IC 8-1-32.5-14: Exemption from local franchises and fees; access to public rights-of-way; exceptions; designation as public utility for purpose of exemption from fair market value requirements for use of rights-of-way in federally funded transportation projects

Sec. 14. A communications service provider that holds a certificate issued under this chapter:

(1) is exempt from local franchises and related fees to the same extent as a communications service provider that holds a certificate of territorial authority or an indeterminate permit issued under IC 8-1-2 before July 1, 2009;

(2) may access public rights-of-way to the same extent as a public utility (as defined in IC 8-1-2-1(a)):

(A) including a public right-of-way under the control of a county or municipality as provided in IC 8-1-2-101; but

(B) not including rights-of-way, property, or projects that are the subject of a public-private agreement under IC 8-15.5 or IC 8-15.7 or communications systems infrastructure, including all infrastructure used for wireless communications, owned by or under the jurisdiction of the Indiana finance authority or the state or any of its agencies, departments, boards, commissions, authorities, or instrumentalities; and

(3) shall be designated as a public utility solely as that term is used in 23 CFR 710.403(e)(2).