Title 8, UTILITIES AND TRANSPORTATION

Sec. 13. Unless the commission disapproves an application by the InTRAC for a surcharge adjustment within ninety (90) days of the application, the commission shall approve the adjustment, and the LEC may charge and collect an adjusted surcharge. However, the commission may not ap…

Sec. 14. A surcharge shall be collected on the regular monthly bill that a LEC sends to each of its customers. The surcharge may be separately identified on customers' bills as a special surcharge for the provision of services, including telecommunications devices as provided in …

Sec. 15. All costs incurred by a LEC as a result of its compliance with the ADA requirements to provide services to deaf, hard of hearing, and speech impaired persons shall be accounted for separately and recovered as required by the ADA and the FCC. As added by P.L.75-1991, SEC.…

Sec. 16. The amount of money collected by a LEC in surcharges under this chapter is exempt from all state income taxes and all fees imposed under IC 8-1-6. As added by P.L.75-1991, SEC.1.

Sec. 17. A LEC that collects a surcharge under this chapter shall pay the amount collected for the surcharge on the terms and in the manner determined under section 21(2) of this chapter to a not-for-profit corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991…

Sec. 18. The articles of incorporation of the InTRAC must provide the following: (1) The name of the corporation shall be "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired". (2) The sole purpose for which the InTRAC shall be organized and operated is…

Sec. 19. The articles of incorporation of the InTRAC may contain provisions in addition to those specified in section 18 of this chapter that: (1) the members of the InTRAC provide in accordance with IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17; and (2) do not vi…

Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission. As added by P.L.75-1991, SEC.1.

Sec. 20. (a) In pursuit of its purpose, the InTRAC may do the following: (1) Perform audits and tests of the accounts of a LEC to verify the amounts described in section 12 of this chapter. (2) Provide by contract dual party relay services to communications service providers oper…

Sec. 21. The InTRAC shall do the following: (1) Establish, implement, and administer, in whole or in part, a statewide dual party relay service system. Any contract for the supply or operation of a dual party relay service system or for the supply of telecommunications devices sh…

Sec. 22. If: (1) a communications service provider that is not a member of InTRAC originates, carries, or terminates, in whole or in part, any telecommunication message that uses the InTRAC's dual party relay services; and (2) refuses to: (A) enter into a contract with the InTRAC…

Sec. 23. (a) If the InTRAC meets the requirements of sections 18 and 21 of this chapter, the InTRAC: (1) is not a public utility; (2) is not a telephone company or a communications service provider; and (3) is free from the jurisdiction and oversight of the commission except as s…

Sec. 24. If the InTRAC meets the requirements of sections 18 and 21 of this chapter, the InTRAC: (1) for purposes of all taxes imposed by the state or any county or municipality in Indiana is an organization that is organized and operated exclusively for charitable purposes; and …

Sec. 25. The following are not liable in any civil action for any injuries or loss to persons or property incurred by any person as a result of any act or omission of any person or entity listed in subdivisions (1) through (3) in connection with the development, adoption, impleme…

Sec. 3. (a) As used in this chapter, "dual party relay services" means telecommunications transmission services that provide the ability for a person who has a hearing impairment or speech impairment to engage in communication with a hearing person in a manner that is functionall…

Sec. 4. As used in this chapter, "FCC" refers to the Federal Communications Commission. As added by P.L.75-1991, SEC.1.

Sec. 5. As used in this chapter, "deaf, hard of hearing, or speech impaired person" means a person who is so certified by a licensed physician, an otolaryngologist, a speech language pathologist, an audiologist, or a qualified state agency. As added by P.L.75-1991, SEC.1. Amended…

Sec. 6. As used in this chapter, "Indiana Telephone Relay Access Corporation for the Hearing and Speech Impaired" or "InTRAC" means a corporation formed under IC 23-7-1.1 (before its repeal on August 1, 1991) or IC 23-17 that meets the requirements of section 18 of this chapter. …

Sec. 7. As used in this chapter, "local exchange access service" means telephone exchange access lines or channels that provide local access to the local telecommunications network to effect the transfer of information. As added by P.L.75-1991, SEC.1.

Sec. 8. As used in this chapter, "local exchange company" or "LEC" refers to any communications service provider (as defined in IC 8-1-2.6-13(b)) that: (1) has a certificate of territorial authority on file with the commission; and (2) is required to provide dual party relay serv…

Sec. 9. As used in this chapter, "telephone company" means: (1) any natural person, firm, association, corporation, or partnership, owning, leasing, or operating any lines, facilities, or systems used in the furnishing of telephone service; and (2) any common carrier or carrier a…