CHAPTER 29. TELECOMMUNICATIONS CUSTOMERS
IC 8-1-29
Chapter 29. Telecommunications Customers
IC 8-1-29-1
"Customer" defined
Sec. 1. As used in this chapter, "customer" means a person towhom telecommunications services are provided.
As added by P.L.92-1998, SEC.2.
IC 8-1-29-1.3
"Letter of agency" defined
Sec. 1.3. As used in this chapter, "letter of agency" means awritten statement that a customer signs that authorizes a change tothat customer's primary interexchange carrier or primary localexchange carrier.
As added by P.L.135-1999, SEC.1.
IC 8-1-29-1.5
"Preferred carrier change order" defined
Sec. 1.5. As used in this chapter, "preferred carrier change order"means a request to change a customer's telecommunications provider.
As added by P.L.135-1999, SEC.2.
IC 8-1-29-2
"Telecommunications" defined
Sec. 2. As used in this chapter, "telecommunications" means theelectronic transmission, between or among points specified by theuser, of information of the user's choosing, without change in theform or content of the information sent and received. The term doesnot include commercial mobile radio service (as defined in 47 U.S.C.332).
As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.3.
IC 8-1-29-3
"Telecommunications provider" defined
Sec. 3. As used in this chapter, "telecommunications provider"means a person that provides telecommunications service.
As added by P.L.92-1998, SEC.2.
IC 8-1-29-4
"Telecommunications service" defined
Sec. 4. As used in this chapter, "telecommunications service"means making telecommunications available to the public for a fee.
As added by P.L.92-1998, SEC.2.
IC 8-1-29-5
Unauthorized switching of providers or billing for services
Sec. 5. A customer of a telecommunications provider may not be:
(1) switched to another telecommunications provider unless thecustomer authorizes the switch; or (2) billed for services by a telecommunications provider thatwithout the customer's authorization added the services to thecustomer's service order.
As added by P.L.92-1998, SEC.2.
IC 8-1-29-5.5
Confirmation of preferred carrier change order required
Sec. 5.5. A telecommunications provider may not submit apreferred carrier change order unless the order has first beenconfirmed in accordance with one (1) of the following procedures:
(1) The telecommunications provider has obtained thecustomer's written authorization through a letter of agency.
(2) The telecommunications provider has obtained thecustomer's electronic authorization:
(A) to submit a preferred carrier change order; and
(B) placed from a telephone number on which thetelecommunications service is to be changed.
A call to the telecommunications provider under thissubdivision must connect the customer to a voice response unitor a similar mechanism that records the required informationregarding the preferred carrier change, including automaticallyrecording the automatic number identification.
(3) An appropriately qualified and independent third party hasobtained the customer's oral authorization to submit thepreferred carrier change order. Such an authorization mustconfirm and include appropriate verification of the customer'sidentity.
(4) Any other procedure approved by the commission.
As added by P.L.135-1999, SEC.4.
IC 8-1-29-6
Adoption of rules
Sec. 6. The commission shall adopt rules under IC 4-22-2 toimplement IC 8-1-29-5.5. The commission's rules shall ensure that acustomer of a telecommunications provider is not:
(1) switched to another telecommunications provider withoutthe customer's authorization; or
(2) billed for additional services by a telecommunicationsprovider that without the customer's authorization added theservices to the customer's service order.
The rules adopted under this section must be consistent with rulesadopted by the Federal Communications Commission concerningverification procedures for the switching of a customer'stelecommunications provider.
As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.5.
IC 8-1-29-7
Complaints; hearings
Sec. 7. A complaint may be filed with the commission by any ofthe following: (1) A customer of a telecommunications provider who has been:
(A) switched by one (1) telecommunications provider toanother telecommunications provider without the customer'sauthorization; or
(B) billed for services by a telecommunications provider thatwithout the customer's authorization added the services tothe customer's service order.
(2) A telecommunications provider that has been removed as acustomer's telecommunications provider without the customer'sauthorization.
(3) The commission on its own motion.
(4) The office of the utility consumer counselor.
A hearing held on a complaint filed under this section must beconsistent with IC 8-1-1-8.
As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.6.
IC 8-1-29-7.5
Civil penalties
Sec. 7.5. (a) If after notice and hearing the commission finds thata telecommunications provider has violated:
(1) section 5 of this chapter; or
(2) rules adopted under section 6 of this chapter;
the commission may impose a civil penalty of not more than twothousand five hundred dollars ($2,500) for each offense.
(b) The secretary of the commission shall deposit civil penaltiescollected under subsection (a) in the state general fund.
As added by P.L.65-1999, SEC.1.
IC 8-1-29-8
Referral of violations to attorney general as deceptive acts
Sec. 8. The commission may refer a violation of section 5 of thischapter or rules adopted under section 6 of this chapter to theattorney general as a deceptive act. If a violation of section 5 of thischapter or rules adopted under section 6 of this chapter is referred tothe attorney general as a deceptive act, the person who commits theviolation commits a deceptive act that is actionable by the attorneygeneral and the customer and is subject to the remedies and penaltiesunder IC 24-5-0.5.
As added by P.L.92-1998, SEC.2.