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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF ADMINISTRATIVE SERVICES

 

DIVISION 400

PROVISIONS FOR EXTENDING TELECOMMUNICATIONS SERVICES TO QUALIFIED PUBLIC AND PRIVATE ENTITIES

 

125-400-0000

Purpose, Applicability, and Effective Date

(1) The Legislative Assembly has declared the following provisions to be part of the policy of the State of Oregon regarding information technology:

(a) Use information technology in education, health care, economic development and government services to improve economic opportunities and quality of life for all Oregonians regardless of location or income.

(b) Encourage collaboration between Communities of Interest by geographic area and economic sector.

(c) Encourage competition among technology and service providers.

(2) The Department of Administrative Services ("Department") for the State of Oregon is the agency responsible for a statewide mandate to coordinate the development of and access to or delivery of telecommunications services to all state agencies and public or private entities that primarily operate for the public benefit in the areas of education, economic development, health care, human services, public safety, library or other similar public services related to the improvement of economic opportunities and quality of life in Oregon.

(3) The Enterprise Technology ServicesDivision ("Division") is the division within the Department through which the Department exercises its authority and privileges and discharges its duties and obligations related to the statewide information technology policy.

(4) The provisions of ORS 283.510 and 283.520, subsection (1), permit the Department to establish a statewide advanced digital communication network, and authorize the Department to execute contracts for the telecommunications equipment and services needed to establish such network.

(5) The provisions of ORS 283.520, subsection (2), authorize the Department to exercise its discretion in deciding to extend the benefits of state telecommunications contracts for networks, equipment and services to nonprofit organizations designated as Communities of Interest under the provisions of ORS 291.038, subsection (7).

(6) The provisions of ORS 291.038, subsection (5)(a), authorize the Department to exercise its discretion in deciding to furnish or deliver Statewide Integrated Video Conferencing and Statewide On-line Access Service to public and private entities that primarily conduct their activities for the direct good or benefit of the public or community-at-large in providing educational, economic development, health care, human services, public safety, library or other public services.

(7) The purposes of these rules are to:

(a) Define essential terms.

(b) Describe the application, review and appeal process regarding Community of Interest designation.

(c) Describe the application, review and appeal process regarding the furnishing or delivery of Statewide Integrated Video Conferencing and Statewide On-line Access services.

(8) These rules apply after January 1, 2000 to:

(a) Public or private entities seeking one or both of the following:

(A) Community of Interest designation, redesignation or appeal of denial of designation.

(B) Approval, reapproval or appeal of denial of application for Statewide Integrated Video Conferencing or Statewide On-line Access services.

(b) Local Established Providers seeking inclusion in the Division's listing of Internet access service providers.

(c) The renewal provisions of 125.400.0050 (3) do not apply to subscribers of Internet Access services provided by the Divisiont who have active accounts as of the effective date of these rules and there is no break in service by the subscriber subsequent to the effective date of rules.

Stat. Auth.: ORS 283.500, ORS 283.510, ORS 283.520 & ORS 291.038
Stats. Implemented: ORS 283.520 & ORS 291.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0010

Definitions

As used in Chapter 125, Division 400, unless the context requires otherwise:

(1) "Advanced Digital Communication Network" means a network of equipment, facilities and services capable of distributing digital communications signals for the transmission of voice, data, image and video over distances.

(2) "Affiliation" means a current relationship formalized in writing between two or more entities conducting activities in Oregon.

(3) "Break in Service" means the subscriber elects to not renew an Internet Access service account within 30 days of expiration.

(4) "Community of Interest (COI)" means an organization or organizations designated to receive available benefits from state telecommunications contracts based upon its satisfaction of all statutory requirements under ORS 291.038, subsection (7) and regulatory requirements under these rules.

(5) "Enterprise Technology Services" is the Division that is responsible for offering access to an integrated telecommunications network capable of transmitting video, voice and data communications to support the delivery of Statewide Integrated Video Conferencing and Statewide On-line Access services to any public or private entity qualified under the provisions of ORS 291.038, subsection (5)(a) and these rules.

(6) "Department" refers to the Department of Administrative Services for the State of Oregon.

(7) "Division" refers to the Enterprise Technology Services Division that is the division within the Department that manages the state's telecommunications networks.

(8) "Entity" includes any natural person capable of being legally bound, a sole proprietorship, a limited liability company, a corporation, foreign corporation, nonprofit corporation, profit and nonprofit unincorporated association, business trust, partnership, two or more persons having a joint or common economic interest, or a government or governmental subdivision.

(9) "Incidental Beneficiary" means:

(a) Any entity that derives some incidental benefit from a contract to which it was not a donee, creditor or other party;

(b) Did not pay or otherwise contribute any value;

(c) Was not treated in any manner as an intended party; and

(d) Is not entitled to any action.

(10) "Internet Access Service" means the component of Statewide On-line Access that provides electronic connectivity to the Internet and its services.

(11) "ETS Web Site" refers to the publicly accessed Internet site maintained by the Division.

(12) "Local Established Provider" means Internet access service providers who satisfy all of the following criteria:

(a) Registration with the state of Oregon to do business within the state and the subject Local Exchange Telecommunications Service Area.

(b) Registration with the Division as an Internet access service provider for the subject Local Exchange Telecommunications Service Area.

(c) Acquisition, establishment, maintenance and current commercial use of operational dial-up equipment physically located within the subject Local Exchange Telecommunications Service Area.

(13) "Local Exchange Telecommunications Company" means a private entity with the capacity to deliver hardware, software or services for transmitting voice, data, video or images over distance; currently engaged in the business of such delivery of hardware, software or services; and registered with the State of Oregon Business Registry to conduct business for such purposes within the Local Exchange Telecommunications Service Area.

(14) "Local Exchange Telecommunications Service Area" is the geographically and legally defined area in which a person may access telecommunications information through a Local Exchange Telecommunications Company, without imposition of long distance telephone charges.

(15) "Nonprofit Organization" means an organization that can establish current satisfaction of all requirements for tax exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986.

(16) "Statewide Integrated Video Conferencing" means the Division-operated statewide electronic system with the capacity to transmit video, voice and data communications.

(17) "Statewide On-line Access" means the Division-operated electronic connectivity to information resources such as computer conferencing, electronic mail, databases and Internet Access.

(18) "State Telecommunications Contracts" are contracts negotiated by the Department on behalf of state agencies, as authorized under ORS 283.520, subsection (1). These contracts are for basic telecommunications services as well as long distance telecommunications services.

(19) "Telecommunications" means the hardware, software and services for transmitting voice, data, video and images over a distance.

Stat. Auth.: ORS 283.520 & ORS 291.038
Stats. Implemented: ORS 283.520 & ORS 291.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0020

Benefits from State Telecommunications Contracts Extended to Communities of Interest

(1) The Department is responsible for establishing and maintaining a statewide advanced digital communications network; and has the authority to contract with telecommunications service providers and equipment manufacturers in constructing, maintaining and operating such network.

(2) In keeping with the statewide information technology policy, and to encourage collaboration between Communities of Interest by geographic area and economic sector, the Department has discretionary authority to act through the Division to extend benefits from state telecommunications contracts for networks, equipment and services to designated Communities of Interest.

(3) Designated Communities of Interest may contact the Division by mail at 530 Airport Rd SE, Salem OR 97310 for current information on available state telecommunications contract benefits.

(4) Designated Communities of Interest receiving benefits from these state telecommunications contracts for networks, equipment and services are not deemed parties to the subject contracts. Their enjoyment of any available state telecommunications contract benefits is merely incidental, is not guaranteed and is not intended to and does not confer any contract rights upon them. Communities of Interest are neither donee nor creditor third party beneficiaries, but merely Incidental Beneficiaries who are not entitled to any action on the contract. The particular state telecommunications contract benefits are personal to each Community of Interest recipient, and recipients shall not use these benefits for resale. Failure to adhere to these guidelines could result in cancellation of Community of Interest designation and forfeiture of contract benefits.

Stat. Auth.: ORS 283.520 & ORS 291.038
Stats. Implemented: ORS 283.520 & ORS 291.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0030

Designation of Communities of Interest; Application; Approval; Cancellation; Redesignation

(1) The Division may designate an organization or organizations as a Community of Interest upon the applicant's full and complete compliance with these rules and its full and complete satisfaction of all statutory criteria under the provisions of ORS 291.038, subsection (7).

(2) Applications for Community of Interest designation shall be made on forms provided by the Division. These forms are available online at ETS Web Site or from the Division Data and Video Services Unit located at 530 Airport Rd SE, Salem OR, 97310. Completed application forms shall be submitted to the Division by mail addressed to 155 Cottage Street N.E. in Salem, Oregon 97310-0315. Application forms are not complete and will not be considered unless and until they include all of the following items and required information:

(a) Applicant's name, home and office addresses and telephone numbers.

(b) Applicant's mailing address, if different from its listed home and office addresses.

(c) Evidence of applicant's nonprofit and tax exempt status under section 501(c)(3) of the Internal Revenue Code of 1986 (a copy of the Internal Revenue Service determination letter, or advance ruling, indicating that applicant is a section 501(c)(3) tax exempt organization shall meet this requirement).

(d) Evidence that applicant has complied with the relevant provisions of ORS 65.001 to 65.990, and is registered with the Oregon Secretary of State to do business in Oregon as a nonprofit corporation.

(e) Statement and supporting evidence that applicant's mission is primarily to conduct activities for the direct benefit or good to the public or community-at-large in Oregon in one or more of the following public service areas:

(A) Educational.

(B) Economic Development.

(C) Health Care.

(D) Human Services.

(E) Public Safety.

(F) Library.

(G) Other public services.

(f) Identification of the community-at-large served, if not readily apparent from the applicant's mission and activity statement and description.

(g) Evidence of applicant's current affiliation with a federal, state or local governmental unit within the State of Oregon.

(h) Identification of those particular state telecommunications contracts from which applicant seeks extension of benefits, if known.

(i) Signature of applicant or its authorized representative.

(3) The Division shall approve or deny a submitted application within twenty (20) working days from actual receipt of the application. Following the Division's approval of a submitted application, a written Community of Interest designation ("Designation") shall be issued to the successful applicant. Upon receipt of the Designation, and at the discretion of the Division, a Community of Interest may enter into a formal agreement with the Division to extend to the Community of Interest certain benefits of telecommunications contracts for networks, equipment and services negotiated and executed by the State of Oregon under the provisions of ORS 283.520.

(4)(a) A Community of Interest Designation is a privilege, not a right. Designation expires one (1) year from the date of issuance. However, the Division may cancel a Designation prior to its normal expiration for cause based upon clear and convincing evidence of either of the following:

(A) A finding that the designee is abusing, or has abused, its status as a Community of Interest.

(B) A finding that the designee can no longer satisfy the statutory criteria under the provisions of ORS 291.038(7) to continue qualifying as a Community of Interest.

(b) Abuse of Community of Interest status includes, but is not limited to, the designee's resale of extended state telecommunications contract benefits. Cancellations for cause are reviewable under the process described in OAR 125-400-0080 below.

(5) Organizations seeking Community of Interest redesignation must follow the same process and are subject to the same eligibility requirements as if applying for an initial designation. Organizations seeking redesignation must submit their completed applications thirty (30) working days prior to the annual expiration date for their current Designation. Timely submissions will operate to extend the current Designation to cover the period necessary to review and take action on the new application for redesignation.

Stat. Auth.: ORS 283.520 & ORS 291.038
Stats. Implemented: ORS 283.520 & ORS 291.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0040

Denial of Community of Interest Designation; Reconsideration; Appeal

(1) An unsuccessful applicant for Designation shall receive a written notice that articulates the basis for denial of Community of Interest Designation.

(2) A dissatisfied applicant may appeal denial of Designation as follows:

(a) Timely submit a written appeal through the Division within twenty (20) working days from the date of notice of denial of Designation. Appellants may submit appeal packets by mail addressed to 530 Airport Rd SE, Salem OR, 97310.

(b) Appellant must include the following items with the appeal packet:

(A) A letter or memorandum in which appellant explains the basis of appeal, identifies the relief sought and discusses the rationale in support of the requested relief.

(B) Any documentation or other evidence in support of the appeal.

(C) A copy of the notice of denial of Designation.

(D) A copy of the subject application for Designation and any attachments thereto.

(E) Any other matter requested by the Division.

(c) The Division shall have five (5) working days from actual receipt of the submission of appeal to either reconsider the denial decision and approve the underlying application for Designation, or forward the appeal to the Chief Information Officer for further review.

(d) The Division shall review and take action on the appeal within twenty (20) working days from actual receipt of the submission. Completed action on the appeal includes submission of a written response to appellant. Such response shall take the form of a grant or denial of appeal. Any notice of denial of appeal shall state the reasons therefore.

(e) An applicant who has first exhausted these administrative remedies and is still dissatisfied with the decision of the Division may pursue the matter through the Circuit Court of the State of Oregon for Marion County.

(f) Failure to meet the timelines in this section will forfeit an applicant's rights to appeal at any level.

Stat. Auth.: ORS 283.520 & ORS 291.038
Stats. Implemented: ORS 283.520 & ORS 291.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0050

Access to Statewide Integrated Video Conferencing and Statewide On-line Access Services

(1) In keeping with the statewide information technology policy the Department has discretionary authority to act through the Division to furnish and deliver available Statewide Integrated Video Conferencing ("Video") and Statewide On-line Access ("On-line Access") services to those qualified to purchase these services under the provisions of ORS 291.038, subsection (5)(a) and these rules.

(2) Current information regarding user fees and rates is available online at the ETS Web Site or from the office of the Division located at 530 Airport RD SE, Salem OR, 97310.

(3) Internet Access Service is a component of Statewide On-line Access Service. In compliance with the provisions of ORS 291.038, subsection (5)(c), the Department and Division shall not furnish or deliver this component of Statewide On-line Access to private entities where furnishing or delivering such service would directly compete with two or more Local Established Providers of such service within the Local Exchange Telecommunications Service Area. In communities with fewer than two Local Established Providers of such service within the Local Exchange Telecommunications Service Area, the Department and Division may furnish or deliver this component of Statewide On-line Access Service to public or private entities. The Division may refer private entities who are denied Internet Access Service under this section to a list of Internet access service providers conducting business in the subject Local Exchange Telecommunications Service Area. Internet access service providers may seek inclusion on this list through the process described in OAR 125-400-0090 below.

Stat. Auth.: ORS 283.520 & ORS 291.038
Stats. Implemented: ORS 283.520 & ORS 291.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0060

Application Process for Video and On-line Access Services

(1) The Division may furnish and deliver available Video and On-line Access services to public and private entities qualified under ORS 291.038, subsection (5)(a).

(2) Current Community of Interest designees are automatically qualified to purchase Video and On-line Access services.

(3) All applications for Video and On-line Access services shall be made on forms provided by the Division. These forms shall request information pertinent to the Division's determination that the applicant primarily conducts its activities for the direct good or benefit of the public or community-at-large in providing education, economic development, health care, human services, public safety, library or other public services in satisfaction of the qualifying criteria listed under ORS 291.038, subsection (5)(a). The forms are available online at the ETS Web Site or from the office of the Division located at 530 Airport Rd SE, Salem, OR, 97310. Completed application forms shall be submitted to the Division, electronically, or by mail.

(4) The Division shall approve or deny a submitted application for Video or On-line Access services within twenty (20) working days from actual receipt of the submission. Following approval, the applicant is deemed a qualified subscriber and may purchase the identified services at the designated levels of service.

(5) Use of Video and On-line Access services is a privilege, not a right. Services furnished and delivered to subscribers are personal to them, and subscribers shall not use them for resale. The Division may cancel a subscription prior to its normal expiration for cause based upon clear and convincing evidence of any of the following:

(a) A finding that the subscriber is abusing, or has abused, its privilege as a subscriber.

(b) A finding that the subscriber can no longer satisfy the statutory criteria under the provisions of ORS 291.038, subsection (5)(a) to continue qualifying as a subscriber.

(c) Violating the terms of the User Agreement Form.

(6) An entity seeking to renew its subscription must follow the same application process and be subject to the same eligibility requirements as if applying for an initial subscription. Entities seeking subscription renewal must submit their completed applications thirty (30) working days prior to the expiration date for their current subscription. Timely submissions will operate to extend the current subscription to cover the period necessary to review and take action on the new application for subscription renewal.

Stat. Auth.: ORS 283.520
Stats. Implemented: ORS 283.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0070

Denial of Application for Video or On-line Access Services; Reconsideration; Appeal

(1) An unsuccessful applicant for Video or On-line Access services shall receive a written notice from the Division that articulates the basis for denial of application.

(2) A dissatisfied applicant may appeal this denial as follows:

(a) Timely submit a written appeal through the Division within twenty (20) working days from the date of the notice of denial. Appellants may submit appeal packets by mail addressed to 155 Cottage Street N.E., Salem, Oregon 97310-0315.

(b) Appellant must include the following items with the appeal packet:

(A) A letter or memorandum in which appellant explains the basis of appeal, identifies the relief sought and discusses the rationale in support of the requested relief.

(B) Any documentation or other evidence in support of the appeal.

(C) A copy of the notice of denial.

(D) A copy of the subject application for Video or On-line Access services and any attachments thereto.

(E) Any other matters requested by the Division.

(c) The Division shall have five (5) working days from actual receipt of the submission of appeal to either reconsider the denial and approve the underlying application for Video or On-line Access services, or forward the appeal to the Division for further review.

(d) The Division shall review and take action on the appeal within twenty (20) working days from actual receipt of the submission. Completed action on the appeal includes submission of a written response to appellant. Such response shall take the form of a grant or denial of appeal. Any notice of denial of appeal shall state the reasons therefore.

(e) An applicant who has first exhausted these administrative remedies and is still dissatisfied with the decision of the Division may pursue the matter through the Circuit Court of the State of Oregon for Marion County.

(f) Failure to meet the timelines in this section will forfeit an applicant's rights to appeal at any level.

(3) Private entities who are denied Internet Access Service under ORS 291.038, subsection (5)(c) and OAR 125-400-0050(3) may request review of such denial under the reconsideration and appeal process described in this section.

Stat. Auth.: ORS 283.520
Stats. Implemented: ORS 283.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0080

Cancellation of Community of Interest Designation and Approval for Video or On-line Access Services; Right to Contested Case; Collaborative Dispute Resolution

(1) The Division shall adhere to the dispute guidelines and procedural rules as established under OAR 125-001-0005.

(2) To the extent possible, the Division shall encourage the use of alternative and collaborative dispute resolution procedures.

Stat. Auth.: ORS 283.520, 291.038
Stats. Implemented: ORS 283.520, 291.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

125-400-0090

Listing of Internet Access Service Providers

(1) Under the authority of ORS 291.038, subsection (5)(c) and OAR 125-400-0050(3) above, the Division shall not provide Internet Access Service to private entities where furnishing or delivering such service would directly compete with two or more Local Established Providers of such service within the subject Local Exchange Telecommunications Service Area. The Division may refer these private entities to its central list of Local Established Providers who are currently conducting business and providing Internet access service in the subject Local Exchange Telecommunications Service Area.

(2) Internet access service providers may submit a written request for inclusion in this central list of Local Established Providers. They must submit such requests on forms provided by the Division. These request forms are available online at the ETS Web Site. Completed request forms shall be submitted either electronically or by mail addressed to the Division. Request forms are not complete and will not be considered unless and until they include all of the following items and required information:

(a) Applicant's business name, address, mailing address, electronic mail address, and telephone and facsimile machine numbers.

(b) Names and addresses of all principal owners.

(c) Identification of principal contact.

(d) Proof that the applicant is registered with the Oregon Secretary of State to do business as an Internet access service provider in Oregon.

(e) Date of business establishment and current number of employees.

(f) A complete list of all Oregon cities and towns where applicant's Internet access service is available without imposition of long distance charges.

(g) Length of time applicant's business has been offering Internet access service in the subject Local Exchange Telecommunications Service Areas.

(h) Applicant's business support desk/help line telephone number.

(i) Type of services offered.

(3) The central list of Local Established Providers may be posted electronically on a web page maintained by the Division.

(4) The central list of Local Established Providers shall contain a disclaimer that reads: "The State of Oregon maintains this listing as a courtesy and does not make recommendations on specific qualifications of listed companies. Consumers who choose to use the list as a reference to contact any listed companies agree that: (i) such use is purely voluntary on their part, (ii) they use the list at their own risk, (iii) they shall defend, save, hold harmless and indemnify the State of Oregon, Department and Division and their officers, employees and agents from and against any claims, suits, or actions of any nature whatsoever for losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of, or relating to consumers' contacts and subsequent relationships with any listed companies, and (iv) the State of Oregon, Department and Division and their officers, employees and agents shall not be liable for any direct, indirect, incidental, consequential or special damages of any sort resulting from, arising out of, or relating to consumers' contacts and subsequent relationships with any listed companies. Consumers are encouraged to examine the proposed services of more than one company before subscribing to a single service. Listings posted here are voluntary and may not include all Internet access service providers doing business in Oregon."

(5) At least once every six months, the Division shall attempt to contact all Internet access service providers listed in the Division's central list of Local Established Providers to verify their eligibility for continued inclusion in the list. Such contact may be made electronically. If a listed provider fails to respond to such inquiry within thirty (30) days, the Division may remove it from the central list. In such circumstance, the state shall be held harmless and indemnified from any harm that is or could be caused to any provider who is removed from the list and who is in fact still operational.

(6) If Internet access service providers are ever dissatisfied either with the Division's decision not to include them in the central list of Local Established Providers, or with a Division decision to furnish and deliver Internet Access Service to private entities within a particular Local Exchange Telecommunications Service Area under ORS 291.038(5)(c) and OAR 125-400-0050(3) above, and the provider desires to complain about either Division action, then they shall first use the administrative appeal process described in OAR 125-400-0070 above.

Stat. Auth.: ORS 283.520, ORS 291.038
Stats. Implemented: ORS 283.520, ORS 291.038
Hist.: DAS 7-1999, f. 12-2-99, cert. ef. 12-3-99

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