Sec. 22. (a) A provider that elects to terminate a local franchise under section 21 of this chapter remains subject to the contractual rights, duties, and obligations incurred by the provider that are owed to any private person.

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Terms Used In Indiana Code 8-1-34-22

  • certificate: refers to a certificate of franchise authority issued by the commission under section 17 of this chapter. See Indiana Code 8-1-34-2
  • commission: refers to the Indiana utility regulatory commission created by IC 8-1-1-2. See Indiana Code 8-1-34-3
  • Continuance: Putting off of a hearing ot trial until a later time.
  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
     (b) All liens, security interests, royalties, and other contracts, rights, and interests owed to a private person, shall:

(1) continue in full force and effect without the need for renewal, extension, or continuance; and

(2) be paid or performed by the provider after becoming a holder of a certificate under this chapter.

     (c) The commission shall condition the issuance or renewal of a certificate under this chapter on a provider’s payment and performance of the rights, duties, and obligations described in this section. In applying for an initial certificate or a renewal certificate under this chapter, a provider shall agree to pay or perform the obligations described in this section, as required by section 16(b)(1)(D) of this chapter.

     (d) A private person that claims to be:

(1) owed any rights, duties, or obligations by a holder under this section; and

(2) aggrieved by a holder’s alleged violation of this section;

may bring an action in a court with jurisdiction to enforce the rights, duties, or obligations claimed to be owed to the person.

     (e) As used in this section, “private person” does not include:

(1) the unit that issued the terminated local franchise;

(2) a political subdivision (as defined in IC 36-1-2-13) not described in subdivision (1); or

(3) any official, agent, or employee of:

(A) the unit that issued the terminated local franchise; or

(B) a political subdivision described in subdivision (2);

in the individual’s official capacity.

As added by P.L.27-2006, SEC.58. Amended by P.L.183-2006, SEC.2.

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