justicedao/ipfs_state_laws huggingface dataset:
860-034-0180 Grounds for Disconnecting Utility Service Utility service may be disconnected by a small telecommunications utility: (1) When the applicant or customer fails to pay a deposit or make payments in accordance with the terms of a deposit payment arrangement. (2) When the applicant or customer provides false identification to establish service, continue service, or verify identity. (3) When the customer fails to pay Oregon tariff or price listed charges due for services rendered. (4) When the customer fails to abide by the terms of a time payment agreement. (5) When the customer requests the small telecommunications utility to disconnect service or close an account. (6) When facilities provided are unsafe or do not comply with state and municipal codes governing service or the rules and regulations of the small telecommunications utility. (7) When dangerous or emergency conditions exist at the service premises under OAR 860-034-0200. (8) When there is evidence of diverting service or theft of service. (9) When the Commission approves the disconnection of service. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 9-2009, f. & cert. ef. 8-25-09 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)
860-034-0190 Voluntary Disconnection of Utility Service Every customer who is about to vacate any premises supplied with utility service by the small telecommunications utility, or who for any reason wishes to have such service discontinued, shall give five days’ notice in advance of specified date of discontinuance of service to the small telecommunications utility. Until the small telecommunications utility shall have such notice, the customer shall be held responsible for all utility service rendered. 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)
860-034-0200 Emergency Disconnection of Utility Service In emergencies endangering life or property, a small telecommunications utility may terminate utility service without following the procedures set forth in division 34. However, the small telecommunications utility shall immediately thereafter notify the Commission. In such cases, where the necessity for emergency termination was through no fault of the customer, there will be no charge made for restoration of utility service. 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)
860-034-0210 Disconnection of Utility Service on Weekends and Holidays Utility service shall not be disconnected for nonpayment on or the day prior to a weekend or a state or utility-recognized holiday Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 9-2001, f. & cert. ef. 3-21-01 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0220 Accounts Not Related to Residential Utility Service A small telecommunications utility may not deny or disconnect residential utility service due to the failure to pay for nonresidential utility service, or to meet obligations in connection with nonresidential utility service. 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)
860-034-0230 Reconnection Fee for Utility Service Where a utility service is disconnected pursuant to OAR 860-034-0180, the small telecommunications utility may charge the reconnection fee set forth in its tariff. 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)
860-034-0240 Transfer Billings (1) If a small telecommunications utility identifies a balance a customer owes the utility from the customer’s prior account for Oregon utility service, the small telecommunications utility may transfer the amount to the customer’s current account after giving the customer notice of the transfer, the amount due under the prior account, the period of time during which the balance was incurred, and the service address or telephone number under which the bill was incurred. The notice must also meet the provisions of OAR 860-034-0260(3)(d) and (e). If the bill is identified at the time a customer changes residences, the provisions of this rule apply. A small telecommunications utility may pursue disconnection for nonpayment of a customer’s current utility service only in compliance with 860-034-0260. (2) A small telecommunications utility shall make more liberal payment arrangements for customers on medical certificates who cannot reasonably be expected to pay the outstanding balance in the time otherwise applicable under this rule. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 4-1999, f. & cert. ef. 8-12-99 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0250 Refusal of Utility Service (1) Refusal of utility service by a small telecommunications utility: (a) A small telecommunications utility may refuse to provide service to a customer or applicant until the utility receives full payment of any overdue amount of an Oregon tariffed or price-listed charge and any other like obligation related to a prior account except for residential utility service applicants who are eligible for OTAP. (b) A small telecommunications utility may refuse to provide utility service to a residential customer or applicant who is eligible for OTAP until the utility receives full payment of any overdue amount relating to a prior account for tariffed local exchange and price-listed utility services, excluding any toll charges. (2) A small telecommunications utility may refuse to provide utility service until the utility receives payment when all the following circumstances exist: (a) An overdue balance has been incurred by a residential customer or applicant at a service address; (b) A residential applicant for utility service resided at the service address described in subsection (2)(a) of this rule during the time the overdue balance was incurred; and (c) The residential customer or applicant described in subsection (2)(a) of this rule will reside at the location to be served under the new application. (3) Any small telecommunications utility shall refuse to provide utility service if a customer or applicant has not complied with state and city codes and regulations governing service and with the small telecommunications utility’s rules and regulations. (4) A small telecommunications utility shall not provide utility service or materially change service to a customer if, in the utility’s best judgment, the desired service is likely to unfavorably affect service to other customers. (5) A small telecommunications utility shall refuse to serve a customer or applicant if, in the best judgment of the utility, the facilities of the customer or applicant cannot provide safe and satisfactory utility service. (6) When the small telecommunications utility refuses to provide utility service, the small telecommunications utility shall notify the customer or applicant of the reasons for refusal and of the Commission’s complaint process. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 22-2002, f. & cert. ef. 12-9-02 PUC 15-2001, f. & cert. ef. 6-21-01 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)
860-034-0275 Termination of Local Exchange Residential Service for Telecommunications Customers at Significant Risk (1) "At significant risk" means: (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), (1)(d), or (1)(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), (1)(d), or (1)(e); or (e) A victim of stalking, as described in ORS 163.732. (2) To establish that termination of local exchange residential service would significantly endanger the customer, or a person in the household of the customer, the customer must give the small telecommunications utility: (a) A copy of an order issued under ORS 30.866, 107.700 to 107.732, 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, at significant risk; or (b) 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, due to a significant risk; and (c) 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. The affidavit must include the name of the person to whom the court order applies, the relationship of the person to the customer, and the expiration date of the order. (3) A small telecommunications utility must establish and maintain procedures for receiving affidavits and orders from customers. (4) A customer submitting an affidavit under section (2) of this rule: (a) Remains responsible for payment of telecommunication services provided by the small telecommunications utility; and (b) Must enter into a time payment agreement with the small telecommunications utility pursuant to OAR 860-034-0276 if the customer has an overdue balance. This time payment agreement must be made within 10 days after submission of the affidavit. (5) If a customer who has submitted an affidavit and order fails to enter into or abide by the terms of a time payment agreement pursuant to OAR 860-034-0276, the small telecommunications utility may disconnect local exchange service after complying with all provisions of OAR 860-034-0260. Five days' notice of disconnection must also be provided to the Commission's Consumer Services Section. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: Ch. 290 & OL 2005 History: PUC 2-2006, f. & cert. ef. 2-27-06 PUC 4-2005(Temp), f. 8-22-05, cert. ef. 9-1-05 thru 2-27-06
860-034-0276 Time Payment Agreements for Small Telecommunications Utilities (1) A time payment agreement must contain, at a minimum, the following terms: (a) An initial customer down payment of $10 or 25 percent of the balance owing for tariffed or price-listed small telecommunications utility services on file with the Commission, whichever is greater; (b) Full payment of the overdue balance within 90 days of the date of the agreement; and (c) Customer agreement to keep subsequent bills current. (2) The small telecommunications utility must send a letter to the customer confirming the terms of the time payment agreement. (3) Payments must be made on a monthly basis. The small telecommunications utility cannot require more frequent payments unless agreed to by the customer. The customer cannot extend the time payment agreement beyond 90 days without the consent of the small telecommunications utility. (4) The small telecommunications utility may not accelerate payments under a time payment agreement when the customer changes residences. The customer must pay tariff charges associated with the change in residence. (5) The small telecommunications utility may terminate the customer’s local exchange residential service pursuant to OAR 860-034-0260 if the customer refuses to enter into or fails to abide by the terms of the time payment agreement. The small telecommunications utility must provide five days’ notice to the Commission’s Consumer Services Section. (6) Nothing in this rule prevents a small telecommunications utility and a customer from entering into a time payment agreement for other charges. Statutory/Other Authority: ORS 183, 756, 759 & Ch. 290 & OL 2005 Statutes/Other Implemented: ORS 756.040, 757.750, 757.760, 757.755, Ch. 290, OL 1987 & Ch. 290 & OL 2005 History: PUC 3-2006, f. & cert. ef. 2-27-06
860-034-0280 Telephone Solicitation Notices by Small Telecommunications Utilities Each small telecommunications utility shall notify its residential customers of the provisions of ORS 646.561, 646.563, 646.567 through 646.578, and 646.608. The notice shall include a statement that a customer not wishing to be solicited may file a request, together with the required fees, with the telephone solicitation program administrator contracted by the State Attorney General. The notice shall include the address and the telephone number for the customer to contact the telephone solicitation program administrator. The notice shall be provided in the following manner and a copy shall be forwarded to the Commission: (1) Annual inserts in the billing statements mailed to parties; or (2) Conspicuous publication of the notice in the consumer information pages of local telephone directories. Statutory/Other Authority: ORS 183, 646, 756 & 759 Statutes/Other Implemented: ORS 646.578 & 759.045 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 3-2001, f. & cert. ef. 1-24-01 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0310 Announcement of Rate Increases by Small Telecommunications Utilities (1) A small telecommunications utility that increases any rate contained in a tariff schedule must notify its affected customers at least 45 days before the proposed effective date of the increase. A copy of such notification must at the same time be provided to the Commission. (2) The small telecommunications utility must notify its customers by: (a) Inserting an announcement in the small telecommunications utility's regular billing to its customers; or (b) Mailing an announcement to each customer. (3) The announcement must contain the following information: (a) The list of services subject to increase, current and proposed rates, and amount and percentage of increase for each service; (b) The reasons for the proposed rate increase; (c) The effective date of the proposed rate increase; (d) The Commission's toll-free telephone number and address; and (e) The following statement: "Customers may petition the Public Utility Commission of Oregon to investigate the rate increase. The Commission will investigate the rate increase if it receives petitions signed by customers (10 percent of customers or 500, whichever is the lesser), on or before (ten days before the proposed effective date). If the Commission does not receive sufficient petitions by (ten days before the proposed effective date), the proposed rates will become effective on (the proposed effective date) without Commission review. Petitions should be sent to the Commission's Consumer Services Division. The Company will provide a current copy of the local exchange directory and its service territory map within ten days of a request from any customer." Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 6-2009, f. & cert. ef. 5-5-09 PUC 11-2003, f. & cert. ef. 7-3-03 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 8-1999, f. & cert. ef. 10-18-99 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0320 Notice to Interested Persons of Tariffs Filed Under ORS 759.175 by Small Telecommunications Utilities (1) This rule applies to any tariff filed under ORS 759.175. (2) Any person who requests of the Commission, in writing, to be notified of a small telecommunications utility’s tariff filings covered under section (1) of this rule must be included on a notice list. (3) The Commission must notify all persons on the notice list referred to in section (2) of this rule of any applicable tariff filing. The notice will be given within ten days of any tariff filing under section (1) of this rule that complies with OAR 860-034-0300. (4) The Commission may periodically delete names of persons from the notice list who do not demonstrate a continued interest in receiving the notices set forth in section (2) of this rule. No person’s name may be deleted from the list without 20 days’ notice before deletion. (5) The notice must include the following information: (a) Name of the filing small telecommunications utility; (b) Subject; (c) Advice number; (d) Filing date; (e) Effective date; (f) Customer classes affected, if readily ascertainable from the small telecommunications utility’s advice letter; and (g) Whether the tariff schedule is primarily related to price competition or a service alternative, if readily ascertainable from the small telecommunications utility’s advice letter. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 History: PUC 18-2004, f. & cert. ef. 12-30-04 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)
860-034-0325 Requests to Abandon, Exempt from Regulation, or Price-List Regulated Telecommunications Services A small telecommunications utility is subject to the requirements set forth in OARs 860-032-0020, 860-032-0023, 860-032-0025, and 860-032-0035. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.020, 759.030, 759.035, 759.045, 759.050, 759.190 & 759.195 History: PUC 15-2001, f. & cert. ef. 6-21-01
860-034-0340 Relating to Local Government Fees, Taxes, and Other Assessments Imposed Upon a Small Telecommunications Utility or Type 2 Cooperative (1) "Taxes," as used in this rule, means sales, use, net income, gross receipts, payroll, business or occupation taxes, levies, fees, or charges other than ad valorem taxes. (2) For a Type 2 cooperative: If any county in Oregon, other than a city-county, should impose upon a Type 2 cooperative any taxes or license, franchise, or operating permit fees, the Type 2 cooperative may not collect such assessments from joint rates or rates for through services. (3) For a small telecommunications utility: (a) If any county in Oregon, other than a city-county, should impose upon a small telecommunications utility any new taxes or license, franchise, or operating permit fees, or increase any such taxes or fees, the small telecommunications utility required to pay such taxes or fees shall collect from its customers within the county imposing such taxes or fees the amount of the taxes or fees, or the amount of increase in such taxes or fees. However, if the taxes or fees cover the operations of a small telecommunications utility in only a portion of a county, then the affected utility shall recover the amount of the taxes or fees or increase in the amount thereof from customers in the portion of the county which is subject to the taxes or fees; (b) The amount collected from each small telecommunications utility customer pursuant to section (3)(a) of this rule shall be separately stated and identified in all customer billings; (c) This rule applies to new or increased taxes imposed on and after December 16, 1971, including new or increased taxes imposed retroactively after that date; Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 & 759.500 - 759.675 History: PUC 6-2011, f. & cert. ef. 9-14-11 PUC 18-2004, f. & cert. ef. 12-30-04 PUC 17-2001, f. & cert. ef. 6-21-01 PUC 7-1998, f. & cert. ef. 4-8-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0380 Maintenance of Plant and Equipment by Small Telecommunications Utilities Each small telecommunications utility shall have and maintain its entire plant and system in such condition that it will furnish safe, adequate, and reasonably continuous service. Each small telecommunications utility shall inspect its plant distribution system and facilities in such manner and with such frequency as may be needed to ensure a reasonably complete knowledge about their condition and adequacy at all times. The small telecommunications utility shall keep such records of the conditions found as the utility considers necessary to properly maintain its system, unless in special cases the Commission requires a more complete record. Statutory/Other Authority: ORS 183, 756 & 759 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)
860-034-0392 Accounting for Directors’ Fees by Small Telecommunications Utilities Directors’ fees paid by a small telecommunications utility to members of its board of directors, who are also paid as officers of the utility, shall not be recognized as a charge to operating expenses in Oregon. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.045 History: PUC 15-2001, f. & cert. ef. 6-21-01 PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0500 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0393 Uniform System of Accounts for Small Telecommunications Utilities (1) The Uniform System of Accounts for Telecommunications Companies, Part 32, adopted by the Federal Communications Commission (FCC) on February 6, 2002, is hereby adopted and prescribed for all Type 2 cooperatives utilities except as modified for intrastate purposes in sections (2) through (5) of this rule. (2) A Type 2 cooperative may follow Class B accounting except when Class A accounting is needed to complete intrastate depreciation and jurisdictional separation studies, to provide the details requested in annual reports under OAR 860-034-0750, and to comply with other Oregon rules and statutes. (3) The allocation rules in Part 32, Section 32.27, are replaced by OAR 860-034-0740(3). (4) For construction work in progress and property held for future use, each Type 2 cooperative shall maintain subsidiary records consistent with ORS 759.285. (5) Each Type 2 telecommunications cooperative shall maintain subsidiary records sufficient to identify the following universal service fund collection, revenues, and expenses: (a) [Reserved]. (b) Federal universal service fund collection (Account 5081). (c) Federal universal service fund contribution (Account 6540). (d) State universal service fund collection and contribution (Account 4010). (e) Interstate and intrastate switched access revenue (Account 5082). (f) Interstate and intrastate special access revenue (Account 5083). (g) [Reserved]. (h) Distributions from the federal USF and the Oregon USF. (i) Depreciation expenses related to telecommunications plant in service, depreciation expense related to property held for future use, and amortization expense. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.045 History: PUC 3-2013, f. & cert. ef. 5-17-13 PUC 8-2010, f. & cert. ef. 12-20-10 PUC 14-2002, f. & cert. ef. 3-26-02 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 4-2001, f. & cert. ef. 1-24-01 PUC 16-2000, f. & cert. ef. 9-12-00 PUC 9-2000, f. & cert. ef. 5-26-00 PUC 3-2000, f. & cert. ef. 2-9-00 PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0510 PUC 6-1998, f. & cert. ef. 3-13-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)