OAR 734-054-0030: Limitations and Conditions

(1) The department will accommodate a broadband facility in a STIP project only as determined appropriate by the department in accordance with the criteria and procedures set forth in these rules, Oregon Administrative Rule Chapter 734, Division 55; and, as permitted by state and federal law. (2) An applicant selected to install its broadband facilities will be responsible for all costs required to integrate its broadband facility into the STIP project. (3) Accommodating a broadband facility in the department’s STIP project shall not increase the cost of the STIP project or cause a delay to the STIP project schedule, or otherwise result in any added cost to the department. If the selected applicant is unable to install its broadband facility without causing additional costs or delays, the department may take any necessary action to ensure the project is complete, including, but not limited to, completion of the installation at the selected applicant’s cost, cancellation the applicant’s agreement or permit to install its broadband facilities, and, removal of the applicant’s equipment at the applicant’s cost. (4) When the department authorizes access to a STIP project for construction and installation of a broadband facility, the department may specify the location the broadband facility may be installed and may require the selected applicant to coordinate its planning and work with the department’s STIP project contractor.