House File 848 - Enrolled
House File 848
AN ACT
RELATING TO BROADBAND SERVICE, INCLUDING MATTERS UNDER THE
PURVIEW OF THE OFFICE OF THE CHIEF INFORMATION OFFICER,
THE EMPOWER RURAL IOWA BROADBAND GRANT FUND, AND INCLUDING
EFFECTIVE DATE AND APPLICABILITY PROVISIONS.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 8B.1, subsections 5, 13, and 14, Code
2 2021, are amended to read as follows:
3 5. “Facilitate” means a communication service provider’s
4 ability to provide broadband service at or above the download
5 and upload speeds specified in the definition of targeted
6 service area in this section or section 8B.11, subsection
7 5, paragraph “a”, if applicable, to a home, farm, school,
8 or business within a commercially reasonable time and at a
9 commercially reasonable price upon request by a consumer.
10 13. “Targeted service area” means any of the following:
11 a. A United States census bureau census block located in
12 this state, including any crop operation located within the
13 census block, or other geographic unit the office sets by
14 rule, within which no communications service provider offers
15 or facilitates broadband service at or above the tier 1, tier
16 2, or tier 3 download and upload speeds identified by the
17 federal communications commission pursuant to section 706 of
18 the federal Telecommunications Act of 1996, as amended. As
19 used in this subsection:
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1 (1) “Tier 1” means a maximum download speed of less than
2 twenty-five megabits per second and a maximum upload speed of
3 less than three megabits per second.
4 (2) “Tier 2” means a minimum download speed of greater than
5 or equal to twenty-five megabits per second but less than fifty
6 megabits per second.
7 (3) “Tier 3” means a minimum download speed of greater than
8 or equal to fifty megabits per second but less than eighty
9 megabits per second.
10 b. Any geographic area, as the office sets by rule, that
11 is materially underserved by broadband service such that
12 the download and upload speeds identified by the federal
13 communications commission pursuant to section 706 of the
14 federal Telecommunications Act of 1996, as amended, of the
15 broadband service in the geographic area tier 1, tier 2,
16 and tier 3 download and upload speeds are not meaningfully
17 available. The office’s power to determine the geographic
18 area by rule under this paragraph includes the power to define
19 and interpret standards as to whether a geographic area is
20 materially underserved and broadband service is meaningfully
21 available.
22 14. “Underserved area” means any portion of a targeted
23 service area within which no communications service provider
24 facilitates broadband service meeting the tier 1 download and
25 upload speeds specified in the definition of targeted service
26 area in this section.
27 Sec. 2. Section 8B.10, subsection 1, Code 2021, is amended
28 to read as follows:
29 1. The determination of whether a communications service
30 provider facilitates broadband service meeting the tier
31 1, tier 2, or tier 3 download and upload speeds specified
32 in the definition of targeted service area in section 8B.1
33 shall be determined or ascertained by reference to broadband
34 availability maps or data sources that are identified by
35 the office by rule. The office shall periodically make
1 renewed determinations of whether a communications service
2 provider facilitates broadband service at or above the tier
3 1, tier 2, or tier 3 download and upload speeds specified
4 in the definition of targeted service area in section 8B.1,
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5 which shall, to the extent updated maps and data sources are
6 available at the time, include making such determinations prior
7 to each round of grant applications solicited by the office
8 pursuant to section 8B.11. The office is not required to make
9 renewed determinations of whether a communications service
10 provider facilitates broadband service at or above the tier
11 1, tier 2, or tier 3 download and upload speeds specified in
12 the definition of targeted service area in section 8B.1 more
13 frequently than once in any calendar year.
14 Sec. 3. Section 8B.11, Code 2021, is amended to read as
15 follows:
16 8B.11 Empower rural Iowa —— broadband grants —— fund.
17 1. The office shall administer a broadband grant program
18 designed to reduce or eliminate unserved and underserved
19 areas in the state, leveraging federal funds and public and
20 private partnerships where possible, by awarding grants to
21 communications service providers that reduce or eliminate
22 targeted service areas by installing broadband infrastructure
23 that facilitates broadband service in targeted service areas at
24 or above the download and upload speeds specified in subsection
25 5, in accordance with this section in accordance with the
26 following:
27 a. The broadband infrastructure facilitates broadband
28 service that provides a minimum download speed of one hundred
29 megabits per second and a minimum upload speed of one hundred
30 megabits per second in a targeted service area within which no
31 communications service provider offers or facilitates broadband
32 service that provides download and upload speeds less than or
33 equal to the tier 1 download and upload speeds specified in the
34 definition of targeted service area in section 8B.1.
35 b. The broadband infrastructure facilitates broadband
1 service that provides a minimum download speed of one hundred
2 megabits per second and a minimum upload speed of one hundred
3 megabits per second in a targeted service area within which no
4 communications service provider offers or facilitates broadband
5 service that provides any of the following:
6 (1) Download speeds less than or equal to the tier 2
7 download speed specified in the definition of targeted service
8 area in section 8B.1.
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9 (2) Download speeds less than or equal to the tier 3
10 download speed specified in the definition of targeted service
11 area in section 8B.1.
12 2. a. An empower rural Iowa broadband grant fund is
13 established in the state treasury under the authority of the
14 office. The fund shall consist of moneys available to and
15 obtained or accepted by the office. Moneys in the fund are
16 appropriated to the office to be used for the grant program,
17 including for broadband mapping and the administration and
18 operation of the grant program, and for the fiberoptic network
19 conduit installation program established in section 8B.25.
20 b. The office shall use moneys in the fund to provide
21 grants to communications service providers pursuant to this
22 section and to lead and coordinate the fiberoptic network
23 conduit installation program pursuant to section 8B.25. The
24 office may use not more than one two and one-half percent of
25 the moneys in the fund at the beginning of the fiscal year to
26 pay the costs and expenses associated with the administration
27 and operation of the grant program and the fiberoptic network
28 conduit installation program. The office shall use moneys in
29 the fund to leverage available federal moneys if possible.
30 c. Notwithstanding section 8.33, moneys in the fund
31 that remain unencumbered or unobligated at the close of the
32 fiscal year shall not revert but shall remain available for
33 expenditure for the purposes designated until three years
34 following the last day of the fiscal year in which the funds
35 were originally appropriated.
1 d. Notwithstanding paragraph “c” or any provision to the
2 contrary, moneys in the fund that have been awarded but not
3 paid to a communications service provider shall not revert
4 but shall remain available to the office for purposes of
5 administering the award in a manner consistent with the terms
6 and conditions of any corresponding contract or grant agreement
7 governing the administration of the award.
8 3. Communications service providers may apply to the office
9 for a grant pursuant to this section for the installation of
10 broadband infrastructure that facilitates broadband service
11 in targeted service areas at or above the download and upload
12 speeds specified in subsection 5. The office shall include
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13 representatives from schools, communities, agriculture,
14 industry, and other areas as appropriate to review and
15 recommend grant awards. The office shall conduct an open
16 application review process that includes the opportunity
17 for the public to submit factual information as part of a
18 validation process to address claims that a targeted service
19 area is currently served with broadband service at or above the
20 download and upload speeds specified in subsection 5. Upon
21 completion of the validation process, the office may modify
22 a proposed targeted service area to account for information
23 received during the validation process. The office shall make
24 available a public internet site identifying all publicly
25 available information contained in the applications, the
26 members of the review committee, a summary of the review
27 committee’s recommended results, and any results of performance
28 testing conducted after the project is completed. The office
29 shall devote one full-time equivalent position to evaluate
30 applications submitted under this section and provide technical
31 assistance to communications service providers in completing
32 applications for federal funds, or any other funds from any
33 public or private sources, related to improving broadband
34 infrastructure.
35 4. a. The office shall award grants on a competitive
1 basis for the installation of broadband infrastructure that
2 facilitates broadband service as provided in subsection 3 in
3 targeted service areas at or above the download and upload
4 speeds specified in subsection 5, after considering the
5 following:
6 (1) The relative need for broadband infrastructure in the
7 area and the existing broadband service speeds, including
8 whether the project serves a rural area or areas.
9 (2) The applicant’s total proposed budget for the project,
10 including all of the following:
11 (a) The amount or percentage of local or federal matching
12 funds, if any, and any funding obligations shared between
13 public and private entities.
14 (b) The percentage of funding provided directly from the
15 applicant, including whether the applicant requested from the
16 office an amount less than the maximum amount the office could
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17 award pursuant to subsection 5 and, if so, the percentage of
18 the project cost that the applicant is requesting.
19 (3) The relative download and upload speeds of proposed
20 projects for all applicants.
21 (4) The specific product attributes resulting from the
22 proposed project, including technologies that provide higher
23 qualities of service, such as service levels, latency, and
24 other service attributes as determined by the office.
25 (5) The percentage of the homes, farms, schools, and
26 businesses in the targeted service area that will be provided
27 access to broadband service.
28 (6) The geographic diversity of the project areas of all the
29 applicants.
30 (7) The economic impact of the project to the area.
31 (6) The proportion of proposed projects that will result
32 in the installation of broadband infrastructure in a targeted
33 service area within which the only broadband service available
34 provides the tier 1 download and upload speeds specified in the
35 definition of targeted service area in section 8B.1.
1 (8) (7) Other factors the office deems relevant.
2 b. In considering the factors listed in paragraph “a”
3 for awarding grants pursuant to this section, the office
4 shall afford the greatest weight to the factors described in
5 paragraph “a”, subparagraphs (1) through (3), and subparagraph
6 (6).
7 c. Except as otherwise provided in this section, the office
8 shall not evaluate applications based on the office’s knowledge
9 of the applicant except for information obtained by the office
10 during the application process or period for public comment.
11 5. The office shall not award a grant pursuant to this
12 section that exceeds thirty-five percent of the communications
13 service provider’s project cost. The total amount of the
14 grants the office awards from the empower rural Iowa broadband
15 grant fund pursuant to this section shall be as follows not
16 exceed any of the following amounts:
17 a. For Seventy-five percent of a communications service
18 provider’s project costs for projects that will result in the
19 installation of broadband infrastructure that will facilitate
20 broadband service providing a minimum download speed less than
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21 one hundred megabits per second but greater than or equal to
22 the download speed specified in the definition of targeted
23 service area in section 8B.1, and a minimum upload speed less
24 than twenty megabits per second but greater than or equal
25 to the upload speed specified in the definition of targeted
26 service area in section 8B.1, the total amount of the grants
27 the office awards shall not exceed fifty percent of the moneys
28 in the fund at the beginning of the fiscal year. However, if
29 the amount requested for projects that facilitate broadband
30 service at the speeds described in paragraph “b” for the fiscal
31 year is less than the amount reserved for projects under
32 paragraph “b”, the office may award the difference to projects
33 under this paragraph for the same fiscal year in a targeted
34 service area within which no communications service provider
35 offers or facilitates broadband service that provides download
1 and upload speeds less than or equal to the tier 1 download and
2 upload speeds specified in the definition of targeted service
3 area in section 8B.1.
4 b. For Fifty percent of a communications service provider’s
5 project costs for projects that will result in the installation
6 of broadband infrastructure that will facilitate broadband
7 service providing a minimum download speed of one hundred
8 megabits per second and a minimum upload speed of twenty
9 megabits per second, the total amount of the grants the office
10 awards shall not exceed fifty percent of the moneys in the fund
11 at the beginning of the fiscal year. However, if the amount
12 requested for projects that facilitate broadband service at
13 the speeds described in paragraph “a” for the fiscal year is
14 less than the amount reserved for projects under paragraph
15 “a”, the office may award the difference to projects under
16 this paragraph for the same fiscal year in a targeted service
17 area within which no communications service provider offers or
18 facilitates broadband service that provides download and upload
19 speeds less than or equal to the tier 2 download and upload
20 speeds specified in the definition of targeted service area in
21 section 8B.1.
22 c. Thirty-five percent of a communications service
23 provider’s project costs for projects that will result in the
24 installation of broadband infrastructure in a targeted service
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25 area within which no communications service provider offers or
26 facilitates broadband service that provides download speeds
27 less than or equal to the tier 3 download speed specified in
28 the definition of targeted service area in section 8B.1.
29 6. Notwithstanding subsections 3 and 5, communications
30 service providers may apply to the office for a grant
31 pursuant to this section for the installation of broadband
32 infrastructure that facilitates broadband service providing a
33 minimum download speed of one hundred megabits per second and a
34 minimum upload speed of twenty megabits per second in targeted
35 service areas pursuant to this subsection. The office shall
1 make available a public internet site identifying all publicly
2 available information contained in the applications and any
3 results of performance testing conducted after the project is
4 completed.
5 a. The office shall award grants under this subsection on
6 a competitive basis after considering the factors provided in
7 subsection 4 and affording weight to the factors pursuant to
8 subsection 4, paragraph “b”.
9 b. The total amount of the grants the office shall award
10 pursuant to this subsection shall not exceed fifty percent
11 of a communications service provider’s project costs for
12 projects that will result in the installation of broadband
13 infrastructure in a targeted service area within which no
14 communications service provider offers or facilitates broadband
15 service that provides download and upload speeds less than or
16 equal to the tier 1 download and upload speeds specified in the
17 definition of targeted service