SOURCE: Page 14, line 17; (06)MO127904.14. -->
Page 14, line 17, delete "or".
Page 14, line 23, delete "IC 8-1-29.5." and insert "
IC 8-1-29.5; or".
Page 14, between lines 23 and 24, begin a new line block indented
and insert:
"
(7) the commission's authority to investigate and resolve
pursuant to IC 8-1-2-5 an interconnection not governed by
federal law.".
Page 26, line 20, delete "UPON PASSAGE]" and insert "MAY 1,
2006]".
Page 27, line 18, delete "section," and insert "
chapter,".
Page 27, line 23, delete "or residential".
Page 27, line 24, delete "apartment buildings, condominiums,"
Page 27, line 25, delete "subdivisions,".
Page 27, line 25, delete "buildings," and insert "
buildings".
Page 27, line 25, after "." insert "
The term does not include
apartment buildings, condominiums, or subdivisions.".
Page 28, line 11, delete "A" and insert "
After April 30, 2006, a".
Page 28, line 30, after "." insert "
This section may not be
construed to affect the validity of a contract entered into before
May 1, 2006.".
Page 30, between lines 16 and 17, begin a new paragraph and insert:
"
Sec. 15. (a) Except as provided in subsection (b), the owner,
operator, or developer of multitenant real estate located in a service
area in which one (1) or more communications service providers
are authorized to provide communications service may not do any
of the following:
(1) Prevent a communications service provider from installing
on the premises communications service equipment that an
occupant requests.
(2) Interfere with a communications service provider's
installation on the premises of communications service
equipment that an occupant requests.
(3) Discriminate against a communications service provider or
impose unduly burdensome conditions on the terms,
conditions, and compensation for a communications service
provider's installation of communications service equipment
on the premises.
(4) Demand or accept an unreasonable payment from:
(A) an occupant; or
(B) a communications service provider;
in exchange for allowing the communications service provider
access to the premises.
(5) Discriminate against or in favor of an occupant in any
manner, including charging higher or lower rental charges to
the occupant, because of the communications service provider
from which the occupant receives communications service.
(b) This section does not prohibit the owner, operator, or
developer of multitenant real estate from doing any of the
following:
(1) Imposing a condition on a communications service
provider that is reasonably necessary to protect:
(A) the safety, security, appearance, or condition of the
property; or
(B) the safety and convenience of other persons.
(2) Imposing a reasonable limitation on the hours during
which a communications service provider may have access to
the premises to install communications service equipment.
(3) Imposing a reasonable limitation on the number of
communications service providers that have access to the
premises, if the owner, operator, or developer can
demonstrate a space constraint that requires the limitation.
(4) Requiring a communications service provider to agree to
indemnify the owner, operator, or developer for damage
caused by installing, operating, or removing communications
service equipment on or from the premises.
(5) Requiring an occupant or a communications service
provider to bear the entire cost of installing, operating, or
removing communications service equipment.
(6) Requiring a communications service provider to pay
compensation for access to or use of the premises, as long as
the compensation is:
(A) reasonable; and
(B) nondiscriminatory;
among communications service providers.
(c) For purposes of this subsection, an "affected person"
includes the following:
(1) An occupant that is a current or potential subscriber of
communications service on the premises of multitenant real
estate.
(2) A unit in which multitenant real estate is located, acting on
behalf of:
(A) a person described in subdivision (1); or
(B) other similarly situated persons.
(3) A communications service provider.
An affected person that alleges a violation of this section by the
owner, operator, or developer of multitenant real estate may seek
equitable or compensatory relief in a court having jurisdiction. The
party prevailing in any action filed under this section is entitled to
recover the costs of the action, including reasonable attorney's fees
as determined by the court.
Sec. 16 (a) The commission may not require a communications
service provider, including a provider of last resort, to provide any
communications service to the occupants of multitenant real estate
if the owner, operator, or developer of the multitenant real estate
does any of the following to the benefit of another communications
service provider:
(1) Permits only one (1) communications service provider to
install the provider's facilities or equipment during the
construction or development phase of the multitenant real
estate.
(2) Accepts or agrees to accept incentives or rewards that:
(A) are offered by a communications service provider to
the owner, operator, developer, or occupants of the
multitenant real estate; and
(B) are contingent upon the provision of communications
service by that provider to the occupants of the multitenant
real estate, to the exclusion of any services provided by
other communications service providers.
(3) Collects from the occupants of the multitenant real estate
any charges for the provision of communications service to the
occupants, including charges collected through rent, fees, or
dues.
(4) Enters into an agreement with a communications service
provider that is prohibited by section 14 of this chapter.
(b) This subsection applies to a communications service provider
that is relieved under subsection (a) of an obligation to provide
communications service to the occupants of multitenant real estate.
This section does not prohibit the communications service provider
from voluntarily offering service to the occupants of the
multitenant real estate. However, the commission shall not exercise
jurisdiction over the terms, conditions, rates, or availability of any
communications service voluntarily offered by a communications
service provider under this subsection.".
Page 30, line 17, delete "15." and insert " 17.".
(Reference is to HB 1279 as printed January 20, 2006.)
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MO127904/DI 92 2006