ORS 276A.421
Provision of broadband services that compete with services of private telecommunications provider

  • circumstances of competition
  • broadband services advisory committee
  • rules

(1)

Intentionally left blank —Ed.

(a)

If the State Chief Information Officer determines that the broadband services and operations proposed to be provided by the State Chief Information Officer under ORS 276A.406 (Acquisition of broadband and communications services) (2)(b) would directly compete with services already offered by a telecommunications provider, the State Chief Information Officer may only provide those services pursuant to the rules described in subsection (2) of this section.

(b)

For the purposes of this section, broadband services are considered to be already offered by a telecommunications provider if the provider can demonstrate its ability to provide the broadband services in the geographic area to be served within a reasonable time and for a reasonable cost.

(2)

The State Chief Information Officer shall adopt rules governing how it provides the broadband services and operations under subsection (1)(a) of this section. The rules must:

(a)

Describe the services that the State Chief Information Officer proposes to provide, including specifications for broadband services, such as minimum bandwidth, reliability, redundancy, deployment schedule and comparable cost;

(b)

Describe the method by which the State Chief Information Officer will maintain and update its service offerings;

(c)

Describe the process by which a telecommunications provider may demonstrate its ability to provide broadband services under subsection (1) of this section and to meet the specifications proposed by the State Chief Information Officer under paragraph (a) of this subsection; and

(d)

Describe the situations in which the State Chief Information Officer may not provide the services.

(3)

The State Chief Information Officer shall appoint an advisory committee no later than 60 days prior to rulemaking under this section to assist the State Chief Information Officer in the administration of this section.

(4)

The advisory committee must include one representative from each of the following:

(a)

A telecommunications provider in this state.

(b)

A rural telecommunications consortium in this state.

(c)

The Association of Oregon Counties.

(d)

The League of Oregon Cities.

(e)

A public school or education service district.

(f)

A public university listed in ORS 352.002 (Public universities).

(g)

The State Interoperability Executive Council established under ORS 403.450 (State Interoperability Executive Council).

(h)

The Oregon Broadband Advisory Council established under ORS 285A.154 (Oregon Broadband Advisory Council).

(i)

The public with an interest in broadband service availability.

(j)

A nonprofit entity with an interest in broadband service availability.

(k)

Any other public, private or nonprofit entity that the State Chief Information Officer determines is necessary to assist the advisory committee in performing its duties under this section.

(5)

Before adopting rules described in this section, the State Chief Information Officer shall present the proposed rules to the Joint Legislative Committee on Information Management and Technology. [2018 c.51 §5]

Source: Section 276A.421 — Provision of broadband services that compete with services of private telecommunications provider; circumstances of competition; broadband services advisory committee; rules, 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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