Citations Affected:
IC 8-1-29.
Synopsis: Telecommunications customers. Provides that a customer
of a telecommunications provider may not be billed for a new service
or switched to another telecommunications provider without a written
authorization signed by the customer that contains all the terms and
conditions (including the rates) for the new service or the service to be
provided by the new telecommunications provider. Makes conforming
changes by repealing certain statutes.
Effective: July 1, 2001.
January 16, 2001, read first time and referred to Committee on Commerce and Consumer
Affairs.
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
SECTION 1.
IC 8-1-29-5
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 5. (a) A customer of a
telecommunications provider may not be:
(1) switched to another telecommunications provider unless the
customer authorizes the switch; or
(2) billed for services by a telecommunications provider that
without the customer's authorization added the services to the
customer's service order.
(b) A telecommunications customer is not considered to have
authorized new services by the customer's existing
telecommunications provider or a switch to a new
telecommunications provider unless the customer has signed a
written statement that satisfies all of the following conditions:
(1) The statement must contain all of the terms and conditions
of:
(A) the new service to be provided by the customer's
existing telecommunications provider; or
(B) the service to be provided by the new
telecommunications provider.
(2) The statement must set forth all rates applicable to:
(A) the new service to be provided by the customer's
existing telecommunications provider; or
(B) the service to be provided by the new
telecommunications provider.
(c) Authority to change a telecommunications customer's service
under this section may not become effective until the written
statement is received:
(1) by the customer's current telecommunication's provider;
and
(2) if the statement authorizes a switch to a new
telecommunications provider, by the new telecommunications
provider.
SECTION 2.
IC 8-1-29-6
, AS AMENDED BY P.L.135-1999,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 6. The commission shall adopt rules under
IC 4-22-2
to implement IC 8-1-29-5.5. section 5 of this chapter. The
commission's rules shall ensure that a customer of a
telecommunications provider is not:
(1) switched to another telecommunications provider without the
customer's written authorization as provided in section 5 of this
chapter; or
(2) billed for additional services by a telecommunications
provider that without the customer's written authorization added
the services to the customer's service order as provided in
section 5 of this chapter.
The rules adopted under this section must may not be consistent
inconsistent with rules adopted by the Federal Communications
Commission concerning verification procedures for the switching of a
customer's telecommunications provider.
SECTION 3. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2001]:
IC 8-1-29-1.3
;
IC 8-1-29-1.5
;
IC 8-1-29-5.5.