Text: HF02439 Text: HF02441 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 8D.1, Code 2001, is amended to read as 1 2 follows: 1 3 8D.1 PURPOSE. 1 4 It is the intent of the general assembly that fiber optic 1 5 communicationsof state governmentwithin this state be co- 1 6 ordinated and expanded to effect maximum practical 1 7 consolidation,andjoint use of communications services, and 1 8 enhanced economic development efforts. Operation of the Iowa 1 9 communications network as a public utility readily available 1 10 to the citizens of this state shall maximize the educational 1 11 and economic potential of this state's citizens and position 1 12 Iowa on the cutting edge of technological development. 1 13 Sec. 2. Section 8D.2, subsection 3, Code Supplement 2001, 1 14 is amended to read as follows: 1 15 3. "Network" means the Iowaor statecommunications 1 16 network. 1 17 Sec. 3. Section 8D.2, Code Supplement 2001, is amended by 1 18 adding the following new subsections: 1 19 NEW SUBSECTION. 4A. "Private authorized user" means any 1 20 agency, business, or member of the general public not falling 1 21 within the definition of a private agency or public authorized 1 22 user contained in subsection 4 or 5. 1 23 NEW SUBSECTION. 5A. "Public utility" means a public or 1 24 private entity which furnishes an extensive range of two-way 1 25 communications services to the general public for 1 26 compensation. 1 27 Sec. 4. Section 8D.2, subsection 6, Code Supplement 2001, 1 28 is amended to read as follows: 1 29 6. "StateNetwork communications" refers to the 1 30 transmission of voice, data, video, the written word or other 1 31 visual signals by electronic means but does not include radio 1 32 and television facilities and other educational 1 33 telecommunications systems and services including narrowcast 1 34 and broadcast systems under the public broadcasting division 1 35 of the department of education, department of transportation 2 1 distributed data processing and mobile radio network, or law 2 2 enforcement communications systems. 2 3 Sec. 5. Section 8D.3, subsection 1, unnumbered paragraph 2 4 2, Code 2001, is amended to read as follows: 2 5 The commission shall ensure that the network operates in an 2 6 efficient and responsible manner consistent with the 2 7 provisions of this chapter for the purpose of providing the 2 8 best economic service attainable to the network users 2 9 consistent with thestate'snetwork's financial capacity. The 2 10 commission shall ensure that educational users and the use, 2 11 design, and implementation for educational applications be 2 12 given the highest priority concerning use of the network. The 2 13 commission shall provide for the centralized, coordinated use 2 14 and control of the network. 2 15 Sec. 6. Section 8D.3, subsection 3, paragraphs a, i, and 2 16 k, Code 2001, are amended to read as follows: 2 17 a. Enter into agreements pursuant to chapter 28E as 2 18 necessary and appropriate for the purposes of the commission. 2 19However, the commission shall not enter into an agreement with2 20an unauthorized user or any other person pursuant to chapter2 2128E for the purpose of providing such user or person access to2 22the network.2 23 i. Evaluate existing and projected rates for use of the 2 24 system and ensure that rates are sufficient to pay for the 2 25 operation of the system excluding the cost of construction and 2 26 lease costs for Parts I, II, and III. The commission shall 2 27 establish all hourly rates to be charged to all authorized 2 28 users for the use of the network. A fee established by the 2 29 commission to be charged to a hospital licensed pursuant to 2 30 chapter 135B, a physician clinic,orthe federal government, 2 31 or a private authorized user shall be at an appropriate rate 2 32 so that, at a minimum, there is no state subsidy related to 2 33 the costs of the connection or use of the network related to 2 34 such user. 2 35 k. Provide necessary telecommunications cabling to provide 3 1statenetwork communications. 3 2 Sec. 7. Section 8D.11, Code Supplement 2001, is amended to 3 3 read as follows: 3 4 8D.11 POWERS FACILITIES LEASES. 3 5 1. The commission may purchase, lease, and improve 3 6 property, equipment, and services for telecommunicationsfor3 7public and private agenciesand may dispose of property and 3 8 equipment when not necessary for its purposes. However, the 3 9 commission shall not enter into a contract for the purchase, 3 10 lease, or improvement of property, equipment, or services for 3 11 telecommunications pursuant to this subsection in an amount 3 12 greater than one million dollars without prior authorization 3 13 by a constitutional majority of each house of the general 3 14 assembly, or approval by the legislative council if the 3 15 general assembly is not in session. The commission shall not 3 16 issue any bonding or other long-term financing arrangements as 3 17 defined in section 12.30, subsection 1, paragraph "b". Real 3 18 or personal property to be purchased by the commission through 3 19 the use of a financing agreement shall be done in accordance 3 20 with the provisions of section 12.28, provided, however, that 3 21 the commission shall not purchase property, equipment, or 3 22 services for telecommunications pursuant to this subsection in 3 23 an amount greater than one million dollars without prior 3 24 authorization by a constitutional majority of each house of 3 25 the general assembly, or approval by the legislative council 3 26 if the general assembly is not in session. 3 27 2.The commission also shall not provide or resell3 28communications services to entities other than public and3 29private agencies. The public or private agencyAn authorized 3 30 user shall not provide communication services of the network 3 31 to another individual or entity unlessotherwise authorized3 32pursuant to this chapterthe authorized user has applied for 3 33 and been granted permission to do so by the commission. The 3 34 commission may arrange for joint use of available services and 3 35 facilities, and may enter into leases and agreements with 4 1private and public agenciesauthorized users with respect to 4 2 the Iowa communications network, and public agencies are 4 3 authorized to enter into leases and agreements with respect to 4 4 the network for their use and operation. Rentals and other 4 5 amounts due under the agreements or leases entered into 4 6 pursuant to this section by a state agency are payable from 4 7 funds annually appropriated by the general assembly or from 4 8 other funds legally available. Other public agencies may pay 4 9 the rental costs and other amounts due under an agreement or 4 10 lease from their annual budgeted funds or other funds legally 4 11 available or to become available. 4 12 3. This section comprises a complete and independent 4 13 authorization and procedure for a public agency, with the 4 14 approval of the commission, to enter into a lease or agreement 4 15 and this section is not a qualification of any other powers 4 16 which a public agency may possess and the authorizations and 4 17 powers granted under this section are not subject to the 4 18 terms, requirements, or limitations of any other provisions of 4 19 law, except that the commission must comply with the 4 20 provisions of section 12.28 when entering into financing 4 21 agreements for the purchase of real or personal property. All 4 22 moneys received by the commission from agreements and leases 4 23 entered into pursuant to this section withprivate and public4 24agenciesauthorized users shall be deposited in the Iowa 4 25 communications network fund. 4 26 4.A political subdivision receiving communications4 27services from the state as of April 1, 1986, may continue to4 28do so but communications services shall not be provided or4 29resold to additional political subdivisions other than a4 30school corporation, a city library, a library service area as4 31provided in chapter 256, and a county library as provided in4 32chapter 336.The rates charged tothepoliticalsubdivision4 33 subdivisions shall be the same as the rates charged to state 4 34 agencies. 4 35 Sec. 8. Section 8D.13, subsection 1, Code Supplement 2001, 5 1 is amended to read as follows: 5 2 1. Moneys in the Iowa communications network fund are 5 3 appropriated to the Iowa telecommunications and technology 5 4 commission for purposes of providing financing for the 5 5 procurement, operation, and maintenance of the Iowa 5 6 communications network with sufficient capacity to serve the 5 7 video, data, and voice requirements of theeducational5 8 telecommunications system consisting of Part I, Part II, and 5 9 Part III, and other public and private agencies and entities. 5 10 Sec. 9. Section 8D.13, subsection 11, Code Supplement 5 11 2001, is amended to read as follows: 5 12 11. The fees charged for use of the network andstate5 13 network communications shall be based on the ongoing 5 14 operational costs of the network and of providingstate5 15 network communications only. For the services rendered to 5 16state agenciesauthorized users by the commission, the 5 17 commission shall prepare a statement of services rendered and 5 18 theagenciesauthorized users shall pay in a manner consistent 5 19 with procedures established by the department of revenue and 5 20 finance. 5 21 Sec. 10. Section 8D.13, Code Supplement 2001, is amended 5 22 by adding the following new subsection: 5 23 NEW SUBSECTION. 20. Access to the network shall be 5 24 offered to private authorized users defined in section 8D.2, 5 25 subsection 4A, who have applied to and been approved by the 5 26 commission for authorized user status. A private authorized 5 27 user shall be responsible for all costs associated with 5 28 becoming a part of the network. Application forms, approval 5 29 criteria, and user fees shall be established by the 5 30 commission. The commission shall additionally establish 5 31 criteria determining which individuals or entities shall not 5 32 be eligible to apply for authorized user status, and 5 33 circumstances upon which a previously authorized user shall 5 34 lose authorized user status. 5 35 Sec. 11. Section 23A.2, subsection 10, Code Supplement 6 1 2001, is amended by adding the following new paragraph: 6 2 NEW PARAGRAPH. p. The operation of the Iowa 6 3 communications network pursuant to chapter 8D. 6 4 EXPLANATION 6 5 This bill provides for the operation of the Iowa 6 6 communications network (ICN) as a public utility with an 6 7 authorized user base expanded to include the general public. 6 8 The bill provides that the ICN may be accessed by private 6 9 authorized users. The bill defines a "private authorized 6 10 user" as any agency, business, or member of the general public 6 11 not falling within the definitions of public and private 6 12 agencies contained in Code section 8D.2, subsections 4 and 5. 6 13 The bill defines a "public utility" as a public or private 6 14 entity which furnishes an extensive range of two-way 6 15 communications services to the general public for 6 16 compensation. 6 17 The bill provides for changes to Code chapter 8D consistent 6 18 with the expanded scope of the ICN. The bill substitutes 6 19 "network" for "state" where appropriate in describing the 6 20 operation of the ICN, and adds private authorized users to 6 21 provisions previously applicable to public and private agency 6 22 authorization. 6 23 The bill provides that access to the network shall be 6 24 offered to private authorized users who have applied to and 6 25 been approved by the Iowa telecommunications and technology 6 26 commission for authorized user status. The bill provides that 6 27 a private authorized user shall be responsible for all costs 6 28 associated with becoming a part of the network, and that 6 29 application forms, approval and disapproval criteria, and user 6 30 fees shall be established by the commission. 6 31 The bill adds the operation of the Iowa communications 6 32 network to the list of exceptions contained in Code chapter 6 33 23A regarding noncompetition of state agencies with private 6 34 enterprise. 6 35 LSB 5957YH 79 7 1 rn/pj/5
Text: HF02439 Text: HF02441 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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