Bill Text: IN HB1112 | 2012 | Regular Session | Enrolled
Bill Title: Telecommunications providers of last resort.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2012-02-22 - Signed by the Governor [HB1112 Detail]
Download: Indiana-2012-HB1112-Enrolled.html
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AN ACT to amend the Indiana Code concerning utilities.
(1) exclusively over facilities owned or leased by the carrier; or
(2) predominantly over facilities owned or leased by the carrier, in combination with the resale of the telecommunications service (as defined in
service" means the provision of telephone exchange service (as defined
in 47 U.S.C. 153(47)) 47 U.S.C. 153) or exchange access (as defined
in 47 U.S.C. 153(16)). 47 U.S.C. 153).
(1) IC 8-1-32.6-8;
(2) section 13 of this chapter;
(3) section 16 of this chapter; or
(4) section 17 of this chapter;
an incumbent local exchange carrier has the obligations of the provider of last resort. An incumbent local exchange carrier may meet the carrier's obligations under this section using any available technology.
exemption under this subdivision shall continue for a period
determined by the commission to be reasonably necessary to
allow the successor provider to:
(A) modify, construct, or obtain the facilities; or
(B) deploy an alternative technology;
that will allow the successor provider to serve the customers of
the exiting provider.
(3) A temporary exemption from any lawful obligation to provide
telecommunications service for resale within the affected area.
The exemption under this subdivision shall continue for a period
determined by the commission to be reasonably necessary to
allow the successor provider to:
(A) modify, construct, or obtain the facilities; or
(B) deploy an alternative technology;
that will allow the successor provider to serve the customers of
the exiting provider.
(c) The successor provider is entitled to obtain funding from a state
universal service fund to support the provider's assumption of
obligations as the provider of last resort for the area. This section does
not prohibit a provider from voluntarily:
(1) serving customers in the affected area; or
(2) purchasing the facilities of the exiting provider.
(d) A customer within the defined geographic area to be served by
the successor provider is considered to have applied for basic
telecommunications service from the successor provider on the
effective date of the commission's designation of the successor
provider. Each right, privilege, and obligation applicable to customers
of the successor provider applies to a customer transferred to the
successor provider under this section. A customer transferred to the
successor provider under this section is subject to the successor
provider's terms of service as specified in an applicable tariff or
contract. This section does not prohibit a customer from seeking, at any
time, service from a provider other than the successor provider.
(b) If the commission authorizes a communications service provider to offer voice service under this section, the commission shall permit the communications service provider to offer the voice service through any available technology or medium determined by the communications service provider.
which there are at least two (2) ETC eligible communications
service providers, one (1) of which may be the incumbent local
exchange carrier, offering a voice service through any technology
or medium, including any of the following:
(1) Wire communication (as defined in 47 U.S.C. 153).
(2) Internet Protocol enabled services.
(3) Commercial mobile service (as defined in 47 U.S.C. 332).
(b) After June 30, 2014, upon notice to the commission by an
incumbent local exchange carrier that is the provider of last resort
in one (1) or more parts of the incumbent local exchange carrier's
service area, the incumbent local exchange carrier is relieved of its
provider of last resort obligation with respect to any part of its
service area identified in the incumbent local exchange carrier's
notice to the commission under this subsection.
(c) Relief from a provider of last resort obligation under this
chapter does not affect an incumbent local exchange carrier's
obligations under federal law.
(d) As used in this section, "ETC eligible communications
service provider" means a communications service provider that
provides, using any available technology or medium, the voice
telephony services described in 47 CFR 54.101, regardless of
whether the communications service provider has been designated
as an eligible telecommunications carrier.
(1) Permits only one (1) communications service provider to install the provider's facilities or equipment during the construction or development phase of the multitenant real estate.
(2) Accepts or agrees to accept incentives or rewards that:
(A) are offered by a communications service provider to the owner, operator, developer, or occupants of the multitenant real estate; and
(B) are contingent upon the provision of communications service by that provider to the occupants of the multitenant real estate, to the exclusion of any services provided by other communications service providers.
(3) Collects from the occupants of the multitenant real estate any charges for the provision of communications service to the occupants, including charges collected through rent, fees, or dues.
(4) Enters into an agreement with a communications service provider that is prohibited by section 7 of this chapter.
(b) This subsection applies to a communications service provider that is relieved under subsection (a) of an obligation to provide communications service to the occupants of multitenant real estate. This section does not prohibit the communications service provider from voluntarily offering service to the occupants of the multitenant real estate. However, the commission shall not exercise jurisdiction over the terms, conditions, rates, or availability of any communications service voluntarily offered by a communications service provider under this subsection.
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