Title 8, UTILITIES AND TRANSPORTATION

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 comm…

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 f…

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…

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. …

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…

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 sup…

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 …

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 evi…

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.

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.

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 permitt…

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 structur…

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.

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 place…

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.

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.

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.

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.

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 (C) twelve (12)…

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 st…

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 anten…

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.

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 me…

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…

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 l…

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.…

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 inc…

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 it…

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…

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.

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.

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 provi…

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 …

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.

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.

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.

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.…

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.

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 territ…

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 serv…

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 invo…

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 chap…

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…

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.

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…

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.