2019 Indiana Code
Title 32. Property
Article 30. Causes of Action Concerning Real Property
Chapter 16. Utility Easements
32-30-16-8. Installing new communications infrastructure or making capacity available through existing infrastructure; written notice to property owner required; contents; electricity supplier's plan for making broadband Internet service available; delivery of notice; duty to resend notice; resetting of time period for bringing cause of action; confidential information; no liability for broadband plan
Sec. 8. (a) This section applies to an electricity supplier that:
(1) installs new communications infrastructure; or
(2) makes capacity available for communications service through existing communications infrastructure;
within an electric easement under this chapter.
(b) As used in this section, "notice" means a written letter:
(1) that is sent by first class mail by the electricity supplier to the property owner; and
(2) that includes the following information:
(A) The name, address, and telephone number of the electricity supplier, along with a named point of contact for the electricity supplier.
(B) Either:
(i) the address and name associated with the impacted property; or
(ii) if the name of the property owner is not known by the electricity supplier, the address associated with the affected property, with the letter addressed to "The property owner of (street address, city, state, and ZIP code of the affected property)".
(C) A citation to this chapter.
(D) A statement indicating the electricity supplier's intent to:
(i) install new communications infrastructure; or
(ii) make capacity available for communications service through existing communications infrastructure;
as applicable, within the electric easement.
(E) An estimate of when:
(i) installation of new communications infrastructure will occur; or
(ii) communications service will be made available through existing communications infrastructure;
as applicable, within the electric easement.
(F) A statement explaining the electricity supplier's right to record a new easement under section 14 of this chapter.
(G) A summary of the property owner's right to obtain an appraisal under section 11 of this chapter and to bring an action under section 12 of this chapter, including:
(i) a statement of the time limit for bringing an action, as set forth in section 10 of this chapter; and
(ii) a statement explaining that the property owner is precluded from exercising the rights that are otherwise available to the property owner under sections 11 and 12 of this chapter if the property owner signs an agreement, a master agreement, or an affidavit described in section 9 of this chapter.
(H) Subject to subsections (f) and (g), a written plan for making broadband Internet service available within the electricity supplier's electric service territory, including the following information, to the extent the information is available to and known by the electricity supplier:
(i) A description of the proposed area or areas in which the broadband Internet service is to be made available.
(ii) A map of the proposed area or areas identified under item (i).
(iii) A proposed timetable for making broadband Internet service available in the area or areas identified under item (i).
(iv) A statement as to whether the electricity supplier, an affiliated entity, or a third party would provide the broadband Internet service to be made available.
(v) The anticipated costs to the electricity supplier's members of any infrastructure necessitated by the plan.
(c) An electricity supplier shall provide notice to a property owner upon whose property the electricity supplier will:
(1) install new communications infrastructure; or
(2) make capacity available for communications service through existing communications infrastructure;
within an electric easement under this chapter. An electricity supplier's provision of a notice that substantially conforms to the requirements set forth in subsection (b) constitutes the provision of notice for purposes of this section.
(d) Delivery of notice under this section occurs on the date upon which the notice is mailed by an electricity supplier to a property owner. An electricity supplier may prove delivery of notice under this section by any official or generally accepted time stamped document, whether maintained in physical form or electronically by the electricity supplier. A court shall accept proof described in this section in a proceeding under section 12 of this chapter.
(e) If:
(1) installation of new communications infrastructure does not occur; or
(2) communications service is not made available through existing communications infrastructure;
within the electric easement within one hundred eighty (180) days after notice under this section is delivered, as determined under subsection (d), the electricity supplier shall resend notice under this section to the property owner, and the time period set forth in section 10 of this chapter restarts based on the date the subsequent notice is delivered, as determined under subsection (d). A property owner's exclusive remedy for an electricity supplier's failure to provide notice as required under this section is the resetting of the time period set forth in section 10 of this chapter.
(f) This section does not require an electricity supplier, an affiliated entity of an electricity supplier, or a communications service provider to disclose confidential and proprietary business plans and other confidential information.
(g) The failure of an electricity supplier to:
(1) make broadband Internet service available in any area identified in the plan required by subsection (b)(2)(H);
(2) meet the proposed timetable for making broadband Internet service available in any area identified in the plan required by subsection (b)(2)(H);
(3) accurately estimate the costs to the electricity supplier's members of any infrastructure necessitated by the plan required by subsection (b)(2)(H); or
(4) otherwise take any actions described in, or related to, the plan required by subsection (b)(2)(H);
does not create any liability with respect to the electricity supplier beyond that which would otherwise apply under applicable law and, except as provided in section 1(c) of this chapter, does not preclude the electricity supplier from using the procedures set forth in this chapter.
As added by P.L.236-2017, SEC.1.
