IC 5-28-33
Chapter 33. High Speed Internet Service Deployment and
Adoption Initiative
IC 5-28-33-1 "GIS"
Sec. 1. As used in this chapter, "GIS" refers to the statewide
geographic information system created under section 3 of this
chapter. As added by P.L.152-2009, SEC.1.
IC 5-28-33-2 "High speed Internet service"
Sec. 2. As used in this chapter, "high speed Internet service"
means a connection to the Internet that provides capacity for
transmission at an average speed of at least three hundred eighty-four
(384) kilobits per second downstream, regardless of the technology
or medium used to provide the connection. As added by P.L.152-2009, SEC.1.
IC 5-28-33-3 Development of high speed Internet service deployment and
adoption initiative; map of broadband availability
Sec. 3. (a) The corporation shall develop a high speed Internet
service deployment and adoption initiative that includes the creation
of a statewide geographic information system (GIS) of available
telecommunications and information technology services, including
high speed Internet service.
(b) The corporation shall map the availability of broadband
service by census blocks established by the Bureau of the Census and
depicted in the GIS. A map created under this subsection may:
(1) include the percentage of households that have access to
broadband service; and
(2) use the Federal Communications Commission benchmark
rates for broadband service to identify different speed tiers.
(c) After creating the map under subsection (b), the corporation
shall update the GIS at least every six (6) months. This subsection
expires December 31, 2010.
(d) The corporation shall share the map created under subsection
(b) and the GIS, including updates, with the Indiana Geographic
Information Council (as referred to in IC 4-23-7.3-6) as a data layer
to the statewide base map (as defined in IC 4-23-7.3-11). As added by P.L.152-2009, SEC.1.
IC 5-28-33-4 Confidential information
Sec. 4. (a) A person or entity that provides data or other
information to the corporation for inclusion in the GIS may designate
the data or information as confidential for any purpose, including for
purposes of IC 5-14-3-4.
(b) The corporation shall, upon request, enter into a nondisclosure
agreement with a person or entity described in subsection (a)
concerning proprietary information submitted to the corporation by
the person or entity. As added by P.L.152-2009, SEC.1.
IC 5-28-33-5 Ability to enter into contract
Sec. 5. The corporation may enter into a contract to develop all or
part of the initiative described in section 3 of this chapter. As added by P.L.152-2009, SEC.1.
IC 5-28-33-6 Application for federal grants
Sec. 6. The corporation may apply for state broadband data and
development grants under the federal Broadband Data Improvement
Act and the American Recovery and Reinvestment Act of 2009. As added by P.L.152-2009, SEC.1.
IC 5-28-33-7 Corporation not authorized to regulate communications service
providers
Sec. 7. This chapter may not be construed as authorizing the
corporation to regulate communications service providers (as defined
in IC 8-1-32.5-4). As added by P.L.152-2009, SEC.1.
IC 5-28-33-8 Consultation with Indiana finance authority
Sec. 8. In implementing this chapter, the corporation shall consult
with the Indiana finance authority to avoid unnecessary duplication
of efforts under this chapter and IC 8-1-33. As added by P.L.152-2009, SEC.1.
IC 5-28-33-9 Priorities of high speed Internet service deployment and adoption
initiative
Sec. 9. The corporation shall establish the following priorities in
developing and implementing the high speed Internet service
deployment and adoption initiative:
(1) First, extending the deployment of high speed Internet
service to areas where:
(A) Internet connections are unavailable; or
(B) the only available Internet connections provide capacity
for transmission at an average speed of less than two
hundred (200) kilobits per second downstream.
(2) Second, extending the deployment of high speed Internet
service to areas where the only available Internet connections
provide capacity for transmission at an average speed of:
(A) not less than two hundred (200) kilobits; and
(B) not more than one and five-tenths (1.5) megabits;
per second downstream.
(3) Third, supporting programs to promote broadband adoption
throughout Indiana. As added by P.L.152-2009, SEC.1.
IC 5-28-33-10 Single eligible entity for grants
Sec. 10. The corporation is designated as the single eligible entity
to receive a grant under 47 U.S.C. 1304. As added by P.L.152-2009, SEC.1.
IC 5-28-33
Chapter 33. High Speed Internet Service Deployment and
Adoption Initiative
IC 5-28-33-1 "GIS"
Sec. 1. As used in this chapter, "GIS" refers to the statewide
geographic information system created under section 3 of this
chapter. As added by P.L.152-2009, SEC.1.
IC 5-28-33-2 "High speed Internet service"
Sec. 2. As used in this chapter, "high speed Internet service"
means a connection to the Internet that provides capacity for
transmission at an average speed of at least three hundred eighty-four
(384) kilobits per second downstream, regardless of the technology
or medium used to provide the connection. As added by P.L.152-2009, SEC.1.
IC 5-28-33-3 Development of high speed Internet service deployment and
adoption initiative; map of broadband availability
Sec. 3. (a) The corporation shall develop a high speed Internet
service deployment and adoption initiative that includes the creation
of a statewide geographic information system (GIS) of available
telecommunications and information technology services, including
high speed Internet service.
(b) The corporation shall map the availability of broadband
service by census blocks established by the Bureau of the Census and
depicted in the GIS. A map created under this subsection may:
(1) include the percentage of households that have access to
broadband service; and
(2) use the Federal Communications Commission benchmark
rates for broadband service to identify different speed tiers.
(c) After creating the map under subsection (b), the corporation
shall update the GIS at least every six (6) months. This subsection
expires December 31, 2010.
(d) The corporation shall share the map created under subsection
(b) and the GIS, including updates, with the Indiana Geographic
Information Council (as referred to in IC 4-23-7.3-6) as a data layer
to the statewide base map (as defined in IC 4-23-7.3-11). As added by P.L.152-2009, SEC.1.
IC 5-28-33-4 Confidential information
Sec. 4. (a) A person or entity that provides data or other
information to the corporation for inclusion in the GIS may designate
the data or information as confidential for any purpose, including for
purposes of IC 5-14-3-4.
(b) The corporation shall, upon request, enter into a nondisclosure
agreement with a person or entity described in subsection (a)
concerning proprietary information submitted to the corporation by
the person or entity. As added by P.L.152-2009, SEC.1.
IC 5-28-33-5 Ability to enter into contract
Sec. 5. The corporation may enter into a contract to develop all or
part of the initiative described in section 3 of this chapter. As added by P.L.152-2009, SEC.1.
IC 5-28-33-6 Application for federal grants
Sec. 6. The corporation may apply for state broadband data and
development grants under the federal Broadband Data Improvement
Act and the American Recovery and Reinvestment Act of 2009. As added by P.L.152-2009, SEC.1.
IC 5-28-33-7 Corporation not authorized to regulate communications service
providers
Sec. 7. This chapter may not be construed as authorizing the
corporation to regulate communications service providers (as defined
in IC 8-1-32.5-4). As added by P.L.152-2009, SEC.1.
IC 5-28-33-8 Consultation with Indiana finance authority
Sec. 8. In implementing this chapter, the corporation shall consult
with the Indiana finance authority to avoid unnecessary duplication
of efforts under this chapter and IC 8-1-33. As added by P.L.152-2009, SEC.1.
IC 5-28-33-9 Priorities of high speed Internet service deployment and adoption
initiative
Sec. 9. The corporation shall establish the following priorities in
developing and implementing the high speed Internet service
deployment and adoption initiative:
(1) First, extending the deployment of high speed Internet
service to areas where:
(A) Internet connections are unavailable; or
(B) the only available Internet connections provide capacity
for transmission at an average speed of less than two
hundred (200) kilobits per second downstream.
(2) Second, extending the deployment of high speed Internet
service to areas where the only available Internet connections
provide capacity for transmission at an average speed of:
(A) not less than two hundred (200) kilobits; and
(B) not more than one and five-tenths (1.5) megabits;
per second downstream.
(3) Third, supporting programs to promote broadband adoption
throughout Indiana. As added by P.L.152-2009, SEC.1.
IC 5-28-33-10 Single eligible entity for grants
Sec. 10. The corporation is designated as the single eligible entity
to receive a grant under 47 U.S.C. 1304. As added by P.L.152-2009, SEC.1.
IC 5-28-33
Chapter 33. High Speed Internet Service Deployment and
Adoption Initiative
IC 5-28-33-1 "GIS"
Sec. 1. As used in this chapter, "GIS" refers to the statewide
geographic information system created under section 3 of this
chapter. As added by P.L.152-2009, SEC.1.
IC 5-28-33-2 "High speed Internet service"
Sec. 2. As used in this chapter, "high speed Internet service"
means a connection to the Internet that provides capacity for
transmission at an average speed of at least three hundred eighty-four
(384) kilobits per second downstream, regardless of the technology
or medium used to provide the connection. As added by P.L.152-2009, SEC.1.
IC 5-28-33-3 Development of high speed Internet service deployment and
adoption initiative; map of broadband availability
Sec. 3. (a) The corporation shall develop a high speed Internet
service deployment and adoption initiative that includes the creation
of a statewide geographic information system (GIS) of available
telecommunications and information technology services, including
high speed Internet service.
(b) The corporation shall map the availability of broadband
service by census blocks established by the Bureau of the Census and
depicted in the GIS. A map created under this subsection may:
(1) include the percentage of households that have access to
broadband service; and
(2) use the Federal Communications Commission benchmark
rates for broadband service to identify different speed tiers.
(c) After creating the map under subsection (b), the corporation
shall update the GIS at least every six (6) months. This subsection
expires December 31, 2010.
(d) The corporation shall share the map created under subsection
(b) and the GIS, including updates, with the Indiana Geographic
Information Council (as referred to in IC 4-23-7.3-6) as a data layer
to the statewide base map (as defined in IC 4-23-7.3-11). As added by P.L.152-2009, SEC.1.
IC 5-28-33-4 Confidential information
Sec. 4. (a) A person or entity that provides data or other
information to the corporation for inclusion in the GIS may designate
the data or information as confidential for any purpose, including for
purposes of IC 5-14-3-4.
(b) The corporation shall, upon request, enter into a nondisclosure
agreement with a person or entity described in subsection (a)
concerning proprietary information submitted to the corporation by
the person or entity. As added by P.L.152-2009, SEC.1.
IC 5-28-33-5 Ability to enter into contract
Sec. 5. The corporation may enter into a contract to develop all or
part of the initiative described in section 3 of this chapter. As added by P.L.152-2009, SEC.1.
IC 5-28-33-6 Application for federal grants
Sec. 6. The corporation may apply for state broadband data and
development grants under the federal Broadband Data Improvement
Act and the American Recovery and Reinvestment Act of 2009. As added by P.L.152-2009, SEC.1.
IC 5-28-33-7 Corporation not authorized to regulate communications service
providers
Sec. 7. This chapter may not be construed as authorizing the
corporation to regulate communications service providers (as defined
in IC 8-1-32.5-4). As added by P.L.152-2009, SEC.1.
IC 5-28-33-8 Consultation with Indiana finance authority
Sec. 8. In implementing this chapter, the corporation shall consult
with the Indiana finance authority to avoid unnecessary duplication
of efforts under this chapter and IC 8-1-33. As added by P.L.152-2009, SEC.1.
IC 5-28-33-9 Priorities of high speed Internet service deployment and adoption
initiative
Sec. 9. The corporation shall establish the following priorities in
developing and implementing the high speed Internet service
deployment and adoption initiative:
(1) First, extending the deployment of high speed Internet
service to areas where:
(A) Internet connections are unavailable; or
(B) the only available Internet connections provide capacity
for transmission at an average speed of less than two
hundred (200) kilobits per second downstream.
(2) Second, extending the deployment of high speed Internet
service to areas where the only available Internet connections
provide capacity for transmission at an average speed of:
(A) not less than two hundred (200) kilobits; and
(B) not more than one and five-tenths (1.5) megabits;
per second downstream.
(3) Third, supporting programs to promote broadband adoption
throughout Indiana. As added by P.L.152-2009, SEC.1.
IC 5-28-33-10 Single eligible entity for grants
Sec. 10. The corporation is designated as the single eligible entity
to receive a grant under 47 U.S.C. 1304. As added by P.L.152-2009, SEC.1.
