PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
this style type reconciles conflicts
between statutes enacted by the 2005 Regular Session of the General Assembly.
SECTION 1. IC 8-1-34-16, AS ADDED BY HEA 1279-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16. (a) Except as provided in section 21 of
this chapter, after June 30, 2006:
(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;
(2) a unit may not:
(A) require a provider to obtain a separate franchise; or
(B) impose any fee, gross receipt tax, licensing requirement,
rate regulation, or build-out requirement on a 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
(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,
terminated franchise until such time as the local franchise
would otherwise terminate or expire, 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
(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
(A) monitor the provision of video service to Indiana
(B) prepare the commission's annual report to the regulatory
flexibility committee under IC 8-1-2.6-4.
This subsection does not empower the commission to require an
applicant to disclose confidential and proprietary business plans and
other confidential information without adequate protection of the
information. The commission shall exercise all necessary caution to
avoid disclosure of confidential information supplied under this
(c) 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.
SECTION 2. IC 8-1-34-22, AS ADDED BY HEA 1279-2006,
SECTION 58, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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
under the terms and conditions of the terminated local franchise
are owed to any private person.
including a subscriber.
(b) The obligations that a provider owes to a private person under
subsection (a) include any obligations based on the gross income
received by the provider:
(1) after the provider becomes a holder of a certificate under this
(2) for video service provided in the service area covered by the
terminated local franchise;
if, under the terms of the terminated local franchise, the obligations
would have been based on the gross income received by the provider
for video service provided in the service area covered by the terminated
All liens, security interests, royalties, and other contracts,
rights, and interests
arising out of the terminated local franchise and
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.
(3) apply as though the gross revenue of the provider continued
to be generated under the terminated local franchise with respect
to any revenue generated in the service area covered by the
terminated local franchise.
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
until the time the terminated local franchise would ordinarily
terminate or expire if the provider had not made the election under
section 21 of this chapter.
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.
A private person that claims to be:
(1) owed any rights, duties, or obligations by a holder under this
(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.
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.
SECTION 3. An emergency is declared for this act.
Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
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