105 IAC 16.5-1-20 Relocation

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.