Bill Amendment: IL SB1381 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TELECOMS-IP-BASED SERVICES

Status: 2017-12-15 - Public Act . . . . . . . . . 100-0568 [SB1381 Detail]

Download: Illinois-2017-SB1381-Senate_Amendment_001.html

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Sen. Bill Cunningham

Filed: 5/22/2017

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AMENDMENT TO SENATE BILL 1381
AMENDMENT NO. ______. Amend Senate Bill 1381 as follows:
on page 1, line 8, after "13-103,", by inserting "13-301.1,";
and
on page 6, immediately below line 18, by inserting the
following:
"(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
(Section scheduled to be repealed on July 1, 2017)
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 assistance or program to

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increase accessibility to telephone service and broadband
Internet access service that the Commission deems advisable
subject to the availability of funds for the program as
provided in subsections subsection (d) and (e). 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 Healthcare and Family Services, and
the Department of Commerce and Economic Opportunity, 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 Healthcare and
Family Services, and the Department of Commerce and Economic
Opportunity 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 "lifeline service" means a retail local
service offering described by 47 CFR C.F.R. Section
54.401(a), as amended.
(d) The Commission shall require by rule or regulation that

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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.
(e) Amounts collected and remitted under subsection (d)
may, to the extent the Commission deems advisable, be used for
funding a program to be administered by the entity designated
by the Commission as administrator of the Universal Telephone
Service Assistance Program for educating and assisting
low-income residential customers with a transition to Internet
protocol-based networks and services. This program may

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include, but need not be limited to, measures designed to
notify and educate residential customers regarding the
availability of alternative voice services with access to
9-1-1, access to and use of broadband Internet access service,
and pricing options.
(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)";
and
by replacing line 25 on page 7 through line 18 on page 16 with
the following:
"(220 ILCS 5/13-406.1 new)
Sec. 13-406.1. Large Electing Provider transition to
IP-based networks and service.
(a) As used in this Section:
"Alternative voice service" means service that includes
all of the applicable functionalities for voice telephony
services described in 47 CFR 54.101(a).
"Existing customer" means a residential customer of the
Large Electing Provider who is subscribing to a
telecommunications service on the date the Large Electing
Provider sends its notice under paragraph (1) of subsection (c)
of this Section of its intent to cease offering and providing
service. For purposes of this Section, a residential customer
of the Large Electing Provider whose service has been
temporarily suspended, but not finally terminated as of the

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date that the Large Electing Provider sends such notice, shall
be deemed to be an "existing customer".
"Large Electing Provider" means an Electing Provider, as
defined in Section 13-506.2 of this Act, that reported in its
annual competition report for the year 2016 filed with the
Commission under Section 13-407 of this Act and 83 Ill. Adm.
Code 793 that it provided at least 700,000 access lines to end
users.
"New customer" means a residential customer who is not
subscribing to a telecommunications service provided by the
Large Electing Provider on the date the Large Electing Provider
sends its notice under paragraph (1) of subsection (c) of this
Section of its intent to cease offering and providing such
service.
"Provider" includes every corporation, company,
association, firm, partnership, and individual and their
lessees, trustees, or receivers appointed by any court that
sell or offer to sell an alternative voice service.
"Reliable access to 9-1-1" means access to 9-1-1 that
complies with the applicable rules, regulations, and
guidelines established by the Federal Communications
Commission and the applicable provisions of the Emergency
Telephone System Act and implementing rules.
"Willing provider" means a provider that voluntarily
participates in the request for service process.
(b) Beginning June 30, 2017, a Large Electing Provider may,

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to the extent permitted by and consistent with federal law,
including, as applicable, approval by the Federal
Communications Commission of the discontinuance of the
interstate-access component of a telecommunications service,
cease to offer and provide a telecommunications service to an
identifiable class or group of customers, other than voice
telecommunications service to residential customers, upon 60
days' notice to the Commission and affected customers.
(c) Beginning June 30, 2017, a Large Electing Provider may,
to the extent permitted by and consistent with federal law,
cease to offer and provide voice telecommunications service to
an identifiable class or group of residential customers, which,
for the purposes of this subsection (c), shall be referred to
as "requested service", subject to compliance with the
following requirements:
(1) No less than 255 days prior to providing notice to
the Federal Communications Commission of its intent to
discontinue the interstate-access component of the
requested service, the Large Electing Provider shall:
(A) file a notice of the proposed cessation of the
requested service with the Commission; and
(B) provide notice of the proposed cessation of the
requested service to each of the Large Electing
Provider's existing customers within the affected
geographic area by first-class mail separate from
customer bills. If the customer has elected to receive

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electronic billing, the notice shall be sent
electronically and by first-class mail separate from
customer bills. The notice provided under this
subparagraph (B) must describe the requested service,
identify the earliest date on which the Large Electing
Provider intends to cease offering or providing the
telecommunications service, provide a telephone number
by which the existing customer may contact a service
representative of the Large Electing Provider, and
provide a telephone number by which the existing
customer may contact the Commission's Consumer
Services Division. The notice shall also include the
following statement:
"If you do not believe that an alternative
voice service including reliable access to 9-1-1
is available to you, from either [name of Large
Electing Provider] or another provider of wired or
wireless voice service where you live, you have the
right to request the Illinois Commerce Commission
to investigate the availability of alternative
voice service including reliable access to 9-1-1.
To do so, you must submit such a request in either
writing or by signing and returning a copy of this
notice, no later than (insert date), 60 days after
the date of the notice to the following address:
Chief Clerk of the Illinois Commerce Commission

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527 East Capitol Avenue
Springfield, Illinois 62706
You must include in your request a reference to
the notice you received from [Large Electing
Provider's name] and the date of notice.".
Thirty days following the date of notice, the Large
Electing Provider shall provide each customer to which
the notice was sent a follow-up notice containing the
same information and reminding customers of the
deadline for requesting the Commission to investigate
alternative voice service with access to 9-1-1.
(2) After June 30, 2017, and only in a geographic area
for which a Large Electing Provider has provided notice of
proposed cessation of the requested service to existing
customers under paragraph (1) of this subsection (c), an
existing customer of that provider may, within 60 days
after issuance of such notice, request the Commission to
investigate the availability of alternative voice service
including reliable access to 9-1-1 to that customer. For
the purposes of this paragraph (2), existing customers who
make such a request are referred to as "requesting existing
customers". The Large Electing Provider may cease to offer
or provide the requested service to existing customers who
do not make a request for investigation beginning 30 days
after issuance of the notice required by paragraph (5) of
this subsection (c).

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(A) In response to all requests and investigations
under this paragraph (2), the Commission shall conduct
a single investigation to be commenced 75 days after
the receipt of notice under paragraph (1) of this
subsection (c), and completed within 135 days after
commencement. The Commission shall, within 135 days
after commencement of the investigation, make one of
the findings described in subdivisions (i) and (ii) of
this subparagraph (A) for each requesting existing
customer.
(i) If, as a result of the investigation, the
Commission finds that service from at least one
provider offering alternative voice service
including reliable access to 9-1-1 through any
technology or medium is available to one or more
requesting existing customers, the Commission
shall declare by order that, with respect to each
requesting existing customer for which such a
finding is made, the Large Electing Provider may
cease to offer or provide the requested service
beginning 30 days after the issuance of the notice
required by paragraph (5) of this subsection (c).
(ii) If, as a result of the investigation, the
Commission finds that service from at least one
provider offering alternative voice service,
including reliable access to 9-1-1, through any

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technology or medium is not available to one or
more requesting existing customers, the Commission
shall declare by order that an emergency exists
with respect to each requesting existing customer
for which such a finding is made.
(B) If the Commission declares an emergency under
subdivision (ii) of subparagraph (A) of this paragraph
(2) with respect to one or more requesting existing
customers, the Commission shall conduct a request for
service process to identify a willing provider of
alternative voice service including reliable access to
9-1-1. A provider shall not be required to participate
in the request for service process. The willing
provider may utilize any form of technology that is
capable of providing alternative voice service
including reliable access to 9-1-1, including, without
limitation, Voice over Internet Protocol services and
wireless services. The Commission shall, within 45
days after the issuance of an order finding that an
emergency exists, make one of the determinations
described in subdivisions (i) and (ii) of this
subparagraph (B) for each requesting existing customer
for which an emergency has been declared.
(i) If the Commission determines that another
provider is willing and capable of providing
alternative voice service including reliable

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access to 9-1-1 to one or more requesting existing
customers for which an emergency has been
declared, the Commission shall declare by order
that, with respect to each requesting existing
customer for which such a determination is made,
the Large Electing Provider may cease to offer or
provide the requested service beginning 30 days
after the issuance of the notice required by
paragraph (5) of this Section.
(ii) If the Commission determines that for one
or more of the requesting existing customers for
which an emergency has been declared there is no
other provider willing and capable of providing
alternative voice service including reliable
access to 9-1-1, the Commission shall issue an
order requiring the Large Electing Provider to
provide alternative voice service including
reliable access to 9-1-1 to each such requesting
existing customer utilizing any form of technology
capable of providing alternative voice service
including reliable access to 9-1-1, including,
without limitation, continuation of the requested
service, Voice over Internet Protocol services,
and wireless services, until another willing
provider is available. A Large Electing Provider
may fulfill the requirement through an affiliate

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or another provider. The Large Electing Provider
may request that such an order be rescinded upon a
showing that an alternative voice service
including reliable access to 9-1-1 has become
available to the requesting existing customer from
another provider.
(3) If the Commission receives no requests for
investigation from any existing customer under paragraph
(2) of this subsection (c) within 60 days after issuance of
the notice under paragraph (1) of this subsection (c), the
Commission shall provide written notice to the Large
Electing Provider of that fact no later than 75 days after
receipt of notice under paragraph (1) of this subsection
(c). Notwithstanding any provision of this subsection (c)
to the contrary, if no existing customer requests an
investigation under paragraph (2) of this subsection (c),
the Large Electing Provider may immediately provide the
notice to the Federal Communications Commission as
described in paragraph (4) of this subsection (c).
(4) At the same time that it provides notice to the
Federal Communications Commission of its intent to
discontinue the interstate-access component of the
requested service, the Large Electing Provider shall:
(A) file a notice of proposal to cease to offer and
provide the requested service with the Commission; and
(B) provide a notice of proposal to cease to offer

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and provide the requested service to existing
customers and new customers receiving the service at
the time of the notice within each affected geographic
area, with the notice made by first-class mail or
within customer bills delivered by mail or equivalent
means of notice, including electronic means if the
customer has elected to receive electronic billing.
The notice provided under this subparagraph (B) must
include a brief description of the requested service,
the date on which the Large Electing Provider intends
to cease offering or providing the telecommunications
service, and a statement as required by 47 CFR 63.71
that describes the process by which the customer may
submit comments to the Federal Communications
Commission.
(5) Upon approval by the Federal Communications
Commission of its request to discontinue the
interstate-access component of the requested service and
subject to the requirements of any order issued by the
Commission under subdivision (ii) of subparagraph (B) of
paragraph (2) of this subsection (c), the Large Electing
Provider may immediately cease to offer the requested
service to all customers not receiving the service on the
date of the Federal Communications Commission's approval
and may cease to offer and provide the requested service to
all customers receiving the service at the time of the

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Federal Communications Commission's approval upon 30 days'
notice to the Commission and affected customers. Notice to
affected customers under this paragraph (5) shall be
provided by first-class mail separate from customer bills.
The notice provided under this paragraph (5) must describe
the requested service, identify the date on which the Large
Electing Provider intends to cease offering or providing
the telecommunications service, and provide a telephone
number by which the existing customer may contact a service
representative of the Large Electing Provider.
(6) The notices provided for in paragraph (1) of this
subsection (c) are not required as a prerequisite for the
Large Electing Provider to cease to offer or provide a
telecommunications service in a geographic area where
there are no residential customers taking service from the
Large Electing Provider on the date that the Large Electing
Provider files notice to the Federal Communications
Commission of its intent to discontinue the
interstate-access component of the requested service in
such a geographic area.
(7) For a period of 45 days following the date of a
notice issued pursuant to paragraph (5) of this Section,
any existing customer (i) who is located in the affected
geographic area subject to that notice; (ii) who was
receiving the requested service as of the date of the
Federal Communications Commission's approval of the Large

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Electing Provider's request to discontinue the
interstate-access component of the requested service;
(iii) who did not make a timely request for investigation
pursuant to paragraph (2) of this Section; and (iv) whose
service will be or has been discontinued pursuant paragraph
(5), may request assistance from the Large Electing
Provider in identifying providers of alternative voice
service including reliable access to 9-1-1. Within 15 days
of the request, the Large Electing Provider shall provide
the customer with a list of alternative voice service
providers.
(8) Notwithstanding any other provision of this Act,
except as expressly authorized by this subsection (c), the
Commission may not, upon its own motion or upon complaint,
investigate, suspend, disapprove, condition, or otherwise
regulate the cessation of a telecommunications service to
an identifiable class or group of customers once initiated
by a Large Electing Provider under subsection (b) or this
subsection (c).".