Introduced Version
SENATE BILL No. 502
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 8-1-2-5.5.
Synopsis: Attachments to utility poles. Provides the following with
regard to a request made to the owner of a utility pole (pole owner) by
an entity seeking authorization to attach equipment to the utility pole
(attaching entity): (1) Provides that a pole owner may deny an
attachment request only for specified reasons and specifies
requirements with regard to the pole owner's provision of notice of a
denial. (2) Provides that if a pole owner does not provide notice to an
attaching entity of the pole owner's approval or denial of the attaching
entity's attachment request by specified deadlines, the pole owner is
considered to have constructively approved the attachment request. (3)
Specifies deadlines by which the Indiana utility regulatory commission
must make a determination regarding an appeal of a denial of an
attachment request. (4) Specifies requirements for completion of
surveys and make ready work necessary for a pole attachment.
Requires a utility to provide specified information on the utility's
website regarding attachment requests.
Effective: July 1, 2025.
Zay, Koch
January 14, 2025, read first time and referred to Committee on Utilities.
2025 IN 502—LS 7289/DI 119 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 502
A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 8-1-2-5.5, AS AMENDED BY P.L.9-2022,
2 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 5.5. (a) As used in The following definitions
4 apply throughout this section:
5 (1) "Attaching entity" means a cable operator (as defined in 47
6 U.S.C. 522(5)) that seeks an attachment, or has an attachment, to
7 a pole.
8 (2) "Attachment request" means a request made by an
9 attaching entity to a pole owner for authorization to install
10 equipment on one (1) or more poles owned by the pole owner.
11 (b) (3) As used in this section, "Carrying charge factor", or "ccf",
12 refers to the carrying charge factor, as described in subsection
13 (i)(2)(B)(ii), (d)(2)(B)(ii), that is used in calculating a pole
14 attachment rental fee under subsection (i)(2)(B). (d)(2)(B).
15 (4) "Communications space" means the lower usable space on
16 a pole that is typically reserved for attachment of low voltage
17 communications equipment.
2025 IN 502—LS 7289/DI 119 2
1 (5) "Make ready work" means the modification or
2 replacement of a pole, or of the lines or equipment attached to
3 a pole, to accommodate the attachment of additional lines or
4 equipment to the pole.
5 (c) (6) As used in this section, "Net bare pole cost", or "nbp",
6 refers to the average net cost of a bare pole to the pole owner, as
7 described in subsection (i)(2)(B)(iii), (d)(2)(B)(iii), that is used in
8 calculating a pole attachment rental fee under subsection
9 (i)(2)(B). (d)(2)(B).
10 (d) (7) As used in this section, "Pole" refers to an electric
11 distribution pole.
12 (e) (8) As used in this section, "Pole owner" means a:
13 (1) (A) corporation organized under IC 8-1-13;
14 (2) (B) corporation organized under IC 23-17 that is an electric
15 cooperative and that has at least one (1) member that is a
16 corporation organized under IC 8-1-13; or
17 (3) (C) municipality providing electric service;
18 that owns or controls one (1) or more poles.
19 (f) (9) As used in this section, "Space allocation factor", or "saf",
20 with respect to a pole, means the quotient of:
21 (1) (A) the space on the pole occupied by an attaching entity;
22 divided by
23 (2) (B) the usable space on the pole;
24 as described in subsection (i)(2)(B)(i), (d)(2)(B)(i), that is used in
25 calculating a pole attachment rental fee under subsection
26 (i)(2)(B). (d)(2)(B).
27 (g) (b) Subject to subsections (h) through (s), this section, a pole
28 owner shall permit attachments by attaching entities to the poles owned
29 or controlled by the pole owner.
30 (h) (c) A rate, term, or condition imposed by a pole owner for access
31 to poles owned or controlled by the pole owner:
32 (1) must be nondiscriminatory, just, and reasonable; and
33 (2) must not favor:
34 (A) the pole owner or an affiliate of the pole owner; or
35 (B) any other entity with facilities attached to the pole.
36 (i) (d) Any pole attachment rental fee imposed by a pole owner for
37 access to poles owned or controlled by the pole owner:
38 (1) must be calculated on an annual, per-pole basis; and
39 (2) is considered to provide reasonable compensation and to be
40 nondiscriminatory, just, and reasonable if the fee:
41 (A) is agreed upon by the parties; or
42 (B) is not greater than the fee that would apply if the pole
2025 IN 502—LS 7289/DI 119 3
1 attachment rental fee were calculated by multiplying the
2 following factors:
3 (i) Subject to subsection (j), (e), the percentage of the total
4 usable space that is occupied by the pole attachment.
5 (ii) The sum of the pole owner's annual administrative,
6 maintenance, and depreciation expenses, plus cost of debt.
7 (iii) The net bare pole cost.
8 Expressed mathematically:
9 (saf) times (ccf) times (nbp)
10 (j) (e) For purposes of determining the percentage of a pole's usable
11 space that is occupied by a pole attachment under subsection
12 (i)(2)(B)(i): (d)(2)(B)(i):
13 (1) the usable space is presumed to be sixteen (16) feet, based on
14 an average pole height of forty (40) feet; and
15 (2) the pole attachment is presumed to occupy two (2) feet of
16 usable space;
17 resulting in a space allocation factor of twelve and one-half percent
18 (12.5%).
19 (f) A pole owner may deny an attachment request only:
20 (1) on a nondiscriminatory basis; and
21 (2) on the basis of:
22 (A) lack of capacity; or
23 (B) reasons related to safety, reliability, or generally
24 applicable engineering standards.
25 (g) A pole owner shall provide notice of the pole owner's denial
26 of an attachment request in writing. The notice must include all
27 relevant evidence and information supporting the denial, including
28 an explanation of the reason for the denial with specific regard to
29 the bases set forth in subsection (f)(2)(A) and (f)(2)(B). A pole
30 owner may not deny an attachment request on the basis of persons
31 other than the attaching entity having previously made
32 attachments in violation of:
33 (1) applicable safety or construction codes; or
34 (2) this section;
35 to the pole or poles that are the subject of the attachment request.
36 (h) A pole owner shall provide to an attaching entity written
37 notice of the pole owner's approval or denial of the attaching
38 entity's attachment request:
39 (1) not later than forty-five (45) days after the attaching entity
40 transmits the attachment request to the pole owner, if the
41 request is for authorization to install equipment on:
42 (A) not more than five hundred (500) poles owned by the
2025 IN 502—LS 7289/DI 119 4
1 pole owner; or
2 (B) not more than one-half percent (0.5%) of the poles
3 owned by the pole owner that are located in Indiana;
4 in a single month;
5 (2) not later than sixty (60) days after the attaching entity
6 transmits the request to the pole owner, if the request is for
7 authorization to install equipment on:
8 (A) more than five hundred (500) but not more than three
9 thousand (3,000) utility poles owned by the pole owner; or
10 (B) more than one-half percent (0.5%) but not more than
11 five percent (5%) of the utility poles owned by the pole
12 owner that are located in Indiana;
13 in a single month; or
14 (3) not later than one hundred five (105) days after the
15 attaching entity transmits the request to the pole owner, if the
16 request is for authorization to install equipment on:
17 (A) more than three thousand (3,000) utility poles owned
18 by the pole owner; or
19 (B) more than five percent (5%) of the utility poles owned
20 by the pole owner that are located in Indiana;
21 in a single month.
22 (i) If a pole owner does not provide to an attaching entity
23 written notice of the pole owner's approval or denial of the
24 attaching entity's attachment request not later than the applicable
25 deadline under subsection (h), the pole owner:
26 (1) is considered to have constructively approved the
27 attachment request; and
28 (2) shall:
29 (A) perform a survey of the poles that are the subject of the
30 attachment request as required under subsection (s);
31 (B) provide to the attaching entity an estimate of the cost
32 of make ready work necessary for the attachment as
33 required under subsection (v); and
34 (B) perform the make ready work as required under
35 subsection (x).
36 (k) (j) If:
37 (1) a pole owner denies an attachment request; or
38 (2) an attaching entity and a pole owner fail to agree upon:
39 (1) (A) access to poles owned or controlled by the pole owner;
40 or
41 (2) (B) the rates, terms, and conditions for attachment to poles
42 owned or controlled by the pole owner;
2025 IN 502—LS 7289/DI 119 5
1 the attaching entity may apply to the commission for a determination
2 of the matter.
3 (l) (k) Upon receiving a request for a determination under
4 subsection (k), (j), the commission shall:
5 (1) proceed to determine whether:
6 (A) the denial of access to one (1) or more poles was unlawful;
7 or
8 (B) the rates, terms, and conditions complained of were not
9 just and reasonable as determined under subsection (i)(2)(B);
10 (d)(2)(B);
11 as applicable; and
12 (2) issue an order:
13 (A) directing that access to the poles at issue be permitted; and
14 (B) prescribing for such access such rates, terms, conditions,
15 and compensations that:
16 (i) are reasonable; and
17 (ii) comply with subsections (h) (c) and (i). (d).
18 (l) If a request for a determination under subsection (j) is with
19 regard to a denial of an attachment request, the commission shall
20 make the determination not later than:
21 (1) except as provided in subdivision (2), ninety (90) days after
22 the date on which the attaching entity requests the
23 determination; or
24 (2) if the attachment request was made to facilitate a
25 deployment of broadband facilities that is supported in whole
26 or in part by state or federal funding, not later than thirty
27 (30) days after the date on which the attaching entity requests
28 the determination.
29 (m) In any case in which the commission issues an order under
30 subsection (l): (k):
31 (1) the access ordered by the commission under subsection
32 (l)(2)(A) (k)(2)(A) shall be permitted by the pole owner; and
33 (2) the rates, terms, conditions, and compensations prescribed by
34 the commission under subsection (l)(2)(B) (k)(2)(B) shall be
35 observed, followed, and paid by the parties, as applicable;
36 subject to recourse to the courts upon the complaint of any interested
37 party as provided in this chapter and in IC 8-1-3. Any order of the
38 commission under subsection (l) (k) may be revised by the commission
39 from time to time upon application of any interested party or upon the
40 commission's own motion.
41 (n) Any A person may make an attachment to a pole may only be
42 made with the written permission of the pole owner. if:
2025 IN 502—LS 7289/DI 119 6
1 (1) a contract does not exist authorizing the attachment exists
2 between a the pole owner and an the attaching entity; or
3 (2) the pole owner has constructively approved the
4 attachment under subsection (i).
5 at the time an attachment is made, An attaching entity that violates
6 makes a pole attachment in violation of this subsection shall pay a
7 fine of five hundred dollars ($500) for each pole on which the
8 attaching entity makes an unauthorized attachment. is made.
9 (o) An attachment to a utility pole made without notification to the
10 pole owner and without the pole owner's written authorization, as
11 required by in violation of subsection (n) is considered to have been
12 made on:
13 (1) the date of the most recent survey; or
14 (2) the date that is five (5) years before the date of first discovery
15 of the unauthorized attachment by the pole owner;
16 whichever date is more recent. However, if the unauthorized pole
17 attachment is discovered by survey, the unauthorized attachment is
18 considered to have been made on the date of that survey.
19 (p) A pole owner's acceptance of payment for unauthorized pole
20 attachments does not constitute a waiver of any other rights or remedies
21 under an existing agreement or under any law.
22 (q) An attaching entity that has been given written permission from
23 a pole owner for an attachment to the pole owner's pole is responsible
24 for transferring the attachment not later than ninety (90) days after
25 receiving written notice from the pole owner to do so. If:
26 (1) after the expiration of the ninety (90) day period described in
27 this subsection; or
28 (2) after having been given as much notice as possible, in the case
29 of an emergency;
30 the attaching entity has failed to rearrange or transfer the attaching
31 entity's system, or an applicable portion of that system, the pole owner
32 may rearrange the system or portion of the system, transfer the system
33 or portion of the system to one (1) or more substituted poles, or relocate
34 the system or portion of the system, and the attaching entity shall
35 reimburse the pole owner for the pole owner's costs in doing so.
36 However, this section does not relieve the attaching entity from
37 maintaining adequate workforces readily at hand to handle the
38 rearrangement, repair, service, or maintenance of the attaching entity's
39 attached system, or any portions of that system, in the event that the
40 condition of the attached system, or any portion of the system, hinders
41 the pole owner's operations.
42 (r) An attaching entity is primarily responsible for:
2025 IN 502—LS 7289/DI 119 7
1 (1) scheduling; and
2 (2) coordinating directly with all other users of a pole;
3 all relocations required as part of any project of the attaching entity.
4 The pole owner shall assist in coordinating the relocation of the
5 attaching entity's attachments or of other attachments to the pole
6 owner's poles whenever the relocation is caused by any project of the
7 attaching entity. The attaching entity shall indemnify and hold harmless
8 the pole owner from any loss or liability that is incurred or claimed by
9 the attaching entity or the attaching entity's contractor, and that arises
10 from or is related to the failure of the pole owner to timely relocate a
11 pole if that same attaching entity has not timely removed its attachment
12 from the pole owner's pole.
13 (s) A pole owner shall complete a survey of poles identified in an
14 attachment request as poles to which the attaching entity requests
15 authorization to install equipment:
16 (1) not later than forty-five (45) days after the submission of
17 the attachment request if the request is for authorization to
18 install equipment on:
19 (A) not more than five hundred (500) poles owned by the
20 pole owner; or
21 (B) not more than one-half percent (0.5%) of the poles
22 owned by the pole owner that are located in Indiana;
23 in a single month;
24 (2) not later than sixty (60) days after the submission of the
25 attachment request if the request is for authorization to install
26 equipment on:
27 (A) more than five hundred (500) but not more than three
28 thousand (3,000) utility poles owned by the pole owner; or
29 (B) more than one-half percent (0.5%) but not more than
30 five percent (5%) of the utility poles owned by the pole
31 owner that are located in Indiana;
32 in a single month; or
33 (3) not later than one hundred five (105) days after the
34 submission of the attachment request if the request is for
35 authorization to install equipment on:
36 (A) more than three thousand (3,000) utility poles owned
37 by the pole owner; or
38 (B) more than five percent (5%) of the utility poles owned
39 by the pole owner that are located in Indiana;
40 in a single month.
41 (t) If a pole owner fails to complete a survey of the poles
42 identified in an attaching entity's attachment request by the
2025 IN 502—LS 7289/DI 119 8
1 applicable deadline for completion of a survey under subsection (s),
2 the attaching entity may conduct of survey of the poles using an
3 approved contractor identified by the pole owner under subsection
4 (aa). The attaching entity shall:
5 (1) make commercially reasonable efforts to provide notice of
6 the survey to:
7 (A) the pole owner; and
8 (B) the owners of any equipment already attached to the
9 pole;
10 not later than three (3) business days before the date of the
11 survey; and
12 (2) allow:
13 (A) the pole owner; and
14 (B) the owners of any equipment already attached to the
15 pole;
16 to be present for any field inspection conducted as part of the
17 survey.
18 Notice under subdivision (1) must include the date and time of the
19 survey, a description of the work to be performed, and the name of
20 the contractor that will perform the survey.
21 (u) If:
22 (1) an attaching entity requests authorization to install, in a
23 single month, equipment on not more than five hundred (500)
24 utility poles owned by a pole owner; and
25 (2) the request includes the results of a survey that was
26 conducted:
27 (A) by an approved contractor identified by the pole owner
28 under subsection (aa); and
29 (B) not more than thirty (30) days before the submission
30 date of the attachment request;
31 the pole owner shall accept the results of the survey for purposes
32 of the request.
33 (v) Not later than fourteen (14) days after the completion of a
34 survey under subsection (s) or (t), the pole owner shall provide to
35 the attaching entity a detailed, itemized estimate, on a pole-by-pole
36 basis if requested by the attaching entity, of the cost of performing
37 all make ready work necessary for the attachment.
38 (w) Upon a pole owner's receipt of payment from an attaching
39 entity for the cost of make ready work under subsection (v), the
40 pole owner shall provide notice of the make ready work to all
41 known persons with existing attachments that may be affected by
42 the make ready work. The notice must:
2025 IN 502—LS 7289/DI 119 9
1 (1) describe the make ready work to be performed and specify
2 when the make ready work will be performed;
3 (2) specify the required completion date of the make ready
4 work under subsection (x);
5 (3) state that the person must move or modify the person's
6 existing attachment consistent with the described make ready
7 work before the date specified for performance of the make
8 ready work under subdivision (1);
9 (4) state that if the make ready work is not completed by the
10 completion date specified in subdivision (2), the attaching
11 entity may complete the make ready work using a contractor
12 approved by the pole owner; and
13 (5) provide the name, telephone number, and electronic mail
14 address of an individual the person may contact for more
15 information about the make ready work.
16 (x) A pole owner shall complete make ready work necessary for
17 an attachment not later than the following:
18 (1) If the attachment will be made in the communications
19 space:
20 (A) thirty (30) days after the pole owner receives payment
21 for the make ready work from the attaching entity, if the
22 attachment request is for authorization to install
23 equipment on:
24 (i) not more than five hundred (500) poles owned by the
25 pole owner; or
26 (ii) not more than one-half percent (0.5%) of the poles
27 owned by the pole owner that are located in Indiana;
28 in a single month; or
29 (B) seventy-five (75) days after the pole owner receives
30 payment for the make ready work from the attaching
31 entity, if the attachment request is for authorization to
32 install equipment on:
33 (i) more than five hundred (500) poles owned by the pole
34 owner; or
35 (ii) more than one-half percent (0.5%) of the poles owned
36 by the pole owner that are located in Indiana;
37 in a single month.
38 (2) If the attachment will be made above the communications
39 space:
40 (A) ninety (90) days after the pole owner receives payment
41 for the make ready work from the attaching entity, if the
42 attachment request is for authorization to install
2025 IN 502—LS 7289/DI 119 10
1 equipment on:
2 (i) not more than five hundred (500) poles owned by the
3 pole owner; or
4 (ii) not more than one-half percent (0.5%) of the poles
5 owned by the pole owner that are located in Indiana;
6 in a single month; or
7 (B) one hundred thirty-five (135) days after the pole owner
8 receives payment for the make ready work from the
9 attaching entity, if the attachment request is for
10 authorization to install equipment on:
11 (i) more than five hundred (500) poles owned by the pole
12 owner; or
13 (ii) more than one-half percent (0.5%) of the poles owned
14 by the pole owner that are located in Indiana;
15 in a single month.
16 (y) If a pole owner does not complete make ready work by the
17 date required for completion of the make ready work under
18 subsection (x), the attaching entity may perform the make ready
19 work using an approved contractor identified by the pole owner
20 under subsection (aa). The attaching entity shall:
21 (1) make commercially reasonable efforts to provide notice of
22 the make ready work to:
23 (A) the pole owner; and
24 (B) the owners of any equipment already attached to the
25 pole;
26 not later than five (5) business days before the date of the
27 make ready work; and
28 (2) allow:
29 (A) the pole owner; and
30 (B) the owners of any equipment already attached to the
31 pole;
32 to be present for the make ready work.
33 Notice under subdivision (1) must include the date and time of the
34 make ready work, a description of the make ready work to be
35 performed, and the name of the contractor that will perform the
36 make ready work.
37 (z) A pole owner that receives multiple attachment requests
38 from a single attaching entity shall approve or deny the attachment
39 requests:
40 (1) in the order received, unless the attaching entity requests
41 consideration of the attachment requests in a specified order;
42 or
2025 IN 502—LS 7289/DI 119 11
1 (2) if the attaching entity requests consideration of the
2 attachment requests in a specified order, in the order
3 requested by the attaching entity.
4 (aa) A pole owner shall provide the following information on the
5 pole owner's website:
6 (1) Contact information that may be used to submit
7 attachment requests with regard to poles owned by the pole
8 owner.
9 (2) A list of contractors approved by the pole owner for
10 purposes of conducting surveys and make ready work under
11 this section, along with contact information for each
12 contractor.
13 (3) Information regarding construction standards for
14 attachments to poles owned by the pole owner.
15 (s) (bb) To the extent any provision set forth in this section conflicts
16 with a provision in a contract in effect on July 1, 2021, 2025, the
17 provision in the contract controls unless otherwise agreed to by the
18 attaching entity and the pole owner.
2025 IN 502—LS 7289/DI 119