§ 8-1-2.6-13 — Commission's jurisdiction; reporting requirements

Indiana § 8-1-2.6-13

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

Text

(a) As used in this section, "communications
service" has the meaning set forth in IC 8-1-32.5-3.
(b) As used in this section, "communications service provider"
means a person or an entity that offers communications service to
customers in Indiana, without regard to the technology or medium used
by the person or entity to provide the communications service. The
term includes a provider of commercial mobile service (as defined in
47 U.S.C. 332).
(c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the
commission may do the following, except as otherwise provided in this
subsection:
(1) Enforce the terms of a settlement agreement approved by the
commission before July 29, 2004. The commission's authority
under this subdivision continues for the duration of the settlement
agreement.
(2) Fulfill the commission's duties under IC 8-1-2.8 concerning
the provision of dual party relay services to deaf, hard of hearing,
and speech impaired persons in Indiana.
(3) Fulfill the commission's responsibilities under IC 8-1-29 to
adopt and enforce rules 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) Fulfill the commission's obligations under the federal
Telecommunications Act of 1996 (47 U.S.C. 151 et seq.)
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 of the functions described in section 1.5(b) of this
chapter.
(6) Perform the commission's responsibilities under IC 8-1-32.5
to:
(A) issue; and
(B) maintain records of;
certificates of territorial authority for communications service
providers offering communications service to customers in
Indiana.
(7) Perform the commission's responsibilities under IC 8-1-34
concerning the issuance of certificates of franchise authority to
multichannel video programming distributors offering video
service to Indiana customers.
(8) Subject to subsection (f), require a communications service
provider, other than a provider of commercial mobile service (as
defined in 47 U.S.C. 332), to report to the commission on an
annual basis, or more frequently at the option of the provider, any
information needed by the commission to prepare the
commission's annual report under IC 8-1-1-14(c)(4).
(9) Perform the commission's duties under IC 8-1-32.4 with
respect to telecommunications providers of last resort, to the
extent of the authority delegated to the commission under federal
law to perform those duties.
(10) Collect and maintain from a communications service
provider the following information:
(A) The address of the provider's website.
(B) All toll free telephone numbers and other customer service
telephone numbers maintained by the provider for receiving
customer inquiries and complaints.
(C) An address and other contact information for the provider,
including any telephone number not described in clause (B).
The commission shall make any information submitted by a
provider under this subdivision available on the commission's
website. The commission may also make available on the
commission's website contact information for the Federal
Communications Commission and the Cellular Telephone
Industry Association.
(11) Fulfill the commission's duties under any state or federal law
concerning the administration of any universally applicable
dialing code for any communications service.
(d) The commission does not have jurisdiction over any of the
following with respect to a communications service provider:
(1) Rates and charges for communications service provided by the
communications service provider, including the filing of
schedules or tariffs setting forth the provider's rates and charges.
(2) Depreciation schedules for any of the classes of property
owned by the communications service provider.
(3) Quality of service provided by the communications service
provider.
(4) Long term financing arrangements or other obligations of the
communications service provider.
(5) Except as provided in subsection (c), any other aspect
regulated by the commission under this title before July 1, 2009.
(e) The commission has jurisdiction over a communications service
provider only to the extent that jurisdiction is:
(1) expressly granted by state or federal law, including:
(A) a state or federal statute;
(B) a lawful order or regulation of the Federal Communications
Commission; or
(C) an order or a ruling of a state or federal court having
jurisdiction; or
(2) necessary to administer a federal law for which regulatory
responsibility has been delegated to the commission by federal
law.
(f) Except as specifically required under state or federal law, or
except as required to respond to consumer complaints or information
requests from the general assembly, the commission may not require
a communications service provider:
(1) to file a tariff; or
(2) except for purposes of a petition or request filed or submitted
to the commission by the communications service provider, to
report to the commission any information that is:
(A) available to the public on the communications service
provider's website;
(B) filed with the Federal Communications Commission; or
(C) otherwise available to the public in any form or at any level
of detail;
including the communications service provider's rates, terms, and
conditions of service.

Legislative History

As added by P.L.27-2006, SEC.24. Amended by P.L.1-2007, SEC.72; P.L.109-2012, SEC.2; P.L.256-2013, SEC.10; P.L.107-2014, SEC.3; P.L.149-2016, SEC.34; P.L.156-2017, SEC.2; P.L.73-2020, SEC.2; P.L.177-2021, SEC.5; P.L.71-2022, SEC.4; P.L.1-2025, SEC.115; P.L.214-2025, SEC.3.