Sec. 9. (a) The office shall adopt guidelines to implement this chapter, including guidelines governing:

(1) the form and content of requests to provide qualified broadband service to an unserved area;

Terms Used In Indiana Code 4-4-38-9

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • office: refers to the office of community and rural affairs established by Indiana Code 4-4-38-1
  • qualified broadband service: means a connection to the Internet that provides capacity for transmission at an actual speed of at least ten (10) megabits per second downstream and at least one (1) megabit per second upstream, regardless of the technology or medium used to provide the connection. See Indiana Code 4-4-38-5
  • unserved area: means a geographic area of Indiana, identified at the census block level, in which there is not at least one (1) provider of terrestrial broadband service offering a connection to the Internet that provides capacity for transmission at an actual speed of at least ten (10) megabits per second downstream and at least one (1) megabit per second upstream. See Indiana Code 4-4-38-6
(2) the form and content of applications for grants under this chapter;

(3) a competitive bidding process or a process for requests for proposals for qualified broadband projects;

(4) a process by which a broadband provider may challenge the designation of an area as unserved; and

(5) a process by which:

(A) a person may, in a petition filed with the office, provide evidence that one (1) or more locations within one (1) or more census blocks are unserved areas; and

(B) upon the filing of a petition described in clause (A):

(i) the office notifies all broadband providers operating in all census blocks included in the petition; and

(ii) those broadband providers have the opportunity to demonstrate to the office that the locations included in the petition are already served with qualified broadband service or will be served with qualified broadband service not later than eighteen (18) months after the date of the application for a grant under this chapter.

     (b) In adopting the guidelines described in subsection (a) or in otherwise administering this chapter, the office may collaborate with or seek guidance from:

(1) the Indiana economic development corporation established by IC 5-28-3-1;

(2) the broadband ready communities development center established by IC 5-28-28.5-5;

(3) the Indiana department of transportation established by IC 8-23-2-1; and

(4) any other agencies of the state or of political subdivisions of the state.

As added by P.L.177-2018, SEC.5.