Article XIII - Telecommunications
(220 ILCS 5/Art. XIII heading) ARTICLE XIII. TELECOMMUNICATIONS (Article scheduled to be repealed on July 1, 2013) |
(220 ILCS 5/13‑100) (from Ch. 111 2/3, par. 13‑100)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑100. This Article shall be known and may be cited as the Universal Telephone Service Protection Law of 1985.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑101) (from Ch. 111 2/3, par. 13‑101)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑101. Application of Act to telecommunications rates and services. Except to the extent modified or supplemented by the specific provisions of this Article, the Sections of this Act pertaining to public utilities, public utility rates and services, and the regulation thereof, are fully and equally applicable to noncompetitive telecommunications rates and services, and the regulation thereof, except where the context clearly renders such provisions inapplicable. Except to the extent modified or supplemented by the specific provisions of this Article, Articles I through V, Sections 8‑301, 8‑305, 8‑502, 8‑503, 8‑505, 8‑509, 8‑509.5, 8‑510, 9‑221, 9‑222, 9‑222.1, 9‑222.2, 9‑250, and 9‑252.1, and Article X of this Act are fully and equally applicable to competitive telecommunications rates and services, and the regulation thereof except that Section 9‑250 shall not apply to competitive retail telecommunications services; in addition, as to competitive telecommunications rates and services, and the regulation thereof, and with the exception of competitive retail telecommunications service rates and services, all rules and regulations made by a telecommunications carrier affecting or pertaining to its charges or service shall be just and reasonable. As of the effective date of this amendatory Act of the 92nd General Assembly, Sections 4‑202, 4‑203, and 5‑202 of this Act shall cease to apply to telecommunications rates and services.
(Source: P.A. 96‑927, eff. 6‑15‑10.)
(220 ILCS 5/13‑102) (from Ch. 111 2/3, par. 13‑102)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑102. Findings. With respect to telecommunications services, as herein defined, the General Assembly finds that:
(a) universally available and widely affordable telecommunications services are essential to the health, welfare and prosperity of all Illinois citizens;
(b) federal regulatory and judicial rulings in the 1980s caused a restructuring of the telecommunications industry and opened some aspects of the industry to competitive entry, thereby necessitating revision of State telecommunications regulatory policies and practices;
(c) revisions in telecommunications regulatory policies and practices in Illinois beginning in the mid‑1980s brought the benefits of competition to consumers in many telecommunications markets, but not in local exchange telecommunications service markets;
(d) the federal Telecommunications Act of 1996 established the goal of opening all telecommunications service markets to competition and accords to the states the responsibility to establish and enforce policies necessary to attain that goal;
(e) it is in the immediate interest of the People of the State of Illinois for the State to exercise its rights within the new framework of federal telecommunications policy to ensure that the economic benefits of competition in all telecommunications service markets are realized as effectively as possible;
(f) the competitive offering of all telecommunications services will increase innovation and efficiency in the provision of telecommunications services and may lead to reduced prices for consumers, increased investment in communications infrastructure, the creation of new jobs, and the attraction of new businesses to Illinois; and
(g) protection of the public interest requires changes in the regulation of telecommunications carriers and services to ensure, to the maximum feasible extent, the reasonable and timely development of effective competition in all telecommunications service markets.
(Source: P.A. 90‑185, eff. 7‑23‑97.) |
(220 ILCS 5/13‑103) (from Ch. 111 2/3, par. 13‑103)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑103. Policy. Consistent with its findings, the General Assembly declares that it is the policy of the State of Illinois that:
(a) telecommunications services should be available to all Illinois citizens at just, reasonable, and affordable rates and that such services should be provided as widely and economically as possible in sufficient variety, quality, quantity and reliability to satisfy the public interest;
(b) consistent with the protection of consumers of telecommunications services and the furtherance of other public interest goals, competition in all telecommunications service markets should be pursued as a substitute for regulation in determining the variety, quality and price of telecommunications services and that the economic burdens of regulation should be reduced to the extent possible consistent with the furtherance of market competition and protection of the public interest;
(c) all necessary and appropriate modifications to State regulation of telecommunications carriers and services should be implemented without unnecessary disruption to the telecommunications infrastructure system or to consumers of telecommunications services and that it is necessary and appropriate to establish rules to encourage and ensure orderly transitions in the development of markets for all telecommunications services;
(d) the consumers of telecommunications services and facilities provided by persons or companies subject to regulation pursuant to this Act and Article should be required to pay only reasonable and non‑discriminatory rates or charges and that in no case should rates or charges for non‑competitive telecommunications services include any portion of the cost of providing competitive telecommunications services, as defined in Section 13‑209, or the cost of any nonregulated activities;
(e) the regulatory policies and procedures provided in this Article are established in recognition of the changing nature of the telecommunications industry and therefore should be subject to systematic legislative review to ensure that the public benefits intended to result from such policies and procedures are fully realized; and
(f) development of and prudent investment in advanced telecommunications services and networks that foster economic development of the State should be encouraged through the implementation and enforcement of policies that promote effective and sustained competition in all telecommunications service markets.
(Source: P.A. 90‑185, eff. 7‑23‑97.) |
(220 ILCS 5/13‑201) (from Ch. 111 2/3, par. 13‑201)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑201. Unless otherwise specified, the terms set forth in the following Sections preceding Section 13‑301 of this Article are used in this Act and Article as herein defined.
(Source: P.A. 85‑1405.) |
(220 ILCS 5/13‑202) (from Ch. 111 2/3, par. 13‑202)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑202. "Telecommunications carrier" means and includes every corporation, company, association, joint stock company or association, firm, partnership or individual, their lessees, trustees or receivers appointed by any court whatsoever that owns, controls, operates or manages, within this State, directly or indirectly, for public use, any plant, equipment or property used or to be used for or in connection with, or owns or controls any franchise, license, permit or right to engage in the provision of, telecommunications services between points within the State which are specified by the user. "Telecommunications carrier" includes an Electing Provider, as defined in Section 13‑506.2. Telecommunications carrier does not include, however:
(a) telecommunications carriers that are owned and operated by any political subdivision, public or private institution of higher education or municipal corporation of this State, for their own use, or telecommunications carriers that are owned by such political subdivision, public or private institution of higher education, or municipal corporation and operated by any of its lessees or operating agents, for their own use;
(b) telecommunications carriers which are purely mutual concerns, having no rates or charges for services, but paying the operating expenses by assessment upon the members of such a company and no other person but does include telephone or telecommunications cooperatives as defined in Section 13‑212;
(c) a company or person which provides telecommunications services solely to itself and its affiliates or members or between points in the same building, or between closely located buildings, affiliated through substantial common ownership, control or development; or
(d) a company or person engaged in the delivery of community antenna television services as described in subdivision (c) of Section 13‑203, except with respect to the provision of telecommunications services by that company or person.
(Source: P.A. 96‑927, eff. 6‑15‑10.)
(220 ILCS 5/13‑202.5)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑202.5. Incumbent local exchange carrier. "Incumbent local exchange carrier" means, with respect to an area, the telecommunications carrier that provided noncompetitive local exchange telecommunications service in that area on February 8, 1996, and on that date was deemed a member of the exchange carrier association pursuant to 47 C.F.R. 69.601(b), and includes its successors, assigns, and affiliates.
(Source: P.A. 92‑22, eff. 6‑30‑01.) |
(220 ILCS 5/13‑203) (from Ch. 111 2/3, par. 13‑203)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑203. Telecommunications service.
"Telecommunications service" means the provision or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of information, by means of electromagnetic, including light, transmission with or without benefit of any closed transmission medium, including all instrumentalities, facilities, apparatus, and services (including the collection, storage, forwarding, switching, and delivery of such information) used to provide such transmission and also includes access and interconnection arrangements and services.
"Telecommunications service" does not include, however:
(a) the rent, sale, or lease, or exchange for other |
| value received, of customer premises equipment except for customer premises equipment owned or provided by a telecommunications carrier and used for answering 911 calls, and except for customer premises equipment provided under Section 13‑703; |
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(b) telephone or telecommunications answering |
| services, paging services, and physical pickup and delivery incidental to the provision of information transmitted through electromagnetic, including light, transmission; |
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(c) community antenna television service which is |
| operated to perform for hire the service of receiving and distributing video and audio program signals by wire, cable or other means to members of the public who subscribe to such service, to the extent that such service is utilized solely for the one‑way distribution of such entertainment services with no more than incidental subscriber interaction required for the selection of such entertainment service. |
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The Commission may, by rulemaking, exclude (1) private line service which is not directly or indirectly used for the origination or termination of switched telecommunications service, (2) cellular radio service, (3) high‑speed point‑to‑point data transmission at or above 9.6 kilobits, or (4) the provision of telecommunications service by a company or person otherwise subject to Section 13‑202 (c) to a telecommunications carrier, which is incidental to the provision of service subject to Section 13‑202 (c), from active regulatory oversight to the extent it finds, after notice, hearing and comment that such exclusion is consistent with the public interest and the purposes and policies of this Article. To the extent that the Commission has excluded cellular radio service from active regulatory oversight for any provider of cellular radio service in this State pursuant to this Section, the Commission shall exclude all other providers of cellular radio service in the State from active regulatory oversight without an additional rulemaking proceeding where there are 2 or more certified providers of cellular radio service in a geographic area.
(Source: P.A. 90‑185, eff. 7‑23‑97.) |
(220 ILCS 5/13‑204) (from Ch. 111 2/3, par. 13‑204)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑204. "Local Exchange Telecommunications Service" means telecommunications service between points within an exchange, as defined in Section 13‑206, or the provision of telecommunications service for the origination or termination of switched telecommunications services.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑205) (from Ch. 111 2/3, par. 13‑205)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑205. "Interexchange Telecommunications Service" means telecommunications service between points in two or more exchanges.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑206) (from Ch. 111 2/3, par. 13‑206)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑206. Exchange. "Exchange" means a geographical area for the administration of telecommunications services, established and described by the tariff of a telecommunications carrier providing local exchange telecommunications service, and consisting of one or more contiguous central offices, together with associated facilities used in providing such local exchange telecommunications service. To the extent practicable, a municipality, city, or village shall not be located in more than one exchange unless the municipality, city, or village is located in more than one exchange through annexation that occurs after the establishment of the exchange boundary.
(Source: P.A. 87‑856.) |
(220 ILCS 5/13‑207) (from Ch. 111 2/3, par. 13‑207)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑207. "Local Access and Transport Area (LATA)" means a geographical area designated by the Modification of Final Judgment in U.S. v. Western Electric Co., Inc., 552 F. Supp. 131 (D.D.C. 1982), as modified from time to time.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑208) (from Ch. 111 2/3, par. 13‑208)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑208. "Market Service Area (MSA)" means a geographical area consisting of one or more exchanges, defined by the Commission for the administration of tariffs, services and other regulatory obligations. The term Market Service Area includes those areas previously designated by the Commission.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑209) (from Ch. 111 2/3, par. 13‑209)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑209. "Competitive Telecommunications Service" means a telecommunications service, its functional equivalent or a substitute service, which, for some identifiable class or group of customers in an exchange, group of exchanges, or some other clearly defined geographical area, is reasonably available from more than one provider, whether or not such provider is a telecommunications carrier subject to regulation under this Act. A telecommunications service may be competitive for the entire state, some geographical area therein, including an exchange or set of exchanges, or for a specific customer or class or group of customers, but only to the extent consistent with this definition.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑210) (from Ch. 111 2/3, par. 13‑210)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑210. "Noncompetitive Telecommunications Service" means a telecommunications service other than a competitive service as defined in Section 13‑209.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑211) (from Ch. 111 2/3, par. 13‑211)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑211. "Resale of Telecommunications Service" means the offering or provision of telecommunications service primarily through the use of services or facilities owned or provided by a separate telecommunications carrier.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑212) (from Ch. 111 2/3, par. 13‑212)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑212. "Telephone or Telecommunications Cooperative" means any Illinois corporation organized on a cooperative basis for the furnishing of telephone or telecommunications service.
(Source: P.A. 84‑1063.) |
(220 ILCS 5/13‑213) (from Ch. 111 2/3, par. 13‑213)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑213. "Hearing‑aid compatible telephone" means a telephone so equipped that it can activate an inductive coupling hearing‑aid or which will provide an alternative technology that provides equally effective telephone service and which will provide equipment necessary for the hearing impaired to use generally available telecommunications services effectively or without assistance.
(Source: P.A. 85‑1405.) |
(220 ILCS 5/13‑214) (from Ch. 111 2/3, par. 13‑214)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑214. (a) "Public mobile services" means air‑to‑ground radio telephone services, cellular radio telecommunications services, offshore radio, rural radio service, public land mobile telephone service and other common carrier radio communications services.
(b) "Private radio services" means private land mobile radio services and other communications services characterized by the Commission as private radio services.
(Source: P.A. 85‑1405.) |
(220 ILCS 5/13‑215) (from Ch. 111 2/3, par. 13‑215)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑215. (a) "Essential telephones" means all coin operated telephones in any public or semi‑public location, telephones provided for emergency use, a reasonable percentage of telephones in hotels, motels, hospitals and nursing homes and a reasonable percentage of credit card operated telephones in any group of such telephones.
(b) "Emergency use telephones" includes all telephones intended primarily to save persons from bodily injury, theft or life threatening situations. This definition includes, but is not limited to telephones in elevators, on highways and telephones to alert police, a fire department or other emergency service providers.
(Source: P.A. 85‑1405.) |
(220 ILCS 5/13‑216)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑216. Network element. "Network element" means a facility or equipment used in the provision of a telecommunications service. The term also includes features, functions, and capabilities that are provided by means of the facility or equipment, including, but not limited to, subscriber numbers, databases, signaling systems, and information sufficient for billing and collection or used in the transmission, routing, or other provision of a telecommunications service.
(Source: P.A. 92‑22, eff. 6‑30‑01.) |
(220 ILCS 5/13‑217)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑217. End user. "End user" means any person, corporation, partnership, firm, municipality, cooperative, organization, governmental agency, building owner, or other entity provided with a telecommunications service for its own consumption and not for resale.
(Source: P.A. 92‑22, eff. 6‑30‑01.) |
(220 ILCS 5/13‑218)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑218. Business end user. "Business end user" means (1) an end user engaged primarily or substantially in a paid commercial, professional, or institutional activity; (2) an end user provided telecommunications service in a commercial, professional, or institutional location, or other location serving primarily or substantially as a site of an activity for pay; (3) an end user whose telecommunications service is listed as the principal or only number for a business in any yellow pages directory; (4) an end user whose telecommunications service is used to conduct promotions, solicitations, or market research for which compensation or reimbursement is paid or provided; provided, however, that the use of telecommunications service, without compensation or reimbursement, for a charitable or civic purpose shall not constitute business use of a telecommunications service.
(Source: P.A. 92‑22, eff. 6‑30‑01.) |
(220 ILCS 5/13‑219)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑219. Residential end user. "Residential end user" means an end user other than a business end user.
(Source: P.A. 92‑22, eff. 6‑30‑01.) |
(220 ILCS 5/13‑220)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑220. Retail telecommunications service. "Retail telecommunications service" means a telecommunications service sold to an end user. "Retail telecommunications service" does not include a telecommunications service provided by a telecommunications carrier to a telecommunications carrier, including to itself, as a component of, or for the provision of, telecommunications service. A business retail telecommunications service is a retail telecommunications service provided to a business end user. A residential retail telecommunications service is a retail telecommunications service provided to a residential end user.
(Source: P.A. 92‑22, eff. 6‑30‑01.) |
(220 ILCS 5/13‑230)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑230. Prepaid calling service. "Prepaid calling service" means telecommunications service that must be paid for in advance by an end user, enables the end user to originate calls using an access number or authorization code, whether manually or electronically dialed, and is sold in predetermined units or dollars of which the number declines with use in a known amount. A prepaid calling service call is a call made by an end user using prepaid calling service. "Prepaid calling service" does not include prepaid wireless telephone service as defined in Section 10 of the Wireless Emergency Telephone Safety Act.
(Source: P.A. 93‑1002, eff. 1‑1‑05.)|
(220 ILCS 5/13‑231)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑231. Prepaid calling service provider. "Prepaid calling service provider" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that contracts directly with a telecommunications carrier to resell or offers to resell telecommunications service as prepaid calling service to one or more distributors, prepaid calling resellers, prepaid calling service retailers, or end users.
(Source: P.A. 93‑1002, eff. 1‑1‑05.)|
(220 ILCS 5/13‑232)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑232. Prepaid calling service retailer. "Prepaid calling service retailer" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that sells or offers to sell prepaid calling service directly to one or more end users.
(Source: P.A. 93‑1002, eff. 1‑1‑05.)|
(220 ILCS 5/13‑233)
(Section scheduled to be repealed on July 1, 2013)
Sec. 13‑233. Prepaid calling service reseller. "Prepaid calling service reseller" means and includes every corporation, company, association, joint stock company or association, firm, partnership, or individual and their lessees, trustees, or receivers appointed by any court whatsoever that purchases prepaid calling services from a prepaid calling service provider or distributo
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