Section 105 IAC 16-1-19 - RelocationAuthority: IC 8-23-2-6; IC 8-23-5-10
Affected: IC 8-23-5-10
Sec. 19.
(a) This section applies if the operator's conduit pre-existed the department's transportation project and the operator's conduit or broadband facilities conflicts with the project and needs to be relocated.(b) An existing broadband facility which conflicts with a proposed highway improvement project shall be relocated at the operator's expense. If the operator fails to relocate its broadband facility, any damage to the broadband facility as part of the highway improvement project shall be the sole responsibility of the operator. The department shall not be held liable for damage to a broadband facility which conflicts with a highway improvement project wherein the operator of the broadband facility was required to move the broadband facility and failed to relocate.(c) Any interruptions in service resulting from the department's transportation project shall be the sole responsibility of the operator.(d) Notwithstanding an emergency, INDOT shall exercise this right by giving operator no less than eighteen (18) months prior written notice to relocate.(e) An existing broadband facility may remain in place provided it does not conflict with the highway improvement project and complies with the following: (1) The broadband facility can be maintained without violating access control.(2) The broadband facility will not interfere with the department's proposed highway improvement project.(3) The broadband facility is of sufficient strength and durability to withstand the changed conditions and have adequate remaining service life to prevent maintenance, repair, or replacement.(4) Service access points are adjusted to be flush with the surface to accommodate any changes in grade and changes in traffic patterns and are not located near intersections.Indiana Department of Transportation; 105 IAC 16-1-19; emergency rule filed 12/16/2021, 12:43 p.m.: 20211222-IR-105210537ERA, eff Jan 1, 2022