IC 8-1-32.6
    Chapter 32.6. Access to Real Property by CommunicationsService Providers

IC 8-1-32.6-1
"Commission"
    Sec. 1. As used in this chapter, "commission" refers to the Indianautility regulatory commission created by IC 8-1-1-2.
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-2
"Communications service"
    Sec. 2. (a) As used in this chapter, "communications service"refers to any of the following:
        (1) Telecommunications service (as defined in 47 U.S.C.153(46)).
        (2) Information service (as defined in 47 U.S.C. 153(20)).
    (b) The term includes:
        (1) video service (as defined in IC 8-1-34-14);
        (2) broadband service;
        (3) advanced services (as defined in 47 CFR 51.5); and
        (4) Internet Protocol enabled services;
however classified by the Federal Communications Commission.
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-3
"Communications service provider"
    Sec. 3. As used in this chapter, "communications serviceprovider" means a person or an entity, or an affiliate (as defined inIC 8-1-34-1) of a person or an entity, that offers communicationsservice to customers in Indiana, without regard to the technology ormedium used by the person or entity to provide the communicationsservice. The term includes a provider of commercial mobile service(as defined in 47 U.S.C. 332).
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-4
"Multitenant real estate"
    Sec. 4. As used in this chapter, "multitenant real estate" meansany:
        (1) geographic area;
        (2) building; or
        (3) group of buildings;
containing more than one (1) unit for business purposes. The termincludes office buildings and office parks. The term does not includeapartment buildings, condominiums, or subdivisions.
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-5
"Person"    Sec. 5. As used in this chapter, "person" means an individual, acorporation, a limited liability company, a partnership, anunincorporated association, or a governmental entity.
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-6
"Provider of last resort"
    Sec. 6. As used in this chapter, "provider of last resort" has themeaning set forth in IC 8-1-32.4-9.
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-7
Prohibited contracts, agreements, and arrangements; complaint;commission investigation; civil penalty; enforcement by attorneygeneral; right to appeal
    Sec. 7. (a) After March 27, 2006, a communications serviceprovider shall not enter into any contract, agreement, or otherarrangement that does any of the following:
        (1) Requires any person to restrict or limit:
            (A) the ability of another communications service providerto obtain easements or rights-of-way for the installation offacilities or equipment used to provide communicationsservice to Indiana customers; or
            (B) access to real property by another communicationsservice provider.
        (2) Offers or grants incentives or rewards to an owner of realproperty if the incentives or rewards are contingent upon theproperty owner's agreement to restrict or limit:
            (A) the ability of another communications service providerto obtain easements or rights-of-way for the installation offacilities or equipment used to provide communicationsservice on the property; or
            (B) access to the owner's real property by anothercommunications service provider.
A contract, an agreement, or any other arrangement that violates thissection is void if the contract, agreement, or arrangement is enteredinto after March 27, 2006. However, a contract, an agreement, or anyother arrangement that otherwise violates this section remains ineffect until such time as it would normally terminate or expire if thecontract, agreement, or arrangement is entered into before March 28,2006.
    (b) This section does not prohibit a communications serviceprovider and a subscriber from entering into any lawful contract,agreement, or other arrangement concerning the communicationsservice offered by the communications service provider to thesubscriber.
    (c) Upon:
        (1) a complaint filed by:
            (A) another communications service provider;
            (B) a subscriber or potential subscriber of communications

service;
            (C) the utility consumer counselor; or
            (D) any class satisfying the standing requirements ofIC 8-1-2-54; or
        (2) the commission's own motion;
the commission may investigate whether a communications serviceprovider has violated this section. If, after notice and an opportunityfor hearing, the commission determines that the communicationsservice provider has violated this section, the commission may issuean order imposing a civil penalty of not more than five hundreddollars ($500) for each violation. For purposes of this subsection,each day that a contract, an agreement, or an arrangement prohibitedby this section remains in effect constitutes a separate violation.
    (d) The attorney general may bring an action in the name of thestate to enforce an order of the commission under subsection (c),including the collection of an unpaid civil penalty imposed by thecommission.
    (e) Civil penalties collected under this section shall be depositedin the state general fund.
    (f) A determination by the commission under this section issubject to appeal under IC 8-1-3.
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-8
Exclusive service arrangements; relief from provider of last resortobligations; voluntary provision of services
    Sec. 8. (a) Notwithstanding IC 8-1-32.4-14, the commission maynot require a communications service provider, including a providerof last resort, to provide any communications service to theoccupants of multitenant real estate if the owner, operator, ordeveloper of the multitenant real estate does any of the following tothe benefit of another communications service provider:
        (1) Permits only one (1) communications service provider toinstall the provider's facilities or equipment during theconstruction or development phase of the multitenant realestate.
        (2) Accepts or agrees to accept incentives or rewards that:
            (A) are offered by a communications service provider to theowner, operator, developer, or occupants of the multitenantreal estate; and
            (B) are contingent upon the provision of communicationsservice by that provider to the occupants of the multitenantreal estate, to the exclusion of any services provided by othercommunications service providers.
        (3) Collects from the occupants of the multitenant real estateany charges for the provision of communications service to theoccupants, including charges collected through rent, fees, ordues.
        (4) Enters into an agreement with a communications serviceprovider that is prohibited by section 7 of this chapter.    (b) This subsection applies to a communications service providerthat is relieved under subsection (a) of an obligation to providecommunications service to the occupants of multitenant real estate.This section does not prohibit the communications service providerfrom voluntarily offering service to the occupants of the multitenantreal estate. However, the commission shall not exercise jurisdictionover the terms, conditions, rates, or availability of anycommunications service voluntarily offered by a communicationsservice provider under this subsection.
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-9
Owners, operators, and developers of multitenant real estate;prohibited acts; reasonable conditions on access; right of action
    Sec. 9. (a) Except as provided in subsection (b), the owner,operator, or developer of multitenant real estate located in a servicearea in which one (1) or more communications service providers areauthorized to provide communications service may not do any of thefollowing:
        (1) Prevent a communications service provider from installingon the premises communications service equipment that anoccupant requests.
        (2) Interfere with a communications service provider'sinstallation on the premises of communications serviceequipment that an occupant requests.
        (3) Discriminate against a communications service provider orimpose unduly burdensome conditions on the terms, conditions,and compensation for a communications service provider'sinstallation of communications service equipment on thepremises.
        (4) Demand or accept an unreasonable payment from:
            (A) an occupant; or
            (B) a communications service provider;
        in exchange for allowing the communications service provideraccess to the premises.
        (5) Discriminate against or in favor of an occupant in anymanner, including charging higher or lower rental charges to theoccupant, because of the communications service provider fromwhich the occupant receives communications service.
    (b) This section does not prohibit the owner, operator, ordeveloper of multitenant real estate from doing any of the following:
        (1) Imposing a condition on a communications service providerthat is reasonably necessary to protect:
            (A) the safety, security, appearance, or condition of theproperty; or
            (B) the safety and convenience of other persons.
        (2) Imposing a reasonable limitation on the hours during whicha communications service provider may have access to thepremises to install communications service equipment.
        (3) Imposing a reasonable limitation on the number of

communications service providers that have access to thepremises, if the owner, operator, or developer can demonstratea space constraint that requires the limitation.
        (4) Requiring a communications service provider to agree toindemnify the owner, operator, or developer for damage causedby installing, operating, or removing communications serviceequipment on or from the premises.
        (5) Requiring an occupant or a communications serviceprovider to bear the entire cost of installing, operating, orremoving communications service equipment.
        (6) Requiring a communications service provider to paycompensation for access to or use of the premises, as long as thecompensation is:
            (A) reasonable; and
            (B) nondiscriminatory;
        among communications service providers.
    (c) For purposes of this subsection, an "affected person" includesthe following:
        (1) An occupant that is a current or potential subscriber ofcommunications service on the premises of multitenant realestate.
        (2) A unit in which multitenant real estate is located, acting onbehalf of:
            (A) a person described in subdivision (1); or
            (B) other similarly situated persons.
        (3) A communications service provider.
An affected person that alleges a violation of this section by theowner, operator, or developer of multitenant real estate may seekequitable or compensatory relief in a court having jurisdiction. Theparty prevailing in any action filed under this section is entitled torecover the costs of the action, including reasonable attorney's feesas determined by the court.
As added by P.L.27-2006, SEC.56.

IC 8-1-32.6-10
Commission's authority to adopt rules
    Sec. 10. The commission may adopt rules under IC 4-22-2 toimplement this chapter.
As added by P.L.27-2006, SEC.56.