Indiana Code
Chapter 38.5. Broadband Grants for Rural Areas
4-4-38.5-10.5. Broadband Connectivity Subsidies; Subsidy Agreements; Priority for Subsidies; Permitted Use of Subsidy Payments; Eligibility for Subsidies

Sec. 10.5. (a) The office shall establish a program to expand the availability of broadband Internet connectivity throughout Indiana by:
(1) entering into agreements with broadband service providers under which broadband service providers agree to accept subsidy payments distributed by the office as a form of payment for the provision of eligible broadband service; and
(2) distributing subsidy payments to broadband service providers with whom the office enters into agreements under subdivision (1), to be used as a form of payment for eligible broadband service provided before July 1, 2025, to the following, as prioritized in this subdivision:
(A) First, to public school corporations to pay for eligible broadband service (as defined in section 3(1) of this chapter) to any building:
(i) that is used primarily for educating students; and
(ii) with respect to which a connection to eligible broadband service (as defined in section 3(1) of this chapter) first becomes available at the building after December 31, 2020.
(B) Second, to rural health clinics to pay for eligible broadband service (as defined in section 3(1) of this chapter) for which a connection to the eligible broadband service (as defined in section 3(1) of this chapter) first becomes available at a building described in section 7.1 of this chapter after December 31, 2020.
(C) Third, to eligible students to pay for eligible broadband service (as defined in section 3(2) of this chapter) for which a connection to the eligible broadband service (as defined in section 3(2) of this chapter) first becomes available at the primary residences of those students after December 31, 2020.
(b) A subsidy payment distributed by the office under the program established under this section may be used to pay one (1) or more of the following expenses:
(1) Fees charged by a broadband service provider for installation, activation, equipment purchases, or other one (1) time expenses of providing eligible broadband service to a recipient described in subsection (a)(2).
(2) Monthly subscription fees charged by a broadband service provider for the provision of eligible broadband service to a recipient described in subsection (a)(2), including modem and router charges.
(c) The office shall adopt and publish on the office's Internet web site guidelines to implement the program, including guidelines governing the following:
(1) Standards for determining eligibility to receive one (1) or more subsidy payments under the program.
(2) Standards for determining the number and dollar amounts of subsidy payments to be distributed under the program, including standards for determining whether an applicant for assistance is eligible for a single payment or for a recurring payment of financial assistance.
(3) Standards for broadband service providers to participate in the program.
(4) Standards for determining:
(A) the total amount of financial assistance to be distributed in subsidy payments under the program for each state fiscal year the program is operational; and
(B) sources of funding for that financial assistance.
(5) Any other standards the office determines are necessary to implement and administer the program.
(d) The office may not distribute a payment subsidy under the program for the benefit of any person or entity described in subsection (a)(2) unless the person or entity has first exhausted any available federal subsidies for broadband service for which the person or entity is eligible, as determined by the office.
(e) The program established under this section may not provide subsidy payments or other financial assistance for expenses described in subsection (b) that are incurred after June 30, 2025.
(f) This section expires July 1, 2025.
As added by P.L.89-2021, SEC.8.