Sec. 4. As used in this chapter, “eligible broadband service provider” means any company, firm, corporation, partnership, or association that:

(1) either:

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Terms Used In Indiana Code 4-4-38.5-4

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • office: refers to the office of community and rural affairs established by Indiana Code 4-4-38.5-6
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(A) has been providing broadband service to at least one hundred (100) residences and businesses in Indiana for at least three (3) consecutive years; or

(B) is:

(i) a corporation organized under IC 8-1-13; or

(ii) a corporation organized under IC 23-17 that is an electric cooperative and that has at least one (1) member that is a corporation organized under IC 8-1-13; and

(2) has demonstrated, to the satisfaction of the office:

(A) financial;

(B) technical; and

(C) operational;

capability in building and operating a broadband network, according to standards for determining such capability in guidelines adopted by the office under section 10 of this chapter.

As added by P.L.189-2019, SEC.7.