Current through Register Vol. 63, No. 9, September 1, 2024
The application must contain all of the following:
(1) The name and mailing address of the
applicant and the name, mailing address, telephone number, and electronic mail
address of the following: the applicant's representative; an individual
authorized to answer technical questions regarding the application, if
different from the applicant's representative; and, if applicable, the
applicant's legal counsel.
(2) A
certification executed by an authorized representative of the company that the
applicant's project meets the requirements for a qualified project set forth in
ORS 308.677(2). The representative's certification must be a sworn statement
under ORS 162.055 attesting to the truth
of the certification.
(3) A
written commitment by the applicant that when its network depends in part on a
third party to provide the qualified service, the applicant will use
commercially reasonable practices to ensure that the use of any third party
will not impede the performance of the project's infrastructure in providing
the applicant's qualified service.
(4) A paper map and an electronic version
with GIS-compatible map layers of the area served or to be served by the
project's infrastructure depicting:
(a)
County labels and boundaries; and
(b) City labels and boundaries.
(5) A list of Oregon cities and
counties where the applicant's project is or will be located, including the
name and contact information for the representative of each such city and
county that the applicant understands is most knowledgeable with respect to the
applicant's project. The applicant must highlight the contacts on this list
that represent cities with which the applicant has entered into a franchise fee
agreement to provide services to which the application relates.
(6) A list, in an Excel-readable spreadsheet
format, of the census blocks served or planned to be served by the project, and
for each census block:
(a) The number of
occupied households (using the most current available U.S. Census statistics);
(b) The number of those occupied
households with access or planned access to the applicant's communication
services that will be enabled by the project, as described in the application;
and
(c) The associated county.
(7) For an applicant
that is providing broadband service to residential customers in Oregon at the
time of the application, the number of the applicant's existing residential
broadband customers in Oregon and the number of those residential broadband
customers with access to the applicant's qualified service and the number of
those residential broadband customers with planned access to the qualified
service.
(8) An electronic
version, in Excel-readable spreadsheet format, of the applicant's Federal
Communications Commission (FCC) Form 477, most recently filed, if any, with the
FCC by the applicant, listing only Oregon-specific broadband subscription data
exactly as compiled and submitted for filing, including all filer number and
name identifiers including, but not limited to, FRN, Provider Name, and DBA
Name. Information identified as confidential in the applicant's filing with the
FCC must be identified as confidential consistent with OAR 860-001-0070.
(9) A description of the project.
The applicant must provide information regarding the project sufficient to
allow the Commission to make a determination as to whether the project is
capable of providing the qualified service. Subsections (a) through (d) of this
section are non-exclusive examples of acceptable information that may be
provided. The information the applicant provides to demonstrate its project's
qualifying capabilities may be, but is not limited to, one of the examples in
subsections (a) through (d) below.
(a) A
description of the project's infrastructure that enables the applicant to offer
the qualified service, a provision for physical observation of key network
elements by Commission staff and speed test data of a statistically significant
number of customers who receive service that provides, at least, approximately
one gigabit per second symmetrical service. The speed test methodology must
conform to industry standards. The project's infrastructure description must
specifically identify:
(A) The transport
medium and basic technology or technologies utilized;
(B) A drawing of the infrastructure topology
that includes an indication where the network's key infrastructure in paragraph
(C) of this subsection is utilized;
(C) The technical specifications of the
network's key infrastructure and equipment directly affecting network capacity
including, but not limited to, routers, switches, hubs, and other integral
active or passive electronics and transport medium including, but not limited
to, coaxial cable, copper wire, and fiber;
(D) The capacity provided at the applicant's
internet traffic aggregation points; e.g., the engineered throughput ratio of
switch or router equipment used at aggregation points including an indication
in the description of paragraph (C) of this subsection which network key
infrastructure is used at the aggregation points;
(E) The tier designation of the applicant's
internet backbone provider; and
(F) A copy of a customer service agreement
for Oregon customers who receive service that provides, at least, approximately
one gigabit per second symmetrical service.
(b) A description of the project's planned
infrastructure that will enable the applicant to offer the qualified service.
The description must specifically identify:
(A) The transport medium and basic technology
or technologies utilized;
(B) A
drawing of the infrastructure topology that includes an indication where the
network's key infrastructure in paragraph (C) of this subsection is planned;
(C) The technical specifications
of the network's key infrastructure and equipment directly affecting the
network capacity including, but not limited to, routers, switches, hubs, and
other integral active or passive electronics and transport medium including,
but not limited to, coaxial cable, copper wire, and fiber;
(D) The capacity provided at the applicant's
internet traffic aggregation points; e.g., the engineered throughput ratio of
switch or router equipment used at aggregation points including an indication
in the description of paragraph (C) of this subsection of which network key
infrastructure is planned at the aggregation points;
(E) The tier designation of the applicant's
internet backbone provider; and
(F) One of the following:
(i) Documentation that the applicant operates
a network in another jurisdiction confirming that the applicant's communication
services operating in that jurisdiction are capable of providing, at least,
approximately one gigabit per second symmetrical service along with, for
comparison purposes, any technical data and network information provided to the
referenced jurisdiction by the applicant. Documentation may be provided by the
applicant or the referenced jurisdiction. Applicant will also provide a copy of
a customer service agreement for customers in the referenced jurisdiction who
receive service that provides, at least, approximately one gigabit per second
symmetrical service. The applicant must provide contact information for
individuals in the referenced jurisdiction for technical questions.
Documentation need not be provided if the applicant is not providing service
of, at least, approximately one gigabit per second symmetrical service in
another jurisdiction; or
(ii) A
copy of all franchise agreements in effect where the applicant intends to
provide the qualified service if such agreements require the applicant to
provide and operate a project for the qualified service as described in ORS
308.677(2).
(c) An applicant may provide a third-party
engineering certification from an Oregon licensed professional engineer, in
good standing, with a report detailing the reviewing engineer's qualifications
as an independent evaluator and a description of the methodology used in the
third-party's examination of the applicant's infrastructure sufficient to allow
the engineer to certify that the applicant's project is capable of providing
the qualified service.
(d) An
applicant may provide documentation that the applicant participates in a
qualified gigabit network certification program from a national organization
recognized by the Commission as competent to certify a gigabit network and that
the applicant has received a certification that the project identified in the
application is capable of providing the qualified service.
Stat. Auth.: ORS
756.040, ORS 308.677
Stats. Implemented: ORS
308.677
