Iowa Code 480A.3 – Fees
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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 competitively neutral basis. When a local government’s management costs cannot be attributed to only one entity, those costs shall be allocated among all users of the public rights-of-way, including the local government itself. The allocation shall reflect proportionately the costs incurred by the local government as a result of the various types of uses of the public rights-of-way.
Terms Used In Iowa Code 480A.3
- Local government: means a county, city, township, school district, or any special-purpose district or authority. See Iowa Code 480A.2
- Management costs: means the reasonable, direct, and fully documented costs a local government actually incurs to manage public rights-of-way. See Iowa Code 480A.2
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Public utility: means a person owning or operating a facility used for furnishing natural gas by piped distribution system, electricity, communications services not including cable television systems, or water by piped distribution system, to the public for compensation. See Iowa Code 480A.2
- Use: means to operate, navigate, or employ a vessel. See Iowa Code 462A.2
2. This section does not:
a. Prohibit the collection of a franchise fee as permitted in section 480A.6.
b. Prohibit voluntary agreements between a public utility and local government to share services for the purpose of reducing costs and preserving public rights-of-way for future public safety purposes.