*ES0502.1*
April 8, 2025
ENGROSSED
SENATE BILL No. 502
_____
DIGEST OF SB 502 (Updated April 8, 2025 1:47 pm - DI 101)
Citations Affected: Noncode.
Synopsis: Attachments to utility poles. 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). Defines a "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
(Continued next page)
Effective: July 1, 2025.
Zay, Koch
(HOUSE SPONSORS — DEVON, JETER, SHONKWILER)
January 14, 2025, read first time and referred to Committee on Utilities.
February 6, 2025, amended, reported favorably — Do Pass.
February 13, 2025, read second time, amended, ordered engrossed.
February 14, 2025, engrossed.
February 17, 2025, read third time, passed. Yeas 47, nays 0.
HOUSE ACTION
March 3, 2025, read first time and referred to Committee on Utilities, Energy and
Telecommunications.
April 8, 2025, amended, reported — Do Pass.
ES 502—LS 7289/DI 119 Digest Continued
completing attachment requests. 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. 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. 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 resolution
options. 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. 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. Provides that these provisions expire July 1, 2030.
ES 502—LS 7289/DI 119ES 502—LS 7289/DI 119 April 8, 2025
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.
ENGROSSED
SENATE BILL No. 502
A BILL FOR AN ACT concerning utilities.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. [EFFECTIVE JULY 1, 2025] (a) This SECTION
2 applies to a contract that is executed after June 30, 2025.
3 (b) For purposes of this SECTION, a membership organization
4 may participate or negotiate on behalf of, or otherwise represent
5 the interests of, one (1) or more of its members in connection with:
6 (1) an attachment request; or
7 (2) any of the procedures prescribed by this SECTION with
8 respect to an attachment request;
9 as may be agreed to by the association and one (1) or more of its
10 members.
11 (c) The following definitions apply throughout this SECTION:
12 (1) "Attaching entity" means a person, other than an
13 electricity supplier (as defined in IC 8-1-2.3-2(b)), that seeks
14 an attachment, or has an attachment, to a pole.
15 (2) "Attachment request" means a request made:
16 (A) by an attaching entity to a pole owner for authorization
17 to install, within a period of not more than thirty (30) days,
ES 502—LS 7289/DI 119 2
1 communications service equipment on three hundred (300)
2 or more poles owned by the pole owner; and
3 (B) in connection with, and using funds obtained from, a
4 state or federal program directly related to the expansion
5 of communications services to unserved, underserved, or
6 rural areas.
7 (3) "BEAD" refers to the federal Broadband Equity, Access,
8 and Deployment Program established by the federal
9 Infrastructure Investment and Jobs Act (P.L. 117-58).
10 (4) "Communications service equipment" means any
11 equipment or facility used to provide communications service
12 (as defined in IC 8-1-32.5-3).
13 (5) "Contract" refers to a contract or other agreement that:
14 (A) is executed by an attaching entity and a state or federal
15 governmental agency in connection with a state or federal
16 program directly related to the expansion of
17 communications services to unserved, underserved, or
18 rural areas; and
19 (B) sets forth the terms and conditions for the project for
20 which funding has been awarded under the state or federal
21 program, such as:
22 (i) sources of funding for the project, including the
23 amount of funding awarded for the project under the
24 program;
25 (ii) timelines for the commencement and completion of
26 the project;
27 (iii) any conditions placed on the release of funds under
28 the program on the progressive completion of the
29 project; and
30 (iv) other applicable terms and conditions.
31 The term includes a grant agreement required under
32 IC 4-4-38.5-12 in connection with an eligible broadband
33 project under IC 4-4-38.5.
34 (6) "Membership organization" means an organization or
35 association whose membership comprises:
36 (A) attaching entities; or
37 (B) pole owners.
38 (7) "Office" refers to the Indiana broadband office.
39 (8) "Pole" refers to an electric distribution pole.
40 (9) "Pole owner" means a person that owns or controls one (1)
41 or more poles.
42 (10) "Process management agreement" means a written
ES 502—LS 7289/DI 119 3
1 agreement entered into by:
2 (A) an attaching entity that has been awarded funding
3 under a state or federal program described in subdivision
4 (2)(B); and
5 (B) a pole owner that owns at least three hundred (300)
6 poles with respect to which the attaching entity intends to
7 submit an attachment request in connection with a project
8 under the program;
9 for the purpose of enabling the deployment of broadband
10 services throughout Indiana by establishing processes,
11 timelines, mutual performance obligations, and options for
12 conflict resolution procedures, as described in subsection
13 (f)(1) through (f)(5), for the timely completion of attachment
14 requests in conformance with state and federal safety and
15 operational regulations and guidelines.
16 (d) Not later than five (5) business days after a contract is
17 executed, the office shall publish the contract on the office's
18 website.
19 (e) Not later than sixty (60) days after a contract is executed:
20 (1) the attaching entity that executed the contract; and
21 (2) each pole owner that owns at least three hundred (300)
22 poles with respect to which the attaching entity intends to
23 submit an attachment request in connection with a project
24 under the program;
25 shall hold a meeting for the purpose of discussing general project
26 plans, including mutual performance obligations and timelines for
27 the commencement and completion of each party's responsibilities
28 with respect to the anticipated attachment requests.
29 (f) Not later than four (4) months after the National
30 Telecommunications Information Administration approves the
31 office's final proposal (as defined in IC 4-4-38.6-3) for BEAD
32 funding, if an attaching entity that has been awarded funding
33 under a state or federal program described in subsection (c)(2)(B)
34 does not have a process management agreement in effect with a
35 pole owner that owns at least three hundred (300) poles with
36 respect to which the attaching entity intends to submit an
37 attachment request in connection with a project under the
38 program, the attaching entity and the pole owner shall negotiate an
39 agreement that sets forth, at a minimum, the following:
40 (1) The process to be followed by both the attaching entity and
41 the pole owner, including key steps and progressive
42 milestones, for timely completing attachment requests.
ES 502—LS 7289/DI 119 4
1 (2) Reasonable timelines for communication and notification
2 responsibilities and requirements, including for holding any
3 pre-filing meeting or periodic status meetings between the
4 attaching entity and the pole owner during the process.
5 (3) A plan to secure the internal and external resources
6 necessary for timely completing the planned deployment.
7 (4) Mutual performance obligations that support an efficient
8 processing of attachment requests by minimizing the burdens
9 on, and creating accountability between, the attaching entity
10 and the pole owner, including a timeline for completing
11 post-attachment inspection surveys.
12 (5) Options for conflict resolution procedures to enable the
13 parties to resolve issues.
14 (g) If the attaching entity and a pole owner described in
15 subsection (f) do not reach an agreement as to the terms,
16 conditions, and timelines for a process management agreement
17 within the four (4) month period set forth in subsection (f), or
18 otherwise have an agreement described in subsection (f) in effect
19 within that four (4) month period, the following conditions apply
20 with respect to the attaching entity and that pole owner with
21 respect to any attachment request that does not seek the
22 attachment of more than three thousand (3,000) poles within a
23 period of not more than thirty (30) days:
24 (1) Not later than twenty-four (24) months after the contract
25 (as defined in subsection (c)(5)) is executed, the attaching
26 entity shall submit to the pole owner:
27 (A) an application for a pole attachment permit; and
28 (B) the contact information for a primary representative
29 of:
30 (i) the attaching entity; and
31 (ii) any contractor or subcontractor of the attaching
32 entity.
33 (2) Not later than ten (10) days after receiving an application
34 under subdivision (1), the pole owner shall determine whether
35 the attaching entity's application is complete and shall
36 provide to the attaching entity written notice of the
37 determination. If the pole owner determines that the
38 application is incomplete, the pole owner shall state in the
39 notice all reasons, including the specific identification of any
40 missing information, for the pole owner's determination of
41 incompleteness. The attaching entity may remedy any
42 deficiency identified in the notice and resubmit an application
ES 502—LS 7289/DI 119 5
1 under this subdivision.
2 (3) Not later than one hundred twenty (120) days after the
3 attaching entity's submission of a complete application, the
4 pole owner shall do the following:
5 (A) Authorize all pole attachments:
6 (i) requested in the attaching entity's application; and
7 (ii) approved by the pole owner.
8 (B) Provide an estimate of any make ready work required
9 to make all poles included in the application accessible to
10 the attaching entity. The estimate required under this
11 clause must:
12 (i) list the charges for each individual pole for which the
13 attaching entity seeks an attachment; and
14 (ii) be consistent with the terms and charges under any
15 existing joint use attachment agreement between the pole
16 owner and the attaching entity.
17 (C) If the pole owner:
18 (i) denies one (1) or more requested pole attachments; or
19 (ii) places conditions or restrictions on one (1) or more
20 requested pole attachments;
21 provide to the attaching entity a written notice that
22 includes the reasons, which must be based on an
23 engineering or technical analysis, for the denial, conditions,
24 or restrictions, as applicable.
25 (4) Not later than thirty (30) days after receiving an estimate
26 under subdivision (3)(B), the attaching entity shall submit
27 payment to the pole owner for the listed charges for the
28 required make ready work. Not later than one hundred
29 twenty (120) days after the attaching entity submits payment
30 under this subdivision, the pole owner must:
31 (A) have completed any necessary make ready work for all
32 approved poles; and
33 (B) issue a pole attachment permit to the attaching entity.
34 (h) The office may adopt guidelines to implement this
35 SECTION, including guidelines to implement a rapid response
36 mediation process to be followed if a dispute arises between an
37 attaching entity and a pole owner regarding the processes and
38 timelines for the timely completion of an attachment request under
39 this SECTION. Mediation guidelines adopted under this subsection
40 must:
41 (1) be modeled after the federal Rapid Broadband Assessment
42 Team Review and Assessment process and require a
ES 502—LS 7289/DI 119 6
1 complainant to pursue remedies available under federal law
2 before seeking relief from the office; and
3 (2) require the parties to mutually commit to the efficient
4 deployment of broadband service to unserved, underserved,
5 and rural areas in Indiana.
6 (i) This SECTION expires July 1, 2030.
ES 502—LS 7289/DI 119 7
COMMITTEE REPORT
Mr. President: The Senate Committee on Utilities, to which was
referred Senate Bill No. 502, has had the same under consideration and
begs leave to report the same back to the Senate with the
recommendation that said bill be AMENDED as follows:
Delete the title and insert the following:
A BILL FOR AN ACT concerning utilities.
Delete everything after the enacting clause and insert the following:
(SEE TEXT OF BILL)
and when so amended that said bill do pass.
(Reference is to SB 502 as introduced.)
KOCH, Chairperson
Committee Vote: Yeas 9, Nays 1.
_____
SENATE MOTION
Mr. President: I move that Senate Bill 502 be amended to read as
follows:
Page 1, line 3, delete "person" and insert "person, other than an
electricity supplier as defined in IC 8-1-2.3-2(b),".
Page 1, line 8, delete "owner." and insert "owner utilizing funds
obtained by the attaching entity from a state or federal program
directly related to the expansion of communications services to
rural areas.".
(Reference is to SB 502 as printed February 7, 2025.)
ZAY
ES 502—LS 7289/DI 119 8
COMMITTEE REPORT
Mr. Speaker: Your Committee on Utilities, Energy and
Telecommunications, to which was referred Senate Bill 502, has had
the same under consideration and begs leave to report the same back
to the House with the recommendation that said bill be amended as
follows:
Page 1, line 1, delete "The following" and insert "This SECTION
applies to a contract that is executed after June 30, 2025.
(b) For purposes of this SECTION, a membership organization
may participate or negotiate on behalf of, or otherwise represent
the interests of, one (1) or more of its members in connection with:
(1) an attachment request; or
(2) any of the procedures prescribed by this SECTION with
respect to an attachment request;
as may be agreed to by the association and one (1) or more of its
members.
(c) The following definitions apply throughout this SECTION:".
Page 1, delete line 2.
Page 1, line 4, delete "as defined in IC 8-1-2.3-2(b)," and insert "(as
defined in IC 8-1-2.3-2(b)),".
Page 1, line 6, delete "made by an" and insert "made:
(A) by an attaching entity to a pole owner for authorization
to install, within a period of not more than thirty (30) days,
communications service equipment on three hundred (300)
or more poles owned by the pole owner; and
(B) 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.
(3)"BEAD" refers to the federal Broadband Equity, Access,
and Deployment Program established by the federal
Infrastructure Investment and Jobs Act (P.L. 117-58).".
Page 1, delete lines 7 through 12.
Page 1, line 13, delete "(3)" and insert "(4)".
Page 1, between lines 15 and 16, begin a new line block indented
and insert:
"(5) "Contract" refers to a contract or other agreement that:
(A) is executed by an attaching entity and a state or federal
governmental agency in connection with a state or federal
program directly related to the expansion of
communications services to unserved, underserved, or
rural areas; and
ES 502—LS 7289/DI 119 9
(B) sets forth the terms and conditions for the project for
which funding has been awarded under the state or federal
program, such as:
(i) sources of funding for the project, including the
amount of funding awarded for the project under the
program;
(ii) timelines for the commencement and completion of
the project;
(iii) any conditions placed on the release of funds under
the program on the progressive completion of the
project; and
(iv) other applicable terms and conditions.
The term includes a grant agreement required under
IC 4-4-38.5-12 in connection with an eligible broadband
project under IC 4-4-38.5.
(6) "Membership organization" means an organization or
association whose membership comprises:
(A) attaching entities; or
(B) pole owners.".
Page 1, line 16, delete "(4)" and insert "(7)".
Page 1, line 17, delete "(5)" and insert "(8)".
Page 2, line 1, delete "(6)" and insert "(9)".
Page 2, between lines 2 and 3, begin a new line block indented and
insert:
"(10) "Process management agreement" means a written
agreement entered into by:
(A) an attaching entity that has been awarded funding
under a state or federal program described in subdivision
(2)(B); and
(B) a pole owner that owns at least three hundred (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 enabling the deployment of broadband
services throughout Indiana by establishing processes,
timelines, mutual performance obligations, and options for
conflict resolution procedures, as described in subsection
(f)(1) through (f)(5), for the timely completion of attachment
requests in conformance with state and federal safety and
operational regulations and guidelines.
(d) Not later than five (5) business days after a contract is
executed, the office shall publish the contract on the office's
ES 502—LS 7289/DI 119 10
website.
(e) Not later than sixty (60) days after a contract is executed:
(1) the attaching entity that executed the contract; and
(2) each pole owner that owns at least three hundred (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, including mutual performance obligations and timelines for
the commencement and completion of each party's responsibilities
with respect to the anticipated attachment requests.
(f) Not later than four (4) months after the National
Telecommunications Information Administration approves the
office's final proposal (as defined in IC 4-4-38.6-3) for BEAD
funding, if an attaching entity that has been awarded funding
under a state or federal program described in subsection (c)(2)(B)
does not have a process management agreement in effect with a
pole owner that owns at least three hundred (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, at a minimum, the following:
(1) The process to be followed by both the attaching entity and
the pole owner, including key steps and progressive
milestones, for timely completing attachment requests.
(2) Reasonable timelines for communication and notification
responsibilities and requirements, including for holding any
pre-filing meeting or periodic status meetings between the
attaching entity and the pole owner during the process.
(3) A plan to secure the internal and external resources
necessary for timely completing the planned deployment.
(4) Mutual performance obligations that support an efficient
processing of attachment requests by minimizing the burdens
on, and creating accountability between, the attaching entity
and the pole owner, including a timeline for completing
post-attachment inspection surveys.
(5) Options for conflict resolution procedures to enable the
parties to resolve issues.
(g) If the attaching entity and a pole owner described in
subsection (f) do not reach an agreement as to the terms,
conditions, and timelines for a process management agreement
within the four (4) month period set forth in subsection (f), or
ES 502—LS 7289/DI 119 11
otherwise have an agreement described in subsection (f) in effect
within that four (4) month period, the following conditions apply
with respect to the attaching entity and that pole owner with
respect to any attachment request that does not seek the
attachment of more than three thousand (3,000) poles within a
period of not more than thirty (30) days:
(1) Not later than twenty-four (24) months after the contract
(as defined in subsection (c)(5)) is executed, the attaching
entity shall submit to the pole owner:
(A) an application for a pole attachment permit; and
(B) the contact information for a primary representative
of:
(i) the attaching entity; and
(ii) any contractor or subcontractor of the attaching
entity.
(2) Not later than ten (10) days after receiving an application
under subdivision (1), the pole owner shall determine whether
the attaching entity's application is complete and shall
provide to the attaching entity written notice of the
determination. If the pole owner determines that the
application is incomplete, the pole owner shall state in the
notice all reasons, including the specific identification of any
missing information, for the pole owner's determination of
incompleteness. The attaching entity may remedy any
deficiency identified in the notice and resubmit an application
under this subdivision.
(3) Not later than one hundred twenty (120) days after the
attaching entity's submission of a complete application, the
pole owner shall do the following:
(A) Authorize all pole attachments:
(i) requested in the attaching entity's application; and
(ii) approved by the pole owner.
(B) Provide an estimate of any make ready work required
to make all poles included in the application accessible to
the attaching entity. The estimate required under this
clause must:
(i) list the charges for each individual pole for which the
attaching entity seeks an attachment; and
(ii) be consistent with the terms and charges under any
existing joint use attachment agreement between the pole
owner and the attaching entity.
(C) If the pole owner:
ES 502—LS 7289/DI 119 12
(i) denies one (1) or more requested pole attachments; or
(ii) places conditions or restrictions on one (1) or more
requested pole attachments;
provide to the attaching entity a written notice that
includes the reasons, which must be based on an
engineering or technical analysis, for the denial, conditions,
or restrictions, as applicable.
(4) Not later than thirty (30) days after receiving an estimate
under subdivision (3)(B), the attaching entity shall submit
payment to the pole owner for the listed charges for the
required make ready work. Not later than one hundred
twenty (120) days after the attaching entity submits payment
under this subdivision, the pole owner must:
(A) have completed any necessary make ready work for all
approved poles; and
(B) issue a pole attachment permit to the attaching entity.".
Page 2, delete lines 3 through 19.
Page 2, line 20, delete "(d)" and insert "(h)".
Page 2, line 21, delete "SECTION." and insert "SECTION,
including guidelines to implement 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 under this
SECTION. Mediation guidelines adopted under this subsection
must:
(1) be modeled after the federal Rapid Broadband Assessment
Team Review and Assessment process and require a
complainant to pursue remedies available under federal law
before seeking relief from the office; and
(2) require the parties to mutually commit to the efficient
deployment of broadband service to unserved, underserved,
and rural areas in Indiana.".
Page 2, line 22, delete "(e)" and insert "(i)".
and when so amended that said bill do pass.
(Reference is to SB 502 as reprinted February 14, 2025.)
SOLIDAY
Committee Vote: yeas 13, nays 0.
ES 502—LS 7289/DI 119