1. (a) As used in this section, "communications infrastructure" includes all facilities and equipment used to provide communications service (as defined in IC 8-1-32.5-3 ).

2. (b) Except:

   1. (1) for routine right-of-way permit fees to enter the department's rights-of-way for the maintenance of existing facilities; and

   2. (2) as provided for in written agreements the department has entered into with service providers before May 1, 2019;

      the department shall not charge an access rate or any other recurring charge or recurring fee for communications infrastructure that is located before May 1, 2019, in any rights-of-way that are owned or controlled by the department.

As added by P.L.189-2019, SEC.9.