CHAPTER 33. INDIANA BROADBAND DEVELOPMENT PROGRAM
IC 8-1-33
Chapter 33. Indiana Broadband Development Program
IC 8-1-33-1
Declaration of purpose
Sec. 1. (a) The general assembly finds that certain areas of Indianaare not being adequately served with broadband services.
(b) The general assembly declares that it is a valid public purposefor the Indiana finance authority to issue bonds and notes, and loanthe proceeds of those bonds and notes to the program, so that theauthority may provide for financing or refinancing to broadbanddevelopers and broadband operators serving underserved areas.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-2
"Affordable broadband services"
Sec. 2. As used in this chapter, "affordable broadband services"means broadband services that are available at a price reasonablycomparable to the price charged for broadband services in an areathat is not an underserved area.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-3
"Authority"
Sec. 3. As used in this chapter, "authority" refers to the Indianafinance authority established by IC 4-4-11-4.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-4
"Broadband developer"
Sec. 4. As used in this chapter, "broadband developer" means aperson selected by the authority to acquire, construct, develop, andcreate any part of the broadband infrastructure.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-5
"Broadband development program" or "program"
Sec. 5. As used in this chapter, "broadband development program"or "program" refers to the Indiana broadband development programestablished by section 15 of this chapter.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-6
"Broadband infrastructure"
Sec. 6. As used in this chapter, "broadband infrastructure"includes all facilities, hardware, and software and other intellectualproperty used for and necessary to provide broadband services inunderserved areas of Indiana, including voice, video, and data.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-7
"Broadband operator"
Sec. 7. As used in this chapter, "broadband operator" means aperson selected by the authority to operate any part of the broadbandinfrastructure.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-8
"Broadband services"
Sec. 8. As used in this chapter, "broadband services" includesservices, including voice, video, and data, that provide capacity fortransmission of more than three hundred eighty-four (384) kilobitsper second in at least one (1) direction regardless of the technologyor medium used, including wireless, copper wire, fiber optic cable,or coaxial cable. If voice transmission capacity is offered inconjunction with other services using transmission of more thanthree hundred eighty-four (384) kilobits per second, the voicetransmission capacity may be less than three hundred eighty-four(384) kilobits per second. The authority shall annually reconsider thethree hundred eighty-four (384) kilobits threshold under this sectionwith a bias toward raising the threshold in a manner consistent withtechnological advances.
As added by P.L.235-2005, SEC.105. Amended by P.L.152-2009,SEC.2.
IC 8-1-33-9
"Development costs"
Sec. 9. As used in this chapter, "development costs" means thecosts associated with the broadband infrastructure that have beenapproved by the authority and includes all the following:
(1) The costs for the planning, acquiring, leasing, constructingand maintaining of the broadband infrastructure.
(2) Payments for options to purchase, deposits on contracts ofpurchase, and payments for the purchases of properties for thebroadband infrastructure.
(3) Financing, refinancing, acquisition, demolition,construction, rehabilitation, and site development of new andexisting buildings.
(4) Carrying charges during construction.
(5) Purchases of hardware, software, facilities, or otherexpenses related to the broadband infrastructure.
(6) Legal, organizational, and marketing expenses, projectmanager and clerical staff salaries, office rent, and otherincidental expenses.
(7) Payment of fees for preliminary feasibility studies andadvances for planning, engineering, and architectural work.
(8) Any other costs and expenses necessary for the acquisition,construction, maintenance, and operation of all or part of thebroadband infrastructure.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-10
"Person"
Sec. 10. As used in this chapter, "person" means an individual, acorporation, a rural electric membership corporation, a limited orgeneral partnership, a joint venture, a limited liability company, ora governmental entity, including a body corporate and politic,political subdivision, municipal corporation, school, college,university, hospital, health care facility, library, or nonprofitorganization. The term does not include the state.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-11
"Relevant services"
Sec. 11. (a) As used in this chapter, "relevant services" refers to:
(1) cable service (as defined in 47 U.S.C. 522(6));
(2) telecommunications service (as defined in 47 U.S.C.153(46)); and
(3) information service (as defined in 47 U.S.C. 153(20)).
(b) The term includes:
(1) advanced services (as defined in 47 CFR 51.5);
(2) broadband service; and
(3) Internet Protocol enabled services;
however classified by the Federal Communications Commission.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-12
"Political subdivision"
Sec. 12. As used in this chapter, "political subdivision" has themeaning set forth in IC 36-1-2-13. The term includes any entity:
(1) owned, operated, or controlled by a political subdivision; or
(2) in which a political subdivision otherwise has an interest,whether direct or indirect.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-13
"Underserved area"
Sec. 13. As used in this chapter, "underserved area" means an areawithin Indiana that the authority determines is not being adequatelyserved with broadband service.
As added by P.L.235-2005, SEC.105. Amended by P.L.27-2006,SEC.57.
IC 8-1-33-14
Repealed
(Repealed by P.L.27-2006, SEC.61.)
IC 8-1-33-15
Indiana broadband development program established
Sec. 15. (a) The Indiana broadband development program isestablished in order to encourage the provision of affordable
broadband services and networks that will:
(1) ensure the long term growth of and the enhancement anddelivery of services by the business, educational, medical,commercial, nonprofit, and governmental entities inunderserved areas in Indiana; and
(2) benefit residential, commercial, public, governmental, andnonprofit entities in underserved areas in Indiana.
(b) The authority shall administer the broadband developmentprogram.
As added by P.L.235-2005, SEC.105.
IC 8-1-33-16
Powers of the authority
Sec. 16. (a) The powers of the authority under this chapter includeall those necessary to carry out and effectuate the purposes of thischapter, including the following:
(1) To invest any money of the authority at the authority'sdiscretion, in any obligations determined proper by theauthority, and name and use depositories for the authority'smoney.
(2) To receive and distribute state or local funding, includinggrants, loans, and appropriations.
(3) To make loans or grants to broadband developers andbroadband operators that will acquire, construct, maintain, andoperate all or part of the broadband infrastructure servingunderserved areas.
(4) To provide operating assistance to make broadband servicesmore affordable to broadband developers, broadband operators,and broadband customers in underserved areas, in conjunctionwith broadband infrastructure financed by the authority.
(5) To set construction, operation, and financing standards forthe broadband infrastructure in connection with authorityfinancing and to provide for inspections to determinecompliance with those standards.
(6) To investigate, evaluate, and assess the current broadbandinfrastructure and the future broadband infrastructure needs ofIndiana and to encourage and participate in aggregationstrategies for the broadband services of all public entities andnonprofit corporations in Indiana to maximize theinterconnectivity and efficiencies of the broadbandinfrastructure.
(7) To make expenditures necessary to carry out the authority'sduties under this chapter, including paying the authority'soperating expenses.
(b) As part of an application for financing under this chapter, abroadband developer or broadband operator must file with theauthority a participation plan for small and minority ownedbusinesses and a communitywide outreach plan to educate the publicwith respect to the availability of broadband services. The authoritymay not approve an application unless a plan is submitted under this
subsection.
As added by P.L.235-2005, SEC.105.