CHAPTER 19. TELEPHONE COMPANIES.RECEIVERSHIP

IC 8-1-19
    Chapter 19. Telephone Companies.Receivership

IC 8-1-19-1
Public policy
    Sec. 1. Whereas the telephone system of this country is anationwide interconnected and interrelated system, no part of whichmay be suspended without seriously and adversely affecting thewhole, and whereas the continuous operation of suchcommunications system is essential to the operation of the economiclife of the country and is necessary to prevent extreme hardship, now,therefore, it is legislatively determined that the remedy of suspensionor revocation of the permit of a telephone company for violation oflaw or the rules or orders of lawful authority is wholly inadequateand that additional remedy therefor is necessary and proper and thatthe intrinsic nature of the telephone business justifies such additionalremedy for such industry.
(Formerly: Acts 1947, c.270, s.1.)

IC 8-1-19-2
Verified showing; hearing; order for receivership
    Sec. 2. If any telephone company shall violate any provision oflaw, or any rule or order of the commission or of any other lawfulauthority or shall fail to perform any duty imposed upon it by law orby any such rule or order, then, and in that event, in addition to allother remedies provided by law, the commission may, in a propercase, file a verified showing in any circuit court in this state whereinis located the main or principal office or place of business of anytelephone company, that such telephone company has failed,neglected, or refused to comply with such provision of law or withan order or requirement of said commission or other lawful authorityand that the users of the telephone service furnished by suchtelephone company, or the public, will be damaged or injured by thecontinued noncompliance with such law, order or requirement, andthat it would be to the interest of the public, that on ten (10) daysnotice to such telephone company the court should appoint a receiverto operate said telephone company and to render such service or tocomply with such law, order, or requirement of the said commissionor other lawful authority. Such court may, upon such showing,appoint a receiver for such purpose who shall thereupon qualify asother receivers are qualified and shall thereupon have and exercisethe same rights and be subject to the same duties and obligations asnow provided by law for public utilities. Such receivership shall becontinued, until it is found by the court that said telephone companywill, in all reasonable probability, comply in the future with all rulesand orders applicable thereto. Such finding shall be entered onlyafter hearing upon notice to the commission. In construing andenforcing the provisions of this section, the act, omission, or failureof any officer, agent, or other person acting for or employed by anypublic utility acting within the scope of his employment shall in

every case be deemed to be the act, omission, or failure of suchpublic utility.
(Formerly: Acts 1947, c.270, s.2.) As amended by P.L.23-1988,SEC.57.