HB3917ham001 100TH GENERAL ASSEMBLY

Rep. Theresa Mah

Filed: 3/24/2017

10000HB3917ham001 LRB100 11054 RJF 24257 a

AMENDMENT TO HOUSE BILL 3917

AMENDMENT NO. ______. Amend House Bill 3917 by replacing everything after the enacting clause with the following:

"Section 5. The Public Utilities Act is amended by changing Sections 13-503, 13-505, 13-505.4, and 13-1200 as follows:

(220 ILCS 5/13-503) (from Ch. 111 2/3, par. 13-503)

(Section scheduled to be repealed on July 1, 2017)

Sec. 13-503. Information available to the public. With respect to rates or other charges made, demanded, or received for any telecommunications service offered, provided, or to be provided, that is subject to subsection (a) of Section 13-501 of this Act, telecommunications carriers shall comply with the publication and filing provisions of Sections 9-101, 9-102, 9-102.1, and 9-201 of this Act. Except for the provision of services offered or provided by payphone providers pursuant to a tariff, telecommunications carriers shall make all tariffs and all written service offerings for competitive telecommunications service available electronically to the public without requiring a password or other means of registration. A telecommunications carrier's website shall, if applicable, provide in a conspicuous manner information on the rates, charges, terms, and conditions of competitive and noncompetitive service available, and a toll-free telephone number that may be used to contact an agent for assistance with obtaining rate or other charge information or the terms and conditions of service. The website shall also provide information on a variety of plans the telecommunications carrier offers, and an evaluation of which telecommunications tariffs and written service offerings for competitive telecommunications service are the most appropriate and cost efficient for each customer based upon each customer's individually stated needs, wants, and prior telecommunications use. Such information shall also be conspicuously provided along with each billing statement for each customer in the same manner as the billing statement is provided, or, in the absence of such information, instructions on how to obtain the information from the telecommunications carrier's website. Telecommunications carriers shall keep record of who has contacted the carrier about rates and packages. If a customer has not contacted a carrier at least once before November 1 of each year to discuss rates and packages, the carrier will send to the customer, in the same manner as the customer's billing statement, an invitation to discuss such details. Notices will be sent in a least one more additional instance than the customer's bill is sent.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-505) (from Ch. 111 2/3, par. 13-505)

(Section scheduled to be repealed on July 1, 2017)

Sec. 13-505. Rate changes; competitive services. Any proposed increase or decrease in rates or charges, or proposed change in any classification, written service offering, or tariff resulting in an increase or decrease in rates or charges, for a competitive telecommunications service shall be permitted upon the filing with the Commission or posting on the telecommunications carrier's website of the proposed rate, charge, classification, written service offering, or tariff pursuant to Section 13-501 of this Act. Notice of an increase shall be given, no later than the prior billing cycle, to all potentially affected customers by mail or equivalent means of notice, including electronic if the customer has elected electronic billing. Notice of an increase shall be delivered separate and apart from the customer's monthly bill. In the notice of an increase, the customer shall also be instructed to contact the carrier and ask for the "Retention Department" in order to discuss and negotiate his or her bill. Additional notice by publication in a newspaper of general circulation may also be given.

(Source: P.A. 98-45, eff. 6-28-13.)

(220 ILCS 5/13-505.4) (from Ch. 111 2/3, par. 13-505.4)

(Section scheduled to be repealed on July 1, 2017)

Sec. 13-505.4. Provision of noncompetitive services.

(a) A telecommunications carrier that offers or provides a noncompetitive service, service element, feature, or functionality on a separate, stand-alone basis to any customer shall provide that service, service element, feature, or functionality pursuant to tariff to all persons, including all telecommunications carriers and competitors, in accordance with the provisions of this Article.

(b) A telecommunications carrier that offers or provides a noncompetitive service, service element, feature, or functionality to any customer as part of an offering of competitive services pursuant to tariff or contract shall publicly disclose the offering or provisioning of the noncompetitive service, service element, feature, or functionality by filing with the Commission information that generally describes the offering or provisioning and that shows the rates, terms, and conditions of the noncompetitive service, service element, feature, or functionality. The information shall be filed with the Commission concurrently with the filing of the tariff or not more than 10 days following the customer's acceptance of the offering in a contract. Information under this subsection (b) shall be provided to customers in the same manner as information is provided for competitive telecommunications services under Section 13-503 of this Act.

(c) A telecommunications carrier that is not subject to regulation under an alternative regulation plan pursuant to Section 13-506.1 of this Act may reduce the rate or charge for a noncompetitive service, service element, feature, or functionality offered to customers on a separate, stand-alone basis or as part of a bundled service offering by filing with the Commission a tariff that shows the reduced rate or charge and all applicable terms and conditions of the noncompetitive service, service element, feature, or functionality or bundled offering. The reduction of rates or charges shall be permitted upon the filing of the proposed rate, charge, classification, tariff, or bundled offering. The total price of a bundled offering shall not attribute any portion of the charge to services subject to the jurisdiction of the Commission and shall not be binding on the Commission in any proceeding under Article IX of this Act to set the revenue requirement or to set just and reasonable rates for services subject to the jurisdiction of the Commission. Prices for bundles shall not be subject to Section 13-505.1 of this Act. For purposes of this subsection (c), a bundle is a group of services offered together for a fixed price where at least one of the services is an interLATA service as that term is defined in 47 U.S.C. 153(21), a cable service or a video service, a community antenna television service, a satellite broadcast service, a public mobile service as defined in Section 13-214 of this Act, or an advanced telecommunications service as "advanced telecommunications services" is defined in Section 13-517 of this Act.

(Source: P.A. 95-9, eff. 6-30-07.)

(220 ILCS 5/13-1200)

(Section scheduled to be repealed on July 1, 2017)

Sec. 13-1200. Repealer. This Article is repealed July 1, 2020 2017.

(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)".