justicedao/ipfs_state_laws huggingface dataset:
860-032-0097 Estimated Annual Fees Payable to the Commission (1) For any year in which a competitive provider 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. However, if the competitive provider failed to obtain a certificate of authority, an audit may occur at any time. (2) The Commission must provide written notice of the proposed annual fee to the competitive provider. (3) Within 30 days after service of the notice of proposed annual fee, the competitive provider may file a petition with the Commission for a hearing. In its petition, the competitive provider 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 competitive provider has not filed a petition by the end of the 30-day period, the proposed annual fee is due and payable. (5) During the 30-day period allowed for filing a petition, the competitive provider 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
860-032-0190 Definition of Basic Telephone Service (1) Purpose of rule. This rule defines the term "basic telephone service" pursuant to Ch. 1093, Laws of 1999 (SB 622), Section 23(1), as the term is used in Ch. 1093, Laws of 1999 (SB 622), Sections 23 through 38. (2) "Basic telephone service" means retail telecommunications service that is single party, has voice grade or equivalent transmission parameters and tone-dialing capability, provides local exchange calling, and gives customers access to but does not include: (a) Extended area service (EAS); (b) Long distance service; (c) Relay service for the hearing and speech impaired; (d) Operator service such as call completion assistance, special billing arrangements, service and trouble assistance, and billing inquiry; (e) Directory assistance; and (f) Emergency 9-1-1 service, including E-9-1-1 where available. (3) The following are classified as basic telephone service, whether sold separately or in a package: (a) Residential single party flat rate local exchange service; (b) Business single party flat rate local exchange service, also known as "simple" business service; (c) Residential single party measured local exchange service, including local exchange usage; (d) Business single party measured local exchange service, including local exchange usage; (e) Private branch exchange (PBX) trunk service; (f) Multiline or "complex" business service; and (g) Public access line (PAL) service. (4) Services that are not considered basic telephone service include but are not limited to the following: (a) Integrated Services Digital Network (ISDN) service; (b) Digital subscriber line service, also known as xDSL service; (c) Frame relay service; (d) Centrex-type service; (e) Private line or dedicated point-to-point service; (f) Packet switched service; (g) Foreign exchange service; (h) Multiparty service, such as two-party and four-party suburban service; and (i) Custom calling features, such as call waiting and caller ID. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 759.005 & 759.400 History: PUC 15-2001, f. & cert. ef. 6-21-01, Renumbered from 860-032-0260 PUC 11-2000, f. & cert. ef. 5-31-00 PUC 15-1999(Temp), f. 12-15-99, cert. ef. 12-30-99 thru 6-26-00
860-032-0200 Essential Services (1) For purposes of ORS 759.195, a local exchange service is essential if customers require it to efficiently establish, sustain, or discontinue a telecommunications service by means of the public network. The public network is comprised of a system of interconnected telecommunications channels held out by a local exchange carrier for use by the general public. (2) A local exchange service is essential if the service is essential for one or more local customer classes. (3) If essential and potentially price-listed services are packaged together, the entire package is eligible to be considered for price listing if each essential service in the package is readily available to customers on a separate basis and the package price is equal to or greater than the tariffed rate(s) for the essential service(s) plus the long-run incremental cost(s) of the price-listed service(s). (4) Any new service is presumed to be potentially price listed until the Commission determines otherwise. A service is not new if it merely repackages or renames an existing service. (5) A service can only be discontinued pursuant to OAR 860-032-0020, whether the service is essential or potentially price listed. (6) The following are essential services: (a) Residential Flat; (b) Residential Measured; (c) Residential Multiparty; (d) Suburban; (e) Farmer Line; (f) Business Simple; (g) Business Complex; (h) Public Access Line; (i) Tone Dialing (Touch Tone); (j) Hunting; (k) Direct Inward Dialing; (l) Conditioning; (m) Intercept Announcement and Referral; (n) Directory Listing (White and Yellow Pages); (o) Privacy Listing; (p) Directory Assistance; (q) Emergency (9-1-1); (r) Switched Access Service; and (s) Toll Restriction. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.1905 History: PUC 2-1999, f. & cert. ef. 8-10-99 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 1-1994, f. & cert. ef. 1-5-94 (Order No. 94-040) PUC 18-1988, f. & cert. ef. 12-29-88 (Order No. 88-1522)
860-032-0220 Application for Service by Unserved Person (1) Applications under ORS 759.590 for an order of the Commission directing another telecommunications utility to provide local exchange service to an unserved person shall contain the following information: (a) The name, address (both a physical address to which service is requested and a mailing address), and telephone number (if any) of the applicant or unserved person. (b) The name of the telecommunications utility in whose service territory the applicant is located, if known. (c) The name of the telecommunications utility who is willing to provide local exchange service to the applicant, if any. (d) Such information and supporting data needed for the Commission to make the findings described in ORS 759.595(1), including, if known: (A) The line extension charges or other facilities installation charges estimated by the telecommunications utility in whose territory the applicant is located; and (B) The line extension charges or other facilities installation charges estimated by the telecommunications utility from which the applicant seeks local exchange service. (2) The application shall be signed by the applicant, or the applicant’s agent or attorney. (3) An original and two copies of the application shall be filed with the Commission. (4) The applicant shall mail or otherwise serve a copy of the application on the telecommunications utility in whose territory the applicant is located and the telecommunications utility from which the applicant seeks local exchange service. (5) The Commission shall, upon request of the applicant or any telecommunications utility affected by granting the application, hold a hearing to determine whether the application should be granted. Also, the Commission may hold such a hearing on its own initiative. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040, 759.580, 759.585, 759.590 & 759.595 History: PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 5-1993, f. & cert. ef. 2-19-93 (Order No. 93-184)
860-032-0230 Pay Telephones (1) This rule does not apply to pay telephones located within inmate areas of jails, prisons, or similar institutions. (2) A pay telephone must allow free access to emergency 9-1-1 and must not limit the duration of calls to 9-1-1. (3) Unless the pay telephone is restricted to local calling: (a) Access to all available alternative interLATA and intraLATA long distance carriers via l0XXX+0 dialing must be allowed where equal access exists, and (b) In all areas access to all available alternative interLATA and intraLATA long distance carriers must be allowed via “800” and 950-XXXX numbers. (4) Pay telephones must carry a label which includes: (a) The owner and the number to call for reporting problems; (b) Notification if the pay telephone provider has knowledge of extensions which enable eavesdropping on calls; (c) The price of a local call; (d) Any toll or local calling time duration restrictions; (e) Notification if the pay telephone will reject incoming calls; (f) The presubscribed interLATA and intraLATA long distance carriers; (g) Notification that this telephone provides access to all available long distance carriers; and (h) Notice to dial 9-1-1 for emergencies. Statutory/Other Authority: ORS 183, 756 & 759 Statutes/Other Implemented: ORS 756.040 & 759.690 History: PUC 4-2000, f. & cert. ef. 2-9-00 PUC 10-1998, f. & cert. ef. 4-28-98 PUC 1-1994, f. & cert. ef. 1-5-94 (Order No. 94-040)
860-032-0410 Location of Underground Facilities A telecommunications provider and its customers shall comply with requirements of OAR chapter 952 regarding the prevention of damage to underground facilities. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 756.040 & 757.542 - 757.562 History: PUC 23-2001, f. and cert. ef. 10-11-01
860-032-0420 Construction, Safety, and Reporting Standards for Telecommunications Providers A telecommunications provider shall comply with the construction, safety, and reporting standards set forth in OAR chapter 860, division 024. Statutory/Other Authority: ORS 183, 756, 757 & 759 Statutes/Other Implemented: ORS 757.035 History: PUC 23-2001, f. & cert. ef. 10-11-01
860-032-0430 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 757.270 - 757.290 & 759.650 - 759.675 History: PUC 23-2001, f. & cert. ef. 10-11-01
860-033-0001 Applicability (1) The rules in this Division apply to all telecommunications providers interconnected voice over internet protocol service providers, and cellular, wireless, or other radio common carriers that offer service in Oregon with access to the Oregon Telecommunications Relay Service and to the applicants for and recipients of RSPF benefits. (2) Upon request or its own motion, the Commission may waive any of the division 33 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. (3) In computing any period of time prescribed or allowed by these rules, the first day of the act or event is not included. The last day of the period is included, unless the last day is a Saturday or legal holiday; then the period runs until the end of the next day that is not a Saturday or legal holiday. Legal holidays are those identified in ORS 187.010 and 187.020. Statutory/Other Authority: ORS 183, ORS 756, ORS 759 & 1987 OL Ch. 290 Statutes/Other Implemented: ORS 756.040 & 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 6-2011, f. & cert. ef. 9-14-11 PUC 12-2009, f. & cert. ef. 11-13-09 PUC 3-1999, f. & cert. ef. 8-10-99
860-033-0007 Late Reports and Failure to Remit Surcharge (1) For any period for which a telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier fails to file a Remittance Report and remit the surcharge by the due date as required by these rules, the Commission may issue a notice of proposed assessment for the surcharge amount to the telecommunications provider, interconnected voice over internet protocol service provider, or a cellular, wireless, or other radio common carrier based upon any information available to the Commission. (2) If a telecommunications provider, interconnected voice over internet service provider or a cellular, wireless, or other common carrier failed to file a Remittance Report within the time specified in these rules, the Commission may add to the proposed assessment a late report fee per OAR 860-001-0050(3)(e) and, if the provider or carrier failed to remit the surcharge by the due date, the Commission may add an assessment, up to a maximum of $500, and interest on the surcharge amount owed at the rate of 9 percent per annum from the due date. (3) The proposed assessment may not cover a period longer than three years prior to the date of the notice of proposed assessment. But, if the telecommunications provider did not hold a certificate of authority, if one was required by law, the Commission has an unlimited time to propose an assessment for the period represented by the non-filed Remittance Report. (4) In addition to any other penalty allowed by law, the Commission may suspend or cancel a telecommunications provider’s certificate of authority to provide telecommunications service or revoke an eligible telecommunications provider’s designation for failure to timely file a Remittance Report or its failure to remit the surcharge by the due date. 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 1-2010, f. & cert. ef. 5-18-10 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
860-033-0009 Notice of Proposed Assessment, Hearing, and Order (1) To request a hearing on the notice of proposed assessment, the telecommunications provider, interconnected voice over internet protocol service provider or cellular, wireless, or other radio common carrier 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 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 of the notice of proposed assessment was mailed. (a) If the Commission does not receive a written request for hearing within 30 days, the Commission may enter an order on default based upon 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, unless a different due date is specified in the order. (b) If a written request for hearing is filed within the 30-day period, the Commission will grant the telecommunications provider, interconnected voice over internet protocol service provider or the cellular, wireless, or other radio common carrier a hearing and give the telecommunications provider, interconnected voice over internet protocol service provider or the cellular, wireless, or other radio common carrier at least 10 days' notice of the time and place of a hearing. (2) The hearing on the telecommunications provider's, the interconnected voice over internet protocol service provider’s or the cellular, wireless, or other radio common carrier’s petition is conducted under the Commission’s rules governing hearings and proceedings. (3) During the 30-day period allowed for requesting a hearing on a notice of proposed assessment under these rules, the telecommunications provider, interconnected voice over internet protocol service provider, the cellular, wireless, or other radio common carrier may file its Remittance Report and pay any surcharge, late report fee, late payment fee, and interest proposed in the notice. The Commission will accept the Remittance Report and payment if correctly calculated. 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
860-033-0010 Oregon Telephone Assistance Program (OTAP) and Lifeline Applicability (1) The Oregon Telephone Assistance Program (OTAP) is designed to provide a reduced rate or discount for an Eligible Telecommunications Provider's broadband internet access service, basic service, or both, whether sold separately or in combination with other services, to low-income customers who meet eligibility requirements. (2) An Eligible Telecommunications Provider must offer to all low-income customers who meet eligibility requirements OTAP discounts with all service offerings that include broadband internet access service or basic telephone service. Reduced rates or discounts apply to the single line, or service that is functionally equivalent to a single line, serving the eligible customer's principal residence in Oregon. An Eligible Telecommunications Provider may not decline to provide the OTAP and the Lifeline discount to an eligible customer for wireless service on the basis the customer has an out-of-state telephone number. (3) Eligible Telecommunications Providers and the Commission must treat OTAP and Lifeline data as confidential information, to the extent allowed by law, and OTAP and Lifeline data may be used only for OTAP and Lifeline purposes. 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 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 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238) PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)
860-033-0021 Eligible Telecommunications Provider Requirements (1) A telecommunications provider, or cellular, wireless, or other radio common carrier may petition the Commission for designation as an Eligible Telecommunications Provider. To be designated as an Eligible Telecommunications Provider, the petitioner must demonstrate that it will: (a) Offer services under 47 C.F.R. §54 Subpart E (2013) using either its own facilities or a combination of its own facilities and resale of another carrier’s services (including the services offered by another Eligible Telecommunications Carrier throughout the service area) or for Lifeline-only carriers, a compliance plan that has been approved by the Federal Communications Commission. Under 47 C.F.R. §54 Subpart C (2012), the requirement of using its “own facilities” includes, but is not limited to, purchasing unbundled network elements from another carrier. (b) Advertise the availability of and the charges for such services using media of general distribution; and (c) Comply with OAR 860-033-0005 through 860-033-0110. (2) Once designated, the Commission may suspend or revoked an Eligible Telecommunications Provider’s designation for failure to comply with the requirements under subsection (1)(a), (1)(b) or (1)(c). Statutory/Other Authority: ORS 183, ORS 756 & ORS 759 Statutes/Other Implemented: ORS 759.036 & Ch. 290 OL 1987 History: PUC 7-2020, adopt filed 12/30/2020, effective 12/30/2020
860-033-0035 OTAP and Lifeline Benefits (1) A residential customer qualifying for the OTAP and Lifeline benefit pays a reduced monthly rate, as established by the Commission, for broadband internet access service or basic service, or both, whether sold separately or in combination with other services, provided by an Eligible Telecommunications Provider. The monthly OTAP benefit includes: (a) The federal Lifeline program support in accordance with 47 C.F.R. §54.403, if available; and (b) For a customer paying a monthly rate, the State of Oregon support of up to $10.00. The customer may not receive a monthly OTAP benefit in excess of the customer's monthly rate; or (c) For a customer that receives the OTAP supported service at no charge, the State of Oregon support of $10.00. If an Eligible Telecommunications Provider that offers OTAP supported service at no charge to the low-income customer demonstrates to the Commission that it provides unlimited voice minutes for basic service and unlimited data for any broadband internet access service provided to the customer, the Commission may authorize a State of Oregon support amount up to $10.00. (d) The Commission may reduce the State of Oregon support by order of the Commission when sufficient funding is not available to sustain the current level of support. (2) OTAP and Lifeline benefits become effective on the date the Commission notifies the Eligible Telecommunications Provider of approval unless otherwise specified in the notice of approval. (3) An Eligible Telecommunications Provider that offers OTAP or Lifeline supported service at no charge to the low-income customer must require the customer to contact the Eligible Telecommunications Provider to activate the OTAP or Lifeline supported service. The Eligible Telecommunications Provider must require the low-income customer to provide the last four digits of his or her social security number or Tribal identification number before activating the OTAP or Lifeline supported service. 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 1-2022, amend filed 01/28/2022, effective 01/28/2022 PUC 7-2021, temporary amend filed 08/30/2021, effective 09/01/2021 through 01/31/2022 PUC 1-2021, temporary amend filed 02/01/2021, effective 02/01/2021 through 06/30/2021 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 12-2009, f. & cert. ef. 11-13-09 PUC 2-2002, f. & cert. ef. 2-5-02 PUC 18-1997, f. & cert. ef. 12-17-97 PUC 5-1992, f. & cert. ef. 2-14-92 (Order No. 92-238) PUC 9-1988, f. & cert. ef. 4-28-88 (Order No. 88-415)
860-033-0100 Toll Limitation Service and Prohibited Charges (1) Upon request and availability, an OTAP or Lifeline customer is entitled to Toll Limitation Service from an Eligible Telecommunications Provider at no additional charge. (2) An Eligible Telecommunications Provider may not charge the OTAP or Lifeline customer: (a) The federal universal service fund fee on the local service portion of the phone bill; (b) The local number portability fee; or (c) The access recovery fee. Statutory/Other Authority: ORS 183, 756, 759 & 1987 OL Ch. 290 Statutes/Other Implemented: ORS 756.040, 759.036 & 1987 OL Ch. 290 History: PUC 7-2013, f. & cert. ef. 12-20-13 PUC 5-2013(Temp), f. & cert. ef. 6-28-13 thru 12-24-13 PUC 12-2009, f. & cert. ef. 11-13-09 PUC 18-1997, f. & cert. ef. 12-17-97