220 ILCS 5/13-506.1
2021 Illinois Compiled Statutes|Chapter 220 - UTILITIES|220 ILCS 5/ - Public Utilities Act.|Article XIII - Telecommunications

 (from Ch. 111 2/3, par. 13-506.1)(Section scheduled to be repealed on December 31, 2026)Sec. 13-506.1. Alternative forms of regulation for noncompetitive services.(a) Notwithstanding any of the ratemaking provisions of this Article or  Article IX that are deemed to require rate of return regulation, the  Commission may implement alternative forms of regulation in order to  establish just and reasonable rates for noncompetitive telecommunications  services including, but not limited to, price regulation, earnings sharing,  rate moratoria, or a network modernization plan.  The Commission is  authorized to adopt different forms of regulation to fit the particular  characteristics of different telecommunications carriers and their service  areas.In addition to the public policy goals declared in Section 13-103, the  Commission shall consider, in determining the appropriateness of any  alternative form of regulation, whether it will:(1) reduce regulatory delay and costs over time;(2) encourage innovation in services;(3) promote efficiency;(4) facilitate the broad dissemination of technical     improvements to all classes of ratepayers;(5) enhance economic development of the State; and(6) provide for fair, just, and reasonable rates.(b) A telecommunications carrier providing noncompetitive  telecommunications services may petition the Commission to regulate the  rates or charges of its noncompetitive services under an alternative form  of regulation.  The telecommunications carrier shall submit with its  petition its plan for an alternative form of regulation.  The Commission  shall review and may modify or reject the carrier's proposed plan.  The  Commission also may initiate consideration of alternative  forms of regulation for a telecommunications carrier on its own motion.  The Commission may approve the plan or modified plan and authorize its  implementation only if it finds, after notice and hearing, that the plan or  modified plan at a minimum:(1) is in the public interest;(2) will produce fair, just, and reasonable rates for     telecommunications services;(3) responds to changes in technology and the     structure of the telecommunications industry that are, in fact, occurring;(4) constitutes a more appropriate form of regulation     based on the Commission's overall consideration of the policy goals set forth in Section 13-103 and this Section;(5) specifically identifies how ratepayers will     benefit from any efficiency gains, cost savings arising out of the regulatory change, and improvements in productivity due to technological change;(6) will maintain the quality and availability of     telecommunications services; and(7) will not unduly or unreasonably prejudice or     disadvantage any particular customer class, including telecommunications carriers.(c) An alternative regulation plan approved under this Section shall  provide, as a condition for Commission approval of the plan, that for the  first 3 years the plan is in effect, basic residence service rates shall be  no higher than those rates in effect 180 days before the filing of the  plan.  This provision shall not be used as a justification or rationale for  an increase in basic service rates for any other customer class.  For  purposes of this Section, "basic residence service rates" shall mean  monthly recurring charges for the telecommunications carrier's lowest  priced primary residence network access lines, along  with any associated untimed or flat rate local usage charges.  Nothing in  this subsection (c) shall preclude the Commission from approving an  alternative regulation plan that results in rate reductions  provided all the requirements of subsection (b) are satisfied by the plan.(d) Any alternative form of regulation granted for a multi-year period  under this Section shall provide for annual or more frequent reporting to  the Commission to document that the requirements of the plan are being  properly implemented.(e) Upon petition by the telecommunications carrier or any other person  or upon its own motion, the Commission may rescind its approval of an  alternative form of regulation if, after notice and hearing, it finds that  the conditions set forth in subsection (b) of this Section can no longer be  satisfied.  Any person may file a complaint alleging that the rates charged  by a telecommunications carrier under an alternative form of regulation are  unfair, unjust, unreasonable, unduly discriminatory, or are otherwise not  consistent with the requirements of this Article; provided, that the  complainant shall bear the burden of proving the allegations in the complaint.(f) Nothing in this Section shall be construed to authorize the  Commission to render Sections 9-241, 9-250, and 13-505.2 inapplicable to  noncompetitive services.  (Source: P.A. 100-20, eff. 7-1-17.)