Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-1-32.5-3; IC 8-23-1-19; IC 8-23-1-28; IC 8-23-2-1; IC 8-23-5-10

Sec. 2. The following definitions apply throughout this article:

1. (1) "Access control" means the regulation of public access to and from properties abutting the highway facilities.

2. (2) "Applicant" means a person or an entity applying for a permit to install:

   1. (A) broadband;
   2. (B) broadband facilities;
3. or both.
4. (3) "As-built plans" means a revised set of drawings submitted by the permittee after finishing the broadband installation showing the exact location of the installed handholes or other facilities.
5. (4) "ASCII" refers to the American Standard Code for Information Interchange.
6. (5) "ASTM" refers to the American Society for Testing and Materials.
7. (6) "Backfill" means the replacement of excavation with suitable material compacted as specified.
8. (7) "Bore pits" means an excavation of specific size to house a boring machine and tracks.

9. (8) "Broadband" means the transmission or communication through Internet Protocol enabled retail services by a person or an entity that:

   1. (A) transmits communications through Internet Protocol enabled retail services, including:

      1. (i) voice;
      2. (ii) data;
      3. (iii) video; or
      4. (iv) any combination of voice, data, and video communications; or
   2. (B) provides the software, hardware, transmission service, or transmission path needed for communications described in subdivision (1);
10. is not a public utility solely by reason of engaging in any activity described in subdivisions (1) through (2) at speeds that meet or exceed the Federal Communications Commission definition of high speed.
11. (9) "Broadband access permit" means the right granted to install improvements on, below, or above state owned or controlled property for purposes of fiber optic data transmission.
12. (10) "Clear zone" means the portion of the roadside within a state owned or controlled right-of-way that is free of nontraversable hazards and fixed objects.
13. (11) "Conduit" means a rigid pipe or tubing usually of HDPE placed underground to protect fiber optic cable or communications infrastructure.
14. (12) "Conduit bank" means a system of more than one (1) conduit bundled together to protect and consolidate communications infrastructure.
15. (13) "Department" refers to the Indiana department of transportation established by IC 8-23-2-1.
16. (14) "Depth of cover" means the distance between the top of an underground facility, including conduit, to the surface of the ground or pavement.
17. (15)"Dig once" means a policy and practices that provide efficient access to conduit and limits the number and scale of excavations when installing telecommunication infrastructure in a highway right-of-way.
18. (16) "Electronic permitting system" or "EPS" means the electronic online system used to record activity related to a department permit, including plan submittals, correspondence, and payment activity.
19. (17) "ESRI" refers to the Environmental System Research Institute.
20. (18) "Facility" means any privately, municipally, publicly, or cooperatively owned systems for supplying broadband services, directly or indirectly, to the public.
21. (19) "Handhole" means an underground enclosure where conduit enters the enclosure and includes an access point to either a conduit or fiber optic cable.
22. (20) "HDPE" means high density polyethylene.
23. (21) "HMWPE" means high molecular weight and HDPE.
24. (22) "ITS" means the intelligent traffic systems and infrastructure and equipment maintained by the department, including advanced traffic management systems.
25. (23) "Limited access highway" has the meaning set forth in IC 8-23-5-10(a)(4).
26. (24) "Longitudinal installation" means any broadband facility installed parallel to the centerline of the roadway.
27. (25) "Manhole" means an opening in an underground system where a worker or workers may enter for the purpose of working on the facilities.
28. (26) "Median" means the portion of a divided highway separating the traveled way for traffic in opposite directions.
29. (27) "Occupancy" means the presence of broadband facilities within the right-of-way.

30. (28) "Operator" means:

    1. (A) a broadband service provider;
    2. (B) a contractor;
    3. (C) a subcontractor;
    4. (D) a consultant; or
    5. (E) any party affiliated with an operator that is constructing, operating, providing, or installing fiber optic cable.
31. (29) "Permit" means a legal document where the department gives written permission to an applicant to perform work on the highway right-of-way.

32. (30) "Relocation" means an activity involving a facility that is needed for a roadway improvement project, including:

    1. (A) abandoning;
    2. (B) altering;
    3. (C) deactivating;
    4. (D) installing;
    5. (E) maintaining;
    6. (F) modifying;
    7. (G) moving;
    8. (H) removing; or
    9. (I) supporting.
33. (31) "Right-of-way" means state owned or controlled land, property, or interest acquired for or devoted to transportation purposes.
34. (32) "Site" means those portions of the department's real property on, over, and under which operator may install improvements.
35. (33) "Splice" means a permanent junction between two (2) fiber or HDPE conduit ends.
36. (34) "Tracer wire" means a continuous wire placed into each run of conduit with all fiber optic cable to locate underground conduit or pipe.
37. (35) "Vault" means an underground enclosure where conduit enters into the enclosure to serve as an access point for intercepting, placing, extending, or repairing a conduit or fiber optic cable, splice case, or slack loop.

(Indiana Department of Transportation; 105 IAC 16.5-1-2; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)