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Morgan Allen
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Brock Herr
Vice President & Counsel, Business Development
 








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Broadband Ready Communities Development Center
Broadband Ready Communities Development Center

Model Ordinance/Resolution

One way a unit can comply with the requirements of state law is to pass a resolution or ordinance establishing permit procedures.

The IEDC, in collaboration with the telecommunications industry and local government representatives, has created a model ordinance to assist communities in this effort. The model ordinance satisfies the minimum requirements under IC 5-28-28.5-7.


Model Ordinance/Resolution Language

Whereas, [the unit] seeks to promote private investment in broadband infrastructure, and Whereas [the unit] seeks to be designated as a Broadband Ready Community pursuant to IC 5-28-28.5, Therefore, [the unit] adopts the following: 

An Ordinance For A Broadband Ready Community 

Sec. 1. As used in this chapter, "permit" means any local permit, license, certificate, approval, registration, or similar form of approval required by policy, administrative rule, regulation, ordinance, or resolution with respect to a project. 

Sec. 2. As used in this chapter, "project" means the construction or deployment of wireline or wireless communications facilities to provide communications services (as defined in IC 8-1-32.5- 3) in a unit. 

Sec. 3. Notwithstanding any other provision of this [unit’s ordinance, regulation, policy or practice], the following shall apply to a project: 

The applicable governing body of the unit shall: 

(a) appoint a single point of contact for all matters related to a project’ 

(b) establish procedures to allow all forms, applications, and documentation related to a project to be filed or submitted and signed by electronic means; 

(c) review and approve or reject all applications for a permit related to a project within ten (10) business days after an application is filed or submitted; 

(d) assure that after an application is approved pursuant to subsection (a)(3), any inspections, including any additional necessary approvals, related to a project will occur in a timely and expeditious manner. 

Sec. 4. [The unit or applicable department of the unit] shall adopt adequate processes and procedures to implement the provisions of Sec. 3. Processes and procedures established hereunder may not do the following: 

(a) Require an applicant to designate a final contractor to complete a project; 

(b) Impose a fee to review an application or issue a permit for a project; 

(c) Impose a seasonal moratorium on the issuance of permits for a project; 

(d) Discriminate among communications service providers or utilities with respect to any action described in this section or otherwise related to a project, including granting access to public rights-of-way, infrastructure and poles, river and bridge crossings, and any other physical assets owned or controlled by [the unit].

Additional Materials