Sec. 17. (a) Subject to subsection (b), 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 obligation as the provider of last resort in any part of the incumbent local exchange carrier’s service area in 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).

Terms Used In Indiana Code 8-1-32.4-17

  • commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
  • communications service provider: has the meaning set forth in Indiana Code 8-1-32.4-3.2
  • 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
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • provider of last resort: means a provider that:

    Indiana Code 8-1-32.4-9

(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 C.F.R. § 54.101, regardless of whether the communications service provider has been designated as an eligible telecommunications carrier.

As added by P.L.8-2012, SEC.9.

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