ARC 0510D

ARC 0510D

COMMUNICATIONS NETWORK, IOWA[751]

Notice of Intended Action

Proposing rulemaking related to acceptable use and enforcement
and providing an opportunity for public comment

    The Iowa Communications Network hereby proposes to rescind Chapter 10, “Use of the Network—Not a Vested Right and Written Warning, Suspension, Probation, Decertification, and Revocation of Use of the Network,” and to adopt a new Chapter 10, “Acceptable Use and Enforcement,” Iowa Administrative Code.

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 acceptable use policies and enforcement procedures for authorized users of the statewide network. 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 10 and adopt the following new chapter in lieu thereof:

CHAPTER 10

ACCEPTABLE USE AND ENFORCEMENT

751—10.1(8D) Policy and authorized use.

    10.1(1) Privilege, not a right. The ability to use the network is a privilege conferred by law to authorized users. It is not a vested property right. The commission may suspend or revoke access for violation of these rules or applicable law.

    10.1(2) Acceptable use. Authorized users shall ensure that their use of the network complies with all applicable state and federal laws, the written mission of the authorized user, and the commission’s acceptable use policies.

751—10.2(8D) Violations. The commission may suspend, revoke, or limit services to an authorized user for any of the following reasons:

    10.2(1) Failure to pay for services rendered.

    10.2(2) Use of the network for personal, commercial, or political purposes not authorized by law.

    10.2(3) Allowing an unauthorized user to access the network.

    10.2(4) Violation of the commission’s technical standards or security protocols.

    10.2(5) Any conduct prejudicial to the security or operation of the network.

751—10.3(8D) Enforcement procedure.

    10.3(1) Notice. In the event of a violation, the executive director shall provide written notice to the authorized user describing the violation and requesting a remedy.

    10.3(2) Immediate suspension. The commission may immediately suspend service without prior notice if the violation poses an immediate threat to the security or stability of the network.

    10.3(3) Decertification. If a violation is not remedied or is habitual, the commission may revoke the user’s authorization to connect to the network.

751—10.4(8D) Appeals. An authorized user aggrieved by a suspension or revocation may appeal the decision in accordance with the contested case procedures in 7—Chapter 2506.

751—10.5(8D) Privacy and content monitoring. The commission and its staff shall not monitor the content of transmissions on the network. Monitoring may only occur when necessary to effect trouble isolation and correction or to investigate a security violation or threat to the integrity of the network. Any such monitoring shall be kept to the absolute minimum necessary to resolve the issue.

These rules are intended to implement Iowa Code sections 8D.2, 8D.3(3)“b,” 8D.9 and 8D.13(14) through 8D.13(17).