Or. Admin. R. 860-200-0150

Current through Register Vol. 63, No. 8, August 1, 2024

Section 860-200-0150 - Application Requirements

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.

Or. Admin. R. 860-200-0150

PUC 2-2016, f. & cert. ef. 5/3/2016

Stat. Auth.: ORS 756.040, ORS 308.677

Stats. Implemented: ORS 308.677