special access service rates and charges; filing of tariff Sec. 1.5. (a) In acting to impose any requirements or set any prices concerning: (1) interconnection with the facilities and equipment of providers for purposes of 47 U.S.C. 251(c)(2); (2) the resale of telecommunications service for purposes of 47 U.S.C. 251(c)(4); or (3) the unbundled access of one (1) provider to the network elements of another provider for purposes of 47 U.S.C. 251(c)(3); the commission shall not exceed the authority delegated to the commission under federal laws and regulations with respect to those actions. (b) Subject to any regulations adopted by the Federal Communications Commission, this section does not affect: (1) the commission's authority to mediate a dispute between providers under 47 U.S.C. 252(a); (2) the commission's authority to arbitrate a dispute between providers under 47 U.S.C. 252(b); (3) the commission's authority to approve an interconnection agreement under 47 U.S.C. 252(e), including the authority to establish service quality metrics and liquidated damages; (4) the commission's authority to review and approve a provider's statement of terms and conditions under 47 U.S.C. 252(f); (5) a provider's ability to file a complaint with the commission to have a dispute decided by the commission: (A) after notice and hearing; and (B) in accordance with this article; or (6) the commission's authority to resolve an interconnection dispute between providers under the expedited procedures set forth in 170 IAC 7-7. (c) If a provider's rates and charges for intrastate switched or special access service are: (1) at issue in a dispute that the commission is authorized to mediate, arbitrate, or otherwise determine under state or federal law; or (2) included in an interconnection agreement or a statement of terms and conditions that the commission is authorized to review or approve under state or federal law; the commission shall consider the provider's rates and charges for intrastate switched or special access service to be just and reasonable if the intrastate rates and charges mirror the provider's interstate rates and charges for switched or special access service. (d) If the commission requires a provider to file a tariff for intrastate switched access service, special access service, or any other service, the filing of the tariff with the commission serves as the public notice of the filing of the tariff. The commission shall provide the public with notice of tariff filings through the commission's Internet web site or other electronic means. As added by P.L.27-2006, SEC.18. Amended by P.L.256-2013, SEC.5; P.L.107-2014, SEC.1.
IC 8-1-2.6-2 Rules and orders of the commission; notice and hearing; underlying policies; determination of public interest Sec. 2. (a) This section applies to rules and orders that: (1) concern telecommunications service or providers of telecommunications service; and (2) may be adopted or issued by the commission under the authority of state or federal law. (b) Rules and orders described in this section: (1) may be adopted or issued only after notice and hearing, unless: (A) the commission determines in accordance with IC 8-1-2-113 that an emergency exists that requires the commission or a provider to take immediate action to: (i) prevent injury to the business or interests of the citizens of Indiana; or (ii) maintain a provider's financial integrity and ability to provide adequate basic telecommunications service; (B) the commission is authorized under IC 8-1-2 to adopt a particular rule or issue a particular order without the necessity of a hearing; or (C) after receiving notice of the commission's proposed action, all parties to a proceeding consent to the commission taking action without a hearing; and (2) must be: (A) consistent with this chapter; and (B) in the public interest, as determined by the commission under subsection (d). (c) Rules and orders described in this section must promote one (1) or more of the following: (1) Cost minimization for providers to the extent that a provider's quality of service and facilities are not diminished. (2) A more accurate evaluation by the commission of a provider's physical or financial conditions or needs as well as a less costly regulatory procedure for either the provider, the provider's customers, or the commission. (3) Consumer access to affordable basic telecommunications service. (4) Development of depreciation guidelines and procedures that recognize technological obsolescence. (5) Increased provider management efficiency beneficial to customers. (6) Regulation consistent with a competitive environment. (d) In determining whether the public interest will be served, as required under subsection (b), the commission shall consider: (1) whether technological change, competitive forces, or regulation by other state and federal regulatory bodies render the exercise of jurisdiction by the commission unnecessary or wasteful; (2) whether the exercise of commission jurisdiction produces tangible benefits to the customers of providers; and (3) whether the exercise of commission jurisdiction inhibits a regulated entity from competing with unregulated providers of functionally similar telecommunications services or equipment. As added by P.L.92-1985, SEC.1. Amended by P.L.27-2006, SEC.19; P.L.107-2014, SEC.2.