IC 8-1-32.5
    Chapter 32.5. Certificates of Territorial Authority forCommunications Service Providers

IC 8-1-32.5-1
Application of chapter
    Sec. 1. This chapter applies to a communications service providerthat seeks to offer communications service to Indiana customers afterJune 30, 2009.
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-2
"Commission"
    Sec. 2. 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.55.

IC 8-1-32.5-3
"Communications service"
    Sec. 3. (a) As used in this chapter, "communications service"refers to any of the following:
        (1) Telecommunications service (as defined in 47 U.S.C.153(46)).
        (2) Information service (as defined in 47 U.S.C. 153(20)).
    (b) The term includes:
        (1) video service (as defined in IC 8-1-34-14);
        (2) broadband service;
        (3) advanced services (as defined in 47 CFR 51.5); and
        (4) Internet Protocol enabled services;
however classified by the Federal Communications Commission.
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-4
"Communications service provider"
    Sec. 4. As used in this chapter, "communications serviceprovider" means a person or an entity that offers communicationsservice to customers in Indiana, without regard to the technology ormedium used by the person or entity to provide the communicationsservice. The term includes a provider of commercial mobile service(as defined in 47 U.S.C. 332).
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-5
"Facilities based local exchange carrier"
    Sec. 5. As used in this chapter, "facilities based local exchangecarrier" means a local exchange carrier (as defined in 47 U.S.C.153(26)) that provides telephone exchange service (as defined in 47U.S.C. 153(47)) or exchange access (as defined in 47 U.S.C.153(16)):
        (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.55.

IC 8-1-32.5-6
Certificate of territorial authority; application; requireddocuments; certificates issued before July 1, 2009; confidentialinformation
    Sec. 6. (a) Except as provided in subsection (c), before acommunications service provider may offer communications serviceto customers in Indiana, the communications service provider mustapply to the commission for a certificate of territorial authority. Acommunications service provider that seeks a certificate under thischapter shall submit an application on a form prescribed by thecommission. The form prescribed by the commission must requirethe communications service provider to report the followinginformation:
        (1) The provider's legal name and any name under which theprovider does or will do business in Indiana, as authorized bythe secretary of state.
        (2) The provider's address and telephone number, along withcontact information for the person responsible for ongoingcommunications with the commission.
        (3) The legal name, address, and telephone number of theprovider's parent company, if any.
        (4) A description of each service area in Indiana in which theprovider proposes to offer communications service.
        (5) For each service area identified under subdivision (4), adescription of each type of communications service that theprovider proposes to offer in the service area.
        (6) For each communications service identified undersubdivision (5), whether the communications service will beoffered to residential customers or business customers, or both.
        (7) The expected date of deployment for each communicationsservice identified under subdivision (5) in each service areaidentified in subdivision (4).
        (8) A list of other states in which the provider offerscommunications service, including the type of communicationsservice offered.
        (9) Any other information the commission considers necessaryto:
            (A) monitor the type and availability of communicationsservice provided to Indiana customers; and
            (B) prepare the commission's annual report to the regulatoryflexibility committee under IC 8-1-2.6-4.
The commission may charge a fee for filing an application under thissection. Any fee charged by the commission under this subsectionmay not exceed the commission's actual costs to process and reviewthe application under section 8 of this chapter.    (b) A communications service provider shall also submit, alongwith the application required by subsection (a), the followingdocuments:
        (1) A certification from the secretary of state authorizing theprovider to do business in Indiana.
        (2) Information demonstrating the provider's financial,managerial, and technical ability to provide eachcommunications service identified in the provider's applicationunder subsection (a)(5) in each service area identified undersubsection (a)(4).
        (3) A statement, signed under penalty of perjury by an officeror another person authorized to bind the provider, that affirmsthe following:
            (A) That the provider has filed or will timely file with theFederal Communications Commission all forms required bythe Federal Communications Commission before offeringcommunications service in Indiana.
            (B) That the provider agrees to comply with any customernotification requirements imposed by the commission undersection 11(b) of this chapter.
            (C) That the provider agrees to update the informationprovided in the application submitted under subsection (a)on a regular basis, as may be required by the commissionunder section 12 of this chapter.
            (D) That the provider agrees to notify the commission whenthe provider commences offering communications service ineach service area identified in the provider's applicationunder subsection (a)(4).
            (E) That the provider agrees to pay any lawful rate or chargefor switched and special access services, as required underany:
                (i) applicable interconnection agreement; or
                (ii) lawful tariff or order approved or issued by aregulatory body having jurisdiction.
            (F) That the provider agrees to report, at the times requiredby the commission, any information required by thecommission under IC 8-1-2.6-13(d)(9).
    (c) If:
        (1) a communications service provider has been issued a:
            (A) certificate of territorial authority; or
            (B) certificate of public convenience and necessity;
        by the commission before July 1, 2009; and
        (2) the certificate described in subdivision (1) is in effect onJuly 1, 2009;
the communications service provider is not required to submit anapplication under this section for as long as the certificate describedin subdivision (1) remains in effect. For purposes of this subsection,if a corporation organized under IC 8-1-13 (or a corporationorganized under IC 23-17-1 that is an electric cooperative and thathas at least one (1) member that is a corporation organized under

IC 8-1-13) holds a certificate of public convenience and necessityissued by the commission before, on, or after July 1, 2009, thatcertificate may serve as the certificate required under this chapterwith respect to any communications service offered by thecorporation, subject to the commission's right to require thecorporation to provide any information that an applicant is otherwiserequired to submit under subsection (a) or that a holder is required toreport under IC 8-1-2.6-13(d)(9).
    (d) This section does not empower the commission to require anapplicant for a certificate under this chapter to disclose confidentialand proprietary business plans and other confidential informationwithout adequate protection of the information. The commissionshall exercise all necessary caution to avoid disclosure ofconfidential information supplied under this subsection.
As added by P.L.27-2006, SEC.55. Amended by P.L.1-2007, SEC.75.

IC 8-1-32.5-7
Duplicate copies of application and documents
    Sec. 7. A communications service provider shall submit duplicatecopies of the application and documents required by section 6 of thischapter to the commission. The commission shall prescribe thenumber of copies to be submitted by a communications serviceprovider under this section.
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-8
Commission's review of application and documents; issuance ofcertificate; request for additional information
    Sec. 8. Not later than thirty (30) days after receiving theapplication and documents required by section 6 of this chapter, thecommission shall review the application and documents for accuracyand completeness. If the commission determines that the applicationand documents are accurate, complete, and properly verified, thecommission shall issue a certificate of territorial authorityrecognizing the communications service provider's authority toprovide each communications service identified in the application.If the commission determines that the application and documents areinaccurate or incomplete, or are not properly verified, thecommission shall return the application and documents to theprovider with a brief statement of any additional informationrequired. Not later than thirty (30) days after receipt of the requestfor additional information, the provider may:
        (1) provide the information requested;
        (2) appeal the decision of the commission under IC 8-1-3; or
        (3) decide to file another application at a later date, withoutprejudice.
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-9
Request for hearing; limited issues; representation by counsel not

required
    Sec. 9. (a) A hearing is not required in connection with theissuance of a certificate under this chapter. However, the commissionshall conduct a hearing, subject to the requirements for hearingsunder IC 8-1-2 for public utilities, upon the request of any of thefollowing:
        (1) The communications service provider submitting theapplication.
        (2) Any facilities based local exchange carrier offering servicein a service area identified in the provider's application undersection 6(a)(4) of this chapter.
        (3) The office of utility consumer counselor created byIC 8-1-1.1-2.
        (4) The commission, on its own motion.
    (b) A hearing conducted under this section shall be limited toconsideration of one (1) or more of the following issues:
        (1) Whether the application and documents submitted undersection 6 of this chapter are accurate, complete, and properlyverified.
        (2) The communications service provider's financial,managerial, and technical ability to provide the communicationsservice for which it seeks a certificate under this chapter.
    (c) The commission may not require a:
        (1) communications service provider; or
        (2) facilities based local exchange carrier offering service in aservice area identified in the provider's application undersection 6(a)(4) of this chapter;
to be represented by counsel at a hearing under this section.
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-10
Sale, assignment, lease, or transfer of certificate; encumbrance ofcertificate
    Sec. 10. Subject to any notice requirements adopted by thecommission under section 12 of this chapter, a certificate issuedunder this chapter may be:
        (1) sold, assigned, leased, or transferred by the holder to anycommunications service provider to which a certificate ofterritorial authority may be lawfully issued under this chapter;or
        (2) included in the property and rights encumbered under anyindenture of mortgage or deed of trust of the holder.
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-11
Tariff not required; customer notification requirements
    Sec. 11. (a) The commission may not require a communicationsservice provider to file a tariff in connection with, or as a conditionof receiving, a certificate of territorial authority under this chapter.
    (b) This subsection does not apply to a provider of commercial

mobile service (as defined in 47 U.S.C. 332). The commission mayrequire, in connection with the issuance of a certificate under thischapter, the communications service provider to provide advancenotice to the provider's Indiana customers if the provider will do anyof the following:
        (1) Increase the rates and charges for any communicationsservice that the provider offers in any of the provider's serviceareas in Indiana.
        (2) Offer new communications service in any of the provider'sservice areas in Indiana.
        (3) Cease to offer any communications service that the provideroffers in any of the provider's service areas in Indiana.
The commission shall prescribe any customer notificationrequirements under this subsection in a rule of general applicationadopted under IC 4-22-2.
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-12
Notice of change
    Sec. 12. In connection with, or as a condition of receiving, acertificate of territorial authority under this chapter, the commissionmay require a communications service provider to notify thecommission, after the issuance of a certificate, of any of thefollowing changes involving the provider or the certificate issued:
        (1) Any transaction involving a change in the ownership,operation, control, or corporate organization of the provider,including a merger, acquisition, or reorganization.
        (2) A change in the provider's legal name or the adoption of, orchange to, an assumed business name. The provider shallsubmit to the commission a certified copy of the:
            (A) amended certificate of authority; or
            (B) certificate of assumed business name;
        issued by the secretary of state to reflect the change.
        (3) A change in the provider's principal business address or inthe name of the person authorized to receive notice on behalf ofthe provider.
        (4) Any sale, assignment, lease, or transfer of the certificate toanother communications service provider, as allowed by section10 of this chapter. The provider shall identify the othercommunications service provider to which the sale, assignment,lease, or transfer is made.
        (5) The relinquishment of any certificate issued under thischapter. The provider shall identify:
            (A) any other certificate of territorial authority issued underthis chapter that will be retained by the provider;
            (B) the number of Indiana customers in the service areacovered by the certificate being relinquished; and
            (C) the method by which the provider's customers were orwill be notified of the relinquishment, if required in a ruleadopted by the commission under section 11(b) of this

chapter.
        (6) This subdivision does not apply to a provider of commercialmobile service (as defined in 47 U.S.C. 332). A change in thecommunications service provided in one (1) or more of theservice areas identified in the provider's application undersection 6(a)(4) of this chapter. However, if new services will beprovided in one (1) or more of the service areas, thecommission may require the provider to submit a newapplication under section 6 of this chapter with respect to thoseservices.
        (7) A change in one (1) or more of the service areas identifiedin the provider's application under section 6(a)(4) of thischapter that would increase or decrease the territory within theservice area.
The commission shall prescribe the time in which a provider mustreport changes under this section. The commission may prescribe aform for the reporting of changes under this section.
As added by P.L.27-2006, SEC.55. Amended by P.L.1-2007, SEC.76.

IC 8-1-32.5-13
Record of certificates issued; public access
    Sec. 13. The commission shall maintain a record of all certificatesof territorial authority issued under this chapter. The record mustinclude all application forms, notices of change under section 12 ofthis chapter, and other documents filed with the commission underthis chapter. The record must be made available:
        (1) for public inspection and copying in the office of thecommission during regular business hours under IC 5-14-3; and
        (2) electronically through the computer gateway administeredby the office of technology established by IC 4-13.1-2-1;
to the extent the information in the record is not exempt from publicdisclosure under IC 5-14-3-4(a).
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-14
Exemption from local franchises and fees
    Sec. 14. A communications service provider that holds acertificate issued under this chapter is exempt from local franchisesand related fees to the same extent as a communications serviceprovider that holds a certificate of territorial authority or anindeterminate permit issued under IC 8-1-2 before July 1, 2009.
As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-15
Commission's authority to adopt rules
    Sec. 15. The commission may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.27-2006, SEC.55.