§ 8-1-32.7-5 — Use of I-Light to provide communications service prohibited; exceptions; existing contractual obligations

Indiana § 8-1-32.7-5

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 32.7: Use and Provision of Communications Service by the

Text

(a) Except as provided in subsections (b) and
(c) and in IC 21-28-5, after March 31, 2012, I-Light may not be used
to offer or provide, directly or indirectly, communications service to the
public or to any private or governmental entity.
(b) This section does not prohibit the use of I-Light for any of the
following:
(1) The provision of communications service to the extent used
solely for 911 service or any other emergency or law enforcement
purpose.
(2) The provision of communications service to a state
educational institution or a private postsecondary educational
institution in furtherance of education or research for the direct
benefit of students, faculty, or staff. The provision of
communications service under this subdivision may include the
provision of communications service to a person that is not a state
educational institution or a private postsecondary educational
institution if:
(A) the person has a research and development relationship
with a state educational institution or a private postsecondary
educational institution; and
(B) the communications service required by and provided to the
person:
(i) is a one (1) gigabit per second or greater network
connection;
(ii) is used in furtherance of the research and development
relationship only;
(iii) is provided only for a specific research and development
project;
(iv) is provided only for the limited duration of the specific
research and development project; and
(v) is not provided in competition with private sector
communications service providers' provision of
communications service.
(3) The provision of communications service to member licensees
of Indiana Public Broadcasting Stations, Inc., for the direct benefit
of public broadcasting.
(c) Notwithstanding subsection (a), the state remains subject to any
contractual rights, duties, and obligations incurred by the state and
owed to any private person under a contract for the provision of
communications service that was entered into by the state before April
1, 2012, and that remains in effect after March 31, 2012. All liens,
security interests, royalties, and other contracts, rights, and interests
owed to a private person under the contract continue in full force and
effect and must be paid or performed by the state in the manner
specified in the contract, subject to the right of the state and all other
contracting parties to renegotiate the terms of the contract at any time
before the expiration of the contract.

Legislative History

As added by P.L.79-2012, SEC.1. Amended by P.L.119-2024, SEC.3.