House File 796 - Introduced



                                   HOUSE FILE       
                                   BY  COMMITTEE ON STATE GOVERNMENT

                                   (SUCCESSOR TO HSB 13)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the provision of services over certain Iowa
  2    communications network connection facilities under specified
  3    circumstances.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1296HV 83
  6 rn/nh/8

PAG LIN



  1  1    Section 1.  Section 8D.13, subsection 5, Code 2009, is
  1  2 amended to read as follows:
  1  3    5.  a.  The state shall lease all fiberoptic cable
  1  4 facilities or facilities with DS=3 sufficient capacity, as
  1  5 determined by the commission, for Part III connections for
  1  6 which state funding is provided.  The state shall lease all
  1  7 fiberoptic cable facilities or facilities with DS=3 or DS=1
  1  8 sufficient capacity, as determined by the commission, for the
  1  9 judicial branch, judicial district department of correctional
  1 10 services, and state agency connections for which state funding
  1 11 is provided.  In determining the capacity to be provided, the
  1 12 commission shall consult with the judicial branch, judicial
  1 13 district department of correctional services, and state
  1 14 agencies associated with connections for which state funding
  1 15 is provided.  Such facilities shall be leased from qualified
  1 16 providers.  The state shall not own such facilities, except
  1 17 for those facilities owned by the state as of January 1, 1994.
  1 18    b.  The lease provisions of this subsection do not apply to
  1 19 a school district which elects to provide one hundred percent
  1 20 of the financing for the district's connection.
  1 21    c.  Notwithstanding any provision to the contrary, the
  1 22 state shall not provide funding for capacity in excess of
  1 23 forty=five mega bits per second with respect to those Part III
  1 24 connections for which state funding is provided.  This
  1 25 subsection shall not preclude an authorized Part III user from
  1 26 requesting additional capacity so long as the authorized Part
  1 27 III user provides one hundred percent of the funding necessary
  1 28 to provide the additional capacity.
  1 29                           EXPLANATION
  1 30    This bill relates to the provision of services over leased
  1 31 Iowa communications network connection facilities.  Currently,
  1 32 the state is required to lease all fiberoptic cable facilities
  1 33 or facilities with DS=3 capacity for Part III connections for
  1 34 which state funding is provided.  The state is also required
  1 35 to lease all fiberoptic cable facilities or facilities with
  2  1 DS=3 or DS=1 capacity for the judicial branch, the judicial
  2  2 district department of correctional services, and state agency
  2  3 connections, for which state funding is provided.
  2  4    The bill deletes references to DS=3 or DS=1 capacity,
  2  5 providing instead that the state shall lease fiberoptic cable
  2  6 facilities or facilities with "sufficient" capacity, as
  2  7 determined by the Iowa telecommunications and technology
  2  8 commission.  In making this determination, the bill provides
  2  9 that the commission shall consult with the judicial branch,
  2 10 judicial district department of correctional services, and the
  2 11 state agencies associated with the connections for which state
  2 12 funding is provided.
  2 13    The bill also provides that the state shall not provide
  2 14 funding for capacity in excess of 45 mega bits per second for
  2 15 Part III connections for which state funding is provided, but
  2 16 that this does not preclude an authorized Part III user from
  2 17 requesting additional capacity if the user provides 100
  2 18 percent of the funding necessary to provide it.
  2 19 LSB 1296HV 83
  2 20 rn/nh/8