72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2577
Sponsored by COMMITTEE ON GENERAL GOVERNMENT (at the request of
Oregon Telecommunication Coordinating Council)
CHAPTER ................
AN ACT
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;
Enrolled House Bill 2577 (HB 2577-B) Page 1
(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
Enrolled House Bill 2577 (HB 2577-B) Page 2
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.
Enrolled House Bill 2577 (HB 2577-B) Page 3
{ - (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.
Enrolled House Bill 2577 (HB 2577-B) Page 4
(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. + }
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Enrolled House Bill 2577 (HB 2577-B) Page 5
Passed by House August 8, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate August 21, 2003
...........................................................
President of Senate
Enrolled House Bill 2577 (HB 2577-B) Page 6
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2577 (HB 2577-B) Page 7