CHAPTER 2.6. COMPETITION IN THE PROVISION OF TELEPHONE SERVICES
IC 8-1-2.6
Chapter 2.6. Competition in the Provision of Telephone Services
IC 8-1-2.6-0.1
"Basic telecommunications service"
Sec. 0.1. (a) As used in this chapter, "basic telecommunicationsservice" means stand alone telephone exchange service (as definedin 47 U.S.C. 153(47)) that:
(1) is provided to a residential customer through the customer'sprimary line; and
(2) is:
(A) the sole service purchased by the customer;
(B) not part of a package of services, a promotion, or acontract; or
(C) not otherwise offered at a discounted price.
(b) The term includes, at a minimum, the following:
(1) Voice grade access to the public switched telephonenetwork with minimum bandwidth of three hundred (300) tothree thousand (3,000) hertz.
(2) Dual tone multifrequency signaling and single party service.
(3) Access to:
(A) emergency services, including access to 911 andenhanced 911 if provided by the local government havingjurisdiction in the service area;
(B) operator services;
(C) local directory assistance;
(D) telephone relay services; and
(E) interexchange service.
(4) Toll limitation services for qualifying low incomecustomers.
(c) The term does not include a functionally equivalent serviceprovided by a person or an entity described in IC 8-1-2-1.1.
As added by P.L.27-2006, SEC.6.
IC 8-1-2.6-0.2
"Incumbent local exchange carrier"
Sec. 0.2. As used in this chapter, "incumbent local exchangecarrier" has the meaning set forth in 47 U.S.C. 251(h).
As added by P.L.27-2006, SEC.7.
IC 8-1-2.6-0.3
"Nonbasic telecommunications service"
Sec. 0.3. (a) As used in this chapter, "nonbasictelecommunications service" means retail telecommunicationsservice other than:
(1) basic telecommunications service, except when the serviceis purchased by the customer:
(A) in conjunction with another service;
(B) as part of a package of services, a promotion, or acontract; or (C) at an otherwise discounted price;
(2) commercial mobile radio service (as defined in 47 CFR51.5);
(3) services outside the jurisdiction of the commission undersection 1.1 of this chapter; and
(4) switched and special access services.
(b) The term includes services included in:
(1) customer specific contracts;
(2) volume, term, and discount pricing options; and
(3) packages, bundles, and promotions, including offersdesigned to obtain new customers, retain existing customers, orbring back former customers.
As added by P.L.27-2006, SEC.8.
IC 8-1-2.6-0.4
"Provider"
Sec. 0.4. As used in this chapter, "provider" means a person or anentity that offers basic or nonbasic telecommunications service.
As added by P.L.27-2006, SEC.9.
IC 8-1-2.6-0.5
"Rates and charges"
Sec. 0.5. As used in this chapter, "rates and charges", with respectto basic telecommunications service, means the monthly charge to acustomer for basic telecommunications service, including:
(1) recurring charges for flat rate and message rate service; and
(2) any nonrecurring charge for installation or a line or serviceconnection.
As added by P.L.27-2006, SEC.10.
IC 8-1-2.6-0.6
"Telecommunications"
Sec. 0.6. As used in this chapter, "telecommunications" has themeaning set forth in 47 U.S.C. 153(43).
As added by P.L.27-2006, SEC.11.
IC 8-1-2.6-0.7
"Telecommunications service"
Sec. 0.7. As used in this chapter, "telecommunications service"has the meaning set forth in 47 U.S.C. 153(46).
As added by P.L.27-2006, SEC.12.
IC 8-1-2.6-1
Legislative declaration
Sec. 1. The Indiana general assembly hereby declares that:
(1) the maintenance of universal telephone service is acontinuing goal of the commission in the exercise of itsjurisdiction;
(2) competition has become commonplace in the provision oftelecommunications services in Indiana and the United States; (3) advancements in and the convergence of technologies thatprovide voice, video, and data transmission, including:
(A) landline, wireless, cable, satellite, and Internettransmissions; and
(B) transmissions involving voice over Internet Protocol(VOIP), Internet Protocol enabled services, and voice overpower lines;
are substantially increasing consumer choice, reinventing themarketplace with unprecedented speed, and making availablehighly competitive products and services and new methods ofdelivering local exchange service;
(4) traditional regulatory policies, practices, and statutes are notdesigned to deal with a competitive environment andtechnological advancements;
(5) an environment in which Indiana consumers will haveavailable the widest array of state-of-the-art communicationsservices at the most economic and reasonable cost possible willnecessitate full and fair facilities based competition in thedelivery of telecommunications services throughout Indiana;and
(6) streamlining of, and flexibility in, the regulation ofproviders of telecommunications services, regardless of thetechnology used, is essential to the well-being of Indiana, itseconomy, and its citizens, and that the public interest requiresthat the commission be authorized to formulate and adopt rulesand policies as will permit the commission, in the exercise of itsexpertise, to regulate and control the provision oftelecommunications services to the public in an increasinglycompetitive and technologically changing environment, givingdue regard to the interests of consumers and the public, theability of market forces to encourage innovation andinvestment, and the continued universal availability of basictelecommunications service.
As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.32;P.L.27-2006, SEC.13.
IC 8-1-2.6-1.1
Services not subject to commission jurisdiction
Sec. 1.1. The commission shall not exercise jurisdiction over:
(1) advanced services (as defined in 47 CFR 51.5);
(2) broadband service, however defined or classified by theFederal Communications Commission;
(3) information service (as defined in 47 U.S.C. 153(20));
(4) Internet Protocol enabled retail services:
(A) regardless of how the service is classified by the FederalCommunications Commission; and
(B) except as expressly permitted under IC 8-1-2.8;
(5) commercial mobile service (as defined in 47 U.S.C. 332); or
(6) any service not commercially available on March 28, 2006.
As added by P.L.27-2006, SEC.14. Amended by P.L.1-2007, SEC.69.
IC 8-1-2.6-1.2
Nonbasic telecommunications service; commission's limitedjurisdiction
Sec. 1.2. Except as provided in sections 1.5(b), 12, and 13 of thischapter, after March 27, 2006, the commission shall not exercisejurisdiction over any nonbasic telecommunications service.
As added by P.L.27-2006, SEC.15. Amended by P.L.1-2007, SEC.70.
IC 8-1-2.6-1.3
Rate transition period; allowed increases in basictelecommunications service rates; broadband servicerequirements; availability of flat monthly rate; emergencysuspension of rate limits; measured local service prohibited
Sec. 1.3. (a) As used in this section, "broadband service" meansa connection to the Internet that provides capacity for transmissionat an average speed of at least one and one-half (1.5) megabits persecond downstream and at least three hundred eighty-four (384)kilobits per second upstream, regardless of the technology or mediumused to provide the connection. The term includes a connection to theInternet provided by wireless technology, copper wire, fiber opticcable, coaxial cable, broadband over power lines, or other facilitiesor future technologies. The term does not include any of thefollowing:
(1) Value added services in which computer processingapplications are used to act on the form, content, code, orprotocol of any information transmitted.
(2) Value added services providing text, graphic, video, oraudio program content for a purpose other than transmission.
(3) The transmission of video programming or otherprogramming:
(A) provided by; or
(B) generally considered comparable to programmingprovided by;
a television broadcast station or a radio broadcast station,including cable TV, direct broadcast satellite, and digitaltelevision.
(4) A connection to the Internet provided through satellitetechnology.
(b) As used in this section, "rate transition period" refers to theperiod beginning March 28, 2006, and ending June 30, 2009, duringwhich a provider may act under this section to increase the provider'sflat monthly rate for basic telecommunications service offered in one(1) or more local exchange areas in Indiana.
(c) This subsection applies to a provider that offers basictelecommunications service in one (1) or more local exchange areasin Indiana on March 27, 2006. Subject to subsection (e), during therate transition period, a provider may act without the prior approvalof the commission to increase the provider's flat monthly rate forbasic telecommunications service in any local exchange area inwhich the provider offers basic telecommunications service on
March 27, 2006. Subject to subsection (h), a provider may increasethe provider's flat monthly rate for basic telecommunications servicein a local exchange area as follows:
(1) The provider may increase the flat monthly rate not morefrequently than once during each successive twelve (12) monthperiod during the period beginning March 28, 2006, and endingJune 30, 2009. The amount of any increase in the flat monthlyrate imposed during a twelve (12) month period described inthis subdivision may not exceed one dollar ($1). If a provider:
(A) does not impose an increase during any twelve (12)month period described in this subdivision; or
(B) imposes an increase less than the maximum one dollar($1) increase allowed under this subdivision during anytwelve (12) month period described in this subdivision;
the provider may not impose the unused increase in anysubsequent twelve (12) month period described in thissubdivision.
(2) The provider may increase the flat monthly rate not morefrequently than three (3) times during the entire rate transitionperiod. The amount of the total increase in the flat monthly rateduring the transition period may not exceed three dollars ($3),as calculated based on the flat monthly rate in effect in the localexchange area on March 27, 2006.
The provider shall provide the commission and all affectedcustomers thirty (30) days advance notice of each rate increase underthis subsection.
(d) This subsection applies to a provider that, at any time duringthe rate transition period, begins offering basic telecommunicationsservice in a local exchange area in Indiana in which the provider didnot offer basic telecommunications service on March 27, 2006. Inaccordance with the procedures set forth in IC 8-1-2, the commissionshall approve the initial rates and charges for basictelecommunications service first offered by the provider in a localexchange area at any time during the rate transition period. Subjectto subsections (e) and (h), beginning twelve (12) months after thecommission approves the initial rates and charges for the localexchange area, the provider may increase the initial flat monthly ratefor basic telecommunications service in accordance with subsection(c). However, subsection (c)(2) does not apply to a rate increaseunder this subsection. The provider may not increase the flat monthlyrate under this subsection during the rate transition period morefrequently than the number of twelve (12) month periods remainingin the rate transition period at the time the provider is first eligible toincrease the initial flat monthly rate under this subsection. Theamount of the total increase in the flat monthly rate during the ratetransition period may not exceed the product of:
(1) one dollar ($1); multiplied by
(2) the number of twelve (12) month periods remaining in therate transition period at the time the provider is first eligible toincrease the initial flat monthly rate under this subsection.The provider shall provide the commission and all affectedcustomers thirty (30) days advance notice of each rate increase underthis subsection.
(e) This subsection applies to a provider that acts undersubsection (c) or (d) to increase the provider's flat monthly rate forbasic telecommunications service in a local exchange area in Indiana.Not later than eighteen (18) calendar months after the provider's firstrate increase in the local exchange area under subsection (c) or (d),the provider must offer broadband service to at least fifty percent(50%) of the households located in the local exchange area, at theaverage speeds set forth in subsection (a), as determined by thecommission after notice and an opportunity for hearing. Thecommission may extend the eighteen (18) month period allowedunder this subsection by not more than nine (9) additional calendarmonths for good cause shown by the provider. The commission shallhold a hearing and make a finding as to whether the provider offersbroadband service to at least fifty percent (50%) of the householdsin the local exchange area not later than the earlier of the following:
(1) Ninety (90) days after a request by the provider for a hearingand determination by the commission. The provider mayrequest a hearing and determination under this subdivision atany time before the expiration of:
(A) the eighteen (18) month period allowed by thissubsection; or
(B) any extension of the eighteen (18) month period allowedby the commission under this subsection.
(2) Ninety (90) days after the expiration of:
(A) the eighteen (18) month period allowed by thissubsection; or
(B) any extension of the eighteen (18) month period allowedby the commission under this subsection;
if the provider does not request a hearing and determinationunder subdivision (1).
(f) If, after a hearing under subsection (e), the commissiondetermines that the provider does not offer broadband service to atleast fifty percent (50%) of the households in the local exchange areanot later than eighteen (18) months after the provider's first rateincrease in the local exchange area under subsection (c) or (d), thecommission may require the provider to:
(1) refund to customers; or
(2) pay to the commission as a civil penalty;
an amount equal to the incremental revenue accruing to the provideras a result of all rate increases imposed by the provider in the localexchange area under subsection (c) or (d), plus interest. Thecommission shall determine the amount of interest added to a refundor payment made under this subsection by applying the averageinterest rate paid during the eighteen (18) months after the provider'sfirst rate increase to depositors by the fifteen (15) largest banks withtheir principal offices in Indiana. A determination by the commissionunder this subsection is subject to appeal under IC 8-1-3. (g) This subsection applies to an incumbent local exchange carrierthat offers basic telecommunications service in one (1) or more localexchange areas in Indiana on March 27, 2006. Throughout the ratetransition period, the incumbent local exchange carrier shall continueto make available a flat monthly rate with unlimited local calling forbasic telecommunications service in all local exchange areas inwhich the incumbent local exchange carrier offers basictelecommunications service on March 27, 2006, regardless ofwhether the incumbent local exchange carrier increases the flatmonthly rate in any of those local exchange areas under subsection(c). Throughout the transition period, an extended area of service inwhich the incumbent local exchange carrier offers basictelecommunications service on March 27, 2006, may not be reducedin area or scope without the approval of the commission after noticeand hearing.
(h) If, at any time during the rate transition period, thecommission determines in accordance with IC 8-1-2-113 that anemergency exists, the commission may act under IC 8-1-2-113 totemporarily alter, amend, or suspend the limits on the flat monthlyrate increases set forth in subsections (c) and (d) if necessary tomaintain a provider's financial integrity and ability to provideadequate basic telecommunications service. The commission shallreimplement the limits on flat monthly rate increases, as set forth insubsections (c) and (d), when the commission is satisfied theemergency no longer exists.
(i) After June 30, 2009, a provider that offers basictelecommunications service in Indiana:
(1) must offer a flat monthly rate with unlimited local callingfor basic telecommunications service in each local exchangearea in Indiana in which the provider offers basictelecommunications service; and
(2) may not, in any local exchange area in Indiana in which theprovider offers basic telecommunications service, offer anyservice plan for basic telecommunications service that includesmeasured local service.
As added by P.L.27-2006, SEC.16.
IC 8-1-2.6-1.4
Basic telecommunications service; commission's limitedjurisdiction
Sec. 1.4. Except as provided in sections 1.5(b), 12, and 13 of thischapter, after June 30, 2009, the commission shall not exercisejurisdiction over basic telecommunications service.
As added by P.L.27-2006, SEC.17. Amended by P.L.1-2007, SEC.71.
IC 8-1-2.6-1.5
Commission's authority over interconnection, resale oftelecommunications service, and unbundled network elements;interconnection disputes; intrastate switched or special accessservice Sec. 1.5. (a) In acting to impose any requirements or set any pricesconcerning:
(1) interconnection with the facilities and equipment ofproviders for purposes of 47 U.S.C. 251(c)(2);
(2) the resale of telecommunications service for purposes of 47U.S.C. 251(c)(4); or
(3) the unbundled access of one (1) provider to the networkelements of another provider for purposes of 47 U.S.C.251(c)(3);
the commission shall not exceed the authority delegated to thecommission under federal laws and regulations with respect to thoseactions. This subsection does not affect the commission's authorityunder IC 8-1-2-5.
(b) Subject to any regulations adopted by the FederalCommunications Commission, this section does not affect:
(1) the commission's authority to mediate a dispute betweenproviders under 47 U.S.C. 252(a);
(2) the commission's authority to arbitrate a dispute betweenproviders under 47 U.S.C. 252(b);
(3) the commission's authority to approve an interconnectionagreement under 47 U.S.C. 252(e), including the authority toestablish service quality metrics and liquidated damages;
(4) the commission's authority to review and approve aprovider's statement of terms and conditions under 47 U.S.C.252(f);
(5) a provider's ability to file a complaint with the commissionto have a dispute decided by the commission:
(A) after notice and hearing; and
(B) in accordance with this article; or
(6) the commission's authority to resolve an interconnectiondispute between providers under the expedited procedures setforth in 170 IAC 7-7.
(c) If a provider's rates and charges for intrastate switched orspecial access service are:
(1) at issue in a dispute that the commission is authorized tomediate, arbitrate, or otherwise determine under state or federallaw; or
(2) included in an interconnection agreement or a statement ofterms and conditions that the commission is authorized toreview or approve under state or federal law;
the commission shall consider the provider's rates and charges forintrastate switched or special access service to be just and reasonableif the intrastate rates and charges mirror the provider's interstate ratesand charges for switched or special access service.
As added by P.L.27-2006, SEC.18.
IC 8-1-2.6-2
Rules and orders of the commission; notice and hearing;underlying policies; determination of public interest
Sec. 2. (a) This section applies to rules and orders that: (1) concern telecommunications service or providers oftelecommunications service; and
(2) may be adopted or issued by the commission under theauthority of state or federal law.
(b) Rules and orders described in this section:
(1) may be adopted or issued only after notice and hearing,unless:
(A) the commission determines in accordance withIC 8-1-2-113 that an emergency exists that requires thecommission or a provider to take immediate action to:
(i) prevent injury to the business or interests of the citizensof Indiana; or
(ii) maintain a provider's financial integrity and ability toprovide adequate basic telecommunications service;
(B) the commission is authorized under IC 8-1-2 to adopt aparticular rule or issue a particular order without thenecessity of a hearing; or
(C) after receiving notice of the commission's proposedaction, all parties to a proceeding consent to the commissiontaking action without a hearing; and
(2) must be:
(A) consistent with this chapter; and
(B) in the public interest, as determined by the commissionunder subsection (d).
(c) Rules and orders described in this section must promote one(1) or more of the following:
(1) Cost minimization for providers to the extent that aprovider's quality of service and facilities are not diminished.
(2) A more accurate evaluation by the commission of aprovider's physical or financial conditions or needs as well as aless costly regulatory procedure for either the provider, theprovider's customers, or the commission.
(3) Consumer access to affordable basic telecommunicationsservice.
(4) Development of depreciation guidelines and procedures thatrecognize technological obsolescence.
(5) Increased provider management efficiency beneficial tocustomers.
(6) Regulation consistent with a competitive environment.
(d) In determining whether the public interest will be served, asrequired under subsection (b), the commission shall consider:
(1) whether technological change, competitive forces, orregulation by other state and federal regulatory bodies renderthe exercise of jurisdiction by the commission unnecessary orwasteful;
(2) whether the exercise of commission jurisdiction producestangible benefits to the customers of providers; and
(3) whether the exercise of commission jurisdiction inhibits aregulated entity from competing with unregulated providers offunctionally similar telecommunications services or equipment. (e) This section does not affect the commission's authority underIC 8-1-2-5.
As added by P.L.92-1985, SEC.1. Amended by P.L.27-2006, SEC.19.
IC 8-1-2.6-3
Repealed
(Repealed by P.L.27-2006, SEC.61.)
IC 8-1-2.6-4
Regulatory flexibility committee; legislative standing committees;subject matter jurisdiction; reports
Sec. 4. (a) A regulatory flexibility committee is established tomonitor competition in the telecommunications industry.
(b) The committee is composed of the members of a housestanding committee selected by the speaker of the house ofrepresentatives and a senate standing committee selected by thepresident pro tempore of the senate. In selecting standing committeesunder this subsection, the speaker and president pro tempore shalldetermine which standing committee of the house of representativesand the senate, respectively, has subject matter jurisdiction that mostclosely relates to the electricity, gas, energy policy, andtelecommunications jurisdiction of the regulatory flexibilitycommittee. The chairpersons of the standing committees selectedunder this subsection shall co-chair the regulatory flexibilitycommittee.
(c) The commission shall, by July 1 of each year, prepare forpresentation to the regulatory flexibility committee a report thatincludes the following:
(1) An analysis of the effects of competition and technologicalchange on universal service and on pricing of alltelecommunications services offered in Indiana.
(2) An analysis of the status of competition and technologicalchange in the provision of video service (as defined inIC 8-1-34-14) to Indiana customers, as determined by thecommission in carrying out its duties under IC 8-1-34. Thecommission's analysis under this subdivision must include adescription of:
(A) the number of multichannel video programmingdistributors offering video service to Indiana customers;
(B) the technologies used to provide video service to Indianacustomers; and
(C) the effects of competition on the pricing and availabilityof video service in Indiana.
(3) Beginning with the report due July 1, 2007, and in eachreport due in an odd-numbered year after July 1, 2007:
(A) an identification of all telecommunications rules andpolicies that are eliminated by the commission under section4.1 of this chapter during the two (2) most recent state fiscalyears; and
(B) an explanation why the telecommunications rules and
policies identified under clause (A) are no longer in thepublic interest or necessary to protect consumers.
(4) Beginning with the report due July 1, 2010, best practicesconcerning vertical location of underground facilities forpurposes of IC 8-1-26. A report under this subdivision mustaddress the viability and economic feasibility of technologiesused to vertically locate underground facilities.
(d) In addition to reviewing the commission report prepared undersubsection (c), the regulatory flexibility committee shall also issuea report and recommendations to the legislative council by November1 of each year that is based on a review of the following issues:
(1) The effects of competition and technological change in thetelecommunications industry and impact of competition onavailable subsidies used to maintain universal service.
(2) The status of modernization of the publicly availabletelecommunications infrastructure in Indiana and the incentivesrequired to further enhance this infrastructure.
(3) The effects on economic development and educationalopportunities of the modernization described in subdivision (2).
(4) The current methods of regulating providers, at both thefederal and state levels, and the effectiveness of the methods.
(5) The economic and social effectiveness of currenttelecommunications service pricing.
(6) All other telecommunications issues the committee deemsappropriate.
The report and recommendations issued under this subsection to thelegislative council must be in an electronic format under IC 5-14-6.
(e) The regulatory flexibility committee shall meet on the call ofthe co-chairpersons to study telecommunications issues described insubsection (d). The committee shall, with the approval of thecommission, retain the independent consultants the committeeconsiders appropriate to assist the committee in the review and study.The expenses for the consultants shall be paid by the commission.
As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.33;P.L.55-1992, SEC.1; P.L.224-2003, SEC.277; P.L.28-2004, SEC.71;P.L.27-2006, SEC.20; P.L.62-2009, SEC.1.
IC 8-1-2.6-4.1
Commission's biennial elimination of obsolete telecommunicationsrules; notification to customer switching from basic to nonbasictelecommunications service
Sec. 4.1. (a) Not later than:
(1) July 1, 2007; and
(2) July 1 of each odd-numbered year after July 1, 2007;
the commission shall, through a rulemaking proceeding underIC 4-22-2 or another commission proceeding, identify and eliminaterules and policies concerning telecommunications service andtelecommunications service providers if the rules or policies are nolonger necessary in the public interest or for the protection ofconsumers as the result of meaningful economic competition
between providers of telecommunications services.
(b) Not later than July 1, 2007, the commission shall adopt rulesunder IC 4-22-2 to require a telecommunications service provider, atany time the provider communicates with a residential customerabout changing the customer's basic telecommunications service tononbasic telecommunications service, to notify the residentialcustomer of:
(1) the option of basic telecommunications service; and
(2) any regulatory protections, including pricing or quality ofservice protections, that the residential customer would foregoby switching to nonbasic telecommunications service.
(c) In carrying out this section, the commission shall promote thepolicies and purposes set forth in this chapter. Beginning in 2007,and in each odd-numbered year after 2007, the commission's annualreport to the regulatory flexibility committee under section 4 of thischapter must:
(1) identify any regulation or policy eliminated by thecommission under this section during the two (2) most recentstate fiscal years; and
(2) explain why the regulation or policy is no longer in thepublic interest or necessary to protect consumers.
As added by P.L.27-2006, SEC.21.
IC 8-1-2.6-5
Repealed
(Repealed by P.L.27-2006, SEC.61.)
IC 8-1-2.6-6
Repealed
(Repealed by P.L.27-2006, SEC.62.)
IC 8-1-2.6-7
Repealed
(Repealed by P.L.27-2006, SEC.61.)
IC 8-1-2.6-8
Rate reduction programs
Sec. 8. (a) As used in this section, "rate reduction" means adecrease in either recurring or nonrecurring rates or charges.
(b) Notwithstanding any other provision of this chapter or anyother statute, a provider may participate in any rate reductionprogram for residential customers funded from revenues provided byany governmental entity or other revenues administered by an agencyof that entity.
As added by P.L.81-1988, SEC.2. Amended by P.L.27-2006, SEC.22.
IC 8-1-2.6-12
Settlement agreements approved before July 29, 2004
Sec. 12. This chapter does not terminate or otherwise change theterms and conditions of a settlement agreement approved by the
commission under this chapter before July 29, 2004. However, aprovider may renegotiate the terms and conditions of the settlementagreement at any time before the expiration of the settlementagreement.
As added by P.L.27-2006, SEC.23.
IC 8-1-2.6-13
Commission's jurisdiction before and after June 30, 2009;reporting requirements
Sec. 13. (a) As used in this section, "communications service" hasthe meaning set forth in IC 8-1-32.5-3.
(b) As used in this section, "communications service provider"means a person or an entity that offers communications service tocustomers in Indiana, without regard to the technology or mediumused by the person or entity to provide the communications service.The term includes a provider of commercial mobile service (asdefined in 47 U.S.C. 332).
(c) As used in this section, "dark fiber" refers to unused capacityin a communications service provider's communications network,including fiber optic cable or other facilities:
(1) in place within a public right-of-way; but
(2) not placed in service by a communications service provider.
(d) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, thecommission may do the following both during and after the ratetransition period described in section 1.3 of this chapter, except asotherwise provided in this subsection:
(1) Subject to section 12 of this chapter, enforce the terms of asettlement agreement approved by the commission before July29, 2004. The commission's authority under this subdivisioncontinues for the duration of the settlement agreement.
(2) Fulfill the commission's duties under IC 8-1-2.8 concerningthe provision of dual party relay services to hearing impairedand speech impaired persons in Indiana.
(3) Fulfill the commission's duties under IC 8-1-19.5 concerningthe administration of the 211 dialing code for communicationsservice used to provide access to human services informationand referrals.
(4) Fulfill the commission's responsibilities under IC 8-1-29 toadopt and enforce rules to ensure that a customer of atelecommunications provider is not:
(A) switched to another telecommunications provider unlessthe customer authorizes the switch; or
(B) billed for services by a telecommunications provider thatwithout the customer's authorization added the services tothe customer's service order.
(5) Fulfill the commission's obligations under:
(A) the federal Telecommunications Act of 1996 (47 U.S.C.151 et seq.); and
(B) IC 20-20-16;
concerning universal service and access to telecommunications
service and equipment, including the designation of eligibletelecommunications carriers under 47 U.S.C. 214.
(6) Perform any of the functions described in section 1.5(b) ofthis chapter.
(7) After June 30, 2009, perform the commission'sresponsibilities under IC 8-1-32.5 to:
(A) issue; and
(B) maintain records of;
certificates of territorial authority for communications serviceproviders offering communications service to customers inIndiana.
(8) Perform the commission's responsibilities under IC 8-1-34concerning the issuance of certificates of franchise authority tomultichannel video programming distributors offering videoservice to Indiana customers.
(9) After June 30, 2009, require a communications serviceprovider, other than a provider of commercial mobile service(as defined in 47 U.S.C. 332), to report to the commission on anannual basis, or more frequently at the option of the provider,any of the following information:
(A) Service quality goals and performance data. Thecommission shall make any information or data submittedunder this subsection available:
(i) for public inspection and copying at the offices of thecommission under IC 5-14-3; and
(ii) electronically through the computer gatewayadministered by the office of technology established byIC 4-13.1-2-1;
to the extent the information or data are not exempt frompublic disclosure under IC 5-14-3-4(a).
(B) Information concerning the:
(i) capacity;
(ii) location; and
(iii) planned or potential use;
of the communications service provider's dark fiber inIndiana.
(C) Information concerning the communications serviceoffered by the communications service provider in Indiana,including:
(i) the types of service offered; and
(ii) the areas in Indiana in which the services are offered.
(D) Any information needed by the commission to preparethe commission's report to the regulatory flexibilitycommittee under section 4 of this chapter.
(E) Any other information that the commission is authorizedto collect from a communications service provider understate or federal law.
The commission may revoke a certificate issued to acommunications service provider under IC 8-1-32.5 if thecommunications service provider fails or refuses to report any
information required by the commission under this subdivision.However, this subdivision does not empower the commission torequire a communications service provider to discloseconfidential and proprietary business plans and otherconfidential information without adequate protection of theinformation. The commission shall exercise all necessarycaution to avoid disclosure of confidential information suppliedunder this subdivision.
(10) Perform the commission's duties under IC 8-1-32.4 withrespect to telecommunications providers of last resort, to theextent of the authority delegated to the commission underfederal law to perform those duties.
(11) Perform the commission's duties under IC 8-1-2-5 withrespect to interconnection.
(12) Establish and administer the Indiana Lifeline assistanceprogram under IC 8-1-36.
(13) After June 30, 2009, collect and maintain from a providerof commercial mobile service (as defined in 47 U.S.C. 332) thefollowing information:
(A) The address of the provider's web site.
(B) All toll free telephone numbers and other customerservice telephone numbers maintained by the provider forreceiving customer inquiries and complaints.
(C) An address and other contact information for theprovider, including any telephone number not described inclause (B).
The commission shall make any information submitted by aprovider under this subdivision available on the commission'sweb site. The commission may also make available on thecommission's web site contact information for the FederalCommunications Commission and the Cellular TelephoneIndustry Association.
(14) Fulfill the commission's duties under any state or federallaw concerning the administration of any universally applicabledialing code for any communications service.
(e) After June 30, 2009, the commission does not havejurisdiction over any of the following with respect to acommunications service provider:
(1) Rates and charges for communications service provided bythe communications service provider, including the filing ofschedules or tariffs setting forth the provider's rates andcharges.
(2) Depreciation schedules for any of the classes of propertyowned by the communications service provider.
(3) Quality of service provided by the communications serviceprovider, other than the imposition of a reporting requirementunder subsection (d)(9)(A).
(4) Long term financing arrangements or other obligations ofthe communications service provider.
(5) Except as provided in subsection (d), any other aspect
regulated by the commission under this title before July 1, 2009.
(f) After June 30, 2009, the commission has jurisdiction over acommunications service provider only to the extent that jurisdictionis:
(1) expressly granted by state or federal law, including:
(A) a state or federal statute;
(B) a lawful order or regulation of the FederalCommunications Commission; or
(C) an order or a ruling of a state or federal court havingjurisdiction; or
(2) necessary to administer a federal law for which regulatoryresponsibility has been delegated to the commission by federallaw.
As added by P.L.27-2006, SEC.24. Amended by P.L.1-2007, SEC.72.
IC 8-1-2.6-14
Payment of switched network access rates and other carriercompensation not affected
Sec. 14. This chapter does not affect the rights and obligations ofany person or entity concerning the payment of switched networkaccess rates or other carrier compensation concerning:
(1) Internet Protocol enabled services;
(2) advanced services (as defined in 47 CFR 51.5);
(3) broadband service; or
(4) other Internet access services.
As added by P.L.27-2006, SEC.25.
IC 8-1-2.6-15
Statutory conflicts; right of small telephone companies and ruralcooperatives to withdraw from commission jurisdiction notaffected
Sec. 15. (a) Except as provided in subsection (b), if there is aconflict between this chapter and another provision of this article,this chapter controls.
(b) This chapter does not affect the rights of:
(1) a provider that has withdrawn from the commission'sjurisdiction under IC 8-1-2-88.5 or IC 8-1-17-22.5 before March28, 2006, to remain outside the jurisdiction of the commissionduring the transition period described in section 1.3 of thischapter; or
(2) a provider that:
(A) has not withdrawn from the commission's jurisdictionunder IC 8-1-2-88.5 or IC 8-1-17-22.5 before March 28,2006; and
(B) is otherwise eligible to withdraw from the commission'sjurisdiction under IC 8-1-2-88.5 or IC 8-1-17-22.5;
to withdraw from the commission's jurisdiction underIC 8-1-2-88.5 or IC 8-1-17-22.5 at any time during the transitionperiod described in section 1.3 of this chapter.
Except as provided in section 13(d)(5) of this chapter, after June 30,
2009, section 1.4 of this chapter applies to a provider described inthis subsection.
As added by P.L.27-2006, SEC.26.
IC 8-1-2.6-16
Rates charged by incumbent local exchange carriers to payphoneservice providers
Sec. 16. (a) As used in this section, "payphone service provider"means an entity, other than an incumbent local exchange carrier, thatowns and operates:
(1) public or semipublic pay telephones; or
(2) pay telephones used to provide telephone service incorrectional institutions.
(b) Notwithstanding any other statute, the commission shall retainjurisdiction to establish just and reasonable rates that may be chargedby an incumbent local exchange carrier to a payphone serviceprovider. Rates established under this section must be:
(1) based on the costs incurred by the incumbent local exchangecarrier to provide the service;
(2) consistent with the requirements of 47 U.S.C. 276;
(3) nondiscriminatory; and
(4) consistent with the pricing guidelines for payphone serviceproviders established by the Federal CommunicationsCommission.
As added by P.L.27-2006, SEC.27.