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PAG LIN 1 1 SENATE FILE 519 1 2 1 3 AN ACT 1 4 RELATING TO THE AUTHORIZED USE AND USERS OF THE IOWA 1 5 COMMUNICATIONS NETWORK AND PROVIDING AN EFFECTIVE 1 6 DATE. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 8D.1, Code 1997, is amended by striking 1 11 the section and inserting in lieu thereof the following: 1 12 8D.1 PURPOSE – CONSTRUCTION – ADMINISTRATION. 1 13 The purpose of this chapter is to effectuate the following 1 14 public policy with respect to the operation of the Iowa 1 15 communications network and to that end this chapter shall be 1 16 construed and administered: 1 17 1. Communications of state government shall be coordinated 1 18 to effect maximum practical consolidation and joint use of 1 19 communications and network services. 1 20 2. The network shall be used for educational purposes, 1 21 governmental purposes including the delivery of governmental 1 22 services, lifelong learning through libraries, and telemedical 1 23 purposes. 1 24 3. The use of the network for educational applications 1 25 consistent with authorized uses shall be given the highest 1 26 priority. 1 27 4. The commission shall not provide or resell network 1 28 services to entities other than public and private agencies as 1 29 defined in section 8D.2. 1 30 5. The commission shall operate a limited access network 1 31 which shall support the authorized users defined in this 1 32 chapter. The commission shall not expand the user base in 1 33 competition with private enterprise as set forth in chapter 1 34 23A by allowing unauthorized users to use the network unless 1 35 specifically authorized by this chapter or by the general 2 1 assembly. The commission shall strictly construe and 2 2 administer this subsection to effectuate the intent of the 2 3 general assembly to limit the expansion of the user base in a 2 4 manner which is consistent with this chapter and limited to 2 5 the authorized users identified and authorized by the general 2 6 assembly. 2 7 Sec. 2. Section 8D.2, Code 1997, is amended by adding the 2 8 following new subsections: 2 9 NEW SUBSECTION. 0A. "Authorized use" means the use of the 2 10 network by an authorized user or by persons acting on behalf 2 11 of an authorized user as provided in this chapter and for one 2 12 or more of the following purposes: 2 13 a. State or federal communications. 2 14 b. Education or educational purposes including lifelong 2 15 learning opportunities provided by libraries or as otherwise 2 16 defined in this chapter. 2 17 c. Training programs provided under state law or developed 2 18 by authorized users. 2 19 d. Telemedicine or related health care purposes. 2 20 e. Official governmental use by a state agency or a 2 21 federal agency as provided in this chapter. 2 22 f. Establishing and operating a shared data-only network 2 23 for law enforcement, emergency management, disaster services, 2 24 emergency warning, and other emergency information 2 25 dissemination services to federal, state, and local law 2 26 enforcement agencies and local emergency management offices. 2 27 NEW SUBSECTION. 0B. "Authorized user" means a private 2 28 agency or public agency, except for a public or private agency 2 29 which was required pursuant to section 8D.9, subsection 1, to 2 30 certify to the commission no later than July 1, 1994, of the 2 31 agency's intent to become a part of the network, and which did 2 32 not provide such certification. The city of Des Moines is 2 33 deemed to be an authorized user as a result of its preexisting 2 34 agreements in effect at the time the network was created. 2 35 NEW SUBSECTION. 2A. "Educational use" means a use that is 3 1 within the written statement of mission of an accredited 3 2 nonpublic school, a nonprofit institution of higher education, 3 3 an institution under the control of the state board of 3 4 regents, a school corporation, a city library, a regional 3 5 library as provided in chapter 256, and a county library as 3 6 provided in chapter 336. 3 7 NEW SUBSECTION. 2B. "Library" means a city library, a 3 8 regional library as provided in chapter 256, a county library 3 9 as provided in chapter 336, or a library that is part of an 3 10 authorized user's facility. 3 11 NEW SUBSECTION. 3A. "Nonprofit institution of higher 3 12 education" means a private educational institution which is 3 13 accredited by the north central association of colleges and 3 14 secondary schools accrediting agency based on the agency's 3 15 requirements. 3 16 NEW SUBSECTION. 5A. "State agency" means a board, 3 17 commission, department of the executive, legislative, or 3 18 judicial branches of the state, or other unit of state 3 19 government. 3 20 NEW SUBSECTION. 7. "Telemedicine" means use of a 3 21 telecommunications system for diagnostic, clinical, 3 22 consultative, data, or educational services for the delivery 3 23 of health care services or related health care activities by 3 24 licensed health care professionals, licensed medical 3 25 professionals, and staff who function under the direction of a 3 26 physician or hospital for the purpose of developing a 3 27 comprehensive, statewide telemedicine network. 3 28 Sec. 3. Section 8D.2, subsection 4, Code 1997, is amended 3 29 to read as follows: 3 30 4. "Private agency" means an accredited nonpublic school, 3 31 a nonprofit institution of higher educationeligible for3 32tuition grants, or a hospital licensed pursuant to chapter 3 33 135B or a physician clinic to the extent provided in section 3 34 8D.13, subsection 16. 3 35 Sec. 4. Section 8D.2, subsection 5, Code 1997, is amended 4 1 to read as follows: 4 2 5. "Public agency" means a state agency, an institution 4 3 under the control of the board of regents, the judicial 4 4 department as provided in section 8D.13, subsection 17, a 4 5 school corporation, a city library, a regional library as 4 6 provided in chapter 256, a county library as provided in 4 7 chapter 336, or a judicial district department of correctional 4 8 services established in section 905.2, to the extent provided 4 9 in section 8D.13, subsection 15, an agency of the federal 4 10 government, orathe United Statespost office which receives4 11 postal service under a federal grant for pilot and 4 12 demonstration projects. 4 13 Sec. 5. Section 8D.13, subsections 2 and 3, Code 1997, are 4 14 amended to read as follows: 4 15 2. For purposes of this section, unless the context 4 16 otherwise requires: 4 17 a. "Part I" means the communications connections between 4 18 central switching and institutions under the control of the 4 19 board of regents, nonprofit institutions of higher education 4 20eligible for tuition grants, and the regional switching 4 21 centers for the remainder of the network. 4 22 b. "Part II" means the communications connections between 4 23 the regional switching centers and the secondary switching 4 24 centers. 4 25 c. "Part III" means the communications connection between 4 26 the secondary switching centers and the agencies defined in 4 27 section 8D.2, subsections 4 and 5, excluding state agencies, 4 28 institutions under the control of the board of regents, 4 29 nonprofit institutions of higher educationeligible for4 30tuition grants, and the judicial department, judicial district 4 31 departments of correctional services, hospitals and physician 4 32 clinics, agencies of the federal government, and post offices. 4 33 3. The financing for the procurement costs for the 4 34 entirety of Part I except for the communications connections 4 35 between central switching and institutions under the control 5 1 of the board of regents, and nonprofit institutions of higher 5 2 educationeligible for tuition grants, and for the video, 5 3 data, and voice capacity for state agencies and for Part II 5 4 and Part III, shall be provided by the state. The financing 5 5 for the procurement and maintenance costs for Part III shall 5 6 be provided by the state. A local school board, governing 5 7 authority of a nonpublic school, or an area education agency 5 8 board may elect to provide one hundred percent of the 5 9 financing for the procurement and maintenance costs for Part 5 10 III to become part of the network. The basis for the amount 5 11 of state financing is one hundred percent of a single 5 12 interactive audio and interactive video connection for Part 5 13 III, and such data and voice capacity as is necessary. If a 5 14 school board, governing authority of a nonpublic school, or 5 15 area education agency board elects to provide one hundred 5 16 percent of the financing for the leasing costs for Part III, 5 17 the school district or area education agency may become part 5 18 of the network as soon as the network can reasonably connect 5 19 the district or agency. A local school board, governing 5 20 authority of a nonpublic school, or an area education agency 5 21 board may also elect not to become part of the network. 5 22 Construction of Part III, related to a school board, governing 5 23 authority of a nonpublic school, or area education agency 5 24 board which provides one hundred percent of the financing for 5 25 the leasing costs for Part III, may proceed as determined by 5 26 the commission and consistent with the purpose of this 5 27 chapter. 5 28 Sec. 6. NEW SECTION. 8D.13A AUTHORIZED USES. 5 29 1. Full-motion, interactive video services provided by the 5 30 network may be used by a person if the use meets all of the 5 31 following conditions: 5 32 a. The use is within the requesting authorized user's 5 33 written statement of mission. 5 34 b. A representative of the authorized user is present and 5 35 participating in the session, or the authorized user has 6 1 entered into a written contract with the person accessing the 6 2 network services. 6 3 c. The use does not facilitate or enable a private person 6 4 to use network services for direct pecuniary gain, unless the 6 5 use is an authorized use under section 8D.2, subsection 0A, 6 6 paragraph "c" or "d". 6 7 2. a. This section shall not be construed to authorize 6 8 dial-up internet access from a remote unauthorized site. 6 9 b. Dial-up access other than internet access from an 6 10 unauthorized site to an authorized user's local area network 6 11 or server for obtaining a governmental service or for 6 12 conducting official business of an authorized user is 6 13 authorized as follows: 6 14 (1) The commission may establish a modem pool to provide 6 15 for dial-up access to an authorized user's server to obtain or 6 16 use a service offered by an authorized user or to conduct the 6 17 official business of an authorized user using TCP/IP protocols 6 18 or other approved protocols. 6 19 (2) An authorized user or a person may use a modem to 6 20 access an authorized user's server to obtain or use a service 6 21 offered by an authorized user or to conduct the official 6 22 business of an authorized user using TCP/IP protocols or other 6 23 approved protocols. 6 24 (3) An authorized user or person may use or access the 6 25 network for voice, video, and data teleconferencing services 6 26 where the use or access is for a service offered by an 6 27 authorized user or the use or access is to conduct the 6 28 official business of the authorized user. 6 29 3. This section is not intended to restrict the authorized 6 30 user's use of direct connections or dial-up internet 6 31 connections between authorized sites. 6 32 4. This section is not intended to restrict the use of 6 33 dial-up access to a stand-alone computer or computers 6 34 connected into a local area network or a wide area network 6 35 controlled exclusively by the authorized user for students and 7 1 teachers. This section is not intended to restrict the use of 7 2 dial-up access to the SILO network for libraries. 7 3 5. A person acting on behalf of an authorized user may use 7 4 or access the fiber optic network for voice, video, or data 7 5 services if both of the following apply: 7 6 a. The authorized user has requested the service from the 7 7 commission. 7 8 b. The use is within and restricted to the written 7 9 statement of mission of the authorized user and the use must 7 10 fall within the subject of a written contract between the 7 11 authorized user and person accessing voice, video, or data 7 12 services offered by the commission. 7 13 6. Written statements of mission must adhere to the 7 14 constraints of authorized users and uses as provided in this 7 15 chapter. 7 16 Sec. 7. NEW SECTION. 8D.13B PROHIBITED ACTS. 7 17 The following activities or acts with respect to the 7 18 network are prohibited: 7 19 1. The resale of services of the network by the commission 7 20 to any unauthorized user, except for the resale of services as 7 21 permitted by rule of the commission by a nonprofit institution 7 22 of higher education to students attending the institution and 7 23 residing at a residence facility maintained and operated by 7 24 the institution; an institution under the control of the board 7 25 of regents to students attending the institution and residing 7 26 at a residence facility maintained and operated by the 7 27 institution; or an institution under the control of the board 7 28 of regents to private businesses which have entered into an 7 29 agreement with the university for such services and which are 7 30 receiving assistance of limited duration under a state-funded 7 31 program directly related to the relationship between the 7 32 business and the institution, but only during the time the 7 33 business is qualified to receive such assistance. 7 34 2. Unauthorized use of the network through an authorized 7 35 user including remote dial-up internet access. 8 1 3. Use of the network, or any network services, to 8 2 transmit an unauthorized personal or private business 8 3 communication, except as specifically authorized in this 8 4 chapter, or an incidental personal or private business 8 5 communication by an authorized user from an authorized site. 8 6 Sec. 8. NEW SECTION. 8D.13C UTILITIES BOARD TO RESOLVE 8 7 DISPUTES. 8 8 A dispute which arises between the commission and any local 8 9 exchange carrier regarding the network, and which the 8 10 commission and such carrier are unable to resolve, shall be 8 11 submitted to the utilities board which shall resolve the 8 12 dispute. The resolution of the board shall be final agency 8 13 action. 8 14 The utilities board shall establish a procedure for 8 15 receiving and resolving such disputes. The board shall have 8 16 the authority to recover the costs associated with 8 17 implementing this section from the parties to the dispute. 8 18 Sec. 9. 8 19 1. Notwithstanding the provisions of this Act, an 8 20 authorized user providing dial-up internet access with the 8 21 approval of the commission on April 1, 1997, which would be 8 22 prohibited by this Act, shall be permitted by the commission 8 23 to continue to provide such access until no later than January 8 24 1, 1998. An authorized user providing dial-up internet access 8 25 pursuant to this section shall discontinue providing such 8 26 service on or before January 1, 1998. 8 27 2. Notwithstanding subsection 1, an authorized user 8 28 providing dial-up internet access with the approval of the 8 29 commission on April 1, 1997, which would be prohibited by this 8 30 Act, and which would be required to discontinue providing such 8 31 service on or before January 1, 1998, may continue to provide 8 32 such access after January 1, 1998, if nontoll internet service 8 33 is not available in the local exchange area in which the 8 34 authorized user is located. The authorized user shall 8 35 discontinue providing dial-up internet access within sixty 9 1 days of the availability of nontoll internet service in the 9 2 local exchange area. However, if the authorized user is a 9 3 public school, the public school is not required to 9 4 discontinue providing dial-up internet access until the school 9 5 board determines and certifies to the commission that the 9 6 newly available nontoll internet service meets the necessary 9 7 technical quality standards for the service as established by 9 8 the school board in consultation with the commission. 9 9 3. A nonprofit institution of higher education or an 9 10 institution under the control of the board of regents may 9 11 petition the commission for an extension of the authorization 9 12 to utilize dial-up access for Iowa communications network 9 13 services. The commission shall provide a copy of the petition 9 14 to the telecommunications advisory committee. The committee 9 15 may advise the commission regarding telecommunications matters 9 16 related to the petition. The commission may grant the 9 17 petition if the commission determines that technology is not 9 18 available to prohibit such dial-up access. The commission and 9 19 the institution petitioning for continued authorization under 9 20 this subsection shall devise a plan to assist the institution 9 21 in obtaining alternate access services in lieu of the dial-up 9 22 access to the Iowa communications network. 9 23 Sec. 10. EFFECTIVE DATE. This Act, being deemed of 9 24 immediate importance, is effective upon enactment. 9 25 9 26 9 27 9 28 MARY E. KRAMER 9 29 President of the Senate 9 30 9 31 9 32 9 33 RON J. CORBETT 9 34 Speaker of the House 9 35 10 1 I hereby certify that this bill originated in the Senate and 10 2 is known as Senate File 519, Seventy-seventh General Assembly. 10 3 10 4 10 5 10 6 MARY PAT GUNDERSON 10 7 Secretary of the Senate 10 8 Approved , 1997 10 9 10 10 10 11 10 12 TERRY E. BRANSTAD 10 13 Governor
Text: SF00518 Text: SF00520 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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