Sec. 3. As used in this chapter, the following terms have the following meanings unless a different meaning clearly appears from the context:

(1) “Acquire” means to obtain by construction, purchase, lease, devise, gift, eminent domain, or by any other lawful means.

Terms Used In Indiana Code 8-1-17-3

  • Board: means the board of directors of a cooperative corporation. See Indiana Code 8-1-17-3
  • communications: means construction, engineering, financial, accounting, or educational services incidental to communications service. See Indiana Code 8-1-17-3
  • Cooperative corporation: means a corporation formed under this chapter. See Indiana Code 8-1-17-3
  • 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.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • System: includes any plant, works, system, facilities, or properties, together with all parts of and appurtenances to the plant, works, system, facilities, or properties, used or useful in communications service. See Indiana Code 8-1-17-3
(2) “Board” means the board of directors of a cooperative corporation.

(3) “Communications facilities” includes all buildings, plants, works, structures, improvements, fixtures, apparatus, materials, supplies, machinery, tools, implements, poles, posts, crossarms, conduits, ducts, underground or overhead lines, wires, cables, fibers, exchanges, switches, desks, testboards, frames, racks, motors, generators, batteries, and other items of central office equipment, paystations, protectors, instruments, connections, and appliances, office furniture and equipment, work equipment, and all other property used in connection with the provision of communications services.

(4) “Communications service”:

(A) has the meaning set forth in IC 8-1-32.5-3; and

(B) includes all facilities or systems used in the rendition of the service.

(5) “Cooperative corporation” means a corporation formed under this chapter.

(6) “Facilities based local exchange carrier” has the meaning set forth in IC 8-1-32.4-5.

(7) “General cooperative corporation” means a cooperative corporation formed to render services to local cooperative corporations.

(8) “Improve” includes construct, reconstruct, extend, enlarge, alter, better, or repair.

(9) “Local cooperative corporation” means a cooperative corporation formed to render communications services within Indiana.

(10) “Local exchange service” has the meaning set forth in IC 8-1-32.4-8.

(11) “Member” includes each individual signing the articles of incorporation of a cooperative corporation and each person admitted to membership of the cooperative corporation under law and the corporation’s bylaws.

(12) “Obligations” includes negotiable bonds, notes, debentures, interim certificates or receipts, and other evidences of indebtedness, either issued or the payment of which is assumed by a cooperative corporation.

(13) “Person” or “inhabitant” includes an individual, a firm, an association, a corporation, a limited liability company, a business trust, and a partnership.

(14) “Service” or “services”, when not accompanied by the word “communications”, means construction, engineering, financial, accounting, or educational services incidental to communications service.

(15) “System” includes any plant, works, system, facilities, or properties, together with all parts of and appurtenances to the plant, works, system, facilities, or properties, used or useful in communications service.

Formerly: Acts 1951, c.193, s.3. As amended by P.L.59-1984, SEC.74; P.L.23-1988, SEC.56; P.L.97-1993, SEC.1; P.L.8-1993, SEC.127; P.L.27-2006, SEC.41; P.L.7-2015, SEC.11; P.L.49-2018, SEC.3; P.L.81-2020, SEC.7.