§ 8-1-34-26 — PEG channel capacity, facilities, and financial support; units or areas without existing requirements; authority of commission to require

Indiana § 8-1-34-26

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

Text

(a) This section applies in a unit or an
unincorporated area of Indiana that:
(1) is included in the service area of a holder of a certificate
issued under this chapter; and
(2) does not require a provider described in section 21(a) of this
chapter to provide PEG channel capacity, facilities, or financial
support under a local franchise issued before July 1, 2006.
(b) As used in this section, "PEG channel" has the meaning set forth
in section 25(b) of this chapter.
(c) As a condition of issuing or renewing a certificate to a holder
under this chapter, and upon:
(1) the petition of a unit or an unincorporated area included in the
holder's service area under the certificate; or
(2) the commission's own motion;
the commission may require the holder to provide PEG channel
capacity, facilities, or financial support to one (1) or more units or
unincorporated areas in the holder's service area under the certificate.
(d) As allowed by 47 U.S.C. 531, the commission may do the
following in exercising its authority under this section:
(1) Adopt rules and procedures for the designation or use of PEG
channel capacity in each unit or unincorporated area in which the
requirements apply.
(2) Enforce any requirement concerning the provision or use of
PEG channel capacity. The commission's enforcement authority
under this subdivision includes the authority to enforce any
provision that:
(A) is proposed by the holder and incorporated in the holder's
certificate; and
(B) concerns services, facilities, or equipment related to PEG
channel capacity;
regardless of whether the provision is required in rules or
procedures adopted by the commission under subdivision (1).
(3) If PEG channel capacity is designated under the certificate,
prescribe rules and procedures:
(A) under which the holder is permitted to use the designated
channel capacity to provide other services, if the channel
capacity is not being used in the unit or unincorporated area for
the designated purposes; and
(B) that set forth the conditions under which the holder must
cease any use permitted under clause (A).

Legislative History

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