Indiana Code
Chapter 32.4. Telecommunications Providers of Last Resort
8-1-32.4-16. Exclusive Service Arrangements; Relief From Provider of Last Resort Obligations

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:
(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.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1. Utilities Generally

Chapter 32.4. Telecommunications Providers of Last Resort

8-1-32.4-1. Application of Definitions

8-1-32.4-2. "Approved Alternative Technology"

8-1-32.4-3. "Basic Telecommunications Service"

8-1-32.4-3.2. "Communications Service Provider"

8-1-32.4-4. "Exiting Provider"

8-1-32.4-5. "Facilities Based Local Exchange Carrier"

8-1-32.4-6. "Incumbent Local Exchange Carrier"

8-1-32.4-7. "Local Exchange Carrier"

8-1-32.4-8. "Local Exchange Service"

8-1-32.4-9. "Provider of Last Resort"

8-1-32.4-10. Repealed

8-1-32.4-11. Obligations of Incumbent Local Exchange Carrier as Provider of Last Resort; Satisfaction of Obligations Using Any Available Technology

8-1-32.4-12. Exiting Provider; Advance Notice Required; Liability for Charges Owed to Other Providers

8-1-32.4-13. Relief From Provider of Last Resort Obligations; Installation of Facilities by Another Provider

8-1-32.4-14. Repealed

8-1-32.4-15. Commission's Declaration of Emergency; Order to Expedite Availability of Voice Service; Authorization for Provider to Offer Voice Service Through Any Available Technology

8-1-32.4-16. Exclusive Service Arrangements; Relief From Provider of Last Resort Obligations

8-1-32.4-17. Relief From Provider of Last Resort Obligation; Notice by Incumbent Local Exchange Carrier; Presence of Two Etc Eligible Providers Required Before July 1, 2014; Obligations Under Federal Law Not Affected; "Etc Eligible Communications Ser...