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 8-1-2.6
apply 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 provided
through an exiting provider's facilities, as determined by the
commission;
(2) may include a technology that does not require the use of
any public right-of-way; and
(3) is approved by the commission for deployment in a
particular 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 telecommunications
service" 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission;
(2) is the predominant local exchange carrier in a defined
geographic area and provides telecommunications service using
the provider's own facilities; and
(3) ceases operation in all or part of the service area covered by
the 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 exchange
carrier" means a local exchange carrier that provides local exchange
service:
(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 telecommunications
service (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 exchange
carrier" 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 the
meaning 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" means
the 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission; and
(2) is required to offer local exchange service throughout a
defined 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission; and
(2) is, or is designated to become, the provider of last resort for
a defined geographic area previously served by an exiting
provider. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-11 Obligations of incumbent local exchange carrier as provider of last
resort; 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 may
meet the carrier's obligations under this section using any available
technology. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-12 Exiting provider; advance notice required; liability for charges
owed to other providers
Sec. 12. (a) This section applies to a provider that holds a
certificate of territorial authority to provide local exchange service
in Indiana. If a provider:
(1) decides to cease serving all or part of the provider's defined
service area; or
(2) plans to file for bankruptcy;
the provider shall provide at least sixty (60) days advance notice to
the 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 the
commission; and
(2) include at least one (1) toll free customer service telephone
number maintained by the provider to facilitate the continuation
of service and the transition of customers to other providers.
(c) The exiting provider is liable for all charges owed to other
providers 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 of
facilities by another provider
Sec. 13. (a) If the holder of a certificate of territorial authority to
provide local exchange service installs facilities to provide
telecommunications service, including local exchange service, in a
defined geographic area and:
(1) the holder is not the designated provider of last resort for the
area; and
(2) the designated provider of last resort for the area has not
installed facilities to serve customers in the area;
the designated provider of last resort may petition the commission
for an order relieving the designated provider of its obligations as the
provider of last resort in the area.
(b) The commission shall relieve the petitioning provider from its
obligations as the provider of last resort for the area described in
subsection (a) and shall designate the holder making the installation
under subsection (a) as the provider of last resort for the area if the
commission determines that:
(1) the petitioning provider does not have facilities in place to
provide local exchange service to all customers in the area; and
(2) the holder making the installation under subsection (a) has
installed facilities adequate to provide local exchange service
throughout the area.
The commission shall make the determinations required by this
subsection not later than sixty (60) days after the date the petition is
filed 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 successor
provider; temporary exemption from certain requirements; state
universal service fund support; transfer of customers
Sec. 14. (a) Except as provided in IC 8-1-32.6-8 or section 16 of
this chapter, if:
(1) the commission receives notice of an exiting provider's
decision to cease operation in all or part of the service area
covered 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 basic
telecommunications service in the area;
the commission shall conduct a formal proceeding to determine the
successor provider for the area.
(b) After determining the successor provider for the affected area
under subsection (a), the commission shall, if applicable, allow the
following with respect to the successor provider:
(1) A reasonable time, determined by the commission and in
accordance 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 to
unbundle the successor provider's network elements. The
exemption under this subdivision shall continue for a period
determined by the commission to be reasonably 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 of
the exiting provider.
(3) A temporary exemption from any lawful obligation to
provide telecommunications service for resale within the
affected area. The exemption under this subdivision shall
continue for a period determined by the commission to be
reasonably 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 of
the exiting provider.
(c) The successor provider is entitled to obtain funding from a
state universal service fund to support the provider's assumption of
obligations as the provider of last resort for the area. This section
does 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 by
the successor provider is considered to have applied for basic
telecommunications service from the successor provider on the
effective date of the commission's designation of the successor
provider. Each right, privilege, and obligation applicable to
customers of the successor provider applies to a customer transferred
to the successor provider under this section. A customer transferred
to the successor provider under this section is subject to the
successor provider's terms of service as specified in an applicable
tariff or contract. This section does not prohibit a customer from
seeking, at any time, service from a provider other than the successor
provider. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-15 Provider's cessation of local exchange service or abandonment of
facilities; commission's declaration of emergency; designation of
successor provider
Sec. 15. (a) The commission may, on its own motion or on the
petition of an interested party, institute an expedited proceeding
under this section if the commission determines that:
(1) a facilities based local exchange carrier has a certificate of
territorial authority to provide local exchange service in a
defined 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 service
in the area; and
(3) the facilities based local exchange carrier has:
(A) ceased providing local exchange service to the
customers in the area; or
(B) abandoned the operation of the carrier's facilities in the
area that are used to provide local exchange service.
(b) In a proceeding under this section, the commission may
declare in accordance with IC 8-1-2-113 that an emergency exists
and issue any order necessary to protect the health, safety, and
welfare of affected customers and to expedite the restoration or
continuation of local exchange service to the affected customers. An
order issued under this subsection may:
(1) provide for the temporary operation of the facilities based
local exchange carrier's facilities by any provider, including a
provider that has not been issued a certificate of territorial
authority by the commission;
(2) authorize one (1) or more third parties to enter the premises
of any abandoned facilities; or
(3) grant temporary waivers from quality of service
requirements for any provider:
(A) providing service under subdivision (1); or
(B) designated as a successor provider by the commission
under subsection (c).
(c) Except as provided in IC 8-1-32.6-8 or section 16 of this
chapter, the commission may act under section 14 of this chapter to
designate 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 resort
obligations
Sec. 16. (a) If a provider, other than the incumbent local exchange
carrier, operates under an arrangement by which the provider is the
exclusive provider of basic telecommunications service in a
particular geographic area, building, or group of residences and
businesses, the incumbent local exchange carrier is relieved of any
provider of last resort obligations that the incumbent local exchange
carrier would ordinarily have with respect to the particular
geographic area, building, or group of residences and businesses.
(b) If:
(1) a provider with an exclusive service arrangement described
in subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
businesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers
of the exiting provider; and
(B) elects to purchase the facilities of the exiting provider;
the incumbent local exchange carrier has twelve (12) months to make
any modifications necessary to the purchased facilities to allow the
incumbent local exchange carrier to serve the affected customers of
the exiting provider. The incumbent local exchange carrier may
apply to the commission for an extension of the period allowed under
this subsection, and the commission shall grant the extension upon
good cause shown by the incumbent local exchange carrier.
(c) If:
(1) a provider with an exclusive service arrangement described
in subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
businesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers
of the exiting provider; and
(B) elects not to purchase the facilities of the exiting
provider;
the incumbent local exchange carrier has twelve (12) months to
deploy an approved alternative technology necessary to allow the
incumbent local exchange carrier to serve the affected customers of
the exiting provider. The incumbent local exchange carrier may
apply to the commission for an extension of the period allowed under
this 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.
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 8-1-2.6
apply 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 provided
through an exiting provider's facilities, as determined by the
commission;
(2) may include a technology that does not require the use of
any public right-of-way; and
(3) is approved by the commission for deployment in a
particular 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 telecommunications
service" 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission;
(2) is the predominant local exchange carrier in a defined
geographic area and provides telecommunications service using
the provider's own facilities; and
(3) ceases operation in all or part of the service area covered by
the 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 exchange
carrier" means a local exchange carrier that provides local exchange
service:
(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 telecommunications
service (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 exchange
carrier" 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 the
meaning 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" means
the 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission; and
(2) is required to offer local exchange service throughout a
defined 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission; and
(2) is, or is designated to become, the provider of last resort for
a defined geographic area previously served by an exiting
provider. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-11 Obligations of incumbent local exchange carrier as provider of last
resort; 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 may
meet the carrier's obligations under this section using any available
technology. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-12 Exiting provider; advance notice required; liability for charges
owed to other providers
Sec. 12. (a) This section applies to a provider that holds a
certificate of territorial authority to provide local exchange service
in Indiana. If a provider:
(1) decides to cease serving all or part of the provider's defined
service area; or
(2) plans to file for bankruptcy;
the provider shall provide at least sixty (60) days advance notice to
the 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 the
commission; and
(2) include at least one (1) toll free customer service telephone
number maintained by the provider to facilitate the continuation
of service and the transition of customers to other providers.
(c) The exiting provider is liable for all charges owed to other
providers 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 of
facilities by another provider
Sec. 13. (a) If the holder of a certificate of territorial authority to
provide local exchange service installs facilities to provide
telecommunications service, including local exchange service, in a
defined geographic area and:
(1) the holder is not the designated provider of last resort for the
area; and
(2) the designated provider of last resort for the area has not
installed facilities to serve customers in the area;
the designated provider of last resort may petition the commission
for an order relieving the designated provider of its obligations as the
provider of last resort in the area.
(b) The commission shall relieve the petitioning provider from its
obligations as the provider of last resort for the area described in
subsection (a) and shall designate the holder making the installation
under subsection (a) as the provider of last resort for the area if the
commission determines that:
(1) the petitioning provider does not have facilities in place to
provide local exchange service to all customers in the area; and
(2) the holder making the installation under subsection (a) has
installed facilities adequate to provide local exchange service
throughout the area.
The commission shall make the determinations required by this
subsection not later than sixty (60) days after the date the petition is
filed 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 successor
provider; temporary exemption from certain requirements; state
universal service fund support; transfer of customers
Sec. 14. (a) Except as provided in IC 8-1-32.6-8 or section 16 of
this chapter, if:
(1) the commission receives notice of an exiting provider's
decision to cease operation in all or part of the service area
covered 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 basic
telecommunications service in the area;
the commission shall conduct a formal proceeding to determine the
successor provider for the area.
(b) After determining the successor provider for the affected area
under subsection (a), the commission shall, if applicable, allow the
following with respect to the successor provider:
(1) A reasonable time, determined by the commission and in
accordance 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 to
unbundle the successor provider's network elements. The
exemption under this subdivision shall continue for a period
determined by the commission to be reasonably 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 of
the exiting provider.
(3) A temporary exemption from any lawful obligation to
provide telecommunications service for resale within the
affected area. The exemption under this subdivision shall
continue for a period determined by the commission to be
reasonably 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 of
the exiting provider.
(c) The successor provider is entitled to obtain funding from a
state universal service fund to support the provider's assumption of
obligations as the provider of last resort for the area. This section
does 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 by
the successor provider is considered to have applied for basic
telecommunications service from the successor provider on the
effective date of the commission's designation of the successor
provider. Each right, privilege, and obligation applicable to
customers of the successor provider applies to a customer transferred
to the successor provider under this section. A customer transferred
to the successor provider under this section is subject to the
successor provider's terms of service as specified in an applicable
tariff or contract. This section does not prohibit a customer from
seeking, at any time, service from a provider other than the successor
provider. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-15 Provider's cessation of local exchange service or abandonment of
facilities; commission's declaration of emergency; designation of
successor provider
Sec. 15. (a) The commission may, on its own motion or on the
petition of an interested party, institute an expedited proceeding
under this section if the commission determines that:
(1) a facilities based local exchange carrier has a certificate of
territorial authority to provide local exchange service in a
defined 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 service
in the area; and
(3) the facilities based local exchange carrier has:
(A) ceased providing local exchange service to the
customers in the area; or
(B) abandoned the operation of the carrier's facilities in the
area that are used to provide local exchange service.
(b) In a proceeding under this section, the commission may
declare in accordance with IC 8-1-2-113 that an emergency exists
and issue any order necessary to protect the health, safety, and
welfare of affected customers and to expedite the restoration or
continuation of local exchange service to the affected customers. An
order issued under this subsection may:
(1) provide for the temporary operation of the facilities based
local exchange carrier's facilities by any provider, including a
provider that has not been issued a certificate of territorial
authority by the commission;
(2) authorize one (1) or more third parties to enter the premises
of any abandoned facilities; or
(3) grant temporary waivers from quality of service
requirements for any provider:
(A) providing service under subdivision (1); or
(B) designated as a successor provider by the commission
under subsection (c).
(c) Except as provided in IC 8-1-32.6-8 or section 16 of this
chapter, the commission may act under section 14 of this chapter to
designate 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 resort
obligations
Sec. 16. (a) If a provider, other than the incumbent local exchange
carrier, operates under an arrangement by which the provider is the
exclusive provider of basic telecommunications service in a
particular geographic area, building, or group of residences and
businesses, the incumbent local exchange carrier is relieved of any
provider of last resort obligations that the incumbent local exchange
carrier would ordinarily have with respect to the particular
geographic area, building, or group of residences and businesses.
(b) If:
(1) a provider with an exclusive service arrangement described
in subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
businesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers
of the exiting provider; and
(B) elects to purchase the facilities of the exiting provider;
the incumbent local exchange carrier has twelve (12) months to make
any modifications necessary to the purchased facilities to allow the
incumbent local exchange carrier to serve the affected customers of
the exiting provider. The incumbent local exchange carrier may
apply to the commission for an extension of the period allowed under
this subsection, and the commission shall grant the extension upon
good cause shown by the incumbent local exchange carrier.
(c) If:
(1) a provider with an exclusive service arrangement described
in subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
businesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers
of the exiting provider; and
(B) elects not to purchase the facilities of the exiting
provider;
the incumbent local exchange carrier has twelve (12) months to
deploy an approved alternative technology necessary to allow the
incumbent local exchange carrier to serve the affected customers of
the exiting provider. The incumbent local exchange carrier may
apply to the commission for an extension of the period allowed under
this 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.
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 8-1-2.6
apply 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 provided
through an exiting provider's facilities, as determined by the
commission;
(2) may include a technology that does not require the use of
any public right-of-way; and
(3) is approved by the commission for deployment in a
particular 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 telecommunications
service" 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission;
(2) is the predominant local exchange carrier in a defined
geographic area and provides telecommunications service using
the provider's own facilities; and
(3) ceases operation in all or part of the service area covered by
the 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 exchange
carrier" means a local exchange carrier that provides local exchange
service:
(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 telecommunications
service (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 exchange
carrier" 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 the
meaning 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" means
the 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission; and
(2) is required to offer local exchange service throughout a
defined 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 a
provider that:
(1) holds a certificate of territorial authority issued by the
commission; and
(2) is, or is designated to become, the provider of last resort for
a defined geographic area previously served by an exiting
provider. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-11 Obligations of incumbent local exchange carrier as provider of last
resort; 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 may
meet the carrier's obligations under this section using any available
technology. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-12 Exiting provider; advance notice required; liability for charges
owed to other providers
Sec. 12. (a) This section applies to a provider that holds a
certificate of territorial authority to provide local exchange service
in Indiana. If a provider:
(1) decides to cease serving all or part of the provider's defined
service area; or
(2) plans to file for bankruptcy;
the provider shall provide at least sixty (60) days advance notice to
the 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 the
commission; and
(2) include at least one (1) toll free customer service telephone
number maintained by the provider to facilitate the continuation
of service and the transition of customers to other providers.
(c) The exiting provider is liable for all charges owed to other
providers 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 of
facilities by another provider
Sec. 13. (a) If the holder of a certificate of territorial authority to
provide local exchange service installs facilities to provide
telecommunications service, including local exchange service, in a
defined geographic area and:
(1) the holder is not the designated provider of last resort for the
area; and
(2) the designated provider of last resort for the area has not
installed facilities to serve customers in the area;
the designated provider of last resort may petition the commission
for an order relieving the designated provider of its obligations as the
provider of last resort in the area.
(b) The commission shall relieve the petitioning provider from its
obligations as the provider of last resort for the area described in
subsection (a) and shall designate the holder making the installation
under subsection (a) as the provider of last resort for the area if the
commission determines that:
(1) the petitioning provider does not have facilities in place to
provide local exchange service to all customers in the area; and
(2) the holder making the installation under subsection (a) has
installed facilities adequate to provide local exchange service
throughout the area.
The commission shall make the determinations required by this
subsection not later than sixty (60) days after the date the petition is
filed 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 successor
provider; temporary exemption from certain requirements; state
universal service fund support; transfer of customers
Sec. 14. (a) Except as provided in IC 8-1-32.6-8 or section 16 of
this chapter, if:
(1) the commission receives notice of an exiting provider's
decision to cease operation in all or part of the service area
covered 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 basic
telecommunications service in the area;
the commission shall conduct a formal proceeding to determine the
successor provider for the area.
(b) After determining the successor provider for the affected area
under subsection (a), the commission shall, if applicable, allow the
following with respect to the successor provider:
(1) A reasonable time, determined by the commission and in
accordance 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 to
unbundle the successor provider's network elements. The
exemption under this subdivision shall continue for a period
determined by the commission to be reasonably 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 of
the exiting provider.
(3) A temporary exemption from any lawful obligation to
provide telecommunications service for resale within the
affected area. The exemption under this subdivision shall
continue for a period determined by the commission to be
reasonably 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 of
the exiting provider.
(c) The successor provider is entitled to obtain funding from a
state universal service fund to support the provider's assumption of
obligations as the provider of last resort for the area. This section
does 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 by
the successor provider is considered to have applied for basic
telecommunications service from the successor provider on the
effective date of the commission's designation of the successor
provider. Each right, privilege, and obligation applicable to
customers of the successor provider applies to a customer transferred
to the successor provider under this section. A customer transferred
to the successor provider under this section is subject to the
successor provider's terms of service as specified in an applicable
tariff or contract. This section does not prohibit a customer from
seeking, at any time, service from a provider other than the successor
provider. As added by P.L.27-2006, SEC.54.
IC 8-1-32.4-15 Provider's cessation of local exchange service or abandonment of
facilities; commission's declaration of emergency; designation of
successor provider
Sec. 15. (a) The commission may, on its own motion or on the
petition of an interested party, institute an expedited proceeding
under this section if the commission determines that:
(1) a facilities based local exchange carrier has a certificate of
territorial authority to provide local exchange service in a
defined 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 service
in the area; and
(3) the facilities based local exchange carrier has:
(A) ceased providing local exchange service to the
customers in the area; or
(B) abandoned the operation of the carrier's facilities in the
area that are used to provide local exchange service.
(b) In a proceeding under this section, the commission may
declare in accordance with IC 8-1-2-113 that an emergency exists
and issue any order necessary to protect the health, safety, and
welfare of affected customers and to expedite the restoration or
continuation of local exchange service to the affected customers. An
order issued under this subsection may:
(1) provide for the temporary operation of the facilities based
local exchange carrier's facilities by any provider, including a
provider that has not been issued a certificate of territorial
authority by the commission;
(2) authorize one (1) or more third parties to enter the premises
of any abandoned facilities; or
(3) grant temporary waivers from quality of service
requirements for any provider:
(A) providing service under subdivision (1); or
(B) designated as a successor provider by the commission
under subsection (c).
(c) Except as provided in IC 8-1-32.6-8 or section 16 of this
chapter, the commission may act under section 14 of this chapter to
designate 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 resort
obligations
Sec. 16. (a) If a provider, other than the incumbent local exchange
carrier, operates under an arrangement by which the provider is the
exclusive provider of basic telecommunications service in a
particular geographic area, building, or group of residences and
businesses, the incumbent local exchange carrier is relieved of any
provider of last resort obligations that the incumbent local exchange
carrier would ordinarily have with respect to the particular
geographic area, building, or group of residences and businesses.
(b) If:
(1) a provider with an exclusive service arrangement described
in subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
businesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers
of the exiting provider; and
(B) elects to purchase the facilities of the exiting provider;
the incumbent local exchange carrier has twelve (12) months to make
any modifications necessary to the purchased facilities to allow the
incumbent local exchange carrier to serve the affected customers of
the exiting provider. The incumbent local exchange carrier may
apply to the commission for an extension of the period allowed under
this subsection, and the commission shall grant the extension upon
good cause shown by the incumbent local exchange carrier.
(c) If:
(1) a provider with an exclusive service arrangement described
in subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
businesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers
of the exiting provider; and
(B) elects not to purchase the facilities of the exiting
provider;
the incumbent local exchange carrier has twelve (12) months to
deploy an approved alternative technology necessary to allow the
incumbent local exchange carrier to serve the affected customers of
the exiting provider. The incumbent local exchange carrier may
apply to the commission for an extension of the period allowed under
this 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.
