SB 381-3_ Filed 04/07/2005, 07:11 Austin
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
I move that Engrossed Senate Bill 381 be amended to read as follows:
SOURCE: Page 2, line 39; (05)MO038110.2. -->
Page 2, between lines 39 and 40, begin a new paragraph and insert:
SOURCE: IC 5-21.5; (05)MO038110.4. -->
"SECTION 4. IC 5-21.5 IS ADDED TO THE INDIANA CODE AS
ARTICLE TO READ AS FOLLOWS [EFFECTIVE UPON
ARTICLE 21.5. INDIANA STATEWIDE BROADBAND
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
Sec. 2. "Authorized user" means:
(1) an authorized user of the intelenet system under
IC 5-21-1-2, including:
(A) political subdivisions;
(B) instrumentalities of state or local government that
provide public safety or emergency management services;
(C) school corporations;
(D) institutions of higher education; and
(E) community networks;
(2) an authorized user of the Indiana Telecommunications
Network administered by the Indiana higher education
telecommunications system under IC 20-12-12;
(3) a local hospital authority or corporation, or other publicly
funded hospital; or
(4) a certified technology park established under IC 36-7-32.
Sec. 3. "Coordinating body" refers to the representatives
designated under IC 5-21.5-2-1 to coordinate the establishment of
a statewide broadband system.
Sec. 4. "Holder" means a state agency or other instrumentality
of state government that holds the contract for the state's
indefeasible right of use to I-Light.
Sec. 5. "I-Light" refers to the statewide high speed optical fiber
network. The term includes the fiber optic networks known at any
time as I-Light and I-Light 2.
Sec. 6. "Indefeasible right of use" means a temporary ownership
right in a fiber optic cable, specified in terms of a certain number
of channels of a given bandwidth.
Sec. 7. "Person" means any individual, corporation, limited
liability company, partnership, firm, association, public or private
agency, or other organization.
Sec. 8. "System" refers to a statewide broadband system that:
(1) makes use of the best available technology, as determined
by the coordinating body, including wireless broadband
(2) allows broadband communications at a speed of at least
twenty (20) megabits per second downstream to a subscriber;
(A) a statewide system of wireless broadband access points
as described in IC 5-21.5-2-2(b); and
(B) a system of Ethernet ports at nodes distributed
throughout the network to allow access to the system by
authorized users and persons other than authorized users,
as described in IC 5-21.5-2-2(c).
Chapter 2. Establishment of the System; General
Sec. 1. (a) The coordinating body to establish a statewide
broadband system consists of seven (7) individuals. The state chief
information officer serves as a member of the coordinating body by
virtue of the office. The governor shall designate one (1) individual
to represent the telecommunications industry. In addition, each of
the following entities shall designate one (1) representative:
(1) The coordinating unit established by IC 20-12-12-3.
(2) The holder.
(3) Purdue University.
(4) Indiana University.
(5) Ball State University.
(b) The holder may assign to the coordinating body an
indefeasible right of use of all or part of the I-Light fiber optic
(c) The coordinating body shall cease operation and be dissolved
on July 15, 2007.
Sec. 2. (a) The coordinating body shall determine the feasibility
of a statewide broadband system to be made available to
authorized users and other persons as provided in section 3 of this
(b) In developing the system described by this section, the
coordinating body may test and deploy a system of wireless
broadband access points throughout Indiana. A wireless system
established under this subsection must:
(1) provide bandwidth transmission of at least five (5)
megabits per second at each I-Light node; and
(2) be designed to permit the accommodation of additional
capacity and coverage as the communication needs of the
system's users may require.
(c) In developing the system described by this section, the
coordinating body may provide Ethernet ports at each I-Light node
to allow access to the system by authorized users and persons other
than authorized users, as permitted under section 3 of this chapter.
Sec. 3. (a) This section applies only if a functioning system is
deployed by the coordinating body.
(b) The system shall be made available first to authorized users.
However, if the coordinating body determines at any time that the
system has sufficient capacity to serve other users, the coordinating
body shall permit any person to access the system, subject to
subsections (c), (d), and (e). A person eligible to access the system
under this section includes a commercial:
(1) telecommunications provider; or
(2) Internet service provider;
that meets any qualifications or criteria for access established by
the coordinating body under subsection (d).
(c) If the coordinating body acts under subsection (b) to permit
one (1) or more persons to access capacity on the system that is not
needed to meet the broadband needs of authorized users, and it
becomes necessary to allocate the available capacity among those
persons, the coordinating body shall consider the following for each
new person seeking access:
(1) Whether the person's allocated capacity on the system will
be used by the person to provide broadband service to users:
(A) at a competitive rate; and
(B) within a reasonable period after the person acquires
access to the system;
as determined by the coordinating body.
(2) The extent to which the person's allocated capacity on the
system will be used to provide broadband service to
underserved areas of Indiana.
(3) The extent to which allowing the person to access the
system will contribute to the broadband service choices
available to Indiana residents and businesses.
(d) The coordinating body may establish standards or other
requirements for access to the system by a person other than an
authorized user. However, any standards or requirements
established under this subsection must be applied on a uniform and
competitively neutral basis.
(e) The coordinating body shall provide access to the system
under subsection (b) or (c) at a cost that does not exceed the
coordinating body's costs to establish, operate, maintain, and
administer the system, including any costs of upgrading the system
to incorporate the best available technology, as determined by the
(f) An authorized user may not sell, lease, or license the
authorized user's right to use the system described in this chapter.".
SOURCE: Page 23, line 3; (05)MO038110.23. -->
Page 23, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 20-12-12-6; (05)MO038110.33. -->
"SECTION 33. IC 20-12-12-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) A special
and distinct fund is hereby created to be known as the higher education
statewide telecommunications fund. Expenditures from the fund may
be made only for the following:
(1) Payments by the universities for the use of a
telecommunications system or the lease, purchase, rental, or
production of a videotape program as provided in this chapter.
(2) Studies regarding the possibilities of extending the use of the
telecommunications system described in section 1(a) of this
chapter to other colleges and universities in Indiana and of
extending the use of the system for post-high school and other
(3) The expenses of coordinating, planning, and supervising the
use of the telecommunications system, and the videotape program.
(4) Equipment for the originating and receiving of instructional
communication and educational information by means of the
telecommunications system and the videotape program.
(b) The statewide broadband account is established within the
fund to pay the costs of the coordinating body established under
IC 5-21.5-2 to establish, operate, maintain, and administer a
statewide broadband system under IC 5-21.5. Costs under this
subsection include any costs of upgrading the system to incorporate
the best available technology, as determined by the coordinating
body. The account consists of fees or charges collected by the
coordinating body for providing access to the system by authorized
users or other persons, to the extent permitted under
IC 5-21.5-2-3(e). Money in the account is continuously
appropriated for the purposes of this subsection. Money in the
account at the end of a state fiscal year does not revert to the fund.
auditor of state
shall pay, as needed, from the fund
and the account established under subsection (b)
amounts to the
trustees of Indiana University as agent for the universities and the
coordinating body established under IC 5-21.5-2. The trustees of
Indiana University as the agent shall apply the funds to the payment of
items as payment becomes due from the higher education statewide
telecommunications fund or the account established under
SOURCE: Page 24, line 5; (05)MO038110.24. -->
Page 24, between lines 5 and 6, begin a new line block indented and
" (8) The amount of investment in telecommunications
infrastructure in Indiana by investor owned or privately held
companies compared to the level of revenues generated in
Indiana by the investor owned or privately held companies.
The analysis required by this subdivision must indicate the
location within Indiana of the telecommunications
Renumber all SECTIONS consecutively.
(Reference is to ESB 381 as printed April 5, 2005.)
MO038110/DI 92 2005