2013 Indiana Code TITLE 8. UTILITIES AND TRANSPORTATION ARTICLE 1. UTILITIES GENERALLY CHAPTER 32.7. USE AND PROVISION OF COMMUNICATIONS SERVICE BY THE STATE
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IC 8-1-32.7
Chapter 32.7. Use and Provision of Communications Service
by the State
IC 8-1-32.7-1
"Communications service"
Sec. 1. As used in this chapter, "communications service" has the
meaning set forth in IC 8-1-32.5-3.
As added by P.L.79-2012, SEC.1.
IC 8-1-32.7-2
"Communications service provider"
Sec. 2. As used in this chapter, "communications service
provider" has the meaning set forth in IC 8-1-32.5-4.
As added by P.L.79-2012, SEC.1.
IC 8-1-32.7-3
"I-Light"
Sec. 3. As used in this chapter, "I-Light" refers to the high speed
communications network that connects state educational institutions
and private postsecondary educational institutions throughout
Indiana. The term includes the networks, and any successor
networks, known at any time as I-Light or I-Light 2, or any other
version or iteration of those names, or by any other designation.
As added by P.L.79-2012, SEC.1.
IC 8-1-32.7-4
"State"
Sec. 4. (a) As used in this chapter, "state" means the state of
Indiana and any officer, agency, department, board, bureau,
commission, division, or institution of the state of Indiana, the
trustees or board of directors of any instrumentality of the state of
Indiana or body politic of the state of Indiana, and the trustees of any
state educational institution.
(b) The term includes a state agency or other instrumentality of
state government that holds the contract for the state's indefeasible
right of use to I-Light.
As added by P.L.79-2012, SEC.1.
IC 8-1-32.7-5
Use of I-Light to provide communications service prohibited;
exceptions; existing contractual obligations
Sec. 5. (a) Except as provided in subsections (b) and (c) and in
IC 21-28-5, after March 31, 2012, I-Light may not be used to offer or
provide, directly or indirectly, communications service to the public
or to any private or governmental entity.
(b) This section does not prohibit the use of I-Light for any of the
following:
(1) The provision of communications service to the extent used
solely for 911 service, enhanced 911 service, or any other
emergency or law enforcement purpose.
(2) The provision of communications service to a state
educational institution or a private postsecondary educational
institution in furtherance of education or research for the direct
benefit of students, faculty, or staff. The provision of
communications service under this subdivision may include the
provision of communications service to a person that is not a
state educational institution or a private postsecondary
educational institution if:
(A) the person has a research and development relationship
with a state educational institution or a private
postsecondary educational institution; and
(B) the communications service required by and provided to
the person:
(i) is a one (1) gigabit per second or greater network
connection;
(ii) is used in furtherance of the research and development
relationship only;
(iii) is provided only for a specific research and
development project;
(iv) is provided only for the limited duration of the
specific research and development project; and
(v) is not provided in competition with private sector
communications service providers' provision of
communications service.
(3) The provision of communications service to member
licensees of Indiana Public Broadcasting Stations, Inc., for the
direct benefit of public broadcasting.
(c) Notwithstanding subsection (a), the state remains subject to
any contractual rights, duties, and obligations incurred by the state
and owed to any private person under a contract for the provision of
communications service that was entered into by the state before
April 1, 2012, and that remains in effect after March 31, 2012. All
liens, security interests, royalties, and other contracts, rights, and
interests owed to a private person under the contract continue in full
force and effect and must be paid or performed by the state in the
manner specified in the contract, subject to the right of the state and
all other contracting parties to renegotiate the terms of the contract
at any time before the expiration of the contract.
As added by P.L.79-2012, SEC.1.
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