Oregon Statutes 276A.406 – Acquisition of broadband and communications services
(1) As used in this section and ORS § 276A.412 and 276A.421:
Terms Used In Oregon Statutes 276A.406
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(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.
(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, a competitive telecommunications provider as defined in ORS § 759.005, 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 and notwithstanding ORS § 276A.206 (6)(c), may provide broadband services and operations in unserved or underserved areas to any other public body, as defined in ORS § 174.109, 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.
(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]