reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 7 - Authorized Use and Users › Rule 751-7.7 - Use or Access to Full Motion Interactive Video Services-prerequisites

Current through Register Vol. 47, No. 3, July 24, 2024
The full motion interactive video services may be used by
				certain persons and entities if the use meets the following conditions:
1. The use is within the requesting
			 authorized user's written mission; and
2. A representative of the authorized user is
			 present and participating in the session; or
3. The authorized user has a written contract
			 with the person accessing the network; and
4. The use does not facilitate or enable a
			 private person or entity to use the network for direct pecuniary gain.
(1)
Use or access to full motion
			 interactive video services.
The following persons may access the
			 network for video transmissions at the facility of an authorized user if the
			 use satisfies the conditions outlined above:
a. Alumni of educational
			 institutions;
b. Educational member
			 associations;
c. Parent-teacher
			 organizations, for example, parent-teacher associations, home and school
			 associations;
d. Professional
			 boards where educational employees serve, for example, a university professor
			 serves on the board of the Iowa Association of Economists;
e. State and federal government-sponsored
			 entity employees, for example, Federal Home Loan Bank Board employees, Federal
			 Deposit Insurance Corporation employees;
f. Vendors and service providers;
g. State or federal governmental association
			 members;
h. State or federal
			 governmental employee union members;
i. Other state governmental
			 employees;
j. Professional boards
			 where state or federal employees serve, for example, state employees serving on
			 the Association of Business and Industry;
k. City and county employees;
l. Local elected officials;
m. Local boards, commissions, advisory
			 councils or committees;
n. Fire
			 department employees and staff whether paid or volunteer;
o. Federal, state and local law enforcement
			 employees and staff;
p. Emergency
			 management employees and staff;
q.
			 County sheriff's office employees and staff;
r. Local government associations, for
			 example, League of Cities, ISAC;
s.
			 Patients acting under the direction of a licensed health care
			 professional;
t. Health care
			 employees of facilities that have a contractual agreement with a hospital or
			 physician clinic;
u. Health care
			 employees of facilities that do not have a contractual agreement with a
			 hospital or physician clinic;
v.
			 Medical association members, for example, members of the Association of Iowa
			 Hospitals and Health Systems, members of Iowa Medical Society, members of the
			 Iowa Osteopathic Medical Association, members of the Iowa Chiropractic Society,
			 members of the Iowa Nurses Association;
w. Professional boards on which health
			 professionals serve, for example, a physician serving on the board of the
			 American Cancer Society.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 7 - Authorized Use and Users › Rule 751-7.8 - Use or Access for Home-schooled Students With Dual Enrollment

Current through Register Vol. 47, No. 3, July 24, 2024
A home-schooled student with dual enrollment may use the ICN at
				the school district at which the student is enrolled subject to a written local
				school district policy for serving home-schooled students with dual
				enrollment.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 7 - Authorized Use and Users › Rule 751-7.9 - Use or Access for U.s. Post Office Employees

Current through Register Vol. 47, No. 3, July 24, 2024
U.S. Post Office employees acting under a contractual pilot or
				demonstration project may use or access the voice, data, and video services of
				the network including Internet access if the use or access is part of an
				authorized or contractual pilot or demonstration project.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 7 - Authorized Use and Users › Rule 751-7.10 - Use or Access by Shared Data Network Users

Current through Register Vol. 47, No. 3, July 24, 2024
The following persons may use or access the shared data network
				described in Iowa Code section 8D. 13(19) if the use is for the purpose of
				establishing and operating a shared data only network providing law
				enforcement, emergency management, disaster service, emergency warning, and
				other emergency information dissemination sendees to federal, state, and local
				law enforcement agencies as provided in Iowa Code section
				80.9,
				and local emergency management offices established under the authority of Iowa
				Code sections
				29C.9
				and
				29C.10:
1. Federal, state or local law enforcement
			 personnel;
2. Emergency management
			 personnel;
3. Disaster management
			 site and facility personnel;
4.
			 Other emergency information dissemination personnel;
5. Local emergency management
			 personnel.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 7 - Authorized Use and Users › Rule 751-7.11 - Use or Access to Telemedicine Users

Current through Register Vol. 47, No. 3, July 24, 2024
The following persons and entities may use or access the
				network for data and video services including access to the Internet if the use
				is for telemedicine or educational purposes:
1. Licensed health care professionals or
			 licensed health care professionals who function under the direction of or in
			 collaboration with a physician or a hospital, or both, for example, other
			 doctors, students, nurses, physician's assistants, therapists, clinical social
			 workers, psychologists;
2. Hospital
			 or physician clinic staff members;
3. Professional boards on which health
			 professionals serve, for example, a nurse serving on the board of the American
			 Cancer Society;
4. Patients acting
			 under the direction of a licensed health care professional;
5. Health care employees of facilities that
			 have a contractual agreement with the hospital or physician;
6. Health care employees of facilities that
			 do not have a contractual agreement with the hospital or physician
			 clinic;
7. Employees of health care
			 associations for various health care employees, for example, Association of
			 Iowa Hospitals and Health Systems, Iowa Medical Society, Iowa Osteopathic
			 Medical Association, Iowa Chiropractic Society, Iowa Nurses
			 Association;
8. Professional board
			 members where a health care professional serves as a member of a board, for
			 example, a physician serving on the board of the American Cancer
			 Society.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 9 - Requests for Waiver of Network Use by Certified Users › Rule 751-9.1 - Request for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A certified user is entitled to file a request for a waiver
				pursuant to Iowa Code section
				8D.9(2).
				For the purposes of this chapter, "certified user" means an area education
				agency or community college that has certified with the commission that it is
				or will be a part of the network.
(1)
Conditions.
a. One of the
			 following conditions shall be satisfied in the request:
(1) The costs to the certified user for
			 services provided by the network are not competitive with the same services
			 available from another provider.
(2) The certified user is under contract with
			 another provider for such services, provided the contract was entered into
			 prior to April 1, 1994. The certified user shall use the network for video,
			 data, and voice requirements that are not provided pursuant to such
			 contract.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 9 - Requests for Waiver of Network Use by Certified Users › Rule 751-9.2 - Request for Proposal, Direct Negotiation

Current through Register Vol. 47, No. 3, July 24, 2024
A certified user may issue a request for proposals (RFP) or a
				request for information (RFI) or negotiate directly with public and private
				vendors for the provision of telecommunication services.
If a certified user seeks a waiver and is unable to supply the
				information necessary for the commission to make a determination as to the
				competitiveness of its services and the services provided by the certified
				user's proposed vendor, for whatever reason, including but not limited to
				restrictions imposed by a nondisclosure agreement, the commission may deny the
				request for a waiver. An affidavit from the certified user indicating that the
				commission's services are not competitive will not be sufficient to support a
				grant of waiver under these rules or Iowa Code section
				8D.9.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 9 - Requests for Waiver of Network Use by Certified Users › Rule 751-9.3 - Contents for Waiver Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Upon receipt of a request for a waiver pursuant to Iowa Code
				section
				8D.9(2),
				commission staff members will forward a copy of the request to the commission
				members along with any supplemental information filed by the petitioner. The
				petitioner shall specifically address each reason for which it is seeking a
				waiver, and recite any facts supporting its response. The petitioner shall
				enclose copies of all related letters, records, or other documents in support
				of its request. Filing a request for a waiver shall not commence a contested
				case proceeding.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 9 - Requests for Waiver of Network Use by Certified Users › Rule 751-9.4 - Waiver Investigation, Limited Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
The commission staff shall commence a waiver investigation upon
				receipt of the petition for a waiver. The commission staff may make requests
				for supporting data from the petitioner or propound interrogatories to the
				petitioner or conduct depositions of relevant persons regarding information
				possessed by the petitioner relative to the waiver petition. Data requests or
				interrogatories served by commission staff shall either be responded to or
				objected to, with a concisely stated ground for relief, within seven days of
				receipt. The commission chair shall rule on all objections. Depositions of
				relevant persons must be conducted within 30 days after the petition for waiver
				is filed unless the parties agree otherwise.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 9 - Requests for Waiver of Network Use by Certified Users › Rule 751-9.5 - Notice of Hearing and Discovery

Current through Register Vol. 47, No. 3, July 24, 2024
Within 20 days after the petition for a waiver has been filed
				with the commission, the staff will notify the petitioner of the time and place
				for a hearing before the commission. Any information the staff has assembled
				for the commission to consider shall be made available to the petitioner at
				least 30 days before a meeting of the commission where the petitioner's request
				for waiver will be considered. The petitioner shall have the right to pose
				interrogatories or depose staff members involved in the development of any
				information for the commission to consider. The hearing to consider the waiver
				shall be held within 90 days after receipt of the request for the waiver unless
				the parties agree otherwise.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 9 - Requests for Waiver of Network Use by Certified Users › Rule 751-9.6 - Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
At the commission meeting where the petition is considered, the
				petitioner and the commission staff will have an opportunity to present any
				relevant evidence to the commission bearing on the appropriateness of the
				petition. The hearing will be informal. The hearing will be mechanically
				recorded. The recording shall constitute the official record of the hearing.
				Either party may at its own expense have a certified court reporter present to
				record the hearing. In the event of an appeal, the appealing party shall, at
				its cost, be responsible for transcribing the record of the meeting for
				judicial review.
(1)
Official
			 record and in camera requests.
All of the information received by the
			 commission from the staff and the petitioner including the petition and
			 attachments will be included in the record of the hearing. The petitioner may
			 ask the commission to examine any proprietary information in camera and in
			 conformance with Iowa Code chapter 22. The tape recording for the hearing and
			 the evidence presented to the commission will constitute the record of the
			 proceeding.
(2)
Decision.
The commission members, the petitioner and the staff
			 will be afforded an opportunity to ask questions regarding the information
			 presented at the time of the meeting. At the close of the meeting, the
			 commission will issue a decision that is dictated into the record or the matter
			 will be taken under advisement to be discussed and decided at a subsequent
			 public meeting. The commission's decision shall be reduced to writing and shall
			 constitute final agency action.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 9 - Requests for Waiver of Network Use by Certified Users › Rule 751-9.7 - Evaluation Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
In considering the evidence regarding competitive service, the
				commission may consider any of the following:
(1) The type of third-party service being
			 offered to the petitioner versus the type of service the commission can
			 offer.
(2) The direct costs of
			 service being offered to the petitioner versus the direct cost of the service
			 offered by the commission, including but not limited to the following:
a. The unit cost of individual
			 services;
b. The cost for bundled
			 services;
c. The costs of leased
			 lines to access an individual service;
d. The cost of installation
			 charges;
e. The cost of
			 coordination fees;
f. The costs of
			 equipment necessary to access a service;
g. The costs of setup fees;
h. Any other direct cost related to the
			 service sought by the certified user and identified in the evidence presented
			 to the commission.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 9 - Requests for Waiver of Network Use by Certified Users › Rule 751-9.8 - Voluntary Decertification

Current through Register Vol. 47, No. 3, July 24, 2024
A certified user may voluntarily withdraw its certification to
				use the services of the commission. The certified user must give the commission
				60 days' prior written notice before the withdrawal will take effect. In the
				event the commission has property located on the property of the certified
				user, the commission and the certified user may enter into an agreement
				allowing the property to remain in place to serve the network. In the event the
				certified user decides to apply for certification after a voluntary withdrawal,
				the certified user will have to seek permission of the general assembly to
				recertify or as otherwise provided by law.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 10 - Use of the Network-not a Vested Right and Written Warning, Suspension, Probation, Decertification, and Revocation of Use of the Network › Rule 751-10.1 - Authorized Use Not a Vested Right

Current through Register Vol. 47, No. 3, July 24, 2024
The ability to use the fiberoptic network is a privilege
				conferred by law to any person who qualifies as an authorized
				user.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 10 - Use of the Network-not a Vested Right and Written Warning, Suspension, Probation, Decertification, and Revocation of Use of the Network › Rule 751-10.3 - Notice of the Violation

Current through Register Vol. 47, No. 3, July 24, 2024
In the event the commission determines that an authorized user
				has violated any of the provisions of these rules, the commission will provide
				a written notice by certified mail, return receipt requested, to the authorized
				user describing the violation and the penalty for the
				violation.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 10 - Use of the Network-not a Vested Right and Written Warning, Suspension, Probation, Decertification, and Revocation of Use of the Network › Rule 751-10.4 - Effective Date and Length of Suspension, Probation or Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
The effective date of the suspension, probation or revocation
				of the use or access to the network shall be 20 days following service of the
				notice of suspension, probation or revocation. An aggrieved authorized user may
				request a stay of the commission's action regarding use and ask the commission
				to reconsider its decision. The commission at its discretion may reconsider its
				decision based upon any further information or evidence the aggrieved party may
				offer to the commission. The commission may take oral testimony to supplement
				the evidence presented. The commission's decision shall be reduced to writing
				and shall constitute final agency action. The decision shall be mailed to the
				aggrieved parties. In the event the authorized user is a state agency or an
				institution governed by the board of regents, the provisions of Iowa Code
				section 679A. 19 shall govern any appeal. In the case of a suspension or
				probation, the commission has the discretion to fix the length of the
				suspension or probation relative to the severity of the violation by the
				authorized user.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 10 - Use of the Network-not a Vested Right and Written Warning, Suspension, Probation, Decertification, and Revocation of Use of the Network › Rule 751-10.5 - Methods of Service

Current through Register Vol. 47, No. 3, July 24, 2024
The notice shall be served upon the authorized user by
				certified mail, return receipt requested, or personal service in accordance
				with Rules of Civil Procedure 56.1. Alternatively, the authorized user may
				accept service personally or through authorized counsel. The notice shall set
				forth the reasons for the suspension, probation, or revocation and provide for
				an opportunity for a hearing.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 10 - Use of the Network-not a Vested Right and Written Warning, Suspension, Probation, Decertification, and Revocation of Use of the Network › Rule 751-10.6 - Decertification

Current through Register Vol. 47, No. 3, July 24, 2024
In the event a certified user violates the provisions of Iowa
				Code section
				8D.9(2)
				 and fails to obtain a waiver from the
				commission to use another service provider, and uses services from another
				provider, the commission after notice and hearing in conformance with these
				rules, may decertify the user. In the event decertification becomes final, the
				commission will remove all of its equipment from the fiberoptic termination
				site located at the user's site and terminate all services to the
				user.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 11 - Asset Allocation and Ownership › Rule 751-11.1 - Ownership of the Part I and Part Ii Equipment

Current through Register Vol. 47, No. 3, July 24, 2024
All of the facilities, cable, optronics and other equipment and
				replacements thereof installed to operate and maintain as Part I and Part II
				sites are property of the state of Iowa unless the equipment was purchased by a
				regents institution or a state agency. The commission and the state of Iowa do
				not own the interconnect from the fiberoptic termination site to the classroom
				nor any of the equipment or furnishings located within the video classroom. The
				commission has the duty to maintain all aspects of the telecommunication
				facilities, cable, optronics and other equipment and replacements thereof if
				these items are attached to Part I and Part II sites. The equipment purchased
				by the regents is subject to separate agreements between the commission and
				regents and those agreements will govern ownership and maintenance of the
				equipment purchased by the regents, this rule
				notwithstanding.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 11 - Asset Allocation and Ownership › Rule 751-11.2 - Access Defined

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, access means those persons or
				entities allowed to enter the fiberoptic termination site room and place
				equipment or other items in the fiberoptic termination site
				room.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 11 - Asset Allocation and Ownership › Rule 751-11.3 - Access to Fiberoptic Termination Site Room

Current through Register Vol. 47, No. 3, July 24, 2024
For Part I and Part II fiberoptic termination sites, the
				commission shall determine which entities shall have access to the fiberoptic
				termination site room and shall notify each authorized facility in writing as
				to the extent and nature of equipment placement in the fiberoptic termination
				site room or as otherwise allowed by written agreements in existence prior to
				December 1, 1996, or by state or federal law. Unauthorized equipment will be
				disconnected from any connections contained in the fiberoptic termination site
				room after 30 days' written notice to the owner sent by certified mail return
				receipt requested from the commission advising the owner that the presence of
				its equipment in the fiberoptic termination site room is unauthorized.
				Unauthorized equipment must be removed by the equipment owner within 90 days of
				written notice sent by the commission to the owner. If the equipment is not
				removed within this time period, the commission will remove the equipment and
				charge the owner the cost of the removal. When a commission fiberoptic
				termination site room is co-located in shared use facilities, the commission
				will negotiate an agreement with the authorized user that determines which
				entities have access and the procedures for access. Preexisting agreements
				(before December 1, 1996) for commission equipment placement between authorized
				users and the commission (or the department of general services) will be
				honored. The commission and authorized users may negotiate new agreements for
				equipment placement.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 11 - Asset Allocation and Ownership › Rule 751-11.4 - Access to Fiberoptic Termination Site Room for Part Iii

Current through Register Vol. 47, No. 3, July 24, 2024
For Part III sites, the commission shall determine which
				entities may have access to the fiberoptic termination site room at the site in
				a manner consistent with written agreements in existence prior to December 1,
				1996, or state or federal law.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 11 - Asset Allocation and Ownership › Rule 751-11.5 - Authorized Connections to the Network

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall have the sole and exclusive authority to
				determine whether any person or entity may use the commission's point of
				presence sites to connect in any location in the state where the commission has
				established a network connection as otherwise permitted by state or federal
				law. In the event the commission determines that some other person or entity
				has attempted to connect to a network location, the commission may demand
				removal of the unauthorized equipment within 90 days upon written notice to the
				owner of the equipment. In the event the equipment is not removed within 90
				days, the commission may disconnect the equipment at the owner's expense and
				prevent any further connectivity pending a hearing in conformance with
				751-Chapter 4 to determine whether the use of the network's site is
				appropriate.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 11 - Asset Allocation and Ownership › Rule 751-11.6 - Power Source to the Fiberoptic Termination Site Room

Current through Register Vol. 47, No. 3, July 24, 2024
The authorized facility shall maintain a constant source of
				power and adequate heating and cooling for the fiberoptic termination site room
				and for the equipment contained therein.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 12 - Rates and Rate Disputes › Rule 751-12.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purposes of interpreting these rules, the following
				definitions are applicable.
"Educational or training event"
on the network
				means any event designed to have an instructional outcome.
"Meeting event"
means any event on the network
				that is designed to achieve a decisional outcome including but not limited to
				meetings, hearings, mediations, discussion groups, public meetings or other
				adjudicatory proceedings.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 12 - Rates and Rate Disputes › Rule 751-12.3 - Notice of Rates

Current through Register Vol. 47, No. 3, July 24, 2024
Upon approval of rates to be charged to authorized users for
				use of any network services offered by the commission, the commission shall
				provide written notice to the affected users.
(1) A rate increase for voice and data
			 transmissions shall become effective upon the date established by the
			 commission.
(2) Video rates shall
			 be established in September of each fiscal year with an effective date of July
			 1 of the next following fiscal year.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 12 - Rates and Rate Disputes › Rule 751-12.4 - Rates for Educational Users

Current through Register Vol. 47, No. 3, July 24, 2024
Rates for educational access shall among other things ensure
				that rural communities have access to comparable services to the services
				provided in urban areas resulting from any plans to construct, install, repair,
				or maintain any part of the network. Educational rates for K-12 and area
				education agencies shall include meeting events for authorized users. All other
				meeting events for other educational users shall be charged at the
				administrative rate established for state agencies for meeting events.
				Educational use for state agencies shall be charged at the higher educational
				rate. The purpose of the meeting event shall determine the charge for the
				session not the originating or receiving sites for the meeting event itself. If
				the training or meeting event is for federal authorized users or telemedicine
				authorized users, the rate applicable to these users shall apply. An
				educational user and area education agency users other than K-12 users must
				certify the type of use it intends at the time an event is scheduled on the
				network.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 12 - Rates and Rate Disputes › Rule 751-12.5 - Rates for Telemedicine and the Federal Government

Current through Register Vol. 47, No. 3, July 24, 2024
A fee established by the commission to be charged to a hospital
				licensed pursuant to Iowa Code chapter 135B, a physician clinic, or the federal
				government shall be at an appropriate rate so that, at a minimum, there is no
				state subsidy related to the costs of the connection to or use of the network
				related to such user. The fees charged for use of the network shall be based on
				the ongoing expenses of the network.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 12 - Rates and Rate Disputes › Rule 751-12.6 - Rate Dispute Resolution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
A rate
			 dispute shall exist when the payor disagrees with the rate charged by the
			 commission for the service used by the user. A rate dispute shall not be a
			 contested case proceeding.
(2)
Factors in rate dispute.
In the event of a rate dispute, the
			 executive director, or the commission's designee (decision maker) shall decide
			 which rate is applicable for the network service used. In making such a
			 decision, the executive director or the commission's designee shall consider
			 all relevant factors known to the decision maker supplied by the commission
			 staff or the user including, but not limited to, the following:
a. Nature, frequency or duration of the use
			 requested;
b. The purpose of the
			 use;
c. The audience for the
			 use;
d. Whether the use is for
			 training, testing, a meeting or other use;
e. Whether the use is an educational
			 use;
f. Any other factor deemed
			 relevant by the decision maker based upon the evidence presented.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 13 - Site Charges and Other Fees › Rule 751-13.1 - Site Charges

Current through Register Vol. 47, No. 3, July 24, 2024
The commission, on its own or as recommended by an advisory
				committee of the commission and approved by the commission, shall permit a fee
				to be charged by a receiving site to the requesting authorized user for a video
				transmission provided on the network. The fee charged shall be for the purpose
				of recovering the operating costs of a receiving site. The fee charged shall be
				reduced by an amount received by the receiving site pursuant to a state
				appropriation for such costs, or federal assistance received for such costs.
				Fees established under this chapter shall be paid by the originating site
				directly to the receiving site. For purposes of this rule, "operating costs"
				include the costs associated with the management or coordination, operations,
				utilities, classroom, equipment, maintenance, and other costs directly related
				to providing the receiving site.
(1)
			 Site fee. The hourly charge for a site may be up to $12.50 per hour for use of
			 a classroom for interactive video transmission.
(2) Notwithstanding the provisions of the
			 introductory paragraph of rule 13.1(8D), if an entity requests a receiving site
			 location in a video classroom facility which is authorized by, but not funded
			 by the originator of the session, the video classroom facility shall bill the
			 requesting entity directly for the operating costs relating to the
			 site.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 13 - Site Charges and Other Fees › Rule 751-13.2 - Other Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The commission shall charge the following fees based on the
				ongoing operational costs of the network:
(1)
Staff time devoted to a cable
			 cut.
An administrative fee shall be added to the cost of repair for a
			 cable cut. The fee shall be charged to the person or entity who caused the
			 cable cut. The fee shall be a minimum of $150. In the event commission staff
			 members must devote more than ten hours to the cable cut repair, the actual
			 hourly rate of a telecommunications technician shall be added to the cost of
			 the cable cut for the total time all staff members are required to devote to
			 the cable cut and repair.
(2)
Informal resolution of cable cuts.
Commission staff members
			 are authorized to resolve cable cut repair costs informally including making
			 adjustments to the administrative fees attributable to the cable cut and repair
			 or the revenue lost from the cable cut. Any settlement of a disputed claim must
			 be reduced to writing.
(3)
Estimate for cable relocation cost.
An administrative fee
			 equaling the commission's cost to provide an estimate for a cable move for a
			 property owner shall be charged to the property owner. Notwithstanding the
			 foregoing, if the commission has preexisting agreements in effect prior to
			 December 1, 1996, that refer specifically to the cost of a cable relocation,
			 those agreements will be honored. The commission and authorized users may enter
			 into new agreements for construction and maintenance of the fiberoptic
			 network.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 14 - Access to Facilities › Rule 751-14.1 - Access Policy

Current through Register Vol. 47, No. 3, July 24, 2024
An authorized user shall develop written policies or rules
				governing the use of the network by authorized users as identified by 751
				-Chapter7. These policies must be consistent with the Iowa Code and these
				rules. These policies shall be filed with the commission and reviewed by the
				commission upon written request.
(1)
Contents of the written policy.
Each authorized user facility
			 shall develop at a minimum use and access policies that address the following:
a. The network is a limited access network
			 and cannot be used for a profit-making venture.
b. The use of the network must be consistent
			 with the written mission of the authorized user.
c. The user may not resell time on the
			 network. However, consistent with Iowa Code section 8D. 13, the user may charge
			 a site or usage fee to cover operational costs of the facility or as
			 established by the commission. A usage fee shall include the fees charged by a
			 university or college for services offered by the university or college, for
			 example, student housing or a computer lab fee.
d. The user may not enable for-profit persons
			 or entities to use the network for the pecuniary advantage of the for-profit
			 entity. This provision is intended to apply to video use of the network only.
			 This rule is not intended to limit the ability of the board of regents to fully
			 support various research programs and other initiatives performed under the
			 written mission statements of the regents institutions. The rule is not
			 intended to limit other authorized users from performing their missions when
			 the use of the network is otherwise authorized by these rules.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 14 - Access to Facilities › Rule 751-14.2 - Use of a Video Classroom

Current through Register Vol. 47, No. 3, July 24, 2024
The primary use of an interactive video classroom is to
				accomplish the written mission of the authorized user. The commission, through
				its various advisory councils, shall establish request for usage procedures
				that address the use and availability of video classrooms, including hours of
				operation, availability for other authorized users, discretion of authorized
				facilities to deny or cancel requested use, and other non-network related usage
				of classrooms connected to the network. The intent of such request for usage
				procedures will be to encourage the greatest allowable use of interactive video
				classrooms while preserving appropriate local authority and control over
				authorized facilities. The procedures shall be forwarded to the commission upon
				completion. The procedures shall be completed by January 1,
				1998.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 14 - Access to Facilities › Rule 751-14.3 - Hours of Operation

Current through Register Vol. 47, No. 3, July 24, 2024
A video classroom shall be open during the normal hours of
				operation for an authorized user unless other hours of operation are arranged
				by the user and the site. Sites shall, at a minimum, support access and
				facilities use Monday through Friday,7 a.m. to 10:30 p.m., and Saturday, 8 a.m.
				to 4 p.m. For sites where the institution has used its own funding for the
				fiberoptic connection and the fiberoptic termination site equipment, the
				institution may permit or deny accessibility to other authorized
				users.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 14 - Access to Facilities › Rule 751-14.4 - Charges and Financial Responsibility

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided for by subrule 13.1(2), the requesting
				authorized user is financially responsible for all commission-established site
				and site usage charges incurred for the use of the classroom.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 14 - Access to Facilities › Rule 751-14.5 - Accommodations for the Disabled

Current through Register Vol. 47, No. 3, July 24, 2024
Each authorized user site shall comply with the Americans With
				Disabilities Act and the Iowa Civil Rights Act regarding access to and use of
				the video classroom or video conference room. The requesting authorized user of
				any service offered by the commission shall comply with the Americans With
				Disabilities Act and the Iowa Civil Rights Act. The requesting authorized user
				is responsible for providing qualified interpreters or auxiliary aids if
				requested. The cost of reasonable accommodation is assumed by the requesting
				authorized user.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 14 - Access to Facilities › Rule 751-14.7 - No Endorsement

Current through Register Vol. 47, No. 3, July 24, 2024
Use of the network does not imply endorsement of, or agreement
				with, the purpose(s) or the expression of any person or entity by the
				commission or the state of Iowa or its employees or staff.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 14 - Access to Facilities › Rule 751-14.8 - Copyrighted Material

Current through Register Vol. 47, No. 3, July 24, 2024
Use of copyrighted materials shall be consistent with current
				U.S. copyright laws and definitions of fair use. Appropriate use of copyrighted
				material is the responsibility of the user, and not the
				commission.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 15 - Advisory Councils, Committees and Groups › Rule 751-15.1 - Meetings for Advisory Councils, Committees and Groups

Current through Register Vol. 47, No. 3, July 24, 2024
Any advisory councils, committees or groups established by Iowa
				Code chapter 8D or at the direction of the commission must meet at least twice
				annually. If any of these groups fail to meet and advise or provide
				recommendations to the commission, the commission may appoint new members to
				the advisory councils, committees or groups or as otherwise provided by
				law.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 15 - Advisory Councils, Committees and Groups › Rule 751-15.2 - Attendance by Members

Current through Register Vol. 47, No. 3, July 24, 2024
Each advisory council shall establish attendance policies for
				its members subject to approval by the commission. In the event the commission,
				through the recommendations of an advisory council, a committee or group,
				removes a member from an advisory council, a committee or group, the commission
				may replace that member immediately.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 15 - Advisory Councils, Committees and Groups › Rule 751-15.3 - Duties of Advisory Councils, Committees and Groups

Current through Register Vol. 47, No. 3, July 24, 2024
The advisory councils, committees and groups at a minimum shall
				have the following duties:
(1)
Develop rules.
Develop proposed rules for commission
			 consideration regarding use of and access to the network. The commission may
			 refuse to approve and adopt a proposed rule, and upon such refusal, shall
			 return the proposed rule to the advisory group proposing the rule with a
			 statement indicating the commission's reason for refusing to approve and adopt
			 the rule.
(2)
Prepare
			 reports.
As requested from time to time by the commission, provide
			 information, reports and perform special projects to assist the commission in
			 completing its mission.
(3)
Provide notices of meetings and minutes of meetings.
a. Each advisory council, committee or group
			 shall prepare minutes of its meetings and submit the minutes to the commission
			 within 30 days of the date of the meeting.
b. Each advisory council, committee or group
			 shall provide notice of its meetings to interested parties identified by the
			 commission or the advisory council, committee or group.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines a uniform process for the granting of
				waivers from rules adopted by the commission. The intent of this chapter is to
				allow persons to seek exceptions to the application of rules issued by the
				commission. This chapter shall not apply to rules that merely define the
				meaning of a statute or other provision of law or precedent if the commission
				does not possess delegated authority to bind the courts to any extent with its
				definition. To the extent another more specific provision of law governs the
				issuance of a waiver from a particular rule, the more specific provision shall
				supersede this chapter with respect to any waiver from that rule.
(1)
Definitions.
"Commission"
or
"Iowa
				telecommunications and technology commission"
means the Iowa
				telecommunications and technology commission established by Iowa Code chapter
				8D operating the Iowa Communications Network.
"Person"
means an individual, corporation,
				limited liability company, government or governmental subdivision or agency,
				business trust, estate, trust, partnership or association, or any legal
				entity.
"Waiver"
means an agency action which suspends
				in whole or in part the requirements or provisions of a rule as applied to an
				identified person on the basis of the particular circumstances of that
				person.
(2)
Authority.
a. A waiver from
			 rules adopted by the commission may be granted in accordance with this chapter
			 if (1) the commission has authority to promulgate the rule from which waiver is
			 requested or has final decision-making authority over a contested case in which
			 a waiver is requested; and (2) no statute or rule otherwise controls the
			 granting of a waiver from the rule from which a waiver is requested.
b. No waiver may be granted from a
			 requirement which is imposed by statute. Any waiver must be consistent with
			 statute.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.2 - Commission Discretion

Current through Register Vol. 47, No. 3, July 24, 2024
The decision on whether the circumstances justify the granting
				of a waiver shall be made at the discretion of the commission upon
				consideration of all relevant factors.
(1)
Criteria for waiver.
The
			 commission may, in response to a completed petition, grant a waiver from a
			 rule, in whole or in part, as applied to the circumstances of a specified
			 situation if the commission finds each of the following:
a. Application of the rule to the person at
			 issue would result in hardship or injustice to that person; and
b. Waiver on the basis of the particular
			 circumstances relative to that specified person would be consistent with the
			 public interest; and
c. Waiver in
			 the specific case would not prejudice the substantial legal rights of any
			 person; and
d. Where applicable,
			 substantially equal protection of public health, safety, and welfare will be
			 afforded by a means other than that prescribed in the particular rule for which
			 the waiver is requested.
In determining whether a waiver should be granted, the
				commission shall consider the public interest, policies and legislative intent
				of the statute on which the rule is based. When the rule from which a waiver is
				sought establishes administrative deadlines, the commission shall balance the
				special individual circumstances of the petitioner with the overall goal of
				uniform treatment of all affected persons.
Iowa Administrative Code › Agency 751 - Telecommunications and Technology Commission, Iowa › Chapter 16 - Uniform Waiver Rules › Rule 751-16.3 - Requester's Responsibilities in Filing a Waiver Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application.
All
			 petitions for waiver must be submitted in writing to the ICN main office
			 location as listed in 751-subrule 1.6(1). If the petition relates to a pending
			 contested case, a copy of the petition shall also be filed in the contested
			 case proceeding.
(2)
Content of petition.
A petition for waiver shall include the
			 following information where applicable and known to the requester (for an
			 example of a petition for waiver, see Exhibit A at the end of this chapter):
a. A description and citation of the specific
			 rule from which a waiver is requested.
b. The specific waiver requested, including
			 the precise scope and operative period that the waiver will extend.
c. The relevant facts that the petitioner
			 believes would justify a waiver.
d.
			 A signed statement from the petitioner attesting to the accuracy of the facts
			 provided in the petition and a statement of reasons that the petitioner
			 believes will justify a waiver.
e.
			 A history of any prior contacts between the commission and the petitioner
			 relating to the use of the network, other regulated activity, license, grant,
			 loan or other financial assistance affected by the proposed waiver, including a
			 description of each use of the network, license, grant, loan or other financial
			 assistance held by the requester, any notices of violation, contested case
			 hearings, or investigative reports relating to the affected use of the network,
			 regulated activity, license, grant or loan within the last five
			 years.
f. Any information known to
			 the requester regarding the commission's treatment of similar cases.
g. The name, address, and telephone number of
			 any public agency or political subdivision which also regulates the activity in
			 question or which might be affected by the granting of a waiver.
h. The name, address, and telephone number of
			 any person or entity that would be adversely affected by the granting of a
			 petition.
i. The name, address, and
			 telephone number of any person with knowledge of the relevant facts relating to
			 the proposed waiver.
j. Signed
			 releases of information authorizing persons with knowledge regarding the
			 request to furnish the commission with information relevant to the
			 waiver.