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ILSR Examines Iowa Rule Authorizing Municipal Networks

| Written by Lisa Gonzalez | No Comments | Updated on May 1, 2012 The content that follows was originally published on the Institute for Local Self-Reliance website at https://ilsr.org/ilsr-examines-iowa-rule-authorizing-municipal-networks/

The Institute for Local Self-Reliance has recently posted an examination of 1999 Iowa Act Chapter 63, which expressly allows municipal networks:

Section 1. LEGISLATIVE INTENT. It is the intent of the general assembly to specifically provide that cities of Iowa which create city utilities in the manner provided by law are authorized to provide on a competitively neutral basis with existing local exchange carriers separate or combined cable communications or television, telephone, telecommunications systems or services, including wireless systems or services, through the ownership of systems or offering of the services.

Sec. 2. Section 362.2, subsection 6, Code 1999, is amended to read as follows:
6. “City utility” means all or part of a waterworks, gasworks, sanitary sewage system, storm water drainage system, electric light and power plant and system, heating plant, cable communication or television system, telephone or telecommunications systems or services offered separately or combined with any system or service specified in this subsection or authorized by other law, any of which are owned by a city, including all land, easements, rights of way, fixtures, equipment, accessories, improvements, appurtenances, and other property necessary or useful for the operation of the utility.

The 1999 legislation opened the door for Iowa communities wanting to provide broadband access in areas that had been overlooked by the private sector. Since 1999, however, lobbyists for the telecommunications industry have found ways to increase regulation of community networks that does not apply to the private sector.

In addition to an analysis of how this rule changed Iowa’s approach to networks, ILSR summarizes detailed changes in the original legislation. The analysis includes pros and cons and how the telecom lobby has influenced the Iowa law since its inception.

Read more here in the ILSR Rules Library.