1. (a) This section applies in a unit or an unincorporated area of Indiana that:

   1. (1) is included in the service area of a holder of a certificate issued under this chapter; and
   2. (2) does not require a provider described in section 21(a) of this chapter to provide PEG channel capacity, facilities, or financial support under a local franchise issued before July 1, 2006.
2. (b) As used in this section, "PEG channel" has the meaning set forth in section 25(b) of this chapter.

3. (c) As a condition of issuing or renewing a certificate to a holder under this chapter, and upon:

   1. (1) the petition of a unit or an unincorporated area included in the holder's service area under the certificate; or

   2. (2) the commission's own motion;

      the commission may require the holder to provide PEG channel capacity, facilities, or financial support to one (1) or more units or unincorporated areas in the holder's service area under the certificate.

4. (d) As allowed by 47 U.S.C. 531, the commission may do the following in exercising its authority under this section:

   1. (1) Adopt rules and procedures for the designation or use of PEG channel capacity in each unit or unincorporated area in which the requirements apply.

   2. (2) Enforce any requirement concerning the provision or use of PEG channel capacity. The commission's enforcement authority under this subdivision includes the authority to enforce any provision that:

      1. (A) is proposed by the holder and incorporated in the holder's certificate; and

      2. (B) concerns services, facilities, or equipment related to PEG channel capacity;

         regardless of whether the provision is required in rules or procedures adopted by the commission under subdivision (1).

   3. (3) If PEG channel capacity is designated under the certificate, prescribe rules and procedures:

      1. (A) under which the holder is permitted to use the designated channel capacity to provide other services, if the channel capacity is not being used in the unit or unincorporated area for the designated purposes; and
      2. (B) that set forth the conditions under which the holder must cease any use permitted under clause (A).

As added by P.L.27-2006, SEC.58.