 ILCS 5/2-101) (from Ch. 111 2/3, par. 2-101)
    Sec.  2-101.   Commerce  Commission  created.   There  is
created  an  Illinois  Commerce  Commission  consisting  of 5
members not more than 3 of whom shall be members of the  same
political  party  at  the  time of appointment.  The Governor
shall appoint the members of such Commission by and with  the
advice  and  consent  of the Senate.  In case of a vacancy in
such office during the recess  of  the  Senate  the  Governor
shall  make a temporary appointment until the next meeting of
the Senate, when he shall nominate some person to  fill  such
office;  and  any person so nominated who is confirmed by the
Senate, shall hold his office during  the  remainder  of  the
term   and   until  his  successor  shall  be  appointed  and
qualified. Each member of the Commission  shall  hold  office
for a term of 5 years from the third Monday in January of the
year in which his predecessor's term expires.
    Notwithstanding  any  provision  of  this  Section to the
contrary, the term of office of each member of the Commission
is terminated on the effective date of this amendatory Act of
1995, but the incumbent members shall  continue  to  exercise
all  of  the  powers  and  be subject to all of the duties of
members of the Commission until their  respective  successors
are  appointed  and  qualified.   Of  the  members  initially
appointed  under  the  provisions  of  this amendatory Act of
1995, one member shall be appointed  for  a  term  of  office
which  shall  expire  on the third Monday of January, 1997; 2
members shall be appointed for terms of  office  which  shall
expire on the third Monday of January, 1998; one member shall
be  appointed  for a term of office which shall expire on the
third Monday of  January,  1999;  and  one  member  shall  be
appointed  for  a  term  of  office which shall expire on the
third Monday of January,  2000.   Each  respective  successor
shall  be  appointed  for  a  term  of 5 years from the third
Monday of January of the year in which his predecessor's term
expires in  accordance  with  the  provisions  of  the  first
paragraph of this Section.
    Each  member shall serve until his successor is appointed
and qualified, except that if the Senate refuses  to  consent
to  the  appointment  of  any    member, such office shall be
deemed vacant, and within 2 weeks  of  the  date  the  Senate
refuses  to  consent to the reappointment of any member, such
member shall vacate such office. The Governor shall from time
to time designate the member of the Commission who  shall  be
its chairman. Consistent with the provisions of this Act, the
Chairman   shall  be  the  chief  executive  officer  of  the
Commission for the purpose of ensuring that the  Commission's
policies are properly executed.
    If  there  is  no vacancy on the Commission, 4 members of
the  Commission  shall  constitute  a  quorum   to   transact
business;  otherwise,  a  majority  of  the  Commission shall
constitute a quorum to transact business, and but no  vacancy
shall  impair  the  right  of  the remaining commissioners to
exercise all of the powers  of  the  Commission.;  and  Every
finding,  order,  or  decision  approved by a majority of the
members of the Commission shall be deemed to be the  finding,
order, or decision of the Commission.
(Source: P.A. 89-429, eff. 12-15-95.)

    (220 ILCS 5/2-202) (from Ch. 111 2/3, par. 2-202)
    Sec. 2-202.  Policy; Public Utility Fund; tax.
    (a)  It is declared to be the public policy of this State
that in order to maintain and foster the effective regulation
of  public  utilities  under this Act in the interests of the
People of the State of Illinois and the public  utilities  as
well,  the  public utilities subject to regulation under this
Act and which enjoy the  privilege  of  operating  as  public
utilities   in   this   State,  shall  bear  the  expense  of
administering this Act by means of a tax  on  such  privilege
measured by the annual gross revenue of such public utilities
in  the manner provided in this Section. For purposes of this
Section, "expense of administering  this  Act"  includes  any
costs  incident to studies, whether made by the Commission or
under contract entered into  by  the  Commission,  concerning
environmental  pollution problems caused or contributed to by
public utilities and the means  for  eliminating  or  abating
those  problems.  Such  proceeds  shall  be  deposited in the
Public Utility Fund in the State treasury.
    (b)  All of the ordinary and contingent expenses  of  the
Commission  incident  to the administration of this Act shall
be  paid  out  of  the  Public  Utility   Fund   except   the
compensation  of the members of the Commission which shall be
paid from the General  Revenue  Fund.  Notwithstanding  other
provisions  of  this  Act  to  the contrary, the ordinary and
contingent  expenses  of  the  Commission  incident  to   the
administration  of the Illinois Commercial Transportation Law
may be paid from appropriations from the Public Utility  Fund
through the end of fiscal year 1986.
    (c)  A tax is imposed upon each public utility subject to
the provisions of this Act equal to .08% of its gross revenue
for  each  calendar  year  commencing  with the calendar year
beginning January 1, 1982, except that the Commission may, by
rule, establish a different rate no greater  than  0.1%.  For
purposes  of  this Section, "gross revenue" shall not include
revenue  from  the  production,  transmission,  distribution,
sale, delivery, or furnishing of electricity. "Gross revenue"
shall  not  include  amounts   paid   by   telecommunications
retailers     under    the    Telecommunications    Municipal
Infrastructure Maintenance Fee Act.
    (d)  Annual gross  revenue  returns  shall  be  filed  in
accordance with paragraph (1) or (2) of this subsection (d).
         (1)  Except  as  provided  in  paragraph (2) of this
    subsection (d), on or before January 10 of each year each
    public utility subject to  the  provisions  of  this  Act
    shall  file with the Commission an estimated annual gross
    revenue return containing an estimate of  the  amount  of
    its  gross  revenue  for  the  calendar  year  commencing
    January  1  of said year and a statement of the amount of
    tax due for said calendar  year  on  the  basis  of  that
    estimate.  Public utilities may also file revised returns
    containing  updated  estimates and updated amounts of tax
    due during the calendar year. These revised  returns,  if
    filed,  shall  form  the basis for quarterly payments due
    during the remainder of the calendar year.  In  addition,
    on  or  before  March  31  February 15 of each year, each
    public utility shall file an amended return  showing  the
    actual  amount  of  gross revenues shown by the company's
    books and records as of December 31 of the previous year.
    Forms and instructions for such estimated,  revised,  and
    amended  returns  shall  be  devised  and supplied by the
    Commission.
         (2)  Beginning with returns  due  after  January  1,
    2002  1993,  the  requirements  of  paragraph (1) of this
    subsection (d) shall not apply to any public  utility  in
    any  calendar  year  for  which  the total tax the public
    utility owes under this  Section  is  less  than  $10,000
    $1,000.   For  such public utilities with respect to such
    years, the public utility shall file with the Commission,
    on or before March January 31 of the following  year,  an
    annual  gross revenue return for the year and a statement
    of the amount of  tax due for that year on the  basis  of
    such  a  return.  Forms and instructions for such returns
    and corrected returns shall be devised  and  supplied  by
    the Commission.
    (e)  All  returns submitted to the Commission by a public
utility as provided in this subsection (e) or subsection  (d)
of  this  Section  shall  contain or be verified by a written
declaration by an appropriate officer of the  public  utility
that  the  return is made under the penalties of perjury. The
Commission may audit each  such  return  submitted  and  may,
under  the provisions of Section 5-101 of this Act, take such
measures as are necessary to ascertain the correctness of the
returns submitted. The Commission has the power to direct the
filing of a corrected return by any utility which  has  filed
an  incorrect  return and to direct the filing of a return by
any  utility  which  has  failed  to  submit  a  return.    A
taxpayer's  signing a fraudulent return under this Section is
perjury, as defined in Section 32-2 of the Criminal  Code  of
1961.
    (f)  (1)  For  all  public utilities subject to paragraph
(1) of subsection (d), at least one  quarter  of  the  annual
amount  of  tax due under subsection (c) shall be paid to the
Commission on or before the  tenth  day  of  January,  April,
July,  and  October  of the calendar year subject to tax.  In
the event that an adjustment in the amount of tax due  should
be  necessary  as  a  result  of  the filing of an amended or
corrected return under subsection (d) or  subsection  (e)  of
this  Section,  the amount of any deficiency shall be paid by
the public utility together with  the  amended  or  corrected
return  and  the amount of any excess shall, after the filing
of a claim for credit by the public utility, be  returned  to
the  public utility in the form of a credit memorandum in the
amount of such excess or be refunded to the public utility in
accordance with the provisions  of  subsection  (k)  of  this
Section.   However, if such deficiency or excess is less than
$1, then the public utility need not pay the  deficiency  and
may not claim a credit.
    (2)  Any  public  utility  subject  to  paragraph  (2) of
subsection  (d)  shall  pay  the  amount  of  tax  due  under
subsection (c) on or before March January 31  next  following
the  end  of  the calendar year subject to tax.  In the event
that an adjustment  in  the  amount  of  tax  due  should  be
necessary  as  a  result  of the filing of a corrected return
under subsection (e), the amount of any deficiency  shall  be
paid  by  the public utility at the time the corrected return
is filed. Any excess tax payment by the public utility  shall
be  returned to it after the filing of a claim for credit, in
the form of a credit memorandum in the amount of the  excess.
However,  if  such  deficiency or excess is less than $1, the
public utility need not pay the deficiency and may not  claim
a credit.
    (g)  Each  installment  or  required  payment  of the tax
imposed by subsection (c) becomes delinquent at  midnight  of
the  date  that  it  is  due.  Failure  to  make a payment as
required by this Section shall result in the imposition of  a
late payment penalty, an underestimation penalty, or both, as
provided  by this subsection.  The late payment penalty shall
be the greater of:
         (1)  $25 for each month or portion of a  month  that
    the installment or required payment is unpaid or
         (2)  an  amount equal to the difference between what
    should have been paid on the due  date,  based  upon  the
    most  recently filed estimated, annual, or amended return
    estimate, and what was actually paid, times 1%, for  each
    month  or  portion  of  a  month  that the installment or
    required  payment  goes  unpaid.   This  penalty  may  be
    assessed as soon as the installment or  required  payment
    becomes delinquent.
    The  underestimation  penalty shall apply to those public
utilities subject to paragraph  (1)  of  subsection  (d)  and
shall  be  calculated after the filing of the amended return.
It shall be imposed if the amount actually paid on any of the
dates specified in subsection (f) is not equal  to  at  least
one-fourth of the amount actually due for the year, and shall
equal the greater of:
         (1)  $25  for  each month or portion of a month that
    the amount due is unpaid or
         (2)  an amount equal to the difference between  what
    should  have  been paid, based on the amended return, and
    what was actually  paid  as  of  the  date  specified  in
    subsection  (f),  times a percentage equal to 1/12 of the
    sum of 10% and the percentage most  recently  established
    by  the  Commission  for  interest to be paid on customer
    deposits under 83 Ill. Adm. Code 280.70(e)(1),  for  each
    month  or  portion  of  a  month that the amount due goes
    unpaid, except that no underestimation penalty  shall  be
    assessed if the amount actually paid on or before each of
    the  dates  specified  in  subsection (f) was based on an
    estimate of gross revenues at least equal to  the  actual
    gross  revenues for the previous year. The Commission may
    enforce the collection of any delinquent  installment  or
    payment,  or  portion  thereof  by legal action or in any
    other manner by which the collection  of  debts  due  the
    State  of Illinois may be enforced under the laws of this
    State. The executive director or his designee may  excuse
    the  payment  of  an  assessed penalty or a portion of an
    assessed  penalty  if   he   determines   that   enforced
    collection of the penalty as assessed would be unjust.
    (h)  All  sums  collected  by  the  Commission  under the
provisions of this Section shall be paid promptly  after  the
receipt  of  the  same,  accompanied  by a detailed statement
thereof, into the Public Utility Fund in the State treasury.
    (i)  During the month of  October  of  each  odd-numbered
year the Commission shall:
         (1)  determine the amount of all moneys deposited in
    the  Public  Utility  Fund  during  the  preceding fiscal
    biennium plus the balance, if any, in that  fund  at  the
    beginning of that biennium;
         (2)  determine the sum total of the following items:
    (A)    all   moneys   expended   or   obligated   against
    appropriations made from the Public Utility  Fund  during
    the  preceding  fiscal  biennium, plus (B) the sum of the
    credit memoranda  then  outstanding  against  the  Public
    Utility Fund, if any; and
         (3)  determine  the amount, if any, by which the sum
    determined as provided in item  (1)  exceeds  the  amount
    determined as provided in item (2).
    If  the amount determined as provided in item (3) of this
subsection  exceeds  $5,000,000  $2,500,000,  the  Commission
shall then compute the proportionate amount,  if  any,  which
(x)  the  tax  paid  hereunder  by  each  utility  during the
preceding biennium, and (y) the amount paid into  the  Public
Utility  Fund during the preceding biennium by the Department
of  Revenue  pursuant  to  Sections  2-9  and  2-11  of   the
Electricity  Excise  Tax Law, bears to the difference between
the amount  determined  as  provided  in  item  (3)  of  this
subsection  (i)  and  $5,000,000  $2,500,000.  The Commission
shall cause the proportionate amount determined with  respect
to  payments  made under the Electricity Excise Tax Law to be
transferred into  the  General  Revenue  Fund  in  the  State
Treasury,  and  notify  each  public utility that it may file
during the 3 month period after the date  of  notification  a
claim for credit for the proportionate amount determined with
respect  to payments made hereunder by the public utility. If
the proportionate amount is less than  $10,  no  notification
will  be  sent  by  the  Commission,  and no right to a claim
exists as to that amount. Upon the  filing  of  a  claim  for
credit within the period provided, the Commission shall issue
a  credit  memorandum  in such amount to such public utility.
Any claim for credit filed after the period provided  for  in
this Section is void.
    (j)  Credit  memoranda  issued pursuant to subsection (f)
and credit memoranda issued  after  notification  and  filing
pursuant  to  subsection  (i)  may  be applied for the 2 year
period from the date of issuance, against the payment of  any
amount  due  during  that  period  under  the  tax imposed by
subsection  (c),  or,  subject  to  reasonable  rule  of  the
Commission including  requirement  of  notification,  may  be
assigned  to  any  other public utility subject to regulation
under this Act. Any application of credit memoranda after the
period provided for in this Section is void.
    (k)  The chairman or executive director may  make  refund
of  fees,  taxes or other charges whenever he shall determine
that the person or public utility  will  not  be  liable  for
payment  of  such  fees,  taxes or charges during the next 24
months and he  determines  that  the  issuance  of  a  credit
memorandum would be unjust.
(Source: P.A.  90-561, eff. 8-1-98; 90-562, 12-16-97; 90-655,
eff. 7-30-98.)

    (220 ILCS 5/8-101) (from Ch. 111 2/3, par. 8-101)
    Sec.    8-101.    Duties     of     public     utilities;
nondiscrimination.   A  Every  public  utility shall furnish,
provide,  and  maintain   such   service   instrumentalities,
equipment,  and  facilities  as  shall  promote  the  safety,
health,  comfort,  and convenience of its patrons, employees,
and  public  and  as  shall  be  in  all  respects  adequate,
efficient, just, and reasonable.
    All rules  and  regulations  made  by  a  public  utility
affecting  or  pertaining  to  its  charges or service to the
public shall be just and reasonable.
    A Every public utility  shall,  upon  reasonable  notice,
furnish  to  all  persons  who  may  apply  therefor  and  be
reasonably entitled thereto, suitable facilities and service,
without discrimination and without delay.
    Nothing  in  this Section shall be construed to prevent a
public utility from accepting payment  electronically  or  by
the use of a customer-preferred financially accredited credit
or debit methodology.
(Source: P.A. 84-617.)

    (220 ILCS 5/9-230) (from Ch. 111 2/3, par. 9-230)
    Sec.  9-230.  Rate  of return; financial involvement with
nonutility  or  unregulated  companies.  In   determining   a
reasonable  rate  of  return  upon  investment for any public
utility in any proceeding to establish rates or charges,  the
Commission  shall  not include any (i) incremental risk, (ii)
or increased cost of capital, or (iii) after  May  31,  2003,
revenue   or   expense   attributed  to  telephone  directory
operations, which is the direct or  indirect  result  of  the
public  utility's  affiliation with unregulated or nonutility
companies.
(Source: P.A. 84-617.)

    (220 ILCS 5/10-101.1 new)
    Sec. 10-101.1.  Mediation; arbitration; case management.
    (a)  It is  the  intent  of  the  General  Assembly  that
proceedings  before  the  Commission  shall  be  concluded as
expeditiously as is possible consistent with the right of the
parties to the due process  of  law  and  protection  of  the
public  interest.  It  is  further  the intent of the General
Assembly to permit  and  encourage  voluntary  mediation  and
voluntary  binding arbitration of disputes arising under this
Act.
    (b)  Nothing  in  this  Act  shall  prevent  parties   to
contested  cases brought before the Commission from resolving
those cases, or other disputes arising  under  this  Act,  in
part  or  in  their entirety, by agreement of all parties, by
compromise  and  settlement,  or  by   voluntary   mediation;
provided,  however,  that nothing in this Section shall limit
the Commission's authority to conduct such investigations and
enter such orders as it shall deem necessary to  enforce  the
provisions  of  this  Act  or  otherwise  protect  the public
interest. Evidence of conduct or statements made by  a  party
in  furtherance  of  voluntary  mediation  or  in  compromise
negotiations  is not admissible as evidence should the matter
subsequently be heard by the  Commission;  provided,  however
that  evidence  otherwise  discoverable  is  not  excluded or
deemed inadmissible merely because it  is  presented  in  the
course  of voluntary mediation or compromise negotiations. No
civil penalty shall be imposed upon  parties  that  reach  an
agreement  pursuant  to  the  mediation  procedures  in  this
Section.
    (c)  The   Commission   shall   prescribe  by  rule  such
procedures and facilities as are necessary to permit  parties
to  resolve disputes through voluntary mediation prior to the
filing of,  or  at  any  point  during,  the  pendency  of  a
contested  matter. Parties to disputes arising under this Act
are encouraged to  submit  disputes  to  the  Commission  for
voluntary  mediation,  which  shall  not  be binding upon the
parties. Submission of a dispute to voluntary mediation shall
not compromise the right of any party to bring  action  under
this Act.
    (d)  In  any contested case before the Commission, at the
Commission's or hearing examiner's direction or on motion  of
any  party,  a case management conference may be held at such
time in the proceeding prior to evidentiary  hearing  as  the
hearing  examiner deems proper. Prior to the conference, when
directed to do so, all parties shall file a  case  management
memorandum  that  addresses items (1) through (9) as directed
by the hearing examiner.  At the  conference,  the  following
shall be considered:
         (1)  the  identification  and  simplification of the
    issues; provided, however,  that  the  identification  of
    issues  by  a  party  shall not foreclose that party from
    raising such other meritorious issues as that party might
    subsequently identify;
         (2)  amendments to the pleadings;
         (3)  the possibility of obtaining admissions of fact
    and of documents which will avoid unnecessary proof;
         (4)  limitations on discovery including:
              (A)  the area of expertise and  the  number  of
         witnesses  who  will  likely  be  called;  provided,
         however, that the identification of witnesses  by  a
         party  shall not foreclose that party from producing
         such   other   witnesses   as   that   party   might
         subsequently identify; and
              (B)  schedules for responses to and  completion
         of discovery; provided, however, that such responses
         shall  under no circumstances be provided later than
         28 days after such discovery or requests are served,
         unless the  hearing  examiner  shall  order  or  the
         parties   agree   to  some  other  time  period  for
         response;
         (5)  the possibility of settlement and scheduling of
    a settlement conference;
         (6)  the   advisability   of   alternative   dispute
    resolution including, but not limited  to,  mediation  or
    arbitration;
         (7)  the  date  on  which the matter should be ready
    for evidentiary hearing and the likely  duration  of  the
    hearing;
         (8)  the  advisability  of  holding  subsequent case
    management conferences; and
         (9)  any  other  matters  that  may   aid   in   the
    disposition of the action.
    (e)  The Commission is hereby authorized, if requested by
all  parties  to  any  complaint  brought  under this Act, to
arbitrate the complaint and to enter  a  binding  arbitration
award  disposing  of  the  complaint.  The  Commission  shall
prescribe by rule procedures for arbitration.

    (220 ILCS 5/13-101) (from Ch. 111 2/3, par. 13-101)
    (Section scheduled to be repealed on July 1, 2001)
    Sec.  13-101.  Application  of  Act to telecommunications
rates  and  services.   Except  to  the  extent  modified  or
supplemented by the specific provisions of this Article,  the
Sections  of  this Act pertaining to public utilities, public
utility rates and services, and the regulation  thereof,  are
fully    and    equally    applicable    to    noncompetitive
telecommunications  rates  and  services,  and the regulation
thereof,  except  where  the  context  clearly  renders  such
provisions inapplicable.  Except to the  extent  modified  or
supplemented  by  the  specific  provisions  of this Article,
Articles I through V, Sections 8-301,  8-505,  9-221,  9-222,
9-222.1,  9-222.2,  9-250, and 9-252.1, and Articles X and XI
of this Act are fully and equally applicable  to  competitive
telecommunications  rates  and  services,  and the regulation
thereof; in addition, as  to  competitive  telecommunications
rates and services, and the regulation thereof, all rules and
regulations made by a telecommunications carrier affecting or
pertaining  to  its charges or service to the public shall be
just and reasonable, provided that nothing  in  this  Section
shall  be  construed  to prevent a telecommunications carrier
from accepting payment electronically or  by  the  use  of  a
customer-preferred  financially  accredited  credit  or debit
methodology.  As of the effective date of this amendatory Act
of the 92nd General  Assembly,  Sections  4-202,  4-203,  and
5-202  of this Act shall cease to apply to telecommunications
rates and services.
(Source: P.A. 90-38, eff. 6-27-97.)

    (220 ILCS 5/13-202.5 new)
    Sec. 13-202.5.  Incumbent   local    exchange    carrier.
"Incumbent  local exchange carrier" means, with respect to an
area,    the    telecommunications  carrier    that  provided
noncompetitive  local  exchange telecommunications service in
that area on February 8, 1996, and on that date was deemed  a
member   of  the  exchange carrier association pursuant to 47
C.F.R. 69.601(b), and includes its successors,  assigns,  and
affiliates.

    (220 ILCS 5/13-216 new)
    Sec. 13-216.  Network element.  "Network element" means a
facility   or   equipment   used   in   the  provision  of  a
telecommunications service.  The term also includes features,
functions, and capabilities that are provided by means of the
facility  or  equipment,  including,  but  not  limited   to,
subscriber   numbers,   databases,   signaling  systems,  and
information sufficient for billing and collection or used  in
the   transmission,   routing,   or   other  provision  of  a
telecommunications service.

    (220 ILCS 5/13-217 new)
    Sec. 13-217.  End user.  "End  user"  means  any  person,
corporation,  partnership,  firm,  municipality, cooperative,
organization, governmental agency, building owner,  or  other
entity provided with a telecommunications service for its own
consumption and not for resale.

    (220 ILCS 5/13-218 new)
    Sec.  13-218.  Business  end  user.  "Business  end user"
means (1) an end user engaged primarily or substantially in a
paid commercial, professional, or institutional activity; (2)
an  end  user  provided  telecommunications  service   in   a
commercial, professional, or institutional location, or other
location  serving  primarily or substantially as a site of an
activity for pay; (3) an end  user  whose  telecommunications
service  is  listed  as  the  principal  or only number for a
business in any yellow pages directory; (4) an end user whose
telecommunications service is  used  to  conduct  promotions,
solicitations,  or  market research for which compensation or
reimbursement is paid or provided;  provided,  however,  that
the  use  of telecommunications service, without compensation
or reimbursement, for a charitable or civic purpose shall not
constitute business use of a telecommunications service.

    (220 ILCS 5/13-219 new)
    Sec.  13-219.  Residential  end  user.  "Residential  end
user" means an end user other than a business end user.

    (220 ILCS 5/13-220 new)
    Sec. 13-220.  Retail telecommunications service.  "Retail
telecommunications   service"   means   a  telecommunications
service sold to  an  end  user.   "Retail  telecommunications
service"   does  not  include  a  telecommunications  service
provided   by   a    telecommunications    carrier    to    a
telecommunications   carrier,   including  to  itself,  as  a
component of, or for  the  provision  of,  telecommunications
service.  A  business  retail telecommunications service is a
retail telecommunications service provided to a business  end
user.   A  residential retail telecommunications service is a
retail telecommunications service provided to  a  residential
end user.

    (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
    (Section scheduled to be repealed on July 1, 2001)
    Sec.  13-301.1.   Universal  Telephone Service Assistance
Program.
    (a)  The Commission shall by rule or regulation establish
a Universal Telephone  Service  Assistance  Program  for  low
income residential customers. The program shall provide for a
reduction  of  access line charges, a reduction of connection
charges, or any other alternative to  increase  accessibility
to  telephone  service  that  the  Commission deems advisable
subject to the availability  of  funds  for  the  program  as
provided   in  subsection  (d)  (b).   The  Commission  shall
establish eligibility requirements  for  benefits  under  the
program.
    (b)  The  Commission  shall  adopt  rules  providing  for
enhanced   enrollment   for  eligible  consumers  to  receive
lifeline service.  Enhanced enrollment may  include,  but  is
not  limited to, joint marketing, joint application, or joint
processing  with  the  Low-Income  Home   Energy   Assistance
Program,  the  Medicaid  Program, and the Food Stamp Program.
The Department of Human Services, the  Department  of  Public
Aid,  and  the  Department of Commerce and Community Affairs,
upon request of the Commission, shall assist in the  adoption
and  implementation  of  those rules.  The Commission and the
Department of Human Services, the Department of  Public  Aid,
and  the  Department  of  Commerce  and Community Affairs may
enter  into  memoranda  of  understanding  establishing   the
respective  duties  of  the Commission and the Departments in
relation to enhanced enrollment.
    (c)  In this Section, "lifeline service" means  a  retail
local   service  offering  described  by  47  C.F.R.  Section
54.401(a), as amended.
    (d)  (b)  The  Commission  shall  require  by   rule   or
regulation  that  each  telecommunications  carrier providing
local  exchange  telecommunications   services   notify   its
customers  that  if the customer wishes to participate in the
funding of the Universal Telephone Service Assistance Program
he may do so by electing to contribute, on a monthly basis, a
fixed amount that will be included in the customer's  monthly
bill.   The  customer may cease contributing at any time upon
providing notice to the telecommunications carrier  providing
local  exchange telecommunications services. The notice shall
state  that  any  contribution  made  will  not  reduce   the
customer's  bill for telecommunications services.  Failure to
remit  the  amount  of  increased  payment  will  reduce  the
contribution accordingly.  The Commission shall  specify  the
monthly  fixed  amount  or  amounts that customers wishing to
contribute to the funding of the Universal Telephone  Service
Assistance   Program   may   choose   from  in  making  their
contributions.  Every  telecommunications  carrier  providing
local  exchange  telecommunications  services shall remit the
amounts contributed in  accordance  with  the  terms  of  the
Universal Telephone Service Assistance Program.
(Source: P.A. 87-750; 90-372, eff. 7-1-98.)

    (220 ILCS 5/13-301.2 new)
    Sec.  13-301.2.  Program  to  Foster  Elimination  of the
Digital Divide. The Commission shall  require  by  rule  that
each  telecommunications carrier notify its customers that if
the customer wishes to participate  in  the  funding  of  the
Program to Foster Elimination of the Digital Divide he or she
may  do  so  by electing to contribute, on a monthly basis, a
fixed amount that will be included in the customer's  monthly
bill.   The  customer may cease contributing at any time upon
providing  notice  to  the  telecommunications  carrier.  The
notice shall state that any contribution made will not reduce
the customer's bill for telecommunications services.  Failure
to remit the amount of  increased  payment  will  reduce  the
contribution  accordingly.   The Commission shall specify the
monthly fixed amount or amounts  that  customers  wishing  to
contribute   to   the   funding  of  the  Program  to  Foster
Elimination of the Digital Divide may choose from  in  making
their  contributions.   A  telecommunications  carrier  shall
remit  the  amounts  contributed  by  its  customers  to  the
Department  of  Commerce and Community Affairs for deposit in
the  Digital  Divide  Elimination  Fund  at   the   intervals
specified in the Commission rules.

    (220 ILCS 5/13-301.3 new)
    Sec.  13-301.3. Digital Divide Elimination Infrastructure
Program.
    (a)  The Digital Divide Elimination  Infrastructure  Fund
is  created  as  a  special  fund  in the State treasury. All
moneys in the Fund shall be used, subject  to  appropriation,
by  the  Commission  to  fund  the construction of facilities
specified in Commission rules adopted under this Section. The
Commission may accept private  and  public  funds,  including
federal   funds,   for   deposit   into  the  Fund.  Earnings
attributable to moneys in the Fund shall  be  deposited  into
the Fund.
    (b)  The Commission shall adopt rules under which it will
make grants out of funds appropriated from the Digital Divide
Elimination  Infrastructure  Fund  to  eligible  entities  as
specified  in  the  rules  for the construction of high-speed
data transmission facilities in areas of the State for  which
the incumbent local exchange carrier having the duty to serve
such area, and the obligation to provide advanced services to
such  area pursuant to Section 13-517 of this Act, has sought
and obtained an exemption from such obligation based  upon  a
Commission  finding  that provision of such advanced services
to customers in  such  area  is  either  unduly  economically
burdensome  or  will  impose  a  significant adverse economic
impact on users of telecommunications services generally.
    (c)  The rules of the Commission shall  provide  for  the
competitive  selection of recipients of grant funds available
from  the  Digital  Divide  Elimination  Infrastructure  Fund
pursuant to the Illinois Procurement Code.  Grants  shall  be
awarded  to  bidders  chosen  on  the  basis  of the criteria
established in such rules.
    (d)  All entities awarded grant moneys under this Section
shall maintain all records required by  Commission  rule  for
the period of time specified in the rules. Such records shall
be  subject  to  audit  by  the  Commission,  by  any auditor
appointed by the State, or by any State officer authorized to
conduct audits.

    (220 ILCS 5/13-303 new)
    Sec. 13-303.  Action to enforce law or orders.   Whenever
the  Commission  is  of the opinion that a telecommunications
carrier is failing or omitting, or is about to fail or  omit,
to  do  anything  required  of  it  by  law  or  by an order,
decision, rule, regulation, direction, or requirement of  the
Commission  or is doing or permitting anything to be done, or
is about to do anything or is about to permit anything to  be
done,  contrary  to  or  in  violation  of  law  or an order,
decision, rule, regulation, direction, or requirement of  the
Commission, the Commission shall file an action or proceeding
in  the circuit court in and for the county in which the case
or some part thereof arose or in which the telecommunications
carrier complained of has its principal place of business, in
the name of the People of  the  State  of  Illinois  for  the
purpose  of  having  the  violation  or  threatened violation
stopped and prevented either by mandamus or injunction.   The
Commission may express its opinion in a resolution based upon
whatever  factual  information  has come to its attention and
may issue the resolution ex parte  and  without  holding  any
administrative hearing before bringing suit.  Except in cases
involving an imminent threat to the public health and safety,
no  such resolution shall be adopted until 48 hours after the
telecommunications carrier has been given notice of  (i)  the
substance of the alleged violation, including citation to the
law,  order,  decision, rule, regulation, or direction of the
Commission alleged to have been violated and  (ii)  the  time
and  the  date  of  the meeting at which such resolution will
first be before the Commission for consideration.
    The Commission shall file the  action  or  proceeding  by
complaint  in  the  circuit  court  alleging the violation or
threatened  violation   complained   of   and   praying   for
appropriate  relief  by  way  of  mandamus or injunction.  It
shall be the duty  of  the  court  to  specify  a  time,  not
exceeding  20  days  after  the  service  of  the copy of the
complaint,  within  which  the   telecommunications   carrier
complained  of must answer the complaint, and in the meantime
the telecommunications carrier may be restrained.  In case of
default  in  answer  or  after  answer,   the   court   shall
immediately  inquire  into the facts and circumstances of the
case.  The telecommunications carrier and  persons  that  the
court  may deem necessary or proper may be joined as parties.
The final judgment in any action or proceeding  shall  either
dismiss  the action or proceeding or grant relief by mandamus
or injunction as prayed for in  the  complaint,  or  in  such
modified  or  other form as will afford appropriate relief in
the court's judgment.

    (220 ILCS 5/13-303.5 new)
    Sec. 13-303.5.  Injunctive relief.  If, after a  hearing,
the  Commission  determines that a telecommunications carrier
has violated this Act or a  Commission  order  or  rule,  any
telecommunications   carrier   adversely   affected   by  the
violation may seek injunctive relief in circuit court.

    (220 ILCS 5/13-304 new)
    Sec. 13-304.  Action to recover civil penalties.
    (a)  The Commission shall assess and  collect  all  civil
penalties     established     under    this    Act    against
telecommunications   carriers,   corporations   other    than
telecommunications    carriers,   and   persons   acting   as
telecommunications  carriers.  Except   for   the   penalties
provided under Section 2-202, civil penalties may be assessed
only  after  notice  and  opportunity  to be heard.  Any such
civil penalty may  be  compromised  by  the  Commission.   In
determining  the  amount of the civil penalty to be assessed,
or the amount of the civil penalty  to  be  compromised,  the
Commission is authorized to consider any matters of record in
aggravation  or  mitigation of the penalty, including but not
limited to the following:
         (1)  the duration and gravity of  the  violation  of
    the Act, the rules, or the order of the Commission;
         (2)  the presence or absence of due diligence on the
    part  of the violator in attempting either to comply with
    requirements of the Act, the rules, or the order  of  the
    Commission,   or  to  secure  lawful  relief  from  those
    requirements;
         (3)  any economic benefits accrued by  the  violator
    because  of  the delay in compliance with requirements of
    the Act, the rules, or the order of the Commission; and
         (4)  the amount of monetary penalty that will  serve
    to  deter  further  violations  by  the  violator  and to
    otherwise aid in enhancing voluntary compliance with  the
    Act,  the  rules,  or  the order of the Commission by the
    violator and other persons similarly subject to the Act.
    (b)  If timely judicial review of a Commission order that
imposes a civil penalty  is  taken  by  a  telecommunications
carrier,   a  corporation  other  than  a  telecommunications
carrier, or a person acting as a  telecommunications  carrier
on  whom  or on which the civil penalty has been imposed, the
reviewing court shall enter a judgment on  all  amounts  upon
affirmance  of  the  Commission  order.   If  timely judicial
review is not taken and the civil penalty remains unpaid  for
60  days  after  service  of the order, the Commission in its
discretion may either begin revocation proceedings  or  bring
suit  to recover the penalties.  Unless stayed by a reviewing
court, interest shall accrue from the 60th day after the date
of service of the Commission order to the date  full  payment
is received by the Commission.
    (c)  Actions  to recover delinquent civil penalties under
this Section shall be brought in the name of  the  People  of
the  State  of  Illinois  in the circuit court in and for the
county in which the cause, or some part thereof, arose, or in
which the entity complained of resides. The action  shall  be
commenced   and   prosecuted   to   final  judgement  by  the
Commission.  In any such action, all interest incurred up  to
the  time  of  final  court judgment may be recovered in that
action.  In all such actions,  the  procedure  and  rules  of
evidence  shall  be  the  same  as in ordinary civil actions,
except as otherwise herein provided.  Any such action may  be
compromised  or discontinued on application of the Commission
upon such terms as the court shall approve and order.
    (d)  Civil  penalties  related  to  the  late  filing  of
reports, taxes, or other filings shall be paid into the State
treasury to the credit of the Public Utility Fund.  Except as
otherwise provided in this Act, all  other  fines  and  civil
penalties shall be paid into the State treasury to the credit
of the General Revenue Fund.

    (220 ILCS 5/13-305 new)
    Sec.    13-305.     Amount    of    civil   penalty.    A
telecommunications carrier,  any  corporation  other  than  a
telecommunications   carrier,  or  any  person  acting  as  a
telecommunications carrier that violates or fails  to  comply
with  any  provisions  of  this  Act  or  that fails to obey,
observe,  or  comply  with   any   order,   decision,   rule,
regulation,   direction,  or  requirement,  or  any  part  or
provision thereof, of the Commission, made  or  issued  under
authority  of this Act, in a case in which a civil penalty is
not otherwise provided for in this Act, but excepting Section
5-202 of the Act, shall be subject to a civil penalty imposed
in the manner provided in Section  13-304  of  no  more  than
$30,000  or 0.00825% of the carrier's gross intrastate annual
telecommunications revenue, whichever is  greater,  for  each
offense  unless the violator has fewer than 35,000 subscriber
access lines, in which case the civil penalty may not  exceed
$2,000 for each offense.
    A  telecommunications  carrier  subject to administrative
penalties resulting from a final Commission  order  approving
an  intercorporate  transaction  entered  pursuant to Section
7-204 of this Act shall be subject to  penalties  under  this
Section  imposed for the same conduct only to the extent that
such penalties exceed those imposed by the  final  Commission
order.
    Every  violation  of the provisions of this Act or of any
order, decision, rule, regulation, direction, or  requirement
of  the  Commission, or any part or provision thereof, by any
corporation or person, is a separate  and  distinct  offense.
Penalties under this Section shall attach and begin to accrue
from  the day after written notice is delivered to such party
or parties that they are in violation of or  have  failed  to
comply with this Act or an order, decision, rule, regulation,
direction,  or  requirement  of  the  Commission,  or part or
provision thereof. In case of a  continuing  violation,  each
day's  continuance  thereof  shall be a separate and distinct
offense.
    In construing and enforcing the provisions  of  this  Act
relating  to  penalties, the act, omission, or failure of any
officer, agent, or employee of any telecommunications carrier
or of any person acting within the scope of his or her duties
or employment shall in every case be deemed to  be  the  act,
omission,  or  failure  of such telecommunications carrier or
person.
    If the party who has violated or failed  to  comply  with
this  Act or an order, decision, rule, regulation, direction,
or requirement of the Commission, or any  part  or  provision
thereof,  fails  to  seek  timely review pursuant to Sections
10-113  and  10-201  of  this  Act,  the  party  shall,  upon
expiration of the statutory time limit,  be  subject  to  the
civil penalty provision of this Section.
    Twenty percent of all moneys collected under this Section
shall  be  deposited into the Digital Divide Elimination Fund
and 20% of all moneys collected under this Section  shall  be
deposited  into the Digital Divide Elimination Infrastructure
Fund.

    (220 ILCS 5/13-407) (from Ch. 111 2/3, par. 13-407)
    (Section scheduled to be repealed on July 1, 2001)
    Sec. 13-407. Commission study and report.  The Commission
shall monitor and analyze patterns of  entry  and  exit,  and
changes  in  patterns of applications for entry and exit, for
each  relevant  market   for   telecommunications   services,
including emerging high speed telecommunications markets, and
shall   include   its   findings  together  with  appropriate
recommendations for legislative action in its  annual  report
to the General Assembly.
    The  Commission shall also monitor and analyze the status
of deployment of services to  consumers,  and  any  resulting
"digital  divisions" between consumers, including any changes
or trends therein.  The Commission shall include its findings
together with  appropriate  recommendations  for  legislative
action  in  its  annual  report  to the General Assembly.  In
preparing  this  analysis  the  Commission   shall   evaluate
information  provided  by  telecommunications  carriers  that
pertains  to  the  state of competition in telecommunications
markets including, but not limited to:
         (1)  the  number  and  type   of   firms   providing
    telecommunications    services,    including    broadband
    telecommunications services, within the State;
         (2)  the   telecommunications  services  offered  by
    these firms to both retail and wholesale customers;
         (3)  the  extent  to  which  customers   and   other
    providers  are  purchasing  the firms' telecommunications
    services;
         (4)  the technologies  or  methods  by  which  these
    firms  provide these services, including  descriptions of
    technologies in place  and  under  development,  and  the
    degree  to  which firms rely on other wholesale providers
    to provide service to their own customers; and
         (5)  the tariffed retail and  wholesale  prices  for
    services provided by these firms.
    The  Commission shall at a minimum assess the variability
in  this  information  according  to   geography,   examining
variability  by  exchange,  wirecenter,  or  zip code, and by
customer class, examining,  at  a  minimum,  the  variability
between  residential  and  small,  medium, and large business
customers.    The Commission shall  provide  an  analysis  of
market  trends  by  collecting  this  information  from firms
providing telecommunications services within the  State.  The
Commission  shall  also  collect all information, in a format
determined by  the  Commission,  that  the  Commission  deems
necessary   to   assist   in  monitoring  and  analyzing  the
telecommunications markets and  the status of competition and
deployment of telecommunications services to consumers in the
State.
(Source: P.A. 84-1063.)

    (220 ILCS 5/13-501) (from Ch. 111 2/3, par. 13-501)
    (Section scheduled to be repealed on July 1, 2001)
    Sec. 13-501.  Tariff; filing.
    (a) No telecommunications carrier shall offer or  provide
telecommunications service unless and until a tariff is filed
with  the  Commission  which  describes  the  nature  of  the
service,  applicable  rates  and  other  charges,  terms  and
conditions  of  service, and the exchange, exchanges or other
geographical area or  areas in which  the  service  shall  be
offered  or  provided.  The Commission may prescribe the form
of such tariff and any additional data or  information  which
shall be included therein.
    (b)  After  a  hearing, the Commission has the discretion
to   impose   an   interim   or   permanent   tariff   on   a
telecommunications carrier as part of the order in the  case.
When  a tariff is imposed as part of the order in a case, the
tariff  shall  remain  in  full  force  and  effect  until  a
compliance tariff, or superseding tariff,  is  filed  by  the
telecommunications  carrier  and, after notice to the parties
in the case and after a compliance hearing is held, is  found
by  the  Commission to be in compliance with the Commission's
order.
(Source: P.A. 84-1063.)

    (220 ILCS 5/13-502) (from Ch. 111 2/3, par. 13-502)
    (Section scheduled to be repealed on July 1, 2001)
    Sec. 13-502.  Classification of services.
    (a)  All telecommunications services offered or  provided
under   tariff   by   telecommunications  carriers  shall  be
classified  as  either  competitive  or  noncompetitive.    A
telecommunications   carrier  may  offer  or  provide  either
competitive or noncompetitive telecommunications services, or
both, subject to proper certification  and  other  applicable
provisions  of  this  Article.   Any  tariff  filed  with the
Commission as  required  by  Section  13-501  shall  indicate
whether  the service to be offered or provided is competitive
or noncompetitive.
    (b)  A service shall be classified  as  competitive  only
if,  and only to the extent that, for some identifiable class
or group of customers in an exchange, group of exchanges,  or
some  other  clearly defined geographical area, such service,
or its functional equivalent, or  a  substitute  service,  is
reasonably  available from more than one provider, whether or
not any such provider is a telecommunications carrier subject
to regulation under this Act. All telecommunications services
not properly classified as competitive shall be classified as
noncompetitive.  The  Commission  shall  have  the  power  to
investigate  the  propriety  of  any  classification   of   a
telecommunications  service  on  its  own  motion  and  shall
investigate upon complaint.  In any hearing or investigation,
the  burden  of  proof as to the proper classification of any
service  shall  rest  upon  the  telecommunications   carrier
providing   the  service.   After  notice  and  hearing,  the
Commission shall  order  the  proper  classification  of  any
service  in  whole or in part.  The Commission shall make its
determination and issue its final order  no  later  than  180
days   from   the  date  such  hearing  or  investigation  is
initiated. If the  Commission  enters  into  a  hearing  upon
complaint  and  if  the  Commission  fails  to issue an order
within that period, the complaint  shall  be  deemed  granted
unless    the    Commission,   the   complainant,   and   the
telecommunications carrier providing  the  service  agree  to
extend the time period.
    (c)  In   determining   whether   a   service  should  be
reclassified as  competitive,  the  Commission  shall,  at  a
minimum, consider the following factors:
         (1)  the  number,  size, and geographic distribution
    of other providers of the service;
         (2)  the  availability  of  functionally  equivalent
    services in the relevant geographic area and the  ability
    of   telecommunications carriers or other persons to make
    the same, equivalent, or  substitutable  service  readily
    available  in  the  relevant  market at comparable rates,
    terms, and conditions;
         (3)  the existence of  economic,  technological,  or
    any  other  barriers  to  entry  into,  or exit from, the
    relevant market;
         (4)  the extent to  which  other  telecommunications
    companies   must   rely   upon  the  service  of  another
    telecommunications carrier to provide  telecommunications
    service; and
         (5)  any  other  factors that may affect competition
    and  the  public  interest  that  the  Commission   deems
    appropriate.
    (d)  No   tariff  classifying  a  new  telecommunications
service  as  competitive  or   reclassifying   a   previously
noncompetitive  telecommunications  service  as  competitive,
which  is  filed  by  a telecommunications carrier which also
offers or provides noncompetitive telecommunications service,
shall be effective unless and until  such  telecommunications
carrier  offering  or  providing,  or  seeking  to  offer  or
provide, such proposed competitive service prepares and files
a  study  of the long-run service incremental cost underlying
such service and demonstrates that  the  tariffed  rates  and
charges  for  the  service and any relevant group of services
that includes the proposed competitive service and for  which
resources are used in common solely by that group of services
are  not  less  than the long-run service incremental cost of
providing the service and each relevant  group  of  services.
Such  study  shall  be  given  proprietary  treatment  by the
Commission at the  request  of  such  carrier  if  any  other
provider   of   the   competitive   service,  its  functional
equivalent, or a substitute service in the geographical  area
described  by  the  proposed tariff has not filed, or has not
been required to file, such a study.
    (e) (d)  In the event any telecommunications service  has
been   classified   and   filed   as   competitive   by   the
telecommunications  carrier, and has been offered or provided
on such basis, and  the  Commission  subsequently  determines
after   investigation  that  such  classification  improperly
included services which  were  in  fact  noncompetitive,  the
Commission  shall  have  the  power  to  determine  and order
refunds to customers  for  any  overcharges  which  may  have
resulted  from  the improper classification, or to order such
other remedies provided to it under this Act, or to  seek  an
appropriate   remedy  or  relief  in  a  court  of  competent
jurisdiction.
    (f) (e)  If no hearing  or  investigation  regarding  the
propriety    of    a    competitive   classification   of   a
telecommunications service is initiated within 180 days after
a telecommunications carrier  files  a  tariff  listing  such
telecommunications  service  as  competitive,  no  refunds to
customers for  any  overcharges  which  may  result  from  an
improper  classification shall be ordered for the period from
the time the telecommunications  carrier  filed  such  tariff
listing  the  service  as  competitive  up  to  the  time  an
investigation  of  the service classification is initiated by
the Commission's own motion or the  filing  of  a  complaint.
Where  a  hearing or an investigation regarding the propriety
of a telecommunications service classification as competitive
is initiated after 180 days from the filing  of  the  tariff,
the  period  subject  to  refund  for improper classification
shall begin on the date  such  investigation  or  hearing  is
initiated   by  the  filing  of  a  Commission  motion  or  a
complaint.
(Source: P.A. 90-185, eff. 7-23-97.)

    (220 ILCS 5/13-502.5 new)
    Sec.  13-502.5.  Services  alleged   to   be   improperly
classified.
    (a)  Any   action   or   proceeding  pending  before  the
Commission upon the effective date of this amendatory Act  of
the  92nd  General  Assembly  in  which  it is alleged that a
telecommunications carrier has improperly classified services
as competitive, other  than  a  case  pertaining  to  Section
13-506.1,  shall  be  abated  and  shall not be maintained or
continued.
    (b)  All retail telecommunications services  provided  to
business end users by any telecommunications carrier subject,
as  of  May  1,  2001,  to  alternative  regulation  under an
alternative regulation plan pursuant to Section  13-506.1  of
this  Act  shall  be  classified  as  competitive  as  of the
effective date of this amendatory Act  of  the  92nd  General
Assembly  without further Commission review. Rates for retail
telecommunications services provided to  business  end  users
with  4  or fewer access lines shall not exceed the rates the
carrier charged for those  services  on  May  1,  2001.  This
restriction  upon  the  rates  of  retail  telecommunications
services provided to business end users shall remain in force
and  effect  through  July  1,  2005; provided, however, that
nothing in  this  Section  shall  be  construed  to  prohibit
reduction of those rates. Rates for retail telecommunications
services provided to business end users with 5 or more access
lines  shall  not be subject to the restrictions set forth in
this subsection.
    (c)  All retail vertical  services,  as  defined  herein,
that are provided by a telecommunications carrier subject, as
of   May   1,   2001,  to  alternative  regulation  under  an
alternative regulation plan pursuant to Section  13-506.1  of
this  Act  shall  be  classified as competitive as of June 1,
2003  without  further  Commission  review.  Retail  vertical
services  shall  include,  for  purposes  of  this   Section,
services  available on a subscriber's telephone line that the
subscriber pays for on a periodic or per use basis, but shall
not include caller identification and call waiting.
    (d)  Any action or proceeding before the Commission  upon
the effective date of this amendatory Act of the 92nd General
Assembly,  in  which  it is alleged that a telecommunications
carrier has improperly classified  services  as  competitive,
other  than  a  case pertaining to Section 13-506.1, shall be
abated and the services the classification  of  which  is  at
issue shall be deemed either competitive or noncompetitive as
set  forth  in  this  Section. Any telecommunications carrier
subject to an action or proceeding in  which  it  is  alleged
that the telecommunications carrier has improperly classified
services as competitive shall be deemed liable to refund, and
shall  refund,  the sum of $90,000,000 to that class or those
classes of its customers that were alleged to have paid rates
in excess of  noncompetitive  rates  as  the  result  of  the
alleged   improper   classification.  The  telecommunications
carrier shall make the refund no later than  120  days  after
the effective date of this amendatory Act of the 92nd General
Assembly.
    (e)  Any  telecommunications carrier subject to an action
or   proceeding   in   which   it   is   alleged   that   the
telecommunications carrier has improperly classified services
as competitive shall also pay the sum of $15,000,000  to  the
Digital  Divide  Elimination  Fund  established  pursuant  to
Section  5-20  of  the  Eliminate the Digital Divide Law, and
shall further pay the  sum  of  $15,000,000  to  the  Digital
Divide  Elimination  Infrastructure Fund established pursuant
to Section  13-301.3  of  this  Act.  The  telecommunications
carrier  shall  make each of these payments in 3 installments
of $5,000,000, payable on July 1 of  2002,  2003,  and  2004.
The   telecommunications   carrier   shall  have  no  further
accounting for these payments, which shall be  used  for  the
purposes established in the Eliminate the Digital Divide Law.
    (f)  All  other  services shall be classified pursuant to
Section 13-502 of this Act.

    (220 ILCS 5/13-509) (from Ch. 111 2/3, par. 13-509)
    (Section scheduled to be repealed on July 1, 2001)
    Sec. 13-509.  Agreements for  provisions  of  competitive
telecommunications   services   differing   from  tariffs.  A
telecommunications carrier may negotiate  with  customers  or
prospective      customers     to     provide     competitive
telecommunications service, and in so  doing,  may  offer  or
agree  to  provide  such  service  on such terms and for such
rates or charges as are reasonable,  without  regard  to  any
tariffs it may have filed with the Commission with respect to
such  services.    Within 30 10 business days after executing
any such agreement, the telecommunications carrier shall file
any contract or memorandum of understanding for the provision
of telecommunications service, which shall include the  rates
or  other charges, practices, rules or regulations applicable
to the agreed provision of such service.   Any  cost  support
required to be filed with the agreement by some other Section
of  this  Act shall be filed within 30 business calendar days
after executing any such  agreement.    Where  the  agreement
contains  the  same  rates,  charges,  practices,  rules, and
regulations found in a single contract or memorandum  already
filed  by the telecommunications carrier with the Commission,
instead  of  filing   the   contract   or   memorandum,   the
telecommunications   carrier  may  elect  to  file  a  letter
identifying the new agreement  and  specifically  referencing
the   contract   or  memorandum  already  on  file  with  the
Commission which contains  the  same  provisions.   A  single
letter  may be used to file more than one new agreement. Upon
filing  its  contract   or   memorandum,   or   letter,   the
telecommunications  carrier  shall thereafter provide service
according to the terms thereof, unless the Commission  finds,
after  notice  and  hearing,  that the continued provision of
service  pursuant  to  such  contract  or  memorandum   would
substantially and adversely affect the financial integrity of
the  telecommunications  carrier  or  would violate any other
provision of this Act.
    Any  contract  or  memorandum  entered  into  and   filed
pursuant  to  the  provisions  of  this  Section  may, in the
Commission's discretion, be accorded proprietary treatment.
(Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)

    (220 ILCS 5/13-514)
    (Section scheduled to be repealed on July 1, 2001)
    Sec. 13-514.  Prohibited  Actions  of  Telecommunications
Carriers.   A  telecommunications carrier shall not knowingly
impede   the    development    of    competition    in    any
telecommunications  service market.  The following prohibited
actions are considered per se impediments to the  development
of competition; however, the Commission is not limited in any
manner to these enumerated impediments and may consider other
actions which impede competition to be prohibited:
    (1)  unreasonably  refusing  or delaying interconnections
or collocation or providing inferior connections  to  another
telecommunications carrier;
    (2)  unreasonably   impairing   the  speed,  quality,  or
efficiency of services  used  by  another  telecommunications
carrier;
    (3)  unreasonably  denying  a request of another provider
for information regarding the technical design and  features,
geographic  coverage, information necessary for the design of
equipment,  and traffic capabilities of  the  local  exchange
network   except  for  proprietary  information  unless  such
information  is  subject  to  a  proprietary   agreement   or
protective order;
    (4)  unreasonably  delaying  access in connecting another
telecommunications carrier  to  the  local  exchange  network
whose product or service requires novel or specialized access
requirements;
    (5)  unreasonably  refusing  or  delaying  access  by any
person to another telecommunications carrier;
    (6)  unreasonably acting or failing to act  in  a  manner
that  has  a  substantial  adverse  effect  on the ability of
another telecommunications carrier to provide service to  its
customers;
    (7)  unreasonably  failing to offer services to customers
in a local exchange, where a  telecommunications  carrier  is
certificated  to  provide  service  and  has  entered into an
interconnection agreement for the provision of local exchange
telecommunications services, with  the  intent  to  delay  or
impede   the   ability   of   the  incumbent  local  exchange
telecommunications    carrier    to    provide     inter-LATA
telecommunications services; and
    (8)  violating  the  terms  of  or  unreasonably delaying
implementation of an interconnection agreement  entered  into
pursuant to Section 252 of the federal Telecommunications Act
of  1996  in a manner that unreasonably delays, increases the
cost,  or  impedes  the  availability  of  telecommunications
services to consumers;.
    (9)  unreasonably  refusing  or  delaying  access  to  or
provision   of   operation   support   systems   to   another
telecommunications carrier or  providing  inferior  operation
support systems to another telecommunications carrier;
    (10)  unreasonably failing to offer network elements that
the  Commission  or the Federal Communications Commission has
determined must be offered on an unbundled basis  to  another
telecommunications  carrier  in  a manner consistent with the
Commission's or Federal Communications Commission's orders or
rules requiring such offerings;
    (11)  violating the obligations of Section 13-801; and
    (12)  violating an  order  of  the  Commission  regarding
matters between telecommunications carriers.
(Source: P.A. 90-185, eff. 7-23-97.)

    (220 ILCS 5/13-515)
    (Section scheduled to be repealed on July 1, 2001)
    Sec. 13-515.  Enforcement.
    (a)  The  following expedited procedures shall be used to
enforce the provisions of Section 13-514 of this  Act  except
as  provided in subsection (b).  However, the Commission, the
complainant, and the respondent may mutually agree to  adjust
the   procedures   established   in  this  Section.   If  the
Commission determines, pursuant to subsection (b),  that  the
procedural  provisions  of  this  Section  do  not apply, the
complaint shall continue pursuant to  the  general  complaint
provisions of Article X.
    (b)  (Blank).  The  provisions  of this Section shall not
apply to an allegation of a violation of item (8) of  Section
13-514  by  a Bell operating company, as defined in Section 3
of the federal Telecommunications Act  of  1996,  unless  and
until  such company or its affiliate is authorized to provide
inter-LATA services  under  Section  271(d)  of  the  federal
Telecommunications  Act  of  1996;  provided, however, that a
complaint setting forth a separate independent  basis  for  a
violation  of  Section  13-514 may proceed under this Section
notwithstanding that the alleged acts or omissions  may  also
constitute a violation of item (8) of Section 13-514.
    (c)  No  complaint  may be filed under this Section until
the complainant has first  notified  the  respondent  of  the
alleged  violation  and  offered  the  respondent 48 hours to
correct  the  situation.   Provision  of   notice   and   the
opportunity  to  correct  the  situation creates a rebuttable
presumption of knowledge  under  Section  13-514.  After  the
filing  of  a  complaint  under this Section, the parties may
agree to follow the mediation process under Section  10-101.1
of  this  Act.   The  time  periods  specified in subdivision
(d)(7) of this Section shall be tolled during the time  spent
in mediation under Section 10-101.1.
    (d)  A  telecommunications  carrier  may file a complaint
with the Commission alleging a violation of Section 13-514 in
accordance with this subsection:
         (1)  The complaint shall be  filed  with  the  Chief
    Clerk  of the Commission and shall be served in hand upon
    the respondent, the executive director, and  the  general
    counsel of the Commission at the time of the filing.
         (2)  A  complaint  filed under this subsection shall
    include a statement that the requirements  of  subsection
    (c)  have  been fulfilled and that the respondent did not
    correct the situation as requested.
         (3)  Reasonable discovery specific to the  issue  of
    the complaint may commence upon filing of the complaint.
    Requests  for  discovery  must  be  served  in  hand  and
    responses  to  discovery  must be provided in hand to the
    requester within 14 days after a request for discovery is
    made.
         (4)  An answer and any other responsive pleading  to
    the  complaint  shall  be  filed  with the Commission and
    served in hand at the same time upon the complainant, the
    executive  director,  and  the  general  counsel  of  the
    Commission within 7 days after  the  date  on  which  the
    complaint is filed.
         (5)  If the answer or responsive pleading raises the
    issue  that the complaint violates subsection (i) of this
    Section,  the  complainant  may  file  a  reply  to  such
    allegation within 3 days after  actual  service  of  such
    answer  or  responsive pleading.  Within 4 days after the
    time for filing a reply has expired, the hearing  officer
    or  arbitrator  shall  either  issue  a  written decision
    dismissing the complaint as  frivolous  in  violation  of
    subsection  (i) of this Section including the reasons for
    such disposition or shall issue an order  directing  that
    the complaint shall proceed.
         (6)  A  pre-hearing  conference shall be held within
    14 days after the date on which the complaint is filed.
         (7)  The hearing shall commence within  30  days  of
    the  date  on  which the complaint is filed.  The hearing
    may  be  conducted  by  a  hearing  examiner  or  by   an
    arbitrator.   Parties  and  the Commission staff shall be
    entitled to present evidence and legal argument  in  oral
    or  written  form  as  deemed  appropriate by the hearing
    examiner  or  arbitrator.   The   hearing   examiner   or
    arbitrator  shall issue a written decision within 60 days
    after the date on which  the  complaint  is  filed.   The
    decision shall include reasons for the disposition of the
    complaint and, if a violation of Section 13-514 is found,
    directions   and   a   deadline  for  correction  of  the
    violation.
         (8)  Any party may file a  petition  requesting  the
    Commission to review the decision of the hearing examiner
    or  arbitrator within 5 days of such decision.  Any party
    may file a response to a petition  for  review  within  3
    business  days  after  actual  service  of  the petition.
    After the time for filing of the petition for review, but
    no later than 15 days after the decision of  the  hearing
    examiner  or  arbitrator,  the Commission shall decide to
    adopt the decision of the hearing examiner or  arbitrator
    or shall issue its own final order.
    (e)  If  the  alleged violation has a substantial adverse
effect on the ability of the complainant to  provide  service
to  customers, the complainant may include in its complaint a
request for an order for emergency relief.   The  Commission,
acting through its designated hearing examiner or arbitrator,
shall  act  upon such a request within 2 business days of the
filing of the complaint.  An order for emergency  relief  may
be  granted,  without an evidentiary hearing, upon a verified
factual showing that the party  seeking  relief  will  likely
succeed on the merits, that the party will suffer irreparable
harm in its ability to serve customers if emergency relief is
not  granted,  and  that the order is in the public interest.
An order for emergency relief shall include  a  finding  that
the  requirements  of this subsection have been fulfilled and
shall specify the directives that must be  fulfilled  by  the
respondent  and  deadlines for meeting those directives.  The
decision of the hearing examiner or arbitrator  to  grant  or
deny  emergency  relief  shall  be considered an order of the
Commission unless the Commission enters its own order  within
2  calendar  days  of the decision of the hearing examiner or
arbitrator.  The order for emergency relief may  require  the
responding  party  to  act  or  refrain  from acting so as to
protect the provision of  competitive  service  offerings  to
customers.   Any action required by an emergency relief order
must be technically feasible and economically reasonable  and
the  respondent  must be given a reasonable period of time to
comply with the order.
    (f)  The  Commission  is  authorized  to  obtain  outside
resources including, but  not  limited  to,  arbitrators  and
consultants  for  the  purposes of the hearings authorized by
this Section.  Any arbitrator or consultant obtained  by  the
Commission  shall be approved by both parties to the hearing.
The cost of such outside resources including, but not limited
to,  arbitrators  and  consultants  shall  be  borne  by  the
parties.   The  Commission  shall   review   the   bill   for
reasonableness  and  assess  the parties for reasonable costs
dividing  the  costs  according  to  the  resolution  of  the
complaint brought under this Section.  Such  costs  shall  be
paid by the parties directly to the arbitrators, consultants,
and other providers of outside resources within 60 days after
receiving  notice  of  the  assessments  from the Commission.
Interest at the statutory rate shall accrue after  expiration
of   the   60-day   period.    The  Commission,  arbitrators,
consultants, or other  providers  of  outside  resources  may
apply  to  a  court  of  competent  jurisdiction for an order
requiring payment.
    (g)  The Commission shall assess the parties  under  this
subsection for all of the Commission's costs of investigation
and  conduct  of  the  proceedings brought under this Section
including, but not  limited  to,  the  prorated  salaries  of
staff,  attorneys,  hearing  examiners, and support personnel
and including any travel and per diem, directly  attributable
to  the  complaint  brought  pursuant  to  this  Section, but
excluding  those  costs  provided  for  in  subsection   (f),
dividing  the  costs  according  to  the  resolution  of  the
complaint  brought  under this Section.  All assessments made
under this subsection shall be paid into the  Public  Utility
Fund within 60 days after receiving notice of the assessments
from  the  Commission.   Interest at the statutory rate shall
accrue after the  expiration  of  the  60  day  period.   The
Commission  is  authorized  to  apply to a court of competent
jurisdiction for an order requiring payment.
    (h)  If  the  Commission  determines  that  there  is  an
imminent threat to competition or to the public interest, the
Commission may, notwithstanding any other provision  of  this
Act,  seek  temporary,  preliminary,  or permanent injunctive
relief from a court of competent jurisdiction either prior to
or after the hearing.
    (i)  A party shall  not  bring  or  defend  a  proceeding
brought  under  this Section or assert or controvert an issue
in a proceeding brought under this Section, unless there is a
non-frivolous basis for doing so.  By presenting a  pleading,
written motion, or other paper in complaint or defense of the
actions or inaction of a party under this Section, a party is
certifying to the Commission that to the best of that party's
knowledge, information, and belief, formed after a reasonable
inquiry  of  the  subject matter of the complaint or defense,
that the complaint or defense is well  grounded  in  law  and
fact, and under the circumstances:
         (1)  it  is  not being presented to harass the other
    party,  cause  unnecessary  delay  in  the  provision  of
    competitive telecommunications services to consumers,  or
    create needless increases in the cost of litigation; and
         (2)  the  allegations  and other factual contentions
    have  evidentiary  support   or,   if   specifically   so
    identified,  are likely to have evidentiary support after
    reasonable  opportunity  for  further  investigation   or
    discovery as defined herein.
    (j)  If,  after  notice  and  a reasonable opportunity to
respond, the Commission determines that  subsection  (i)  has
been   violated,  the  Commission  shall  impose  appropriate
sanctions upon  the  party  or  parties  that  have  violated
subsection  (i)  or  are  responsible for the violation.  The
sanctions shall be not more than  $30,000  $7,500,  plus  the
amount  of  expenses accrued by the Commission for conducting
the  hearing.   Payment  of  sanctions  imposed  under   this
subsection  shall be made to the Common School Fund within 30
days of imposition of such sanctions.
    (k)  An appeal of a Commission  Order  made  pursuant  to
this  Section shall not effectuate a stay of the Order unless
a court of competent jurisdiction specifically finds that the
party seeking the stay will likely  succeed  on  the  merits,
that the party will suffer irreparable harm without the stay,
and that the stay is in the public interest.
(Source: P.A. 90-185, eff. 7-23-97; 90-574, eff. 3-20-98.)

    (220 ILCS 5/13-516)
    (Section scheduled to be repealed on July 1, 2001)
    Sec. 13-516. Enforcement remedies Penalties for violation
of  a  Commission  order relating to prohibited actions by of
telecommunications carriers.
    (a)  In addition to any other provision of this Act,  all
of  the  following  remedies may be applied for violations of
Section 13-514:
         (1)  A  Commission  order  directing  the  violating
    telecommunications  carrier  to  cease  and  desist  from
    violating the Act or a Commission order or rule.
         (2)  Notwithstanding any  other  provision  of  this
    Act, for a second and any subsequent violation of Section
    13-514  committed  by  a telecommunications carrier after
    the effective date of this amendatory  Act  of  the  92nd
    General  Assembly, the Commission may impose penalties of
    up to  $30,000  or  0.00825%  of  the  telecommunications
    carrier's   gross  intrastate  annual  telecommunications
    revenue, whichever is greater, per violation  unless  the
    telecommunications   carrier   has   fewer   than  35,000
    subscriber access lines, in which case the civil  penalty
    may  not exceed $2,000 per violation.  The second and any
    subsequent violation of Section 13-514 need not be of the
    same nature or provision of the Section for a penalty  to
    be  imposed  of  a  final order or emergency relief order
    issued pursuant to Section 13-515 of  this  Act.  Matters
    resolved  through voluntary mediation pursuant to Section
    10-101.1 shall  not  be  considered  as  a  violation  of
    Section 13-514 in computing eligibility for imposition of
    a  penalty  under  this subdivision (a)(2). Each day of a
    continuing  offense  shall  be  treated  as  a   separate
    violation  for purposes of levying any penalty under this
    Section.  The period for which the penalty fine shall  be
    levied  shall  commence on the day the telecommunications
    carrier first violated Section 13-514 or on  the  day  of
    the  notice  provided  to  the telecommunications carrier
    pursuant to subsection (c) of Section  13-515,  whichever
    is  later,  Commission order requires compliance with the
    order and shall  continue  until  the  telecommunications
    carrier party is in compliance with the Commission order.
    In assessing a penalty under this subdivision (a)(2), the
    Commission  may  consider  mitigating  factors, including
    those specified in items (1) through  (4)  of  subsection
    (a) of Section 13-304.
         (3)  The  Commission shall award damages, attorney's
    fees, and costs to any  telecommunications  carrier  that
    was subjected to a violation of Section 13-514.
    (b)  The  Commission  may  waive  penalties imposed under
subdivision subsection (a)(2) if it makes a  written  finding
as  to its reasons for waiving the penalty fine.  Reasons for
waiving a penalty fine shall include, but not be limited  to,
technological infeasibility and acts of God.
    (c)  The  Commission  shall  establish by rule procedures
for the imposition of remedies penalties under subsection (a)
that, at a minimum, provide for notice, hearing and a written
order relating to the imposition of remedies penalties.
    (d)  Unless  enforcement  of  an  order  entered  by  the
Commission under  Section  13-515  otherwise  directs  or  is
stayed  by  the Commission or by an appellate court reviewing
the Commission's order, at any time after 30  days  from  the
entry   of   the   order,   either  the  Commission,  or  the
telecommunications carrier found by the  Commission  to  have
been  subjected to a violation of Section 13-514, or both, is
authorized to petition a court of competent jurisdiction  for
an  order  at  law  or in equity requiring enforcement of the
Commission order.  The court shall determine (1) whether  the
Commission  entered  the order identified in the petition and
(2) whether  the  violating  telecommunications  carrier  has
complied  with  the Commission's order. A certified copy of a
Commission order shall  be  prima  facie  evidence  that  the
Commission  entered  the  order  so  certified.  Pending  the
court's  resolution  of  the  petition,  the  court may award
temporary or preliminary injunctive  relief,  or  such  other
equitable   relief   as  may  be  necessary,  to  effectively
implement and enforce the  Commission's  order  in  a  timely
manner.
    If  after  a  hearing the court finds that the Commission
entered the order identified in the  petition  and  that  the
violating  telecommunications  carrier  has not complied with
the  Commission's  order,  the  court  shall  enter  judgment
requiring the violating telecommunications carrier to  comply
with  the  Commission's order and order such relief at law or
in  equity  as  the  court  deems  necessary  to  effectively
implement and enforce the  Commission's  order  in  a  timely
manner.  The  court  shall  also  award to the petitioner, or
petitioners, attorney's fees and costs, which shall be  taxed
and collected as part of the costs of the case.
    If  the court finds that the violating telecommunications
carrier has failed to  comply  with  the  timely  payment  of
damages, attorney's fees, or costs ordered by the Commission,
the   court  shall  order  the  violating  telecommunications
carrier to pay to the telecommunications carrier or  carriers
awarded  the  damages,  fees,  or  costs  by  the  Commission
additional  damages  for  the  sake  of example and by way of
punishment for the failure to timely comply with the order of
the Commission, unless the court finds a reasonable basis for
the violating telecommunications carrier's  failure  to  make
timely  payment according to the Commission's order, in which
instance the court shall establish a new date for payment  to
be  made. The Commission is authorized to apply to a court of
competent jurisdiction for  an  order  requiring  payment  of
penalties imposed under subsection (a).
    (e)  Payment  of  damages,  attorney's  fees,  and  costs
penalties  imposed  under subsection (a) shall be made within
30 days after issuance of the Commission order  imposing  the
penalties,   damages,   attorney's  fees,  or  costs,  unless
otherwise directed by the Commission  or  a  reviewing  court
under  an  appeal  taken  pursuant  to Article X.  Payment of
penalties imposed under subsection (a) shall be made  to  the
Common  School  Fund  within  30  days  of  issuance  of  the
Commission order imposing the penalties.
(Source: P.A. 90-185, eff. 7-23-97.)

    (220 ILCS 5/13-517 new)
    Sec.  13-517.   Provision  of advanced telecommunications
services.
    (a)  Every    Incumbent    Local     Exchange     Carrier
(telecommunications   carrier   that  offers  or  provides  a
noncompetitive telecommunications  service)  shall  offer  or
provide advanced telecommunications services to not less than
80% of its customers by January 1, 2005.
    (b)  The  Commission  is  authorized  to  grant a full or
partial waiver of  the  requirements  of  this  Section  upon
verified  petition  of  any  Incumbent Local Exchange Carrier
("ILEC") which demonstrates that  full  compliance  with  the
requirements  of  this  Section  would be unduly economically
burdensome or technically infeasible or otherwise impractical
in exchanges with low population density.  Notice of any such
petition must be given to all potentially affected customers.
If no potentially affected customer requests the  opportunity
for  a hearing on the waiver petition, the Commission may, in
its discretion, allow  the  waiver  request  to  take  affect
without hearing.  The Commission shall grant such petition to
the  extent  that,  and  for such duration as, the Commission
determines that such waiver:
         (1)  is necessary:
              (A)  to avoid a  significant  adverse  economic
         impact   on  users  of  telecommunications  services
         generally;
              (B)  to avoid imposing a  requirement  that  is
         unduly economically burdensome;
              (C)  to  avoid  imposing  a requirement that is
         technically infeasible;  or
              (D)  to avoid imposing a  requirement  that  is
         otherwise impractical to implement in exchanges with
         low population density; and
         (2)  is   consistent   with   the  public  interest,
    convenience, and necessity.
The Commission shall act upon any petition filed  under  this
subsection  within  180  days  after receiving such petition.
The Commission may by rule establish standards  for  granting
any   waiver  of  the  requirements  of  this  Section.   The
Commission may, upon complaint or on its own motion,  hold  a
hearing  to  reconsider  its grant of a waiver in whole or in
part.  In the event that the Commission,  following  hearing,
determines  that  the  affected  ILEC  no  longer  meets  the
requirements  of  item (2) of this subsection, the Commission
shall by order rescind such waiver, in whole or in part.   In
the  event  and  to  the  degree the Commission rescinds such
waiver, the  Commission  shall  establish  an  implementation
schedule   for  compliance  with  the  requirements  of  this
Section.
    (c)  As    used    in     this     Section,     "advanced
telecommunications   services"   means  services  capable  of
supporting, in at least one direction, a speed in  excess  of
200  kilobits  per  second  (kbps) to the network demarcation
point at the subscriber's premises.

    (220 ILCS 5/13-518 new)
    Sec. 13-518. Optional service packages.
    (a)  It  is  the  intent  of  this  Section  to   provide
unlimited  local  service packages at prices that will result
in savings for the average consumer. Each  telecommunications
carrier   that   provides   competitive   and  noncompetitive
services, and that is subject to  an  alternative  regulation
plan  pursuant  to  Section  13-506.1  of this Article, shall
provide, in addition to such other services as it offers, the
following optional packages of services for a  fixed  monthly
rate, which, along with the terms and conditions thereof, the
Commission  shall review, pursuant to Article IX of this Act,
to determine whether such rates, terms,  and  conditions  are
fair, just, and reasonable.
         (1)  A   budget  package,  which  shall  consist  of
    residential access service and unlimited local calls.
         (2)  A flat rate package,  which  shall  consist  of
    residential  access  service,  unlimited local calls, and
    the customer's choice of 2 vertical services  as  defined
    in this Section.
         (3)  An  enhanced  flat  rate  package,  which shall
    consist  of  residential  access  service  for  2  lines,
    unlimited  local  calls,  the  customer's  choice  of   2
    vertical   services  as  defined  in  this  Section,  and
    unlimited local toll service.
    (b)  Nothing  in  this  Section  or  this  Act  shall  be
construed to prohibit any telecommunications carrier  subject
to this Section from charging customers who elect to take one
of  the  groups of services offered pursuant to this Section,
any applicable surcharges, fees, and taxes.
    (c)  The term "vertical  services",  when  used  in  this
Section,  includes,  but  is not necessarily limited to, call
waiting, call forwarding,  3-way  calling,  caller  ID,  call
tracing, automatic callback, repeat dialing, and voicemail.
    (d)  The service packages described in this Section shall
be defined as noncompetitive services.

    (220 ILCS 5/13-712 new)
    Sec.   13-712.  Basic  local  exchange  service  quality;
customer credits.
    (a)  It is the intent of the General Assembly that  every
telecommunications   carrier  meet  minimum  service  quality
standards in providing basic  local  exchange  service  on  a
non-discriminatory basis to all classes of customers.
    (b)  Definitions:
         (1)  "Alternative  telephone  service" means, except
    where technically  impracticable,  a  wireless  telephone
    capable  of making local calls, and may also include, but
    is not limited to, call forwarding, voice mail, or paging
    services.
         (2)  "Basic   local    exchange    service"    means
    residential  and  business  lines used for local exchange
    telecommunications service as defined in  Section  13-204
    of this Act, excluding:
              (A)  services      that     employ     advanced
         telecommunications capability as defined in  Section
         706(c)(1)  of  the federal Telecommunications Act of
         1996;
              (B)  vertical services;
              (C)  company official lines; and
              (D)  records work only.
         (3)  "Link Up" refers  to  the  Link  Up  Assistance
    program  defined  and  established  at  47 C.F.R. Section
    54.411 et seq. as amended.
    (c)  The  Commission  shall  promulgate  service  quality
rules for basic local exchange  service,  which  may  include
fines,  penalties,  customer  credits,  and other enforcement
mechanisms.  In developing such service  quality  rules,  the
Commission  shall consider, at a minimum, the carrier's gross
annual  intrastate  revenue;  the  frequency,  duration,  and
recurrence of the violation; and the relative harm caused  to
the  affected  customer  or  other  users of the network.  In
imposing  fines,  the  Commission  shall  take  into  account
compensation  or  credits  paid  by  the   telecommunications
carrier   to  its  customers  pursuant  to  this  Section  in
compensation  for  the  violation  found  pursuant  to   this
Section.   These rules shall become effective within one year
after the effective date of this amendatory Act of  the  92nd
General Assembly.
    (d)  The   rules   shall,  at  a  minimum,  require  each
telecommunications carrier to do all of the following:
         (1)  Install basic local exchange service  within  5
    business days after receipt of an order from the customer
    unless the customer requests an installation date that is
    beyond  5 business days after placing the order for basic
    service and to inform the customer of its duty to install
    service  within  this  timeframe.   If  installation   of
    service is requested on or by a date more than 5 business
    days  in the future, the telecommunications carrier shall
    install   service   by    the    date    requested.     A
    telecommunications  carrier offering basic local exchange
    service utilizing the  network  or  network  elements  of
    another  carrier  shall install new lines for basic local
    exchange   service   within   3   business   days   after
    provisioning of the line or lines by  the  carrier  whose
    network   or  network  elements  are  being  utilized  is
    complete.  This subdivision (d)(1) does not apply to  the
    migration   of   a  customer  between  telecommunications
    carriers, so long as the customer maintains dial tone.
         (2)  Restore basic  local  exchange  service  for  a
    customer  within  24  hours  of  receiving  notice that a
    customer is out of service.  This  provision  applies  to
    service  disruptions  that occur when a customer switches
    existing basic local exchange service from one carrier to
    another.
         (3)  Keep all repair and  installation  appointments
    for   basic  local  exchange  service,  when  a  customer
    premises visit requires a customer to be present.
         (4)  Inform a customer when a repair or installation
    appointment requires the customer to be present.
    (e)  The rules shall include provisions for customers  to
be  credited by the telecommunications carrier for violations
of  basic  local  exchange  service  quality   standards   as
described  in subsection (d). The credits shall be applied on
the statement issued to the customer  for  the  next  monthly
billing  cycle  following  the  violation  or  following  the
discovery   of   the   violation.    The  performance  levels
established in subsection (c) are solely for the purposes  of
consumer  credits and shall not be used as performance levels
for the purposes of assessing penalties under Section 13-305.
At a minimum, the rules shall include the following:
         (1)  If a carrier fails to repair an  out-of-service
    condition  for  basic  local  exchange  service within 24
    hours,  the  carrier  shall  provide  a  credit  to   the
    customer.  If  the  service disruption is for 48 hours or
    less, the credit must be equal to a pro-rata  portion  of
    the  monthly  recurring  charges  for  all local services
    disrupted.  If the service disruption is for more than 48
    hours, but not more than 72 hours,  the  credit  must  be
    equal  to  at  least 33% of one month's recurring charges
    for  all  local  services  disrupted.   If  the   service
    disruption  is  for more than 72 hours, but not more than
    96 hours, the credit must be equal to at least 67% of one
    month's  recurring  charges  for   all   local   services
    disrupted.  If the service disruption is for more than 96
    hours,  but  not  more than 120 hours, the credit must be
    equal to one month's  recurring  charges  for  all  local
    services disrupted.  For each day or portion thereof that
    the  service  disruption  continues  beyond  the  initial
    120-hour  period,  the  carrier shall also provide either
    alternative telephone service or an additional credit  of
    $20 per day, at the customers option.
         (2)  If  a  carrier  fails  to  install  basic local
    exchange service as required  under  subdivision  (d)(1),
    the  carrier shall waive 50% of any installation charges,
    or in the absence of  an  installation  charge  or  where
    installation  is  pursuant  to  the  Link Up program, the
    carrier shall provide a credit  of  $25.   If  a  carrier
    fails  to  install  service within 10 business days after
    the service application is placed, or  fails  to  install
    service  within  5  business  days  after  the customer's
    requested installation date, if the  requested  date  was
    more  than  5  business days after the date of the order,
    the carrier shall waive 100% of the installation  charge,
    or  in  the  absence  of  an installation charge or where
    installation is provided pursuant to the Link Up program,
    the carrier shall provide a credit of $50.  For each  day
    that  the failure to install service continues beyond the
    initial 10 business days, or beyond 5 business days after
    the  customer's  requested  installation  date,  if   the
    requested  date  was  more than 5 business days after the
    date of the order, the carrier shall also provide  either
    alternative  telephone service or an additional credit of
    $20 per day, at the customer's option  until  service  is
    installed.
         (3)  If  a  carrier fails to keep a scheduled repair
    or installation  appointment  when  a  customer  premises
    visit  requires  a  customer  to  be present, the carrier
    shall credit the customer $50 per missed appointment.   A
    credit  required  by  this subsection does not apply when
    the carrier provides the customer with 24-hour notice  of
    its inability to keep the appointment.
         (4)  If  the  violation  of  a  basic local exchange
    service quality standard is caused  by  a  carrier  other
    than   the   carrier  providing  retail  service  to  the
    customer, the carrier providing  retail  service  to  the
    customer  shall  credit  the customer as provided in this
    Section.  The  carrier  causing   the   violation   shall
    reimburse the carrier providing retail service the amount
    credited    the    customer.    When    applicable,    an
    interconnection   agreement   shall  govern  compensation
    between the carrier causing the violation, in whole or in
    part, and the retail carrier providing the credit to  the
    customer.
         (5)  When    alternative    telephone   service   is
    appropriate,  the  customer  may  select   one   of   the
    alternative  telephone  services  offered by the carrier.
    The alternative telephone service shall be provided at no
    cost to the customer for the provision of local service.
         (6)  Credits required  by  this  subsection  do  not
    apply if the violation of a service quality standard:
              (i)  occurs  as  a  result  of  a  negligent or
         willful act on the part of the customer;
              (ii)  occurs as a result of  a  malfunction  of
         customer-owned telephone equipment or inside wiring;
              (iii)  occurs  as  a  result of, or is extended
         by, an emergency situation as defined in  Commission
         rules;
              (iv)  is extended by the carrier's inability to
         gain  access  to  the customer's premises due to the
         customer missing an appointment, provided  that  the
         violation is not further extended by the carrier;
              (v)  occurs  as  a result of a customer request
         to change the scheduled appointment,  provided  that
         the   violation  is  not  further  extended  by  the
         carrier;
              (vi)  occurs as a result of a  carrier's  right
         to  refuse  service  to  a  customer  as provided in
         Commission rules; or
              (vii)  occurs  as  a  result  of  a   lack   of
         facilities  where  a  customer requests service at a
         geographically remote location, a customer  requests
         service  in  a  geographic area where the carrier is
         not  currently  offering  service,  or   there   are
         insufficient   facilities  to  meet  the  customer's
         request  for  service,  subject   to   a   carrier's
         obligation for reasonable facilities planning.
         (7)  The   provisions   of   this   subsection   are
    cumulative  and  shall not in any way diminish or replace
    other civil or administrative  remedies  available  to  a
    customer or a class of customers.
    (f)  The  rules  shall  require  each  telecommunications
carrier  to  provide  to the Commission, on a quarterly basis
and in a  form  suitable  for  posting  on  the  Commission's
website,  a  public report that includes performance data for
basic  local  exchange  service  quality  of   service.   The
performance  data  shall be disaggregated for each geographic
area and each customer class  of  the  State  for  which  the
telecommunications  carrier  internally monitored performance
data as of a date 120 days preceding the  effective  date  of
this  amendatory Act of the 92nd General Assembly. The report
shall include, at a minimum, performance data on basic  local
exchange service installations, lines out of service for more
than  24  hours,  carrier response to customer calls, trouble
reports, and missed repair and installation commitments.
    (g)  The Commission shall establish and implement carrier
to carrier wholesale  service  quality  rules  and  establish
remedies to ensure enforcement of the rules.

    (220 ILCS 5/13-713 new)
    Sec. 13-713.  Consumer complaint resolution process.
    (a)  It  is  the  intent  of  the  General  Assembly that
consumer complaints against telecommunications carriers shall
be concluded as expeditiously as possible consistent with the
rights of the parties thereto to the due process of  law  and
protection of the public interest.
    (b)  The  Commission  shall  promulgate rules that permit
parties to resolve disputes through  mediation.   A  consumer
may  request  mediation  upon  completion of the Commission's
informal complaint process and prior to the initiation  of  a
formal complaint as described in Commission rules.
    (c)  A  residential  consumer  or  business consumer with
fewer than 20 lines shall have the right to request mediation
for  resolution  of  a  dispute  with  a   telecommunications
carrier.   The  carrier  shall  be required to participate in
mediation at the consumer's request.
    (d)  The  Commission  may  retain  the  services  of   an
independent  neutral  mediator or trained Commission staff to
facilitate resolution of the consumer dispute.  The mediation
process must be completed no later than  45  days  after  the
consumer requests mediation.
    (e)  If  the parties reach agreement, the agreement shall
be reduced to writing at the  conclusion  of  the  mediation.
The   writing   shall   contain  mutual  conditions,  payment
arrangements, or other terms that resolve the dispute in  its
entirety.   If  the  parties are unable to reach agreement or
after 45 days, whichever occurs first, the consumer may  file
a  formal  complaint  with  the  Commission  as  described in
Commission rules.
    (f)  If either the consumer or the carrier fails to abide
by the terms of the settlement agreement,  either  party  may
exercise  any rights it may have as specified in the terms of
the agreement or as provided in Commission rules.
    (g)  All  notes,  writings  and  settlement   discussions
related  to  the mediation shall be exempt from discovery and
shall be inadmissible in any agency or court proceeding.

    (220 ILCS 5/13-801) (from Ch. 111 2/3, par. 13-801)
    (Section scheduled to be repealed on July 1, 2001)
    Sec.   13-801.  Incumbent    local    exchange    carrier
obligations.
    (a)  This  Section provides additional State requirements
contemplated by, but not inconsistent with, Section 261(c) of
the federal Telecommunications Act of 1996, and not preempted
by  orders  of  the  Federal  Communications  Commission.   A
telecommunications carrier not subject to regulation under an
alternative  regulation  plan pursuant to Section 13-506.1 of
this Act shall not be  subject  to  the  provisions  of  this
Section, to the extent that this Section imposes requirements
or  obligations  upon  the  telecommunications  carrier  that
exceed  or  are more stringent than those obligations imposed
by Section 251 of the federal Telecommunications Act of  1996
and regulations promulgated thereunder.
    An  incumbent  local  exchange  carrier  shall  provide a
requesting telecommunications carrier  with  interconnection,
collocation,  network  elements,  and  access  to  operations
support  systems  on  just, reasonable, and nondiscriminatory
rates, terms, and conditions to enable the provision  of  any
and  all  existing and new telecommunications services within
the LATA, including, but not limited to, local  exchange  and
exchange  access.  The Commission shall require the incumbent
local   exchange   carrier   to   provide    interconnection,
collocation,  and  network elements in any manner technically
feasible to the fullest  extent  possible  to  implement  the
maximum   development   of   competitive   telecommunications
services  offerings.  As  used in this Section, to the extent
that interconnection, collocation, or network  elements  have
been  deployed for or by the incumbent local exchange carrier
or one of its  wireline  local  exchange  affiliates  in  any
jurisdiction,  it  shall be presumed that such is technically
feasible in Illinois.
    (b)  Interconnection.
         (1)  An  incumbent  local  exchange  carrier   shall
    provide   for   the   facilities  and  equipment  of  any
    requesting telecommunications  carrier's  interconnection
    with  the  incumbent  local exchange carrier's network on
    just, reasonable, and nondiscriminatory rates, terms, and
    conditions:
              (A)  for the transmission and routing of  local
         exchange,  and  exchange  access  telecommunications
         services;
              (B)  at  any  technically feasible point within
         the  incumbent  local  exchange  carrier's  network;
         however, the incumbent local  exchange  carrier  may
         not  require  the requesting carrier to interconnect
         at more than one technically feasible point within a
         LATA; and
              (C)  that is at  least  equal  in  quality  and
         functionality  to  that  provided  by  the incumbent
         local  exchange  carrier  to  itself   or   to   any
         subsidiary,  affiliate,  or any other party to which
         the  incumbent  local  exchange   carrier   provides
         interconnection.
         (2)  An  incumbent local exchange carrier shall make
    available to any requesting  telecommunications  carrier,
    to  the  extent  technically  feasible,  those  services,
    facilities, or interconnection agreements or arrangements
    that  the  incumbent local exchange carrier or any of its
    incumbent  local  exchange  subsidiaries  or   affiliates
    offers  in  another state under the terms and conditions,
    but not the stated rates, negotiated pursuant to  Section
    252 of the federal Telecommunications Act of 1996.  Rates
    shall  be established in accordance with the requirements
    of subsection (g) of this Section.   An  incumbent  local
    exchange   carrier  shall  also  make  available  to  any
    requesting  telecommunications  carrier,  to  the  extent
    technically  feasible,  and  subject  to  the  unbundling
    provisions  of   Section   251(d)(2)   of   the   federal
    Telecommunications  Act  of 1996, those unbundled network
    element or  interconnection  agreements  or  arrangements
    that  a local exchange carrier affiliate of the incumbent
    local exchange carrier obtains in another state from  the
    incumbent local exchange carrier in that state, under the
    terms  and conditions, but not the stated rates, obtained
    through negotiation, or through an arbitration  initiated
    by  the affiliate, pursuant to Section 252 of the federal
    Telecommunications  Act   of   1996.   Rates   shall   be
    established   in  accordance  with  the  requirements  of
    subsection (g) of this Section.
    (c)  Collocation. An  incumbent  local  exchange  carrier
shall provide for physical or virtual collocation of any type
of   equipment  for  interconnection  or  access  to  network
elements at the premises  of  the  incumbent  local  exchange
carrier  on  just,  reasonable,  and nondiscriminatory rates,
terms, and conditions. The equipment shall  include,  but  is
not limited to, optical transmission equipment, multiplexers,
remote  switching  modules,  and  cross-connects  between the
facilities or equipment of other  collocated  carriers.   The
equipment   shall   also   include   microwave   transmission
facilities  on  the  exterior  and  interior of the incumbent
local exchange carrier's premises  used  for  interconnection
to, or for access to network elements of, the incumbent local
exchange   carrier   or  a  collocated  carrier,  unless  the
incumbent  local  exchange  carrier   demonstrates   to   the
Commission  that it is not practical due to technical reasons
or space limitations.  An incumbent  local  exchange  carrier
shall  allow, and provide for, the most reasonably direct and
efficient cross-connects, that are consistent with safety and
network reliability  standards,  between  the  facilities  of
collocated  carriers.   An  incumbent  local exchange carrier
shall also allow, and provide for, cross connects  between  a
noncollocated  telecommunications  carrier's network elements
platform, or  a  noncollocated  telecommunications  carrier's
transport  facilities,  and  the facilities of any collocated
carrier,  consistent  with  safety  and  network  reliability
standards.
    (d)  Network  elements.   The  incumbent  local  exchange
carrier shall provide to  any  requesting  telecommunications
carrier,   for   the  provision  of  an  existing  or  a  new
telecommunications  service,  nondiscriminatory   access   to
network  elements  on  any  unbundled  or  bundled  basis, as
requested,  at  any  technically  feasible  point  on   just,
reasonable,   and   nondiscriminatory   rates,   terms,   and
conditions.
         (1)  An   incumbent  local  exchange  carrier  shall
    provide unbundled  network  elements  in  a  manner  that
    allows  requesting telecommunications carriers to combine
    those network elements to  provide  a  telecommunications
    service.
         (2)  An  incumbent  local exchange carrier shall not
    separate network elements that  are  currently  combined,
    except  at  the  explicit  direction  of  the  requesting
    carrier.
         (3)  Upon   request,  an  incumbent  local  exchange
    carrier shall combine any sequence of  unbundled  network
    elements   that   it   ordinarily  combines  for  itself,
    including but not limited to, unbundled network  elements
    identified   in  The  Draft  of  the  Proposed  Ameritech
    Illinois 271 Amendment  (I2A)  found  in  Schedule  SJA-4
    attached  to Exhibit 3.1 filed by Illinois Bell Telephone
    Company on or about March  28,  2001  with  the  Illinois
    Commerce  Commission  under  Illinois Commerce Commission
    Docket Number 00-0700.  The  Commission  shall  determine
    those  network  elements  the  incumbent  local  exchange
    carrier  ordinarily  combines  for  itself  if there is a
    dispute between the incumbent local exchange carrier  and
    the  requesting  telecommunications  carrier  under  this
    subdivision of this Section of this Act.
         The   incumbent  local  exchange  carrier  shall  be
    entitled    to    recover     from     the     requesting
    telecommunications   carrier   any  just  and  reasonable
    special construction costs  incurred  in  combining  such
    unbundled  network  elements  (i)  if  such costs are not
    already included in the established  price  of  providing
    the   network  elements,  (ii)  if  the  incumbent  local
    exchange  carrier  charges  such  costs  to  its   retail
    telecommunications   end   users,   and  (iii)  if  fully
    disclosed in advance to the requesting telecommunications
    carrier.  The  Commission  shall  determine  whether  the
    incumbent  local  exchange  carrier  is  entitled  to any
    special construction costs if there is a dispute  between
    the  incumbent  local exchange carrier and the requesting
    telecommunications carrier under this subdivision of this
    Section of this Act.
         (4)  A telecommunications carrier may use a  network
    elements  platform  consisting solely of combined network
    elements of  the  incumbent  local  exchange  carrier  to
    provide  end  to  end  telecommunications service for the
    provision   of   existing   and   new   local   exchange,
    interexchange  that  includes  local,  local  toll,   and
    intraLATA  toll,  and  exchange access telecommunications
    services within the LATA to its  end  users  or  payphone
    service      providers     without     the     requesting
    telecommunications carrier's  provision  or  use  of  any
    other facilities or functionalities.
         (5)  The  Commission  shall  establish  maximum time
    periods  for  the  incumbent  local  exchange   carrier's
    provision  of  network elements.  The maximum time period
    shall be no longer than the time period for the incumbent
    local exchange carrier's provision of  comparable  retail
    telecommunications   services   utilizing  those  network
    elements. The Commission may  establish  a  maximum  time
    period  for  a particular network element that is shorter
    than for a comparable retail  telecommunications  service
    offered  by  the  incumbent  local  exchange carrier if a
    requesting  telecommunications carrier  establishes  that
    it  shall  perform  other  functions  or activities after
    receipt of the  particular  network  element  to  provide
    telecommunications  services to end users.  The burden of
    proof for  establishing  a  maximum  time  period  for  a
    particular  network  element  that  is shorter than for a
    comparable retail telecommunications service  offered  by
    the  incumbent  local  exchange  carrier  shall be on the
    requesting telecommunications carrier.    Notwithstanding
    any other provision of this Article, unless and until the
    Commission  establishes  by  rule  or  order  a different
    specific  maximum  time  interval,   the   maximum   time
    intervals  shall  not  exceed  5  business  days  for the
    provision of unbundled loops, both digital and analog, 10
    business days for the conditioning of unbundled loops  or
    for  existing combinations of network elements for an end
    user that has existing local exchange  telecommunications
    service,  and  one  business day for the provision of the
    high frequency portion of the loop (line-sharing) for  at
    least   95%   of   the   requests   of   each  requesting
    telecommunications carrier for each month.
         In measuring the incumbent local exchange  carrier's
    actual  performance,  the  Commission  shall  ensure that
    occurrences beyond the control  of  the  incumbent  local
    exchange  carrier  that  adversely  affect  the incumbent
    local exchange carrier's performance  are  excluded  when
    determining  actual performance levels.  Such occurrences
    shall be determined by the Commission, but at  a  minimum
    must  include  work  stoppage  or other labor actions and
    acts  of  war.   Exclusions  shall  also  be   made   for
    performance  that  is  governed by agreements approved by
    the Commission and containing timeframes for the same  or
    similar    measures    or    for    when   a   requesting
    telecommunications  carrier  requests   a   longer   time
    interval.
         (6)  When  a  telecommunications  carrier requests a
    network elements  platform  referred  to  in  subdivision
    (d)(4)  of  this Section, without the need for field work
    outside of the central office, for an end user  that  has
    existing   local   exchange   telecommunications  service
    provided by an incumbent local exchange  carrier,  or  by
    another  telecommunications carrier through the incumbent
    local  exchange  carrier's  network  elements   platform,
    unless   otherwise   agreed   by  the  telecommunications
    carriers, the  incumbent  local  exchange  carrier  shall
    provide  the  requesting  telecommunications carrier with
    the requested network elements platform within 3 business
    days for at least 95% of the requests for each requesting
    telecommunications carrier for each month.  A  requesting
    telecommunications carrier may order the network elements
    platform  as  is  for  an end user that has such existing
    local  exchange  service  without  changing  any  of  the
    features  previously  selected  by  the  end  user.   The
    incumbent  local  exchange  carrier  shall  provide   the
    requested   network   elements   platform   without   any
    disruption to the end user's services.
         Absent    a    contrary    agreement   between   the
    telecommunications  carriers  entered  into   after   the
    effective date of this amendatory Act of the 92nd General
    Assembly,  as  of  12:01  a.m.  on the third business day
    after placing the order for a network elements  platform,
    the  requesting  telecommunications  carrier shall be the
    presubscribed primary local exchange carrier for that end
    user line and shall be entitled to receive, or to  direct
    the   disposition  of,  all  revenues  for  all  services
    utilizing the network elements in the platform, unless it
    is established that the end user of  the  existing  local
    exchange   service   did  not  authorize  the  requesting
    telecommunications carrier to make the request.
    (e)  Operations support systems.   The  Commission  shall
establish   minimum  standards  with  just,  reasonable,  and
nondiscriminatory  rates,  terms,  and  conditions  for   the
preordering,  ordering, provisioning, maintenance and repair,
and  billing  functions  of  the  incumbent  local   exchange
carrier's   operations  support  systems  provided  to  other
telecommunications carriers.
    (f)  Resale.  An incumbent local exchange  carrier  shall
offer   all  retail  telecommunications  services,  that  the
incumbent  local  exchange  carrier  provides  at  retail  to
subscribers who are not telecommunications  carriers,  within
the  LATA,  together with each applicable optional feature or
functionality, subject to resale at wholesale  rates  without
imposing  any  unreasonable  or  discriminatory conditions or
limitations. Wholesale rates shall be  based  on  the  retail
rates charged to end users for the telecommunications service
requested,  excluding the portion thereof attributable to any
marketing, billing, collection, and other  costs  avoided  by
the  local  exchange  carrier.  The  Commission may determine
under Article IX of  this  Act  that  certain  noncompetitive
services,  together  with each applicable optional feature or
functionality, that are offered to residence customers  under
different  rates, charges, terms, or conditions than to other
customers should not be subject to resale  under  the  rates,
charges,  terms,  or  conditions  available only to residence
customers.
    (g)  Cost  based  rates.  Interconnection,   collocation,
network  elements,  and  operations  support systems shall be
provided  by  the  incumbent  local   exchange   carrier   to
requesting  telecommunications  carriers at cost based rates.
The   immediate   implementation    and    provisioning    of
interconnection,    collocation,    network   elements,   and
operations support systems shall not be delayed  due  to  any
lack  of determination by the Commission as to the cost based
rates.  When cost based  rates  have  not  been  established,
within 30 days after the filing of a petition for the setting
of  interim  rates, or after the Commission's own motion, the
Commission shall provide for interim rates that shall  remain
in   full   force  and  effect  until  the  cost  based  rate
determination is made, or the interim rate  is  modified,  by
the Commission.
    (h)  Rural  exemption.  This  Section  does  not apply to
certain rural telephone companies as described in  47  U.S.C.
251(f).
    (i)  Schedule  of rates. A telecommunications carrier may
request the incumbent local exchange  carrier  to  provide  a
schedule  of  rates  listing each of the rate elements of the
incumbent local exchange carrier that pertains to a  proposed
order identified by the requesting telecommunications carrier
for  any  of  the  matters  covered  in  this  Section.   The
incumbent  local exchange carrier shall deliver the requested
schedule  of  rates  to  the  requesting   telecommunications
carrier  within  2  business days for 95% of the requests for
each requesting carrier
    (j)  Special access circuits.  Other than as provided  in
subdivision  (d)(4)  of this Section for the network elements
platform described  in  that  subdivision,  nothing  in  this
amendatory  Act  of  the 92nd General Assembly is intended to
require or prohibit the substitution of switched  or  special
access  services by or with a combination of network elements
nor address the Illinois Commerce  Commission's  jurisdiction
or authority in this area.
    (k)  The   Commission  shall  determine  any  matters  in
dispute between the incumbent local exchange carrier and  the
requesting carrier pursuant to Section 13-515 of this Act.
The  Commission  shall  prepare and issue an annual report on
the status of the telecommunications  industry  and  Illinois
regulation  thereof  on  January 31 of each year beginning in
1986. Such report shall include:
         (a)  A review of regulatory  decisions  and  actions
    from  the  preceding  year  and  a description of pending
    cases involving significant  telecommunications  carriers
    or issues;
         (b)  a   description   of   the   telecommunications
    industry  and  changes  or  trends therein, including the
    number,    type    and    size    of    firms    offering
    telecommunications services, whether or  not  such  firms
    are   subject  to  State  regulation,  telecommunications
    technologies in place and under  development,  variations
    in  the geographic availability of services and in prices
    for services, and penetration levels of subscriber access
    to local exchange service in  each  exchange  and  trends
    related thereto;
         (c)  the  status  of  compliance by carriers and the
    Commission with the requirements of this Article;
         (d)  the effects, and  likely  effects  of  Illinois
    regulatory   policies   and  practices,  including  those
    described  in   this   Article,   on   telecommunications
    carriers, services and customers;
         (e)  any   recommendations  for  legislative  change
    which  are  adopted  by  the  Commission  and  which  the
    Commission believes  are  in  the  interest  of  Illinois
    telecommunications customers; and
         (f)  any  other  information  or  analysis which the
    Commission is required to  provide  by  this  Article  or
    deems necessary to provide.
    The  Commission's  report  shall  be filed with the Joint
Committee on Legislative Support Services, the Governor,  and
the Public Counsel and shall be publicly available. The Joint
Committee  on  Legislative  Support  Services  shall  conduct
public   hearings  on  the  report  and  any  recommendations
therein.
(Source: P.A. 84-1063.)

    (220 ILCS 5/13-902)
    (Section scheduled to be repealed on July 1, 2001)
    Sec.  13-902.  Authorization  and   verification   of   a
subscriber's change in telecommunications carrier.
    (a)  Definitions; scope.
         (1)  "Submitting       carrier"       means      any
    telecommunications carrier that requests on behalf  of  a
    subscriber   that   the  subscriber's  telecommunications
    carrier be changed and seeks to provide  retail  services
    to the end user subscriber.
         (2)  "Executing       carrier"       means       any
    telecommunications  carrier that effects a request that a
    subscriber's telecommunications carrier be changed.
         (3)  "Authorized      carrier"       means       any
    telecommunications  carrier  that  submits  a  change, on
    behalf of a subscriber, in the subscriber's selection  of
    a   provider   of  telecommunications  service  with  the
    subscriber's authorization verified  in  accordance  with
    the procedures specified in this Section.
         (4)  "Unauthorized      carrier"      means      any
    telecommunications  carrier  that  submits  a  change, on
    behalf of a subscriber, in the subscriber's selection  of
    a  provider  of  telecommunications  service but fails to
    obtain  the  subscriber's   authorization   verified   in
    accordance with the procedures specified in this Section.
         (5)  "Unauthorized  change"  means  a  change  in  a
    subscriber's     selection     of     a    provider    of
    telecommunications  service   that   was   made   without
    authorization    verified    in   accordance   with   the
    verification procedures specified in this Section.
         (6)  "Subscriber" means:
              (A)  the  party  identified  in   the   account
         records  of  a  common  carrier  as  responsible for
         payment of the telephone bill;
              (B)  any adult person authorized by such  party
         to  change  telecommunications services or to charge
         services to the account; or
              (C)  any  person  contractually  or   otherwise
         lawfully authorized to represent such party.
    This   Section   does   not   apply  to  retail  business
subscribers served by more than 20 lines.
    (b)  Authorization from the subscriber.   "Authorization"
means an express, affirmative act by a subscriber agreeing to
the  change in the subscriber's telecommunications carrier to
another carrier.  A subscriber's  telecommunications  service
shall  be provided by the telecommunications carrier selected
by the subscriber.
    (c)  Authorization  and  verification   of   orders   for
telecommunications service.
         (1)  No  telecommunications  carrier shall submit or
    execute a  change  on  behalf  of  a  subscriber  in  the
    subscriber's     selection     of     a    provider    of
    telecommunications service except in accordance with  the
    procedures prescribed in this subsection.
         (2)  No  submitting carrier shall submit a change on
    the behalf of a subscriber in the subscriber's  selection
    of  a  provider  of  telecommunications  service prior to
    obtaining:
              (A)  authorization from the subscriber; and
              (B)  verification  of  that  authorization   in
         accordance  with  the  procedures prescribed in this
         Section.
    The  submitting  carrier  shall  maintain  and   preserve
records  of  verification  of  subscriber authorization for a
minimum period of 2 years after obtaining such verification.
         (3)  An  executing  carrier  shall  not  verify  the
    submission of a change in a subscriber's selection  of  a
    provider  of  telecommunications  service received from a
    submitting carrier. For an executing carrier,  compliance
    with  the  procedures  described in this Section shall be
    defined as prompt  execution,  without  any  unreasonable
    delay, of changes that have been verified by a submitting
    carrier.
         (4)  Commercial   mobile   radio   services   (CMRS)
    providers   shall   be  excluded  from  the  verification
    requirements of this Section as  long  as  they  are  not
    required  to  provide equal access to common carriers for
    the provision of telephone toll services,  in  accordance
    with 47 U.S.C. 332(c)(8).
         (5)  Where  a  telecommunications carrier is selling
    more than one type of telecommunications  service  (e.g.,
    local      exchange,      intraLATA/intrastate      toll,
    interLATA/interstate  toll, and international toll), that
    carrier  must  obtain  separate  authorization  from  the
    subscriber  for   each   service   sold,   although   the
    authorizations  may be made within the same solicitation.
    Each authorization must be verified separately  from  any
    other  authorizations  obtained in the same solicitation.
    Each authorization must be verified  in  accordance  with
    the verification procedures prescribed in this Section.
         (6)  No  telecommunications  carrier  shall submit a
    preferred carrier change order unless and until the order
    has  been  confirmed  in  accordance  with  one  of   the
    following procedures:
              (A)  The    telecommunications    carrier   has
         obtained the subscriber's written or  electronically
         signed  authorization  in  a  form  that  meets  the
         requirements of subsection (d).
              (B)  The    telecommunications    carrier   has
         obtained the subscriber's  electronic  authorization
         to  submit  the preferred carrier change order. Such
         authorization must  be  placed  from  the  telephone
         number  or numbers on which the preferred carrier is
         to be changed and must confirm  the  information  in
         subsections   (b)   and   (c)   of   this   Section.
         Telecommunications   carriers  electing  to  confirm
         sales electronically shall  establish  one  or  more
         toll-free  telephone  numbers  exclusively  for that
         purpose.  Calls to the toll-free  telephone  numbers
         must  connect a subscriber to a voice response unit,
         or similar  mechanism,  that  records  the  required
         information  regarding the preferred carrier change,
         including automatically  recording  the  originating
         automatic number identification.
              (C)  An   appropriately  qualified  independent
         third party has obtained,  in  accordance  with  the
         procedures  set forth in paragraphs (7) through (10)
         of   this   subsection,   the   subscriber's    oral
         authorization to submit the preferred carrier change
         order   that   confirms   and  includes  appropriate
         verification data.  The independent third party must
         not be owned, managed, controlled,  or  directed  by
         the  carrier  or the carrier's marketing agent; must
         not  have  any  financial   incentive   to   confirm
         preferred  carrier  change orders for the carrier or
         the carrier's marketing agent; and must operate in a
         location physically separate from the carrier or the
         carrier's marketing agent.
         (7)  Methods of third party verification.  Automated
    third party verification systems and three-way conference
    calls  may  be  used for verification purposes so long as
    the requirements of paragraphs (8) through (10)  of  this
    subsection are satisfied.
         (8)  Carrier initiation of third party verification.
    A  carrier or a carrier's sales representative initiating
    a  three-way  conference  call  or  a  call  through   an
    automated verification system must drop off the call once
    the three-way connection has been established.
         (9)  Requirements  for  content  and format of third
    party verification. All third party verification  methods
    shall   elicit,   at  a  minimum,  the  identity  of  the
    subscriber; confirmation that the person on the  call  is
    authorized  to make the carrier change; confirmation that
    the person on the call wants to make the carrier  change;
    the  names  of  the  carriers affected by the change; the
    telephone numbers  to  be  switched;  and  the  types  of
    service  involved.  Third  party verifiers may not market
    the   carrier's   services   by   providing    additional
    information,  including  information  regarding preferred
    carrier freeze procedures.
         (10)  Other    requirements    for    third    party
    verification. All  third  party  verifications  shall  be
    conducted  in  the  same  language  that  was used in the
    underlying sales transaction and  shall  be  recorded  in
    their  entirety.  In  accordance  with the procedures set
    forth in paragraph (2)(B) of this subsection,  submitting
    carriers  shall  maintain  and  preserve audio records of
    verification of subscriber authorization  for  a  minimum
    period  of  2  years  after  obtaining such verification.
    Automated systems must provide consumers with  an  option
    to speak with a live person at any time during the call.
         (11)  Telecommunications   carriers   must   provide
    subscribers  the option of using one of the authorization
    and verification procedures specified in paragraph (6) of
    this subsection in addition to an  electronically  signed
    authorization  and verification procedure under paragraph
    (6)(A) of this subsection.
    (d)  Letter of agency form and content.
         (1)  A telecommunications carrier may use a  written
    or  electronically  signed  letter  of  agency  to obtain
    authorization or verification, or both, of a subscriber's
    request to change his or her preferred carrier selection.
    A letter of  agency  that  does  not  conform  with  this
    Section is invalid for purposes of this Section.
         (2)  The  letter  of  agency  shall  be  a  separate
    document  (or an easily separable document) or located on
    a  separate  screen  or  webpage  containing   only   the
    authorizing  language  described in paragraph (5) of this
    subsection having  the  sole  purpose  of  authorizing  a
    telecommunications   carrier   to  initiate  a  preferred
    carrier change. The letter of agency must be  signed  and
    dated  by  the  subscriber to the telephone line or lines
    requesting the preferred carrier change.
         (3)  The letter of agency shall not be  combined  on
    the same document, screen, or webpage with inducements of
    any kind.
         (4)  Notwithstanding  paragraphs (2) and (3) of this
    subsection, the letter of agency  may  be  combined  with
    checks  that  contain  only the required letter of agency
    language  as  prescribed  in  paragraph   (5)   of   this
    subsection  and  the  necessary  information  to make the
    check a negotiable instrument. The letter of agency check
    shall not contain any promotional language  or  material.
    The  letter  of  agency  check  shall  contain  in easily
    readable, bold-face type on the front  of  the  check,  a
    notice  that  the  subscriber  is authorizing a preferred
    carrier change by signing the check. The letter of agency
    language shall be placed near the signature line  on  the
    back of the check.
         (5)  At  a  minimum,  the  letter  of agency must be
    printed with a type of sufficient size and readability to
    be clearly legible and must contain clear and unambiguous
    language that confirms:
              (A)  The subscriber's billing name and  address
         and  each  telephone  number  to  be  covered by the
         preferred carrier change order;
              (B)  The  decision  to  change  the   preferred
         carrier  from the current telecommunications carrier
         to the soliciting telecommunications carrier;
              (C)  That the subscriber designates (insert the
         name of  the  submitting  carrier)  to  act  as  the
         subscriber's agent for the preferred carrier change;
              (D)  That  the subscriber understands that only
         one telecommunications carrier may be designated  as
         the  subscriber's  interstate or interLATA preferred
         interexchange carrier for any one telephone  number.
         To   the  extent  that  a  jurisdiction  allows  the
         selection of additional  preferred  carriers  (e.g.,
         local     exchange,    intraLATA/intrastate    toll,
         interLATA/interstate    toll,    or    international
         interexchange) the letter  of  agency  must  contain
         separate   statements   regarding   those   choices,
         although a separate letter of agency for each choice
         is not necessary; and
              (E)  That  the  subscriber may consult with the
         carrier as to whether a fee will apply to the change
         in the subscriber's preferred carrier.
         (6)  Any carrier designated in a letter of agency as
    a preferred carrier must be the carrier directly  setting
    the rates for the subscriber.
         (7)  Letters  of agency shall not suggest or require
    that a subscriber take some action in order to retain the
    subscriber's current telecommunications carrier.
         (8)  If  any  portion  of  a  letter  of  agency  is
    translated into another language then all portions of the
    letter of agency must be translated into  that  language.
    Every  letter  of agency must be translated into the same
    language as any promotional materials, oral descriptions,
    or instructions provided with the letter of agency.
         (9)  Letters   of   agency   submitted    with    an
    electronically  signed  authorization  must  include  the
    consumer  disclosures  required  by Section 101(c) of the
    Electronic Signatures in  Global  and  National  Commerce
    Act.
         (10)  A  telecommunications  carrier  shall submit a
    preferred carrier change order on behalf of a  subscriber
    within  no more than 60 days after obtaining a written or
    electronically signed letter of agency.
         (11)  If a telecommunications carrier uses a  letter
    of  agency,  the  carrier  shall  send  a  letter  to the
    subscriber using first class mail,  postage  prepaid,  no
    later  than  10 days after the telecommunications carrier
    submitting    the    change    in    the     subscriber's
    telecommunications  carrier  is on notice that the change
    has occurred.  The letter must inform the  subscriber  of
    the  details of the telecommunications carrier change and
    provide the subscriber with a toll free  number  to  call
    should the subscriber wish to cancel the change.
    (e)  A  switch  in a subscriber's selection of a provider
of telecommunications service that complies  with  the  rules
promulgated  by the Federal Communications Commission and any
amendments thereto shall be deemed to be in  compliance  with
the provisions of this Section.
    (f)  The  Commission shall promulgate any rules necessary
to administer this Section. The rules promulgated under  this
Section  shall comport with the rules, if any, promulgated by
the Attorney General  pursuant  to  the  Consumer  Fraud  and
Deceptive   Business   Practices   Act  and  with  any  rules
promulgated by the Federal Communications Commission.
    (g)  Complaints may be filed with  the  Commission  under
this Section by a subscriber whose telecommunications service
has  been  provided  by  an  unauthorized  telecommunications
carrier as a result of an unreasonable delay, by a subscriber
whose  telecommunications carrier has been changed to another
telecommunications carrier in a manner not in compliance with
this    Section,     by     a     subscriber's     authorized
telecommunications   carrier  that  has  been  removed  as  a
subscriber's telecommunications carrier in a  manner  not  in
compliance  with  this  Section, by a subscriber's authorized
submitting   carrier   whose   change   order   was   delayed
unreasonably, or by the Commission on its own  motion.   Upon
filing  of  the  complaint, the parties may mutually agree to
submit  the  complaint  to   the   Commission's   established
mediation  process.    Remedies  in the mediation process may
include, but shall not be limited to, the remedies set  forth
in  this  subsection.   In its discretion, the Commission may
deny the availability of the mediation process and submit the
complaint to hearings.  If the complaint is not submitted  to
mediation  or if no agreement is reached during the mediation
process, hearings shall be held on the complaint.  If,  after
notice   and   hearing,   the   Commission   finds   that   a
telecommunications  carrier  has  violated  this Section or a
rule promulgated under this Section, the  Commission  may  in
its discretion do any one or more of the following:
         (1)  Require    the   violating   telecommunications
    carrier to refund to the subscriber all fees and  charges
    collected from the subscriber for services up to the time
    the  subscriber  receives written notice of the fact that
    the violating  carrier  is  providing  telecommunications
    service  to  the  subscriber,  including  notice  on  the
    subscriber's   bill.   For  unreasonable  delays  wherein
    telecommunications service is provided by an unauthorized
    carrier, the Commission may require the violating carrier
    to  refund  to  the  subscriber  all  fees  and   charges
    collected  from  the  subscriber  during the unreasonable
    delay.  The Commission  may  order  the  remedial  action
    outlined  in  this subsection only to the extent that the
    same remedial action is  allowed  pursuant  to  rules  or
    regulations  promulgated  by  the  Federal Communications
    Commission.
         (2)  Require   the   violating    telecommunications
    carrier  to refund to the subscriber charges collected in
    excess of those that  would  have  been  charged  by  the
    subscriber's authorized telecommunications carrier.
         (3)  Require    the   violating   telecommunications
    carrier   to   pay   to   the   subscriber's   authorized
    telecommunications  carrier  the  amount  the  authorized
    telecommunications carrier would have collected  for  the
    telecommunications service.  The Commission is authorized
    to  reduce this payment by any amount already paid by the
    violating telecommunications carrier to the  subscriber's
    authorized    telecommunications    carrier   for   those
    telecommunications services.
         (4)  Require   the   violating    telecommunications
    carrier  to  pay  a  fine of up to $1,000 into the Public
    Utility Fund for each repeated and intentional  violation
    of this Section.
         (5)  Issue a cease and desist order.
         (6)  For  a  pattern of violation of this Section or
    for intentionally violating a  cease  and  desist  order,
    revoke   the   violating   telecommunications   carrier's
    certificate  of service authority. Rules for verification
    of a subscriber's change in telecommunications carrier or
    addition to a subscriber's service.
    (a)  As  used  in  this  Section,  "subscriber"  means  a
telecommunications carrier's retail business customer  served
by  not  more than 20 lines or a retail residential customer,
and "telecommunications carrier" has  the  meaning  given  in
Section  13-202  of  the  Public  Utilities  Act, except that
"telecommunications carrier" does not include a  provider  of
commercial  mobile  radio  services  (as defined by 47 U.S.C.
332(d)(1)).
    (b)  A subscriber's presubscription of a primary exchange
or interexchange   telecommunications carrier    may  not  be
switched  to  another  telecommunications carrier without the
subscriber's authorization.
    (c)  A telecommunications carrier shall not effectuate  a
change  to  a  subscriber's  telecommunications  services  by
providing   an  additional  telecommunications  service  that
results in an additional monthly  charge  to  the  subscriber
(herein  referred  to  as  an  "additional telecommunications
service")  without  following  the  subscriber   notification
procedures   set  forth  in  this  Section.   An  "additional
telecommunications service" does not include making available
any additional telecommunications services on a  subscriber's
line  when the subscriber activates and pays for the services
on a per use basis.
    (d)  It is the responsibility of the company  or  carrier
requesting  a  change  in  a  subscriber's telecommunications
carrier to obtain  the  subscriber's  authorization  for  the
change whenever the company or carrier acts as a subscriber's
agent with respect to the change.
    (e)  A company or telecommunications carrier submitting a
change  in  a  subscriber's primary exchange or interexchange
telecommunications carrier  as described  in  subsection  (d)
shall  be  solely responsible for providing written notice of
the change to the subscriber in accordance with this Section,
or for obtaining verification of the subscriber's  assent  to
the  change  in  accordance with this Section. In addition, a
telecommunications  carrier  that  provides  any   additional
telecommunications  service  to  a subscriber shall be solely
responsible for providing written notice  of  the  additional
telecommunications  service  to  the subscriber in accordance
with this Section,  or  for  obtaining  verification  of  the
subscriber's  assent  to  the  additional  telecommunications
service in accordance with this Section.
         (1)  If  the  company  or telecommunications carrier
    elects to provide written notice in accordance with  this
    Section, the notice shall be provided as follows:
              (A)  A  letter to the subscriber must be mailed
         using first class mail, postage  prepaid,  no  later
         than  10  days  after the telecommunications carrier
         submitting the change in  the  subscriber's  primary
         exchange or interexchange telecommunications carrier
         is  on  notice  that  the  change has occurred or no
         later than 10 days after initiation of an additional
         telecommunications service has occurred.
              (B)  The letter must  be  a  separate  document
         sent  for the sole purpose of describing the changes
         or additions authorized by the subscriber.
              (C)  The letter must be printed with  10  point
         or  larger type and contain clear and plain language
         that  confirms  the  details  of  a  change  in  the
         presubscribed telecommunications carrier or  of  the
         addition   of  the  telecommunications  service  and
         provides the subscriber with a toll free  number  to
         call should the subscriber wish to cancel the change
         or make additional changes.
         (2)  If  the  company  or telecommunications carrier
    elects to obtain verification  in  accordance  with  this
    Section, verification shall be obtained as follows:
              (A)  Verification   shall  be  obtained  by  an
         independent third-party that:
                   (i)  operates from a  facility  physically
              separate  from  that  of the telecommunications
              carrier  or  company  seeking  the  change   or
              addition of service;
                   (ii)  is   not   directly   or  indirectly
              managed, controlled, directed, or owned  wholly
              or in part by the telecommunications carrier or
              company  seeking  the  change  or  addition  of
              telecommunications services;
                   (iii)  does   not  derive  commissions  or
              compensation based upon the  number  of  sales,
              changes, or additions confirmed; and
                   (iv)  shall    retain   records   of   the
              confirmation of sales or changes for 24 months.
              (B)  The third-party verification  agent  shall
         state  to  the  subscriber,  and  shall  obtain  the
         subscriber's   acknowledgement   to,  the  following
         disclosures:
                   (i)  the consumer's name, address, and the
              telephone numbers of all telephone  lines  that
              will   be   changed   or  to  which  additional
              telecommunications services will be added;
                   (ii)  the names of the  telecommunications
              carrier   or  company  that  is  replacing  the
              previous    presubscribed    telecommunications
              carrier or adding a telecommunications  service
              to   the   subscriber's  account    and,  where
              applicable, the  name  of  the  carriers  being
              replaced;
                   (iii)  in   cases  where  verification  is
              sought  for  the   subscriber's   presubscribed
              telecommunications carrier, that  for each line
              the   subscriber   can   designate   only   one
              presubscribed   telecommunications  carrier  to
              handle each of  the  subscriber's  local,  long
              distance,  or local toll service depending upon
              which presubscribed telecommunications  service
              or services are being verified; and
                   (iv)  the  fact  that a fee may be imposed
              on the subscriber for  the  change  of  primary
              exchange  or  interexchange  telecommunications
              carriers or that a monthly recurring fee may be
              charged  for the additional service, if that is
              the case.
              (C)  The third-party verification  agent  shall
         obtain  verification  no later than 3 days after the
         carrier submitting  a  change  in  the  subscriber's
         primary exchange or interexchange telecommunications
         carrier is on notice that the change has occurred or
         no   later  than  3  days  after  initiation  of  an
         additional telecommunications service has occurred.
              (D)  The telecommunications company or  carrier
         seeking  to  implement  the  change  in  service  or
         additional service may connect the subscriber to the
         verification   agent,   provided  that  all  of  the
         requirements for verification by a  third  party  as
         set  forth  in  this  Section are otherwise complied
         with fully.
         (3)  The   verification   or   notice   requirements
    described in this subsection shall apply to  all  changes
    to  a  subscriber's presubscription of a primary exchange
    or interexchange telecommunications carrier,  whether the
    change was initiated through an inbound call initiated by
    the  customer  or  outbound    telemarketing.   Where   a
    subscriber's  telecommunications  services are changed by
    the  provision  of   an   additional   telecommunications
    service,   the   verification   or   notice  requirements
    described in this subsection shall apply  if  the  change
    was  initiated  through  outbound  telemarketing. Where a
    subscriber's telecommunications services are  changed  by
    the provision of an additional telecommunications service
    and    the   change   was   initiated   through   inbound
    telemarketing,  the  telecommunications   carrier   shall
    comply  with  all rules or regulations promulgated by the
    Federal Communications Commission.
         (4)  Verifications conducted or obtained in a manner
    not in compliance with this Section or notice given in  a
    manner  not in compliance with this Section shall be void
    and without effect.
    (f)  The Commission shall promulgate any rules  necessary
to   ensure   that  the  primary  exchange  or  interexchange
telecommunications carrier  of a subscriber is not changed to
another telecommunications  carrier  or  that  an  additional
telecommunications   service   is   not   added  without  the
subscriber's authorization.  The rules promulgated under this
Section shall comport with the rules, if any, promulgated  by
the  Attorney  General  pursuant  to  the  Consumer Fraud and
Deceptive  Business  Practices  Act  and   with   any   rules
promulgated by the Federal Communications Commission.
    (g)  Complaints  may  be  filed with the Commission under
this Section  by  a  subscriber  whose  primary  exchange  or
interexchange   carrier   has   been   changed   to   another
telecommunications  carrier  without authorization or who has
been provided an additional  telecommunications  service  not
ordered  by  the  subscriber, by a telecommunications carrier
that has been removed as a subscriber's primary  exchange  or
interexchange      telecommunications     carrier     without
authorization, or by the Commission on its own motion.   Upon
filing of the complaint, the parties may  mutually  agree  to
submit   the   complaint   to  the  Commission's  established
mediation process.  Remedies  in the  mediation  process  may
include,  but shall not be limited to, the remedies set forth
in paragraphs (1) through (5) of  this  subsection.   In  its
discretion,  the  Commission may deny the availability of the
mediation process and submit the complaint to  hearings.   If
the  complaint  is  not  submitted  to  mediation  or  if  no
agreement  is  reached during the mediation process, hearings
shall be held on the complaint pursuant to Article 10 of this
Act.  If after notice and hearing, the Commission finds  that
a  telecommunications  carrier has violated this Section or a
rule promulgated under this Section, the  Commission  may  in
its discretion order any one or more of the following:
         (1)  In   case   of  an  unauthorized  change  in  a
    subscriber's   primary    exchange    or    interexchange
    telecommunications   carrier,   require   the   violating
    telecommunications  carrier  to  refund to the subscriber
    all fees and charges collected from  the  subscriber  for
    services  up  to the time the subscriber receives written
    notice  of  the  fact  that  the  violating  carrier   is
    providing  telecommunications  service to the subscriber.
    For a carrier that elects to provide written notice of  a
    change    in   a   subscriber's   primary   exchange   or
    interexchange carrier, notice consistent  with  paragraph
    (1)  of  subsection (e) shall be deemed to  be receipt of
    notice by the subscriber for purposes of this  paragraph.
    For  a  carrier  that  elects to obtain verification of a
    change   in   a   subscriber's   primary   exchange    or
    interexchange  carrier  consistent  with paragraph (2) of
    subsection  (e)  of  this  Section,  either   the   first
    correspondence   from   the  carrier  that  notifies  the
    customer of the change or the subscriber's first bill for
    services, whichever is mailed first, shall be  deemed  to
    be  receipt  of  notice by the subscriber for purposes of
    this paragraph.  The Commission may  order  the  remedial
    action  outlined  in  this  subsection only to the extent
    that the same remedial  action  is  allowed  pursuant  to
    rules   or   regulations   promulgated   by  the  Federal
    Communications Commission.
         (2)  In  case  of  an  unauthorized  change  in  the
    primary  exchange  or  interexchange   telecommunications
    carrier, require the violating telecommunications carrier
    to  refund  to the subscriber charges collected in excess
    of those that would have been charged by the subscriber's
    chosen telecommunications carrier.
         (3)  In  case  of  an  unauthorized  change  in  the
    primary  exchange  or  interexchange   telecommunications
    carrier, require the violating telecommunications carrier
    to  pay  to  the  subscriber's  chosen telecommunications
    carrier the amount the chosen telecommunications  carrier
    would  have collected for the telecommunications service.
    The Commission is authorized to reduce  this  payment  by
    any    amount    already    paid    by    the   violating
    telecommunications carrier  to  the  subscriber's  chosen
    telecommunications  carrier  for those telecommunications
    services.
         (4)  Require   the   violating    telecommunications
    carrier  to  pay  a  fine of up to $1,000 into the Public
    Utility Fund for each repeated and intentional  violation
    of this Section.
         (5)  In  the  case  of  an  unauthorized  additional
    telecommunications service, require the violating carrier
    to    refund or cancel all charges for telecommunications
    services or products   provided  without  a  subscriber's
    authorization.
         (6)  Issue a cease and desist order.
         (7)  For  a pattern of violation of this  Section or
    for intentionally violating a  cease  and  desist  order,
    revoke   the   violating   telecommunications   carrier's
    certificate of service authority.
(Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.)

    (220 ILCS 5/13-903 new)
    Sec.     13-903.     Authorization,    verification    or
notification, and dispute resolution for covered product  and
service charges on the telephone bill.
    (a)  Definitions.  As used in this Section:
         (1)  "Subscriber"    means    a   telecommunications
    carrier's retail business customer  served  by  not  more
    than 20 lines or a retail residential customer.
         (2)  "Telecommunications  carrier"  has  the meaning
    given in Section 13-202 of the Public Utilities  Act  and
    includes  agents  and  employees  of a telecommunications
    carrier, except that  "telecommunications  carrier"  does
    not   include  a  provider  of  commercial  mobile  radio
    services (as defined by 47 U.S.C. 332(d)(1)).
    (b)  Applicability of Section.   This  Section  does  not
apply to:
         (1)  changes   in   a  subscriber's  local  exchange
    telecommunications     service      or      interexchange
    telecommunications service;
         (2)  message  telecommunications  charges  that  are
    initiated  by  dialing  1+,  0+,  0-, 1010XXX, or collect
    calls and charges  for  video  services  if  the  service
    provider   has   the  necessary  call  detail  record  to
    establish the billing for the call or service; and
         (3)  telecommunications  services  available  on   a
    subscriber's  line when the subscriber activates and pays
    for the services on a per use basis.
    (c)  Requirements  for  billing  authorized  charges.   A
telecommunications carrier shall meet all  of  the  following
requirements  before  submitting  charges  for any product or
service to be billed on any subscriber's telephone bill:
         (1)  Inform the subscriber.  The  telecommunications
    carrier  offering  the product or service must thoroughly
    inform the subscriber of the  product  or  service  being
    offered, including all associated charges, and explicitly
    inform the subscriber that the associated charges for the
    product  or  service  will  appear  on  the  subscriber's
    telephone bill.
         (2)  Obtain     subscriber    authorization.     The
    subscriber must have clearly and explicitly consented  to
    obtaining  the  product  or service offered and to having
    the  associated  charges  appear  on   the   subscriber's
    telephone  bill.   The  consent  must  be verified by the
    service provider in accordance  with  subsection  (d)  of
    this Section.  A record of the consent must be maintained
    by the telecommunications carrier offering the product or
    service  for  at  least  24  months immediately after the
    consent and verification were obtained.
    (d)  Verification    or    notification.     Except    in
subscriber-initiated   transactions   with   a   certificated
telecommunications carrier for which  the  telecommunications
carrier    has    the    appropriate    documentation,    the
telecommunications  carrier, after obtaining the subscriber's
authorization in the required manner, shall either verify the
authorization or notify the subscriber as follows:
         (1)  Independent third-party verification:
              (A)  Verification  shall  be  obtained  by   an
         independent third party that:
                   (i)  operates  from  a facility physically
              separate from that  of  the  telecommunications
              carrier;
                   (ii)  is   not   directly   or  indirectly
              managed, controlled, directed, or owned  wholly
              or in part by the telecommunications carrier or
              the carrier's marketing agent; and
                   (iii)  does   not  derive  commissions  or
              compensation based upon  the  number  of  sales
              confirmed.
              (B)  The  third-party  verification agent shall
         state,   and   shall   obtain    the    subscriber's
         acknowledgment of, the following disclosures:
                   (i)  the  subscriber's  name, address, and
              the  telephone numbers of all  telephone  lines
              that will be charged for the product or service
              of the telecommunications carrier;
                   (ii)  that  the  person  speaking  to  the
              third  party  verification agent is in fact the
              subscriber;
                   (iii)  that  the  subscriber   wishes   to
              purchase   the   product   or  service  of  the
              telecommunications carrier and is  agreeing  to
              do so;
                   (iv)  that the subscriber understands that
              the  charges  for the product or service of the
              telecommunications carrier will appear  on  the
              subscriber's telephone bill; and
                   (v)  the   name   and   customer   service
              telephone   number  of  the  telecommunications
              carrier.
              (C)  The   telecommunications   carrier   shall
         retain, electronically or otherwise,  proof  of  the
         verification of sales for a minimum of 24 months.
         (2)  Notification.   Written  notification  shall be
    provided as follows:
              (A)  the telecommunications carrier shall  mail
         a  letter  to the subscriber using first class mail,
         postage  prepaid,  no  later  than  10  days   after
         initiation of the product or service;
              (B)  the  letter  shall  be a separate document
         sent for the sole purpose of describing the  product
         or service of the telecommunications carrier;
              (C)  the  letter shall be printed with 10-point
         or  larger  type  and  clearly   and   conspicuously
         disclose  the  material  terms and conditions of the
         offer  of   the   telecommunications   carrier,   as
         described in paragraph (1) of subsection (c);
              (D)  the   letter  shall  contain  a  toll-free
         telephone number the subscriber can call  to  cancel
         the product or service;
              (E)  the   telecommunications   carrier   shall
         retain,   electronically   or  otherwise,  proof  of
         written notification for a minimum of 24 months; and
              (F)  written notification can be  provided  via
         electronic   mail   if   consumers   are  given  the
         disclosures  required  by  Section  101(c)  of   the
         Electronic   Signatures   in   Global  and  National
         Commerce Act.
    (e)  Unauthorized charges.
         (1)  Responsibilities      of      the       billing
    telecommunications  carrier for unauthorized charges.  If
    a subscriber's telephone bill is charged for any  product
    or  service  without  proper subscriber authorization and
    verification  or   notification   of   authorization   in
    compliance  with  this  Section,  the  telecommunications
    carrier  that  billed the subscriber, on its knowledge or
    notification of any unauthorized charge, shall  promptly,
    but  not  later  than  45  days  after  the  date  of the
    knowledge or notification of an unauthorized charge:
              (A)  notify the product or service provider  to
         immediately  cease  charging  the subscriber for the
         unauthorized product or service;
              (B)  remove the unauthorized  charge  from  the
         subscriber's bill; and
              (C)  refund  or  credit  to  the subscriber all
         money  that  the  subscriber  has   paid   for   any
         unauthorized charge.
    (f)  The  Commission shall promulgate any rules necessary
to ensure that subscribers are not billed  on  the  telephone
bill  for  products or services in a manner not in compliance
with this Section.  The rules promulgated under this  Section
shall  comport  with  the  rules,  if any, promulgated by the
Attorney General pursuant to the Consumer Fraud and Deceptive
Business Practices Act and with any rules promulgated by  the
Federal    Communications   Commission   or   Federal   Trade
Commission.
    (g)  Complaints may be filed with  the  Commission  under
this  Section  by  a  subscriber  who  has been billed on the
telephone bill for products or  services  not  in  compliance
with  this  Section  or  by the Commission on its own motion.
Upon filing of the complaint, the parties may mutually  agree
to  submit  the  complaint  to  the  Commission's established
mediation process.  Remedies in  the  mediation  process  may
include,  but shall not be limited to, the remedies set forth
in paragraphs (1) through (4) of  this  subsection.   In  its
discretion,  the  Commission may deny the availability of the
mediation process and submit the complaint to  hearings.   If
the  complaint  is  not  submitted  to  mediation  or  if  no
agreement  is  reached during the mediation process, hearings
shall be held on the complaint pursuant to Article 10 of this
Act.  If after notice and hearing, the Commission finds  that
a  telecommunications  carrier has violated this Section or a
rule promulgated under this Section, the  Commission  may  in
its discretion order any one or more of the following:
         (1)  Require    the   violating   telecommunications
    carrier to pay a fine of up to  $1,000  into  the  Public
    Utility  Fund for each repeated and intentional violation
    of this Section.
         (2)  Require the  violating  carrier  to  refund  or
    cancel all charges for products or services not billed in
    compliance with this Section.
         (3)  Issue a cease and desist order.
         (4)  For  a  pattern of violation of this Section or
    for intentionally violating a  cease  and  desist  order,
    revoke   the   violating   telecommunications   carrier's
    certificate of service authority.

    (220 ILCS 5/13-1200 new)
    Sec.  13-1200.   Repealer.  This Article is repealed July
1, 2005.

    (220 ILCS 5/13-803 rep.)
    Section 25.  The  Public  Utilities  Act  is  amended  by
repealing Section 13-803.

    Section  30.  The  Consumer  Fraud and Deceptive Business
Practices Act   is    amended  by  changing  Section  2DD  as
follows:

    (815 ILCS 505/2DD)
    Sec.  2DD.  Telecommunication service provider selection.
A telecommunication carrier shall not  submit  or  execute  a
change  in  a  subscriber's  selection of a provider of local
exchange   telecommunications   service   or    interexchange
telecommunications  service  or offer or provide a product or
service to be billed on the telephone  bill  as  provided  in
Sections  13-902 and 13-903 any additional telecommunications
service as defined in Section 13-902 of the Public  Utilities
Act except in accordance with (i) the verification procedures
adopted  by  the  Federal Communications Commission under the
Communications Act of 1996, including subpart K of 47 CFR 64,
as those procedures are from time to time amended,  and  (ii)
Sections  13-902  and  13-903  Section  13-902  of the Public
Utilities Act and any rules adopted by the Illinois  Commerce
Commission under the authority of that Section as those rules
are  from time to time amended.  A telecommunications carrier
that violates  this  Section  commits  an  unlawful  practice
within the meaning of this Act.
(Source: P.A. 89-497, eff. 6-27-96; 90-610, eff. 7-1-98.)

    Section  99.  Effective date.  This Act takes effect June
30, 2001.
    Passed in the General Assembly May 31, 2001.
    Approved June 28, 2001.

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