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House File 2459 - IntroducedA Bill ForAn Act 1relating to the financing of the construction or repair
2of works or facilities used to provide telecommunications
3services.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 28F.1, subsection 1, Code 2022, is
2amended to read as follows:
31. This chapter provides a means for the joint financing
4by public agencies of works or facilities useful and necessary
5for the collection, treatment, purification, and disposal
6in a sanitary manner of liquid and solid waste, sewage,
7and industrial waste, facilities used for the conversion of
8solid waste to energy, works or facilities useful for the
9operation of a telecommunications system or the provision
10of telecommunications services, gasworks and facilities
11useful for the delivery of natural gas service, and also
12electric power facilities constructed within the state of
13Iowa, except that hydroelectric power facilities may also be
14located in the waters and on the dams of or on land adjacent
15to either side of the Mississippi or Missouri river bordering
16the state of Iowa, water supply systems, swimming pools
17or golf courses. This chapter applies to the acquisition,
18construction, reconstruction, ownership, operation, repair,
19extension, or improvement of such works or facilities, by a
20separate administrative or legal entity created pursuant to
21chapter 28E or chapter 389. When the legal entity created
22under this chapter is comprised solely of cities, counties,
23and sanitary districts established under chapter 358, or any
24combination thereof or any combination of the foregoing with
25other public agencies, the entity shall be both a corporation
26and a political subdivision with the name under which it was
27organized. The legal entity may sue and be sued, contract,
28acquire and hold real and personal property necessary for
29corporate purposes, adopt a corporate seal and alter the seal
30at pleasure, and execute all the powers conferred in this
31chapter.
32 Sec. 2. Section 384.24, subsection 3, Code 2022, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. y. The construction, reconstruction, and
35repair of fiberoptic network conduit as defined in section
-1-18B.25, and the acquisition of real estate interests needed for
2such purposes. A city shall comply with 47 U.S.C.§253 and
3332 and shall provide nondiscriminatory access to fiberoptic
4network conduit owned or leased by the city to provide
5telecommunications services.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to the financing of the construction
10or repair of works or facilities used to provide
11telecommunications services.
12The bill permits joint financing under Code chapter
1328F for works or facilities useful for the operation
14of a telecommunications system or the provision of
15telecommunications services.
16The bill provides that the definition of “essential
17corporate purpose” contained in Code section 384.24 shall
18include the construction, reconstruction, and repair of
19fiberoptic network conduit and the acquisition of real estate
20interests needed for such purposes. The bill provides that
21“fiberoptic network conduit” means as defined in Code section
228B.25 to include a pipe, vault, or duct used to enclose
23fiberoptic cable facilities buried alongside a roadway or
24surface mounted on a bridge, overpass, or other facility
25where placement below ground is impossible or impractical but
26not including electronics or cable. The bill provides in
27the definition that a city shall comply with 47 U.S.C. §253
28regarding removal of barriers to entry and 47 U.S.C. §332
29regarding mobile services and shall provide nondiscriminatory
30access to fiberoptic network conduit owned or leased by the
31city to provide telecommunications services.
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2of works or facilities used to provide telecommunications
3services.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 28F.1, subsection 1, Code 2022, is
2amended to read as follows:
31. This chapter provides a means for the joint financing
4by public agencies of works or facilities useful and necessary
5for the collection, treatment, purification, and disposal
6in a sanitary manner of liquid and solid waste, sewage,
7and industrial waste, facilities used for the conversion of
8solid waste to energy, works or facilities useful for the
9operation of a telecommunications system or the provision
10of telecommunications services, gasworks and facilities
11useful for the delivery of natural gas service, and also
12electric power facilities constructed within the state of
13Iowa, except that hydroelectric power facilities may also be
14located in the waters and on the dams of or on land adjacent
15to either side of the Mississippi or Missouri river bordering
16the state of Iowa, water supply systems, swimming pools
17or golf courses. This chapter applies to the acquisition,
18construction, reconstruction, ownership, operation, repair,
19extension, or improvement of such works or facilities, by a
20separate administrative or legal entity created pursuant to
21chapter 28E or chapter 389. When the legal entity created
22under this chapter is comprised solely of cities, counties,
23and sanitary districts established under chapter 358, or any
24combination thereof or any combination of the foregoing with
25other public agencies, the entity shall be both a corporation
26and a political subdivision with the name under which it was
27organized. The legal entity may sue and be sued, contract,
28acquire and hold real and personal property necessary for
29corporate purposes, adopt a corporate seal and alter the seal
30at pleasure, and execute all the powers conferred in this
31chapter.
32 Sec. 2. Section 384.24, subsection 3, Code 2022, is amended
33by adding the following new paragraph:
34 NEW PARAGRAPH. y. The construction, reconstruction, and
35repair of fiberoptic network conduit as defined in section
-1-18B.25, and the acquisition of real estate interests needed for
2such purposes. A city shall comply with 47 U.S.C.§253 and
3332 and shall provide nondiscriminatory access to fiberoptic
4network conduit owned or leased by the city to provide
5telecommunications services.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to the financing of the construction
10or repair of works or facilities used to provide
11telecommunications services.
12The bill permits joint financing under Code chapter
1328F for works or facilities useful for the operation
14of a telecommunications system or the provision of
15telecommunications services.
16The bill provides that the definition of “essential
17corporate purpose” contained in Code section 384.24 shall
18include the construction, reconstruction, and repair of
19fiberoptic network conduit and the acquisition of real estate
20interests needed for such purposes. The bill provides that
21“fiberoptic network conduit” means as defined in Code section
228B.25 to include a pipe, vault, or duct used to enclose
23fiberoptic cable facilities buried alongside a roadway or
24surface mounted on a bridge, overpass, or other facility
25where placement below ground is impossible or impractical but
26not including electronics or cable. The bill provides in
27the definition that a city shall comply with 47 U.S.C. §253
28regarding removal of barriers to entry and 47 U.S.C. §332
29regarding mobile services and shall provide nondiscriminatory
30access to fiberoptic network conduit owned or leased by the
31city to provide telecommunications services.
-2-es/rn