Indiana House Bill 1395 (Prior Session Legislation)

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Spectrum: Slight Partisan Bill (Republican 3-1)
Status: Introduced on January 14 2019 - 25% progression, died in committee
Action: 2019-01-16 - Representative Lehman added as coauthor
Pending: House Utilities, Energy and Telecommunications Committee
Text: Latest bill text (Introduced) [PDF]

Broadband development. Provides that the Indiana utility regulatory commission (IURC) may adopt rules necessary to administer the Indiana universal service fund (IUSF), including rules to: (1) adjust the amount of the surcharge percentage required to be collected by communications service providers and remitted to the IUSF; and (2) establish the types of communications service providers that are required to assess a surcharge for remittance to the IUSF. Provides that the IURC may, to the extent not prohibited by federal law, require a provider of interconnected VoIP service to collect and remit to the IUSF a surcharge on the provider's revenue from intrastate use of the provider's interconnected VoIP service. Provides that a communications service provider, including a provider of broadband service through fiber optic cable, has access to public rights-of-way as a public utility for purposes of federal law exempting public utilities from payment of fair market value for use of public rights-of-way acquired with federal mass transportation funds. Allows use of the I-Light network for provision of communications service to unserved areas, subject to rules adopted by the office of community and rural affairs to: (1) define unserved areas for purposes of the rules; and (2) establish an application process to receive and evaluate proposals by communications service providers for use of I-Light to provide communications service to unserved areas. Provides that a fee owner of a right-of-way or a possessor of an easement: (1) is not entitled to compensation; (2) may not charge a fee of any kind; and (3) may not unreasonably deny authorization; for construction, operation, or maintenance of infrastructure by public and municipally owned utilities, including communications service providers, to the extent that the construction, operation, or maintenance does not interfere with the ordinary and normal use of the right-of-way or easement. Provides that the department of transportation, when issuing a permit for excavation or obstruction of a street, highway, or right-of-way: (1) may not require provision of a bond or cash deposit in an amount greater than $10,000 for each area designated in the permit; and (2) must accept a blanket bond in satisfaction of the bond requirement. Makes a technical correction.

Broadband development. Provides that the Indiana utility regulatory commission (IURC) may adopt rules necessary to administer the Indiana universal service fund (IUSF), including rules to: (1) adjust the amount of the surcharge percentage required to be collected by communications service providers and remitted to the IUSF; and (2) establish the types of communications service providers that are required to assess a surcharge for remittance to the IUSF. Provides that the IURC may, to the extent not prohibited by federal law, require a provider of interconnected VoIP service to collect and remit to the IUSF a surcharge on the provider's revenue from intrastate use of the provider's interconnected VoIP service. Provides that a communications service provider, including a provider of broadband service through fiber optic cable, has access to public rights-of-way as a public utility for purposes of federal law exempting public utilities from payment of fair market value for use of public rights-of-way acquired with federal mass transportation funds. Allows use of the I-Light network for provision of communications service to unserved areas, subject to rules adopted by the office of community and rural affairs to: (1) define unserved areas for purposes of the rules; and (2) establish an application process to receive and evaluate proposals by communications service providers for use of I-Light to provide communications service to unserved areas. Provides that a fee owner of a right-of-way or a possessor of an easement: (1) is not entitled to compensation; (2) may not charge a fee of any kind; and (3) may not unreasonably deny authorization; for construction, operation, or maintenance of infrastructure by public and municipally owned utilities, including communications service providers, to the extent that the construction, operation, or maintenance does not interfere with the ordinary and normal use of the right-of-way or easement. Provides that the department of transportation, when issuing a permit for excavation or obstruction of a street, highway, or right-of-way: (1) may not require provision of a bond or cash deposit in an amount greater than $10,000 for each area designated in the permit; and (2) must accept a blanket bond in satisfaction of the bond requirement. Makes a technical correction.

Rep. Sharon Negele [R]

Rep. Dave Heine [R]

Rep. Terry Goodin [D]

Rep. Matthew Lehman [R]

Date	Chamber	Action
2019-01-16	House	Representative Lehman added as coauthor
2019-01-14	House	First reading: referred to Committee on Utilities, Energy and Telecommunications
2019-01-14	House	Coauthored by Representatives Heine and Goodin
2019-01-14	House	Authored by Representative Negele

Type	Source
Summary	https://iga.in.gov/legislative/2019/bills/house/1395/details
Text	http://iga.in.gov/static-documents/0/d/b/9/0db9b94e/HB1395.01.INTR.pdf