8D.9 - CERTIFICATION OF USE -- NETWORK USE BY CERTAIN AUTHORIZED USERS.
8D.9 CERTIFICATION OF USE -- NETWORK USE BY CERTAIN
AUTHORIZED USERS.
1. A private or public agency, other than a state agency, local
school district or nonpublic school, city library, library service
area, county library, judicial branch, judicial district department
of correctional services, agency of the federal government, a
hospital or physician clinic, or a post office authorized to be
offered access pursuant to this chapter as of May 18, 1994, shall
certify to the commission no later than July 1, 1994, that the agency
is a part of or intends to become a part of the network. Upon
receiving such certification from an agency not a part of the network
on May 18, 1994, the commission shall provide for the connection of
such agency as soon as practical. An agency which does not certify
to the commission that the agency is a part of or intends to become a
part of the network as required by this subsection shall be
prohibited from using the network.
2. a. A private or public agency which certifies to the
commission pursuant to subsection 1 that the agency is a part of or
intends to become a part of the network shall use the network for all
video, data, and voice requirements of the agency unless the private
or public agency petitions the commission for a waiver and one of the
following applies:
(1) The costs to the authorized user for services provided on the
network are not competitive with the same services provided by
another provider.
(2) The authorized user is under contract with another provider
for such services, provided the contract was entered into prior to
April 1, 1994. The agency shall use the network for video, data, and
voice requirements which are not provided pursuant to such contract.
(3) The authorized user has entered into an agreement with the
commission to become part of the network prior to June 1, 1994, which
does not provide for use of the network for all video, data, and
voice requirements of the agency. The commission may enter into an
agreement described in this subparagraph upon a determination that
the use of the network for all video, data, and voice requirements of
the agency would not be in the best interests of the agency.
b. A private or public agency shall petition the commission
for a waiver of the requirement to use the network as provided in
paragraph "a", if the agency determines that paragraph "a",
subparagraph (1) or (2) applies. The commission shall establish by
rule a review process for determining, upon application of an
authorized user, whether paragraph "a", subparagraph (1) or (2)
applies. An authorized user found by the commission to be under
contract for such services as provided in paragraph "a",
subparagraph (2), shall not enter into another contract upon the
expiration of such contract, but shall utilize the network for such
services as provided in this section unless paragraph "a",
subparagraph (1), applies.
3. A facility that is considered a public agency pursuant to
section 8D.2, subsection 5, paragraph "b", shall be authorized to
access the Iowa communications network strictly for homeland security
communication purposes and disaster communication purposes. Any
utilization of the network that is not related to communications
concerning homeland security or a disaster, as defined in section
29C.2, is expressly prohibited. Access under this subsection shall
be available only if a state of disaster emergency is proclaimed by
the governor pursuant to section 29C.6 or a homeland security or
disaster event occurs requiring connection of disparate
communications systems between public agencies to provide for a
multiagency or multijurisdictional response. Access shall continue
only for the period of time the homeland security or disaster event
exists. For purposes of this subsection, disaster communication
purposes includes training and exercising for a disaster if public
notice of the training and exercising session is posted on the
website of the homeland security and emergency management division of
the department of public defense. A scheduled and noticed training
and exercising session shall not exceed five days. Interpretation
and application of the provisions of this subsection shall be
strictly construed.
4. A community college receiving federal funding to conduct first
responder training and testing regarding homeland security first
responder communication and technology-related research and
development projects shall be authorized to utilize the network for
testing purposes. Section History: Recent Form
94 Acts, ch 1184, §11; 98 Acts, ch 1047, § 5; 2001 Acts, ch 158,
§2; 2003 Acts, ch 44, §3; 2004 Acts, ch 1175, §194; 2005 Acts, ch
179, §52