Text: SF00391 Text: SF00393 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 392 1 2 1 3 AN ACT 1 4 RELATING TO TELECOMMUNICATIONS SYSTEMS OR SERVICES WHICH MAY 1 5 BE PROVIDED BY A CITY UTILITY, ESTABLISHING CERTAIN 1 6 REQUIREMENTS ON SUCH CITY, AND INCLUDING EFFECTIVE DATE 1 7 AND RETROACTIVE APPLICABILITY PROVISIONS. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. LEGISLATIVE INTENT. It is the intent of the 1 12 general assembly to specifically provide that cities of Iowa 1 13 which create city utilities in the manner provided by law are 1 14 authorized to provide on a competitively neutral basis with 1 15 existing local exchange carriers separate or combined cable 1 16 communications or television, telephone, telecommunications 1 17 systems or services, including wireless systems or services, 1 18 through the ownership of systems or offering of the services. 1 19 Sec. 2. Section 362.2, subsection 6, Code 1999, is amended 1 20 to read as follows: 1 21 6. "City utility" means all or part of a waterworks, 1 22 gasworks, sanitary sewage system, storm water drainage system, 1 23 electric light and power plant and system, heating plant, 1 24 cable communication or television system, telephone or 1 25 telecommunications systems or services offered separately or 1 26 combined with any system or service specified in this 1 27 subsection or authorized by other law, any of which are owned 1 28 by a city, including all land, easements, rights of way, 1 29 fixtures, equipment, accessories, improvements, appurtenances, 1 30 and other property necessary or useful for the operation of 1 31 the utility. 1 32 Sec. 3. NEW SECTION. 388.9 COMPETITIVE INFORMATION. 1 33 1. Notwithstanding section 21.5, subsection 1, the 1 34 governing body of a city utility or combined utility system, 1 35 or a city enterprise or combined city enterprise as defined in 2 1 section 384.80, by a vote of two-thirds of the members of the 2 2 body or all of the members present at the meeting, may hold a 2 3 closed session to discuss marketing and pricing strategies or 2 4 proprietary information if its competitive position would be 2 5 harmed by public disclosure not required of potential or 2 6 actual competitors, and if no public purpose would be served 2 7 by such disclosure. The minutes and a tape recording of a 2 8 session closed under this subsection shall be available for 2 9 public examination at that point in time when the public 2 10 disclosure would no longer harm the utility's competitive 2 11 position. 2 12 2. Notwithstanding section 22.2, subsection 1, public 2 13 records of a city utility or combined utility system, or a 2 14 city enterprise or combined city enterprise as defined in 2 15 section 384.80, which shall not be examined or copied as of 2 16 right, include proprietary information, records of customer 2 17 names and accounts, records associated with marketing or 2 18 pricing strategies, preliminary working papers, spreadsheet 2 19 scenarios, and cost data, if the competitive position of the 2 20 city utility, combined utility system, city enterprise, or 2 21 combined city enterprise would be harmed by public disclosure 2 22 not required of a potential or actual competitor, and if no 2 23 public purpose would be served by such disclosure. A public 2 24 record not subject to examination or copying under this 2 25 subsection shall be available for public examination and 2 26 copying at that point in time when public disclosure would no 2 27 longer harm the competitive position of the city utility, 2 28 combined utility system, city enterprise, or combined city 2 29 enterprise. 2 30 Sec. 4. NEW SECTION. 388.10 MUNICIPAL UTILITY PROVIDING 2 31 LOCAL EXCHANGE SERVICES. 2 32 1. a. A city that owns or operates a municipal utility 2 33 providing local exchange services pursuant to chapter 476 or 2 34 the municipal utility shall not do, directly or indirectly, 2 35 any of the following: 3 1 (1) Use general fund moneys for the ongoing support or 3 2 subsidy of a telecommunications system. 3 3 (2) Provide any city facilities, equipment, or services to 3 4 provide telecommunications systems or services at a cost for 3 5 such facilities, equipment, or services which is less than the 3 6 reasonable cost of providing such city facilities, equipment, 3 7 or services. 3 8 (3) Provide any other city service, other than a 3 9 communications service, to a telecommunications customer at a 3 10 cost which is less than would be paid by the same person 3 11 receiving such other city service if the person was not a 3 12 telecommunications customer. 3 13 (4) Use funds or revenue generated from electric, gas, 3 14 water, sewage, or garbage services provided by the city for 3 15 the ongoing support of that portion of a system or service 3 16 used to provide local exchange services. 3 17 b. For purposes of this section, "telecommunications 3 18 system" means only that portion of a system or facilities 3 19 which is used to provide local exchange services. 3 20 2. A city that owns or operates a municipal utility 3 21 providing local exchange services pursuant to chapter 476 or 3 22 the municipal utility shall do the following: 3 23 a. Prepare and maintain records which record the full cost 3 24 accounting of providing local exchange service. The records 3 25 shall show the amount and source of capital for initial 3 26 construction or acquisition of the local exchange system or 3 27 facilities. This section shall not prohibit a municipal 3 28 utility from utilizing capital from any lawful source, 3 29 provided that the reasonable cost of such capital is accounted 3 30 for as a cost of providing the service. 3 31 b. Adopt rates for the provision of local exchange 3 32 services that reflect the actual cost of providing the local 3 33 exchange service. However, this paragraph shall not prohibit 3 34 the municipal utility from establishing market-based prices 3 35 for competitive local exchange services. 4 1 c. Be subject to all requirements of the city which would 4 2 apply to any other provider of local exchange services in the 4 3 same manner as such requirements would apply to such other 4 4 provider. 4 5 3. This section shall not prohibit the marketing or 4 6 bundling of other products or services, in addition to local 4 7 exchange services. However, a city shall include on a billing 4 8 statement sent to a person receiving services from the city, a 4 9 separate charge for each service provided to the person. This 4 10 subsection does not prohibit the city from also including on 4 11 the billing statement a total amount to be paid by the person. 4 12 Sec. 5. Section 427.1, subsection 2, Code 1999, is amended 4 13 to read as follows: 4 14 2. MUNICIPAL AND MILITARY PROPERTY. The property of a 4 15 county, township, city, school corporation, levee district, 4 16 drainage district or military company of the state of Iowa, 4 17 when devoted to public use and not held for pecuniary profit, 4 18 except property of a municipally owned electric utility held 4 19 under joint ownership and property of an electric power 4 20 facility financed under chapter 28F which shall be subject to 4 21 taxation under chapter 437A and facilities of a municipal 4 22 utility that are used for the provision of local exchange 4 23 services pursuant to chapter 476, but only to the extent such 4 24 facilities are used to provide such services, which shall be 4 25 subject to taxation under chapter 433, except that section 4 26 433.11 shall not apply. The exemption for property owned by a 4 27 city or county also applies to property which is operated by a 4 28 city or county as a library, art gallery or museum, 4 29 conservatory, botanical garden or display, observatory or 4 30 science museum, or as a location for holding athletic 4 31 contests, sports or entertainment events, expositions, 4 32 meetings or conventions, or leased from the city or county for 4 33 any such purposes. Food and beverages may be served at the 4 34 events or locations without affecting the exemptions, provided 4 35 the city has approved the serving of food and beverages on the 5 1 property if the property is owned by the city or the county 5 2 has approved the serving of food and beverages on the property 5 3 if the property is owned by the county. 5 4 Sec. 6. Section 433.12, Code 1999, is amended to read as 5 5 follows: 5 6 433.12 "COMPANY" DEFINED. 5 7 "Company" as used in this chapter means any person, 5 8 copartnership, association, corporation, or syndicate that 5 9 owns or operates, or is engaged in operating, any telegraph or 5 10 telephone line, whether formed or organized under the laws of 5 11 this state or elsewhere. "Company" includes a city that owns 5 12 or operates a municipal utility providing local exchange 5 13 services pursuant to chapter 476. 5 14 Sec. 7. Section 476.1B, subsection 3, Code 1999, is 5 15 amended to read as follows: 5 16 3. Unless otherwise specifically provided by statute, a 5 17 municipally owned utility providing local exchange services is 5 18 not subject to regulation by the board under this chapter 5 19 except for regulatory action pertaining to the enforcement of 5 20 sections 476.11, 476.29, 476.95, 476.96, 476.100, 476.101, and 5 21 476.102. 5 22 Sec. 8. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY. 5 23 This Act, being deemed of immediate importance, takes effect 5 24 upon enactment, and applies retroactively to July 1, 1993. 5 25 City elections held after June 30, 1993, for the purpose of 5 26 voting on the question of offering communications or 5 27 telecommunications systems or services offered separately or 5 28 combined with any system or service specified under section 5 29 362.2, subsection 6, are deemed to have been held in 5 30 accordance with this Act and are valid for the purpose of 5 31 offering such systems or services. Actions of the utilities 5 32 board taken in reliance on the results of the city elections 5 33 held as specified in this section are deemed to have been 5 34 taken in accordance with this Act and are valid. Financing 5 35 measures taken by a city prior to January 1, 1999, are not a 6 1 violation of this Act. 6 2 6 3 6 4 6 5 6 6 MARY E. KRAMER 6 7 President of the Senate 6 8 6 9 6 10 6 11 RON J. CORBETT 6 12 Speaker of the House 6 13 6 14 I hereby certify that this bill originated in the Senate and 6 15 is known as Senate File 392, Seventy-eighth General Assembly. 6 16 6 17 6 18 6 19 MICHAEL E. MARSHALL 6 20 Secretary of the Senate 6 21 Approved , 1999 6 22 6 23 6 24 6 25 THOMAS J. VILSACK 6 26 Governor
Text: SF00391 Text: SF00393 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Aug 29 13:35:04 CDT 2000
URL: /DOCS/GA/78GA/Legislation/SF/00300/SF00392/990413.html
jhf