LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6996 NOTE PREPARED: Jan 3, 2021
BILL NUMBER: SB 272 BILL AMENDED:
SUBJECT: Pole Attachment Fees.
FIRST AUTHOR: Sen. Messmer BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED: GENERAL IMPACT: State & Local
X DEDICATED
FEDERAL
Summary of Legislation: The bill imposes limitations on fees, terms, and conditions that may be imposed
by a person or entity for access to: (1) tracks, conduits, subways, or poles; or (2) other equipment on, over,
or under a street or highway; owned or controlled by the person or entity. It specifies that providers of cable
service are communications service providers regulated under certificates of territorial authority issued by
the Indiana Utility Regulatory Commission.
Effective Date: July 1, 2021.
Explanation of State Expenditures: Indiana Utility Regulatory Commission (IURC): The bill limits the
nature of fees, terms, and conditions that may be imposed by a person or entity who owns tracks, conduits,
subways, poles, or certain other equipment for accessing that property. This could increase IURC workload
to the extent that if such parties fail to reach an agreement on use or compensation, a party may apply to the
IURC for investigation to determine if public convenience and necessity require such use.
The bill also adds cable service to the definition of communications service, which exempts cable service
providers from having to file a tariff in connection with, or as a condition of receiving, a certificate of
territorial authority from the IURC.
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues: To the extent that local units or municipal utilities are the owners of
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tracks, conduits, subways, poles, or certain other equipment, the bill could impact local revenues resulting
from fees that those entities may impose. Any change to local revenues is ultimately indeterminable.
State Agencies Affected: Indiana Utility Regulatory Commission.
Local Agencies Affected: Local units; municipal utilities.
Information Sources:
Fiscal Analyst: Olivia Smith, 317-232-9869.
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Statutes affected:
1. Introduced Senate Bill (S): 8-1-2-5, 8-1-32.5-3