71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2680
 
LC 1394/HB 2680-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2680
 
            By COMMITTEE ON SMART GROWTH AND COMMERCE
 
                             March 2
 
  On page 1 of the printed bill, line 4, delete '6' and insert
'7'.
  Delete lines 18 and 19 and insert:
  ' (5) 'Telecommunication service' means providing to the
public, for a fee:
  ' (a) Cable television access; or
  ' (b) Access to the ability to transmit voice, video or data
information chosen by the consumer, to recipients chosen by the
consumer, without change in the form or content of the
information sent and received.'.
  On page 2, delete lines 3 through 8 and insert:
  ' (2) If a local government proposes to provide a
telecommunication service to an area in which the specific
service to be provided is not already available from a private
provider, the local government shall be exempt from the
requirements of subsection (1) of this section if, before making
the service available, and once every three years thereafter, the
local government does all of the following:
  ' (a) The local government mails notice to all private
providers that are providing a telecommunication service within
the boundaries of the local government, and publishes notice in a
newspaper of general circulation at least once each week for two
weeks. The notice required under this paragraph must inform
private providers that the local government intends to provide a
specific telecommunication service, or is providing the service
under the exemption provided by this subsection. The notice must
indicate that a private provider may file a statement of interest
within 60 days after the notice is mailed to the provider under
this paragraph, or within 60 days after the final publication in
the newspaper is made if the local government does not mail
notice to the private provider under this paragraph.
  ' (b) If any private provider files a statement of interest
under the provisions of paragraph (a) of this subsection, the
local government conducts at least one public hearing on the
statement of interest and makes a record of the nature of the
private provider's interest adequate to allow the local
government to determine whether provision of the
telecommunication service by the local government is in the
public interest.
  ' (3) The exemption provided by subsection (2) of this section
does not apply to any telecommunication service provided by a
local government that is substantially different from the service
described in the notice to private providers required by
subsection (2) of this section.'.
  In line 13, after the period delete the rest of the line and
lines 14 through 16.
  In line 30, delete '6' and insert '7'.
  On page 3, after line 28, insert:
  '  { +  SECTION 7. + }  { +  Exemptions. Sections 1 to 7 of
this 2001 Act do not apply to:
  ' (1) Any library that provides a telecommunication service;
  ' (2) Any telecommunication service provided by a local
government to a department, division or other subdivision of the
local government; or
  ' (3) Any telecommunication service provided by a local
government as part of a 9-1-1 emergency reporting system or other
telecommunications network for police, fire or public safety
purposes. + } ' .
  In line 29, delete '7' and insert '8'.
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