ORS 276A.406
Acquisition of broadband and communications services


(1)

As used in this section and ORS 276A.412 (Contracts for telecommunications equipment and services not to exceed 10 years) and 276A.421 (Provision of broadband services that compete with services of private telecommunications provider):

(a)

“Broadband” means wide bandwidth communications transmissions over coaxial cable, optical fiber, radio or twisted pair with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed established by the State Chief Information Officer by rule, but in no event less than 25 megabits per second for downloads and three megabits per second for uploads.

(b)

“Communications” means media that communicate voice, data, text or video over a distance using electrical, electronic or light wave transmissions.

(c)

“State agency” has the meaning given that term in ORS 279A.010 (Definitions for Public Contracting Code).

(d)

“Telecommunications provider” means any person that is capable of providing broadband and communications services including, but not limited to, a telecommunications utility as defined in ORS 759.005 (Definitions), a competitive telecommunications provider as defined in ORS 759.005 (Definitions), a cable television provider or an interstate telecommunications provider.

(2)

Notwithstanding ORS chapters 279A, 279B and 279C, the State Chief Information Officer:

(a)

Shall provide broadband and communications services and operations for the state and state agencies; and

(b)

Subject to ORS 276A.421 (Provision of broadband services that compete with services of private telecommunications provider) and notwithstanding ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) (6)(c), may provide broadband services and operations in unserved or underserved areas to any other public body, as defined in ORS 174.109 (“Public body” defined), any federally recognized Indian tribe in Oregon or any nonprofit organization that the State Chief Information Officer designates as a community of interest under ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer).

(3)

The State Chief Information Officer provides the services and operations under subsection (2) of this section if the State Chief Information Officer:

(a)

Provides the services directly;

(b)

Enters into an interagency or intergovernmental agreement under ORS chapter 190 to have another state agency or governmental agency provide the services; or

(c)

Acquires the services by entering into contracts with telecommunications providers or a consortium of telecommunications providers in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards.

(4)

The State Chief Information Officer may not enter into any contract or agreement under subsection (3) of this section or approve the procurement of any broadband or communications system or equipment that is incompatible with the network or that is inconsistent with the State Chief Information Officer’s rules, policies and standards. [Formerly 283.510; 2018 c.51 §4]

Source: Section 276A.406 — Acquisition of broadband and communications services, https://www.­oregonlegislature.­gov/bills_laws/ors/ors276A.­html.

276A.200
Legislative findings on information resources
276A.203
State Chief Information Officer
276A.206
Oversight of state information and telecommunications technology by State Chief Information Officer
276A.209
State Information Technology Operating Fund
276A.223
Requirement that state agency or public corporation obtain quality management services when implementing information technology initiative
276A.230
Definitions
276A.233
Information technology portfolio-based management
276A.236
Enterprise information resources management
276A.239
Portfolio-based management of information technology resources for Secretary of State
276A.242
Portfolio-based management of information technology resources for State Treasurer
276A.250
Definitions
276A.253
Oregon transparency website
276A.256
Reports of tax expenditures connected to economic development
276A.259
Transparency Oregon Advisory Commission
276A.262
Transparency Oregon Advisory Commission Fund
276A.270
Definitions
276A.273
Electronic Government Portal Advisory Board
276A.276
Ability to offer government services through portal
276A.300
Information systems security in executive department
276A.303
Information systems security for Secretary of State, State Treasurer and Attorney General
276A.306
Information security incidents and assessments
276A.323
State agency coordination
276A.326
Oregon Cybersecurity Advisory Council
276A.329
Oregon Cybersecurity Center of Excellence
276A.332
Authority of State Chief Information Officer to enter into agreements
276A.335
Moneys from federal government and other sources
276A.350
Definitions
276A.353
Chief Data Officer
276A.356
Open data standard
276A.359
Technical standards manual
276A.362
Release of publishable data on web portal
276A.365
Information management by state agencies
276A.368
Purpose of data
276A.371
Obligations of state agency under public records law
276A.374
Application to Secretary of State and State Treasurer
276A.400
Policy
276A.403
Coordination of telecommunications systems
276A.406
Acquisition of broadband and communications services
276A.409
Use of agency travel and transportation funds for telecommunications services
276A.412
Contracts for telecommunications equipment and services not to exceed 10 years
276A.415
Agreements to fund or acquire telecommunications equipment and services
276A.418
Public contracts for broadband Internet access service
276A.421
Provision of broadband services that compete with services of private telecommunications provider
276A.424
Connecting Oregon Schools Fund
276A.500
Definitions
276A.503
Oregon Geographic Information Council
276A.506
Powers of council
276A.509
Public body duty to share geospatial framework data with council
276A.512
Oregon Geographic Information Council Fund
276A.515
State geographic information officer
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