Indiana Code 8-1-34-16. Commission as sole franchising authority; application; confidential information; filing fee; level of specificity in identifying service areas or planned service areas; programming information not required
(1) the commission is the sole franchising authority (as defined in 47 U.S.C. § 522(10)) for the provision of video service in Indiana; and
Terms Used In Indiana Code 8-1-34-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-34-3
- franchise: means an initial authorization, or a renewal of an authorization, that:
Indiana Code 8-1-34-4
- holder: refers to a person that holds a certificate issued by the commission under this chapter after June 30, 2006. See Indiana Code 8-1-34-6
- local franchise: means an initial authorization, or a renewal of an authorization, that:
Indiana Code 8-1-34-8
- person: means an individual, a corporation, a partnership, a limited liability company, an association, or another entity organized under the laws of any state. See Indiana Code 8-1-34-10
- provider: refers to a multichannel video programming distributor (as defined in Indiana Code 8-1-34-11
- unit: has the meaning set forth in IC 36-1-2-23. See Indiana Code 8-1-34-12
- video service: means :
Indiana Code 8-1-34-14
- video service system: means a system, consisting of a set of transmission paths and associated signal generation, reception, and control equipment, that is designed to provide video service directly to subscribers within a community. See Indiana Code 8-1-34-15
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(A) require a provider to obtain a separate franchise;
(B) impose any fee, gross receipt tax, licensing requirement, rate regulation, or build-out requirement on a provider;
(C) regulate a holder or provider; or
(D) establish, fund, or otherwise designate an agency, a board, or another subordinate entity to monitor, supervise, evaluate, or regulate the holder or provider;
except as authorized by this chapter.
(b) Except as provided in section 21 of this chapter, a person who seeks to provide video service in Indiana after June 30, 2006, shall file with the commission an application for a franchise. The application shall be made on a form prescribed by the commission and must include the following:
(1) A sworn affidavit, signed by an officer or another person authorized to bind the applicant, that affirms the following:
(A) That the applicant has filed or will timely file with the Federal Communications Commission all forms required by the Federal Communications Commission before offering video service in Indiana.
(B) That the applicant agrees to comply with all federal and state statutes, rules, and regulations applicable to the operation of the applicant’s video service system.
(C) That the applicant agrees to:
(i) comply with any local ordinance or regulation governing the use of public rights-of-way in the delivery of video service; and
(ii) recognize the police powers of a unit to enforce the ordinance or regulation.
(D) If the applicant will terminate an existing local franchise under section 21 of this chapter, that the applicant agrees to perform any obligations owed to any private person, as required by section 22 of this chapter.
(2) The applicant’s legal name and any name under which the applicant does or will do business in Indiana, as authorized by the secretary of state.
(3) The address and telephone number of the applicant’s principal place of business, along with contact information for the person responsible for ongoing communications with the commission.
(4) The names and titles of the applicant’s principal officers.
(5) The legal name, address, and telephone number of the applicant’s parent company, if any.
(6) A description of each service area in Indiana to be served by the applicant. A service area described under this subdivision may include an unincorporated area in Indiana.
(7) The expected date for the deployment of video service in each of the areas identified in subdivision (6).
(8) A list of other states in which the applicant provides video service.
(9) If the applicant will terminate an existing local franchise under section 21(b) of this chapter, a copy of the written notice sent to the municipality under section 21(c) of this chapter.
(10) Any other information the commission considers necessary to:
(A) monitor the provision of video service to Indiana customers; and
(B) prepare the commission’s annual report under IC 8-1-1-14(c)(4).
(c) This section does not empower the commission to require:
(1) an applicant to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information; or
(2) a provider to disclose more frequently than in each odd numbered year information regarding the areas in which an applicant has deployed, or plans to deploy, video services.
The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.
(d) The commission may charge a fee for filing an application under this section. Any fee charged by the commission under this subsection may not exceed the commission’s actual costs to process and review the application under section 17 of this chapter.
(e) Nothing in this title may be construed to require an applicant or a provider to disclose information that identifies by census block, street address, or other similar level of specificity the areas in which the applicant or provider has deployed, or plans to deploy, video service in Indiana. The commission may not disclose, publish, or report by census block, street address, or other similar level of specificity any information identifying the areas in Indiana in which an applicant or a provider has deployed, or plans to deploy, video service.
(f) Nothing in this title may be construed to require an applicant or provider to provide the commission with information describing the applicant’s or provider’s programming, including the applicant’s or provider’s channel lineups or channel guides.
As added by P.L.27-2006, SEC.58. Amended by P.L.183-2006, SEC.1; P.L.59-2011, SEC.1; P.L.219-2011, SEC.4; P.L.53-2014, SEC.81; P.L.177-2021, SEC.10; P.L.71-2022, SEC.7.