House Bill 1561

    January 22, 2009, read first time and referred to Committee on Rules and Legislative Procedures.
    February 12, 2009, reassigned to Committee on Commerce, Energy, Technology, and Utilities.
    February 17, 2009, amended, reported _ Do Pass.
    February 23, 2009, read second time, amended, ordered engrossed.

Reprinted

February 24, 2009

First Regular Session 116th General Assembly (2009)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in ~~this~~ ~~style~~ ~~type.~~
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HOUSE BILL No. 1561

A BILL FOR AN ACT to amend the Indiana Code concerning state and local administration.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 5-28-33; (09)HB1561.2.1. -->     SECTION 1. IC 5-28-33 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 33. High Speed Internet Service Deployment and Adoption Initiative
    Sec. 1. As used in this chapter, "GIS" refers to the statewide geographic information system created under section 3 of this chapter.
    Sec. 2. As used in this chapter, "high speed Internet service" means a connection to the Internet that provides capacity for transmission at an average speed of at least seven hundred sixty-eight (768) kilobits per second downstream, regardless of the technology or medium used to provide the connection.
    Sec. 3. (a) The corporation shall develop a high speed Internet service deployment and adoption initiative that includes the creation of a statewide geographic information system (GIS) of available telecommunications and information technology services,

including high speed Internet service.
    (b) The corporation shall map the availability of broadband service by census blocks established by the Bureau of the Census and depicted in the GIS. A map created under this subsection shall:
        (1) include the percentage of households that have access to broadband service; and
        (2) use the Federal Communications Commission benchmark rates for broadband service to identify different speed tiers.
    (c) The corporation shall update the GIS at least every six (6) months.
    (d) The corporation shall share the map created under subsection (b) and the GIS, including updates, with the Indiana Geographic Information Council (as referred to in IC 4-23-7.3-6) as a data layer to the statewide base map (as defined in IC 4-23-7.3-11).
    Sec. 4. (a) A person or entity that provides data or other information to the corporation for inclusion in the GIS may designate the data or information as confidential for any purpose, including for purposes of IC 5-14-3-4.
    (b) The corporation shall, upon request, enter into a nondisclosure agreement with a person or entity described in subsection (a) concerning proprietary information submitted to the corporation by the person or entity.
    Sec. 5. The corporation may enter into a contract to develop all or part of the initiative described in section 3 of this chapter.
    Sec. 6. The corporation may apply for state broadband data and development grants under the federal Broadband Data Improvement Act and the American Recovery and Reinvestment Act of 2009.
    Sec. 7. This chapter may not be construed as authorizing the corporation to regulate communications service providers (as defined in IC 8-1-32.5-4).
    Sec. 8. In implementing this chapter, the corporation shall consult with the Indiana finance authority to avoid unnecessary duplication of efforts under this chapter and IC 8-1-33.
     Sec. 9. The corporation shall establish the following priorities in developing and implementing the high speed Internet service deployment and adoption initiative:
        (1) First, extending the deployment of high speed Internet service to areas where Internet connections provide capacity for transmission at an average speed of less than two hundred (200) kilobits per second downstream.

        (2) Second, extending the deployment of high speed Internet service to areas where Internet connections provide capacity for transmission at an average speed of:
            (A) not less than two hundred (200) kilobits; and
            (B) not more than one and five-tenths (1.5) megabits;
        per second downstream.
     Sec. 10. The corporation is designated as the single eligible entity to receive a grant under 47 U.S.C. 1304.
     SECTION 2. IC 8-1-33-8, AS ADDED BY P.L.235-2005, SECTION 105, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. As used in this chapter, "broadband services" includes services, including voice, video, and data, that provide capacity for transmission of more than ~~two~~ seven hundred ~~(200)~~ sixty-eight (768) kilobits per second in at least one (1) direction regardless of the technology or medium used, including wireless, copper wire, fiber optic cable, or coaxial cable. If voice transmission capacity is offered in conjunction with other services using transmission of more than ~~two~~ seven hundred ~~(200)~~ sixty-eight (768) kilobits per second, the voice transmission capacity may be less than ~~two~~ seven hundred ~~(200)~~ sixty-eight (768) kilobits per second. The authority shall annually reconsider the ~~two~~ seven hundred ~~(200)~~ sixty-eight (768) kilobits threshold under this section with a bias toward raising the threshold in a manner consistent with technological advances.