Section 8-1-32.6-7 - Prohibited contracts, agreements, and arrangements; complaint; commission investigation; civil penalty; enforcement by attorney general; right to appeal(a) After March 27, 2006, a communications service provider shall not enter into any contract, agreement, or other arrangement that does any of the following: (1) Requires any person to restrict or limit: (A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service to Indiana customers; or(B) access to real property by another communications service provider.(2) Offers or grants incentives or rewards to an owner of real property if the incentives or rewards are contingent upon the property owner's agreement to restrict or limit: (A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service on the property; or(B) access to the owner's real property by another communications service provider. A contract, an agreement, or any other arrangement that violates this section is void if the contract, agreement, or arrangement is entered into after March 27, 2006. However, a contract, an agreement, or any other arrangement that otherwise violates this section remains in effect until such time as it would normally terminate or expire if the contract, agreement, or arrangement is entered into before March 28, 2006.
(b) This section does not prohibit a communications service provider and a subscriber from entering into any lawful contract, agreement, or other arrangement concerning the communications service offered by the communications service provider to the subscriber.(c) Upon: (1) a complaint filed by: (A) another communications service provider;(B) a subscriber or potential subscriber of communications service;(C) the utility consumer counselor; or(D) any class satisfying the standing requirements of IC 8-1-2-54; or(2) the commission's own motion; the commission may investigate whether a communications service provider has violated this section. If, after notice and an opportunity for hearing, the commission determines that the communications service provider has violated this section, the commission may issue an order imposing a civil penalty of not more than five hundred dollars ($500) for each violation. For purposes of this subsection, each day that a contract, an agreement, or an arrangement prohibited by this section remains in effect constitutes a separate violation.
(d) The attorney general may bring an action in the name of the state to enforce an order of the commission under subsection (c), including the collection of an unpaid civil penalty imposed by the commission.(e) Civil penalties collected under this section shall be deposited in the state general fund.(f) A determination by the commission under this section is subject to appeal under IC 8-1-3.As added by P.L. 27-2006, SEC.56.