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 Indiana
are not being adequately served with broadband services.
(b) The general assembly declares that it is a valid public purpose
for the Indiana finance authority to issue bonds and notes, and loan
the proceeds of those bonds and notes to the program, so that the
authority may provide for financing or refinancing to broadband
developers 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 reasonably
comparable to the price charged for broadband services in an area
that 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 Indiana
finance 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 a
person selected by the authority to acquire, construct, develop, and
create 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 program
established 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 intellectual
property used for and necessary to provide broadband services in
underserved 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 a
person selected by the authority to operate any part of the broadband
infrastructure. 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" 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.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 the
costs associated with the broadband infrastructure that have been
approved by the authority and includes all the following:
(1) The costs for the planning, acquiring, leasing, constructing
and maintaining of the broadband infrastructure.
(2) Payments for options to purchase, deposits on contracts of
purchase, and payments for the purchases of properties for the
broadband infrastructure.
(3) Financing, refinancing, acquisition, demolition,
construction, rehabilitation, and site development of new and
existing buildings.
(4) Carrying charges during construction.
(5) Purchases of hardware, software, facilities, or other
expenses related to the broadband infrastructure.
(6) Legal, organizational, and marketing expenses, project
manager and clerical staff salaries, office rent, and other
incidental expenses.
(7) Payment of fees for preliminary feasibility studies and
advances 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 the
broadband 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, a
corporation, a rural electric membership corporation, a limited or
general partnership, a joint venture, a limited liability company, or
a governmental entity, including a body corporate and politic,
political subdivision, municipal corporation, school, college,
university, hospital, health care facility, library, or nonprofit
organization. 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 the
meaning 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 area
within Indiana that the authority determines is not being adequately
served 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 is
established in order to encourage the provision of affordable
broadband services and networks that will:
(1) ensure the long term growth of and the enhancement and
delivery of services by the business, educational, medical,
commercial, nonprofit, and governmental entities in
underserved areas in Indiana; and
(2) benefit residential, commercial, public, governmental, and
nonprofit entities in underserved areas in Indiana.
(b) The authority shall administer the broadband development
program. 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 include
all those necessary to carry out and effectuate the purposes of this
chapter, including the following:
(1) To invest any money of the authority at the authority's
discretion, in any obligations determined proper by the
authority, and name and use depositories for the authority's
money.
(2) To receive and distribute state or local funding, including
grants, loans, and appropriations.
(3) To make loans or grants to broadband developers and
broadband operators that will acquire, construct, maintain, and
operate all or part of the broadband infrastructure serving
underserved areas.
(4) To provide operating assistance to make broadband services
more affordable to broadband developers, broadband operators,
and broadband customers in underserved areas, in conjunction
with broadband infrastructure financed by the authority.
(5) To set construction, operation, and financing standards for
the broadband infrastructure in connection with authority
financing and to provide for inspections to determine
compliance with those standards.
(6) To investigate, evaluate, and assess the current broadband
infrastructure and the future broadband infrastructure needs of
Indiana and to encourage and participate in aggregation
strategies for the broadband services of all public entities and
nonprofit corporations in Indiana to maximize the
interconnectivity and efficiencies of the broadband
infrastructure.
(7) To make expenditures necessary to carry out the authority's
duties under this chapter, including paying the authority's
operating expenses.
(b) As part of an application for financing under this chapter, a
broadband developer or broadband operator must file with the
authority a participation plan for small and minority owned
businesses and a communitywide outreach plan to educate the public
with respect to the availability of broadband services. The authority
may not approve an application unless a plan is submitted under this
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 Indiana
are not being adequately served with broadband services.
(b) The general assembly declares that it is a valid public purpose
for the Indiana finance authority to issue bonds and notes, and loan
the proceeds of those bonds and notes to the program, so that the
authority may provide for financing or refinancing to broadband
developers 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 reasonably
comparable to the price charged for broadband services in an area
that 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 Indiana
finance 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 a
person selected by the authority to acquire, construct, develop, and
create 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 program
established 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 intellectual
property used for and necessary to provide broadband services in
underserved 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 a
person selected by the authority to operate any part of the broadband
infrastructure. 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" 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.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 the
costs associated with the broadband infrastructure that have been
approved by the authority and includes all the following:
(1) The costs for the planning, acquiring, leasing, constructing
and maintaining of the broadband infrastructure.
(2) Payments for options to purchase, deposits on contracts of
purchase, and payments for the purchases of properties for the
broadband infrastructure.
(3) Financing, refinancing, acquisition, demolition,
construction, rehabilitation, and site development of new and
existing buildings.
(4) Carrying charges during construction.
(5) Purchases of hardware, software, facilities, or other
expenses related to the broadband infrastructure.
(6) Legal, organizational, and marketing expenses, project
manager and clerical staff salaries, office rent, and other
incidental expenses.
(7) Payment of fees for preliminary feasibility studies and
advances 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 the
broadband 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, a
corporation, a rural electric membership corporation, a limited or
general partnership, a joint venture, a limited liability company, or
a governmental entity, including a body corporate and politic,
political subdivision, municipal corporation, school, college,
university, hospital, health care facility, library, or nonprofit
organization. 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 the
meaning 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 area
within Indiana that the authority determines is not being adequately
served 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 is
established in order to encourage the provision of affordable
broadband services and networks that will:
(1) ensure the long term growth of and the enhancement and
delivery of services by the business, educational, medical,
commercial, nonprofit, and governmental entities in
underserved areas in Indiana; and
(2) benefit residential, commercial, public, governmental, and
nonprofit entities in underserved areas in Indiana.
(b) The authority shall administer the broadband development
program. 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 include
all those necessary to carry out and effectuate the purposes of this
chapter, including the following:
(1) To invest any money of the authority at the authority's
discretion, in any obligations determined proper by the
authority, and name and use depositories for the authority's
money.
(2) To receive and distribute state or local funding, including
grants, loans, and appropriations.
(3) To make loans or grants to broadband developers and
broadband operators that will acquire, construct, maintain, and
operate all or part of the broadband infrastructure serving
underserved areas.
(4) To provide operating assistance to make broadband services
more affordable to broadband developers, broadband operators,
and broadband customers in underserved areas, in conjunction
with broadband infrastructure financed by the authority.
(5) To set construction, operation, and financing standards for
the broadband infrastructure in connection with authority
financing and to provide for inspections to determine
compliance with those standards.
(6) To investigate, evaluate, and assess the current broadband
infrastructure and the future broadband infrastructure needs of
Indiana and to encourage and participate in aggregation
strategies for the broadband services of all public entities and
nonprofit corporations in Indiana to maximize the
interconnectivity and efficiencies of the broadband
infrastructure.
(7) To make expenditures necessary to carry out the authority's
duties under this chapter, including paying the authority's
operating expenses.
(b) As part of an application for financing under this chapter, a
broadband developer or broadband operator must file with the
authority a participation plan for small and minority owned
businesses and a communitywide outreach plan to educate the public
with respect to the availability of broadband services. The authority
may not approve an application unless a plan is submitted under this
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 Indiana
are not being adequately served with broadband services.
(b) The general assembly declares that it is a valid public purpose
for the Indiana finance authority to issue bonds and notes, and loan
the proceeds of those bonds and notes to the program, so that the
authority may provide for financing or refinancing to broadband
developers 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 reasonably
comparable to the price charged for broadband services in an area
that 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 Indiana
finance 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 a
person selected by the authority to acquire, construct, develop, and
create 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 program
established 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 intellectual
property used for and necessary to provide broadband services in
underserved 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 a
person selected by the authority to operate any part of the broadband
infrastructure. 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" 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.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 the
costs associated with the broadband infrastructure that have been
approved by the authority and includes all the following:
(1) The costs for the planning, acquiring, leasing, constructing
and maintaining of the broadband infrastructure.
(2) Payments for options to purchase, deposits on contracts of
purchase, and payments for the purchases of properties for the
broadband infrastructure.
(3) Financing, refinancing, acquisition, demolition,
construction, rehabilitation, and site development of new and
existing buildings.
(4) Carrying charges during construction.
(5) Purchases of hardware, software, facilities, or other
expenses related to the broadband infrastructure.
(6) Legal, organizational, and marketing expenses, project
manager and clerical staff salaries, office rent, and other
incidental expenses.
(7) Payment of fees for preliminary feasibility studies and
advances 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 the
broadband 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, a
corporation, a rural electric membership corporation, a limited or
general partnership, a joint venture, a limited liability company, or
a governmental entity, including a body corporate and politic,
political subdivision, municipal corporation, school, college,
university, hospital, health care facility, library, or nonprofit
organization. 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 the
meaning 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 area
within Indiana that the authority determines is not being adequately
served 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 is
established in order to encourage the provision of affordable
broadband services and networks that will:
(1) ensure the long term growth of and the enhancement and
delivery of services by the business, educational, medical,
commercial, nonprofit, and governmental entities in
underserved areas in Indiana; and
(2) benefit residential, commercial, public, governmental, and
nonprofit entities in underserved areas in Indiana.
(b) The authority shall administer the broadband development
program. 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 include
all those necessary to carry out and effectuate the purposes of this
chapter, including the following:
(1) To invest any money of the authority at the authority's
discretion, in any obligations determined proper by the
authority, and name and use depositories for the authority's
money.
(2) To receive and distribute state or local funding, including
grants, loans, and appropriations.
(3) To make loans or grants to broadband developers and
broadband operators that will acquire, construct, maintain, and
operate all or part of the broadband infrastructure serving
underserved areas.
(4) To provide operating assistance to make broadband services
more affordable to broadband developers, broadband operators,
and broadband customers in underserved areas, in conjunction
with broadband infrastructure financed by the authority.
(5) To set construction, operation, and financing standards for
the broadband infrastructure in connection with authority
financing and to provide for inspections to determine
compliance with those standards.
(6) To investigate, evaluate, and assess the current broadband
infrastructure and the future broadband infrastructure needs of
Indiana and to encourage and participate in aggregation
strategies for the broadband services of all public entities and
nonprofit corporations in Indiana to maximize the
interconnectivity and efficiencies of the broadband
infrastructure.
(7) To make expenditures necessary to carry out the authority's
duties under this chapter, including paying the authority's
operating expenses.
(b) As part of an application for financing under this chapter, a
broadband developer or broadband operator must file with the
authority a participation plan for small and minority owned
businesses and a communitywide outreach plan to educate the public
with respect to the availability of broadband services. The authority
may not approve an application unless a plan is submitted under this
