Or. Admin. Code § 128-010-0025 - Eligibility

(1) Eligibility. The Office may only provide Broadband services and operations to Non-State Entities under Oregon Laws 2018, chapter 51, section 5, in accordance with these rules, and only to eligible Non-State Entities at eligible Sites.

(2) A particular Site is an eligible Site if it is in an area that is Unserved.

(3) The Office may develop and maintain a preliminary list of eligible Non-State Entities and areas. If the Office develops a preliminary list of eligible Non-State Entities and areas, the Office may make an initial determination of whether areas are Unserved for the purposes of its preliminary list based on, without limitation, the following sources of information:

(a) Federal Communications Commission, Form 477 carrier filings;

(b) Oregon Public Utility Commission communications provider filings, including tariffs and price lists;

(c) Broadband connectivity lists maintained by the Oregon State Library;

(d) Current state contracts;

(e) State and carrier network maps;

(f) Requests for service;

(g) Telecommunications Provider information; or

(h) Historical information.

(4) The Office will maintain such list as a means for making a preliminary assessment of the need for Broadband services and operations by Non-State Entities in particular areas for administrative convenience. Non-State Entities are not required to be on the list of eligible Non-State Entities, and Sites are not required to be in an area on the list of eligible areas in order for a Non-State Entity to make a Service Request pursuant to Section 30 of these Division 10 rules. The Office may consider an entity or area for inclusion on the preliminary list of eligible Non-State Entities or areas either on the Office's own initiative, or in response to a request from a Non-State Entity for the entity or a particular area to be included on the preliminary list of eligible Non-State Entities and areas, provided, however, that a Non-State Entity may not obtain Broadband services from the Office under Or Laws 2018, ch 51 without submitting a Service Request and engaging in the process set forth in these Division 10 rules.

Notes

Or. Admin. Code § 128-010-0025

OSCIO 1-2019, adopt filed 03/26/2019, effective 3/26/2019

Statutory/Other Authority: ORS 276A

Statutes/Other Implemented: Or Laws 2018, ch 51 (HB 4023)