2013 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 1. UTILITIES GENERALLY CHAPTER 2.6. COMPETITION IN THE PROVISION OF TELEPHONE SERVICES
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IC 8-1-2.6
Chapter 2.6. Competition in the Provision of Telephone
Services
IC 8-1-2.6-0.1
"Basic telecommunications service"
Sec. 0.1. (a) As used in this chapter, "basic telecommunications
service" means stand alone telephone exchange service (as defined
in 47 U.S.C. 153(47)) that:
(1) is provided to a residential customer through the customer's
primary line; and
(2) is:
(A) the sole service purchased by the customer;
(B) not part of a package of services, a promotion, or a
contract; or
(C) not otherwise offered at a discounted price.
(b) The term includes, at a minimum, the following:
(1) Voice grade access to the public switched telephone
network with minimum bandwidth of three hundred (300) to
three thousand (3,000) hertz.
(2) Dual tone multifrequency signaling and single party service.
(3) Access to:
(A) emergency services, including access to 911 and
enhanced 911 if provided by the local government having
jurisdiction in the service area;
(B) operator services;
(C) local directory assistance;
(D) telephone relay services; and
(E) interexchange service.
(4) Toll limitation services for qualifying low income
customers.
(c) The term does not include a functionally equivalent service
provided by a person or an entity described in IC 8-1-2-1.1.
As added by P.L.27-2006, SEC.6.
IC 8-1-2.6-0.2
"Incumbent local exchange carrier"
Sec. 0.2. 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.7.
IC 8-1-2.6-0.3
"Nonbasic telecommunications service"
Sec. 0.3. (a) As used in this chapter, "nonbasic
telecommunications service" means retail telecommunications
service other than:
(1) basic telecommunications service, except when the service
is purchased by the customer:
(A) in conjunction with another service;
(B) as part of a package of services, a promotion, or a
contract; or
(C) at an otherwise discounted price;
(2) commercial mobile radio service (as defined in 47 CFR
51.5);
(3) services outside the jurisdiction of the commission under
section 1.1 of this chapter; and
(4) switched and special access services.
(b) The term includes services included in:
(1) customer specific contracts;
(2) volume, term, and discount pricing options; and
(3) packages, bundles, and promotions, including offers
designed to obtain new customers, retain existing customers, or
bring back former customers.
As added by P.L.27-2006, SEC.8.
IC 8-1-2.6-0.4
"Provider"
Sec. 0.4. As used in this chapter, "provider" means a person or an
entity that offers basic or nonbasic telecommunications service.
As added by P.L.27-2006, SEC.9.
IC 8-1-2.6-0.5
"Rates and charges"
Sec. 0.5. As used in this chapter, "rates and charges", with respect
to basic telecommunications service, means the monthly charge to a
customer for basic telecommunications service, including:
(1) recurring charges for flat rate and message rate service; and
(2) any nonrecurring charge for installation or a line or service
connection.
As added by P.L.27-2006, SEC.10.
IC 8-1-2.6-0.6
"Telecommunications"
Sec. 0.6. As used in this chapter, "telecommunications" has the
meaning set forth in 47 U.S.C. 153(43).
As added by P.L.27-2006, SEC.11.
IC 8-1-2.6-0.7
"Telecommunications service"
Sec. 0.7. As used in this chapter, "telecommunications service"
has the meaning set forth in 47 U.S.C. 153(46).
As added by P.L.27-2006, SEC.12.
IC 8-1-2.6-1
Legislative declaration
Sec. 1. The Indiana general assembly hereby declares that:
(1) the maintenance of universal telephone service is a
continuing goal of the commission in the exercise of its
jurisdiction;
(2) competition has become commonplace in the provision of
telecommunications services in Indiana and the United States;
(3) advancements in and the convergence of technologies that
provide voice, video, and data transmission, including:
(A) landline, wireless, cable, satellite, and Internet
transmissions; and
(B) transmissions involving voice over Internet Protocol
(VOIP), Internet Protocol enabled services, and voice over
power lines;
are substantially increasing consumer choice, reinventing the
marketplace with unprecedented speed, and making available
highly competitive products and services and new methods of
delivering local exchange service;
(4) traditional regulatory policies, practices, and statutes are not
designed to deal with a competitive environment and
technological advancements;
(5) an environment in which Indiana consumers will have
available the widest array of state-of-the-art communications
services at the most economic and reasonable cost possible will
necessitate full and fair facilities based competition in the
delivery of telecommunications services throughout Indiana;
and
(6) streamlining of, and flexibility in, the regulation of
providers of telecommunications services, regardless of the
technology used, is essential to the well-being of Indiana, its
economy, and its citizens, and that the public interest requires
that the commission be authorized to formulate and adopt rules
and policies as will permit the commission, in the exercise of its
expertise, to regulate and control the provision of
telecommunications services to the public in an increasingly
competitive and technologically changing environment, giving
due regard to the interests of consumers and the public, the
ability of market forces to encourage innovation and
investment, and the continued universal availability of basic
telecommunications service.
As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.32;
P.L.27-2006, SEC.13.
IC 8-1-2.6-1.1
Services not subject to commission jurisdiction
Sec. 1.1. The commission shall not exercise jurisdiction over:
(1) advanced services (as defined in 47 CFR 51.5);
(2) broadband service, however defined or classified by the
Federal Communications Commission;
(3) information service (as defined in 47 U.S.C. 153(20));
(4) Internet Protocol enabled retail services:
(A) regardless of how the service is classified by the Federal
Communications Commission; and
(B) except as expressly permitted under IC 8-1-2.8;
(5) commercial mobile service (as defined in 47 U.S.C. 332); or
(6) any service not commercially available on March 28, 2006.
As added by P.L.27-2006, SEC.14. Amended by P.L.1-2007, SEC.69.
IC 8-1-2.6-1.2
Nonbasic telecommunications service; commission's limited
jurisdiction
Sec. 1.2. Except as provided in sections 1.5(b) and 13 of this
chapter, after March 27, 2006, the commission shall not exercise
jurisdiction over any nonbasic telecommunications service.
As added by P.L.27-2006, SEC.15. Amended by P.L.1-2007, SEC.70;
P.L.256-2013, SEC.2.
IC 8-1-2.6-1.3
Measured local service prohibited
Sec. 1.3. A provider that offers basic telecommunications service
in Indiana:
(1) must offer a flat monthly rate with unlimited local calling
for basic telecommunications service in each local exchange
area in Indiana in which the provider offers basic
telecommunications service; and
(2) may not, in any local exchange area in Indiana in which the
provider offers basic telecommunications service, offer any
service plan for basic telecommunications service that includes
measured local service.
As added by P.L.27-2006, SEC.16. Amended by P.L.256-2013,
SEC.3.
IC 8-1-2.6-1.4
Basic telecommunications service; commission's limited
jurisdiction
Sec. 1.4. Except as provided in sections 1.5(b) and 13 of this
chapter, after June 30, 2009, the commission shall not exercise
jurisdiction over basic telecommunications service.
As added by P.L.27-2006, SEC.17. Amended by P.L.1-2007, SEC.71;
P.L.256-2013, SEC.4.
IC 8-1-2.6-1.5
Commission's delegated authority; instrastate switched or special
access service rates and charges; filing of tariff
Sec. 1.5. (a) In acting to impose any requirements or set any prices
concerning:
(1) interconnection with the facilities and equipment of
providers for purposes of 47 U.S.C. 251(c)(2);
(2) the resale of telecommunications service for purposes of 47
U.S.C. 251(c)(4); or
(3) the unbundled access of one (1) provider to the network
elements of another provider for purposes of 47 U.S.C.
251(c)(3);
the commission shall not exceed the authority delegated to the
commission under federal laws and regulations with respect to those
actions. This subsection does not affect the commission's authority
under IC 8-1-2-5.
(b) Subject to any regulations adopted by the Federal
Communications Commission, this section does not affect:
(1) the commission's authority to mediate a dispute between
providers under 47 U.S.C. 252(a);
(2) the commission's authority to arbitrate a dispute between
providers under 47 U.S.C. 252(b);
(3) the commission's authority to approve an interconnection
agreement under 47 U.S.C. 252(e), including the authority to
establish service quality metrics and liquidated damages;
(4) the commission's authority to review and approve a
provider's statement of terms and conditions under 47 U.S.C.
252(f);
(5) a provider's ability to file a complaint with the commission
to have a dispute decided by the commission:
(A) after notice and hearing; and
(B) in accordance with this article; or
(6) the commission's authority to resolve an interconnection
dispute between providers under the expedited procedures set
forth in 170 IAC 7-7.
(c) If a provider's rates and charges for intrastate switched or
special access service are:
(1) at issue in a dispute that the commission is authorized to
mediate, arbitrate, or otherwise determine under state or federal
law; or
(2) included in an interconnection agreement or a statement of
terms and conditions that the commission is authorized to
review or approve under state or federal law;
the commission shall consider the provider's rates and charges for
intrastate switched or special access service to be just and reasonable
if the intrastate rates and charges mirror the provider's interstate rates
and charges for switched or special access service.
(d) If the commission requires a provider to file a tariff for
intrastate switched access service, special access service, or any
other service, the filing of the tariff with the commission serves as
the public notice of the filing of the tariff. The commission shall
provide the public with notice of tariff filings through the
commission's Internet web site or other electronic means.
As added by P.L.27-2006, SEC.18. Amended by P.L.256-2013,
SEC.5.
IC 8-1-2.6-2
Rules and orders of the commission; notice and hearing;
underlying policies; determination of public interest
Sec. 2. (a) This section applies to rules and orders that:
(1) concern telecommunications service or providers of
telecommunications service; and
(2) may be adopted or issued by the commission under the
authority of state or federal law.
(b) Rules and orders described in this section:
(1) may be adopted or issued only after notice and hearing,
unless:
(A) the commission determines in accordance with
IC 8-1-2-113 that an emergency exists that requires the
commission or a provider to take immediate action to:
(i) prevent injury to the business or interests of the citizens
of Indiana; or
(ii) maintain a provider's financial integrity and ability to
provide adequate basic telecommunications service;
(B) the commission is authorized under IC 8-1-2 to adopt a
particular rule or issue a particular order without the
necessity of a hearing; or
(C) after receiving notice of the commission's proposed
action, all parties to a proceeding consent to the commission
taking action without a hearing; and
(2) must be:
(A) consistent with this chapter; and
(B) in the public interest, as determined by the commission
under subsection (d).
(c) Rules and orders described in this section must promote one
(1) or more of the following:
(1) Cost minimization for providers to the extent that a
provider's quality of service and facilities are not diminished.
(2) A more accurate evaluation by the commission of a
provider's physical or financial conditions or needs as well as a
less costly regulatory procedure for either the provider, the
provider's customers, or the commission.
(3) Consumer access to affordable basic telecommunications
service.
(4) Development of depreciation guidelines and procedures that
recognize technological obsolescence.
(5) Increased provider management efficiency beneficial to
customers.
(6) Regulation consistent with a competitive environment.
(d) In determining whether the public interest will be served, as
required under subsection (b), the commission shall consider:
(1) whether technological change, competitive forces, or
regulation by other state and federal regulatory bodies render
the exercise of jurisdiction by the commission unnecessary or
wasteful;
(2) whether the exercise of commission jurisdiction produces
tangible benefits to the customers of providers; and
(3) whether the exercise of commission jurisdiction inhibits a
regulated entity from competing with unregulated providers of
functionally similar telecommunications services or equipment.
(e) This section does not affect the commission's authority under
IC 8-1-2-5.
As added by P.L.92-1985, SEC.1. Amended by P.L.27-2006, SEC.19.
IC 8-1-2.6-3
Repealed
(Repealed by P.L.27-2006, SEC.61.)
IC 8-1-2.6-4 Version a
Regulatory flexibility committee; legislative standing committees;
subject matter jurisdiction; reports
Note: This version of section effective until 7-1-2013. See also
following version of this section, effective 7-1-2013.
Sec. 4. (a) A regulatory flexibility committee is established to
monitor competition in the telecommunications industry.
(b) The committee is composed of the members of a house
standing committee selected by the speaker of the house of
representatives and a senate standing committee selected by the
president pro tempore of the senate. In selecting standing committees
under this subsection, the speaker and president pro tempore shall
determine which standing committee of the house of representatives
and the senate, respectively, has subject matter jurisdiction that most
closely relates to the electricity, gas, energy policy, and
telecommunications jurisdiction of the regulatory flexibility
committee. The chairpersons of the standing committees selected
under this subsection shall co-chair the regulatory flexibility
committee.
(c) Subject to subsection (f), the commission shall, by July 1 of
each year, prepare for presentation to the regulatory flexibility
committee a report that includes the following:
(1) An analysis of the effects of competition and technological
change on universal service and on pricing of all
telecommunications services offered in Indiana.
(2) An analysis of the status of competition and technological
change in the provision of video service (as defined in
IC 8-1-34-14) to Indiana customers, as determined by the
commission in carrying out its duties under IC 8-1-34. The
commission's analysis under this subdivision may include a
description of:
(A) the number of multichannel video programming
distributors offering video service to Indiana customers;
(B) the technologies used to provide video service to Indiana
customers; and
(C) the effects of competition on the pricing and availability
of video service in Indiana.
(3) Beginning with the report due July 1, 2007, and in each
report due in an odd-numbered year after July 1, 2007:
(A) an identification of all telecommunications rules and
policies that are eliminated by the commission under section
4.1 of this chapter during the two (2) most recent state fiscal
years; and
(B) an explanation why the telecommunications rules and
policies identified under clause (A) are no longer in the
public interest or necessary to protect consumers.
This subdivision expires June 30, 2013.
(4) Best practices concerning vertical location of underground
facilities for purposes of IC 8-1-26. A report under this
subdivision must address the viability and economic feasibility
of technologies used to vertically locate underground facilities.
(d) In addition to reviewing the commission report prepared under
subsection (c), the regulatory flexibility committee may also issue a
report and recommendations to the legislative council by November
1 of each year that is based on a review of the following issues:
(1) The effects of competition and technological change in the
telecommunications industry and impact of competition on
available subsidies used to maintain universal service.
(2) The status of modernization of the publicly available
telecommunications infrastructure in Indiana and the incentives
required to further enhance this infrastructure.
(3) The effects on economic development and educational
opportunities of the modernization described in subdivision (2).
(4) The current methods of regulating providers, at both the
federal and state levels, and the effectiveness of the methods.
(5) The economic and social effectiveness of current
telecommunications service pricing.
(6) All other telecommunications issues the committee deems
appropriate.
The report and recommendations issued under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
(e) The regulatory flexibility committee shall meet on the call of
the co-chairpersons to study telecommunications issues described in
subsection (d). The committee shall, with the approval of the
commission, retain the independent consultants the committee
considers appropriate to assist the committee in the review and study.
The expenses for the consultants shall be paid by the commission.
(f) If the commission requests a communications service provider
(as defined in section 13(b) of this chapter) to provide information
for the commission to use in preparing a report under this section, the
request must be limited to public information provided to the Federal
Communications Commission and may be required to be provided
only in the form in which it is provided to the Federal
Communications Commission. However, the commission may
request any public information from a communications service
provider (as defined in section 13(b) of this chapter) upon a request
from the committee's co-chairpersons that specifically enumerates
the public information sought.
As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.33;
P.L.55-1992, SEC.1; P.L.224-2003, SEC.277; P.L.28-2004, SEC.71;
P.L.27-2006, SEC.20; P.L.62-2009, SEC.1; P.L.256-2013, SEC.6.
IC 8-1-2.6-4 Version b
Regulatory flexibility committee; membership; reports; meetings;
consultants; information from communications service providers
Note: This version of section effective 7-1-2013. See also
preceding version of this section, effective until 7-1-2013.
Sec. 4. (a) A regulatory flexibility committee is established to
monitor competition in the telecommunications industry.
(b) The committee is composed of the members of a house
standing committee selected by the speaker of the house of
representatives and a senate standing committee selected by the
president pro tempore of the senate. In selecting standing committees
under this subsection, the speaker and president pro tempore shall
determine which standing committee of the house of representatives
and the senate, respectively, has subject matter jurisdiction that most
closely relates to the electricity, gas, energy policy, and
telecommunications jurisdiction of the regulatory flexibility
committee. The chairpersons of the standing committees selected
under this subsection shall co-chair the regulatory flexibility
committee.
(c) Subject to subsection (f), the commission shall, by July 1 of
each year, report to the regulatory flexibility committee on the
following:
(1) The effects of competition and technological change on
universal service and on pricing of all telecommunications
services offered in Indiana.
(2) The status of competition and technological change in the
provision of video service (as defined in IC 8-1-34-14) available
to Indiana customers, as including the following information:
(A) The number of multichannel video programming
distributors offering video service to Indiana customers.
(B) The technologies used to provide video service to
Indiana customers.
(C) The advertised programming and pricing options offered
by video service providers to Indiana customers.
(3) Beginning with the report due July 1, 2007, and in each
report due in an odd-numbered year after July 1, 2007:
(A) an identification of all telecommunications rules and
policies that are eliminated by the commission under section
4.1 of this chapter during the two (2) most recent state fiscal
years; and
(B) an explanation why the telecommunications rules and
policies identified under clause (A) are no longer in the
public interest or necessary to protect consumers.
This subdivision expires June 30, 2013.
(4) Best practices concerning vertical location of underground
facilities for purposes of IC 8-1-26. A report under this
subdivision must address the viability and economic feasibility
of technologies used to vertically locate underground facilities.
(d) In addition to reviewing the commission report prepared under
subsection (c), the regulatory flexibility committee may also issue a
report and recommendations to the legislative council by November
1 of each year that is based on a review of the following issues:
(1) The effects of competition and technological change in the
telecommunications industry and impact of competition on
available subsidies used to maintain universal service.
(2) The status of modernization of the publicly available
telecommunications infrastructure in Indiana and the incentives
required to further enhance this infrastructure.
(3) The effects on economic development and educational
opportunities of the modernization described in subdivision (2).
(4) The current methods of regulating providers, at both the
federal and state levels, and the effectiveness of the methods.
(5) The economic and social effectiveness of current
telecommunications service pricing.
(6) All other telecommunications issues the committee deems
appropriate.
The report and recommendations issued under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
(e) The regulatory flexibility committee shall meet on the call of
the co-chairpersons to study telecommunications issues described in
subsection (d). The committee shall, with the approval of the
commission, retain the independent consultants the committee
considers appropriate to assist the committee in the review and study.
The expenses for the consultants shall be paid by the commission.
(f) If the commission requests a communications service provider
(as defined in section 13(b) of this chapter) to provide information
for the commission to use in preparing a report under this section, the
request must be limited to public information provided to the Federal
Communications Commission and may be required to be provided
only in the form in which it is provided to the Federal
Communications Commission. However, the commission may
request any public information from a communications service
provider (as defined in section 13(b) of this chapter) upon a request
from the committee's co-chairpersons that specifically enumerates
the public information sought.
As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.33;
P.L.55-1992, SEC.1; P.L.224-2003, SEC.277; P.L.28-2004, SEC.71;
P.L.27-2006, SEC.20; P.L.62-2009, SEC.1; P.L.256-2013, SEC.6;
P.L.241-2013, SEC.1.
IC 8-1-2.6-4.1
Commission's biennial elimination of obsolete telecommunications
rules; notification to customer switching from basic to nonbasic
telecommunications service; expiration
Sec. 4.1. (a) Not later than:
(1) July 1, 2007; and
(2) July 1 of each odd-numbered year after July 1, 2007;
the commission shall, through a rulemaking proceeding under
IC 4-22-2 or another commission proceeding, identify and eliminate
rules and policies concerning telecommunications service and
telecommunications service providers if the rules or policies are no
longer necessary in the public interest or for the protection of
consumers as the result of meaningful economic competition
between providers of telecommunications services.
(b) Not later than July 1, 2007, the commission shall adopt rules
under IC 4-22-2 to require a telecommunications service provider, at
any time the provider communicates with a residential customer
about changing the customer's basic telecommunications service to
nonbasic telecommunications service, to notify the residential
customer of:
(1) the option of basic telecommunications service; and
(2) any regulatory protections, including pricing or quality of
service protections, that the residential customer would forego
by switching to nonbasic telecommunications service.
This subsection expires June 30, 2013.
(c) A rule adopted under subsection (b) (before its expiration on
June 30, 2013) is void after June 30, 2013.
(d) In carrying out this section, the commission shall promote the
policies and purposes set forth in this chapter. Beginning in 2007,
and in each odd-numbered year after 2007, the commission's annual
report to the regulatory flexibility committee under section 4 of this
chapter must:
(1) identify any regulation or policy eliminated by the
commission under this section during the two (2) most recent
state fiscal years; and
(2) explain why the regulation or policy is no longer in the
public interest or necessary to protect consumers.
This subsection expires June 30, 2013.
As added by P.L.27-2006, SEC.21. Amended by P.L.256-2013,
SEC.7.
IC 8-1-2.6-5
Repealed
(Repealed by P.L.27-2006, SEC.61.)
IC 8-1-2.6-6
Repealed
(Repealed by P.L.27-2006, SEC.62.)
IC 8-1-2.6-7
Repealed
(Repealed by P.L.27-2006, SEC.61.)
IC 8-1-2.6-8
Repealed
(Repealed by P.L.256-2013, SEC.8.)
IC 8-1-2.6-12
Repealed
(Repealed by P.L.256-2013, SEC.9.)
IC 8-1-2.6-13
Commission's jurisdiction; reporting requirements
Sec. 13. (a) As used in this section, "communications service" has
the meaning set forth in IC 8-1-32.5-3.
(b) As used in this section, "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).
(c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
commission may do the following, except as otherwise provided in
this subsection:
(1) Enforce the terms of a settlement agreement approved by the
commission before July 29, 2004. The commission's authority
under this subdivision continues for the duration of the
settlement agreement.
(2) Fulfill the commission's duties under IC 8-1-2.8 concerning
the provision of dual party relay services to deaf, hard of
hearing, and speech impaired persons in Indiana.
(3) Fulfill 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.
(4) Fulfill the commission's responsibilities under IC 8-1-29 to
adopt and enforce rules 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.
(5) Fulfill the commission's obligations 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.
(6) Perform any of the functions described in section 1.5(b) of
this chapter.
(7) Perform the commission's responsibilities under IC 8-1-32.5
to:
(A) issue; and
(B) maintain records of;
certificates of territorial authority for communications service
providers offering communications service to customers in
Indiana.
(8) Perform the commission's responsibilities under IC 8-1-34
concerning the issuance of certificates of franchise authority to
multichannel video programming distributors offering video
service to Indiana customers.
(9) Require a communications service provider, other than a
provider of commercial mobile service (as defined in 47 U.S.C.
332), to report to the commission on an annual basis, or more
frequently at the option of the provider, and subject to section
4(f) of this chapter, any information needed by the commission
to prepare the commission's report to the regulatory flexibility
committee under section 4 of this chapter.
(10) Perform the commission's duties under IC 8-1-32.4 with
respect to telecommunications providers of last resort, to the
extent of the authority delegated to the commission under
federal law to perform those duties.
(11) Perform the commission's duties under IC 8-1-2-5 with
respect to interconnection.
(12) Collect and maintain from a communications service
provider the following information:
(A) The address of the provider's Internet web site.
(B) All toll free telephone numbers and other customer
service telephone numbers maintained by the provider for
receiving customer inquiries and complaints.
(C) An address and other contact information for the
provider, including any telephone number not described in
clause (B).
The commission shall make any information submitted by a
provider under this subdivision available on the commission's
Internet web site. The commission may also make available on
the commission's Internet web site contact information for the
Federal Communications Commission and the Cellular
Telephone Industry Association.
(13) Fulfill the commission's duties under any state or federal
law concerning the administration of any universally applicable
dialing code for any communications service.
(d) The commission does not have jurisdiction over any of the
following with respect to a communications service provider:
(1) Rates and charges for communications service provided by
the communications service provider, including the filing of
schedules or tariffs setting forth the provider's rates and
charges.
(2) Depreciation schedules for any of the classes of property
owned by the communications service provider.
(3) Quality of service provided by the communications service
provider.
(4) Long term financing arrangements or other obligations of
the communications service provider.
(5) Except as provided in subsection (c), any other aspect
regulated by the commission under this title before July 1, 2009.
(e) The commission has jurisdiction over a communications
service provider only to the extent that jurisdiction is:
(1) expressly granted by state or federal law, including:
(A) a state or federal statute;
(B) a lawful order or regulation of the Federal
Communications Commission; or
(C) an order or a ruling of a state or federal court having
jurisdiction; or
(2) necessary to administer a federal law for which regulatory
responsibility has been delegated to the commission by federal
law.
As added by P.L.27-2006, SEC.24. Amended by P.L.1-2007, SEC.72;
P.L.109-2012, SEC.2; P.L.256-2013, SEC.10.
IC 8-1-2.6-14
Payment of switched network access rates and other carrier
compensation not affected
Sec. 14. This chapter does not affect the rights and obligations of
any person or entity concerning the payment of switched network
access rates or other carrier compensation concerning:
(1) Internet Protocol enabled services;
(2) advanced services (as defined in 47 CFR 51.5);
(3) broadband service; or
(4) other Internet access services.
As added by P.L.27-2006, SEC.25.
IC 8-1-2.6-15
Statutory conflicts
Sec. 15. If there is a conflict between this chapter and another
provision of this article, this chapter controls.
As added by P.L.27-2006, SEC.26. Amended by P.L.256-2013,
SEC.11.
IC 8-1-2.6-16
Rates charged by incumbent local exchange carriers to payphone
service providers
Sec. 16. (a) As used in this section, "payphone service provider"
means an entity, other than an incumbent local exchange carrier, that
owns and operates:
(1) public or semipublic pay telephones; or
(2) pay telephones used to provide telephone service in
correctional institutions.
(b) Notwithstanding any other statute, the commission shall retain
jurisdiction to establish just and reasonable rates that may be charged
by an incumbent local exchange carrier to a payphone service
provider. Rates established under this section must be:
(1) based on the costs incurred by the incumbent local exchange
carrier to provide the service;
(2) consistent with the requirements of 47 U.S.C. 276;
(3) nondiscriminatory; and
(4) consistent with the pricing guidelines for payphone service
providers established by the Federal Communications
Commission.
As added by P.L.27-2006, SEC.27.
IC 8-1-2.6-17
Delegation of authority to grant numbering requests
Sec. 17. The commission may delegate to staff the authority to
grant requests for numbering resources submitted through the safety
valve process established by the Federal Communications
Commission as provided In the Matter of Numbering Resource
Optimization: Implementation of the Local Competition Provisions
of the Telecommunications Act of 1996, 17 FCC Rcd 252 (FCC
01-362, 2001). An action taken by commission staff under this
section is appealable to the commission.
As added by P.L.219-2011, SEC.1.
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