§ 32-30-16-8 — Installing new communications infrastructure or making capacity available through existing infrastructure; written notice to property owner required; contents; electricity supplier's plan for making broadband Internet service available; delivery of notice; duty to resend notice; resetting of time period for bringing cause of action; confidential information; no liability for broadband plan

Indiana § 32-30-16-8

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 30: CAUSES OF ACTION CONCERNING REAL
• Ch. 16: Utility Easements

Text

(a) This section applies to an electricity
supplier that:
(1) installs new communications infrastructure; or
(2) makes capacity available for communications service through
existing communications infrastructure;
within an electric easement under this chapter.
(b) As used in this section, "notice" means a written letter:
(1) that is sent by first class mail by the electricity supplier to the
property owner; and
(2) that includes the following information:
(A) The name, address, and telephone number of the electricity
supplier, along with a named point of contact for the electricity
supplier.
(B) Either:
(i) the address and name associated with the impacted
property; or
(ii) if the name of the property owner is not known by the
electricity supplier, the address associated with the affected
property, with the letter addressed to "The property owner of
(street address, city, state, and ZIP code of the affected
property)".
(C) A citation to this chapter.
(D) A statement indicating the electricity supplier's intent to:
(i) install new communications infrastructure; or
(ii) make capacity available for communications service
through existing communications infrastructure;
as applicable, within the electric easement.
(E) An estimate of when:
(i) installation of new communications infrastructure will
occur; or
(ii) communications service will be made available through
existing communications infrastructure;
as applicable, within the electric easement.
(F) A statement explaining the electricity supplier's right to
record a new easement under section 14 of this chapter.
(G) A summary of the property owner's right to obtain an
appraisal under section 11 of this chapter and to bring an action
under section 12 of this chapter, including:
(i) a statement of the time limit for bringing an action, as set
forth in section 10 of this chapter; and
(ii) a statement explaining that the property owner is
precluded from exercising the rights that are otherwise
available to the property owner under sections 11 and 12 of
this chapter if the property owner signs an agreement, a
master agreement, or an affidavit described in section 9 of
this chapter.
(H) Subject to subsections (f) and (g), a written plan for making
broadband Internet service available within the electricity
supplier's electric service territory, including the following
information, to the extent the information is available to and
known by the electricity supplier:
(i) A description of the proposed area or areas in which the
broadband Internet service is to be made available.
(ii) A map of the proposed area or areas identified under item
(i).
(iii) A proposed timetable for making broadband Internet
service available in the area or areas identified under item (i).
(iv) A statement as to whether the electricity supplier, an
affiliated entity, or a third party would provide the broadband
Internet service to be made available.
(v) The anticipated costs to the electricity supplier's members
of any infrastructure necessitated by the plan.
(c) An electricity supplier shall provide notice to a property owner
upon whose property the electricity supplier will:
(1) install new communications infrastructure; or
(2) make capacity available for communications service through
existing communications infrastructure;
within an electric easement under this chapter. An electricity supplier's
provision of a notice that substantially conforms to the requirements set
forth in subsection (b) constitutes the provision of notice for purposes
of this section.
(d) Delivery of notice under this section occurs on the date upon
which the notice is mailed by an electricity supplier to a property
owner. An electricity supplier may prove delivery of notice under this
section by any official or generally accepted time stamped document,
whether maintained in physical form or electronically by the electricity
supplier. A court shall accept proof described in this section in a
proceeding under section 12 of this chapter.
(e) If:
(1) installation of new communications infrastructure does not
occur; or
(2) communications service is not made available through
existing communications infrastructure;
within the electric easement within one hundred eighty (180) days after
notice under this section is delivered, as determined under subsection
(d), the electricity supplier shall resend notice under this section to the
property owner, and the time period set forth in section 10 of this
chapter restarts based on the date the subsequent notice is delivered, as
determined under subsection (d). A property owner's exclusive remedy
for an electricity supplier's failure to provide notice as required under
this section is the resetting of the time period set forth in section 10 of
this chapter.
(f) This section does not require an electricity supplier, an affiliated
entity of an electricity supplier, or a communications service provider
to disclose confidential and proprietary business plans and other
confidential information.
(g) The failure of an electricity supplier to:
(1) make broadband Internet service available in any area
identified in the plan required by subsection (b)(2)(H);
(2) meet the proposed timetable for making broadband Internet
service available in any area identified in the plan required by
subsection (b)(2)(H);
(3) accurately estimate the costs to the electricity supplier's
members of any infrastructure necessitated by the plan required
by subsection (b)(2)(H); or
(4) otherwise take any actions described in, or related to, the plan
required by subsection (b)(2)(H);
does not create any liability with respect to the electricity supplier
beyond that which would otherwise apply under applicable law and,
except as provided in section 1(c) of this chapter, does not preclude the
electricity supplier from using the procedures set forth in this chapter.

Legislative History

As added by P.L.236-2017, SEC.1.