justicedao/ipfs_state_laws huggingface dataset:
860-033-0110 Advertising, Marketing and Outreach (1) An Eligible Telecommunications Provider may not conceal or misstate a material fact about OTAP or the Lifeline program in advertising, marketing materials or other outreach to Oregon consumers. (2) An Eligible Telecommunications Provider must explain in plain language and disclose in OTAP and Lifeline marketing materials: (a) That the Eligible Telecommunications Provider’s offering is an OTAP and Lifeline supported service; (b) That OTAP and Lifeline are government assistance programs. This disclosure must be conspicuous; (c) The name of the Eligible Telecommunications Provider or offering the OTAP and Lifeline supported service; (d) That only eligible low-income customers may enroll in OTAP and Lifeline supported programs; (e) That proof of eligibility may be necessary for enrollment; (f) That OTAP and Lifeline supported services are limited to one benefit per household, consisting of either wireline or wireless basic service, a bundle of basic service and broadband internet access services, or broadband internet access service; and (g) That OTAP and Lifeline supported services are non-transferable. (3) The Eligible Telecommunications Provider must provide to the Commission copies of OTAP and Lifeline marketing materials to be released in the State of Oregon at least five business days prior to release. Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290 Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290 History: PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020 PUC 4-2020, temporary amend filed 07/01/2020, effective 07/01/2020 through 12/27/2020 PUC 5-2017, f. & cert. ef. 5-31-17 PUC 7-2013, f. & cert. ef. 12-20-13 PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13
860-033-0505 Telecommunication Devices Access Program (TDAP) Definitions (1) "Adaptive Equipment" means equipment that permits a person with a disability, other than a hearing or speech impairment, to communicate effectively on the telephone. (2) "Assistive Telecommunication Device" means a device that uses a keyboard, acoustic coupler, display screen, Braille display, speakerphone, or amplifier to enable a person who is deaf, deaf-blind, hard of hearing, speech or vision impaired or who has a disability to communicate effectively on the telephone. (3) "Disability" means a physical condition other than hearing or speech impairment that requires the use of adaptive equipment to communicate effectively on the telephone. Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & Ch. 290 OL 1987 Statutes/Other Implemented: ORS 756.040, ORS 759.036 & Ch. 290 OL 1987 History: PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020 PUC 9-2011, f. & cert. ef. 10-4-11 PUC 12-2009, f. & cert. ef. 11-13-09 PUC 16-2004, f. & cert. ef. 12-1-04 PUC 19-2003, f. & cert. ef. 11-14-03 PUC 12-1999, f. & cert. ef. 11-18-99 PUC 18-1997, f. & cert. ef. 12-17-97 PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238) PUC 7-1988, f. & cert. ef. 4-6-88 (Order No. 88-339)
860-033-0537 Notice of Proposed Assessment, Hearing, and Order (1) If the recipient does not comply with the requirements in OAR 860-033-0535, the Commission may issue a notice of proposed assessment to the recipient at the address on file with the Commission for the cost to repair or replace the Assistive Telecommunication Device or Adaptive Equipment while it remains the property of the State of Oregon. (a) The Commission may assess the full replacement cost when the recipient’s violation of OAR 860-033-0535 occurs in the first year following purchase of the Assistive Telecommunication Device or Adaptive Equipment, seventy-five percent of the replacement cost in the second year following its purchase, fifty percent of the replacement cost in the third year following its purchase, and twenty-five percent in the fourth year following its purchase. (b) Within 30 days after the service of the notice of proposed assessment, the recipient may submit a written request for a hearing. The request for hearing must include a written response that admits or denies all factual matters alleged in the notice of proposed assessment, and alleges any and all affirmative defenses and the reasoning in support thereof. The Commission must receive the request for hearing within 30 days of the date the notice of proposed assessment was mailed. (c) If the recipient timely files a written request for a hearing as set forth in subsection (b) of this section of this rule, the Commission will grant the recipient a hearing and give at least 10 days’ notice of the time and place of the hearing. The Commission will conduct the hearing under its rules governing hearings and proceedings. (2) If the Commission does not receive a written request within 30 days, the Commission may enter an order on default based on the information in the Commission’s file. Any amount assessed by the Commission in an order on a notice of proposed assessment is due and payable on the tenth day after the date of the order. Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290 Statutes/Other Implemented: ORS 756.040, ORS 759.036 & 1987 OL Ch. 290 History: PUC 7-2020, amend filed 12/30/2020, effective 12/30/2020 PUC 7-2013, f. & cert. ef. 12-20-13 PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13 PUC 9-2011, f. & cert. ef. 10-4-11 PUC 12-2009, f. & cert. ef. 11-13-09 PUC 16-2004, f. & cert. ef. 12-1-04 PUC 19-2003, f. & cert. ef. 11-14-03 PUC 12-1999, f. & cert. ef. 11-18-99 PUC 18-1997, f. & cert. ef. 12-17-97
860-034-0010 Scope of the Rules (1) Upon request or its own motion, the Commission may waive any of the Division 034 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. (2) The rules contained in this division apply exclusively to telecommunications cooperatives and small telecommunications utilities as defined in section (3) of this rule. (3) As used in this division: (a) "Small telecommunications utility" means a telecommunications utility partially exempt from regulation under ORS 759.040; (b) "Telecommunications utility" has the meaning given the term in ORS 759.005; (c) "Telecommunications cooperative" or "Type 1 cooperative" means an unincorporated association or cooperative corporation that provides telecommunications services; and (d) "Type 2 cooperative" means an unincorporated association or cooperative corporation that charges joint rates or provides through services as defined in OAR 860-034-0015. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.045, 759.220 & 759.225 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 6-2009, f. & cert. ef. 5-5-09 PUC 11-2004, f. & cert. ef. 6-2-04 PUC 2-2004(Temp), f. & cert. ef. 1-9-04 thru 7-2-04 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242) PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0015 Through Service “Through service” means an Oregon intrastate telecommunications service the provision of which involves the facilities, equipment, or services of two or more telecommunications utilities and/or cooperatives. Examples of “through services” may include, but are not limited to, intrastate toll/access service, extended area service, and E 9-1-1 service. Whether a service is a “through service” is determined on a case-by-case basis. Statutory/Other Authority: ORS 183 & 759 Statutes/Other Implemented: ORS 756.040 & 759.220 History: PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0295 PUC 3-1998, f. & cert. ef. 2-24-98
860-034-0020 Definitions for OAR 860-034-0030 through 860-034-0290 As used in OAR 860-034-0030 through 860-034-0290: (1) "Applicant" means a person who: (a) Applies for service with a small telecommunications utility; or (b) Reapplies for service at a new or existing location after service has been discontinued. (2) "Customer" means a person who has applied for, been accepted, and is currently receiving service. Notwithstanding section (1) of this rule, a customer who voluntarily disconnects service and later requests service with the same small telecommunications utility at a new or existing location within 20 days after disconnection retains customer status. (3) "Local exchange service" has the meaning given to "local exchange telecommunications service" in ORS 759.005(3). (4) "OTAP" has the meaning given to "Oregon Telephone Assistance Program" in OAR chapter 860, division 033. (5) "Registered dispute" means an unresolved issue between a customer or applicant and a small telecommunications utility that is under investigation by the Commission’s Consumer Services Division but is not the subject of a formal complaint. (6) "Regulated charges" means charges for services delivered in Oregon and subject to the jurisdiction and approval of the Commission. (7) "Utility service" means a service which is subject to Commission jurisdiction including local exchange service and intraLATA toll service. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 7-2019, minor correction filed 11/08/2019, effective 11/08/2019 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 4-1999, f. & cert. ef. 8-12-99 PUC 5-1998, f. & cert. ef. 3-13-98 PUC 17-1997(Temp), f. 12-11-97, cert. ef. 1-1-98 thru 6-29-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0050 Multilingual Notices (1) A small telecommunications utility shall provide a multilingual disconnect notice when 5 percent or 500 customers, whichever is the lesser, have requested such a notice. (2) Disconnect notices as required in section (1) of this rule shall contain the following information translated into the requested languages: IMPORTANT NOTICE: Your telephone services will be shut off due to an unpaid balance on your account. You must act immediately to avoid shutoff. Important information about how you can avoid shutoff is printed in English in the enclosed notice. If you cannot understand English, please find someone to translate the notice. If translation assistance is unavailable, please contact (name) at (phone number) who will try to help you. Information on customer's rights and responsibilities printed in this language is also available by calling that number. YOU MUST ACT NOW TO AVOID SHUTOFF. (3) The Commission may grant a waiver of the multilingual notice requirement under OAR 860-034-0010(1), for a period not to exceed two calendar years, if the small telecommunications utility shows that it Oregon customers would not benefit from such notice. The small telecommunications utility may request a waiver of the multilingual notice every two years. (4) The Commission will translate a consumer's rights and responsibilities summary into the following non-English languages: Spanish, Vietnamese, Cambodian, Laotian, and Russian. The Commission will provide copies to a small telecommunications utility upon request. (5) The small telecommunications utility shall record all requests and promptly mail the requested version of the summary to the consumer. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.030 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 14-1997, f. & cert. ef. 11-20-97 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0070 Designation of Third Party to Receive Notices Each small telecommunications utility shall offer its customers the option to designate a third party to receive bills and notices set forth in these rules. When a small telecommunications utility receives such designation, it shall send bills and notices required under these rules to the representative, with duplicate copies of disconnect notices also served on the customer. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0080 Restrictions on Entering a Customer Residence No employee of a small telecommunications utility shall enter the residence of a customer without proper authorization except in an emergency endangering life or property. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0090 Interruption of Utility Service (1) Each small telecommunications utility shall keep a record of any interruption of service affecting its whole system, or a major section thereof, including a statement of the time, duration, and cause of interruption. (2) Each small telecommunications utility shall make all reasonable efforts to prevent interruptions of service and when such interruptions occur, shall endeavor to reestablish service with the shortest possible delay consistent with the safety of its customers and the general public. (3) Each small telecommunications utility shall make all reasonable efforts to notify every customer affected in advance of any scheduled work that will interrupt service, but such notice shall not be required in case of interruption due to emergency repairs or for repairs or maintenance work that results in an interruption of less than five minutes. In determining reasonable notice, the small telecommunications utility shall consider the length of the planned interruption, the type and number of customers affected, the potential impact of the interruption on customers, and other surrounding circumstances. Notice may be given in writing, either via US mail or a door hanger on the affected premises, or by contact with the customer or an adult at the residence by personal visit or by telephone. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 16-2004, f. & cert. ef. 12-1-04 PUC 16-2003, f. & cert. ef. 10-1-03 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0097 Estimated Annual Fees Payable to the Commission (1) For any year in which a small telecommunications utility fails to file a completed statement form, the Commission may determine a proposed annual fee based upon any information available to the Commission. The proposed annual fee must: (a) Include a penalty fee for failure to pay as required by ORS 756.350; (b) Include a late statement fee in accordance with OAR 860-011-0080; and (c) Be made no later than three (3) years after the statement form’s due date. (2) The Commission must provide written notice of the proposed annual fee to the small telecommunications utility. (3) Within 30 days after service of the notice of proposed annual fee, the small telecommunications utility may file a petition with the Commission for a hearing. In its petition, the utility must specify its reasons for disputing the proposed annual fee. The Commission may conduct a hearing on the petition under its rules governing hearings and proceedings. (4) If the small telecommunications utility does not file a petition within the 30-day period, the proposed annual fee is and payable. (5) During the 30-day period allowed for filing a petition, the small telecommunications utility may file its completed statement form and pay the annual fee, penalties, and late statement fee. The Commission will accept the statement form, fees, and penalties in accordance with the original due date for that year’s statement form and payment. Statutory/Other Authority: ORS 183, 192, 756 & 759 Statutes/Other Implemented: ORS 756.040, 756.310, 756.320 & 756.350 History: PUC 18-2004, f. & cert. ef. 12-30-04 PUC 16-2004, f. & cert. ef. 12-1-04 PUC 20-2003, f. & cert. ef. 11-14-03 PUC 8-2003, f. & cert. ef. 4-28-03
860-034-0100 Temporary Utility Service Each small telecommunications utility may render temporary service to a customer and may require the customer to bear all the cost of installing and removing the service in excess of any salvage realized. The length of temporary service shall be specified in the applicable tariffs on file with the Commission. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0110 Due and Payable Period (1) Each small telecommunications utility shall establish procedures to ensure that the period from the billing transmittal for all current charges, including payment of final bills, to the due date, is not less than 15 days. (2) If the bill is delivered by US mail, the due and payable period begins the day after the US Postal Service postmark or the day after the date of postage metering. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 16-2004, f. & cert. ef. 12-1-04 PUC 16-2003, f. & cert. ef. 10-1-03 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 4-1999, f. & cert. ef. 8-12-99 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0120 Late-Payment Charge (1) A small telecommunications utility may apply a late-payment charge to customer accounts not paid in full each month, provided the utility has filed the late-payment charge in its rate schedule. (2) The charge will be based on a monthly late-payment rate applied to overdue account balances at the time of preparing the subsequent month's bill for residential accounts or by the bill due date for all other accounts. The late-payment charge may not be applied to time-payment accounts that are current. The current late-payment rate and the conditions for its application to customer accounts must be specified on the utility bill. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.040 & 759.045 History: PUC 6-2009, f. & cert. ef. 5-5-09 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 4-1999, f. & cert. ef. 8-12-99 PUC 12-1997, f. & cert. ef. 10-30-97 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0130 Adjustment of Utility Bills (1) When a small telecommunications utility has incorrectly billed a retail customer, the utility must take corrective action as follows: (a) If the date of the error can be determined, the small telecommunications utility must issue a bill credit or refund for the over-charge or a corrected bill for the under-charge back to such date. If the date of the error cannot be determined, the small telecommunications utility must issue a refund or bill credit for the over-charge or rebill the under-charge for no more than six months’ usage. (b) In no event may a small telecommunications utility issue a corrected bill or refund for more than three years of incorrectly billed charges. (2) When a small telecommunications utility issues a bill to collect under-billed amounts, a customer may enter into a time-payment agreement as provided in OAR 860-034-0276. If the utility customer is already on a time-payment plan, the utility must offer to renegotiate the payment plan to include the under-billing error. If the customer and utility cannot agree upon payment terms, the Commission will establish terms and conditions to govern the customers’ obligation. (3) When a small telecommunications utility requires payment for amounts previously under-billed, the utility must provide a written notice that explains: (a) The circumstance and time period of the under-billing; (b) The corrected bill amount and the amount of the necessary adjustment, (c) The Commission’s consumer complaint process; and (d) The right for a customer to enter into a time-payment agreement with the utility. (4) The small telecommunications utility may waive rebilling or issuing a refund check when costs make such action uneconomical. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 5-2014, f. & cert. ef. 6-26-14 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 4-1999, f. & cert. ef. 8-12-99 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0160 Interest on Deposits for Residential and Nonresidential Utility Service (1) Each year, the Commission shall establish an annual interest rate that must be paid on customer deposits. The Commission will base the rate upon consideration of the effective interest rate for new issues of one-year Treasury Bills issued during the last week of October, the interest rate on the most recent issuance of one-year Treasury Bills, or the effective interest rate for the average yield of Treasury Bills of the closest term issued during the last week of October. This interest rate, rounded to the nearest one-half of one percent, shall apply to deposits held during January 1 through December 31 of the subsequent year. The Commission will advise all small telecommunications utilities of the changes in the rate to be paid on customer deposits held as needed. (2) Upon payment of a deposit, the small telecommunications utility shall provide the customer documentation showing the date, name of the applicant or customer, the service address, the amount of deposit, a statement that the deposit will accrue interest at the rate prescribed by the Commission, and an explanation of the conditions under which the deposit will be refunded. (3) If the deposit is held beyond one year, accrued interest will be paid by a credit to the customer’s account. If held less than one year, interest will be prorated. A small telecommunications utility shall keep a detailed record of each deposit received until the deposit is credited or refunded. Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 1987 Statutes/Other Implemented: ORS 759.045 & Ch. 290 & OL 1987 History: PUC 16-2004, f. & cert. ef. 12-1-04 PUC 16-2003, f. & cert. ef. 10-1-03 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 12-1997, f. & cert. ef. 10-30-97 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0170 Refund of Deposits for Residential and Nonresidential Utility Service (1) A small telecommunications utility shall promptly refund a customer’s deposit with accrued interest when utility service is terminated, provided a refund due shall first be applied to any unpaid balance on the customer’s account. (2) A small telecommunications utility may continue holding a deposit until credit is satisfactorily established or reestablished. For purposes of this rule, credit shall be considered to be established or reestablished if one year after a deposit is made: (a) The account is current; (b) Not more than two five-day disconnection notices were issued to the customer during the previous 12 months; and (c) The customer was not disconnected for nonpayment during the previous 12 months. (3) After satisfactory credit has been established or reestablished, the deposit plus any accrued interest shall be promptly refunded or credited to the customer’s account. A customer shall be entitled to a refund upon request. (4) When the customer moves to a new address within the small telecommunications utility’s service area, the deposit, plus accrued interest, will be transferred to the new account. (5) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer’s account at any time earlier than prescribed in this rule, provided that procedures followed by the small telecommunications utility are nondiscriminatory. (6) Unless otherwise specified by the customer, a small telecommunications utility shall mail deposit refunds to the customer’s last known address. The small telecommunications utility shall promptly honor a valid claim for payment of refund if the request is received within one year of the date utility service is terminated. Funds held beyond one year will be disposed of in accordance with ORS 98.316. Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 1987 Statutes/Other Implemented: ORS 759.045 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)