House
Study
Bill
53
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
SODERBERG)
A
BILL
FOR
An
Act
relating
to
the
Iowa
communications
network
by
removing
1
waiver
provisions
applicable
to
utilization
of
the
network.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2005YC
(2)
84
rn/nh
H.F.
_____
Section
1.
Section
8D.9,
subsection
2,
Code
2011,
is
amended
1
to
read
as
follows:
2
2.
a.
A
private
or
public
agency
which
certifies
to
the
3
commission
pursuant
to
subsection
1
that
the
agency
is
a
part
4
of
or
intends
to
become
a
part
of
the
network
shall
may
use
the
5
network
for
all
any
video,
data,
and
or
voice
requirements
of
6
the
agency
unless
the
private
or
public
agency
petitions
the
7
commission
for
a
waiver
and
one
of
the
following
applies:
.
8
(1)
The
costs
to
the
authorized
user
for
services
provided
9
on
the
network
are
not
competitive
with
the
same
services
10
provided
by
another
provider.
11
(2)
The
authorized
user
is
under
contract
with
another
12
provider
for
such
services,
provided
the
contract
was
entered
13
into
prior
to
April
1,
1994.
The
agency
shall
use
the
network
14
for
video,
data,
and
voice
requirements
which
are
not
provided
15
pursuant
to
such
contract.
16
(3)
The
authorized
user
has
entered
into
an
agreement
17
with
the
commission
to
become
part
of
the
network
prior
to
18
June
1,
1994,
which
does
not
provide
for
use
of
the
network
19
for
all
video,
data,
and
voice
requirements
of
the
agency.
20
The
commission
may
enter
into
an
agreement
described
in
this
21
subparagraph
upon
a
determination
that
the
use
of
the
network
22
for
all
video,
data,
and
voice
requirements
of
the
agency
would
23
not
be
in
the
best
interests
of
the
agency.
24
b.
A
private
or
public
agency
shall
petition
the
commission
25
for
a
waiver
of
the
requirement
to
use
the
network
as
provided
26
in
paragraph
“a”
,
if
the
agency
determines
that
paragraph
27
“a”
,
subparagraph
(1)
or
(2)
applies.
The
commission
shall
28
establish
by
rule
a
review
process
for
determining,
upon
29
application
of
an
authorized
user,
whether
paragraph
“a”
,
30
subparagraph
(1)
or
(2)
applies.
An
authorized
user
found
31
by
the
commission
to
be
under
contract
for
such
services
as
32
provided
in
paragraph
“a”
,
subparagraph
(2),
shall
not
enter
33
into
another
contract
upon
the
expiration
of
such
contract,
but
34
shall
utilize
the
network
for
such
services
as
provided
in
this
35
-1-
LSB
2005YC
(2)
84
rn/nh
1/
2
H.F.
_____
section
unless
paragraph
“a”
,
subparagraph
(1),
applies.
1
EXPLANATION
2
This
bill
relates
to
a
provision
in
Code
section
8D.9,
3
subsection
2,
which
specifies
that
a
private
or
public
agency
4
which
certifies
to
the
Iowa
telecommunications
and
technology
5
commission
that
the
agency
is
a
part
of
or
intends
to
become
6
a
part
of
the
network
shall
use
the
network
for
all
video,
7
data,
and
voice
requirements
of
the
agency
unless
the
agency
8
petitions
the
commission
for
a
waiver
and
one
of
several
9
specified
conditions
or
stipulations
apply.
The
conditions
10
include
that
the
costs
to
an
authorized
user
for
services
11
provided
on
the
network
are
not
competitive
with
the
same
12
services
provided
by
another
provider,
that
the
authorized
13
user
is
under
contract
with
another
provider
for
such
services
14
entered
into
prior
to
April
1,
1994,
or
that
the
authorized
15
user
has
entered
into
an
agreement
with
the
commission
to
16
become
part
of
the
network
prior
to
June
1,
1994,
which
17
agreement
does
not
require
use
of
the
network
for
all
video,
18
data,
and
voice
requirements
of
the
agency.
The
bill
deletes
19
these
conditions
or
stipulations,
with
the
result
that
all
20
private
or
public
agencies
which
are
part
of
the
network
21
may
use
the
network
for
any
of
their
video,
data,
or
voice
22
requirements.
23
The
bill
deletes
associated
provisions
regarding
procedures
24
for
petitioning
for
a
waiver
and
commission
determination
of
25
whether
a
condition
or
stipulation
applies.
26
-2-
LSB
2005YC
(2)
84
rn/nh
2/
2