reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.180 - Hearing on reasonableness of rates; procedures; exceptions.

(1)(a) Except as provided in ORS 759.195 and 759.410 and ORS 759.052, 759.054 or 759.056, whenever any telecommunications utility files with the Public Utility Commission any rate or schedule of rates stating or establishing a new rate or schedule of rates or increasing an existing rate or schedule of rates, the commission may, either upon written complaint or upon the commission’s own initiative, after reasonable notice, conduct a hearing to determine the propriety and reasonableness of the rate or schedule. The commission shall conduct the hearing upon written complaint filed by the telecommunications utility, its customer or customers, or any other proper party within 60 days of the telecommunications utility’s filing. A hearing need not be held if the particular rate change is the result of an automatic adjustment clause. At the hearing the telecommunications utility shall bear the burden of showing that the rate or schedule of rates proposed to be established or increased or changed is just and reasonable.
(b) As used in this subsection, "automatic adjustment clause" means a provision of a rate schedule, authorized pursuant to ORS 759.195 (6), that provides for rate increases, decreases or both, without prior hearing, reflecting increases, decreases or both in costs incurred by a telecommunications utility and that is subject to review by the commission at least once every two years.
(2) The commission and staff may consult at any time with, and provide technical assistance to, telecommunications utilities, their customers, and other interested parties on matters relevant to utility rates and charges. If a hearing is held with respect to a rate change, the decisions of the commission shall be based on the record made at the hearing. [1987 c.447 §13; 1989 c.5 §16; 2005 c.232 §16]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.182 - Rate schedules for service promotions; rules.

(1) A telecommunications utility may file rate schedules for service promotions that are offered by the utility for the purpose of:
(a) Increasing the use of the utility’s services by present or future customers;
(b) Preventing a decrease in the use of the utility’s services by present or future customers; or
(c) Inducing any person to use the utility’s services instead of a competing provider’s services.
(2) The rates charged under a service promotion by a telecommunications utility must be adequate to ensure that:
(a) The utility will recover an amount equal to the sum of the total service long run incremental cost of providing the nonessential functions of the service and the price that is charged to other telecommunications carriers for the essential functions; and
(b) The utility will recover the amount under paragraph (a) of this subsection during the average time that customers use the service.
(3) Notwithstanding ORS 759.190, service promotion rate schedules become effective upon filing with the Public Utility Commission.
(4) The commission shall adopt rules governing service promotion rate schedules filed under this section. [2001 c.309 §2]
Note:
759.182 was added to and made a part of 759.180 to 759.190 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.185 - Suspension of rates pending hearing; time limitation; refund of revenue collected; interim rates.

(1) The Public Utility Commission may, pending such investigation and determination, order the suspension of the rate or schedule of rates, provided the initial period of suspension shall not extend more than six months beyond the time when such rate or schedule would otherwise go into effect. If the commission finds that the investigation will not be completed at the expiration of the initial suspension, the commission may enter an order further suspending such rate or schedule for not more than three months beyond the last day of the initial suspension.
(2) This section does not prevent the commission and the telecommunications utility from entering into a written stipulation at any time extending any period of suspension.
(3) After full hearing, whether completed before or after such rate or schedule has gone into effect, the commission may make such order in reference thereto as would be proper in a proceeding initiated after such rate or schedule has become effective.
(4) If the commission is required to or determines to conduct a hearing on a rate or schedule of rates filed pursuant to ORS 759.180, but does not order a suspension thereof, any increased revenue collected by the telecommunications utility as a result of such rate or rate schedule becoming effective shall be received subject to being refunded. If the rate or rate schedule thereafter approved by the commission is for a lesser increase or for no increase, the telecommunications utility shall refund the amount of revenues received that exceeds the amount approved as nearly as possible to the customers from whom such excess revenues were collected, by a credit against future bills or otherwise, in such manner as the commission orders.
(5) The commission may, in a suspension order, authorize an interim rate or rate schedule under which the telecommunications utility’s revenues will be increased by an amount deemed reasonable by the commission, not exceeding the amount requested by the telecommunications utility. An interim rate or rate schedule shall remain in effect until terminated by the commission. [1987 c.447 §14]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.190 - Notice of schedule change.

No change shall be made in any schedule, including schedules of joint rates, except upon 30 days’ notice to the Public Utility Commission. All changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof 30 days prior to the time they are to take effect. However, the commission, for good cause shown, may allow changes without requiring the 30 days’ notice by filing an order specifying the changes to be made and the time when they shall take effect. [1987 c.447 §15]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.205 - Conformance of rates charged with schedule.

No telecommunications utility shall charge, demand, collect or receive a greater or less compensation for any service performed by it within the state, or for any service in connection therewith, than is specified in printed rate schedules as may at the time be in force, or demand, collect or receive any rate not specified in such schedule. The rates named therein are the lawful rates until they are changed as provided in this chapter. [1987 c.447 §16]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.210 - Classification of service and rates; considerations; rules.

(1) The Public Utility Commission shall provide for a comprehensive classification of service for each telecommunications utility. The classification may take into account the quantity used, the time when used, the purpose for which used, the existence of price competition or a service alternative, the services being provided, the conditions of service and any other reasonable consideration. Based on these considerations the commission may authorize classifications or schedules of rates applicable to individual customers or groups of customers. Each telecommunications utility is required to conform its schedules of rates to such classification. If the commission determines that a tariff filing under ORS 759.175 results in a rate classification primarily related to price competition or a service alternative, the commission, at a minimum, shall consider the following:
(a) Whether the rate generates revenues at least sufficient to cover relevant short and long run costs of the utility during the term of the rates; and
(b) Whether the rate generates revenues sufficient to insure that just and reasonable rates are established for remaining customers of the telecommunications utility.
(2) The commission may prescribe any changes in the form in which the schedules are issued by any telecommunications utility as the commission finds to be expedient. The commission shall adopt rules that allow any person who requests notice of tariff filings described under subsection (1) of this section to receive such notice. [1987 c.447 §17; 1989 c.5 §17; 2005 c.232 §18]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.215 - Public access to schedules.

(1) A copy of so much of all schedules, including schedules of joint rates and charges, as the Public Utility Commission deems necessary for the use of the public, shall be made available to the public.
(2) Except as provided in ORS 759.410 (8), copies of all new schedules shall be made readily accessible to the public as required by the commission 30 days prior to the time the schedules are to take effect, unless the commission prescribes a shorter time. [1987 c.447 §18; 2005 c.232 §19]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.218 - Revenues and expenses of unregulated activities.

(1) A telecommunications utility may not use revenues earned from, or allocate expenses to, that portion of the utility’s business that is regulated under this chapter in order to subsidize activities that are not regulated by this chapter.
(2) The Public Utility Commission may not require revenues or expenses from an activity that is not regulated under this chapter to be attributed to the regulated activities of a telecommunications utility.
(3) The commission may approve a telecommunications utility rate proposal for basic local service rates that utilizes revenues from other regulated services to partially cover the costs of providing basic local service. [2005 c.232 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.219 - Certain taxes as operating expense; charge pro rata to users; condition.

The privilege tax authorized by ORS 221.515, or other similar exactions imposed by any municipality in this state upon telecommunications utilities for use and occupancy of streets, alleys or highways, or all of them, shall be allowed as an operating expense of the affected telecommunications utilities operating in the municipality for rate-making purposes by the Public Utility Commission. The cost of such privilege tax or other similar exactions shall be charged pro rata to the users of such telecommunications utility within the municipality unless the Public Utility Commission determines on a statewide basis that such pro rata charges would be inequitable, in whole or in part, to city ratepayers or should otherwise be borne as a statewide operating expense by the telecommunications utility. [Formerly 759.105]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.225 - Application of ORS 759.220 to unincorporated associations and cooperative corporations.

Notwithstanding any other provision of law, ORS 759.220 applies to any unincorporated association or cooperative corporation providing intrastate telecommunications service. The application of ORS 759.220 to unincorporated associations and cooperative corporations:
(1) Does not allow the Public Utility Commission to establish terms, conditions, classifications or rates for services rendered to members of unincorporated associations or cooperative corporations;
(2) Does not make unincorporated associations or cooperative corporations subject to the commission’s general powers of regulation;
(3) Allows the commission to regulate access charges imposed by unincorporated associations and cooperative corporations; and
(4) Requires unincorporated associations and cooperative corporations to provide information to the commission that the commission deems necessary to establish new extended service areas. [Formerly 757.860; 2001 c.853 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.230 - Measured service rate for business customers; restriction.

(1) Notwithstanding any other provision of this chapter, the Public Utility Commission shall not authorize a telecommunications utility to implement a rate schedule that includes optional measured service for business customers unless the rate for the service is sufficient to defray all costs that must be incurred to implement the service, including the costs of measuring and billing.
(2) As used in this section:
(a) "Local exchange telephone service" means telephone service provided within the boundaries of exchange maps filed with and approved by the commission.
(b) "Measured service" means local exchange telephone service, the rate for which is based upon the number of calls, length of calls, distance or time of day. [Formerly 757.835]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.235 - Mandatory measured service rate; prohibition.

(1) The Public Utility Commission shall be prohibited from requiring any call aggregator, telephone customer or class of customers to pay for local exchange telephone service, or any portion thereof, on a mandatory measured service basis.
(2) As used in this section:
(a) "Call aggregator" has the meaning given that term in ORS 759.680.
(b) "Measured service" means charging for local exchange telephone service based upon number of calls, length of calls, distance, time of day, or any combination thereof.
(3) Nothing in this section is intended to prohibit the commission from requiring telephone customers to pay on a mandatory measured service basis for:
(a) Land, marine, or air mobile service.
(b) Local exchange telephone service resold at a profit.
(4) The commission shall not change boundaries of local exchange service areas nor take any other actions if such changes or actions have the effect of circumventing subsections (1) and (2) of this section. [Formerly 757.840; 1997 c.317 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.240 - Measuring quality of service; standards; rules.

(1) The Public Utility Commission shall ascertain and prescribe for each kind of telecommunications utility suitable and convenient standard commercial units of service. These shall be lawful units for the purposes of this chapter.
(2) The commission shall ascertain and fix adequate and serviceable standards for the measurement of quality, pressure, initial voltage or other conditions pertaining to the supply of the service rendered by any telecommunications utility and prescribe reasonable regulations for examination and testing of such service and for the measurement thereof. It shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for the measurements, and every telecommunications utility is required to carry into effect all orders issued by the commission relative thereto. [1987 c.447 §20]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.245 - Examination and testing of measuring appliances; rules; fees.

(1) The Public Utility Commission may provide for the examination and testing of any and all appliances used for the measuring of any service of a telecommunications utility and may provide by rule that no such appliance shall be installed and used for the measuring of any service of any telecommunications utility until it has been examined and tested by the commission and found to be accurate.
(2) The commission shall declare and establish a reasonable fee governing the cost of such examination and test, which shall be paid to the commission by the telecommunications utility.
(3) The commission shall declare and establish reasonable fees for the testing of such appliances on the application of the customer, the fee to be paid by the customer at the time of the customer’s request, but to be repaid to the customer by the commission and to be paid by the telecommunications utility if the appliance is found defective or incorrect to the disadvantage of the customer or used beyond such reasonable limit as may be prescribed by the commission.
(4) All fees collected under the provisions of this section shall be paid by the commission into the State Treasury.
(5) The commission may purchase such materials, apparatus and standard measuring instruments for the examination and tests as the commission deems necessary. [1987 c.447 §21]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.255 - Setting prices without regard to return on utility investment; petition; findings; conditions; application of statutes to approved plan.

(1) In addition to powers vested in the Public Utility Commission under ORS 759.195, and subject to the limitations contained in subsections (2) to (4) of this section, upon petition of a telecommunications utility that provides local exchange service directly, or is affiliated with a utility that provides local exchange service, the commission, after notice and hearing, may approve a plan under which the commission regulates prices charged by the utility, without regard to the return on investment of the utility. Prices approved under the plan are not subject to the provisions of ORS 759.180 to 759.190 and shall become effective as stated in the plan.
(2) Prior to granting a petition to approve a plan under subsection (1) of this section, the commission must find that the plan is in the public interest. In making its determination the commission shall consider, among other matters, whether the plan:
(a) Ensures prices for telecommunications services that are just and reasonable;
(b) Ensures high quality of existing telecommunications services and makes new services available;
(c) Maintains the appropriate balance between the need for regulation and competition; and
(d) Simplifies regulation.
(3) If the commission approves a plan under subsection (1) of this section, the commission shall establish objectives of the plan and conditions for review of the plan during the operation of the plan. The commission may not consider return on investment of the utility when the commission establishes objectives of the plan and conditions for review of the plan during the operation of the plan.
(4) A rate for any service in the plan authorized under subsection (1) of this section may not be lower than the total service long run incremental cost, for nonessential functions, of providing the service and the charges of essential functions used in providing the service. However, the commission may allow a telecommunications utility to establish rates for residential local exchange service at any level necessary to achieve the commission’s universal service objectives.
(5) If the commission approves a plan under subsection (1) of this section, the commission may waive, in whole or in part, compliance by the telecommunications utility with ORS 759.120, 759.125, 759.130, 759.135, 759.180 to 759.205, 759.215, 759.220, 759.285 and 759.300 to 759.393. [1995 c.399 §2; 2005 c.232 §13b]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.257 - Extended area service: Portland to Scappoose.

(1) Two-way, flat rate or measured extended area service shall be provided by each telecommunications utility providing service between the Portland EAS Region and the Scappoose Exchange, as described by EAS and exchange maps filed with and approved by the Public Utility Commission.
(2) The service provided for in subsection (1) of this section may be implemented during the currently pending Portland EAS Region Expansion, but in no event shall such implementation occur later than November 1, 1998.
(3) Nothing in subsection (1) of this section authorizes a telecommunications utility to discontinue two-way, flat rate or measured extended area service in any exchange area where that service was provided prior to October 4, 1997. [1997 c.796 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.259 - Extended area service: Portland to Molalla.

(1) Two-way, flat rate or measured extended area service shall be provided by each telecommunications utility providing service between the Portland EAS Region and the Molalla Exchange, as described by EAS and exchange maps filed with and approved by the Public Utility Commission.
(2) The service provided for in subsection (1) of this section may be implemented during the currently pending Portland EAS Region Expansion, but in no event shall such implementation occur later than November 1, 1998, after approval by customers of the Molalla Exchange.
(3) Nothing in subsection (1) of this section authorizes a telecommunications utility to discontinue two-way, flat rate or measured extended area service in any exchange area where the service was provided prior to October 4, 1997. [1997 c.505 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.260 - Unjust discrimination in rates.

(1) Except as provided in ORS 759.265, no telecommunications utility or any agent or officer thereof shall, directly or indirectly, by any device, charge, demand, collect or receive from any person a greater or less compensation for any service rendered or to be rendered by it than:
(a) That prescribed in the public schedules or tariffs then in force or established; or
(b) It charges, demands, collects or receives from any other person for a like and contemporaneous service under substantially similar circumstances. A difference in rates or charges based upon a difference in classification pursuant to ORS 759.210 shall not constitute a violation of this paragraph.
(2) Any telecommunications utility violating this section is guilty of unjust discrimination. [1987 c.447 §46; 1989 c.5 §22; 1993 c.18 §165]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.265 - Practices not constituting unjust discrimination.

(1) ORS 759.260 does not prevent any telecommunications utility from giving free service, or reduced rates therefor, to:
(a) Its officers, directors, employees and members of their families;
(b) Former employees of such telecommunications utilities or members of their families where such former employees have become disabled in the service of such telecommunications utility or are unable from physical disqualification, including retirement, to continue in the service; or
(c) Members of families of deceased employees of such telecommunications utility.
(2) The Public Utility Commission may require any telecommunications utility to file with the commission a list, verified under oath, of all free or reduced rate privileges granted by a telecommunications utility under the provisions of this section. [1987 c.447 §47]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.267 - Service promotion activities.

A telecommunications utility may promote the use of its services by offering a waiver of part or all of a recurring or a nonrecurring charge, a redemption coupon or a premium with the purchase of a service. ORS 759.260 and 759.265 do not apply to promotions under this section, but the customer group to which the promotion is available must be based on reasonable distinctions among customers. [1993 c.204 §4]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.270 - Reducing rates for persons furnishing part of facilities; rental of customer facilities; furnishing meters and appliances.

(1) No telecommunications utility shall demand, charge, collect or receive from any person less compensation for any service rendered or to be rendered by the telecommunications utility in consideration of the furnishing by such person of any part of the facilities incident thereto.
(2) This section does not prohibit any telecommunications utility from renting any customer’s facilities incident to providing its services and for paying a reasonable rental therefor.
(3) This section does not require a telecommunications utility to furnish any part of such appliances which are situated in and upon the premises of any customer, except meters and appliances for measurements of any service, unless otherwise ordered by the Public Utility Commission. [1987 c.447 §48]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.275 - Undue preferences and prejudices.

(1) No telecommunications utility shall make or give undue or unreasonable preference or advantage to any particular person or locality, or shall subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect.
(2) Any telecommunications utility violating this section is guilty of unjust discrimination. [1987 c.447 §49]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.280 - Soliciting or accepting rebates or special advantage.

No person shall knowingly solicit, accept or receive any rebate, concession or discrimination in respect to any service whereby any such service shall, by any device, be rendered free or at a lesser rate than that named in the published schedules and tariffs in force, or whereby any service or advantage is received other than authorized in this chapter. [1987 c.447 §50]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.285 - Charging rates based on cost of property not presently providing service.

No telecommunications utility shall, directly or indirectly, by any device, charge, demand, collect or receive from any customer, rates which are derived from a rate base which includes within it any construction, building, installation or real or personal property not presently used for providing utility service to the customer. [1987 c.447 §51]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.305 - Power to regulate issuance of telecommunications stocks; rules.

The power of telecommunications utilities to issue stocks and bonds, notes and other evidences of indebtedness and to create liens on their property situated within this state is a special privilege, the right of supervision, regulation, restriction and control of which is and shall continue to be vested in the state. Such power shall be exercised as provided by law and under such rules and regulations as the Public Utility Commission may prescribe. [1987 c.447 §29]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.310 - When issuance of securities void.

All stocks and bonds, notes or other evidences of indebtedness and any security of a telecommunications utility shall be void when issued:
(1) Without an order of the Public Utility Commission authorizing the same then in effect except as provided in ORS 759.315 (3) or (5).
(2) With the authorization of the commission, but not conforming in its provisions to the provisions, if any, which it is required by the order of authorization of the commission to contain; but no failure to comply with the terms or conditions of the order of authorization of the commission and no informality or defect in the application or in the proceedings in connection therewith or with the issuance of such order shall render void any stock or bond, note or other evidence of indebtedness, or security issued pursuant to and in substantial conformity with an order of the commission, except as to a person taking the same otherwise than in good faith and for value and without actual notice. [1987 c.447 §30; 1993 c.204 §1]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.320 - Application of ORS 759.315.

ORS 759.315 does not apply to the issuance, renewal or assumption of liability on any evidence of indebtedness when such issuance, renewal or assumption is for the purpose of acquiring specific real or personal property, if the aggregate principal amount thereof, together with all other then outstanding evidences of indebtedness issued, renewed or assumed under this section, does not exceed whichever is the greater of the following amounts:
(1) The amount of $75,000.
(2) The amount of one-half of one percent of the sum of:
(a) The total principal amount of all bonds or other securities representing secured indebtedness of the telecommunications utility issued or assumed and then outstanding; and
(b) The capital and surplus as then stated on the books of account of the telecommunications utility. [1987 c.447 §32]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.325 - Application of ORS 759.375.

ORS 759.375 does not apply to any mortgage or other encumbrance upon any real or personal property given to secure payment of any evidence of indebtedness issued under ORS 759.315. [1987 c.447 §33]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.330 - Hearings and supplemental orders for securities issuance; joint approval for issuance by utility operating in another state.

(1) To enable the Public Utility Commission to determine whether the commission will issue an order under ORS 759.315, the commission may hold a hearing and may make such additional inquiry or investigation, examine such witnesses, books, papers, documents and contracts and require the filing of such data as the commission deems necessary. The application for such order shall be given priority and shall be disposed of by the commission within 30 days after the filing of such application, unless that period is extended with the consent of the telecommunications utility.
(2) The commission may, upon application of the telecommunications utility, after opportunity for hearing and for good cause shown, make such supplemental orders in the premises as the commission finds necessary or appropriate, and may by any such supplemental order modify the provisions of any previous order as to the particular purposes, uses, extent to which, or the condition under which, any security theretofore authorized or its proceeds may be applied. Such supplemental orders are subject to the requirements of ORS 759.315. The period of time permitted under subsection (1) of this section for disposing of applications shall not apply to supplemental orders.
(3) If a commission or other agency is empowered by another state to regulate and control the amount and character of securities to be issued by any telecommunications utility within such other state, the commission of Oregon has power to agree with such commission or agency of such other state on the issue of stocks, bonds, notes, other evidences of indebtedness or securities by a telecommunications utility owning or operating a telecommunications utility both in such state and in this state, and has power to approve such issue jointly with such commission or agency and to issue a joint certificate of such approval. However, no such joint approval is required in order to express the consent to and approval of such issue by the State of Oregon if the issue is separately approved by the Oregon commission. [1987 c.447 §34]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.335 - Obligation of state as consequence of approval of issuance.

No provision of ORS 759.300 to 759.360, and no deed or act done or performed under or in connection therewith, shall be held or construed to obligate the State of Oregon to pay or guarantee, in any manner whatsoever, any stock or bond, note or other evidence of indebtedness, authorized, issued or executed under the provisions of ORS 759.300 to 759.360. [1987 c.447 §35]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.340 - Conditional approval of issuance.

The Public Utility Commission may by order grant permission for the issue of stocks or bonds, notes or other evidences of indebtedness in the amount applied for, or in a lesser amount, or not at all, and may attach to the exercise of the permission such condition or conditions as the commission deems reasonable and necessary. [1987 c.447 §36]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.345 - Use of proceeds from issuance; accounting; rules.

(1) No telecommunications utility shall, without the consent of the Public Utility Commission, apply the issue of any stock or bond, note or other evidence of indebtedness, or any part or proceeds thereof, to any purpose not specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount authorized for such purpose, or issue or dispose of the same on any terms less favorable than those specified in such order, or a modification thereof.
(2) The commission has power to require telecommunications utilities to account for the disposition of the proceeds of all sales of stocks and bonds, notes and other evidences of indebtedness, in such form and detail as the commission deems advisable, and to establish such rules and regulations as the commission deems reasonable and necessary to insure the disposition of such proceeds for the purpose or purposes specified in the order. [1987 c.447 §37]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.350 - Limitation on authority of utility to guarantee debt of another.

No telecommunications utility shall assume any obligation or liability as guarantor, indorser, surety or otherwise in respect to the securities of any other person, firm or corporation, when such securities are payable at periods of more than 12 months after the date thereof, without first having secured from the Public Utility Commission an order authorizing it to do so. Every assumption made other than in accordance with such an order is void. [1987 c.447 §38]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.355 - Issuance or use of proceeds contrary to commission order.

No telecommunications utility shall directly or indirectly, issue or cause to be issued any stock or bond, note or other evidence of indebtedness in nonconformity with the order of the Public Utility Commission authorizing the same or contrary to the provisions of ORS 759.300 to 759.360, or of the Constitution of this state, or apply the proceeds from the sale thereof, or any part thereof, to any purpose other than the purposes specified in the commission’s order, or to any purpose specified in the commission’s order, in excess of the amount in the order authorized for such purpose. [1987 c.447 §39]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.360 - Prohibited acts regarding issuance of securities.

No person shall:
(1) Knowingly authorize, direct, aid in, issue or execute, or cause to be issued or executed, any stock or bond, note or other evidence of indebtedness, in nonconformity with the order of the Public Utility Commission authorizing the same, or contrary to the provisions of ORS 759.300 to 759.360 or of the Constitution of this state.
(2) In any proceeding before the commission, knowingly make any false statement or representation or with knowledge of its falsity file or cause to be filed with the commission any false statement or representation which may tend in any way to influence the commission to make an order authorizing the issue of any stock or bond, note or other evidence of indebtedness, or which results in procuring from the commission the making of any such order.
(3) With knowledge that any false statement or representation was made to the commission in any proceeding tending in any way to influence the commission to make such order, issue, execute or negotiate, or cause to be issued, executed or negotiated, any stock or bond, note or other evidence of indebtedness.
(4) Directly or indirectly, knowingly apply, or cause or assist to be applied, the proceeds, or any part thereof, from the sale of any stock or bond, note or other evidence of indebtedness, to any purpose not specified in the commission’s order, or to any purpose specified in the commission’s order in excess of the amount authorized for such purpose.
(5) With knowledge that any stock or bond, note or other evidence of indebtedness, has been issued or executed in violation of ORS 759.300 to 759.360, negotiate, or cause the same to be negotiated. [1987 c.447 §40]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.375 - Approval prior to sale, mortgage or disposal of operative utility property.

(1) A telecommunications utility doing business in Oregon shall not, without first obtaining the Public Utility Commission’s approval of such transaction:
(a) Sell, lease, assign or otherwise dispose of the whole of the property of such telecommunications utility necessary or useful in the performance of its duties to the public or any part thereof of a value in excess of $100,000, or sell, lease, assign or otherwise dispose of any franchise, permit or right to maintain and operate such telecommunications utility or telecommunications utility property, or perform any service as a telecommunications utility;
(b) Mortgage or otherwise encumber the whole or any part of the property of such telecommunications utility necessary or useful in the performance of its duties to the public, including any franchise, permit or right to maintain and operate such telecommunications utility or telecommunications utility property, or perform any service as a telecommunications utility; or
(c) By any means whatsoever, directly or indirectly, merge or consolidate any of its lines, plant, system or other property whatsoever, or franchise or permit to maintain or operate any telecommunications utility property, or perform any service as a telecommunications utility, or any part thereof, with any other public utility or telecommunications utility.
(2) A telecommunications utility that sells, leases, assigns or otherwise disposes of the whole of the property of such telecommunications utility necessary or useful in the performance of its duties to the public or any part thereof of a value in excess of $25,000, but less than $100,000, shall notify the commission of the sale within 60 days following the date of the sale.
(3) Every sale, lease, assignment, mortgage, disposition, encumbrance, merger or consolidation subject to subsection (1) of this section made other than in accordance with the order of the commission authorizing the same is void.
(4) This section does not prohibit or invalidate the sale, lease or other disposition by any telecommunications utility of property which is not necessary or useful in the performance of its duties to the public. [1987 c.447 §41; 1999 c.530 §2]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.380 - Purchase of stock or property of another utility.

(1) No telecommunications utility shall, directly or indirectly, purchase, acquire or become the owner of any of the stocks or bonds or property utilized for utility purposes and having a value in excess of $10,000 of any other public utility or telecommunications utility unless authorized to do so by the Public Utility Commission.
(2) Every contract by any telecommunications utility for the purchase, acquisition, assignment or transfer to it of any of the stock of any other telecommunications utility by or through any person, partnership or corporation without the approval of the commission shall be void and of no effect, and no such transfer or assignment of such stock upon the books of the corporation pursuant to any such contract is effective for any purpose. [1987 c.447 §42]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.385 - Contracts regarding use of utility property; filing with commission; investigation.

(1) When any telecommunications utility doing business in this state, except a telecommunications carrier that has elected to be subject to ORS 759.405 and 759.410, enters into a contract with another corporation with relation to the construction, operation, maintenance or use of the property of the telecommunications utility in Oregon, or the use of the property of the other contracting party, or any part of the property, or for service, advice, engineering, financing, rentals, leasing or for any construction or management charges with respect to any of the property, or for the purchase of property, materials or supplies, the proposed contract shall be filed with the Public Utility Commission for investigation and approval when the telecommunications utility owns a majority of or controls directly or indirectly the voting stock of the other contracting corporations.
(2) Any proposed contract described in subsection (1) of this section shall be filed with the commission within 90 days of execution of the contract. The contract shall be deemed to be executed on the date the parties sign a written contract or on the date the parties begin to transact business under the contract, whichever date is earlier. The commission shall promptly investigate and act upon the contract in accordance with ORS 759.390 (4) and (7).
(3) In making an investigation of the contract, the commission and accountants, examiners and agents, appointed by the commission for the purpose, shall be given free access to all books, books of account, documents, data and records of the telecommunications utility, as well as of the corporation with which it is proposing to contract, that the commission may deem material to the investigation. The failure or refusal of either of the parties to the proposed contract to comply with this subsection is prima facie evidence that the contract is unfair, unreasonable and contrary to public interest, and is sufficient to justify a determination and finding of the commission to that effect. A determination and finding by the commission under this subsection has the same force and effect as any other determination or order of the commission.
(4) This section applies only to transactions in which the telecommunications utility’s Oregon intrastate expenditure to the affiliate is more than $100,000. [1987 c.447 §43; 1989 c.956 §4; 1991 c.899 §1; 1999 c.809 §1; 2005 c.232 §21; 2009 c.11 §97]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.393 - Applicability of ORS 759.385 and 759.390.

(1) Except as provided in subsection (2) of this section, the filing of proposed contracts under ORS 759.385 and 759.390 shall constitute a telecommunications utility’s sole reporting obligation under ORS 759.385 and 759.390 and the Public Utility Commission may not require a telecommunications utility to submit annual or other cumulative reports regarding such contracts, including contracts with affiliates of the utility.
(2) On April 1 of each year, every telecommunications utility shall file with the commission a list of affiliate contracts executed in the 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. [1999 c.809 §3]
2023 Oregon Revised Statutes › Volume : 19 - Utilities, Vehicle Code, Watercraft, Aviation › Chapter 759 - Telecommunications Utility Regulation › Section 759.400 - Definitions for ORS 759.400 to 759.455.

As used in ORS 759.400 to 759.455:
(1) "Basic telephone service" means local exchange telecommunications service defined as basic by rule of the Public Utility Commission.
(2) "Commercial mobile radio service" has the meaning given that term in 47 C.F.R. 20.3.
(3) "Interconnected voice over internet protocol service" has the meaning given the term "interconnected VoIP service" in 47 C.F.R. 9.3.
(4) "Retail telecommunications service" means a telecommunications service provided for a fee to customers. "Retail telecommunications service" does not include a service provided by one telecommunications carrier to another telecommunications carrier, unless the carrier receiving the service is the end user of the service.
(5) "Telecommunications carrier" means any provider of retail telecommunications services, except a call aggregator as defined in ORS 759.680. [1999 c.1093 §23; 2020 s.s.1 c.17 §1]