in-20241023-IR-170240392FNA: The Indiana Utility Regulatory Commission (IURC) is soliciting public comment on adding rules in 170 IAC 7 concerning fees imposed on, and factors used in assessing penalties that apply to, certain telecommunications providers. The IURC seeks comment on the affected citations listed and any other provisions of Title 170 that may be affected by this rulemaking.

Notice of First Public Comment Period LSA Document #24-392 Sec. 8.2. (a) When imposing a civil penalty under IC 8-1-29-7.5, the commission shall impose a civil penalty of two thousand five hundred dollars ($2,500) for each violation unless it finds at least one (1) of the factors in subsection (b) applies. (b) The commission may impose a penalty in a lesser amount than specified in subsection (a) if it makes findings of at least one (1) of the following: Sec. 1. In considering whether to impose a penalty under IC 8-1-29.5 and the amount of the penalty, the commission shall consider the following factors: Sec. 3. In determining the amount of penalty to be imposed under IC 8-1-32.6, the commission shall consider the following factors: Sec. 3. The application fee for a certificate of franchise authority by a video service provider is eight hundred thirty-two dollars ($832), payable by the applicant when the applicant submits its application, and in a manner prescribed by the commission. Sec. 4. (a) The commission shall set the Indiana universal service fund surcharge in compliance with the order issued March 17, 2004, in commission cause number 42144, and the order issued February 22, 2012, in cause number 42144-S3. The surcharge percentage shall be set in cause number 42144-S3 not more than twice a year after considering the recommendation of the oversight committee and any other information submitted in that cause. The commission may open a new subdocket for this purpose, if needed. (b) In setting the Indiana universal service fund surcharge, the commission shall consider the reasonableness factors contained in the order issued February 22, 2012, in cause number 42144-S3. Sec. 5. (a) The commission shall set the surcharge for hearing impaired services under IC 8-1-2.8-11, and may adjust the surcharge under IC 8-1-2.8-12 based on information received from InTRAC, as defined by IC 8-1-2.8-6, in a commission proceeding in cause number 39880 INTRAC X. (b) In setting the surcharge for hearing impaired services, the commission shall consider the reasonableness factors contained in the order issued March 23, 1994, in cause number 39880-INTRAC.