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

Affected: IC 4-21.5; IC 8-23-5

Sec. 24. (a) A broadband access permit may be revoked for the following:

1. (1) Violations of this rule.
2. (2) Failure to install, maintain, or repair the broadband or its facilities in accordance with the broadband access permit.
3. (3) Misrepresentation of material facts made by the permit holder, which the department was found to have relied on in approving the broadband access permit application.
4. (4) The broadband or facilities conflict with the department's transportation project and the operator refuses to relocate the broadband or its facilities.
5. (5) Failure to complete installation within three hundred sixty-five (365) days after the date of issuance of the broadband access permit, unless an extension for the permit has been filed before the end of the three hundred sixty-five (365) days.
6. (6) A determination on inspection of the broadband or its facilities that fails to comply with the department's broadband access permit terms and conditions.
7. (7) Unlawful destruction or cutting of trees, shrubs, or other vegetation located in the right-of-way.
8. (8) Installation in the clear zone or environmentally restricted areas.
9. (9) Failure to obtain and maintain the required permits from a federal, state, or local agency.
10. (10) If inconsistent with other federal or state law.

(b) If revocation of the broadband access permit is appropriate, the department shall issue a written notice of revocation, accompanied by an explanation of the rationale for the revocation.

(c) Broadband or facilities that were installed, repaired, or maintained, or exist in violation of any provision of federal law or state law, including this rule, are illegal. The broadband access permit for illegal broadband or facilities may be revoked at any time by the department under this rule and state law.

(d) If the broadband access permit for broadband or facilities is revoked by the department, the broadband or facilities will be removed by the permittee or the department under this rule and state law without payment of compensation to the operator or any other party.

(Indiana Department of Transportation; 105 IAC 16.5-1-24; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)