SB3131sam004 100TH GENERAL ASSEMBLY

Sen. Sue Rezin

Filed: 4/20/2018

10000SB3131sam004 LRB100 19958 SMS 38720 a

AMENDMENT TO SENATE BILL 3131

AMENDMENT NO. ______. Amend Senate Bill 3131 on page 5, line 18, after "10-204,", by inserting "13-401.1,"; and

on page 122, immediately below line 3, by inserting the following:

"(220 ILCS 5/13-401.1)

(Section scheduled to be repealed on December 31, 2020)

Sec. 13-401.1. Interconnected voice over Internet protocol (VoIP) service surcharge provider registration.

(a) An Interconnected VoIP provider providing fixed or non-nomadic service in Illinois on December 1, 2010 shall register with the Commission no later than January 1, 2011. All other Interconnected VoIP providers providing fixed or non-nomadic service in Illinois shall register with the Commission at least 30 days before providing service in Illinois. The Commission shall prescribe a registration form no later than October 1, 2010. The registration form prescribed by the Commission shall only require the following information:

(1) the provider's legal name and any name under which the provider does or will do business in Illinois, as authorized by the Secretary of State;

(2) the provider's address and telephone number, along with contact information for the person responsible for ongoing communications with the Commission;

(3) a description of the provider's dispute resolution process and, if any, the telephone number to initiate the dispute resolution process; and

(4) a description of each exchange of a local exchange company, in whole or in part, or the cities, towns, or geographic areas, in whole or in part, in which the provider is offering or proposes to offer Interconnected VoIP service.

A provider must notify the Commission of any change in the information identified in paragraphs (1), (2), (3), or (4) of this subsection (a) within 5 business days after any such change.

An interconnected voice over Internet protocol (b) A provider shall charge and collect from its end-user customers, and remit to the appropriate authority, fees and surcharges in the same manner as are charged and collected upon end-user customers of local exchange telecommunications service and remitted by local exchange telecommunications companies for local enhanced 9-1-1 surcharges.

(c) A provider may designate information that it submits in its registration form or subsequent reports as confidential or proprietary, provided that the provider 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 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 provider. 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. Information designated as 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.

(d) Notwithstanding any other provision of law to the contrary, the Commission shall have the authority, after notice and hearing, to revoke or suspend the registration of any provider that fails to comply with the requirements of this Section.

(e) The provisions of this Section are severable under Section 1.31 of the Statute on Statutes.

(Source: P.A. 100-20, eff. 7-1-17.)".