justicedao/ipfs_state_laws huggingface dataset:
860-034-0395 Annual Report Requirements for Small Telecommunications Utilities Small telecommunications utilities shall submit annual reports. The report Form O for the previous calendar year shall be submitted on or before April 1, using the most current forms approved by the Commission. The intrastate report Form I for the previous calendar year shall be submitted on or before October 31, using the most current form approved by the Commission. [ED. NOTE: Forms referenced are available from the Agency.] 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 19-2000, f. & cert. ef. 12-28-00 PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0530 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 3-1995, f. & cert. ef. 6-19-95 (Order No. 95-516) PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0396 Reporting of Affiliated Transactions by Small Telecommunications Utilities (1) By April 1, on forms approved and provided by the Commission, all small telecommunications utilities shall file with the Commission a list of all affiliated interest contracts executed during the period from January 1 through December 31 of the immediately 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. (2) As used in this rule, "affiliated interest transactions" mean transactions between affiliated interests as defined by ORS 757.015 and 759.010. [ED. NOTE: Forms referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.045 History: PUC 18-2001, f. & cert. ef. 6-21-01 PUC 8-2001, f. & cert. ef. 3-21-01 PUC 3-1999, f. & cert. ef. 8-10-99, Renumbered from 860-034-0550 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0400 Maps and Records of Small Telecommunications Utilities and Telecommunications Cooperatives (1) Each small telecommunications utility and telecommunications cooperative shall keep on file current maps and records of the entire plant showing size, location, character, and date of installation of major plant items. (2) Upon request, each small telecommunications utility and telecommunications cooperative shall file with the Commission an adequate description or maps to define the territory served. All maps and records, which the Commission may require the small telecommunications utility or telecommunications cooperative to file, shall be in a form satisfactory to the Commission. Statutory/Other Authority: ORS 183, 756, 758 & 759 Statutes/Other Implemented: ORS 756.040, 758.215 & 759.045 History: PUC 13-2002, f. & cert. ef. 3-26-02 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0420 Location of Underground Facilities A small telecommunications utility or telecommunications cooperative and its customers shall comply with requirements of chapter 952 regarding the prevention of damage to underground facilities. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 757.542 - 757.562 & 759.045 History: PUC 23-2001, f. & cert. ef. 10-11-01 PUC 12-1999, f. & cert. ef. 11-18-99 PUC 12-1998, f. & cert. ef. 5-7-98 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0430 Construction, Safety, and Reporting Standards for Small Telecommunications Utilities and Telecommunications Cooperatives Every small telecommunications utility and telecommunications cooperative shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024. Statutory/Other Authority: ORS 183, 654, 756, 757 & 759 Statutes/Other Implemented: ORS 654.715, 757.035 & 759.045 History: PUC 23-2001, f. & cert. ef. 10-11-01 PUC 7-1997, f. & cert. ef. 2-6-97 PUC 13-1994, f. & cert. ef. 8-31-94 (Order No. 94-1243) PUC 3-1994, f. & cert. ef. 1-14-94 (Order No. 94-074) PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0440 Applicability and Formal Requirements for Small Telecommunications Utilities and Telecommunications Cooperatives (1) The rules contained in this division are auxiliary to and supplemental to the rules contained in divisions 011 through 014 of this chapter, Practice and Procedure, and all applications or petitions for approval of contracts or amendments thereto, allocations of territory, assignment or transfer of rights acquired pursuant to an allocation of territory, and all other pleadings filed with the Commission pursuant to ORS 759.500 to 759.595 inclusive, are governed by the rules in divisions 011 through 014 of this chapter, Practice and Procedure, except as provided in sections (2) and (3) of this rule. (2) All applications and petitions must contain the full and correct name and business address of the applicant or petitioner. (3) An original and three conformed of all applications and petitions, as well as supplemental electronic copies, must be filed with the Commission. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.045 & 759.500 - 759.675 History: PUC 18-2004, f. & cert. ef. 12-30-04 PUC 13-2002, f. & cert. ef. 3-26-02 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0450 Applications for Approval of Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 759.500 through 759.595 for an order of the Commission approving a contract authorized thereunder shall contain in addition to the contract, if not contained therein, the following information: (1) A map or maps, to appropriate scale, showing the general location and boundaries of the respective applicant’s service areas. (2) A map or maps, to appropriate scale, showing the location of customers who are being served by either or both of the parties, or who could be economically served by the then existing facilities of either party, or by reasonable and economic extensions thereto, who are covered by the contract. (3) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, designating the boundaries of the territory to be served by each party to the contract. Such legal description of boundary lines may be drawn and described: (a) To eliminate minor irregularities in the boundary of each party when to do so will include within each party’s territory, only that unserved area which may be economically served by the then existing facilities of the respective parties or by reasonable and economic extensions thereto; and (b) In the case of persons providing utility service who have entered into exchange boundary agreements before May 31, 1961, to define mutually exclusive exchange service areas, the area affected by such agreement may be described by reference to the exchange area map in that agreement. However, the applicant shall not be relieved by such reference from showing that it can economically serve the unserved areas within the exchange area map with its existing facilities or by a reasonable and economic extension thereto. (4) A description of the equipment and facilities of each party, which are the subject of sale, exchange, transfer, or lease pursuant to the contract and the consideration to be paid therefore. (5) Facts showing that the contract will eliminate or avoid unnecessary duplicating facilities, and will promote the efficient and economic use and development and the safety of operation of the utility service systems of the parties to the contract, while providing adequate and reasonable service to all territories and customers affected thereby. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.045 & 759.500 - 759.595 History: PUC 13-2002, f. & cert. ef. 3-26-02 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 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0460 Applications for Approval of Amendments to Contracts to Avoid or Eliminate Duplicate Utility Service for Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under 759.530 for a Commission order approving an amendment to a contract approved pursuant to 759.510 to 759.520, inclusive, shall contain the amendatory contract and such information required by OAR 860-034-0450 as is pertinent to the Commission in making a decision thereon. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.045 & 759.530 History: PUC 13-2002, f. & cert. ef. 3-26-02 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)
860-034-0470 Applications for Allocation of Exclusively Served Territory by Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 759.535 for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory shall contain the following information: (1) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the applicant’s service area. (2) A map or maps, drawn to appropriate scale, showing the location of the applicant’s customers and facilities in the vicinity of the boundaries of the territory applied for in sufficient detail to enable the Commission to determine the boundaries of that territory served exclusively by applicant. (3) A description by county, section lines, river, highway, road, street, or metes and bounds, where applicable and necessary, of the boundaries of applicant’s exclusive service area. Such map and legal description of boundary lines may be drawn and described to eliminate minor irregularities in the boundary. (4) Facts showing that applicant is lawfully and in good faith providing exclusive utility service within the area described in the application and that no other person is providing a similar utility service within such territory. (5) Such additional information as needed for a full understanding of the situation. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.045 & 759.535 History: PUC 13-2002, f. & cert. ef. 3-26-02 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)
860-034-0480 Applications for Allocation of Unserved Territory for Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 759.535, for an order of the Commission to allocate territory to a person providing exclusive utility service in a territory and adjacent unserved territory, shall contain the following information: (1) The information required under OAR 860-034-0470. (2) A map or maps similar to that required by OAR 860-034-0470(2) and description comparable to that required by OAR 860-034-0470(3), showing and describing the boundary of the adjacent unserved territory covered by the application. (3) The names and addresses of all persons providing similar utility service in proximity to the unserved area applied for who may have an interest in or be affected by an approval or disapproval of the application. (4) Facts showing that it is more economical and feasible to serve the adjacent unserved territory by an extension of the applicant’s existing facilities than by an extension of the facilities of another person, including but not limited to the following: (a) A map or maps, drawn to appropriate scale, showing location and capability of equipment, plant, or facilities including the capability, location, and route of proposed facilities, if any, which relate to the applicant’s ability to extend utility service into the adjacent unserved area. (b) Copies of such franchises or permits as the appropriate public authorities may require for extending service into the adjacent unserved area, or a statement that they will be filed at the hearing or a statement that no such authority is required by said public authorities. (c) The kind or nature and extent of the need or demand, or reasonably anticipated need or demand, for utility service within the unserved area. (d) The estimated construction, operating, and related costs of and revenues from providing the proposed utility service within the unserved area. (5) Such additional information as needed for a full understanding of the situation. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.045 & 759.535 History: PUC 13-2002, f. & cert. ef. 3-26-02 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)
860-034-0490 Applications to Transfer Rights to Allocated Territory for Small Telecommunications Utilities and Telecommunications Cooperatives For purposes of this rule, "utility service" means telecommunications utility service as defined in ORS 759.500(3). An application under ORS 759.560 for an order of the Commission to approve the transfer of rights acquired by an allocation of territory shall contain the following information: (1) A statement of the purposes for the transfer, the supporting reasons therefore and a detailed explanation thereof justifying why the transfer will not be contrary to the public interest. (2) A copy of all written evidence and a statement of all oral understanding comprising the agreement between the transferor and transferee covering the transfer of the territory described in the application and sought to be transferred. (3) A map or maps, drawn to appropriate scale, showing the general location and boundaries of the allocated territory sought to be transferred and the transferor’s and transferee’s adjacent service areas. (4) A map or maps, drawn to appropriate scale, showing: (a) The number and, as practicable, the location of customers and equipment or facilities of the transferor with a detailed description of such equipment or facilities within the territory sought to be transferred; and (b) The location of equipment or facilities of the transferor and transferee, with a detailed description of the same, which are in the territory immediately adjacent to that sought to be transferred and which are or will be interconnected therewith. (5) A legal description comparable to that required in OAR 860-034-0470(4) of the boundaries of the territory sought to be transferred. (6) A legal description comparable to that required in OAR 860-034-0470(4) of the resulting boundaries of the remaining allocated portion of the parcel of the transferor’s territory where the territory sought to be transferred is only part of a parcel of transferor’s allocated territory and a similar description of the resulting boundaries of the transferee’s allocated territory where the territory sought to be transferred will be contiguous to a parcel of transferee’s allocated territory. (7) A copy of each franchise and permit, as the appropriate public authorities may require, authorizing the transferee to serve in the territory sought to be transferred, or evidence of the approval of the appropriate public authorities of the transfer to the transferee of the transferor’s franchise or permit to serve the territory sought to be transferred. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.045 & 759.560 History: PUC 13-2002, f. & cert. ef. 3-26-02 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 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0495 Application by an Unserved Person for Service from a Small Telecommunications Utility An application under ORS 759.590 for an order of the Commission directing another telecommunications utility to provide local exchange service to an unserved person shall comply with OAR 860-032-0220. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.045, 759.580, 759.585, 759.590 & 759.595 History: PUC 13-2002, f. & cert. ef. 3-26-02
860-034-0505 Attachments to Poles and Conduits Owned by Public, Telecommunications, and Consumer-Owned Utilities Pole and conduit attachments shall comply with the rules set forth in OAR chapter 860, division 028. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040, 757.270 - 757.290, 759.045 & 759.650 - 759.675 History: PUC 23-2001, f. & cert. ef. 10-11-01
860-034-0580 Preservation and Destruction of Records for Small Telecommunications Utilities and Type 2 Cooperatives The Regulations to Govern the Preservation of Records of Communication Common Carriers, Part 42, 47 Code of Federal Regulations Chapter 1 (October 1, 2003, edition) is hereby adopted and prescribed by the Commission for all small telecommunications utilities and Type 2 telecommunications cooperatives. [Publications: Publications referenced are available from the Agency.] Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.045 & 759.225 History: PUC 15-2004, f. & cert. ef. 10-28-04 PUC 15-2001, f. & cert. ef. 6-21-01 PUC 8-2000, f. & cert. ef. 5-26-00 PUC 3-1999, f. & cert. ef. 8-10-99 PUC 6-1993, f. & cert. ef. 2-19-93 (Order No. 93-185)
860-034-0600 Definitions for Depreciation Guidelines for Small Telecommunications Utilities and Type 2 Cooperatives As used in OARs 860-034-0600 through 860-034-0670: (1) “Exception” means a rate for the depreciation of an investment made by a small telecommunications utility or Type 2 cooperative that exceeds the guideline rate. “Exception” also includes a rate for amortization of retired investment if the rate of amortization exceeds the otherwise applicable guideline rate for depreciation of that investment. (2) “File” means compliance with Commission rules. (3) “Guidelines” means the standards used by this Commission to determine rates for the depreciation of investment made by a small telecommunications utility or Type 2 cooperative to provide a through service. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.135, 759.220 & 759.225 History: PUC 18-2004, f. & cert. ef. 12-30-04 PUC 15-2001, f. & cert. ef. 6-21-01 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)
860-034-0610 Revision of Depreciation Guidelines During February of 1995 and every three years thereafter, the Commission will open a docket to consider changes to the guidelines. The Commission will hold a prehearing conference to establish dates to resolve the issues. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.135, 759.220 & 759.225 History: PUC 12-1998, f. & cert. ef. 5-7-98 PUC 12-1994, f. & cert. ef. 8-31-94 (Order No. 94-1242)
860-034-0620 Filing Deadlines for a Request for an Exception by a Small Telecommunications Utility or Type 2 Cooperatives (1) A small telecommunications utility or Type 2 cooperative requesting an exception from the depreciation guidelines for one or more calendar years shall file a request for an exception on or before June 1 of the year preceding the first calendar year for which it seeks an exception. (2) A small telecommunications utility or Type 2 cooperative may file a request for an exception after June 1 only if the Commission grants a motion to file out of time. The Commission may grant such a motion if the small telecommunications utility or Type 2 cooperative shows good cause for its failure to file timely and if the Commission concludes it has sufficient time to rule on the request on or before December 31 of the year preceding the first calendar year for which the small telecommunications utility or Type 2 cooperative seeks an exception. (3) If the Commission grants a motion to file out of time, the time line set forth in OARs 860-034-0640 through 860-034-0660 shall begin on the date of the order granting the motion. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 15-2001, f. & cert. ef. 6-21-01 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)
860-034-0630 Information to be Included With a Request for an Exception Filed Under OAR 860-034-0620 Information included with filing a request for an exception, at a minimum, shall: (1) State the account(s) for which the small telecommunications utility or Type 2 cooperative seeks the exception; (2) State the number of calendar years for which the small telecommunications utility or Type 2 cooperative seeks the exception; and (3) Include an engineering analysis, economic analysis, or both, or other support for the exception. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 15-2001, f. & cert. ef. 6-21-01 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)
860-034-0640 Review by Staff of a Request for an Exception Filed Under OAR 860-034-0620 On or before the 30th day following the filing of a request for an exception, staff shall issue a written response to the small telecommunications utility or Type 2 cooperative stating whether staff recommends approval or denial of the request. (1) If staff recommends approval, it shall, within 15 days of notifying the small telecommunications utility or Type 2 cooperative of the recommendation, place on a Public Meeting agenda a recommendation that the Commission approve the request. (2) If staff recommends denial, it shall provide written notice to the small telecommunications utility or Type 2 cooperative of such recommendation, specify the reason(s) therefore, and provide to the small telecommunications utility or Type 2 cooperative all documents, including, but not limited to, workpapers, studies, calculations, and internal memoranda which support its recommendation. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 15-2001, f. & cert. ef. 6-21-01 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)
860-034-0650 Petition to Open Depreciation Docket If staff recommends denial of a request for an exception, a small telecommunications utility or Type 2 cooperative may file a petition with the Commission requesting that the Commission open a docket to determine whether to grant the exception. The small telecommunications utility or Type 2 cooperative shall file its petition with both the Administrative Hearings Division and staff on or before the 20th day following the small telecommunications utility’s or Type 2 cooperative’s receipt of staff’s notification of recommended denial. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.220 & 759.225 History: PUC 15-2001, f. & cert. ef. 6-21-01 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)