Title 184 · ORS Chapter 184

410.340] (Broadband Installation) �� 184.911 Definitions for 184.911 to 184.925. As used in ORS 184.911 to 184.925: �� (1) �Broadband� means wide bandwidth communications transmissions

Citation: ORS 410.340

Section: 410.340

410.340]

(Broadband Installation)

�� 184.911 Definitions for 184.911 to 184.925. As used in ORS 184.911 to 184.925:

�� (1) �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.

�� (2) �Communications� means media that communicate voice, data, text or video over a distance using electrical, electronic or light wave transmissions.

�� (3) �Interstate highway� means every state highway that is part of the National System of Interstate and Defense Highways established pursuant to 23 U.S.C. 103(c).

�� (4) �State highway� has the meaning given that term in ORS 366.005.

�� (5) �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.

�� (6) �Underground utility infrastructure� means any underground wires, cables, conduits, switches, transmission equipment or other equipment for use in transmitting or processing broadband services or for providing support or connections to such equipment. [2021 c.524 �1]

�� 184.915 [1975 c.768 ��6,7; repealed by 1977 c.661 �5]

�� 184.916 Registry of telecommunication providers; identification of projects. (1) The Oregon Broadband Office within the Oregon Business Development Department shall develop a registry of telecommunications providers in this state. The office shall update the registry no less than once per year and shall make the most recently updated registry available to the Department of Transportation.

�� (2) The Department of Transportation shall identify potential projects included in the Statewide Transportation Improvement Program for which notification under subsection (3) of this section is required. Potential projects eligible for identification under this subsection:

�� (a) Must, except as otherwise provided in paragraph (b) of this subsection, include projects on a state highway that involve the construction of underground utility infrastructure, road construction, road resurfacing or other work that will result in longitudinal trenching spanning a minimum length to be determined by the department by rule and that could reasonably include, or prepare for, the installation of broadband conduit; and

�� (b) May only include projects on an interstate highway to the extent otherwise authorized under federal or state law.

�� (3) For each project identified under subsection (2) of this section, the department shall timely notify each telecommunications provider on the registry established under subsection (1) of this section:

�� (a) That the project has been identified as suitable for coordination with telecommunication providers;

�� (b) Of the telecommunication provider�s opportunity to coordinate with the department to accommodate installation of underground utility infrastructure; and

�� (c) Of the process for submitting a statement of interest to coordinate with the department on the project.

�� (4) The department shall provide each telecommunications provider that receives a notice under subsection (3) of this section no less than 30 days from the date the notice is issued to submit to the department a statement of interest to coordinate with the department.

�� (5) This section does not require the department to provide notice of an opportunity to coordinate for the installation of underground utility infrastructure directly to any telecommunications provider, other utility or any other entity in a manner not described in this section. [2021 c.524 �2]

�� 184.920 Process for selecting projects; rules. (1) For each project for which the Department of Transportation provided notice under ORS 184.916, the department shall engage with each telecommunications provider that submitted a statement of interest under ORS 184.916 (4) to determine whether accommodation of installation of underground utility infrastructure is appropriate.

�� (2) The department may develop, by policy or rule, guidance for carrying out the provisions of this section. Guidance developed pursuant to this subsection must include, at a minimum:

�� (a) Procedures for processing and reviewing statements of interest received from telecommunications providers by the department;

�� (b) Criteria for determining how to accommodate installation of underground utility infrastructure;

�� (c) Procedures for interested parties to negotiate collocation of underground utility infrastructure within the trenching involved in the project;

�� (d) Procedures for permitting processes; and

�� (e) Protest procedures.

�� (3) The department shall make the final determination of the suitability of modifying a project to include installation of underground utility infrastructure, and may prescribe any conditions, requirements, restrictions or other provisions related to the modifications the department deems necessary. Conditions, requirements, restrictions or provisions prescribed under this subsection may include, but need not be limited to, liability provisions, requirements related to the financial responsibilities for future relocation of underground utility infrastructure if relocation is necessary, indemnification provisions and penalties for failure to comply with the terms of a modification agreement. [2021 c.524 �3]

�� 184.925 Rules. The Department of Transportation and the Oregon Broadband Office may adopt rules as necessary to implement and administer ORS 184.911 to 184.925. [2021 c.524 �4]

(Jurisdictional Transfer Advisory Committee)

�� Note: Sections 1, 2, 3 and 7, chapter 323, Oregon Laws 2023, provide:

�� Sec. 1. (1) The Jurisdictional Transfer Advisory Committee is established within the Department of Transportation.

�� (2) The committee consists of 11 members appointed by the Governor. The members of the committee shall include:

�� (a) Two members who are transportation engineers;

�� (b) Two members who represent cities and who have experience working on transportation projects;

�� (c) One member who represents a county and who has experience working on transportation projects;

�� (d) One member who represents a regional government and who has experience working on transportation projects;

�� (e) One member who represents road users;

�� (f) One member who represents law enforcement;

�� (g) One member who represents transit users;

�� (h) One member who represents the advisory committee on bicycle traffic established in ORS