Current through Register Vol. 63, No. 9, September 1, 2024
(1) A petition requesting that the Commission
make a determination regarding whether a particular provider meets the standard
set forth in Oregon Laws 2018, Chapter 88, Section 1(4)(e) will be governed by
ORS
756.500 to
756.610 and the
generally applicable filing, contested case, discovery, and protective order
procedures contained in OAR chapter 860, division 001, and the requirements set
forth in this rule.
(2) A petition
under section (1) of this rule must conform with the requirements of OAR
860-001-0400(1) and
(2) and must include the following additional
information to the extent relevant information is available to the petitioning
party:
(a) The provider at issue and that
provider's certification under Oregon Laws 2018, Chapter 88, Section
1(4)(e)(A).
(b) A detailed
explanation of why Oregon Laws 2018, Chapter 88, Section 1(4)(e) applies to the
provider at issue. At a minimum, the explanation must address:
(A) which of the activities described in
Oregon Laws 2018, Chapter 88, Section 1(3) that the provider engaged in after
January 1, 2019, and the basis for this assertion;
(B) the date or dates on which the provider
ceased engaging in the activities identified in section (2)(b)(i) of this rule;
and
(C) the reason or reasons that
allowing a public body to contract with the broadband Internet access service
provider provides significant public interest benefits.
(c) Any public body, contract, or request for
proposal (RFP) to which the petition relates. If applicable, the petition
should include contact information for any public body identified and a
description of the current status of and timeline for the affected contract or
RFP. If the pleading relates to a procurement or contracting dispute, the
petition should also identify any negative determination made by the relevant
public body and indicate whether any applicable procurement appeal process was
utilized.
(d) Whether Oregon Laws
2018, Chapter 88, Section 1(4)(a) applies to the contract(s) or RFP(s)
identified under subsection (2)(c) of this rule. If it applies, the petition
should also explain why a determination under Oregon Laws 2018, Chapter 88,
Section 1(4)(e) is sought.
(e)
Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the activity
described in section (2)(b)(a) of this rule. If it applies, the petition should
also explain why a determination under Oregon Laws 2018, Chapter 88, Section
1(4)(e) is sought.
(f) Any parallel
or related proceedings pending in any forum, if known.
(g) A request for an appropriate protective
order, as needed.
(3) A
response to a petition filed under sections (1) and (2) of this rule must
conform with the requirements of OAR
860-001-0400(3) and
(4)(a) and must respond to or supplement the
information identified in section (2) of this rule to the extent relevant
information is available to the responding party.
Statutory/Other Authority: ORS Ch. 183, 756, OL 2018 Ch.
99
Statutes/Other Implemented: 2018 OL Ch. 88, Sect.
1(4)(e)
