LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
FISCAL IMPACT STATEMENT
LS 7289 NOTE PREPARED: Apr 8, 2025
BILL NUMBER: SB 502 BILL AMENDED: Apr 8, 2025
SUBJECT: Attachments to Utility Poles.
FIRST AUTHOR: Sen. Zay BILL STATUS: CR Adopted - 2
nd
House
FIRST SPONSOR: Rep. DeVon
FUNDS AFFECTED:XGENERAL IMPACT: State
DEDICATED
FEDERAL
Summary of Legislation: (Amended) This bill defines an "attachment request" as a request made: (1) by
an attaching entity, other than an electricity supplier, to the owner (pole owner) of an electric distribution
pole (pole) for authorization to install, within a period of not more than 30 days, communications service
equipment on 300 or more poles owned by the pole owner; and (2) in connection with, and using funds
obtained from, a state or federal program directly related to the expansion of communications services to
unserved, underserved, or rural areas (program).
It also defines "process management agreement" as a written agreement entered into by: (1) an attaching
entity that has been awarded funding under a program; and (2) a pole owner that owns at least 300 poles with
respect to which the attaching entity intends to submit an attachment request in connection with a project
under the program; for the purpose of establishing processes, timelines, mutual performance obligations, and
conflict resolution options for timely completing attachment requests.
Contract Execution: The bill provides that not later than five business days after the execution of a contract
that: (1) is entered into by an attaching entity and a governmental agency; and (2) sets forth the terms and
conditions for a project for which funding has been awarded under a program; the Indiana broadband office
(office) shall publish the contract on the office's website. The bill also provides that not later than 60 days
after a contract is executed: (1) the attaching entity that executed the contract; and (2) each pole owner that
owns at least 300 poles with respect to which the attaching entity intends to submit an attachment request
in connection with a project under the program; shall hold a meeting for the purpose of discussing general
project plans.
Contract Mediation Process: The bill provides that not later than four months after the National
Telecommunications Information Administration approves the office's final proposal for funding under the
federal Broadband Equity, Access, and Deployment Program, if an attaching entity that has been awarded
funding under a program does not have a process management agreement in effect with a pole owner that
owns at least 300 poles with respect to which the attaching entity intends to submit an attachment request
in connection with a project under the program, the attaching entity and the pole owner shall negotiate an
agreement that sets forth specified processes, timelines, mutual performance obligations, and conflict
SB 502 1 resolution options.
It provides that if the attaching entity and a pole owner do not reach an agreement as to the terms, conditions,
and timelines for a process management agreement, or otherwise have the prescribed negotiated agreement
in effect, within the required four month period, certain conditions apply with respect to the dealings between
the attaching entity and the pole owner with respect to any application for a pole attachment permit that does
not seek the attachment of more than 3,000 poles within a period of not more than 30 days. It also authorizes
the office to adopt a rapid response mediation process to be followed if a dispute arises between an attaching
entity and a pole owner regarding the processes and timelines for the timely completion of an attachment
request.
Effective Date: July 1, 2025.
Explanation of State Expenditures: (Revised) Contract Execution: This bill may increase the workload
of the Indiana Broadband Office to post attachment contract information on their website. This workload
increase will be within the office’s current funding and staffing levels.
(Revised) Contract Mediation Process: This bill will increase the workload to implement a rapid response
mediation process to follow for if disputes arise between attaching entities and pole owners. This process
is to be modeled after the federal Rapid Broadband Assessment Team Review and Assessment process and
require and complainant to pursue remedies available under federal law before seeking relief from the office.
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected: Indiana Broadband Office; Indiana Office of Technology
Local Agencies Affected:
Information Sources:
Fiscal Analyst: Abdulrahman Abdulkadri, 317-232-9852.
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