20120808-IR-011110583FRA Amends 11 IAC 1-1-1 concerning the applicability of definitions. Amends 11 IAC 1-1-3 concerning the definition of "division". Amends 11 IAC 1-1-5 concerning the definition of "person". Amends 11 IAC ...

TITLE 11 CONSUMER PROTECTION DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL

Final Rule LSA Document #11-583(F)

DIGEST

Amends 11 IAC 1-1-1 concerning the applicability of definitions. Amends 11 IAC 1-1-3 concerning the definition of "division". Amends 11 IAC 1-1-5 concerning the definition of "person". Amends 11 IAC 1-1-6 concerning the definition of "residential telephone number". Amends 11 IAC 1-1-7 concerning the definition of "residential telephone subscriber". Amends 11 IAC 1-1-8 concerning the definition of "telephone privacy list". Adds 11 IAC 1-1-4.5 concerning the definition of "Indiana identification number" and 11 IAC 1-1-4.7 concerning the definition of "interconnected VOIP service". Effective 30 days after filing with the Publisher.

11 IAC 1-1-1; 11 IAC 1-1-3; 11 IAC 1-1-4.5; 11 IAC 1-1-4.7; 11 IAC 1-1-5; 11 IAC 1-1-6; 11 IAC 1-1-7; 11 IAC 1-1-8

SECTION 1. 11 IAC 1-1-1 IS AMENDED TO READ AS FOLLOWS:

11 IAC 1-1-1 Applicability

Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7-2

Sec. 1. The definitions set forth at IC 24-4.7-2, as supplemented in this rule, apply throughout this title. article and 11 IAC 2.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-1-1; filed Jan 18, 2002, 5:00 p.m.: 25 IR 1854; readopted filed Jun 9, 2008, 11:27 a.m.: 20080702-IR-011080326RFA; filed Jul 9, 2012, 2:56 p.m.: 20120808-IR-011110583FRA)

SECTION 2. 11 IAC 1-1-3 IS AMENDED TO READ AS FOLLOWS:

11 IAC 1-1-3 "Division" defined

Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7-2-4

Sec. 3. As used in this title, article and 11 IAC 2, "division" refers to the consumer protection division of the office of the attorney general.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-1-3; filed Jan 18, 2002, 5:00 p.m.: 25 IR 1854; readopted filed Jun 9, 2008, 11:27 a.m.: 20080702-IR-011080326RFA; filed Jul 9, 2012, 2:56 p.m.: 20120808-IR-011110583FRA)

SECTION 3. 11 IAC 1-1-4.5 IS ADDED TO READ AS FOLLOWS:

11 IAC 1-1-4.5 "Indiana identification number" defined

Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7

Sec. 4.5. As used in this article, 11 IAC 2, and IC 24-4.7, "Indiana identification number" means a number that is:

(1) assigned to, or issued or used in connection with, telecommunications service provided to a consumer; and

(2) associated with an Indiana account by the provider of the telecommunications service.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-1-4.5; filed Jul 9, 2012, 2:56 p.m.: 20120808-IR-011110583FRA)

SECTION 4. 11 IAC 1-1-4.7 IS ADDED TO READ AS FOLLOWS:

11 IAC 1-1-4.7 "Interconnected VOIP service" defined

Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7

Sec. 4.7. As used in this article and 11 IAC 2, and for the purposes of IC 24-4.7, "interconnected VOIP service" means a service that:

(1) enables real-time, two-way voice communications;

(2) requires a broadband connection from the user's location;

(3) requires Internet protocol-compatible customer premises equipment (CPE); and

(4) permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-1-4.7; filed Jul 9, 2012, 2:56 p.m.: 20120808-IR-011110583FRA)

SECTION 5. 11 IAC 1-1-5 IS AMENDED TO READ AS FOLLOWS:

11 IAC 1-1-5 "Person" defined

Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7

Sec. 5. As used in this title, article and 11 IAC 2, and for the purposes of IC 24-4.7, "person" means any of the following:

(1) An individual.

(2) An incorporated or unincorporated organization.

(3) An association. or

(4) Any other legal entity.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-1-5; filed Jan 18, 2002, 5:00 p.m.: 25 IR 1855; readopted filed Jun 9, 2008, 11:27 a.m.: 20080702-IR-011080326RFA; filed Jul 9, 2012, 2:56 p.m.: 20120808-IR-011110583FRA)

SECTION 6. 11 IAC 1-1-6 IS AMENDED TO READ AS FOLLOWS:

11 IAC 1-1-6 "Residential telephone number" defined

Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7

Sec. 6. As used in this title article and 11 IAC 2, and for the purposes of IC 24-4.7, "residential telephone number" means a landline, wireless, prepaid wireless, or interconnected VOIP service telephone number held or used by a residential telephone subscriber. that terminates at that subscriber's place of residence.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-1-6; filed Jan 18, 2002, 5:00 p.m.: 25 IR 1855; readopted filed Jun 9, 2008, 11:27 a.m.: 20080702-IR-011080326RFA; filed Jul 9, 2012, 2:56 p.m.: 20120808-IR-011110583FRA)

SECTION 7. 11 IAC 1-1-7 IS AMENDED TO READ AS FOLLOWS:

11 IAC 1-1-7 "Residential telephone subscriber" defined

Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7-2-2

Sec. 7. As used in this title article and 11 IAC 2, and for the purposes of IC 24-4.7, "residential telephone subscriber" means an individual who:

(1) who has subscribed subscribes to telephone service terminating at that individual's residence, or the individual's spouse; or

(2) for whose use another person subscribes to telephone service terminating at the individual's place of residence. associated with the individual's residential address, including:

(A) landline;

(B) wireless; or

(C) interconnected VOIP service; or

(2) is a user or purchaser of prepaid wireless calling service described in IC 24-4.7-2-2(b).

The term includes the individual's spouse.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-1-7; filed Jan 18, 2002, 5:00 p.m.: 25 IR 1855; readopted filed Jun 9, 2008, 11:27 a.m.: 20080702-IR-011080326RFA; filed Jul 9, 2012, 2:56 p.m.: 20120808-IR-011110583FRA)

SECTION 8. 11 IAC 1-1-8 IS AMENDED TO READ AS FOLLOWS:

11 IAC 1-1-8 "Telephone privacy list" defined

Authority: IC 4-6-9-8; IC 24-4.7-3-7

Affected: IC 24-4.7-3

Sec. 8. As used in this title, article and 11 IAC 2, "telephone privacy list" refers to the no telephone sales solicitation listing published by the division under IC 24-4.7-3.

(Consumer Protection Division of the Office of the Attorney General; 11 IAC 1-1-8; filed Jan 18, 2002, 5:00 p.m.: 25 IR 1855; readopted filed Jun 9, 2008, 11:27 a.m.: 20080702-IR-011080326RFA; filed Jul 9, 2012, 2:56 p.m.: 20120808-IR-011110583FRA)

LSA Document #11-583(F)

Notice of Intent: 20111005-IR-011110583NIA

Proposed Rule: 20111123-IR-011110583PRA

Hearing Held: January 11, 2012

Approved by Attorney General: June 22, 2012

Approved by Governor: July 9, 2012

Filed with Publisher: July 9, 2012, 2:56 p.m.

Documents Incorporated by Reference: None Received by Publisher

Small Business Regulatory Coordinator: Marguerite M. Sweeney, Deputy Attorney General, Office of the Attorney General, Indiana Government Center South, 302 West Washington Street, Fifth Floor, Indianapolis, IN 46204, [phone], [e-mail]

Posted: 08/08/2012 by Legislative Services Agency

DIN: 20120808-IR-011110583FRA

Composed: Nov 01,2016 1:26:45AM EDT

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