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:
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.
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.
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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commits a Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person has a previous unrelated conviction under
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.