Bill Text: IA HF2296 | 2021-2022 | 89th General Assembly | Amended
Bill Title: A bill for an act relating to broadband infrastructure installation pursuant to a public road right-of-way or municipality-owned conduit. (Formerly HF 2035.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-03-17 - Placed on calendar under unfinished business. S.J. 553. [HF2296 Detail]
Download: Iowa-2021-HF2296-Amended.html
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