§ 8-1-32.6-7 — Prohibited contracts, agreements, and arrangements; complaint; commission investigation; civil penalty; enforcement by attorney general; right to appeal

Indiana § 8-1-32.6-7

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 32.6: Access to Real Property by Communications Service

Text

(a) After March 27, 2006, a communications
service provider shall not enter into any contract, agreement, or other
arrangement that does any of the following:
(1) Requires any person to restrict or limit:
(A) the ability of another communications service provider to
obtain easements or rights-of-way for the installation of
facilities or equipment used to provide communications service
to Indiana customers; or
(B) access to real property by another communications service
provider.
(2) Offers or grants incentives or rewards to an owner of real
property if the incentives or rewards are contingent upon the
property owner's agreement to restrict or limit:
(A) the ability of another communications service provider to
obtain easements or rights-of-way for the installation of
facilities or equipment used to provide communications service
on the property; or
(B) access to the owner's real property by another
communications service provider.
A contract, an agreement, or any other arrangement that violates this
section is void if the contract, agreement, or arrangement is entered
into after March 27, 2006. However, a contract, an agreement, or any
other arrangement that otherwise violates this section remains in effect
until such time as it would normally terminate or expire if the contract,
agreement, or arrangement is entered into before March 28, 2006.
(b) This section does not prohibit a communications service
provider and a subscriber from entering into any lawful contract,
agreement, or other arrangement concerning the communications
service offered by the communications service provider to the
subscriber.
(c) Upon:
(1) a complaint filed by:
(A) another communications service provider;
(B) a subscriber or potential subscriber of communications
service;
(C) the utility consumer counselor; or
(D) any class satisfying the standing requirements of IC 8-1-2-54; or
(2) the commission's own motion;
the commission may investigate whether a communications service
provider has violated this section. If, after notice and an opportunity for
hearing, the commission determines that the communications service
provider has violated this section, the commission may issue an order
imposing a civil penalty of not more than five hundred dollars ($500)
for each violation. For purposes of this subsection, each day that a
contract, an agreement, or an arrangement prohibited by this section
remains in effect constitutes a separate violation.
(d) The attorney general may bring an action in the name of the state
to enforce an order of the commission under subsection (c), including
the collection of an unpaid civil penalty imposed by the commission.
(e) Civil penalties collected under this section shall be deposited in
the state general fund.
(f) A determination by the commission under this section is subject
to appeal under IC 8-1-3.

Legislative History

As added by P.L.27-2006, SEC.56.