Sec. 13. (a) As used in this section, “communications service” has the meaning set forth in IC 8-1-32.5-3.

     (b) As used in this section, “communications service provider” means a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. The term includes a provider of commercial mobile service (as defined in 47 U.S.C. § 332).

     (c) Notwithstanding sections 1.2, 1.4, and 1.5 of this chapter, the commission may do the following, except as otherwise provided in this subsection:

(1) Enforce the terms of a settlement agreement approved by the commission before July 29, 2004. The commission’s authority under this subdivision continues for the duration of the settlement agreement.

(2) Fulfill the commission’s duties under IC 8-1-2.8 concerning the provision of dual party relay services to deaf, hard of hearing, and speech impaired persons in Indiana.

(3) Fulfill the commission’s responsibilities under IC 8-1-29 to adopt and enforce rules to ensure that a customer of a telecommunications provider is not:

(A) switched to another telecommunications provider unless the customer authorizes the switch; or

(B) billed for services by a telecommunications provider that without the customer’s authorization added the services to the customer’s service order.

(4) Fulfill the commission’s obligations under:

(A) the federal Telecommunications Act of 1996 (47 U.S.C. § 151 et seq.); and

(B) IC 20-20-16;

concerning universal service and access to telecommunications service and equipment, including the designation of eligible telecommunications carriers under 47 U.S.C. § 214.

(5) Perform any of the functions described in section 1.5(b) of this chapter.

(6) Perform the commission’s responsibilities under IC 8-1-32.5 to:

(A) issue; and

(B) maintain records of;

certificates of territorial authority for communications service providers offering communications service to customers in Indiana.

(7) Perform the commission’s responsibilities under IC 8-1-34 concerning the issuance of certificates of franchise authority to multichannel video programming distributors offering video service to Indiana customers.

(8) Subject to subsection (f), require a communications service provider, other than a provider of commercial mobile service (as defined in 47 U.S.C. § 332), to report to the commission on an annual basis, or more frequently at the option of the provider, any information needed by the commission to prepare the commission’s annual report under IC 8-1-1-14(c)(4).

(9) Perform the commission’s duties under IC 8-1-32.4 with respect to telecommunications providers of last resort, to the extent of the authority delegated to the commission under federal law to perform those duties.

(10) Collect and maintain from a communications service provider the following information:

(A) The address of the provider’s Internet web site.

(B) All toll free telephone numbers and other customer service telephone numbers maintained by the provider for receiving customer inquiries and complaints.

(C) An address and other contact information for the provider, including any telephone number not described in clause (B).

The commission shall make any information submitted by a provider under this subdivision available on the commission’s Internet web site. The commission may also make available on the commission’s Internet web site contact information for the Federal Communications Commission and the Cellular Telephone Industry Association.

(11) Fulfill the commission’s duties under any state or federal law concerning the administration of any universally applicable dialing code for any communications service.

     (d) The commission does not have jurisdiction over any of the following with respect to a communications service provider:

(1) Rates and charges for communications service provided by the communications service provider, including the filing of schedules or tariffs setting forth the provider’s rates and charges.

(2) Depreciation schedules for any of the classes of property owned by the communications service provider.

(3) Quality of service provided by the communications service provider.

(4) Long term financing arrangements or other obligations of the communications service provider.

(5) Except as provided in subsection (c), any other aspect regulated by the commission under this title before July 1, 2009.

     (e) The commission has jurisdiction over a communications service provider only to the extent that jurisdiction is:

(1) expressly granted by state or federal law, including:

(A) a state or federal statute;

(B) a lawful order or regulation of the Federal Communications Commission; or

(C) an order or a ruling of a state or federal court having jurisdiction; or

(2) necessary to administer a federal law for which regulatory responsibility has been delegated to the commission by federal law.

     (f) Except as specifically required under state or federal law, or except as required to respond to consumer complaints or information requests from the general assembly, the commission may not require a communications service provider:

(1) to file a tariff; or

(2) except for purposes of a petition or request filed or submitted to the commission by the communications service provider, to report to the commission any information that is:

(A) available to the public on the communications service provider’s Internet web site;

(B) filed with the Federal Communications Commission; or

(C) otherwise available to the public in any form or at any level of detail;

including the communications service provider’s rates, terms, and conditions of service.

As added by P.L.27-2006, SEC.24. Amended by P.L.1-2007, SEC.72; P.L.109-2012, SEC.2; P.L.256-2013, SEC.10; P.L.107-2014, SEC.3; P.L.149-2016, SEC.34; P.L.156-2017, SEC.2; P.L.73-2020, SEC.2; P.L.177-2021, SEC.5; P.L.71-2022, SEC.4.