170 IAC 7-1.3-2 Definitions

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.