Title 8, UTILITIES AND TRANSPORTATION

Sec. 0.7. As used in this chapter, "telecommunications service" has the meaning set forth in 47 U.S.C. 153. As added by P.L.27-2006, SEC.12. Amended by P.L.7-2015, SEC.9.

Sec. 1. The Indiana general assembly hereby declares that: (1) the maintenance of universal telephone service is a continuing goal of the commission in the exercise of its jurisdiction; (2) competition has become commonplace in the provision of telecommunications services in Indi…

Sec. 1.1. The commission shall not exercise jurisdiction over: (1) advanced services (as defined in 47 CFR 51.5); (2) broadband service, however defined or classified by the Federal Communications Commission; (3) information service (as defined in 47 U.S.C. 153; (4) Internet Prot…

Sec. 1.2. Except as provided in sections 1.5(b) and 13 of this chapter, after March 27, 2006, the commission shall not exercise jurisdiction over any nonbasic telecommunications service. As added by P.L.27-2006, SEC.15. Amended by P.L.1-2007, SEC.70; P.L.256-2013, SEC.2.

Sec. 1.3. A provider that offers basic telecommunications service in Indiana: (1) must offer a flat monthly rate with unlimited local calling for basic telecommunications service in each local exchange area in Indiana in which the provider offers basic telecommunications service;…

Sec. 1.4. Except as provided in sections 1.5(b) and 13 of this chapter, after June 30, 2009, the commission shall not exercise jurisdiction over basic telecommunications service. As added by P.L.27-2006, SEC.17. Amended by P.L.1-2007, SEC.71; P.L.256-2013, SEC.4.

Sec. 1.5. (a) In acting to impose any requirements or set any prices concerning: (1) interconnection with the facilities and equipment of providers for purposes of 47 U.S.C. 251(c)(2); (2) the resale of telecommunications service for purposes of 47 U.S.C. 251(c)(4); or (3) the un…

Sec. 13. (a) As used in this section, "communications service" has the meaning set forth in IC 8-1-32.5-3. (b) As used in this section, "communications service provider" means a person or an entity that offers communications service to customers in Indiana, without regard to the …

Sec. 14. This chapter does not affect the rights and obligations of any person or entity concerning the payment of switched network access rates or other carrier compensation concerning: (1) Internet Protocol enabled services; (2) advanced services (as defined in 47 CFR 51.5); (3…

Sec. 15. If there is a conflict between this chapter and another provision of this article, this chapter controls. As added by P.L.27-2006, SEC.26. Amended by P.L.256-2013, SEC.11.

Sec. 17. The commission may delegate to staff the authority to grant requests for numbering resources submitted through the safety valve process established by the Federal Communications Commission as provided In the Matter of Numbering Resource Optimization: Implementation of th…

Sec. 2. (a) This section applies to rules and orders that: (1) concern telecommunications service or providers of telecommunications service; and (2) may be adopted or issued by the commission under the authority of state or federal law. (b) Rules and orders described in this sec…

Sec. 4. (a) As used in this section, "committee" means the interim study committee on energy, utilities, and telecommunications established by IC 2-5-1.3-4. (b) In addition to reviewing the commission's annual report prepared under IC 8-1-1-14, the committee may also issue a repo…

Sec. 4.1. (a) Not later than: (1) July 1, 2007; and (2) July 1 of each odd-numbered year after July 1, 2007; the commission shall, through a rulemaking proceeding under IC 4-22-2 or another commission proceeding, identify and eliminate rules and policies concerning telecommunicat…

Sec. 1. (a) Except as provided by this section, this chapter does not apply to the following: (1) Excavation that is performed: (A) only with a hand tool; (B) on property owned or controlled by the person performing the excavation; and (C) to a depth not greater than twelve (12) …

Sec. 1.3. As used in this chapter, "account" refers to the underground plant protection account established by section 24 of this chapter. As added by P.L.62-2009, SEC.3.

Sec. 1.5. As used in this chapter, "advisory committee" refers to the underground plant protection advisory committee established by section 23 of this chapter. As added by P.L.62-2009, SEC.4.

Sec. 10. As used in this chapter, "operator" means a person who owns or operates an underground facility, other than an underground facility that: (1) is located on real property that the person owns or occupies; and (2) the person operates for the person's benefits. As added by …

Sec. 11. As used in this chapter, "person" means an individual, a corporation, a partnership, a limited liability company, an association, or other entity organized under the laws of any state. The term includes state, local, and federal agencies. The term does not include the as…

Sec. 11.2. As used in this chapter, "pipeline facilities" has the meaning set forth in IC 8-1-22.5-1(d). As added by P.L.62-2009, SEC.10.

Sec. 11.3. As used in this chapter, "prevailing time" means the time observed in Indianapolis, Indiana. As added by P.L.53-2024, SEC.1.

Sec. 11.4. As used in this chapter, "tolerance zone", with respect to a physical plant, means an area extending not less than: (1) the width of the underground facilities of the physical plant; plus (2) two (2) feet; above, below, and in a full radius surrounding all outer limits…

Sec. 11.5. As used in this chapter, "white lining" means the act of marking the route or boundary of a proposed excavation or demolition: (1) by means of white paint, flags, or stakes or by electronic means approved by the association; or (2) through a combination of the means de…

Sec. 12. As used in this chapter, "working day" means every day, except Saturday, Sunday, and state and national legal holidays, from 7 a.m. to 6 p.m. prevailing time. As added by P.L.69-1990, SEC.2. Amended by P.L.53-2024, SEC.4.

Sec. 13. A permit issued in accordance with a law authorizing excavation or demolition operations does not relieve a person from the responsibility of complying with this chapter. As added by P.L.69-1990, SEC.2.

Sec. 14. Except as provided in section 19 of this chapter, a person may not excavate real property or demolish a structure that is served or was previously served by an underground facility without first ascertaining in the manner prescribed by sections 16 and 18 of this chapter …

Sec. 15. (a) An operator that has underground facilities located in Indiana must become a member of the association and shall provide the following information to the association: (1) The name of each township and county in which the operator has underground facilities, including…

Sec. 16. (a) Except as provided in section 19 of this chapter, before commencing an excavation or demolition operation described in section 14 of this chapter, each person responsible for the excavation or demolition shall: (1) serve notice on the association of the person's inte…

Sec. 16.5. (a) A person responsible for: (1) a construction project; or (2) any other project or operation; that will involve an excavation or demolition operation described in section 14 of this chapter may voluntarily, before commencing preliminary engineering studies or constr…

Sec. 17. (a) An operator that has underground facilities located in Indiana must be a member of the Indiana Underground Plant Protection Service or its successor organization. The articles of incorporation or the bylaws of the Indiana Underground Plant Protection Service or its s…

Sec. 18. (a) Subject to subsection (m), an operator to which the association provides a notice of intent under section 16 of this chapter shall comply with subsection (b) not later than: (1) 7 a.m. prevailing time on the next working day that follows the elapse of two (2) full wo…

Sec. 18.5. (a) This section applies to any new or replacement underground facility that an operator installs or causes to be installed after June 30, 2020, in any public right-of-way or on any private property. (b) Subject to any other applicable federal or state laws or regulati…

Sec. 19. (a) A person responsible for emergency excavation or demolition to ameliorate an imminent danger to life, health, property, or loss of service is not required to comply with the notice requirements of section 16 of this chapter. However, that person shall: (1) as soon as…

Sec. 2. As used in this chapter, "approximate location" means a strip of land at least four (4) feet wide but not wider than the width of the underground facility plus two (2) feet on either side of the outer limits of the physical plant. As added by P.L.69-1990, SEC.2. Amended b…

Sec. 20. (a) In addition to the notice required in section 16 of this chapter, a person responsible for an excavation or demolition operation under section 14 of this chapter shall do all of the following: (1) Plan the excavation or demolition to avoid damage to or minimize inter…

Sec. 21. (a) Except as provided in subsection (b), a person responsible for an excavation or a demolition operation under section 14 of this chapter that results in damage to an underground facility shall: (1) immediately upon discovery of the damage, notify the operator of the f…

Sec. 22. (a) If an operator suffers a pecuniary loss as a result of a violation of this chapter, the operator may bring a civil action against the person who caused the loss for the following: (1) An amount equal to the operator's actual damage to the facility. (2) The costs of t…

Sec. 23. (a) The underground plant protection advisory committee is established. (b) The advisory committee consists of the following seven (7) members appointed by the governor: (1) One (1) member representing the association. (2) One (1) member representing investor owned gas u…

Sec. 24. (a) The underground plant protection account is established to provide funding for the following programs established and administered by the commission: (1) Public awareness programs concerning underground plant protection. (2) Training and educational programs for cont…

Sec. 25. An operator of a pipeline facility that violates this chapter may be subject to a civil penalty imposed by the commission under IC 8-1-22.5 in addition to a penalty or fine imposed under this chapter. As added by P.L.62-2009, SEC.21.

Sec. 26. The commission shall adopt rules under IC 4-22-2 to carry out its responsibilities under this chapter. As added by P.L.62-2009, SEC.22.

Sec. 3. As used in this chapter, "association" means an organization that is: (1) formed in Indiana to provide for mutual receipt of notice of excavation or demolition for the organization's members; (2) known as the Indiana Underground Plant Protection Service (or its successor …

Sec. 3.5. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3. As added by P.L.200-2014, SEC.1.

Sec. 4. As used in this chapter, "damage" means: (1) the substantial weakening of structural or lateral support of an underground facility; (2) the penetration or destruction of a protective coating, a housing, or another protective device of an underground facility; (3) the part…

Sec. 5. As used in this chapter, "demolish" means an operation in which a structure or mass of material is wrecked, raised, rendered, moved, or removed by means of tools, equipment, or discharge of explosives. As added by P.L.69-1990, SEC.2.

Sec. 5.2. As used in this chapter, "design information notice" means a notification that: (1) is voluntarily submitted to the association under section 16.5 of this chapter by a person providing professional services in connection with: (A) a construction project; or (B) any othe…