ORS 285C.530¹
Definitions for ORS 285C.530 and 285C.533
  • tax credit certification
  • application
  • rules
  • fees

(1) As used in this section and ORS 285C.533 (Performance standards for advanced telecommunications facilities):

(a) "Advanced telecommunications facilities" means high-speed, dedicated or switched broadband telecommunications infrastructure or equipment that enables users to send or receive high quality voice, data or video telecommunications using any technology.

(b) "Last mile connection" means a communications channel from the feed from a connecting bypassing intercity telecommunications carrier through a telecommunications switching center, or an individual message distribution point, to a user terminal.

(c) "Local exchange carrier" means a person that holds a certificate of authority issued by the Public Utility Commission under ORS 759.020 (Certificate of authority) to provide intrastate telecommunications service or local exchange telecommunications service within this state.

(d) "Telecommunications carrier" means a provider of telecommunications services, but does not include an aggregator, as defined in 47 U.S.C. 226.

(2) A telecommunications carrier seeking a tax credit under ORS 315.511 (Advanced telecommunications facilities) for the installation of advanced telecommunications facilities, prior to incurring any costs associated with the installation, shall apply to the Economic and Community Development Department for certification of the facilities as advanced telecommunications facilities.

(3) The application for certification shall be in the form and shall contain the information required by the department pursuant to rules adopted by the department for the administration of the tax credit certification under this section, including but not limited to:

(a) A complete description of the installation project and the customers to be served by the project;

(b) The expected costs for completing the project;

(c) The expected start date and the expected date on which the advanced telecommunications facilities are to be placed in service;

(d) The geographic area or areas in which the advanced telecommunications facilities are to be installed; and

(e) A description of how the facilities will be integrated into the operations of the intrastate telecommunications services provided by the telecommunications carrier.

(4) The application for certification shall be accompanied by technical documentation demonstrating that the facilities will meet or exceed applicable minimum performance standards established by the department under ORS 285C.533 (Performance standards for advanced telecommunications facilities).

(5) The department may approve or deny an application for certification or may request changes to the application before issuing certification. Denial of an application may be appealed to the department in the manner of a contested case under ORS chapter 183.

(6) The department shall approve an application and certify the facilities as advanced telecommunications facilities if the facilities:

(a) Are to be located in an area in which current minimum bandwidth service is not available to a majority of customers;

(b) Improve access to advanced telecommunications services for a majority of all customers in unserved or underserved service areas; and

(c) Meet the minimum performance standards to comply with ORS 285C.533 (Performance standards for advanced telecommunications facilities).

(7) Upon approval of an application, the department shall send to the applicant a written certification of the facilities as advanced telecommunications facilities. The certification shall state the date by which the facilities must be placed in service and the cost of the facilities that are being certified.

(8) Notwithstanding subsection (6) of this section, the department may not approve an application and certify a facility if the cost of the facility plus the certified costs of all other facilities that have been certified during the year exceeds $10 million.

(9) The department may establish by rule the amount of fees charged to applicants seeking certification of facilities as advanced telecommunications facilities. Revenues from the fees shall be used to offset the costs incurred by the department in administering the tax credit certification under this section. [Formerly 285B.486]

1 Legislative Counsel Committee, CHAPTER 285C—Economic Development III, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors285C.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information