2013 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 1. UTILITIES GENERALLY CHAPTER 29. TELECOMMUNICATIONS CUSTOMERS
Download as PDF
IC 8-1-29
Chapter 29. Telecommunications Customers
IC 8-1-29-1
"Customer" defined
Sec. 1. As used in this chapter, "customer" means a person to
whom telecommunications services are provided.
As added by P.L.92-1998, SEC.2.
IC 8-1-29-1.3
"Letter of agency" defined
Sec. 1.3. As used in this chapter, "letter of agency" means a
written statement that a customer signs that authorizes a change to
that customer's primary interexchange carrier or primary local
exchange carrier.
As added by P.L.135-1999, SEC.1.
IC 8-1-29-1.5
"Preferred carrier change order" defined
Sec. 1.5. As used in this chapter, "preferred carrier change order"
means a request to change a customer's telecommunications provider.
As added by P.L.135-1999, SEC.2.
IC 8-1-29-2
"Telecommunications" defined
Sec. 2. As used in this chapter, "telecommunications" means the
electronic transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information sent and received. The term does
not include commercial mobile radio service (as defined in 47 U.S.C.
332).
As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.3.
IC 8-1-29-3
"Telecommunications provider" defined
Sec. 3. As used in this chapter, "telecommunications provider"
means a person that provides telecommunications service.
As added by P.L.92-1998, SEC.2.
IC 8-1-29-4
"Telecommunications service" defined
Sec. 4. As used in this chapter, "telecommunications service"
means making telecommunications available to the public for a fee.
As added by P.L.92-1998, SEC.2.
IC 8-1-29-5
Unauthorized switching of providers or billing for services
Sec. 5. A customer of a telecommunications provider may not be:
(1) switched to another telecommunications provider unless the
customer authorizes the switch; or
(2) billed for services by a telecommunications provider that
without the customer's authorization added the services to the
customer's service order.
As added by P.L.92-1998, SEC.2.
IC 8-1-29-5.5
Confirmation of preferred carrier change order required
Sec. 5.5. A telecommunications provider may not submit a
preferred carrier change order unless the order has first been
confirmed in accordance with one (1) of the following procedures:
(1) The telecommunications provider has obtained the
customer's written authorization through a letter of agency.
(2) The telecommunications provider has obtained the
customer's electronic authorization:
(A) to submit a preferred carrier change order; and
(B) placed from a telephone number on which the
telecommunications service is to be changed.
A call to the telecommunications provider under this
subdivision must connect the customer to a voice response unit
or a similar mechanism that records the required information
regarding the preferred carrier change, including automatically
recording the automatic number identification.
(3) An appropriately qualified and independent third party has
obtained the customer's oral authorization to submit the
preferred carrier change order. Such an authorization must
confirm and include appropriate verification of the customer's
identity.
(4) Any other procedure approved by the commission.
As added by P.L.135-1999, SEC.4.
IC 8-1-29-6
Adoption of rules
Sec. 6. The commission shall adopt rules under IC 4-22-2 to
implement IC 8-1-29-5.5. The commission's rules shall ensure that a
customer of a telecommunications provider is not:
(1) switched to another telecommunications provider without
the customer's authorization; or
(2) billed for additional services by a telecommunications
provider that without the customer's authorization added the
services to the customer's service order.
The rules adopted under this section must be consistent with rules
adopted by the Federal Communications Commission concerning
verification procedures for the switching of a customer's
telecommunications provider.
As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.5.
IC 8-1-29-7
Complaints; hearings
Sec. 7. A complaint may be filed with the commission by any of
the following:
(1) A customer of a telecommunications provider who has been:
(A) switched by one (1) telecommunications provider to
another telecommunications provider without the customer's
authorization; or
(B) billed for services by a telecommunications provider that
without the customer's authorization added the services to
the customer's service order.
(2) A telecommunications provider that has been removed as a
customer's telecommunications provider without the customer's
authorization.
(3) The commission on its own motion.
(4) The office of the utility consumer counselor.
A hearing held on a complaint filed under this section must be
consistent with IC 8-1-1-8.
As added by P.L.92-1998, SEC.2. Amended by P.L.135-1999, SEC.6.
IC 8-1-29-7.5
Civil penalties
Sec. 7.5. (a) If after notice and hearing the commission finds that
a telecommunications provider has violated:
(1) section 5 of this chapter; or
(2) rules adopted under section 6 of this chapter;
the commission may impose a civil penalty of not more than two
thousand five hundred dollars ($2,500) for each offense.
(b) The secretary of the commission shall deposit civil penalties
collected under subsection (a) in the state general fund.
As added by P.L.65-1999, SEC.1.
IC 8-1-29-8
Referral of violations to attorney general as deceptive acts
Sec. 8. The commission may refer a violation of section 5 of this
chapter or rules adopted under section 6 of this chapter to the
attorney general as a deceptive act. If a violation of section 5 of this
chapter or rules adopted under section 6 of this chapter is referred to
the attorney general as a deceptive act, the person who commits the
violation commits a deceptive act that is actionable by the attorney
general and the customer and is subject to the remedies and penalties
under IC 24-5-0.5.
As added by P.L.92-1998, SEC.2.
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
