Section 8-1-34-22 - Terminated local franchise; rights, duties, and obligations owed to private persons; right of action; "private person"(a) A provider that elects to terminate a local franchise under section 21 of this chapter remains subject to the contractual rights, duties, and obligations incurred by the provider that are owed to any private person.(b) All liens, security interests, royalties, and other contracts, rights, and interests owed to a private person, shall: (1) continue in full force and effect without the need for renewal, extension, or continuance; and(2) be paid or performed by the provider after becoming a holder of a certificate under this chapter.(c) The commission shall condition the issuance or renewal of a certificate under this chapter on a provider's payment and performance of the rights, duties, and obligations described in this section. In applying for an initial certificate or a renewal certificate under this chapter, a provider shall agree to pay or perform the obligations described in this section, as required by section 16(b)(1)(D) of this chapter.(d) A private person that claims to be:(1) owed any rights, duties, or obligations by a holder under this section; and(2) aggrieved by a holder's alleged violation of this section; may bring an action in a court with jurisdiction to enforce the rights, duties, or obligations claimed to be owed to the person.
(e) As used in this section, "private person" does not include: (1) the unit that issued the terminated local franchise;(2) a political subdivision (as defined in IC 36-1-2-13 ) not described in subdivision (1); or(3) any official, agent, or employee of:(A) the unit that issued the terminated local franchise; or(B) a political subdivision described in subdivision (2); in the individual's official capacity.
As added by P.L. 27-2006, SEC.58. Amended by P.L. 183-2006, SEC.2.