Sec. 1.5. (a) In acting to impose any requirements or set any prices concerning:

(1) interconnection with the facilities and equipment of providers for purposes of 47 U.S.C. § 251(c)(2);

Terms Used In Indiana Code 8-1-2.6-1.5

  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • provider: means a person or an entity that offers basic or nonbasic telecommunications service. See Indiana Code 8-1-2.6-0.4
  • telecommunications: has the meaning set forth in 47 U. See Indiana Code 8-1-2.6-0.6
(2) the resale of telecommunications service for purposes of 47 U.S.C. § 251(c)(4); or

(3) the unbundled access of one (1) provider to the network elements of another provider for purposes of 47 U.S.C. § 251(c)(3);

the commission shall not exceed the authority delegated to the commission under federal laws and regulations with respect to those actions.

     (b) Subject to any regulations adopted by the Federal Communications Commission, this section does not affect:

(1) the commission’s authority to mediate a dispute between providers under 47 U.S.C. § 252(a);

(2) the commission’s authority to arbitrate a dispute between providers under 47 U.S.C. § 252(b);

(3) the commission’s authority to approve an interconnection agreement under 47 U.S.C. § 252(e), including the authority to establish service quality metrics and liquidated damages;

(4) the commission’s authority to review and approve a provider’s statement of terms and conditions under 47 U.S.C. § 252(f);

(5) a provider’s ability to file a complaint with the commission to have a dispute decided by the commission:

(A) after notice and hearing; and

(B) in accordance with this article; or

(6) the commission’s authority to resolve an interconnection dispute between providers under the expedited procedures set forth in 170 IAC 7-7.

     (c) If a provider’s rates and charges for intrastate switched or special access service are:

(1) at issue in a dispute that the commission is authorized to mediate, arbitrate, or otherwise determine under state or federal law; or

(2) included in an interconnection agreement or a statement of terms and conditions that the commission is authorized to review or approve under state or federal law;

the commission shall consider the provider’s rates and charges for intrastate switched or special access service to be just and reasonable if the intrastate rates and charges mirror the provider’s interstate rates and charges for switched or special access service.

     (d) If the commission requires a provider to file a tariff for intrastate switched access service, special access service, or any other service, the filing of the tariff with the commission serves as the public notice of the filing of the tariff. The commission shall provide the public with notice of tariff filings through the commission’s Internet web site or other electronic means.

As added by P.L.27-2006, SEC.18. Amended by P.L.256-2013, SEC.5; P.L.107-2014, SEC.1.

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