Chapter 775 Oregon Laws 2003

AN ACT

HB 2577

Relating to telecommunications; creating new provisions; amending section 2, chapter 589, Oregon Laws 1999, and sections 1 and 2, chapter 699, Oregon Laws 2001; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. The Legislative Assembly finds and declares:

(1) That it is the goal of this state to promote access to broadband services for all Oregonians in order to improve the economy in Oregon, improve the quality of life in Oregon communities and reduce the economic gap between Oregon communities that have access to broadband digital applications and services and those that do not, for both present and future generations; and

(2) That the goal set forth in subsection (1) of this section may be achieved by:

(a) Expanding broadband and other telecommunications services;

(b) Creating incentives to establish and expand broadband and other telecommunications services;

(c) Undertaking telecommunications planning at the local, regional and state levels that includes participants from both the public and the private sectors;

(d) Removing barriers to the full deployment of broadband digital applications and services and providing incentives for the removal of those barriers; and

(e) Removing barriers to public-private partnerships in areas where the private sector cannot justify investments.

SECTION 2. Section 2, chapter 589, Oregon Laws 1999, is amended to read:

Sec. 2. In order to ensure consistency with the federal Telecommunications Act of 1996 (P.L. 104-104), to enhance fair competition and to promote deregulation of the telecommunications industry, the Public Utility Commission annually shall submit a report to the Governor and the Legislative Assembly or the Emergency Board on or before January 31 each year. The report shall include information on:

(1) The status of competition in the telecommunications industry;

(2) Significant changes that have occurred in the telecommunications industry during the preceding 12 months;

(3) Statutes that inhibit or discourage competition in and deregulation of the telecommunications industry;

(4) Specific actions taken by the commission to reduce the regulatory burden imposed on the telecommunications industry, including telecommunications utilities and competitive telecommunications providers;

(5) Specific actions taken by the commission to maximize the opportunities for telecommunications utilities and competitive telecommunications providers to achieve pricing flexibility, including rate rebalancing, exemption from regulation and streamlined regulations;

(6) Specific actions taken by the commission to:

(a) Minimize implicit sources of support; and

(b) Maximize explicit sources of support that are specific, sufficient, competitively neutral and technologically neutral and that support telecommunications services for customers of telecommunications providers in high-cost locations; [and]

(7) Statutes that should be enacted, amended or repealed to enhance and respond to the competitive telecommunications environment or promote the orderly deregulation of the telecommunications industry; and

(8) The number of public bodies, as defined by ORS 174.109, providing basic telecommunications infrastructure so that private entities may use that infrastructure to provide advanced information and communications services.

SECTION 3. Section 1, chapter 699, Oregon Laws 2001, is amended to read:

Sec. 1. (1) There is [created an interim task force to be called] established the Oregon [Telecommunication] Telecommunications Coordinating Council consisting of [12] 20members. [The membership of the task force shall be as provided in this section.]

(2) The Governor shall appoint one member to represent each of the following entities, and in making the appointments under this subsection shall give consideration to recommendations made by the entity the member is to represent:

(a) The Central Oregon Telecommunications [Consortium] Task Force.

(b) Coast Net.

[(b)] (c) The Eastern Oregon Telecommunications Consortium.

[(c)] (d) The Fiber South Consortium.

(e) Frontier Telenet.

(f) The Gorge Teleconsortium.

[(d)] (g) The Regional Fiber Consortium (Lane and Klamath Counties).

[(e)] (h) The North Coast Telecommunications Consortium.

(i) The South Coast Telecommunications Consortium.

[(f)] (j) The Southern Oregon Telecommunications and Technology Council.

(3) The Governor shall appoint two members of the Oregon [Telecommunication] Telecommunications Coordinating Council to represent the counties of this state. The Governor shall give consideration to recommendations made by the Association of Oregon Counties in making the appointments under this subsection.

(4) The Governor shall appoint [one member] two members of the Oregon [Telecommunication] Telecommunications Coordinating Council to represent the cities of this state. The Governor shall give consideration to recommendations made by the League of Oregon Cities in making the [appointment] appointments under this subsection.

(5) The Governor shall appoint [one member] two members of the Oregon [Telecommunication] Telecommunications Coordinating Council to represent telecommunication utilities and Internet service providers in this state. The Governor shall give consideration to recommendations made by the Oregon Telecommunications Association in making the [appointment] appointments under this subsection.

[(6) The chairperson of the Connecting Oregon Communities Advisory Board shall appoint two members of the Oregon Telecommunication Coordinating Council. Both members appointed under this subsection must also be members of the Connecting Oregon Communities Advisory Board. The members appointed under this subsection shall work to coordinate the activities and responsibilities of the Oregon Telecommunication Coordinating Council and the Connecting Oregon Communities Advisory Board.]

(6) The Governor shall appoint one member of the Oregon Telecommunications Coordinating Council to represent Oregon tribes. The Governor shall give consideration to recommendations made by the Commission on Indian Services in making the appointment under this subsection.

(7) The Governor shall appoint one member of the Oregon Telecommunications Coordinating Council to represent elementary and secondary schools. The Governor shall give consideration to recommendations made by the Oregon School Boards Association in making the appointment under this subsection.

(8) The Governor shall appoint one member of the Oregon Telecommunications Coordinating Council to represent community colleges. The Governor shall give consideration to recommendations made by the Oregon Community College Association in making the appointment under this subsection.

(9) The Governor shall appoint one member of the Oregon Telecommunications Coordinating Council to represent the Oregon University System. The Governor shall give consideration to recommendations made by the Chancellor of the Oregon University System in making the appointment under this subsection.

[(7)] (10) The Oregon [Telecommunication] Telecommunications Coordinating Council may by a majority vote of the council add members to the council to represent telecommunication consortia coming into existence after [the effective date of this 2001 Act] January 1, 2003, or to represent citizen groups recognized by the council.

[(8)] (11) If no additional funds are required, the Economic and Community Development Department, the Oregon Department of Administrative Services, the League of Oregon Cities and the Association of Oregon Counties [shall] may provide staff to the Oregon [Telecommunication] Telecommunications Coordinating Council.

[(9)] (12) Members of the Oregon [Telecommunication] Telecommunications Coordinating Council are not entitled to compensation and expenses and shall serve on the council on a volunteer basis.

[(10)] (13) The Oregon [Telecommunication] Telecommunications Coordinating Council shall study alternative approaches to providing coordinated statewide, regional and local telecommunication services, including providing services to unserved or underserved areas of the state. In addition, the council shall study the manner in which telecommunication investments can be coordinated to facilitate partnerships between the public sector and the private sector and between state and local governments. The council shall report its findings and recommendations to the Governor and to the Joint Legislative Committee on Information Management and Technology before each legislative session.

[(11) All agencies, departments and officers of this state are directed to assist the Oregon Telecommunication Coordinating Council in the performance of its functions and to furnish such information and advice as the members of the council consider necessary to perform their functions.]

(14) All agencies of state government, as defined in ORS 174.111, are directed to assist the Oregon Telecommunications Coordinating Council in the performance of its functions and, to the extent permitted by laws relating to confidentiality, to furnish such information and advice as the members of the council consider necessary to perform their functions.

[(12)] (15) The Oregon [Telecommunication] Telecommunications Coordinating Council may accept contributions of funds and assistance from the United States or its agencies or from any other source, public or private, and agree to conditions thereon not inconsistent with the purposes of the council. All such funds are to aid in financing the functions of the council and [shall] may be deposited in the General Fund of the State Treasury to the credit of separate accounts for the council [and shall be disbursed] to disburse for the purpose for which contributed in the same manner as funds appropriated for the council.

[(13)] (16) Official action by the Oregon [Telecommunication] Telecommunications Coordinating Council requires the approval of a majority of the members. The council may recommend legislation, and all legislation recommended by the council must indicate that it is introduced at the request of the council. Legislation recommended by the council must be submitted to the Joint Legislative Committee on Information Management and Technology. The legislation shall be prepared in time for presession filing [by December 15, 2002, for presentation to the regular session] at regular sessions of the [Seventy-second] Legislative Assembly.

(17) The Oregon Telecommunications Coordinating Council shall:

(a) Encourage the work of regional telecommunications consortia that have emerged throughout the state.

(b) Encourage state agencies to utilize telecommunications.

(c) Encourage efforts to provide cost-effective, quality workforce development training using telecommunications infrastructure and facilities to access distance learning opportunities.

(d) Encourage schools, education service districts and local education agencies in unserved areas to promote broadband access for the surrounding community.

(e) Encourage public and private entities to seek opportunities for partnership with educational institutions that will stimulate the use of broadband technologies through community projects and public education.

(f) Recommend ways for the State of Oregon to support innovative efforts that build effective and cost-efficient delivery of distance education supported by telecommunications.

(g) Encourage the Oregon Telehealth Alliance to continue the work of the council’s Telehealth Committee.

(h) Facilitate public and private organizations working together in partnership to promote the use of telecommunications infrastructure and new technology.

SECTION 4. (1) The Oregon Telecommunications Coordinating Council shall collaborate with health care education providers and members of the health care industry to develop and implement a plan that:

(a) Ensures that the education and health care communities are able to connect by broadband and other telecommunications infrastructures necessary for distance learning.

(b) Encourages cooperative activities among the education and health care communities for the purpose of establishing and implementing curriculum applications that are necessary to fully utilize the connected networks.

(c) Fully utilizes the resources of the education and health care networks.

(2) The plan developed under this section shall include determinations about the technical and financial resources needed to implement the plan.

(3) The Economic and Community Development Department may seek funding from the federal government and private sources to develop and implement the plan described in this section.

SECTION 5. (1) The Oregon Telecommunications Coordinating Council shall report to the interim committees related to health care, in the manner provided by ORS 192.245, no later than July 1, 2004. The report shall include the plan developed under section 4 of this 2003 Act.

(2) The Oregon Telecommunications Coordinating Council shall report to the Seventy-third Legislative Assembly, in the manner provided by ORS 192.245, no later than February 1, 2005. The report shall include information on the implementation of the plan described in section 4 of this 2003 Act.

SECTION 6. Section 2, chapter 699, Oregon Laws 2001, is amended to read:

Sec. 2. Section 1 [of this 2001 Act], chapter 699, Oregon Laws 2001, is repealed on January 2, [2004] 2006.

SECTION 7. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor September 17, 2003

Filed in the office of Secretary of State September 18, 2003

Effective date September 17, 2003

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