reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477 - TELEGRAPH AND TELEPHONES — CABLE SYSTEMS › Section 477.14 - Violations — effect.

477.14 Violations — effect.
Should any local exchange company or long distance company refuse or fail to furnish the connection or service above required, the law in relation to limited partnerships, corporations, or the taking of private property for works of internal improvement shall no longer apply to them and property taken for the use thereof without the consent of the owner may be recovered by the owner.
[C35, §8308-f5; C39, §8308.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, §488.14; C77, 79, 81, §477.14]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477A - CABLE OR VIDEO SERVICE FRANCHISES › Section 477A.4 - Applicability to federal law.

477A.4 Applicability to federal law.
To the extent required by applicable law, a certificate of franchise authority issued under this chapter shall constitute a “franchise” for the purposes of 47 U.S.C. §541(b)(1). To the extent required for the purposes of 47 U.S.C. §521 – 561, only the state of Iowa shall constitute the exclusive franchising authority for competitive cable service providers and competitive video service providers in this state.
2007 Acts, ch 201, §5, 15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477A - CABLE OR VIDEO SERVICE FRANCHISES › Section 477A.5 - Municipality restrictions.

477A.5 Municipality restrictions.
1. A municipality shall not require a holder of a certificate of franchise authority to do any of the following:
a. Comply with a mandatory build-out provision.
b. Obtain a separate franchise.
c. Pay any additional fees, except as provided in this chapter.
d. Be subject to any additional franchise requirement by the municipality, except as provided in this chapter.
2. For purposes of this section, a “franchise requirement” includes any provision regulating rates or requiring build-out requirements to deploy any facilities or equipment.
3. Section 364.2 shall not apply to a holder of a certificate of franchise authority issued pursuant to this chapter.
2007 Acts, ch 201, §6, 15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477A - CABLE OR VIDEO SERVICE FRANCHISES › Section 477A.8 - Customer service standards.

477A.8 Customer service standards.
1. The holder of a certificate of franchise authority shall comply with customer service requirements consistent with those contained in
47 C.F.R. §76.309
, and shall maintain a local or toll-free telephone number for customer service contact.
2. The holder of a certificate of franchise authority shall implement an informal process for handling inquiries from municipalities and customers concerning billing events, service issues, and other complaints. If an issue is not resolved through this informal process, a municipality may request a confidential nonbinding mediation with the holder of a certificate of franchise authority, with the costs of such mediation to be shared equally between the municipality and the holder of a certificate of franchise authority.
2007 Acts, ch 201, §9, 15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477A - CABLE OR VIDEO SERVICE FRANCHISES › Section 477A.9 - Nondiscrimination by municipality.

477A.9 Nondiscrimination by municipality.
1. A municipality shall allow the holder of a certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way.
2. A municipality shall not discriminate against the holder of a certificate of franchise authority in providing access to a municipal building or through a municipal utility pole attachment term.
2007 Acts, ch 201, §10, 15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477A - CABLE OR VIDEO SERVICE FRANCHISES › Section 477A.10 - Provider discrimination prohibited.

477A.10 Provider discrimination prohibited.
1. The purpose of this section is to prevent discrimination among potential residential subscribers.
2. A competitive cable service provider or competitive video service provider holding a certificate of franchise authority shall not deny access to any group of potential residential subscribers because of the income of residents in the local area in which such group resides.
3. a. A video service provider operating under a certificate of franchise authority that is using telecommunication facilities to provide video services and has more than five hundred thousand telecommunication access lines in this state shall extend its system to a potential subscriber, at no cost to the potential subscriber, if all of the following criteria are met:
(1) The potential subscriber is located within its authorized service area.
(2) At least two hundred fifty dwelling units are located within two thousand five hundred feet of a remote terminal.
(3) These dwelling units do not have cable or video service available from another cable service provider or video service provider.
b. This subsection shall be applicable only after the first date on which the video service provider operating under a certificate of franchise authority is providing cable service or video service to more than fifty percent of all cable and video subscribers receiving cable or video service from the holders of certificates of franchise authority and any other providers of cable or video services operating under franchise agreements with a municipality.
2007 Acts, ch 201, §11, 15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477A - CABLE OR VIDEO SERVICE FRANCHISES › Section 477A.11 - Applicability of other law.

477A.11 Applicability of other law.
1. This chapter is intended to be consistent with the federal Cable Act, 47 U.S.C. §521 et seq.
2. Except as otherwise stated in this chapter, this chapter shall not be interpreted to prevent a competitive cable service provider, competitive video service provider, municipality, or other provider of cable service or video service from seeking clarification of any rights and obligations under federal law or to exercise any right or authority under federal or state law.
2007 Acts, ch 201, §12, 15
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477C - DUAL PARTY RELAY SERVICE › Section 477C.1 - Dual party relay service — purpose.

477C.1 Dual party relay service — purpose.
The general assembly finds that the provision of a statewide dual party relay service will further the public interest and protect the health, safety, and welfare of the people of Iowa through an increase in the usefulness and availability of the telephone system. Many persons who are deaf, hard-of-hearing, or have speech disorders are not able to utilize the telephone system without this type of service. Therefore, it is the purpose of this chapter to enable the orderly development, operation, promotion, and funding of a statewide dual party relay service.
91 Acts, ch 194, §1; 93 Acts, ch 75, §6; 96 Acts, ch 1129, §96; 2020 Acts, ch 1102, §28
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477C - DUAL PARTY RELAY SERVICE › Section 477C.2 - Definitions.

477C.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Board” means the utilities board within the department of commerce created in section 474.1.
2. “Communication disorder” means the inability to use the telephone for communication without a telecommunications device for the deaf and hard of hearing.
3. “Council” means the dual party relay council established in section 477C.5.
4. “Dual party relay service” or “relay service” means a communication service which provides persons with communication disorders access to the telephone system functionally equivalent to the access available to persons without communication disorders.
5. “Telecommunications device for the deaf and hard of hearing” means any specialized or supplemental telephone equipment used by persons with communication disorders to provide access to the telephone system.
91 Acts, ch 194, §2; 2020 Acts, ch 1102, §29
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477C - DUAL PARTY RELAY SERVICE › Section 477C.3 - Dual party relay service.

477C.3 Dual party relay service.
With the advice of the council, the board shall plan, establish, administer, and promote a statewide program to provide dual party relay service as follows:
1. The board may enter into the necessary contracts and arrangements with private entities to provide for the delivery of relay service.
2. The relay service, to the extent reasonably possible, shall allow persons with communication disorders to use the telephone system in a manner and at a rate equivalent to persons without communication disorders.
3. The relay service may be provided on a stand-alone basis within the state, with other states, or with telephone utilities providing relay service in other states.
4. The board may employ additional personnel, pursuant to section 476.10, to plan, establish, administer, and promote the relay service.
91 Acts, ch 194, §3; 2020 Acts, ch 1102, §30
Referred to in §8F.2, 477C.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477C - DUAL PARTY RELAY SERVICE › Section 477C.4 - Telecommunications devices for the deaf and hard of hearing.

477C.4 Telecommunications devices for the deaf and hard of hearing.
With the advice of the council, the board may plan, establish, administer, and promote a program to secure, finance, and distribute telecommunications devices for the deaf and hard of hearing. The board may establish eligibility criteria for persons to receive telecommunications devices for the deaf and hard of hearing, including but not limited to requiring certification that the recipient cannot use the telephone for communication without a telecommunications device for the deaf and hard of hearing.
91 Acts, ch 194, §4; 2020 Acts, ch 1102, §31
Referred to in §8F.2, 477C.6
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477C - DUAL PARTY RELAY SERVICE › Section 477C.5 - Dual party relay council.

477C.5 Dual party relay council.
1. A dual party relay council is established, consisting of eleven members appointed by the board. The council shall advise the board on all matters concerning relay service and equipment distribution programs.
2. The council shall consist of:
a. Six consumers who have communication disorders.
b. Two representatives from telephone companies.
c. One representative from the office of deaf services of the department of human rights.
d. One representative from the office of the consumer advocate of the department of justice.
e. One member of the board or a designee of the board.
3. Council members who are not state or local government officers or employees shall be reimbursed for their necessary and actual expenses incurred in performance of their duties and shall receive a per diem of fifty dollars when the council is meeting, payable from moneys available to the board pursuant to section 477C.7.
91 Acts, ch 194, §5; 94 Acts, ch 1023, §57; 2020 Acts, ch 1102, §32
Referred to in §477C.2
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 477C - DUAL PARTY RELAY SERVICE › Section 477C.7 - Funding.

477C.7 Funding.
1. The board shall impose an assessment to fund the programs described in this chapter upon all wireless carriers and wire-line local exchange carriers providing telecommunications service in the state in the amount of three cents per month for each telecommunications service phone number provided in this state.
2. The entities subject to assessment shall remit the assessed amounts, as determined by the board, to a special fund, as defined under section 8.2, subsection 9. The moneys in the fund are appropriated solely to plan, establish, administer, and promote the relay service and equipment distribution programs.
3. The entities subject to assessment shall provide the information requested by the board necessary for implementation of the assessment.
4. Wire-line local exchange carriers shall not recover from intrastate access charges any portion of such assessment imposed under this section.
91 Acts, ch 194, §7; 92 Acts, ch 1163, §99; 2005 Acts, ch 17, §1; 2018 Acts, ch 1160, §23; 2021 Acts, ch 75, §7
Referred to in §476.95, 477C.5
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.3 - Petition — requirements.

478.3 Petition — requirements.
1. All petitions shall set forth:
a. The name of the individual, company, or corporation asking for the franchise.
b. The principal office or place of business.
c. The starting points, routes, and termini of the proposed lines, accompanied with a map or plat showing such details.
d. A general description of the public or private lands, highways, and streams over, across, or along which any proposed line will pass.
e. General specifications as to materials and manner of construction.
f. The maximum voltage to be carried over each line.
g. Whether or not the exercise of the right of eminent domain will be used and, if so, a specific reference to the lands described in paragraph “d” which are sought to be subject thereto.
h. An allegation that the proposed construction is necessary to serve a public use.
2. a. Petitions for transmission lines capable of operating at sixty-nine kilovolts or more and extending a distance of not less than one mile across privately owned real estate shall also set forth an allegation that the proposed construction represents a reasonable relationship to an overall plan of transmitting electricity in the public interest and substantiation of such allegations, including but not limited to, a showing of the following:
(1) The relationship of the proposed project to present and future economic development of the area.
(2) The relationship of the proposed project to comprehensive electric utility planning.
(3) The relationship of the proposed project to the needs of the public presently served and future projections based on population trends.
(4) The relationship of the proposed project to the existing electric utility system and parallel existing utility routes.
(5) The relationship of the proposed project to any other power system planned for the future.
(6) The possible use of alternative routes and methods of supply.
(7) The relationship of the proposed project to the present and future land use and zoning ordinances.
(8) The inconvenience or undue injury which may result to property owners as a result of the proposed project.
b. The utilities board may waive the proof required for such allegations which are not applicable to a particular proposed project.
c. The petition shall contain an affidavit stating that informational meetings were held in each county which the proposed project will affect and the time and place of each meeting.
3. For the purpose of this section, the term “public” shall not be interpreted to be limited to consumers located in this state.
[S13, §2120-n; C24, 27, 31, 35, 39, §8311; C46, 50, 54, 58, 62, 66, 71, 73, 75, §489.3; C77, 79, 81, §478.3]
94 Acts, ch 1136, §3
; 2001 Acts, 1st Ex, ch 4, §34, 36
; 2002 Acts, ch 1048, §3, 5; 2011 Acts, ch 25, §143
Referred to in §478.1, 478.6A, 478.31
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.4 - Franchise — hearing.

478.4 Franchise — hearing.
The utilities board shall consider the petition and any objections filed to it in the manner provided. It shall examine the proposed route or cause any engineer selected by it to do so. If a hearing is held on the petition it may hear testimony as may aid it in determining the propriety of granting the franchise. It may grant the franchise in whole or in part upon the terms, conditions, and restrictions, and with the modifications as to location and route as may seem to it just and proper. Before granting the franchise, the utilities board shall make a finding that the proposed line or lines are necessary to serve a public use and represents a reasonable relationship to an overall plan of transmitting electricity in the public interest. A franchise shall not become effective until the petitioners shall pay, or file an agreement to pay, all costs and expenses of the franchise proceeding, whether or not objections are filed, including costs of inspections or examinations of the route, hearing, salaries, publishing of notice, and any other expenses reasonably attributable to it. The funds received for the costs and the expenses of the franchise proceeding shall be remitted to the treasurer of state for deposit in the department of commerce revolving fund created in section 546.12 as provided in section 476.10.
[S13, §2120-n; C24, 27, 31, 35, 39, §8312, 8313; C46, 50, 54, 58, 62, §489.4, 489.5; C66, 71, 73, 75, §489.4; C77, 79, 81, §478.4]
87 Acts, ch 234, §431; 94 Acts, ch 1107, §82; 2009 Acts, ch 181, §53
Referred to in §476.10, 478.1, 478.6A, 478.13
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.5 - Notice — objections filed.

478.5 Notice — objections filed.
Upon the filing of such petition, the utilities board shall cause a notice, addressed to the citizens of each county through which the proposed line or lines will extend, to be published in a newspaper located in each such county for two consecutive weeks. Said notice shall contain a general statement of the contents and purpose of the petition, a general description of the lands and highways to be traversed by the proposed line or lines, and shall state that any objections thereto must be filed in writing with the board not later than twenty days after the date of last publication of the notice. Any person, company, city, or corporation whose rights may be affected, shall have the right to file written objections to the proposed improvement or to the granting of such franchise; such objections shall be filed with the board not later than twenty days after the date of last publication and shall state the grounds therefor. The board may allow objections to be filed later in which event the applicant must be given reasonable time to meet such late objections.
[S13, §2120-n; C24, 27, 31, 35, 39, §8312, 8313; C46, 50, 54, 58, 62, §489.4, 489.5; C66, 71, 73, 75, §489.5; C77, 79, 81, §478.5]
Referred to in §478.31
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.6 - Taking under eminent domain.

478.6 Taking under eminent domain.
1. Upon the filing of objections or when a petition involves the taking of property under the right of eminent domain, the utilities board shall set the matter for hearing and fix a time and place for the hearing. The hearing shall be not less than thirty days from the date of last publication and, where a new proposed transmission line exceeds one mile in length, shall be held in the county seat of the county located at the midpoint of the proposed electric transmission line. Written notice of the time and place of the hearing shall be served by the board, by ordinary mail, on the applicant, and those having filed objections. If no objections are filed and the petition does not involve the taking of property under the right of eminent domain, the board may grant a franchise without a hearing; however, the board may conduct a hearing if the board deems it necessary.
2. Where a petition seeks the use of the right of eminent domain over specific parcels of real property, the board shall prescribe the notice to be served upon the owners of record and parties in possession of the property over which the use of the right of eminent domain is sought. The notice shall include the statement of individual rights required pursuant to section 6B.2A, subsection 1.
3. When the board grants a franchise to any person, company, or corporation for the construction, erection, maintenance, and operation of transmission lines, wires, and cables for the transmission of electricity, such person, company, or corporation shall be vested with the power of condemnation to such extent as the board may approve and find necessary for public use.
[C66, 71, 73, 75, §489.6; C77, 79, 81, §478.6; 81 Acts, ch 159, §1]
2000 Acts, ch 1179, §23, 30; 2018 Acts, ch 1041, §127
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.6A - Merchant line franchises — requirements — limitations.

478.6A Merchant line franchises — requirements — limitations.
1. For purposes of this section, “merchant line” means a high-voltage direct current electric transmission line which does not provide for the erection of electric substations at intervals of less than fifty miles, which substations are necessary to accommodate both the purchase and sale to persons located in this state of electricity generated or transmitted by the franchisee.
2. Notwithstanding section 478.21, in addition to any other applicable requirements pursuant to this chapter, if a petition for a franchise to construct a merchant line that involves the taking of property under eminent domain is not approved by the board and a franchise granted within three years following the date the petition is filed with the board pursuant to section 478.3, the board shall reject the petition and make a record of the rejection. If the hearing on the petition conducted pursuant to section 478.4 has been held within the three-year period following the date the petition is filed, but the board has not completed its deliberations within that three-year period, the three-year period may be extended by the board to allow completion of deliberations. A petitioner shall not file a petition for the same or a similar project that has been rejected within sixty months following the date of rejection if the rejection was for failure to be approved within three years following the date the petition was filed as provided in this subsection.
2016 Acts, ch 1129, §9; 2016 Acts, ch 1138, §37 – 39; 2017 Acts, ch 29, §136
Referred to in §6A.21
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.7 - Form of franchise.

478.7 Form of franchise.
The general counsel for the utilities board shall prepare a blank form of franchise, which shall provide space for a general description of the improvement authorized, the name and address of the person or corporation to whom granted, the general terms and conditions upon which the franchise is granted, and other things as necessary. This blank form shall be filled out and signed by the chairperson of the utilities board which grants the franchise, and the official seal shall be attached. The franchise is subject to regulations and restrictions as the general assembly prescribes, and to rules, not inconsistent with statutes, as the utilities board may establish.
[S13, §2120-n; C24, 27, 31, 35, 39, §8314; C46, 50, 54, 58, 62, §489.6; C66, 71, 73, 75, §489.7; C77, 79, 81, §478.7]
83 Acts, ch 127, §41
Legislative control in general, §491.39
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.8 - Valuation of franchise.

478.8 Valuation of franchise.
No financial consideration shall be charged for such franchise. In fixing the value for rate-making purposes of the property of any person, company, or corporation owning it or operating under it no account shall be taken of, and no increased value shall be allowed for, any such franchise, except that the reasonable cost to the petitioners of obtaining said franchise may be included in the cost of constructing said line.
[C24, 27, 31, 35, 39, §8315; C46, 50, 54, 58, 62, §489.7; C66, 71, 73, 75, §489.8; C77, 79, 81, §478.8]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.9 - Exclusive rights — duration of franchise.

478.9 Exclusive rights — duration of franchise.
No exclusive right shall ever be given by franchise or otherwise to any person, company, corporation, or city to conduct electrical energy, or to place electric wires, along or over or across any public highway or public place or ground; and no franchise or privilege shall ever be granted for any such purpose for a longer period than twenty-five years.
[C24, 27, 31, 35, 39, §8316; C46, 50, 54, 58, 62, §489.8; C66, 71, 73, 75, §489.9; C77, 79, 81, §478.9]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.10 - Franchise transferable — notice.

478.10 Franchise transferable — notice.
When any electric transmission line or lines are sold and transferred either by voluntary or judicial sale, the transfer shall carry with it the franchise under which the improvement is owned, maintained, or operated. If a transfer of such franchise is made before the improvement for which it was issued is constructed, in whole or in part, the transfer shall not be effective until the person, company, or corporation to whom it was issued files in the office of the utilities board granting the franchise a notice in writing stating the date of the transfer and the name and address of the transferee.
[C24, 27, 31, 35, 39, §8317; C46, 50, 54, 58, 62, §489.9; C66, 71, 73, 75, §489.10; C77, 79, 81, §478.10]
2021 Acts, ch 80, §311
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.11 - Record of franchises.

478.11 Record of franchises.
The utilities board shall keep a record of all such franchises granted and issued by it, when and to whom issued, with a general statement of the location, route, and termini of the transmission line or lines covered by the franchise. When any transfer of a franchise has been made as provided in this chapter, the board shall also make note upon its record of the date of the transfer and the name and address of the transferee.
[C24, 27, 31, 35, 39, §8318; C46, 50, 54, 58, 62, §489.10; C66, 71, 73, 75, §489.11; C77, 79, 81, §478.11]
2022 Acts, ch 1021, §124
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.12 - Acceptance of franchise.

478.12 Acceptance of franchise.
Any person, company, or corporation obtaining a franchise as provided in this chapter, or owning or operating under one, shall be conclusively held to an acceptance of the provisions of this chapter and of all laws relating to the regulation, supervision, or control of franchises which are now in force or which may be hereafter enacted, and to have consented to such reasonable regulation as the utilities board may, from time to time, prescribe. The provisions of this chapter shall apply equally to assignees as well as to original owners.
[S13, §2120-p; C24, 27, 31, 35, 39, §8319; C46, 50, 54, 58, 62, §489.11; C66, 71, 73, 75, §489.12; C77, 79, 81, §478.12]
2022 Acts, ch 1021, §125
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.13 - Extension of franchise — public notice.

478.13 Extension of franchise — public notice.
1. Any person, firm, or corporation owning a franchise granted under this chapter or previously existing law may petition the utilities board for an extension of the franchise. The board shall adopt rules governing extension applications and proceedings with the intent that the extension applications and proceedings are less extensive than original applications and proceedings. Assessment of costs shall be as provided in section 478.4.
2. If the extension of franchise is sought for all lines in a given county or counties, the published notice need not contain a general description of the lands and highways traversed by the lines, but in lieu of containing such description the petitioner may offer to provide to any interested party, free of charge and within ten working days, a current, accurate map showing the location of the lines for which the franchise extension is sought. The public notice shall advise the citizens of the county or counties affected of the availability of such map. If this alternate procedure is not followed, the publication of the description of the lands and highways traversed by the lines shall be done in the manner as in an original application for franchise.
3. An extension under this section shall be granted only for a valid, existing franchise, and the lands, roads, or streams covered by the franchise over, through, or upon which electric transmission lines have in fact been erected or constructed and are in use or operation at the time of the application for the extension of the franchise.
4. The application for the extension of the franchise shall be accompanied by the written consent of the applicant that the provisions of all laws relating to public utilities, franchises, and transmission lines, or to the regulation, supervision, or control thereof which are then in force or which may be thereafter enacted, shall apply to its existing line or lines, franchises, and rights as if the franchise had been granted, the lines had been constructed, or rights had been obtained under the provisions of this chapter.
5. An extension of a franchise is not required for an electric transmission line that has been permanently retired from operation at sixty-nine kilovolts or more but that remains in service at a lower voltage. The board shall be notified of changes in operating status.
[S13, §2120-o; C24, 27, 31, 35, 39, §8320; C46, 50, 54, 58, 62, §489.12; C66, 71, 73, 75, §489.13; C77, 79, 81, §478.13]
94 Acts, ch 1136, §4; 97 Acts, ch 63, §1; 2002 Acts, ch 1048, §4, 5; 2002 Acts, ch 1097, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.14 - Service furnished.

478.14 Service furnished.
1. Any city which owns or operates a system for the distribution of electric light or power, and which has obtained electric energy for such distribution from any person or firm or corporation owning or operating an electric light and power plant or transmission line, shall be entitled to have the service reasonably needed by such municipality and its patrons continued at and for a reasonable rate and charge and under reasonable rules of service.
2. It shall be unlawful for the owner or operator of the light and power plant or transmission line to disconnect or discontinue such service, except during nonpayment of reasonable charges, so long as the operator holds or enjoys any franchise to go upon or use any public streets, highways, or grounds.
3. Until the municipality and the operator shall agree upon a rate or charge for the service the municipality shall pay and the operator shall accept the rate provided in the expired contract if any existed, and, if none existed, then the rate before paid. This shall be without prejudice, however, to the right of either party to test in court or before any lawfully constituted rate-making tribunal the reasonableness of the rate.
4. This section shall not apply if the original service to the municipality was given in case of emergency or for any other temporary purpose.
[C24, 27, 31, 35, 39, §8321; C46, 50, 54, 58, 62, §489.13; C66, 71, 73, 75, §489.14; C77, 79, 81, §478.14]
2016 Acts, ch 1011, §87
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.17 - Access to lines — damages.

478.17 Access to lines — damages.
Individuals or corporations operating transmission lines shall have reasonable access to the transmission lines for the purpose of constructing, reconstructing, enlarging, repairing, or locating the poles, wires, or construction and other devices used in or upon any line, but shall pay to the owner of the lands and of crops all the lands* all damages to the lands or crops caused by entering, using, and occupying the lands for those purposes. This section shall not prevent the execution of an agreement between the person or company owning or operating the lines and the owner of the land or crops regarding the use of the land.
[S13, §2120-t; C24, 27, 31, 35, 39, §8324; C46, 50, 54, 58, 62, §489.16; C66, 71, 73, 75, §489.17; C77, 79, 81, §478.17]
2022 Acts, ch 1021, §126
*The phrase “crops on the lands” probably intended; corrective legislation is pending
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.18 - Supervision of construction — location.

478.18 Supervision of construction — location.
1. The utilities board shall have power of supervision over the construction of a transmission line and over its future operation and maintenance.
2. A transmission line shall be constructed near and parallel to roads, to the right-of-way of the railways of the state, or along the division lines of the lands, according to the government survey, wherever the same is practicable and reasonable, and so as not to interfere with the use by the public of the highways or streams of the state, nor unnecessarily interfere with the use of any lands by the occupant.
[S13, §2120-r; C24, 27, 31, 35, 39, §8325; C46, 50, 54, 58, 62, §489.17; C66, 71, 73, 75, §489.18; C77, 79, 81, §478.18]
2002 Acts, ch 1097, §2
Removal from highway, chapter 318
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.19 - Manner of construction.

478.19 Manner of construction.
1. Transmission lines shall be built of strong and proper wires attached to strong and sufficient supports properly insulated at all points of attachment; all wires, poles, and other devices which by ordinary wear or other causes are no longer safe shall be removed and replaced by new wires, poles, or other devices, as the case may be, and all abandoned wires, poles, or other devices shall be at once removed. Where wires carrying current are carried across, either above or below wires used for other service, the said transmission line shall be constructed in such manner as to eliminate, so far as practicable, damages to persons or property by reason of said crossing. There shall also be installed sufficient devices to automatically shut off electric current through said transmission line whenever connection is made whereby current is transmitted from the wires of said transmission line to the ground, and there shall also be provided a safe and modern improved device for the protection of said line against lightning. The utilities board shall have power to make and enforce such further and additional rules relating to location, construction, operation and maintenance of transmission lines as may be reasonable.
2. All transmission lines, wires or cables outside of cities for the transmission, distribution or sale of electric current at any voltage shall be constructed and maintained in accordance with standards adopted by rule by the utilities board.
[S13, §2120-r; C24, 27, 31, 35, 39, §8326; C46, 50, 54, 58, 62, §489.18; C66, 71, 73, 75, §489.19; C77, 79, 81, §478.19]
84 Acts, ch 1101, §3; 2018 Acts, ch 1026, §147
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.20 - Distance from buildings.

478.20 Distance from buildings.
No transmission line shall be constructed, except by agreement, within one hundred feet of any dwelling house or other building, except where said line crosses or passes along a public highway or is located alongside or parallel with the right-of-way of any railway company. In addition to the foregoing, each person, company, or corporation shall conform to any other rules, regulations, or specifications established by the utilities board, in the construction, operation, or maintenance of such lines.
[S13, §2120-r; C24, 27, 31, 35, 39, §8327; C46, 50, 54, 58, 62, §489.19; C66, 71, 73, 75, §489.20; C77, 79, 81, §478.20]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.21 - Nonuse — revocation of franchise — extensions of time.

478.21 Nonuse — revocation of franchise — extensions of time.
1. If the improvement for which a franchise is granted is not constructed in whole or in part within two years from the date the franchise is granted, or within two years after final unappealable disposition of judicial review of a franchise order or of condemnation proceedings, the franchise shall be forfeited and the utilities board which granted the franchise shall revoke the franchise and make a record of the revocation, unless the person holding the franchise petitions the board for an extension of time.
2. Upon a showing of sufficient justification for the delay of construction, the board may grant one or more extensions of time for periods up to two years for each extension.
[C24, 27, 31, 35, 39, §8329; C46, 50, 54, 58, 62, §489.20; C66, 71, 73, 75, §489.21; C77, 79, 81, §478.21]
94 Acts, ch 1136, §5; 2002 Acts, ch 1097, §3
Referred to in §478.6A
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.22 - Action for violation.

478.22 Action for violation.
When the board determines that a person is in violation of this chapter, the board may commence an action in the district court of the county in which the violation is alleged to have occurred, for injunctive relief or other appropriate remedy.
[C24, 27, 31, 35, 39, §8330; C46, 50, 54, 58, 62, §489.21; C66, 71, 73, 75, §489.22; C77, 79, 81, §478.22]
91 Acts, ch 112, §1
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.23 - Prior franchises — legislative control.

478.23 Prior franchises — legislative control.
Any such franchise granted under previously existing law shall not be abrogated by the provisions of this chapter, but all such franchises and all franchises granted under the provisions of this chapter shall be subject to further legislative control.
[C24, 27, 31, 35, 39, §8331; C46, 50, 54, 58, 62, §489.22; C66, 71, 73, 75, §489.23; C77, 79, 81, §478.23]
2022 Acts, ch 1032, §75
Section amended
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.24 - Violations.

478.24 Violations.
Any person, company, or corporation constructing or undertaking to construct or maintain any electric transmission line, without first procuring a franchise for such purpose in accordance with the provisions of this chapter, shall be guilty of a serious misdemeanor; and for violating any of the other provisions of this chapter relating to electric transmission lines or disobeying any order or rule made by the utilities board in relation thereto, shall be guilty of a simple misdemeanor.
[S13, §1527-d; C24, 27, 31, 35, 39, §8332; C46, 50, 54, 58, 62, §489.23; C66, 71, 73, 75, §489.24; C77, 79, 81, §478.24]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.25 - Wire crossing railroads — supervision.

478.25 Wire crossing railroads — supervision.
The utilities board shall have general supervision over any and all wires whatsoever crossing under or over any railway track and shall make rules prescribing the manner in which such wires shall cross such track; but in no case shall the board prescribe a less height for any wire than twenty-two feet above the top of the rails of any railroad track.
[S13, §2120-d, -e, -h; C24, 27, 31, 35, 39, §8333; C46, 50, 54, 58, 62, §489.24; C66, 71, 73, 75, §489.25; C77, 79, 81, §478.25]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.26 - Wires across railroad right-of-way at highways.

478.26 Wires across railroad right-of-way at highways.
The utilities board shall prescribe the manner for the crossing of wires over and across railroad rights-of-way at highways and other places within the state.
[S13, §2120-i; C24, 27, 31, 35, 39, §8334; C46, 50, 54, 58, 62, §489.25; C66, 71, 73, 75, §489.26; C77, 79, 81, §478.26]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.27 - Wires — how strung.

478.27 Wires — how strung.
No corporation or person shall place or string any such wire for transmitting electric current or any wire whatsoever across any track of a railroad except in the manner prescribed by the utilities board.
[S13, §2120-f; C24, 27, 31, 35, 39, §8335; C46, 50, 54, 58, 62, §489.26; C66, 71, 73, 75, §489.27; C77, 79, 81, §478.27]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.28 - Examination of existing wires.

478.28 Examination of existing wires.
The utilities board shall, either by personal examination or otherwise, obtain information where railroad tracks are crossed by wires contrary to, or not in compliance with, the rules prescribed by it. It shall order such change or changes to be made by the persons or corporations owning or operating such wires as may be necessary to make the same comply with said rules and within such reasonable time as it may prescribe.
[S13, §2120-g; C24, 27, 31, 35, 39, §8336; C46, 50, 54, 58, 62, §489.27; C66, 71, 73, 75, §489.28; C77, 79, 81, §478.28]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.29 - Civil penalties.

478.29 Civil penalties.
1. A person who violates a provision of this chapter is subject to a civil penalty, which may be levied by the board, of not more than one hundred dollars per violation or one thousand dollars per day of a continuing violation, whichever is greater. Civil penalties collected pursuant to this section shall be forwarded by the chief operating officer of the board to the treasurer of state to be credited to the general fund of the state and appropriated to the division of community action agencies of the department of human rights for purposes of the low income home energy assistance program and the weatherization assistance program.
2. Any civil penalty may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in compromise, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance after notification of a violation.
[S13, §2120-j; C24, 27, 31, 35, 39, §8337; C46, 50, 54, 58, 62, §489.28; C66, 71, 73, 75, §489.29; C77, 79, 81, §478.29]
83 Acts, ch 127, §42; 91 Acts, ch 112, §2; 2017 Acts, ch 169, §44, 49; 2018 Acts, ch 1160, §24
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.30 - Crossing highway.

478.30 Crossing highway.
Nothing in this chapter shall prevent any such individual or corporation having its high tension line on its own private right-of-way on both sides of any highway, from crossing such public highway under such rules and regulations as the utilities board may prescribe, and subject from time to time to legislative control as to duration and use.
[C24, 27, 31, 35, 39, §8338; C46, 50, 54, 58, 62, §489.29; C66, 71, 73, 75, §489.30; C77, 79, 81, §478.30]
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.31 - Temporary permits for lines less than one mile.

478.31 Temporary permits for lines less than one mile.
1. Notwithstanding the provisions of section 478.1, any person, company, or corporation proposing to construct an electric transmission line not exceeding one mile in length and which does not involve the taking of property under the right of eminent domain may obtain a temporary construction permit from the utilities board by proceeding in the manner set forth in this section. The person, company, or corporation shall first file with the board a verified petition setting forth the requirements of section 478.3, subsection 1, paragraphs “a” through “h”, with the further allegation that the petitioner is the nearest electric utility to the proposed point of service.
2. The petition shall also state that the filing thereof constitutes an application for a temporary construction permit and shall also have endorsed thereon the approval of the appropriate highway authority or railroad concerned if such line is to be constructed over, across, or along a public highway or railroad.
3. Upon receipt of the petition, the utilities board shall consider same and may grant a temporary construction permit in whole or in part or upon such terms, conditions, and restrictions, and with such modifications as to location as may seem to it just and proper. A finding of public use shall not be made at the time of the issuance of the permit, but shall be made, if substantiated by petitioner, at the subsequent consideration of the propriety of granting a franchise for the line subject to the permit. The signature of one utilities board member on the permit shall be sufficient. The issuance of the permit shall constitute temporary authority for the permit holder to construct the line for which the permit is granted.
4. Upon the granting of such temporary construction permit, the utilities board shall cause the publication of notice required by section 478.5 and all other requirements shall be complied with as in the manner provided for the granting of a franchise. If a hearing is required, then the petitioner shall make a sufficient and proper showing thereat before a franchise will be issued for the line. Any franchise issued will be subject to all applicable provisions of this chapter.
5. Notwithstanding subsections 1 through 4, if the utilities board shall determine that a franchise should not be granted, or that further restrictions, conditions, or modifications are required, or if the petitioner shall fail to make a sufficient and proper showing of the necessity for the granting of a franchise within six months of the granting of the temporary construction permit, the permit issued hereunder shall become null and void and the permit holder may be required to take such action deemed necessary by the board to remove, modify, or relocate the construction undertaken by virtue of the temporary permit issued hereunder.
[C66, 71, 73, 75, §489.31; C77, 79, 81, §478.31]
2015 Acts, ch 30, §156
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.32 - Rehearing — judicial review.

478.32 Rehearing — judicial review.
Any person, company, or corporation aggrieved by the action of the utilities board in granting or failing to grant a franchise under the provisions of this chapter, shall be entitled to the rehearing procedure provided in section 476.12. Judicial review of actions of the board may be sought in accordance with the terms of the Iowa administrative procedure Act, chapter 17A.
[C71, 73, 75, §489.32; C77, 79, 81, §478.32]
2003 Acts, ch 44, §114
2023 Iowa Code › Title XI - NATURAL RESOURCES › Chapter 478 - ELECTRIC TRANSMISSION LINES › Section 478.33 - Cancellation.

478.33 Cancellation.
A person seeking to acquire an easement or other property interest for the construction, maintenance, or operation of an electric transmission line shall:
1. Allow the landowner or a person serving in a fiduciary capacity in the landowner’s behalf to cancel any agreement granting an easement or other interest by certified mail with return requested to the company’s principal place of business if received by the company within seven days, excluding Saturday and Sunday, of the date of the contract and inform the landowner or such fiduciary in writing of the right to cancel prior to the signing of the agreement by the landowner or such fiduciary.
2. Provide the landowner or a person serving in a fiduciary capacity in the landowner’s behalf with a form in duplicate for the notice of cancellation.
3. Not record any agreement until after the period for cancellation has expired.
4. Not include in the agreement any waiver of the right to cancel in accordance with this section. The landowner or a person serving in a fiduciary capacity in the landowner’s behalf may exercise the right of cancellation only once for each transmission line project.
[C81, §478.33]