Read the full stored bill text
House
File
551
-
Introduced
HOUSE
FILE
551
BY
THOMSON
A
BILL
FOR
An
Act
relating
to
the
advertised
and
delivered
speeds
of
1
broadband
services
provided
by
communication
service
2
providers,
and
providing
civil
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
554I.1
Definitions.
1
As
used
in
this
chapter,
unless
the
context
otherwise
2
requires:
3
1.
“Broadband
services”
means
a
high-speed,
high-capacity
4
electronic
transmission
medium,
including
fixed
wireless
and
5
mobile
wireless
mediums,
that
can
carry
data
signals
from
6
independent
network
sources
by
establishing
different
bandwidth
7
channels
and
that
is
commonly
used
to
deliver
internet
services
8
to
the
public.
9
2.
“Communications
service
provider”
means
a
service
10
provider
that
provides
broadband
services
to
persons
residing
11
in
this
state.
12
3.
“Customer”
means
a
person
residing
in
this
state
who
13
receives
broadband
services
from
a
communications
service
14
provider.
15
Sec.
2.
NEW
SECTION
.
554I.2
Communications
service
16
providers
——
reports.
17
Within
thirty
days
after
the
end
of
each
quarter,
each
18
communications
service
provider
shall
provide
each
customer
19
with
a
report
that
includes
all
of
the
following:
20
1.
The
maximum
download
speed
and
maximum
upload
speed
of
21
broadband
services
that
the
communications
service
provider
22
advertised
as
being
available
in
the
customer’s
geographic
area
23
during
the
quarter.
24
2.
For
each
hour
in
the
quarter,
the
maximum
download
25
speed
and
maximum
upload
speed
of
broadband
services
that
the
26
communications
service
provider
contracted
to
provide
to
the
27
customer.
28
3.
For
each
hour
in
the
quarter,
the
maximum
download
29
speed
and
maximum
upload
speed
of
broadband
services
that
30
the
communications
service
provider
actually
provided
to
the
31
customer.
32
4.
For
each
hour
in
the
quarter,
the
difference
between
33
the
maximum
download
speed
of
broadband
services
that
the
34
communications
service
provider
contracted
to
provide
to
the
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551
customer
and
the
maximum
download
speed
of
broadband
services
1
that
the
communications
service
provider
actually
provided
to
2
the
customer.
3
5.
For
each
hour
in
the
quarter,
the
difference
between
4
the
maximum
upload
speed
of
broadband
services
that
the
5
communications
service
provider
contracted
to
provide
to
the
6
customer
and
the
maximum
upload
speed
of
broadband
services
7
that
the
communications
service
provider
actually
provided
to
8
the
customer.
9
Sec.
3.
NEW
SECTION
.
554I.3
Communications
service
10
providers
——
refunds.
11
1.
a.
A
communications
service
provider
shall
provide
a
12
refund
credit
on
a
prorated
basis
to
a
customer
for
each
hour
13
in
the
quarter
that
the
maximum
download
speed
of
broadband
14
services
that
the
communications
service
provider
actually
15
provided
to
the
customer
is
less
than
the
maximum
download
16
speed
of
broadband
services
that
the
communications
service
17
contracted
to
provide
to
the
customer.
18
b.
A
communications
service
provider
shall
provide
a
refund
19
credit
on
a
prorated
basis
to
a
customer
for
each
hour
in
the
20
quarter
that
the
maximum
upload
speed
of
broadband
services
21
that
the
communications
service
provider
actually
provided
to
22
the
customer
is
less
than
the
maximum
upload
speed
of
broadband
23
services
that
the
communications
service
provider
contracted
to
24
provide
to
the
customer.
25
2.
In
addition
to
the
refund
credits
described
in
subsection
26
1,
a
communications
service
provider
shall
provide
a
refund
27
credit
on
a
prorated
basis
to
a
customer
for
each
day
in
the
28
quarter
that
the
maximum
download
speed
or
maximum
upload
speed
29
of
broadband
services
that
the
communications
service
provider
30
actually
provided
to
the
customer
is
less
than
the
maximum
31
download
speed
or
maximum
upload
speed
of
broadband
services
32
that
the
communications
service
provider
contracted
to
provide
33
to
the
customer.
34
Sec.
4.
NEW
SECTION
.
554I.4
Communications
service
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providers
——
enforcement
——
penalties.
1
1.
A
customer
or
the
attorney
general
may
seek
judicial
2
enforcement
of
the
requirements
of
this
chapter
in
a
civil
3
action
brought
against
a
communications
service
provider.
If
4
the
customer
or
the
attorney
general
is
the
prevailing
party
5
in
the
civil
action,
the
court
shall
assess
a
civil
penalty
6
against
the
communications
service
provider
in
an
amount
equal
7
to
two
times
the
sum
of
the
refund
credits
owed
to
the
customer
8
under
section
554I.3,
subsection
1,
plus
the
refund
credits
9
owed
to
the
customer
under
section
554I.3,
subsection
2.
10
2.
Revenue
from
the
civil
penalties
assessed
in
subsection
11
1
shall
be
remitted
annually
to
the
treasurer
of
state
for
12
deposit
in
the
general
fund
of
the
state.
For
the
fiscal
year
13
beginning
July
1,
2025,
and
for
each
succeeding
fiscal
year,
14
the
moneys
deposited
in
the
general
fund
of
the
state
pursuant
15
to
this
paragraph
are
appropriated
as
follows:
16
a.
The
first
ten
million
dollars
are
appropriated
to
17
the
economic
development
authority
for
all
of
the
following
18
purposes:
19
(1)
For
salaries,
support,
miscellaneous
purposes,
20
programs,
marketing,
and
the
maintenance
of
an
administration
21
division,
a
business
development
division,
a
community
22
development
division,
a
small
business
development
division,
23
and
other
divisions
the
authority
may
organize.
24
(2)
For
business
development
operations
and
programs,
25
international
trade,
export
assistance,
workforce
recruitment,
26
and
the
partner
state
program.
27
(3)
For
transfer
to
a
fund
created
pursuant
to
section
28
15.313
for
purposes
of
financing
strategic
infrastructure
29
projects.
30
(4)
For
community
economic
development
programs,
tourism
31
operations,
community
assistance,
plans
for
Iowa
green
corps
32
and
summer
youth
programs,
the
main
street
and
rural
main
33
street
programs,
the
school-to-career
program,
the
community
34
development
block
grant,
and
housing
and
shelter-related
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programs.
1
b.
Total
moneys
in
excess
of
the
moneys
appropriated
under
2
paragraph
“a”
are
appropriated
to
the
office
of
the
state
3
public
defender
of
the
department
of
inspections,
appeals,
4
and
licensing
for
payments
on
behalf
of
eligible
adults
and
5
juveniles
from
the
indigent
defense
fund,
in
accordance
with
6
section
815.11.
7
3.
Notwithstanding
section
8.33,
moneys
appropriated
in
8
subsection
2
that
remain
unencumbered
or
unobligated
at
the
9
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
10
available
for
expenditure
for
the
purposes
designated.
11
Sec.
5.
NEW
SECTION
.
554I.5
Communications
service
12
providers
——
audits.
13
Each
communications
service
provider
shall
engage
the
14
services
of
an
independent
contractor,
at
the
communications
15
service
provider’s
sole
expense
and
subject
to
the
approval
16
of
the
attorney
general,
to
audit
the
communications
service
17
provider’s
compliance
with
this
section
and
to
verify
the
18
maximum
download
speed
and
maximum
upload
speed
of
the
19
broadband
services
provided
by
the
communications
service
20
provider.
21
Sec.
6.
NEW
SECTION
.
554I.6
Rules.
22
The
attorney
general
shall
adopt
rules
pursuant
to
chapter
23
17A
to
administer
this
chapter.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
the
advertised
and
delivered
speeds
of
28
broadband
services
provided
by
communication
service
providers.
29
The
bill
requires
a
communications
service
provider
30
(provider)
to
provide
each
customer
with
a
report
at
the
31
end
of
each
quarter.
“Communications
service
provider”
is
32
defined
in
the
bill.
The
report
shall
include
the
maximum
33
download
and
upload
speeds
of
broadband
services
(broadband)
34
advertised
by
the
provider
and,
for
each
hour
in
the
quarter,
35
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the
maximum
download
and
upload
speeds
of
broadband
that
the
1
provider
contracted
to
provide;
the
actual
maximum
download
2
and
upload
speeds
of
broadband
provided
to
the
customer;
and
3
the
difference
between
the
maximum
download
and
upload
speeds
4
of
broadband
that
the
provider
contracted
to
provide
to
the
5
customer
and
the
maximum
download
and
upload
speeds
actually
6
provided.
“Broadband
services”
and
“customer”
are
defined
in
7
the
bill.
8
The
bill
requires
a
provider
to
provide
a
refund
credit
on
9
a
prorated
basis
to
a
customer
for
each
hour
in
the
quarter
10
that
the
maximum
download
or
upload
speed
of
broadband
actually
11
provided
to
the
customer
is
less
than
the
maximum
download
or
12
upload
speed
of
broadband
the
provider
contracted
to
provide.
13
The
bill
grants
the
attorney
general
authority
to
seek
14
judicial
enforcement
of
the
bill.
A
court
may
assess
a
civil
15
penalty
against
a
provider
in
an
amount
equal
to
two
times
16
the
sum
of
the
refund
credits
to
be
provided
to
a
customer.
17
Revenue
from
the
civil
penalties
shall
be
remitted
to
the
18
treasurer
for
deposit
in
the
general
fund,
to
be
appropriated
19
as
detailed
in
the
bill.
20
The
bill
requires
a
provider
to
hire
an
independent
21
contractor
to
audit
the
provider’s
compliance
with
the
bill
22
and
to
verify
the
maximum
download
and
upload
speeds
of
the
23
broadband
provided
by
the
provider.
24
The
attorney
general
shall
adopt
rules
to
administer
the
25
bill.
26
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