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Oregon Library Laws - Administrative Rules - Connectivity: Tax Breaks
Oregon Administrative Rules
Chapter 123 - Economic and Community Development Department

DIVISION 106
CERTIFICATION AS ADVANCED TELECOMMUNICATIONS FACILITIES
 
123-106-0000
Preamble
 
The tax credits allowed under Oregon Laws 2001, chapter 957, section 15, are intended to improve advanced telecommunications capability in underserved areas of the state and to accomplish one or more of the following: enhance individual and business access to advanced telecommunications services at an economically reasonable cost; develop and transition to a fully competitive telecommunications marketplace; provide bi-directional bandwidth capabilities to customers; improve access to competitive local exchange carriers; improve access by public and private educational institutions, rural health clinics and libraries to advanced telecommunications services; improve telecommunications connections between communities in this state; improve last mile connections within this state; and improve access by Oregon health care providers to interactive video and other health care applications requiring advanced telecommunications services.
 
123-106-0010
Purpose and Applicability
 
These administrative rules:
(1) Govern the submission and process of applications for certification of facilities as advanced telecommunications facilities under Oregon Laws 2001, chapter 957, section 10, for purposes of the tax credit allowed under Oregon Laws 2001, Chapter 957, section 15.
 
(2) Establish the process for evaluating and approving applications and certifying the facilities described therein as advanced telecommunications facilities for purposes of the tax credit; and
 
(3) Establish the process for tracking and reporting the effectiveness of the tax credit in improving advanced telecommunications capability in underserved areas of the state.
. . . .
 
123-106-0040
Application Requirements
. . . .
 
(3) The application for certification shall be accompanied by technical documentation demonstrating that the facilities will meet or exceed the specified minimum performance standards in at least one of the following areas:
. . . .
 
(e) Performance Area: Improvement in access by public and private educational institutions, rural health clinics and libraries to advanced telecommunications services; Minimum Performance Standard: The facilities will create or improve access for a public or private educational institution, a rural health clinic or a library in Oregon to voice, video or data telecommunications services (with a minimum of 384 kbs or other bandwidth requested by the entity based upon technology and application) or other advanced telecommunications services, priced within 125% of the average cost for similar services in urban areas of Oregon.
 
. . . .
123-106-0050
Review Criteria
 
The Department shall approve an application and certify the facilities described herein as advanced telecommunications facilities if the facilities:
(1) Are to be located in an area of Oregon in which current minimum bandwidth service is not available to a majority of customers;
 
(2) Improve access to advanced telecommunications services for a majority of all customers in unserved or underserved service areas;
 
(3) Meet the minimum performance standards for one or more of the performance areas set forth in rule 0040 of this division of administrative rules;
 
(4) Are high-speed, dedicated or switched broadband telecommunications infrastructure or equipment that enables users to send or receive high quality voice, data or video telecommunications using any technology; and
 
(5) Have a cost, as certified by the Department, that, together with the certified cost of all other facilities previously certified by the Department under this division of administrative rules during the current calendar year, does not exceed $10 million.