2013 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 1. UTILITIES GENERALLY CHAPTER 19. TELEPHONE COMPANIES.RECEIVERSHIP
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IC 8-1-19
Chapter 19. Telephone Companies)Receivership
IC 8-1-19-1
Public policy
Sec. 1. Whereas the telephone system of this country is a
nationwide interconnected and interrelated system, no part of which
may be suspended without seriously and adversely affecting the
whole, and whereas the continuous operation of such
communications system is essential to the operation of the economic
life of the country and is necessary to prevent extreme hardship, now,
therefore, it is legislatively determined that the remedy of suspension
or revocation of the permit of a telephone company for violation of
law or the rules or orders of lawful authority is wholly inadequate
and that additional remedy therefor is necessary and proper and that
the intrinsic nature of the telephone business justifies such additional
remedy for such industry.
(Formerly: Acts 1947, c.270, s.1.)
IC 8-1-19-2
Verified showing; hearing; order for receivership
Sec. 2. If any telephone company shall violate any provision of
law, or any rule or order of the commission or of any other lawful
authority or shall fail to perform any duty imposed upon it by law or
by any such rule or order, then, and in that event, in addition to all
other remedies provided by law, the commission may, in a proper
case, file a verified showing in any circuit court in this state wherein
is located the main or principal office or place of business of any
telephone company, that such telephone company has failed,
neglected, or refused to comply with such provision of law or with
an order or requirement of said commission or other lawful authority
and that the users of the telephone service furnished by such
telephone company, or the public, will be damaged or injured by the
continued noncompliance with such law, order or requirement, and
that it would be to the interest of the public, that on ten (10) days
notice to such telephone company the court should appoint a receiver
to operate said telephone company and to render such service or to
comply with such law, order, or requirement of the said commission
or other lawful authority. Such court may, upon such showing,
appoint a receiver for such purpose who shall thereupon qualify as
other receivers are qualified and shall thereupon have and exercise
the same rights and be subject to the same duties and obligations as
now provided by law for public utilities. Such receivership shall be
continued, until it is found by the court that said telephone company
will, in all reasonable probability, comply in the future with all rules
and orders applicable thereto. Such finding shall be entered only
after hearing upon notice to the commission. In construing and
enforcing the provisions of this section, the act, omission, or failure
of any officer, agent, or other person acting for or employed by any
public utility acting within the scope of his employment shall in
every case be deemed to be the act, omission, or failure of such
public utility.
(Formerly: Acts 1947, c.270, s.2.) As amended by P.L.23-1988,
SEC.57.
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