House Study Bill 588 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CARLSON) A BILL FOR An Act relating to access to the Iowa communications network. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5888YC (1) 88 ja/rn

H.F. _____ Section 1. Section 8D.2, Code 2020, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 01. “Broadband infrastructure” means the 3 same as defined in section 8B.1. 4 NEW SUBSECTION . 1A. “Communications service provider” means 5 the same as defined in section 8B.1. 6 NEW SUBSECTION . 7. “Underserved area” means the same as 7 defined in section 8B.1. 8 Sec. 2. NEW SECTION . 8D.15 Wholesale access authorization. 9 1. Access to network —— commission authority. 10 Notwithstanding any contrary provisions of this chapter related 11 to access to the network, the commission may enter into a 12 contract to provide access to the network to a person who 13 is not an authorized user as provided in this section. The 14 commission may establish by rule the manner in which a contract 15 entered into pursuant to this section shall be undertaken. 16 2. Access requirements —— limitations. Access to the 17 network pursuant to any contract entered into by the commission 18 pursuant to this section shall be subject to the following: 19 a. Sufficient capacity for existing and future authorized 20 user demands. 21 b. Access shall be provided for purposes of the installation 22 and deployment of broadband infrastructure in underserved areas 23 of the state. 24 c. Access shall be provided for wholesale transactions to 25 communications service providers who are engaged in providing 26 broadband capacity at retail to citizens and businesses in this 27 state. 28 d. Access shall not be provided at retail to persons who are 29 not authorized users or otherwise provided network access at 30 retail as of July 1, 2020. 31 e. Access provided shall not be used by a communications 32 service provider to provide services or broadband capacity to 33 persons who are authorized users or otherwise provided network 34 access as of July 1, 2020. 35 -1- LSB 5888YC (1) 88 ja/rn 1/ 3

H.F. _____ 3. Wholesale access —— rates. The commission shall 1 establish policies to determine the rates applicable to a 2 wholesale transaction pursuant to this section. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to access to the Iowa communications 7 network. 8 The bill defines the term “broadband infrastructure” by 9 reference to Code section 8B.1, as the physical infrastructure 10 used for the transmission of data that provides broadband 11 services. “Broadband infrastructure” does not include land, 12 buildings, structures, improvements, or equipment not directly 13 used in the transmission of data via broadband. The bill also 14 defines the term “communications service provider” by reference 15 to Code section 8B.1, as a service provider that provides 16 broadband service. The bill defines “underserved area” by 17 reference to Code section 8B.1, as a portion of a targeted 18 service area within which no communications service provider 19 offers or facilitates broadband service meeting the download 20 and upload speeds specified in the definition of targeted 21 service area in Code section 8B.1. 22 The bill permits wholesale access to the Iowa communications 23 network to persons who are not otherwise authorized users as 24 determined under Code chapter 8D. The bill provides that the 25 telecommunications and technology commission may enter into a 26 contract to provide access to the network to a communications 27 service provider for the installation and deployment of 28 broadband infrastructure in an underserved area. The bill 29 provides that the commission may establish by rule the manner 30 in which a contract entered into shall be undertaken. The bill 31 provides that access shall be subject to sufficient capacity 32 for existing and future authorized users of the network, shall 33 be provided for the purposes of the installation and deployment 34 of broadband infrastructure in underserved areas, and shall be 35 -2- LSB 5888YC (1) 88 ja/rn 2/ 3

H.F. _____ provided to wholesale transactions with communications service 1 providers who are engaged in providing broadband capacity at 2 retail to citizens and businesses in the state. 3 -3- LSB 5888YC (1) 88 ja/rn 3/ 3