Sec. 9. (a) A hearing is not required in connection with the issuance of a certificate under this chapter. However, the commission shall conduct a hearing, subject to the requirements for hearings under IC 8-1-2 for public utilities, upon the request of any of the following:
(1) The communications service provider submitting the application.
(2) Any facilities based local exchange carrier offering service in a service area identified in the provider's application under section 6(a)(4) of this chapter.
(3) The office of utility consumer counselor created by IC 8-1-1.1-2.
(4) The commission, on its own motion.
(b) A hearing conducted under this section shall be limited to consideration of one (1) or more of the following issues:
(1) Whether the application and documents submitted under section 6 of this chapter are accurate, complete, and properly verified.
(2) The communications service provider's financial, managerial, and technical ability to provide the communications service for which it seeks a certificate under this chapter.
(c) The commission may not require a:
(1) communications service provider; or
(2) facilities based local exchange carrier offering service in a service area identified in the provider's application under section 6(a)(4) of this chapter;
to be represented by counsel at a hearing under this section.
As added by P.L.27-2006, SEC.55.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 1. Utilities Generally
Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers
8-1-32.5-1. Application of Chapter
8-1-32.5-3. "Communications Service"
8-1-32.5-4. "Communications Service Provider"
8-1-32.5-5. "Facilities Based Local Exchange Carrier"
8-1-32.5-7. Duplicate Copies of Application and Documents
8-1-32.5-9. Request for Hearing; Limited Issues; Representation by Counsel Not Required
8-1-32.5-10. Sale, Assignment, Lease, or Transfer of Certificate; Encumbrance of Certificate
8-1-32.5-11. Tariff Not Required; Customer Notification Requirements; Tariff Effective Upon Filing
8-1-32.5-13. Record of Certificates Issued; Public Access
8-1-32.5-15. Commission's Authority to Adopt Rules
8-1-32.5-16. Ineligibility of Certain Communications Service Providers for Property Tax Exemptions