SB 492-2_ Filed 02/21/2013, 10:05 Hershman

SENATE MOTION

                


MADAM PRESIDENT:

    I move that Senate Bill 492 be amended to read as follows:

SOURCE: Page 1, line 1; (13)MO049202.1. -->     Page 1, line 1, strike "A" and insert " The".
    Page 1, line 3, delete "is".
    Page 1, line 3, reset in roman "under IC 8-1-2.6-4".
    Page 1, line 4, reset in roman "shall also".
    Page 1, line 4, strike "to".
    Page 8, line 17, delete "may" and insert " shall".
    Page 9, line 11, reset in roman "2007, and in each report".
    Page 9, line 12, reset in roman "due in an odd-numbered year after July 1, 2007:".
    Page 9, line 12, delete "2013:".
    Page 9, between lines 19 and 20, begin a new line block indented and insert:
        " This subdivision expires June 30, 2013.".
    Page 13, line 27, after "(D)" insert " and".
    Page 16, line 31, strike "IC 8-1-2.6-13(d)(9)" and insert " IC 8-1-2.6-13(c)(9)".
    Page 17, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 8-1-32.5-6; (13)MO049202.14. -->     "SECTION 14. IC 8-1-32.5-6, AS AMENDED BY P.L.219-2011, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6. (a) Except as provided in subsection (c), before a communications service provider may offer communications service to customers in Indiana, the communications service provider must apply to the commission for a certificate of territorial authority. A communications service provider that seeks a certificate under this chapter shall submit an application on a form prescribed by the commission. Subject to subsection (e), the form prescribed by the

commission must require the communications service provider to report the following information:
        (1) The provider's legal name and any name under which the provider does or will do business in Indiana, as authorized by the secretary of state.
        (2) The provider's address and telephone number, along with contact information for the person responsible for ongoing communications with the commission.
        (3) The legal name, address, and telephone number of the provider's parent company, if any.
        (4) A description of each service area in Indiana in which the provider proposes to offer communications service.
        (5) For each service area identified under subdivision (4), a description of each type of communications service that the provider proposes to offer in the service area.
        (6) For each communications service identified under subdivision (5), whether the communications service will be offered to residential customers or business customers, or both.
        (7) The expected date of deployment for each communications service identified under subdivision (5) in each service area identified in subdivision (4).
        (8) A list of other states in which the provider offers communications service, including the type of communications service offered.
        (9) Any other information the commission considers necessary to:
            (A) monitor the type and availability of communications service provided to Indiana customers; and
            (B) prepare the commission's annual report to the regulatory flexibility committee under IC 8-1-2.6-4.
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 8 of this chapter.
    (b) A communications service provider shall also submit, along with the application required by subsection (a), the following documents:
        (1) A certification from the secretary of state authorizing the provider to do business in Indiana.
        (2) Information demonstrating the provider's financial, managerial, and technical ability to provide each communications service identified in the provider's application under subsection (a)(5) in each service area identified under subsection (a)(4).
        (3) A statement, signed under penalty of perjury by an officer or another person authorized to bind the provider, that affirms the following:
            (A) That the provider has filed or will timely file with the Federal Communications Commission all forms required by the Federal Communications Commission before offering communications service in Indiana.
            (B) That the provider agrees to comply with any customer notification requirements imposed by the commission under section 11(b) of this chapter.


            (C) That the provider agrees to update the information provided in the application submitted under subsection (a) on a regular basis, as may be required by the commission under section 12 of this chapter.
            (D) That the provider agrees to notify the commission when the provider commences offering communications service in each service area identified in the provider's application under subsection (a)(4).
            (E) That the provider agrees to pay any lawful rate or charge for switched and special access services, as required under any:
                (i) applicable interconnection agreement; or
                (ii) lawful tariff or order approved or issued by a regulatory body having jurisdiction.
            (F) That the provider agrees to report, at the times required by the commission, any information required by the commission under IC 8-1-2.6-13(d)(9). IC 8-1-2.6-13(c)(9).
    (c) If:
        (1) a communications service provider has been issued a:
            (A) certificate of territorial authority; or
            (B) certificate of public convenience and necessity;
        by the commission before July 1, 2009; and
        (2) the certificate described in subdivision (1) is in effect on July 1, 2009;
the communications service provider is not required to submit an application under this section for as long as the certificate described in subdivision (1) remains in effect. For purposes of this subsection, if a corporation organized under IC 8-1-13 (or a corporation organized under IC 23-17-1 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13) holds a certificate of public convenience and necessity issued by the commission before, on, or after July 1, 2009, that certificate may serve as the certificate required under this chapter with respect to any communications service offered by the corporation, subject to the commission's right to require the corporation to provide any information that an applicant is otherwise required to submit under subsection (a) or that a holder is required to report under IC 8-1-2.6-13(d)(9). IC 8-1-2.6-13(c)(9).
    (d) This section does not empower the commission to require an applicant for a certificate under this chapter 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 section.
    (e) The form prescribed for a communications service provider that offers only a service described in IC 8-1-2.6-1.1 must require the communications service provider to report and certify the accuracy of only the information required under subsection (a)(1) and (a)(2).".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 492 as printed February 19, 2013.)

________________________________________

Senator HERSHMAN


RS 049203/DI ck
2013