reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 757 - TELEPHONE ASSISTANCE PROGRAMS › Subpart F - BIAS ASSISTANCE › Exhibit C - LEC Supplemental Assistance Charge and Contributions Report

Current through Register Vol. 48, No. 28, July 12, 2024
Monthly/Quarterly LEC Supplemental Assistance
				  Charge and Contribution Report
LEC
______________________________________
Month/Quarter
______________________________________
Contributions:
a)
Total Contribution Billed
__________________________
b)
Less Uncollectible Contributions from previous
							 months
__________________________
c)
Total Contributions
_____________
Supplemental Assistance:
a)
Total Supplemental Local Exchange Service Installation
							 Charges (Exhibit A, line
							 1.3 )
__________________________
b)
Total Monthly Supplemental Assistance (Exhibit A, line 3.5
							 )
__________________________
c)
Total Supplemental Assistance
_____________
Amount Due from UTSAP Administrator (Supplemental
							 Assistance exceeds Contributions)
_____________
or
Amount to be Remitted to UTSAP Administrative
							 (Contributions exceed Supplemental Assistance
_____________
Administrative Costs
_____________
Exhibit C is to be forwarded monthly to the UTSAP Administrator
					 by LECs with more than 35,000 access lines and quarterly by LECs with fewer than
					 35,000 access lines.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 757 - TELEPHONE ASSISTANCE PROGRAMS › Subpart F - BIAS ASSISTANCE › Exhibit D - Quarterly UTSAP Administrator Report to Commission

Current through Register Vol. 48, No. 28, July 12, 2024
Quarterly UTSAP Administrator Report
For Calendar Quarter Ending ____________________
1.
Balance in Pool at Beginning of Quarter
___________________
Total Contributions to UTSAP
a) Billed by LECs
___________________
b) Directly to UTSAP Administrator
c) Interest Earned
___________________
d) Less Uncollected Contributions
___________________
2.
Total Contributions
___________________
Total Costs
a) LEC Supplemental Installation Charges
___________________
b) LEC Supplemental Monthly Assistance
___________________
c) LEC Administrative Expenses
___________________
d) UTSAP Administrator Expenses
___________________
3.
Total Costs
___________________
4.
Balance in Pool at End of Quarter
(Line 1 plus Line 2 minus Line 3)
___________________
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 758 - PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE › Section 758.10 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
When used in this Part, the listed terms will have the definitions
				given in this Section.
"Act" means the Public Utilities Act [220 ILCS 5 ].
"Commission" means the Illinois Commerce Commission.
"Customer" means any person, building owner, firm, partnership,
				corporation, municipality, cooperative, organization, governmental agency, etc.,
				provided with local exchange carrier telecommunications services as defined in
				Section 13-204 of the Act [220
				ILCS 5/13-204 ]. "Customer" may also be referred to as
				"end-user".
"Department" means the Department of Commerce and Community Affairs
				(DCCA).
"Program" means the Program to foster the elimination of the digital
				divide established pursuant to Section 13-301.2 of the Act [220
				ILCS 5/13-301.2].
"Telecommunications carrier" or "carrier" means a telecommunications
				carrier as that term is defined in Section 13-202 of the Act [220
				ILCS 5/13-202 ] that is providing local exchange
				telecommunications service as defined in Section 13-204 of the
				Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 758 - PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE › Section 758.20 - Dispute Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Disputes arising under this Part shall be governed by 83 Ill. Adm.
				Code
				735.190 and
				735.200.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 758 - PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE › Section 758.30 - Service Requirement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 telecommunications carrier shall participate in the notification, collection, and
			 remittance of the monthly voluntary contributions to support the Program.
b) By August 14, 2002, each telecommunications
			 carrier shall file with the Commission a tariff pursuant to Section 13-301.2 of the
			 Act for the provision of the Program.
c)
			 All voluntary contributions received by a telecommunications carrier under Section
			 758.50 shall be
			 forwarded to the Department for deposit into the Digital Divide Elimination
			 Fund.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 758 - PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE › Section 758.40 - Contribution Solicitation and Program Publicity

Current through Register Vol. 48, No. 28, July 12, 2024
All telecommunications carriers shall publicize the Program to
				encourage contributions.
a) Annually, each
			 telecommunications carrier shall notify its customers that they may elect to
			 participate in the funding of the Program by electing to contribute, on a monthly
			 basis, a fixed amount to be included in the monthly bills until cancelled by the
			 customers.
b) The customer notification
			 specified in subsection (a) of this Section shall be in the form of a paper or
			 electronic insert or message in the customers bill. The document, as proposed by the
			 Department, shall specify fixed monthly amounts from which customers wishing to
			 contribute may choose. In addition, the document shall contain a telephone number,
			 postcard, mailing address, or e-mail address, if available, that the customer may
			 use to contact the telecommunications carrier in order to initiate monthly
			 contribution billing.
c) On an ongoing
			 basis, the Department shall advertise the program.
d) Telecommunication carrier's directories may
			 include an explanation of the Program as proposed by the Department.
e) The telecommunications carrier shall inform
			 customers verbally or in written format that they may contribute to the Program with
			 all orders for new service installation.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 758 - PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE › Section 758.50 - Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Customers wishing to
			 participate in the funding of the Program may do so by electing to contribute, on a
			 monthly basis, a fixed amount to be included by the telecommunications carrier on
			 the customer's monthly bill. This contribution shall not reduce the customer's total
			 amount due for telecommunications services or other charges appearing on the
			 bill.
b) This contribution will be a
			 line item on the bill and identified as the "Digital Divide Fund.
c) Customers may elect to contribute $.50, $1, $2,
			 $5, $10, $15, or $25 per month per line.
d) Contributions shall be collected on a recurring
			 basis each month from the customer's bill and remittance shall be reported and
			 transferred to the Department or its designee as required by Section
			 758.60.
e) Customers may elect to discontinue or change
			 the amount of the monthly contribution on their bill at any time upon providing at
			 least 30 days notice by telephone, mail, or e-mail, if available, to the
			 telecommunications carrier.
f)
			 Contributions other than those provided for in subsection (c) of this Section above
			 shall be made directly to the Department or its designee.
g) By September 30, 2002, telecommunications
			 carriers shall provide customers the ability and the opportunity to make the
			 elections referred to in subsections (c) and (f) of this Section on the bill inserts
			 required by Section
			 758.40.
h) Failure by the customer in any month to remit
			 the entire billed amount may reduce the contribution accordingly.
i) There are no other funding requirements on any
			 party or individual for the Program beyond those in this Section.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 758 - PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE › Section 758.60 - Telecommunications Carrier Remittance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each
			 telecommunications carrier shall report and remit all donations received during the
			 quarter within 30 days after the end of each calendar quarter to the Department or
			 its designee. All donations collected through the end of the quarter shall be
			 remitted to the Department or its designee through a check or other means as agreed
			 to by the Department or its designee made out to the Department of Commerce and
			 Community Affairs or its designee, as directed by the Department. In the event that
			 no donations are collected during a quarter, a quarterly report shall be submitted
			 to the Department or its designee certifying that zero voluntary donations were
			 received.
b) The quarterly
			 telecommunications carrier reports to the Department shall include, at a minimum,
			 the following information:
1) Name, address,
			 telephone number, contact person and Federal Employee Identification Number (FEIN)
			 for the reporting telecommunications carrier.
2) The quarter amount collected, remittance check
			 number or identification of another means of deposit, an assurance certifying that
			 the payment includes all voluntary contributions for the quarter and that the
			 information on the report is accurate and has been properly recorded, and a
			 signature from an authorized employee of the telecommunications carrier.
3) The total number of customers making a
			 contribution.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 758 - PROGRAM TO FOSTER THE ELIMINATION OF THE DIGITAL DIVIDE › Section 758.70 - Monitoring of Telecommunications Carriers

Current through Register Vol. 48, No. 28, July 12, 2024
a)
			 Telecommunications carriers shall exercise reasonable internal control to ensure
			 compliance with and monitoring of this Part.
b) The Commission may, upon complaint, its own
			 motion, or a petition from the Department or its designee, require Commission staff
			 to review, examine, and evaluate telecommunications carriers' books and records to
			 determine compliance with the requirements specified in Section
			 758.60
			 of this Part.
c) At a minimum,
			 telecommunications carriers shall maintain records sufficient to substantiate the
			 data contained in the quarterly reports submitted to the Department or its designee
			 pursuant to Section
			 758.60
			 of this Part.
d) Each telecommunication
			 carrier's internal auditors and/or chief financial officer and/or responsible
			 in-state officer shall annually certify to the Commission that the amount of
			 voluntary contributions reported and remitted are correct.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart A - GENERAL PROVISIONS › Section 759.110 - Purpose

Current through Register Vol. 48, No. 28, July 12, 2024
Section 13-301.3 of the Public Utilities Act [220
				  ILCS 5/13-301.3] created the Digital Divide Elimination
				  Infrastructure Fund (Fund) as a special fund in the State treasury to be used by the
				  Illinois Commerce Commission (Commission) for grants to fund the construction of
				  high-speed data transmission facilities in the State and the provision of accessible
				  electronic information service to blind and disabled throughout Illinois as provided
				  in the Accessible Electronic Information Act [15 ILCS 323 ]. This Part specifies the
				  procedures that shall be followed with respect to the awarding of these
				  grants.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart A - GENERAL PROVISIONS › Section 759.120 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
When used in this Part, the listed terms shall have the
				  definitions given in this Section.
"Act" means the Public Utilities Act [220 ILCS 5 ].
"Advanced telecommunications services" or "advanced services"
				  means services capable of supporting, in at least one direction, a speed in excess
				  of 200 kilobits per second (kbps) to the network demarcation point at the
				  subscriber's premises [220
				  ILCS 5/13-517 ].
"Applicant" means an eligible entity that has submitted a
				  proposal.
"Fund" means the Digital Divide Elimination Infrastructure Fund
				  established pursuant to Section 13-301.3 of the Act [220
				  ILCS 5/13-301.3].
"Grant" means any award of monies from the Fund pursuant to this
				  Part.
"Grant agreement" means the agreement specified in Section
				  759.320
				  executed by the grantee and delivered to the Commission.
"Grantee" means any eligible entity who is awarded a grant.
"Incumbent local exchange carrier" means a telecommunications
				  carrier as that term is defined in Section 13-202.5 of the Act [220
				  ILCS 5/13-202.5].
"Program" means the procedures established pursuant to this Part
				  for the Commission's issuance of a grant.
"Project" means the construction of high-speed data transmission
				  facilities necessary to provision advanced services within an eligible area, as
				  described in an applicant's proposal.
"Proposal" means an application for a grant submitted to the
				  Commission pursuant to this Part.
"Telecommunications carrier" or "carrier" means a
				  telecommunications carrier as that term is defined in Section 13-202 of the Act [220
				  ILCS 5/13-202 ] that is providing local exchange telecommunications service as
				  defined in Section 13-204 of the Act.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart B - ELIGIBILITY › Section 759.210 - Eligible Entities

Current through Register Vol. 48, No. 28, July 12, 2024
Eligible entities shall be either:
a) An entity that maintains, in good standing, a
				certificate from the Commission to provide telecommunications services,or
b) An entity that is not required to hold a
				certificate from the Commission to provide telecommunications services but can
				demonstrate, through information provided in its grant proposal, its technical,
				financial and managerial resources and abilities to construct high-speed data
				transmission facilities.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart B - ELIGIBILITY › Section 759.220 - Eligible Uses

Current through Register Vol. 48, No. 28, July 12, 2024
a) The use of grants
				shall be limited to the payment of certain costs incurred in the construction of
				high-speed data transmission facilities within an eligible area. (See Section
				759.230.) The use of
				grants shall be limited to payment of the following reasonable and verifiable costs
				incurred in connection with the project ("eligible costs"):
1) Construction costs, including but not limited
				to site preparation and construction/installation of equipment and other
				infrastructure facilities.
2) Purchase
				of equipment to be installed.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart B - ELIGIBILITY › Section 759.230 - Eligible Areas

Current through Register Vol. 48, No. 28, July 12, 2024
a) Grants shall only be
				used for eligible purposes (see Section
				759.220 ) within an
				eligible area of the State. For purposes of determining whether an area is an
				eligible area, the Commission shall consider, among other things, whether:
1) The area, to be served by advanced
				telecommunications services, as defined in Section 13-517(c) of the Act, is
				under-provided to residential or small business end users, either directly or
				indirectly through an Internet Service Provider;
2) The area has a low population
				density;
3) The area has not yet
				developed a competitive market for advanced services.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart C - REVIEW OF PROPOSALS › Section 759.310 - Proposal Content

Current through Register Vol. 48, No. 28, July 12, 2024
a) Subject to
				appropriation and availability of funds, the Commission shall issue a Request for
				Grant Proposal that shall include instructions and formats for the submission of
				grant proposals.
b) Proposal items: The
				grant proposal shall be docketed and shall include, at a minimum, the following
				sections:
1) A cover page;
2) Ownership information of the
				applicant;
3) An executive summary of
				the proposal;
4) A description of the
				applicant, demonstrating that the applicant is an eligible entity (see Section
				759.210 );
5) Current financial information for the
				applicant;
6) The location of the
				proposed infrastructure project and a description of the area as it relates to the
				eligible area criteria. (see Section
				759.230.);
7) A description of the proposed infrastructure
				project, including its social and economic benefits;
8) A detailed project budget and schedule by task,
				including a proposed completion date.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart C - REVIEW OF PROPOSALS › Section 759.320 - Selection of Grant Recipients

Current through Register Vol. 48, No. 28, July 12, 2024
Grantees shall be competitively selected by the Commission. The
				  Commission shall use the following criteria when reviewing proposals and awarding
				  grants:
a) The technical, financial and
				managerial resources and abilities of the applicant;
b) The economic justification for the project,
				which includes the social and economic benefits of the project; and
c) The location of the project.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart C - REVIEW OF PROPOSALS › Section 759.330 - Limitations and Obligations

Current through Register Vol. 48, No. 28, July 12, 2024
Grants are subject to the following:
a) Each grant shall be awarded from the Fund under
				the condition that the grantee shall agree to expend a minimum of three times the
				amount of the grant award on eligible costs incurred in connection with the
				project.
b) No project may receive a
				grant of more than $1,000,000 under this program.
c) Any entity awarded a grant shall be required to
				execute and deliver to the Commission, prior to disbursement of the grant, a grant
				agreement in form and substance approved by the Commission as a condition of
				receiving the grant or any part of the grant. The grant agreement shall set forth
				the rights and responsibilities of the grantee with respect to the grant, including,
				without limitation, acceptance of the terms of the grant as set forth in this Part
				and applicable State and federal statutory and administrative requirements,
				including provisions covering expenditure of grant funds and utilization of property
				purchased with the grant.
d) Grants
				shall be disbursed by the Commission to grantees in no fewer than three
				installments, as follows:
1) When a grantee can
				demonstrate through its reports to the Commission, as specified in Section
				759.340, that the grantee
				has expended at least 25% of the total eligible project costs, the Commission shall
				release 25% of the grant award to the grantee.
2) When a grantee can demonstrate through its
				reports to the Commission, as specified in Section 759.340, that the grantee has
				expended at least 75% of the total eligible project costs, the Commission shall
				release an additional 50% of the grant award to the grantee.
3) When a grantee can demonstrate through its
				reports to the Commission, as specified in Section 759.340, that the grantee has
				expended 100% of the total eligible project cost, the Commission shall release the
				balance of the grant award to the grantee.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 759 - DIGITAL DIVIDE ELIMINATION INFRASTRUCTURE FUND › Subpart C - REVIEW OF PROPOSALS › Section 759.340 - Reporting

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
				specified in the grant agreement delivered to the Commission by the recipient, a
				grantee shall report financial information, as defined in subsection (b), and
				programmatic information, as defined in subsection (c), to the Commission on a
				regular basis using formats provided by the Commission. The Commission shall require
				quarterly reporting of expenditures and project achievements at a level of detail
				sufficient to provide for program accountability.
b) Expenditures: Grantee shall report actual
				expenditures incurred in connection with the project using the format supplied by
				the Commission. Expenditure summaries are to be submitted to the Commission by the
				15th day following the end of each calendar quarter (e.g., March 31, June 30,
				September 30, December 31).
c) Program
				Report: Grantee shall submit a program report in a format provided by the
				Commission. The program report shall include a narrative describing the grantee's
				progress towards achieving objectives and activities as specified in the grant
				agreement delivered to the Commission. Program reports shall be submitted to the
				Commission by the 15th day following the end of each calendar quarter (e.g., March
				31, June 30, September 30, December 31).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 760 - CELLULAR RADIO EXCLUSION › Section 760.10 - Cellular Radio Exclusion

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of the exclusion from active regulatory oversight for
				providers of cellular radio service pursuant to Section 13-203 of the Public
				Utilities Act (Ill. Rev. Stat. 1991, ch. 1112/3, par. 13-203, as amended by P.A.
				87-856, effective May 14, 1992), cellular radio service provided by facilities in
				geographic areas in which there are 2 or more certified providers of cellular radio
				service is excluded from the applicable tariff provisions contained in Sections
				13-501, 13-502, 13-503, 13-504, 13-505, and 13-509 of the Public Utilities Act (Ill.
				Rev. Stat. 1991, ch. 1112/3, pars. 13-501, 13-502, 13-503, 13-504, 13-505, and
				13-509, as amended by P.A. 87-856, effective May 14, 1992.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 761.10 - Procedure Governed

Current through Register Vol. 48, No. 28, July 12, 2024
This Part governs practice and procedure before the Illinois
				  Commerce Commission (Commission) in the arbitration proceedings required by Section
				  252(b) of the Communications Act of 1934 (
				  47
				  U.S.C. 252(b)
				  ).
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 761.20 - Deviation from this Part

Current through Register Vol. 48, No. 28, July 12, 2024
To the extent permitted by law, including Article 10 of the
				  Illinois Administrative Procedure Act [5 ILCS 100 /Art. 10] any provision of this
				  Part may be waived, suspended or modified by the Commission or an Examiner, either
				  upon their own motion or upon motion by any person.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 761.40 - Authority of Hearing Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Hearing
				Examiner shall have authority over the conduct of an arbitration and the
				responsibility for submission of the matter to the Commission for decision. The
				Hearing Examiner shall have those duties and powers necessary to these ends,
				including the following:
1) To conduct arbitration
				hearings and pre-hearing conferences;
2)
				To direct parties to serve verified statements and exhibits and establish a date
				certain for service;
3) To conduct
				discovery of the parties;
4) To
				supervise all or any part of any discovery procedure;
5) To administer oaths and affirmations;
6) To ensure that the arbitration is conducted in
				a full, fair and impartial manner, that order is maintained and that unnecessary
				delay is avoided in the disposition of the proceedings;
7) To examine witnesses and allow parties to
				examine an adverse party or agent;
8) To
				rule upon all matters which do not result in the final determination of the
				proceeding;
9) To call upon any person
				at any stage of the arbitration proceeding to produce witnesses or information that
				is material and relevant to any issue;
10) To issue proposed arbitration decisions
				pursuant to Section
				761.420
				of this Part; and
11) To issue
				protective orders in accordance with 83 Ill. Adm. Code
				761.240 of this
				Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart A - GENERAL PROVISIONS › Section 761.50 - Federal Preemption of State Court Review

Current through Register Vol. 48, No. 28, July 12, 2024
No State court shall have jurisdiction to review the action of the
				  Commission in approving or rejecting an agreement under Section 252 of the
				  Communications Act of 1934.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 761.100 - Communications to the Commission

Current through Register Vol. 48, No. 28, July 12, 2024
All paper documents to be filed with or submitted to the
				  Commission shall be addressed to: The Chief Clerk, Illinois Commerce Commission, 527
				  East Capitol Avenue, Springfield, Illinois 62701. All formal paper communications
				  and documents are deemed to be officially filed or submitted only when delivered to
				  the principal office of the Commission. The Chief Clerk is the official custodian of
				  all Commission records.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 761.105 - Form of Pleadings and Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				All pleadings and documents filed with the Commission shall be typewritten or
				printed on white paper 81/2 inches by 11 inches or capable of being printed on paper
				81/2 inches by 11 inches and shall have inside text margins of not less than one
				inch. An optional heading consisting of the docket number and document title shall
				be placed in the upper right-hand corner and have a top margin of not less than 3/4
				inch. Page numbers shall be centered and have a bottom margin of not less than 1/2
				inch. Line numbers shall have a left-hand margin of not less than 1/2 inch. All
				exhibits of a documentary character shall, whenever practical, conform to these
				requirements of size and margin. The impression shall be on one side of the paper
				only and shall be double spaced; footnotes may be single spaced and quotations may
				be single spaced and indented.
b) All
				pleadings or other documents shall be composed in either Arial or Times New Roman
				font, black type on white background. The text of pleadings or documents shall be at
				least 12-point. Footnotes shall be at least 10-point. Other material not in the body
				of the text, such as financial data schedules and exhibits, shall be at least
				8-point. All exhibits of a documentary character shall, whenever practical, conform
				to these requirements.
c) Reproductions
				may be by any process, provided that all copies are clear and permanently
				legible.
d) Testimony prepared for the
				purpose of being entered into evidence shall include line numbers on the left-hand
				side of each page of text. Testimony shall include continuous line numbers.
				Schedules, attachments, and exhibits of a numerical or documentary nature shall,
				whenever practical, conform to these requirements.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 761.110 - Filing of Petition for Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) All
				petitions for arbitration:
1) Shall clearly set
				forth on their first page the date upon which the original request for negotiation
				under Section 252 of the Communications Act of 1934 (
				47
				U.S.C. 252 ) was received by the incumbent local
				exchange carrier and the dates 135 days, 160 days, and 9 months
				thereafter;
2) Shall be filed during the
				period from the 135th to the 160th day (inclusive) after the date on which the
				incumbent local exchange carrier received the request for negotiation under Section
				252 of the Communications Act of 1934 (
				47
				U.S.C. 252 );
3) Shall be verified; and
4) Shall be accompanied by the Petitioner's
				discovery requests.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 761.130 - Contents of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents
				submitted in arbitration proceedings before the Commission shall display the docket
				number of the proceeding. Documents initiating a new arbitration proceeding shall
				leave a space for the docket number. All documents shall also include the full name,
				address, telephone number, and, unless the party has no facsimile number or e-mail
				address, either directly or through its attorney, facsimile number and e-mail
				address of the person or the representative of the person filing the document. A
				party, in its first pleading in an arbitration proceeding, shall state whether it
				agrees to accept service by electronic means as provided for in Section
				761.1050.
				A party later may agree, or may revoke its agreement, to accept electronic service,
				provided that the party shall file and serve a notice of the later agreement or
				revocation.
b) The original of every
				document filed with the Commission shall be signed by the party filing the same or
				by an officer or agent. The factual assertions contained in all documents shall be
				verified by the filing party before a notary public. The verification shall be in
				form and substance as follows:
I,
do on oath depose and state that the facts
contained in the foregoing document are true and correct
							 to the best of my knowledge and belief.
SIGNATURE OF PERSON VERIFYING DOCUMENT
SIGNED AND SWORN TO BEFORE ME THIS
DAY OF
,
(year)
.
NOTARY PUBLIC
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 761.140 - Copies of Documents

Current through Register Vol. 48, No. 28, July 12, 2024
a) For proceedings
				initiated prior to January 1, 2000, all documents shall be filed with the Chief
				Clerk in one original and two paper copies, unless otherwise specified in this
				Part.
b) For proceedings initiated after
				January 1, 2000, the original of any document shall be filed with the Chief
				Clerk.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart B - FORM, FILING AND SERVICE OF DOCUMENTS › Section 761.150 - Service

Current through Register Vol. 48, No. 28, July 12, 2024
a) All documents shall
				be deemed filed on the date received by the Chief Clerk of the Commission. Service
				on the Chief Clerk of the Commission cannot be made by telephone facsimile. All
				documents shall be served upon the parties to the arbitration proceeding on the day
				they are filed with the Chief Clerk of the Commission.
b) Proof of service of any paper shall be by
				certificate of attorney, acknowledgement of receipt, or affidavit.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart C - PRE-ARBITRATION PROCEDURE AND DISCOVERY › Section 761.200 - Pre-arbitration Conferences

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon direction of
				the Commission or on his or her own motion, the Hearing Examiner may request all
				parties to attend a pre-arbitration conference. Notice of the pre-arbitration
				conference shall be given in writing, telephone, e-mail, or telephone facsimile not
				later than 24 hours before the pre-arbitration conference. Such a conference may be
				held for any purpose, including, but not limited to:
1) Scheduling;
2) Identification and simplification of
				issues;
3) Amendments to
				documents;
4) Limitations on the number
				of witnesses;
5) The issuance of rulings
				denying, limiting, conditioning or regulating discovery;
6) The issuance of rulings supervising all or any
				part of any discovery procedure; and
7)
				Such other matters as may aid in the simplification of the issues and disposition of
				the proceeding.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart C - PRE-ARBITRATION PROCEDURE AND DISCOVERY › Section 761.210 - Schedule of Pre-arbitration Procedure and Discovery

Current through Register Vol. 48, No. 28, July 12, 2024
In the absence of a schedule established at a pre-arbitration
				  conference held under Section
				  761.200 of
				  this Part, proceedings under this Part will be conducted under the following
				  schedule:
a) Respondent files and serves
				discovery responses and requests for discovery on Petitioner no later than 7 days
				after filing of the petition for arbitration;
b) Petitioner files and serves verified written
				statements and exhibits of all witnesses it proposes to call at the arbitration
				hearing, along with responses to Respondent's discovery requests, no later than 14
				days from the filing of the petition for arbitration;
c) Respondent files and serves verified response
				to petition, and all documents required by Sections
				761.110
				and 761.120 of this Part no later than 25 days after the filing of the petition for
				arbitration;
d) Staff files and serves
				requests for discovery of Petitioner and Respondent no later than 32 days after the
				filing of the petition;
e) Petitioner
				and Respondent file and serve discovery responses no later than 7 days after the
				service of Staff's requests for discovery;
f) Staff files and serves verified written
				statements and exhibits no later than 46 days from the filing of the petition for
				arbitration;
g) Petitioner and
				Respondent file and serve requests for discovery of Staff no later than 53 days
				after the filing of the petition for arbitration;
h) Staff files and serves discovery responses no
				later than 60 days after the filing of the petition for arbitration;
i) Petitioner and Respondent file supplemental
				verified written statements and exhibits of the witnesses they propose to call at
				the arbitration hearing in order to respond to Staff's verified written statements
				and exhibits 64 days from the filing of the petition for arbitration.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart C - PRE-ARBITRATION PROCEDURE AND DISCOVERY › Section 761.220 - Failure to Comply with a Discovery Order or a Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024
If a person or party fails to comply with a discovery order or
				  refuses to attend or be sworn at an arbitration hearing, the Hearing Examiner may:
				  suspend proceedings until compliance is obtained; strike all or any part of the
				  documents of such party; refuse to allow the party to support designated claims or
				  defenses; or proceed on the basis of the best information available from whatever
				  source derived.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart C - PRE-ARBITRATION PROCEDURE AND DISCOVERY › Section 761.230 - Motion to Quash Subpoena

Current through Register Vol. 48, No. 28, July 12, 2024
The Hearing Examiner, upon motion, may quash or modify a subpoena
				  or request for discovery.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart C - PRE-ARBITRATION PROCEDURE AND DISCOVERY › Section 761.240 - Protective Orders

Current through Register Vol. 48, No. 28, July 12, 2024
a) At any time during
				the pendency of a proceeding, the Commission or the Hearing Examiner may, on the
				motion of any person, enter an order to protect the confidential, proprietary or
				trade secret nature of any data, information or studies.
b) A person submitting a motion for a protective
				order shall specify the proposed expiration date for the proprietary status of the
				data, information or studies. The proposed expiration date shall be no more than
				five years from the date of submission. However, the proposed expiration date may
				exceed five years upon a showing of good cause. If no date is specified, the
				proposed expiration date for the proprietary status of the data, information or
				studies shall be two years from the date of submission.
c) A document submitted and marked as proprietary
				shall be afforded proprietary treatment pending the timely submission of a motion to
				protect the confidential, proprietary or trade secret nature of that document and a
				ruling on that motion by the Commission or the Hearing Examiner.
d) A public redacted version of each document
				submitted pursuant to this Section must also be submitted with the proprietary
				version.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.300 - Disqualification of Hearing Examiner

Current through Register Vol. 48, No. 28, July 12, 2024
a) A Hearing
				Examiner assigned to a proceeding may, upon written request to and approval of the
				Chief Hearing Examiner, recuse himself or herself from the proceeding.
b) Whenever any party believes a Hearing Examiner
				for any reason should be disqualified from conducting, or continuing to conduct, a
				proceeding assigned to him or her, such party may file a motion to disqualify the
				Hearing Examiner, setting forth by affidavit the alleged grounds for
				disqualification. The Hearing Examiner shall have 5 days after filing of the motion
				within which to enter a written ruling thereon. A copy of such ruling shall be
				served upon all parties.
c) Any ruling
				by a Hearing Examiner denying a request for recusal under this Section may be
				reviewed by the Commission. Review shall be sought no more that 3 days from the
				denial of the motion to recuse or disqualify. The party seeking review of the ruling
				shall file with the Chief Clerk a verified petition, together with any offer of
				proof, and shall serve a copy of the petition upon the Hearing Examiner and all
				parties to the proceeding. Other parties and the staff representative may file
				responses within 3 days after the filing of the petition. The Hearing Examiner shall
				have 3 days from the filing of the petition within which to file a report to the
				Commission with the Chief Clerk, who shall serve copies of such report on the
				parties and staff representative.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.310 - Arbitration Hearing Procedure

Current through Register Vol. 48, No. 28, July 12, 2024
a) Arbitration
				hearings shall be commenced not later than 67 days from the filing of the petition
				for arbitration.
b) The party filing the
				petition for arbitration shall begin the arbitration by presenting all of its
				witnesses to be cross-examined. The party filing the response to the petition for
				arbitration shall then present all of its witnesses to be cross-examined. Finally,
				Staff shall present all of its witnesses to be cross-examined.
c) Where the parties jointly file the petition for
				arbitration, the Hearing Examiner shall decide the order in which the parties shall
				present their witnesses for cross-examination.
d) The Hearing Examiner will specify whether
				certain witnesses may be presented as a panel for cross-examination.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.320 - Transcripts

Current through Register Vol. 48, No. 28, July 12, 2024
a) A complete record of
				all arbitrations conducted under this Part, including oral arguments before the
				Commission or Hearing Examiner, shall be transcribed by a reporter appointed by the
				Commission. In the event that expedited transcripts are required, the cost of
				preparation shall be borne by Petitioner.
b) Suggested corrections to the transcript of
				record must be filed within 7 days from the day on which the hearing is held or at
				such other time as prescribed by the Hearing Examiner, and shall be in writing and
				served upon each party, the official reporter and the Hearing Examiner.
c) Objections to suggested corrections shall be
				filed within 5 days after the filing of the suggestions, unless otherwise prescribed
				by the Hearing Examiner. The Hearing Examiner shall determine what changes, if any,
				shall be made in the record.
d) If no
				objection is made to the suggested corrections, the Hearing Examiner may, in his or
				her discretion, direct the corrections to be made and the manner of making them. The
				purpose of this determination shall be to ensure the accuracy of the arbitration
				record.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.330 - Consolidation and Severance

Current through Register Vol. 48, No. 28, July 12, 2024
a) Where not
				inconsistent with the requirements of the Communications Act of 1934, the Commission
				or Hearing Examiner may, to the extent practical, order the consolidation of two or
				more proceedings under Section 252(b) of the Communications Act of 1934 in order to
				reduce administrative burdens on telecommunications carriers and the Commission in
				carrying out its responsibilities under Section 252 of the Communications Act of
				1934.
b) Where not inconsistent with the
				requirements of the Communications Act of 1934, the Commission or Hearing Examiner
				may, to the extent practical, order the severance of two or more proceedings
				previously consolidated under subsection (a) of this Section in order to reduce
				administrative burdens on telecommunications carriers and the Commission in carrying
				out its responsibilities under Section 252 of the Communications Act of 1934 or
				order the severance of issues from a proceeding in those instances where the issues
				need not be decided within the time limit set in the Communications Act of 1934 for
				the Commission's decision on the arbitration.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.340 - Information to be Adduced at Arbitration

Current through Register Vol. 48, No. 28, July 12, 2024
a) In
				all proceedings subject to this Part, irrelevant, immaterial or unduly repetitious
				information shall be excluded. Relevant information may be admitted at the
				arbitration if it is of a type commonly relied on by reasonably prudent persons in
				the conduct of their affairs.
b)
				Whenever a verified statement or exhibit contains language and/or figures that
				differ from the exhibit offered, the sponsoring party shall indicate all changes in
				writing either on a corrective sheet or the actual exhibit shall have the corrected
				language and/or figures so designated.
c) Any information offered in whatever form shall
				be subject to appropriate and timely objection. The Hearing Examiner may, either
				with or without objection, exclude irrelevant, immaterial, unduly repetitious or
				otherwise inadmissible information.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.350 - Information to be Under Oath or Affirmation

Current through Register Vol. 48, No. 28, July 12, 2024
All orally presented information to be considered by the
				  Commission at the arbitration shall be sworn or affirmed. All other information
				  submitted at the arbitration shall be verified pursuant to Section
				  761.130(b)
				  of this Part.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.360 - Stipulation of Facts

Current through Register Vol. 48, No. 28, July 12, 2024
The parties to any arbitration before the Commission may, by
				  written stipulation filed with the Commission or by oral stipulation entered in the
				  record, agree upon the facts or any part thereof related to the contested issues in
				  the arbitration. Notwithstanding the stipulation of the parties, the Commission or
				  the Hearing Examiner may require further information in support of the facts so
				  stipulated.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.370 - Exhibits

Current through Register Vol. 48, No. 28, July 12, 2024
a) All exhibits shall be
				marked numerically and/or alphabetically with a party designation and shall conform
				to the requirements of Section
				761.130 of this
				Part.
b) When exhibits are identified
				for the record, unless the Hearing Examiner directs otherwise, an original and two
				copies shall be offered at the arbitration and a copy provided to the Hearing
				Examiner and to each party.
Illinois Administrative Code › Title 83 - PUBLIC UTILITIES › Part 761 - ARBITRATION PRACTICE › Subpart D - ARBITRATION PROCEDURE › Section 761.380 - Ex Parte Communications

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				provisions of Section 10-60 of the Illinois Administrative Procedure Act
				[5 ILCS
				100/10-60 ] shall apply in full to Commission arbitration
				proceedings that are subject to this Part. The provisions of Section 10-60 shall not
				apply, however, to communications between Commission employees who are engaged in
				investigatory or advocacy functions and other parties to the arbitration proceeding,
				provided that such Commission employees are still prohibited from communicating on
				an ex parte basis, as designated in Section 10-60, directly or indirectly, with
				members of the Commission, any Hearing Examiner in the proceeding, or any Commission
				employee who is or may reasonably be expected to be involved in the decisional
				process of the proceeding.
b) Any
				Commissioner, Hearing Examiner, or other Commission employee who is or may
				reasonably be expected to be involved in the decisional process of a proceeding, who
				receives, or who makes or knowingly causes to be made, a communication prohibited by
				Section 10-60 of the Illinois Administrative Procedure Act as modified by Section
				10-103 of the Public Utilities Act [220 ILCS 5/10-103 ] shall place on
				the public record of the proceeding:
1) All such
				written communications;
2) Memoranda
				stating the substance of all such oral communications; and
3) All written responses and memoranda stating the
				substance of all oral responses to the materials described in subsections (b)(1) and
				(2). [220 ILCS
				5/10-103 ]