§ 8-1-34-17 — Issuance of certificate; build-out requirements prohibited; settlement agreements approved before July 29, 2004; use of rights-of-way

(a) Not later than fifteen (15) business days
after the commission receives an application under section 16 of this
chapter, the commission shall determine whether the application is
complete and properly verified. If the commission determines that the
application is incomplete or is not properly verified, the commission
shall notify the applicant of the deficiency and allow the applicant to
resubmit the application after correcting the deficiency. If the
commission determines that the application is complete and properly
verified, the commission shall issue the applicant a certificate of
franchise authority. A certificate issued under this section must
contain:
(1) a grant of authority to provide the video service requested in
the application;
(2) a grant of authority to use and occupy public rights-of-way in
the delivery of the video service, subject to:
(A) state and local laws and regulations governing the use and
occupancy of public rights-of-way; and
(B) the police powers of local units to enforce local ordinances
and regulations governing the use and occupancy of public
rights-of-way; and
(3) a statement that the authority granted under subdivisions (1)
and (2) is subject to the holder's lawful provision and operation of
the video service.
(b) Except as provided in subsection (c) and sections 16(d) and 28
of this chapter, the commission may not require a provider to:
(1) satisfy any build-out requirements;
(2) deploy, or make investments in, any infrastructure, facilities,
or equipment; or
(3) pay an application fee, a document fee, a state franchise fee,
a service charge, or any fee other than the franchise fee paid to a
local unit under section 24 of this chapter;
as a condition of receiving or holding a certificate under this chapter.
(c) This section does not limit the commission's right to enforce any
obligation described in subsection (b) that a provider is subject to
under the terms of a settlement agreement approved by the commission
before July 29, 2004.
(d) The general assembly, a state agency, or a unit may not adopt a
law, rule, ordinance, or regulation governing the use and occupancy of
public rights-of-way that:
(1) discriminates against any provider, or is unduly burdensome
with respect to any provider, based on the particular facilities or
technology used by the provider to deliver video service; or
(2) allows a video service system owned or operated by a unit to
use or occupy public rights-of-way on terms or conditions more
favorable or less burdensome than those that apply to other
providers.
A law, a rule, an ordinance, or a regulation that violates this subsection
is void.

Legislative History

As added by P.L.27-2006, SEC.58. Amended by P.L.1-2007, SEC.77; P.L.86-2018, SEC.141.