Title 8, TITLE 8. UTILITIES AND TRANSPORTATION

337 chapters · 3,744 sections in this title.

3,744 sectionsFiltered byTitle 8

Ind. Code § 8-1-32.3-12 "Utility pole"
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Sec. 12. As used in this chapter, "utility pole" means a structure that is: (1) owned or operated by: (A) a public utility; (B) a communications service provider; (C) a municipality; (D) an electric membership corporation; or (E) a rural electric cooperative; and (2) designed or …
Ind. Code § 8-1-32.3-12.5 "Wireless communications service"
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Sec. 12.5. As used in this chapter, "wireless communications service" means services, whether mobile or at a fixed location, that are provided using wireless facilities through licensed or unlicensed spectrum. As added by P.L.261-2017, SEC.5.
Ind. Code § 8-1-32.3-13 "Wireless facility"
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Sec. 13. As used in this chapter, "wireless facility" means the set of equipment and network components that are: (1) owned and operated by a communications service provider; and (2) necessary to provide wireless communications service. The term does not include a wireless suppor…
Ind. Code § 8-1-32.3-14 "Wireless support structure"
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Sec. 14. (a) As used in this chapter, "wireless support structure" means a freestanding structure that is: (1) designed to support; or (2) capable of supporting; wireless facilities. (b) The term does not include a utility pole or an electrical transmission tower. As added by P.L…
Ind. Code § 8-1-32.3-15 Permits; exemptions; areas designated for underground or
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buried utilities; notice of permit applications; neighborhood specific guidelines; historic preservation districts and areas; identification of owner of small cell facility and supporting structure; areas designated for underground or buried utilities after April 14, 2017, and be…
Ind. Code § 8-1-32.3-16 Application fees; prohibited unless required for similar types
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of development; limitations Sec. 16. (a) A permit authority may not require an applicant to pay a fee associated with the submission, review, processing, or approval of an application for a permit unless the permit authority requires payment of the same or a similar fee for appli…
Ind. Code § 8-1-32.3-17 Discrimination among providers or utilities prohibited; limits
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on fall zone requirements; maximum height restrictions or minimum separation distance requirements prohibited Sec. 17. (a) A permit authority may not discriminate among communications service providers or public utilities with respect to the following: (1) Approving applications,…
Ind. Code § 8-1-32.3-18 Zoning, land use, planning, and permitting authority not
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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 sup…
Ind. Code § 8-1-32.3-19 Eligible applicants; application requirements
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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…
Ind. Code § 8-1-32.3-20 Application to construct new wireless support structure;
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requirements; review for completeness; notification of approval or denial; additional time for review 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…
Ind. Code § 8-1-32.3-21 Application for substantial modification of wireless support
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structure; requirements; review for completeness; notification of approval or denial; additional time for review 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 …
Ind. Code § 8-1-32.3-22 Application for collocation; requirements; conformance with
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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 …
Ind. Code § 8-1-32.3-23 Written notice of approval or denial; basis for decision;
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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…
Ind. Code § 8-1-32.3-25 Utility poles and electrical transmission towers; requirements
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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.
Ind. Code § 8-1-32.3-26 Small cell facilities; exemption for placement in right-of-way;
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small cell networks; application fees; permit authority's proposed alternative location; procedures and time for review; prohibited acts by permit authority; safety regulations for use of public right-of-way; utility poles owned or controlled by governmental unit Sec. 26. (a) An …
Ind. Code § 8-1-32.3-27 Collocation on privately owned utility poles, wireless support
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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 o…
Ind. Code § 8-1-32.3-3 "Business day"
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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.
Ind. Code § 8-1-32.3-4 "Collocation"
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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…
Ind. Code § 8-1-32.3-4.2 "Communications service provider"
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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.
Ind. Code § 8-1-32.3-5 "Electrical transmission tower"
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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.
Ind. Code § 8-1-32.3-6 "Equipment compound"
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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.
Ind. Code § 8-1-32.3-7 "Existing structure"
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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.
Ind. Code § 8-1-32.3-7.5 "Micro wireless facility"
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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)…
Ind. Code § 8-1-32.3-8 "Permit authority"
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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…
Ind. Code § 8-1-32.3-9 "Small cell facility"
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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…
Ind. Code § 8-1-32.4-1 Application of definitions
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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.
Ind. Code § 8-1-32.4-10 Repealed
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As added by P.L.27-2006, SEC.54. Repealed by P.L.8-2012, SEC.5.
Ind. Code § 8-1-32.4-11 Obligations of incumbent local exchange carrier as provider of
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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…
Ind. Code § 8-1-32.4-13 Relief from provider of last resort obligations; installation of
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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 n…
Ind. Code § 8-1-32.4-14 Repealed
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As added by P.L.27-2006, SEC.54. Repealed by P.L.8-2012, SEC.7.
Ind. Code § 8-1-32.4-15 Commission's declaration of emergency; order to expedite
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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 servic…
Ind. Code § 8-1-32.4-16 Exclusive service arrangements; relief from provider of last
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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 …
Ind. Code § 8-1-32.4-17 Relief from provider of last resort obligation; notice by
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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 …
Ind. Code § 8-1-32.4-2 "Approved alternative technology"
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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…
Ind. Code § 8-1-32.4-3 "Basic telecommunications service"
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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.
Ind. Code § 8-1-32.4-3.2 "Communications service provider"
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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.
Ind. Code § 8-1-32.4-4 "Exiting provider"
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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…
Ind. Code § 8-1-32.4-5 "Facilities based local exchange carrier"
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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 …
Ind. Code § 8-1-32.4-6 "Incumbent local exchange carrier"
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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.
Ind. Code § 8-1-32.4-7 "Local exchange carrier"
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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.
Ind. Code § 8-1-32.4-8 "Local exchange service"
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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.
Ind. Code § 8-1-32.4-9 "Provider of last resort"
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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.…
Ind. Code § 8-1-32.5-1 Application of chapter
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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.
Ind. Code § 8-1-32.5-10 Sale, assignment, lease, or transfer of certificate; encumbrance
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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 certif…
Ind. Code § 8-1-32.5-11 Tariff not required; customer notification requirements; tariff
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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 …
Ind. Code § 8-1-32.5-12 Notice of change
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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…
Ind. Code § 8-1-32.5-13 Record of certificates issued; public access
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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…
Ind. Code § 8-1-32.5-14 Exemption from local franchises and fees; access to public
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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…
Ind. Code § 8-1-32.5-15 Commission's authority to adopt rules
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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.
Ind. Code § 8-1-32.5-16 Ineligibility of certain communications service providers for
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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 se…