72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 2577
LC 1268/HB 2577-4
HOUSE AMENDMENTS TO
HOUSE BILL 2577
By COMMITTEE ON BUSINESS, LABOR AND CONSUMER AFFAIRS
May 9
On page 1 of the printed bill, line 2, after 'amending ' delete
the rest of the line and lines 3 through 5 and insert ' section
2, chapter 589, Oregon Laws 1999, and sections 1 and 2, chapter
699, Oregon Laws 2001; and prescribing an effective date.'.
Delete lines 7 through 27 and delete pages 2 through 14 and
insert:
' { + 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 - } { + 20 + }
members. { - 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) CoastNet. + }
' { - (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. + } 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 5. + } { + This 2003 Act takes effect on the
91st day after the date on which the regular session of the
Seventy-second Legislative Assembly adjourns sine die. + } ' .
----------