§ 8-1-32.6-9 — Owners, operators, and developers of multitenant real estate; prohibited acts; reasonable conditions on access; right of action

Indiana § 8-1-32.6-9

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 32.6: Access to Real Property by Communications Service

Text

(a) Except as provided in subsection (b), the
owner, operator, or developer of multitenant real estate located in a
service area in which one (1) or more communications service
providers are authorized to provide communications service may not
do any of the following:
(1) Prevent a communications service provider from installing on
the premises communications service equipment that an occupant
requests.
(2) Interfere with a communications service provider's installation
on the premises of communications service equipment that an
occupant requests.
(3) Discriminate against a communications service provider or
impose unduly burdensome conditions on the terms, conditions,
and compensation for a communications service provider's
installation of communications service equipment on the
premises.
(4) Demand or accept an unreasonable payment from:
(A) an occupant; or
(B) a communications service provider;
in exchange for allowing the communications service provider
access to the premises.
(5) Discriminate against or in favor of an occupant in any manner,
including charging higher or lower rental charges to the occupant,
because of the communications service provider from which the
occupant receives communications service.
(b) This section does not prohibit the owner, operator, or developer
of multitenant real estate from doing any of the following:
(1) Imposing a condition on a communications service provider
that is reasonably necessary to protect:
(A) the safety, security, appearance, or condition of the
property; or
(B) the safety and convenience of other persons.
(2) Imposing a reasonable limitation on the hours during which a
communications service provider may have access to the premises
to install communications service equipment.
(3) Imposing a reasonable limitation on the number of
communications service providers that have access to the
premises, if the owner, operator, or developer can demonstrate a
space constraint that requires the limitation.
(4) Requiring a communications service provider to agree to
indemnify the owner, operator, or developer for damage caused
by installing, operating, or removing communications service
equipment on or from the premises.
(5) Requiring an occupant or a communications service provider
to bear the entire cost of installing, operating, or removing
communications service equipment.
(6) Requiring a communications service provider to pay
compensation for access to or use of the premises, as long as the
compensation is:
(A) reasonable; and
(B) nondiscriminatory;
among communications service providers.
(c) For purposes of this subsection, an "affected person" includes
the following:
(1) An occupant that is a current or potential subscriber of
communications service on the premises of multitenant real
estate.
(2) A unit in which multitenant real estate is located, acting on
behalf of:
(A) a person described in subdivision (1); or
(B) other similarly situated persons.
(3) A communications service provider.
An affected person that alleges a violation of this section by the owner,
operator, or developer of multitenant real estate may seek equitable or
compensatory relief in a court having jurisdiction. The party prevailing
in any action filed under this section is entitled to recover the costs of
the action, including reasonable attorney's fees as determined by the
court.

Legislative History

As added by P.L.27-2006, SEC.56.