Chapter 436 Oregon Laws 1999

Session Law

AN ACT

HB 3345

Relating to use of public rights of way by telecommunications utility; and declaring an emergency.

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

SECTION 1. (1) As used in this section:

(a) "Telecommunications provider" means any person that provides telecommunications service as defined in ORS 759.005, including but not limited to telecommunications utilities and competitive telecommunications providers as those terms are defined in ORS 759.005.

(b) "Local government" means the governing body of a city, county or special district that exercises authority over rights of way.

(2) Not later than October 1, 1999, the Governor, the President of the Senate and the Speaker of the House of Representatives shall convene a joint government and industry task force for the purpose of studying use of public rights of way and the payment of fees and other forms of compensation by telecommunications providers to local governments that are nondiscriminatory and competitively neutral as applied to telecommunications providers operating within the jurisdiction of the local government.

(3)(a) The Governor shall appoint four members of the task force including:

(A) Two persons representing telecommunications providers; and

(B) Two persons representing cities.

(b) The President of the Senate shall appoint five members to the task force including:

(A) Two persons representing telecommunications providers;

(B) Two persons representing cities; and

(C) One person representing special districts that exercise authority over rights of way.

(c) The Speaker of the House of Representatives shall appoint five members of the task force including:

(A) Two persons representing telecommunications providers;

(B) Two persons representing cities; and

(C) One person representing counties.

(4) In conducting its analysis under this section, the task force shall consider telecommunications providers that:

(a) Physically use the right of way;

(b) Economically use the right of way by purchasing wholesale service from providers located within the right of way;

(c) Are both physically operating within the right of way and purchasing wholesale service from other providers;

(d) Employ technology that does not involve use of the right of way;

(e) Are subject to different types of state regulation;

(f) Are different types of telecommunications providers;

(g) Are subject to conflicts arising from regulation from multiple jurisdictions; and

(h) Incur operational costs and associated consumer costs as the result of additional regulations and restrictions.

(5) The task force may accept private contributions for the purpose of funding the activities of the task force.

(6)(a) The task force shall report its findings to the Seventy-first Legislative Assembly in the manner provided in ORS 192.245.

(b) The task force shall submit any recommended legislative measures in the manner provided under ORS 171.132.

SECTION 2. Section 1 of this 1999 Act is repealed December 31, 2001.

SECTION 3. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor July 1, 1999

Filed in the office of Secretary of State July 2, 1999

Effective date July 1, 1999

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