IC 8-1-32.5
Chapter 32.5. Certificates of Territorial Authority for
Communications Service Providers
IC 8-1-32.5-1 Application of chapter
Sec. 1. This chapter applies to a communications service provider
that seeks to offer communications service to Indiana customers after
June 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 Indiana
utility 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 service
provider" means a person or an entity that offers communications
service to customers in Indiana, without regard to the technology or
medium used by the person or entity to provide the communications
service. 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 exchange
carrier" means a local exchange carrier (as defined in 47 U.S.C.
153(26)) that provides telephone exchange service (as defined in 47
U.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 telecommunications
service (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; required
documents; certificates issued before July 1, 2009; confidential
information
Sec. 6. (a) Except as provided in subsection (c), before a
communications service provider may offer communications service
to customers in Indiana, the communications service provider must
apply to the commission for a certificate of territorial authority. A
communications service provider that seeks a certificate under this
chapter shall submit an application on a form prescribed by the
commission. The form prescribed by the commission must require
the communications service provider to report the following
information:
(1) The provider's legal name and any name under which the
provider does or will do business in Indiana, as authorized by
the secretary of state.
(2) The provider's address and telephone number, along with
contact information for the person responsible for ongoing
communications with the commission.
(3) The legal name, address, and telephone number of the
provider's parent company, if any.
(4) A description of each service area in Indiana in which the
provider proposes to offer communications service.
(5) For each service area identified under subdivision (4), a
description of each type of communications service that the
provider proposes to offer in the service area.
(6) For each communications service identified under
subdivision (5), whether the communications service will be
offered to residential customers or business customers, or both.
(7) The expected date of deployment for each communications
service identified under subdivision (5) in each service area
identified in subdivision (4).
(8) A list of other states in which the provider offers
communications service, including the type of communications
service offered.
(9) Any other information the commission considers necessary
to:
(A) monitor the type and availability of communications
service provided to Indiana customers; and
(B) prepare the commission's annual report to the regulatory
flexibility committee under IC 8-1-2.6-4.
The commission may charge a fee for filing an application under this
section. Any fee charged by the commission under this subsection
may not exceed the commission's actual costs to process and review
the application under section 8 of this chapter.
(b) A communications service provider shall also submit, along
with the application required by subsection (a), the following
documents:
(1) A certification from the secretary of state authorizing the
provider to do business in Indiana.
(2) Information demonstrating the provider's financial,
managerial, and technical ability to provide each
communications service identified in the provider's application
under subsection (a)(5) in each service area identified under
subsection (a)(4).
(3) A statement, signed under penalty of perjury by an officer
or another person authorized to bind the provider, that affirms
the following:
(A) That the provider has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
communications service in Indiana.
(B) That the provider agrees to comply with any customer
notification requirements imposed by the commission under
section 11(b) of this chapter.
(C) That the provider agrees to update the information
provided in the application submitted under subsection (a)
on a regular basis, as may be required by the commission
under section 12 of this chapter.
(D) That the provider agrees to notify the commission when
the provider commences offering communications service in
each service area identified in the provider's application
under subsection (a)(4).
(E) That the provider agrees to pay any lawful rate or charge
for switched and special access services, as required under
any:
(i) applicable interconnection agreement; or
(ii) lawful tariff or order approved or issued by a
regulatory body having jurisdiction.
(F) That the provider agrees to report, at the times required
by the commission, any information required by the
commission 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 on
July 1, 2009;
the communications service provider is not required to submit an
application under this section for as long as the certificate described
in subdivision (1) remains in effect. For purposes of this subsection,
if a corporation organized under IC 8-1-13 (or a corporation
organized under IC 23-17-1 that is an electric cooperative and that
has at least one (1) member that is a corporation organized under
IC 8-1-13) holds a certificate of public convenience and necessity
issued by the commission before, on, or after July 1, 2009, that
certificate may serve as the certificate required under this chapter
with respect to any communications service offered by the
corporation, subject to the commission's right to require the
corporation to provide any information that an applicant is otherwise
required to submit under subsection (a) or that a holder is required to
report under IC 8-1-2.6-13(d)(9).
(d) This section does not empower the commission to require an
applicant for a certificate under this chapter to disclose confidential
and proprietary business plans and other confidential information
without adequate protection of the information. The commission
shall exercise all necessary caution to avoid disclosure of
confidential 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 duplicate
copies of the application and documents required by section 6 of this
chapter to the commission. The commission shall prescribe the
number of copies to be submitted by a communications service
provider 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 of
certificate; request for additional information
Sec. 8. Not later than thirty (30) days after receiving the
application and documents required by section 6 of this chapter, the
commission shall review the application and documents for accuracy
and completeness. If the commission determines that the application
and documents are accurate, complete, and properly verified, the
commission shall issue a certificate of territorial authority
recognizing the communications service provider's authority to
provide each communications service identified in the application.
If the commission determines that the application and documents are
inaccurate or incomplete, or are not properly verified, the
commission shall return the application and documents to the
provider with a brief statement of any additional information
required. Not later than thirty (30) days after receipt of the request
for 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, without
prejudice. 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 the
issuance of a certificate under this chapter. However, the commission
shall conduct a hearing, subject to the requirements for hearings
under IC 8-1-2 for public utilities, upon the request of any of the
following:
(1) The communications service provider submitting the
application.
(2) Any facilities based local exchange carrier offering service
in a service area identified in the provider's application under
section 6(a)(4) of this chapter.
(3) The office of utility consumer counselor created by
IC 8-1-1.1-2.
(4) The commission, on its own motion.
(b) A hearing conducted under this section shall be limited to
consideration of one (1) or more of the following issues:
(1) Whether the application and documents submitted under
section 6 of this chapter are accurate, complete, and properly
verified.
(2) The communications service provider's financial,
managerial, and technical ability to provide the communications
service 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 a
service area identified in the provider's application under
section 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 of
certificate
Sec. 10. Subject to any notice requirements adopted by the
commission under section 12 of this chapter, a certificate issued
under this chapter may be:
(1) sold, assigned, leased, or transferred by the holder to any
communications service provider to which a certificate of
territorial authority may be lawfully issued under this chapter;
or
(2) included in the property and rights encumbered under any
indenture 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 communications
service provider to file a tariff in connection with, or as a condition
of 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 may
require, in connection with the issuance of a certificate under this
chapter, the communications service provider to provide advance
notice to the provider's Indiana customers if the provider will do any
of the following:
(1) Increase the rates and charges for any communications
service that the provider offers in any of the provider's service
areas in Indiana.
(2) Offer new communications service in any of the provider's
service areas in Indiana.
(3) Cease to offer any communications service that the provider
offers in any of the provider's service areas in Indiana.
The commission shall prescribe any customer notification
requirements under this subsection in a rule of general application
adopted 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, a
certificate of territorial authority under this chapter, the commission
may require a communications service provider to notify the
commission, after the issuance of a certificate, of any of the
following 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, or
change to, an assumed business name. The provider shall
submit 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 in
the name of the person authorized to receive notice on behalf of
the provider.
(4) Any sale, assignment, lease, or transfer of the certificate to
another communications service provider, as allowed by section
10 of this chapter. The provider shall identify the other
communications service provider to which the sale, assignment,
lease, or transfer is made.
(5) The relinquishment of any certificate issued under this
chapter. The provider shall identify:
(A) any other certificate of territorial authority issued under
this chapter that will be retained by the provider;
(B) the number of Indiana customers in the service area
covered by the certificate being relinquished; and
(C) the method by which the provider's customers were or
will be notified of the relinquishment, if required in a rule
adopted by the commission under section 11(b) of this
chapter.
(6) This subdivision does not apply to a provider of commercial
mobile service (as defined in 47 U.S.C. 332). A change in the
communications service provided in one (1) or more of the
service areas identified in the provider's application under
section 6(a)(4) of this chapter. However, if new services will be
provided in one (1) or more of the service areas, the
commission may require the provider to submit a new
application under section 6 of this chapter with respect to those
services.
(7) A change in one (1) or more of the service areas identified
in the provider's application under section 6(a)(4) of this
chapter that would increase or decrease the territory within the
service area.
The commission shall prescribe the time in which a provider must
report changes under this section. The commission may prescribe a
form 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 certificates
of territorial authority issued under this chapter. The record must
include all application forms, notices of change under section 12 of
this chapter, and other documents filed with the commission under
this chapter. The record must be made available:
(1) for public inspection and copying in the office of the
commission during regular business hours under IC 5-14-3; and
(2) electronically through the computer gateway administered
by the office of technology established by IC 4-13.1-2-1;
to the extent the information in the record is not exempt from public
disclosure 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 a
certificate issued under this chapter is exempt from local franchises
and related fees to the same extent as a communications service
provider that holds a certificate of territorial authority or an
indeterminate 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 to
implement this chapter. As added by P.L.27-2006, SEC.55.
IC 8-1-32.5
Chapter 32.5. Certificates of Territorial Authority for
Communications Service Providers
IC 8-1-32.5-1 Application of chapter
Sec. 1. This chapter applies to a communications service provider
that seeks to offer communications service to Indiana customers after
June 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 Indiana
utility 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 service
provider" means a person or an entity that offers communications
service to customers in Indiana, without regard to the technology or
medium used by the person or entity to provide the communications
service. 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 exchange
carrier" means a local exchange carrier (as defined in 47 U.S.C.
153(26)) that provides telephone exchange service (as defined in 47
U.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 telecommunications
service (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; required
documents; certificates issued before July 1, 2009; confidential
information
Sec. 6. (a) Except as provided in subsection (c), before a
communications service provider may offer communications service
to customers in Indiana, the communications service provider must
apply to the commission for a certificate of territorial authority. A
communications service provider that seeks a certificate under this
chapter shall submit an application on a form prescribed by the
commission. The form prescribed by the commission must require
the communications service provider to report the following
information:
(1) The provider's legal name and any name under which the
provider does or will do business in Indiana, as authorized by
the secretary of state.
(2) The provider's address and telephone number, along with
contact information for the person responsible for ongoing
communications with the commission.
(3) The legal name, address, and telephone number of the
provider's parent company, if any.
(4) A description of each service area in Indiana in which the
provider proposes to offer communications service.
(5) For each service area identified under subdivision (4), a
description of each type of communications service that the
provider proposes to offer in the service area.
(6) For each communications service identified under
subdivision (5), whether the communications service will be
offered to residential customers or business customers, or both.
(7) The expected date of deployment for each communications
service identified under subdivision (5) in each service area
identified in subdivision (4).
(8) A list of other states in which the provider offers
communications service, including the type of communications
service offered.
(9) Any other information the commission considers necessary
to:
(A) monitor the type and availability of communications
service provided to Indiana customers; and
(B) prepare the commission's annual report to the regulatory
flexibility committee under IC 8-1-2.6-4.
The commission may charge a fee for filing an application under this
section. Any fee charged by the commission under this subsection
may not exceed the commission's actual costs to process and review
the application under section 8 of this chapter.
(b) A communications service provider shall also submit, along
with the application required by subsection (a), the following
documents:
(1) A certification from the secretary of state authorizing the
provider to do business in Indiana.
(2) Information demonstrating the provider's financial,
managerial, and technical ability to provide each
communications service identified in the provider's application
under subsection (a)(5) in each service area identified under
subsection (a)(4).
(3) A statement, signed under penalty of perjury by an officer
or another person authorized to bind the provider, that affirms
the following:
(A) That the provider has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
communications service in Indiana.
(B) That the provider agrees to comply with any customer
notification requirements imposed by the commission under
section 11(b) of this chapter.
(C) That the provider agrees to update the information
provided in the application submitted under subsection (a)
on a regular basis, as may be required by the commission
under section 12 of this chapter.
(D) That the provider agrees to notify the commission when
the provider commences offering communications service in
each service area identified in the provider's application
under subsection (a)(4).
(E) That the provider agrees to pay any lawful rate or charge
for switched and special access services, as required under
any:
(i) applicable interconnection agreement; or
(ii) lawful tariff or order approved or issued by a
regulatory body having jurisdiction.
(F) That the provider agrees to report, at the times required
by the commission, any information required by the
commission 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 on
July 1, 2009;
the communications service provider is not required to submit an
application under this section for as long as the certificate described
in subdivision (1) remains in effect. For purposes of this subsection,
if a corporation organized under IC 8-1-13 (or a corporation
organized under IC 23-17-1 that is an electric cooperative and that
has at least one (1) member that is a corporation organized under
IC 8-1-13) holds a certificate of public convenience and necessity
issued by the commission before, on, or after July 1, 2009, that
certificate may serve as the certificate required under this chapter
with respect to any communications service offered by the
corporation, subject to the commission's right to require the
corporation to provide any information that an applicant is otherwise
required to submit under subsection (a) or that a holder is required to
report under IC 8-1-2.6-13(d)(9).
(d) This section does not empower the commission to require an
applicant for a certificate under this chapter to disclose confidential
and proprietary business plans and other confidential information
without adequate protection of the information. The commission
shall exercise all necessary caution to avoid disclosure of
confidential 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 duplicate
copies of the application and documents required by section 6 of this
chapter to the commission. The commission shall prescribe the
number of copies to be submitted by a communications service
provider 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 of
certificate; request for additional information
Sec. 8. Not later than thirty (30) days after receiving the
application and documents required by section 6 of this chapter, the
commission shall review the application and documents for accuracy
and completeness. If the commission determines that the application
and documents are accurate, complete, and properly verified, the
commission shall issue a certificate of territorial authority
recognizing the communications service provider's authority to
provide each communications service identified in the application.
If the commission determines that the application and documents are
inaccurate or incomplete, or are not properly verified, the
commission shall return the application and documents to the
provider with a brief statement of any additional information
required. Not later than thirty (30) days after receipt of the request
for 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, without
prejudice. 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 the
issuance of a certificate under this chapter. However, the commission
shall conduct a hearing, subject to the requirements for hearings
under IC 8-1-2 for public utilities, upon the request of any of the
following:
(1) The communications service provider submitting the
application.
(2) Any facilities based local exchange carrier offering service
in a service area identified in the provider's application under
section 6(a)(4) of this chapter.
(3) The office of utility consumer counselor created by
IC 8-1-1.1-2.
(4) The commission, on its own motion.
(b) A hearing conducted under this section shall be limited to
consideration of one (1) or more of the following issues:
(1) Whether the application and documents submitted under
section 6 of this chapter are accurate, complete, and properly
verified.
(2) The communications service provider's financial,
managerial, and technical ability to provide the communications
service 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 a
service area identified in the provider's application under
section 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 of
certificate
Sec. 10. Subject to any notice requirements adopted by the
commission under section 12 of this chapter, a certificate issued
under this chapter may be:
(1) sold, assigned, leased, or transferred by the holder to any
communications service provider to which a certificate of
territorial authority may be lawfully issued under this chapter;
or
(2) included in the property and rights encumbered under any
indenture 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 communications
service provider to file a tariff in connection with, or as a condition
of 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 may
require, in connection with the issuance of a certificate under this
chapter, the communications service provider to provide advance
notice to the provider's Indiana customers if the provider will do any
of the following:
(1) Increase the rates and charges for any communications
service that the provider offers in any of the provider's service
areas in Indiana.
(2) Offer new communications service in any of the provider's
service areas in Indiana.
(3) Cease to offer any communications service that the provider
offers in any of the provider's service areas in Indiana.
The commission shall prescribe any customer notification
requirements under this subsection in a rule of general application
adopted 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, a
certificate of territorial authority under this chapter, the commission
may require a communications service provider to notify the
commission, after the issuance of a certificate, of any of the
following 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, or
change to, an assumed business name. The provider shall
submit 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 in
the name of the person authorized to receive notice on behalf of
the provider.
(4) Any sale, assignment, lease, or transfer of the certificate to
another communications service provider, as allowed by section
10 of this chapter. The provider shall identify the other
communications service provider to which the sale, assignment,
lease, or transfer is made.
(5) The relinquishment of any certificate issued under this
chapter. The provider shall identify:
(A) any other certificate of territorial authority issued under
this chapter that will be retained by the provider;
(B) the number of Indiana customers in the service area
covered by the certificate being relinquished; and
(C) the method by which the provider's customers were or
will be notified of the relinquishment, if required in a rule
adopted by the commission under section 11(b) of this
chapter.
(6) This subdivision does not apply to a provider of commercial
mobile service (as defined in 47 U.S.C. 332). A change in the
communications service provided in one (1) or more of the
service areas identified in the provider's application under
section 6(a)(4) of this chapter. However, if new services will be
provided in one (1) or more of the service areas, the
commission may require the provider to submit a new
application under section 6 of this chapter with respect to those
services.
(7) A change in one (1) or more of the service areas identified
in the provider's application under section 6(a)(4) of this
chapter that would increase or decrease the territory within the
service area.
The commission shall prescribe the time in which a provider must
report changes under this section. The commission may prescribe a
form 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 certificates
of territorial authority issued under this chapter. The record must
include all application forms, notices of change under section 12 of
this chapter, and other documents filed with the commission under
this chapter. The record must be made available:
(1) for public inspection and copying in the office of the
commission during regular business hours under IC 5-14-3; and
(2) electronically through the computer gateway administered
by the office of technology established by IC 4-13.1-2-1;
to the extent the information in the record is not exempt from public
disclosure 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 a
certificate issued under this chapter is exempt from local franchises
and related fees to the same extent as a communications service
provider that holds a certificate of territorial authority or an
indeterminate 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 to
implement this chapter. As added by P.L.27-2006, SEC.55.
IC 8-1-32.5
Chapter 32.5. Certificates of Territorial Authority for
Communications Service Providers
IC 8-1-32.5-1 Application of chapter
Sec. 1. This chapter applies to a communications service provider
that seeks to offer communications service to Indiana customers after
June 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 Indiana
utility 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 service
provider" means a person or an entity that offers communications
service to customers in Indiana, without regard to the technology or
medium used by the person or entity to provide the communications
service. 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 exchange
carrier" means a local exchange carrier (as defined in 47 U.S.C.
153(26)) that provides telephone exchange service (as defined in 47
U.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 telecommunications
service (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; required
documents; certificates issued before July 1, 2009; confidential
information
Sec. 6. (a) Except as provided in subsection (c), before a
communications service provider may offer communications service
to customers in Indiana, the communications service provider must
apply to the commission for a certificate of territorial authority. A
communications service provider that seeks a certificate under this
chapter shall submit an application on a form prescribed by the
commission. The form prescribed by the commission must require
the communications service provider to report the following
information:
(1) The provider's legal name and any name under which the
provider does or will do business in Indiana, as authorized by
the secretary of state.
(2) The provider's address and telephone number, along with
contact information for the person responsible for ongoing
communications with the commission.
(3) The legal name, address, and telephone number of the
provider's parent company, if any.
(4) A description of each service area in Indiana in which the
provider proposes to offer communications service.
(5) For each service area identified under subdivision (4), a
description of each type of communications service that the
provider proposes to offer in the service area.
(6) For each communications service identified under
subdivision (5), whether the communications service will be
offered to residential customers or business customers, or both.
(7) The expected date of deployment for each communications
service identified under subdivision (5) in each service area
identified in subdivision (4).
(8) A list of other states in which the provider offers
communications service, including the type of communications
service offered.
(9) Any other information the commission considers necessary
to:
(A) monitor the type and availability of communications
service provided to Indiana customers; and
(B) prepare the commission's annual report to the regulatory
flexibility committee under IC 8-1-2.6-4.
The commission may charge a fee for filing an application under this
section. Any fee charged by the commission under this subsection
may not exceed the commission's actual costs to process and review
the application under section 8 of this chapter.
(b) A communications service provider shall also submit, along
with the application required by subsection (a), the following
documents:
(1) A certification from the secretary of state authorizing the
provider to do business in Indiana.
(2) Information demonstrating the provider's financial,
managerial, and technical ability to provide each
communications service identified in the provider's application
under subsection (a)(5) in each service area identified under
subsection (a)(4).
(3) A statement, signed under penalty of perjury by an officer
or another person authorized to bind the provider, that affirms
the following:
(A) That the provider has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
communications service in Indiana.
(B) That the provider agrees to comply with any customer
notification requirements imposed by the commission under
section 11(b) of this chapter.
(C) That the provider agrees to update the information
provided in the application submitted under subsection (a)
on a regular basis, as may be required by the commission
under section 12 of this chapter.
(D) That the provider agrees to notify the commission when
the provider commences offering communications service in
each service area identified in the provider's application
under subsection (a)(4).
(E) That the provider agrees to pay any lawful rate or charge
for switched and special access services, as required under
any:
(i) applicable interconnection agreement; or
(ii) lawful tariff or order approved or issued by a
regulatory body having jurisdiction.
(F) That the provider agrees to report, at the times required
by the commission, any information required by the
commission 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 on
July 1, 2009;
the communications service provider is not required to submit an
application under this section for as long as the certificate described
in subdivision (1) remains in effect. For purposes of this subsection,
if a corporation organized under IC 8-1-13 (or a corporation
organized under IC 23-17-1 that is an electric cooperative and that
has at least one (1) member that is a corporation organized under
IC 8-1-13) holds a certificate of public convenience and necessity
issued by the commission before, on, or after July 1, 2009, that
certificate may serve as the certificate required under this chapter
with respect to any communications service offered by the
corporation, subject to the commission's right to require the
corporation to provide any information that an applicant is otherwise
required to submit under subsection (a) or that a holder is required to
report under IC 8-1-2.6-13(d)(9).
(d) This section does not empower the commission to require an
applicant for a certificate under this chapter to disclose confidential
and proprietary business plans and other confidential information
without adequate protection of the information. The commission
shall exercise all necessary caution to avoid disclosure of
confidential 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 duplicate
copies of the application and documents required by section 6 of this
chapter to the commission. The commission shall prescribe the
number of copies to be submitted by a communications service
provider 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 of
certificate; request for additional information
Sec. 8. Not later than thirty (30) days after receiving the
application and documents required by section 6 of this chapter, the
commission shall review the application and documents for accuracy
and completeness. If the commission determines that the application
and documents are accurate, complete, and properly verified, the
commission shall issue a certificate of territorial authority
recognizing the communications service provider's authority to
provide each communications service identified in the application.
If the commission determines that the application and documents are
inaccurate or incomplete, or are not properly verified, the
commission shall return the application and documents to the
provider with a brief statement of any additional information
required. Not later than thirty (30) days after receipt of the request
for 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, without
prejudice. 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 the
issuance of a certificate under this chapter. However, the commission
shall conduct a hearing, subject to the requirements for hearings
under IC 8-1-2 for public utilities, upon the request of any of the
following:
(1) The communications service provider submitting the
application.
(2) Any facilities based local exchange carrier offering service
in a service area identified in the provider's application under
section 6(a)(4) of this chapter.
(3) The office of utility consumer counselor created by
IC 8-1-1.1-2.
(4) The commission, on its own motion.
(b) A hearing conducted under this section shall be limited to
consideration of one (1) or more of the following issues:
(1) Whether the application and documents submitted under
section 6 of this chapter are accurate, complete, and properly
verified.
(2) The communications service provider's financial,
managerial, and technical ability to provide the communications
service 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 a
service area identified in the provider's application under
section 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 of
certificate
Sec. 10. Subject to any notice requirements adopted by the
commission under section 12 of this chapter, a certificate issued
under this chapter may be:
(1) sold, assigned, leased, or transferred by the holder to any
communications service provider to which a certificate of
territorial authority may be lawfully issued under this chapter;
or
(2) included in the property and rights encumbered under any
indenture 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 communications
service provider to file a tariff in connection with, or as a condition
of 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 may
require, in connection with the issuance of a certificate under this
chapter, the communications service provider to provide advance
notice to the provider's Indiana customers if the provider will do any
of the following:
(1) Increase the rates and charges for any communications
service that the provider offers in any of the provider's service
areas in Indiana.
(2) Offer new communications service in any of the provider's
service areas in Indiana.
(3) Cease to offer any communications service that the provider
offers in any of the provider's service areas in Indiana.
The commission shall prescribe any customer notification
requirements under this subsection in a rule of general application
adopted 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, a
certificate of territorial authority under this chapter, the commission
may require a communications service provider to notify the
commission, after the issuance of a certificate, of any of the
following 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, or
change to, an assumed business name. The provider shall
submit 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 in
the name of the person authorized to receive notice on behalf of
the provider.
(4) Any sale, assignment, lease, or transfer of the certificate to
another communications service provider, as allowed by section
10 of this chapter. The provider shall identify the other
communications service provider to which the sale, assignment,
lease, or transfer is made.
(5) The relinquishment of any certificate issued under this
chapter. The provider shall identify:
(A) any other certificate of territorial authority issued under
this chapter that will be retained by the provider;
(B) the number of Indiana customers in the service area
covered by the certificate being relinquished; and
(C) the method by which the provider's customers were or
will be notified of the relinquishment, if required in a rule
adopted by the commission under section 11(b) of this
chapter.
(6) This subdivision does not apply to a provider of commercial
mobile service (as defined in 47 U.S.C. 332). A change in the
communications service provided in one (1) or more of the
service areas identified in the provider's application under
section 6(a)(4) of this chapter. However, if new services will be
provided in one (1) or more of the service areas, the
commission may require the provider to submit a new
application under section 6 of this chapter with respect to those
services.
(7) A change in one (1) or more of the service areas identified
in the provider's application under section 6(a)(4) of this
chapter that would increase or decrease the territory within the
service area.
The commission shall prescribe the time in which a provider must
report changes under this section. The commission may prescribe a
form 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 certificates
of territorial authority issued under this chapter. The record must
include all application forms, notices of change under section 12 of
this chapter, and other documents filed with the commission under
this chapter. The record must be made available:
(1) for public inspection and copying in the office of the
commission during regular business hours under IC 5-14-3; and
(2) electronically through the computer gateway administered
by the office of technology established by IC 4-13.1-2-1;
to the extent the information in the record is not exempt from public
disclosure 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 a
certificate issued under this chapter is exempt from local franchises
and related fees to the same extent as a communications service
provider that holds a certificate of territorial authority or an
indeterminate 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 to
implement this chapter. As added by P.L.27-2006, SEC.55.
