TITLE 170 INDIANA UTILITY REGULATORY COMMISSION

Amends 170 IAC 7-1.2-1 to include eligible communications carriers (ETCs) and remove some rules related to local exchange carriers (LECs). Amends 170 IAC 7-1.2-2 to add definitions for commercial mobile radio service, ETC, and outage, and remove various definitions. Amends 170 IAC 7-1.2-3 to refer to ETCs instead of LECs and refer to federal requirements and standards. Amends 170 IAC 7-1.2-4 to refer to ETCs instead of LECs and remove some requirements for LECs. Amends 170 IAC 7-1.2-7 to refer to communication service providers (CSPs) instead of LECs. Amends 170 IAC 7-1.2-9 to remove all LEC requirements and add an ETC availability of service requirement. Amends 170 IAC 7-1.2-18 to refer to ETCs instead of LECs and remove requirements for central office emergency operations. Amends 170 IAC 7-1.3-1 to remove an exception regarding utilities with less than 5,000 access lines. Amends 170 IAC 7-1.3-2 to add definitions for commercial mobile radio service, electronic letter of agency, express authorization, interexchange carrier, letter of agency, local access transport area, local exchange service, long distance telecommunications service, primary interexchange carrier, primary local exchange carrier, properly disputed, and telemarketing and to remove various definitions. Amends 170 IAC 7-1.3-5 to refer to CSP instead of utility and except commercial mobile radio service providers and remove certain customer service requirements. Amends 170 IAC 7-1.3-6 to remove certain billing requirements. Amends 170 IAC 7-1.3-7 to remove references to billing errors included in incorrect tariff applications. Adds 170 IAC 7-1.3-8.1 regarding unauthorized switching of telecommunications providers and billing for service added without the customer's consent. Amends 170 IAC 7-1.3-9 to include slamming and cramming and video complaints. Amends 170 IAC 7-6-3 to update references within the rule and change telecommunications to communications. Amends 170 IAC 7-6-5 to reference a CSP instead of a LEC. Repeals 170 IAC 7-1.2-5, 170 IAC 7-1.2-6, 170 IAC 7-1.2-8, 170 IAC 7-1.2-10, 170 IAC 7-1.2-11, 170 IAC 7-1.2-12, 170 IAC 7-1.2-13, 170 IAC 7-1.2-14, 170 IAC 7-1.2-15, 170 IAC 7-1.2-16, 170 IAC 7-1.2-17, 170 IAC 7-1.3-3, 170 IAC 7-1.3-4, 170 IAC 7-1.3-8, 170 IAC 7-1.3-10, 170 IAC 7-1.3-11, 170 IAC 7-1.3-12, 170 IAC 7-1.4-1, 170 IAC 7-1.4-2, 170 IAC 7-1.4-3, 170 IAC 7-2.1-2, and 170 IAC 7-5. Effective 30 days after filing with the Publisher.

SECTION 1. 170 IAC 7-1.2-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1

Sec. 1. (a) This rule applies to any local exchange carrier (LEC) ETC that is now, or may hereafter be, engaged in the business of rendering telecommunications services to the public under the jurisdiction of the designated as such by the commission, as further defined by this title. This rule is intended to result in the provision of reasonable quality safe and adequate telecommunications services to the public and to establish the obligations of both the LEC ETC and the customer. The standards of service provided in this rule create a minimum level of service that an LEC must meet when providing reasonable quality telecommunications services within Indiana.

(b) This rule applies to all CSPs not listed in subsection (a) to the extent necessary to comply with IC 8-1-32.5 and IC 8-1-2.6-13.

(b) Any LEC subject to the service quality standards set forth in this rule (c) An ETC that fails to meet such standards provide reasonable service shall be subject to all legal remedies provided by law. Upon complaint or its own motion and after notice and a hearing, the commission may order lawful enforcement mechanisms against a carrier that fails to meet the requirements or standards established in this rule. Nothing in this rule shall prevent the commission from exercising any authority it may have under applicable law to enforce this rule in the event any LEC fails to comply. applicable federal or state law regarding an ETC.

(c) An LEC may be excused from the service quality measures of this rule when such failure is the direct result of customer-owned equipment, negligent acts of a customer, or acts of God as determined by the commission. A CLEC shall not be held responsible for failure to meet any provision of this rule, including the credit provisions, when such failure is directly related to ILEC-provided services, systems, or facilities. Sections 3(g), 5, 10, 12, 14, 15, and 18 of this rule do not apply to bundled local resellers of local exchange service or LECs that provide local service via the unbundled network element platform (UNE-Platform).

(d) Credits required by this rule do not apply if the violation of a service quality standard:

(e) The commission may, upon petition of an LEC or (d) Upon the filing of a verified complaint filed by ten (10) or more customers, the utility consumer counselor, upon its own motion, or in response to customer complaints, or any class satisfying the standing requirements of IC 8-1-2-54, alleging that a service over which the commission has jurisdiction is unsafe, unjustly discriminatory, or inadequate, or that any service cannot be obtained, the commission may conduct an investigation on an expedited basis and, after notice and an opportunity for hearing, take any of the following actions in accordance with applicable legal and procedural requirements: federal and state law, including those enumerated in IC 8-1-29.5-6(b).

(f) When the commission initiates an administrative adjudication under subsection (e), either in response to customer complaints, upon petition of an LEC, the utility consumer counselor, or upon the commission's own motion, it shall consider whether public convenience and necessity will be served by granting the requested relief and whether the requested relief is:

(g) The adoption of this rule shall not relieve any LEC from any of its duties under the laws of Indiana, applicable federal laws, and applicable commission orders.

(h) If any provision of this rule is determined by a court of competent jurisdiction to be prohibited or otherwise unenforceable under controlling state or federal law, such provision shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof.

(i) If an LEC's tariff on file with the commission contains provisions that conflict with this rule, this rule supersedes any conflicting tariff provisions.

SECTION 2. 170 IAC 7-1.2-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1

Sec. 2. The following definitions apply throughout this rule:

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, Washington, D.C. 20402 or are available for copying at the Indiana Utility Regulatory Commission, 302 101 West Washington Street, Room E306, Suite 1500E, Indianapolis, Indiana 46204.

SECTION 3. 170 IAC 7-1.2-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-52

Sec. 3. (a) The LEC ETC shall timely furnish the commission with any information concerning the LEC's ETC's facilities or operations that the commission may request and require. Each LEC shall also furnish to the commission, at such time and in such form as the commission may require, the results of any required tests and summaries of any required records. All such data, unless otherwise specified, shall be consistent and reconcilable with the LEC's annual report to the commission.

(b) Where an LEC ETC is operated with another business that is not regulated by the commission, data and records of the LEC ETC shall be separate such that the results of the LEC's ETC's intrastate telephone operations may be determined at any time at the level of detail prescribed under applicable state and federal law. The requirements of this section shall not apply if the commission order designating the carrier as an ETC specifies alternative requirements for maintaining the ETC's data and records.

(c) Upon the direction of the commission and notification to the LEC, any member of the commission staff may, at any reasonable time during normal business hours, visit the LEC's offices or other places of business within or outside Indiana and inspect any accounts, books, records, and papers of the LEC that may be necessary in the discharge of commission duties.

(d) During such visits by the commission staff, and during comparable visits by the utility consumer counselor's staff, the LEC shall provide staff members with adequate and comfortable working and filing space, consistent with the prevailing conditions and climate, and comparable to the accommodations the LEC provides for its independent auditors.

(e) Requirements for location and preservation of records are as follows:

(f) (c) Each LEC ETC shall maintain suitable maps and records to show the location and description of its toll network and exchange plant facilities and the extent of area served by the LEC. ETC.

(d) Any ETC that receives high cost universal service support shall report how many requests for service from potential customers were unfulfilled for the past year and the number of complaints per one thousand (1,000) handsets or lines on forms prescribed by the commission.

(g) Requirements for reports of interruptions are as follows: (1) (e) Each LEC ETC shall: inform

(h) (f) The commission may require that data be reported by the utilities ETCs in order to determine whether an LEC the ETC is providing service consistent with this rule. The LEC shall respond to any quality of service survey that is issued by the commission. The commission may revise, as necessary, the quality of service survey to acknowledge technological advances, deployment of advanced services, changes to the set of universally supported services, or other telecommunications related events.

(g) Each ETC shall maintain records reasonably sufficient to show the extent of its compliance with this rule as set forth in 47 CFR 54.202.

*This document is incorporated by reference. Copies may be obtained from the Government Printing Office, Washington, D.C. 20402 or are available for copying at the Indiana Utility Regulatory Commission, 302 101 West Washington Street, Suite E306, 1500E, Indianapolis, Indiana 46204.

SECTION 4. 170 IAC 7-1.2-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-38; IC 8-1-2-39

Sec. 4. (a) Each LEC ETC shall maintain on file with do the following:

(c) Each LEC shall make copies of the following available for public inspection during normal business hours at all of its public service center locations in Indiana:

(d)(1) Any LEC having a Web site, or with a parent corporation with a Web site, shall place on that Web site the following information:

(2) An LEC shall notify the commission of all applicable Web site addresses. If any changes occur in an LEC's Web site address, the LEC shall notify the commission in writing within seven (7) days of such change. An LEC shall direct this correspondence to the commission's consumer affairs division.

(3) An LEC shall certify to the commission that the electronic tariffs are, and will continue to be, accurate electronic representations of the officially filed tariff. However, the electronic tariffs are not the official documents of the commission, and the Web site user assumes responsibility for any reliance placed on them.

(4) Tariff files shall be in a widely used and commercially available format. Tariff files shall be in read-only format to prevent Web site users from modifying the tariff language. Tariffs shall continue to be filed in hard copy format pursuant to applicable law.

SECTION 5. 170 IAC 7-1.2-7 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-53

Sec. 7. Each LEC CSP, other than providers of commercial mobile service, shall fully and promptly answer all inquiries received from the commission staff concerning service or any other matters pertaining to this rule services over which the commission has jurisdiction, as provided by the statute. Each LEC CSP shall fully and promptly answer such the requests, at the earliest possible date, not to exceed fifteen (15) calendar days after the LEC receives such an inquiry from the commission, unless otherwise directed by the or as requested by staff.

SECTION 6. 170 IAC 7-1.2-9 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-4

Sec. 9. (a) Each LEC that provides central office equipment and outside plant facilities shall design and engineer such equipment and facilities in accordance with the following:

(b) Where central office and outside plant facilities are readily available:

(c) Where central office and outside plant facilities are not readily available, the ILEC shall promptly notify the customer applicant of that fact and provide a date and time acceptable to the customer on which the required central office and outside plant facilities will be available for the ILEC to provide the requested services and provide the customer with a tracking number. Even when central office and outside plant facilities are not readily available, each ILEC shall strive to provide primary service to every customer applicant:

(d) Each LEC shall maintain records reasonably sufficient to show the extent of its compliance with subsections (b) and (c) for the previous eighteen (18) months.

(e) If any ILEC fails to satisfy any primary service request within thirty (30) days of the requested in-service date, the ILEC shall do the following:

(f) If it is necessary for the customer to be present during an on-premise installation, the LEC shall make appointments for such installation, at a mutually agreed upon date and time (which shall be identified as occurring within a four (4) hour window, such as morning, afternoon, or evening). If a service installation appointment cannot be kept, the LEC shall make reasonable efforts to notify the customer applicant by 6:00 p.m. on the day prior to the appointment to explain the reason for the delay. The LEC shall obtain a contact point from the customer in order to provide such advance notice. If the LEC fails to notify the customer by 6:00 p.m. on the day prior to the scheduled installation appointment and the LEC fails to keep the installation appointment, the LEC shall, without the customer's request, credit the customer's account twenty-five dollars ($25).

Each ETC shall provide at a minimum the supported services outlined at 47 CFR 54.101* or as outlined in the commission order designating the carrier as an ETC throughout its designated service area to all prospective customers who make a reasonable request for service. An ETC that is a provider of last resort is required to offer local exchange service as defined at 47 U.S.C. 153(47)* throughout its designated service area.

SECTION 7. 170 IAC 7-1.2-18 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-4

Sec. 18. (a) Each LEC ETC shall do the following:

(b) All existing central switching offices or functional equivalent shall maintain the following:

(c) It is essential that all central offices have adequate provision for emergency power. All new central offices, central office replacements, and major additions placed on order after the effective date of this rule and standards shall be designed to meet the following objectives:

SECTION 8. 170 IAC 7-1.3-1 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-1; IC 8-1.5-1-10

Sec. 1. (a) This rule applies to any utility CSP that is now, or may hereafter be, engaged in the business of rendering telephone communications services to the public under the jurisdiction of the commission. Excluded under this rule, are those services provided pursuant to a CTA issued for a radio common carrier or commercial mobile radio service. This rule creates the minimum level of service that an LEC is expected to meet when providing reasonable quality telephone services to the public and to establish the obligations of both the utility and the customer. Sections 3 through 7 and 10 through 12 of this rule do not apply to (CLECs) that serve less than five thousand (5,000) access lines.

(b) This rule supersedes 170 IAC 7-1.1-12 through 170 IAC 7-1.1-18.

(c) (b) No utility CSP shall discriminate against or penalize a customer for exercising any right granted by this rule. If an LEC's tariff on file with the commission contains provisions that conflict with this rule, this rule supersedes any conflicting tariff provisions.

(d) (c) Any LEC CSP subject to the telecommunications customer service rights and responsibilities set forth in this rule that fails to meet such the standards shall be subject to all legal remedies provided by law. Upon complaint or its own motion and after notice and a hearing, the commission may order lawful enforcement mechanisms against a carrier that fails to meet the requirements or standards established in this rule. Nothing in this rule shall prevent the commission from exercising any authority it may have under applicable law to enforce this rule in the event any LEC CSP fails to comply.

(e) (d) The adoption of this rule shall in no way preclude the commission, upon complaint by a customer, upon its own motion, or upon the petition of any utility or the office of the utility consumer counselor, after notice and hearing, from taking any of the following actions:

(f) (e) The adoption of this rule shall not in any way relieve any utility CSP from any of its duties under the laws of this state.

(g) (f) If any provision of this rule is determined by competent authority to be prohibited or unenforceable, such the provision shall be ineffective to the extent of such the prohibition or unenforceability without invalidating the remaining provisions hereof.

SECTION 9. 170 IAC 7-1.3-2 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-1; IC 8-1.5-1-10

Sec. 2. The following definitions apply throughout this rule:

SECTION 10. 170 IAC 7-1.3-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-40

Sec. 5. (a) Each utility shall supply to each customer on an annual basis, without charge, a brief summary of the customer's rights and responsibilities contained in this rule. Each utility shall forward a copy to the commission annually to be kept on record with the commission's consumer affairs division.

(b) When a utility representative takes an order for new telephone service, the representative shall describe to the applicant the least expensive telephone service available. Such description shall include lifeline/link-up services for eligible customers.

(c) Each utility shall have a copy of this rule in all of its business offices that shall be available for inspection by applicants and customers.

(d) (b) Each utility CSP shall furnish advance notice of rate increases to its affected customers that fairly summarizes the nature and extent of the increase. within forty-five (45) days of such request and prior to the date of the initial public hearing. If the rate change is one that does not require a hearing, then notice should be included in the first bill where the change is effective.

SECTION 11. 170 IAC 7-1.3-6 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-4

Sec. 6. (a) Bills rendered periodically to customers for telephone service telecommunication services, excluding CMRS, shall show at least be clearly organized and must include the following required information:

(b) The billing requirements of subsection (a)(9) (a)(1) through (a)(11) (a)(3) may be waived for business customers if those customers consent in writing to such the waiver.

(c) A utility service bill, which has remained unpaid for a period of more than seventeen (17) days following the mailing of the bill, shall be a delinquent bill. A utility service bill shall be rendered as a net bill. If the net bill is not paid within seventeen (17) days after the bill is mailed, the net bill shall become a delinquent bill and a late payment charge may be added in the amount of ten percent (10%) of the first three dollars ($3) and three percent (3%) of the excess of three dollars ($3).

(d) (c) The LEC may only change a monthly billing cycle to another periodic form of billing if the customer agrees in writing to such change.

(e) Where a bill contains charges for basic local service in addition to charges for toll service and unregulated services, the bill shall distinguish between deniable and nondeniable charges. The carrier shall:

(f) If a customer is delinquent in payment of nondeniable charges, the telephone carrier may remove or restrict those services for which there is a nondeniable charge from the customer's account without the customer's consent. If toll service is removed or restricted, the LEC may require a deposit pursuant to section 3 of this rule before restoring those services to the customer's account.

SECTION 12. 170 IAC 7-1.3-7 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-34.5

Sec. 7. (a) Adjustment of a disputed nondeniable charge shall be made in accordance with sections 8 and 9 of this rule.

(b) A billing error including an incorrect tariff application, may be adjusted:

SECTION 13. 170 IAC 7-1.3-8.1 IS ADDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-4

Sec. 8.1. (a) The definitions in 170 IAC 7-1.3-2 apply to this rule.

(b) No prospective PIC shall submit to a LEC a PIC change order generated by telemarketing unless the prospective PIC has first obtained express authorization from the customer. No prospective LEC shall submit a PLEC change order generated by telemarketing unless the prospective LEC has first obtained express authorization from the customer.

(c) The prospective PIC or prospective LEC shall confirm the express authorization through one (1) of the following procedures:

(d) A PIC or PLEC change made in violation of any of the requirements of this section is invalid. A prospective PIC or PLEC must provide all information regarding disputed carrier changes and services billings to the commission within thirty (30) days of a commission request for the information.

(e) If the prospective PIC or prospective LEC utilizes the authorization procedure in subsection (c)(1), the prospective PIC or LEC shall obtain any necessary written authorization from a subscriber for a PIC or PLEC change by using an LOA or ELOA as specified in subsections (f) through (n). Any LOA or ELOA that does not conform to those subsections is invalid.

(f) The LOA or ELOA shall be a separate document (or an easily separable document) or located on a separate screen or webpage containing only the authorizing language described in subsection (i), whose sole purpose is to authorize a prospective PIC or LEC to initiate a PIC or PLEC change. The LOA must be signed and dated by the subscriber to the telephone line or lines requesting the PIC or PLEC change. The subscriber (or authorized agent in the case of a business customer) whose name appears on bills for local and interexchange service shall be the only party authorized to execute an LOA.

(g) The LOA shall not be combined with inducements of any kind on the same document, screen, or webpage.

(h) Notwithstanding subsections (f) and (g), the LOA may be combined with checks that contain only the required LOA language prescribed in subsection (i) and the necessary information to make the check a negotiable instrument. The LOA check shall not contain any promotional language or material. The LOA check shall contain, in easily readable, boldface type on the front of the check, a notice that the consumer is authorizing a PIC or PLEC change by signing the check. The LOA language shall also be placed near the signature line on the back of the check.

(i) At a minimum, the LOA must be printed with a typeface of sufficient size and clarity to be clearly legible and must contain clear and unambiguous language that confirms:

(j) To the extent a customer selects separate carriers for inter-LATA, intra-LATA, and LEC services, the LOA must contain separate statements regarding those choices. Any carrier designated as a PIC for inter-LATA service must be the carrier directly setting the inter-LATA service rates for the subscriber. Any carrier designated as a PIC for intra-LATA services must be the carrier directly setting the intra-LATA service rates for the subscriber. Any carrier designated as a PLEC must be the LEC directly setting the local exchange service rates for the subscriber. One (1) IXC can be both a subscriber's inter-LATA PIC and a subscriber's intra-LATA PIC.

(k) LOAs shall not suggest or require that a subscriber take some action in order to retain the subscriber's current IXC or LEC.

(l) If any portion of an LOA is translated into a language other than English, then all portions of the LOA must be translated into that language. Every LOA must be translated into the same language as any promotional materials, oral descriptions, or instructions provided with the LOA.

(m) The LOA shall:

(n) LOAs submitted with an electronically signed authorization must include the consumer disclosures required by Section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001(c).

(o) Upon request of the customer, offers to provide telecommunications interexchange or local exchange services shall be sent to the customer in written form describing the terms and conditions of service.

(p) Except for customer-initiated or one-time use products, such as collect calling services, optional pay-per-use services (including automatic callback, repeat dialing, and three-way calling), no PIC or LEC or any billing agent acting for the PIC or LEC shall bill a customer for any service unless the PIC, LEC, or billing agent possesses written or electronic documentation that shows:

(q) No PIC, LEC, or billing agent for any PIC or LEC shall be entitled to any compensation from a customer for services rendered in violation of this rule.

(r) The customer's local exchange company shall not disconnect the customer's phone service for nonpayment where the customer has properly disputed a carrier change or service billing.

(s) A telecommunications carrier shall submit a preferred carrier change order on behalf of a subscriber within sixty (60) days of obtaining a written or electronically signed LOA. However, LOAs for multiline or multilocation, or both, business customers that have entered into negotiated agreements with carriers to add presubscribed lines to their business locations during the course of a term agreement shall be valid for the period specified in the term agreement.

(t) A telecommunications carrier may acquire, through a sale or transfer, either part or all of another telecommunications carrier's subscriber base without obtaining each subscriber's express authorization provided that the acquiring carrier complies with the following streamlined procedures:

(u) This rule shall apply only to the extent not preempted by federal law.

SECTION 14. 170 IAC 7-1.3-9 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-34.5

Sec. 9. (a) An individual or entity may informally complain to the commission's consumer affairs division with respect to any matter within the jurisdiction of the commission. Such The complaints may be made:

(b) References to CSP in this section exclude:

(b) (c) Without the customer's permission, the utility CSP shall not disconnect, remove, or restrict any service that is the subject matter of the complaint while any commission review or investigation of such the complaint is pending. The customer shall continue to pay all undisputed charges. In those instances when the customer and utility CSP cannot agree as to what portion of a bill is undisputed, the customer shall pay on the disputed bill an amount equal to the customer's average bill for the twelve (12) months immediately preceding the disputed bill. In those cases where the customer has received fewer than twelve (12) bills, the customer shall pay an amount equal to one-twelfth (1/12) of the estimated annual billing for service to be rendered to the customer.

(c) (d) If the customer is dissatisfied with a utility's CSP's notice of its proposed disposition of the complaint, as provided in section 8 of this rule, the customer or applicant may, within twenty-one (21) seven (7) days after the postmark date of the notice, file a consumer complaint with the commission's consumer affairs division.

(d) (e) Upon receiving a consumer complaint, the following actions shall be taken:

(e) (f) Requirements for an informal review are as follows:

(f) (g) The customer may make a written request that the commission investigate the disposition of the informal review. Such The written request shall be made within fourteen (14) seven (7) days of the consumer affairs division's notice of disposition. Prior to entering an order upon a commission investigation, the commission shall afford the customer and the utility CSP notice and an opportunity to be heard.

(g) (h) Without the customer's permission, the utility CSP shall not disconnect, remove, or restrict any disputed service until at least fourteen (14) twenty-one (21) days have elapsed from the postmark date of the consumer affairs division's disposition, or the commission's order upon investigation, if any.

SECTION 15. 170 IAC 7-6-3 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1-2-58; IC 8-1-2-69

Sec. 3. (a) When a LEC serves a notice of disconnection upon another LEC, the notice of disconnection shall be served simultaneously upon the following:

(b) Five (5) business days after the notice from the disconnecting LEC is mailed, the LEC that is subject to disconnection must provide the telecommunications communications division director of the commission, in writing, with one (1) of the following:

(c)(1) (c) If the LEC subject to disconnection fails to provide the commission with:

(2) (d) The LEC subject to disconnection must provide proof of mailing the customer disconnection notice to the commission.

(3) (e) The LEC's notice of disconnection to its customers must include the following:

(d) (f) If the LEC subject to disconnection fails to notify its customers or show proof of mailing disconnection notices as required by subsection subsections (c) through (e), the commission may do one (1) or more of the following:

(e) (g) A LEC may not disconnect another LEC until thirty (30) calendar days after the disconnection notice is sent under subsection (a).

(f) (h) A LEC shall not be disconnected without adequate notice to its customers, either pursuant to the time frames in this rule or as otherwise determined by the commission.

(g) (i) This rule shall not prohibit a LEC from rescinding its disconnection notice to customers after complying with subsection subsections (c) through (e) if the LEC makes payment to the disconnecting LEC before its disconnection. The LEC shall notify the commission immediately if it has rescinded its customer disconnection notice.

(h) (j) This rule shall not apply where the disconnecting LEC is without notice of either of the following:

SECTION 16. 170 IAC 7-6-5 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 8-1

Sec. 5. A LEC that intends to cease providing services in all or part of its operating area or relinquish some or all of its Indiana certificate of territorial authority shall provide the following:

SECTION 17. THE FOLLOWING ARE REPEALED: 170 IAC 7-1.2-5; 170 IAC 7-1.2-6; 170 IAC 7-1.2-8; 170 IAC 7-1.2-10; 170 IAC 7-1.2-11; 170 IAC 7-1.2-12; 170 IAC 7-1.2-13; 170 IAC 7-1.2-14; 170 IAC 7-1.2-15; 170 IAC 7-1.2-16; 170 IAC 7-1.2-17; 170 IAC 7-1.3-3; 170 IAC 7-1.3-4; 170 IAC 7-1.3-8; 170 IAC 7-1.3-10; 170 IAC 7-1.3-11; 170 IAC 7-1.3-12; 170 IAC 7-1.4-1; 170 IAC 7-1.4-2; 170 IAC 7-1.4-3; 170 IAC 7-2.1-2; 170 IAC 7-5.

DIN: 20101103-IR-170090478FRA

Composed: May 03,2024 9:07:49AM EDT

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