USA Statutes : oregon
Title : TITLE 56 INSURANCE
Chapter : Chapter 759 Telecommunications Utility Regulation
(1)(a) As used in this chapter, except as
provided in paragraph (b) of this subsection, “telecommunications
utility” means:
(A) Any corporation, company, individual, 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 having an affiliated interest with the
telecommunications utility.
(b) As used in this chapter, “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.
(2) As used in this chapter:
(a) “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.
(b) “Intrastate telecommunications service” means any
telecommunications service in which the information transmitted
originates and terminates within the boundaries of the State of Oregon.
(c) “Local exchange telecommunications service” means
telecommunications service provided within the boundaries of exchange
maps filed with and approved by the commission.
(d) “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.
(e) “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.
(f) “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
users’ 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.
(g) “Telecommunications service” means two-way switched access and
transport of voice communications but does not include:
(A) Services provided by radio common carrier.
(B) One-way transmission of television signals.
(C) Surveying.
(D) Private telecommunications networks.
(E) Communications of the customer that take place on the customer
side of on-premises equipment.
(h) “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]The Legislative Assembly finds and declares that it is the goal
of the State of Oregon to secure and maintain high-quality universal
telecommunications service at just and reasonable rates for all classes
of customers and to encourage innovation within the industry by a
balanced program of regulation and competition. The Public Utility
Commission shall administer the statutes with respect to
telecommunications rates and services in accordance with this policy.
[Formerly 757.810] 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.(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 commission’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 provider’s annual report. [Formerly
757.815; 1991 c.326 §1; 1993 c.423 §1](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 commission’s general powers of
regulation. [Formerly 757.820]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]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 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 Oregon. [2005 c.232 §7]Note: Sections 2 and 3, chapter 589, Oregon Laws 1999, provide:
Sec. 2. In order to ensure consistency with the federal
Telecommunications Act of 1996 (P.L. 104-104), to enhance fair
competition and to promote deregulation of the telecommunications
industry, the Public Utility Commission biennially shall submit a report
to the Governor and the Legislative Assembly or the Emergency Board on or
before January 31 each odd-numbered year. The report shall include
information on:
(1) The status of competition in the telecommunications industry;
(2) Significant changes that have occurred in the
telecommunications industry during the preceding 12 months;
(3) Statutes that inhibit or discourage competition in and
deregulation of the telecommunications industry;
(4) Specific actions taken by the commission to reduce the
regulatory burden imposed on the telecommunications industry, including
telecommunications utilities and competitive telecommunications providers;
(5) Specific actions taken by the commission to maximize the
opportunities for telecommunications utilities and competitive
telecommunications providers to achieve pricing flexibility, including
rate rebalancing, exemption from regulation and streamlined regulations;
(6) Specific actions taken by the commission to:
(a) Minimize implicit sources of support; and
(b) Maximize explicit sources of support that are specific,
sufficient, competitively neutral and technologically neutral and that
support telecommunications services for customers of telecommunications
providers in high-cost locations;
(7) Statutes that should be enacted, amended or repealed to enhance
and respond to the competitive telecommunications environment or promote
the orderly deregulation of the telecommunications industry;
(8) The number of public bodies, as defined by ORS 174.109,
providing basic telecommunications infrastructure so that private
entities may use that infrastructure to provide advanced information and
communications services; and
(9) The availability of broadband services, the rates charged for
broadband services, the demand for broadband services and the usage of
broadband services. The commission may not impose reporting requirements
on telecommunications utilities for the purpose of implementing this
Sec. 3. Sections 1 and 2, chapter 589, Oregon Laws 1999, are
(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 Oregon and affiliated or under common control
with another public utility providing service in Oregon, and a finding
that such action is consistent with the public interest, the commission
by order may exempt such telecommunications utility from:
(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 Oregon, and finding that such action is
consistent with the public interest, the commission by order may exempt
such telecommunications utility from ORS 759.175 and 759.205 to 759.215.
(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] (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 utility’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 commission’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
utility’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](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](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](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]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](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(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]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 (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](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 United States.
(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] (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](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 utility’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 (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]
(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 commission’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 utility’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] (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 utility’s services by
present or future customers; or
(c) Inducing any person to use the utility’s services instead of a
competing provider’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.(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 utility’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] No change shall be made
in any schedule, including schedules of joint rates, except upon 30 days’
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 days’ notice by filing an order specifying the changes to be made and
the time when they shall take effect. [1987 c.447 §15](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](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 commission’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 attorney’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 utility’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 utility’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] 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] (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] (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] 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] (1) A
telecommunications utility may not use revenues earned from, or allocate
expenses to, that portion of the utility’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]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]
(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 commission’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
commission’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]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 commission’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]
(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] (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] (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] (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 customer’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](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
customer’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 utility’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 provider’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](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 commission’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] (1) Two-way,
flat rate or measured extended area service shall be provided by each
telecommunications utility providing service between the Portland EAS
Region and the Scappoose Exchange, as described by EAS and exchange maps
filed with and approved by the Public Utility Commission.
(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] (1) Two-way,
flat rate or measured extended area service shall be provided by each
telecommunications utility providing service between the Portland EAS
Region and the Molalla Exchange, as described by EAS and exchange maps
filed with and approved by the Public Utility Commission.
(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 (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] (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] 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](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 customer’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] (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] 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]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](1) No person shall use an automatic dialing and announcing
device to solicit the purchase of any realty, goods or services.
(2) Subsection (1) of this section does not apply to:
(a) The solicitation for funds by charitable or political
organizations or institutions.
(b) Contacts between persons with an existing business relationship.
(3) As used in this section:
(a) “Automatic dialing and announcing device” means equipment that
dials programmed telephone numbers and plays a recorded message when the
call is answered.
(b) “Existing business relationship” means a preexisting and
continuing course of dealing between parties involving the purchase or
sale of realty, goods or services. [1989 c.621 §2]ISSUANCE OF SECURITIESAs used in ORS 759.300 to 759.360,
“stocks” means stocks, stock certificates or other evidence of interest
or ownership. [1987 c.447 §28]
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] 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](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 utility’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]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]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](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 Oregon if the issue is separately
approved by the Oregon commission. [1987 c.447 §34] 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] 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](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 commission’s order, or to
any purpose specified in the commission’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]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]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 commission’s order, or to any purpose
specified in the commission’s order, in excess of the amount in the order
authorized for such purpose. [1987 c.447 §39] 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 commission’s order, or to any purpose specified in the
commission’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(1) A telecommunications utility doing
business in Oregon shall not, without first obtaining the Public Utility
Commission’s approval of such transaction:
(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](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](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 utility’s Oregon intrastate expenditure to the
affiliate is more than $100,000. [1987 c.447 §43; 1989 c.956 §4; 1991
c.899 §1; 1999 c.809 §1; 2005 c.232 §21](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 commission’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 utility’s Oregon intrastate expenditure to the
affiliate is more than $100,000. [1987 c.447 §44; 1989 c.956 §5; 1991
c.899 §2; 1999 c.809 §2; 2005 c.232 §22; 2005 c.638 §16a] (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 utility’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]PRICE CAP REGULATION(Generally)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]
(a) The State of Oregon cease regulation of telecommunications
carriers on a rate of return basis;
(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](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 carrier’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 carrier’s election to be subject to ORS 759.405 and 759.410, may
agree to continue the proceeding. [1999 c.1093 §27]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)(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 universal service fund shall conform to section 254
of the federal Telecommunications Act of 1996 (Public Law 104-104). 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. The surcharge shall be
established by the commission as 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 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](Public Purpose Funding)(1)(a) Notwithstanding ORS 285A.075 (2), the Oregon Economic and
Community Development Commission shall approve plans and plan
modifications for projects funded by a telecommunications carrier’s
Telecommunications Infrastructure Account established under ORS 759.405.
Projects funded from a telecommunications carrier’s Telecommunications
Infrastructure Account shall be completed by the carrier and shall be
substantially for the benefit of the carrier’s customers. Plans approved
by the commission must be consistent with the purpose of the fund as
described in ORS 759.405. The commission shall give priority to projects
that provide increased bandwidth between communities, route diversity and
access to advanced telecommunications services in an expedited manner.
The commission shall seek to ensure that an approved project is the most
technically appropriate means of addressing the circumstances presented
in a project plan. The commission shall review recommendations and
analysis from the Connecting Oregon Communities Advisory Board
established in subsection (2) of this section prior to approving a plan.
Project plans may be submitted by local communities including but not
limited to local governments, community institutions, citizen groups,
public and private educational institutions and business groups.
(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 Hood River County;
(b) Central Oregon;
(c) Southern Oregon;
(d) Coastal Oregon; and
(e) The Willamette Valley.
(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 carrier’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](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] The
Economic and Community Development Department may request approval from
the Emergency Board for the transfer of additional funds from a
telecommunications carrier’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 carrier’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](1) There is established in the State
Treasury, separate and distinct from the General Fund, the Connecting
Oregon Communities Fund. Moneys in the fund shall consist of amounts
deposited in the fund under ORS 759.405 and any other moneys deposited by
a telecommunications carrier that elects to be subject to ORS 759.405 and
759.410, including amounts deposited 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.
Interest earned on moneys in the fund shall accrue to the fund. Moneys in
the fund may be invested as provided in ORS 293.701 to 293.820. Moneys in
the fund shall be used to provide access to advanced telecommunications
technology in elementary schools and high schools, colleges and
universities, community colleges, public television corporations, rural
health care providers, public libraries and other eligible persons.
(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,
Oregon Laws 1999.
(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
Oregon State University for the purpose of providing virtual access to
persons with disabilities.
(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 Oregon information technology standards, is
consistent with any related interactive video strategy of the Oregon
Department of Administrative Services and is procured through a
competitively bid or negotiated state contract. The Department of
Education shall reimburse the Oregon Department of Administrative
Services from funds made available under this subsection for costs
incurred by the Oregon Department of Administrative Services in
developing the implementation plan.
(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 Oregon information
technology standards, are consistent with any related interactive video
strategy of the Oregon Department of Administrative Services and are
purchased through a competitively bid or negotiated state contract.
(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
district’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, Oregon Laws 1999 ¸ the total statewide ADMw).
(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(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
carrier’s, utility’s or provider’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 person’s
interconnection obligations.
(7) Total annual penalties imposed on a telecommunications utility
under this section shall not exceed two percent of the utility’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
provider’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
Oregon are exempt from any minimum service quality standard adopted under
this section that would require the utility or group to measure carrier
inquiry response time. [1999 c.1093 §29; 2001 c.95 §1](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 utility’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 utility’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
commission’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 commission’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
utility’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) As used in ORS
759.500 to 579.570, 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 (2)(c), 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 (2)(c), 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]Note: Section 27, chapter 232, Oregon Laws 2005, provides:
Sec. 27. As of January 1, 2006, the Public Utility Commission shall:
(1) Reallocate every allocated local exchange telecommunications
service territory to a telecommunications utility, cooperative
corporation or municipality to whom the commission had previously
allocated local exchange telecommunications service territory.
Allocations granted by the commission pursuant to this subsection shall
replace all allocations to telecommunications utilities, cooperative
corporations or municipalities granted by the commission prior to January
1, 2006. An allocation made pursuant to this subsection is not subject to
ORS 759.535 or 759.560. The commission has authority under ORS 756.500 to
756.610 to resolve a dispute arising from a reallocation made under this
subsection.
(2) Upon request, allocate every local exchange telecommunications
service territory that is shown on a map approved by the commission and
that is unallocated as of December 31, 2005, to the telecommunications
utility, cooperative corporation or municipality that filed the map. An
allocation made pursuant to this subsection is not subject to ORS 759.535
or 759.560. The commission has authority under ORS 756.500 to 756.610 to
resolve a dispute arising from an allocation made under this subsection.
[2005 c.232 §27] (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]
(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] (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] 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 court’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](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](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] 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] (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](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]ATTACHMENT REGULATION 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 people’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] 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] (1)
Whenever the Public Utility Commission of Oregon finds, after hearing had
upon complaint by a licensee or people’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 people’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] A
just and reasonable rate shall assure the telecommunications utility or
people’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 people’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]
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, people’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] 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
(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
provider’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 company’s operator service upon request of the
caller, free of charge.
(f) Not transfer a call to another operator service provider
without the caller’s notification and consent.
(g) Not bill or collect for calls not completed to the caller’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 user’s access to the user’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 PROTECTIONNote: 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 commission’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) As used in sections 2 to 6, chapter 290, Oregon Laws 1987, “low
income customer” means an individual determined by the commission to be
receiving benefits from the federal food stamp program or from another
low income public assistance program for which eligibility requirements
do not exceed 135 percent of the poverty level. The commission must be
able to verify the individual’s continuing participation in the
qualifying program. [1987 c.290 §6; 1991 c.622 §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 United States or the
Constitution or laws of the State of Oregon.
(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, Oregon Laws 1987. [1987 c.290 §8; 1989
c.966 §74; 1991 c.622 §3; 1991 c.872 §1; 1993 c.231 §2]
Sec. 16. Chapter 290, Oregon Laws 1987, is repealed January 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 disabilities, 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 107.732 [series became
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]DEVICES FOR HEARING AND SPEECH IMPAIREDNote: Sections 9 to 16, chapter 290, Oregon Laws 1987, provide:
Sec. 9. As used in sections 9 to 14, chapter 290, Oregon Laws 1987,
unless the context requires otherwise:
(1) “Adaptive equipment” means equipment that permits a disabled
person, other than a person who is 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 deaf, deaf-blind, severely hearing
impaired or severely speech impaired people to communicate effectively on
the telephone.
(4) “Audiologist” means a person who has a master’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) “Disabled” 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) “Physician” means an applicant’s primary care physician or a
medical specialist who is able to determine an applicant’s disability and
to whom the applicant was referred by the primary care physician.
(9) “Recipient” means a person who receives adaptive equipment, an
assistive telecommunication device or a signal device.
(10) “Severely hearing impaired” 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.
(11) “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.
(12) “Signal device” means a mechanical device that alerts a deaf,
deaf-blind or severely hearing impaired person of an incoming telephone
call.
(13) “Speech-language pathologist” means a person who has a
master’s degree or equivalency in speech-language pathology and a
Certificate of Clinical Competence issued by the American
Speech-Language-Hearing Association.
(14) “Telecommunications relay center” means a facility authorized
by the Public Utility Commission to provide telecommunications relay
service.
(15) “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]
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 such technology in the form of
assistive telecommunication devices and a telecommunications relay
service available to deaf, severely hearing and speech impaired people or
adaptive equipment for disabled people 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]
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 or severely
hearing or speech impaired or deaf-blind and establish a dual party relay
system making telephone service generally available to persons who are
deaf or severely hearing or 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]
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 hearing
impaired, one who is speech impaired and one who is disabled;
(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]
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 hearing impaired, severely speech impaired or
deaf-blind by a licensed physician, audiologist, 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) Nothing in sections 9 to 14, chapter 290, Oregon Laws 1987,
shall 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) Nothing in sections 9 to 14, chapter 290, Oregon Laws 1987,
shall 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]
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,
INFORMATION SERVICE PROVIDERS 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](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] (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](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](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 person’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(1) The Public Utility Commission may by rule assume
primary responsibility for resolving consumer complaints relating to
changes in a consumer’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 consumer’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(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]OREGON TELECOMMUNICATIONS COORDINATING COUNCILNote: 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 Central Oregon Telecommunications Task Force.
(b) CoastNet.
(c) The Eastern Oregon Telecommunications Consortium.
(d) The Fiber South Consortium.
(e) Frontier Telenet.
(f) The Gorge Teleconsortium.
(g) The Regional Fiber Consortium (Lane and Klamath Counties).
(h) The North Coast Telecommunications Consortium.
(i) The South Coast Telecommunications Consortium.
(j) The Southern Oregon Telecommunications and Technology Council.
(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 Oregon tribes. The
Governor shall give consideration to recommendations made by the
Commission on Indian Services in making the appointment under this
subsection.
(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 United States or its
agencies or from any other source, public or private, and agree to
conditions thereon not inconsistent with the purposes of the council. All
such funds are to aid in financing the functions of the council and shall
be deposited in the General Fund of the State Treasury to the credit of
separate accounts for the council to disburse for the purpose for which
contributed in the same manner as funds appropriated for the council.
(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 Oregon to support innovative
efforts that build effective and cost-efficient delivery of distance
education supported by telecommunications.
(g) Encourage the Oregon Telehealth Alliance to continue the work
of the council’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
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 (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 person’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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