480A.1 Purpose. The general assembly finds that it is in the public interest to define the right of local governments to charge public utilities for the location and operation of public utility facilities in local government rights-of-way. 98 Acts, ch 1148, §3, 9
480A.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Local government” means a county, city, township, school district, or any special-purpose district or authority. 2. “Management costs” means the reasonable, direct, and fully documented costs a local government actually incurs to manage public rights-of-way. 3. “Public right-of-way” means the area on, […]
480A.3 Fees. 1. A local government shall not recover any fee from a public utility for the use of its available right-of-way, other than a permit fee for management costs attributable to the public utility’s requested use of the local government’s right-of-way. A fee or other obligation under this section shall be imposed on a […]
480A.4 In-kind services. A local government, in lieu of a fee imposed under this chapter, shall not require in-kind services by a public utility right-of-way user or require in-kind services as a condition of the use of the local government’s public right-of-way, unless pursuant to a voluntary agreement between a public utility and local government […]
480A.5 Arbitration. 1. A public utility that is denied registration, denied a right-of-way permit, that has its right-of-way permit revoked, or that believes that the fees imposed on such user by the local government do not conform to the requirements of this chapter may request in writing that such denial, revocation, or fee imposition be […]
480A.6 Franchise ordinance not superseded. This chapter does not modify or supersede the rights and obligations of a local government and the public utility established by the terms of any existing or future franchise granted, approved, and accepted pursuant to section 364.2, subsection 4. A city which collects a city franchise fee from an entity […]
