860-033-0045 OTAP Compensable Expenses (1) The Eligible Telecommunications Provider may be compensated for the State of Oregon benefit provided to each customer enrolled in OTAP by the Commission. If an Eligible Telecommunications Provider offers OTAP supported service at no charge to the low-income customer, the Commission may authorize compensation for the basic service and broadband internet access service provided to each eligible customer. (a) An Eligible Telecommunications Provider offering OTAP supported service at no charge to the low-income customer that is authorized to seek compensation must provide detailed information on the basic service and broadband internet access service provided to each eligible customer for which it seeks compensation. (b) An Eligible Telecommunications Provider must report the average monthly usage of voice minutes and data by its OTAP customers to the Commission in an electronic format that is accessible to the public. (2) To receive compensation as described in section (1) of this rule, an Eligible Telecommunications Provider must submit a monthly OTAP Reimbursement Form on or before the eighth calendar day after the close of the month. The Eligible Telecommunications Provider must provide a listing of all OTAP and Lifeline customers for which the Eligible Telecommunications Provider seeks compensation in an electronic format accessible by the Commission. The listing must include the account number, residential address, service type, service initiation date and Commission-assigned OTAP Identification Number. (3) An Eligible Telecommunications Provider must submit any revisions to a previously filed OTAP Reimbursement Form no later than three years from its date. If the Commission concludes that refund is due to an Eligible Telecommunication Provider based on the revised OTAP Reimbursement Form and that the refund would have a material adverse financial impact on the RSPF, the Commission may enter into an agreement with the Eligible Telecommunications Provider to spread payment of the refund over a period of time not to exceed three years. (4) If the Commission overcompensates an Eligible Telecommunications Provider, the Eligible Telecommunications Provider must immediately return the excess RSPF funds once it notifies the Commission or is notified by the Commission of the overcompensation. (a) If the Commission overcompensates the Eligible Telecommunications Provider as a result of Commission error and the Eligible Telecommunications Provider upon notification of the overcompensation immediately returns the excess RSPF funds, the Eligible Telecommunications Provider is not required to pay interest on the excess RSPF funds. (b) If the Commission overcompensates the Eligible Telecommunications Provider as a result of Commission error and upon notification the Eligible Telecommunications Provider does not immediately return the excess RSPF funds, the Eligible Telecommunications Provider must pay interest on the excess RSPF funds at the rate set forth in OAR 860-001-0050. (c) If the Commission overcompensates the Eligible Telecommunications Provider as a result of actions by the Eligible Telecommunications Provider, including, but not limited to, the filing of an incorrect reimbursement form, then upon notification the Eligible Telecommunications Provider must immediately return the excess RSPF funds and pay interest on the excess RSPF funds at the rate set forth in OAR 860-001-0050. (5) Notice of Proposed Assessment: (a) If the Eligible Telecommunications Provider is overcompensated and does not timely return the excess RSPF funds as described in section (4) of this rule, the Commission may issue a notice of proposed assessment for the amount due. (b) To request a hearing on the notice of proposed assessment, the Eligible Telecommunications Provider must 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. Factual matters not denied will be considered admitted, and failure to raise a defense will be a waiver of the defense. The Commission must receive the request for hearing within 30 days of the date that the notice of proposed assessment was mailed. (c) If the Eligible Telecommunications Provider timely files a written request for a hearing under subsection (b) of this section, the Commission will grant the Eligible Telecommunications Provider a hearing and provide 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. (6) If the Commission does not receive a written request for hearing within 30 days, the Commission will enter an order on default based on information in the Commission’s files. Any amount assessed by the Commission in an order on a notice of proposed assessment is due and payable ten days after the issue date of the order. (7) The Commission may suspend or cancel a telecommunications provider’s certificate of authority to provide telecommunications service or suspend or revoke an eligible telecommunications provider’s designation for failure to timely return excess RSPF funds. 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 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 18-1997, f. & cert. ef. 12-17-97 PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)