Rep. Brandon W. Phelps
Filed: 5/30/2017
 
 


 




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1
AMENDMENT TO SENATE BILL 1839




2 AMENDMENT NO. ______. Amend Senate Bill 1839, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 3. The Freedom of Information Act is amended by 
6changing Section 7.5 as follows:

7 (5 ILCS 140/7.5)
8 Sec. 7.5. Statutory exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be exempt 
10from inspection and copying:
11  (a) All information determined to be confidential 
12 under Section 4002 of the Technology Advancement and 
13 Development Act.
14  (b) Library circulation and order records identifying 
15 library users with specific materials under the Library 
16 Records Confidentiality Act.
 
 
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1  (c) Applications, related documents, and medical 
2 records received by the Experimental Organ Transplantation 
3 Procedures Board and any and all documents or other records 
4 prepared by the Experimental Organ Transplantation 
5 Procedures Board or its staff relating to applications it 
6 has received.
7  (d) Information and records held by the Department of 
8 Public Health and its authorized representatives relating 
9 to known or suspected cases of sexually transmissible 
10 disease or any information the disclosure of which is 
11 restricted under the Illinois Sexually Transmissible 
12 Disease Control Act.
13  (e) Information the disclosure of which is exempted 
14 under Section 30 of the Radon Industry Licensing Act.
15  (f) Firm performance evaluations under Section 55 of 
16 the Architectural, Engineering, and Land Surveying 
17 Qualifications Based Selection Act.
18  (g) Information the disclosure of which is restricted 
19 and exempted under Section 50 of the Illinois Prepaid 
20 Tuition Act.
21  (h) Information the disclosure of which is exempted 
22 under the State Officials and Employees Ethics Act, and 
23 records of any lawfully created State or local inspector 
24 general's office that would be exempt if created or 
25 obtained by an Executive Inspector General's office under 
26 that Act.
 
 
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1  (i) Information contained in a local emergency energy 
2 plan submitted to a municipality in accordance with a local 
3 emergency energy plan ordinance that is adopted under 
4 Section 11-21.5-5 of the Illinois Municipal Code.
5  (j) Information and data concerning the distribution 
6 of surcharge moneys collected and remitted by wireless 
7 carriers under the Wireless Emergency Telephone System 
8 Safety Act.
9  (k) Law enforcement officer identification information 
10 or driver identification information compiled by a law 
11 enforcement agency or the Department of Transportation 
12 under Section 11-212 of the Illinois Vehicle Code.
13  (l) Records and information provided to a residential 
14 health care facility resident sexual assault and death 
15 review team or the Executive Council under the Abuse 
16 Prevention Review Team Act.
17  (m) Information provided to the predatory lending 
18 database created pursuant to Article 3 of the Residential 
19 Real Property Disclosure Act, except to the extent 
20 authorized under that Article.
21  (n) Defense budgets and petitions for certification of 
22 compensation and expenses for court appointed trial 
23 counsel as provided under Sections 10 and 15 of the Capital 
24 Crimes Litigation Act. This subsection (n) shall apply 
25 until the conclusion of the trial of the case, even if the 
26 prosecution chooses not to pursue the death penalty prior 
 
 
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1 to trial or sentencing.
2  (o) Information that is prohibited from being 
3 disclosed under Section 4 of the Illinois Health and 
4 Hazardous Substances Registry Act.
5  (p) Security portions of system safety program plans, 
6 investigation reports, surveys, schedules, lists, data, or 
7 information compiled, collected, or prepared by or for the 
8 Regional Transportation Authority under Section 2.11 of 
9 the Regional Transportation Authority Act or the St. Clair 
10 County Transit District under the Bi-State Transit Safety 
11 Act. 
12  (q) Information prohibited from being disclosed by the 
13 Personnel Records Review Act. 
14  (r) Information prohibited from being disclosed by the 
15 Illinois School Student Records Act. 
16  (s) Information the disclosure of which is restricted 
17 under Section 5-108 of the Public Utilities Act. 

18  (t) All identified or deidentified health information 
19 in the form of health data or medical records contained in, 
20 stored in, submitted to, transferred by, or released from 
21 the Illinois Health Information Exchange, and identified 
22 or deidentified health information in the form of health 
23 data and medical records of the Illinois Health Information 
24 Exchange in the possession of the Illinois Health 
25 Information Exchange Authority due to its administration 
26 of the Illinois Health Information Exchange. The terms 
 
 
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1 "identified" and "deidentified" shall be given the same 
2 meaning as in the Health Insurance Portability and 
3 Accountability Act of 1996, Public Law 104-191, or any 
4 subsequent amendments thereto, and any regulations 
5 promulgated thereunder. 
6  (u) Records and information provided to an independent 
7 team of experts under Brian's Law. 
8  (v) Names and information of people who have applied 
9 for or received Firearm Owner's Identification Cards under 
10 the Firearm Owners Identification Card Act or applied for 
11 or received a concealed carry license under the Firearm 
12 Concealed Carry Act, unless otherwise authorized by the 
13 Firearm Concealed Carry Act; and databases under the 
14 Firearm Concealed Carry Act, records of the Concealed Carry 
15 Licensing Review Board under the Firearm Concealed Carry 
16 Act, and law enforcement agency objections under the 
17 Firearm Concealed Carry Act. 
18  (w) Personally identifiable information which is 
19 exempted from disclosure under subsection (g) of Section 
20 19.1 of the Toll Highway Act.
21  (x) Information which is exempted from disclosure 
22 under Section 5-1014.3 of the Counties Code or Section 
23 8-11-21 of the Illinois Municipal Code. 
24  (y) Confidential information under the Adult 
25 Protective Services Act and its predecessor enabling 
26 statute, the Elder Abuse and Neglect Act, including 
 
 
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1 information about the identity and administrative finding 
2 against any caregiver of a verified and substantiated 
3 decision of abuse, neglect, or financial exploitation of an 
4 eligible adult maintained in the Registry established 
5 under Section 7.5 of the Adult Protective Services Act. 
6  (z) Records and information provided to a fatality 
7 review team or the Illinois Fatality Review Team Advisory 
8 Council under Section 15 of the Adult Protective Services 
9 Act. 
10  (aa) Information which is exempted from disclosure 
11 under Section 2.37 of the Wildlife Code. 
12  (bb) Information which is or was prohibited from 
13 disclosure by the Juvenile Court Act of 1987. 
14  (cc) Recordings made under the Law Enforcement 
15 Officer-Worn Body Camera Act, except to the extent 
16 authorized under that Act.
17  (dd) Information that is prohibited from being 
18 disclosed under Section 45 of the Condominium and Common 
19 Interest Community Ombudsperson Act. 
20  (ee) (dd) Information that is exempted from disclosure 
21 under Section 30.1 of the Pharmacy Practice Act. 
22(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, 
23eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; 
2499-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; 
2599-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. 
268-19-16; revised 9-1-16.)

 
 
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1 Section 5. The Department of State Police Law of the
Civil 
2Administrative Code of Illinois is amended by changing Sections 
32605-52 and 2605-475 as follows:

4 (20 ILCS 2605/2605-52)
5 Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
6 (a) There shall be established an Office of the Statewide 
79-1-1 Administrator within the Department. Beginning January 
81, 2016, the Office of the Statewide 9-1-1 Administrator shall 
9be responsible for developing, implementing, and overseeing a 
10uniform statewide 9-1-1 system for all areas of the State 
11outside of municipalities having a population over 500,000.
12 (b) The Governor shall appoint, with the advice and consent 
13of the Senate, a Statewide 9-1-1 Administrator. The 
14Administrator shall serve for a term of 2 years, and until a 
15successor is appointed and qualified; except that the term of 
16the first 9-1-1 Administrator appointed under this Act shall 
17expire on the third Monday in January, 2017. The Administrator 
18shall not hold any other remunerative public office. The 
19Administrator shall receive an annual salary as set by the 
20Governor. 

21 (c) The Department, from appropriations made to it for that 
22purpose, shall make grants to 9-1-1 Authorities for the purpose 
23of defraying costs associated with 9-1-1 system consolidations 
24awarded by the Administrator under Section 15.4b of the 
 
 
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1Emergency Telephone System Act. 
2(Source: P.A. 99-6, eff. 6-29-15.)




3 (20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)



4 Sec. 2605-475. Wireless Emergency Telephone System Safety 
5Act. The Department and Statewide 9-1-1 Administrator shall To 
6exercise the powers and perform the duties specifically 
7assigned to each
the Department under the Wireless Emergency 
8Telephone System Safety Act with respect
to the development and 
9improvement of emergency communications procedures and

10facilities in such a manner as to facilitate a quick response 
11to any person
calling the number "9-1-1" seeking police, fire, 
12medical, or other emergency
services through a wireless carrier 
13as defined in Section 10 of the Wireless
Emergency Telephone 
14Safety Act. Nothing in the Wireless Emergency Telephone System

15Safety Act shall require the Department of Illinois State 
16Police to provide
wireless enhanced 9-1-1 services.

17(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)


18 Section 10. The State Finance Act is amended by changing 
19Section 8.37 as follows:




20 (30 ILCS 105/8.37)



21 Sec. 8.37. State Police Wireless Service Emergency Fund. 

22 (a) The State Police Wireless Service Emergency Fund is 
23created as
a special fund in the State Treasury.

 
 
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1 (b) Grants or surcharge funds allocated to the Department 
2of State Police from the Statewide 9-1-1 Wireless Service

3Emergency Fund shall be deposited into the State Police 
4Wireless Service
Emergency Fund and shall be used in accordance 
5with Section 30 20 of the Wireless
Emergency Telephone System 
6Safety Act.

7 (c) On July 1, 1999, the State Comptroller and State 
8Treasurer shall
transfer $1,300,000 from the General Revenue 
9Fund to the State Police Wireless
Service Emergency Fund. On 
10June 30, 2003 the State Comptroller and State
Treasurer shall 
11transfer $1,300,000 from the State Police Wireless Service

12Emergency Fund to the General Revenue Fund.

13(Source: P.A. 91-660, eff. 12-22-99; 92-16, eff. 6-28-01.)


14 Section 15. The Emergency Telephone System Act is amended 
15by changing Sections 2, 8, 10, 10.3, 12, 14, 15.2a, 15.3, 
1615.3a, 15.4, 15.4a, 15.4b, 15.6a, 19, 20, 30, 35, 40, 55, and 
1799 and by adding Section 17.5 as follows:



18 (50 ILCS 750/2) (from Ch. 134, par. 32)



19 (Section scheduled to be repealed on July 1, 2017)
20 Sec. 2. Definitions. As used in this Act, unless the 
21context otherwise requires: 
22 "9-1-1 network" means the network used for the delivery of 
239-1-1 calls and messages over dedicated and redundant 
24facilities to a primary or back up 9-1-1 PSAP that meets P.01 
 
 
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1grade of service standards for basic 9-1-1 and enhanced 9-1-1 
2services or meets national I3 industry call delivery standards 
3for Next Generation 9-1-1 services. 
4 "9-1-1 system" means the geographic area that has been 
5granted an order of authority by the Commission or the 
6Statewide 9-1-1 Administrator to use "9-1-1" as the primary 
7emergency telephone number. 
8 "9-1-1 Authority" includes an Emergency Telephone System 
9Board, Joint Emergency Telephone System Board, and a qualified 
10governmental entity. "9-1-1 Authority" includes the Department 
11of State Police only to the extent it provides 9-1-1 services 
12under this Act.
13 "Administrator" means the Statewide 9-1-1 Administrator.
14 "Advanced service" means any telecommunications service 
15with or without dynamic bandwidth allocation, including, but 
16not limited to, ISDN Primary Rate Interface (PRI), that, 
17through the use of a DS-1, T-1, or other similar un-channelized 
18or multi-channel transmission facility, is capable of 
19transporting either the subscriber's inter-premises voice 
20telecommunications services to the public switched network or 
21the subscriber's 9-1-1 calls to the public agency.
22 "ALI" or "automatic location identification" means, in an 
23E9-1-1 system, the automatic display at the public safety 
24answering point of the caller's telephone number, the address 
25or location of the telephone, and supplementary emergency 
26services information.
 
 
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1 "ANI" or "automatic number identification" means the 
2automatic display of the 9-1-1 calling party's number on the 
3PSAP monitor.
4 "Automatic alarm" and "automatic alerting device" mean any 
5device that will access the 9-1-1 system for emergency services 
6upon activation.
7 "Backup PSAP" means a public safety answering point that 
8serves as an alternate to the PSAP for enhanced systems and is 
9at a different location and operates independently from the 
10PSAP. A backup PSAP may accept overflow calls from the PSAP or 
11be activated if the primary PSAP is disabled. 
12 "Board" means an Emergency Telephone System Board or a 
13Joint Emergency Telephone System Board created pursuant to 
14Section 15.4.
15 "Carrier" includes a telecommunications carrier and a 
16wireless carrier.
17 "Commission" means the Illinois Commerce Commission.
18 "Computer aided dispatch" or "CAD" means a computer-based 
19system that aids PSAP telecommunicators by automating selected 
20dispatching and record keeping activities database maintained 
21by the public safety agency or public safety answering point 
22used in conjunction with 9-1-1 caller data.
23 "Direct dispatch method" means a 9-1-1 service that 
24provides for the direct dispatch by a PSAP telecommunicator of 
25the appropriate unit upon receipt of an emergency call and the 
26decision as to the proper action to be taken.
 
 
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1 "Department" means the Department of State Police.
2 "DS-1, T-1, or similar un-channelized or multi-channel 
3transmission facility" means a facility that can transmit and 
4receive a bit rate of at least 1.544 megabits per second 
5(Mbps).
6 "Dynamic bandwidth allocation" means the ability of the 
7facility or customer to drop and add channels, or adjust 
8bandwidth, when needed in real time for voice or data purposes.
9 "Enhanced 9-1-1" or "E9-1-1" means a an emergency telephone 
10system that includes dedicated network switching, database and 
11PSAP premise elements capable of providing automatic location 
12identification data, selective routing, database, ALI, ANI, 
13selective transfer, fixed transfer, and a call back number, 
14including any enhanced 9-1-1 service so designated by the 
15Federal Communications Commission in its report and order in WC 
16Dockets Nos. 04-36 and 05-196, or any successor proceeding. 
17 "ETSB" means an emergency telephone system board appointed 
18by the corporate authorities of any county or municipality that 
19provides for the management and operation of a 9-1-1 system.
20 "Hearing-impaired individual" means a person with a 
21permanent hearing loss who can regularly and routinely 
22communicate by telephone only through the aid of devices which 
23can send and receive written messages over the telephone 
24network.
25 "Hosted supplemental 9-1-1 service" means a database 
26service that:
 
 
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1  (1) electronically provides information to 9-1-1 call 
2 takers when a call is placed to 9-1-1;
3  (2) allows telephone subscribers to provide 
4 information to 9-1-1 to be used in emergency scenarios;
5  (3) collects a variety of formatted data relevant to 
6 9-1-1 and first responder needs, which may include, but is 
7 not limited to, photographs of the telephone subscribers, 
8 physical descriptions, medical information, household 
9 data, and emergency contacts;
10  (4) allows for information to be entered by telephone 
11 subscribers through a secure website where they can elect 
12 to provide as little or as much information as they choose;
13  (5) automatically displays data provided by telephone 
14 subscribers to 9-1-1 call takers for all types of 
15 telephones when a call is placed to 9-1-1 from a registered 
16 and confirmed phone number;
17  (6) supports the delivery of telephone subscriber 
18 information through a secure internet connection to all 
19 emergency telephone system boards;
20  (7) works across all 9-1-1 call taking equipment and 
21 allows for the easy transfer of information into a computer 
22 aided dispatch system; and
23  (8) may be used to collect information pursuant to an 
24 Illinois Premise Alert Program as defined in the Illinois 
25 Premise Alert Program (PAP) Act.
26 "Interconnected voice over Internet protocol provider" or 
 
 
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1"Interconnected VoIP provider" has the meaning given to that 
2term under Section 13-235 of the Public Utilities Act.
3 "Joint ETSB" means a Joint Emergency Telephone System Board 
4established by intergovernmental agreement of two or more 
5municipalities or counties, or a combination thereof, to 
6provide for the management and operation of a 9-1-1 system.
7 "Local public agency" means any unit of local government or 
8special purpose district located in whole or in part within 
9this State that provides or has authority to provide 
10firefighting, police, ambulance, medical, or other emergency 
11services.
12 "Mechanical dialer" means any device that either manually 
13or remotely triggers a dialing device to access the 9-1-1 
14system.
15 "Master Street Address Guide" or "MSAG" is a database of 
16street names and house ranges within their associated 
17communities defining emergency service zones (ESZs) and their 
18associated emergency service numbers (ESNs) to enable proper 
19routing of 9-1-1 calls means the computerized geographical 
20database that consists of all street and address data within a 
219-1-1 system.
22 "Mobile telephone number" or "MTN" means the telephone 
23number assigned to a wireless telephone at the time of initial 
24activation.
25 "Network connections" means the number of voice grade 
26communications channels directly between a subscriber and a 
 
 
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1telecommunications carrier's public switched network, without 
2the intervention of any other telecommunications carrier's 
3switched network, which would be required to carry the 
4subscriber's inter-premises traffic and which connection 
5either (1) is capable of providing access through the public 
6switched network to a 9-1-1 Emergency Telephone System, if one 
7exists, or (2) if no system exists at the time a surcharge is 
8imposed under Section 15.3, that would be capable of providing 
9access through the public switched network to the local 9-1-1 
10Emergency Telephone System if one existed. Where multiple voice 
11grade communications channels are connected to a 
12telecommunications carrier's public switched network through a 
13private branch exchange (PBX) service, there shall be 
14determined to be one network connection for each trunk line 
15capable of transporting either the subscriber's inter-premises 
16traffic to the public switched network or the subscriber's 
179-1-1 calls to the public agency. Where multiple voice grade 
18communications channels are connected to a telecommunications 
19carrier's public switched network through centrex type 
20service, the number of network connections shall be equal to 
21the number of PBX trunk equivalents for the subscriber's 
22service or other multiple voice grade communication channels 
23facility, as determined by reference to any generally 
24applicable exchange access service tariff filed by the 
25subscriber's telecommunications carrier with the Commission.
26 "Network costs" means those recurring costs that directly 
 
 
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1relate to the operation of the 9-1-1 network as determined by 
2the Statewide 9-1-1 Administrator with the advice of the 
3Statewide 9-1-1 Advisory Board, which may include including, 
4but need not be limited to, some or all of the following: costs 
5for interoffice trunks, selective routing charges, transfer 
6lines and toll charges for 9-1-1 services, Automatic Location 
7Information (ALI) database charges, call box trunk circuit 
8(including central office only and not including extensions to 
9fire stations), independent local exchange carrier charges and 
10non-system provider charges, carrier charges for third party 
11database for on-site customer premises equipment, back-up PSAP 
12trunks for non-system providers, periodic database updates as 
13provided by carrier (also known as "ALI data dump"), regional 
14ALI storage charges, circuits for call delivery (fiber or 
15circuit connection), NG9-1-1 costs, and all associated fees, 
16taxes, and surcharges on each invoice. "Network costs" shall 
17not include radio circuits or toll charges that are other than 
18for 9-1-1 services.
19 "Next generation 9-1-1" or "NG9-1-1" means an Internet 
20Protocol-based (IP-based) system comprised of managed ESInets, 
21functional elements and applications, and databases that 
22replicate traditional E9-1-1 features and functions and 
23provide additional capabilities. "NG9-1-1" systems are 
24designed to provide access to emergency services from all 
25connected communications sources, and provide multimedia data 
26capabilities for PSAPs and other emergency services 
 
 
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1organizations.
2 "NG9-1-1 costs" means those recurring costs that directly 
3relate to the Next Generation 9-1-1 service as determined by 
4the Statewide 9-1-1 Advisory Board, including, but not limited 
5to, costs for Emergency System Routing Proxy (ESRP), Emergency 
6Call Routing Function/Location Validation Function (ECRF/LVF), 
7Spatial Information Function (SIF), the Border Control 
8Function (BCF), and the Emergency Services Internet Protocol 
9networks (ESInets), legacy network gateways, and all 
10associated fees, taxes, and surcharges on each invoice.
11 "Private branch exchange" or "PBX" means a private 
12telephone system and associated equipment located on the user's 
13property that provides communications between internal 
14stations and external networks.
15 "Private business switch service" means a 
16telecommunications service including centrex type service and 
17PBX service, even though key telephone systems or equivalent 
18telephone systems registered with the Federal Communications 
19Commission under 47 C.F.R. Part 68 are directly connected to 
20centrex type and PBX systems providing 9-1-1 services equipped 
21for switched local network connections or 9-1-1 system access 
22to business end users through a private telephone switch.
23 "Private business switch service" means network and 
24premises based systems including a VoIP, Centrex type service, 
25or PBX service, even though does not include key telephone 
26systems or equivalent telephone systems registered with the 
 
 
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1Federal Communications Commission under 47 C.F.R. Part 68 are 
2directly connected to Centrex when not used in conjunction with 
3centrex type and PBX systems. "Private business switch service" 
4does not include key telephone systems or equivalent telephone 
5systems registered with the Federal Communications Commission 
6under 47 C.F.R. Part 68 when not used in conjunction with a 
7VoIP, Centrex type, or PBX systems. "Private business switch 
8service" typically includes, but is not limited to, private 
9businesses, corporations, and industries where the 
10telecommunications service is primarily for conducting 
11business.
12 "Private residential switch service" means network and 
13premise based systems a telecommunications service including a 
14VoIP, Centrex centrex type service, or and PBX service or , even 
15though key telephone systems or equivalent telephone systems 
16registered with the Federal Communications Commission under 47 
17C.F.R. Part 68 that are directly connected to a VoIP, Centrex 
18centrex type service, or and PBX systems providing 9-1-1 
19services equipped for switched local network connections or 
209-1-1 system access to residential end users through a private 
21telephone switch. "Private residential switch service" does 
22not include key telephone systems or equivalent telephone 
23systems registered with the Federal Communications Commission 
24under 47 C.F.R. Part 68 when not used in conjunction with a 
25VoIP, Centrex centrex type, or and PBX systems. "Private 
26residential switch service" typically includes, but is not 
 
 
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1limited to, apartment complexes, condominiums, and campus or 
2university environments where shared tenant service is 
3provided and where the usage of the telecommunications service 
4is primarily residential.
5 "Public agency" means the State, and any unit of local 
6government or special purpose district located in whole or in 
7part within this State, that provides or has authority to 
8provide firefighting, police, ambulance, medical, or other 
9emergency services.
10 "Public safety agency" means a functional division of a 
11public agency that provides firefighting, police, medical, or 
12other emergency services to respond to and manage emergency 
13incidents. For the purpose of providing wireless service to 
14users of 9-1-1 emergency services, as expressly provided for in 
15this Act, the Department of State Police may be considered a 
16public safety agency.
17 "Public safety answering point" or "PSAP" is a set of 
18call-takers authorized by a governing body and operating under 
19common management that receive 9-1-1 calls and asynchronous 
20event notifications for a defined geographic area and processes 
21those calls and events according to a specified operational 
22policy means the initial answering location of an emergency 
23call.
24 "Qualified governmental entity" means a unit of local 
25government authorized to provide 9-1-1 services pursuant to 
26this Act where no emergency telephone system board exists.
 
 
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1 "Referral method" means a 9-1-1 service in which the PSAP 
2telecommunicator provides the calling party with the telephone 
3number of the appropriate public safety agency or other 
4provider of emergency services.
5 "Regular service" means any telecommunications service, 
6other than advanced service, that is capable of transporting 
7either the subscriber's inter-premises voice 
8telecommunications services to the public switched network or 
9the subscriber's 9-1-1 calls to the public agency.
10 "Relay method" means a 9-1-1 service in which the PSAP 
11telecommunicator takes the pertinent information from a caller 
12and relays that information to the appropriate public safety 
13agency or other provider of emergency services.
14 "Remit period" means the billing period, one month in 
15duration, for which a wireless carrier remits a surcharge and 
16provides subscriber information by zip code to the Department, 
17in accordance with Section 20 of this Act.
18 "Secondary Answering Point" or "SAP" means a location, 
19other than a PSAP, that is able to receive the voice, data, and 
20call back number of E9-1-1 or NG9-1-1 emergency calls 
21transferred from a PSAP and completes the call taking process 
22by dispatching police, medical, fire, or other emergency 
23responders. 
24 "Statewide wireless emergency 9-1-1 system" means all 
25areas of the State where an emergency telephone system board 
26or, in the absence of an emergency telephone system board, a 
 
 
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1qualified governmental entity, has not declared its intention 
2for one or more of its public safety answering points to serve 
3as a primary wireless 9-1-1 public safety answering point for 
4its jurisdiction. The operator of the statewide wireless 
5emergency 9-1-1 system shall be the Department of State Police.
6 "System" means the communications equipment and related 
7software applications required to produce a response by the 
8appropriate emergency public safety agency or other provider of 
9emergency services as a result of an emergency call being 
10placed to 9-1-1.
11 "System provider" means the contracted entity providing 
129-1-1 network and database services.
13 "Telecommunications carrier" means those entities included 
14within the definition specified in Section 13-202 of the Public 
15Utilities Act, and includes those carriers acting as resellers 
16of telecommunications services. "Telecommunications carrier" 
17includes telephone systems operating as mutual concerns. 
18"Telecommunications carrier" does not include a wireless 
19carrier.
20 "Telecommunications technology" means equipment that can 
21send and receive written messages over the telephone network.
22 "Transfer method" means a 9-1-1 service in which the PSAP 
23telecommunicator receiving a call transfers that call to the 
24appropriate public safety agency or other provider of emergency 
25services.
26 "Transmitting messages" shall have the meaning given to 
 
 
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1that term under Section 8-11-2 of the Illinois Municipal Code.
2 "Trunk line" means a transmission path, or group of 
3transmission paths, connecting a subscriber's PBX to a 
4telecommunications carrier's public switched network. In the 
5case of regular service, each voice grade communications 
6channel or equivalent amount of bandwidth capable of 
7transporting either the subscriber's inter-premises voice 
8telecommunications services to the public switched network or 
9the subscriber's 9-1-1 calls to the public agency shall be 
10considered a trunk line, even if it is bundled with other 
11channels or additional bandwidth. In the case of advanced 
12service, each DS-1, T-1, or other similar un-channelized or 
13multi-channel transmission facility that is capable of 
14transporting either the subscriber's inter-premises voice 
15telecommunications services to the public switched network or 
16the subscriber's 9-1-1 calls to the public agency shall be 
17considered a single trunk line, even if it contains multiple 
18voice grade communications channels or otherwise supports 2 or 
19more voice grade calls at a time; provided, however, that each 
20additional increment of up to 24 voice grade channels 1.544 
21Mbps of transmission capacity that is capable of transporting 
22either the subscriber's inter-premises voice 
23telecommunications services to the public switched network or 
24the subscriber's 9-1-1 calls to the public agency shall be 
25considered an additional trunk line.
26 "Unmanned backup PSAP" means a public safety answering 
 
 
10000SB1839ham004- 23 -LRB100 06226 SLF 27386 a


1point that serves as an alternate to the PSAP at an alternate 
2location and is typically unmanned but can be activated if the 
3primary PSAP is disabled.
4 "Virtual answering point" or "VAP" means a temporary or 
5nonpermanent location that is capable of receiving an emergency 
6call, contains a fully functional worksite that is not bound to 
7a specific location, but rather is portable and scalable, 
8connecting emergency call takers or dispatchers to the work 
9process, and is capable of completing the call dispatching 
10process. 
11 "Voice-impaired individual" means a person with a 
12permanent speech disability which precludes oral 
13communication, who can regularly and routinely communicate by 
14telephone only through the aid of devices which can send and 
15receive written messages over the telephone network.
16 "Wireless carrier" means a provider of two-way cellular, 
17broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial 
18Mobile Radio Service (CMRS), Wireless Communications Service 
19(WCS), or other Commercial Mobile Radio Service (CMRS), as 
20defined by the Federal Communications Commission, offering 
21radio communications that may provide fixed, mobile, radio 
22location, or satellite communication services to individuals 
23or businesses within its assigned spectrum block and 
24geographical area or that offers real-time, two-way voice 
25service that is interconnected with the public switched 
26network, including a reseller of such service.
 
 
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1 "Wireless enhanced 9-1-1" means the ability to relay the 
2telephone number of the originator of a 9-1-1 call and location 
3information from any mobile handset or text telephone device 
4accessing the wireless system to the designated wireless public 
5safety answering point as set forth in the order of the Federal 
6Communications Commission, FCC Docket No. 94-102, adopted June 
712, 1996, with an effective date of October 1, 1996, and any 
8subsequent amendment thereto.
9 "Wireless public safety answering point" means the 
10functional division of a 9-1-1 authority accepting wireless 
119-1-1 calls.
12 "Wireless subscriber" means an individual or entity to whom 
13a wireless service account or number has been assigned by a 
14wireless carrier, other than an account or number associated 
15with prepaid wireless telecommunication service.

16(Source: P.A. 99-6, eff. 1-1-16.)




17 (50 ILCS 750/8) (from Ch. 134, par. 38)



18 (Section scheduled to be repealed on July 1, 2017)
19 Sec. 8. 
The Administrator, with the advice and 
20recommendation of the Statewide 9-1-1 Advisory Board, shall 
21coordinate the implementation of systems established under 
22this Act. To assist with this coordination, all systems 
23authorized to operate under this Act shall register with the 
24Administrator information regarding its composition and 
25organization, including, but not limited to, identification of 
 
 
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1all PSAPs, SAPs, VAPs, Back-up PSAPs, and Unmanned Back-up 
2PSAPs. The Department may adopt rules for the administration of 
3this Section. 

4(Source: P.A. 99-6, eff. 1-1-16.)


5 (50 ILCS 750/10) (from Ch. 134, par. 40)
6 (Section scheduled to be repealed on July 1, 2017)
7 Sec. 10. 
8 (a) The Administrator, with the advice and recommendation 
9of the Statewide 9-1-1 Advisory Board, shall establish uniform 
10technical and operational standards for all 9-1-1 systems in 
11Illinois. All findings, orders, decisions, rules, and 
12regulations issued or promulgated by the Commission under this 
13Act or any other Act establishing or conferring power on the 
14Commission with respect to emergency telecommunications 
15services, shall continue in force. Notwithstanding the 
16provisions of this Section, where applicable, the 
17Administrator shall, with the advice and recommendation of the 
18Statewide 9-1-1 Advisory Board, amend the Commission's 
19findings, orders, decisions, rules, and regulations to conform 
20to the specific provisions of this Act as soon as practicable 
21after the effective date of this amendatory Act of the 99th 
22General Assembly. 
23 (b) The Department may adopt emergency rules necessary to 
24implement the provisions of this amendatory Act of the 99th 
25General Assembly under subsection (t) of Section 5-45 of the 
 
 
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1Illinois Administrative Procedure Act.
2 (c) Nothing in this Act shall deprive the Commission of any 
3authority to regulate the provision by telecommunication 
4carriers or 9-1-1 system service providers of 
5telecommunication or other services under the Public Utilities 
6Act.
7 (d) For rules that implicate both the regulation of 9-1-1 
8authorities under this Act and the regulation of 
9telecommunication carriers and 9-1-1 system service providers 
10under the Public Utilities Act, the Department and the 
11Commission may adopt joint rules necessary for implementation.
12 (e) Any findings, orders, or decisions of the Administrator 
13under this Section shall be deemed a final administrative 
14decision and shall be subject to judicial review under the 
15Administrative Review Law. 
16(Source: P.A. 99-6, eff. 1-1-16.)




17 (50 ILCS 750/10.3)


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

19 Sec. 10.3. Notice of address change. The Emergency 
20Telephone System Board or qualified governmental entity
in
any

21county implementing a 9-1-1 system that changes any person's 
22address (when the
person
whose address has changed has not 
23moved to a new residence) shall notify
the person (i) of the 
24person's new address and (ii) that the person should
contact 
25the local
election authority to determine if the person should 
 
 
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1re-register to vote.

2(Source: P.A. 90-664, eff. 7-30-98.)




3 (50 ILCS 750/12) (from Ch. 134, par. 42)



4 (Section scheduled to be repealed on July 1, 2017)
5 Sec. 12. 
The Attorney General may, on in behalf of the 
6Department or on his
own initiative, commence judicial 
7proceedings to enforce compliance by any
public agency or 
8public utility providing telephone service with this Act.

9(Source: P.A. 99-6, eff. 1-1-16.)





10 (50 ILCS 750/14) (from Ch. 134, par. 44)


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

12 Sec. 14. 
The General Assembly declares that a major purpose 
13of in enacting this Act is to ensure that 9-1-1 systems have 
14redundant methods of dispatch for: (1) each public safety 
15agency within its jurisdiction, herein known as participating 
16agencies; and (2) 9-1-1 systems whose jurisdictional 
17boundaries are contiguous, herein known as adjacent 9-1-1 
18systems, when an emergency request for service is received for 
19a public safety agency that needs to be dispatched by the 
20adjacent 9-1-1 system. Another primary purpose of this Section 
21is to
eliminate instances in which a public safety agency 
22responding emergency service refuses, once dispatched, to 
23render aid to the
requester because the requester is outside of 
24the jurisdictional boundaries
of the public safety agency 
 
 
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1emergency service. Therefore, in implementing a 9-1-1 system 
2systems under this Act, all 9-1-1 authorities
public agencies 
3in a single system shall enter into call handling and aid 
4outside jurisdictional boundaries agreements with each 
5participating agency and adjacent 9-1-1 system a joint
powers 
6agreement or any other form of written cooperative agreement 
7which
is applicable when need
arises on a day-to-day basis. 
8Certified notification of the continuation
of such agreements 
9shall be made among the involved parties on an annual
basis. In 
10addition, such agreements shall be entered
into between public 
11agencies and public safety agencies which are
part of different 
12systems but whose jurisdictional boundaries are contiguous. 
13The
agreements shall provide a primary and secondary means of 
14dispatch. It must also provide that, once an emergency unit is 
15dispatched in response
to a request through the system, such 
16unit shall render its services to the requesting
party without 
17regard to whether the unit is operating outside its
normal 
18jurisdictional boundaries. Certified notification of the

19continuation of call handling and aid outside jurisdictional 
20boundaries agreements shall be made among the involved parties 
21on an annual basis. 

22(Source: P.A. 86-101.)





23 (50 ILCS 750/15.2a) (from Ch. 134, par. 45.2a)


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

25 Sec. 15.2a. The installation of or connection to a 
 
 
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1telephone
company's network of any automatic alarm, automatic 
2alerting
device, or mechanical dialer that causes the number 
39-1-1 to
be dialed in order to directly access emergency 
4services is
prohibited in a 9-1-1 system.
5 This Section does not apply to a person who connects to a 
69-1-1 network using automatic crash notification technology 
7subject to an established protocol. 
8 This Section does not apply to devices used to enable 
9access to the 9-1-1 system for cognitively-impaired or special 
10needs persons or for persons with disabilities in an emergency 
11situation reported by a caregiver after initiating a missing 
12person's report. The device must have the capability to be 
13activated and controlled remotely by trained personnel at a 
14service center to prevent falsely activated or repeated calls 
15to the 9-1-1 system in a single incident. The device must have 
16the technical capability to generate location information to 
17the 9-1-1 system. Under no circumstances shall a device be sold 
18for use in a geographical jurisdiction where the 9-1-1 system 
19has not deployed wireless phase II location technology. The 
20alerting device shall also provide for either 2-way 
21communication or send a pre-recorded message to a 9-1-1 
22provider explaining the nature of the emergency so that the 
239-1-1 provider will be able to dispatch the appropriate 
24emergency responder. 
25 Violation of this Section is
a Class A misdemeanor. A 
26second or subsequent violation of this
Section is a Class 4 
 
 
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1felony.

2(Source: P.A. 99-143, eff. 7-27-15.)





3 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)

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

5 Sec. 15.3. Local non-wireless surcharge.
6 (a) Except as provided in subsection (l) of this Section, 
7the corporate authorities of any municipality or any
county 
8may, subject to the limitations of subsections (c), (d), and 
9(h),
and in addition to any tax levied pursuant to the 
10Simplified Municipal
Telecommunications Tax Act, impose a 
11monthly surcharge on billed subscribers
of network connection 
12provided by telecommunication carriers engaged in the
business 
13of transmitting messages by means of electricity originating 
14within
the corporate limits of the municipality or county 
15imposing the surcharge at
a rate per network connection 
16determined in accordance with subsection (c), however the 
17monthly surcharge shall not apply to a network connection 
18provided for use with pay telephone services.
Provided, 
19however, that where multiple voice grade communications 
20channels
are connected between the subscriber's premises and a 
21public switched network
through private branch exchange (PBX) 
22or centrex type service, a municipality
imposing a surcharge at 
23a rate per network connection, as determined in
accordance with 
24this Act, shall impose: 
25  (i) in a municipality with a population of 500,000 or 
 
 
10000SB1839ham004- 31 -LRB100 06226 SLF 27386 a


1 less or in any county, 5 such surcharges per network

2 connection, as defined under Section 2 determined in 
3 accordance with subsections (a) and (d) of
Section 2.12 of 
4 this Act, for both regular service and advanced service 
5 provisioned trunk lines;
6  (ii) in a municipality with a population, prior to 
7 March 1, 2010, of 500,000 or more, 5 surcharges per network 
8 connection, as defined under Section 2 determined in 
9 accordance
with subsections (a) and (d) of Section 2.12 of 
10 this Act, for both regular service and advanced
service 
11 provisioned trunk lines;
12  (iii) in a municipality with a population, as of March 
13 1, 2010, of 500,000 or more, 5 surcharges per network 
14 connection, as defined under Section 2 determined in

15 accordance with subsections (a) and (d) of Section 2.12 of 
16 this Act, for regular service
provisioned trunk lines, and 
17 12 surcharges per network connection, as defined under 
18 Section 2 determined in accordance
with subsections (a) and 
19 (d) of Section 2.12 of this Act, for advanced service 
20 provisioned trunk
lines, except where an advanced service 
21 provisioned trunk line supports at least 2 but fewer
than 
22 23 simultaneous voice grade calls ("VGC's"), a 
23 telecommunication carrier may
elect to impose fewer than 12 
24 surcharges per trunk line as provided in subsection (iv)
of 
25 this Section; or
26  (iv) for an advanced service provisioned trunk line 
 
 
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1 connected between the
subscriber's premises and the public 
2 switched network through a P.B.X., where the advanced

3 service provisioned trunk line is capable of transporting 
4 at least 2 but fewer than 23
simultaneous VGC's per trunk 
5 line, the telecommunications carrier collecting the 
6 surcharge
may elect to impose surcharges in accordance with 
7 the table provided in this Section, without limiting
any 
8 telecommunications carrier's obligations to otherwise keep 
9 and maintain records. Any
telecommunications carrier 
10 electing to impose fewer than 12 surcharges per an advanced

11 service provisioned trunk line shall keep and maintain 
12 records adequately to demonstrate the
VGC capability of 
13 each advanced service provisioned trunk line with fewer 
14 than 12
surcharges imposed, provided that 12 surcharges 
15 shall be imposed on an advanced service
provisioned trunk 
16 line regardless of the VGC capability where a 
17 telecommunications carrier
cannot demonstrate the VGC 
18 capability of the advanced service provisioned trunk line.


19Facility VGC's 911 Surcharges 
20Advanced service provisioned trunk line 18-23 12 
21Advanced service provisioned trunk line 12-17 10 
22Advanced service provisioned trunk line 2-11 8 


23 Subsections (i), (ii), (iii), and (iv) are not intended to 
24make any change in the meaning of this Section, but are 
 
 
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1intended to remove possible ambiguity, thereby confirming the 
2intent of paragraph (a) as it existed prior to and following 
3the effective date of this amendatory Act of the 97th General 
4Assembly. 
5 For mobile telecommunications services, if a surcharge is 
6imposed it shall be
imposed based upon the municipality or 
7county that encompasses the customer's
place of primary use as 
8defined in the Mobile Telecommunications Sourcing
Conformity 
9Act. A municipality may enter into an intergovernmental

10agreement with any county in which it is partially located, 
11when the county
has adopted an ordinance to impose a surcharge 
12as provided in subsection
(c), to include that portion of the 
13municipality lying outside the county
in that county's 
14surcharge referendum. If the county's surcharge
referendum is 
15approved, the portion of the municipality identified in the

16intergovernmental agreement shall automatically be 
17disconnected from the
county in which it lies and connected to 
18the county which approved the
referendum for purposes of a 
19surcharge on telecommunications carriers.

20 (b) For purposes of computing the surcharge imposed by 
21subsection (a),
the network connections to which the surcharge 
22shall apply shall be those
in-service network connections, 
23other than those network connections
assigned to the 
24municipality or county, where the service address for each
such 
25network connection or connections is located within the 
26corporate
limits of the municipality or county levying the 
 
 
10000SB1839ham004- 34 -LRB100 06226 SLF 27386 a


1surcharge. Except for mobile
telecommunication services, the 
2"service address" shall mean the location of
the primary use of 
3the network connection or connections. For mobile

4telecommunication services, "service address" means the 
5customer's place of
primary use as defined in the Mobile 
6Telecommunications Sourcing Conformity
Act.

7 (c) Upon the passage of an ordinance to impose a surcharge 
8under this
Section the clerk of the municipality or county 
9shall certify the question
of whether the surcharge may be 
10imposed to the proper election authority
who shall submit the 
11public question to the electors of the municipality or
county 
12in accordance with the general election law; provided that such

13question shall not be submitted at a consolidated primary 
14election. The
public question shall be in substantially the 
15following form:

16-------------------------------------------------------------

17 Shall the county (or city, village

18or incorporated town) of ..... impose YES

19a surcharge of up to ...¢ per month per

20network connection, which surcharge will

21be added to the monthly bill you receive ------------------

22for telephone or telecommunications

23charges, for the purpose of installing

24(or improving) a 9-1-1 Emergency NO

25Telephone System?

26-------------------------------------------------------------

 
 
10000SB1839ham004- 35 -LRB100 06226 SLF 27386 a


1 If a majority of the votes cast upon the public question 
2are in favor
thereof, the surcharge shall be imposed.

3 However, if a Joint Emergency Telephone System Board is to 
4be created
pursuant to an intergovernmental agreement under 
5Section 15.4, the
ordinance to impose the surcharge shall be 
6subject to the approval of a
majority of the total number of 
7votes cast upon the public question by the
electors of all of 
8the municipalities or counties, or combination thereof,
that 
9are parties to the intergovernmental agreement.

10 The referendum requirement of this subsection (c) shall not 
11apply
to any municipality with a population over 500,000 or to 
12any
county in which a proposition as to whether a sophisticated 
139-1-1 Emergency
Telephone System should be installed in the 
14county, at a cost not to
exceed a specified monthly amount per 
15network connection, has previously
been approved by a majority 
16of the electors of the county voting on the
proposition at an 
17election conducted before the effective date of this
amendatory 
18Act of 1987.

19 (d) A county may not impose a surcharge, unless requested 
20by a
municipality, in any incorporated area which has 
21previously approved a
surcharge as provided in subsection (c) 
22or in any incorporated area where
the corporate authorities of 
23the municipality have previously entered into
a binding 
24contract or letter of intent with a telecommunications carrier 
25to
provide sophisticated 9-1-1 service through municipal 
26funds.

 
 
10000SB1839ham004- 36 -LRB100 06226 SLF 27386 a


1 (e) A municipality or county may at any time by ordinance 
2change the
rate of the surcharge imposed under this Section if 
3the new rate does not
exceed the rate specified in the 
4referendum held pursuant to subsection (c).

5 (f) The surcharge authorized by this Section shall be 
6collected from
the subscriber by the telecommunications 
7carrier providing the subscriber
the network connection as a 
8separately stated item on the subscriber's bill.

9 (g) The amount of surcharge collected by the 
10telecommunications carrier
shall be paid to the particular 
11municipality or county or Joint Emergency
Telephone System 
12Board not later than 30 days after the surcharge is
collected, 
13net of any network or other 9-1-1 or sophisticated 9-1-1 system

14charges then due the particular telecommunications carrier, as 
15shown on an
itemized bill. The telecommunications carrier 
16collecting the surcharge
shall also be entitled to deduct 3% of 
17the gross amount of surcharge
collected to reimburse the 
18telecommunications carrier for the expense of
accounting and 
19collecting the surcharge.

20 (h) Except as expressly provided in subsection (a) of this 
21Section, on or after the effective date of this amendatory Act 
22of the 98th General Assembly and until December 31, 2017, July 
231, 2017, a municipality with a population of 500,000 or more 
24shall not impose a monthly surcharge per network connection in 
25excess of the highest monthly surcharge imposed as of January 
261, 2014 by any county or municipality under subsection (c) of 
 
 
10000SB1839ham004- 37 -LRB100 06226 SLF 27386 a


1this Section. Beginning January 1, 2018 and until December 31, 
22020, a municipality with a population over 500,000 may not 
3impose a monthly surcharge in excess of $5.00 per network 
4connection. On or after January 1, 2021, July 1, 2017, a

5municipality with a population over 500,000 may not impose a

6monthly surcharge in excess of $2.50
per network connection.

7 (i) Any municipality or county or joint emergency telephone 
8system
board that has imposed a surcharge pursuant to this 
9Section prior to the
effective date of this amendatory Act of 
101990 shall hereafter impose the
surcharge in accordance with 
11subsection (b) of this Section.

12 (j) The corporate authorities of any municipality or county 
13may issue,
in accordance with Illinois law, bonds, notes or 
14other obligations secured
in whole or in part by the proceeds 
15of the surcharge described in this
Section.
The State of 
16Illinois pledges and agrees that it will not limit or alter
the 
17rights and powers vested in municipalities and counties by this 
18Section
to impose the surcharge so as to impair the terms of or 
19affect the
security for bonds, notes or other obligations 
20secured in whole or in part
with the proceeds of the surcharge 
21described in this Section. The pledge and agreement set forth 
22in this Section survive the termination of the surcharge under 
23subsection (l) by virtue of the replacement of the surcharge 
24monies guaranteed under Section 20; the State of Illinois 
25pledges and agrees that it will not limit or alter the rights 
26vested in municipalities and counties to the surcharge 
 
 
10000SB1839ham004- 38 -LRB100 06226 SLF 27386 a


1replacement funds guaranteed under Section 20 so as to impair 
2the terms of or affect the security for bonds, notes or other 
3obligations secured in whole or in part with the proceeds of 
4the surcharge described in this Section. 

5 (k) Any surcharge collected by or imposed on a 
6telecommunications
carrier pursuant to this Section shall be 
7held to be a special fund in
trust for the municipality, county 
8or Joint Emergency Telephone Board
imposing the surcharge. 
9Except for the 3% deduction provided in subsection
(g) above, 
10the special fund shall not be subject to the claims of

11creditors of the telecommunication carrier.

12 (l) On and after the effective date of this amendatory Act 
13of the 99th General Assembly, no county or municipality, other 
14than a municipality with a population over 500,000, may impose 
15a monthly surcharge under this Section in excess of the amount 
16imposed by it on the effective date of this Act. Any surcharge 
17imposed pursuant to this Section by a county or municipality, 
18other than a municipality with a population in excess of 
19500,000, shall cease to be imposed on January 1, 2016. 
20(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)


21 (50 ILCS 750/15.3a)
22 (Section scheduled to be repealed on July 1, 2017)
23 Sec. 15.3a. Local wireless surcharge.
24 (a) Notwithstanding any other provision of this Act, a unit 
25of local government or emergency telephone system board 
 
 
10000SB1839ham004- 39 -LRB100 06226 SLF 27386 a


1providing wireless 9-1-1 service and imposing and collecting a 
2wireless carrier surcharge prior to July 1, 1998 may continue 
3its practices of imposing and collecting its wireless carrier 
4surcharge, but, except as provided in subsection (b) of this 
5Section, in no event shall that monthly surcharge exceed $2.50 
6per commercial mobile radio service (CMRS) connection or 
7in-service telephone number billed on a monthly basis. For 
8mobile telecommunications services provided on and after 
9August 1, 2002, any surcharge imposed shall be imposed based 
10upon the municipality or county that encompasses the customer's 
11place of primary use as defined in the Mobile 
12Telecommunications Sourcing Conformity Act. 
13 (b) Until December 31, 2017, July 1, 2017, the corporate 
14authorities of a municipality with a population in excess of 
15500,000 on the effective date of this amendatory Act of the 
1699th General Assembly may by ordinance continue to impose and 
17collect a monthly surcharge per commercial mobile radio service 
18(CMRS) connection or in-service telephone number billed on a 
19monthly basis that does not exceed the highest monthly 
20surcharge imposed as of January 1, 2014 by any county or 
21municipality under subsection (c) of Section 15.3 of this Act. 
22Beginning January 1, 2018, and until December 31, 2020, a 
23municipality with a population in excess of 500,000 may by 
24ordinance continue to impose and collect a monthly surcharge 
25per commercial mobile radio service (CMRS) connection or 
26in-service telephone number billed on a monthly basis that does 
 
 
10000SB1839ham004- 40 -LRB100 06226 SLF 27386 a


1not exceed $5.00. On or after January 1, 2021, July 1, 2017, 
2the municipality may continue imposing and collecting its 
3wireless carrier surcharge as provided in and subject to the 
4limitations of subsection (a) of this Section. 
5 (c) In addition to any other lawful purpose, a municipality 
6with a population over 500,000 may use the moneys collected 
7under this Section for any anti-terrorism or emergency 
8preparedness measures, including, but not limited to, 
9preparedness planning, providing local matching funds for 
10federal or State grants, personnel training, and specialized 
11equipment, including surveillance cameras, as needed to deal 
12with natural and terrorist-inspired emergency situations or 
13events. 

14(Source: P.A. 99-6, eff. 1-1-16.)

15 (50 ILCS 750/15.4) (from Ch. 134, par. 45.4)
16 (Section scheduled to be repealed on July 1, 2017)
17 Sec. 15.4. Emergency Telephone System Board; powers. 
18 (a) Except as provided in subsection (e) of this Section, 
19the corporate authorities of any county or municipality
may 
20establish an Emergency
Telephone System Board. 
21 The corporate authorities shall provide for the
manner of 
22appointment and the number of members of the Board, provided 
23that
the board shall consist of not fewer than 5 members, one 
24of whom
must be a
public member who is a resident of the local 
25exchange service territory
included in the 9-1-1 coverage area, 
 
 
10000SB1839ham004- 41 -LRB100 06226 SLF 27386 a


1one of whom (in counties with a
population less than 100,000) 
2may be a member of the county
board, and
at least 3 of whom 
3shall be representative of the 9-1-1 public safety agencies,

4including but not limited to police departments, fire 
5departments, emergency
medical services providers, and 
6emergency services and disaster agencies, and
appointed on the 
7basis of their ability or experience. In counties with a 
8population of more than 100,000 but less than 2,000,000, a 
9member of the county board may serve on the Emergency Telephone 
10System Board. Elected officials, including members of a county 
11board, are
also eligible to serve on the board. Members of the 
12board shall serve without
compensation but shall be reimbursed 
13for their actual and necessary
expenses. Any 2 or more 
14municipalities, counties, or combination thereof,
may, instead 
15of establishing
individual boards, establish by 
16intergovernmental agreement a Joint
Emergency Telephone System 
17Board pursuant to this Section. The manner of
appointment of 
18such a joint board shall be prescribed in the agreement. On or 
19after the effective date of this amendatory Act of the 100th 
20General Assembly, any new intergovernmental agreement entered 
21into to establish or join a Joint Emergency Telephone System 
22Board shall provide for the appointment of a PSAP 
23representative to the board. 
24 Upon the effective date of this amendatory Act of the 98th 
25General Assembly, appointed members of the Emergency Telephone 
26System Board shall serve staggered 3-year terms if: (1) the 
 
 
10000SB1839ham004- 42 -LRB100 06226 SLF 27386 a


1Board serves a county with a population of 100,000 or less; and 
2(2) appointments, on the effective date of this amendatory Act 
3of the 98th General Assembly, are not for a stated term. The 
4corporate authorities of the county or municipality shall 
5assign terms to the board members serving on the effective date 
6of this amendatory Act of the 98th General Assembly in the 
7following manner: (1) one-third of board members' terms shall 
8expire on January 1, 2015; (2) one-third of board members' 
9terms shall expire on January 1, 2016; and (3) remaining board 
10members' terms shall expire on January 1, 2017. Board members 
11may be re-appointed upon the expiration of their terms by the 
12corporate authorities of the county or municipality.
13 The corporate authorities of a county or municipality may, 
14by a vote of the majority of the members elected, remove an 
15Emergency Telephone System Board member for misconduct, 
16official misconduct, or neglect of office. 
17 (b) The powers and duties of the board shall be defined by 
18ordinance
of the municipality or county, or by 
19intergovernmental agreement in the
case of a joint board. The 
20powers and duties shall include, but need not
be limited to the 
21following:
22  (1) Planning a 9-1-1 system.
23  (2) Coordinating and supervising the implementation, 
24 upgrading, or
maintenance of the system, including the 
25 establishment of equipment
specifications and coding 
26 systems.
 
 
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1  (3) Receiving moneys
from the surcharge imposed under 
2 Section 15.3, or disbursed to it under Section 30, and
from 
3 any other source, for deposit into the Emergency Telephone 
4 System Fund.
5  (4) Authorizing all disbursements from the fund.
6  (5) Hiring any staff necessary for the implementation 
7 or upgrade of the
system.
8  (6) (Blank).
9 (c) All moneys
received by a board pursuant to a surcharge 
10imposed under
Section 15.3, or disbursed to it under Section 
1130, shall be deposited into a separate interest-bearing

12Emergency Telephone System Fund account. The treasurer of the 
13municipality or
county that has established the board or, in 
14the case of a joint board, any
municipal or county treasurer 
15designated in the intergovernmental agreement,
shall be 
16custodian of the fund. All interest accruing on the fund shall 
17remain
in the fund. No expenditures may be made from such fund 
18except upon the
direction of the board by resolution passed by 
19a majority of all members of the
board.
20 (d) The board shall complete a Master Street Address Guide 
21database before implementation of the
9-1-1 system. The error 
22ratio of the database shall not at any time
exceed 1% of the 
23total database.
24 (e) On and after January 1, 2016, no municipality or county 
25may create an Emergency Telephone System Board unless the board 
26is a Joint Emergency Telephone System Board. The corporate 
 
 
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1authorities of any county or municipality entering into an 
2intergovernmental agreement to create or join a Joint Emergency 
3Telephone System Board shall rescind an the ordinance or 
4ordinances creating a single the original Emergency Telephone 
5System Board and shall eliminate the single Emergency Telephone 
6System Board, effective upon the creation of the Joint 
7Emergency Telephone System Board, with regulatory approval by 
8the Administrator, or joining of the Joint Emergency Telephone 
9System Board. Nothing in this Section shall be construed to 
10require the dissolution of an Emergency Telephone System Board 
11that is not succeeded by a Joint Emergency Telephone System 
12Board or is not required to consolidate under Section 15.4a of 
13this Act. 
14 (f) Within one year after the effective date of this 
15amendatory Act of the 100th General Assembly, any corporate 
16authorities of a county or municipality, other than a 
17municipality with a population of more than 500,000, operating 
18a 9-1-1 system without an Emergency Telephone System Board or 
19Joint Emergency Telephone System Board shall create or join a 
20Joint Emergency Telephone System Board. 
21(Source: P.A. 98-481, eff. 8-16-13; 99-6, eff. 1-1-16.)

22 (50 ILCS 750/15.4a)
23 (Section scheduled to be repealed on July 1, 2017)
24 Sec. 15.4a. Consolidation.
25 (a) By July 1, 2017, and except as otherwise provided in 
 
 
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1this Section, Emergency Telephone System Boards, Joint 
2Emergency Telephone System Boards, qualified governmental 
3entities, and PSAPs shall be consolidated as follows, subject 
4to subsections (b) and (c) of this Section: 
5  (1) In any county with a population of at least 250,000 
6 that has a single Emergency Telephone System Board, or 
7 qualified governmental entity and more than 2 PSAPs, shall 
8 reduce the number of PSAPs by at least 50% or to 2 PSAPs, 
9 whichever is greater. Nothing in this paragraph shall 
10 preclude consolidation resulting in one PSAP in the county.
11  (2) In any county with a population of at least 250,000 
12 that has more than one Emergency Telephone System Board, 
13 Joint Emergency Telephone System Board, or qualified 
14 governmental entity, any 9-1-1 Authority serving a 
15 population of less than 25,000 shall be consolidated such 
16 that no 9-1-1 Authority in the county serves a population 
17 of less than 25,000.
18  (3) In any county with a population of at least 250,000 
19 but less than 1,000,000 that has more than one Emergency 
20 Telephone System Board, Joint Emergency Telephone System 
21 Board, or qualified governmental entity, each 9-1-1 
22 Authority shall reduce the number of PSAPs by at least 50% 
23 or to 2 PSAPs, whichever is greater. Nothing in this 
24 paragraph shall preclude consolidation of a 9-1-1 
25 Authority into a Joint Emergency Telephone System Board, 
26 and nothing in this paragraph shall preclude consolidation 
 
 
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1 resulting in one PSAP in the county.
2  (4) In any county with a population of less than 
3 250,000 that has a single Emergency Telephone System Board 
4 or qualified governmental entity and more than 2 PSAPs, the 
5 9-1-1 Authority shall reduce the number of PSAPs by at 
6 least 50% or to 2 PSAPs, whichever is greater. Nothing in 
7 this paragraph shall preclude consolidation resulting in 
8 one PSAP in the county.
9  (5) In any county with a population of less than 
10 250,000 that has more than one Emergency Telephone System 
11 Board, Joint Emergency Telephone System Board, or 
12 qualified governmental entity and more than 2 PSAPS, the 
13 9-1-1 Authorities shall be consolidated into a single joint 
14 board, and the number of PSAPs shall be reduced by at least 
15 50% or to 2 PSAPs, whichever is greater. Nothing in this 
16 paragraph shall preclude consolidation resulting in one 
17 PSAP in the county.
18  (6) Any 9-1-1 Authority that does not have a PSAP 
19 within its jurisdiction shall be consolidated through an 
20 intergovernmental agreement with an existing 9-1-1 
21 Authority that has a PSAP to create a Joint Emergency 
22 Telephone Board.
23  (7) The corporate authorities of each county that has 
24 no 9-1-1 service as of January 1, 2016 shall provide 
25 enhanced 9-1-1 wireline and wireless enhanced 9-1-1 
26 service for that county by either (i) entering into an 
 
 
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1 intergovernmental agreement with an existing Emergency 
2 Telephone System Board to create a new Joint Emergency 
3 Telephone System Board, or (ii) entering into an 
4 intergovernmental agreement with the corporate authorities 
5 that have created an existing Joint Emergency Telephone 
6 System Board.
7 (b) By July 1, 2016, each county required to consolidate 
8pursuant to paragraph (7) of subsection (a) of this Section and 
9each 9-1-1 Authority required to consolidate pursuant to 
10paragraphs (1) through (6) of subsection (a) of this Section 
11shall file a plan for consolidation or a request for a waiver 
12pursuant to subsection (c) of this Section with the Office 
13Division of the Statewide 9-1-1 Administrator. 
14  (1) No county or 9-1-1 Authority may avoid the 
15 requirements of this Section by converting primary PSAPs to 
16 secondary or virtual answering points. Any county or 9-1-1 
17 Authority not in compliance with this Section shall be 
18 ineligible to receive consolidation grant funds issued 
19 under Section 15.4b of this Act or monthly disbursements 
20 otherwise due under Section 30 of this Act, until the 
21 county or 9-1-1 Authority is in compliance. 
22  (2) Within 60 calendar days of receiving a 
23 consolidation plan, the Statewide 9-1-1 Advisory Board 
24 shall hold at least one public hearing on the plan and 
25 provide a recommendation to the Administrator. Notice of 
26 the hearing shall be provided to the respective entity to 
 
 
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1 which the plan applies. 
2  (3) Within 90 calendar days of receiving a 
3 consolidation plan, the Administrator shall approve the 
4 plan, approve the plan as modified, or grant a waiver 
5 pursuant to subsection (c) of this Section. In making his 
6 or her decision, the Administrator shall consider any 
7 recommendation from the Statewide 9-1-1 Advisory Board 
8 regarding the plan. If the Administrator does not follow 
9 the recommendation of the Board, the Administrator shall 
10 provide a written explanation for the deviation in his or 
11 her decision. 
12  (4) The deadlines provided in this subsection may be 
13 extended upon agreement between the Administrator and 
14 entity which submitted the plan.
15 (c) A waiver from a consolidation required under subsection 
16(a) of this Section may be granted if the Administrator finds 
17that the consolidation will result in a substantial threat to 
18public safety, is economically unreasonable, or is technically 
19infeasible.
20 (d) Any decision of the Administrator under this Section 
21shall be deemed a final administrative decision and shall be 
22subject to judicial review under the Administrative Review Law.

23(Source: P.A. 99-6, eff. 1-1-16.)

24 (50 ILCS 750/15.4b)
25 (Section scheduled to be repealed on July 1, 2017)
 
 
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1 Sec. 15.4b. Consolidation grants.
2 (a) The Administrator, with the advice and recommendation 
3of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1 
4System Consolidation Grant Program to defray costs associated 
5with 9-1-1 system consolidation of systems outside of a 
6municipality with a population in excess of 500,000. The 
7awarded grants will be used to offset non-recurring costs 
8associated with the consolidation of 9-1-1 systems and shall 
9not be used for ongoing operating costs associated with the 
10consolidated system. The Department, in consultation with the 
11Administrator and the Statewide 9-1-1 Advisory Board, shall 
12adopt rules defining the grant process and criteria for issuing 
13the grants. The grants should be awarded based on criteria that 
14include, but are not limited to: 
15  (1) reducing the number of transfers of a 9-1-1 call;
16  (2) reducing the infrastructure required to adequately 
17 provide 9-1-1 network services;
18  (3) promoting cost savings from resource sharing among 
19 9-1-1 systems;
20  (4) facilitating interoperability and resiliency for 
21 the receipt of 9-1-1 calls;
22  (5) reducing the number of 9-1-1 systems or reducing 
23 the number of PSAPs within a 9-1-1 system;
24  (6) cost saving resulting from 9-1-1 system 
25 consolidation; and
26  (7) expanding E9-1-1 service coverage as a result of 
 
 
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1 9-1-1 system consolidation including to areas without 
2 E9-1-1 service.
3 Priority shall be given first to counties not providing 
49-1-1 service as of January 1, 2016, and next to other entities 
5consolidating as required under Section 15.4a of this Act. 
6 (b) The 9-1-1 System Consolidation Grant application, as 
7defined by Department rules, shall be submitted electronically 
8to the Administrator starting January 2, 2016, and every 
9January 2 thereafter. The application shall include a modified 
109-1-1 system plan as required by this Act in support of the 
11consolidation plan. The Administrator shall have until June 30, 
122016 and every June 30 thereafter to approve 9-1-1 System 
13Consolidation grants and modified 9-1-1 system plans. Payment 
14under the approved 9-1-1 System Consolidation grants shall be 
15contingent upon the final approval of a modified 9-1-1 system 
16plan.
17 (c) Existing and previously completed consolidation 
18projects shall be eligible to apply for reimbursement of costs 
19related to the consolidation incurred between 2010 and the 
20State fiscal year of the application.
21 (d) The 9-1-1 systems that receive grants under this 
22Section shall provide a report detailing grant fund usage to 
23the Administrator pursuant to Section 40 of this Act. 

24(Source: P.A. 99-6, eff. 1-1-16.)

25 (50 ILCS 750/15.6a)
 
 
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1 (Section scheduled to be repealed on July 1, 2017)
2 Sec. 15.6a. Wireless emergency 9-1-1 service.
3 (a) The digits "9-1-1" shall be the designated emergency 
4telephone number within the wireless system.
5 (b) The Department may set non-discriminatory and uniform 
6technical and operational standards consistent with the rules 
7of the Federal Communications Commission for directing calls to 
8authorized public safety answering points. These standards 
9shall not in any way prescribe the technology or manner a 
10wireless carrier shall use to deliver wireless 9-1-1 or 
11wireless E9-1-1 calls, and these standards shall not exceed the 
12requirements set by the Federal Communications Commission; 
13however, standards for directing calls to the authorized public 
14safety answering point shall be included. The authority given 
15to the Department in this Section is limited to setting 
16standards as set forth herein and does not constitute authority 
17to regulate wireless carriers.
18 (c) For the purpose of providing wireless 9-1-1 emergency 
19services, an emergency telephone system board or, in the 
20absence of an emergency telephone system board, a qualified 
21governmental entity, may declare its intention for one or more 
22of its public safety answering points to serve as a primary 
23wireless 9-1-1 public safety answering point for its 
24jurisdiction by notifying the Administrator in writing within 6 
25months after receiving its authority to operate a 9-1-1 system 
26under this Act. In addition, 2 or more emergency telephone 
 
 
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1system boards or qualified governmental entities may, by virtue 
2of an intergovernmental agreement, provide wireless 9-1-1 
3service. Until the jurisdiction comes into compliance with 
4Section 15.4a of this Act, the The Department of State Police 
5shall be the primary wireless 9-1-1 public safety answering 
6point for any jurisdiction that did not provide notice to the 
7Illinois Commerce Commission and the Department prior to 
8January 1, 2016.
9 (d) The Administrator, upon a request from a qualified 
10governmental entity or an emergency telephone system board and 
11with the advice and recommendation of the Statewide 9-1-1 
12Advisory Board, may grant authority to the emergency telephone 
13system board or a qualified governmental entity to provide 
14wireless 9-1-1 service in areas for which the Department has 
15accepted wireless 9-1-1 responsibility. The Administrator 
16shall maintain a current list of all 9-1-1 systems and 
17qualified governmental entities providing wireless 9-1-1 
18service under this Act. 

19(Source: P.A. 99-6, eff. 1-1-16.)

20 (50 ILCS 750/17.5 new)
21 Sec. 17.5. 9-1-1 call transfer, forward, or relay.
22 (a) The General Assembly finds the following:
23  (1) Some 9-1-1 systems throughout this State do not 
24 have a procedure in place to manually transfer, forward, or 
25 relay 9-1-1 calls originating within one 9-1-1 system's 
 
 
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1 jurisdiction, but which should properly be answered and 
2 dispatched by another 9-1-1 system, to the appropriate 
3 9-1-1 system for answering and dispatch of first 
4 responders.
5  (2) On January 1, 2016, the General Assembly gave 
6 oversight authority of 9-1-1 systems to the Department of 
7 State Police.
8  (3) Since that date, the Department of State Police has 
9 authorized individual 9-1-1 systems in counties and 
10 municipalities to implement and upgrade enhanced 9-1-1 
11 systems throughout the State.
12 (b) The Department shall prepare a directory of all 
13authorized 9-1-1 systems in the State. The directory shall 
14include an emergency 24/7 10-digit telephone number for all 
15primary public safety answering points located in each 9-1-1 
16system to which 9-1-1 calls from another jurisdiction can be 
17transferred. This directory shall be made available to each 
189-1-1 authority for its use in establishing standard operating 
19procedures regarding calls outside its 9-1-1 jurisdiction.
20 (c) Each 9-1-1 system shall provide the Department with the 
21following information:
22  (1) The name of the PSAP, a list of every participating 
23 agency, and the county the PSAP is in, including college 
24 and university public safety entities.
25  (2) The 24/7 10-digit emergency telephone number and 
26 email address for the dispatch agency to which 9-1-1 calls 
 
 
10000SB1839ham004- 54 -LRB100 06226 SLF 27386 a


1 originating in another 9-1-1 jurisdiction can be 
2 transferred or by which the PSAP can be contacted via email 
3 to exchange information. Each 9-1-1 system shall provide 
4 the Department with any changes to the participating 
5 agencies and this number and email address immediately upon 
6 the change occurring. Each 9-1-1 system shall provide the 
7 PSAP information, the 24/7 10-digit emergency telephone 
8 number and email address to the Manager of the Department's 
9 9-1-1 Program within 30 days of the effective date of this 
10 amendatory Act of the 100th General Assembly.
11  (3) The standard operating procedure describing the 
12 manner in which the 9-1-1 system will transfer, forward, or 
13 relay 9-1-1 calls originating within its jurisdiction, but 
14 which should properly be answered and dispatched by another 
15 9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1 
16 system shall provide the standard operating procedures to 
17 the Manager of the Department's 9-1-1 Program within 180 
18 days after the effective date of this amendatory Act of the 
19 100th General Assembly. 

20 (50 ILCS 750/19)
21 (Section scheduled to be repealed on July 1, 2017)
22 Sec. 19. Statewide 9-1-1 Advisory Board.
23 (a) Beginning July 1, 2015, there is created the Statewide 
249-1-1 Advisory Board within the Department of State Police. The 
25Board shall consist of the following 11 voting members:
 
 
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1  (1) The Director of the State Police, or his or her 
2 designee, who shall serve as chairman.
3  (2) The Executive Director of the Commission, or his or 
4 her designee.
5  (3) Nine members appointed by the Governor as follows:
6   (A) one member representing the Illinois chapter 
7 of the National Emergency Number Association, or his or 
8 her designee;
9   (B) one member representing the Illinois chapter 
10 of the Association of Public-Safety Communications 
11 Officials, or his or her designee;
12   (C) one member representing a county 9-1-1 system 
13 from a county with a population of less than 50,000;
14   (D) one member representing a county 9-1-1 system 
15 from a county with a population between 50,000 and 
16 250,000;
17   (E) one member representing a county 9-1-1 system 
18 from a county with a population of more than 250,000;
19   (F) one member representing a municipality with a 
20 population of less than 500,000 in a county with a 
21 population in excess of 2,000,000;
22   (G) one member representing the Illinois 
23 Association of Chiefs of Police;
24   (H) one member representing the Illinois Sheriffs' 
25 Association; and
26   (I) one member representing the Illinois Fire 
 
 
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1 Chiefs Association.
2 The Governor shall appoint the following non-voting 
3members: (i) one member representing an incumbent local 
4exchange 9-1-1 system provider; (ii) one member representing a 
5non-incumbent local exchange 9-1-1 system provider; (iii) one 
6member representing a large wireless carrier; (iv) one member 
7representing an incumbent local exchange a small wireless 
8carrier; and (v) one member representing the Illinois 
9Telecommunications Association; (vi) one member representing 
10the Cable Television and Communication Association of 
11Illinois; and (vii) one member representing the Illinois State 
12Ambulance Association. The Speaker of the House of 
13Representatives, the Minority Leader of the House of 
14Representatives, the President of the Senate, and the Minority 
15Leader of the Senate may each appoint a member of the General 
16Assembly to temporarily serve as a non-voting member of the 
17Board during the 12 months prior to the repeal date of this Act 
18to discuss legislative initiatives of the Board. 
19 (b) The Governor shall make initial appointments to the 
20Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the 
21voting members appointed by the Governor shall serve an initial 
22term of 2 years, and the remaining voting members appointed by 
23the Governor shall serve an initial term of 3 years. 
24Thereafter, each appointment by the Governor shall be for a 
25term of 3 years. Non-voting members shall serve for a term of 3 
26years. Vacancies shall be filled in the same manner as the 
 
 
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1original appointment. Persons appointed to fill a vacancy shall 
2serve for the balance of the unexpired term.
3 Members of the Statewide 9-1-1 Advisory Board shall serve 
4without compensation.
5 (c) The 9-1-1 Services Advisory Board, as constituted on 
6June 1, 2015 without the legislative members, shall serve in 
7the role of the Statewide 9-1-1 Advisory Board until all 
8appointments of voting members have been made by the Governor 
9under subsection (a) of this Section.
10 (d) The Statewide 9-1-1 Advisory Board shall:
11  (1) advise the Department of State Police and the 
12 Statewide 9-1-1 Administrator on the oversight of 9-1-1 
13 systems and the development and implementation of a uniform 
14 statewide 9-1-1 system;
15  (2) make recommendations to the Governor and the 
16 General Assembly regarding improvements to 9-1-1 services 
17 throughout the State; and
18  (3) exercise all other powers and duties provided in 
19 this Act.
20 (e) The Statewide 9-1-1 Advisory Board shall submit to the 
21General Assembly a report by March 1 of each year providing an 
22update on the transition to a statewide 9-1-1 system and 
23recommending any legislative action.
24 (f) The Department of State Police shall provide 
25administrative support to the Statewide 9-1-1 Advisory Board. 

26(Source: P.A. 99-6, eff. 6-29-15.)

 
 
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1 (50 ILCS 750/20)
2 (Section scheduled to be repealed on July 1, 2017)
3 Sec. 20. Statewide surcharge.
4 (a) On and after January 1, 2016, and except with respect 
5to those customers who are subject to surcharges as provided in 
6Sections 15.3 and 15.3a of this Act, a monthly surcharge shall 
7be imposed on all customers of telecommunications carriers and 
8wireless carriers as follows: 
9  (1) Each telecommunications carrier shall impose a 
10 monthly surcharge of $0.87 per network connection; 
11 provided, however, the monthly surcharge shall not apply to 
12 a network connection provided for use with pay telephone 
13 services. Where multiple voice grade communications 
14 channels are connected between the subscriber's premises 
15 and a public switched network through private branch 
16 exchange (PBX), or centrex type service, or other multiple 
17 voice grade communication channels facility, there shall 
18 be imposed 5 such surcharges per network connection for 
19 both regular service and advanced service provisioned 
20 trunk lines.Until December 31, 2017, the surcharge shall be 
21 $0.87 per network connection and on and after January 1, 
22 2018, the surcharge shall be $1.50 per network connection.
23  (2) Each wireless carrier shall impose and collect a 
24 monthly surcharge of $0.87 per CMRS connection that either 
25 has a telephone number within an area code assigned to 
 
 
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1 Illinois by the North American Numbering Plan 
2 Administrator or has a billing address in this State. Until 
3 December 31, 2017, the surcharge shall be $0.87 per 
4 connection and on and after January 1, 2018, the surcharge 
5 shall be $1.50 per connection. 
6 (b) State and local taxes shall not apply to the surcharges 
7imposed under this Section.
8 (c) The surcharges imposed by this Section shall be stated 
9as a separately stated item on subscriber bills.
10 (d) The telecommunications carrier collecting the 
11surcharge may deduct and retain an amount not to exceed shall 
12also be entitled to deduct 3% of the gross amount of surcharge 
13collected to reimburse the telecommunications carrier for the 
14expense of accounting and collecting the surcharge. On and 
15after July 1, 2022, the wireless carrier collecting a surcharge 
16under this Section may deduct and retain an amount not to 
17exceed shall be entitled to deduct up to 3% of the gross amount 
18of the surcharge collected to reimburse the wireless carrier 
19for the expense of accounting and collecting the surcharge.
20 (e) Surcharges imposed under this Section shall be 
21collected by the carriers and, shall be remitted to the 
22Department, within 30 days of collection, remitted, either by 
23check or electronic funds transfer, by the end of the next 
24calendar month after the calendar month in which it was 
25collected to the Department for deposit into the Statewide 
269-1-1 Fund. Carriers are not required to remit surcharge moneys 
 
 
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1that are billed to subscribers but not yet collected.
2 The first remittance by wireless carriers shall include the 
3number of subscribers by zip code, and the 9-digit zip code if 
4currently being used or later implemented by the carrier, that 
5shall be the means by which the Department shall determine 
6distributions from the Statewide 9-1-1 Fund. This information 
7shall be updated at least once each year. Any carrier that 
8fails to provide the zip code information required under this 
9subsection (e) shall be subject to the penalty set forth in 
10subsection (g) of this Section.
11 (f) If, within 8 calendar 5 business days after it is due 
12under subsection (e) of this Section, a carrier does not remit 
13the surcharge or any portion thereof required under this 
14Section, then the surcharge or portion thereof shall be deemed 
15delinquent until paid in full, and the Department may impose a 
16penalty against the carrier in an amount equal to the greater 
17of:
18  (1) $25 for each month or portion of a month from the 
19 time an amount becomes delinquent until the amount is paid 
20 in full; or
21  (2) an amount equal to the product of 1% and the sum of 
22 all delinquent amounts for each month or portion of a month 
23 that the delinquent amounts remain unpaid.
24 A penalty imposed in accordance with this subsection (f) 
25for a portion of a month during which the carrier pays the 
26delinquent amount in full shall be prorated for each day of 
 
 
10000SB1839ham004- 61 -LRB100 06226 SLF 27386 a


1that month that the delinquent amount was paid in full. Any 
2penalty imposed under this subsection (f) is in addition to the 
3amount of the delinquency and is in addition to any other 
4penalty imposed under this Section.
5 (g) If, within 8 calendar 5 business days after it is due, 
6a wireless carrier does not provide the number of subscribers 
7by zip code as required under subsection (e) of this Section, 
8then the report is deemed delinquent and the Department may 
9impose a penalty against the carrier in an amount equal to the 
10greater of:
11  (1) $25 for each month or portion of a month that the 
12 report is delinquent; or
13  (2) an amount equal to the product of $0.01 and the 
14 number of subscribers served by the carrier for each month 
15 or portion of a month that the delinquent report is not 
16 provided.
17 A penalty imposed in accordance with this subsection (g) 
18for a portion of a month during which the carrier provides the 
19number of subscribers by zip code as required under subsection 
20(e) of this Section shall be prorated for each day of that 
21month during which the carrier had not provided the number of 
22subscribers by zip code as required under subsection (e) of 
23this Section. Any penalty imposed under this subsection (g) is 
24in addition to any other penalty imposed under this Section.
25 (h) A penalty imposed and collected in accordance with 
26subsection (f) or (g) of this Section shall be deposited into 
 
 
10000SB1839ham004- 62 -LRB100 06226 SLF 27386 a


1the Statewide 9-1-1 Fund for distribution according to Section 
230 of this Act.
3 (i) The Department may enforce the collection of any 
4delinquent amount and any penalty due and unpaid under this 
5Section by legal action or in any other manner by which the 
6collection of debts due the State of Illinois may be enforced 
7under the laws of this State. The Department may excuse the 
8payment of any penalty imposed under this Section if the 
9Administrator determines that the enforcement of this penalty 
10is unjust.
11 (j) Notwithstanding any provision of law to the contrary, 
12nothing shall impair the right of wireless carriers to recover 
13compliance costs for all emergency communications services 
14that are not reimbursed out of the Wireless Carrier 
15Reimbursement Fund directly from their wireless subscribers by 
16line-item charges on the wireless subscriber's bill. Those 
17compliance costs include all costs incurred by wireless 
18carriers in complying with local, State, and federal regulatory 
19or legislative mandates that require the transmission and 
20receipt of emergency communications to and from the general 
21public, including, but not limited to, E9-1-1. 

22(Source: P.A. 99-6, eff. 1-1-16.)

23 (50 ILCS 750/30)
24 (Section scheduled to be repealed on July 1, 2017)
25 Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
 
 
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1 (a) A special fund in the State treasury known as the 
2Wireless Service Emergency Fund shall be renamed the Statewide 
39-1-1 Fund. Any appropriations made from the Wireless Service 
4Emergency Fund shall be payable from the Statewide 9-1-1 Fund. 
5The Fund shall consist of the following: 
6  (1) 9-1-1 wireless surcharges assessed under the 
7 Wireless Emergency Telephone Safety Act.
8  (2) 9-1-1 surcharges assessed under Section 20 of this 
9 Act.
10  (3) Prepaid wireless 9-1-1 surcharges assessed under 
11 Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
12  (4) Any appropriations, grants, or gifts made to the 
13 Fund.
14  (5) Any income from interest, premiums, gains, or other 
15 earnings on moneys in the Fund.
16  (6) Money from any other source that is deposited in or 
17 transferred to the Fund. 
18 (b) Subject to appropriation and availability of funds, the 
19Department shall distribute the 9-1-1 surcharges monthly as 
20follows:
21  (1) From each surcharge collected and remitted under 
22 Section 20 of this Act:
23   (A) $0.013 shall be distributed monthly in equal 
24 amounts to each County Emergency Telephone System 
25 Board or qualified governmental entity in counties 
26 with a population under 100,000 according to the most 
 
 
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1 recent census data which is authorized to serve as a 
2 primary wireless 9-1-1 public safety answering point 
3 for the county and to provide wireless 9-1-1 service as 
4 prescribed by subsection (b) of Section 15.6a of this 
5 Act, and which does provide such service.
6   (B) $0.033 shall be transferred by the Comptroller 
7 at the direction of the Department to the Wireless 
8 Carrier Reimbursement Fund until June 30, 2017; from 
9 July 1, 2017 through June 30, 2018, $0.026 shall be 
10 transferred; from July 1, 2018 through June 30, 2019, 
11 $0.020 shall be transferred; from July 1, 2019, through 
12 June 30, 2020, $0.013 shall be transferred; from July 
13 1, 2020 through June 30, 2021, $0.007 will be 
14 transferred; and after June 30, 2021, no transfer shall 
15 be made to the Wireless Carrier Reimbursement Fund.
16   (C) Until December 31, 2017, $0.007 and on and 
17 after January 1, 2018, $0.017 shall be used to cover 
18 the Department's administrative costs.
19   (D) Beginning January 1, 2018, until June 30, 2020, 
20 $0.12, and on and after July 1, 2020, $0.04 shall be 
21 used to make monthly proportional grants to the 
22 appropriate 9-1-1 Authority currently taking wireless 
23 9-1-1 based upon the United States Postal Zip Code of 
24 the billing addresses of subscribers wireless 
25 carriers.
26   (E) Until June 30, 2020, $0.05 shall be used by the 
 
 
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1 Department for grants for NG9-1-1 expenses, with 
2 priority given to 9-1-1 Authorities that provide 9-1-1 
3 service within the territory of a Large Electing 
4 Provider as defined in Section 13-406.1 of the Public 
5 Utilities Act.
6   (F) On and after July 1, 2020, $0.13 shall be used 
7 for the implementation of and continuing expenses for 
8 the Statewide NG9-1-1 system. 
9  (2) After disbursements under paragraph (1) of this 
10 subsection (b), all remaining funds in the Statewide 9-1-1 
11 Fund shall be disbursed in the following priority order: 
12   (A) The Fund shall will pay monthly to: 
13    (i) the 9-1-1 Authorities that imposed 
14 surcharges under Section 15.3 of this Act and were 
15 required to report to the Illinois Commerce 
16 Commission under Section 27 of the Wireless 
17 Emergency Telephone Safety Act on October 1, 2014, 
18 except a 9-1-1 Authority in a municipality with a 
19 population in excess of 500,000, an amount equal to 
20 the average monthly wireline and VoIP surcharge 
21 revenue attributable to the most recent 12-month 
22 period reported to the Department under that 
23 Section for the October 1, 2014 filing, subject to 
24 the power of the Department to investigate the 
25 amount reported and adjust the number by order 
26 under Article X of the Public Utilities Act, so 
 
 
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1 that the monthly amount paid under this item 
2 accurately reflects one-twelfth of the aggregate 
3 wireline and VoIP surcharge revenue properly 
4 attributable to the most recent 12-month period 
5 reported to the Commission; or 
6    (ii) county qualified governmental entities 
7 that did not impose a surcharge under Section 15.3 
8 as of December 31, 2015, and counties that did not 
9 impose a surcharge as of June 30, 2015, an amount 
10 equivalent to their population multiplied by .37 
11 multiplied by the rate of $0.69; counties that are 
12 not county qualified governmental entities and 
13 that did not impose a surcharge as of December 31, 
14 2015, shall not begin to receive the payment 
15 provided for in this subsection until E9-1-1 and 
16 wireless E9-1-1 services are provided within their 
17 counties; or 
18    (iii) counties without 9-1-1 service that had 
19 a surcharge in place by December 31, 2015, an 
20 amount equivalent to their population multiplied 
21 by .37 multiplied by their surcharge rate as 
22 established by the referendum. 
23   (B) All 9-1-1 network costs for systems outside of 
24 municipalities with a population of at least 500,000 
25 shall be paid by the Department directly to the 
26 vendors.
 
 
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1   (C) All expenses incurred by the Administrator and 
2 the Statewide 9-1-1 Advisory Board and costs 
3 associated with procurement under Section 15.6b 
4 including requests for information and requests for 
5 proposals.
6   (D) Funds may be held in reserve by the Statewide 
7 9-1-1 Advisory Board and disbursed by the Department 
8 for grants under Section 15.4b of this Act Sections 
9 15.4a, 15.4b, and for NG9-1-1 expenses up to $12.5 
10 million per year in State fiscal years 2016 and 2017; 
11 up to $20 $13.5 million in State fiscal year 2018; up 
12 to $20.9 $14.4 million in State fiscal year 2019; up to 
13 $15.3 million in State fiscal year 2020; up to $16.2 
14 million in State fiscal year 2021; up to $23.1 million 
15 in State fiscal year 2022; and up to $17.0 million per 
16 year for State fiscal year 2023 and each year 
17 thereafter. The amount held in reserve in State fiscal 
18 years 2018 and 2019 shall not be less than $6.5 
19 million. Disbursements under this subparagraph (D) 
20 shall be prioritized as follows: (i) consolidation 
21 grants prioritized under subsection (a) of Section 
22 15.4b of this Act; (ii) NG 9-1-1 expenses; and (iii) 
23 consolidation grants under Section 15.4b of this Act 
24 for consolidation expenses incurred between January 1, 
25 2010, and January 1, 2016. 
26   (E) All remaining funds per remit month shall be 
 
 
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1 used to make monthly proportional grants to the 
2 appropriate 9-1-1 Authority currently taking wireless 
3 9-1-1 based upon the United States Postal Zip Code of 
4 the billing addresses of subscribers of wireless 
5 carriers. 
6 (c) The moneys deposited into the Statewide 9-1-1 Fund 
7under this Section shall not be subject to administrative 
8charges or chargebacks unless otherwise authorized by this Act.
9 (d) Whenever two or more 9-1-1 Authorities consolidate, the 
10resulting Joint Emergency Telephone System Board shall be 
11entitled to the monthly payments that had theretofore been made 
12to each consolidating 9-1-1 Authority. Any reserves held by any 
13consolidating 9-1-1 Authority shall be transferred to the 
14resulting Joint Emergency Telephone System Board. Whenever a 
15county that has no 9-1-1 service as of January 1, 2016 enters 
16into an agreement to consolidate to create or join a Joint 
17Emergency Telephone System Board, the Joint Emergency 
18Telephone System Board shall be entitled to the monthly 
19payments that would have otherwise been paid to the county if 
20it had provided 9-1-1 service. 

21(Source: P.A. 99-6, eff. 1-1-16.)

22 (50 ILCS 750/35)
23 (Section scheduled to be repealed on July 1, 2017)
24 Sec. 35. 9-1-1 surcharge; allowable expenditures. Except 
25as otherwise provided in this Act, expenditures from surcharge 
 
 
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1revenues received under this Act may be made by municipalities, 
2counties, and 9-1-1 Authorities only to pay for the costs 
3associated with the following:
4  (1) The design of the Emergency Telephone System.
5  (2) The coding of an initial Master Street Address 
6 Guide database, and update and maintenance thereof.
7  (3) The repayment of any moneys advanced for the 
8 implementation of the system.
9  (4) The charges for Automatic Number Identification 
10 and Automatic Location Identification equipment, a 
11 computer aided dispatch system that records, maintains, 
12 and integrates information, mobile data transmitters 
13 equipped with automatic vehicle locators, and maintenance, 
14 replacement, and update thereof to increase operational 
15 efficiency and improve the provision of emergency 
16 services.
17  (5) The non-recurring charges related to installation 
18 of the Emergency Telephone System.
19  (6) The initial acquisition and installation, or the 
20 reimbursement of costs therefor to other governmental 
21 bodies that have incurred those costs, of road or street 
22 signs that are essential to the implementation of the 
23 Emergency Telephone System and that are not duplicative of 
24 signs that are the responsibility of the jurisdiction 
25 charged with maintaining road and street signs. Funds may 
26 not be used for ongoing expenses associated with road or 
 
 
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1 street sign maintenance and replacement. 
2  (7) Other products and services necessary for the 
3 implementation, upgrade, and maintenance of the system and 
4 any other purpose related to the operation of the system, 
5 including costs attributable directly to the construction, 
6 leasing, or maintenance of any buildings or facilities or 
7 costs of personnel attributable directly to the operation 
8 of the system. Costs attributable directly to the operation 
9 of an emergency telephone system do not include the costs 
10 of public safety agency personnel who are and equipment 
11 that is dispatched in response to an emergency call.
12  (8) The defraying of expenses incurred to implement 
13 Next Generation 9-1-1, subject to the conditions set forth 
14 in this Act.
15  (9) The implementation of a computer aided dispatch 
16 system or hosted supplemental 9-1-1 services.
17  (10) The design, implementation, operation, 
18 maintenance, or upgrade of wireless 9-1-1, or E9-1-1, or 
19 NG9-1-1 emergency services and public safety answering 
20 points. 
21 Moneys in the Statewide 9-1-1 Fund may also be transferred 
22to a participating fire protection district to reimburse 
23volunteer firefighters who man remote telephone switching 
24facilities when dedicated 9-1-1 lines are down.
25 In the case of a municipality with a population over 
26500,000, moneys may also be used for any anti-terrorism or 
 
 
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1emergency preparedness measures, including, but not limited 
2to, preparedness planning, providing local matching funds for 
3federal or State grants, personnel training, and specialized 
4equipment, including surveillance cameras, as needed to deal 
5with natural and terrorist-inspired emergency situations or 
6events. 

7(Source: P.A. 99-6, eff. 1-1-16.)

8 (50 ILCS 750/40)
9 (Section scheduled to be repealed on July 1, 2017)
10 Sec. 40. Financial reports.
11 (a) The Department shall create uniform accounting 
12procedures, with such modification as may be required to give 
13effect to statutory provisions applicable only to 
14municipalities with a population in excess of 500,000, that any 
15emergency telephone system board, qualified governmental 
16entity, or unit of local government receiving surcharge money 
17pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
18 (b) By January 31, 2018, and every January 31 thereafter 
19October 1, 2016, and every October 1 thereafter, each emergency 
20telephone system board, qualified governmental entity, or unit 
21of local government receiving surcharge money pursuant to 
22Section 15.3, 15.3a, or 30 shall report to the Department 
23audited financial statements showing total revenue and 
24expenditures for the period beginning with the end of the 
25period covered by the last submitted report through the end of 
 
 
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1the previous calendar year previous fiscal year in a form and 
2manner as prescribed by the Department. Such financial 
3information shall include: 
4  (1) a detailed summary of revenue from all sources 
5 including, but not limited to, local, State, federal, and 
6 private revenues, and any other funds received;
7  (2) all expenditures made during the reporting period 
8 from distributions under this Act; operating expenses, 
9 capital expenditures, and cash balances; and
10  (3) call data and statistics, when available, from the 
11 reporting period, as specified by the Department and 
12 collected in accordance with any reporting method 
13 established or required such other financial information 
14 that is relevant to the provision of 9-1-1 services as 
15 determined by the Department; .
16  (4) all costs associated with dispatching appropriate 
17 public safety agencies to respond to 9-1-1 calls received 
18 by the PSAP; and
19  (5) all funding sources and amounts of funding used for 
20 costs described in paragraph (4) of this subsection (b). 
21 The emergency telephone system board, qualified 
22governmental entity, or unit of local government is responsible 
23for any costs associated with auditing such financial 
24statements. The Department shall post the audited financial 
25statements on the Department's website. 
26 (c) Along with its audited financial statement, each 
 
 
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1emergency telephone system board, qualified governmental 
2entity, or unit of local government receiving a grant under 
3Section 15.4b of this Act shall include a report of the amount 
4of grant moneys received and how the grant moneys were used. In 
5case of a conflict between this requirement and the Grant 
6Accountability and Transparency Act, or with the rules of the 
7Governor's Office of Management and Budget adopted thereunder, 
8that Act and those rules shall control.
9 (d) If an emergency telephone system board or qualified 
10governmental entity that receives funds from the Statewide 
119-1-1 Fund fails to file the 9-1-1 system financial reports as 
12required under this Section, the Department shall suspend and 
13withhold monthly disbursements otherwise due to the emergency 
14telephone system board or qualified governmental entity under 
15Section 30 of this Act until the report is filed.
16 Any monthly disbursements that have been withheld for 12 
17months or more shall be forfeited by the emergency telephone 
18system board or qualified governmental entity and shall be 
19distributed proportionally by the Department to compliant 
20emergency telephone system boards and qualified governmental 
21entities that receive funds from the Statewide 9-1-1 Fund.
22 Any emergency telephone system board or qualified 
23governmental entity not in compliance with this Section shall 
24be ineligible to receive any consolidation grant or 
25infrastructure grant issued under this Act.
26 (e) The Department may adopt emergency rules necessary to 
 
 
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1implement the provisions of this Section. 

2 (f) Any findings or decisions of the Department under this 
3Section shall be deemed a final administrative decision and 
4shall be subject to judicial review under the Administrative 
5Review Law. 
6 (g) Beginning October 1, 2017, the Department shall provide 
7a quarterly report to the Board of its expenditures from the 
8Statewide 9-1-1 Fund for the prior fiscal quarter. 
9(Source: P.A. 99-6, eff. 1-1-16.)

10 (50 ILCS 750/55)
11 (Section scheduled to be repealed on July 1, 2017)
12 Sec. 55. Public disclosure. Because of the highly 
13competitive nature of the wireless telephone industry, public 
14disclosure of information about surcharge moneys paid by 
15wireless carriers could have the effect of stifling competition 
16to the detriment of the public and the delivery of wireless 
179-1-1 services. Therefore, the Illinois Commerce Commission, 
18the Department of State Police, governmental agencies, and 
19individuals with access to that information shall take 
20appropriate steps to prevent public disclosure of this 
21information. Information and data supporting the amount and 
22distribution of surcharge moneys collected and remitted by an 
23individual wireless carrier shall be deemed exempt information 
24for purposes of the Freedom of Information Act and shall not be 
25publicly disclosed. The gross amount paid by all carriers shall 
 
 
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1not be deemed exempt and may be publicly disclosed.

2(Source: P.A. 99-6, eff. 1-1-16.)

3 (50 ILCS 750/99)
4 (Section scheduled to be repealed on July 1, 2017)
5 Sec. 99. Repealer. This Act is repealed on December 31, 
62020 July 1, 2017.

7(Source: P.A. 99-6, eff. 6-29-15.)

8 Section 20. The Prepaid Wireless 9-1-1 Surcharge Act is 
9amended by changing Section 15 as follows:

10 (50 ILCS 753/15)

11 Sec. 15. Prepaid wireless 9-1-1 surcharge. 
12 (a) Until September 30, 2015, there is hereby imposed on 
13consumers a prepaid wireless 9-1-1 surcharge of 1.5% per retail 
14transaction. Beginning October 1, 2015, the prepaid wireless 
159-1-1 surcharge shall be 3% per retail transaction.
The 
16surcharge authorized by this subsection (a) does not apply in a 
17home rule municipality having a population in excess of 
18500,000.
19 (a-5) On or after the effective date of this amendatory Act 
20of the 98th General Assembly and until December 31, 2020, July 
211, 2017, a home rule municipality having a population in excess 
22of 500,000 on the effective date of this amendatory Act may 
23impose a prepaid wireless 9-1-1 surcharge not to exceed 9% per 
 
 
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1retail transaction sourced to that jurisdiction and collected 
2and remitted in accordance with the provisions of subsection 
3(b-5) of this Section. On or after January 1, 2021, July 1, 
42017, a home rule municipality having a population in excess of 
5500,000 on the effective date of this Act may only impose a 
6prepaid wireless 9-1-1 surcharge not to exceed 7% per retail 
7transaction sourced to that jurisdiction and collected and 
8remitted in accordance with the provisions of subsection (b-5). 
9 (b) The prepaid wireless 9-1-1 surcharge shall be collected 
10by the seller from the consumer with respect to each retail 
11transaction occurring in this State and shall be remitted to 
12the Department by the seller as provided in this Act. The 
13amount of the prepaid wireless 9-1-1 surcharge shall be 
14separately stated as a distinct item apart from the charge for 
15the prepaid wireless telecommunications service on an invoice, 
16receipt, or other similar document that is provided to the 
17consumer by the seller or shall be otherwise disclosed to the 
18consumer.
If the seller does not separately state the surcharge 
19as a distinct item to the consumer as provided in this Section, 
20then the seller shall maintain books and records as required by 
21this Act which clearly identify the amount of the 9-1-1 
22surcharge for retail transactions.
23 For purposes of this subsection (b), a retail transaction 
24occurs in this State if (i) the retail transaction is made in 
25person by a consumer at the seller's business location and the 
26business is located within the State; (ii) the seller is a 
 
 
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1provider and sells prepaid wireless telecommunications service 
2to a consumer located in Illinois; (iii) the retail transaction 
3is treated as occurring in this State for purposes of the 
4Retailers' Occupation Tax Act; or (iv) a seller that is 
5included within the definition of a "retailer maintaining a 
6place of business in this State" under Section 2 of the Use Tax 
7Act makes a sale of prepaid wireless telecommunications service 
8to a consumer located in Illinois. In the case of a retail 
9transaction which does not occur in person at a seller's 
10business location, if a consumer uses a credit card to purchase 
11prepaid wireless telecommunications service on-line or over 
12the telephone, and no product is shipped to the consumer, the 
13transaction occurs in this State if the billing address for the 
14consumer's credit card is in this State.
15 (b-5) The prepaid wireless 9-1-1 surcharge imposed under 
16subsection (a-5) of this Section shall be collected by the 
17seller from the consumer with respect to each retail 
18transaction occurring in the municipality imposing the 
19surcharge. The amount of the prepaid wireless 9-1-1 surcharge 
20shall be separately stated on an invoice, receipt, or other 
21similar document that is provided to the consumer by the seller 
22or shall be otherwise disclosed to the consumer. If the seller 
23does not separately state the surcharge as a distinct item to 
24the consumer as provided in this Section, then the seller shall 
25maintain books and records as required by this Act which 
26clearly identify the amount of the 9-1-1 surcharge for retail 
 
 
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1transactions.
2 For purposes of this subsection (b-5), a retail transaction 
3occurs in the municipality if (i) the retail transaction is 
4made in person by a consumer at the seller's business location 
5and the business is located within the municipality; (ii) the 
6seller is a provider and sells prepaid wireless 
7telecommunications service to a consumer located in the 
8municipality; (iii) the retail transaction is treated as 
9occurring in the municipality for purposes of the Retailers' 
10Occupation Tax Act; or (iv) a seller that is included within 
11the definition of a "retailer maintaining a place of business 
12in this State" under Section 2 of the Use Tax Act makes a sale 
13of prepaid wireless telecommunications service to a consumer 
14located in the municipality. In the case of a retail 
15transaction which does not occur in person at a seller's 
16business location, if a consumer uses a credit card to purchase 
17prepaid wireless telecommunications service on-line or over 
18the telephone, and no product is shipped to the consumer, the 
19transaction occurs in the municipality if the billing address 
20for the consumer's credit card is in the municipality.
21 (c) The prepaid wireless 9-1-1 surcharge is imposed on the 
22consumer and not on any provider. The seller shall be liable to 
23remit all prepaid wireless 9-1-1 surcharges that the seller 
24collects from consumers as provided in Section 20, including 
25all such surcharges that the seller is deemed to collect where 
26the amount of the surcharge has not been separately stated on 
 
 
10000SB1839ham004- 79 -LRB100 06226 SLF 27386 a


1an invoice, receipt, or other similar document provided to the 
2consumer by the seller.
The surcharge collected or deemed 
3collected by a seller shall constitute a debt owed by the 
4seller to this State, and any such surcharge actually collected 
5shall be held in trust for the benefit of the Department.
6 For purposes of this subsection (c), the surcharge shall 
7not be imposed or collected from entities that have an active 
8tax exemption identification number issued by the Department 
9under Section 1g of the Retailers' Occupation Tax Act.
10 (d) The amount of the prepaid wireless 9-1-1 surcharge that 
11is collected by a seller from a consumer, if such amount is 
12separately stated on an invoice, receipt, or other similar 
13document provided to the consumer by the seller, shall not be 
14included in the base for measuring any tax, fee, surcharge, or 
15other charge that is imposed by this State, any political 
16subdivision of this State, or any intergovernmental agency.

17 (e) (Blank).

18 (e-5) Any changes in the rate of the surcharge imposed by a 
19municipality under the authority granted in subsection (a-5) of 
20this Section shall be effective on the first day of the first 
21calendar month to occur at least 60 days after the enactment of 
22the change. The Department shall provide not less than 30 days' 
23notice of the increase or reduction in the rate of such 
24surcharge on the Department's website.
25 (f) When prepaid wireless telecommunications service is 
26sold with one or more other products or services for a single, 
 
 
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1non-itemized price, then the percentage specified in 
2subsection (a) or (a-5) of this Section 15 shall be applied to 
3the entire non-itemized price unless the seller elects to apply 
4the percentage to (i) the dollar amount of the prepaid wireless 
5telecommunications service if that dollar amount is disclosed 
6to the consumer or (ii) the portion of the price that is 
7attributable to the prepaid wireless telecommunications 
8service if the retailer can identify that portion by reasonable 
9and verifiable standards from its books and records that are 
10kept in the regular course of business for other purposes, 
11including, but not limited to, books and records that are kept 
12for non-tax purposes. However, if a minimal amount of prepaid 
13wireless telecommunications service is sold with a prepaid 
14wireless device for a single, non-itemized price, then the 
15seller may elect not to apply the percentage specified in 
16subsection (a) or (a-5) of this Section 15 to such transaction. 
17For purposes of this subsection, an amount of service 
18denominated as 10 minutes or less or $5 or less is considered 
19minimal.

20 (g) The prepaid wireless 9-1-1 surcharge imposed under 
21subsections (a) and (a-5) of this Section is not imposed on the 
22provider or the consumer for wireless Lifeline service where 
23the consumer does not pay the provider for the service. Where 
24the consumer purchases from the provider optional minutes, 
25texts, or other services in addition to the federally funded 
26Lifeline benefit, a consumer must pay the prepaid wireless 
 
 
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19-1-1 surcharge, and it must be collected by the seller 
2according to subsection (b-5). 
3(Source: P.A. 98-634, eff. 6-6-14; 99-6, eff. 6-29-15.)

4 Section 25. The Public Utilities Act is amended by changing 
5Sections 13-102, 13-103, 13-230, 13-301.1, 13-406, 13-506.2, 
613-703, 13-1200, 21-401, and 21-1601 and by adding Section 
713-406.1 as follows:




8 (220 ILCS 5/13-102) (from Ch. 111 2/3, par. 13-102)



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

10 Sec. 13-102. Findings. With respect to telecommunications 
11services, as
herein defined, the General Assembly finds that:

12 (a) universally available and widely affordable 
13telecommunications
services are essential to the health, 
14welfare and prosperity of all Illinois
citizens;

15 (b) federal regulatory and judicial rulings in the 1980s 
16caused a
restructuring of the telecommunications industry and 
17opened some
aspects of the industry to competitive entry, 
18thereby necessitating
revision of State telecommunications 
19regulatory policies and practices;

20 (c) revisions in telecommunications regulatory policies 
21and practices in
Illinois beginning in the mid-1980s brought 
22the benefits of competition to
consumers in many 
23telecommunications markets, but not in local exchange

24telecommunications service markets;

 
 
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1 (d) the federal Telecommunications Act of 1996 established 
2the goal of
opening all telecommunications service markets to 
3competition and
accords to the states the responsibility to 
4establish and enforce
policies necessary to attain that goal;

5 (e) it is in the immediate interest of the People of the 
6State of Illinois
for the State to exercise its rights within 
7the new framework of federal
telecommunications policy to 
8ensure that the economic benefits of competition
in all 
9telecommunications service markets are realized as
effectively 
10as possible;

11 (f) the competitive offering of all telecommunications 
12services
will increase innovation and efficiency in the 
13provision of
telecommunications services and may lead to 
14reduced prices for consumers,
increased investment in 
15communications infrastructure, the creation of new
jobs, and 
16the attraction of new businesses to Illinois; and

17 (g) protection of the public interest requires changes in 
18the regulation of
telecommunications carriers and services to 
19ensure, to the maximum feasible
extent, the reasonable and 
20timely development of effective competition in all

21telecommunications service markets; .

22 (h) Illinois residents rely on today's modern wired and 
23wireless Internet Protocol (IP) networks and services to 
24improve their lives by connecting them to school and college 
25degrees, work and job opportunities, family and friends, 
26information, and entertainment, as well as emergency 
 
 
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1responders and public safety officials; Illinois businesses 
2rely on these modern IP networks and services to compete in a 
3global marketplace by expanding their customer base, managing 
4inventory and operations more efficiently, and offering 
5customers specialized and personalized products and services; 
6without question, Illinois residents and our State's economy 
7rely profoundly on the modern wired and wireless IP networks 
8and services in our State;
9 (i) the transition from 20th century traditional circuit 
10switched and other legacy telephone services to modern 21st 
11century next generation Internet Protocol (IP) services is 
12taking place at an extraordinary pace as Illinois consumers are 
13upgrading to home communications service using IP technology, 
14including high speed Internet, Voice over Internet Protocol, 
15and wireless service;
16 (j) this rapid transition to IP-based communications has 
17dramatically transformed the way people communicate and has 
18provided significant benefits to consumers in the form of 
19innovative functionalities resulting from the seamless 
20convergence of voice, video, and text, benefits realized by the 
21General Assembly when it chose to transition its own 
22telecommunications system to an all IP communications network 
23in 2016;
24 (k) the benefits of the transition to IP-based networks and 
25services were also recognized by the General Assembly in 2015 
26through the enactment of legislation requiring that every 9-1-1 
 
 
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1emergency system in Illinois provide Next Generation 9-1-1 
2service by July 1, 2020, and requiring that the Next Generation 
39-1-1 network must be an IP-based platform; and
4 (l) completing the transition to all IP-based networks and 
5technologies is in the public interest because it will promote 
6continued innovation, consumer benefits, increased 
7efficiencies, and increased investment in IP-based networks 
8and services. 
9(Source: P.A. 90-185, eff. 7-23-97.)





10 (220 ILCS 5/13-103) (from Ch. 111 2/3, par. 13-103)



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

12 Sec. 13-103. Policy. Consistent with its findings, the 
13General Assembly
declares that it is the policy of the State of 
14Illinois that:

15 (a) telecommunications services should be
available to all 
16Illinois
citizens at just, reasonable, and affordable rates and 
17that such services
should be provided as widely and 
18economically as possible in sufficient
variety, quality, 
19quantity and reliability to satisfy the public interest;

20 (b) consistent with the protection of consumers of

21telecommunications services and the furtherance of other 
22public interest
goals, competition in all telecommunications 
23service markets should be
pursued as a
substitute for 
24regulation in determining the variety, quality and price
of 
25telecommunications services and that the economic burdens of 
 
 
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1regulation
should be reduced to the extent possible consistent 
2with the furtherance of
market competition and protection of 
3the
public interest;

4 (c) all necessary and appropriate modifications to State 
5regulation of
telecommunications carriers and services should 
6be implemented without
unnecessary disruption to the 
7telecommunications
infrastructure
system or to consumers of

8telecommunications services and that it is necessary and 
9appropriate to
establish rules to encourage and ensure orderly

10transitions in the development of markets for all

11telecommunications services;

12 (d) the consumers of telecommunications services and 
13facilities provided
by persons or companies subject to 
14regulation pursuant to this Act and Article
should be required 
15to pay only reasonable and non-discriminatory rates or
charges 
16and that in no case should rates or charges for non-competitive

17telecommunications services include any portion of the cost of 
18providing
competitive telecommunications services, as defined 
19in Section 13-209, or
the cost of any nonregulated activities;

20 (e) the regulatory policies and procedures provided in this 
21Article are
established in recognition of the changing nature 
22of the telecommunications
industry and therefore should be 
23subject to systematic legislative review to
ensure that the 
24public benefits intended to result from such policies and

25procedures are fully realized; and

26 (f) development of and prudent investment in advanced

 
 
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1telecommunications services and networks that foster economic 
2development
of the State
should be encouraged through the 
3implementation and enforcement of policies
that promote 
4effective and sustained competition in all
telecommunications 
5service markets; and .

6 (g) completion of the transition to modern IP-based 
7networks should be encouraged through relief from the outdated 
8regulations that require continued investment in legacy 
9circuit switched networks from which Illinois consumers have 
10largely transitioned, while at the same time ensuring that 
11consumers have access to available alternative services that 
12provide quality voice service and access to emergency 
13communications. 
14(Source: P.A. 90-185, eff. 7-23-97.)


15 (220 ILCS 5/13-230)
16 (Section scheduled to be repealed on July 1, 2017)
17 Sec. 13-230. Prepaid calling service.  "Prepaid calling 
18service" means telecommunications service that must be paid for 
19in advance by an end user, enables the end user to originate 
20calls using an access number or authorization code, whether 
21manually or electronically dialed, and is sold in predetermined 
22units or dollars of which the number declines with use in a 
23known amount. A prepaid calling service call is a call made by 
24an end user using prepaid calling service. "Prepaid calling 
25service" does not include a wireless telecommunications 
 
 
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1service that allows a caller to dial 9-1-1 to access the 9-1-1 
2system, which service must be paid for in advance, and is sold 
3in predetermined units or dollars and the amount declines with 
4use in a known amount prepaid wireless telecommunications 
5service as defined in Section 10 of the Wireless Emergency 
6Telephone Safety Act.

7(Source: P.A. 97-463, eff. 1-1-12.)




8 (220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)


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

10 Sec. 13-301.1. Universal Telephone Service Assistance 
11Program. 

12 (a) The Commission shall by rule or regulation establish a 
13Universal
Telephone Service Assistance Program for low income 
14residential customers.
The program shall provide for a 
15reduction of access line charges, a
reduction of connection 
16charges, or any other alternative assistance or program to 
17increase
accessibility to telephone service and broadband 
18Internet access service that the Commission deems advisable

19subject to the availability of funds for the program as 
20provided in subsections
subsection (d) and (e). The Commission 
21shall establish eligibility
requirements
for benefits under 
22the program.

23 (b) The Commission shall adopt rules providing for enhanced 
24enrollment for
eligible consumers to receive lifeline service. 
25Enhanced enrollment may
include, but is not limited to, joint 
 
 
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1marketing, joint application, or joint
processing with the 
2Low-Income Home Energy Assistance Program, the Medicaid

3Program, and the Food Stamp Program. The Department of Human 
4Services, the
Department of Healthcare and Family Services, and 
5the Department of Commerce and Economic Opportunity,
upon 
6request of the Commission, shall assist in the adoption and 
7implementation
of those rules. The Commission and the 
8Department of Human Services, the
Department of Healthcare and 
9Family Services, and the Department of Commerce and Economic 
10Opportunity
may enter into memoranda of understanding 
11establishing the respective duties of
the Commission and the 
12Departments in relation to enhanced enrollment.

13 (c) In this Section: , 
14  "Lifeline "lifeline service" means a retail local 
15 service
offering described by 47 CFR C.F.R. Section 
16 54.401(a), as amended. 

17 (d) The Commission shall require by rule or regulation that 
18each
telecommunications carrier providing local exchange 
19telecommunications
services notify its customers that if the 
20customer wishes to participate in
the funding of the Universal 
21Telephone Service Assistance Program he may do
so by electing 
22to contribute, on a monthly basis, a fixed amount that will
be 
23included in the customer's monthly bill. The customer may cease

24contributing at any time upon providing notice to the 
25telecommunications
carrier providing local exchange 
26telecommunications services. The notice
shall state that any 
 
 
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1contribution made will not reduce the customer's bill
for 
2telecommunications services. Failure to remit the amount of 
3increased
payment will reduce the contribution accordingly. 
4The Commission shall
specify the monthly fixed amount or 
5amounts that customers wishing to
contribute to the funding of 
6the Universal Telephone Service Assistance
Program may choose 
7from in making their contributions. Every
telecommunications 
8carrier providing local exchange telecommunications
services 
9shall remit the amounts contributed in accordance with the 
10terms
of the Universal Telephone Service Assistance Program.

11 (e) Amounts collected and remitted under subsection (d) 
12may, to the extent the Commission deems advisable, be used for 
13funding a program to be administered by the entity designated 
14by the Commission as administrator of the Universal Telephone 
15Service Assistance Program for educating and assisting 
16low-income residential customers with a transition to Internet 
17protocol-based networks and services. This program may 
18include, but need not be limited to, measures designed to 
19notify and educate residential customers regarding the 
20availability of alternative voice services with access to 
219-1-1, access to and use of broadband Internet access service, 
22and pricing options. 
23(Source: P.A. 94-793, eff. 5-19-06; 95-331, eff. 8-21-07.)"; 
24and





25 (220 ILCS 5/13-406) (from Ch. 111 2/3, par. 13-406)



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

2 Sec. 13-406. Abandonment of service. No telecommunications 
3carrier offering or providing
noncompetitive 
4telecommunications service pursuant to a valid
Certificate of 
5Service Authority or certificate of public convenience and

6necessity shall discontinue or abandon such service once 
7initiated until
and unless it shall demonstrate, and the 
8Commission finds, after notice and
hearing, that such 
9discontinuance or abandonment will not deprive customers
of any 
10necessary or essential telecommunications service or access 
11thereto
and is not otherwise contrary to the public interest. 
12No
telecommunications carrier offering or providing 
13competitive
telecommunications service shall completely 
14discontinue or abandon such service to an identifiable class or 
15group of customers once
initiated except upon 60 days notice to 
16the Commission and affected
customers. The Commission may, upon 
17its own motion or upon complaint,
investigate the proposed 
18discontinuance or abandonment of a competitive

19telecommunications service and may, after notice and hearing, 
20prohibit such
proposed discontinuance or abandonment if the 
21Commission finds that it
would be contrary to the public 
22interest. If the Commission does not provide notice of a 
23hearing within 60 calendar days after the notification or holds 
24a hearing and fails to find that the proposed discontinuation 
25or abandonment would be contrary to the public interest, the 
26provider may discontinue or abandon such service after 
 
 
10000SB1839ham004- 91 -LRB100 06226 SLF 27386 a


1providing at least 30 days notice to affected customers. This 
2Section does not apply to a Large Electing Provider proceeding 
3under Section 13-406.1. 

4(Source: P.A. 96-927, eff. 6-15-10.)


5 (220 ILCS 5/13-406.1 new)
6 Sec. 13-406.1. Large Electing Provider transition to 
7IP-based networks and service.
8 (a) As used in this Section:
9 "Alternative voice service" means service that includes 
10all of the applicable functionalities for voice telephony 
11services described in 47 CFR 54.101(a).
12 "Existing customer" means a residential customer of the 
13Large Electing Provider who is subscribing to a 
14telecommunications service on the date the Large Electing 
15Provider sends its notice under paragraph (1) of subsection (c) 
16of this Section of its intent to cease offering and providing 
17service. For purposes of this Section, a residential customer 
18of the Large Electing Provider whose service has been 
19temporarily suspended, but not finally terminated as of the 
20date that the Large Electing Provider sends that notice, shall 
21be deemed to be an "existing customer".
22 "Large Electing Provider" means an Electing Provider, as 
23defined in Section 13-506.2 of this Act, that (i) reported in 
24its annual competition report for the year 2016 filed with the 
25Commission under Section 13-407 of this Act and 83 Ill. Adm. 
 
 
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1Code 793 that it provided at least 700,000 access lines to end 
2users; and (ii) is affiliated with a provider of commercial 
3mobile radio service, as defined in 47 CFR 20.3, as of January 
41, 2017.
5 "New customer" means a residential customer who is not 
6subscribing to a telecommunications service provided by the 
7Large Electing Provider on the date the Large Electing Provider 
8sends its notice under paragraph (1) of subsection (c) of this 
9Section of its intent to cease offering and providing that 
10service.
11 "Provider" includes every corporation, company, 
12association, firm, partnership, and individual and their 
13lessees, trustees, or receivers appointed by a court that sell 
14or offer to sell an alternative voice service.
15 "Reliable access to 9-1-1" means access to 9-1-1 that 
16complies with the applicable rules, regulations, and 
17guidelines established by the Federal Communications 
18Commission and the applicable provisions of the Emergency 
19Telephone System Act and implementing rules.
20 "Willing provider" means a provider that voluntarily 
21participates in the request for service process.
22 (b) Beginning June 30, 2017, a Large Electing Provider may, 
23to the extent permitted by and consistent with federal law, 
24including, as applicable, approval by the Federal 
25Communications Commission of the discontinuance of the 
26interstate-access component of a telecommunications service, 
 
 
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1cease to offer and provide a telecommunications service to an 
2identifiable class or group of customers, other than voice 
3telecommunications service to residential customers or a 
4telecommunications service to a class of customers under 
5subsection (b-5) of this Section, upon 60 days notice to the 
6Commission and affected customers.
7 (b-5) Notwithstanding any provision to the contrary in this 
8Section 13-406.1, beginning December 31, 2021, a Large Electing 
9Provider may, to the extent permitted by and consistent with 
10federal law, including, if applicable, approval by the Federal 
11Communications Commission of the discontinuance of the 
12interstate-access component of a telecommunication service, 
13cease to offer and provide a telecommunications service to one 
14or more of the following classes or groups of customers upon 60 
15days notice to the Commission and affected customers: (1) 
16electric utilities, as defined in Section 16-102 of this Act; 
17(2) public utilities, as defined in Section 3-105 of this Act, 
18that offers natural gas or water services; (3) electric, gas, 
19and water utilities that are excluded from the definition of 
20public utility under paragraph (1) of subsection (b) of Section 
213-105 of this Act; (4) water companies as described in 
22paragraph (2) of subsection (b) of Section 3-105 of this Act; 
23(5) natural gas cooperatives as described in paragraph (4) of 
24subsection (b) of Section 3-105 of this Act; (6) electric 
25cooperatives as defined in Section 3-119 of this Act; (7) 
26entities engaged in the commercial generation of electric power 
 
 
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1and energy; (8) the functional divisions of public agencies, as 
2defined in Section 2 of the Emergency Telephone System Act, 
3that provide police or firefighting services; and (9) 9-1-1 
4Authorities, as defined in Section 2 of the Emergency Telephone 
5System Act; provided that the date shall be extended to 
6December 21, 2022, for (i) an electric utility, as defined in 
7Section 16-102 of this Act, that serves more than 3 million 
8customers in the State; and (ii) an entity engaged in the 
9commercial generation of electric power and energy that 
10operates one or more nuclear power plants in the State. 
11 (c) Beginning June 30, 2017, a Large Electing Provider may, 
12to the extent permitted by and consistent with federal law, 
13cease to offer and provide voice telecommunications service to 
14an identifiable class or group of residential customers, which, 
15for the purposes of this subsection (c), shall be referred to 
16as "requested service", subject to compliance with the 
17following requirements:
18  (1) No less than 255 days prior to providing notice to 
19 the Federal Communications Commission of its intent to 
20 discontinue the interstate-access component of the 
21 requested service, the Large Electing Provider shall:
22   (A) file a notice of the proposed cessation of the 
23 requested service with the Commission; and
24   (B) provide notice of the proposed cessation of the 
25 requested service to each of the Large Electing 
26 Provider's existing customers within the affected 
 
 
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1 geographic area by first-class mail separate from 
2 customer bills. If the customer has elected to receive 
3 electronic billing, the notice shall be sent 
4 electronically and by first-class mail separate from 
5 customer bills. The notice provided under this 
6 subparagraph (B) shall describe the requested service, 
7 identify the earliest date on which the Large Electing 
8 Provider intends to cease offering or providing the 
9 telecommunications service, provide a telephone number 
10 by which the existing customer may contact a service 
11 representative of the Large Electing Provider, and 
12 provide a telephone number by which the existing 
13 customer may contact the Commission's Consumer 
14 Services Division. The notice shall also include the 
15 following statement:
16    "If you do not believe that an alternative 
17 voice service including reliable access to 9-1-1 
18 is available to you, from either [name of Large 
19 Electing Provider] or another provider of wired or 
20 wireless voice service where you live, you have the 
21 right to request the Illinois Commerce Commission 
22 to investigate the availability of alternative 
23 voice service including reliable access to 9-1-1. 
24 To do so, you must submit such a request either in 
25 writing or by signing and returning a copy of this 
26 notice, no later than (insert date), 60 days after 
 
 
10000SB1839ham004- 96 -LRB100 06226 SLF 27386 a


1 the date of the notice to the following address:
2   Chief Clerk of the Illinois Commerce Commission
3   527 East Capitol Avenue
4   Springfield, Illinois 62706
5    You must include in your request a reference to 
6 the notice you received from [Large Electing 
7 Provider's name] and the date of notice.".
8   Thirty days following the date of notice, the Large 
9 Electing Provider shall provide each customer to which 
10 the notice was sent a follow-up notice containing the 
11 same information and reminding customers of the 
12 deadline for requesting the Commission to investigate 
13 alternative voice service with access to 9-1-1.
14  (2) After June 30, 2017, and only in a geographic area 
15 for which a Large Electing Provider has provided notice of 
16 proposed cessation of the requested service to existing 
17 customers under paragraph (1) of this subsection (c), an 
18 existing customer of that provider may, within 60 days 
19 after issuance of such notice, request the Commission to 
20 investigate the availability of alternative voice service 
21 including reliable access to 9-1-1 to that customer. For 
22 the purposes of this paragraph (2), existing customers who 
23 make such a request are referred to as "requesting existing 
24 customers". The Large Electing Provider may cease to offer 
25 or provide the requested service to existing customers who 
26 do not make a request for investigation beginning 30 days 
 
 
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1 after issuance of the notice required by paragraph (5) of 
2 this subsection (c).
3   (A) In response to all requests and investigations 
4 under this paragraph (2), the Commission shall conduct 
5 a single investigation to be commenced 75 days after 
6 the receipt of notice under paragraph (1) of this 
7 subsection (c), and completed within 135 days after 
8 commencement. The Commission shall, within 135 days 
9 after commencement of the investigation, make one of 
10 the findings described in subdivisions (i) and (ii) of 
11 this subparagraph (A) for each requesting existing 
12 customer.
13    (i) If, as a result of the investigation, the 
14 Commission finds that service from at least one 
15 provider offering alternative voice service 
16 including reliable access to 9-1-1 through any 
17 technology or medium is available to one or more 
18 requesting existing customers, the Commission 
19 shall declare by order that, with respect to each 
20 requesting existing customer for which such a 
21 finding is made, the Large Electing Provider may 
22 cease to offer or provide the requested service 
23 beginning 30 days after the issuance of the notice 
24 required by paragraph (5) of this subsection (c).
25    (ii) If, as a result of the investigation, the 
26 Commission finds that service from at least one 
 
 
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1 provider offering alternative voice service, 
2 including reliable access to 9-1-1, through any 
3 technology or medium is not available to one or 
4 more requesting existing customers, the Commission 
5 shall declare by order that an emergency exists 
6 with respect to each requesting existing customer 
7 for which such a finding is made.
8   (B) If the Commission declares an emergency under 
9 subdivision (ii) of subparagraph (A) of this paragraph 
10 (2) with respect to one or more requesting existing 
11 customers, the Commission shall conduct a request for 
12 service process to identify a willing provider of 
13 alternative voice service including reliable access to 
14 9-1-1. A provider shall not be required to participate 
15 in the request for service process. The willing 
16 provider may utilize any form of technology that is 
17 capable of providing alternative voice service 
18 including reliable access to 9-1-1, including, without 
19 limitation, Voice over Internet Protocol services and 
20 wireless services. The Commission shall, within 45 
21 days after the issuance of an order finding that an 
22 emergency exists, make one of the determinations 
23 described in subdivisions (i) and (ii) of this 
24 subparagraph (B) for each requesting existing customer 
25 for which an emergency has been declared.
26    (i) If the Commission determines that another 
 
 
10000SB1839ham004- 99 -LRB100 06226 SLF 27386 a


1 provider is willing and capable of providing 
2 alternative voice service including reliable 
3 access to 9-1-1 to one or more requesting existing 
4 customers for which an emergency has been 
5 declared, the Commission shall declare by order 
6 that, with respect to each requesting existing 
7 customer for which such a determination is made, 
8 the Large Electing Provider may cease to offer or 
9 provide the requested service beginning 30 days 
10 after the issuance of the notice required by 
11 paragraph (5) of this Section.
12    (ii) If the Commission determines that for one 
13 or more of the requesting existing customers for 
14 which an emergency has been declared there is no 
15 other provider willing and capable of providing 
16 alternative voice service including reliable 
17 access to 9-1-1, the Commission shall issue an 
18 order requiring the Large Electing Provider to 
19 provide alternative voice service including 
20 reliable access to 9-1-1 to each requesting 
21 existing customer utilizing any form of technology 
22 capable of providing alternative voice service 
23 including reliable access to 9-1-1, including, 
24 without limitation, continuation of the requested 
25 service, Voice over Internet Protocol services, 
26 and wireless services, until another willing 
 
 
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1 provider is available. A Large Electing Provider 
2 may fulfill the requirement through an affiliate 
3 or another provider. The Large Electing Provider 
4 may request that such an order be rescinded upon a 
5 showing that an alternative voice service 
6 including reliable access to 9-1-1 has become 
7 available to the requesting existing customer from 
8 another provider.
9  (3) If the Commission receives no requests for 
10 investigation from any existing customer under paragraph 
11 (2) of this subsection (c) within 60 days after issuance of 
12 the notice under paragraph (1) of this subsection (c), the 
13 Commission shall provide written notice to the Large 
14 Electing Provider of that fact no later than 75 days after 
15 receipt of notice under paragraph (1) of this subsection 
16 (c). Notwithstanding any provision of this subsection (c) 
17 to the contrary, if no existing customer requests an 
18 investigation under paragraph (2) of this subsection (c), 
19 the Large Electing Provider may immediately provide the 
20 notice to the Federal Communications Commission as 
21 described in paragraph (4) of this subsection (c).
22  (4) At the same time that it provides notice to the 
23 Federal Communications Commission of its intent to 
24 discontinue the interstate-access component of the 
25 requested service, the Large Electing Provider shall:
26   (A) file a notice of proposal to cease to offer and 
 
 
10000SB1839ham004- 101 -LRB100 06226 SLF 27386 a


1 provide the requested service with the Commission; and
2   (B) provide a notice of proposal to cease to offer 
3 and provide the requested service to existing 
4 customers and new customers receiving the service at 
5 the time of the notice within each affected geographic 
6 area, with the notice made by first-class mail or 
7 within customer bills delivered by mail or equivalent 
8 means of notice, including electronic means if the 
9 customer has elected to receive electronic billing. 
10 The notice provided under this subparagraph (B) shall 
11 include a brief description of the requested service, 
12 the date on which the Large Electing Provider intends 
13 to cease offering or providing the telecommunications 
14 service, and a statement as required by 47 CFR 63.71 
15 that describes the process by which the customer may 
16 submit comments to the Federal Communications 
17 Commission.
18  (5) Upon approval by the Federal Communications 
19 Commission of its request to discontinue the 
20 interstate-access component of the requested service and 
21 subject to the requirements of any order issued by the 
22 Commission under subdivision (ii) of subparagraph (B) of 
23 paragraph (2) of this subsection (c), the Large Electing 
24 Provider may immediately cease to offer the requested 
25 service to all customers not receiving the service on the 
26 date of the Federal Communications Commission's approval 
 
 
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1 and may cease to offer and provide the requested service to 
2 all customers receiving the service at the time of the 
3 Federal Communications Commission's approval upon 30 days 
4 notice to the Commission and affected customers. Notice to 
5 affected customers under this paragraph (5) shall be 
6 provided by first-class mail separate from customer bills. 
7 The notice provided under this paragraph (5) shall describe 
8 the requested service, identify the date on which the Large 
9 Electing Provider intends to cease offering or providing 
10 the telecommunications service, and provide a telephone 
11 number by which the existing customer may contact a service 
12 representative of the Large Electing Provider.
13  (6) The notices provided for in paragraph (1) of this 
14 subsection (c) are not required as a prerequisite for the 
15 Large Electing Provider to cease to offer or provide a 
16 telecommunications service in a geographic area where 
17 there are no residential customers taking service from the 
18 Large Electing Provider on the date that the Large Electing 
19 Provider files notice to the Federal Communications 
20 Commission of its intent to discontinue the 
21 interstate-access component of the requested service in 
22 that geographic area.
23  (7) For a period of 45 days following the date of a 
24 notice issued under paragraph (5) of this Section, an 
25 existing customer (i) who is located in the affected 
26 geographic area subject to that notice; (ii) who was 
 
 
10000SB1839ham004- 103 -LRB100 06226 SLF 27386 a


1 receiving the requested service as of the date of the 
2 Federal Communications Commission's approval of the Large 
3 Electing Provider's request to discontinue the 
4 interstate-access component of the requested service; 
5 (iii) who did not make a timely request for investigation 
6 under paragraph (2) of this subsection (c); and (iv) whose 
7 service will be or has been discontinued under paragraph 
8 (5), may request assistance from the Large Electing 
9 Provider in identifying providers of alternative voice 
10 service including reliable access to 9-1-1. Within 15 days 
11 of the request, the Large Electing Provider shall provide 
12 the customer with a list of alternative voice service 
13 providers. 
14  (8) Notwithstanding any other provision of this Act, 
15 except as expressly authorized by this subsection (c), the 
16 Commission may not, upon its own motion or upon complaint, 
17 investigate, suspend, disapprove, condition, or otherwise 
18 regulate the cessation of a telecommunications service to 
19 an identifiable class or group of customers once initiated 
20 by a Large Electing Provider under subsection (b) or (b-5) 
21 of this Section or this subsection (c). 

22 (220 ILCS 5/13-506.2)
23 (Section scheduled to be repealed on July 1, 2017)
24 Sec. 13-506.2. Market regulation for competitive retail 
25services.
 
 
10000SB1839ham004- 104 -LRB100 06226 SLF 27386 a


1 (a) Definitions. As used in this Section:
2  (1) "Electing Provider" means a telecommunications 
3 carrier that is subject to either rate regulation pursuant 
4 to Section 13-504 or Section 13-505 or alternative 
5 regulation pursuant to Section 13-506.1 and that elects to 
6 have the rates, terms, and conditions of its competitive 
7 retail telecommunications services solely determined and 
8 regulated pursuant to the terms of this Article.
9  (2) "Basic local exchange service" means either a 
10 stand-alone residence network access line and per-call 
11 usage or, for any geographic area in which such stand-alone 
12 service is not offered, a stand-alone flat rate residence 
13 network access line for which local calls are not charged 
14 for frequency or duration. Extended Area Service shall be 
15 included in basic local exchange service.
16  (3) "Existing customer" means a residential customer 
17 who was subscribing to one of the optional packages 
18 described in subsection (d) of this Section as of the 
19 effective date of this amendatory Act of the 99th General 
20 Assembly. A customer who was subscribing to one of the 
21 optional packages on that date but stops subscribing 
22 thereafter shall not be considered an "existing customer" 
23 as of the date the customer stopped subscribing to the 
24 optional package, unless the stoppage is temporary and 
25 caused by the customer changing service address locations, 
26 or unless the customer resumes subscribing and is eligible 
 
 
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1 to receive discounts on monthly telephone service under the 
2 federal Lifeline program, 47 C.F.R. Part 54, Subpart E. 
3  (4) "New customer" means a residential customer who was 
4 not subscribing to one of the optional packages described 
5 in subsection (d) of this Section as of the effective date 
6 of this amendatory Act of the 99th General Assembly and who 
7 is eligible to receive discounts on monthly telephone 
8 service under the federal Lifeline program, 47 C.F.R. Part 
9 54, Subpart E. 
10 (b) Election for market regulation.
Notwithstanding any 
11other provision of this Act, an Electing Provider may elect to 
12have the rates, terms, and conditions of its competitive retail 
13telecommunications services solely determined and regulated 
14pursuant to the terms of this Section by filing written notice 
15of its election for market regulation with the Commission. The 
16notice of election shall designate the geographic area of the 
17Electing Provider's service territory where the market 
18regulation shall apply, either on a state-wide basis or in one 
19or more specified Market Service Areas ("MSA") or Exchange 
20areas. An Electing Provider shall not make an election for 
21market regulation under this Section unless it commits in its 
22written notice of election for market regulation to fulfill the 
23conditions and requirements in this Section in each geographic 
24area in which market regulation is elected. Immediately upon 
25filing the notice of election for market regulation, the 
26Electing Provider shall be subject to the jurisdiction of the 
 
 
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1Commission to the extent expressly provided in this Section.
2 (c) Competitive classification. Market regulation shall be 
3available for competitive retail telecommunications services 
4as provided in this subsection.
5  (1) For geographic areas in which telecommunications 
6 services provided by the Electing Provider were classified 
7 as competitive either through legislative action or a 
8 tariff filing pursuant to Section 13-502 prior to January 
9 1, 2010, and that are included in the Electing Provider's 
10 notice of election pursuant to subsection (b) of this 
11 Section, such services, and all recurring and nonrecurring 
12 charges associated with, related to or used in connection 
13 with such services, shall be classified as competitive 
14 without further Commission review. For services classified 
15 as competitive pursuant to this subsection, the 
16 requirements or conditions in any order or decision 
17 rendered by the Commission pursuant to Section 13-502 prior 
18 to the effective date of this amendatory Act of the 96th 
19 General Assembly, except for the commitments made by the 
20 Electing Provider in such order or decision concerning the 
21 optional packages required in subsection (d) of this 
22 Section and basic local exchange service as defined in this 
23 Section, shall no longer be in effect and no Commission 
24 investigation, review, or proceeding under Section 13-502 
25 shall be continued, conducted, or maintained with respect 
26 to such services, charges, requirements, or conditions. If 
 
 
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1 an Electing Provider has ceased providing optional 
2 packages to customers pursuant to subdivision (d)(8) of 
3 this Section, the commitments made by the Electing Provider 
4 in such order or decision concerning the optional packages 
5 under subsection (d) of this Section shall no longer be in 
6 effect and no Commission investigation, review, or 
7 proceeding under Section 13-502 shall be continued, 
8 conducted, or maintained with respect to such packages.
9  (2) For those geographic areas in which residential 
10 local exchange telecommunications services have not been 
11 classified as competitive as of the effective date of this 
12 amendatory Act of the 96th General Assembly, all 
13 telecommunications services provided to residential and 
14 business end users by an Electing Provider in the 
15 geographic area that is included in its notice of election 
16 pursuant to subsection (b) shall be classified as 
17 competitive for purposes of this Article without further 
18 Commission review.
19  (3) If an Electing Provider was previously subject to 
20 alternative regulation pursuant to Section 13-506.1 of 
21 this Article, the alternative regulation plan shall 
22 terminate in whole for all services subject to that plan 
23 and be of no force or effect, without further Commission 
24 review or action, when the Electing Provider's residential 
25 local exchange telecommunications service in each MSA in 
26 its telecommunications service area in the State has been 
 
 
10000SB1839ham004- 108 -LRB100 06226 SLF 27386 a


1 classified as competitive pursuant to either subdivision 
2 (c)(1) or (c)(2) of this Section.
3  (4) The service packages described in Section 13-518 
4 shall be classified as competitive for purposes of this 
5 Section if offered by an Electing Provider in a geographic 
6 area in which local exchange telecommunications service 
7 has been classified as competitive pursuant to either 
8 subdivision (c)(1) or (c)(2) of this Section.
9  (5) Where a service, or its functional equivalent, or a 
10 substitute service offered by a carrier that is not an 
11 Electing Provider or the incumbent local exchange carrier 
12 for that area is also being offered by an Electing Provider 
13 for some identifiable class or group of customers in an 
14 exchange, group of exchanges, or some other clearly defined 
15 geographical area, the service offered by a carrier that is 
16 not an Electing Provider or the incumbent local exchange 
17 carrier for that area shall be classified as competitive 
18 without further Commission review.
19  (6) Notwithstanding any other provision of this Act, 
20 retail telecommunications services classified as 
21 competitive pursuant to Section 13-502 or subdivision 
22 (c)(5) of this Section shall have their rates, terms, and 
23 conditions solely determined and regulated pursuant to the 
24 terms of this Section in the same manner and to the same 
25 extent as the competitive retail telecommunications 
26 services of an Electing Provider, except that subsections 
 
 
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1 (d), (g), and (j) of this Section shall not apply to a 
2 carrier that is not an Electing Provider or to the 
3 competitive telecommunications services of a carrier that 
4 is not an Electing Provider. The access services of a 
5 carrier that is not an Electing Provider shall remain 
6 subject to Section 13-900.2. The requirements in 
7 subdivision (e)(3) of this Section shall not apply to 
8 retail telecommunications services classified as 
9 competitive pursuant to Section 13-502 or subdivision 
10 (c)(5) of this Section, except that, upon request from the 
11 Commission, the telecommunications carrier providing 
12 competitive retail telecommunications services shall 
13 provide a report showing the number of credits and 
14 exemptions for the requested time period. 
15 (d) Consumer choice safe harbor options.
16  (1) Subject to subdivision (d)(8) of this Section, an 
17 Electing Provider in each of the MSA or Exchange areas 
18 classified as competitive pursuant to subdivision (c)(1) 
19 or (c)(2) of this Section shall offer to all residential 
20 customers who choose to subscribe the following optional 
21 packages of services priced at the same rate levels in 
22 effect on January 1, 2010:
23   (A) A basic package, which shall consist of a 
24 stand-alone residential network access line and 30 
25 local calls. If the Electing Provider offers a 
26 stand-alone residential access line and local usage on 
 
 
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1 a per call basis, the price for the basic package shall 
2 be the Electing Provider's applicable price in effect 
3 on January 1, 2010 for the sum of a residential access 
4 line and 30 local calls, additional calls over 30 calls 
5 shall be provided at the current per call rate. 
6 However, this basic package is not required if 
7 stand-alone residential network access lines or 
8 per-call local usage are not offered by the Electing 
9 Provider in the geographic area on January 1, 2010 or 
10 if the Electing Provider has not increased its 
11 stand-alone network access line and local usage rates, 
12 including Extended Area Service rates, since January 
13 1, 2010.
14   (B) An extra package, which shall consist of 
15 residential basic local exchange network access line 
16 and unlimited local calls. The price for the extra 
17 package shall be the Electing Provider's applicable 
18 price in effect on January 1, 2010 for a residential 
19 access line with unlimited local calls.
20   (C) A plus package, which shall consist of 
21 residential basic local exchange network access line, 
22 unlimited local calls, and the customer's choice of 2 
23 vertical services offered by the Electing Provider. 
24 The term "vertical services" as used in this 
25 subsection, includes, but is not limited to, call 
26 waiting, call forwarding, 3-way calling, caller ID, 
 
 
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1 call tracing, automatic callback, repeat dialing, and 
2 voicemail. The price for the plus package shall be the 
3 Electing Provider's applicable price in effect on 
4 January 1, 2010 for the sum of a residential access 
5 line with unlimited local calls and 2 times the average 
6 price for the vertical features included in the 
7 package.
8  (2) Subject to subdivision (d)(8) of this Section, for 
9 those geographic areas in which local exchange 
10 telecommunications services were classified as competitive 
11 on the effective date of this amendatory Act of the 96th 
12 General Assembly, an Electing Provider in each such MSA or 
13 Exchange area shall be subject to the same terms and 
14 conditions as provided in commitments made by the Electing 
15 Provider in connection with such previous competitive 
16 classifications, which shall apply with equal force under 
17 this Section, except as follows: (i) the limits on price 
18 increases on the optional packages required by this Section 
19 shall be extended consistent with subsection (d)(1) of this 
20 Section and (ii) the price for the extra package required 
21 by subsection (d)(1)(B) shall be reduced by one dollar from 
22 the price in effect on January 1, 2010. In addition, if an 
23 Electing Provider obtains a competitive classification 
24 pursuant to subsection (c)(1) and (c)(2), the price for the 
25 optional packages shall be determined in such area in 
26 compliance with subsection (d)(1), except the price for the 
 
 
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1 plus package required by subsection (d)(1) (C) shall be the 
2 lower of the price for such area or the price of the plus 
3 package in effect on January 1, 2010 for areas classified 
4 as competitive pursuant to subsection (c)(1). 
5  (3) To the extent that the requirements in Section 
6 13-518 applied to a telecommunications carrier prior to the 
7 effective date of this Section and that telecommunications 
8 carrier becomes an Electing Provider in accordance with the 
9 provisions of this Section, the requirements in Section 
10 13-518 shall cease to apply to that Electing Provider in 
11 those geographic areas included in the Electing Provider's 
12 notice of election pursuant to subsection (b) of this 
13 Section.
14  (4) Subject to subdivision (d)(8) of this Section, an 
15 Electing Provider shall make the optional packages 
16 required by this subsection and stand-alone residential 
17 network access lines and local usage, where offered, 
18 readily available to the public by providing information, 
19 in a clear manner, to residential customers. Information 
20 shall be made available on a website, and an Electing 
21 Provider shall provide notification to its customers every 
22 6 months, provided that notification may consist of a bill 
23 page message that provides an objective description of the 
24 safe harbor options that includes a telephone number and 
25 website address where the customer may obtain additional 
26 information about the packages from the Electing Provider. 
 
 
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1 The optional packages shall be offered on a monthly basis 
2 with no term of service requirement. An Electing Provider 
3 shall allow online electronic ordering of the optional 
4 packages and stand-alone residential network access lines 
5 and local usage, where offered, on its website in a manner 
6 similar to the online electronic ordering of its other 
7 residential services.
8  (5) Subject to subdivision (d)(8) of this Section, an 
9 Electing Provider shall comply with the Commission's 
10 existing rules, regulations, and notices in Title 83, Part 
11 735 of the Illinois Administrative Code when offering or 
12 providing the optional packages required by this 
13 subsection (d) and stand-alone residential network access 
14 lines.
15  (6) Subject to subdivision (d)(8) of this Section, an 
16 Electing Provider shall provide to the Commission 
17 semi-annual subscribership reports as of June 30 and 
18 December 31 that contain the number of its customers 
19 subscribing to each of the consumer choice safe harbor 
20 packages required by subsection (d)(1) of this Section and 
21 the number of its customers subscribing to retail 
22 residential basic local exchange service as defined in 
23 subsection (a)(2) of this Section. The first semi-annual 
24 reports shall be made on April 1, 2011 for December 31, 
25 2010, and on September 1, 2011 for June 30, 2011, and 
26 semi-annually on April 1 and September 1 thereafter. Such 
 
 
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1 subscribership information shall be accorded confidential 
2 and proprietary treatment upon request by the Electing 
3 Provider. 
4  (7) The Commission shall have the power, after notice 
5 and hearing as provided in this Article, upon complaint or 
6 upon its own motion, to take corrective action if the 
7 requirements of this Section are not complied with by an 
8 Electing Provider.
9  (8) On and after the effective date of this amendatory 
10 Act of the 99th General Assembly, an Electing Provider 
11 shall continue to offer and provide the optional packages 
12 described in this subsection (d) to existing customers and 
13 new customers. On and after January 1, 2021, July 1, 2017, 
14 an Electing Provider may immediately stop offering the 
15 optional packages described in this subsection (d) and, 
16 upon providing two notices to affected customers and to the 
17 Commission, may stop providing the optional packages 
18 described in this subsection (d) to all customers who 
19 subscribe to one of the optional packages. The first notice 
20 shall be provided at least 90 days before the date upon 
21 which the Electing Provider intends to stop providing the 
22 optional packages, and the second notice must be provided 
23 at least 30 days before that date. The first notice shall 
24 not be provided prior to January 1, 2021 July 1, 2017. Each 
25 notice must identify the date on which the Electing 
26 Provider intends to stop providing the optional packages, 
 
 
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1 at least one alternative service available to the customer, 
2 and a telephone number by which the customer may contact a 
3 service representative of the Electing Provider. After 
4 January 1, 2021, July 1, 2017 with respect to new 
5 customers, and upon the expiration of the second notice 
6 period with respect to customers who were subscribing to 
7 one of the optional packages, subdivisions (d)(1), (d)(2), 
8 (d)(4), (d)(5), (d)(6), and (d)(7) of this Section shall 
9 not apply to the Electing Provider. Notwithstanding any 
10 other provision of this Article, an Electing Provider that 
11 has ceased providing the optional packages under this 
12 subdivision (d)(8) is not subject to Section 13-301(1)(c) 
13 of this Act. Notwithstanding any other provision of this 
14 Act, and subject to subdivision (d)(7) of this Section, the 
15 Commission's authority over the discontinuance of the 
16 optional packages described in this subsection (d) by an 
17 Electing Provider shall be governed solely by this 
18 subsection (d)(8). 
19 (e) Service quality and customer credits for basic local 
20exchange service.
21  (1) An Electing Provider shall meet the following 
22 service quality standards in providing basic local 
23 exchange service, which for purposes of this subsection 
24 (e), includes both basic local exchange service and any 
25 consumer choice safe harbor options that may be required by 
26 subsection (d) of this Section.
 
 
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1   (A) Install basic local exchange service within 5 
2 business days after receipt of an order from the 
3 customer unless the customer requests an installation 
4 date that is beyond 5 business days after placing the 
5 order for basic service and to inform the customer of 
6 the Electing Provider's duty to install service within 
7 this timeframe. If installation of service is 
8 requested on or by a date more than 5 business days in 
9 the future, the Electing Provider shall install 
10 service by the date requested.
11   (B) Restore basic local exchange service for the 
12 customer within 30 hours after receiving notice that 
13 the customer is out of service.
14   (C) Keep all repair and installation appointments 
15 for basic local exchange service if a customer premises 
16 visit requires a customer to be present. The 
17 appointment window shall be either a specific time or, 
18 at a maximum, a 4-hour time block during evening, 
19 weekend, and normal business hours.
20   (D) Inform a customer when a repair or installation 
21 appointment requires the customer to be present.
22  (2) Customers shall be credited by the Electing 
23 Provider for violations of basic local exchange service 
24 quality standards described in subdivision (e)(1) of this 
25 Section. The credits shall be applied automatically on the 
26 statement issued to the customer for the next monthly 
 
 
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1 billing cycle following the violation or following the 
2 discovery of the violation. The next monthly billing cycle 
3 following the violation or the discovery of the violation 
4 means the billing cycle immediately following the billing 
5 cycle in process at the time of the violation or discovery 
6 of the violation, provided the total time between the 
7 violation or discovery of the violation and the issuance of 
8 the credit shall not exceed 60 calendar days. The Electing 
9 Provider is responsible for providing the credits and the 
10 customer is under no obligation to request such credits. 
11 The following credits shall apply:
12   (A) If an Electing Provider fails to repair an 
13 out-of-service condition for basic local exchange 
14 service within 30 hours, the Electing Provider shall 
15 provide a credit to the customer. If the service 
16 disruption is for more than 30 hours, but not more than 
17 48 hours, the credit must be equal to a pro-rata 
18 portion of the monthly recurring charges for all basic 
19 local exchange services disrupted. If the service 
20 disruption is for more than 48 hours, but not more than 
21 72 hours, the credit must be equal to at least 33% of 
22 one month's recurring charges for all local services 
23 disrupted. If the service disruption is for more than 
24 72 hours, but not more than 96 hours, the credit must 
25 be equal to at least 67% of one month's recurring 
26 charges for all basic local exchange services 
 
 
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1 disrupted. If the service disruption is for more than 
2 96 hours, but not more than 120 hours, the credit must 
3 be equal to one month's recurring charges for all basic 
4 local exchange services disrupted. For each day or 
5 portion thereof that the service disruption continues 
6 beyond the initial 120-hour period, the Electing 
7 Provider shall also provide an additional credit of $20 
8 per calendar day.
9   (B) If an Electing Provider fails to install basic 
10 local exchange service as required under subdivision 
11 (e)(1) of this Section, the Electing Provider shall 
12 waive 50% of any installation charges, or in the 
13 absence of an installation charge or where 
14 installation is pursuant to the Link Up program, the 
15 Electing Provider shall provide a credit of $25. If an 
16 Electing Provider fails to install service within 10 
17 business days after the service application is placed, 
18 or fails to install service within 5 business days 
19 after the customer's requested installation date, if 
20 the requested date was more than 5 business days after 
21 the date of the order, the Electing Provider shall 
22 waive 100% of the installation charge, or in the 
23 absence of an installation charge or where 
24 installation is provided pursuant to the Link Up 
25 program, the Electing Provider shall provide a credit 
26 of $50. For each day that the failure to install 
 
 
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1 service continues beyond the initial 10 business days, 
2 or beyond 5 business days after the customer's 
3 requested installation date, if the requested date was 
4 more than 5 business days after the date of the order, 
5 the Electing Provider shall also provide an additional 
6 credit of $20 per calendar day until the basic local 
7 exchange service is installed.
8   (C) If an Electing Provider fails to keep a 
9 scheduled repair or installation appointment when a 
10 customer premises visit requires a customer to be 
11 present as required under subdivision (e)(1) of this 
12 Section, the Electing Provider shall credit the 
13 customer $25 per missed appointment. A credit required 
14 by this subdivision does not apply when the Electing 
15 Provider provides the customer notice of its inability 
16 to keep the appointment no later than 8:00 pm of the 
17 day prior to the scheduled date of the appointment.
18   (D) Credits required by this subsection do not 
19 apply if the violation of a service quality standard:
20    (i) occurs as a result of a negligent or 
21 willful act on the part of the customer;
22    (ii) occurs as a result of a malfunction of 
23 customer-owned telephone equipment or inside 
24 wiring;
25    (iii) occurs as a result of, or is extended by, 
26 an emergency situation as defined in 83 Ill. Adm. 
 
 
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1 Code 732.10;
2    (iv) is extended by the Electing Provider's 
3 inability to gain access to the customer's 
4 premises due to the customer missing an 
5 appointment, provided that the violation is not 
6 further extended by the Electing Provider;
7    (v) occurs as a result of a customer request to 
8 change the scheduled appointment, provided that 
9 the violation is not further extended by the 
10 Electing Provider;
11    (vi) occurs as a result of an Electing 
12 Provider's right to refuse service to a customer as 
13 provided in Commission rules; or
14    (vii) occurs as a result of a lack of 
15 facilities where a customer requests service at a 
16 geographically remote location, where a customer 
17 requests service in a geographic area where the 
18 Electing Provider is not currently offering 
19 service, or where there are insufficient 
20 facilities to meet the customer's request for 
21 service, subject to an Electing Provider's 
22 obligation for reasonable facilities planning.
23  (3) Each Electing Provider shall provide to the 
24 Commission on a quarterly basis and in a form suitable for 
25 posting on the Commission's website in conformance with the 
26 rules adopted by the Commission and in effect on April 1, 
 
 
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1 2010, a public report that includes the following data for 
2 basic local exchange service quality of service:
3   (A) With regard to credits due in accordance with 
4 subdivision (e)(2)(A) as a result of out-of-service 
5 conditions lasting more than 30 hours:
6    (i) the total dollar amount of any customer 
7 credits paid;
8    (ii) the number of credits issued for repairs 
9 between 30 and 48 hours;
10    (iii) the number of credits issued for repairs 
11 between 49 and 72 hours;
12    (iv) the number of credits issued for repairs 
13 between 73 and 96 hours;
14    (v) the number of credits used for repairs 
15 between 97 and 120 hours;
16    (vi) the number of credits issued for repairs 
17 greater than 120 hours; and
18    (vii) the number of exemptions claimed for 
19 each of the categories identified in subdivision 
20 (e)(2)(D).
21   (B) With regard to credits due in accordance with 
22 subdivision (e)(2)(B) as a result of failure to install 
23 basic local exchange service:
24    (i) the total dollar amount of any customer 
25 credits paid;
26    (ii) the number of installations after 5 
 
 
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1 business days;
2    (iii) the number of installations after 10 
3 business days;
4    (iv) the number of installations after 11 
5 business days; and
6    (v) the number of exemptions claimed for each 
7 of the categories identified in subdivision 
8 (e)(2)(D).
9   (C) With regard to credits due in accordance with 
10 subdivision (e)(2)(C) as a result of missed 
11 appointments:
12    (i) the total dollar amount of any customer 
13 credits paid;
14    (ii) the number of any customers receiving 
15 credits; and
16    (iii) the number of exemptions claimed for 
17 each of the categories identified in subdivision 
18 (e)(2)(D).
19   (D) The Electing Provider's annual report required 
20 by this subsection shall also include, for 
21 informational reporting, the performance data 
22 described in subdivisions (e)(2)(A), (e)(2)(B), and 
23 (e)(2)(C), and trouble reports per 100 access lines 
24 calculated using the Commission's existing applicable 
25 rules and regulations for such measures, including the 
26 requirements for service standards established in this 
 
 
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1 Section. 
2  (4) It is the intent of the General Assembly that the 
3 service quality rules and customer credits in this 
4 subsection (e) of this Section and other enforcement 
5 mechanisms, including fines and penalties authorized by 
6 Section 13-305, shall apply on a nondiscriminatory basis to 
7 all Electing Providers. Accordingly, notwithstanding any 
8 provision of any service quality rules promulgated by the 
9 Commission, any alternative regulation plan adopted by the 
10 Commission, or any other order of the Commission, any 
11 Electing Provider that is subject to any other order of the 
12 Commission and that violates or fails to comply with the 
13 service quality standards promulgated pursuant to this 
14 subsection (e) or any other order of the Commission shall 
15 not be subject to any fines, penalties, customer credits, 
16 or enforcement mechanisms other than such fines or 
17 penalties or customer credits as may be imposed by the 
18 Commission in accordance with the provisions of this 
19 subsection (e) and Section 13-305, which are to be 
20 generally applicable to all Electing Providers. The amount 
21 of any fines or penalties imposed by the Commission for 
22 failure to comply with the requirements of this subsection 
23 (e) shall be an appropriate amount, taking into account, at 
24 a minimum, the Electing Provider's gross annual intrastate 
25 revenue; the frequency, duration, and recurrence of the 
26 violation; and the relative harm caused to the affected 
 
 
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1 customers or other users of the network. In imposing fines 
2 and penalties, the Commission shall take into account 
3 compensation or credits paid by the Electing Provider to 
4 its customers pursuant to this subsection (e) in 
5 compensation for any violation found pursuant to this 
6 subsection (e), and in any event the fine or penalty shall 
7 not exceed an amount equal to the maximum amount of a civil 
8 penalty that may be imposed under Section 13-305.
9  (5) An Electing Provider in each of the MSA or Exchange 
10 areas classified as competitive pursuant to subsection (c) 
11 of this Section shall fulfill the requirements in 
12 subdivision (e)(3) of this Section for 3 years after its 
13 notice of election becomes effective. After such 3 years, 
14 the requirements in subdivision (e)(3) of this Section 
15 shall not apply to such Electing Provider, except that, 
16 upon request from the Commission, the Electing Provider 
17 shall provide a report showing the number of credits and 
18 exemptions for the requested time period. 
19 (f) Commission jurisdiction over competitive retail 
20telecommunications services. Except as otherwise expressly 
21stated in this Section, the Commission shall thereafter have no 
22jurisdiction or authority over any aspect of competitive retail 
23telecommunications service of an Electing Provider in those 
24geographic areas included in the Electing Provider's notice of 
25election pursuant to subsection (b) of this Section or of a 
26retail telecommunications service classified as competitive 
 
 
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1pursuant to Section 13-502 or subdivision (c)(5) of this 
2Section, heretofore subject to the jurisdiction of the 
3Commission, including but not limited to, any requirements of 
4this Article related to the terms, conditions, rates, quality 
5of service, availability, classification or any other aspect of 
6any competitive retail telecommunications services. No 
7telecommunications carrier shall commit any unfair or 
8deceptive act or practice in connection with any aspect of the 
9offering or provision of any competitive retail 
10telecommunications service. Nothing in this Article shall 
11limit or affect any provisions in the Consumer Fraud and 
12Deceptive Business Practices Act with respect to any unfair or 
13deceptive act or practice by a telecommunications carrier.
14 (g) Commission authority over access services upon 
15election for market regulation.
16  (1) As part of its Notice of Election for Market 
17 Regulation, the Electing Provider shall reduce its 
18 intrastate switched access rates to rates no higher than 
19 its interstate switched access rates in 4 installments. The 
20 first reduction must be made 30 days after submission of 
21 its complete application for Notice of Election for Market 
22 Regulation, and the Electing Provider must reduce its 
23 intrastate switched access rates by an amount equal to 33% 
24 of the difference between its current intrastate switched 
25 access rates and its current interstate switched access 
26 rates. The second reduction must be made no later than one 
 
 
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1 year after the first reduction, and the Electing Provider 
2 must reduce its then current intrastate switched access 
3 rates by an amount equal to 41% of the difference between 
4 its then current intrastate switched access rates and its 
5 then current interstate switched access rates. The third 
6 reduction must be made no later than one year after the 
7 second reduction, and the Electing Provider must reduce its 
8 then current intrastate switched access rates by an amount 
9 equal to 50% of the difference between its then current 
10 intrastate switched access rate and its then current 
11 interstate switched access rates. The fourth reduction 
12 must be made on or before June 30, 2013, and the Electing 
13 Provider must reduce its intrastate switched access rate to 
14 mirror its then current interstate switched access rates 
15 and rate structure. Following the fourth reduction, each 
16 Electing Provider must continue to set its intrastate 
17 switched access rates to mirror its interstate switched 
18 access rates and rate structure. For purposes of this 
19 subsection, the rate for intrastate switched access 
20 service means the composite, per-minute rate for that 
21 service, including all applicable fixed and 
22 traffic-sensitive charges, including, but not limited to, 
23 carrier common line charges. 
24  (2) Nothing in paragraph (1) of this subsection (g) 
25 prohibits an Electing Provider from electing to offer 
26 intrastate switched access service at rates lower than its 
 
 
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1 interstate switched access rates.
2  (3) The Commission shall have no authority to order an 
3 Electing Provider to set its rates for intrastate switched 
4 access at a level lower than its interstate switched access 
5 rates.
6  (4) The Commission's authority under this subsection 
7 (g) shall only apply to Electing Providers under Market 
8 Regulation. The Commission's authority over switched 
9 access services for all other carriers is retained under 
10 Section 13-900.2 of this Act.
11 (h) Safety of service equipment and facilities. 
12  (1) An Electing Provider shall furnish, provide, and 
13 maintain such service instrumentalities, equipment, and 
14 facilities as shall promote the safety, health, comfort, 
15 and convenience of its patrons, employees, and public and 
16 as shall be in all respects adequate, reliable, and 
17 efficient without discrimination or delay. Every Electing 
18 Provider shall provide service and facilities that are in 
19 all respects environmentally safe.
20  (2) The Commission is authorized to conduct an 
21 investigation of any Electing Provider or part thereof. The 
22 investigation may examine the reasonableness, prudence, or 
23 efficiency of any aspect of the Electing Provider's 
24 operations or functions that may affect the adequacy, 
25 safety, efficiency, or reliability of telecommunications 
26 service. The Commission may conduct or order an 
 
 
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1 investigation only when it has reasonable grounds to 
2 believe that the investigation is necessary to assure that 
3 the Electing Provider is providing adequate, efficient, 
4 reliable, and safe service. The Commission shall, before 
5 initiating any such investigation, issue an order 
6 describing the grounds for the investigation and the 
7 appropriate scope and nature of the investigation, which 
8 shall be reasonably related to the grounds relied upon by 
9 the Commission in its order. 
10 (i) (Blank).
11 (j) Application of Article VII. The provisions of Sections 
127-101, 7-102, 7-104, 7-204, 7-205, and 7-206 of this Act are 
13applicable to an Electing Provider offering or providing retail 
14telecommunications service, and the Commission's regulation 
15thereof, except that (1) the approval of contracts and 
16arrangements with affiliated interests required by paragraph 
17(3) of Section 7-101 shall not apply to such telecommunications 
18carriers provided that, except as provided in item (2), those 
19contracts and arrangements shall be filed with the Commission; 
20(2) affiliated interest contracts or arrangements entered into 
21by such telecommunications carriers where the increased 
22obligation thereunder does not exceed the lesser of $5,000,000 
23or 5% of such carrier's prior annual revenue from 
24noncompetitive services are not required to be filed with the 
25Commission; and (3) any consent and approval of the Commission 
26required by Section 7-102 is not required for the sale, lease, 
 
 
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1assignment, or transfer by any Electing Provider of any 
2property that is not necessary or useful in the performance of 
3its duties to the public.
4 (k) Notwithstanding other provisions of this Section, the 
5Commission retains its existing authority to enforce the 
6provisions, conditions, and requirements of the following 
7Sections of this Article: 13-101, 13-103, 13-201, 13-301, 
813-301.1, 13-301.2, 13-301.3, 13-303, 13-303.5, 13-304, 
913-305, 13-401, 13-401.1, 13-402, 13-403, 13-404, 13-404.1, 
1013-404.2, 13-405, 13-406, 13-407, 13-501, 13-501.5, 13-503, 
1113-505, 13-509, 13-510, 13-512, 13-513, 13-514, 13-515, 
1213-516, 13-519, 13-702, 13-703, 13-704, 13-705, 13-706, 
1313-707, 13-709, 13-713, 13-801, 13-802.1, 13-804, 13-900, 
1413-900.1, 13-900.2, 13-901, 13-902, and 13-903, which are fully 
15and equally applicable to Electing Providers and to 
16telecommunications carriers providing retail 
17telecommunications service classified as competitive pursuant 
18to Section 13-502 or subdivision (c)(5) of this Section subject 
19to the provisions of this Section. On the effective date of 
20this amendatory Act of the 98th General Assembly, the following 
21Sections of this Article shall cease to apply to Electing 
22Providers and to telecommunications carriers providing retail 
23telecommunications service classified as competitive pursuant 
24to Section 13-502 or subdivision (c)(5) of this Section: 
2513-302, 13-405.1, 13-502, 13-502.5, 13-504, 13-505.2, 
2613-505.3, 13-505.4, 13-505.5, 13-505.6, 13-506.1, 13-507, 
 
 
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113-507.1, 13-508, 13-508.1, 13-517, 13-518, 13-601, 13-701, 
2and 13-712. 

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




4 (220 ILCS 5/13-703) (from Ch. 111 2/3, par. 13-703)



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

6 Sec. 13-703. 
(a) The Commission shall design and implement 
7a program
whereby each telecommunications carrier providing 
8local exchange service
shall provide a telecommunications 
9device capable of servicing the needs of
those persons with a 
10hearing or speech disability together with a
single party line, 
11at no charge additional to the basic exchange rate, to
any 
12subscriber who is certified as having a hearing or speech 
13disability by a hearing care professional, as defined in the 
14Hearing Instrument Consumer Protection Act, a speech-language 
15pathologist, or a qualified
State agency and to any subscriber 
16which is an organization serving the needs
of those persons 
17with a hearing or speech disability as determined and
specified 
18by the Commission pursuant to subsection (d).

19 (b) The Commission shall design and implement a program, 
20whereby each
telecommunications carrier providing local 
21exchange service shall provide a
telecommunications relay 
22system, using third party intervention to connect
those persons 
23having a hearing or speech disability with persons of normal

24hearing by way of intercommunications devices and the telephone 
25system, making
available reasonable access to all phases of 
 
 
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1public telephone service to
persons who have a hearing or 
2speech disability. In order to design a
telecommunications 
3relay system which will meet the requirements of those
persons 
4with a hearing or speech disability available at a reasonable 
5cost, the
Commission shall initiate an investigation and 
6conduct public hearings to
determine the most cost-effective 
7method of providing telecommunications relay
service to those 
8persons who have a hearing or speech disability when using

9telecommunications devices and therein solicit the advice, 
10counsel, and
physical assistance of Statewide nonprofit 
11consumer organizations that serve
persons with hearing or 
12speech disabilities in such hearings and during the
development 
13and implementation of the system. The Commission shall phase
in 
14this program, on a geographical basis, as soon as is 
15practicable, but
no later than June 30, 1990.

16 (c) The Commission shall establish a competitively neutral 
17rate recovery mechanism that establishes charges in an amount 
18to be determined by the Commission
for each line of a 
19subscriber to allow telecommunications carriers
providing 
20local exchange service to recover costs as they are incurred

21under this Section. Beginning no later than April 1, 2016, and 
22on a yearly basis thereafter, the Commission shall initiate a 
23proceeding to establish the competitively neutral amount to be 
24charged or assessed to subscribers of telecommunications 
25carriers and wireless carriers, Interconnected VoIP service 
26providers, and consumers of prepaid wireless 
 
 
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1telecommunications service in a manner consistent with this 
2subsection (c) and subsection (f) of this Section. The 
3Commission shall issue its order establishing the 
4competitively neutral amount to be charged or assessed to 
5subscribers of telecommunications carriers and wireless 
6carriers, Interconnected VoIP service providers, and 
7purchasers of prepaid wireless telecommunications service on 
8or prior to June 1 of each year, and such amount shall take 
9effect June 1 of each year. 

10 Telecommunications carriers, wireless carriers, 
11Interconnected VoIP service providers, and sellers of prepaid 
12wireless telecommunications service shall have 60 days from the 
13date the Commission files its order to implement the new rate 
14established by the order. 
15 (d) The Commission shall determine and specify those 
16organizations serving
the needs of those persons having a 
17hearing or speech disability that shall
receive a 
18telecommunications device and in which offices the equipment 
19shall be
installed in the case of an organization having more 
20than one office. For the
purposes of this Section, 
21"organizations serving the needs of those persons
with hearing 
22or speech disabilities" means centers for independent living as

23described in Section 12a of the Rehabilitation of Persons with 
24Disabilities Act and
not-for-profit organizations whose 
25primary purpose is serving the needs of
those persons with 
26hearing or speech disabilities. The Commission shall direct
the 
 
 
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1telecommunications carriers subject to its jurisdiction and 
2this
Section to comply with its determinations and 
3specifications in this regard.

4 (e) As used in this Section: 
5 "Prepaid wireless telecommunications service" has the 
6meaning given to that term under Section 10 of the Prepaid 
7Wireless 9-1-1 Surcharge Act.
8 "Retail transaction" has the meaning given to that term 
9under Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act. 
10 "Seller" has the meaning given to that term under Section 
1110 of the Prepaid Wireless 9-1-1 Surcharge Act. 
12 "Telecommunications carrier
providing local exchange 
13service" includes, without otherwise limiting the
meaning of 
14the term, telecommunications carriers which are purely mutual

15concerns, having no rates or charges for services, but paying 
16the operating
expenses by assessment upon the members of such a 
17company and no other
person.

18 "Wireless carrier" has the meaning given to that term under 
19Section 2 10 of the Wireless Emergency Telephone System Safety 
20Act. 
21 (f) Interconnected VoIP service providers, sellers of 
22prepaid wireless telecommunications service, and wireless 
23carriers in Illinois shall collect and remit assessments 
24determined in accordance with this Section in a competitively 
25neutral manner in the same manner as a telecommunications 
26carrier providing local exchange service. However, the 
 
 
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1assessment imposed on consumers of prepaid wireless 
2telecommunications service shall be collected by the seller 
3from the consumer and imposed per retail transaction as a 
4percentage of that retail transaction on all retail 
5transactions occurring in this State. The assessment on 
6subscribers of wireless carriers and consumers of prepaid 
7wireless telecommunications service shall not be imposed or 
8collected prior to June 1, 2016. 
9 Sellers of prepaid wireless telecommunications service 
10shall remit the assessments to the Department of Revenue on the 
11same form and in the same manner which they remit the fee 
12collected under the Prepaid Wireless 9-1-1 Surcharge Act. For 
13the purposes of display on the consumers' receipts, the rates 
14of the fee collected under the Prepaid Wireless 9-1-1 Surcharge 
15Act and the assessment under this Section may be combined. In 
16administration and enforcement of this Section, the provisions 
17of Sections 15 and 20 of the Prepaid Wireless 9-1-1 Surcharge 
18Act (except subsections (a), (a-5), (b-5), (e), and (e-5) of 
19Section 15 and subsections (c) and (e) of Section 20 of the 
20Prepaid Wireless 9-1-1 Surcharge Act and, from June 29, 2015 
21(the effective date of Public Act 99-6), the seller shall be 
22permitted to deduct and retain 3% of the assessments that are 
23collected by the seller from consumers and that are remitted 
24and timely filed with the Department) that are not inconsistent 
25with this Section, shall apply, as far as practicable, to the 
26subject matter of this Section to the same extent as if those 
 
 
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1provisions were included in this Section. The Department shall 
2deposit all assessments and penalties collected under this 
3Section into the Illinois Telecommunications Access 
4Corporation Fund, a special fund created in the State treasury. 
5On or before the 25th day of each calendar month, the 
6Department shall prepare and certify to the Comptroller the 
7amount available to the Commission for distribution out of the 
8Illinois Telecommunications Access Corporation Fund. The 
9amount certified shall be the amount (not including credit 
10memoranda) collected during the second preceding calendar 
11month by the Department, plus an amount the Department 
12determines is necessary to offset any amounts which were 
13erroneously paid to a different taxing body or fund. The amount 
14paid to the Illinois Telecommunications Access Corporation 
15Fund shall not include any amount equal to the amount of 
16refunds made during the second preceding calendar month by the 
17Department to retailers under this Section or any amount that 
18the Department determines is necessary to offset any amounts 
19which were payable to a different taxing body or fund but were 
20erroneously paid to the Illinois Telecommunications Access 
21Corporation Fund. The Commission shall distribute all the funds 
22to the Illinois Telecommunications Access Corporation and the 
23funds may only be used in accordance with the provisions of 
24this Section. The Department shall deduct 2% of all amounts 
25deposited in the Illinois Telecommunications Access 
26Corporation Fund during every year of remitted assessments. Of 
 
 
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1the 2% deducted by the Department, one-half shall be 
2transferred into the Tax Compliance and Administration Fund to 
3reimburse the Department for its direct costs of administering 
4the collection and remittance of the assessment. The remaining 
5one-half shall be transferred into the Public Utility Fund to 
6reimburse the Commission for its costs of distributing to the 
7Illinois Telecommunications Access Corporation the amount 
8certified by the Department for distribution. The amount to be 
9charged or assessed under subsections (c) and (f) is not 
10imposed on a provider or the consumer for wireless Lifeline 
11service where the consumer does not pay the provider for the 
12service. Where the consumer purchases from the provider 
13optional minutes, texts, or other services in addition to the 
14federally funded Lifeline benefit, a consumer must pay the 
15charge or assessment, and it must be collected by the seller 
16according to this subsection (f). 
17 Interconnected VoIP services shall not be considered an 
18intrastate telecommunications service for the purposes of this 
19Section in a manner inconsistent with federal law or Federal 
20Communications Commission regulation. 
21 (g) The provisions of this Section are severable under 
22Section 1.31 of the Statute on Statutes. 
23 (h) The Commission may adopt rules necessary to implement 
24this Section. 
25(Source: P.A. 99-6, eff. 6-29-15; 99-143, eff. 7-27-15; 99-642, 
26eff. 7-28-16; 99-847, eff. 8-19-16; 99-933, eff. 1-27-17; 
 
 
10000SB1839ham004- 137 -LRB100 06226 SLF 27386 a


1revised 2-15-17.)


2 (220 ILCS 5/13-1200)
3 (Section scheduled to be repealed on July 1, 2017)
4 Sec. 13-1200. Repealer. This Article is repealed December 
531, 2023 July 1, 2017.
6(Source: P.A. 98-45, eff. 6-28-13; 99-6, eff. 6-29-15.)

7 (220 ILCS 5/21-401)
8 (Section scheduled to be repealed on July 1, 2017)
9 Sec. 21-401. Applications.
10 (a)(1) A person or entity seeking to provide cable service 
11or video service pursuant to this Article shall not use the 
12public rights-of-way for the installation or construction of 
13facilities for the provision of cable service or video service 
14or offer cable service or video service until it has obtained a 
15State-issued authorization to offer or provide cable or video 
16service under this Section, except as provided for in item (2) 
17of this subsection (a). All cable or video providers offering 
18or providing service in this State shall have authorization 
19pursuant to either (i) the Cable and Video Competition Law of 
202007 (220 ILCS 5/21-100 et seq.); (ii) Section 11-42-11 of the 
21Illinois Municipal Code (65 ILCS 5/11-42-11); or (iii) Section 
225-1095 of the Counties Code (55 ILCS 5/5-1095).
23 (2) Nothing in this Section shall prohibit a local unit of 
24government from granting a permit to a person or entity for the 
 
 
10000SB1839ham004- 138 -LRB100 06226 SLF 27386 a


1use of the public rights-of-way to install or construct 
2facilities to provide cable service or video service, at its 
3sole discretion. No unit of local government shall be liable 
4for denial or delay of a permit prior to the issuance of a 
5State-issued authorization.
6 (b) The application to the Commission for State-issued 
7authorization shall contain a completed affidavit submitted by 
8the applicant and signed by an officer or general partner of 
9the applicant affirming all of the following:
10  (1) That the applicant has filed or will timely file 
11 with the Federal Communications Commission all forms 
12 required by that agency in advance of offering cable 
13 service or video service in this State.
14  (2) That the applicant agrees to comply with all 
15 applicable federal and State statutes and regulations.
16  (3) That the applicant agrees to comply with all 
17 applicable local unit of government regulations.
18  (4) An exact description of the cable service or video 
19 service area where the cable service or video service will 
20 be offered during the term of the State-issued 
21 authorization. The service area shall be identified in 
22 terms of either (i) exchanges, as that term is defined in 
23 Section 13-206 of this Act; (ii) a collection of United 
24 States Census Bureau Block numbers (13 digit); (iii) if the 
25 area is smaller than the areas identified in either (i) or 
26 (ii), by geographic information system digital boundaries 
 
 
10000SB1839ham004- 139 -LRB100 06226 SLF 27386 a


1 meeting or exceeding national map accuracy standards; or 
2 (iv) local unit of government. The description shall 
3 include the number of low-income households within the 
4 service area or footprint. If an applicant is an incumbent 
5 cable operator, the incumbent cable operator and any 
6 successor-in-interest shall be obligated to provide access 
7 to cable services or video services within any local units 
8 of government at the same levels required by the local 
9 franchising authorities for the local unit of government on 
10 June 30, 2007
(the effective date of Public Act 95-9),
and 
11 its application shall provide a description of an area no 
12 smaller than the service areas contained in its franchise 
13 or franchises
within the jurisdiction of the local unit of 
14 government in which it seeks to offer cable or video 
15 service.
16  (5) The location and telephone number of the 
17 applicant's principal place of business within this State 
18 and the names of the applicant's principal executive 
19 officers who are responsible for communications concerning 
20 the application and the services to be offered pursuant to 
21 the application, the applicant's legal name, and any name 
22 or names under which the applicant does or will provide 
23 cable services or video services in this State.
24  (6) A certification that the applicant has 
25 concurrently delivered a copy of the application to all 
26 local units of government that include all or any part of 
 
 
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1 the service area identified in item (4) of this subsection 
2 (b)
within such local unit of government's jurisdictional 
3 boundaries.
4  (7) The expected date that cable service or video 
5 service will be initially offered in the area identified in 
6 item (4) of this subsection (b). In the event that a holder 
7 does not offer cable services or video services within 3

8 months after the expected date, it shall amend its 
9 application and update the expected date service will be 
10 offered and explain the delay in offering cable services or 
11 video services.
12  (8) For any entity that received State-issued 
13 authorization prior to this amendatory Act of the 98th 
14 General Assembly as a cable operator and that intends to 
15 proceed as a cable operator under this Article, the entity 
16 shall file a written affidavit with the Commission and 
17 shall serve a copy of the affidavit with any local units of 
18 government affected by the authorization within 30 days 
19 after the effective date of this amendatory Act of the 98th 
20 General Assembly stating that the holder will be providing 
21 cable service under the State-issued authorization. 
22 The application shall include adequate assurance that the 
23applicant possesses the financial, managerial, legal, and 
24technical qualifications necessary to construct and operate 
25the proposed system, to promptly repair any damage to the 
26public right-of-way caused by the applicant, and to pay the 
 
 
10000SB1839ham004- 141 -LRB100 06226 SLF 27386 a


1cost of removal of its facilities. To accomplish these 
2requirements, the applicant may, at the time the applicant 
3seeks to use the public rights-of-way in that jurisdiction, be 
4required by the State of Illinois or
later be required by the 
5local unit of government, or both, to post a bond, produce a 
6certificate of insurance, or otherwise demonstrate its 
7financial responsibility.
8 The application shall include the applicant's general 
9standards related to customer service required by Section 
1022-501 of this Act, which shall include, but not be limited to, 
11installation, disconnection, service and repair obligations; 
12appointment hours; employee ID requirements; customer service 
13telephone numbers and hours; procedures for billing, charges, 
14deposits, refunds, and credits; procedures for termination of 
15service; notice of deletion of programming service and changes 
16related to transmission of programming or changes or increases 
17in rates; use and availability of parental control or lock-out 
18devices; complaint procedures and procedures for bill dispute 
19resolution and a description of the rights and remedies 
20available to consumers if the holder does not materially meet 
21their customer service standards; and special services for 
22customers with visual, hearing, or mobility disabilities.
23 (c)(1) The applicant may designate information that it 
24submits in its application or subsequent reports as 
25confidential or proprietary, provided that the applicant 
26states the reasons the confidential designation is necessary. 
 
 
10000SB1839ham004- 142 -LRB100 06226 SLF 27386 a


1The Commission shall provide adequate protection for such 
2information pursuant to Section 4-404 of this Act. If the 
3Commission, a local unit of government, or any other party 
4seeks public disclosure of information designated as 
5confidential, the Commission shall consider the confidential 
6designation in a proceeding under the Illinois Administrative 
7Procedure
Act, and the burden of proof to demonstrate that the 
8designated information is confidential shall be upon the 
9applicant. Designated information shall remain confidential 
10pending the Commission's determination of whether the 
11information is entitled to confidential treatment. Information 
12designated as confidential shall be provided to local units of 
13government for purposes of assessing compliance with this 
14Article as permitted under a Protective Order issued by the 
15Commission pursuant to the Commission's rules and to the 
16Attorney General pursuant to Section 6.5 of the Attorney 
17General Act
(15 ILCS 205/6.5). Information designated as 
18confidential under this Section or determined to be 
19confidential upon Commission review shall only be disclosed 
20pursuant to a valid and enforceable subpoena or court order or 
21as required by the Freedom of Information Act. Nothing herein 
22shall delay the application approval timeframes set forth in 
23this Article.
24 (2) Information regarding the location of video services 
25that have been or are being offered to the public and aggregate 
26information included in the reports required by this Article 
 
 
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1shall not be designated or treated as confidential.
2 (d)(1) The Commission shall post all applications it 
3receives under this Article on its web site within 5
business 
4days.
5 (2) The Commission shall notify an applicant for a cable 
6service or video service authorization whether the applicant's 
7application and affidavit are complete on or before the 15th 
8business day after the applicant submits the application. If 
9the application and affidavit are not complete, the Commission 
10shall state in its notice all of the reasons the application or 
11affidavit are incomplete, and the applicant shall resubmit a 
12complete application. The Commission shall have 30 days after 
13submission by the applicant of a complete application and 
14affidavit to issue the service authorization. If the Commission 
15does not notify the applicant regarding the completeness of the 
16application and affidavit or issue the service authorization 
17within the time periods required under this subsection, the 
18application and affidavit shall be considered complete and the 
19service authorization issued upon the expiration of the 30th 
20day.
21 (e) Any authorization issued by the Commission will expire 
22on December 31, 2020 and shall contain or include all of the 
23following:
24  (1) A grant of authority, including an authorization 
25 issued prior to this amendatory Act of the 98th General 
26 Assembly, to provide cable service or video service in the 
 
 
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1 service area footprint as requested in the application, 
2 subject to the provisions of this Article in existence on 
3 the date the grant of authority was issued, and any 
4 modifications to this Article enacted at any time prior to 
5 the date in Section 21-1601 of this Act, and to the laws of 
6 the State and the ordinances, rules, and regulations of the 
7 local units of government.
8  (2) A grant of authority to use, occupy, and construct 
9 facilities in the public rights-of-way for the delivery of 
10 cable service or video service in the service area 
11 footprint, subject to the laws, ordinances, rules, or 
12 regulations of this State and local units of governments.
13  (3) A statement that the grant of authority is subject 
14 to lawful operation of the cable service or video service 
15 by the applicant, its affiliated entities, or its 
16 successors-in-interest.
17 (e-5) The Commission shall notify a local unit of 
18government within 3
business days of the grant of any 
19authorization within a service area footprint if that 
20authorization includes any part of the local unit of 
21government's jurisdictional boundaries and state whether the 
22holder will be providing video service or cable service under 
23the authorization.
24 (f) The authorization issued pursuant to this Section
by 
25the Commission may be transferred to any successor-in-interest 
26to the applicant to which it is initially granted without 
 
 
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1further Commission action if the successor-in-interest (i) 
2submits an application and the information required by 
3subsection (b) of this Section
for the successor-in-interest 
4and (ii) is not in violation of this Article or of any federal, 
5State, or local law, ordinance, rule, or regulation. A 
6successor-in-interest shall file its application and notice of 
7transfer with the Commission and the relevant local units of 
8government no less than 15
business days prior to the 
9completion of the transfer. The Commission is not required or 
10authorized to act upon the notice of transfer; however, the 
11transfer is not effective until the Commission approves the 
12successor-in-interest's application. A local unit of 
13government or the Attorney General may seek to bar a transfer 
14of ownership by filing suit in a court of competent 
15jurisdiction predicated on the existence of a material and 
16continuing breach of this Article by the holder, a pattern of 
17noncompliance with customer service standards by the potential 
18successor-in-interest, or the insolvency of the potential 
19successor-in-interest. If a transfer is made when there are 
20violations of this Article or of any federal, State, or local 
21law, ordinance, rule, or regulation, the successor-in-interest 
22shall be subject to 3
times the penalties provided for in this 
23Article.
24 (g) The authorization issued pursuant to this Section by 
25the Commission may be terminated, or its cable service or video 
26service area footprint may be modified, by the cable service 
 
 
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1provider or video service provider by submitting notice to the 
2Commission and to the relevant local unit of government 
3containing a description of the change on the same terms as the 
4initial description pursuant to item (4) of subsection (b) of 
5this Section. The Commission is not required or authorized to 
6act upon that notice. It shall be a violation of this Article 
7for a holder to discriminate against potential residential 
8subscribers because of the race or income of the residents in 
9the local area in which the group resides by terminating or 
10modifying its cable service or video service area footprint. It 
11shall be a violation of this Article for a holder to terminate 
12or modify its cable service or video service area footprint if 
13it leaves an area with no cable service or video service from 
14any provider.
15 (h) The Commission's authority to administer this Article 
16is limited to the powers and duties explicitly provided under 
17this Article. Its authority under this Article does not include 
18or limit the powers and duties that the Commission has under 
19the other Articles of this Act, the Illinois Administrative 
20Procedure Act,
or any other law or regulation to conduct 
21proceedings, other than as provided in subsection (c), or has 
22to promulgate rules or regulations. The Commission shall not 
23have the authority to limit or expand the obligations and 
24requirements provided in this Section or to regulate or control 
25a person or entity to the extent that person or entity is 
26providing cable service or video service, except as provided in 
 
 
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1this Article.

2(Source: P.A. 98-45, eff. 6-28-13; 98-756, eff. 7-16-14; 99-6, 
3eff. 6-29-15.)

4 (220 ILCS 5/21-1601)

5 Sec. 21-1601. Repealer. Sections 21-101 through 21-1501 of 
6this Article are repealed December 31, 2021 July 1, 2017.

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


8 Section 99. Effective date. This Act takes effect upon 
9becoming law.".