HB 1279-6_ Filed 02/20/2006, 10:52 Hershman
that Engrossed House Bill 1279 be amended to read as follows:
SOURCE: Page 66, line 36; (06)MO127930.66. -->
Page 66, between lines 36 and 37, begin a new paragraph and insert:
" Sec. 9. (a) Except as provided in subsection (b), the owner,
operator, or developer of multitenant real estate located in a
service area in which one (1) or more communications service
providers are authorized to provide communications service may
not do any of the following:
(1) Prevent a communications service provider from installing
on the premises communications service equipment that an
(2) Interfere with a communications service provider's
installation on the premises of communications service
equipment that an occupant requests.
(3) Discriminate against a communications service provider
or impose unduly burdensome conditions on the terms,
conditions, and compensation for a communications service
provider's installation of communications service equipment
on the premises.
(4) Demand or accept an unreasonable payment from:
(A) an occupant; or
(B) a communications service provider;
in exchange for allowing the communications service provider
access to the premises.
(5) Discriminate against or in favor of an occupant in any
manner, including charging higher or lower rental charges to
the occupant, because of the communications service provider
from which the occupant receives communications service.
(b) This section does not prohibit the owner, operator, or
developer of multitenant real estate from doing any of the
(1) Imposing a condition on a communications service
provider that is reasonably necessary to protect:
(A) the safety, security, appearance, or condition of the
(B) the safety and convenience of other persons.
(2) Imposing a reasonable limitation on the hours during
which a communications service provider may have access to
the premises to install communications service equipment.
(3) Imposing a reasonable limitation on the number of
communications service providers that have access to the
premises, if the owner, operator, or developer can
demonstrate a space constraint that requires the limitation.
(4) Requiring a communications service provider to agree to
indemnify the owner, operator, or developer for damage
caused by installing, operating, or removing communications
service equipment on or from the premises.
(5) Requiring an occupant or a communications service
provider to bear the entire cost of installing, operating, or
removing communications service equipment.
(6) Requiring a communications service provider to pay
compensation for access to or use of the premises, as long as
the compensation is:
(A) reasonable; and
among communications service providers.
(c) For purposes of this subsection, an "affected person"
includes the following:
(1) An occupant that is a current or potential subscriber of
communications service on the premises of multitenant real
(2) A unit in which multitenant real estate is located, acting on
(A) a person described in subdivision (1); or
(B) other similarly situated persons.
(3) A communications service provider.
An affected person that alleges a violation of this section by the
owner, operator, or developer of multitenant real estate may seek
equitable or compensatory relief in a court having jurisdiction. The
party prevailing in any action filed under this section is entitled to
recover the costs of the action, including reasonable attorney's fees
as determined by the court.
Sec. 10. The commission may adopt rules under IC 4-22-2 to
implement this chapter.
(Reference is to EHB 1279 as printed February 17, 2006.)