2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 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

Sec. 30. (a) As used in this section, "designated employee" means a holder's:
(1) employee; or
(2) authorized agent;
whom the holder designates or will designate to receive direct marketing authority.
(b) As used in this section, "direct marketing authority" means the authority granted by the commission to a holder to market any service or product offered by the holder directly to all households and businesses in a service area served by the holder.
(c) As used in this section, "political subdivision" has the meaning set forth in IC 36-1-2-13.
(d) A holder may apply to the commission, in the manner and form prescribed by the commission, for direct marketing authority. An application must include the following information with respect to each designated employee of the holder:
(1) Name.
(2) Home address.
(3) Driver's license number.
(4) A certification described in subsection (e)(1).
(e) In an application under subsection (d), a holder shall include the following:
(1) A certification by the holder that each designated employee satisfies the following requirements:
(A) The employee is at least eighteen (18) years of age.
(B) The employee has a high school diploma or the equivalent of a high school diploma.
(C) The employee has not been convicted of a felony within the seven (7) years immediately preceding the date of the application.
(D) Within the seven (7) years immediately preceding the date of the application, the employee has not been released from incarceration after serving time for a felony conviction.
(E) The employee has not been convicted of:
(i) a misdemeanor involving fraud, deceit, or dishonesty;
(ii) a battery offense included in IC 35-42-2 as a misdemeanor; or
(iii) two (2) or more misdemeanors involving the illegal use of alcohol or the illegal sale, use, or possession of a controlled substance;
within the five (5) years immediately preceding the date of the application.
(F) The employee has a valid driver's license.
(2) Proof of financial responsibility.
(f) A holder may comply with subsection (e)(1) by submitting to the commission a document signed by the holder in which the holder:
(1) identifies each designated employee by name, home address, and driver's license number;
(2) certifies that each designated employee has been the subject of a criminal history background check for each jurisdiction in the United States in which the designated employee has lived or worked within the seven (7) years immediately preceding the date of the application; and
(3) affirms that the background check described in subdivision (2) for each designated employee indicates that the designated employee satisfies the requirements set forth in subsection (e)(1), as applicable.
(g) Not more than fifteen (15) days after the commission receives an application under subsection (d), the commission shall determine whether the application is complete and properly verified. If the commission determines that the application is incomplete or not properly verified, the commission shall notify the applicant holder of the deficiency and allow the holder to resubmit the application after correcting the deficiency. If the commission determines that the application is complete and properly verified, the commission shall issue an order granting the holder direct marketing authority. The order must contain the following:
(1) The name of the holder.
(2) The names of designated employees of the holder.
(3) A grant of direct marketing authority to the holder and designated employees of the holder.
(4) The date on which the order takes effect.
The commission shall provide public notice of an order granting direct marketing authority under this subsection by posting the order on the commission's Internet web site.
(h) A holder that has direct marketing authority shall notify the commission in a timely manner of any changes to the holder's list of designated employees. A designated employee may exercise direct marketing authority immediately upon the holder's submission to the commission of all information required under subsection (e)(1) with respect to the designated employee.
(i) Only the commission is authorized to grant direct marketing authority to a holder under this section. However, subject to subsection (j), with respect to direct marketing activities in a holder's service area within a political subdivision, this section does not prohibit a holder from electing to:
(1) apply for marketing or solicitation authority directly from the political subdivision; and
(2) exercise any marketing or solicitation authority under a license, permit, or other authority granted by the political subdivision before, on, or after June 30, 2013;
instead of applying for and exercising direct marketing authority granted by the commission under this section.
(j) A political subdivision may not do any of the following:
(1) Require a holder that is granted direct marketing authority from the commission under this section to also obtain marketing or solicitation authority from the political subdivision in order to engage in direct marketing in the holder's service area within the political subdivision.
(2) Impose any licensing requirement or fee on a holder in connection with any direct marketing authority granted to the holder by the commission under this section with respect to the holder's service area within the political subdivision.
(3) Except as provided in subsection (k), otherwise regulate a holder that is granted direct marketing authority from the commission under this section and that engages in direct marketing in the holder's service area within the political subdivision.
(k) A political subdivision may enforce any ordinance or regulation that:
(1) imposes restrictions as to the hours or manner in which direct marketing activities may be performed in the political subdivision; and
(2) applies uniformly to all persons engaging in direct marketing or other soliciting in the political subdivision, regardless of:
(A) the product or service being marketed; or
(B) the type of business engaged in by the person engaging in the direct marketing or other soliciting.
As added by P.L.241-2013, SEC.2. Amended by P.L.65-2016, SEC.3; P.L.177-2018, SEC.12.