HSB 588 (LSB 5888YC (1) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CARLSON)

A BILL FOR

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

    Section 1.  Section 8D.2, Code 2020, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Broadband infrastructure” means the same as defined in section 8B.1.
   NEW SUBSECTION.  1A.  “Communications service provider” means the same as defined in section 8B.1.
   NEW SUBSECTION.  7.  “Underserved area” means the same as defined in section 8B.1.
    Sec. 2.  NEW SECTION.  8D.15  Wholesale access authorization.
   1.  Access to network —— commission authority.  

Notwithstanding any contrary provisions of this chapter related to access to the network, the commission may enter into a contract to provide access to the network to a person who is not an authorized user as provided in this section. The commission may establish by rule the manner in which a contract entered into pursuant to this section shall be undertaken.
   2.  Access requirements —— limitations.  Access to the network pursuant to any contract entered into by the commission pursuant to this section shall be subject to the following:
   a.  Sufficient capacity for existing and future authorized user demands. 
   b.  Access shall be provided for purposes of the installation and deployment of broadband infrastructure in underserved areas of the state.
   c.  Access shall be provided for wholesale transactions to communications service providers who are engaged in providing broadband capacity at retail to citizens and businesses in this state.
   d.  Access shall not be provided at retail to persons who are not authorized users or otherwise provided network access at retail as of July 1, 2020.
   e.  Access provided shall not be used by a communications service provider to provide services or broadband capacity to persons who are authorized users or otherwise provided network access as of July 1, 2020.
   3.  Wholesale access —— rates.  The commission shall establish policies to determine the rates applicable to a wholesale transaction pursuant to this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to access to the Iowa communications network.
   The bill defines the term “broadband infrastructure” by reference to Code section 8B.1, as the physical infrastructure used for the transmission of data that provides broadband services. “Broadband infrastructure” does not include land, buildings, structures, improvements, or equipment not directly used in the transmission of data via broadband. The bill also defines the term “communications service provider” by reference to Code section 8B.1, as a service provider that provides broadband service. The bill defines “underserved area” by reference to Code section 8B.1, as a portion of a targeted service area within which no communications service provider offers or facilitates broadband service meeting the download and upload speeds specified in the definition of targeted service area in Code section 8B.1.
   The bill permits wholesale access to the Iowa communications network to persons who are not otherwise authorized users as determined under Code chapter 8D. The bill provides that the telecommunications and technology commission may enter into a contract to provide access to the network to a communications service provider for the installation and deployment of broadband infrastructure in an underserved area. The bill provides that the commission may establish by rule the manner in which a contract entered into shall be undertaken. The bill provides that access shall be subject to sufficient capacity for existing and future authorized users of the network, shall be provided for the purposes of the installation and deployment of broadband infrastructure in underserved areas, and shall be provided to wholesale transactions with communications service providers who are engaged in providing broadband capacity at retail to citizens and businesses in the state.