As used in this chapter, "eligible broadband service provider" means any company, firm, corporation, partnership, or association that:

1. (1) either:

   1. (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

   2. (B) is:

      1. (i) a corporation organized under IC 8-1-13 ; or
      2. (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. (2) has demonstrated, to the satisfaction of the office:

   1. (A) financial;
   2. (B) technical; and

   3. (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.