§ 8-1-32.4-16 — Exclusive service arrangements; relief from provider of last resort obligations

Indiana § 8-1-32.4-16

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 32.4: Telecommunications Providers of Last Resort

Text

(a) If a provider, other than the incumbent
local exchange carrier, operates under an arrangement by which the
provider is the exclusive provider of basic telecommunications service
in a particular geographic area, building, or group of residences and
businesses, the incumbent local exchange carrier is relieved of any
provider of last resort obligations that the incumbent local exchange
carrier would ordinarily have with respect to the particular geographic
area, building, or group of residences and businesses.
(b) If:
(1) a provider with an exclusive service arrangement described in
subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
businesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers of
the exiting provider; and
(B) elects to purchase the facilities of the exiting provider;
the incumbent local exchange carrier has twelve (12) months to make
any modifications necessary to the purchased facilities to allow the
incumbent local exchange carrier to serve the affected customers of the
exiting provider. The incumbent local exchange carrier may apply to
the commission for an extension of the period allowed under this
subsection, and the commission shall grant the extension upon good
cause shown by the incumbent local exchange carrier.
(c) If:
(1) a provider with an exclusive service arrangement described in
subsection (a) decides to cease operations in all or part of the
particular geographic area, building, or group of residences and
businesses that the provider serves under the arrangement; and
(2) the incumbent local exchange carrier:
(A) has insufficient facilities to serve the affected customers of
the exiting provider; and
(B) elects not to purchase the facilities of the exiting provider;
the incumbent local exchange carrier has twelve (12) months to deploy
an approved alternative technology necessary to allow the incumbent
local exchange carrier to serve the affected customers of the exiting
provider. The incumbent local exchange carrier may apply to the
commission for an extension of the period allowed under this
subsection, and the commission shall grant the extension upon good
cause shown by the incumbent local exchange carrier.

Legislative History

As added by P.L.27-2006, SEC.54. Amended by P.L.1-2007, SEC.74.