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 except for a public or private agency which was required pursuant to
Iowa Code section
8D.9(1) to certify to the commission not later than
July 1, 1994, of the agency's intent to become a part of the network and which
did not provide such certification. Agencies that obtain legislative approval
to join the network after July 1,1994, will be treated as a public or private
agency for purposes of this definition and all provisions of Iowa Code chapter
8D.
"Commission " means the Iowa
telecommunications and technology commission.
"Dial-up access " means the ability of an
authorized user using technical or mechanical means to access a computer
network using a telecommunications facility and modem.
"Direct connection " means a connection to the
network by an authorized facility using owned, leased or contracted
telecommunications facilities.
"Educational use " means a use that is within
the written mission of an accredited nonpublic school, a nonprofit institution
of higher education eligible for tuition grants, an institution under the
control of the board of regents, a school corporation, a city library, a
regional library as provided in Iowa Code chapter 256, and a county library as
provided in Iowa Code chapter 336.
"Federal agency" means each board, commission,
department, or agency of the executive, legislative, and judicial branches of
the United States, or the U.S. Post Office which receives a federal grant for
pilot or demonstration projects or the independent establishments and
corporations of the federal government as identified from time to time in The
United States Government Manual, the official handbook of the federal
government, published on an annual basis by the Office of the Federal Register
as a special edition of the Federal Register. The Manual includes comprehensive
information on the agencies of the legislative, judicial, and executive
branches. The Manual also includes information on quasi-official agencies;
international organizations in which the United States participates and boards,
commissions and committees of the federal government. For example, independent
establishments and corporations may include the following:
Central Intelligence Agency
Commodity Futures Trading Commission
Consumer Product Safety Commission
Defense Nuclear Facilities Safety Board
Environmental Protection Agency
Export-Import Bank of the United States
Federal Communications Commission
Federal Deposit Insurance Corporation
Federal Election Commission
Federal Emergency Management Agency
Federal Reserve System
Federal Trade Commission
Federal Trade Commission's Consumer Line
General Services Administration
National Aeronautics and Space Administration
National Archives and Records Administration
National Credit Union Administration
National Foundation on the Arts and the Humanities
National Endowment for the Arts
National Endowment for the Humanities
National Railroad Passenger Corporation (Amtrak)
National Science Foundation
Nuclear Regulatory Commission
Peace Corps
Pension Benefit Guaranty Corporation
Railroad Retirement Board
Securities and Exchange Commission
Selective Service System
Small Business Administration
Social Security Administration
Tennessee Valley Authority
United States Arms Control and Disarmament Agency
United States Information Agency
United States International Development Cooperation
Agency
United States International Trade Commission
United States Postal Service
United States Trade Representative
"Internet access" means access to the Internet
and its successors.
"Internet service provider " means a private
for-profit or a not-for-profit service provider who acts as a gateway to the
Internet and its successors.
"library" means a city library, a regional
library as provided in Iowa Code chapter 256, or a county library as provided
in Iowa Code chapter 336, or a library that is part of an authorized user
facility and which may be a center for lifelong learning within a community,
provides equity of access to information and publications in all formats
whether actually stored at the library or off site, to enhance the lives of its
customers regardless of age, color, creed, national origin, race, religion,
marital status, gender, physical disability or familial status, economic or
social status, or location, and is a place for people to gather for meetings,
classes and discussion groups.
"Network" means the Iowa communications
network, the fiberoptic network owned and leased by the state of Iowa and
operated by the commission.
"Part I" means the communications connections
between the central switching hub of the network located at joint forces
headquarters (JFHQ) armory and the 15 community colleges, the universities
governed by the board of regents and Iowa public television and the other
regional switching centers for the remainder of the network. These are
state-owned facilities.
"Part II" means the communications connections
between the Part I regional switching centers and each of the 99 counties
located in the state. These are state-owned facilities.
"Part III" means the communication connections
between the secondary switching centers and the school districts and libraries
and any other private or public agency authorized by the general assembly to
connect to the network. Part III consists of primarily leased equipment and
telecommunications facilities except that some sites are owned by the state as
designated by the general assembly.
"Person " means an individual, corporation,
limited liability company, or any other legal entity.
"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,
subsection 16, or the Iowa Hospital Association.
"Public agency" means a state agency, an
institution under the control of the board of regents, the judicial department
as provided in Iowa Code section
8D.13,
subsection 17, 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 a judicial district department of correctional services
established in Iowa Code section
905.2
to the extent provided in Iowa Code section
8D.13,
subsection 15, an agency of the federal government, or a U.S. Post Office which
receives a federal grant for pilot and demonstration projects. "Public agency"
also includes any homeland security or defense facility or disaster response
agency established by the administrator of the homeland security and emergency
management division of the department of public defense or the governor, or any
facility connected with a security or defense system or disaster response as
required by the administrator of the homeland security and emergency management
division of the department of public defense or the governor.
"Requesting authorized user" means an
authorized user initiating a network video scheduling request regardless of the
specific site from which the event originates.
"School" means an accredited nonpublic school,
a nonprofit institution of higher education eligible for tuition grants, an
institution under the control of the board of regents, or a school
corporation.
"State agency" means each board, commission,
or department of the executive, legislative, or judicial branches of the state
of Iowa and other entities created or authorized by the general
assembly.
"State communications" refers to the
transmission of voice, data, video, the written word or other visual signals by
electronic means but does not include radio and television facilities and other
educational telecommunications systems and services including narrowcast and
broadcast systems under the public broadcasting division of the department of
education, or the department of transportation distributed data processing and
mobile radio network.
"Telecommunications facility" means a
collection of fibers which originates at an access point and ends at the
fiberoptic termination connector attached to other electronic and optronic
equipment necessary to transmit voice, video or data transmissions across the
fiberoptic network.
"Telemedicine " means use of a
telecommunications system for diagnostic, clinical, consultative, data, and
educational services for the delivery of health care services or related health
care activities by licensed health care professionals, licensed medical
professionals, and staff who function under the direction of a physician, a
licensed health care professional, or hospital for the purpose of developing a
comprehensive, statewide telemedicine network or education.
