OAR 128-010-0040: Review of the Telecommunications provider Offer

(1) The Office will review all the offers submitted by the Telecommunications Providers to determine if the proposed Broadband services and operations are “already offered” by a Telecommunications Provider. (2) The proposed Broadband services and operations are “already offered” within a reasonable time and at a reasonable cost and within an area to a particular Site if a Telecommunications Provider offers to provide the Broadband services and operations to the Non-State Entity: (a) With reasonably equivalent specifications to those proposed to be provided by the Office; and (b) At local or regional market rate or at a cost reasonably equal to the Office’s estimated costs as set forth in the Opportunity Notice to provide the Broadband services and operations. For purposes of making this determination, the Office may consider total cost of ownership over a specified number of years, as set forth in the Opportunity Notice; and (c) Within 30 calendar days of the date that the Office proposes to provide the Broadband services and operations. (3) In making a determination of whether the proposed Broadband services are “already offered” in accordance with Section 2 above, the Office may consult with and seek the advice of the Non-State Entity that is requesting the Broadband services and operations. (4) If the Office determines that a proposed Broadband services and operations are already offered to the Site within the proposed area, then the Office will notify the Non-State Entity and the Telecommunications Providers that responded to the Opportunity Notice, and the Non-State Entity may acquire the Broadband services, in compliance with applicable law, from one or more of the Telecommunications Providers that demonstrate in their response to the Opportunity Notice that they are able to provide the requested services to the Site . (a) If more than one Telecommunications Provider demonstrates that it already offers the requested Broadband services and operations, then the requestor may select, in accordance with applicable law, which among those Telecommunications Providers it will contract with to provide the Broadband services and operations. The requestor shall advise the Office upon award of any contract. (b) If the requestor and a Telecommunications Provider fail to reach an agreement that requires the Telecommunication Provider to provide the proposed Broadband services and operations for the same or better specifications, costs or schedule of delivery, or if the Telecommunications Provider fails to perform under any contract with the requestor, then the requestor may initiate a new Service Request as set forth in Section 30 of these Division 10 rules. (5) If, following submission of a response to an Opportunity Notice, the Office determines that the requested Broadband services are not already offered by a Telecommunications Provider, the Office may provide the requested Broadband services and operations to the Non-State Entity. (6) The Office may not provide the Broadband services and operations to a Non-State Entity at a particular Site if a Telecommunications Provider demonstrates in its response to an Opportunity Notice that the Broadband services and operations specified in the Opportunity Notice are already offered to the Site, as set forth in Section 2 above. (7) Nothing in these Division 10 rules shall be construed to limit a Non-State Entity’s rights under applicable law to refuse to contract with a Telecommunications Provider.