SB 492-1_ Filed 02/18/2013, 12:03

COMMITTEE REPORT

MADAM PRESIDENT:

    The Senate Committee on Utilities, to which was referred Senate Bill No. 492, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 2, line 40; (13)CR049201.2. -->     Page 2, between lines 40 and 41, begin a new paragraph and insert:
SOURCE: IC 8-1-2.6-1.2; (13)CR049201.2. -->     "SECTION 2. IC 8-1-2.6-1.2, AS AMENDED BY P.L.1-2007, SECTION 70, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.2. Except as provided in sections 1.5(b) 12, and 13 of this chapter, after March 27, 2006, the commission shall not exercise jurisdiction over any nonbasic telecommunications service.".
SOURCE: Page 7, line 1; (13)CR049201.7. -->     Page 7, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 8-1-2.6-1.4; (13)CR049201.4. -->     "SECTION 4. IC 8-1-2.6-1.4, AS AMENDED BY P.L.1-2007, SECTION 71, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1.4. Except as provided in sections 1.5(b) 12, and 13 of this chapter, after June 30, 2009, the commission shall not exercise jurisdiction over basic telecommunications service.".
SOURCE: Page 8, line 6; (13)CR049201.8. -->     Page 8, line 6, delete ":" and insert " , the filing of the tariff with the commission serves as the public notice of the filing of the tariff. The commission may provide the public with notice of tariff filings through the commission's Internet web site or other electronic means.".
    Page 8, delete lines 7 through 42, begin a new paragraph and insert:
SOURCE: IC 8-1-2.6-4; (13)CR049201.6. -->     "SECTION 6. IC 8-1-2.6-4, AS AMENDED BY P.L.62-2009, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 4. (a) A regulatory flexibility committee is established to monitor competition in the telecommunications industry.
    (b) The committee is composed of the members of a house standing committee selected by the speaker of the house of representatives and a senate standing committee selected by the president pro tempore of the senate. In selecting standing committees under this subsection, the speaker and president pro tempore shall determine which standing committee of the house of representatives and the senate, respectively, has subject matter jurisdiction that most closely relates to the electricity, gas, energy policy, and telecommunications jurisdiction of the regulatory flexibility committee. The chairpersons of the standing committees selected under this subsection shall co-chair the regulatory flexibility committee.
    (c) Subject to subsection (f), the commission shall, by July 1 of each year, prepare for presentation to the regulatory flexibility committee a report that includes the following:
        (1) An analysis of the effects of competition and technological change on universal service and on pricing of all telecommunications services offered in Indiana.
        (2) An analysis of the status of competition and technological change in the provision of video service (as defined in IC 8-1-34-14) to Indiana customers, as determined by the commission in carrying out its duties under IC 8-1-34. The commission's analysis under this subdivision must may include a description of:
            (A) the number of multichannel video programming distributors offering video service to Indiana customers;
            (B) the technologies used to provide video service to Indiana customers; and
            (C) the effects of competition on the pricing and availability of video service in Indiana.
        (3) Beginning with the report due July 1, 2007, and in each report due in an odd-numbered year after July 1, 2007: 2013:
            (A) an identification of all telecommunications rules and policies that are eliminated by the commission under section 4.1 of this chapter during the two (2) most recent state fiscal years; and
            (B) an explanation why the telecommunications rules and

policies identified under clause (A) are no longer in the public interest or necessary to protect consumers.
        (4) Beginning with the report due July 1, 2010, Best practices concerning vertical location of underground facilities for purposes of IC 8-1-26. A report under this subdivision must address the viability and economic feasibility of technologies used to vertically locate underground facilities.
    (d) In addition to reviewing the commission report prepared under subsection (c), the regulatory flexibility committee shall may also issue a report and recommendations to the legislative council by November 1 of each year that is based on a review of the following issues:
        (1) The effects of competition and technological change in the telecommunications industry and impact of competition on available subsidies used to maintain universal service.
        (2) The status of modernization of the publicly available telecommunications infrastructure in Indiana and the incentives required to further enhance this infrastructure.
        (3) The effects on economic development and educational opportunities of the modernization described in subdivision (2).
        (4) The current methods of regulating providers, at both the federal and state levels, and the effectiveness of the methods.
        (5) The economic and social effectiveness of current telecommunications service pricing.
        (6) All other telecommunications issues the committee deems appropriate.
The report and recommendations issued under this subsection to the legislative council must be in an electronic format under IC 5-14-6.
    (e) The regulatory flexibility committee shall meet on the call of the co-chairpersons to study telecommunications issues described in subsection (d). The committee shall, with the approval of the commission, retain the independent consultants the committee considers appropriate to assist the committee in the review and study. The expenses for the consultants shall be paid by the commission.".
    Delete page 9.

SOURCE: Page 10, line 1; (13)CR049201.10. -->     Page 10, delete lines 1 through 3, begin a new paragraph and insert:
    "( f) If the commission requests a communications service provider (as defined in section 13(b) of this chapter) to provide information for the commission to use in preparing a report under

subsection (c), the request must be limited to public information provided to the Federal Communications Commission and may be required to be provided only in the form in which it is provided to the Federal Communications Commission. However, the commission may request any public information from a communications service provider (as defined in section 13(b) of this chapter) upon a request from the committee's co-chairpersons that specifically enumerates the public information sought.".
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    Page 13, line 11, after "(D)" insert " subject to section 4(f) of this chapter,".
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    Page 13, line 32, reset in roman "(11)".
    Page 13, line 32, delete "(10)".
    Page 13, line 36, delete "(11)" and insert " (12)".
    Page 14, line 9, delete "(12)" and insert " (13)".
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    Page 14, between lines 37 and 38, begin a new paragraph and insert:
SOURCE: IC 8-1-2.6-15; (13)CR049201.11. -->     "SECTION 11. IC 8-1-2.6-15, AS ADDED BY P.L.27-2006, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 15. (a) Except as provided in subsection (b), If there is a conflict between this chapter and another provision of this article, this chapter controls.
    (b) This chapter does not affect the rights of:
        (1) a provider that has withdrawn from the commission's jurisdiction under IC 8-1-2-88.5 or IC 8-1-17-22.5 before March 28, 2006, to remain outside the jurisdiction of the commission during the transition period described in section 1.3 of this chapter; or
        (2) a provider that:
            (A) has not withdrawn from the commission's jurisdiction under IC 8-1-2-88.5 or IC 8-1-17-22.5 before March 28, 2006; and
            (B) is otherwise eligible to withdraw from the commission's jurisdiction under IC 8-1-2-88.5 or IC 8-1-17-22.5;
        to withdraw from the commission's jurisdiction under IC 8-1-2-88.5 or IC 8-1-17-22.5 at any time during the transition period described in section 1.3 of this chapter.
Except as provided in section 13(d)(5) of this chapter, after June 30, 2009, section 1.4 of this chapter applies to a provider described in this subsection.".
SOURCE: Page Page16, line 12; (13)CR049201.Page16. -->     Page16, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: IC 24-5-12-25; (13)CR049201.15. -->     "SECTION 15. IC 24-5-12-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25. (a) If a person makes a solicitation to a prospect that is outside of the course of dealing (as described in IC 26-1-1-205), whether personally, through salespersons, or through the use of an automated dialing and answering device, the person may not knowingly or intentionally block or attempt to block the display of the person's:
        (1) telephone number; or
        (2) identity;
by a caller ID service (as defined by IC 8-1-2.9-1) when attempting to initiate a telephone conversation for the purpose of making a solicitation to a prospect.
    (b) A person who knowingly or intentionally violates this section

commits a Class B misdemeanor. However, the offense is a Class A misdemeanor if the person has a previous unrelated conviction under this subsection.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 492 as introduced.)

and when so amended that said bill do pass.

Committee Vote: Yeas 8, Nays 0.

____________________________________

    Merritt
Chairperson


CR049201/DI 103    2013