§ 8-23-5-10 — Dig once broadband corridor program for communications infrastructure in limited access highway rights-of-way; required installation of fiber conduit by excavators; fee for use of communications infrastructure; discrimination among entities requesting access prohibited; department to adopt rules

(a) The following definitions apply only
throughout this section:
(1) "Communications infrastructure" includes all facilities and
equipment used to provide communications service (as defined in
IC 8-1-32.5-3), including fiber conduit. The term does not include
a vertical structure.
(2) "Dig once program" refers to the dig once broadband corridor
program required under subsection (b).
(3) "Fiber conduit" means protective conduit of a size and
material that is suitable for underground installation of broadband
fiber infrastructure.
(4) "Limited access highway" means any roadway that is under
the jurisdiction and control of the department and that is one (1)
of the following:
(A) An interstate.
(B) A toll road, tollway, or toll bridge.
(C) U.S. 30.
(D) U.S. 31.
(5) "Vertical structure" means a privately owned structure that is
more than one hundred (100) feet above ground and that is used
primarily for providing wireless communications service. The
term includes related equipment associated with the structure,
including air conditioned equipment shelters and rooms,
electronic equipment, and supporting equipment.
(b) Not later than January 1, 2022, the department shall:
(1) implement a dig once broadband corridor program to manage
the location, installation, and maintenance of communications
infrastructure that is used for the provision of broadband services
and is located within highway rights-of-way of limited access
highways; and
(2) adopt policies, procedures, and standards under the dig once
program for required installation of fiber conduit by a public or
private entity that performs an excavation within a limited access
highway right-of-way.
(c) The dig once program shall apply only to locations along or
within a limited access highway right-of-way. The dig once program
shall not apply to the placement of communications infrastructure that
laterally crosses a roadway under the control of the department.
(d) Except as provided in subsection (e), the department shall
impose a fee for the use of communications infrastructure installed and
maintained under subsection (b). The amount of the fee may not be
more than the reasonable fair market value of the use of the highway
right-of-way within the broadband corridor.
(e) Except for portions of a U.S. route that is a limited access
highway under subsection (a)(4), with respect to state routes or U.S.
routes, the department may impose only:
(1) a one (1) time permit application fee for the location or
installation of communications infrastructure that is used for the
provision of broadband services and is placed along or within a
highway right-of-way; and
(2) routine right-of-way permit fees to enter the department's
rights-of-way for the maintenance of existing facilities.
(f) The department shall not unreasonably discriminate with respect
to the following among entities requesting access to broadband
corridors or other department controlled rights-of-way:
(1) Approving applications, issuing permits, or otherwise
establishing terms and conditions for the location, installation,
and maintenance of communications infrastructure used for the
provision of broadband services.
(2) Providing access to rights-of-way, infrastructure, utility poles,
river and bridge crossings, and other physical assets owned,
controlled, or managed by the department.
(3) The type of technology deployed for the provision of
broadband services.
However, nothing in this subsection abrogates or limits the
department's authority under IC 8-23 to safely and efficiently manage
and operate the state highway system and associated highway
rights-of-way for the benefit of the traveling public.
(g) The department shall adopt rules under IC 4-22-2 to establish the
policies, procedures, and standards required under subsection (b) and
to otherwise implement this section.

Legislative History

As added by P.L.189-2019, SEC.10. Amended by P.L.156-2021, SEC.1; P.L.93-2024, SEC.86.