Sec. 26.5. (a) This section applies in a unit:

(1) that is included in the service area of a holder of a certificate issued under this chapter; and

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Terms Used In Indiana Code 8-1-34-26.5

  • 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
  • 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

  • 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
(2) in which a provider is required to provide PEG channel capacity:

(A) under a local franchise issued to the provider by the unit before July 1, 2006; or

(B) by the commission under section 26 of this chapter.

     (b) As used in this section, “PEG channel” has the meaning set forth in section 25(b) of this chapter.

     (c) As a condition of issuing or renewing a certificate to a holder under this chapter, and upon:

(1) the petition of the unit; or

(2) the commission’s own motion;

the commission may require the holder to provide the unit with PEG channel capacity that is in addition to the channel capacity required to be provided in the unit under the existing local franchise or under an order of the commission under section 26 of this chapter.

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