Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 755 - TELECOMMUNICATIONS ACCESS FOR PERSONS WITH DISABILITIES › Subpart A - GENERAL PROVISIONS › Section 755.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
"Act" means the Public Utilities Act [ 220 ILCS 5 ].
"Acting in concert with" means persons who, pursuant to an
				  agreement or understanding (whether formal or informal), cooperate with a vendor to
				  take actions that, if taken by the vendor directly, would give rise to a conflict of
				  interest for that vendor.
"Affiliate" of a vendor means:
Any corporation or person owning or holding, directly or
				  indirectly, or in any chain of successive ownership of, 10% or more of the voting
				  capital stock of the vendor;
Any corporation or person, 10% of whose voting capital stock is
				  owned by a person or corporation owning 10% or more of the vendor's voting capital
				  stock, or by a person or corporation in any chain of successive ownership of 10% or
				  more of the vendor's voting capital stock;
Any corporation, 10% or more of whose voting securities is owned,
				  directly or indirectly, by the vendor;
Any corporation that has one or more elective officers or
				  directors in common with the vendor;
Any corporation or person that, after investigation and hearing,
				  the Commission determines is actually exercising substantial influence over the
				  policies and actions of the vendor, even though that influence is not based upon
				  stock holding, stockholders, directors or officers;
Any entity that, after investigation and hearing, the Commission
				  determines is actually exercising substantial influence over the vendor's policies
				  and actions of the vendor in conjunction with one or more other corporations or
				  persons to which that person or corporation is related by ownership or blood
				  relationship, or by action in concert, so that together the entity is affiliated
				  with the vendor even though there is not a direct relationship between the
				  two.
No person or corporation is affiliated, however, if that person or
				  corporation has not had transactions or dealings other than the holding of stock and
				  the receipt of stock dividends with the vendor during the previous two years.
"Assessment" means the charge authorized by Section 13-703(f) of
				  the Act and includes the charge per subscription or per wireless line, or the
				  equivalent percentage charge imposed per prepaid wireless telecommunications service
				  retail transaction.
"Centers for Independent Living " means organizations serving the
				  needs of those persons with hearing or speech disabilities as described in Section
				  12a of the Disabled Persons Rehabilitation Act [
				  20 ILCS
				  2405/12a ].
"Commission" means the Illinois Commerce Commission.
"Deaf-blind" refers to a person who is deaf or hard-of-hearing and
				  who also has a sight-disability and who can regularly and routinely communicate by
				  telephone only through the aid of equipment.
"Deaf or hard-of-hearing" refers to a condition of permanent
				  hearing loss (whether continuous or variable) by which regular and routine telephone
				  communication is possible only through the aid of equipment.
"Disability" refers to a condition of being permanently hearing
				  disabled, deaf-blind, speech-disabled, hearing-sight disabled, or speech-sight
				  disabled.
"Equipment" means telecommunications devices capable of servicing
				  the needs of those persons with a hearing or speech disability as specified in
				  ITAC's tariff or on ITAC's website pursuant to Section
				  755.135(a).
"Hearing care professional" means a person who is a licensed
				  audiologist, a licensed hearing instrument dispenser, or a licensed
				  physician.
"Hearing disability" refers to condition of being permanently deaf
				  or hard-of-hearing.
"Hearing-sight disability" refers to a condition of permanent
				  hearing and sight disability that renders regular and routine telephone
				  communication possible only through the aid of equipment.
"Illinois Telecommunications Access Corporation" or "ITAC" means
				  the not-for-profit corporation jointly established by Illinois telecommunications
				  carriers providing local exchange service pursuant to Section
				  755.105
				  to administer programs mandated by Section 13-703 of the Act.
"Interconnected Voice over Internet Protocol provider" or
				  "interconnected VoIP provider" has the same meaning as "interconnected voice over
				  Internet protocol provider" as defined in Section 13-235 of the Act. For purposes of
				  this Part, Interconnected VoIP providers are limited to those providers subject to
				  Section 13-401.1 of the Act.
"ITAP" or "program" means the Illinois Telecommunications Access
				  Program, by which Illinois telecommunications carriers providing local exchange
				  service shall provide the telecommunications devices capable of servicing the needs
				  of subscribers with disabilities as required by Section 13-703 of the Act.
"Line charge" means the charge authorized by Section 13-703(c) of
				  the Act.
"Organizations" means Centers for Independent Living and those
				  Illinois-based not-for-profit organizations not:
affiliated with or otherwise acting in concert with an owner or
				  vendor of equipment promoted for use by persons with disability; or
owned or operated by any political subdivision, public institution
				  of higher learning, state agency, or municipal corporation of this State
whose primary purpose is serving the needs of those persons with
				  disabilities.
"Person with a disability" or "persons with a disability" means a
				  person or persons with at least one disability as defined in this Section.
"Personal service contracts" means all contracts entered into by
				  ITAC, on behalf of the carriers for publicity/marketing and accounting.
"Prepaid wireless telecommunications service" has the meaning
				  given to that term in Section 10 of the Prepaid Wireless 9-1-1 Surcharge Act [ 50
				  ILCS 753 ].
"Projection period" means, for each annual filing required by
				  Subpart F, a 12-month period beginning January 1 of the year in which the filing is
				  made.
"Recipient" is a user or a parent or legal guardian of a minor
				  user in whose name equipment is granted, as provided in Section
				  755.205(b).
"Retail transaction" has the meaning given to that term in Section
				  10 of the Prepaid Wireless 9-1-1 Surcharge Act.
"Selection center" is a location designated by ITAC to display and
				  demonstrate equipment for an eligible recipient to test in order to select the
				  appropriate equipment for the recipient's disability.
"Seller" has the meaning given to that term in Section 10 of the
				  Prepaid Wireless 9-1-1 Surcharge Act.
"Speech-disability" refers to a condition of permanent speech
				  disability that precludes oral communication by which regular and routine telephone
				  communication is possible only through the aid of equipment.
"Speech-sight disability" refers to a condition of permanent
				  speech and sight disability that precludes oral communication, and by which regular
				  and routine telephone communication is possible only through the aid of
				  equipment.
"Staff" means individuals employed by the Illinois Commerce
				  Commission.
"Subscriber lines" means a voice grade communication channel
				  between a subscriber and a telecommunications carrier's public switched network that
				  would be required to carry the subscriber's interpremises traffic and that is
				  capable of providing access to the public switched network. A subscriber line does
				  not include 800 lines or access lines used for official communications of
				  telecommunications carriers providing local exchange service. For customer bills
				  issued before June 1, 2004, in calculating charges on subscriber lines of
				  telecommunications carriers, each centrex line shall be equivalent to one-tenth of a
				  residence or business access line. For customer bills issued on or after June 1,
				  2004, in calculating charges on subscriber lines pursuant to Section 13-703(c) of
				  the Act, one charge shall be applied for each five centrex lines, and five charges
				  shall be applied for each PBX trunk. ITAC's tariff or website shall specify the
				  manner of applying charges to other multi-channel technologies.
"Subscriptions" means a count of the maximum number of
				  interconnected VoIP calls that an end-user may have active at the same time. If the
				  interconnected VoIP provider's retail customer purchases a service or services that
				  allows more than one interconnected VoIP call to be made from the customer's
				  physical location at the same time, the number of subscriptions equals the maximum
				  number of interconnected VoIP calls that the customer may have active at the same
				  time. In the case of a business retail customer that purchases a service or services
				  pursuant to a service agreement, the number of subscriptions equals the maximum
				  number of interconnected VoIP calls that the customer may have active at the same
				  time under the terms of the service agreements with that customer. In calculating
				  assessments on business subscriptions, one assessment shall be applied for each five
				  business subscriptions (i.e., the application of the assessment on business
				  subscriptions shall mirror the application of the line charge to centrex
				  lines).
"Telecommunications carrier" or "carrier" means a
				  telecommunications carrier as that term is defined in Section 13-202 of the Act that
				  is providing local exchange telecommunications service as defined in Section 13-204
				  of the Act. For purposes of this Part, "telecommunications carrier" or "carrier"
				  also includes telecommunications carriers that are mutual concerns as defined in
				  Section 13-202(b) of the Act.
"Telecommunications relay service" or "TRS" or "relay service call
				  volumes" means all Illinois intrastate calls placed through any Illinois Relay
				  Center, whether or not completed.
"User" means an Illinois resident with a disability whose
				  eligibility has been established as provided in this Part for whose use equipment is
				  provided, as set forth in Section 755.205.
"Vendor" means an owner or vendor of equipment or services
				  promoted for use by persons with a disability.
"Voice grade access" means a functionality that enables a user of
				  telecommunications services to transmit voice communications, including signaling
				  the network that the caller wishes to place a call, and to receive voice
				  communications, including receiving a signal indicating that there is an incoming
				  call. For the purposes of this Part, bandwidth for voice grade access is 300 to
				  3,000 Hertz.
"Voucher program" means a program for the distribution of
				  equipment offered by ITAC, on behalf of the carriers, pursuant to Section
				  755.100(b).
"Wireless carrier" has the meaning given to that term in Section
				  10 of the Wireless Emergency Telephone Safety Act.
"Wireless lines" means a communication channel between a
				  subscriber and a wireless carrier's network that would be required to carry the
				  subscriber's traffic and that is capable of providing access to the public switched
				  network. A wireless line does not include lines used for official communications of
				  wireless carriers.