105 IAC 16.5 — ARTICLE 16.5. BROADBAND REQUIREMENTS AND CRITERIA

TITLE 105 INDIANA DEPARTMENT OF TRANSPORTATION

ARTICLE 16.5. BROADBAND REQUIREMENTS AND CRITERIA

Rule 1

105 IAC 16.5-1-1 105 IAC 16.5-1-1 Purpose of rule

Rule 1. Broadband Requirements and Criteria

105 IAC 16.5-1-1 Purpose of rule

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5

Sec. 1. This rule applies only to the installation of fiber optic communications infrastructure used for providing broadband services and located within the highway rights-of-way of limited access highways.

(Indiana Department of Transportation; 105 IAC 16.5-1-1; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-2 105 IAC 16.5-1-2 Definitions

105 IAC 16.5-1-2 Definitions

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-1-32.5-3; IC 8-23-2-1; IC 8-23-5-10

Sec. 2. The following definitions apply throughout this article:

(1) "Access control" means the regulation of public access to and from properties abutting the highway facilities.

(2) "Applicant" means a person or an entity applying for a permit to install:

(A) broadband;

(B) broadband facilities;

or both.

(3) "As-built plans" means a revised set of drawings submitted by the permittee after finishing the broadband installation showing the exact location of the installed handholes or other facilities.

(4) "ASCII" refers to the American Standard Code for Information Interchange.

(5) "ASTM" refers to the American Society for Testing and Materials.

(6) "Backfill" means the replacement of excavation with suitable material compacted as specified.

(7) "Bore pits" means an excavation of specific size to house a boring machine and tracks.

(8) "Broadband" means the transmission or communication through Internet Protocol enabled retail services by a person or an entity that:

(A) transmits communications through Internet Protocol enabled retail services, including:

(i) voice;

(ii) data;

(iii) video; or

(iv) any combination of voice, data, and video communications; or

(B) provides the software, hardware, transmission service, or transmission path needed for communications described in subdivision (1);

is not a public utility solely by reason of engaging in any activity described in subdivisions (1) through (2) at speeds that meet or exceed the Federal Communications Commission definition of high speed.

(9) "Broadband access permit" means the right granted to install improvements on, below, or above state owned or controlled property for purposes of fiber optic data transmission.

(10) "Clear zone" means the portion of the roadside within a state owned or controlled right-of-way that is free of nontraversable hazards and fixed objects.

(11) "Conduit" means a rigid pipe or tubing usually of HDPE placed underground to protect fiber optic cable or communications infrastructure.

(12) "Conduit bank" means a system of more than one (1) conduit bundled together to protect and consolidate communications infrastructure.

(13) "Department" refers to the Indiana department of transportation established by IC 8-23-2-1.

(14) "Depth of cover" means the distance between the top of an underground facility, including conduit, to the surface of the ground or pavement.

(15)"Dig once" means a policy and practices that provide efficient access to conduit and limits the number and scale of excavations when installing telecommunication infrastructure in a highway right-of-way.

(16) "Electronic permitting system" or "EPS" means the electronic online system used to record activity related to a department permit, including plan submittals, correspondence, and payment activity.

(17) "ESRI" refers to the Environmental System Research Institute.

(18) "Facility" means any privately, municipally, publicly, or cooperatively owned systems for supplying broadband services, directly or indirectly, to the public.

(19) "Handhole" means an underground enclosure where conduit enters the enclosure and includes an access point to either a conduit or fiber optic cable.

(20) "HDPE" means high density polyethylene.

(21) "HMWPE" means high molecular weight and HDPE.

(22) "ITS" means the intelligent traffic systems and infrastructure and equipment maintained by the department, including advanced traffic management systems.

(23) "Limited access highway" has the meaning set forth in IC 8-23-5-10(a)(4).

(24) "Longitudinal installation" means any broadband facility installed parallel to the centerline of the roadway.

(25) "Manhole" means an opening in an underground system where a worker or workers may enter for the purpose of working on the facilities.

(26) "Median" means the portion of a divided highway separating the traveled way for traffic in opposite directions.

(27) "Occupancy" means the presence of broadband facilities within the right-of-way.

(28) "Operator" means:

(A) a broadband service provider;

(B) a contractor;

(C) a subcontractor;

(D) a consultant; or

(E) any party affiliated with an operator that is constructing, operating, providing, or installing fiber optic cable.

(29) "Permit" means a legal document where the department gives written permission to an applicant to perform work on the highway right-of-way.

(30) "Relocation" means an activity involving a facility that is needed for a roadway improvement project, including:

(A) abandoning;

(B) altering;

(C) deactivating;

(D) installing;

(E) maintaining;

(F) modifying;

(G) moving;

(H) removing; or

(I) supporting.

(31) "Right-of-way" means state owned or controlled land, property, or interest acquired for or devoted to transportation purposes.

(32) "Site" means those portions of the department's real property on, over, and under which operator may install improvements.

(33) "Splice" means a permanent junction between two (2) fiber or HDPE conduit ends.

(34) "Tracer wire" means a continuous wire placed into each run of conduit with all fiber optic cable to locate underground conduit or pipe.

(35) "Vault" means an underground enclosure where conduit enters into the enclosure to serve as an access point for intercepting, placing, extending, or repairing a conduit or fiber optic cable, splice case, or slack loop.

(Indiana Department of Transportation; 105 IAC 16.5-1-2; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-3 105 IAC 16.5-1-3 Conduit installation

105 IAC 16.5-1-3 Conduit installation

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5

Sec. 3. (a) A conduit bank may be installed in the right-of-way while the department is performing certain types of work, such as the following:

(1) Work that alters the limits of the right-of-way, such as added travel lanes and construction or reconstruction of interchanges, bridges, or overpasses.

(2) Work that requires the relocation of sanitary sewer or storm drainage.

(3) Work that creates significant traffic pattern changes to the existing systems.

(4) Reconstruction work that requires excavation or other alterations to the subgrade layer.

(5) A construction project for the installation of intelligent traffic systems for state use.

(b) The installation of a conduit bank in the right-of-way must satisfy the following:

(1) Be at least fifty (50) feet from existing bridges, overpasses, walls, small pipes, lights, ITS, or any other department structure.

(2) Be paid with primarily state funds.

(3) Private entities bid the work as part of the normal contracting process for the road work to be performed.

(4) Include additional conduits in any ITS project placing conduit for performance upgrade.

(c) Conduit may not be installed in the department's right-of-way at locations that may have a high potential to conflict with proposed construction, highway maintenance, roadway operations, highway safety, or future highway improvements, including the following:

(1) Deep highway cut sections.

(2) Near footings of bridges or other highway structures.

(3) Diagonally across intersections.

(4) Cross-drains where the flow of water, drift, or stream bed may be obstructed.

(5) Longitudinally in or under a ditch.

(6) Wet or rocky terrain where the minimum depth of cover is difficult to attain.

(7) Soft soils subject to excess settlement.

(8) Median installations.

(9) Slip liner installation.

(10) Culvert replacement.

(11) Spot or strip paving.

(Indiana Department of Transportation; 105 IAC 16.5-1-3; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-4 105 IAC 16.5-1-4 Types of installations

105 IAC 16.5-1-4 Types of installations

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 4. (a) An operator may install conduit if, during the department's construction project, there is space available in the trench to install additional conduit. Conduit installed by the operator must be purple or terracotta in color.

(b) If no space is available in the trench for additional conduit, the operator shall install its own conduit at least two (2) feet from the right-of-way fence and not within the department's roadway.

(c) If an operator has conduit in the trench that preexisted the department's conduit, and the operator desires to upgrade its conduit, the operator may do so during the department's construction project.

(d) An operator may install fiber optic cable in the department's designated conduit if there is space available within the conduit after the department's construction project is finished. The determination will be made solely by the department based on projected future needs for the space, engineering studies, and environmental studies.

(Indiana Department of Transportation; 105 IAC 16.5-1-4; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-5 105 IAC 16.5-1-5 Content of applications; incomplete applications; approval or denial of permits

105 IAC 16.5-1-5 Content of applications; incomplete applications; approval or denial of permits

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 5. (a) A separate application for a permit shall be made for each type of broadband through the department's EPS. The application must be verified and include at least the following information:

(1) The complete name, title, address, email address, and phone number of the applicant. If a subcontractor will be conducting the installation of the broadband, the subcontractor's information is required to be provided in EPS, along with a signed copy of the Additional Disclosure Form SF 23237.

(2) The proposed location of the broadband, which includes identification of the location on the geographic information systems map of the starting point of the proposed installation, and the beginning and ending points through the route reference points in EPS.

(3) The estimated start date and end date of the work to be performed.

(4) A detailed description, including the linear footage, type of each installation, and the total amount of each type of broadband being installed.

(5) The project purpose.

(6) Plans with enough detail. The following documentation must be included in the plans:

(A) Plan sheets, which are detailed and scaled to show the proposed location of the broadband and facility installation relative to the right-of-way congestion.

(B) Maps, including the roadways that are to be included in the permit and the surrounding area of the work.

(C) A north directional arrow shown on each page of the plans and on the map.

(D) A legend showing the symbols used on the plans and the color coding used to mark the plans.

(E) A typical section view showing the proposed types of installations, including:

(i) the height and depth;

(ii) right-of-way lines;

(iii) the edge of pavement;

(iv) the centerline;

(v) driveways;

(vi) bridges;

(vii) culverts;

(viii) traffic signals;

(ix) existing utilities;

(x) drain inlets; and

(xi) drain outlets.

(F) Traffic signal equipment, including the loop detectors and the distance from the equipment.

(G) All streets, including cross-streets, labeled with the street name and route number on each page of the plans.

(H) Match lines between the pages of the plans.

(7) Any other information or documentation reasonably related to the application that is required by the department. The application shall be completed accurately by the applicant, or by a representative duly authorized in writing to act for the applicant.

(b) An incomplete application will not be considered by the department, but minor deficiencies may be remedied promptly after the department requires the applicant to provide additional information or documentation. Additional information or documentation must be provided to the department within fifteen (15) days after notice of the deficiency. Otherwise, the documents included with an incomplete application are returned to the applicant without being processed, along with a written explanation of the reason for its return. If an application is withdrawn or returned for any reason, and the applicant chooses to resubmit the application, the resubmitted application is processed as a new application beginning on the date it is received by the department with a new application number.

(c) The department shall review each application based on its qualifications beginning on the date the application is received by the department. If the permit is approved by the department, written notice of this fact shall be sent to the applicant via EPS. A denial of a permit by the department must be in writing, accompanied by an explanation of why the permit was denied, and sent through EPS.

(d) Thirty (30) days after providing notice in writing to the permittee, the department shall have authority to revoke any permit issued under this rule where the application for the permit contains false or misleading information, or the permittee has violated any provision of this rule.

(Indiana Department of Transportation; 105 IAC 16.5-1-5; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-6 105 IAC 16.5-1-6 Broadband access agreement

105 IAC 16.5-1-6 Broadband access agreement

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 6. A broadband access agreement must include provisions that comply with the requirements outlined in 23 CFR 710.405 and be:

(1) fully executed by the operator and the department; and

(2) approved by the state approving agencies before a permit is issued.

The operator may not perform any work within the department's right-of-way without a valid permit and fully executed agreement.

(Indiana Department of Transportation; 105 IAC 16.5-1-6; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-7 105 IAC 16.5-1-7 Bond requirements

105 IAC 16.5-1-7 Bond requirements

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 7. (a) A bond must be obtained by the operator before a permit is issued and the following requirements must be met:

(1) A surety must be in place in the name of the company that owns the broadband. If the name of the company changes for any reason, the surety must be updated to the new name of the company.

(2) For a performance bond, the amount is determined based on the amount of conduit, fiber optic cable, or facilities to be installed, with at least:

(A) ten thousand dollars ($10,000) for up to five thousand (5,000) feet;

(B) ten thousand dollars ($10,000) per mile; or

(C) the total project costs for installation within the department's right-of-way;

whichever is greater.

(b) For a blanket bond, the lowest required amount is five hundred thousand dollars ($500,000) or an amount that is sufficient to cover the sum of the cost of the open permits, whichever is greater. Bond recipients are responsible for increasing the blanket bond value to cover the sum of the cost of the open permits. If the cost exceeds the blanket bond amount at any time, no new permits will be issued until the surety amount is increased or some of the permits are closed.

(Indiana Department of Transportation; 105 IAC 16.5-1-7; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-8 105 IAC 16.5-1-8 Requirements for installation of conduit

105 IAC 16.5-1-8 Requirements for installation of conduit

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 8. (a) Conduit must have a depth of cover of at least four (4) feet, including under ditches. The lines must be at least two (2) feet below any buried drainage structure or improvement. Conduit must be stubbed out at least two (2) inches into each handhole.

(b) Conduit must be installed under the approved permit plans and specifications.

(c) Conduit must be installed underground by trenching or directional drilling.

(d) Warning tape must be furnished and installed in trenches containing conduit, as shown on the approved permit plans.

(e) Conduit must be placed at least two (2) feet from the department's right-of-way fence line, unless otherwise approved by the department, and within the right-of-way.

(Indiana Department of Transportation; 105 IAC 16.5-1-8; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-9 105 IAC 16.5-1-9 Trenching

105 IAC 16.5-1-9 Trenching

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5

Sec. 9. (a) In a common open trench, the ITS conduit is colored orange, blue, and green and placed first at the bottom of the trench. The limited access highway conduit is colored red, black, white, and grey and placed above the ITS conduit. If there is space available in the trench, an operator may place conduit in the trench, and the conduit is colored terracotta or purple.

(b) Conduit may be trenched or plowed at the operator's discretion and as allowed by the site conditions.

(c) Flexible roadside delineators disturbed during trenching operations must be restored or replaced at no additional cost to the department.

(d) The conduit type, number, and size must be shown on the permit plans.

(e) Hand trenching is required in areas where sensitive existing crossing utilities or broadband have been identified and will likely require positive identification of the existing utility or broadband before trenching above or below the existing utility line, or where surface features, such as riprap, inhibits trenching. The method of positive identification of the existing utility line is at the discretion of the operator and accomplished at no additional cost to the department. Any material that is removed to accomplish hand trenching shall be restored or replaced in kind by the operator at no additional cost to the department.

(f) Conduit may be installed by directional drilling at locations specified as hand trenched or offset trench on the permit plans at no additional cost to the department.

(g) Offset trench is required in areas where the trench is located behind obstructions. This type of trenching uses a long reach hydraulic driven trenching machine to reach over and beyond the obstruction to finish the trench.

(h) Trenches, bedding, and backfill must comply with this subsection as follows:

(1) Trenches must be cut with vertical faces where soil and depth conditions allow. The width of a trench must be the minimum necessary to accomplish the installation. Shoring must be used when necessary, under Occupation [sic, Occupational] Safety and Health Administration requirements.

(2) Bedding must be provided to a depth of six (6) inches or fifty percent (50%) of the nominal diameter of the pipe, duct, or duct bank, whichever is less. Bedding is not required for pipes, ducts, or duct banks encased in concrete or flowable fill. The bottom of the trench must be prepared to provide the pipe, duct, or duct bank with uniform bedding support throughout the length of the installation.

(3) Backfill must be provided under the INDOT Standard Specifications, Section 715.09*, effective September 1, 2024.

*This document is incorporated by reference. Copies of the 2024 Standard Specifications can be found at https://www.in.gov/dot/div/contracts/standards/book/sep23/sep.htm or may be obtained at the Indiana Department of Transportation, 100 North Senate Avenue, Room N730, Indianapolis, IN 46204.

(Indiana Department of Transportation; 105 IAC 16.5-1-9; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-10 105 IAC 16.5-1-10 Directional drilling

105 IAC 16.5-1-10 Directional drilling

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5

Sec. 10. (a) Utility locations, including the depth of each utility, determined by the Indiana Underground Plant Protection Service, to be near the path of the proposed drill, must be identified before any drilling. The utilities and underground fiber must be exposed before any drilling.

(b) The diameter of a drilled hole must conform to the outside diameter of the conduit or conduits as closely as practical. The operator shall pressure grout to fill any voids that develop during the installation operation.

(c) The operator is responsible for removing and replacing any conduit damaged in the directional drilling operations at no additional cost to the department.

(d) The use of water and other fluids in connection with the drilling operation is allowed only as needed to lubricate cuttings. Jetting is not allowed, and the use of water alone as a drilling fluid may not be used. The operator shall use a drilling fluid or slurry consisting of at least ten percent (10%) high grade processed bentonite to consolidate excavated material, seal the walls of the hole, and furnish lubrication for the later removal of material and immediate installation of the conduit.

(e) The operator shall use a means of collecting and containing drilling fluid or slurry that returns to the surface, such as a slurry pit. The following procedures are used:

(1) Provide measures to prevent drilling fluids from entering storm sewer systems.

(2) Prevent drilling fluid or slurry from accumulating on, or flowing onto, sidewalks, other pedestrian walkways, driveways, or streets.

(3) Immediately remove any slurry that is deposited on pedestrian walkways.

(4) Transport waste drilling slurry from the site and dispose of it.

(5) Protect wetlands from slurry using appropriate soil erosion control measures, as slurry is not allowed to enter wetlands.

(f) A digital walkover locating system must be used to track the drill head during the bore. The locating system must at least be capable of determining the pitch, roll, heading, depth, and horizontal position of the drill head at any point along the bore. During each drilling operation, the drill head must be located every ten (10) feet along the bore and before crossing an underground utility or a structure. After the drilling operation and conduit installation is complete, the operator shall furnish an as-built profile drawing and plan drawing for the drilled conduit, showing the horizontal and vertical locations of the installed conduit.

(g) The following actions on bridges or bridge structures is not allowed:

(1) Attachments to any bridge or structure that reduces the under-bridge clearance for vehicles or vessels passing under the bridge or structure.

(2) Drilling or welding of the steel girders.

(3) Attaching conduit or hangers to the bridge barrier wall or bridge railing.

(Indiana Department of Transportation; 105 IAC 16.5-1-10; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-11 105 IAC 16.5-1-11 Conduit splicing

105 IAC 16.5-1-11 Conduit splicing

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 11. HDPE conduit splices must be done mechanically or be fusion spliced.

(Indiana Department of Transportation; 105 IAC 16.5-1-11; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-12 105 IAC 16.5-1-12 General installation requirements

105 IAC 16.5-1-12 General installation requirements

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 12. (a) Construction and maintenance operations must be planned to reduce closing intersecting streets, road approaches, traffic lanes, or other access points. Construction operations, which interfere with traffic, are not permitted during periods of peak traffic flow. Under the INDOT Design Manual, Chapter 503*, effective January 1, 2013, a traffic control plan must be prepared and submitted with the permit application.

(b) The operator shall maintain a safe work site at all times, secured against any safety hazard to the public at all times, until the work is completed. All pipe, conduit, wire, poles, crossarms, or other materials located within the right-of-way before installation must be placed outside any ditches and at least thirty (30) feet beyond the edge of the traveled way or behind existing guard rails. The department may require construction or maintenance operations on the department's right-of-way to be discontinued during periods of inclement weather or when soil conditions cause the work to result in extensive damage to the right-of-way or creates an unsafe traveling condition.

(c) The operator shall make every effort to minimize the areas disturbed by the work conducted. The operator shall promptly restore those areas disturbed to their original or better condition before the work conducted. Restoration of disturbed areas must comply with the requirements of the approved work plan and the terms and conditions of the permit.

(d) The operator shall maintain existing drainage patterns during the installation, maintenance, or removal of their facilities. Trenches and bore pits for underground facility installations must be backfilled. Outlets or under drains may be installed as needed to avoid entrapped water.

(e) The operator shall contact the Indiana Underground Plant Protection Service two (2) days before any excavation or survey so that underground utilities may be located and marked.

(f) Facilities must be maintained in good repair both structurally and aesthetically.

(g) A permit is required for the trimming, cutting, spraying, or removal of trees, shrubs, or other vegetation located within the right-of-way, and these activities may not occur without the specific written permission of the department. Tree removal includes removing the stump and backfilling the hole. Debris, refuse, and waste must be removed from the right-of-way as follows:

(1) The work consists of clearing, grubbing, removal, and disposal of all vegetation and debris within the construction limits as shown on the plans, except objects designated to remain. If no construction limits are shown, the right-of-way and easement areas will be the construction limits. Work must include the preservation from injury or defacement of the vegetation and objects designated to remain.

(2) Trees, shrubs, plants, seeded or sodded shoulders, slopes, or other items to remain must be designated and preserved. The areas outside the construction limits must remain in their original condition. Damage to natural terrain, vegetation, objects designated to remain, or areas outside the construction limits that have later eroded or been damaged must be repaired to their original or better condition or replaced.

(h) The applicant shall obtain the required environmental permits to support installing or relocating its facilities. The applicant shall carry out erosion control, sediment control, and storm water management measures under the Indiana Storm Water Management Field Guide*, effective January 1, 2018, and the Indiana Design Manual Chapter 205*, effective January 1, 2013. These measures shall be carried out both during and after work operations until replacement vegetation is established or the area is disturbed by another party.

(i) If an emergency that requires access to the site is not covered under an issued permit, notice shall be given telephonically to the department at 1 (855) 463-6848 within one (1) hour after accessing the site. If a live departmental employee is not available, a telephonic or voicemail message will be enough notice. Within five (5) business days after the emergency, the operator shall submit a permit application for the work performed and for any work yet to be completed within the site. The operator shall ensure proper maintenance of traffic controls is followed.

(j) Before entering the site, the operator shall apply for a broadband access permit each time it enters the site, including for routine maintenance, construction, and repair activities.

*These documents are incorporated by reference. Copies of the Design Manual can be found at https://www.in.gov/indot/design-manual/. Copies of the Design Manual and the INDOT Storm Water Management Field Guide may be obtained at the Indiana Department of Transportation, 100 North Senate Avenue, Room N730, Indianapolis, IN 46204.

(Indiana Department of Transportation; 105 IAC 16.5-1-12; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-13 105 IAC 16.5-1-13 Requirements for installation of fiber optic cable

105 IAC 16.5-1-13 Requirements for installation of fiber optic cable

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 13. (a) If space exists in the limited access highway conduit and the operator has not previously installed its own conduit, the operator shall install fiber optic cable in the limited access highway conduit. An operator may populate not more than two (2) limited access highway conduits at each location. If more than two (2) limited access highway conduits are needed, the operator must petition the department for an exception based on availability and feasibility. The limited access highway conduit must be populated in its entirety by the operator or its subsidiary within ninety (90) days after the date of the full execution of the broadband access agreement.

(b) Fiber optic cable may not be installed in a ditch line.

(c) Fiber optic cable must be located as to not interfere with the department's traffic signals and related equipment. The crossing must be at least ten (10) feet away from the loop detectors on the backside of the loops.

(d) Fiber optic cable must be labeled on the plan sheets as follows:

(1) The length and type of fiber optic cable proposed for installation on each page.

(2) The edge of the pavement or curb and gutter, or both.

(3) The department's right-of-way line, depicting the total width of available right-of-way along the roadway route.

(4) The distance of proposed fiber optic cable from the roadway.

(5) The proposed fiber optic cable installation method on each plan sheet, such as hand, machine trenching, directional bore, or plowing.

(e) Identification signs, not larger than two hundred (200) square inches, identifying the operator's name, telephone number, and the type of buried improvement must be placed within twelve (12) inches from the right-of-way fence, at the line of sight, along the entire occupancy route. Double signs must be used at all manhole or handhole locations, with one (1) sign at each end.

(Indiana Department of Transportation; 105 IAC 16.5-1-13; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-14 105 IAC 16.5-1-14 Requirements for installation of handholes

105 IAC 16.5-1-14 Requirements for installation of handholes

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 14. (a) Handholes must be installed under the approved permit plans and specifications. Handhole covers must be bolted into place with stainless steel bolts and washers. The cover frame must be installed in the handhole with a butyl rubber sealant in tape or coil form for a proper seal between the handhole and frame to prevent it from moving out of place. The sealant must comply with ASTM C990 for butyl rubber sealants.

(b) The cover for a handhole must be marked with the logo "INDOT F/O Conduit Bank" imprinted horizontally across the cover.

(c) Handholes must be located outside ditch lines, sidewalks, trails, roadways, and shoulders.

(d) Handholes must be strong enough to withstand external design pressures, including superimposed loads of soil, roadway, traffic, and construction equipment. If the handhole is installed in a way that allows a vehicle or piece of maintenance equipment to drive over the lid, it must be traffic rated.

(e) A readily identifiable and suitable marker must be placed immediately above any underground communication lines where it crosses the right-of-way line.

(f) Handholes must be located at least three (3) feet off the edge of the right-of-way unless the handhole is to be installed in the utility strip along a curb and gutter roadway.

(g) Handholes may be buried in the department's right-of-way provided a programmable electronic marker system is included with the company name, date of installation, elevation, and depth of the handhold is included.

(Indiana Department of Transportation; 105 IAC 16.5-1-14; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-15 105 IAC 16.5-1-15 Requirements for installation of vaults

105 IAC 16.5-1-15 Requirements for installation of vaults

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 15. (a) Vault materials must comply with INDOT Standard Specifications 807.03*, effective September 1, 2024.

(b) Vaults must be installed under the approved permit plans and specifications. Vault covers are required to be bolted into place to prevent accidental removal by mowing crews or other unintentional means. The cover frame must be installed in the vault with a butyl rubber sealant in tape or coil form for a proper seal and to prevent the frame from moving out of place. The sealant must comply with ASTM C990 for butyl rubber sealants.

(c) Vault rings and covers must be as shown on the plans and under the INDOT Standard Specifications 807.09*, effective September 1, 2024, except the message displayed on the lid must read "INDOT F/O Conduit Bank". Fabrication of these vault covers may not begin until working drawings have been approved by a department engineer.

(d) Vaults must be installed at the planned and potential future fiber optic cable splicing locations and additional locations as shown on the plans.

(e) Material surrounding the buried conduit splices and vaults must be tamped and added in a way that ensures there are no voids or depressions formed. Conduit entrance and exit points in the new vaults must be sealed watertight.

(f) Vaults must be precast. The top of the vault must be flat and level with the surrounding ground.

(g) After installation is complete, the disturbed portions of the construction area must be cleaned, and any excess excavation or other materials properly disposed of immediately.

*These documents are incorporated by reference. Copies of the 2024 Standard Specifications can be found at https://www.in.gov/dot/div/contracts/standards/book/sep23/sep.htm or may be obtained at the Indiana Department of Transportation, 100 North Senate Avenue, Room N730, Indianapolis, IN 46204.

(Indiana Department of Transportation; 105 IAC 16.5-1-15; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-16 105 IAC 16.5-1-16 Requirements for installation of tracer wire

105 IAC 16.5-1-16 Requirements for installation of tracer wire

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 16. (a) Tracer wire must be installed to comply with the permit plans and specifications to assist with conduit locates.

(b) Tracer wire must be a single conductor, high strength copper clad steel, orange color jacket, HMWPE, insulation, #12 American wire gauge wire. The HMWPE jacket must be at least thirty (30) millimeters in thickness. The wire must have a minimum break load of four hundred twenty-five (425) pounds and be made of fully annealed, high carbon 1055 grade steel. Tracer wires must be rated for use at thirty (30) volts. Wire connectors shall be waterproof.

(c) New continuous tracer wire shall be placed into each run of conduit to a handhole and shall be provided in the same conduit with all fiber optic cables. At least three (3) feet of tracer wire must be securely tied off inside a terminating handhole.

(d) The tracer wire must be securely fastened inside the handhole or vault. A waterproof wire nut or direct burial connector must be connected to each end of the tracer wire to prevent corrosion. At vaults with splice enclosures, the tracer wire shall be connected to the enclosure and connected to the wire lead for the fiber optic locator post.

(e) Tracer wire is not required to be installed in above-ground conduits and empty conduits that are part of a duct bank that contains a nondielectric, conductive cable. When multiple cables are to be installed in a conduit, the cables must be pulled simultaneously to prevent friction damage to the cable insulation. Spare and empty conduits may not be used to install the tracer wire.

(Indiana Department of Transportation; 105 IAC 16.5-1-16; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-17 105 IAC 16.5-1-17 Requirements for installation of cable duct markers

105 IAC 16.5-1-17 Requirements for installation of cable duct markers

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 17. (a) Cable duct markers must be installed to comply with the permit plans and specifications.

(b) Concrete cable duct markers must be marked "INDOT F/O Conduit Bank" with field-cut arrows identifying the direction of the underground conduits.

(c) Flexible cable duct markers must be manufactured of an integrally colored orange, single piece, two (2) sided, UV resistant, fiberglass reinforced composite, to allow installation into compacted soil. Markers must be able to return to vertical and remain functional after being subjected to a head-on vehicle impact. Markers must be at least three and seventy-five hundredths (3.75) inches wide by sixty-six (66) inches long, with raised and reinforced ribs along each side to protect the decal.

(d) Decals must be provided on both sides of the markers. Decals must consist of a standard fiber optic warning message, visible from a distance, such as "Warning Fiber Optic Cable and Conduit". The decal must also include the message "Call INDOT Before Digging 855-463-6848".

(e) All markers and decals must be from a single manufacturer.

(f) Markers must be installed under the manufacturer's recommendations, or to a depth suitable to resist the impact of wind or an errant vehicle without pulling free. Locations of marker installations must be as shown on the plans or determined by the department.

(Indiana Department of Transportation; 105 IAC 16.5-1-17; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-18 105 IAC 16.5-1-18 Fiber optic locator post

105 IAC 16.5-1-18 Fiber optic locator post

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 18. (a) Fiber optic locator post must be installed to comply with the permit plans and specifications.

(b) The fiber optic locator post must be made of a nonconductive, high-density polymer, and integrally white in color with an orange cap with black graphic and lettering on two sides. The colors must be stabilized against ultraviolet light so they will not fade under continuous exposure to direct sunlight. The marker must retain dimensional stability in temperatures ranging between negative forty (40) degrees Fahrenheit and one hundred seventy-five (175) degrees Fahrenheit. Each post must be able to withstand a single vehicle impact at forty-five (45) miles per hour and return to within ten (10) degrees of vertical within sixty (60) seconds.

(c) A locator post must be installed at each fiber optic splice location. At splice points, the posts must be connected to the fiber splice cases and the armored cable with a #12 tracer wire in innerduct as shown on the plans.

(d) Locator posts must be installed at the same time, or immediately after the installation of the underground conduits and vaults for identification of underground infrastructure.

(Indiana Department of Transportation; 105 IAC 16.5-1-18; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-19 105 IAC 16.5-1-19 As-built documentation

105 IAC 16.5-1-19 As-built documentation

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 4-23-7.3; IC 8-23-5-10

Sec. 19. (a) As-built plans must show the exact location and elevation, and actual depth from the recorded elevation, commonly known as X, Y, Z coordinates, on both the plans and profile.

(b) As-built plans must be submitted both in hard copies and an electronic format compatible with the department's geographic information systems standards found in IC 4-23-7.3. As-built plans must be submitted within ninety (90) calendar days after construction is completed.

(c) The operator shall provide global positioning system coordinates accurate within:

(1) less than two (2) feet from all handhole and vault locations; and

(2) six (6) inches for conduit.

Measurements must be made approximately every fifty (50) feet. The coordinates must be noted on the plans and in a single comma separated value file given to the department. The file must be supplied on a compact disk to the department, which includes the latitude and longitude of all handhole and vault locations in decimal degree format. Each record must include the type of object, latitude, longitude, road name, direction of roadway travel, and nearest mile marker to the nearest tenth of a mile.

(d) Failure to provide as-built plans under this section may result in no additional permits being issued until the as-built plans are provided to the department.

(Indiana Department of Transportation; 105 IAC 16.5-1-19; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-20 105 IAC 16.5-1-20 Relocation

105 IAC 16.5-1-20 Relocation

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 20. (a) This section applies if the operator's conduit preexisted 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 that conflicts with a proposed highway improvement project must 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 is the sole responsibility of the operator. The department shall not be held liable for damage to a broadband facility that conflicts with a highway improvement project where the operator of the broadband facility was required to move the broadband facility and failed to relocate.

(c) Interruptions in service resulting from the department's transportation project are the sole responsibility of the operator.

(d) Except in an emergency, the department must give an operator not less than eighteen (18) months before a written notice to relocate.

(e) An existing broadband facility may remain in place if 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 has enough strength and durability to withstand the changed conditions and an 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 traffic patterns and are not located near intersections.

(Indiana Department of Transportation; 105 IAC 16.5-1-20; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-21 105 IAC 16.5-1-21 Fees

105 IAC 16.5-1-21 Fees

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5-10

Sec. 21. This section applies to the installation of conduit and fiber optic cable in the department's limited access highways. Under 23 CFR 710.403(e)*, effective August 23, 2016, fair market value must be charged for use of the right-of-way.

*These documents are incorporated by reference and refer to the regulations effective August 23, 2016. Copies may be obtained from the Government Publishing Office, www.govinfo.gov, or are available for review at the Indiana Department of Transportation, Office of Legal Counsel, Indiana Government Center North, 100 North Senate Avenue, Seventh Floor, Indianapolis, IN 46204.

(Indiana Department of Transportation; 105 IAC 16.5-1-21; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-22 105 IAC 16.5-1-22 Inspections

105 IAC 16.5-1-22 Inspections

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-5

Sec. 22. The department may inspect all broadband installations in the department's right-of-way. If any violations or deficiencies are observed, the department shall provide notice of those violations or deficiencies to the operator. The operator shall establish a plan of corrective action with the department not more than fourteen (14) calendar days after the date of notice of the violation or deficiency. The cost of additional inspections may be charged to the operator. Failure to correct the violation or deficiency as directed may result in revocation of the permit and impact pending permit applications until the violation or deficiency is resolved.

(Indiana Department of Transportation; 105 IAC 16.5-1-22; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-23 105 IAC 16.5-1-23 Permit denial criteria

105 IAC 16.5-1-23 Permit denial criteria

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 8-23-2; IC 8-23-5

Sec. 23. No permit may be issued for the installation of broadband as follows:

(1) No available space exists in the department's roadway for additional conduit.

(2) No available space exists in the department's limited access highway conduit for fiber optic cable.

(3) The proposed plans do not meet the department's requirements for installation of broadband or its facilities contained in this rule or IC 8-23-2.

(Indiana Department of Transportation; 105 IAC 16.5-1-23; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-24 105 IAC 16.5-1-24 Revocation of permit; appeal of revocation

105 IAC 16.5-1-24 Revocation of permit; appeal of revocation

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 4-21.5; IC 8-23-5

Sec. 24. (a) A broadband access permit may be revoked for the following:

(1) Violations of this rule.

(2) Failure to install, maintain, or repair the broadband or its facilities in accordance with the broadband access permit.

(3) Misrepresentation of material facts made by the permit holder, which the department was found to have relied on in approving the broadband access permit application.

(4) The broadband or facilities conflict with the department's transportation project and the operator refuses to relocate the broadband or its facilities.

(5) Failure to complete installation within three hundred sixty-five (365) days after the date of issuance of the broadband access permit, unless an extension for the permit has been filed before the end of the three hundred sixty-five (365) days.

(6) A determination on inspection of the broadband or its facilities that fails to comply with the department's broadband access permit terms and conditions.

(7) Unlawful destruction or cutting of trees, shrubs, or other vegetation located in the right-of-way.

(8) Installation in the clear zone or environmentally restricted areas.

(9) Failure to obtain and maintain the required permits from a federal, state, or local agency.

(10) If inconsistent with other federal or state law.

(b) If revocation of the broadband access permit is appropriate, the department shall issue a written notice of revocation, accompanied by an explanation of the rationale for the revocation.

(c) Broadband or facilities that were installed, repaired, or maintained, or exist in violation of any provision of federal law or state law, including this rule, are illegal. The broadband access permit for illegal broadband or facilities may be revoked at any time by the department under this rule and state law.

(d) If the broadband access permit for broadband or facilities is revoked by the department, the broadband or facilities will be removed by the permittee or the department under this rule and state law without payment of compensation to the operator or any other party.

(Indiana Department of Transportation; 105 IAC 16.5-1-24; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-25 105 IAC 16.5-1-25 Appeal procedures

105 IAC 16.5-1-25 Appeal procedures

Authority: IC 8-23-2-6; IC 8-23-5-10

Affected: IC 4-21.5; IC 8-23-5

Sec. 25. An operator who is sent notice by the department that the broadband access permit is being revoked may appeal that determination under IC 4-21.5.

(Indiana Department of Transportation; 105 IAC 16.5-1-25; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)

105 IAC 16.5-1-26 105 IAC 16.5-1-26 Severability

105 IAC 16.5-1-26 Severability

Authority: IC 8-23-2-6; IC 8-23-5-1

Affected: IC 8-23-5

Sec. 26. The terms of this rule are declared to be separable. If a word, phrase, sentence, or section of this rule is declared unconstitutional or otherwise invalid, the remainder of this rule is not affected by that declaration, but remains in full force and effect.

(Indiana Department of Transportation; 105 IAC 16.5-1-26; filed Jun 20, 2025, 1:31 p.m.: 20250716-IR-105250150FRA)