Oregon Administrative Rules
Chapter 128 - DEPARTMENT OF ADMINISTRATIVE SERVICES, OFFICE OF THE STATE CHIEF INFORMATION OFFICER
Division 10 - Providing Broadband Services and Operations to Non-State Entities
Section 128-010-0045 - Community of Interest

Universal Citation: OR Admin Rules 128-010-0045

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Community of Interest. An entity may apply to the Office to be classified as a Community of Interest for purpose of these rules by submitting an application to the Office that includes 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

(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, if any.

(h) Signature of applicant or its authorized representative.

(2) The Office shall approve or deny a submitted application within twenty (20) business days from actual receipt of the application. Following the Office'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, a Community of Interest may enter into a formal agreement with the Office to extend to the Community of Interest certain benefits of communications contracts for networks, equipment and services negotiated and executed by the State of Oregon.

(3) A Community of Interest Designation is a privilege, not a right. Designation expires one (1) year from the date of issuance. However, the Office 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. Abuse of Community of Interest status includes, but is not limited to, the designee's resale of extended state telecommunications contract benefits.

(b) A finding that the designee can no longer satisfy the criteria under these rules to continue qualifying as a Community of Interest.

(4) 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) business 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.

Statutory/Other Authority: ORS 276A

Statutes/Other Implemented: Or Laws 2018, ch 51 (HB 4023)

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