Senate Study Bill 1145 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON DANDEKAR) A BILL FOR An Act modifying provisions relating to utilization of the Iowa 1 communications network. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2677SC (2) 84 rn/sc

S.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 , other than a private 3 college or university or a nonpublic school, which certifies 4 to the commission pursuant to subsection 1 that the agency is 5 a part of or intends to become a part of the network shall use 6 the network for all video, data, and voice requirements of 7 the agency unless the private or public agency petitions the 8 commission for a waiver and one of the following applies: 9 (1) The costs to the authorized user for services provided 10 on the network are not competitive with the same services 11 provided by another provider. 12 (2) The authorized user is under contract with another 13 provider for such services, provided the contract was entered 14 into prior to April 1, 1994. The agency shall use the network 15 for video, data, and voice requirements which are not provided 16 pursuant to such contract. 17 (3) The authorized user has entered into an agreement 18 with the commission to become part of the network prior to 19 June 1, 1994, which does not provide for use of the network 20 for all video, data, and voice requirements of the agency. 21 The commission may enter into an agreement described in this 22 subparagraph upon a determination that the use of the network 23 for all video, data, and voice requirements of the agency would 24 not be in the best interests of the agency. 25 b. A private or public agency , other than a private college 26 or university or a nonpublic school, shall petition the 27 commission for a waiver of the requirement to use the network 28 as provided in paragraph “a” , if the agency determines that 29 paragraph “a” , subparagraph (1) or (2) applies. The commission 30 shall establish by rule a review process for determining, upon 31 application of an authorized user, whether paragraph “a” , 32 subparagraph (1) or (2) applies. An authorized user found 33 by the commission to be under contract for such services as 34 provided in paragraph “a” , subparagraph (2), shall not enter 35 -1- LSB 2677SC (2) 84 rn/sc 1/ 2

S.F. _____ into another contract upon the expiration of such contract, 1 but shall utilize the network for such services as provided in 2 this section unless paragraph “a” , subparagraph (1), applies. 3 A waiver approved by the commission may be for a period as 4 requested by the private or public agency of up to three years. 5 c. A private college or university or a nonpublic school 6 which certifies to the commission pursuant to subsection 1 7 that the private college, university, or nonpublic school is 8 a part of or intends to become a part of the network may use 9 the network for its video, data, or voice requirements as 10 determined by the private college or university or nonpublic 11 school. 12 EXPLANATION 13 This bill exempts a private college or university or a 14 nonpublic school from a requirement that a private or public 15 agency which certifies to the Iowa telecommunications and 16 technology commission that it is a part of or intends to become 17 a part of the Iowa communications network shall use the network 18 for all video, data, and voice requirements of the agency 19 unless the agency petitions the commission for a waiver and the 20 waiver is granted. The bill provides, in the alternative, that 21 a private college or university or a nonpublic school which 22 certifies to the commission that it is a part of or intends to 23 become a part of the network may use the network for its video, 24 data, or voice requirements as determined by that entity. 25 The bill also provides that if a waiver is granted to a 26 public or private agency, that waiver shall apply for a period 27 as requested by the agency, not to exceed three years. 28 -2- LSB 2677SC (2) 84 rn/sc 2/ 2