in-20260729-IR-170260252RAA: 170 IAC 7-1.1-19

TITLE 170 INDIANA UTILITY REGULATORY COMMISSION Regulatory Analysis LSA Document #26-252

I. Description of Rule

This rulemaking makes various revisions to the Indiana Utility Regulatory Commission's (IURC's) rules regarding telecommunications companies in 170 IAC Article 7. It removes several unneeded sections and simplifies the rules to conform to the IURC's limited jurisdiction over telecommunications. Citation Authority 170 IAC 7-1.1-19 Repealed 170 IAC 7-1.2-1 IC 8-1-2.6-2(b)(1); IC 8-1-2.6-1.5(a)(3), which provides authority for the Commission if delegated by federal law. Federal law delegates authority to the Commission under 47 USC § 214(e)(2); 47 CFR § 54.201(b). 170 IAC 7-1.2-2 IC 8-1-2.6-2(b)(1); IC 8-1-2.6-1.5(a)(3), which provides authority for the Commission if delegated by federal law. Federal law delegates authority to the Commission under 47 USC § 214(e)(2); 47 CFR § 54.201(b). 170 IAC 7-1.2-3 IC 8-1-2.6-2(b)(1); IC 8-1-2.6-1.5(a)(3), which provides authority for the Commission if delegated by federal law. Federal law delegates authority to the Commission under 47 USC § 214(e)(1)(A); 47 USC § 214(e)(5). 170 IAC 7-1.2-4 IC 8-1-2.6-2(b)(1); IC 8-1-32.4; IC 8-1-2.6-1.5(a)(3), which provides authority for the Commission if delegated by federal law. Federal law delegates authority to the Commission under 47 USC § 251(h). 170 IAC 7-1.2-9 IC 8-1-2.6-1.5(a)(3); IC 8-1-2.6-2(b)(1); IC 8-1-2.6-13(c)(10); IC 8-1-32.4. 170 IAC 7-1.2-18 IC 8-1-1-3; IC 8-1-2.6-13. 170 IAC 1.3-1 IC 8-1-1-3; IC 8-1-29; IC 8-1-29.5; IC 8-1-2.6-13(c)(4). 170 IAC 1.3-2 IC 8-1-1-3; IC 8-1-29; IC 8-1-29.5; IC 8-1-2.6-13(c)(4). 170 IAC 1.3-5 IC 8-1-1-3; IC 8-1-32.5-11. 170 IAC 1.3-8.1 IC 8-1-29; IC 8-1-29.5; IC 8-1-2.6-13(c)(4). 170 IAC 1.3-8.2 IC 8-1-29-5.5; IC 8-1-29-6; IC 8-1-29-7.5. 170 IAC 1.3-9 IC 8-1-2-34.5. 170 IAC 7-6-1 IC 8-1-1-3; IC 8-1-2-5; IC 8-1-2-34.5; IC 8-1-32.4; IC 8-1-32.5. 170 IAC 7-6-2 IC 8-1-1-3; IC 8-1-2-5; IC 8-1-2-34.5; IC 8-1-32.4; IC 8-1-32.5 170 IAC 7-6-3 IC 8-1-1-3; IC 8-1-2-5; IC 8-1-2-34.5; IC 8-1-32.4; IC 8-1-32.5 170 IAC 7-6-6 IC 8-1-1-3; IC 8-1-2-5; IC 8-1-2-34.5; IC 8-1-32.4; IC 8-1-32.5 170 IAC 7-7-1 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-2 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-3 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-4 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-5 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-6 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-7 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-8 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-9 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-10 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-7-11 IC 8-1-1-3; IC 8-1-2.6-1.5 170 IAC 7-8-1 IC 8-1-29.5 170 IAC 7-8-2 IC 8-1-32.6-10 170 IAC 7-8-3 IC 8-1-34-16 170 IAC 7-8-4 IC 8-1-2.6-13 170 IAC 7-8-5 IC 8-1-2.8-11

II. Fiscal Impact Analysis

This rulemaking will not affect local government and is not expected to have any impact on the IURC's expenditures or revenues. The rule may save time for IURC staff, as the number of rules is reduced and the remaining rules should be easier to interpret and apply because of the streamlined and simplified language.

III. Impacted Parties

The rules in 170 IAC Article 7 could apply to all communication service providers. In Indiana, there are approximately 898 communication service providers, which includes approximately 647 telecommunications providers, 34 incumbent local exchange carriers, 211 competitive local exchange carriers, and 83 eligible telecommunications carriers. Some providers may fit under multiple categories.

IV. Changes in Proposed Rule

A complete, itemized list of the changes in this rulemaking is in the table below. Citation Change 170 IAC 7-1.2-1 Simplifying language in the applicability section. 170 IAC 7-1.2-2 Removing definitions that are not used or needed, and re-numberings remaining definitions. Adding clarity to definition of “CTA”. Correcting the definition of “CMRS” to instead refer to “CMS” and properly incorporating the federal definition. Revising definition of “customer”. Revising definition of “facility” to include the plural and remove the transmission path from the definition for better precision. Revising definition of “ILEC” to incorporate the federal definition instead of duplicating it. Revising definition of “LEC” to correct the incorporation of the federal definition and to revise CMRS to CMS, as above. Removing unneeded incorporation footnote. 170 IAC 7-1.2-3 Correcting grammar throughout to conform to the rule drafting manual. Removes the requirement for an ETC to report unfulfilled service requests and complaints in previous subsection (d). Correcting incorporation language in previous (e). Removing unneeded incorporation footnote. 170 IAC 7-1.2-4 170 IAC 7-1.2-4(1) removes the requirement for an ETC to report its current local exchange rates to the IURC. 170 IAC 7-1.2-4(2) revises the requirement to submit maps by requiring maps from an ILEC that is an ETC. Those entities must submit maps to the IURC and the maps must be consistent with study area boundary maps already submitted to the FCC. 170 IAC 7-1.2-9 Correcting incorporation language and removing unneeded citation. 170 IAC 7-1.2-18 Grammatical change per rule drafting manual. 170 IAC 7-1.3-1 Grammatical change per rule drafting manual. Clarifying that a CSP is included in the list of entities that may file a petition. 170 IAC 7-1.3-2 Removing definitions no longer needed. Adding definition of “CMS”, “CSP”, and “Provider” for use in rule. 170 IAC 7-1.3-5 Correcting reference to “CMRS” by replacing with new definition of “CMS”. 170 IAC 7-1.3-8.1 Removing previous language related to unauthorized switching and billing and replacing with the incorporation of the applicable federal regulations on the same subject. Incorporating the federal truth-in-billing regulations to replace the previous language in 170 IAC 7-1.3-6 170 IAC 7-1.3-8.2 Replacing shall with may to provide discretion to the IURC to not impose a penalty depending on the evidence. 170 IAC 7-1.3-9 Removing all customer complaint procedures and instead referring to the existing procedures 170 IAC 16-1-5 and 16-1-6 to avoid duplication or unintended conflicts. 170 IAC 7-6-1 Adding precision to the rule's application by stating it is for retail end-user local exchange voice customers, regardless of whether the voice service is offered as a stand-alone service or as part of a bundle or package of services. Removes notice requirement for bankruptcy. Adds notice requirement for a LEC connected to another LEC that is relinquishing authority or ceasing operation. Adds notice requirement for LEC that purchases service for resale or unbundled network element from another LEC that is ceasing operations or relinquishing authority. 170 IAC 7-6-2 Revising definition of “LEC” to refer to “communications service provider” definition in Indiana code. Revising definition of “provider of last resort” to reference pre-existing definition in Indiana code. 170 IAC 7-6-3 Clarifying the notice refers to a final notice Adding requirement to serve notice by email as well as existing requirement to serve by certified mail. Adding reference to confidentiality statute for convenience of reader Adds ability of the IURC to require a customer list for the LEC subject to disconnection. Clarifies the date is the date of the final disconnection notice, not the date shown on the disconnection notice for aid with possible confusion in (h). 170 IAC 7-6-6 Adding clarification that a LEC is required to furnish the notice required under IC 8-1-32.5-11 and IC 8-1-32.5-12. Removing relinquishment of service to align with other changes in rule. Correcting the name of the Office of Utility Consumer Counselor. 170 IAC 7-7-1 Minor simplifying language. Clarifying that disputes may arise under related federal administrative regulations as well as the federal Telecommunications Act. 170 IAC 7-7-2 Revising definition of “interconnection agreement” to remove a statement of generally available terms and conditions and to add mediation to the possible means of negotiating an agreement. Revising definition of “complainant” and “respondent” to add reference to local exchange carriers. 170 IAC 7-7-3 Correcting name of the IURC's communications division Simplifying grammar for readability 170 IAC 7-7-4 Clarifying that the complaint referenced is a complaint “under this rule.” 170 IAC 7-7-5 Removing “immediately” from time period in which a procedural schedule must be set. 170 IAC 7-7-6 Correcting grammar 170 IAC 7-7-7 Correcting “must” to “shall” 170 IAC 7-7-8 Correcting plural alignment, reducing 2 words to one for readability 170 IAC 7-7-9 Revising word choice 170 IAC 7-7-10 Reducing four words to one 170 IAC 7-7-11 Word choice revision per rule drafting manual 170 IAC 7-8-1 Revising grammar for readability 170 IAC 7-8-2 Reducing unnecessary words 170 IAC 7-8-3 Adding missing words to incomplete sentence 170 IAC 7-8-4 Allowing the commission to designate another cause number instead of the one listed in the rule. 170 IAC 7-8-5 Allowing the commission to designate another cause number instead of the one listed in the rule. 170 IAC 7-1.1-19 Repealed. 170 IAC 7-1.2-7 Repealed. 170 IAC 7-1.3-6 Repealed. 170 IAC 7-1.3-7 Repealed. 170 IAC 7-2.1 Repealed. 170 IAC 7-6-4 Repealed. 170 IAC 7-6-5 Repealed.

V. Benefit Analysis

The amendments in this rulemaking substantially reduce the administrative burden of these rules. Seven rule sections are removed, resulting in two rules being entirely repealed. The benefit of this is an overall reduction in the number of rules telecommunications companies will be subject to and need to review. In addition, the revisions substantially minimize the regulations that remain. These changes more closely align the regulations with the limited nature of the IURC jurisdiction where telecommunications are largely deregulated and subject to competition. Importantly, the existing rule regarding unauthorized switching and billing, as well as the truth-in-billing requirements are completely removed and replaced with incorporation of the federal regulations with which telecommunications companies already must comply. The effect is that those companies will only be subject to a single set of regulations-enforceable federally and in Indiana-instead of two different sets of regulations on the same subject.

VI. Cost Analysis

The costs of this rulemaking are likely minimal and are itemized in the table below. Topics to address include (as applicable): Citation Change Costs Benefits 170 IAC 7-1.2-1 Simplifying language in the applicability section. No additional costs imposed. Benefits to readability. 170 IAC 7-1.2-2 Removing definitions that are not used or needed, and re-numberings remaining definitions. Adding clarity to definition of “CTA”. Correcting the definition of “CMRS” to instead refer to “CMS” and properly incorporating the federal definition. Revising definition of “customer”. Revising definition of “facility” to include the plural and remove the transmission path from the definition for better precision. Revising definition of “ILEC” to incorporate the federal definition instead of duplicating it. Revising definition of “LEC” to correct the incorporation of the federal definition and to revise “CMRS” to “CMS”, as above. Removing unneeded incorporation footnote. The reworked definitions will not cause additional costs to regulated entities. The corrected and revised definitions should make the rule easier to understand and to read. 170 IAC 7-1.2-3 Correcting grammar throughout to conform to the rule drafting manual. Removes the requirement for an ETC to report unfulfilled service requests and complaints in previous (d). Correcting incorporation language in previous (e). Removing unneeded incorporation footnote. No additional costs imposed. The removal of the requirement of an ETC to report unfulfilled service requests will benefit the ETC as it will not have to comply with or file the report. It is unknown how many reports would be avoided. There are approximately 83 ETCs in Indiana. 170 IAC 7-1.2-4 170 IAC 7-1.2-4(1) removes the requirement for an ETC to report its current local exchange rates to the IURC. 170 IAC 7-1.2-4(2) revises the requirement to submit maps by requiring maps from an ILEC that is an ETC. Those entities must submit maps to the IURC and the maps must be consistent with study area boundary maps already submitted to the FCC. No additional costs imposed as requiring that the submitted maps should already be consistent with the study area boundary maps already submitted to the FCC. The removal of the requirement to report its current rates to the IURC is a benefit to all ETCs. There are approximately 83 ETCs in Indiana, and this will reduce the regulatory burden of filing rates for each of those ETCs. 170 IAC 7-1.2-9 Correcting incorporation language and removing unneeded citation. No additional costs imposed. Benefits to readability. 170 IAC 7-1.2-18 Grammatical change per rule drafting manual. No additional costs imposed. Benefits to readability. 170 IAC 7-1.3-1 Grammatical change per rule drafting manual. Clarifying that a CSP is included in the list of entities that may file a petition. No additional costs imposed. Benefits to readability. 170 IAC 7-1.3-2 Removing definitions no longer needed. Adding definition of “CMS”, “CSP”, and “Provider” for use in rule. No additional costs imposed. Reduces the overall number of definitions and makes the rules simpler overall. 170 IAC 7-1.3-5 Correcting reference to “CMRS” by replacing it with new definition of “CMS”. No additional costs imposed. Benefits to precision in the rule. 170 IAC 7-1.3-8.1 Removing previous language related to unauthorized switching and billing and replacing with the incorporation of the applicable federal regulations on the same subject. Incorporating the federal truth-in-billing regulations to replace the previous language in 170 IAC 7-1.3-6 No additional costs imposed as telecommunications providers already must comply with the federal regulations, and the Indiana requirements will now mirror the federal. This revision is a significant benefit to telecommunications providers as those providers will not have to comply with both state and federal regulations regarding unauthorized switching and billing. The companies already must comply with federal regulations, and Indiana will mirror those requirements and have independent enforcement authority. There are likely fewer than 5 complaints each year but the reduction in regulation that the companies would have to follow is substantial. 170 IAC 7-1.3-8.2 Replacing “shall” with “may” to provide discretion to the IURC to not impose a penalty depending on the evidence. No additional costs imposed. No quantitative benefits. 170 IAC 7-1.3-9 Removing all customer complaint procedures and instead referring to the existing procedures 170 IAC 16-1-5 and 16-1-5-6 to avoid duplication or unintended conflicts. No additional costs imposed as the complaint procedures in 170 IAC 16 are essentially the same as in the existing rule. Benefit to the IURC, attorneys that represent consumers before the IURC, and likely to the communication service providers as all complaint procedures at the IURC will be uniform. This change will avoid any unintended conflicts between the two procedures. 170 IAC 7-6-1 Adding precision to the rule's application by stating it is for retail end-user local exchange voice customers, regardless of whether the voice service is offered as a stand-alone service or as part of a bundle or package of services. Removes notice requirement for bankruptcy. Adds notice requirement for a LEC connected to another LEC that is relinquishing authority or ceasing operation. Adds notice requirement for LEC that purchases service for resale or unbundled network element from another LEC that is ceasing operations or relinquishing authority. Possible administrative costs for a LEC to provide notice if it interconnected with or purchased services from another LEC that is relinquishing authority or ceasing operations. These notices are not currently required. It is unknown how many such instances will occur in the future, if any, so costs are difficult to quantify. The benefit is the entity receiving service will receive notice of a disconnection and allow the LEC to notify its customers. The LEC receiving service can then take steps to ensure uninterrupted service for its customers. 170 IAC 7-6-2 Revising definition of “LEC” to refer to CSP definition in Indiana code. Revising definition of “provider of last resort” to reference pre-existing definition in Indiana code. No additional costs imposed. Streamlines rule and ensures definitions in Indiana Code and the administrative regulations match. 170 IAC 7-6-3 Clarifying the notice refers to a final notice Adding requirement to serve notice by email as well as existing requirement to serve by certified mail. Adding reference to confidentiality statute for convenience of reader Adds ability of the IURC to require a customer list for the LEC subject to disconnection. Clarifies the date is the date of the final disconnection notice, not the date shown on the disconnection notice for aid with possibly confusion in (h). Minimal and insignificant cost to provide service by email. Small costs if the IURC requests a customer list as the company will have to produce the company list. It is unknown whether the IURC will ever request a customer list. The benefit of receiving the customer list is that that the IURC can provide additional notice to the customers so they can be informed of a pending disconnection. This may allow the customers to seek alternative service. 170 IAC 7-6-6 Adding clarification that a LEC is required to furnish the notice required under IC 8-1-32.5-11 and IC 8-1-32.5-12. Removing relinquishment of service to align with other changes in rule. Correcting the name of the Office of Utility Consumer Counselor. No additional costs imposed. Provides better clarity as to existing requirements. 170 IAC 7-7-1 Minor simplifying language. Clarifying that disputes may arise under related federal administrative regulations as well as the federal Telecommunications Act. No additional costs imposed. Benefits to clarifying the rule. 170 IAC 7-7-2 Revising definition of interconnection agreement to remove a statement of generally available terms and conditions and to add mediation to the possible means of negotiating an agreement. No additional costs imposed. Adding mediation allows an additional avenue that was not specifically allowed in existing regulations. This is a possible benefit to companies that agree to mediate disputes. 170 IAC 7-7-3 Correcting name of the IURC's communications division Simplifying grammar for readability No additional costs imposed. Benefits to readability. 170 IAC 7-7-4 Clarifying that the complaint referenced is a complaint “under this rule.” No additional costs imposed. Benefits to readability. 170 IAC 7-7-5 Removing “immediately” from time period in which a procedural schedule must be set. No additional costs imposed. No quantifiable benefits. 170 IAC 7-7-6 Correcting grammar No additional costs imposed. Benefits to readability. 170 IAC 7-7-7 Correcting must to shall No additional costs imposed. No quantifiable benefits. 170 IAC 7-7-8 Correcting plural alignment, reducing 2 words to one for readability No additional costs imposed. Benefits to readability. 170 IAC 7-7-9 Revising word choice No additional costs imposed. Benefits to readability. 170 IAC 7-7-10 Reducing four words to one No additional costs imposed. Benefits to readability. 170 IAC 7-7-11 Word choice revision per rule drafting manual No additional costs imposed. Benefits to readability. 170 IAC 7-8-1 Revising grammar for readability No additional costs imposed. Benefits to readability. 170 IAC 7-8-2 Reducing unnecessary words No additional costs imposed. Benefits to readability. 170 IAC 7-8-3 Adding missing words to incomplete sentence No additional costs imposed. Benefits to readability. 170 IAC 7-8-4 Allowing the commission to designate another cause number instead of the one listed in the rule. No additional costs imposed. No quantitative benefits. 170 IAC 7-8-5 Allowing the commission to designate another cause number instead of the one listed in the rule. No additional costs imposed. No quantitative benefits. 170 IAC 7-1.1-19 Repealed. No additional costs imposed. Reduces regulatory burden by repealing duplicative rules. 170 IAC 7-1.2-7 Repealed. No additional costs imposed. Reduces regulatory burden by eliminating requirement to respond to certain inquiries from the IURC. 170 IAC 7-1.3-6 Repealed. No additional costs imposed. Reduces regulatory burden by eliminating state specific truth in billing requirement. 170 IAC 7-1.3-7 Repealed. No additional costs imposed. Reduces regulatory burden by eliminating requirements surrounding the timing of billing adjustments. 170 IAC 7-2.1 Repealed. No additional costs imposed. Reduces regulatory burden by eliminating accounting standards for deregulated Class A and B Telephone Companies, 170 IAC 7-6-4 Repealed. No additional costs imposed. Reduces regulatory burden by eliminating the requirement to provide notice of bankruptcy 170 IAC 7-6-5 Repealed. No additional costs imposed. Reduces regulatory burden by removing the notice requirements surrounding relinquishment of service.

VII. Sources of Information

The IURC estimated costs and benefits based on the IURC's staff's expertise.

IX. Contact Information of Staff to Answer Substantive Questions

Notice of First Public Comment Period: 20260729-IR-170260252FNA Notice of Determination Received: June 29, 2026