§ 8-1-2-5 — Joint use of facilities; failure of parties to agree; resolution by commission

Indiana § 8-1-2-5

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2: Utility Regulation

Text

(a) Every public utility, every communications
service provider, every municipality, and every person, association,
limited liability company, or corporation having tracks, conduits,
subways, poles, or other equipment on, over, or under any street or
highway shall for a reasonable compensation, permit the use of the
same by any other public utility or communications service provider or
by a municipality owning or operating a utility, whenever public
convenience and necessity require such use, and such use will not
result in irreparable injury to the owner or other users of such
equipment, nor in any substantial detriment to the service to be
rendered by such owners or other users. If any prospective consumers
or patrons of any public utility for the production, transmission,
delivery, or furnishing of light or power, living in territory outside of
cities and towns, and within not to exceed one-half (1/2) mile of the
transmission line of such utility, shall agree to and shall construct and
install the necessary equipment, in compliance with plans and
specifications prescribed by such utility, such public utility shall permit
the necessary physical connection or connections to be made and
service to be furnished to the person or persons who have constructed
and installed such equipment.
(b) In case of failure to agree upon such use or the terms and
conditions or compensations for such use, any public utility, any
communications service provider, or any person, association, limited
liability company, or corporation interested may apply to the
commission and if after investigation the commission shall ascertain
that public convenience and necessity require such use, and that such
use would not result in irreparable injury to the owner or other users of
such equipment or the facilities of such public utilities, nor in any
substantial detriment to the service to be rendered by such owner or
other public utilities or other users of such equipment or facilities, it
shall by order direct that such use be permitted and prescribe
reasonable conditions and compensations for such joint use.
(c) Such use so ordered shall be permitted, and such conditions and
compensation so prescribed for such use shall be lawful conditions and
compensations for such use, to be observed, followed, and paid, subject
to recourse to the courts upon the complaint of any interested party as
provided in sections 73 and 74 of this chapter and IC 8-1-3, and such
statute so far as applicable shall apply to any action arising on such
complaint so made. Any such order of the commission may be from
time to time revised by the commission upon application of any
interested party or upon its own motion.
(d) This section does not affect the commission's authority under IC 8-1-2.6.
Formerly: Acts 1913, c.76, s.8; Acts 1933, c.190, s.3; Acts
1935, c.293, s.2. As amended by P.L.59-1984, SEC.11; P.L.8-1993,
SEC.106; P.L.145-2015, SEC.2.