Information Technology

ORS 276A.406
Acquisition of broadband and communications services

(1)

As used in this section and ORS 276A.412 (Contracts for telecommunications equipment and services not to exceed 10 years) and 276A.421 (Provision of broadband services that compete with services of private telecommunications provider):

(a)

“Broadband” means wide bandwidth communications transmissions over coaxial cable, optical fiber, radio or twisted pair with an ability to simultaneously transport multiple signals and traffic types at a minimum transmission speed established by the State Chief Information Officer by rule, but in no event less than 25 megabits per second for downloads and three megabits per second for uploads.

(b)

“Communications” means media that communicate voice, data, text or video over a distance using electrical, electronic or light wave transmissions.

(c)

“State agency” has the meaning given that term in ORS 279A.010 (Definitions for Public Contracting Code).

(d)

“Telecommunications provider” means any person that is capable of providing broadband and communications services including, but not limited to, a telecommunications utility as defined in ORS 759.005 (Definitions), a competitive telecommunications provider as defined in ORS 759.005 (Definitions), a cable television provider or an interstate telecommunications provider.

(2)

Notwithstanding ORS chapters 279A, 279B and 279C, the State Chief Information Officer:

(a)

Shall provide broadband and communications services and operations for the state and state agencies; and

(b)

Subject to ORS 276A.421 (Provision of broadband services that compete with services of private telecommunications provider) and notwithstanding ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer) (6)(c), may provide broadband services and operations in unserved or underserved areas to any other public body, as defined in ORS 174.109 (“Public body” defined), any federally recognized Indian tribe in Oregon or any nonprofit organization that the State Chief Information Officer designates as a community of interest under ORS 276A.206 (Oversight of state information and telecommunications technology by State Chief Information Officer).

(3)

The State Chief Information Officer provides the services and operations under subsection (2) of this section if the State Chief Information Officer:

(a)

Provides the services directly;

(b)

Enters into an interagency or intergovernmental agreement under ORS chapter 190 to have another state agency or governmental agency provide the services; or

(c)

Acquires the services by entering into contracts with telecommunications providers or a consortium of telecommunications providers in a manner that is consistent with the State Chief Information Officer’s rules, policies and standards.

(4)

The State Chief Information Officer may not enter into any contract or agreement under subsection (3) of this section or approve the procurement of any broadband or communications system or equipment that is incompatible with the network or that is inconsistent with the State Chief Information Officer’s rules, policies and standards. [Formerly 283.510; 2018 c.51 §4]
Source

Last accessed
Mar. 11, 2023

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