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SB 502 IN
Became Law

Attachments to utility poles.

IN · session 2025 · Senate · bill

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Introduced Jan 14, 2025

Latest action (May 6, 2025) Public Law 209

Summary

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 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.

Sponsors (3)

2 coauthors / cosponsors

Action history (21)

  1. Jan 14, 2025 First reading: referred to Committee on Utilities · upper
  2. Jan 14, 2025 Authored by Senators Zay and Koch · upper
  3. Feb 6, 2025 Committee report: amend do pass, adopted · upper
  4. Feb 13, 2025 Second reading: amended, ordered engrossed · upper
  5. Feb 13, 2025 Amendment #1 (Zay) prevailed; voice vote · upper
  6. Feb 17, 2025 Third reading: passed; Roll Call 133: yeas 47, nays 0 · upper
  7. Feb 17, 2025 House sponsor: Representative DeVon · upper
  8. Feb 17, 2025 Cosponsors: Representatives Jeter and Shonkwiler · upper
  9. Feb 18, 2025 Referred to the House · upper
  10. Mar 3, 2025 First reading: referred to Committee on Utilities, Energy and Telecommunications · lower
  11. Apr 8, 2025 Committee report: amend do pass, adopted · lower
  12. Apr 10, 2025 Second reading: ordered engrossed · lower
  13. Apr 14, 2025 Third reading: passed; Roll Call 444: yeas 93, nays 0 · lower
  14. Apr 15, 2025 Returned to the Senate with amendments · lower
  15. Apr 21, 2025 Motion to concur filed · upper
  16. Apr 24, 2025 Senate concurred with House amendments; Roll Call 527: yeas 47, nays 2 · upper
  17. Apr 29, 2025 Signed by the President of the Senate · upper
  18. May 6, 2025 Signed by the Governor · executive
  19. Apr 25, 2025 Signed by the Speaker · lower
  20. Apr 25, 2025 Signed by the President Pro Tempore · upper
  21. May 6, 2025 Public Law 209 · upper
Subjects
AGENCIES; Utility Regulatory Commission (IURC)CIVIL LAW AND PROCEDURE; Contracts and Legal DocumentsENERGY; GenerallyFEDERAL GOVERNMENT; GenerallySTATE GOVERNMENT; Federal FundingTECHNOLOGY; Communication (Including Internet, Phone Lines, Print Media, Radio, and Television)UTILITIES; Generally

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