IC 8-1-29.5
    Chapter 29.5. Enforcement Remedies for Prohibited Actions byTelecommunications Service Providers and Video Service Providers

IC 8-1-29.5-1
Application of chapter
    Sec. 1. This chapter applies to a provider and a certificate holder.
As added by P.L.27-2006, SEC.53.

IC 8-1-29.5-2
Application of definitions
    Sec. 2. Except as otherwise provided, the definitions in IC 8-1-2.6apply throughout this chapter.
As added by P.L.27-2006, SEC.53.

IC 8-1-29.5-3
"Certificate holder"
    Sec. 3. As used in this chapter, "certificate holder" refers to aperson holding a certificate of franchise authority issued underIC 8-1-34-17.
As added by P.L.27-2006, SEC.53.

IC 8-1-29.5-4
"Commission"
    Sec. 4. As used in this chapter, "commission" refers to the Indianautility regulatory commission created by IC 8-1-1-2.
As added by P.L.27-2006, SEC.53.

IC 8-1-29.5-5
"Customer"
    Sec. 5. As used in this chapter, "customer", with respect to aprovider, refers to either of the following:
        (1) A residential customer.
        (2) A business customer.
As added by P.L.27-2006, SEC.53.

IC 8-1-29.5-6
Service complaints; investigation by commission; enforcementremedies; civil penalties; enforcement by attorney general; rightto appeal
    Sec. 6. (a) If:
        (1) ten (10) or more customers of a provider or a certificateholder;
        (2) the utility consumer counselor; or
        (3) any class satisfying the standing requirements ofIC 8-1-2-54;
files a verified complaint with the commission alleging that a serviceover which the commission has jurisdiction that is provided by aprovider or a certificate holder is unsafe, unjustly discriminatory, orinadequate, or that any service cannot be obtained, the commission

may investigate the complaint as the commission considersappropriate. The commission shall conduct an investigation underthis section on an expedited basis.
    (b) If, after notice and an opportunity for hearing, the commissiondetermines from an investigation conducted under subsection (a) thata service over which the commission has jurisdiction that is providedby a provider or a certificate holder is unsafe, unjustlydiscriminatory, or inadequate, or that any service cannot be obtained,the commission may do any of the following:
        (1) Issue an order directing the provider or the certificate holderto cease and desist from any action resulting in unsafe, unjustlydiscriminatory, or inadequate service.
        (2) Mandate corrective action.
        (3) Revoke or modify the terms of:
            (A) an indeterminate permit;
            (B) a certificate of territorial authority;
            (C) a certificate of franchise authority issued underIC 8-1-34; or
            (D) another license or authorization;
        issued to the provider or the certificate holder by thecommission.
        (4) Impose a civil penalty of not more than ten thousand dollars($10,000) per offense, if the offense involves any of thefollowing:
            (A) A willful disregard, as evidenced by a continuing patternof conduct, by the provider or the certificate holder of itsobligation to remedy the offense after the provider or thecertificate holder becomes aware of the offense.
            (B) Repeated errors in bills issued to one (1) or morecustomer classes, if the errors:
                (i) represent intentional misconduct or an act of fraud bythe provider or the certificate holder or by any officer,accountant, or agent of the provider or the certificateholder; or
                (ii) demonstrate, by a continuing pattern of conduct, awillful disregard by the provider or the certificate holderof its obligation to remedy the errors after the provider orthe certificate holder becomes aware of the errors.
        Subject to section 7(a)(1) of this chapter, for purposes of thissubdivision, a single act, omission, occurrence, or event thatresults in multiple complaints being filed under subsection (a)constitutes a single offense and is not subject to more than one(1) civil penalty. The commission may not consider each daythat a particular act, omission, occurrence, or event continues tobe a separate offense.
    (c) A matter resolved through voluntary mediation is not subjectto any of the remedies allowed under subsection (b).
    (d) A provider or a certificate holder may not be subject to both:
        (1) a civil penalty or order of the commission under this section;and        (2) a penalty or remedy agreed to in a commission approvedsettlement agreement;
for the same offense. If the commission has approved a settlementagreement under IC 8-1-2.6 that includes penalties or remedies fornoncompliance with specific provisions of the settlement agreement,the penalties or remedies provided in this section do not apply tothose instances of noncompliance during the life of the settlementagreement.
    (e) The attorney general may bring an action in the name of thestate to enforce any action taken by the commission under subsection(b), including the collection of an unpaid civil penalty imposed bythe commission.
    (f) The following are subject to appeal by a provider underIC 8-1-3:
        (1) A determination by the commission under this section thata service is unsafe, unjustly discriminatory, or inadequate, orthat a service cannot be obtained.
        (2) The appropriateness of any action taken by the commissionunder subsection (b)(1) through (b)(3).
        (3) The appropriateness of:
            (A) the imposition of a civil penalty by the commissionunder subsection (b)(4); or
            (B) the amount of the penalty imposed.
Upon the motion of a provider or a certificate holder, the commissionshall stay the effect or enforceability of an order or penalty under thissection pending an appeal, subject to the provider or the certificateholder posting a bond that complies with Rule 18 of the IndianaRules of Appellate Procedure.
As added by P.L.27-2006, SEC.53.

IC 8-1-29.5-7
Factors commission may consider in imposing civil penalty; waiverof civil penalty; use of civil penalties collected
    Sec. 7. (a) In imposing a civil penalty under section 6(b)(4) of thischapter, the commission may consider the following factors:
        (1) The duration and gravity of the offense, including thenumber of customers affected.
        (2) Economic benefits accrued by the provider or certificateholder as a result of the offense.
        (3) The amount of a civil penalty that will deter future offensesby the provider or certificate holder.
        (4) The market share of the provider or certificate holder in theaffected service areas.
        (5) Good faith of the provider or certificate holder in attemptingto remedy the offense after receiving notification of the offense.
    (b) If the commission waives a civil penalty for any offensedescribed in section 6(b)(4) of this chapter, the commission mustmake a written finding as to why it is waiving the civil penalty. Thecommission may waive a civil penalty under section 6(b)(4) of thischapter if the commission finds that the offense is the result of any

of the following:
        (1) Technological infeasibility.
        (2) An act of God.
        (3) A defect in, or prohibited use of, customer providedequipment.
        (4) A negligent act of a customer.
        (5) An emergency situation.
        (6) Unavoidable casualty.
    (c) The secretary of the commission shall direct a civil penaltyimposed and collected under section 6(b)(4) of this chapter asfollows:
        (1) A civil penalty imposed for an offense that directly affectsretail customers must be refunded directly to the customers ofthe provider or certificate holder in the form of credits oncustomer bills.
        (2) A civil penalty imposed for an offense not described insubdivision (1) must be deposited into an account designated bythe Indiana economic development corporation for use by thecorporation in making loans or grants to broadband developersand operators under the Indiana broadband developmentprogram established by IC 8-1-33-15.
As added by P.L.27-2006, SEC.53. Amended by P.L.162-2007,SEC.29.