Bill Text: IL SB3777 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Public Utilities Act. Extends the repeal date of the Cable and Video Competition Law of 2007 from December 31, 2020 to December 31, 2025. Extends the expiration date of Illinois Commerce Commission authorizations to provide cable and video services from December 31, 2023 to December 31, 2028. Extends the repeal date of the Universal Telephone Service Protection Law of 1985 from December 31, 2020 to December 31, 2025. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3777 Detail]

Download: Illinois-2019-SB3777-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3777 Introduced 2/14/2020, by Sen. Bill Cunningham SYNOPSIS AS INTRODUCED:
220 ILCS 5/13-1200
220 ILCS 5/21-401
220 ILCS 5/21-1601
Amends the Public Utilities Act. Extends the repeal date of the Cable and Video Competition Law of 2007 from December 31, 2020 to December 31, 2025. Extends the expiration date of Illinois Commerce Commission authorizations to provide cable and video services from December 31, 2023 to December 31, 2028. Extends the repeal date of the Universal Telephone Service Protection Law of 1985 from December 31, 2020 to December 31, 2025. Effective immediately.
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A BILL FOR
SB3777 LRB101 15180 SPS 64336 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 13-1200 as follows:
(220 ILCS 5/13-1200)
(Section scheduled to be repealed on December 31, 2020)
Sec. 13-1200. Repealer. This Article is repealed December
31, 2025 2020.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
Section 10. The Public Utilities Act is amended by changing
Sections 21-401 and 21-1601 as follows:
(220 ILCS 5/21-401)
(Section scheduled to be repealed on December 31, 2020)
Sec. 21-401. Applications.
(a)(1) A person or entity seeking to provide cable service
or video service pursuant to this Article shall not use the
public rights-of-way for the installation or construction of
facilities for the provision of cable service or video service
or offer cable service or video service until it has obtained a
State-issued authorization to offer or provide cable or video

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service under this Section, except as provided for in item (2)
of this subsection (a). All cable or video providers offering
or providing service in this State shall have authorization
pursuant to either (i) the Cable and Video Competition Law of
2007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the
Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section
5-1095 of the Counties Code (55 ILCS 5/5-1095).
(2) Nothing in this Section shall prohibit a local unit of
government from granting a permit to a person or entity for the
use of the public rights-of-way to install or construct
facilities to provide cable service or video service, at its
sole discretion. No unit of local government shall be liable
for denial or delay of a permit prior to the issuance of a
State-issued authorization.
(b) The application to the Commission for State-issued
authorization shall contain a completed affidavit submitted by
the applicant and signed by an officer or general partner of
the applicant affirming all of the following:
(1) That the applicant has filed or will timely file
with the Federal Communications Commission all forms
required by that agency in advance of offering cable
service or video service in this State.
(2) That the applicant agrees to comply with all
applicable federal and State statutes and regulations.
(3) That the applicant agrees to comply with all
applicable local unit of government regulations.

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(4) An exact description of the cable service or video
service area where the cable service or video service will
be offered during the term of the State-issued
authorization. The service area shall be identified in
terms of either (i) exchanges, as that term is defined in
Section 13-206 of this Act; (ii) a collection of United
States Census Bureau Block numbers (13 digit); (iii) if the
area is smaller than the areas identified in either (i) or
(ii), by geographic information system digital boundaries
meeting or exceeding national map accuracy standards; or
(iv) local unit of government. The description shall
include the number of low-income households within the
service area or footprint. If an applicant is an incumbent
cable operator, the incumbent cable operator and any
successor-in-interest shall be obligated to provide access
to cable services or video services within any local units
of government at the same levels required by the local
franchising authorities for the local unit of government on
June 30, 2007 (the effective date of Public Act 95-9), and
its application shall provide a description of an area no
smaller than the service areas contained in its franchise
or franchises within the jurisdiction of the local unit of
government in which it seeks to offer cable or video
service.
(5) The location and telephone number of the
applicant's principal place of business within this State

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and the names of the applicant's principal executive
officers who are responsible for communications concerning
the application and the services to be offered pursuant to
the application, the applicant's legal name, and any name
or names under which the applicant does or will provide
cable services or video services in this State.
(6) A certification that the applicant has
concurrently delivered a copy of the application to all
local units of government that include all or any part of
the service area identified in item (4) of this subsection
(b) within such local unit of government's jurisdictional
boundaries.
(7) The expected date that cable service or video
service will be initially offered in the area identified in
item (4) of this subsection (b). In the event that a holder
does not offer cable services or video services within 3
months after the expected date, it shall amend its
application and update the expected date service will be
offered and explain the delay in offering cable services or
video services.
(8) For any entity that received State-issued
authorization prior to this amendatory Act of the 98th
General Assembly as a cable operator and that intends to
proceed as a cable operator under this Article, the entity
shall file a written affidavit with the Commission and
shall serve a copy of the affidavit with any local units of

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government affected by the authorization within 30 days
after the effective date of this amendatory Act of the 98th
General Assembly stating that the holder will be providing
cable service under the State-issued authorization.
The application shall include adequate assurance that the
applicant possesses the financial, managerial, legal, and
technical qualifications necessary to construct and operate
the proposed system, to promptly repair any damage to the
public right-of-way caused by the applicant, and to pay the
cost of removal of its facilities. To accomplish these
requirements, the applicant may, at the time the applicant
seeks to use the public rights-of-way in that jurisdiction, be
required by the State of Illinois or later be required by the
local unit of government, or both, to post a bond, produce a
certificate of insurance, or otherwise demonstrate its
financial responsibility.
The application shall include the applicant's general
standards related to customer service required by Section
22-501 of this Act, which shall include, but not be limited to,
installation, disconnection, service and repair obligations;
appointment hours; employee ID requirements; customer service
telephone numbers and hours; procedures for billing, charges,
deposits, refunds, and credits; procedures for termination of
service; notice of deletion of programming service and changes
related to transmission of programming or changes or increases
in rates; use and availability of parental control or lock-out

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devices; complaint procedures and procedures for bill dispute
resolution and a description of the rights and remedies
available to consumers if the holder does not materially meet
their customer service standards; and special services for
customers with visual, hearing, or mobility disabilities.
(c)(1) The applicant may designate information that it
submits in its application or subsequent reports as
confidential or proprietary, provided that the applicant
states the reasons the confidential designation is necessary.
The Commission shall provide adequate protection for such
information pursuant to Section 4-404 of this Act. If the
Commission, a local unit of government, or any other party
seeks public disclosure of information designated as
confidential, the Commission shall consider the confidential
designation in a proceeding under the Illinois Administrative
Procedure Act, and the burden of proof to demonstrate that the
designated information is confidential shall be upon the
applicant. Designated information shall remain confidential
pending the Commission's determination of whether the
information is entitled to confidential treatment. Information
designated as confidential shall be provided to local units of
government for purposes of assessing compliance with this
Article as permitted under a Protective Order issued by the
Commission pursuant to the Commission's rules and to the
Attorney General pursuant to Section 6.5 of the Attorney
General Act (15 ILCS 205/6.5). Information designated as

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confidential under this Section or determined to be
confidential upon Commission review shall only be disclosed
pursuant to a valid and enforceable subpoena or court order or
as required by the Freedom of Information Act. Nothing herein
shall delay the application approval timeframes set forth in
this Article.
(2) Information regarding the location of video services
that have been or are being offered to the public and aggregate
information included in the reports required by this Article
shall not be designated or treated as confidential.
(d)(1) The Commission shall post all applications it
receives under this Article on its web site within 5 business
days.
(2) The Commission shall notify an applicant for a cable
service or video service authorization whether the applicant's
application and affidavit are complete on or before the 15th
business day after the applicant submits the application. If
the application and affidavit are not complete, the Commission
shall state in its notice all of the reasons the application or
affidavit are incomplete, and the applicant shall resubmit a
complete application. The Commission shall have 30 days after
submission by the applicant of a complete application and
affidavit to issue the service authorization. If the Commission
does not notify the applicant regarding the completeness of the
application and affidavit or issue the service authorization
within the time periods required under this subsection, the

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application and affidavit shall be considered complete and the
service authorization issued upon the expiration of the 30th
day.
(e) Any authorization issued by the Commission will expire
on December 31, 2028 2023 and shall contain or include all of
the following:
(1) A grant of authority, including an authorization
issued prior to this amendatory Act of the 98th General
Assembly, to provide cable service or video service in the
service area footprint as requested in the application,
subject to the provisions of this Article in existence on
the date the grant of authority was issued, and any
modifications to this Article enacted at any time prior to
the date in Section 21-1601 of this Act, and to the laws of
the State and the ordinances, rules, and regulations of the
local units of government.
(2) A grant of authority to use, occupy, and construct
facilities in the public rights-of-way for the delivery of
cable service or video service in the service area
footprint, subject to the laws, ordinances, rules, or
regulations of this State and local units of governments.
(3) A statement that the grant of authority is subject
to lawful operation of the cable service or video service
by the applicant, its affiliated entities, or its
successors-in-interest.
(e-5) The Commission shall notify a local unit of

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government within 3 business days of the grant of any
authorization within a service area footprint if that
authorization includes any part of the local unit of
government's jurisdictional boundaries and state whether the
holder will be providing video service or cable service under
the authorization.
(f) The authorization issued pursuant to this Section by
the Commission may be transferred to any successor-in-interest
to the applicant to which it is initially granted without
further Commission action if the successor-in-interest (i)
submits an application and the information required by
subsection (b) of this Section for the successor-in-interest
and (ii) is not in violation of this Article or of any federal,
State, or local law, ordinance, rule, or regulation. A
successor-in-interest shall file its application and notice of
transfer with the Commission and the relevant local units of
government no less than 15 business days prior to the
completion of the transfer. The Commission is not required or
authorized to act upon the notice of transfer; however, the
transfer is not effective until the Commission approves the
successor-in-interest's application. A local unit of
government or the Attorney General may seek to bar a transfer
of ownership by filing suit in a court of competent
jurisdiction predicated on the existence of a material and
continuing breach of this Article by the holder, a pattern of
noncompliance with customer service standards by the potential

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successor-in-interest, or the insolvency of the potential
successor-in-interest. If a transfer is made when there are
violations of this Article or of any federal, State, or local
law, ordinance, rule, or regulation, the successor-in-interest
shall be subject to 3 times the penalties provided for in this
Article.
(g) The authorization issued pursuant to this Section by
the Commission may be terminated, or its cable service or video
service area footprint may be modified, by the cable service
provider or video service provider by submitting notice to the
Commission and to the relevant local unit of government
containing a description of the change on the same terms as the
initial description pursuant to item (4) of subsection (b) of
this Section. The Commission is not required or authorized to
act upon that notice. It shall be a violation of this Article
for a holder to discriminate against potential residential
subscribers because of the race or income of the residents in
the local area in which the group resides by terminating or
modifying its cable service or video service area footprint. It
shall be a violation of this Article for a holder to terminate
or modify its cable service or video service area footprint if
it leaves an area with no cable service or video service from
any provider.
(h) The Commission's authority to administer this Article
is limited to the powers and duties explicitly provided under
this Article. Its authority under this Article does not include

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or limit the powers and duties that the Commission has under
the other Articles of this Act, the Illinois Administrative
Procedure Act, or any other law or regulation to conduct
proceedings, other than as provided in subsection (c), or has
to promulgate rules or regulations. The Commission shall not
have the authority to limit or expand the obligations and
requirements provided in this Section or to regulate or control
a person or entity to the extent that person or entity is
providing cable service or video service, except as provided in
this Article.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
(220 ILCS 5/21-1601)
(Section scheduled to be repealed on December 31, 2020)
Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of
this Article are repealed December 31, 2025 2020.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
Section 99. Effective date. This Act takes effect upon
becoming law.