§ 8-1-34-30 — Direct marketing authority for holders; application to commission; designated employees; certification; option to apply for authority from political subdivision; limited local regulation

Indiana § 8-1-34-30

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

Text

(a) As used in this section, "designated
employee" means a holder's:
(1) employee; or
(2) authorized agent;
whom the holder designates or will designate to receive direct
marketing authority.
(b) As used in this section, "direct marketing authority" means the
authority granted by the commission to a holder to market any service
or product offered by the holder directly to all households and
businesses in a service area served by the holder.
(c) As used in this section, "political subdivision" has the meaning
set forth in IC 36-1-2-13.
(d) A holder may apply to the commission, in the manner and form
prescribed by the commission, for direct marketing authority. An
application must include the following information with respect to each
designated employee of the holder:
(1) Name.
(2) Home address.
(3) Driver's license number.
(4) A certification described in subsection (e)(1).
(e) In an application under subsection (d), a holder shall include the
following:
(1) A certification by the holder that each designated employee
satisfies the following requirements:
(A) The employee is at least eighteen (18) years of age.
(B) The employee has a high school diploma or the equivalent
of a high school diploma.
(C) The employee has not been convicted of a felony within the
seven (7) years immediately preceding the date of the
application.
(D) Within the seven (7) years immediately preceding the date
of the application, the employee has not been released from
incarceration after serving time for a felony conviction.
(E) The employee has not been convicted of:
(i) a misdemeanor involving fraud, deceit, or dishonesty;
(ii) a battery offense included in IC 35-42-2 as a
misdemeanor; or
(iii) two (2) or more misdemeanors involving the illegal use
of alcohol or the illegal sale, use, or possession of a
controlled substance;
within the five (5) years immediately preceding the date of the
application.
(F) The employee has a valid driver's license.
(2) Proof of financial responsibility.
(f) A holder may comply with subsection (e)(1) by submitting to the
commission a document signed by the holder in which the holder:
(1) identifies each designated employee by name, home address,
and driver's license number;
(2) certifies that each designated employee has been the subject
of a criminal history background check for each jurisdiction in the
United States in which the designated employee has lived or
worked within the seven (7) years immediately preceding the date
of the application; and
(3) affirms that the background check described in subdivision (2)
for each designated employee indicates that the designated
employee satisfies the requirements set forth in subsection (e)(1),
as applicable.
(g) Not more than fifteen (15) days after the commission receives an
application under subsection (d), the commission shall determine
whether the application is complete and properly verified. If the
commission determines that the application is incomplete or not
properly verified, the commission shall notify the applicant holder of
the deficiency and allow the holder to resubmit the application after
correcting the deficiency. If the commission determines that the
application is complete and properly verified, the commission shall
issue an order granting the holder direct marketing authority. The order
must contain the following:
(1) The name of the holder.
(2) The names of designated employees of the holder.
(3) A grant of direct marketing authority to the holder and
designated employees of the holder.
(4) The date on which the order takes effect.
The commission shall provide public notice of an order granting direct
marketing authority under this subsection by posting the order on the
commission's website.
(h) A holder that has direct marketing authority shall notify the
commission in a timely manner of any changes to the holder's list of
designated employees. A designated employee may exercise direct
marketing authority immediately upon the holder's submission to the
commission of all information required under subsection (e)(1) with
respect to the designated employee.
(i) Only the commission is authorized to grant direct marketing
authority to a holder under this section. However, subject to subsection
(j), with respect to direct marketing activities in a holder's service area
within a political subdivision, this section does not prohibit a holder
from electing to:
(1) apply for marketing or solicitation authority directly from the
political subdivision; and
(2) exercise any marketing or solicitation authority under a
license, permit, or other authority granted by the political
subdivision before, on, or after June 30, 2013;
instead of applying for and exercising direct marketing authority
granted by the commission under this section.
(j) A political subdivision may not do any of the following:
(1) Require a holder that is granted direct marketing authority
from the commission under this section to also obtain marketing
or solicitation authority from the political subdivision in order to
engage in direct marketing in the holder's service area within the
political subdivision.
(2) Impose any licensing requirement or fee on a holder in
connection with any direct marketing authority granted to the
holder by the commission under this section with respect to the
holder's service area within the political subdivision.
(3) Except as provided in subsection (k), otherwise regulate a
holder that is granted direct marketing authority from the
commission under this section and that engages in direct
marketing in the holder's service area within the political
subdivision.
(k) A political subdivision may enforce any ordinance or regulation
that:
(1) imposes restrictions as to the hours or manner in which direct
marketing activities may be performed in the political
subdivision; and
(2) applies uniformly to all persons engaging in direct marketing
or other soliciting in the political subdivision, regardless of:
(A) the product or service being marketed; or
(B) the type of business engaged in by the person engaging in
the direct marketing or other soliciting.

Legislative History

As added by P.L.241-2013, SEC.2. Amended by P.L.65-2016, SEC.3; P.L.177-2018, SEC.12; P.L.1-2025, SEC.123.