SB 245-14_ Filed 01/23/2006, 10:43 Craycraft
Adopted 1/23/2006

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 245 be amended to read as follows:

SOURCE: Page 1, line 1; (06)MO024512.1. -->     Page 1, delete lines 1 through 15.
    Delete page 2.
    Page 3, delete lines 1 through 3, begin a new paragraph and insert:
SOURCE: IC 8-1-1.1-5.5; (06)MO024512.1. -->     "SECTION 1. IC 8-1-1.1-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 5.5. (a) After June 30, 2009, the counselor shall have jurisdiction over the following:
        (1) All duties and responsibilities exercised by the commission's consumer protection division before July 1, 2009, with respect to telecommunications providers.
        (2) The responsibilities of the commission under IC 8-1-2.9 to:
            (A) approve a telecommunications provider's petition to provide caller ID service; and
            (B) approve either per-call or per-line blocking of caller ID service for law enforcement and crisis intervention agencies;
        before July 1, 2009.
    (b) As necessary to fulfill its duties under this section with respect to telecommunications providers, the counselor may exercise any power available to commission under IC 8-1-2 with respect to public utilities, including the power to investigate a complaint filed by a consumer against a telecommunications provider.
".
SOURCE: Page 16, line 3; (06)MO024512.16. -->     Page 16, between lines 3 and 4, begin a new paragraph and insert:
    " (h) After June 30, 2009, a provider that offers basic telecommunications service in Indiana must offer a flat monthly rate with unlimited local calling for basic telecommunications service in each local exchange area in Indiana in which the provider offers basic telecommunications service.".
    Page 22, line 17, "chapter:" and insert " chapter, except as otherwise provided in this subsection:".
    Page 23, line 6, delete "Perform," and insert " After June 30, 2009, perform".
    Page 23, line 17, delete "Require" and insert " After June 30, 2009, require".
    Page 24, between lines 19 and 20, begin a new line block indented and insert:
        " (11) Establish and administer the Indiana Lifeline assistance program under IC 8-1-36.".
    Page 24, line 21, delete "division of consumer protection of the" and insert " office of utility consumer counselor created by IC 8-1-1.1-2,".
    Page 24, delete line 22.
    Page 24, line 23, delete "the division's authority under IC 4-6-9,".
    Page 24, line 27, delete "involving the investigation and" and insert " with respect to telecommunications providers.".
    Page 24, delete lines 28 through 29.
    Page 24, delete lines 36 through 38.
    Page 31, line 21, after "chapter," insert " "office" refers to the office of utility consumer counselor created by IC 8-1-1.1-2.".
    Page 31, delete lines 22 through 23.
    Page 32, line 5, delete "division;" and insert " office;".
    Page 32, line 7, delete "division." and insert " office.".
    Page 32, line 14, delete "division" and insert " office".
    Page 32, delete lines 15 through 42.
    Page 33, delete lines 1 through 15.
    Page 60, line 20, delete "division of consumer protection of the office of the" and insert " office of utility consumer counselor created by IC 8-1-1.1-2.".
    Page 60, delete line 21.
    Page 61, line 8, delete "division of consumer protection of the office of the" and insert " office of utility consumer counselor created by IC 8-1-1.1-2.".
    Page 61, delete line 9.
    Page 64, delete lines 34 through 36.
    Page 64, line 37, delete "Sec. 5. As used in this section," and insert " Sec. 4. As used in this chapter,".
    Page 65, between lines 2 and 3, begin a new paragraph and insert:
    " Sec. 5. As used in this chapter, "office" refers to the office of utility consumer counselor created by IC 8-1-1.1-2.".
    Page 65, line 8, delete "A" and insert " After March 27, 2006, a".
    Page 65, line 28, delete "void." and insert " void if the contract, agreement, or arrangement is entered into after March 27, 2006. However, a contract, an agreement, or any other arrangement that otherwise violates this section remains in effect until such time as it would normally terminate or expire if the contract, agreement, or arrangement is entered into before March 28, 2006.".
    Page 66, line 18, delete "division;" and insert " office;".
    Page 66, line 19, delete "division" and insert " office".
    Page 66, line 23, delete "division." and insert " office.".
    Page 66, line 30, delete "division" and insert " office".
    Page 90, between lines 6 and 7, begin a new paragraph and insert:
SOURCE: IC 8-1-36; (06)MO024512.59. -->     "SECTION 59. IC 8-1-36 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]:
     Chapter 36. Indiana Lifeline Assistance Program
    Sec. 1. This chapter applies to an incumbent local exchange carrier that offers basic telecommunications service in one (1) or more exchange areas in Indiana.
    Sec. 2. Except as otherwise provided in this chapter, the definitions in IC 8-1-2.6 apply throughout this chapter.
    Sec. 3. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
    Sec. 4. As used in this chapter, "customer" refers to a residential customer that receives basic telecommunications service from an incumbent local exchange carrier.
    Sec. 5. As used in this chapter, "eligible customer" refers to a customer who:
        (1) is not a qualifying low-income consumer (as defined in 47 CFR 54.400(a)) under the federal Lifeline program; but
        (2) is eligible for the Indiana Lifeline assistance program under section 11 of this chapter.
    Sec. 6. As used in this chapter, "eligible telecommunications carrier" refers to an incumbent local exchange carrier that is designated as an eligible telecommunications carrier by the commission under 47 CFR 54.201.
    Sec. 7. As used in this chapter, "federal Lifeline program" refers to the retail local service offering:
        (1) available only to qualifying low-income consumers (as defined in 47 CFR 54.400(a));
        (2) for which qualifying low-income consumers pay reduced charges as a result of the application of the Lifeline support amount described in 47 CFR 54.403; and
        (3) that includes the services and functionalities set forth in 47 CFR 54.101(a)(1) through (a)(9);
as described in 47 CFR 54.401.
    Sec. 8. As used in this chapter, "participant" refers to an eligible customer who applies for and receives assistance through the program.
    Sec. 9. As used in this chapter, "program" refers to the Indiana Lifeline assistance program established by the commission under section 10 of this chapter.
    Sec. 10. (a) Not later than July 1, 2008, the commission shall adopt rules under IC 4-22-2 to establish the Indiana Lifeline assistance program. The program shall offer reduced charges for

basic telecommunications service to eligible customers. The rules adopted by the commission under this section must do the following:
        (1) Require an eligible telecommunications carrier to offer toll limitation (as defined in 47 CFR 54.400(d)) to an eligible customer who applies for assistance under the program. The rules must specify that an eligible telecommunications carrier may not charge a participant an administrative charge or any other additional amount for toll limitation.
        (2) Allow an eligible telecommunications carrier to block a participant's access to interexchange service, except for access to toll free numbers, if the participant owes an outstanding amount for basic telecommunications service. The rules must require an eligible telecommunications carrier to remove the block without additional cost to the participant upon payment of the outstanding amount.
        (3) Prohibit an eligible telecommunications carrier from discontinuing basic telecommunications service to a participant because of nonpayment by the participant of charges for other services billed by the eligible telecommunications carrier, including interexchange service.
    (b) The following costs of the program shall be paid from the telecommunications budgets of the commission and the office of utility consumer counselor as determined under IC 8-1-6-1:
        (1) The costs of reimbursing eligible telecommunications carriers for lost revenues associated with providing reduced charges for basic telecommunications service to participants.
        (2) Reasonable expenses incurred by the commission and eligible telecommunications carriers to:
            (A) administer the program; and
            (B) publicize the availability of the program in a manner reasonably designed to reach eligible customers.
    (c) The rules adopted by the commission under IC 4-22-2 to establish the program must:
        (1) take effect not later than July 1, 2009;
        (2) be consistent with this chapter.
Upon the effective date of the rules adopted by the commission under this section, an eligible telecommunications carrier shall offer basic telecommunications service to an eligible customer at the reduced rates established under the rules.
    Sec. 11. A customer is eligible to receive reduced rates for basic telecommunications service under the program if:
        (1) the customer's income (as defined in 47 CFR 54.400(f)) does not exceed one hundred fifty percent (150%) of the federal poverty guidelines; or
        (2) any person in the customer's household receives or has a child who receives any of the following:


            (A) Medicaid.
            (B) Food stamps.
            (C) Supplemental Security Income.
            (D) Federal public housing assistance.
            (E) Home energy assistance under a program administered by the division of family resources under IC 12-14-11.
            (F) Assistance under the federal Temporary Assistance to Needy Families (TANF) program (45 CFR 260 et seq.).
            (G) Free lunches under the national school lunch program.
    Sec. 12. An eligible telecommunications carrier may seek Tier Three federal Lifeline support under 47 CFR 54.403(a)(3) in connection with support provided by the eligible telecommunications carrier under this chapter.
".
SOURCE: Page 92, line 27; (06)MO024512.92. -->     Page 92, line 27, delete ""division" refers to the division of" and insert " "office" refers to the office of utility consumer counselor created by IC 8-1-1.1-2.".
    Page 92, delete lines 28 through 29.
    Page 93, delete lines 2 through 10.
    Page 93, line 11, delete "(g)" and insert " (f)".
    Page 93, line 12, delete "division" and insert " office".
    Page 93, line 12, delete "2009:" and insert " 2009, take any action necessary".
    Page 93, delete lines 13 through 14.
    Page 93, run in lines 12 through 15.
    Page 93, line 18, delete "(h)" and insert " (g)".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 245 as printed January 12, 2006.)

________________________________________

Senator CRAYCRAFT


MO024512/DI 101
2006