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House
File
2181
-
Introduced
HOUSE
FILE
2181
BY
COMMITTEE
ON
COMMERCE
(SUCCESSOR
TO
HF
304)
(SUCCESSOR
TO
HSB
65)
A
BILL
FOR
An
Act
relating
to
rate-regulated
utilities,
including
1
telecommunications
and
electronic
transmission
services.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1450HZ
(2)
91
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H.F.
2181
Section
1.
Section
476.91,
Code
2026,
is
amended
to
read
as
1
follows:
2
476.91
Alternative
operator
Telecommunication
services
for
3
incarcerated
persons
.
4
1.
Definitions.
As
used
in
this
section
,
unless
the
context
5
otherwise
requires:
6
a.
“Alternative
operator
services
company”
means
a
7
nongovernmental
company
which
receives
more
than
half
of
8
its
Iowa
intrastate
telecommunications
services
revenues
9
from
calls
placed
by
end-user
customers
from
telephones
10
other
than
ordinary
residence
or
business
telephones.
The
11
definition
is
further
limited
to
include
only
companies
which
12
provide
operator
assistance,
either
through
live
or
automated
13
intervention,
on
calls
placed
from
other
than
ordinary
14
residence
or
business
telephones,
and
does
not
include
services
15
provided
under
contract
to
rate-regulated
local
exchange
16
utilities.
17
b.
“Contracting
entity”
means
an
entity
providing
telephones
18
other
than
ordinary
residence
or
business
telephones
for
use
19
by
end-user
customers
which
has
contracted
with
an
alternative
20
operator
services
company
to
provide
telecommunications
21
services
to
those
telephones.
22
c.
“End-user
customer”
means
a
person
who
places
a
local
or
23
toll
call.
24
d.
“Other
than
ordinary
residence
or
business
telephones”
25
means
telephones
other
than
the
residence
or
business
26
telephones
of
the
customary
users
of
the
telephones,
including
27
but
not
limited
to
pay
telephones
and
telephones
in
motel,
28
hotel,
hospital,
and
college
dormitory
rooms.
29
a.
“Correctional
facility”
means
a
county
jail,
municipal
30
holding
facility,
secure
facility
for
the
detention
or
31
custody
of
juveniles,
community-based
correctional
facility,
32
institution
under
the
management
of
the
department
of
33
corrections,
or
other
similar
private,
local,
state,
or
34
federally
operated
institutions,
whether
operated
within
this
35
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2181
state
or
another
state.
1
b.
“Incarcerated
person
calling
service”
means
a
service
2
that
allows
incarcerated
persons
to
make
calls
to
individuals
3
outside
the
correctional
facility
where
the
incarcerated
person
4
is
being
held,
regardless
of
the
technology
used
to
deliver
the
5
service.
6
2.
Jurisdiction.
Notwithstanding
any
finding
by
the
7
commission
that
a
service
or
facility
is
subject
to
competition
8
and
should
be
deregulated
pursuant
to
section
476.1
,
all
9
intrastate
telecommunications
services
provided
by
alternative
10
operator
services
companies
to
end-user
customers,
using
11
other
than
ordinary
residence
or
business
telephones,
12
All
incarcerated
person
calling
services
are
subject
to
13
the
jurisdiction
of
the
commission
and
shall
be
rendered
14
pursuant
to
tariffs
approved
by
the
commission.
Alternative
15
operator
services
companies
Incarcerated
person
calling
16
service
providers
shall
be
subject
to
all
requirements
and
17
sanctions
provided
in
this
chapter
.
Contracting
entities
18
Correctional
facilities
shall
be
subject
to
the
requirements
19
of
any
commission
regulations
concerning
telecommunications
20
services
provided
by
alternative
operator
services
companies
21
incarcerated
persons
calling
service
providers
.
22
3.
Requirements.
The
commission
shall
adopt
and
enforce
23
requirements
for
the
provision
of
services
by
alternative
24
operator
services
companies
and
contracting
entities
25
incarcerated
person
calling
service
providers
to
correctional
26
facilities
.
27
4.
Billing
by
local
exchange
utilities.
Notwithstanding
28
any
finding
by
the
commission
that
a
service
or
facility
is
29
subject
to
competition
and
should
be
deregulated
pursuant
30
to
section
476.1
,
a
regulated
local
exchange
utility
shall
31
not
perform
billing
and
collection
functions
relating
32
to
regulated
telecommunications
services
provided
by
an
33
alternative
operator
services
company,
unless
the
alternative
34
operator
services
company
has
filed
a
statement
with
the
local
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exchange
utility
signed
by
a
corporate
officer,
or
other
1
authorized
person
having
personal
knowledge,
that
all
regulated
2
telecommunications
services
to
be
billed
shall
be
rendered
3
pursuant
to
tariffs
approved
by
the
commission.
4
Sec.
2.
Section
478.7,
Code
2026,
is
amended
to
read
as
5
follows:
6
478.7
Form
of
franchise.
7
The
general
counsel
for
the
utilities
commission
shall
8
prepare
a
blank
form
of
A
franchise
,
which
issued
pursuant
to
9
this
chapter
shall
provide
space
for
a
general
description
10
of
the
improvement
authorized,
the
name
and
address
of
the
11
person
or
corporation
to
whom
granted,
the
general
terms
and
12
conditions
upon
which
the
franchise
is
granted,
and
other
13
things
information
as
necessary.
This
blank
form
shall
be
14
filled
out
and
signed
by
the
chairperson
of
the
utilities
15
commission
which
grants
the
franchise,
and
the
official
seal
16
shall
be
attached.
The
franchise
is
subject
to
regulations
and
17
restrictions
as
the
general
assembly
prescribes,
and
to
rules,
18
not
inconsistent
with
statutes,
as
the
utilities
commission
may
19
establish.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
telecommunications
and
electronic
24
transmission
services.
25
Under
current
law,
Code
section
476.91
pertains
to
26
all
alternative
operator
services.
Alternative
operator
27
services
companies
are
currently
defined
as
nongovernmental
28
companies
that
receive
more
than
half
of
their
Iowa
intrastate
29
telecommunications
services
revenues
from
calls
placed
30
by
end-user
customers
from
telephones
other
than
ordinary
31
residence
or
business
telephones.
The
definition
is
further
32
limited
to
include
only
companies
which
provide
operator
33
assistance,
either
through
live
or
automated
intervention,
on
34
calls
placed
from
other
than
ordinary
residence
or
business
35
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2181
telephones,
and
does
not
include
services
provided
under
1
contract
to
rate-regulated
local
exchange
utilities.
2
The
bill
revises
the
scope
of
alternative
operator
services
3
regulation
by
limiting
its
application
only
to
incarcerated
4
person
calling
services.
The
bill
removes
and
adds
definitions
5
and
makes
corresponding
changes
in
the
Code
section
to
conform
6
to
this
revision.
7
The
bill
amends
the
requirements
for
forms
required
by
8
persons
seeking
an
electric
transmission
line
franchise.
Under
9
current
law,
a
form
prepared
by
the
general
counsel
of
the
Iowa
10
utilities
commission
must
be
filled
out,
signed
by
the
chair
11
of
the
commission,
and
have
a
seal
attached.
The
bill
removes
12
the
form,
chair
signature,
and
official
seal
requirements
from
13
this
process.
The
information
required
on
the
form
must
still
14
be
provided
to
the
commission,
including
a
general
description
15
of
the
improvement
authorized,
the
name
and
address
of
the
16
person
or
corporation
to
whom
granted,
the
general
terms
and
17
conditions
upon
which
the
franchise
is
granted,
and
other
18
information
as
necessary.
19
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