Bill Text: IA SSB1089 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for 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.(See SF 390.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-02-16 - Committee report approving bill, renumbered as SF 390. [SSB1089 Detail]
Download: Iowa-2021-SSB1089-Introduced.html
Senate
Study
Bill
1089
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
GOVERNOR
BILL)
A
BILL
FOR
An
Act
relating
to
broadband
service,
including
matters
under
1
the
purview
of
the
office
of
the
chief
information
officer,
2
the
empower
rural
Iowa
broadband
grant
fund,
and
including
3
effective
date
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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H.F.
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Section
1.
Section
8B.1,
subsections
5,
13,
and
14,
Code
1
2021,
are
amended
to
read
as
follows:
2
5.
“Facilitate”
means
a
communication
service
provider’s
3
ability
to
provide
broadband
service
at
or
above
the
download
4
and
upload
speeds
specified
in
the
definition
of
targeted
5
service
area
in
this
section
or
section
8B.11,
subsection
6
5
,
paragraph
“a”
,
if
applicable,
to
a
home,
farm,
school,
7
or
business
within
a
commercially
reasonable
time
and
at
a
8
commercially
reasonable
price
upon
request
by
a
consumer.
9
13.
“Targeted
service
area”
means
any
of
the
following:
10
a.
A
United
States
census
bureau
census
block
located
in
11
this
state,
including
any
crop
operation
located
within
the
12
census
block,
or
other
geographic
unit
the
office
sets
by
13
rule,
within
which
no
communications
service
provider
offers
14
or
facilitates
broadband
service
at
or
above
the
tier
1,
tier
15
2,
or
tier
3
download
and
upload
speeds
identified
by
the
16
federal
communications
commission
pursuant
to
section
706
of
17
the
federal
Telecommunications
Act
of
1996
,
as
amended
.
As
18
used
in
this
subsection:
19
(1)
“Tier
1”
means
a
minimum
download
speed
of
less
than
20
twenty-five
megabits
per
second
and
a
minimum
upload
speed
of
21
less
than
three
megabits
per
second.
22
(2)
“Tier
2”
means
a
minimum
download
speed
of
greater
than
23
or
equal
to
twenty-five
megabits
per
second
but
less
than
fifty
24
megabits
per
second
and
a
minimum
upload
speed
of
greater
than
25
or
equal
to
three
megabits
per
second.
26
(3)
“Tier
3”
means
a
minimum
download
speed
of
greater
than
27
or
equal
to
fifty
megabits
per
second
but
less
than
eighty
28
megabits
per
second.
29
b.
Any
geographic
area,
as
the
office
sets
by
rule,
that
30
is
materially
underserved
by
broadband
service
such
that
31
the
download
and
upload
speeds
identified
by
the
federal
32
communications
commission
pursuant
to
section
706
of
the
33
federal
Telecommunications
Act
of
1996
,
as
amended,
of
the
34
broadband
service
in
the
geographic
area
tier
1,
tier
2,
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and
tier
3
download
and
upload
speeds
are
not
meaningfully
1
available.
The
office’s
power
to
determine
the
geographic
2
area
by
rule
under
this
paragraph
includes
the
power
to
define
3
and
interpret
standards
as
to
whether
a
geographic
area
is
4
materially
underserved
and
broadband
service
is
meaningfully
5
available.
6
14.
“Underserved
area”
means
any
portion
of
a
targeted
7
service
area
within
which
no
communications
service
provider
8
facilitates
broadband
service
meeting
the
tier
1
download
and
9
upload
speeds
specified
in
the
definition
of
targeted
service
10
area
in
this
section
.
11
Sec.
2.
Section
8B.10,
subsection
1,
Code
2021,
is
amended
12
to
read
as
follows:
13
1.
The
determination
of
whether
a
communications
service
14
provider
facilitates
broadband
service
meeting
the
tier
15
1,
tier
2,
or
tier
3
download
and
upload
speeds
specified
16
in
the
definition
of
targeted
service
area
in
section
8B.1
17
shall
be
determined
or
ascertained
by
reference
to
broadband
18
availability
maps
or
data
sources
that
are
identified
by
19
the
office
by
rule.
The
office
shall
periodically
make
20
renewed
determinations
of
whether
a
communications
service
21
provider
facilitates
broadband
service
at
or
above
the
tier
22
1,
tier
2,
or
tier
3
download
and
upload
speeds
specified
23
in
the
definition
of
targeted
service
area
in
section
8B.1
,
24
which
shall,
to
the
extent
updated
maps
and
data
sources
are
25
available
at
the
time,
include
making
such
determinations
prior
26
to
each
round
of
grant
applications
solicited
by
the
office
27
pursuant
to
section
8B.11
.
The
office
is
not
required
to
make
28
renewed
determinations
of
whether
a
communications
service
29
provider
facilitates
broadband
service
at
or
above
the
tier
30
1,
tier
2,
or
tier
3
download
and
upload
speeds
specified
in
31
the
definition
of
targeted
service
area
in
section
8B.1
more
32
frequently
than
once
in
any
calendar
year.
33
Sec.
3.
Section
8B.11,
Code
2021,
is
amended
to
read
as
34
follows:
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8B.11
Empower
rural
Iowa
——
broadband
grants
——
fund.
1
1.
The
office
shall
administer
a
broadband
grant
program
2
designed
to
reduce
or
eliminate
unserved
and
underserved
3
areas
in
the
state,
leveraging
federal
funds
and
public
and
4
private
partnerships
where
possible,
by
awarding
grants
to
5
communications
service
providers
that
reduce
or
eliminate
6
targeted
service
areas
by
installing
broadband
infrastructure
7
that
facilitates
broadband
service
providing
a
minimum
download
8
speed
of
one
hundred
megabits
per
second
and
a
minimum
upload
9
speed
of
one
hundred
megabits
per
second
in
targeted
service
10
areas
at
or
above
the
download
and
upload
speeds
specified
in
11
subsection
5
,
in
accordance
with
this
section
.
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.
19
b.
The
office
shall
use
moneys
in
the
fund
to
provide
grants
20
to
communications
service
providers
pursuant
to
this
section
.
21
The
office
may
use
not
more
than
one
three
percent
of
the
22
moneys
in
the
fund
at
the
beginning
of
the
fiscal
year
to
pay
23
the
costs
and
expenses
associated
with
the
administration
and
24
operation
of
the
grant
program.
The
office
shall
use
moneys
in
25
the
fund
to
leverage
available
federal
moneys
if
possible.
26
c.
Notwithstanding
section
8.33
,
moneys
in
the
fund
27
that
remain
unencumbered
or
unobligated
at
the
close
of
the
28
fiscal
year
shall
not
revert
but
shall
remain
available
for
29
expenditure
for
the
purposes
designated
until
three
years
30
following
the
last
day
of
the
fiscal
year
in
which
the
funds
31
were
originally
appropriated.
32
d.
Notwithstanding
paragraph
“c”
or
any
provision
to
the
33
contrary,
moneys
in
the
fund
that
have
been
awarded
but
not
34
paid
to
a
communications
service
provider
shall
not
revert
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but
shall
remain
available
to
the
office
for
purposes
of
1
administering
the
award
in
a
manner
consistent
with
the
terms
2
and
conditions
of
any
corresponding
contract
or
grant
agreement
3
governing
the
administration
of
the
award.
4
3.
Communications
service
providers
may
apply
to
the
office
5
for
a
grant
pursuant
to
this
section
for
the
installation
of
6
broadband
infrastructure
that
facilitates
broadband
service
7
providing
a
minimum
download
speed
of
one
hundred
megabits
8
per
second
and
a
minimum
upload
speed
of
one
hundred
megabits
9
per
second
in
targeted
service
areas
at
or
above
the
download
10
and
upload
speeds
specified
in
subsection
5
.
The
office
11
shall
include
representatives
from
schools,
communities,
12
agriculture,
industry,
and
other
areas
as
appropriate
to
review
13
and
recommend
grant
awards.
The
office
shall
conduct
an
open
14
application
review
process
that
includes
the
opportunity
15
for
the
public
to
submit
factual
information
as
part
of
a
16
validation
process
to
address
claims
that
a
targeted
service
17
area
is
currently
served
with
broadband
service
at
or
above
the
18
download
and
upload
speeds
specified
in
subsection
5
.
Upon
19
completion
of
the
validation
process,
the
office
may
modify
20
a
proposed
targeted
service
area
to
account
for
information
21
received
during
the
validation
process
.
The
office
shall
make
22
available
a
public
internet
site
identifying
all
publicly
23
available
information
contained
in
the
applications
,
the
24
members
of
the
review
committee,
a
summary
of
the
review
25
committee’s
recommended
results,
and
any
results
of
performance
26
testing
conducted
after
the
project
is
completed.
27
4.
a.
The
office
shall
award
grants
on
a
competitive
28
basis
for
the
installation
of
broadband
infrastructure
that
29
facilitates
broadband
service
as
provided
in
subsection
3
in
30
targeted
service
areas
at
or
above
the
download
and
upload
31
speeds
specified
in
subsection
5
,
after
considering
the
32
following:
33
(1)
The
relative
need
for
broadband
infrastructure
in
the
34
area
and
the
existing
broadband
service
speeds,
including
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whether
the
project
serves
a
rural
area
or
areas.
1
(2)
The
applicant’s
total
proposed
budget
for
the
project,
2
including
all
of
the
following:
3
(a)
The
amount
or
percentage
of
local
or
federal
matching
4
funds,
if
any,
and
any
funding
obligations
shared
between
5
public
and
private
entities.
6
(b)
The
percentage
of
funding
provided
directly
from
the
7
applicant,
including
whether
the
applicant
requested
from
the
8
office
an
amount
less
than
the
maximum
amount
the
office
could
9
award
pursuant
to
subsection
5
and,
if
so,
the
percentage
of
10
the
project
cost
that
the
applicant
is
requesting.
11
(3)
The
relative
download
and
upload
speeds
of
proposed
12
projects
for
all
applicants.
13
(4)
The
specific
product
attributes
resulting
from
the
14
proposed
project,
including
technologies
that
provide
higher
15
qualities
of
service,
such
as
service
levels,
latency,
and
16
other
service
attributes
as
determined
by
the
office.
17
(5)
(4)
The
percentage
of
the
homes,
farms,
schools,
and
18
businesses
in
the
targeted
service
area
that
will
be
provided
19
access
to
broadband
service.
20
(6)
The
geographic
diversity
of
the
project
areas
of
all
the
21
applicants.
22
(7)
The
economic
impact
of
the
project
to
the
area.
23
(8)
(5)
Other
factors
the
office
deems
relevant.
24
b.
In
considering
the
factors
listed
in
paragraph
“a”
25
for
awarding
grants
pursuant
to
this
section
,
the
office
26
shall
afford
the
greatest
weight
to
the
factors
described
in
27
paragraph
“a”
,
subparagraphs
(1)
through
(3).
28
c.
Except
as
otherwise
provided
in
this
section
,
the
office
29
shall
not
evaluate
applications
based
on
the
office’s
knowledge
30
of
the
applicant
except
for
information
obtained
by
the
office
31
during
the
application
process
or
period
for
public
comment.
32
5.
The
office
shall
not
award
a
grant
pursuant
to
this
33
section
that
exceeds
thirty-five
percent
of
the
communications
34
service
provider’s
project
cost.
The
total
amount
of
the
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grants
the
office
awards
from
the
empower
rural
Iowa
broadband
1
grant
fund
pursuant
to
this
section
shall
be
as
follows
not
2
exceed
any
of
the
following
amounts
:
3
a.
For
Seventy-five
percent
of
a
communications
service
4
provider’s
project
costs
for
projects
that
will
result
in
the
5
installation
of
broadband
infrastructure
that
will
facilitate
6
broadband
service
providing
a
minimum
download
speed
less
than
7
one
hundred
megabits
per
second
but
greater
than
or
equal
to
8
the
download
speed
specified
in
the
definition
of
targeted
9
service
area
in
section
8B.1
,
and
a
minimum
upload
speed
less
10
than
twenty
megabits
per
second
but
greater
than
or
equal
11
to
the
upload
speed
specified
in
the
definition
of
targeted
12
service
area
in
section
8B.1
,
the
total
amount
of
the
grants
13
the
office
awards
shall
not
exceed
fifty
percent
of
the
moneys
14
in
the
fund
at
the
beginning
of
the
fiscal
year.
However,
if
15
the
amount
requested
for
projects
that
facilitate
broadband
16
service
at
the
speeds
described
in
paragraph
“b”
for
the
fiscal
17
year
is
less
than
the
amount
reserved
for
projects
under
18
paragraph
“b”
,
the
office
may
award
the
difference
to
projects
19
under
this
paragraph
for
the
same
fiscal
year
in
a
targeted
20
service
area
within
which
no
communications
service
provider
21
offers
or
facilitates
broadband
service
that
provides
download
22
and
upload
speeds
less
than
or
equal
to
the
tier
1
download
and
23
upload
speeds
specified
in
the
definition
of
targeted
service
24
area
in
section
8B.1
.
25
b.
For
Fifty
percent
of
a
communications
service
provider’s
26
project
costs
for
projects
that
will
result
in
the
installation
27
of
broadband
infrastructure
that
will
facilitate
broadband
28
service
providing
a
minimum
download
speed
of
one
hundred
29
megabits
per
second
and
a
minimum
upload
speed
of
twenty
30
megabits
per
second,
the
total
amount
of
the
grants
the
office
31
awards
shall
not
exceed
fifty
percent
of
the
moneys
in
the
fund
32
at
the
beginning
of
the
fiscal
year.
However,
if
the
amount
33
requested
for
projects
that
facilitate
broadband
service
at
34
the
speeds
described
in
paragraph
“a”
for
the
fiscal
year
is
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less
than
the
amount
reserved
for
projects
under
paragraph
1
“a”
,
the
office
may
award
the
difference
to
projects
under
2
this
paragraph
for
the
same
fiscal
year
in
a
targeted
service
3
area
within
which
no
communications
service
provider
offers
or
4
facilitates
broadband
service
that
provides
download
and
upload
5
speeds
less
than
or
equal
to
the
tier
2
download
and
upload
6
speeds
specified
in
the
definition
of
targeted
service
area
in
7
section
8B.1
.
8
c.
Thirty-five
percent
of
a
communications
service
9
provider’s
project
costs
for
projects
that
will
result
in
the
10
installation
of
broadband
infrastructure
in
a
targeted
service
11
area
within
which
no
communications
service
provider
offers
or
12
facilitates
broadband
service
that
provides
download
speeds
13
less
than
or
equal
to
the
tier
3
download
speed
specified
in
14
the
definition
of
targeted
service
area
in
section
8B.1.
15
6.
The
office
shall
provide
public
notice
regarding
the
16
application
process
and
receipt
of
funding.
17
7.
The
office
shall
not
award
a
grant
pursuant
to
this
18
section
on
or
after
July
1,
2025.
19
8.
7.
The
office
may
adopt
rules
pursuant
to
chapter
17A
20
interpreting
this
chapter
or
necessary
for
administering
this
21
chapter
,
including
but
not
limited
to
rules
relating
to
the
22
broadband
grant
program
process,
management,
and
measurements
23
as
deemed
necessary
by
the
office.
24
9.
8.
The
office
shall
adopt
rules
establishing
procedures
25
to
allow
aggrieved
applicants
an
opportunity
to
challenge
the
26
office’s
award
of
grants
under
this
section
.
27
Sec.
4.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
28
importance,
takes
effect
upon
enactment.
29
Sec.
5.
APPLICABILITY.
This
Act
applies
to
applications
30
for
grants
submitted
pursuant
to
section
8B.11
on
or
after
the
31
effective
date
of
this
Act.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
35
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This
bill
relates
to
broadband
service,
including
1
facilitating
the
availability
of
broadband
service
in
unsecured
2
and
underserved
areas,
and
administration
of
the
empower
rural
3
Iowa
broadband
grant
fund.
4
The
bill
modifies
the
definition
of
“facilitate”
for
5
purposes
of
Code
chapter
8B
to
mean
a
communications
service
6
provider’s
ability
to
provide
broadband
service
at
or
above
7
the
download
and
upload
speeds
specified
in
the
definition
8
of
a
targeted
service
area
to
a
home,
farm,
school,
or
9
business
within
a
commercially
reasonable
time
and
at
a
10
commercially
reasonable
price
upon
request.
The
bill
modifies
11
the
definition
of
“targeted
service
area”
to
mean
either
of
12
the
following:
a
United
States
census
bureau
census
block
13
located
in
this
state,
including
any
crop
operation
located
14
within
the
census
block,
or
other
geographic
unit
the
office
15
of
the
chief
information
officer
sets
by
rule,
within
which
no
16
communications
service
provider
offers
or
facilitates
broadband
17
service
at
or
above
the
tier
1,
tier
2,
or
tier
3
download
and
18
upload
speeds
enumerated
in
the
bill;
or
any
geographic
area,
19
as
the
office
sets
by
rule,
that
is
materially
underserved
by
20
broadband
service
such
that
tier
1,
tier
2,
and
tier
3
download
21
and
upload
speeds
are
not
meaningfully
available.
The
bill
22
defines
“tier
1”
as
a
minimum
download
speed
of
less
than
25
23
megabits
per
second
and
a
minimum
upload
speed
of
less
than
24
three
megabits
per
second.
The
bill
defines
“tier
2”
as
a
25
minimum
download
speed
of
greater
than
or
equal
to
25
megabits
26
per
second
but
less
than
50
megabits
per
second
and
a
minimum
27
upload
speed
of
greater
than
or
equal
to
three
megabits
per
28
second.
The
bill
defines
“tier
3”
as
a
minimum
download
speed
29
of
greater
than
or
equal
to
50
megabits
per
second
but
less
30
than
80
megabits
per
second.
The
bill
modifies
the
definition
31
of
“underserved
area”
to
mean
any
portion
of
a
targeted
32
service
area
within
which
no
communications
service
provider
33
facilitates
broadband
service
meeting
the
tier
1
speeds.
34
The
bill
provides
that
the
determination
of
whether
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a
communications
service
provider
facilitates
broadband
1
service
meeting
the
tier
1,
tier
2,
or
tier
3
download
and
2
upload
speeds
shall
be
determined
by
reference
to
broadband
3
availability
maps
or
data
sources
that
are
identified
by
the
4
office
by
rule.
The
bill
requires
the
office
to
periodically
5
make
renewed
determinations
as
to
whether
a
communications
6
service
provider
facilitates
broadband
service
at
or
above
7
those
download
and
upload
speeds.
The
bill
establishes
that
8
the
office
is
not
required
to
make
renewed
determinations
more
9
frequently
than
once
in
any
calendar
year.
10
The
bill
provides
that
grants
from
the
empower
rural
Iowa
11
broadband
grant
fund
shall
only
be
made
to
communications
12
service
providers
that
reduce
or
eliminate
targeted
service
13
areas
by
installing
broadband
infrastructure
that
facilitates
14
broadband
service
providing
a
minimum
download
speed
of
100
15
megabits
per
second
and
a
minimum
upload
speed
of
100
megabits
16
per
second
in
targeted
service
areas.
The
bill
provides
that
17
the
office
may
use
not
more
than
3
percent
of
the
moneys
in
18
the
fund
at
the
beginning
of
the
fiscal
year
to
pay
the
costs
19
associated
with
the
administration
of
the
grant
program.
20
The
bill
strikes
provisions
relating
to
the
application
21
review
process
for
applications
for
grants
under
the
fund.
22
Additionally,
the
bill
strikes
provisions
relating
to
a
review
23
committee
for
the
review
and
recommendation
of
grant
awards.
24
The
bill
also
makes
certain
changes
to
what
the
office
is
to
25
consider
when
reviewing
an
application
for
a
grant
from
the
26
fund.
27
The
bill
provides
that
the
amount
of
the
grants
the
28
office
awards
from
the
fund
shall
not
exceed
75
percent
29
of
a
communications
service
provider’s
project
costs
for
30
projects
that
will
result
in
the
installation
of
broadband
31
infrastructure
in
a
targeted
service
area
within
which
no
32
communications
service
provider
offers
or
facilitates
broadband
33
service
that
provides
download
and
upload
speeds
less
than
or
34
equal
to
the
tier
1
download
and
upload
speeds;
50
percent
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of
a
communications
service
provider’s
project
costs
for
1
projects
that
will
result
in
the
installation
of
broadband
2
infrastructure
in
a
targeted
service
area
within
which
no
3
communications
service
provider
offers
or
facilitates
broadband
4
service
that
provides
download
and
upload
speeds
less
than
5
or
equal
to
the
tier
2
download
and
upload
speeds;
and
35
6
percent
of
a
communications
service
provider’s
project
costs
7
for
projects
that
will
result
in
the
installation
of
broadband
8
infrastructure
in
a
targeted
service
area
within
which
no
9
communications
service
provider
offers
or
facilitates
broadband
10
service
that
provides
download
speeds
less
than
or
equal
to
the
11
tier
3
download
speed.
12
The
bill
strikes
Code
section
8B.11,
subsection
7,
which
13
prohibits
the
office
from
awarding
a
grant
from
the
fund
on
or
14
after
July
1,
2025.
15
The
bill
takes
effect
upon
enactment
and
applies
to
16
applications
for
grants
submitted
pursuant
to
Code
section
17
8B.11
on
or
after
the
effective
date
of
the
bill.
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