reglab/housing_qa huggingface dataset:
IN Code § 8-1-2.6-1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-1. Legislative Declaration

Sec. 1. The Indiana general assembly hereby declares that:(1) the maintenance of universal telephone service is a continuing goal of the commission in the exercise of its jurisdiction;(2) competition has become commonplace in the provision of telecommunications services in Indiana and the United States;(3) advancements in and the convergence of technologies that provide voice, video, and data transmission, including:(A) landline, wireless, cable, satellite, and Internet transmissions; and(B) transmissions involving voice over Internet Protocol (VOIP), Internet Protocol enabled services, and voice over power lines;are substantially increasing consumer choice, reinventing the marketplace with unprecedented speed, and making available highly competitive products and services and new methods of delivering local exchange service;(4) traditional regulatory policies, practices, and statutes are not designed to deal with a competitive environment and technological advancements;(5) an environment in which Indiana consumers will have available the widest array of state-of-the-art communications services at the most economic and reasonable cost possible will necessitate full and fair facilities based competition in the delivery of telecommunications services throughout Indiana; and(6) streamlining of, and flexibility in, the regulation of providers of telecommunications services, regardless of the technology used, is essential to the well-being of Indiana, its economy, and its citizens, and that the public interest requires that the commission be authorized to formulate and adopt rules and policies as will permit the commission, in the exercise of its expertise, to regulate and control the provision of telecommunications services to the public in an increasingly competitive and technologically changing environment, giving due regard to the interests of consumers and the public, the ability of market forces to encourage innovation and investment, and the continued universal availability of basic telecommunications service.As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.32; P.L.27-2006, SEC.13.
IN Code § 8-1-2.6-1.1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-1.1. Services Not Subject to Commission Jurisdiction

Sec. 1.1. The commission shall not exercise jurisdiction over:(1) advanced services (as defined in 47 CFR 51.5);(2) broadband service, however defined or classified by the Federal Communications Commission;(3) information service (as defined in 47 U.S.C. 153;(4) Internet Protocol enabled retail services:(A) regardless of how the service is classified by the Federal Communications Commission; and(B) except as expressly permitted under IC 8-1-2.8;(5) commercial mobile service (as defined in 47 U.S.C. 332); or(6) any service not commercially available on March 28, 2006.As added by P.L.27-2006, SEC.14. Amended by P.L.1-2007, SEC.69; P.L.7-2015, SEC.10.
IN Code § 8-1-2.6-1.2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-1.2. Nonbasic Telecommunications Service; Commission's Limited Jurisdiction

Sec. 1.2. Except as provided in sections 1.5(b) and 13 of this chapter, after March 27, 2006, the commission shall not exercise jurisdiction over any nonbasic telecommunications service.As added by P.L.27-2006, SEC.15. Amended by P.L.1-2007, SEC.70; P.L.256-2013, SEC.2.
IN Code § 8-1-2.6-1.3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-1.3. Measured Local Service Prohibited

Sec. 1.3. A provider that offers basic telecommunications service in Indiana:(1) must offer a flat monthly rate with unlimited local calling for basic telecommunications service in each local exchange area in Indiana in which the provider offers basic telecommunications service; and(2) may not, in any local exchange area in Indiana in which the provider offers basic telecommunications service, offer any service plan for basic telecommunications service that includes measured local service.As added by P.L.27-2006, SEC.16. Amended by P.L.256-2013, SEC.3.
IN Code § 8-1-2.6-1.4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-1.4. Basic Telecommunications Service; Commission's Limited Jurisdiction

Sec. 1.4. Except as provided in sections 1.5(b) and 13 of this chapter, after June 30, 2009, the commission shall not exercise jurisdiction over basic telecommunications service.As added by P.L.27-2006, SEC.17. Amended by P.L.1-2007, SEC.71; P.L.256-2013, SEC.4.
IN Code § 8-1-2.6-1.5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-1.5. Commission's Delegated Authority; Intrastate Switched or Special Access Service Rates and Charges; Filing of Tariff

Sec. 1.5. (a) In acting to impose any requirements or set any prices concerning:(1) interconnection with the facilities and equipment of providers for purposes of 47 U.S.C. 251(c)(2);(2) the resale of telecommunications service for purposes of 47 U.S.C. 251(c)(4); or(3) the unbundled access of one (1) provider to the network elements of another provider for purposes of 47 U.S.C. 251(c)(3);the commission shall not exceed the authority delegated to the commission under federal laws and regulations with respect to those actions.(b) Subject to any regulations adopted by the Federal Communications Commission, this section does not affect:(1) the commission's authority to mediate a dispute between providers under 47 U.S.C. 252(a);(2) the commission's authority to arbitrate a dispute between providers under 47 U.S.C. 252(b);(3) the commission's authority to approve an interconnection agreement under 47 U.S.C. 252(e), including the authority to establish service quality metrics and liquidated damages;(4) the commission's authority to review and approve a provider's statement of terms and conditions under 47 U.S.C. 252(f);(5) a provider's ability to file a complaint with the commission to have a dispute decided by the commission:(A) after notice and hearing; and(B) in accordance with this article; or(6) the commission's authority to resolve an interconnection dispute between providers under the expedited procedures set forth in 170 IAC 7-7.(c) If a provider's rates and charges for intrastate switched or special access service are:(1) at issue in a dispute that the commission is authorized to mediate, arbitrate, or otherwise determine under state or federal law; or(2) included in an interconnection agreement or a statement of terms and conditions that the commission is authorized to review or approve under state or federal law;the commission shall consider the provider's rates and charges for intrastate switched or special access service to be just and reasonable if the intrastate rates and charges mirror the provider's interstate rates and charges for switched or special access service.(d) If the commission requires a provider to file a tariff for intrastate switched access service, special access service, or any other service, the filing of the tariff with the commission serves as the public notice of the filing of the tariff. The commission shall provide the public with notice of tariff filings through the commission's Internet web site or other electronic means.As added by P.L.27-2006, SEC.18. Amended by P.L.256-2013, SEC.5; P.L.107-2014, SEC.1.
IN Code § 8-1-2.6-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-2. Rules and Orders of the Commission; Notice and Hearing; Underlying Policies; Determination of Public Interest

Sec. 2. (a) This section applies to rules and orders that:(1) concern telecommunications service or providers of telecommunications service; and(2) may be adopted or issued by the commission under the authority of state or federal law.(b) Rules and orders described in this section:(1) may be adopted or issued only after notice and hearing, unless:(A) the commission determines in accordance with IC 8-1-2-113 that an emergency exists that requires the commission or a provider to take immediate action to:(i) prevent injury to the business or interests of the citizens of Indiana; or(ii) maintain a provider's financial integrity and ability to provide adequate basic telecommunications service;(B) the commission is authorized under IC 8-1-2 to adopt a particular rule or issue a particular order without the necessity of a hearing; or(C) after receiving notice of the commission's proposed action, all parties to a proceeding consent to the commission taking action without a hearing; and(2) must be:(A) consistent with this chapter; and(B) in the public interest, as determined by the commission under subsection (d).(c) Rules and orders described in this section must promote one (1) or more of the following:(1) Cost minimization for providers to the extent that a provider's quality of service and facilities are not diminished.(2) A more accurate evaluation by the commission of a provider's physical or financial conditions or needs as well as a less costly regulatory procedure for either the provider, the provider's customers, or the commission.(3) Consumer access to affordable basic telecommunications service.(4) Development of depreciation guidelines and procedures that recognize technological obsolescence.(5) Increased provider management efficiency beneficial to customers.(6) Regulation consistent with a competitive environment.(d) In determining whether the public interest will be served, as required under subsection (b), the commission shall consider:(1) whether technological change, competitive forces, or regulation by other state and federal regulatory bodies render the exercise of jurisdiction by the commission unnecessary or wasteful;(2) whether the exercise of commission jurisdiction produces tangible benefits to the customers of providers; and(3) whether the exercise of commission jurisdiction inhibits a regulated entity from competing with unregulated providers of functionally similar telecommunications services or equipment.As added by P.L.92-1985, SEC.1. Amended by P.L.27-2006, SEC.19; P.L.107-2014, SEC.2.
IN Code § 8-1-2.6-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-4. Commission's Annual Report to Interim Study Committee; Committee's Report to Legislative Council

Sec. 4. (a) As used in this section, "committee" means the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4.(b) The commission shall, by July 1 of each year, report to the committee in an electronic format under IC 5-14-6 on the following:(1) The effects of competition and technological change on universal service and on pricing of all telecommunications services offered in Indiana.(2) The status of competition and technological change in the provision of video service (as defined in IC 8-1-34-14) available to Indiana customers, as including the following information:(A) The number of multichannel video programming distributors offering video service to Indiana customers.(B) The technologies used to provide video service to Indiana customers.(C) The advertised programming and pricing options offered by video service providers to Indiana customers.(3) Best practices concerning vertical location of underground facilities for purposes of IC 8-1-26. A report under this subdivision must address the viability and economic feasibility of technologies used to vertically locate underground facilities.(c) In addition to reviewing the commission report prepared under subsection (b), the committee may also issue a report and recommendations to the legislative council by November 1 of each year that is based on a review of the following issues:(1) The effects of competition and technological change in the telecommunications industry and impact of competition on available subsidies used to maintain universal service.(2) The status of modernization of the publicly available telecommunications infrastructure in Indiana and the incentives required to further enhance this infrastructure.(3) The effects on economic development and educational opportunities of the modernization described in subdivision (2).(4) The current methods of regulating providers, at both the federal and state levels, and the effectiveness of the methods.(5) The economic and social effectiveness of current telecommunications service pricing.(6) All other telecommunications issues the committee deems appropriate.The report and recommendations issued under this subsection to the legislative council must be in an electronic format under IC 5-14-6.(d) The committee shall, with the approval of the commission, retain the independent consultants the committee considers appropriate to assist the committee in the review and study. The expenses for the consultants shall be paid by the commission.As added by P.L.92-1985, SEC.1. Amended by P.L.23-1988, SEC.33; P.L.55-1992, SEC.1; P.L.224-2003, SEC.277; P.L.28-2004, SEC.71; P.L.27-2006, SEC.20; P.L.62-2009, SEC.1; P.L.256-2013, SEC.6; P.L.241-2013, SEC.1; P.L.53-2014, SEC.76; P.L.177-2021, SEC.4.
IN Code § 8-1-2.6-4.1 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-4.1. Biennial Review of Rules

Sec. 4.1. (a) Not later than:(1) July 1, 2007; and(2) July 1 of each odd-numbered year after July 1, 2007;the commission shall, through a rulemaking proceeding under IC 4-22-2 or another commission proceeding, identify and eliminate rules and policies concerning telecommunications service and telecommunications service providers if the rules or policies are no longer necessary in the public interest or for the protection of consumers as the result of meaningful economic competition between providers of telecommunications services.(b) A rule adopted under subsection (b) (as subsection (b) was in effect before its expiration on June 30, 2013) is void after June 30, 2013.As added by P.L.27-2006, SEC.21. Amended by P.L.256-2013, SEC.7; P.L.53-2014, SEC.77.
IN Code § 8-1-2.6-14 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-14. Payment of Switched Network Access Rates and Other Carrier Compensation Not Affected

Sec. 14. This chapter does not affect the rights and obligations of any person or entity concerning the payment of switched network access rates or other carrier compensation concerning:(1) Internet Protocol enabled services;(2) advanced services (as defined in 47 CFR 51.5);(3) broadband service; or(4) other Internet access services.As added by P.L.27-2006, SEC.25.
IN Code § 8-1-2.6-15 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-15. Statutory Conflicts

Sec. 15. If there is a conflict between this chapter and another provision of this article, this chapter controls.As added by P.L.27-2006, SEC.26. Amended by P.L.256-2013, SEC.11.
IN Code § 8-1-2.6-17 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.6. Competition in the Provision of Telephone Services|8-1-2.6-17. Delegation of Authority to Grant Numbering Requests

Sec. 17. The commission may delegate to staff the authority to grant requests for numbering resources submitted through the safety valve process established by the Federal Communications Commission as provided In the Matter of Numbering Resource Optimization: Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, 17 FCC Rcd 252 (FCC 01-362, 2001). An action taken by commission staff under this section is appealable to the commission.As added by P.L.219-2011, SEC.1.
IN Code § 8-1-2.7-1.3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-1.3. Applicability of Chapter

Sec. 1.3. (a) This chapter applies to the following:(1) A public utility established to provide water service that is:(A) privately owned and serves less than three hundred (300) customers;(B) a not-for-profit utility (as defined by IC 8-1-2-125(a));(C) a cooperative corporation exempt from state and federal income taxation; or(D) a conservancy district established under IC 14-33-2 that:(i) has as a purpose of the district the provision of a water supply, including the treatment and distribution of water, for domestic, industrial, and public use; and(ii) provides water service to less than two thousand (2,000) customers.(2) A public utility established to provide sewage disposal service (as defined in IC 8-1-2-89(a)(1)) that holds a certificate of territorial authority as required by IC 8-1-2-89, and that is:(A) privately owned and serves less than three hundred (300) customers;(B) a not-for-profit utility (as defined in IC 8-1-2-125(a)); or(C) a cooperative corporation exempt from state and federal income taxation.(3) Except as provided in subsection (b), a legal entity providing only sewage treatment service to a not-for-profit sewage disposal company.(b) Subsection (a)(3) does not include a sewage treatment provider that is otherwise subject to the commission's jurisdiction.As added by P.L.82-1997, SEC.2 and P.L.80-1997, SEC.2. Amended by P.L.159-1999, SEC.2; P.L.78-2007, SEC.1.
IN Code § 8-1-2.7-1.4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-1.4. "Members" and "Shareholders" Defined

Sec. 1.4. As used in this chapter, "members" of a not-for-profit water or sewage disposal company and "shareholders" of a privately owned water or sewage disposal company shall also include the customers of that utility.As added by P.L.80-1997, SEC.3 and P.L.82-1997, SEC.3. Amended by P.L.159-1999, SEC.3.
IN Code § 8-1-2.7-1.6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-1.6. "Sewage Treatment Provider" Defined

Sec. 1.6. (a) As used in this chapter, "sewage treatment provider" means a legal entity that provides only sewage treatment service to a not-for-profit sewage disposal company.(b) As used in this chapter, "sewage treatment recipient" means a not-for-profit sewage disposal company that receives sewage treatment service from another legal entity.As added by P.L.159-1999, SEC.4.
IN Code § 8-1-2.7-1.7 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-1.7. Entity Contracting With Nonprofit Public Sewage Utility Not Subject to Commission Jurisdiction

Sec. 1.7. (a) This section does not apply to a sewage treatment provider that is otherwise subject to the jurisdiction of the commission.(b) When a sewage treatment provider contracts to provide only sewage treatment service to a sewage treatment recipient, the sewage treatment provider is not subject to the jurisdiction of the commission, regardless of whether the sewage treatment recipient is subject to the jurisdiction of the commission.As added by P.L.80-1997, SEC.5 and P.L.82-1997, SEC.5. Amended by P.L.159-1999, SEC.5.
IN Code § 8-1-2.7-2 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-2. Withdrawal of Utility From Commission Jurisdiction

Sec. 2. (a) This chapter provides the exclusive statutory manner for a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter to withdraw from the jurisdiction of the commission for the approval of the following:(1) Rates and charges.(2) Stocks, bonds, notes, or other evidence of indebtedness.(3) Rules.(4) The annual report filing requirement.(b) Notwithstanding any other provision in this article, a sewer disposal company described in section 1.3(a)(2) of this chapter shall not initiate operations or provide service or seek commission authority to do so within a territory for which the commission has granted operating and territorial authority to any other entity, which has not been revoked.(c) A sewage disposal company described in section 1.3(a)(2) of this chapter that has withdrawn from commission jurisdiction under this chapter shall offer service to all customers within the territory for which the commission has granted the utility territorial authority.As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.6; P.L.82-1997, SEC.6; P.L.159-1999, SEC.6.
IN Code § 8-1-2.7-3 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-3. Approval for Withdrawal

Sec. 3. A utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter that proposes to withdraw from the jurisdiction of the commission must first obtain approval from its members or shareholders.As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.7; P.L.82-1997, SEC.7; P.L.159-1999, SEC.7.
IN Code § 8-1-2.7-4 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-4. Referendum on Withdrawal

Sec. 4. The board of directors of a utility described in section 1.3(a)(1) or 1.3(a)(2) of this chapter must conduct a referendum among its members or shareholders to determine whether the members or shareholders approve the withdrawal from commission jurisdiction.As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.8; P.L.82-1997, SEC.8; P.L.159-1999, SEC.8.
IN Code § 8-1-2.7-5 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-5. Notice of Special Meeting for Referendum

Sec. 5. The referendum must be conducted at a special meeting called by the board. Written notice of the meeting must be sent to every member or shareholder of the withdrawing utility and to the secretary of the commission not less than thirty (30) days before the date of the meeting. The notice must contain the following information:(1) The place, date, and hour of the meeting.(2) The purpose of the meeting, including an explanation of what the withdrawal from commission jurisdiction entails.(3) The fact that no proxies will be permitted.As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.9; P.L.82-1999, SEC.9; P.L.159-1999, SEC.9.
IN Code § 8-1-2.7-6 (2021)
2021 Indiana Code|Title 8. Utilities and Transportation|Article 1. Utilities Generally|Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction|8-1-2.7-6. Quorum

Sec. 6. A quorum consisting of not less than five percent (5%) of the members must be present at the meeting to transact business and to take official action regarding the jurisdiction question.As added by P.L.108-1989, SEC.1.