2007 Oregon Code - Chapter 759 :: Chapter 759 - Telecommunications Utility Regulation
Chapter 759 —
Telecommunications Utility Regulation
2007 EDITION
TELECOMMUNICATIONS UTILITY REGULATION
UTILITY REGULATION
GENERAL PROVISIONS
759.005Â Â Â Â Definitions
759.015Â Â Â Â Legislative
findings on universal telecommunications service
759.016Â Â Â Â Legislative
findings on broadband services
759.020Â Â Â Â Certificate
of authority; application; procedure; criteria; intrastate toll service level
759.025Â Â Â Â Certificates
of authority for persons, companies and corporations providing services on
January 1, 1986
759.027Â Â Â Â Shared
telecommunications service provider; alternative access to local exchange
telecommunications services
759.035Â Â Â Â Duty
to furnish adequate and safe service at reasonable rates
REGULATION OF TELECOMMUNICATIONS SERVICES
759.036Â Â Â Â Commission
authority
759.040Â Â Â Â Exemptions
for certain unaffiliated utilities with fewer than 50,000 access lines
759.045Â Â Â Â Special
rules for utilities exempted from regulation under ORS 759.040
759.050Â Â Â Â Competitive
zone service regulation
759.052Â Â Â Â Commission
authority to exempt telecommunications services from regulation
759.054Â Â Â Â Price
listing for product or service offered as part of local exchange
telecommunications services
759.056Â Â Â Â Price
listing for product or service offered as part of interexchange
telecommunications services
759.058Â Â Â Â Commission
action on petition under ORS 759.052, 759.054 or 759.056
759.060Â Â Â Â Information
submitted by local exchange telecommunications utilities; rules exempting
disclosure
RIGHTS OF WAY
759.075Â Â Â Â Authority
to construct lines and facilities; condemnation power; procedure
759.080Â Â Â Â Use
of property outside limits of municipal corporation; agreement; condemnation
upon failure to agree
ACCOUNTS AND RECORDS
759.120Â Â Â Â Form
and manner of accounts prescribed by commission
759.125Â Â Â Â Records
and accounts prescribed by commission; prohibition on other records or
accounts; exception; blanks for reports
759.130Â Â Â Â Closing
date of accounts; filing balance sheet; audit
759.135Â Â Â Â Depreciation
accounts; undepreciated investment allowed in rates; conditions
RATE REGULATION AND PROCEDURES; MEASURING
EQUIPMENT
759.175Â Â Â Â Filing
rate schedules and data with commission
759.180Â Â Â Â Hearing
on reasonableness of rates; procedures; exceptions
759.182Â Â Â Â Rate
schedules for service promotions; rules
759.185Â Â Â Â Suspension
of rates pending hearing; time limitation; refund of revenue collected; interim
rates
759.190Â Â Â Â Notice
of schedule change
759.195Â Â Â Â Price
listing of services; conditions; maximum rates; essential services;
justification by utility of rates for price-listed services
759.200Â Â Â Â Inclusion
of amortizations in rates; deferral of certain expenses or revenues; limitation
on amounts; prohibited uses
759.205Â Â Â Â Conformance
of rates charged with schedule
759.210Â Â Â Â Classification
of service and rates; considerations
759.215Â Â Â Â Public
access to schedules
759.217Â Â Â Â Effect
of tax credit under ORS 315.511
759.218Â Â Â Â Revenues
and expenses of unregulated activities
759.219Â Â Â Â Certain
taxes as operating expense; charge pro rata to users; condition
759.220Â Â Â Â Joint
rates and classifications; procedure; considerations
759.225Â Â Â Â Application
of ORS 759.220 to unincorporated associations and cooperative corporations
759.230Â Â Â Â Measured
service rate for business customers; restriction
759.235Â Â Â Â Mandatory
measured service rate; prohibition
759.240Â Â Â Â Measuring
quality of service; standards; rules
759.245Â Â Â Â Examination
and testing of measuring appliances
759.250Â Â Â Â Contracts
for special services; procedure for filing and approval; subsequent review and
investigation
759.255Â Â Â Â Setting
prices without regard to return on utility investment; petition; findings;
conditions; application of statutes to approved plan
759.257Â Â Â Â Extended
area service:
759.259Â Â Â Â Extended
area service:
ILLEGAL PRACTICES
759.260Â Â Â Â Unjust
discrimination in rates
759.265Â Â Â Â Practices
not constituting unjust discrimination
759.267Â Â Â Â Service
promotion activities
759.270Â Â Â Â Reducing
rates for persons furnishing part of facilities; rental of customer facilities;
furnishing meters and appliances
759.275Â Â Â Â Undue
preferences and prejudices
759.280Â Â Â Â Soliciting
or accepting rebates or special advantage
759.285Â Â Â Â Charging
rates based on cost of property not presently providing service
ISSUANCE OF SECURITIES
759.300    “Stocks”
defined
759.305Â Â Â Â Power
to regulate issuance of telecommunications stocks
759.310Â Â Â Â When
issuance of securities void
759.315Â Â Â Â Purposes
for which securities may be issued; order required; exceptions
759.320Â Â Â Â Application
of ORS 759.315
759.325Â Â Â Â Application
of ORS 759.375
759.330Â Â Â Â Hearings
and supplemental orders for securities issuance; joint approval for issuance by
utility operating in another state
759.335Â Â Â Â Obligation
of state as consequence of approval of issuance
759.340Â Â Â Â Conditional
approval of issuance
759.345Â Â Â Â Use
of proceeds from issuance; accounting
759.350Â Â Â Â Limitation
on authority of utility to guarantee debt of another
759.355Â Â Â Â Issuance
or use of proceeds contrary to commission order
759.360Â Â Â Â Prohibited
acts regarding issuance of securities
TRANSACTIONS OF UTILITIES
759.375Â Â Â Â Approval
prior to sale, mortgage or disposal of operative utility property
759.380Â Â Â Â Purchase
of stock or property of another utility
759.385Â Â Â Â Contracts
regarding use of utility property; filing with commission; investigation
759.390Â Â Â Â Contracts
with affiliated interests; procedure; use in rate proceedings
759.393Â Â Â Â Applicability
of ORS 759.385 and 759.390
PRICE CAP REGULATION
(Generally)
759.400Â Â Â Â Definitions
759.405Â Â Â Â Election
of regulation under ORS 759.405 and 759.410; conditions; Telecommunications
Infrastructure Account; remedy for failure of utility to comply with conditions
759.410Â Â Â Â Intent
of ORS 759.410; establishing maximum and minimum price for telecommunications
services; packaging services; notice of price change, new service; enforcement
759.415Â Â Â Â Order
in rate proceeding filed prior to January 1, 1999, to establish maximum rate
for affected telecommunications services; dismissal of rate proceeding filed
after January 1, 1999
759.420Â Â Â Â Application
of ORS 759.400 to 759.455 to wholesale transactions regulated under federal law
(Universal Service Fund)
759.425Â Â Â Â Universal
service fund; commission to establish price for basic telephone service;
universal service surcharge; application to cellular services
(Public Purpose Funding)
759.430Â Â Â Â Approval
of projects funded by carrierÂ’s Telecommunications Infrastructure Account;
Connecting Oregon Communities Advisory Board
759.435Â Â Â Â Assessment
of telecommunications infrastructure and community needs; contents; report
759.440Â Â Â Â Additional
funding for evaluating project plans
759.445Â Â Â Â Connecting
SERVICE QUALITY STANDARDS AND PROHIBITED ACTS
759.450Â Â Â Â Minimum
service quality standards; rules; customer impact indices; factors; wholesale
services; improvement plan; penalties; exceptions
759.455Â Â Â Â Prohibited
acts; commission action on allegation of violation; penalties; judicial review
ALLOCATION OF TERRITORIES
(Generally)
759.500Â Â Â Â Definitions
for ORS 759.500 to 759.570
759.506Â Â Â Â Purpose
of allocated territory laws
759.535Â Â Â Â Application
to serve unserved territory; hearing; notice
759.560Â Â Â Â Assignment
or transfer of allocated territory
759.565Â Â Â Â Injunction
against unauthorized provision of service
759.570Â Â Â Â Application
of law to local government
(Unserved Territory)
759.580Â Â Â Â Power
of commission to require service to unserved territory
759.585Â Â Â Â Definitions
for ORS 759.585 to 759.595
759.590Â Â Â Â Application
for service by unserved person; rules
759.595Â Â Â Â Criteria
for granting application for service; effect on other territorial allocation
ATTACHMENT REGULATION
759.650Â Â Â Â Definitions
for ORS 759.650 to 759.675
759.655Â Â Â Â Authority
of commission to regulate attachments
759.660Â Â Â Â Fixing
charges or rates; criteria; costs of hearing
759.665Â Â Â Â Considerations
in determining just and reasonable rate
759.670Â Â Â Â Presumption
of reasonableness of rates set by agreement
759.675Â Â Â Â Regulatory
procedure
OPERATOR SERVICE PROVIDERS
759.690Â Â Â Â Operator
service provider duties to service users; rules
RESIDENTIAL SERVICE PROTECTION
(Temporary provisions relating to residential telecommunication service
protection are compiled as notes following ORS 759.690)
ASSISTIVE TELECOMMUNICATION DEVICES FOR
PERSONS WITH DISABILITIES
(Temporary provisions relating to telecommunication devices for hearing
and speech impaired individuals are compiled as notes following ORS 759.690)
INFORMATION SERVICE PROVIDERS
759.700Â Â Â Â Definitions
for ORS 759.700 to 759.720
759.705Â Â Â Â Program
message preamble; information to be included
759.710Â Â Â Â Pay-per-call
information; disclosure
759.715Â Â Â Â Information
service blocking; suspension or termination of telephone service for nonpayment
of information service charges
759.720Â Â Â Â Action
against information provider for failure to comply with law; remedies; customer
liability for charges
UNAUTHORIZED CHANGES IN TELECOMMUNICATIONS
CARRIERS
759.730Â Â Â Â Unauthorized
changes in telecommunications carriers (“slamming”); rules
DAMAGES
759.900Â Â Â Â Liability
of utility; effect on other remedies; liability for personal injury or property
damage
(Temporary provisions relating to Oregon Telecommunications
Coordinating Council are compiled as notes following ORS 759.900)
PENALTIES
759.990Â Â Â Â Penalties
GENERAL PROVISIONS
     759.005
Definitions. As used in this
chapter:
     (1) “Competitive telecommunications
provider” means a telecommunications services provider that has been classified
as a competitive telecommunications provider by the Public Utility Commission
pursuant to ORS 759.020.
     (2) “Intrastate telecommunications service”
means any telecommunications service in which the information transmitted
originates and terminates within the boundaries of the State of
     (3) “Local exchange telecommunications
service” means telecommunications service provided within the boundaries of
exchange maps filed with and approved by the commission.
     (4) “Private telecommunications network”
means a system for the provision of telecommunications service or any portion
of telecommunications service, including the construction, maintenance or
operation of the system, by a person for the exclusive use of that person and
not for resale, directly or indirectly.
     (5) “Radio common carrier” means any
corporation, company, association, joint stock association, partnership and
person, their lessees, trustees or receivers and any town making available
facilities to provide radio communications service, radio paging or cellular
communications service for hire.
     (6) “Shared telecommunications service”
means the provision of telecommunications and information management services
and equipment to a user group located in discrete premises in building
complexes, campuses or high-rise buildings, by a commercial shared services
provider or by a usersÂ’ association, through privately owned customer premises
equipment and associated data processing and information management services
and includes the provision of connections to local exchange telecommunications
service.
     (7) “Telecommunications” means the
transmission of information chosen by a person, between or among points specified
by the person, without change in the form or content of the information sent or
received.
     (8) “Telecommunications service” means
telecommunications that are offered for a fee to the public, or to such class
of users as to be effectively available to the public, without regard to the
facilities used to provide the telecommunications. “Telecommunications service”
does not include:
     (a) Services provided by radio common
carrier.
     (b) One-way transmission of television
signals.
     (c) Private telecommunications networks.
     (d) Communications of the customer that
take place on the customer side of on-premises equipment.
     (9)(a) “Telecommunications utility” means:
     (A) Any corporation, company, individual
or association of individuals, or its lessees, trustees or receivers, that
owns, operates, manages or controls all or a part of any plant or equipment in
this state for the provision of telecommunications service, directly or
indirectly to or for the public, whether or not the plant or equipment, or any
portion of the plant or equipment, is wholly within any town or city.
     (B) Any corporation, company, individual
or association of individuals that is party to an oral or written agreement for
the payment by a telecommunications utility, for service, managerial construction,
engineering or financing fees, and has an affiliated interest with the
telecommunications utility.
     (b) “Telecommunications utility” does not
include:
     (A) Any plant owned or operated by a
municipality.
     (B) Any corporation not providing intrastate
telecommunications service to the public in this state, whether or not the
corporation has an office in this state or has an affiliated interest with a
telecommunications utility as defined in this chapter.
     (C) Any person acting only as a competitive
telecommunications provider.
     (D) Any corporation, company, individual
or association of individuals providing only telephone customer premises
equipment to the public.
     (10) “Toll” means switched
telecommunications between exchanges carried on the public switched network. “Toll”
does not include services that are an option to flat rate local or extended
area service, even though the options may include charges on a per-unit basis. [1987
c.447 §1; 1989 c.5 §15; 1991 c.326 §2; 2005 c.232 §1; 2007 c.825 §1]
     759.010 [1987 c.447 §2; 1989 c.17 §2; repealed by
2005 c.232 §2]
     759.015
Legislative findings on universal telecommunications service. The Legislative Assembly finds and declares
that it is the goal of the State of
     759.016
Legislative findings on broadband services. The Legislative Assembly finds and declares:
     (1) That it is the goal of this state to
promote access to broadband services for all Oregonians in order to improve the
economy in Oregon, improve the quality of life in Oregon communities and reduce
the economic gap between Oregon communities that have access to broadband
digital applications and services and those that do not, for both present and
future generations; and
     (2) That the goal set forth in subsection
(1) of this section may be achieved by:
     (a) Expanding broadband and other
telecommunications services;
     (b) Creating incentives to establish and
expand broadband and other telecommunications services;
     (c) Undertaking telecommunications
planning at the local, regional and state levels that includes participants
from both the public and the private sectors;
     (d) Removing barriers to the full
deployment of broadband digital applications and services and providing
incentives for the removal of those barriers; and
     (e) Removing barriers to public-private
partnerships in areas where the private sector cannot justify investments. [2003
c.775 §1]
     Note: 759.016 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 759 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     759.020
Certificate of authority; application; procedure; criteria; intrastate toll
service level. (1) No
person, corporation, company, association of individuals or their lessees,
trustees, or receivers shall provide intrastate telecommunications service on a
for-hire basis without a certificate of authority issued by the Public Utility
Commission under this section.
     (2) Applications for certificates of
authority shall be in a form prescribed by the commission and shall describe
the telecommunications services the applicant proposes to provide. Notice of
all applications shall, within 30 days of filing, be served by the commission
upon all persons holding authority to provide telecommunications service issued
under this section or providing local exchange telecommunications service.
     (3) Except as provided in ORS 759.050, no
certificate shall authorize any person to provide local exchange
telecommunications service within the local exchange telecommunications service
area of a telecommunications utility unless such utility consents, is unable to
provide the service, or fails to protest an application. This subsection shall
not apply to any application for a certificate by a provider of shared
telecommunications services.
     (4) After notice, a hearing need not be
held prior to issuance of a certificate of authority except upon the commissionÂ’s
own motion or unless the application is to authorize a person to provide local
exchange telecommunications service in the local exchange telecommunications
service area of a telecommunications utility and such utility protests. After
hearing, the commission shall issue the certificate only upon a showing that
the proposed service is required by the public interest.
     (5) The commission may classify a
successful applicant for a certificate as a telecommunications utility or as a
competitive telecommunications services provider. If the commission finds that
a successful applicant for a certificate has demonstrated that services it
offers are subject to competition or that its customers or those proposed to
become customers have reasonably available alternatives, the commission shall
classify the applicant as a competitive telecommunications services provider.
The commission shall conduct the initial classification and any subsequent
review of the classification in accordance with such procedures as the
commission may establish by rule, after hearings. The commission may attach
reasonable conditions to such classification and may amend or revoke any such
order as provided in ORS 756.568. For purposes of this section, in determining
whether telecommunications services are subject to competition or whether there
are reasonably available alternatives, the commission shall consider:
     (a) The extent to which services are
available from alternative providers in the relevant market.
     (b) The extent to which the services of
alternative providers are functionally equivalent or substitutable at
comparable rates, terms and conditions.
     (c) Existing economic or regulatory
barriers to entry.
     (d) Any other factors deemed relevant by
the commission.
     (6) Any provider of intrastate toll
service must inform customers of the service level furnished by that provider,
according to rules of the commission. The commission, by rule, shall determine
the level of intrastate toll service that is standard. Any provider of
intrastate toll service must identify the service level the provider plans to
furnish in an annual report to the commission. The commission shall revoke the
certification of any provider that does not consistently furnish the service
level identified in the providerÂ’s annual report. [Formerly 757.815; 1991 c.326
§1; 1993 c.423 §1]
     759.025
Certificates of authority for persons, companies and corporations providing services
on January 1, 1986. (1)
Notwithstanding ORS 759.020, the Public Utility Commission shall issue to any
person, company or corporation providing intrastate telecommunications services
that are subject to regulation by the commission on January 1, 1986, a
certificate of authority to continue to provide those services on and after
January 1, 1986.
     (2) Notwithstanding any other provision of
law, the commission shall issue
to any cooperative corporation, or unincorporated
association providing intrastate telecommunications service on January 1, 1986,
a certificate of authority to continue to provide those services on and after
January 1, 1986. Such actions shall not subject such cooperative corporations
or association to the commissionÂ’s general powers of regulation. [Formerly
757.820]
     759.027
Shared telecommunications service provider; alternative access to local
exchange telecommunications services. If the Public Utility Commission finds upon notice and investigation
that customers of shared telecommunications services have no alternative access
to local exchange telecommunications services, the commission may require the
shared telecommunications service provider to make alternative facilities or
conduit space available on reasonable terms and conditions and at reasonable
prices. [2005 c.232 §5]
     759.030 [Formerly 757.825; 1991 c.301 §1; repealed
by 2005 c.232 §6]
     759.035
Duty to furnish adequate and safe service at reasonable rates. Every telecommunications utility is required
to furnish adequate and safe service, equipment and facilities, and the charges
made by any public utility for any service rendered or to be rendered in
connection therewith shall be reasonable and just, and every unjust or
unreasonable charge for such service is prohibited. [1987 c.447 §3]
REGULATION OF
TELECOMMUNICATIONS SERVICES
     759.036
Commission authority. Except
as otherwise provided by law, the Public Utility Commission shall have
authority to determine the manner and extent of the regulation of
telecommunications services within the State of
     759.040
Exemptions for certain unaffiliated utilities with fewer than 50,000 access
lines. (1) Subject to
subsection (6) of this section, ORS 759.180 to 759.190 do not apply to new or
revised tariff schedules filed with the Public Utility Commission by telecommunications
utilities or affiliated groups of telecommunications utilities serving fewer
than 50,000 access lines in Oregon and not affiliated or under common control
with any other kind of public utility providing service in Oregon.
     (2) Subject to subsection (6) of this
section, ORS 759.375 to 759.393 do not apply to telecommunications utilities or
affiliated groups of telecommunications utilities serving fewer than 50,000
access lines in Oregon and not affiliated or under common control with any other
kind of public utility providing service in Oregon.
     (3) Subject to subsection (6) of this
section, ORS 759.300 to 759.360 do not apply to telecommunications utilities or
affiliated groups of telecommunications utilities serving fewer than 50,000
access lines in Oregon and not affiliated or under common control with any
other kind of public utility providing service in Oregon.
     (4) Upon petition by any
telecommunications utility serving fewer than 50,000 access lines in
     (a) ORS 759.180 to 759.190.
     (b) ORS 759.375 to 759.393.
     (c) ORS 759.300 to 759.360.
     (5) Upon petition by any
telecommunications utility serving fewer than 50,000 access lines in
     (6) Upon petition by the
telecommunications utility or upon petition by 10 percent of the then current
access line subscribers, or 500 subscribers, whichever is the lesser, of any
telecommunications utility:
     (a) Filed with the commission not less
than 10 days prior to the proposed effective date of new or revised tariff
schedules, the commission may impose all or part of the procedures of ORS
759.180 to 759.190 to any of the schedules of a telecommunications utility
exempted from ORS 759.180 to 759.190 pursuant to this section.
     (b) After notice and hearing and a finding
that the action is required by the public interest, the commission may revoke
any exemption granted pursuant to this section or impose reasonable conditions
upon the continued exercise of the exemption.
     (7) Any telecommunications utility for
which an exemption from the application of ORS 759.180 to 759.190 is provided
pursuant to this section shall notify its affected customers of any price
increase for intrastate telecommunications services at least 45 days prior to
the proposed effective date of the increase.
     (8) Any telecommunications utility for
which an exemption from the application of any statute is provided pursuant to
this section shall file with the commission an annual report that includes
copies of the income statement and balance sheet the telecommunications utility
files with the Federal Communications Commission. Each telecommunications
utility described in this subsection shall notify customers that the income
statement and balance sheet are on file with the commission. [Formerly 757.870;
1999 c.451 §1; 2005 c.232 §12]
     759.045
Special rules for utilities exempted from regulation under ORS 759.040. The Public Utility Commission shall adopt
specific rules to apply to telecommunications utilities which are exempted from
certain regulation under ORS 759.040. An objective of these rules shall be to
minimize the regulatory burden on these utilities to the extent this objective
is feasible and consistent with the public interest. These rules shall not
pertain to the statutes from which these utilities are exempted under ORS
759.040. [1991 c.658 §2]
     759.050
Competitive zone service regulation. (1) As used in this section:
     (a) “Competitive zone” means a
telecommunications service area within all or part of a local exchange,
described both by service and territory, that has been designated a competitive
zone by the Public Utility Commission under subsection (2) or (4) of this
section.
     (b) “Competitive zone service” means a
local exchange telecommunications service that the commission has authorized to
be provided within a competitive zone.
     (c) “Essential function” means a
functional component of a competitive zone service necessary to the provision
of the service by a telecommunications provider for which there is no adequate
alternative in terms of quality, quantity and price to the incumbent
telecommunications utility.
     (d) “Telecommunications utility” and “competitive
provider” mean those entities that are classified as such by the commission
under ORS 759.020. “Telecommunications provider” includes both
telecommunications utilities and competitive providers.
     (2)(a) Notwithstanding the provisions of
ORS 759.020 (3), the commission may certify one or more persons, including
another telecommunications utility, to provide local exchange
telecommunications service within the local exchange telecommunications service
area of a certificated telecommunications utility if the commission determines
that the authorization would be in the public interest. For the purpose of
determining whether the authorization would be in the public interest, the
commission shall consider:
     (A) The effect on rates for local exchange
telecommunications service customers both within and outside the competitive
zone.
     (B) The effect on competition in the local
exchange telecommunications service area.
     (C) The effect on access by customers to
high quality, innovative telecommunications service in the local exchange
telecommunications service area.
     (D) Any other facts the commission
considers relevant.
     (b) Upon certification of a
telecommunications provider under paragraph (a) of this subsection, the
commission shall establish a competitive zone defined by the services to be
provided by the telecommunications provider and the geographic area to be
served by the telecommunications provider. Price and service competition within
the meaning of ORS 759.052 may not be deemed to exist by virtue of the establishment
of a competitive zone.
     (c) At the time of certification of a
telecommunications provider, or thereafter, the commission may impose
reasonable conditions upon the authority of the telecommunications provider to
provide competitive zone service within the competitive zone. Reasonable
conditions include, but are not limited to, conditions:
     (A) Designed to promote fair competition,
such as interconnection; and
     (B) Requiring contributions of the type
required of a telecommunications utility on account of the provision of local
exchange service, including those to the Residential Service Protection Fund or
the Telecommunication Devices Access Program.
     (3) Upon demand, a competitive provider of
competitive zone services shall make available to the commission any
information relating to competitive zone services that the commission requests.
Information provided to the commission by a competitive provider under this
subsection shall be confidential and may not be disclosed by the commission,
except for regulatory purposes in the context of a proceeding before the
commission.
     (4) Upon application by a
telecommunications utility and a showing of competition within its local
exchange, whether or not from certificated providers, the commission may designate
all or part of the local exchange a competitive zone.
     (5)(a) Except with respect to
telecommunications utilities that are exempt from the provisions of ORS 759.180
to 759.190, unless the commission determines that it is not in the public
interest at the time a competitive zone is created, upon designation of a
competitive zone, price changes, service variations and modifications of
competitive zone services offered by a telecommunications utility in the zone
are not subject to ORS 759.180 to 759.190 and, at the telecommunication utilityÂ’s
discretion, may be made effective upon filing with the commission.
     (b) The price and terms of service offered
by a telecommunications utility for a competitive zone service within a
competitive zone may differ from that outside of the zone. However, the price
for a competitive zone service within the zone may not be lower than the total
service long run incremental cost, for nonessential functions, of providing the
service within the zone and the charges for essential functions used in
providing the service, but the commission may establish rates for residential
local exchange telecommunications service at any level necessary to achieve the
commissionÂ’s universal service objectives. Within the zone, the price of a competitive
zone service, or any essential function used in providing the competitive zone
service, may not be higher than those prices in effect when the competitive
zone was established, unless authorized by the commission.
     (c) The commission may revoke the
exemption of a telecommunications utility from ORS 759.180 to 759.190 if the
commission finds that the utility has violated statutes, rules or conditions of
the commission applicable to competitive zone services or that there has been a
substantial change in the circumstances that prevailed at the time the
competitive zone was first established.
     (d) On the motion of a telecommunications
provider or on its own motion, the commission may order a telecommunications
utility to disaggregate and offer essential functions of the telecommunications
utilityÂ’s local exchange network.
     (6) A decision of the commission, with
respect to the terms and conditions under which competitive zone services may
be offered within a competitive zone by a telecommunications utility, to
authorize a competitor to provide service within the local exchange service
area of a telecommunications utility or to otherwise designate a competitive
zone shall be subject to judicial review, but may not be stayed other than by
order of the commission, except upon a showing by clear and convincing evidence
that failure to stay the decision will result in irreparable harm to the
aggrieved party.
     (7) The exclusive remedy of a
telecommunications provider aggrieved by the prices, terms of service or practices
of another provider with respect to competitive zone services within a
competitive zone is to file a complaint with the commission under ORS 756.500.
The commission, either upon complaint or its own motion, may permanently
suspend a filing made by a provider with respect to a competitive zone service
or take such other action as the commission deems appropriate, except an award
for damages. A claim for damages arising from a commission decision in favor of
the provider on a matter alleged in the complaint shall be brought as a
separate action at law.
     (8) Nothing in this section shall serve to
shield any telecommunications provider of local exchange telecommunications
service from state or federal antitrust laws.
     (9) The commission shall report annually
to the Legislative Assembly:
     (a) The number of competitive zones
created under ORS 759.020 and 759.050;
     (b) The number of competitive providers
authorized under ORS 759.020 and 759.050;
     (c) The number and types of competitive
services made available to consumers; and
     (d) Consumer comments on competitive
telecommunications services. [1993 c.423 §3; 2005 c.232 §13]
     759.052
Commission authority to exempt telecommunications services from regulation. (1)(a) Upon petition by any interested party
and following notice and investigation, the Public Utility Commission may
exempt in whole or in part from regulation those telecommunications services
for which the commission finds that:
     (A) Price or service competition exists;
     (B) Telecommunications services can be
demonstrated by the petitioner or the commission to be subject to competition;
or
     (C) The public interest no longer requires
full regulation of the telecommunications services.
     (b) The commission may attach reasonable
conditions to an exemption made under paragraph (a) of this subsection and may
amend or revoke any order as provided in ORS 756.568.
     (2) Upon petition by a telecommunications
utility, and after notice and hearing, the commission shall exempt a
telecommunications service from regulation if the commission finds that price
and service competition exists.
     (3) Prior to making the findings required
by subsection (1) or (2) of this section, the commission shall consider:
     (a) The extent to which services are
available from alternative providers in the relevant market.
     (b) The extent to which the services of
alternative providers are functionally equivalent or substitutable at
comparable rates and under comparable terms and conditions.
     (c) Existing economic or regulatory
barriers to entry.
     (d) Any other factors deemed relevant by
the commission.
     (4) A service that is deregulated under
subsection (2) of this section may be reregulated, after notice and hearing, if
the commission determines an essential finding on which the deregulation was
based no longer prevails, and reregulation is necessary to protect the public
interest. [2005 c.232 §8]
     759.054
Price listing for product or service offered as part of local exchange telecommunications
services. (1) If the Public
Utility Commission determines that a product or service offered by a
telecommunications utility as part of local exchange telecommunications
services can be demonstrated by the utility to be subject to competition, or
that a product or service is not an essential product or service, the
commission may authorize the utility to file a price list with the commission.
     (2) The price list shall contain the
description, terms, conditions and prices of the service or product described
in subsection (1) of this section. No other schedule for price listed services
need be filed with the commission. The price list or any revision of the price
list is not subject to the provisions of ORS 759.180 to 759.190 and shall
become effective immediately upon filing with the commission unless a later
date is specified.
     (3) In determining whether a product or
service is subject to competition, the commission shall consider:
     (a) The extent to which services are
available from alternative providers in the relevant market.
     (b) The extent to which services of
alternative providers are functionally equivalent or substitutable at
comparable rates or under comparable terms and conditions.
     (c) Existing economic or regulatory
barriers to entry.
     (d) Any other factors deemed relevant by
the commission. [2005 c.232 §9]
     759.056
Price listing for product or service offered as part of interexchange telecommunications
services. (1) If the Public
Utility Commission determines that a product or service offered by a
telecommunications utility as part of interexchange telecommunications services
can be demonstrated by the utility to be subject to competition, the
commission, under conditions that the commission determines are reasonable, may
authorize the utility to file a price list with the commission.
     (2) The price list shall contain the
description, terms, conditions and prices of the service or product described
in subsection (1) of this section. No other schedule for price listed services
need be filed with the commission. The price list or any revision of the price
list is not subject to the provisions of ORS 759.180 to 759.190 and shall
become effective immediately on filing with the commission unless a later date
is specified.
     (3) In determining whether a product or
service is subject to competition, the commission shall consider:
     (a) The extent to which services are
available from alternative providers in the relevant market.
     (b) The extent to which services of
alternative providers are functionally equivalent or substitutable at
comparable rates or under comparable terms and conditions.
     (c) Existing economic or regulatory
barriers to entry.
     (d) Any other factors deemed relevant by
the commission. [2005 c.232 §10]
     759.058
Commission action on petition under ORS 759.052, 759.054 or 759.056. Within 60 days of a filing under ORS
759.052, 759.054 or 759.056, the Public Utility Commission shall either
determine the appropriateness of the filing or determine that further
investigation is necessary. If the commission determines that further
investigation is necessary, the commission may suspend operation of the filing
for a period not longer than five months from the end of the initial 60-day
period. Upon a showing of good cause, any party may request extension of the
suspension period for an additional three months. [2005 c.232 §11]
     759.060
Information submitted by local exchange telecommunications utilities; rules exempting
disclosure. (1) The Public
Utility Commission, by rule, shall specify information submitted to the
commission by local exchange telecommunications utilities or cooperatives that
is exempt from disclosure under ORS 192.410 to 192.505 as provided in this
section. In adopting rules, the commission shall consider, among other matters:
     (a) Whether the information is of a type
that could potentially be used to the competitive disadvantage of a local
exchange telecommunications utility or cooperative.
     (b) Whether the information concerns
matters of a nature personal to an employee or stockholder of a local exchange
telecommunications utility or an employee or member of a cooperative.
     (c) Whether the information is otherwise
publicly available.
     (2) Information specified under subsection
(1) of this section is exempt from disclosure unless the public interest
requires disclosure in the particular instance.
     (3) Nothing in subsection (1) of this
section limits the exemptions granted to a local exchange telecommunications
utility or cooperative under ORS 192.410 to 192.505. [1995 c.538 §2]
RIGHTS OF WAY
     759.075
Authority to construct lines and facilities; condemnation power; procedure. (1) Any telecommunications utility may:
     (a) Enter upon lands within this state for
the purpose of examining, locating and surveying the line thereof and also
other lands necessary and convenient for the purpose of construction of service
facilities, doing no unnecessary damage thereby.
     (b) Condemn such lands not exceeding 100
feet in width for its lines (including poles, towers, wires, supports and
necessary equipment therefor) and in addition thereto, other lands necessary
and convenient for the purpose of construction of service facilities.
     (2) Notwithstanding subsection (1) of this
section, any telecommunications utility may, when necessary or convenient for
transmission lines (including poles, towers, wires, supports and necessary
equipment therefor) designed for voltages in excess of 330,000 volts, condemn
land not to exceed 300 feet in width. In addition, if the lands are covered by
trees which are liable to fall and constitute a hazard to its wire or line, such
telecommunications utility may condemn such trees for a width not exceeding 100
feet on either side of the condemned land, as may be necessary or convenient
for such purpose.
     (3) The proceedings for the condemnation
of such lands shall be the same as that provided in ORS chapter 35, provided
that any award shall include, but shall not be limited to, damages for
destruction of forest growth, premature cutting of timber and diminution in
value to remaining timber caused by increased harvesting costs. [1987 c.447 §69]
     759.080
Use of property outside limits of municipal corporation; agreement; condemnation
upon failure to agree. When
it is necessary or convenient, in the location of any poles or lines mentioned
in ORS 759.075, to appropriate any part of any public road, street, alley or
public grounds not within the corporate limits of any municipal corporation,
the county court or board of county commissioners of the county within which
such road, street, alley or public grounds is located, may agree with the
telecommunications utility upon the extent, terms and conditions upon which the
same may be appropriated or used and occupied by such corporation. If such
parties are unable to agree, the telecommunications utility may condemn so much
thereof as is necessary and convenient in the location and construction of the
poles or lines. The provisions of ORS chapter 35 are applicable to
condemnations under this section. [1987 c.447 §70]
ACCOUNTS AND
RECORDS
     759.100 [1987 c.447 §5; repealed by 2005 c.232 §14]
     759.105 [1989 c.484 §7; renumbered 759.219 in 2005]
     759.110 [1987 c.447 §6; repealed by 2005 c.232 §14]
     759.115 [1987 c.447 §7; repealed by 2005 c.232 §14]
     759.120
Form and manner of accounts prescribed by commission. (1) Every telecommunications utility shall
keep and render to the Public Utility Commission, in the manner and form
prescribed by the commission, uniform accounts of all business transacted. All
forms of accounts which may be prescribed by the commission shall conform as
nearly as practicable to similar forms prescribed by federal authority.
     (2) Every telecommunications utility
engaged directly or indirectly in any other business than that of a
telecommunications utility shall, if required by the commission, keep and
render separately to the commission, in like manner and form, the accounts of
all such other business, in which case all the provisions of this chapter shall
apply with like force and effect to the accounts and records of such other
business. [1987 c.447 §8]
     759.125
Records and accounts prescribed by commission; prohibition on other records or
accounts; exception; blanks for reports. (1) The Public Utility Commission shall prescribe the accounts and
records required to be kept and every telecommunications utility is required to
keep and render its accounts and records accurately and faithfully in the
manner prescribed by the commission and to comply with all directions of the
commission relating to such accounts and records.
     (2) No telecommunications utility shall
keep any other accounts or records of its telecommunications utility business
transacted than those prescribed or approved by the commission except such as
may be required by the laws of the
     (3) The commission shall cause to be
prepared suitable blanks for reports for carrying out the purposes of this
chapter, and shall, when necessary, furnish such blanks for reports to each
telecommunications utility. [1987 c.447 §9]
     759.130
Closing date of accounts; filing balance sheet; audit. (1) The accounts shall be closed annually on
December 31 and a balance sheet of that date promptly taken therefrom. On or
before April 1 following, such balance sheet, together with such other
information as the Public Utility Commission shall prescribe, verified by an officer
of the telecommunications utility, shall be filed with the commission.
     (2) The commission may examine and audit
any account. Items shall be allocated to the accounts in the manner prescribed
by the commission. [1987 c.447 §10]
     759.135
Depreciation accounts; undepreciated investment allowed in rates; conditions. (1) Every telecommunications utility shall
carry a proper and adequate depreciation account. The Public Utility Commission
shall ascertain and determine the proper and adequate rates of depreciation of
the several classes of property of each telecommunications utility. The rates
shall be such as will provide the amounts required over and above the expenses
of maintenance, to keep such property in a state of efficiency corresponding to
the progress of the industry. Each telecommunications utility shall conform its
depreciation accounts to the rates so ascertained and determined by the
commission. The commission may make changes in such rates of depreciation from
time to time as the commission may find to be necessary.
     (2) In the following cases the commission
may allow in rates, directly or indirectly, amounts on the utilityÂ’s books of
account which the commission finds represent undepreciated investment in a
utility plant, including that which has been retired from service:
     (a) When the retirement is due to ordinary
wear and tear, casualties, acts of God, acts of governmental authority; or
     (b) When the commission finds that the
retirement is in the public interest. [1987 c.447 §11; 1989 c.956 §3]
RATE
REGULATION AND PROCEDURES; MEASURING EQUIPMENT
     759.175
Filing rate schedules and data with commission. (1) Every telecommunications utility shall
file with the Public Utility Commission, within a time to be fixed by the
commission, schedules showing all rates, tolls and charges that the utility has
established and that are in force at the time for any service performed by the
utility within the state, or for any service in connection with or performed by
any utility controlled or operated by the utility. Schedules filed with the
commission shall be open to public inspection.
     (2) Every telecommunications utility shall
file, with and as part of every schedule filed under subsection (1) of this
section, all rules and regulations that in any manner affect the rates charged
or to be charged for any service.
     (3) Where a schedule of joint rates or
charges is or may be in force between two or more telecommunications utilities,
the schedule shall in like manner be printed and filed with the commission. [1987
c.447 §12; 2005 c.232 §15]
     759.180
Hearing on reasonableness of rates; procedures; exceptions. (1)(a) Except as provided in ORS 759.195 and
759.410 and ORS 759.052, 759.054 or 759.056, whenever any telecommunications
utility files with the Public Utility Commission any rate or schedule of rates
stating or establishing a new rate or schedule of rates or increasing an
existing rate or schedule of rates, the commission may, either upon written
complaint or upon the commissionÂ’s own initiative, after reasonable notice,
conduct a hearing to determine the propriety and reasonableness of the rate or
schedule. The commission shall conduct the hearing upon written complaint filed
by the telecommunications utility, its customer or customers, or any other
proper party within 60 days of the telecommunications utilityÂ’s filing. A
hearing need not be held if the particular rate change is the result of an
automatic adjustment clause. At the hearing the telecommunications utility
shall bear the burden of showing that the rate or schedule of rates proposed to
be established or increased or changed is just and reasonable.
     (b) As used in this subsection, “automatic
adjustment clause” means a provision of a rate schedule, authorized pursuant to
ORS 759.195 (6), that provides for rate increases, decreases or both, without
prior hearing, reflecting increases, decreases or both in costs incurred by a
telecommunications utility and that is subject to review by the commission at
least once every two years.
     (2) The commission and staff may consult
at any time with, and provide technical assistance to, telecommunications
utilities, their customers, and other interested parties on matters relevant to
utility rates and charges. If a hearing is held with respect to a rate change,
the decisions of the commission shall be based on the record made at the
hearing. [1987 c.447 §13; 1989 c.5 §16; 2005 c.232 §16]
     759.182
Rate schedules for service promotions; rules. (1) A telecommunications utility may file rate schedules for service
promotions that are offered by the utility for the purpose of:
     (a) Increasing the use of the utility’s
services by present or future customers;
     (b) Preventing a decrease in the use of
the utilityÂ’s services by present or future customers; or
     (c) Inducing any person to use the utility’s
services instead of a competing providerÂ’s services.
     (2) The rates charged under a service
promotion by a telecommunications utility must be adequate to ensure that:
     (a) The utility will recover an amount
equal to the sum of the total service long run incremental cost of providing
the nonessential functions of the service and the price that is charged to
other telecommunications carriers for the essential functions; and
     (b) The utility will recover the amount
under paragraph (a) of this subsection during the average time that customers
use the service.
     (3) Notwithstanding ORS 759.190, service
promotion rate schedules become effective upon filing with the Public Utility
Commission.
     (4) The commission shall adopt rules
governing service promotion rate schedules filed under this section. [2001
c.309 §2]
     Note: 759.182 was added to and made a part of
759.180 to 759.190 by legislative action but was not added to any other series.
See Preface to Oregon Revised Statutes for further explanation.
     759.185
Suspension of rates pending hearing; time limitation; refund of revenue
collected; interim rates.
(1) The Public Utility Commission may, pending such investigation and
determination, order the suspension of the rate or schedule of rates, provided
the initial period of suspension shall not extend more than six months beyond
the time when such rate or schedule would otherwise go into effect. If the
commission finds that the investigation will not be completed at the expiration
of the initial suspension, the commission may enter an order further suspending
such rate or schedule for not more than three months beyond the last day of the
initial suspension.
     (2) This section does not prevent the
commission and the telecommunications utility from entering into a written
stipulation at any time extending any period of suspension.
     (3) After full hearing, whether completed
before or after such rate or schedule has gone into effect, the commission may
make such order in reference thereto as would be proper in a proceeding
initiated after such rate or schedule has become effective.
     (4) If the commission is required to or
determines to conduct a hearing on a rate or schedule of rates filed pursuant
to ORS 759.180, but does not order a suspension thereof, any increased revenue
collected by the telecommunications utility as a result of such rate or rate
schedule becoming effective shall be received subject to being refunded. If the
rate or rate schedule thereafter approved by the commission is for a lesser
increase or for no increase, the telecommunications utility shall refund the
amount of revenues received that exceeds the amount approved as nearly as
possible to the customers from whom such excess revenues were collected, by a
credit against future bills or otherwise, in such manner as the commission
orders.
     (5) The commission may, in a suspension
order, authorize an interim rate or rate schedule under which the
telecommunications utilityÂ’s revenues will be increased by an amount deemed
reasonable by the commission, not exceeding the amount requested by the
telecommunications utility. An interim rate or rate schedule shall remain in
effect until terminated by the commission. [1987 c.447 §14]
     759.190
Notice of schedule change.
No change shall be made in any schedule, including schedules of joint rates,
except upon 30 daysÂ’ notice to the Public Utility Commission. All changes shall
be plainly indicated upon existing schedules, or by filing new schedules in
lieu thereof 30 days prior to the time they are to take effect. However, the
commission, for good cause shown, may allow changes without requiring the 30
daysÂ’ notice by filing an order specifying the changes to be made and the time
when they shall take effect. [1987 c.447 §15]
     759.195
Price listing of services; conditions; maximum rates; essential services;
justification by utility of rates for price-listed services. (1) Except as provided in subsection (6) of
this section, upon petition of a telecommunications utility that provides local
exchange service directly, or is affiliated with a utility that provides local
exchange service, and after notice and hearing, the Public Utility Commission
may authorize the utility to set rates for toll and other telecommunications
services by filing a price list containing the price and terms for the service.
The price list or any revision of the price list is not subject to the
provisions of ORS 759.180 to 759.190 and shall become effective as determined
by the commission. The commission may prescribe conditions on an authorization
to establish rates by price list, including conditions relating to the sharing
of revenues received by the utility that are in excess of allowances provided
for in the order of authorization.
     (2) Telecommunications utilities that provide
telecommunications services only between exchanges and are not affiliated with
a utility that provides local exchange service may establish rates by price
list without special authorization from the commission.
     (3) Prior to granting a petition to set
rates by price list under this section, the commission shall find that pricing
flexibility:
     (a) Is reasonably necessary to enable the
utility to respond to current and future competitive conditions for any or all
telecommunications services;
     (b) Will maintain the appropriate balance
between the need for price flexibility and the protection of consumers;
     (c) Is likely to benefit the consumers of
fixed rate services; and
     (d) Is unlikely to cause any undue harm to
any customer class.
     (4) A rate set for a service by a utility
may not be lower than the long run incremental cost of providing the service.
     (5) Upon its own motion the commission may
fix maximum rate levels and terms of service for price listed services and for
toll services on noncompetitive routes. Upon request of any affected person,
the commission shall fix maximum rate levels and terms of service for price
listed services not subject to competition and for toll services on
noncompetitive routes.
     (6) By rule, the commission shall
designate local exchange services that it deems essential, and rates for such
services shall be prescribed under ORS 759.180 to 759.190. The commission also
may authorize automatic adjustment clauses which reflect increases, decreases,
or both, in particular costs incurred by the utility. For the purposes of this
subsection, “essential services” need not be essential for all classes of
customers.
     (7) The commission may, at any time, order
a telecommunications utility to appear and establish that any of its price listed
rates are just and reasonable and in conformity with the requirements of this
section and the authorization to price list issued by the commission. Price
listed rates shall also be subject to complaint under ORS 756.500. [Formerly
757.850; 2005 c.232 §13a]
     759.200
Inclusion of amortizations in rates; deferral of certain expenses or revenues;
limitation on amounts; prohibited uses. (1) In addition to powers otherwise vested in the Public Utility
Commission, and subject to the limitations contained in subsection (5) of this
section, under amortization schedules set by the commission, a rate or rate
schedule may reflect the following:
     (a) Amounts lawfully imposed retroactively
by order of another governmental agency; or
     (b) Amounts deferred under subsection (2)
of this section.
     (2) Upon application of a
telecommunications utility or ratepayer or upon the commissionÂ’s own motion and
after public notice and opportunity for comment, the commission by order may
authorize deferral, for later incorporation in rates, telecommunications
utility expenses or revenues, the recovery or refund of which the commission
finds should be deferred in order to minimize the frequency of rate changes or
the fluctuation of rate levels or to match appropriately the costs borne by and
benefits received by ratepayers. The authority under this subsection is limited
to the following accounts:
     (a) Increases or decreases in amounts
incurred by a telecommunications utility resulting from changes in
jurisdictional separations approved by the Federal Communications Commission;
     (b) Increases or decreases in amounts
incurred by a telecommunications utility resulting from changes in depreciation
rates or amortization schedules approved by the commission;
     (c) Increases or decreases in amounts
incurred by a telecommunications utility resulting from changes in income,
excise, franchise or ad valorem taxes by the federal, state or local
governments;
     (d) Increases or decreases in amounts
incurred by a telecommunications utility resulting from restoration of
telecommunications services interrupted by floods, fires, earthquakes, storms
or other acts of nature;
     (e) Increases or decreases in amounts
incurred by a telecommunications utility for research, development, planning
and advance advertising for products and services not yet in service;
     (f) Increases or decreases in amounts
incurred by a telecommunications utility for telephone plant transfers and
property sales approved by the commission;
     (g) Increases or decreases in amounts
incurred by a telecommunications utility from affiliated interest contracts and
transactions approved by the commission;
     (h) Increases or decreases in amounts
incurred by a telecommunications utility from attorneyÂ’s fees, court
settlements and court awards;
     (i) Increases or decreases in amounts
incurred by a telecommunications utility resulting from changes in accounting
methods approved by the commission; and
     (j) Increases or decreases in amounts
incurred by a telecommunications utility from customer service contracts,
intercompany service contracts and joint and through service arrangements.
     (3) The commission may authorize deferrals
under subsection (2) of this section beginning with the date of application,
together with interest established by the commission. A deferral may be
authorized for a period not to exceed 12 months beginning on or after the date
of application.
     (4) Unless subject to an automatic
adjustment clause under ORS 759.180, amounts described in this section shall be
allowed in rates only to the extent authorized by the commission in a
proceeding to change rates and upon review of the utilityÂ’s earnings at the
time of application to amortize the deferral.
     (5) In any one year, the overall average
rate impact of the amortizations authorized under this section shall not exceed
three percent of the telecommunications utilityÂ’s gross revenues for the
preceding calendar year.
     (6) The provisions of this section may be
used as a means of deferring the effect of readily identifiable and readily
measurable changes in particular costs or revenues of a telecommunications
utility, but shall not be used to implement a claim for an increase or decrease
in the overall revenue requirement of a telecommunications utility when the
amount of the change or changes would not be known until the completion of a
rate case. [1989 c.929 §2]
     759.205
Conformance of rates charged with schedule. No telecommunications utility shall charge, demand, collect or receive
a greater or less compensation for any service performed by it within the
state, or for any service in connection therewith, than is specified in printed
rate schedules as may at the time be in force, or demand, collect or receive
any rate not specified in such schedule. The rates named therein are the lawful
rates until they are changed as provided in this chapter. [1987 c.447 §16]
     759.210
Classification of service and rates; considerations. (1) The Public Utility Commission shall
provide for a comprehensive classification of service for each
telecommunications utility. The classification may take into account the
quantity used, the time when used, the purpose for which used, the existence of
price competition or a service alternative, the services being provided, the
conditions of service and any other reasonable consideration. Based on these
considerations the commission may authorize classifications or schedules of
rates applicable to individual customers or groups of customers. Each
telecommunications utility is required to conform its schedules of rates to such
classification. If the commission determines that a tariff filing under ORS
759.175 results in a rate classification primarily related to price competition
or a service alternative, the commission, at a minimum, shall consider the
following:
     (a) Whether the rate generates revenues at
least sufficient to cover relevant short and long run costs of the utility
during the term of the rates; and
     (b) Whether the rate generates revenues
sufficient to insure that just and reasonable rates are established for remaining
customers of the telecommunications utility.
     (2) The commission may prescribe any
changes in the form in which the schedules are issued by any telecommunications
utility as the commission finds to be expedient. The commission shall adopt
rules that allow any person who requests notice of tariff filings described
under subsection (1) of this section to receive such notice. [1987 c.447 §17;
1989 c.5 §17; 2005 c.232 §18]
     759.215
Public access to schedules.
(1) A copy of so much of all schedules, including schedules of joint rates and
charges, as the Public Utility Commission deems necessary for the use of the
public, shall be made available to the public.
     (2) Except as provided in ORS 759.410 (8),
copies of all new schedules shall be made readily accessible to the public as
required by the commission 30 days prior to the time the schedules are to take
effect, unless the commission prescribes a shorter time. [1987 c.447 §18; 2005
c.232 §19]
     759.217
Effect of tax credit under ORS 315.511. The Public Utility Commission may not require a reduction in a rate or
a schedule of rates as a result of a tax credit under ORS 315.511 being allowed
to a telecommunications utility. [2001 c.957 §17]
     759.218
Revenues and expenses of unregulated activities. (1) A telecommunications utility may not use
revenues earned from, or allocate expenses to, that portion of the utilityÂ’s
business that is regulated under this chapter in order to subsidize activities
that are not regulated by this chapter.
     (2) The Public Utility Commission may not
require revenues or expenses from an activity that is not regulated under this
chapter to be attributed to the regulated activities of a telecommunications
utility.
     (3) The commission may approve a
telecommunications utility rate proposal for basic local service rates that
utilizes revenues from other regulated services to partially cover the costs of
providing basic local service. [2005 c.232 §4]
     759.219
Certain taxes as operating expense; charge pro rata to users; condition. The privilege tax authorized by ORS 221.515,
or other similar exactions imposed by any municipality in this state upon
telecommunications utilities for use and occupancy of streets, alleys or
highways, or all of them, shall be allowed as an operating expense of the
affected telecommunications utilities operating in the municipality for
rate-making purposes by the Public Utility Commission. The cost of such
privilege tax or other similar exactions shall be charged pro rata to the users
of such telecommunications utility within the municipality unless the Public
Utility Commission determines on a statewide basis that such pro rata charges
would be inequitable, in whole or in part, to city ratepayers or should
otherwise be borne as a statewide operating expense by the telecommunications
utility. [Formerly 759.105]
     759.220
Joint rates and classifications; procedure; considerations. (1) A telecommunications utility may
establish reasonable through service and joint rates and classifications with other
telecommunications utilities. Telecommunications utilities establishing
joint rates shall establish just and reasonable regulations and practices in
connection therewith and just, reasonable and equitable divisions thereof, as
between the public utilities participating therein which shall not unduly
prefer or prejudice any of the participating telecommunications utilities and
every unjust and unreasonable rate, classification, regulation, practice and
division is prohibited.
     (2) The Public Utility Commission may, and
shall, whenever deemed by the commission to be necessary or desirable in the
public interest, after full hearing upon complaint, or upon the commissionÂ’s
own initiative without complaint, establish through service, classifications
and joint rates, the divisions of such rates and the terms and conditions under
which such through service shall be rendered. If any tariff or schedule
canceling any through service or joint rate or classification without the
consent of all the telecommunications utilities party thereto, or authorization
by the commission is suspended by the commission for investigation, the burden
of proof is upon the telecommunications utility proposing such cancellation to
show that it is consistent with the public interest.
     (3) Whenever, after full hearing upon
complaint or upon the commissionÂ’s own initiative without complaint, the
commission is of the opinion that the divisions of joint rates between the
telecommunications utilities are or will be unjust, unreasonable, inequitable
or unduly preferential or prejudicial as between the telecommunications
utilities party thereto, whether agreed upon by such telecommunications
utilities or otherwise established, the commission shall, by order, prescribe
the just, reasonable and equitable divisions thereof to be received by the
several telecommunications utilities. In cases where the joint rate was
established pursuant to the finding or order of the commission and the
divisions thereto are found by the commission to have been unjust, unreasonable
or inequitable, or unduly preferential or prejudicial, the commission may also
by order determine what, for the period subsequent to the filing of the
complaint or petition or the making of the order of investigation, would have
been the just, reasonable and equitable division thereof to be received by the
several telecommunications utilities and require adjustment to be made in
accordance therewith.
     (4) In so prescribing and determining the
divisions of joint rates, the commission shall give due consideration, among
other things, to:
     (a) The efficiency with which the
telecommunications utilities concerned are operated;
     (b) The amount of revenue to pay their
respective operating expenses, taxes and a fair return on their
telecommunications utility property held for and used in service;
     (c) The importance to the public of the
services of such telecommunications utilities;
     (d) Whether any particular participating
telecommunications utility is an originating, intermediate or delivering
utility; and
     (e) Any other fact or circumstance which
ordinarily would entitle one telecommunications utility to a greater or less
proportion of the joint rate than another. [1987 c.447 §19]
     759.225
Application of ORS 759.220 to unincorporated associations and cooperative
corporations. Notwithstanding
any other provision of law, ORS 759.220 applies to any unincorporated
association or cooperative corporation providing intrastate telecommunications
service. The application of ORS 759.220 to unincorporated associations and
cooperative corporations:
     (1) Does not allow the Public Utility
Commission to establish terms, conditions, classifications or rates for
services rendered to members of unincorporated associations or cooperative
corporations;
     (2) Does not make unincorporated associations
or cooperative corporations subject to the commissionÂ’s general powers of
regulation;
     (3) Allows the commission to regulate
access charges imposed by unincorporated associations and cooperative
corporations; and
     (4) Requires unincorporated associations
and cooperative corporations to provide information to the commission that the
commission deems necessary to establish new extended service areas. [Formerly
757.860; 2001 c.853 §1]
     759.230
Measured service rate for business customers; restriction. (1) Notwithstanding any other provision of
this chapter, the Public Utility Commission shall not authorize a
telecommunications utility to implement a rate schedule that includes optional
measured service for business customers unless the rate for the service is
sufficient to defray all costs that must be incurred to implement the service,
including the costs of measuring and billing.
     (2) As used in this section:
     (a) “Local exchange telephone service”
means telephone service provided within the boundaries of exchange maps filed
with and approved by the commission.
     (b) “Measured service” means local
exchange telephone service, the rate for which is based upon the number of
calls, length of calls, distance or time of day. [Formerly 757.835]
     759.235
Mandatory measured service rate; prohibition. (1) The Public Utility Commission shall be prohibited from requiring
any call aggregator, telephone customer or class of customers to pay for local
exchange telephone service, or any portion thereof, on a mandatory measured
service basis.
     (2) As used in this section:
     (a) “Call aggregator” has the meaning
given that term in ORS 759.690.
     (b) “Measured service” means charging for
local exchange telephone service based upon number of calls, length of calls,
distance, time of day, or any combination thereof.
     (3) Nothing in this section is intended to
prohibit the commission from requiring telephone customers to pay on a
mandatory measured service basis for:
     (a) Land, marine, or air mobile service.
     (b) Local exchange telephone service
resold at a profit.
     (4) The commission shall not change
boundaries of local exchange service areas nor take any other actions if such
changes or actions have the effect of circumventing subsections (1) and (2) of
this section. [Formerly 757.840; 1997 c.317 §1]
     759.240
Measuring quality of service; standards; rules. (1) The Public Utility Commission shall
ascertain and prescribe for each kind of telecommunications utility suitable
and convenient standard commercial units of service. These shall be lawful
units for the purposes of this chapter.
     (2) The commission shall ascertain and fix
adequate and serviceable standards for the measurement of quality, pressure,
initial voltage or other conditions pertaining to the supply of the service rendered
by any telecommunications utility and prescribe reasonable regulations for
examination and testing of such service and for the measurement thereof. It
shall establish reasonable rules, regulations, specifications and standards to
secure the accuracy of all meters and appliances for the measurements, and
every telecommunications utility is required to carry into effect all orders
issued by the commission relative thereto. [1987 c.447 §20]
     759.245
Examination and testing of measuring appliances. (1) The Public Utility Commission may
provide for the examination and testing of any and all appliances used for the
measuring of any service of a telecommunications utility and may provide by
rule that no such appliance shall be installed and used for the measuring of
any service of any telecommunications utility until it has been examined and
tested by the commission and found to be accurate.
     (2) The commission shall declare and
establish a reasonable fee governing the cost of such examination and test,
which shall be paid to the commission by the telecommunications utility.
     (3) The commission shall declare and
establish reasonable fees for the testing of such appliances on the application
of the customer, the fee to be paid by the customer at the time of the customerÂ’s
request, but to be repaid to the customer by the commission and to be paid by
the telecommunications utility if the appliance is found defective or incorrect
to the disadvantage of the customer or used beyond such reasonable limit as may
be prescribed by the commission.
     (4) All fees collected under the
provisions of this section shall be paid by the commission into the State
Treasury.
     (5) The commission may purchase such
materials, apparatus and standard measuring instruments for the examination and
tests as the commission deems necessary. [1987 c.447 §21]
     759.250
Contracts for special services; procedure for filing and approval; subsequent
review and investigation.
(1) A telecommunications utility may enter into a contract with any customer
for the provision of a telecommunications service that the Public Utility
Commission determines is a new service with limited availability, is designed
to respond to a unique customer requirement or is subject to competition.
Contracts shall be for a stated time period, not to exceed five years. If a
contract includes competitive and noncompetitive service elements, the
noncompetitive service elements shall be unbundled and priced separately from
all other facilities and service elements in the contract. Such noncompetitive
service elements shall be made available to all purchasers under the same or
substantially the same circumstances at the same rate, terms and conditions.
     (2) The telecommunications utility shall
file any contract with the commission no later than 90 days following its
effective date. At the customerÂ’s request, the telecommunications utility shall
file the contract at least 30 days in advance of the effective date. Notice of
the filing of the contract shall be given by the commission to all persons who
have filed with the commission a petition to receive such notice.
     (3) Contracts entered into under this
section are not schedules of rates, tolls or charges within the meaning of ORS
759.175. A contract entered into under this section shall be enforceable by the
contracting parties according to its terms, unless the contract has been
rejected by the commission as provided in this section.
     (4) Notwithstanding ORS 759.175 to
759.185, the commission shall approve any contract for a telecommunications
service entered into under this section if the commission finds the following:
     (a) The telecommunications service is a
new service with limited availability, is designed to respond to a unique
customer requirement or is subject to competition. In making the determination
of whether a service is subject to competition, the commission shall consider
whether the customer might reasonably have chosen an alternative to the
telecommunications utilityÂ’s service.
     (b) The contracted price for the telecommunications
service is above the long run incremental costs of providing such service
during the term of the contract. In making this calculation for a contract that
includes both competitive and noncompetitive service elements, the commission
shall consider separately whether the competitive service elements are priced
above the long run incremental costs of providing such service elements.
     (c) The contracted price for the
telecommunications service includes all costs of providing such service,
including the rate that would be charged by a telecommunications utility to any
competitive telecommunications provider for any component essential to the
competitive telecommunications providerÂ’s ability to offer the
telecommunications service. The commission shall determine which components of
the service shall be deemed essential and the method to include prices of those
components in costs of such services.
     (5) The commission shall issue an order
regarding any contract filed under subsection (2) of this section within 90
days of the filing. If the commission does not act within 90 days of the
filing, the contract shall be deemed approved. If the commission disapproves
the contract, it shall enter an order describing the ways in which the contract
fails to meet the standards set forth in subsection (4) of this section and
declaring the contract null and void. The telecommunications utility or
customer may request that the commission hold a hearing to determine whether
the order should continue in effect. Any such request for hearing shall be
submitted to the commission not later than 15 days after the date of service of
the order, and the commission shall hold the hearing not later than 60 days
after receipt of such request for hearing.
     (6) Notwithstanding ORS 192.410 to
192.505, the commission shall not disclose the identity of a customer or any
customer proprietary information contained in a contract filed under subsection
(2) of this section without the consent of the customer and the
telecommunications utility.
     (7) No contract filed under subsection (2)
of this section may be automatically renewed. A contract renewal shall be
treated as a new contract.
     (8) Nothing in this section shall be
deemed state action for the purpose of exempting a telecommunications utility
from liability for anticompetitive conduct or other unlawful practices.
     (9) Any contract executed prior to
September 29, 1991, and approved by the commission is deemed lawful and shall
be enforceable by the contracting parties according to its terms. A contract
renewal shall be deemed a new contract.
     (10) Nothing in this section shall
restrict the commission from subsequent scrutiny of the reasonableness of
contracts filed under this section for ratemaking purposes.
     (11) In accordance with ORS 756.515, the
commission may investigate contracts filed by a specific telecommunications
utility under this section. Notwithstanding any other provision of this
section, if the commission finds that contracts entered into by a
telecommunications utility have not generally been in the public interest, the
commission, by order, may prevent or restrict the telecommunications utility
from future contracting pursuant to this section and may require the
telecommunications utility to file contracts under ORS 759.175. [1991 c.527 §2]
     759.255
Setting prices without regard to return on utility investment; petition;
findings; conditions; application of statutes to approved plan. (1) In addition to powers vested in the
Public Utility Commission under ORS 759.195, and subject to the limitations
contained in subsections (2) to (4) of this section, upon petition of a
telecommunications utility that provides local exchange service directly, or is
affiliated with a utility that provides local exchange service, the commission,
after notice and hearing, may approve a plan under which the commission
regulates prices charged by the utility, without regard to the return on
investment of the utility. Prices approved under the plan are not subject to
the provisions of ORS 759.180 to 759.190 and shall become effective as stated
in the plan.
     (2) Prior to granting a petition to
approve a plan under subsection (1) of this section, the commission must find
that the plan is in the public interest. In making its determination the
commission shall consider, among other matters, whether the plan:
     (a) Ensures prices for telecommunications
services that are just and reasonable;
     (b) Ensures high quality of existing
telecommunications services and makes new services available;
     (c) Maintains the appropriate balance
between the need for regulation and competition; and
     (d) Simplifies regulation.
     (3) If the commission approves a plan
under subsection (1) of this section, the commission shall establish objectives
of the plan and conditions for review of the plan during the operation of the
plan. The commission may not consider return on investment of the utility when
the commission establishes objectives of the plan and conditions for review of
the plan during the operation of the plan.
     (4) A rate for any service in the plan
authorized under subsection (1) of this section may not be lower than the total
service long run incremental cost, for nonessential functions, of providing the
service and the charges of essential functions used in providing the service.
However, the commission may allow a telecommunications utility to establish
rates for residential local exchange service at any level necessary to achieve
the commissionÂ’s universal service objectives.
     (5) If the commission approves a plan
under subsection (1) of this section, the commission may waive, in whole or in
part, compliance by the telecommunications utility with ORS 759.120, 759.125,
759.130, 759.135, 759.180 to 759.205, 759.215, 759.220, 759.285 and 759.300 to
759.393. [1995 c.399 §2; 2005 c.232 §13b]
     759.257
Extended area service:
     (2) The service provided for in subsection
(1) of this section may be implemented during the currently pending Portland
EAS Region Expansion, but in no event shall such implementation occur later
than November 1, 1998.
     (3) Nothing in subsection (1) of this
section authorizes a telecommunications utility to discontinue two-way, flat
rate or measured extended area service in any exchange area where that service
was provided prior to October 4, 1997. [1997 c.796 §2]
     759.259
Extended area service:
     (2) The service provided for in subsection
(1) of this section may be implemented during the currently pending Portland EAS
Region Expansion, but in no event shall such implementation occur later than
November 1, 1998, after approval by customers of the Molalla Exchange.
     (3) Nothing in subsection (1) of this
section authorizes a telecommunications utility to discontinue two-way, flat
rate or measured extended area service in any exchange area where the service
was provided prior to October 4, 1997. [1997 c.505 §2]
ILLEGAL
PRACTICES
     759.260
Unjust discrimination in rates.
(1) Except as provided in ORS 759.265, no telecommunications utility or any
agent or officer thereof shall, directly or indirectly, by any device, charge,
demand, collect or receive from any person a greater or less compensation for
any service rendered or to be rendered by it than:
     (a) That prescribed in the public
schedules or tariffs then in force or established; or
     (b) It charges, demands, collects or
receives from any other person for a like and contemporaneous service under
substantially similar circumstances. A difference in rates or charges based upon
a difference in classification pursuant to ORS 759.210 shall not constitute a
violation of this paragraph.
     (2) Any telecommunications utility
violating this section is guilty of unjust discrimination. [1987 c.447 §46;
1989 c.5 §22; 1993 c.18 §165]
     759.265
Practices not constituting unjust discrimination. (1) ORS 759.260 does not prevent any
telecommunications utility from giving free service, or reduced rates therefor,
to:
     (a) Its officers, directors, employees and
members of their families;
     (b) Former employees of such
telecommunications utilities or members of their families where such former
employees have become disabled in the service of such telecommunications
utility or are unable from physical disqualification, including retirement, to
continue in the service; or
     (c) Members of families of deceased
employees of such telecommunications utility.
     (2) The Public Utility Commission may
require any telecommunications utility to file with the commission a list,
verified under oath, of all free or reduced rate privileges granted by a
telecommunications utility under the provisions of this section. [1987 c.447 §47]
     759.267
Service promotion activities.
A telecommunications utility may promote the use of its services by offering a
waiver of part or all of a recurring or a nonrecurring charge, a redemption
coupon or a premium with the purchase of a service. ORS 759.260 and 759.265 do
not apply to promotions under this section, but the customer group to which the
promotion is available must be based on reasonable distinctions among
customers. [1993 c.204 §4]
     759.270
Reducing rates for persons furnishing part of facilities; rental of customer
facilities; furnishing meters and appliances. (1) No telecommunications utility shall demand, charge, collect or
receive from any person less compensation for any service rendered or to be
rendered by the telecommunications utility in consideration of the furnishing
by such person of any part of the facilities incident thereto.
     (2) This section does not prohibit any
telecommunications utility from renting any customerÂ’s facilities incident to
providing its services and for paying a reasonable rental therefor.
     (3) This section does not require a
telecommunications utility to furnish any part of such appliances which are
situated in and upon the premises of any customer, except meters and appliances
for measurements of any service, unless otherwise ordered by the Public Utility
Commission. [1987 c.447 §48]
     759.275
Undue preferences and prejudices. (1) No telecommunications utility shall make or give undue or
unreasonable preference or advantage to any particular person or locality, or
shall subject any particular person or locality to any undue or unreasonable
prejudice or disadvantage in any respect.
     (2) Any telecommunications utility
violating this section is guilty of unjust discrimination. [1987 c.447 §49]
     759.280
Soliciting or accepting rebates or special advantage. No person shall knowingly solicit, accept or
receive any rebate, concession or discrimination in respect to any service
whereby any such service shall, by any device, be rendered free or at a lesser
rate than that named in the published schedules and tariffs in force, or
whereby any service or advantage is received other than authorized in this chapter.
[1987 c.447 §50]
     759.285
Charging rates based on cost of property not presently providing service. No telecommunications utility shall,
directly or indirectly, by any device, charge, demand, collect or receive from
any customer, rates which are derived from a rate base which includes within it
any construction, building, installation or real or personal property not
presently used for providing utility service to the customer. [1987 c.447 §51]
     759.290 [1989 c.621 §2; repealed by 2007 c.823 §6]
ISSUANCE OF
SECURITIES
     759.300
“Stocks” defined. As used in
ORS 759.300 to 759.360, “stocks” means stocks, stock certificates or other
evidence of interest or ownership. [1987 c.447 §28]
     759.305
Power to regulate issuance of telecommunications stocks. The power of telecommunications utilities to
issue stocks and bonds, notes and other evidences of indebtedness and to create
liens on their property situated within this state is a special privilege, the
right of supervision, regulation, restriction and control of which is and shall
continue to be vested in the state. Such power shall be exercised as provided
by law and under such rules and regulations as the Public Utility Commission
may prescribe. [1987 c.447 §29]
     759.310
When issuance of securities void. All stocks and bonds, notes or other evidences of indebtedness and any
security of a telecommunications utility shall be void when issued:
     (1) Without an order of the Public Utility
Commission authorizing the same then in effect except as provided in ORS
759.315 (3) or (5).
     (2) With the authorization of the
commission, but not conforming in its provisions to the provisions, if any,
which it is required by the order of authorization of the commission to
contain; but no failure to comply with the terms or conditions of the order of
authorization of the commission and no informality or defect in the application
or in the proceedings in connection therewith or with the issuance of such
order shall render void any stock or bond, note or other evidence of indebtedness,
or security issued pursuant to and in substantial conformity with an order of
the commission, except as to a person taking the same otherwise than in good
faith and for value and without actual notice. [1987 c.447 §30; 1993 c.204 §1]
     759.315
Purposes for which securities may be issued; order required; exceptions. (1) A telecommunications utility may issue
stocks and bonds, notes and other evidences of indebtedness, and securities for
the following purposes and no others, except as otherwise permitted by
subsection (4) of this section:
     (a) The acquisition of property, or the
construction, completion, extension or improvement of its facilities.
     (b) The improvement or maintenance of its
service.
     (c) The discharge or lawful refunding of
its obligations.
     (d) The reimbursement of money actually
expended from income or from any other money in the treasury of the
telecommunications utility not secured by or obtained from the issue of stocks
or bonds, notes or other evidences of indebtedness, or securities of such
telecommunications utility, for any of the purposes listed in paragraphs (a) to
(c) of this subsection except the maintenance of service and replacements, in
cases where the applicant has kept its accounts and vouchers for such
expenditures in such manner as to enable the Public Utility Commission to
ascertain the amount of money so expended and the purposes for which such
expenditures were made.
     (e) The compliance with terms and
conditions of options granted to its employees to purchase its stock, if the
commission first finds that such terms and conditions are reasonable and in the
public interest.
     (2) Before issuing such securities, a
telecommunications utility, in addition to the other requirements of law, shall
secure from the commission upon application an order authorizing such issue,
stating:
     (a) The amount of the issue and the
purposes to which the issue or the proceeds thereof are to be applied;
     (b) In the opinion of the commission, the
money, property or labor to be procured or paid for by such issue reasonably is
required for the purposes specified in the order and compatible with the public
interest, which is necessary or appropriate for or consistent with the proper
performance by the applicant of service as a telecommunications utility, and
will not impair its ability to perform that service; and
     (c) Except as otherwise permitted in the
order in the case of bonds, notes or other evidences of indebtedness, such
purposes are not, in whole or in part, reasonably chargeable to operating
expenses or to income.
     (3) This section and ORS 759.310 apply to
demand notes but do not apply to the issuance or renewal of a note or evidence
of indebtedness maturing not more than one year after date of such issue or
renewal.
     (4) Nothing in ORS 759.300 to 759.360
shall prevent issuance of stock to stockholders as a stock dividend if there
has been secured from the commission an order:
     (a) Finding that the stock dividend is
compatible with the public interest;
     (b) Authorizing such issue and a transfer
of surplus to capital in any amount equal to the par or stated value of the
stock so authorized; and
     (c) Finding that a sum equal to the amount
to be so transferred was expended for the purposes enumerated in subsection (1)
of this section.
     (5) A telecommunications utility that
derives one-half or more of its gross revenue from sources outside this state
does not require commission authorization to issue stocks and bonds, notes or
other evidences of indebtedness and any security unless the commission finds
that the authorization requirements of ORS 759.310 and subsection (2) of this
section are necessary to:
     (a) Prevent the telecommunications utility
from issuing securities for purposes not permitted under subsection (1) of this
section; or
     (b) Prevent impairment of the
telecommunications utilityÂ’s ability to provide telecommunications utility
services to its customers in this state. The commission shall adopt rules that
set forth independently determined financial indicators upon which the commission
must base any finding of impaired ability to provide utility telecommunications
services. [1987 c.447 §31; 1993 c.204 §2; 2001 c.236 §1]
     759.320
Application of ORS 759.315.
ORS 759.315 does not apply to the issuance, renewal or assumption of liability
on any evidence of indebtedness when such issuance, renewal or assumption is
for the purpose of acquiring specific real or personal property, if the
aggregate principal amount thereof, together with all other then outstanding
evidences of indebtedness issued, renewed or assumed under this section, does
not exceed whichever is the greater of the following amounts:
     (1) The amount of $75,000.
     (2) The amount of one-half of one percent
of the sum of:
     (a) The total principal amount of all
bonds or other securities representing secured indebtedness of the
telecommunications utility issued or assumed and then outstanding; and
     (b) The capital and surplus as then stated
on the books of account of the telecommunications utility. [1987 c.447 §32]
     759.325
Application of ORS 759.375.
ORS 759.375 does not apply to any mortgage or other encumbrance upon any real
or personal property given to secure payment of any evidence of indebtedness
issued under ORS 759.315. [1987 c.447 §33]
     759.330
Hearings and supplemental orders for securities issuance; joint approval for
issuance by utility operating in another state. (1) To enable the Public Utility Commission
to determine whether the commission will issue an order under ORS 759.315, the
commission may hold a hearing and may make such additional inquiry or
investigation, examine such witnesses, books, papers, documents and contracts
and require the filing of such data as the commission deems necessary. The
application for such order shall be given priority and shall be disposed of by
the commission within 30 days after the filing of such application, unless that
period is extended with the consent of the telecommunications utility.
     (2) The commission may, upon application
of the telecommunications utility, after opportunity for hearing and for good
cause shown, make such supplemental orders in the premises as the commission
finds necessary or appropriate, and may by any such supplemental order modify
the provisions of any previous order as to the particular purposes, uses, extent
to which, or the condition under which, any security theretofore authorized or
its proceeds may be applied. Such supplemental orders are subject to the
requirements of ORS 759.315. The period of time permitted under subsection (1)
of this section for disposing of applications shall not apply to supplemental
orders.
     (3) If a commission or other agency is
empowered by another state to regulate and control the amount and character of
securities to be issued by any telecommunications utility within such other
state, the commission of Oregon has power to agree with such commission or
agency of such other state on the issue of stocks, bonds, notes, other
evidences of indebtedness or securities by a telecommunications utility owning
or operating a telecommunications utility both in such state and in this state,
and has power to approve such issue jointly with such commission or agency and
to issue a joint certificate of such approval. However, no such joint approval
is required in order to express the consent to and approval of such issue by
the State of
     759.335
Obligation of state as consequence of approval of issuance. No provision of ORS 759.300 to 759.360, and
no deed or act done or performed under or in connection therewith, shall be
held or construed to obligate the State of Oregon to pay or guarantee, in any
manner whatsoever, any stock or bond, note or other evidence of indebtedness,
authorized, issued or executed under the provisions of ORS 759.300 to 759.360. [1987
c.447 §35]
     759.340
Conditional approval of issuance. The Public Utility Commission may by order grant permission for the
issue of stocks or bonds, notes or other evidences of indebtedness in the
amount applied for, or in a lesser amount, or not at all, and may attach to the
exercise of the permission such condition or conditions as the commission deems
reasonable and necessary. [1987 c.447 §36]
     759.345
Use of proceeds from issuance; accounting. (1) No telecommunications utility shall, without the consent of the
Public Utility Commission, apply the issue of any stock or bond, note or other
evidence of indebtedness, or any part or proceeds thereof, to any purpose not
specified in the commissionÂ’s order, or to any purpose specified in the
commissionÂ’s order in excess of the amount authorized for such purpose, or
issue or dispose of the same on any terms less favorable than those specified
in such order, or a modification thereof.
     (2) The commission has power to require
telecommunications utilities to account for the disposition of the proceeds of
all sales of stocks and bonds, notes and other evidences of indebtedness, in
such form and detail as the commission deems advisable, and to establish such
rules and regulations as the commission deems reasonable and necessary to
insure the disposition of such proceeds for the purpose or purposes specified
in the order. [1987 c.447 §37]
     759.350
Limitation on authority of utility to guarantee debt of another. No telecommunications utility shall assume
any obligation or liability as guarantor, indorser, surety or otherwise in
respect to the securities of any other person, firm or corporation, when such
securities are payable at periods of more than 12 months after the date
thereof, without first having secured from the Public Utility Commission an
order authorizing it to do so. Every assumption made other than in accordance
with such an order is void. [1987 c.447 §38]
     759.355
Issuance or use of proceeds contrary to commission order. No telecommunications utility shall directly
or indirectly, issue or cause to be issued any stock or bond, note or other
evidence of indebtedness in nonconformity with the order of the Public Utility
Commission authorizing the same or contrary to the provisions of ORS 759.300 to
759.360, or of the Constitution of this state, or apply the proceeds from the
sale thereof, or any part thereof, to any purpose other than the purposes
specified in the commissionÂ’s order, or to any purpose specified in the
commissionÂ’s order, in excess of the amount in the order authorized for such
purpose. [1987 c.447 §39]
     759.360
Prohibited acts regarding issuance of securities. No person shall:
     (1) Knowingly authorize, direct, aid in,
issue or execute, or cause to be issued or executed, any stock or bond, note or
other evidence of indebtedness, in nonconformity with the order of the Public
Utility Commission authorizing the same, or contrary to the provisions of ORS
759.300 to 759.360 or of the Constitution of this state.
     (2) In any proceeding before the
commission, knowingly make any false statement or representation or with
knowledge of its falsity file or cause to be filed with the commission any
false statement or representation which may tend in any way to influence the
commission to make an order authorizing the issue of any stock or bond, note or
other evidence of indebtedness, or which results in procuring from the
commission the making of any such order.
     (3) With knowledge that any false
statement or representation was made to the commission in any proceeding
tending in any way to influence the commission to make such order, issue,
execute or negotiate, or cause to be issued, executed or negotiated, any stock
or bond, note or other evidence of indebtedness.
     (4) Directly or indirectly, knowingly
apply, or cause or assist to be applied, the proceeds, or any part thereof,
from the sale of any stock or bond, note or other evidence of indebtedness, to
any purpose not specified in the commissionÂ’s order, or to any purpose
specified in the commissionÂ’s order in excess of the amount authorized for such
purpose.
     (5) With knowledge that any stock or bond,
note or other evidence of indebtedness, has been issued or executed in
violation of ORS 759.300 to 759.360, negotiate, or cause the same to be
negotiated. [1987 c.447 §40]
TRANSACTIONS
OF UTILITIES
     759.375
Approval prior to sale, mortgage or disposal of operative utility property. (1) A telecommunications utility doing
business in
     (a) Sell, lease, assign or otherwise
dispose of the whole of the property of such telecommunications utility
necessary or useful in the performance of its duties to the public or any part
thereof of a value in excess of $100,000, or sell, lease, assign or otherwise
dispose of any franchise, permit or right to maintain and operate such
telecommunications utility or telecommunications utility property, or perform
any service as a telecommunications utility;
     (b) Mortgage or otherwise encumber the
whole or any part of the property of such telecommunications utility necessary
or useful in the performance of its duties to the public, including any
franchise, permit or right to maintain and operate such telecommunications
utility or telecommunications utility property, or perform any service as a
telecommunications utility; or
     (c) By any means whatsoever, directly or
indirectly, merge or consolidate any of its lines, plant, system or other property
whatsoever, or franchise or permit to maintain or operate any
telecommunications utility property, or perform any service as a
telecommunications utility, or any part thereof, with any other public utility
or telecommunications utility.
     (2) A telecommunications utility that
sells, leases, assigns or otherwise disposes of the whole of the property of
such telecommunications utility necessary or useful in the performance of its
duties to the public or any part thereof of a value in excess of $25,000, but
less than $100,000, shall notify the commission of the sale within 60 days
following the date of the sale.
     (3) Every sale, lease, assignment,
mortgage, disposition, encumbrance, merger or consolidation subject to
subsection (1) of this section made other than in accordance with the order of
the commission authorizing the same is void.
     (4) This section does not prohibit or
invalidate the sale, lease or other disposition by any telecommunications
utility of property which is not necessary or useful in the performance of its
duties to the public. [1987 c.447 §41; 1999 c.530 §2]
     759.380
Purchase of stock or property of another utility. (1) No telecommunications utility shall,
directly or indirectly, purchase, acquire or become the owner of any of the stocks
or bonds or property utilized for utility purposes and having a value in excess
of $10,000 of any other public utility or telecommunications utility unless
authorized to do so by the Public Utility Commission.
     (2) Every contract by any telecommunications
utility for the purchase, acquisition, assignment or transfer to it of any of
the stock of any other telecommunications utility by or through any person,
partnership or corporation without the approval of the commission shall be void
and of no effect, and no such transfer or assignment of such stock upon the
books of the corporation pursuant to any such contract is effective for any
purpose. [1987 c.447 §42]
     759.385
Contracts regarding use of utility property; filing with commission;
investigation. (1) When any
telecommunications utility doing business in this state, except a
telecommunications carrier that has elected to be subject to ORS 759.405 and
759.410, enters into a contract with another corporation with relation to the
construction, operation, maintenance or use of the property of the
telecommunications utility in Oregon, or the use of the property of the other
contracting party, or any part of the property, or for service, advice,
engineering, financing, rentals, leasing or for any construction or management
charges with respect to any of the property, or for the purchase of property,
materials or supplies, the proposed contract shall be filed with the Public
Utility Commission for the investigation and approval when the
telecommunications utility owns a majority of or controls directly or
indirectly the voting stock of the other contracting corporations.
     (2) Any proposed contract described in
subsection (1) of this section shall be filed with the commission within 90
days of execution of the contract. The contract shall be deemed to be executed
on the date the parties sign a written contract or on the date the parties
begin to transact business under the contract, whichever date is earlier. The
commission shall promptly investigate and act upon the contract in accordance
with ORS 759.390 (4) and (7).
     (3) In making an investigation of the
contract, the commission and accountants, examiners and agents, appointed by
the commission for the purpose, shall be given free access to all books, books
of account, documents, data and records of the telecommunications utility, as
well as of the corporation with which it is proposing to contract, that the
commission may deem material to the investigation. The failure or refusal of
either of the parties to the proposed contract to comply with this subsection
is prima facie evidence that the contract is unfair, unreasonable and contrary
to public interest, and is sufficient to justify a determination and finding of
the commission to that effect. A determination and finding by the commission
under this subsection has the same force and effect as any other determination
or order of the commission.
     (4) This section applies only to
transactions in which the telecommunications utilityÂ’s
     759.390
Contracts with affiliated interests; procedure; use in rate proceedings. (1) As used in this section, “affiliated
interest” with a telecommunications utility means:
     (a) Every person owning or holding
directly or indirectly five percent or more of the voting securities of the
telecommunications utility.
     (b) Every person in any chain of
successive ownership of five percent or more of the voting securities of the
telecommunications utility.
     (c) Every corporation five percent or more
of whose voting securities are owned by any person owning five percent or more
of the voting securities of the telecommunications utility or by any person in
any chain of successive ownership of five percent or more of the voting
securities of the telecommunications utility.
     (d) Every individual who is an officer or
director of the telecommunications utility or of any person in any chain of
successive ownership of five percent or more of the voting securities of the
telecommunications utility.
     (e) Every corporation that has two or more
officers or two or more directors in common with the telecommunications
utility.
     (f) Every entity, five percent or more of
which is directly or indirectly owned by a telecommunications utility.
     (g) Every person that the Public Utility
Commission determines as a matter of fact, after investigation and hearing,
actually is exercising any substantial influence over the policies and actions
of the telecommunications utility, even though the influence is not based upon
stockholdings, stockholders, directors or officers to the extent specified in
this section.
     (h) Every person that the commission
determines as a matter of fact, after investigation and hearing, actually is
exercising such substantial influence over the policies and actions of the
telecommunications utility in conjunction with one or more other persons with
whom they are related by ownership or blood or by action in concert that
together they are affiliated with the telecommunications utility within the
meaning of this section even though no one of them alone is so affiliated.
     (2) When any telecommunications utility
doing business in this state, except a telecommunications carrier that has
elected to be subject to ORS 759.405 and 759.410, enters into any contract to
make any payment, directly or indirectly, to any person having an affiliated
interest, for service, advice, auditing, accounting, sponsoring, engineering,
managing, operating, financing, legal or other services, or enters any charge
on the books of the utility, and the contract is to be recognized as an
operating expense or capital expenditure in any rate valuation or any other
hearing or proceeding, the contract shall be filed with the commission within
90 days of execution of the contract. The contract shall be deemed to be
executed on the date the parties sign a written contract or on the date the
parties begin to transact business under the contract, whichever date is
earlier.
     (3) When any telecommunications utility
doing business in this state enters into any contract, oral or written, with
any person having an affiliated interest relating to the construction,
operation, maintenance, leasing or use of the property of the
telecommunications utility in Oregon, or the purchase of property, materials or
supplies that is to be recognized as the basis of an operating expense or
capital expenditure in any rate valuation or any other hearing or proceeding, the
contract shall be filed with the commission within 90 days of execution of the
contract. The contract shall be deemed to be executed on the date the parties
sign a written contract or on the date the parties begin to transact business
under the contract, whichever date is earlier.
     (4) The commission promptly shall examine
and investigate any contract submitted to the commission under subsection (2)
or (3) of this section. If, after the investigation, the commission determines
that it is fair and reasonable and not contrary to the public interest, the
commission shall enter findings and order approving the contract and serve a
copy of the findings and order upon the telecommunications utility. Following
the commissionÂ’s determination of fairness and reasonableness, any expenses and
capital expenditures incurred by the telecommunications utility under the
contract may be recognized in any rate valuation or other hearing or
proceeding. If, after the investigation, the commission determines that the
contract is not fair and reasonable in all its terms and is contrary to the
public interest, the commission shall enter findings and order disapproving the
contract and serve a copy of the findings and order upon the telecommunications
utility. Except as provided in subsection (5) of this section, it is unlawful
to recognize a disapproved contract for the purposes specified in this section.
     (5) When any contract described in
subsection (2) or (3) of this section has been filed with the commission within
90 days of execution and the commission has not entered an order disapproving
the contract under subsection (4) of this section, the commission may not base
its refusal to recognize any expenses or capital expenditures incurred under
the contract in any rate valuation or other hearing or proceeding solely on the
basis that the contract has not been approved under subsection (4) of this
section.
     (6) A telecommunications utility may not
issue notes or loan its funds or give credit on its books or otherwise to any
person having an affiliated interest, either directly or indirectly, without
the approval of the commission.
     (7) The action of the commission with
respect to all the matters described in this section shall be by findings and
order to be entered within 90 days after the matter has been submitted to the
commission for consideration. The telecommunications utility, or any other
person affected by any findings and order of the commission under this section,
may seek judicial review of the order of the commission. An order of the
commission under this section is subject to judicial review as an order in a
contested case in the manner provided by ORS 756.610.
     (8) This section applies only to
transactions in which the telecommunications utilityÂ’s
     759.393
Applicability of ORS 759.385 and 759.390. (1) Except as provided in subsection (2) of this section, the filing
of proposed contracts under ORS 759.385 and 759.390 shall constitute a
telecommunications utilityÂ’s sole reporting obligation under ORS 759.385 and
759.390 and the Public Utility Commission may not require a telecommunications
utility to submit annual or other cumulative reports regarding such contracts,
including contracts with affiliates of the utility.
     (2) On April 1 of each year, every
telecommunications utility shall file with the commission a list of affiliate
contracts executed in the preceding year. The list shall consist of the names
of the parties to the contracts, the dollar amounts of the contracts and the
dates of execution of the contracts. [1999 c.809 §3]
     759.394 [1991 c.899 §4; repealed by 1999 c.809 §5]
     759.395 [1987 c.447 §45; repealed by 1991 c.315 §1]
PRICE CAP
REGULATION
(Generally)
     759.400
Definitions. As used in ORS
759.400 to 759.455:
     (1) “Basic telephone service” means local
exchange telecommunications service defined as basic by rule of the Public
Utility Commission.
     (2) “Retail telecommunications service”
means a telecommunications service provided for a fee to customers. “Retail
telecommunications service” does not include a service provided by one
telecommunications carrier to another telecommunications carrier, unless the
carrier receiving the service is the end user of the service.
     (3) “Telecommunications carrier” means any
provider of retail telecommunications services, except a call aggregator as
defined in ORS 759.690. [1999 c.1093 §23]
     759.405
Election of regulation under ORS 759.405 and 759.410; conditions;
Telecommunications Infrastructure Account; remedy for failure of utility to
comply with conditions. (1)
A telecommunications carrier may elect to be subject to this section and ORS
759.410. The telecommunications carrier shall notify, in writing, the Public
Utility Commission of its election. Such election shall be effective 30 days
after the written notification is received by the Public Utility Commission. A
telecommunications carrier that elects to be subject to this section and ORS
759.410 shall be subject to the infrastructure investment and price regulation
requirements of this section and ORS 759.410 and shall not be subject to any
other regulation based on earnings, rates or rate of return.
     (2) A telecommunications carrier that
elects to be subject to this section and ORS 759.410 shall establish in its
accounts a Telecommunications Infrastructure Account. The telecommunications
carrier shall commit to its Telecommunications Infrastructure Account over a
four-year period amounts totaling 20 percent of the telecommunications carrierÂ’s
gross regulated intrastate revenue for the calendar year immediately prior to
the year the telecommunications carrier elects to be subject to this section
and ORS 759.410. Of the total committed amount, 30 percent shall be credited to
and made available for the purposes of the electing carrierÂ’s account on the
date the telecommunications carrierÂ’s election becomes effective. An electing
telecommunications carrier shall credit an equal amount on the same date in the
next following year. The electing carrier shall credit to its
Telecommunications Infrastructure Account an amount equal to 20 percent of the
total committed amount on the same date in each of the next following two
years.
     (3)(a) A telecommunications carrier that
elects to be subject to this section and ORS 759.410 shall expend the moneys in
the telecommunications carrierÂ’s Telecommunications Infrastructure Account on a
plan or plans approved by the Oregon Economic and Community Development
Commission under ORS 759.430. Subject to paragraphs (c) and (d) of this
subsection, the total amount of capital and other expenses associated with
completing the projects shall equal the total amount of moneys available in the
account.
     (b) Moneys in the account shall be used
primarily to ensure that rural and urban Oregonians have improved access to
telecommunications technology and services. Expenditures from the account shall
be used for investment in telecommunications infrastructure and deployment of
new and advanced telecommunications services.
     (c)(A) Within 120 days following the
effective date of a telecommunications carrierÂ’s election to be regulated under
this section and ORS 759.410, but not later than January 1 of the year
following the effective date of a telecommunications carrierÂ’s election, and on
the same date in each of the next following three years, a telecommunications
carrier serving less than one million access lines in Oregon shall transfer 40
percent of the moneys most recently credited to its Telecommunications
Infrastructure Account to the Connecting Oregon Communities Fund established
under ORS 759.445.
     (B) Within 120 days following the
effective date of a telecommunications carrierÂ’s election to be regulated under
this section and ORS 759.410, but not later than January 1 of the year
following the effective date of a telecommunications carrierÂ’s election, and on
the same date in the next following year, a telecommunications carrier serving
one million or more access lines in Oregon shall transfer 70 percent of the
moneys most recently credited to its Telecommunications Infrastructure Account
to the Connecting Oregon Communities Fund established under ORS 759.445.
     (d) Notwithstanding ORS 285A.075 (2), if
the Oregon Economic and Community Development Commission determines, following
notice and a public hearing, that the telecommunications carrier is not
complying with plans or plan modifications approved under ORS 759.430,
following notice to the telecommunications carrier and reasonable opportunity
to cure any noncompliance, the Oregon Economic and Community Development
Commission may require the telecommunications carrier to transfer any or all
moneys remaining in the carrierÂ’s Telecommunications Infrastructure Account,
and any future amounts credited to the account, to the Connecting Oregon
Communities Fund established under ORS 759.445.
     (4) Nothing in this section affects the
authority of a city or municipality to manage the public rights of way or to
require fair and reasonable compensation from a telecommunications carrier, on
a competitively neutral and nondiscriminatory basis, under ORS 221.420,
221.450, 221.510 and 221.515. [1999 c.1093 §24; 2001 c.104 §295]
     759.410
Intent of ORS 759.410; establishing maximum and minimum price for
telecommunications services; packaging services; notice of price change, new
service; enforcement. (1) It
is the intent of the Legislative Assembly that:
     (a) The State of
     (b) Telecommunications carriers subject to
rate of return regulation have the ability to opt out of rate of return
regulation;
     (c) A telecommunications carrier that opts
out of rate of return regulation under this section and ORS 759.405 shall be
subject to price cap regulation and the carrier under price cap regulation
shall continue to meet service quality requirements; and
     (d) Telecommunications carriers that opt
out of rate of return regulation under this section and ORS 759.405 shall make
payments to the state to support the use of advanced telecommunications
services and to support deployment of advanced telecommunications services.
     (2) A telecommunications carrier that
elects to be subject to this section and ORS 759.405 shall be subject to price
regulation as provided in this section and shall not be subject to any other
retail rate regulation, including but not limited to any form of
earnings-based, rate-based or rate of return regulation.
     (3) The price a telecommunications utility
that elects to be subject to this section and ORS 759.405 may charge for basic
telephone service shall be established by the Public Utility Commission under
ORS 759.425. Subject to ORS 759.415, the regular tariff rate of intrastate
switched access and retail telecommunications services regulated by the
commission, other than basic telephone service, in effect on the date the
carrier elects to be subject to this section and ORS 759.405 shall be the
maximum price the telecommunications carrier may charge for that service.
     (4) A telecommunications carrier that
elects to be subject to this section and ORS 759.405 may adjust the price for
intrastate switched access or a regulated retail telecommunications service
between the maximum price established under this section and a price floor
equal to the sum of the total service long run incremental cost of providing
the service for the nonessential functions of the service and the price that is
charged to other telecommunications carriers for the essential functions. Basic
telephone service shall not be subject to a price floor.
     (5) The price for a new regulated retail
telecommunications service introduced by a telecommunications carrier within
four years after the date the carrier elects to be subject to this section and
ORS 759.405 shall be subject to a price floor test by the commission to ensure
that the service is not priced below the sum of the total service long run
incremental cost of providing the service for the nonessential functions of the
service and the price that is charged to other telecommunications carriers for
the essential functions. Beginning on the date four years after September 1,
1999, the price of a new telecommunications service shall be subject to a price
floor test by the commission to ensure that the service is not priced below the
total service long run incremental cost of providing the service, without
regard to whether the service is considered essential or nonessential.
     (6) A telecommunications carrier that elects
to be subject to this section and ORS 759.405 may package and offer any of its
retail telecommunications services with any other service at any price,
provided the following conditions apply:
     (a) Any regulated telecommunications
service may be purchased separately at or below the maximum price.
     (b) The price of the package is not less
than the sum of the price floors of each regulated retail telecommunications
service included in the package.
     (c) The price of a package that is
comprised entirely of regulated retail telecommunications services does not
exceed the sum of the maximum prices for each of the services.
     (d) The price of a package comprised of
regulated and unregulated retail telecommunications services does not exceed
the sum of the maximum prices established under this section for regulated
services and the retail price charged by the carrier for the individual
unregulated services in the package. A telecommunications carrier subject to
regulation under this section shall provide notice to the commission within 30
days of a change in the price of an unregulated telecommunications service
contained in the package.
     (7) Nothing in this section or ORS 759.405
is intended to limit the ability of a telecommunications carrier to seek
deregulation of telecommunications services under ORS 759.052.
     (8)(a) Notice of a price change authorized
under subsection (4) of this section, of the introduction of a new regulated
telecommunications service or of the packaging of services, must be given to
the commission within 30 days following the effective date of the price change,
new service or packaged service. Notice of a new regulated telecommunications
service shall indicate the retail price charged by the carrier for the service.
     (b) The commission may investigate any
price change authorized under subsection (4) of this section, the price of a
new regulated telecommunications service or the price of a package of services
to determine that the price complies with the provisions of this section and
any other applicable law. If the commission determines that the price of the
service or package of services does not comply with the provisions of this
section or other applicable law, the commission may order the
telecommunications carrier to take such action as the commission determines
necessary to bring the price into compliance with this section or other
applicable law.
     (9) Nothing in this section affects the
authority of a city or municipality to manage the public rights of way or to
require fair and reasonable compensation from a telecommunications carrier, on
a competitively neutral and nondiscriminatory basis, under ORS 221.420,
221.450, 221.510 and 221.515.
     (10) Notwithstanding any other provision
of this section, the commission shall establish prices for extended area
service in a manner that allows a telecommunications carrier that elects to be
subject to this section and ORS 759.405 to recover all costs and lost net
revenues attributable to implementing new extended area service routes. The
provisions of this subsection apply to telecommunications service provided on a
flat or measured basis between exchanges defined by exchange maps filed with
and approved by the commission. [1999 c.1093 §25; 2001 c.966 §1; 2005 c.232 §23]
     759.415
Order in rate proceeding filed prior to January 1, 1999, to establish maximum
rate for affected telecommunications services; dismissal of rate proceeding filed
after January 1, 1999. (1)
In a rate proceeding brought by a telecommunications carrier that elects to be
subject to ORS 759.405 and 759.410, or by the Public Utility Commission against
an electing telecommunications carrier, prior to January 1, 1999, that is on
appeal on September 1, 1999, a final rate for a telecommunications service
implemented as a result of the final judgment and order or negotiated
settlement shall become the maximum rate for purposes of ORS 759.410.
     (2) A rate proceeding brought by or
against an electing telecommunications carrier, after January 1, 1999, that is
pending on the effective date of the carrierÂ’s election to be subject to ORS
759.405 and 759.410, shall be dismissed by the commission or by the court if on
appeal, provided the carrier elects to be subject to regulation under ORS
759.405 and 759.410 within the later of:
     (a) Ninety days from the commencement of
the proceeding; or
     (b) Ninety days from September 1, 1999.
     (3) Notwithstanding subsection (2) of this
section, the parties to a rate proceeding brought by or against an electing
telecommunications carrier, after January 1, 1999, that is pending on the
effective date of the carrierÂ’s election to be subject to ORS 759.405 and
759.410, may agree to continue the proceeding. [1999 c.1093 §27]
     759.420
Application of ORS 759.400 to 759.455 to wholesale transactions regulated under
federal law. Nothing in ORS
759.400 to 759.455 is intended to affect, alter or in any way modify wholesale
transactions regulated by the federal Telecommunications Act of 1996 (Public
Law 104-104) as in effect on September 1, 1999, and regulations adopted thereunder.
[1999 c.1093 §26]
(Universal
Service Fund)
     759.425
Universal service fund; commission to establish price for basic telephone
service; universal service surcharge; application to cellular services. (1) The Public Utility Commission shall
establish and implement a competitively neutral and nondiscriminatory universal
service fund to ensure basic telephone service is available at a reasonable and
affordable rate. The Public Utility Commission may adopt rules to conform the
universal service fund to section 254 of the federal Telecommunications Act of
1996 (Public Law 104-104), and to related rules adopted by the Federal
Communications Commission, to the extent that the Public Utility Commission
determines is appropriate. The commission may delay implementation for rural
telecommunications carriers, as defined in the federal Act, for up to six
months after the date the Federal Communications Commission adopts a cost
methodology for rural carriers.
     (2)(a) The Public Utility Commission shall
establish the price a telecommunications utility may charge its customers for
basic telephone service. The commission in its discretion shall periodically
review and evaluate the status of telecommunications services in the state and
designate the services included in basic telephone service. The commission in
its discretion shall periodically review and adjust as necessary the price a
telecommunications utility may charge for basic telephone service.
     (b) The provisions of this subsection do
not apply to the basic telephone service provided by a telecommunications
utility described in ORS 759.040.
     (3)(a) The Public Utility Commission shall
establish a benchmark for basic telephone service as necessary for the
administration and distribution of the universal service fund. The universal
service fund shall provide explicit support to an eligible telecommunications
carrier that is equal to the difference between the cost of providing basic
telephone service and the benchmark, less any explicit compensation received by
the carrier from federal sources specifically targeted to recovery of local
loop costs and less any explicit support received by the carrier from a federal
universal service program.
     (b) The commission in its discretion shall
periodically review the benchmark and adjust it as necessary to reflect:
     (A) Changes in competition in the
telecommunications industry;
     (B) Changes in federal universal service
support; and
     (C) Other relevant factors as determined
by the commission.
     (c) Except for a telecommunications
utility described in ORS 759.040, the commission shall seek to limit the
difference between the price a telecommunications utility may charge for basic
telephone service and the benchmark.
     (4) Except as provided in subsections (6)
and (7) of this section, there is imposed on the sale of all retail
telecommunications services sold in this state a universal service surcharge.
Unless otherwise provided by the Public Utility Commission by rule, the
surcharge shall be a uniform percentage of the sale of retail
telecommunications services in an amount sufficient to support the purpose of
the universal service fund. The surcharge may be shown as a separate line item
by all telecommunications carriers using language prescribed by the commission.
A telecommunications carrier shall deposit amounts collected into the universal
service fund according to a schedule adopted by the commission.
     (5) The Public Utility Commission is
authorized to establish a universal service fund, separate and distinct from
the General Fund. The fund shall consist of all universal service surcharge
moneys collected by telecommunications carriers and paid into the fund. The
fund shall be used only for the purpose described in this section, and for
payment of expenses incurred by the commission or a third party appointed by
the commission to administer this section. All moneys in the fund are
continuously appropriated to the commission to carry out the provisions of this
section. Interest on moneys deposited in the fund shall accrue to the fund.
     (6) For purposes of this section, “retail
telecommunications service” does not include radio communications service,
radio paging service, commercial mobile radio service, personal communications
service or cellular communications service.
     (7)(a) Notwithstanding subsection (6) of
this section, a person who primarily provides radio communications service,
radio paging service, commercial mobile radio service, personal communications
service or cellular communications service may request designation as an
eligible telecommunications carrier by the Public Utility Commission for
purposes of participation in the universal service fund.
     (b) In the event a person who primarily
provides radio communications service, radio paging service, commercial mobile
radio service, personal communications service or cellular communications
service seeks designation as an eligible telecommunications carrier for
purposes of participation in the universal service fund, the person shall
provide written notice to the Public Utility Commission requesting designation
as an eligible telecommunications carrier within 60 days of the date the
commission establishes the fund. Upon receiving notice, the commission may
designate the person as an eligible telecommunications carrier for purposes of
participation in the fund.
     (c) A person who primarily provides radio
communications service, radio paging service, commercial mobile radio service,
personal communications service or cellular communications service who fails to
request designation as an eligible telecommunications carrier within 60 days of
the date the universal service fund is established by the Public Utility
Commission may not be designated as an eligible telecommunications carrier
unless the person has contributed to the fund for at least one year immediately
prior to requesting designation.
     (8) A pay telephone provider may apply to
the Public Utility Commission, on a form developed by the commission, for a
refund of the universal service surcharge imposed on the provider under
subsection (4) of this section for the provision of pay telephone service. [1999
c.1093 §28; 2001 c.966 §3; 2003 c.14 §§455,456; 2007 c.353 §1]
(Public
Purpose Funding)
     759.430
Approval of projects funded by carrierÂ’s Telecommunications Infrastructure
Account; Connecting
     (b) Under the policies and guidance of the
commission, the Economic and Community Development Department shall adopt rules
for the submission of project plans by telecommunications carriers and other
persons, including criteria for approval of such plans. The rules shall include
criteria to determine if the telecommunications carrier reasonably should be
expected to make the investment based on an economic analysis of the project.
Projects that are determined to meet the criteria but are not economically
self-supporting or would not be undertaken in the time frame proposed shall be
given priority over similar projects that would be economically self-supporting
or likely would be completed in the time frame proposed. The rules shall
provide for review of the economic benefits of the proposed plan to the
affected community and the potential for the proposed plan to leverage other
funding sources including but not limited to federal, state and private
sources.
     (c) The commission also shall approve
expenditures from the Public Access Account of the Connecting Oregon
Communities Fund established in ORS 759.445 (4).
     (2) There is established within the
Economic and Community Development Department the Connecting Oregon Communities
Advisory Board consisting of five members appointed by the commission. The
commission shall seek advice from the Governor prior to making an appointment
to the advisory board.
     (3) There shall be one member of the
advisory board from each of the following areas:
     (a) Eastern Oregon, including
     (b)
     (c)
     (d) Coastal
     (e) The
     (4) Employees of the Public Utility Commission,
employees of state or local government who are responsible for purchasing
telecommunications services or equipment and employees of a telecommunications
carrier may not be appointed to the advisory board.
     (5) The advisory board shall select one of
its members as chairperson and another of its members as vice chairperson, for
such terms and with duties and powers necessary for the performance of the
functions of those offices as the board determines.
     (6) The purpose of the advisory board is
to review and make recommendations to the Oregon Economic and Community
Development Commission for approval of and modifications to projects funded by
a telecommunications carrierÂ’s Telecommunications Infrastructure Account under
this section and ORS 759.405. The advisory board shall seek advice and comment
on plans submitted by a telecommunications carrier from affected local
communities including but not limited to local governments, citizens and
businesses. The advisory board also shall seek advice and comment from state
and federal agencies when appropriate to ensure that investments will maximize
statewide public benefits and are consistent with the needs and desires of the
local communities. The advisory board shall consider the needs of and impact on
education, health care, economic development and the delivery of state and
local governmental services when evaluating a plan.
     (7) The advisory board also shall review
proposals submitted to the commission under ORS 759.445 (5) and make
recommendations to the commission regarding approval, modification or denial of
the proposals.
     (8) The advisory board shall make an
annual report to the Joint Legislative Committee on Information Management and
Technology on the plans and activities funded under ORS 759.405 and 759.445
(5).
     (9)(a) Reasonable expenses incurred by the
members of the advisory board in the performance of their duties, costs of the
Economic and Community Development Department directly related to providing
staff to the advisory board and costs to the department for providing technical
assistance to local communities shall be paid out of the Telecommunications
Infrastructure Accounts created under ORS 759.405.
     (b) Following the transfer of funds
required under ORS 759.405 (2) and (3), a telecommunications carrier that
elects to be subject to regulation under ORS 759.405 and 759.410 shall transfer
from the remaining funds in its Telecommunications Infrastructure Account the
following amounts to the Economic and Community Development Department to be used
for the payment of expenses described in paragraph (a) of this subsection:
     (A) $575,000 in 2000;
     (B) $325,000 in 2001;
     (C) $325,000 in 2002; and
     (D) $325,000 in 2003.
     (c) If more than one telecommunications
carrier elects to be subject to regulation under ORS 759.405 and 759.410, the
funding requirements described in paragraph (b) of this subsection shall be
distributed pro rata among the electing carriers. [1999 c.1093 §31]
     759.435
Assessment of telecommunications infrastructure and community needs; contents;
report. (1) The Economic and
Community Development Department, in collaboration with affected
telecommunications carriers, the Connecting Oregon Communities Advisory Board,
representatives of local communities and other members of the public interested
in improved telecommunications services, shall conduct an assessment of
telecommunications infrastructure and community telecommunications needs in
local communities and across the various regions of this state. The assessment
shall include:
     (a) The type of telecommunications
services and technology, including infrastructure, already deployed within
communities and regions;
     (b) The type of telecommunications
technology and services desired by communities within regions;
     (c) The competitiveness of the local
telecommunications market, including a list of all telecommunications carriers
and Internet service providers;
     (d) The economic significance of desired
telecommunications investments;
     (e) Community and regional priority lists
for telecommunications infrastructure and service investments;
     (f) The ability of qualified public and
nonprofit users within the community or region to aggregate demand for
telecommunications services and the benefits of such aggregation;
     (g) The estimated costs and implementation
schedule of desired or proposed telecommunications investments;
     (h) An analysis of state, federal,
nonprofit and private sources of funding for the proposed improvements;
     (i) The ability of the investment to be
self-supporting; and
     (j) The ability of a community or region
to make the investments necessary to connect to the Oregon Enterprise Network,
and the local and statewide benefits of such investments.
     (2)(a) To the maximum extent practicable,
the assessment shall recognize and include existing state, regional and local
plans and information. The department may use its own staff or may contract
with third parties to conduct the assessment.
     (b) A copy of the assessment shall be
submitted to the Oregon Economic and Community Development Commission and to
the Joint Legislative Committee on Information Management and Technology. The
commission shall consider the information contained in the report when adopting
or amending the rules required under ORS 759.430 (1).
     (3) The commission shall not approve plans
under ORS 759.430 (1) until the commission has received the assessment required
under this section. The department shall report to the Joint Legislative
Committee on Information Management and Technology on implementation of ORS
759.430 to 759.445 prior to the approval of project plans under ORS 759.430
(1). [1999 c.1093 §32]
     759.440
Additional funding for evaluating project plans. The Economic and Community Development
Department may request approval from the Emergency Board for the transfer of
additional funds from a telecommunications carrierÂ’s Telecommunications
Infrastructure Account created under ORS 759.405 for the purpose of providing
technical assistance to the department and the Oregon Economic and Community
Development Commission in evaluating project plans submitted under ORS 759.430.
If the request is approved, the commission by order may direct the transfer of
funds from a telecommunications carrierÂ’s Telecommunications Infrastructure
Account to the Economic and Community Development Department. The department
may not request and the Emergency Board shall not approve a request or requests
in excess of $100,000 per year. [1999 c.1093 §32a]
     759.445
Connecting
     (2) Two dedicated accounts shall be
established within the Connecting Oregon Communities Fund for purposes of
supporting education and public access to advanced telecommunications services.
The first $25 million of the moneys deposited in the Connecting Oregon
Communities Fund in both 2000 and 2001 shall be appropriated to the School
Technology Account established under subsection (3) of this section. Except as
provided in subsection (8) of this section, any additional moneys available in
the fund shall be appropriated to the Public Access Account established under
subsection (4) of this section.
     (3) There is established the School
Technology Account within the Connecting Oregon Communities Fund. The purpose
of the School Technology Account is to improve access to advanced
telecommunications services for students attending public school in
kindergarten through grade 12. Moneys in the account shall be expended as
provided in section 34, chapter 1093,
     (4)(a) There is established the Public
Access Account within the Connecting Oregon Communities Fund. The purpose of
the Public Access Account is to improve access to advanced telecommunications
services for community colleges, universities, public libraries and rural
health care providers.
     (b) If funding has not been provided from
other sources, the first $3 million available in the Public Access Account
shall be transferred to the Department of Higher Education for the purpose of
funding the Oregon Wide Area Network project to provide and expand Internet
access for the Oregon University System. The Department of Higher Education
shall complete an audit of bandwidth utilization and report to the Joint
Legislative Committee on Information Management and Technology during the
Seventy-first Legislative Assembly in the manner provided in ORS 192.245.
     (c) Following the transfer of funds
described in paragraph (b) of this subsection, the next $1 million available in
the Public Access Account shall be transferred to the Department of Higher
Education for
     (d) Following the transfer of funds as
described in paragraphs (b) and (c) of this subsection, the next $2 million
available in the Public Access Account shall be transferred to the Department
of Community Colleges and Workforce Development for distribution to community
colleges for the purpose of developing connectivity and distance education
programs.
     (e) Following the transfer of funds
described in paragraphs (b) to (d) of this subsection, the next $4 million
available in the Public Access Account shall be transferred to the Department
of Higher Education for video transport and network management services for the
Oregon University System.
     (f) Following the transfer of funds
described in paragraphs (b) to (e) of this subsection, the next $5.5 million
available in the Public Access Account shall be transferred to the Oregon
Public Broadcasting Corporation for the purpose of digitizing the state
television network, using the Oregon Enterprise Network when possible.
     (g) Following the transfer of funds
described in paragraphs (b) to (f) of this subsection, the next $500,000
available in the Public Access Account shall be transferred to the Southern
Oregon Public Television Corporation for the purpose of digitizing the state
television network, using the Oregon Enterprise Network when possible.
     (h) Following the transfer of funds
described in paragraphs (b) to (g) of this subsection, a state institution of
higher education, including the Oregon Health and Science University, may apply
for one-time matching funds up to $1 million from the Public Access Account to
endow a telecommunications chair for the purpose of increasing research and
development of advanced telecommunications services applications. Only one chair
may be endowed under this paragraph.
     (5)(a) The Oregon Economic and Community
Development Commission shall approve expenditure of any remaining moneys in the
Public Access Account consistent with this section and ORS 759.430.
     (b) Community colleges, state institutions
of higher education, public libraries, public television corporations and rural
health care providers may apply to the Oregon Economic and Community
Development Commission for funding from the Public Access Account under this
subsection.
     (c) Funds received from the account shall
be used for the purchase of advanced telecommunications services, equipment or
recurring costs of telecommunications connectivity. Priority shall be given to
collaborative projects that improve access to advanced telecommunications
services.
     (d) Funds available in the Public Access
Account under this subsection are continuously appropriated to the Economic and
Community Development Department for the purposes described in this subsection.
     (6) Public libraries and rural health care
providers must apply for federal universal service support in order to be
eligible for a grant from the Public Access Account.
     (7) The video transport and network
management services purchased with funds made available under this section
shall be purchased through the Oregon Department of Administrative Services.
     (8) Any moneys deposited in the Connecting
Oregon Communities Fund under subsection (1) of this section pursuant to a
performance assurance plan implemented by a telecommunications carrier in
connection with an application under 47 U.S.C. 271, as in effect on January 1,
2002, shall be placed in the School Technology Account to be expended as
provided in section 34, chapter 1093, Oregon Laws 1999. [1999 c.1093 §33; 2001
c.966 §7]
     Note: Sections 34 and 37, chapter 1093, Oregon
Laws 1999, provide:
     Sec.
34. (1) In addition to and
not in lieu of any other transfer or appropriation, for the calendar year
beginning January 1, 2000, there is transferred to the Department of Education from
the School Technology Account the sum of $9,600 for each eligible school
facility as defined in section 35 (1), chapter 1093, Oregon Laws 1999, which
shall be expended for the purpose of providing a local area network and
associated equipment to public school facilities pursuant to section 35,
chapter 1093, Oregon Laws 1999.
     (2) In addition to and not in lieu of any
other transfer or appropriation, there is transferred to the Department of
Education from the School Technology Account, to be distributed to the Oregon
Association of Education Service Districts for the Oregon Public Education
Network, for:
     (a) The recurring costs of Internet
bandwidth:
     (A) $500,000 for the calendar year
beginning January 1, 2000; and
     (B) $1 million for the calendar year
beginning January 1, 2001.
     (b) The purchase of telecommunications
equipment:
     (A) $250,000 for the calendar year
beginning January 1, 2000; and
     (B) $250,000 for the calendar year
beginning January 1, 2001.
     (c) The purpose of an online film and
video server pilot project to digitize and electronically distribute video
content, $250,000 for the calendar year beginning January 1, 2000.
     (3) In addition to and not in lieu of any
other transfer or appropriation, for the calendar years beginning January 1, 2000,
and January 1, 2001, there is transferred to the Department of Education from
the School Technology Account the sum of $5,400 for each eligible school
facility as defined in section 36 (1), chapter 1093, Oregon Laws 1999, for the
purpose of distribution to school districts and education service districts
pursuant to section 36, chapter 1093, Oregon Laws 1999, for the recurring costs
of telecommunications connectivity.
     (4)(a) In addition to and not in lieu of
any other transfer or appropriation, there is transferred to the Department of
Education from the School Technology Account for the purpose of purchasing a
two-way interactive distance education system for each public high school and
education service district:
     (A) $3,050,000 for the calendar year
beginning January 1, 2000; and
     (B) $3,050,000 for the calendar year
beginning January 1, 2001.
     (b) The Department of Education, in
consultation with the Oregon Department of Administrative Services, shall
develop an implementation plan for this subsection. The implementation plan
shall include an implementation timeline and requirements for each public high
school and education service district that receives a two-way interactive
distance education system under this subsection. The Department of Education
shall ensure that a distance education system purchased by the Department of
Education meets State of
     (5)(a) In addition to and not in lieu of
any other transfer or appropriation, there is transferred to the Department of
Education from the School Technology Account for the purpose of paying the
recurring costs of telecommunications connectivity and video services
associated with the two-way interactive distance education systems purchased
with funds transferred under this section:
     (A) $550,000 for the calendar year
beginning January 1, 2000; and
     (B) $550,000 for the calendar year
beginning January 1, 2001.
     (b) Any telecommunications or video
services purchased by the Department of Education with funds transferred under
this subsection shall be purchased from the Oregon Department of Administrative
Services as long as such services are available through the Oregon Department
of Administrative Services at a comparable level and comparable cost as can be
obtained elsewhere. Purchase of services and technology from the Oregon
Department of Administrative Services shall be through the Oregon Enterprise
Network provided the Oregon Enterprise Network can provide the services and
technology at a cost equal to or less than the price for the same or similar
services and technology from other contracts or programs of the Oregon
Department of Administrative Services. The Department of Education shall ensure
that telecommunications and video services purchased by the Department of
Education meet State of
     (c) Upon request of the North Central,
Malheur, Jackson or Northwest Region education service district, the Department
of Education may waive the requirements of paragraph (b) of this subsection
until such time as the district changes its systems to use the services
available through the Oregon Department of Administrative Services, as
determined by the implementation plan established under subsection (4)(b) of
this section.
     (d) Upon request of a school district or
education service district, the Oregon Department of Administrative Services
may waive the requirements of paragraph (b) of this subsection if a state
contract is not available for use by the district.
     (6)(a) In addition to and not in lieu of
any other transfer or appropriation, there is transferred to the Oregon
Department of Administrative Services from the School Technology Account for
the purchase of hub equipment necessary to support public school needs for
two-way interactive video system bridging and other services:
     (A) $700,000 for the calendar year
beginning January 1, 2000; and
     (B) $700,000 for the calendar year
beginning January 1, 2001.
     (b) The Oregon Department of
Administrative Services shall reduce rates paid by school districts and
education service districts to the department for video services by the amount
transferred under this subsection.
     (7) In addition to and not in lieu of any
other transfer or appropriation, there is transferred to the Department of
Education any amounts remaining in the account after the transfers described in
subsections (1) to (6) of this section are made, which shall be distributed to
school districts pursuant to section 37, chapter 1093, Oregon Laws 1999.
     (8) Amounts described in this section
shall be transferred each year only when sufficient funds are available in the
School Technology Account. [1999 c.1093 §34; 2001 c.966 §8]
     Sec.
37. (1) As used in this
section:
     (a) “ADMw” means the weighted average
daily membership of the school district for the prior fiscal year as calculated
under ORS 327.013.
     (b) “Statewide ADMw” means the total ADMw
of all school districts for the prior fiscal year as calculated under ORS
327.013.
     (2) The Department of Education shall
distribute grants from amounts transferred under section 34 (7), chapter 1093,
Oregon Laws 1999, to school districts.
     (3) Except as provided in subsection (4)
of this section, a school districtÂ’s grant under this section = the school
district’s ADMw ´ (the total amount transferred to the department for the grants under
section 34 (7), chapter 1093,
     (4) A school district’s grant under this
section shall not be less than $25,000.
     (5) A school district that receives grant
funds under this section shall use those funds to support telecommunications
connectivity including:
     (a) Building wiring and electrical power
requirements;
     (b) Servers, hubs and routers;
     (c) Network design and installation;
     (d) Video distance education equipment;
     (e) Technology support staff salaries; and
     (f) Other costs necessary to support
telecommunications connectivity.
     (6) A school district may not use grant
funds received under this section for payment of debt service on bonds.
     (7) The State Board of Education may adopt
any rules necessary for the administration of this section. [1999 c.1093 §37;
2001 c.966 §9]
SERVICE
QUALITY STANDARDS AND PROHIBITED ACTS
     759.450
Minimum service quality standards; rules; customer impact indices; factors;
wholesale services; improvement plan; penalties; exceptions. (1) It is the intent of the Legislative
Assembly that every telecommunications carrier and those telecommunications
utilities and competitive telecommunications providers that provide wholesale
services meet minimum service quality standards on a nondiscriminatory basis.
     (2) The Public Utility Commission shall
determine minimum service quality standards that relate to the provision of
retail telecommunications services to ensure safe and adequate service. Except
as provided in subsections (8) and (9) of this section, minimum service quality
standards adopted under this section shall apply to all telecommunications
carriers. The commission by rule shall review and revise the minimum service
quality standards as necessary to ensure safe and adequate retail
telecommunications services.
     (3) The minimum service quality standards
for providing retail telecommunications services adopted by the commission
shall relate directly to specific customer impact indices including but not
limited to held orders, trouble reports, repair intervals and carrier inquiry
response times. In adopting minimum service quality standards, the commission
shall, for each standard adopted, consider the following:
     (a) General industry practice and
achievement;
     (b) National data for similar standards;
     (c) Normal operating conditions;
     (d) The historic purpose for which the
telecommunications network was constructed;
     (e) Technological improvements and trends;
and
     (f) Other factors as determined by the
commission.
     (4) Consistent with the federal
Telecommunications Act of 1996 (Public Law 104-104), as amended and in effect
on September 1, 1999, the commission may establish minimum service quality
standards related to providing wholesale, interconnection, transport and
termination services provided by a telecommunications carrier and those
telecommunications utilities and competitive telecommunications providers that
provide wholesale telecommunications services.
     (5) The commission shall require a
telecommunications carrier, telecommunications utility or competitive
telecommunications provider that is not meeting the minimum service quality
standards to submit a plan for improving performance to meet the standards. The
commission shall review and approve or disapprove the plan. If the carrier,
utility or provider does not meet the goals of its improvement plan within six
months or if the plan is disapproved by the commission, penalties may be
assessed against the carrier, utility or provider on the basis of the carrierÂ’s,
utilityÂ’s or providerÂ’s service quality measured against the minimum service
quality standards and, if assessed, shall be assessed according to the
provisions of ORS 759.990.
     (6) Prior to commencing an action under
this section and ORS 759.990, the commission shall allow a telecommunications
carrier, telecommunications utility or competitive telecommunications provider
an opportunity to demonstrate that a violation of a minimum service quality
standard is the result of the failure of a person providing telecommunications
interconnection service to meet the personÂ’s interconnection obligations.
     (7) Total annual penalties imposed on a
telecommunications utility under this section shall not exceed two percent of
the utilityÂ’s gross intrastate revenue from the sale of telecommunications
services for the calendar year preceding the year in which the penalties are
assessed. Total annual penalties imposed on a competitive telecommunications
provider under this section shall not exceed two percent of the providerÂ’s
gross revenue from the sale of telecommunications services in this state for
the calendar year preceding the year in which the penalties are imposed.
     (8) The provisions of this section do not
apply to:
     (a) Radio communications service, radio
paging service, commercial mobile radio service, personal communications
service or cellular communications service; or
     (b) A cooperative corporation organized
under ORS chapter 62 that provides telecommunications services.
     (9) Telecommunications utilities and
groups of affiliated telecommunications utilities that serve fewer than 50,000
access lines in
     759.455
Prohibited acts; commission action on allegation of violation; penalties; judicial
review. (1) Unless exempt
from compliance under section 251(f) of the federal Telecommunications Act of
1996 (47 U.S.C. 251(f)), a telecommunications utility shall not:
     (a) Discriminate against another provider
of retail telecommunications services by unreasonably refusing or delaying
access to the telecommunications utilityÂ’s local exchange services.
     (b) Discriminate against another provider
of retail telecommunications services by providing access to required
facilities on terms or conditions less favorable than those the
telecommunications utility provides to itself and its affiliates. A
telecommunications facility, feature or function is a required facility if:
     (A) Access to a proprietary facility,
feature or function is necessary; and
     (B) Failure to provide access to the
facility, feature or function would impair a telecommunications carrier seeking
access from providing the services the carrier is seeking to provide.
     (c) Unreasonably degrade or impair the
speed, quality or efficiency of access or any other service, product or
facility provided to another provider of telecommunications services.
     (d) Fail to disclose in a timely and
uniform manner, upon reasonable request and pursuant to a protective agreement
concerning proprietary information, all information reasonably necessary for
the design of network interface equipment, services or software that will meet
the specifications of the telecommunications utilityÂ’s local exchange network.
     (e) Unreasonably refuse or delay
interconnections or provide inferior interconnections to another provider of
telecommunications services.
     (f) Use basic exchange services rates,
directly or indirectly, to subsidize or offset the cost of other products or
services offered by the telecommunications utility.
     (g) Discriminate in favor of itself or an
affiliate in the provision and pricing of, or extension of credit for, any
telephone service.
     (h) Fail to provide a service, product or
facility in accordance with applicable contracts, and tariffs and rules of the
Public Utility Commission.
     (i) Impose unreasonable or discriminatory
restrictions on network elements or the resale of its services, except that:
     (A) The telecommunications utility may
require that residential service not be resold as a different class of service;
and
     (B) The commission may prohibit the resale
of services the commission has approved for provision to a not-for-profit
entity at rates below those offered to the general public.
     (j) Provide telephone service to a person
acting as a telecommunications provider if the commission has ordered the
telecommunications utility to discontinue telephone service to the person.
     (2) A complaint alleging a violation of
subsection (1) of this section shall be heard by the Public Utility Commission
or, at the commissionÂ’s discretion, by an Administrative Law Judge designated
by the commission. A hearing under this subsection shall be conducted in an
expedited manner consistent with the following:
     (a) The complaint shall be served upon the
telecommunications carrier and filed with the commission.
     (b) An answer or other responsive pleading
to the complaint shall be filed with the commission not more than 10 days after
receipt of the complaint. Copies of the answer or responsive pleading shall be
served upon the complainant and upon the commission.
     (c) A prehearing conference shall be held
not later than 15 days after the complaint is filed. Hearing on the complaint
shall commence not later than 30 days after the complaint is filed. Within 45
days after the complaint is filed, the commission shall either prepare a final
decision or approve as final the decision of the Administrative Law Judge. The
final decision shall be issued as an order of the commission in the manner
provided under ORS 756.558.
     (3) If the commission or Administrative
Law Judge finds that a violation of this section has occurred, the commission
shall, within five business days, order the telecommunications utility to
remedy the violation within a specified period of time. The commission may
prescribe specific action to be taken by the utility, including but not limited
to submitting a plan for preventing future violations. If the violation
continues beyond the time period specified in the commissionÂ’s order, the
commission on its own motion or upon the motion of an interested party may seek
penalties as provided in ORS 759.990 or otherwise may seek enforcement under
ORS 756.160 or 756.180, or both.
     (4) Total annual penalties imposed on a
telecommunications utility under this section and ORS 759.450 shall not exceed
two percent of the utilityÂ’s gross intrastate revenue from the sale of
telecommunications services for the year preceding the year in which the
violation occurred.
     (5) An order of the commission under this
section is subject to judicial review as an order in a contested case in the
manner provided by ORS 756.610.
     (6) The Court of Appeals shall give
proceedings under this section priority over all other matters before the
court. [1999 c.1093 §38; 2005 c.638 §17]
ALLOCATION OF
TERRITORIES
(Generally)
     759.500
Definitions for ORS 759.500 to 759.570. As used in ORS 759.500 to 759.570, unless the context requires
otherwise:
     (1) “Allocated territory” means a
geographic area for which the Public Utility Commission has allocated to no
more than one person the authority to provide local exchange telecommunications
service, the boundaries of which are set forth on an exchange map filed with
and approved by the commission.
     (2) “Person” includes:
     (a) An individual, firm, partnership,
corporation, association, cooperative or municipality; or
     (b) The agent, lessee, trustee or referee
of an individual or entity listed in paragraph (a) of this subsection.
     (3) “Local exchange telecommunications
service” has the meaning given that term in ORS 759.005, except that “local
exchange telecommunications service” does not include service provided through
or by the use of any equipment, plant or facilities:
     (a) For the provision of
telecommunications services that pass through or over but are not used to
provide service in or do not terminate in an area allocated to another person
providing a similar telecommunications service;
     (b) For the provision of local exchange
telecommunications service, as defined in ORS 759.005, commonly known as “private
lines” or “farmer lines”; or
     (c) For the provision of shared
telecommunications service. [1987 c.447 §53; 2005 c.232 §24; 2007 c.825 §2]
     759.505 [1987 c.447 §54; repealed by 2005 c.232 §32]
     759.506
Purpose of allocated territory laws. (1) The purpose of establishing allocated territories under ORS
759.500 to 759.570 is to ensure that telecommunications utilities, cooperative
corporations and municipalities certified by the Public Utility Commission to
provide local exchange telecommunications service:
     (a) Provide adequate and safe service to
the customers of this state; and
     (b) Serve all customers in an adequate and
nondiscriminatory manner.
     (2) The obligations described in this
section may be referenced as carrier of last resort obligations. [2005 c.232 §26]
     759.510 [1987 c.447 §55; repealed by 2005 c.232 §32]
     759.515 [1987 c.447 §56; repealed by 2005 c.232 §32]
     759.520 [1987 c.447 §57; repealed by 2005 c.232 §32]
     759.525 [1987 c.447 §58; 2005 c.22 §509; repealed by
2005 c.232 §32]
     759.530 [1987 c.447 §59; repealed by 2005 c.232 §32]
     759.535
Application to serve unserved territory; hearing; notice. (1) A telecommunications utility,
cooperative corporation or municipality that desires to provide local exchange
telecommunications service in a territory that is not served by another person
providing a similar local exchange telecommunications service may apply to the
Public Utility Commission for an order allocating the territory to the
applicant. The application shall include an exchange map that shows the
unserved territory that the applicant is requesting to serve.
     (2) The commission shall within 30 days
after the filing of the application give notice of the filing. If the
commission chooses, or if a customer requests a hearing on the matter within 30
days of the notice, the commission shall hold a hearing by telephone or in
person. The commission shall give notice of the hearing within 30 days of the
request. The notice shall set the date and place of hearing. The hearing shall
be held at a place within or conveniently accessible to the territory covered
by the application. Notice of the filing shall be by publication in a newspaper
or newspapers of general circulation in the territory covered by the
application and shall be published at least once weekly for two successive
weeks. Written notice of the filing shall be given to providers of similar
local exchange telecommunications service in adjacent territory. [1987 c.447 §60;
2005 c.232 §28]
     759.540 [1987 c.447 §61; repealed by 2005 c.232 §32]
     759.545 [1987 c.447 §62; repealed by 2005 c.232 §32]
     759.550 [1987 c.447 §63; repealed by 2005 c.232 §32]
     759.555 [1987 c.447 §64; repealed by 2005 c.232 §32]
     759.560
Assignment or transfer of allocated territory. (1) The rights acquired by an allocation of
territory may only be assigned or transferred with the approval of the Public
Utility Commission after a finding that the assignment or transfer is not
contrary to the public interest.
     (2) The commission may approve a transfer
of territory previously allocated only upon receipt of an application for
allocation that is jointly filed by the transferor and the transferee. The
application shall include exchange maps that show how the applicants want the
commission to allocate the territory. The commission shall enter an order
either approving or disapproving the application as filed, or as amended,
together with findings of fact supporting the order.
     (3)(a) An order approving an allocation of
territory may not be construed to confer any property right.
     (b) Notwithstanding paragraph (a) of this
subsection, upon the death of an individual to whom territory was allocated or
who was an applicant under an approved order, the executor or administrator of
the estate of the individual shall continue the operation of local exchange
telecommunications service for the purpose of transferring territorial
allocation rights. The executor or administrator shall continue the operation
for a period not to exceed two years from the date of death.
     (4) In the event the property of a person
serving an allocated territory is condemned, no value shall be claimed or
awarded by reason of the contract or order making the allocation.
     (5) The commission may by rule establish
requirements for notice to affected persons of the assignment or transfer of
allocated territory. [1987 c.447 §65; 2005 c.232 §29]
     759.565
Injunction against unauthorized provision of service. In the event an allocated territory is
served by a person that is not authorized by the Public Utility Commission to
provide local exchange telecommunications service in the territory, an
aggrieved person or the commission may file an action in the circuit court for
any county in which is located some or all of the allocated territory allegedly
involved in the unauthorized provision of service, for an injunction against
the alleged unauthorized provision of service. The trial of the action shall
proceed as in an action not triable by right to a jury. Any party may appeal to
the Court of Appeals from the circuit courtÂ’s judgment, as in other equity
cases. The remedy provided in this section shall be in addition to any other
remedy provided by law. [1987 c.447 §66; 2003 c.576 §562; 2005 c.232 §30]
     759.570
Application of law to local government. (1) ORS 759.500 to 759.570 may not be construed or applied to restrict
the powers granted to cities to issue franchises or to restrict the exercise of
the power of condemnation by a municipality. If a municipality condemns or
otherwise acquires equipment, plant or facilities from another person for
rendering local exchange telecommunications service, the municipality acquires
all of the rights of the person whose property is condemned to serve the
territory served by the acquired properties.
     (2) ORS 759.500 to 759.570 may not be
construed to restrict the right of a municipality to provide local exchange
telecommunications service for street lights, fire alarm systems, airports,
buildings and other municipal installations regardless of their location.
     (3) ORS 759.500 to 759.570 may not be
construed to confer upon the Public Utility Commission any regulatory authority
over rates, service or financing of cooperatives or municipalities. [1987 c.447
§67; 2005 c.232 §31]
     759.575 [1987 c.447 §68; repealed by 1993 c.204 §5]
(Unserved
Territory)
     759.580
Power of commission to require service to unserved territory. The Public Utility Commission has power to
require any telecommunications utility, after a public hearing of all parties
interested, to extend its line, plant or system into, and to render service to,
a locality not already served when the existing public convenience and
necessity requires such extension and service. However, no such extension of
service shall be required until the telecommunications utility has been granted
such reasonable franchises as may be necessary for the extension of service and
unless the conditions are such as to reasonably justify the necessary
investment by the telecommunications utility in extending its line, plant or
system into such locality and furnishing such service. [1987 c.447 §4]
     759.585
Definitions for ORS 759.585 to 759.595. As used in ORS 759.585 to 759.595, “unserved person” means a person:
     (1) Who does not have local exchange
telecommunications service;
     (2) Who is applying for residential
service or business service with five or fewer lines; and
     (3) Who, for the initiation of such
service, would be required to pay line extension charges. [1989 c.574 §2; 1991
c.307 §1]
     759.590
Application for service by unserved person; rules. (1) An unserved person may file an
application with the Public Utility Commission for an order directing another
telecommunications utility to provide local exchange service to the unserved
person.
     (2) The commission shall adopt rules which
prescribe the form of an application filed under subsection (1) of this section
and which provide for reasonable notice and opportunity for hearing to all
telecommunications utilities affected by an application. [1989 c.574 §3; 1991
c.307 §2]
     759.595
Criteria for granting application for service; effect on other territorial
allocation. (1) The Public
Utility Commission shall grant an application filed under ORS 759.590 if the
commission finds that:
     (a) The telecommunications utility in
whose territory the unserved person is located has declined to serve without
line extension charges;
     (b) Another telecommunications utility has
agreed to provide local exchange telecommunications service to the unserved
person with no line extension charge or with line extension charges lower than
those offered by the telecommunications utility in whose territory the unserved
person is located; and
     (c) Approval of the application is not
contrary to the public interest.
     (2) Any order of the commission issued
under subsection (1) of this section shall not have the effect of changing any
territory allocated under ORS 758.400 to 758.475 that is being provided with
local exchange telecommunications service. [1989 c.574 §4; 1991 c.307 §3]
     759.600 [1989 c.574 §5; repealed by 1991 c.307 §4]
ATTACHMENT
REGULATION
     759.650
Definitions for ORS 759.650 to 759.675. As used in ORS 759.650 to 759.675, unless the context requires
otherwise:
     (1) “Attachment” means any wire or cable
for the transmission of intelligence by telegraph, telephone or television
(including cable television), light waves or other phenomena, or for the
transmission of electricity for light, heat or power, and any related device,
apparatus or auxiliary equipment, installed upon any pole or in any telegraph,
telephone, electrical, cable television or communications right of way, duct,
conduit, manhole or handhole or other similar facility or facilities owned or
controlled, in whole or in part, by one or more public utility,
telecommunications utility or peopleÂ’s utility district.
     (2) “Licensee” means any person, firm,
corporation, partnership, company, association, joint stock association or
cooperatively organized association which is authorized to construct
attachments upon, along, under or across the public ways.
     (3) “People’s utility district” means any
concern providing electricity organized pursuant to ORS 261.010 and includes
any entity cooperatively organized or owned by federal, state or local
government or a subdivision of state or local government.
     (4) “Public utility” has the meaning for
that term provided in ORS 757.005, and does not include any entity
cooperatively organized or owned by federal, state or local government or a
subdivision of state or local government.
     (5) “Telecommunications utility” means any
telecommunications utility as defined in ORS 759.005 and does not include any
entity cooperatively organized or owned by federal, state or local government,
or a subdivision of state or local government. [1987 c.447 §22; 1989 c.5 §18]
     759.655
Authority of commission to regulate attachments. The Public Utility Commission of Oregon
shall have the authority to regulate in the public interest the rates, terms
and conditions for attachments by licensees to poles or other facilities of
telecommunications utilities. All rates, terms and conditions made, demanded or
received by any telecommunications utility for any attachment by a licensee
shall be just, fair and reasonable. [1987 c.447 §23]
     759.660
Fixing charges or rates; criteria; costs of hearing. (1) Whenever the Public Utility Commission
of Oregon finds, after hearing had upon complaint by a licensee or peopleÂ’s
utility district or a telecommunications utility that the rates, terms or
conditions demanded, exacted, charged or collected in connection with
attachments or availability of surplus space for such attachments are unjust or
unreasonable, or that such rates or charges are insufficient to yield a
reasonable compensation for the attachment and the costs of administering the
same, the commission shall determine the just and reasonable rates, terms and
conditions thereafter to be observed and in force and shall fix the same by
order. In determining and fixing such rates, terms and conditions, the
commission shall consider the interest of the customers of the licensee, as
well as the interest of the customers of the telecommunications utility or
peopleÂ’s utility district which owns the facility upon which the attachment is
made.
     (2) When the order applies to a people’s
utility district, the order also shall provide for payment by the parties of
the cost of the hearing. The payment shall be made in a manner which the
commission considers equitable. [1987 c.414 §166d; 1987 c.447 §24; 1989 c.5 §19]
     759.665
Considerations in determining just and reasonable rate. A just and reasonable rate shall assure the
telecommunications utility or peopleÂ’s utility district the recovery from the
licensee of not less than all the additional costs of providing and maintaining
pole attachment space for the licensee nor more than the actual capital and
operating expenses, including just compensation, of the telecommunications
utility or peopleÂ’s utility district attributable to that portion of the pole,
duct or conduit used for the pole attachment, including a share of the required
support and clearance space in proportion to the space used for pole attachment
above minimum attachment grade level, as compared to all other uses made of the
subject facilities and uses which remain available to the owner or owners of
the subject facilities. [1987 c.447 §25]
     759.670
Presumption of reasonableness of rates set by agreement. Agreements regarding rates, terms and
conditions of attachments shall be deemed to be just, fair and reasonable
unless the Public Utility Commission finds upon complaint by a
telecommunications utility, peopleÂ’s utility district or licensee party to such
agreement and after hearing, that such rates, terms and conditions are adverse
to the public interest and fail to comply with the provisions hereof. [1987
c.447 §26; 1989 c.5 §20]
     759.675
Regulatory procedure. The
procedures of the Public Utility Commission for petition, regulation and
enforcement relative to attachments, including any rights of appeal from any
decision thereof, shall be the same as those applicable to the commission. [1987
c.447 §27; 1989 c.5 §21]
OPERATOR
SERVICE PROVIDERS
     759.690
Operator service provider duties to service users; rules. (1) As used in this section:
     (a) “Call aggregator” means a person who
furnishes a telephone for use by the public, including but not limited to
hotels, hospitals, colleges, airports, public pay station owners and pay
station agents.
     (b) “Contract” means an agreement between
an operator service provider and a call aggregator to automatically connect
users of telephones to the operator service provider when certain
operator-assisted long distance calls are made.
     (c) “Operator service” includes but is not
limited to billing or completion of third-number, person-to-person, collect or
credit card calls.
     (d) “Operator service provider” means a
person who furnishes operator service under contract with a call aggregator.
     (2) Each operator service provider shall:
     (a) Notify all callers at the beginning of
the call of the providerÂ’s name.
     (b) Disclose rate and service information
to the caller when requested.
     (c) Maintain a current list of emergency
numbers for each service territory it serves.
     (d) Transfer an emergency call to the
appropriate emergency number when requested.
     (e) Transfer a call to, or instruct the
caller how to reach, the originating local exchange companyÂ’s operator service
upon request of the caller, free of charge.
     (f) Not transfer a call to another
operator service provider without the callerÂ’s notification and consent.
     (g) Not bill or collect for calls not
completed to the callerÂ’s destination. Where technical limitations of the
network prevent the identification of incomplete calls, each operator service
provider shall issue credits for such calls upon the request of the caller.
     (3) Each call aggregator who has a
contract with an operator service provider shall post in the immediate vicinity
of each telephone available to the public the name of the operator service
provider, a toll-free customer service number, a statement that rate quotes are
available upon request and instructions on how the caller may access other
operator service providers.
     (4) Neither the operator service provider
nor the call aggregator shall block or prevent a telephone userÂ’s access to the
userÂ’s operator service provider of choice. In order to prevent fraudulent use
of its services, an operator service provider or a call aggregator may block
access if the provider obtains a waiver for such purpose from the Public
Utility Commission.
     (5) The provisions of this section shall
be carried out in such manner as the commission, by rule, may prescribe. [1989
c.623 §2]
RESIDENTIAL
SERVICE PROTECTION
     Note: Sections 2 to 8 and 16, chapter 290, Oregon
Laws 1987, provide:
     Sec.
2. The Legislative Assembly
declares that it is the policy of this state to assure that adequate,
affordable residential telecommunication service is available to all citizens
of this state. [1987 c.290 §2]
     Sec.
3. In carrying out the
provisions of section 2 of this 1987 Act, the Public Utility Commission may
require telecommunications public utilities to assure that time payment plans
for deposits and installation charges or such other options as may be
appropriate for a particular telecommunications public utility are made
available. [1987 c.290 §3]
     Sec.
4. In carrying out the
provisions of section 2 of this 1987 Act the Public Utility Commission may:
     (1) Notwithstanding ORS 757.310, approve a
different rate for local exchange residential telecommunication service for low
income customers than the rate charged to other residential customers. However,
any such rate is subject to all other provisions of this chapter.
     (2) Establish plans, or require
telecommunications public utilities to establish plans, to educate customers
regarding the options available for obtaining telecommunication services. [1987
c.290 §4]
     Sec.
5. (1) In carrying out the
provisions of section 2 of this 1987 Act, the Public Utility Commission shall
establish rules to prohibit the termination of local exchange residential
service when such termination would significantly endanger the physical health
of the residential customer.
     (2) The commission shall provide by rule a
method for determining when the termination of local exchange residential
service would significantly endanger the physical health of the residential
customer.
     (3)(a) The commission shall require that
each telecommunications public utility:
     (A) Accept medical statements by licensed
physicians and licensed nurse practitioners as sufficient evidence of
significant endangerment of health; and
     (B) Establish procedures for submitting
and receiving such medical statements.
     (b) A medical statement submitted under
this subsection shall be valid for such period as the commission, by rule, may
prescribe.
     (4) Rules adopted by the commission
pursuant to this section shall not apply to telecommunication service other
than local exchange residential service.
     (5) A customer submitting a medical
certificate as provided in this section is not excused from paying for
telecommunication service. Customers are required to enter into a time payment
agreement with the utility if an overdue balance exists. Local exchange service
is subject to termination if a customer refuses to enter into or fails to abide
by terms of a payment agreement.
     (6) Nothing in this section prevents the
termination of local exchange residential service if the telecommunications
public utility providing the service does not have the technical ability to
terminate toll telecommunication service without also terminating local
exchange telecommunication service. [1987 c.290 §5]
     Sec.
6. (1) In carrying out the
provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility
Commission shall establish a plan to provide assistance to low income customers
through differential rates or otherwise. The plan of assistance shall be
designed to use, to the maximum extent possible, the available funding offered
by the Federal Communications Commission, and may provide different levels of
assistance to low income customers based upon differences in local exchange
rates. The plan established by the commission shall prescribe the amount of
assistance to be provided and the time and manner of payment.
     (2) For the purpose of establishing a plan
to provide assistance to low income customers under this section, the
commission shall require all public utilities, cooperative corporations and
unincorporated associations providing local exchange telecommunication service
to participate in the plan, except as provided in subsection (3) of this
section.
     (3) In lieu of participation in the
commissionÂ’s plan to assist low income customers, a public utility, cooperative
corporation or unincorporated association providing local exchange
telecommunication service may apply to the commission to establish an
alternative plan for the purpose of carrying out the provisions of section 2,
chapter 290, Oregon Laws 1987, for its own customers. The commission shall
adopt standards for determining the adequacy of alternative plans.
     (4) The commission may contract with any
governmental agency to assist the commission in the administration of any
assistance plan adopted pursuant to this section.
     (5)(a) As used in sections 2 to 6, chapter
290, Oregon Laws 1987, “low income customer” means an individual determined by
the commission:
     (A) To be receiving benefits from the
federal food stamp program or from another low income public assistance program
for which eligibility requirements limit participation to individuals with
income that does not exceed 135 percent of federal poverty guidelines; or
     (B) To be a resident of a long term care
facility, as defined in ORS 442.015, or a residential care facility, as defined
in ORS 443.400:
     (i) Who receives medical assistance under
ORS chapter 414; and
     (ii) Who has income that does not exceed
135 percent of federal poverty guidelines.
     (b) The commission must be able to verify
the continuing participation of a low income customer in a program described in
paragraph (a) of this subsection. [1987 c.290 §6; 1991 c.622 §1; 2007 c.29 §1]
     Sec.
7. (1) In order to fund the
programs provided in sections 2 to 6 and 9 to 14, chapter 290, Oregon Laws
1987, the Public Utility Commission shall develop and implement a system for
assessing a surcharge in an amount not to exceed 35 cents per month against
each paying retail subscriber who has telecommunications service with access to
the telecommunications relay service. The surcharge shall be applied on a
telecommunications circuit designated for a particular subscriber. One
subscriber line shall be counted for each circuit that is capable of generating
usage on the line side of the switched network regardless of the quantity of
customer premises equipment connected to each circuit. For providers of central
office based services, the surcharge shall be applied to each line that has
unrestricted connection to the telecommunications relay service. These central
office based service lines that have restricted access to the
telecommunications relay service shall be charged based on software design. For
cellular, wireless or other radio common carriers, the surcharge shall be
applied on a per instrument basis, but applies only to subscribers whose place
of primary use, as defined and determined under 4 U.S.C. 116 to 126, is within this
state.
     (2) The surcharge imposed by subsection
(1) of this section does not apply to:
     (a) Services upon which the state is
prohibited from imposing the surcharge by the Constitution or laws of the
     (b) Interconnection between
telecommunications utilities, telecommunications cooperatives, competitive
telecommunications services providers certified pursuant to ORS 759.020, radio
common carriers and interexchange carriers.
     (3) The commission annually shall review
the surcharge and the balance in the Residential Service Protection Fund and
may make adjustments to the amount of the surcharge to ensure that the fund has
adequate resources but that the fund balance does not exceed six months of
projected expenses.
     (4) Moneys collected pursuant to the
surcharge shall not be considered in any proceeding to establish rates for
telecommunication service.
     (5) The commission shall direct
telecommunications public utilities to identify separately in bills to
customers for service the surcharge imposed pursuant to this section. [1987
c.290 §7; 1991 c.622 §2; 1991 c.872 §8; 1993 c.231 §1; 1995 c.79 §387; 1995
c.451 §1; 2001 c.408 §2]
     Sec.
8. The Residential Service
Protection Fund is established in the State Treasury, separate and distinct
from the General Fund. Interest earned by moneys in the fund shall be credited
to the fund. All moneys in the fund are appropriated to the Public Utility
Commission to carry out the provisions of chapter 290,
     Sec.
16. Chapter 290, Oregon Laws
1987, is repealed January 1, 2010. [1987 c.290 §16; 1991 c.622 §4; 1997 c.481 §1;
2001 c.408 §1]
     Note: Sections 1 and 2, chapter 204, Oregon Laws
2005, provide:
     Sec.
1. Section 2 of this 2005
Act is added to and made a part of sections 2 to 6, chapter 290, Oregon Laws
1987. [2005 c.204 §1]
     Sec.
2. (1) In carrying out the
provisions of section 2, chapter 290, Oregon Laws 1987, the Public Utility
Commission shall adopt rules to prohibit the termination of local exchange
residential service if the termination would significantly endanger a customer,
or a person in the household of the customer, who is:
     (a) At risk of domestic violence, as
defined in ORS 135.230;
     (b) At risk of unwanted sexual contact, as
defined in ORS 163.305;
     (c) A person with a disability, as defined
in ORS 124.005, who is at risk of abuse, as defined in ORS 124.005 (1)(a), (d)
or (e);
     (d) An elderly person, as defined in ORS
124.005, who is at risk of abuse, as defined in ORS 124.005 (1)(a), (d) or (e);
or
     (e) A victim of stalking, as described in
ORS 163.732.
     (2) A customer may establish that
termination of local exchange residential service would significantly endanger
the customer, or a person in the household of the customer, by providing a
telecommunications public utility with an affidavit signed by the customer
stating that termination would place the customer, or a person in the household
of the customer, at significant risk of domestic violence, as defined in ORS
135.230, or of unwanted sexual contact, as defined in ORS 163.305. The customer
must attach to the affidavit a copy of an order issued under ORS 30.866,
107.700 to 107.735, 124.005 to 124.040 or 163.738 that restrains another person
from contact with the customer, or a person in the household of the customer,
or a copy of any other court order that restrains another person from contact
with the customer, or a person in the household of the customer, by reason of a
risk described in subsection (1) of this section or by reason of stalking.
     (3) The commission shall require that each
telecommunications public utility establish procedures for submitting and
receiving affidavits under subsection (2) of this section.
     (4) This section does not apply to
termination of any telecommunication service other than local exchange
residential service.
     (5) A customer submitting an affidavit as
provided by subsection (2) of this section is not excused from paying for
telecommunication service. Customers are required to enter into a reasonable
payment agreement with the telecommunications public utility if an overdue
balance exists. Local exchange residential service may be terminated if a
customer refuses to enter into or fails to abide by the terms of a reasonable
payment agreement.
     (6) Nothing in this section prevents the
termination of local exchange residential service if the telecommunications
public utility providing the service does not have the technical ability to
terminate toll telecommunication service without also terminating local
exchange residential service. [2005 c.204 §2; 2007 c.70 §359]
ASSISTIVE
TELECOMMUNICATION DEVICES FOR PERSONS WITH DISABILITIES
     Note: Sections 9 to 16, chapter 290, Oregon Laws
1987, provide:
     Sec.
9. As used in sections 9 to
14, chapter 290,
     (1) “Adaptive equipment” means equipment
that permits a person with a disability, other than a person who is hard of
hearing or speech impaired, to communicate effectively on the telephone.
     (2) “Applicant” means a person who applies
for an assistive telecommunication device, adaptive equipment or a signal
device.
     (3) “Assistive telecommunication device”
means a device that utilizes a keyboard, acoustic coupler, display screen,
Braille display, speakerphone or amplifier to enable people who are deaf,
deaf-blind, severely hard of hearing or severely speech impaired to communicate
effectively on the telephone.
     (4) “Audiologist” means a person who has a
masterÂ’s or doctoral degree in audiology and a Certificate of Clinical
Competence in audiology from the American Speech-Language-Hearing Association.
     (5) “Deaf” means a profound hearing loss,
as determined by an audiologist or a vocational rehabilitation counselor of the
Department of Human Services, that requires use of an assistive
telecommunication device to communicate effectively on the telephone.
     (6) “Deaf-blind” means a hearing loss and
a visual impairment, as determined by a licensed physician and by an
audiologist or a vocational rehabilitation counselor of the Department of Human
Services, that require use of an assistive telecommunication device to
communicate effectively on the telephone.
     (7) “Disability” means a physical
condition, as determined by a licensed physician or vocational rehabilitation
counselor of the Department of Human Services, other than hearing or speech
impairment that requires use of adaptive equipment to utilize the telephone.
     (8) “Hearing aid specialist” means a
person licensed to deal in hearing aids under ORS chapter 694.
     (9) “Physician” means an applicant’s
primary care physician or a medical specialist who is able to determine an
applicantÂ’s disability and to whom the applicant was referred by the primary
care physician.
     (10) “Recipient” means a person who
receives adaptive equipment, an assistive telecommunication device or a signal
device.
     (11) “Severely hard of hearing “ means a
hearing loss, as determined by an audiologist or vocational rehabilitation
counselor of the Department of Human Services, that requires use of an
assistive telecommunication device to communicate effectively on the telephone.
     (12) “Severely speech impaired” means a
speech disability, as determined by a speech-language pathologist or vocational
rehabilitation counselor of the Department of Human Services, that requires use
of an assistive telecommunication device to communicate effectively on the
telephone.
     (13) “Signal device” means a mechanical
device that alerts a person who is deaf, deaf-blind or severely hard of hearing
of an incoming telephone call.
     (14) “Speech-language pathologist” means a
person who has a masterÂ’s degree or equivalency in speech-language pathology
and a Certificate of Clinical Competence issued by the American
Speech-Language-Hearing Association.
     (15) “Telecommunications relay center”
means a facility authorized by the Public Utility Commission to provide
telecommunications relay service.
     (16) “Telecommunications relay service”
means the provision of voice and teletype communication between users of some
assistive telecommunication devices and other parties. [1987 c.290 §9; 1991
c.872 §2; 1995 c.280 §32; 1995 c.451 §2; 1999 c.384 §1; 2007 c.28 §1; 2007 c.70
§353]
     Sec.
10. It is recognized that a
large number of people in this state, through no fault of their own, are unable
to utilize telecommunication equipment due to the inability to hear or speak
well enough or due to other disabilities. It is also recognized that present
technology is available, but at significant cost, that would allow these people
to utilize telecommunication equipment in their daily activities. There is,
therefore, a need to make available such technology in the form of assistive
telecommunication devices and a telecommunications relay service for people who
are deaf, severely hard of hearing or severely speech impaired or adaptive
equipment for people with disabilities at no additional cost beyond normal
telephone service. The provision of assistive telecommunication devices and a
telecommunications relay service or adaptive equipment would allow those
formerly unable to use telecommunication systems to more fully participate in
the activities and programs offered by government and other community agencies,
as well as in their family and social activities. The assistive
telecommunication devices or adaptive equipment would be provided on a loan
basis to each recipient, to be returned if the recipient moves out of the
state. [1987 c.290 §10; 1991 c.872 §3; 1999 c.384 §2; 2007 c.70 §354]
     Sec.
11. (1) With the advice of
the Telecommunication Devices Access Program Advisory Committee, the Public
Utility Commission shall establish and administer a statewide program to
purchase and distribute assistive telecommunication devices to persons who are
deaf, severely hard of hearing, severely speech impaired or deaf-blind and
establish a dual party relay system making telephone service generally
available to persons who are deaf, severely hard of hearing, severely speech
impaired or deaf-blind.
     (2) With the advice of the
Telecommunication Devices Access Program Advisory Committee, the Public Utility
Commission shall establish and administer a statewide program to purchase and
distribute adaptive equipment to make telephone service generally available to
persons with physical disabilities. [1987 c.290 §11; 1991 c.872 §4; 1999 c.384 §3;
2007 c.70 §355]
     Sec.
12. (1) A Telecommunication
Devices Access Program Advisory Committee shall be established to advise the
Public Utility Commission concerning matters of general development,
implementation and administration of the Telecommunication Devices Access
Program.
     (2) The Telecommunication Devices Access
Program Advisory Committee shall include:
     (a) Nine consumers including seven who are
deaf or hard of hearing, one who is speech impaired and one who has a
disability;
     (b) One professional in the field of
speech impairment, hearing impairment or deafness or disability;
     (c) One member of the Public Utility
Commission or a designee of the commission; and
     (d) One representative from those
telephone companies interested in providing telecommunication devices access
relay services. [1987 c.290 §12; 1991 c.872 §5; 2007 c.70 §356]
     Sec.
13. (1) The Public Utility
Commission shall employ a coordinator for the Telecommunication Devices Access
Program, who shall be primarily responsible for:
     (a) The distribution and maintenance of
assistive telecommunication devices and adaptive equipment;
     (b) The provision of telecommunications
relay services and monitoring of those service providers; and
     (c) Community outreach to locate potential
beneficiaries of the Telecommunication Devices Access Program.
     (2) The commission may contract with any
governmental agency, or other entity the commission considers to be qualified,
to assist the commission in the administration of sections 9 to 14, chapter
290, Oregon Laws 1987. [1987 c.290 §13; 1991 c.872 §6; 1999 c.384 §4]
     Sec.
14. (1)(a) In order to be
eligible to receive assistive telecommunication devices or adaptive equipment,
individuals must be certified as deaf, severely hard of hearing, severely
speech impaired or deaf-blind by a licensed physician, audiologist, hearing aid
specialist, speech-language pathologist or vocational rehabilitation counselor
of the Department of Human Services. Certification implies that the individual
cannot use the telephone for expressive or receptive communication.
     (b) No more than one assistive
telecommunication device or adaptive equipment device shall be provided to a
household. However, two assistive telecommunication devices or adaptive
equipment devices may be provided to a household if more than one eligible
person permanently resides in the household. Households without any assistive
telecommunication devices or adaptive equipment shall be given priority over
households with one assistive telecommunication device or adaptive equipment
device when such devices are distributed.
     (c) Sections 9 to 14, chapter 290, Oregon
Laws 1987, do not require a telecommunications utility to provide an assistive
telecommunication device to any person in violation of ORS 646.730.
     (2)(a) In order to be eligible to receive
adaptive equipment, individuals must be certified to have the required
disability by a person or agency designated by the Public Utility Commission to
make such certifications. Certification implies that the individual is unable
to use the telephone.
     (b) Sections 9 to 14, chapter 290, Oregon
Laws 1987, do not require a telecommunications utility to provide adaptive
equipment to any person in violation of ORS 646.730. [1987 c.290 §14; 1989
c.115 §1; 1991 c.872 §7; 1995 c.280 §33; 1999 c.384 §5; 2007 c.28 §2; 2007 c.70
§357]
     Sec.
15. The program of
distribution provided in sections 9 to 14 of this Act is to be phased in over a
period ending January 1, 1992. [1987 c.290 §15]
     Sec.
16. Chapter 290, Oregon Laws
1987, is repealed January 1, 2010. [1987 c.290 §16; 1991 c.622 §4; 1997 c.481 §1;
2001 c.408 §1]
INFORMATION
SERVICE PROVIDERS
     759.700
Definitions for ORS 759.700 to 759.720. As used in ORS 759.700 to 759.720:
     (1) “Information provider” means any
person, company or corporation that operates an information delivery service on
a pay-per-call basis.
     (2) “Information delivery service” means
any telephone-recorded messages, interactive programs or other information
services that are provided for a charge to a caller through an exclusive
telephone number prefix or service access code. Where a preexisting written
contract exists between the customer and the information provider, this
definition does not apply. [1991 c.672 §7]
     759.705
Program message preamble; information to be included. (1) An information provider that does
business in this state shall include a preamble in its program messages.
     (2) The preamble must:
     (a) Describe the service that the program
provides.
     (b) Advise the caller of the price per
call, including:
     (A) Any per minute charge;
     (B) Any flat rate charge;
     (C) Any minimum charge;
     (D) The maximum charge possible for the
service as determined from multiplying maximum duration in minutes by the cost
per minute, unless the call has a possible indefinite duration, in which case
the charge for one hour of use shall be stated;
     (E) Whether calls that may last more than
20 minutes are interactive or have a possible indefinite duration; and
     (F) The maximum possible charges for any
pay-per-call numbers to which the caller may be referred by the information
provider.
     (c) Advise that the billing will begin
shortly after the end of the preamble. A reasonable length of time shall be
allotted after the preamble to give consumers an opportunity to disconnect
before the program message starts.
     (3) All preambles must be clearly
articulated in the language used in advertisements for the telephone number and
the language used within the body of the program. The language in the preamble
shall be spoken in a normal cadence and at a volume equal to that of the
program message.
     (4) When an information provider’s program
message consists only of a polling application that permits the caller to
register an opinion or to vote on a matter by completing a call, or results in
a flat charge of $2 or less, this section does not apply. [1991 c.672 §2]
     759.710
Pay-per-call information; disclosure. (1) An information provider that advertises pay-per-call services that
are broadcast by radio or television, contained in home videos or that appear
on movie screens must include an announcement that accurately represents the
price of the service being advertised. The announcement must be clearly
articulated in the language used in the body of the program or any other
language spoken in the advertisement. These price disclosures shall be spoken
in a normal cadence and at a volume equal to that used to announce the
telephone number in the advertisement. The advertisement must state the price
of the service each time the telephone number of the information provider
appears in the advertisement.
     (2) An information provider that
advertises pay-per-call services that are broadcast by television, contained in
home videos or that appear on movie screens must include, in clearly visible
letters and numbers set against a contrasting background, the cost of calling
the advertised number. Visual disclosure of the cost of the call must be
displayed adjacent to the advertised telephone number each time the number
appears in the advertisement. The lettering of the visual disclosure of the
cost of the call must be the same size and typeface as that of the advertised
telephone number.
     (3) Except as provided in subsection (5)
of this section, an information provider that advertises pay-per-call services
that appear in printed material must include, in clearly visible letters and
numbers set against a contrasting background, the cost of calling the
advertised telephone number. The printed disclosure of the cost of the call
must be displayed adjacent to the advertised number each time the number
appears in the advertisement. The lettering of the visual disclosure of the
cost of the call must be the same size and typeface as that of the advertised
telephone number.
     (4) Except as provided in subsection (5)
of this section, an information provider that advertises pay-per-call services
must include the price or cost, including:
     (a) Any per minute charge;
     (b) Any flat rate charge;
     (c) Any minimum charge;
     (d) The maximum charge possible for the
service as determined by multiplying maximum duration in minutes by the cost
per minute, unless the call has a possible indefinite duration, in which case
the charge for one hour of use shall be stated;
     (e) An indication whether calls are
interactive or have a possible indefinite duration; and
     (f) The maximum possible charges for all
pay-per-call numbers to which the caller will be referred by the telephone
number being advertised.
     (5) An information provider that
advertises pay-per-call services in telephone directory classified advertising
must include a conspicuous disclosure in the advertisement that the call is a
pay-per-call service. [1991 c.672 §3]
     759.715
Information service blocking; suspension or termination of telephone service
for nonpayment of information service charges. (1) Local exchange carriers shall make
information delivery service blocking available to all customers as soon as
such a system becomes technically available to local exchange carriers. Local
exchange carriers shall notify customers of such a blocking service when
available.
     (2) A customer’s local or long distance
service shall not be suspended or terminated for nonpayment of information
delivery service charges. The Public Utility Commission through orders and
rules shall require telephone utilities providing billing services for
information providers to adequately inform consumers of their rights concerning
information providers. [1991 c.672 §§5,6]
     759.720
Action against information provider for failure to comply with law; remedies;
customer liability for charges.
(1) Any customer, telecommunications utility or local exchange carrier who
suffers damages from a violation of ORS 646.608, 646.639 and 759.700 to 759.720
by an information provider has a cause of action against such information
provider. The court may award the greater of three times the actual damages or
$500, or order an injunction or restitution. Except as provided in subsection
(2) of this section, the court may award reasonable attorney fees to the
prevailing party in an action under this section.
     (2) The court may not award attorney fees
to a prevailing defendant under the provisions of subsection (1) of this
section if the action under this section is maintained as a class action
pursuant to ORCP 32.
     (3) When an information provider has
failed to comply with any provision of ORS 646.608, 646.639 and 759.700 to
759.720, any obligation by a customer that may have arisen from the dialing of
a pay-per-call telephone number is void and unenforceable.
     (4) Any obligation that may have arisen
from the dialing of a pay-per-call telephone number is void and unenforceable
if made by:
     (a) An unemancipated child under 18 years
of age; or
     (b) A person whose physician substantiates
that:
     (A) The person has a mental or emotional
disorder generally recognized in the medical or psychological community that
makes the person incapable of rational judgments and comprehending the
consequences of the personÂ’s action; and
     (B) The disorder was diagnosed before the
obligation was incurred.
     (5) Upon written notification to the
information provider or the billing agent for the information provider that a
bill for information delivery services is void and unenforceable under
subsection (2) or (4) of this section, no further billing or collection
activities shall be undertaken in regard to that obligation.
     (6) The telecommunications utility or
local exchange carrier may require the customer to take pay-per-call telephone
blocking service after the initial obligation has been voided. [1991 c.672 §4;
1993 c.513 §1; 1995 c.696 §49]
UNAUTHORIZED
CHANGES IN TELECOMMUNICATIONS CARRIERS
     759.730
Unauthorized changes in telecommunications carriers (“slamming”); rules. (1) The Public Utility Commission may by
rule assume primary responsibility for resolving consumer complaints relating
to changes in a consumerÂ’s telecommunications carrier, as defined in ORS
759.400, in violation of federal laws, federal regulations or Federal
Communications Commission orders.
     (2) If the Public Utility Commission
assumes primary responsibility for resolving consumer complaints relating to
changes in a consumerÂ’s telecommunications carrier under this section, the
commission shall by rule:
     (a) Establish a complaint process for
consumers who have had changes in telecommunications carriers;
     (b) Establish a process for investigating
complaints under this section; and
     (c) Establish appropriate remedies for
consumers who have had changes in telecommunications carriers in violation of
federal laws, federal regulations or Federal Communications Commission orders.
     (3) Rules adopted by the Public Utility
Commission under this section must be consistent with federal laws, federal
regulations and Federal Communications Commission orders relating to resolution
of consumer complaints arising out of changes in telecommunications carriers,
and may not impose more stringent conditions or penalties for changes in
telecommunications carriers than the conditions and penalties imposed by
federal laws, federal regulations or Federal Communications Commission orders
for changes in telecommunications carriers.
     (4) The Public Utility Commission may not
adopt rules under this section that are applicable to radio common carriers.
     (5) Nothing in this section affects the
ability of the Attorney General to seek remedies under ORS 646.605 to 646.652
to the extent that an unauthorized change in telecommunications carriers
constitutes an unlawful practice under ORS 646.605 to 646.652. [2003 c.642 §2]
DAMAGES
     759.900
Liability of utility; effect on other remedies; liability for personal injury
or property damage. (1) Any
telecommunications utility which does, or causes or permits to be done, any
matter, act or thing prohibited by this chapter or ORS chapter 756, 757 or 758
or omits to do any act, matter or thing required to be done by such statutes,
is liable to the person injured thereby in the amount of damages sustained in
consequence of such violation. Except as provided in subsection (2) of this
section, the court may award reasonable attorney fees to the prevailing party
in an action under this section.
     (2) The court may not award attorney fees
to a prevailing defendant under the provisions of subsection (1) of this
section if the action under this section is maintained as a class action
pursuant to ORCP 32.
     (3) Any recovery under this section does
not affect recovery by the state of the penalty, forfeiture or fine prescribed
for such violation.
     (4) This section does not apply with
respect to the liability of any telecommunications utility for personal injury
or property damage. [1989 c.827 §4; 1995 c.696 §51]
     Note: Sections 1 and 2, chapter 699, Oregon Laws
2001, provide:
     Sec.
1. (1) There is established
the Oregon Telecommunications Coordinating Council consisting of 20 members.
     (2) The Governor shall appoint one member
to represent each of the following entities, and in making the appointments
under this subsection shall give consideration to recommendations made by the
entity the member is to represent:
     (a) The
     (b) CoastNet.
     (c) The
     (d) The Fiber South Consortium.
     (e) Frontier Telenet.
     (f) The Gorge Teleconsortium.
     (g) The Regional Fiber Consortium (Lane
and
     (h) The
     (i) The
     (j) The
     (3) The Governor shall appoint two members
of the Oregon Telecommunications Coordinating Council to represent the counties
of this state. The Governor shall give consideration to recommendations made by
the Association of Oregon Counties in making the appointments under this
subsection.
     (4) The Governor shall appoint two members
of the Oregon Telecommunications Coordinating Council to represent the cities
of this state. The Governor shall give consideration to recommendations made by
the League of Oregon Cities in making the appointments under this subsection.
     (5) The Governor shall appoint two members
of the Oregon Telecommunications Coordinating Council to represent
telecommunication utilities and Internet service providers in this state. The
Governor shall give consideration to recommendations made by the Oregon
Telecommunications Association in making the appointments under this
subsection.
     (6) The Governor shall appoint one member
of the Oregon Telecommunications Coordinating Council to represent
     (7) The Governor shall appoint one member
of the Oregon Telecommunications Coordinating Council to represent elementary
and secondary schools. The Governor shall give consideration to recommendations
made by the Oregon School Boards Association in making the appointment under
this subsection.
     (8) The Governor shall appoint one member
of the Oregon Telecommunications Coordinating Council to represent community
colleges. The Governor shall give consideration to recommendations made by the
Oregon Community College Association in making the appointment under this
subsection.
     (9) The Governor shall appoint one member
of the Oregon Telecommunications Coordinating Council to represent the Oregon
University System. The Governor shall give consideration to recommendations
made by the Chancellor of the Oregon University System in making the
appointment under this subsection.
     (10) The Oregon Telecommunications
Coordinating Council may by a majority vote of the council add members to the
council to represent telecommunication consortia coming into existence after
January 1, 2003, or to represent citizen groups recognized by the council.
     (11) If no additional funds are required,
the Economic and Community Development Department, the Oregon Department of
Administrative Services, the League of Oregon Cities and the Association of
Oregon Counties may provide staff to the Oregon Telecommunications Coordinating
Council.
     (12) Members of the Oregon
Telecommunications Coordinating Council are not entitled to compensation, but
may be paid expenses if funding is available from contributions under
subsection (15) of this section.
     (13) The Oregon Telecommunications
Coordinating Council shall study alternative approaches to providing
coordinated statewide, regional and local telecommunication services, including
providing services to unserved or underserved areas of the state. In addition,
the council shall study the manner in which telecommunication investments can
be coordinated to facilitate partnerships between the public sector and the
private sector and between state and local governments. The council shall
report its findings and recommendations to the Governor and to the Joint
Legislative Committee on Information Management and Technology before each
legislative session.
     (14) All agencies of state government, as
defined in ORS 174.111, are directed to assist the Oregon Telecommunications
Coordinating Council in the performance of its functions and, to the extent
permitted by laws relating to confidentiality, to furnish such information and
advice as the members of the council consider necessary to perform their
functions.
     (15) The Oregon Telecommunications
Coordinating Council may accept contributions of funds and assistance from the
     (16) Official action by the Oregon
Telecommunications Coordinating Council requires the approval of a majority of
the members. The council may recommend legislation, and all legislation
recommended by the council must indicate that it is introduced at the request
of the council. Legislation recommended by the council must be submitted to the
Joint Legislative Committee on Information Management and Technology. The
legislation shall be prepared in time for presession filing at regular sessions
of the Legislative Assembly.
     (17) The Oregon Telecommunications
Coordinating Council shall:
     (a) Encourage the work of regional
telecommunications consortia that have emerged throughout the state.
     (b) Encourage state agencies to utilize
telecommunications.
     (c) Encourage efforts to provide
cost-effective, quality workforce development training using telecommunications
infrastructure and facilities to access distance learning opportunities.
     (d) Encourage schools, education service
districts and local education agencies in unserved areas to promote broadband
access for the surrounding community.
     (e) Encourage public and private entities
to seek opportunities for partnership with educational institutions that will
stimulate the use of broadband technologies through community projects and
public education.
     (f) Recommend ways for the State of
     (g) Encourage the Oregon Telehealth
Alliance to continue the work of the councilÂ’s Telehealth Committee.
     (h) Facilitate public and private
organizations working together in partnership to promote the use of
telecommunications infrastructure and new technology. [2001 c.699 §1; 2003
c.775 §3; 2005 c.350 §1]
     Sec.
2. Section 1, chapter 699,
Oregon Laws 2001, is repealed on January 2, 2010. [2001 c.699 §2; 2003 c.775 §6;
2005 c.350 §2]
     Note: Section 4, chapter 775, Oregon Laws 2003,
provides:
     Sec.
4. (1) The Oregon
Telecommunications Coordinating Council shall collaborate with health care
education providers and members of the health care industry to develop and
implement a plan that:
     (a) Ensures that the education and health
care communities are able to connect by broadband and other telecommunications
infrastructures necessary for distance learning.
     (b) Encourages cooperative activities
among the education and health care communities for the purpose of establishing
and implementing curriculum applications that are necessary to fully utilize
the connected networks.
     (c) Fully utilizes the resources of the
education and health care networks.
     (2) The plan developed under this section
shall include determinations about the technical and financial resources needed
to implement the plan.
     (3) The Economic and Community Development
Department may seek funding from the federal government and private sources to
develop and implement the plan described in this section. [2003 c.775 §4]
     Note: Section 3, chapter 350, Oregon Laws 2005,
provides:
     Sec.
3. (1) The Oregon
Telecommunications Coordinating Council shall report to the Seventy-fourth
Legislative Assembly, in the manner provided by ORS 192.245, no later than
February 1, 2007. The report shall include information on the implementation of
the plan described in section 4, chapter 775, Oregon Laws 2003.
     (2) The Oregon Telecommunications
Coordinating Council shall report to the Seventy-fifth Legislative Assembly, in
the manner provided by ORS 192.245, no later than February 1, 2009. The report
shall include information on the implementation of the plan described in
section 4, chapter 775, Oregon Laws 2003. [2005 c.350 §3]
PENALTIES
     759.990
Penalties. (1) Any
telecommunications utility violating ORS 759.260 commits a Class A violation,
and upon conviction the court shall impose a fine of not less than $100.
Violation of ORS 759.260 by an officer or agent of a telecommunications utility
is a Class D violation.
     (2) Any person violating ORS 759.275
shall, upon conviction, forfeit and pay to the State Treasurer not less than
$100 and not more than $10,000 for each offense. Violation of ORS 759.275 by
any agent or officer of any telecommunications utility or person is punishable,
upon conviction, by a fine of not less than $100 and not more than $1,000 for
each offense.
     (3) Violation of ORS 759.280 is a Class A
violation.
     (4) Violation of ORS 759.355 is
punishable, upon conviction, by a fine of not less than $500 nor more than
$20,000 for each offense.
     (5) Violation of ORS 759.360 is a felony
and is punishable, upon conviction, by a fine of not less than $1,000 nor more
than $20,000, or by imprisonment in the penitentiary for not less than one nor
more than five years, or both.
     (6) A telecommunications carrier, as
defined in ORS 759.400, shall forfeit a sum of not less than $100 nor more than
$50,000 for each time that the carrier:
     (a) Violates any statute administered by
the Public Utility Commission;
     (b) Commits any prohibited act, or fails
to perform any duty enjoined upon the carrier by the commission;
     (c) Fails to obey any lawful requirement
or order made by the commission; or
     (d) Fails to obey any judgment made by any
court upon the application of the commission.
     (7) In construing and enforcing subsection
(6) of this section, the act, omission or failure of any officer, agent or
other person acting on behalf of or employed by a telecommunications carrier
and acting within the scope of the personÂ’s employment shall in every case be
deemed to be the act, omission or failure of such telecommunications carrier.
     (8) Except when provided by law that a
penalty, fine, forfeiture or other sum be paid to the aggrieved party, all
penalties, fines, forfeitures or other sums collected or paid under subsection
(6) of this section shall be paid into the General Fund and credited to the
Public Utility Commission Account. [1987 c.447 §52; 1999 c.1051 §225; 1999
c.1093 §39; 2003 c.576 §563]
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