IN
Indiana Senate Bill SB0502

Indiana 2025 Regular Session

Indiana Senate Bill SB0502 Compare Versions

OldNewDifferences
1-*ES0502.1*
2-April 8, 2025
3-ENGROSSED
1+*SB0502.2*
2+Reprinted
3+February 14, 2025
44 SENATE BILL No. 502
55 _____
6-DIGEST OF SB 502 (Updated April 8, 2025 1:47 pm - DI 101)
6+DIGEST OF SB 502 (Updated February 13, 2025 3:41 pm - DI 119)
77 Citations Affected: Noncode.
8-Synopsis: Attachments to utility poles. Defines an "attachment
9-request" as a request made: (1) by an attaching entity, other than an
10-electricity supplier, to the owner (pole owner) of an electric distribution
11-pole (pole) for authorization to install, within a period of not more than
12-30 days, communications service equipment on 300 or more poles
13-owned by the pole owner; and (2) in connection with, and using funds
14-obtained from, a state or federal program directly related to the
15-expansion of communications services to unserved, underserved, or
16-rural areas (program). Defines a "process management agreement" as
17-a written agreement entered into by: (1) an attaching entity that has
18-been awarded funding under a program; and (2) a pole owner that owns
19-at least 300 poles with respect to which the attaching entity intends to
20-submit an attachment request in connection with a project under the
21-program; for the purpose of establishing processes, timelines, mutual
22-performance obligations, and conflict resolution options for timely
23-(Continued next page)
8+Synopsis: Attachments to utility poles. Requires a person, other than
9+an electricity supplier, that seeks authorization to attach
10+communications service equipment to a utility pole utilizing funds from
11+certain state or federal programs to report specified information to the
12+Indiana broadband office (office) on a quarterly basis regarding
13+attachment requests made by the person during the reporting period.
14+Requires the office to post the quarterly reports on the office's website.
15+Authorizes the office to adopt guidelines to implement these
16+provisions. Provides that these provisions expire July 1, 2030.
2417 Effective: July 1, 2025.
2518 Zay, Koch
26-(HOUSE SPONSORS — DEVON, JETER, SHONKWILER)
2719 January 14, 2025, read first time and referred to Committee on Utilities.
2820 February 6, 2025, amended, reported favorably — Do Pass.
2921 February 13, 2025, read second time, amended, ordered engrossed.
30-February 14, 2025, engrossed.
31-February 17, 2025, read third time, passed. Yeas 47, nays 0.
32-HOUSE ACTION
33-March 3, 2025, read first time and referred to Committee on Utilities, Energy and
34-Telecommunications.
35-April 8, 2025, amended, reported — Do Pass.
36-ES 502—LS 7289/DI 119 Digest Continued
37-completing attachment requests. Provides that not later than five
38-business days after the execution of a contract that: (1) is entered into
39-by an attaching entity and a governmental agency; and (2) sets forth the
40-terms and conditions for a project for which funding has been awarded
41-under a program; the Indiana broadband office (office) shall publish the
42-contract on the office's website. Provides that not later than 60 days
43-after a contract is executed: (1) the attaching entity that executed the
44-contract; and (2) each pole owner that owns at least 300 poles with
45-respect to which the attaching entity intends to submit an attachment
46-request in connection with a project under the program; shall hold a
47-meeting for the purpose of discussing general project plans. Provides
48-that not later than four months after the National Telecommunications
49-Information Administration approves the office's final proposal for
50-funding under the federal Broadband Equity, Access, and Deployment
51-Program, if an attaching entity that has been awarded funding under a
52-program does not have a process management agreement in effect with
53-a pole owner that owns at least 300 poles with respect to which the
54-attaching entity intends to submit an attachment request in connection
55-with a project under the program, the attaching entity and the pole
56-owner shall negotiate an agreement that sets forth specified processes,
57-timelines, mutual performance obligations, and conflict resolution
58-options. Provides that if the attaching entity and a pole owner do not
59-reach an agreement as to the terms, conditions, and timelines for a
60-process management agreement, or otherwise have the prescribed
61-negotiated agreement in effect, within the required four month period,
62-certain conditions apply with respect to the dealings between the
63-attaching entity and the pole owner with respect to any application for
64-a pole attachment permit that does not seek the attachment of more
65-than 3,000 poles within a period of not more than 30 days. Authorizes
66-the office to adopt a rapid response mediation process to be followed
67-if a dispute arises between an attaching entity and a pole owner
68-regarding the processes and timelines for the timely completion of an
69-attachment request. Provides that these provisions expire July 1, 2030.
70-ES 502—LS 7289/DI 119ES 502—LS 7289/DI 119 April 8, 2025
22+SB 502—LS 7289/DI 119 Reprinted
23+February 14, 2025
7124 First Regular Session of the 124th General Assembly (2025)
7225 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
7326 Constitution) is being amended, the text of the existing provision will appear in this style type,
7427 additions will appear in this style type, and deletions will appear in this style type.
7528 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
7629 provision adopted), the text of the new provision will appear in this style type. Also, the
7730 word NEW will appear in that style type in the introductory clause of each SECTION that adds
7831 a new provision to the Indiana Code or the Indiana Constitution.
7932 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
8033 between statutes enacted by the 2024 Regular Session of the General Assembly.
81-ENGROSSED
8234 SENATE BILL No. 502
8335 A BILL FOR AN ACT concerning utilities.
8436 Be it enacted by the General Assembly of the State of Indiana:
85-1 SECTION 1. [EFFECTIVE JULY 1, 2025] (a) This SECTION
86-2 applies to a contract that is executed after June 30, 2025.
87-3 (b) For purposes of this SECTION, a membership organization
88-4 may participate or negotiate on behalf of, or otherwise represent
89-5 the interests of, one (1) or more of its members in connection with:
90-6 (1) an attachment request; or
91-7 (2) any of the procedures prescribed by this SECTION with
92-8 respect to an attachment request;
93-9 as may be agreed to by the association and one (1) or more of its
94-10 members.
95-11 (c) The following definitions apply throughout this SECTION:
96-12 (1) "Attaching entity" means a person, other than an
97-13 electricity supplier (as defined in IC 8-1-2.3-2(b)), that seeks
98-14 an attachment, or has an attachment, to a pole.
99-15 (2) "Attachment request" means a request made:
100-16 (A) by an attaching entity to a pole owner for authorization
101-17 to install, within a period of not more than thirty (30) days,
102-ES 502—LS 7289/DI 119 2
103-1 communications service equipment on three hundred (300)
104-2 or more poles owned by the pole owner; and
105-3 (B) in connection with, and using funds obtained from, a
106-4 state or federal program directly related to the expansion
107-5 of communications services to unserved, underserved, or
108-6 rural areas.
109-7 (3) "BEAD" refers to the federal Broadband Equity, Access,
110-8 and Deployment Program established by the federal
111-9 Infrastructure Investment and Jobs Act (P.L. 117-58).
112-10 (4) "Communications service equipment" means any
113-11 equipment or facility used to provide communications service
114-12 (as defined in IC 8-1-32.5-3).
115-13 (5) "Contract" refers to a contract or other agreement that:
116-14 (A) is executed by an attaching entity and a state or federal
117-15 governmental agency in connection with a state or federal
118-16 program directly related to the expansion of
119-17 communications services to unserved, underserved, or
120-18 rural areas; and
121-19 (B) sets forth the terms and conditions for the project for
122-20 which funding has been awarded under the state or federal
123-21 program, such as:
124-22 (i) sources of funding for the project, including the
125-23 amount of funding awarded for the project under the
126-24 program;
127-25 (ii) timelines for the commencement and completion of
128-26 the project;
129-27 (iii) any conditions placed on the release of funds under
130-28 the program on the progressive completion of the
131-29 project; and
132-30 (iv) other applicable terms and conditions.
133-31 The term includes a grant agreement required under
134-32 IC 4-4-38.5-12 in connection with an eligible broadband
135-33 project under IC 4-4-38.5.
136-34 (6) "Membership organization" means an organization or
137-35 association whose membership comprises:
138-36 (A) attaching entities; or
139-37 (B) pole owners.
140-38 (7) "Office" refers to the Indiana broadband office.
141-39 (8) "Pole" refers to an electric distribution pole.
142-40 (9) "Pole owner" means a person that owns or controls one (1)
143-41 or more poles.
144-42 (10) "Process management agreement" means a written
145-ES 502—LS 7289/DI 119 3
146-1 agreement entered into by:
147-2 (A) an attaching entity that has been awarded funding
148-3 under a state or federal program described in subdivision
149-4 (2)(B); and
150-5 (B) a pole owner that owns at least three hundred (300)
151-6 poles with respect to which the attaching entity intends to
152-7 submit an attachment request in connection with a project
153-8 under the program;
154-9 for the purpose of enabling the deployment of broadband
155-10 services throughout Indiana by establishing processes,
156-11 timelines, mutual performance obligations, and options for
157-12 conflict resolution procedures, as described in subsection
158-13 (f)(1) through (f)(5), for the timely completion of attachment
159-14 requests in conformance with state and federal safety and
160-15 operational regulations and guidelines.
161-16 (d) Not later than five (5) business days after a contract is
162-17 executed, the office shall publish the contract on the office's
163-18 website.
164-19 (e) Not later than sixty (60) days after a contract is executed:
165-20 (1) the attaching entity that executed the contract; and
166-21 (2) each pole owner that owns at least three hundred (300)
167-22 poles with respect to which the attaching entity intends to
168-23 submit an attachment request in connection with a project
169-24 under the program;
170-25 shall hold a meeting for the purpose of discussing general project
171-26 plans, including mutual performance obligations and timelines for
172-27 the commencement and completion of each party's responsibilities
173-28 with respect to the anticipated attachment requests.
174-29 (f) Not later than four (4) months after the National
175-30 Telecommunications Information Administration approves the
176-31 office's final proposal (as defined in IC 4-4-38.6-3) for BEAD
177-32 funding, if an attaching entity that has been awarded funding
178-33 under a state or federal program described in subsection (c)(2)(B)
179-34 does not have a process management agreement in effect with a
180-35 pole owner that owns at least three hundred (300) poles with
181-36 respect to which the attaching entity intends to submit an
182-37 attachment request in connection with a project under the
183-38 program, the attaching entity and the pole owner shall negotiate an
184-39 agreement that sets forth, at a minimum, the following:
185-40 (1) The process to be followed by both the attaching entity and
186-41 the pole owner, including key steps and progressive
187-42 milestones, for timely completing attachment requests.
188-ES 502—LS 7289/DI 119 4
189-1 (2) Reasonable timelines for communication and notification
190-2 responsibilities and requirements, including for holding any
191-3 pre-filing meeting or periodic status meetings between the
192-4 attaching entity and the pole owner during the process.
193-5 (3) A plan to secure the internal and external resources
194-6 necessary for timely completing the planned deployment.
195-7 (4) Mutual performance obligations that support an efficient
196-8 processing of attachment requests by minimizing the burdens
197-9 on, and creating accountability between, the attaching entity
198-10 and the pole owner, including a timeline for completing
199-11 post-attachment inspection surveys.
200-12 (5) Options for conflict resolution procedures to enable the
201-13 parties to resolve issues.
202-14 (g) If the attaching entity and a pole owner described in
203-15 subsection (f) do not reach an agreement as to the terms,
204-16 conditions, and timelines for a process management agreement
205-17 within the four (4) month period set forth in subsection (f), or
206-18 otherwise have an agreement described in subsection (f) in effect
207-19 within that four (4) month period, the following conditions apply
208-20 with respect to the attaching entity and that pole owner with
209-21 respect to any attachment request that does not seek the
210-22 attachment of more than three thousand (3,000) poles within a
211-23 period of not more than thirty (30) days:
212-24 (1) Not later than twenty-four (24) months after the contract
213-25 (as defined in subsection (c)(5)) is executed, the attaching
214-26 entity shall submit to the pole owner:
215-27 (A) an application for a pole attachment permit; and
216-28 (B) the contact information for a primary representative
217-29 of:
218-30 (i) the attaching entity; and
219-31 (ii) any contractor or subcontractor of the attaching
220-32 entity.
221-33 (2) Not later than ten (10) days after receiving an application
222-34 under subdivision (1), the pole owner shall determine whether
223-35 the attaching entity's application is complete and shall
224-36 provide to the attaching entity written notice of the
225-37 determination. If the pole owner determines that the
226-38 application is incomplete, the pole owner shall state in the
227-39 notice all reasons, including the specific identification of any
228-40 missing information, for the pole owner's determination of
229-41 incompleteness. The attaching entity may remedy any
230-42 deficiency identified in the notice and resubmit an application
231-ES 502—LS 7289/DI 119 5
232-1 under this subdivision.
233-2 (3) Not later than one hundred twenty (120) days after the
234-3 attaching entity's submission of a complete application, the
235-4 pole owner shall do the following:
236-5 (A) Authorize all pole attachments:
237-6 (i) requested in the attaching entity's application; and
238-7 (ii) approved by the pole owner.
239-8 (B) Provide an estimate of any make ready work required
240-9 to make all poles included in the application accessible to
241-10 the attaching entity. The estimate required under this
242-11 clause must:
243-12 (i) list the charges for each individual pole for which the
244-13 attaching entity seeks an attachment; and
245-14 (ii) be consistent with the terms and charges under any
246-15 existing joint use attachment agreement between the pole
247-16 owner and the attaching entity.
248-17 (C) If the pole owner:
249-18 (i) denies one (1) or more requested pole attachments; or
250-19 (ii) places conditions or restrictions on one (1) or more
251-20 requested pole attachments;
252-21 provide to the attaching entity a written notice that
253-22 includes the reasons, which must be based on an
254-23 engineering or technical analysis, for the denial, conditions,
255-24 or restrictions, as applicable.
256-25 (4) Not later than thirty (30) days after receiving an estimate
257-26 under subdivision (3)(B), the attaching entity shall submit
258-27 payment to the pole owner for the listed charges for the
259-28 required make ready work. Not later than one hundred
260-29 twenty (120) days after the attaching entity submits payment
261-30 under this subdivision, the pole owner must:
262-31 (A) have completed any necessary make ready work for all
263-32 approved poles; and
264-33 (B) issue a pole attachment permit to the attaching entity.
265-34 (h) The office may adopt guidelines to implement this
266-35 SECTION, including guidelines to implement a rapid response
267-36 mediation process to be followed if a dispute arises between an
268-37 attaching entity and a pole owner regarding the processes and
269-38 timelines for the timely completion of an attachment request under
270-39 this SECTION. Mediation guidelines adopted under this subsection
271-40 must:
272-41 (1) be modeled after the federal Rapid Broadband Assessment
273-42 Team Review and Assessment process and require a
274-ES 502—LS 7289/DI 119 6
275-1 complainant to pursue remedies available under federal law
276-2 before seeking relief from the office; and
277-3 (2) require the parties to mutually commit to the efficient
278-4 deployment of broadband service to unserved, underserved,
279-5 and rural areas in Indiana.
280-6 (i) This SECTION expires July 1, 2030.
281-ES 502—LS 7289/DI 119 7
37+1 SECTION 1. [EFFECTIVE JULY 1, 2025] (a) The following
38+2 definitions apply throughout this SECTION:
39+3 (1) "Attaching entity" means a person, other than an
40+4 electricity supplier as defined in IC 8-1-2.3-2(b), that seeks an
41+5 attachment, or has an attachment, to a pole.
42+6 (2) "Attachment request" means a request made by an
43+7 attaching entity to a pole owner for authorization to install
44+8 communications service equipment on one (1) or more poles
45+9 owned by the pole owner utilizing funds obtained by the
46+10 attaching entity from a state or federal program directly
47+11 related to the expansion of communications services to rural
48+12 areas.
49+13 (3) "Communications service equipment" means any
50+14 equipment or facility used to provide communications service
51+15 (as defined in IC 8-1-32.5-3).
52+16 (4) "Office" refers to the Indiana broadband office.
53+17 (5) "Pole" refers to an electric distribution pole.
54+SB 502—LS 7289/DI 119 2
55+1 (6) "Pole owner" means a person that owns or controls one (1)
56+2 or more poles.
57+3 (b) Beginning with the calendar quarter ending September 30,
58+4 2025, an attaching entity shall report to the office, on a quarterly
59+5 basis and in the form and manner prescribed by the office, the
60+6 following information with respect to the reporting period:
61+7 (1) The name of the attaching entity.
62+8 (2) The name of each pole owner to whom the attaching entity
63+9 submitted an attachment request.
64+10 (3) For each attachment request identified under subdivision
65+11 (2):
66+12 (A) the date of the attachment request;
67+13 (B) the county in which each pole included in the
68+14 attachment request is located; and
69+15 (C) the date an authorization or denial for the attachment
70+16 request was issued, as applicable.
71+17 (c) Upon receiving a report from an attaching entity under
72+18 subsection (b), the office shall publish the report on the office's
73+19 website.
74+20 (d) The office may adopt guidelines to implement this
75+21 SECTION.
76+22 (e) This SECTION expires July 1, 2030.
77+SB 502—LS 7289/DI 119 3
28278 COMMITTEE REPORT
28379 Mr. President: The Senate Committee on Utilities, to which was
28480 referred Senate Bill No. 502, has had the same under consideration and
28581 begs leave to report the same back to the Senate with the
28682 recommendation that said bill be AMENDED as follows:
28783 Delete the title and insert the following:
28884 A BILL FOR AN ACT concerning utilities.
28985 Delete everything after the enacting clause and insert the following:
29086 (SEE TEXT OF BILL)
29187 and when so amended that said bill do pass.
29288 (Reference is to SB 502 as introduced.)
29389 KOCH, Chairperson
29490 Committee Vote: Yeas 9, Nays 1.
29591 _____
29692 SENATE MOTION
29793 Mr. President: I move that Senate Bill 502 be amended to read as
29894 follows:
29995 Page 1, line 3, delete "person" and insert "person, other than an
30096 electricity supplier as defined in IC 8-1-2.3-2(b),".
30197 Page 1, line 8, delete "owner." and insert "owner utilizing funds
30298 obtained by the attaching entity from a state or federal program
30399 directly related to the expansion of communications services to
304100 rural areas.".
305101 (Reference is to SB 502 as printed February 7, 2025.)
306102 ZAY
307-ES 502—LS 7289/DI 119 8
308-COMMITTEE REPORT
309-Mr. Speaker: Your Committee on Utilities, Energy and
310-Telecommunications, to which was referred Senate Bill 502, has had
311-the same under consideration and begs leave to report the same back
312-to the House with the recommendation that said bill be amended as
313-follows:
314-Page 1, line 1, delete "The following" and insert "This SECTION
315-applies to a contract that is executed after June 30, 2025.
316-(b) For purposes of this SECTION, a membership organization
317-may participate or negotiate on behalf of, or otherwise represent
318-the interests of, one (1) or more of its members in connection with:
319-(1) an attachment request; or
320-(2) any of the procedures prescribed by this SECTION with
321-respect to an attachment request;
322-as may be agreed to by the association and one (1) or more of its
323-members.
324-(c) The following definitions apply throughout this SECTION:".
325-Page 1, delete line 2.
326-Page 1, line 4, delete "as defined in IC 8-1-2.3-2(b)," and insert "(as
327-defined in IC 8-1-2.3-2(b)),".
328-Page 1, line 6, delete "made by an" and insert "made:
329-(A) by an attaching entity to a pole owner for authorization
330-to install, within a period of not more than thirty (30) days,
331-communications service equipment on three hundred (300)
332-or more poles owned by the pole owner; and
333-(B) in connection with, and using funds obtained from, a
334-state or federal program directly related to the expansion
335-of communications services to unserved, underserved, or
336-rural areas.
337-(3)"BEAD" refers to the federal Broadband Equity, Access,
338-and Deployment Program established by the federal
339-Infrastructure Investment and Jobs Act (P.L. 117-58).".
340-Page 1, delete lines 7 through 12.
341-Page 1, line 13, delete "(3)" and insert "(4)".
342-Page 1, between lines 15 and 16, begin a new line block indented
343-and insert:
344-"(5) "Contract" refers to a contract or other agreement that:
345-(A) is executed by an attaching entity and a state or federal
346-governmental agency in connection with a state or federal
347-program directly related to the expansion of
348-communications services to unserved, underserved, or
349-rural areas; and
350-ES 502—LS 7289/DI 119 9
351-(B) sets forth the terms and conditions for the project for
352-which funding has been awarded under the state or federal
353-program, such as:
354-(i) sources of funding for the project, including the
355-amount of funding awarded for the project under the
356-program;
357-(ii) timelines for the commencement and completion of
358-the project;
359-(iii) any conditions placed on the release of funds under
360-the program on the progressive completion of the
361-project; and
362-(iv) other applicable terms and conditions.
363-The term includes a grant agreement required under
364-IC 4-4-38.5-12 in connection with an eligible broadband
365-project under IC 4-4-38.5.
366-(6) "Membership organization" means an organization or
367-association whose membership comprises:
368-(A) attaching entities; or
369-(B) pole owners.".
370-Page 1, line 16, delete "(4)" and insert "(7)".
371-Page 1, line 17, delete "(5)" and insert "(8)".
372-Page 2, line 1, delete "(6)" and insert "(9)".
373-Page 2, between lines 2 and 3, begin a new line block indented and
374-insert:
375-"(10) "Process management agreement" means a written
376-agreement entered into by:
377-(A) an attaching entity that has been awarded funding
378-under a state or federal program described in subdivision
379-(2)(B); and
380-(B) a pole owner that owns at least three hundred (300)
381-poles with respect to which the attaching entity intends to
382-submit an attachment request in connection with a project
383-under the program;
384-for the purpose of enabling the deployment of broadband
385-services throughout Indiana by establishing processes,
386-timelines, mutual performance obligations, and options for
387-conflict resolution procedures, as described in subsection
388-(f)(1) through (f)(5), for the timely completion of attachment
389-requests in conformance with state and federal safety and
390-operational regulations and guidelines.
391-(d) Not later than five (5) business days after a contract is
392-executed, the office shall publish the contract on the office's
393-ES 502—LS 7289/DI 119 10
394-website.
395-(e) Not later than sixty (60) days after a contract is executed:
396-(1) the attaching entity that executed the contract; and
397-(2) each pole owner that owns at least three hundred (300)
398-poles with respect to which the attaching entity intends to
399-submit an attachment request in connection with a project
400-under the program;
401-shall hold a meeting for the purpose of discussing general project
402-plans, including mutual performance obligations and timelines for
403-the commencement and completion of each party's responsibilities
404-with respect to the anticipated attachment requests.
405-(f) Not later than four (4) months after the National
406-Telecommunications Information Administration approves the
407-office's final proposal (as defined in IC 4-4-38.6-3) for BEAD
408-funding, if an attaching entity that has been awarded funding
409-under a state or federal program described in subsection (c)(2)(B)
410-does not have a process management agreement in effect with a
411-pole owner that owns at least three hundred (300) poles with
412-respect to which the attaching entity intends to submit an
413-attachment request in connection with a project under the
414-program, the attaching entity and the pole owner shall negotiate an
415-agreement that sets forth, at a minimum, the following:
416-(1) The process to be followed by both the attaching entity and
417-the pole owner, including key steps and progressive
418-milestones, for timely completing attachment requests.
419-(2) Reasonable timelines for communication and notification
420-responsibilities and requirements, including for holding any
421-pre-filing meeting or periodic status meetings between the
422-attaching entity and the pole owner during the process.
423-(3) A plan to secure the internal and external resources
424-necessary for timely completing the planned deployment.
425-(4) Mutual performance obligations that support an efficient
426-processing of attachment requests by minimizing the burdens
427-on, and creating accountability between, the attaching entity
428-and the pole owner, including a timeline for completing
429-post-attachment inspection surveys.
430-(5) Options for conflict resolution procedures to enable the
431-parties to resolve issues.
432-(g) If the attaching entity and a pole owner described in
433-subsection (f) do not reach an agreement as to the terms,
434-conditions, and timelines for a process management agreement
435-within the four (4) month period set forth in subsection (f), or
436-ES 502—LS 7289/DI 119 11
437-otherwise have an agreement described in subsection (f) in effect
438-within that four (4) month period, the following conditions apply
439-with respect to the attaching entity and that pole owner with
440-respect to any attachment request that does not seek the
441-attachment of more than three thousand (3,000) poles within a
442-period of not more than thirty (30) days:
443-(1) Not later than twenty-four (24) months after the contract
444-(as defined in subsection (c)(5)) is executed, the attaching
445-entity shall submit to the pole owner:
446-(A) an application for a pole attachment permit; and
447-(B) the contact information for a primary representative
448-of:
449-(i) the attaching entity; and
450-(ii) any contractor or subcontractor of the attaching
451-entity.
452-(2) Not later than ten (10) days after receiving an application
453-under subdivision (1), the pole owner shall determine whether
454-the attaching entity's application is complete and shall
455-provide to the attaching entity written notice of the
456-determination. If the pole owner determines that the
457-application is incomplete, the pole owner shall state in the
458-notice all reasons, including the specific identification of any
459-missing information, for the pole owner's determination of
460-incompleteness. The attaching entity may remedy any
461-deficiency identified in the notice and resubmit an application
462-under this subdivision.
463-(3) Not later than one hundred twenty (120) days after the
464-attaching entity's submission of a complete application, the
465-pole owner shall do the following:
466-(A) Authorize all pole attachments:
467-(i) requested in the attaching entity's application; and
468-(ii) approved by the pole owner.
469-(B) Provide an estimate of any make ready work required
470-to make all poles included in the application accessible to
471-the attaching entity. The estimate required under this
472-clause must:
473-(i) list the charges for each individual pole for which the
474-attaching entity seeks an attachment; and
475-(ii) be consistent with the terms and charges under any
476-existing joint use attachment agreement between the pole
477-owner and the attaching entity.
478-(C) If the pole owner:
479-ES 502—LS 7289/DI 119 12
480-(i) denies one (1) or more requested pole attachments; or
481-(ii) places conditions or restrictions on one (1) or more
482-requested pole attachments;
483-provide to the attaching entity a written notice that
484-includes the reasons, which must be based on an
485-engineering or technical analysis, for the denial, conditions,
486-or restrictions, as applicable.
487-(4) Not later than thirty (30) days after receiving an estimate
488-under subdivision (3)(B), the attaching entity shall submit
489-payment to the pole owner for the listed charges for the
490-required make ready work. Not later than one hundred
491-twenty (120) days after the attaching entity submits payment
492-under this subdivision, the pole owner must:
493-(A) have completed any necessary make ready work for all
494-approved poles; and
495-(B) issue a pole attachment permit to the attaching entity.".
496-Page 2, delete lines 3 through 19.
497-Page 2, line 20, delete "(d)" and insert "(h)".
498-Page 2, line 21, delete "SECTION." and insert "SECTION,
499-including guidelines to implement a rapid response mediation
500-process to be followed if a dispute arises between an attaching
501-entity and a pole owner regarding the processes and timelines for
502-the timely completion of an attachment request under this
503-SECTION. Mediation guidelines adopted under this subsection
504-must:
505-(1) be modeled after the federal Rapid Broadband Assessment
506-Team Review and Assessment process and require a
507-complainant to pursue remedies available under federal law
508-before seeking relief from the office; and
509-(2) require the parties to mutually commit to the efficient
510-deployment of broadband service to unserved, underserved,
511-and rural areas in Indiana.".
512-Page 2, line 22, delete "(e)" and insert "(i)".
513-and when so amended that said bill do pass.
514-(Reference is to SB 502 as reprinted February 14, 2025.)
515-SOLIDAY
516-Committee Vote: yeas 13, nays 0.
517-ES 502—LS 7289/DI 119
103+SB 502—LS 7289/DI 119