Section 705.5  Applicability

 

This Part applies to all telecommunications carriers subject to regulation by the Illinois Commerce Commission  (Commission) under the provisions of Article XIII of the Public Utilities Act [220 ILCS 5/Art. XIII].

 

(Source:  Added at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.10  Scope of This Part

 

a)         This Part applies to all books of account and other records prepared by or on behalf of a telecommunications carrier. 

 

b)         This Part shall not be construed as excusing compliance with any other lawful requirement for the preservation of records for periods longer than those prescribed in this Part.

 

c)         This Part shall not be construed as requiring the preparation of accounts, records or memoranda not required to be prepared by other Parts, such as the Uniform System of Accounts, prescribed by the Illinois Commerce Commission (83 Ill. Adm. Code 415, 505, 605 and 710 – General Orders 179, 180, 183 and 199).

 

(Source:  Amended at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.20  Designation of Supervisory Official

 

Each telecommunications carrier subject to this Part shall designate one or more persons with official responsibility to supervise the telecommunications carrier's program for the preservation and the authorized destruction of its records.

 

(Source:  Amended at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.30  Protection and Storage of Records

 

The telecommunications carrier shall:

 

a)         provide reasonable protection for records using any form of recordable media subject to this Part from damage by fires, floods and other hazards; and

 

b)         in the selection of storage spaces, safeguard the records from unnecessary exposure to deterioration from excessive humidity, dryness or lack of proper ventilation.

 

(Source:  Amended at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.40  Preservation of Records

 

a)         Each telecommunications carrier subject to this Part shall keep a plan of its record management and retention policy at its principal place of business, which shall be readily identified and made available to representatives of the Illinois Commerce Commission. The Commission shall reserve the right to add records to the telecommunications carrier's retention policy or change retention periods through further amendment to this Part if, upon review, the records or retention periods are found to be insufficient for the Commission's purposes.

 

b)         All records required to be preserved in accordance with the telecommunications carrier's record management and retention policies shall be so arranged by the telecommunications carrier that they may readily be identified and made available to representatives of the Illinois Commerce Commission.

 

c)         Each telecommunications carrier subject to this Part shall keep, as part of its record management and retention policy, all records necessary to demonstrate the telecommunications carrier's compliance with the Act. All such records shall be retained for a period of not less than two years. Each telecommunications carrier also shall keep, as part of its record management and retention policy, the following records for the specified retention periods.

 

1)         Minute books of shareholders' meetings, Board of Directors' meetings, and Board of Directors' committee meetings shall be retained permanently.

 

2)         Supporting documentation for all reports provided to the Commission pursuant to statute, rule or Commission order shall be retained for a minimum period of 6 years.

 

(Source:  Amended at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.50  Preservation of Records on Microfilm (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.60  Destruction of Records

 

The destruction of records permitted to be destroyed under this Part may be performed in any manner elected by the telecommunications carrier concerned.  Precautions should be taken, however, to macerate or otherwise destroy the legibility of records, the content of which is forbidden by law to be divulged to unauthorized persons.

 

(Source:  Amended at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.70  Premature Destruction or Loss of Records

 

When any records are destroyed before the expiration of the prescribed period of retention, a certified statement listing, as far as may be determined, the records destroyed and describing the circumstances of accidental or other premature destruction shall be filed with the Illinois Commerce Commission within ninety (90) days from the date of discovery of such destruction. Discovery of loss of records is to be treated in the same manner as in the case of premature destruction.

 

Section 705.80  Retention Periods Designated "Destroy at Option" (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.90  Schedule of Records and Periods of Retention (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 18159, effective August 15, 2014)

 

Section 705.100  "Commission" (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 18159, effective August 15, 2014)

Section 705.APPENDIX A   Schedule of Records and Periods of Retention (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 18159, effective August 15, 2014)