Bill Text: IN SB0308 | 2012 | Regular Session | Amended
Bill Title: Telecommunications providers of last resort.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-02-09 - First reading: referred to Committee on Utilities and Energy [SB0308 Detail]
Download: Indiana-2012-SB0308-Amended.html
Citations Affected: IC 8-1.
Synopsis: Telecommunications providers of last resort. Amends
references to federal telecommunications law made obsolete by
amendments to the federal law. Repeals the statute that requires the
utility regulatory commission (IURC) to determine, under certain
circumstances, a successor local telephone exchange carrier for an area
in which an exiting local exchange carrier ceases operations. Makes
conforming amendments. For purposes of the statute that allows the
IURC to declare an emergency in an area in Indiana in which voice
service is not offered by a communications service provider, specifies
that if the IURC authorizes a provider to offer voice service in the area,
the IURC must permit the provider to offer the service through any
available technology or medium determined by the provider. Provides
that upon notice to the IURC by an incumbent local exchange carrier
(ILEC) that is the provider of last resort (POLR) in one or more parts
of the ILEC's service area, the ILEC is relieved of its obligation as the
POLR in any part of the ILEC's service area in which there are at least
two communications service providers (one of which may be the ILEC)
offering certain voice telephony services specified in federal
regulations. Provides that after June 30, 2014, upon notice to the IURC
by an ILEC that is the POLR in one or more parts of the ILEC's service
area, the ILEC is relieved of its POLR obligation with respect to any
part of its service area identified in its notice. Specifies that relief from
a POLR obligation does not affect an ILEC's obligations under federal
law.
Effective: July 1, 2012.
January 5, 2012, read first time and referred to Committee on Utilities & Technology.
January 26, 2012, amended, reported favorably _ Do Pass.
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.
(1) exclusively over facilities owned or leased by the carrier; or
(2) predominantly over facilities owned or leased by the carrier, in combination with the resale of the telecommunications service (as defined in
JULY 1, 2012]: Sec. 7. As used in this chapter, "local exchange carrier"
has the meaning set forth in 47 U.S.C. 153(26). 47 U.S.C. 153.
(1) IC 8-1-32.6-8;
(2) section 13 of this chapter;
(3) section 16 of this chapter; or
(4) section 17 of this chapter;
an incumbent local exchange carrier has the obligations of the provider of last resort. An incumbent local exchange carrier may meet the carrier's obligations under this section using any available technology.
proceeding under this section if the commission determines that:
(1) a facilities based local exchange carrier has a certificate of
territorial authority to provide local exchange service in a defined
geographic area;
(2) there is not another provider that:
(A) holds a certificate of territorial authority in the area; and
(B) has facilities sufficient to provide local exchange service
in the area; and
(3) the facilities based local exchange carrier has:
(A) ceased providing local exchange service to the customers
in the area; or
(B) abandoned the operation of the carrier's facilities in the
area that are used to provide local exchange service.
(b) In a proceeding under this section, (a) The commission may
declare in accordance with IC 8-1-2-113 that an emergency exists and
in an area in Indiana that is not served by any communications
service provider offering voice service through any technology or
medium. If the commission declares an emergency under this
section, the commission may issue any order necessary to protect the
health, safety, and welfare of affected customers residents or
businesses and to may expedite the restoration or continuation
availability of local exchange voice service to the affected customers.
An order issued under this subsection may: (1) provide for the
temporary operation of the facilities based local exchange carrier's
facilities by any provider, including a provider that has not been issued
a certificate of territorial authority by the commission; (2) authorize
one (1) or more third parties to enter the premises of any abandoned
facilities; or (3) grant temporary waivers from quality of service
requirements for any provider: (A) providing service under subdivision
(1); or (B) designated as a successor provider by the commission under
subsection (c). (c) Except as provided in IC 8-1-32.6-8 or section 16 of
this chapter, the commission may act under section 14 of this chapter
to designate a successor provider in any proceeding under this section.
residents or businesses.
(b) If the commission authorizes a communications service
provider to offer voice service under this section, the commission
shall permit the communications service provider to offer the voice
service through any available technology or medium determined
by the communications service provider.
commission by an incumbent local exchange carrier that is the
provider of last resort in one (1) or more parts of the incumbent
local exchange carrier's service area, the incumbent local exchange
carrier is relieved of its obligation as the provider of last resort in
any part of the incumbent local exchange carrier's service area in
which there are at least two (2) ETC eligible communications
service providers, one (1) of which may be the incumbent local
exchange carrier, offering a voice service through any technology
or medium, including any of the following:
(1) Wire communication (as defined in 47 U.S.C. 153).
(2) Internet Protocol enabled services.
(3) Commercial mobile service (as defined in 47 U.S.C. 332).
(b) After June 30, 2014, upon notice to the commission by an
incumbent local exchange carrier that is the provider of last resort
in one (1) or more parts of the incumbent local exchange carrier's
service area, the incumbent local exchange carrier is relieved of its
provider of last resort obligation with respect to any part of its
service area identified in the incumbent local exchange carrier's
notice to the commission under this subsection.
(c) Relief from a provider of last resort obligation under this
chapter does not affect an incumbent local exchange carrier's
obligations under federal law.
(d) As used in this section, "ETC eligible communications
service provider" means a communications service provider that
provides, using any available technology or medium, the voice
telephony services described in 47 CFR 54.101, regardless of
whether the communications service provider has been designated
as an eligible telecommunications carrier.
(1) Permits only one (1) communications service provider to install the provider's facilities or equipment during the construction or development phase of the multitenant real estate.
(2) Accepts or agrees to accept incentives or rewards that:
(A) are offered by a communications service provider to the owner, operator, developer, or occupants of the multitenant
real estate; and
(B) are contingent upon the provision of communications
service by that provider to the occupants of the multitenant
real estate, to the exclusion of any services provided by other
communications service providers.
(3) Collects from the occupants of the multitenant real estate any
charges for the provision of communications service to the
occupants, including charges collected through rent, fees, or dues.
(4) Enters into an agreement with a communications service
provider that is prohibited by section 7 of this chapter.
(b) This subsection applies to a communications service provider
that is relieved under subsection (a) of an obligation to provide
communications service to the occupants of multitenant real estate.
This section does not prohibit the communications service provider
from voluntarily offering service to the occupants of the multitenant
real estate. However, the commission shall not exercise jurisdiction
over the terms, conditions, rates, or availability of any communications
service voluntarily offered by a communications service provider under
this subsection.