Bill Text: IN SB0308 | 2012 | Regular Session | Introduced
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-Introduced.html
Citations Affected: IC 8-1-32.4.
Synopsis: Telecommunications providers of last resort. Provides that
upon notice to the utility regulatory commission (IURC) by an
incumbent local exchange carrier that is the provider of last resort in
one 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
communications service providers (one of which may be the incumbent
local exchange carrier) offering a voice service through any technology
or medium. Provides that after June 30, 2013, upon notice to the IURC
by an incumbent local exchange carrier that is the provider of last
resort in one 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 its notice. Specifies that relief from a provider of last
resort obligation does not affect an incumbent local exchange carrier's
obligations under federal law. Specifies that for purposes of existing
law that requires the IURC to determine, under certain circumstances,
a successor provider for an area in which an exiting provider ceases
operations, the IURC may not designate as the successor provider an
incumbent local exchange carrier that has provided notice for relief
from its provider of last resort obligations with respect to the area.
Amends references to federal telecommunications law made obsolete
by amendments to the federal law.
Effective: July 1, 2012.
January 5, 2012, read first time and referred to Committee on Utilities & Technology.
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
service" means the provision of telephone exchange service (as defined
in 47 U.S.C. 153(47)) 47 U.S.C. 153) or exchange access (as defined
in 47 U.S.C. 153(16)). 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.
(1) the commission receives notice of an exiting provider's decision to cease operation in all or part of the service area covered by the provider's certificate of territorial authority; and
(2) there is not another provider that:
(A) holds a certificate of territorial authority in the area; and
(B) has facilities sufficient to provide basic telecommunications service in the area;
the commission shall conduct a formal proceeding to determine the successor provider for the area.
(b) After determining the successor provider for the affected area under subsection (a), the commission shall, if applicable, allow the following with respect to the successor provider:
(1) A reasonable time, determined by the commission and in accordance with industry practices, in which to:
(A) modify, construct, or obtain the facilities; or
(B) deploy an approved alternative technology;
necessary to serve the customers of the exiting provider.
(2) A temporary exemption from any lawful obligation to unbundle the successor provider's network elements. The exemption under this subdivision shall continue for a period determined by the commission to be reasonably necessary to allow the successor provider to:
(A) modify, construct, or obtain the facilities; or
(B) deploy an alternative technology;
that will allow the successor provider to serve the customers of
the exiting provider.
(3) A temporary exemption from any lawful obligation to provide
telecommunications service for resale within the affected area.
The exemption under this subdivision shall continue for a period
determined by the commission to be reasonably necessary to
allow the successor provider to:
(A) modify, construct, or obtain the facilities; or
(B) deploy an alternative technology;
that will allow the successor provider to serve the customers of
the exiting provider.
(c) The successor provider is entitled to obtain funding from a state
universal service fund to support the provider's assumption of
obligations as the provider of last resort for the area. This section does
not prohibit a provider from voluntarily:
(1) serving customers in the affected area; or
(2) purchasing the facilities of the exiting provider.
(d) A customer within the defined geographic area to be served by
the successor provider is considered to have applied for basic
telecommunications service from the successor provider on the
effective date of the commission's designation of the successor
provider. Each right, privilege, and obligation applicable to customers
of the successor provider applies to a customer transferred to the
successor provider under this section. A customer transferred to the
successor provider under this section is subject to the successor
provider's terms of service as specified in an applicable tariff or
contract. This section does not prohibit a customer from seeking, at any
time, service from a provider other than the successor provider.
(e) If:
(1) an incumbent local exchange carrier has provided notice
to the commission under section 17 of this chapter for relief
from its obligation as the provider of last resort in any part of
the incumbent local exchange carrier's service area identified
in the notice; and
(2) the commission determines it is necessary to designate a
successor provider for the identified area because there is not
another provider that:
(A) holds a certificate of territorial authority in the area;
and
(B) has facilities sufficient to provide basic
telecommunications service in the area;
the commission, in determining a successor provider for the
area under this section, may not designate the incumbent local
exchange carrier as the successor provider.
(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) Subject to section 14(e) of this chapter, after June 30, 2013, 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.
