ARC 0683D

ARC 0683D

COMMUNICATIONS NETWORK, IOWA[751]

Adopted and Filed

Rulemaking related to authorized use and users

    The Iowa Communications Network (ICN) hereby rescinds Chapter 7, “Authorized Use and Users,” Iowa Administrative Code, and adopts a new Chapter 7 with the same title.

Legal Authority for Rulemaking

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

Public Comment and Changes to Rulemaking

    Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on September 2, 2026, as ARC 0507D. A public hearing was held on the following date(s):

     ?   September 30, 2026

     ?   October 1, 2026

    No one attended the public hearings. No public comments were received. No changes from the Notice have been made.

Adoption of Rulemaking

    This rulemaking was adopted by the ICN Executive Director on October 7, 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 ICN for a waiver of the discretionary provisions, if any, pursuant to 751—Chapter 2504.

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).

Effective Date

    This rulemaking will become effective on December 2, 2026.

    The following rulemaking action is adopted:

    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).

[Filed 10/7/26, effective 12/2/26]

[Published 10/28/26]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 10/28/26.