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PAG LIN
1 1 Section 1. LEGISLATIVE INTENT. It is the intent of the
1 2 general assembly to specifically provide that cities of Iowa
1 3 which create city utilities in the manner provided by law are
1 4 authorized to provide separate or combined cable
1 5 communications or television, telephone, telecommunications
1 6 systems or services, including wireless systems or services,
1 7 through the ownership of systems or offering of the services.
1 8 Sec. 2. Section 362.2, subsection 6, Code 1999, is amended
1 9 to read as follows:
1 10 6. "City utility" means all or part of a waterworks,
1 11 gasworks, sanitary sewage system, storm water drainage system,
1 12 electric light and power plant and system, heating plant,
1 13 cable communication or television system, telecommunications
1 14 systems or services offered separately or combined with any
1 15 system or service specified in this subsection or authorized
1 16 by other law, any of which are owned by a city, including all
1 17 land, easements, rights of way, fixtures, equipment,
1 18 accessories, improvements, appurtenances, and other property
1 19 necessary or useful for the operation of the utility.
1 20 Sec. 3. Section 364.3, Code 1999, is amended by adding the
1 21 following new subsection:
1 22 NEW SUBSECTION. 7. A city providing telecommunications
1 23 systems or services to the public for compensation is subject
1 24 to all of the following:
1 25 a. Such systems or services must be provided to any person
1 26 on equal terms and conditions throughout the service territory
1 27 as defined by the Iowa utilities board.
1 28 b. A providing city is subject to all requirements which
1 29 would apply to a local exchange carrier in the same manner as
1 30 such requirements would apply to a local exchange carrier
1 31 providing such systems or services.
1 32 c. A providing city is subject to the provisions
1 33 applicable to a local exchange carrier in sections 476.100 and
1 34 476.101.
1 35 d. A providing city is prohibited from using public funds
2 1 for providing such systems or services.
2 2 e. A providing city shall not cross-subsidize such systems
2 3 or services with funds associated with or revenue generated
2 4 from other city services.
2 5 f. A providing city shall not provide any other city
2 6 facilities, equipment, or services in connection with such
2 7 telecommunications systems or services, at a cost which is
2 8 less than would be paid by the same person receiving such
2 9 facilities, equipment, or services and not receiving
2 10 telecommunications systems or services.
2 11 g. A providing city shall not provide telecommunications
2 12 systems or services in conjunction with any other city
2 13 facilities, equipment, or services at a cost for such
2 14 telecommunications systems or services which is less than
2 15 would be paid by the same person receiving such
2 16 telecommunications systems or services not in conjunction with
2 17 any other city facility, equipment, or service.
2 18 h. A providing city shall maintain separate records
2 19 relating to the revenue, expenses, property, and source of
2 20 investment capital associated with providing such systems or
2 21 services.
2 22 i. A providing city, notwithstanding any contrary
2 23 provision of the Code, shall remit, on its facilities used to
2 24 provide telecommunications systems and services, all taxes and
2 25 fees which would be applicable if the providing city were a
2 26 local exchange carrier using such facilities to provide such
2 27 systems or services.
2 28 Sec. 4. Section 476.29, subsection 13, Code 1999, is
2 29 amended to read as follows:
2 30 13. Notwithstanding other provisions of this section,
2 31 approval by the voters of a city pursuant to section 388.2 of
2 32 a proposal to establish or acquire a public utility providing
2 33 communications services is conclusive evidence of the fact
2 34 that the city has the technical, financial, and managerial
2 35 ability to provide such service. Following the notice and
3 1 opportunity for hearing in subsection 2, an applicant shall
3 2 not be denied a certificate if the board finds the proposed
3 3 service is consistent with the public interest and the
3 4 applicant has demonstrated its ability to comply with the
3 5 requirements of section 364.3, subsection 7.
3 6 Sec. 5. EFFECTIVE DATE AND RETROACTIVE APPLICABILITY.
3 7 This Act, being deemed of immediate importance, takes effect
3 8 upon enactment, and applies retroactively to July 1, 1993.
3 9 City elections held after June 30, 1993, for the purpose of
3 10 voting on the question of offering telecommunications systems
3 11 or services offered separately or combined with any system or
3 12 service specified under section 362.2, subsection 6, are
3 13 deemed to have been held in accordance with this Act and are
3 14 valid for the purpose of offering such systems or services.
3 15 Actions of the utilities board taken in reliance on the
3 16 results of the city elections held as specified in this
3 17 section are deemed to have been taken in accordance with this
3 18 Act and are valid.
3 19 EXPLANATION
3 20 This bill provides that a city utility includes
3 21 telecommunications systems or services offered separately or
3 22 combined with any system or service specified in Code section
3 23 362.2, subsection 6, or authorized by other law.
3 24 The bill provides that a city providing telecommunications
3 25 systems or services to the public for compensation must
3 26 provide such systems or services to any person on equal terms
3 27 and conditions throughout the service territory of the city as
3 28 defined by the Iowa utilities board; is subject to all
3 29 requirements which would apply to a local exchange carrier in
3 30 the same manner as such requirements would apply to a local
3 31 exchange carrier providing such systems or services; is
3 32 subject to the equal access provisions in Code sections
3 33 476.100 and 476.101; is prohibited from using public funds for
3 34 providing such systems or services; shall not cross-subsidize
3 35 such systems or services with revenue generated from other
4 1 city services; shall not provide any other city facilities,
4 2 equipment, or services in connection with such
4 3 telecommunications systems or services, at a cost which is
4 4 less than that paid by another person who receives such
4 5 facilities, equipment, or services, but who does not receive
4 6 telecommunications systems or services from the providing
4 7 city; shall not provide telecommunications systems or services
4 8 in conjunction with any other city facilities, equipment, or
4 9 services at a cost for such telecommunications systems or
4 10 services which is less than would be paid by the same person
4 11 receiving such telecommunications systems or services not in
4 12 conjunction with any other city facility, equipment, or
4 13 service; shall maintain separate records relating to the
4 14 revenue, expenses, property, and source of investment capital
4 15 associated with providing such systems or services; and must
4 16 remit, on its facilities used to provide telecommunications
4 17 systems and services, all taxes and fees which would be
4 18 applicable if the providing city were a local exchange carrier
4 19 using such facilities to provide such systems or services.
4 20 The bill is effective upon enactment and applies
4 21 retroactively to July 1, 1993. Certain city elections and
4 22 utility board actions are deemed to be valid.
4 23 LSB 1175SC 78
4 24 mj/jw/5.2
Text: SSB01070 Text: SSB01072 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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