Sec. 16. (a) If a provider, other than the incumbent local exchange carrier, operates under an arrangement by which the provider is the exclusive provider of basic telecommunications service in a particular geographic area, building, or group of residences and businesses, the incumbent local exchange carrier is relieved of any provider of last resort obligations that the incumbent local exchange carrier would ordinarily have with respect to the particular geographic area, building, or group of residences and businesses.

     (b) If:

Terms Used In Indiana Code 8-1-32.4-16

  • approved alternative technology: refers to any technology that:

    Indiana Code 8-1-32.4-2

  • basic telecommunications service: has the meaning set forth in Indiana Code 8-1-32.4-3
  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • exiting provider: means a provider that:

    Indiana Code 8-1-32.4-4

  • incumbent local exchange carrier: has the meaning set forth in 47 U. See Indiana Code 8-1-32.4-6
  • local exchange carrier: has the meaning set forth in 47 U. See Indiana Code 8-1-32.4-7
  • provider of last resort: means a provider that:

    Indiana Code 8-1-32.4-9

(1) a provider with an exclusive service arrangement described in subsection (a) decides to cease operations in all or part of the particular geographic area, building, or group of residences and businesses that the provider serves under the arrangement; and

(2) the incumbent local exchange carrier:

(A) has insufficient facilities to serve the affected customers of the exiting provider; and

(B) elects to purchase the facilities of the exiting provider;

the incumbent local exchange carrier has twelve (12) months to make any modifications necessary to the purchased facilities to allow the incumbent local exchange carrier to serve the affected customers of the exiting provider. The incumbent local exchange carrier may apply to the commission for an extension of the period allowed under this subsection, and the commission shall grant the extension upon good cause shown by the incumbent local exchange carrier.

     (c) If:

(1) a provider with an exclusive service arrangement described in subsection (a) decides to cease operations in all or part of the particular geographic area, building, or group of residences and businesses that the provider serves under the arrangement; and

(2) the incumbent local exchange carrier:

(A) has insufficient facilities to serve the affected customers of the exiting provider; and

(B) elects not to purchase the facilities of the exiting provider;

the incumbent local exchange carrier has twelve (12) months to deploy an approved alternative technology necessary to allow the incumbent local exchange carrier to serve the affected customers of the exiting provider. The incumbent local exchange carrier may apply to the commission for an extension of the period allowed under this subsection, and the commission shall grant the extension upon good cause shown by the incumbent local exchange carrier.

As added by P.L.27-2006, SEC.54. Amended by P.L.1-2007, SEC.74.

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