Agreement will expand Indiana’s rural and agricultural broadband and wireless services and fund the state’s bicentennial projects

 Indianapolis – Governor Mike Pence announced today the state has agreed to terms to lease the state’s communications infrastructure, including its existing cell towers, and deliver more than $260 million in anticipated revenue to Indiana. The Indiana Finance Authority (IFA) board approved the agreement this morning, pending review by the state’s legislative budget committee. This agreement will result in expanded rural and agricultural broadband solutions and wireless services throughout Indiana and fund the state’s bicentennial projects.

“Indiana is a national leader in partnerships that deliver sound financial returns and long-term benefits to Hoosiers,” said Governor Pence. “This agreement, if approved, will put underused assets into full play, enhance Indiana’s communication capabilities throughout the state, and fund the state’s bicentennial projects.”

According to the terms of the agreement, Ohio-based Agile Networks will pay Indiana an initial upfront payment of $50 million to manage, operate and market the state’s communications infrastructure, and pay the state an additionally anticipated $36 million in revenue share over the initial, 25-year term of the deal. If Agile Networks opts to renew the agreement for an additional 25-year term, it will pay Indiana an additional up-front payment of $10 million, plus an additionally anticipated $164 million over the renewal term.

“This expansion will enhance broadband service as Agile Networks’ open access model will give wireless carriers and providers the ability to easily enter new urban and rural markets,” said Micah Vincent, Director of the Indiana Office of Management and Budget. “The impact of significantly increasing broadband availability in underserved areas will facilitate economic development, increase educational learning and telemedicine opportunities, increase growth for rural businesses, advance agricultural technologies, and provide reliable broadband for residents.”

“Hoosiers are the big winners in this agreement, which provides revenue for important projects and expands communications opportunities throughout the state,” said IFA Director Dan Huge. “This agreement provides great value to Hoosiers by taking advantage of our currently underutilized communications assets.”

An independent report by CTC Consulting lists The Agile Network as a key differentiator and competitive advantage for attracting businesses to rural communities.

Dave Stafford for www.theindianalawyer.com

The Indiana Supreme Court will decide whether the Indiana Department of Child Services may be sued for failing to maintain the confidentiality of a caller who reported suspected child neglect.

Justices last week granted transfer in John Doe #1, et al. v. Indiana Department of Child Services, 49S02-1609-CT-464. A divided Court of Appeals panel reversed summary judgment in favor of DCS on a civil tort alleging DCS was negligent in failing to protect the reporting source, which violated I.C. § 31-33-18-2.

Majority judges Robert Altice and James Kirsch held that in the specific circumstances of John Doe #1, the Does established that DCS owed a duty of care to them, and therefore could be the subject of a complaint alleging negligence. Chief Judge Nancy Vaidik dissented, writing that the Legislature did not intend to create a private right of action.

Justices took one other negligence case before the Labor Day weekend, granting transfer on the question of whether a woman in a karate class who held a training bag may sue a man whose kick injured her.

Tresa Megenity sued David V. Dunn after she was injured in a karate class. Megenity claimed she was expecting a front kick, but Dunn delivered a kick with a jump, the force of which caused injuries. Dunn won summary judgment at the trial court, but a majority of the Court of Appeals — writing Judge Edward Najam and Judge Melissa May reversed, holding this was an issue of material fact requiring reversal. Judge Patricia Riley dissented and would have affirmed, and would have decided the matter based on the broad scope of karate, rather than whether Dunn’s kick was outside the sport’s reasonable and appropriate conduct.

The case is Tresa Megenity v. David V. Dunn, 22S04-1609-CT-465.

Justices denied transfer petitions in 19 cases for the week ending Sept. 2. Transfer dispositions may be viewed here.