Bill Text: IL HB4634 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Public Utilities Act. Repeals a provision that established the Universal Telephone Service Assistance Program. Deletes a cross-reference to the repealed program.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0826 [HB4634 Detail]

Download: Illinois-2023-HB4634-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4634 Introduced , by Rep. Eva-Dina Delgado SYNOPSIS AS INTRODUCED:
220 ILCS 5/13-506.2
220 ILCS 5/13-301.1 rep.
Amends the Public Utilities Act. Repeals a provision that established the Universal Telephone Service Assistance Program. Deletes a cross-reference to the repealed program.
LRB103 36124 LNS 66215 b
A BILL FOR
HB4634 LRB103 36124 LNS 66215 b
AN ACT concerning regulation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Public Utilities Act is amended by changing
Section 13-506.2 as follows:
(220 ILCS 5/13-506.2)
(Section scheduled to be repealed on December 31, 2026)
Sec. 13-506.2. Market regulation for competitive retail
services.
(a) Definitions. As used in this Section:
(1) "Electing Provider" means a telecommunications
carrier that is subject to either rate regulation pursuant
to Section 13-504 or Section 13-505 or alternative
regulation pursuant to Section 13-506.1 and that elects to
have the rates, terms, and conditions of its competitive
retail telecommunications services solely determined and
regulated pursuant to the terms of this Article.
(2) "Basic local exchange service" means either a
stand-alone residence network access line and per-call
usage or, for any geographic area in which such
stand-alone service is not offered, a stand-alone flat
rate residence network access line for which local calls
are not charged for frequency or duration. Extended Area

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Service shall be included in basic local exchange service.
(3) "Existing customer" means a residential customer
who was subscribing to one of the optional packages
described in subsection (d) of this Section as of the
effective date of this amendatory Act of the 99th General
Assembly. A customer who was subscribing to one of the
optional packages on that date but stops subscribing
thereafter shall not be considered an "existing customer"
as of the date the customer stopped subscribing to the
optional package, unless the stoppage is temporary and
caused by the customer changing service address locations,
or unless the customer resumes subscribing and is eligible
to receive discounts on monthly telephone service under
the federal Lifeline program, 47 C.F.R. Part 54, Subpart
E.
(4) "New customer" means a residential customer who
was not subscribing to one of the optional packages
described in subsection (d) of this Section as of the
effective date of this amendatory Act of the 99th General
Assembly and who is eligible to receive discounts on
monthly telephone service under the federal Lifeline
program, 47 C.F.R. Part 54, Subpart E.
(b) Election for market regulation. Notwithstanding any
other provision of this Act, an Electing Provider may elect to
have the rates, terms, and conditions of its competitive
retail telecommunications services solely determined and

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regulated pursuant to the terms of this Section by filing
written notice of its election for market regulation with the
Commission. The notice of election shall designate the
geographic area of the Electing Provider's service territory
where the market regulation shall apply, either on a
state-wide basis or in one or more specified Market Service
Areas ("MSA") or Exchange areas. An Electing Provider shall
not make an election for market regulation under this Section
unless it commits in its written notice of election for market
regulation to fulfill the conditions and requirements in this
Section in each geographic area in which market regulation is
elected. Immediately upon filing the notice of election for
market regulation, the Electing Provider shall be subject to
the jurisdiction of the Commission to the extent expressly
provided in this Section.
(c) Competitive classification. Market regulation shall be
available for competitive retail telecommunications services
as provided in this subsection.
(1) For geographic areas in which telecommunications
services provided by the Electing Provider were classified
as competitive either through legislative action or a
tariff filing pursuant to Section 13-502 prior to January
1, 2010, and that are included in the Electing Provider's
notice of election pursuant to subsection (b) of this
Section, such services, and all recurring and nonrecurring
charges associated with, related to or used in connection

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with such services, shall be classified as competitive
without further Commission review. For services classified
as competitive pursuant to this subsection, the
requirements or conditions in any order or decision
rendered by the Commission pursuant to Section 13-502
prior to the effective date of this amendatory Act of the
96th General Assembly, except for the commitments made by
the Electing Provider in such order or decision concerning
the optional packages required in subsection (d) of this
Section and basic local exchange service as defined in
this Section, shall no longer be in effect and no
Commission investigation, review, or proceeding under
Section 13-502 shall be continued, conducted, or
maintained with respect to such services, charges,
requirements, or conditions. If an Electing Provider has
ceased providing optional packages to customers pursuant
to subdivision (d)(8) of this Section, the commitments
made by the Electing Provider in such order or decision
concerning the optional packages under subsection (d) of
this Section shall no longer be in effect and no
Commission investigation, review, or proceeding under
Section 13-502 shall be continued, conducted, or
maintained with respect to such packages.
(2) For those geographic areas in which residential
local exchange telecommunications services have not been
classified as competitive as of the effective date of this

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amendatory Act of the 96th General Assembly, all
telecommunications services provided to residential and
business end users by an Electing Provider in the
geographic area that is included in its notice of election
pursuant to subsection (b) shall be classified as
competitive for purposes of this Article without further
Commission review.
(3) If an Electing Provider was previously subject to
alternative regulation pursuant to Section 13-506.1 of
this Article, the alternative regulation plan shall
terminate in whole for all services subject to that plan
and be of no force or effect, without further Commission
review or action, when the Electing Provider's residential
local exchange telecommunications service in each MSA in
its telecommunications service area in the State has been
classified as competitive pursuant to either subdivision
(c)(1) or (c)(2) of this Section.
(4) The service packages described in Section 13-518
shall be classified as competitive for purposes of this
Section if offered by an Electing Provider in a geographic
area in which local exchange telecommunications service
has been classified as competitive pursuant to either
subdivision (c)(1) or (c)(2) of this Section.
(5) Where a service, or its functional equivalent, or
a substitute service offered by a carrier that is not an
Electing Provider or the incumbent local exchange carrier

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for that area is also being offered by an Electing
Provider for some identifiable class or group of customers
in an exchange, group of exchanges, or some other clearly
defined geographical area, the service offered by a
carrier that is not an Electing Provider or the incumbent
local exchange carrier for that area shall be classified
as competitive without further Commission review.
(6) Notwithstanding any other provision of this Act,
retail telecommunications services classified as
competitive pursuant to Section 13-502 or subdivision
(c)(5) of this Section shall have their rates, terms, and
conditions solely determined and regulated pursuant to the
terms of this Section in the same manner and to the same
extent as the competitive retail telecommunications
services of an Electing Provider, except that subsections
(d), (g), and (j) of this Section shall not apply to a
carrier that is not an Electing Provider or to the
competitive telecommunications services of a carrier that
is not an Electing Provider. The access services of a
carrier that is not an Electing Provider shall remain
subject to Section 13-900.2. The requirements in
subdivision (e)(3) of this Section shall not apply to
retail telecommunications services classified as
competitive pursuant to Section 13-502 or subdivision
(c)(5) of this Section, except that, upon request from the
Commission, the telecommunications carrier providing

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competitive retail telecommunications services shall
provide a report showing the number of credits and
exemptions for the requested time period.
(d) Consumer choice safe harbor options.
(1) Subject to subdivision (d)(8) of this Section, an
Electing Provider in each of the MSA or Exchange areas
classified as competitive pursuant to subdivision (c)(1)
or (c)(2) of this Section shall offer to all residential
customers who choose to subscribe the following optional
packages of services priced at the same rate levels in
effect on January 1, 2010:
(A) A basic package, which shall consist of a
stand-alone residential network access line and 30
local calls. If the Electing Provider offers a
stand-alone residential access line and local usage on
a per call basis, the price for the basic package shall
be the Electing Provider's applicable price in effect
on January 1, 2010 for the sum of a residential access
line and 30 local calls, additional calls over 30
calls shall be provided at the current per call rate.
However, this basic package is not required if
stand-alone residential network access lines or
per-call local usage are not offered by the Electing
Provider in the geographic area on January 1, 2010 or
if the Electing Provider has not increased its
stand-alone network access line and local usage rates,

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including Extended Area Service rates, since January
1, 2010.
(B) An extra package, which shall consist of
residential basic local exchange network access line
and unlimited local calls. The price for the extra
package shall be the Electing Provider's applicable
price in effect on January 1, 2010 for a residential
access line with unlimited local calls.
(C) A plus package, which shall consist of
residential basic local exchange network access line,
unlimited local calls, and the customer's choice of 2
vertical services offered by the Electing Provider.
The term "vertical services" as used in this
subsection, includes, but is not limited to, call
waiting, call forwarding, 3-way calling, caller ID,
call tracing, automatic callback, repeat dialing, and
voicemail. The price for the plus package shall be the
Electing Provider's applicable price in effect on
January 1, 2010 for the sum of a residential access
line with unlimited local calls and 2 times the
average price for the vertical features included in
the package.
(2) Subject to subdivision (d)(8) of this Section, for
those geographic areas in which local exchange
telecommunications services were classified as competitive
on the effective date of this amendatory Act of the 96th

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General Assembly, an Electing Provider in each such MSA or
Exchange area shall be subject to the same terms and
conditions as provided in commitments made by the Electing
Provider in connection with such previous competitive
classifications, which shall apply with equal force under
this Section, except as follows: (i) the limits on price
increases on the optional packages required by this
Section shall be extended consistent with subsection
(d)(1) of this Section and (ii) the price for the extra
package required by subsection (d)(1)(B) shall be reduced
by one dollar from the price in effect on January 1, 2010.
In addition, if an Electing Provider obtains a competitive
classification pursuant to subsection (c)(1) and (c)(2),
the price for the optional packages shall be determined in
such area in compliance with subsection (d)(1), except the
price for the plus package required by subsection (d)(1)
(C) shall be the lower of the price for such area or the
price of the plus package in effect on January 1, 2010 for
areas classified as competitive pursuant to subsection
(c)(1).
(3) To the extent that the requirements in Section
13-518 applied to a telecommunications carrier prior to
the effective date of this Section and that
telecommunications carrier becomes an Electing Provider in
accordance with the provisions of this Section, the
requirements in Section 13-518 shall cease to apply to

HB4634 - 10 - LRB103 36124 LNS 66215 b
that Electing Provider in those geographic areas included
in the Electing Provider's notice of election pursuant to
subsection (b) of this Section.
(4) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall make the optional packages
required by this subsection and stand-alone residential
network access lines and local usage, where offered,
readily available to the public by providing information,
in a clear manner, to residential customers. Information
shall be made available on a website, and an Electing
Provider shall provide notification to its customers every
6 months, provided that notification may consist of a bill
page message that provides an objective description of the
safe harbor options that includes a telephone number and
website address where the customer may obtain additional
information about the packages from the Electing Provider.
The optional packages shall be offered on a monthly basis
with no term of service requirement. An Electing Provider
shall allow online electronic ordering of the optional
packages and stand-alone residential network access lines
and local usage, where offered, on its website in a manner
similar to the online electronic ordering of its other
residential services.
(5) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall comply with the Commission's
existing rules, regulations, and notices in Title 83, Part

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735 of the Illinois Administrative Code when offering or
providing the optional packages required by this
subsection (d) and stand-alone residential network access
lines.
(6) Subject to subdivision (d)(8) of this Section, an
Electing Provider shall provide to the Commission
semi-annual subscribership reports as of June 30 and
December 31 that contain the number of its customers
subscribing to each of the consumer choice safe harbor
packages required by subsection (d)(1) of this Section and
the number of its customers subscribing to retail
residential basic local exchange service as defined in
subsection (a)(2) of this Section. The first semi-annual
reports shall be made on April 1, 2011 for December 31,
2010, and on September 1, 2011 for June 30, 2011, and
semi-annually on April 1 and September 1 thereafter. Such
subscribership information shall be accorded confidential
and proprietary treatment upon request by the Electing
Provider.
(7) The Commission shall have the power, after notice
and hearing as provided in this Article, upon complaint or
upon its own motion, to take corrective action if the
requirements of this Section are not complied with by an
Electing Provider.
(8) On and after the effective date of this amendatory
Act of the 99th General Assembly, an Electing Provider

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shall continue to offer and provide the optional packages
described in this subsection (d) to existing customers and
new customers. On and after July 1, 2017, an Electing
Provider may immediately stop offering the optional
packages described in this subsection (d) and, upon
providing two notices to affected customers and to the
Commission, may stop providing the optional packages
described in this subsection (d) to all customers who
subscribe to one of the optional packages. The first
notice shall be provided at least 90 days before the date
upon which the Electing Provider intends to stop providing
the optional packages, and the second notice must be
provided at least 30 days before that date. The first
notice shall not be provided prior to July 1, 2017. Each
notice must identify the date on which the Electing
Provider intends to stop providing the optional packages,
at least one alternative service available to the
customer, and a telephone number by which the customer may
contact a service representative of the Electing Provider.
After July 1, 2017 with respect to new customers, and upon
the expiration of the second notice period with respect to
customers who were subscribing to one of the optional
packages, subdivisions (d)(1), (d)(2), (d)(4), (d)(5),
(d)(6), and (d)(7) of this Section shall not apply to the
Electing Provider. Notwithstanding any other provision of
this Article, an Electing Provider that has ceased

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providing the optional packages under this subdivision
(d)(8) is not subject to Section 13-301(1)(c) of this Act.
Notwithstanding any other provision of this Act, and
subject to subdivision (d)(7) of this Section, the
Commission's authority over the discontinuance of the
optional packages described in this subsection (d) by an
Electing Provider shall be governed solely by this
subsection (d)(8).
(e) Service quality and customer credits for basic local
exchange service.
(1) An Electing Provider shall meet the following
service quality standards in providing basic local
exchange service, which for purposes of this subsection
(e), includes both basic local exchange service and any
consumer choice safe harbor options that may be required
by subsection (d) of this Section.
(A) 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
the Electing Provider's 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 Electing Provider shall install
service by the date requested.

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(B) Restore basic local exchange service for the
customer within 30 hours after receiving notice that
the customer is out of service.
(C) Keep all repair and installation appointments
for basic local exchange service if a customer
premises visit requires a customer to be present. The
appointment window shall be either a specific time or,
at a maximum, a 4-hour time block during evening,
weekend, and normal business hours.
(D) Inform a customer when a repair or
installation appointment requires the customer to be
present.
(2) Customers shall be credited by the Electing
Provider for violations of basic local exchange service
quality standards described in subdivision (e)(1) of this
Section. The credits shall be applied automatically on the
statement issued to the customer for the next monthly
billing cycle following the violation or following the
discovery of the violation. The next monthly billing cycle
following the violation or the discovery of the violation
means the billing cycle immediately following the billing
cycle in process at the time of the violation or discovery
of the violation, provided the total time between the
violation or discovery of the violation and the issuance
of the credit shall not exceed 60 calendar days. The
Electing Provider is responsible for providing the credits

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and the customer is under no obligation to request such
credits. The following credits shall apply:
(A) If an Electing Provider fails to repair an
out-of-service condition for basic local exchange
service within 30 hours, the Electing Provider shall
provide a credit to the customer. If the service
disruption is for more than 30 hours, but not more than
48 hours, the credit must be equal to a pro-rata
portion of the monthly recurring charges for all basic
local exchange 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 basic local exchange 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
basic local exchange services disrupted. For each day
or portion thereof that the service disruption
continues beyond the initial 120-hour period, the
Electing Provider shall also provide an additional
credit of $20 per calendar day.
(B) If an Electing Provider fails to install basic

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local exchange service as required under subdivision
(e)(1) of this Section, the Electing Provider 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
Electing Provider shall provide a credit of $25. If an
Electing Provider 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 Electing Provider 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 Electing Provider 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 Electing Provider shall also provide an additional
credit of $20 per calendar day until the basic local
exchange service is installed.
(C) If an Electing Provider fails to keep a
scheduled repair or installation appointment when a

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customer premises visit requires a customer to be
present as required under subdivision (e)(1) of this
Section, the Electing Provider shall credit the
customer $25 per missed appointment. A credit required
by this subdivision does not apply when the Electing
Provider provides the customer notice of its inability
to keep the appointment no later than 8:00 pm of the
day prior to the scheduled date of the appointment.
(D) 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 83 Ill.
Adm. Code 732.10;
(iv) is extended by the Electing Provider'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 Electing Provider;
(v) occurs as a result of a customer request
to change the scheduled appointment, provided that
the violation is not further extended by the

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Electing Provider;
(vi) occurs as a result of an Electing
Provider'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, where a customer
requests service in a geographic area where the
Electing Provider is not currently offering
service, or where there are insufficient
facilities to meet the customer's request for
service, subject to an Electing Provider's
obligation for reasonable facilities planning.
(3) Each Electing Provider shall provide to the
Commission on a quarterly basis and in a form suitable for
posting on the Commission's website in conformance with
the rules adopted by the Commission and in effect on April
1, 2010, a public report that includes the following data
for basic local exchange service quality of service:
(A) With regard to credits due in accordance with
subdivision (e)(2)(A) as a result of out-of-service
conditions lasting more than 30 hours:
(i) the total dollar amount of any customer
credits paid;
(ii) the number of credits issued for repairs
between 30 and 48 hours;

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(iii) the number of credits issued for repairs
between 49 and 72 hours;
(iv) the number of credits issued for repairs
between 73 and 96 hours;
(v) the number of credits used for repairs
between 97 and 120 hours;
(vi) the number of credits issued for repairs
greater than 120 hours; and
(vii) the number of exemptions claimed for
each of the categories identified in subdivision
(e)(2)(D).
(B) With regard to credits due in accordance with
subdivision (e)(2)(B) as a result of failure to
install basic local exchange service:
(i) the total dollar amount of any customer
credits paid;
(ii) the number of installations after 5
business days;
(iii) the number of installations after 10
business days;
(iv) the number of installations after 11
business days; and
(v) the number of exemptions claimed for each
of the categories identified in subdivision
(e)(2)(D).
(C) With regard to credits due in accordance with

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subdivision (e)(2)(C) as a result of missed
appointments:
(i) the total dollar amount of any customer
credits paid;
(ii) the number of any customers receiving
credits; and
(iii) the number of exemptions claimed for
each of the categories identified in subdivision
(e)(2)(D).
(D) The Electing Provider's annual report required
by this subsection shall also include, for
informational reporting, the performance data
described in subdivisions (e)(2)(A), (e)(2)(B), and
(e)(2)(C), and trouble reports per 100 access lines
calculated using the Commission's existing applicable
rules and regulations for such measures, including the
requirements for service standards established in this
Section.
(4) It is the intent of the General Assembly that the
service quality rules and customer credits in this
subsection (e) of this Section and other enforcement
mechanisms, including fines and penalties authorized by
Section 13-305, shall apply on a nondiscriminatory basis
to all Electing Providers. Accordingly, notwithstanding
any provision of any service quality rules promulgated by
the Commission, any alternative regulation plan adopted by

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the Commission, or any other order of the Commission, any
Electing Provider that is subject to any other order of
the Commission and that violates or fails to comply with
the service quality standards promulgated pursuant to this
subsection (e) or any other order of the Commission shall
not be subject to any fines, penalties, customer credits,
or enforcement mechanisms other than such fines or
penalties or customer credits as may be imposed by the
Commission in accordance with the provisions of this
subsection (e) and Section 13-305, which are to be
generally applicable to all Electing Providers. The amount
of any fines or penalties imposed by the Commission for
failure to comply with the requirements of this subsection
(e) shall be an appropriate amount, taking into account,
at a minimum, the Electing Provider's gross annual
intrastate revenue; the frequency, duration, and
recurrence of the violation; and the relative harm caused
to the affected customers or other users of the network.
In imposing fines and penalties, the Commission shall take
into account compensation or credits paid by the Electing
Provider to its customers pursuant to this subsection (e)
in compensation for any violation found pursuant to this
subsection (e), and in any event the fine or penalty shall
not exceed an amount equal to the maximum amount of a civil
penalty that may be imposed under Section 13-305.
(5) An Electing Provider in each of the MSA or

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Exchange areas classified as competitive pursuant to
subsection (c) of this Section shall fulfill the
requirements in subdivision (e)(3) of this Section for 3
years after its notice of election becomes effective.
After such 3 years, the requirements in subdivision (e)(3)
of this Section shall not apply to such Electing Provider,
except that, upon request from the Commission, the
Electing Provider shall provide a report showing the
number of credits and exemptions for the requested time
period.
(f) Commission jurisdiction over competitive retail
telecommunications services. Except as otherwise expressly
stated in this Section, the Commission shall thereafter have
no jurisdiction or authority over any aspect of competitive
retail telecommunications service of an Electing Provider in
those geographic areas included in the Electing Provider's
notice of election pursuant to subsection (b) of this Section
or of a retail telecommunications service classified as
competitive pursuant to Section 13-502 or subdivision (c)(5)
of this Section, heretofore subject to the jurisdiction of the
Commission, including but not limited to, any requirements of
this Article related to the terms, conditions, rates, quality
of service, availability, classification or any other aspect
of any competitive retail telecommunications services. No
telecommunications carrier shall commit any unfair or
deceptive act or practice in connection with any aspect of the

HB4634 - 23 - LRB103 36124 LNS 66215 b
offering or provision of any competitive retail
telecommunications service. Nothing in this Article shall
limit or affect any provisions in the Consumer Fraud and
Deceptive Business Practices Act with respect to any unfair or
deceptive act or practice by a telecommunications carrier.
(g) Commission authority over access services upon
election for market regulation.
(1) As part of its Notice of Election for Market
Regulation, the Electing Provider shall reduce its
intrastate switched access rates to rates no higher than
its interstate switched access rates in 4 installments.
The first reduction must be made 30 days after submission
of its complete application for Notice of Election for
Market Regulation, and the Electing Provider must reduce
its intrastate switched access rates by an amount equal to
33% of the difference between its current intrastate
switched access rates and its current interstate switched
access rates. The second reduction must be made no later
than one year after the first reduction, and the Electing
Provider must reduce its then current intrastate switched
access rates by an amount equal to 41% of the difference
between its then current intrastate switched access rates
and its then current interstate switched access rates. The
third reduction must be made no later than one year after
the second reduction, and the Electing Provider must
reduce its then current intrastate switched access rates

HB4634 - 24 - LRB103 36124 LNS 66215 b
by an amount equal to 50% of the difference between its
then current intrastate switched access rate and its then
current interstate switched access rates. The fourth
reduction must be made on or before June 30, 2013, and the
Electing Provider must reduce its intrastate switched
access rate to mirror its then current interstate switched
access rates and rate structure. Following the fourth
reduction, each Electing Provider must continue to set its
intrastate switched access rates to mirror its interstate
switched access rates and rate structure. For purposes of
this subsection, the rate for intrastate switched access
service means the composite, per-minute rate for that
service, including all applicable fixed and
traffic-sensitive charges, including, but not limited to,
carrier common line charges.
(2) Nothing in paragraph (1) of this subsection (g)
prohibits an Electing Provider from electing to offer
intrastate switched access service at rates lower than its
interstate switched access rates.
(3) The Commission shall have no authority to order an
Electing Provider to set its rates for intrastate switched
access at a level lower than its interstate switched
access rates.
(4) The Commission's authority under this subsection
(g) shall only apply to Electing Providers under Market
Regulation. The Commission's authority over switched

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access services for all other carriers is retained under
Section 13-900.2 of this Act.
(h) Safety of service equipment and facilities.
(1) An Electing Provider 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, reliable, and
efficient without discrimination or delay. Every Electing
Provider shall provide service and facilities that are in
all respects environmentally safe.
(2) The Commission is authorized to conduct an
investigation of any Electing Provider or part thereof.
The investigation may examine the reasonableness,
prudence, or efficiency of any aspect of the Electing
Provider's operations or functions that may affect the
adequacy, safety, efficiency, or reliability of
telecommunications service. The Commission may conduct or
order an investigation only when it has reasonable grounds
to believe that the investigation is necessary to assure
that the Electing Provider is providing adequate,
efficient, reliable, and safe service. The Commission
shall, before initiating any such investigation, issue an
order describing the grounds for the investigation and the
appropriate scope and nature of the investigation, which
shall be reasonably related to the grounds relied upon by

HB4634 - 26 - LRB103 36124 LNS 66215 b
the Commission in its order.
(i) (Blank).
(j) Application of Article VII. The provisions of Sections
7-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are
applicable to an Electing Provider offering or providing
retail telecommunications service, and the Commission's
regulation thereof, except that (1) the approval of contracts
and arrangements with affiliated interests required by
paragraph (3) of Section 7-101 shall not apply to such
telecommunications carriers provided that, except as provided
in item (2), those contracts and arrangements shall be filed
with the Commission; (2) affiliated interest contracts or
arrangements entered into by such telecommunications carriers
where the increased obligation thereunder does not exceed the
lesser of $5,000,000 or 5% of such carrier's prior annual
revenue from noncompetitive services are not required to be
filed with the Commission; and (3) any consent and approval of
the Commission required by Section 7-102 is not required for
the sale, lease, assignment, or transfer by any Electing
Provider of any property that is not necessary or useful in the
performance of its duties to the public.
(k) Notwithstanding other provisions of this Section, the
Commission retains its existing authority to enforce the
provisions, conditions, and requirements of the following
Sections of this Article: 13-101, 13-103, 13-201, 13-301,
13-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304,

HB4634 - 27 - LRB103 36124 LNS 66215 b
13-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1,
13-404.2, 13-405, 13-406, 13-501, 13-501.5, 13-503, 13-505,
13-509, 13-510, 13-512, 13-513, 13-514, 13-515, 13-516,
13-519, 13-702, 13-703, 13-704, 13-705, 13-706, 13-707,
13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 13-900.1,
13-900.2, 13-901, 13-902, and 13-903, which are fully and
equally applicable to Electing Providers and to
telecommunications carriers providing retail
telecommunications service classified as competitive pursuant
to Section 13-502 or subdivision (c)(5) of this Section
subject to the provisions of this Section. On the effective
date of this amendatory Act of the 98th General Assembly, the
following Sections of this Article shall cease to apply to
Electing Providers and to telecommunications carriers
providing retail telecommunications service classified as
competitive pursuant to Section 13-502 or subdivision (c)(5)
of this Section: 13-302, 13-405.1, 13-502, 13-502.5, 13-504,
13-505.2, 13-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1,
13-507, 13-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601,
13-701, and 13-712.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17;
100-840, eff. 8-13-18.)