Sec. 22. (a) A provider that elects to terminate a local franchise under section 21 of this chapter remains subject to the contractual rights, duties, and obligations incurred by the provider that are owed to any private person.

     (b) All liens, security interests, royalties, and other contracts, rights, and interests owed to a private person, shall:

Terms Used In Indiana Code 8-1-34-22

  • certificate: refers to a certificate of franchise authority issued by the commission under section 17 of this chapter. See Indiana Code 8-1-34-2
  • commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-34-3
  • Continuance: Putting off of a hearing ot trial until a later time.
  • franchise: means an initial authorization, or a renewal of an authorization, that:

    Indiana Code 8-1-34-4

  • holder: refers to a person that holds a certificate issued by the commission under this chapter after June 30, 2006. See Indiana Code 8-1-34-6
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • local franchise: means an initial authorization, or a renewal of an authorization, that:

    Indiana Code 8-1-34-8

  • person: means an individual, a corporation, a partnership, a limited liability company, an association, or another entity organized under the laws of any state. See Indiana Code 8-1-34-10
  • provider: refers to a multichannel video programming distributor (as defined in 47 U. See Indiana Code 8-1-34-11
  • unit: has the meaning set forth in IC 36-1-2-23. See Indiana Code 8-1-34-12
(1) continue in full force and effect without the need for renewal, extension, or continuance; and

(2) be paid or performed by the provider after becoming a holder of a certificate under this chapter.

     (c) The commission shall condition the issuance or renewal of a certificate under this chapter on a provider’s payment and performance of the rights, duties, and obligations described in this section. In applying for an initial certificate or a renewal certificate under this chapter, a provider shall agree to pay or perform the obligations described in this section, as required by section 16(b)(1)(D) of this chapter.

     (d) A private person that claims to be:

(1) owed any rights, duties, or obligations by a holder under this section; and

(2) aggrieved by a holder’s alleged violation of this section;

may bring an action in a court with jurisdiction to enforce the rights, duties, or obligations claimed to be owed to the person.

     (e) As used in this section, “private person” does not include:

(1) the unit that issued the terminated local franchise;

(2) a political subdivision (as defined in IC 36-1-2-13) not described in subdivision (1); or

(3) any official, agent, or employee of:

(A) the unit that issued the terminated local franchise; or

(B) a political subdivision described in subdivision (2);

in the individual’s official capacity.

As added by P.L.27-2006, SEC.58. Amended by P.L.183-2006, SEC.2.

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