Bill Text: IN SB0054 | 2011 | Regular Session | Enrolled
Bill Title: Local regulation of video service franchises.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0054 Detail]
Download: Indiana-2011-SB0054-Enrolled.html
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
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AN ACT to amend the Indiana Code concerning utilities.
(1) the commission is the sole franchising authority (as defined in 47 U.S.C. 522(10)) for the provision of video service in Indiana; and
(2) a unit may not:
(A) require a provider to obtain a separate franchise;
(B) impose any fee, gross receipt tax, licensing requirement, rate regulation, or build-out requirement on a provider;
(C) regulate a holder or provider; or
(D) establish, fund, or otherwise designate an agency, a board, or another subordinate entity to monitor, supervise, evaluate, or regulate the holder or 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.
(9) If the applicant will terminate an existing local franchise under
section 21(b) of this chapter, a copy of the written notice sent to
the municipality under section 21(c) of this chapter.
(10) Any other information the commission considers necessary
to:
(A) monitor the provision of video service to Indiana
customers; and
(B) prepare the commission's annual report to the regulatory
flexibility committee under IC 8-1-2.6-4.
This subsection does not empower the commission to require an
applicant to disclose confidential and proprietary business plans and
other confidential information without adequate protection of the
information. The commission shall exercise all necessary caution to
avoid disclosure of confidential information supplied under this
subsection.
(c) 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 17 of this chapter.
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