§ 8-1-34-22 — Terminated local franchise; rights, duties, and obligations owed to private persons; right of action; "private person"

Indiana § 8-1-34-22

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

Text

(a) A provider that elects to terminate a local
franchise under section 21 of this chapter remains subject to the
contractual rights, duties, and obligations incurred by the provider that
are owed to any private person.
(b) All liens, security interests, royalties, and other contracts, rights,
and interests owed to a private person, shall:
(1) continue in full force and effect without the need for renewal,
extension, or continuance; and
(2) be paid or performed by the provider after becoming a holder
of a certificate under this chapter.
(c) The commission shall condition the issuance or renewal of a
certificate under this chapter on a provider's payment and performance
of the rights, duties, and obligations described in this section. In
applying for an initial certificate or a renewal certificate under this
chapter, a provider shall agree to pay or perform the obligations
described in this section, as required by section 16(b)(1)(D) of this
chapter.
(d) A private person that claims to be:
(1) owed any rights, duties, or obligations by a holder under this
section; and
(2) aggrieved by a holder's alleged violation of this section;
may bring an action in a court with jurisdiction to enforce the rights,
duties, or obligations claimed to be owed to the person.
(e) As used in this section, "private person" does not include:
(1) the unit that issued the terminated local franchise;
(2) a political subdivision (as defined in IC 36-1-2-13) not
described in subdivision (1); or
(3) any official, agent, or employee of:
(A) the unit that issued the terminated local franchise; or
(B) a political subdivision described in subdivision (2);
in the individual's official capacity.

Legislative History

As added by P.L.27-2006, SEC.58. Amended by P.L.183-2006, SEC.2.