House File 288
HOUSE FILE
BY QUIRK
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing internet access through the Iowa communications
2 network for rural communities meeting specified criteria.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2770HH 80
5 rn/cl/14
PAG LIN
1 1 Section 1. Section 8D.2, subsection 5, paragraph a, Code
1 2 2003, is amended to read as follows:
1 3 a. "Public agency" means a state agency, an institution
1 4 under the control of the board of regents, the judicial branch
1 5 as provided in section 8D.13, subsection 17, a school
1 6 corporation, a city library, a library service area as
1 7 provided in chapter 256, a county library as provided in
1 8 chapter 336, or a judicial district department of correctional
1 9 services established in section 905.2, to the extent provided
1 10 in section 8D.13, subsection 15, an agency of the federal
1 11 government, or a United States post office which receives a
1 12 federal grant for pilot and demonstration projects, or a
1 13 community participating in the rural communities internet
1 14 access program pursuant to section 15.372.
1 15 Sec. 2. Section 8D.3, subsection 3, paragraph i, Code
1 16 2003, is amended to read as follows:
1 17 i. Evaluate existing and projected rates for use of the
1 18 system and ensure that rates are sufficient to pay for the
1 19 operation of the system excluding the cost of construction and
1 20 lease costs for Parts I, II, and III. The commission shall
1 21 establish all hourly rates to be charged to all authorized
1 22 users for the use of the network. A fee established by the
1 23 commission to be charged to a hospital licensed pursuant to
1 24 chapter 135B, a physician clinic, or the federal government,
1 25 or a community participating in the rural communities internet
1 26 access program pursuant to section 15.372 shall be at an
1 27 appropriate rate so that, at a minimum, there is no state
1 28 subsidy related to the costs of the connection or use of the
1 29 network related to such user.
1 30 Sec. 3. Section 8D.11, subsection 4, Code 2003, is amended
1 31 to read as follows:
1 32 4. A political subdivision receiving communications
1 33 services from the state as of April 1, 1986, may continue to
1 34 do so but communications services shall not be provided or
1 35 resold to additional political subdivisions other than a
2 1 school corporation, a city library, a library service area as
2 2 provided in chapter 256, and a county library as provided in
2 3 chapter 336, or a community participating in the rural
2 4 communities internet access program pursuant to section
2 5 15.372. The rates charged to the political subdivision shall
2 6 be the same as the rates charged to state agencies.
2 7 Sec. 4. Section 8D.13, subsection 2, paragraph c, Code
2 8 2003, is amended to read as follows:
2 9 c. "Part III" means the communications connection between
2 10 the secondary switching centers and the agencies defined in
2 11 section 8D.2, subsections 4 and 5, excluding state agencies,
2 12 institutions under the control of the board of regents,
2 13 nonprofit institutions of higher education eligible for
2 14 tuition grants, and the judicial branch, judicial district
2 15 departments of correctional services, hospitals and physician
2 16 clinics, agencies of the federal government, and post offices,
2 17 and communities participating in the rural communities
2 18 internet access program pursuant to section 15.372.
2 19 Sec. 5. Section 8D.13, Code 2003, is amended by adding the
2 20 following new subsection:
2 21 NEW SUBSECTION. 20. Access shall be offered to qualifying
2 22 communities pursuant to the rural communities internet access
2 23 program established in section 15.372. A community
2 24 participating in the program shall be responsible for all
2 25 costs associated with becoming a part of the network.
2 26 Sec. 6. NEW SECTION. 15.371 SHORT TITLE.
2 27 This part shall be known and may be cited as the "Rural
2 28 Communities Internet Access Program".
2 29 Sec. 7. NEW SECTION. 15.372 RURAL COMMUNITIES INTERNET
2 30 ACCESS PROGRAM.
2 31 1. The department shall establish a program to provide
2 32 internet access to the Iowa communications network for
2 33 businesses in communities lacking affordable, high=speed
2 34 broadband internet access. For purposes of this section,
2 35 "community" means a city, unincorporated area, or township.
3 1 To participate in the program, a community shall:
3 2 a. Have a population of twenty thousand or fewer
3 3 individuals.
3 4 b. Possess less than a T2 capability. For purposes of
3 5 this section, "T2" means a telecommunications transmission
3 6 system operating at a bandwidth capacity of three and one=
3 7 hundred=fifty=two thousandths megabits per second.
3 8 c. Agree to utilize the Iowa communications network for
3 9 internet access strictly by community businesses for economic
3 10 development purposes.
3 11 2. A community meeting the requirements of subsection 1
3 12 may submit an application to the board. Each application
3 13 shall include an assessment of the length of time anticipated
3 14 before the community will have high=speed broadband internet
3 15 access, efforts by the community to acquire such access, and a
3 16 plan specifying the economic development activities for which
3 17 community businesses envision utilizing the Iowa
3 18 communications network for internet access. If granted, an
3 19 application shall provide for nonsubsidized access to the Iowa
3 20 communications network until such time as it is determined by
3 21 the board that the community either possesses or is capable of
3 22 acquiring high=speed broadband internet access. Each
3 23 community participating in the program shall annually submit
3 24 to the board a report detailing progress made regarding the
3 25 economic development activities specified in the plan
3 26 originally submitted with the community's application, and an
3 27 updated assessment of the length of time anticipated before
3 28 the community will have high=speed broadband internet access
3 29 and efforts by the community to acquire such access.
3 30 3. The department shall adopt rules pursuant to section
3 31 17A to administer this section.
3 32 EXPLANATION
3 33 This bill provides for the establishment of a rural
3 34 community internet access program for businesses in
3 35 communities lacking affordable, high=speed broadband internet
4 1 access. The bill provides that to participate in the program,
4 2 a community, defined as a city, unincorporated area, or
4 3 township, shall have a population of 20,000 or fewer
4 4 individuals, possess less than a T2 capability, and agree to
4 5 utilize the Iowa communications network for internet access
4 6 strictly for economic development activities by community
4 7 businesses. The bill defines "T2" as a telecommunications
4 8 transmission system operating at a bandwidth capacity of 3.152
4 9 megabits per second. The bill provides that to participate in
4 10 the program, a community shall submit an application to the
4 11 Iowa economic development board. The bill provides that an
4 12 application shall include an assessment of the length of time
4 13 anticipated before the community will have high=speed
4 14 broadband internet access, efforts by the community to acquire
4 15 such access, and a plan specifying the economic development
4 16 activities for which community businesses envision utilizing
4 17 the Iowa communications network for internet access. The bill
4 18 also provides that if granted, an application shall provide
4 19 for nonsubsidized access to the Iowa communications network
4 20 until it is determined by the board that the community either
4 21 possesses or is capable of acquiring high=speed broadband
4 22 internet access. The bill provides that a community
4 23 participating in the program shall annually submit to the
4 24 board a report detailing progress made regarding the economic
4 25 development activities accomplished and an updated time
4 26 estimate for acquiring high=speed broadband internet access.
4 27 The bill provides for conforming changes to Code chapter 8D
4 28 regarding access to the Iowa communications network on a
4 29 nonsubsidized basis by a community participating in the
4 30 program.
4 31 LSB 2770HH 80
4 32 rn/cl/14