Indiana Code 8-1-32.5-14. Exemption from local franchises and fees; access to public 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 tr…
(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 issued under IC 8-1-2 before July 1, 2009;
Terms Used In Indiana Code 8-1-32.5-14
- communications service: refers to any of the following:
Indiana Code 8-1-32.5-3
- communications service provider: means a person or an entity that offers communications service to customers in Indiana, without regard to the technology or medium used by the person or entity to provide the communications service. See Indiana Code 8-1-32.5-4
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
(A) including a public right-of-way under the control of a county or municipality as provided in IC 8-1-2-101; but
(B) not including rights-of-way, property, or projects that are the subject of a public-private agreement under IC 8-15.5 or IC 8-15.7 or communications systems infrastructure, including all infrastructure used for wireless communications, owned by or under the jurisdiction of the Indiana finance authority or the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities; and
(3) shall be designated as a public utility solely as that term is used in 23 C.F.R. § 710.403(e)(2).
As added by P.L.27-2006, SEC.55. Amended by P.L.145-2015, SEC.4; P.L.189-2019, SEC.8; P.L.177-2021, SEC.9.