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 communications facilities.

Terms Used In Indiana Code 8-1-32.3-17

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • 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 structures. See Indiana Code 8-1-32.3-8
  • wireless support structure: means a freestanding structure that is:

    Indiana Code 8-1-32.3-14

(2) Authorizing or approving tax incentives for wireless or wireline communications facilities.

(3) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned or controlled by the permit authority.

     (b) A permit authority may not impose a fall zone requirement that:

(1) applies to a wireless support structure; and

(2) is larger than the area within which the wireless support structure is designed to collapse, as set forth in the applicant’s engineering certification for the wireless support structure.

However, a permit authority may impose a fall zone requirement that is larger than the area described in subdivision (2) if the permit authority provides evidence that the applicant’s engineering certification is flawed. The permit authority’s evidence must include a study performed and certified by a professional engineer.

     (c) Except as described in section 26(a) of this chapter with respect to small cell facilities, and subject to the restrictions under 14 C.F.R. part 77, 47 C.F.R. part 17, and IC 8-21-10, a permit authority may not impose:

(1) a restriction on the maximum height of a wireless support structure; or

(2) a requirement regarding minimum separation distances between wireless support structures.

As added by P.L.145-2015, SEC.3. Amended by P.L.177-2021, SEC.7.

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