SB0502: Attachments to utility poles.

Legislative Summary

Attachments to utility poles. Defines an "attachment request" as a request made: (1) by an attaching entity, other than an electricity supplier, to the owner (pole owner) of an electric distribution pole (pole) for authorization to install, within a period of not more than 30 days, communications service equipment on 300 or more poles owned by the pole owner; and (2) in connection with, and using funds obtained from, a state or federal program directly related to the expansion of communications services to unserved, underserved, or rural areas (program). Defines a "process management agreement" as a written agreement entered into by: (1) an attaching entity that has been awarded funding under a program; and (2) a pole owner that owns at least 300 poles with respect to which the attaching entity intends to submit an attachment request in connection with a project under the program; for the purpose of establishing processes, timelines, mutual performance obligations, and conflict resolution options for timely completing attachment requests. Provides that not later than five business days after the execution of a contract that: (1) is entered into by an attaching entity and a governmental agency; and (2) sets forth the terms and conditions for a project for which funding has been awarded under a program; the Indiana broadband office (office) shall publish the contract on the office's website. Provides that not later than 60 days after a contract is executed: (1) the attaching entity that executed the contract; and (2) each pole owner that owns at least 300 poles with respect to which the attaching entity intends to submit an attachment request in connection with a project under the program; shall hold a meeting for the purpose of discussing general project plans. Provides that not later than four months after the National Telecommunications Information Administration approves the office's final proposal for funding under the federal Broadband Equity, Access, and Deployment Program, if an attaching entity that has been awarded funding under a program does not have a process management agreement in effect with a pole owner that owns at least 300 poles with respect to which the attaching entity intends to submit an attachment request in connection with a project under the program, the attaching entity and the pole owner shall negotiate an agreement that sets forth specified processes, timelines, mutual performance obligations, and conflict resolution options. Provides that if the attaching entity and a pole owner do not reach an agreement as to the terms, conditions, and timelines for a process management agreement, or otherwise have the prescribed negotiated agreement in effect, within the required four month period, certain conditions apply with respect to the dealings between the attaching entity and the pole owner with respect to any application for a pole attachment permit that does not seek the attachment of more than 3,000 poles within a period of not more than 30 days. Authorizes the office to adopt a rapid response mediation process to be followed if a dispute arises between an attaching entity and a pole owner regarding the processes and timelines for the timely completion of an attachment request. Provides that these provisions expire July 1, 2030.