reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-18. Zoning, 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-19. Eligible 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-22. Application 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-23. Written 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-24. Guidelines 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-25. Utility 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.3. Permits for Wireless Service Providers › 8-1-32.3-27. Collocation 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 8-1-32.4-11. Obligations 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 8-1-32.4-12. Exiting 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 8-1-32.4-13. Relief 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 8-1-32.4-15. Commission's Declaration of Emergency; Order to Expedite Availability of Voice Service; Authorization for Provider to Offer Voice Service Through Any Available Technology

Sec. 15. (a) The commission may declare in accordance with IC 8-1-2-113 that an emergency exists in an area in Indiana that is not served by any communications service provider offering voice service through any technology or medium. If the commission declares an emergency under this section, 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 8-1-32.4-16. Exclusive 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.
(c) 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 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.4. Telecommunications Providers of Last Resort › 8-1-32.4-17. Relief 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-1. Application 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-7. Duplicate 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-8. Commission'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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-9. Request 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.
(c) The commission may not require a:
(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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-10. Sale, 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-11. Tariff 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.
(c) A tariff filed with the commission by a communications service provider is effective upon filing.
As added by P.L.27-2006, SEC.55. Amended by P.L.177-2021, SEC.8.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-12. Notice 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-13. Record 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-14. Exemption 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-15. Commission'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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.5. Certificates of Territorial Authority for Communications Service Providers › 8-1-32.5-16. Ineligibility 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.6. Access to Real Property by Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.6. Access to Real Property by Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.6. Access to Real Property by Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.6. Access to Real Property by Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.6. Access to Real Property by Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.6. Access to Real Property by Communications Service Providers › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.6. Access to Real Property by Communications Service Providers › 8-1-32.6-8. Exclusive 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.7. Use and Provision of Communications Service by the State › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.7. Use and Provision of Communications Service by the State › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.7. Use and Provision of Communications Service by the State › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.7. Use and Provision of Communications Service by the State › 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 32.7. Use and Provision of Communications Service by the State › 8-1-32.7-5. Use 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, enhanced 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.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-1. "Affiliate"

Sec. 1. As used in this chapter, "affiliate" has the meaning set forth in IC 23-1-43-1. The term includes a parent company or a subsidiary.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-4. "Franchise"

Sec. 4. As used in this chapter, "franchise" means an initial authorization, or a renewal of an authorization, that:
(1) is issued by the commission under this chapter after June 30, 2006; and
(2) authorizes the construction or operation of a video service system in a designated service area in Indiana.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-5. "Gross Revenue"

Sec. 5. As used in this chapter, "gross revenue" means all consideration of any kind or nature, including cash, credits, property, and in kind contributions:
(1) received by a holder from the operation of a video service system in a particular unit in Indiana; and
(2) calculated by the holder under section 23 of this chapter.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-6. "Holder"

Sec. 6. As used in this chapter, "holder" refers to a person that holds a certificate issued by the commission under this chapter after June 30, 2006.
As added by P.L.27-2006, SEC.58.
2023 Indiana Code › Title 8. Utilities and Transportation › Article 1. Utilities Generally › Chapter 34. Video Service Franchises › 8-1-34-7. "Incumbent Provider"

Sec. 7. As used in this chapter, "incumbent provider" means the provider serving the largest number of video service subscribers in a particular local franchise service area on July 1, 2006.
As added by P.L.27-2006, SEC.58.