House Amendment 8293
PAG LIN
1 1 Amend House File 2536 as follows:
1 2 #1. By striking everything after the enacting
1 3 clause and inserting the following:
1 4 <Section 1. IOWA COMMUNICATIONS NETWORK == INTERIM
1 5 STUDY.
1 6 1. The legislative council shall establish an
1 7 interim study committee to evaluate a sale of the Iowa
1 8 communications network, or a portion of the network's
1 9 assets. The study shall include a review of legal and
1 10 practical issues that may affect whether the sale of
1 11 the network, or a portion of the network's assets,
1 12 should be approved or rejected, or that may affect the
1 13 terms under which a sale or partial sale should be
1 14 completed. Issues to be included in the study shall
1 15 include all of the following:
1 16 a. The impact of a sale or partial sale of the
1 17 network on existing authorized users.
1 18 b. The impact of a sale or partial sale of the
1 19 network on existing telecommunications providers, and
1 20 on the development of the competitive local exchange
1 21 market.
1 22 c. The impact of a sale or partial sale of the
1 23 network to a single provider on the state's continued
1 24 use of the bandwidth at an affordable price.
1 25 d. The effect of a sale or partial sale of the
1 26 network on Part III leases.
1 27 e. The protection of state interests including the
1 28 assurance of affordable access to the network for
1 29 public entities.
1 30 f. The necessity of compliance with applicable
1 31 state laws.
1 32 g. Issues relating to the use of public rights=of=
1 33 way by potential buyers of the network, or a portion
1 34 of the network.
1 35 h. The impact of a sale or partial sale of the
1 36 network on Iowa businesses and citizens.
1 37 i. Providing for a long=term lease of sufficient
1 38 capacity to meet the needs of existing and future
1 39 educational users of the network identified in chapter
1 40 8D.
1 41 j. A review of whether a sale or partial sale of
1 42 the network should be completed pursuant to a request
1 43 for proposals or by some other manner of sale.
1 44 k. A review of the impact of federal
1 45 communications commission policy pertaining to common
1 46 carriage status of the network and the potential loss
1 47 of universal service funds for kindergarten through
1 48 grade twelve schools based on a sale or partial sale
1 49 of the network, and recommendations on the manner in
1 50 which the network should be sold to avoid an adverse
2 1 impact on the state, educational users, and the
2 2 network.
2 3 l. The anticipated future requirements of the
2 4 state for use of the network to address the state's
2 5 technological needs.
2 6 m. A review of the cost implications to the state
2 7 if federal funds are lost due to a sale, or partial
2 8 sale, of the network.
2 9 n. Consideration of sales criteria including,
2 10 among others, whether the network, or a portion of the
2 11 network, should be sold to a single purchaser,
2 12 multiple purchasers, or to a consortium of purchasers;
2 13 and whether or not to establish a minimum sale price.
2 14 o. A review of the necessity for continuation of
2 15 the Iowa telecommunications and technology commission
2 16 and the Iowa communications network operations center
2 17 in the event that the network, or a portion of the
2 18 network, is sold.
2 19 p. A review, in consultation with the utilities
2 20 division of the department of commerce, of the legal
2 21 and practical issues involved in, and the merits of, a
2 22 possible conversion of the network into a public
2 23 utility.
2 24 q. A review of the existing agreements between the
2 25 state, the network, the federal emergency management
2 26 administration, and the department of defense, and the
2 27 impact of a sale or partial sale of the network on its
2 28 use during times of emergency or national disaster.
2 29 r. Other relevant issues as identified by
2 30 committee members.
2 31 2. The committee shall consult with other state
2 32 agencies, appropriate federal agencies, and private
2 33 associations and vendors in completing its evaluation
2 34 of a sale or partial sale of the network.
2 35 3. The interim committee shall be composed of ten
2 36 voting members, representing both political parties
2 37 and both houses of the general assembly. Five members
2 38 shall be members of the senate, three of whom shall be
2 39 appointed by the majority leader of the senate and two
2 40 of whom shall be appointed by the minority leader of
2 41 the senate. Five members shall be members of the
2 42 house of representatives, appointed by the speaker of
2 43 the house, three of whom shall be of the majority
2 44 party and two of whom shall be of the minority party.
2 45 Nonvoting members shall be appointed by the
2 46 legislative council, in consultation with the
2 47 governor, and shall include, but not be limited to,
2 48 individuals representing the Iowa telecommunications
2 49 and technology commission, an independent telephone
2 50 company, a rate=regulated telephone company, the Iowa
3 1 national guard, private industry, the state board of
3 2 regents universities, the kindergarten through grade
3 3 twelve public education system, community colleges,
3 4 private colleges, the Iowa utilities board, the Iowa
3 5 department of corrections, the emergency management
3 6 division of the Iowa department of public defense, and
3 7 a representative from the medical field.
3 8 4. The committee shall complete its evaluation and
3 9 submit a written report of its recommendations to the
3 10 members of the general assembly by December 1, 2004.>
3 11 #2. Title page, by striking lines 1 through 3 and
3 12 inserting the following: <An Act relating to the
3 13 establishment of a committee to conduct an evaluation
3 14 of the issues relating to the sale, or partial sale,
3 15 of the Iowa communications network.>
3 16
3 17
3 18
3 19 HORBACH of Tama
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3 21
3 22
3 23 SANDS of Louisa
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3 27 QUIRK of Chickasaw
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3 29
3 30
3 31 PETERSEN of Polk
3 32 HF 2536.703 80
3 33 rn/gg
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