§ 8-1-32.3-17 — Discrimination among providers or utilities prohibited; limits on fall zone requirements; maximum height restrictions or minimum separation distance requirements prohibited

Indiana § 8-1-32.3-17

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 32.3: Permits for Wireless Service Providers

Text

(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.
(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 CFR Part
77, 47 CFR 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.

Legislative History

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