House File 2296 - Reprinted HOUSE FILE 2296 BY COMMITTEE ON INFORMATION TECHNOLOGY (SUCCESSOR TO HF 2035) (As Amended and Passed by the House February 23, 2022 ) A BILL FOR An Act relating to broadband infrastructure installation 1 pursuant to a public road right-of-way or municipality-owned 2 conduit. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 HF 2296 (2) 89 es/rn/md
H.F. 2296 Section 1. Section 477.1, Code 2022, is amended to read as 1 follows: 2 477.1 Right-of-way. 3 Any person, firm, and corporation, within or without the 4 state, may construct a telegraph or telephone line or cable 5 system along the public roads of the state, or across or under 6 the rivers or over, under, or through any lands belonging to 7 the state or any private individual, and may erect or install 8 necessary fixtures. However, construction of a telegraph or 9 telephone line or cable system along a primary road is subject 10 to rules adopted by the state department of transportation. 11 For purposes of this subchapter, broadband infrastructure, as 12 defined in section 477.1A, shall be considered a necessary 13 fixture erected or installed in connection with a cable system. 14 Sec. 2. NEW SECTION . 477.1A Broadband infrastructure —— 15 right-of-way. 16 1. For purposes of this section, unless the context 17 otherwise requires: 18 a. “Broadband infrastructure” means the same as defined in 19 section 8B.1. 20 b. “Municipality” means the same as defined in section 21 419.1. 22 2. A municipality shall provide nondiscriminatory access 23 along a public road right-of-way and to a municipality-owned 24 conduit for the installation of broadband infrastructure for 25 the purpose of providing broadband services to the public. A 26 municipality shall not require a service provider to place the 27 broadband infrastructure within a municipality-owned conduit 28 as a condition of accessing a public road right-of-way. The 29 location of broadband infrastructure shall comply with section 30 318.9. 31 -1- HF 2296 (2) 89 es/rn/md 1/ 1