Authority: IC 8-1

Affected: IC 8-1-2-58; IC 8-1-2-69

Sec. 3. (a) When a LEC serves a notice of disconnection upon another LEC, the notice of disconnection shall be served simultaneously upon the following:

1. (1) The communications division director of the commission via personal service or certified mail, return receipt requested.
2. (2) The LEC that is subject to disconnection via certified mail, return receipt requested.

(b) Five (5) business days after the notice from the disconnecting LEC is mailed, the LEC that is subject to disconnection must provide the communications division director of the commission, in writing, with one (1) of the following:

1. (1) Proof of payment.

2. (2) The LEC's customer list, including each customer's:

   1. (A) name;
   2. (B) address; and
   3. (C) telephone number.
3. Absent a showing to the contrary, the LEC's customer list shall be deemed confidential on a preliminary basis by the commission.

4. (3) A copy of a complaint, regarding:

   1. (A) reasonable grounds for nonpayment to the disconnecting LEC; or
   2. (B) the subject of the disconnection notice;
5. filed with the commission under 170 IAC 7-7.

(c) If the LEC subject to disconnection fails to provide the commission with:

1. (1) proof of payment under subsection (b)(1); or
2. (2) a copy of a complaint under subsection (b)(3);

the LEC subject to disconnection must mail notice of disconnection to its customers within ten (10) calendar days after the disconnection notice is sent from the disconnecting LEC.

(d) The LEC subject to disconnection must provide proof of mailing the customer disconnection notice to the commission.

(e) The LEC's notice of disconnection to its customers must include the following:

1. (1) A statement that the customer must contact the communications service provider of his or her choice for new service.
2. (2) The last date of guaranteed service by the LEC.

3. (3) The address and toll free number of the:

   1. (A) commission; and
   2. (B) utility consumer counselor.
4. (4) A statement notifying the customer that if the customer fails to choose a new communications service provider on or before the date of disconnection from the LEC, the customer will be without telephone service.

(f) If the LEC subject to disconnection fails to notify its customers or show proof of mailing disconnection notices as required by subsections (c) through (e), the commission may do one (1) or more of the following:

1. (1) Initiate an investigation or other procedure in accordance with:

   1. (A) IC 8-1-2-58;
   2. (B) IC 8-1-2-69; or
   3. (C) other related statutes.
2. (2) Request the disconnecting LEC to provide any customer identifying information it may have, which shall be treated as confidential on a preliminary basis by the commission.
3. (3) Initiate customer notification itself based on the information received in subsection (b)(2) and subdivision (2).

(g) A LEC may not disconnect another LEC until thirty (30) calendar days after the disconnection notice is sent under subsection (a).

(h) A LEC shall not be disconnected without adequate notice to its customers, either pursuant to the time frames in this rule or as otherwise determined by the commission.

(i) This rule shall not prohibit a LEC from rescinding its disconnection notice to customers after complying with subsections (c) through (e) if the LEC makes payment to the disconnecting LEC before its disconnection. The LEC shall notify the commission immediately if it has rescinded its customer disconnection notice.

(j) This rule shall not apply where the disconnecting LEC is without notice of either of the following:

1. (1) The provider being disconnected is reselling the retail services of the disconnecting LEC to third parties.
2. (2) The provider being disconnected is using the retail facilities of the disconnecting LEC to serve customers.

(Indiana Utility Regulatory Commission; 170 IAC 7-6-3; filed Nov 29, 1999, 1:57 p.m.: 23 IR 762; readopted filed Jun 29, 2005, 4:39 p.m.: 29 IR 144; filed Jan 30, 2007, 9:40 a.m.: 20070221-IR-170060045FRA; filed Oct 8, 2010, 10:35 a.m.: 20101103-IR-170090478FRA; readopted filed Aug 2, 2013, 2:16 p.m.: 20130828-IR-170130227RFA; readopted filed Jul 12, 2016, 10:01 a.m.: 20160810-IR-170160168RFA; readopted filed Jul 12, 2022, 12:18 p.m.: 20220810-IR- 170220116RFA)