Bill Text: IN SB0480 | 2011 | Regular Session | Amended
Bill Title: Various communications matters.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0480 Detail]
Download: Indiana-2011-SB0480-Amended.html
Citations Affected: IC 8-1.
Synopsis: Various communications matters. Authorizes the utility
regulatory commission (IURC) to delegate authority to its staff to grant
certain requests concerning telephone numbers. Provides that actions
taken by the staff are appealable to the IURC. Specifies the information
that the IURC may require certain communications service providers
to include in applications for certificates of territorial authority.
Provides that the IURC may not require a provider of video services to
provide certain information concerning an applicant for a certificate of
video franchise authority more frequently than annually. Provides that
the IURC may not require a video service provider to disclose
identifying information at certain levels of specificity. Grants
jurisdiction to resolve certain matters concerning video service
franchises to the IURC rather than a court with jurisdiction.
Effective: July 1, 2011.
January 13, 2011, read first time and referred to Committee on Utilities & Technology.
February 14, 2011, reported favorably _ Do Pass.
February 17, 2011, read second time, amended, ordered engrossed.
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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A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
(1) Ensure compliance with IC 8-1-2.8 concerning the provision
of dual party relay services to hearing impaired 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 any act with respect to interconnection agreements or
disputes that the commission is authorized to 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) 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) Perform the commission's duties under IC 8-1-2.3 with
respect to assigned service areas for electricity suppliers.
(12) Issue:
(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.
(13) Determine territorial disputes between water utilities under
IC 8-1-2-86.5.
(1) The provider's legal name and any name under which the provider does or will do business in Indiana, as authorized by the secretary of state.
(2) The provider's address and telephone number, along with contact information for the person responsible for ongoing communications with the commission.
(3) The legal name, address, and telephone number of the provider's parent company, if any.
(4) A description of each service area in Indiana in which the provider proposes to offer communications service.
(5) For each service area identified under subdivision (4), a description of each type of communications service that the provider proposes to offer in the service area.
(6) For each communications service identified under subdivision (5), whether the communications service will be offered to residential customers or business customers, or both.
(7) The expected date of deployment for each communications service identified under subdivision (5) in each service area identified in subdivision (4).
(8) A list of other states in which the provider offers communications service, including the type of communications service offered.
(9) Any other information the commission considers necessary to:
(A) monitor the type and availability of communications
service provided to Indiana customers; and
(B) prepare the commission's annual report to the regulatory
flexibility committee under IC 8-1-2.6-4.
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 8 of this chapter.
(b) A communications service provider shall also submit, along with
the application required by subsection (a), the following documents:
(1) A certification from the secretary of state authorizing the
provider to do business in Indiana.
(2) Information demonstrating the provider's financial,
managerial, and technical ability to provide each communications
service identified in the provider's application under subsection
(a)(5) in each service area identified under subsection (a)(4).
(3) A statement, signed under penalty of perjury by an officer or
another person authorized to bind the provider, that affirms the
following:
(A) That the provider has filed or will timely file with the
Federal Communications Commission all forms required by
the Federal Communications Commission before offering
communications service in Indiana.
(B) That the provider agrees to comply with any customer
notification requirements imposed by the commission under
section 11(b) of this chapter.
(C) That the provider agrees to update the information
provided in the application submitted under subsection (a) on
a regular basis, as may be required by the commission under
section 12 of this chapter.
(D) That the provider agrees to notify the commission when
the provider commences offering communications service in
each service area identified in the provider's application under
subsection (a)(4).
(E) That the provider agrees to pay any lawful rate or charge
for switched and special access services, as required under
any:
(i) applicable interconnection agreement; or
(ii) lawful tariff or order approved or issued by a regulatory
body having jurisdiction.
(F) That the provider agrees to report, at the times required by
the commission, any information required by the commission
under IC 8-1-2.6-13(d)(9).
(c) If:
(1) a communications service provider has been issued a:
(A) certificate of territorial authority; or
(B) certificate of public convenience and necessity;
by the commission before July 1, 2009; and
(2) the certificate described in subdivision (1) is in effect on July 1, 2009;
the communications service provider is not required to submit an application under this section for as long as the certificate described in subdivision (1) remains in effect. For purposes of this subsection, if a corporation organized under IC 8-1-13 (or a corporation organized under IC 23-17-1 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13) holds a certificate of public convenience and necessity issued by the commission before, on, or after July 1, 2009, that certificate may serve as the certificate required under this chapter with respect to any communications service offered by the corporation, subject to the commission's right to require the corporation to provide any information that an applicant is otherwise required to submit under subsection (a) or that a holder is required to report under IC 8-1-2.6-13(d)(9).
(d) This section does not empower the commission to require an applicant for a certificate under this chapter 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.
(e) The form prescribed for a communications service provider that offers only a service described in IC 8-1-2.6-1.1 must require the communications service provider to report and certify the accuracy of only the information required under subsection (a)(1) and (a)(2).
(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; or
(B) impose any fee, gross receipt tax, licensing requirement,
rate regulation, or build-out requirement on a 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.
(1) an applicant to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information; or
(2) a provider to disclose more frequently than annually information regarding the areas in which an applicant has deployed video services.
The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under
(e) Nothing in this title may be construed to require an applicant to disclose information to identify the areas in which the applicant has deployed video services by census block, street address, or other similar level of specificity. The commission may not disclose, publish, or report any information identifying the areas in which an applicant has deployed video services by census block, street address, or other similar level of specificity. If at any time an applicant has disclosed to the commission information identifying the areas in which the applicant has deployed video services by census block, street address, or other similar level of specificity, the commission must remove the information from its files and return all copies of the information to the applicant.
(1) Any transaction involving a change in the ownership, operation, control, or corporate organization of the holder, including a merger, an acquisition, or a reorganization.
(2) A change in the holder's legal name or the adoption of, or change to, an assumed business name. The holder shall submit to the commission a certified copy of the:
(A) amended certificate of authority; or
(B) certificate of assumed business name;
issued by the secretary of state to reflect the change.
(3) A change in the holder's principal business address or in the name of the person authorized to receive notice on behalf of the holder.
(4) Any transfer of the certificate to a successor in interest of the holder allowed by section 18 of this chapter. The holder shall identify the successor in interest to which the transfer is made.
(5) The termination of any certificate issued under this chapter, as allowed by section 19 of this chapter. The holder shall identify:
(A) any other certificate issued under this chapter that will be retained by the holder;
(B) the number of Indiana customers in the service area covered by the certificate being terminated; and
(C) the method by which the holder's customers were notified of the termination, if required by the commission under subsection (c).
(6) A change in the video programming or other programming service provided in one (1) or more of the services areas identified under section 16(b)(6) of this chapter in the holder's most recent application for a certificate under this chapter.
(7) A change in one (1) or more of the service areas identified under section 16(b)(6) of this chapter that would increase or decrease the territory within the service area. The holder shall describe the new boundaries of the affected service areas after the proposed change is made.
(b) In connection with, or as a condition of, receiving a certificate under this chapter, the commission shall require a holder to notify a unit:
(1) in which the holder does not already provide video service under:
(A) a local franchise issued by the unit before July 1, 2006; or
(B) another certificate issued under this chapter after June 30, 2006; and
(2) that is included in the holder's service area under the certificate being issued;
that the holder intends to provide video service in the unit's jurisdiction. The holder shall give the notice required under this subdivision not later than ten (10) days before the holder begins providing video service in the unit's jurisdiction.
(c) In connection with the issuance of a certificate under this chapter, the commission may require a holder to provide advance notice to the holder's Indiana customers if the holder will do any of the following:
(1) Change the rates and charges for video service that the holder offers in any of its service areas in Indiana.
(2) Cease to offer video service, or any specific video programming or other programming service, that the holder offers in any of the holder's service areas in Indiana.
The commission shall prescribe any customer notification requirements under this subsection in a rule of general application adopted under IC 4-22-2.
(b) A unit or an unincorporated area that receives the benefit of a PEG channel provided under section 25, 26, or 26.5 of this chapter shall ensure that all transmissions, content, and programming that are transmitted over a channel or other facility of the provider are submitted to the provider in a manner or form that:
(1) is capable of being accepted and transmitted by the provider over the provider's video service system;
(2) does not require additional alteration or change in the content by the provider; and
(3) is compatible with the technology or protocol used by the provider to deliver video service.
(c) If it is technically feasible to do so, the holder of a certificate under this section and a provider described in section 21(a) of this chapter may cooperate to interconnect their systems to provide PEG
channel capacity required under section 25, 26, or 26.5 of this chapter.
Interconnection under this section may be accomplished by direct
cable, microwave link, satellite, or other reasonable method of
connection. The parties shall negotiate the terms of the interconnection
in good faith, and a provider described in section 21(a) of this chapter
may not withhold interconnection of PEG channel capacity.
(d) A court with jurisdiction Subject to 47 U.S.C. 531, the
commission has exclusive authority to enforce any requirement under:
(1) this section; or
(2) section 25, 26, or 26.5 of this chapter.
