§ 8-1-34-20 — Notice of change; notice of intent to provide service; customer notification requirements

Indiana § 8-1-34-20

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 34: Video Service Franchises

Text

(a) In connection with, or as a condition of
receiving, a certificate under this chapter, the commission shall require
a holder to notify the commission, after the issuance of a certificate, of
any of the following changes involving the holder or the certificate
issued:
(1) Any transaction involving a change in the ownership,
operation, control, or corporate organization of the holder,
including a merger, an acquisition, or a reorganization.
(2) A change in the holder's legal name or the adoption of, or
change to, an assumed business name. The holder shall submit to
the commission a certified copy of the:
(A) amended certificate of authority; or
(B) certificate of assumed business name;
issued by the secretary of state to reflect the change.
(3) A change in the holder's principal business address or in the
name of the person authorized to receive notice on behalf of the
holder.
(4) Any transfer of the certificate to a successor in interest of the
holder allowed by section 18 of this chapter. The holder shall
identify the successor in interest to which the transfer is made.
(5) The termination of any certificate issued under this chapter, as
allowed by section 19 of this chapter. The holder shall identify:
(A) any other certificate issued under this chapter that will be
retained by the holder;
(B) the number of Indiana customers in the service area covered
by the certificate being terminated; and
(C) the method by which the holder's customers were notified
of the termination, if required by the commission under
subsection (c).
(6) A change in the video programming or other programming
service provided in one (1) or more of the services areas
identified under section 16(b)(6) of this chapter in the holder's
most recent application for a certificate under this chapter.
(7) A change in one (1) or more of the service areas identified
under section 16(b)(6) of this chapter that would increase or
decrease the territory within the service area. The holder shall
describe the new boundaries of the affected service areas after the
proposed change is made.
The commission shall prescribe the time in which a holder must report
changes under this section. The commission may prescribe a form for
the reporting of changes under this section.
(b) In connection with, or as a condition of, receiving a certificate
under this chapter, the commission shall require a holder to notify a
unit:
(1) in which the holder does not already provide video service
under:
(A) a local franchise issued by the unit before July 1, 2006; or
(B) another certificate issued under this chapter after June 30,
2006; and
(2) that is included in the holder's service area under the
certificate being issued;
that the holder intends to provide video service in the unit's
jurisdiction. The holder shall give the notice required under this
subdivision not later than ten (10) days before the holder begins
providing video service in the unit's jurisdiction.
(c) In connection with the issuance of a certificate under this
chapter, the commission may require a holder to provide advance
notice to the holder's Indiana customers if the holder will do any of the
following:
(1) Change the rates and charges for video service that the holder
offers in any of its service areas in Indiana.
(2) Cease to offer video service, or any specific video
programming or other programming service, that the holder offers
in any of the holder's service areas in Indiana.
The commission shall prescribe any customer notification requirements
under this subsection in a rule of general application adopted under IC 4-22-2.

Legislative History

As added by P.L.27-2006, SEC.58.