Bill Text: IL HB4078 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Provides that the amendatory Act may be referred to as the Pay For Only The Channels You Want Act. Provides that, to the extent consistent with federal law, cable or video providers shall not charge a subscriber for any channel, service, or equipment (rather than service or equipment) that the subscriber has not affirmatively requested or affirmatively agreed to by name. Provides that, notwithstanding any other provision of law and to the extent consistent with federal law, cable or video providers shall not deny the ability of any subscriber to refuse to be charged for any particular channel and shall allow any subscriber to remove any specific channel and associated carriage fees from the subscriber's monthly bill. Provides that cable and video providers shall allow any subscriber to remove any channel and all associated carriage fees assessed to that subscriber via a website or toll-free telephone number. Provides that cable and video providers shall, for every new or renewing subscriber, list all channels offered in every particular service to all subscribers and allow the subscriber to approve or reject each channel and the associated carriage fee for that channel. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-05-10 - Referred to Rules Committee [HB4078 Detail]

Download: Illinois-2023-HB4078-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4078 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
220 ILCS 5/22-501
Amends the Public Utilities Act. Provides that the amendatory Act may be referred to as the Pay For Only The Channels You Want Act. Provides that, to the extent consistent with federal law, cable or video providers shall not charge a subscriber for any channel, service, or equipment (rather than service or equipment) that the subscriber has not affirmatively requested or affirmatively agreed to by name. Provides that, notwithstanding any other provision of law and to the extent consistent with federal law, cable or video providers shall not deny the ability of any subscriber to refuse to be charged for any particular channel and shall allow any subscriber to remove any specific channel and associated carriage fees from the subscriber's monthly bill. Provides that cable and video providers shall allow any subscriber to remove any channel and all associated carriage fees assessed to that subscriber via a website or toll-free telephone number. Provides that cable and video providers shall, for every new or renewing subscriber, list all channels offered in every particular service to all subscribers and allow the subscriber to approve or reject each channel and the associated carriage fee for that channel. Effective immediately.
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A BILL FOR
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AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Pay For Only
The Channels You Want Act.
Section 5. The Public Utilities Act is amended by changing
Section 22-501 as follows:
(220 ILCS 5/22-501)
Sec. 22-501. Customer service and privacy protection. All
cable or video providers in this State shall comply with the
following customer service requirements and privacy
protections. The provisions of this Act shall not apply to an
incumbent cable operator prior to January 1, 2008. For
purposes of this paragraph, an incumbent cable operator means
a person or entity that provided cable services in a
particular area under a franchise agreement with a local unit
of government pursuant to Section 11-42-11 of the Illinois
Municipal Code or Section 5-1095 of the Counties Code on
January 1, 2007. A master antenna television, satellite master
antenna television, direct broadcast satellite, multipoint
distribution service, and other provider of video programming
shall only be subject to the provisions of this Article to the

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extent permitted by federal law.
The following definitions apply to the terms used in this
Article:
"Basic cable or video service" means any service offering
or tier that includes the retransmission of local television
broadcast signals.
"Cable or video provider" means any person or entity
providing cable service or video service pursuant to
authorization under (i) the Cable and Video Competition Law of
2007; (ii) Section 11-42-11 of the Illinois Municipal Code;
(iii) Section 5-1095 of the Counties Code; or (iv) a master
antenna television, satellite master antenna television,
direct broadcast satellite, multipoint distribution services,
and other providers of video programming, whatever their
technology. A cable or video provider shall not include a
landlord providing only broadcast video programming to a
single-family home or other residential dwelling consisting of
4 units or less.
"Franchise" has the same meaning as found in 47 U.S.C.
522(9).
"Local unit of government" means a city, village,
incorporated town, or a county.
"Normal business hours" means those hours during which
most similar businesses in the geographic area of the local
unit of government are open to serve customers. In all cases,
"normal business hours" must include some evening hours at

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least one night per week or some weekend hours.
"Normal operating conditions" means those service
conditions that are within the control of cable or video
providers. Those conditions that are not within the control of
cable or video providers include, but are not limited to,
natural disasters, civil disturbances, power outages,
telephone network outages, and severe or unusual weather
conditions. Those conditions that are ordinarily within the
control of cable or video providers include, but are not
limited to, special promotions, pay-per-view events, rate
increases, regular peak or seasonal demand periods, and
maintenance or upgrade of the cable service or video service
network.
"Service interruption" means the loss of picture or sound
on one or more cable service or video service on one or more
cable or video channels.
"Service line drop" means the point of connection between
a premises and the cable or video network that enables the
premises to receive cable service or video service.
(a) General customer service standards:
(1) Cable or video providers shall establish general
standards related to customer service, which shall
include, but not be limited to, installation,
disconnection, service and repair obligations; appointment
hours and employee ID requirements; customer service
telephone numbers and hours; procedures for billing,

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charges, deposits, refunds, and credits; procedures for
termination of service; notice of deletion of programming
service; changes related to transmission of programming;
changes or increases in rates; the use and availability of
parental control or lock-out devices; the use and
availability of an A/B switch if applicable; complaint
procedures and procedures for bill dispute resolution; a
description of the rights and remedies available to
consumers if the cable or video provider does not
materially meet its customer service standards; and
special services for customers with visual, hearing, or
mobility disabilities.
(2) Cable or video providers' rates for each level of
service, rules, regulations, and policies related to its
cable service or video service described in paragraph (1)
of this subsection (a) must be made available to the
public and displayed clearly and conspicuously on the
cable or video provider's site on the Internet. If a
promotional price or a price for a specified period of
time is offered, the cable or video provider shall display
the price at the end of the promotional period or
specified period of time clearly and conspicuously with
the display of the promotional price or price for a
specified period of time. The cable or video provider
shall provide this information upon request.
(3) Cable or video providers shall provide notice

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concerning their general customer service standards to all
customers. This notice shall be offered when service is
first activated and upon request thereafter. The
information in the notice shall also be available on the
cable or video providers' websites and shall include all
of the information specified in paragraph (1) of this
subsection (a), as well as the following: a listing of
services offered by the cable or video providers, which
shall clearly describe programming for all services and
all levels of service; the rates for all services and
levels of service; a telephone number through which
customers may subscribe to, change, or terminate service,
request customer service, or seek general or billing
information; instructions on the use of the cable or video
services; and a description of rights and remedies that
the cable or video providers shall make available to their
customers if they do not materially meet the general
customer service standards described in this Act.
(b) General customer service obligations:
(1) Cable or video providers shall render reasonably
efficient service, promptly make repairs, and interrupt
service only as necessary and for good cause, during
periods of minimum use of the system and for no more than
24 hours.
(2) All service representatives or any other person
who contacts customers or potential customers on behalf of

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the cable or video provider shall have a visible
identification card with their name and photograph and
shall orally identify themselves upon first contact with
the customer. Customer service representatives shall
orally identify themselves to callers immediately
following the greeting during each telephone contact with
the public.
(3) The cable or video providers shall: (i) maintain a
customer service facility within the boundaries of a local
unit of government staffed by customer service
representatives that have the capacity to accept payment,
adjust bills, and respond to repair, installation,
reconnection, disconnection, or other service calls and
distribute or receive converter boxes, remote control
units, digital stereo units, or other equipment related to
the provision of cable or video service; (ii) provide
customers with bill payment facilities through retail,
financial, or other commercial institutions located within
the boundaries of a local unit of government; (iii)
provide an address, toll-free telephone number or
electronic address to accept bill payments and
correspondence and provide secure collection boxes for the
receipt of bill payments and the return of equipment,
provided that if a cable or video provider provides secure
collection boxes, it shall provide a printed receipt when
items are deposited; or (iv) provide an address, toll-free

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telephone number, or electronic address to accept bill
payments and correspondence and provide a method for
customers to return equipment to the cable or video
provider at no cost to the customer.
(4) In each contact with a customer, the service
representatives or any other person who contacts customers
or potential customers on behalf of the cable or video
provider shall state the estimated cost of the service,
repair, or installation orally prior to delivery of the
service or before any work is performed, shall provide the
customer with an oral statement of the total charges
before terminating the telephone call or other contact in
which a service is ordered, whether in-person or over the
Internet, and shall provide a written statement of the
total charges before leaving the location at which the
work was performed. In the event that the cost of service
is a promotional price or is for a limited period of time,
the cost of service at the end of the promotion or limited
period of time shall be disclosed.
(5) Cable or video providers shall provide customers a
minimum of 30 days' written notice before increasing rates
or eliminating transmission of programming and shall
submit the notice of any rate increase to the local unit of
government in advance of distribution to customers,
provided that the cable or video provider is not in
violation of this provision if the elimination of

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transmission of programming was outside the control of the
provider, in which case the provider shall use reasonable
efforts to provide as much notice as possible, and any
rate decrease related to the elimination of transmission
of programming shall be applied to the date of the change.
(6) Cable or video providers shall provide clear
visual and audio reception that meets or exceeds
applicable Federal Communications Commission technical
standards. If a customer experiences poor video or audio
reception due to the equipment of the cable or video
provider, the cable or video provider shall promptly
repair the problem at its own expense.
(c) Bills, payment, and termination:
(1) Cable or video providers shall render monthly
bills that are clear, accurate, and understandable.
(2) Every residential customer who pays bills directly
to the cable or video provider shall have at least 28 days
from the date of the bill to pay the listed charges.
(3) Customer payments shall be posted promptly. When
the payment is sent by United States mail, payment is
considered paid on the date it is postmarked.
(4) Cable or video providers may not terminate
residential service for nonpayment of a bill unless the
cable or video provider furnishes notice of the
delinquency and impending termination at least 15 days
prior to the proposed termination. Notice of proposed

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termination shall be mailed, postage prepaid, to the
customer to whom service is billed. Notice of proposed
termination shall not be mailed until the 24th day after
the date of the bill for services. Notice of delinquency
and impending termination may be part of a billing
statement only if the notice is designed to be
conspicuous. The cable or video providers may not assess a
late fee prior to the 24th day after the date of the bill
for service.
(5) Every notice of impending termination shall
include all of the following: the name and address of
customer; the amount of the delinquency; the date on which
payment is required to avoid termination; and the
telephone number of the cable or video provider's service
representative to make payment arrangements and to provide
additional information about the charges for failure to
return equipment and for reconnection, if any.
(6) Service may only be terminated on days when the
customer is able to reach a service representative of the
cable or video providers, either in person or by
telephone.
(7) Any service terminated by a cable or video
provider without good cause shall be restored without any
reconnection fee, charge, or penalty; good cause for
termination includes, but is not limited to, failure to
pay a bill by the date specified in the notice of impending

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termination, payment by check for which there are
insufficient funds, theft of service, abuse of equipment
or personnel, or other similar subscriber actions.
(8) Cable or video providers shall cease charging a
customer for any or all services within one business day
after it receives a request to immediately terminate
service or on the day requested by the customer if such a
date is at least 5 days from the date requested by the
customer. Nothing in this subsection (c) shall prohibit
the provider from billing for charges that the customer
incurs prior to the date of termination. Cable or video
providers shall issue a credit no later than the
customer's next billing cycle following the determination
that a credit is warranted. Cable or video providers shall
issue a refund or return a deposit promptly, but not later
than either the customer's next billing cycle following
resolution of the request or 30 days, whichever is
earlier, or the return of equipment, if any, whichever is
later.
(9) The customers or subscribers of a cable or video
provider shall be allowed to disconnect their service at
any time within the first 30 days after subscribing to or
upgrading the service. Within this 30-day period, cable or
video providers shall not charge or impose any fees or
penalties on the customer for disconnecting service,
including, but not limited to, any installation charge or

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the imposition of an early termination charge, except the
cable or video provider may impose a charge or fee to
offset any rebates or credits received by the customer and
may impose monthly service or maintenance charges,
including pay-per-view and premium services charges,
during such 30-day period.
(d) Response to customer inquiries:
(1) Cable or video providers will maintain a toll-free
telephone access line that is available to customers 24
hours a day, 7 days a week to accept calls regarding
installation, termination, service, and complaints.
Trained, knowledgeable, qualified service representatives
of the cable or video providers will be available to
respond to customer telephone inquiries during normal
business hours. Customer service representatives shall be
able to provide credit, waive fees, schedule appointments,
and change billing cycles. Any difficulties that cannot be
resolved by the customer service representatives shall be
referred to a supervisor who shall make his or her best
efforts to resolve the issue immediately. If the
supervisor does not resolve the issue to the customer's
satisfaction, the customer shall be informed of the cable
or video provider's complaint procedures and procedures
for billing dispute resolution and given a description of
the rights and remedies available to customers to enforce
the terms of this Article, including the customer's rights

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to have the complaint reviewed by the local unit of
government, to request mediation, and to review in a court
of competent jurisdiction.
(2) After normal business hours, the access line may
be answered by a service or an automated response system,
including an answering machine. Inquiries received by
telephone or e-mail after normal business hours shall be
responded to by a trained service representative on the
next business day. The cable or video provider shall
respond to a written billing inquiry within 10 days of
receipt of the inquiry.
(3) Cable or video providers shall provide customers
seeking non-standard installations with a total
installation cost estimate and an estimated date of
completion. The actual charge to the customer shall not
exceed the estimated cost without the written consent of
the customer.
(4) If the cable or video provider receives notice
that an unsafe condition exists with respect to its
equipment, it shall investigate such condition immediately
and shall take such measures as are necessary to remove or
eliminate the unsafe condition. The cable or video
provider shall inform the local unit of government
promptly, but no later than 2 hours after it receives
notification of an unsafe condition that it has not
remedied.

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(5) Under normal operating conditions, telephone
answer time by the cable or video provider's customer
representative, including wait time, shall not exceed 30
seconds when the connection is made. If the call needs to
be transferred, transfer time shall not exceed 30 seconds.
These standards shall be met no less than 90% of the time
under normal operating conditions, measured on a quarterly
basis. The cable or video provider shall not be required
to acquire equipment or perform surveys to measure
compliance with these telephone answering standards unless
an historical record of complaints indicates a clear
failure to comply.
(6) Under normal operating conditions, the cable or
video provider's customers will receive a busy signal less
than 3% of the time.
(e) Under normal operating conditions, each of the
following standards related to installations, outages, and
service calls will be met no less than 95% of the time measured
on a quarterly basis:
(1) Standard installations will be performed within 7
business days after an order has been placed. "Standard"
installations are those that are located up to 125 feet
from the existing distribution system.
(2) Excluding conditions beyond the control of the
cable or video providers, the cable or video providers
will begin working on "service interruptions" promptly and

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in no event later than 24 hours after the interruption is
reported by the customer or otherwise becomes known to the
cable or video providers. Cable or video providers must
begin actions to correct other service problems the next
business day after notification of the service problem and
correct the problem.
(3) The "appointment window" alternatives for
installations, service calls, and other installation
activities will be either a specific time or, at a
maximum, a 4-hour time block during evening, weekend, and
normal business hours. The cable or video provider may
schedule service calls and other installation activities
outside of these hours for the express convenience of the
customer.
(4) Cable or video providers may not cancel an
appointment with a customer after the close of business on
the business day prior to the scheduled appointment. If
the cable or video provider's representative is running
late for an appointment with a customer and will not be
able to keep the appointment as scheduled, the customer
will be contacted. The appointment will be rescheduled, as
necessary, at a time that is convenient for the customer,
even if the rescheduled appointment is not within normal
business hours.
(f) Public benefit obligation:
(1) All cable or video providers offering service

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pursuant to the Cable and Video Competition Law of 2007,
the Illinois Municipal Code, or the Counties Code shall
provide a free service line drop and free basic service to
all current and future public buildings within their
footprint, including, but not limited to, all local unit
of government buildings, public libraries, and public
primary and secondary schools, whether owned or leased by
that local unit of government ("eligible buildings"). Such
service shall be used in a manner consistent with the
government purpose for the eligible building and shall not
be resold.
(2) This obligation only applies to those cable or
video service providers whose cable service or video
service systems pass eligible buildings and its cable or
video service is generally available to residential
subscribers in the same local unit of government in which
the eligible building is located. The burden of providing
such service at each eligible building shall be shared by
all cable and video providers whose systems pass the
eligible buildings in an equitable and competitively
neutral manner, and nothing herein shall require
duplicative installations by more than one cable or video
provider at each eligible building. Cable or video
providers operating in a local unit of government shall
meet as necessary and determine who will provide service
to eligible buildings under this subsection (f). If the

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cable or video providers are unable to reach an agreement,
they shall meet with the local unit of government, which
shall determine which cable or video providers will serve
each eligible building. The local unit of government shall
bear the costs of any inside wiring or video equipment
costs not ordinarily provided as part of the cable or
video provider's basic offering.
(g) After the cable or video providers have offered
service for one year, the cable or video providers shall make
an annual report to the Commission, to the local unit of
government, and to the Attorney General that it is meeting the
standards specified in this Article, identifying the number of
complaints it received over the prior year in the State and
specifying the number of complaints related to each of the
following: (1) billing, charges, refunds, and credits; (2)
installation or termination of service; (3) quality of service
and repair; (4) programming; and (5) miscellaneous complaints
that do not fall within these categories.
(h) To the extent consistent with federal law, cable or
video providers shall offer the lowest-cost basic cable or
video service as a stand-alone service to residential
customers at reasonable rates. Cable or video providers shall
not require the subscription to any service other than the
lowest-cost basic service or to any telecommunications or
information service, as a condition of access to cable or
video service, including programming offered on a per channel

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or per program basis. Cable or video providers shall not
discriminate between subscribers to the lowest-cost basic
service, subscribers to other cable services or video
services, and other subscribers with regard to the rates
charged for cable or video programming offered on a per
channel or per program basis.
(i) To the extent consistent with federal law, cable or
video providers shall ensure that charges for changes in the
subscriber's selection of services or equipment shall be based
on the cost of such change and shall not exceed nominal amounts
when the system's configuration permits changes in service
tier selection to be effected solely by coded entry on a
computer terminal or by other similarly simple method.
(j) To the extent consistent with federal law, cable or
video providers shall have a rate structure for the provision
of cable or video service that is uniform throughout the area
within the boundaries of the local unit of government. This
subsection (j) is not intended to prohibit bulk discounts to
multiple dwelling units or to prohibit reasonable discounts to
senior citizens or other economically disadvantaged groups.
(k) To the extent consistent with federal law, cable or
video providers shall not charge a subscriber for any channel,
service, or equipment that the subscriber has not
affirmatively requested or affirmatively agreed to by name.
For purposes of this subsection (k), a subscriber's failure to
refuse a cable or video provider's proposal to provide a

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channel, service, or equipment shall not be deemed to be an
affirmative request for such channel, service, or equipment.
Notwithstanding any other provision of law and to the
extent consistent with federal law, cable or video providers
shall not deny the ability of any subscriber to refuse to be
charged for any particular channel and shall allow any
subscriber to remove any specific channel and associated
carriage fees from the subscriber's monthly bill. Cable and
video providers shall allow any subscriber to remove any
channel and all associated carriage fees assessed to that
subscriber via a website or toll-free telephone number. Cable
and video providers shall, for every new or renewing
subscriber, list all channels offered in every particular
service to all subscribers and allow the subscriber to approve
or reject each channel and the associated carriage fee for
that channel.
(l) No contract or service agreement containing an early
termination clause offering residential cable or video
services or any bundle including such services shall be for a
term longer than 2 years. Any contract or service offering
with a term of service that contains an early termination fee
shall limit the early termination fee to not more than the
value of any additional goods or services provided with the
cable or video services, the amount of the discount reflected
in the price for cable services or video services for the
period during which the consumer benefited from the discount,

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or a declining fee based on the remainder of the contract term.
(m) Cable or video providers shall not discriminate in the
provision of services for the hearing and visually impaired,
and shall comply with the accessibility requirements of 47
U.S.C. 613. Cable or video providers shall deliver and pick-up
or provide customers with pre-paid shipping and packaging for
the return of converters and other necessary equipment at the
home of customers with disabilities. Cable or video providers
shall provide free use of a converter or remote control unit to
mobility impaired customers.
(n)(1) To the extent consistent with federal law, cable or
video providers shall comply with the provisions of 47 U.S.C.
532(h) and (j). The cable or video providers shall not
exercise any editorial control over any video programming
provided pursuant to this Section, or in any other way
consider the content of such programming, except that a cable
or video provider may refuse to transmit any leased access
program or portion of a leased access program that contains
obscenity, indecency, or nudity and may consider such content
to the minimum extent necessary to establish a reasonable
price for the commercial use of designated channel capacity by
an unaffiliated person. This subsection (n) shall permit cable
or video providers to enforce prospectively a written and
published policy of prohibiting programming that the cable or
video provider reasonably believes describes or depicts sexual
or excretory activities or organs in a patently offensive

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manner as measured by contemporary community standards.
(2) Upon customer request, the cable or video provider
shall, without charge, fully scramble or otherwise fully
block the audio and video programming of each channel
carrying such programming so that a person who is not a
subscriber does not receive the channel or programming.
(3) In providing sexually explicit adult programming
or other programming that is indecent on any channel of
its service primarily dedicated to sexually oriented
programming, the cable or video provider shall fully
scramble or otherwise fully block the video and audio
portion of such channel so that a person who is not a
subscriber to such channel or programming does not receive
it.
(4) Scramble means to rearrange the content of the
signal of the programming so that the programming cannot
be viewed or heard in an understandable manner.
(o) Cable or video providers will maintain a listing,
specific to the level of street address, of the areas where its
cable or video services are available. Customers who inquire
about purchasing cable or video service shall be informed
about whether the cable or video provider's cable or video
services are currently available to them at their specific
location.
(p) Cable or video providers shall not disclose the name,
address, telephone number or other personally identifying

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information of a cable service or video service customer to be
used in mailing lists or to be used for other commercial
purposes not reasonably related to the conduct of its business
unless the cable or video provider has provided to the
customer a notice, separately or included in any other
customer service notice, that clearly and conspicuously
describes the customer's ability to prohibit the disclosure.
Cable or video providers shall provide an address and
telephone number for a customer to use without a toll charge to
prevent disclosure of the customer's name and address in
mailing lists or for other commercial purposes not reasonably
related to the conduct of its business to other businesses or
affiliates of the cable or video provider. Cable or video
providers shall comply with the consumer privacy requirements
of Section 26-4.5 of the Criminal Code of 2012, the Restricted
Call Registry Act, and 47 U.S.C. 551 that are in effect as of
June 30, 2007 (the effective date of Public Act 95-9) and as
amended thereafter.
(q) Cable or video providers shall implement an informal
process for handling inquiries from local units of government
and customers concerning billing issues, service issues,
privacy concerns, and other consumer complaints. In the event
that an issue is not resolved through this informal process, a
local unit of government or the customer may request
nonbinding mediation with the cable or video provider, with
each party to bear its own costs of such mediation. Selection

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of the mediator will be by mutual agreement, and preference
will be given to mediation services that do not charge the
consumer for their services. In the event that the informal
process does not produce a satisfactory result to the customer
or the local unit of government, enforcement may be pursued as
provided in subdivision (4) of subsection (r) of this Section.
(r) The Attorney General and the local unit of government
may enforce all of the customer service and privacy protection
standards of this Section with respect to complaints received
from residents within the local unit of government's
jurisdiction, but it may not adopt or seek to enforce any
additional or different customer service or performance
standards under any other authority or provision of law.
(1) The local unit of government may, by ordinance,
provide a schedule of penalties for any material breach of
this Section by cable or video providers in addition to
the penalties provided herein. No monetary penalties shall
be assessed for a material breach if it is out of the
reasonable control of the cable or video providers or its
affiliate. Monetary penalties adopted in an ordinance
pursuant to this Section shall apply on a competitively
neutral basis to all providers of cable service or video
service within the local unit of government's
jurisdiction. In no event shall the penalties imposed
under this subsection (r) exceed $750 for each day of the
material breach, and these penalties shall not exceed

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$25,000 for each occurrence of a material breach per
customer.
(2) For purposes of this Section, "material breach"
means any substantial failure of a cable or video service
provider to comply with service quality and other
standards specified in any provision of this Act. The
Attorney General or the local unit of government shall
give the cable or video provider written notice of any
alleged material breaches of this Act and allow such
provider at least 30 days from receipt of the notice to
remedy the specified material breach.
(3) A material breach, for the purposes of assessing
penalties, shall be deemed to have occurred for each day
that a material breach has not been remedied by the cable
service or video service provider after the expiration of
the period specified in subdivision (2) of this subsection
(r) in each local unit of government's jurisdiction,
irrespective of the number of customers affected.
(4) Any customer, the Attorney General, or a local
unit of government may pursue alleged violations of this
Act by the cable or video provider in a court of competent
jurisdiction. A cable or video provider may seek judicial
review of a decision of a local unit of government
imposing penalties in a court of competent jurisdiction.
No local unit of government shall be subject to suit for
damages or other relief based upon its action in

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connection with its enforcement or review of any of the
terms, conditions, and rights contained in this Act except
a court may require the return of any penalty it finds was
not properly assessed or imposed.
(s) Cable or video providers shall credit customers for
violations in the amounts stated herein. 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. Cable or video providers are
responsible for providing the credits described herein and the
customer is under no obligation to request the credit. If the
customer is no longer taking service from the cable or video
provider, the credit amount will be refunded to the customer
by check within 30 days of the termination of service. A local
unit of government may, by ordinance, adopt a schedule of
credits payable directly to customers for breach of the
customer service standards and obligations contained in this
Article, provided the schedule of customer credits applies on
a competitively neutral basis to all providers of cable
service or video service in the local unit of government's
jurisdiction and the credits are not greater than the credits
provided in this Section.
(1) Failure to keep an appointment or to notify the
customer prior to the close of business on the business
day prior to the scheduled appointment: $25.00.
(2) Violation of customer service and billing

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standards in subsections (c) and (d) of this Section:
$25.00 per occurrence.
(3) Violation of the bundling rules in subsection (h)
of this Section: $25.00 per month.
(t) The enforcement powers granted to the Attorney General
in Article XXI of this Act shall apply to this Article, except
that the Attorney General may not seek penalties for violation
of this Article other than in the amounts specified herein.
Nothing in this Section shall limit or affect the powers of the
Attorney General to enforce the provisions of Article XXI of
this Act or the Consumer Fraud and Deceptive Business
Practices Act.
(u) This Article applies to all cable and video providers
in the State, including but not limited to those operating
under a local franchise as that term is used in 47 U.S.C.
522(9), those operating under authorization pursuant to
Section 11-42-11 of the Illinois Municipal Code, those
operating under authorization pursuant to Section 5-1095 of
the Counties Code, and those operating under a State-issued
authorization pursuant to Article XXI of this Act.
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
98-45, eff. 6-28-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.