House
Study
Bill
621
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
INFORMATION
TECHNOLOGY
BILL
BY
CHAIRPERSON
LOHSE)
A
BILL
FOR
An
Act
relating
to
the
financing
of
the
construction
or
repair
1
of
works
or
facilities
used
to
provide
telecommunications
2
services.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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_____
Section
1.
Section
28F.1,
subsection
1,
Code
2022,
is
1
amended
to
read
as
follows:
2
1.
This
chapter
provides
a
means
for
the
joint
financing
3
by
public
agencies
of
works
or
facilities
useful
and
necessary
4
for
the
collection,
treatment,
purification,
and
disposal
5
in
a
sanitary
manner
of
liquid
and
solid
waste,
sewage,
6
and
industrial
waste,
facilities
used
for
the
conversion
of
7
solid
waste
to
energy,
works
or
facilities
useful
for
the
8
operation
of
a
telecommunications
system
or
the
provision
9
of
telecommunications
services,
gasworks
and
facilities
10
useful
for
the
delivery
of
natural
gas
service,
and
also
11
electric
power
facilities
constructed
within
the
state
of
12
Iowa,
except
that
hydroelectric
power
facilities
may
also
be
13
located
in
the
waters
and
on
the
dams
of
or
on
land
adjacent
14
to
either
side
of
the
Mississippi
or
Missouri
river
bordering
15
the
state
of
Iowa,
water
supply
systems,
swimming
pools
16
or
golf
courses.
This
chapter
applies
to
the
acquisition,
17
construction,
reconstruction,
ownership,
operation,
repair,
18
extension,
or
improvement
of
such
works
or
facilities,
by
a
19
separate
administrative
or
legal
entity
created
pursuant
to
20
chapter
28E
or
chapter
389
.
When
the
legal
entity
created
21
under
this
chapter
is
comprised
solely
of
cities,
counties,
22
and
sanitary
districts
established
under
chapter
358
,
or
any
23
combination
thereof
or
any
combination
of
the
foregoing
with
24
other
public
agencies,
the
entity
shall
be
both
a
corporation
25
and
a
political
subdivision
with
the
name
under
which
it
was
26
organized.
The
legal
entity
may
sue
and
be
sued,
contract,
27
acquire
and
hold
real
and
personal
property
necessary
for
28
corporate
purposes,
adopt
a
corporate
seal
and
alter
the
seal
29
at
pleasure,
and
execute
all
the
powers
conferred
in
this
30
chapter
.
31
Sec.
2.
Section
384.24,
subsection
3,
Code
2022,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
y.
The
construction,
reconstruction,
and
34
repair
of
fiberoptic
network
conduit
as
defined
in
section
35
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_____
8B.25,
and
the
acquisition
of
real
estate
interests
needed
for
1
such
purposes.
A
city
shall
comply
with
47
U.S.C.
§253
and
2
332
and
shall
not
unreasonably
discriminate
among
providers
or
3
deny
access
to
fiberoptic
network
conduit
owned
or
leased
by
4
the
city
prohibiting
or
having
the
effect
of
prohibiting
the
5
ability
of
any
entity
to
provide
telecommunications
services.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
the
financing
of
the
construction
10
or
repair
of
works
or
facilities
used
to
provide
11
telecommunications
services.
12
The
bill
permits
joint
financing
under
Code
chapter
13
28F
for
works
or
facilities
useful
for
the
operation
14
of
a
telecommunications
system
or
the
provision
of
15
telecommunications
services.
16
The
bill
provides
that
the
definition
of
“essential
17
corporate
purpose”
contained
in
Code
section
384.24
shall
18
include
the
construction,
reconstruction,
and
repair
of
19
fiberoptic
network
conduit
and
the
acquisition
of
real
estate
20
interests
needed
for
such
purposes.
The
bill
provides
that
21
“fiberoptic
network
conduit”
means
as
defined
in
Code
section
22
8B.25
to
include
a
pipe,
vault,
or
duct
used
to
enclose
23
fiberoptic
cable
facilities
buried
alongside
a
roadway
or
24
surface
mounted
on
a
bridge,
overpass,
or
other
facility
25
where
placement
below
ground
is
impossible
or
impractical
26
but
not
including
electronics
or
cable.
The
bill
provides
27
in
the
definition
that
a
city
shall
comply
with
47
U.S.C.
28
§253
regarding
removal
of
barriers
to
entry
and
47
U.S.C.
29
§332
regarding
mobile
services
and
shall
not
unreasonably
30
discriminate
among
providers
or
deny
access
to
the
city’s
31
fiberoptic
network
conduit
to
telecommunications
services.
32
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