Or. Admin. Code § 860-250-0040

Current through Register Vol. 63, No. 12, December 1, 2024

Section 860-250-0040 - Excepted Paid Prioritization Determinations

(1) A petition requesting that the Commission make a determination regarding whether certain paid prioritization meets the standard set forth in Oregon Laws 2018, Chapter 88, Section 1(4)(c) 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) A detailed description of the paid prioritization at issue.

(b) A detailed explanation of why the paid prioritization at issue does or does not provide significant public interest benefits and does or does not harm the open nature of the provided broadband Internet access service under Oregon Laws 2018, Chapter 88, Section 1(4)(c).

(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)(c) is sought.

(e) Whether Oregon Laws 2018, Chapter 88, Section 1(4)(b) applies to the paid prioritization at issue in the initiating pleading. If it applies, the petition should also explain why a determination under Oregon Laws 2018, Chapter 88, Section 1(4)(c) 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.

Or. Admin. Code § 860-250-0040

PUC 9-2018, adopt filed 12/27/2018, effective 1/1/2019

Statutory/Other Authority: ORS Ch. 183 756, 2018 OL Ch. 88

Statutes/Other Implemented: 2018 OL Ch. 88, Sect. 1(4)(c)