Title 8, UTILITIES AND TRANSPORTATION

Sec. 16. (a) Except as provided in section 21 of this chapter, after June 30, 2006: (1) the commission is the sole franchising authority (as defined in 47 U.S.C. 522(10)) for the provision of video service in Indiana; and (2) a unit may not: (A) require a provider to obtain a sep…

Sec. 17. (a) Not later than fifteen (15) business days after the commission receives an application under section 16 of this chapter, the commission shall determine whether the application is complete and properly verified. If the commission determines that the application is inc…

Sec. 18. Subject to the notice requirements under section 20 of this chapter, a certificate issued under this chapter may be transferred to any successor in interest of the holder to which the certificate is originally granted. As added by P.L.27-2006, SEC.58.

Sec. 19. A certificate issued under this chapter may be terminated by the holder by submitting notice to the commission under section 20 of this chapter. As added by P.L.27-2006, SEC.58.

Sec. 2. As used in this chapter, "certificate" refers to a certificate of franchise authority issued by the commission under section 17 of this chapter. As added by P.L.27-2006, SEC.58.

Sec. 20. (a) In connection with, or as a condition of receiving, a certificate under this chapter, the commission shall require a holder to notify the commission, after the issuance of a certificate, of any of the following changes involving the holder or the certificate issued: …

Sec. 21. (a) For purposes of this section, a provider is considered to be a holder of a local franchise on June 30, 2006, if: (1) the provider; or (2) any affiliate or successor entity of the provider; holds a local franchise to provide video service in a unit on June 30, 2006. (…

Sec. 22. (a) A provider that elects to terminate a local franchise under section 21 of this chapter remains subject to the contractual rights, duties, and obligations incurred by the provider that are owed to any private person. (b) All liens, security interests, royalties, and o…

Sec. 23. (a) Except as provided in subsection (b), the holder of a certificate under this chapter shall, at the end of each calendar quarter, determine under subsections (c) and (d) the gross revenue received during that quarter from the holder's provision of video service in eac…

Sec. 24. (a) Subject to subsection (f), not later than forty-five (45) days after the end of each calendar quarter, the holder shall pay to each unit included in the holder's service area under a certificate issued under this chapter a franchise fee equal to: (1) the amount of gr…

Sec. 24.5. (a) This section applies to any unit that receives franchise fees paid to the unit under: (1) a certificate issued by the commission under this chapter; or (2) an unexpired local franchise issued by the unit before July 1, 2006; with respect to a particular calendar ye…

Sec. 25. (a) This section applies in a unit that: (1) is included in the service area of a holder of a certificate issued under this chapter; and (2) requires a provider described in section 21(a) of this chapter to provide PEG channel capacity, facilities, or financial support u…

Sec. 26. (a) This section applies in a unit or an unincorporated area of Indiana that: (1) is included in the service area of a holder of a certificate issued under this chapter; and (2) does not require a provider described in section 21(a) of this chapter to provide PEG channel…

Sec. 26.5. (a) This section applies in a unit: (1) that is included in the service area of a holder of a certificate issued under this chapter; and (2) in which a provider is required to provide PEG channel capacity: (A) under a local franchise issued to the provider by the unit …

Sec. 27. (a) The operation of a PEG channel provided under section 25, 26, or 26.5 of this chapter is the responsibility of the unit or unincorporated area that receives the benefit of the channel, and the holder or other provider is responsible only for the transmission of the c…

Sec. 28. (a) This section applies to the following: (1) A provider that holds a certificate issued by the commission under this chapter. (2) A provider that provides video service under a local franchise, as permitted under section 21(b)(1) of this chapter. (b) Subject to section…

Sec. 29. (a) This section applies to a provider that holds a local franchise to provide video service in a unit at any time before July 1, 2009, regardless of whether: (1) the provider elects: (A) under section 21(b)(1) of this chapter, to continue providing video service under t…

Sec. 3. 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.58.

Sec. 30. (a) As used in this section, "designated employee" means a holder's: (1) employee; or (2) authorized agent; whom the holder designates or will designate to receive direct marketing authority. (b) As used in this section, "direct marketing authority" means the authority g…

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 …

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 …

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.

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.

Sec. 8. As used in this chapter, "local franchise" means an initial authorization, or a renewal of an authorization, that: (1) is issued by a unit before July 1, 2006; and (2) authorizes the construction or operation of a video service system in a designated service area in the u…

Sec. 9. As used in this chapter, "other programming service" refers to information that a provider makes available to all subscribers generally. As added by P.L.27-2006, SEC.58.

Sec. 1. As used in this chapter, "unusually large bill" means a residential water bill that reflects monthly water usage, in whatever units measured, that is at least two (2) times the customer's average monthly usage at the premises. As added by P.L.53-2004, SEC.1. Amended by P.…

Sec. 2. As used in this chapter, "utility" refers to a water utility owned or operated by a municipality. As added by P.L.53-2004, SEC.1. Amended by P.L.2-2005, SEC.27.

Sec. 3. Notwithstanding IC 8-1-2-103(a), a utility may adjust an unusually large bill if the excess usage reflected in the bill is caused by physical damage to any facility or equipment supplying water to the premises and the damage: (1) is not visible or detectable on the custom…

Sec. 4. A utility that elects to adjust unusually large bills must do so in accordance with policies adopted by the utility. The utility's policies must specify the procedures by which a customer may request an adjustment and prove the damage described in section 3 of this chapte…

Sec. 1. (a) A county may lease a bridge and pay the lease rental from the cumulative bridge fund and levy under IC 8-16-3. (b) A contract of lease may not be entered into unless there is first filed with the county executive a petition for a longer lease, signed by fifty (50) or …

Sec. 2. If two (2) or more counties propose to enter into a lease contract jointly, then separate meetings of the county executives may be held, but no action taken shall be binding on any county unless approved by a majority of the county executives. Any lease contract executed …

Sec. 3. Any county may enter into a contract of lease under the provisions of this chapter with any (profit or not-for-profit) corporation organized under the laws of the state or duly admitted to do business in the state. Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-…

Sec. 4. All contracts of lease may provide that a county has the option to purchase the bridge before the expiration of the lease contract, the terms and conditions of the purchase to be specified in the lease, subject to the approval of the department of local government finance…

Sec. 5. Not-for-profit corporations proposing to build a bridge may assist the lessee, before the execution of a contract of lease, in the preparation and acquisition of plans, specifications, and estimates for the bridge, or the lessee may prepare or otherwise acquire plans and …

Sec. 5.5. Notwithstanding any other provision of this chapter, a contract of lease with any profit corporation is subject to competitive bid and may only be entered into after compliance with the following: (1) The lessee shall prepare and place on file in the lessee's offices a …

Sec. 6. A contract of lease may provide that as a part of the lease rental for a bridge the lessee shall agree to pay all taxes and assessments levied against or on account of the leased bridge and to maintain insurance for the benefit of the lessor corporation. The county may in…

Sec. 7. (a) A county may, in anticipation of the construction of a bridge, make and enter into a contract of lease with the lessor corporation subject to the approval of the department of local government finance prior to the actual acquisition of a site and the construction of t…

Sec. 8. (a) When the lessor corporation and the county have agreed upon the terms and conditions of any lease proposed to be entered into under this chapter and before the final execution of the lease, a notice must be published in accordance with IC 5-3-1 of a hearing before the…

Sec. 9. All bridges leased by a lessor corporation contracting with a county under this chapter are exempt from all state, county, and other taxes. Formerly: Acts 1975, P.L.92, SEC.2. As amended by P.L.86-1988, SEC.32.

Sec. 1. This chapter applies to the following: (1) Each county having a consolidated city. (2) Each city having a population of more than sixty-nine thousand (69,000) and less than sixty-nine thousand five hundred (69,500). (3) Each county having a population of more than one hun…

Sec. 1.5. (a) This section does not apply to a parcel that is included in more than one (1) allocation area established by: (1) an ordinance adopted under section 5 of this chapter and confirmed under section 6 of this chapter; (2) a resolution adopted under IC 6-1.1-39-2 and con…

Sec. 11. (a) The state board of accounts and the department of local government finance shall make the rules and prescribe the forms and procedures that the state board of accounts and department consider appropriate for the implementation of this chapter. (b) After each reassess…

Sec. 15. (a) As used in this section, "state income tax liability" means a tax liability that is incurred under: (1) IC 6-3-1 through IC 6-3-7 (the adjusted gross income tax); or (2) any other tax imposed by this state and based on or measured by either gross income or net income…

Sec. 2. As used in this chapter, "commission" refers to the following: (1) With respect to a county having a consolidated city, the metropolitan development commission acting as the redevelopment commission of the consolidated city, subject to IC 36-3-4-23. (2) With respect to a …

Sec. 2.5. Notwithstanding IC 8-22-1-6, as used in this chapter, "eligible entity" refers to any of the following: (1) A consolidated city. (2) A city described in section 1(2) of this chapter. (3) A city in a county described in section 1(3) of this chapter. (4) A county describe…

Sec. 3. (a) As used in this chapter, "qualified airport development project" means an airport development project that has a cost of the project (as defined in IC 5-1.2-2) greater than: (1) five hundred million dollars ($500,000,000), if the project is to be located in a county h…