Indiana Code 8-1-34-28. Discrimination based on income prohibited; use of alternative technology; petition for equitable relief; order by commission; right to appeal
(1) A provider that holds a certificate issued by the commission under this chapter.
Terms Used In Indiana Code 8-1-34-28
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- franchise: means an initial authorization, or a renewal of an authorization, that:
Indiana Code 8-1-34-4
- 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.
- 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
- video service: means :
Indiana Code 8-1-34-14
- video service system: means a system, consisting of a set of transmission paths and associated signal generation, reception, and control equipment, that is designed to provide video service directly to subscribers within a community. See Indiana Code 8-1-34-15
(b) Subject to section 17(b) of this chapter, a provider may not deny access to video service to any group of potential residential subscribers based on the income level of the residents in the local area in which the group resides. However, a provider:
(1) shall have a reasonable time to become capable of providing video service to all households within a service area included in the provider’s franchise; and
(2) may satisfy the requirements of this subsection through the use of an alternative technology that:
(A) offers content, service, and functionality comparable to that provided through the provider’s video service system, as determined by the commission; and
(B) may include a technology that does not require the use of any public right-of-way.
(c) For purposes of this subsection, an “affected person” includes the following:
(1) A potential subscriber of video service from a provider.
(2) A local unit in which a person described in subdivision (1) resides, acting on behalf of the person or other similarly situated persons.
An affected person that alleges a violation of subsection (b) by a provider may petition the commission for equitable relief. Not later than forty-five (45) days after receiving a petition under this subsection, the commission shall, after notice and an opportunity for hearing, make a determination as to whether a violation of subsection (b) has occurred.
(d) If, after holding any hearing requested in the matter, the commission determines that no violation of subsection (b) has occurred, the commission’s decision is final, subject to the petitioner’s right to appeal the decision in a court having jurisdiction. If the commission determines that a violation of subsection (b) has occurred, the commission may issue an order requiring the provider to offer video service to those persons to whom access to the provider’s video service has been denied. An order of the commission under this subsection must specify the following:
(1) A date by which the provider must offer video service to those persons to whom access has been denied as a result of the provider’s violation. In specifying a date under this subdivision, the commission shall allow the provider a reasonable time to become capable of providing the required video service to the affected households.
(2) Any alternative technology described in subsection (b)(2) that the commission approves for use by the provider in making video service available to the affected households.
Except as provided in subsection (e), an order of the commission under this subsection is final.
(e) A provider may appeal:
(1) a determination by the commission under subsection (d) that a violation of subsection (b) has occurred; or
(2) any findings or requirements of the order issued in connection with the commission’s finding of a violation;
in a court having jurisdiction.
As added by P.L.27-2006, SEC.58.