First Regular Session 117th General Assembly (2011)

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     AN ACT concerning utilities.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: ; (11)HE1131.1.1. -->
    SECTION 1. [EFFECTIVE UPON PASSAGE] (a) The definitions in IC 8-1-34 apply throughout this SECTION.
    (b) As used in this SECTION, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.
    (c) As used in this SECTION, "committee" refers to the regulatory flexibility committee established by IC 8-1-2.6-4.
    (d) Not later than November 1, 2011, the committee shall study the following:
        (1) Whether video service franchise fees paid to local units under:
            (A) a certificate of franchise authority issued by the commission under IC 8-1-34; or
            (B) an unexpired local franchise issued by a local unit before July 1, 2006;
        are used by local units for purposes related to the provision of video service in the units and in a manner consistent with IC 8-1-34.
        (2) Whether the video service franchise fees described in subdivision (1) have an anticompetitive effect on the pricing and provision of video service in Indiana.
    (e) The commission shall provide any data or other information requested by the committee to conduct the study described in

subsection (d). However, this subsection does not empower the commission 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 subsection.
    (f) The committee shall prepare a report on the committee's recommendations, if any, concerning the issues described in subsection (d) and shall submit the report to the legislative council in an electronic format under IC 5-14-6 not later than November 1, 2011.
    (g) This SECTION expires January 1, 2012.

SOURCE: ; (11)HE1131.1.2. -->     SECTION 2. An emergency is declared for this act.

HEA 1131


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