Citations Affected: IC 8-1.
Synopsis: Various communications matters. Authorizes the utility
regulatory commission (IURC) to delegate authority to its staff to grant
certain requests concerning telephone numbers. Provides that actions
taken by the staff are appealable to the IURC. Specifies the information
that the IURC may require certain communications service providers
to include in applications for certificates of territorial authority.
Provides that the IURC may not require a video service provider to
disclose more frequently than in each odd numbered year information
regarding the areas in which an applicant for a video service franchise
has deployed, or plans to deploy, video service. Specifies that a video
service provider or an applicant for a video service franchise may not
be required to disclose information that identifies at a certain level of
specificity the areas in which the provider or applicant has deployed,
or plans to deploy, video service in Indiana. Grants jurisdiction to
resolve certain matters concerning video service franchises to the IURC
rather than a court with jurisdiction.
Effective: July 1, 2011.
January 13, 2011, read first time and referred to Committee on Utilities & Technology.
February 14, 2011, reported favorably _ Do Pass.
February 17, 2011, read second time, amended, ordered engrossed.
February 18, 2011, engrossed.
February 22, 2011, read third time, passed. Yeas 46, nays 1.
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
of dual party relay services to hearing impaired and speech
impaired persons in Indiana.
(2) Perform the commission's duties under IC 8-1-19.5 concerning
the administration of the 211 dialing code for communications
service used to provide access to human services information and
referrals.
(3) Enforce rules adopted under IC 8-1-29 to ensure that a
customer of a telecommunications provider is not:
(A) switched to another telecommunications provider unless
the customer authorizes the switch; or
(B) billed for services by a telecommunications provider that
without the customer's authorization added the services to the
customer's service order.
(4) Conduct proceedings under:
(A) the federal Telecommunications Act of 1996 (47 U.S.C.
151 et seq.); and
(B) IC 20-20-16;
concerning universal service and access to telecommunications
service and equipment, including the designation of eligible
telecommunications carriers under 47 U.S.C. 214.
(5) Perform any act with respect to interconnection agreements or
disputes that the commission is authorized to perform the
commission's duties under IC 8-1-2.6-1.5 or IC 8-1-2-5.
(6) Issue or maintain certificates of territorial authority for
communications service providers under IC 8-1-32.5.
(7) Perform the commission's duties under IC 8-1-34 to issue and
maintain certificates of franchise authority to multichannel video
programming distributors offering video service to Indiana
customers.
(8) Perform the commission's duties under IC 8-1-2.6-13(d)(9)
concerning the reporting of information by communications
service providers.
(9) Administer the Indiana lifeline assistance program under
IC 8-1-36.
(10) Fulfill the commission's duties under any state or federal law
concerning the administration of any universally applicable
dialing code for any communications service.
(11) Perform the commission's duties under IC 8-1-2.3 with
respect to assigned service areas for electricity suppliers.
(12) Issue:
(A) certificates of public convenience and necessity,
certificates of territorial authority, and indeterminate permits
under IC 8-1-2;
(B) certificates of public convenience and necessity under
IC 8-1-8.5; or
(C) certificates of public convenience and necessity under
IC 8-1-8.7.
(13) Determine territorial disputes between water utilities under
IC 8-1-2-86.5.
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).
rate regulation, or build-out requirement on a provider;
except as authorized by this chapter.
(b) Except as provided in section 21 of this chapter, a person who
seeks to provide video service in Indiana after June 30, 2006, shall file
with the commission an application for a franchise. The application
shall be made on a form prescribed by the commission and must
include the following:
(1) A sworn affidavit, signed by an officer or another person
authorized to bind the applicant, that affirms the following:
(A) That the applicant has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
video service in Indiana.
(B) That the applicant agrees to comply with all federal and
state statutes, rules, and regulations applicable to the operation
of the applicant's video service system.
(C) That the applicant agrees to:
(i) comply with any local ordinance or regulation governing
the use of public rights-of-way in the delivery of video
service; and
(ii) recognize the police powers of a unit to enforce the
ordinance or regulation.
(D) If the applicant will terminate an existing local franchise
under section 21 of this chapter, that the applicant agrees to
perform any obligations owed to any private person, as
required by section 22 of this chapter.
(2) The applicant's legal name and any name under which the
applicant does or will do business in Indiana, as authorized by the
secretary of state.
(3) The address and telephone number of the applicant's principal
place of business, along with contact information for the person
responsible for ongoing communications with the commission.
(4) The names and titles of the applicant's principal officers.
(5) The legal name, address, and telephone number of the
applicant's parent company, if any.
(6) A description of each service area in Indiana to be served by
the applicant. A service area described under this subdivision may
include an unincorporated area in Indiana.
(7) The expected date for the deployment of video service in each
of the areas identified in subdivision (6).
(8) A list of other states in which the applicant provides video
service.
transmitted over a channel or other facility of the provider are
submitted to the provider in a manner or form that:
(1) is capable of being accepted and transmitted by the provider
over the provider's video service system;
(2) does not require additional alteration or change in the content
by the provider; and
(3) is compatible with the technology or protocol used by the
provider to deliver video service.
(c) If it is technically feasible to do so, the holder of a certificate
under this section and a provider described in section 21(a) of this
chapter may cooperate to interconnect their systems to provide PEG
channel capacity required under section 25, 26, or 26.5 of this chapter.
Interconnection under this section may be accomplished by direct
cable, microwave link, satellite, or other reasonable method of
connection. The parties shall negotiate the terms of the interconnection
in good faith, and a provider described in section 21(a) of this chapter
may not withhold interconnection of PEG channel capacity.
(d) A court with jurisdiction Subject to 47 U.S.C. 531, the
commission has exclusive authority to enforce any requirement under:
(1) this section; or
(2) section 25, 26, or 26.5 of this chapter.