CHAPTER 32.4. TELECOMMUNICATIONS PROVIDERS OF LAST RESORT
IC 8-1-32.4
Chapter 32.4. Telecommunications Providers of Last Resort
IC 8-1-32.4-1
Application of definitions
Sec. 1. Except as otherwise provided, the definitions in IC 8-1-2.6apply throughout this chapter.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-2
"Approved alternative technology"
Sec. 2. As used in this chapter, "approved alternative technology"refers to any technology that:
(1) offers service and functionality comparable to that providedthrough an exiting provider's facilities, as determined by thecommission;
(2) may include a technology that does not require the use ofany public right-of-way; and
(3) is approved by the commission for deployment in aparticular service area.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-3
"Basic telecommunications service"
Sec. 3. As used in this chapter, "basic telecommunicationsservice" has the meaning set forth in IC 8-1-2.6-0.1.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-4
"Exiting provider"
Sec. 4. As used in this chapter, "exiting provider" means aprovider that:
(1) holds a certificate of territorial authority issued by thecommission;
(2) is the predominant local exchange carrier in a definedgeographic area and provides telecommunications service usingthe provider's own facilities; and
(3) ceases operation in all or part of the service area covered bythe certificate of territorial authority.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-5
"Facilities based local exchange carrier"
Sec. 5. As used in this chapter, "facilities based local exchangecarrier" means a local exchange carrier that provides local exchangeservice:
(1) exclusively over facilities owned or leased by the carrier; or
(2) predominantly over facilities owned or leased by the carrier,in combination with the resale of the telecommunicationsservice (as defined in 47 U.S.C. 153(46)) of another carrier.As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-6
"Incumbent local exchange carrier"
Sec. 6. 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.54.
IC 8-1-32.4-7
"Local exchange carrier"
Sec. 7. As used in this chapter, "local exchange carrier" has themeaning set forth in 47 U.S.C. 153(26).
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-8
"Local exchange service"
Sec. 8. As used in this chapter, "local exchange service" meansthe provision of telephone exchange service (as defined in 47 U.S.C.153(47)) or exchange access (as defined in 47 U.S.C. 153(16)).
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-9
"Provider of last resort"
Sec. 9. As used in this chapter, "provider of last resort" means aprovider that:
(1) holds a certificate of territorial authority issued by thecommission; and
(2) is required to offer local exchange service throughout adefined geographic area.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-10
"Successor provider"
Sec. 10. As used in this chapter, "successor provider" means aprovider that:
(1) holds a certificate of territorial authority issued by thecommission; and
(2) is, or is designated to become, the provider of last resort fora defined geographic area previously served by an exitingprovider.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-11
Obligations of incumbent local exchange carrier as provider of lastresort; satisfaction of obligations using any available technology
Sec. 11. Except as provided in:
(1) IC 8-1-32.6-8;
(2) section 13 of this chapter; or
(3) section 16 of this chapter;
an incumbent local exchange carrier has the obligations of the
provider of last resort. An incumbent local exchange carrier maymeet the carrier's obligations under this section using any availabletechnology.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-12
Exiting provider; advance notice required; liability for chargesowed to other providers
Sec. 12. (a) This section applies to a provider that holds acertificate of territorial authority to provide local exchange servicein Indiana. If a provider:
(1) decides to cease serving all or part of the provider's definedservice area; or
(2) plans to file for bankruptcy;
the provider shall provide at least sixty (60) days advance notice tothe commission and each affected customer and wholesale provider.
(b) A notice described in subsection (a) must:
(1) be submitted in the form and manner prescribed by thecommission; and
(2) include at least one (1) toll free customer service telephonenumber maintained by the provider to facilitate the continuationof service and the transition of customers to other providers.
(c) The exiting provider is liable for all charges owed to otherproviders and is responsible for any provider change charges.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-13
Relief from provider of last resort obligations; installation offacilities by another provider
Sec. 13. (a) If the holder of a certificate of territorial authority toprovide local exchange service installs facilities to providetelecommunications service, including local exchange service, in adefined geographic area and:
(1) the holder is not the designated provider of last resort for thearea; and
(2) the designated provider of last resort for the area has notinstalled facilities to serve customers in the area;
the designated provider of last resort may petition the commissionfor an order relieving the designated provider of its obligations as theprovider of last resort in the area.
(b) The commission shall relieve the petitioning provider from itsobligations as the provider of last resort for the area described insubsection (a) and shall designate the holder making the installationunder subsection (a) as the provider of last resort for the area if thecommission determines that:
(1) the petitioning provider does not have facilities in place toprovide local exchange service to all customers in the area; and
(2) the holder making the installation under subsection (a) hasinstalled facilities adequate to provide local exchange servicethroughout the area.The commission shall make the determinations required by thissubsection not later than sixty (60) days after the date the petition isfiled with the commission under subsection (a).
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-14
Notice of exiting provider; commission's appointment of successorprovider; temporary exemption from certain requirements; stateuniversal service fund support; transfer of customers
Sec. 14. (a) Except as provided in IC 8-1-32.6-8 or section 16 ofthis chapter, if:
(1) the commission receives notice of an exiting provider'sdecision to cease operation in all or part of the service areacovered by the provider's certificate of territorial authority; and
(2) there is not another provider that:
(A) holds a certificate of territorial authority in the area; and
(B) has facilities sufficient to provide basictelecommunications service in the area;
the commission shall conduct a formal proceeding to determine thesuccessor provider for the area.
(b) After determining the successor provider for the affected areaunder subsection (a), the commission shall, if applicable, allow thefollowing with respect to the successor provider:
(1) A reasonable time, determined by the commission and inaccordance with industry practices, in which to:
(A) modify, construct, or obtain the facilities; or
(B) deploy an approved alternative technology;
necessary to serve the customers of the exiting provider.
(2) A temporary exemption from any lawful obligation tounbundle the successor provider's network elements. Theexemption under this subdivision shall continue for a perioddetermined by the commission to be reasonably necessary toallow the successor provider to:
(A) modify, construct, or obtain the facilities; or
(B) deploy an alternative technology;
that will allow the successor provider to serve the customers ofthe exiting provider.
(3) A temporary exemption from any lawful obligation toprovide telecommunications service for resale within theaffected area. The exemption under this subdivision shallcontinue for a period determined by the commission to bereasonably necessary to allow the successor provider to:
(A) modify, construct, or obtain the facilities; or
(B) deploy an alternative technology;
that will allow the successor provider to serve the customers ofthe exiting provider.
(c) The successor provider is entitled to obtain funding from astate universal service fund to support the provider's assumption ofobligations as the provider of last resort for the area. This sectiondoes not prohibit a provider from voluntarily: (1) serving customers in the affected area; or
(2) purchasing the facilities of the exiting provider.
(d) A customer within the defined geographic area to be served bythe successor provider is considered to have applied for basictelecommunications service from the successor provider on theeffective date of the commission's designation of the successorprovider. Each right, privilege, and obligation applicable tocustomers of the successor provider applies to a customer transferredto the successor provider under this section. A customer transferredto the successor provider under this section is subject to thesuccessor provider's terms of service as specified in an applicabletariff or contract. This section does not prohibit a customer fromseeking, at any time, service from a provider other than the successorprovider.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-15
Provider's cessation of local exchange service or abandonment offacilities; commission's declaration of emergency; designation ofsuccessor provider
Sec. 15. (a) The commission may, on its own motion or on thepetition of an interested party, institute an expedited proceedingunder this section if the commission determines that:
(1) a facilities based local exchange carrier has a certificate ofterritorial authority to provide local exchange service in adefined geographic area;
(2) there is not another provider that:
(A) holds a certificate of territorial authority in the area; and
(B) has facilities sufficient to provide local exchange servicein the area; and
(3) the facilities based local exchange carrier has:
(A) ceased providing local exchange service to thecustomers in the area; or
(B) abandoned the operation of the carrier's facilities in thearea that are used to provide local exchange service.
(b) In a proceeding under this section, the commission maydeclare in accordance with IC 8-1-2-113 that an emergency existsand issue any order necessary to protect the health, safety, andwelfare of affected customers and to expedite the restoration orcontinuation of local exchange service to the affected customers. Anorder issued under this subsection may:
(1) provide for the temporary operation of the facilities basedlocal exchange carrier's facilities by any provider, including aprovider that has not been issued a certificate of territorialauthority by the commission;
(2) authorize one (1) or more third parties to enter the premisesof any abandoned facilities; or
(3) grant temporary waivers from quality of servicerequirements for any provider:
(A) providing service under subdivision (1); or (B) designated as a successor provider by the commissionunder subsection (c).
(c) Except as provided in IC 8-1-32.6-8 or section 16 of thischapter, the commission may act under section 14 of this chapter todesignate a successor provider in any proceeding under this section.
As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-16
Exclusive service arrangements; relief from provider of last resortobligations
Sec. 16. (a) If a provider, other than the incumbent local exchangecarrier, operates under an arrangement by which the provider is theexclusive provider of basic telecommunications service in aparticular geographic area, building, or group of residences andbusinesses, the incumbent local exchange carrier is relieved of anyprovider of last resort obligations that the incumbent local exchangecarrier would ordinarily have with respect to the particulargeographic area, building, or group of residences and businesses.
(b) If:
(1) a provider with an exclusive service arrangement describedin subsection (a) decides to cease operations in all or part of theparticular geographic area, building, or group of residences andbusinesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customersof the exiting provider; and
(B) elects to purchase the facilities of the exiting provider;
the incumbent local exchange carrier has twelve (12) months to makeany modifications necessary to the purchased facilities to allow theincumbent local exchange carrier to serve the affected customers ofthe exiting provider. The incumbent local exchange carrier mayapply to the commission for an extension of the period allowed underthis subsection, and the commission shall grant the extension upongood cause shown by the incumbent local exchange carrier.
(c) If:
(1) a provider with an exclusive service arrangement describedin subsection (a) decides to cease operations in all or part of theparticular geographic area, building, or group of residences andbusinesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customersof the exiting provider; and
(B) elects not to purchase the facilities of the exitingprovider;
the incumbent local exchange carrier has twelve (12) months todeploy an approved alternative technology necessary to allow theincumbent local exchange carrier to serve the affected customers ofthe exiting provider. The incumbent local exchange carrier mayapply to the commission for an extension of the period allowed underthis subsection, and the commission shall grant the extension upon
good cause shown by the incumbent local exchange carrier.
As added by P.L.27-2006, SEC.54. Amended by P.L.1-2007, SEC.74.