Sec. 10. (a) The following definitions apply only throughout this section:

(1) "Communications infrastructure" includes all facilities and equipment used to provide communications service (as defined in IC 8-1-32.5-3). The term does not include a vertical structure.

(2) "Limited access highway" means any roadway that is under the jurisdiction and control of the department and that is one (1) of the following:

(A) An interstate.

(B) A toll road, tollway, or toll bridge.

(C) U.S. 30.

(D) U.S. 31.

(3) "Vertical structure" means a privately owned structure that is more than one hundred (100) feet above ground and that is used primarily for providing wireless communications service. The term includes related equipment associated with the structure, including air conditioned equipment shelters and rooms, electronic equipment, and supporting equipment.

(b) The department may create a broadband corridor program to manage the location, installation, and maintenance of communications infrastructure used for the provision of broadband services within highway rights-of-way of limited access highways.

(c) The broadband corridor program shall apply only to locations along or within a limited access highway right-of-way. The broadband corridor program shall not apply to the placement of communications infrastructure that laterally crosses a roadway under the control of the department.

(d) Except as provided in subsection (e), the department may impose a fee for communications infrastructure under subsection (b). The amount of the fee may not be more than the reasonable fair market value of the use of the highway right-of-way within the broadband corridor.

(e) Except for portions of a U.S. route that is a limited access highway under subsection (a)(2), with respect to state routes or U.S. routes, the department may impose only:

(1) a one (1) time permit application fee for the location or installation of communications infrastructure used for the provision of broadband services placed along or within a highway right-of-way; and

(2) routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities.

(f) The department shall not unreasonably discriminate among entities requesting access to broadband corridors or other department controlled rights-of-way for the following:

(1) Approving applications, issuing permits, or otherwise establishing terms and conditions for the location, installation, and maintenance of communications infrastructure used for the provision of broadband services.

(2) Providing access to rights-of-way, infrastructure, utility poles, river and bridge crossings, and other physical assets owned, controlled, or managed by the department.

(3) The type of technology deployed for the provision of broadband services.

However, nothing in this subsection abrogates or limits the department's authority under IC 8-23 to safely and efficiently manage and operate the state highway system and associated highway rights-of-way for the benefit of the traveling public.

As added by P.L.189-2019, SEC.10.