§ 8-1-2.6-1.5 — Commission's delegated authority; intrastate switched or special access service rates and charges; filing of tariff

Indiana § 8-1-2.6-1.5

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2.6: Competition in the Provision of Telephone Services

Text

5. (a) In acting to impose any requirements or
set any prices concerning:
(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.
(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,
the filing of the tariff with the commission serves as the public notice
of the filing of the tariff. The commission shall provide the public with
notice of tariff filings through the commission's website or other
electronic means.

Legislative History

As added by P.L.27-2006, SEC.18. Amended by P.L.256-2013, SEC.5; P.L.107-2014, SEC.1; P.L.1-2025, SEC.114.