§ 8-1-32.5-6 — Certificate of territorial authority; application; required documents; certificates issued before July 1, 2009; confidential information

Indiana § 8-1-32.5-6

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 32.5: Certificates of Territorial Authority for

Text

(a) Except as provided in subsection (c),
before a communications service provider may offer communications
service to customers in Indiana, the communications service provider
must apply to the commission for a certificate of territorial authority.
A communications service provider that seeks a certificate under this
chapter shall submit an application on a form prescribed by the
commission. Subject to subsection (e), the form prescribed by the
commission must require the communications service provider to
report the following information:
(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 under IC 8-1-1-14(c)(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(c)(8).
(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(c)(8).
(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 section.
(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).

Legislative History

As added by P.L.27-2006, SEC.55. Amended by P.L.1-2007, SEC.75; P.L.219-2011, SEC.3; P.L.256-2013, SEC.14; P.L.53-2014, SEC.80; P.L.73-2020, SEC.5; P.L.71-2022, SEC.6.