SENATE FILE 459

BY  COMMITTEE ON COMMERCE

(SUCCESSOR TO SSB 1145)

A BILL FOR

An Act modifying provisions relating to utilization of the Iowa communications network.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 8D.9, subsection 2, Code 2011, is amended to read as follows:
   2.
  a.  A private or public agency, other than a private college or university or a nonpublic school, which certifies to the commission pursuant to subsection 1 that the agency is a part of or intends to become a part of the network shall use the network for all video, data, and voice requirements of the agency unless the private or public agency petitions the commission for a waiver and one of the following applies:
   (1)  The costs to the authorized user for services provided on the network are not competitive with the same services provided by another provider.
   (2)  The authorized user is under contract with another provider for such services, provided the contract was entered into prior to April 1, 1994. The agency shall use the network for video, data, and voice requirements which are not provided pursuant to such contract.
   (3)  The authorized user has entered into an agreement with the commission to become part of the network prior to June 1, 1994, which does not provide for use of the network for all video, data, and voice requirements of the agency. The commission may enter into an agreement described in this subparagraph upon a determination that the use of the network for all video, data, and voice requirements of the agency would not be in the best interests of the agency.
   b.  A private or public agency, other than a private college or university or a nonpublic school, shall petition the commission for a waiver of the requirement to use the network as provided in paragraph “a”, if the agency determines that paragraph “a”, subparagraph (1) or (2) applies. The commission shall establish by rule a review process for determining, upon application of an authorized user, whether paragraph “a”, subparagraph (1) or (2) applies. An authorized user found by the commission to be under contract for such services as provided in paragraph “a”, subparagraph (2), shall not enter into another contract upon the expiration of such contract, but shall utilize the network for such services as provided in this section unless paragraph “a”, subparagraph (1), applies.  A waiver approved by the commission may be for a period as requested by the private or public agency of up to three years.
   c.  A private college or university or a nonpublic school which certifies to the commission pursuant to subsection 1 that the private college, university, or nonpublic school is a part of or intends to become a part of the network may use the network for its video, data, or voice requirements as determined by the private college or university or nonpublic school.
EXPLANATION
   This bill exempts a private college or university or a nonpublic school from a requirement that a private or public agency which certifies to the Iowa telecommunications and technology commission that it is a part of or intends to become a part of the Iowa communications network shall use the network for all video, data, and voice requirements of the agency unless the agency petitions the commission for a waiver and the waiver is granted. The bill provides, in the alternative, that a private college or university or a nonpublic school which certifies to the commission that it is a part of or intends to become a part of the network may use the network for its video, data, or voice requirements as determined by that entity.
   The bill also provides that if a waiver is granted to a public or private agency, that waiver shall apply for a period as requested by the agency, not to exceed three years.