Indiana Code 8-1-32.3-27. Collocation on privately owned utility poles, wireless support structures, or property; owner’s consent; utility poles and wireless support structures owned, controlled, or operated by public utility
(1) privately owned utility pole;
Terms Used In Indiana Code 8-1-32.3-27
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- collocation: means the placement or installation of wireless facilities on existing structures that include a wireless facility or a wireless support structure, including water towers and other buildings or structures. See Indiana Code 8-1-32.3-4
- commission: refers to the Indiana utility regulatory commission. See Indiana Code 8-1-1-1
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- small cell facility: means :
Indiana Code 8-1-32.3-9
- utility pole: means a structure that is:
Indiana Code 8-1-32.3-12
- wireless support structure: means a freestanding structure that is:
Indiana Code 8-1-32.3-14
(3) private property;
without the consent of the owner of the utility pole, wireless support structure, or property, as applicable.
(b) This chapter does not affect the duty of an entity that seeks to place a small cell facility on a utility pole or wireless support structure owned, controlled, or operated by a public utility to obtain from the public utility any necessary authority to place the small cell facility on the utility pole or wireless support structure.
(c) This chapter does not affect the authority of a public utility that owns, controls, or operates a utility pole or a wireless support structure to:
(1) deny, limit, or restrict; or
(2) determine the rates, fees, terms, and conditions for;
the use of or attachment to the utility pole or wireless support structure, consistent with federal law and any applicable decisions of or rules promulgated by the Federal Communications Commission.
As added by P.L.261-2017, SEC.10.