Indiana § 8-1-32-12 - Commission's jurisdiction not reduced or superseded

Full text of Indiana Indiana Code § 8-1-32-12 — Commission's jurisdiction not reduced or superseded, with citation guidance and answers to common questions.

§ 8-1-32-12. Commission's jurisdiction not reduced or superseded

Sec. 12. This chapter does not reduce or supersede the commission's jurisdiction under IC 8-1-2-86 and IC 8-1.5-6.

As added by P.L.94-2000, SEC.2. Amended by P.L.213-2014, SEC.6.

IC 8-1-32.3Chapter 32.3. Permits for Wireless Service Providers

8-1-32.3-1"Antenna" 8-1-32.3-2"Base station" 8-1-32.3-3"Business day" 8-1-32.3-4"Collocation" 8-1-32.3-4.2"Communications service provider" 8-1-32.3-5"Electrical transmission tower" 8-1-32.3-6"Equipment compound" 8-1-32.3-7"Existing structure" 8-1-32.3-7.5"Micro wireless facility" 8-1-32.3-8"Permit authority" 8-1-32.3-9"Small cell facility" 8-1-32.3-10"Small cell network" 8-1-32.3-11"Substantial modification of a wireless support structure" 8-1-32.3-12"Utility pole" 8-1-32.3-12.5"Wireless communications service" 8-1-32.3-13"Wireless facility" 8-1-32.3-14"Wireless support structure" 8-1-32.3-15Permits; exemptions; areas designated for underground or buried utilities; notice of permit applications; neighborhood specific guidelines; historic preservation districts and areas; identification of owner of small cell facility and supporting structure; areas designated for underground or buried utilities after April 14, 2017, and before May 2, 2017 8-1-32.3-16Application fees; prohibited unless required for similar types of development; limitations 8-1-32.3-17Discrimination among providers or utilities prohibited; limits on fall zone requirements; maximum height restrictions or minimum separation distance requirements prohibited 8-1-32.3-18Zoning, land use, planning, and permitting authority not affected; land use laws and ordinances apply 8-1-32.3-19Eligible applicants; application requirements 8-1-32.3-20Application to construct new wireless support structure; requirements; review for completeness; notification of approval or denial; additional time for review 8-1-32.3-21Application for substantial modification of wireless support structure; requirements; review for completeness; notification of approval or denial; additional time for review 8-1-32.3-22Application for collocation; requirements; conformance with building permit requirements; consolidated application; review for completeness; notification of approval or denial; additional time for review 8-1-32.3-23Written notice of approval or denial; basis for decision; application considered approved upon authority's failure to act 8-1-32.3-24Guidelines to protect confidential or proprietary information 8-1-32.3-25Utility poles and electrical transmission towers; requirements and regulations prohibited 8-1-32.3-26Small cell facilities; exemption for placement in right-of-way; small cell networks; application fees; permit authority's proposed alternative location; procedures and time for review; prohibited acts by permit authority; safety regulations for use of public right-of-way; utility poles owned or controlled by governmental unit 8-1-32.3-27Collocation on privately owned utility poles, wireless support structures, or property; owner's consent; utility poles and wireless support structures owned, controlled, or operated by public utility

IC 8-1-32.3-1"Antenna" Sec. 1. As used in this chapter, "antenna" means any communications equipment that transmits or receives electromagnetic radio signals used in the provision of wireless communications service.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-2"Base station" Sec. 2. As used in this chapter, "base station" means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers, antennas, coaxial cables, power supplies, and other electronics associated with a station.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-3"Business day" Sec. 3. As used in this chapter, "business day" means a day other than a Saturday, a Sunday, or a legal holiday (as defined in IC 1-1-9-1).

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-4"Collocation" Sec. 4. As used in this chapter, "collocation" means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. The term includes the placement, replacement, or modification of wireless facilities within an approved equipment compound.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-4.2"Communications service provider" Sec. 4.2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-2.6-13.

As added by P.L.261-2017, SEC.1.

IC 8-1-32.3-5"Electrical transmission tower" Sec. 5. As used in this chapter, "electrical transmission tower" means a structure that physically supports high voltage overhead power lines. The term does not include a utility pole.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-6"Equipment compound" Sec. 6. As used in this chapter, "equipment compound" means the area that:

(1) surrounds or is near the base of a wireless support structure; and

(2) encloses wireless facilities.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-7"Existing structure" Sec. 7. As used in this chapter, "existing structure" does not include a utility pole or an electrical transmission tower.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-7.5"Micro wireless facility" Sec. 7.5. As used in this chapter, "micro wireless facility" means a small cell facility to which both of the following apply:

(1) The small cell facility is not larger in dimension than:

(A) twenty-four (24) inches in length;

(B) fifteen (15) inches in width; and

(2) If the small cell facility has an exterior antenna, the exterior antenna is not longer than eleven (11) inches.

As added by P.L.261-2017, SEC.2.

IC 8-1-32.3-8"Permit authority" Sec. 8. As used in this chapter, "permit authority" means a unit, a board, a commission, or any other governing body that makes legislative or administrative decisions concerning the construction, installation, modification, or siting of wireless facilities or wireless support structures. The term does not include:

(1) the Indiana department of transportation;

(2) the Indiana finance authority;

(3) the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities;

(4) the director of the department of natural resources; or

(5) a court or other judicial body that reviews decisions or rulings made by a permit authority.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-9"Small cell facility" Sec. 9. (a) As used in this chapter, "small cell facility" means:

(1) a personal wireless service facility (as defined by the Federal Telecommunications Act of 1996 as in effect on July 1, 2015); or

(2) a wireless facility that satisfies the following requirements:

(A) Each antenna, including exposed elements, has a volume of six (6) cubic feet or less.

(B) The primary equipment enclosure located with the facility has a volume of twenty-eight (28) cubic feet or less.

(b) For purposes of subsection (a)(2)(B), the volume of the primary equipment enclosure does not include the following equipment that is located outside the primary equipment enclosure:

(1) Electric meters.

(2) Concealment equipment.

(3) Telecommunications demarcation boxes.

(4) Ground based enclosures.

(5) Back up power systems.

(6) Grounding equipment.

(7) Power transfer switches.

(8) Cut off switches.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.3.

IC 8-1-32.3-10"Small cell network" Sec. 10. As used in this chapter, "small cell network" means a collection of interrelated small cell facilities designed to deliver wireless service.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-11"Substantial modification of a wireless support structure" Sec. 11. (a) As used in this chapter, "substantial modification of a wireless support structure" means the mounting of a wireless facility on a wireless support structure in a manner that:

(1) increases the height of the wireless support structure by the greater of:

(A) ten percent (10%) of the original height of the wireless support structure; or

(B) twenty (20) feet;

(2) adds an appurtenance to the wireless support structure that protrudes horizontally from the wireless support structure more than the greater of:

(A) twenty (20) feet; or

(B) the width of the wireless support structure at the location of the appurtenance; or

(3) increases the square footage of the equipment compound in which the wireless facility is located by more than two thousand five hundred (2,500) square feet.

(b) The term does not include the following:

(1) Increasing the height of a wireless support structure to avoid interfering with an existing antenna.

(2) Increasing the diameter or area of a wireless support structure to:

(A) shelter an antenna from inclement weather; or

(B) connect an antenna to the wireless support structure by cable.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-12"Utility pole" Sec. 12. As used in this chapter, "utility pole" means a structure that is:

(1) owned or operated by:

(A) a public utility;

(B) a communications service provider;

(D) an electric membership corporation; or

(E) a rural electric cooperative; and

(2) designed or used to:

(A) carry lines, cables, or wires for telephony, cable television, or electricity;

(B) provide lighting;

(D) provide signage.

The term does not include a wireless support structure or an electrical transmission tower.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.4.

IC 8-1-32.3-12.5"Wireless communications service" Sec. 12.5. As used in this chapter, "wireless communications service" means services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum.

As added by P.L.261-2017, SEC.5.

IC 8-1-32.3-13"Wireless facility" Sec. 13. As used in this chapter, "wireless facility" means the set of equipment and network components that are:

(1) owned and operated by a communications service provider; and

(2) necessary to provide wireless communications service.

The term does not include a wireless support structure.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.6.

IC 8-1-32.3-14"Wireless support structure" Sec. 14. (a) As used in this chapter, "wireless support structure" means a freestanding structure that is:

(1) designed to support; or

(2) capable of supporting;

wireless facilities.

(b) The term does not include a utility pole or an electrical transmission tower.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.7.

IC 8-1-32.3-15Permits; exemptions; areas designated for underground or buried utilities; notice of permit applications; neighborhood specific guidelines; historic preservation districts and areas; identification of owner of small cell facility and supporting structure; areas designated for underground or buried utilities after April 14, 2017, and before May 2, 2017 Sec. 15. (a) This chapter applies to permits issued by a permit authority to a communications service provider, under local law and consistent with IC 36-7, for the following:

(1) Construction of a new wireless support structure.

(2) Substantial modification of a wireless support structure.

(3) Collocation of wireless facilities on an existing structure.

(4) Construction, placement, and use of small cell facilities.

(b) A permit authority may not require an application or a permit for, or charge fees for, any of the following:

(1) The routine maintenance of wireless facilities.

(2) The replacement of wireless facilities with wireless facilities that are:

(A) substantially similar to; or

(B) the same size or smaller than;

the wireless facilities being replaced.

(3) The installation, placement, maintenance, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by a communications service provider that is authorized to use the public rights-of-way. For purposes of this subdivision, "applicable codes" means uniform building, fire, electrical, plumbing, or mechanical codes that are:

(A) adopted by a recognized national code organization; and

(B) enacted solely to address imminent threats of destruction of property or injury to persons;

including any local amendments to those codes.

(c) With respect to the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority may prohibit the placement of a new utility pole or a new wireless support structure in a right-of-way within an area that is designated strictly for underground or buried utilities, if all of the following apply:

(1) The area is designated strictly for underground or buried utilities before May 1, 2017.

(2) No above ground:

(A) wireless support structure;

(B) utility pole; or

other than light poles or small cell facilities approved as part of a waiver process described in subdivision (3)(C), exists in the area.

(3) The permit authority does all of the following:

(A) Allows the collocation of small cell facilities on existing:

(i) utility poles;

(ii) light poles; and

(iii) wireless support structures;

as a permitted use within the area.

(B) Allows the replacement or improvement of existing:

(i) utility poles;

(ii) light poles; and

(iii) wireless support structures;

as a permitted use within the area.

(i) a waiver;

(ii) a zoning process; or

(iii) another procedure;

that addresses requests to install new utility poles or new wireless support structures within the area.

(D) Upon receipt of an application for the construction, placement, or use of a small cell facility on one (1) or more new utility poles or one (1) or more new wireless support structures in an area that is designated strictly for underground or buried utilities, posts notice of the application on the permit authority's website, if the permit authority maintains a website. The notice of the application required by this clause must include a statement indicating that the application is available to the public upon request.

(4) The prohibition or other restrictions with respect to the placement of new utility poles or new wireless support structures within the area are applied in a nondiscriminatory manner.

(5) The area is zoned strictly for residential land use before May 1, 2017.

(d) With respect to applications for the placement of one (1) or more small cell facilities in an area that is zoned strictly for residential land use, and that is designated strictly for underground or buried utilities, a permit authority shall allow a neighborhood association or a homeowners association to register with the permit authority to:

(1) receive notice; and

(2) request that homeowners within the jurisdiction of the neighborhood association or homeowners association receive notice;

by United States mail or by electronic mail of any application filed with the permit authority for a permitted use described in subsection (c)(3)(A) or (c)(3)(B) or for the construction, placement, or use of a small cell facility on one (1) or more new utility poles or one (1) or more new wireless support structures in an area that is designated strictly for underground or buried utilities and that is within the jurisdiction of the neighborhood association or homeowners association. If the permit authority maintains a website, the permit authority shall post on the permit authority's website instructions for how a neighborhood association or homeowners association may register to receive notice under this subsection. A permit authority that receives a request under subdivision (2) may agree to provide notice to homeowners regarding a project for which applications described in this subsection have been filed with the permit authority, but not provide notice to homeowners regarding each permit application filed with the permit authority with respect to the project. A permit authority that receives a request under subdivision (2) may agree to provide notice only to certain homeowners. A permit authority may require a neighborhood association, homeowners association, or homeowner to pay the cost of postage associated with the mailed provision of notice to the neighborhood association, homeowners association, or homeowner under this subsection. A permit authority that chooses to provide mailed notice under this subsection at its own cost may choose to pass those costs along to a permit applicant. Any mailing costs passed through to an applicant under this subsection are not in addition to the application fee, and shall not increase the application fee beyond the limit set forth in section 26(a)(3) of this chapter. A permit authority may not pass through to an applicant any costs for notices provided electronically.

(e) This subsection does not apply to an application for a permitted use described in subsection (c)(3)(A) or (c)(3)(B). With respect to an area that is designated strictly for underground or buried utilities in accordance with subsection (c), to establish the standards that will apply in a waiver, zoning process, or other procedure described in subsection (c)(3)(C), a permit authority may collaborate with a neighborhood association or a homeowners association on the preferred location and reasonable aesthetics of new utility poles or new wireless support structures added within the jurisdiction of the neighborhood association or homeowners association. For purposes of this subsection, a permit authority is considered to have collaborated with a neighborhood association or a homeowners association if the permit authority adopts neighborhood specific guidelines after providing notice and allowing public comment on the proposed guidelines. A permit authority must comply with any guidelines adopted under this subsection with respect to a particular application for a permit if:

(1) the guidelines have been adopted and published before the filing of the application in a manner consistent with this subsection;

(2) subject to subsection (f), compliance with the guidelines is technically feasible and cost-efficient, as determined by the applicant; and

(3) compliance with the guidelines does not result in a prohibition of the applicant's service or an effective prohibition of the applicant's service.

A permit authority that elects not to collaborate with a neighborhood association or a homeowners association to adopt neighborhood specific guidelines under this subsection is not precluded from using the waiver, zoning process, or other procedure described in subsection (c)(3)(C) with respect to any application to place one (1) or more new utility poles or new wireless support structures within the jurisdiction of the neighborhood association or homeowners association.

(f) In demonstrating that compliance with guidelines adopted by a permit authority under subsection (e) is not technically feasible under subsection (e)(2), a permit applicant may not be required to submit information about the need for a small cell facility or the associated wireless support structure, including:

(1) information about additional wireless coverage or capacity, or increased wireless speeds;

(2) propagation maps or telecommunications traffic studies; or

(3) information about the permit applicant's business decisions with respect to:

(A) service;

(B) customer demand; or

to or from a particular area or site.

(g) Subject to section 26(b) of this chapter, with respect to the construction, placement, or use of a small cell facility and the associated supporting structure within an area:

(1) designated as a historic preservation district under IC 36-7-11;

(2) designated as a historic preservation area under IC 36-7-11.1; or

(3) that is subject to the jurisdiction of the Meridian Street preservation commission under IC 36-7-11.2;

a permit authority may apply any generally applicable procedures that require applicants to obtain a certificate of appropriateness.

(h) An applicant for the placement of a small cell facility and an associated supporting structure shall comply with applicable:

(1) Federal Communications Commission requirements; and

(2) industry standards;

for identifying the owner's name and contact information.

(i) A resolution, ordinance, or other regulation:

(1) adopted by a permit authority after April 14, 2017, and before May 2, 2017; and

(2) that designates an area within the jurisdiction of the permit authority as strictly for underground or buried utilities;

applies only to communications service providers and those geographic areas that are zoned residential and where all existing utility infrastructure is already buried.

(j) Nothing in this section extends the time periods set forth in section 20 of this chapter.

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.8; P.L.23-2018, SEC.1; P.L.177-2021, SEC.6; P.L.9-2022, SEC.14; P.L.1-2025, SEC.122.

IC 8-1-32.3-16Application fees; prohibited unless required for similar types of development; limitations Sec. 16. (a) A permit authority may not require an applicant to pay a fee associated with the submission, review, processing, or approval of an application for a permit unless the permit authority requires payment of the same or a similar fee for applications for permits for similar types of commercial development within the jurisdiction of the permit authority.

(b) A fee associated with the submission, review, processing, or approval of an application for a permit, including a fee imposed by a third party that provides review, technical, or consulting assistance to a permit authority, must be based on actual, direct, and reasonable costs incurred for the review, processing, and approval of the application.

(1) travel expenses incurred by a third party in its review of an application; or

(2) direct payment or reimbursement of third party fees charged on a contingency basis.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-17Discrimination among providers or utilities prohibited; limits on fall zone requirements; maximum height restrictions or minimum separation distance requirements prohibited Sec. 17. (a) A permit authority may not discriminate among communications service providers or public utilities with respect to the following:

(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for construction of wireless or wireline communications facilities.

(2) Authorizing or approving tax incentives for wireless or wireline communications facilities.

(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the permit authority.

(b) A permit authority may not impose a fall zone requirement that:

(1) applies to a wireless support structure; and

(2) is larger than the area within which the wireless support structure is designed to collapse, as set forth in the applicant's engineering certification for the wireless support structure.

However, a permit authority may impose a fall zone requirement that is larger than the area described in subdivision (2) if the permit authority provides evidence that the applicant's engineering certification is flawed. The permit authority's evidence must include a study performed and certified by a professional engineer.

(c) Except as described in section 26(a) of this chapter with respect to small cell facilities, and subject to the restrictions under 14 CFR Part 77, 47 CFR Part 17, and IC 8-21-10, a permit authority may not impose:

(1) a restriction on the maximum height of a wireless support structure; or

(2) a requirement regarding minimum separation distances between wireless support structures.

As added by P.L.145-2015, SEC.3. Amended by P.L.177-2021, SEC.7.

IC 8-1-32.3-18Zoning, land use, planning, and permitting authority not affected; land use laws and ordinances apply Sec. 18. This chapter does not:

(1) affect the ability of a permit authority to exercise zoning, land use, planning, or permitting authority otherwise allowed under law, including IC 36-7, with respect to the siting of new wireless support structures; or

(2) exempt an applicant from complying with applicable laws and ordinances concerning land use.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-19Eligible applicants; application requirements Sec. 19. (a) The following may apply for a permit under this chapter on a form and in the manner prescribed by the appropriate permit authority:

(1) A person that provides wireless communications service.

(2) A person that owns or otherwise makes available infrastructure required for wireless communications service.

(b) An application for a permit must include the following:

(1) The name, business address, and point of contact for the applicant.

(2) The location of the proposed or affected wireless support structure or wireless facility.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-20Application to construct new wireless support structure; requirements; review for completeness; notification of approval or denial; additional time for review Sec. 20. (a) An application for a permit to construct a new wireless support structure must include only the following:

(1) All information required by section 19 of this chapter.

(2) A construction plan that describes the proposed wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.

(3) Evidence supporting the choice of location for the proposed wireless support structure, including a sworn statement from the individual responsible for the choice of location demonstrating that collocation of wireless facilities on an existing wireless support structure was not a viable option because collocation:

(A) would not result in the same wireless service functionality, coverage, and capacity;

(B) is technically infeasible; or

(4) If an applicable zoning ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed wireless support structure in accordance with IC 36-7-4-918.2, evidence showing that the application complies with the criteria set forth in the ordinance with respect to the special exception, special use, contingent use, or conditional use.

(5) If the proposed wireless support structure is not a permitted use under an applicable zoning ordinance, evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance in accordance with IC 36-7-4-918.4.

A permit authority may not require an applicant to submit information about, and may not evaluate an applicant's business decisions with respect to, the applicant's designed service, customer demand, service quality, or desired signal strength to a particular location.

(b) An application that contains the information required under subsection (a) is considered complete.

(c) A permit authority shall review an application within ten (10) business days of its receipt to determine if the application is complete. If a permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. If a permit authority does not notify an applicant in writing of all defects in the application, the application is considered complete.

(d) An applicant that receives a written notice under subsection (c) may cure the defects set forth in the notice and resubmit the corrected application to the permit authority within thirty (30) days of receiving the notice. If an applicant is unable to cure the defects within the thirty (30) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.

(e) Subject to subsection (f), not more than ninety (90) days after making an initial determination of completeness under subsection (c), a permit authority shall:

(1) review the application to determine if it complies with applicable laws and ordinances governing land use and zoning; and

(2) notify the applicant in writing whether the application is approved or denied.

(f) Notwithstanding the ninety (90) day period set forth in subsection (e), the following apply:

(1) If the applicant requested additional time under subsection (d) to cure defects in the application, the ninety (90) day period set forth in subsection (e) is extended for a corresponding amount of time.

(2) If the application for the proposed wireless support structure requires a variance of use from the terms of an applicable zoning ordinance in accordance with IC 36-7-4-918.4, the permit authority may have not more than thirty (30) additional days to comply with subsection (e).

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-21Application for substantial modification of wireless support structure; requirements; review for completeness; notification of approval or denial; additional time for review Sec. 21. (a) An application for a permit for substantial modification of a wireless support structure must include only the following:

(1) All information required by section 19 of this chapter.

(2) A construction plan that describes the proposed modifications to the wireless support structure and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment.

(3) If an applicable zoning ordinance specifies that a special exception, special use, contingent use, or conditional use must be approved for the proposed substantial modification of a wireless support structure in accordance with IC 36-7-4-918.2, evidence showing that the application complies with the criteria set forth in the ordinance with respect to the special exception, special use, contingent use, or conditional use.

(4) If the proposed substantial modification of a wireless support structure is not a permitted use under an applicable zoning ordinance, evidence showing that the application complies with the criteria for a variance of use from the terms of the zoning ordinance in accordance with IC 36-7-4-918.4.

(b) An application that contains the information required under subsection (a) is considered complete.

(e) Subject to subsection (f), not more than ninety (90) days after making an initial determination of completeness under subsection (c), a permit authority shall:

(1) review the application to determine if it complies with applicable laws and ordinances governing land use and zoning; and

(2) notify the applicant in writing whether the application is approved or denied.

(f) Notwithstanding the ninety (90) day period set forth in subsection (e), the following apply:

(2) If the application for the proposed substantial modification of a wireless support structure requires a variance of use from the terms of an applicable zoning ordinance in accordance with IC 36-7-4-918.4, the permit authority may have not more than thirty (30) additional days to comply with subsection (e).

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-22Application for collocation; requirements; conformance with building permit requirements; consolidated application; review for completeness; notification of approval or denial; additional time for review Sec. 22. (a) An application for a permit for collocation must include only the following:

(1) All information required by section 19 of this chapter.

(2) Evidence of conformance with applicable building permit requirements.

(b) An application for a permit for collocation:

(1) is not required to comply with zoning or land use requirements; and

(2) is not subject to public hearing.

(c) A permit authority shall allow an applicant to submit a single consolidated application to collocate multiple wireless service facilities that are located within the jurisdiction of the permit authority. The permit authority shall issue a single permit for all wireless service facilities included in the application rather than individual permits for each wireless service facility.

(d) A permit authority shall review an application within ten (10) business days of its receipt to determine if the application is complete. If a permit authority determines that an application is not complete, the permit authority shall notify the applicant in writing of all defects in the application. If a permit authority does not notify an applicant in writing of all defects in the application, the application is considered complete.

(e) An applicant that receives a written notice under subsection (d) may cure the defects set forth in the notice and resubmit the corrected application to the permit authority within fifteen (15) days of receiving the notice. If an applicant is unable to cure the defects within the fifteen (15) day period, the applicant shall notify the permit authority of the additional time the applicant requires to cure the defects.

(f) Not more than forty-five (45) days after making an initial determination of completeness under subsection (d), a permit authority shall:

(1) review the application to determine its conformity with applicable building permit requirements; and

(2) notify the applicant in writing whether the application is approved or denied.

However, if the applicant requested additional time under subsection (e) to cure defects in the application, the forty-five (45) day period is extended for a corresponding amount of time.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-23Written notice of approval or denial; basis for decision; application considered approved upon authority's failure to act Sec. 23. (a) In a written notice issued under section 20, 21, or 22 of this chapter, a permit authority shall state clearly the basis for its decision to approve or deny an application. If the permit authority denies an application, the written notice must include substantial evidence in support of the denial.

(b) For purposes of this section, a notice is considered written if it is included in the minutes of a public meeting of a permit authority.

(c) If a permit authority fails to act on an application within the applicable deadline under section 20, 21, or 22 of this chapter, the application is considered approved.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-24Guidelines to protect confidential or proprietary information Sec. 24. A permit authority shall establish guidelines to protect any confidential or proprietary information disclosed in an application.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-25Utility poles and electrical transmission towers; requirements and regulations prohibited Sec. 25. A permit authority may not require or regulate the installation, location, or use of wireless service facilities on utility poles or electrical transmission towers.

As added by P.L.145-2015, SEC.3.

IC 8-1-32.3-26Small cell facilities; exemption for placement in right-of-way; small cell networks; application fees; permit authority's proposed alternative location; procedures and time for review; prohibited acts by permit authority; safety regulations for use of public right-of-way; utility poles owned or controlled by governmental unit Sec. 26. (a) An application for a permit or approval for the construction, placement, or use of small cell facilities is subject to the following:

(1) The placement of a small cell facility and the associated supporting structure in the public right-of-way is considered a permitted use and is exempt from local zoning review if the total height of the structure supporting the small cell facility does not exceed the greater of:

(A) fifty (50) feet measured from grade; or

(B) the height of any utility pole in place on July 1, 2017, and within five hundred (500) feet of the proposed small cell facility, plus ten (10) feet.

(2) A permit authority shall allow an applicant to submit a single consolidated application for multiple small cell facilities that are located within the permit authority's jurisdiction and constitute a single small cell network. The permit authority shall issue a single permit for the small cell network rather than multiple permits for each small cell facility.

(3) The total of any application fees allowed under this section may not exceed the lesser of:

(A) the amount charged by the permit authority for an application for a building permit for any similar type of commercial:

(i) construction;

(ii) activity; or

(iii) land use development;

within the jurisdiction of the permit authority; or

(B) one hundred dollars ($100) per small cell facility included in the application.

(4) With respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure at a location where a supporting structure does not exist, a permit authority may propose, as an alternative location for the proposed small cell facility, that the small cell facility be collocated on an existing utility pole or on an existing wireless support structure, if the existing utility pole or the existing wireless support structure is located within fifty (50) feet of the location proposed in the application. The applicant shall use the alternative location proposed by the permit authority if:

(A) the applicant's right to use the alternative location is subject to reasonable terms and conditions; and

(B) the alternative location will not result in technical limitations or additional costs, as determined by the applicant.

(5) With respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority shall follow the procedures and time limits for review and approval that apply to collocation permit applications under section 22 of this chapter. However, notwithstanding section 22(f) of this chapter, not more than sixty (60) days after making an initial determination of completeness under section 22(d) of this chapter with respect to an application for the construction, placement, or use of a small cell facility and the associated supporting structure, a permit authority shall notify the applicant in writing whether the application is approved or denied. However, if the applicant requested additional time as allowed under section 22(e) of this chapter to cure defects in the application, the permit authority may extend the sixty (60) day period for a corresponding amount of time.

(b) Subject to subsection (c), with respect to the construction, placement, or use of any small cell facility and the associated supporting structure, a permit authority shall not do any of the following:

(1) Limit the placement of the small cell facility by minimum separation distances or maximum height limitations.

(2) Impose unreasonable requirements regarding the maintenance or appearance of the small cell facility and associated supporting structure, including requirements concerning the types of materials to be used or the screening or landscaping of the location.

(3) Condition the grant of approval on the applicant's agreement to allow other wireless facilities to be placed at, attached to, or located on the associated wireless support structure or utility pole.

(4) Limit the duration of any permit that is granted. However, a permit authority may require that, as applicable, construction commence not later than two (2) years after the date the permit is granted.

(5) Prohibit an applicant from locating a small cell facility, wireless support structure, or utility pole in a residential area.

(6) Impose setback or fall-zone requirements for the associated wireless support structure or utility pole that are different from requirements imposed on other types of structures in the right-of-way.

(7) Require the removal of existing wireless support structures, wireless facilities, or utility poles, wherever located, as a condition for approval of the application. However, this subdivision does not prohibit the permit authority from adopting reasonable rules intended to ensure the public health, safety, and welfare regarding the removal of an abandoned wireless support structure or abandoned wireless facilities.

(c) This chapter does not prohibit a permit authority from applying a reasonable and generally applicable safety regulation under IC 8-1-2-101(b) to the construction, placement, or use of small cell facilities and associated supporting structures in the public right-of-way.

(d) The construction, placement, or use of small cell facilities on a utility pole owned or controlled by a governmental unit is subject to the following:

(1) The rate for the construction, placement, or use of small cell facilities on the utility pole owned or controlled by the unit may not exceed fifty dollars ($50) per utility pole per year.

(2) For a utility pole used to provide communications service or electric service, the parties to the construction, placement, or use shall comply with the process for make ready work under 47 U.S.C. 224 and any associated implementing regulations. The good faith estimate of the unit owning or controlling the utility pole with respect to any make ready work necessary to enable the utility pole to support the requested placement must include pole replacement if necessary.

(3) For a utility pole that does not support aerial facilities used to provide communications service or electric service, the unit shall provide a good faith estimate for any make ready work necessary to enable the utility pole to support the requested construction, placement, or use, including pole replacement if necessary, not later than sixty (60) days after the unit's receipt of a complete application. Make ready work, including any pole replacement, shall be completed not later than sixty (60) days after the applicant's written acceptance of the good faith estimate.

(4) The unit shall not require more make ready work than required to meet applicable codes (as defined in section 15(b)(3) of this chapter) or industry standards. Fees for make ready work may not include costs related to preexisting or prior damage or to noncompliance. Fees for make ready work, including any utility pole replacement, may not:

(A) exceed actual costs or the amount charged to communications service providers for similar work; or

(B) include any consultants' fees or expenses.

(5) Subject to subdivision (7), the unit shall offer rates, fees, and other terms for the construction, placement, or use that comply with this chapter. Not later than:

(A) December 31, 2017; or

(B) three (3) months after receiving the first request under this chapter for the construction, placement, or use of a small wireless facility on a utility pole owned or controlled by the unit;

whichever occurs later, the unit shall establish and make available, by ordinance or otherwise, the rates, fees, and terms that govern the construction, placement, or use of small cell facilities on utility poles owned or controlled by the unit and that are in compliance with this chapter.

(6) The unit or a utility owned by the unit shall not impose a rental or other recurring fee for small cell facilities that are strung or located between utility poles if one (1) or more of the utility poles has an associated attachment for which a rental rate is charged.

(7) The unit may impose additional general terms and conditions for the construction, placement, or use of small cell facilities on utility poles owned or controlled by the unit if the additional general terms and conditions are:

(A) consistent with this chapter;

(B) reasonable;

(D) generally applicable to users of the rights-of-way.

Additional general terms and conditions authorized by this subdivision must be included in the rates, fees, and terms that the unit is required to establish and make available under subdivision (5).

As added by P.L.145-2015, SEC.3. Amended by P.L.261-2017, SEC.9.

IC 8-1-32.3-27Collocation on privately owned utility poles, wireless support structures, or property; owner's consent; utility poles and wireless support structures owned, controlled, or operated by public utility Sec. 27. (a) This chapter does not authorize the collocation of small cell facilities on any:

(1) privately owned utility pole;

(2) privately owned wireless support structure; or

(3) private property;

without the consent of the owner of the utility pole, wireless support structure, or property, as applicable.

(b) This chapter does not affect the duty of an entity that seeks to place a small cell facility on a utility pole or wireless support structure owned, controlled, or operated by a public utility to obtain from the public utility any necessary authority to place the small cell facility on the utility pole or wireless support structure.

(c) This chapter does not affect the authority of a public utility that owns, controls, or operates a utility pole or a wireless support structure to:

(1) deny, limit, or restrict; or

(2) determine the rates, fees, terms, and conditions for;

the use of or attachment to the utility pole or wireless support structure, consistent with federal law and any applicable decisions of or rules promulgated by the Federal Communications Commission.

As added by P.L.261-2017, SEC.10.

IC 8-1-32.4Chapter 32.4. Telecommunications Providers of Last Resort

8-1-32.4-1Application of definitions 8-1-32.4-2"Approved alternative technology" 8-1-32.4-3"Basic telecommunications service" 8-1-32.4-3.2"Communications service provider" 8-1-32.4-4"Exiting provider" 8-1-32.4-5"Facilities based local exchange carrier" 8-1-32.4-6"Incumbent local exchange carrier" 8-1-32.4-7"Local exchange carrier" 8-1-32.4-8"Local exchange service" 8-1-32.4-9"Provider of last resort" 8-1-32.4-10Repealed 8-1-32.4-11Obligations of incumbent local exchange carrier as provider of last resort; satisfaction of obligations using any available technology 8-1-32.4-12Exiting provider; advance notice required; liability for charges owed to other providers 8-1-32.4-13Relief from provider of last resort obligations; installation of facilities by another provider 8-1-32.4-14Repealed 8-1-32.4-15Commission's order to expedite availability of voice service during declared disaster emergency; provider authorized to offer service through any available technology 8-1-32.4-16Exclusive service arrangements; relief from provider of last resort obligations 8-1-32.4-17Relief from provider of last resort obligation; notice by incumbent local exchange carrier; presence of two ETC eligible providers required before July 1, 2014; obligations under federal law not affected; "ETC eligible communications service provider"

IC 8-1-32.4-1Application of definitions Sec. 1. Except as otherwise provided, the definitions in IC 8-1-2.6 apply throughout this chapter.

As added by P.L.27-2006, SEC.54.

IC 8-1-32.4-2"Approved alternative technology" Sec. 2. As used in this chapter, "approved alternative technology" refers to any technology that:

(1) offers service and functionality comparable to that provided through an exiting provider's facilities, as determined by the commission;

(2) may include a technology that does not require the use of any public right-of-way; and

(3) is approved by the commission for deployment in a particular service area.

As added by P.L.27-2006, SEC.54.

IC 8-1-32.4-3"Basic telecommunications service" Sec. 3. As used in this chapter, "basic telecommunications service" has the meaning set forth in IC 8-1-2.6-0.1.

As added by P.L.27-2006, SEC.54.

IC 8-1-32.4-3.2"Communications service provider" Sec. 3.2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-32.6-3.

As added by P.L.8-2012, SEC.1.

IC 8-1-32.4-4"Exiting provider" Sec. 4. As used in this chapter, "exiting provider" means a provider that:

(1) holds a certificate of territorial authority issued by the commission;

(2) is the predominant local exchange carrier in a defined geographic area and provides telecommunications service using the provider's own facilities; and

(3) ceases operation in all or part of the service area covered by the certificate of territorial authority.

As added by P.L.27-2006, SEC.54.

IC 8-1-32.4-5"Facilities based local exchange carrier" Sec. 5. As used in this chapter, "facilities based local exchange carrier" means a local exchange carrier that provides local exchange service:

(1) exclusively over facilities owned or leased by the carrier; or

(2) predominantly over facilities owned or leased by the carrier, in combination with the resale of the telecommunications service (as defined in 47 U.S.C. 153) of another carrier.

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.2.

IC 8-1-32.4-6"Incumbent local exchange carrier" Sec. 6. As used in this chapter, "incumbent local exchange carrier" has the meaning set forth in 47 U.S.C. 251(h).

As added by P.L.27-2006, SEC.54.

IC 8-1-32.4-7"Local exchange carrier" Sec. 7. As used in this chapter, "local exchange carrier" has the meaning set forth in 47 U.S.C. 153.

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.3.

IC 8-1-32.4-8"Local exchange service" Sec. 8. As used in this chapter, "local exchange service" means the provision of telephone exchange service (as defined in 47 U.S.C. 153) or exchange access (as defined in 47 U.S.C. 153).

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.4.

IC 8-1-32.4-9"Provider of last resort" Sec. 9. As used in this chapter, "provider of last resort" means a provider that:

(1) holds a certificate of territorial authority issued by the commission; and

(2) is required to offer local exchange service throughout a defined geographic area.

As added by P.L.27-2006, SEC.54.

IC 8-1-32.4-10RepealedAs added by P.L.27-2006, SEC.54. Repealed by P.L.8-2012, SEC.5.

IC 8-1-32.4-11Obligations of incumbent local exchange carrier as provider of last resort; satisfaction of obligations using any available technology Sec. 11. Except as provided in:

(1) IC 8-1-32.6-8;

(2) section 13 of this chapter;

(3) section 16 of this chapter; or

(4) section 17 of this chapter;

an incumbent local exchange carrier has the obligations of the provider of last resort. An incumbent local exchange carrier may meet the carrier's obligations under this section using any available technology.

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.6.

IC 8-1-32.4-12Exiting provider; advance notice required; liability for charges owed to other providers Sec. 12. (a) This section applies to a provider that holds a certificate of territorial authority to provide local exchange service in Indiana. If a provider:

(1) decides to cease serving all or part of the provider's defined service area; or

(2) plans to file for bankruptcy;

the provider shall provide at least sixty (60) days advance notice to the commission and each affected customer and wholesale provider.

(b) A notice described in subsection (a) must:

(1) be submitted in the form and manner prescribed by the commission; and

(2) include at least one (1) toll free customer service telephone number maintained by the provider to facilitate the continuation of service and the transition of customers to other providers.

(c) The exiting provider is liable for all charges owed to other providers and is responsible for any provider change charges.

As added by P.L.27-2006, SEC.54.

IC 8-1-32.4-13Relief from provider of last resort obligations; installation of facilities by another provider Sec. 13. (a) If the holder of a certificate of territorial authority to provide local exchange service installs facilities to provide telecommunications service, including local exchange service, in a defined geographic area and:

(1) the holder is not the designated provider of last resort for the area; and

(2) the designated provider of last resort for the area has not installed facilities to serve customers in the area;

the designated provider of last resort may petition the commission for an order relieving the designated provider of its obligations as the provider of last resort in the area.

(b) The commission shall relieve the petitioning provider from its obligations as the provider of last resort for the area described in subsection (a) and shall designate the holder making the installation under subsection (a) as the provider of last resort for the area if the commission determines that:

(1) the petitioning provider does not have facilities in place to provide local exchange service to all customers in the area; and

(2) the holder making the installation under subsection (a) has installed facilities adequate to provide local exchange service throughout the area.

The commission shall make the determinations required by this subsection not later than sixty (60) days after the date the petition is filed with the commission under subsection (a).

As added by P.L.27-2006, SEC.54.

IC 8-1-32.4-14RepealedAs added by P.L.27-2006, SEC.54. Repealed by P.L.8-2012, SEC.7.

IC 8-1-32.4-15Commission's order to expedite availability of voice service during declared disaster emergency; provider authorized to offer service through any available technology Sec. 15. (a) The commission may act in accordance with IC 8-1-2-113 during a disaster emergency that is declared by the governor and that includes an area in Indiana that is not served by any communications service provider offering voice service through any technology or medium. If the commission acts in accordance with IC 8-1-2-113 during a declared disaster emergency, the commission may issue any order necessary to protect the health, safety, and welfare of affected residents or businesses and may expedite the availability of voice service to the affected residents or businesses.

(b) If the commission authorizes a communications service provider to offer voice service under this section, the commission shall permit the communications service provider to offer the voice service through any available technology or medium determined by the communications service provider.

As added by P.L.27-2006, SEC.54. Amended by P.L.8-2012, SEC.8; P.L.36-2026, SEC.8.

IC 8-1-32.4-16Exclusive service arrangements; relief from provider of last resort obligations Sec. 16. (a) If a provider, other than the incumbent local exchange carrier, operates under an arrangement by which the provider is the exclusive provider of basic telecommunications service in a particular geographic area, building, or group of residences and businesses, the incumbent local exchange carrier is relieved of any provider of last resort obligations that the incumbent local exchange carrier would ordinarily have with respect to the particular geographic area, building, or group of residences and businesses.

(b) If:

(1) a provider with an exclusive service arrangement described in subsection (a) decides to cease operations in all or part of the particular geographic area, building, or group of residences and businesses that the provider serves under the arrangement; and

(2) the incumbent local exchange carrier:

(A) has insufficient facilities to serve the affected customers of the exiting provider; and

(B) elects to purchase the facilities of the exiting provider;

the incumbent local exchange carrier has twelve (12) months to make any modifications necessary to the purchased facilities to allow the incumbent local exchange carrier to serve the affected customers of the exiting provider. The incumbent local exchange carrier may apply to the commission for an extension of the period allowed under this subsection, and the commission shall grant the extension upon good cause shown by the incumbent local exchange carrier.

(2) the incumbent local exchange carrier:

(A) has insufficient facilities to serve the affected customers of the exiting provider; and

(B) elects not to purchase the facilities of the exiting provider;

the incumbent local exchange carrier has twelve (12) months to deploy an approved alternative technology necessary to allow the incumbent local exchange carrier to serve the affected customers of the exiting provider. The incumbent local exchange carrier may apply to the commission for an extension of the period allowed under this subsection, and the commission shall grant the extension upon good cause shown by the incumbent local exchange carrier.

As added by P.L.27-2006, SEC.54. Amended by P.L.1-2007, SEC.74.

IC 8-1-32.4-17Relief from provider of last resort obligation; notice by incumbent local exchange carrier; presence of two ETC eligible providers required before July 1, 2014; obligations under federal law not affected; "ETC eligible communications service provider" Sec. 17. (a) Subject to subsection (b), upon notice to the commission by an incumbent local exchange carrier that is the provider of last resort in one (1) or more parts of the incumbent local exchange carrier's service area, the incumbent local exchange carrier is relieved of its obligation as the provider of last resort in any part of the incumbent local exchange carrier's service area in which there are at least two (2) ETC eligible communications service providers, one (1) of which may be the incumbent local exchange carrier, offering a voice service through any technology or medium, including any of the following:

(1) Wire communication (as defined in 47 U.S.C. 153).

(2) Internet Protocol enabled services.

(3) Commercial mobile service (as defined in 47 U.S.C. 332).

(b) After June 30, 2014, upon notice to the commission by an incumbent local exchange carrier that is the provider of last resort in one (1) or more parts of the incumbent local exchange carrier's service area, the incumbent local exchange carrier is relieved of its provider of last resort obligation with respect to any part of its service area identified in the incumbent local exchange carrier's notice to the commission under this subsection.

(c) Relief from a provider of last resort obligation under this chapter does not affect an incumbent local exchange carrier's obligations under federal law.

(d) As used in this section, "ETC eligible communications service provider" means a communications service provider that provides, using any available technology or medium, the voice telephony services described in 47 CFR 54.101, regardless of whether the communications service provider has been designated as an eligible telecommunications carrier.

As added by P.L.8-2012, SEC.9.

IC 8-1-32.5Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers

8-1-32.5-1Application of chapter 8-1-32.5-2"Commission" 8-1-32.5-3"Communications service" 8-1-32.5-4"Communications service provider" 8-1-32.5-5"Facilities based local exchange carrier" 8-1-32.5-6Certificate of territorial authority; application; required documents; certificates issued before July 1, 2009; confidential information 8-1-32.5-7Duplicate copies of application and documents 8-1-32.5-8Commission's review of application and documents; issuance of certificate; request for additional information 8-1-32.5-9Request for hearing; limited issues; representation by counsel not required 8-1-32.5-10Sale, assignment, lease, or transfer of certificate; encumbrance of certificate 8-1-32.5-11Tariff not required; customer notification requirements; tariff effective upon filing 8-1-32.5-12Notice of change 8-1-32.5-13Record of certificates issued; public access 8-1-32.5-14Exemption from local franchises and fees; access to public rights-of-way; exceptions; designation as public utility for purpose of exemption from fair market value requirements for use of rights-of-way in federally funded transportation projects 8-1-32.5-15Commission's authority to adopt rules 8-1-32.5-16Ineligibility of certain communications service providers for property tax exemptions

IC 8-1-32.5-1Application of chapter Sec. 1. This chapter applies to a communications service provider that seeks to offer communications service to Indiana customers after June 30, 2009.

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-2"Commission" Sec. 2. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-3"Communications service" Sec. 3. (a) As used in this chapter, "communications service" refers to any of the following:

(1) Telecommunications service (as defined in 47 U.S.C. 153).

(2) Information service (as defined in 47 U.S.C. 153).

(b) The term includes:

(1) video service (as defined in IC 8-1-34-14);

(2) broadband service;

(3) advanced services (as defined in 47 CFR 51.5); and

(4) Internet Protocol enabled services;

however classified by the Federal Communications Commission.

As added by P.L.27-2006, SEC.55. Amended by P.L.7-2015, SEC.12.

IC 8-1-32.5-4"Communications service provider" Sec. 4. As used in this chapter, "communications service provider" means a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. The term includes a provider of commercial mobile service (as defined in 47 U.S.C. 332).

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-5"Facilities based local exchange carrier" Sec. 5. As used in this chapter, "facilities based local exchange carrier" means a local exchange carrier (as defined in 47 U.S.C. 153) that provides telephone exchange service (as defined in 47 U.S.C. 153) or exchange access (as defined in 47 U.S.C. 153):

(1) exclusively over facilities owned or leased by the carrier; or

(2) predominantly over facilities owned or leased by the carrier, in combination with the resale of the telecommunications service (as defined in 47 U.S.C. 153) of another carrier.

As added by P.L.27-2006, SEC.55. Amended by P.L.7-2015, SEC.13.

IC 8-1-32.5-6Certificate of territorial authority; application; required documents; certificates issued before July 1, 2009; confidential information Sec. 6. (a) Except as provided in subsection (c), before a communications service provider may offer communications service to customers in Indiana, the communications service provider must apply to the commission for a certificate of territorial authority. A communications service provider that seeks a certificate under this chapter shall submit an application on a form prescribed by the commission. Subject to subsection (e), the form prescribed by the commission must require the communications service provider to report the following information:

(1) The provider's legal name and any name under which the provider does or will do business in Indiana, as authorized by the secretary of state.

(2) The provider's address and telephone number, along with contact information for the person responsible for ongoing communications with the commission.

(3) The legal name, address, and telephone number of the provider's parent company, if any.

(4) A description of each service area in Indiana in which the provider proposes to offer communications service.

(5) For each service area identified under subdivision (4), a description of each type of communications service that the provider proposes to offer in the service area.

(6) For each communications service identified under subdivision (5), whether the communications service will be offered to residential customers or business customers, or both.

(7) The expected date of deployment for each communications service identified under subdivision (5) in each service area identified in subdivision (4).

(8) A list of other states in which the provider offers communications service, including the type of communications service offered.

(9) Any other information the commission considers necessary to:

(A) monitor the type and availability of communications service provided to Indiana customers; and

(B) prepare the commission's annual report under IC 8-1-1-14(c)(4).

The commission may charge a fee for filing an application under this section. Any fee charged by the commission under this subsection may not exceed the commission's actual costs to process and review the application under section 8 of this chapter.

(b) A communications service provider shall also submit, along with the application required by subsection (a), the following documents:

(1) A certification from the secretary of state authorizing the provider to do business in Indiana.

(2) Information demonstrating the provider's financial, managerial, and technical ability to provide each communications service identified in the provider's application under subsection (a)(5) in each service area identified under subsection (a)(4).

(3) A statement, signed under penalty of perjury by an officer or another person authorized to bind the provider, that affirms the following:

(A) That the provider has filed or will timely file with the Federal Communications Commission all forms required by the Federal Communications Commission before offering communications service in Indiana.

(B) That the provider agrees to comply with any customer notification requirements imposed by the commission under section 11(b) of this chapter.

(C) That the provider agrees to update the information provided in the application submitted under subsection (a) on a regular basis, as may be required by the commission under section 12 of this chapter.

(D) That the provider agrees to notify the commission when the provider commences offering communications service in each service area identified in the provider's application under subsection (a)(4).

(E) That the provider agrees to pay any lawful rate or charge for switched and special access services, as required under any:

(i) applicable interconnection agreement; or

(ii) lawful tariff or order approved or issued by a regulatory body having jurisdiction.

(F) That the provider agrees to report, at the times required by the commission, any information required by the commission under IC 8-1-2.6-13(c)(8).

(1) a communications service provider has been issued a:

(A) certificate of territorial authority; or

(B) certificate of public convenience and necessity;

by the commission before July 1, 2009; and

(2) the certificate described in subdivision (1) is in effect on July 1, 2009;

the communications service provider is not required to submit an application under this section for as long as the certificate described in subdivision (1) remains in effect. For purposes of this subsection, if a corporation organized under IC 8-1-13 (or a corporation organized under IC 23-17-1 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13) holds a certificate of public convenience and necessity issued by the commission before, on, or after July 1, 2009, that certificate may serve as the certificate required under this chapter with respect to any communications service offered by the corporation, subject to the commission's right to require the corporation to provide any information that an applicant is otherwise required to submit under subsection (a) or that a holder is required to report under IC 8-1-2.6-13(c)(8).

(d) This section does not empower the commission to require an applicant for a certificate under this chapter to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information. The commission shall exercise all necessary caution to avoid disclosure of confidential information supplied under this section.

(e) The form prescribed for a communications service provider that offers only a service described in IC 8-1-2.6-1.1 must require the communications service provider to report and certify the accuracy of only the information required under subsection (a)(1) and (a)(2).

As added by P.L.27-2006, SEC.55. Amended by P.L.1-2007, SEC.75; P.L.219-2011, SEC.3; P.L.256-2013, SEC.14; P.L.53-2014, SEC.80; P.L.73-2020, SEC.5; P.L.71-2022, SEC.6.

IC 8-1-32.5-7Duplicate copies of application and documents Sec. 7. A communications service provider shall submit duplicate copies of the application and documents required by section 6 of this chapter to the commission. The commission shall prescribe the number of copies to be submitted by a communications service provider under this section.

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-8Commission's review of application and documents; issuance of certificate; request for additional information Sec. 8. Not later than thirty (30) days after receiving the application and documents required by section 6 of this chapter, the commission shall review the application and documents for accuracy and completeness. If the commission determines that the application and documents are accurate, complete, and properly verified, the commission shall issue a certificate of territorial authority recognizing the communications service provider's authority to provide each communications service identified in the application. If the commission determines that the application and documents are inaccurate or incomplete, or are not properly verified, the commission shall return the application and documents to the provider with a brief statement of any additional information required. Not later than thirty (30) days after receipt of the request for additional information, the provider may:

(1) provide the information requested;

(2) appeal the decision of the commission under IC 8-1-3; or

(3) decide to file another application at a later date, without prejudice.

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-9Request for hearing; limited issues; representation by counsel not required Sec. 9. (a) A hearing is not required in connection with the issuance of a certificate under this chapter. However, the commission shall conduct a hearing, subject to the requirements for hearings under IC 8-1-2 for public utilities, upon the request of any of the following:

(1) The communications service provider submitting the application.

(2) Any facilities based local exchange carrier offering service in a service area identified in the provider's application under section 6(a)(4) of this chapter.

(3) The office of utility consumer counselor created by IC 8-1-1.1-2.

(4) The commission, on its own motion.

(b) A hearing conducted under this section shall be limited to consideration of one (1) or more of the following issues:

(1) Whether the application and documents submitted under section 6 of this chapter are accurate, complete, and properly verified.

(2) The communications service provider's financial, managerial, and technical ability to provide the communications service for which it seeks a certificate under this chapter.

(1) communications service provider; or

(2) facilities based local exchange carrier offering service in a service area identified in the provider's application under section 6(a)(4) of this chapter;

to be represented by counsel at a hearing under this section.

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-10Sale, assignment, lease, or transfer of certificate; encumbrance of certificate Sec. 10. Subject to any notice requirements adopted by the commission under section 12 of this chapter, a certificate issued under this chapter may be:

(1) sold, assigned, leased, or transferred by the holder to any communications service provider to which a certificate of territorial authority may be lawfully issued under this chapter; or

(2) included in the property and rights encumbered under any indenture of mortgage or deed of trust of the holder.

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-11Tariff not required; customer notification requirements; tariff effective upon filing Sec. 11. (a) The commission may not require a communications service provider to file a tariff in connection with, or as a condition of receiving, a certificate of territorial authority under this chapter.

(b) This subsection does not apply to a provider of commercial mobile service (as defined in 47 U.S.C. 332). The commission may require, in connection with the issuance of a certificate under this chapter, the communications service provider to provide advance notice to the provider's Indiana customers if the provider will do any of the following:

(1) Increase the rates and charges for any communications service that the provider offers in any of the provider's service areas in Indiana.

(2) Offer new communications service in any of the provider's service areas in Indiana.

(3) Cease to offer any communications service that the provider offers in any of the provider's service areas in Indiana.

The commission shall prescribe any customer notification requirements under this subsection in a rule of general application adopted under IC 4-22-2.

As added by P.L.27-2006, SEC.55. Amended by P.L.177-2021, SEC.8.

IC 8-1-32.5-12Notice of change Sec. 12. In connection with, or as a condition of receiving, a certificate of territorial authority under this chapter, the commission may require a communications service provider to notify the commission, after the issuance of a certificate, of any of the following changes involving the provider or the certificate issued:

(1) Any transaction involving a change in the ownership, operation, control, or corporate organization of the provider, including a merger, acquisition, or reorganization.

(2) A change in the provider's legal name or the adoption of, or change to, an assumed business name. The provider shall submit to the commission a certified copy of the:

(A) amended certificate of authority; or

(B) certificate of assumed business name;

issued by the secretary of state to reflect the change.

(3) A change in the provider's principal business address or in the name of the person authorized to receive notice on behalf of the provider.

(4) Any sale, assignment, lease, or transfer of the certificate to another communications service provider, as allowed by section 10 of this chapter. The provider shall identify the other communications service provider to which the sale, assignment, lease, or transfer is made.

(5) The relinquishment of any certificate issued under this chapter. The provider shall identify:

(A) any other certificate of territorial authority issued under this chapter that will be retained by the provider;

(B) the number of Indiana customers in the service area covered by the certificate being relinquished; and

(C) the method by which the provider's customers were or will be notified of the relinquishment, if required in a rule adopted by the commission under section 11(b) of this chapter.

(6) This subdivision does not apply to a provider of commercial mobile service (as defined in 47 U.S.C. 332). A change in the communications service provided in one (1) or more of the service areas identified in the provider's application under section 6(a)(4) of this chapter. However, if new services will be provided in one (1) or more of the service areas, the commission may require the provider to submit a new application under section 6 of this chapter with respect to those services.

(7) A change in one (1) or more of the service areas identified in the provider's application under section 6(a)(4) of this chapter that would increase or decrease the territory within the service area.

The commission shall prescribe the time in which a provider must report changes under this section. The commission may prescribe a form for the reporting of changes under this section.

As added by P.L.27-2006, SEC.55. Amended by P.L.1-2007, SEC.76.

IC 8-1-32.5-13Record of certificates issued; public access Sec. 13. The commission shall maintain a record of all certificates of territorial authority issued under this chapter. The record must include all application forms, notices of change under section 12 of this chapter, and other documents filed with the commission under this chapter. The record must be made available:

(1) for public inspection and copying in the office of the commission during regular business hours under IC 5-14-3; and

(2) electronically through the computer gateway administered by the office of technology established by IC 4-13.1-2-1;

to the extent the information in the record is not exempt from public disclosure under IC 5-14-3-4(a).

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-14Exemption from local franchises and fees; access to public rights-of-way; exceptions; designation as public utility for purpose of exemption from fair market value requirements for use of rights-of-way in federally funded transportation projects Sec. 14. A communications service provider that holds a certificate issued under this chapter:

(1) is exempt from local franchises and related fees to the same extent as a communications service provider that holds a certificate of territorial authority or an indeterminate permit issued under IC 8-1-2 before July 1, 2009;

(2) may access public rights-of-way to the same extent as a public utility (as defined in IC 8-1-2-1(a)):

(A) including a public right-of-way under the control of a county or municipality as provided in IC 8-1-2-101; but

(B) not including rights-of-way, property, or projects that are the subject of a public-private agreement under IC 8-15.5 or IC 8-15.7 or communications systems infrastructure, including all infrastructure used for wireless communications, owned by or under the jurisdiction of the Indiana finance authority or the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities; and

(3) shall be designated as a public utility solely as that term is used in 23 CFR 710.403(e)(2).

As added by P.L.27-2006, SEC.55. Amended by P.L.145-2015, SEC.4; P.L.189-2019, SEC.8; P.L.177-2021, SEC.9.

IC 8-1-32.5-15Commission's authority to adopt rules Sec. 15. The commission may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.27-2006, SEC.55.

IC 8-1-32.5-16Ineligibility of certain communications service providers for property tax exemptions Sec. 16. A communications service provider, including a public utility that provides communications service, is not eligible for a property tax exemption under IC 6-1.1 for facilities and technologies used in the deployment and transmission of broadband service in an area where a communications service provider provides wireline broadband service.

As added by P.L.256-2013, SEC.15.

IC 8-1-32.6Chapter 32.6. Access to Real Property by Communications Service Providers

8-1-32.6-1"Commission" 8-1-32.6-2"Communications service" 8-1-32.6-3"Communications service provider" 8-1-32.6-4"Multitenant real estate" 8-1-32.6-5"Person" 8-1-32.6-6"Provider of last resort" 8-1-32.6-7Prohibited contracts, agreements, and arrangements; complaint; commission investigation; civil penalty; enforcement by attorney general; right to appeal 8-1-32.6-8Exclusive service arrangements; relief from provider of last resort obligations; voluntary provision of services 8-1-32.6-9Owners, operators, and developers of multitenant real estate; prohibited acts; reasonable conditions on access; right of action 8-1-32.6-10Commission's authority to adopt rules

IC 8-1-32.6-1"Commission" Sec. 1. As used in this chapter, "commission" refers to the Indiana utility regulatory commission created by IC 8-1-1-2.

As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-2"Communications service" Sec. 2. (a) As used in this chapter, "communications service" refers to any of the following:

(1) Telecommunications service (as defined in 47 U.S.C. 153).

(2) Information service (as defined in 47 U.S.C. 153).

(b) The term includes:

(1) video service (as defined in IC 8-1-34-14);

(2) broadband service;

(3) advanced services (as defined in 47 CFR 51.5); and

(4) Internet Protocol enabled services;

however classified by the Federal Communications Commission.

As added by P.L.27-2006, SEC.56. Amended by P.L.7-2015, SEC.14.

IC 8-1-32.6-3"Communications service provider" Sec. 3. As used in this chapter, "communications service provider" means a person or an entity, or an affiliate (as defined in IC 8-1-34-1) of a person or an entity, that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. The term includes a provider of commercial mobile service (as defined in 47 U.S.C. 332).

As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-4"Multitenant real estate" Sec. 4. As used in this chapter, "multitenant real estate" means any:

(1) geographic area;

(2) building; or

(3) group of buildings;

containing more than one (1) unit for business purposes. The term includes office buildings and office parks. The term does not include apartment buildings, condominiums, or subdivisions.

As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-5"Person" Sec. 5. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, an unincorporated association, or a governmental entity.

As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-6"Provider of last resort" Sec. 6. As used in this chapter, "provider of last resort" has the meaning set forth in IC 8-1-32.4-9.

As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-7Prohibited contracts, agreements, and arrangements; complaint; commission investigation; civil penalty; enforcement by attorney general; right to appeal Sec. 7. (a) After March 27, 2006, a communications service provider shall not enter into any contract, agreement, or other arrangement that does any of the following:

(1) Requires any person to restrict or limit:

(A) the ability of another communications service provider to obtain easements or rights-of-way for the installation of facilities or equipment used to provide communications service to Indiana customers; or

(B) access to real property by another communications service provider.

(2) Offers or grants incentives or rewards to an owner of real property if the incentives or rewards are contingent upon the property owner's agreement to restrict or limit:

(B) access to the owner's real property by another communications service provider.

A contract, an agreement, or any other arrangement that violates this section is void if the contract, agreement, or arrangement is entered into after March 27, 2006. However, a contract, an agreement, or any other arrangement that otherwise violates this section remains in effect until such time as it would normally terminate or expire if the contract, agreement, or arrangement is entered into before March 28, 2006.

(b) This section does not prohibit a communications service provider and a subscriber from entering into any lawful contract, agreement, or other arrangement concerning the communications service offered by the communications service provider to the subscriber.

(1) a complaint filed by:

(A) another communications service provider;

(B) a subscriber or potential subscriber of communications service;

(D) any class satisfying the standing requirements of IC 8-1-2-54; or

(2) the commission's own motion;

the commission may investigate whether a communications service provider has violated this section. If, after notice and an opportunity for hearing, the commission determines that the communications service provider has violated this section, the commission may issue an order imposing a civil penalty of not more than five hundred dollars ($500) for each violation. For purposes of this subsection, each day that a contract, an agreement, or an arrangement prohibited by this section remains in effect constitutes a separate violation.

(d) The attorney general may bring an action in the name of the state to enforce an order of the commission under subsection (c), including the collection of an unpaid civil penalty imposed by the commission.

(e) Civil penalties collected under this section shall be deposited in the state general fund.

(f) A determination by the commission under this section is subject to appeal under IC 8-1-3.

As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-8Exclusive service arrangements; relief from provider of last resort obligations; voluntary provision of services Sec. 8. (a) The commission may not require a communications service provider, including a provider of last resort, to provide any communications service to the occupants of multitenant real estate if the owner, operator, or developer of the multitenant real estate does any of the following to the benefit of another communications service provider:

(1) Permits only one (1) communications service provider to install the provider's facilities or equipment during the construction or development phase of the multitenant real estate.

(2) Accepts or agrees to accept incentives or rewards that:

(A) are offered by a communications service provider to the owner, operator, developer, or occupants of the multitenant real estate; and

(B) are contingent upon the provision of communications service by that provider to the occupants of the multitenant real estate, to the exclusion of any services provided by other communications service providers.

(3) Collects from the occupants of the multitenant real estate any charges for the provision of communications service to the occupants, including charges collected through rent, fees, or dues.

(4) Enters into an agreement with a communications service provider that is prohibited by section 7 of this chapter.

(b) This subsection applies to a communications service provider that is relieved under subsection (a) of an obligation to provide communications service to the occupants of multitenant real estate. This section does not prohibit the communications service provider from voluntarily offering service to the occupants of the multitenant real estate. However, the commission shall not exercise jurisdiction over the terms, conditions, rates, or availability of any communications service voluntarily offered by a communications service provider under this subsection.

As added by P.L.27-2006, SEC.56. Amended by P.L.8-2012, SEC.10.

IC 8-1-32.6-9Owners, operators, and developers of multitenant real estate; prohibited acts; reasonable conditions on access; right of action Sec. 9. (a) Except as provided in subsection (b), the owner, operator, or developer of multitenant real estate located in a service area in which one (1) or more communications service providers are authorized to provide communications service may not do any of the following:

(1) Prevent a communications service provider from installing on the premises communications service equipment that an occupant requests.

(2) Interfere with a communications service provider's installation on the premises of communications service equipment that an occupant requests.

(3) Discriminate against a communications service provider or impose unduly burdensome conditions on the terms, conditions, and compensation for a communications service provider's installation of communications service equipment on the premises.

(4) Demand or accept an unreasonable payment from:

(A) an occupant; or

(B) a communications service provider;

in exchange for allowing the communications service provider access to the premises.

(5) Discriminate against or in favor of an occupant in any manner, including charging higher or lower rental charges to the occupant, because of the communications service provider from which the occupant receives communications service.

(b) This section does not prohibit the owner, operator, or developer of multitenant real estate from doing any of the following:

(1) Imposing a condition on a communications service provider that is reasonably necessary to protect:

(A) the safety, security, appearance, or condition of the property; or

(B) the safety and convenience of other persons.

(2) Imposing a reasonable limitation on the hours during which a communications service provider may have access to the premises to install communications service equipment.

(3) Imposing a reasonable limitation on the number of communications service providers that have access to the premises, if the owner, operator, or developer can demonstrate a space constraint that requires the limitation.

(4) Requiring a communications service provider to agree to indemnify the owner, operator, or developer for damage caused by installing, operating, or removing communications service equipment on or from the premises.

(5) Requiring an occupant or a communications service provider to bear the entire cost of installing, operating, or removing communications service equipment.

(6) Requiring a communications service provider to pay compensation for access to or use of the premises, as long as the compensation is:

(A) reasonable; and

(B) nondiscriminatory;

among communications service providers.

(1) An occupant that is a current or potential subscriber of communications service on the premises of multitenant real estate.

(2) A unit in which multitenant real estate is located, acting on behalf of:

(A) a person described in subdivision (1); or

(B) other similarly situated persons.

(3) A communications service provider.

An affected person that alleges a violation of this section by the owner, operator, or developer of multitenant real estate may seek equitable or compensatory relief in a court having jurisdiction. The party prevailing in any action filed under this section is entitled to recover the costs of the action, including reasonable attorney's fees as determined by the court.

As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-10Commission's authority to adopt rules Sec. 10. The commission may adopt rules under IC 4-22-2 to implement this chapter.

As added by P.L.27-2006, SEC.56.

IC 8-1-32.7Chapter 32.7. Use and Provision of Communications Service by the State

8-1-32.7-1"Communications service" 8-1-32.7-2"Communications service provider" 8-1-32.7-3"I-Light" 8-1-32.7-4"State" 8-1-32.7-5Use of I-Light to provide communications service prohibited; exceptions; existing contractual obligations

IC 8-1-32.7-1"Communications service" Sec. 1. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3.

As added by P.L.79-2012, SEC.1.

IC 8-1-32.7-2"Communications service provider" Sec. 2. As used in this chapter, "communications service provider" has the meaning set forth in IC 8-1-32.5-4.

As added by P.L.79-2012, SEC.1.

IC 8-1-32.7-3"I-Light" Sec. 3. As used in this chapter, "I-Light" refers to the high speed communications network that connects state educational institutions and private postsecondary educational institutions throughout Indiana. The term includes the networks, and any successor networks, known at any time as I-Light or I-Light 2, or any other version or iteration of those names, or by any other designation.

As added by P.L.79-2012, SEC.1.

IC 8-1-32.7-4"State" Sec. 4. (a) As used in this chapter, "state" means the state of Indiana and any officer, agency, department, board, bureau, commission, division, or institution of the state of Indiana, the trustees or board of directors of any instrumentality of the state of Indiana or body politic of the state of Indiana, and the trustees of any state educational institution.

(b) The term includes a state agency or other instrumentality of state government that holds the contract for the state's indefeasible right of use to I-Light.

As added by P.L.79-2012, SEC.1.

IC 8-1-32.7-5Use of I-Light to provide communications service prohibited; exceptions; existing contractual obligations Sec. 5. (a) Except as provided in subsections (b) and (c) and in IC 21-28-5, after March 31, 2012, I-Light may not be used to offer or provide, directly or indirectly, communications service to the public or to any private or governmental entity.

(b) This section does not prohibit the use of I-Light for any of the following:

(1) The provision of communications service to the extent used solely for 911 service or any other emergency or law enforcement purpose.

(2) The provision of communications service to a state educational institution or a private postsecondary educational institution in furtherance of education or research for the direct benefit of students, faculty, or staff. The provision of communications service under this subdivision may include the provision of communications service to a person that is not a state educational institution or a private postsecondary educational institution if:

(A) the person has a research and development relationship with a state educational institution or a private postsecondary educational institution; and

(B) the communications service required by and provided to the person:

(i) is a one (1) gigabit per second or greater network connection;

(ii) is used in furtherance of the research and development relationship only;

(iii) is provided only for a specific research and development project;

(iv) is provided only for the limited duration of the specific research and development project; and

(v) is not provided in competition with private sector communications service providers' provision of communications service.

(3) The provision of communications service to member licensees of Indiana Public Broadcasting Stations, Inc., for the direct benefit of public broadcasting.

(c) Notwithstanding subsection (a), the state remains subject to any contractual rights, duties, and obligations incurred by the state and owed to any private person under a contract for the provision of communications service that was entered into by the state before April 1, 2012, and that remains in effect after March 31, 2012. All liens, security interests, royalties, and other contracts, rights, and interests owed to a private person under the contract continue in full force and effect and must be paid or performed by the state in the manner specified in the contract, subject to the right of the state and all other contracting parties to renegotiate the terms of the contract at any time before the expiration of the contract.

As added by P.L.79-2012, SEC.1. Amended by P.L.119-2024, SEC.3.

IC 8-1-33Chapter 33. RepealedRepealed by P.L.177-2018, SEC.11 and P.L.189-2018, SEC.67.

IC 8-1-34Chapter 34. Video Service Franchises

8-1-34-1"Affiliate" 8-1-34-2"Certificate" 8-1-34-3"Commission" 8-1-34-4"Franchise" 8-1-34-5"Gross revenue" 8-1-34-6"Holder" 8-1-34-7"Incumbent provider" 8-1-34-8"Local franchise" 8-1-34-9"Other programming service" 8-1-34-10"Person" 8-1-34-11"Provider" 8-1-34-12"Unit" 8-1-34-13"Video programming" 8-1-34-14"Video service" 8-1-34-15"Video service system" 8-1-34-16Commission as sole franchising authority; application; confidential information; filing fee; level of specificity in identifying service areas or planned service areas; programming information not required 8-1-34-17Issuance of certificate; build-out requirements prohibited; settlement agreements approved before July 29, 2004; use of rights-of-way 8-1-34-18Transfer of certificate 8-1-34-19Termination of certificate by holder 8-1-34-20Notice of change; notice of intent to provide service; customer notification requirements 8-1-34-21Election to operate under local franchise; termination of local franchise; notice; outstanding and prepaid franchise fees 8-1-34-22Terminated local franchise; rights, duties, and obligations owed to private persons; right of action; "private person" 8-1-34-23Gross revenue; determination under existing local franchise; determination when no local franchise exists; unincorporated areas; annexed territory 8-1-34-24Franchise fee; percentage of gross revenue; unincorporated areas; disputes over gross revenue calculation; pass through to subscribers; billing itemization; fee under local franchise 8-1-34-24.5Video service franchise fees; local and state reports 8-1-34-25PEG channel capacity, facilities, and financial support; unit with existing requirements 8-1-34-26PEG channel capacity, facilities, and financial support; units or areas without existing requirements; authority of commission to require 8-1-34-26.5Additional PEG channel capacity 8-1-34-27Operation of PEG channel; compatibility with provider's system; interconnection of systems; enforcement authority 8-1-34-28Discrimination based on income prohibited; use of alternative technology; petition for equitable relief; order by commission; right to appeal 8-1-34-29Institutional network capacity; video service to public buildings; provision under terms of local franchise; continuation of services after December 31, 2008, or expiration of franchise; apportionment of costs 8-1-34-30Direct marketing authority for holders; application to commission; designated employees; certification; option to apply for authority from political subdivision; limited local regulation

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 8-1-32-12

What does Indiana Code § 8-1-32-12 cover?

Section 8-1-32-12 ("Commission's jurisdiction not reduced or superseded") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Indiana § 8-1-32-12 - Commission's jurisdiction not reduced or superseded

§ 8-1-32-12. Commission's jurisdiction not reduced or superseded

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Frequently Asked Questions About Indiana § 8-1-32-12

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