Indiana Code
Chapter 34. Video Service Franchises
8-1-34-21. Election to Operate Under Local Franchise; Termination of Local Franchise; Notice; Outstanding and Prepaid Franchise Fees

Sec. 21. (a) For purposes of this section, a provider is considered to be a holder of a local franchise on June 30, 2006, if:
(1) the provider; or
(2) any affiliate or successor entity of the provider;
holds a local franchise to provide video service in a unit on June 30, 2006.
(b) After June 30, 2006, a provider that is the holder of a local franchise on June 30, 2006, regardless of whether the provider is the incumbent provider in the local franchise service area, may elect to:
(1) continue providing video service under the local franchise until the local franchise expires; or
(2) subject to section 22 of this chapter, terminate the local franchise and apply to the commission for a certificate under this chapter.
(c) A provider that elects to terminate a local franchise under subsection (b) must provide written notice of the provider's election to:
(1) the commission; and
(2) the affected unit;
not later than November 1, 2006. The local franchise is terminated on the date the commission issues a certificate to the provider under this chapter.
(d) Not later than ninety (90) days after a local franchise is terminated under subsection (c), the provider that terminated the local franchise shall remit to the affected unit any accrued but unpaid franchise fees due under the local franchise. If the provider has credit remaining from any prepaid franchise fees, the provider may deduct the amount of the credit from any future fees or taxes owed to the affected unit.
As added by P.L.27-2006, SEC.58.

Structure Indiana Code

Indiana Code

Title 8. Utilities and Transportation

Article 1. Utilities Generally

Chapter 34. Video Service Franchises

8-1-34-1. "Affiliate"

8-1-34-2. "Certificate"

8-1-34-3. "Commission"

8-1-34-4. "Franchise"

8-1-34-5. "Gross Revenue"

8-1-34-6. "Holder"

8-1-34-7. "Incumbent Provider"

8-1-34-8. "Local Franchise"

8-1-34-9. "Other Programming Service"

8-1-34-10. "Person"

8-1-34-11. "Provider"

8-1-34-12. "Unit"

8-1-34-13. "Video Programming"

8-1-34-14. "Video Service"

8-1-34-15. "Video Service System"

8-1-34-16. Commission as Sole Franchising Authority; Application; Confidential Information; Filing Fee; Level of Specificity in Identifying Service Areas or Planned Service Areas; Programming Information Not Required

8-1-34-17. Issuance of Certificate; Build-Out Requirements Prohibited; Settlement Agreements Approved Before July 29, 2004; Use of Rights-of-Way

8-1-34-18. Transfer of Certificate

8-1-34-19. Termination of Certificate by Holder

8-1-34-20. Notice of Change; Notice of Intent to Provide Service; Customer Notification Requirements

8-1-34-21. Election to Operate Under Local Franchise; Termination of Local Franchise; Notice; Outstanding and Prepaid Franchise Fees

8-1-34-22. Terminated Local Franchise; Rights, Duties, and Obligations Owed to Private Persons; Right of Action; "Private Person"

8-1-34-23. Gross Revenue; Determination Under Existing Local Franchise; Determination When No Local Franchise Exists; Unincorporated Areas; Annexed Territory

8-1-34-24. Franchise Fee; Percentage of Gross Revenue; Unincorporated Areas; Disputes Over Gross Revenue Calculation; Pass Through to Subscribers; Billing Itemization; Fee Under Local Franchise

8-1-34-24.5. Video Service Franchise Fees; Local and State Reports

8-1-34-25. Peg Channel Capacity, Facilities, and Financial Support; Unit With Existing Requirements

8-1-34-26. Peg Channel Capacity, Facilities, and Financial Support; Units or Areas Without Existing Requirements; Authority of Commission to Require

8-1-34-26.5. Additional Peg Channel Capacity

8-1-34-27. Operation of Peg Channel; Compatibility With Provider's System; Interconnection of Systems; Enforcement Authority

8-1-34-28. Discrimination Based on Income Prohibited; Use of Alternative Technology; Petition for Equitable Relief; Order by Commission; Right to Appeal

8-1-34-29. Institutional Network Capacity; Video Service to Public Buildings; Provision Under Terms of Local Franchise; Continuation of Services After December 31, 2008, or Expiration of Franchise; Apportionment of Costs

8-1-34-30. Direct Marketing Authority for Holders; Application to Commission; Designated Employees; Certification; Option to Apply for Authority From Political Subdivision; Limited Local Regulation