Or. Admin. Code § 123-047-0045 - Eligible Applicants, Eligible Projects and Eligible Activities

(1) Unless specified otherwise in Oregon statute or rule, eligible applicants for Broadband Programs include the following: municipalities as defined in ORS 285B.410(9), federally recognized Indian tribes in Oregon listed under ORS 285C.306(1), intergovernmental organizations formed under ORS Chapter 190, and nonprofit organizations as defined by ORS 65.001(33). For profit entities may also be eligible applicants for a Broadband Program if specifically authorized by applicable state statute or rule.

(2) The Department reserves the right to withhold or revoke eligibility from an applicant at its sole discretion for reasons including:

(a) nonperformance under a prior contract with the Department or other State entity;

(b) delinquency of tax or fees owed to the State or to a local government;

(c) a final determination of failure or refusal to comply with state or federal regulations or standards;

(d) pending legal action involving the applicant (if the outcome would impact the applicant's ability to perform under a contract or agreement);

(e) abuse of grant or loan process (such as submitting meritless challenges against other applicants);

(f) willful misrepresentations made within an application submitted to the Department; or correspondence with; or made publicly about the Department; or

(g) lacking the legal authority or ability to execute a financing contract with the Department.

(3) Eligible projects for Broadband Program financial assistance shall be defined in the respective program's funding notice, rules, or Program Handbook. Eligible projects may be limited to those meeting applicable broadband services speed criteria, including meeting any applicable underserved location or unserved location criteria.

(4) Eligible uses/activities for Broadband Program funds shall be defined in the applicable funding notice, financing contract, rules or Program Handbook.

(5) Ineligible Uses/Activities. Ineligible uses/activities will be defined in the applicable funding notice, financing contract, rules or Program Handbook. In addition, unless otherwise authorized, Broadband Program financial assistance may not be used to:

(a) Pay for materials bought to resell to a broadband project at a profit.

(b) Pay for costs incurred prior to a Broadband Program grant or loan financial assistance award date.

(c) Pay for materials not used in the proposed project. If the award recipient purchases in bulk for a better price, the grant or loan funds must be pro-rated for actual use only.

(d) Pay for personal expenses not directly related to the broadband project construction.

(e) Fund indirect or operational costs (i.e., anything that is not a direct project cost).

(f) Pay for expenses related to the provision of over-the-top services such as telephone or video services which are not necessary for the delivery of broadband service (except for customer-premise battery backup devices).

(g) Pay for fundraising activities.

(h) Pay for political endorsements, donations, or advertisements.

(i) Pay for computers or office equipment.

(j) Pay for the purchase or lease of a "vehicle" as defined in ORS 801.590.

(k) Pay for permitting, planning, or development of broadband infrastructure outside of State boundaries not directly necessary to serve in-State locations listed in an awarded proposal.

Notes

Or. Admin. Code § 123-047-0045

OBDD 30-2023, adopt filed 11/14/2023, effective 11/14/2023

Statutory/Other Authority: ORS 285A.075, ORS 285A.166, Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201)

Statutes/Other Implemented: Oregon Laws 2020, chapter 17, Section 5(2) (First Special Session) (SB 1603) & Oregon Laws 2023, chapter 338 (HB 3201)