83 Ill. Adm. Code 732.30
Customer Credits
Section 732
Section 732.30 Customer
Credits
A telecommunications carrier
shall credit customers for violations of the basic local exchange service
quality standards described in Section 732.20 of this Part. The credits shall
be applied on the statement issued to the customer for the next monthly billing
cycle following the violation or following the discovery of the violation
and shall be identified as a "Service Quality Credit" or "S.Q.
Credit". The telecommunications carrier may provide additional detail
regarding the service quality credit if it wishes.
a)
If a carrier fails to repair an out-of-service condition
for basic local exchange service within 30 hours, the carrier shall provide a
credit to the customer. If the service disruption is for over 30 hours but less
than 48 hours, the credit must be equal to a pro-rata portion of the monthly
recurring charges for all local services disrupted.
A pro-rata portion
shall be based upon a 30-day month.
If the service disruption is for more
than 48 hours, but not more than 72 hours, the credit must be equal to at least
33% of one month's recurring charges for all local services disrupted. If the
service disruption is for more than 72 hours, but not more than 96 hours, the
credit must be equal to at least 67% of one month's recurring charges for all
local services disrupted. If the service disruption is for more than 96 hours,
but not more than 120 hours, the credit must be equal to one month's recurring
charges for all local services disrupted. For each day or portion thereof that
the service disruption continues beyond the initial 120-hour period, the
carrier shall also provide either alternative telephone service or an
additional credit of $20 per day
.
b)
If a carrier fails to install basic local exchange service
as required under
Section 732.20(a)
, the carrier shall waive 50% of any
installation charges, or in the absence of an installation charge or where
installation is pursuant to the Link Up program, the carrier shall provide a
credit of $25. If a carrier fails to install service within 10 business days
after the service application is placed, or fails to install service within 5
business days after the customer's requested installation date, if the
requested date was more than 5 business days after the date of the order, the
carrier shall waive 100% of the installation charge or, in the absence of an
installation charge or where installation is provided pursuant to the Link Up
program, the carrier shall provide a credit of $50. For each day that the failure
to install service continues beyond the initial 10 business days, or beyond 5
business days after the customer's requested installation date, if the
requested date was more than 5 business days after the date of the order, the
carrier shall also provide an additional credit of $20 per day until service is
installed.
c)
If a carrier fails to keep a scheduled repair or
installation appointment when a customer premises visit requires a customer to
be present, the carrier shall credit the customer $25 per missed appointment. A
credit required by this subsection (c) does not apply when the carrier provides
the customer with notice of its inability to keep the appointment no later than
8 p.m. of the day prior to the scheduled date of the appointment.
d)
Credits required by this Section do not apply if the
violation of a service quality standard:
1) occurs
as a result of a negligent or willful act on the
part of the customer;
2)
occurs as a result of a malfunction of customer-owned
telephone equipment or inside wiring;
3)
occurs as a result of, or is extended by, an emergency
situation;
4)
is extended by the carrier's inability to gain access to
the customer's premises due to the customer missing an appointment, provided
that the violation is not further extended by the carrier;
5)
occurs as a result of a customer request to change the
scheduled appointment, provided that the violation is not further extended by
the carrier;
6)
occurs as a result of a carrier's right to refuse service
to a customer as provided in
83 Ill. Adm. Code 735;
or
7)
occurs as a result of a lack of facilities where a customer
requests service at a geographically remote location, a customer requests
service in a geographic area where the carrier is not currently offering
service, or there are insufficient facilities to meet the customer's request
for service, subject to a carrier's obligation for reasonable facilities
planning.
e)
The provisions of this Section are cumulative and shall not
in any way diminish or replace other civil or administrative remedies available
to a customer or a class of customers.
[220 ILCS 5/13-712(e)]