Bill Text: IN SB0492 | 2013 | Regular Session | Introduced
Bill Title: Various telecommunications matters.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-05-13 - Public Law 256 [SB0492 Detail]
Download: Indiana-2013-SB0492-Introduced.html
Citations Affected: IC 8-1.
Synopsis: Various telecommunications matters. Deletes expired
provisions concerning rate transition periods for telecommunications
service providers. Provides that a tariff filed by a telecommunications
service provider as required by the utility regulatory commission
(IURC) takes effect upon filing. Provides that the regulatory flexibility
committee (committee) may request the IURC to report to the
committee in odd-numbered years. (Current law requires the IURC to
make a report every year.) Repeals statutes concerning: (1) rate
reduction programs; and (2) certain settlement agreements. Deletes
certain reporting requirements of communications service providers to
the commission. Repeals a chapter concerning telephone caller
identification services. Repeals the Indiana lifeline assistance program.
Makes conforming amendments.
Effective: Upon passage; June 30, 2013; July 1, 2013.
January 14, 2013, read first time and referred to Committee on Utilities.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
(b) The commission shall before August 15 of each year prepare for presentation to the regulatory flexibility committee an analysis of the effects of competition or changes in the energy utility industry on service and on the pricing of all energy utility services under the jurisdiction of the commission.
(c) In addition to reviewing the commission report prepared under subsection (b), the regulatory flexibility committee shall also issue a report and recommendations to the legislative council before November 1 of each year that are based on a review of the following issues:
(1) The effects of competition or changes in the energy utility industry and the impact of the competition or changes on the
residential rates.
(2) The status of modernization of the energy utility facilities in
Indiana and the incentives required to further enhance this
infrastructure.
(3) The effects on economic development of this modernization.
(4) The traditional method of regulating energy utilities and the
method's effectiveness.
(5) The economic and social effectiveness of traditional energy
utility service pricing.
(6) The effects of legislation enacted by the United States
Congress.
(7) All other energy utility issues the committee considers
appropriate; however, it is not the intent of this section to provide
for the review of the statutes cited in section 11 of this chapter.
The report and recommendations issued under this subsection to the
legislative council must be in an electronic format under IC 5-14-6.
(d) This section:
(1) does not give a party to a collective bargaining agreement any
greater rights under the agreement than the party had before
January 1, 1995;
(2) does not give the committee the authority to order a party to
a collective bargaining agreement to cancel, terminate, amend or
otherwise modify the collective bargaining agreement; and
(3) may not be implemented by the committee in a way that would
give a party to a collective bargaining agreement any greater
rights under the agreement than the party had before January 1,
1995.
(e) The regulatory flexibility committee shall meet on the call of the
co-chairs to study energy utility issues described in subsection (c). The
committee shall, with the approval of the commission, retain
independent consultants the committee considers appropriate to assist
the committee in the review and study. The expenses for the
consultants shall be paid with funds from the public utility fees
assessed under IC 8-1-6.
(f) The legislative services agency shall provide staff support to the
committee.
(g) Each member of the committee is entitled to receive the same
per diem, mileage, and travel allowances paid to individuals who serve
as legislative members of interim study committees established by the
legislative council.
JULY 1, 2013]: Sec. 1.3. (a) As used in this section, "broadband
service" means a connection to the Internet that provides capacity for
transmission at an average speed of at least one and one-half (1.5)
megabits per second downstream and at least three hundred eighty-four
(384) kilobits per second upstream, regardless of the technology or
medium used to provide the connection. The term includes a
connection to the Internet provided by wireless technology, copper
wire, fiber optic cable, coaxial cable, broadband over power lines, or
other facilities or future technologies. The term does not include any of
the following:
(1) Value added services in which computer processing
applications are used to act on the form, content, code, or protocol
of any information transmitted.
(2) Value added services providing text, graphic, video, or audio
program content for a purpose other than transmission.
(3) The transmission of video programming or other
programming:
(A) provided by; or
(B) generally considered comparable to programming
provided by;
a television broadcast station or a radio broadcast station,
including cable TV, direct broadcast satellite, and digital
television.
(4) A connection to the Internet provided through satellite
technology.
(b) As used in this section, "rate transition period" refers to the
period beginning March 28, 2006, and ending June 30, 2009, during
which a provider may act under this section to increase the provider's
flat monthly rate for basic telecommunications service offered in one
(1) or more local exchange areas in Indiana.
(c) This subsection applies to a provider that offers basic
telecommunications service in one (1) or more local exchange areas in
Indiana on March 27, 2006. Subject to subsection (e), during the rate
transition period, a provider may act without the prior approval of the
commission to increase the provider's flat monthly rate for basic
telecommunications service in any local exchange area in which the
provider offers basic telecommunications service on March 27, 2006.
Subject to subsection (h), a provider may increase the provider's flat
monthly rate for basic telecommunications service in a local exchange
area as follows:
(1) The provider may increase the flat monthly rate not more
frequently than once during each successive twelve (12) month
period during the period beginning March 28, 2006, and ending
June 30, 2009. The amount of any increase in the flat monthly rate
imposed during a twelve (12) month period described in this
subdivision may not exceed one dollar ($1). If a provider:
(A) does not impose an increase during any twelve (12) month
period described in this subdivision; or
(B) imposes an increase less than the maximum one dollar
($1) increase allowed under this subdivision during any twelve
(12) month period described in this subdivision;
the provider may not impose the unused increase in any
subsequent twelve (12) month period described in this
subdivision.
(2) The provider may increase the flat monthly rate not more
frequently than three (3) times during the entire rate transition
period. The amount of the total increase in the flat monthly rate
during the transition period may not exceed three dollars ($3), as
calculated based on the flat monthly rate in effect in the local
exchange area on March 27, 2006.
The provider shall provide the commission and all affected customers
thirty (30) days advance notice of each rate increase under this
subsection.
(d) This subsection applies to a provider that, at any time during the
rate transition period, begins offering basic telecommunications service
in a local exchange area in Indiana in which the provider did not offer
basic telecommunications service on March 27, 2006. In accordance
with the procedures set forth in IC 8-1-2, the commission shall approve
the initial rates and charges for basic telecommunications service first
offered by the provider in a local exchange area at any time during the
rate transition period. Subject to subsections (e) and (h), beginning
twelve (12) months after the commission approves the initial rates and
charges for the local exchange area, the provider may increase the
initial flat monthly rate for basic telecommunications service in
accordance with subsection (c). However, subsection (c)(2) does not
apply to a rate increase under this subsection. The provider may not
increase the flat monthly rate under this subsection during the rate
transition period more frequently than the number of twelve (12) month
periods remaining in the rate transition period at the time the provider
is first eligible to increase the initial flat monthly rate under this
subsection. The amount of the total increase in the flat monthly rate
during the rate transition period may not exceed the product of:
(1) one dollar ($1); multiplied by
(2) the number of twelve (12) month periods remaining in the rate
transition period at the time the provider is first eligible to
increase the initial flat monthly rate under this subsection.
The provider shall provide the commission and all affected customers
thirty (30) days advance notice of each rate increase under this
subsection.
(e) This subsection applies to a provider that acts under subsection
(c) or (d) to increase the provider's flat monthly rate for basic
telecommunications service in a local exchange area in Indiana. Not
later than eighteen (18) calendar months after the provider's first rate
increase in the local exchange area under subsection (c) or (d), the
provider must offer broadband service to at least fifty percent (50%) of
the households located in the local exchange area, at the average
speeds set forth in subsection (a), as determined by the commission
after notice and an opportunity for hearing. The commission may
extend the eighteen (18) month period allowed under this subsection
by not more than nine (9) additional calendar months for good cause
shown by the provider. The commission shall hold a hearing and make
a finding as to whether the provider offers broadband service to at least
fifty percent (50%) of the households in the local exchange area not
later than the earlier of the following:
(1) Ninety (90) days after a request by the provider for a hearing
and determination by the commission. The provider may request
a hearing and determination under this subdivision at any time
before the expiration of:
(A) the eighteen (18) month period allowed by this subsection;
or
(B) any extension of the eighteen (18) month period allowed
by the commission under this subsection.
(2) Ninety (90) days after the expiration of:
(A) the eighteen (18) month period allowed by this subsection;
or
(B) any extension of the eighteen (18) month period allowed
by the commission under this subsection;
if the provider does not request a hearing and determination under
subdivision (1).
(f) If, after a hearing under subsection (e), the commission
determines that the provider does not offer broadband service to at least
fifty percent (50%) of the households in the local exchange area not
later than eighteen (18) months after the provider's first rate increase
in the local exchange area under subsection (c) or (d), the commission
may require the provider to:
(1) refund to customers; or
(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.
(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:
(1) the tariff takes effect upon filing; and
(2) filing the tariff with the commission serves as notice of
filing of the tariff.
(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) The cochairpersons of the committee may request the commission to prepare a report under this subsection in each odd-numbered year. The request must be made not later than February 15 in each odd-numbered year. However, the request in 2013 must be made not later than June 30, 2013. If a request is made, the commission shall, by July 1 of
(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
(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: 2013:
(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.
(4) Beginning with the report due July 1, 2010, 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 shall 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.
(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.
(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.
statute, a provider may participate in any rate reduction program for
residential customers funded from revenues provided by any
governmental entity or other revenues administered by an agency of
that entity.
(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).
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) (4) 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) (5) Perform any of the functions described in section 1.5(b) of
this chapter.
(7) After June 30, 2009, (6) 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) (7) 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) After June 30, 2009, (8) 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, any
of the following information:
(A) Service quality goals and performance data. The
commission shall make any information or data submitted
under this subsection available:
(i) for public inspection and copying at the offices of the
commission under IC 5-14-3; and
(ii) electronically through the computer gateway
administered by the office of technology established by
IC 4-13.1-2-1;
to the extent the information or data are not exempt from
public disclosure under IC 5-14-3-4(a).
(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.
(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
(f)
(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.
commission may exercise jurisdiction over a surviving corporation or
successor corporation formed under this chapter only to do the
following:
(1) Ensure compliance with IC 8-1-2.8 concerning the provision
of dual party relay services to deaf, hard of hearing, 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 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) (9) 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) (10) Perform the commission's duties under IC 8-1-2.3 with
respect to assigned service areas for electricity suppliers.
(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.