Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

Sec. 0.2. 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.7.

Sec. 0.3. (a) As used in this chapter, "nonbasic telecommunications service" means retail telecommunications service other than: (1) basic telecommunications service, except when the service is purchased by the customer: (A) in conjunction with another service; (B) as part of a p…

Sec. 0.4. As used in this chapter, "provider" means a person or an entity that offers basic or nonbasic telecommunications service. As added by P.L.27-2006, SEC.9.

Sec. 0.5. As used in this chapter, "rates and charges", with respect to basic telecommunications service, means the monthly charge to a customer for basic telecommunications service, including: (1) recurring charges for flat rate and message rate service; and (2) any nonrecurring…

Sec. 0.6. As used in this chapter, "telecommunications" has the meaning set forth in 47 U.S.C. 153. As added by P.L.27-2006, SEC.11. Amended by P.L.7-2015, SEC.8.

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…

jurisdiction 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, SE…

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;…

jurisdiction 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.

special access service rates and charges; filing of tariff 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…

As added by P.L.27-2006, SEC.23. Repealed by P.L.256-2013, SEC.9. IC 8-1-2.6-13 Commission's jurisdiction; reporting requirements 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, "communication…

compensation not affected 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 d…

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.

As added by P.L.27-2006, SEC.27. Repealed by P.L.107-2014, SEC.4.

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…

As added by P.L.92-1985, SEC.1. Repealed by P.L.27-2006, SEC.61.

interim study committee report to legislative council 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 …

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…

As added by P.L.92-1985, SEC.1. Repealed by P.L.27-2006, SEC.61.

As added by P.L.92-1985, SEC.1. Repealed by P.L.27-2006, SEC.62.

As added by P.L.92-1985, SEC.1. Repealed by P.L.27-2006, SEC.61.

As added by P.L.81-1988, SEC.2. Amended by P.L.27-2006, SEC.22. Repealed by P.L.256-2013, SEC.8.

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. 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. 11.5. As used in this chapter, "white lining" means the act of marking the route or boundary of a proposed excavation or demolition with white paint, flags, or stakes, or a combination of white paint, flags, and stakes. As added by P.L.62-2009, SEC.11.

Sec. 12. As used in this chapter, "working day" means every day except Saturday, Sunday, and state and national legal holidays. As added by P.L.69-1990, SEC.2.

chapter 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.

facility; location of affected structures 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 prescri…

information; association membership; penalty 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 o…

As added by P.L.114-2003, SEC.2. Repealed by P.L.62-2009, SEC.23.

notice contents and expiration; civil penalties 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) serv…

timing; association's duties on receipt; design information notice contents; operator's duties on receipt; grounds for rejection; effect 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 …

duties 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 o…

color coding of markings; pipeline facilities; alteration of markings; notice of operator's inability to locate and mark facilities Sec. 18. (a) Subject to subsection (k), each operator notified under section 16 of this chapter shall, not later than two (2) full working days afte…

2020; detection from above ground level 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 appl…

penalties 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) …

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…

mechanized equipment; civil penalties 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 demolitio…

facility; escape of flammable, toxic, or corrosive gas or liquid; duties of operator 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 facil…

defenses; injunction 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 facilit…

membership; duties and powers 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 rep…

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 …