(1) If the Oregon Business Development Department establishes a program to support broadband service infrastructure under ORS § 285A.180 that provides loans or grants using moneys from the federal Coronavirus Capital Projects Fund (42 U.S.C. § 804), the following shall apply:

(a) For purposes of the broadband service infrastructure program, ‘underserved location’ means, based on broadband mapping data published by the Federal Communications Commission or the State of Oregon, a location at which there is no service provider offering reliable wireline broadband service at a speed of at least 100 megabits per second for downloads and 20 megabits per second for uploads.

(b) To be eligible for a loan or grant under the broadband service infrastructure program, an applicant shall demonstrate that at least 80 percent of the broadband-serviceable locations on a proposed broadband service infrastructure project’s service route that the proposed broadband service infrastructure project will serve are underserved locations.

(c) The broadband service infrastructure program shall provide for a process for challenging an application that, except when applicable federal funding requirements require otherwise:

(A) Provides for a period of 30 days from the date that a pending application is published, during which time a broadband service provider may challenge, in writing, the application;

(B) Allows a broadband service provider to challenge an application on the basis that a location, described in the application as an underserved location that the proposed broadband service infrastructure will serve, is not an underserved location because:

(i) The broadband service provider provides broadband service at the requisite speeds to the location; or

(ii)(I) The broadband service provider has an enforceable commitment to provide broadband service at the requisite speeds to the location; and

(II) The commitment to provide broadband services at the requisite speeds to the location is by a date that is earlier than the date the proposed broadband service infrastructure will begin to provide broadband services, as described in the application; and

(C) Allows an applicant to amend an application in response to a decision regarding a challenge.

(2) If the department establishes a program to support broadband service infrastructure under ORS § 285A.180 that provides loans or grants using moneys from the federal Broadband Equity, Access, and Deployment Program established under 47 U.S.C. § 1702, the following shall apply:

(a) For purposes of the broadband service infrastructure program:

(A) ‘Underserved location’ means, based on broadband mapping data published by the Federal Communications Commission or the State of Oregon, a location at which there is no service provider offering reliable broadband service at a speed of at least 100 megabits per second for downloads and 20 megabits per second for uploads and with a latency equal to or less than 100 milliseconds. ‘Underserved location’ does not include an unserved location.

(B) ‘Unserved location’ means, based on broadband mapping data published by the Federal Communications Commission or the State of Oregon, a location at which there is no service provider offering reliable broadband service at a speed of at least 25 megabits per second for downloads and three megabits per second for uploads and with a latency equal to or less than 100 milliseconds.

(b) To be eligible for a loan or grant under the broadband service infrastructure program, an applicant shall demonstrate that at least 80 percent of the broadband-serviceable locations on a proposed broadband service infrastructure project’s service route that the proposed broadband service infrastructure project will serve are underserved locations or unserved locations. [2023 c.338 § 1a]

See note under 285A.180.

(Brownfields Redevelopment and Cleanup)