Ind. Code ch. 5-28-28.5

in effect

Ind. Code § 5-28-28.5-0.5 "Broadband services"

Sec. 0.5. As used in this chapter, "broadband services" includes services, including voice, video, and data, that provide capacity for transmission of more than three hundred eighty-four (384) kilobits per second in at least one (1) direction regardless of the technology or medium used, including wireless, copper wire, fiber optic cable, or coaxial cable. If voice transmission capacity is offered in conjunction with other services using transmission of more than three hundred eighty-four (384) kilobits per second, the voice transmission capacity may be less than three hundred eighty-four (384) kilobits per second. The authority shall annually reconsider the three hundred eighty-four (384) kilobits threshold under this section with a bias toward raising the threshold in a manner consistent with technological advances. As added by P.L.189-2018, SEC.47.

Ind. Code § 5-28-28.5-1 "Center"

Sec. 1. As used in this chapter, "center" refers to the broadband ready communities development center established by section 5 of this chapter. As added by P.L.18-2015, SEC.1.

Ind. Code § 5-28-28.5-2 "Permit"

Sec. 2. As used in this chapter, "permit" means any local, state, or federal agency permit, license, certificate, approval, registration, or similar form of approval required by statute, administrative rule, regulation, ordinance, or resolution with respect to a project. As added by P.L.18-2015, SEC.1.

Ind. Code § 5-28-28.5-3 "Project"

Sec. 3. As used in this chapter, "project" means the construction or deployment of wireline or wireless communications facilities to provide communications services (as defined in IC 8-1-32.5-3) in a unit. As added by P.L.18-2015, SEC.1.

Ind. Code § 5-28-28.5-4 "Unit"

Sec. 4. As used in this chapter, "unit" means a county, city, or town. As added by P.L.18-2015, SEC.1.

Ind. Code § 5-28-28.5-5 Broadband ready communities development center established; duties

Sec. 5. The broadband ready communities development center is established within the office of community and rural affairs. The center has the following duties: (1) Providing comprehensive information concerning permits required for projects and related business activities in Indiana and making this information available to any person. (2) Working with other state and local government offices, departments, and administrative entities to encourage timely and efficient issuance of permits and resolution of related issues. (3) Encouraging local and federal government agencies to coordinate activities related to approving applications and issuing permits for projects. As added by P.L.18-2015, SEC.1. Amended by P.L.59-2020, SEC.1.

Ind. Code § 5-28-28.5-6 Certification of unit as broadband ready community; application; approval

Sec. 6. (a) In addition to the duties set forth in section 5 of this chapter, the center shall create a program to certify a unit as a broadband ready community. (b) A unit may apply for certification as a broadband ready community. The application must be in a form and manner prescribed by the office of community and rural affairs. The office of community and rural affairs shall approve an application and certify a unit as a broadband ready community if the office of community and rural affairs determines that the unit has: (1) established a permit procedure that complies with section 7 of this chapter; (2) established a broadband adoption procedure that complies with section 8 of this chapter; and (3) complied with any other requirements of the office of community and rural affairs. As added by P.L.18-2015, SEC.1. Amended by P.L.33-2017, SEC.1; P.L.59-2020, SEC.2.

Ind. Code § 5-28-28.5-7 Procedure for reviewing applications and issuing permits for projects

Sec. 7. (a) A unit that wishes to be certified as a broadband ready community must establish a procedure to review applications and issue permits for projects. The procedure must contain the following components: (1) A single point of contact for all matters related to a project. (2) A guarantee that all applications related to a project will be reviewed and either approved or rejected within ten (10) business days after an application is submitted. (3) An assurance that all inspections, including necessary approvals, related to a project will occur in a timely and expeditious manner. (4) An authorization for all forms, applications, and documentation related to a project to be filed and signed by electronic means. (b) A procedure established under subsection (a) may not do the following: (1) Require an applicant to designate a final contractor to complete a project. (2) Impose a fee to review an application or issue a permit for a project. (3) Impose a seasonal moratorium on the issuance of permits for a project. (4) Discriminate among communications service providers or utilities with respect to any action described in this section or otherwise related to a project, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, and any other physical assets owned or controlled by the unit. As added by P.L.18-2015, SEC.1.

Ind. Code § 5-28-28.5-8 Broadband adoption; procedure to promote broadband adoption after certification of unit as broadband ready community; prohibitions

Sec. 8. (a) As used in this section, "broadband adoption" refers to an agreement by a customer to subscribe to broadband services that are: (1) offered by a communications service provider; and (2) available to the customer. (b) A unit that wishes to be certified as a broadband ready community must establish a procedure to promote broadband adoption in the unit after the unit is certified as a broadband ready community. The procedure must include the following: (1) A single point of contact in charge of broadband adoption in the unit. (2) An assurance that each communications service provider that already provides broadband services in the unit will be notified that the unit is applying to be a broadband ready community. (3) An assurance that the unit will work with communications service providers to promote broadband adoption in the unit. (c) A procedure established under subsection (b) may not do the following: (1) Discriminate among communications service providers with respect to promoting broadband adoption in the unit. (2) Impose a fee on communications service providers to fund promotion of broadband adoption in the unit. As added by P.L.33-2017, SEC.2. Amended by P.L.177-2018, SEC.6; P.L.189-2018, SEC.48.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026