(A) Definitions. As used in this section:
BROADBAND SERVICES. Includes services, including voice, video, and data that provides capacity for transmission of more than 384 kilobits per second in at least one 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 384 kilobits per second, the voice transmission capacity may be less than 384 kilobits per second.
PERMIT. Any local, state, or federal agency permit, license, certificate, approval, registration, or similar form of approval required by statute, administrative rule, regulation, ordinance or resolution with respect to a project.
PROJECT. The construction or deployment of wireline or wireless communications facilities to provide communication services (as defined in I.C. 8-1-32.5-3) in a unit.
(B) Procedures required for broadband ready communications.
(1) Pursuant to I.C. 5-28-28.5-7 Owen County, Indiana wishes to be certified as a broadband ready community and hereby establishes a procedure to review applications and issue permits for projects. In compliance with I.C. 5-28-28.5-7(a) this procedure must contain the following components:
(a) A single point of contact for all matters related to a project;
(b) A guarantee that all applications related to a project will be reviewed and either approved or rejected within ten business days after an application is submitted;
(c) An assurance that all inspections, including necessary approvals, related to a project will occur in a timely and expeditious manner; and
(d) An authorization for all forms, applications and documentation related to a project to be filed and signed by electronic means.
(C) Prohibited procedures.
(1) The Owen County Board of Commissioners shall adopt the required processes and procedures to implement the provisions of division (B). A procedure established under division (B) 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; or
(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 right-of-way, infrastructure and poles, river, and bridge crossings, and any other physical assets owned or controlled by the unit.
(Ord. 2020-0048, passed 9-21-2020)