220 ILCS 5/13-801
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article XIII - Telecommunications

 (from Ch. 111 2/3, par. 13-801)(Section scheduled to be repealed on December 31, 2026)Sec. 13-801. Incumbent local exchange carrier obligations.(a) This Section provides  additional State requirements contemplated by, but not inconsistent with,  Section  261(c) of the federal Telecommunications Act of 1996, and not preempted by  orders of the Federal Communications Commission.  A telecommunications carrier not subject to regulation under an alternative  regulation plan pursuant to Section 13-506.1  of this Act shall not be subject to the provisions of this Section, to the  extent that this Section imposes requirements or obligations upon the  telecommunications carrier that exceed or are more stringent than those  obligations imposed by Section 251 of the federal Telecommunications Act of  1996 and regulations promulgated thereunder.An incumbent local exchange carrier shall provide a requesting  telecommunications carrier with interconnection, collocation, network elements,  and  access to operations support systems on just, reasonable, and nondiscriminatory  rates,  terms, and  conditions to enable the provision of any and all existing and new  telecommunications  services within the LATA, including, but not limited to, local exchange and  exchange  access.  The Commission shall require the incumbent local exchange carrier to  provide  interconnection, collocation, and network elements in any manner technically  feasible to  the fullest extent possible to implement the maximum development of competitive  telecommunications services offerings. As used in this Section, to the extent  that  interconnection, collocation, or network elements have been deployed for or by  the  incumbent local exchange carrier or one of its wireline local exchange  affiliates in any  jurisdiction, it shall be presumed that such is technically feasible in  Illinois.(b) Interconnection.(1) An incumbent local exchange carrier shall provide     for the facilities and equipment of any requesting telecommunications carrier's interconnection with the incumbent local exchange carrier's network on just, reasonable, and nondiscriminatory rates, terms, and conditions:(A) for the transmission and routing of local         exchange, and exchange access telecommunications services;(B) at any technically feasible point within the         incumbent local exchange carrier's network; however, the incumbent local exchange carrier may not require the requesting carrier to interconnect at more than one technically feasible point within a LATA; and(C) that is at least equal in quality and         functionality to that provided by the incumbent local exchange carrier to itself or to any subsidiary, affiliate, or any other party to which the incumbent local exchange carrier provides interconnection.(2) An incumbent local exchange carrier shall make     available to any requesting telecommunications carrier, to the extent technically feasible, those services, facilities, or interconnection agreements or arrangements that the incumbent local exchange carrier or any of its incumbent local exchange subsidiaries or affiliates offers in another state under the terms and conditions, but not the stated rates, negotiated pursuant to Section 252 of the federal Telecommunications Act of 1996.  Rates shall be established in accordance with the requirements of subsection (g) of this Section.  An incumbent local exchange carrier shall also make available to any requesting telecommunications carrier, to the extent technically feasible, and subject to the unbundling provisions of Section 251(d)(2) of the federal Telecommunications Act of 1996, those unbundled network element or interconnection agreements or arrangements that a local exchange carrier affiliate of the incumbent local exchange carrier obtains in another state from the incumbent local exchange carrier in that state, under the terms and conditions, but not the stated rates, obtained through negotiation, or through an arbitration initiated by the affiliate, pursuant to Section 252 of the federal Telecommunications Act of 1996. Rates shall be established in accordance with the requirements of subsection (g) of this Section.(c) Collocation. An incumbent local exchange carrier shall provide for  physical  or virtual collocation of any type of equipment for interconnection or access  to network  elements at the premises of the incumbent local exchange carrier on just,  reasonable, and  nondiscriminatory rates, terms, and conditions. The equipment shall include,  but is not  limited to, optical transmission equipment, multiplexers, remote switching  modules, and  cross-connects between the facilities or equipment of other collocated  carriers.  The  equipment shall also include microwave transmission facilities on the exterior  and interior of  the incumbent local exchange carrier's premises used for interconnection to, or  for  access to network elements of, the incumbent local exchange carrier or a  collocated  carrier, unless the incumbent local exchange carrier demonstrates to the  Commission that  it is not practical due to technical reasons or space limitations.  An  incumbent local  exchange carrier shall allow, and provide for, the most reasonably direct and  efficient  cross-connects, that are consistent with safety and network reliability  standards, between  the facilities of collocated carriers.  An incumbent local exchange carrier  shall also allow,  and provide for, cross connects between a noncollocated telecommunications  carrier's  network elements platform, or a noncollocated telecommunications carrier's  transport  facilities, and the facilities of any collocated carrier, consistent with  safety and network  reliability standards.(d) Network elements.  The incumbent local exchange carrier shall provide to  any  requesting telecommunications carrier, for the provision of an existing or a  new  telecommunications service, nondiscriminatory access to network elements on any  unbundled or bundled basis, as requested, at any technically feasible point on just,  reasonable, and nondiscriminatory rates, terms, and conditions.(1) An incumbent local exchange carrier shall provide     unbundled network elements in a manner that allows requesting telecommunications carriers to combine those network elements to provide a telecommunications service.(2) An incumbent local exchange carrier shall not     separate network elements that are currently combined, except at the explicit direction of the requesting carrier.(3) Upon request, an incumbent local exchange carrier     shall combine any sequence of unbundled network elements that it ordinarily combines for itself, including but not limited to, unbundled network elements identified in The Draft of the Proposed Ameritech Illinois 271 Amendment (I2A) found in Schedule SJA-4 attached to Exhibit 3.1 filed by Illinois Bell Telephone Company on or about March 28, 2001 with the Illinois Commerce Commission under Illinois Commerce Commission Docket Number 00-0700.  The Commission shall determine those network elements the incumbent local exchange carrier ordinarily combines for itself if there is a dispute between the incumbent local exchange carrier and the requesting telecommunications carrier under this subdivision of this Section of this Act.The incumbent local exchange carrier shall be     entitled to recover from the requesting telecommunications carrier any just and reasonable special construction costs incurred in combining such unbundled network elements (i) if such costs are not already included in the established price of providing the network elements, (ii) if the incumbent local exchange carrier charges such costs to its retail telecommunications end users, and (iii) if fully disclosed in advance to the requesting telecommunications carrier.  The Commission shall determine whether the incumbent local exchange carrier is entitled to any special construction costs if there is a dispute between the incumbent local exchange carrier and the requesting telecommunications carrier under this subdivision of this Section of this Act.(4) A telecommunications carrier may use a network     elements platform consisting solely of combined network elements of the incumbent local exchange carrier to provide end to end telecommunications service for the provision of existing and new local exchange, interexchange that includes local, local toll, and intraLATA toll, and exchange access telecommunications services within the LATA to its end users or payphone service providers without the requesting telecommunications carrier's provision or use of any other facilities or functionalities.(5) The Commission shall establish maximum time     periods for the incumbent local exchange carrier's provision of  network elements.  The maximum time period shall be no longer than the time period for the incumbent local exchange carrier's provision of comparable retail telecommunications services utilizing those network elements. The Commission may establish a maximum time period for a particular network element that is shorter than for a comparable retail telecommunications service offered by the incumbent local exchange carrier if a requesting  telecommunications carrier establishes that it shall perform other functions or activities after receipt of the particular network element to provide telecommunications services to end users.  The burden of proof for establishing a maximum time period for a particular network element that is shorter than for a comparable retail telecommunications service offered by the incumbent local exchange carrier shall be on the requesting telecommunications carrier. Notwithstanding any other provision of this Article, unless and until the Commission establishes by rule or order a different specific maximum time interval, the maximum time intervals shall not exceed 5 business days for the provision of unbundled loops, both digital and analog, 10 business days for the conditioning of unbundled loops or for existing combinations of network elements for an end user that has existing local exchange telecommunications service, and one business day for the provision of the high frequency portion of the loop (line-sharing) for at least 95% of the requests of each requesting telecommunications carrier for each month.In measuring the incumbent local exchange carrier's     actual performance, the Commission shall ensure that occurrences beyond the control of the incumbent local exchange carrier that adversely affect the incumbent local exchange carrier's performance are excluded when determining actual performance levels.  Such occurrences shall be determined by the Commission, but at a minimum must include work stoppage or other labor actions and acts of war.  Exclusions shall also be made for performance that is governed by agreements approved by the Commission and containing timeframes for the same or similar measures or for when a requesting telecommunications carrier requests a longer time interval.(6) When a telecommunications carrier requests a     network elements platform referred to in subdivision (d)(4) of this Section, without the need for field work outside of the central office, for an end user that has existing local exchange telecommunications service provided by an incumbent local exchange carrier, or by another telecommunications carrier through the incumbent local exchange carrier's network elements platform, unless otherwise agreed by the telecommunications carriers, the incumbent local exchange carrier shall provide the requesting telecommunications carrier with the requested network elements platform within 3 business days for at least 95% of the requests for each requesting telecommunications carrier for each month.  A requesting telecommunications carrier may order the network elements platform as is for an end user that has such existing local exchange service without changing any of the features previously selected by the end user.  The incumbent local exchange carrier shall provide the requested network elements platform without any disruption to the end user's services.Absent a contrary agreement between the     telecommunications carriers entered into after the effective date of this amendatory Act of the 92nd General Assembly, as of 12:01 a.m. on the third business day after placing the order for a network elements platform, the requesting telecommunications carrier shall be the presubscribed primary local exchange carrier for that end user line and shall be entitled to receive, or to direct the disposition of, all revenues for all services utilizing the network elements in the platform, unless it is established that the end user of the existing local exchange service did not authorize the requesting telecommunications carrier to make the request.(e) Operations support systems.  The Commission shall establish minimum  standards  with just, reasonable, and nondiscriminatory rates, terms, and conditions for  the  preordering, ordering, provisioning, maintenance and repair, and billing  functions of the  incumbent local exchange carrier's operations support systems provided to other  telecommunications carriers.(f) Resale.  An incumbent local exchange carrier shall offer all retail  telecommunications services, that the incumbent local exchange carrier provides  at retail  to subscribers who are not telecommunications carriers, within the LATA,  together with  each applicable optional feature or functionality, subject to resale at  wholesale rates  without imposing any unreasonable or discriminatory conditions or limitations.  Wholesale rates shall be based on the retail rates charged to end users for the  telecommunications service requested, excluding the portion thereof  attributable to any  marketing, billing, collection, and other costs avoided by the local exchange  carrier.  The Commission may determine under Article IX of this Act that certain  noncompetitive services, together with each applicable optional feature or  functionality, that are offered to residence customers under different rates,  charges, terms, or conditions than to other customers should not be subject to  resale under the rates, charges, terms, or conditions available only to  residence customers.(g) Cost based rates. Interconnection, collocation, network elements, and  operations  support systems shall be provided by the incumbent local exchange carrier to  requesting  telecommunications carriers at cost based rates. The immediate implementation  and  provisioning of interconnection, collocation, network elements, and operations  support  systems shall not be delayed due to any lack of determination by the Commission  as to  the cost based rates.  When cost based rates have not been established, within  30 days after  the filing of a petition for the setting of interim rates, or after the  Commission's own  motion, the Commission shall provide for interim rates that shall remain in  full force and  effect until the cost based rate determination is made, or the interim rate is  modified, by  the Commission.(h) Rural exemption. This Section does not apply to certain rural telephone  companies as  described in 47 U.S.C. 251(f).(i) Schedule of rates. A telecommunications carrier may request the  incumbent  local exchange carrier to provide a schedule of rates listing each of the rate  elements of  the incumbent local exchange carrier that pertains to a proposed order  identified by the  requesting telecommunications carrier for any of the matters covered in this  Section.  The  incumbent local exchange carrier shall deliver the requested schedule of rates  to the  requesting telecommunications carrier within 2 business days for 95% of the  requests for each requesting carrier(j) Special access circuits.  Other than as provided in subdivision  (d)(4) of this Section  for the network elements platform described in that subdivision, nothing in  this amendatory Act of the 92nd General Assembly is intended to require or  prohibit the substitution of switched or special access services by or with a  combination of network elements nor address the Illinois Commerce Commission's  jurisdiction or authority in this area.(k) The Commission shall determine any matters in dispute between the  incumbent local exchange carrier and the requesting carrier pursuant to Section  13-515 of this Act.  (Source: P.A. 100-20, eff. 7-1-17.)