170 IAC 7-1.3-1 Purpose and scope

Sec. 1. (a) This rule applies to any CSP that is now, or may hereafter be, engaged in the business of rendering communications services to the public under the jurisdiction of the commission. (b) No CSP shall discriminate against or penalize a customer for exercising any right granted by this rule. (c) Any CSP subject to the customer service rights and responsibilities set forth in this rule that fails to meet the standards shall be subject to all legal remedies provided by law. Upon complaint or its own motion and after notice and a hearing, the commission may order lawful enforcement mechanisms against a carrier that fails to meet the requirements or standards established in this rule. Nothing in this rule shall prevent the commission from exercising any authority it may have under applicable law to enforce this rule in the event any CSP fails to comply. (d) The adoption of this rule shall in no way preclude the commission, upon complaint by a customer, upon its own motion, or upon the petition of any utility or the office of the utility consumer counselor, after notice and hearing, from taking any of the following actions: (1) Altering or amending this rule in whole or in part. (2) Making such modifications with respect to the application of this rule as may be found necessary to meet exceptional conditions. (3) At its sole discretion, grant, in whole or in part, permanent or temporary waivers from this rule on an expedited basis. (e) The adoption of this rule shall not in any way relieve any CSP from any of its duties under the laws of this state. (f) If any provision of this rule is determined by competent authority to be prohibited or unenforceable, the provision shall be ineffective to the extent of the prohibition or unenforceability without invalidating the remaining provisions hereof.