170 IAC 7-1.3-2 - Definitions
Authority: IC 8-1-1-3
Affected: IC 8-1-2-1; IC 8-1.5-1-10
Sec. 2.
The following definitions apply throughout this rule:
(1) "Business days" means all days other than
a:
(A) Saturday;
(B) Sunday;
(C) legal holiday as defined by statute;
or
(D) day that the utility (or
service provider) office is closed during regular business hours.
(2) "Clear and conspicuous
notification" means notice that would be apparent to a reasonable
consumer.
(3) "Commercial mobile
radio services" or "CMRS" has the meaning set forth in
47
CFR 20.3.
(4) "Commission" means the Indiana utility
regulatory commission.
(5)
"Customer" means the following:
(A) Any person
that requests and obtains telephone service and is responsible for the payment
of charges and compliance with rules of the utility.
(B) Any business or institutional entity,
whether an individual, partnership, corporation, association, or other business
or institutional form that:
(i) does or will
operate with four (4) or fewer single access lines;
(ii) requests and obtains telephone service
for occupational, professional, or institutional purposes; and
(iii) is responsible for the payment of
charges and compliance with rules of the utility.
(C) Any customer whose service has been
temporarily disconnected shall continue to be a customer for purposes of this
rule until such time as:
(i) service is
permanently disconnected; and
(ii)
the customer must reapply for new service.
(6) "Electronic letter of agency" or "ELOA"
means an electronically signed written statement that:
(A) authorizes a change to the customer's PIC
or PLEC; and
(B) includes the
consumer disclosures required by Section 101(c) of the Electronic Signatures in
Global and National Commerce Act,
15 U.S.C.
7001(c).
(7) "Express authorization" means
an express, affirmative act by the customer clearly agreeing to the change in
PIC or LEC in the form of:
(A) a written
authorization;
(B) a
customer-initiated call to the prospective IXC or LEC;
(C) an oral authorization verified and
recorded by an independent third party;
(D) a recorded electronic
authorization;
(E) some other form
of recorded authorization, such as personal identification numbers (PINs) or
passwords; or
(F) an electronic
authorization.
(8)
"Incumbent local exchange carrier" or "ILEC" means a local service telephone
utility that provides telephone service to customers in the geographic
territory served by the local exchange and that:
(A) on February 8, 1996, provided telephone
exchange service in the area and was deemed to be a member of the exchange
carrier association under
47 CFR
69.601(b); or
(B) is a person or entity that on or after
February 8, 1996, became a successor or assignee of a member described in
clause (A).
(9)
"Interexchange carrier" or "IXC" means a telecommunications service provider
that is authorized to provide long distance telephone service in or between
LATAs.
(10) "Letter of agency" or
"LOA" means a written statement that the customer signs that authorizes a
change to that customer's PIC or PLEC.
(11) "Local access transport area" or "LATA"
has the meaning set forth in
47
U.S.C. 153(25).
(12) "Local exchange carrier" or "LEC" means
a local serving telephone utility that provides telephone service to customers
in the geographic territory served by the local exchange, and excluding those
services provided pursuant to a CTA issued for a radio common carrier or
CMRS.
(13) "Local exchange service"
means the provision to a customer of an access line or equivalent that
transmits two-way interactive switched voice or communication within a local
calling area.
(14) "Long distance
telecommunications service" means service that carries calls to exchanges that
are not within the local calling area of the originating number.
(15) "New service provider" means a service
provider that did not bill the customer for service during the service
provider's last billing cycle. The term includes only providers that have
continuing relationships with the customer that will result in periodic charges
on the customer's bill unless the service is subsequently canceled.
(16) "Primary interexchange carrier" or "PIC"
means a provider of presubscribed inter-LATA or intra-LATA long distance
telecommunications services. The term includes the following:
(A) Presubscribed facilities-based carriers
of long distance service.
(B)
Resellers of long distance service.
(C) LECs providing long distance service.
In those local exchanges where intra-LATA equal access is available, customers may receive presubscribed long distance service from more than one (1) PIC (one (1) for inter-LATA and one (1) for intra-LATA toll) or may select a single PIC that provides both inter-LATA and intra-LATA toll service.
(17)
"Primary local exchange carrier" or "PLEC" means a carrier to which a customer
has presubscribed for local exchange service.
(18) "Properly disputed" means the filing of
a complaint, either verbally or in writing, with the commission.
(19) "Telemarketing" means the use of
telecommunications in marketing campaigns to reach prospective purchasers and
sell them goods or services.
(20)
"Temporary disconnection" means a disconnection that has not yet resulted in
the customer's account being permanently removed from the telephone provider's
network.
(21) "Utility" means any
public utility (as defined in IC
8-1-2-1) or municipal utility (as
defined in IC
8-1.5-1-10) that furnishes
telecommunications service to the public under the jurisdiction of the
commission.
Notes
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