House Study Bill 227 - Introduced
                                  HOUSE FILE _____
                                  BY (PROPOSED COMMITTEE ON
                                      INFORMATION TECHNOLOGY BILL
                                      BY CHAIRPERSON LOHSE)
                            A BILL FOR
1 An Act relating to the development of an internet exchange
2    point.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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 1      Section 1. Section 8B.1, Code 2021, is amended by adding the
 2   following new subsections:
 3      NEW SUBSECTION. 3A. “Content delivery network” means
 4   a network of servers and their data centers that are
 5   geographically distributed to facilitate rapid access to
 6   information on the internet.
 7      NEW SUBSECTION. 10A. “Internet exchange point” means
 8   physical infrastructure through which internet service
 9   providers and content delivery networks exchange internet
10   traffic between their networks via peering relationships.
11      NEW SUBSECTION. 10B. “Internet service provider” means a
12   person who provides a service that enables users to access
13   content or information on the internet.
14      Sec. 2. Section 8B.4, Code 2021, is amended by adding the
15   following new subsection:
16      NEW SUBSECTION. 17A. Coordinate a program to provide for
17   the creation and implementation of an internet exchange point
18   pursuant to section 8B.27.
19      Sec. 3. Section 8B.11, subsection 2, paragraph b, Code 2021,
20   is amended to read as follows:
21      b. The office shall use moneys in the fund to provide grants
22   to communications service providers pursuant to this section.
23   The office may use not more than one percent of the moneys in
24   the fund at the beginning of the fiscal year to pay the costs
25   and expenses associated with the administration and operation
26   of the grant program. The office may not use more than twenty
27   percent of the moneys in the fund at the beginning of the
28   fiscal year to pay the costs and expenses associated with the
29   administration and operation of the internet exchange point
30   created pursuant to section 8B.27. The office shall use moneys
31   in the fund to leverage available federal moneys if possible.
32      Sec. 4. NEW SECTION. 8B.27 Internet exchange point.
33      1. Contingent upon the appropriation of sufficient moneys
34   to plan, design, and build an internet exchange point, the
35   office shall coordinate and implement a program to provide for
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 1   the creation and implementation of an internet exchange point
 2   utilizing the Iowa communications network. The amount to be
 3   appropriated pursuant to this subsection shall not exceed two
 4   million dollars.
 5      2. The office shall consult and coordinate with the Iowa
 6   telecommunications and technology commission in establishing
 7   and administering the internet exchange point pursuant to this
 8   section.
 9      3. The office shall not administer and operate the
10   internet exchange point in a manner that gives preference to
11   a particular internet service provider or content delivery
12   network.
13      Sec. 5. Section 8D.2, Code 2021, is amended by adding the
14   following new subsections:
15      NEW SUBSECTION. 01. “Broadband” means a high-speed,
16   high-capacity electronic transmission medium, including fixed
17   wireless and mobile wireless mediums, that can carry data
18   signals from independent network sources by establishing
19   different bandwidth channels and that is commonly used to
20   deliver internet services to the public.
21      NEW SUBSECTION. 1A. “Common carrier” means the same as
22   defined in 47 U.S.C. §153(11).
23      NEW SUBSECTION. 1B. “Communications service provider” means
24   a service provider that provides broadband service.
25      NEW SUBSECTION. 3A. “Political subdivision” means a
26   municipality, township, county, district, authority, or any
27   portion or combination thereof.
28      Sec. 6. Section 8D.3, subsection 3, Code 2021, is amended by
29   adding the following new paragraph:
30      NEW PARAGRAPH. l. Coordinate with the office of the chief
31   information officer in the creation and administration of the
32   internet exchange point pursuant to section 8B.27.
33      Sec. 7. Section 8D.11, subsection 4, Code 2021, is amended
34   by striking the subsection.
35      Sec. 8. Section 8D.13, Code 2021, is amended by adding the
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 1   following new subsections:
 2      NEW SUBSECTION. 18. Access shall be offered to common
 3   carriers and communications service providers. A common
 4   carrier or a communications service provider shall contribute
 5   an amount consistent with their share of use for the part of
 6   the system in which they participate, as determined by the
 7   commission.
 8      NEW SUBSECTION. 19. Access shall be offered to political
 9   subdivisions, to the extent not otherwise provided for in this
10   chapter, on the same basis and at the same rate as applicable
11   to state agencies.
12                              EXPLANATION
13           The inclusion of this explanation does not constitute agreement with
14            the explanation’s substance by the members of the general assembly.
15      This bill relates to the development of an internet exchange
16   point and the use of moneys in the empower rural Iowa broadband
17   grant fund.
18      The bill defines “content delivery network” as a network
19   of servers and their data centers that are geographically
20   distributed to facilitate rapid access to information on
21   the internet. The bill defines “internet exchange point”
22   as a physical infrastructure through which internet service
23   providers and content delivery networks exchange internet
24   traffic between their networks via peering relationships.
25   The bill defines “internet service provider” as a person who
26   provides a service that enables users to access content or
27   information on the internet.
28      The bill requires the office to coordinate a program
29   to provide for the creation of an internet exchange point
30   utilizing the Iowa communications network. The bill authorizes
31   the office to use a maximum of 20 percent of the funds in the
32   empower rural Iowa broadband grant fund at the beginning of
33   the fiscal year for the administration and operation of the
34   internet exchange point.
35      The bill conditions the responsibilities of the office with
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 1   respect to the internet exchange point on the appropriation
 2   of sufficient moneys for the planning, designing, and
 3   building of the internet exchange point. The bill limits this
 4   appropriation to a maximum of $2 million. The bill requires
 5   the office to consult with the commission in establishing
 6   and administering the internet exchange point. The bill
 7   prohibits the office from administering and operating the
 8   internet exchange point in a manner that gives preference to
 9   a particular internet service provider or content delivery
10   network.
11      The bill also adds new defined terms to Code chapter 8D.
12   The bill defines “broadband” as a high-speed, high-capacity
13   electronic transmission medium, including fixed wireless and
14   mobile wireless mediums, that can carry data signals from
15   independent network sources by establishing different bandwidth
16   channels and that is commonly used to deliver internet services
17   to the public. The bill defines “common carrier” by reference
18   to 47 U.S.C. §153(11), as any person engaged as a common
19   carrier for hire, in interstate or foreign communication by
20   wire or radio or interstate or foreign radio transmission of
21   energy. The bill defines “communications service provider” as
22   a service provider that provides broadband service. Finally,
23   the bill defines “political subdivision” as a municipality,
24   township, county, district, authority, or any portion or
25   combination thereof.
26      The bill strikes Code section 8B.11, subsection 4, which
27   restricted the political subdivisions that could access the
28   Iowa communications network to those receiving communications
29   services from the state as of April 1, 1986.
30      The bill allows common carriers, communications service
31   providers, and political subdivisions to access the Iowa
32   communications network. The bill requires a common carrier
33   or communications service provider to contribute an amount
34   consistent with their share of use of the Iowa communications
35   network. The bill requires a political subdivision to
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1 contribute at the same rate as applicable to state agencies.
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Statutes affected: Introduced: 8B.1, 8B.4, 8B.11, 8D.2, 8D.3, 8D.11, 8D.13