2023 Illinois Compiled Statutes › Chapter 220 - UTILITIES › 220 ILCS 45/ - Telecommunications Facility Fire and Emergency Act.

(220 ILCS 45/0.01) (from Ch. 111 2/3, par. 1550)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Telecommunications Facility Fire and Emergency Act.
(Source: P.A. 86-1324.)
(220 ILCS 45/1) (from Ch. 111 2/3, par. 1551)
Sec. 1. 
		
		The General Assembly finds that telecommunications services
have developed into an indispensable facet of modern life, encompassing
personal communications, business communications from the local to the
international level, and a wide range of emergency communications.  The
results of any major interruption of telecommunications services can be
catastrophic.  It is therefore crucial that the State of Illinois take all
reasonable actions to provide assurances that appropriate protective
mechanisms are in place to prevent major interruptions of
telecommunications services and to provide assurances of a proper emergency
response if such protective mechanisms fail.  The intent of this Act is to
authorize the three State agencies most directly responsible for
telecommunications, fire prevention, and emergency services, respectively,
to develop joint rules and implement enforcement action where necessary to
provide such assurances.
(Source: P.A. 86-389.)
(220 ILCS 45/2) (from Ch. 111 2/3, par. 1552)
Sec. 2. 
		
		In addition to any other rulemaking authority they possess,
the Illinois Commerce Commission created by the Public Utilities Act, the
Office of the State Fire Marshal
created by  the State Fire Marshal Act, and the Illinois Emergency Management
Agency
created by the Illinois Emergency Services and Disaster
Agency Act of
1988, are authorized to adopt joint rules on the
provisions of adequate fire protection and emergency  notification systems
at telecommunications service facilities in Illinois.  In adopting
rules, these agencies may consider (a) the need for emergency and other
reporting requirements, including without limitation, the immediate
notification of the Illinois Emergency Management
Agency in the
event of a major failure of telecommunications systems, and (b) any other
matters relevant to the purposes of this Act. Rulemaking proceedings to
adopt rules under this Act shall be conducted under the auspices of
the Illinois Commerce Commission in accordance with Article X of the Public
Utilities Act and the Illinois Administrative Procedure Act; provided,
however, that no joint rules shall be adopted or changed except upon the
concurrence of all 3 agencies.
(Source: P.A. 86-389; 87-168.)
(220 ILCS 45/3) (from Ch. 111 2/3, par. 1553)
Sec. 3. 
		
		The agencies listed in Section 2 of this Act shall have
the authority to investigate alleged violations of the rules adopted under
this Act and to serve a notice of violation upon the affected
telecommunications carrier or other communications provider.  If the
affected telecommunications carrier or other communications provider
disputes that a violation has occurred, it shall, within 30 days after
receipt of the written notice of violation, file a request for hearing on
such violation before the Illinois Commerce Commission.
The Commission shall conduct a hearing on such matter and enter an order
thereon in accordance with the provisions of Article X of the Public
Utilities Act, including the provisions for appeal of any such order.  In
any such hearing before the Commission, one or more of the listed agencies
in Section 2 of this Act shall participate and shall present evidence of
the alleged violation.
(Source: P.A. 86-389; 86-1028.)
(220 ILCS 45/4) (from Ch. 111 2/3, par. 1554)
Sec. 4. 
		
		(a) Any telecommunications carrier which fails to correct any
violation of the rules adopted under this Act after written notice of
violation, or, if the violation is disputed, after final determination of
violation including appeal if any, in accordance with Section 3, shall be
liable for a penalty not to exceed $10,000 for each violation, and an
additional penalty not to exceed $1,000 for each day during which such
violation continues.  Actions for injunction or mandamus to enforce
correction of violations and actions to recover penalties authorized under
this Section shall be filed in the name of the People of the State of
Illinois in the circuit court in accordance with Sections 4-201, 4-202 and
4-203 of the Public Utilities Act.  In any action to recover penalties
under this Section for a violation determined in any final order of the
Commission as provided in Section 3, the fact of the violation shall be
deemed proven and shall not be relitigated.
(b) Anything to the contrary in Sections 4-201 and 4-203
notwithstanding, the proceeds of all monetary penalties received from
enforcement action initiated pursuant to this Section shall be divided
equally between the county and municipality in which the violation occurred.
(Source: P.A. 86-389.)
(220 ILCS 45/5) (from Ch. 111 2/3, par. 1555)
Sec. 5. 
		
		This Act and any rules adopted pursuant to this Act shall
be applicable to such switching facilities of telecommunications carriers
in Illinois, as defined in Section 13-202 of The Public Utilities Act, and
to such switching facilities of any company described in Section 1 of "An
Act relating to the powers, duties and property of telephone companies",
approved May 16, 1903, as the agencies find are necessary to protect
against a major interruption of telecommunications services.
(Source: P.A. 86-389.)