ARC 0507D

ARC 0507D

COMMUNICATIONS NETWORK, IOWA[751]

Notice of Intended Action

Proposing rulemaking related to authorized use and users
and providing an opportunity for public comment

    The Iowa Communications Network hereby proposes to rescind Chapter 7, “Authorized Use and Users,” Iowa Administrative Code, and to adopt a new Chapter 7 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code chapter 8D.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 8D and Executive Order 10.

Purpose and Summary

    The proposed chapter describes the authorized use and users of the statewide network, ensuring network use is mission-based. This proposed chapter was reviewed pursuant to Executive Order 10. As a result, the Iowa Communications Network removed redundant and obsolete language.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on June 24, 2026. A public hearing was held on the following date(s):

     ?   July 15, 2026

Fiscal Impact

     This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Iowa Communications Network for a waiver of the discretionary provisions, if any, pursuant to 751—Chapter 2504.

Public Comment

     Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Iowa Communications Network no later than 4:30 p.m. on October 1, 2026. Comments should be directed to:

Public Hearing

    Public hearings at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Iowa Communications Network and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 751—Chapter 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7

AUTHORIZED USE AND USERS

751—7.1(8D) Definitions. For the purposes of interpreting these rules, the following definitions are applicable.

    “Authorized facility” means a site operated by an authorized user that is consistent with the written mission of the authorized user.

    “Authorized use” means use of the network by an authorized user or by persons acting on behalf of an authorized user as provided in this chapter for the following purposes of the authorized user: (1) state or federal communications as defined in this chapter; (2) education or educational purposes as defined in this chapter; (3) training programs provided under state law and training programs developed by authorized users; (4) telemedicine or related purposes as defined in this chapter; (5) official governmental use by a state agency or a federal agency as defined in this chapter consistent with authorized purposes under applicable state or federal law; (6) establishing and operating a shared data only network for law enforcement, emergency management, disaster services, emergency warning and other emergency information dissemination services to federal, state and local law enforcement agencies and local emergency management offices; or (7) city of Des Moines.

    “Authorized user” means a private or public agency as defined in Iowa Code section 8D.2.

    “Private agency” means an accredited nonpublic school, a nonprofit institution of higher education eligible for tuition grants, a hospital licensed pursuant to Iowa Code chapter 135B, or a physician clinic to the extent provided in Iowa Code section 8D.13(13).

    “Public agency” means a state agency, an institution under the control of the board of regents, the judicial branch as provided in Iowa Code section 8D.13(14), a school corporation, a city library, a regional library as provided in Iowa Code chapter 256, a county library as provided in Iowa Code chapter 336, or an agency of the federal government.

751—7.2(8D) Eligibility.

    7.2(1) Mission-based use. Use of the network must be consistent with the written mission of the authorized user.

    7.2(2) Unauthorized use. The network shall not be used for personal, commercial, or political purposes, except as specifically authorized by law.

751—7.3(8D) Authorized facility connectivity.

    7.3(1) Education. Public and private K-12 schools, area education agencies, and higher education institutions may connect directly to the network.

    7.3(2) State agencies. State boards, commissions or departments; the Iowa national guard; and the executive, legislative, and judicial branches may connect directly to the network.

    7.3(3) Telemedicine. Hospitals and physician clinics (as defined in Iowa Code section 8D.13(13)) may connect for telemedicine and educational purposes.

    7.3(4) Federal. A board, commission, department, or agency of the federal government may connect to the network as provided in Iowa Code section 8D.13(13).

These rules are intended to implement Iowa Code sections 8D.2, 8D.3(1), 8D.3(3)“b,” and 8D.13(14) through 8D.13(17).