reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.6. Competition in the Provision of Telephone Services › 8-1-2.6-0.3. "Nonbasic Telecommunications Service"

Sec. 0.3. (a) As used in this chapter, "nonbasic telecommunications service" means retail telecommunications service other than:
(1) basic telecommunications service, except when the service is purchased by the customer:
(A) in conjunction with another service;
(B) as part of a package of services, a promotion, or a contract; or
(C) at an otherwise discounted price;
(2) commercial mobile radio service (as defined in 47 CFR 51.5);
(3) services outside the jurisdiction of the commission under section 1.1 of this chapter; and
(4) switched and special access services.
(b) The term includes services included in:
(1) customer specific contracts;
(2) volume, term, and discount pricing options; and
(3) packages, bundles, and promotions, including offers designed to obtain new customers, retain existing customers, or bring back former customers.
As added by P.L.27-2006, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.6. Competition in the Provision of Telephone Services › 8-1-2.6-0.4. "Provider"

Sec. 0.4. As used in this chapter, "provider" means a person or an entity that offers basic or nonbasic telecommunications service.
As added by P.L.27-2006, SEC.9.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.6. Competition in the Provision of Telephone Services › 8-1-2.6-0.5. "Rates and Charges"

Sec. 0.5. As used in this chapter, "rates and charges", with respect to basic telecommunications service, means the monthly charge to a customer for basic telecommunications service, including:
(1) recurring charges for flat rate and message rate service; and
(2) any nonrecurring charge for installation or a line or service connection.
As added by P.L.27-2006, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.6. Competition in the Provision of Telephone Services › 8-1-2.6-0.6. "Telecommunications"

Sec. 0.6. As used in this chapter, "telecommunications" has the meaning set forth in 47 U.S.C. 153.
As added by P.L.27-2006, SEC.11. Amended by P.L.7-2015, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.6. Competition in the Provision of Telephone Services › 8-1-2.6-0.7. "Telecommunications Service"

Sec. 0.7. As used in this chapter, "telecommunications service" has the meaning set forth in 47 U.S.C. 153.
As added by P.L.27-2006, SEC.12. Amended by P.L.7-2015, SEC.9.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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. Annual Commission Report to Interim Study Committee; Annual Interim Study Committee 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) In addition to reviewing the commission's annual report prepared under IC 8-1-1-14, 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.
(c) 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; P.L.9-2022, SEC.13; P.L.71-2022, SEC.3.
2023 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.6. Competition in the Provision of Telephone Services › 8-1-2.6-8. Repealed

As added by P.L.81-1988, SEC.2. Amended by P.L.27-2006, SEC.22. Repealed by P.L.256-2013, SEC.8.
2023 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.
2023 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.
2023 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.
2023 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. Repealed

As added by P.L.108-1989, SEC.1. Repealed by P.L.82-1997, SEC.19 and P.L.80-1997, SEC.24.
2023 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.
2023 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-1.5. Repealed

As added by P.L.80-1997, SEC.4 and P.L.82-1997, SEC.4. Repealed by P.L.159-1999, SEC.21.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-7. Ballots; Form; Eligible Voters; Results

Sec. 7. The board shall distribute secret written ballots to the members or shareholders present at the meeting. The form of the ballots must be as follows:
[] YES, I want to withdraw from the jurisdiction of the commission.
[] NO, I want to remain under the jurisdiction of the commission.
Only those members or shareholders present at the meeting are eligible to vote, and proxy votes are not permitted. Each member or shareholder present is entitled to one (1) vote on the question of withdrawal from commission jurisdiction. If a majority of members or shareholders present vote in favor of the utility withdrawing from commission jurisdiction, the withdrawal becomes effective thirty (30) days after the date of the vote. If less than a majority of the members or shareholders present vote in favor of withdrawal from commission jurisdiction, the utility is prohibited from seeking withdrawal for two (2) years following the date of the vote.
As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.10; P.L.82-1997, SEC.10; P.L.159-1999, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-8. Repealed

As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.11; P.L.82-1997, SEC.11. Repealed by P.L.159-1999, SEC.21.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-9. Effect of Withdrawal

Sec. 9. (a) Except as provided under subsection (c) or section 15 of this chapter, when a utility successfully withdraws from commission jurisdiction, the commission does not have authority to regulate the following:
(1) Rates and charges.
(2) Stocks, bonds, notes, or other evidence of indebtedness.
(3) Rules.
(4) The annual report filing requirement.
(b) When the number of patrons served by a withdrawn utility described in section 1.3(a)(1)(A) or 1.3(a)(2)(A) of this chapter reaches five thousand (5,000), the utility:
(1) becomes subject to the annual report filing requirement described in IC 8-1-2-16; and
(2) shall immediately notify the commission of the number of patrons served by the utility.
Upon receiving notice under subdivision (2), the commission may reassert jurisdiction over the utility, in whole or in part, after notice and hearing if the commission finds that the public interest so requires.
(c) As used in this subsection, "utility" refers to a utility described in section 1.3(a)(1)(B) of this chapter that is located in a county having a population of more than fifteen thousand four hundred (15,400) and less than fifteen thousand four hundred fifty (15,450). When one (1) utility has successfully withdrawn from commission jurisdiction under this chapter, upon the filing of a complaint by another utility that has not withdrawn from commission jurisdiction under this chapter, the commission shall reassert jurisdiction over the withdrawn utility with respect to the withdrawn utility's:
(1) rates and charges;
(2) rules; and
(3) operating and territorial authority;
that have been or may be established concerning the purchase of water for resale by the complaining utility from the withdrawn utility. The rates and charges described in subdivision (1) are subject to the requirements of IC 8-1-2-125. The burden of proof that the rates and charges described in subdivision (1) comply with IC 8-1-2-125 is on the withdrawn utility.
As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.12; P.L.82-1997, SEC.12; P.L.159-1999, SEC.11; P.L.226-2001, SEC.2; P.L.170-2002, SEC.58; P.L.119-2012, SEC.83; P.L.104-2022, SEC.59.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-10. Confirmation of Withdrawal

Sec. 10. (a) If a utility successfully withdraws from commission jurisdiction, the board of directors shall, within five (5) days of the meeting, send written confirmation to the secretary of the commission containing the following information:
(1) The total membership or number of shareholders of the utility.
(2) The total number present at the meeting.
(3) The vote totals both for and against withdrawal.
(4) Written verification of notice of the meeting.
(5) An affidavit, signed by all of the members of the board of directors, stating that all of the requirements of this chapter have been met.
(b) If a utility successfully withdraws from commission jurisdiction, the utility is not required to pay the public utility fee imposed under IC 8-1-6.
(c) Notwithstanding any other provision of this chapter, a utility described in section 1.3(a)(2) of this chapter that has withdrawn from commission jurisdiction remains subject to commission jurisdiction with regard to the requirements of IC 8-1-2-89(f).
(d) Whenever two (2) or more utilities described in section 1.3(a)(1) or 1.3(a)(2) of this chapter propose to consolidate, and at least one (1), but not all of the utilities have withdrawn from commission jurisdiction, then the following apply:
(1) For purposes of the consolidation, all of the utilities are under the commission's jurisdiction.
(2) The new corporation that is formed as a result of the consolidation is under the commission's jurisdiction for all purposes and must fully comply with this chapter in order to withdraw from commission jurisdiction.
(e) If two (2) or more utilities described in section 1.3(a)(1)(C) or 1.3(a)(2)(C) of this chapter propose to consolidate, and all of the cooperatives have withdrawn from commission jurisdiction, the new utility continues to operate outside the commission's jurisdiction under the terms of this section.
(f) The commission's approval is not required for consolidation of two (2) or more utilities that have all withdrawn from commission jurisdiction.
As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.13; P.L.82-1997, SEC.13; P.L.159-1999, SEC.12.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-11. Petition to Return to Commission Jurisdiction; Referendum; Ballot Form

Sec. 11. (a) Whenever the members or shareholders of a utility desire to return to commission jurisdiction, they must petition the commission. A petition signed by:
(1) at least fifteen percent (15%) of the members or shareholders; or
(2) the board of directors of the utility;
must first be submitted to the commission, informing that body of the utility's intent to conduct a referendum concerning the return to commission jurisdiction. The procedures outlined in sections 2 through 7 of this chapter must be followed when conducting a referendum under this section, except that the form of the ballots must be as follows:
[] YES, I want to return to the jurisdiction of the commission.
[] NO, I want to remain outside of the jurisdiction of the commission.
(b) The question of returning to commission jurisdiction may not be submitted to the members or shareholders within four (4) years after the date the utility withdrew from commission jurisdiction.
As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.14; P.L.82-1997, SEC.14; P.L.159-1999, SEC.13.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-12. Return to Commission Jurisdiction

Sec. 12. If a utility returns to commission jurisdiction, the commission assumes jurisdiction thirty (30) days after the date of the vote over the following:
(1) Rates and charges.
(2) Stocks, bonds, notes, or other evidence of indebtedness.
(3) Rules.
(4) The annual report filing requirement.
If less than a majority of the members or shareholders present vote in favor of returning to commission jurisdiction, a referendum on the question may not be conducted for four (4) years following the date of the vote.
As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.15; P.L.82-1997, SEC.15; P.L.159-1999, SEC.14.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-13. Confirmation of Return to Commission Jurisdiction

Sec. 13. If a utility attempts to return to commission jurisdiction, the board of directors shall, within five (5) days following the meeting, send written confirmation to the secretary of the commission containing the following information:
(1) The total membership or number of shareholders of the utility.
(2) The total number present at the meeting.
(3) The vote totals both for and against the return.
(4) Written verification of notice of the meeting.
(5) An affidavit, signed by all the members of the board of directors, stating that all of the requirements of this chapter have been met.
As added by P.L.108-1989, SEC.1. Amended by P.L.82-1997, SEC.16; P.L.80-1997, SEC.16; P.L.159-1999, SEC.15.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-14. Annual Reports of Utility Before Return to Commission Jurisdiction

Sec. 14. When a utility returns to commission jurisdiction, the commission may order the utility to file an annual report of the operation of its plant for each of the three (3) calendar years immediately preceding its return to commission jurisdiction on a form prescribed by the commission.
As added by P.L.108-1989, SEC.1. Amended by P.L.80-1997, SEC.17; P.L.82-1997, SEC.17; P.L.159-1999, SEC.16.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-14.5. Failure to Follow Procedures for Withdrawal From or Return to Commission's Jurisdiction

Sec. 14.5. (a) This section applies when a utility fails to follow the procedures provided in this chapter for withdrawal from or return to the commission's jurisdiction.
(b) To contest compliance with this chapter:
(1) parties aggrieved by the decision to withdraw from commission jurisdiction; or
(2) other interested parties;
must file an action in the circuit or superior court with jurisdiction in the county where the utility has its principal office.
(c) An action filed under this section must be filed not later than thirty (30) days after the date of the vote regarding commission jurisdiction over the utility.
As added by P.L.159-1999, SEC.17.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-15. Revocation or Limitation of Withdrawal From Commission Jurisdiction

Sec. 15. (a) This section applies after a utility has properly withdrawn from commission jurisdiction under this chapter.
(b) The commission shall revoke or limit the withdrawal from the jurisdiction of the commission of a utility if the lesser of:
(1) one hundred (100); or
(2) more than fifty percent (50%);
of the utility's customers file, individually or collectively, a verified petition with the commission and prove that the public interest requires the commission to revoke or limit the withdrawal from the jurisdiction of the commission.
(c) A petition may be filed with the commission under this section at any time following the withdrawal of the utility.
As added by P.L.82-1997, SEC.18. Amended by P.L.159-1999, SEC.18.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.7. Local Water Corporations; Indiana Utility Regulatory Commission Jurisdiction › 8-1-2.7-15.5. Policy Review Committee for a Not-for-Profit Utility Providing Water Service

Sec. 15.5. (a) This section applies to a utility that is described in section 1.3(a)(1)(B) of this chapter that has properly withdrawn from commission jurisdiction under this chapter.
(b) As used in this section, "committee" refers to a policy review committee established under this section.
(c) A policy review committee may be established for a utility if the lesser of:
(1) one hundred (100); or
(2) more than fifty percent (50%);
of the utility's customers file, individually or collectively, with the utility's board of directors, a verified petition under subsection (d) to establish the committee.
(d) A petition under this section must provide for the following:
(1) A procedure for establishing districts within the utility's service territory and for electing members, who must be customers of the utility residing within the established districts, to serve as members of the committee.
(2) The terms of the members of the committee.
(3) Procedures by which the committee is authorized to do the following:
(A) Receive complaints from customers of the utility concerning:
(i) rules and policies established by the utility's board of directors;
(ii) the utility's rates and charges;
(iii) utility service quality; or
(iv) other matters concerning the utility's operations, management, or service, as specifically set forth in the petition.
(B) Attempt to negotiate a resolution with the utility's board of directors with respect to a complaint received under clause (A).
(C) Seek mediation to be overseen by the office of the attorney general with respect to complaints that are not resolved through negotiations described in clause (B).
(4) Other matters that the petitioners consider appropriate with respect to the utility's operations, management, or service.
(e) The attorney general may adopt rules under IC 4-22-2, including emergency rules in the manner provided under IC 4-22-2-37.1, to implement this section.
As added by P.L.233-2017, SEC.10.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-1. "Ada"

Sec. 1. As used in this chapter, "ADA" refers to the federal Americans with Disabilities Act of 1990 (47 U.S.C. 225).
As added by P.L.75-1991, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-2. "Commission"

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission.
As added by P.L.75-1991, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-3. "Dual Party Relay Services"

Sec. 3. (a) As used in this chapter, "dual party relay services" means telecommunications transmission services that provide the ability for a person who has a hearing impairment or speech impairment to engage in communication with a hearing person in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment or speech impairment to communicate using voice communication services.
(b) The term includes services that enable two-way communication between a person who uses a telecommunications device for individuals who are deaf or other nonvoice terminal and a person who does not use such a device.
As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.28; P.L.99-2007, SEC.31.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-4. "Fcc"

Sec. 4. As used in this chapter, "FCC" refers to the Federal Communications Commission.
As added by P.L.75-1991, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-5. "Deaf, Hard of Hearing, or Speech Impaired Person"

Sec. 5. As used in this chapter, "deaf, hard of hearing, or speech impaired person" means a person who is so certified by a licensed physician, an otolaryngologist, a speech language pathologist, an audiologist, or a qualified state agency.
As added by P.L.75-1991, SEC.1. Amended by P.L.109-2012, SEC.3.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-6. "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired"

Sec. 6. As used in this chapter, "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired" or "InTRAC" means a corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 that meets the requirements of section 18 of this chapter.
As added by P.L.75-1991, SEC.1. Amended by P.L.1-2010, SEC.39.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-7. "Local Exchange Access Service"

Sec. 7. As used in this chapter, "local exchange access service" means telephone exchange access lines or channels that provide local access to the local telecommunications network to effect the transfer of information.
As added by P.L.75-1991, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-8. "Local Exchange Company"

Sec. 8. As used in this chapter, "local exchange company" or "LEC" refers to any communications service provider (as defined in IC 8-1-2.6-13(b)) that:
(1) has a certificate of territorial authority on file with the commission; and
(2) is required to provide dual party relay services to deaf, hard of hearing, and speech impaired persons under federal law.
As added by P.L.75-1991, SEC.1. Amended by P.L.27-2006, SEC.29; P.L.109-2012, SEC.4.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-9. "Telephone Company"

Sec. 9. As used in this chapter, "telephone company" means:
(1) any natural person, firm, association, corporation, or partnership, owning, leasing, or operating any lines, facilities, or systems used in the furnishing of telephone service; and
(2) any common carrier or carrier as those terms are defined in Title IV of the ADA.
As added by P.L.75-1991, SEC.1.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-10. Findings and Declarations

Sec. 10. The general assembly finds and declares the following:
(1) That it is in the public interest of the state to promptly provide deaf, hard of hearing, or speech impaired persons with access to telecommunications services that are functionally equivalent to those provided to hearing persons.
(2) That Title IV of the ADA mandates that each telephone company providing telephone service within the state must provide dual party relay services on or before July 26, 1993, to deaf, hard of hearing, and speech impaired persons within the territorial area or areas it serves in a manner that meets or exceeds the requirements of regulations prescribed by the FCC.
(3) That the most efficient, cost effective, and fair method for LECs to provide dual party relay services to deaf, hard of hearing, and speech impaired persons and to comply with the federal mandate without the use of tax revenues is the establishment of the Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired under this chapter.
(4) That the provision of dual party relay services to deaf, hard of hearing, and speech impaired persons can be enhanced by providing in appropriate circumstances in the sole discretion of the InTRAC telecommunications devices that facilitate access to the dual party relay services.
As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.1; P.L.27-2006, SEC.30; P.L.109-2012, SEC.5.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 2.8. Dual Party Relay Services for Persons Who Are Deaf, Hard of Hearing, or Speech Impaired › 8-1-2.8-11. Residential and Business Lines; Surcharge

Sec. 11. Beginning on June 1, 1991, the commission shall require each LEC to impose a monthly surcharge in the amount of five cents ($0.05) on each residential and business line (or line equivalent) of its customers to fund and recover costs for developing and providing dual party relay services that may include in appropriate circumstances in the sole discretion of the InTRAC providing telecommunications devices to deaf, hard of hearing, and speech impaired persons.
As added by P.L.75-1991, SEC.1. Amended by P.L.80-1996, SEC.2; P.L.109-2012, SEC.6.