House File 551 - Introduced HOUSE FILE BY FORD Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the operation of the Iowa communications 2 network by providing for expansion of the network to 3 facilitate statewide wireless network access, eliminating a 4 provision relating to the lease of specified network 5 components, and making appropriations. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 2548YH 83 8 rn/nh/14 PAG LIN 1 1 Section 1. Section 8D.13, subsection 5, Code 2009, is 1 2 amended by striking the subsection. 1 3 Sec. 2. NEW SECTION. 8D.15 STATEWIDE WIRELESS NETWORK 1 4 ACCESS == APPROPRIATION. 1 5 1. a. For the fiscal period beginning July 1, 2009, and 1 6 ending June 30, 2013, notwithstanding section 8.57, subsection 1 7 6, there is appropriated each fiscal year from the rebuild 1 8 Iowa infrastructure fund created in section 8.57 to the 1 9 commission the sum of twenty=five million dollars. 1 10 b. Notwithstanding section 8.33, moneys appropriated in 1 11 this subsection that remain unencumbered or unobligated at the 1 12 close of the fiscal year for which they were appropriated 1 13 shall not revert but shall remain available for expenditure 1 14 for the purposes designated until the earlier of the fiscal 1 15 year beginning July 1, 2016, or completion of the project. 1 16 2. The moneys appropriated in subsection 1 shall be used 1 17 by the commission to promote the availability of wireless 1 18 broadband access to all areas of the state with a goal of 1 19 achieving ninety=nine and ninety=five=hundredths percent 1 20 accessibility by no later than the end of calendar year 2014. 1 21 The commission shall utilize the moneys appropriated to 1 22 encourage participation and investment by the private sector 1 23 either through the establishment of public=private 1 24 partnerships or the establishment of incentives designed to 1 25 attract private sector investment for the purpose of providing 1 26 wireless broadband access. The commission's efforts may 1 27 include the use of the state's own fiberoptic cable 1 28 facilities. 1 29 3. Of the moneys appropriated in subsection 1 for the 1 30 fiscal year beginning July 1, 2009, and ending June 30, 2010, 1 31 the commission may use no more than three million dollars for 1 32 the purpose of entering into agreements pursuant to section 1 33 8D.13 for the purchase of existing leased Part III connections 1 34 and any other existing dark fiber. For purposes of this 1 35 section, "dark fiber" means strands of glass or plastic 2 1 designed to guide light along their length by total internal 2 2 reflection, but which are not lit with optical equipment or 2 3 are lit solely for use by a specific user as of May 1, 2009. 2 4 Dark fiber may be colocated such that the use of the cable and 2 5 its sheathing is for a specific entity, or such that multiple 2 6 entities may share a common cable sheath but not cause 2 7 interference among those entities. 2 8 EXPLANATION 2 9 This bill appropriates a total of $100 million from the 2 10 rebuild Iowa infrastructure fund to the Iowa 2 11 telecommunications and technology commission to achieve the 2 12 goal of 99.95 percent accessibility in all areas of the state 2 13 to wireless broadband access. Twenty=five million dollars is 2 14 appropriated for each fiscal year in the fiscal period 2 15 beginning July 1, 2009, and ending June 30, 2013, and the 2 16 moneys shall not revert to the general fund until the earlier 2 17 of July 1, 2016, or completion of the project. The bill 2 18 provides that the commission shall utilize the moneys to 2 19 encourage participation and investment by the private sector 2 20 either through the establishment of public=private 2 21 partnerships or the establishment of incentives designed to 2 22 attract private sector investment for the purpose of providing 2 23 wireless broadband access, and that these efforts may include 2 24 the use of the state's own fiberoptic cable facilities. 2 25 The bill specifies that out of the moneys appropriated for 2 26 the fiscal year, beginning July 1, 2009, and ending June 30, 2 27 2010, the commission may use no more than $3 million for the 2 28 purpose of entering into agreements pursuant to Code section 2 29 8D.13 for the purchase of existing leased Part III connections 2 30 and any other existing dark fiber, as defined in the bill. 2 31 Additionally, the bill strikes Code section 8D.13, 2 32 subsection 5, which requires the lease by the state of all 2 33 fiberoptic cable facilities or facilities with DS=3 capacity 2 34 for Part III connections for which state funding is provided. 2 35 LSB 2548YH 83 3 1 rn/nh/14