ORS 759.445
Connecting Oregon Communities Fund

  • School Technology Account
  • Public Access Account

(1)

There is established in the State Treasury, separate and distinct from the General Fund, the Connecting Oregon Communities Fund. Moneys in the fund shall consist of amounts deposited in the fund under ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) and any other moneys deposited by a telecommunications carrier that elects to be subject to ORS 759.405 (Election of regulation under ORS 759.405 and 759.410) and 759.410 (Intent of ORS 759.410), including amounts deposited pursuant to a performance assurance plan implemented by a telecommunications carrier in connection with an application under 47 U.S.C. 271, as in effect on January 1, 2002. Interest earned on moneys in the fund shall accrue to the fund. Moneys in the fund may be invested as provided in ORS 293.701 (Definitions for ORS 293.701 to 293.857) to 293.857 (Separate accounts for each local government). Moneys in the fund shall be used to provide access to advanced telecommunications technology in elementary schools and high schools, colleges and universities, community colleges, public television corporations, rural health care providers, public libraries and other eligible persons.

(2)

Two dedicated accounts shall be established within the Connecting Oregon Communities Fund for purposes of supporting education and public access to advanced telecommunications services. The first $25 million of the moneys deposited in the Connecting Oregon Communities Fund in both 2000 and 2001 shall be appropriated to the School Technology Account established under subsection (3) of this section. Except as provided in subsection (8) of this section, any additional moneys available in the fund shall be appropriated to the Public Access Account established under subsection (4) of this section.

(3)

There is established the School Technology Account within the Connecting Oregon Communities Fund. The purpose of the School Technology Account is to improve access to advanced telecommunications services for students attending public school in kindergarten through grade 12. Moneys in the account shall be expended as provided in section 34, chapter 1093, Oregon Laws 1999.

(4)

Intentionally left blank —Ed.

(a)

There is established the Public Access Account within the Connecting Oregon Communities Fund. The purpose of the Public Access Account is to improve access to advanced telecommunications services for community colleges, universities, public libraries and rural health care providers.

(b)

If funding has not been provided from other sources, the first $3 million available in the Public Access Account shall be transferred to the Higher Education Coordinating Commission for the purpose of funding the Oregon Wide Area Network project to provide and expand Internet access for public universities listed in ORS 352.002 (Public universities).

(c)

Following the transfer of funds described in paragraph (b) of this subsection, the next $1 million available in the Public Access Account shall be transferred to the Higher Education Coordinating Commission for Oregon State University for the purpose of providing virtual access to persons with disabilities.

(d)

Following the transfer of funds as described in paragraphs (b) and (c) of this subsection, the next $2 million available in the Public Access Account shall be transferred to the Higher Education Coordinating Commission for distribution to community colleges for the purpose of developing connectivity and distance education programs.

(e)

Following the transfer of funds described in paragraphs (b) to (d) of this subsection, the next $4 million available in the Public Access Account shall be transferred to the Higher Education Coordinating Commission for video transport and network management services for public universities.

(f)

Following the transfer of funds described in paragraphs (b) to (e) of this subsection, the next $5.5 million available in the Public Access Account shall be transferred to the Oregon Public Broadcasting Corporation for the purpose of digitizing the state television network, using the Oregon Enterprise Network when possible.

(g)

Following the transfer of funds described in paragraphs (b) to (f) of this subsection, the next $500,000 available in the Public Access Account shall be transferred to the Southern Oregon Public Television Corporation for the purpose of digitizing the state television network, using the Oregon Enterprise Network when possible.

(h)

Following the transfer of funds described in paragraphs (b) to (g) of this subsection, a public university listed in ORS 352.002 (Public universities) or the Oregon Health and Science University may apply for one-time matching funds up to $1 million from the Public Access Account to endow a telecommunications chair for the purpose of increasing research and development of advanced telecommunications services applications. Only one chair may be endowed under this paragraph.

(5)

Intentionally left blank —Ed.

(a)

The Oregon Business Development Commission shall approve expenditure of any remaining moneys in the Public Access Account consistent with this section and ORS 759.430 (Approval of projects funded by carrier’s Telecommunications Infrastructure Account).

(b)

Community colleges, public universities listed in ORS 352.002 (Public universities), public libraries, public television corporations and rural health care providers may apply to the Oregon Business Development Commission for funding from the Public Access Account under this subsection.

(c)

Funds received from the account shall be used for the purchase of advanced telecommunications services, equipment or recurring costs of telecommunications connectivity. Priority shall be given to collaborative projects that improve access to advanced telecommunications services.

(d)

Funds available in the Public Access Account under this subsection are continuously appropriated to the Oregon Business Development Department for the purposes described in this subsection.

(6)

Public libraries and rural health care providers must apply for federal universal service support in order to be eligible for a grant from the Public Access Account.

(7)

The video transport and network management services purchased with funds made available under this section shall be purchased through the Oregon Department of Administrative Services.

(8)

Any moneys deposited in the Connecting Oregon Communities Fund under subsection (1) of this section pursuant to a performance assurance plan implemented by a telecommunications carrier in connection with an application under 47 U.S.C. 271, as in effect on January 1, 2002, shall be placed in the School Technology Account to be expended as provided in section 34, chapter 1093, Oregon Laws 1999. [1999 c.1093 §33; 2001 c.966 §7; 2009 c.762 §89; 2011 c.637 §290; 2015 c.366 §98; 2015 c.767 §209]

Source: Section 759.445 — Connecting Oregon Communities Fund; School Technology Account; Public Access Account, https://www.­oregonlegislature.­gov/bills_laws/ors/ors759.­html.

759.005
Definitions
759.015
Legislative findings on universal telecommunications service
759.016
Legislative findings on broadband services
759.020
Certificate of authority
759.025
Certificates of authority for persons, companies and corporations providing services on January 1, 1986
759.027
Shared telecommunications service provider
759.035
Duty to furnish adequate and safe service at reasonable rates
759.036
Commission authority
759.040
Exemptions for certain unaffiliated utilities with fewer than 50,000 access lines
759.045
Special rules for utilities exempted from regulation under ORS 759.040
759.050
Competitive zone service regulation
759.052
Commission authority to exempt telecommunications services from regulation
759.054
Price listing for product or service offered as part of local exchange telecommunications services
759.056
Price listing for product or service offered as part of interexchange telecommunications services
759.058
Commission action on petition under ORS 759.052, 759.054 or 759.056
759.060
Information submitted by local exchange telecommunications utilities
759.070
Charge to access public body radio tower
759.075
Authority to construct lines and facilities
759.080
Use of property outside limits of municipal corporation
759.120
Form and manner of accounts prescribed by commission
759.125
Records and accounts prescribed by commission
759.130
Closing date of accounts
759.135
Depreciation accounts
759.175
Filing rate schedules and data with commission
759.180
Hearing on reasonableness of rates
759.182
Rate schedules for service promotions
759.185
Suspension of rates pending hearing
759.190
Notice of schedule change
759.195
Price listing of services
759.200
Inclusion of amortizations in rates
759.205
Conformance of rates charged with schedule
759.210
Classification of service and rates
759.215
Public access to schedules
759.218
Revenues and expenses of unregulated activities
759.219
Certain taxes as operating expense
759.220
Joint rates and classifications
759.225
Application of ORS 759.220 to unincorporated associations and cooperative corporations
759.230
Measured service rate for business customers
759.235
Mandatory measured service rate
759.240
Measuring quality of service
759.245
Examination and testing of measuring appliances
759.250
Contracts for special services
759.255
Setting prices without regard to return on utility investment
759.257
Extended area service: Portland to Scappoose
759.259
Extended area service: Portland to Molalla
759.260
Unjust discrimination in rates
759.265
Practices not constituting unjust discrimination
759.267
Service promotion activities
759.270
Reducing rates for persons furnishing part of facilities
759.275
Undue preferences and prejudices
759.280
Soliciting or accepting rebates or special advantage
759.285
Charging rates based on cost of property not presently providing service
759.300
“Stocks” defined
759.305
Power to regulate issuance of telecommunications stocks
759.310
When issuance of securities void
759.315
Purposes for which securities may be issued
759.320
Application of ORS 759.315
759.325
Application of ORS 759.375
759.330
Hearings and supplemental orders for securities issuance
759.335
Obligation of state as consequence of approval of issuance
759.340
Conditional approval of issuance
759.345
Use of proceeds from issuance
759.350
Limitation on authority of utility to guarantee debt of another
759.355
Issuance or use of proceeds contrary to commission order
759.360
Prohibited acts regarding issuance of securities
759.375
Approval prior to sale, mortgage or disposal of operative utility property
759.380
Purchase of stock or property of another utility
759.385
Contracts regarding use of utility property
759.390
Contracts with affiliated interests
759.393
Applicability of ORS 759.385 and 759.390
759.400
Definitions for ORS 759.400 to 759.455
759.405
Election of regulation under ORS 759.405 and 759.410
759.410
Intent of ORS 759.410
759.415
Order in rate proceeding filed prior to January 1, 1999, to establish maximum rate for affected telecommunications services
759.420
Application of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law
759.425
Universal service fund
759.430
Approval of projects funded by carrier’s Telecommunications Infrastructure Account
759.435
Assessment of telecommunications infrastructure and community needs
759.440
Additional funding for evaluating project plans
759.445
Connecting Oregon Communities Fund
759.450
Minimum service quality standards
759.455
Prohibited acts
759.500
Definitions for ORS 759.500 to 759.570
759.506
Purpose of allocated territory laws
759.535
Application to serve unserved territory
759.560
Assignment or transfer of allocated territory
759.565
Injunction against unauthorized provision of service
759.570
Application of law to local government
759.580
Power of commission to require service to unserved territory
759.585
Definitions for ORS 759.585 to 759.595
759.590
Application for service by unserved person
759.595
Criteria for granting application for service
759.650
Definitions for ORS 759.650 to 759.675
759.655
Authority of commission to regulate attachments
759.660
Fixing charges or rates
759.665
Considerations in determining just and reasonable rate
759.670
Presumption of reasonableness of rates set by agreement
759.675
Regulatory procedure
759.680
Operator service provider duties to service users
759.685
Surcharge assessed on retail telecommunications subscribers
759.687
Residential Service Protection Fund
759.688
Oregon Telephone Assistance Program Advisory Committee
759.689
Use of surcharge for marketing and outreach to increase participation rate in plan of assistance
759.693
Definitions
759.694
Legislative recognition of need
759.695
Program for assistive telecommunication devices and communication facilitator services
759.696
Telecommunication Devices Access Program Advisory Committee
759.697
Program coordinator
759.698
Eligibility
759.700
Definitions for ORS 759.700 to 759.720
759.705
Program message preamble
759.710
Pay-per-call information
759.715
Information service blocking
759.720
Action against information provider for failure to comply with law
759.730
Unauthorized changes in telecommunications carriers (“slamming”)
759.900
Liability of utility
759.990
Penalties
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