(1)(a) If the State Chief Information Officer determines that the broadband services and operations proposed to be provided by the State Chief Information Officer under ORS § 276A.406 (2)(b) would directly compete with services already offered by a telecommunications provider, the State Chief Information Officer may only provide those services pursuant to the rules described in subsection (2) of this section.

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(b) For the purposes of this section, broadband services are considered to be already offered by a telecommunications provider if the provider can demonstrate its ability to provide the broadband services in the geographic area to be served within a reasonable time and for a reasonable cost.

(2) The State Chief Information Officer shall adopt rules governing how it provides the broadband services and operations under subsection (1)(a) of this section. The rules must:

(a) Describe the services that the State Chief Information Officer proposes to provide, including specifications for broadband services, such as minimum bandwidth, reliability, redundancy, deployment schedule and comparable cost;

(b) Describe the method by which the State Chief Information Officer will maintain and update its service offerings;

(c) Describe the process by which a telecommunications provider may demonstrate its ability to provide broadband services under subsection (1) of this section and to meet the specifications proposed by the State Chief Information Officer under paragraph (a) of this subsection; and

(d) Describe the situations in which the State Chief Information Officer may not provide the services.

(3) The State Chief Information Officer shall appoint an advisory committee no later than 60 days prior to rulemaking under this section to assist the State Chief Information Officer in the administration of this section.

(4) The advisory committee must include one representative from each of the following:

(a) A telecommunications provider in this state.

(b) A rural telecommunications consortium in this state.

(c) The Association of Oregon Counties.

(d) The League of Oregon Cities.

(e) A public school or education service district.

(f) A public university listed in ORS § 352.002.

(g) The State Interoperability Executive Council established under ORS § 403.450.

(h) The Oregon Broadband Advisory Council established under ORS § 285A.154.

(i) The public with an interest in broadband service availability.

(j) A nonprofit entity with an interest in broadband service availability.

(k) Any other public, private or nonprofit entity that the State Chief Information Officer determines is necessary to assist the advisory committee in performing its duties under this section.

(5) Before adopting rules described in this section, the State Chief Information Officer shall present the proposed rules to the Joint Legislative Committee on Information Management and Technology. [2018 c.51 § 5]